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YOL. XLV.- ya 14,016. I PORTLAND, OREGON, THURSDAY. yOVEMireR n, -im. ttp
HEARST VI GTG R
N FIRST ROUND
r-t n i "T I
t lection Ketlirns I aken
From Police.
HIS CONTEST IK FULL SWIKG
Wholesale Fraud Is Alleged
Against Tammany.
JEROME WILL HELP HEARST
Promises io Prosecute Every Guilty
MRU Ivins Also Gives Aid.
Tammany Badly Rattled,
May Dethrone Murphy.
ORDER TO rnODCCE BALLOT
BOXES. NEW TORK. Nov. 8. Colonel Alex
ander Bacon and F. B. Brown, of
counsel for W. XI. Hearst and the
Municipal Ownership League, called
at Police Headquarters lato today
and served an order from Justice W.
Gaynor on Captain Cruise as repre
sentative of Commissioner McAdoo,
directing that Commissioner McAdoo
have every, ballotbox In the City of
New York sent to the Bureau of Elec
tions. The order was Immediately
telephoned to Mr. McAdoo
N3SW TORK, Nov. S.-With the grant
ing of an order by Supreme Court Justice
William Gaynor. in Brooklyn tonight,
compelling Police Commissioner McAdoo
to remove every ballot-box from all the
precincts ln Greater New York to the
Bureau of Elections, William R. Hearst,
the defeated Municipal Ownership League
candidate, took his first legal step jn a.
iigni to secure a recount of the votes cast
on election day.
The order was granted after Justice
Gaynor had reviewed affidavits submltifcd
by Mr. HearsfB attorneys, and half aa
nour later Colonel W. A. & Bacon and F.
v. jrown, representing Mr. Hearst.
served the order on Mj. McAdoo, who
sent out a general order-to every pre
cinct ln Greater New York instructing the
captains or other officers in charge to
send the ballot-boxes straightway to the
Bureau of Elections In Manhattan. In
signing the order Justice Gaynor said
"The police have nothing whatever to
do with the ballot-boxes, and it is most
astonishing that -they should have had
possession of them. They have no right
rvon tn m, M . c
even to touch them. The
granted."
The granting of tho ordor came unex
pectedly and caused much surnriBe. and.
with the opinion of Justice Gaynor that
the police have no right to the ballot
boxes and should not even touch them a
new aspect Is placed on the -case. This Is
the first time such an order was ever is
sued, as heretofore the police have always
nad charge of the ballot-boxes after the
count has been taken at the polling places.
They are removed to the station-houses
Immediately after the inspectors and
clerks have counted the ballots.
Mr. Ivins. the defeated Republican May
oralty candidate, was asked today by Mr.
Hearst to act as his counsel In the fight
he will wage to be declared Mayor. Mr.
Ivins refused, . but said he would gladly
co-operate as associate counsel with the'
attorneys who will conduct the fight
When notice was served on the ser-
geants In command of the Charles-Strt
and West TwentlPth-St,f ,
send their ballot-boxes to the Bureau of
Elections, tho Wt. rr,iaA e,.tnW
the captains of their stations were the
. Uu,.tt i
the I
men to tell them what to do, and that
they would not send thc boxes until their
superior officer had notified them.
NEW YORK, Nov. 9. At 2:45 A. M.
two patrol wagons from the East
Fifty-first and Elizabeth police sta-
tioni; arrived at the Bureau of Elec-
tlons. the first with i r, ti, ,..
with 14 ballot-boxes, tmva mirmpn
were In each wagon. At that hour the
Bureau of Elections was not open.
Stato Superintendent of Elections Mor
gan had said that he would send dep
uty superintendents to the bureau, but
none had arrived.
WILL CONTEST TO THE FINISH
Hearst Denounces Fraud and Sc-
cures Help From All Quarters.
NEW YORK. Nov. 8.- That a bitter
fight will be waged ln the courts to de
cide whether George B. McCIellan or
"William R. Hearst is to be Mayor of
New York for the next four years is
now assured. The complete returns
give McCIellan a plurality of 34S5
votes, the smallest ever recorded for
a successful Mayoralty candidate less
tnan one-half of 1 per cent and a re
sult which might readily be reversed
by a recount of thc ballots.
Mr, Hearst today announced his in
tention to take an Immediate appeal to
the Supreme Court, his managers hav
ing declared that they had secured evi
dence of illegal nets against 1000 in
spectors of elections, and that 30,300
Hearst men who went to the polls to
vote for Mr. Hearst had found that
their names had already been voted.
Most o this fraudulent voting is
f-ald to have been done in JSaet Side
Assembly districts, especially in the
Eighteenth, Charles F. Murphy's homo'
district, and ln the Sixteenth, of which
-uOTuiny sjuiuvan is me icauer.
All Parties Support Contest-
Mr, Hearst a proposed action met
with warm approval Jn many quarters.
ever among those who opposed his elec- !
tion, and he received many assurances j
of support. District Attornoy Jerome
expressed himself ln torms of strong:
approval of Mr. Hearst's programme.
ana aeciarej mat ne would immediately
lnst,tute a aching investigation
the alleged Democratic frauds. He
and declared that he would Immediately I
also ordered the returns from the
Eighteenth and Sixteenth districts to be
carefully guarded. Jra C. Darrln, the
newly elected District Attorney of
Queens County on the Republican tick
et, made a similar statement. William
nr T.-l r. .1... r n. 1.11
Of me uciuaiua xivpuutiean can;
Uldatc for Mayor, also qoraraended MrJ
itearsifl action, ana expressed the be
llof that a recount would show th?t.
.air. Hearst had been elected.
Hearst Declares Eur pose.
After a secret session of the execu
tive committee of Tammany Hall, held
this afternoon, tho following statcmont
was Issued:
The executive ommHtc-e of the Democratic
organization protests against the outrageous
puousnea inroni oi we cete&ted candidate x
me Municipal uwnersmp league to overthrow
the will of the ieopIe as expressed by the
vote cast on election day. and directs Its law
committee to exert lis best effort and take.!
such eteps and Institute' auch nroceedlnirs aa
-III ... .. r
ciian as Mayor of New Sork.
We also call on the Commissioner of Poltee
and the .custodian of the ballots to preserve"
the mmc mtact from all Interference by
anyone from any unauthorised aource.
Some of the leaders. after the meotlng
expressed ' the opinion that the returns
showed a censure of Mr. Murphy's leader-
ship and tlmt he should, as a result
step down and out and make room for a
man -against whom nothing could bo;
charged. They thought It was time for
George B. McCIellan to assume the lead--
ershlp himself.
, The campaign to defeat Tammany HalH
in the Supreme Court and to declare Mr.'l
Hearst the rightfully elected Mayor of
New York was inaugurated at a crowded
Wjlllani H. Berry. Ylrwt Temoerat
EIoct?d State Treasurer of Tenosyl
Tanla ln 25 Years.
,.., . '
meeting of Municipal Ownership leaders
today. At Its close, Mr. Hearst said:
We are KOlnr. to llcht todav tomiMmv.
next' month and next i-ear tn miv i nn.
slble: for a man to cast an honest vote and
io jireveni in ine xuture conditions being- as
dlscraceful as thev ver TMlrMnr r,-
and. we will Invoke even lecal-means to
receiving voluntary offers of money from
cTery uauot nonestiy counteo. We are
business men to aid -us ln this appeal.
Prove 30,000 Illegal Votes.
Mi. noi6 i ueu tenants men an
nounced that with evidence that 20 000
Hearst men were defrauded of their right
to vote and that 1000 election -Inspectors
were guilty of illegal acts the contest
would be carried immediately over tho
heads of the Board of County Canvassers
into the Supreme Court. They said the
object of this pjan was to secure a speedy
ana nnai answer, and that money was
not to be spared in engaging special coun
sel In alhparts of the United States to
WlOfn win. . .
7 "cCe.-u.
A"D "" in JOBS than 3
"T. vullB. c,osoa ine municipal
""hi ague naa securcu over 1000
.aiji, i i ... , i .
vHixisuiif jnegai .v:ui Dy
1000
election inspectors. These affidavits state
that the Inspectors in Question were
Tammany men. Mr. Hearst himself said
that within a year "a chain of these men
would be sent to Sing Sing. It waa also
stated that in the East Side Assembly
uisincis, including the Eighteenth,
wnanos x. .Murphy's home district, affl-
davlts "ad been secured to show that at
lea8t 29-000 votes were illegally cast in the
uau,ra vuiere woo went to the polls
to vote for Mr. Hearst and tho Municipal
uwnersnip League ticket, but who. when
they arrived, found their names voted
upon already.
Cannot Change Count.
Sunerlntfinrlont nf v'iu.ia..
ton,St that, while doubtless man? illegal
votes wer cast h i "l
rmlninn on ZS, , . "
Municipal Ownership League managers
that they amounted to 20,000. He had
made, he Said, many arrcsUs. but only SO
tne prisoners were held by the magis-
trates.
Attorney-General ifavor ..m 44-
had lnformaUon that. illegal votes were
cast in several Assembly districts
"In any event, however." nM ,"
should we discover thousands of cases of
illegal voting, it would not affoof h
count, for the reason that the ballots can- I
not be deducted. So far as we are con-
cerncd, our Jurisdiction ends with the
prosecution of the cri urinals whore the
crime of illogal voting "has been commit
ted." Terome "Will Prosecute.
, , - I
i.w..u lur Rcguni, Mr. Hearst V l
Is supported by District Attorney William
T. Jerome, who said today:
-m. shall Immediately institute an Inves
tigation of the frauds perpetrated by
Tammany at the polls yesterday. If the
facts warrant, I shall begin an'Tmmedlate
prosecution against those 'guilty of crime."
Bird S. Coler, elected President of the
(Concluded on Pace 5.)
PlBflflL.jft .PPPPPl
fTfKi wm
PpHpPKJVilapH
'pppppppppB'ippppH
vBHIpp9pHphL'"!pppppb
OHIO SWEPT B!
THE DEMOCRATS
Whole State Ticket and Con-
' .... . -
trol of Legislature -in
Their Hands.S
urn r-t r-rT- I
Tf ILL CLtU I riJ JbttiKl UKJ
IlcrcJck Kuns Far Behind Rest of
Republican Ticket, bu t All Seems
Lost Xcw Officials Have
Three-Year Terra.
I )
COLUMBUS. O., Nov. S.-That John M.
Pattison -"has 'been clec'lcd "Governor for
Mnc nxt r0 years-by. a plurality run-
I Tllnf JA W . I l .
also Is the Democratic workhnr maloritv
in both hmi f tIJ'.i.l v...
(,-ro . "
, ,s, alUl 80100 uncrtalntv to the
remainder of the state ticket. The car-
,ler returns were apparently from sections
jfrvorablo -id the Governor, for he held
.a-lcad over the refit of his ticket until
toaa5V when fuller returns from the
country districts cut Into his vote severely
and'r bJ the middle of .the afternoon he
fpemed to be over votes behind his
-ticket. - If that difference stands the
victdry of tbcqthcr olhcers will depend
uPn the ltc of Pattlsoh's plurality, vdth
tne,chancea in favor of the choice of the
entire Democratic list.
I Chairman VGarber. tonight figures plu
ralities for -Pattisorl that aggregate close
totS.toO. ln. which ent the entire Demo
cratic ticket is safe. The Republicans
have given out no lalcr estimates since
that of Chairman Dick conceding the
election of Pattison by 23.0M plurality, but
later reports received at headquarters In
dicate that a larger figure is correct.
Democrats Control Legislature.
Republican estimates tonight give the
Democrat two to fivo majority In the
next Senate and from ten to 15 in the
House, nd these are probably the mini
mum estimates. The Democratic claim Is
a majority of five in the Senate and 27 in
tho House.
The widespread scratching, of tickets
caused such delay In the counting that
SO hours after the close of the polls there
was still uncertalny, notwithstanding the
overwhelming nature of the Democratic
victory.
The state officers and legislators cliopen
yesterday will serve three ycurt instead
of two as heretofore, the constitutional'
amendment for biennial elections provid
ing that the terms of offlciala elected at
thin 4!mn nVtnlt nvnlu A .
at which time the state officers and legJT
latora chosen, in November, 1908. will as
sume office. The Legislature chosen In
190S will choose a United States Senator
in succession to Senator Foraker. For
some time there was confusion on this
Pmt ana It was widely but Incorrectly
asserted that tm.i. ..... 'l
aaserted that the Legislature Just chosen
would name Foraker's successor. '
Whole Democratic Ticket Wins.
The reports to Chairman Garber tonight
from all sections of the state indicated a
plurality for Pattison of more than 55.0CNX
and h saJd he believed that, if the gains
continue, it might reach 00.OWL Republi-
John 3C rartlsea. Democratic Gov era
Elect of Ofelo.
can advices Indicated that, leaving out
l.? T. cou"Ues' the Horrick loss
,n the remaining S3 counties would aver-
a 0 votes to the county, or a differ.
C WW hlww '
for Honick and that for the remainder
f Jj RcnfbI!caa The other Re-
7 "V , ' . . ncaa
oC tne,r "ou,d wIn ,f PatUson was
lesa Uian aead of Herrick. but. aa
thc ,lsurcs located that Pattison had
""U,UC"""J ,norc inii "ie necessary
50ooa while the difference between Her-
rick and 111(5 other RePubJln candidates
seemed to be narrowing slightly. It waa
safe 10 ssume that lhe entire Demo-
crauc "cxet naa oeen elected, even
tnougn tne luuest report had not been re
ceived as to the vote for these offices.
Dick Concedes Ilcrrlck's Defeat.
COLUMBUS. O.. Nov. 8. A UtUe before
o'clock Chairman Dick Issued th rAi.
.lowing -statement:
"Estimates based upon reports from 3
counties, which include 1961 precincts, and
the assumption that the same ratio of
Democratic gains will continue in the 15M
precincts yet to be heard from outside of
Cuyahoga and Hamilton Counties, show
that Pattison Is elected by a. -.plurality
approximating VStiO."
1 MMppjpl
iPPbv3Hr PPPPK
I -1 I 4
r i
SUXXARY OF RESULTS.
WASHINGTON'. N'or. S. The elec
tion of John M. Pattison. Democrat,
as Governor of Ohio by approximately
40.000 plurality over Myron T. Her
rlck. the present Republican Governor;
a. Democratic working majority In
both houses of the Ohio Legislature:
an Immediate appeal of William R.
Hearst, the Municipal Ownership
candidate' for tho New Tork Mayor
alty, to the Supreme Court to con
test McClellan's election ln that city
on the basis of alleged evidence of
-wholesale Illegal acts at the polls; a
plurality of 34S5 votes for McCIellan.
and Immediate contest by the faaroa
Ists la. Louisville In the court
against the election of Democratic
municipal officers and members o(
the Legislature were th develop
ments ln today's election aftermafsl
McClellan's plurality 1s the mini
mum on record for a successful May
oralty candidate ln New Tork. Mr.
Hearst's managers claim evidence of
illegal acts against 1000 inspectors
. of election and that SO. 000 of Ms ad
herents were turned bkr from the
polls because their names already bad
been voted. District Attorney Jerome
has announced that he will make a
rarch!ng Investigation of the alleged
wholesale frauds and has ordered the
returns from the Eighteenth and Six
teenth Assembly Districts to be care
fully guarded. These are the home
divisions of the Tammany leader.
Murphy, and Timothy Sullivan.
In Louurvilte the Fusion party man
agers claim a non-election In 14 pre
cincts because of disappearance of
election paraphernalia; that Demo
cratic workers confiscated the ballot
boxes ln 14 other precincts and al
lowed falsification of returns and
allege activity of "thugs' and re
peaters. All through Ohio the belated returns
showed Republican losses and the. Re
publicans concedo that Paulson's
plurality reaches 25.000. The Demo
crats claim that Pattlson'a plurality
approximates &5.000, which would
elect the entire Democratic ticket.
Republicans concede the Democrats-
ormccn two tou iitc lunjunij it.
Senate and' from 10 to t5 la til
House, while the Democrat cWit
five In tbe Senate and ,27 In' tfc How. ,
The City party rWrwe) phnHtJ
ln Philadelphia Nt forlKrixY
and the FuJ4eUst caattdaTT'for Btate ,
Treasurer 5(BeTy) -earrfed the' city
by orerM.06 lraty. TRo up
heaval wsj'.the great In Fenasyl
Tla f or raaay years. "
In RbeIrtysid the. Republican
Gubernatorial. eawilssto baa a plural
ity estlmaslit 5000. and Provl- .
dence elects' Republican Mayor for
tbe first time In many years.
In Massachusetts Democratic threats
are made of a recount of the vote
for Lieutenant-Governor. TlTe Re- (
publican In Massachusetts have S3.-
110 plurality for Guild tor Governor. '
though Draper, for Ueutenant-Gor- '
ernor. got less than 2000 plurality.
The Democrats gained three Senators
and one Representative in tho Legls-
latere.
Every candidate of the Cnton Labor
Tfty lp . San. .Francisco waaelected
by a substantial majority.
In Salt Lake the antliMprmonlc
loty Is mde complete by the-elson
t-f the entire American purfyry
ticket.
The Kentucky LeglsUture. which
tlll elect k successor to Senator
Blackburn, apparently will Include 31
Democrats, five" Republicans and two
doubtful in the Senate, and 79 Demo
crats. H Republicans and .'seven
doubtful ln the House. The Demo
crats elected a Mayor In Louisville by
about 2500.
Nebraska was carried by the Re
publicans. Returns from other states
and cities show notable changes.
CONTENTS TODAY'S PAPER
Tho Weather. .
wj.nuA a .maximum temperature 83
T.J?c;i.?,,l,raum- 42- Prclpiut!on. none.
TODAYS Increasing cloudiness, probably
t,.. r . snowers ana cooler weather.
vt loos Becoming; southerly.
ClecUoss.
Hearst wins first decision in Niw Tork
MB.yvn.iiy contest. I'age 1.
J1101" wl" ejeo; office and Legislature
vsnoiesaie rraud discovered In New York
ju jcromt win prosecute, i'ace I.
Great celebration In Philadelphia. Pajre Z
Rala.
WlUe wins moderate Liberals and may drop
Officials Instigated massacres and many are
Waw KA AAA ... .
-v.vw vtngm xiuea in massacres.
f Natieaal. x
j.eTon m ianto uonilngo causes United
States to send warship. Page 3.
Washington Post's sarcastic comment on
wauevca uregon congressmen. Page 2.
DoEaestlc
Insurance Inquiry resumed In New York.
Page .
American fleet at New York to entertain
nnce ixmis. jage a.
Murderers of Mrs. Todd to be arrested to
day. Page 5.
President Esrllng of Milwaukee road coming
ivuuiiu. x age it.
Rport.
Taclflc Coast scores: Portland a. Oakland 2;
Los Angeles 3, Tacoma 0; San Francisco
, TO. Seattle 1. Page 7.
Paettc Coast.
Railway Commission prefers charges against
railroads and Tacoma. Intervenes. Page 0.
Mrs. Leafgreen laughs at story of the Mayor
of Tumwater. Page 0.
Mrs. Jacobites, ln Linn County, shoots her
self after trying to polton her cbrfd.
Page 0.
J. P. Jones, aged 10. confesses attempt to
wreck Southern Pacific trains near Tan
gent. Or. Page 7.
Ind thieves In. Washington will escape
prison sentences. Page 8.
Commercial asd Marine.
Position of leading grocery staples. Page 15
Oood San Francisco market for choice "Ore
gon potatoes. Page15.
Bullish foreign news causes advance in
wheat at Chicago. Page 15. "
Exciting advance In Reading stock. Page 13
Action of bar pilots results ln loss to ship
ping. Page 7.
Pert land and Ylcmlty.
Harriman system will be extended through
Central Oregon. Page 1.
Oregon Water Power & Railway Influences
pervert public win and secure Immunity
front law. Pt-1G.
August Erlckson must pay X123 fine for vio
lating early closing law. Page H.
East Side citizens demand steel hrMrc
across Sulllran's Gulch and want It now.
Page 10.
Authorities declare that practice of signing
appca. oonas oy irresponsible persons
shall ceare In Municipal Court. Page 14.
juage iameron- interpretation of earlr
closing law aids police In Its enforcement.
Page 10.
Coundlmen charge Water Board with acts ln
interest TT. H. Ladd. Page 11.
Mount Scott residents complain of O. W. P.
service. Page 11.
Erery berth engaged oa special -train for
business- men's-excursion through state.
Page 1L.
U. R, ,1 N.THRDWS
BOP THE GAGE
Proposed Joint Rate Will .Be
Fought to the Bit- s
ter End.' " "
HEARING ON AT COLFAX
Great Array -of Hal I road Men l'rom
AH the Biff Lines In Washing-
ton Arc ln Attendance, at
the Hearing.
BRIEF OF PROCEEDINGS.
Official Ssomplalnt against the rail
roads on' Roslyn coal rates Is made
by the Washington Railroad Coromls-.
slon.
-Motion - to quash, made by Judge
Gordon, of Spokane, la overruled.
Intervening complaint on behalf of
Tacoma Is " filed . by the Tacoma
branch of the North Pacific Jobbers'
and Manufacturers Association.
Motion -to strike, out the Interven
ing complaint Is made on behalf of
All the railroads bv Juilrf Rnrrinn
eJSt
5 1'lgorous separate answer la filed by
?thft O. R. A. N. Co.
BT E. TV. tvnioirr
99Ji' Wash.. Nov. 8. (Staff Cprre-
spenence. If r -were the seventh son of
aevenUi daughter, and had Inclinations
to nako predictions on a tolerably sure
thing, I would say that the net result to
be accomplished at the Colfax Railroad
Commission meeting would be a ruling on
thc part of the commission that the rail
roads establish or re-establish Joint rates.
This ruling to meet with refusal to obey
on the part of the railroads. After that
the courts.
But that Is another story. There may
be a few modifying crimps put in this
prognostication, but unless there la a ma
terial change In the drift of sentiment,
that Li about what will happen.
The commission commenced work at Its
first official hearing at the Whitman Coun
ty Courthouse this evening. The meeting,
when called to order, presented an appear
ance quite, similar to another railroad
meeting held In the same room about two
years ago. The only striking difference
vr&A that at the meeting- two yean? ago
three railroad presidents occupied tho
Judges' bench, while the people looked up
to them from before and behind .the bar.
Today, tho throne was occupied by the
Railroad Commission, while the suppliants
at the bar were thj railroad men general
superintendents, general counsel, general
freight agents, managers and traffic men.
Body Moves AVIth Deliberation.
The Washington Railroad Commission Is
duly impressed witlrlts responsibility. It
Is not playing to one-night stands, nor Is
It rushing matters. Strictly speaking, it
Is not a large body, but It moves slowly.
Just tho same,and. If the progress made
today 1b a fair sample of what Is to come.
business will be good at Martin Maloney's
hotel for an Indefinite period.
Tho railroad men who were on the
ground yesterday were reinforced this
morning by M. J. Buckley, general super-
Sewstor Boise Peawe. Leader of the
Smashed Peaasylvaai Machine.
intendent of the O. R. & N.; W. E. Co
man, assistant general freight agent; R.
A. Palmer, division superintendent of the
Northern PaclflcVand Judge. M. J. Gordon,
of the Great Northern legal department.
Others who arc here in response to sub-
penas were L. K. Smith. W. G. Weir. C.
Francis, of Spokane; Lewis LInstrom.
of Fairfield: F. J. Hayfleld. of Farming
ton; C W. Kelly, of Garfield; Perry Law
rence, Philip BIckford. H.' V. Carpenter
and LTW. Lannlng, of Pullman. Colfax
was represented on the list of witnesses
by Julius Llppltt, Seymour Manning and
'. L. McKenzle.
Complaint by Commissioners.
This unusual agRrcsratio of railroad tal
ent, accompanied by a sprinkling of wheat
kings, bankers and citizens of Colfax,
were all on hand when Chairman Falr
chlld rapped for order at 2 o'clock. The
official complaint on which the railroads
were brought to book was made by the
Commissioners, and not by Codd and Mc-
"Kenxie, who had started the ball rolling
with a kick on coal rates.
The appearance of the Commissioners as
complainants gave the railroads an open
ing, on,' which they landed hard, but tin?
successfully; with 'a motion to quash. Thls j
BiiiiiiiiiiiiiiiiiHBimBBmL sSB
sBBHsBsHBBsc3BKi23a
motion, which was offered by Judge Gor
don, of Spokane, on behalf of all the de
fendants, was comparatively brief, but
very much to the point. It began with a
quotation from the law creating 'and es
tablishing the Railroad Commission. The
section quoted provides "that before the
commission shall have power to fix joint
rates or compel one road to haul the cars
of the other or. deliver freight or cars to
another road, the commission must be sat-
isfied that an injury or injustice will re
suit to the shipper seeking the - enforce
ment of said Joint rate. If the same is
not established." .
Shippers Names Are Xot Given.
The motion continues that no names of
shippers are specified in the complaint.
nor Is mention made of the character of
the shipment Involved, or who would suf
fer an injustice or In3ury If the Joint rate
was not established. The defendant claims
that It I3 entitled to information of this
kind, to the end that it may controvert
the claim that an Injustice will result, and
also that It mny adduce testimony to dis
prove the allegations.
Defendant claims thc right to be heard
on the question as to whether an Injustice
nas been suffered by those shippers, and
finally claims that the complaint as served
Is Insufficient to convey to the defendant
the Information upon these subjects nec
essary to enable the defendant to prepare
Its proof.
mis mouon was overruled, out before
the railroad men filed their answer to
tne complaint the Commission filed an
intervening complaint, which had been
Buppueu oy tne. tacoma Branch or the
North Pacific Jobbers and Manufactur-
wo 5uviuuuu.
A.. l .1
Stripped of a few folios of verbiage, the
intervening complaint sets lorth in sud-
stance mat the association Is a voluntary
organization composed of the Jobbers and
manumcturers or Portland. Tacoma and
Seattle, and that, owing to tho absence
of a Joint rate from Tacoma to points on
tne u. it. nnc. it impossible for
me xacoma mcmDers Of tne association
to do any business in that territory.
They assert that If a Just Joint rate
Israel W. Durham. Leader of the
Brokea Philadelphia Machine.
was established and enforced "the bus!
ness " transacted between Tacoma and
points on the O. R. Sc N. Co. line would
be enormously increased."
Producers at a Disadvantage.
It Is further set forth that the terri-
tory to which they desire access by a
Joint rate produces large amounts of
grain, hay, fruit, stock and other agri
cultural products and that these pro
ducers are now forced to transact busi
ness at a great disadvantage and consid
erable loss In money, as they are de-
prlved of the opportunity to sell In com-
petitlve market. In order to enable
the attorneys to digest the full meanlnir
of the railroad answer and the lnterven-
Ing complaint, a recess -of 20 minutes was
ordered. '
On reconvening Judge Gordon took up
the intervening complaint of the Jobbers
and moved that It be'etricken out of the
complaint, as the statute under which the
case was being presented made no provl-
sion for Intervention and for the further
reason that, as stated In the complaint,
the Intervenor was a voluntary assoda-
turn ana not a shipper. Judge Gordon
argued that if the Intervening complaint with this serious competition and some
was admitted it would necessitate a post- f thine has to be done. Tho rnrf nv
ponement of the case for the 30 days al-
lowed by the law for preparation of an
O. R. & X. the Under Do.
While the motion to quash was present
ed In the Interest of all of the roads in
volved, there was material difference in
the answers filed by the different roads.
The O. R. & N. Co., occupying the posi
tion of the under dog in the fight, wont
into the matter In detail with an answer
that covered 23 pages. This document
required so much study that as soon as
Judge Gordon has presjnted his objection I
to the Jobbers' Intervention. Assistant
Prosecuting Attorns MoOnnnM
that the case be continued until tomorrow
morning at 9 o'clock.
The O. R. Sc. N. Co.'s answer wag vig
orous from start to finish, taking the
complaint up section by section and find
Ing something unconstitutional nearly all
the way through. It cited the fact that
there were njo Joint rates In existence.
Gave the dat?s when those which had
lated were abolished and denied the power
or the commission to establish rates.
Constitution Is Quoted.
It quotes the constitution of the stat
to prove that the Legislature alone lias
power to pass laws fixing rates, that the
rate-makins power must be vested In the 1
House and Senate.
It cites the different rate-regulatln
bills passed by the Leclslaturft nni fn I
support of this argument mentions in
particular the famous maximum rate bill
of 1S33.
It Justifies the specific charge of exces-J
slve coal rates from Wallula Junction to
Colfax by stating that the rate of .S0
per ton now charged does not exceed that
which, was enforced in January. 1S33.
(Concluded on Page 3.)
. 'fJ VJX1 JLtJm
IIMM TO TUP
CENTRAL OREGON
- I Mrt-iUi rv. it m
- NOrtnWeSt. UlVISIOfl HaS $4,-
160,000 Set Aside for
"Projected Line."
GREAT EMPIRE IS WAITING
Extension or the Harriman System
Across thc State 3s Certain in
Vicwof thc Competition
of Hill Itonds.
The Northwest division of the Harri
man railway system has set aside $4,160.-
CC0 for the construction of a "projected
line." In 1905 and 1806 and has announced
the fact, but will not make public the
identity of the line under consideration
its location or Its extent.
General Manacer J. P. O'Brien whn
asked as to whether or not this anoro-
I . "
I nrf:if!nn hnrl tn --In with rh mnutmlni.
I of the long-dreamcd-of road throuch the
central part of the state, gave a knowlnz
smue, but no words. "I have been asked
that question u jrreat many times todai.
he said, "and I will have to answer vou.
as r did those others who wished to
know, that I have nothing to say one
I way or the other
"That Information was exnected." Mr
O'Brien was told. "But will you tell
whether It is the Tillamook road, tho
Coos Bay line or some other?"
T have heard that the company was
Interested ln the Tillamook road," was
the reply, "and I want to say that the O.
R. & N. or the Southern Pacific has no
Interest In that road. We have no con
nection with Mr. Lytle and the line into
that country is not our project. The Coos
Bay road is already provided for and tho
appropriation of $4,16O,0CO does not apply
to It."
"Then the extension of the Southern
Pacific line from Natron and across tho
state Is the only line left which will, or
would, require that amount of money to
construct?" But Mr. O'Brien smiled once
more and kept his counsel.
Line Across Central Oregon.
Railroad talk, and many indications.
and a ripened course of events, to say
nothing of prospective competition, all
point to the one conclusion that the Har
riman system Is at last to send its trains
across the central plains of Oregon, and
that before another year has passed. The
line waa recommended for construction
long ago when General Manager Mohler
was at the head. Since that time It has
been held in abeyance. The surveys have
been made, the cost has been estimated.
and of late surveyors In the employ of
the Southern Pacific have been again over
the .territory.
Encroaching railroad competition, of
which the public has some knowledge and
of which Mr. Harriman doubtless much
more, is forcing the hand of the Southern
Pacific and O. R. & N. interests and com
pelling them to occupy the rich field of.
Interior Oregon, or leave It to those who
a coming. It is not ln the nature of Mr.
Hlll and the Northern Pacific to come so
close to an undeveloped country, as will
be the case when the north bank route Is
completed, and then pass It by. The
Chicago & Northwestern line Is seeking a
route to the Coast through the medium of
the old Central Oregon overland trail.
j and the "bUms building of this company
under ht guise of the Wyoming & North-
I western and the Idaho & Northwestern
has revived tQe story and given it added
llfe and force- From the south a hostile
,Jne Is reaching up to the Klamath coun-
try from evada and- California until
v-eiunu Oregon ,a practically the con-
verSInS PInt oC man systems,
Faces Serions Competition,
The Northern Pacific Is romlnr in Pnrf-
land directly and certainly and by so
doing will have an easy and a shorter
line from the Coast to Chicago. The
Harriman lines arft hroua-ht fa tn t
used along the Columbia and over the
BIuo Mountains Is all n trrad. and t-
tupus, and in comparison to many other
routes slow. Something has to be done,
and is now about to he done. .
From Portland to Natron on the present
Springfield branch of the Southern Pa
cific is an easy grade. ' laid practically In
a straight line. The lift across the Cas
cades by the use of modern engineering
Is no harder or greater or longer than
that across thc Blue Mountains, now In
use. The line across the central part of
the state Is one long reach of easy
grade and easy construction through a
raK,,i.,r. rT,
'"v""-r mwcauy virgin
country. Joined at Ontario with the O.
R. & N. and Oregon Short Line the new
road would make a short and direct route
to the East. These are the grounds for
the belief that the Harriman system will
construct the Central Oregon road.
Mr. Harriman never makes appropria
tions and announces them unless he Is
cx'-li "ady "Se them'
limy lkj jiuorrea inai construc-
tion on the new projected line will not
be long delayed. November 1. 1S0S. Is the
date set for the first Northern Pacific
!9motlve to come into Portland over tha
north tank 1Ine down the Columbia.
From that date the competition fn pas-
se"Ser aro rrelght business between Mr.
rtm anQ ilr- Harriman will wax warm.
e SUIU r WW nas been set apart
ror a Projected line to be constructed ln
1905 and 1306' and the Central Oregon Una
, eua,lze tlie advantage gained by the
isortnern facinc in coming- to Portland
on ,ts own tracks.
Will Open Great Empire.
- A mt emplre , be ed
construction of the Central Oregon road
. i i-.-j. . ' .
(Concluded on Page II.)