Morning Oregonian. (Portland, Or.) 1861-1937, April 22, 1902, Image 1

Below is the OCR text representation for this newspapers page. It is also available as plain text as well as XML.

VOL. XLIL NO. 12,905.
Be sure the heels
are stamped.
Be sure that the heels and knees
are stamped as per cut, and that
each boot has our "Gold Seal"
stamp on the leg.
Manufactured only by
R. H. PEASE. President.
Supreme Court to Hear
Washington Case.
Senate Retains All the
Big Items,
73 & 75 First St.
Portland, Or.
Beware of Imitations.
ml vBK.
k ' CCl
Do you smoke
' The BEAU BRUMMELL CIGAR It's the 'best
nickel cigar on the market.
BIumaucr-Frank Drug Company
Wholesale and Importing: Drujrslsts.
Favorite American Whiskey
BLUMAUER & HOCH, sole distributers
WbolesalB Liquor and Cigar Dealers, 108-110 Fourth St
Fifth and Washington Streets
33lrert-CIn Check Restaurant
Connected With. Hotel.
Booms Single
Rooms Double .....
Room Fatally ....
TBo to fl.BO per day
$1.00 to $2.00 per day
$1.50 to 13.00 per d&y
J. jr. DAYIES. Pre.
C. T. BELCHER, Bee and Treta.
St. Charles Hotel
American and European Plan.
American Flan .........$1.25, $l.BO, $1.75
European Flan 60c. 75c, $1.00
A Strictly Wholesale Shoe House
The Packard and Puritan Shoes for men,
the K. & P. School Shoes for children
Complete in each detail.
87-89 First St.
I ( Jj)l 87-89 Firsts
ty& MP yyiWlCe Portland. Or.
- a oseee o
Portland Seed Co.
for your Linen
Superior to cornstarch, equal to Bermuda
arrowroot. Made out of best OREGON
WHEAT in your city.
Factory, No. 121 Sixteenth Street,
Corner GUsan.
Telephone North 2121.
Of all kinds.
Poultry Netting
Portland Wire & Iron Works
Your Choice....
Of 100 different patterns made to your order, from the best
Scotch Tweeds, Worsteds and Cheviots, for tQ FZf
ten days only, at , $JmXmm3)
WORTH ?25.0O TO $40.00.
248 Washington Street, near Third.
New Falling; Bnlldlnr.
The Pianola is Known Around the World.
Because the Pianola supplies a need that exists, -wherever there Is a piano. It has
found Its way Into every part of the globe, from the Klondike to Cape Town;
from Northern Africa, Korea, Slam, China, to Australia, Hawaii, Mexico and
Canada. London, Paris, Berlin and St. Petersburg have become large distributing
points In Europe; and in this country the Pianola can bt seen in every city of im
portance. Instruments on exhibition at any time.
M. B. WELLS, Sole Northwest Agrt.
353-355 Washington at., cor. Park.
Northern Securities Company
Must AnsWer.
Friend of Greeley and Fremont
NEW YORK. April 2L David Carpen
ter, who was a personal friend of Horace
Greeley and John C. Fremont, is dead
at his home in. Mount Pleasant. At the
close of the Civil War he was among the
first to introduce American Iron into the
market, and conducted a large iron busi
ness In this city until recently.
Condemned Murderers Moved.
NEW YORK, April 2L In the custody
of Deputy Sheriffs, Willis, Burton and
Frederick A. Van Wormer have left tho
County Jail at Hudson, for Clinton Pris
on, at Dannemore, where, according to
the sentence imposed upon them, they
will be put to death May 80 for the mur
der of their uncle, Peter Hallenbeck.
Great Fight on the Railroad Trust
- Will Now Be Pressed to a Con
clusion by Attorney-General
The State o Washington has won the
first skirmish In Its battle against the
Northern Securities Company. The
United States Supreme Court yesterday
granted Attorney-General Stratum's ap
plication for leave to file a bill for an
Injunction. Examination Into the facts
will unless the complaint Is mean
while demurred out of court be con
ducted under direction of the Supreme
Court, probably before a commission.
The court will Issue subpenas return
able October 1.
WASHINGTON, April 2L The United
States Supreme Court today granted
leave to the State of Washington to file
an original bill for an Injunction against
the Great Northern Railway Company,
the Northern Pacific Railway Company
and the Northern Securities Company,
in connection with the petition of that
state recently filed In the courts. The
opinion In the case was delivered by Chief
Justice Fuller, who stated that the court
had always exercised the utmost care In
its proceedings In original cases, and that
the present decision to grant leave to file
was Intended to be entirely without
prejudice to either party at Interest.
The Chief Justice's"'' opinion wsvery
brief, and consisted entirely of a view of
original" cases of the same character
which havo been brought to the attention
of the court. The two most important of
the cases thus cited were the case of the
State of Louisiana vs. the State of Texas,
concerning the quarantine regulation of
the latter state. In which leave was given
to file .and the State of Minnesota vs. the
Northern Securities Company, In which
the petition to file was denied.
Referring to the latter case, the Chief
Justice said the petition had been refused
because of the Insuperable objection that
indispensable parties to the case could not
be brought into the court. This objection
did not, however, confront the court In the
present case, and the court felt that, be
cause of Its desire to proceed with the ut
most care and deliberation In all cases
where original actions are brought In this
court, the precedent of the Louisiana
Texas case should be followed rather than
that of the Minnesota case In the present
Instance. Hence leave to file would be
granted, and subpenas would be Issued,
returnable on the first day of the next
term of the court in October.
"The usual practice In equity cases has
been to hear such applications," the Chief
Justice said, "although under special cir
cumstances a different course has been
After referring to several precedents,
he made brief mention of the Minnesota
case, saying:
"In Minnesota vs. Northern Securities
Company, application to file a bill similar
to that before us, and seeking similar
relief, was made, and, after examining
the bill, we directed notice to be given
and heard argument on both sides. The
result was that leave to file was denied
because of the certain Indispensable parties
who could not be brought in without de
feating our constitutional jurisdiction.
"That Insuperable difficulty does not
meet us on tho threshold here, but among
other objections to granting leave It Is
urged that the court has no jurisdiction
In the subject-matter, because the bill does
not present the case of a controversy of
a civil nature which Is justifiable under
the constitution and laws of the United
States, in that the suit does not involve
rig"hts of a proprietary or contractual
nature, but Is purely a suit for the en
forcement of the local law and policy of a
sovereign and Independent state, whose
right to make laws and to enforce laws
exists only within itself and by means
of Its own agencies, and Is limited to Its
own territory.
"In the exercise of original Jurisdiction
the court has always necessarily used
the utmost care and deliberation, and in
respect of all contested questions on the
fullest argument. And In the matter of
practice we are obliged to bear In mind
In an esoecial degree the effect of every
step taken In the instant case on those
which may succeed it. It seems to us
wisest, therefore, to take the same action
on the pending application as was pursued
In Louisiana vs. Texas, that is, without
intimating any opinion whatever on the
questions suggested, to grant leave to file
In accordance with the general rule."
Attorney-General of Washington
Gets News of Decision in Portland.
W. B. Stratton, Attorney-General of
Washington, who argued the case for
the state before the Supreme Court, Is in
Portland, the guest of his sister, Mrs. M.
Doble, at Willamette Heights, having
Just returned from Washington, D. C.
He was much surprised when he learned
that the court had already reached a de
cision, and was, of course, deeply grati
fied to know that the decision was in
favor of the commonwealth in whose in
terest he is acting.
Mr. Stratton now feels confident that
the case will reach a hearing, and says
that lie has little reason to doubt that
the people of his state will get the relief
they have so long sought. The conten
tion of the state Is that the merger makes
Impossible the rates which would be en
Joyed as a result of competition, and the
complaint which has been filed with the
Supreme Court alleges that the merger is
.rffflB-M I I h A h Fv iliJP wBPiSiSpAjJnSzyw
Ki5iregtfri4pfEfMWffrTT none xt-lQTiiSnMltCT ll g5RCTgi1!vU'WgVPk iLU-UUT
wmBm' ' iff" jwilip cs
In direct violation of the statutes of the
state, and prejudicial to the Interests of
Its people. Unlike the bill drawn up by
the Attorney-General of Minnesota, at
the direction of Governor Vail Sant, it
does not allege that the Sherman anti
trust jaw4 has been vJolattft. Mji. Strat
ton beheve3 that sufficient -founds have
been alleged without this, and is of the
opinion that the simpler the complaint Is
the better chance It will have in court.
The defendants named are the Northern
Securities Company of New Jersey, and
the Northern Pacific and Great Northern
Railroad Companies of Minnesota. In
order to reach all three of these parties
necessary to the suit, the bill has been
filed in the Supreme Court rather than In
the United States District Court or the
State Courts.
Mr. Stratton left Olympla six weeks ago
and went to St. Paul, where he Investi
gated the application of the State of Min
nesota to be allowed to file a bill of com
plaint against the Northern Securities
Company, an application which had been
denied by the Supreme Court. After ac
quainting himself with the circumstances
of that case, and the reason for the de
nial of the application, he drew up his
application and his bill of complaint and
proceeded to New York, where he gave
notice to the corporations he proposed to
proceed against. He then proceeded to
Washington, and was Informed that the
Supreme Court would hear argument of
the application April 7. Mr. Stratton and
the counsel for the defendants, C. W.
Bunn. of the Great Northern, and ex-Attorney-General
Griggs for the Northern
Securities Company, were ready at that
time, but the hearing was deferred for
a week, when the arguments were made.
Mr. Stratton started Immedltely for
home, and the news that he had been
successful was first given him yesterday
by an Oregonlan reporter. The next move
will, of course, be made by the defense,
and will consist either of a demurrer to
the complaint or an answer, 00 days being
allowed before action must be taken. Mr.
Stratton feels confident that a demurrer
cannot be made to throw his case out
of court, and Is confident that he will be
able to establish a case before the court.
It Is understood that the railroad trust Is
anxious to dispose of the matter as soon
as possible, so further proceedings are
looked for soon.
he was at the star-chamber meetings of
the old committee, just before the March
primaries. Such an open-door policy was
never before known In Multnomah Coun
ty politics.
Republicans Name a.HJanag.
jng Committee.
One From Each Ward and Four
From Ontside Districts Serve
Only Till After June
The Republican City and County Cen
tral Committee yesterday named the fol
lowing managing committee for tho
coming campaign: P. L. Willis, Samuel
B. Schwab, C. A. Malarkey, "W. P. Mat
thews, F. A. Bancroft, George H. How
ell, A. A. Courteney, Herbert C. Smith,
Dr. E. G. Clark, G. H. Lamberson,
Henry W. Goddard (all from Portland),
and TV. L. Lighter, Daniel S. Dunbar,
Errfest H. Kelly and F. A. Bldwell
(from the county). The services of thw
subcommittee will terminate after, the
June election.
Case Will Xow Be Pressed to Con
clusion on Its Merits.
OLYMPIA, April 21. A brief telegram
was received here today, stating that the
Supreme Court of the United States this
morning announced it had assumed juris
diction of the action brought by the State
of Washington to prevent merger of the
Northern Pacific and Great Northern
Railways under the management of tho
Northern Securities Company. The case
will now be heard on its merits, and, if
the allegations of Attorney-General Strat
ton's complaint are substantiated, the
merger will soon -be a thing of the past.
General Stratton has not yet arrived at
the capital, but Governor Mc3ride had
this to say' of the news:
"I am very much gratified at the news
that the Supreme Court has decided to
assume jurisdiction in' the case of the
State of Washington vs. the Great North
ern and Northern Pacific Railroads and
the Northern Securities Company. Attorney-General
Stratton Is entitled to great
credit for the skill and ability displayed
by him in handling the case."
"What does tho decision mean?"
"It means the case will now be tried
upon Its merits. The railroad companies
and the Northern Securities Company will
be required to file their answer, and proof
will be taken. If the evidence to be in
troduced sustains the allegations of the
complaint, the relief prayed for will be
granted." '
"When do you expect a final decision?"
"That is a matter upon which I prefer
not to hazard an opinion. Any discussion
of the legal phases would more properly
come from the office of the Attorney
General. I .have the utmost confidence In
his ability, and know the case will be
pressed as strongly and rapidly as possi
ble." Governor McBrlde received the follow
ing dispatch from Governor Van Sant, of
Minnesota, today:
"Hearty congratulations upon accept
ance of Jurisdiction by Supreme Court In
(Concluded on Fifth Page.)
The Republican City and County Cen
tral Committee met In Allsky Hall yes
terday afternoon. Chairman Charles H.
Carey presided. The only business of Im
portance was the selection of a manag
ing committee of 15, whose duty It will bo
to assume active charge of the campaign
in "Multnomah County. The selections
were made in accordance with the rec
ommendations of the special committee
appointed at the last meeting of the
county committee, and are certain to meet
with approval among all good Republicans
In the county.
The new committee, consisting of one
member from each ward, and lour from
the country districts. Is as follows:
First Ward, P. L. Willis: Second Ward,
Samuel B. Schwab: Third Ward. C. A. Ma
larkey: Fourth Ward, W. F. Matthews;
Fifth Ward. F. A. Bancroft; Sixth Ward,
George H. Howell; Seventh Ward, A. A.
Courteney; Eighth Ward, Herbert C.
Smith; Ninth Ward. Dr. E. G. Clark;
Tenth Ward, G. H. Lamberson; Eleventh
Ward, Henry W. Goddard; country, East
Side, W. L. Lighter, Daniel S. Dunbar,
Emmet H. Kelly; country. West Side,
F. A. Bldwell.
The nominating committee, in Its report,
suggested that the duties and powers of
the sub-committee cease after the June
election, and that matters affecting the
primary campaign two years hence be left
to the entire committee of 70. This part
of the report was received with prolonged
enthusiasm, it being evident that the new
county committee thoroughly disapproves
of the cut-and-drled methods employed by
the Simon machine in selecting candidates
for the primaries.
The sub-committee Is composed of well
known members of the party, and can
be depended upon to wage an effective
battle against the Demo-Simon alliance.
A meeting will be held within a few days
when the vacancy on the Legislative
ticket, caused by the resignation of A. A,
Courteney, and a number of unfilled po
sitions on the city ticket will be filled.
After the regular business had been
transacted yesterday. Chairman Carey
called upon a number of the prominent
committeemen for speeches. F. A. Ban
croft, T. C. Powell, A. J. Capron, W. A.
Storey, B. F. Jones, C. J. Bush and
several others spoke briefly, giving valu
able suggestions for the coming cam
paign, and pledging hearty support to the
Republican candidates.
Every detail of the meeting was con
ducted openly, and The Oregonlan rep
resentative was not Invited to retire, as
State Central Committee Places Or
der for Fifty Thousand.
Yesterday was a busy day at the state
Republican headquarters, Chairman Mat
tlicws and Secretary Smith being busily
engaged In answering letters from state
committeemen in other counties, and at
tending to the routine office work. En
couraging reports, based upon accurate
precinct estimates, have been received
from a number of counties, while from
every nook and corner of the whole state
come demands for Furnish buttons.
Twelve thousand of these little badges
have already been sent out, and 50,000 more
have been ordered. The state committee
men in the various counties have sent in
numerous letters and telegrams, asking
for a supply of these badges, saying that
the popular demand for them Is increas
ing, and requesting that bountiful sup
plies be forwarded at once. A gratifying
feature about these demands Is the fact
that not a few of them have come from
Willamette Valley and Southern Oregon
Counties, where the Democrats are said
to be especially active.
Very flattering reports have been re
ceived from Marion. Coos, Curry, Tilla
mook: and Yamhill Counties, where the en
tire Republican ticket will be loyally
supported. Douglas was the first county
to boom the campaign gunp and turn
loose the floodgates of campaign oratory
An enthusiastic Republican meeting wa
held at Glendale Saturday night, and one
at Canyon'llle last night. T. J. Cleeton,
of this city, spoke at the latter place.
In a number of other counties, campaign
programmes are being mapped out, and in
Lane County the joint canvass for the
county campaign has been arranged.
Dr. W. Tyler Smith, Joint hold-over
Senator from the Counties of Yamhill,
Lincoln and Tillamook, passed through
the city yesterday, on his return from an
extended trip through Eastern Oregon,
where he says the Republican ticket will
roll up an unprecedented majority. He
visited Baker, Union, Umatilla and Wasco
Counties, where he says the nomination
of Hon. W. J. Furnish Is especially pop
ular. Dr. Smith says that Republican
prospects were never better In Eastern
Oregon than they are today.
Will Finance a New Underground
Railway System.
LONDON, April 21. J. P. Morgan will
finance, to the extent of several millions,
a new underground railway system In
London, which rivals Charles T. Yerkes'
scheme of obtaining possession of all the
intermural transportation. Clinton E.
Dawklns, of the Morgan firm, will testify
tomorrow before the House of Lords com
mittee which is now Investigating the
whole question of the underground transit
of London, in favor of the construction
of a new system, and guaranteeing the
Morgans' financial suport. Combined with
the Morgans are the Siemens brothers and
other large British interests. The promot
ers expect they will meet with little dif
ficulty In getting permission of the House
of Lords committee for the construction
of their lines. A decision Is expected to be
reached within a week, whereupon the
Morgans will Immediately begin the work
of financing the concern and construct
ing the roads. The importance of the
scheme consists chiefly In the amalgama
tion, effected at the end of last week, un
der the Morgans' auspices, of the various
projected tubes, which, when constructed,
will extend 40 miles in a continuous line
north and to the west and southwest of
the metropolis. These lines, In turn, will
connect with 90 miles of surface roads,
the London United Electric Tramways
also being members of the new syndicate.
Not In Hands ,of Chinese Rebels.
HONG KONG, April 21. A dispatch re
ceived here from Wu Chow contradicts
the report current at Canton Saturday
that Nanking, Province of Shan SI,
had fallen Into the hands of the rebels.
Nanking is still safe, though surround
ed at a distance of 15 miles by rebel
forces. River communication with Nan
king remains open.
$500,000 Cash Appropria
tion Certain to Stand.
Senator Mitchell Informs His Col
leagrnes of the, Importance of Im
provements and the Rcuonrcex
of the Northwest.
r - tf
i The principal Oregon items In the Sen-
i ate river and harbor bill are as follows:
1 Mouth of Columbia $ 500.000 "
' Continuing contracts 1,000.000 "
' Portland to the tea 223.000 "
i Dal'es-Celllo project 611.000
i Upper Columbia and Snake... 40,250 .
, Columbia at Cascades 30.000 ,,
Willamette above Portland... 08,000 ,,
, Columbia. Vancouver to WU- ,.
, lamctte r 10.000
Coqullle. Coqullle to mouth... 30.000
Coos Bay 75.000
' Coos River 2,000 "
SluMaw 35.000 "
1 Tillamook Bay 27,000 "
" Long Tom 500 "
I it
WASHINGTON, April 21. Tho fact thac
the river and harbor bill passed today
carrying all the amendments made by
the Senate committee means that every
House provision which has been Indorsed
by the Senate will be retained, and ques
tion arises as to what Senate amendments
will be stricken out in conference. The
mouth of the Columbia Is certain to re
tain its cash appropriation of $500,000, with
contracts for $1,000,000 additional, and the
Willamette and Columbln below Portland
the full allowance in the original bill.
There Is a fear on the part of some Sen
ators that the commerce committee added
a lot to the bill for "trading" purposes.
In order to hold some things that the
conferees are anxious to have, others are
to be swept off upon the demands of tha
House conferees for concessions.
Senator Mitchell took occasion to show
the Senate the Importance of the Co
lumbia River in a brief speech today. He
congratulated and thanked the Senate
committee for Its amendment In refer
ence to the improvement at the dalles,
and expressed the hope that the conferees
would stand by it. He presented a peti
tion from 4100 citizens of Oregon. Wash
ington and Idaho favoring the amendment,
and asked that It be considered by the
conference committee. After reviewing
the history of this improvement, Senator
Mitchell said:
"It is believed by the people of tho
Northwest Pacific Coaj't familiar with
conditions there, with the character of the
proposed improvements, that Captain
Harts' estimate Is a reasonable one. Based
on that estimate, Congreas should pro
ceed without any further delay to make
this improvement.
Resources of Northwest.
"If there is any one matter in which the
people of Oregon, Washington and Idaho
are Intensely Interested It is the opening
up of the Columbia and Snake Rivers to
free navigation. The Columbia is one of
the great rivers of the world, and drains
an enormous area containing more than
245.000 square miles. The drainage basin
of the Columbia Is second to none In point
of size and commercial importance In the
United States. Tho cereals produced an
nually In the Columbia and Snake River
Valleys are In the neighborhood of 50,000,
000 bushels. This great country Is rich,
not only in cereals, but In timber. In the
(Concluded on Second Page.)
Senate passes river and harbor bill with all of
biff Items In it. Page 1.
Hot discussion on race question In connection
with military academy bill In the House.
Page 2.
Senate committee hears more testimony about
"water curs" in Philippines. Page 2.
State of Washington wins first skirmish
against railway merger. Page 1.
No decrease in death list on burned Ohio River
steamer. Page 3.
President-elect Palma arrives in Cuba, and Is
warmly received. Page 5.
Condition of Queen Wllhelmlna. Is unchanged.
Page 5.
J. P. Morgan will finance new underground
railway system In London. Page 1.
Pacific Const.
San Francisco carmen's strike unsettled.
Page 1.
Oregon Supreme Court renders four decisions.
Page 4.
Oregon City woolen mills will be closed today
on account of strike of employes. Page 4.
Oil-burning steamer Prentiss due from San
Francisco. Page .12.
Barkentlne Alta clears with big cargo of lum
ber and piles. Page 12.
Another project for navigating Upper Snake
River. Page 12.
Progress of the Morgan steamship combine la
rapid. Page 5.
Portland and Vicinity;
Republicans "name county and city campaign
committee. Page 1.
Simon men and Democrats name Fusion ticket.
Page 14.
River men protest against closing of bridges.
Page 8.
Port of Portland Board ready to close drydock
contract. Pase 10.
Northern Pacific about to establish three
through trains dally. Page 12.
Proprietor of La. Grande Creamery charged
with selling short-weight butter. Page 1L