St. Louis Post-Dispatch
May 2, 1899

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Fa WORE TM OT ns a) pe SA Se ee ee 6, alge ay’ 7 : “Te * =, J Our Military Establishment for Five * _ IN ST. LOUIS. N MISSOURI, > «£ LOLOL SE 2 *@ ‘ Greatest ce : 27120 trom. WANT ADS. EST OF THE MISSISSIPPI. ro. a 4 i i “4 enn ay 7 2 i t oe . 2 eek mi ¥ * ¢€ ¥ ie » 4 ‘% o 4; a ‘ Ss . © ; + * . Ko +> a . e 7 gh on ae * be “ : * > ¥ ied . _ bad . * > ? a ; . ¢ ye. . e ~ > * ’ » i a 4 : » : 4 ‘sé > . SWORN AVERAGE TEN PAGES. CIRCULATION FOR THE ENTIRE YEAR OF 1898—SU NDAY, 107,200; DAILY, 93,537. i A bd 4 “ bes : er ars | °* © ©& @& @& ©@ ©¢ @& @ & @naee _ ~ ‘FUESDAY EVENING—ST. LOUIS—MAY 2, 1899 PRICE j a b aide st Bee. 4 Spee c ents ee Eee i ~ en 109,809 wverace Sunday Circulation, Greatest IN ST. LOUIS. IN MISSOURI. WEST OF THE MISSISSIPPL er ee I KM A PZ Pd aR» dP» et ee eee VOL. 50. NO. 259. CABINET THLKS. ABOUT TREASON The Acts of Edward Atkin- son Denounced. TO IMPRISONMENT. ‘ BUT THE GOVERNMENT MAY NOT ARREST HIM NOW. $ Sirculars Mailed to Soldiers at Man- ila Advising Them Not to Re- enlist Were Stopped at San Francisco by Officials. LIABLE WASHINGTON, May 2.—The absenteecs from to-day’s Cabinet meeting were Sec- retaries Gage, Long, Alger and Wilscn. One of the subjects of discussion was the circulars which were mailed to the troops at Manila cr‘ticising the Philippine policy of the Government and advising volunteers whose term of service ‘s about to expire not to-re-enlist. A member of the Cabi- net, in speaking of the matter, sald that Edward Atkinson of Boston, who is be- lieved to have been largely instrumental in the preparation and sending out of these e'rculars, was unquesilonably guilty of as- sisting an insurrection against the au- thority of the United States and was sub- ject to a term of -mprisonment or a heavy fine or both. The law, which, it is said has been violated, is section 5334 of the Revised Statutes, which is as follows: “Every person who incites, sets on font, assists or engages ‘n any rebellion or in- surrection against the - authority of che United States, or the laws thereof, or gives aid or comfort thereto, shal! by imprisonment not more than 10 yeas or by a fine of not more than $1000, or by both of such punishments; and, shal, moreover, be incapabie of ho'ding any of- fice under the United States.”’ What action, if any, will the matter has not been determ‘ned, but it is said that the Government is disp:sed | to regard the acts of Atkinson as those of a person without any proper concep- tion of the mitted and the Government may this time take action aga‘nst him and his assistants. The Postmaster-General stated at the Cabinet meeting that he had ordered the circulars stopped at San Francisco. Members of the Administration regarded be punished | THERE ARE OTHERS! MAY GET HERE MONDAY be taken in | ee ravity of the offense com- | not at} Atkinson’s alleged action as seditious and | disgraceful and it is not improbable thar, if repeated, prompt and energetic action will be taken. . THE WAR. COST $300,000,000. Years Preceding 1898 Cost About . $50,000,000 Annually. Special to the Post-Dispatch. WASHINGTON, May 2.—The war with Spain cost us more thin $300,000.00. Exact figures are not yet obtainable and may never be, because of the difficulty in segregating from civil expenditures just what should be charged to war. For in- stance, extra clerks were employed in the Treasury *Department and in the Internal Revenue Bureau as a result of the issue of an | But wait till war bonds. The Treasury statement for 10 months shows War Department expenditures of | $210 785,686.47, and Navy Department $55.822,- | 894.01, a total since June 30, 1898, of $266,- | 608.430. 48. The expenditures for April, May and June | of 1898 were about $4).000,000 above the aver- age, : ee 2 the total for the year ending | April 80, 1899. above $300,000,000. et to be added what was expended in mak- ng preparations. e civil miscellaneous expenditures for eee, past 10 months were a little over $100,- 000, part of which was necessitated by the war. . The average annual expense of the mili- tary establishment for the five years before the War was about $50,000,000 a year. LILACS FOR THE NEWSBOYS Mrs. Jane Murray’s Generous Donation to the Hustling Lads of the . Post-Dispatch. Mrs. Jane Murray at Broadway and Ei- wood avenue has a warm spot in her heart for the newsboys!of the Post-Dispatch. Through her generosity each of the bright youngsters wore a bunch of lilacs Tuesday afternoon. Mrs. Murray has anelaborate garden in North St. Louis, Her favorite flower is the lilac, which ehe | has been assidiousiy cultivating for some time. The cesire to make the little bread- winners of the Post-Dispatch happy prompted her to cail at the circulation de- partment Thursday morning. A few. mo- Mente later an express wagon arrived, It was loaded with baskets of ilaba. Mrs. 'Murray modestly announced to the Superintendent of circulation that “‘she had sOmetHing for the boys.” A feW minutes later the coat lapels were Yerapeate? with the sweet-smelling flowers. ady's all] the mustard,” remarked ne of the hustlers. “You bet she is,’ rejoined another and with at the latis gave three cheers for 8. Murray and the Post-Dispatch, IMPERVIOUS TO LIGHTNING. It Runs in the Vincent Family to Re- ceive Terrific Strokes Without Harm. Even lighthing follows the laws of hered- ity. Monday the Post-Dispatch told of a bolt that struck a building in, Bast 8t. Louis and tore the clothes off young Jesse Vincent, but without injuring him. Young Vincent is a nephew of A. Frank Vincent, 72 Gay Bu'llding, who several years ago had an almost similar experience. _. I was ir a hotel in a small town in Northeast Missouri.” said he, “writing by the light of an old-fashioned glass oil lamp. lightning struck the hotel,tore a hole in the roof. ran down the side of the room, ripped te olicloth under my feet and shattered the lamp into a thousand pieces, throwing oll over everything thereabouts. The only ate feo matin ; were some very slight n > e clothing.” ying glass and some oil-soa A CHANGE IN THE M. AND 0. Successor to General Manager Carroil, : ‘However, Is Not Yet Chosen. _ MOBILE, Ala.. May 2.—Richard Carroll, _ firet vice-president and general manager of Mobile & Ohio Railroad, has resigned. s given the cause, President EK. well Baya not been de- h-as to Mr. Carr gricreesor, | But walt There is |. | CRUISER NASHVILLE COMING D1i- RECT FROM MEMPHIS. NO OTHER STOP COMING UP. Mr. Frank Gaiennie Reports the St. Louis Programme Entirely Ap- proved by Capt. Maynard. ‘When the Nashville Comes: ‘I’m the biggest thing on the river to-day,’’ says the goTtgeous pastet.ger “boat; “I'm gold and white and my, light shines bright,’’ _ aud she gurgles down in her throat; ‘*Woo-0-0! Woo! Woo!"’ and her siren sings, d she’s as proud as a bird— the Nashville comes up stream, and her voice won't even, be heard. ‘Bang And my bite is’ worse 'n my bark! Bang! ’ Now I'm only out on a lark; But J] did my share, And my glory ; So little for river craft do I care; Get out o’ my way, you atk!’’ “IT ain't very pretty to look upon,”’ and the freighter sighs with a wheeze; ‘But I do me work and I ain't no shirk, except- in’ the rivers freeze; **Oo-00-m-m!"’ goes his rough, hoarse blast, as he wallows deep to the waist— till the Nashville- comes up and you'll see that freighter haste. “*‘Room! Boom! streain And my bite is worse 'n my bark! Now I'm only out on a lark; But I did my ehare, And my glory I wear, So Iittle for river craft do I care: Get out o' my way, you ark!’’ The ferry-boats and the sputtering tugs they go on their troublesome ways, ‘ But they're also to have a wakening up that'll startle them one o' these days! A “yip-rip-rip!’’ and a ‘‘woof-woof-woof’"’ won't stand in the way at all; Just wait till the Nashville comes up stream and hear those little crafts squall. ‘Bit! Biff! And my bite is worse 'n my bark! Now I'm only out on a lark: But I did my _ share, And my glory I wear, So little for river craft do I care; Get out o' my way. you ark!’’ —WILLIAM HAMILTON CLINE. Mr. Frank Galiennie, representing the Committee of Enteriainment appointed by St. Louls tc leok after the comfort of offi- cers and men of the gunbcat Nashville, was seen at Memphis Tuesday morning by the correspondent of the Post-Dispatch. Mr. Gaiennie said: ‘I am almost certain from what I heard this morning while oa the gunboat that she will go directly to St. Louis frem here, and will stop at interme-} diate points on her way down. 9 This is due to the stage of the river. The Nash- ville travels only in the cay time and she ahould reach St. Louis in five days. but Lieut. [Xliingham will telegraph me at St. Louls as to the exact time of her arrival. “All of the arrangements made before I left St. I.ouls have beon accepted by the officers of the boat. Mrs. Dillingham, wife of JAeut. Dillingham, will gc to St. Louis by rail and will reach there to-morrow.”’ SHACKELFORD HAS FRIENDS Earnest Efforts Being Made at Jeffer- son City for Commutation of Sentence. Special to the Post-Dispatch. JEFFERSON CITY, Mo., May 2.—Senator Rollins this morning presented to the Gov- ernor a petition signed by the 12 jurors in ‘the Shackelford case requesting that his sentence be commuted. The Senator stated that he had learned that the jury, when it brought in a verdict of guilty, accompanied it .with a written statement to the Judge to the eeffct that his Instructions bound them to a verdict of guilty, but that they did not desire that Shackelford be hanged, severe they would have found a less se- vere verdict. Senator Rollins states that this was lost. of its existence. Senator from Louisiana and a lare ber of citigens of that State. and that if the instructions had been less paper but he has sufficient evidence A petition was also presented in Shack- elford’s behalf signed by a United States num - Mra, rt- son, Shackelford’s sister, is here, and has ambealen to the Governor in his behalf, ; FALL IN MILLINER ————— WOMEN SIT BONNETLESS IN KANSAS CITY CHURCH. DIPLOMATIC PASTOR HUGHES. With a Few Sentences Neatly Turied He Induced the Women of His Flock to Doff ‘Their Hats. Special to the Post-Dispatch. : KANSAS CITY, Ma, May 2—Dr. Mat- thew 8S. Hughes solved ‘the a aioe § prob- lem in his’ church Sundaynight with dex- terity that astonished the male part of his congregation, and did ‘not offend a single female member. of his church. : Dr, Hughes is pastor of the Independence Avenue Methodist Church, and there are as many pretty hats seen there of a Sun- Cay as can be found tin any religious gather- ing in the town. e question of taking off hats has been discussed by the women of the Indefiend- ence Avenue Church for several Weeks: Several of the church societies const the step and approved it. The Women’s k‘oreigm Missionary. Society and the Ladies’ Aid Society both passed on the question. They decided that the hats should come off. But ..how start. it? That wWas the trouble. If all the women. would take off their hats together, all right. But a few were unwilling to take the lead and be tne only ones. . Dr. Hughes solved the vexing problem Sunday night; just before he began his ser- mon. “Of course,’’ he said, with an air of in- difference, “‘it would do’ no good for me to request’ you to take your hats off.”’ At this, 50 or more women seated near the pulpit- began unpinning their hats. The rest made ho move, and Dr. Hughes con- tinued, slowly: og: “For it would not do, perhaps, for some a off their hats. They might take cold.’’ um Still only the original 60 sat bareheaded. a Hughes looked a trifle dubious, but said: ° “It would not do for others, because they have fixed their hair in euch a way that it would not look pretty if the hat were removed.’’ A hundred additional. pairs of hands at once went to work. Dr. Hughes began smiling confidently and continued: ae “Others would fear to take off their hats lest the hair’might come with them.” fastened their hats, then, the rest not wish- ing to stand out, there wa®a general oneet upon Easter millinery. For a few minutes women's fingers were busy patting, curling that were fortunate enough to have pocket mirrors along. These few tiny reffectors did duty for the entire pews they were in. Then, with a sigh, everybody leaned back and listened. Without further remarks Dr. Hughes started upon his sermon. “It is terribly annoying,’ he said after- ward, ‘‘to the man tn the pulpit to watch the frantic efforts of. people in the congre- gation to keep him in eight. Whenever I take a step, every head fn the congregation sways to one side or the other in an effort | to look past an Baster hat. When I move from one side of the platform to the other a corresponding movement results among my wauayee and the effect is really discon- certing.”’ : TWO METEORS AT VINCENNES. Moving Train Was Struck and Flying Stones Narrowly Missed a Num- ber of Citizens. VINCENNES, Ind., May 2—Two me- teors fell here yesterday. One struck a siab af stone on a moving Baltimore & Ohio flat car just as the train had crossed the Wabash bridge. The meteor shattered it to atoms At the same moment another meteor struck a pile of brick and shat- tered it into countless fragments. Counctiman Charles O'Donnell and Alex- ander Runyon, a contractor, were sitting «four feet away from the spot, and the frag- ments scattered all about them. The fall- ing object was of a yellow or orange color = orneny. and snow white and flinty im- GOOD PROSPECTS FOR BERRIES Missouri Crop, However, Will Be Sev- eral Weeks Later Than Usual. JOPLIN, Mo., May 2.—Reports from the fruit district of Southwest Missouri indi. cate fine pros ts for a strawberry crop, but the rries will three or four weeks later than usual. A big crop of cherries and apples is promised, but the — of eee rata bn will ve Agi” while eR re near ithe late cold weather. : oe N THOUSAKL CIGARS STOLEN They Were Carried Away in a Wagon. GOODS VALUED AT OVER $700. FACTORY OF IRISH & HIRSCH- STEIN PLUNDERED. Locks of the Factory Doors Picked Af- ter Daylight, but There Is Yet No Clue to the Mystery. EE ) Another robbery of a downtown cigar factory occurred Tuesday. This is the fourth within half as many months and bids fair to be the same unsolvable mys- tery to the police the others were and are. These depredations have been especially bold, but the law's officers never found the has one found its way back to the estab- lishment of its manufacturer. The daring burglars are known to have used wagons in two instances and the sup- position is that they didin ajl, as in each case more goods were taken than could be read-ly carried away. The private watchman on the Pine street beat, between Broadway and Sixth street, asserts that he passed the cigar factory of Irish & Hirschstein, 514 Pine street. a 4:20) a. m. Tuesday and at that. time th front doors were secured. The first light of the coming day then Streaked the clouds in the east. When the watchman passed. again it was 4:50 o'clock. This time he found the doors |of 415 open and the interior of the store iin confusion. He sounded an alarm and soon after the police and the proprietors of the factory apneared. The doors had been double locked. a pad- lock on the outside and a spring lock in- side. A small fron rod and the marks on te Soot slowed eer he outer lock and clasp ha een forced, Th ‘ ma ne 0 e spring lock The peeves estimate that 8000 and 10.000 cigars were stolen. between at $600 or $800. The major portion of the stolen goods consisted of imported. cigars, A crate was onened to secure these. The rest were unstamped cigars of Irish & Hirschstein’s manufacture. The boxes bear the brand-name and that of the factory number, ‘514. First Pistrict of Missouri.” few cigarettes a the loose charge in there was $100 currency. Mr. Hirschetein is sure some vehicle must have h employed in the removal of the booty, for, he safd, no two men cou ad ca in their arms the numb of aleare that are m'ssing aihag ee peasy wagon in that vicinity betwee the robbery oabaniea” n the hours All Kinds of Weather Promised for St. Louis, but Nothing Alarm- ing in It. ' St. Louis will probably be visited by severe thunderstorms Tuesday night, with high winds and lower temperature. but nothing alarming in the way of a blow is on the weather map. A “low’’ is headed this way from Colorado and Kansas, with a high” back of it, and the combination is causing the row in upper atmospheric cir- With one accord 00 women hastily un- | and smoothing, and it was only one or two | cles. The wind,in the St. Louis obse , ec, § sérvef. s parlance, is termed a “gale: in Oklahoma or on the Kansas prairies it wouldn't be more than a respectable breeze, as It is onl scheduled to make 28 to. 20 miles an hour. The police have found no one who saw a’ THUNDERSTORMS AND COOLER trail, nor among the thousands of cigars | The wholesale va'ue of these they places the cash re r were. secured. No. attempt. was made RSD ber the fron safe, in which | n WHEN HIS. WIFE. SAW HIM: LAST, Mrs. Callaway ‘Talks of Her Lost Husband. HE KISSED HER. GOOD-BY. SHE HAD HELPED HIM DRESS IN A NEW SUIT. ' Frank Was Asleep When His Father Departed From the House on That Morning of . March 23. Mrs. Samuel Callaway made a_state- ment to the. Post-Dispatch Tuesday- morn- ing about the disappearance of her hus- band. This is the first time Mrs, Callaway has consented to- talk to-a newspaper i since the tragedy. She was noved to break. | ber determined reticence bpy.a desire 1° place at the disposal of the Post-Dispatch all the information in her possession that ‘might by any possibility be of service in | unraveling the tangle of mystery that 4n- ‘meshes her husband. | Mrs. Callaway also desired to refute the insinuations against her son. Frank con- ‘veyed in the publication of police theories ‘about the elder Callaway’s absence. Mrs. Callaway’s statement furnishes no strong clew, but it removes elements in the case that were heretofore considered important factors, without the consideration of which no theories were formed. The number of possible explanations for the man’s ab- sence is reduced somewhat and threads of a plausible clew are made visible. Mrs. Cailaway stated emphatically and with convincing earnestness that. she and her husband had never quarreled and that his going away was a greater mystery to her -than to any one. She also vehemently -de- ‘nounced the suspicions that have been di- ‘rected at her gon by certain police inquiries. She said Frank was as void of knowledge concerning his father’s whereabouts as the police themselves, and for the ability of the latter in obtaining information she has lit- tle regard. . Mre Callaway is living with a family on the South Side. She has moved from. the Flad avenue address, recently printed ia the Fost-Dispatch. At her request her present address will not be given. She de- sires to avoid the calls of private detectives who want to search for eS neers and - spared the annoyance that other would cause her after this publication in catia : : y aranes since her husband went away ragedy,. occurred si > . sihee his going. streaks:-o ay.there e strands Sia above the mark bx. pression of solitude and sorrow. dims the , motherly eyes: There is pathos in _voice-tones. She - didnot cry, but sionally the mention of her son’s peri! uring the mother’s recital brought moist- ure to _ eyelids and pauses in her speech o regain co ure. ‘ “I. wish the Post-Dispatch to state for me that the suspicions cast on Frank about his father’s absence are undless and base- ly conceived,” she said. “Frank committed the deed for which he is.in prison, but to heap more calumny on the boy is despicable. He knows nothing about my ‘husband's whereabouts. To tnsinuate, as some of the papers have, that he is ly any way respon- sible for his father’s strange absence, is .to virtually charge him. with making away with his’ father, when there is not the | slightest fact on which to base a vague sus- picion even. I seem to have no friends in my great trouble. I am alone. I do not appeal for sympathy. AJ] I ask is that justice be done my boy. It is wnjust to ac- cuse him.of harming his.father. If the public will simply hear the- truth about my husband’s going away there will be no further suspicion against Frank. “For one. thing’ there was never a quar- Cool, clear days are to be the outcome of | Tel between. my husband and myself about | the fuss Tuesday night. The weather map Tuesday mo 2 like a sketch of the solos mang ang with a Chinese war campaign thrown in. and it contained about as much variety as a chronic ‘continuous performance fiend could wish. Montana and Idaho are blank- eted under 2 to 2% feet of snow; it is thun- dering about San Antonic ard Albany, N Y.; Boston is wrapped in fog and sO is Du- ate te the ae uron and Old Mexico a. , | owin wottion emperature line, with St. snowstorms. MUST FIND SEATS FOR ALL Chicago City Council Means to Do Away With the Nuisance of Over- crowded Street Cars. CHICAGO, Ill., May 2.—Alderman Alling has introduced an ordinance aimed at over- crowded street cars. The measure prohibits the street car companies from allowing any person to stand on either platform or to sit upon side steps or footboards. It als provides that. not more than ten passengers may enter any oar after the seating capackty has been comfortably filled. For every violation of the ordinance tha offending company shall be fined at least $25 and not more than $100. THE WEATHER INDICATIONS. THUNDERSTORMS; COOLER. St. Louts—Probable thunderstorms Tuesday night or Wednesday; cooler. Missouri—Showers and possibly severe thunder- storms Tuesday night, followed Wednesday by generally fair and cooler; west gales. Iilinois — Threatening, with showers Tuesday night and extreme horth portion Wednesday; cooler Wednesday afternovn or night. Kansas — Fair Tuesday night and Wednesday; | preceded by tifunderstorms in extreme east Tues- ' day afternoon; high nortifwest. Sun and Moon. Sun rises at 5:01 a. mo. Sun sets at 6:52 a. m. Moon rises at 12:43 a. m. Hourly Temperatures. Governnient Thermometer, 67 much cooler; winds shifting to In Other Cities at 7 a. m. 6S Kansas City *eeeeereve 0) LAttle Rock Orieans .........90 raul " £ rs a Cincinnati .. Cleveland... Denver Gelveston .. indianapolis . 4n 70 900 gen a rooms. a bit of all of it—except the | Wednesday morning. southerly shifting to | Frank. Nor did we quarrel about any- thing. Frank and ‘his father were on the best of terms just prior to the disappear- ance. Mr. Callaway was gcing to en- gage in some business and give Frank a rtnership. Tiris was decided on after Frank gave up his medical studies on ac- count of his trouble with his wife. “Frank had been down home with ts at Vietoria for some time. Frank and I came in. advance - ic wind up some business affairs. Frank and I reached the city for roums on March 17. Two days later, Sunday, the 19th, we en- aged rooms at 2651 Pine street. Frank wrote his father on that day, telling him where to come, Mr. Callaway came out to where we were living on the following He told us he had arrivéd in .town the night before. but was afraid to start out to our house with so much meney on his person and had re- mained over night at the and Frank put in Wednesday investigating several business propositicns. ‘In the evening both: came home and re- mained there. Mr. Callaway counted his money and sorted out the bills in piles of various denominations. He aleo had $1 in gold. which he said reminded him of oid times at Fredericktown, when he used to keep all of his money in gold. Mr. Calla- way did not state the total amount, or at least I did not hear ift, for I paid little ttention to the counting of the money. be- busy with household duties. Frank told me after hfs father’s disappearance that the amount was . “Frank was seized with violent fits of cough during the night, which woke Mr. Callaway and myself. Mr. Callawa war very solicitous at@ut Frank’s healt and arose several times to to Frank's bedside. Next morning Mr. Way arose about 7 o'clock and kindied a fire in the I was for preparing breakfast for him. He said I hight héip him dress, but that Frank and I should go to sleep aqain. since Frank was not weil, and I had been up during the night with bim. He said he would get his sakfast downtown. He was anxious to go out and continue his search for some business to engage in. “He put on a new suit of clothes that was ‘in my trunk. I buttoned his collar for him and adjusted his necktie. He kissed me -by, saying he would be back during the day. Frank was in bed and asleep when his father went away. “Mir. Callaway never returned or commu- nicated with us after going away that He took the money with him. The bills were carried in a big black pocketbeok, large enough to contain a great pile of them lengthwise. I think the carried the gold pieces In a money belt.”’ The threads a clew in this story are that Callaway went about the city for at least one Gay ae about opportunitica to invest ut om. It s been aascer- tained by the Post-Dispatch that he tal business to several saloon keepers. He t into a saloon uented bad characters, and talked of buying the place. He an- nounced bis desire to pay cash In any trans.- action that he might make. People of ques- tionable character saw him with the and knew that he had a It is not a difficult matter for such as to kill a man and conceal the the crime « SS RE Se 2 ee eee ME Se rt ee ‘Se gS. ey eee ] z SS Re TRUSTS CANNOT HIDE BEHIND INCORPORATION. aaa ‘ A. Decision - by the Court of Appeals That Will Have a Far-Reaching Effect Upon Trade Combinations. —_ DEBTS DUE INCORPORATED TRUSTS DECLARED TO BE NON-COLLECTIBLE, = — Lead ~~ Enforcement of the Missouri Anti-Trust.Law of 1891 Ins sisted Upon in the Suit Pending for Two Years Be- tween the S. E. Grote Paint Store Co. and the National Lead Co., Formerly Known as the National Trust. ;. Ww ———— The St. Louis Court of Appeals has given the trusts a body blow. ]t has ruled that a trust cannot cloak its objects under the form of a corporation ar.d evade the pen- alties provided for violations of the antl- trust law of 1891. Under the decision, ac- counts with trusts operating as corporations are outlawed and not collectible, The decision was handed down Tuesday. It was written by Judge Henry W. Bond. ly in | Judges Biggs and Bland concurred. The suit in which the decision was given vshas been pending two years. It has been watched all over the country. The decision makes the way straight for the Attorney- PRESIDING JUDGE C. C, BLAND. _ General of Missouri. to proceed against cor- porations the object of which are those 0 a trust. It will probably result in many refusals to pay x ts to trusts which ope- te as corporations. “In 1897 the 8. E. Grote Paint Store Co, owm the National Lead Co. $1700 for white lead. The “corporation” had been eae to absorb the company. The company h stnyed out of the combination. Suit was brought to recover the $1700 and incidentally, it is claimed, to harass the company. The defense was that the National Lega Co. was a trust. formed to control prices, in violation of the provisions of the antl- trust law of 1891, one section of which reads: Any purchaser of any article or commodity from any individual, company or corporation, transacting business contrary to the preceding sections of thig act sball not be liable for the price or payment of such atticle or commodity and may plead this act as a defense to any suit for such price or payment. Tne case was tried before Judge Hirze! and a jury in the Circuit Court at ¢ layton. Nhe jury gave a verdict in favor of the Na- tional Lead Sn The S. EB. Grote Paint Store “o. a ; The deckthear handed down Tuesday re verses and remands the case for retrial. The evidence showed that the National ‘ TS, in order’toe secure suitable | so” orations as membe Callaway stopped at De Soto to. otel Benton. He: Lead Truet-was organized In 1887, with nine to control the busitiess of the country. It continued under the trust form of organization uncil 1891, at which time it had absorbed thirty -companies in the United States and Mex- ico, engaged in the paint and lead business, In 1891. following the enactrnent of legis- BS? — es morning, which was Thursday, March 2. | JUDGE HENRY W. BOND. lation adverse to trusts, it was reorganized in the form of a corporation, under the name of the National Leal Co. The attorneys for the National Lead Co contended, in the trial of the cas«, that tne 4cfense set poe... the attorneys of the Store Co. could not stand 8 a8 A treet. ey hOB 5 name of the ee Bond guid: question In (Bis c iff cor nization or business operations in has offended SS That “The crucial whether the Pes ‘was an unla, wtu! . wose and fact. is sufficiently pro- _-_, a4 the nature of the agreement under which | it was created and the methods and prac- tices resorted to in furtherance of that agreement. The Judge goes on to say that the record shows that the beneficial owners of stock in the National Lead Co, were the same - sors or companies which were subscribers to the National Lead Trust. The only difference was thet the helders of trust cer- tificates Teceived shares of stock in the corporation on an agreed. basis of exchan The sele was titular, not actual. He | clares the corporation was professedly or- ganized to acquire tre assets of the trust und its charter authorized it to acquire the stock of other firms fn the same line of biigi- ness. It, therefore, had every facility pos- sessed by the trust for engrossing the ene- tire bus of the country in the com- modities in which it dealt. The conclusion was reached decision that the corpo equally amendable with the the: provisions of the anti-trust law if it was e in similar business, unl there was something in the mere fact 0 ite corporate character which exempted it from the application of the law. Plaintiff's | counsel claimed such exemption, basing it on the prior claim that the acts of a cor- of indiv!duais. | T decision were toes there was ho - eas violation of its provisions rivate by .a&.p ' gays: % *‘A combination which is illegal unde} | anti-trust law cannot be operated under Sodk of a corporation by its constit Members or governing bodies.”’ The importance of the case to the LS may be judged fyom the array of leg \ ent. The National Lead Co. has been repré-~ sented by Elmer B. Adams, now judge of the ‘Federal Court of the Eastern District of Missouri, ex-J e H. 8. Priest, F. W. man, ex-Judge Wilbur F. Boyle, F. A. — JUDGE WM. H. BIGGS. _ Heidorn, J. L. Horsby. Virgil ‘Harris, al of St. Lou's: William C. Gulliver, spect Lcounsel for the United States Government in the income tax cases; Alexander 4 jJreen of New York. “The Grote Co. has been represented by 3 T. G. Smith and Thomas 5. Meng. esiding Judge Charles ©. Bland is Scorned of Congressman Richard P. Blan the famous champion of silver. He was horn in Hartferd, Ohio County, Ky.. Feb. 9 1887. and came to Missouri In 15>, where he was educated at Arcadia and admitted to the bar in 1860. He served In the Federal army from August, 1862, to N wwember, 1864, as Captain of Company D, Missourtl Infan- try Volunteers. He settled in Phelps Counte, ty after the war, where tn ]8a0 he was Md Judge of the BPighteenth vag being twice re-elected and serving un 1896. when ‘he was electedeJudge of the Court of Appeals for the astern District, Judge William H. Biggs was born in Clark County, Mo., in 1 educated at La Grange Coltege. entered the Confederate army in 1861 and returned to Missourt 1966 He was admitted to the bar in 1 and began practicing at Bowling Green, ‘ removed to Loutsiana, Mo., In 1873, from whence he was elected to the Court of Ap eals . 1888. . 7S wens W. Bond was born tn Haye wood County. Tenn., Jan, 27, 1818, and came to St. Loufe In the early ‘Ss, where racticed law successfully. He was el Sudee of the Court of Appeals tn 190% os a ee Hoss. i . Be ks Beak Chat cian ; : P PLR As Weta oe ait > et Scat? PREY es PE SS oe RL PIO “J ¥ Fs . ; ae os ieee k £ eae: , ea gee a ee : tt, eae» ; , bie . > ; F pele : a ee aa ei he tat ED ea en eee Ye ee tee es iva oh % ee At em he, Sa Se BE a en . Pa oer om ee ce. chap adh. . I Te ee Poe) ge ee ‘ou hy" ot : * + Ter . OP es ¢ ia a Mae 4 a SS ae tna EE m . 5 . oe ; i an 4 . - 4 Ty ‘ ’ 4 reg : =F : oh Oe —eome +h ay ; a bil t . ype! : ut Pas i ud F € oe at eS oe 5 ae nate : e 3 ‘ NOW HE IS GEN. FREDFUNSTON, The Gallant Kansan Promoted by the President for His Brilliant Work in the Philippines. WASHINGTON, May 12—The tent... has appointed Cel. Frederick Funston ce the Twentieth Kansas « Brigadier Generah of Volunteers. This appointment wep recommended by Maj. Gen. MacArthur end. Bex’ supplemented very syeney by Gen. Otis in : a cable dispatch receive boty) om Gen. MacArthur said that the ef Col. Funston during the campal in the crossing «a t deserve recognition such hie promotion to be a. Brigadier General, also that as leader of treop rus x 4 ston was especially v¥ & dent Seda