St. Louis Post-Dispatch
September 10, 1908

Historic newspapers carry the language, views and graphic reporting of their time, including racist content. They are shown to teen and adult profiles.

The text was read from the page scans by machine (OCR), so it has mistakes and its columns may run together. See the pages · About this title · At the Internet Archive

Page 1

| 5 ' : | HS ‘Backer Declares. Syndicate Is

PAGES TODAY “FIRST IN EVERYTHING.” ;

nes ST. LOUIS, THURSDAY EVEN

— _ AA A

- ~ ° “ . : ts oe 24 ll @ ey Se ae . ne , ewe itil sali — PR SM mS ‘as “ 2 ee " > . = ea ~ la ¥ ‘oe eae Sete: hs whey ee ks: peerage © te A ies ¢ “Gs BP + . * ees ) . % aac. ee ee we ; eh te “2 BAe 2 FSS ‘ ary * oe . * a4 x ee, . * = %, ‘Ae “hee ev ew eae te E Sots ee ty ‘ - a PREYS yo PAOD Shoe > +¢ Bio Se RO? -* is . r % 7. f r Pa Lom earner y bee Jy ot: oo ee ee a £ * $ . i ie ‘ ye * fr e an tae y oi Rs . , & : : 5 oe : § “ ’ ok » ’ . " i ste : ; : ’ e 7 * : . + . ¥ > ’ . ' =] ” « Only Evening Paper in St. Louis with both Associated Press and United Press Service

ING, SEPTEMBER 10, 1908.

PRICE ONE CENT

we wae > 5S . P Fe RO Be a ee : PaaS as : Bre : ; 3 é ¢ * na. F ¥ s an Ed 5 Sa ahs : . ; am - _ ae . - a * ; : S ae 3 r ‘ a z « ® EDITION

“VOL. 61. NO. 21.

GAS FRANCHISE NOT SPECULATIVE REYNOLDS

— Anxious to Furnish Nat- ural Supply.

ASKS AN ALTERNATIVE

Would Sell Manufactured Gas at 60 Cents Only as a Last Resort.

CHANGES ARE URGED ————— ee ‘Ziebold Wants Clause Forbid- ding Transfer Made More Sweeping. —_—_—

| THESE MEN ARE HOLDING UP NATURAL GAS. BILL Here are the members of the House of Delegates Public tm- provements Committee which without satisfactory explanation, ix preventing action on the natu- ral gan hill: bet Chairman W. J. Brennan, Demo- erat, Sixteenth Ward; James J. Gallagher, Democrat, Third Ward; Frank Simmons, Republican, Tenth Ward; Mathew Tobin, Democrat, Fourteenth Ward; Frank Weeke, Republican, Seventeenth Ward; Joseph Schell, Republican, Ninth Ward; Charlies (Cap) Trotil, Re- publican, Eighth Werd,

Attorney Charles F. Ziebold Thursday’ explained the objections he-made to tic natural gas bill, now being held up in’ the Tlouse of Delegates, atthe meeting ot the West End Busines Men's Asso ciation Wednesday night. thinks the campaign for its passage 1s being waged under some misapprehe- _gion,”’ Ziebold ‘said. “Its passage is being demanded on the ground that it will furnish the people 35-cent gaa, whereas as a matter of fact there is nothing in the bill compelling the lgrantees of the franchise to do so. “There is a clause in the bill pro viding that they can collect not mor” than 35 cents a thousand*cubic feet far all the natural gas they furnish. But ithere is no provision compelling ‘hem to furnish any, or any penalty or bend forfeiture if they do not furnish any. “In fact, the bill is so worded as to permit them to quit furnishing natural gas practically at any time, or even net furnish it at all, and go ahead with tuc sale of manufactured gas at 6 cents a thousand cubic feet. Now, this wouia be a good thing for the city. Bill Sheuld Be Explicit. “But if the men behind this bill wart a franchise for furnishing 60-cent manu- factured gas, they ougnt to ask for that and not mix it up with « 35-cent natural gas bill. “If the agitation for the passage of a %5-cent natural.gas bill is to con- tinue, I Want to see the bill amended @o as to compel the grantees to furnish: Natural gas and to provide a penalty for their failure to do so. 1 “I do not like the provision in the bili allowing the grantees six months in Which tq file their bond. If they are Pittsburg millionaires as reported, why should they wish to delay so long in furnishing this bond? Thirty days ought to be a reasonable time for wealthy men to arrange a bond like that. Would Prevent Transfer. “Another point about it I don’t like, ‘fs that it provides against the sale of ) the franchise to any other gas company ‘new’ existing. That means nothing. The Laclede Gas Co. could organize » New gas company immediately after the Ordinance was passed and buy up the franchise. There should be an amend- ment to the bill providing against the gale of the franchise te any other conm- pany ‘now existing or hereafter to be organized.’ *’ Replying to Mr. Ziebold, George V. Reynolds said: “We are asking for a franchise for furnishing natural gas and that is what We want to furnish and intend to fur- nish. We are also asking the privilege of furnishing manufactured gas in the event that it should develop that we are unable to continue furnishing nat- ural gas. Wants Conditional Privilege. “We are not asking a manufactured gas franchise. We are only asking the conditional privilege of selling manu- factured gas, the condition being our inability to furnish the natura! gas. It is provided in the ordinance that a test may be made in Court of our ability to furnish the natural gas. “In regard to the bond question, I wil! pay this: “The bill, as it now reads, was gone over by the Board of Public Improve- ments, the members of the Council Committee on Public Improvements and Lighting Commissioner Sanderson. They Qi agreed that six months was a reason- able time in which to file the bond. 1 think the suggestion of that time came Attorney from some of the Council committee or from Mr. Sanderson.

a 9 . q 6 iV, +" “¥ NY ers the bill is all. right,- but 1 Want to! COAL-QWNING ‘ROADS DEFEAT ~ HEPBURN LAW Federal Judges Rule That the “Commodities Clause” Is Unconstitutional.

MILLIONS INVOLVED

Decision Means Roads Can Continue, tc Compete With Indiyidual. Miners

Special to the “Post-Dispatch. e PHILADELPHIA, Sept. 19—The com modities clduse of the Heoburn railroad rate law, which is the clause forbidding railroads to transport exceot for their own use articlés produced by them, was declared unconstitutional today by United States Circuit Court for Eastern District of Pennsyivania. If this decision is upheld by the Su- preme Court, it means that railroads the the ‘may continue to own and cperate coal mines, lumber mills and other indus- tries, competing in the sale of the prod- ucts with individual producers. The commodities clause was enacted to pre- vent this becattse it was alleged the rail- roads discriminated against the inde- pendent producers who competed with them, and had to use their’ lines. The clause was bitterly fought by the Western roads, suchsas the Iron Moun- tain, Missouri Pacific, Frisco, Illinois Central and the ‘anthracite roads of Pcnnsylvania; all of which are producers of .coal, - The Law Knocked Out. "The commodities clause reads ,as {oi- lows: “From and after May 1, 1908, it. shall be unlawful for any common carrier to transport from any state,territory or dis- trict of the United States to any state, territory or district of the United Siates or to any foreign country any artic'e or commoedity manufactured, mined or produced by it or under its authority or which it may own in whole or in part or in which it may have any interest, direct or indirect, except such: articles or commodities as may be necessary or used in the conduct of its busines as « common carrier.’ , Judges George Gray and George M. Dallas rendered the decision and gave a written opinion. Judge Joseph Buffing- ton dissented. The suit Was brought by the Govern- ment against the Jersey Central, the Lehigh Valley, the Erie, the Delaware, Lackawanna & Western, the Delaware & Hudson, the Pennsylvania and the Philadelphia & Reading, after attorneys for these reads had contended the com- modities clause was unconstitutional. Attorney-General Bonaparte appeared personally in the. case. Possible Fine, $6,000,000 a Day. Ninety per cent of all the unmined anthracite coal in Pennsylvania belongs to these Gorporations or to coal com- panies whose shares are held by them. ' The Philadelphia & Reading case was not argued with the others because of certain queétions of law involved in its ownership, _ ; The interstate commerce act pro- vides a penalty not to exceed $5000 for each violation of the clause. Dur- ing the argument it was contended by the defendants that each car of coal shipped in violation of the clause could be construed under the act as an offense, and as the Lehigh Valley Railroad ships daily 1200 cars of an- thracite in interstate commerce that railroad under such an interpretation would be lable to a fine of $6,000,000 each day. Judge Gray in his opinion says: “Tt is not to be denied that the right to carry in ‘interstate commerce coal which they own in whole or in part, or which is mined or produced by them under their authority, or by coal com- panies in which they are stockholders, was, until the passage of the act in question, a lawful right of these defend- ants. ’ Suddenly Become Criminals, “To these defendants, thus innocently and lawfully engaged in transporting coal which they own, or are interested into the extent and under the circum- stances hérein set forth, comes this act of Congress and declares that this whole business is unlawful and that the future exercise of a vested right of ownership, which they have heretofore and for long periods of years enjoyed, ander the belief that it was an ordinary right of property ‘enjoyed innocently by all citizens of the State alike, inviolable as such, is a crime, and punishable as such. : “We may assume that the commerce clause of the Constitution is no excep- tion to the general doctrine, that un- limited power has no place in American governmental institutions, and that there are rights of liberty and property that are secure against hostile legisia- tive action. ‘In the opinion of this count, the en- actment in question is not a regulation of commerce, within the proper meaning of these words, as used in the commerce clause of the Constitution, therefore not within the power granted «by that Clause.” ,. Important to St, Louis, The commodities clause decision js particularly important to St. Louis be- cause most of the coal consumed in 8: Louis comes from Tilinots mines owned er eontrolled by the railroads Tr nal Rai

| lroad iat Rett espera MAN INRUSTIN CASES GUARDE FAOM SUICIDE Suspected Slayer of Omaha Dector Under Restraint in _ His Brother’s House.

Relatives Say His Suicidal Ten- dencies Were Openly Ap- proved. by Rustin.

By Staff Correspondent of the Post- Dispatch. OMAHA, Neb., Sept. 10.—Since the Coroner’s jury rettirned a verdict yes- terday afternoon finding that Dr. Fred- erick Rustin came to his death “at the hands of a person vr persons unknown” ‘and recommended that the alleged con- nection of Charles FE. Davis with the shooting be thoroughly investigated, a close gudrd has been kept upon WVavis to prevent him from taking his own life. The suspect is under the care of men nurses in the home of his brother, Fred H. Davis, who stands responsible for the man’s delivery to the authorities whenever he may be demanded. Fred H, Davis is first vice-president of the First National Bank of Omaha. Although Davis’ bond was returnable this morning in the City Police Court, the case was not called. It was an- nounced by Police Judge Crawford that Davis would probably be arraigned to- morrow morning, on some charge to be determined today by County Attorney English. , ' Judge Crawford also said that the bond of $5900, furnished by the suspect’s brother, Frederick H. Davis, had been made renewable day by day. It is possible the case may not be called for several days, as the ‘police, awakened by the verdict of the Coro- ner’s jury, are searching for the missing revolver and investigating the actions of | wish more time, ae Insurance Men Disappointed. Many insurance men watched the in- quest with keen interest and were dis- appointed at the conclusion of the jurors that Dr. Rustin did not die by his own hand. Had it been a verdict of suicide the various companies in which the former Yale athlete was in- sured would have saved about $75,000. Latham Davis, another brother of the suspect, said today that Dr. Rustin was engaged to treat the man now in collapse as far back as last October and that on one occasion Rustin argued that Davis’ desire to commit suicide possibly was justifiable. “Last October Dr. Rustin took Mr. Davis to the Mercy Hospital in Coun- cil Bluffs,’’ said Latham Davis. ‘‘There he was so violent that the nuns refused to keep him, and he was taken to St. Bernard's, the hospital for the insane, where he was detained one month. Davis Was Going Awayt - “Ten days ago my brother gave the latest intimations of a mental break- down. I called in Dr. Rustin, who said I'd better take him ‘to Excelsior Springs. The trip was postponed from day to day for various reasons, and then the Rustin tragedy occurred. “On Aug. 27 I went to Dr. Rustin and talked about my brother with him. “ “Late,” said the doctor, ‘your brother is going to commit suicide. He is talk- ing about it constantly. And, after all, a man is the best judge of his own Hie, isn’t he?’ ; “For a long time we argued the mat- ter, the doctor always arguing in favor of the attitude of my brother. It never occurred to me at the time that Dr. Rustin was arguing his own case.” Alibi Ready for Davis. Fred H. Davis admitted to a Post- Dispatch representative this morning that Dr. Rustin attempted to persuade Charles Davis to kill him, but deciared that his brothe absolutely refused to do sc. This was the subject, accord- Ing to Mr. Davis, of the three inter- views which Dr. Rustin had with Charles Davis on the afternoon and night before the death. “I ain convinced of my brother's inno- cence,” said Mr. Davis. “We have secured evidence within the past few hours which establishes an alibi for my brother at the hour of the tragedy, I must refuse to tell what this evidence is. I am sure that Mrs. Rice’s testimony that my brother en- tered the suicide pact with Dr. Rustin is either a fabrication by the woman or in- vented by Dr. Rustin with the inten- tion that the woman should tell ufter his death and thus sanction the appear- ance of murder which she wished to establish: ’’ Mrs. Abbie B. Rice, whose testimony indicated Rustin induced Davis to con- sent to shoot him and then commit sui- cide, is still under surveillance. She is soon to become a mother. QUEEN'S BABY DIES AT BIRTH Hopes of Holland for Heir to the Throne Are Blasted. AMSTERDAM, Sept. 10.—A child wags born Saturday evening to Queen Wilhel- mina, but it died within a short time. News from Het Loo, the royal castle, has been anxiously awaited for several days, and especially since Prof. Kou- wer, the noted gynecologist of Utrecht University, was summoned a few days ago to see the Queen, who has not ap-

peared ig public for some time. MIND LONG AFFECTED] Davis on the night of the murder and WOMAN WHOSE TESTIMONY BROUGHT C. E. DAVIS SUSPECT IN THE RUSTIN MYSTERY FORWARD AS

——— eae le te ORD er ee ee me

vGs ABBIE RICE.

a. yet 4 E OTHER IN FLAMES, FIST RESCUES SISTERS & -

Dress Afire, She Pushes Chil- dren to Safety Before Thinking of Self. “—— While her mother was out visiting, Florence Lansing, 10 years old, of 2617 South Seventh street, a.tempted to cook dinner on a gasoline stove for herself and sisters, Dorothy, 5, and Irene, 3. She was seriously burned when a gust of wind through the kitchen window blew the flame of the burner against her skirt. The same stove caused the death of her 4-year-old sister, Mamie, three years ago, while her mother was away from home. Dorothy and Irene were sitting on the kitchen floor watching Florence cook potatoes when the little housekeeper’s skirt caught fire. Florence thought only of the safety of her sisters. Instead of trying to ex- tinguish the flame she ran to the little xirls, pushed them into the adjoining room and closed the door. Then she screamed. Frederick Witt of 613 Chouteau ave- nue, and Frank Rau Jr. of 2525 South Seventh street ran to her aid. Rau wrapped a strip of carpet about the girl and Witt tore off her burning clothing. After emergency treatment by Dr. Fulton of 2627 South Broadway, she was taken to the City Hospital, where it was said that her chances fer recovery Were slight. WORKHOUSE PRISONER SHOT WHEN HE TRIES TO ESCAPE Man Sentenced for Burglary Is Probably Fatally Wounded by Guard. Henry Schaefer, 2 years old, serving &@ year’s sentence in the Workhouse for burglary, was shot and perhaps fatally wounded at noon Thurgday while he was trying to escape by climbing over the wall. Schaefer had been working with the other prisoners in the quarry under the bluffs at the Workhouse. As the men were climbing the hill to go to dinner Schaefer broke out of line and leaped upon the fence. Chries Davenport, a guard, fired at the man. The load of shot struck Schaefer in the back. He was sent to the City Hospital. Schaefer was sentenced June 4 to serve a year in the Workhouse. He

wag tried before Judge Williams. PUT UNDER BAN BY LIEDERKRANZ

— Belleville Society Forbids the Preparation of Lunches in Its Quarters. * fie §

The grateful siz-

zle of frying hamburger steak will be heard no more in Lieder- kranz riall, Belle- ville. No more will wieners hop about in the fry ing pan to the time of the Blue Danubé waltz. The Board of Wirectors of the Liederkranz So- clety has declared that these things are not meet and hasforbiddey them. And the glory that was grease has de parted.

PARDON ME WHILE | GO OVT FoR A HOT FRANKFURTER

certs and kommers a gas stoves. and Pork

YOUR VULGAR INFRINGEMEWy inExce sABLE sIR! «# ciy

to spend’a good sha funds in repapering. agreed. ; So at the, functions son, when*a hungry and aeks;*"¢ the answer will be, get stewed,’ mural decorationé The directors also prehibiting the barn

various sausages have been favorite articles of diet. Stewed ‘ard boiled meats permitted, since they One of the attractions of dances, con- t Liederkranz Hall has been the ever ready lunch, served at the rear of the main hall, hot from hamburger the chops, But not long ago the directors began to notice what the grease had done to the wall paper. At the end where the gas stoves stood, brown and black figures, fantasti- cally taking the form of huge links of sausage over- spread the wall. Thin skirmish lines of soot ex- tended clear to thefurther end of the room. , The paper war past cleaning, the directors decided, and it was decided re of the society's But no more meat frying should be permitted, the directors of the coming sea- dancer approaches the pravisioners at the rear of the hal! ‘t I get fried meat here?” “No, sir, you can whl still be do net harm the have made a rule dance. ~-FIRE IN COUNTY ‘Farm House Six Miles North-

NA MIDNIGHT

sl west of Clayton Is Destroyed.

Two men were burned to death in a midnight fire that destroyed the farm- house of William @& Friend of Predatory Corporations. TOLEDO, Il.. Sept. 10.—Mr. Bryan spoke from his train here today. “t-presume,” safd he. “that if the _ Republicans succeed anid Mr. Cannon is elected he will again be speaker. a “He representa the theory that All ig ell and that nothing needs to be changed, and he has many people whé agree with him, but the principal — agreement that he finds is among those who have their hands in other people’s pockets and do not: want te be disturbed, every predatory cor- poration, he declared, was crying for Mr. Cannon's success. “Every man who is feasting on privilege, every man who ia fatten- ing on governmental favoritisnt is anxious he ‘rhall be elected in thts district, and that the Republican party shall carry next congress,” a 2

* ae 2 Y WRIGHT'S ALL RIGHT, WRITES THE WRITER WHO WRITES ABOUT WEATHER Incidentally, He Writes That This Right Temperature Will Con- tinue Right, All Right. THE TEMPERATURES, Midnight .. ..77 SO. me o-oo AR: ia. m@m TF ° @ @e GW. ct eéess | 2 a. 7 10 a. mm. 3 a. Th Q MM. oc eeeee a. 12 (moom)...«.- 1 p. MB. «sc eeeee v4 Sp. GB. csccsetee

a. “Wright’s atl} right,” said the ‘MIGHT Mus butcher. ‘ BE DIZZY “Yes,” repl TT? -RAY the druggist. went right up sailed around and

writers will write Wright up right, all right.” Here is another flight: . Fair and continued warm Thursday n and Friday, light v winds. : It is generally warmer in the West and gooler in the Upper Missouri Valiey. The record-breaking rain of the year, 5.18 inches, fell at Jacksonville, Fila, Wednesday night.

yet ’ “ % Bis ety C a fog ae ris a a. <a ted ea Ree ee ioe a NE NO aad 9 "q pci, shel

0? a ‘ as PARENTS SEE CHILDREN OF 16 WEDDED IN ST. CHARLES: Boy and Girl, Small for Their Age, | United by Justice. == Walter Brower and Nora Hughes, each 16 years old, were married Thureday @t St. Charlies. Their homes are at - St. Charles County. They were i panied by J. L. Brower, father of the boy, and Mr« Sarah Moliman, mother of the girl, who gave their corsent. The ceremony was performed by Jys- tice Fred Knoop. The boy and girl, now husband and wife, are small even for their ages, and looked ‘tke léoren Zz as they stood befere the Justieg ee ee eae : a Yd , Bag ge hon hue 5?