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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Aug. 10, 1907)
THE 3IORXIXG OREGONIAN, SATURDAY AUGUST 10, 1907. JUDGE ATTACKS STATES' RIGHTS Jones of Alabama Comes to Rescue of Southern. Railway. MODIFIES PREVIOUS ORDER ; fays an Enforcement Would Blot Out the Road Points Out the Difficulties It Would Encoun ter Those Who Meddle. MONTGOMERY, Ala., Aug. 9. In ac cordance with the agreement made be tween the state and the Southern Rail way yesterday. In which the license of the latter In Alabama was reinstated, lawyers for the Southern Railway today appeared before Federal Judge Jones and secured a modification of his Injunction heretofore granted against the state re straining it from enforcing laws while liti gation is pending. In modifying his or der Judge Jones reviewed the case at length and said If the state now enforced it. It would blot out the road almost as completely as if the rails were torn up and the roadbed dismantled. He said: "Aside from the direct consequences to . the public, the statute would practically confiscate the right of the carrier to do domestic business. If It attempted to carry on United States local business, as It Is obliged to do by the obligation under which It acquired its property, and which ' is not changed by this statute, which has no constitutional validity, and the state authorities attempted to enforce the stat , ute, It would result in conditions which would render the efforts to do domestic business worse than useless. "Agents of the carrier would be liable to arrest and imprisonment for their local transactions. "It would be deluged with suits. Engi neers and conductors and ticket agents would be snatched from their posts at any points, to the delay and Injury of the traveling public. The arrests would, nec essarily Interfere with interstate com merce and delay United States mail. "The lives of men. women and children upon the trains would be imperiled for the only movement of the trains would no longer depend upon the train dispatcher, but rest upon the community of constables or Sheriffs as to the time of an arrest at any stopping place along the route. "Does any one who really loves the people of Alabama" believe the court should have allowed such a state of things to be brought about? "In spite of the plain principles so often declared by the courts of the coun try, the action of the court In these cases in the discharge of sworn duty has been savagely assailed sometimes, sad to say. by men whose duties make them defenders and not defamers of the court, as an interference with the rights of the state and an unwarranted Intermeddling with local affairs." Judge Jones showed the authority under which the court acted and continued: "It is a wicked thing to excite the pas sions of the people against the authority of the courts and whatever the end sought to be obtained therehy. If procured by overawing them or preventing the exe cution of their orders, that end is accom plished at fearful cost and Inflicts a fatal stab upon liberties of the people." B.F. JONES TELLS HIS SIDE REPLIES TO SUPERINTENDENT NEVINS OF YAQUINA ROAD. Says the Letter's Reply to Railroad Commission Is Full of Mls . statement of Facts. NEWPORT, Or., Aug. 9. (To the Edi torsThe Oregonlan gives from a Salem correspondent what he calls a. complete answer by Mr. Nevins, Superintendent of the Corvallls and Eastern Railroad to 'a complaint I recently fileff with the Rail road Commission. , I did not file the complaint with the view of going Into a newspaper contro versy. But. since Mr. Nevins has seen fit to make a personal attack on my family. I beg space in The Oregonian to further air the matter up. Mr. Nevins, who I understand, has only been manager of the Harriman combined flyer and freight train over the Corvallls & Eastern for less then a month, and who probably has nevfcr been over the " road a half dozen times, assumes to know all about matters and things in Lincoln County. His tabulated statement to which he refers, is very misleading, and while it may not be false like most of his Inspired article from an Albany at torney, yet he says in 25 days he only carried 2784 passengers over the C. & E. to Newport, or an average of 111 per day, while he says the company had a capac ity of 4400. He does not tell the public how many local tickets he sold to pas sengers to way stations, and he does not mention the fact that Wednesdays. Satur days and Sundays, from 150 to 3C0 go over. Will his three or four old coaches carry these large crowds and give seats to the passengers? Other days in the week the train has a capacity of 111 as he says. If Mr. Nevins knew anything about the conditions over this road that he assumes to manage, he would know that trains often leave Albany with every seat taken and that when the trains arrive at Cor vallls, from 23 to 70 people get on for Newport. He should have an extra car or two at Corvallls to accommodate these people. Mr. Nevins says the reason for the delay of 45 minutes at Yaqulna is because campers request them to wait for their baggage. If there are 25 campers who want them to make this delay, there are a hundred who stop in cottages and hotels who do not want to wait this time In the cold wind, and if Mr. Nevins had any care for these patrons he could bring their baggage down later. Mr. Nevins says I evince a woeful lack of knowledge of safe and adequate navi gation on Yaqulna Bay and don't know about conditions in that country. I will say Just for the information of the gentleman of the Harriman Flyer, that I settled on Yaqulna Bay In .1870; for 25 years, prior to 18 months ago, I have lived on Yaqulna Bay: and that I have had a Captain's license to navigate "steamboats on Yaquina and other naviga ble waters of Oregon, for over a quarter of a century. I can also gix-e him some information about the safe and commo dious steamer Richardson, which he as serts Is the only safe and proper boat to run on Yaquina Bay in order, s he says, to give the public good, safe and adequate transportation. I pulled the bells over the machinery that is now in the Richardson, in 1884 and 18S5, the ma chinery then being in the old Terresa May. which In 18S8 was condemned. The "achlnery was taken out and placed In a new hull which was christened the T. M. Richardson. Old steamboat men do not know how old the machinery Is. The hull Is only 19 years old. The Richard son in Its best days was never licensed to carry over 100 passengers. Captain Jacobson and his associate are not to blame at all about transportation conditions between Yaqulna and Newport, for the reason that the railroad people have promised every year that they would continue their road to Newport. A year ago the railroad : people again vowed to the citizens of Newport that they would run through trains to Newport this season, and upon these representations Captain Jacobson did not build a new boat. Mr. Nevins may enter another protest here and say that the Southern Pacific only recently took over this property. But such an assertion won't go. as the people all know that Mr. Harriman has operated this line since it was bought for J100,000 a road that formerly cost' X&, 000. 000. Mr. Nevins says that the Richardson is the only' safe boat on Yaqulna Bay. Yet he knows that the Richardson now lies at her dock at Newport, broken down, and that these little, uninspected launches as he calls them, are now, and have been, for the past ten days and at other times this Summer when the Richardson has been out of commission carrying all the passengers Just in the same manner and towing the same old boat-house scow that the Richardson tows when it is able to navigate.. He also says that I am In terested in some of the small launches plying on Yaquina Bay, none of which Is subject to inspection. But I do not own any Interest in any boat,, not even a skiff on Yaquina Bay. - When Mr., Nevins says that Mrs. Jones and myself took the smoker from choice, he makes an Incorrect statement. As for myself, any old place will do for me to ride, and I do often ride in the smoker when there Is one. The facts are that July 24 Mrs. Jones and I, with a large party from Independence, boarded the train at Corvallls. I went through all the cars time and again, as 50 people will testify, and tried to get seats for my wife and girls, and I finally seated Mrs. Jones and the girls In the combii nation baggage and smoker, very much against her protest. , Just before we got to Philomath, the conductor came to our seat and in the presence of several Cor vallls business men one I remember to be Mr. Houston and said: "I'll try to get your wife a seat after we leave Phil omath." But still there was no seat and Just before we got to Wren the torakeman came and said: "I can get a seat for your wife." I said: "As soon as the train stops, we will go Into the other car." At Wren more people came aboard and we could not get a seat. At the next station I got a seat In the pas senger car for my wife, and a kind gen-, tleman gave one of my girls a seat with himself and a girl near him. Mr. Nevins says that I recently boarded the train at -Toledo, holding Newport excursion tickets that were not validated. Here he is again incorrect. The facts are: I got on the' train at Toledo, after I had paid my way from Newport to Toledo. I had a round-trip ticket from Corvallls o Newport and the instrue-' tlons on the ticket were to be signed by the original purchaser in the presence of the, agent at Newport. At that time Mr. Nevins, Summer agent, or as some call him the six-weeks' agent, had not yet opened his office and did not for a week later and I could not get the ticket val idated. I so Informed the conductor, and he bet the cigars with me for the crowd in the smoker that I was wrong. When he examined my ticket he con fessed that I was right and said he would call, the matter , to the attention of the proper officials. Mr. Nevins says that I did this to beat the railroad com pany. I pay my railroad fare from choice, not because I have to do so for I could now have the regular annual employes' contract-pass over all the Southern Pacific and Oregon Railroad & Navigation Company's lines in Oregon, should I desire It "as local attorney, as all their local attorneys and doctors have In nearly every town in Oregon, of any Importance. Mr. Nevins was so anxious to show up Mr. Jones' ultra motives that he Is again Incorrect when he says I filed a com-. plaint with the Rallroa Commission against the Rogue River Valley Rail road Company. As. a matter of fact, I have not been over the road from Med ford to Jacksonville since 1R98. But I am glad there is a Jones down there who will register a "kick" for the. people, when conditions demand it. All that Mr. Nevins may say or charge to me, will not deceive the people as to the existing bad condition of transpor tation the Harriman system in Oregon. I also want to Call Mr. Nevins' atten tion that complaint Is being made be cause of the $64 rate on loaded freight cars from Elk City to Albany, or about $6.50 per ton. If the Railroad Commis sion should visit Yaquina I would ask the Commissioners to kindly stand for awhile on the rear platform so that they may see dozens of ties so rotten that these ties can't hold the spikes. And It would not be out of place to examine the bridges and tunnels. For twenty years thousands of tons of dirt and trees have been thrown by cor porate interests into the navigable waters of the Yftqulna Bay destroying fishing industries: and as a result thereof,' the bay from a point below Mill Creek and to four miles below Toledo has shoaled from two to four feet in places. At Toledo, where In the days gone by, ves sels carried lumber to San Francisco, an ordinary river boat cannot now enter under half-tide. It will cost the Govern ment $250,000 to remove the dirt tnrown into the bay. Only last Winter I saw men and teams with scrapers for days at a time dumping dirt into the naviga ble waters of the bay. - - complained to the Secretary of War about this and the driving of piles in the bay. Tile Secre tary of War ordered the fishermen to take out the piling they l.ad driven In. But the Harriman railroad system Is too big a concern to obey either state or Federal laws. B. F. JONE3. TAKES GREAT NAME Vancouver Island Man Poses as Quantrell. REAL QUANTRELL IS DEAD JAPAN ANDAMERICA. Parisian Newspaper's View of Pa cific Question Objected To. PORTLAND, Aug. 9. (To the Editor.) If anybody is anxious to see a specimen of senseless talk about an "American peril" he Is x referred to an article in the Parisian 'newspaper "Gil Bias" and printed In last Sunday's Oregonian. "Gil Bias" see an American peril which is far more immediate and worse than the so-called yellow peril, and. judging from its quotations, one should think that the population of the United States is so large that the people find it hard to make a liv ing and are forced to emigrate to Japan and China, driving the Japs and Chinese out of their possessions farther west into Europe, for "Gil Bias" says: VThe American peril Is at our (France's) very door, and on the threshold of Japan and China" This manner of reasoning brings the Parisian newspaper to the same standard of thought as the one of a robber who thinks that the man who declines to allow himself to be robbed or allow others to be robbed Is a peril. If I should give the quotations com plained of to an impartial reader and omit the name "United States" he would probably think that the "Gil Bias" means Germany, for the quotations represent exactly what the French see In the Germans. How this mix-up came . about the Parisian paper perhaps alone knows or perhaps does not know. Why the American peril Is "worse" than the "yellow peril" "Gil Bias" does not ex plain, expecting everybody to take It for granted. It would be a waste of time and too great and useless a task to attempt to enumer ate all the senseless talk of that newspaper. It is enough to add that "Gil Bias" per haps thought that the United States would leave the Pacific Coast nt the mercy of the Japs, who were threatening to send a fleet to the 'Pacific Coast and punish the rllfnrniBna. HKRM AN LKV1NSOJB. Former Michigan Cavalryman Mis takes John Sharp for Guerrilla and Sharp Promptly Borrows Quantrell's Plumes. VANCOUVER. Aug. 9. Bill Quantrell. leader of Quantrell's guerillas in the Civil War, who, according to history, died of wounds at a Kentucky hospital, after his raiders were cut up. Is alive, and lives at Quatslno, on the northwest coast of Vancouver Island, under the name of Jolm Sharp, according to a num ber of people who have conversed with him. ' J. E. Duffy, a prominent tlmberman, who recently became interested in tim ber limits at Quatslno, recognized John Sharp, who Is over 70. hoary and gray, as Quantrell, Duffy having been a mem ber of the Michigan troop of- cavalry which cut up Quantrell's force. He stated to Duffy that he was correct In his recognition. Sharp said he had been left as dead, and Instead of dying of his wounds at Louisville, as history recorded, he had taken a horse, ridden many miles and disappeared. He made his way to South America, remaining a number of years in Chile. He then went to Texas, engaged In the cattle business, making considera ble money, which he exhausted. Then he went to Oregon, where he punched cows and drove cattle over ; the moun tains. From Oregon he came to British Columbia nearly 20 years ago and en gaged In logging on Vancouver Island until 10 years ago, when he became a trapper. Six or seven years ago he went to Quatslno, where he was made a care taker of the mines of the' West Vancou ver Coal Company, at Coal Harbor. When J. K. Duffy landed at Quatslno from the steamer Tess, he met John Sharp n the beach at Coal Harbor. Duffy looked the old man over and said : ' ' "Is that you, Quantrell, you d d old rascal?" 'Come into the house," said Sharp, and for some hours the two men talked. Sharp stating he was In reality Quan treli, and he talked at length of the raids In Kansas and elsewhere. R. E. Montgomery, who is engaged In business at Quatslno and who knew Sharp as Quantrell at -Fort Worth, Texas, and H. O. Bergh, postmaster at Quatslno,. are two others to whom Sharp has stated his identity as Quan trell. . "I might as well admit it," he told both. "It seems that I cannot hide the fact." .- - , - . The story the old man told to the In formant of the Associated Press was that until his band had been cut up he had been bayonetted In the chest and had a bullet wound through the shoulder. Tha surgeon who looked him over diagnosed that' he could not live more than a -couple of hours, and he had been left so that others with more chance of recovery could be attended to by the overworked surgeons. While they, tended the others he gof up, de spite his wounds, . and dlsappeared. Tbat night, he says, he rode 70 miles. SATS QTJANTRELIi IS DEAD Kansas City Preacher Tells of Great Guerrilla's End. KANSAS CITY, Aug. 9. According to local, history. Bill Quantrell, the guer illa leader, who played so Important a part in the Missourl-KansaB border war fare of the early days, died in the Sis ters' Hospital at Louisville, Ky. Rev. Thomas Cobb, formerly pastor of the Methodist Episcopal Church of this city, but now located In Oklahoma, knew Quantrell in Kentucky during the Civil War. He was a cavalry recruiting officer and at this time camped with Quantrell for two days and had many talks with him. Rev. Mr. Cobb said: "Quantrell was then in Central Ken tucky. He was on his way to Virginia and Maryland to join Mosby, He had a skirmish with the Federal troops, the Twelfth Kentucky Cavalry, and was se riously wounded. He was not known as Quantrell during that expedition but went under the name of Captain Clark. "I was paroled in Lbuisville about that time by Colonel Folsom. One day Colonel Folsom asked me If I knew Quantrell and I told him I did. When he asked if I would identify him I said i would if he were dead. Then you will not identify him If he Is alive?' asked Colonel Fol som. 'No,' I replied. I was taken to view a body but It was not that of Quantrell. A day or two later several of Quantrell's men saw the dead body of their leader In the Sisters' Hospital and attended his funeral In the Catholic Cemetery. This. I believe, Is the true story of Quantrell's death and burial." Near Independence. Mo., is a center for Quantrell men. Judge A. J. Llddill, of Independence, head of the Quantrell As sociation, said today: "There is not the least doubt of Quan trell's being dead. Mrs. Nevross, after wards Mrs. Aquilla Lobb, saw him die In the Federal Hospital at Louisville, Ky., and helped lay him out. She knew Quan trell well and she could not have been mistaken." x Relics of Quantrell In Museum. TOPEKA," Kas., Aug. 9. Mention of the discovery of W. C. Quantrell being alive in British Columbia calls to mind the fact that in the state historical rooms here are two shin bones and a lock of hair supposedly of the famous raider. They have been there since May, 18S8, when the mother of W. C. Quantrell and W. W. Scott, of Canal Dover, Ohio, opened the grave at Louis ville, Ky. Kills Husband as Burglar. SAN FRANCISCO,. Aug. 9. Yesterday afternoon Edward Farquhar, an Iron worker, living in the Portrero district, went out upon the neighboring hills to engage in pistol practice with a new weapon he bad secured. When he returned home he tossed the pistol aside, remarking that it was no good, as he could not discharge it. At 9 o'clock he stepped outside of the house. When he was returning Indoors his wife grabbed the p'lstol and fired a bullet through his heart. The woman was taken to prison in a hysterical condition, saying that she had been suddenly awak ened from sleep and believed her hus band was a burglar. Woman Swindler May Go Free. NEW YORK, Aug. 9. After a career which latterly, at least, has been remark able on account of numerous persons of station whose confidence she gained and the ease with which she led a life of ease, the; tall, light-haired English Woman of striking appearance who called herself Eva Fox-Strangways, sister of the Earl of Ilchester, finds herself in the Tombs, charged with passing worthless checks, and utterly friendless. She was arrested WOULD HAVE DIED BUT FOR CUT CURS Five Children Suffered With Fearful Skin Troubles One Little Girl's Eyesight Was- Endangered A Grateful Woman Writes of FIVE PERFECT CURES BY CUTICURA REMEDIES "Cuticura Kemedies saved my two children. My little girl's face was so covered with sores that she could not see and I thought at one time that her eyesight was gone for good. After two doctors had failed to do her any good a friend asked me to try the Cuti cura Remedies. I did so and in two or three days we could see a great change and in four weeks she was well and her face was smooth and had cured nicely. She had been sore for three months so that she could not rest night or day. My little boy was sore all over. BTis head was a solid scab. First we tried a doctor who did him no good, but tha first time I bathed my son's head with Cuticura Soap and put Cuticura Oint ment on it he rested better at night and the next morning his head was much better. In fire weeks he was well. I cannot say enough for the Cuticura Remedies for if I had not used them my baby would hare died. My little sister, Nora 8 , had a terribly sore face. I told my mother of the Cuticura Remedies. She used them and the child's face soon got well after the best doctors had failed. Pearl B used Cuticura Soap, Ointment, and Fills for sores on her body and face, and little Finlcey S had a sore head. Her mother used Cuticura Soap and Ointment on it and she was soon well. Mrs. Mary Hicks, Sutherland, Dinwiddie Co., Va., Apr. 15, 1907." ECZEMA ON FACE Cured by the Cuticura Remedies "I had eczema in very bad form all over my face for the past four months. Physicians in severaV towns prescribed for it without giving me any results, but four weeks ago I commenced using the Cuticura Remedies, consisting of one "cake of Cuticura Soap, one bottle of Cuticura Resolvent, and two boxes of Cuticura Ointment and to-day I am perfectly well. Nettle Helgeson, Ridge way, Iowa, Mar. 4, 1907. Cuticura Bop (S5e.) to Cleanse the Skin. Cntleura Ointment 50c.) to Henl the 8km. sod Cuticura Resolvent (40c.).(orln the form ot Chocolate Costcd Pills, 250. per risl ot 601 to Purity tb. Blood. r old throughout the world. Potter Drue Chem. Corp.. 6ole Props.. Boston. Mass. sr-llaued Free. Cuucur. Boos en Skla "trims In Toronto on Tuesday In a modest boarding-house and waived extradition pro ceedings. In the Canadian city, it seems Bhe discarded her claims to relationship to the English peer and went by the name of Edith St. Clair. She is accused of having vic timized several large hotels here and else where and fashionable dressmakers. In Jefferson Market Police Court the air of being high born and used to luxury, which she had affected, was wanting, and this was heightened by a far from fashionable garb. The dressmaker who brought the charge Is inclined to drop the case, and some of the hotels seem to be feeling Just as lenient. YOUTH SETS A FAST PACE Comes to Grief When He Resorts to Cashing Worthless Checks. TACOMA, Wash., JVug. 9. (Special.) O. 1 Thomas, reputed son of G. S. Thomas, banker and capitalist of Newport, Wash., and also In California, was arrested to night while enjoying a banquet at the Tacoma Hotel. Thomas Is charged with cashing worthless checks to the amount of $800 at hotels and automobile houses in Seattle and Tacoma. The checks were drawn on his father's bank and returned dishonored. Since Thomas has been in Tacoma he has traveled a fast pace with L. H. Sorenson, also arrested today for embezzlement. Toung Thomas told the police tonight that he had been disowned for a year, but expects his mother to morrow from Aberdeen to settle his debts and get him out of Jail. . Drain Normal School Has Funds. DRAIN. Or.. Aug. 8. (To the Editor.) In last "Wednesday's Oregonian, a news item from a Salem correspondent in regard to the opinion of the Attorney-General, upon th Question raised by Mr. Ayer, did the Drain Normal School a. great injustice in stating that it had "no funds whatever." Funds sufficient to defray all expenses for running the school have already been secured. Upon recommendation of the (State Board to President Brlggs, at its Salem meeting. an executive committee ws f U IT Take a careful look at your suit and then see what you think of this proposition. Here are some $15, $18 and $20 suits which we are closing out at $10. With this a man can finish out the season in style, and have a good suit to begin with next Spring. LION CiottiinaCo la ul ICS Tblrfl St. Mohawk Baildinx. Sat Mraa So eciai Crystal Water Set Consisting; of one pitcher and six tumblers , .aswy f$- fl'Y REGULAR VALUE $1.50 j elected, the necessary funds raised, com plete faculty elected, catalogues ordered printed, and all necessary arrangement made for running the school, and all this was done before Mr. Ayer raised the ques tion upon which the Attorney-General based! his opinion. 8. P. SHUTT. Where Municipal Ownership Failed. NEW YORK, Aug. 9. The electrio light ing of . the Williamsburg bridge will hereafter be furnished by a pri vate company, and not by the city, as it has been confidently thought could be economically done. The city Is now ad vertising for bids for illuminating the structure, a municipal ownership project for that purpose having proven disap ointlng. The structure has been lighted by power obtained from an incinerator for rubbish and waste at the bridge entrance. The plant will cost $85,000. Charles F. Lacombe, chief engineer of light and power, found it cost approximately $50, 000 yearly to light the bridge from the in cinerator, where a private company could do it equally well for half that amount. He advised the discontinuance of the scheme. Tho plant will be used only as an incinerator In future. Lake Shore Limited Wrecked. CHICAGO, Aug. 9. The Twentieth Century Limited train, westbound, on the Lake Shore railroad,, met with an accident today near Chesterton, Ind. A heavy freight train, eastbound, parted when not far from Chesterton, and the rear part of the train "buckled," throw ing seveKal cars on the westbound track. The Twentieth Century train came along and struck the freight cars which had been thrown in the way. Two cars of the passenger train were derailed. No passengers were In jured. The Twentieth Century was de layed about three hours in reaching this city. p!3!?33 !! i I !:IUIi ili J i tU i j r j till 1 IiiiiisUiS13 (J Will fjlgjp Mmmmm Sh i oppin; ' 1IJLUS able but S fatiguing; a cup of Ghlrardelli's Cocoa for breakfast helps wonderfully, it is so sus taining as well as deli cious. Before returning home don't forget to Order a Supply of Ghirardelli's Cocoa 4 Tlieov.eFnmeiif If lie 10. isTtheonly; Govern its citizens with a between' REAL the BoSilinej In .11 rn ... rHitm lvVj JIV BOTTLED v IN BOND lSy THE ment inthe World thatTprovides simple means or distinguishing whiskey and imitations. Under rama Act, whiskey bottled un- jjsta. "I-l. .. . - J ucivjuvci iiiiicui supervision must bear;over the 'iTin'ir.cri.v.T.j iicik. ui.cacn nnn etn Gre7n Stamp on , r . " . which IC nlninln crntai the exact age, strength and quantity of whiskey in tne bott e. When vour . - neaitn requires a.stimulant, demand 170 PURE FOOD DISTILLED IN KENTUCKY BecauM then you will KNOW that the whlakey you drink Ist lrrrrnatiTrerartifP dally aged or adulterated in any way. SUNNY BROOK i distilled scientifically, matured thoroughly, ripened and flavored by age only, and bottled under the direct supervision of U. S, Internal Revenue Officers, i It reaches the consumer ith its hiKh quality and soft, rich flavor fully preserved a whUkey without an equal the choicest product of. Kentucky's .greatest. Distillery - BLUM AUER & HOCH, orretlg DISTRIBUTOR T i