Morning Oregonian. (Portland, Or.) 1861-1937, June 25, 1907, Image 2

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Morning Oregonian., June 25, 1907, Page 2, Image 2

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Newspaper Page TextTHE MORXIXG OKEGOXIAN. TTJESDAT, JUNE 25, 1907. FINDS LIMITS TO FEDERAL POWER Knox Says Manufactures Can not Be Controlled as Commerce. MUCH GOOD ACCOMPLISHED Power of Government to Regulate Commerce Established by Suits and New Railroad Laws All Valid," Says Senator NEW HAVEN", Conn.. June 24. The orator of the day at the senior exercises In the law school of Yale University this afternoon was United States Senator Philander C Knox, of Pennsylvania, and his subject. was "The Development of the Federal Power to Regulate Commerce." There are no questions before the Ameri can people today of greater importance than those relating to the Federal control over commerce. Nothing la of more consequence in our governmental affairs than an accur ate understanding of the scope of the Na tional and State powers In respect to com merce and the activities related to com merce, for no effective regulation la pos sible In either sovereignty If the power of the one could be usurped or obstructed by the other. This will be understood and conceded, except by those who appear to think the Federal Government can consti tutionally accomplish everything that seems good for the people and are constantly raising expectations upon thi Una which cannot possibly be fulfilled. The fact that the state governments are supreme In state affairs, and the National Government supreme in National affairs does not result in the deduction that there are any affairs which may escape Govern ment control. "Where States Hare Failed. The necessity to exercise the National power over commerce arises largely out of the failure of the states to regulate wisely great corporations created by and under the dominion of the states and engaged In Interstate commerce. That failure has led to well-known abuses which affect Inter state commerce, and thereby created the necessity for the exercise of Federal regu lation to prevent the abuse. The necessity for the exercise of Federal regulation almost always springs from ca-uses the states could have prevented. Mr. Knox then referred to the evils of monopoly and railroad discrimina tion, which made Government regula tion necessary. What lias Been Accomplished. Mr. Knox then grave a brief statement of how this situation was dealt with by the National Government, saying: First, the scope of existing laws was tested through a series of suits. These suits had for their main purpose to determine the ef fecttvnes of existing statutes to reach new types of comblnatioa to restrain the free-play of the law of competition, and new and subtle discriminatory devices which had sprung from fertile and experienced minds instructed In the Interpretations the courts had put upon the existing laws. The purpose for which this litigation was undertaken were all accomplished. - The completeness of the Federal power over com merce was reaffirmed sad declared to extend among other things to the holding, company. Th m device, which had been successfully employed to establish under one control the leading productive Industries of the country was declared Illegal when utilised to absorb competing systems of interstate railroads, and thereby we escaped a danger to our com merce, our Oovernraent and our very liberties, the magnitude of which can scarcely be grasped. It was likewise Judicially determined that a combination between a railroad company and a shipper, to grant the latter an unlaw ful rebate which results In the establishing of a monopoly. Is a violation of the Sherman act, and that a court of equity might re strain the guilty parties at the suit of the Attorney-General of the United States, aa well under that act, aa under the general juris diction in equity. Of almost equal Impor tance was the decision tha the operations of a monopolistic combination wlthm a state msy be so connected with those between the states as & bring the whole under the regu lative power of Congress. v la us Remedy Defects. Mr. Knox then stated the principles of 1 iw established by the Elkins act, the rate law and the law to expedite defla tions lil railroad cases. He continued: Al! these laws have been declared consti tutional, except the railroad rate act. and as to that act, not yet passed upon by the courts, it Is believed by the great weight of lgal opinion to be constitutional In respect t the power to fix reasonable rates and prac tices. Xo Panacea for All Ills. The public satisfaction resulting from the enactment and the enforcement of there stat utes regulating commerce has induced some persons to contend that the Congressional power to regulate commerce is a panacea for many other public evils, and It la proposed to utilize that power to accomplish ends not wtthtn the National Jurisdiction, and having no relation to the subject of the power. "The power to regulate Is the power to pre scribe the rule by which commerce Is to be governed " These are the words of Chief Justice Marshall in Gibbons vs. Ogden. Over this subject of commerce among the states and with foreign nations and Its In strumentalities, the power of Congress is plenary. It may be exercised In the most general or minute way. For this purpose. CongTess possesses all powers which exiBted In the states before the adoption of the Na tional constitution, and its power when the subject Is National Is or may be made con clusive. The constitution, laws, corporations and citizens of the states are subject to this paramount authority. Congress can regulate anything, everything, any and every person, natural or artificial, in. the sense that It can prohibit or prevent any use or act that will interfere with Congressional control over In terstate commerce, or that will Injuriously af fect such commerce. Congress may likewise prevent the arteries of Interstate commerce from being employed, as conduits for articles hurtful to the public health, safety or morals, and may remove obstructions from the high ways of commerce, whether they be physical or economic, whether they may be sandbars, mob or monopolies. Restrictions on Commerce. The power of Congress may be exercised by prohibition and by prescription. The new proposition Is this: Congress has the power to regulate commerce. In cluding Its instrumentalities, and likewise power to regulate the persons by whom ar ticles of commerce are produced in re pert to matters disconnected with com merce. Thin addition to the rule finds expression In the .suggestion to prohibit the Inter state tran portation of innocuous articles law fully made or produced in a state for reasons not affectln interstate commerce. let us now coi slder whether the regula tion of the business of producing articles which may In whole or in part go Into In terstate commerce by denying to the owner the privilege of interstate commerce for reasons not affecting such commerce. Is a regulation of commerce. In other words. Is the mere production of goods commerce 7 If It ts not. then can Congress regulate such production within a state under the constitutional power to regulate Interstate commerce-? It would be difficult to overstate the Importance and seriousness of the ques tion thus presented, as upon Its ultimate authoritative determination depends, It may be. the autonomy of the states In substantially all matters of Internal po lice. It Is scarcely worth while to discuss the proposition that production Is not com merce. Mr. Knox then quoted a decision of Jus tice Lamar to the effect that manufacture comes within the Jurisdiction of th states and cannot be regulated as com merce by Congress. He continued: But it Is claimed that as the power to regulate commerce is absolute, complete and mainly exclusive In Congress, the right to forbid the shipment In interstate trade of any kind of goods, for any reason, comes within that power. That is to say, under the guise of a commercial regulation, not necessary for the promotion or protection of commerce, a producing regulation, which Congress could not have enacted, may be enforced; or. In other words. Congress can deny a person the right to engage In lntei state commerce for doing that which Congress cannot prohibit him from doing. But, as we have seen. Congress cannot regulate production, and Chief Justice Marshall said in McCulloch vs. Maryland: "Should Congress under the pretext of executing Its powers pass laws for the ac complishment of objects not entrusted to the Government, it would become the pain ful duty of this tribunal, should a case requiring such a decision come before it, to say that such an act was not the law of the Land." In my Judgment, the power to regulate commerce between the States does not carrry with It the power to prohibit commerce, unless the prohibition has for Its purpose the facili tation, safety or protection of commercial Inteicourse, or the accomplishment of some other National purpose. The power to regulate interstate commerce does not extend to the laying of an arbi trary embargo upon the lawfully produced, harmless products of a state, nor to the right to defeat the policy of. a state as to Its own Internal affairs. I concede that the National power to regu late Interstate commerce carries with it the right to prohibit commerce in order to secure equality of commercial right, or to prevent restraint of or interference with commerce, but not to prohibit the shipment of the in nocuous products of producers within a state who are pursuing a course sanctioned by the laws of the state and in no wise In Itself Interfering with interstate cdmmerce. If pro hibition of interstate trade is within the arbi trary power of Congress. It might be exer cised so as to exclude the products of par ticular states or sections of the country. Con gress then might prohibit the shipment of cotton or wheat to promote the Interests of wool or corn. There is no authorltr for any such propo sition. The power of prohibition has never been sustained except aa against articles nox ious or dangerous In themselves. It is not possible to find even a suggestion that in re spect to natural products which are prime necessities. Congress can prohibit commerce In them between the states In order to en force Its conception of what would be a wise police regulation of a state. Purpose Must Be Constitutional. The sum of the matter then Is this: For the purpose of protecting commerce. Con gress may close its channels to those who are Injuriously affecting It, but for the pur- re of enforcing a more enlightened policy respect to matters not within the Jurisdic tion of Congress. It has no such power. Congress may employ such means as It chooses to accomplish that which ts within its power. But the end to be accomplished must be within the scope of Its constitutional powers. The legislative discretion extends to the means and not to the ends to be accom plished by use of the means. The preservation of our constitution Is not committed to the Federsl Judiciary alone. It Is the oath-bound obligation of every legis lative. Judicial and executive officer of the States and Nation, and Is the highest duty of private citizenship. The constitution Is not to perish at the hands of the impassioned phraee-maker. and its defenders should not he deterred by mistaken or prejudiced clamor from performing their obligation to preserve and defend it. The power of the Federal Government can not be increased except by new grants of power through amendment of the constitution. The efficiency, however, of the Federal Gov ernment will progressively increase through the application of existing Federal power to the growing complexities of social and com mercial conditions. In the graduate class, of the three honors two are won by Filipinos. Jose Eacalar, of Pa manga, takes a magna cum laude honor and Mariano Honorade de Joy a, of Bolamsas, takes an honor cum laude. DEFENSE UNWRITTEN LAW Rapid Progress in Trial of Ex-Judge Loving in Virginia. HOUSTON, Va., June 24. The trial of ex-Judge W. G. Loving for the murder of young Theodore Estes, a sequel of a bugKy ride which tes took with Loving's daughter, moved rapidly today and, when court adjourned this after noon, the prosecution had rested and the defense had begun Its case. The pro gress In the trial was remarkable. Before adjournment of the morning session, a Jury had been secured, mostly middle aged men and all but three of them 'mar ried, 11 of them being farmers, the lone exception being a merchant. The taking of testimony began upon the re-convening of the court and late this afternoon the Commonwealth rested Its case and Judge Loving, whose defense Is the unwritten lato, had taken the witness stand in his own behalf. Backed by the millions of Thomas F. Ryan, of whose Virginia estate he has been overseer for a number of years, and with powerful political influence, every thing known to the legal fraternity will be taken advantage of In the efforts to acquit the Judge, The relatives of young Estes, whose family connections extend to the Gover nor of this state, will exert every effort to clear the memory of the dead man from the stain of wrongdoing. OVERRIDE SCHMITZ' VETO Supervisors Pass Budget and Two Desert Convicted Mayor. ' SAN FRANCISCO, June St. The Board of Supervisors this evening passed the city budget over the veto of Mayor Schmitz. The budget was returned to the Board by the Mayor with six vetoes, four affecting minor appropriations for the District Attorney's office. The others were those appropriating $720,000 for establishing an electric conduit railroad on Geary street and $720,000 for the re pairing of streets. A development of the session was the breaking away of Supervisors Tweitmoe and O'Neil from Schmitz by their action In voting for the budget. Both are union labor men and strongly supported Schmltx In the past. JAPS TO SUE SAN FRANCISCO Restaurant Owner Wants to Recover Damages Prom City. "WASHINGTON, June 24 According- to private advices received here today, the proprietor of the Horseshoe Restaurant, which was attacked during the recent anti-Japanese riots in San Francisco, will tomorrow enter suit in the sate courts of California a pa Inst the city of San Francisco to recover 'damages done the restaurant property. District Attorney Devlin, a telegram from San Francisco says, will represent the Japanese plaintiff in the action. It was stated at the Department of Justice today that some time ago Mr. Devlin waa instructed to offer his services In case suits were filed. ELEVEN KILLED BY HEAT Pittsburg lias Temperature of 8 2, Causing Many Prostrations. PITTSBURG. Pa., June 24. Eleven persons are dead and many prostrated as a direct result of the warm weather experienced in the Pittsburg district within .the past 24 hours. The maxi mum temperature today was 82. FRENCH YACHTSMEN WIN Challenger Ar Men Is First Again In Nasty Weather. KIEL. Germany, June 24. The French yachtesmen will carry the French cup home with them. The French challenger Ar Men won again today In nasty, squally weather. Tim of winner, 3 hours, 40 minutes, 15 seconds. Novelty Silks Some of, the newest and smart est designs, in taffeta and Lou isine; come in stripes, checks, invisible plaids, etc.; regularly $1.00 and $1.25 tha tZQn yard; special iDJC - WW FIFTH STREET WASHINGTON STREET SIXTH STREET LADIES' HOME JOURNAL PATTERNS WASHINGTON STREET . SHOWER-PROOF FOULARDS Fine Silks, Cheney Bros.' make, that sell regularly for $1.25 the yard, without an equal for wear and beauty; very special for Wednesday," the Qq $10'M B uys A Smart Tailored Suit Worth to $48M Each This is the last day of this Suit Sale, and those who fail to take advantage of it, the greatest bargain opportunity of the season will be missed. Stylish, serviceable, smart, snappy suits are selling for $10.98; garments that you would ordinarily have to pay up to $48.50 for. It's a bargain that was made possible by a. large purchase we made in New York. Good styles Eton, Prince Chap and Jacket models. They are handsomely trimmed and superfluously tailored. Suits that any maker in the world would be proud to turn out, and ready cash bought these for much less than ordinary figures. The sale ends today, and those who fail to come while the bargains last will pay from two to three times as much as regular figures. Come and look them over. You'll need one for vacation wear, anyway, and where else could you buy one for this small a price 1 We took an immense number of them. A large manufacturer had them on his hands and we got them at our own price. Made an offer for the entire lot, and when we told the maker that the offer was CASH, he let us make the price. That 's why we took so many at this time of the j'ear got them for so little that e knew we could sell all we could get. - Till tonight at 6, if the suits last that long at this remarkably low price, we'll sell these splendid suits for the lowest price such good suits have ever brought. All good styles ; Eton, Prince Chap and Jacket models. All new garments. "None on approval, none laid aside on part payment, and none sent out on phone orders. First comers have large assortment to choose from .98 BUY ORIENTAL RUGS Nothing you can put in your home will lend more to richness and re finement than a beautiful, soft-toned Oriental Rug. When you are buying, use care in selecting from a large stock. Choose the pattern that will please permanently, and. pay only a reasonable price, which you can do by buying right. Look over this assortment, and the problem is largely solved. The assortment we are telling about here was bought by our buyer, and is one of the most complete collections ever offered for sale on the Pacific Coast. We can't give you prices, as there are too many of them. Lovers of artistic, rugs will be well repaid for coming to view the beauties we are offering. The collection includes rich KIRMANSHAHS, TABRIZ, SAROUKS, FEHREHANS, KHIVAS, KAZAKS, GUANGHES, CABASTANS, DAG HESTANS, SHIRVANS, and all the better weaves of these famous RUGS. .We won't quote vou prices on account of the immensity of the assort ment we'll just tell you that we are making special prices on these late arrivals. Lovers of artistic rugs will do well to come and inspect this col ection, even if they have no thought of buying. 'Tis a rare treat to the connoisseur to find so rich a collection as this. " Sunbonnets Our entire stock of Misses and Ladies Sunbonnets, made of plain or fancy wash materials and made in very pretty styles, too. Splendid to shield you from the hot Summer sun and prevent freckles and sunburn. Choice at HOME PHONE IT Those of our customers who are fortunate enough to hare tha Secret Service phone installed can now reach us by this service on five different phones. One in the credit department, one in the shoe de partment, one in the glove department, one at the accommodation desk and one in the advertising and mail order department. Look in your Home phone book and find their numbers. Get the quickest sales possible at the best store in Portland. Men's and Women's $2.50 Shoes Sell for $1.98 In the Greatest Shoe Sale In the History of the Store This $1.98 Shoe bargain includes a grand collection of Women's High or Low Shoes, and Men's Shoes in light or medium-weight; the choice of any $2.50 shoe inthe store. In the women's shoes there are values as high as $3 and $3.50. They come in canvas or leather, brown, tan, reseda, green and gray; also plain white. There are the new style four-button or the shoes with the large eyelets for ribbon ties; patent and dull leathers; as pretty a shoe as there is in the market for $2.50 and $3.00 a pair now selling for $1.98. It is a shoe offer that won't be duplicated for many months to come. Come early and get the shoe bargain of the season at : Then, in addition to this phenomenal special, we offer the following specials while this tremendous shoe sale is one. Today and tomorrow p$p& pi fHt Sato MEN'S SHOES From well-known makers, lines that we are discontinuing and close out for much less than the regular value. Represented, are styles from Slater & Morrill, McDonald & Kiley, J. E. Tibbetts and Florsheim & Co. Shoes in many " styles, oxfords and high shoes; come in patent leather or dull finish, and worth to $6.00 the pair; special MEN'S, MAILMEN'S AND POLICEMEN'S SHOES Seven styles, shoes worth $5.00 at reg ular times. Special for this sale ." MEN'S SHOES In this lot we put all of our regular $3.50 and $4.00 shoes. Select any shoe or oxford in our men's stock that sells regularly for $3.50 or $4.00, and 'twill cost you but This includes tan, patent leather and black leath ers, and all sizes and lasts. $3.89 $3.89 $3.19 $2.69 MEN'S SHOES Take in all styles of high or low cut shoesj patent or dull finish leathers; values that bring $3 to $3.50 regularly; very special for three days WOMEN'S SHOES Women's - popular-price ox fords, in all leathers and styles, regular $3.50 and $4.00 grades. Patent leathers, gunmetal calf, demi-patent and kid leathers. Come in button and lace styles; with light or heavy-weight soles. Garden ties and pumps are also to be found in this lot.. There. are some pretty colored leather shoes here, too brown, tan, pink, blue, green and red. There are also canvas shoes of A O 1 Q sea island cotton; values to $5 pair.V" WOMEN'S SHOES Gives you choice of any tan or brown high shoe in the store for $3.19. Fine assortment; button or lace; come in brown, tan, champagne, etc.; light or heavy soles; regularly worth $3.50 to $5.00; special Q JQ sale pO.AS7 only; come early. WOMEN'S SHOE SPECIAL One thousand pairs of white canvas oxfords, in two different styles; one is in a plain toe, with medium heel and light soles; the other is a Blucher cut, with tip. Any and all sizes, and very popular shoes, j OQ worth $1.75 pair, for '. p 1 . J k WOMEN'S SHOES Divided into two parts one part the patent leathers, an'd the other the dull leathers and suede-finish shoes. The patent leath ers we sell are making a reputation for us sel dom has a pair come back or a complaint. The. dull leathers include gunmetal calf, royal kid, vici kid and demi-patents. WOMEN'S SHOES Women's regular $3.00 Shoes, with several lines of regular $3.50 shoes added. Wide choice as to styles and leathers; light or heavy soles; patent or black leather; also tan' leather or white canvas. Oxfords C0 f!Q that sell from $3 to $3.50; special. . .P" & WOMEN'S SHOES White Canvas Oxfords a lot that runs in value to $3.50. Come with light or heavy soles, high or medium heels, and in Gibson, Grecian or blucher cut. T ROBBER AGAIX AT VORK ON YOSEMITE ROAD. Two Stages Stopped and Passengers Compelled to Yield Their Posses sions to Lone Highwayman. FRESNO. CaL, Juno 24. A dispatch was received at Madera late this after noon stating that two Yosemlte stages were held up this afternoon between Crooms and Grub Gulch, 35 miles from Madera. The holdup is said to have been committed by the same man who held up the stage a few days ago. and who held up stages the two preceding seasons. No particulars were received. A dispatch received from Berenda tonight stated that the lone highway man who held up two of the Tosemlte stages obtained $150 from tha passen gers. The two stages were trailing each other, and were both bound for the valley. The robber wore a white mask and had' a new rifle. He ap peared nervous, and it is not believed that he Is the same man who held up the stages near Ahwanee a few days ago. Voters Recount Measure. NEW YORK. June 24. Acting Mayor Patrick F. McGowan vetoed the supple mentary recount bill late today. The bill now goes back to the Legislature, which will be asked to pass it over the veto. THE DAY'S DEATH RECORD Julius Jacobs, Assistant United States Treasurer. SAX FRANCISCO, June 24. Julius Jacobs, Subtreasurer of the United States at San Francisco, died suddenly this morning at his home. He had been in office 12 years. WASHINGTON, June 24. The Treas ury Department today received a tele gram announcing the death of Assist ant United States Treasurer Jacobs at Ban Francisco. Treasurer Treat took direction of the office by wire and, pending his arrival in San Francisco, has designated Cashier Burnes to act aa Assistant Treasurer. TENEMENT FALLS DOWN Sew York Building Collapses and Many Persons Killed. NEW YORK, June 25. A four-story building at the corner of La Fayette and Walker streets collapsed early this morn ing. The police announced that 18 people, members of Italian families, were In the building. Seven are known to have es caped, two have been rescued and nine are supposed to be still beneath the ruins. Tachlno, 19 years old, and his slater. Mamie, were taken from the ruins' alive, but badly injured. The police fear that most of the nine persons still beneath the ruins are dead. it will be several hours before the work of rescue is completed. Four persons are positively known to be dead. They are two Infants whose bodies can be seen, and a ntan whose body Is known to be in the debris. An other infant, still alive, has been located by Its moans. Four members of the Ta chlno family, father and three- young children, are thought to be dead In the Keep your ears open! You may hear something to your advantage! If you hear a good old fashioned, homey expression- it may be just the business phrase for which we are offering $100! ruins. Only one dead body, that of a man, has been recovered. CAPTURE 35 MOONSHINERS Revenue Officers Destroy Illicit Stills In North Carolina. - ASHEVILLH, N. C, June 24. The party of revenue officers who had a fight with moonshiners In Stokes County on Friday last, returned here today, having captured 35 moonshiners and destroyed 13 Illicit stills. Pulajanlsm Ended in Island. MANILA, June 24. Governor-General Smith has returned from a month's tour of Inspection of the northern provinces. He declares that Pulajanism is ended on the islands of Samar and Leyte. He gives the entire credit for the solution of the difficult situation to Governor Curry, of Samar, and Governor reveyra, of Leyte. Jewelry, Diamonds, Cut Glass, Novelties, Optical Goods And hundreds of other useful and beautiful articles In com plete lines from the hands of the leading designers and manu facturers. Our stock is so varied and selected with such care that it contains everything worth while shown by the largest Eastern establishments. This is one of the many advantages found in trading where the stock is complete to the slightest detail. Jewelers. Optldaaa and Diamond Importers. Corner of Third and Washington Sts. Portland, Or.