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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Feb. 26, 1901)
Portland, -. Oregon.
VOL. XLL NO. 12,545.
PORTLAND, OEEGON, TUESDAY, FEBRUARY 26, 1901.
PRICE FIVE CENTS.
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H sY H -j tf i'-Tfv 6vn k
1 1 gA4AAiAV M-ra i-Aw
1 II 111 II I II 11 MHI 1111 1
' . - S
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CRACK-PROOF, SNAG-PROOF MININ G BOOTS.
Rubber and Oil-Clothing, Boots and Shoes.
HEADQUARTERS FOR ALL KINDS O F RUBBER GOODS.
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R. H. PHASE. President.
F. M. SHEPARD. JR., Treasurer.
J. A SHEI'AKD. Secretarr.
OLD OVERHOLT WHISKEY
BOTTLED IN BOND
Under governmeut supervision with government stamp over cork of
each bottle, guaranteeing
QUALITY QUANTITY AGE
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Shaw's Pure Malt
America's ORIGINAL Malt WHISKY
Without a Rival Today
BlUmaiier & HOCtl, lOS and HO Fourth Street
Sole Distributers for Oregon
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. Rooms Single 75c to $1.60 per day
First-Class Check Restaurant Rooms Double $1.00 to 52.00 per day
Connected With Hotel. Rooms Family $1.50 to 53.00 per day
J. r. DA VIES, Prcs.
St. Charles Hotel
FRONT AND MORRISON STREETS
American and European Plan.
N-..1 L. V I '
Fills the Bill Completely
That's the Pianola. By means of it any lover of music can become in an amaz:
ingly short time a most accomplished pianist. This Is a broad assertion, but can
be easily proved. Drop in and let us convince you, or send postal for catalogue.
M. B. WELLS, Northwest Aijcnt for
ROCKHILL IN CHARGE.
Minister Conner Turns Over Lega
PEKIN, Feb. 25. This morning Minis
ter Conger turned over the affairs of the
United States Legation to W. W. Rock
hill, particularly to conduct the negotia
tions with the Chinese plenipotentiaries,
and he will shortly return to the United '
States for a six months' vacation. Amer
icans here feel that this arrangement is
a confirmation of the report that every
thing is practically settled, for Mr. Cong
er felt it his duty to finish the negotiations
satisfactorily. The Pel-Ho River will
open next week, and then the exodus of
diplomats, correspondents and others will
Li Hung Chang says he expects that
the imperial court will return to Pekln
as soon as notification Is given that the
troops of the allies are evacuating the
capital. He also asserts that no further
difficulty in the negotiations Is possible.
Some old residents here think there may
be difficulty in connection with the cere
monial of receiving the Ministers of the
powers by the court, but the Ministers
themselves do not anticipate any.
The German and Russian barracks for
the guards of their respective legations
will be ready in a month.
Mr. Rockhill today attended for the
first time a meeting of the foreign envoys
in an independent capacity. No business
of Importance was transacted.
Executions in Pekln.
BERLIN. Feb. 26. The Lokal Anzeiger
has the following from Pekln, dated Feb
"The execution of Chin Chlu, ex-grand
secretary, and Cheng Fu, son of the noto
rious Hsu Tung, tomorrow by the hang
man will occur upon the same place where
last Summer two pro-civilization Manda
rins were beheaded. The spot is within
the German zone. All the other officials
whose lives are demanded by the Minis
ters of the powers will b- beheaded in
SInan Fu. The opinion largely prevails In
Pekln that Prince Tuan's punishment will
necessitate the choosing of another heir
to the throne than his son."
Chinese Loss at Knenj? Chang.
BERLIN, Feb. 25. A dispatch from
Count von Waldereee says over 200 Chi
nese were killed when they attacked the
Germans at Kueng Chang recently. Hoff
melster's column, which started thence,
will return to Pao Ting Fu.
Departure of the Foreigners.
PARIS, Feb. 25. A dispatch to the
'"emps from Shanghai says It is believed
the evacuation of the foreign troops from
China will begin at the end of March.
73.75 FIRST ST.
C T. BELCHER, Sec and Tres.
American plan ........ f 1.23, 51-60. $1.78
European plan 60c. 75c. $1.00
A Fair and
Cannot fall to corroborate ail we state
from time lit praise of our; very .fine line
of men's headgear. Again we -say that
our hats are the best to be had for the
money, and our experience and methods
enable us to lit your head a not unim
portant part of hat comfort. Here you
get hat beauty, hat eyle, hat comfort
ROBINSON & CO.
289 Washington SL
the Aeolian Company
Hall, 353-355 Washinton Street, cor. Park
WYOMING MINE HORROR.
Fifty Men Imprisoned and Probably
Dead In a Burning: Coal 3Iine.
KEMMER, Wyo., Feb. 25. A disastrous
fire in the Diamondville coal mine No. 1
late this evening was attended with seri
ous loss of life and great destruction of
property. There were 50 miners and 15
horses entombed, but one miraculous es
cape was maae, nowever, Dy jonn Ander
son, who was working near the mouth of
the level. "When he realized the mine was
on Are, he, with some difficulty, reached
the main lead, and, by throwing a heavy
overcoat over his head and shoulders,
pushed his way through the flames and
reached the main lead completely ex
hausted and terribly burned, but will re
cover. He was taken out by friends. All
efforts to succor those farther back have
failed, as the fierce flames drove the res
cuers back. That all have perished is
without question. "
The scenes around the mine were
heartrending. Mothers, wives and sweet
hearts were weeping and tearing their
hair In terrible agony, and all efforts to
calm them proved of no avail. The loss
of property will reach an enormous figure,
and, as the officials are very reticent, the
amount and names of those imprisoned
are unobtainable at a late hour. The
cause of the lire is at present unknown.
The mine has been plugged at the sixth
level, about two miles from the mouth.
FIRE IN DETROIT.
Wholesale and Retail 'Piano Dealers
DETROIT, Mich., Feb. 26,-Shortly after
1 o'clock this (Tuesday) morning a fire
started In the fourth story of the building
occupied by Grlnnell Bros., wholesale and
retail piano and musical merchandise deal
ers, 221 and 223 Woodward avenue, and In
an hour the third and fourth floors of the
building were completely burned out, with
the fire still burning fiercely. Grinnell
Bros, are state agents for a number of
prominent manufacturers of pianos and
carried a stock valued at $100,000. The In
surance was $60,000. The loss on the stock
Is estimated at $50,000, and that on the
building, which Is owned by the Wesson
estate, will fully equal that amount.
Tuomey Bros., dealers in ladies' furnish
ings, are tenants of a store In the samp
building, and carrying a stock valued at
$20,000. The loss on this is estimated at
fully 8) per cent.
French Miners Will Not Strike.
MONTCE.VU France, Feb. 25 The min
ers of Montchanln and Le Crcu Stot have
rejected the proposition of a general
13 CHARTER VALID?
Its Constitutionality May Be
Tested in Court.
NOT READ THIRD TIME IN FULL
Enrolled Act May Be Impeached by
the Journals "Which Contain, the
Protests of Senator Joseph!
and Representative Story.
Portland's new charter will, It
approved by Governor Geer, put
city affairs in a state of uncertainty.
Its validity Is attacked on the ground
that when it was up for final passage In
the House and Senate, it was not read
by sections as Is required by section 19,
article 4, of the constitution. It is not
unlikely that the charter will be taken
into court on the issue of unconstitu
tionality. While this question Is pending
it would be Imprudent for the Council to
authorize street Improvements, as the ex
pense would be thrown upon the city if
the charter should be declared Invalid.
Loss from this source would seriously
cripple the treasury, especially as fire
men's claims amounting to nearly $100,000
will evidently be saddled upon the munic
ipality. While the fate of the charter is
in doubt public improvements of all kinds
will necessarily be suspended.
The provision of the constitution which
was violated in the passage of the char
Every bill shall be read by sections, on three
several days. In each house, unless, in case of
emergency, two-thirds of the house -where such
bill may be depending shall by a vote of ayes
and noes deem It expedient to dispense with
this rule; but the reading of a bill by sections
on its final passage shall in no case be dis
pensed with, and the vote on the passage of
wery bill or joint resolution shall be taken by
ayes and noes.
It Is notorious that the charter was not
read by sections In either house when it
v as on final passage. It was railroaded
through House and Senate as part of the
deal with the Democrats which resulted
in the election of Mr. Mitchell to the
United States Senate. It Is not doubted
that the House and Senate journals show
that the bill was read the third time. It
Is not customary to enter upon the jour
nals that the bill was read the third time
"by sections," nor is this necessary. In
tha case of the State vs. E. P. Rogers,
the Supreme Court of Oregon held that
the constitution does not require the
journals to show that a bill was read
the third time by sections, or that the
vote on final passage was taken by ayes
and noes. Silence of the journals on
these points would "not Invalidate the en
rolled act, attested by the signatures of
the PresIQent of the Senate- and the
Speaker of the House and filed In the
office of the Secretary of State, If the
charter gets that far. When the bill walj;
in the Senate, President Fulton wouSl
not permit Senator Josephl to file a protect,
against the method of reading the third'
time. Senator Josephl succeeded in get-?
ting in the journal a protest against the
reading of an amendment before the
charter had been printed in accordance
with the Instructions of the Senate. In
tho House, Representative Story filed a
written protest against the bill for the
reason that It had not been read the third
time by sections.
Protests Have Significance.
It would appear that they who attack
the constitutionality of the charter are
standing on thin ice. Their main support
is the protests of Senator Joseph! and
Representative Story, but this Is sufficient
to give standing to a test case In court.
The protests have significance and are as
much a part ot the record as any entry
pertaining to the so-called third read
ing and final passage of the charter bill.
W. D. Fenton. who has had cases In
the Supreme Court Involving to a cer
tain extent the point at Issue In the char
ter, thus sammurlzed the situation yes
terday: In my opinion, parol evidence Is not admissi
ble to Impeach the Journals. The Journals may
be consulted, and if It appears from them that
the charter bill was not constitutionally passed
the presumption of regularity arising from the
enrolled act would be overcome; and If the
Journals, read In connection with the protest
which the constitution provides, may be spread
on tbe Journal, satisfies the court that the re
quirements of the constitution have not been
kept, the court might disregard the enrolled
Still, the case would be the protest of
Senator Josephl and Representative Story
against the record and the attestation of
the president of the Senate and the
Speaker of the House to the enrolled act.
The tendency of American decisions is
that the journals of the Legislature may
be used In court to Impeach the enrolled
act, though in 12 states the ruling is the
contrary- Parol evidence,, it would ap
pear, is not admissible to Impeach the
journals. The leading decision on this
point was rendered in the Hill case In
Iowa IS years ago. It was suggested in
the argument, that It was the duty of
the court to go behind the record and take
the testimony of Senators on disputed
facts. The court dismissed the proposal
as "startling," and held that parol evi
dence "never can be Introduced or con
sidered when thero is written evidence
of any fact which can be produced." In
Oregon the decisions of the Supreme
Court have been that every reasonable
presumption is to be made in favor of the
legislative proceedings. In the homestead
exemption case, it was held that the at
testations of the presiding officers of the
two houses of the Legislature to an en
rolled act "must be given full force and
effect, and Import absolute verity un
less affirmatively contradicted by the
journals." Whether the court would con
sider the Josephi-Story protests an af
firmative contradiction is the main point
in the controversy, which has arisen over
the charter. The protests are not parol
evidence, but a part of the record.
In March, 1S91, E. P. Rogers, then as
sistant general freight agent of the South
ern Pacific Company, was indicted by the
grand jury of Linn County for violation of
the Hoult railroad law of 18S5. The case
was taken to the Supreme Court and de
cided June 9, 1S92. Objection was made
that the record of the House did not show
that the bill (House bill No. 97), as amend
ed, was read section by section on Its final
passage, nor that the vote was taken by
yeas and nays. On these points the Su
preme Court decided:
The constitution of this state requires that
every bill shall be read section by section on
Its final passage, and "the vote on the final
passage of every bill or Joint resolution shall
be taken by ayes and noes"; but there Is no
provision that either of these facts shall be
entered In the Journal, except the vote shall
be entered when demanded by two members
(article 4, section 13), or upon the passage of
a bill notwithstanding the objections of the
executive (article 5, section 15). In Currle vs.
Southern Pacific Co., we held that the court
will take Judicial knowledge of the Journals of
th legislature for the purpose of impeaching
the validity of the enrolled bill on ale with
the Secretary of State; and when from such
Journals it adrmatlvcly appears that tbe bill
as filed ia the Secretary of State's office did
not In fact pass the Legislature, the courts
will refuse to recognize It as a valid law; but
every reasonable presumption Is to be made In
favor of the legislative proceedings; and when
the constitution does not require certain pro
ceedings to be entered In tbe Journal, tbe ab
sence of such a record will not Invalidate &
law. It will sot be presumed, from the mere
silence of the Journal, that either house has
exceeded Us authority or disregarded consti
tutional requirements In the passage of legis
Conceding, therefore, that the provisions of
the constitution, that every bill shall be read
section by section on Its final passage, and tbe
vote taken by ayes and noes, require that
every amendment to a hill shall be so read
and the vote thus taken, which may -well be
doubted, we must assume. In the absence of
an affirmative showing to the contrary, that
tbe constitutional requirements were observed,
and hold that the act under consideration was
Journal 31 ay Impeach. Act.
In deciding the case of McKlnnon vs.
Cotner, which Involved the validity of the
homestead exemption act of 1S93, the Su
preme Court of Oregon In July, 18S7,
passed upon the question of impeaching
an enrolled act by the Journals of the Leg
islature. The court ruled:
The question was before this court in Currle
vs. Southern Pacific Co., and State vs. Rogers,
and the rule there applied is that when It ap
pears from the Journals of the .Legislature that
the enrolled act filed In the office of the Secre
tary of State did not In fact receive the
requisite number of votes In either house for
its passage, the courts will refuse to regard it
as a valid law. but tbe absence of an affirma
tive showing in tbe Journal to that effect does
not affect Its validity. In other words, In or
der to impeach the validity of such an act. it
must affirmatively appear from the Legislative
journals that it did not in fact receive the ap
proval of the constitutional number of tbe
members of the Legidlature. Mere silence of
the Journal is not sufficient. ... The con
stitution requires all bills and joint resolutions
to be signed by tbe presiding officers of tbe
respective houses (section 25. article 4), and
their signatures must be given full force and
effect, and Import absolute verity, unless af
firmatively contradicted by the Journals which
the constitution requires to be kept.
In Koehler & Lange vs. Hill, the Su
preme Court of Iowa decided. In April,
It was suggested on the oral argument, by
one of the counsel for the appellant, that the
words, "Or to be used," were struck out of
the substitute by common consent before It
was adopted by the Senate, and It was fur
ther suggested on such argument that we can
readily so ascertain, if we should consult the
persons present at the time, including the
members of the Senate, and that we should
not only do so, but that such Is our duty. This
argument practically concedes the necessity of
getting rid of the words aforesaid in some
manner. As has been said, the Senate Journal,
by provisions of tho constitution. Is made the
primary evidence of the contents of the resolu
tion, as it passed the Senate. This Journal Is In
existence, and, as has been said, was kept as re
quired by the constitution. Now we are asked
to ignore this constitutional evidence, and re
ceive parol evidence, or ascertain for ourselves
by Inquiring of those who are supposed to
know, as to the existence of a fact which Is
contradictory to the Journals kept, certified to,
and preserved by sworn officers, as provided
by law. To our minds this is a startling prop
osition. It ignores fundamental rules which
have always exUteiLParot evidence jjever can.,
be introduced or considered when there Is-'
written evidence of any fact which con bo
produced. If the Journals had been lost or de
stroyed. It is possible that we could and should
Frjsort to the next best evidence attainable. If
fpere was any written evidence in existence,
agsort, we -presume, would first be had to that.
If; there was none such, it may be parol evi
dence should be regarded as competent.
Decisions of Various States.
In the cases of Boyd and Sternbach vs.
the United States, the Supreme Court of
the United States decided. February 29.
1S92, that "the signing by the Speaker
of the House of Representatives and by
the' President of the Senate, In open ses
sion, of an enrolled bill, is an official
attestation by the two houses of siy:h bill
as one that has passed Congress; and
when the bill thus attested receives the
approval of the President, and is depos
ited In the Department of State, accord
ing to law, its authentication as a bill
that has pa'sscd Congress Is complete and
unimpeachable." To the Government's
brief was attached an appendix contain
ing a list of authorities, by states, upon
the question whether the legislative Jour
nals could be used to Impeach the com
pletely enrolled act, duly recorded and au
thenticated. The authorities follow:
Alabama The validity of the seeming acts
may be Inquired into, and the presumption of
due enrollment overthrown by the Journals.
Arkansas The Journals control the enrolled
California Under the present constitution the
journals have been examined to impeach the
Colorado The Journals control the enrolled
Connecticut The Journals cannot be used to
Impeach the recordA act.
Florida The Journal may be resorted to to
Impeach the recorded act.
Illinois The Journals control In any conflict
between them and the enrolled act as to the
Indiana The Journals do not now control the
enrolled act. Formerly they were consulted
for the purpose of impeaching the act.
Iowa The enrolled act In the Secretary of
State's office Is held to be ultimate proof of
Kansas The enrolled act Is controlled by
Kentucky The question has not been square
ly decided whether the Journals In a conflict
would overcome the presumption of the en
rolled act, but the intimations of the court are
that It would. t
Louisiana The enrolled act Is conclusive.
Maine The enrolled act is held to be" the
best evidence, and not to be overcome by the
Journals where Its record Is complete.
Maryland The enrolled act was at first held
to be conclusive. Late decisions are that It
may be Impeached by the Journals.
Michigan The enrolled act Is controlled by
the entries on the Journals.
Minnesota The journals control the enrolled
Mississippi The enrolled act is held con
clusive. Missouri Upon the change of the constitu
tion, the Legislative Journals have been al
lowed to Impeach the recorded act.
Nebraska The Journals are used to Impeach
the enrolled act.
Nevada The enrolled act Is held conclusive.
New Hampshire The enrolled act Is con
trolled by the Journals.
New Jersey The enrolled act Is held to be
the most appropriate evidence of the law, and
Is not overcome by Inconsistent entries In the
New York The enrolled act cannot bo Im
peached by entries upon the Journals.
North Carolina The enrolled act Is con
clusive.. Ohio The Journals are permitted to control
the enrolled act.
Oregon The Journals control the enrolled
Pennsylvania While the question Is not
clearly settled, the tendency of the decisions
Is towards the conclusiveness of the enrolled
South Carolina The Journals are permitted
to control the presumption from the enrolled
Tennessee Same as South Carolina.
Texas The enrolled act Is the best evidence
and Is not controlled by the Journals.
Virginia The enrolled act Is not conclusive
and the Journals are permitted to control the
West Virginia The enrolled act Is controlled
by entries upon the Journals.
Wisconsin The presumption from the enrolled
act Is controlled by the Journals.
Wyoming Same as Wisconsin.
THE PAPERS FILED
Morgan's Big Steel Company
UNDER LAWS OF NEW JERSEY
United States Steel Corporation tko
Title Official Announcement of
the Combination. May Be
Made Today. ,
NEW YORK, Feb. 25. Articles of In
corporation of the United States Steel
Corporation were filed today at ther office
of the County Clerk of Hudson County,
N. J. This concern is the gigantic Mor-
HE WAS SPEAKER
HrbI bhbHsV t'i 4 f IHOHSSsbbbbH
HKHk ilaBssHP - BB9sBBBBBsHI
GALUSHA A. GROW.
WASHINGTON, Feb. 25. Galusha A. Grow, of Pennsylvania, Is still a mem
ber of tho House of Representatives. He entered Congress 00 years ago, and 40
years. ago was Speaker of the House. In 1S50 he was elected to succeed Davkl
Wllmot, the author of the "Wilmot Proviso," although few of the present gener
ation know what the Wllmot Proviso was, and remember It only as one of the
many Issues growing out of slavery before the war. Grow was elected the first
three times as a Free-Soil Democrat, and then three times as a Republican. When
he first entered the House he was the youngest member of that body. He is
now 77 years old, but Is a man of considerable vigor. He often makes speeches
In the House, and shows considerable knowledge of the precedents of his early
days, which It would seem that a man would naturally forget. From the Thirty
seventh Congress until the Fifty-third he was In private life, although taking an
active part in politics and business. He is now a member of Congress at largo
from Pennsylvania, and, although useful to his state, his selection Is largely In
recognition of his past services to the Republican party. Grow was Instrumen
tal In passing the homestead laws many years ago, and be has always been a
strong advocate for free homes ever since.
gan-Carnegie combine. The agent of the
new cprporation in New Jersey is the
Hudson Trust Company, of Hoboken. The
incorporators are Charles C. Cluff. Will
lam J. Curtis and Charles McVeagh. The
total authorized capital stock Is $3000, di
vided into 20 shares of $100 each. The
provision is made that the stock may be
increased at any time. The papers were
prepared by Stetson, Jennings & Russell,
of New York, and were witnessed by.
Francis Lynde Stetson and Victor Mora
wetz. The $3009 capitalization of the corpora
tion excited little comment In Wall street,
as It was generally understood that the
promoters had deemed It wise as a pre
cautionary measure to file Its Incorpora
tion papers at this time without regard
to the amount of capital, so as to secure
the validity of its title.
Official announcement of the steel com
bination will probably be made tomorrow.
Up to a late hour this afternoon it was
expected that a statement would be made
in time tor tomorrow's newspaers, but.
after a protracted conference at the office
of J. P. Morgan & Co., Robert Bacon, a
member of that firm, declared that the
official news would have to be withheld
for another day.
Mr. Cromwell; President Gary, of the
Federal Steel Company; Max Pam, repre
senting the American Steel & Wire Com
pany, and Francis Lynde Stetson, who is
one of Mr. Morgan's confidential legal ad
visers, were in conference the greater
part of the day. With these gentlemen
from time to time were representatives of
the various concerns which are to form
the great combination. There were un
confirmed statements that people repre
senting the companies had presented cer
tified letters to be sent to their stock
holders; that these letters gave exact
terms and all details, and that the share
holders would be urged to accept the
terms set forth. A director of the Ameri
can Steel & Wire Company said of this:
"I don't know what the directors of the
other companies interested may have
done, but I can say that as yet we have
prepared no letter for our stockholders."
Another bit of gossip was to the effect
that both the American Bridge Company
and the National Tube Company would be
left out of the combination. These con
cerns are credited with being dominated
by Morgan interests, so the rumor that
they were not to go In was accepted with
much reservation. None of the principal
officers of the companies would discuss
the matter at all.
Morgan & Co. are said to have made
all details for financing the companies.
They have also, according to reports, com
pleted the details necessary to the ex
changing of old securities for new. As
to the flotation of the company, a promi.
nent bank officer was quoted as saying
that not more than $13,000,000 of actual
cash would be necessary, and that this
sum had already been put aside by the
underwriting syndicate. Speedy applica
tion will be made, it is said, to list the
shares of the company here and on the
London stock exchange. The underwrit
ing syndicate Is said to have offers for
the shares of the new company aggregat-
I Ing about $100,000,000. It is rumored that
London, Paris, Berlin and Frankfort
bankers have taken kindly to the ad
vances of the underwriters.
From a well-informed source comes the
statement that the United States Steel
Corporation will have $1,100,000,000 of capital
stock. Of this. $300,000,000 will be 5 per
cent general mortgage nonds, $400,000,000
7 pcr cent preferred stock, and $400,000,000
common stock. The corporation will
take over the Carnegie. Federal Steel,
Steel & Wire, and other companies named
by an exchange of stock. The valuation
of the subsidiary concerns has been ar
rived at by a close examination of their
assets, as well as their earning power.
Mr. Morgan Is said to have declared that
without a combination the companies lo
bo absorbed in one would have spent for
betterments at least $50,000,000 a year for
the next five years. With the element of
competition eliminated, it is figured that
all, or nearly all, of this will be saved.
THE ARTICLES OF INCORPORATION.
Objects of the New Steel Combi
nation. TRENTON. N. J., Feb. 25. Articles of
Incorporation of the United States Steel
Corporation were filed today In the State
Department. The objects for which the
corporation Is formed are the manufact
ure of Iron, steel, manganese, copper.
FORTY YEARS AGO.
lumber and other materials, and all or
any articles consisting or partly con
sisting of iron, steel, copper, wood or
other materials, and all or any products
thereof. To acquire, own, lease, occupy,
use or develop any lands containing coil,
or Iron, manganese, stone or ores, or oil,
and any wood lands or other lands for
any purpose of the company. To mine
or otherwise extract or remove coal, ores,
stone and other materials and timber from
lands owned, acquired, leased or occu
pied by the company, or from any other
lands. To buy and sell or otherwise to
deal or to traffic In Iron, steel mangenese.
copper, stone, ores, coal, coke, wood,
lumber and other materials and any of
the products thereof and any article con
sisting or partly consisting thereof. To
construct bridges, buildings, machinery,
ships, boats, engines, cars and other
equipment, railroads, docks, slips, ele
vators, waterworks, gas works and elec
tric works, viaducts, aqueducts, canal3
and other waterways and other means
of transportation, and to sell the same
or otherwise to dispose thereof, or to
maintain and operate the same, except
that the company shall not maintain or
operate any railroad or canal In the State
of New Jersey.
To apply for, obtain, register, pur
chase, lease or otherwise to acquire and
to hold, use, own, operate and introduce,
and to sell, assign or otherwise to dis
pose of any trade marks, trade names,
patents," inventions, improvements and
processes used In connection with" or se
cured under letters patent of the United
States or elsewhere or otherwise; and to
use, exercise, develop, grant, license in
respect of, or otherwise to turn to ac
count any such trade marks, patents,
licenses and processes and the like, or any
such property of rights. To engage in
any other manufacturing, mining, con
struction or transportation business of
any kind whatsoever and to that end to
acquire, hold, own and dispose or any and
all property, assets. stocks, bonds
and rights of any and every kind; but
not to engage In any business here under
which shall Vequire the exercise of the
right of eminent domain within the State
of New Jersey. To acquire by purchase,
subscription or otherwise, and to hold or
dispose of stocks, bonds, or any other ob
ligation of any corporation formed, then
or heretofore engaged in, or pursuing
any one or more of the kinds of business,
purposes, objects or operations above in
dicated, or owning, or holding any prop
erty of any kind herein mentioned; or of
any corporation owning or holding the
stocks or the obligations of any such cor
poration. To hold for Investment, or
otherwise to use, sell or dispose of any
stock, bond or other obligations of any
such corporation; to aid in any manner
any corporation whose stocks, bonds or
obligations are held or are In any manner
guaranteed by the company and to do
any other acts or things for the preser
vation, protection, Improvement or en
hancement of the value of any such
stock, bonds or other obligation, or to do
any acts or things designed for any such
purpose: and while owner of any such
stock, bond or other obligations to ex-
(Concluded on Second Page.)
NOT A GOOD METHOD
Washington Star on Oregon
PARTY LINES ARE DESTROYED
Points Out That Under Primary Sys
tem State "Would Have Been.
Spared Spectacle of Session,
of Factional "Wrangling.
WASHINGTON. Feb. 25. Commenting
on the Oregon Senatorial election, the
Evening Star, of this city, says:
The Oregon deadlock is broken, but only
through a mixing df party votes and such
a bAaklng of lines as may cause serious
factional trouble hereafter. Had it not
been for the desertion of Democrats at tho
last moment, the session would have
closed without a choice. If there is any
virtue in party government through tha
holding of men to responsibilities by
their organization allegiance, this method
of Senatorial selection Is calculated to de
story it. Under the primary system or
the direct election method, this result
would have been avoided, much time
saved and the state spared the spectacle
of a legislative session, mainly devoted to
factional wrangling and scandal monger
ing. SIMON AND TONGUE EULOGISTIC.
nermann Says a Deadlock Would
Have Been a. Great Misfortune.
WASHINGTON. Feb. 25. A large num
ber of Senators seen today expressed sat
isfaction, and many of them surprise, at
the result of the Senatorial contest In
Oregon. It Is evident from tho many com
ments made that Senator Mitchell will
have a hearty welcome when he reaches
Washington, and that his former col
leagues will be glad to again count him
among their number. In speaking of the
result. Senator Simon said:
"Mr. Mitchell will make a valuable Sen
ator. Oregon will be very greatly bene
fited by his return to the Senate. I find
he is very popular with the members of
the Senate, and has many friends here.
He is an earnest and Indefatigable
Representative Tongue said: "It is a
matter for congratulation that the Legis
lature did not adjourn without electing a
Senator. Senator Mitchell Is an able man
and will be an efficient Senator. Hla
experience, gathered during IS years of
previous service in the Senate, and his
personal acquaintance with leading public
men will give him influence and standing,
and he will be valuable to the state and
Commlsisoner Hermann-: "It Is very
gratifying that a final selection was made,
even if it came at the iast hour. The
wants of Oregon are such as to require
the presence of every one of the delega
tion. It would have been a great misfor
tune to the interests of the state had
there been a deadlock."
Mr. McBride's friends say nothing more
than that they are satisfied, inasmuch as
Corbett did not succeed.
Seven Years for Hamilton.
MINNEAPOLIS. Minn., Feb. 25 Frank
H. Hamilton, convicted of manslaughter
in the first degree, was today sentenced
to seven years' hard labor at the state
penitentiary at Stillwater.
SUMMARY OF IMPORTANT NEWS
The struggle for insular legislation, began
in the Senate. Page 2.
The House voted down the authorization
for two new battle-ships and two cruis
ers. Page 2.
The Cuban amendment to the Army bill
was Introduced in the Senate. Page 2.
The Morgan steel combination was Incor
porated. Page 1.
Oregon method of choosing United States
Senators is disapproved by Washington
Star. Page 1.
Fifty men are imprisoned In a burning
mine in Wyoming. Page 1.
Several decisions were rendered by the
United States Supreme Court. Page 3.
A Topeka carpenter was shot during a
raid on a wholesale liquor house.
Dewet's retreat from Cape Colony was
checked by the Orange River flood.
The House of Commons discussed tho
wars in China and Africa. Page 3.
King Edward is at Cronberg. Page 3.
Clyde "Vaughn, Jefferson youth who made
a murderous assault upon a girl with
an ax, was sentenced to seven years in
the penitentiary. Page 4.
Insane Washington mother who threw
her six nhildren In a well strangled
them first. Page 4.
Mrs. Al Taylor was drowned In. Yaquina
Bay in an attempt to keep her husband
from falling out of boat. Page 4.
Washington railway committees will re
port bill requiring the State Auditor to
investigate railroads within the coming
two years, jrage o-
Washington bill to prohibit practice of os
teopathy was vetoed by the Governor.
Washington Republicans have decided to
let the present Congressional appor
tionment stand. Pane 5.
Oregon bill appropriating $25,000 for exhib
its at Buffalo and Charleston fairs was
signed by the Governor. Page 5.
Idaho reapportionment bill gives all gains
- to fusion and all losses to Republican
counties. Page 5.
Commercial and Marine.
Steel merger still exciting Wall street.
Corn is the feature in Chicago grain pit.
Big- lumber cargo from Tillamook.
Buckingham clears with fourth February
flour carso. Page 10. .
Skarpsno's manifest lost on the Rio.
Almond Branch out of the mud, but still
in trouble. Pase 10.
Good progress made in saving the light
ship. Page 10.
Portland and "Vicinity.
Constitutionality of new Portland charter
questioned. Page 1.
Firemen'e suit against the city will be
heard today. Page 8.
Dr. E. P. Fraser died at Los Angeles of
heart trouble. Page 12.
Inman, Poulsen & Co. buy 20 acres which
form their mill site. Page 12.
Main provisions of the new direct pri
mary law. Pace 12.
William Penland, the "sheep king of Mor
row County," died at St. Vincent's
Hospital. Page 8.
Banquet tendered to Senator-elect Mitch
ell. Page 8.