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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (March 14, 1903)
VOL. XLIIL LT0. 13,184.
PORTLAIND, OREGON, SATURDAY, MARCH 14, 1903.
PRICE FIYE 1 CENTS.
WRITE US FOR SAMPLES AND PRICES OF
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FRONT AND MORRISON STREETS
Earopean Plan Rooms 50c to $1.50
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Fifth and Washington Streets
Vlrct-CbuM Check Restaurant
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76 First St.
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Rates European plan, EOc, 75c, 51.00, 51.50.
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PORTLAND SEED COMPANY
Now located at corner Front and Yamhill streets,
with the largest and most complete stock of
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1000 CHOICE TWO-YEAR OLD ROSE BUSHES JUST IN
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Local Option Kill In New HanipKlilrc
CONCORD. X. H., March 13. In the
House of Representatives today the com-
uiuii-v uu iiijuui inns iciwrica a. uiu lor
the regulation of the traffic In Intoxicating j
liquors. The state has been under the l
prohibition law for -i0 years. The new t
measures proviac tor nconse, witn local
Two Deaths. Frost Plague.
MAZATLAN, Mex., March 13. There
were two deaths from plague today, both
occurring at the lazaretto, where there
ore still three grave cases. There are
now 544 persons Isolated.
Dona Angela Exnartero Dead.
NEW YORK. March 13. Dona Angela
Espartero Is dead in a hospital here, says
the Herald's Lima. Peru, correspondent.
She was a daughter of the celebrated
Spanish General Baldomerp Espartero,
Duke of YIttorla. who. In isaa. nit-ruwi v
treaty of Vergara with the Carl Is Ls. He
was a regent oi spam auring the minority
oi xsaoci ii, granamoiner of King Al
Italian Rcnablican Leader Dead.
NAPLES. March 12. Signor Bovio. lead
er of the Republican party 'In the cbam
ber, died today.
i is m
Gets Injunction Against
FURTHER HEARING APRIL I
Strife to Prevent Voting Cer
tain Southern Pacific Stock.
MISMANAGEMENT IS ALLEGED
Union Pacific Control of the Southern
System Ik Said, to Operate Against
Interests of StocUhoIdcm of' Lat
ter Keene. "Wants Dividends.
Tl?e announcement that the President
contemplated calling aa .extra session o
the Fifty-eighth Congress mado Repub
lican Senators shudder.
They fear that Democrats -would re
vive the Hoar anti-trust and other bills
and force an Usue on them.
They protest to the President that
Cuba can wait a little longer, and that
the extra, session will prevent Senators
and Representatives from attending the
CINCINNATI, O., March 13. In the con
test between the Keene and the Harrlman
Interests in the Union, the Central and
the Southern Pacific Railroads, the former
today secured from the Federal Court a
temporary restraining order, and notice
was served on tho Harrlman representa
tive that at Nashville, on April 1, there
would be a hearing of causa why an In
junction should not be issued as prayed
for. As tho date for tho annual meeting
of the stockholders of the Southern Pacific
In April 8, It was desired to have tho pe
tition heard before the next election of
The Southern Paciflc Company has a
Kentucky charter, although It owns no
property. In that state. , Its. legal head-.
quarters are ntBeecbmorit"Ky.,arsubi'
urb of Louisville; where Its legal repre
sentative resides, and for this reason the
bill of complaint was filed in Louisville
yesterday, but the attorneys found no
Federal Judge there and came here, where
Judge Horace H. Lurton, of the United
States Circuit Court, heard the argument
in chambers. The attorneys on both sides
held conferences here this afternoon be
fore they left for their homes to meet
again at Nashville two weeks from next
United States Senator Foraker and Judge
Harmon, of counsel for the applicants.
were in conference after the other at
torneys left. Mr. Harmon, as Attorney-
CJeneral, during the second Cleveland Ad
ministration, had much to do with the
Paciflc Railway case for the Government.
The bill filed by attorneys for the "com
plainants, Talbot Taylor and James B.
Taylor, forming the "Wall Street firm of
Talbot Taylor & Co., and one of whom ls
a eon-ln-law of James R. Keene. relates
the history of the Southern Pacific and
discloses an alleged condition of affairs
in which the Union Pacific- lnterests in
the Southern Pacific's directorate V.ave
systematically managed the latter com
pany in the interest of the former. During
the years 1900 and 1901 the Union Pacific
Company acquired a holding of Southern
Pacific shares, amounting to $75,000,000 or
750.000 shares. These were used, it is al
leged, to elect a directory, each member of
which was, and is, interested in the Union
Paciflc as against the Southern Paciflc
The new directory, it ls charged, united
all departments of the two roads where
evcr possible, "subject to a dominating
and controlling 'infiuenco In favor of the
Union Pacific" whereby "the Interests of
the Southern Paciflc are endangered, and
prejudiced by discrimination in favor of
the Union Pacific," adopting policies also
"that tended and do tend to direct traffic
from the Southern Paciflc Company
which would, without the adoption of such
policies, have come to that road."
Hnrt Southern Pacific Business.
Among other things it is charced in the
bill that the Southern Pacific Company
was required, to charge so excessive a pro
rata on through tariffs that it was virtual
ly excluded from large volumes of busi
ness. It is declared that large better
ment expenses have been charged a&ainst
the Southern Paciflc operating expenses,
whereas the custom ls to fund such ex
penses in bonds to distribute the cost over
a series of years, thus avoiding a burden
on the part of the stockholders.
TKe bill declares also that the operating
expense accounts of the road either show
a true state of excessive expenses, or an
erroneous system of bookkeeping, and
that immense improvements have been
undertaken for the Central Pacific which
affords the Union Paciflc an outlet from
Ogden, Utah, in California and erroneous
ly charged against the Southern PaciC?
operating expense account, with the ulti
mate purpose of greatly Improving tie
Central Paciflc at the expense of the
parent system, buying It and then pur
chasing the greatly impaired Southern
It Is declared that during the IS months
ending December, 1SC2. the Union Pacific
had made improvements amounting to
nearly J22.000.000 on the Central Paciflc,
charging the amount aralnst the operat
ing expense of the Southern Paciflc sys
tem, and creating a deficit of C073,92.
The bill asks for an order restraining
and enjoining the Union Pacific Company
from voting its U.000 shares in the an
nual election to be held April 8. and a
decreet requiring both companies to come
into court to make answer to the par
ticulars of the complaint.
Keene' Larjre Interest.
The Keene faction ls said to hold about
J30.000.000 vjorth of Southern Paciflc stock,
having bought it through a pool some- time
in the hope of an early dividend. The
Union Paciflc people who are in the South
ern Pacific board of directors, it is said,
oppose a dividend at this time, figuring
that tho money would be more wisely ex
pended in the shape of improvements and
betterments. The Keene following has
resorted to the courts in an effort to pre
vent the Union Pacific from voting the
J73.000.000 worth of stock, which it holds
In the Southern Pacific, against a divi
dend from the latter company. V
The Keene people figure that they will
be able to create such changes in the
directorate of the road at the annual
meetings as will be favorable to tha dec
laration of a dividend, instead, as they
allege, of having the earnings of the
Southern Pacific diverted to betterments
on the Central and Union Paciflc Rail
ways in the Interest of other Harrlman
Jndge Lnrton's Order.
Following is the order made by Judge
Judge Horace H. Lurton, of tho United
States Court, this afternoon issued the
following restraining order In the suits
pending between the Harrlman and Keene
interests relative to the Union. Central
and Southern Paciflc holdings:
'I express no opinion upon the merits
of the prima facie case made by this bill
and its exhibits further than to say it
seems to me that the complainants are
entitled to have the status preserved until
they can give notice and be heard upon an
application for a preliminary Injunction.
"It is therefore ordered that the de
fendant show cause on April 1, 1903. be
fore me In my chambers at Nashville,
Tenn., at 10 A. M. of said day, why an
injunction pendente lite shall not be is
sued as prayed for, and in the. meantime
let the defendant, the Southern Paciflc
Railroad Company, be restrained from In
any manner transferring or disposing of
the lease of the Central Pacific road here
tofore made to the Southern Pacific Com
pany, or of any of the rlebts of the said
Southern Paciflc Company or any of the
rights of the said Southern Pacific Com
pany thereunder and from disposing of or
transferring by sale or otherwise the
s Ha res of the company stock of the said
Central - Pacific Company, owned or held
by the Southern Pacific Company, and that
the said Southern Pacific Company, Its
officers, agents and attorneys be re
strained from permitting the defendant,
the Union Pacific Railroad Company, its
officers, directors, agents or attorneys or
proxy to vote upon any capital stock of
said Southern Pacific Railroad standing
in the name of the Union Pacific Railroad
Company or in the name 6r names of any
person or corporation for its use and ben
efit, or In the name of said Mercantile
Trust- Company, its officers, directors,
agents or proxy or to in any way partici
pate as a stockholder in any meeting of
the stockholders of the said Southern Pa
elite Railroad or any election of officers
of said Southern Paciflc Company, and
that the said Southern Pacific Company,
its directors, officers, agents, etc, be re
strained from In any way altering, chang
ing, or amending the by-laws of the said
company so as to change the time or
place for the election of a new board of
directors or from in any way changing
existing "regulations in respect of the an
nual stockholders' meeting or the election
of directors, and. that this restraining or
der stand until the rule to show cause
shall be heard and alsxyflfrd of.
"Let a copy of the b ITT and Its exhibits
and of this order be served UDon the de
fendants on or before March 17, 1503, at 13
Senator J. B. Fpraker, Bdwarft B. Lau
terbach, of New York, and Augustus Wll
sqn, of Louisville, represented the appli
cants, and Harmon, Colston. Goldstein &
Hoadley appeared for the Harrlman Interests.
Will Be Chosen as Suc
cessor to Meldrum.
RECOMMENDED BY FULTON
Oregon Delegation Agrees
proprietor,1 has always been noted for Its
firm- stand for the gold standard policy of
the Republican party. In 1S94 hq was
elected to the lower branch of the State
Legislature, and during the following ses
sion he was successful in having passed
the state lieu land law, which saved tor
the state $300,000 In 1S9S he was elected
to the Senate, and during the special ses
sion of 1S38 was successful In having the
legal rite of interest reduced to G per
cent, and in the regular session of 1S99 he
was also successful In passing the Daly
text-book law, which he considers one of
his greatest achievements.
He was re-elected to the Senate in 1902
and has two years of his term yet to
HE MAY BE APPOINTED TODAY
His Confirmation "Will Be Followed
by Dismissal of 31cldrannand
Appointment of Hew
John D. Daly, of Benton County, baa
been unanimously recommended by the
Oregon delegation for Surveyor-General
of Oregon. -His appointment will prob
ably so to the President today.
The 5I?mIf sal of Henry Meldrum will
quickly follow, and then & new Chief
Clerk will be appointed.
A. S. Dresser, of Oregon City. Is
unanimously recommended for Register
of the Oregon City Land Office.
"Where "Was Wrljeht llornf
LONDON. March 13. According to -the
St. James Gazette, Whittaker "Wright, the
company promoter - for whose arrest a
warrant has been Issued, is a born Ameri
can, but is believed to be a naturalized
Ilines Seized at Hons Kong:.
HONG KONG, March 13. Five thousand
rifles, ready for conveyance into the inte
rior, were seized here today.
CONTEXTS OF TODAY'S PAPER.
Senator Morgan continues attack on Panama
Canal treaty. Page 7.
Talk of extra session causes consternation
In Senate. Face 1.
John D. Daly chosen for Surveyor-General of
Oregon. Page 1.
Plans of National Irrigation In five states
adopted. Page 2.
Census Bureau publishes facts about distribu
tion of population. Page 7.
George Uhler appointed chief of steamboat in
spectors. -Page 3.
Kansas City truckmen advance new theory of
Interstate commerce. Page 2.
Colorado strikers appeal to court to have
troops recalled. Page 2.
Mississippi flood still rising and doing great
damage. Page 3.
Burdlck leaves his wife nothing In his will.
Keene sets temporary order restraining Har
rlman Interests from voting Southern Pa
cific stock at annual meeting April S; there
will be a further hearing April 1. " Page 1.
Antl-imperialSts will hold meeting to denounce
Senate. Page 3.
Castro bluffed by Britain Into raising Orinoco
blockade. Page 3.
Bonilla winning victories in Honduras; Amer
ican squadron ordered to scene. Page 2.
Debates on religion In British and French
Parliaments. Page 2.
Chinese .government troops beaten; army being
enlarged. Page 3.
Big leagues will farm out baseball players
to Paciflc Northwest League. Page 6.
Muaroe wins handicap wrestling match with
Jenkinr. Page G.
Dates tor tennis tournaments on Coast. Page C
An extra, session of the Washington Legisla
ture may be called to amend school law.
Smith, of McMlnnvlllc. wins oratorical con
test at Eugene. Page 5.
Earthquake shocks are felt in Seattle and
Puget Sound cities. Page 4.
Warehouseman Humphrey Is pardoned by Gov
ernor Chamberlain. I'c-e 4.
Commercial and Marine.
Very favorable weekly trade reviews. Page 15.
Wheat at Chicago tasy on realizing. Page 15.
New York stocks close wltn upward tendency..
Bain checks fruit sales at San Francisco.
Steamer Telephone bought by Arrow Naviga
tion Company. Page 14.
Steamer Arrow's new machinery. Page 14.
Regulator boats being converted Into oil-burners.
Portland and Vicinity.'
Lewis and Clark Fair Directors make great
progress. Page 10. .
Dr. J. E. Collinge, apostle of psychic vibra
tions, arrested. -Pace lfi.-
Council street co remittee agrees to give North
rup street to Hlllsboro line.- Page .11.
How Portland commands the meat-packing sit
uation in the. Paciflc Northwests Page 16.
Exciting class election at Oregon Medical Col
leg?. Page 14.
6hlpplng men "" favor Spencer - dry dock site.
OREGONIAN NEWS BUREAU, "Wash
ington, March 13. State Senator John D.
Daly, of Corvallls, Is Blated to succeed
Henry Meldrum as Surveyor-General of
Oregon. Ho was today unanimously re
commended by the Oregon delegation for
the appointment, and In all probability his
nomination -will be eent to the Senate to
morrow "by the President. The delega
tions recommendation will be first re
ferred to Land Commissioner Richards,
but as Daly has been highly commended
to both officials as an efficient surveyor
and, man of good sound Judgment, and
administrative ability, and as they are
both extremely anxious to have. Meldrum
relieved, there is no doubt that Daly's
recommendation will be properly Indorsed'
and. returned to . the White Won .Tn.
i'view of the pressure from the department
it is aiso expected that prompt confirma
tion will follow the nomination.
Daly ls the personal choice of Senator
Fulton and was accepted by Senator Mit
chell only after, a series of conferences.
Several of tho men whom Mitchell wanted
to indorse for the office proved to be In
experienced as surveyors. Commissioner
Richards indicated to the delegation that
a man for Surveyor-General should be
an accomplished surveyor, and his views
were approved by Secretary Hitchcock,
who holds the Commissioner personally
responsible for his entire force.
As soon as Daly has been confirmed
Meldrum will be dismissed from the
service, as has been predicted in these
dispatches on numerous occasions. His
service has been unsatisfactory In the
extreme, and investigation made of his
office by Inspector Green furnished the
final basis for the Secretary's decision
to demand his removal. , Not oniy was he
reported to have been frequently under
the Influence of liquor, but he neglected
the office and allowed Important affairs
to lapse and rendered Inefficient service
generally. Upon the advent of the new
Surveyor-General, a chief clerk will be
selected for the office to succeed Waggoner,
removed. This office ls In the classified
service and the choice will be made from
the certified list. '
John D. Daly is a native of New York,
born In 1S37, and raised In New Jersey.
He came to California in 1864 -and engaged
in business in Stockton, in which he con
tinued several years. In 1S78 he came to
Oregon, settling at Yaqulna Eoy, and was
the editor and proprietor of the Yaqulna
Bay News. A few years later he removed
to Corvallls and started the Oregon Union.
This at present is the only Republican
paper In Corvallls, and It, as well as its
XORTHWEST IX CAPITAL.
Baker City Building Site Contract
for Portland Postofllce.
OREGONIAN NEWS BUREAU, Wash
ington. March 13. Representative Moody
today consulted with the supervising ar
chitect regarding the purchase of a pub
lic building site at Baker City under the
recent appropriation. He told Mr. Taylor
that an entire city block should be ac
quired, as Baker City is destined to be
the greatest mining city of the North
west and the metropolis of Eastern Ore
gon. He says the department should look
to the future in preparing plans, and
make provision for an ample postoffice.
and as the state will certainly soon be
divided into two Judicial districts, and
as an assay office may later be estab
lished in that mining center, a building
should be erected of sufficient size to ac
commodate these respective offices.
Mr. Moody was also advised that to
morrow the Secretary of the Treasury will
sign the contract with Hartman, Thomp
son Powers for the temporary post
office In Portland. His signature has been
writhheia until all details as to moving,
refitting, etc., could be satisfactorily ad
Justed. The bidders Include all this work
in their contract price. $1800 a month. Mr.
Moody will remain in Washington several
days longer awaiting the consummation
of matters in the department which he is
Senator Fulton today called on Adju.
tant-General Corbln a"nd asked that Lleu
tenantTColonel James Jackson, retired, of
Portland, be assigned as Inspector of the
Oregon National Guard. This assignment
Is recommended by the entire delega
tion. S. M. Bruce, of Whatcom, Wash., had
Interviews" today with Interior Depart
ment officials to protest against the en
largement of the Washington forest re
serve along lines of recent temporary
withdrawals. He was assured that the
department intended to give due consid
eration to the wishes of the people and
would exclude from actual additions all
lands that are now settled upon and Im
proved. Nothing will be done, however,
until the lands have been examined by
DRESSER IS THE CHOICE.
Recommended for .Register of Ore
i X , .-koK.vCKy ImjWQc -ir
OREGONIAN NEWS BUREAU. Wash
ington, - March 13. The Oregon delegation
today unitedly recommended to the Pres
ident the appointment of A. "S. Dresser,
of Oregon City, as Register of the Ore
gon City Land Office to succeed Charles
B. Moores, who was appointed September
21, 1697. Dresser was Senator Mitchell's
CASE FOR FEDERAL LAW
Coal Conspirators Violated Inter
state Commerce, Xot Illinois, Lnvr.
CHICAGO, March 13.-Judge Chetlaln to
day Instructed- the Jury In the trial of the
Indiana coal operators to bring in a ver
dict of "not guilty." The Jury was then
discharged. The court held that if there
was any violation of the law by operators
It was a violation of the interstate law,
and not of the statutes of Illinois. Such
being the case, the Federal jury must try
The decision came as a result of At
torney HammlU's motion to take the case
from the Jury and discharge the defend
ants or to Instruct the Jury to return a
verdict of not guilty. Judge Chetlaln de
elded that the- affairs of the Bogle-Indiana
crowd were properly classified under in
terstate commerce, and that the act of
1S91 covering the anti-trust law and the
conspiracy statute of Illinois, so far as it
covers an illegal act injurious to public
trade, has no application to interstate
commerce: that the agreement or con
tract entered Into by the defendants
tended to create a monopoly and. restrict
trade, and that, " while the defendants
were amenable to the law, they could only
be prosecuted under the Federal law.
Relief of Starvlnjr Swedes.
STOCKHOLM, March 13. The famine
relief committee has received total sub
scriptions amounting to 5238,000, of which
tS5,0CO. was sent from America.
NEW SURVEYOR-GENERAL OF OREGON
Felt by Senators at Ex
tra Session Talk.
GHOSTS OF DEAD BILLS
Would Rise Again and Plague
the Leaders, ;
THEY PROTEST TO PRESIDENT
Democrats Would Resurrect Hoar.
Anti-Trust Bill and Make Thlnga
Unpleasant Short' Selon la
Their Great Desire.
OREGONLVN NEWS BUREAU, Wash
ington, March 13. The suggestion that
there Is to be an extra session of Con
gress always throws Republican Senators
Into mor or less consternation, and an
intimation that such a session might be.
called In October has not been received
well by them. They do not believe that
such a session is at all likely and it is
understood that many of them will very
strongly urge the President not to take
such a step, and point out many reasons
why It would not be well to have such a
The party leaders think that there will
be a ' great deal of legislation offered
which may be more or less embarrassing.
In fact. It is known that as soon as Con
gress meets, whether In extra session or
in December, the Hoar anti-trust bill will
be Introduced by some Democrat and
after a very short time, if it Is not re
ported, an effort will be made to have
the committee discharged and the bill
brought before the Senate. Of course, the
Republicans can vote down such -a meas
ure, but it will be proposed again and
again and the Democrats will claim that
the Republicans are refusing to live up to
their anti-trust professions. Then there
is an eight-hour bill which caused a great
deal of trouble In the last Congress and
which would have passed had there been
time as the labor interests had made It
very difficult 'for Republicans to oppose
It has been pointed out that the services
of Republican Senators and Represents
tives will be needed this Fall in the states
where there are important campaigns. Of
these Maryland, Ohio and Iowa are con
sidered of great moment, especially as
the Legislature to be -chosen In Maryland
will elect the successor to McComas, a
Republican. It is generally conceded that
Hanna will carry the Ohio Legislature,
but the Republicans do not want any fall
ing off in the vote In that state.
Of course this Is one of the excuses
made and it only goes to show that it ls
the present policy of the Republican party
to make the next Congress as short aa
possible, and to pass the appropriation
bills and get away. If there Is apparent
need, for It, no doubt the Aldrich financial
bill or something similar will be passed
when the next Congress meets.
What the Republicans say Is that there
Is no great necessity for the Cuban treaty
being put in operation, and although it
has been determined that Cuban products
cannot be shipped here In bond, awaiting
the final operation of the treaty, it Is
believed that the prospects of the rec
iprocity will stimulate industries in that
STATE SENATOR JOH5. D. DALY, -OF, BEXTOX COIJXTY.
AXOTHER VERSIOX OF IT.
President Onl Considering Question,
of Extra Session.
WASHINGTON. March 13. It can be
stated by authority that President Roose
velt has not definitely made up his mind
to call an extraordinary session of the
Fifty-eighth Congress. He, however, Is
considering the practicability of doing so.
When he was Informed that it was the
Intention of the Senate to so amend tha
Cuban reciprocity treaty as to render "ac
tion upon It by the House of Represen
tatives necessary to make it effective, he
informed some members of the Senate
that he would hold himself free to call
an extraordinary session of the Congress
In order to secure action on It. No defi
nite time was mentioned by the Presi
dent for the meeting of the extraordinary
The President Is much in earnest in his
desire to have the Cuban treaty ratified
and make It effective. It can be said
that so strong Is this desire he even has
considered the advisability of calling tho
Congress Into extraordinary session this
Spring, if the Senate should permit the
Cuban treaty to fall through lack of a
quorum. That, however. Is a contingency
which he considers Improbable. The be
lief of the President and his advisers
is that the Senate will take definite action
on both the Panama Canal and Cuban
reciprocity treaties at the present ex
traordinary session. Assurances to that
effect have been received from the lead
ers of the Senate.
The President believes also, It can be
said, that the work of the Senate will
have been accomplished by the last of
next week. Further than that the Presi
dent "holds himself free" to call an ex
traordinary session .of the Fifty-eighth
Congress, nothing has been determined.
Senators who talked with the President
today believe it to be unlikely that an ex
traordinary session will be called next
Autumn. They say many reasons might
be cited why such a session should not
be held, the principal one being that some
Important state elections are to be held
In November, and members of Congress
will be busy with political affairs In their
own state?. They point out that on the
eve of a Presidential campaign it Is high
ly important that every effort be made,
especially in doubtful states, to maintain
the strength of party organization. In
such circumstances, it Is said, it would
be possible only with difficulty to main
tain a quorum at each branch of the extra
session. If the session were not called
until November they say It would he so
close to the regular session as to render
it practically unnecessary.