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Show THE DAILY STATE JOURNAL. PAGE FOUR bear.. Johnson won because there n had split in the Republican rank, beOGDEN, UTAH cause of his natural ability and beJournal Publishing Co. ....Publishers cause the Scandinavian voters rrllled to him almost to a man. Added to all (Incorporated) Published every evening except Sunday this the Republicans were gul'ty of a glittering piece of assininity in atTelephones Johnson because his fatV. was Business Office Bell, III I ring tacking in drunkard and hia moth-- r Ind. Ill 1 ring a S 14 to chillr?n. Rooms her Editorial support rings washing ....Bell, Ind. 142 rings This year the Republicans have put up for governor a man named JacobTERMS OF SUBSCRIPTION son. It is fait to assume that he too .94.00 is of Scandinavian extraction, and if By Mail Oua Tear 109 so he a ill divide that vote with JohnBy Mall Six Months 1.59 son. Months Mail Three By .99 By Mail One Blonth But there ia another factor that v 111 .99 Month One Carrier By operate powerfully In Jacobson's faPay No Money to Carriers vor. The man who placed him m nomria'ter at ination in the Republican e invention Entered as second-clas- s the Poutoffloa at Ogden. Utah, under said he ate pie with a knlfi. Tbe Act of Congress of March 1, 1979. chairman of the recent Democratic convention went one better and Mid M. F. CUNNINGHAM. .Manag Editor Jacobson ate beefsteak with his fingB. A. BOWMAN.. Business Msnager ers. Statements of similar character TO NOTICE made concerning Andrew Jackson, AbSUBSCRIBERS You should receive your paper net raham Lincoln and others nave provlater than 7:09 p. m. If not received en to be valuable political assets, Jaat that hour call Phone 994 and It cobson may profit by bia peculiar mewill be aent you by special messenger. thods of eating pie and beefsteak as No paper delivered after ! p. Johnson did through ths attacks made Pay ne money te carrier er ether upon his parents. collectors unless they present credenIs another feature f 'he sitThere tials from th undersigned. Under ne circumstances will carriers uation In Minnesota that is of general er collect era be allowed te take steps. Interest. Th nomination we foretd All notions cf this kind must be given upon Johnson this week by the friends te this office direct er by letter, er in of W. J. Bryan In ths bops that the person, er phene 664, ene ring. latter would profit by the popularity of JOURNAL PUBLISHNG CO With Johnson In his homo state. Johnson on ths ticket there may bo souis slight hope of carrying Minnesota for ths Democratic ticks. CerBEWARE OF THE VOTERS tainly there would be no hops without of small caliber who have Johnson. In this way the govern, Is PUSSE8 their schemes down the offered up as a sacrifice to Bryan. If ha wins he adds nothing to the prestige throats of voters in recent years In he already possesses while he helps Utah have cause for their anxiety now. Bryan Immensely. If ha loses he la Them la a day of reckoning at hand eliminated as a factor In futuie cam- Daily $tatr ilauruul tx ...... ....... all the time In the west as well as in tics, was fire chief in Salt Lake City j language used was used In connection the east, so that there would be no for years; he was chairman of the Re- - j with the Standard Oil company of Inthe last j diana. and that nowhere were the prolimit In reason to the demand for this publican city committee in and was recently turned dosn for ceedings directed or pretended to be fight class of goods. fire chief by tbe present American' directed against the Standard Oil comIt will require $250,000 to establisb city administration in Salt Lake City pany of New Jersey. Takes Issue With Court. this fketory on the proper lines, and because he was too much of a RepubThe government takes Issue with the pressing problem for the cltisens lican. the Court of Appeals that Judge of Cache county is of course the raisJ. U, Eldredge, Jr., who is to be Landis' proceeding in this case ing of the required capital. It would the government assay er st Salt Lake amounted to a strange doctrine in n be a splendid piece of work for the City as soon ns the salary stares, has jurisprudence, and says weeks' a from two that the g returned outing. proceedings of Judge Landis great county of the just state If this factory could be estab- He says he will arrange for Republi- are In accordance with the rule of can primaries in Salt Lake county for procedure pointed out by Mr. Bishop lished without delay. about September 1 and will carry the In hls work on criminal law ns one of county for hie party by a plurality of the elementary principles of that Jurisfrom 899 to 1,500. That's nice. prudence recognised from the earliest ! unions all eigne fall. been reached. The limit has paigns. To a man with ambitions this Is a desperate chance that Johnson Is takThese little bueaee are running about ing. It Is a big sacrifice that !a deover the stale trying to patch up manded of him. their troubles. They are applying KEEP COOL. poultices when they should be applying the presidential campaign proThey ars doctoring the Aft gresses this fact la driven In upon when surface on the they pimples of every anxious consciousness the should be cutting to ths root of the Voters are not excited and politician: disease. To them the gdvocacy of a do not propose to become excited. candidate outside of a prescribed cirSome time ago the Young Mens cle la open rebellion; the organisation Republican club of Salt Lake City atof a Taft club la apostacy; the expres- tempted to ratify ths nomination of Taft and Sherman. The affair was a sion of an open opinion Is treason. miserable flssle. Recently the Taft These little bosses are blind. Every club of Logan led out In another atmove they make brings ths dsy of tempt to ratify at Saltalr and invited retribution nearer. They have outraged the other Taft cluba of the state to the people in many of their actions, join with them. Here again there was and now they are trying to right ths total lark of enthusiasm and a small gathering. Yesterday the Woman's wrong by abusing their victims. Democratic club of Salt Lake City Ogden fumlehee a fair example of tried to ratify the nominations of how the bosses have abused the power Bryan and Kern in an outing at Salplaced in their hands. Hers the un- talr. The affair was extensively adspeakable Qlasmann was forced upon vertised and an orator was imported the community as postmaster. To add from Chicago for the occasion. The nioet favorable reports place the attenInsult to ths injury this miserable dance at 1.000, which would seem to puppet of the little bosses Is permit- be below the normal attendance at the ted to abuse at wlU all who refuse to popular resort on ordinary days when the knife. And there are no ratifications In progress. why A Young Man's Bryan club was organization In Salt Lake City the other there la revolt In the ranks I with a membership of about 10. "Whom the gods would destroy, they night Thirty out of a population of 80,000 in bow down and worship him. still the little bosses wonder first made mad." Voters always have a remedy for such evils In their own hands. They will often submit to abuses rather than apply this drastic- remedy, but once they have made up their mind to art, woe to him who has Incurred their displeasure! They take no halfway measures. - From Cache county down through the state there Is revolt and scurry Ing of little bosses to patch up the breaks. It ia openly asserted by Republicans that Weber county will go Democratic. Why? The fight between ths Independent voters and the little bosses is to be taken to the primaries; from there to tbe conventions and from there to the polls. If the little bosses have any wisdom left they may be able to save themselves from complete humiliation. They cannot save themselves by continuing to ride rough shod over the rights of the men and women they have outraged, the men and women -- they should obey and servo. THIS WILL BE A. A RACE. JOHNSON'S JOHN the race for declaim to .a third term as governor of Minnesota promisee one of the Interesting state races of the en- tire campaign. Minnesota U overwhelmingly Repun the city! 440004090049004444 HEAVY DROPS IN EARNINGS OF RAILROADS It the first six months of the present year, A from railroads of the country representing a Mileage of v according to a compilation A by the Financial Chronicle, shows that the falling off in railroad earnings in that period had never been approached by any previous period. As far as the records show, no period is. shown between one year and anA other when the percentage of A kiss has been so great for sue- A ceaslve months. Ths ratio of A falling off reachas 17 per cent. A The table of comparison gives A the ratio of decrease for JanuA ary, February and March respectively ee 12.49, 11.79 end A 12.17 per cent, and in April, May A and June the ratios rose to A 22.87 end 20.89 per cent. The A table follows: A A A FEDERAL OFFICIAL RENEW ATTACK ON STANDARD OIL A A (Continued from Page L) ths court of what the trial Judge ruled with reference to the admission ef evidence and how he really charged the Jury. The government strenuously contends that the effect of the construction upon the statute in the face of the fact that the very question Involved In this case has been expressly left open by the Supreme court In the Armour Packing company case, recently decid- 19-2- 1909. 1151.758,408 141,258.208 ed by that court. The precise question Involved in this cose was stated by the Supreme court In that case. It was not decided by the Supreme court however, because it was not involved but was left open. Wipe Out Commerce Commies' on. A A A A 6 A A A A A June tically nullifying Jsnusry A March April May $ February , June 20,524.900 18,894,404 24,940,261 25,908,988 45,014,242 12.2S4.927 AAAAAAAAAAAAAAAAAA Political Splinters Try to remember your duty "as a citizen and get registered August 29th. That's the next chance and this it presidential year. Balt Lake barbers have got it too. They endorsed the injunction plank of the Denver Democratic convention. It was not a close shave either. s s . Down In Utah county they ere talking about Frank B. Stephens of Salt Lake City, for Congressman. Frank knew Bryan back In Nebraska. That should have some weight. Announcement Is made that Senator Reed Smoot win return to Utah from his European trip September 1. A number of hls lieutenants think that Is none too soon. The fences are down In spots. the Court of A Appeals should certify In accordance A with the statute this question to the A Supreme court for lta decision; that no A court short of the Supreme court A should undertake practically to wipe the Interstate Commerce Act from the Decrease. A A A A A A A A A A A A The government Insists that before A laying down thia harsh rule and pracA the law 48.515.482 1907. $172,282,008 160,150,610 187,435,250 190.046,15$ 198,146.371 158,800,434 A of the engates. practically tire state convention. Those 57 delegatee will have something to say in the state convention If they are the right sort. one-tent- h 202,-22- 2, A A A sees will soon be time for the Republican organization of Weber county to take action looking toward the selection of delegates to the state conven-io- n. The county is entitled to 57 dele- s Unci Jesse Knight tells the Salt Lake Telegram that he la not n candidate for the Democratic nomination fer governor, and that he will have That nothing to do with polltlca should settle It to that extent. Harry J. Robinson, the latest candidate discovered for the Republican nomination for attorney-genera- l. Is Just home from a two weeks' vacation In Colorado. Naturally he Is from Salt Lake county. And atlU he Is not n bad sort. s James Devine of Salt Lake City. Is being boosted by loyal party friends BOOST FOR CACHE COUNTY, for the position of United States mie shml to succeed William Spry. Mr. E cltisens of Cache WIDE-AWAKDevine, "Jim" ns he Is known In poli liave entered upon a campaign for tlie establishment at Trenton of a factory for the manufacture of cereal foods. It Is a good move, ohe that would benefit the whole state, oneVorthy the support of the whole state. ( It is pointed out that from twenty to thirty carloads of dry land wheat Is annually shipped from Trenton to Bat tie Creek, Michigan, to be converted Into cereal foods. Because of its peculiar qualities this dry land wheat Is especially valuable for this purpose and from I to 15 cents per bushel la paid for this wheat in excess of the market price for wheat In general. This wheat ia shipped from Utah to Michigan and the cereal food Is shipThe manufacturer pays ped back. the freight both ways and yet makes such a handsome profit that the bust new is Increasing rapidly. By the establishment of a cereal factory in Utah this freight to and fro could be eliminated and the profits of the business Increased t0 this extent. The demand for cereal foods Is Increasing And ao It goes. Voters are sitting back with open minds and critical eyes. They refuse to rally even at the crack of the whip, and as a result the politicians are In despair. It Is tough on ttie bosses, but ths country can stand It nicely. it was overcome, however and circumstances ur ;t, that the evidence as im d sufficient to show actual fc. what in law was its That the lnterpretaiii.u by his court, imposing r. shipper and penr.itiir. ignorance to be mode w lit. the negligence of th ' trary to the language of i ' to its purpose, and the efficiency of the aa. ,IVJ That the ruling stated !1; tr aa to the basis for -.- .j. ' number of offenses inw!.s ous conatruction of the V- fails to take into a day v... thing which is The government takes Issue with the act Is the transportuti ... '',rr'7 Circuit Court of Appeals ae to Its prop- at the unlawful rate. osition that a defendant cannot be Criticism f Trial Judas. fined more than the value of the That the crticism ir t;ir t :l; j.., property which he possesses and states for abuse of discretion that this rule Is an Innovation in wrong assumption of r.,: trt criminal law and if applies would de- judge actually did and .7 stroy the enforcement of nost stat- he attempted to try and utes. Standard Oil company uf cttThe government claims that the facts In fact, as. appears (llm before the Court of Appeals justify record, the entire proceeding Ww ,, the imposition of the penalty Inflicted rected against the defendant t,e sunj. Ly the trial judge. ard Oil company of Indiana Profits of Standard Oil. That the ruling stated in It appears from the record In the to the effect that a fine utheexopinioe Circuit Court of Appeals that the net when It exceeds ia amount the ability profit of the business of tbe Standard of the defendant to pay is an nnov Oil company of Indiana, the corpora- tion in criminal law and if gtia.r4llr tion that Judge Landis fined, for ths applied would tne prevent years during which the violations of enforcement of most criminal practical stating were the law for which it was convicted That, in short, the opinion os g committed and Including the year In stands erroneously states which It was Indicted amounted to $38, rtions of the record; does material poinjustic ts 582.208.80. the trial judge; leaves doubtful hi On this point the petition states: new trial the rule of law to be appikj, We respectfully call the attention both aa to knowledge on the part of th of the court to the statement of the shipper, and ns to the number of oStandard Oil company of Indiana on ffenses; appear to be In conttict wUk file In thia case, referred to by the the language of tbe Supreme court oat aa court In its opinion and treated with the previous language of the proper for consideration in determin- aiding Judge of tbU court, and with pi, tht ing whether or not the penalty wee great weight of legal authority; and. H excessive. permitted to remain unmodified, wig That statement shows, with refer- tend to encourage dsobedieiu-- to lav, ence (o the' assets and liabilities and to impede the enforcement of salutary profits of the Standard Oil company statutes and largely to defeat their of Indiana, the following: purpose. Standard Oil Co., (Indiana.) For the reasons stated we respecYear Gross Assets. tfully request that a reargument of this 1891 ., .$15,154,408.16 caae be granted. 1900 16,077,018.24 The petition la signed: Anglo-Saxo- whau-growln- ............ a FRIDAY, AUGUST, 21. 1901 statutes. The petition states before the government la required to try this case under the rigid rule of construction laid down by this court, lo it not manifestly fair and right in the interest of a final and definite construction of this Important statute, that Judgment be taken of the highest tribunal of the nation? The government contends that the Court of Appeals in its opinion,- has laid down an erroneous rule for determining the number of offenses. The government contends that each shipment is the basis of a distinct offence; and that in thia each carload was a separate shipment. The Circuit Court of Appeals has held that there la but one offense for each settlement for freight The government cites against this the opinion of Presiding Judge Gross-cu- p In the case of United State vs. Hanley, 71 Fed. Rep., 972, 676, in which that Judge laid down an exactly contrary rule to the one which he laid down in the Standard Oil case. Contrary to Prinelplea The government contends that the rule laid down by the Court of Appeals la contrary to the principles of the Elkina Act, and leaves It to the shipper and carrier to elect for how many offenses they will be prosecuted and how much they shall be fixed. The government contends In the petition that the Court of Appeals has done a great Injustice to trial under Judge Landis In misstating what ha did in connection with the Imposition of the fine on the Standard Oil company. The Circuit Court of Appeals In lta opinion charges that Judge Landis assumed to fine the Standard Oil company of New Jersey, and Imposed the large fine for the reason that he was satisfied that the Standard Oil company of New Jersey was not a virgin . d-- J:-."- . a- - lr - 1901 1902 1908 1904 1905 1901 jerfc-wh- en CHARLES J. BONAPARTE. Attorney General FRANK B. KELLOGG. Special Assistant to the Attorney-Ges-eraL EDWIN W. SIMS. United Slates Year 1899 1900 1901 1902 1908 Attorney. JAMES H. WILKERSON, Special Assistant United States ttorney. 1904 A- LAGOON ROUTE 1905 SALT LAKE A OGDEN RY. CO. Tim table in effect August 16, 1908. Trains arrim Trains Issvs at for Ogdon frm Lagoon Ogdon A Balt Lake, Lagaaa ;906 Year 1899 1900 1901 1902 1903 1904 1905 1901 and Salt Lais 9:80 am. 1:80 a.m 11:09 a.m. 2:00 p.m. 9:80 p.m. 9:80 p.m. 9:19 a.m. 9:55 a.aa. 12:25 pm- 6:M pm. 9:29 p.m. Punishment Net Tee Severe. 11:29 p.m. The punishment therefore la no more Throuh trains Good Service. severe than that ia Inflicted upon n Rout tickets through tbs Lagoon letter carrier who steals a letter and n la aent to the penitentiary for three Ogden Canyon are good only with are and Auto they Oo, years, hereby depriving him of his over all others. earnng capacity for that time. It ia preference here BAMBERGER, SIMON not nearly no severe ns the minimum PresL A Gtnl Mgr five In of the penitenpenalty years tiary Imposed upon a banker who misapplies the funde of hie bank. The government claims that on account of the else of the fine alone, there F-- X. la no necessity for a retrial of the case; Piano Manufacturers' reprethat the Circuit Court of Appeals may, ltaelf, name the fine; which should be sentative, the enly etrietly Imposed and calls upon the court to do house in the State, ds net so in case It adheres to the view that cell etenoil pianos. We carry ths Judge Landis abused hls discretion In largest atoek and best assortImposing so large a fine. ment ef pianee and player pianos The Government's Conclusion. The petition concludes: in Ogdon, and all aell on bottsr It la therefore respectfully submitterms and lower prices. W dc ted: not misrepresent our good Call and That the opinion bf this court ia er eur competitor. the see. based upon a misconception from of the Buy faeturer and eave the re dd record with reference to the rulings a of the trial judge aa to the admission profit. Wo guarsntot on any of evidence tending to show want of saving of at leaat $100.00 loading knowledge, and with reference to hia piano. The world's makes represented. offender. construction of the statute on that subThe government shows In Its petition ject, and the theory on which ths ALL THE LATE SHEET MUSIC that Judge Landis never referred to cose was tried; that the evidence of 221S Washington Avenue the Standard Oil company of New Jer- Bogardua which It ia claimed showed sey In this connection and that the want of knowledge was admitted, that Of-de- ALLEN one-pri- BIG UNLOADING SALE RICHARDSON- & GRANT - (The Crockery People) To make room lor our immense stock of new fall importations which Is arriving early, we are compelled to unload our entire stock of FANCY CHINA at COST and in some cases at LESS THAN COST. This is an opportunity you should not miss to brighten up your china closet. Everything marked in plain figures. SALE BEGINS SATURDAY MORNING . |