The Daily Index. (Mineral Wells, Tex.), Vol. 3, No. 297, Ed. 1 Thursday, April 30, 1903 Page: 3 of 4
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Judges Amos M. Thayer, Walter H.
Sanborn, Henry Clay Caldwell and
Willis Vandeventer, who rendered the
decision in the Northern Securities
merger case, are four judges of the
eighth judicial circuit of the United
States and all are well-known West-
ern Jurists. Judge Thayer was ap-
pointed to his present position in
1894, having served since 1887 on the
federal district bench, and prior to
that time as circuit judge of the city
of 8t. Louis from 1876 to 1886. Judge
Sanborn was appointed Circuit Judge
in 1892, at which time he was a mem-
ber of the city council of 8t. Paul and
a widely known and Influential lawyer
of that city. He was born in New
Hampshire, was graduated from Dart-
mouth in 1867, and for some time be-
fore entering the law offlce of his
uncle, Gen. John B. Sanborn, in St.
Paul, he was a capable educator in the
JUDGE TDATEj?
'■JM &.
i J! I rT*jf
DELIGHT TO THE ART
of (ho Town One of
Style of Architecture
the Old Churches.
(Special Correspondence.)
East. Judge Vandeventer is a dis-
tinguished scholar, who in 1897 was
appointed assistant attorney general
of the United States by President Mc-
Kinley. He served for some time as a
lecturer on equity pleading and prac-
tice in Columbia college. A native of
Indiana, Judge Vandeventer is a grad-
uate of Depauw university and of the
Cincinnati School of Law. In 1884 he
removed to Cheyenne, Wyoming,
where for a time he was chief justice
of the Supreme court. Judge Caldwell
is a native of Virginia. As a child he
removed to Iowa with his parents and
there studied law, being admitted to
the bar in 1852. He was a legislator,
prosecuting attorney and a soldier,
and after the war was made a district
judge in Arkansas by President Lin-
coln. In 1890 President Harrison ele-
vated Judge Caldwell to the Circuit
bench. He lives at Little Rock. g
It Is after the desolate eastern sad
of Cuba has been rounded, and the lit-
tle lighthouse, looking like a Turkish
cigarette standing upright, on the
shore of Cape Maysi. has sunk out of
sight behind the jungle-covered
steppes of the south coast, that one's
interest In the island becomes a vivid
reality. Then all the anticipations,
the war memories, assume a material
significance, and. little by little, meet
their realisation or disappointment, ac-
cording to your point of view.
Some time during the earliest dawn,
usually, a stop has been made In the
darkness at Guantanamo, but when
daylight comes the steamer Is draw-
ing by the tiny village of Daiquiri and
Slboney, full of thrilling memories of
the landing of the American soldiery,
and an hour later the long, low wall of
cliffs blossoms suddenly with the
beauty and harmless menace of Mor-
ro castle, This superb relic of medle-
vsl fortification has yielded nothing of
its pride in losing all that Its thick
walls and antique ramparts signified.
Impotent, but proud, It looms above
the narrow pass through which the
steamer turns, one of the most beau-
tiful castles in the world.
The bay narrows beyond Cayo
Smith, and then the steamer rounds a
sharp spur of land; all at once the
whole city of Santiago and its wonder-
ful background of purple mountains
break upon t.h« vision.
Santiago Is one of the oldest cities
of the Western hemisphere, and Its
architectural features present an ex-
cellent illustration of the substantial
and picturesque cities built by the
Spaniards during their wonderful con-
quest of the Americas.
The situation of the town is one of
unusual beauty. It covers a symmet-
rical hill at the end of the bay, and
all of the streets, as in the case of
nearly every Spanish city, radiate
from a central plain, which in Santi-
ago is the highest point in the city
with the exception of the positions of
THE DECISION.
Will Do Away with Evils of Restraints
of Trade.
The government won a great vic-
tory In the anti-trust war when Judge
Thayer of the United States circuit
court of appeals, sitting at St.
Paul, handed down a decision declar-
ing the 1400,000,000 Northern Securi-
ties company an illegal corporation,
enjoined it from voting the stock of
the Great Northern and Northern Pa-
cific railroad companies and decreed
that this stock should be returned to
the former owners.
The decree entered in accordance
( with the finding is a drastic one and
\ does not leave a single peg for tile
> treat merger of the Northern Pacific,
the Great Northern and the Burling-
ton to hang upon. The language of
the court is pronounced to the effect
that where lines of railway are paral-
lel and competing such a plan as that
of the Northern Securities company,
which places them under control of*
one management, Is contrary to the
" Sherman anti-trust act and is clearly
. la restraint of trade.
Despite the declaration of James J.
Hill and J. Pierpont Morgan that an-
other plan fs ready which will stand
Che test of law, general opinion is
that the government has succeeded
in giving railroad combinations a
• straight blow between the eyes, from
which they will be unable to recover.
Immediately npon the delivery of the
decision it was announced that an
appeal wguld be taken to the United
States supi-eme court, but as the four
Judges hearing the case were unani-
mous in their findings it is not expect-
ed that the court of last resort will
interfere with their conclusions.
To Attorney General Knox the de
cision must come with extreme satis-
faction because of the fact that he
has all along contended that the anti-
trust act is broad enough, if rightly
interpreted, to prevent any combina-
tion of railway or other properties
inimical to the best interests of the
people. The decision will therefore
have the double effect of preventing
other similar mergers of railway In-
terests and of placing a ready weapon
in the hands of the government' in
, the form of a clear Interpretation of
the law with respect to capitalistic
combinations which are in restraint of
In the present battle every weapon
that millions and influ.ence, aided by
Ingenuity, could bring to bear was
used to have the Northern merger
declared legal. The Northern Securi-
ties company is the plan'devised by
the brightest legal minds of the coun-
try to circumvent the law and pro-
vide n legal method of building a stone
wall about the securities of merged
where they
of them and without fear of any one
interested parting with his Interest
and thereby breaking the combination.
It afforded a sure means of unloading
burdens and placing them in a safe
reoeptacle where they could be dealt
out to the public when public demand
was most favorable.
So certain were the Morg&n-Hill
contingent of the legality of their
plan that their confidence had been
communicated to other merger mag-
nates, and the formation of several
securities holding companies awaited
the decision of the courts. It has
been stated that the Gould lines were
about to be merged in a similar cor-
poration; tbat the Pennsylvania and
New York Central and their allied
companies would go into a holdings
company, and that the Harriman
group would be financed in the same
way. The Rock Island company of
New Jersey, with its $125,000,000 cap-
ital stock, Is also said to be a similar
organization which will possibly suf-
fer from the effects of the decision.
The dissolution of the Northern Se-
curities company will not affect the
SOME OPINIONS.
James J. Hill—“We have been
whipped in the first eklrmieh, but
I remember that he laughs beat
who laughs last.” ____________
J. Piarpont Morgan—"When
railroad men know exactly how
the law la to be interpreted they
will probably find ways to operate
properties profitably.” ^
Governor Van Sant—"The deci-
sion marks a great victory for the
interests of the people.”
Assistant Attorney General Day
“The Judgment reaffirms the right
of the people to be free from the
slavery of monopoly and estab-
lishes the legal wisdom of Attor-
ney General Knox.”
Former Attorney General Qrigga
—"It la revolutionary.” +
and fashion of the town. Very pretty
young girls promenade under the
guardianship of frigid faced mammae
about the white gravel paths, their
dafk eyes naively r droit in detecting
the glances of admiration which, from
the atrloe of the cluba, are sent in
their direction.
On a street, Calls Heredia, near the
plaza, still stands the palace of Valeo-
ques, one of the founders of Santlaga
The church edifices of Santiago are
highly Interesting to the stranger. The
f Cabannas Fortress.
(The Prisoners' Stockade.)
cathedral, of course, insists upon vis-
itation, but thsre are numerous other
older and more picturesque churches
throughout the town.
There are several smaller churches
of much greater age than the cathe-
dral, which has been deetroyod by fire
several times and .rebuilt. These lit-
tle sanctuaries are often very sweet
and cool and quiet inside, and the
■brines are decorated with ornate pro-
fusion of ornament It is said that at
the Carmen church on Santo Toman
''1 1. JfcifiM
yj; •
of the water oozing out | of a
ownership of the three railroads prop-
erties Involved, which will still bo
controlled by the Morgan-Hlll com-
bination. It will, however, have the
effect of decentralising the manage-
ment and control of these properties
and make their tenure by the capital-
istic combination. If anything. U-h* ho
cure. In this way it will be more dif-
ficult to operate the properties in
such harmony an to stifle all compe-
tition. On the matter of competition
the court dweR at length, taking pains
to show bow the merger destroyed, the
motive for competition,' and hence
competition Itself. The court stated
that the Securities company placed
the control of the Northern Pacific
and the Great Northern la the hands
Securities company which, by virtue
of its ownership of a large majority
of the stock of both companies, had
consequently pooled the earnings of
both for the common benefit of the
stockholders.-------------------------------
Commenting on the decision the Chi-
cago Chronicle (Dem.) says:
"It is no wonder tbat ex-Attorney
General Griggs calls the decision ‘rev-
olutionary.’ It goes to the root of the
trusts. It is death to every combina-
tion to abolish competition In com-
merce and the industries by which
trade is restricted and prices are in-
creased. It tends to reopen the era
of free competition in every line of
commerce, Industry and transporta-
tion and to place all the business of
the country on the broad basis of
equal rights.
"It is not probable that the federal
Supreme court will reverse thia great
decision. Whatever may have been
his Inner motives, John Sherman, the
author of the national anti-trust law,
bullded better than he knew. Many
Jurists and' statesmen doubted the effi-
ciency of the law as he framed It and
as it was left on the statute book.
• “This decision vindicates its com-
pleteness and efficiency for every end
in the protection of the people from
the evils of restraints on trade and
for purposes of oppression and extor-
tion in commerce and tye industries.”
V Surprise for the Editor.
Bishop -C, C. McCabe, one of the
most prominent men. In the Metbodlat
Episcopal church, was visiting in Fort
Worth, Tex., not long ago. A New
York paper wired him thus: "C. C.
McCabe, Fort Worth, Tex.; What la
your opinion on the Anglo-American
alliance? Please wire us answer.”Now,
It happens that there resides In Fort
Worth a well-known citizen of the
name of C. C. McCabe. The telegraph
company, knowing C. C. McCabe bet-
ter than the visiting bishop, delivered
the message at the former's house.
The recipient wps considerably sur-
prised, bat he promptly wired this re-
ply ; “It's a d-d good thing.” Just
what the New York editor thought 6u
receiving the return message Is not a
matter of record.
Pslm Driveway.-
of United States Troops.)
Yankeo Skill In Britain.
The "grasshopper” or derrick ele-
vator now in use by the London Grain
Elevator company at the London docks
has been specially designed for trans-
shipping the corn from the holds of
the largest types of American liners
engaged In the grain trade into light-
ers tor conveyance to other coasting
vessels or warehouses. Its spout, In
which travels aa endless belt covered
with buckets, will draw 160 tons of
corn an hour from the hold of a ves-
sel. When reedy for action It sag-
the military and civic hospitals at the
eastern outskirts of the town.
The Plaza del Armes is a small and
now well-kept square, raised about six
feet from the level of the surrounding
streets, the parterres of which are
filled with tropical plants, while four
beautiful laurels and I Tew almond
trees lend shade to the walks. Oppo-
site the cathedral, filling the entire
north side of the square. Is the palace,
In,
Rounding Morro Castle,
from the low roof of which the Span-
ish flag was hauled down on July IT,
1898.
The plssa is the centre of the so-
cial life as well as the business of
Santiago. Here, after the
le cooled by the first ewes
street De Soto attended mass before
sailing for the unknown regions of the
Mississippi, and the San Franciscan
church has the same tradition about
Cortes, for it was in Santiago that
the great explorer and conqueror fit-
ted out his Mexican Invaders.
A drive of-two-or three miles from
the city takes one into the midst of
the battlefields of San Juan Hill and
Kettle Hill. Three miles farther on
le El Caney, where Gen. Lawton and
Capron's battery did such havoc. The
road, a fine one, rune between the two
famous hills, which, with the little
pond at the foot of Kettle Hill, have
been purchased by our government aa
a public reservation, and later will
probably be made into a military park.
On the western aide of thia reserva-
tion stands the Surrender Tree, un-
der which Gens. Torsi and Linares
gave up the light to Gen. Shafter. San
Juan Hill has only the trenches where
the Spaniards made their last resist-
ance to show where the famoufe con-
flict occurred, but everywhere about
the top of the hill are strewn the re-
mains of the blockhouse that marked
the last menacing outpost of Spanish
dominion In the Island.
The village of El Caney affords the
lntereeting remains of the fort to the
attention of the visitor. To the south
lies the trail to Slboney and Daiquiri,
over which the Americaus approached
the Spanish front—a low-lying stretch
of tangled Jungle.
the most striking and
veulr of
In the Ws
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Newton, W. B. The Daily Index. (Mineral Wells, Tex.), Vol. 3, No. 297, Ed. 1 Thursday, April 30, 1903, newspaper, April 30, 1903; Mineral Wells, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1039387/m1/3/: accessed July 8, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting Boyce Ditto Public Library.