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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Dec. 13, 1906)
THE riORNING OREGOXIAN. THURSDAY, DECEMBER 13, 1906. VERY SMALL HOLE TO GET THROUGH Standard Tries to Escape Punishment on Technicality. SAYS CONGRESS FORGAVE Pretends That Rate Law Repealed Klkins Law Against Rebates, but Government Tears Up Its Spider Web. CHICAGO, Dec. 12. (Special.) Standard Oil and the Miller doctrine of general for giveness for rebate givers and takers Btood under a raking; Are all of today trom the Government's legal guns. The proposition that the new rate law stopped ell possibility of prosecution under the old law was hammered by District At torney Sims, Special Counsel H. Wilker eon and Assistant District Attorney Hanchett In arguments which kept Judge "Land is attentive until night had fallen ' John S. Miller closes the arguments to morrow morning. Then it is up to Judge Landis, and upon his decision rests or falls the possibility of further prosecu tion of Standard Oil for Illegal rebating. The records of Congress and the history of the railroad rate legislation in the last session of Congress played an important part in the argument of counsel for the Government. Argument for Government. "Any construction of the law which .Imputes to Congress an Intention to pass an act of general amnesty and absolu tion," contended Mr. Sims, "is in conflict not only with the history of the times vbut with the act itself." The attack of the Government was .based upon the proposition that the rate bill as approved June 29. and the joint resolution of Congress approved June 30, extending the time for the beginning of operation of the act for 60 days, were for all legal purposes one and the same "legislative enactments. If the case goes to the Supreme Court for final adjudication, which is considered a probability in any event, the tribunal will be called on to determine the exact time that the rate law became effective, and in making this decision the testimony of the President himself and his secre taries will be of prime importance. -o Saving Clause for Kebaters. Mr. Sims contended that, even if It be held that, the Klkins law was repealed by the rate law. section 13 of the revised statutpg prevented the release or extin guishing of the penalties of the.Elklns law. Further, he held that section 10 of the rate law was not a "saving clause," as argued by Mr. Miller, but merely a direction as to manner of procedure ' In prosecutions brought under the law. The point was made by the District Attorney that, even If the Klkins law were repealed by the rate law. the sus pension of the rate law by the joint reso lution of June 30 revived the Klkins law, 'and that therefore the latter was In full force and action August 27, when Stand ard Oil was indicted In Chicago. Mr. Sims argued that the presumption was manifest, taking into consideration the Journal of Congress, that the Presi dent Intended that the rate law and the joint resolution should be regarded as parts of the, same executive act, notwith standing the difference in the dates. HEAD OF COAL TRUST GUILTY End of First Among Eighty Trials at Omaha. OMAHA, Dec. 12. After being out two days the Jury In the case of S. E. Howell, president of the Omaha Coal Exchange, charged in company with 79 other mem bers with maintaining a trust, in viola tion of the state law, returned a verdict of guilty' this morning. The case will be appealed. This Is the first trial under the indictment, which Includes practically every coal Arm In the city. The court has Indicated the, intention of trying each de fendant separately and the next case will be called Monday. . CLASH JN SAN FRANCISCO (Continued from First Page.) report had ever been made to this Gov ernment and at the Japanese Legation -the story was promptly denied. VIOLATION OF STATE RIGHTS Rayner Assails Roosevelt's Position on Japanese Question. WASHINGTON, Dec. 12. Much Interest was manifested today in the position de f ended by Senator Rayner in his discus sion of the Japanese question. He con tended that the inherent rights of a ,tate could not be violated by treaty any more than they could be violated by Congress. To support this he cited many cases adjudicated by the Supreme Court and arrayed long lines of emi nent authorities. Rayner also gave the cases and au thorities on the other side of the prop osition. Ho was Interrupted many times in his constitutional argument by Senators who wished to bring out specific points. Caustic criticism of President Roose velt's position prefaced Rayner"s discus sion of the constitutional questions Involved. If the military and civil forces of the Federal Government were to be used by the President. Rayner said, it. became very important to know the exact position of the President in the matter. "Because," he added, "it is quite a serious matter, in view of the great calamity that has lately befallen the city of San Francisco, for tho President to con template the bombarding of the city at this time, and to declare war against the board of county school trustees of San Francisco if there is no justification of pretext upon which such ferocious pro ceedings can be undertaken. The Presi dent Is exercising a great many func tionslegislative, executive and judicial, lawful and unlawful, constitutional and unconstitutional. "If he is possessed of the idea that he . is supervisor of all of the public schools of the various states of the Union, and he seems to be impressed with this Idea, because in the very last paragraph of his message he recommends the establish ment of shooting galleries in all of the large publio schools of the country, we must either disabuse his mind of this fancy or we must let him know that we agree to the omnipotence of his jurisdic tion. If he can take possession of the public schools of California and compel the state to admit to them Japanese stu dents contrary to the laws of California, he could with equal propriety send us an amendment to the Santo Domingo treaty and demand the admission of the negro children of Santo Domingo Into the -white schools of South Carolina or of any other state of the Union. "Of course, if the people have come to the conclusion that everything that the President recommends is right, then there Is hardly any use in contesting any of his propositions, and instead of conferring upon him the power to give Congress in formation of the etate of the Union, we might confer upon him the function of furnishing his own peculiar views upon the entire state of the universe, and rec ommending any improvements or changes in' the general plan of creation that he may deem expedient, from the cradle to the grave. In fact, the President, upon page 29 of his message, anticipates the cradle and makes a recommendation upon the state of the Union that tends to place in his hands the establishment of the birth rate of the country. Now If we can only supplement this function by giving him complete jurisdiction over, the death rate we will then have a rule-on which his ubiquity is uncircumscribed and whose unlimited possibilities are beyond the reach of human contemplation." Rayner coincided with what the President had said in his message ' in praise of the Japanese. His sympathies had, he said, been with them during the war with Russia, and he thought it a shame that Japan should have to be overpowered In the conference room when she had been victorious on the battle field. He proposed, he said, to discuss the present question entirely outside of the particular circumstances, and plant him self on these two propositions: 1. That there is no provision what ever in the treaty with Japan that con fers the right that the President speaks of or gives to the government of Japan the privileges that it claims In connec tion with the public school system of California or of any other state. 2. If there was such a provision in this treaty or any other treaty confer ring this right, the treaty would be void and without any authority upon the part of the United States to make it, and in violation of the Constitution. "The precise point involved," he said, "is the tenth article of the Constitution that powers not delegated to the United States by the Constitution nor prohibited by it to' the states are reserved to the states respectively or to the people." Continuing, Rayner said: "The power of a state to regulate its public school system is clearly among its re served powers. Have we, therefore, a right to provide in a treaty that the citizens of foreign lands shall possess privileges in a treaty that are prohib ited either by the constitution or by the laws of the state in which they are claimed? If we can, in defiance' of the laws and constitution of a state, incor porate any such provision in a treaty so as to bind the state, then we can undoubtedly deprive the state of every reserved right that it possesses and re scind and annul its law and its Con stitution whenever they come in con flict with the treaty-making power. I trample upon this appalling doctrine. If ever such a deformity as this should creep Into our judicial decisions it would disfigure the Constitution to such an extent that its features would no longer be capable of recognition. It would annul the charter; it would frus trate the intention of the men who framed it; it would undermine the en tire framework of the instrument, and it would convert us from a constitu tional government into a dictatorship, with the states in abject servitude to the Federal power, and with the execu tive in practical control of the destinies of the Republic." GOVERNMENTS FULLY AGREE Japanese Foreign Minister Wants American Constitution Revised. SEATTLE. Wash.. Dec. 11. The latest Kobe Herald received in America gives the view of Viscount Hayashi, Japanese Foreign Minister, in regard to the ques tion of Japanese citizenship in the United States. The Herald says: "In accordance with the arrangement mentioned in our last issue, a deputa tion of members of Seiyu Kai waited upon Viscount Hayashi, the Foreign Min ister, on Sunday morning, to convey to the anti-Japanese-movement in San Fran- Cisco. A deputation from the Ken Kenzl Honto was also present. The viscount i assured them that the Japanese and American governments were entirely at I one in their views as to the San Fran- Cisco difficulty. The Tokio authorities are therefore limiting their action to provid ing the American Government with the necessary Information to enable It to ar rive at a settlement of the trouble as eoon as possible. "The Viscount also said that the gen eral public opinion in America was fully in agreement with the attitude of the central government. In conclusion Vis count Hayashi said that he earnestly be lieved that the United States authorities would take advantage of this opportunity to revise the Federal constitution, if such a course was found to be necessary. Japanese Pour in From Mexico. EL PASO, Tex., Dec. 12. The number of Japanese, applying for admission to the United States through this port has noticeably Increased within the last ten days. Today 37 Japanese applied for ad mission. They are, according to the im migration officers, pouring into the Unit ed States from Mexico through the port of Eagle Pars and Laredo, claiming to have come to Mexico as laborers and to have become dissatisfied with the con ditions and their treatment there. Metcalf's Report Tuesday. WASHINGTON, Dec. 12. President Roosevelt has decided to send on Tuesday next the report made by Sec retary Metcalf, of the Department' of Commerce and Labor, into the alleged discrimination against the Japs In San Francisco. COX INNOCENT OF HERESY No Sin for Rector to Express Sym pathy With Crapsey. CINCINNATI, Dec. 12. Rev. George Clarke Cox. rector of Calvary Episcopal Church here, was tonight acquitted of the charges of heresy by the standing com mission of the Episcopal diocese of Ohio. The case had its origin in a letter written by Mr. Cox to Bishop Vincent, in which Mr. Cox declared that his sympathy was with Dr. Crapsey, of New York. Argument on Caruso's Appeal. NEW YORK, Dec. 1. The appeal of Enrico Carjiso, the tenor, from his con viction on a charge of disorderly con duct toward women in .the monkey house at Central Park came up before Recorder Goff today. No new evidence was taken, the proceedings being 'lim ited to arguments by attorneys. The attorneys on both sides were given until Monday to hand in briefs. Robson's Sister May Be Insane. NEW YORK. Dec. 12.-Mary Stuart Nevison. an actress aged 58 years, and a sister of the late Stuart Robson, was re moved tonight from the Hotel Nor mandlo to Bellevue Hospital, where her mental condition will be Inquired into. Rrd Eye and Eyelids, Weak Eye And Tired Eyes Need Murine Bye Tonic ORIENTAL RUGS Are just splendid things for Christmas gifts. Come up to our carpet- department, and see the splendid assort ment we have to show you. Genuine importa tions, priced lower than anywhere else. UP WORTMAN FIFTH, SIXTH AND WASHINGTON STS. CRAY WOOL BLANKETS Maybe you wouldn't have thought of Blan kets as presents, but a pair of our wool blan kets would make a mighty acceptable pres ent, just the same. Priced at the pair. $3.25, $4, $5 and up to.$8.50 Santa Claus Says That Thursday Is Doll Day GIRLS HAVE THEIR INNING THURSDAY, AND WE'RE GOING TO GIVE THEM A DOLL DAY THAT WILL MAKE THEM ALL COME IN HERE AND SELECT ONE OF THESE PRETTY LITTLE LADIES TO "MOTHER." WE'RE GOING TO MAKE A SPECIAL DISPLAY OF DOLLS, HAVE HUNDREDS OF THEM OUT FOR YOU TO LOOK AT, AND WE WANT YOU TO COME AND SEE THEM, ANYWAY, WHETHER YOU WISH TO BUY OR NOT. FIRST, TO GET YOU INTERESTED, WE'LL TELL YOU OF TWO MIGHTY GOOD SPE CIALS ON DOLLS READ ABOUT THEM. JOINTED DOLLS, with shoes, stockings and chemise ; light hair, goes to sleep ; 17 inches long, and regularly worth 65e each; f Q special at 0 Dolls, dressed in. sailor suits; have 2i?C brown hair and eyes ;" selling at 35c. r?Er DOLLS, dressed in blue checked i & C Eton Suits, with hats to match gown, others with pink dresses and hats to match, 75c. d1 lTf DOLLS with light natural hair, p M. miJJ blue eyes, and dress of white eta mine, over blue. Hat to match. Price, $1.50. fifp )) DOLLS, with dark hair and eyes, if)&JJ dressed in white, with muff to match; others have pink lace dresses, trimmed in narrow ribbon; very pretty and stylish dolls; price, $2.00. ft A CZ( LARGE DOLLS, with brown hair V " and eyes, dressed in figured or gandie, trimmed with narrow -ribbon. Hat to match, and white shoes and hose, $4.50. DRESSED DOLLS, with dark hair and blue eyes; dressed in pink, and dress is trimmed with lace, braid and embroidered chiffon. Slip pers and hose to match dress. Reg- Qj ularly $1.00; special 0T DRESSED DOLLS, pink, blue and wfC white dresses, trimmed with lace, hat and shoes to match ; a splendid value, at 25c. Q. DOLLS, dressed in very pretty styles, &JC with lace flounced skirts, and fancy blouses, bats to match; have dark hair and' blue eyes, 90c. O ff DOLLS, with dark hair and PJ ell brown eyes, dressed in light blue silk, trimmed with cream silk, lace, large hat to match; light blue slippers and hose. Only $3.00. $4 Cf LARGE DOLLS in yellow chiffon dresses, with large hats trimmed with chiffon and plumes; a beautiful dtfll for $4.50. Lace Curtains $3.25 Real Cluny Lace Curtains, in a rousing sale this week. Here by the hundreds of pairs. New and beautiful patterns; come in white or Arabian color; heavy edges. A lot of over a thousand pairs on sale". Several grades; $4.00 f O grade, only pJ.iJ $4.50 grade now... $3.65 $5.00 grade for ...... 3.95 $6.00 grade for .7 $4.75 $7.50 grade for ....$5.05 $9.00 grade for ' ,87.15 $12.50 grade for $9.95 Superb Silk Spec Is Thursday 19-INCH WASH TAFFETA, and it's the famous Imperial Wash Taf feta, too; comes in black, white, cream and all the wanted col- CQ ors; selling very special for Thursday, the yard. BLACK TAFFETA SILK in three widths, priced in special way for Thursday, too. It's the depend- BLACK PEAU DE SOIE, of ex ceeding richness and luster, on sale at splendid special prices that will be of no small interest to Christmas shoppers. It's priced like this: Regular 85c grade for... 69c Regular $1.15 grade for. . . 93 Regular $1.50 grade for... $1.33 Regular $2.00 grade for... $1.59 able kind, that this store always sells, and the prices show good, substantial savings: 7oc grade, 19 ins. wide.. 58 $1.10 grade, 24 ins. wide.. 89 $1.50 grade, 38 ins. wide.. $1.24 $2 Silk Hose, $1.39 How's that for a special on Christmas Hosiery? Rich black silk Hose, full finished, with spliced heel and loe, and double sole; regit- C 1 OQ Iarly $2.00 for pi.JiJ WOMEN'S SILK HOSE, in pink, blue, black, tan. cardinal and lavender; a regular 01 OQ $2.75 quality, selling for, pair V- .OZ WOMEN'S BLACK SILK HOSE, with embroidered boots, rich looking and new; a regu- CJO TJ lar $:?.50 Hose; special at 1 WOMEN'S BLACK SILK LACE HOSE, in pink, blue, tan. gray, black, while, with garter tops; a splendid $:5.00' quality ; selling Thurs- P 1 QO day at, the pair tpl.isO ANY RAINCOA T IN THE STORE EDUCED 25 PER CENT Second-Floor Suit Salons) Any Silk Raincoat or Cravenette to go at One-Fourth less than the regular price Thursday. It doesn't make any difference what the regular price was, the price Thursday will be just Three-Fourths that amount. Orig inal price marks remain on the Coats, just as some of you have seen them, and all you need is Three-Fourths that sum. The Silk Coats come in plain solid colors, or fancy stripes and checks. The Cravenettes come in plain colors and fancy herringbone stripes or invisi ble plaids. The" Cravenettes have been selling at $10, $12, $15 and up to $38.50 each. The Silk Coats for $22.50 to $42.50. Now we take One-fourth off of the price of any of them for the balance of the week, beginning Thursday. $10 Raincoats now selling at $7.50 $12 Raincoats' now selling at ' $9.00 $15 Raincoats now selling at $30 Raincoats now selling at $22.50 n $11.25 THE GREATEST RAINCOAT SALE OF THE YEAR ONE-FOURTH LESS THAN REGULAR n SURPRISES THE GAMBLERS JEROME BATTERS DOWN DOORS AND MAKES BIG HAUL. Refuses to Accept Bail Under Ficti tious Names and Keeps Nearly All 145 Men in Jail. NEW YORK. Dec. II. Led by Dis trict Attorney Jerome, 53 policemen and detectives tonight raided an al leged gambling-house in Tenth street and arrested 145 men. The doors were battered down with iron rails. The new tactics of the District At torney were apparently a great sur prise not only to the prisoners, but also to the lawyers and bondsmen who flocked to the station to bail out the prisoners. Fictitious names are often given fol lowing such a raid, but tonight the District Attorney instructed the ser geant at tho police station to require the bondsmen to take oath that the prisoners' names and addresses given at the station-house were correct. Al though lawyers appeared at the station-house with bondsmen, the ser geant remained firm, and in nearly every case the bondsmen refused to give bail. The result was that at a lata hour the majority of the 145 men were still held in cells at the station. BLIZZARD IN MONTANA Mercury Falls Below Zero and Snow Storm Rages. HELENA. Mont., Dec. 12. A cold wave from Canada struck Montana this morning, accompanied by high winds and a fine, drifting snow. At Havre it is below zero and snowing fiercely. At Great Falls it is four above and growing colder. At Helena there has ben a drop of 28 degrees In the tem perature in the last 24 hours, and it is still going down. The storm is trav eling eastward and reports 'from Bill ings and Miles City say the mercury is going down to zero and it is beginning to snow. Stockmen and sheepmen fear no losses, as they have plenty of hay on band to withstand a siege of cold weather unless their herds begin drift ing with the blizzard. SENATOR CLARK WINS. Los Angeles Case With Sensational Features Heard on Demurrer. LOS ANGELES, Dec. 1. An echo of a big franchise deal in Los Angeles in 1U02 which failed, and has involved the name of Senator W. A. Clark, of Mon tana, and the sum of $17,700, was heard in the Superior Court today when Judge York sustained the demurrer of Senator Clark to a suit brought against him for JSSS5, or one-half of above amount. The suit was brought by H. Lee Davis, as ad ministrator of the estate of W. S. Hook, late president of the Los Angeles Traction Company. It was alleged by the plaintiff that the Montana Senator secured from Hook in 1902 an option of one-half of the shares of the Los Angeles Traction Company and that, acting under the terms of this tentative proposition. Cook had asked and secured from the City Council a blanket freight-carrying franchise in the city, which proposition, however, was vetoed by Mayor Snyder. Senator Clark then declined to exercise his option for the purchase of the trac tion stock. The administrator of the Hook estate now avers that the sum of $17,790 was spent by Hook in the effort to secure the franchise and that Senator Clark is obligated for half this sum. Senator Clark's1 demurrer to the Bult was sustained today on the ground that the Hook estate must specify how this amount of money was spent. HAU ATTEMPTS SUICIDE Accused Professor Watched to Pre vent His Cheating Law. LONDON, Dec. 12. Owing to the fact that the evidence regarding the death of Frau Molliter had not arrived here from Germany, Professor Karl Hau, of Washington, who was accused of mur dering the woman, his mother-in-law, was again remanded for a week today at the Bow Street Police Court. Hau is being closely watched, as the police fear he may attempt to commit suicide. His guards yesterday detected him adjusting a necktie around his &$iQ$fl&$&&$$$$$$&Q$'$'9K2M&i!r,& 9 Consumption is less deadly than it used to be. Certain relief and usually complete recovery will result from the following treatment : Hope, rest, fresh air, and Scott's E,Tnulsion. ALL DRUGGISTS I BOo. AND SI.OO. Ml neck, and assert that he was about to strangle himself. The prisoner, how ever, assured his counsel that he had no such intention. The prisoner this morning made ap plication to the magistrate for $350 with which to pay creditors at Wash ington, who. he said, are pressing him. The magistrate promised to consider the application. Canning Plant Burned. GREENWOOD, N. C, Dec. 12. The vegetable canning factory of J. P. Polk & Co. burned today. The loss Is estimated at $220,000. Cai.MiRiui'i'':iiiim!);n'tC;ini,'rT!imKtrMirii:iiiif1 IE' m i is Open a Box for the Children Leave it where they can reach it. Watch them gain in weight. Watch their cheeks grow ruddy with health and life. Uneeda Biscuit are the only Soda Crackers the most nutritious food made from wheat, therefore the most wholesome food for children. 0 In a dust tight. moisture proof package. NATIONAL BISCUIT COMPANY i