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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Jan. 5, 1909)
3 THE MORNING OREGONIAN. TUESDAY, JANUARY 5, 190P. JUDGE LANDIS TO REHEAR OIL CASE Action of Supreme Court Has Effect of Sending Big Fine Case to First Court. DECISION IS UNANIMOUS ulir Supreme Bench Kef uses to Interfere With Case Other Than Return It Subject to Correc tions of Judgtt Grosscup. WAFHIXGTOX. Jan. 4. The famous t'.ZM'.-") Otis ca.e against the Standard Oil Company will not be reviewed by the Supreme Court of Inlted Stales, but will be retried before Judge Landis. who Im posed the now famous tine. Such is the effect of the Supreme Court's action In tde matter today. The decision of the court to this effect was announced by Chief Justice Fuller soon after the court convened today. The case came to the court on a petition filed by the Government asking the court In a petition for & writ of certiorari to order up the record in the case for a re view of the decision of the United State Circuit Court of Appeals for the seventh ctrcult, by which judge La mils' original decision Imposing a tine of 9.240.000 gainst the Standard Oil Company for accepting rebates from tiie railway com panies was reversed. In tiie Supreme Court the case turned largely upon the right of the court to Interfere. In view of the fact that the case had been passed tipon by the Court of Appeals, the Gov ernment contending for such privilege as a right, while it was urged In behalf of the oil company that the precedents were all sgainst such a proceeding. Case in Original Status. The action of the court consisted In the announcement that the Government's pe tition would not be granted. The effect of this announcement will be to leave Handing the decision of the Court of Appeals, which was adverse to the Gov ernment and favorable to the company. The court's announcement was the barest formality. No reasons whatever were given and the determination of the court was stated along with a number of other caws of comparatively little im portance. The Chief Justice simply an nounced that the petition for certiorari was denied. I'nder this ruling the case will now go back to Judge Landis" court f.ir a new trial, in accordance with the decision of the Court of Appeals. It is stated at the Department of Jus tice that the decision gives the case Its original ptatus, subject to the views of Judge Grosscup as contained In his de cisions of July 2 and November 10. 1S8. These In effect were: AVhere Landis Erred. First, that the trial court (Judge Lan disi had erred In Its ruling on the admis sion and exclusion of evidence and In Its charge to the Jury, by adopting the view that a shipper can be convicted of ac cepting a rebate, even though It Is shown on the matter of Intent that he did not know what the lawful published rate ac tually was: second, that the true test of the number of ofTenscs Is not the num ber of carloads transported, but the num ber of single transactions resulting In a shipment: that the offense of accepting a concession is the "transaction" that the given rate consumed, whereby the ship per, for the thing shipped, no matter how great or how little Its quantity, derives a rate different from the established rates; third, that the trial court abused Its dis cretion In imposing an excessive fine of $2.2000. Will Be Heard Soon. The question as to when the case will again be presented to Judge Landis for trial depends upon T'nited States Attor ney Sims, for the Northern Illinois dis trict, but It Is expected some action to ward that end will be taken within the next few weeks. It Is probable that Judge Landis will again persoually conduct the trial, but it is entirely within bis discretion to re quest another Judge of the same district to act. MAT GO TO TENNESSEE Judge Landis May Not Kchear Stan dard Oil Case in Illinois. CHICAGO. Jan. 4. United States Dis trict Attorney Sims was Informed of the adverse ruling of the Supreme Court In a private teligrajn. lie declined to dis cuss the matter. It is pointed out, however, that the Supreme Court's ruling by no means necessarily ends the case. The original case may again be tried before Judge Landis or the Government may proceed on some entirely new case with practl-. cally the same evidence. The Indict ments were voted in Tennessee and It Is rot Improbable that the Government's next attack on the Standard Oil Com pany mill take place in that state. IN JAIL TO THINK IT OVER N. S. Parker Ordered to Leave Tow n or Give Bonds to Keep Peace. CENTRALIA. Wash., Jan. 4. (Spe cial.) Nathan S. Parker languishes In the City Jail trying to make up his mind either to leave town or give $200 bonds to keep the peace. Some time since his wife applied for a divorce on the grounds of non-support. Last Friday Parker went to the house in toxicated and made threats against his wife, trying to get her to withdraw the proceedings. He was warned away, but when Mrs. Tarker had to leave the little ones alone to go to her work he was seen making his way back to the house. Marshal Clark took Parker before Jus tice Baker, who, on hearing the chargo against him, gave him the privilege of leaving the county for one year or fur nishing $200 bonds to keep the peace Falling in either of these, he will be dealt with by the District Court. He is unable to decide which course to pursue. WORK TO BE SUSPENDED (Concluded on Pas 5 ) reached to this effect with both Governor Mead and Mr. Hay. Message Will Be Brief. Governor Cosgrove also expects to sub mit a message to the Legislature, but it ts anticipated that It will be brief be cause of his ill health end bis inability personally to Investigate the needs of all th state institutions and collect data at hand only in U-'.b state for recommenda tion upon Important matters. Governor Meads retiring message will fee exhaustive in character, unlike that of Governor McBride four years. which took up but a few topics and those fcriefly. ago, J those MAIL ORDERS PROMPTLY FILLED TO START NORTH ON SUNDAY Cosgrove's riiyslcian Believes He j Can Make Trip by That Time. PASO ROBLES. Cal.. Jan. 4. (Special.) According to the present plans. Governor-elect CosgTove, of Washington, will not leave for home until next week, probably Sunday, January 10. The Gov ernor was anxious to leave so that he could be Inaugurated on January 11, the official date set for the ceremony, but bis physicians advised him against haste, and It was determined to wait one week. His health has been constantly im proving tho last month and today he was about the hotel corridors for a short time. Dr. Sawyer, the manager and chief physician of the hotel, declares that by next Sunday Governor Cosgrove will be able to travel and that be will not suf fer any from the trip. "Mr. Cosgrove is doing very nicely." said Dr. Sawyer. "He Is able to be about the hotel and altogether his condi tion Is very satisfactory. He wants to leave the first of the weeK, ana, unless something unforeseen happens, should be able to make the trip to Washington by that time." TAFT 010 HOT INTERFERE NO MEDDLING IN OHIO SENATORIAL- FIGHT OF BROTHER, Interpretation Pot on C. P. Tart's Withdrawal Declared to President-Elect. AUGUSTA. Ga.. Jan. 4. Regret Is felt by the President-elect at what both he and his friends regard as the unfair In terpretations being printed regarding the withdrawal fromN tiie Ohio, Senatorial contest of C. P. Taft. The President elect contemplates no statement for pub lication regarding the matter, but In dtecusslng It with friends he has not been uncertain In giving an Idea of his feelings on the subject. There seems to be nothing further to be said by Charles P. Taft. even though the reason he assigned for getting out of the race has since been made the subject of adverse comment. In this connection It is explained that the withdrawal was neither made at the Instance of William H. Taft nor on the suggestion of Frank P. Hitchcock or Wade H. Ellis. C. P. Taft eliminated himself from the contest entirely In the interest of party harmony and on his own initia tive. t CONDENSED NEWS BY WIRE Topeka. Kan. Half the business portion of the town of Kenslnrton, Kan., was de stroyed by fire Sunday. Loss $00,000. Tonopah. N. The mines of Tonopah nave milled during the year l'.H)8 a total of S-U.i'M tons of ore. of value estimated at 10.3SS.US0. gan Francisco The United States Moni tor Cheyenne, recently the Wyoming, start ed Monday fur Southern California pons. The vessel recently was fitted with oil burning furnaces. Lewlstnn. Mont. In a battle between Iciuty Sheriff Al Morgan and John Pt'.sper In the Rnowy Mountain district, the latter was killed. Morgan had been pursuing Pflager tor several days. Peach Springs. Aria. Francis Colone. a passenger on a Santa Fe train, while In a nt of insanity, leaped from a car window Just as the train was leaving Saturday clKht. Ills condition is precarious. ' Ban Jose. C'l'. Burglars entered the East Fan Jose Postofflre Sunday night, blow oi.en the sate and secured :Oo In coin and stamps. Thv also robbed the ostrich farm of 100 worth of cstrlct teathers. Los Angeles. Cal. The Union Exchange Bank, on South Main street, was placed In the hands of the state Bank Commissioner Monday. The capital stock Is $27,000. It has deposits of IS. 000 and loans of (12.000. New Tork After weakening gradually during the past week, the strike of cabmen ar.d chauffeurs, members of the Liberty Ian Association, was officially declared off at a meeting held Sunday night. Both aides claim a victory. Chicago Preston Gibson. formerly of Chicago. Is to be married to Miss Grace Mc Millan Jarvis. daughter of William Jarvis. of Detroit, and granddaughter of the late Senator McMillan, of Michigan. Miss Jarvis Is a Washington debutante of last season. Paris The election or Senators whose term will expire nine years hence were held Monday. They resulted In an Indorsement of the government. The re-election of Baron d'Kstournelies de Constant Indicates progress for the policy of International peace. New Tork Co-operation between organ ljrd labor and the Department of Immigra tion Is the latest plan advanced to aid In the distribution of Immigrants in this country, with a view to placing them in localities where they can secure work to the best advantage. San Francisco. The United States Cir cuit Court denied the petition of Attorney J. P. Cobb, of Alaska. Monday for a writ of mandamus against Judge R. A. Ounnl aon. of the District Court, to compel the abatement of a sentence tor contempt of court passed on Cobb. Fan Francisco. Hsrry I. Bremmer. who professes to have been a clerk In the em dlnv nf .he Chemical National Bank in New fork, was arrested here Monday on a charge of having cashed s-eral checks for ilin each, bearlnc the forged signature of O. K. Adams, of Boston. Cronstadt The body of Wilbur John, of Cronstadt, was transferred Sunday to St. Andrew's Cathedral through streets lined with mourners. At service and during the period when the body lay in atate ther were scenes of hysterical grief among the thousands of the dead-priest's followers. Xew Tork Plans have been announced for a big stockyard rivaling those of the West, wiiich will be built on the Hacken sack Meadows, New Jersey. The organiza tion. It is said, will be capitalized for $10.010. 000. The project, it Is said. Is to be barked by English and Canadian capital ists. Xew York The proposal to establish a court In New York where cases of domestic tangles and abandonments should be handled exclusive')- ts tnklng definite form. The legal department of the educational Alliance has prepared a bill creating such a court, which Is to be presented to the Legislature. Chicago An Immense increase In the number of "lost and found" ads In Chi cago newspapers since January 1 Is In dicative of the thoroughness with which those who celebrated the advent of the new vear enjoyed themselves even to for getfuiness of Jewelry, money, furs and o:hcr articles. Chicago An army of Amazons, trained to wage war on the Austrian Empire, Is the newest body to take up the profession of arms, according to Dr. Eplro Sargentlch. of Tacoma. Wash., now speeding westward from Chicago en route from Montenegro, where he went to offer his services to his former rulers. Los Angeles. The petition to the United States Supreme Court for a writ of habeas corpus In the cases of three alleged Mexican revolutionists. Magonl Vlllateal and Klvlera. was dismissed Monday upon motion of the defense. The accused men will now be taken to Arizona to stand trial for having violated the neutrality laws. Chicago hinppea 10 uis i. juv u.uB helr bare fists as weapons. Charles Herzel and Tommy -iozicea. or couch miij, fought a four-round duel Sunday la the presence of 100 spectators. Tozicek was awarded a decision. The men had a per sonal disagreement and decided to settle it by an old-fashioned battle. Chicago Three holdups, in rapid succes sion, the last occurring early Monday, caused excitement in the downtown district Two highwaymen figured In each and one was captured. In the presence of scores of persons Charles W. Moffett, a traveling salesman, was beaten and robbed. In one of the other attacks the victim fought the thugs with a knife. Police Capture Bank-Robbers. ST. PETERSBURG. Jan. 4.-An unsuc cessful attempt was made today to rob a branch of the State Savings Bank on Vas sll! Island, this city. The police had ad vance Information of the Intention and captured the entire band, six men. r7 'KY Tiff January C Goods Redu n Full progress- m All JLPep&rcmenis 3 a cm All Suits Reduced All Waists Reduced All Coats Reduced All Furs Reduced All Skirts Re ducedAll Millinery Reduced All Muslin Under wear Reduced All Children's Apparel Reduced All Pictures, Jewelry and Holiday Goods Reduced Silks, Dress Goods and Wash Goods Reduced Goods Reduced in all Departments. Lipmari-Wolfe's January Sale of Muslin Underwear offers genuine reductions on the entire stock far greater than those of any other store. All our exquisite French Und'rmuslins at prices far below any other sale a " I Us.. - I LUCK! SUITOR HIT Rejected Admirer Sends Gift of Poisoned Wine. VENGEFUL ACT IS FATAL Little Child Dies and Father Is Des perately III Mother Escapes Fate of Others' by Queer Streak of Luck. CHICAGO. Jan. 4. (Special.) A baby girl Is dying and the child's father Is in a serious condition today from drinking poison contained .in a bottle of wine presented as a New Tear's gift by a- rejected admirer of the man's wife. The victims are Ple tro Marchesl. a wealthy Italian mer chant, and his ll-months'-old child. The poison was given to Marches! and his baby in a bottie of rare Italian wine. The Chicago-avenue police have been given the name and an accurate de scription of the man, and it Is declared that it will be only a matter of hours before he Is arrested In the North Side Italian colony. His identity is being concealed to expedite his arrest. The discovery of the poisoned wine came when Marchesl opened the gift at his New Tear's dinner. Mrs. Mar chesl received the bottle of wine New Tear's morning from a rejected admi rer who asked that a toast be drunk from the bottle at the noonday meal. The mother drank none of the wine. BANKER ENDS HIS' LIFE Second Attempt Succeeds Was Vic tim of Nervous Prostration. DETROIT, Jan. 4. Henry C. Potter, of this city, vice-president of the Peo ples' State Bank of this city, commit ted suicide at his home shortly before 10 o'clock this ftiornlng. Mr. Potter had been suffering from nervous pros tration for some time. About a month ago, Mr. Potter was found unconscious in the bathroom of his residence on Jefferson avenue. Gas was-escaping from an open Jet. It was stated then by members of his family that the gas had been turned on accidentally, as he was overcome by an attack of heart trouble. This morning a shot was heard in the bathroom of Mr. Potter's residence. When the family and serv ants entered the room he was found dead on the floor with a bullet through his head. Cashier George H. Lawson, of the Peoples' State Bank, states that 111 health and nothing else Impelled Mr. Potter to destroy himself. "Mr. Pot ter's affairs as vice-president of this bank were absolutely straight and all right," declared Mr. Lawson. FOUR RUSTLERS ARE SHOT Vigilantes Have Pitched Battle With Cattle Thieves Near Border. KAN DIEGO. Cal., Jan. 4. Advices' re ceived by telephone from Mesa Grande, 41 miles from here, tell of a pitched battle 30 miles from there between a gang of cattle rustlers and members or a vigilante committee organized last week in nut a stnn to the depredations of cattle thieves who are working In that locality. According to tho inrormaiion receivea, the vigilantes Saturday picked up the fail nt a find nf cattle thieves wrho made' away with several hundred head of stock near Mesa Grande last weeK and followed them to a point Just this side of the International line, where the rustlers were rounded up. In the fight that followed the refusal to surrender, two Mexicans, an Indian and a white man, all members of the band, were shot: and one vigilante was seriously wounded. Tho rustlers fled across the boundary after the fight Coroner Morgan left this city this morn ing for the scene of the killing. Owing to the isolation of the district, detatls are slow in coming in. The rustlers are believed to be allied with the same gang now under arrest In Los Angeles for horse stealing. ALTON GUILTY0F REBATE Supreme Court Decides Dollar "Ter minal Charge" Was Illegal. "WASHINGTON, Jan. 4. By a divided court, the Supreme Court of the United States today decided the rebate cases brought by the Government against the Chicago & Alton Company and Vice President Falthorn and Treasurer Wann, of that company, in favor of the Gov ernment. The case involved a charge of making a concession to tho packing firm of Schwanschild & Sulzberger on shipments of packinghouse products from Kansas City, Kan., to Eastern points. The packing company has a mile and a half of railroad track in connection with Its plant. The Chicago & Alton Company repaid to the packers $1 a car for the use of their tracks and entered the pay ment on Its books as a refund on account of terminal charges. Talk Claims on January 14. WASHINGTON, Jan. 4. January 14 was designated by the Senate for the consideration of the omnibus claims bill, which carries an appropriation for 12.300,-000. ILLINOIS SENATOR TALKS OF OREGON SITUATION. Though Himself Indorsed Under Primary Law, He Says It Should Not Apply Here. OREGONIAN NEWS BUREAU, Wash ington, Jan. 4. Senator Hopkins, oi Illi nois, himself choice of the primary for re-election, says there are exigencies which sometimes make It advisable for state legislators to disregard the results of a primary election. "In Oregon, for Instance." he said, "the majority of people are Republicans and they find themselvs In the predica ment of being called on to send to the Senate a man who differs totally from their party on financial and tariff 'ques tions and with leanings toward Bryanism. It seems to me if I were an Oregon leg islator I would not vote to send a person of such political tendencies to the capita!." nrrcHCocK is for fflton Said to Have Declared Republicans Should Vote for Him. WASHINGTON, Jan. 4. (Special.) Frank H. Hitchcock, chairman of the Hepubllcan National Committee, and President Roosevelt are reported in sharp disagreement about-the Oregon Senatorial contest. Chairman Hitchcock wants Ful ton re-elected and report Is that he has taken steps to use his power as National chairman to secure that outcome. The Fulton people are reported more hopeful than for weeks past and are making strong claims on the strength of their success in enlisting Hitchcock. They balieve this means that the Taft administration will take care of Legisla tors who violate instructions in order to support Fulton. It is said here that S. C. Beach, of Port land, manager for 'Fulton, and a State Senator, has received a letter from Chair- The Mission Of those corpuscles In your blood that have been called Little Soldiers," Is to fight for you against the disease germs that constantly endanger your health. These corpuscles are made healthy and strong by the use of Hood's Sarsaparllla. This medicine is a combination of more than 20 different remedial, agents in proportions and by a process known only to ourselves and it has for thirty years been constantly proving its worth. 20 substitute, none "just-as-good." man Hitchcock advising the Republican Legislators to support r uuun. YOUNG'S NAME HELD BACK Senator Fulton Not Yet Ready to Have Senate Take Action. OREGON IAN NEWS BUREAU, Wash ington. Jan. 4. Senator Fulton said to dav there would be no action on the nomination of John C. Young as post master at Portland for some time to come. He continues to receive protests, and is not yet ready to let Young's name go before the Senate for action. Senator riles today introduced a bill appropriating $140,000 for the. erection of navigaticn aids along the Alaskan coast at points to be designated by the Secretary of Commerce and Labor. The Secretary of the Interior today recommended that Congress authorize him to withhold from disposition under the land lavrs ill water power sites on the Colville Indian reservation, Wash ington, and sanction their sale or lease to the highest bidder. BORAH IS AFTER GRAFTERS Introduces Bills Relating to Bud Land Agents and Grasping Solons. OREGONIAN NEWS BUREAU. Wash ington, Jan. 4. Senator Borah today In troduced a bill aimed at the correction of abuses that have been committed by special agents of the Land Office. It provides that any representative of the Government who by threat, deceit or other Improper means shall secure or seek to secure the relinquishment of any entry or title to public lands, or who shall by such Improper means at tempt to secure any statement from an entryman which might be used to Im pair his entry, shall be liable to a fine of from $100 to $000, imprisonment from six months to two years, or both. This bill Is aimed primarily at the spe cial agents who have been Improperly operating In Idaho. Senator Borah also introduced a bill prohibiting Senators, Representatives and Delegates In Congress from accept ing fees as attorneys In any cases In the courts In which the United States is in any way Interested, and also pro hibiting Senators and Congressmen from acting as attorneys for corpora tions or other concerns engaged In interstate commerce. He also intro duced a bill providing for a $200,000 public building at Coeur d'Alene City. SPECIAL ENVOY' IS NAMED President Nominates Huntington AVilson for Servian Duty. WASHINGTON. Jan. 4. The President sent to the Semite today the following nominations: Envoy Extraordinary, Huntington Wil son, of Illinois, to Servia and Bulgaria. Con3Ul-Gcnerals Arnold Shanklin, of Missouri, at Mexico; Alban G. Snyder, of West Virginia, at Panama. Colonel, retired, to be Brigadier-General, retired. John D. Perkins. Judge of District Court for Distrlot of Alaska. Division No. 1, Royal A. Gun nison, of Alaska. G. P. Rummelin & Sons 126 Second St., Between Wash ington and Alder ON ALL FUR GARMENTS REDUCTIONS Sealskin Coats, Otter Coats, Persian Lamb Coats, Astrachan Coats, Etc. FUR NECKWEAR AND MUFFS In Mink, Black Lynx, Sable, Beaver, Ermine, Squirrel, Otter, Etc. Fur Auto Caps and Gloves, Fur Rugs and Robes U:-,L. r L P: P:.l f P. PM Established 1870. . "'s"ral V4aaii a i -'" " .." ;