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About Oregon City enterprise. (Oregon City, Or.) 1891-194? | View Entire Issue (Oct. 28, 1898)
) Oregon City Enterprise. VOL, 33. NO. 51. OREGON CITY, OREGON, FRIDAY, OCTOBER 28, 1898. ESTABLISHED 1866 31 n Q K. IIAYK8 ATTOKNKY AT LAW. polal tliillori vlvcn to Count; Court mi l'robatbuallirai, Ofllof Upilalri, oppoall llunllrjf'i Hook tor. J)H. l'OWKIX A BKAMANN 1'hyalclani iid Burgeons. R.paclal attention glvtn to. surgical work. OlAo hours: A lo II A.M., lloflP. M to 1 1'. M. Koomt U and 1U Uiarriiau Hlk, 0.0. owu. I, o.cmriiLL. ROW NULL A OAHPHELL. ATTORNEYS AT LAW, Onion City. - Osbooh, Will pr8to In all tha oourtl ef th tUlfl. Ol io, lu CatlnVU bUKdlllg. QUCKAMA8 ABSTRACT A TRUST CO. rurnlth, AWl'tAU, thelna ol Till. Dewirlp. Uun, Um, luauranF. Fa, Taiee Perfect 3 III, tie, ia. omce otir Wauk ol tir"u cur. J. r. CLARK, Prt' .tDJ Mar, B100CITT, .... OBBOOS! J II. M1LI.KH, PKNTIST Fin hU of llb, gold erowni, all klmli ol . . oilliigsaud bilugawork. Htvtuth Bt, nar depot. Oregon Clly. Or. c O.T. WILLIAMS. . good lln ol buelueaa.realdaiio tad suburban property. Farm Property la tract lo iult on aay trms. Correapencionr promptly amwrd. Offlot, n dour ulfe uf klolliwjliiouurou. o D.a P.O. LATOUHKTTk, ATTORNEYS AND COUNSF.L0R8 AT LAW MAIM ITBKST OKKUOH CITY, 0BKOOH. furnlih Abetraol ol Till, Loan Mnnr, Ton- Oloa Mori ae, ana Iranian uuw.i La aiuaiaeaa. 8. DRE8HER, ATTORSBYAT-LAW. , Offloeover MrKIUrlrk'Hlio Blor. near . thBk of Oregon t:ity. 010011 Citt, OktOOK. XL rORTIR, i' ATTORNEY AT LAW AttTBAcn or rtorim ruaimiiio. Offlo licit to Org on CUT bank on lib Ut. D R, FRANCIS FREEMAN, -DENTIST- ' Gradual of the NorthweUrn Univer sity Denial School, Chicago. AIM American Collegeol DenUI Surgery, With Dr. Welch. Willamette Block. c, 8CHUEBKL, Tcutlor Prpofat. ATTORN KY-AT LAW. Office orr McKlllrlck's Bho Hlor. near lb Hank of Oregon City. OaiooM City Okkuom. rpni COMMERCIAL BANK, Of ORKOON CITT. t'apltal. v"X.M TBiMiACTH tmLiHiiaiumaa. Loam mail. Bllla dlanounteit. Make ool laotitma. Hurl and aalla airhaua. on all point In Hi United SUtee. Kunip and Hong Von, ltepoalu received subject to check. Baik opou Irani t A. M. lo4 r. . D. 0. LATOURITTR, Prealnenl. F. J. MKYF.R Caaaler. B ANK OF OREGON CITY, Oldest Baikln Hons. U lit Cltr. Paid up Capital. IM.00O, Burpliu, iJU.o&u. raaiiniKT, ubh a. rtrnti. vioa raaiipiHT, A. RaaiiiN. OAMIIIB. B. CADflBLO. A inoral banking biuineaa tranaaotod. Dspoalli roelTd lubteoi to check. ApproTd bllla and noute dlaoonutad. County and city warrant boiuht. Loana mvl on aTallable leourlty. Riohana boiiKht and aold. Collection! mad promptly. .... ,. Uraltaoldarllaillnanpart ol th world TaleKraphIo axobaime aold on Portland, Ban rrauolaoo.flhloagaaud New York, ntoreit pal J on tfm dopoalt. THIS IS WHAT our ciidtomorB claim for ua and our groceriea: That we ollir the bHt of groceriea at the low eat pricoa. They have confi dence in our gooda and know that we never misrepresent our eelvea and that our Block of fine groceries la the purest and the moat nutritious. Laxt, hut not least, their grocery bill saves It Belt fully 26 per cent by their deallns with Marr A Mulr. Our way of doing businesi la to treat every one fair and square and oiler the very beat in our store. SDr. Wlllluma' Indian Pile Ointment will our Hllnd, UleedliiR and Itching Plica. U ahanrba the tumors. allay th ItoliliiK at once, acta ua a nnultlce. ilvca Inntant re lief. Dr. Williama'lndlnn Pile Oint ment ianrennred for PI lea and Itch ing of the private pnrta. F.very box I wnrrnntncl. I)v druufflitt. by mull on re- erlpt of price. 60 oonta and Bl.llO. WILLIAMS KltluriCTURINC CO.. rrop., Clevelaud, (liio. uiuninu uu,, - ----- t For aale bv 0. G. Huntley, loll IE ii ii u AWorflto mm W all know that Granite Waro in very low in Price and still lower in quality. In order to put a Firnt-Clana Arliclo in the Market we aoourod a car of the celebrated Bcotch Granite Ware "Made in America for Americana." Imj PIEC5 GDaHBlESi. Thin a tho first time that this celebrated ware reached our town in such quantities; we therefore invite every housckeqxir to pay us a viait and inspect this ware whether you intend to buy or not. The price is only a trifle higher, but in quality FAR AHEAD OF THE OLD WARE. BICULOMY & E3USCH, INSURANCE. ......FIRE AND ACCiDENT Railroad Ticketa to all points East at low rates. . c, E. DONALDSON Pate nti ploar Manufactured in Oregon City from the bent selected wheat on the market. , All Our Flour Manufactured From Old Wheat IT IS FOR SALE , 1., Guaranteed' the beat. Pationize Home Industry. Special We are headquarters for Canton . Clipper Steel and Chilled Plows, Har-' rows, and Cultivators, Simond's Saws, Warranted Wedges, Sledges and Axes, Steel Ranges, Air Tight Heaters, Ammunition, Fishing Tackle, Wagon Wood and; every thing in the hardware line. POPE St CO. Corner 4th and Main JUST ARRIVED... a)a' We have just received, direct from the Eastern factory, a complete line of men's and boys' furnishing goods for fall and winter... ... A Full Line of Shoes... Have just been placed bottom prices. Please 1 hare Int. Ijr moved to Caullald JJU'g. Main St... They all eay that HARRIS' GROCERY . Headquarters for Hay, LandplaBter, Seeda, THBHOUHR PUUNIHHKIM. 1 for It Notice, Streets. - Oregon City. in stock and will be sold at rock give us a call and be convinced. Carries the most complete stock ot First-Class Groceriea to be found in the City. Etc. ANTI-TBUST LAW Railroad l'eople Held Illegal and Will litre To Ulxsolre. POKTO KICO IS Ol'E. France aud Eoglaad Preparlns; for War I'oU f TTar Troable ib the Peace Cammlaaloo. Wasiiikotok, Oct. 24. The United State supreme court today decided the Joint Traffic Association railroad caae in favor of the United StatM and against the rail roads. ' - The case waa considered one of the most Important that ha ever come be fore the supreme coort, not only to the railroads, but to the general pablic. be cause of the vast railroad properties rep resented by the traffic aseociailon. Tbe BMoriation waa formed November 19 1895, by 31 railways, representing tbe great trunk linea. The purpose of the association, aa stated in the agreement, waa to establish and maintain reason able and Just rates, fares and regulations of state and Interstate traffic. A almilar association on a smaller scale waa formed among the Southwestern railroads, and known aa the Trane-Misoan Association, and the supreme court, in a notable opinion, declared that thia association waa Illegal. Justice Peckham announced the de cision today in the joint traffic rase. He sUd the court could distinguish no differ between thia and the trapa-Miseouri case decided a year ago. He Raid tbe only new point involved was as to the con stitutionality of the anti-trust act. The court had reached tbe conclusion that aa the railroad corporationa performed a duty of semi-public character, it waa within the constitutional power of con gress lo regulate them aa provided by the anti-trust act. The opinion, which was very brief, waa concurred in by Chief Justice Fuller, and Justices Harlan, Brewer, Brown and Peckham. Justices Grav, Shiraa and White dissented. Justice McKenda took no part in the caae. Under the decision today the decisions of tbe United State circuit court for the southern district of New York and the United States court of appeals, both of which were favorable to the Joint Traffic Association, are reverted. : Proceeding, the opinion says : "Has not congress, ' with '. regard to lnter-state commerce and in the coarse of regulating it, in the caae ot railroad companies, the power to say that no con tract or combination ahall be legal which ahall restrain trade and commerce by shutting out tbe operation of the general law of competition T . We think it has. , . . The business of a railroad carrier is of a public nature, and in performing it the carrier is also performing, to a cer tain extent, a function of government, which requires them to perform th: ser vice npon equal terms to all. Thia pub lie service, that ot transportation ot passengers and freight, is a part of trade and commerce, and when transported between atates euch commerce becomes wbat is described aa interstate, and comes, to a certain extent, under the jurisdiction of congress by virtue of its power to regulate commerce among the aeveral atates. When the grantees of this public franchise are competing rail road companies for interstate commerce we think congress is competent to forbid any agreement or combination among them by means of which competition is to be smothered. . . . We think it extends at least to the prohibition of contracts relating to interstate commerce which would extinguish all competition between otherwise competing railroad corporations, and which would in that way restrain interstate trade or com merce. "We do not think that when the grantees of this public franchise are competing railroads, seeking the trans portation ot men and goods from one state to another, that ordinary freedom of contract in the use or management in their property requires the right to com bine as one consolidated and powerful association for the purpose of stifling competition among themselves and thus keeping their rates and charges higher than they might otherwise be under the laws of competition. And this is so, even though the rates provided for in agreement may for the time be not more than are reasonable. They may easily and at any time be increased. "It Is' the' combination of these large and powerful corporations, covering vast sections of territory and influencing trade throughout the whole extent thereof, and acting as one body in all matters over which the combination extends, that constitutes the alleged evil, and in regard to which, so far as the combination operates upon and restrains interstate commerce, congress has power to legis late and to prohibit. The prohibition of such contracts may, In tbe judgment of congress, be one of the reasonable 'necessities for the proper regulation ot commerce, and congress is the judge of such necessity snd propriety, unless, in case of a possible grosi perversion of the principle, the coorts might bt ap plied lo for relief." Referring to the claims of counsel re garding the general constitutional right of the cillaen to make contract,, and the extent of Individual liberty under tbe fourteenth amendment, the opinion says: "The citizen may hare the right to make a proper (that is, a lawful) contract one which is also essential and necessary in carrying out bis lawful purpose. Tbe question which arises here is whether the contract Is a proper or lawful one. We presume It will be contended tbat tbe right of tbe citizen to pursue any livelihood or vocation includes every means of livelihood, whether lawful or unlawful. Notwithstanding the gtneral liberty of contract which is possessed by the citizen under tbe constitution, we find that there are many kinds ot con tracts which, while not in themselves immoral, or 'mala In se,' may yet be prohibited by the legislation of the s'ate, or in certain cases by congress. Tbe question Is tor as one of power only, and not one of policy. We think tbe power reets In congress, and the statute, there fore, Is valid." . Justice Peckham deals finally with the plea advanced tbat tbe court should re trace its steps because of "the wide spread alarm with which the trans- Missouri decision was received and the serious consequences which have resulted or may soon result." After reviewing tbe care taken in reaching the former decision, tbe opinion says: "And now, for tbe third time, the same arguments are employed, and the courtis again expected .to recant its former opinion and to decide these same questions in direct opposition to the con clusions arrived at in tbe trans-Missouri case. Aa we bave twice already deliber ately and earnestly considered tbe same arguments which are now for a third time pressed upon our attention, it could hardly be expected that oar opinion Bbonld now change from that already ex pressed. We bave listened to the same arguments because tbe eminence of tbe counsel engaged their earnestness "and teal, their evident belief in tbe correct ness of their proposition, and most im portant of all, the grave nature of the questions involved, called npon the court again to give these arguments respectful attention," ' Referring to the counsel's claim "that tbe only resort open to railroads to save themselves to check and control it," Justice Peckham says: "The natural, direct and immediate effect of competitors to lower rates, and to thereby increase the demand for com modities the supplying ot which In creases commerce, and an agreement whose first and direct effect is to prevent this play of competition, restrains in stead of promoting trade and commerce. "Whether, in the absence of an agree-1 ment as to rates, tbe consequences de sired by counsel will in fact follow is a matter of very great uncertainty. Rail roads may and otten do, continue in ex istence, and engage in their lawful traf fic at some profit, although they are com peting railroads, and are without combi nation on rates. In conclusion tbe opinion says : "It is not only possible but probable that good sense and integrity of purpose would prevail among the managers, and while making no agreement and enter ing into no combination by which the whole railroad interest as herein repre sented should act aa one combine, in a combined and consolidated body, the managers of each road might yet make such reasonable charges as the facts might justify. An agreement of the nature of this one, which directly and effectually stifles competition, must be regarded under the statute as in restraint of trade, notwithstanding that there are possibilities that a restraint of trade may also follow competition that may be indulged in until the weaker roads are completely destroyed and the sur vivor thereafter raises rates and main tains them. "Coming to the conclusion we do in regard to the various questions herein discussed, I think it unnecessary to further allude to the other reasons which have been advanced for a recon sideration of the decision in the trans Missouri case. "The judgment ol the lower courts, favorable to the Joint Traffic Association, are revised, and the case remanded to the circuit court of the United States for the district of New York, with directions to take such further proceedings therein as may be in conformity with this opin ion." No dissenting opinion was filed, It be ing merely announced that the three justices named dissented. SPANISH HAVE SAILED. Evacuation of Porto Rico Waa Completed Yeaterdajr. Wasiiisoton, Oct. 24. The following dispatch has been received at the war de partment : "Ponce, October 24.-Oenoral Ort. and the last ol the Spanish soldier sailed tor Spain this evening. "Bmooks, Major-General." Washimotoh, Oct. 24. -The navr de partment today received the following: "Han Joan, Oct. Evacuation of Porto Rico completed by sailing of the last de. tachment of Spanish troops today. "8chxt." rREPABIXU rOR WAR. Franc to Lodg Her Troop la Touloa ehoolhoaae. Pabis, Oct. 24 The municipal author ities of Toulon have been notified that that place will be tbe center of import ant naval and military preparations, and have been Instructed to arrange for the Immediate reception of four battalions of infantry, 1600 marines and 600 artillery men. The municipal council has de cided to close the schoolbouses, and they will be used to lodge the troops in. Tbe naval authoritios bave been or dered to expedite the preparations for tbe outfitting of the new squadron. WHAT WAR COST. . Facia Sam' Kxpeaae Something Over Hlllloa Dollar Per Day. Chicago, Oct. 24. A special to the Tribune from Washington says: Uncle 8am 's ex pence for tbe Spanish war sink into insignificance when com pared with tbe cost of the conflict be tween the state. Thus far tbe war with Spain has cost $187,5?9.e4t, or a fraction over $1,000,000 per day since tbe begin ning of hostilities April 21 against tbe enormous sum of $3,065,413,415 during tbe civil war, or an average of $1,685,153 per day. The largest amount paid ont in a single day during the war with Spain was $4.' 110,000, July 28. or nearly enough to construct and equip a first-class battle ship. Tbe next highest days were Sep tember 19, when $3,775,000 was spent, and July 19, with a total of $3,770,000, but tbe daily expenses frequently run above tbe $3,000,000 mark The budget ' for the four months of tbe present fiscal year was $125,112,640, while the expendi- , tares for the whole fiscal year of 1897 were only $83,511,713, and for this month tbe average of $1,000,000 per day waa maintained. In April the expenses for the army and navy were considerably above normal figures, when they reached $19,000,000. Maj showed a perceptible increase, ' when $26,000,000 was spent. Jane was a further increase, $29,000,000 passing' over the treasury counter, and July showed the highest expenditure of $43, 000, 000. The next month witnessed decrease, only $31,000,000 being spent, ' bat September reached nearly $32,000, 000, and for the 22 days of October the expenses were about $19,000,000, or nearly $1,000,000 per day. Tbe total disbursements of the government for the four months of the piesent fiscal year, . which included the civil list, pension payments and interest on the pablic debt, was $223,687,114. Tbe total re ceipts were only $153,754,445, showing a deficit of $69,000,000 for the fiscal year. The $3,000,000,000 spent on the opera lions of the army and navy during the war of the rebellion includes the period of the first three months of 1861, when active preparations for hostilities were being made, and the last nine months of 1865, when the expenses of the govern ment were unusually heavy. From the Peaee Commiaalon la Pari. Washington, Oct. 25. During the afternoon and night information re ceived from the Paris commission waa informally discussed at tbe White bouse by Mr. McKinley and several members of bis cabinet. Tonight four members of the cabinet, Secretary Hay, Secretary Alger, Postmaster-Genera! Smith and Secretary Wilson were with the president tor some time. The information received from the American peace commissioners, which was said to be disquieting, was infor mally discussed, but as far as could be ascertained no action of any kind waa taken. Precisely the nature of the informa- : received by the president from tbe Amer ican commissioners was not disclosed to night. It is said, however that tbe sit uation is embarrassing, if not critical, in the opinion of the commissioners, al though there is still reason for the ex pectation that the negotiations will pro ceed to a successful issue. SIGNIFICANT ORDERS. Instruction Given for Commencing a Fleet of Toroedo-Boat De troy era. London, Oct. 24. The British admir alty issued a number ot signigcant orders ibis morning. The dockyards at Ports mouth, Devon port and Chatham have received instructions to prepare Bix 30 knot torpedo-boat destroyers for com missioning, so they will be able to put to sea in 24 hours. Tbe Cunard and White Star lines have received from tbe admiralty an intima tion to bold the resubsidiwd steamers in readiness for turning over to tbe nayy officials, V.