THE MOBXIXG OREGONIAN, SATURDAY, JULY 20, 1907. 3 MELON TO BE CUT " BY HILL SYSTEM New Deal to Give Great North ern All Stock in the . Burlington. SURPLUS TO BE DIVIDED Northern Pacifio Stockholders to Have S20 a Share Dividend From Stock Distributed Among the Great Northern Holders. NEW YORK, July 19. (Special.)-The proposal for a readjustment of the re lations existing among the three Hill lines the Northern Pacific, the Great Northern and the Burlington has reached such a stage that it was said on excellent authority , today that in all probability steps In this direction will be taken before the end of this year. What is proposed, according to well- informed predictions. Is the purchase by the Great Northern of the Northern Pa cific equity In the Burlington, the dis tribution of a J20 cash dividend to the Northern Pacific stockholders and such an arrangement with the holders of the Great Northern, Northern Pacific and Burlington collateral trust bonds as will permit the distribution of the Burling ton stock to the Great Northern stock holders, with provision for the guaran teeing by the Great Northern of divi dends on the Burlington road. The details of the plan were not very clearly denned in today's reports, and It is recognized that many legal and other difficulties will have to be over come to carry such plan into effect. The purchase of the Northern Pacific equity in the Burlington has been discussed on several occasions over a period of two years or more, and at one time the Hill Interests were understood to be practi cally prepared to announce the plan. The matter went over, however, and It is only recently. It is said, that it has been again taken up for serious consideration, the plan being now amplified to Include the eventual distribution of Burlington stock. Since the Burlington was acquired by the Great Northern and the Northern Pacific in 1901, the road's earnings have Increased at a rapid rate and each year a large surplus over dividends has been earned and expended In the Improvement of the property. FINED FOR VIOIiATIXG LAW North Carolina Court Is Severe on Southern Railroad. RALEIGH. N. C. July 19. The South ern Railway Company was today fined $30,000. and Thomas Green, agent for the company, tinefi to, in the state court here for celling railroad tickets at a rate in excess of that provided by the recent state law for a uniform rate of 2i cents a mile in North Carolina. The court required Green to promise not to sell tickets at the Illegal rate. Green made the promise and paid the fine. STEVEXS IS M ELLEN'S HELPER Former Canal-Digger Vice-President of New Haven Road. NEW HAVEN, Conn., July 19. It was announced today by President Mellen, of the New York, New Haven & Hartford Railroad Company, that John F. Stevens, ex-chief engineer of the Panama Canal, had been appointed a vice-president of the road. Mr. Stevens will have charge of all matters pertaining to operation. Reduced Passenger Rates Made. CHICAGO. July 19. New interstate pas senger rates between all points in Illi nois. Iowa, Missouri, Minnesota, Wiscon sin and North and South Dakota .were made effective at midnight last night. This reduoes all interstate passenger rates to the basis of 2 cents a mile, ex cept Wisconsin and the Dakotas, where the rates are based on 2H cents a mile. The law recently passed in Wisconsin, making -the rate 3 cents a mile, will be come effective August 15, and rates to points In that state then will be further reduced. fense, if any evidence could be se cured tending to establish such de fense. "In the opinion of the court, no evi dence was introduced by the defense even pointing to" or indicating that the acts of violence testified to by Orchard. If actually committed by any one. were committed by any other person or per sons than as testified to by the last named witness. Must Show Facts, Not Motives. "Neither Is there any evidence tending to point to or from which It might be Inferred that any Individual or any com bination of persons procured any other person to commit said acts of violence, If they were committed, than as testified to by said witness. At the farthest, the testimony introduced would only furnish a motive perhaps for some one else to commit or procure the .commission of the various acts of violence Involved which I were testified- to in behalf of the state. nut it clear mai me motive alone In a third person to commit an offense for which a party is being tried Is not admissible in the absence of other testi mony in some way connecting or point ing to such third person as the guilty party. The witness Orchard has testified minutely and In detail to the circum stances involving the Vindicator explo sion, the explosion at the Independence depot and other acts, and attempted acts of violence In the city of Denver. Orchard's Story Not Disproved. "The testimony Introduced by. the defense in relation to deportations, 'the destroying of property belonging to the local unions of the Western Federation of Miners and the various conflicts between the union miners and their sympathizers and the Mineowners' As sociation and the militia and the vari ous Citizens' Alliances does not point to any one or even indicate that any particular person either committed the acts of violence complained of or pro cured Orchard to commit such acts of violence. And in the absence of such connecting evidence the court feels compelled to take this evidence from the Jury and instruct them totally to disregard it in arriving at their ver dict. The action of the court in this matter is perhaps an unpleasant duty, but it is a responsibility that the court has no right to shift from itself to the jury when called upon for a final consideration of this case. Orchard Was Corroborated. "Counsel for the defense urges that, if this testimony Is withdrawn from the Jury all evidence Involving the Vindi cator explosion, the Independence depot explosion and other acts of violence and attempted acts of violence in the State of Colorado testified to by the witness Orchard should be withdrawn from the Jury. This evidence the court has no power to withdraw from the Jury unless upon the theory that the testimony of the witness Orchard, being an accomplice and a co-conspirator, might be found to be entirely without corroboration. "He has testified, although an accom plice and a co-conspirator, to all of these acts of violence and has either before or after connected this defendant therewith. The court Is clearly of the opinion that there is sufficient corroboration to neces sitate the submission of this evidence to the Jury and that the same reasons for withdrawing this evidence do not exist as to the evidence of deportations and other acts of violence in the Cripple Creek and Telluride country. "The testimony of the state, for what ever it may be worth, with the Jury, con nects the defendant on trial directly with the various acts of violence involved in the evidence of the state, so far as they apply to the State of Colorado, while the testimony of the defense, which will be withdrawn from the jury, does not point to or indicate that any other person or persons either committed such acts of violence or procured the commission thereof. " Instructions to Jury. "For these reasons the court will In struct the Jury, when arriving at its ver dict, to disregard all evidence introduced by the defense and upon rebuttal relating to deportations of miners and other per sons from Cripple Creek and the vicinity of Telluride and all evidence in relation to' all the conflicts in the same locality between the Western Federation of Miners and their sympathizers on the one stde and the military organizations, de tectives and Mineowners' Association and Individuals In the same localities on the other." . Counsel for the defense have renewed their motion, as made at the conclusion of the case first made by the state, that the court advise the jury to return a ver dic in favor of the defendant for rea sons given In said motion, and this mo tion will be denied." The defense noted an exception to the whole of the decision. SCORES WlTHH0T WORDS (Continued from Firat Page.) ated by a desire to serve his country and state as an honest citizen." Mr. Hawley suspended here and will re sume when court convenes at 9:30 A. M. tomorrow. COUNTER-CHARGE THROWN OtTT Court Strikes Out All Evidence or Mineowners Conspiracy. BOISE. Idaho, July 19. Judge Wood, as oon as he had taken his place on the bench, began to read his decision as to the exclusion of certain evidence in the Haywood trial. He announced that his de cision was but a preliminary to the In structions he will give the Jury at the conclusion of the arguments. The most Important phase of the decision was that striking out of the case all relation to the leportation of the miners from the Cripple Creek and Telluride districts of Colorado. In the first Instance, Judge Wood struck out of the record that portion of Orchard's testimony relating to what Pettibone told him of a trip on which he had sent Steve Adams to get rid of Claim jumpers In Northern Idaho This matter, he said, had not been connected up in any way with the defendant, Haywood. "The next question suggested by the court and argued by counsel," said Judge Wood, "involves the materiality of evidence Introduced by the defense, showing a long series of deportations of miners and other persons and other acts of violence, involving the destruc tion of property belonging to the West ern Federation of Miners or certain local unions thereof; also as to the ma teriality of other evidence introduced by the defense showing that the Pink erton detective agency hau placed its detectives in various local unions of aid Federation of Miners. Counter-Conspiracy Not Proved. "The court suggested the Immateri ality of this evidence before the con clusion of the state's rebuttal, and ad vised counsel that argument would be invited thereon before the instructions of the court were settled. This testi mony was all admitted upon the prom ise and assurance of counsel that the proper connection would be made showing that some at least of the vari ous acts of violence testified to by the witness Orchard were either not com mitted by the witness Orchard, or if committed by htm, some other persons or persons procured him to commit such acts of violence, either of which .d.ef.enae vnvEiaBer baa loxiUmta dliJLW,.. dmsu ELK TEETH DISAPPROVED B. P. O. E. Considers Resolution Abolishing Emblem. PHILADELPHIA. July 19. The Grand Lodge of the Benevolent and Protective Order, of Elks closed its session today. A feature, of the proceedings of the Grand Lodge session was the discussion of the movement to prevent the slaughter of Elks, that their teeth might be secured for emblems. A committee was appointed to investi gate the matter, and a resolution calling upon members of the order to cease wear ing elks' teeth as emblems until the com mittee returns its' report, was passed after a warm debate. Past Exalted Grand Exalted Ruler Melvin, of California, 8n a spirited speech, favored the formation of a com mittee to that end. Members from Wyoming, Oregon and other Western states, opposed the measure, contending that the pulling of elk teeth caused np pain, and that the animal was not killed in large numbers, as only tourists and amateur hunters hunted the animal. The resolution wiH probably be adopted. Daniel J. Shern, past exalted ruler of the Philadelphia lodge, on behalf of the members, presented Henry A. Melvin with a magnificent painting of himself. Installation of officers followed. Before adjourning the lodge elected Colonel Albert J. Holley, of Hackensack, N. J., grand trustee, to fill the vacancy caused by the death of John D. O'Shea, who died yesterday. Announcement of the prize winners In the drill contests and parade, and for decorations, will not be made until tomor row morning. The big feature of Elks' week being over, thousands departed today. A large delegation devoted the day to a pilgrimage to Valley Forge, where United States Senator Knox delivered a patriotic address. The committee on contests and awards late tonight announced prize awards, among them being the following who won prizes: Lodges making best appearance in line. third prize. $100. El Paso. Lodges appearing in unique uniforms. first prize. $100. El Paso. Leanest Elk, 25, J. E. Neis, Pasadena, Cal. Tallest TAk, J25, Carl M. Koening, Sac ramento, Cal. Smallest Elk. $25, Jerry D. Sullivan, Roseburg, Or. Special prize of $500 for the largest band In line. Guadalajara Band, of Mexico, which accompanied El Paso Lodge. Hawaiian Chinese Gets $19,000. HONOLULU, July 19. Joseph Gooklm. a Hawaiian Chinese, has been awarded $19,000 (Mexican) for Injuries sustained during the pillaging of the missions at Only "Owl" Cut Rate Drug Store. In Oregon. All standard reme dies, toilet articles, drugs, soaps, etc., at cut prices. Everything reduced; not merely a few specials. Established 1850-FIFTY.SEVEN YEARS IN BUSINESS-Established 1850 Good Merchandise Only Quality Considered Our Prices Are Always the Lowest $lDown,$l a Week Pays for complete outfit of a Victor Talking Machine And necessary records. Exhibi tions daily in our Victor Hall. Catalogues and price lists free. New records monthly. Jaunty Straw Sailors $2.00 Values 98c The Summer Girl's costume is not complete this year without a smart, banded sailor. In its simple elegance there is an attractive ness that nothing else can match. Special for today we offer fine quality Milan, Straw Sailors, well made, in the most correct shapes, with all-silk ribbon bands, . n $2 values, for only OC Water Doesn't Turn "WEARWELL" Hosiery Green Wearwell Hosiery Stays Black FASTEBLAck Sea water and all other kinds of water meet their match in "Wearwell" hosiery. It is black, and it doesn't turn brown or green or yellow or any Other nondescript color. Many Portland women have tried them, generally because of some one's personal recommenda tion. Hardly any one will wear anything else, once they are known. Every pair bears the "Wearwell" trademark. Look for It, Don't be deceived or Imposed upon by dealers who will be only too glad to do it. Only at Llpman-Wolf e's in sizes for women and children, 25c a pair. Sale Women's Black Hosiery 50c, 7 5c, 85c Vals. 29c WW-, -1 -5000 of Women's Black Stockings of every style and high-class, imported grades Fine black lisle lace boots, allover laces, gauze lisle, gauze cotton, garter tops, crowfoot; in fact, black Hosiery of all descriptions, all finest imported qualities, real Hermsdorf dye. The qualities are equal to those given in our famous 29c sales, and the fine weaves and desirable colors make these the greatest bargains of the season. Every woman who wants to be sure of getting her share ought to be here early in the morning. Regular 50c, '75c, 85c values. A bargain that will bring an enthusiastic crowd of shoppers, at only 29c On Sale at Bargain Table, Third St Entrance, None C. O. D. No Phone Orders. All Children's Wash Dresses Values to $3.75 for $145 Values to $6.50 for $2.55 This big clearance sale of all our Children's Wash Dresses and Suits in white and all colors, ages 6 to 16, of gingham, madras, Swiss, linon and other materials, offers two great specials All Values to ?3.75, Special ffl.45 All Values to $6.50, Special $2.55 5000 Stocks, Turnovers And Embroidered Collars 7cEa. vSaef 4 f or 25c 5000 Women's Stock Collars, Turnovers, Embroidered Collars, etc., in embroidered and Japanese hand-drawn work, etc., 25c and 35c values at 4 for 25c, each Feather Dusters 25c soft Down Dusters for fine bric-a-brac, pianos and pictures; sale price 12 45c Turkey Dusters, for the walls and furniture; sale price 23 Selected Ostrich Dusters, small size; sale price 20 Selected Ostrich Dusters, jnedium size; sale price 2oC Selected Ostrich Dusters, large size; sale price 3o Selected Ostrich Dusters, extra large; sale price, 50c and 7o Soft Turkey Dusters, medium size; sale price 35 Soft Turkey Dusters, extra medium size; sale price 45J All Straw Hats $1.50 Your choice from our entire magnificent stock of Young's Famous Straw Hats the pride of New York at 50 Annual Summer Clearance of White Linen Parasols $3.50-$5 VaL $1.95 This is the great Parasol opportunity of the entire year a sale of highest grade, pure white Linen Parasols, selling regularly from $3.50 to $5.00. And the warmest July and August lin- of us. Less than gerie days are still ahead wholesale cost. Get an early choice $1.95 25c Cotton Vests, 19c 40c Rib Lisle Vests, 29c 63c Lisle Vests for 39c 5000 women's Ribbed Cotton Vests, low 1Qr neck, sleeveless; special today ACT I 500 women's fine quality Swiss Ribbed Lisle "Vests, lace-trimmed yoke; regular 40c OQc' quality; special '.. Women 's fine grade Swiss Ribbed Lisle "Vests, lace or crochet-trimmed yoke; 63c OQi . quality; Saturday ., Sale of Office Supplies Ledgers, Journals, Day Books, Memorandum Books, Pencils, Inks, Etc. Great special purchase at half price of Ledg ers, Journals, Records and Day Books, canvas covered, with leather corners. Priced as follows : 150-page Books, 50c value. .'. ... .23 200-page Books, 65c value 38 300-page Books, 75c value 48 400-page Books, 85c value 58 500-page Books, $1.25 value 68 600-page Books, $2.50 value 98 Also Journals, Ledgers, Records and Day Books extra fine black clothbound, with leather cor ners; a splendid, serviceable book, at a price that is a great reduction from exclusive stationery stores : 150-page Books, reg. $1.25 value.78 200-page Books, reg. $1.75 value.88 300-page Books, reg. $1.75 value.98 Board-cover Books for grocers and butchers; 10c size 7J Big assortment of novel Vest Pocket Memo. Books regular 10c value 4 Vest Pocket Memo. Books, in red and black cov ers, assorted rulings; 15c value 8J Canvas-covered Memo. Books, open on end or side; sale price 4i Fine bound Memo. Books; all kinds of covers; 15e and 20c values 8J CITY HAS A REM ENTIRE CHANGE OF GOVERN MENT AT IiOTTISVLLLiE. ' Old Gang Ousted for Election Frauds New Mayor Makes Clean Sweep and Screws Down Lid. LOUISVILLE, July 19. With the ap pointment by Governor Beckham of a complete new hoard of Counctlmen and Aldermen; th a day or two Louisville will have reached the culmination of a polit ical revolution, which' in extent and ef fect has only been paralleled by one or two other cities of the first class In the history of the United States. The upheaval Is the result of the recent discussion of the Kentucky Court of Ap peals overturning the municipal election of 1905. On the face of the returns, as counted on election day, the Democratic ticket for city and county officers (Jef ferson County) was declared elected, but a contest In the courts was instituted by representatives of the fusion" ticket, the only one in the field against the Demo crats. The Court of Appeals decided that "gross frauds." in the matter of re peating illegal voting. Intimidation of voters and falsification of the count, had prevailed to such an extent as to render the election invalid. Under the terms of the court's mandate it became Incumbent on Governor Beck ham to appoint boards of Council and Alderman and a Mayor for the City of Louisville and a County Judge for Jeffer son County. The Mayor and County Judge were, under the law, empowered to fill all the remaining county and city offices made vacant by the decision. All the ap pointees under the decision hold office until a special election Is held in Novem ber of this year to fill the offices until April 1. 1909. Governor Beckham appointed Robert W. Bingham, Mayor; Walter P. Lincoln was appointed County Judge. The new Mayor and County Judge pro- clean sweep of all the minor officers, such as City Treasurer, Sheriff, etc. The May or also appointed new Boards of Safety and Public Works. The Board of Safety has requested the resignation of Chief of Police Gunther, and the reduction of the Assistant Chief and six captain to the rank of patrolmen. Similar sweeping changes are - expected to be made in the personnel of the Fire Department, although Mayor Bingham an nounced last night that he would retain the Chief. Fillmore Tyson. " One of the results so far of the changes has been the putting of the "lid" down tight on saloons and gambling and the general exodus of small gamblers and tenderloin habitues and "suspects" of all kinds. Last Sunday Louisville was abso lutely dry from midnight Saturday until E o'clock A. M., Monday. FUGITIVE CAUGHT AT LAST Oakland Postal Clerk Accused of Stealing Is in Nantucket. BOSTOJft July 19. Paul B. Turner, formerly a clerk in the postoffice at Oakland, Cal., 'after many months of wandering was arrested today- as a fu gitive from Justice at Nantucket. He is alleged to have robbed the Oakland post office of a package containing money order funds amounting to $868 last De cember. He was taken before United States Commissioner Goodspeed In New Bedford upon the charge of larceny of Government funds, pleaded not guilty and held in J200O ball. He will be brought to this city and ul timately will be transferred to Califor nia. , - Want to Sell Centralia Gas. -JLfiejied lor th with to njajt practicaljy a CENTRALIA, Wash., ' July 19. (Special.) B. H. Potely, representing Seattle parties, appeared before the Council Tuesday and asked for a fran chise to furnish gas to the city for il luminating and fuel purposes. This makes two gas franchises before the Council at the present time. As the city owns the electric light plant here, It is doubtful whether either of the franchises will be granted unless one or both of the companies agree to only furnish the gas kjfor fuel purpose. COAST ASSOCIATION IS MEETING IN SACRAMENTO. President Hall, of Portland, Pre sides and Responds to Mayor's Welcoming Address. SACRAMENTO, Cal., July 19. (Special.) The Pacific Coast Advertising Mens' As sociation was called to order this after noon by President R. M. Hall, of Port land. Mayor Beard, of Sacramento, de livered an address of welcome, which was responded to by the president of the as sociation. The business session occupied the afternoon'. The reports, made by the officers show the association is in a splen did condition. During the afternoon meet ing 37 new members were elected to mem bership, the largest number ever taken In at one meeting. The evening session was held In the magnificent new hall of the Elks, and 2000 were present to hear the programme which was an unusually Btrong one. B. I. Dasent, advertisement manager of the Portland Railway, Light & Power Company, read a per upon electricity as a factor In advertising. Seven other papers were read by publicity men from all over the Coast. Saturday will be given over to pleasure, followed by an elegant banquet in the evening, at which time a splendid programme will be carried out, Portland being represented on the programme by R. M. Hall, P. W. Custer and B. I. Dasent. DEAD OF THE NORTHWEST Glen Peterson, Once Wealthy, Dies in Poverty at Hoquiam. ABERDEEN, Wash., July 19. (Special.) Glen Peterson, aged 80. for merly owner of what is known as Peter son's Point at the mouth of the harbor, died today at St. Joseph's Hospital, whereTie had been a patient some years. Mr. Peterson at one time owned-9000 acres of land at Westport and was a wealthy man. Through mismanagement and other reasons he lost his lands and fortune and died in comparative pov erty. Mr. Peterson was a native of In diana and came to Washington In the early 50s. He leaves a son. His remains, according to his wish, will be burled In the cemetery at Montesano. Fairbanks Greets the Ranchers. HEPPNER JUNCTION, Or.. July 19. Traveling unostentatiously in an ordi nary sleeper and accompanied only by his private secretary, Vice-President Charles Warren Fairbanks passed through here Wednesday afternoon, and while the O. R. & N. train stood here for 10 minutes stepped out on the plat form, where ho was unexpectedly in troduced to the crowd of traveling men, farmers, ranchers and railroad men by his secretary with the words: "Gentlemen, the Vice-President of the United States." In an instant every hat was off, with the crowd gathered around the tall fig ure of the Vice-President, and an in formal reception was quickly in progress. Cheney Admitted to Practice. OREGON1AN NEWS BUREAU, Wash ington, July 19. O. A. Cheney, of Ore gon City, Or., has been admitted to practice before the Treasury Department. Feed Your Nerves Upon rich, pure, nourishing blood by taking Hood's Sarsaparilla, and you will be free from those spells of de spair, those sleepless nights and anxious days, those gloomy, deathlike feelings, those sudden starts at mere nothings, those dyspeptic symptoms and blinding headaches. Hood's Sarsaparilla has done this for many others It will cure you. Hood's Sarsaparilla In usual liquid form or In chocolated tablets known as Sarsatabs. 100 doses $1. COFFEE Buy it as you buy but ter; tea is as good or as bad as butter; so's coffee." Yonr grocer returns your money if ya don't Bite Schilling's Best: ws pay him. WEDDING AND VISITING CARDS W.G.SMITH 6 CO. WASHINGTON BUILDING Fourth and Washington Streati 1K 1 ALASKA AND BACK Jr 249 Washington St. Bjrr- U A V "Arrow CLU.tCO IHRUNK Collar. Quarter Size. 15c each, 2 for 73c CLUCTT, KAIOOT CO., Hakor of Clqett nd Mwtaroh fibtrta. J-