nu - i m it ill it Jii n i m w mr u mia m m m i i m io s h a a 1 VOL. XLVI.- yO. 14,616. PORTLAND, OREGON. SATURDAY, OCTOBER 12, 1907. PRICE FIVE CENTS. SANTA FE LIABLE TO SERIOUS FINE May Pay $1,2 50,000 for Rebating. GUILTY ON SIXTY-SIX COUNTS Judge Wellborn Lays Down Law on Subject. -i SWEEPS AWAY DEFENSE Concessions for Loss In Transporta tion Not Allowed Three More Indictments Against Harrlman tines for Rebating. MTTST CFT DOWN EXPENSES. BAN FRANCISCO. Oct. 11. Local officials. It la said, received tele graphic Instructions from President E. H. Harrlman, of the Southern Pacific, that they must without de lay, cut down expenses In every de partment under their control, on ac count of the stringency of the money market. Thirteen Western states and terri tories will be affected. It Is said no new work will be started and that there will be a bin reduction in the working force. 1,03 ANGELES, Cal., Oct 11. After being out 20 minutes the Jury In the case of the Government against the Santa Fe Railroad Company, on trial for rebating In the Federal Court here this afternoon, brought In a -verdict of guilty against the railroad on all of the 66 counts of the Indictment. Judge Well born will announce his decision next Monday. An estimate of the maximum penalty which may be imposed Is Jl 250,000. Th. charge against the Santa Fa was that It had granted rebates from Its reg ular tariff on shipments of lime by the Grand Canon Lime & Cement Company, of Arizona. The defense of the railroad company was that the rebates were 'concessions" made for alleged losses In the shipment during transit. The trial began on September 30. In his decision on the law points which arose during the trial. Judge Wellborn today laid down a point of law which Is held to be one of the most Important which had been enunciated since the In terstate Commerce Commission was In stituted. He said: "I hold that the acceptance by the de fendant of a less sura of money than that named In Its tariff for the trans portation of the property described In the indictment, if there has been such acceptance, was a departure from the legal rates and that It Is no justification for such departure, nor It is any defense to a prosecution thereof that the acts of the carrier were done in compromise of claims for loss of property in transit." HARRIMAX LINKS INDICTED Three More Charges or. Rebating on Matting From Japan. SAN FRANCISCO, Oct. 11. The Fed eral grand Jury today reported to Tnlted States District Judge DeHaven three indictments against the Southern Pacific Company and two against the Pacific Mail Steamship Company for carrying freight for less than the legal rate between Kobe, Japan, and various cities In the United States. The cargo consisted of matting. which was brought from Kobe to San Francisco In the Pacific Mall steamship Mongolia and thence to the East by the Southern Pacific and its connections. The In dictments are supplementary to those of a similar nature filed last week. SAME REDWED RATES IN 1908 Harrlman and Connecting Lines lilve Notice of Colonist Excursions. OMAHA, Neb.. Oct. 11. The Union Pacific and Southern Pacific lines In connection with the Chicago & North western. Chicago, Milwaukee & St. Paul and other transcontinental lines have given notice to the Transconti nental Association that they will con tinue colonist rate during the months of March and April, 190S, and on the same basis as the rates which were In effect during March. April, September and October, 1907. SALT LAKE. Utah, Oct. 11. Regarding the report from Chicago yesterday that at a meeting of passenger agents of a number of Western railroads it was prac tically decided to withdraw the homeseek er's low rates for the Winter and Spring, D. S. Spencer, assistant general passen ger agent of the Oregon Short Line, said that, as far aa the Oregon Short Line, the Union Pacific, the Southern Pacific and allied lines were concerned, the report was without foundation. CONTROL- IS NOT ADVISED Railroad Commissioners Say States Should Regulate Rates. WASHINGTON, Oct. ll.-After a four days' session, the nineteenth annual con vention of the "National Association of ntte -Railroad Commissioners- Adjourned late this afternoon. Next year's session will be held in this city. When the convention convened today for its final session the special committee on safety appliances recommended Con gressional legislation to compel railroads, both steam and electric, to protect their tracks by an automatic signal system and urged the several state Legislatures to enact laws along this line. Charles F. Staples. Commissioner of Minnesota, presented the report on "rates and rate-making." The report said: "The cases are rare where a railroad of any importance is not an intestate road. There have been many rate reductions in different states, followed by reductions on Interstate traffic, and. so for as we know, these have all been brought about by the affirmative action of the state authorities. Bo far as we are advised, we know of no general reduction due to any action by the Federal authorities. We belieye the best interests of the people would not be served by placing the entire responsibility for rate control on the Federal Government. We believe there should be a much closer re lationship between the Federal and Btate authorities than seems to exist at present : that in many matters a Btate commission should act as agent tor the Interstate Commerce Commission, to the advantage of both." TOO GREAT BURDEN FOR ROADS Commission Asked to Modify Rule for Posting of Tariffs. WASHINGTON, Oct. 11. In the matter of requirement of the Interstate Com merce Commission that the freight tariffs of the various railroads be posted con spicuously In all the stations in the United States, an Important hearing was held at the office of the Interstate Com merce Commission. It was the Intent of the Commission In framing this order to provide a practicable and efficient meth od of familiarizing shippers with railroad tariffs. At the hearing today practically all of the principal carriers of the country and many shippers' organizations were rep resented. The carriers representatives expressed their desire to do everything reasonable In the matter of furnishing the shippers their rates, but they pointed out that, if It were made necessary to fur nish at every station posted information concerning the rates to every possible point in the United States, It would be such a burden upon them as would be unreasonable and unfair. CLEAR CP CROWDED TRACKS Montana Coal Mines Close to Relieve Railroad Blockade. HELENA, Mont., Oct. 11. (Special.) The common carriers- and especially the Northern Pacific and the State Railroad Commission are making strenuous efforts to clarify the coal situation. In order to give the railroads an opportunity to clear up the Montana divisions, where there were hundreds of cars awaiting shipment to Montana, Washington and Oregon points, no more coal cars are being furnished the mining camps for the present and every mine In Carbon County has been closed. West of James town, N. D., no freight is being moved except livestock and perishable goods. The hope is entertained that In this manner the tracks may be cleared, when cars will again be furnished to the pro ducers. There seems less danger of a coal famine this Winter because every person who can secure the fuel is putting in a Winter supply. This causes the unpre cedented early demand. Enjoins Forfeiture of Charter. . KANSAS CITY. Oct. 11 Judge Smith McPherson, of Red Oak, la., in the Fed eral Court here today granted a tempo rary injunction restraining Secretary of State John Et Swager from attempting to forfeit the charter of the Chicago, Mil waukee & St. Paul Railway. The case grows out of a law passed by the last Legislature, which forbids railroad com panies transferring to the Federal Courts damage suits filed against theni in the state courts. MAGILL TRIAL IS OPENED Prosecution Alleges Strangling of Pet Maglll, Defense Is Suicide. DECATUR, 111., Oct. 11. Assistant State's Attorney Miller, of De Witt Coun ty, opened the trial of Fred and May Ma gill today. The prosecution will endeavor to prove that Fred Maglll murdered his first wife, Mrs. Pet Gandy Maglll, by strangling her after he had given her chloroform, and that his present wife, Mrs. Fay Graham Maglll, was an acces sory before the fact. Judge G. Klnham, of Clinton, stated the Magill ca.e for the defense. He admitted there had been close relatione between Fay Graham and the Magills. This was at the earnest request of . et Magill, the defense contending it was owing to the unfriendly feeling between Maglll' s rela tives that Pet Magill was driven to sui cide. Also it was these unfriendly rela tions that forced Pet Maglll to make an intimate of Fay Graham, for Pet had to go outside the Magill family to gather friends. After a brief statement by the lawyers for each side the Introduction of testi mony was begun. Wesley Davis, a ten ant on Maglll's farm, testified that he heard Magill say that "he felt a rope around his neck and he wanted to die." He also listened to Maglll read the let ters alleged to have been written by Mrs. Pet Magill. Mrs. Davis testified that she had asked Magill as to when his wife retired on the day of her death, and on being told at 11 o'clock, remarked that she must have kept busy writing letters from then until she had killed herself. Maglll's re sponse was that some of the letters were written a long time before his wife had killed herself. Maud Taylor, of Chicago, described a visit paid her last July by Fay Graham, now Mrs. Fred Maglll. The young woman talked freely of the Clinton affair and said whether Pet Magill had lived or died, made no dif ference because Fred had determined to get a divorce In order to marry her. Miss Nettle Carey, who went to the Magill home after the death of Mrs. Pet Magill to remain after the funeral, testified that she and Fay Graham slept together and that Fred Magill occu pied a bed pn the floor of the same room. She heard him say thatvhe had been watching Pet Maglll for some time to prevent her from committing suicide. Dr. Meyers, the principal witness for the state, admitted on cross-examination that he treated Mrs. Pet Maglll for heart diseaee and that a person with a weak heart would succumb to chloroform with less struggle than a healthy person. He was familiar with Pet Maglll's handwriting and be lieved that' the note pinned to her gown was genuine and also the letter that Fred, Magill had shown. The principal difference between her handwriting and that of Fred Maglll waa uniformly .Jxutlitt formation of letters, iter REPUBLICANS QUEERJGOWIPANY Parsons Forms Alliance , With Hearst. LOSES STRENGTH BY BARGAIN National Leaders Deplore Roosevelt's Absence. TAMMANY TICKET WEAK New York County Chairman Gives Independence League Six of . Eleven Places on Ticket and Risks His Political Life, WASHINGTON. Oct. 11. (Special.) Republican opinion at the National cap ital regarding the alliance effected be tween the New York County Republi can organization and the Hearst League last night epitomized, is that Theodore Roosevelt chose a mighty unfortunate time to go bear-hunting this year. Hjr- bert Parsons, that vaunted young polit ical Hercules who put the bosses In New York County to rout a year ago and brought leadership "of the Roosevelt type" into the party organization in the metropolis of the ' country. Is tonight ' a fallen idol, a grievous disappointment to those who pinned faith to high Ideals in political management and, more serious than all else from a practical standpoint, an abject blunderer. If Roosevelt Had Been There. It is declared that had the President been on guard Instead of cut off from the world In the canebrakes of Louisiana, It never would have happened. Or had an other distinguished and influential New Yorker and resident of the metropolis, Elihu Root, been nearer home than the Republic of Mexico, no such unseemly alliance would have been likely to take shape. Mr. Parsons, who engineered the Republican-Hearst county ticket deal, acted without advice from the New Yark end of the National Administration. Gov ernor Hughes kept hands oft completely. Everything rested with Mr. Parsons, and his action may cost him the leadership he now holds. Tammany Ticket Weak. Astute political observers who from years of study of New York conditions are as able to judge a situation as is Mr. Parsons, are pointing out that the Republicans would have stood a fine show of success this Fall with three tickets In the field. Tammany, to start with, day before yesterday nominated a county judicial and shrievalty ticket which, while In Its personnel Is not an affront to public decency. Is not re garded as exceptionally strong. It Is not a well-balanced ticket when the elements upon which Tammany relies for strength are taken into consideration. It docs not "' ' GOING S UIM.'.''JH...I.I.I MI.MI.MIJJI.M.IM-I. S . ... S . . . , m .... . f, ... , . . appeal to any foreign element except the Irish. " Lose More Than They Gain. " An Independence League ticket, stand ing alone, would not have commended anywhere near the strength that lthad when the unique personality . of Mr. Hearst as candidate for office was pre sented. All ie Republicans had to do to command thousands of votes outside the party. It Is declared, was to name a strong ticket. Thousands of Democrats who look upon the" Tammany ticket as one largely made up to please the Ryan Belmont Interests, which are decidedly unpopular at present, might have been attracted to the ticket under the Repub lican emblem. But the Republican or ganization, having failed to seize the opportunity, is likely to lose from its own ranks more than It will gain through alliance with the Hearst party, after letting the latter seize six of the eleven places on the ticket. Little Is known about the personalities of some of the candidates on the fusion ticket, even among politicians. One of the judicial nominees is known to be a lawyer of the labor agitator type, and one or two more candidates persons who have no popular following and have earned only a certain cheap notoriety as salaried adjuncts of the Hearst personal ma WORKS FOR OTHER SIDE Ex-Attorney-General of Montana Had Queer Legal Ethics. HELENA, Mont., Oct. 11. (Special.) By a decision of the Secretary of the Interior, the State of Montana Is the victor In prolonged litigation Involving the townsite of Cut Bank, a thriving village in Teton county. On this site the Great Northern has established its division headquarters between Havre and Whiteflsh, building roundhouses, machine shops and other necessary structures. The case Is not without Its sensa tional features, for, according to Attorney-General Albert J. Galen, his predecessor, James Donovan, before leaving office, while the legal repre sentative of the State, was simul taneously acting as counsel for those who contested its claim. The State selected the land as part of the grant to the several educational Institutions. Alfred E. Allison made a homestead entry. Then the contest began, and It has been bitterly con tested from the preliminary hearing at Cut Bank, through the land office at Great Falls, before the Commissioner of the General Land Office, and finally before the Secretary of the Interior. BRIGGS IS GOING INSANE Commander Who Kan Baltimore Ashore Makes Scene In Paris. PARIS, Oct. U. The strange actions of Commander John D. Briggs, U. S. N., retired, are causing alarm to his friends here. He . seems to be suffering from the persecution mania. This morning he created a scene at a prominent hotel, imagining that 600 people were pursuing him. The Navy Department at Washing ton has been notified and in the mean time Commander Briggs probably will be sent to an asylum. John Bradford Briggs was acquitted by court-martial at Manila, April 17, 1905, on the charge of running the United States cruiser Baltimore ashore in Ma lacca strait. September, 1904, with failure to report the accident to the commander-in-chief on the Asiatic station and with misrepresentations In regard to the amount- of damage done. Idaho Land Restored to Entry. OREGONIAN NEWS BUREAU, Wash ington, Oct- 11. The reclamation service finds It can not irrigate more land than was originally embraced In the Mindoka project, Idaho, so the Secretary of the Interior, has withdrawn from entry all Government land in section 1, T. 12, R. 22, and sections 3 to 10 inclusive in T. 2 S., R. 23 EL PUT MUCH MONEY IN SALTED MINE Greenoughs of Spo kane the Victims. DROP $200,000 IN WYOMING They Acknowledge Facts, but Deny Selling Stock. REJECTED LARGE OFFER Old Hands at Game Deceived by Favorable Reports of Mining En gineers Assays Suddenly Dwindle to Nothing. HELENA. Mont., Oct. 11. The Record today publishes a story to the effect that numerous Montana and Washington in vestors have been mulcted to the extent of more than a third of a million dol lars through the discovery that the Red Canyon placer mines, near Lander, Wyo., had been salted and that the property Is worthless. Thomas L. Greenough, of Missoula, and J. F. Greenough, of Spo kane, who were the prime movers In the organization, have notified all Investors that they will redeem all stock at the price paid, thus assuming the entire loss. The discovery that the property was salted was due to an Independent ex amination conducted by Speaker E W. King, of the Montana Legislature, and J. R. Nelll, of Spokane, v heavy pros pective investors, who conducted inde pendent Inspections, and found after removing a few Inches of tlrs shaft walls that the ground was valueless, as were the tailings, although all previ ous experiments showed values ranging from 2D cents to 9 a yard. A Chicago firm was so Impressed with the future of the property that It offered the-Greenoughs $2,500,000 for their Interest, but It was rejected. v Water not being available, work had been started from either end on a tunnel through a moun tain, so that the flow of the Popoagte River might be utilized. The discovery has created the biggest sensation In the history of Northwest mining. BUTTERS WILL LOSE $2 00,000 One of Greenough Syndicate Says Four Experts Reported Favorably. EL PASO, Texas, Oct. 11. A. E. Hosey, of Phoenix Ariz., one of the principal owners of the Wyoming placer mines re ferred to In the Helena. Mont., dispatch. In a. statement made here tonight said that the loss to be sustained following the discovery that the holdings had been salted would approximate $200,000. This amount, he said, would be shared by Thomas L. Greenough of Missoula and W. D. and J. B Greenough of Spokane, Wash., himself and J. H. Howard of Phoenix, Ariz. 1 Mr. Hosey declared that no stock had been sold and that the company promot ing the property had not been organized. It was to be known as the Red Canyon Mining Company and the offVers were to be composed of the owners named above. The entire loss would be made good by them. Mr. Hosey said that the owners sus pected several to be guilty of salting the mines, but declined to say who was sus pected. He declares that four well known experts had examined the prop erty and that each of the reports was flattering, showing that the mines would run from $1.04 to $1.45 per yard. He says that after a personal investigation Just made he is satisfied the properties will not run more than two cents a yard. HAVE NOT SOLD ANT STOCK Greenonghs Deny Victimizing In vestors, bnt Admit Salting. SPOKANE. Wash., Oct. 11. (Special.) "The sensational stories originating at Helena, Mont., coming from reports by Speaker E. W. King, of the Montana Legislature, regarding the supposed salt ing of the 22,000-acre placer ground re cently acquired by the Greenough In terests located near Lander, Wyo., have not a grain of truth In them," said Wilbur D. Greenough when seen tonight regarding the reported betrayal of Spo kane and Missoula men Into buying heavily of the stock In the Wyoming corporation, and the supposed salting of the placer ground before It was pur chased by the Greenough Interests. "Not one share of the stock In the Red Canyon placer mines has been sold or Issued to any one outside of the few original locators. The company has no outstanding holders, and, If the salting proves true, the Greenough Brothers and their associates alone will be the losers. We have spent approximately $100,000 In prospecting the property alone, aside from the original purchase price and the work already done." J. B. Greenough, when asked regarding the validity of the reports of salting the property, said: "I believe the stories told are the truth. Results and reports of assays of the ore found In the 42 wells and shafts were encouraging at first and stamped the property as the largest placer mine ever discovered. We have been unable to get assays and re ports of engineers of late to make show ings as large as the first taken. The supply of gold nuggets In the sand is for some reason rapidly diminishing. It can be attributed to the criminal salting of the property." GIVES ANOTHER $600,0011 ROCKEFELLER ADDS TO CHI CAGO UNIVERSITY RICHES. Harper Memorial Library Gets $350,000 Outright and Triple Other Gifts to Fund. CHICAGO. Oct- 11. (Special.) The Uni versity of Chicago authorities today an nounced a new gift of $350,000 from John D. Rockefeller and the promise of the founder to triple future donations to the William RaJney Harper Memorial Libra ry fund to the amount of $90,000, making the aggregate of his latest benefaction $600,000. The gift makes certain the completion of the library in honor of the late Univer sity president. The sum of $350,000 rep resents Mr. Rockefeller's addition to the $110,000 which already has been raised among friends of the University. . The oil king stipulates that bis offer to triple gifts will not continue after April 1, 1908 but he will triple all gifts not In excess of $90,000 up to that date. Mr. Rockefeller's new gift Increases the total amount he has given within the last two years to $6,517,000. University offi cials commented on the fact that Mr. Rockefeller's first gift to the school was $600,000, offered In 1889 on condition that $400,000 be raised within a year, a condi tion which was promptly met. CONTENTS TODAY'S PAPER The Weather. TESTERDATS Maximum temperature, 79 degrees; minimum. 52 degrees. TODAY'S Fair; northwest wind ' Foreign. Critical nlg-ht In Illness of Emperor Francis Joseph. Page 1. Politic. New York Republicans form alliance with Hearst on county ticket. Page 1. Domestic. Lusltanla given great reception on com pletlon of record-breaking trip. Page 3 Railroad managers decide to stand strike rather than make more concessions labor. Page 2. Rockefeller gives $600,000 more to Chicago University.- Page Helen Maloneys sister arrives In England to search for her. Page 3. Santa Ee Railroad convicted of rebating and 'liable to 31,250,000 fine. Page 1. More Indictments against Harrlman lines for rebalng. Page 1. Harrlman orders expenses cut on all lines. Page 1. Pacific Coast. Nejro bel lb oy at Los An ge 1 es accu sed of sending dynamite bombs to hotel pro prietress. Page 2. Greenough brothers, prominent mining men, buncoed with salted mine. Page 1. Thompson's acquittal in Condon arousna bitter feud. Page 6. Railroad laborers threaten trouble In Val dez because they get no pay. Page 4. Two proceedings attacking Joint wheat rate begun In courts of Washington. Page . Sports. Detroit beaten by Chicago In third cham pionship game. Page 7. Portland badly beaten by Los Angeles.. Page T. Commercial and Marine, Short crop sending up bean prices. Page IT. Wheat easss off at Chicago. Page 17. Demand for stocks Is paralyzed. Page 17.. Tonnage la In demand and rates are high; Auchencrag is chartered. Page 11. Portland and Vicinity. Four divorces granted' In State Circuit Court. Page 10. Unknown man killed by streetcar on Sell wood division. Page 10. Stationary Engineer's Union withdraws from Federated Trades Council. Page 9. Basis for Rose Festival contributions agreed on. Page 10. J. H. Williams. 75 years old, on trial for counterfeiting. Page 12, Presbyterians divided oVer election of synod- J loal missionary, page 13. LIFE IS HI 111 THE BALANCE Condition of Francis Joseph Serious. FEVER EXHAUSTS THE RULER Physicians Are Becoming More Anxious. NIGHT IS RATHER QUIET Sleep Broken Few Times by Cough ing Doctors and Nurses Doing All in rrhelr Power to Pre vent Further Complications. VIENNA, Oct. 11, Midnight. This night Is a critical one for Francis Joseph, aged Bmperor-Klng of Austria-Hungary. His Majesty's physicians are visibly be coming more anxious. The fever, which has lasted ten days, seems to have ex-" hausted the wonderfully trained system of the monarch. The doctors are doing everything In their power to prevent more serious co-i-pllcatlons. They say that everything de pends on how he passes the night. Emperor Francis Joseph passed a com paratively quiet night, his sleep being oe casslonally Interrupted by coughing. This morning his temperature Is lower than It was laat night. His Majesty rose at his usual time, drank a glass of champagne to stimulate his appetite, which Is stul poor, and asked for the state documents prepared for his perusal, after which ha began reading and signing paper- The doctors in attendance are hopeful, but say complete recovery Js not ex pected for a long time. They insist that the Emperor must remain at Schoerrbrun Castle the whole Winter, not going to Budapest, according to his usual custom. Late In the forenoon the Emperor ex pressed a wish to walk In the park, but his physicians declined to allow him to do so. EMPEROR MUST NOT TRAVEL Francis Joseph Is Better, but Re covery Will Be Slow. VIENNA, Oct. 1L Emperor Francis Joseph passed a comparatively quiet night, his sleep being occasionally in terrupted by coughing. This morning his temperature Is lower than It was last night. His majesty rose at his us ual time, drank a glass of champagne to stimulate his appetite, which Is still poor, and asked for the state documents prepared for his perusal, after which he began reading and signing papers. The doctors in attendance are hope ful, but say complete recovery Is not expected for a long time. They Insist that the Emperor must remain at Sehoen brunn Castle the whole Winter, not going to Budapest, according to his custom. Late In the forenoon the Em peror expressed a wish to walk In the park, but his physicians declined to al low him to do so. DUTCH TROOPS . MASSACRED Natives of Celebes Pounce on De tachment In Camp. VICTORIA, B. C., Oct. 11. Mall advices from Batavla report the ambuscade and massacre of two companies of Dutch troops by natives In the Celebes. Eleven men sent to secure a native chief were attacked - while In camp, some being at breakfast and others swimming, and they were butchered to a man. Lieuten ant Mathes, commanding the force, had gone with six men to the chiefs strons hold and returning Joined forces with Lieutenant Kies and IS men. The com pany had heard nothing of the slaugh ter of the other forces, apd when they were shifting camp they were set upon by a large force of blacks. Not one es caped. FRENCH MOB BEATS AUTOIS1 American Who Kills Boy Has Nar row Escape From Death. PARIS. Oct. 11. Charier P. Balrd, ol Philadelphia, son of Mrs. Baird, of the Baldwin Locomotive Works, was the American who last night ran down and killed a boy named Daipre at Neullly. After the accident Mr. Balrd narTowly es caped death at the hands of an angry crowd led by two Englishmen. He was beaten and twice kicked down before hs was rescued by the police. Through the Intervention of Consul-General Mason, Mr. Balrd waa released pending the result of the magistrate's Investigation. REBELLION IS NEAR COLLAPSE Moorish Pretender's Forces Desert and Peace Being Restored. WASHINGTON, Oct. 11. Private but authentic reports received In this city from Morocco Indicate an early col lapse of the rebellion against the Sul tan, headed by his brother, the " pre tender. Tranquillity Is being rapidly restored. Promote Colonies in Siberia. ST. PETERSBURG, Oct. 1L The Coun cil of Ministers today appropriated $9,500, 000 for colonization purposes In Siberia.