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Show STANDARD O1L HELD ON EIGHT COUNTS | © , SALT LAKE CITY, UTAH, FRIDAY, JANUARY + |+ WE HAVE A BASKETFUL OF THEY ALL TELL THE SAME + |+ +> | + |+ |+ |* |}* + }* ;}* |}* + + i+ i+ THESE STORY orrwe or Wrnriam - LID, ATTORNEY AND S. O NOTANY Marks LIOR! COUNSELON-AToLAW Toortr Urae ANTI Inter Measure Was Repealed Not Release nif Salt It Did Chicago, Jan. separate the Penalty. 3=Only | two demurrers Oj! company, made alleging of the and on the overruled trial. dicted on Elkins of elght oil trust oil Company ine counts the by the will P of to and eI wish the defendant transportation of railway its to law. have The property by been of rates law known of defendant's as the Landis. contention that. an the in- arrangement connecting lines for the of property beyond its with eur own ios nes, such pointe, the carrier "mus ‘ sent fore, be held as to the Shipping public to have facilities for the transportation of property to such points beyond its own line and that the requirement of the law applied to such a case with the same force that it applied to a point on the carriers' own line Law Binding The court ruled on Consignees, against the defend- ant's contention that the provision of the interstate commerce law requiring carriers to publish' terminal was not operative upon con- signees holding that in respect to such terminal charges, inasmuch as the con signor would have but little if any interest in the question, the law plainly was intended to be binding on consignees, The terminal charges In question consisted of large amounts of storage charges that had accrued on petroleum consigned to the Standard Oll colMpany at Chicago and which the indictment charges the Lake Shore and Michigan Southern Railroad company cancelled and petenped to the Standard Oil company a rebate in respect of ne eRe GEeNiO Ti of the : petrol um. : "It Fs antes kal in fi ape of the United States,"' said the court, ‘‘that the act of June 29, 1906, did not go into effect until after these indictments were returned, postponement adoption of It was the urged éffected joint that by resolution the the by congress, approved June 30, 1906, That resolution. provides that the rate law ‘shall take effect and be in force 60 days after its approval. by the Presi- of-the United States. Needed President's Approval, OF ‘course, the purpose of this resolution was obvious. ‘But it was city ineffective vee approved -by President, This occurred on June And, by its oe terms, the act effective on its approval by the President one day before. «Plainly, therefre, on June 30, the resolution was powerless to postpone that which had already occurred on June 29. While possibly on June 30, the resolution might operate to suspen the act for a perlod of time, (and as o this I express no opinion), the questions presented by the demurrers these indictments are to be determined as if a postponement or susPrpmen of the act had not been attempted." hee observing that the Elkins law was repealed by the rate law, and, that unless there was‘a statute keeping alive for future prosecution offenses which had boen conupiptes _against the Elkins law prior to repeal, the court quoted section 12 of the revised statutes of the United States enacted Did Not "The not have repeal the In 1871, Release Penalty. of effect any to statute release attacked here ternpt by to curtail congresses to shall ex- as an unwarranted no in advance, Am pleased with the it all the success : by limiting given to In advance thelr congress has the enactments. authority to draw in the boundaries of the legislative domatin to the er congress. ape But tee Dec._ safe sist, and that I am notwithstanding tne Tribune's soon paper, and with the it pursues, it deserves become the "great as'I see policy it,"and if suen perfectly ‘One tirade be 7 Cheyenne, Wyo., kins, a merchant: the Paper." es killed fig C._ e121 EXCITED OVER THREAT© 0r0-yw effect me to other beyond 3 enactments, seems| !reman in their employ. The compa-| terests of of any oth- this is not Sone apbetgsytio n of a ne rule to be obrved by the courtsin the construction of statutes ieneaeion to be enacted. It seems to me that such new these I question, Will. of + and last street, night Jan of a }.-G. No. New in York Has- 212. citv. rear-end West w is collision ~ ATTORNEY NEWTON IN MORE TROUBLE j;nies have insisted, in pursuance of well- | Service you are, but also that }established practice, that the manage-/| not lose sight of the fact that the }ment of these companie will consider | ral public has rights which must and rule only upon real grievances, and | respected, and these rights will be "It is the duty of the court to en-| that they are not called upon to Geter: turbed by any radical action force the will of congress as expressed | mine hypoth, tical and imaginary cases | te aken whic h will result in a in the written enactment. In the}or give a ruling save upon the presof the pleasant ob cordial "relation between ascertainment of that. will. I am not | entation of a real live grievance which have so ng existed these companies and their employs at liberty to ignore the ultimate ob- | Recent Circular, | ject of the law. sities Urges Wise Counsels, Before the strike was called on the} = Seen shiment of railroad | lines above named, the management ot} "This circula letter is addressed ates reasonable in amount. The the Atlantic system issued clreular | all engineers aed firemen that formde law had failed to accomplish to all locomotive eng ‘ese and firemen | employe may be put in possession of ;: this and was, therefore, strengthened. | jn the employ of these companies, dated| the facts and be accurately Instead of being wiped off the books Dee. 10, 1906, ¢ alling attention to the| of thez ittitude ) of these companies as having served its ppapose, additional| facts on circumstances that had given hope and believe that wise and severe liabilities were created, and| vise to the differences, = among other| Will ultimately prevail and that more drastic remedies and penalties | Bet zs in that circular stated: er body of the employes will a; Enforce to Rnow at Brule, Neb., between ny passenger trains No > (the Ov limited), ar d No \ \ngele (the Le | limited), on the Union Pacific: rallroad. Mr. Haskins was om his weddi | (rip His wife was unhurt. Train No, 2 had stopped wt th 1 tion for order ust after. the. flag-) man was called in o 8 rounded the eurve, and the cesilision could not be} prevented No. 8S was running at the rate of 15 miles an hour, when. it struck the train ahead. The locormglive and nine ea were derailed | About twenty passenget were injured, } none of them seriously The injured } Were cared for on the train | " rule is no more an arement of the] | must, : therefore, follow that the | legislative power of succeeding con- | OFFI TALS men were, as stated by Mr. Mannahar gresses than was the pei IAtiEtS ex- | | entirely satis rg ad, their : : he isting common law rule an impairme nt| a t spr ing, that the sncisne d with ins of the power ¢ preceding con- || gresses. That congress had the con- j stitutional power to change is plain. | ay ne pre crated to you, That any succeeding congress may urge with all the earnestne abrogate the new rule and restore | command (as we have (Continued from Page One.) old rule is equally plain. That cath! sought to urge in conferences with such old rule is restored, cach succeed- | --- -_-----. | committees of each and poth of the ganizations mentioned) that you ing congress intends that the courts|@ny unadjusted eae ince between any shall be guided by the new rule in giv-| Of the companies and any engineer or} Sider not only your to W ant and truly, eee * ing Passenger Is Killed Several Are Injured. | Porty-fifth ‘ Inter Mountain You + + + + + + + +4 + + + > + + + + MEET IN SNOWSTORM 1907. investment, Yours*very S. MAIN, IN CURIO SHOP. -----_--- Makes Threats to Kill A Specia | Word to Hou: When for Him. Attorney W fags released Wednesday charged Olson, with is Se on grand again the coal getting ih in | better way UTAH inal Hhae dings FUEL C9., Doo! Lon, who wa $500 bond lareeny in notice and Deputy Sheriffs Look Congress. you by troublk Pet He. | is charged with threatening to kill Bb. GB Johnson a newspaper with disturbing the peace. The plaints are sworn to by Deputy iffs Axel Steele and L. J. L threats and subsequent complaints authorized. For the offense with which | Pate rumored (we sin-) with us in our posittch that bethis the defendant stands charged, the preconte trust without proper found: ation) } ove ae is one which should grew out of a charge made by Peter who says that on the mornceding Elkins law prescribed crisis | that the firemen on these lines will| bly adjusted between the contending Olson, shortly be called upon to de wide by orders, and that they, sgense or Justh * 27 he was robbed of ed. by only by fine. The view entertain-| {heir # individual ae the quéatian and right will prev empl »ves a check for $300 in the Union bar on e ¥. the present congress eed whether or not the pleasant and frieusaeto| from taking any. ac ton which wilein A aa a \ East First. South StrePopatiescharged cg. AL Cis lgiente ene enyp Teagan iff re Poe PRE ae 4 esc nS oY Newtor, S) oe cratic warfe provision authorizing the additional many years ‘between them a and "these which the a Ly Sue ants ‘fron tar: negro woman named gs~sadne Doe ee nfidentiy rely u wat so r ni- | cOmpanies will be strained and possibly |} grand larceny. pene af pa enone op ean ee »roken, in the even he management | sense of justice, upon. your loy: Newton went to the office of Justice y swell hold: that: this same aston deliber- | 0 these companies shall decline to de- yourselves and your families, as to these companies, upon your -| Dana T. Smith in the Commercial bank > fe a eo : %3 rmine t yitroversy above ately intended to pardon all unindiected | tioned t°™™ ra in accordance Pinched with thea AeMande spect for the rights of each other building yesterday afternoon and de- |} prior offenders, whose conduct it was, €} manded of the justice that he be given| ef the Brotherhood of Locomotive Fire| men. We feel that it Is our duty as;that you more than all other causes combined,| an immediate hearing County Attor-| that moved congress to enact the rigid | well as our privilege in anticipation of | being | and far-reaching measure of June "ithe possibility of such a vote "My opinion is that, whereas at co taken, to call to your attention cer-| . tain facts and conditions which we ask | mon law, the » repeal of a penal pe ae u : " "~ . y consider cz y fon-| extinguished all penalties for offenses | YOU to consider ca mly and dispasston- | ; : s a a ‘ ; , and earnestly and dis -passionate ly and form a delib- | ney Parley P. Christensen was com- | ‘ . : S | erate judgment, and find a solution involving | municated with,and in a few minutes controversy without he appeared When asked If he was yourselves or th ae nia comps anies in can cot ready to proceed with the trial he said | Lae unseemly Gisastebua to . all that an effort was being made to lo-| eee tha against its provisions in the absence urge that you act upon your independ| cerr " eate another defendant and that he | of an express.saving clause, . under] ent and deliberate judgment. before tak| must ask that the trial be postponed| Using Every Effort, section 13, the repeal of a penal statute | jp step which may ultimately re-| mye for a few days Newton flew into an} management of these extinguishes no such penalties in the} sult in' no benefit either tn: yourselves | 4 ut ungovernable rage ane opt ned a ver| panies have put forth, and are putting | absence of any express extinguishing | or your families dependent upon you bal atlack on the inty attorney Cor , Pn io : forth, every effort within their eaiiEt power recognized fact that| clause, which the rate law does not ‘It is Judge Smith calle d the offending Newcontain; that the so-called saving} the condition. of the firemen on these| to bring about an amicable actions and he | clause in section 19 was inserted for ed os ' ae tter oe on any other road, ment without becoming directly apologized to the court Many of dur | volved in a controversy in which they souisiana exas the sole purpose of differently , prescribengines are ofl anburners, where the work| are not. directly concerned; When Christensen left the office and | | but if ng the rule of Pr procedure that should jas Hght, Nie aera jappreached the elevator Newton fol-| . i . and since the og agreement of | time should come when they£ are him in violent} control the prosecution of causes then] j993 was entered into, you have (save| ed to become parties to this contro-| lowed, and abused pending in various.stages in-the courts,| on a few. branch lines) shorter. hours| © ; terms. Sergeant John | versy, then they will, with due regard thus avoiding the confusion and con-| and better average are enhours than Newton away In a few minutes he e their obligations to their employes, | troversy, which, as experience has} joyed by the firemen on other railroads | and accosted a Republican} ndeavor to proteet their own inter- freturned shown, must otherwise have resulted." in the states mentioned. | reporter, used a little mor cots and dise harge The court overruled the demurrer to profanity and added a few dire threat Policy of Promotion, OO re to the public." eight of the indictments and sus|In the meantime Deputy Sheriff L. J vill thus be seen from the "It has, as you know, been the fixed stained it as to two on technical Larsen and several other persons visit-| * policy of these companies for ye ars| going that no real difference exists bethe offices of the county attorney | past to premote its competent men, and) tween any of the companies Brauens refe rred }ed and informed ee De Newton aon the officers of these companies eb to any; engineer or fireman ea : . and mani fi threatened to kill B, ohnsen complaint was drawn up e¢an ire ging ‘a | ie engin: the between attorney with a threat to mur-| o a, differencef ‘emen's ¢ eee to} | | irate candanda desire ! employes their ward and the > flren E pron ot | organization interests their 1dvanee | der Warrants were placed in the zation, and it is submitted that é j}hands of Deputies Steele and Larsen January | Chicago and return St. Louis and St. Paul, NUS inneaplis Se ositionof "extreme: friendlinesstor | Dloyed by them. The whole question c z Railroads of East a Formulate . Plan Which Will Mean j Certain Improvement. j > z nt< Baltimore, Md., Jan. 3.-Important Steps have been taken by the railroads] in an endeavor shortage. An to alleviate agreement the was car| ‘ #1 consider ation of the |for service. They spent several Final limit SaNGg } hour "Last spring the preside the| strate that the calling of the flast night looking for Newton aM published thre: Brotherhood of Locomotive Fire men, | now on, and the John J. Hannahan, upon a social visit | to extend that strike, has absclutely | warrants were drawn by Justice F Bishop a to the officers of these companies In| no basis in fairness or justice, and is a me | Houston, made the direct and positives | based upon but the flimsiest shadow | "J statement that the firemen on these | of a fancied grievance. Standard Meat Market has removed | lines were all pn we their con-,| Ww home, 41 wir Third to their new dis Bancroft, ditions: there was ab utely no Both ‘phones Since thig | Vice President and General Manager South street. satisfaction In their ranks Oregon Short Line Railroad comtime there have been no changes i made in‘ these conditions, save ber of cases the wages of bave been materially the 3 : num: | tiremen | increased. It} pany. te Who is Little Housemaid? | Popwiar | Music Co. music 2 for 25c. March 2 Thr ough Pullman ¢ and To Omaha, Chicago and Loui is Without Change o | fan sley tise | signed vere today between the Baltimore & Yhio and several other roads. ineluding the Pennsylvania, Evie and Harriman lites whereby they will pay each other ‘Sopfor every cav wrongfully diverted. Tho agreement Is to terminate July 1, 1907 unless extended. The principle is thus explained: Uns User the Baltimore & lic, for exmple, delivers a car to the Norfolk & Wester n, That road would be obliged - return the car to the Baltimore & Ohio within four days under penalty. Should the Norfolk & Western turn the Baltimore & Ohio.car over to the Southern, and that road should delay to return it, the Norfolk & Western would be compelled to pay the Baltimore & Ohfo 35. The aivenaian agreement was formulated by the car hire committee of the American Railway association. Application for Water. The Union Canal & Irrigation company yesferday filed with the state engineer an application for 42 second-feet of the water of the Green river, to be verled near Green River, Utah, for the purpose of irri- gating a Uintah carried reservation, ‘The in a canal 10,000 at- the congress that enacted it the authority of succeeding be Now, under the constitution, each congress is the equal, in point of power, of any predecessor or successor, Therefore this to and Our Great Cleatance is in Full Blast. all the time. + + + large tract of land in water feet. ile tHe eee eeeae WILL SUPPLANT PAPER + TRUST. + + Madison, Wis, Jan. 3.-A~ + ae + + * corporated today. It js bei d to be @ Combination of manufacturers, + take the place of the + ceclared by the a sateral + to be unlawfu trust, courts +> + ++etee+ee+eeseeese the be Everybody pleased HERE'S m-_---?>----____. or tingui sh any penalty, for forfeiture or Nability incurred under such statute, unless the repealing act shall so expressly provide, and such statute shall be treated as still remaining in force for the purpose of sustaining any proper action or prosecution for enforcement of such a penalty, # law," said the court, "has been effect a good intention. case, it will dent became 1s rate 23 shonig i therenpou, publish rates for the, ay. ‘enna, Bakery BiGThad: "pho Mowe aly we roe. iw the 30. iountain it returned dictments were bad because the interState commerce law not require railway companies to publish rates between points beyond the carriers' own line of roa, holding that if a carrier, made Do + a LIMITED TRAINS for approved were Judge settlement are ing that ‘carriers and shippers were both required to adhere to the published rate until such rate was pubaa changed in the manner provided b The court further ruled against the charges Intes full prior The court ruled against the defendant's contention that the Elkins Jaw Was enacted really to prohibit the employment of indirect methods to obtain preferential rates it being the defendant's contention that ft w as not a violation of the law {fa railway company dealing directly oe a shipper, gave pele ippera cut ra urt also ruled ag raise the deatae te claim that the provision of the Elkins law required shippers to o here to a published rate was void being against the provision of the interstate commerce law having be that les 1906." Ruling in ; "ey pub-| committed the $6.00 va- offenses indictments 27, at The to the enactment June 29, 1906, <\ugust. I enclose eornmLt the in the carriers' schedules; alleged .abtained companies than those named lished offer, t approved February 19, 1903, the Elkins,law : . The charge that rious to in sending olzt | held "These productions," said the court, "are for illegal violations of section 4 of the act known as een NE- Speak alamich iepan te tadadaat your recent " to your the on was as in-| violating laws, company safe which have was per I feel answer, - is LIEE. - Mayoersville, i a o Because the Reieehe de worked badly and caused a delay of three minutes in the transmission of a mess ge, Wm. Har-:> vey,.a negro, was hanged here today after the death sentence had been commuted to life imprisonment Governor Vardaman, who issued the commu-. tation, was greatly incensed at the tardiness of the telephone company and has instituted an investigation Harvey victed of the murder of Peter Brom« ), 2 negro, last March. + Utah. ‘ As subscription techni-|} demurrers the The anti-trust these COSTS GROSS A and FEW There's something buyer every CUT walking a. saving PRICES: $14.00 $18.00 $20.00 $25.00 540.00 Suits and Ovércoats $7.75 Suits and Overcoats $9.75 Suits and Overcoats S75 Suits and Overcoats $13.75 Suits and Overcoats $16.75 + day, he Lake, 5 cal defects, were ‘granted by Judge Landis in the United.States court to- stand DELAY 4, 1907. Pena This is the way it goes and will continue to go until this Great Sale ends " ten Standard 1906. Gent lemen:= | > Slat, Republican, te FHFH+eHtttte+ Fi Mountain 3 + as United States Court Hold' That When ' Ppontvic. Av © ' TRUST LA gis Tricreome - Dec. VIOLATED SHORY + -- Federal Judge Landis Finds)| Only Two Indictments to Be Faultily Drawn. Srp Hs THE INTER-MOUNTAIN ‘REPUBLICAN me ces 2 BARTON & CO. 45-4C MAINS CLOTHIERS TO MEN and BOYS |