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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Dec. 18, 1909)
VOL. XLIX XO. 15.307. PORTLAND, OREGON, SATURDAY, DECEMBER IS, 1909. PRICE FIVE CENTS. APPEAL IS FILED BY STANDARD OIL Dissolution Suit to Be Fought Again. DEFENSE FINDS 65 ERRORS Sherman Anti-Trust Law Not Violated, It Is Argued. COMPETITION DOES EXIST Attorneys for Oil Company Assert Its Actions Have Been Legal in Kvcry Movement and That Decision Is Void. ST. LOUIS, Liec. 17. Attorneys for the Standard Oil Company of New Jersey. Its subsidiaries and the seven Individuals against whom the Government recently won Its dissolution suit, today filed an appeal from the adverse decision of the Federal Circuit Court. Blxty-five Instances In which the trial court is aliened to have erred are cited as reasons for appealing to the Federal Supreme Court. Collectively, the assignments of error are that the evidence did not show a vio lation of the Sherman antl-trust law. Lack tr Competition Denied. The findings in respect to competition btwef-n corporations occupying contigu ous territory are assailed, as are also conclusions or the court regarding the pnrt that John D. Rockereller. H. H. Roger. John r. Archbold and other in dividual defendants took In the formation and conduct of the various companies. The order granting the appeal was signed by Circuit Judges Hook and Adams. The assignments are: "1. There was error Jn the denial of de-fondants- motion to set aside the court's order permitting the service of summonF on non-resident defendants, and. "I. Tn overruling the plea to the Juris diction of the court. Court Errs, Company Insist. "3. In the decision that many of the 19. corporations, a majority of the stock of which was, in 1SS9. owned by stockhold ers of the Standard Oil Company of New Jersey, were naturally competitive. ". In finding that in ten years prior to John r. Rockefeller. William Rocke feller. Henry M. Rogers. Henry M. Flag ler. John I. Archbold, Oliver H. Payne and Charles M. Pratt had acquired con trol of any competing corporations so that they had placed a majority of the stock of these corporations and interests In business thus, obtained in various' trus tees: that they had thereby suppressed competition; that from 1879 to 1893 they prevented such corporations and others from competing, by causing a majority of their stock to be held in trust for stockholders of the Standard Oil Company of Ohio: that from 1X2 to 1SP9 they ac complished the same result by the Joint equitable ownership of a majority of the stock; that In 1S99 they caused a majority or the stock of said 19 corporations to be transferred to the Standard Oil Company of New Jersey, in exchange for its stock, so that the latter acquired legal title and power to fix rates of transportation, pur chase and selling price of petroleum. Sherman Act Not Violated. "S. In finding that the Standard OH Company of New Jersey has, since 1&19, prevented competition, because for many years prior to 1S99 the corporation had been held In the same common ownership. "6. In finding that, if the necessary ef fect of a contract is to restrict free com petition. It is a violation of the Sherman act. T. In finding that the exchange of stock of competitive corporations, the ef fect of which Is to restrict competition, constitutes a combination in restraint of commerce. "8. In finding that the Standard Oil Company of Ohio acquired other corpora tions by exchange of stock, .If such finding be construed to mean those methods of acquisition were exclusive, because many were bought for cash. No Monopoly, Defendants Cry. In finding that the method of dis solution of the so-called trust of 1SS2 was adopted to deter many, holders of trust certificates from surrendering them and accepting shares of stock or to en able individual defendants and their as sociates to secure control of all com panies. "la .In finding that the Supreme Court of Ohio, in 1S92. decided the trust of 1882 tended to create a monopoly. "11. In finding that when the Standard Oil Company of New Jersey, in 1S99, ac quired the stock of 19 coinpatnes it suc ceeded to the legal title to a majority of the stock if such finding means only a majority, the fact being that it acquired all shares of each of the 19 companies except the Northwestern Ohio Natural Gas Company. "IZ. Tn finding that between 1S99 and 190S affairs of the so-called subsidiary fonipanle had been managed by the New Jersey company an the business of a single person, the fact being that while there was co-operation for economical andH efficient management, each company was separately managed by its officers and directors. "13. In finding that among the com peines controlled by the New Jersey Corn- t Concluded oo Pas X 347 PERSONS GIVE 900 INCHES OF SKIN WOXDERFVI, GRAFTING DONE OX LINKSMAX'S BODY. Walla Walla .People Willingly Vol unteer to Give Cuticle and All Are Gritty. WALLA WALLA, Wash., Dec. 17. Skin from the bodies of 347 persons has been grafted upon the burned body of Reed Orews. a young lineman who narrowly escaped electrocution when he fell across two power wires at the electric sub station here two weeks ago. An appeal was made by physicians for volunteers to give bits of their cuticle and the response was liberal. Up to now over 900 square Inches have been grafted Irom friends and sympathizers upon the body of tho injured man. Among those offering portions of their skin were 75 students from Whitman Col lege. 50 from Walla Walla High School, 1U5 from the public schools and 25 soldiers from Fort Walla Walla. There has been so much interest in this remarkable case that the physicians have found little difficulty in obtaining -oIunteers for the ekin grafting opera tion. The grit displayed by those sub mitting to the operation has- been a dis tinctive feature of the procedure. The skin grafting is still going on and volun teers are being operated on at the rate of 30 a day. BARRETT TALKS OF UNION Discussion of Central American Co alition Revived, He Says. TOL13130. O., Dec. 17. In an address before the Toledo Chamber of Commerce tonight. John Barrett, director of the International Bureau of American Repub lics, declared that the present difficulties in Nicaragua have revived favorable dis cussion of a union of the five Central American republics. He said in part: "When the Central American Peace Con ference convened, at Waahington, in De cember. 1907. Blihu Root, then Secretary of State, spoke hopefully of such a union. "Enrique Creel, ex-Ambassador of Mexico, has announced that he looks for ward to an ultimate consolidation. One nation formed from these five republics would have an area of 170,000 square miles, an Atlantic coast line of 900 miles and a Pacific shore of 1100 miles, an an nual foreign trade valued at $50,000, 000, of which nearly half would be with the United States, and a population ex ceeding $3,000,000." FIVE PERISH IN FLAMES Girls Kinproyed in Undertaking Sup ply House Victims. PHILADELPHIA. Dec. 17. Five girls employed in the slx-stody building occupied by Schrack & Sherwood, manufacturers of undertakers' supplies, which was destroyed by fire last night, lost their lives in the flames. Their bodies were removed today. One fireman, Joseph Toner, was killed. He gave his life up in search ing for missing women. About 10 women were at work on the fifth floor when the fire was discov ered on the floor below. Most of them, with the assistance of police men and firemen, escaped. Some were carried out unconscious. PETER WILL NOT TRAVEL fccrvia's Kuler to Stay at Home In stead of Visiting Kuropcan Courts. BERLIN, Dec. IS. (Special.) The news that King Peter, of Servia, intends to visit St. Petersburg and other European courts Is not exact. The information re garding the projected" tour was published in a Belgrade newspaper after the vif.it of King Ferdinand. M. Milovanovitch, 'in a message from the Servian capital, states that the gov ernment is not occupied with an event uality of this sort, and considers that, for the present at any rate, the question Is not one to be discussed. POLAR RECORDS GONE OVER Cook's Friends Alarmed at Quick. Work of Danes. COPENHAGEN, Dec. 17. The examin ation of Dr. Cook's North Pole records seems likely to be concluded much earlier thau was anticipated. It appears possible that the report will be presented at to morrow's meeting of the consistory of the University of Copenhagen. The prospect of such an early termination is not re garded as a good omen by the public, which is friendly to Cook. TRAINMEN BADLY HURT Passenger Engine on Lake Shore Collides With Yard Locomotive. CLEVELAND, O- Dec. 17. West bound passenger train No. 1, on the Lake Shore, collided with a yard en gine in the yards this morning. Both engines were overturned, and the crews of both engines are reported to be fatally hurt. No passengers are known to be hurt. LEAD CLIPS HEART, LIVES Wounded Man Sits Vp in Bed and Recovery Expected. ST. JOSEPH. . Mo., Dec. 17. Francis Dr sdale. shot through the heart three weeks ago. is able to sit up In bed, and his complete recovery is expected. OREGON TRUNK TO LAY RAILS IN JULY Trains Will Run Next Autumn, Hill Says. OREGON'S NEED IS FARMERS Seek Immigration, Advises Railroad Builder. BUSY DAY IS SPENT HERE Conference With Local Representa tives and Inspection of Proper ties Take I'p Tlme Re turns Over North Bank. "We expect to begin laying rails on the Oregon Trunk Line not later than June 1. next, and by the following Autumn will have our railroad con structed Into Central Oregon," said J. J. Hill, veteran railroad-builder, yester day. "The work preliminary to laying the track is being prosecuted just as rapidly as the employment of men and the expenditure of money make possi ble." "No," was the terse but positive re ply of Mr. Hill when asked if he would extend the Oregon Trunk Line to San Francisco. However, there prevails a very strong suspicion locally that there Is no necessity for Mr. Hill to con struct a road into the California me tropolis. There is every reason to suspect that the empire builder has acquired an interest in the Western Pacific and that the real terminus of the Oregon Trunk is Lakeview, to which point the Western Pacific Is now extending Its line. This would afford Hill an entrance to California, the goal he long has coveted. Hill Replies Evasive. When asked -what feeders were con templated In connection with his line into the interior of the state, Mr. Hill answered evasively, but intimated that the policy of the Hill' system was to go after business wherever it was offered. He refused to commit himself definitely on this subject, but made the significant remark that the purpose of building the Oregon Trunk was to aid materially In the development of the state, and that that development In volved the. Invasion of all centers of production and supplying such sections with needed transportation facilities. In discussing general railroad condi tions of the country Mr. Hill was in clined to be pessimistic, contending that with the advance in cost of all ma terials required for construction and maintenance of railroads the large rail road systms of the country are having trouble to make ends meet. Optimistic as to State's Future. At the same time Mr. Hill, who has earned the reputation In the railroad world as the man who does things, is most optimistic of the future of this state and its development, which, he predicts. In the next few years will surpass most sanguine forecasts. "With the possible exception of the State of Montana." sfud Mr. Hill, "Ore gon has more unoccupied public land than any other state. Until recently there were many opportunities for the homeseeker in almost any of the West ern states, but the public domain aall able to the man who is desirous of oncluded on page 12.) "I CENTRAL OREGON'S WEALTH. When the Hill and Harri man railroads into Central Or egon are completed, the larg est body of pine timber in America will be accessible for the first time; waterpower of - the Deschutes River, four times greater than that of Niagara, will be ready for development, and a vast empire will be sub ject to settlement. These are some of the facts that -will be brought out in detail in the New Year's edition of The Or egonian, which will appear January 1, 1910. Everybody . is interested at this time in the country east of the Cascades, and no better opportunity to secure reliable information will be offered than The Oregonian Annual. It will tell of the progress made by the entire state during 1909, and of Port land's remarkable industrial gains. The price of the New Year's Oregonian is 5 cents. Postage in the United States, Canada, Mexico and the insular pos sessions, 4 cents. Foreign postage, 8 cents. , ASTOR PEARLS ARE BOGUS Inheritance Tax Appraisal Betrays Famons Necklace. NKW TORK. Dec. 17. (Special.) Mrs. William Astor. who was for voars the acknowledged head of New York society,"' naa among her Jewels the famous five strand necklace of pearls, which she wore on proud occasions and which was con sidered worth a king's ransom.. The inheritance tax appraisal of her es tate, which was filed today in the Surro gate's office, states that when this neck lace was submitted to Tiffany's for val uation. 90 imitation pearte were found in It. W'hile it contained this large number of false gems. It held enough real pearls to be worth $51,000. Mrs. Astor had a large collection of jewels, most of which she bequeathed to her children. The pieces which she gave to her son, Colonel John Jacob Astor, have been appraised at $58,600, and those which she left to her daughters, Mrs. M. Orme Wilson and Mrs. Charlotte Astor Haig, more than $231,000. SUICIDE USES PAREGORIC Distracted by Husband's Crime, Woman Drains 20 Bottles. SAN FRANCISCO., Dec. 17. (Special.) Driven to distraction by grief over the crime of her husband, er)io is in the City Prison, charged with a serious offense against his young daughter by his first wife, Mrs. Lucy Lang lasl night pur chased 30 bottles of paregoric at various drugstores throughout the city, then sat down on. a lounge in her . horns and drained the phials one by one. This morning she was found dead ky her landlady. In one of the hands was clutched an empty paregoric bottle. Seven others were lying om the couch beside the body, while the rest? were scattered about the room, where the woman had hurled them, empty. CHILD DIES OF LOCKJAW Fall on Rusty Nail Proves Fatal to Silverton Lad. ' SILVERTON, Or., Dec. 17. (Special.) Clarence Weeks, 6-year-old son of Fred Weeks, died in agony here today of lock jaw, after, a week's illness. Little Fred slipped a week ago while playing and fell on a rusty nail, which penetrated his knee. He became ill al most immediately and doctors decided he was suffering from tetanus. His agony throughout his illness was extreme until it was ended by death. ' VOTED FOR A BRIDGE, NOT TALK! OPPOSES. L National League May Be Ruled by Regency. VOTE STILL STANDS 4 TO 4 AH Agree That Three Regents '. May Be Necessary. HEYDLER MAY HOLD OVER Brown, of Louisville, Gets All Pro Heydler Votes Heydler Has Ma jority of Directors and Would Rule Regents. NEW YORK. Dec. 17. After taking three ballots, which showed a continua tion of the deadlock, the third session of the annual meeting of the National Base ball League adjourned tonight until to morrow morning. The three ballots stood: For John M. Ward, 4; for W. R. Brown, of Louisville, 4. The most significant feature of the meeting was the introduction by Garry Herrmann, president of the Cincinnati club, of a telegram from Ban B. John son, president of. the American League, which ran as follows: Johnson Withdraws Ultimatum: The American I.eagus elubownera have left New York. This should Indicate forci bly to you and your colleagues that we do not wish to interfere or embarraaa to the slightest degree your . organization In the election of an office?. When Herrmann read this telegram, John T. Brush moved "that Mr. John son's telegram, in which he recedes from his position, be accepted and given to the press." This was carried unanimously and, after tha four-hour session, President Ebbetts, of the Brooklyn nlub. announced that it was the sense of the eight magnates that Ban Johnson receded from his avowal not to sit on the National commission if Ward were elected president of the Na tional League, a position he assumed as an ardent advocate of the re-election of John A. Heydler. Ebbetts announced further that, if the eight presidents could not break the dead lock, they must either appoint a regency such as formerjy existed or appoint one of their number to act as president. He insisted that the meeting yesterday did not by resolution amend the bylaws whereby, in the event 6f a vacancy in the presidency, the board of directors should elect an acting president. . Heydler Would Rnle Regency. On the other hand, Horace Fogel, new president of the Philadelphia club, said. this morjting that the bylaws were so amended. Such a resolution, if adopted, would give the Heydler forces control. The board of directors is composed of Herrmann of Cincinnati, Dreyfuss of Pittsburg, Dovey of Boston, Murphy of Chicago and Eb betts of Brooklyn. The first three are pledged to Heydler. - The vote for Brown is not taken seri ously. Only two of the clubowners know him . personally. Heydler is ' not con sidered out of the race. The Hermann Dreyfuss faction still insists that it Is for him if there is a chance for him to win. If not, it is for anyone except Ward. As opposed to this, the Murphy followers l Concluded on Page 7.) JOHNSON 1 ON R OIL LAKE TAPPED, DRILLERS BELIEVE 150-BARREL FLOW REWARDS WORK IN EASTERN OREGON. Agents of Company Trying to Buy In Outstanding Stocks at Premium. BOISE. Idaho, Dec. 17. (Special.) The great oil lake of Eastern Oregon has been tapped, is the announcement of D. M. Hunt, contractor in charge of the well sunk by the .Eastern Oregon Oil & Gas Company, who declares he struck a 150 barrel flow of oil yesterday at a depth of 800 feet. The well Is sunk In Cow Hollow, eight miles southwest of - Vale, on Willow Creek. Several oil outfits are working in this vicinity, which is believed to be the center of the oil field. News of the strike has. created excite ment here. C. O. Thomas, of Vale, ar-' rived in Boise today with the news. He says the .word of Hunt is reliable. Par ties will leave here tomorrow to look over the field. Relying on the belief that the oil lake has been tapped, agents of the company are attempting to buy back all the stock, offering a premium. The strike probably will result in a stampede to the field. FOG IS WORST IN YEARS Vancouver Shipping Tied I'p as' Re sult of Vapor's Denseness. VANCOUVER. B. C, Dec. 17. (Spe cial.) At least four, and probably five decD-ea vessels are being badly delayed at this port and shipping along the Frazer River is almost at a standstill as the re sult of the worst fog here in yeans. The Empress of China is already three days behind sailing schedule for the Orient, while the Oceano, now two days late, will add two more btsfore she can dock and load for the Orient. The Aorangi, from Australia, with the Ooeano is anchored outside the harbor, unable to come Into berths and it is supposed the Weirliner Kumeric is grop ing about in the same neighborhood, being due today from the Orient. The Blue Funnel liner Bellerophon Is In port, being now three days late. p Steamer Casslar of the Union Steamship company is ashore outside the Narrows here, but in no danger while coastwise vessels are maintaining slow schedules. ZELAYA MUST PAY $2000 , v Nicaraguan Prefers Jail to Gratify ing Juliet Hero's Cupidity. NEW YORK, Dec. 17. (Special.) In a suit brought by Miss Juliet Hero for $100,000 damages against Anlbal Ze laya, the nephew of President Zelaya, of Nicaragua, for breach of ptomise of marriage, the Jury today rendered a verdict in the young - plaintiff's favor for $2000. Zelaya. who recently became a doctor of. medicine after going through col lege here, wrote many passionate lovo letters to Miss Hero, which wera read during the trial. Zelaya contended he merely expressed his admiration for her according to the custom of warm and impressionable Nicaraguans, but that he never proposed marriage seri ously. He says he will not t.sk his supposedly wealthy family! in Nicara gua for money to pay the Judgment. "I will go to Jail rather than give her or her scheming mother one dol lar," he declared. : REGARDED DEAD, MAN LIVES Three Times Legally Defunct, and All Property Administered. FRESNO. Cal.. Dec. 17.. (Special.) Henry E. Christopher, who for ten years has been mourned as dead by his rela tives, returned yesterday. He has three times been legally declared defunct in the courts of California, South Dakota and Nebraska, and his estate was long ago administered. His life Insurance policies even have been paid and the money spent by the beneficiaries. He came back as quietly and unexpectedly as he dropped from sight, on the after noon of July 14. 1899. He will give no explanation whatever of his absence. -' When asked if he would make any effort to regain his property,. Christo pher said he would not, and added: "It makes no difference to me whether the courts regard me as dead or alive." POKER GAME NOT FELONY Washington Supreme Court Decides Case of Mere Players. OLYMPIA, Wash., Dec. 17. (Special.) The Supreme Court today set aside the conviction ot two Cowlitz men under the felony gambling law and ordered them sentenced under the misdemeanor act. The defendants are Mathew Gaasch and Joseph Stock. The court says they cannot be punished under the felony law because the infor mation and proof show they were simply playing poker in a gambling-house and did not show that they had any owner ship in the house or game, as the felony law provides. . WRECKED FERRY IS FOUND Hulk of Vessel in 'Which 33 Lives Wert Lost . Is Located by Tug. ERIE, Pa.. Dec. 17. The wreck of the car ferry Marquette & Bessemer No. which ' foundered during the great storm on Lake Erie December 7, resulting in the death of 33 persons, -was found late this afternoon by the tugboat Heed, of this city, at a point 12 miles from Con neaut, Ohio BROKAW SMILES; WIFE HIDES FACE Husband Invites Her to Cake Walk TRUCE IS BUT SHORT LIVED Plaintiff Rests and Defense Opens in Divorce Suit. WOMAN'S OATH REPEATED Mrs. Brokaw Refuses to Admit She Used Profanity Until Brother-in- Law Will Swear She Did He Does, and Judge Smiles. NEW YORK, Dec. 17. Mrs. Mary Blai? Brokaw, the plaintiff, rested her case today, in her suit for separation, with ali mony of $60,000 a year from her husband, W. Gould Brokaw, and the . defense opened. Prospects for a reconciliation bright ened for a moment today when Attorney Mclntyre tendered Mrs. Brokaw an In vitation to the next year's cakewalk at High Point. N. C. the Brokaw Southern cquntry place. Brokaw smiled and his wife hid her face in her furs. But in the recess Brokaw defined his position as one of frank hostility. v Fight to Finish, Husband Insists. "Mrs. Brokaw," said he, "has rejected my advances often enough. I am going to fight this suit to a finish and J am well satisfied with its advance." Mrs. H. Bramwell Gilbert. Brokaw's sister, testified In his behalf that he and his wife were "a sweet, tender, solicitous and loving couple'." Mrs. Gilbert testified that Brokaw was not a drinking man. Bagley, one of Brokaw's grooms, testified to the same effect. Woman Moved to Oath. Gilbert had an amusing passage at arms with his sister-in-law over a point in her earlier testimony.. Mrs. Brokaw " had refused to admit her use of a pro fane adjective as applied to a servant's berth, in which she said her husband made her sleep when crossing the Atlantic unless Mr. Gilbert would swear she used it. "In my walk around the ship's deck I met the plaintiff face to face. I lifted my hat and she exclaimed: "I'll be fl it I'll occupy that berth,' " testified Gil bert today. As he repeated the debatable adjective, (Continued on Page 4.) INDEX OF TODAY'S NEWS,' I Tbe Weather. ' YESTERDAY'S Maximum temperature. 40 degrees; minimum, 30. TODAY'S Fair; easterly winds, probably shifting to southerly. Klcaragiura Affairs. Armed civilians in Managua threaten Amer icans; Buffalo hurries to Corinto. Page 5. Irias now said to be Zelaya's choice as pres ident of Nicaragua. Page 5. Trip south of Dr. Luis Anderson fought to indicate plan to confederate all Central American republics. Page 4. Wat tonal. Balling-r's supporters will urge searching departmental inquiry. Page 2. . Bap taken at ex-President Roosevelt iW H otise for criticism without just causvr Page 2. - Domestic. Standard Oil flies appeal to dissolution or der. Page 1. Japanese delivers lecture to set forth friendship to this - country. Page 2. Three women accused of murdering Mrs. Snead say she starved helself to death. Page 2. Mrs. Brokaw completes cane and defense opens in alimony suit. Page J. Five of Sugar Trust employes found guilty of conspiracy. Page 4. Governor Norris, of Montana, calls extra, .session on Capitol extension. Page 6. Startling testimony Is given In Colorado coal-fraud hearing. Page .3. Sports. National League deadlock may end today with regency; Johnson withdraws anti Ward ultimatum. Page 1. "Cyclone Johnny" Thompson bests" "Fight ing Dick" Hyland in ten-round bout. Page 7- Auto records from one to 20 miles smashed at Indianapolis. Page 7. A tte 11-Webster bout called draw, crowd hisses, favoring Webster. Page 7. Paciae Northwest. George Tracy, charged with brutal murder of his friend, in jail In Pendleton. Page tt. Roselair's wife-vlctfm was found with S3 knife gas he. Page 6. Mary Johnson, alleged "faker" of accidents, acquitted by Seattle jury. Page 6. Survey of route revives Interest In Grays Harbor to Columbia River canal project. Page 6. " Oil struck In great volume in Vale district of Oregon. Page 1. Over- 00 sauare inches of skin from 347 persons grafted on Walla, Walla man. Page L Commerclal and Marine. Northwest wheat prices continue to adrane. Pago 17. Rumors of crop shortage In Argentina. ( Page 17. Stock trading continues light. Pag 17. Volume of general business larger than in former years. Page 17. Observer Bvais arranges to take measure ments of snowfall. Page 16. ' Portland and Vicinity. Mayor Simon hears far cry from Mount Scott . for civic aid. Page 10 O. R. & X. will ask new bridge bids early next month. Page 10. Oregon Hitoriral Society wants more room for its exhibit. Page 9. Umatilla squaw cruelly shatters son's romance with affinity. Page 5. Samuel c. Oust is, aged veteran, cleared of murder charge.- page 11. 0:on Trunk to lay rails In July, Hill says. Page 3. Two robbers tlirillfngly fail, another gets $3 from saloon. Page 12. Woman whose husband threatened her with butcher knife gets divorce. Page 11. Mass meeting demands of Port of Portland. that Broadway bridge be advanced. Page 5.