THE riORNING OREGOXIAN. THURSDAY, DECEMBER 13, 1906.
VERY SMALL HOLE
TO GET THROUGH
Standard Tries to Escape
Punishment on Technicality.
SAYS CONGRESS FORGAVE
Pretends That Rate Law Repealed
Klkins Law Against Rebates,
but Government Tears
Up Its Spider Web.
CHICAGO, Dec. 12. (Special.) Standard
Oil and the Miller doctrine of general for
giveness for rebate givers and takers
Btood under a raking; Are all of today
trom the Government's legal guns. The
proposition that the new rate law stopped
ell possibility of prosecution under the
old law was hammered by District At
torney Sims, Special Counsel H. Wilker
eon and Assistant District Attorney
Hanchett In arguments which kept Judge
"Land is attentive until night had fallen
' John S. Miller closes the arguments to
morrow morning. Then it is up to Judge
Landis, and upon his decision rests or
falls the possibility of further prosecu
tion of Standard Oil for Illegal rebating.
The records of Congress and the history
of the railroad rate legislation in the last
session of Congress played an important
part in the argument of counsel for the
Government.
Argument for Government.
"Any construction of the law which
.Imputes to Congress an Intention to pass
an act of general amnesty and absolu
tion," contended Mr. Sims, "is in conflict
not only with the history of the times
vbut with the act itself."
The attack of the Government was
.based upon the proposition that the rate
bill as approved June 29. and the joint
resolution of Congress approved June 30,
extending the time for the beginning of
operation of the act for 60 days, were
for all legal purposes one and the same
"legislative enactments.
If the case goes to the Supreme Court
for final adjudication, which is considered
a probability in any event, the tribunal
will be called on to determine the exact
time that the rate law became effective,
and in making this decision the testimony
of the President himself and his secre
taries will be of prime importance.
-o Saving Clause for Kebaters.
Mr. Sims contended that, even if It be
held that, the Klkins law was repealed by
the rate law. section 13 of the revised
statutpg prevented the release or extin
guishing of the penalties of the.Elklns
law. Further, he held that section 10 of
the rate law was not a "saving clause,"
as argued by Mr. Miller, but merely a
direction as to manner of procedure ' In
prosecutions brought under the law.
The point was made by the District
Attorney that, even If the Klkins law
were repealed by the rate law. the sus
pension of the rate law by the joint reso
lution of June 30 revived the Klkins law,
'and that therefore the latter was In full
force and action August 27, when Stand
ard Oil was indicted In Chicago.
Mr. Sims argued that the presumption
was manifest, taking into consideration
the Journal of Congress, that the Presi
dent Intended that the rate law and the
joint resolution should be regarded as
parts of the, same executive act, notwith
standing the difference in the dates.
HEAD OF COAL TRUST GUILTY
End of First Among Eighty Trials at
Omaha.
OMAHA, Dec. 12. After being out two
days the Jury In the case of S. E. Howell,
president of the Omaha Coal Exchange,
charged in company with 79 other mem
bers with maintaining a trust, in viola
tion of the state law, returned a verdict
of guilty' this morning. The case will be
appealed. This Is the first trial under
the indictment, which Includes practically
every coal Arm In the city. The court has
Indicated the, intention of trying each de
fendant separately and the next case
will be called Monday. .
CLASH JN SAN FRANCISCO
(Continued from First Page.)
report had ever been made to this Gov
ernment and at the Japanese Legation
-the story was promptly denied.
VIOLATION OF STATE RIGHTS
Rayner Assails Roosevelt's Position
on Japanese Question.
WASHINGTON, Dec. 12. Much Interest
was manifested today in the position de
f ended by Senator Rayner in his discus
sion of the Japanese question. He con
tended that the inherent rights of a
,tate could not be violated by treaty
any more than they could be violated
by Congress. To support this he cited
many cases adjudicated by the Supreme
Court and arrayed long lines of emi
nent authorities.
Rayner also gave the cases and au
thorities on the other side of the prop
osition. Ho was Interrupted many
times in his constitutional argument
by Senators who wished to bring out
specific points.
Caustic criticism of President Roose
velt's position prefaced Rayner"s discus
sion of the constitutional questions
Involved. If the military and civil forces
of the Federal Government were to be
used by the President. Rayner said,
it. became very important to know the
exact position of the President in the
matter. "Because," he added, "it is quite
a serious matter, in view of the great
calamity that has lately befallen the city
of San Francisco, for tho President to con
template the bombarding of the city at
this time, and to declare war against
the board of county school trustees of
San Francisco if there is no justification
of pretext upon which such ferocious pro
ceedings can be undertaken. The Presi
dent Is exercising a great many func
tionslegislative, executive and judicial,
lawful and unlawful, constitutional and
unconstitutional.
"If he is possessed of the idea that he
. is supervisor of all of the public schools
of the various states of the Union, and
he seems to be impressed with this Idea,
because in the very last paragraph of his
message he recommends the establish
ment of shooting galleries in all of the
large publio schools of the country, we
must either disabuse his mind of this
fancy or we must let him know that we
agree to the omnipotence of his jurisdic
tion. If he can take possession of the
public schools of California and compel
the state to admit to them Japanese stu
dents contrary to the laws of California,
he could with equal propriety send us
an amendment to the Santo Domingo
treaty and demand the admission of the
negro children of Santo Domingo Into
the -white schools of South Carolina or of
any other state of the Union.
"Of course, if the people have come to
the conclusion that everything that the
President recommends is right, then there
Is hardly any use in contesting any of his
propositions, and instead of conferring
upon him the power to give Congress in
formation of the etate of the Union, we
might confer upon him the function of
furnishing his own peculiar views upon
the entire state of the universe, and rec
ommending any improvements or changes
in' the general plan of creation that he
may deem expedient, from the cradle to
the grave. In fact, the President, upon
page 29 of his message, anticipates the
cradle and makes a recommendation upon
the state of the Union that tends to place
in his hands the establishment of the
birth rate of the country. Now If we
can only supplement this function by
giving him complete jurisdiction over, the
death rate we will then have a rule-on
which his ubiquity is uncircumscribed and
whose unlimited possibilities are beyond
the reach of human contemplation."
Rayner coincided with what the
President had said in his message ' in
praise of the Japanese. His sympathies
had, he said, been with them during the
war with Russia, and he thought it a
shame that Japan should have to be
overpowered In the conference room when
she had been victorious on the battle
field. He proposed, he said, to discuss the
present question entirely outside of the
particular circumstances, and plant him
self on these two propositions:
1. That there is no provision what
ever in the treaty with Japan that con
fers the right that the President speaks
of or gives to the government of Japan
the privileges that it claims In connec
tion with the public school system of
California or of any other state.
2. If there was such a provision in
this treaty or any other treaty confer
ring this right, the treaty would be
void and without any authority upon
the part of the United States to make
it, and in violation of the Constitution.
"The precise point involved," he said,
"is the tenth article of the Constitution
that powers not delegated to the United
States by the Constitution nor prohibited
by it to' the states are reserved to the
states respectively or to the people."
Continuing, Rayner said: "The power
of a state to regulate its public
school system is clearly among its re
served powers. Have we, therefore, a
right to provide in a treaty that the
citizens of foreign lands shall possess
privileges in a treaty that are prohib
ited either by the constitution or by
the laws of the state in which they are
claimed? If we can, in defiance' of the
laws and constitution of a state, incor
porate any such provision in a treaty
so as to bind the state, then we can
undoubtedly deprive the state of every
reserved right that it possesses and re
scind and annul its law and its Con
stitution whenever they come in con
flict with the treaty-making power. I
trample upon this appalling doctrine.
If ever such a deformity as this should
creep Into our judicial decisions it
would disfigure the Constitution to
such an extent that its features would
no longer be capable of recognition. It
would annul the charter; it would frus
trate the intention of the men who
framed it; it would undermine the en
tire framework of the instrument, and
it would convert us from a constitu
tional government into a dictatorship,
with the states in abject servitude to
the Federal power, and with the execu
tive in practical control of the destinies
of the Republic."
GOVERNMENTS FULLY AGREE
Japanese Foreign Minister Wants
American Constitution Revised.
SEATTLE. Wash.. Dec. 11. The latest
Kobe Herald received in America gives
the view of Viscount Hayashi, Japanese
Foreign Minister, in regard to the ques
tion of Japanese citizenship in the United
States. The Herald says:
"In accordance with the arrangement
mentioned in our last issue, a deputa
tion of members of Seiyu Kai waited
upon Viscount Hayashi, the Foreign Min
ister, on Sunday morning, to convey to
the anti-Japanese-movement in San Fran-
Cisco. A deputation from the Ken Kenzl
Honto was also present. The viscount i
assured them that the Japanese and
American governments were entirely at I
one in their views as to the San Fran-
Cisco difficulty. The Tokio authorities are
therefore limiting their action to provid
ing the American Government with the
necessary Information to enable It to ar
rive at a settlement of the trouble as
eoon as possible.
"The Viscount also said that the gen
eral public opinion in America was fully
in agreement with the attitude of the
central government. In conclusion Vis
count Hayashi said that he earnestly be
lieved that the United States authorities
would take advantage of this opportunity
to revise the Federal constitution, if
such a course was found to be necessary.
Japanese Pour in From Mexico.
EL PASO, Tex., Dec. 12. The number
of Japanese, applying for admission to
the United States through this port has
noticeably Increased within the last ten
days. Today 37 Japanese applied for ad
mission. They are, according to the im
migration officers, pouring into the Unit
ed States from Mexico through the port
of Eagle Pars and Laredo, claiming to
have come to Mexico as laborers and to
have become dissatisfied with the con
ditions and their treatment there.
Metcalf's Report Tuesday.
WASHINGTON, Dec. 12. President
Roosevelt has decided to send on
Tuesday next the report made by Sec
retary Metcalf, of the Department' of
Commerce and Labor, into the alleged
discrimination against the Japs In San
Francisco.
COX INNOCENT OF HERESY
No Sin for Rector to Express Sym
pathy With Crapsey.
CINCINNATI, Dec. 12. Rev. George
Clarke Cox. rector of Calvary Episcopal
Church here, was tonight acquitted of the
charges of heresy by the standing com
mission of the Episcopal diocese of Ohio.
The case had its origin in a letter written
by Mr. Cox to Bishop Vincent, in which
Mr. Cox declared that his sympathy was
with Dr. Crapsey, of New York.
Argument on Caruso's Appeal.
NEW YORK, Dec. 1. The appeal of
Enrico Carjiso, the tenor, from his con
viction on a charge of disorderly con
duct toward women in .the monkey
house at Central Park came up before
Recorder Goff today. No new evidence
was taken, the proceedings being 'lim
ited to arguments by attorneys. The
attorneys on both sides were given
until Monday to hand in briefs.
Robson's Sister May Be Insane.
NEW YORK. Dec. 12.-Mary Stuart
Nevison. an actress aged 58 years, and a
sister of the late Stuart Robson, was re
moved tonight from the Hotel Nor
mandlo to Bellevue Hospital, where her
mental condition will be Inquired into.
Rrd Eye and Eyelids, Weak Eye
And Tired Eyes Need Murine Bye Tonic
ORIENTAL
RUGS
Are just splendid
things for Christmas
gifts. Come up to our
carpet- department, and
see the splendid assort
ment we have to show
you. Genuine importa
tions, priced lower than
anywhere else.
UP
WORTMAN
FIFTH, SIXTH AND WASHINGTON STS.
CRAY WOOL
BLANKETS
Maybe you wouldn't
have thought of Blan
kets as presents, but a
pair of our wool blan
kets would make a
mighty acceptable pres
ent, just the same.
Priced at the pair. $3.25,
$4, $5 and up to.$8.50
Santa Claus Says That Thursday Is Doll Day
GIRLS HAVE THEIR INNING THURSDAY, AND WE'RE GOING TO GIVE THEM A
DOLL DAY THAT WILL MAKE THEM ALL COME IN HERE AND SELECT ONE OF
THESE PRETTY LITTLE LADIES TO "MOTHER."
WE'RE GOING TO MAKE A SPECIAL DISPLAY OF DOLLS, HAVE HUNDREDS OF
THEM OUT FOR YOU TO LOOK AT, AND WE WANT YOU TO COME AND SEE THEM,
ANYWAY, WHETHER YOU WISH TO BUY OR NOT.
FIRST, TO GET YOU INTERESTED, WE'LL TELL YOU OF TWO MIGHTY GOOD SPE
CIALS ON DOLLS READ ABOUT THEM.
JOINTED DOLLS, with shoes, stockings and
chemise ; light hair, goes to sleep ; 17 inches
long, and regularly worth 65e each; f Q
special at
0 Dolls, dressed in. sailor suits; have
2i?C brown hair and eyes ;" selling at 35c.
r?Er DOLLS, dressed in blue checked
i & C Eton Suits, with hats to match gown,
others with pink dresses and hats to
match, 75c.
d1 lTf DOLLS with light natural hair,
p M. miJJ blue eyes, and dress of white eta
mine, over blue. Hat to match. Price, $1.50.
fifp )) DOLLS, with dark hair and eyes,
if)&JJ dressed in white, with muff to
match; others have pink lace dresses, trimmed
in narrow ribbon; very pretty and stylish
dolls; price, $2.00.
ft A CZ( LARGE DOLLS, with brown hair
V " and eyes, dressed in figured or
gandie, trimmed with narrow -ribbon. Hat to
match, and white shoes and hose, $4.50.
DRESSED DOLLS, with dark hair and blue
eyes; dressed in pink, and dress is trimmed
with lace, braid and embroidered chiffon. Slip
pers and hose to match dress. Reg- Qj
ularly $1.00; special
0T DRESSED DOLLS, pink, blue and
wfC white dresses, trimmed with lace,
hat and shoes to match ; a splendid value,
at 25c.
Q. DOLLS, dressed in very pretty styles,
&JC with lace flounced skirts, and fancy
blouses, bats to match; have dark hair and'
blue eyes, 90c.
O ff DOLLS, with dark hair and
PJ ell brown eyes, dressed in light blue
silk, trimmed with cream silk, lace, large hat
to match; light blue slippers and hose. Only
$3.00.
$4
Cf LARGE DOLLS in yellow chiffon
dresses, with large hats trimmed
with chiffon and plumes; a beautiful dtfll
for $4.50.
Lace Curtains $3.25
Real Cluny Lace Curtains, in a rousing sale this
week. Here by the hundreds of pairs. New and
beautiful patterns; come in white or Arabian
color; heavy edges. A lot of over a thousand
pairs on sale". Several grades; $4.00 f O
grade, only pJ.iJ
$4.50 grade now... $3.65
$5.00 grade for ...... 3.95
$6.00 grade for .7 $4.75
$7.50 grade for ....$5.05
$9.00 grade for ' ,87.15
$12.50 grade for $9.95
Superb Silk Spec Is Thursday
19-INCH WASH TAFFETA, and it's the famous Imperial Wash Taf
feta, too; comes in black, white, cream and all the wanted col- CQ
ors; selling very special for Thursday, the yard.
BLACK TAFFETA SILK in three
widths, priced in special way for
Thursday, too. It's the depend-
BLACK PEAU DE SOIE, of ex
ceeding richness and luster, on
sale at splendid special prices
that will be of no small interest
to Christmas shoppers. It's
priced like this:
Regular 85c grade for... 69c
Regular $1.15 grade for. . . 93
Regular $1.50 grade for... $1.33
Regular $2.00 grade for... $1.59
able kind, that this store always
sells, and the prices show good,
substantial savings:
7oc grade, 19 ins. wide.. 58
$1.10 grade, 24 ins. wide.. 89
$1.50 grade, 38 ins. wide.. $1.24
$2 Silk Hose, $1.39
How's that for a special on Christmas Hosiery?
Rich black silk Hose, full finished, with spliced
heel and loe, and double sole; regit- C 1 OQ
Iarly $2.00 for pi.JiJ
WOMEN'S SILK HOSE, in pink, blue, black, tan.
cardinal and lavender; a regular 01 OQ
$2.75 quality, selling for, pair V- .OZ
WOMEN'S BLACK SILK HOSE, with embroidered
boots, rich looking and new; a regu- CJO TJ
lar $:?.50 Hose; special at 1
WOMEN'S BLACK SILK LACE HOSE, in pink,
blue, tan. gray, black, while, with garter tops; a
splendid $:5.00' quality ; selling Thurs- P 1 QO
day at, the pair tpl.isO
ANY RAINCOA T IN THE STORE
EDUCED 25 PER CENT
Second-Floor Suit Salons)
Any Silk Raincoat or Cravenette to go at One-Fourth less than the
regular price Thursday. It doesn't make any difference what the regular
price was, the price Thursday will be just Three-Fourths that amount. Orig
inal price marks remain on the Coats, just as some of you have seen them, and
all you need is Three-Fourths that sum.
The Silk Coats come in plain solid colors, or fancy stripes and checks.
The Cravenettes come in plain colors and fancy herringbone stripes or invisi
ble plaids.
The" Cravenettes have been selling at $10, $12, $15 and up to $38.50
each. The Silk Coats for $22.50 to $42.50.
Now we take One-fourth off of the price of any of them for the balance
of the week, beginning Thursday.
$10 Raincoats now
selling at
$7.50
$12 Raincoats' now
selling at '
$9.00
$15 Raincoats now
selling at
$30 Raincoats now
selling at
$22.50
n
$11.25
THE GREATEST RAINCOAT SALE OF THE YEAR
ONE-FOURTH LESS THAN REGULAR
n
SURPRISES THE GAMBLERS
JEROME BATTERS DOWN DOORS
AND MAKES BIG HAUL.
Refuses to Accept Bail Under Ficti
tious Names and Keeps Nearly
All 145 Men in Jail.
NEW YORK. Dec. II. Led by Dis
trict Attorney Jerome, 53 policemen
and detectives tonight raided an al
leged gambling-house in Tenth street
and arrested 145 men. The doors were
battered down with iron rails.
The new tactics of the District At
torney were apparently a great sur
prise not only to the prisoners, but also
to the lawyers and bondsmen who
flocked to the station to bail out the
prisoners.
Fictitious names are often given fol
lowing such a raid, but tonight the
District Attorney instructed the ser
geant at tho police station to require
the bondsmen to take oath that the
prisoners' names and addresses given
at the station-house were correct. Al
though lawyers appeared at the station-house
with bondsmen, the ser
geant remained firm, and in nearly
every case the bondsmen refused to
give bail. The result was that at a
lata hour the majority of the 145 men
were still held in cells at the station.
BLIZZARD IN MONTANA
Mercury Falls Below Zero and Snow
Storm Rages.
HELENA. Mont., Dec. 12. A cold
wave from Canada struck Montana this
morning, accompanied by high winds
and a fine, drifting snow. At Havre
it is below zero and snowing fiercely.
At Great Falls it is four above and
growing colder. At Helena there has
ben a drop of 28 degrees In the tem
perature in the last 24 hours, and it
is still going down. The storm is trav
eling eastward and reports 'from Bill
ings and Miles City say the mercury is
going down to zero and it is beginning
to snow.
Stockmen and sheepmen fear no
losses, as they have plenty of hay on
band to withstand a siege of cold
weather unless their herds begin drift
ing with the blizzard.
SENATOR CLARK WINS.
Los Angeles Case With Sensational
Features Heard on Demurrer.
LOS ANGELES, Dec. 1. An echo of a
big franchise deal in Los Angeles in
1U02 which failed, and has involved the
name of Senator W. A. Clark, of Mon
tana, and the sum of $17,700, was heard
in the Superior Court today when Judge
York sustained the demurrer of Senator
Clark to a suit brought against him for
JSSS5, or one-half of above amount. The
suit was brought by H. Lee Davis, as ad
ministrator of the estate of W. S. Hook,
late president of the Los Angeles Traction
Company.
It was alleged by the plaintiff that the
Montana Senator secured from Hook in
1902 an option of one-half of the shares
of the Los Angeles Traction Company
and that, acting under the terms of this
tentative proposition. Cook had asked and
secured from the City Council a blanket
freight-carrying franchise in the city,
which proposition, however, was vetoed
by Mayor Snyder.
Senator Clark then declined to exercise
his option for the purchase of the trac
tion stock. The administrator of the
Hook estate now avers that the sum of
$17,790 was spent by Hook in the effort
to secure the franchise and that Senator
Clark is obligated for half this sum.
Senator Clark's1 demurrer to the Bult was
sustained today on the ground that the
Hook estate must specify how this
amount of money was spent.
HAU ATTEMPTS SUICIDE
Accused Professor Watched to Pre
vent His Cheating Law.
LONDON, Dec. 12. Owing to the fact
that the evidence regarding the death
of Frau Molliter had not arrived here
from Germany, Professor Karl Hau, of
Washington, who was accused of mur
dering the woman, his mother-in-law,
was again remanded for a week today
at the Bow Street Police Court.
Hau is being closely watched, as the
police fear he may attempt to commit
suicide. His guards yesterday detected
him adjusting a necktie around his
&$iQ$fl&$&&$$$$$$&Q$'$'9K2M&i!r,&
9
Consumption is less deadly than it used to be.
Certain relief and usually complete recovery
will result from the following treatment :
Hope, rest, fresh air, and Scott's
E,Tnulsion.
ALL DRUGGISTS I BOo. AND SI.OO.
Ml
neck, and assert that he was about to
strangle himself. The prisoner, how
ever, assured his counsel that he had
no such intention.
The prisoner this morning made ap
plication to the magistrate for $350
with which to pay creditors at Wash
ington, who. he said, are pressing him.
The magistrate promised to consider
the application.
Canning Plant Burned.
GREENWOOD, N. C, Dec. 12. The
vegetable canning factory of J. P. Polk
& Co. burned today. The loss Is estimated
at $220,000.
Cai.MiRiui'i'':iiiim!);n'tC;ini,'rT!imKtrMirii:iiiif1
IE'
m
i
is
Open a Box for the
Children
Leave it where they can reach
it. Watch them gain in weight.
Watch their cheeks grow ruddy
with health and life.
Uneeda Biscuit
are the only Soda Crackers
the most nutritious food made
from wheat, therefore the most
wholesome food for children.
0 In a dust tight.
moisture proof package.
NATIONAL BISCUIT COMPANY
i