Fi
h
PORTLAND, OREGON, - WEDNESDAY, MAY 9, 1906.
PRICE FIVE CENTS.
VOL. XLVI. 0. 14,170.
n
4)
mm opens
WITH ENTHUSIASM
Republican Demonstra
tion Held atCorvallis.
WITHYCONIBE CHIEF SPEAKER
Candidate for Governor Is
Cheered by Great Crowd.
SPEECH ROUSES AUDITORS
Other State Candidates Speak for the
Entire Ticket and I'rge That an
I'nprccetlontcd Majority lie
Given Choice of Party.
WITHTCOMBE'S PIRIFORM.
Taxation of franchises and gross
earnings tax on telegraph, telephone,
express and sleeping car corporations.
Uniform assoMmeiit and taxation of
railroads.
State regulation and examination of
private banks,- tnirt companies and
savings , banks.
Protection of the state in its own
ership of public lands.
A Board of Control for state in
stitutions. One board for management of nor
mal schools.
Improvement of the Columbia and
"Willamette. Rivers and Coast seaporta.
National ownership of the Oregon
City docks.
Constitutional amendment permit
ting the Governor or people to .veto
individual Hems of appropriation.
An honest and fearless performance I
J of public duty. t
CORVALLlSi Or.. May 8. (Special.)
The Kepubllian state campaign was
opened here tonight In an enthusiastic
meeting, addresaed by James Wlthycombe,
candidate for (Governor; F. V. Mulkev
oandlrlP' ' C. wnvSneiforsVi:,
Frank B wr. . Secretary of State,
and O. P. HofT, Ibor Commissioner. The
meeting was. one of the largest political
assemblages that has gathered In this
town since the big demonstrations of the
1896 Presidential campaign. In spite of
extra seating: capacity provided, standing
room was at a premium In the opera
frouse. Besides the speeches, a letter from
Jonathan Bourne, Jr., was read by Chair
man Westgate, and a brief lntroductry
address was made by the state chairman.
The keynote of all the speeches was that
(Republicans should support the ticket
from top to bottom and be enthusiastic
in carrying Oregon by an unprecedented
majority, for the effect the result would
Jiave In the way of approval of President
Ttooaevelfa policies. All the speeches were
punctuated with applause.
All Rise and Clieer.
Dr. Wlthycombe was welcomed by a
standing audience, and three cheers for
the Gubernatorial candidate and the
whole ticket. He spoke for 40 minutes,
and was frequently and warmly ap
plauded. His announcement that he felt
that he owed his nomination to the in
fluence exerted by the young men of the
Oregon Agricultural College throughout
the state, which Influence he had met
everywhere was greeted with a hearty
and enthusiastic demonstration.
The optra-house wa.s beautifully deco
rated for the occasion, with flags and
bunting draped and festooned in every
part of the building. The meeting was
heralded by the firing of anvils and the
tnusic by the Cadet Regiment Band of the
college. A male quartet, composed of
Messrs. Johnson. Allen, Cathey and Ful
ton, gave numerous vocal selections.
Some Could Not Come.
Telegrams of regret were read from W.
C. Hawley. George Steel and Willis Duni
way. State Superintendent Ackerman was
on the platform, but made no address.
Others on the rostrum were Judge Eakin,
George W. Wright, candidate for Senator
In Linn; F. J. Miller, candidate for Joint
Senator from Linn and Marlon: J. 8. Van
Winkle, of Albany; S. A. Dawson, H. H.
Hewitt. J. A. Wilson, James Elkins,
Grant Frohman. all of Albany: Editor
Hofer, of Salem : George A. Waggoner and
S. L. Kline, of Corvallis, besides many
other.
A special train brought a big delegation
from Independence, and the evenmg local
brought another enthusiastic crowd from
Albany and East Side points. AlmoRt
every precinct in Benton County was
represented by delegations.
Address by Candidate VitlycoiHbe.
Mr. Wlthycombe, the principal speaker
of th evening, expressed his sentiments
as follows:
1 cannot say that the nomination for Gov
ernor ha come to me unsought. I nave been
obliged to ask for the nomination at the
hands of my iVIlow-cItlzens In all parts of
the stata and tt haa corae to me after a
vigorous and aggremlve campaign waged by
othrr aspirants. Had any one of the other
candidal been successful tn the recent
primaries he would have been entitled to
and would have received my cordial support
and I am glad to ba able to say that I have
assurances of support from all of the gentle
men who were pitted agninrt me In the recent
primary campaign.
My thanks are due to ox-Governor T. T.
eer, C. A. Johns, Harvey K. Brown and
C. A. Shlbrade for their loyalty to me and
to tha Republican partr In the assurances
whiofa tter fcava given, tut, and aspac tally
I thank them for the manly and dizn'.flcd
manner In which their campaigns were con
ducted prior to the primaries.
I want to take this opportunity to thank
heartily the friend who so loyally supported
me and to whose sjpport I am indebted for
my nomination. No man ever had more loyal
or generous support at the hands of his
friends, and no successful candidate ever ap
preciated the support more han I do. My
nomination le the more gratifying to me be
cause It comes not from ring or caucus, but
direct from the people. I believe in popular
government and in the right of the people to
nominate their own public officers.
Favors Direct Primary Uw.
The direct primary law has come to stay,
and It ought to stay. It imposes burdens
upon the candidates greater than those of the
convention system, but it also lodges politi
cal power with the voters, where it rightiully
belongs. I believe the law will be increas
ingly popular with the people, and, while
some changes in detail may prore to be de
sirahle in the light of experience, the plau
of nominating public officers by direct vote
of the people must not be disturbed.
It is my paramount desire to prove worthy
as a candidate of the trust imposed in me
and, if elected to Justify the confidence of
the people who have supported me. For o5
years Oregon has been my home. It is with
pardonable pride I refer to the fact that I
came to thla state when a boy. My manhood
has been spent with the people of Oregon. I
believe that I know them and appreciate
their neds. I yield to no man in loyalty to
the State of Oregon and In my faith in lis
future.
K is my desire that the campaign which
I am to conduct with my Democratic op
ponent shall be a dignified campaign, free
from personal abuse. 1 have no disposition
to indulge in epithets. I do claim that the
record of the Republican party in the past
Is the pledge of its usefulness in the present.
I believe that its principles make for the
welfare of the people and that at this time
the Indorsement of these principles is more
important than any question of preference
between men.
Duties of a Tublic Office.
It is proper, however, that I should say
that no man has higher ideals than I of
what a public official eiiouid be. He nhould
be feaiiees in the performance of his duties.
He should be amenable to reason, but when
sure he is right he should not be afraid of
criticism. He should, moreover, be a man of
clean life, an example to others, one to whom
the people may look with pride, both in his
capacity es a private citizen .and in his record
as a public official. He should take the peo
ple into hi confidence.
The government if the government of the
people. They are entitled to know what their
public officials are doing and it should be the
aim of 'the executive branch of the govern
ment honestly and impartially to enforce the
laws which the people have made.
This la a critical time for the Republican
party of Oregon. Although the state Is Re
publican by a vote of more than two to one,
many of our important offices are filled by
members of the opposing party. If the Re
publican organization is to be maintained In
Oregon and If Republican policies are to be
supported. Republicans must vote the Republi
can ticket. I believe the Republican party
has a great mWFslon yet to perform for the
country In general and for the State of
Oregon In particular. If elected. It shall be
my aim to heal the wounds inflicted by lO
years of factional strife and to do all In my
power to strengthen the party organization,
with a view to its increased efficiency In the
public service.'
Capital I Seeking Investment.
We are entering upon an era of tremen
dous development. The world has awakened
to a knowledge of the value of our forests
and mines. Men In distant states have
learned of the fertility of our soil, the
t Tra'."-:i.r.-'-ttt , f o--r . r.trvx-.nd our or
chards. Capital Is seeking investment
within the state for the development of
our varied resources and the improvement
of our means of communication. Our pub
lic officers should he full of the spirit of
a greater Oregon. The improvement of our
rivers and harbors, the building up of new
industries, the construction of new lines of
railway, all will make for the prosperity
and comfort of the people, and all of these
new enterprises should be encouraged bv the
people of the state and its public officials.
In my campaign for the nomination I
promised the people I would advocate and
support the following measures; Taxation of
franchises and gross earnings tax on tele
graph, telephone, express and sleeping-car
corporations; uniform assessment and taxa
tion of railroads; state regulation and ex
amination of private banks, trust companies
and savings banks; protection of the state
in Its ownership of public? lands; a board of
control for state institutions; one board for
management of normal schools; improve
ment of the Columbia and Willamette Riv
ers and coast seaports; National ownership
of the Oregon City locks; constitutional
amendment permitting tha Governor or
people to veto individual items of appro
priation; an holiest and fearless perform
ance of public duty. If I am chosen in
June these pledges shall be Inviolably kept.
Taxation Not Equally Distributed.
A question of vital importance to the
people of Oregon at the present time is the
question of taxation. There is a widespread
feeling, in which I concur, that tha bur
dens of taxation In this state have In the
past been inequitably distributed. The sup
port of the government in all its various
branches has fallen for the most part on
the ownara of real, estate.
I believe that the policy of our laws
should be to increase the revenues of the
state from indirect taxation and the taxa
tion of intangible properties, to the end
that real estate may ultimately be free
from taxation for state purposes. This re
sult has been reached in some of the com
monwealths of the I'nlon and the time will
come when a similar result can be reached
In Oregon.
I believe In the taxation of franchises. A
franchise is property in just as real a sense
as a farm. There are ' franchises - in the
State of Oregon which are more productive
than any hundred farms. I know of no
reason whv - farm should ba taxed And a
franchise should escape taxation. I am
opposed to the granting of perpetual fran
chises and favor a general law depriving
municipalities of the power to grant fran
chises for mora than . a stated period of
yea vs.
There is a widespread belief that fran
chises in the past have been secured by de
bauching City Councils and paying to the
grafter compensation which rightfully be
longs to the people. I believe that with
every franchise there should be a condition
requiring the' owner of the franchise to pay
to the public a proportionate part of the
earnings from year to year, by way of com
pensation for the special privileges granted.
Revocation of Franca) sra.
Where a franchise has been unfairly se
cured from the people or where it has been
improvidently granted the people should re
possess themselves of such franchise by the"
revocation thereof when possible or by the
exercise of eminent domain, if necessary.
In this connection I wll! say that I be
lieve every perpetual franchise is improvi
Aentlv granted for the reason that the con
ditions of today are not the conditions of
tomorrow. Provisions which protect the in
terest of the people of today may be totaJly
inadequate a few years hence. Public utili
ties with but few exceptions, I believe, are
best administered by private interest rather
than by public servants, for in the latter
case' self interest, the greatest of Incentives.
Is lacking and thriftless and unbusinesslike
methods will surely sooner or later prevail.
A public utility 1m a public asset and the
Interest of the public therein should be
safeguarded by adequate laws, I believe
that the people should reserve control over
all public utility franchises to the extent
necessary to Insure the greatest efficiency
of the public service at the least expense,
subject only tn the right of capital to be
justly compensated for its investment. I
must not be taken, however, to have a lack
of regard for vested interests; our laws
Concluded on Page &)
ROOSEVELT US
PREMIER TO TAFT
Big Ohio Man for President
and Roosevelt Secre
. tary of State.
PROGRAMME HAS DEFECTS
Politicians Say Next Republican Con
vention Is All Mapped Out, but
Third-Term Talk and Other
Things May Interfere.
OREGONIAN NEWS BUREAU. Wash
ington. May 8. According to some politi
cians in Washington, the work of the next
Republican National convention is all
mapped out; the result of the next elec
tion is known an J some other Interesting
details about the organization of the new
administration are already agreed upon.
Of course, all such talk Is pure fiction,
but it Is interesting and reflects the senti
ments of the men who give currency to
such ideas.
The story which started in Washington
is to the effect that Secretary Taft will be
the next Republican nominee for Pres
ident, Roosevelt not desiring a third term.
Of course, the plan is to elect Taft, and
he, in turn, will appoint Roosevelt his
Secretary of Staje. No mention is made
of the fate in store for Secretary Root,
but it is assumed he is to return to his
private practice in New York.
Third-Term Talk Continues.
To begin with, it is by no means certain
that Roosevelt will not succeed himself
In the White House. Very frequently there
Is talk about a third term, and many en
thusiasts of both political parties advo
cate his renomlnatton the Republicans
because they like him; the Democrats be
cause they have no man they can agree
upon. With this third-term question yet
to be settled, it cannot be said positively
that Taft will he the nominee, for, al
though the President has declared time
and again that he will not be a candidate,
there is a possibility that he may be
forced to accept another nomination.
Others Besides Taft.
Then as to Taft. With Roosevelt out of
the way. he would not have clear sailing.
At the present time Kairbaaka could iprob
ably command more support than Taft,
notwithstanding Taft is the bigger and
the stronger man. Aside from Fairbanks,
there are such men as Shaw, Spooner,
Cannon and Root, all with ambitions and
all with their circle of admirers. "Uncle
Joe" Cannon is an immensely popular
man, though handicapped by his age. He
says he would rather be Speaker than
President, but he . wouldn't, and. If ho
saw the opportunity opening up before
him. he would very quickly accept a
CONTENTS TODAY'S PAPER
v The Weather.
YESTERDAY'S Maximum temperature. SO
deg.: minimum, 52. Precipitation, none.
TODAY'S Fair, probably slightly cooler.
Northwesterly winds.
San Francisco.
Carloads of relief supplies looted by toughs.
Page 2.
Driving ablebodled men from bread lines.
Page 4.
Roosevelt asks Congress for another $500,000
for relief. Page 4.
Relief committee welcomes foreign sub
scriptions. Page 4. .
Meobures taken to protect property from
foreclosure of mortgage. Page 4.
National.
Republican Senators finally agree on lim
ited court review of rates. Page 1-
Senate dbates railroad control of coal
mines and gets in tangle. Page 3.
Shonts reports progress on Panama Canal.
Page 2.
Foreign.
Elaborate measures to protect Cxar at open
ing of Parltament- Page 5.
Fundamental law and police attacks on
n.eetings enrage Liberals. Page 5.
Turkey seizes more Egyptian territory,
l ag 4.
Mob in full control of Guadeloupe. Page 3.
Import statistics show Chinese boycott wan
ing. Page 2.
FolHict,.
Talk of Taft for President with Roosevelt
as his Secretarv of State. Page t.
Kansas City, Kan., re-elects Mayor Rose on
wide-open platform. Page 1.
Domestic.
Three more Oshkosh men arrested for land
fraud. Page 1.
Lawyers argue case of George W. Perkins.
Page 5.
Mrs. Joseph Jefferson and children quarrel
over dead actor s estate. rage
Telegraphers' Union discusses life insurance
company ror laoor union men. iage 3.
Anthracite miners accept agreement with
operators. Page 3.
Sport.
Fish and Game Association recommends
license fee of one dollar a year for per
mission to fish for trout. Page II.
Benvtrc shut out the Seals, Page- 11.
Multnoman Club faors clean sports.
Page 11.
Slosson loses game In billiard tournament
.with Schaefer. Page 11.
Pacific Coast
James Withyeombe. Republican candidate
for Governor of Oregon, opens campaign
at CTirvallis. Page 1.
Slayer of Creffleld Is justified by prominent
Seattle paper. Page 6.
Warden Van Dusen reports on salmon fish
ing and hatcheries. Pagn 9.
Snake River road is to be extended to
Lswlston. Page A.
Commercial and Marine.
Hops offered by local speculators. Page 15-
Boston wool market dull. Page 15.
Reports of frost stimulate wheat at Chi
cago. Page 15.
Stock market strong and active. Page IB.
Portland firm leases big wharf at San Pedro.
Page 14.
Steamer Breakwater sails for San "Fran
cisco via Coos Bay with heavy cargo.
. Page 14.
Five large steamers coming from Europe
with cement. Page 14.
Portland and Vicinity.
Senator Rands admits that Columbia Valley
line 1 Harrlman project. Page 1.
Arta and neighboring districts cannot be
rnncxed to Portland at June election.
Page 14.
Exaggerated stories about earthquake injure
. fccuthem Oregon. Page 14.
Republicans feel sure of success. Page 10.
Sufferers from Pan Francisco disaster will
need aid for months ye u- Page 10
Presidential nomination and surrender his
hold on the Speakership. Secretary Shaw
ls a clever politician and he has not let
the grass grow under his feet. He Is go
ing to retire from the Cabinet within tha
next year or two and devote his entire
time to promoting his Presidential boom.
Spooner is in the running, but has taken
no active steps to secure the nomination.
Koot Ablest of All.
When all is said and done, it cannot
be denied that Root is far and away the
ablest man now mentioned as a successor
to Roosevelt.- He even ranks Taft in point
of ability. His opponents say he has been
too much of a corporation man to be a
popular candidate for President, but Root
is not a man who would carry his private
law practice Into the Presidency, and as
Chief Executive he would be just as fair
as he has been as Secretary of War and
as Secretary of State. The trouble with
Root lies not in the fact that he has been
a corporation lawyer, but in the fact that
he is a cool sort of man who makes
friends slowly. He is not what would be
termed a "jolty good fellow," but he is
one of the ablest men the country ever
produced and would make one of the very
best Presidents.
Taft Would Make Blunders.
Taft is more like McKinley; a Taft ad
ministration would be an administration
of the politicians. Taft would be popular
the people would like him: he would
make hosts of friends, and all that, but
he would make blunders, as he has in the
War Department. . It was Taft who advo
cated the purchase of supplies for the
Panama Canal 1n foreign markets rather
than in the United States, because they
could be bought cheaper abroad than at
home. That was like Taft; it was frank
and showed his good business sense, but
it did not comport with the Republican
doctrine of protection of home industries.
This was only one of Taft's "breaks";
there have been others, and there would
be still more if he became President.
At best, it can be said that Taft has a
good chance of securing the Presidential
nomination, unless he in the meantime
accepts a Judgeship on the Supreme
bench. In that event, he would be out
of the running;.
No Second Fiddle for Roosevelt.
But what of Roosevelt? Would he be
content to settle down Into a Cabinet offi
cer's chair after retiring from the White
House? Would he make a good Secretary
of State? Probably not. The President
Is impulsive, and an Impulsive man doe3
not make a good diplomat. But it is very
doubtful If Theodore Roosevelt would
.want any Cabinet office after serving two
terms as President. It is more likely he
would prefer to go to the Senate. There
he would be a central figure; he would
wield a great Influence, and would remain
in the limelight. Of course. It has been
said he would become president of Har
vard University, would accept this, that
and the other position, but nobody knows
what he intends to do, and talk about his
future Is (-. purely speculation as is the
talk aboub yTaft's having a cinch on the
Presidential nomination. Nevertheless, it
Is all very interesting;.
THREE MORE ARRESTED
ANOTHER BAG AMONG OSKOSH
' LUMBERMEN FOR FRAUD,
Accused of Conspiracy With Parker,
of Ashland, to Obtain Land, in
Lakeview District.
OSHKOSH, Wis., May 8. (Special.)
Three .more Wisconsin lumbermen have
been served with warrants charging them
with complicity in Oregon timber-land
frauds, the warrants being issued on in
dictments formulated by a Federal grand
jury sitting in Portland during April. The
last men to be served were Joseph Black,
John C. Black and August Anderson, all
of Shawno. Eight Wisconsin men are
now under arrest as the result of Federal
capiases issued at Portland. The Shawno
men were expecting the indictments, and
accepted service through their attorney.
M. J. Wallrich, who furnished bail for
their appearance with the Oshkoah men
before "Federal Court Commissioner Me
Donald in this city Friday.
In the indictment it Is charged that the
Blacks and Anderson conspired with Sum
ner A. Parker, of Ashland, Or., to obtain
land by means of proving, up on false
statements of alleged settlers in the Lake
view district, and that these lands were
obtained for the Oshkosh Land & Lumber
Company, of which the Oshkosh defend
ants were members. '
UNION PACIFIC IS GAINING
Increase in Net Earnings for March
and Nine Months.
BOSTON, Mass.. May 8. (Special.)
Union Pacific reports today March opera
tions as follows:
Gros .arrttngtv- $ 5.106.913
Expenses and taxes. ... . 2.90t.t,
Net 2,JIM.at5
Increas. in itrosa earning, over
March. 1M 327.111
Increase in net earnings 43.224
Gross earnings for nine months. . 50.7rt",r25
Expenses and taxes 2T.1T1.621
Net earnings 23,595.903
Increase in gross earnings over
corresponding period last year.. 6,lfl0.ftR7
Increase In net earnings 3,000,229
QUIET, ORDERLY LYNCHING
Negro Hanged in Mississippi for At
tack on Constable.
JACKSOX. Miss.. May S. (Special.) A
negro named Sam Sims, who attempted to
assassinate Constable Lamar Hendricks,
near his home, six miles north of Clinton,
last niirht and succeeded in shooting the
officer's horse from under him, was
caught this afternoon and lynched by a
mob of farmers. The affair was quietly
conducted.
Sims was in the custory of Hendricks
when the mob overpowered the officer,
tied him tight and fast, then hanged the
negro to a nearby tree. . .
Deaths in. Election. Riot.
SARTENA, Russia. May 8. Two men
were killed and two wounded in the
course of au election dispute today.-
LIMITED
REVIEW
OF RATE ORDERS
Roosevelt Policy Will Be Sup
ported by Senate
Majority.
FULTON EXPLAINS PROVISO
Great Difference Between Broad
Court Review Proposed by Knox
and Limited Review Pro
vided by Allison.
OREGONIAN NEWS BUREAU,
Washington, May 8. The Hepburn
railroad-rate bill is expected to pass
the Senate with the revised Allison
amendment presented to the Senate
today. Probably all other amendments
of importance will be voted down. The
Republicans of the Senate are prac
tically unanimous In indorsing the Al
lison amendment, which foreshadows
the passage of the bill by a. party vote,
unless some Democrats change their
position and fall into line.
There is a vast difference of opinion
as to the true significance of the Alli
son amendment, some Interpreting it
to provide for broad court review, and
others, like the President, maintaining
that it does not enlarge the scope of
the House bill in the matter of court
review. Senator Fulton is one of the
latter, and will make a speech in a few
days outlining his position. Explain
ing the Allison amendment, an impor
tant feature of which he himself drew,
Fulton today said:
Does Not Allow Broad Review.
"The contention that the Allison
amendment provides for a broad judi
cial review of orders of the Commis
sion, or in any degree enlarges the
right of review contemplated in the
provisions of the bill as it came from
the House. Is utterly untenable. Aa
the bill passed the House, it contained
the following provision:.
" 'The venue of suits brought in Cir
cuit Courts to enjoin, set aside, annul
or suspend any order or requirement
of the Commission shall ba In the dis
trict where the carrier against whom
auch . order or requirement, may have
been made has its principal office.'
" "It must be apparent to anyone read
ing that provision that the bill recog
nized the fact that such suits would
and properly might be brought to test
the validity of orders of the Commis
sion. It might be contended that a
given order was in violation of the
Constitution, as for Instance, that the
rate fixed was so low as to deprive the
carrier of its property without just
compensation, or it might be contended
that in prescribing a certain rate or
regulation the Commission had exceed
ed its authority granted by Congress.
Only Recognizes Existent Rights.
"Either of these questions .everybody
concedes the carrier would have a right
to have tested in court and could not be
deprived of such right, therefore the bill
provided for the venue of a suit instituted
to enjoin, set aalde, annul or suspend an
order or requirement of the commission,
It did not specifically provide that the
commission might be made a party to any
such suit, nor did it specincally state that
the courts would have jurisdiction to hear
and determine such suits. Both conten
tions always seemed absurd to me, and I
did not at all believe that either conten
Hon wag sound. It did seem to me, how
ever, and I said in the course of the dis
cussion that I had no objection to insert
ing a provision specifically providing that
the commission might be made a party to
any such suit. Nor did I se any objec
tion to specifically stating- that the courts
should have jurisdiction to hear and de
termine such suits.
"As stated, I have no doubt but that
such suits might be maintained without
any provision therefor being made, be
cause it is the constitutional right of
every person affected by an order of such
a body as the commission to have the
validity of such order judicially deter
mined. I therefore suggested, and the
suggestion was finally adopted in the
shape of the Allison amendment, that
after the words "United States' in the
provision above quoted from the original
bill, the words 'against the commission
be inserted, and that there be added to
the provision the words "jurisdiction to
hear and determine such suits is hereby
vested in such ccourts.'
What Broad Review Means.
"It is now contended that the amend
ment operates to give broad and unlim
lted judicial review of all orders of the
commission. The contention is utterly
without foundation. It will be observed
that the difference between this provision
as proposed today and the provision in the
Knox bill is manifest. The Knox' bill,
which is practically the same as several
so-called broad .review bills, provides that
"any carrier, person or corporation party
to proceedings affected by a decision of
the commission as to rate or practice
covered by a complaint, or by its order
prescribing a different rate or practice,
and alleging either or both to be a viola
tion of its or his rights, may institute
proceedings against the complainant, and
the Interstate Commerce t-ommission in
the Circuit Court in any state or district
in which any portion of tne line of the
carrier or carriers that were parties to
the complaint may be located, as a court
of equity to have such questions deter
mined." "Under such provision, it is clear
that every order and requirement of
the commission would be subject to
judicial review, for it is specifically so
provided, and therefore the discretion
exercised by the Commission would be
a subject of review and the court
would undoubtedly be authorized ' to
inquire into every such order and de
termine whether or not the judgment,
requirement or rate was reasonable.
'But the provision in the House
bill, as proposed to be amended by the
Allison amendment, fixes the venue for
the trial of cases which shall be insti
tuted to annul an order of the Commis
sion and gives the courts jurisdiction
to hear and determine such suits, but
does not provide what suits may be
instituted or prosecuted, or on what
ground suit may be Instituted, and.
therefore, orders of the Commission can
be attacked only on the ground that
they are either In violation of the Con
stitution or in excess of the authority
granted the Commission, and the exer
cise of discretion by the Commission
and its determination as to whether or
not a given order or rate is reasonable
cannot be disturbed unless it can be
shown that It is in violation of the
Constitution or in excess of the au
thority of the Commission, will be con
clusively determined by the judgment
of the Commission, and the Judgment
of the court cannot be substituted for
that of the Commission.
Commission Has Discretion.
"This is on the well known and uni
versally accepted rule of statutory con
struction that, when a legislative body
commits to a commission or board such
as the proposed Interstate Commerce
Commission authority to do certain
things and to exercise its discretion in
discharging such duty, the courts will
not review the exercise of that discre
tion unless the statute directly author
izes them so to do. That this statute
will not authorize the review of any
order is'manifest. It simply recognizes
the fact that suits may be instituted
attacking the order and it provides in
what court such suits shall be tried.
But It does not authorize every, or in
deed may, order to be reviewed, and
hence any such suit must be based on a
simple constitutional objection to the
order or on the ground that It is a vio
lation ' of the authority granted by
Congress."
ALLISON AGREEMENT CLOSED
Amendments Laid Before the Senate
Cover Court Review Question.
WASHINGTON, May 8. Senator Cul-
lom today presented the Allison
amendments to the railroad rate om.
The reading of the amendments, on
which Senate leaders are agreed, was
listened to with great interest and at
its conclusion the amendments were
hurried to the Printing Office with in
structions to have them printed and
returned to the Senate today.
The first amendment, after striking
out the words, "fairly remunerative."
in section of the bill, provides for
the insertion after the word "pre
scribed," of the following:
All orders of the commission except orders
for the payment of money ahall take effect
within much reasonable time ana win cor-.
tlnue !n force, f or sucn fierloa or Time, not
exceeding' two "years, as eMail De preacrtoen
in the order of ne commission.
In the same section the provision
specifying when orders of the Com
mission shall take effect, is stricken
out.
. Then comes in the .original Allison
amendment, providing for the bring
ing of suits against the Commission,
and after the word "office," is to be
inserted the following:
And if the order of reaulrement has been
made against two or more carrier In the
district -where any one of sale; carriers nas
an office, and the carrier haa Its principal
operating office In the District of Columbia.
then the review shall Be in tne district wnere
said carrier has Its principal office, ana juris
diction to hear and determine such suits is
hereby vested In such oourts.
In this same section, after the word
"suits," is to be inserted, "Including the
hearing of an application for a pre
liminary injunction." After the word
"causes" is to be added:
Provided, that no injunction or interlocu
tory decree suspending or restraining the en
forcement of an order of the commission
shall be granted except on a hearing, after
not les than seven days notice to the com
mission. An appeal may he taken from any
interlooutory decree granting or continuing
an injunction in any suit, but shall lie only
to the Supreme court or tne unitea states.
Provided further, that the appeal must be
taken within 30 days of the entry of such
order or decree and shall take precedence In
the appellate court over all other causes ex
cept ' causes of like character and criminal
causes.
The amendment further provides for
striking out the last sentence of sec
tion 6, which reads as follows: ,
Whenever an order of the commission, made
In pursuance of section 15 as amended, other
than an order for the payment of money
shall have been complied with for the period
of three years, such order shall not there
after be in force aa against the carrier mo
complying therewith.
These amendments are the result of
last night's conference between lead
er nf the contending factions. A
memorandum was prepared and ex
changed to avoid all further misunder
standing, as follows:
Fin The words "fairly remunerative,'" h
section 4 of the bill, to be stricken out.
Second The words "'In Its Judgment,"' in
the nine section, are to be retained.
Thirtl Jurisdiction Is vested in the United
States Circuit Courts to hear and determine
suits against the commission.
Fourth No preliminary injunction or inter
locutory order is to be granted without a
hearing and notice.
Fifth The application for preliminary In
junction or Interlocutory decree is to be heard
by three Judges.
Sixth A direct appeal from the Interlocu
tory order of decree to lie only to. the Su
preme Court of the United States.
JOINT CANDIDATE ELECTED
Rose Wins on Prohibition Issue, Get
ting Many Women's Votes.
KANSAS C1TT. Mo.. May 8. (Special.)
W. W. Rose, who was ousted from the
office of Mayor of Kansas City, Kan., by
the Kansas Supreme Court for not en
forcing the prohibitory law, was re-elected
Mayor today at a special election by a
large majority. His opponent declared
that, if elected, he would close the 180
joints in the city.
Rose was fought by the Civic League
and besides had to overcome a large nor
mal .Republican majority. Of the 4300
votes cast by the women, more than 2000
went to Rose.
Nobles Demand Dictatorship.
MOSCOW, May 8. The congress of
reactionary nobles today adopted an
address to Emperor Nicholas, demand
ing the Introduction of a military dic
tatorship, to put a stop to anarchistic
attempts and to, restore tranaulllity
to the country.
RANDS
COMES
OUT INTO OPEN
Admits Columbia Valley Is
Harriman Railway
4- Project.
FIGHT FOR NORTH BANK
Hill Line Submits Ita Testimony in)
the Struggle for Control of
Right of Way Along
Columbia River.
A railroad company on trial for Its
corporate life, for the right to exist and
enjoy the privileges in the Stata of
Washington of a railway company, ia
practically what the suit begun yester
day at Vancouver by the Portland &
Seattle Railway Company to condemn
rights of way across lands belonging;
to the Columbia Valley Railroad Com
pany, amounts to. Of doubtful parent
age, the defendant corporation is la
boring under the handicap of repeated
aspersions cast upon its purposes, but
In the suit now being tried, the Colum
bia Valley has got to "make good." To
defend its rights of way against the
condemnation suits of the Hill road.
the Harriman line will have to estab
lish Its good faith beyond question and
give up forever its bushwhacking, fili
bustering tactics along the north bank:
of the Columbia River. Counsel for the
road claims its readiness to do this and
began Its case yesterday.
Harriman Its Sponsor.
If anyone has formerly had a doubt
of the interests which brought the Co
lumbia Valley into being, that doubt
was dispelled by the testimony yester
day. Senator Rands, secretary, treas
urer and trustee of the Columbia Valley
Railroad Company, gave the sponsors
of the company and the men who now
manipulate it. He told this unreserv
edly on the witness stand' and his state
ments Indicate that it Is an authorized
branch of the great Harriman system.
with ample funds back of It, and with
hundreds of men already at work on
the digging of grades and the blasting
of tunnels. That the showing being
made by the Harriman interests on the
north bank is a strong one is admitted
and counsel for the road state that the
line will surely be built If the court al
lows the road its rights. Chief Engi
neer P. L. 'Wise says the Harriman road
is spending 11000 a day for construc
tion. History of Railway.
It seems to be true that when the
Columbia Valley was first located along
the river from Wallula to Vancouver
in 1899, the Harriman backers expected
to build a line of railroad there at once.
At one time it was given out that work
would be definitely started within two
weeks from a given date. Then fol
lowed the Northern Securities merger
and the unholy pact between the rail
roads that parcelled out the Northwest
as a farmer would send his flocks to
pasture. Railroads were not built any
more in this territory for years and the
Columbia Valley shared the fate of all
ralj projects. Later with the breakup
of the former agreements, the Hill in
terests occupied the route down the
liver on the north bank. With the an
nouncements of another Hill road int
Portland came the resuscitation of the
Columbia Valley through the Wallula
Pacific, whose organization guarded
the rights of the old road down the
river. It Is asserted that the forming of
this company spurred the Portland &
Seattle to use all the speed possible and
hastened the construction of the Hill
line by at least two years.
Senator Rands' Testimony.
Testimony of Senator E. M. Rands,
who was the star witness at yester
day's hearing, showed that the first
definite resolution to build the lino
originally laid out by the Columbia
Valley In 1899 was passed at a meeting
of the directors of the company in
President L. Gerlinger's office on April
14, 1906. At the session President Ger
llnger, who Is also general manager of
the road, was authorized to let con
tracts immediately for the construction
of the road and do all things necessary
for the speedy completion of the work.
Stock of the Columbia Valley Rail
road is held by Fred G. Relghley and J.
F. Boyle, partners with E. H. Harriman
in his brokerage business on Wall
street. The stock was originally sub
scribed by H. F. Conner, then an at
torney in W. W. Cotton's office.
Senator Rands holds one share of
stock, he testified, which was trans
ferred to him when he became secretary
of the company in February, 1900. He
paid nothing for the stock.
How He Got Share of Stock.
"How did the owners come to make
you a present of your share?" asked At
torney James B. Kerr on cross-examination.
"I cannot say." was the reply.
"What inducements did you hold out to
them to cause them to make you a pres
ent of one share?"
"I made none." .
"Did any money ever come to you asj
treasurer of the company from the sale of
stock?"
"No."
"Was any of the stock ever paid up?"
"Not so far as I know."
The witness said, in answer to questions,
that none of the stockholders who held
more than one share of stock ever attend
ed the stockholders' meetings, and, so far
as he knew, none of the Eastern stock
holders ever came West to look over the
property of the corporation.
Senator Rands was asked if. when he be-
tQoncludcd a Fag 3.)