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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (March 14, 1910)
I TIIE MORNING- OREGOXIAN, MONDAY. MARCH 14, 1910. GATEWAY DECISION FINDS CASE WEAK "Artificial Use of Words" Only Basis of Charge Alleging Poor Route. SOLE DISSENTER UPHELD Supreme Court Holds Interstate Commerce Commission Exceeded Authority 8000 Persons Come Here via XT. P. Yearly. OiREGONIAN NEWS ECHEAU, Wash ington. March 13. The text of the recent decision of the Supreme Court In the Portland passenger gateway case, which overturns the order of the Interstate Commerce Commission, rendered last Summer, Is as follows: "The preliminary injunction was grant ed by four Circuit Judges on the ground that th&j commission had exceeded its powers, and the case was brought here by appeal. An order wasmade in a pro ceeding instituted by the commission upon its own motion and requiring the establishment of through routes and joint rateg for passengers and their baggage, mst and west, from and to points on the Chicago & Northwestern Railroad and the Union Pacific system, via Port land, to points on the Northern Pacific between Portland and Seattle. The joint rates are to be the same as the present rates between the same points via the Northern Pacific road and its connec tions. Its order concerns passenger traf fic in one direction only. It does not affect round trips and it does not deal with freight. Coupon Plan Followed. "The points between Portland and Se . attle can be reached from the places mentioned at the other end of the route by way of the Northern Pacific line from St. Paul or by way of the Bur lington and Northern Pacific, the Bur lington being jointly owned and con trolled by the Northern Pacific and the Great Northern. An average of 8000 per sons a year go by way of the Union Pacific to Portland,, where, to go fur ther, passengers have ' to change to the Northern Pacific. Under the present ar rangement the Union Pacific issues a coupon with its tickets, entitling the holder to a first-class passage on from Portland, but he has to exchange the coupon for a ticket to recheck his bag gage and to pay the additional Pullman Xare. The effect of the order is to put the Union Pacific on equal footing with the Northern Pacific in the use for through travel of the road belonging to the latter between Portland and S attle. It is said that this road, with the expensive terminals of the Northern Pacific at Tacoma and Seattle, would not be supported by local business, but de pends on the traffic of the whole North ern Pacific system. Therefore the Northern Pacific objects to the order and brings this bill. Commission Exceeded Authority. "We are of opinion, then, that the commission had no power to make the order if a reasonable and satisfactory through route already existed, and that the existence of such route may be In quired into by the courts. How far the courts should go in that inquiry we need not now decide. No doubt in complex and delicate cases great weight at least would bo attached to the judgment of the commission. But in the present in stance there is no room for difference as -to the facts, and the majority of the commission plainly could not and would not have made the declaration in their order that there was no such through route but for a view of the law upon which the courts must pass. It is admitted that the Northern Pacific route is shorter than that of the Union Pacific by way of Portland, and the run ning time somewhat less, and it is added by the majority that the passenger goes In as good a car and is provided as good a berth and as good a meal. Reasons Not Sufficient. "There is some suggestion that at times the Northern route may not be as good as the Southern, although at other times It may be better, but the ground of the order avowedly was that the personal preference of many travelers., is to go by the Southern way. If theydo this it is said they can select from a great vari ety of routes as far as Ogden; they can visit cities not reached by the Northern lines; they can search over a wide area for homesteads; they can behold the natural beauties that may be rivaled but not repeated on other ; roads. It appears to us that -these grounds do not Justify the order. The most Uiat can he said of them Is that they are reasons for desiring a second through route, but they are not reasons warranting the declaration that 'no reasonable or satisfactory route exists.' "Obviously that Is not true except by en artificial use of words. It cannot be said that there is no such route because the public should prefer two. The con dition in the statute is not to be trifled away. Except in case of a need such as the statute implies the injustice point ed out by the chairman in his dissent is not permitted by the law." The decision quoted sustains Chair man Knapp. who alone dissented to the commission's order in this case. WOODRUFF WILL NOT QUIT (Continued Prom First Page.) by Mr. Root and those associated with him to canvass the state committee as a preliminary to calling a special meeting In the near future. The situation was tense In the op posing camps all day and it was not until nearly midnight that the final declaration of war was made. The captains of the-rpposlng forces were In conference throughout the day with their aides. Senator Root made his headquarters at his residence, 743 Park avenue, and received there' the reports of those who are with the Na tional Administration. Chairman Steeled by Friends. Mr. Woodruff was In conference with his assistants and was urged to stand firm. Those who have known him longest feared that he wosld weaken when the critical moment came and surrender at the first shot from Wash ington. They steeled him to resist, and swore they would stand by him until the finish, even if they went down to gether. It was after the day of light skirmishes that the two leaders came together. The state chairman went to the Senator's residence at 8 o'clock and remained until nearly 11. Senator Root declined to discuss the conference or the day's developments. He said imply that iie had no information to impart and refused even to hint what would be the next steps in the con flirt. Mr. Woodruff was equally lo quacious. "Ask Root," Only Reply. "Did Mr. Root ask you to quit? the state chairman was asked. "You better ask' Root," was the answer. v. "Did he inform you that if you did not resign you would be forced out?" "Ask Root," said Mr. Woodruff, ap parently clspleased by the question. "Is there going to be a fight?" "Mr. Root will have to answer that question." It is Mr. Woodruff's last stand. In other critical moments he has sur rendered rather than fight, because he always won a point by giving up his contention. If he resigns now, under fire, it would mean his exit from poli tices. It is recognized that to accept the responsibility for the present state of affairs in the Empire State could liltiiSiiiilWii I . '- - - t " a. " M Timothy L. Woodruff, Who De clares Open War in New York on National Republican Lead ers, Refusing: to Resign Chairmanship. mean nothing else than political re tirement. Mr. Woodruff was supported by Wil liam Barnes, Jr., leader of the Repub lican forces in Albany and an open an tagonist of Governor Hughes. DEATH GOMES, FINDS JOY OL.D ACTOR PASSES, AS CHAJfCE OF1.JOB IS HIS. George Frederick Bird, Veteran, Ac cidentally Kills Himself Writ ing to Employer. CHICAGO, March 12. When the last curtain fell on the life of George Fred erick Bird, actor of the old school, there was no applause from an en raptured audience, no accompaniment of "sympathetic music," the wall of the violins and the haunting undernote of the cellos as he struggled for the breath that would not come. Instead of the theater-goer it. was the police before whom his tragedy was unfolded the tragedy of the man down and out, who had struggled gamely, won a chance to "come back" and died acci dentally before he could avail himself of that coveted opportunity. They found him with his lips curled in a smile, huddled on the floor of a dingy room at 408 North Clark street. A revolver, one of his old "props" lay near him. But the old man, seven years past that age at which Dr. Osier pro nounced chlorforming a kindness, had no reason to seek death by his own hand. The policemen listened as Bird's land lady told the story, and wiped their eyes when she had finished. Then they "declared that death had resulted from an accident. There was everything to bear out their belief. The veteran actor had been writing a letter to the theatrical manager who had offered him the price less chance to "go on" once more in the "legit." The manager had been an old friend, evidently, for the letter to him began "Dear Ed." The rest of the manager's name is locked for ever in the worn, old body. He went to the battered trunk and ransacked it, perhaps to be sure of overlooking nothing. The revolver, a long horse pistol of the wild West days, which he had used in many a perform ance, became entangled in some article of clothing, and as he tugged to re lease it there was a report, and he sank to the floor with a bullet through his body. Cars clanging past the house dulled the sound and It was not until a woman came to tidy up his room that he was found, the smile of renewed ambition hovering on his lips and defying the pain of death. DRUGGIST IS FINED $200 Idaho Dry County Records Big In crease In Liquor Penalties. MOSCOW, Idaho, March 13. (Spe cial.) Charles McCarter, drug store proprietor, who was arrested for sell ing liquor without a license last Thurs-4 day and who first pleaded not guilty, has changed his plea to guilty and has been fined $200 and costs by Judge Morgaridge. In the first 15 months of the admin istration of County Attorney Suppiger and Probate Judge Morgaridge there have been collected and turned over to the school fund more fines than In any two-year term in the history of Latah County. Most of these fines have been for gambling and the Il legal selling of liquor. i Latah County, was the first county in the state to go dry and did so be fore the local option lawa were passed. It was done by electing County Com missioners who would not grant saloon licenses. CONSERVING NOT BOTTLING J. X. Teal Speaks on Saving Re sources of Oregon. ' That conservation of forests does not mean a Bottling-up of resources, but rather a prevention of waste and the preservation and development of our forest growths, was the idea of Joseph N. Teal, chairman of the State Con servation Commission, expressed in an address last night at the First Uni tarian Church on. the subject, "Con servation in Oregon." "rOegon has the largest body of timber of any state." he said. "The Government last year spent 9150.000 for fire protection, while the State of Oregon did not spend one cent for the purpose. Unrestricted", individual ex ploitation of forests means a little gain to the Individual and a rapid deple tion of, ttk& resources." M'CREOIE'S REPLY IS NOT MADE iv 1 1 1 D Representative Answers Con stituent Who Criticises Mo tives of ex-Jurist. TACOMA MAN MADE TARGET Member of Congress Angered by Re tort That He "Wears Collar" Be cause He Believes Magazines Sliould Pay Higher Postage. OREGONIAN NEWS BUREAU, Wash ington, March 9. Representative Mc Credie believes that magazines should bear their share of the postal expenses of the Federal Government; in other words, he is in favor of raising the rate on magazines. By reason of this fact he has incurred the bitter enmity of a constituent who resides in Tacoma. Hence a bit of rather spirited corre spondence between them. This resident of Tacoma. who shall be nameless, because unknown, sent to Judge McCredie a letter of protest against any advance ill the postal rate on magazines. It was one of the for mal letters distributed broadcast over the country by some of the magazines that are fighting this proposed legisla tion. Having received hundreds of simi lar letters'. Representative McCredie had prepared a circular letter of reply in which he politely acknowledged receipt of suggestions, and took occasion to re turn his own views. This circular letter angered the Tacoman, and induced him to write an Insulting letter, which Mc Credie resented. And here Is thfe Judge's reply: M'Credie's Reply Caustic. "Dear Sir: Tour letter of February 23 is at hand, and I reply in a somewhat unbecoming and ungentlemanly manner. You say. 'The circular bears well-known ear-marks. But I must confess to being a little surprised that you should so early and so freely admit that you wear the collar of your masters." "Is that a portrayal of the depth and width of your mind and the purity of your character? It is a physiological fact that a man who Is a falsifier, a thief, a corruptlonist by nature, a debaucher, a despoller of character, looking through himself, classes ail men as liars, thieves, corruptionlsts and debauchers of charac ter. I have no objection to you claselfy ing yourself. "From your letter I take It that you received a letter from at least my office, making some statements relative to the proposed increased rate on second-class mall matter. You were not requested to concur In them. A wise man will get his premises right and then draw correct or nearly correct conclusions. Instead of digesting my letter and, in case of dis agreement, writing a gentlemanly letter pointing out the defects, you fly into a passion and hurl back a base insult. Truth Not Always on One Side. "I am cognizant of the fact that there Is a falsity in politics, falsity In religion and falsity in many things, yet the main streams are pure, but in all there is nothing more false than that which I quote from your letter. Truth is not al ways on one side of any question, but It is a bigoted ass that has no argument save abuse. Right should ultimately pre vail. Truth never dies. Too bad all men are not seekers after truth. Some men are so constituted intellectually and morally that it is absolutely impossible for them to make a correct deduction. "The United States carries about 45 letters for about 9 cents, and receives 90 cents therefor, or. a profit of 81 cents. It carries second-class mall matter at an expense of 9 cents and re ceives 1 cent therefor, thereby losing 8 cents. We lost last year $64,000,000 on second-class matter, and even if the railroad companies had carried all of the malls free of cost, we would still be short 1 14,000,000. First-class mail matter made up all of the $64,000,000 deficiency except $17,500,000. Now, wouldn't such a state of affairs suggest that our postal laws need readjustment as a matter of business, and not as be ing in servitude to some master as de picted by your nightmare? I suppose, in loyalty to the master's collar you wear and as typical of your business sense, you would raise letter postage to 3 cents to cover the deficiency, so as not to Interfere with the sacredness of the periodicals. I am not sure but what you would perform all of the postal work free to the patrons and pay for the same by a dream out of nothing." MRS. BAUER HOME AGAIN Talks of New York Experiences and Joins Anti-EIektra Chorus. "Oh, it's so good to get back home." said Mrs. Rose Bloch Bauer last night, and her sparkling eyes bore out the en thusiasm in her voice. "After the cold York, and the- stifling hotness of a jour ney across the desert lands of Southern Texas and Arizona, then to come home, back to God's country, on such a day Distinction is never acci dental every effect has a cause. IMPERIALES MOUTHPIEPB CIGARETTES have their cause in this the choice tobacco in them the skill that blended it the pure mat's paper that wraps it and the mouthpiece that cools the smoke. 10 for 10 cents THE JOHN DOLLMAN CO., Mfrs. M Gentur y asfer Fitters You have noticed that the press humor ists have about stopped aiming their ancient jokes at Plumbers and Fitters. Why? Because the people so seriously recognize the immense practical good that this modern body of earnest, skilled sani tary and heating experts is performing in uniformly, cleanly, healthfully warm ing and ventilating the home, the school, the church, the shop, and the office. An 11. 1J Radiators CAN I M . M El DEAL Boilers The men who carry out the Master Flttrs plans are skilled artisan. will fill your building with fresh, warm, clean air, holding all the vital giving elements, thereby promoting healthful and right living, and assur ing more comfort than by any other known way. Note the illustration of what is, called "Indirect heating" and ventilation, which is recommended by the foremost Master Fitters of America and Europe. With the aid of IDEAL Boilers and AMERICAN Radiators, these 20 th Century Master Fitters will contract to change the air as many times per hour as desired in any building, yet constantly keeping the 'temperature at 70 or any other degree wanted. Without noise, muss, or tearing up, these expert workers will put an outfit of IDEAL Boilers and AMERICAN Radiators in your building old or new farm or city. Our outfits do not rust out or wear out the savings they effect year in and year out pay handsome dividends on the investment. Let us acquaint you with the' nearest competent, reputable Master Fitter or Heating Contractor prepared to give you full, valuable information, careful estimate, and thor ough installation. The service they are prepared to furnish will protect your family health and enable you to obtain the largest measure of heating and ventilating comfort with the least possible expenditure of fuel and work. You will need our catalog (free) to make selection of the right sizes and styles of AMERICAN Radiators to fit the most convenient spaces or locations in the rooms and hallways. Write, telephone, or call today. Prices are now most favorable. Showing how cold outside air is passed over an AMERICAN Indirect Radiator and warmed to 70 degrees before it enters the room. AMERICAN RADTATORTIOMPANY Write to Dept. N-12 282-286 Michigan Avenue, Chicago Public Showrooms and Warehouses located at Chicago, New York, Boston, Philadelphta.Washinrton, Buffalo Pittsbure Cleveland Cincinnati Atlanta Tr, Hi. wt ... Omaha. Minneapolis, St. Louis Kansas City, Denver. Seattle San Francisco; Brantfer? ntarfo), aon! ParBerlin mSST. Indin"PMw''. as thls-well, words quite fail me," she went on. Since the first of the year Mrs. Bauer has been in New York coaching in grand opera and oratorio wort Recently her husband, Cecil H. Bauer, joined her, and they proceeded to Southern California for a visit before returning to Portland. Mrs. Bauer attended 20 grand operas, and met personally each of the greatest artists. She sang for Damrosch. Melden berg. Alfred Herz. the Wagnerian con ductor, and for Isidore L,uckstone. "With the latter she also did a great part of her grand opera coaching. ATrs. Bauer made three formal appear ances in New Tork. One of these occa sions was a banquet at the Hotel Astor, where there were 500 guests. "I also went to hear all the best church choirs, and I want to say that our best Portland choirs are every whit as good," said Mrs. Bauer. She brings home an extensive reper toire of new songs. "They, are principally Strauss' music, which is always wonderful." she said, "but they do not include anything from the opera 'Blektra.' I consider this opera wholly impossible from every musical standpoint, and I did not hear one favor able comment on it from the artists or musicians while. I was in New York. Of all operas 'Elektra' is the most nerve racking, blood-curdling, unharmonious thing imaginable." Shrinkage in a Pension. CORVALLIS. Or., March 10. (To the Editor.) Must a pensioner, on retiring to the National Soldiers' Home near Los Angeles. Cal.. relinquish his pen sion? Several old soldiers are anxious to know this. PENSIONER. Brigadier-General Anderson, retired, IT. S. Army, says: "Yes, at least a part of the pension." why not write to the Soldiers' Home authorities? Vancouver, B. C, Wants Clusters. VANCOUVER. B. C. March 13. (Spe cial.) Vancouver is to be the best lighted city on tho Coast If plans now under dis cussion are put. through. A committee, after investigating lighting conditions in Portland and Seattle, suggested a system of cluster arc lights, of the five-light standard. The jroapel is preached in 30 different lanRiimies in the TTniled States. THE "GREAT ECONOMY CAR" Wife ASK THE MAN WHO DRIVES ONE "Here is a 'Car' the wealthiest man will be proud to own and the man with moderate means can afford to maintatn." X ytg- ffiiffilliEffliBM umiiii.ag 111111111, i 'I , .IU"illl.lll ijLilMIUtlW.W liiiiirj n - lym:;- iiiiia-' .Ji mmmm Model Model Model Model 8 Models, from $675 to $1725 AA, 12 H. P. 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