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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (July 23, 1908)
THE MORNING OREGOXIAN, THURSDAY. JULY 23, 190S. NEW TRIAL GIN TO STANDARD OIL Appeal Court Annuls Big Fine, but Government Will Try Again. THREE POINTS INVOLVED Standard Ignorant of Ix-rhI Rate, Landis Wrong In Making Sepa rate Offense for Each Car load and Fine Excessive. (Continued from First Page. took their seats. Judge Grosscup did not read the document, merely refer ring to It by number and stating that the case had been reversed and re manded. There was jubilation among the Standard Oil lawyers, who declared that the decision nad been expected, while the Government attorneys went quietly to Mr. Sims' office to study the document. "It is a strange doctrine," says the opinion, "by which a million-dollar cor poration, such as the defendant, the Standard Oil Company of Indiana, may be fined 29 times the amount of its cap ital stock in order to punish a defend ant not even under indictment." By this latter is meant the parent com pany, the Standard Oil Company of New Jersey. The opinion begins with a brief state ment of the manner In which the case was brought from the District Court to the Court of Appeals. Section six of the Interstate Commerce act relating to the publishing and filing of rates is quoted and the opinion continues: Three Reversible Errors. "There are 169 assignments of error, taking up 67 pages of printed record. In view of the conclusion, however, to which we have come, it is unnecessary to review many of these assignments the ones reviewed covering all ' the proposi tions of law that we deem essential to the guidance of the District Court in the event of a second trial. Comprehensively stated, the assignments of err which we shall review, relate: "First, to the view adopted by the trial court carried out in its rulings on the admission and exclusion of evidence, and embodied in its charge to the jury that a shipper can be convicted of accepting a concession from the lawful published rate even though it is not shown, as bearing on the matter of intent, that the shipper at the time of accepting such concession, knew what the lawful published rate ac tually was; "Second, to the view adopted by the trial court that the number of the of fenses is the number of carloads of prop erty transported, irrespective of whether each carload was the whole or the part only of a single transaction resulting in a shipment: and, "Third, whether in the imposition of the fine named, the trial court abused the discretion vested in the court. Discusses Plea of Ignorance. "We shall take up these subjects In the order stated, the first being whether the shipper can, without error, be convicted of accepting a concession from the lawful published rate, even though it is not shown, as bearing on the matter of in tent, that the shipper at the time of ac cepting such concession, knew what the lawful published rate actually was in view of the law that is embodied in the charge and carried out in the ruling ex cluding certain proffered testimony in cluding that of one Edward Bogardus, who. being in absolute control of the traf fic affairs of the plaintiff in error during the period covered by the transactions, of fered to testify-Uiat during that period he did not know anything about an 1S cent rate over the Alton Railroad: that bis attention had not been called to any such rate by any person or by the ex amination of any document; and that it was his understanding and, belief, based on what he was told by one Holland, tariff clerk of the Alton Railroad, that the rate over tha Alton road was 6 cents and that such rates had been filed with the Interstate Commerce Commission. Testimony of Holland. "Holland, who was called by the Government, had previously testified that he had no recollection of telling Bogardus that the 6cent rate (a com modity rate) had been filed with the Interstate Commerce Commission. But answering on his voir dire, the jury being excused. Holland further stated that he regarded 6 cents per 100 pounds as the oil rate between Whiting and East St. l.ouis; that he regarded a cer tain application sheet which covered Whiting at Chicago rates and the sheet for Chicago" taken together as showing a 6-cent commodity rate; that when ever he spoke of the rate on this com modity between Whiting and East 6t. lvOuls he had in mind those papers, and that if he had been asked by Bo gardus or anybody else whether there was a rate between Whiting and East St. Iouis, he would have answered that there was. and that it was filed, and such a rate was 6 cents; which .evi dence thus proffered was excluded by the court for the sole reason that as a matter of fact, as the court tnot the Jury) found the fact to be, the application sheet containing this S-cent commodity rate had not been filed with the Interstate Commerce Commission. Had the court found as a fact that the sheet had been so filed, or submitting that question to the jury, had the jury found that that sheet had been so filed, the 6-cent rate given to Bogardus ad mittedly would have been the lawful published rate. Excludes Important Proof. "The court relates that Bogardus was offered as a witness to prove that a tariff describing a rate of 64 cents from Whiting to East St. Louis was issued by the Chicago & Eastern Illi nois Railroad Company, a competing line. October 9. IS55. "and filed with the Interstate Commerce Commission two days later; that such tariff sheet was among the traffic files in posses sion of the pla)ntift in error; and that the latter during the period named shipped thereunder a large number of cars of petroleum and products at said rate; and that such rate was equiva lent to the shipper to the rate of 6 cents over the Alton, owing to a quar ter of a cent terminal charges, all of which evidence was excluded as was also the offer of the tariff sheet itself, produced from the files of the Inter state Commerce Commission and an amendment thereto filed In April 1903." The opinion here Includes Judge Ijindls- charge to the jury in which the District Judge declares that to show that the defendant accepted a concession knowingly, it was not necessary to establish that the de fendant had actual knowledge of the lawful rate. Jl to this phaaa of the case opinion of the Court of Appeals de clares: "In this interpretation of the interstate commerce law, so far as it relates to shippers, we cannot concur. - The cases cited by the Government, such as those requiring liquor-sellers at their peril to know whether the person to whom drink is sold is a minor or within the prohibi tion of the act or not. are not controlling, nor very persuasive. The interstate com merce act was intended to promote, not to restrain, trade and commerce, to se cure fair dealing In commerce through uniformity, not to put obstructions in the way of commerce. Surely the farmer who brings his produce to town to be shipped to the city markets or the small merchant shipping to the country, or the householder who ships his furniture, were not meant by the interstate commerce law to be held guilty of having accepted a concession merely because they took the word of the carrier or his agent as to what the rate was. In this respect the shipper and the carrier stand on differ ent ground. The carrier is required by a separate provision of the law to establish and publish rates and Is forbidden to charge or collect from the shipper a rate greater or less than such established and published rate. But is the ordinary ship per, under any reasonable view of the situation, to which the law relates, thus bound bound at his peril, under the law intended to promote commerce to cipher out before he can safely put anything he has into commerce, all the confusing papers and figures that generally- make up a tariff sheet? Plainly not, it -seems to us." Examine for Themselves. i In support of this contention the Court cites "First Bishop New Criminal Law, Section 286.".' "Though it is true that large shippers like the plaintiff in error do not usually take the word of a carrier as to what 7w " ' John D. Rockefeller, Who Scores Heavily by Decision of Federal Circuit Court of Appeals In Standard Oil Rebate Case. the rate Is, but examine for themselves the tariff sheet, and have all the knowl edge that is necessary to an intelligent examination, from which it might easily follow that professions of ignorance on the part of such shippers would stand on a different plane from the ordinary spirit, It does not on that account follow that the ultimate question of Intent is not the same, whether the shipper be a large one or a small one; for the law is the same for all shippers, and the duty devolving on the Government is the same, viz.: That before conviction, there must be proof of all the facts upon which the shipper's offense is predicated. "This view of what is essential to con stitute the offense, makes It plain that the trial court was in error, as a matter of law in the application to the case of the shipper, and as a matter of the principle that the trial court applied in this case. And this error is made all the plainer, lifting it -from otherwise what might be considered a mere technical error to the level of a real substantial error, when the exact nature of the so-called tariffs published and filed, relied upon by the Government as the lawful rate, are scru tinized: and when the rate that the trial court deciphered out of these papers is compared with admitted rates on. other roads for the same product, and with the admitted rates on the same road for a like product. Process Much Complicated. "The tariff sheet relied upon as the lawful published rate filed with the Interstate Commerce Commission is tariff sheet No: 24 of the Chicago & St. Louis Traffic Association, and the first thing to be noted is that this tariff sheet makes no reference by name to petroleum or the products of petroleum. On the face of that tariff sheet No. IS no rate for petroleum or products of petroleum appears. The 18-cent rate was only arrived at by a process of circumlocution; that is to say, on the face of these tariff sheets there was found a printed line, 'governed by Illi nois classification, except as noted herein'; thereby turning to a classifi cation adopted by the Railroad and Warehouse Commission of Illinois. Sep tember 7. 1899, it was found that pe troleum and its products were set down in the fifth, class; and then turning back to rtariff sheet No. 24, it was found that the rate set down for the fifth class was 18 cents per 100 pounds. And so out of this process of reference and cross-reference the lawful pub lished rate was evolved by the trial court to be IS cents, not because it so appeared on the face or the tariff sheets, but because by reference to other sheets sheets fixing, not rates, but classifications, and that not by the Interstate Commerce Commission or the carrier, but the Illinois Railway Commission it could be so figured out." Xice Questions Raised. The court remarks the number of nice judicial questions raised and de clares that the court is nbt prepared to say that tariff sheet No. 24 really fixes the rate on petroleum and its products at IS cents. The most we can say." the opinion reads, "is that the question is one upon which Judges, after full dis cussion, might very reasonably disagree. The error of the trial court In taking away from the plaintiff in error its right to submit to the grand jury the whole question of whether it. had knowledge of the tariff sheet from which it is said to have accepted concessions and there was an intent to violate the law whether the rate paid was not paid in the honest belief that it was the law ful rate is an error that rises into one of solid substance." Taking up the question as to whether each shipment constituted a separate offense, by w-hich interpre tation of the law Judge I.andis im posed the largest fine in history on the Standard Oil Company, the court has this to say: Uist of Offense. "The gist of the offense is the ac ceptance of a concession Irrespective of whether the property involved was carloads trainloads or pounds. Has a shipper fully and finally accepted a concession when he has done nothing more than to agree with the carrier that less than the published and filed rate shall be paid for the transportation of his property? Is it not necessary that theJLthe transaction b closed by actual pay ment of the lower rate? In the rebate the shipper paid In the first instance the full rate to the carrier and afterward re ceived back a part. "Manifestly the offense of accepting a rebate has not been committed until the shipper has taken back a part of the first money whereby his property has been transported at less than the lawful rate. Proof that he agreed to accept a return of a part of the full rate stopping there would not sup port an Indictment for accepting a rebate- Such an agreement Is not bind ing and at any time before Its com pletion the shipper may repent and in sist upon the carters keeping the whole amount." Abased His Discretion. As to whether Judge Landis in im posing the monumental fine abused the discretion vested in the court,, the court says: "Briefly stated, the reason of the trial court for imposing this sentence was because after conviction and be fore sentence evidence was brought out that the capital stock of the Standard Oil Company of Indiana, the defendant before the court, was principally owned by the New Jer sey Corporation, a corporation not before the court, the trial .. courlr adding: " 'Upon no evidence, however, to be found in the record and upon no in formation specifically referred to, is it shown that in concessions of the char acter for which the defendant before the court has been indicted, tried and con victed, the New Jersey corporation was not a virgin offender.' Hot Shot for Judge. "Is a sentence such as this sound? Can a court without abuse of judicial decision wipe out all the property of a defendant before the court and all the assets to which its creditors look in an effort to reach and punish a party that is not before the court, a party that is not even indicted? Can an American Judge without abuse of judicial discretion condemn one who has not had his day in court? That, to our mind, is strange doctrine In Anglo-Saxon Jurisprudence. "Can It rightfully be done here on no other basis than that the judge's per sonal belief that the party, marked by him for punishment deserves punish ment? If so it is because the man happens to be the judge and above the law." LANDIS REFUSES TO TALK District Attorney Sims Admits That News Was Unexpected. CHICAGO, July 22. Judge Landis, after the higher court's decision had been an nounced, declared he had no comment to make. United States District Attorney Edwin Sims held a hurried conference with his assistants who had aided him in the pros ecution before the District Court, after which he said: "All I can say now is that what has happened was not expected. However, we shall make the best of it. Undoubted ly there will be an early re-trial." John S. Miller, Alfred D. Eddy, Morltz Rosenthal and Chauncey Martyn, who conducted the active work in defense of the corporation, were very happy. "We are free to confess that the decision is gratifying to us." said Mr. Miller, "al though it is nothing more than we ex pected." SHOULD GO TO HIGHEST COURT But Decision Prevents, Says Bona parte -Expects New Trial. LENOX, Mass., July 22. On being told today of the decision of the United States Court of Appeals in the Stand ard Oil case, Attorney-General Bona parte said: "A suit of such importance certainly ought to be submitted for final decision to the Supreme Court of the United States, but, as the Court of Appeals has decided, this cannot be done." Asked If the case would again be tried. Mr. Bonaparte replied: "I should be much surprised If it is not. but I really cannot discuss the matter further until I have Been the opinion." FRENCH HEEL HITS MASHER WOMAN'S VIGOROUS KICK DIS LOCATES HIS RIB. Persistent Gorman Morgan's Ad vance Meets Rebuff From Mrs. Hennessy's High Shoes. - CHICAGO, July 22. (Special.) Mrs. Margaret Hennessy. 22 years old and pretty, is the inventor of a masher exterminator that bids fair to become popular among women generally. Mrs. Hennessy dislocated one of Gorman Morgan's ribs, when he tried to flirt with her, by kicking him with a French heel four inches high. Judge Scovel fined Morgan $100, despite his protestation that the woman had stabbed him with some blunt instru ment. Officer Williams crossed the streef when he saw something happening. He says there was a momentary flash of filmy draperies, a howl of pain from Morgan, and the French heel had done Its deadly work. "I could not get rid of the man," said Mrs. Hennessy. "He kept right on talking after I had told him to go away, and, at last, when he seemed about to touch me. I kicked him. Then I slapped his face." HUSBAND COSTS MILLION Lena Head. Who Eloped With Coachman Loses Fortune. NEW YORK. July 22. Corporation Counsel Pendleton has received the leg acy of J1S7.746 given to the city by the will of Betsey Head. She died in June last year and left .one-half her property to various charitable institutions and the other half to the city to be devoted to the Improvement of recreation grounds In the metropolis. Mrs. Head was for many years the housekeeper for G. C. Taylor, of Great River, who died last September. Taylor, a son of the late Moses Taylor, lived as a recluse, and at the time of his death' was reputed to be worth about $20,000,000. About 20 years be fore he died Mr. Taylor went to Europe and returned with Mrs. Head and her in fant daughter. Who Mrs. Head was, was never revealed. She was installed as his "housekeeper and secretary and was treated by him as his social equal. She took charge of Mr. Taylor's business af fairs and at the timeof her death was worth about $400,000. Lena, the daughter, about six years before her mother's death, eloped with John M. Bodley, the family coachman- Bodley afterwards got a job as gardener on the estate of W. K. Vanderbilt, but his young wife never saw her. mother again. When Mrs. Head's will was opened after her death it was found that she had left only $5 to her daughter. There was talk of a contest, but the threat was never carried out. In his will Mr. Taylor bequeathed $500,000 to Lena, but this was revoked after her elopement. The Taylor estate was distributed among relatives and char itable insUlulions, , Sole Agents for the Famous W. B. and La Vida Corsets July Clearance in Dainty Swiss Dresses Jumper effects, made of fancy colored striped Swiss, with white dotted Swiss sleeves, Values to $8.50 $395 Knitted Coat Sweaters White, cardinal and gray, $5.00 Values $2,95 Mull Lingerie Waists Soft, filmly mull, prettily trimmed. Waists that are exquis ite in beauty, Values to $8.50 $3.95 Tailormade Wash Suits Latest and smartest styles, in plain colors and smart stripes, - ' Real Values $10.00 $5.85 Ik NST UNION New Version of Mexican Revolt Is Advanced. IN MINERS' CONVENTION Federation Secedes From Industrial Workers Because or Factional Split Advises tJnlon to Estab lish Co-operative Stores. DENVER. July 22. A resolution was Introduced In the Western Federation of Miners convention today protesting against the arrest and detention of four Mexicans in California at the re quest of the Mexican government, charged with inciting riot and revo lution in Mexico. The resolutions de clare the men were not acting against the government, but were merely try ing to better labor conditions. The resolution was referred to a committee. The federation today officially re pudiated the Industrial Workers of the World by adopting an amendment to Its constitution striking out the words "mining department of the Industrial Workers of the World" wherever they appear and Inserting in lieu thereof "Western Federation of Miners." yes terday the organization went on record as favoring industrial unionism and, though today's actioi might seem to be opposed1 to that policy, in reality it is not so. as many members of the convention declared that the Industrial Workers of the World had become so disorganized and filled with factions that it no longer represented industrial unionism. After considerable discussion, the convention adopted a resolution ad vising the various local unions to make an especial study of the Rochdale co operative system of stores and estab lish them in mining camps wherever possible. DO WORK FOR GOVERNMENT New Move in San Francisco Coal handlers' Strike. SAN FRANCISCO, July 22. The lockout of the Union coal-shovelers on the water front took a new turn today, when the Pacific Stevedoring Company employed a number of nonunion men to discharge several British colliers now at the Gov ernment coaling station at California City, on the northern side of the bay. The men were taken to the station in launches and will be put to work at once unloading the coal into bunkers. The barks St. Catherine and Hawaiian Isles, which are to be used as store ships for the Navy, are at the station and a por tion of the coal brought there is to be placed in them. For some days nonunion men .have been engaged on the Western Fuel Company's vessels but the taking of men to the coaling station came as a surprise to the union laborers, who have refused to ac cept a reduction in wages from W to $5 a day. Olaf Hansen, a nonunion man. employed on Steuart-street wharf, complained to the police today that he had been at tacked by strike sympathizers and swore to a complaint charging "John Doe" with assault. SHOPMEN ARE DISSATISFIED Canadian Pacific Employes May Re ject Conciliation Board's Findings. WINNIPEG. July 22. The snopmen of the Canadian Pacific in Western Canada are dissatisfied with the recent findings of the conciliation board that Investigated the matters in dispute be tween the company and the men. and today, T. McVety, head of the mechan ics in the shops in Western Canada, went to Chicago to consult with offi cials of the American Federation of Labor with a view ,to securing assist ance in the event of a struggle. Ten thousand men are affected. WANT SHIPS JHAT HAMMER (Continued From First Page.) harbor firing salutes as the Mayflower steamed away. Lay Up Big .Liners In Winter. NEW l'ORK, July 22. The Cunard liner Mauretania, which will sail to day for Liverpool, will still be under three propellers. It has been decided not to use her port forward turbine until she has been in drydock in No vember. After November 1 the com pany will discontinue the Wednesday sailings from New York and iliverpool until next Spring, and run only large Saturday service. Both the Maure tania and the Lusitania will be taken off for two months for a thorough overhauling, so that they will be ready to go into commission again in Janu ary. ROOSEVELT IS IX COLLISIOX President's Yacht Runs Down and Sink's Schooner. NEWPORT, R. I., July 22. The President's yacht Mayflower, with the President on board. In a dense tog lat night, ran into and sank the lumber laden schooner Menawa. All on board the schooner, consisting of the cap tain and five men, were taken on board the Mayflower. No one was injured. The President's yacht had her bowsprit and one anchor carried away, but the jar of the collision was so slight that none of the President's party knew of the accident until they arose this morning.- The Menawa belonged to C. G. Pendleton, of- Islesboro, Me. The col lision occurred at about 1:15 A. M., when the Mayflower was between New London and New Haven. After President Roosevelt had dressed, the crew of the Menawa was presented to the Chief Magistrate In the cabin. The President expressed great concern re garding the accident, the loss of the ves sel and gratitude at the rescue without loss of life. The Menawa was in command of Captain Charles Hutchinson. The fol- t lowing dispatch was sent by direction I of the president to William Loeb, his private secretary: President Roosevelt ar ran iced for ad vancement of money to captain and crew of schooner, enough to take crew to their homes and the captain to his agent in New York. Captain finowden at ome communi cated with the Navy Department request ins a full Investigation. BUREAU SYSTEM IS BOOMED Reuterdahl Thinks Roosevelt In tends to Reform Xavy. NEW YORK, July 22. Henry Reuterdahl, the marine artist who has been the fore most critic of the navy bureau system, says he is convinced beyond a doubt that President Roosevelt's visit to the naval college today means the end of the entire bureau system. Mr. Reuterdahl would give no intimation of what President Roosevelt said to him on his recent visit to Oyster Bay which made him so firmly convinced of the outcome of the Presi dent's visit. "The Newport conference means that tha navy is passing through a transition just as important as the transition from sail' to steam," said Mr. Reuterdahl. "The success or failure of our new navy rests J upon gunnery and the men who go to sea, J who work the guns and the ships. For years the men in control of the policy of battleship construction have been officers schooled in the days of the sailing ship who learned modern man-of-war tactics in the old tin pot squadron. They have had little or no experience on board the present type of modern ships. It is nat ural that when reaching high rank or becoming bureau chiefs they are not fa miliar with many of the military require ments of modern battleships." Postoffices on Warships. WASHINGTON. July 22. Arrange ments are being perfected for the instal lation of a postoffice on every ship in the United States Navy, authorization for this action having been made at the last session of Congress. Under the provisions of the enabling act enlisted men on each ship may be appointed as Postmaster and Assistant Postmaster, their regular pay to be increased $500 and 7300 a year, respectively. They will be required to give bond of J100. ASKED TO VISIT JAPAN Coast Chambers of Commerce Are Invited to Exposition. . SAN FRANCISCO, July 22. The local Chamber of Commerce has received a joint invitation from the -Chambers of Commerce of the five . Japanese cities, Tokio. Kyoto, Osaka, Yokohama and Kobe, asking that representatives be sent to visit those places. The invita tion was cabled to Japanese Consul General Chose Koike, of this city, with the request that it be extended to San Francisco, Portland and Seattle. At Its quarterly meeting yesterday the local Chamber decided to accept the invita tion and a party will leave for Japan on September 25, arriving there in time to witness the arrival of the -Atlantic battleship fleet. It will also witness the celebration in Japan of the Em peror's birthday, November 3. All the Cloak Department Lingerie Waist Sale Very fine patterns, all sizes, extraordinary values, Reg. $2.75 Values $1.19 i00 Lingerie Waists Values to $5.00 $1.98 White Walking Skirts Women's White Union Linen Outer Skirts, the only ideal skirt for Summer wear, Values to $3.50 $1.95 Highest -Grade Wash Suits Made of pure linen, rep and poplin, in the latest, plainest and smartest effects all plain colors, Values to $30.00 $9,85 ' Clearance Sailor Hats Milan and rustic straw, Values to $2.50 $1.39 GIRL IS BEHEADED Daughter of Freiberg's Mayor Executed for Killing Lover. GUILTY OF SHOCKING CRIME German Maiden of Only 18 Years- Coolly Planned to Make It Ap pear That Her Fiance Was Suicide. FREIBERG. Saxony, July 22. Grete Beter, the 18-year-old daughter of the Mayor of Freiberg, was beheaded last night sometime btween dark and dawn. In punishment for the murder of the man to whom she was engaged to be mar ried. The executioner reached the city last night. He carried a box containng the ax with which he did his work and brought with him also a suit of evening clothes. The wearing of this garb is an official requirement of the sombre oc casion. The preparations for the execu tion at the prison had been cdmpleted and the man did his work quietly and private ly and departed as quietly as he came. The King of Saxony had refused a par don. The. personality of this young gltf and her thoughtfully arranged murder of her fiance, a civil enginer named Preffler at tracted international attention. The so cial position of her family was very good and she became engaged to Herr Preffler, a rich young professional man. At her trial she admitted with the utmost sim plicity that she visited her fiance's house one evening, gave him cyanide of potas sium In a drink she mixed for him and then, to make sure of his death, shot him In the mouth with his own revolver. She then dropped . the weapon at the dead man's side, placed a forged will In her own favor on his desk, together with a note of good-bye, also forged, saying that he feared to lose her love through the revelator.s of dishonorable liason. In addition to these papers, the girl also left behind a package of forged letters purporting to come from a woman In Italy, accusing Preffler of deserting her and threatening to tell Grete everything. LAND BOARD FACES CHARGE Montana Commission Accused of Fraud Hearing Vnder Way. KALISPEI,U Mont., July 22. (Spe cial. Charges that the State Land All Humors Are impure matters which the skin, liver, kidneys and other organs cannot take care of without help. Pimples, bolls, eczema and other erup tions, loss of appetite, that tired feeling, bilious turns, fits of indigestion, dull head aches and many other troubles are due to them. They are removed by Hood's Sarsaparilla In usual liquid form or in chocolated tablets known as Sarsa tabs. 100 doses $1, WEDDING AN1 VISITING CARDS. w. a smith -a GO. WASHINGTON BUILDING, Car. Fourth and Washington Sta. COFFEE Good grocers like Schil ling's Best; for it makes good-will and not trouble; in case of complaint, the money is ready. t Tour trocar returns your mosey if 7 don't Hke it: 97 kin. Latest Fiction, $1.18 Board sold timber lands in Flathead County at less than market value, thus defrauding the state school fund out of a quarter million dollars, are being heard in this city. The State Land Commission convened here today. Governor Norris sitting: as a court to hear the charges. The other members of the Board are Secretary of State Yoder, Attorney-General Galen and State Superintendent Harmon. The hearing is attracting: wide atten tion. Citizens of the county, where the charges were brought. ..ave asked to have action commenced to compel re turn of the land to the state. When the charges were made, the Board made indignant denial and demanded an in vestigation. Governor Norris was not a member of the Board when the sales were made. Ex-Governor Toole was in office then and is here to meet the charges with other members of the Board. The ses sion today was devoted to reading the charges and preparing for the investi gation. Only three witnesses were ex amined. Governor Norris says the investiga tion will be searching and will con tinue until all facts are developed. Pekin it building a large factory to make window glass, which is largely used in China and forms one of its principal Imports from foreign countries.. The capital is Chinese, the machinery British, and Germans will manage the factory. The glass works at Posham, province of Shantung, are a suc cess. -25 discount on every . suit we have No man needs a suit of clothes more than you do, or you would not be reading this advertisement. You would not pay a baker ten cents for a loaf of bread which regularly sells for five cents. If you had an opportunity to buy a loaf of bread for four cents, how ever, you would walk a block out of your way to save the penny. We propose to put Ten Dollars in your pocket, not a penny. We do it by letting you have the suit of clothes 25 per cent less than it was when you looked at it last month. Worth considering, isn't it, when our regular crices are from $20 to $40? UJC9 GRANT PHEGLEY, MGR., Seventh and Stark Streets. m. mm m. -v m C