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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Jan. 10, 1905)
THE 3IOBNIXG OKEGONIA TUESDAY, JASTFAY 10, 1S05. JAPAMESE AT HAND Cruisers Ready to Pounce on Baltic Tieet ARE-SEEN NEAR "MAURITIUS Russians Are Hiding in Madagascar or Comoro islands No Prevision Made for Progress Eastward and Return to Malta Likely. S SPECIAL. CABLE. 1.OND0X. Jan. 10. The correspondent of the Iiondon Dally 'Mali at Port Louis. Island of Mauritius rflslc de France), rc-ports'-ihat theBrlt&h crulecr Forte. 'Which wa to have left that port on Thursday laFt, is still there. The correspondent ilaitns to have learned that the Forte"s wirclew apparatus copied a number of messages exchanged, between foreign-warships, presumably Japanese.. Mauritius is located to the cast of Madagascar. According to reliable advices received yesterday, one of the squadrons ol the Russian Baltic fleet is sheltering, in the vicinity of Comoro Islands, to the north we&t of Madagascar. This-dispatch 'contains the first intima tion that the Japanese war vessels sent to intercept the Baltic fleet might have arrived in the vicinity of Madagascar. MOVEMENTS OF FLEET. RojeatYensky Will Return to,Malta to" Await Third Squadron. v PARIS, Jan. 9. The Temps correspond ent at Copenhagen telegraphs that he Is reliably informed that Admiral Rojest vensky's squadron will return from Mad. agasc&r and go to the Island of Malta, -where it will await the third Russian squadron, which will leave Llbau at the end of January, later proceeding to- the Far East with Admiral Rojestvensky's Bhlps. The Admiralty, the Temps correspond ent further announces, is preparing a fourth squadron, which will depart prob ably In May. DI8ASTER AT PORT ARTHUR. Chefoo Hears of Mine Explosion in Captured C,ity. LONDON, Jan. 10. The Dally Tele graph's correspondent at Chefoo reports that the Japanese Consul there' has re ceived news of a disastrous mine explo sion today at Port Arthur. The same correspondent asserts that a large part of General Nogi's army has been already sent north to Llao Yang. High Officials Give Parole. TOKIO, Jan. 10 (10:30 A. ,M.)-General Nog! repqrts additional prisoners of war as follows: Major-Gcnerals Nikitin and Baile and Rear Admiral Wlren. The prisoners who have given parole besides General Stoessel include Major Generals Rles, Nadin and Kostlnkow and Reor-Admirals Prince Ouktomsky, Grcg orovjtch and Roshtllisky and "Englneer-ln-Chlef Rlndeback. Nogi Going to Join Oyama. LONDON. Jan. 10. The Cheefoo corres pondent ofthc London Daily Telegraph learns that General Nogo has begun the transport of his troops to the North, where they are to reinforce Field Mar shal Oyama's army. RECOGNIZES m ORGANIZATION Wynne and Bristow Plainly Answer Officers of Letter-Carriers. WASHINGTON. Jan. 9. The mem bers of the executive committee of the National Association, of Lctter-Car-rlers today called on Postmaster-General Wynne and Fourth Assistant Post-master-Goneral Bristow. They asked Mr. Bristow what status President Keller, of their organization, who re cently was dismissed as a carrier, had before the department. Ho answered that Mr. Keller had no status whatever and that the officers and members of the organization would be treated solely as employes and any requests they wished to make should be made through their respective post masters. Mf. Bristaw told them that tho purpose of the urbanization seemed to be to secure increased salaries and that the department positively disap proved of any Improper political pur poses an the part of any of Its mem bers. Postmaster-General Wynne also re ceived the members of the board as in dividual employes and not as repre sentatives of their organization. MUST ACT ON FREIGHT RATES Opinion Given President by Two Leading Congressmen- WASHINGTON. Jan. 9. President Roosevelt had another conference today regarding pending legislation. He con sulted Representatives Esch. of Wiscon sin, and Townsend, of Michigan, both members of the House committee on in terstate and foreign commerce, regarding proposed legislation respecting railroad freight rates. Both Representatives are In favor of affirmative action on the sub ject by Congress at the present session. They told the President that the people they represented wanted something def inite done, and wanted it done soon. Any legislation enacted, they urged, must be effective in curing the evils complained of. and not merely of a nominal char acter. OREGON BILLS IN CONGRESS. For Condemnation of Irrigable Land and Creation of New Judgeship. T ASHINGTON. Jan. 9.-Scnator Ful ton today introduced a bill authorizing the Secretary' of the Interior to acquire: by condemnation any lands needed in connection with any Government irriga tion project This bill, if passed, will permit the acquisition of all wagon road lands lying under the Malheur Irrigation projects. A bill to divide Oregon into two judicial districts was called up In the judiciary -committee today, but action was post poned until Representative Williamson can appear and explain the necessity for' dividing the state. MORTON WILL TESTIFY. Will Be Principal Witness for Santa Fe in Rebate Case. CHICAGO, Jan. 9. The Record-Herald tomorrow will say: Secretary of the Navy Morton will be n witness before the Interstate Com merce Commlslon when that body meets on the occasion of the hearing of the Santa Fo rebate case. This can be practically stated on official authority. The commission Iras postponed the hearing from Friday to next Tuesday, w"hen It trill come xq Chicago- prepared to heacall evidence -whipb way bo. ad duced! ' ,It was stated that the trhee jmaln witnesses for tHoiSanta. Fc would be Secretary Morton, President Ripley, of the Santa Fe, and James Douglass, president erf the 331 Paso & South-western Railroad, with which the Santa Fe claims to have had an agreement regarding the division of the through rate on coaL i' WASHINGTON, Jan. 9. Chairman. Knapp. of the Interstate Commerce Commission, today postponed . until: next Monday the hearing in Chicago of the case involving allegations, of re bates granted . by the Santa Fq. Rail road to the Coiorado Fuel &. Iron Com pany. . .f . .HDtED TO C0KHTT PERJURY. A Hundred Persons to Be Tried-for Timber Land Frauds. WASHINGTON. Jan. 3,-The following authoritative statement wase made to night: ; - " . "In the Spring- of 1902 the Interior, De partment was informed that extensive land frauds were being perpetrated in Montana and Idaho under an act of Con gress known as the timber and stone act. Secretary' Hitchcock Immediately set on foot an Investigation and in tho State of "Montana It was discovered that at the Land Office of Missoula many fraudulent entries had been made. It was soon discovered, it Is alleged, that under the leadership or R. B. Cobban, a conspiracy was organized and a lot o people living in the vicinity of Missoula men and women were directed to make applica tions at the Land Office. Under this act of Congress it was necessary Xor the ap plicant, when he made his application, to take an oath that the land was not taken for speculative purposes, but for his own use. and that no one cite was directly, or Jndlrectly interested In the purchase. "Cobban and his associates prepared all these affidavits and paid all expenses and 52. DO an acre for the land,. and gavo these persons from 5100 to 5150 apiece for lalse swearing: and entry. There -were 102 .persons, men and women,' "indict ed; ana a number of Indictments were filed Cobban 1elng Indicted ten times. The Indictments were for perjury and forgery. "All tho lands, about 15,000 acres, were sold by Cobban to United States Senator W. A. Clark. Demurrers were filed to these Indictments and tney have been de layed from time to time until now. Today the Attorney-General received the follow ing telegram from United States Special Attorney Maynard, dated at Helena, January S: " 'Judge Hunt overruled demurrer in 12 subornation of perjury cases and 90 per jury cases. Having exhausted all dila tory pleas, defendants must now stand trial.' " Montana Land Fraud Trials. HELENA, Mont., Jan. 9. Judge Will iam H. Hunt, in the United States Court here today, overruled the demur rers of the defendants to the indict ments In the cases of the United States against R. M. Cobban, .J. B. Catlin and many others for subornation of perjury and perjury in connection with timber land entries in Western Montana, and the accused will now have to come on for trial. There are 12 indictments for subornation of perjury and 90 for per jury. Included in the defendants are many settlers in Powell and Missoula Coun ties, who are alleged to. have made false oath in proving up on their tim ber lands, which were afterwards ac quired by Senator W. A. Clark. It Is alleged that Cobban and Catlin, well known citizens of Missoula, Induced these people to swear falsely. Tha parties -were all indicted in June. 1901,. and the cases have since been hanging fire in court. Following Up Stolen Lands. MISSOULA, Mont. Jan. 9. Notice of 15 pendens was filed In the office of the Clerk and Recorder here today regarding the cases pending in the United States Court wherein W. A. Clark and R. M. Cobban are the defendants regarding al leged timber frauds in Missoula and neighboring counties. Twenty-one thou sand acres of the best timber lands in this part of Montana are Involved. Mr. Cobban Is one of the prominent real es tate men of this section, and his indict ment will surely cause an upheaval, as many school teachers and others In the county entered land at his instigation. HIS CONJUGAL TANGLE. Captain Milliken Does Not Know Whether He Is Married or Not. CHICAGO. Jan. 9. Captain David B. Milliken took the stand In his own de fense at the court-martial at Fort Sher idan today, and detailed how he and a Filipino girl, after eight months of wooing in the town of Escalante, Nc gros, Philippine Islands, were "ille gally married." and how after a period of uncertainty as to whether he was married or not, he participated in an other "Illegal" marriage only to And according to his story, that his -wife had been previously married to a Fili pino. This complication of martial doubt induced him, he says, on one occasion to report to tho War Department that he was unmarried and on another oc casion to put an Interrogation point on the printed form after "married or nglc" Despite doubt, Milliken as serted, he made no attempt to conceal from the natives that he had "gone through a sort of ceremony," and he considered himself married. "AVhy. then, did you not bring your family with you when you returned to the United States?" asked Lieutenant J. M. Klmbrough, Judge-Advocate and prosecuting officer. "Did not your wife and boy want to come?" "Every effort to induce them to come with me railed." be replied. "They did not want to go so far away from home; her mother was so old and fee ble she needed her attention, so I left them there." GREAT NAVAL SPECTACLE. Secretary Morton and Admiral Dewey Inspect Three Squadrons. FORT MONROE. Va.. Jan. 9.-The In spection of the Battleship. Coast and Caribbean Squadrons by Secretary of the Navy Morton and Admiral Dewey today was one of the most imposing naval spec tacles witnessed In Hampton Roads Jn many years. Deadlock in Chinese Railway .Scheme. LONDON. Jan. 10. The question of the Hankow-Canton Railway concession, ac cording to a Shanghai dispatch to the Times, has reached a deadlock, which is ltkely to end in the abandonment of the enterprise or Intervention by the Amer ican Government The Hankow-Canton Railroad Company wns organized under tho laws of New Jersey, and a majority of the stock was originally held in this country. Later the control of the corporation was acquired by Belgian capitalists. Wyoming Will Send Clark Back. CHEYENNE. Wyo.. Jan. 9. At a Joint caucus of the Republican members ot both House and Senate, Clarence M. Clark was unanimously selected to .suc ceed himself In the United States Senate. As the Legislature is overwhelmingly Re publican, the caucus nomination Is equiv alent to election. No other name was mentioned. FOOLED "BY CHINESE Stoessel Led to" Expect Relief Ffom Kuropatkin, DID' flOT KNOW "OF DEFEAT Defeated General lncreldulousWhen Told of Russian Retreat Praises Work of Japanese Army and Regards Nogi as a Friend. HEADQUARTERS- OF THE THIRD JAPANESE ARMY AT PORT ARTHUR, Jan. 7.. via Tientsin, Jan. 9. Captain Tsunoda. the Japanese staff officer who was sent to Port Arthur to Inform Gen eral Stoessel of the contents of the mes sage of the Emperor of Japan, saying that the garrison should be treated with the greatest consideration, says: "General Stocsscll's first Inquiry was about the whereabouts of General Kuro patkin. I said 1 did not know exactly, but understood he was somewhere about Mukden. "General Stoessel remarked that he had last heard from General Kuropatkin October 6, saying he would come to re lieve Port Arthur soon. General Stoessel added that he "had sent out Chinese spies who, returned and reported that General Kuropatkin. with a relieving army was at Kinchou, 20 miles north of Port Arthur. "General Stoessel was plainly incredul ous at my statement that General Kuro patkin had been defeated and driven back toward Mukden, so I produced maps, showing- him the position of the two armies near the Shakhe River and gave him details of Kuropatkin's defeat with the loss of 50.OW to 60,000 men. at which tho Russian General expressed amaze ment and quickly remarked that htjad been misled. No Use for Fleet to Go On. "General Stoessel then asked where the Baltic fleet was and I told him that same of the ships had not passed the Cape of Good Hope. With a hopeless ex pression General Stoessel said: " 'Now that Port Arthur has fallen there Is no use for the fleet coming any further. "I then asked General Stoessel what had caused the most damage to the gar rison during the siege and he replied: " 'Your 11-lnch hawltzers. After they arrived our defense works became use less.' "General Stoessel then pointed out that he and Admiral AlexiefC had been through the Boxer trouble and had seen the work of the Japanese army. General Stoessel also said he had been associated with the Japanese Generals Yamaguchi and Fukushlma at that time and expressed the opinion that the Russian and Japan ese forces had borne the lion's share of tho work. Since then he had a high Idea of the organization and fighting qualities of the Japanese army. "The real cause . of the war was. in General Stocssel'9 opinion, the Ignorance of the Russian people of tho lighting qualities of the Japanese. The first at tack on Port Arthur in February by tae Japanese fleet was a tremendous sur prise. The forts, he explained, were only partly garrisoned by 2000 troops. "At this point. General Stoessel said he had always opposed the scheme of Gov ernor Sakharoft of Port Dalny In spend ing money in building up Port Dalny In stead of finishing the defenses of Port Arthur. Sakharoff. who was an engin eer officer, died of dysentery during the siege. Praise for Japanese Army. "Continuing, General Stoessel praised the ingenuity, pluck and patience of the Japanese infantry, especially In making siege parallels and trenches to the forts. Referring to the artillery. General Stoes sel said that at first he did not think the artillery practice good, but he was soon compelled to recognise how good it was. General Kondratenko and a Colonel of Engineers (Irroant General Stoessel point ed out, wero killed in North Kcekwan fort by a Japanese shell just prior to the explosion of December IS. General Stoessel felt their loss greatly, as Kon dratenko was a clever engineer. "General Stoessel further said he had served his Emperor in three wars and he had been thrice wounded, first In the Russo-Turklsh war. second In the Boxer trouble and third at Port Arthur. Now he felt he had earned the right to return to Russia to live in his old age with his family. The General added that he was taking home with him five children of officers who had been killed during the siege. "After his conference with General Nogi. General Stoessel expressed gratifi cation at meeting so pleasant a gentle man. He had not expected the consid eration accorded to him. General Nogi appeared to General Stoessel as an old friend rather than as the Commander of an army which had forced him to sur render." PRISONERS MARCH OUT. Pathetic Procession of 5000 Russians From Port Arthur. HEADQUARTERS OF JAPANESE THIRD ARMY. Port Arthur, Jan $, via Ylnkow and Tientsin. Five thousand men of the Russian garrison at Port Arthur were marched from the village of Yahut sui. on the shores of Pigeon Bay, for 15 miles to the railway station at Cbang lingtzu. this afternoon. The first detach- jnent arrived at Changllngtzu at 3 o'clock. and the other detachments followed soon after. Each detachment was accom panied by six loaded transport carts. The Russians, during the night will be taken on special trains of open trucks to Dalny. and there they will immediately embark for Japan on transports now waiting in that port The long procession of the remnants of the gallant Russian garrison was a pa thetic spectacle. The first arrivals at ChangUngtzu were four droskles. drawn by sorry-looking horses. They contained the staff officers who had refused to give their parole. Most of them wore their swords, as they were allowed to do under the terms ot the capitulation com pact. A few mlnutec later the first de tachment arrived. The regimental offi cers marched with their men, their heads bowed down and their faces seamed with lines showing the result of the mental and physical strain they bad undergone dur ing the long defense. As the Japanese soldiers crowded about thorn wjth evident curiosity, the faces of the Russian officers were an interest ing study. All of them appeared to feel their humiliating position keenly, and though some seemed to be resigned to their situation, others were resentful at being regarded with curiosity. The men looked to be well fed. but their faces, like those of tho officers. Indi cated the awful physical strain they had undergone. The officers were clean and well clothed, bat the men were clad In dirty-looking sheepskin coats and ap peared to be resigned and glad that the end had come. The horses drawing the transport carts were staggering with latigue, though the loads were small. In the processions were many lean-looking pet dogs belonging to the officers. In many cares officers refused to wear their swords, but had them carried behind inem by ordedes. The officers saluted the European and American correspon dents with the Japanese army, and ap peared to be both pleased and astonished at seeing Europeans and Americans there. The prisoners were treated -with the greatest respect and kkHsess, though they were regarded wit ranch natural curiosity. The soldiers -were given food, cigarettes and. beer, "and. the correspon dent of the Associated Press even saw; the Japanese soldiers volsnf&rlly carrying the effects ot the prisoners when they were overcome by fatigue. xnc railway has been repaired and tne gauge changed almost to the City of Fort Arthur, into which trains will enter In a few days. Telephone and telegraph lines Jiayc been, completed to the city, and al- rcaay Japanese engineers arc surveying the destroyed forts of the eastern forti fied ridge. V CONFIDENT OF SUCCESS. Kuropatkin's Army Net Dismayed by Fall of Port Arthur, HUANCHAN. Jan. 9.. via . Mukden. The news of the fall of Port Arthur was received here first unofficially -from the J a panes;, who let loose numerous paper kites bearing letters and triumphal in scriptions. These kites were picked up by Russian soldiers long before the tele graph gave them the news. The army received the announcement doggedly, regret being expressed that the troops had been unable to relieve the garrison, but confidence Is felt that utlmately the Russians- will be able to posh back the Japanese and reach the lortress from the north. Russian artillery is steadily rounding the section of the Janancse line west of Sinchlnpu and about the villages of Ban- to&nan and SIntlngun. The Japanese are using balloons and searchlights in ef forts to locate Ituaslan batteries, which nae Deen causing them great annov ancc. The past two day the Janancse have made two unsuccessful attempts to break through tho Russian advance lines. General Stackclber. who has bpen III. has recovered sufficiently to return to me iront The weather has been warm and Snrinc. like Xor some days, and overcoats have oeen .aiscarded by, many. HAD NOT RECEIVED NOTICE. Why Japanese Turned Back British Cruiser Andromeda. TOKIO, Jan. 9. The Navy Depart ment announces that It regrets the misunderstanding in the case of the British cruiser Andromeda, which sailed from Wel-Hai-Wel January 5 for Port. Arthur with hospital stores and surgeons to assist the sick and wounded, and was not permitted te make a landing The department says tho commander at Port Arthur refused the aid offered by- tho Andromeda owing to the fact that he had not received instructions. The British authorities at Wel-Hal-Wel were late in notifying Sir Claude M. Macdonald. the British Minister at Toklo, of the mission of the cruiser. When the Minister received notifica tion he immediately obtained from the Japanese authorities their gratoful ac ceptance of the cruiser's cargo. Orders to receive the supplies wero sent, to Port Arthur, but when they reached there the Andromeda had left on her return to Wel-Hai-Wel. Owing to jthe danger of coming in contact with mines, the department says, it would have been impossible to allow a British launch to enter Port Arthur. PREFER TO BE PRISONERS. Many Russian Officers Refuse Parole and Stay WJth Men. TOKIO, Jan. 9. The Japanese who ex press great admiration for officers for refusing parole, and standing by the men of their army, are busily preparing to re ceive the Russian prisoners from Port Arthur. The first batch of 10,000 are ex pected to arrive 'at Moll and Slmonoscki shortly. After disinfection, they will be sent to Kure. and probably to Matauyama, Nagoya, Hlmeji, Kyoto, etc. The Gen erals will be treated In the best possible manner. It Is unlikely any of the prison ers will be brought to Toklo. The Gazette announced that the Rus sians have delivered five survivors of the third Japansese expedition to block the entrance to Port, Arthur harbor. NAGASAKI. Jan. 9 (Noon.) One thou sand wounded Russian prisoners of war from Port Arthur have arrived at Dairel hospital. ATTACK FRENCH COLONIES. Paris Paper Tells Plans of. Japan Against Indo-China. PARIS, Jan. 9. The Echo de Paris prints documents alleged to have been prepared by the Japanese General Ko- dama, ex-Viceroy of Formosa, showing that Japan has a plan of campaign for tne invasion of French Indo-China. The document which Is of extraordinary length, gives the reasons for first turning toward Manchuria, and. after crippling Russia there, attacking the smaller French forces farther south, preparing meanwhile a powerful navy to meet reln- "forcemcnts that might be sent from Rus sia or France. ONE-FOURTH ARE DEAD. Loss of Russian Garrison in Port Ar thur Siege. TOKIO. Jan. 9. In well-informed clr- i cles It is estimated that the original gar- rison of Port Arthur number about -3S.CW to 40,000 men, Including sailors. The kill ed, those who died of sickness and the missing, are placed at over 10.000. TOKIO. Jan. 9. Noon. It is believed that the Russian casualties at Port Ar thur will total 23.000. NO SUPPLIES FOR FLEET. ... NO Stores Ahead -and VOVaae Has Seems to Be Ended. 1 n-nr.v t . .t. LONDON. Jan. 10. The Times states that arrangements extending over several month to supply tho Russian Baltic fleet hac apparently come to an end. There Is no longer a chain of storeships ahead and seemingly, no arrangements have been made for the fleet's voyage. Vladivostok Is Stronger. CHEFOO, Jan. 9 (10 P. SL). The captain of the German steamer Progress, which vessel arrived here to day after a four days passage from Vladivostok, reports that the surren der of Port Arthur was not generally, known at Vladivostok when he left there. He says that Vladivostok will prove to be a stronger fortress than that of Port Arthur. Did Not Know of Surrender. CHEFOO. Jan. 9 (10 P. II.). Freder ick Van Dittmann, who left here on a junk December 30 with dispatches for General Stoessel. returned today. While lying off Llao Ting Promontory on the morning of January 4 he was surprised to see. the Japanese flag run up. and lost no time in putting about. Work Delayed by Storms. TOKIO. Jan. 9. The work of remov ing the mines and other obstructions at the entrance to the harbor ot Port Arthur and of examining the Russian war vessels is hampered by the storms and cold weather. There Is every In dication that some of the ships are salvabl. Illinois Steel Works Resume. CHICAGO. Jan. ?. The shut-down of the Illinois Steel Company's works at Sooth Chicago ended today. Two thou sand men, who have been idle for four weeks. Trero given work. IT STIFLES THE TRADE (Continued from Pag& 1.) ract -m restraint of trad. Although there re Mroe resemblance between thte kind or contract and the one which I hire Jut de scribed, nevertheless, thrrc is aa-uratial Cist Unction between them. ThU kind of contract la not made- ajs ancillary or collateral to any other contract between the partie. but on the other hand. U the main csbject of agreement between the parties to it. It purpose Is not to make good, for Instance, the sale of prop erty with Its g-ood will, not to be ancillary to any other main contract It creates such a relation between Independent persons as will rreult In controlling or limiting production, the suppression of competition, either with respect of price, territories or customcm. the destruc tion, of competition of others outside the com bination, and the creation br such means. of a. monopoly in the modern sensa of the word. Buch contracts as these. It not universally. hxxfi br the great. rnas of authorities been held to be against public policy and unlawful In the, sense it being- unenforcibte between the parties. I must concede that the court have not always made tha distinction which I am endeavoring to prwent to your; "honors, but It rxVets In the. nature of things, and the- neglect to observe It has led. I should say. to me .confusion of thought. After citing a long list of decisions. Mr. Moody said: I conclude, therefore, that the agreement dis closed In the sixth paragraph of the ptit!r9 to suppress alt competition amonjr the parUes to It" In the purchase ot livestock so situated as to be the subject of Interstate commerce. Is within the meaning of the act. and In re straint of commerce, because In the words ot this court In the Northern Securities cast. "t destroy or restrict competition in interstate commerce is to restrain such commerce." Trust Has Admitted Main Point. Further replying to counsel, for the de fendant Mr. Moody said: It Is not the lets Interstate commerce be cause the manufacturer In one state, instead of taking his product Into another state for purposes of sale and there selling It, see nl to transport It to a resident agent' for the same purpose and with the same result . But these defendants have not always con tended that transact cms of thta class were Intrastate ad not interstate commerce. tVhen they wished protection of the National law, they claimed that such sales as (heicyefer ln terstate, and, therefore, under the protectldp of the Nation, and their claim has been twice sustained by' this court Two cases cited. In which he said tho defendants were the real parties, estab lished beyond doubt or cavil that the transactions of their agents In selling meats in other states than that of their preparation aro interstate commerce. He asked if those same transactions are not subject to the restrictions which may be imposed? Continuing. Mr. Moody said: Absolutely Control Price. The offense Is complete, when the combination is made. The combination Is not cured ot Its vice. If perchance some asent sees nt to di vide the carcasses before they are sold. Let not the offense of these defendants be ob scured by any refinement concerning the details of their conduct Controlling 60 per cent of the fresh meat In dustry ot the whole country, they sit down at their slaughtering and packing es tablishments, and. with the aid of the tele graph, through the Instrumentality ot countless agents anif attorneys spread throughout the country, clothing their transactions and shel tering their misconduct by ciphers and secret codes, lower or raise, and, when thus lowered or raised, fix and maintain absolutely, as among themselves, the price Of every pound of one ot the great necessities of lite as it enters- and follows the channels of interstate Lommerce. This Is an unlawful restraint ot commerce among the states, and was so de clared In the Addletone Pipe case, from which all the Ingenuity ot counsel cannot distin guish the xase at bar. '' Trust Gets Unlawful Freight Rates. Referring to the allegation in para graph ten he said: From this It appears that the defendants are all engaged In the common effort to ob tain unlawful rates, which they subsequently share or poo! among themselves, and that their succett contemplates no, only the pooling ot these unlawful rate, but the exclusion of all outsldo competitors from obtaining them. No competition can long endure agalcAt those who are. secretly and In defiance of the law, enjoying rates for the transportation ot their property in Interstate commerce which constitute a preference over all others in the same business. No more fruitful source ot monopoly can be found than the enjoyment ot preferential rates. The history of the country demonstrates this. How Trust "Works" Stockmen. In conclusion. Mi. Moody said: Thee are the main subjects of the unlawful conspiracy among the defendants. Others are set forth In the petition, the pur pose ot which is to make more effective the main conspiracy and render it less easy for the defendants themselves to escape from the performance of the unlawful con spiracy which they have formed. I will now consider these subsidiary agreements: First In the seventh paragraph of ths petition It appears that the defendants have agreed upon this device: . In pursuance ot the conspiracy among themselves, their agenta bid up the price of livestock at certain selected times to an abnormal point This naturally Induces the shipment from other states of livestock to the points where the price ia bid up In quantities much larger than under normal ' conditions. Then, taking advantage of this congestion of the markets, they refrain from bidding against each other in the pur chase of livestock, with the result that the producers and owners of the stock are forced to sell at ruinous prices. Thus the unlawful conspiracy to retrain from bidding against each other is made doubly profitably and (he great profits which ccme from the transaction In turn Increase the power of the combination and tend to fasten upon the people a monopoly. The conspiracy in this care is ancillary to the conspiracy to "refrain from bidding and to the creation of the monopoly which this whole case, dis closes. Second It is alleged In the eighth-paragraph that for the purpose of aiding in the raising, lowering and fixing and maintain- ,n" of uniform prices for fresh meat, the I iWfndant rnll.ilrlv restricted anil nir. ! tailed shipments of meats to the various . markets throughout the country. 1 Shipments Are Restricted, The word -collujlvely" fairly Interpreted means that they curtailed shipments by agreements with each other. Doubtless such transactions omttme mav be entlrelv le gitimate. This consideration Is recognized In the decree which exempts from its pro hibition the curtailing- of shipments made in good faith to prevent the congestion of mar ket. Third In paragraph eight penalties are Imposed against each other by defendants for all deviations from the price fixed, which needs no special comment. Fourth In paragraph eight, also, uniform rules for the giving ot credits are agreed upon. This of Itself might be harmless, but Its purpose Is ancillary to the main con- 1 splracy stated in that paragraph, namely, J the suppression of all competition among I the defendants. They will not allow them selves even to compete for the term of credit which may be given to their respective customers. Ko purchaser may go front one to another of these defendants and obtain the advantage of a single daya delay in the shipment of his bill. Fifth The same purpose is behind the agreement alleged tn the ninth paragraph of the petition, to make and impose uni form charges tor cartage. The price of the meat Is uniform; the terms of credit are uniform r even the rates of cartage are uni form; and all this comes about by the agreement of the parties and Is designed In. the most effective way to prohibit In the minutest' detail all posclble competition In prices. 1 .have now discussed, separately, all the agreements and acts of the defendants which were complained of as unlawful in the petition and enjoined by the decree of the court below. I have endeavored to show, with respect to each of them, that they relate to Interstate commerce, and either restrained It or monopolised it with in the meaning ot the law. i should be unwilling, however, to rest the case here. There U. a larger view o It to be taken tkaa arrears -from the allegations ia" tho petition co&siaered separately. Conspiracy at All Points. - These defendants are engaged In Inter state commerce. The petition shows a typ ical case of interstate commerce. If the business which they do, exclusive of man ufacture, is sot interstate commerce, there can be no. such thing outside of transporta tion. They buy their raiv material, which is gathered together from all the cattle raising states and territories of the Union and sent to the great livestock markets of the country. After- they have transformed that material into the finished product they sell it throughout the United States. The combination which they have en tered into Is designed to restrain all their business transactions. ex clusive of manufacture, by the suppression of all competition therein, both In their purchases and their sales, by the fixing and malntalniag of uniform prices- for their product and. so far as possible, uniform prices for their raw material, and by ob taining such unlawful advantages as tend to. create a monopoly In a necessity of life. They cannot be permitted to Ingeniously separate the various stepe of their under taking and so deal with them that they cn be regarded as Intrastate transactions. The court met and answered such a device as this in the case of Montague fc Co. vs. Lowery. 183 U. a. 38. There is was truly claimed that the sales ot unset tiles In San Francisco by the local dealers were con sidered by thenwelres Intrastate t ra reac tion i. The court held that the sales could not bo separated from tha main purpose of the combination, which was to fix and main tain uniform prices tor - goods which were the subject of Interstate commerce. Miller Wants Definite Charges. Mr. Moody concluded at 9 o'clock, and was followed by Mr. Miller, who closed the case for the packers. Mr. Miller said that necessarily the pre sentation of the case- must be confined within the limits of the bill of complaint, and that epithets could not be appealed to. as attempted by the Attorney-General, to make the case complete. In all other cases of like character there had been a distinct agreement but here, he said, the charges were all general and the' specifi cations indefinite conclusions of law or epithets. Mr. Miller took up the charges of re bates, and said the facts must be set up in some way before the court could take cognizance of them. There was no spe cification, and, as a consequence, the de fendants could properly respond only by demurrer. "Suppose?" asked Judge Harlan, "the combinations alleged were confined to do mestic commerce in the State of Illinois, would you consider it a restraint of trade?" Mr. Miller replied in the negative. Justice Harlan asked how it would be if there was a combination by coal miners to control the price of coal. Mr. Miller replied that It would depend largely on the extent of the combination, and also upon whether there were state anti-trust laws. The present case, lie argued, presents no analogy to the Addy Btcnc Pipe case, for in that case there was a division of territory among manu facturers. No such attempt was made in the case of the packers. Taking- up another line, he said cattle remain in the yards unsold and accord ingly were the property of the state for taxation and other state purposes. Hence the purchase must be considered an act of domestic commerce. No commerce be tween the states was involved. Denies Working Market. Justice White asked a question as. to the effect of an agreement to tlx the price of meat in another state, but Mr. Miller contended that the charge in the pending case did not go so far as that With reference to the charge that the packers bid up prices at certain places in order to cause Increased shipments, Mr. Miller said, if this were true, it was evident that cattle-growers would send to more desir able markets, and thus cheat the packers of the end sought. In conclusion. Mr. Miller contended for' the rights of the defendants to make spe cializations. It must-be remembered. Jie said, that agreements relating to Inter state trade are not prohibited, but that the prohibition extended to combinations In restraint of trade only. The purpose' of the Sherman bill was, he said, to en courage trade, and not-to shackle It but, if injunctions were to be granted on such plans as that before the court, then the end sought would not be attained. He concluded, as he began, by declaring that the method of proceeding was without precedent BEEF TRUST AGENTS ARE FREE Butte Men Held Not Responsible for Acts of Corporations. HELENA, Mont, Jan. 9. By order of Judge Smith in the District Court this morning-, nve agents, residing at Butte, who were arrested la the famous beef trust cases, were discharged from cus tody and their bondsmen exonerated. M. S. Gunn moved that they be dis charged on the ground thaUthe agents of a corporation are not liable tor the. acts of their companies. The motion was granted. The agents were arrested in the pro ceeding brought by ex-Attorney-General Donovan against the Armour & Co., Cudahy & Co., Swift & Co. and the Hammond Packing Companies, of Chi cago and Pueblo. The Attorney-General was granted leave by the court to have new sum mons issued in the cases. Await Arrival of Humes' Remains. SEATTLE, Wash., Jan. 9.-(SpecIaI.) Until the arrival of the Santa Clara, bear ing the body of the late Mayor Thomas J. Humes, is reportedi nothing more can be done by the committee having In charge the arrangements for the funeral. Late this afternoon nothing had been heard of the whereabouts of the steam ship, and it Is doubtful that any tidings will be had before sha actually arrives. This being so, the committee of prom inent men of the city, whom It Is desired to have the meet the body at the wharf, will necessarily be assembled hurriedly. Because of the posslbOlties of delay through storms that may detain the ves sel for two or three dayB on the way down from Alaska, no attempt has been made to fix even tentatively the day of the funeral. Steamer to Remove Vounded. ST. PETERSBURG. Jan. 9. The Hamburg-American Steamship Line has noti fied the Russian "authorities that it L? sending one of its largest ships from Klao Chou to Port Arthur with nurses and medicines and that it Is prepared to take to Klao Chou all the wounded pos sible. To reduce Rate of Discount. BERLIN. Jan. 9. The Reichsbank cen tral committee has been summoned for tomorrow in order to reduce the rate of discount. " I give him his Mellin's Food and he sleeps ' til morning-." How many mothers can say this of their babies? If your baby does not sleep -well it may be that he is sot properly fed. A poorly nourished baby is a poor sleeper. Mellin's Food babies are food sleepers. Oar book the "Care Jt i4mt af Is&ats," seat free, of chars;. 14XLLW3 POOD CO, BOCTOK, MAM. TMC KjkSsBjS? Mil. Backed op by over a third of a century of remarkable and uniform cares, a record !snch as no other remedy for the diseases and weaknesses peculiar to women' ever attained, the proprietors and makers of Dr. Pierce's Pavonte Prescription now feel folly warranted in offering to psy $500 ia legal money for any case of Leucorrhea, Pemale Weakness, Prolapsus, or Falliay ol Womb, which they cannot cure. All they ask is a fair and reasonable trial of their means of care. Very often a married womaa br yoaa girl does not know who to turn to for ad vice in circumstances where the dialikes to talk with the family physician about deli cate matters. At such times write to Dr. R. Y. Pierce, chief 0005311188: physician to the Invalids' Hotel and Surgical Institute, of Buffalo, N. Y., for free cos saltation and advice, and the scat will be held as sa credly confidential. It is foolish to consult women friends or persoas without medial training. Dr. Pierce's Favorite Prescriptioa cos tains no alcohol, is entirely vegetable and was the first exclusively woman's tcadc oa the market it has sold more largely in. the past third of a century than any other medicine for women. All other coaponads inteaded for womex oaly are made with alcohol, or alcohol k a large component this alcohol iajsrea ths nerves. The little red corpascles of tha blood are shrunken by alcohol. All sch compounds, therefore, do harm. Dr. Pierce's Pleasant PeHeta favigorate the stomach, liver and bowels. Use them with the "Favorite PrMCTiptkra when a pill is required. One is a laxative, tsw, a mild cathartic These winter mornings at cup of fragrant, delicious ground Chocolate would be worth waiting for. But Ghirardelli's Js made in a minute which is another reason why it is so popular. Smoother and more convenient than cake chocolate. C. GEE WO The Great Chine Doctor 1 called sreat because hia vreaasrful cur o well knowa throughout tha United States and because mt many people ar thank ful to htm for aartaa tfcelr Uvea from OPERATIONS 10 treats any aud ul lseas wltn -powertaj Cbtnetfa herba. roota, buds. bark, and vea-ata-bls, tbat ar entirely unknown to medical ..inrw tn ihta eflnntrr. aad inxouaa V. v.-Sh -7tl of 1 attca. 7nls jjjbou r Thlt hu sittru. fJ,V JP? SBr.SS Tueaiel He sruarantej Add r taint CONSULTATION FREB Patienu out of the dtr write for blank and circular. Inclose stamp. Addreaa THE C GEE WO CHINESE MEDICINE CO. 2S3 Alder Street aceatloa thle paper.' Pertiani, Or Etalrway of Alder leading to my office. BAJA CALIFORNIA , DAMIANA BITTERS Is a powerful aphrodisiac and opeclflo tonls for the sexual and urinary organs of both sexes and a great remedy for diseases of tbe kidneys and bladder. A great Restorative, lnvlgorator and Nervine. Sells on its own merits no loaj wlnded testimonials necessary. SENORITA QATHERIHO DAMlAMA. , For sale by all druggists or liquor dealers. JfABEB. AT.F3 U BRUivE, Agents. , S23 Market sc. S&n Traactsco. Send for circular. Scott's Sanlal-Pepsin Capsules A POSITIVE CURE TorlsflazamatloB orUatarrhof the Bladder and Diseased Kid. ItTI. SOOTTXZSOZAX. UBTFS mleklr and cermnaaatlr tb4 Iworst essee of aesecrss and Sleet, no matter cf ho longstanding. Absolntely ismiess. 001a dj utujsi. paid, elioTs boxes. C7S. THE SANTAL-PEPSW GO. r.:lltfietaJe. OMs). WOODAtiD. r CO. PORTLAND. F REE LAND IN OREGON in the richest rrain, four sad stock lection in the world. Thonancs of acres ofland it actual cost of irrigation. Deed direct from Sate of Oregon. WRITE TO-DAY. BOOKLET and MAP FREE. Deschctes Irrigation and Power Ccm-panr,6xo-i i-iaMcKayBaMn,Portkad,OrEjoa. MEW om www iYlLn EEYEIOPEJ r,Tmm tnu Kltfcout mtdlcls of xll irtu Imrnu rarleecete aa6 Vrstbral obstruction. 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