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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Feb. 20, 1906)
THE MORNING OREGONIAJf, TUESDAY; FEBRUARY 20, 1906. 3 STICK TO BUSINESS .Railroads Forbidden to Be come Dealers Also. SUPREME COURT DECIDES Chesapeake & Ohio's Coal Contract Condemned as Discrimination New Haven Itoad'Uoscs Its Suit. "WASHINGTON. Feb. 19. Justice "White today delivered the opinion of the Su preme -Court of the United States in the case of the New York, New Kaven & Hartford Railroad Company vs. thp Inter state Commerce Commission -and the In terstate Commerce Commission vs. the Chesapeake & Ohio Ballroafl Company, affirming the decision of the United States Circuit Court for the western district of "Virginia. Tho case involves the question of discrimination In freight rates on coal hy the Chesapeake & Ohio In favor of the New York, New Haven & Hartford road as against other shippers. Tho decision was against the railroad company. The decision was in regard to the ques tion of discrimination- by railroad com panies, and it was apparent that it was Intended to have a general application to questions receding attention at tho hands of the public. Justice White said that to permit a carrier to become a dealer in the commodities carried by it would bo to supply a, means for the perpetuation of evils which the Interstate Commerce Com mission is intended to remedy. IiOsscs by Keeping Contract. These cases involvod a charge of dis crimination in favor of the New Haven Toad by tho Chesapeake & Ohio. The cases grew out of complications existing in connection with a contract made be tween the two railroad companies In 1896, in accordance with which the Chesapeake & Ohio road agreed to deliver 2,000.000 tons of bituminous coal to the New Haven be tween July 1, 1897, and July 1, 1902. The delivery in the last year covered by the contract fell short to the extent of 60,000 tons on account of a strike in the coal llelds, which rendered it Impossible to supply the coal. The New Haven road purchased coal elsewhere, and presented a bill to the Chesapeake & Ohio Company for $103,000. , representing the difference in cost. Instead of paying the money, the Chesa peake & Ohio Company delivered the 60.000 tons of coal, notwithstanding the price of coal and of transportation had advanced so that it is claimed the Chesapeake & Ohio lost more than $1 per ton on Its shipments. Plea of Railroad Company. The case was brought to the attention of the Interstate Commerce Commission, and the complaint made that the trans action constituted a preference in the matter of freight rates In favor of the New Haven road. The company contend ed that It was acting in the capacity of a vendor, and not as a carrier, and that It was merely supplying1 the coal to pay a debt. This plea was also made the basis of a charge against the company as the laws of "West Virginia, -where tho coal was mined, prohibit common carriers from dealing in coal. The Circuit Court held, however, as there Is no Federal statute against rail roads acting as vendors, that question need not be considered, hence the loss should be considered as a dealer's loss. But, while so holding, the court decided that, if tho transaction involved an actual and substantial benefit to one shipper as against another. It was in violation of the interstate commerce law. This condi tion was adjudged to have prevailed, and the trial court held the contract to have been Illegal and enjoined further pro ceedings under it. The lower court also held that the strike could not be held to absolve the Chesapeake & Ohio from the requirement to deliver the coal under Its contract. Carrier Must Not Be Dealer. Putting aside for the time all other ques tions, Justice White took up the case as it appears under the interstate commerce law and stated the question to be decided to "be the following: "Has a carrier engaged in Interstate .commerce the power to contract to sell and transport, in completion of the con tract, the commodity sold, when the price stipulated In the contract does not pay the cost of purchase, the cost of delivery and the published freight rates?" Justice White said there were practical ly no previous decisions of the court to quote as precedents, because heretofore the features of the Interstate commerce law dealing with discriminations, rebates and favoritism have not been Involved in cases in the courL He said: It cannot be challenged that the jrreat purpose of the act to regulate commerce, whUft seeking to prevent unjust ana unrea sonable! rates, was to secure equality of rates as to all and to destroy favoritism. Now, In view of the positive command of the second section of the act. that no de parture from the published rate shall be made, "directly or indirectly," how can it in reason be that a carrier may take Itself from out the statute in any case by simply electing to be a dealer and transport a com modity In that character? For, of course. If , a carrier has a right to disregard the pub lished rates by resorting to a particular form of dealing, It mit follow that there is .no obligation on the part of a carrier to adhere to the rates, because doing so Is merely voluntary. The all-embracing pro hibition against either directly or Indirectly charging less than the published rates shows that the purpose of the statute waa to make the prohibition applicable to every method of dealing by a carrier by which the for bidden result could be brought about Would Defeat Law's Purpose. Proceeding, he declared the purpose of the act to be "to compel the carrier as a public agent to give equal treatment to all." He added: Now if by the mere fact of purchasing and selling merchandise to be transported, a carrier is endowed with the power of dis regarding the published rate. It becomes ap parent that the carrier possesses the right to treat the owners of like commodities by entirely different rules. Interpreting the pro visions of the statute as It Is contended they should be. it would follow that every individual would be bound by the provided tarff and the carrier alone would be free to disregard it. The previous statute, while subjecting the public to the prohibitions, would exempt the carrier and would thereby enormously Increase the opportunities of the latter to commit wrongs which the statute was enacted to prevent. And the considerations previously stated serve also to demonstrate that the prohibi tions of the act to regulate commerce con cerning "undue or unreasonable preference or advantage"; "undue or unreasonable prejudice, and "undue or unjust discrim ination." arc in conflict with the right of a carrier to become a dealer in commodities which It transports, and as such dealer to sell at a price less than tho cost and pub lished rates. Coming to the consideration of the case at issue, Justice "White said that the court thought it established beyond doubt that, desiring to stimulate the production of coal along its line, the Chesapeake & Ohio bought and sold the coal -without asaxd to -whether the net result to It would, realize ita published rates.. The court adds: Device to Escape Iw. And it would seem that Whls means was resorted to instead of attempting to bring about the same result by a lowering oflhe published rates, because to have done ro would have engendered dlrparlty between coal rates and the tariff on all the other articles contained in the same classification, and would beside have caused Other and competing roads to make a. similar reduction on the published rates and thereby would have frustrated the very advantage to Itself and to those -along its lines which the cfheB pe&ke fc Ohio deemed It wax bringing about by the method pursued. It Is apparent that the dellverie under the contract came under the prohibition of the statute whenever for any cause, mich as the enhanced cost of the coal at the Unities, an increase in the cost of the ocean' carriage, etc.; the gross sum realised was not sufficient to net 'the Chesapeake & Ohio its published tariff of rates. This must be the cane In order to give equality to the prohibitions of the interstate commerce act against the ucceptance at anr tin.'by a carrier of less than its published rates. Even if the result of applying the prohi bitions as we have interpreted them will be practically to render it difficult. If not Im possible, for a carrier to deal In commodi ties, this affords no. ground for relieving us of the plain duty of enforcing" the provisions of the statute as they exist In conclusion. Justice "White upheld tho decision of the court below in declaring that both the contracts ma do by the Chesapeake & Ohio with the Now Haven wore contrary to public policy and void because In conflict with the prohibitions of the act to regulate commerce. The'croBS appeal of the Interstate Com merce Commission was then considered briefly and the general conclusion reached "that the injunction below should be mod ified and enlarged by perpetually enjoining the Chesapeake &. Ohio from taking less than tho rates fixed in Its published tariff of frcltrht ratps, by means of dealing In the purchase and sale of coaL And, as thus modified, the decreo below is affirmed." EXPLOSION KILLS MINERS At Least 13 Perish In Maitland Mine In Colorado. PUEBLO. Colo.. Feb. 19. A special to the Chieftain from "Walsenburg says: By far the worst accident In the history of coal mining in this part of the country occurred at the Mai Hand mine this morn ing, and as a result at least 13 miners lost their lives. It is possible that the list will reach 16 when the bodies have been re covered. The following Is a list of the dead so far as known: Archie Miller; Billy Moran. of ilaltland; James "W. Titters, of 'Kan sas; Battista Tobrea, Corona Costa, So prls Costa, Nick Yokibetz. Shortly after 8 o'clock there was an ex plosion In the part of Maitland known as Sunshine which caused the earth to trem ble for miles around. Soon afterward a man ran out and reported that -the mine was on fire. The explosion caused a fall of rock from the roof, and until this is cleared away it will not be known posi tively just how many more are yet in the mine. It is certain, however, that any found there will be past hope. The deaths were caused by gas and the riUNCEfS r ATM CIA. WHO WANTS TO WED A MAKQUIS. mmm. Princess Patricia, -who. It Is re ported, desires to wed the young ' Marquis of Anglesey, is the third child and second daughter of Prince Arthur. Duke of Connaught, brother of King Edward of England. Pa tricia was born In Buckingham Pal ace, London. March 17. 1SSC Her full name is Victoria Patricia Helen El Ira. -beth. She made her debut a little over two years ago and Is said to bo one of the prettiest Princesses of the reigning house. If rumor is to be credited, she ha had many suitors, including King Alfonso, who Is to wed her cousin. Princess Ena of Bat tenberg. and Prince Eltel Frederick at Germany. Patricia Is reported to en tertain affection for lxrd Anglesey. explosion was caused by afterdamp. It is believed that the explosion was caused by open lamps in use. as most of the men in that part of the mine used open lamps. General Superintendent Murray arrived this evening and has taken charge. The Maltland mine Is a property of the Victor Fuel Company. Raisin Combine Broken Up. FRESNO, CaL, Feb. 15. At a meeting of the growers of the Central California Raisin-Growers' Company today, the deal ers voted to disband the company and to return to the growers the half a cent a pound held out for the purchase of packing-houses. This action breaks the asso ciation of growers formed for the purpose of co-operation. This year the price of raisins was fixed at too -high a rate, and the dried fruit failed to sell. The Mercantile Company, of San Francisco, finally took over the whole crop at 3 cents a pound. Mall Train Wrecked, Twelve Hurt. ST. LOUIS, Feb. 19. The new .fast mall train for the Southwest on the St. Louis, Iron Mountain & Southern today was wrecked, presumably by a broken rail at Carondclet, a suburb of St. Louis, early today. Twelve men, including the con ductor and engineer, are injured. Fvcral of them seriously. It Is believed all will recover. The engine and first car tele scoped and together rolled down a 15-foot embankment. The second car, after turning over, lodged on the edge of the River Desperes. It contained a number of inall clerks and the loss of life must have been general had the car fallen into the river. New Archbishop of Sew Orleans. RoME, Feb. 19. Tho congregation of. the propaganda met today to decide on the appointment of a new archbishop of New Orleans to succeed the late Arch bishop Cbapclle. and. after hearing a re port presented by Cardinal Satolll, it was decided to propose to the pope the nomi nation of Bishop Blcnk, of Porto Rico. A GUARANTEED CURE FOR TILES. Itching, Blind; Bleeding or Protruding Pile. Tour druggist will refund money if Paso Oint ment Xsil to cure yeu Is 8 to li day a. ya. CALKING UP LEUKS President and Advisers Confer on Rate Bill. NEW PROVISO FOR APPEAL 3Ioody, Knapp and Prouty Prepare Amendment' Which Will Give All. Rights Constitution Allows, but 2io More . - -WASHINGTON. Feb. 13 Following a. conference between Attorney-General Moody and Speaker Cannon and Senators Clapp and Dolllver. the Attorney-General and Chairman Knapp and Commissioner Prouty, of the Interstate Commerce Com mission, held & conference with President Roosevelt today, at which railroad-rate legislation was discussed thoroughly. Tho effort was to so shape the provisions of tho Hepburn bill regarding appeal to th courts as to make It certain that the bill Is constitutional and yot. so far as there Is power by law to do no. then limit the appeal to what is regarded as constitu tionally necessary. The President is understood to believe that Messrs. Moody, Knapp and Prouty have worked out a satisfactory provision that is better than that In the Hepburn bill, or In the original Interstate Com morco Commission's bill, the only two hills hitherto laid beforo Congress, with which tho President has on that point felt at all satisfied. Senator Knox and Charles S. Mellcn, president of the 'New York. New Haven & Hartford Railroad, talked with the President today at length on the " ques tion. Mr. Mellen returned to the White House at i o'clock in the afternoon. In the meantime the President had sum moned by telephone some of his advisers. In the conference which followed, besides the President and Mr. Mellcn. there wero Secretary Root. Mr. Moody, Mr. Knapp and Mr. Prouty. They discussed very thoroughly the questions which wero brought up by Mr. Mellen, but no definite decision regarding them was reached. Pre viously Mr. Mellen had spent about four hours at the Capitol In consultation with various Senators on the question of rate legislation. INVESTIGATE TWO MONOPOLIES House Committee Accepts Tillman Resolution on Coal and Oil. WASHINGTON. Feb. 19. Investiga tion bf the Interstate Commerce Com mission of alleged monopoly of oil and coal by combinations of railways and other corporations Is authorized by a compromise resolution agreed upon to night by a sub-committee of the Houso committee on Interstate and foreign commerce appointed to consider the Tillman and Gillespie resolution and agree upon a measure which will be reported to the entire House commit tee on Interstate and foreign commerce tomorrow. A combination of the Till man, Gillespie and Campbell resolu tions was effected. Members of the sub-committee, which consists of Representatives Hep burn of Iowa, chairman of the full committee: Townsend of Michigan, and Adams of Georgia, arc confident of a unanimous favorable report to the House. The Tillman resolution, 'which has already' passed the Senate,' was ac cepted us the basis for the compromise measure. This has made It unneces sary for the Senate to vote on the reso lution again, as the acceptance by the House of a committee conference re port In all that Is necessary for the resolution's passage. The Tillman resolution provides for an Investigation of the alleged rail road control of coal and other pro ducts hauled by the railways. The sub-committee regarded this measure as too broad, in that it would have compelled the .Interstate Commerce Commission to investigate practically everything1 carried by common car riers. On the other hand the Gillespie resolution limited the proposed Inves tigation to the alleged railway con trol of bituminous coal and was con sidered too narrow in Its scope. The Campbell resolution Is that Introduced In the House today to investigate al legations that railways and coal com panies are conspiring in restraint of trade. In the compromise resolution the unqualified term "coal" Is used, so the Investigation may Include both anthra cite and bituminous coal, and oil is the only other product-made the subject of investigation. BUUjD 3IORE BATTLESHIPS. But in Navy-Yards With Union Labor Say Union Men. NEW YORK. Feb. 19. The Central Fed erated Union, last night, adopted a reso lution urging the building of more battle ships, with the proviso that the ships be built in Government yards instead of by private companies. Some advocates of peace opposed the resolution. Action at this time is particularly de sired because the battleship Connecticut, now building In the Brooklyn Navy-Yard, will soon be completed. It was affirmed that 20 per cent of the employes already have been thrown out of work because there have been no more battleships or dered to be constructed there, and that 50 per cent of the men will be discharged as soon as tho Connecticut Is ready for launching. "It appears that the Influence of owners of private shipyards is all-powerful." It Is set forth In a resolution, "in forcing Gov ernment officials, through both houses of Congress, to refuse to continue the build ing of Government vessels in tho navy yards, when It has been shown by actual experience that better results accrue to the Government by the Government build ing Its own ships." Sell Indian Coal Land. WASHINGTON. Feb. IS. The Senate Peculiar to Itself In combination, proportion and process, Hood's Sarsaparilla is therefore Peculiar to Itself in merit, sales and cures. It is made from the best blood-purifyingr. alterative and tonic ingredients by such original and peculiar methods as to retain the full medicinal value of each and all. The severest forms of scrofula, salt rheum, catarrh, rheu matism, dyspepsia, and debility are cured every day by Sold by druggists everywhere. Buy it today. Srrcuuu- To aneet tie wkbes of those who prefer aedldae In tafclet form, we are bow puttiac up Hood's Sarsjrilla In chocolate-coated Ublete rs well as In the usual liquid form. By reduclac Hoed's Sarsaparilla to a Ud extract, we have retained in ths tablets the earative properties ef every aedielBal iarredieBt. Sold by drurriita or sent by mil. 209 dose ee dollar. C L Hood Cf Lews!!. Mass. Virtually Cut in Half Elegant, Nearly New Pianos to Be Sold at Once, for Virtually Half Price During the next few days we wish to dispose of a number of excellent, slightly used pianos, received in part payment for Pianola pianos of late. Some of these In struments are exactly like new. soma show a little wear, none of them enough to Impair appearance or tone quality. Any of these" instruments may be ob tained on payments of 'W cash and J6 a month. Here is the list: Fancy walnut Conover upright, 51S3. Fancy mahogany Wing & Son, J1C Large oak-cased Bailey, J1SS. Very nice Thompson s Co. rescwood, 1145. Rosewood Rudolph & Co. upright, Large mahogany Lclcht. $158. Large mottled walnut Everett. JIM. Fanciest mottled walnut Vose. Elegant mottled mahogany Kimball, Fancy largest-size Krakauer. Very fine mahogany Schumann. JSS. Mottled walnut Hamilton. J1T5. Fancy mahogany US Lester, now J23S. Oak-cased excellent Jacob Doll. $165. Fancy Milton oak case, same price. Great big oak-cased Wellincton. J 12a. Fancy mahogany Kingsbury, 412. Very line Knabe baby grand. In gcnulno rosewood case. $123. Genuine mahogany Pease baby grand, very choice, J1S5. These grand pianos will be sold on pay ments ox C3 down and $13 a month. All must be sold in a few days. Tele phono or telegraph orders to hold cer tain Instruments till letter can ar rive will be honored 21 hours only. A deposit of 5 per cent to show good faith will be required from purchasers living out of town, whereupon piano will be shipped subject to approval, with the un derstanding If. upon receipt. It Is not found exactly satisfactory to tho buyer It may be returned at expense of freight both -ways of Eilers Piano House. Act quick. Everything we sell we guararttee. Money back if purchase Is not entirely satisfac tory. Eilers Piano House, largest retail ers of pianos in the United States. Main office 331 Washington street. Portland. committee on Indian affairs today decided to authorize the sale of coal lands belong ing to the tlvo civilized tribes In Indian Territory instead of continuing tho pres ent leasing system. Nominated by President. WASHINGTON. Feb. 19. The President sent the following nominations to the Senate: Major William Duval, to be Brigadier General. Postmasters Oregon, A. F. Blackcrby, Silverton. Washington, M. T. Hattshorn, Spokane; W. A. Buckley, Sprague. Debate on Tariff Treaty Deferred. BERLIN. Feb. 13. The government's bill to extend to the United States the Ger man commercial treaty rates until June SO. HOT, was not debated In the Reichstag today. , REJECTS FRENCH TERMS GERSIANY HOLDS OUT ON 3IO ROCCO POLICE QUESTION. Will Not Leave Control to" French and Spanish Officers No Agrec ' 'ment on State Bank: x " J- ALGECIRAS. Spain. Feb. ' lS.-rThe German delegates to the Moroccan conference received from Berlin to night Germany's reply to the proposi tion regarding the policing of Morocco. The reply Is a rejection of the French proposition that the officers of the proposed police system shall be French and Spanish. Germany declares that the French proposal Is contrary to the principle of Internationalization and equality of all the powers In Morocco. The question of establishing a bank has been under discussion between Count von Tattenbach, the Junior Ger man delegate, and M. Regnault, but no agreement relatives to the principal features of the proposal has been reached nor does such an agreement appear to be likely. The delegates of the principal pow ers are kept fully acquainted with the progress of the pourparlers and will endeavor to bring- about a settlement, but tangible results,have not yet. been obtained. The German reply on the subject of policing- Morocco has had a bad ef fect on the neutral delegate, whs were disposed to regard the French proposal as moderate and was expected some acknowledgement lataat regard from Germany. They'de Mt, however, consider the case as. deeperate' as it has been hlthert. - Rebel Arm FactorijrvVrockcd. MALAGA. SpJaifTeb. IS. Dispatches frota feHyT Xo recce, dated yester day, as boh ace that the Moroccan war ship 9MI El Turkl bombarded the factories beleagin? to the French fili busters at March lea, destroying- a por tion of the -werks. The Moroccan reb el forces responded to the warship's attack wltheut result. This Is a renewal of tho recent Inci dent between the French and Moroc can warships, which It Is feared may complicate the situation at Algcclras, as the Germans assert that the rebels are co-operating with the Fronch fili busters against the maintenance of Moroccan authority. WANTS TO BUY PHILIPPINES Japanese Paper Says American Gov ernment Has Failed. VICTORIA. B. C Feb. 19. Some Japa nese newspapers are advocating the pur chase of the Philippines from the United States, according to advices received to day by the steamer Athenian. The Yorod su Choho says the Philippines have cost the United States much money, and no 's Sarsaparilla Another Day of Splendid EMBROIDERIES Corset Cover Embroideries; flouncing from 6 to IS inches wide; insertions, -wide bands etc., in Swiss, Nainsook and cambric. New Embroideries, Values to $1, at 25c Extra fine quality Swiss, Nainsook and Cambric Embroideries, in flouncings, corset cover embroideries and insertions. New Embroideries, Vals. to $1.75, at 37c Shop in the morning, if possible. We can serve you to your advantage during the morning hours. The crowds at the Em broidery Counters in the afternoons are greater than we can possibly handle, even with four times the usual number of clerks. Yon have a much better opportunity for advantageous selections in the morning. A Big Double Event in New Wash Goods Crystal Organdie Linene Suiting 18c Our Wash Goods Connters are bright today With a gathering of two big purchases. Crystal Organdies of a sheer, fine texture, with beautiful Spring floral designs in daintiest colorings: exact reproductions of expensive French Organdies. These Crystal Organdies are I rare values at T. 1 aV2C The second offering is Linene Suiting; a counterpart of the imported Linen Suiting, and one of xt. : "t. i: i.t -i , , ' me same weiguu; cuiuio mc Your choice at Early SpringMillinery Specials Ready-to Wear and Ready-to-Trim Hats We are now showing these goods in a large variety for im mediate wear, representing the latest Spring models and shapes. A full assortment of the leading colors, such as old rose, lilac, arSc"$1.89 and $2.75 Flower Trimmings Hat Braids Wc were never so well prepared as at the present time to supply those who intend making their own hats with the largest and most complete stock of flowers, foliages, all kinds of straw, hair and peroxaline braids, and a complete line of wire frames. For the early purchasers we are offering these goods at exceptionally low prices." $2 Light Gray Panama Dress Goods $1.50 54- inch novelty Panamas, light gray mixtures and invisible plaids, $2 values at., $1.50 Shadow check and plain gray Worsteds, in light, medium and dark gray 51.00 All-wool Panamas, gray with plaid effects $1.25 4S-inch all-wool Panamas, with Jielitrope, green and blue invisible plaids S1.50 56-inch new gray Tailor Suitings, stripes and mixtures, all wool $1.35 4S-inch imported Tailor Suitings, in new grays, checks and plaids $1.75 and $2.00 55- inch Priestley's Cravenette gray Panamas, unequald for hard wear, at $2.25 ALSO 3000 Yards 60c Cream Dress Goods 43c 40-inch Cream Dress Goods for suits and waists, all-wool albatross and crepe granites, figured and plain mohair brilliantines, regular 60c qualities, yard 43 substantial advantages have been secured, and that Japan could meet with more suc cess, as America has failed because of racial differences between ruler and ruled, and the long distance which separates the home government and the Islands. Con cluding, the Yorodzu Illustrates Japanese successes In Formosa. ftHUR-ON The Leading Opticians of the Pacific Northwest. Oregon Optical Co. 173 Fourth St. T. IT. a A. Bldff. CARTERS ITTLB 1VER PILLS SICK HEADACHE Positively cured by these Xdttlo Pills. They also relieve Distress from Dyspepsia, Indigestion and Too Hearty Eating. A per fect remedy for Dizziness, Nausea, Drowsi ness, Bid Taste in the Mouth, Coated Tooga Pain in the Side, TORPID LIVER. They Regulate the Bowels. Purely Vegetable; Smalt PHI. Small Do - SmaU Prlca.. taupt, uiivjr, xnuu uiuc gray, green, nne, tan, wnite, Established 1870. Send for catalogue. Coupon Free Yellowstone Park Trip (NATION'S WONDERLAND) ALONG THE COLUMBIA RIVER, THROUGH BOISE AND SALT LAKE, VIA O. R. & N. One Vote for , THIS COUPON MUST BE VOTED ON OR BEFORE FEBRUARY 27, 1906 Bargains in IUW G. P. Rummelin 6 Sons 126 Second St, Bet. Washington and Alder St. FINE FURS Persian Lamb Coats Astrachan Coats MasKa SealsKin Coats Nearseal Coats Fur Ties, Fur Stoles, Fur Muffs In all the fashionable furs and newest styles Fur Rugs Fur Robes Highest Casli Prices Paid For Raw Fiirs LEADING AND RELIABLE FURRIERS