Jfmitw
(Etapttifttt;
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I! PAGES 49 TO 64 j
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VOL. XLL
PORTLAXD, OREGON, WEDNESDAY, JANUARY 1. 1902.
NO. 12,S10.
r
I
:: PART FOUR
1 ?J 1BP?" r
I fcH Ei"? E
JAS1. E. PEPPER
Has Been the Leading
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ROTHCHILD BROS., Agents
j
r j PITS THE POCKET in size and price.
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. Price $8.00. The pocket sizes range
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Fnr TniiriQ BLUMAUER-FRANK DRUG CO.
rui 1UUU51J Wholesale and Importing Druggists.
HA
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PHIL METSCHAX, Pre.
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seventh wd Washington streets, portuib. okgh
CHAXGE OP MAXAGEMEXT.
European Plan: .... $1.00, 5J.50, $2.00 per Day
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Foot of J 4th Street, PORTLAND, OR.
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Special rate made to families and single gentlemen. The bsbbkc
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HAVE YOU A MINE?
If so, we have the
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Write for our new
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HAMMOND MFG. COMPANY, Inc.
100 FIRST STREET, PORTLAND, OR.
THE PIANOLA'S
MAY RETIRE STOCK
Injunction Against the North
ern Pacific Is Dissolved,
DECISION BY JUDGE LOCHREN
Nothing In the Case Tkat Would In
dicate i Inteatloa to Consoli
date Competing Lines Power
Does Xot Give Up.
"MINNEAPOLIS, Dec. 3L-Judge William
Lochren. of the United States Circuit
Court, today dissolved the temporary In
junction issued In the case of Peter Power
against the -Northern Pacific Railway
until it was thought to be too late for She
road to take counter action before Jan
uary 1, 1S02, the date on which the pro
posed retirement must bo made if it Is not
postponed another year. They character
ized the acUon as the attempt bf a few
disgruntled persons to throw obstacles In
the way of the Northern Pacific in the le
gal conduct of its business and pointed out
that recent applications for an injunction
in New York were peremptorily refused by
the courts.
To this the attorneys for Power answered
that the New York action was in benalf
of the ..olders of preferred stock, who ob
ject to the retirement under the terms of
the charter. The present action had a
different relaUon because it was brought
by a holder of common stock, who claimed
that his property is Injured by the method
of retirement adopted. Power's attorneys
pointed outthat while dividends onpreferred
stock, since it Is noncumulative, are not
payable unless earned, the 4 per cent cer
tlcates which It was proposed to Issue to
holders of preferred, yield a regular rate of
interest and are therefore in the nature of
a prior lien on the property, thus depre
ciating the value of the common stock.
The opposing attorneys spent the morn
ing In arguing the various points In the
case before Judge Lochren. Powers at
torneys first asked for more time to pre
pare their answer, but this was refused
on the ground that the case must be set-
ROOM FOR COURTS
Enlargement of the Portland
Postofflce Building.
PLANS OF ARCHITECT TAYLOR
Old Strnctnrc to Be Remodeled and
Many Improvements Added Pro
fessor Splllmaa Takes Up
His Xevr Duties.
WASHINGTON, Dec. 31. If the Ideas of
Supervising Architect Taylor with regard
to the enlargement of the Portland post
offlce are finally carried out, and a two-
volt against Gorman. There may be one
or two Democrats of the entire majority
thatwlll not vote for Gorman in caucus,
but It is doubtful If a. single vote will be
cast against him. by Democrats when the
election occurs.
WILL SELL DANISH ISLANDS
Question of Plebiscite Will Not De
Allowed to Interfere in Matter.
COPENHAGEN, Dec. 31. It has been
learned upon the best authority that the
treaty between the United States and
Denmark for the sale of the Danish West
Indies will be signed, in spite of the
agitation here against it, as the Danish
Government has given its promise to this
end. A question of a plebiscite will not
be allowed to interfere In the matter.
United States Is Ready.
WASHINGTON, Dec 31. In the absence
of any fresh diplomatic exchanges be
tween this country and Denmark on the
subject, the officials of the State Depart
ment say there ia no news to be made
public regarding the proposed sale or
the Danish West Indies. There are no
differences between the two countries as
to the terms of the proposed transfer.
The United States is ready to close the
VESSEL TIPS OYER
Surprising Disaster to the
Asie, a French Bark.
HEN ESCAPE SUDDEN DEATH
FRENCH BARK ASIE CAREENED ON DAVIDGE'S DOCK.
VIEW OP THE DOW OP THE "WRECKED VESSE-.
EFFECT UPON MUSIC
Peopie who are interested in music, a r.d also our great virtuosi, are alike as
tonished at the rapid strides that are be Ing made1 in the means for enjoying this
art, and. at the development of musical ta ste.
Up to three years ago, or before the a dvent of the Pianola, the privilege of
playing the piano was confined to the fe w born musicians, and to those people
who could afford the time and monev nee essary to learn. The better part of a
lifetime was often the cost of training th e fingers. Today everybody has this priv
ilege at once.
THE AEOLIAN COMPANY
31. B. WELLS, Sole Xortk rest AseHt,AcolIan Hall, 353-355 Washington t.
Company by Judge Elliott, of the District
Court, of Hennepin County, Monday.
The injunction which was dissolved by
the order of Judge Lochren restrained the
Northern Pacific from issuing any evi
dences of indebtedness to retire the pre-,
ferfed stock of the company or to retire
the preferred stock in any other manner
than by the use of the surplus net earn
ings of the road. It also restrained the
Northern Parjfic and Its officers from en
tering into any agreement ordering any
act by which the road would be consoli
dated or merged, through the medium
of the Northern Securities Company, with
the Great Northern or the Burlington, or
cither of them.
After the decision was made orally by
Judge Lochren at the close of a day's ar
gument by the attorneys for both sides,
an effort was made by ihe plaintiff's at
torneys to have the court fix the amount
of bond which would be required In order
to appear from, the decision and to stay
all further proceedings In the lower court
pending the appeal. Judge Lochren re
fused to allow a supersedeas bond in any
amount to be given.
Attorney W. E. Lancaster, representing
Mr. Power, the plaintiff, asked in court:
"Does your honor mean to say that the
damage which would result to the North
ern Pacific Company, if an appeal from
your order dissolving the tempdrary In
junction was taken and a supersedeas
bond staying proceedings were filed,
would be so great that a bond could not
be given large enough to reimburse the
defendant?"
"As the question of granting-a superse
deas," the Judge replied, "Is discretionary
with the court. I deciine to permit the
staying of the proceedings or the force of
the order by a supersedeas bond on ap-pcal.''
Judge Lochren'. Decision.
Judge Lochren held that the Northern
Pacific was acting within the authority
of Its charter in the contract entered
into between it and Its stockholders as
Incorporated In the certificates of pre
ferred stock and in the agreement en
tered Into November 13, In attempting to
retire the 575,000,000 of preferred stock in
the manner alleged by Mr. Power.
He also held that railroad corporations
could not do Indirectly what the law pre
vented them from doing directly, and that
any method by which the. consolidation
of two or more competing parallel lines
would be brought about would be illegal,
and a writ of Injunction would be to re
strain the consummation of the plan, but
that there was nothing In the case as pre
sented to him that would indicate that
the stockholders of the Northern Pacific
Railway Company were attempting such
ja consolidation or merger.
The case was transferred late Monday
night by the Northern Pacific from the
State to the Federal Court, and an order
to show cause, returnable this morning,
while the temporary Injunction granted by
Judge Elliott should not be dissolved, was
secured from Judge Lochren and served
late last night upon Mr. Power's attorney.
The answer of the defendant was filed in
the District Court, and an order remov
ing the same to the Federal Court was
served from Judgo Brooks, of the Henne
pin District Court
The Northern Pacific's answer was a
long document of 32 typewritten wages,
and ostensibly was prepared on a few
hours' notice. All of the legal staff of
the railway was on hand at the calling
of the case in Judge Lochren's court this
morning. They were C. W. Bunn, Frank
Kellogg and ex-Judge Young, of SU Paul.
Mr. Bunn admitted In his argument that
he and his colleagues were well prepared
to argue the case and had not been caught
by surprise. Representing Mr. Power
were George A. Lamb, of Lamb & Gourn
sey. of New York; Mr. Moore, of Buck
ley, Gray & Moore. Chicago, and Attor
neys Lancaster, Belden and Boutell, of
Minneapolis.
Arguments of Counsel.
TheCCorthern Pacific attorneys contended
that the retirement of the preferred stock
was in every way legitimate, that It had
been legally agreed to by a majority of
the stockholders, that it had no relation
whatever to the proposed merger and that
Power's acUon had been purposely delayed
tied to day if the stock Is to be retired.
Next they moved that the matter be re
manded to the Hennepin County District
Court, where It originated. After an
hour
,wa
solut:
on its merits.
Mr. Bunn made a long argument In
which he made this significant state
ment: "Our friends across the table say that
there is a plan here to turn the Northern
Pacific over to somebody else. That Is
utterly untrue. The retirement of the pre
ferred stock can have no relation what
ever to that part of the Injunction. I
shall decline in this case to enter Into
any argument as to the antl-trusi laws or
their violation. The stock question can
have no bearing on that. We do not ob
ject to that part of the Injunction re
straining the Northern, Pacific Company
from going into an illegal corporation.
The part we do object to Is that section
preventing us from retiring the preferred
stock, as we have a right to do."
Mr. Power's attorneys tonight author
ized the statement that the fight had just
commenced, and that they would appeal to
the United States Supreme Court.
Effect on the Merger.
' Judge Lochren, In his decision, made a
ruling which the attorneys of J. J. Hill
maintain settles the controversy of the
Northern Pacific merger. Said the court:
story extension is erected along Fifth
street, from Morrison to Yamhill, half
surrounding the present building, it Is be
lieved there will .be ample room In the
accommodate, the postofilce,
enUro present structure can be
turned over to the courts. The attention
of the department has been called to the
present insufficient accommodations for
the courts, as well as the poor condition
and many inconveniences of the old 'build
ing. It is a part of Mr. Taylor's plan to re
model the old building when the wing is
added, and to place that part of the struc
ture in first-class condition. With the
new arrangement there will be ample
space for the courts' witness-room, rooms
for bailiffs, officials, stenographers, juries
and other officers. An elevator also can
be added and a modern plumbing system
installea, so as to make the old building
thoroughly up to date. Should this plan"
be adopted, it Is asserted very. poslUvely
that there will be room enough for the
courts and the postofflce for many years
to come.
Splllman Takes Up His Duties.
W. J. Splllman, late of Pullman, Wash.,
experiment station, has taken up his
'If the Northern Pacific Railroad never, duties as chief of the Bureau of Agros-
"deal, which appears to be blocked only
by the timidity of the Danish Ministry,
owing to the agitation against the sale
of the islands by some of the people of
Denmark.
thought of consolidation, but to pay oft
the preferred stockholders and issue com
mon stock. It had authority to do that,
and that of Itself would certainly have no
tendency toward consolidation. It is
claimed that It would place certain per
sons who are alleged to be manipulating
these stocks with a view to consolidation
or merger in a 'position In which they .
would be enabled to carry out their j
schemes better than if there was not a i
retiring of the preferred stock. That Is
asserted. I do not see that it very clearly
appears from any of the facts that are set .
forth. I
"The mere scheme of. the retiring of the
tology in the Agricultural Department, In
this city. He succeeds S. Lamson Scrlb.
ner, who assumes charge, of agricultural
work In the Philippines.
Recommitting the Canal Bill.
There is already talk about sending the
Nicaragua Canal bill back to the commit
tee on lnteroceanlc canals when the Sen.
ate reconvenes next Monday. The pur
pose of this Is twofold. The opponents
of any canal will be glad of a delay of
any kind, while the friends of the Panama
route believe that a reconsideration of the
preferred stock could be carried out Just i . , . .,.,,.,. , . i,. .v, r0
? .,ii., if ,. ino,nn , fcnt,TT, i bill Is necessary In order to give the Pan.
curltles Company had never been thought arna Canal Company an opportunity to
of. The same persons who own the com- submit a new proposition. It is doubtful
mon stock now own it without any refer- j whether the Senate would vote in favoi
ence to the Northern Securities Company . f th propostlon t0 recommit, except for
It is not very clear to me why they could , A. . ,, . .. . ,r . ,, . . .
not manage these three companies with ' the belIef tnat Morgan of Alabama, chair
reference to doing away with competition ', man of the committee, was altogether too
Greeting Krom St. Thomas.
ST. THOMAS, It. W. I.. Dec. 31. A
cable message was sent to King Chris
tian, of Denmark, today, signed by near
ly every prominent person on the Island,
except the government officials, saying:
"We, the burghers and inhabitants of
St. Thomas, send our king a submissive
new year greeting." The government of
ficials sent the King a separate message
of greeting.
PAN-AMERICAN DEADLOCK.
Crisis In the Affairs of the Confer
ence Is .Not Improbable.
MEXICO CITY. "Dec. 31. The Pan
American deadlock In the matter of arbi
tration still continues. Tho Chilean dele
gates want to prevent the compulsory plan
from being reported to the conference at
all, whereas the Argentine and Peruvian
delegates affirm that they will not adhere
to The Hague convention unless their
compulsory plan also has the honor of a
public presentation to the conference.
So wrought" up are both sides that a
crisis In the affairs of the conference Is
not Improbable within a day or two.
SENATOR BERRY SUFFERING
Able to Sit Up, bat Kot Yet Out of
Danger.
LITTLE ROCK, Ark.. Dec. 31. Advices
from Bentonvllle today Indicate that
United States Senator James H. Berry
Is suffering greatly from the injuries he
received two weeks ago at New burg. Mo ,
by a fall. . He Is able to sit up for brief
periods, but Is still far from out of dan
without any such company being formed
as with it If the same persons own all
or substantially all of the stock of both
companies, I do not see the necessity of
forming that company simply forthe pur
pose of carrying that purpose out They
might do it just as well without It
"But I do not see that the retiring of
rtlJZTM&iUnot tanuignc. endless discussion ' and
the Northern Securities Company, if that untimely and lnconslaerate Intolerance,
precipitate In reporting tho bill before the
committee was reorganized. Morgan has
made himself offensive to many Senators
who insisted that a treaty with Great
Britain should be ratified before any canal
legislation should pass. Sincerely advo
cating an Isthmian canal, Morgan, by
PACIFIC COAST WHEAT EXPORTS.
The total vrheat exports from all Paclac Coast ports (flour in
cluded) for the year ending yesterdny "were 53,10-,S57 bushels. Of
this amount the shipments of the various ports were as follows
Bushels.
Portland 18,5S0,743
Tacoma and Seattle v 17,748,452
San Francisco f. . 17,1C3,G02
Per Cent.
34.75
33.17
32.08
Totals 53,402,85;
100. OO I
Is an Illegal conception. Of Itself, the re
tirement of the stock Is a lawful pur
posesomething that mfght properly be
done. It might as well be said, I think,
that If the men had no property at all
they would be disabled from doing this
unlawful thing doubtless In a greater de
gree than If they were prevented from
retiring this preferred stock, but this
would not warrant denuding them of their
(Concluded on Page 50.)
has delayed action. If the canal bill Is
referred back Morgan will be Indirectly
responsible to some extent. At the sam&
time itjs well to remember that great In
fluences and many practical reasons are at
work In favor of the Panama route.
Revolt Against Gorman.
A curious story, coming from Baltimore,
was circulated In Washington today that
the Maryland Legislature is about to re-
' Goes to Philippine Trade.
SAN FRANCISCO, Dec. 31. The coast
ing steamer Albion will soon be sent to
the Philippines, where she will go Into the
trade between Manila and the other
ports of the group.
SUMMARY OF THE DAY'S NEWS
Foreign.
Germany delays action against Venezuela.
Pase51.
Kitchener needs reinforcements. Page 51.
Cuban elections passed oft quietly. Page 51.
Domestic.
Power's lnjuncton against the Northern Pacific
was dissolved. Page 49.
Plans for enlarging the Portland postofflce
i building. Page 40.
Northwestern Governors agree upon a plan tor
fighting the proposed railroad deal. Page 50.
Great damage was caused by freshets In the
South. Page 50.
The fight between the Hanna-Foraker factions
became acute In- Cincinnati. Page 54.
Secretary Gage sajs the Treasury Is In a con
dition o unexampled strength. Page 54.
Pacific Coast.
Lewlston Commercial Club chooses representa
tive to work for open river at "Washington,
D. C. Page 51.
Dudley Evans. ex-Portland man, chosen presi
dent of Wells-Fargo Express Company.
Page 51.
Many prominent men gather at Olvmpla to at
tend funeral of Governor Rogers today.
Page 51.
Marine.
Wheat and flour shipments for 1001 from all
Pacific Coast, ports. Page C2.
French bark Henrlette may be turned over to
underwriters. Page 62.
French bark Asie tipped over In Portland har
bor. Page 49.
Portland and Vicinity.
Chamber of Commerce discusses open river as
effective way to reduce freight rates.
Page 50.
Fire in Turn Halle does $0200 damage. Page 04.
Mrs. AVhltlock and Walter King contest over
$500 reward. Page 50.
Lying Quietly in Portland Harbor,
the Ship Lists and Smashes Her
Rigging and Steel Masts Into
a Wharf Damage, $30,000.
Thirty-seven men were in the hold of
the French bark Asie, almost the laU
bucket of sand ballast was swinging in
midair, and the captain had barely crossed
the gangplank at S:30 A. M. yesterday
when the vessel suddenly listed to. star
board and shattered three of her four
steel masts on Davldge's wharf. The
master. Captain Olllvaud, escaped death,
by obeying a timely warning to dodge the
falling masts, and by prompt action res
cued his wife from the bark. The crcw
of 22 and the three subordinate officers,
clambered to the deck, and with catlike
agility crossed the damaged rigging to
the wharf. Of the 11 stevedores, 10
escaped without Injury. One, Charles
Rosenthal, was hurt by sliding ballast, but
his condition is not serious. The vessel
now lies at the wharf with her keel clear
of water, and her starboard rail sub
merged, with her deck at an angleor 'JO
degrees on the starboard side. So far
blame for the accident has been attached
to no one.
The Asie arrived from Tasmania De
cember 9, and was under charter to Bal
four, Guthrie & Co. She had been dis
charging ballast at Davldge's dock. Just
north of the west landing of the Albina
ferry, and her fine appearance had at
tracted more attention, than that of any
other vessel In the harbor. Yesterday
mornlng she was receiving her usual share
of compliments from passengers on the
ferry, when a slow movement to tne
starboard side was noticed. The ferry
was in mldriver.
"That looks strange," remarked Mate
Daniel G. Brunger. whose eyes were riv
eted on the deck in a vain effort to dis
cover some living person. Within 30 tec
onds after he had made the remark the
masts crashed on the wharf, the sailors
were scaling the rigging and Michael Cav
anaugh, foreman of the stevedore gang,
was standing on the edge of the port side,
severing the rops of the donkey scow,
which, thus released, floated down stream
with the current.
Ballast Nearly All Gone. x
That was outside knowledge of the
bark's listing. On board things were dif
ferent A bucketful of ballast had been
hoisted from the hold. Three or four
bucketfuls more remained, and the dis
charge would be completed. The steve
dores weTe sweeping the sand together,
and the sailors were cleaning up the hold.
The sailmaker was mending the sails un
derneath the forecastle head. The cap
Tain, on his way uptown to see the char
terers, had stepped off the gangplank.
Suddenly there was a cry In the hold that
the bark was sinking, and the listing
movement, which at first was thought
to be due to the swells of a passing
steamer, became a danger signal. The
men rushed to the ladders and ascen.jsa.
to the deek with all possible speed, and
the foremost reached the top before tfte
masts fell. They shouted In French to
Captain Olllvaud, who was on the wharf,
"Look out! You'll ye killed!. The -masts
will fall on you!" The master, as he
says himself, with a single glance heav-
icnward. Jumped to a place of safety, and
hardly a second later tne lore, mam ana
mlzzen masts struck the dock, and the
sound of cracking steel was heard. The
sailors came out 6n the rigging, and tne
stevedores followed, but none leisurely,
Cavanaugh stopping to cut the donkey
scow ropes. When nearly all were off
Captain Olllvaud learned that his wire
was still In the cabin where he had left
her. and he at once ran to the beach,
north of the wharf, leaped Into a boat
and was rowed to the vessel. Meantime.
Mrs. Olllvaud had ascended the deck
stairs, and when the boat reached the
b'ark it was. an easy matter for TOen to
lower her to it and to row her to land.
After the crash. Captain Olllvaud made
a hasty survey of the wreck. He found
that the Jigger mast was the only one
not Injured. The bowsprit was hanging
In the current The foremast was broken
In three pieces, the mainmast In two
pieces, the main royal yard at the yard
arm, the mlzzen mast in two pieces, and
the upper and lower topsails broken at
the pardels. The rest of the ship was
not damaged to any extent. One sail was
rent and the rigging disordered. There
were about three feet of water In the
hold, but there was no appreciable damage
to the decks.
The Cause a Mystery.
After looking over the wreck. Captain
Olllvaud said he could not attribute the
accident to any cause. The ship was
practically new, having been built in lS'JT,
her home port being La Rochelle. He
himself had assisted in superintending her
construction and has commanded her since
she entered the merchant service. Every
precaution against 'such accidents had
been taken.
"Ballast logs," he said, "were on both
sides. There were no swells, no wind
and no current. In France the vessel"
had stood with less log ballast, and I am
at a loss to account for Its shifting."
Some river men were Inclined to the
opinion that the accident was due to the
slacking of the ballast logs on the port
side, but passengers who were on the
ferry when the bark shifted are certain
that when the accident happened there
was no one on deck to touch the ballast
lines. Shipllners declare that the logs,
properly handled, were heavy enough to
maintain any vessel In an URright posi
tion, but they have no cause to assign
for the accident, excepting that they con.
slder the vessel topheavy.
The damage to the bark Is estimated
by ship liners and carpenters- at 530,000 to
J40.000. According to them It will cost con
siderable to remove the masts and rigging,
whfch will enable the vessel to regain an.
even keel, and In the neighborhood of 530,
000 for repairs. Yesterday afternoon six
laborers were put to work, and Captain
Olllvaud says the force will be Increased
In a few days. He says the vessel will be
"deck-up" again In two weeks, and then
the contract for repairs will be let.
In. the afternoon the sailors endeavored
to save Captain Ollivaud's wardrobe, but
on descending to the cabin they found that
It had been ruined by the waiter. Some
valuable papers of the captain had also
been destroyed. A small quantity of to
bacco was brought up sound enough.
Crowds thronged the wharf to see the
wreck, and P. Hlnz and M. Lipke, watch
men on Davldge's wharf, had to close
the gates on them. Adjoining wharves
were also crowded, and the ferry carried
on each trip more passengers than It gen
erally carries In an hour. Professional
and amateur photographers formed no
pmall part of Its list, and it Is estimated
that at least 500 snap shots at the vessel
were taken.
1--