VOL. XLVI.-XO- 14,633. PORTLAND, OREGOX, THURSDAY. OCTOBER 31; 1907. PRICE FIVE CENTS. r LUMBERMEN V M THE FIRST ROUND Injunction Prayed For Is Granted, INCREASE IN RATES -ENJOINED Railroads Must Not Advance Lumber 10 Cents. . . BOND OF $250,000 FIXED Judge Wolverton, in Concurring, Says He Is Satisfied About Jur isdiction and Bases Decision on the Yellow Pine Case. SEATTL.K. Wash., Oct. 30. (Specials Federal Judge Hanford' tonight, at a spe cial session of court, granted the In- Junction prayed for by the Washington and Oregon Lumbermen's associations to prevent the roads of the Harrlman sys tem, the Burlington, Northern Pacific and Great Northern railroads from plac ing In effect the new rate on lumber, which was to have become effective No vember 1. This rate was SO cents, as againBt the present rate of 40 cents from the Sound and Western Oregon points to St. Paul, and the lumbermen feel that . they have gained one of the greatest victories of the long fight against the railroads. In concurring. Federal Judge Wolvefr ton, of Oregon, practically decided the Oregon case of like nature, which comes up tomorrow in that state. Judge Wolvorton said in effect as fol lows: Judge Wolverton's Opinion. "As far as the Oregon case Is con cerned, I concur In all that has been said by Judge Hanford. I was at first Impressed with regard to the Oregon case, where Oregon parties are suing Oregon parties, that for a Federal question to be Involved It must arise through a construction of the consti tution and the statute, but I feel in clined to the view at this time that where a Federal statute Is Invoked, that does raise a Federal question, re lying upon the 166 U. 8. Statutes, which has been re-)d, or an excerpt therefrom.' "The prime matter which moves me, as well as Judge Hanford, in this case to grant the Injunction Is that a rate has been in vogue for a long time since 1893 and that rate seems to have been such as has been remunerative to the roads, so far as the showing goes here, and under the decision of the Interstate Commerce Commission in the Central Yellow Pine Association case, they hold directly upon that matter. Same Order for Oregon Case. "I only say this, anticipating what I shall do tomorrow, when I arrive home, in the Oregon case. I shall make the same order In that case, as Is made in this case, and I presume the bond will be the same, as t suppose the amount in volved Is about the same as Involved here." Judge Hanford dealt with the various objootlons Interposed by the railroad at torneys and held that some of them were matter for grave consideration, but he further held that the present rate had been in effect for several years, and that he preferred to place the burden upon the parties defendant rather than the parties plaintiff. He directed that the order be presented to him for signature tomorrow morning, at s o clock, ana fixed the bond at $250,000 to protect the railroads in case the Interstate Commerce Commission takes action in their favor. Urges Others to Intervene. When Judge Hanford concluded, F. O. Dlllare, special Interstate commission lawyer for the Harrlman Roads, asked If the, roads would be punished if-they en forced the rate on lumbe concerns not parties defendant to the action. The re ply was in effect that they, would not. and tonight the lumbermen are telegraph, lng every lumber company not a party t the action advising that they order their lawyers to file suit in Intervention early tomorrow morning. CHARGE RATES; NOT COLLECT Pending End of Suit, Proposed Ad vance Virtually in Effect. SEATTLE, Wash.,- Oct. 30. Federal Judges C. E. Wolverton and C. H. Han ford late tonight, at the conclusion of the hearing of the petition of the Pacific Coast Lumber Manufacturers' Associ ation for an 'order temporarily restraining the Northern Paclflo Railway and other railroads from putting Into effect on Fri day the proposed Increase In Bast-bound rates on lumber at 10 cents per hundred pounds, making the rate 50 cents instead of 40 cents, granted the injunction asked for against the railroads pending the final determination of the Justice of ' the new rates by the Interstate Commerce Com mission. The court held that it had Jurisdiction and ordered that the Injunction be ef fective only against the railroads which are made defendants In the suit. It held further that. In order that, the railroads might not be subject to penalties, they should be allowed to charge the proposed rates, but not to collect them pending the determination of the suit. The decree was granted on the condition that the com plainant lumber companies file the usual Injunction bond to be approved by the court. Judge Hanford's decision applied to the Washington and Oregon cases, are the verton to the cases pending in Oregon. The lumbermen are required to. pay any difference between the existing rate and the proposed rate which shall be adjudged to be the final rate. The bond was fixed at2SO.O0O. The railroads concerned solely In this restraining order, applicable to both Washington dOregon cases, are the Northern Pacific, the Great Northern, Chicago, Burlington- & Qulncy, the Union Pacific, Oregon Railroad & Navi gation Company and the Oregon Short Line. Lumber firms which are not al ready parties to the suit will be al- r i- if f , J t ? Ignited States Jadore Ccrnellns H. Hanford, Who Joined With Judge C. B. Wolverton In Granting: In junction Asratnst Increase In Lum ber Bate. lowed to enter as Intervening com plainants' tomorrow. The railroad lawyers suggested that the bond be fixed at $1,000,000, but the court deemed that amount unreason able. MILLS , HAVE TO CLOSE BOW Polk County Affected by Raise in Rates and Car Shortage. DALLAS, Or., Oct. 30. (Special.) The sawmill of the Dallas Lumber Company has been shut down. . in definitely, and the logging crews called in frcm the timber. , The Willamette Valley Lumber Company's big milt Is running only a part of the time with a short crew, and the mill of the Falls City Lumber Company has been closed for tho Winter. The lack of cars and the sharp ad vance In freight rates are the primary causes of the situation and unless relief is found the mills .throughout Polk County will probably be forced to close. Say No Discrimination. SAN FRANCISCO, Oct. 30. The man agement of the Southern Pacific denied emphatically today that Oregon shippers were being favored In the matter of car supplies as against California shippers because of. recent reciprocal demurrage legislation In Oregon. CONTENTS TODAY'S PAPER The Weather. YKSTERDAT'B Maxumum temperature degrees; minimum, 48 degrees. TODAY'S Rain; southerly winds. Financial Situation. New Tork banks approach normal status. Page 1. Cheap stocks attract swarm of small v storm. Page 4. Government offers facilities for issue mors NSflonal back noteaPage' 4. ' Bank closes at San Francisco owing to lack of clearing-house support. Page 4. Ntw- Orleans cotton men seek prompt pay ment for cotton crop. Page 1. Run on small Pittsburg bank. Page 4. pavings depositors in Chicago recall notice of withdrawal. Page 4. November dividends and Interests will aggre gate $08,000,000. Page 1. Foreign. Landslide, caused by earthquake, buries Whole town In Turkestan, killing 1500 persona Page 1. Crew of Russian destroyer mutinies and attacks Vladivostok; all killed or cap- turea. Fags 8. National. Acting Secretary Oliver orders Improvement In condition of soldiers. Page 5. Taft will hasten departure from Manila to meet Kaiser in Berlin. Page 8. Politics. President Qompers organizes unions to fight Cannon's re-election as Speaker. Page B. Domestic. uainman to divide 13OO.OOO.O00 melon among Union Paclnc stockholders. Page 4. New York police seek Raymond Hitchcock on nix cnarges or. assaulting girlai x'j&gv o. Sports. t-orimno. snut out try lxs Angeles. Page 1. Pacific Coast League retains class A stand ing, rage 7. Portland Academy' beats East School. 10 to 0. Page 12. Slde Commercial and Marine. Local butter market to decline. Page 17. Wheat? strong and higher at Chicago. Fags IT. Stock market becomes buoyant In Page 17. . Four iraln charters were reported yesterday. Three round-trlppers in cement. Page 16. , Pacific Coast. Stormy scene In court at Ford trial. Page B. Injunction granted restraining railroads from putting into effect proposed increase In lumber rates. Page 1. . Rev. Dr. 1. D. Driver, pioneer Methodist minister, dies at Tangent, Or. Page l. Governor can find no way of revoking holi day proclaimed. Page 6. Ex-President Sam Small to be expelled from his local union at Seattle. Page e. Portland and Vicinity, Banks resume business as usual; no symp toms of panic. .Page 11. Harrlman lines suspend construction work in Oregon. Page 10. Southern Pacific offers compromise in "street trespass case. Page 10. Blind woman beaten and robbed by man she had befriended. Page 10. County Judge Webster neglects duties of office to attend to private business. Pace 11- DR. 1. 0. DRIVER'S LIFE IS ENDED Aged Methodist Divine Dies at Tangent. CAREER IS LONG AND USEFUL Preacher Just Half-Century and in Eighty-fourth Year. FUNERAL FRIDAY AT SALEM Selects Dr. T. B. Ford, of Portland, to Preach SermonX-Fourtb. Wife and 14 Children Survive Him. Conscious Almost to Last. ALBANY, Or., Oct. 80. (Special.) Rev. Dr. I. D. Driver, .pioneer Methodist minister, well-known character in Oregon history, and theDlogian of wide reputa tion, died at 1:30 o'clock this afternoon at ' his farm home, near Tangent, six miles north of Albany. Though he had endured great suffering for the past two weeks, he died peace fully. For BO hours prior to death his tongue was paralyzed, and 'he was unable to talk Intelligibly, but he retained his great mental powers almost to the last breath, lapsing into unconsciousness only 15 minutes before life was extinct. Dr. Driver's death was caused by Brlght's disease, superinduced by a severe cold which he contracted in July. Since August 10 he has been bedridden. He knew death was near, and often dis cussed the end without fear. Els mas terful talks on religious Questions con tinued until the paralysis creeping over his body ended his power of speech. Funeral at Salem Friday. The funeral will be held from the Fh-Bt Methodist Church, at Salem, Friday aft ernoon, at 2 o'clock, and by Dr. Driver's wish, the sermon will be delivered ry Dr. T. B. Ford, of Portland. Dr. Driver was born at Fort Defiance, Indiana, August 17, 1824, and ".'pent his boyhood at Fort Wayne. , In 1S19 he Joined the rush to California, coming northward to Oregon In 1852. He entered the Meth odist ministry In 1857, Just a half century ago, preaching his first sermon at Jack sonville. Since then he has continued in' the ministry, having been pastor of Methodist churches at Jacksonville, Salem, The Dalles, and of the Centenary Church; of Portland. He has also been a presiding elder. Since he retired from active ministry, he lived for many years at -Eugene. About two years ago lie bought a large) ........................................ ..... .......... ............ t - SOLID!' ' 1 - ......... (i -1 I :v- 3 . - T 1 J Bs i-flikfcLO 11 f i I I ww- l .7 7&r .m igur . .. .. -i&es' ; , , W ! 1 - j farm near Tangent, gave over the man agement to his sons and he has resided there and In Albany. Controversy With Ingersoll. - Dr. Driver's reputation as a theologian Is well known. He once had a controversy with Colonel Robert O. Ingersoll, and has traveled In evangelistic work with D. L. (Moody. He always took an active in terest in political affairs and served one term In the State Senate from Lane County. Dr. Driver was married four times and Is survived by his last wife and the following children: Samuel Driver, of Los Angeles, Cal.; Mrs. T. Thompson, of Salem? I. D. Driver, Jr., Of Salem; Mrs. Ransome Starr, , of Ritzville, Wash.; Mrs. Nellie Emerson, of Oakland, Cal.; James W. Driver, of Albany; Anna Driver, of Oakland, Cal.; Grace Driver, of Tan gent; Lee L. Driver, of Albany; Lena Driver and Frances Driver, of Eugene; if V 1 L Joseph G. Cannon,' Whose re-Election as Speaker Is Opposed by President Hnmurl Gompefi. of Anwrlaui V Federation of Labor. . ........... Wiley Driver, Paul Driver and Ralph Driver, of Tangent. Tribute to Dr. DriTer. Dr. T. B. Ford, pastor of Sunnyslde M. E. Church, said last night that in the death of the venerable Dr. Driver the state has lost one of its most use ful citizens. "He was one of the ablest men in the church and the news of his death will bo learned with profound regret by" all," said Dr. Ford. "Ho was In his 84th year, and has been on the super annuated roll for some years. The ex pressions of esteem made at the recent session of our conference indicate the high regard in which he was held." Methodist Ministers to, Meet. The Methodist ministers will meet today at 2 P. M. at Taylor-street Church to arrange for the funeral of the late Rev. I. Dw Driver, to be held at Salem Friday. Launch Adeline in Service. ASTORIA, Oct. 30. (Special.) The gas oline launch Adeline, which was recently built by Wilson Bros, for Charles Below, of Cathlamet, went Into commission to day. She . is constructed exclusively for passenger traffic and will . ply. regularly between Cathlamet and Clifton. f. OH BANKS MUCH RELIEVED New York Finances Becoming Normal. WEST IS CALLING FOR MONEY New Orleans Calls on Cortel you for Help. WANTS GASH FOR COTTON Low . Price of Stocks Attracts Host of Small Investors, Who Pour Money Into the Metropolis. Weak Banks Recuperate. THE FINANCIAL FTATTS. NEW YORK Eastern cities well supplied with currency and de mand now comes from Wet. Arrangements being- made to hasten payment abroad for cot ton "crop. Immenee volume of cash sales of stock to small In vestors. Stock market opens ir regular, but rallies towards close. BAN FRANCISCO California Safe Deposit & Trust Company closes because not protected by Clearing-house and doubly exposed to runsl Mint ordered to coin $15, 000.000 In gold. WASHINGTON Controller Rldgeley otters National banks facilities for Increasing Issue of currency. CALIFORNIA Governor Glllett will declare legal holiday today and every day till confidence restored. OKLAHOMA AND INDIAN TERRI TORY Bankers resent Cortel you's criticism of publio holiday and will adopt plans for re-open-lng at convention today. DENVER Mint coining 14S,00O;00O In gold bars. ... PITTSBUR3 Foreigners start run on All Nations Bank, which pays all 4emandn. OGLBN Banks adopt clearing house' certificate system, owing to un usual demands by other banks. . LONDON Shipment of i6S4.000 In gold starts from Bank of Eng land. American stocks decline, - NEW YORK, Oct SO. The financial situation today was so nearly normal that there were few new features of im portance. It was stated by bankers that the calls for money from the neighbor hood of New York and the entire East appeared to be practically satisfied, as such calls for currency of an urgent character as were being received came from points west of the Mississippi. These calls are being met as fast as conditions permit. Clark "Williams, the new State Super intendent of Banking, gathered up most of the cash In the suspended banks toda,y and deposited It with going instftuttons, thereby adding several million dollars to the funds available In the market. The balances against banks at the Clearing house were smaller than usual under normal conditions, all such balances ag gregating only a little more than J3.000, 000 on- clearings of $266,000,000. Financing Cotton Crop. One of the points at which the most serious pressure for money Is expected Is New Orleans, In- order to finance the movement of the cotton crop. The press ure there Is always urgent at this sea son of the year and promises to be even 't?eV'l'" V i Li..-. miniiilfi nfsiinisal isiiiniiisif arfsfsisii Samuel Oomoers, President of Ameri can Federation of Labor, Who Has StartetKCampalgn to Prevent Can non's re-Electlon aa Speaker, . . more intense this year than usual unless special preparations are made. The New Orleans bankers appear to be fully alive to this situation and were endeavoring today to arrange for transfers of money from Europe In payment for cotton through the fiscal agents of the .United States in Europe and Its direct transmis sion by cable to New Orleans. A committee of New Orleans bankers Is in Washington and hopes to secure a promise from Secretary Cortelyou of the deposit of substantial sums of public money in New Orleans and other South ern institutions. Mr. Cortelyou appears to recognize that the benefits conferred by this policy will not be limited to New Orleans and the South, but will aid in tha '-movement - for toe- prompt delivery of American products In Europe and the creation of a credit balance which will cover the Imports of gold. Cotton bills are being scrutinized In New York and cannot always be negotiated quite so promptly as Jn normal times, but where the character is unimpeachable they are recognized as forming one of ho best means of covering the gold Import move ment Small Investors Buy Stock. One of the most Interesting develop ments of the situation Is the large amount of the purchases of securities In small lots for investment Most of the large private banking houses which sell stocks and bonds have been keeping the clerical force at work overtime execut ing such orders and attending to the transfer of title on the books of the cor poratlon by which they are issued. This Is one of the decisive marks of invest1 ment buying. It is estimated by good judges that thero are 400,000 moro names of stockholders on the books of the rail way and industrial corporations than was the case a year ago. A single large firm.' reports sales between KOO.000 and $750,000. Another firm states that its wires to outlying places are crowded with small orders, directing the transfer of. securities to the names of new own ers, while still another firm declares that there has not been a movement of this kind of such volume In 20 years. Can't Head Off Gold Shipments The cables from Europe were not dls quieting to those familiar with the sit uation there. It Is generally expected that the rate of the Bank of . England will ba advanced tomorrow, but this will be- too late to affect engagements of gold already made for the United States. The absence of any failures, either financial or mercantile. In New York, of any importance, except that of Kessler & Co., a private banking firm, which op erates extensively abroad, and the offer of call money at lower rates than dur ing most of the time yesterday were the other favorable symptoms of the situa tion. - The Trust Company of America re ceived on deposit today nearly 1100.000 more than It paid out. Only 438 with drawals were made during the day. Weak Banks Recovering. The fact that the weaker banks In this city are recovering from the severe financial backset of the last week or more was clearly shown today when their balances were adjusted through the Clearing-house. All but one of the five I or six banks whose position has been I regarded as most vulnerable had bal ances due them at the Clearing-house this morning, and the one having a de ficit 'balance owed a very small one. It Is estimated that the Interest nav- ments due . November 1, which are being anticipated by J. P. Morgan & Co., ag gregate nearly J7.000.000. COIX GOLD AT DEXVEIl MIXT Will Turn $48,000,000 in Bar Into Double-Eagles. DENVER, Oct. 30. A. large force Is en gaged at the Denver Mint in coining the 148.000,000 gold bars stored there, and more bullion is pouring in daily from the Colo rado and other Western mines. The total output of the Mint for Oc tober will exceed SS.000,000, mainly In t20 ' gold pieces. The gold will be shipped to the money, centers as rapidly as it is coined. MOUNTAIN. FALLS; CRUSHES A TOWN Catastrophe Follows Earthquake. ABOUT 1500 PERSONS BURIED Huge . Landslide Wipes Out . Karatagh, Turkestan. FEAR FOR OTHER TOWNS Meager News of Results of Shock of October 21 Comes From Re mote Region Governor and Daughter Among tho Saved. TASIIKEXD, Russian Turkestan, Oct. 30. The little town of Karatr.gh. In the Hussar district of Kokhara, has been overwhelmed and completely destroyed by a landslide that followed the earth quake of October 2lT According to the latest reports of the disaster, a majority of the Inhabitants of Karatagh lost their lives. The first reports of the casualties were exaggerated, the death list being placed as high as 15,000. Karatagh has about 2500 dwellers, and there Is reason to be lieve that about 1500 were burled alive. Among those who survived the disaster are the Governor of Karatagh and his mother. Karatagh Is remotely situated and It takes a full week for news to get out from there, but according to one courier who" has come through, an enormous mass of the Karatagh Mountain, which practically hung over the town, broke loose and thundered down upon the vil lage, which Is almost completely burled. Karatagh Is situated In the Province of Bokhara, In the Hazrot Sultan Moun tains. Advices received here are of a meager character. Other small towns located In proximity to Karatagh in the valleys between the high peaks of this chain of mountains," it Is feared, have suffered In a like manner. FIRST KEPOUTS EXAGGERATED Death List, However, Still Runs In to the Hundreds . ST. PETERSBURG. Oct. 30. It would appear from two dispatches received here that the casualty list, first given at 15,000, has been greatly over-estimated and that the statement that the Gov ernor of the city and his mother were the only persons saved, was due to an error in translation. It is believed, how ever, that the dead must number many hundreds. Karatagh, although scarcely 100 miles from Samarkand and only 250 miles from Khokand, Is so Isolated that news is over a week In coming through. In the Russian gazetteers Karatagh Is described as being on the River Surkhen, a tributary of the Amu Darya. No men tion is made of its population, which geographically stated is not over 2500. TURN LOOSE SBS.CDO.DDO DIVIDEND AND INTEREST PAY MENTS IN NOVEMBER. Big Corporations Will Soon Disburse Large Sums, 11111 Lines and the Steel Trust Leading. NEW TORK. Oct. 30. There will be a total of $08,000,000 disbursed during No vember in dividend and interest pay ments. Up to the present $21,197,928 In dividends has been declared, and the In terest payments amount to 344,178,549, making a total of 365,376,387. The divi dends yet to be declared will bring the total disbursements up to 368,000,000. The following table Is a summary of the amounts to be disbursed: Dividends ... Eleven railroads $ 9,030,9" KlKhteen publlc-aorv'.ce corpora- tionn : 2.9B3.33T Twenty-eight lndust'I corporations 6.H4i,102 Eighteen banks and trust com panies 1.73S.B00 Total dividend payments $21. 107.92S Interest One hundred and forty-one rail roads $20,472,901 One hundred and forty-one public service corporations 10.SH2.41T Twenty-two lndustr'l corporations 7.17S.0S1 Total Interest payments $44, 178. 43V Grand total dividend and Inter est payments $03,376,439 The largest dividend payment will ba made by the Great Northern, which amounts to $4,861,093. The Northern Pa cific follows with a payment of $2,712,600. The Pullman Company will pay a divi dend of $2,000,000 and the Amalgamated Copper Company $1,538,870. The largest . interest payment is that of the United States Steel Corporation, which will amount to $5,652,100. Other large Interest payments, all over $1,000, 00J, are: Pennsylvania Railroad. .2.294,823 Chicago Rock Island & Pacific l,Sa."i,21l- Public service Corporation of New Jersey ..1.300.483 Chicago A Northwestern 1.232.183 Atlantic Coast Line 1.211,678 TVabash 1,185.473 Missouri Paclnc , 1,110.044) 'i fiSTl IOS.2