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
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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
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THE SANTAL-PEPSW GO.
r.:lltfietaJe. OMs).
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F
REE LAND IN OREGON
in the richest rrain, four sad stock lection in
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1