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About Morning Oregonian. (Portland, Or.) 1861-1937 | View This Issue
'- 1JJLIJII JL J L LI LJLI MSBS&SBL April
VOL. XLIL NO. 12,893.
PORTLAND, OREGON, TUESDAY, APRIL 8, 1902.
PRICE FIVE CENTS.
Be sure the heels
GOLD SEAL CROCK-PROOF
Be sure that the heels and knees
are stamped as per cut, and that
each, boot has . our "Gold Seal"
stamp on the Teg-.
Manufactured only by
GOODYEAR RUBBER CO.
R. H. PEASE, President.
Beware of imita
YOU see yellow specks dancing Uefore your eyes, you ever
feel dizzy on the street, you get up in the morning with a
dark brown taste and a raging sick headache '. . .
YOUR LIVER IS OUT OF ORDER
' S. B. HEADACHE AND LIVER CURE
IS WHAT YOU NEED:
BLUMAUER-FRANK DRUG CO., Wholesale and Manufacturing
BLUMAUER & HOCH
108 and 110 Fourth Street
Sole Distributers for Oregon
Fifth and Washington Streets
Flrst-CIass Checlc Restaurant
Connected With Hotel.
J. F. DAVD3S, Pres. C T. BELCHER, Sec. and Tree
St. Charles Hotel
FRONT AND MORRISON STREETS
American and European Plan. Sg S ""'.""ZT.'SS' Sg 5
j "it ga WHOLESALE SHOES ;
t3l tL2J With a large and complete
fe- Zli&w w latest lasts and best ma-
!3pS'-Kr terla! only- used.
T VQ v
v0 FRONT ST. -. s
POULTRY NETTING, BANK AND OFFICE RAILINGS
And all kinds of useful and ornamental work
Portland Wire & Iron Works
147 FRONT STREET.
UNCLAIMED ffiH SUITS
FROM $10.00 TO $20.00
WORTH $20.00 TO $40.00
FARNSWORTH-HERALD TAILORING CO.
248 Washington Street, near Third.
An instrument by means o which it Is for the first time possible to play a piano
with YOUR OWN EXPRESSION.
A few can touch the -marie string:.
And noisy Fame Is proud to win them;
Alas for those that never sing.
But die with all their music In them.
To such and their name is legion the Pianola must seem nothing less than
an Instrument of enchantment,
THE AEOLIAN COMPANY
M. D. WELLS, Sole Northwest Agt.
Conference Over Cnban Bill.
WASHINGTON, April 7. Representa
tive Hay, of Virginia, chairman of the
Democratic House caucus, today Issued a
call for a conference for Democratic mem
bers on the subject of Cuban reciprocity
at 8 o'clock tomorrow night. The call fol
lowed a petition, signed by more than 25
Democratic members, requesting the con
ference. The move caused agitation on
both sides. In connection with the open
ing of the debate on the Cuban bill it
was thought to Introduce a new element
of doubt as to the final vote on that
measure. The movement for a con
ference was understood to have been be
gun by those opposed to the bill, with a
view to concentrating the minority in op
position. It was conceded by the sup
porters of the Payne bill that a combina
tion between the minority and the
Republicans who oppose reciprocity would
make the final Issue doubtful. Represent
ative Watson, of Indiana, who Js acting
as the Republican "whip" on the Cuban
bill, expressed confidence that the bill
73 & 75 First St.
Without a Rival
Booms Single ...i.., 78c to SI. BO per day
Room Double ..........XLOO to V2.00 per day
Rooms Family ..........JLCO to 3.00 er day.
WIRE GOODS FROM THE
WIRE AND IRON FENCING
of all kinds.
Nevr Falling: Building:.
353-365 Washington St., cor. Parle.
Couldn't Keep His Money.
CHICAGO, April 7. Henry V. Lucas
was -one of the 154 bankrupts for whom
the United States District Court today
wiped out 540,000 in debts. The schedule
filed by the petitioner contained no assets
and showed that in 1882 Mr. Lucas fell
heir to $2,000,000 as his portion of an
$8,000,000 estate left by his father. Twen
ty years ago Judge Lucas, the petition
er's father, was reckoned the wealthiest
man west of the Alleghenles. He was a
money king In St. Louis, where a street
is named In his honor. Among other ven
tures, the son Is said to Have lost $300,000
by the failure of a barge line which he
started between St. Louis and New Or
leans. Mr. Lucas fortune slipped rap
idly from his possession and he came to
Chicago to work for a living.
MADRID, April 7. The bark RIvere
Guadana has been wrecked near the
mouth -of the Guadana River. Twelve o"f
her crew- were drowned.
BILL PASSES HOUSE
Anti-Chinese Measure Made
NOW INCLUDES MIXED BLOODS
No Chinese Sailors to Be Employed
on American Ships Applies to All
Possessions of the United
The House of Representatives yester
day passed the Mltchell'Kahn Chinese
exclusion bill, after amending: it so as
to make It more drastic As passed It
re-enacts present exclusion; extending
the provisions to Include all persons of
mixed Chinese blood, and prohibiting
employment of Chinese sailors on Amer
ican ships. It Is made to apply to all
United States possessions.
WASHINGTON, April 7. The House to
day passed the Chinese exclusion bill, af
ter Incorporating in it several amend
ments which" Increased the drastic char
acter of the measure. The principal one
not only excludes Chinese by birth and
descent, but all Chinese of mixed blood.
The chief struggle was over an amend
ment to prohibit the employment of Chi
nese sailors on American ships. An
amendment covering this proposal was
ruled out on a point of order, but subse
quently was modified to evade the ruling
and was adopted, 100 to 74.
As passed the bill practically re-enacts
all the existing exclusion laws, and In
corporates with them the existing treaty
regulations. It extends these exclusion
laws to the Philippines and the other pos
sessions of the United States, and forbids
Chinese labor in our colonial possessions
coming into this country. The Philippine
Commission, by the terms of the bill, Is
directed to adopt proper measures for the
enforcement of the provisions of the bill
in the Philippines.
The conference report on the war reve
nue tax repeal bill was adopted, and the
bill sent to the White House.
Late in the afternoon Fowler (N. J.)
moved to pass under suspension of the
rules the Senate bill to extend the charters
of National banks for 20 years. The
Democrats were taken completely by sur
prise. As It was after the usual
hour for adjournment, the attendance was
slfm.The Democrats attempted -to' -filibuster,,
but a roll of the House finally
secured a quorum and the bill was passed.
Debate on Chinese Bill.
Immediately after the reading of the
journal the House today proceeded with
the consideration of the Chinese exclusion
bill, which was read for amendment under
the five-minute rule.
Kleburg (Tex.) said that much as ho
would like to vote for the bill, ho could
not do so until the provision prohibiting
the coming to the United States of Chinese
born In Hawaii or the Philippines since
their acquisition was stricken out. The
Supreme Court had decided in the Wong
Kim Ark case that Chinese born in this
country were American citizens. He
thought that the decision fixed the status
of future children In our Insular posses
sions, and unless the provision went out
he would be forced to vote against the
Nappen (Mass.) moved to strike the pro
vision from the bill. Hltt said he shared
to a certain extent in the views of
Kleburg, but thought the provision should
remain In the bill In order that the
question raised might be passed upon In
the courts. Nappen's motion was lost.
Two amendments were made without di
vision, one by Clark of Missouri, to amend
the definition of "teacher" under the privi
leged classes, so as to require that for
two years before admission the teacher
should have been engaged In "teaching the
higher branches," and another by Coombs
of California to provide ttiat Chinese stu
dents shall leave the country immediately
upon completion of their course of study.
The amendments designed to perfect the
language of the bill, which had been
agreed upon by the committee and the
California delegation, were adopted. Clark
(Dem. Mo.) offered an amendment prohib
iting the employment of Chinese, laborers
on American ships, as follows:
And It shall be unlawful for any vessel hold
Ins an American register to have or to employ
In Its crew any Chinese person, not entitled to
admission Into the United States or Into the
portion of the territory of the United States to
which the vessel piles, and any violation of
this provision shall he punishable by a fine not
Clark made a strong plea for the amend
ment, declaring that the purpose of tiie
exclusion bill was to protect American la
bor. His amendment, he said, was to pro
tect American sailors. The amendment
was subsequently broadened to provide for
the temporary employment of Chinese sail
ors where a vessel In distress has lost part
of her crew.
Against the modified amendment, Per
kins (N. Y.) raised the point of or
der that It was not germane, and
Moody (Rep. Mass.) ssutalned the
point, but In the course of his ruling. In
dicated how the amendment might be
made germane. Thereupon Kahn (Rep.
Cal.), modified the amendment to make it
conform to the ruling of the chair, his
modified amendent providing that It should
be unlawful for an American ship for a
voyage terminating at an American port
to employ Chinese sailors. ,
Hltt vigorously opposed the amendment.
He declared that such a provision would
drive the American ships on the Pacific
under the British flag.
Clark served notice that if the provi
sion was defeated he would offer It as an
amendment tb the ship subsidy bill.
War Revenue Repeal.
At this point the committee arose to per
mit Payne, the majority leader, to call up
the conference report on the war reve
nue repeal bllL Richardson, the Demo
cratic leader, explained why he declined to
sign the report. He said the Democrats
did not believe that all the war revenue
taxes should be repealed and taxes on the
necessaries of life remain. For Instance,
he said, he favored the Senate amend
ment which would have allowed the tax
on bucket shops to remain, but which the
conference disagreed to. Payne, In reply,
said he had opposed the Senate amend
ment because he did not believe In tax
ing the small gamblers and allowing the
big ones to go scot free. "Besides," said
he, "we promised the people that we
would remove every vestige of the war
taxes, and we want to keep our promise."
The report was adopted without division.
Consideration of the pending amend
ment to the exclusion act was then re
sumed. Cannon agreed with Hltt that the adop
tion of this provision would force Amer
ican ships to sail under foreign register.
The amendment was adopted on a vote by
tellers, 100 to 74.
On motion of Clark of Missouri an
amendment was adopted adding to the
bill's definition of Chinese those of mixed
Chinese blood. Clark announced that as
the main features of the minority bill had
been placed upon the majority bill, and in
that way had made It more drastic than
the original majority bill, he would not
ask a vote upon the substitute.
As amended the bill was- then passed
The Indian appropriation bill was sent to
Fowler asked unanimous consent for
the consideration of the bill to ex
tend the charters of National banks
for 20 years. Smith of Kentucky objected,
whereupon Fowler moved to suspend the
rules and pass the bill. Twenty minutes'
debate was allowed on a side. The debate
was brief, the Democrats having been
taken completely by surprise. Fowler ex
plained that there were 650 National banks
with a capital of $123,753,300, whose char
ters would be extended by the bill. Ball
of Texas briefly protested against the pro
posed legislation. The bill was passed,
ayes 117, noes 48, not present 18, a call for
PART AUTHOR OF CHINESE EXCLUSION BILL, WHICH
HAS PASSED THE HOUSE.
HRfhfit iSfea&aaaaaalaiaaaWflV'K' 8 jraisafiHaafaBBBBBa
the Houbo having first to be had In order
to secure a quorum.
At 6:55 P. M. the House adjourned.
CALLED FOR THE LETTER,
Culberson Wants to Know Hovr Phil
ippine Governor Criticised.
WASHINGTON, April 7. The hearings
by the. Senate committee on the Philip
pines on the situation in the Philippine
Archipelago were Tesumed today, with
Major-General Arthur MacArthur on the
stand, but before he had becun-his testi
mony Senator Culberson, one of the Dem-'
ocratlc members of the committee, took i
occasion to call attention to the omission i
of the report of the Civil Governor of one
of the Philippine provinces from the rec
ord of Governor Taft's testimony. This
Is the .report referred to In the correspond
ence between General Miles and Secretary
Root, of which the.Secretary.sald:
"The reference In the memorandum is
to the letter of- Governor -Taft to the Sec
retary of War, dated February 2, 1901,
transmitting for the purpose of an Investi
gation of the military authorities a re-,
port by the Civil Governor of the Prov
ince of Tayabas, containing in general
terms and without specifications or name3
serious charges against the conduct of tho
Army generally In its relations to the
civil government." r
Senator Culberson quoted this para
graph. He said be understood the report
had been withheld for the purpose of pro
curing a statement to be presented with
It, calculated to parry It, but he thought
the report should be presented now, and
If there was countervailing testimony It
could be recovered later. He took occa
sion to object to what he characterized
as the effort of the Secretary of. War to
direct and control the proceedings of a
committee of .tho Senate. After- some
debate Senator Culberson changed his res
olution so as to call directly upon the Sec
retary of War for the report, with a re
quest to forward any information he may
have from General Chaffee, and in this
form the resolution was adopted.
General MacArthur then, oegan his state
ment, which he said would be a review
of his observations In the Islands and
opinions he had formed. He said that
after a complete study of the situation he
had concluded that permanent American
occupation of the Islands was advisable.
The General had not concluded his -statement
-when the committee adjourned until
The Sennte and "Bdclcet Shops."
WASHINGTON, April 7. Much time
was consumed by the Senate today In the
discussion of the conference report on the
bill to reduce war revenue taxes. As
passed by the Senate, tho tax on transac
tions in so-called bucket shops was re
tained. The conferees struck out that
provision. It being explained that the
House would not consent fo Its retention.
Berry, Bacon and Pettus Insisted that
the Senate should demand the retention
of the tax. Aldrlch, Allison and Spooner,
while they were In favor of the tax, ex
plained that It could not be retained with-"
out endangering tho entire measure. Tho
conference Teporf finally was adopted, 36
Simmons explained briefly why he should
support the Chinese exclusion bill. The
exclusion bill was read for committees
amendment, the reading occupying much
Two Presidential Nominations.
WASHINGTON, April 7. The President
today sent the -following nominations to
the Senate: N
Frank D. Roberts, Collector of Internal
Revenue. Sixth District, Missouri; Charles
Herdhska, District of Columbia, Consul
at Callao, Peru.
FORCE THE ISSUE
Republicans Would Make It
FOWLER BILL HAY LEAD TO IT
Mcmnre 3Iay Be Put Off Until After
Election, In Order to Hold Gold
Standard Forces Closely
WASHINGTON, April 7. There Is a
possibility that the Fowler currency bill
may be made a party tesue In the present
campaign. This Is especially true If It
Is taken up fqr consideration. It Is known
that Speaker Henderson and leading Re
publicans of the House are favorable to
making the financial issue' prominent In
some, measure-of currency reform.
Some objections arc made to! the Fowler
bill on account of Us. many "provisions,
and 'If any attempt Is made to bring It
up, the minority will say that there can
not be. time, to f consider it .this session.
There Is- a possibility "that a Republican
caucus will be called so as to make it a
party measure, and an issue in the com
ing campaign. The -bill may be then
taken up and considered for a while, and
laid over, with .the statement that the
country shall be given an 'opportunity to
learn more about It, -but with the avowal
that the Republicans are pledged to cur
rency reform as the bill is denominated a
"bill to strengthen the gold standard."
The.Ropubllcansdo.not .think they would
lose anything In going before the, country
with this Issue of -the gold standard, sup
plemented by an additional Issue "providing
for elasticity of the currency. It Is be
lieved that such an Issue will keep gold
standard Democrats from going back to
the party, and will force tho Bryanltes
further tqwafd the Populist party.
GOES TO JUNEAU.
Alaska Land Ofllce Leaves Sitka, on
WASHINGTON, April 7. The President
today ordering the transfer of the United
States land office in Alaska from Sitka
to Juneau to be made June 1 next.
This removal was made at the recommen
dation of Commissioner Hermann, who
suggested that Inasmuch as there win
hereafter be but one land office In Alaska,
the one at Juneau Is the more centrally
located, and Is on direct mail and steamer
routes connecting with the United States,
having almost dally malls. Moreover he
points out that Juneau is well supplied
with lawyers, whereas Sitka has but two,
a fact that has greatly hindered land busi
ness heretofore, and necessitated the em
ployment of Juneau attorneys at ad
ditional expense. While ror the present
It will be necessary to rent quarters for
the land ofllce at Juneau, there Is now
available an appropriation for a Federal
building at that city, which when com
pleted will accommodate this and other
Only a. Scandal.
The Richardson-Christmas scandal re
garding the Danish West Indies has de
generated Into simply a Democratic at
tack upon Secretary Hay. There Is a
great deal of viciousness displayed by the
Democrats toward the Secretary of State,
and they lose no opportunity to attack
him. Everybody who has had anything
to do with the Investigation knows that
it Is simply a farce.
Affirmed by Supreme Court.
The Supreme Court today affirmed tho
decision of the Supreme Court of Oregon
in the case of the French-Glenn Livestock
Company against Alva Springer, Involving
title to certain lands on the present bor
ders of Lake Malheur. These lands were
originally covered by the lake, but owing
to recession of Its waters became classed
as swamp lands, and as such passed to
Springer. Tho case at Issue Is but one
of many Involving practically all the low
land surrounding Lake Malheur, which
has long been claimed by the cattle com
panies owning large tracts adjoining.
Simon Won't Talk.
Senator Simon appeared In the Senate
chamber today, after an absence of some
weeks at home. He does not care to dis
cuss recent political events In Oregon.
WILL JTOT OPPOSE.
Although Administration Regards
Chinese Bill an Too Drastic.
WASHINGTON, April 7. The attitude
of Senator Cullom and Representative
Hltt on the Chinese bill, as well as of
some others who are leaders In the Re
publican party and rather close to the
Administration, may mean that the. bill
Is somewhat more drastic than the Admin
istration would like In some particulars.
It Is well known that Secretary Gage was
opposed to the opinions expressed by the
President in his annual message on the
subject of Chinese exclusion, and It is
also known that Secretary Hay fears that
his open-door policy In China and the
building up of Oriental trade may be seri
ously Interfered with If the bill as now
framed becomes a law. At the same time
It Is observed that the members of both
houses are not disposed to treat the Chi
nese coolies with any tenderness, and that
they are determined to have a bill which
cannot be evaded by fraud, as the Geary
law has been In the past 10 years. No
matter what may be the attitude of the
Secretary of State and some of the other
advisers of the President, it Is not be
lieved that he will place any obstacles in
the way of the enactment of such a law
as Congress deems best at this time.
PASSES THE SENATE.
Mitchell's Land Bill for Repnying
WASHINGTON, April 7.-Senator Mitch
ell today called up and had passed his
double minimum land bill. The bill as
passed provides that where homestead
timber culture, desert land or other en
tries of public lands are or have been
cancelled or relinquished because of con
flict, or where the entry has erroneously
been allowed and cannot be confirmed, the
Secretary of the Interior shall repay to the
entryman all fees, commissions, purchase
money and excesses paid upon the same
when, such entry is duly cancelled by the
In cases where parties have paid double
minimum price for land, which has after
wards been found not to be within the
limits of a railroad grant, or within the
limits of any portion of a grant which
may be forfeited for failure to construct
that portion of the railroad In aid of
which the grant was- made, the excess of
$1 25 ah acre shall be repaid to entrymen..
Claims for repayment to bo valid must
be filed within three years.
ISTHMIAN CANAL RIGHTS
Nicaragua and Costa Rica. Negotla
V 'ting With United States.
L .WASHINGTON. April 7. It Is under-
stoou tnat Mr. corea, the Nicaragua
Minister here has forwarded to his gov
ernment a proposition as to the price
the United States would be likely to
pay for Nicaragua Canal rights, the
proposition having been submitted to the
Minister by Secretary Hay. Secretary
Hay's proposition Is said to be in the
nature of a counter proposal to that set
out in the canal protocol drafted by
United States Minister Merry last year.
Mr. Corea, for Nicaragua, and Minister
Calvo, for Costa Rica, have- decided to
do away with the protocol stage in
their .negotiations regarding a canal,
and are preparing drafts of treaties
which "will embody the terms under
which their respective governments will
cede the necessary canal rights. These
treaty drafts are expected to be com
plete by the end of the current week.
By that time Mr. Corea expects to re
ceive his final Instructions from his gov
ernment. Including the decision respect
ing Secretary Hay's proposal.
The situation as to Colombia Is pre
cisely the reverse to that as to Nica
ragua, as in the former case the United
States Government has before it a defi
nite proposal from Colombia and Is con
sidering It with some indication of .a
purpose to suggest desirable amendments.
Infernal Machine Exploded.
(BRUSSELS, April 7. A supposed Infer
nal ' machine exploded today at the en
trance of the Banque Nationale, and
caused slight damage to the janitor's de
partment. No clew has been found to
the persons who caused the explosion.
SUMMARY OF THE DAY'S NEWS.
House of Representatives passed drastic antl
Chtnese bill. Page 1.
War revenue repeal bill has passed and gone
to the President. Page 1.
Republicans In Congress favor making cur
rency reform an Issue In coming- election.
President Roosevelt and party left "Washington
for Charleston. Page 2.
Attorney - General Stratton, of "Washington,
presents anti-merger bill to Supreme Court.
Striking miners In Pennsylvania reject ofTer of
mlneowners. Page 2.
Murderer Patrick sentenced to die May 5.
"Venezuelan rebels are gaining ground, and gov
ernment Is In bad way. Page 5.
The Shah of Persia will visit Emperor Will
lam. Page 5.
A third attempt has been made to assassinate
the Moscow Prefect of Police. Page 5.
Australian troops wantonly killed Dutch chil
dren. Page 5. j ' ,
Washington Labor Commissioner suggests a
plan for ending Seattle labor strike. Page 4.
Railroad from Baker City to Snake Rler
mines Is to be constructed. Page 11.
British ship Frankenstan abandoned at sea.
Democrats of Clackamas County hold conven
tion. Page 4.
More charters reported for wheat loading at
low ratea Page 12.
I "Venerable bark Antigua headed for Portland.
Page 12. ,
Schooner Compeer has a rough trip from the
Columbia. Page 12.
Clipper ship Semantha sailed from Hamburg
for Portland. Page 12.
Portland and Vicinity.
Democracy's problem In making up a platform.
Portland ministers discuss Golden Rule and
Chinese exclusion. Page 8."
Postofflce will have five new substations.
Port of Portland Issue an ultimatum to dry
dock contractors. Page 10.
Vanguard of Portland baseball team arrives.
Page 3. "
AFTER THE MERGER
Bill Attorney-General Strat
ton Asks to File.
DIFFERS FROM MINNESOTA'S
Defense Says None of the Allegations
of the State of "Washington De-
Fines Illegal Act Leave to
In asking leave to file a bill against
the railroad merger, Attorney-General f
Stratton. of the State of Washington,
I presented to the Supremo Court a copy 4
of the bill he proposed to file, and It
was discussed by him and opposing
counsel. This btll differs from that
filed by the State of Minnesota In that I
t it makes the Gret Northern Railway t
Company, as well as the Northern Pa
1 cine Railway Company, defendants to
WASHINGTON, April 7. Attorney-General
Stratton, of the State of Washington,
today brought to the attention of the Su
preme Court of the United States the de
sire of that state to bring suit to prevent
the merger of the Northern Pacific and
the Great Northern Railroads by moving
for leave to file a bill of complaint on be
half of the state versus the Northern Pa
cific and Great Northern Railroad Compa
nies and the Northern Securities Company.
In making the motion Mr. Stratton said
counsel for the defendants was present
and prepared to proceed with an oral ar
gument if the court was prepared to hear
them, adding that the case Involves the
same questions as were presented In tho
Minnesota case. He added that an Imme
diate hearing was desired because It would
save another trip from the State of Wash
ington. Ex-Attorney-General Grlgg3, who was
present as the representation of the rail
road companies, acquiesced in what Mr.
Stratton said as to the desirability of aa
early hearing, but the court declined to
announce an Immediate decision on that
point. The Chief Justice said, however,
that an early response would be given.
In connection with his motion for leave
to file his bill of complaint, Mr. Stratton
submitted copies of his bill and a brief
In Its support. To avoid the objection
under which this court refused to enter
tain the bill of the State of Minnesota
against the Northern Securities Company,
the State of Washington has made the
Great Northern Railway Company and
the Northern Securities Company de
fendants. Bill for an Injunction.
The bill asks for a general order of
restraint and Injunction, and is a general
recital of the acts of the merger, which,
it is claimed, are in contravention of the
laws of the State of Washington prohib
iting the consolidation of competing lines
of railroad. It Is charged speclflcilly that
"the Northern Securities Company was
organized solely for the purpose of car
rying out and accepting the designs,
agreement and plans of James J. Hill
and J. P. Morgan and their associate
stockholders to effect a consolidation of
the property, railway lines, corporate
powers and franchises of the Northern
Pacific and the Great Northern Compan
ies, respectively, through the Northern
This combination is characterized as i
"conspiracy," and It Is asserted that the
interests of the individual stockholders
in the property and franchise of the two
railway companies was to terminate and
to be converted Into an Interest in the
property and franchise of the Northern
Securities Company. The individual
stockholders were no longer to hold an
interest in or draw their dividends from
the earnings of either of the said "allway
companies, but rather from the earnings
of both systems, collected and distributed
by such holding corporation. That the
defendant, the Northern Securities Com
pany, Is not only exercising the right of
ownership of such stock, but also dic
tating the management of said railway1
The Interest of the state In maintaining
independent lines of road Is fully set
forth and In the accompanying brief the
legal reasons In support of the action are
set out in detail. Among these is the
plea that unless the Supreme Court as
sumes jurisdiction, " the State of Wash
ington Is without a forum to which tho
controversy may be presented.
The brief, referring to the former case
brought by the State of Mfnnesdta, says:
"Under the authority of the recent de
cision of this court in the State of Min
nesota vs. the Northern Securities Com
pany, It Is clear that the Northern Pa
cific and Great Northern Railway Com
panies are necessary parties defendant,
not only In this, but any other court hav
ing equitable jurisdiction in an action
brought by the State of Washington
against the Northern Securities Com
pany. "This rule bars the State of Washing
ton from maintaining such an action In
the courts of New Jersey, for the reason
that said railway companies are not with
in the state for the purpose of giving tho
court jurisdiction over them. An action
against the N'orthern Securities Company
will not He in the State of Washington,
for the reason that the courts are pow
erless to obtain "jurisdiction over Its per
son. No Action In New York.
"Careful inquiry has been made and It
has been found that the State of New
York is the only state In the Nitlon In
which each of said parties defendant has
designated an agent upon which court
process may be served, and It is clear
that such an action against the defend
ants (all being nonresidents of the State
of New York) cannot be maintained
therein, under section 17S0 of the New
York Code of Civil Procedure."
Two briefs were filed In opposition to
the complaint, one of these being by
George B. Young, M. D. Grover and C.
W. Bunn, and the other by ex-Attorney-General
John W. Griggs. Mr. Griggs
takes the position that the bill of com
plaint does not present a case of a con
troversy of a civil nature vhlch under
the Constitution and laws of the United
States is justifiable In this court; that It
Is a suit to enforce the local law and
policy of a state, whose right to make
laws and enforce them exists only within
itself and by means of Its own agencies,
and Is limited to its own territory, a"nd
that "whatever the law of the State of
Washington Is upon the subject of the
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