I
VOL. XLIV. XO. 13,774.
P0BTLA3SD, OBEGON, TUESDAY, JANUARY 31, 1905.
PRICE FIVE GENTS.
EATEN BACK
Russian Attack Ends
in Disaster.
BATTLE IN BUZZARD
Terrible Sufferings of
Soldiers in Snow.
VICTORY OF NOCl'3 MEN
Japanese Now Move to Cut Off
Russian Left
WHY KUROPATKIN FOUGHT
Belief In Japan That He Was Ordered
to Win at Any Coct Both
Sides Lose Heavily
The Details,
SPECIAL, CABLE. '
TOKIO. Jan. 21- The troop -which
twice captured Port Arthur, once from
the Chlnere and then again from the
Jtusfilans. have administered a defeat
to General Kuropatkin's army from
which ft cannot posaibly recover dur
ing the Winter. Field Marshal Oyama
has vent a dispatch to Imperial head
quarters Indicating that the conquer
ors of Port Arthur were sent by him
to meet the enemy in the bloody battle
just decided, owing; to their long prac
tice under arms and their tried abil
ity to withstand the hardships of this
awful JJanchurian Winter. The result
Z tb struggle so far has proved the
wisdom of his course.
Every dispatch received from tho
.front in is at Wifcter horrors such' a
co other luutlUg army ever .had. to
contend. wjOu 3aany inches of snow
cover th country as far as the eye
can The rldgea are enow-filled.
Avalanche upon avalanche has tumbled
Into the trenches. Inflicting- untold
tunrlng upon tho soldiers therein.
lore men have been Incapacitated by
the ravages of the cold than by Rus
sian bullets, and It Is no uncommon
Jght to meet -whole croups of Japan
ese soldiers prostrate In the deep snow,
usable to move, benumbed -with the
cold, their hands, feet and faces frost
bitten and the driving snow- piling
tip over them like a living grave.
Prom the first moment of the struggle
to the hour when the last telegram
received here was sent, a blinding
(now storm has been howling over the
battlefield.
Winter Counted Rcssla's Ally.
The descriptions received here make
ll almost incrodible that General Ku
Vopatkin should have decided to begin
tils 'advance movement in the
face of such conditions, but be
Voubtle&s figured that bis men
Xould be more Impervious to
the terrible cold and lashing wind
than the Japanese. H was correct, in
asmuch as those of the Japanese re
serves which were sent out to meet the
Attack suffered roost and went against
the storm ere they came within range
of the enemy's guns. At times the
movements of the regiments were so
low that they seemed to be- rooted in
The snow, only swaying slightly for
ward under the pressure of the bllr
sard.
Field Siarshal Oyama's dispatches
have convinced the military author!
ties brre that be was by no means
anxious to engage in the battle and. In
fact, permitted the Russians to take
several positions in his vicinity to
kt the troops from the unspeakable
strain of fighting in the storm. But the
Russian advance was made with such
energy and determination by large
bodies of troops occupying miles of
ground that Oyama finally decided to
cevpt the challenge.
Greater Feat Than Ncgi's.
A largo portion of General Nogi's
array, both his regulars and his re
serve, were placed in the vanguard.
Among them were thousands of veter
ans of the Chlno-Japanese war. who.
having done service In Manchuria in
the Winter, were able to make prog
ress and tue their arms where less sea'
soned troops would have been para
lyzed. The victory gained over the
Russian right array is considered here
even a greater feat than was the cap
tura of Port Arthur, for. while the
battle raged, there were ne trenches
to seek protection in and every shot of
the enemy was made mere deadly by
the indescribable cold. For this rea
son the news from the front that Field
Marshal Oyama is new following up
his advantage with relentless energy
has been received with amazement.
May Cut Off Russian Left.
General Oku telegraphs that he is
engaged In executing an enveloping
movement around the Russian forces
which, by occupying the neighborhood
of Pokotxal. are protecting the Russian
left, Jf he succeeds, he will have ep
srated the Russian left array from the
center placing- it at the mercy of the
Javanese now crossing the Hun River
to the right Bhore, where Field Mar
shal Oyama Intends to make his vic
tory complete by driving the Russians
out of their camps and Winter quar
ters and forcing them towards Mukden
and then to the westward.
Imperial military headquarters have
so far failed to receive advices of the
number of casualties. Those who fell
wounded are. it is feared, doomed to
death through exposure, as the hospi
tal corps are not able to work prompt
ly and with dispatch in the blizzard.
Conservative estimates received from
correspondents at the front by Japan
ese newspapers place our losses at 5000
killed and wounded at least, but all
agree that the 'Jtasslan casualties' -were
twice as heavy. -
Ordered to Win at Any Cost.
This fact leads the authorities here
to believe that General Kuropatkln
was under orders to win the battle, no
matter what the cost, and that he be
gan his movement with a disregard of
human life even more appalling; than
that which characterized the Japanese
attack upon Port Arthur. It is pointed
out that., if Kuropatkln acted under
special instructions, he has been sent
to defeat for the third time by those
who desire to wipe out every setback
at home and on sea by compelling a
victory In Manchuria. -The Russian
rnmm-jnflfr .-Itr la believed here, would
not of his oiiMW'sivt sent his
men Into battle at this time. Every in
dication but a week; ago pointed to his
desire to prevent a. dash during, the
Winter.
HE BLAMES THE WEATHER.
Kuropatkin's Explanation of Failure
of His Attack.
ST. PETERSBURG, Jan. 30 (11:00 P. M.)
General Kuropatkin's attempt to break
through the Japanese left wing and out
flank Field Marshal Oyama's position on
the Shakhe River seems to have failed en
tirely. Few details, however, aro avail
able beyond the information contained in
the official dispatches. Field Marshal
Oyama, as at the battle of Shakhe River,
appears to have answered the Russian ad
vance with a counter-offensive movement.
but no great disposition was shown to
carry tbo warfare Into the territory held
by the Russians.
At the "War Office there Is an inclination
to lay the chief blame for the failure of
the movement on a sudden change of tho
weather to intense cold (20 degrees below
zero), with a high wind, which drifted the
snow and rendered it hazardous to expose
the troops to camping in the open plain
and also impeded the transportation of
guns, supplies and the wounded.
The operation intrusted to the second
army, under General Grippcnberg. the
capture of Sandepas proved too bard a nut
to crack, and the Japanese, faking ad
vantage of the check of the Russians, hur
ried up their reinforcements and assumed
the efferauYe. oh tho Hun .Slver, as well as
along the railroad and the Grpat Man-
a aria 3nd.
The tvjwlaasf livwwer. np
i y
have beta completely n-ecs8rul j
on the defensive, repulsing alltae Ju-p
ancse attacks. Under the circumstances '
General Grippenberg decided not to press
the attempt to storm Sandepas, which Is
situated In a flat country and therefore
more difficult to take by assault than a
position in a hilly country.
Owing to the flat trajectory and the
enormous penetration of modern projec
tiles, the capture of tho outer-line trenches
on Thursday entailed heavy casualties.
There is no official estimate of the losses,
but It Is expected that some thousands on
both sides were killed or wounded.
The news of this defeat, coming at this
time, is especially hard for tho Govern
ment. The popular Idea continues to be
that the advance was undertaken in order
to divert the attention of the people from
events in European Russia.
JAPANESE MAY NOW ADVANCE
Every Available Man Pushed to the
Front, as Russians Found..
MUKDEN, Jan. 73, via Tien Tsln, Jan.
30. Official reports published in the army
newspaper show that the entire east was
undisturbed except by small scouting af
frays during the fighting at Holantal and
Flechiachungtxu (Helkoutai and Chen
chiehpao). The army is now working
under the new organization, and entirely
new orders throughout, these even af
fecting the newspaper correspondents
most vigorously.
The creation of Increased fortifications
in the center by both armies, resulting
in both sides heaping their reinforce
ments on their flanks, reaches a point
where that side falling behind will slowly
be forced to precipitate a battle. The
present state of. affairs is apparently due
to the clear, cold weather. The Japan
ese have advanced every available man to
the front. It Is reported that Xiao Tang
is deserted by Foldlers. The railroad
south of Llao Tang is strongly held, and
eccial!y the bridges, which the Cos
sacks report are unapproachable on ac
count of the armament of tho former
Rufjtlan defenses and the supplementary
Japanese works.
In addition to Holantal and Flechla
cbaungtzu. three other villages, not Im
portant, wero occupied by the Russians,
two of which have already been relin
quished. More has been learned of the magnitude
of the Japanese strength opposite the
Russian offensive movement, and as the
Japanese appear disposed to thow their
strength, it probably will result In the
Immediate restoration of the original lines
of defences, if not in a Japanese ag
gressive movement.
The final reports give the losses at Ho
lantal and Fiechlachaungtzu as less than
at first announced.
The Russians appear to have satisfied
themselves of the strength of the Jap-
ADVANCE IS ABANDONED.
Russian Plan Failed and Only Result
Is Serious Losses.
ST. PETERSBURG. Jan. 30 P. M.)
The Russian advance movement against
the Japanese left has failed and General
Grippenberg has notified the Emperor he
has discontinued the offenslre.
General Mistchenko and General Kon
dratvltch. while not seriously injured,
have been obliged to relinquish their com
mands. The War Office gives no estimate
of the Russian losses, but they are be
lieved to be heavy.
Revolutionists Arc Driven Out.
BERLIN. Jan. 31 The PniKSUn Gov
ernment has expelled two Russian stu
dents who were arrested yesterday on the
ground that, being engaged la advocating
a revolution In Russia, they were not -de
drablo rttfdcsts.
AN EQUAL GH
President's Policy on
Commerce. Laws.
MATION MUST CONTROL
If Constitution Does Not Allow
This, Change It
BEST THING FOR RAILROADS
Policy of Administration on Control
of Corporations and Railroads Is
Clearly Defined In Speech
to the Union League.
PHILADELPHIA, Jan. SO. President
Roosevelt was the guest of honor and
principal speaker tonight at the 42d
anniversary banquet of the Union
League- The President came to this
city over the Pennsylvania road from
Annapolis, where he attended the ex
ercises this afternoon Incident to the
graduation of the senior class of cadets.
An immense throng greeted Mr.
Rosevelt at the railroad station, and
he received an ovation on his way to
the Union League. At the clubhouse
he pas sod through two lines of cheer
ing members to the reception-room,
where from 6:15 to 7 o'clock he stood
and shook hands wltix several hundred
prominent citizens. Tho first troop,
Philadelphia City Cavalry, acted as the
President's escort while he remained In
the city. When President Roosovelt
arose to make his address he was
greeted with long-continued applause.
Then the enthusiastic assembly stood
and sang "The Star-Spangled Banner,"
accompanied by the First Regiment
Band, X. G. P.
President Roosevelt in his address
said:
This club was founded to uphold the
hands of Abraham Lincoln when he stood
as the great leader In the struggle for Union
and liberty. "We have a right, therefore, to
appeal to this club for aid in every gov
ernmental or Koclal effort road along the
lines marled o'tt by Lincoln. T2r gnu Pr
Ident taught niiiny leetona -which wo who
come after htm .should learn. Amonr tho.
' P'oyQ mft tftgtto theao fraCtSl&Qn tha
for wi or lor woe we are" Indluolubt
bound together. In whatever part of the
country we live, whatever our social stand
ing, whatever our wealth or our poverty,
whatever form of mental or physical activ
ity our life work may assume. Lincoln, who
was, more . emphatically than any other
President we have ever had, the President
of the plain people, was yet as far removed
as Washington himself from the slightest
taint of demagog'. With his usual far
sighted clearness of vision he saw that In a
Republic such as ours permanent prosper
ity of. any part of our people was conditioned
upon the prosperity of all; and that on the
other hand any effort to raise the general
level of happiness by striking at the well-being
of a portion of the people could not but
be in the end disastrous to alt
Bight Principles Essential.
The principles which Lincoln applied to
the solution of the problems of his day are
those which we must apply If we expect uc
cessfully to solve the different problems of
our own day problems which are sc large
ly industrial. Exactly as It is Impossible to
develop a high morality unless we have as
a foundation those qualities which give at
least a certain minimum of material pros
perity, no it Is Impossible permanently to
keep material prosperity unless there is-back
of it a basis of right living and right think
ing. In the last analysis, of course, the
dominant factor in obtaining this good con
duct must be the individual character of the
average citizen. It there Is not this condi
tion of individual character In the average
citizenship pf the country, all effort to sup
ply Its place by the wisest legislation and ad
ministration will In the end prove futile.
But given this average of Individual char
acter, then wine laws and the honest ad
ministration of the lawn can do much to
supplement it. If cither the business world
or the world of labor loses Its head, then it
has lost something which can not be made
good by any jrovernmental effort. Our faith
SALIENT POINTS OF THE
It is impossible permanently to keep material prosperity unless
there is back of it a basis of right living and. right thinking. -.
Neither this nor any other free people -will permanently tolerate:
the use of the vast power conferred by vast wealth, especially in its
corporate form, without lodging somewhere in the Government the
still higher power of seeing that thus power, in addition to being
used in the interest of the individuals possessing it, is also used for
and not against the interests of the people as a whole.
AH great business concerns are engaged in interstate commerce,
and it was the intention of the founders of our Government - that
interstate commerce in all its branches .and aspects should be under
National and not state control. If the courts decide that this inten
tion was not carried out in the CiistitulipriT$hen the Constitution, if
not construed .differently, will have to be ainOTded.
The greatest need is for an increase in" theRo"wer of the Nationali!
Government to keep the-pat highways of commerce? open alike fo
all on reasonable and equitable terms. ' -
There must he lodged in some' tribunal the powerfver ratesandv
especially over rebates, secured m an manner, whiEh will protect
alike the railroad and the sfiipper, and' put the big shipper and the
little shipper on an equal footing. f
We are striving to see that the man o small means has exactly
as good a chance, so far as we. can obtainit'ffor himas the man of
larger.'means; that there shall Be equality ofopportunity for the-qne
ns for.the other. :y y
Ours.is not a Govemmenit which recognizes-classcsT It is basetl
in tho future of the Republic Is firm, be
cause we believe that on the whole and In
the long run our people tSlck clearly and act
rightly. "
Most Control Corpora ties.
Unquestionably, however, the great de
velopment of industrialism means that
there must be an Increase in the supervi
sion exercised by the Government over
business enterprises. This supervision should
not take the form of violent and UUadvlsed
interference: and assuredly there is danger
lest it take such form If the business leaders
of the business community confine them
selves to trying to thwart the effort at regu
lation Instead of guiding it aright. Such
men as the members of th,ls club should lead
In the effort to secure proper supervision
and regulation of corporate activity by the
Government, not only because it Is for the
interest of the community as a whole that
there should be this supervision and regula
tion, but because in the long run it will be
In the Interest above all of the very people
who often betray alarm and angef when the
'proposition Is first made.
Xelther this people nor any other free
people will permanently tolerate the use of
the vast power conferred by vast wealth,
and especially j prjaVhUr "ity corporate
form, wifctrm,- lodging MJonsewhere lri the
Gor&roCent the still higher-power of seeing
that this power. In addition to being used
In'the Interest of the individual or Individu
als possessing it. Is also used for a&d not
against the interests of the people as a
whole. Our peculiar form of government, a
Government in which the Nation Is supremo
throughout the Union in certain respects,
while each of nearly a hundred states Is su
preme in its part of the Union In certain
other respects, renders the task of dealing
with these conditions especially difficult. lio"
finally satisfactory result can be expected
from merely state action. The action must
come through tho Federal Government- The
business of the country Is now carried on
In a way of which the founders of cur Con
stitution could by no possibility-have had
any idea.
Should Amend Constitution.
All great business concerns are engaged in
interstate commerce, and it was beyond
question the intention of theTfounders of
our Government that Interstate commerce in
all its branches and aspects should be snder
National and not state control. If the courts
decide that this Intention was not carried
out and made effective In the Constitution
as It now stands, then in the end the Con
stitution, if not construed differently, will
have to be amended so that the original un
doubted Intention may be made iffective.
But. of course, a Constitutional amendment
Is only to be used as a lasE resort. If every
effort of legislation and administration shall
have been proved Inadequate.
Meanwhile the men In public life and the
men who direct the great business Interests
of the country should work not In antagon
Ism but in harmony toward this given
end. In entering a field where the progress
must of necessity be so largely experimental
it Is essential that the effort to make prog
ress should be tentative and cautious. We
must grow by evolution, not by revolution.
There must be no hurry, but there must also
be no halt; and those who are anxious tbat
there should be no sudden and Violent
changes must remember that precisely these
sudden and violent changes will be rendered
likely If we refuse to make the needed
changes. In cautious and. moderate manner.
Must Sula HCTArwls.
- -XLrdie prsect ynosieat the greater, nrrtl
u tor. an increase hi vie jer ut n-3 -.-
(jtlonrfjtfcweromentc Jcrep the sreat, pigh-
2trar"oi commerce-open xiikb. to ail onirra.-
sonable and' equitable Jerms. 'Less thana
centtrry ago (these highways wer; still; as
they had been since the dawn of, history.
cither waterways, natural or artificial, or
else ordinary roads for wheel vehicles drawn
by animal power. The railroad, which tvs
utterly unknown when our Government was
formed and when the great principles. of our
jurisprudence were laid down has now be
come almost everywhere the.' most Import
ant. and. In many large regions, the only
form of highway for commerce The man
who controls its use cannot be- permitted to
control It In his own Interest alone.
It is not only just but It is fh the Interest
of the public that this man should receive
the amplest payment for the masterful
business capacity whirl!- enables him to
benefit himself while benefiting the public;
but in return he must himself ' recognize
his duty to the public. He will not and
cannot do this if our laws are so defective
tbat In the sharp competition of the busi
ness world the conscientious man Is put at
a disadvantage by his less scrupulous fel
lows. It Is in the Interest of the conscienti
ous and public-spirited railway man that
there should be such governmental super
vision of the railway trade of the country
as to require from his less scrupulous com
petitors, and from unscrupulous big ship
pers as well, that heed to the public we!
fare which he himself would willingly give.
and which Is of vital consequence to the
small shipper. Bvery Important railroad la
engaged In interstate commerce. Therefore,
this control over the railroads must come
through the National Government.
'Character of Control.
The control must be exercised by some
governmental tribunal, and it must be 'real
and effective. Doubtless there will be. risk
that occasionally. If an unfit- President- Is
elected, this control will be abused; but
this Is only another way of saying that
(Concluded, on Page 4.)
PRESIDENT'S SPEECH
1 -
CITY OF BLOOD
Battle Rages in Streets
of Warsaw.
DRUNKEN SOLDIERS KILL
Strikers Raise Red Flag and
Open Attack on Troops.
NO RESPECT-FOR-AGE OR SEX
Day and Night of Slaughter in Pol
and's Ancient Capital Over 1000
Are Killed and Wounded
Jewish Quarter Attacked. .
MANY DROWNED AT RIGA.
BERIJJf. Jan. 31. The Vceslcbe ZI
tung's Riga letter sajs the official re
port of the number killed and wounded
In the riots there is far below the actual
number, elnoe it only included those de
livered at the hospitals, whtle unknown
numbers lost their lives by drowning.
When the soldiers fired on the crowd
many rushed down the rocky shore to
escape across the river on the Ice,
which broke under them. A snowstorm
was prevailing at the time and the
temperature sinking, which caused the
river to freese over again, and In con
sequence no bodies have been recovered.
SPECIAL CABLE.
"WARSAW, Jan. 31 (1:30 A. M.) Another
day and half a night of horrors have
passed. As this dispatch is sent, the city
is ruled by savage mobs and more savage
soldiers. Both are Intent upon killing.
No official statements are obtainable at
this hour, but when the cost in human
lives comes to be counted there will be
found dead by the hundreds men, women
and children.
Bvery principal street has been turned
raw a -aattieneia. it is- impossible to re
cord, the events of the oast 21 hours-ln.
chrjoglcal ordrr;"for many .conflicts"
occurred: at the "same time In sections of
theclt$r!dl7 distant from each 'other.
Thrbugh3ulh-dfty and night the fight
ing the-streets continued unabated.
Everybody young and old, men. women
and children was attacked by tho soldiers
and ruthlessly mowed down. One soldier
aimed a saber blow at a woman. In self-
defense she drew a revolver and fired a
shot which went wild. A second later a
volley was directed at her, and she fell
dead, her body riddled by a score of bul
lets. This is but one of a hundred in
stances.
For the most part the soldiers who rode
and tramped through the streets during
the late afternoon of Monday were drunk.
They seemed to take particular delight In
attacking harmless persons. They killed
for the mere sake of killing.
Every hour brings new reports of acts
of almost inconceivable brutality commit
ted by individual soldiers. One drunken
Cossack killed two children before his
comrades could deprive him of his car
bine. As the night wore on, the strikers
grew bolder. The red flag was raised over
several houses and large bodies of men
made open attacks upon the military.
Shortly before midnight fusillades were
directed at passing soldiers from windows
in various streets.
The riots begin to assume an anti-Jewish
character. The streets in which many
Jews keep shops are especially marked
for plunder. The "Woladlska, inhabited al
most exclusively by Jews, Is reported to
be the wprst for rioting in the city.
At 3 o'clock Tuesday morning a. state
ment was Issued by the Chief of Police,
placing the number of casualties In this
city during the riots so far at 10GO. It is
believed that this estimate Is very con
servative, as It includes, only those killed
and wounded reported to the authorities.
STORY OF THE FIGHTING.
Strikers Shoot and Stab Soldiers-
Hunger Makes Mob Desperate
LONDON, Jan. 31. The correspondent
at Warsaw of the Dally .Mall telegraphs
as follows:
f. . 'The street-railway service here has
bjijn, partly resumed, with soldiers riding
before and behind most of the cars. Some
cabsare running. Street fighting contin
ues, and the mob Is growing in a danger
ous -fashion: tJChere have Been frequent
COUlSM)D3'DCCWCn i"C people ana Banners.
Revolutionists attacked the , -troops wwltlr
revolvers and knives. -ft-
"The principal disturbances . today oc
curred In Noviswiat street, a leading
business thoroughfare. At 11 o'clock Sun
day night a reglmenrbf Infantry marched
to this thoroughfare from Smolna. street.
when somebody fired drt-them, where
upon ( the troops -wore ordered to forsaa
square and fire front four sides. - '
.'"Any. . criticism of the, troops must be
qualified, by the fact that they are. fight
ing under trying conditions, being Con
stantly exposeoito snipers ana occasion
ally stabbed by. passers-by. Generally the
troops are well-behaved, but sometimes
there are excesses'-by individual soldiers
who have become intoxicated. One such
soldier killed two -children before his coin
raaes were, able, to disarm, him.
"There have been many sad cases -of
wholly innocent people shot accidentally
as .they turned street corners. There are
trsaabrs that hundreds have been killed in
flghtins In the suburbs: .but I have per
sonalty Investigated every such report and
learned that there has been a cosipara
Uveiy small death roll.
""-Fighting was renewed this .morning.
people firing from their houses on the
troops in Neveswlat street.
"I cannot find a single shop unharmed.
All have been plundered, and most of
them have been burned. Jewish shops
have been the special mark for plunder.
"In the Wola district, which Is reputed
to bo the most riotous, I found reports
much exaggerated, bat the district is held
by an enormous body of troops, and has
the appearance of an army headquarters.
A mob of desperate and hungry women
tried to thrust soldiers bayonets astde to
get at a bakery. The guard proved good
natured and avoided hurting the women.
I am accustomed to the scene of misery,
but the haggard, starving wretchedness
of these women wlB haunt mo to my
dying day.
"The troops and people had a little
pitched battle here, before military rule
was established. Even now the slightest
weakening of the military would result
In an immediate recrudescence of vio
lence. Many rioters, who have been ar
rested were found to be armed, with long
knives and a uniform kind of revolver,
confirming reports that the revolutionary
party some time ago succeeded in smug
gling thousands of revolvers.
"The situation on the whole has not im
proved. The rioters avoid open conflict,
but seize every opportunity to kill ' the
troops. Many people are afraid to venture
into the streets, but young- women of the
lower and middle classes court danger in
the worst disturbances, merely for the
love of excitement. Food is almost un
procurable, and bread is at famine prices.
The ambulances are busy day and night.
"God help Warsaw!"
BOMB CAMPAIGN BEGINS.
One for Russian Diplomat, 'Another
Thrown at Paris Police.
PARIS. Jan. 30. The police early today
discovered a supposed bomb with a tube
attached, containing a lighted fuse, in
front of the house of Prince Troubetskoy,
an attache of the Russian Embassy here.
The policeman extinguished the fuse and
Informed the authorities, who are Inves
tigating the affair.
The bomb was bottle shaped and of
small dimensions. It was filled with a
green powder. There were two tubes In
the center, one of metal and the other of
glass, containing acid. Owing to faulty
construction, the acid could not have
mixed with the powder, and, as it Is, the
bomb could not have done damage.
A meeting was held this evening in the
(Concluded on Page 4.)
CONTENTS OF TODAY'S PAPER
The Weather.
TODAY'S Generally fair, winds mostly north'
easterly.
YESTERDAY Maximum temperature. 45 de
grees; minimum temperature, S5 degrees;
War In the Far East.
Nogl's veterans repulse Russians, and Japanese
now move to out off Russian leit. Pago 1.
Both, armies suffer terribly In blizzard. Page I
Kuropatkln ordered to- win battle at any cost.
Page 1. " ,
;Jafcan "snswers--rpsaia's charge that ihe vES
latea uninese neutrality, rage s.
All powers agree to respetimtegritytoC-China.
, Page 3. .
The Octbreak.' ln; Russia.
Warsaw the sceuc of terrible-riots. Thousands
slain. Pare I.
Many drowned at Riga In fleeing from the
troopa. Page 1.
Etate of siege proclaimed in Polish . cities.
Page 1.
Provincial council warns Czar to grant free
dom or lose- crown. Page 1.
Bombs placed against door of Russian diplo
mat and thrown a t police in Paris. Page I.
Foreign.
British furious with Russia for attack on Con
sul at Warsaw, and demands explanaUon.
Page 2.
Russians accuse Britain of Inciting strikes,
Page 2.
British evidence before North Sea Commission
closed. Page 2.
National.
Senate flxea day for .vote on statehood bill.
Page 5.
House committees report Klamath Irrigation
bill. Page 3.
House passes bill ' dividing Washington into-
two Judicial districts, and Foster will sup
port It. Page 5.
Supreme Court unanimously decides against
beef trust. Pageil.
House committee agrees on bill to regulate
railroad- rates. Page S.
Arizona likely to be left out of statehood bill.
Page 5.
Political.
Canvass of Denver voteCln Colorado contest
shows one-third of ballots to be fraudulent.
Page 5. ,, .
Presfdent Roosevelt SDeaks on control ot rail.
roads and corporations at Philadelphia; oif1
foreign policy and .the Army and Navy at
Annapolis. " '.Page, 1.
Domestic
Federal Supreme Court decides to heae'Harrl
man's appeal In mrser--uItXL Page' 4.
(Appeal of postofflco boodlera denied., "Page 4.
Hocb. the Chicago Bluebeard, captured. Page 3.
Commercial and Marine.
Northern Securities drops eight points on Su
preme Court decision. Page IS.
Good demand for cash wheat In the East.
Page 15.
Advances In barley and wheat at fean Fran
cisco. Pare 15. ' 'r
Contrabandcargo tcr5i. awaiting steamer.
Steamer Oregon goes on San Francisco . run.
Page 14. ,
Pacific Coast.
Edwin .Stone, ot Albany, succumbs to In-
. Juries and bums received In a Newport, Or.,
hotel.-. Page 7.
Decisions banded down In the Oregon Supreme
Court. Page 7.
Two Olympia, Wash., saloonkeepers arrested.
for running gambling-honsess.. Page 7.
rger McintyreJj'iT 'axrestSiaNeV- "S
Tork.
Paetto CoBatlstetuMS. '
Proceedings In Senate and' House at .Salem.
Page 6.
Sensational charges against State Senators
in uaiuornia. 1'age i.
Firemen's pension bill meets opposlUohat
Portland and Vicinity. l
Liquor license committee recommends- that
-' licenses of 23 combination houses In. the
North. End be revoked. Page12. ' v
Sheriff Word,. wins onY'in fils flgatvagalhs
Members of theCounctf agree tOf appropri
ate si&uu xor trip tnrougn rjautcJrnia-
Page IV
Dressed in woman's clothing, masculine
robber goes through rooming-house in
daylight. Page 11.
Two Portland boys gaining scientUlc recogf
Ing birds. "Page 14.
Dr. Sohannon arrested and charged with
practicing- wlthdutj a Ucense. age 10.
Police and city detectives, raid ig mitt"
establishment ana arrest seven men.
Page 11.
Olympic games, atr to be held during- Lewis
asa v.jar .exposition, jrage 4.
Madame Melba. xlvea ovation during her
oQsert. Pase 8.
S I M1QPBLK
Court Condemns Beef
Trust
IT VIOLATES THE LAW
Federal Supreme Court
Unanimous on Case.
JUSTICE HOLMES1 OPINION
Operations of Packers Are-Interstate
Commerce
AND THEY RESTRAIN TRADE
Government Wins Suit on Every
Pointer Court Only Suggesting
Slight Changes In Injunction "
Attorney-General's View.
WASHINGTON, Jan. 30. The Suprema
Court of the United States today decided
the United States vs. Swift & Co., known
as the beef trust case, charging conspir
acy among the packers to fix sprlces on,
fresh mcatj and like products. The
opinion was handed down by Justice
Holmes and affirmed the decision of the.
court below, which was against the pack
ers. In his opinion. Justice Holmes discussed
at length the various contentions of the
packers, and disposed of them individual
ly. He admitted that some of the
charges were less specific than desirable,
but said this was necessarily true on ac
count of the vast extent of the field cov
ered. He added that, sufficient evldenca.
fenBes and a&'ofTefls6'bt- -such a nature
the packers under 'the-Sherman aritl-trtutt
law by tltcT lower courts' out suggests cerv
tain modifications; The opinion watf -concurred
In by all the members of the
court.
What the Charges Were.
Summarizing the bill. Justice Holme
said: .
"It charges a combination, of a dominant
proportion of the dealers In fresh meat
throughout the United States not .to hid
against each other in the livestock mar
kets of the different states, to bid up
prices for a few days in order-to induce
the cattlemen to , send their stock to ih&
stockyards: to fix prices at which they
will sell and to that end to restrict ship
ments of meat when -necessary; to estab
lish a uniform rule of credit to dealers
and to keep a black list; to make uniform
and improper charges for cartage, and
finally, to. get less than lawful- rates .from
the railroads to the exclusion; ot compet
itors." - '
Referring to the allegation of lack- of
continuity, in the charges, ha said:
"Whatever may be thought concerning
the proper construction of the. statute, a
bill In equity Is not to be reafl and con
strued asan Indictment would have been
read" and. construed 100 years ago,, but It is
to be taken to mean what it fairly conveys
to a dispassionate reader by a fairly ex
act use dfiEngllsh speech. Thus read, the
bill seenis to us Intended to, allege suc
cessive elements of a single connected
schemeJ'? " '
! He disposed of the chargeof, 'multifa
Rrlousness'in the followlngplanguager
W i-awMppues to tne .rrust
, The -scheme, as a. whole -gee ms to us to
he wlthfti reach of the law. The constitu
ent elements, as.we have stated them are
enough togiv& to the scheme a body add,
for alUthat we can ..say. to accomplish it.
Moreoyer, whaieverwejmay-hikottiern
separately, whenjvetake-thenijip as dis
tinct charges- they are- alleged" as 'elementa
of the.icheme.'-Tft Is ' suggested! 'that fha
pever-ctej.charged are lawful and that
juiojt'can oiajta no amerence. isut they
arer bound together as the parts of a jingle
plan. 'The plan may make the parts
.unlawful, Intent, is almost essential to
jroch a-.conventlonand Is essential to such
-aiJLanempi. v cere acts are not -stiff Icient
In:limBelves to proauceria) result - whlc n
the law seeks to preventfor -instance,
the monopoly-but require, furtaei; acts in
additIan-fto the roere' forces of Mature toi
bring hat result io 'paes, ariUntent a
bringr fp'pass isnecssaryi:rorder to-produce
a .dangerousprobablllty' that'- it will '
h&ppen.1.
VTrust Attempts Monopoly.
The combination alleged embraces -re"
strafnt And" monopoly of trade within, a
.single? state, , .although - ifaeffect; upon,
conomerco among; thea'tateer'lan.oi acci
dent, secondary) gemote or merely .prob
able" '
Speaking further on the question of in
terference .wilhijinterstite commerce JifsV
tlceolmesisaidjthaiia: charge was made
bt a.cbinbInattion of lhaepezuvsnt dealers
to restrain ihe competlflonof aajente
whfc -ptbchasfr stock 'for' theat'lk the
stockyas. '. '
"The purchasers iand their slnghtri
ing estaolIshmentB are," he si3,v'Msse
Iy in "different-states from, those-of th
stock-a"rds, and" the sellersf'".e-f tle. cattle,
perhaps; 'It la? Tib I too"rnSchA?te assume,'
largely? in different staCw froiav either. '
The- Intent of the eoasMriatfon.; -Ur, not
merelv .to' restrict com-dntidirm afwwne-
-parflesbuf,;. as we "fcave- said, by" force
or the; general allegation at ,thr-ead ot
the blili to-md In arj attempt to TnjhiTrD
llze commerce among: states S ' -,
He added: "Wlsen ;ea.tItie? ar--wt for
sale- frdm a place- ln.;pae'at,'w4ff the
expectation Jhat they will thw tran-.
clt' after purchaser 4n another, and when
in effect they" dp so, thk- only' ' lnter-
i