St. Louis Post-Dispatch from St. Louis, Missouri on November 4, 1912 · Page 1
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St. Louis Post-Dispatch from St. Louis, Missouri · Page 1

St. Louis, Missouri
Issue Date:
Monday, November 4, 1912
Page 1
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s Election Returns IttSX, bLX&t&VI''i - at the Coliseum "1 NIGHT' Another Ballot Box Decision! Want Ad Count Last Week: 1 3137 Printed tbhye Post-Dispatch " MflDP than were printed by the Globe-Dem-KHIitfc ocrat and Republic Comblird. St. Iioais' .OXE BIG Want Medlam E D IT I O N FINANCIAL MARKETS SPORTS , Only Evening 'Paper in St Louis With the Associated ''Press ZACens Service, VOL. 65. NO. 76. ST. LOUIS, MONDAY EVENING, NOVEMBER 4, 1912 18 PAGES. PRICE ONE CENT. SI LOUIS. POST-QISPATCH ; it, 3 r I 1 f, 11 , SUPREME COURT REVISES RULES IN FORM YEARS Serving of Injunctions Without Notice to Other Party Will Not Be Permitted After Feb. 1, 1913, Great Britain's Legal Plan Being , Accepted for Most Part. NO MORE REVERSALS ON TECHNICAL ERRORS revolutionary (change in Procedure in Equity Cases in Federal Courts Intended to Reduce Cost of Litiga , tion and Eliminate Delays. WASHINGTON, Nov. 4. Revolution ary changes In procedure In equity cases In Federal courts throughout the united States are effected In revised rules promulgated today by the Supreme Court of the United States. The object Is to reduce the cost of litigation and to eliminate delays. The Supreme Court today again ad journed without announcing, decisions iu the Hard Coal Trust. Union Paclilc merger or state rate cases. Among new rules Is one which would prohibit issue of preliminary Injunctions without notice to the opposite party p.nd also restricting issues of temporary restraining orders. . The new anti-injunction rule Incorporates into practice several demands of labor leaders which they sought to hav recognized by the nactment of the so-called Clayton antl- -inction bill. The new rule follows in 'neral way the rules of the Feder rt In the Ninth Circuit, which cd the Pa-, cific Coast states. Kerr Rale on Injunctions. The new rule on injunctions provides: "oN preliminary injunction shall be granted without notice to the opposite party, nor shall any temporary restraining order be granted without notice to the opposite party, unless it shall clearly appear from specific facts shown by affidavit or by the verified bill, that Immediate and irreparable loss or damage i will result to the applicants before the matter can be acted on notice. In case a temporary restraining order shall be granted without notice in the ooatlngency specified, the matter shall be made returnable at the earliest possible time. In no event later than 10 daya from the date' of the order, and shall take precedence of all matters, excrt elder matters of the same character. "When the matter comes up for hearing the party wllo obtained the temporary restraining order shall proceed with hirf application for a preliminary InJuncMcu and If he does not do so the Court shall dissolve his temporary restraining or der. "Upon two days' notice to the pariy fNhtalnlng such temporary restraining "r the opposite party may appear d move the dissolution and modifies tion of the order and in that event the Court or Judge shall proceed to hear and determine the motion as expedlous-ly as the ends of justice may require. Every temporary restraining order shall be forthwith filed In the clerk's office. Task of 17 Months. The new rules were announced by Chief Justice White from the bench. One of the tasks undertaken by him when he was appointed Chief Justice was to reform procedure in the courts He first revised the rules of the Su preme Court Itself. For 17 months the Chief Justice and Justice's Lurton and Vandavanter have been working on the equity rules as a subcommittee of the court. The present rules came down from the courts of England with only one or two revisions sinie the beginning of the re public. The last revision was about 50 years ago. Chief Justice White, explaining the rules from the bench, grouped the reforms under four or fire heads. One was in regard to the exercise of power by the Federal courts in equitable mat ters. Another was described as bein; denned primarily to remove all unnec ' essary steps in modes of pleading and to bring the parties quickly to the Irsue. Another was described as beins a restriction in the nodes of taking testimony, particularly in patent and copyright cases. "The whole Intention has been," said the Chief Justice, '"to bring the taking of testimony down to a more simplified . inexpensive method. V Another reform was said by the Chief i Justice to be illustrated by the state-mt that the new rules as a general ' r ig provide for trial by the court In- id of a reference of the suit to ree to take the testimony and report k to the court. he Chief Justice said the new rule a , lid make it Impossible for the Ap- late Court to reverse sulfa merely be- ise of errrrs not prejudicial he rule Jill go Into effect Feb. X he Post-Dispatch is the only evcnln sspsper in St. Louis that receives or pushes news gafKereJ by the A.iso 4" ,ted Press. t You Are Invited to the Coliseum to Get the Election Returns T HE promptest and most com plete election bulletins will be displayed, under the most com fortable conditions to be found In St Louis, by the Post-Dispatch at the Coliseum Tuesday night. The Washington avenue entrance, admitting to all parts of the building, will open at 7 p. m., and the display of bulletins and moving pictures will continue through the greater part of ; the night.' Admission will be free. The hall will seat 10,000 persons. Women with escorts are especially invited, and will have the preference in the filling of arena seats. Outdoor exhibitions of bulletins and moving pictures will be given in front of the Coliseum, for the overflow gathering; in front of the Post-Dispatch office, and at the East St. Louis City Hall Park, adjoining the Arcade Building. The Post-Dispatch received a definite announcement from Beekn-an Wlnthrop. acting Secretary of the Navy, that the United States Marine Band would not be permitted to fulfill the contract made with the Poet-Dispatch In its behalf by the Kad-cliffe Musical Bureau. The announcement of the free concert In connection with the election returns display, and that of a matinee Concert for school pupils and teachers, must therefore be cancelled. The Post-DIs- INE BAND NOT ALLOWED TO PLAY Acting -Secretary Winthrop, Fearing Wrath of Labor, Refuses to Rescind Order. WASHINGTON', ,Nov. 4. The Acting- Secretary of the Nary, Beekman Wln throp, yesterday gave his final decision on the question whether the people of St. Louis, through the Post-Dis patch shall have the opportunity of hear. ing free a concert by - United States Marine Band at the Co. 'eum election night and on whether L. -it. Santel-mann, leader of the Marine Band shall keep an engagement, made' several days ago, which Is, according to navy officers, legal and legitimate. . The Acting-Secretary's decision is this: The Marine Band cannot play at the Coliseum election night. If the Post- Dispatch has the use of the Coliseum, even though no admission is charged. He added: "The Navy Department cannot rescind its order.sent to Lieut. Santelmann, through the Radcliffe En tertainment Bureau, not to keep the engagement made with the Post-Dispatch. 1 regret that the Marine Band has been the means of putting such a big and good organization as the Post-Dispatch in a position 'before the public of St. Louis, which It says is and do not doubt Is a result of miscon struction of purpose, but the Interests of the band are greater to the Navy Department than any others. - Fears the Wrath of Labor. "If 1 should rescind the order sent to Lieut. Santelmann yesterday, not to rlay for the Post-Dispatch, the wrath of organised labor would be brought down upon the band. This the navy and the country cannot afford. In the last cession of Congress a bill almost passed which prohibited the Ma rine Band from accepting any engage ments outside Federal military circles mat mil was auiea only alter one great effort by, the Navy Department and- its friends in Congress. Had it gone through. It world have killid the bard, for the reason that musicians of the class of those In the Marine Band would not enlist were they to re celve only the Marine Corps pay. In other words, it Is necessary for the Marine Band to accept some outside employment to warrant musicians of the caliber of those In the band stay-ins In it. "Were I or the Navy Department to rescind the order sent to Lieut. Santel mann yesterday, organized labor would make a determined effort I-n the coming session of Congress to pass the bill which failed hy'ro narrow a margin in the last session of Congress. This must l-ot occur." ' ( It was pointed out to Wlnthrop that the Post-Dispatch In the first Instance did" not seek the services of the Marine Band, but that it sought the use of the Coliseum to give free to the people of Ft. Louis an opportunity of hearing the election returns. 1 Winthrop understood the ' true status of the whole situation. He said he had been prompted In doing what he did and holding to tHat action by the pro tests of organised labor and of Rep resentative Bartholdt, seeking-re-election in the Tenth (St. Louis) District, and Kepresentative Leonldas C. Dyer, Re rubllcan, seeking re-election in . the Twelfth (3t. Louis) District These were the only reasons offered by the Acting. Secretary. . After it was pointed out to him that the band was not engaged in opposition to St. Louis bands; that it had not b.eii MI OR POST-DISPATCH Cootlased Pave 8. Colas . Notice to School Teachers and Pupils T HE rout-Dispatch arreatly regrets that the matinee concert by the United States Marine Band at the foil-Irani Tuesday, wblclt the Post-Dispatch had arranged to give -v a free treat for pupils and teachers of the pnbllc and parochial schools will not be given. The concert has been made Impossible by orders from the Jfavy Department at Washington, prohibiting- the band from playing nnder the on spices f the Post-Dispatch. patch greatly regrets the necessity of this cancellation. It is due to the efforts of the Musicians" Union and of Congressmen Bartholdt and Dyer. The invitations Issued to public officials, party committeemen and certain others for box seats are still io effect, and all previously announced arrangements, except the band concert, will be carried out GENERALLY FAIR, SOME COOLER ON ELECTION DAY THE TEMPERATURES. 3 a. m 4i JO a. m. ......... ga- ni 47 11 a. m r 7 a. m 47 12 'noon 55 a. m 43 2 p. m Yesterday's Temperatures. High. .54 at 2 p. in. Low. .33 at 6 a. in Those Turks "What is the weather ouUook?" said Mrs. Biggs, as her husband unfolded the paper. . "Well," , said Riggs, "there are AiV?6.NOTSO f?UGGED. indications -of a heavy frost In Washington, D. C. with the center of the cold wave somewhere near the White House." ' "Any sign of snow?" "Yes, a heavy one in the vicinity of Sagamore Hill." . "Isn't the weath er going to be nice and bright .any where?" "Sure, at Seagirt. N.v J." Official forecast for St. Louis and vicinity t Generally fair and slightly cooler tonight and Tuesday. Missouri Fair tonicht and Tuesdayr"cool er tcnlpht. -- , ' v Illinois Generally fair tonight and Tues day, except probably showers In extreme north nortion tonleht: cooler Tuesday. Stage of the river: 9 feet; a fall of .9 of a foot. First in Advertising Every Sunday for 51 C jnsecutive Years. The SUNDAY POST-DISPATCH, yesterday, November 3d. was, as it has been every Sunday for 292 consecutive Sun- davs, or more than FIVE AND ONE-KALF YEARS (with - the ficfpllim of n sogelsl anniversary Issue of a competitor). flTSt in volume of REGULAR BONA FIDE advertising. The count yesterday, Sunday, November 3d, was as follows: Posf-QispatGii,318 Cols. Globe-Democrat Republic Post-Dispatch Excess - Over Republic 183 Cols. Over Globe-Democrat . . . 85 Coll. , The" Want Ads FOST-DISPATCH excess of Want over the Globe-Democrat and Republic COMBINED . . . . . . . 12 Columns Over Republic 54 Columns Over Globe-Democrat . . . 39 Columns THE REASON:, Sunday Circulation November 3: 30 an increase of 15,316 over corresponding Sunday last year. St. Louis' ONE BIG Newspaper. First in Everythips! . ELECTION JUDGES' ARREST ORDERED IF THEY OBEY MUG Hadley's Action Follows Offer to Aid Republicans Who Support Progressives. 'TWO G. O. P. TICKETS" Democratic Committee Head Says Instructions Were Designed to Insure Fair Play. JEFFERSON CITY, Nov. 4. Gov. Hadley sent to election boards In fit. Louis, Kansas City and St. Joseph t-v day an order to cause the arrest of election judges who attempt to carry out the instructions given in a letter written to the judges by Chairman Mo Ching of the Democratic State Commit tee. McCiung's letter to the Democratic election judges stated that "it is one of your duties to instruct all Repub lican voters that there re two Repub lican tickets." Chairman Elvins of the Republican State Committee, on learn ing of this, protested to McClung and to the Governor. Elvins contended that it was no part of the legal duty of Dem ocratic judges to Instruct Republican voters about anything, and further, that the statement as to two Republican tickets was false. McClung refused to withdraw the let ter, and defended li on the ground thAt it was designed to insure fair play to what he called the "Roosevelt Republic an party." Roosevelt Is the candidate of the Progressive party, and the offi cials of that party in St. Louis joined in the protest against McCiung's action Hadley's Telegram. Gov. Hadley's telegram to the city election boards read: "Am informed Democratic State Com mittee has sent to Democratic Judges of election, a letter directing them to vio late provisions of Section 5899, R. S. 1909, by not delivering to each voter ballots of all political parties, but instead, to ask him. if he is a Republican voter, what Republican ticket he . .desires to vote. To follow Ctrections of 'Pejaai cratic State Committee would be in vio la tion of prvisions of statute and a criminal offense. Request you see that dl rections are given to Judges of election to comply with provisions of Sectioo 5S90 and if any judges of election vio late this section that you order their ar rest. HERBERT P. HADLEY, Governor. Six Ballots to Knch Voter. Under the law each voter is entitled to receive six ballot3 from the Judges and clerks. He takes these with him to the booth, and selects the ticket of the party he wishes to vote, prepares his ballot and hands it to the judges. McClung said there was so much confusion in certain quarters as to what constituted the real Republican party that he issued the letter so that voters might bo fully Informed. The attempt of the. Republic-ins to rnal.e an Issue of the letter, McClung said, was Indicative of their desire to deprive the Progressives of many votes they were justly entitled to receive. . . 233 130 Adi 3,433 FEMALE IMPERSONATOR WHOSE DEATH-WAS CAUSED BY LACING " " A - . IT 7, ;feilra IAN STABS SELF i INTENANTS' B IN A SKYSCRAPER Cuts' Himself Twice in -Breast After Leaving Elevator, in Wright Building. Persons on the eighth floor N of the Wright Building, Eighth and' Pine streets, feavin jthelr offices for lunch shortly before noon Monday, saw a young man step from an elevator into the main corridor and plunge a long-bladed knife twice into his breast. Patrolman Louree, who took the man to the city hospital, after Dr. Elbert J. Lee Jr. had administered emergency treatment, reported that he gave his name as Joseph H. O'Bryan, his age as 30 years and his address as 3001 Lo cust street?-He told the poffceman ne was unmarried, but refused to xnaice any statement as to why he had stabbed himself. The wounds were not serious, it was found, th knife having penetrated not more than three-fourths of an inch.. One was Just above the abdomen and the other was in the center of the chest Xo one on the eighth floor of the building could Identify the man. A man occupying an office on the eighth floor of the Wright Building told the police he rode up in the elevator with O'Brien and that the latter after leaving the car walked a fe.v steps, stabbed himself and then after calmly wiping the knife and putting it in his pocket walked to the physician's ofUcc on the same floor. 'BURGLAR' HUNT ON A TRAIL OF BROKEN EGGS A trail of broken eggs was follows by Detective Chief Wetzler of East St. Louis Sunday night. About 11 o'clock J. C. Campbell. 110 North Seventeenth street, telephoned that & robber was In his home and askea for police protection. Th motr patrol was pressed Into use, but when WeWler and a squad of police arrived at Campbell's home the supposed burglar had gone. WeUler noticed a number of broken eggs leading from the Campbell bonxn to that of Robert ' Drayton, 1915 Nor'h Seventeenth street, almost dlrectl;." across the street. Investigation showed that Mi!.vi Drayton, on his way home, got into ilie wrong house and. upon learning of hts mistake, departed. Eggs he was carry ing In a paper bag fell out one at time. No arrests were made. " JOSEPH MENNELLft TIGHT LACK IS BELIEVED TO HAVE KILLED AN'CTOR oseph Hennelia, Female Imper- sonator, Dies After Appearing on the Stage. Tight lacing is believed to have been a contributing cause of the death of Joseph Hennella, an actor, who died at the city hospital after collapsing in tiie dressing room at the Best Odeon, 3346 South Jefferson avenue. Sunday night. Hennella' was a female impersonator and lived at the Holland Hotel. Sixth street and Franklin avenue. In order to add to the Illusion when he appeared on the stage in a female role,- he wore a corset which it was necessary to lace tightly to give the effect of a small waist. After completing his act, HannelU fell unconscious In the dressing room at 9 p. m. He died three hours later. City Hospital physicians think the tight lacing caused or aggravated a kidney trouble and that It also m?.y have induced a teendency to. apoplexy. An Inquest will determine tha exact cause of death. - Hennella was of medium height and Inclined to stoutness. He was 40 ye?rs old. In his younger days it was easy for him to get the feminine lines, but lately his Increasing girth made It necessary for him to lace extremely tight to create the delusion. - Usually he made several changes of costume In the course of an act and the constriction ' caused by tn corset rendered this a fatiguing and laborious - . . i t . . process. rienas naa novum ium mu he was becoming too stoui 10 continue in female roles, but he told them that larlr.r would reduce his figure, and hat he had been Impersonating female characters so long that he did not care to give up his "profession." 'A. Singer, the manager of the Holland Hotel told a Post-Dispatcn reporter that Hennella had been stopping thera for about six weeks. "He was quiet in him waya and did not make confidants of any persona at the hotel." Singer aald. 'H1 .only t-mnA. med to be persona la the theatrical business, who called occasionally to visit him. j "Some of his acquaintances telephoned this morning, asking about his death. We had not been informed, here - Js death and I told everyone that ct that there must be some mistake, fnfU Hennella was not dead. I had seen !i:m ' he arneared in fat al health." Singer said none of the attaches of the hotel knew what relatives Hennella. had, it any. : "ST. LOUIS HAS IMNY LEGAL FIRETRAPS LIKE BERLIN HOTEL" CHIEF SWINGLBY Head of Department De clares. Law Was Obeyed at Burned Building, but Law Is "Perniciousiy Wrong" Immediate Inspection Elsewhere Ordered. Mayor, Building Commis sioner and Swingley at ' Conference Decide to Appeal to Legislature for Adequate Statute. Proprietor vof Hotel Testifies at Inquest She Believes V. C Douglas Started Fire by Smoking in His 3ed. While a perfunctory inquest into the deatWof the three Berlin Hotel fire victims was in progress Monday, Mayor Kreisinann Fire Chief Swingley and Building Commissioner McKelveytheld a conference and decided on an immediate inspection, by the fire and building departments, of all boarding houses, family hotels and; lodging houses which do not-come under the present inadequate t State fire escape law. . .. . At the-ame time, the three officials declared that the present law should be replaced by one which would require outside fire escapes, sufficient exits, and halls and stairways of sufficient width, in all such establishments. present law permitted the existence of "legal firetraps." and said the" Berlin was only one of many, such firetraps, both in the residence section and downtown The inquest resulted In a verdict that Mrs. C. JC'MacFadden, Kiss Helen Harrington (formerly Mrs. James Ahelcs; and W. C. Douglas were burned to death in the hotel, and' that the chiism- or origin of the fire was not ascertained. Attorney H. H. McFarland. who aided in identifying the body of Miss HarT rington. divorced wife of James Abeles, was present at the inquest as representative Cf Miss Harrington's 13-year-old daughter by a former marriage, who is the beneficiary of her mother's life insurance Deputy Coroner Fath. who conducted the inquest, did not question the witnesses as to whether locked doors or screens prevented free access to the single fire escape. After the hearing he said this was a question for ihe Circuit Attorney or the grand Jury. Patrolman Patrick SA. Brennan testified that he heard several theories advanced as to the origin of the Are. One was that Douglas caused it with his pipe; another that there were crossed wires and a third that someone bad dropped a lighted match In a clothes closet. Inapeetloa Two Weeks Aro. Mrs. Marian Begg. proprietor of the noiei. tesunea thet two weeks ago a man who said he was an Inspector for the Fire Prevention Bureau went through the hotel and told her every thing was all right Inspectors for the bureau and for the Building Department frequently inspected the "premises, she said, and had never found fault with the fire escap facilities.' Mrs. Begg said she had been to a the ater end returned to the hotel a short time before the fire was discovered., Mrs. Bn said she believed the fire started in Douglas' room, as Douglas was in the habit of sitting or lying on his bd and smoking a long-stemmed pipe. Henry C. Shockey, Assistant Fire Chief, testified it was not the duly of firemen to make Inspections as to fire escape facilities. sucn inspections should be made by the Fire Prevention Bureau and the Building Commissioner's force. Fire lieutensnt. he said, fre quently were sent through buildings in their districts, but for the sole purpose of - becoming acquainted with the build ings so as to be better posted In case of fire. body of Mrs. Cart K. MscFadden found by firemen In the ruins of the Berlin Hotel, was held Monday at an undertaking establishment to await the arrival of her hnaband, an oil operator. from Tamptco, Mexico. She was on of three who lost their lives la the fire. Three Alarsss ftemlvcel Frost Bsz Nearest h Merita II tel. In its account of the Berlin Hotel firs, the Post-Dispatch Saturday published a statement. In an Interview with C. Oratlot Cabanne, to the effect that the firs alarm box nearest th hotel was out -A MRS. MAIUAS K. BKiiii. Chief Swineiev declared the of order. It also was stated in the ln" ten-lew that the box had been out of order for some time. George McD. Johns, superintendent of Ihe Fire and Police Telegraph Department, has informed' the Post-Dispatch trat three separatealarms on the firs were received from the box to which Cabanne referred. He said the records of tthe office showed that the alarms came from the box within one minuta after the alarm had been given from th ' box at Newstead and Maryland avenues. nd that the fact of the collision be tween No. 4Ts reel and a street car soon fterward was signaled from the sams box. " : , : Further Inquiry from Cabanne showed hat be did not himself test the box. but sent out a negro to turn In the alarm, and that he got the Impression, from what the negro told him, that the bos was out or order. . - BERLIN HOTEL A "LEGAL FI RET RAP Mayor Krelsmanii, Fire Chief Swings ley and Building Com qsloner McKei- vey. at a conferenq ' Ing out of the Berlin Hotel fire. de. thet en Inspec tion of all hotels and ooardlng fcowe should be made at -once by the cap tains and lieutenants of fire eompanVs In the various districts, and that ch&ris showing the arrangements and exits of such buildings should be printed and placed in the engine houses neart them. They also derided to appeal to the Legislature for a change In the present law, to require accessible outside Ire escapes oi, throe-story boarding brtiips and hotels. In place of the present re- quirement only for ronea, and to charse the building requirements so an to compel wider halls and stairways and wo' exits. "The Berlin Hotel was a legal fire trap. St. Louis has many other legal fire-trap, which the police,' fir. nd build ing, officials cannot touch. The present law Is perniciously Inadequate. It should be replaced by an effective statute for the protection of the 11 res of those la family hotels, boarding and lodginsj houses." ' This was Fire Chief Swlng1eys decle " ration to a Post-Dlspatrh reporter Motto day. It was in accord with abatement on the same subject by Building Com mtwloser McKelvey. " ; -The law wee n with rr tke saaaeseeseet ef the eHta, the Cafe? continued. tee lew I whole eystesa Is stela swell officials s ayoioa. ef bleff la trrtesr ssst even mWl kelldtaue aaede safe. The hallways et -tbs ' Berlin were three and a bait feet wide fast wise eaeaffB to eeatalr ertta the taw. ha aet wide aaaasjh fee eatery, Ttr s ram a, omi ct "Be nuit i

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