VOL. XLVI. XO. 14,618. PORTLAND, OKEGON, TUESDAY, OCTOBER 15, 1907. PRICE FIVE CENTS. BUTTLE BEGUN TO CRUSH HARRIMAN Fish Enjoins Enemy's ' Voting of Stock. SAYS CONTROL IS ILLEGAL Result May Break Up Whole Harriman Merger. ROOSEVELT IS INTERESTED Taken Into Fish's Confidence About Plans, He Sees Possibility of Dissolving Railroad Trusts. Each Party Claims Majority. CHICAGO. Oct. 14. (Special.) What promises to be one of the great est legal battles in history for the pos session of a railroad property was be gun today, when Judge Farlin Q. Ball, of the Superior Court. Issued an ex parte injunction restraining Edward H. Harriman and his associates from voting 286,731 shares of stock at the annual meeting of the Illinois Central Railroad Company, which is scheduled to take place Wednesday. In this battle of millions against mil lions, of Independent ownership against corporate aggrandisement, Stuyvcsant Fish, ex-president of the Illinois Central, has associated with himself ex-Senator Edmunds, of Ver mont; John A. Kasson,- of Iowa, ei Mlnlster to Austria, and William M. Merlch, of Chicago. The restraining order runs against Mr. Harriman, Henry H. Rogers, of Standard OH fame; the Mutual Life Insurance Company, of New York, and more than 100 other lesser defendants, and the court Is asked to compel them later to dispose of their stocks in the Central. To meet the attack which has been made upon him, Mr. Harriman is hast ening to Chicago on a fast train and will arrive here in the morning to take charge of his forces. May Break Up Many Mergers. The battle is to be to a finish, with the Standard Oil Company and the moneyed power of Wall street in the background giving aid to Harriman and. with the shadow at least, of the President of the United States and of the Interstate Commerce Commission sustaining Mr. Fish. In the outcome may even be read the fate of the gigantic railway fabric of over 23,000 miles of railroads which the "wizard" of Wall street and the "Napoleon" of the railway world has built up in the alleged effort to control the commerce of the United States, and in so doing to strangle competition and cast it from the world of transportation. In the sequel, too, may be read the fate cf the administration's attack upon railway consolidation in the form it has taken, for in the hands of the court has been placed the question of public policy which underlies all rail way consolidation. Should, therefore. Mr. Fish succeed in wresting the Illi nois Central from the control of Mr. Harriman, he would at the same time open the door to independent owner ship of every railway corporation In the State of Illinois, if not in the country. Roosevelt in Fish's Confidence. The importance and far-reachin& ef$"ct of the litigation cannot be overestimated. It is no longer an open eecret that in the several conferences which he has re-v cently held with President Roosevelt, Mr. Fish went over the details of his cam palKn to make Mr. Harriman and the Standard Oil Company disgorge, not only the Illinois Central control, but their con trol in Influence, if not in stock, of the St. Paul, the Northwestern, the Balti more & Ohio, the Santa Fe. the St. Joseph & Grand Island, and possibly of the New Tork Central lines. The stock which the Harriman contin gent has been restrained from voting is nearly one-third of the entire issue, which la 960,400 shares, and it is owned as fol lows: On hundred and eighty-six thou sand tms" hundred and thirty-one shares, bought by the Union Pacific. Messrs. Har riman, Rogers. Stlllman and Kuhn. Loeb & Co.. in July. 1908; 95.000 shares, belong ing to the Railroad Securities Company, and 5300 shares owned by the Mutual Life Insurance Company. Trie restraining order was issued upon the presentation of a bond for $10,000 eigned by Henry V". Le man, one of Mr. Fish's attorneys. Result Depends on Proxies. The Harriman forces will not have time to argue a motion for the dissolution of the injunction before the annual meeting date. Should the Harriman people have 15 or a larger per cent of the stock re maining after the 30 per cent which has been enjoined Is taken away, they un doubtedly will hold the annual meeting on schedule time. Should Mr. Fish, on the other hand, have more than 36 per cent of the capital stock, it is possible for htm to prevent a postponement of the meet ing and to elect four directors on the board. It therefore depends upon the number of stock proxies which are held by each aide what Is done during the next two days. If Mr. Fish sees fit to try to force a postponement of the annual meeting. It Is probable that the Harriman forces will go Into court and ask for an order requiring Illinois Central affairs to remain in statu quo until the questions at issue in the Injunction suit are determined. PREVENT HARRI MAX'S VOTIXG Pish Gets Injunction, Alleging Con spiracy and Illegal Contract. CHICAGO, Oct. 14. Stuyvesant Fish, through his attorneys, today secured a temporary injunction which will. If made permanent, restrain the voting at the Illinois Central meeting on Wednesday of 286,731 shares of the stock of the Illi nois Central Railroad Company which would otherwise be voted in the interest of E. H. Harriman. The writ is directed against the Union Pacific Railway Com pany, the Railroad Securities Company of New Jersey and the Mutual Life Insur ance Company of New York, which com bined hold the above shares of stock. In addition to the temporary injunc tion sought, a final decree was asked de claring that the Union Pacific Railroad Company and the Railroad Securities Company have no power, under the laws of Illinois, to own stock in the Illinois Central. It was also asked that these companies be directed to sell their stock in the Illinois Central within a reason able time. Harrlman's Control Unlawful. The petition charges an unlawful scheme of the Union Pacific Railway Company to control the commerce of the United States by buying large blocks of stock in the prominent transportation companies. It sets forth the names of corporations whose stock, it Is alleged, the Union Pacific has bought, among them the Chicago & Alton, Illinois Cen tral,- Chicago Milwaukee & St. Paul and the Chicago & Northwestern. It charges that these four ' companies own and operate parallel and competing lines, both in and outside of the State of Illinois, and that it is unlawful for the Union Pa cific Company to own and vote stock In such parallel and competing lines. It is further charged that in the effort to get a large percentage of the stock of the Illinois Central, the Union Pa cific violated its charter by buying the stock of the Railroad Securities Company of New Jersey, which held .as its only asset 95,000 shares of Illinois Central stock. The charge is made that 15,000 shares of Illinois Central stock belonging to the Railroad Securities Company were transferred a few days before the Illinois Central books closed by a sham transac tion to B. H. Harriman and 18 officials of the Union Pacific and Illinois Central, who are under the control of Mr. Harri man. The bill declares that Messrs. Peabody, Auchencloss and Vanderbllt, directors of the Illinois Central, are trustees of the Mutual Life Insurance Company, of New York, and have combined and conspired with K. H. Harriman and the Union Pa cific Railroad Company to aid the Union Pacific in getting control of the Illinois Central, and to that end. It is declared. they propose to vote the 5500 shares of stock owned by the insurance company at the coming election. It is alleged that the Insurance company, under the laws of Illinois, cannot vote stock In the Illinois Central. It is set forth in the petition that the object and purpose of the Union Pacific Is to perfect and perpetuate its control of the directory of the Illinois Central, ' in which by law all corporate powers of the Illinois Central are vested, so as to have the Illinois Central operated to its Irreparable injury and damage as a mere feeder to the Union Pacific through its connections at Council Bluffs, la., and at New Orleans, by means of the Southern Pacific Company, which the petition de clares the Union Pacific controls abso lutely. It is alleged that, under the laws and public policy of Illinois, neither the Union Pacific nor the Railroad Securities Company nor the Mutual Life Insurance Company can own and vote stock in the Illinois Central. Harrlman's Move Today. It is believed that the attorneys for Mr. Harriman will tomorrow seek the dissolu tion of the injunction, and it is not possi ble to state at the present time whether the argument will be completed in time to allow Judge Ball to make a decision before the day of the annual meeting. Mr. Fish said today, after the granting of the temporary injunction: "I have all along been satisfied with the manner in which things were moving. I have never been obliged to seek proxies by claiming a majority, and I shall not do so now. No one can foretell the issue of a contest which is still in the future. The, stockholders at home and in Europe are fully alive to the Issue and are send ing their proxies by the hundreds. I have every confidence in the outcome of the proceedings relating to the Injunction." Says Fish Is Beaten. William Nelson Cromwell, representing the interests of Mr. Harriman in the Illinois Central, said tonight: . I am not at liberty upon the eve of the annual meeting to dt?alose the condition of the proxy holding Tut I make myself personally responsible for the statement that Mr. Fish has been hopelessly beaten. His appeal tu the stockholders has resulted In more than a majority of them declaring' that they want no more of him, and as a last resort In the hour of his disappoint ment he seeks to prevent one-fourth of the stock from being voted because he knows that it will be voted against him. More over, he stultified his own record because he has in the past voted a considerable portion of this same stock for his own lection. He considered it valid to do sj when he could vote It for himself. Wo have no fear as to the outcome of the fight. GOOD SPORT AT BEAR LAKE President Abandons Intention of Moving to Tensas. STAMBOUU La., Oct. 14. Reports from the President's new camp on Bear Lake say that, owing to the excellent outlook there, the President has decided definitely to retlrn to the present location and not to go to Tensas, as was planned last week. The President spent yesterday in ease around the camp. He will come into Stamboul next Sunday, before staring Monday on his return to Washington. Four Surrender at New York. NEW YORK. Oct. 14. Superintendent Brooks of the Western Union said that four of the company's former teleg raphers applied for reinstatement today. LITTLE BOB" MAY BE" LEFT IH COLO National Committes's Cunning Move. DOES NOT LOVE LA FOLLETTE May Force Election of Dele gates by Convention. IGNORE DIRECT PRIMARY Result Might Be Exclusion of Sen ator From National Convention, Owing to Bitter Factional War In Wisconsin. WASHINGTON. Oct. 14. (Special.) There is a chance, not so extremely re mote, that Senator La Follette, of Wis consin, an avowed candidate for the Presidential nomination, may have to fight for admission to the Republican National convention next Summer. Con fronted by the same conditions he went up against in 1904, there is again the possibility that he may have to rely on his individual battle outside the National party breastworks. Recognize Xo Direct Primary. Incident to the gathering of Republican leaders here this week for the purpose of arranging the preliminaries for the National committee meeting in Decem ber, some significant facts relating to the calls for National conventions have been unearthed. Unless the executive com mittee of the National committee, which will issue the call for the 190S conven tion after the time and place have been set by the full committee, breaks Ull precedents, the call will provide specifi cally for the election of delegates at large from all the states and territories by conventions, taking no cognizance of the direct primary system prevailing in Wisconsin, under which Mr. La Follette's friends would expect him to be elected a delegate at large from the Badger State and to head the Wisconsin dele gation, i Political conventions are a thing of the past with Wisconsin Republicans, under the direct primary scheme which Mr. La Follette forced through during his term as Governor. Delegates to National con ventions are to be chosen as candidates for state officers are nominated, by di rect vote of the people. The state law and political organization regulations, however, have no influence upon the Na tional committee. This committee is all powerful in prescribing how the mem bership of the party convention shall be selected. Might Lose in Convention. There Is a feeling that, while Mr. La Follette might be certain to pull down one of the four delegateships at large at a direct primary, he might fall by the wayside through the holding of a party convention, which might choose a com plete delegation . favorable to some other person as a candidate for President and THE KIND OF HOMAGE PORTLAND 1VILI. TODAY PAY THE QUEEN OF BEAUTY. ................... ...... ............................ instruct the members accordingly.' It will be recalled that three years ago the factional split in Wisconsin resulted in dual state conventions and the election of rival delegations to the National con vention at Chicago. The Republican Na tional committee. In making up the tem porary roll of the National convention. threw out the La Follette delegates and unanimously seated the stalwart delega tion, headed by Senator Spooner. The National committee of today Is no more inclined to idolize Mr. La Follette than was the case in 1904. when he prac tically was without a friend in the whole outfit- PASS BY SEATTLE AXD DENVER Republican Committee Wants City Nearer Center of Country. OREGON'IAN NEWS BUREAU, Wash ington, Oct. 14. Although Seattie and Denver are struggling for the i.ext Re- gW M 'MSI1 W 'HQS tfU WV ji JflTjS'Sfeg r 4 Senator Robert 31. La. follette May Again Be Shut Out of Republican National Convention. publican National Convention it la lnti' mated by officials of the Republican Na tional Committee that neither of these cities will be favored. The principal objection to Seattle, it is said, is its distance from the center of population, and Eastern and Southern delegates, who will -overwhelm the committee, will op pose going so far West. The same objection is raised to Denver, though not so strongly. Committee offi cials believe ithat some more central city will, be chosen, one that has adequate seating capacity in an auditorium and one with sufficient hotel capacity to handle the crowds. Lack of hotel facili ties is a forcible argument against Seat tle. It is believed likely the convention will be held in Chicago or St. Louis, though the determination will not be made until the National Committee meets here in December. . SUSPECTS ARE RELEASED Federation Men Held on Conspiracy to Murder Turned Loose. SALT LAKE, Utah, Oct. 14. A special to the Herald from Goldfield, Nev., says that upon motion of the District Attor ney. Judge Langan today dismissed the cases against Vincent St. John and other members of the Western Federation of Miners accused of conspiracy to murder Suva the restaurant keeper. Two men, Preston and Smith, are now serving five and ten-year lerms respec tively in the penitentiary for murdtsr. The District Attorney said in making hts motion to dismiss tmtt some of the wit nesses were out of the state and that the state could not hope to convict on tne evidence at hand. St. John has been out on bail. t. i 4. ANOTHER INSULT TO Drunken Man Falls Into Laundry. JAPANESE RISE TO OCCASION Dozen of Them Do Battle With Rescuing Mob. ONE GETS HEAD CRACKED Lone Policeman Attacks Mob, but Reinforcements Come In Time. Cause of the Riot Calmly Sleeps Through, It All. SAN FRANCISCO, Oct. 14. As a result of an attack upon a Japanese laundry to night, the proprietor and one of his em ployes are in the emergency hospital, many whites are nursing bruises caused by the clubs of the police, and the ex terior of the laundry is a wreck. The trouble was occasioned by Joseph King, an intoxicated logger, who crashed into the window of the laundry conducted by T. Umkekeubo, at 422 Fell street. The proprietor and H. Omura rushed out and dragged King into a rear room, where he was placed in charge of a young Jap anese, who stood guard, armed with a section of gaspipe, while the other Japan ese hurried to summon the police to ar rest King. Three intoxicated companions of King witnessed the Incident, and they planned to rescue their friend. Other whites were called on and there followed a combined attack on the laundry. The street was soon filled by a large crowd, and a dozen Japanese on the inside sought to repel the invaders. Policeman Thomas Collier was soon on the scene and attacked the crowd single-handed. Another officer soon arrived In an automobile and the riot call, which was sounded, brought strong reinforcements. The police charged the crowd with clubs and many were hit. Umkekeubo and Omura were convoyed to the hospital, where it was found the former was badly cut about . the head, while Omura sustained a fracture of the shoulder. King was found asleep In the rear room, innocent of the trouble he had caused. Mr. Walker, attorney of the Japa nese Society of America, tonight was securing evidence of tne affair. FINDING BASIS FOR RATES State Commission Will Seek to Squeeze Water From C. & E. Stock. SALEM, Or., Oct. 14. (Special.) To form a basis for reasonable freight and pas senger rates on the Corvallis & Eastern, the Oregon Railroad Commission began an Investigation today. Not much prog- UD NIPPON ress was made for the reason that the three witnesses who were heard. Superin tendent G. F. Kevins, former vice-president. J. K. Weatherford. and former secretary, J. A. Shaw, are not familiar with the history and records of the cor porations that have at one time and an other owned the line from Yaquina to De troit. Enough has been brought to light, however, to show that the patrons of the Corvallis & Eastern are expected to pay large profits on a property that has ap parently been made subject of transac tions of a nature commonly called high finance. The Commission has records showing that in 1904 this road, then owned by the Oregon Pacific Railroad Company, was sold at Sheriff's sale to Hammond & Bon ner for $100,000. The sale Included river steamers, tugs, ocean steamers and equip ment which were later sold by Hammond & Bonner for about the sum they paid for the entire property. In 1895, the Ore gon Central & Eastern Railroad Company was organized by Hammond & Bonner and the property transferred to that con cern. In 1898 the Corvallis & Eastern was organized and the road taken over by the new company. This company is capitalized at J2.5O0.000. and is bonded to the amount of J2.115.000. What the rail road Commission is now endeavoring to find out is whether this capital stock and bonds represent value of property or whether they are largely paper values upon which shippers must pay Interest ana dividends. The hearing was contin ued until October 29, when witnesses who have personal knowledge of the history of tno property will be present. LOSES RIGHT TB APPEAL XOTHIXG CAX NOW SAVE SCHMITZ FROM PRISON". Blunder of Lawyer Forfeits Privi lege and Vain Effort at Cor rection Is Thwarted. SAN FRANCISCO, Oct. 14. According to the District Attorney's office, Eugene E. Schmltz, ex-Mayor of San i rancisco, but now a convict, has lost the right of appeal to a higher court through blunder of his attorney, Charles H. Fair all, and must go to the 1-enitentlary forthwith. Moreover, the charge is made that af ter Mr. Fairall discovered his mistake, he sought and procured a change in the record of the transcript of appeal to cover his own error. These changes in ink occur In the printed volume and the prosecution refused to accept service. JURORS TO TRY FORD AGAIN Special Panel in Court and Trial Begins Thursday. SAN FRANCISCO, Oct. 14. The 300 talesmen for the formation of the regu lar jury panel, from which shall be se lected the juries to try various of the public-service corporation officials charged with bribery and under ar raignment in Judge Lawlor's depart ment of the Superior Court, were brought into court this afternoon by the Sheriff. The next of the bribery graft cases to be tried, that of Tirey L. Ford, general counsel for the United Railroads, accused by the grand jury of bribing Supervisors, is on the cal endar for commencement next Thurs day. The bribery cases against Louis Glass, Eugene E. Schmltz, Abraham Ruef, Patrick Calhoun, Thornwell Mui- lally, Tlrey L. Ford and William M. Ab bott were before Judge Lawlor today and were continued until next Thurs day. James Robleon, specially engaged in the preparation of the appeal of Louis Glass on his conviction of bribery, pre sented a voluminous bill of exceptions. unis, the court said, would be taken up tor settlement next Saturday. CONTENTS TODAY'S PAPER The Weather. YESTERDAY'S Maximum temperature, 64 degrees; minimum, oz degreea. TODAY'S Pair; northeast wind. Foreign. Francis Joseph's condition . Improves and doctors hope for recovery. Page 2. Mulai Haflg sains strength in Morocco and raids Mazagan. Page 2. National. Government has evidence to prosecute Southern Faciflc and Harriman for re bating. Page 3. Politics. Rules cf Republican National Committee ' may exclude La Follette from conven tion. Page 1. No chance for Seattle or Denver to can ture National Republican Convention Page 1. Domes tie. Standard Oil official admits company docs business under assumed names. Page 4. Pennsylvania preacher proposes hanging for assailants of women and for heretics. Page 2. Fislt gets injunction against voting of Har riman stock In Illinois Central and whole Harriman system Is at stake. Page 1. New York traction magnates hold secret conference on exposure of wrecking methods, page 4. Sport. All Sweden takes hand In raising funds to bona cup challenger, page 7. Pacific Coast. Drunken logger in San Francisco causes anti-Japanese riot. Page 1. Chepherd mortally wounded on range near Durkee, or. Page 3. Fatal shooting affair grows out- of San Francisco car strike. Page 4. Baker City churches demand that saloon ana gambling laws be enforced. Page 1. Eugene votes municipal ownership of water system by large majority. Page 4. Warrants out for ealoonkeepers who sold Canby boys liquor. Page 6- Commercial and Marine. Local wheat market higher and flour and feed to advance. Page 15. Wide fluctuations in Chicago's grain mar kets. Page 13. Good support given the stock market. Page 15. Fine of gasoline launch operator who dis obeyed rules of the road is reduced by Department of Commerce and Labor. Page 14. Portland said Vicinity. W. A. Warden commits suicide to cure whisky habit. Page 10. ' ' Net draws closer around Coon counterfeit ing gang. Page 10. State Board of Horticulture meets. Page 11. Whirlwind canvass for Rose Festival will be made today. Page 10. Council- committee votes to revoke market block franchise. Page 14. CHURCHESTQ WAG E ON GAMBLERS Begin Campaign to Put Lid Over Baker City. MAYOR MUST ENFORCE LAW Proposed to Depose Officials Who Fail to Do Their "'uty. MAKE ALL NAMES' PUBLIC Every Citizen Will Be Listed For or Against Closed Town- Kov. Sir. Varney, or BaptUt Church, ' Lender in the Fight. BAKER CITY, Or., Oct. 14. (Special.) The first shot in the campaign to put the lid on in Baker City has been fired, and those who have taken the matter up de clare they will not rest until they have run every gambling house out of Baker City and forced the saloons to observe the law regarding ' Sunday closing and the admittance of women and minors to the barroom. At the Sunday evening services in the Methodist, First Baptist and Second Bap tist churches the question as to whether or not the state laws and city ordinances should be enforced In Baker City was discussed. At the First Baptist Church Rev. Mr. Varney said that a delegation of the ministers had waited upon Mayor JohnB and asked him to enforce the laws against the gamblers and saloonmen, but that Johns had said he had no power to enforce the state laws. Johns, how ever, replied that if It was the wish of a majority of the people that the laws be enforced, he would take it upon him self to enforce them. To Put Each Citizen on Record. Mayor Johns, said Mr. Varney, then made the ministers the following prop osition: At the coming city election, No vember 4, four Councilmen are to retire and new men chosen to fill their seats. If It is the desire of the people to have the lid on in this city, let them put up candidates who favor a closed town and elect them, then Mayor Johns would see that Baker City became a closed town. The ministers refused to accept this proposition, believing It would meet de feat at the polls. The ministers propose to make a thorough canvass of the business men and other citizens. It is proposed fur ther to make public the names of ail " citizens and how each stands in regard to an open or a closed town. Open Town Evident to All. Bev. Mr. Varney called attention to the ordinance forbidding the keeping of hogs within Baker City and likened the gam blers and saloonmen to moral hogs, whose stench could be detected all over the Northwest. The assassination of a leading citizen has spread Baker's rep utation all over the United States and given it a name that it can never erad icate. That gambling Is openly carried on In Baker City is denied by no one. That women and minors are allowed to enter saloons is admitted by all. That the sa loons run wide open on Sunday cannot be denied. The chief difficulty has been to determine whose duty It is to enforce the laws, and Rev. Mr. Varney made , this point very plain. He furthermore stated that if the officials did not do their duty, charges would be filed with the Attorney-General to oust them from office. Gamblers Feared Brown. In connection with the gambling In Baker City, it has developed that the saloonmen and gamblers had more to fear from Harvey Brown after he left the Sheriff's office than while he was serving as an official of the county. It is said that Mr. Brown had gone to District Attorney Lomax and given him the necessary information to bring suit against the gamblers and close them up and requested the District Attorney to take such action, but Mr. Lomax, It is said, refused to do so, stating that It was not the wish of the majority of the people to put the lid on in Baker City. Brown, it is said, prepared and filed charges with Attorney-General Crawford in which he sought to oust Mayor Johns, District Attorney Lomax and Sheriff Rand from their respective offices, be cause they did not enforce the laws. LITTLE GOES TO CHARITY Kelson Morris Divides $20,000,000 Among His Family. CHICAGO, Oct. 14. The will of the late Nelson Morris was filed for pro bate today. The petition accompany ing the will estimates the estate at not to exceed $20,000,000. Of this amount more than $18,000,000 is tn personal property and the remainder in real estate. The bulk of the estate is left in trust to the executors for the various members of his family. The following bequests are made to charitable institutions: Hebrew Or phans' Asylum, Cleveland, $10,000; Jewish Orphan Asylum, Chicago, $10,000, and $5000 each to the follow ing Chicago Institutions: Home for Aged Jews, Visiting Nurses' Associa tion, Home for Incur bles. Home for Destitute Crippled Children, and Little Sisters of the Poor. Fifteen thousand dollars is set aside ior the endowment of beds In various hospitals for the benefit of the employees of Morris & Col