Morning Oregonian. (Portland, Or.) 1861-1937, October 24, 1906, Page 4, Image 4

Below is the OCR text representation for this newspapers page. It is also available as plain text as well as XML.

Hill and Harriman Forces Meet
to Settle Dispute in
T'irs-t Question Con si tiered Is Ar
ranscnirnt of Tracks in City.
Agreed That Peace Is Wl&er .
and Clieaper TJian AVar.
CHICAGO, Oct. 23. (Special.)
Conferences are beins held in Chicago
between the Hill and Harriman forces
with a view to settling some of the
differences -which exist between them
In tho Northwest regarding- construc
tion of new lines of railroad. The
new Portland terminals and the new
lino which the Hill interests are con
st ructing along the bank of the Co
lumbia Kiver to Portland, and the new
lino which the Harriman interests are
building from Portland north to Seat
tle, ure among the subjects which are
being diHcussed.
The Hill interests arc represented
by Howard Elliott, resident Gf tne
Northern Pacific, and C. M. Leve,
t ii ird vice-president of the same road.
The Harriman interests iire boingHak
en care of by Julius Kruttschnltt, di
rector of maintenance and operation;
W. V. Cotton, general solicitor of the
Oregon Kii ilroad c Navigation Com
pany, and J. P. O'Brien, vice-president
and general manager of the same road.
it is understood that both the Hill
and the IJarrirmin i nt crests have de
cided that lighting Is foolish and ex
pi' v, and that peace is the most
desirable thing to have, but thus far
there has not been material progress
toward the latter condition. In the
came connect Ion J. T. Farrell, Mr.
Hnrrf man's right-hand man . in the
Northwest, is here, and is golng over
the route of the new line which the
Harriman peoplu are extending Into
The Portland terminal fight was the
first matter considered. So far as
could be learned tonight, the qtic-tlon
lias not been settled, but the why is
being paved for a settlement, at least
with regard to the arrangement of
Woslorn Magnate Buys Out- Oppo
nents' Interest in Holding Com
pany for. Contested Stock.
NEW YORK. Oct. 23. The Tribune to
morrow will say: -
Stuyvesant Fish, president of the Illi
nois Central Railroad, hua sold to E. H.
Harriman. his one-third interest In the
Railroail Securities Company, of which he
has for several years been president and.
Jlr. Harriman vice-president, and has
resigned as an oftleer and director of
that corporation.
TJhe Railroad Securities Company upon
its organization acquired S0.000 shares of
Illinois Central stn?k, against which it
issued JS.000,000 in collateral trust bonds
which were subsequently exchanged for
stock certificates. The Illinois Central
holdings now assregatc M.T.'iO shares. Mr.
Harriman and hi.s friends own a two
thirds interest In the Securities Company
and have controlled the entire Ht.lii
shares of Illinois Central held by the
It is understood that Mr. Klsh receives
from Mr. Harriman payment lor his in
terest in the Railroad Securities Com
pany partly in cash and partly in Illi
nois Central stock, the amount of the lat
ter delivered to him being something: in
excess of S000 shares.
Mr. Harriinan's offer to buy out Mr.
Fish's Interests is said to have been made
a few days before the annual meetins
of the Illinois Central directors last Wed
nesday in Chicago.
Iteslgns at Ambassador's Keqnost.
No More Foreign Middies.
ANNAFOLtsV. Md., Oct. 23. At the
request nf the Japanese Embassy at
Washington. Midshipman Ashni kiti
srakf. of the third class at the Naval
Academy, has submitted his resigna
tion, which will be accepted, it is un
derstood, rending tho department's
action on his case, however, he has
been granted an extended leave of ab
sence. Kltisaki is a son of Karon Kitl
gaki. of the Imperial Privy Council. He
entered the American Naval Acfldemy
in September,' 1904. No reason is as
signed for his resignation.
The resignation of youn Kitisaki
removes the only remaining Japanese
midshipman at the Academy,, the other
one, K. Matsukaia. having died last
August of typhoid fever.
Ieported Mexican Kebels Meet Death
Without Delay.
niOENIX. Aril.. Oct. 23. A special
to the Republican from Tucson says
that a well-knowr. citizen of that place
whose name is withheld has returned
from Nogales. where he was authorita
tively informed that Salcido and all the
other revolutionists recently deported
from Arizona, were taken to Hermo
Billo and summarily executed, notwith
standing official statements to the con
"I Leave Everything to You, AY rote
Centennial Mate to His Wife.
SAN FRANCISCO, Oct. 23. A letter
containing the last message of a sailor
to his wife, written but a few hours be
fore his vessel left port never to touch
land again, was plaeed on tile today in the
Frobate Court, in lieu of a will, to dis
pose of the &000 estate of Bent O. .Lee.
.s. who was also known as Bent Olson,
was the mate of the steamer Centennial,
which left the Siberian coast late in (
March, for San Francisco, but never i
reached here. The letter produced by
Mrs. Lee was written from Vladivostok.
Lee expressed the hope that everything
would go well with him. as his steamer
was soon to leave for Hakodate, and in
concluding his letter said:
"If anything should happen to me, I
leave everything to you.
It is this simple statement of a last
desire on which Mrs. Lefe, asks for letters
testamentary upon his property.
Switchmen or Middle West Call on
Kailroacls to Yield.
CHICAGO. Oct. 23. The Brotherhood
of Railroad - Trainmen,, on behalf of its
switchmen, today presented demands . to
all the railroads entering Chicago for an
eight-hour day.' The Brotherhood s ac
tion follows that of the Switchmerfs
Union, which presented similar demands
some time aero, but the two movements
are independent of each other. The rail
roads, however, will be obliged now to
deal with practically the whole organized
strength of the Switchmen's Union. In
tliis respect the movement" is the most
extensive attempted by the railroad or
ganizations in many years.
Every railroad west of Pittsburg and
Buffalo in the United States is Involved.
Jn Chicago the twenty-three trunk lines
Carter ii. liarrinon, Ex-Mayor of
Chicago, Injured While Hunt ins
in Canada. 1
MOXTRKAL, Oct. 2.'I.-Ex- Mayor
Carter H. Harrison, of Chicago, was
taken this morning from Rideout, Ont.,
via Toronto, to Chicago. Buffering from
a badly strained back and possible
internal injuries. "With a party of
friends he was moose hunting back of
Charleau when he was injured during
a portage.
CHICAGO. Oct. 23. The members
of the family of Carter H. Harrison
said today" that they had received no
report of his being injured seriously,
although they had received word that
ie was suffering with lumbago.
anrl the short belt lines and private rail
roads owned by corporations are all
called upon to comply with the switch
men's request.
While the Brotherhood's demands were
presented to the railroads simultaneously
in a dozen larpe cities, the main move
ment originated in Chicago after a con
ference which lusted two days and was
attended by President Morrissey and
other- officials of the Brotherhood. The
orders to make the demands in outside
cities were telegraphed tonight by Mr.
llarriman's Machinists May Strike.
K K W ORLEANS, Oct. 23. It is said
that as a result of -the discharge of 10
machinists of the Algiers shop of the
Southern Pacific and because of alleged
discrimination of loner standing against
their organization, 10,000 members of
the International Association., of Ma
chinists may be called out on strike on
that system within a day or two. Tho
men affected are in what is known as
District No. 11, extending from New
Orleans to Portland, Or.
Thomas I Wilson, a vice-president
of tlie International I'nion, says trio
National officers will first endeavor to
secure the co-operation, of Mr. Harri
man himself to have the discharged
men reinstated and will try to nego
tiate an agreement whereby arbitrary
powers of master mechanics in dis
charging employes without cause will
be abrogated. .. .
There seems to bo no likelihood of a
sympathetic strike in the local South
ern pacilic shops on account of the dis
charge of union machinists at Algiers,
l-.a. Master Mechanic Younger says
the local force would hardly take up
such a matter to the extent of calling
astrike and, even if this extreme were
resorted to, he thinks it would embar
rass the repair department only tem
porarily. The open shop la maintained
here and, while the machinists are
largely union men, many are not allied
with the unions.
Portland Man Becomes Unconscious
on Train to Spokane.
SPOKANE, Wash.. Oct. 23. (Special.)
A man supposed to be C. F. Itaether,
who was taken off the O. K. & N.- train
from Portland this morning: in an un
conscious condition, died this afternoon
at the Washington Hospital. He is
not yet fully identified.
His frrip contained a copy of the
Washousal, Wash.. Sun. On the paper
was written the name, C. F. Raether,
and this, coupled with finding corre
sponding initials on the sweatband of
his hat, seemed to establish his iden
tity and address.
Raether uparded the train at Port
land, and a short while after leaving
that town ho was found unconscious.
The man was about 5 feet 7 inches in
height and of heavy build. He had
light brown curly hair and a mustache
of the same color.
Pope Makes Light ot Gout Compared
with 'ew Cabinet.
- ROME, Oct. 23. The Pontiff is suffering
from a sllsht' attack of gout and has
been ordered to take a rest.. At a late
hour tonight the pains gradually dimin
ished and he fell into a peaceful sleep.
The composition of the Clemenceau
cabinet in France has produced a most
unfavorable impression at the Vatican.
The Pope is quoted as saying that the
affairs of France cause him .greater pain
than any physical suffering.
Iowa Requisition Is Honored.
SALEM. Or.. Oct. (Special.) Gov
ernor Chamberlain today honored a re
quisition from Iowa for the extradition
of Fv L Fredrickson, wanted for forgery
and now under arrest in Grants Pass.
f i
- ! t
f . 'J t
t -! - Jn
1 I
MONTREAL, Oct. 23. Ex-Mayor i
No Trains Can Move on Colo
rado Railroads.
Depth of Whiteness Ranges From 2 1
Indies to Four Feet and Gale
Has Drifted It Kansas
Feels Blizzard.
DENVER. Colo.. Oct. 23. Eastern Colo
rado has been in the throes of a blizzard
today, but the Weather Bureau holds out
the hope of clearing weather tonight.
Snow ceased falling in Denver this af
ternoon, -the storm center having moved
The actual fall of snow in Denver since
Friday night was about 21 inches and in
some portions of the state it was four
feet or more. Delay of freight and pas
senger traffic on the railroads is tho
principal damage done by the storm thus
far, although fruit crops and livestock
are threatened.
A dispatch received from Fort Morgan,
Colo., i0 miles northeast of Denver, at
noon today says:
"There is two feet of snow on the
ground now, and waves of white are" com
ing from the north and northeast, driven
by a gale. But little can be learned of
the actual conditions in the country dis
tricts, as roads are impassable. I f the
storm continues 12 hours longer and the
weather turns very cold, thousands of
cattle and sheep on the range will per
ish. The storm in the vicinity of Limon,
Colo., last night was very heavy. All
Rock Island traffic between Colorado
Springs and Llmon has been discontin
ued. The Rocky Mountain Limited,
which should have left here at 1 :40 A.
M., is standing at tho Union Depot await
ing developments and cannot get away
todays It is said that there is four feet
of snow on the track east of Limon and
still snowing. A high gnle is blowing
and drifting the snow very badly.
Steamer Arahistan Carries 7 0 .Men
and $3,000,000.
NEW YORK. Oct. 23. No news has
been received from the British steamer
Arabistan. which is now several days
overdue at San Juan. P. R. Norton" &
Co., the agents here, say they believe
that the ship is all right and will soon
appear. The Arabistan, besides miscel
laneous cargo, carried $3,000,000 in gold
and 70 men. On her way from Buenos
Ayres for New York she stopped at St.
Lucia for coal. She sailed for San Juan
on October 12, and should have crossed
the Caribbean Sea in from five to
seven days. After the Arabisran sailed
from St. Lucia a hurricane tore across
the Caribbean Sea and there is some
fear that she was caught by it.
Worst Blizzard in History.
' CHEYENNE, Wyo.. Oct. 23. Wyoming
is in the grasp of the worst blizzard in
the history of the state. Old timers' -concede
they have never seen anything to
equal the present storm, which has raged
for four days. ....
All railroad lines out of Cheyenne were
blocked today.
Burton Enjoys Half Hour's Liberty
on Parole.
IRONTON. Mo., Oct. 23. A half-hour
of liberty and a stroll to his wife's boarding-house
and back to the Iron County
Jail varied the monotony of ex-United
States Senator J. R. Burton's first day in
jail today. Pleading that he wished to
get some books and papers from - his
trunk. Burton was permitted by Sheriff
Marshall to take a brief recess from con
finement. As Burton reached the street
he saw his wife and niece just returning
from a drive. They accompanied lilm to
tho homo of Dr. Smith, where Mrs. Bur
ton is boarding.
Mrs. Burton prepared breakfast for her
husband this morning and took it to the
jail, where he improvised a chair ns a
table in his cell and enjoyed the viands.
Mrs. Burton asserts that she will pre
pare all the meals he eats, in order that
he may not have to Bubslst on prison
Burton shares a cell with James Wise,
convicted of having embezzled from a
postofflce. A separate cell will soon be
given' him and Burton asserts that as
soon as he has a coll to himself and can
place therein a small -writing desk he
will devote much time to writing, until
he returns to Abilene, Kan., and resumes
his law practice.
Weaver Fears TSace Riots Theater
Men Will Fight.
PHILADELPHIA. Oct. 23. Mayor
"Weaver today issued an order suppress
ing the further production here of the
drama, "The Clansman," which began
last night and which ' was to have a
week's ensagement at the Walnut-Street
Theater. The Mayor's action was prompt
ed by the demonstration last night at the
theater by several thousand colored citi
zens. '
The management of the play will to
morrow go into court and apply for an
injunction restraining the Mayor from
interfering with the production.
Butcher in Indian Territory Accused
of Cowardly Murder.
HUGO, I. T., Oct. 23. R. E. Short, of
this city, was assassinated last night,
being shot through the window of his
house in the presence of his wife and
three children.
K. C. Adams, a neighbor, was arrested
today on suspicion of having killed Short.
The men had been partners in a meat
market and had disagreed over a finan
cial settlement. -Bloodhounds followed a
trail from Short's window to Adams'
door and tried to enter the house.
Crowd Ilenrs Senator Piles.
' CKNTRAI.IA, Wash.. Oct.. 23. (Spe
cial. Senator Sam H. Piles opened
the Republican campaign in Centralia
this evening: with a rally at the opera
house. A full house greeted him and
all of the crowd remained until the
end. - .
Ranker Must Do Hard T-abor.
NEWARK. O.. Oct. 23. James F. Lin
grafclter. the former bank official wno
was found guilty of forgery, was today
sentenced to four years at hard labor in
the- penitentiary. - Lingafelter is 6& years
' s - ,v
Men's and Women's All
Wool $1.50 Underwear at
TYTtvr 'a alltrnnl natural frrav anrl
wool natural gray Underwear; perfectly finished and shaped
garments; the $1.50 quality, on sale at, per garment 05
Your best interests demand that you get value received for every dollar you ex
pend. . You are absolutely sure of getting value received when you buy Blankets
here. The Blankets are made of pure Oregon wool you know there's none bet
terand the prices are of the sort you naturally expect to find at a woolen mill
store that is, lower than elsewhere.
$4.50 gray wool Blankets ; full double
size; special $3.75
$5.50 gray wool Blankets ; large double
size; special 4.50
$7.50 gray wool Blankets; the very
largest size; special 6.00
$5.00 mottled wool Blankets; medium
weight; special 4.00
$6.50 mottled wool Blankets; full
double size; special 5.25
$8.00 mottled wool Blankets ; extra size ;
special 6.00
Criticises Burnett's Decision Taking
From Coquille City Authority
to License Saloons.
SALEM, Or., Oct. 22. (To the Editor.)
Your editorial in The Sunday Oregonlan ap
proving Judge Burnett's decision on the lo
cal option question, merits examination, as
does also that de-ion. That the local op
tion law is a criminal law, either in its -dormant
state or. when vitalized and applied by
a majority vote to any given locality, is a
proposition .to which most lawyers will, not
readily give their assent. It the law is not
criminal in itB nature, it cannot be sound
sense or good law to bo class It.
There is no better criterion by 'which to
measure r law in ascertaining .whether it
is criminal or not than by the prohibited
act or subject to which it applies. If that
is malum in se that is, if the doing the
act is inherently a crime in itself, and so
recognized by consent of mankind, against
person, property or society, as for instance
the crime of murder then the law prohibit
ing the doing the act is necessarily crim
inal, for the subject to which it applies is
criminal. If, however, the act be only ma
lum prohibitum that is. merely prohibited
by law for reasons of public policy, or for
the better regulation of some business, trade
or profession then the law governing the
subject is not criminal, although, in order
to insure its enforcement th violation there
of be visited by fine or even imprisonment.
Strictly speaking, such a law is a penal law.
Blackstone says that "a criminal law is
that branch of jurisprudence which teaches
of the nature, extent and degrees- of every
crime, and adjusts to each its adequate and
necessary penalty." Assuredly, it has never
been asserted, or even remotely suggested;
that the sale of malt or vinous liquors is a
crime at common law, or a crime in itself.
The act in Itself is in no scne criminal,
for neither the Government or persons are
injured in person, property or morals. When
the act is legislated against, it becomes an
offense, not against persons, property or so
ciety, but against legislative flat or law.
That which before was perfectly lawful Is
thereby rendered, not criminal, but unlaw
ful, and, to make effective such unlawful
ness, a penalty is added..
The prohibition law is of the same nature
as and in the same catogory with a .score
or more of other laws upon our . statute,
such as the warehouse law, the barber law,
the pharmacy law, the surgery law, the in
fected sheep law and many more that read
ily occur to the mind all of them intended
to regulate, safeguard or prohibit ail or
some part of a trade, business -or profes
sion. I do not suppose that It ever occurred
to any person that it was a crime in itself
for a warehouseman -to Issue a warehouse
receipt for a quantity of grain or other com
modity, not actually in store- at the time of
issuing the receipt, -or for a : barber to keep
his place open on Sunday, or" for one to
drive infected sheep, but, actuated possibly
by reasons of public policy, the Legislature
has enacted that these things should -not be
done, and whoever does them is subject to
indictment, fine ox imprisonment. Yet none
of these laws or any other of like nature is
regarded as . a criminal law. and not one
of them has ever been classified or codified
as such by the able compilers of our law
It probably is necessary to dispose of the
local option law as being a criminal law be
fore asserting that municipalities, -through
their charter-making power, may settle this
troublesome question for themselves; and
this, not because the constitutional amend
ment adopted last . June provides that a
charter may be modified or amended subject
to the-criminal laws -of the state, but be
cause, if these words, had been left out
of the amendment, local ordinances could
not supersede siate criminal -laws. I take
it that those words are of no especial sig
nificance, except simply to emphasize a gen
erally recognized limitation upon the char-ter-mak'.ng-
power. It is reasonably safe to
assume it will be said by the Supreme Court
that by this amendment cities and towns are
given directly, by the constitution, all those
powers formerly delegated to them by the
Legislature pertaining to local self-government.
While we may probably expert the line to
be drawn here, this amendment certainly
has not abridged, if it has not actually en
larged, the power of towns and cities to
determine for themselves questions of local
self-government. However this may be. ever
ince cities and towns were first municipal
ised th Dover to settle for themselves their
Are you one of those to whom the value-giving power is as yet an
unknown, quantity? If you are you want to come here at once and
become acquainted. 'Twill be as much for your good as for our own.
One thing is certain, there will be mutual satisfaction you pleased be
cause of getting more" for money expended than ever before; we pleased
because We know we've added another satisfied customer to our list
Great Values in Cravenette Raincoats at
$ 1 0, $ 1 2.50 $ 15, $ 1 8, $20, $22.50, $25, $27.50, $30
The Best $15 Overcoat Is the "Oregon Buckskin"
Made of strictly ajl-wool "Oregon Buckskin" cloth the color a dark Oxford
gray the style the best the body lining a fine Venetian-the sleeve lining a
good satin the collar of velvet the coat any gentleman will be proud to own
lirrlit Vrrvn and women's ali-
$10.00 mottled wool Blankets; Alaska
weight ; special
$8.00 white. lamb's wool
$9.50 white lamb's wool
$11.00 white lamb's wool
We are offering a line
quality fancy blues;. Exposition
pieces, at very low prices.
policy upon this subject has been committed
to them among the very first of all powers,
because the question is purely a local one
with which outside society and government
at large are riot concerned. Moreover, the
power of the Legislature to delegate ex
clusive Jurisdiction to municipalities to reg
ulate the. sale of liquor oh Sunday, to en
force or not, to the exclusion of the state
courts, the Sunday-closing law, and in gen
eral to oust the state courts of jurisdiction
under state laws controlling or pertaining to
liquor business, has often been recognized
by the Supreme Court.
Indeed, in a number of instances the last
Legislature granted to several cities, in
which prohibition carried by the added vote
of rural precincts, exclusive jurisdiction to
regulate the liquor business, thus defeating
prohibition, and I have never heard It sug
gested that the Legislature did not have
the unquestioned power to do it. Why does
the Legislature exercise this power with
judicial sanction? Because it pertains to a
question of local self-government only. It
will never be contended. I think, that the
Legislature might constitutionally delegate
to a municipality the power to ltcense.teg
ulate or prohibit, as It might see fit, mur
der, arson, burglary or any other act com
monly recognized a3 a crime in itself, be
cause this would be usurpation of the police
power of the state and would in effect be
the enactment of a special or local law for
the punishment of common-law crimes, con
trary to the constitution.
Since the constitutional amendment in
question must. In the nature of things, pre
serve to cities and towns all those pow
ers, at the very least, the Legislature had
authority to delegate them, among which
was the power to regulate the liquor ques
tion, in spite of the local option law, and
since also, as I have endeavored to show,
that law is in no sense criminal, and in
deed Is not a. general self-acting law at all,
but dependent, upon a-majority vote of the
people in described local! ties for any effi
ciency. It seems . reasonably clear that a
municipality, deriving its powers of local
self-government from the constitution itself,
is not bound by it. A. M. CANNON,
Aeroplane Describes Circle and Is
Awarded $100,000.
PARI3. Oct 23. M. Santos-Dumont io
day made another unsuccessful afimpt
in his aeroplane to win the Archdeacon
prize. J
The machine sustained damages. Af
ter repairs had been completed. Santos
Dumont made another attempt and
this time his aeroplane fulfilled the re
quirements and won .the prize.
The Deutsch Archtecon prize amounts
to $100,000: It was promised to tho
first aerial appliance which, unsupport
ed by gas, should make a circle of at
least one kilometer without coming to
the ground. '
Sawyer Bankrobbers Captured.
MINNEAPOLIS, Oct. 23. Five" men
who Monday morning robbed the Sawyer,
X. D., bank, securing $6400. and who
fought a battle with the officers, are re
ported to have been captured by a posse.
Nan -alcoholic
If you think you need a tonic,
ask your doctor. If you think
you need something for your
blood, ask your doctor. If you
think you would like to try
Ayer's non-alcoholic Sarsapa
rilla, ask your doctor. Con
sult him often. Keep in close
touch with him.
W. publish the formula
of ail our preparations.
J. C.AyerCo.,
Wool Socks for Little
2 Pairs 25. Men's gray, brown, black 'Wool Socks.
3 Pairs 50. Men's black, gray and tan cashmere Socks.
25 for 35c home-knit Wool Socks.
35 for 50c and 75c home-knit Wool Socks.
f-V-' "v:V'-V:ynvvr'!.K..Vi
The "Friedman
I don't want any Members
highest -
show mxte ::::i:;:mmmm
I FOE. MEN 5ba -"3X
CLUB" to lose their "Soles." That" s Sic Reason I "welt"
them on to the Upper. The "Welt" is a Strip of choice
Leather which is first sewed on to the Upper and to which
the Sole js then joined. This is done on a poweiful Machine
using heavy waxed linen Thread making the sewing Stranger
and much more even than the Hand Process. There are
few Shoemakers in this Country who are Experts at this
work, but I always manage to get the ones whocan-ophold the
' e
" ATLAMTIC Shoes sre nest, tyBs smd
well Atting. Let our otslcriowtfaem ts m
l' it if m
a I iniiiix OKtY i rouse m kj.uoo
Men who know will tell
that carbonated
makes excellent high-balls.
Just a trifle laxative. Sold
quarts, pints and splits.
i llrnsa&VsKlfe?. 'till
a m a m it lm ill
"" i i i -y ii uuk
Third and
Stark Sts.
Shoe Maker"
No. S
Aft- Ij