VOL. XL VI. NO. 14,558. PORTLAND, OREGON, TUESDAY, AUGUST 6, 1907. PRICE FIVE CENTS. E CANNOT ESCAPE Only Two Grounds for Reducing Fine. GOVERNMENT CAN MEET BOTH Constitutional Question for Supreme Court. ERRORS FOR APPEAL COURT Plea That Fine Is Excessive Will Be Answered by Charge .That In diana Corporation Is a Mere Dummy. WASHINGTON, Aug. 6. (Special.) Two avenues of possible escape are open to the Standard Oil Company, but whether one or both are taken the Government will be found strongly Intrenched, confident of repeating' the victory It scored in Judge Landis' court. The trust may appeal to the. Circuit Court of Appeals on a writ of error, or to the Supreme Court of the United States on constitutional grounds. One appeal will not conflict with the other, and no further appeal lies In either case. The Circuit Court of Appeals has final Jurisdiction In questions of error affecting the law in the case, and so far as Judge L&ndls' official acts in the construction of the law are concerned, the Supreme Court of the United States can only consider one Question. Under article 8 of the Constitution, "ex cessive bail shall not be required, nor ex , cesslve fines ImpoEed, nor cruel and un usual punishments inflicted." In the opinion of officials of the Department of Justice, the case can reach the Supreme Court on the ground that the $29,240,000 fine is excessive, because the Standard Oil Company of Indiana, the defendant, has capital stock of only $1,000,000 and assets of only $10,009,000. The astute lawyers employed by the trust may find other con stitutional questions to' raise in the Su preme Court, but so far as the claim of confiscation is concerned, It must be based on the excessiveness of the fine. The Government is ready to meet such an Issue and is confident of victory. It will reply that the Standard OH Company of Indiana Is, as Judge Landis has con strued, the -Standard OH Company of New Jersey, the great Standard trust, in fact, and that the fine Imposed upon the trust must be measured by the resources of the trust, and not. one . of the subsidiary, dummy branches. By the Department of Justice attention Is called to the common practice in crim inal courts of imposing fines upon va grants, when the inability of the culprit to pay. the fine is known to the court. But such sentences have never been con strued as excessive fines. HID XOT COXSULT STANDARD Archbold Protests Against Publica tion of Smith's Report. NEW YORK, Aug. 6. John D. Arch bold, vice-president of the Standard OH Company, made a statement today in which he declared that the company was r.ot given an opportunity to be heard or to submit data In the preparation of the report prepared by Commissioner of Cor porations Herbert Knox Smith and made public. Mr. Archbold's statement follows: "On Saturday, August 3, Judge Landis announced his decision. "On Monday. August 5, Commissioner Smith's report is given to the public. "This remarkable report of Mr. Smith marks another coincidence In the ut terances of the different departments of the Government in their attacks on Ms that have occurred so frequently as to rob them of even the appearance of being: accidental. In connection with its publication, it may not be amiss to remind the public that the act creating the Bureau of Corporations provides that such reports shall be made to the Pres ident for the purpose of guiding him in forming suggestions as to legislation, and that they may be made public in whole or In part only upon the discre tion, of the President. It is sufficient now for us to say that In the prep aration of his report Mr.' Smith did not see fit to even confer with us.: We think the public will agree that we are at least entitled to be heard In such a matter. If Mr. Smith had seen fit to confer with us, wo would have readily furnished him the data for a truthful statement of the facts on this ques tion." WILL XOT RAISE PRICE OP Oil. Pratt Declares Statement of Cham berlain Unfounded. - NEW YORK. Aug. 5. Charles M. Pratt, secretary of the Standard Oil Company, said today that the company has no intention of advancing the price of oil. Mr. Pratt said: "The statement attributed to Mr. Chamberlain, of the National Petroleum Association, of Cleveland, that such an advance is to be made is entirely un warranted and absolutely unfounded. Mr. Chamberlain, who represents a competitor of this company, is chal lenged to reveal the source of his in formation." Rogers TrusLs Fairmlnded Men. NEW YORK, Aug. 6. A telegram from H. H. Rogers, active head of the STANDARD Standard Oil Company, dated at his Summer home at Fairhaven, Maes., is published here, in which Mr. Rogers says of the Chicago decision: "I have only an Incomplete report of the Chicago decision, but Mr. MoffafS statement is in full and absolutely cor rect as to facts. Fair-minded and hon orable men will decide as to the logic and the law as the case progresses." . - Begin Work Against Alton. CHICAGO, Aug. 5. Preparations for the Investigation by the Federal Government of the charges against the Chicago & Alton In connection with the granting of rebates to the Standard Oil Company, of Indiana, were commenced today. Sub penas will be Issued tomorrow for the witnesses, the first of whom will testify on August 14. Albany Records Earthquake. , ALBANY, N. Y.. Aug. 6. The seis mograph at the State Museum registered earthquake shocks at 1 o'clock this morning, lasting ten minutes. The re cord was not weU enough marked to admit of any determination as to the lo cation of the center of disturbance. The Duchess of Marlborough. Who Gives lp Vacation to Care for Charities for Convicts' Families. tnough the vibrations were east and west. LAST ROAD SURRENDERS L. & X. Agrees to Adopt 2 1-4-Cent Rate in North Carolina. RALEIGH, N. C, August 6. Governor Glenn late today received a telegram from the authorities of the Louisville & Nashville Railroad, saying that they will put the 214-cent state . rate in effect on August 8. v This is the last road to surrender to the state laws, and on August S all the roads In North Carolina more than CO miles long will be using the state rate. CONTENTS TODAY'S PAPER Tti Weather.' TESTETR DAY'S Maximum temperature, 75 degrees; minimum, 63. TODAY'S Fair; northwesterly winds. Foreign. Kaiser and Czar confer all day and strength en bonds of peace. Page 4. Anglo-Russian agreement completed. Page 4. French army and fleet start for Morocco. Page 2. Raisull says Sultan's treachery caused cap ture of McLean. Page 2. Bloody battle at Casa Blanca ends In de feat of tribesmen. Page 2. Permanent court at The Hague aasured. Page 6. Duchess of Marlborough devotes herself to care of convicts families. Page 1. National. Anti-American feeling in Japan confined to small coterie of politicians. Page 4. Two avenues of escape for Standard Oil well guarded by Government. Page 1. Politics. Vardaman does- not give up election, and Williams guards against fraud. Page1 4. Sir Casper Purden Clarke tells how, tariff injures American art. Page 7. Domestic. Mania for brutal crime continues in New York and Chicago and spreads to other cities. Page 1. Rich Illinois man's will ties up estate so" it may reach 1 1,000,000 before divided. Page 5-- - ' . Peary will start for the pole in few days. Page 3. "Wellman succeeds In inflating , balloon. Page 3. : Alabama, may call out. troops and have extra session to bring Southern Railroad to submission. Page 1. Harriman's gasoline car makes successful long-distance trip. Page 1. . . Mrs. Fish takes revenge on Harriman's friends. Page 3. Voltva loses lace factory and starts secession from Zton. Page 3. Joel M. Long, of Portland, arrested for cruelty to woman with whom he eloped. Page 3. Pacific Coast. . Ernest Bonomi. 'station gardener at The Dalles, murdered while he1 slept. Page 6. Over-production of hops at North Yakima discourages many dealers. Page 6. Fire destroys block of wooden buildings al Eugene. Page 6. Washington lumbermen to urge Portland's shipping advantages .in demand for open gateway. Page 7. Governor Chamberlain defends reclamation project contract in Deschutes country. Page 4. Commercial and Marine. Changes in local dairy ' produce market. Page IS. Wheat . breaks nearly 2 cents at Chicago. Page 15. Effect of Standard Oil fine on stock market. Page 15. Two large cargoes cleared foreign from Port land. Page 14. Portland and Vicinity. Suicide of Jack Leu clears up mystery sur rounding murder of Alexander Huber. Page ltt. Council committee refuses bids for bonds be cause premiums offered are too low. Page 10. Clackamas County people hope to wrest . portion of holdings from the Southern Pacific. Page 10. Mavor Lane vetoes pure-food ordinance and refuses terminal company a permit. Page 10. Armour carllnes forced to buy Portland ice to Supply California fruit trade. Page lO. Portland Republicans favor Hughes. Page 11. Astoria needs the money from gambling, but expect houses to be closed. Page L USE MILITIA TO FIGHT RAILROAD Alabama Will Enforce State Laws. TREAT SOUTHERN AS OUTLAW May Take Possession of the . Road by Armed Force. EXTRA SESSION PROBABLE Governor Comer Holds Long Confer, en co With Legal Advisers to De vise Methods of Procedure. May 'Appoint Receiver. BIRMINGHAM, Ala., Aug. 8. (Spe cial.) It Is not unlikely that troops will be ordered out within a few days to take possession of the line of the Southern Railway, the cancellation of whose li cense to operate in the state is calmly Ignored by the company. A four-hours' conference held here this afternoon be tween Governor Comer, Attorney-General Garber and prominent attorneys, in cluding two ex-Chief Justices of the State Supreme Court, Is believed to have resulted In a determination to make wholesale arrests of officials of the Southern road If that company noes not recede from Its present position. A state official close to the Governor made the statement that Governor Comer was going to use every power at his command to make the Southern Railway obey the laws of Ala mama. "If the railroad carries out Its threat to stop all business inside the state and confine Itself to only interstate business," said this official, "then the Governor will order out the state troops and take pos session of the railroad, which has al ready placed itself In the attitude of a mob, defying the rightful authority of the state. This action would be followed up by an extra sessston of the Legisla ture, at which a law would be enacted whereby ths railroad would be placed in the hands of a receiver in less than 60 days." CONSULTS HIGH OFFICIALS Governor Seeks Way of Forcing Southern Road to Submission. BIRMINGHAM, Ala., Aug. 6. No offi cial statement was isssued tonight of the conclusions reached at the conference to day between Governor Comer, 'Attorney General Garber and the assistant counsel employed by the state administration to assist In enforcing the laws affecting railroads, as to the next steps in the case against the Southern Railway. The Governor and the Attorney-General left for Montgomery late this afternoon and a lengthy session was held by the spe cial counsel tonight, at which the legal phases of .the question were gone over. It is expected that they will make a re port to the Governor tomorrow. While the Governor would make no statement, his advisers let it be known CAN BILL. TAFT EARN WQnRrUlFROfl ftUTQ,FETC&. that he is determined to enforce the state laws at any cost. . They said that, if nec essary, an extra session of the Legisla ture would be called or troops would be called out to see . that the state's com mands were obeyed. The view Is that the Southern Railway, by defying the state law by the removal of a case from the state to Federal courts, and thereby having its charter revoked by the Secre tary of State, has placed Itself In a posi tion to be dealt with as an outlaw or mob would be dealt with. , It Is considered more than likely that wholesale arrests will follow in the next few days of officials and employes of the Southern, who continue to operate1 the various lines in spite of the fact that they are doing so without a charter from the state. GASOLINE CAR MAKES SPEED Test Run Across Nebraska Shows High Speed. OMAHA, Neb., Aug. 6. Motor car No. 5 left Omaha at 9:05 A. M., August 3. as the second section of Overland Limited train No. 1, making the run of 290 miles from Omaha to North Platte in eight hours. The time of the Overland Limited as scheduled Is eight hours and thirty minutes. The run from Omaha- to. Den ver, 66 miles, was made In 21 hours and 22 minutes, the car being delayed west of North Platte 6 hours and 34 minutes by washouts. This car will go Into regular service be tween Carr and Denver on August 8, and is expected to perform a dally service of 172 miles. There Is no longer any ques tion as to the ability of these cars to per form .the service required. This car at one time attained a speed of 65 miles an hour. TRACKS BEING NEGLECTED Tracklayers Will Call State Commis sion's Attention to Matter, LINCOLN, Neb., Aug. 6 (Special.) On behalf of the National Tracklayers' Union. H. A. Vurpla today made formal complaint to the State Railway Commis sion that the Missouri Pacific Railway Is criminally and villainously neglecting Its tracks in Nebraska, greatly to the detri ment and safety of passenger trains. In support of its contentions the union presented as exhibits 32 photographs of broken angle bars, rotten ties, spilt rails and bad roadbeds. The complaint alleges that Insufficient men are employed by the road to safeguard life and limb, and asks for a rigid Investigation by the commis sion, at which the union asks to have a representative to point out the dangerous spots. DEVOTES LIFE TO CHARITY DUCHESS OF MARLBOROUGH CARES FOR CONVICTS WIVES. Provides Homes While Husbands Serve Sentence and Teaches Them to Earn Own Living. I LONDON. Aug. 6. The Dally Mirror publishes a story of the benefactions of the Duchess of Marlborough in behalf of the wives and children of convicts. The Duchess, it say, has taken two houses in London, which are being com fortably and tastefully furnished. One will be for the wives of prisoners serv ing sentences, and the Duchess hopes to find room for about 20 such women, who will be taught laundry work and plain sewing. The Bishop of London Is to ded icate the two homes, probably in Septem ber. Another charity which the Duchess al ready has In progress is a home where mothers whose husbands are serving Sen tences may take their babies and leave them from 8 o'clock In the morning until 6 o'clock in the evening. The Duchess goes there every day and, it Is stated, to complete her work Bhe is giving up her proposed visit to America this year. A HERO MEDAL. LIKE THESE OTHER FELLOWS? BEVEFUDGE TQlrlflRIVfY MANIA FOR CRIME STILL RAMPANT Italian Brutally Assaults Little Child; BEATEN AND KICKED BY MOB Rescued by Policemen in Time to Save His Life.; SEVERAL SIMILAR CRIMES Seven Other Men Arrested in New York Terror Seizes Women Who Dare Not Lose Sight of Children. NEW YORK, Aug. S. One of the most brutal of recent crimes against women and children was today charged against Luzza Fontaza, who was locked up at New Brighton station, on a charge of assault ing Antoinitte Taluccl, the 2-year-old daughter of Mr. and Mrs. Pasqua! Tal uccl, of New Brighton. Fontaza and Taluccl are both laborers employed at the King plaster mills. In New Brighton, and Fontaza boarded with the Taluccl family. Fontaza was left with the little child this afternoon while Mrs. Taluccl went shopping. The mother had not gone far from the house when the child's screams were heard, When ho saw Mrs. Talucci, Fontaza rushed from the house, Mrs. Talucci fol lowing him. Her cries brought out the neighbors and soon a mob was follow ing the fleeing Italian down the street. The pursuers soon overtook the man and he was knocked to the ground, where he was severely beaten and kicked by men and women, until a policeman appeared and, with club and revolver, fought off the crowd. The child, on the orders of a magis trate, was .examined by a physician, who reported that It was seriously Injured. Fontaza' "was "held lit"" $5000 ball on a charge of criminal assault. More Assaults Committed. Angeline Condarti, a 6-year-old child, was found terribly bruised in a thicket near the village of Limonvllle, Staten Island, this afternoon. She had been at tacked by an unknown man. Joly Ambatro, an Italian laborer, was arrested In Brooklyn this afternoon on a charge of attempted assault on two little girls. Daniel Lalo and Frank Pea body were arraigned on similar charges. The arrest and detention of two Ital ians today In Lee avenue Court, Will iamsburg, disclosed another attempt made last night to assault a young woman. Miss Sadie Hazenflug, a niece of State Senator Hazenflug. She was walking with her fiance last night, when two Italians, who gave their names as John Montelone and Peter Condaso, attacked her. The Italians overpowered Miss Hazenflug and her flance, when the girl's screams brought a crowd, which gave chase. The Italians were finally cap tured. A rope was brought and GO men rushed for the Italians, who were being hurried to the statlonhouse by the police. The crowd scattered when the police drew their revolvers. Miss Hazenflug and her flance were uninjured. Late last night the police received news of another attack. It occurred in the suburb of Richmond Hill. Jennie Smith, 22 years old, was attacked by two men while on her way home. Her screams brought assistance, and one of the assail ants was captured. Call for More Police. The Central Federated Union has ap pointed a committee to call upon the Mayor with a demand that he take ac tion that will put a stop to the attacks on children. Deputy Police Commissioner O'Keefe, who is in charge of the police department during the absence of Commissioner Bingham, today asked the Mayor and the Board of Estimates and Appropria tions for funds to employ 500 additional policemen. The request will be acted upon Wednesday. Most of the crimes are committed In Chulalongkorn, King of flam. Who Is Sirk in Berlin. BERLIN, Aug. 5. King Chula lonckorn. of Slam, who has arrived here on his tour of Europe, has had to call In physicians to attend him. He has been Indisposed for some days. It Is said, from an acute attack of malaria. The King, who has a fad. U cred ited with having spent S2.300.000 for gems In the course of his Euro pean tour. A London firm has sold to the King Jewels valued at $625. 000. In Frankfort the King spent 300,000 for Jewelry. little-frequented places. Mothers through out the city are terror-stricken, and la cldents which under ordinary circum stances would be passed over without a single thought are magnified and re ported as crimes, which have little foun dation In fact. Many of the police -offl dais believe there is not an unusual number of assaults, but that the several murders within the last few weeks and the hysterical condition of the people, particularly in the tenement district, have caused reports to the police which under ordinary circumstances they would, never hear. Mania Still Continues. S. Anderson, a laborer, aged 30 years, was arrested in Brooklyn tonight, charged with attempt to assault 5-year-old Julia Slelscher. The girl, it is said, was enticed by Anderson Into a barn In the rear of her home. She told her parents and they notified the police, who arrested Anderson. May McRae, a girl of 16, says that, while she was standing in the doorway of her home in Seventh avenue tonight, Oulseppl Treste, an Italian, approached her and asked her to go with htm. She refused. Shortly afterward he re turned and, it Is alleged, threw his arms around her. Her . screams at tracted attention, and soon a crowd of 600 was chasing the Italian. He was overtaken and beaten unmercifully un til half a dozen policemen rescued him. Israel Israelson met little Freda Bockwltz, aged 7, In One Hundred and Fifty-first street tonight and, accord ing to her story, offered her a nickel to go with him. Her playmates told her parents, and a crowd gathered about the man. The crowd became threatening by the time an officer ap peared and arrested Israelson. MOTHER MCRDERS HER BABES Mind Deranged, She Strangles Them With Devilish Cunning.' BALTIMORE!. Aug. 6. The atrocious murder of two babies by an Insane mother thrilled Northern Baltimore to day. Madness, which has twlce caused her to be confined to an asylum, this morning took possession of Mrs. Chris tine Nenadal, aged 26 years, the wife of Joseph Nenadal, a woodworker employed In a wagon factory. With the cunning of a mind deranged, she laid her plans to put her little ones to sleep, for that Is what she believes she has done, but she has done more. Leaving the little daughter Mary, aged between 2 and S years, playing In the streets, she put the younger of her chil dren, Taroslov, 1 year and S months old, In Its carriage and took It to a near by park. Just what happened there is not known. When the mother returned, the little one In the carriage was covered with leaves and small branches, but a neighbor noticed that its face was strangely pale. Mrs. Nenadal took both children Into the house and carefully closed all the doors and windows. A little later she went for a friend, Mrs. Victoria Vala, and asked her to come and aid in dress ing the children. Returning, the two women entered the dining-room of the Nenadal home and there, lying on the table, Mrs. Vala was horrified to find the naked bodies of the two children, both of them having been strangled by the mother. The latter .when the police were sum moned, fondled the little bodies and gave them up only when forced to do so. Her one concern now seems to he lest the children be awakened. She repeatedly asks to have them brought to her, so that she may stop their slumbers. As she sits In her cell at the police sta- (Concluded on Page 8.) ' ii- ' ' i ' i r - f i . 4 CITY OF ASTORIA NEEDS THE-MONET $12,000 Is Receivep From Gambling. PUBLIC SENTIMENT CHANGING Citizens Growing Less in Favor of "Wide-Open Town." EXPECT HOUSES TO CLOSE Ministers Look to District Attorney Hedges to Complete Work Be gun In Closing Dancehalls and Saloons on Sunday OREGON CITY. Or.. Aug. 8. (Special.) District Attorney Hedges refused to make any statement today when asked If he would stop gam bling In Astoria, as has been done In Milwaukle. Clatsop County Is in the same Judicial district as Clack amas; also Columbia and Washing ton. ASTORrA, Or., Aug. 6. (Special.) While as yet no orders have been Issued by the authorities to close the gambling houses In ABtorla, nearly everybody, Including the gamblers themselves, anticipate that the action of District Atorney Hedges In closing the gambling houses in Clackamas County Is but the forerunner of what is to be expected here. It Is known that the District Attor ney and his deputy have been consid ering the matter of placing the lid on Astoria, but when questioned today Deputy McCue was noncommittal and would not state what. If any, decision had been reached. It Is safe to say, however, that no action will be taken in the matter by the local authorities for the present at least, unless under Instructions from the District Attor ney. The sentiment in Astoria relative to the gambling question appears to be divided, the majority of those favoring It doing so on account of the revenue it brings the municipality and, as many assert, "the city needs the money." Public opinion, though, has undergone a wonderful change within the past few months. Less than a year ago the great majority of the people were In favor of a "wide-open" town, but since that time the dance halls have been closed, women have been forbidden to loiter about barrooms and the saloons have been closed on Sundays. Aside from those directly affected, scarcely a protest has been made against the en forcement of thestf regulations and, excepting for the fact that It affords quite a source of revenue for the city treasury, there would be few opposed to the stopping of gambling. In the past the. gambling question has been handled entirely by the city, which collects a fine of $25 per month from ach game In operation and thus derives a revenue of from 12,000 to $13,000 annually. DOES NOT TELL HIS PLANS Hedges Makes Xo Announcement Regarding Astoria. OREGON CITY, Or., Aug. 5. (Special.) District Attorney Gilbert L. Hedges is authority for the statement that the Mil waukle Country Club will stay closed, and that there will be no relaxation on the part of the Clackamas County of ficials. Mr. Hedges says that he hoped the closing of the club would have been kept from the public until the Oregon City churches would have had an oppor tunity to mfet together and pass some more resolutions. "It Is not my policy to say what I am going to do, but to simply go ahead and do It after my plans have been matured. I did not expect to have the churches rise up and call me blessed, but I did hope to have fair treatment and conduct my of fice unhampered by the press and resolu tions of the clergy and t .eir congrega tions. Two weeks ago I announced that the Sunday closing law would be strictly enforced In Clackamas, Clatsop, Colum bia and Washington counties, and the sa loons have been closed tight on Sundays. Not a single Oregon City minister has In any manner communicated to me his ap probation of . my course In so doing. All of the Astoria ministers have, and Rev. Clarence A. Housel, pastor of the Metho dist Episcopal Church of Seaside, mada the following public statement: District Attorney Hedges, of the. Fifth Judicial District, has issued or ders that the law requiring saloons to be closed on Sunday shall be strictly enforced in his district. This includes our community, and is welcome news to all the best citizens, not only in the church, but out of It. Mr. Hedges de serves the support and approbation of all the people. We hope mat this will be the beginning of a hiovement which will go far enough to Include all places of business now open on Sunday." Some in Milwaukle Oppose Club. A counter expression is being circulated In Milwaukle to show that the attitude of all the people of the place la not fa vorable to the Milwaukle Club, as might be supposed by the statement issued Sun day morning. At the Sunday night serv ice at the Evangelical Church Rev. F. M. Fisher denounced the statement that Mil waukle people wanted the Milwaukle Club to remain. Rev. F. M. Fisher, J. W. (Concluded on Page S.)