Morning Oregonian., January 28, 1902, Page 3, Image 3

THE MOBNING OKEGONIAISr, TUESDAY, JANUARY 28, 1902.
MERGER GA8EHEARD
Arguments- Before United
States Supreme Court,
A QUESTION OF JURISDICTION
Brief Submitted by tbe Parties to
the Controversy Court Asked
Questions and Took Matter
Under Advisement.
WASHINGTON, Jan. 27. In the United
States Supreme Court today Attorney
General Douglas, of Minnesota, renewed
his motion for leave to file a bill of com
plaint on behalf of the state against the
Northern Securities Companies in the
matter jof the merger of the Northern Pa
clilc Railroad with other railroads, saying
he had given notice to the defendants as
required by the court. Chief Justice Ful
ler announced that the argument upon
this motion would be heard later in the
day, as soon as the hearing in the case
under consideration could be completed.
"When the preceding case had been
completed, Attorney-General Douglas was
recognized to make his argument Iir sup
port of the motion for leave to flle his
Mil of complaint. Mr. Douglas made the
following points in support of the rights
of the state to file an original suit in this
court:
Grounds of This Salt.
The complaint bases its request for leave
to flle and present Its bill of complaint
upon section two, article III of the Con
stitution of the United States, which
grants original jurisdiction to this court
in all controversies between states and
between a state and a citizen of another
state, also upon Congressional enactment,
relating thereto section 6S7 et seq.. Re
vised Statutes of the United States.
The right of a state to Invoke the juris
diction of this court to protect Its prop
erty and Individual rights and Interests in
an action against citizens of sister states
has long been recognized. The State of
Minnesota owns upward of 3,000,000 acres
1 of land within its limits, which Is near to,
or in the territory, alone traversed by the
two railways in question, and the state is
dependent almost entirely upon these
roads for the development of this land
and the furnishing of transportation fa
cilities to the same. The value of these
lands and their salabillty will be greatly
impaired by the consolidation.
The income of the state derived from
taxation for the maintenance of state In
stitutions, "as well as the performance of
its executive, legislative and the Judicial
functions, will be seriously Impaired and
interfered with by reason of such con
solidation. The state has granted many
millions of acres of land to various com
panies as a consideration for building and
maintaining parallel and competing lines
of railway within the state, many of
which railway lines are now owned or
controlled by either the Great Northern
or Northern Pacific Railway Company. It
is, therefore, submitted that the State of
Minnesota Is so far Interested in Its In
dividual capacity In the subject-matter of
this action as to entitle It to maintain the
same.
The state also claims the right to main
tain this action as parens patriae, or as
trustee or representative of all her citi
zens. A very large portion. If not all. of
the citizens of Minnesota will be mate
rially injured by the consolidation of, and
the removal of competition in freight and
passenger rates between the lines of rail
way owned and operated by the two com
panies. "We take It that this court will as
sume that the citizens of thostaie gen
erally will suffer material "injury- by the
removal of competition In freight and pas
senger rates within the state. Presuma
bly, it was in recognition of this principle
that Congress adopted the anti-trust law.
It is In recognition of this same principle
that all 6f the anti-trust laws of the va
rious states have been adopted, and, in
fact, this is the basic principle of all of
the decisions holding common law mo
nopolies Invalid and against public policy.
Such being the case, we contend that It is
not only the right but the duty of the
state to prosecute this, action in behalf of
the citizens of the state.
Part of State' Duty.
It Is as much a part of the duty of a
state. In its sovereign or governmental
capacity, to secure to its citizens their
common rights, as it is of the United
States to use its sovereign powers in be
half of its citizens for a similar purpose.
"We do not assert that a state can main
tain an action to enjoin all ultra vires
acts or violations of law by corporations,
but we do assert that wherever the state
has a property or individual interest
which Is damaged by such act, it can
maintain a suft to enjoin same; or where
such act results in injury to the public or
a large number of citizens of the state
when the state can maintain an action to
enjoin the same as parens patriae or rep
respntatlve of the public welfare of her
citizens. And we contend that both of
these conditions exist in this case, and
that the State of Minnesota has a'right
to maintain this action in this court
against the Northern Securities Com
pany to determine that question.
The statutes of the State of Minnesota,
the enforcement of which form a partial
basis for the relief sought, are in no
sense penal statutes; they provide no
punishment for their violation. They are
not only not penal, but we think form a
part of the contract which gives the
state the right to maintain this action
both in its individual capacity as well
as that of parens patriae.
The stockholders of the two railway
companies whose properties and lands
are sought to be consolidated have beea
granted the right by the State of Min
nesota to be or td exist as corporations
within said state and to exercise the
right of eminent domain. It Is a well
settled principle of law that the public
statutes of a state relating to a corpora
tion become and are a part of the charter
of a corporation created In or permitted
to do business in such state: that is,
a part of the consideration which the
state receives for granting the right to
be a corporation and exercise the powers
and privileges as such in the state Is
an agreement on the part of such cor
poration and Its stockholders that It
and they will observe the laws of the
state relating to such corporation.
It must be borne in mind that In addi
tion to the statutes prohibiting the con
solidation the State of Minnesota has con
tributed over 10.000.000 acres of land In
order to secure the construction and
maintenance of some of the parallel and
competing lines by either the Great
Northern or Northern Pacific Railway
Company. A part of the consideration
which the state received for the lands
granted was the implied agreement on
the part of such railroad corporations
and their stockholders, that these lines
of railway should be maintained and op
erated by such corporations as parallel
and competing lines.
The Imxv of Minnesota.
A part of the statute law of the State
of Minnesota relating to railroad corpor
ation has been for nearly 30 years that
no consolidation in any manner whatever
shall take place between parallel and"
competing lines of railway within the
state, that is one of the conditions and
considerations demanded by the state for
the right to be a railroad corporation and
to exercise the powers and privileges of
such within the state !, that free and
open competition In both freight and pas
senger rates shall exist between the lines
of railway operated by such corporations
and the violation of these statutes Is a
violation of the contract rights or obli
gations of the corporations as well as of
the stockholders thereof -with the state,
and, as we contend, gives the state the
right to maintain an action to enjoin such
violation. The enforcement of such a
statute Is the enforcement of a remedial
statute or a statute which gives the right
to the state in its individual capacity as
well as in Its capacity as the representa
tive of its citizens to maintain this ac
tion In any court of competent jurisdic
tion. The State of Minnesota in attempting
to enforce Its statutory right and remedy
by means of this action Is not asking
this court to enforce anything contrary
to the declared public policy of New Jer
sey or of the National Government. The
declared public policy of New Jersey and
the United States Is against the consoli
dation and unification of competing lines
of railway, and the removal of competi
tion in freight and passenger rates. This
policy is declared In the so-called "anti
trust law" of the United States, which has
been before the court on several occasions.
The right to maintain a cause of action
created by statute or which arises by
reason of the violation of a statute other
than a strictly penal law has been recog
nized by this court.
The contract obligation to obey the laws
of the State of Minnesota rests primarily
upon the stockholders of the corporation;
it is one of the conditions, which the
state demands of the persons about to
form a corporation; It, In effect, says to
them, "if you will obey the laws of the
state relating to the corporation you wish
to form, the state will permit you to or
ganize as a corporation." As held by this
court, the franchise of being a corpora-
tion belongs to the stockholders. It log
ically follows that the obligation to obey
the law is Imposed In the first Instance
and forever after remains upon the stock
holders of the corporation.
The stock of the Great Northern and
Northern Pacific Railway companies, the
title to which is placed in the Northern
Securities Company, In the manner and
for the purpose in the bill, must be
deemed to be held by the last-named com
pany as though located in and subject
to all the laws of the State of Minnesota;
and every power sought to be exercised by
It by virtue of such stockholding must be
In harmony wltb and not in violation of
the laws of the State of Minnesota. The
Northern Securities Company can exercise
no power by reason of the stockholding,
nor any management or control over the
Great Northern and Northern Pacific Rail
way companies which is In violation of,
or which tends to contravene the laws of
the State of Minnesota.
The stockholders of a corporation, as
well as a corporation Itself, can perform
no acts and make no contracts either
within or without the state creating such
corporation, except such as are authorized
by its charter or some general law of the
state relating to it. It follows, as a neces
sary corollary, that a corporation as well
as Its stockholders can perform no act or
make any contract or agreement which
violates a remedial statute of a state cre
ating such corporation.
It will be noticed that the statute of
Minnesota prohibits not only the consoli
dation of the property and railway lines
of competing companies, but it also pro
hibits the consolidation of the stock of
such railway companies In any way what
ever. This statute Is a part of the general
law of the state authorizing the forma
tion of railroad corporations, and Is an ob.
ligation or limitation which enters into
and forms a part of the stockholders' con
traefwith the state, and is therefore bind
ing upon the Northern Securities Com
pany. This company cannot complain of
an enforcement of this contract obligation
or the state statutes because it claims
to be a stockholder in these railroad com
panies. The Northern Securities Com
pany, as declared by Its articles of in
corporation, was organized to purchase
the stock 'of railway companies In the
State of New Jersey or any other state
in the Union, and to vote the same. From
this it follows that any stock of a rail
way company acquired by it outside the
State of New Jersey Is subject to all ob
ligations or limitations imposed upon such
stock as well as the corporation Issuing it.
Summary of the Situation.
The situation can thus be summarized:
The holders of a large majority of the
capital stock of two railroad corporations
authorized to construct and maintain
lines within the limits of the State of
Minnesota have organized a corporation
in another state for the express purpose
of consolidating the railway lines and
property of such companies and evading
and in violation of one of the laws of the
State of Minnesota, which bear directly
upon and give the state and its citizens
certain rights and privileges in connec
tion with the property owned and con
trolled by the railroads thus sought to be
consolidated. The only way in which the
state can reach such an evasion of its
laws and enforce Its rights is to bring
an action in this court against the instru
ment or means by which such consolida
tion Is sought to be accomplished. If
the State of Minnesota cannot avail it
self of the original jurisdiction of this
court to enforce Its right. It cannot go
into the State of New Jersey and ask the
courts of that state to enforce its rlgfrTs,
because the same reasons urged against
the jurisdiction of this court could be
urged with equal force before the courts
of New Jersey.
The bill discloses that this consolidation
embraces about 17,000 miles of railroad,
furnishing nearly all the transportation
facilities available to the people of seven
different states of the Union, which seven
states embrace more than one-fifth of the
entire area of the United States, and
nearly one-twelfth of Its population.
While it Is not a part of the duty of the
State of Minnesota to enforce the rights
of the citizens of any other state, and it
does not seek to do so, we ask this court
to turn to those facts of which It has a
right to take judicial notice and it will
learn that six of these seven states
through which these roads pass have con
stitutional or statutory inhibitions similar
to the one which the State of Minnesota
now seeks to enforce in this action. We
refer to this only for the .purpose of dis
closing the far-reaching effect of- this
tremendous consolidation.
If the State of Minnesota cannot main
tain this action, we fall to see how it is
possible for any state to enforce remedial
statutes adopted for the protection of the
Interests of its citizens as well as to
protect Its individual rights. If what is
attempted to be done here can be suc
cessfully accomplished, the states of this
Union are powerless to enforce such
statutes. The National Government, un
der Its present constitutional limitation,
can enact no legislation which will protect
state commerce and state traffic against
such a monopolistic consolidation as is
referred to in this bill. The only prac
tical way the state can protect itself is
by the adoption of legislation of the
character sought to be enforced In this
action, and the only tribunal In which
$hat can be enforced' under the circum
stances disclosed In this bill is the one to
which we now appeal.
It seems to us that there Is a contro
versy between the State of Minnesota and
the defendant corporation a citizen of
the State of New Jersey which under
the constitutional provision referred to
entitled the State of Minnesota to the
privilege of the Jurisdiction of this court;
in fact, this is the only judicial tribunal
in which the State of Minnesota can well
assert its claim and present Its contro
versy against the defendant.
Defendants' Side of Case.
Mr. W. D. Guthrie, for the Northern
Securities Company, filed a brief with the
court outlining that company's position.
He contended that the bill of complaint
proposed to be filed on behalf of the State
of Minnesota does not present a contro
versy of -a civil and Judicial nature be
tween a state and a citizen of another
state justifiable in this court, and that
no state can call upon this court to en
force its penal or police laws In other
states. Hence this court is without juris
diction. The bill' asks the court, he said, to re
strain by Injunction a citizen of New Jer
sey from doing these acts. -which are en
tirely lawful according to her laws and
which are sanctioned by her Statutory
policy, simply because those acts violate
or evade or tend to circumvent the public
or penal 'or police laws of Minnesota, the
complainant state. There is, he contin
ued, no suggestion that the acts com
plained of are not entirely lawful in the
State of New Jersey, or that It is not
within the corporate powers of the de
fendant corporation as an Investment
company to acquire and hold the stocks
of railroad companies. The sole ground
of complaint is the alleged violation in
New Jersey of certain enactments con
tained in the statutes of Minnesota.
Hence he contended that the injunction
prayed for would be nothing more or less
than an order compelling the securities
company to obey In New Jersey the laws
of Minnesota.
He called attention to the fact that no
relief is sought against the Great North
ern Railroad Company or the Northern
Pacific, although both are corporations
of the State of Minnesota, and therefore
within the jurisdiction of the courts of
that state. This was taken, he said, as a
confession that neither of these corpora
tions had sinned against the laws or the
constitution of Minnesota. He pointed out
that as neither of these companies is a
party to the suit, no relief could be
granted against them.
Question of Jurisdiction.
Mr. Guthrie quoted many authorities
in support of his contention. He said
ATTORNEY-GENERAL W. R. DOUGLAS.
AttiA&cSKMMi
mrXM
- va.- t' . -.-4-- nsi iMiiiiii ir
MINNESOTA'S CHIEF REPRESENTATIVE BEFORE THE SUPREME
COURT IN TnE RAILROAD MERGER CASE.
there was no Minnesota statute prohibit
ing co-partnerships or individuals from
acquiring and holding stocks of parallel
or competing railroad companies. This
he considered most significant, In view of
decisions by the United States Court in
other cases.
"If," he said, "It be urged that the
word 'managers, contained in the act
of 1S74, applies to James J. Hill, William
P. Clough and others, who were directors
or officers of the Great Northern Com
pany, and that they could not indl IiUiaily,
while acting as managers, acquire the
stock of a. parallel or competing com
pany, it may be said that the act of
1SS1 omits all reference to 'managers,'
and that this subsequent act Implied that
they repealed the prior act which cov
ered exactly the same subject matter.
At any rate, these gentlemen and numer
ous others, whpse names are mentioned In
the bill of complaint, are not parties to
this suit. Their rights cannot lie ad
judicated or their acts enjoined In their
absence. They were omitted because to
make residents of Minnesota parties de
fendant would have ousted the court of
jurisdiction. It would strike the court as
a novel proposition that the legal right
of the Northern Securities Company to
acquire and hold property under the laws
of New Jersey Is to be tested and deter
mined by the individual character and
relations of her stockholders or directors."
Ex-Attorney-General Griggs followed,
also speaking for the securities company!
He said the fundamental error of the
State of Minnesota in this proceeding Is
in making a claim to the assistance of
this court in the exercise of Its sovereign
ty. At best the command of the state
could -not be considered effective outside
the state. The public law of one state
could not be extended to another state.
He never before had heard of a case in
which a state had called on a Federal
judiciary to support Its own state laws In
matters not coming under Federal Juris
diction. Replied for MInneMotn.
Concluding the argument for the State
of Minnesota Mr. Munn said the law in
controversy had been adopted to pro
tect the state against the consolidation
of railroad lines which had been con
structed by state aid. He called atten
tion to the fact that the act not only
prohibits the consolidation of railway
companies, but also railway franchises and
stocks. He contended that the act was
framed to provide a remedy not only to
the state in Its Individual capacity, but
also to the citizens of the state In their
Individual capacity as well. In fact, the
act was a part of the charter contract
when the railroad corporations came into
the state. Consequently the State of
Minnesota could enforce it at any place.
He said the securities company could di
rect the affairs of the two railroads from
New Jersey, notwithstanding the effect
would be felt In Minnesota. The charge
was that competition is and could be re
moved. Moreover, the directors of the
securities company are stockholders of
the Northern Pacific and the Great North
ern Companies, the effect being as com
plete and perfect a consolidation as could
be Imagined. This was to be accomplished
entirely outside the limits of the state,
but its effect would be concentrated upon
that state. He also attacked the com
bination as a monopoly and therefore a
nuisance under the common law. He
likewise controverted the idea set forth
by the associate counsel that the securities
company is merely an investment com
pany. Justice Shiras asked what the e effect
upon the management of the two roads
would be If the injunction prayed for
should be granted, and Mr. Munn replied
that the control would revert to the
original stockholders.
In reply to Chief Justice Fuller and
Justice Harlan, he said it would be im
possible to secure relief in the State
Courts, as it would be impossible to get
jurisdiction, the securities company hav
ing no resident representative In Minne
sota. Furthermore, he assumed that the
directors of the two roads would obey
the dictates of the securities company as
the slave would obey the commands of his
master.
When Mr. Munn concluded the court
took the application under advisement.
Supreme Conrt to Take Recess.
WASHINGTON, Jan. 27.-Chief Justice
Fuller today announced that the United
States Supreme Court would take a re
cess from next Monday until Monday,
February 24.
Chinese Cases Advanced.
WASHINGTON. Jan. 27. The United
States Supreme Court today granted the
motions of the Solicitor-General to ad
vance on the docket the five Chinese cases
recently brought to the court. Involving
the validity of the Chinese, exclusion act.
The hearing In the cases was set for the
I first Monday in March.
(BIRTHDAY OF EMPEROR
WIIXIAM SIGNALIZES HIS FORTY
THIRD ANNIVERSARY.
Confers Titles on Regiments Which
Hitherto Have Borne No Dis
tinction Nor Names.
BERLIN, Jan. 27 Emperor William
signalized his 43rd birthday today by con
ferring territorial titles on all the regi
ments which hitherto have borne no dis
tinctions nor names.. In an army order
on the subject His Majesty says:
"In my army are united the traditions
of many German races and lands. It is
my endeavor, Indeed my duty, to culti
vate these traditions. With us the army
and the nutlon are one. The history of
my country is bound up in the army. May
the new titles keep alive the remembrance
that the empire was created by the capac
ity of its individual members, and thai it
Is the duty of every one belonging to the
army to strive to bring honor to his race,
or his home, in rivalry with others. May
this thought serve as an incentive to the
troops to cherish the spirit which alone
in the army can bring the greatness of
victory."
In the morning Emperor William and
the imperial family attended divine srr
vlce in the chapel of the castle. The
members of the diplomatic corps and the
imperial Cabinet Ministers were present.
After the service Emperor William held a
congratulation court In the White Hall,
at which all the great dignitaries of state
were present.
In the afternoon Emperor William and
the Prince of Wales repaired to the ar
mory. His Majesty was warmly cheered
by large crowds along the route. Later
in the day Emperor William drove In an
open carriage through Untcr den Linden.
The great crowds present heartily cheered
His Majesty. The Empress birthday pres
ent to Emperor William was a model of
her left hand,-executed-in marble by Pro
fessor Bogus. The only ornament on the
hand is a wedding ting.
The Official Relchsanzeiger this evening
publishes an Imperial order on the sub
ject of today's army order, In which the
wish Is expressed that "the spirit which
animated the bearers of these names for
centuries may ever remain alive. Then
will this distinction constitute a perma
nent incitement to answer for the gran
deur of the fatherland with blood and
treasure, and never to flinch or waver,
even though -storms are raging on all
sides."
KRUGER NOT LIKELY TO COME.
Ills Health "Will Hnrdly Permit of
His Visiting: America in April.
THE HAGUE, Jan. 27. The rumors that
Mr. Kruger having received invitations
from Chicago, New York and Philadel
phia to visit those cities would probably
start on an American tour next April
arose from the efforts of some pro-Boers
who are anxious to further their propa
ganda in the United States. It is proba
l'e that some Boer delegates will start
for America In the Spring, but unless
there occurs a material improvement in
the health of Mr. Kruger, It will be physi
cally impossible for him to be a member
of this party.
Boers Cnptnrcd by PInmmer .
LONDON, Jan. 27. Lord Kitchener, in a
dispatch from Johannesburg, dated Sun
day, January 2C, announces that Colonel
Plummer captured 36 Boers Saturday, Jan
uary 23, In the neighborhood of Spltzkop.
SYBIL SANDERSON EXPLAINS.
"Why She Broke Her Encasement
"With Count de Fltz-Jamcs.
PARIS, Jan. 27. Mls3 Sybil Sanderson
today gave a representative of the Asso
ciated Press the reason for breaking her
engagement to marry Count -Henri de
Fltz-James. which, she says. Is due to re
ligious obstacles, as Count de Fitz-James
is a Roman Catholic and was divorced a
couple of years ago. "When we became
engaged In America," said Miss Sander
son, "I did not appreciate what a serious
obstacle his divorce offered to our union,
but on -my return to France this matter
was discussed, and I realized It was Im
possible that our marriage be celebrated
by the Roman Catholic Church, and that
we could only be married civilly. In view
of the religious ideas of the Fltz-James
family and social connections, this would
lead to an equivocal situation unaccepta
ble to both of us. We therefore mutually
agreed to end our engagement, and re
main the best of friends."
AMERICA'S DEBT TO ENGLAND.
London .Paper on Dissolution of
Spanish "War Coalition.
LONDON, Jan. 2S. The Washington cor
respondent of the Dally Chronicle says:
"It is learned from an intimate friend of
the late President McKinley that the Eu
ropean coalition against the Spanish
American War was dissolved by the
avowed intention of Great Britain to use
other means than diplomacy to frustrate
Interference."
The Chronicle, in an editorial on this
dispatch, says:
"America, as a whole, has not shown
herself Invariably friendly during our
troubles in South Africa, but this clear
statement of America's debt to England
should make an Impression even on those
classes who have hitherto regarded us
askance."
LONDON & GLOBE AFFAIRS.
Two of the Directors Trusted Implic
itly in Whltaker Wrlsht.
LONDON, Jan. 27. In the resumption
today, in the bankruptcy court of Inquiry
into the affairs of the London & Globe
Finance Corporation, Ltd., the .receivers
read a letter from the Marquis 'of Duff-
erla,-denying that he had been a 'party to
Whltaker Wright's speculations, which
had resulted In losses amounting to 1,
700,000. His; Lordship said he w'ould have
considered himself highly criminal had
he allowed the shareholders' money thus
to be gambled away.
The examination of Lleutenant-Gener-il
Hon. Somerset J. Gough-Calthorpe, one of
Whltaker Wright's co-directors, furnished
endless amusement In court. After say
ing he had properly purchased his hold
ings In the companies, the witness admit
ted that he knew practically nothing of
city finance. He had such perfect 'faith In
Whltaker Wright that he .followed him
blindly. When the London & Globe lost
750,000 in Lake View speculation, the
General knew nothing about It. When
250,000 was given to the British-American
Corporation he thought the London &
Globe was so wealthy that It could afford
such a gift. He did not consider It hl3
duty to exercise control over Whltaker
Wright, "the witness was principally oc
cupied in signing thousands of share cer
tificates. Lord Edward Peltham-Cllnton. another
of the directors, who had just come off
duty as groom In waiting to the King,
also said he purchased his shares of the
London &: Globe with his own money.
He knew practically nothing of Whltaker
Wright's speculation and only heard of
the loss of 70,000 In Lake Views after
the liquidation. Like other members of
the board, he believed the shareholders
were safe in Whltaker Wright's hands,
'and he was afraid the members of the
board nad done very little for their con
siderable fees.
Message of Emperor to Rome.
ROME, Jan. 27. Emperor William, no
tifying the Mayor of this city of his In
tention, as a memorial of cordial reception
in Rome, to send a bronze statue of
Goethe to be erected in a public place
here, telegraphed the following message:
"May the Image of Goethe, under the blue
sky where blooms the orange tree of
which he sang, be a lasting pledge of the
sincere sympathy uniting Germany and
myself to Italy." .
Train Bearers of the Queen.
' NEW YORK, Jan. 27. According to the
London representative of' the Journal and
American,, one of the latest and most In
teresting details in connection with the
coronation is . the selection of. the two
little- daughters of Lord Burghclere, pro
nounced "Burclalr." to attend Queen
Alexandra at the ceremony. They will
serve In the capacity of tralnbearers, and
two prettier children for this task could
not -be found In all England.
"Will Make Offer to Copper Trust.
LONDON, Jan. 27. It .is rumored In
the copper market that a director of the
Rio Tintos Company is now on his way
to -New York, his mission being- to pro
pose a working arrangement with the
Amalgamated Company, under which the
output of the Rio Tintos Company Is to
be reduced by 20 per cent until March 31,
and by 10 per cent after that date.
Waterway and Canal Bill Taken Up.
PARIS, Jan. 27. The Chamber of Depu
ties today began the discussion of a bill
authorizing the completion of a number
of projected waterways and canals, in.
volving the expenditure of over eOO.OCO.OOO
francs.
TROOPS FOR PHILIPPINES.
Two Companies of the Eighth In
fantry Receive Orders.
HELENA, Mont., Jan. 27. Orders were
received at Fort Harrison today from
General Miles, at Washington, for two
companies of the Eighth Infantry to pre
pare for transfer to the Philippines. No
time was set for the departure of the
troops and the date of their leaving will
probably not be known until the arrival
at San Francisco of the infantry which
Is to take the place of the various com
mands now in the department of the Da
kotas. Two companies of the Eighth are
at Fort Harrison, one at Fort Missoula,
and one at Fort Yates, S. D. All are or
dered to the Presidio, whence they will
embark for the Philippines.
Sailing? Dates for Returning: Troops.
WASHINGTON. Jan. 27. The War De
partment has been informed that the
troops which are to come home from the
Philippines will sail from Manila as fol
lows: Twenty-second Infantry, February 1;
Twentieth Infantry. February 16; head
quarters and First and Second Battalions
Seventeenth Infantry, February 2S. The
Third Battalion of the Seventeenth In
fantry will sail from Manila after the
arrival there of the Second Battalion of
the Twenty-seventh Infantry, between
March 1 and 10.
ANENT MORAL CONDITIONS.
Official Report of Rev. Mr. Hazzlett
to the War Department.
COLORADO SPRINGS. Colo.. Jan. 27.
Rev. A. L. -Hazlett. of Colorado City, In
his report to the War Department on
moral conditions In the Philippines, states
that the moral condition of the Islands has
materially improved since the occupation.
Rev. Mr. Hazzlett says:
"Probably In no other country In the
world do the white men become so de
graded through association with the na
tives as In the islands. A respectable na
tive or Mestizo woman would not live
with an American, and would not marry
6ne unless great advantages were
gained."
Speaking of the saloon he said: "The
strict discipline put In operation by Gen
eral Otis has borne fruit. A law to pro-
Don't Marry.
Almost everybody remembers the cele
brated advice of the London Punch , wTo
those about to marry. Don't." There
is in that advice the expression of the
ieeling of many a mother who says, "I
hope my daughter
will never marry
and suffer as I
have."
In ninety -eight
cases in every hun
dred there's no
need for this suf
fering. Doctor
Pierce's Favorite
Prescription cures
the womanly dis
eases which cause
wifely misery. It
dries enfeebling
drains, heals in
flammation and
ulceration and
cures female
weakness. It in
vigorates the
womanly organ
ism, ' tranquilizes
the nerves and
gives the mother
strength to give
her children.
Do not allow an unscrupulous dealer
to sell you something in place of "Fa
vorite Prescription,,, claimed to be njust
as good." There is nothing just as good
for women as "Favorite Prescription."
I am so pleased with your Instructions, I
hardly know what thanks to give you for your
kind favor.r writes Mrs. Mllo Bryant, of Lota,
St. Thomas Co. Ga. "Yon can publish ray few
statements to the world, hoping all suffering
women will know and be healed. I suffered so
much with great pains in my back and the
lower part of my stomach and palpitation of
the heart, that at times I could hardly lie down,
and could hardly get up in the morning, but
after using three bottles of Favorite' Prescrip
tion ' and two vials of Dr. Pierce's Pleasant Pel-,
lets, I feel like a new woman.1"
Dr. Pierce's Pleasant Pellets cure sick
headache.
DISEASE DES
i
Y SYMPTOM
The Diagnosis Made Easy by the Famous Symptom
Questions; the Cure Made Certain by the
. Wonderful Medication Which Reaches
Every Part Subject to Catarrh.
THE TREATMENT THAT CURES
.,PV- Copeland' treatment thnt lint
llfted-the darkness and blight of the word
"Incurable" from hundreds of thousands
of cases of Catarrh of the Head, Throat.
Ear Tubes, Bronchial Tubes and Lungs,
works as curative action for two reasons:
(!) It renches every diseased .spot
from the orifice of the none to the
deepest part of the limps ami tli
Innermost recesses of the middle
ear.
(U) Instead of Irritating, inflaming
and feeding the fires of the disease,
It soothes, quiets, heals and enres.
CATARRH OF HEAD AND THROAT
The head and throat become dis
ensed from nesrlceted colds, enn.s
lnp: Catarrh when the condition of
the blood predispose to this con
dition. "la your voice husky?"
"Do you spit up slime?"
"Do you nclie all over?"
"Do you pnore at night?"
"Do you blow out scabs at night?"
"I your nose stopped up?"
"Does your no.-nj discharge?"
"Does your noe bleed easily?"
"Is there tickling In the throat?"
"Is this worse toward night?"
"Does the nose Itch and burn?"
"Do you hawk to clear the throat?"
"Is there rain ncroM the eyes?"
"Is there pain In front of head?"
"Is your ene of smell leaving?"
"Is the throat dry In the morning?"
"Are you losing your sense of taste?"
"Do you sleep with your mouth open?"
"Does your nose stop up toward night?"
CATARRH OF BRONCHIAL TUBES
This condition often results from
catarrh c.xtendiiifc from the head
and throat, and if left unchecked,
extends down the windpipe into the
bronehlnl tubes, and In time attacks
the liuiKS.
"Have you a cough?"
"Are you losing flesh?"
"Do you cough at night?"
"Have you pain In side?"
"Do you take cold easily?"
"Is your appetite variable?"
"Have you stitches in side?"
"Do you cough until you gag?"
"Are you low-spirited at times?"
"Do you rnt; frothy material?"
"Do you spit up yellow matter?"
"Do you cough on going to bed?"
"Do you cough in the mornings?"
"Is your cough short and hacking?"
"Do you spit up little cheesy lumrs?"
"Have you a disgust for fatty food?"
"Is there tickling behind the palate?"
"Have you pain behind breastbone?"
"Do you feel you are growing weaker?"
"Is there a burning pain In the throat?"
"Do you cough worse night and mornings?"
'Do you have to alt up at night to get
breath?"
CATARRH OF THE STOMACH.
This condition may result from
several causes, bnt the usual cause
Is catarrh. the
mucus dropping
throat and belli &
down into tbe
Hwallowed.
"Is there nausea?"
"Are you costive?"
"Is the vomiting?" ,
"Do you belch up gas?"
"Hao you waterbrash?"
"Are you lightheaded?"
"Is your tongue coated?"
"Do you hawk and spit?"
"Is there pain after eating?"
"Are you nervous and weak?" ,
"Do you halie sick headache?"
"Do you bllkt up after eating?"
"Have you UAust for breakfast?"
"Have you dlifrebs after eating?"
"Is your throtg filled with slime?"
"Do you at times have diarrhoea?"
"Is there rush! of blood to the head?"
"When you gft up suddenly are you Ulzzy?"
'Is there gnawing sensation In stomach?"
"Do you feel as If you had lead in stomach?"
"When stomach In empty do you feel faint?"
"Do you belch material that burns throat?"
If stomach Is full do you reel oppressed?"
SYMPTOMS OF EAR TROUBLES
Deafness and ear troubles resnlt
from catarrh passing alone: tbe Eu
stachian tube that lends from tbe
throat to the ear.
"Is your hearing failing?"
"Do your ears discharge?"
"Do your ears Itch and burn?"
hlblt gambling was also put Into effect
December 10."
Rev. Mr. Hazzlett makes the following
recommendations:
"First A Government appropriation for
the establishment of soldier institutes and
of the non-alcoholic features of the post
exchange system.
"Second A general order prohibiting the
sale of vino to soldiers. Major Peck, at
BInan, has such an order in force at that
post, where-drunkenness is rare.
"Third The investigation of the charges
against officers at Joio, charged and, 1
believe, justly, with maintaining houses
of III fame without the knowledge of the
War Department and contrary to Army
regulations."
Marines Still Missing- In Snmar.
MANILA, Jan. 27. The 10 men. of the
command of Captain David D. Porter, of
the United States Marine Corps, who
failed to return from the expedition into
the Interior of Samar when Captain Porter
and 26 members of his party reached the
coast of that island, January 21, are still
missing, and little hope of their safe re
turn Is entertained.
Transport Sheridan Reaches Manila.
MANILA, Jan. 21. The United States
transport Sheridan has arrived here from
San Francisco with many sick on board,
including 30 cases of measles.
An Instance of Pope's Clear Memory.
NEW YORK. Jan. 27.-Signor Lapponi,
the Pope's physician, in view of the con
stant reports of the Pope's III health,
said to a Rome correspondent of the
Journal and American:
"The Pope is in excellent health, both
mentally and physically, and is locking
forward iovfullv to thf ftj -n.-Viif.Vi
celebrate his 25 years' pontificate. These
retes, which begin the last of March, con
tinue one year In order thnr niicrima
from all parts of the world may attend.
As an instance of the Pope's clear mem-
ory. at a recent reception for the Roman
aristocracy, the Pope observed Marquis
Patrini and said: 'I remember you well.
Marquis. "Ve met the first time at
Osten station 50 years ago. You were
with your father.' "
Conrted Death, on Elevated Roadway
CHICAGO, Jan. 27. While returning
from a funeral Charles Spauldlng drove
his carriage upon the Chicago & North
western Railway's elevated tracks at DI
vereey boulevard. A woman and a girl
who were In the vehicle fainted, a third
occupant became hysterical, two express
trains were flagged by the police and sev
eral shots were fired at the hilarious
driver before he was arrested. Police
men from three stations lolnerl in thi
chase and finally succeeded In saving
bpauiding and his cab from destruction
under the trucks of the Kenosha express
near the Foster-avenue station of. the
CRIBED
AVOID CURE-ALLS
In Catarrh, a.s In other innladie.t,
avoid Mind doctoring by patent
cure-alls. Get individual treatment
for your individual ailment at the
Copeland Institute.
THE PROPER COURSE FOR
SUFFERERS
The proper course for sufferers it
this: Read these symptoms carefudy
over, mark those that apply tc your case,
and brimj this with you to the Copeland
office. If you live away from -the clty
send by mall and ask for Information o
the new home treatment.
"Are the oars dry and seal ?"
"nave oti pain behind the ars?"
"Is there throbbing In the ar?"
"I thre a btrszing .-ound heurd?"
'Do you hae a. rtng'nfr In the ears?"
"Are there oracklini; sounds heard?"
"Is your hearing bad cloudy day??"
"Do you hav .,p.ra,h occasionally?"
"Are there sound Uk steam escaping?"
"Do vour ears hurt when you blow you
no?"
"Do you constantly har no's in the ears""
"Do you hear better some days than others-'"
"Do the noIs in your ears keep you.'
awake?"
"When you blow your noe do the ears
crack?"
"Ip hearing worse when ou have a cold?"
"Is roaring like a waterfall tn the head?"
CATARRH OF THE KIDNEYS AND
BLADDER
Catarrh of the kidneys and blad
der results in txvo v.-ajs. first by
taking: cold; second, by overworking?
tbe kidneys In separating "from
the blood the poison that have
been absorbed from catarrh, which
affects all orsrans.
"Is. the skin ple- and dry."
"I your hair getting gray?"
"Has the skin a waxy look""
"Is the hair dry and brittl-""
"Is the skin dry and har-h?"
"Do the leg feel too heavy?"
"Is thT nausea after eating?"
"Do the Joints pain and athe?"
"Is the urine dark and cloud ?"
"Are the eye dull anil staring?".
"Is there pain in small of back?" .
"Do your hands and feet sroell?"
"Are they cold and clammy?"
"Have you pain in top of Ivead?'
"Has the perdplration a bad odor?"
"Ip there pufllness under the ejes?"
"Is there a bad taste In the mouth?"
"Is there a delre to get up at night?"
"Are there dark rings around the eyes?" "
"Do you see spots floating before the eyeat"
"Have you chilly feelings down the back?"
"Do you see unpleasant things while asleep?"
"Does a deposit form when left standing?"
CATARRH OF THE LIVER
The liver becomes diseased by ca
tarrh extending from the stomncli
into the tnbes of tbe liver.
"Are you irritable?"
"Are you nervous?"
"Do you get dizzy?"
"Have you no energy?"
"Do you have cold feet?"
"Do you feel miserable?"
"Is your memory poor?" . - - -
"Do you get tired easily?" "
"Do you have hot Hushes?"
"Is your eyesight blurred?"
"Have you pain in the back?"
"Is your flesh soft and flabby.?"
"Are your spirits low at times?"
"Is there bloating after eating?"
"Have you pain around the loins?"
"Do you have gurgling In bowels?"
"Do you have rumbling bowels?"
"Is there throbbing In the stomach?"
"Do you have a sense of heat in bowels?"
"Do you suffer from pains in temples?"
"Do you have a palpitation of the heart?"
"Is there a general feeling of lassitude'"
"Do these feelings affect your memory?"
CONSULTATION FREE.
Dr. Copclnnd's Hook Free to All.
The Copeland Medical Institute
The Dekum. Third and Washington.
. TV. II. COl'ELAM). 31. D.
J. H. MONTGOMERY, M. D.
OFFICE HOURS From J) A. M. to 12
M. from 1 to 5 I M.
EVEXIXGS Tuesdays and Fridays.
SUNDAY From lt A. M. to 1U M.
Northwestern, after he had driven at
least a mile over the elevated roadway.
The occupants of the carriage were Mrs.
John Griffin. CO years old; her 15-year-old.
daughter Alice and Miss Jennie Jennings,
of Detroit. Mrs. Griffin as now at her
home. In a serious condition.
Steamer Australia Ashore.
ANTWERP, Jan. 27. The steamer Aus
tralia, of the Hamburg Packet Company,
from the West Indies, for Hamburg, went
ashore this morning at the mouth of the
Scheldt, and subsequently broke in two.
Sk5$S3k3SS.
Purity. Age and
Flavor have made
Hunter Baltimore
Rye The American
GentlemcLn's Whiskey.
Hunter
Whiskey
p2MJ
fcsrtsart
llf
egg aftpf lp
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EOTHCIIII.D BROl, x
X Portland, Ore. J