THE 3IORXIXG OREGOXIAN, AVEDXESDAT,. "OCTOBER 24,. 19.00. 1 RAILROAD PEACE Hill and Harriman Forces Meet to Settle Dispute in Northwest. PORTLAND TERMINAL FIGHT 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' i.ai 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 Seattle. 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 tracks. FISH SELLS TO BIG DKAL INVOLVES ILLINOIS ( KXTltAL STOCK. 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 company. 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. LAST JAPANESE MIDDY. 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. EXECUTION IS SUMMARY 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 trary. LETTER IS SAILOR'S WILL "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. DEMAND EIGHT-HOUR DAY 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. MorrisFey. 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. DIES AT END OF JOURNEY 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. FRANCE CAUSES HIM PAIN 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 I No Trains Can Move on Colo rado Railroads. STORM ABATES AT DENVER 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 eastward. 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. MAY BE LOST IX HURRICANE 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. TAKES RECESS FROM JAIL 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 fare. 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. FORBIDS' "THE CLANSMAN" 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. TRAILED BY BLOODHOUNDS 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 Old. CHOKED W Ml ' 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 BROWNSVILLE WOOLEN MILL STORE LIQUOR POWER OF CITIES NOT TAKEN AWAY BY OPTION LAW, SAYS IiAWYER CAXXON. $ 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 WE ARE GIVERS OF BEST VALUES IN GRAVENETTES AND OVERCOATS 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 95c lirrlit Vrrvn and women's ali- $10.00 mottled wool Blankets; Alaska weight ; special $8.00 white. lamb's wool Blankets $9.50 white lamb's wool Blankets $11.00 white lamb's wool Blankets We are offering a line quality fancy blues;. Exposition pieces, at very low prices. .MILL TO MAN CLOTHIERS. 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, DUW10NT WINS THE PRIZE 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 Sarsavarilla X 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., ijoweu. 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. .7.50 ...6.50 ..8.00 ..9.00 f-V-' "v:V'-V:ynvvr'!.K..Vi iy. of J. L. BOWMAN & CO. 3 THE mt ORJIEJeX The "Friedman LECTORS 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 "FRIEDMAN STANDARD" OF PERFECTION. ' e " ATLAMTIC Shoes sre nest, tyBs smd well Atting. Let our otslcriowtfaem ts m friedmanJ & A CONTWUED SUCCESS PJD 51 YEARS. V I I fsffV 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. W.J.VANSCHUYVERCO. DISTRIBUTORS PORTLAND, - OREGON i llrnsa&VsKlfe?. 'till a m a m it lm ill "" i i i -y ii uuk mmmm Third and Stark Sts. Shoe Maker" No. S of my SHOE-WISE has you tu 1 1 Iff Aft- Ij