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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (March 8, 1910)
TIIE MORNING OREGONIAN, TUESDAY, MARCH 8, 1D10. COURT REVERSES PHYSICIAN INDICTED BY GRAND JURY IN CONNECTION WITH SWOPE MYSTERY IN JAIL. J " "" Authority of Commerce Com mission Exceeded, Says Federal Tribunal. GATEWAY ORDER t t r SPECIALTY SHOP awauiS NORTHERN PACIFIC WINNER Satisfactory Route Already Main tained From East to Puget Sound. Rrancli ORcad Cannot Compel Connection With Rival Line. "WASHINGTON, March' 7. Twice today the Supremo Court of the United States annulled orders of the Interstate Com merce Commission because the Commis sion had exceeded Ita authority. One of the orders of the Commission required the Northern Paoiflo Railway to Join with competing roads to establish, a through route and Joint rates from the East to Puget fiotmd points via Portland. Or. The other order required the Dela ware, Lackawanna. & "Western Railroad to grant a physical connection with, the Eahway Valley Railroad Company at Summit, N. J. Artificial Meaning Given. The court held that the Northern Pa cific already maintained "a. satisfactory or reasonable route, from the East" to Puget Sound points, and as long as such a TOUte was In existence, the Commis sion could not require the road to Join in another route. The court took the position that cli mate, scenery and a desire to visit along the routes south of the Northern Pa cific did not make the hitter's route "unsatisfactory or unreasonable," and to hold otherwise would be to give an artificial 'meaning to the words of the statute. "The condition In the statute Is not to be trifled with," said Justice Holmes, in announcing the opinion of the court. Branch Road Not Defined. In the other case it was held that the Commission did not have power to re quire a railroad to grant a connection with A branch railroad upon complaint of the branch railroad Itself. The court refrained' from deciding -what was a branch railroad, one of the points in the case. Chairman Knapp dissented from the opinion of the Commission when the Joint rate order was issued, and has been upheld by the decision of the Supreme Court today. PORTLAND'S IiOSS MINIMIZED Trackage Agreement With Northern Pacific Counteracts Decision. That, so far as Portland Is individually concerned, the issue in the "gateway" rase decided yesterday by the Supreme Court is merely academic. Is the view taken by local railroad men. The real Issue at stake was decided when the contract was signed whereby the Oregon & Washington, a Harriman . corporation, got trackage rights' over the Northern Pacific line to Seattle for S9 years. Inasmuch as the Union Pacific row gets into Seattle over Its own route a through passenger rate with the North ern Pacific is not even desired by that road. The Portland gateway controversy af fected travelers directly only -in the checking of baggage. Prior to the time the O. & W. service was established, persons Journeying to Puget Sound from points east of Cheyenne via the Union Pacific and O. R. & N. could secure the same rates as over the Northern lines. While the Northern Pacific would not Join with the Union Pacific in establishing a through rate the latter absorbed the local fare between Portland and Seattle. In or der to secure the long haul, however, the Northern Pacific refused to accept through baggage checks, and the traveler was obliged to recheck In Portland. Competitive enthusiasm or carelessness of agents, it is said, frequently resulted in the traveler not understanding the necessity for rechecking baggage and complaints were numerous. The same Inconvenience was imposed on persons leaving Seattle for the East via Portland. In short, the Northern Pacific used the baggage inconveniences to force travel over its own lines. With the establishment of the O. & W. service the gateway was In effect opened for the Harriman agents to sell tickets over their own route and check baggage accordingly. Likely the only effect that will be noticed In Portland from the decision will be In the choice of trains for persons de siring to go East aver the Northern Pa cific via Tacoma or Seattle. Had the Supreme Court established the principle that a passenger might have his own choice of two equally good routes a per Bon might leave Portland on the O. & W. or Shasta Limited and then take the Northern Pacific train at Seattle or Ta coma. having his bagage checked through to his Eastern destination. As a result of the decision, however, the traveler so bound will be confined In choice of trains between Portland and Puget Sound to those of the Northern Pacific. On the other hand, persons leaving Se attle for the East via Portland and the Harriman system will have to choose from the O. & W. trains in Journeying to this city. J !fL urted by one railroad man that the decision may affect the Issu ance of round trip tickets to persons de siring to come West over the Harriman system and return via Puget Sound and the Northern Pacific, or vice versa. A. controversy may arise as to which roaj hall have the haul between Portland and Puget Sound. This was offered only as a suggestion, however, of a contingency that might arise. The gateway controversy has been be the Public for many years. The O & when an independent line! sought to force the establishment of through rates with the Northern Pacific under the old Interstate Commerce Com- Hi Jinct:. Thi" was decided to favor or the Northern Pacific about 15 years ago. After the passage of the later act ?hf rHmpInt waa ",ed an although the Northern Pacific lost before the In terstate Commerce Commission it has now won in the highest tribunal. h.rVf PSe J3ed the Portland Cham ber of Commerce, which is a party In aev Pr00??'"9 Acting freight rates, was not Interested. Joseph N. eaL at torney for the traffic, bureau of thl wtm"er- 6?id yesterday that he did not look upon the decision as of great Im portance to the traveling public In presentation of the case before the Interstate Commerce Commission and Ihl Supreme Court none of the railroad leas! counsel located In Portland ,1 Chamberlain to Ask Sutton Probe. WASHINGTON-. March 7.-9emrtor Chamberlain says that on Wednesday he will introduce a resolution in the Sen , ate proposing a. Congressional lnvestiga l tion the letlof Naval Cadet fiuttoa. t I j It -' . I ' ' ' Iff X - V' X ' DR. BENNETT HYDE BEHIND BARS Prisoners Jeer as He Is Led Past Their Ceils. INDICTED MAN COMPOSED Apparently 'Unconcerned and Smokes Cigar aa Re Is Placed in Hospital Ward Jordan's Typhoid Fever Raises Hyde's Hopes. KANSAS CITY. Mo.. March 7. Dr. B. C. Hyde, indicted on 13 counts in con nection with the Swope mystery, spent to night in the county Jail. At noon Judge Latshaw, of the Criminal Court, decided be would not hear the physician's appli cation for bail until 10 o'clock tomorrow morning. Little perturbation was shown by Dr. Hyde when he learned he must go to JalL Permission was asked that the ac cused man be placed In the hospital ward, and this was granted. To reach this ward it was necessary to escort the prisoner through a section of the cell-house. The prisoners were quick to recognize the now famous accused man, and regardless of the efforts of the officers to keep them quiet, many re marks were passed through the cells. Dr. Hyde Is Jeered. A few jeered. Dr. Hyde walked erect, his eyes fixed straight ahead, apparently oblivious to the jeers. Entering the ward, the prisoner took a chair and calmly smoked a cigar. Since the illness of "Dr." Chessing Hatred Chase Jordan, the negro herb specialist whose medicine Colonel Swope used to take, has been diagnosed as ty phoid fever. Dr. Hyde's hopes seem to have taken a jump. His attorneys have made the most of this fact, and It is thought certain they will attempt to show a connection between the illness and the medicines, for Jordan has admitted taking his own nostrums. Xr. J. A. Mitchell is attending Jordan, and it is he who made the diagnosis of typhoid. He professes not to know how the disease was contracted, and would not commit himself as to the possibility of the medicines peddled by the "spe cialist' having anything to do with the case. "I have no means of knowing how the disease originated." said he, "but it is certainly there." Typliold Cultures in Evidence. In connection with the typhoid fever epidemic in the Swope family, an impor tant witness before the grand jury was Miss Bessie Coughlin. a stenographer in the office of Dr. Hyde, who told of a call made toy Dr. E. L. Stewart. Dr. Stewart, she said, called one day to inquire what' had become of the typhoid cultures he had given to Dr. Hyde. Colonel Swope's sister-in-law. Mrs. L. O. Swope, gave testimony damaging to Dr. Hyde, when she described how the doctor and his wife, Frances, who is her daughter, left the Swope home after a quarrel with Colonel Swope. "Colonel Swope did not like children," she said, "and especially girls. In fact, he was afraid of women. He would willingly go to meet any number of men and talk to them, but if he knew a wom an was to be there, he would not go at alL" BELLS OF ST. MICHAEL Romantic Guide to Mariners Along the Carolina Coast. Harper's. The cornerstone of the Church of St. Michael was laid in 1752. on the site first occupied by old St. Philip's, one of the most ancient Colonial churches in America. It was not until 12 years later that the chime of eight bells was installed In the high steeple, which long served to guide mariners along that part of the Carolina coast. The money for these bells was raised by popular subscription, and they were cast In London. It was a gala day when they arrived and were swung Into place in the lofty belfry where every one thought that they would ring for all time to come. A life of devotion and peace had been arranged for them, but it continued only 18 years. Then their vlclssitudinous his tory began. "When the British evacuated Charleston Major Trallle of the Royal Artillery claimed the eight bells as one of the perquisites of war. He took them back to England, and there they were sold. Sir Guy Carleton. who was then at New Tork. was appealed to. and. he Is sued an order for the return of the bells. U&IeaBWhlto thex tmi been bought In JJon. CLARK HYDE. don by a Mr. Rybenau, formerly a mer chant of Charleston, as a "commercial venture." He had them shipped back to their former home, hoping to make a profit on their sale when they arrived. JuBt after the battle of Secessionvllle, In 1862, St. Michael's chimes were taken down to escape being injured in the bombardment of Charleston. They were sent to Columbia, S. C, for safety. This move turned out disastrously, for during the occupation of Columbia by Sherman's army the bells were burned in the fire of February 17, 1865. But they were so loved that the fragments were sacredly guarded, and when the war was over these pieces of old metal were shipped to England, to Mears and Steinbank, In London, the successors to the first found ers, and recast. Strange as it may seem, the original moulds into which they had been poured a century before had still been preserved. In February, 1867, the eight bells came back once more to Charleston. The entire set of chimes had crossed the Atlantic five times, and two of the bells seven. Since then they have passed unharmed through many dangers. In spite of cy clones and earthquakes that nearly de molished the church, they still swing un injured high up in their steeple: Every Sunday they call the people for half an hour before the time of each service. They -toll or ring joyously to mark anni versaries or holidays: in fact, their mel low sound Is one of the chief beauties of the picturesque old town by the sea. MONOPOLY HAS LIMITS THEY ARE MAN'S CAPACITY, EVEN IF GENIUS, SAYS KAHX. Banker Says Harriman Merger Was Armed to Protect, Xot to Ex tend Interests. NEW YORK. March 7. Otto Kahn, of the firm of Kb.hn, Loeb & Co., bankers for the late E. H. Harriman, defined today on the witness stand the limits nature has set upon centralized finance. "When an aggregation of roads becomes so great." said Mr. Kahn, "that the management of them exceeds the ability of one man, even If that man is a genius, such a combination is no longer of economic value." Mr. Kahn was testifying in the Govern ment's suit to dissolve the Union-Southern Paciflo merger. Mr. Harriman, he said, had not bought the Southern Pa cific to extend his influence, but rather to conserve what powers he had and to safeguard his strategic nositlon. Th .Union Pacific then reached the Pacific -oast over the tracks of the Southern Pacific and there had been rumors after the death of Collis P.' Huntington that interests hostile to the Harriman roads were negotiating for the purchase of the Southern Pacific. Among these were al leged to be the Goulds. What the Harriman line wanted was not the Sunset Route, but the gateway of San Francisco to the Orient. "You consider then," asked counsel for the Government, "if you could have got rid of the Sunset Route, which was a competing line of the Union Pacific, It would have been a distinct advantage to you?" "Not on account of the competing fea ture," answered Mr. Kahn. "If we had sought to obtain a monopoly, the easiest way would have been to buy the Atchison and the Rock Island and afterward the Northern Pacific.' Mr. Harriman, Mr. Kahn went on, had come to his bankers with such a pro posal. They believed in Harriman's genius and Mr. Harriman believed In him self, but Kuhn, Loeb & Co. had advised against such a proposal and Mr. Harri man had barkened. It was too big an undertaking, they thought, for one man to swing. After Harriman's death, the Union Pa jitlc had bought an additional 74.000 shares of Southern Pacific stock to safeguard Itself against President Taft's proposed legislation to make it Illegal for a road owning less than one-half the stock of a competing road to acquire additional stock, but permitting a road having 60 per cent or more to make such purchase. Mr. Kahn Bald another reason for the large Issue of bonds was the rumor that Hill Interests were going to purchase the Burlington railroad. The Union Pa cific wanted to get a participation In any purchase of the Burlington to protect it-' self, and It would need money If this par ticipation was granted. Mr. Kahn said it was learned later that the Hill interests had secured control of the Burlington. . "Mr. Hill and Mr. Harriman at that time were anything but friendly. After they got to know each other better they came to respect and admire each other," said Mr. Kahn. The Union Pacific interests bought into the Northern. Pacific, said Mr. Kahn, but with no intent to create a monopoly. Shipwrecked Crew Reaches Port. NEW YORK, March 1. The Anchor Line steamer Caledonia, which arrived jtnis morning, brought, to port Caplain The trade-mark in the hat tells the story are worn by men of distinction in America and Europe. CntI.m.n' Hats Buffum & Pendleton Ladies HaU Olds, Wortman & King TN ANCIENT ROME a wife J- could divorce her husband if his breath were impure. The dairy thorough use of ,. Dr. Lyon's PERFECT Tooth Fouder not only cleanses, preserves and beautifies the teeth without in jury, but imparts purity andfra grance to the breath, removing instantly the odor of tobacco. Zerpe and 47 shipwrecked seamen of the Russia?? steamer Korea, abandoned in mldocean on March 1. SPEED OF WILD DUCKS In Iead Calm They Average Fifty elght Miles an Honr, -. Scotsman. My observations were made with mal lard and widgeon Just off the sea, and coming in at the evening flight, such birds not having got fully under way, having traveled only about two miles or a mile and a half, according to the state of the tide. The time varied from 10 miles an hour In the teeth, of a hurri cane to 190 miles an hour with half a gale driving them forward, their speed with a full gale being below this. In a dead calm they averaged 68 miles an hour, but, as I have men tioned, they were not traveling at top speed. Other species of ducks fly much faster than this, the speed of a mer ganser going down wind being some thing terrific, and if I mentioned my Tough calculations made as to his speed with a stiff breeze behind him no one would believe me, so I will refrain from doing: so. One day in March when a fresh breeze was blowing down the Holy Sound in Orkney, mergansers were lost sight of in five seconds after passing the point upon which I was sitting. They are without doubt the fastest of our web footed birds, although other of the div ing ducks, such as the goldeneye, fly at enormous velocity. The speed at which birds are travel ing is very deceptive for instance, swallows appear to be going very fast, but rarely attain a speed of 80 miles an hour, whereas wild geese appear to be traveling very slowly when seen at a distance, but see them passing over you at dawn about BO yards overhead, and their wings look l!k flywheels, giving the birds the appearance, of huge bees In the half light, so fast are their wings vibrating. FROG TAUGHT TO SNEEZE Jumper Also Usea Handkerchief at Owner's Command. NEW YORK. March 6. Professor Raymond L. Dltmars, of the Bronx Zo ological Park, after four months of constant effort, has placed on exhi bition in his private office the first real live trained frog, and one which, if its nose is tickled long enough, will sneeze and then use a small pocket handkerchief as deftly as a human be ing. Professor Dltmars has named his sneezing frog Bouncer, but explained privately that his real name Is Rana temporiaria. He suggested that Bounc er's ability to learn quickly how to manipulate a handkerchief resulted from the animal's brief experience as a tadpole, when it was subject to vary ing degrees of temperature, usually productive of colds. To show that the frog lives up to ita reputation as a leaping amphibian. Pro fessor Dltmars has taught Bouncer one or two acrobatic tricks, such as Jump ing over a stick and leaping Into a hat. The feature of its performance, how ever, is a genuine sneeze. Surgical Operations They Failed ta Cure Painful Ulcers. H. "E. Boardman, Yonkers, N. Y., writes: "I suffered from severe pains in my eyes, caused by ulcers, and doctored a great. deal and underwent three opera tions, but failed to get permanent re lief till I tried Hood's Sarsapaiilla. I can not too highly praise this remedy. I recommend it heartily to all who are troubled with Impure blood." Hood's Sarsaparilla effects Its won derful cures, not simply because it con tains sarsaparilla, but because it com bines the utmost remedial values of more than twenty different ingredients. There is no real substitute for It- If urged to buy any preparation said to be "Just as good" you may be sure It is inferior, costs less to make and yields the dealer a larger profit. Get Hood's Sanaparllla today. In usual liquid form or tablet called Barsataba. V1LEV RUBBERS BECOME! NECESSARY and your shoes pinch, shake into your shoes Allen's Foot-Ease, the antiseptic powder for the feet. It cures painful, swollen. smart Ins, sweating- xeet. and takes the sting- out of corns and bunions. Just the thing; for pat ent leather shoes, dancing- parties and for Breaking- in New shoes. Many people can not wear heavy stockings comfortably with out shaking- Allen's Koot-Eaae Into tha shoes. Sold everywhere. 25c Sample FREE. Address Allen B. Olmsted, 1 Roy, H. X. Xtoo'-t- accept aax subalUiH 3ELM.G Ladies' Entrance SHOT KILLS, CHIEF HELD XAMPA POLICE HEAD FACES MANSLAUGHTER CHARGE. Blacksmith Who Resisted Arrest Dies of Wound, Wife Complains. Official Out on Bonds. NAMPA, Idaho. .March 7. (Special.) W. B. Fleming, Chief of Police of this city, was bound over today to the Dis trict Court to answer a charge of man slaughter. He is out under bonds of 1000. On February 8 Chief Fleming and a patrolman arrested James Moore, a black smith of Narapa, for disturbing the peace. Moore resisted arrest, broke away from the officers and ran. Fleming fired three shots, one of which struck Moore In the leg. Moore died a few days later from the effects of the wound, and his wife filed a charge of manslaughter against the Chief of Police. Considerable feeling was aroused against Chief Fleming at the time of the shoot ing, many saying he was not justified In using his revolver, but the city officials upheld the chief, although he was sus pended from duty pending the outcome of the manslaughter charge. The Coroner's Jury decided that the shooting was accidental and that Moore's wound was caused by a glancing bullet. At the preliminary hearing evidence waa Introduced to show that the chief ' was Justified in using his pistol and also that he did not shoot to wound Moore, but only to scare him. The preliminary hearing was held at Caldwell before Judge Zebree. and two days were con sumed in hearing the evidence. BROKEN NEEDLE TRAVELS Swallowed Whole, Halves Emerge From Toes of Both Feet. YORK, Pa., March S Mrs. Charles B. Carr, of York, has extracted from be neath the big toe nail of her right foot. where she discovered an Inflamed spot. the second half of a common steel sew ing needle swallowed by her 15 years ago. When Mrs. Carr swallowed the needle It was unbroken. At times afterward she felt sharp pains in various parts of her 'body, and eight years ago from a toe on her left foot she recovered the pointed end of the needle, about one third of Its entire length. She had forgotten all about the other part, when, her attention attracted by the Inflammation upon the toe of her right foot, she made an examination and drew forth the remainder of the needle. In its wanderings it had re tained its original brightness. First Blackrock Settler Dies. NORTH YAKIMA. Wash.. March 7 (Special.) B. F. Vaughn. 81 years old. the first settler in the Blackrock district east of North Yakima, died Friday at the home of his daughter, Mrs. J. C. Berry. In Cast Selah. Mr. Vaughn came to the Blackrock country over 20 years ago and took up a homestead, being the AND CALLING r-ARrifl WG.SMITH Sl CO Should Appeal to Every Good Dresser, Be They LADY OR GENTLEMAN The latest and most exclusive styles are to be found at Gray's Exclusive Outer Garment Shop. Men's suits and overcoats priced $20.00 to $50.00 Also the Ultra Style Conceits In ladies' tailored suits and coats. Priced $20.00 to $200.00. Competent Salespeople always ready to serve you. 148 Fourth 273-275 Morrison, at Fourth only settler between North Yakima and the Columbia River. Three years ago he went to Portland, where he remained for more than a year with his daughter. He then came to Selah and made his 100 Greater Values In Van Dyck "Quality" Cigars made in Tampa, Florida you get all that is possible in the imported at one-half the cost. . 'You get the choicest Havana tobacco grown, direct from our own Cuban warehouses. , You get native workmanship the same as in the Cuban-made cigar. And you get a cigar made where Cuba's climate prevails so that nothing of the natural, exquisite aromatic flavor is lost. Vain IDyefe Quality" Cigars Thejonly difference between the Van Dyck "Quality" and the eigar made in Cuba is in the price. One-half the cost of the "Imported" lies in the duty. Van Dyck "Quality" Cigars are solid tobacco value. They are made for men who At Your Dealers 3 M. A. GTJNST & CO. "The TTWTpirW iiittimmuiAitUHDMtUiiuiUi n' If BEFORE OLTMPIA II Every Bottle Is Washed 1 THREE TIMES INSIDE, TWICE OUTSIDE AND RINSED Then each bottle is inspected separately t insure cleanliness. After they are filled each bottle is pasteurized. Greater care could not be used in your own house. Sweet, Pure Well Water .i , it) mi u Sweet, pure -well water, from deep, deep wells ideal for brewing pur poses enables us to make better beer than most brewers. Olympia Beer builds up the body. Order a case at once and alwa3-s keep some on hand. OLYMPIA BEER AGENCY 330 Johnson St. Both phones Main 671 or A 2467. home there. He is survived by his widow and three daughters: Mrs. M. C. Robert son, of Indiana; Mrs. J. C Berry, of East Selah, and Miss Bird Vaughn, of Portland, Or. discriminate men-who-know. Van Dyck "Quality" is to be had in twenty-seven differ ent sizes from the thin, mild panetela to the fat, full flavored perfecto each one an appeal to the most fastidious taste in Havanas. - for - 25c to 25c each House of Staples" Distributors !!lliiiiiiwiihiJiiJ BEER IS BOTTLED Olympia Beer Builds tw "tn t i"