The Tribune Prints More Live Telegraph News than all Dailies in the State of Oregon South of Salem Combined
UNITED PRESS
DISPATCHES
By far the largost and beat nawa report
of any paper In Southern Oregon.
fflKll KDafly Crflniiie.
The Weather
Showers and thunderstorms tonight
or Thursday; cooler Thursday except
near the coast; south to west wind.
THIRD YEAR.,
MEDFORD, ()RE(H)NT, AVEDXERDAY, JULY 22, 08.
No. 106.
STANDARD OIL ESCAPES PAYING BIG FIN
COURT OF
$29,240,000 PENALTY FOR
FOR RULINGS
Penalty Was Imposed When Company Was
Not Even Indicted or Upon Trial, Asserts
Appelate Court Bench in Banc Decision
Great Shock to Government Lawyers
CHICAGO, 111., July 22. The federal eourl of appeals today reversed the
de-eisiou of Judge Land id in fining the Standard Oil company of Indiana
$29,240,000.
The higher court order ft that the rase he given :i rehearing and remands
it for the present. The decision is scathing in its arraignment af Laudis, stal
ing that he imposed the fine on the company while it was not indicted and not
even on trial. It was the greatest fine in tin- history of jurisprudence; it was
the sensation of the day.
Landts assessed the highest possible fine in each separate alleged offense,
making the enormous total. The decision today catne. as a great shock to the
counsel in the trust-hustiug cases, as they appeared eonfideirt--yesterday that
La nil is' 'decision would- be affirmed in every particular.
The federul court of appeals, whieh handed down I he deeision today, is
composed of Judges Peter S. tirosseup, Francis K. Raker and William L.
Seaman.
Opinion Delivered by Grosscnp.
The Rtandard Oil eonipuuy of Indiana is one of lite subsidiary companies
of the Standard Oil company of New Jersey. It has a capital stock of only
$1,000,000, hut the government investigations showed during some periods it
has earned more than looit per cent profits.
Judge rirosseup delivered the opinion, which was in part tis follows:
"The reason for imposing the sentence was because after the conviction
and before the sentence it was brought on by the examination of witnesses in
the case and stockholders of the Standard Oil company of New .Jersey that
the stock of the Ktnudnrd Oil company of Indiana was owned by tin1 New Jersey
corporation. That corporation was not before t he court for trial, the court
iu adding up, found the record, but on no information specifically referred,
foiiud that the Indiana concern and not the New Jersey concern was the " vir
gin ' ' offender. Passing t lie fact I ha I no word of evidence support iug the
sentence wan found, if evidence was In he found iu the records of the r;i;ie,
no court could convict a party that was not on trial.
' 'Can an American judge, without abuse of judicial disc rot ion condemn
anyone who has not hail his say iu court
"That to our mind is a strange doctrine of an Anglo-Saxon jurisprudence.
"No. monarch, no parliament, and no tribunal of western Kuropo for centu
ries has .-pretended to have the right to punish except afh-r due trial under thej
forms of the law. ' .
"Can: that Yigtfully be done here mi I he basis of the judge's personal be I
lief that: the parly marked Uy him for punishment deserves punishment t If'
that is Mt.'-it is because the man who happens to be judge is above the law. " j
Smaller Fines in Prospect. I
The decision was unanimous, being signed by all three judges of the court.
United Stales District Attorney Sims, who led the. prosecution of the case,
today said: ' i
"The effect of the decision, if the case is retried, is that the fine imposed !
must be materially less than the Land is fine. !
"tf the fines are assessed according to the number of shipments involved,
the maximum penalty would be about $1ii,(hhi. If they are assessed according!
to the number of settlements involved, the maximum would be about 47'i,ihio.
The minimum in hoth instances would be one-fifth of the maximum.
"Including this case, there ore (indii cases against the Standard Oil company
waiting trial in this federal district alone, and about I'lOO counts outside this
district. i
"The decision leaves the case as if it had never been tried. Nothing will!
be done toward a beginning uf a new trial until Attornev General Bonaparte1
is consulted. "
WILLIS POLK, ARCHITECT,
JOINS STONECUTTERS
SAN FRANCISCO, Cal., July 22.
After cutting stone tor three hours to
prove that he knew how and undergo
ing the formal examination required
by the. rules. Willis Polk, architect, and
clubman, is today an active member
of the stonecutters ' union. He say
that he did not join for political rea
sons, hut because he likes the stone
cutters u nd t hey k now he is t hei r
friend.
Polk in a member of . fhe Pacific
Union, University, Bohemian, Cosmos
and Bnrlingarnp clubs, but say his ehc
tinn to the stonecutters' union gives
him more pride thau nil the others put
together. He says he will strictly ad
here to the rules of the organization
and parade with his union hrother on
Labor dav.
William F. Vilas Very 111.
MAMMON. Win., July 22. William
Freeman Vilas. f.M years old, is i?r a
critical condition ns the result of a
hemorrhage of the bruin. He w.n p,,t
master general of the United State
from I NX', to ISMS and secretary of the
interior from January, ,ssi until
March. MM. He held the office of
United State senator from 1H91 until
lSJt, soil has been prominent in pub
Jie life for many yean.
APPEALS
ARRAIGNMENT
AGAINST TRUST
JAPANESE PROGRESSIVES
WIN GREAT VICTORY
TOKIO, .Inly 22. The first of thej
policies of the progressives to be in
augurated in Japan was announced to
" '"'periai order was issued
directing that the affairs of the South
Manchuriaiv railway company and the'
administration of -th KwuuK Tung !
province will be controlled hereafter!
by the minister of commission. , j
This takes the control of the much !
disputed region of port Arthur from
the hand of the minister of war and
pots the control with what correal hi rids
lo the si-m-tniy of Hiate in America.
It i regarded here ns one of the
highest victories fur t he progressives '
since he other KuNura abinet was '
dissolved before I he Humo .iHpanepo
war and is but the beiuiiing of an
era of retretii'hmriit on the part of the
new Katnra cabinet.
The imperial order i the firt :ib4u
j I il t e i nd ic.i t ion t ha t J :t :i u will V - p
faith with Russia, Cngland and I lima
tin the admiuMtralioii of the Manchti
rinn railway, as the army will no long
er be able to trol the districts.
I The tangled affairs of the railway
fhave been the subject of much diplo
! mafic divimnioo aince the nd of the
war with Russia.
SAVES TRUST
T
AT GOLD HILL
Indiana Capitalists Pur
chase High Line Ditch
and Lighting Plant
The Cold Hill Canal company prop
erly was sold at auction ul Cold Hill
Wednesday morning to the Marion
Trust company of Indianapolis, 1 ad.,
for $orni), at foreclosure salo brought
by the bond holder, who secured judg
menls totaling 'about $12d,(u)0, through
defaull iu interest. The successful bid-
dent were represented by Mr. I'lekens
of Indiana. The Marion Trust company
is nding for" W, K. Kuglish. W. R.
McKcen and Prank M, Fnnoie of In
,. , .. ,, , ,. . ,
dmnapolis, three ol the leading stock-.
holders in the Gold Hill Canal company,
The intentions of the nnrehasers nre
POWER
uol known, hut it is reported that lhevr- hanker of Chicago, who purchased
will reorganize, having got rid of ' he water bonds is liere Investigating
uon progressive element in the coin
piinv.
For Bonds and Interest.
nit i . i i .
i nr juumiirni wein Mermeo i;ihi i
March ami are for $ll2,t!Hti, for bonds!
aud accrued interest, $.(:u and $"0 aud
costs. The property sold comprises nil
that was owned by the (odd Hill ('anal '
company, including the dam iu the '.
Rogue river, the power and light ing '
plant and fraiiehises, I lie high line ditch !
from Prospect, all rights of way and
water rights, the grist mill, warehouse,
stamp mill and water plant at Cold
Hill, and lot I seel ion 17, loin ti, 7 and
S, seel ion lo, township lit! south, range
.'t wesl, and 1 10 acres on the Rogno at
the power plant.
Attempted a Merger.
The company attempted a merger
Willi tne torn) or Water & Tower com
'" 1
puny last summer, aud the Rogue River j
lllecfric cum pa u v was formed as the),
ti' , mi uiimr 1111 1 111; nci ic I'licv Ml Vt UHNOI1
holding coiopaiiv, Ihe stockholders in, .. , ' Ul,"u"
.1 ..11 ii-it . . x 'canyon. It is iiraelica v conceded that
Ihe Gold Hill concern agreeing lo takei ,,,.. ' ., ; , . .
H tl not over lino inches will be he minimum
the boiuls ol the Ruv company, the new . ...
, . , 1 .1111 Wasson canyon at low water stage,
concern having a monopoly of power 111
"'. '"'-"'"."' "l '-'.T'lHUOKNn NOW Jw
ImiiuIh h. n II... ), t,,l,..r piini,. put j WATI.RWORKH
lup I.. Hi.' Jpiil. Ir. li.iv slrit.. I Ii-it 1 , , ,
thn in rntinOv ..IT. " i '''' -'"ly L'L'.-K.ii...
Tl. hieh luw .1,1,1, wal.T riKl,U r "" w"" r :v"rk" "",w ""'
flirt will, tli..,.. r I ,lr W.. I Pr ''"I'l-.v. l-r ly I.!. v.. I.,...,
. 1, . i, . 1 slnvnig for a inuincp:i v owned waler
ic Power company at Prospect, hoi I B, 1
. , - .. ' .system for years,
tne desire for combination on the part ; . ,
of .he tioi.i Hiii comw... ' J1'; ,r,,,;1 ',ai,i. f"r w,rk
! Hii.oihi. 'I hi cit v now proposes to
BRITIAN GOES AFTER
AMERICAN BEEF TRUST
LnN'lHiN, July 'JL'. Suspecting t hat
the Amcrii ao lo-ef Irut is responsible
for high prices of meat in Oreat Brit
am, I'rcmier Amniiih is tn eonlerenee !
today with solHe of the liiosl powerful !
political leaders in the Cnited King
dom discussing a project to remove theji
ri'striclinns on livestock importation I 4
from Canada and other counlrieH against
which a qiiaraiiiine is iinneeetiHary. 4
Asquith has been consulting experts j
on the meat question ever since n for
.,;.!. .1.1.. ..t ...i.;....
' 4
men called upon him July H to ak him ,
to come to the aid of the poor people
by causing a government investigation 1 4
into the price of f . The question !
is one which would oidinarily be re i
f erred to the board of agriculture, but !
the premier has bee 1 interested and'
decided personally to probe the matter.!
He has inl-r M'We.l Mrores of meat deal
ers. from the smallest to packers doing
an international InmiueHM, and while he j
refuse. I to oxpre an opinion for pub j
Mention, it it reported that he believes ,
the American trn-t m re-poniible for,
prevailing pricey, ! 4
In dixeuixioti with (H.iilieal friend 1
a few days ago. Anpiith admitted Hi. I
it would be difficult to regulfite corpo !
rations operating priucip;iliv iu the
1'llited States, but he hoped to find
some wolutioii of the problem. Mince tin ti
if is b:iru.d on good authority that In
has U.Ud favorably upon the proje. t
to admit Canadian ihetoek into Kug
land without Importation restrictions. )
REBATING
WATER FROM
APPJEGATE 18
OFFERED CITY
Blakeley to Submit New
Proposition-Engineer In
specting Wasson Creek
j Fred J. FUakeley of Hoseburg part
nor of Jeff D. Heard in the Sterling
mine, is in Med ford to make the city
: another proposition for water, this time
from the Little Applegate, which ha:
, source in the snow capped peaks of
!'' Siskivynis. There is mi ipiestion re
gurding eil her tpiaultty or quality of
, h;H wa,4.r nnil ,m. (rojiVt wU, b
Ilhlv ri.,H,rtni on (,v Knginecr Rob
!t.r(st
! .
Must Bo Gravity System,
i W. P. Bullock of Kuusus City, con
molting engineer ftir John Xnveen A
M"' Pr,'.e"''C H' l,,t t' "u(" with
j l.'ngineiTS Roberts and Cummins to iu
jspect Wasson canyon. He states thai
! f'rm will not lake the bonds ex
cept for a gravity system us provided
in the bond election call, and that any
other system than a gravity system
would invalidate the issue.
"We are as much interested iu the
water system selected as t ho city, ' '
said Mr. Hullock, "and 3011 can be sure
1 but we will be satisfied on all points. 1
.have personally inspected aud reported
I upon -to eily owned water systems, :to of
1 which have proved money makers. Wa
tier is the great need of Med ford, and
if the money is wisely used, will be the
'means of making the city."
HHnger's Ranch Also.
It is reported that M. F. Hanley has
secured an option on the Dick Slinger
f,.w A7-.nii 1 ...ill .... 1., ,1... :...
. ' . r . ' ' .
, K . ... . ,
.issue .toun bonds for improvements to
the system, anil action on this matter
j will be taken al tin- next council meet
j'o ,., ,.,. eh
la good bargain iu acquiring the water
system, as valuable property, including
' Skinner s liiitte, which will make a
j beautiful park some duy, goes with it.
j
t t t t
HI.AVH NINE BEARS IN
THREE SUCCESSIVE DAYS
KKMiINi;, Cal., July w.
If unlets of Tehama ciuiuty to.ay
proclaimed Lee lireen of Red
Bluff champion bear slayer of
California, his r ml being nine
bears in three days, three of the
animals having been killed in
each of the three days, tireen
collected l"i boii nly from the
county eb-rk, for t he cnlp
of each bear.
While hunting iu the Mount
Tom Head country Inst week
Oreeii saw a lar devouring a
calf. He fin d at Ihe animal and
it ran tip a tree, u hero its two
cubs were already perched,
tireen killed nil three.
tin the following day he saw
three more hears lejm than a
mite from (he mime tree uml
killed all three.
The third day (Jreen nnvr four
hear, Three of these ran up a
tree, while the fourth made its
encape in the br'!-h. tireen
kilbd the three whieh remained
within ruiigu.
SHIP SINKS
Yacht Mayflower Collides
Oil Coast of Maine With
Manawa, Which Is Sent
to the Bottom
NEWPORT, R. I., July 1!2. Tin
yacht Mayflower, with President
RooHevelt on board, ran down and sank
the schooner Manawa, owned by C. E.
Pembletou of $sletou, Me., iu a heavv
fog at 1:1") o'clock this morning.
The president was iu his berth and
did not learn of the accident until he
arose at daylight.
The Mayflower lost her bowsprit, bill
sustained no other dumage. The cap
1 11 tit of the schooucr and the five men
of his crow were rescued by the crew
of the Mayflower, uud after a hard
struggle were put aboard the yacht.
The boats came together with a
heavy impacl, but President Roosevelt
was not sufficiency Nhaked to arouse
him from his slumber.
The fog was so ueavy thai the look
out on thn Mayflower could not see the
form of the schooner until they were
almost togelher.
Tho sharp bow .of the Maytlowor
rushed through the wooden hulk of
Ihe schooner aud she tilled with water
rapidly, sinking in a very short time.
She is a total loss.
The president complimented the crew
f the Mayflower for their work iu
saving the crew ot the wrecked vessel
ami made the minuteest inquiries as to
tiow the accident took place, lie seemed
lo regret that ho had not been awake
and had a chance to lake pari in the
exciting scene.
The collision occurred on Long Island
sound bel ween New Haven aud New
.oiidoii.
THOUSANDS WELCOME
PRINCE OF WALES
Vl'L'BF.C, ne., July L'L. --Thousands
of visitors thronged inio the cilv early
lay to witness the arrival of his royal
highness, Ceorge Frederic It, prince of
Wales ami heir apparent lo the throne
of the ('iiited Kingdom and the Hritisli
domain on Ihe fast cruiser Indomitable,
the mvsterv ship of the king's nnvv.
The Ht reets are filled wit h eiit husi
tst ic ( 'auadiatis, singing, fhoul mg.
cheering uud Inughiiig, every one from
1 ue youngest to the oldest entering into
e .spirit of the occasion.
Pormal welcome, the civic addreMS,
will not be delivered to the prince until
tomorrow afternoon, but late iu the eve
mug of today the governor general,
Vice President Kairbanks ami a tintn
of Ihe more important Canadian
officials will he received on boiird the
Indomitable. If i h roval highness is a?
oinpaniid by a brilliant staff, and the
meeting this evening, though called iu
formal, will be ceremonious.
Elaborate Ceremonies.
Many elaborate ceremonies have been
planned, and the piince will participnti
tu some of Ihe most spectacular event
11 recent history before 1,-iliiug his do
part ure from 'anada next Wednesday.
One of the most notable feature will
be the great review on the Plains of
braham I'ridav. followed bv the fled
atioii of the (Jucbec (.allien". Ids, The
lereenarv pageant will lie the principal
fealorei Saturday and on Sondiiy the
prince will Httetol religioiiH servo-
Tuesday there vull lo
lie a tree pla ill i rig, I
11 v morning Ihe In
am! early vt eiincwduv morning
lotuilable will sail.
Creat cnrioiiiv has been around liv
he "mystery ship," and she i thej I hiring Ihat the ipiestion of allow
enter of intere! of even-one interest 'nig a giant monopoly of the power will
d 111 maritime affairs. The m-irets of I
ii
" ' ! tn.-1-n iii;nn' 1
I . iniiioiiKii n ih generally k now it
tnai sue emiioiiies some radical ideas unsaid the monopoly will ultain such pro
n.ivai construction.
Probate.
Ouardiun Robert Whelpley t al
ider made to sell real property.
I Guardian Carl R. Beeson; final report
filed.
ABROGATES
DESPOTISM
TURKEY
Sultan
Grants Constitu
tion to End Revolt Which
Is Spreading Through
out Ottoman Empire
CONST A NT1NOPLE, July 22.
Against Ihe advice of his council, Sub
luti Abdul Humid today decided to grunt
a constitution to tho people of Turkey.
This is understood lo be the only means
of checking the Macedonian revolt,
which has spread until it has affected
Ihe whole northern portion of Ihe Turk
ish empire. The sultan is said to fear
Ihe intervention of Russia and Prance,
which wan decided upon yesterday at
St. Petersburg.
Il is reported that when thn nultun's
council made object ions tn the grant
mg of I he const it ul loll, Abdul II a in ill
said: "It will be easy to annul the
constitution when order is restored."
Sultan la Determined.
Abdul Humid held the consultation
wito his councillors early today and it
is reported that the session at the im
perial palace was stormy.
The -bu It an h councillors pointed out
that Turkey is Ihe only remaining des
I ijtin in northern Caucunus and that
tho sultan should put forth a strong
effort to maintain Hub form of govern
ment and thus give moral support to
thn shah's fight in Persia.
Abdul Humid is ill and peevish, and
is said lo have flown into a ruge and
asserted that Russia and Prance were
planning to interfere in Macedoniu. He
said he also feared Pnglund and did uot
waul war in his old ago, which would
deplete Iiih coffers.
Kaiser Is Ciuihr uf It,
A note from f lor many discourages
Turkey's overtures for an alliauco with
the kaiser is said to have been responsi
ble for the decision of the sultan. It
is said thai I'mperor William wauls an
alliance with Turkey, but is afraid of
an open treaty with the "Bloody
irk."
It is understood thai the sultan is
sued orders lodav to (teuoral Dievit
Key to cease his operations 011 t he
Turko Persian border uud to use all at
mpls to pacify the people.
Abdul Ha mid is convinced that he
has not long to live, ami wants to pass
Ihe remainder of his days iu peace. lie
has announced nis intention of appoint
1 ug Ins t lurd sou, Mohammed Burhan-
'A lUn his successor to Ihe throne, al
though this is contrary to all precedent.
I he Hull an s right ful successors are
his three brot hers in order according
Ihe tenets of Turkish custom, which
lictates t hat t he throne shall descend
t he male descendants of Imperial
irme of Otham, tho founder of the
mpiro.
RHP.OIir.R'B GRANDSON
WEDS BERKELEY BELLE
BI:RKI:LI:Y. Cal., July 22. Mr. and
M is. Henry Ward Heecher left here
this morning for northern California to
pond their honeymoon. Heecher is the
grandson of Ihe famous divine of the
same name and is a graduate of the
I'niversity of California.
Mrs. Heecher was Miss Blanche Cam
enni, prominent in the society of the
colbge town. Rev. M r. Hodgkins of
St. Mark 's IJpiscupal church performed
the ceremony.
The young people will live in perk
eley on ttieir return from Ihe north.
PINC1IOT WARNS PEOPLE
AQAINHT POWER MONOPOLY
. I
s FRANClsco, cal., July 2:?. -ifford
Pinchot, chief forester of the
. 1 i iineii .-Mines, wein in m-meicy lOlinv
.'1 ft 11 imii h 111 g an appeal to the people
of California to protect the water
-died
1 of the state and slop ruthless den
'trio - lion of forests.
come before the people next winter,
1 i"i nmiMu 1 iiiiiiiiuia iieoiHe mm
sue 11 n continue must tie preveijieti. HM
.portions that tne standard Oil company I
will took small.
( Mra. Elizabeth McKenalci, ho ha I minion government, is hero looking aft
ibeen awuv from Med. ford f or .nearly aler the Adamites who are armed with
year, rwturned here today from Hood
'RWer.
PLANT AT
Rogue River Electric Com
pany Begin Work for In
Greasing Power-High
Line Ditch Is Sold
Work has begun upon the enlarge
ment of the Rogue River Power com
pany's plant at Gold Ray from 2000
horse power to 3000 horao-poWer at a
cost of $100,000. Colonel Frank Ray,
president of the company, also vice
president of tho American Tobacco com
pany nnd chairman of the board of di
rectors of tho California-Nevada Pow
er combiun, has left for New York
after giving final orders for the en
largement, tho expensive machinery for
which has been purchased.
New Pellon wheels will be installed,
a new building built and a new water
channel below the dam constructed. The
work will be done ith the view of in
creasing the capacity anothet 9000
horse-power us soou ns market for the
power is found. At present the entire
output 1b markotcd during the night.
Work la also to be done on the Pros
pect ditch for tho proposed power plant.
Ibis eouduit spills the waters of the
Upper Rogue over 600 feet of precipice
and will generate 1U0,000 horse-power,
the greatest power development of any
project in Oregon..
LARGE ATTENDANCE' AT
UNIVERSITY PROMISED
UNIVERSITY OF OREGON, Eugene,
Or., July 22. The freshmen class en
tering the University of Oregon this
fall will be by far tho lnrgest in its
hiBtory. Every Indication points to a
freshmen registration of 250, and a
total enrollment of nearly 600 students,
not including the departments of law
aud medicine. Last year one-fourth of
all the high school graduates of Oregon
eutorod the University of Oregon, and
there is every reason to believe that
an even greater percentage will enter
(his fall, though the number of grad
uates is nearly a half larger than last
yoar. Another source that will help
swell the number very materially is the
large number of enstern pooplo coming
the state. Tho registrar's office re
ceives many letters each week asking
if credits from eastern high schools
will be accepted. The demand for cata- .
logues has been unprecedented, and un
less all signs fail next year's enroll
ment will be a record breaker.
STAGE ROBBER SECURES
TWENTY-EIGHT THOUSAND
ItKNO, Nev., July 22. The state po
lice are today watching every station
on the main line of the Southern Pa
cific in the northern part uf this state
on the lookout for two bandits, who
hold up the stage coach between Likely
and Alluras, in Modoc county, Cal. The
men held up the stage late Monday
night about five miles from Likely tnd
secured a Wello Fargo stroDgbox con
taining $28,000.
The bandits evidently knew of the
box, for they stopped the stage and or
dured the WellsPargo messenger, who
sat on the seat with the driver, to throw
down the box. Then they ordered the
driver to whip up his horses and move
on. None of the passengers knew of
rho holdup, so quickly was it -accomplished.
The .strongbox contained Ihe money
for the payroll of the Nevada-California
Oregon railway and the payrolls of
several stock camps.
Word of the robbery was brought to
this city last night. .
CITY TREASURER'S NOTICE.
Office of City Treasurer, Med ford,
Oregon, July 20, 11)08.
Notice is hereby given that there are
funds in the city treasury for the re
demption uf light and water fund war
rants Nns. 1327 to 13,12, Inclusive, pro
tested December fi, 1007.
Interest on name will cease after tha
above date.'
lilt f. f. uenna piw T
THINKS 1ft OIVBIBT
V aniv nnunHTS nnvnn'ri'PtnM
0 RAY
BlNHCART, Man.. July 22. O. W.
I Hpeers, colonization agent of the do
1 rifles and revolvers here encamped near
'the town.