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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (March 6, 1908)
THE MORNING OREGOyiAy. FRIDAY. MARCH 6, 1908. t RAILROADS SIDE OF LUMBER CASE Contend Low Rates Will Pre vent Building of New Roads. BIG PROFITS ON LUMBER 'Kerr Give Figures on Mills Cotton Ripfl Tp Teal's Argument and Says Trust Alone Gains f by Low Kates. U&EGORTXX- NX"VTS "Bt'R EXu; "vTasT Jngion, March 6. Argument of the Pa cific Coast lumoer case was resumed be fore th? Interstate Commerce Commis sion this morning. J. D. Kerr, repre senting th Hill roads, frankly Mated that the Northern Pacific and Great Northern have reached their capacity for handling traffic. He said as the. devel opment of the North weft continued, traf fic would grow. Therefore existing roads muft increase their capacity or new roads must be hnilt, but he declared no new roads would be built to haul lumber wn les they had a guarantee of a rate that would be remunerative. If the old non compensatory lumber rate is continued in effect, money cannot be procured and railroad building will stop, he said. Booth-Kelly's Profits large. Mr. Kerr denied that the lumber men would be Injured by an Increase in the rate. They can absorb the increase and still make a handsome profit, he de clared. The Booth-Kelly Company in Oregon, which Is not operated under fa vorable conditions, could, on the basis of an advanced rate, still earn 31 per cent annually on Us Investment. Some com panies could make larger profits, others not so much. Relative to the arguments that lumber cannot move Into competitive territory under an advanced rate, Mr. Kerr showed that the St. Taul & Taeoma Lumber Company, of Tacoma, paid 65 cents into this district for years and made good profits. This is higher than the proposed new rate. W. W. Cotton, representing the Harri man system, began his argument shortly before the noon recess. He showed up all manner of inconsistencies and Inaccura cies In the brief and argument of J. N. Teal which undermined Mr. Teal's con tention that the railroads are making too large a profit under their old schedules. Cotton Gives Teal Hard Knocks. Mr. Cotton said that if the Harriman system, as contended by Mr. Teal, is making more than a fair return on its Investment, then the entire schedule of rates should be readjusted and not alone the rate on lumber. He denied that the Harriman lines are securing more than a fair compensation, however. Mr. Cotton concluded his argument with a strong appeal in behalf of the Increased rate. He declared that under the old rate only high-grade lumber and larg timbers could be profitably sold in Missouri River and Eastern markets and that the commission could not with justice establish a rate which would en able Pacific Coast mills to put their low-grade lumber In these markets, over yin miles, from home, where it would compete with similar grades of Minne sota and Southern pine, not more than ftOO miles distant. Would Only Benefit Trust. Moreover, he contended that the re turn to old rates Would not benefit the lumber manufacturers, but would solely benefit Mr. Weyerhauser and other large owners of stumpage In the Northwest. They today are getting JtS stumpage for the HAirm grade of timber that can be bought In the South for $2.36. This, he argued. Is another salient reason why low-grade lumber from the Coast cannot compete- In the Missouri and Mississippi Valley with a similar grade from the South. Sustain the new rate, he said, and the Timber Trust will be forced to reduce the price of stumpage perma nently, as It has temporarily done since the slump began. The case was closed with a brief argu ment by A. E. Griffiths on behalf of the lumbermen. Roads MuM Protect Employes. HELEN' A. Mont.. March 5. The State Hoard of Railroad Commissioners today passed a regulation requiring railroads operating mixed train service to put all cars, save coaches, diners and sleepers, ahad of mall and baggage cars. The purpose is to protect employes in the postal and baggage cars in case of wrecks. Railroad Must Pay Loss. 1IKLF;NA, Mont.. March S. The Su preme Court today affirmed the decision of the Yellowstone County District v-ourt in awarding heavy damages to E- C. Hussel! as against the Chigaco. Burling ton & Qulncy Railway for loss sustained by reason of delay in forwarding a live stock shipment to Chicago last Fall. M'COURT TO BE ATTORNEY (Continued From First PRe. pressed at the prospect of his removal from the city. McCourt has nothing further to say con cerning the prospects of his appointment than that if appointed and confirmed he will accept the office. The honor is particularly gratifying to Mm. since It came without any fight hav ing been nmde on his part. He did not srnd a single recommendation to the del egation. John McCourt was born in Canada, T-bruary 2S. 1S7. his parents moving to California the same year. He went to Salem. Or.. In 1M and attended the Wil lamette University, of that city. In l?3ti he was graduated from the law depart ment of that institution, be can the prac tice of his profession, being associated with Jay Bowerman. now State Senator from Gilliam County. He remained In Salem until when he came to Pend leton, where he has since resided. He formed a partnership with John J. Bal liry, which was terminated by the death of the latter In l!i3w In the same year he became associated with -istrlct At torney G. TV. Phelps, his present part ner. He was a member of the special session of the Legislature of ISPS and of the reg ular session of ISf. being a Representa tive from Marion County. At the spe cial session he voted for Joe Simon for Vni ted States Senator. He was married to Miss Veva Boothby, of Salem, in and they have a famiiy of two children. fw Washington National Banks. OUEGoNI AN NEWS BCREAV. Wash tngton, March 0. The following Wash ington banks were today authorised to begin business: The First National Bank, of Odessa. with $:..00o capital: C. H. Clodus. president: Mr. Schaffer, vice-president; Wllham P. Christensen. cashier. ! The First National Bank of Was li ttle n a, with $".0,000 capital; W. R. Cun nincrhn.m. president: O. H. Green, vice president; William A. Pearce, cashier. BONAPARTE ASKS FOR ACTION Says Congress Should Authorize Suit to Recover Land Grants. O A EG ONI A N NEWS BUREAU. Wash ington, March n. At the earnest solici tation of Representative Hawley. Attorney-General Bonaparte appeared be fore the House subcommittee on pub lic lands today In behalf of the Fulton resolution authorizing the Department of Justice to bring; suit agamst the Oregon Sr California Railroad Company to adjust its land grant. Mr. Bona parte informed the committee that he strongly favored the adoption of the resolution without amendment, as its adoption wiil enable the department to make Its case complete and do thor ougn justice to all parties interested. Unless the resolution is passed, he said, the court before which suit Is to be brought might not admit all the facts which the Department wishes to present in evidence. A further hearing will be had next Thursday, at which Mr. Hawley, B. D. Towns end and possibly other repre srntatives of the Department of Jus tice will he heard. It is expected that this will be the final hearing and that it will be followed by a prompt favor able report on the resolution. Representative Fordney, of Michigan, also addressed the Commission. He ad vocated an amendment to the resolution to provide that innocent purchasers of granted lands and of railroad bonds se cured by them should not be made to suffer through institution of such suits. The hearing will be resumed March 12. Reappoint Four Postmaster. ORKGONIAN NEWS BUREAU, Wash ington, March 5. After the settlement of the District Attorneyship, the Oregon del egation in Congress today recommended the reappointment of the following Presi dential postmasters: Alfred F. Jinegar, Coquille; Robert H. Waller. Bandon; A. M. Woodford, Medford; John F. Miller, Jacksonville. Gil LOfj BURIAL Body of Anarchist in Potters' Field. POLICE SEARCH FOR PLOT ANOTHER GOULD LINE FAILS RECEIVER NA5IED FOR WEST ERN" MARYLAND ROAD. Intended Eastern Tidewater Termi nus of fir eat System Cannot Pay Interest on Bonds. B A TjT I MORE. March 6. After the close of court today a bill was filed in the United States Circuit Court by the Bowling Green Trust Company, of New York, asking the appointment of receivers for the Western Maryland Railroad. Judge Thomas J. Morris appointed Presi dent Benjamin F. Bush, the railroad hav ing filed an answer admitting: the allega tions In the bill of complaint and assent ing to the receivership. The allegation of the Bowling Green Trust Company is that the "Western Mary land will be unable to meet fixed charges due April 1, amounting to Jl.250.0fl0. Mr. Bush gave bond as receiver In JlOO.OfO. He succeeded Winslow S. Pierce as president of the road about a year ago. The proceedings came as a surprise. Not the slightest indication that they would be taken had reached financial nor legal circles during the day. The Western Maryland was purchased in 1902 for 18.000.000 by what was known as the-Fuller syndicate for the Gould in terests. At that time the road was in debted to Baltimore City on account of the mortgages and accrued- interest to the extent of J12.O0O.OOO. At the time of its purchase the road ran from Baltimore to Cherry Run. about 0 miles from Cumber land. At Cherry Run it connected with the Baltimore & Ohio Railroad. Since that time the. Western- Maryland had been extended to Cumberland, to connect at that point with the West Virginia Central Railroad, previously . acquired by the Gould interests, thus tapping very rich coal territory. There has been built a line about 0 miles long from the Northwestern suburhs of this city to Port Covington on the Pa tapsco River, thus bringing the Western Maryland to tidewater. It was announced that the. Western Maryland was to be the Kastern end of a great transcontinental system, of which the Wabash Railroad and other Gould lines were to form parts. Arrest of Harry Goldstein With Trunk of Anarchistic Literature Only Development in Cam paign Against 'Reds." CHICAGO. March 3. The body of Lazarus Averbuch. the young Russian Jew who tried to take the life of Chi cago Chief of Police on Monday, was buried in the potters' field. The assas sin's sister. Olga Averbuch. her resources exhausted, gave reluctant consent to. the Interment yesterday, and in the darkness tonight, with a dreary rain pouring down, upaccompanied by friend or rela tive, tne corpse or tne unrorcunate youtn was taken to Dunning, the sit of the county poorfarm. and there, by the light of lanterns placed in the grave that had been prepared, to be henceforth desig nated by a number in the county records. Picture Taken With Body. Following her release from custody of the police at noon, Averbuch's sister made attempts to have her brother's body given burial according to Jewish rites. A number of undertakers were communicated with in her behalf, but all declined to take charge of the body. Ap peal was made to several rabbis, with like result. Coroner Hoffman then a; ranged for the disposition of the body. Before It was taken from the morgue. Miss Averbuch asked and was permitted to have a photograph taken of herself, with her arms about the neck of her brother's body. This done, she was led away, sobbing, and later, when she re covered her composure, was taken to her home. Search Tor Conspiracy. Efforts of the police during the day V uncover a possible conspiracy in connec tion with the attempted assassination met with little success. Tn the seisure of a trunk full of literature belonging to Harry Goldstein, the authorities believe they have important evidence of Goldstein's affiliation with anarchistic societies, but there was nothing bearing upon the at tempted crime. One of the first effects of the united action of various branches of authority to suppress anarchy was the cancellation of all engagements for Emma Goldman to speak here. Owners of halls where she was to appear were notified that such meetings would not be permitted, and acted accordingly. All day the police searched for Miss Goldman, who was reported to be in the city, but up to a late hour tonight, she had not been located. Assistant Chief Schuettler said that he had no Inten tion of arresting her, however, unless she violated the law. which It Is be lieved she now will not attempt to do. ROAD VXABLE TO MEET LOAN'S Western Maryland Directors Apply for Receiver. NEW YORK, March 5. The application for a receiver for the Western Maryland Railroad followed a meeting of the board of directors held here yesterday, at which a communication from President B. F. Bush was read, reciting the financial needs of the company, indicating that it was unable to meet loans due on April 1, next, artd calling attention to the com modity clause of the rate bill, effective May J. which makes It unlawful for any roalroad company to transport as inter state traffic any commodity or product In which it may have any Interest. Mr. Bush, in his statement regarding the law, says: The general Hen and convertible mortgage of the company is In greater degree than the stork vitally Interested in the preservation ef the coal revenues of the company from the adverse conditions of the commodity clause of the rate bill. The coal properties of this company are a material part of the security for the company's mortgages, and the revenues from Its coal business cannot be sacrificed or seriously diminished -without materially affecting its income applicable to its junior securities. The law cannot be generally observed. In the extreme con struction to which it is susceptible, without either the wholesale marketing of coal lands, impracticable except at appalling loss to proprietary and mortgage interests, or a restriction of production to the fuel re quirements of the roads, entailing vast loss of revenue to them and inevitable ex actions from the public. I think it must be clear that the law cannot be ignored until it has been declared Invalid by the courts: that It cannot safely be treated as inapplicable except with the sanction of the court and that, if valid, the realization of the company on the coal in terest cannot be safely and conclusively remoided except with the approval of the courts. 1 recommend that the trustee of the general lien and convertible mortgage be apprised of the situation and the considera tions here stated. The general Hen and convertible mortgage, by its terms, con templated surrender of possession to the trustee in any contingency making this ac tion Jus or desirable in the Judgment of the company. For the reasons stated, it appears that such a contingency as here contemplated, exists. The directors approved the recom mendations and the proceedings for a re ceiver by the Bowling Green Trust Com pany. the trustees of the general lien and convertible mortgage, followed today. Sails for Magdalena Bay. SAN FRANCISCO. March 5. The United States cruiser South Dakota sailed last night for Magdalena Bay. where the crew will engage in its first target practice. The South Dakota is carrying supplies for the Axlantic fleet. J TAKE CEXSTJS OF FOREIGNERS Aliens in Prisons and Asylums May Be Deported. NEW YORK, March 5. For the second time since the passage of the new im migration law tn 1303, details of immi gration Inspectors hava started out to take a census of the prisons. Insane asy lums, reformatories and charitable in stitutions of the country to collect sta tistics relating to the number of aliens in these institutions and those who hava become public charges. The order direct ing the details came from Frank P. Sar gent, Commissioner-General of Immigra tion. In official circles it is admitted that future immigration legislation of a radical character may result from the reports brought by these investigators. The sending of the investigators, It Is said, is the first step in the war the De partment of Commerce and Labor will wage against anarchists and members of pernicious secret societies. Under the law an alien can be deported if he be comes a public charge within three years after landing. It Is believed that a large percentage of the aliens now depending on charity have not been in the coun try three years, and therefore whole sale' deportations will likely result. TAFT LOSES IN NEVADA Proxies Will Be Used to Indorse Hughes. ' RENO. Nev.. March 5. (Special.) It looks as though Taft had been euchred out of the Republican indorsement in Nevada. L. M. Blakeslee returned today from a tour of the state with enough proxies in the state central committee to control the primaries. Blakeslee is a Southern Pacific agent and an anti-Taft man. He made the tour of the state for the special purpose of getting enough delegates to beat Taft. The Taft element, headed by George Springmeyer, will make a bitter fight, but the advantage is all with Blakeslee. It is stated that Hughes will get the benefit of the Blakeslee proxies. JOHNSON DELEGATES CONTROL Minnesota Committee to Launch Governor's Presidential Boom. ST. PAUL, March S. The Dispatch to dysays: One of the biggest political meetings in the history of Democratic politics in Minnesota, is expected tomorrow, when the members of the Democratic state cen tral committee gather in St. Paul to fix dates for the coming state conventions and arrange plans for the campaign. The committee is composed oi 86 mem bers and it is expected that each will be represented, either in person or by proxy. In fact, proxies have been eagerly sought by the followers of Governor Johnson- the one idea being to prevent their falling into the hands of the Bryanites. Members of what Is known as tne Gov ernor's "kitchen cabinet" credit the com mittee with nine out-and-out Bryanites. The members, it Is said, will make stren uous objections to any Johnson indorse ment, tout they are so far in the minority that their protest, beyond making trouble, will avail them nothing. It was rumored today that the commit tee meeting would be the opening gun in Governor Johnson's campaign for the Democratic Presidential nomination. If it is. he is not taking any hand In the preliminaries, it being Indirectly the work of his admirers. HUGHES VICTORY IX NEVADA State Committee Refuses to Indorse Roosevelt and Taft. RENO. Nev.. March 5. The Repub lican state central committee met to day and. after a lively session, failed to pass resolutions Indorsing the Roosevelt administration or mention ins oae word for the candidacv of We are pushing "The Beaver Hat." It is the best $3 Hat sold in Port land. Worthy tiles to crown the finest craniums. Soft Hats and Hard Hats in all the latest blocks. "The Beaver" is the best. tf LION 3 CLOTMIMGCO GnSKuhnProp' 166-168 Third St. Secretary Taft. It was the first vic tory for. the adherents of Governor Hughes and will go far toward guiding the convention's work when it meets at Winneinucca April 2. Maryland Delegates Chosen. BALTIMORE. March 5. The Repub lican conventions of the Third and Fourth Congressional Districts tonight named delegates to the National Con vention. Both conventions passed resolutions fa voring the candidacy of Secretary Taft for the Presidency. Vote for Taft to End: PERRY. Okla.. March 5. The Frst Dis trict Congressional convention held today elected Charles Seeler, of Guthrie, and Vernon Whiting, of Enid, as delegates to the National Republican convention and instructed them to vote for Secretary Taft, "first, last and all the time." SETTLE LABOR TROUBLE Tie-Up of Steam Schooners Will Soon Be Ended. SAN FRANCISCO. March 5. A con ference will be held next Saturday morntng between a committee of the Marine Engineers' Association and a committee of the steam-schooner own ers of San Francisco, at which it Is expected the present plans of the engi neers will be effected. A special meeting of the engineers will be held tomorrow afternoon at which the terms of the settlement will be discussed and generally passed on and the agreement will he made Sat- SPECIAL RANGE OFFER THIS WEEK "Uye MALLEABLE" INSTALLED IN YOUR HOME ON THE LIBERAL PAYMENT TERMS $1 IN THIRTY DAYS $1 week THEREAFTER The range of the 20th century combin ing the sterling malleable construction with artistic finish and the best of modern improvements. "The Malleable" is the product of experienced range-builders, and it is through their skillful workman ship that this splendid cooking apparatus has been brought to such a high state of efficiency. Every joint throughout its construction is riveted to air tightness, like a boiler a very important feature from a standpoint of econ omy. Every one of "The Malleable" Ranges is submitted to three rigid in spections before leaving the factory. To the intending range-buyer who has in mind the selection of an indestructible, economical and satisfactory range, this advantageous offer should prove most convincing. We give most reason able allowance where old stoves or ranges are accepted in exchange. ssw -in . -iiiy lift 111 GAS STOVES AND RANGES IN THE BASEMENT DEPT. II BAdeptENT C0MPLETE-H0U5E-FURni5HER5 M NEW G0-CAKTS AND CARRIAGES NOW SHOWING urday affecting all vessels now tied up in this port. Freight rates have Increased during the two weeks in which the steamers have teen tied up and many sailing vessels have gone into the lumber carrying trade, at the expense of the steam-schooner owners. Only two schooners with nonunion engineers have left since the tie-up. VOTE COMPROMISE SCALE But Gold field Miners Hold Out Against Operators' Association. GOLDFIBI-D, Nev.. March 5. Ixcal Union No. 220, Western Federation of Miners, today decided by a referenfi-um vote of 456 to 256 to accept the Tonopah scale of wages and declare the strike off as to those properties which will pay the Tonopah scale. Some days asm representatives of 13 dif ferent leases agreed to pay the Tonopah scale, which is 50 cents per day less than the former Goldfield scale, but 60 cents more than the scale recently adopted by the Mine Operators' Association. The Mine Operators' Association will not grant the advance. The association com panies include all the big ml no of the camp, and against these latter the strike is still in effect. The miners today elected an ultra-conservative president by a vote of 4 to 1 against the radicals. Molders' Lockout Is Ended. DETROIT, March 5. Five thousand stove workers, who have been Idle here for six months owing to a strike of 300 stove molders, will return to work Mon day. An agreement with the manufac turing concerns was reached today by the molders. Read Sharkey's Sunday ad. LIGHT ON NAVAL SCANDAL Committee Will Investigate Pur. chase or Torpedo-Boat. WASHINGTON. March 5. The House committee on rules today decided to re port favorably the resolution of Lllley. providing for the appointment of a com mittee of five members of the House to investigate charges of corrupt Influence in connection with the authorisation tor torpedo-boats. Easier to Get Certificates. WASHINGTON, March 5. The Sen ate committee on commerce today ordered reported favorably a bill legal ising the custom of permitting local In spectors of steam vessels to issue cer tificates as to the competence of offi cers and crw. Instead of requiring them to be secured from the general board of inspector. IV Purity there is nothing else half so important in beer. And nothing else is nearly so expensive. Purity means absolute cleanliness. It means freedom from germs. Even the air in our cooling rooms is filtered. And every bottle of Schlitz beer is sterilized after it is sealed. It means an aged beer aged for months, until it cannot cause biliousness. Without those precautions, no beer can be healthful. And who would Ask for the Brewery Bottling. Common beer is sometimes substituted for Schlitz. To avoid being imposed ujxrtt, see that the cork or crown is brooded That Made .Milwauke knowingly drink beer that was not? Sherwood & Sberwwxf, 8 Front Street, Portland. e r a m