THE MORXIXG OREGOXIAX, SATURDAY, AUGUST 24, 1907. BEGINS TEST SUIT AGAINST BOYCOTT Head of Manufacturers' Asso ciation Against Labor Federation. FEDERAL POWER INVOKED Gompers and Other Federation Offi cers Accused of Violating Sher man Law and Being Unlawful Body With Malicious Aims. OREG-ONIAN XEWS'bUHKAC, Wash ington. Auk. 19. The whole .legal status of the bovcott Is believed to be put to the test of the United States Courts in a cause entered in Washington today. The American Federation of Labor and its officers are made the defendants in a suit which will eommpnd National attention. Interest will be heightened by reason of the report that some of the ablest attorneys in the country will take part In the case. The suit, which is to enjoin the Ameri can Federation of Labor, its officers and its 2.000.000 members, from maintaining a boycott to prevent the sale of the products of the Buck Stove & Range Company, of St. Louis, was filed by James M. Beck. ex-Assistant Attorney General; J. J. Darlington, of Washing ton, and Daniel Davenport, of Bridge port, Conn. The action makes the be ginning of what will probably be a de cisive legal struggle to determine whether the American Federation of Labor has the rightto bring the Ill-will of the mem bers of the 150 unions affiliated with it to bear upon any employer against whom a boycott Is declared as a result of labor difficulties. Van Cleave Fathers 'Test Suit. The importance of the suit is further heightened by the fact that the presi dent of the Buck Stove & Range Com pany is J. S. Van Cleave, who Is also president of the -Jational Association of Manufacturers. The contentions of the plaintiff may be said to .be fairly rep resentative of the attitude of the Ameri can manufacturers generally toward the boycott question. As stated in the peti tion the issue is this: At the convention of the Federation of Labor at Minneapolis last year the exec utive council of the Federation was in structed to place on the "unfair list" the Buck Stove & Range Company. This was done ostensibly on complaint of the Brotherhood of Foundry Employes that the company had discriminated against It by discharging its members because they belonged to the union. The company claims that it never heard of such a union or brotherhood and never discharged any person on such grounds. The company claims that Samuel Gompers, president of the Fed eration, announced later In the Federa tlonist, his official organ, that the Buck Company had been placed upon the un fair list after an attempt had been made at settlement. No Offers of Peace. The company denies that it ever re ceived .such overtures for settlement, but attributes the action to a dispute with the Metal Polishers' Union, which wished the hours of labor to be shortened from ten to nine, although the metal polish ers are employed on the piecework sys tem. The belief of the. Ruck Company is that the Metal Polishers' Union was unable to get the company placed upon the unfair list because, at the time of the convention, the metal polishers had three companies on the unfair list. The rules of the Federation provide that one union may not place more than three names on the unfair list. Fpr this reason the company believes that the other dispute was given as the real cause fr the action. The executive council of the federation ordered a boy cott, and in March a circular was sent to all the unions throughout the country stating that the Buck Stove & Range Company had been placed on the unfair list. The company's petition sets fortL that 8b a result of the action in more than 100 of the 200 cities where the Buck com pany had customers tne local unions sent committees to threaten these dealers with loss of patronagle if they persisted in selling products of the Buck 'Stove & Range Company. It Is pointed out that the system by which these boycotts are maintained is such that the 2,000,000 mem bers of unions affiliated with the federa tion can be brought to bear directly upon the company engaged in a laoor dispute which has resulted in a boycott. Points Raised on Boycott. The company's petition raised three points. They are: Is such a boycott a conspiracy In re straint of trade within the meaning of the Sherman law and prohibited by it? Is the American Federation of Labor an unlawful organization because it maintains an unfair list and brings to bear the hostility of its affiliated unions upon employers in behalf of any one of Its affiliated members? Whether by "false and malicious" ac tion the American Federation ot Labor shall be permitted to destroy the business of the plaintiff. The petition asks that an injunction be Issued to restrain Samuel Gompers, pres ident; Frank Morrison, secretary, and James Duncan, John Mitchell, James O'Connell Max Morris, D. A. Hayes, Daniel J. Keefe William D. Hu ber and Joseph Valentine, vice-presidents and members of the executive council, from sending out boycott circu lars directed against the Buck Stove & Range Company, from publishing its name on the federation's unfair list and from sending committees to customers of the Buck Stove & Range Company to In timidate these customers by threats of loss of patronage. The suit was brought in the District of Columbia because the headquarters of the federation are located here and this Is the point of publication of the Federa tionist, its official organ. JONES STRIKES OBSTACLE .Mackenzie Lacks Authority to Sur vey Vppcr Columbia River. OREGONIAN NEWS BUREAU. Wash ington. Aug-iist 18. In the closing hours of the last session of Congress Congress man Jones secured the passage of a reso lution through the rivers and harbors committee calling for a survey and esti mate of the improvement of the Colum bia River between Wenatchee and Kettle Falls. . In accordance with that resolu tion the matter was referred to the local engineer, who sent back a favorable re port to the War Department. In accord ance with custom. It was referred to the River and Harbor Board and a favorable report was also made by that body. The question then came up to the chief of engineers, General Mackenzie, who too no- action. Mr. Jones got Impatient at the delay, and wrote General Mackensie a letter urging that the survey be made im mediately, as this was a favorable sea son, owing to the low water in the river In the stretch named. ' General Mackenzie in' his reply lndl- Mtoa that ha la fn fl anrt Clt & Dickie. He says that he is In doubt whther he has ' any authority In law to order sucn a survey. In view of the fact that it was directed only by the committee on rivers and harbors and not by Congress and be sides, an adverse report had previously been made to Congress on this very proj ect. Explaining his dilemma and also turning down Mr. Jones' request. General Mackenzie says in part: "The question whether a survey can legally be made in this case without further action by Congress involves an interpretation of law which is novel, somewhat Intricate, and which I have had under the most serious consideration for some time. I now find myself obliged to take the view that, where an Improve ment has been adversely reported to Con gress under the law, the Inhibition of the statute as to a survey and esti mate, aft estimate following such a ,rerort can only be removed by a subsequent favorable report to be submitted to Congress. In a case such as this, where the subsequent favorable report arises on the review directed by a committee of Congress, the report Is made ,to the committee and not to Con gress, and hence It would appear that such a favorable report does not place It in the power ot the Secretary of War to order a survey and estimate. "I should be very glad to see this made a test case, and develop wSether or not my decision has been correct and In ac cord with the views of Congress. If Con gress would say definitely what shall be done, or may be done, on the basis of reviews which change an unfavorable to a favorable recommendation, I would be relieved of some anxiety." lira ROAD TO BE-SOLD TOLEDO, ST. LOUIS AND WEST ERN' GETS GUTTED LINE. Closing or Deal Awaits Decision Whether Government Will Prose cute for Rebating to Standard. NEW YORK. Aug. 23. The Toledo, St. Louis & Western Railroad Company has acquired control of the Chicago & Alton Railroad, according to an announcement made today. The acquisition Is subject to conditions which will not be made public for a fortnight.. While the negotiations are closed, the change of ownership will not take place until the Hawley interests are definitely assured that the Government does not Intend to fine the Alton 29,00o,000 in con nection with the Standard Oil rebates. Gould to Take Ocean Shore Road. SAN FRANCISCO, Aug. 23. Arrange ments have been effected by which the Western Pacific will finance the Ocean Shore railroad. The Ocean Shore will run .to Santa Cruz and Watsohvllle and will tap a rich section along the line. Details of the arrangements have not been made public, but it is said that the community of interests will be such that the Ocean Shore will, for all practical purposes, be a branch of the Gould system. THREAT TO LOCK MEN OUT Goldfleld Mine Strike Revives in .Regard to Change Room. GOLDFIELD, Nev., Aug. 23. The miners employed on the .Mohawk mine, who walked out last Sunday because of dis satisfaction with the change-room re quirements, are still out. General Man ager Finch, of the Consolidated, says the men are violating one of the main pro visions of the agreement between the mineowners and the Western Federation of Miners, and that If they do not return to work their places will be filled by other union miners. The union men say they were humili ated and subjected to the gaze of spec tators. The local miners' organization has taken the matter up, and it Is proba ble a settlement of the difficulty will be reached In a few days. , BUILDING TRADES LOCKED OUT Goldfleld Contractors Stop Move ment to Raise Wages. GOLDFIBi , Nev., Aug. 23. Building operations ii Goldfleld ceased at 6 o'clock last Tuesday afternoon, when the master builders notified their employes that their services were no longer needed. The lock out is the direct result of the strike of plumbers, who walked out last week when their demand for an Increase- in wages from $8 to 9 for eight hours' work was refused. The employers and master build ers appealed to the Trades Council to or der the plumbers back to work, but the central body declined to interfere. The building contractors then held a conference with the owners of the build ings under construction. It was decided that to grant the demands of the plumb ers, who recently secured a raise in wages, would be simply an invitation to the carpenters and masons and all other artisans employed in the building trades to demand an Increase In wages. Work therefore was suspended. Strike Stops Meat Supply. NEW YORK, Aug. 23. Deliveries of meat rom the local packing houses have been completely . stopped by a strike of the 400 wagon drivers. The only meat being delivered is that from refrigerator cars, and drivers handling that may strike today. Since August 14, .when the agreement between he companies and teamsters expired, rep resentatives of both have been en deavoring to adjust the differences, but the teamsters declined to accept the clause providing for arbitration of all meat questions. The packing distributing houses are manning trucks with nonunion men, some of whom were brought from ' New Eng land. Representative Western packers own the wagons for meat. Labor Bodies' Financial Dispute. SAN FRANCISCO, Aug. 23.-What amounts practically to an ultimatum was sent last night by the Building Trades Council to the Labor Council, in the form of a demand upon the latter that it pay J83.000 forthwith to the fund of the striking cftrmen, in order to bring its contributions up to those of the building trades. When the strike was called the two bodies of organized labor here agreed to share equally in the financial obliga tions Involved. Up to the present time, however, the Labor Council has con tinued in arrears. It has contributed but 127,000, while the Building Trades Coun cil has given 1110,000. Pope Makes American Countess. NEW YORK. Aug. 23. The pope has bestowed the title of countess upon Mrs. Thomas Ryan, the financier's wife, in recognition of her charities and church benefactions. WILL FACE COURT Taylor Offers to Return to Kentucky for Trial. BUT NAMES EXACT TERMS Man Sought Seven Years in Connec tion With Goebel Murder Ready to Testify and Face Jury If Promised. Fair Treatment. INDIANAPOLIS, Ind., Aug. 23. Wil liam S. Taylor, ex-Governor of Ken tucky, whose extradition has been sought 'by that state since the as sassination of Governor Goebel seven years -ago, tonight gave out a signed statement offering to return to Ken tucky to stand trial himself and to testify in the Caleb Powers case, if he can be assured absolutely of fair treatment. In -his statement Mr. Taylor says: . "If Commonwealth Attorney Robert B. Franklin haa power to promise im munity, will cause what remains of the $100,000 corruption fund to be returned to the. treasury of Kentucky,, no part of it to be used in these prosecutions, thus putting my case on the same foot ing as other criminal cases, will guar antee that' all trial Juries in my case shall be composed of six upright Dem ocrats and a like number of upright Republicans, will guarantee that ball will be granted me within the limits of tlOO.OOO, will dismiss the indict ments against all parties used as prosecuting witnesses except myself, leaving them free to testify without fear, coercion or restraint, and, last but by no means least, will in 'advance, by mutual agreement, select an able, upright and Impartial judge to try my case, I will without any promise of lm-munitj-, voluntarily and gladly return to Kentucky, not only to testify in the Powers case, but to submit myself to trial before a Jury of my native state." ADOPTS AMERICAN IDEAS Criel Studies Immigration and Ag ricultural Methods. SAN FRANCISCO. Aug. 23. (Special.) -Enrique C. Criel, Mexican Ambassador to the United States, arrived at the Fair mount yesterday from Washington via Western Canada and the northwest of the United States, where he has been on a tour of Inspection with a view of re porting to the Mexican government such conditions as he thinks may be advantageously-introduced in Mexico. The Ambassador said that he had been agreeably Impressed with many things that had come under his notice In the United States during his tour. He had visited the Government experiment sta tlons in . Oregon and considered that much good would result to Mexico through their Introduction there. He in tended to advise the establishment In Mexico of several experiment stations on the same lines as those he has seen in Oregon. S During his stay in California the Am bassador will visit the different Irriga tion projects in this state and will make a report on the work being done and the advantages that would accrue to Mexico through the introduction of similar works there. On the development of Mexico and its relations to the United states Ambassa dor Criel said that his country was be ing rapidly developed through the intro duction of American capital. American capital was flowing Into Mexico, where there was a rich field for it and a wide one: American capitalists were heavily Interested there In mining, agriculture, lands, timber and manufactures. The Ambassador declared J. hat the re lations between America and Mexico were never more friendly, and that Mexi co was doing all In its power to Induce the Introduction of more American capi tal Into that country. WILL NOT SHOW ITS BOOKS Traction Trust Denies Power of Utilities Commission. NEW YORK, Aug. 23. The Interbor ough Metropolitan Company' has refused to permit the accountants of the new Public Service Commission, to examine the company's books on the grounds that the company Is merely a holding concern and not within the commission's jurisdic tion. The matter will undoubtedly be tested in the courts. SUES HARVESTER TRUST Texas malms $1,100,000 for Viola tion of Anti-Trust Law. DALLAS. Tex.. Aug. 23. The Attorney General today began suit against the In ternational Harvester Company, alleging a violation of the Texas anti-trust law, and demands penalties of $1,100,000. Increase of California' Wealth; SACRAMENTO. Cal., Aug. 23. Accord ing to figures of the State Board of Equalization, the valuation of all prop erty in the slate is $1,879,642,779. Com plete returns from various county audi tors of the state, following a final ad justment of assessments by the boards of supervisors, show that the total valuation of personal property Increased $252,509,798 during the last year. The State Board of Equalization increased the railroad .assess ment $32,911,395, making the total Increase $2S5.411,193. This will allow the state a rate of 444 cents, 3.1 less than last year. Brazil Asserts Her Dignity. RIO JANEIRO, Aug. 23. The govern ment. In proposing reforms, recites Bra zil's position on the question of the or ganization of a permanent court of ar bitration at The Hague to be that Brazil contents herself with the existing Hagua court of arbitration, and will not figure In the international act, as. a power of the third class, wherein she is placed by the Anglo-American-German project for the establishment of the new permanent court. Brazil opposes any stipulations creating different degrees of sovereignty, which will humiliate some states at a profit to some others. Xew Pastor for Oregon City. CHICAGO, Aug. 23. A Des Moines, la., dispatch says that Rev. T. F. Bowen, rector of St. Mark's Episcopal Church, East Des .loines. will eave for Oregon City. Or., after 44 years of labor there. He has been a member of the Iowa dio cese IS years, serving in the parishes of Algoria, Spencer, Eethervine and other places. He goes to the Pacific Coast for the benefit of his wife's health, having declined calls to better fields In Ohio. Store Closes Satqrday at Six Do your shopping early In the day if possible. It Is better for you, easier on our clerks, and gives our delivery wagons a chance to get through earlier. Then, too. re member you aid the cause of shorter hours and better working conditions tor sales-people. Re member this, and do your shop ping at the daylight store. 5 (JO y -Waists wu Vii gerie bodices are trimmed with rich blind or open work embroidery, etc. The tailored waists are finished with tucks and pleats, almost severely plain, but so well cut that they're decidedly dressy. The black sateen waists are finished with lace medallions and embroidery. 500 shrewd women can today. Not one in the this small amount; all Smart Sailor Hats 50c $1.25 men's $i.2s Underwear 75c I : : A special sale of splendid Summer weight garments in white or cream lace lisle ; shirt and drawers,, well made and trimmed, and regularly worth 19 $1.25 the garment, today 75c Men's Soft Collars, neat collars in white, tan, blue or gray; splendid neckwear for Sum mer ; regular 25c value ; spe cial today, Two for 25c Boys' Waist Spec 9 Is 29c Several styles in Boys' Blcmse "Waists, white embroidered and plain white materials, in very good styles; for little fellows from 2 to 6 years of age. They 're' waists that sell regularly for $2.50, $2.25, $2.00, $1J5, $1.50, $1.25,' $1.00,. 75c and nn 65c ; your choice of a superb assortment today JZixC SEE WINDOW Women's Hose Fast color black lace lisle, in boot effects, excellent quality and assorted, patterns; regularly $3.00 for box ot half dozen; special to day's price, box $1.75 We sell the famous "Nazareth Waist " for boys and girls The Best Children's Shoe Store Start right now buying all your Children's Shoes here. Train your child's feet in the way they should grow. Teach them to walk in Olds, Wortman & King Shoes; their present and future comfort is. assured for them if you do so. The most complete line of Children's Shoes on the Pacific Coast on sale at this store. . The new School Shoes are ready, Come and see them Saturday. SENDS SOLDIERS TO DOES EFFECT OF ARMY CAXTEEX LAW OX ARMY POSTS. , Causes Saloons to Surround Them and Drives" Soldiers to Desertion by Wholesale. WASHINGTON. Aug. 18. That the, anti-canteen law is still spreading demor alization tn the Army by creating cess pools of vice in the vicinity of Federal forts is .again attested by Judge Advocate-General Porter in his annual report issued to the public today. He cites the number of desertions and courtsmartial f AGENTS FOR LADIES' HOME JOURNAL L FlFTHWASHiNGT0Nfr SIXTH STREETS with exquisitely beautiful lot but is worth double the price we ask; some worth three times sizes and dozens of styles worth to $3.00, your choice These Sailors come in rough or smooth braids, and the latest shapes, mostly black straws, with smart ribbon bands ; good assortment; up E? f from OUC Embroidered Duck Hats, in new mush room shapes, in three different styles; regular $1.25 values ; special y Q today, while they last JLjC Street Hats and dintrimmed shapes, tur bans and flat shapes, in horsehair and Tuscan braids ; worth . from 25c to $6 each; choice, today Men's Leather Belts in all sizes, ranging in price 50c, 75c, $1, $1.25- and $1.50 ; your" choice t7. &t . Half Price Men's Summer Underwear, with knee-length drawers and shirts with quarter-length sleeves. About six splendid lots; regularly priced. at 50c, 75c, $1.00 and $1.25; a chance to save on the very best sorts of men's underwear, for today TZ. . . Half Price Women's Vests High neck and long sleeves, in light weight cotton; full sized and very elastic ; just right for changeable weather; special value 25c In proof of his opinion. The total num ber of desertions during the fiscal year was 3913, including 32 officers, 23 of whom were convicted. Among the enlisted men by far the greater number of courtmartlal trials were on account f desertion, there being no less than 1101 cases, and 732 cases of absence without leave. Four j officers were dismissed by sentence, as against 14 last year. The report dwells upon the evil results follotflng the passage of the anti-canteen act. which, it is said,' "has undoubtedly caused the location near military reserva tions of resorts for the sale of intoxi cating liquors, which pander to the ap petites and passions of these enlisted men, who, largely, by reason of the pro hibition In question, frequent the same. These resorts are beyond the control ot the military authorities, and their pres ence Is highly detrimental to military dis cipline. "If legislation prohibiting saloons with in one and one-eighth miles of a military post (as was enacted by the Illinois Leg 3 owe d lace in Baby Irish, Valenciennes and Venise patterns, find a waist bargain beyond Belts Worth WOMEN'S FANCY WASH BELTS in white, pink and light blue, of embroidered, dotted or plain materials; splendid belts for morn ing wear or for use with Summer costumes; regular 35c and 50c values; special ;...18J Decorated China Half Price A-special closing-out sale of three open stock patterns in dec orated semi-porcelain at just half regular figures, and mind you, this is a sale on the sort of pretty chinaware you admire most. Good qualities and attractve designs and in pieces that you have constant use for. Read this list: Dinner Plates, regularly $1.13 for set of six, .special, today - C Tea Plates, regularly 72o for set of six, special Qir today OUC Pie Plates, regularly 59c for set of six, special, OQ, today : 7C Individual Vegetable Dishes, reg ularly 46c for set of O O six, special, today.... Berry Saucers, regularly 50c for set of six, special, )r today' 60t Open Vegetable Dishes, regularly 22c each, special, 11 today UC Covered Butter Dishes, regularly 90c each, special, Qfi today OlC Covered Vegetable Dishes, regu larly $1.20 each, Zf)r special, today Jlt islature last Winter) were followed in all states, the effect would undoubtedly be conducive 'to military discipline and re duce the number of courtmartlal trials for offenses due to drunkenness." Attention is called to the continuance of the practice of selling clothing Issued to enlisted men In spite of the efforts looking to its suppression, and It Is sug gested that the limit of punishment should be increased and provision made for taking up the uniform clothing of a soldier upon bis discharge at ' an ap praised value, thus emphasizing the fact that the War Department regards the uniform clothing Issued to a soldier for his use in the military service as the property of me United States in the same sense as his horse, arms or . accouter ments. Suit Between Goldfield Companies. GOL.DFI ELD, Nev., Aug. 23. The Florence Goldfleld Mining Company has filed an application In Judge , Mail Orders Carefully Filled Out-of-town customers should share with the residents of Port land tn the advantages offered by this perfect store. Satisfaction guaranteed on every mail order. Your money back If you are not satisfied. Orders filled with greatest promptness. Make this benefit you. SEE OUR WINDOWS An even half-thousand of the most dainty, de li gh tful, desirable waists for women pos sible to produce. They come in very fetching lingerie models, or in the more plain tailored styles. The materials are white lawn and black sateen. The lin- compare ! $1.19 today to $2.50 48c A gigantic sale of "Wom en's Silk Belts; a mon strous assortment of tremendous values. The designs include plain black belts, finished with rich buckles ; belts of fancy colored silk, some with leather trimmings, some with metal trimmings; a gathering of the sea son's best belt novel ties and staples; a large purchase that we secured at much less than the usual price; regular 75c, $1.00 and $2.50 values, AO today HOC Gravy Boats, regularly 1 Q 33c each, special today -OC Breakfast Plates, regularly 83o for set of six, special, A O today rfC Cream Pitchers, regularly 20c each, special, 1 today "C Covered Sugar Bowls, regularly 60 each, special, today OlC Blue Enameled Steel Range with high closet, regularly 'sold at $74, CCC Of) special today. pJJ.Uls Blue Enameled Steel Range, with high closet, regularly sold special today. $50.00 Blue Enameled Steel Range, with high closet, regularly sold at $28.50, 00 C( special today. Iangan's court for an Injunction agalnt the Little Florence Mining Company, asking that the defendants be restrained from working its lease. The plaintiff alleges that the leasing company has trespassed on the Flor ence ground beyond the lines of Its lease. The hearing- has been set for Saturday. Six-Story Cliff Abode. DENVER. Aug. 18. A. J. Flynn. vice president of the Denver Archaeological Society, has discovered in the cliff dweller region of Southwestern Colorado a palace of six stories in a good state of preserva tion. . It Is one of the largest and most perfect abodes yet found among these old ruins. It is constructed of blocks of stone more regularly cut than those found In the average cliff dwellings. It is built in a picturesque spot, and when the tree growth has been cut away It will com mand a view of the entire canyon.