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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (March 19, 1910)
THE MORMXG OREGONIAN, SATURDAY, MARCH 19, 1910. S LOOPHOLE IS OPEN FOR NEW MERGER Cummins Wants Railroads Forbidden to Absorb Water Lines. RAILROAD BILL IS ORPHAN While Senators Wrangle About Its Provisions, None Is Willing to. Acknowledge Parentage and Wlckersham la Blamed. WASHINGTON, March 1 8. Af ter holding the floor In the Senate for four days. Cummins of Iowa today complet ed his speech opposing the Administra tion railroad bill. The Senator's discussion today dealt principally with the provision regulat ing the consolidation of railroads. With this he found much fault. Pointing out that the regulation ex tends to railroads alone, he declared that. In the omission of water lines, there was possibility of great abuse, and said it would be Impossible to pre vent the transcontinental railroads from acquiring the water lines through the Panama Canal, thus cutting out all competition. He also pointed out that electric lines were specifically excluded from the provision and declared It would be possible for an electric line to gain control of all the railroads In the coun try. loophole Left Open. Cummins criticised the words 'dl rectly competitive" as defining the line's that may not consolidate. He said such language would afford a wide margin, and It was doubtful whether many lines would be found within the elastic prohibition. Cummins engaged In a colloquy with Elklns. during which he declared: "I want to prevent competing lines from consolidating." "That is what we ajl want." respond ed Elkins. "I am glad to see that the Senator from Iowa is bringing himself Into substantial accord with his com mittee." "You mean that the committee is be ing driven gradually to accept my po sition," retorted Cummins. Aldrlch Interpreted this statement as an ultimatum and remarked It seemed to be one of several ultimatums which Cummins had undertaken to lay down. Cummins disavowed any such purpose. Nelson suggested the striking out o the entire provision on railroad mer gers, leaving the anti-trust law in con trol of such cases. "If we adopt this section. It will be folly to carry on the prosecution of the Union Pacific merger," he said. Cummins took up the provision plac ing the approval or disapproval .of con solidation agreements at the discre tion of the proposed Court of Com merce, and declared it to be unconsti tutional because It delegated legislr" tlve power to the court. Biil Seems to Be Orphan. Borah Inquired who was the author . of the provision. "Search us," ejaculated Clapp. Cummins suggested the Attorney General as the real author, and inti mated that he believed the President responsible for the original suggestion. "It Is plain," Interjected Nelson, "that ' the bill is an orphan." Elklns thought Its paternity quite unimportant. - "It is here," he said. 'and the ques tion is whether iC Is right and whether we oue-ht to vote for It, regardless of Its origin." ' Borah said he did not believe the President, as a lawyer, would uphold the constitutionality of the consolida tion provision. Cummins pleaded for an Impartial consideration of the question, saying it was one of the most important meas ures with which legislation could deal. JAPS LET IN AMERICANS Land Ownership Bill Is Passed by Lower House in Toklo. TOKIO, March 18. The government's land ownership bill was passed by the lower house today. This measure permits the ownership or jana in japan toy such foreigners only os come from a country which extends similar privileges to Japanese residents. It has been stated in Tokio that Ameri cans would be given the right of owner ship in Japan, notwithstanding the restrlc tions placed -upon Japanese Immigrants Dy certain states of the Union. JAPAN- AMERICA'S FRIEND Ex-Vice President Fairbanks Tells of Visit to Emperor. NEW YORK. March 18. Japan Is a Arm friend of the United States, according to a. statement made here today by Charles W. Fairbanks, ex-Vice-President, who ar rived last night from his trip around the world. "While in Tokio," he said. "I had a chat of two hours with the Emperor, and while I am not at liberty to give the details of the conference. I can aEtsure America that Japan is one of the best and staunchest friends we have." MT. ANGEL HITS 135 MARK College Directors See Prosperity Shining on 1910 Year. MT. ANGEL COLLEGE. Or., March 1. (Special.) All records for years were broken at the college today when, with the arrival of Caesar Landzl, the registration books showed - 1S5 stu dents. When Mt Angel was one of the pioneers In the educational field, her registration seldom fell below 350, but with the coming of the numerous small colleges and the expansion of the large state Institutions, her attend ance began to decrease, the list of students having for the last few years hovered slightly over the 100 mark. The directors expect a still more prosper ous season. FIVE SHEEP ARE DONATED Idaho Experiment Station Receives Thoroughbreds for Investigation. MOSCOW. Idaho. March 18. (SpeciaL) Xft. IrW L. Carlyle, director of the Idaho Agricultural College, is receiving dona tions of some of the finest specimens of sheep in the United States for use on the agricultural farm. These donations were secured mostly at the recent National convention- of sheepmen held at Ogden. Among the donators are the Wood Livestock Com pany, pair of full-blood Hampshire ewes; A. J. Knowlton Company, of Chicago, pair of Shropshire ewes; I. W. Perrin, Company, of Twin Falls, Idaho, a pair of Merino ewes; Butterfield Livestock Com pany, of Weiser Idaho, and the Ramboull let Company, pair of Hampshire ewes each: George McKerrow & Son, of Wis consin, pair of full-blooded Oxford ewes: Frank Harding, of Waukesha, Wis., prize winner Oxford ram; R. Neil, Ogden, pair of Linclin ewes. John L. Smith, of Spokane, donated a bull calf. Clark Henry, of Denver, do nated a pure-bred Berkshire sow, and the Ladd estate, of Portland, a hog. A pair of Percheron mares will arrive next week. Several thoroughbred cows, among them an imported Jersey and sev eral prize-winning Holsteins, are being received now. 'NEARBEER' 'MEN IN NET UMATILLA GRAND JURY RE TURNS 4 0 INDICTMENTS. Man at Helix Escapes Because Col lector of Samples Fails to Visit That Town. PENDLETON. Or., March 18. (Spe cial.) Every dispenser of near beer in Umatilla County, with the single ex ception of a man at Helix, has been in dicted by the grand jury for the vio lation of local option law. It was found that the beverage being sold by them contained 4 per cent, of alcohol, whereas the temperance drink Is sup posed to contain less than 2 per cent. The Helix man escaped for the reason that the man who was collecting the samples failed to visit that town. The 50 true bills returned by the grand jury today brought the total for the five-day session up to 68. About 40 are reported to have been against the near beer saloon men and the others were against gamblers. Among those accused of gambling were Wil liam Roesch, former proprietor of Pen dleton Brewery, and Jacob Sheuerman. former manager of the Pendleton Woolen Mills. Jake Welch was indicted for per mitting gambling In his cigar store. R. W. Henneman and James Estes were Indicted for permitting minors to play billiards. In Its final report the grand jury recommended that Improvements be made to the county jail to prevent a repetition of recent delivery and rec ommend that the towns make a strong er effort to enforce Sunday closing and to solve the cigar store and billiards room problems.' MISS KELLY FOR PEAGE WRITES LETTER TO SPOKAXE MAN WH OSUES HER. Action of Leicester M. Pond Said Deeply to Have Humiliated Young Society Woman. PQDGHKEKPSIB, N. Y.. March 18. (Special.) Despite the far defendant s denials, Charles Morschauser, attorney for Leicester M. Pond, of Spokane, who Is suing Miss Elizabeth Kelly, of this city, for $25,000 for breach of promise of marriage, declared today that she had written the young man a personal letter asking for his terms of settle ment. Mr. Morschauser's statement has caused a sensation In the seclusive set In Ponghkeepsie n which Miss Kelly has been leader. Friends of the young woman have long wondered why she had not en gaged counsel and settled the case months ago without allowing the deli cate subject to become public prop erty. That Miss Kelly has been deeply humiliated by Pond's suit Is indicated by the fact that she has practically withdrawn from society. COLONIST TRAVEL REVIVES Lull, Due to Floods, Followed by Rush for West. Colonist travel to the West, which was halted temporarily to a large extent by flood troubles affecting nearly every line has opened with renewed vigor, according to advices received by Portland railway officials from the East. The flood situation reached an acute stage very shortly after the rates went into effect. Colonist travel had started in a volume that gave promise of dis tancing all previous records. Then with the papers full of stories of delayed trains thousands of persons intending to come West postponed their trip until later. All railroads are now handling through traffic expeditiously and confidence in ability to get through has been restored. Train reports from the Middle West show that all transcontinental trains that carry tourist cars nave been compelled to add equipment to take care of the colonists, OREGON CITY BOOMS PLANT Fruit - Canning Establishment Is Sought by Club. OREGON CITY. Or., March 18. (Spe cial.) Planning to Induce the people of Oregon City to subscribe to one third of the capital necessary to start a fruit-canning establishment, the pub licity department of the Commercial Club Is preparing to open negotiations with a Baltimore firm. The matter has been taken up with considerable enthusiasm by the Com mercial Club and it is estimated that between $10,000 and $15,000 will be re quired to launch the project. The Com mercial Club's secretary, Charles E. Sawyer, Is In correspondence with peo ple who may establish . a cheese fac tory and creamery at Oregon City. Teamster Accused of Smashing Auto. John Leel. a teamster residing at 409 Shaver street, was arrested by Patrol man Croxford last night on a warrant sworn to by Patrolman R. S. Flack, charging him with causing the collision of his team, and the police auto-patrol, driven by Flack, at Fourth and Oak streets Thursday evening. The patrol was partially wrecked when the pole of the wagon pierced the tonneau. Sailor Peddles Without License. ' Michael Garvey, an Itinerant peddler, was arrested by Patrolman Hunter at Second and Burnside strets last night, while endeavoring to dispose of several bolts of cloth. Gxvey professes to be a sailor and secured the cloth on a recent voyage across the Pacific. He will be arraigned today on the charge of ped dling without a. license. LAST WORD SAID DTJ CORPORATION TAX Lawyers Finish Argument and Supreme Court Will Soon Render Decision. HOT CONTENTION ARISES Bowers Says Net Income From All Sources Liable to Tax Admis sion by One of Opponents Stirs Up His Associates. WASHINGTON, March 18. The last word, by the lawyers, on the consti tutionality of the corporation tax was spoken this afternoon, and the Supreme Court of the United States took under consideration the 15 cases in which the question arose. The day was consumed largely by the presentation of the Government's defense of the law by Solicitor-General Bowers. John J. Johnson, of Phil adelhpia, closed the attack on the tax, just before court adjourned.. One of the biggest side fights in connection with the great contest was laid bare when Mr. Bowers insisted that "the net income from all sources," mentioned In the law as the basis of measuring the tax. Included all the property of a corporation. Assailants Are Divided. William D. Guthrie and his associ ates, Victor Morawets and Howard Vanslnger, counsel for the Home Life Insurance Company, Insisted the law did not mean to. include the income derived directly from Federal, state or municipal securities or from real or personal property not used or em ployed In business. They adavneed this doctrine on the" theory that. If the tax were not levied on such property, the law would become clearly constitu tional. Mr. Bowers argued that corporations cannot hold property that was not de voted to corporate business, either ac tively or passively. He cited the de cision of the Supreme Court, holding the United States could levy an In ternal revenue tax on the dispensary of South Carolina, as showing that the United States may tax utility cor porations. In closing, the solicitor said the pub licity feature of the law was not raised In the cases, which ' Involved only private individuals as parties to them. Johnson Turns on Guthrie. Mr. Guthrie, counsel for the Home Life Insurance Company, followed Mr. Bowers, arguing that Federal, state and municipal bonds and property not actively engaged In business are not subject to the tax. He also spoke for the constitutionality of the law as ap plied purely to a corporation's prop erty actively used in business. In beginning his argument, Mr. Johnson said the argument of the Solicitor-General was one he would have been willing to listen to had It not been on the other side. As to Mr. Guthrie, Mr. Johnson said he was a "wolf In sheep's clothing," whom he did not want on his side. What made the law so obnoxious, Mr. Johnson ex plained, was the publicity feature, whereby It was proposed to "embalm" the returns as a public record. "How ever," he added, "the act must cut off a little higher up." His principal argument was to prove that the tax was an income tax, ard therefore not an excise tax, according to the famous income tax decisions. The wine given to Mark Twain, to drink on the Rhine, did not satisfy his palate any the more, the counsel ex plained, because they changed the label on the bottle from which It Wi-3 poured. "Children In making pictures of cows and horses," said Mr. Johnson, "have a habit of writing below them, 'cow' and 'horse," so you will know what they were drawing. So Congress, for fear If you were left to your own judgment you would not decide It was an excise tax, labeled it." Mr. Johnson urged that the tax was on the power of a state to "cre ate" franchises, maintaining that a state does "create" them instead of "authorizing" them, as Mr. Bowers cr gued. "If this law is upheld," he said, "and a Federal Incorporation law is passed (and I don't know to what extent the fads now running wild will become law), the Federal Government may see fit to tax state corporations out of existence." Astoria Elks to Build at Once. ASTORIA, Or., March 18. (Special.) The building committee of Astoria lodge No. 180. B. P. O. Elks, held a meeting yesterday and directed that the contracts for the erection of the proposed new lodge temple be signed in accordance with the awards recently made. John A. Fastabend was appointed as superinten dent of construction and work on the building is to be commenced within a few days. $6O00 to Boost Long- Beach. ASTORIA, Or., March 18. (Special.) A meeting of the Long Beach Push Club was held a few nights ago and was at tended by several officials of the O. R. & N. Co. The latter made a proposition that if the club would raise $1200 for ad vertising purposes, the railway company would add $5000 to the fund. The re quired amount was subscribed within 10 minutes and will be used In publicity work in attracting visitors to the beach. Pythian Sisters Convene. BROWNSVILLE, Or., March 18 Spe cial.) A district convention of the Pyth ian Sisters closed here Monday night with a banquet. Delegates attended from Salem, Albany, Corvallis, Lebanon, Eugene, Roseburg and Ashland. - Delib eration continued throughout Wednes day, ending with a night session, which was largely attended by local members. Fourteenth Infantry Back Today. VANCOUVER, Wash., March 18. (Spe cial.) The Fourteenth Infantry, formerly stationed at Vancouver Barracks, but now returning from a campaign in the Philippine Islands, will arrive tomorrow morning. A six-hour stopover will be made in Vancouver and the soldiers given a chance to renew old acquaintances at the post. Land Board Reduces Loans. SALEM, Or., March 18. (Special.) The StaTe Land Board today approved loans from the school fund amounting to $18,625. Owing to the fact that the fund Is being rapidly decreased, the Boar'd haa made a ruling that hereaf ter the maximum amount to be lent to any one person shall be $2500, instead of $5000, as-in the pasi Until Then the Purchasing Power of a Few Dollars Has Never Been Greater Than It Is Now in This Tract Note the Prices 1 0 Cash 2 Per Month An opportunity like the above is seldom had and we advise every person who contemplates the purchase of a home site to act quickly and secure their lot. There are many sections of town without improve ments where the poorest lot could not be secured for this sum, yet for a few days only $60 cash and $12 per month will secure you a lot in the closest in and most highly improved restricted residence district of Portland which will have every improvement. Improvements Asphalt streets, 28 to 48 feet wide, 6-foot cement walks, curbs, 9-foot parkways, shade trees from 15 to 20 feet high, handsome cluster-lighted streets, similar to the down-town district, water, sewer, gas arid electric lights all to be made as soon as possible, for every contract has been let. See this property and compare the improvements here with other sec tions of Portland. Call at our office or phone us what day and hour you we will be pleased to have our auto call and take you brokers if you prefer. AUTHORIZED BROKERS: Charles K. Henry Co. Wakefleld. rie & Co. Oeorge 1 . Schalk. H. JP. Palmer-Jones Co. Hoi men & Menefee. Mall & Von Borate!. Mackic & Baontm. K. I Bryan. A Co. Krick-Iotld Co. Rufl'-Klelnftonce Land Co. rhibols & Crockett Realty Co. Chapln Herlow. Haas & Ringler. TWO NEGROES LYNCHED MOB FORMS ONCE AND DIS BANDS, THEN' FORMS .JGAIV. Complicity in Jail Delivery Is Of fense Charged, One Confesses, Implicates Other. MARION'. Ark, March 18. Bob Aus ten and Charles Richardson, negroes, were lynched early today In the court house square by a mob of 300 men. The victims were charged with aiding a Jail delivery here Monday night. Richardson was arrested in Memphis yesterday and was brought here early last night. While on the way to the local Jail a mob overpowered Sheriff Lewis and the prisoner. He confessed to complicity in the escape of prison ers and Implicated Bob Austen. The latter was apprehended and It looked as If the trembling prisoners would be hanged at that time. Cooler counsel prevailed, however, and the two negroes were surrenderd to the sheriff. Early today, however, a mob formed and marched to the Jail. The negroes were seized and the hanging followed. CLEAN ALLEVSAYS DOCTOR To Reduce. Demit Hate, Municipal Cleanliness Is Xecessary. VANCOUVER. W March 18. Speclal.) "Proper garbage collection and disposal will reduce your death rate," said Dr. J. B. Combs, state sani tary inspector of health, at a. meeting at the Vancouver High School. He added, "Don't have clean streets and dirty alleys. Municipal cleanliness la WILL 10YAN .On every lot in the northeast section of Laurelhifrst on April 15. This quarter is known as Plat 2 and has been on the market only a few days. Prices of all lots in this section were reduced to one-half their actual value as a starter and we have decided to allow these prices to remain until April 15. But on that date we will advance these prices to equal the prices being asked for lots in other additions much further out than Laurelhurst and not nearly so well improved. Remember the day ON APRIL 1 ThaAdditioiuwith Character SALEM, OR., AGENT A. N. Moores -1-2 Bush-Breyman Block EUGENE, OR., AGENTS Magladry & Shumate Just as necessary as personal cleanli ness." . The tuberculosis exhibit, which has been shown here for three days, will be taken away tomorrow morning. Ten cities have been shown this exhibit and the following will have a chance to see it: Puyallup, March 24 and 25; Ellensburg, April 1 and 2; North Yak ima, April 7, 8 and 9; Rltzvllle, April 15 and 16; Spokane, five days, April 19 to 23: Wenatchee, April 29 and 30. Dr. Eugene R. Keller, assistant state iealth commissioner, and J. P. Stapleton, county attorney, spoke tonight. Vancouver Schoolteacher Showered. VANCOUVER, Wash.. March 18. (Spe cial.) Twenty-three friends of Miss Lillian De Graff, a school teacher in the city schools, gave her a handkerchief shower last evening, the object of which was to replace a quantity of linen which was lost in an unusual manner. Miss De Graff was washing handkerchiefs, placed them in a boiler, lighted the gas, and went to call on a friend. While she was absent the water in the boiler evap orated and the linen was badly burned. W. C. T. IT. to Have Tag Day. MONTBSANO, Wash., March 18. (Spe cial.) The local W. C. T. U. will hold a tag day tomorrow. Funds will be used for the furtherance of the cause of ab stinence in this city. Two Iiosrgers Are Killed. SEATTLE. March 18. William Mc Cade and D. Peterson, loggers, were in stantly killed yesterday while at work in a camp at Swan Lake, near Kent, Wash., by a log falling on them. Husband Would Shoot, Wife Fears. DAYTON, Wash., March 18. (Spe cial.) Mrs.' Ida M. Hoffeditz has ob tained an order in court restraining her husband from kidnaping their son, pending action for a divorce." She as serts that he has threatened to shoot, if necessary, to obtain possession of the boy. tie live at Imbler, Or., and Mil gTH $600 How to Get to Laurelhurst Laurelhurst is on two carlines. The Montavilla and Rose City Park cars go to and through the property. Laurelhurst is not on the outskirts of town. It is from 5 to 10 minutes closer in than other residence additions now on sale. Portland is built up with fine homes for almost three miles beyond Laurelhurst. You are in town if you live in Laurelhurst. and your family would like to go out to Laurelhurst, and out to the property. Deal with any of our authorized ALBANY, OR., AGENT A, T. Stark WALLA WALLA, WASH., AGENT W. C, Koehne, with Drumheller & Ennis she says in her divorce complaint that In their 15 years of married life, they have lived In 15 towns of the North west, much against her will. Eugene Man. Found Guilty. EUGENE, Or., March 18. (Special.) The Jury at a late hour last night brought In a verdict of "guilty as charged" against A. J. Patterson, charged with a statutory crime. Sen tence has not yet been pronounced. Postmaster to Move April 15. EUGENE, Or., March 18. Arrange ments have been made by Postmaster Page to move into the new Federal build ing April 15. The entire arrangement and furnishings are elaborate. Carriers and Postmasters Named. OREGONIAN NEWS BUREAU, Wash ington, March 18. John A. Seeber has been appointed rural carrier, C. Town send, substitute, route 2, at Portland. Postmasters appointed Jewell, Clatsop County. Henry C. Edwards; Sweet a TUC DDIPC IMCVITADI r II a great 1I1L miUL HlLf IIHDLCj realistic novel By MABEL HERBERT URNER Author of The Journal of a Neglected Wife." THE f AMAOA- OF ZINE CLEVERNESS Yj THE JUST OUT APRIL CE UP 522-526 Corbett Building Phones Main 1503, A 1515 Home, Linn County, Florence L. Gil bert. Foxhall Keene's Entry Starts. LIVERPOOL, March 18. The Grand National steeplechase handicap of 3001) sovereigns for 5-year-olds and upward, Grand National course, four miles and 850 yards, was won here today-by Jen klnstown. Jerry M. was second and Odor third. Foxhall Keene's Precentor II was among the 25 starters. Soldiers Are Alleged Thieves. VANCOUVER, Wash., March 18. (Spe cial.) Clyde Williams and Frank Shea, soldiers from Vancouver Barracks, are charged with robbing James Nugent of about $40. County Attorney Stapleton filed the information. Donation Claim to Be Subdivided. WOODBURN, Or., March 18. (Spe cial.) The J. B. Dimlck donation land claim of 320 acres has been sold for $32,000 and will be subdivided into small farms. 23233 All Newadealen