VOL. XLIV. 2ZO. 13,756. . PORTLAND, OBEGON, TUESDAY, JANUARY 10, 1905. ; PRICE FIVE CENTS.
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LACKS ONE VOTE
Kuykendaii's Fingers
Graze Chief Chair.
FIFTY-FIVE BALLOTS TAKEN
Carter Next in Race for Pres
ident of Oregon Senate.
DEMOCRATS STANDING PAT
Should the Five Members of the Other
Party Vote for Independent
From Multnomah, He Will
Be Tied With Lane Man.
SALEM. Or., Jan. 9. (Staff Correspond
ence) The Oregon House of Representa
tives is organized and ready for business.
The Senate is not, nor may it be tomor
row. Mills of Multnomah -was nominated
for speaker In the Republican caucus hy
majority of two votes over Kay of Mar
lon, the ballot standing 28 to 24.
The Senate all day has been a battle
ground tor a war which has no parallel
In Oregon politics. Kuykendall has lack
ed one vote, through 55 ballots, of being
elected. He had 15 votes with him all
day, or one short of a majority. His ten
Republican opponents and the five Dem
ocrats of the Senate stood together to
prevent his election, though they did not
vote together.
Tomorrow, however, they may -unite,
thus ticlng Kuykendall. Reports are
current tonight that they may combine
on Nottingham of Multnomah. Tonight
the hostile forces are bivouacked appar
ently on more irreconcilable ground than
when they began the light this morning.
The Carter men declare they will vote
for any other Republican than Kuyken
dall and the Kuykendall 15 respond that
as they arc a majority of the Republican
Senators, the minority should go Into
caucus. The Carter ten have asked the
Democratic Ave to name any Republican
other than Kuykendall for Presldentxurd
are understood to have promised to ac
cept that chosen one as their own candl;
date
Brownell May Enter Race.
Considerable talk Is heard tonight of j
Browncll's entering the race Jf he can se
cure the Carter support. Had any Dem
ocrat or any Carter man been absent
today Inopportunely Kuykendall would
have been elected because he would have
had a majority of the Senators present.
The danger that this will present tomor
row makes the Carter men anxious to
night. "We'll keep on fighting until hell
freezes over, and then fight on the Ice,"
declared each camp tonight, using the
very same expression.
The ten Carter supporters remained out
of the Senate until a quorum was secured
without them, and then came in just in
tho nick of time to prevent the lane
man's election. They refused to go into
a caucus, thus throwing the election to
the body of the Senate. The five Demo
crats cast their ballots for some of their
own number, and have taken no part In
the Republican contest.
That the Kuykendall programme was
not working smoothly was apparent early
in the day, when it was noticed that not
a Democrat nor a Carter Republican ap
leared In the Senate chamber. That the
deadlock Is not likely to be broken In fa
vor of either Kuykendall or Carter was
apparent late this evening, when the cau
cuses adjourned and the leaders an
nounced that a stand-pat policy had been
adopted.
Hope to Wear Out Opponents.
The Kuykendall leaders aid tonight
that they see no gains In view for tomor
tow morning, but they hope to wear their
adversaries out before night Pressure
from tho outside will "be brought to bear
upon some of the Carter supporters for
tho purpose of forcing them to yield to
the Republican majority. The Carter
men. though asserting unchanging alle
giance to their candidate as against Kuy
kcndall. are evidently expecting that a
break will be made in the Kuykendall
forces, and that some Senator satisfac
tory to themselves will be chosen presi
dent. Dlsllko for Kuykendall and the Rcpub
llcan state "machine" are the principal
reasons given by Carter men for standing
out against the choice of the majority of
tho Republicans. Their fight is against
Kuykendall. rather than in favor of Car
ter. Kuykendall had the presidency almost
within his grasp this afternoon, and but
a moment's delay on the part of the Car
ter men would have been victory for Kuykendall-
At the time of convening this
afternoon there wore 20 Senators present,
or Just enough to transact business.
Seven Carter men who are now members
of the Senate had not been sworn In, and
none of Carter's ten -was present. The
roll was being called on election of a
president and eight names had been called
when the Carter men came pouring In
with a demand to be heard.
Kuykendall leaders say that it was
their right to have the roll call pro
ceed, and that olher business was out
of order while that was pending.
Kuykendall, however, choso to waive
his rights In this respect and the roll
call was abandoned, while the Car
ter men were sworn in.
While Senator Wright Talked.
At another time Senator Wright -was
talking with Senator Malarkey when
his name was called and did not re
spond. There were 20 votes, of which
number Kuykendall had 14, his own
vote being blank. In an Instant Kuy
kendall was pn bin feet and changed
his vote in his own favor. Temporary
President Brownell reached for the
tally sheet to announce the result,
when Wright's attention was called
to the lapse and he got himself on
record as voting: for Carter.
Three Democrats, Avery.VPjarce -and
Smith, showed some indications this
afternoon of a willingness to xet Into.
the fight hy helping Carter, ibut the
other two, Miller and Coshow. would
not listen to this suggestion and the
five stood together, voting for some
of their own number. Late In the af
ternoon and again at the evening ses
sion the Kuykendall leaders tried to
persuade one Democrat to absent him
self, thus leaving only 29 present. ,by
which means Kuykendall's -IS votes
would elect him, but the Democrats
turned a. deaf ear to all entreaties.
Democrats May Vote for Nottingham.
According to quite common talk to
night, there is some prospect of the
five Democrats voting for a Republican
tomorrow. The Democratic Senators
agree that it would not be reprehensi
ble disloyalty to their party if they
should vote for Nottingham, "who -was
elected on an Independent ticket In
opposition to a Republican. This strat
egy is encouraged by some prominent
Democratic leaders, because the Re
publican organization in Multnomah
County refused to nominate NotUng-
ham for Senator, fought his election
and is now bitterly opposed to him. It
is therefore asserted that five pemo-
cratic votes -will .go to Nottingham to-J
morrow.
Following upon this comes a rumor
that the ten Carter men will vote for
Nottingham tomorrow, thus giving the
Multnomah Senator 15 votes, or as
many as Kuykendall. This plan. If car
ried out, might not result in the elec
tion of Nottingham, but might lead to
a realignment of forces which -would
bring about the election of some one
besides Kuykendall to the Presidency.
When the Senate was called to order in
the forenoon there were present fifteen
Senatorsj Booth, Brownell, Coe. Coke,
Crolsan, Hobson, Hodson, Holman, Kuy
kendall, Lounghary. Malarkey, Mays,
Rand, SIchel and Tuttle. For the pur
pose of passing upon credentials this
number was sufficient At the opening of
the afternoon session the five Democratic
Senators. Avery. Coshow, Miller, Pierce,
and Smith were present This made a
quorum for the transaction of business.
When the oath of office was administer
ed the new senators present were Co
show, Booth, Coke, Avery, Loughary,
Hodson, Malarkey, Mays, -SIchel and
Coe. '
Carter Men Scurrying in.
The Senators who were staying out
learned that a quorum had been secured
and that Kuykendall would soon be elect
ed, came hastily into the Senate. Senator
Whealdon was the first one to get on the
floor and Immediately attempted to nom
inate Senator Carter for President The
ballot was then proceeding and Senator
Smith Dem.) Interrupted to Inquire
whether the new Senators present should
not be sworn In. On motion of Senator
Kuykendall Chief Justice Wolverton was
again sent for and the oath was admlnls-
lstered to Senators Laycock, Wright,
Haines. Nottingham, Whealdon, Bower
man and McDonald.
All members of the Senate were now
present and on motion of Senator Rand
the Senate adjourned to go Into caucus,
Only the 15 Kuykendall men went into
tho caucus and n about 20 minutes re
turned to the Senate.
Senator Rand, In behalf, of the Repub
lican caucus," placed In non.. .uoh for
President Senator Kuykendall. Senator
Howe, "in behalf of the Republican party
of Oregon." nominated Senator Carter.
Senator Pierce (Dem.) "in behalf of that
sturdy race than once was, the Demo
cratio party," nominated Senator Miller.
The ballot resulted as follows:
Kuykendall Booth. Brownell, Coe,
Coke. Crolsan, Hobson, Hodson. Holman,
Loughary, Malarkey, Mays, Rand, SIchel
and Tuttle 14.
Carter Bowerman. Farrar, Haines.
Howe, Laycock, McDonald, Nottingham,
Whealdon and Wright 9.
Miller Avery. Coshow. Pierce and
Smlth-4.
Blank Carter and Kuykendall 2.
Pierce Miller L
After several ballots Kuykendall
changed his vote to Booth, but otherwise
the vote remained unchanged.
Adjourn Until Today.
The vote remained practically the
same for 39 ballots, when, at 4:
o'clock the Senate adjourned until 7:30,
In the evening 16 ballots were taken
-with no change except as the Demo
crats shifted their votes from one to
another. Adjournment was taken until
10 'oclock tomorrow morning.
The deadlock now existing in th
Senate is unparalleled in Oregon his
tory. The hold-up of 1E97, when the
House did not organize was due to a
refusal of more than one-third
qualify and take their scats so that a
quorum could not be secured. In th
present contest every member Is in at
tendance and nothing is Involved cx
cept the Presidency of the Senate. S.
BROWNELL WIELDS GAVEL.
Clackamas Man Is Made Temporary
Presiding Officer.
SALK3K Or.. Jan. 9. (Special.)
The Senate was called to order at 10:45
by Senator Brownell, of Clackamas,
who was President of the Senate at
the session of 1903.
On motion of Senator Rand, Brownell
was elected temporary President, and
a committee on credentials was ap
pointed consisting of Senators Rand,
Coe and Holman. Tne senate men aa
Journod until 2 P. M.
At tho afternoon session the Senate
was called to order at the appointed
time, when Chairman Rand, of the
credentials committee, reported the list
of Senators elected since the last ses
sion. On motion Chief Justice Wolver
ton was invited to administer the oath
of office to the new Senators. The fol
lowing appeared in answer to their
names, and were sworn in: Coshow,
Booth. Coke. Avery. Loughary. lioason
Malarkey. Mays. SIchel and Coe.
S. L. Moorhead was elected temporary
chief clerk and Frank Motter temporary
reading clerk.
Senator Rand moved that the Senate
proceed to elect a President and the
motion prevailed.
Senator Rand nominated Senator
Concluded pa Face. Three..
ON GRAND SCALE
Mrs. Duke Carried
Financial Deals
on
LIKE ANOTHER GHADWIGK
ChicagoCareer of Woman Who
Married Tobacco King.
WORTHLESS - NOTES APPEAR
Partner Says She Has Made a Million,
but Her Furniture Is Seized for
Debt and Hosts of Cred
itors Come to Surface.
CHICAGO, Jan. S.MSpecIaL) Just how
far the financial operations of Alice I.
Webb, whose .newly married husband.
Brodle L. Duke, son of Washington Duke,
the tobacco magnate, has been placed in
private Insane asylum on Long Island,
have gone. Is still an open question. It
remains to be seen whether developments
will disclose a second Chadwlck case or
whether, as vehemently claimed by the
Oman's partner. Charles F. Taylor, the
Texas-Cuba Tobacco Company and the
Naccodoches Tobacco Company have
been conducted on a sound basis, and.
although involved, will continue to a suc
cessful conclusion. Already It is alleged
by attorneys whose clients have had deal
Insrs with the woman that fraudulent
paper has come to the surface, and In
connection with the matter It Is admit
ted by Mr. Taylor, of Taylor, Webb &
Co., that Mrs. Duke has made fully
11.000.000 in Investments since he has
known her.
No one can tell whether It Is a case
of millions or thousands," said one of the
men prominently connected with delving
into affairs today.
Discoveries Up to Date.
Discoveries and developments in the
case today follow:
Two notes, each for $5000, discounted by
the German National Bank, of Little
Rock, Ark., and declared to be worthless
and containing the signatures of Alice L,
Webb and Charles F. Taylor, are in the
hands of Attorney Samuel Packard. for
collection.
All the furniture in Alice 'Webb's home
at 417 Forty-second street, which disap
peared, was seized by Detective Charles
Haas, who holds a bill of sale. All
the furniture in the office of the firm in
room 514, 205 La Salle street, is held by
him on a bill of sale.
Grocers, butchers, real estate firms,
domestics, liveries and others hold
claims against the woman.
Word comes from New York that coun
scl for Brodle L. Duke announces that
suit will be brought to have Mrs. Duke's
marriage annulled.
Mrs. Duke sues out writ of habeas cor
pus for release of her husband from the
Sanford Hall Sanitarium, where he is
now confined.
Those associated with Miss Webb in
Chicago profess to know nothing beyond
that she met Mr. Duke In New York
during the Morse-Scully litigation, which
Involved 731 acres of land at Nacgodoches,
Texas, which Taylor and Miss Webb had
purchased from S. F. B. Morse, alleged
silent partner of Daniel J. Scully, the
cotton king, who failed.
References Repudiate Her.
Perhaps one of the most serious devel
opments revealed today In regard to the
operations of Miss Webb was the re
pudlatlon by two Chicago business men of
the use of their names as references.
These men are C. B. Shaw, former presl
dent of the American Trust & Savings
Bank, and J. H. Francis, who conducts
the National Banker. Mr. Shaw said
Miss Webb came to me 10 or 12 years
ago .with a letter of introduction. She
has. tried at different times to interest
me in various scheme, none of which
entered Into. One -was a coal scheme In
Colorado and another a timber proposl
tion in Oregon, and another a mining
deal In California. I never gave her
permission to use my name as reference.
Charles F. Taylor, who was In his
office in the Continental Bank Building,
said:
"I can safely say that Mrs. Duke has
made fully Jl.000.000 In investments since
I have known her."
"I have been after Alice L. Webb since
last July to get service on two notes and
did not succeed until she bobbed upt In
New York and became the bride of
Brodle L. Duke," said Mr. Packard.
then sent the notes and papers on to
New York and she was served there.
am Inclined to believe they are abso
lutely worthless."
PROBING FOR THE FACTS.
Jerome Investigates Duke?s Com
mittal Move to Annul Marriage.
NEW -YORK. Jan. 9. The commitment
of Brodle L. Duke, half brother of J. B,
and B. N. Duke, the tobacco capitalist:
in a sanatarium for examination as to
his sanity, and the sensational develop
ments growing out of the case were in
vestigated today by District Attorney
Jerome. The affidavit on which the com
mitment was issued was made public to
day by Justice Wyatt who was the is
suing Justice. It bears the name of
Victor G. Miltch. of this city, but docs
not give his occupation.
Assistant District Attorney Lord said
that he understood that the management
of the Park Avenue Hotel, where Mr.
and Mrs. Duke had been stopping, had
made the first complaint which resulted
In Duke's removal to Bellevue Hospital.
The $40,000 worth of securities found on
Duke- were still in the office of the Dis-
trict Attprney. 34r. Lord saM. and were
being examined. Mrs. Alice. DcsPlanes.
friend and companion of Mrs. Duke, was
in the District Attorney's office today
under subpena. but did not go berore the
grand jury. She made an affidavit and
will return to give further testimony on
January 12.
Dr. Maurice A. Strom told Assistant
District Attorney Lord today that Mrs.
Duke was suffering from nervous pros
tration and could not come to the Dis
trict Attorney's office for two or three
days.
Announcement was made today that
Laurence Duke, son of Brodle I. Duke.
cccntly committed to a sanitarium, on
thr order of a magistrate, bad taken
steps to secure the annullment of his
father's marriage to Miss Alice Webb.
GETS DOWN TO WORK.
North Sea Commission Elects Presi
dent and Begins Sessions.
PARIS, Jan. 9. The International Com
mission appointed to inquire into the
North Sea incident resumed its sessions,
at the Foreign Office today. Admirals
on Spaun (Austria) and Doubasoff (Rus
sia) were present The tetter's appoint
ment was officially announced, thus mak
ing permanent Admiral KazankofTs re
tirement on account of illness. Admiral
Fournler (France) was unanimously
chosen permanent president
In the course of his speech of accept
ance Admiral Fournler said he hoped the
commission would be inspired with the
some moderation and wisdom which In
duced Emperor Nicholas and King Ed
ward to refer the question to arbitration.
The -Admirals have decided that -the
proceedings of the commission shall beJ"
semi-public
WELCOME GUESTS'ATTJMA.
American Naval Officers Entertained
by Peruvian Officials.
LIMA. Peru. Jan. 3. Richard R. Nell.
the American Charge d'Affaires, today
presented R ear-Admiral Goodrich, com
mander of the Pacific squadron, and the
commanders of the cruisers Chicago and
Marblehead and the gunboat Bennington
to Foreign Minister Prado, whD conduct
ed them to the apartments of President
Pardo. The latter received the American
naval officers, cordially and chatted with
them for some time. Afterward the
Americans visited Minister of War Munlz.
Admiral Goodrich invited President
Pardo to breakfast on board the Chicago
on Sunday. The Charge d'Affaires will
give an afternoon entertainment for the
visiting American officers.
KANSAS TOWN IS BURNING,
Loss of Several Hundred Thousand
Dollars Will Befall State.
KANSAS CITY, Mo.. Jan. 10. The bus!
ness section of Olathe. Kan., 20 miles
south of Kansas City. Is burning. A spe
clal train Is about to start frcm this city
with firemen and engines In response to
an. appeal for help. Telephone and tele
graph communication was cut off soon
after the breaking out or ne nrc.
Olathe Is a thriving city, with 10.000 In
habitants. The loss, a the fire seems to
be oeyona control o tne local omciais.
may be several hundred thousand dollars.
NAN PATTERSON IS ILL.
Imprisoned Actress Has Severe At
tack of Tonsilitis.
NEW YORK. Jan. 9. Nan Patterson,
who Is awaiting a second trial on a charge
of killing Caesar Young, Is ill with ton
silitis in the Tombs prison. Her condi
tion Is regarded as serious.
CONTENTS OF TODAY'S PAPER
The Weather.
TODAT'S Fair; northerly winds.
YESTERDAY'S Maximum temperature. 53
degrees: minimum, 26 degrees. Precipita
tion, none.
Pacific CoaM.
Two Portland men lost in bills of Skamania
County. Page 6. -
Forest Grove votes In license candidates and
will have a saloon. Page .
C E. Wolverton becomes Chief Justice of
the Supreme Court of Oregon. Fage 4.
Portland and Vlclntf.
Speaker Mills favors 30-day session. Page IS.
State Senator R. A. Booth, said to be In
volved In land frauds. Page, 10.
Exhibits for Lewis and Clark Exposition
arrive. Page 11.
Harriroan lines will spend $100,000 Installing
block systems. Page 5.
J. H. Booth and J. T. Bridges, of Roieburg
Land Office suspended. Page 10.
Detectives arrest two suspected of being
trunk thieves. Page 0.
Postofflce official praises local office. Pace 0.
Multnomah Democrats celebrate Jackson's
day with a banquet Page 10.
High School Alumni at loggerheads over
semi-annual reception to graduates.
Page 10.
Daring robber seeks to make prominent
minister an accomplice to his crime.
Page 3.
Northwest Legislatures.
Oregon House elects A. U. Mills speaker and
organizes. Page 6.
Senate caucus cannot agree on a president
Page 1.
J. g. Megler takes his seat as Speaker of
the- Washington lower house. Page 7.
Commercial and Marine.
Decline In sugar list. Page 15.
Stock market opens strong, but closes weak.
Page 15.
Strong wheat market at Chicago,-Page 15.
San Francisco oversupplled with low-grade
potatoes. Page 15.
Blockade-runner Olympla begins loading to
day. Page- 14.
Government opens forage bids. Page 14.
The War in the Par East.
Stoessel tells bow he was fooled by his
Chinese spies Into resistance. Page 4.
Russian prisoners march out of Port Ar
thur. Page 4..
Japanese cruisers near Mauritius In search
of Baltic fleet Page 4.
Baltic fleet will return to Malta. Page 4.
. Foreign.
Great socialist conspiracy discovered In Rus
sia. Page 1.
Wltte to succeed Mirsky aa Interior Minister
in Russia. Page 1.
Germany shows hostility to American com
merce. Page L
National.
Democrats In Congress Indorses President's
railroad policy. Page 5.
President urges improvement of Army med
ical and ordnance service. Page 5.
Politics.
Governor Peabody announces that he will
contest Colorado election and drive out
fraud. Page 3.
Governor Folk's inaugural message declares
war on corruption. Page 5.
Bolt from Republican caucus in Missouri
may re-elect Cockrelt Page 5.
' Domestic.
Arguments for and against the beef trust
before the Supreme Court. Page" 1.
Duke scandal spreads from New York' to
Chicago. Pace 1.
PLOT LAID BARE
Socialists, Deluge Rus-
sia with Sedition.
TAMPERING WITH ARMY
LiteratureSmuggled Into Army
and Navy Barracks.
BRIBERY ON GREAT SCALE
Odessa the Headquarters of Conspir
acy Which Has Undermined
Loyalty of Army and Caused
the Recent Outbreaks.
SPECIAL CABLH.
ODESSA, Uan. 10. The police last night
authorized the bare anouncement that a
dangerous conspiracy1 against the govern
ment had been unearthed and that large
quantities of seditious literature has
been confiscated. It can be stated upoa
trustworthy authority, however, that the
extent of the plot Is "such as to baffle even
those who are used to deal with agitators
of the worst kind, and In well-informed
circles the opinion prevails that the work
has been permitted to advance so far that
Irreparable damage has been done.
That wholesale arrests will be made
within the next 24 hours seems to be the
general belief. Rumors are In circulation
to the effect that several well-known So
cialists have already been Imprisoned.
When the first news of the existence of
the conspiracy and Its purpose of dissem
lnating seditious literature among the re
servlsts, soldiers and sailors, reached the
authorities comparatively little attention
was paid to it. It was assumed that cer
tain publishers of Socialist pamphlets
were showing only a little more activity
than usual and the matter was Invest!
gated in a cursory manner.
In this connection it is stated that sev
eral high officers will be tried for negll
gence, for when the case was finally taken
up more thoroughly the most astounding
revelations came to light It was found
that by bribery and other means the agi
tators had managed to smuggle huge
Quantities of most seditious matter into
the navajl and military barracks all over
the empire and the work has been going
on for so long that the opinion gains
ground, that nearly all of the recent out
breaks, together with much of the ever-
increasing spirit of rebellion among the
troops, may be attributed to the undis
turbed activity of the Odessa conspirators
The most mystifying feature of the af
fair seems to be the success of the plotters
in eluding the police. The only explana
tioa offeied Is that the agitators have al
lies In the army and navy, and perhaps
even among civilian officials. The Invest!
gation just begun will be continued until
every man and woman concerned in the
plot has been Identified and arrested, and
many predict a scandal of almost incon
celvable proportions will follow the first
disclosures.
PROOFS OF REVOLUTION.
SPECIAL. CABIJi
Great Meetings in All Russian Cities
Declare War on Absolutism.
MOSCOW, Jan. 9. It develops that the
final event that decided Prince Trubetz
koy to write his famous letter to the
Czar was the demonstration of 200 dele
gates from 23 factories In this -city, which
took place within the sacred precincts
of the Kremlin on the Krasnojekrtltso
parade at the entrance to the palace. The"
following resolution was unanimously
carried:
"We solemnly declare war against ab
solutism and demand the rights and lib
erties of the Russian people."
Ordinarily such acts cause .wholesale
-arrests, but In this case not a single man
was arrested, prosecuted or Ill-treated,
Prince Trubetzkoy witnessed the Im
presslve scene and received reports, of
similar meetings at Odessa, Kharkov,
Kiev, Tiflls and many Polish towns, as
well as from Nlpnl Novgorod, Vorbnesh
and St Petersburg.
He decided that it was his duty as
faithful subject of the Czar to Inform His
Majesty that Russia was In a state of
revolution.
VITTE WILL STEP IN.
Former Minister Will Soon Supplant
Svlatopblk-Mlrsky.
ST. PETERSBURG, Jan. 9. M. Wltte,
as Interior Minister Svlatopolk-Mirsky
successor and holding a .position ip the
councils of Emperor Nicholas approach
ing General Loris MelikofTs during the
trying Nihilistic days of Aiexanaer ill,
roav be one of the startling results of the
contest waring over the question of In
terior reforms. The popular Idea has been
that Prince Svlatopolk-Mlrsky and
Wltte were acting In harmony In this
matter, but the Associated Press learns
from the highest source that exactly the.
ODDoslte Is the fact They can more
properly be described as rivals and oppo
nents than friends.
Desplto the difficulty of Minister Svia
topolk-Mirsky's role since he assumed of
fice, owing to the powerful influences ar
rayed against him, he has been able
hold his own with continued marks of the
Emperor's confidence and approval. With
M. Wltte s advent upon the scene, how
ever, the situation changed. Prince Svia
topolk-Mirsky stuck manfully beside his
guns, defending the policy on which he
accepted office, but he found M. Wltte
antagonizing the very principles which
he considered vital, thus rallying his op
ponents on his side, and the Prince found
the ground slipping from under mm.
Wltte prevailed in the matter of the im
pcrial manifesto, the hazy terms of which
did not meet with Prince faviatopoiK-Jur-
sky's views. According to the latter i
friends, the contest was resumed imme
diatelv upon the convening of the com
mlttee of Ministers, the Prince finding
M. Wltte opposed to the proposition
invite in a consultative capacity the va
rious classes interested in the reforms.
The Prince's friends believe SI. Wltte
heart would go i farther than the former.
but that.it suits his present purpose to
aaopt a more conservative attitude until
all the reins of power are firmly In his
own hands. x
Under the circumstances, the Prince.
whose health Is really greatly impaired
and' who Is a' plain-spoken man. un-
schoolcd-in the art of Intrigue, feels" him
self unequal to the task of continuing the
contest, and has confided to. his friends
within 34 hours that he prefers to retire.
Whether he has actually tendered his res
ignation the Associated Press Is not in a
position to say. but that it may come any
minute Is certain.
OIL BURNING AT BAKU.
Vast Amount of Property Lost
Through the Strike. ;
BAKU, Jan. 8. The oil fires continue
to burn and already have Involved the
Baku. European. Caspian and other com
panies and have destroyed 100 tanks and
number o dwellings and warehouses
There has been no settlement of - the
strike. -
Ask Government to End Strike.
NIJNI NOVGOROD. Russia, Jan. 9.
The members of the local stock exchange
have petitioned the Minister of Finance
to appoint a government commission with
view of ending the strike at the Baku
oil fields.
Muravleff Is for Reform.
PARIS, Jan. 19. Muravleff. Minister of
Justice, according to the St. Petersburg
correspondent of the Matin, In the course
of an Interview, declared himself a strong
partisan of Internal reforms.
HATES AMERICAN TRADE.
German Governmnt Gives Ambassa
dor Tower New Evidence.
SPECIAL. CABLE.
BERLIN, Jan. 9. Germany's uncom
promising hostility to organized Amer
ican commercial enterprise in her mar
kets has again been displayed in
manner calculated to cause a sensation
in interested quarters when the facts
are known. Ambassador Tower was
anxious to accept an im itation to the
annual banquet of the American Cham
ber of Commerce of Berlin, January 30,
When he mentioned his intention to
Baron von Richthofen. the foreign sec
etary. that official declared that the
government's attitude toward the
Chamber of Commerce was more hos
tile than ever. He added that. Ambas
sador Tower's attendance at the ban
quet would "embarrass the govern
ment'1 Tower thereupon notified the
chamber that he would be unable to
be present.
Von Richthofen made similar repre
sentations to the Ambassador in con
nection with the 1904 banquet; but the
incident was suppressed in the interest
of international harmony and In the
belief that the chamber's strictly pro
German attitude would eventually in
duce the government to abandon its
position.
Ever since its organization, the
chamber has been under the ban of
the Kaiser's officials, .who have declined
to recognize it In any form and have
even refused It a corporate charter
such as is obtainable by even the most
Insignificant mannerchor. They give
as their objection that chambers of
commerce, under German law, are semi
official bodies, and that the Americans
are therfore sailing under false colors.
Forty per cent of the chamber's mem
bership Is German.
FROZEN TO DEATH IN ALPS.
Monks and Smugglers Recovered
From Snow in Mountains.
NEW YORK. Jan. 9. Two more Trap-
plst monks, making a total of four since
the recent blizzard in the Alps, are dead
from the cold In the mountain monastery
near Brescia, says a Herald dispatch
from Geneva, Switzerland. Thirty guides
and, villagers have recovered six bodies of
Italian smugglers from the summit of the
Colvalsarey and transported them
Bourg. where they were buried. Dogs at
the Hospital St Bernard also recovered
three bodies from the snow.
PERISHED WITH COLD.
More Than Fifty Persons Frozen to
Death in Germany.
BERLIN, Jan. 9. More than 60 persons
were frozen to death in the Provinces of
East Prussia. West Prussia and Posen
during the recent cold period.
It Was All a False Alarm.
LONDON, Jan. 9. The German Em
basey Informs the Associated Press, rel
atlve to the statement made by Dr.
Paasche, the National Liberal leader, to
his constituents at Creuziach, January
7. that Germany and Great Britain were
on the verge of war in the latter part of
December, owing to utterances of the
Army and Navy Gazette, of London, that
no representations whatever have been
made to the British government by Ger
many in regard to belligerent utterances
of the Gazette. When Secretary von
Bernsdorff, of the British Embassy, was
in Berlin several weeks ago, the Foreign
Office asked him if the paper whose art!
cle had excited the German press had
any official standing. On being assured
to the contrary, the Germany Foreign Of
fice gave the matter no further notice.
Religious Riot in Sacred City.
JERUSALEM, Jan. 9. The Greek
Christians' observances in the Grotto of
the Nativity at Bethlehem were marked
by a sharp fight between Greek and
Latin clergy, arising from the old-time
jealousy regarding protection of the grot
to. The Governor had to bo summo'ned
to quell the rioting.
Killed by Germans In Africa.
BERLIN. Jan. 9. lieutenant-General
von Trotha. commander of the forces in
German Southwest Africa, cables that
Major Mesller estimates the losses of the
Wittbola In the fights on January 2.
and 4, as at least SO dead. The German
losses have not yet been reported.
Lost Lightship Comes to Port.
BREMEN. Jan. 9. The Borkum Reef
lightship, which broke from her anchor-
ago in a terrific storm and went ashore,
has reached her post.
JUDGE AND SHERIFF MUST PAY
Jury Awards Damages Against Them
for .Killing Marcum.
WINCHESTER, Ky., Jan. 9. The jury
in thecase of Mrs. Abrella Marcum, who
sued ex-Judge James Hargis, ex-State
Senator Hargis, Sheriff Callahan of
Breathitt County, and Attorney Fulton
French for $100,000 for alleged conspiracy
with Curtiss Jett and Thomas White to
slay her husband. James B. Marcum. to
day returned a verdict for SSOOO against
James Hargis and Sheriff Callahan and
found for defendant In the case of French
and Senator Hargis.
TSTIFLESTRADE
Moody Argues Against
Beef Trust
CONSPIRACY IS SHOWN
Attorney-General Exposes its
Methods ot Action.
ATTEMPTS TO EVADE LAW
TrustTs Denial' That Its- Business Is
interstate Baseless -How It Works
Stockmen, the Railroad and
-Consumer, Each in Turn.
WASHINGTON. Jan. 9. Attorney-Gen
eral Moody today resumed his argument
on behalf of the Government before the
Supreme Court of the United States In the
case of Swift & Co. vs. the United States,
commonly known as the "Beef Trust"
case, begun last Friday. Mr. Moody said
none of the aguments or acts complained
of related to manufacture or production,
but to commerce commerce as distin
guished from manufacture or production.
They do not accomplish fusion of prop
erty Interests he said, but are, on the
contrary, simply agreements between
strangers to each other's business affect
ing their freedom of action in certain re
spects, and by that consideration the casa
at bar Is shown to be devoid of those fea
tures from which differences of opinion.
arose In the Northern Securities case. Ho
also pointed out differences between this
and the Knight and Hopkins cases. Thus,
hesald. the inquiry Is narrowed down to
only two questions for the determination
of the court:
Whether the commerce In the case was
commenced among the states, and, if so.
whether the agreements constitute a mo
nopoly or any part of It
Mr. Moody said it appears clearly in
the petition that there were three main
subjects upon which the defendants en
tered Into an agreement
Taking up the agreement alleged In par
agraph six of the petition, Mr. Moody
said that eliminating all the statements
by which the pleader characterized the
purpose and effect ot the agreement the
following state of facts is clearly shown:
Persons owning livestock and living In other
states and territories than those where tho
stockyards aire situated were accustomed to
send such stock to the various stockyard
named fcr tho. -purpose ot sale there. The. de- ,
fendants who were severally engaged In the
business ot buying such livestock, for the pur
pose of slaughtering and converting it Into
fresh meat, entered into an agreement with
each other to refrain from bidding against each
other, except collaterally. In the purchase of
such livestock, with the purpose and result ot
suppresslag all competition In such purchas-
Business is Interstate.
An agreement having been thus clearly
alleged he said, the question arose as ta
whether the agreement relates to Inter
state commerce, and proceeded to argue
the proposition, saying that the same sort
of bargain is made tor cattle produced
and owned within the state of sale aa
for cattle produced and owned In an
other state and sent to the "locus" of thff
transaction for the purpose of sale there.
Tho Interstate character of the transac-
tion. he said, where an owner of a com
modity living in one state ships it to an-,
other, continues from the beginning oi
the shipment to and Including the sale ot
the commodity, if it has not lost its iden
tlty by the breaking of the original pack
age In which It has been Imported.
Mr. Moody cited numerous decisions as
to what constitutes interstate commerce
and an original package, and, quoting
from one opinion of the court, said It
was clearly established by the case In
point that the "sale by the owner or his
agent of the commodities imported orrta
be Imported from another state to th
place of sale in the original package ix
an act of Interstate commerce, and the
owner, or hi3 agent, taking part as vend-
er, is engaged in transacting interstate
commerce." He thought it inevitably- fol-
lowed that those who take part in th$
act as vendors also are engaged In inter
state commerce.
Continuing, he said:
It Is contended that unloading of the cattll
from the cars in which they are- transported
anJ 't,b?r disposition In the various pens in
the stockyards constitute a breaking of th
original package and a commingling of th
property with the domestic property ot th
state to such an extent that the purchase and
sale of them are domestic commerce. It Id
difficult to treat this contention eerloualy. Il
the original package conception has any rel
evancy to this discussion, surely It must b
that the packages which nature itself hat
mado are the original packages.
The two parties to the transaction, the bnyel
and the seller, when they agree upon the con
tract of sale, are effecting an interstate trans,
action.
When all or substantially all of the buyers'
In this Interstate market enter into an agree
ment with respect to their conduct ta making:
purchases, the agreement thus entered Intc
relates to Interstate commerce.
The further question arises whether such as
agreement affects interstate commerce elthei
by way of direct restraint upon it or by its
tendency to monopolize it.
Commerce Is Restrained.
Arguing on this question, Mr. Moods
said it would be a useless parade oi
learning to offer to the attention of th
court the long line of decisions declar
ing that the silence of Congress upon the
subject of interstate commerce Is in ef
feet a declaration that it shall be fre
and untrammeled. and referring to the
act of 1S30, regulating Interstate com
merce, said he knew of no other acl
which restrains the freedom of the in
dividual to conduct interstate commerce
according to his own discretion and
choice. It follows, he said, that the con
duct of the defendants set forth In para
graph six Is entirely within their rights,
unless It constitutes a contract combina
tion or conspiracy in restraint, of trade,
or a monopolization or attempt to monop
olize any part of such commerce.
Having cited certain species of con
tract which he did not believe should be
held to be within the prohibition of the
interstate commerce act, Mr. Moody
said:
But each age has Its own evils, and then
has come Into view in more modern times an
other kind of contract which, unfortunately,
as X venture to say. has been also called a con.
Concluded ca Page Four.).
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