Image provided by: University of Oregon, Knight Library; Eugene, OR
PORTLAND, OREGON, THURSDAY, MARCH 22, 1906.
VOIi. XIVT.-ZSO. 14,130
i'ltlUli JbMYJE UEJVl'a.
TO LABOR GRIEFS
FAVORS ANTI-INJUNGTIQN BILL
Emphatic in Opposition to
EIGHT-HOUR LAW ON CANAL
Jlocs "Not Stilt Condition, but Will
iPunlsh Violators at ironic Can
ijion Resents Attack on
House Labor Committee.
WASHINGTON. March 21. President
3fcM$evlt roccslved a large body of ropre
uMluiveg of organized lalor this after-
mX the "White House and talked to
about their urgent request for en
actment of labor measures now pending
CeiiRTORs. Samuel Gompers, presi-
ad Frank Morrison, secretary, of
Amorlcan Federation of Labor, head
ed tit delegation, which consisted of
limit Ttol mouthers of the exocutive coun
cil af tle American Federation of I-ibor,
mm! fliclalfi of the organizations which
omnriee tho Federation. Practically all
f tsb Important labor organizations of
tfee oenntry were represented.
Mr. Men-toon roforred to the President
k memorial of Uie executive council of tlie
Amtriain Fudoratioti. urging action on
the various demands for legislation being
wgod hy tho labor interests of the coun
try. The memorial dwelt particularly on
lite ntMe-hour law and its enforcement on
Cwmwit works. Including the Panama
Oamh. and the Immigration laws, espo
cwly tbe Chinese exclusiun laws.
Mr. CtHNnors and James Duncan, of
9mk. Masa. first vice-president of the
Fedemtlon and president of the Granitc
ctMactvf Union, followed with brief ad
tro m the lines of the memorial. Mr.
Itofvait. after listening tp tho sUite
MMRtfi. ronllod in an extended nil dross.
tfW&'roxt. of the PrmOdcut's remarks "was
titvon out at the "White House this even
ing, as fo)low:
About Anti-Injunction BUI.
"Mr. Ctinpni: If your body object" to tho
wwrc of the peopuned anti-injunction Mil.
I fcavp ne question that you can stop It, for
xmmr n net a capitalist concerned whu, siin
I0f nn capitalist. Is not acainpt It; though I
MlfVft tiMtt a Kondly number Intth of enivl
ttaBat and wapeworkera. wlw ar concerned
IMtswartly as cllzne. favor It. Tlu- law was
wtThfti over and HilMant tally whipped Into
wptwtoHt rtiape at a number of conference
etwn representative's of llu railroad or-
kms)(Imm and tlie Department of .luMice
Ml tkf Ttareau of Corporations, with mo.
It P! as far ac I personally think It should
c tm Mmtttng the right of injunction; at
sa- rates, ro arguments have hitherto been
4waetf which mnkn me think It should go
M-tfaer. 1 4a not bellevo It haa any chance
f paeotag, because, there has boon great
rtifclMN In both houses of 1'onKrosn against
tke attHw4e of the admlnlMratlun in going
tar aa wo have gone; and. if you think
H Is not fur onotigh. why, you will have no
artMv difficulty In reconstructing the Mil.
Ipptialljr 1 think the proposed law a most
mliaWe we. and I very sincerely wish it
n IMit through.
Has Enjoined Capital, Not Labor.
Am for the right of Injunction, it Is abnn
hmly nocpnnnry to hav- this power lodged
n ItM esHrt. though, of course, any abuse
aC tfa pwor is strongly to bo reprobated.
Dating tho fur anl a half yars that I
v.e boon president I do not remember an
tartanee wbere the Government has invoked
tfc rtrftt of InJURction against combina
Wiw of laborers. We have invoked It cer
taAnly a fcore of timeo against combinations
T ttapHal. I think possibly oftener. Thus
tlMMgti we have secured the Issuance of
tatfwiettotHt In a number of cases against
vs4aMHtic comMnatloiM. It has happened
tfcat we have never tried to secure an in
Jiiiietlait against a combination of labor. But
ill i I'tami me. gentlemen. If I ever thouglit
H ioeesarr: If 1 thought a combination of
tsUiarors was doing wrong, I would apply
for an injunction against them Just as quick
m against so many capitalists.
Nt Z come to the general subject of your
twtttt. I wish In the first place to state
m" riprej that you did not dlvorco eo much
C the potttlon as refers to the action of tho
ejAMtive from so much as refers to the
rUl) of the legislative branch, because I
niiMt consider at.y petition that you niako
tt reflects ujKn the co-ordinate branch of
tlie Government, or that makes any charges
whatever against it. I would not even re
eevo It save for tho fact that in part It
affests the executive. Therefore, in what I
1tMe to say I shall limit myself solely to
wat you assert, In reference to the acts of
Can't "Work El pi it Hours on Canal.
Yea speak of the eight-hour law. Your
twtttalsm. so far as it relates to the execu
ttre. bears upon the signature of the appro-
ynatten bill containing tho money for ex
pondlture on the Panama Canal, with the
proviso that the eight-hour- law shall not
xMsre apply. If your statement Is Intended
to mean that rV opportunity was given for a
MariRg. then the statement Is not In ac
cordance with tho faots. There was ample
opportunity that any one could be heard.
tt net a Ingle request for such a hearlnar
tuan to me. I received, however, some
Hundreds of telegrams and letters, request
ing the veto of the entire appropriation bill
lecause It contained that proviso. Frankly.
I found It difficult to believe that you were
writing and telegraphing with any kind of
knowledge of the conditions In the case.
I believe emphatically in the eight-hour
law rer our own people in our own country.
But the conditions of labor such as we have
to work with In the tropics are so abso
lutely different that there Is no possible
analogy between .them and an eight-hour
law for the Panama Canal Is an absurdity
Kvery one of you knows that we cannot get
uno iDor, cannot get iator or tne L-niteQ
states, to go down to Panama and work.
"VVe are driven to extremlUes In the effort
get any kind of labor at alt. Just at the
moment we are working chiefly with negro
labor I rem the West Indies. The usual re
suit In tho emplos-ment of these men Is that
.Monday and Tuesday they work falrlv well.
"Wednesday und Thursday there la a marked
falling off. and by Friday and Saturday not
more man a naix. somcumts less than
fourth, of tlie laborers will be at work.
Will Enforce Lrw at Home.
Tho cm4U8M tfca-L sake the eight-hear law
troz r. fcave jm &e4M raforaM t tfrJ.
conditions that make the right-hour law en
tirely Improper there. The conditions are so
"utterly different on the isthmus as compared
to here that it la Impossible to draw con
elusions affecting the one from what 1 true
about the other. You hamper me In th effort
to get for you what 1 think you ought to
have in connection with the eight-hour law
when you make a request that is Indefensible,
nnd to grant which wouM mean Indefinite de
lay and Injury to the work on the Itthmus.
As to the violations or the eight-hour law.
Mr. Morrison, you give me no .speciflcatlona.
At your earliest convenience, please lay be
fore me In detail any complaints you have of
violations of the eight-hour law. Where 1
have power. I will e that the law is obeyed.
All I ask is that you give me the cases. 1
will take them up. and.- If they prove to be.
sustained by the facte, 1 shall see that tke
law Is enforced.
Cliincsc Exclusion Effective.
Xow, about Chinese exclusion. The number
of Chinese now in this country Is. If I re
member aright, some CM) or 70,000. Po far
from there being a great Influx of the Chi
nese, the fact Is that the number bur stead-,
ily decreahcd. Then- are fewer Chinese ;han
there were ten years ago; fewer than there
were 20 -J ears ago: fewer than there were :
years ago. VnqueMlenaMy sim eorrw of
cases occur each year where Chinese laborers
get In, elthor by being smuggled over the
Mexican and Canadian borders or by coming
In under false certificates, but the steps that
we have taken, the changes In the Consuls
that have leen made within the last few
year In the .Orient and the effort to conduct
examinations Jn China before the Immigrants
are allowed to come here, are materially re
ducing even the small number of cases that
But, even as It Is, the number of these
oasea Is insignificant. There Is ho appreci
able Influx of Chinese laborers, and there is
not the slightest nor the remotest danger of
any; tho whole scare tbat has Iwcw worked
up on the subject Is a pure chimera.
Must Keep Out laborers.
It Is my deep conviction that we must keep
out of this country every' Chinese laborer,
skilled or unskilled every Chinaman of the
eoolie clans. This I what the jrowsed law
will do; It will be done a offectU-Hy as under
the present law; and the present taw Is being
handled with the utmost efficiency. But I
will do ex'crythlng In my power to make It
easier and desirable for the Chinese of the
business and professional class, the Ohlnese
tralers and tttudenta. to come here, and I
will do all I can to ftecure their good treat
ment when they come; and o laloring man
has anything whatever to fear from that pol
icy. I have the right to challenge you, as
good American citizens, to raport that !!
Icy; and In any event I shall stand unflinch
ingly for it, and no man can say with sincer
ity that on this or. Indeed, on any other point,
he has any excuso for misunderstanding my
Exclude Unfit Immigrant.,
You have spoken of th Immigration lan a.
I believe merely that not only all proper itps
should be taken to prevwit the Importation of
laborers under any form, but I believe that
this country" ought to make a restate effort
from now on to prevent the coming to this
country' of men with a standard of living so
low tlrat they tend, by entering Into unfair
comjtetltlon with, to reduce the standard f
living of our own eople. Not one of you can
go further than I will go In the effort stead
ily to raise the status of the American wage-
worker so long as, while doing it. I can re
tain a clear conscience and the certainty that
I am doing what Is right. 1 will do all In
my jKjwcr for the laboring man. except to do
what Is wnong, and I will not do that for
him or for any one else.
AVe must not lot our natural eontiment for
suocoring the oppressed and uafortunate of
other lands lead us Into that warned moral
and mental attitude of trying to succor them
at tbe expense ef pulling dotyn our own jeo
lle. aws slwuld be enacted to keep out all
Immigrants who do not show that they have
the right stuff In thejn to enter Into our life
on terms of decent equality with ur own
citizens. This Is needed flrst In the interceta
of the laboring man. but furthermore In the
Interests of all of us as American citizens; for.
gcntlejnen. the bonds that unite alt good
American cltizons are stronger by far than
the difference, which I think, you accentuate
altogether too much, between the men who
do one kind or labor and the men who do
another. As few immigrants, we cannot ha'e
too many of the right kind, and we should have
nunc at all of the wrong kind; and they are
of the right kind If we can be fairly sure
that their children and grandchildren can
meet on terms of equality our children and
grandchildren so as to try to be deent citi
zens and to work together for the uplifting
f the republic.
Hlplit of Petition to Conjrrcss.
Now. a word a to tho petitioning of em
ployes of Congress. That' stands In no shape
or way on a par with the petitioning of men
not employed by the Government. I cannot
have and I will not have, when I can pre
vent it, men who ar concerned In the admin
1 strati on of Government affairs going to Con
crews and asking for Increased nay without
the pormlesion of the heads of the department.
Their business la to come through tbe heads
of tho departments. This applies to postmas
ters, to Army and Navy officers, to clerks in
the Government departments, to laborers; It
(Concluded on Pege n.)
AMERICAN GIRI. TO "WED HEIR
TO A CORONET.
MIts Adelaide Randolph.
New York society was greatly In
terested In learning of the engage
ment of Miss Adelaide Randolph to
Lionel Lambart, of England, second
son of the late Earl of Cavan. The
news of the engagement was re
ceived by relatives of Miss Randolph.
Miss Randolph Is the daughter of
the late Colonel Arthur Randolph, of
England, who married Miss Edith
May. of New York, and who died
nearly 20 years a:o. His widow aft
erward married .the late William C.
Whitney and died six years ago from
the results of an accident received
while riding In Aiken. S. C. Lionel
Lambart was born In 1878 and Is &
retired Lieutenant In the royal navy
He is beir presumptive to the title
now held by his brother. Frederick
Rudolph Lambart. who is the tenth
Earl and who married In 1S9S Mis
Caroline Crawley, daughter of tbe lata
George Baden Crawley.
JU-'-'--- ---JLfJL9.A.K9A AAAiA
Shock Americans by Running
"Ladies' " Smoking
AWFUL, SAYS EVERYBODY
Gallant American Railroad Men He-
fuse to Believe ladlcs Smoke.
Story May Be Merely nn
Englltli Joke. -
CAR TOR "I.AOY" SMOKERS.
IXiNDON. March 21. The first
smoking-car ever reserved for wo
men In Great Britain left a Mg Lon
don terminus today for Liverpool.
The windows bore a label reading
"I-adles Smoking. The Innovation
attaetff the spread of smoking among
Englishwomen during recent years.
CHICAGO. March 21. (SpocIal.)-ChI-
cago people were amazed today when told
of the Kngllfh car for women smokers.
A suggestion that emulation might de
velop the same thing In the United States
met with Immediate deprecation on all
sides. Representative statements follow:
Mrs. Edward I.. Murfey. prominent
member of the Arche Club: "What an ab
surd suggestion that the women of Amer
ica would ever tolerate such a thing! I
think a 'ladles' smoker attached to any
train in this country w-ould most likely
go empty. Perhaps there Is smoking In
tho boudoir: I am sure I am not Informed
as to that, but In public women would
Thomas E. Mitten, president of the Chi
cago City Hallway: "That report from
London Is Indeed "hard to believe. I never
heard of women smoking In public bofore.
and this idea of a car being specially de
voted to their use seems preposterous. I
fail to see how the innovation could ever
be tried In Chicago or hereabouts."
Awful, Says Noted Gallant.
Colonel Samuel Moody, general passen
ger agent of the Pennsylvania railroad.
who has a reputation of 25 years stand
ing aa tho most gallant of passenger men.
was, horrified at the report. Raising; his
hat. majestically, "the Colonel said:
"I always take off my hat to women.
Just like that, but I could never do It If I
believed these dreadful storfes about their
fondness for the weed. So long; as I have
breath and the right to use It In Penn
sylvania affairs. I shall always protest
against following that alleged English In
novation. Id sooner sec the business co
to the New York Central lines, and that
would indeed be awful.
4V. B. Kniskem. passenger traffic man
ager of the Northwestern road. Is an au
thorny upon the subject of women on
the art of pleasing thorn in matters of
traveling, at least- "If what the papers
say Ih true." ho declared. 'English roads
are getting waj ahead of us. Of course.
I liave heard that women In New York
and other big cities in tho East do smoke
considerably, but I would hate to behove
3Iorc Appropriate in Paris.
W. J. Leahy, . assistant general pas
senger agont of the Rock Island, said
that Passenger Traffic Manager John
Sebastian had gone home with a head
ache after reading that Item. "1 believe."
declared Mr. Leahy, "that tho follow
who wrote that must have been smok
ing, een If the women were not. If he
had put a Paris date line on that story
It would have stood a better chance, but
London, nix. tou can't make me be
lieve London would stand for anything
like mat. Of course. I want to sav this.
that the Rock Islapd passenger depart
ment means to keep up with the time.
but I wouldn't like to have that taken as
"Is the Santa Fe considering the advis
ability of putting In smoking cars for
women?" said W. J. Black, passenger
traffic manager, repeating; the question
iou must nave nan an idea mat we
have some rails In Old Mexico, but we
have not. That's the only place I know
of where women make a practice of
eiiiuiwiiK- iur-iuiv, u uinHn ur woman
really wants to smoke when they are on
tne isanta tc tncy win find our new
smoking cars are good enough for any
one. I have seen colored women smoke
in them, and occasionally an Immigrant,
but I never expect to see an American
woman doing so."
.lust an English Joke
"Take my Up for It." said George Chart
ton, general passenger agent of the Al
ton, "that story I" an English joke, and
It's got about as much point to It as
an English joke usually has. I ought to
know, because I'm English. I don't know
everything about women, but what
don't know Will Davis does, and Will
said to me Just the other day that It was
all tommy rot about women smoking.
Perish the thought that the Alton should
ever insult the fair sex by providing a
public smoking car for their use. I'd ex
pect every woman In the country to boy
cott the road.
DID NOT CHARGE BRIBERY
Cummins Insists Railroads Fight
Primary Election BUI.
DE3 MOINES. la.. March 21. Governor
Cummins today answered the Gllland res
olution of Inquiry respecting the charge
made by Governor Cummins In his letter
to the Republicans of Iowa to the effect
that the railroad lobby has been working
against tbe primary election bill.
Ho stated that he had not charged mem
bers of the Legislature with being bribed
or the railroad lobby with corruption of
the members of the Legislature; nothing
he had said could be tortured into that
sort of meaning. But he maintained tlie
truthfulness of his charge that the rail
roads of the state arc Interested in defeat
in'; primary election legislation and have
worked against bills pending in the Leg
islature. Sea&ter GUiasd said, after ta-e meeeage
3vd jM& road t& tbe SewUe it also was
read to the House that It closed the In
cident, so far as he was concerned.
COX BEFORE GRAXD JURY
Dethroned Boss of Cincinnati Testi
fies on Graft Cases.
CINCINNATI. March 21. George B.
Cox. who announced his retirement from
Republican leadership In Hamilton County
at the close of the last campaign, was
one of the bank presidents summoned
to appear before the grand Jury today
to testify In regard to the payment to
the County Treasurer of Interest or "gra
tutltles" for the deposit of public moneys.
The other bank officials summoned In
cluded the heads of all banks in which
county funds have been deposited dur
ing the past few years.
This action was taken by County Pros
ecutor RuIIson, following up the Investi
gation by the Drake committee of tho
State Senate, before which County Treas
urer Hynicka and others testllled that tho
banks had been paying what amounted
to 2 to V.i per cent on fundi deposited
with them, such payments being- made
personally to some one In the County
Treasurer's office and that deposits would
not be made in any of the banks .untll
an understanding a iu v.
these gratutities bad been reported.
Checks for J25,0 and 535.0:0 to cover
the amount of interest estimated to have
been paid by them were yesterday turned
over to Mr. Rullson by County Treasurer
Hynicka. and Former Treasurer 'French,
respectively, each of whom promise! to
Day any additional amount If this was In
sufficient, the money to.be held until tne
courts had decided whether It belonged
to the county or to the officials per
sonally. Refuses to Grant Immunity.
COLUMBUS. O.. March 2L The Senate
defeated a bill granting Immunity to wit
nesses in legislative Investigation when
they may be Incriminated by giving testi
mony. The bill was designed to aid the
Senate committee in Its Investigation of
the nubile affairs of Cincinnati and Ham
ilton Counties. The bill lacked two votes
of a constitutional majority, and nn effort
will bo made to pass a similar bill, which
is still pending.
Rose Xomlnatcd Fifth Time.
MILWAUKEE. March 21. Complete
returns from j-estcrciays primary
elections for nominations on city tick
ets show that Mayor David S. Rose
was renominated for the fifth time by
the Democrats, having defeated Will
iam George Bruco by a majority of
116S. Shcrburn M. Becker will head
the Republican ticket, defeating Will
lam J. Flebnints by a majority of 6272.
CONTENTS TODAY'S PAPER
TrsTEnnArs Maximum temperature.
dec.; minimum, iz. 1'recJpuauen. o.us k
TODAY'S Occasional light rain, feeutherly
Algeclras conference active, on compromise
nlan. race 4.
Great strike of FreacH coal miners, rage 3.
British Parllamcru2feurea Mllner for flag
Klnc Chinese-""Fl"lia. ir
Great, distress tWrkrwsf earthnuaka in For-
mom'. ri 3VJn
TrosK'Wir consiltatloa grants very Testrlcted-
liberty, rage 2.
Russian workmen treat elections as farce.
rresldeBt declares polio en labor questions
to delegation of Federation leaders.
Judge Humphrey grants Immunity to Indl
vldual packers, net to corporations.
Senators debate rate bill. Pase 4.
Mrs. Storers Intrlcuea to make Ireland
cardinal. Page 3.
New York shippers accused of wholesale
underbllllng frauds. Page 4.
House committee of Congress declares
Federal supervision unconstitutional.
New York Assembly committee favor Wll
deferring elections of directors. Page
Hamilton defies New York Life Investigat
era. Page 5.
UntM-myer says Insurance surplus caused
railroad mergers. Page
Cummins denies charging railroads with
bribing Iowa Legislature. iag i.
Boss Cox before Cincinnati grand Jury,
Standard Oil official loses memory In Mis
souri. Page 5.
Railroad men condemn ladles smoking-cars
adopted In England. Page I.
Large earnings of Oregon railroads. Pag 3.
Miners' wage conference In session. Page X
Burns, to meet O'Brien on May 10. Paae
Spencer Is signed again by the Seals. Page
There will be six teams In the Paelfie
Northwest League. Pago T.
Drmarrst wins second prise In billiard
contest. Page T.
Mrs. H. E. Huntington married Sit year.
ucn raultl-mllllonalre husband for dl
vorce. Page fi.
Vincent St Jonn committed to Jail aJ.Tel
lurlde. Colo., without ban. Page 6.
Railroad survey Is nearly "completed to
Klamath Falls. Page 0.
Sheriff SutUrr'a at Wallace. Idaho, nar
rewly ecapes bullet o" man he arrests.
Commercial nnd Marine.
Advance In local sujrar market. Page 15.
California Sprlnc wool opens hljctftr. Page 13.
Fear of miners strike checks Irtfti and steel
burlness. Page 13.
Sharp break In New York Central stock.
Chicago wheat ' market weak on selling
Telegram from Engineer Modjeskl delays
settlement of bridge question. Pago II
British bark Bankburn chartered to bring
cargo of cement to Portland. Page H.
Portland and Vicinity.
Thieves seek to destroy evidence In Special
Inpector Neubauien's office. Page 10,
Property-owners must pay $30,000 bonus for
Council crest une. i-age n.
City Attorney tells In opinion how tocust
Bruin, Page Ji.
Dr. J. J. Flabcr Is reported out of danger.
John Barleycorn'a victims settle up In Po
lice Court- Page n.
Cold Creek coal to be brought to Portland,
making feel cheaper. Page 14.
John H. Jones, pioneer lumberman, dead.
Central Union W. C T. U. celebrates 25th
anniversary. Page 10.
Gaa Company leaves East Side streets in
wretched roBdJtioa. Page 11.
Stock Exchange will bo founded la Port
land. Page IS.
Oregon Labor Party Indorses Judge W. R.
Ellis for Congress and opposes John L.
Ttand. Page 10.
Committee outlines plana for reception to
Dr. Hyde. Page 10.
Medical Society tables lodge practice- resolu
tion. Page 16.
Marqaa Theater probably will soon bo
closed aad another playhouse built or
Itaaed by .eradicate. Page 18.
Traction franchise passed trp to Executive
Board to" fix cotapeasaUoa to city. Pago J.
Banfleld-Veysey heating fraacblio passes
Cotclt. Pago L
pul Xasa, allege aswrtlerer of J<a JCalsa,
arrested, soar Xaod Klver as iKmNrttt. to
Pity. Jailt 1
INCIIISES IIP TO
raction Ordinances Referred
to That Body to Fix Com
pensation to City.
'ASS HEATING FRANCHISE
Banflcld-Vcyscy Fuel Company's Or-
di nance Receives Favorable Vote
After Bitter Clash Between
Bnnficld and Sharkey.
SYNOPSIS OF COUNCIL'S ACTION
Both United Railway Company and
Willamette Valley Traction Company
franchises passed by unanimous con
sent to Executive Beard to tlx valua
tion thereof to city. Executive Board
will pass on measures tomorrow after
noon. Banfleld-Veysey Fuel Company fran
chise passed by vote of 10 to 5 after
warm words between President Ban
fleW and Councilman Sharkey, in the
course of which former un signifi
cant expressions regarding latter.
Mount Hoot Electric Company fran
chle passed to printing.
Drake C. O'Reilly makes application
for franchise to run cars on Front
street, substantially from Irvlnir to
Jefferson, on remarkably liberal termd
By unanimous consent, the franchises
of tho United Railways Company and
Willamette Valley Traction Company
were last, night passed up to the Ex
ecutive Board of the Council, after a
session of the body Instlng; from early
In the afternoon until far into the
night, and the Executive Board, at its
meeting: tomorrow, will bo required to
tlx the valuation of the two grants.
Thereafter they will come back to
the Council, and when the city's com
pensation has been Anally fixed, the
two franchises will be advertised for
0 days. They will then be In a po
sition to bo voted on and it will re
quire thcA approval of at least ten
members, or a two-thirds majority, of
the Council to adopt them, and in
case of the Mayor's . disapproval. 12
over his veto.
An adjourned meeting; of the Council
took up tho measures in the afternoon
and dovoted a great deal of time to
their careful consideration, the Wil
lamette Valley Traction Company
franchise being traversed section by
section, while a number of minor
amendments were also made to that
of the Vnited Railways Company, prin
cipally with a view ofmak!ng the two
harmonize. All reference to compensa
tion was stricken from the United Rail
ways Company franchise, and the two
measures will come before the Exccu
tlvo Board upon the same basis In that
Modifications wcro adopted makinc
Flanders street the Joint carline, and
omitting Berfitt from the route. In
fact all the changes were made after
the closest scrutiny, the -Mayor per
sonally takingpin active Interest In the
proceedings, atid frfyra time to time
offering suggesjipniegncernlng the
various propositions arising. Both
measures will soon be published in
fulipd will doubtless be the subject
of a great deal of local commcnCbc-,
fore they come up for final passage. !
Bniiflcld-Vcysey Ordinance 3?xsses.
By the rcqulrod ten votes, the Ban-fteld-Voyscy
ordinance for laying pipes
to convey both cold and hot air about
the city, as well as electric energy,
wns passed. Those voting In favor of
crantlnr the franchise to the fuel com
pany were Annand, Bennett. Dunning
Gray, Kciianer. Piasters, freaion. anop
hetd. Wallace and Wills, while those
who opposed It wcr Belding. Mene
fee. Rushlight. Sharkey and Vaughn.
The vote was taken after an animated"
discussion for and ngninst the measure.
Councilman Sharkey strongly op
posed the franchise In Its present
shape, explaining that It Is too loosely
Hrawn te truard tne interests of 4fea
city. He said that while those frJn-V
chlses were granted 25 years ago. the
city is not now in the habit of passing
them out on such easy conditions to
the applicants. While applicants for
other franchises were offering to pay
2 per cent of the gross earnings tM
the city, the Banfleld-Veysey ordinance;
only called for 1 per cent for the period
of 25 years. This, he said, was too
small a remuneration for the munici
pality. President M. C. Banfleld attacketbe
statement made by Councilman iMrs
key and said It was the most Jnconsld-v
crate statement he had ever -heard hlray
make. He was interrupted by nar-
kcy. but Councilman Belding got the
floor and said he opposed any franchise
that does not carry with it a bond to
complete tho projects proposed by tho
grantees. He contended this Is the only
way to look out for the city's interests.
Mr. Vaugjin attacked the ordinance,
saying he did not see the equity in
charging some people 2. per cent of the
gross earning of the corporation they
represented, while others were let oJ
with. 1 per cent, tie was opposed r
showing any preference, he said, as
there Is no way it can be Justified.
Mr. Mcnefce said there should be as
suranccs from the promoters that they
would carry out their plans and a bond
should be offered, but he thought the 2
per cent tax on the gross earnings exces
ehre, as ho explained this woeld be really
a tax on tho consumers in any event.
Mr. Masters Tseltcved. tat as- the Baa-
financed by local people, some concession
should be made. Tbe plan of supplying
cold air In Summer and hot air In Winter
was in itself an expensive proposition, he
contended, and he believed 1 per cent
taxls sufficient In view of the different
class of service proposed between this
and the other franchises assessed 2 per
Mr. Rushlight said there was no real
need for a bond, as the men asking for
the franchise are already here with tho
money needed to finance the project.
No Xccd for Bond, Says Banfleld.
M. C. Banfleld was given the floor and
disputed points raised by Councilman
Sharkey. He said there was no need for
bond, as his people have already pur
chased a $50,010 site for the plant, and tho
members of his company have $10,000,000
Invested in Portland. He has promised
the owners of some of the new buildings
now going up that he will heat their
structures by his system November 1, and
unless prompt action was taken by the
Council" he would lose the Summer's work.
The company, he said, is purely local.
nnd Is therefore entitled to some, consid
eration. He proposed to take the refuse
from the city mills and burn It in tho
proposed plant, for he said that with
waste amounting to 5G0O a month,- heat
could be supplied that now costs from
?33,C0O to J 10,000 a month in oil fuel. In
stead of sending this money to California,
where the Standard Oil Company get3 it,
It may a3 well be kept in Portland.
Sharkey Affronts 3ir. Banfleld.
Immediately prior to the agitation of
the Banfleld-Veysey ordinance. Coun
cilman Sharkey discovered President
Banfleld in the act of doing some mis
sionary work among the other mem
bers In behalf of his measure. Sharkey
became exceedingly personal in some
of his allusions to the episode and
finally attracted general attention by
suggestlng that If Mr. Banfleld wished
to do any more lobbying for his fran
chise he had better take some of the
Councllmcn out In tho corridors and
talk to them, and not Interrupt public
business on the floor of the Council
Banfleld was visibly affected by the
direct affront offered him, and was not
slow In handing it baqk to its author
"The reason I have not approached
Mr. Sharkey." said he drawing himself
up to his full height and casting a sig
nificant look In the direction of the
East Side Councilman. "Is because he
Is too expensive."
A burst of applause In the lobby of
tho Council Chamber followed thin
sally, and with a countenance pale with
emotion Shakey responded In his usual
Councilman Hits Back.
"Before Mr. Banfleld gets his fran
chise," he remarked in a contemptuous
tone, "he will find it more expensive
than ho thinks. If he imagines he Is
going to come Into a city and cart off
a franchise for the asking, he will And
he Is mistaken before he gets through
"I bolleve a man who Is honest at
heart would not come Into the Council
-andigrv from one member to another
stnd. imior.tunc.tr.eir.-aupport jrnr aw
franchise, lr it nan any merit it wouio
carry Itself through."
Sharkey's retort brought demonstra
tions of approval from the spectators.
who were evidently interested In see
inir a clash of some sort, but somebody
poured oil on the troubled waters and
the incident was temporarily closed.
What did you mean by tho state
ment that you would not call to fee
Sharkey because he is too expensive?"
M. C Banfleld was asked afterward.
Means Just? "What He Snitl.
"You will have to put your own con
struction on It." was the reply. "There
was no secret In whnt I said. I spoke
loudly enough and you can judge for
Have you seen Sharkey and are his
Ideas too extravagant?"
"No. T have not seen him in this
matter at all."
Do you mean that his reputation Is
such that you thought his price high?"
"You will have to draw your owjn
The Mount Hood Electric Company fran
chise was up for consideration, and was
finally passed after some quibbling rela
tive to certain amendments suggested by
City Attorney McNary. The latter had
been more stringent in orarting tne meas
ure than the charter required, and it was
this feature that President Cobb, of the
Mount Hood Company, objected to. He
claimed that the proposed amendments
might operate to place him in the power
Concluded-on Pajce 4.)
CROSSES OCEAX TO DODGE HER
MUd Billle Burke.
MIm "Billle." Burke, the English
comic opera singer, was forced to
cross the Atlantic to evado her nu
merous and ardent admirers. ( Even
then she Is not entirely successful, as
one particularly Impetuous youth
managed at the last moment to board
the steamer that brought Miss Burke
to this country and came with her.
The jouds man Is not the Marquis of
Anglesey, as waa reported, but an
officer In a crack regiment, who took
advantage of a few weeks' leave of
absence and followed Miss Burke to
her native land. Miss Burke is a
Washington girl. She Is emphatic In
denying that she la engaged to any
one and protests that she Is still
"fancy free." la the meantime the
yoang officer, Stanley Cary, is hurry
ing back to JLoBdos, a wise? If not a
PENALTY Of LAW
Judge Gives Immunity
CORPORATIONS TO BE TRIED
Testimony Under Compulsion
Saves Their Skins.
JOY AMONG THE ACCUSED
Garfield's Demand for Information;
nnd Declaration or His Power
Bars Prosecution for Viola
tion of Sherman. law, !
CHICAGO. March 21. All of tfia
packers who were indicted by the Fed
eral grand Jury last Summer upon
charges of being in conspiracy In re
straint of trade and commerce wera
today granted Immunity from criminal
prosecution under the Indictment,
Whilo the individuals aro to go free,
the indictments found against the cor
porations, of which aomo of tho Indict
ed Individuals are members and others
are employes, aro to stand.
Tho decision to tho above effect waa
handed down this afternoon by Judge
J. Otis Humphrey, in the United States
District Court. The arguments in tho
case wcro concluded shortly after 3
o'clock and Judge Humphrey at once
commenced the delivery of his opinion.
It was oral and the Judge spoko for
nearly an hour beforo giving tho
slightest indication of what the ulti
mate decision would be. Ho reviewed
the case at length in all its bearings,
cited all the essential facts which, had
been brought out and concluded as fol
lows: Individuals Go Free.
Under the law In this eone the Immunity
pleas tiled by the defendants will be sus
tained a to-lfio"lndtvldualt and denied as to
the corporatlona. the artificial persons, and
the Jury s.ll! find la favor of tho. Government
as far as the corporations are concerned and
against thd Government as far as the Indi
viduals are concerned.
During the rendition of tho decision
the court was crowded by the defend
ants and numerous spectators. Edward
Morris and Edward Swift were in court
and both smiled happily when the de
cision was announced. J. Ogden Ar
mour was not present, but some of tho
men prominent in the employ of Ar
mour & Co., who were among the In
dicted, wero there and their Joy was
great. When the Judge announced that
the Indictments would not lie against
thorn, they crowded together and com
menced to shake hands in mutual con
gratulation The attorneys for the de
fendants were also highly pleased nnd.
when the decision was announced, they
shook hands all around and then has
tened to the Jury box to shako hands
with the Jurors, who had been exclud
ed from the courtroom during all of tuo
arguments, made In the case and who
returned a verdict in accordance wlta
the directions of the court.
District Attorney Morrison, who was
in charge of the case for the Govern
ment, with the exception of the argu
ments by Attorney-General Moody, sat
with bowed head for a short time after
Judge Humphrey had concluded and
then walked over to the jury box and
also shook hands with tho Jurors.
Date for Trial Considered.
Tmmmiintolr following the dismissal ot
tho jury. District Attorney Morrison
raised the question of the. date lor tno
trial of the corporations. He asked that
the case be set for trial and that it com
mence within two weeks. This met with a
storm of protest from the attorneys for
the packers, wlio insisted that tney wouia
be unable to prepare for the case before
the Fall of the year, pleading the number
of witnesses whom It would be necessary
to bring to Chicago, tho strain of the
present trial, and various other reasons.
After some discussion. Judge Humphrey
directed that the lawyers agree among
themselves upon a date and notify him
of their decision next week.
Vast Number of Witnesses.
It Is expected that the total number of
witnesses in this trial will number at least
1600. The attorneys . for the packers de
clared today, when asking for a post
ponement of the trial, that their witnesses
would number 1500, and the Government
has already f aid that it would have 100
The court proceedings for the day wero
commenced by the argument of John S.
Miller, who had waived a portion of his
time in favor of Mr. Moody. He scouted
the. contentions of tho Attorney-General
saying that it was evident to the most
casual reader of the Interstate commerce
law that no distinction existed In that act
between evidence given voluntarily and
evidence given under compulsion. He de
clared that there could not be the slight
est doubt that the defendants in the pres
ent case were entitled to immunity.
Mr. Miller concluded his argument short
ly after 3 o'clock, and Judge Humphrey
at once commenced speaKing frqm the
bench, announcing his decision. Part of
the decision was as follows:
Law Regarding Immunity.
The defendants are Indicted under the Sher
man act, charged with a. conspiracy la re
straint oC trade. They have, pleaded that, as
to them, that act should he ewpeaded becausa
Concluded ob Page 3.).