THE MORNING OREGOXIAX, WEDNESDAY, NOVEMBER ' 13, 1907.
3
Mill LEY SLIPS
from cm
Arrested by Chinese at Muk
den, He Makes Clear
Escape.
CHAGRIN TO THE MONGOLS
't)torlous Land-Fraud Operator's
Kvasion Thwarts Plan to Extra
dite American Criminals With
out an Extradition Treaty.
FEKIN. Nov. 33. Horatio McKinley,
wanted in Oregon in connection with the
land-fraud trials in that state, who was
arrested by the Manchm-ian authorities
at Mukden, October 6. and Incarcerated
pending the arrival of an officer from
America. esi-nMd from custody yester
day. The Chinese government is making
efforts to recapture the prisoner.
The escape of McKinley will probably
defeat the first attempt of China's co
operation In the extradition of criminals
without a treaty. It was hoped that the
attempt would succeed and discourage
. numerous American criminals and adven
turers from taking refuge in China.
The foregoing dispatch refers, un
doubtedly, to Horace C5. McKinley, con
victed land-fraud operator in this state,
who has been a fugitive from justice
for several years. McKinley, together
with S. A. D. Puter, Marie Ware and
Kmma AVatson. was convicted in the
first land-fraud trial in this state on a
charge of conspiring to defraud the Gov
ernment of several thousand acres of val
uable timber land. While convicted, Mc
Kinley was never sentenced and was re
leased on bonds.
Several months after the trial McKin
ley wedded Marie Ware, whom he after
wards deserted, and left San Francisco
In company with "Little Kgypt" for
China, where he 'was subsequently lo
cated. Reaching the Celestial Empire.
McKinley for a time found employment
as a bartender. It was' further reported
that he also frequented Oriental gambling
houses. It was over the green cloth he
squandered much of his ill-gotten pro
ceeds of his land-fraud operations.
United States Attorney Bristol and T.
B. Neuhausen, special inspector for the
Interior Department, were out of the city
last night, but T'nited States Marshal
Reed said the Federal authorities here
had no knowledge of the arrest of Mc
Kinley on October 5. as reported in the
dispatch. He said if any mtempt is
being made by the Government to have
the fugitive returned to this country. It
Is being directed by the authorities at
Washington, who had not advised the
Oregon officials of the proceeding.
The escapo of McKinley at this time
recalls the sensational incident by which
Puter, who is now serving his sentence
In the Multnomah County Jail, managed
to gain his freedom after he had first
been arrested by Detective W. J. Burns
in Boston three years ago. The Beau
Brummel of .the land-fraud ring was
never credited with possessing much dar
ing, but his escape from the authorities
In Manchrula, although the details of
his escape have not been learned, may
prove him a more desperate character
than was suspetced.
FORGES BIG MEN'S NAMES
Smith Worked Morton, but Found
Morgan Too Cold.
PITTSBURG, Pa.. Nov. 12. B. O.
Emith. of Fort Smith, Ark., is in jail
Here on suspicion of having practiced
forgery In various cities. Local detec
tives claim that Smith is wanted in
Kansas City, the Bankers' Association
f that city offering a reward of $2000
'or his arrest on charges of forgery .ag
tregating $.13,000. Smith registered here
is Paul Halloway. His plan, according
:o the detectives, was to secure from
jubllc libraries books of local biogra
phy, from which he obtained portmits
ind fac simile signatures of his in
:ended victims. Selecting one man as
i victim, his alleged plan was to pre
sent forged indorsements from other
prominent people and effect a deal that
tvnuld net him money.
In his room was found a biography
f Western Pennsylvania with notes
opposite the names of prominent capi
talists, and the police believe he was
ibout ready to begin operations here.
There were also portraits and signa
tures of many New Yorkers. A visit
ing card and bogus letter from Charles
M. Schwab, it is allesed. introduced
Smith to Levi P. Morton and opposite
Morton's name Is written: "Stung him
Tor- $4500." Thomas A, Edison's name
tvas used to gain 'an audience with J.
P. Morgan and the comment on the
Sreat financier is: "Too cold; couldn't
touch him."
A check on the Union Bank of Chi
cago for $100, payable to Paul Hallo
way and signed by Temple H. Hamil
ton, was among Smith's effects as was
also an autograph photograph of Mr.
Hamilton.
ADAMS' STORY IS READ
Kontlnued From First Phrc. )
Alvah Mason and myself to Simpklns'
cabin, made some coffee and had break
fast, and in the morning we went over
to try to catch Tyler in his cabin on Jack
Simpklns' claim. He was gone, so we
laid there until sundown. He never re
turned, and we started up to a spring,
and while we were drinking we heard
someone coming. I said: 'All right. I am
glad of It." I got my Winchester, and,
standing by the side of the trail, never
moved. I saw It was Tyler coming. He
had a big gun buckled on him. I stepped
out on the trail and told him to throw
up his hands. We then disarmed him,
took him to Simpklns' cabin, stopped"
there until morning, when we took him
three miles out In the timber and I killed
him."
Hid Body Between Ivogg.
"What was done with the body?"
"It was left lying between two logs."
"Who did Tyler say placed him on the
claim?''
"A fellow named Lewis, a banker, I
think, from Spokane, but I cannot say
positively."
"After that what occurred?"
"I went down, and met Simpklns at
Harrison, and told him what I had done,
that he did not have any jumper on his
claim.
"In about a week or thereabouts, or
probably two weeks, we went hack up
In there, and met a fellow named Boule
and another man coming down the trail
near Simpklns" cabin. We opened Are
on them, killing Boule; Jack Simpklns,
I and Newt Glover. There was another
man with us at the time whose name I
do not know."
"How did It happen that the other man
got away?"
"We miscd him; he was dodging. We
shot at him."
Following the shooting. Adams told a
story of how he had left the Marble
Creek region; how he had waited until
after the Sheriff had gone In and found l
the body of Boule, and- how the cabins
of three of the junipers had been blown
up.
Bodies Found Later.
The Sheriff had found but one of the
bodies, that of Boule, which was lying a
short distance from Simpklns' cabin.
Adams did not meet the Sheriff, but Simp
kins met him.
"After this was over, did you get the
$300 from Simpklns?"
"I did not."
"What excuse did he give?"
"He said that all the settlers agreed
to help pay it, but they did not come in
with the money. I got $120. Mason gave
me $100 and Simpklns gave me $20 when
I left."
"I suppose Mason is there yet."
"I think likely that he is, as he is a
man with a family. I will say this In be
half of those people up there: It seemed
like there was a rich man trying to rob
them of their claims, this man Lewis,
whom I have previously mentioned. Tyler
told me that Lewis was to furnish them
with money to hold them up there on
those claims until they could t-ke them
away from those settlers, and then he
was to give them half and he was to get
half in return."
WILL RETIRE DISABLED
Army Board Will Act on Those Who
Cannot Ride.
WASHINGTON, Nov. 12. Brigadier
General John M. Davis presided over the
deliberations of an Army retiring board,
which met at the Washington Barracks
today. Before this board are to come or
examination 17 officers above the grade of
Captain, who failed to qualify for the rid
ing test directed by President Roosevelt.
The list includes a number of well-known
officers of the Army.
Today's work of the board was brief.
The officers ordered before it are first to
be examined physically by the medical of-'
ficers of the board as to their condition,
and the conclusion reached will be submit
ted to the full board for action.
SAME CONCESSIONS TO ALL
Reynolds Widens' Scope of German
. Tariff Agreement.
NEW YORK, Nov. 12. Speaking of
the annual conference of local apprais
ers, in session here. Assistant Secretary
of the Treasury James B. Reynolds,
just back from a special tariff Inquiry
in Europe, took the opportunity to
clear up for the benefit of the apprais
ers a great deal of the existing misun
derstanding about the German agree
ment. Mr. Reynolds made a clear and
unequivocal statement as to what was
expected of the officers in making ap
praisements under this treaty and he
took particular pains to bring out the
fact that the agreement applies to
other countries as well as to .Germany.
This is the first pronouncement from
a high official source' as to an opinion
which has long prevailed In customs
circles, namely, that since the United
States cannot grant to one country
commercial privileges which are denied
to another, no other document outside
of the German agreement is necessary
to secure to France, Austria or any
other country the same concessions as
to export, price, etc., that have been
granted to Germany.
Besides the official expression of
opinion to the appraisers, Mr. Reynolds
In an interview later said the Admin
istration had always regarded the
treaty as nothing more or less than an
Interpretation of the customs adminis
trative act; and that the view accepted
in some quarters that the agreement is
a series of special concessions to Ger
many, is entirely erroneous. Moreover,
the Administration fully Intended that
the agreement should stand for all
countries.
New Washington Rural Routes.
OREGONIAN NEWS BUREAU, Wash
ington, Nov. 12. Washington rural free
delivery routes ordered established Feb
ruary 1: Almira, Linn County, route 1,
population 300, families 71; Poulsbo, Kit
sap County, route 2, population 275, fami
lies 65.
Negro District Attorney.
WASHINGTON. Nov.. 12. -James A.
Cobb, a negro, has oeen appointed special
assistant United States Attorney for the
District of Columbia.
NAVAL OFFICER RECALLED
Scandal of French Naval Spies
Widening Its Scope.
PARIS. Nov. 12. A special dispatch
from Wilhelmshaven, Prussia, reporting
that Rear-Admiral Slegel. the German
naval attache here, had been recalled,
is printed here as an item of sensational
news, presumably in connection with a
recent discovery of treason In the French
navy and espionage on the part of agents
of a foreign power.
Ensign Charles Ullmo, of the French
navy, was arrested at Toulon, October
25, on the charge of being a spy. An ex
amination of his effects showed him to
have been in possession of many valu
able documents, and he afterward con
fessed to having abstracted a secret sig
nal book and the naval cipher. An army
reserve officer named Burton was after
ward arrested on similar charges.
At Toulon five alleged ringleaders of
an association of Internal spies, who had
apparently been carrying on a traffic in
military and naval secrets, were arrested
arid it was understood that warrants have
been issued for the apprehension of sev
eral others.
The authorities of Toulon yesterday
searched the lo ill postoffice and among
other tilings found a telegram apparently
sent by Ensign ' Ullmo to a German
agent, offering to sell information con
cerning the defenses of France.
The German Embassy later lss-ued a
statement confirming the report of the
recall of Rear-Admiral Slegel, but saying
that it was solely due to his appointment
to a new post In Germany.
31
Bank Depositors!
Is your money tied up in the
recent suspensions? Good
time to save money by buying-
drugs at Lipman-Wolfe's
'"Owl."
Cut-Rate Drugstore
Established 1850-FIFTY-SEVEN YEARS IN BUSINESS-Etabliriecl 1850
Good Merchandise Only Quality Considered Our Prices Are Always" the Lowest
$ 1 Down, $ 1 a Week
Pays for complete outfit of a
Victor Talking Machine
And necessary records. Exhi
bitions . daily in our Victor
Hall. Catalogues and price lists
free. New records monthly.
Silk Messaline Costumes, $32.50 Values, $18.75 ?Di'.L3.
An extraordinary sale for today only. We will sell an assortment of 35 Silk Messaline Costumes in black, light blue, brown,
navy and pearl gray, made in the newest and most up-to-date style, with lace yoke and elbow sleeves,
plaited and trimmed. The skirts are made in the newest plaited and flare shape.
$32.50. For Wednesday only and you'd better be early at '
Selling regularly at
g Sale
Cut-Rate Dm
No Hot Air Needed Prices Talk for Themselves
9c
4711 White Rose Glycerine
Soap, reg. loc. Owl price..'
Socletie Hygen'lc Soap, drug
store price 50c, Owl QO
price . 3SC
Roger & Gallet's vlolette, san
dalwood, heliotrope, jockey
club, carnation, lily of valley,
lavender, regular 25c -l 'J p
cake, Owl price 1AV
2000 boxes fine glycerine, lilac,
heliotrope, violet, buttermilk
Scjps. drugstore price 1 (r
i 35c, Owl price, box . ow
Hvgienol Mouth Wash, "1 Ap
regular 25c, Owl price....
Boradent Tooth Paste", drug
store price 25c, Owl 1 A.r
price "
Cheney's Ijlsterated Tooth Pow
der, regular 2oc, Owl 1 A.n
price
M
reg.
enrien's Talcum Powder, 1 fn
eg. l'Jc, Owl price XVfW
Hlnes' Honeyed Almond Cream,
drugstore price 60c, Owl O Of,
price . . 4C
Sanltol Face Cream, drug
store price 25c, Owl 1 C,
price iUC
Camelline Face Powder drug
store price 5Dc, Owl 'J tin
price c
Roger & Gallet's Rice Powder,
drugstore price 25c, Owl 1 fji
price lut
Fine French Sachet Powders, all
odors, regular 50c, Owl 'XA.rt
price
Parker Pray's famous" Ongallne,
regular 50c, Owl "r"
price. HOC
Parker Pray's Nail Powder, 1 'J n
t eg. 25c, Owl price AAV
Scott's Emulsion of Cod Liver
Oil, regular $1 size. Owl flCkn
price . . ,. J7fc.
4-oz. pkg fine Absorbent 1 In
Cotton, Owl cut price
3-oz. package Absorbent Cotton,
regular 25c, Owl cut 'J r
price . . . XX.
Paine's Celery Compound, (ZQp
reg. tl size. Owl price JB,
Hydrogen Peroxide, guaranteed
best quality, regular 25c 1 ftp
size. Owl cut rate aw.
Hydrogen Peroxide, regular 50c
size. Owl cut 20C
California Syrup of Figs, regular
50c size, Owl cut 36C
Grove's Bromo Laxative, "genu
ine, regular 25c, Owl cut 1 pin
price iUt
Apenta Carbonated Splits, On
reg. 15c, Owl cut rate J
66
Cold Wave " Blanket Sale
The soft, fleecy warmth of woolen blankets is as good these
cold nights as the cheery radiance of an old-fashioned fireplace.-
These sale values are extraordinary, considering the
high price of wool and it's a good thing to buy from a repu
table house and be sure you're getting wool.
Reg. $8.50 Blankets, $7.50
11-4 all-wool Blankets, made of se
lected quality yool, full size, pink
or blue borders, regular $8.50 value.
Reg. $7 Blankets, $5.95
11-4 White Wool Blankets, for full
size bed, pink or blue borders; reg
ular $7.00 values. -
Reg. $4.00 Comforts, $3.29
Reg. $5.00 Comforts, $4.15
Sateen Comforts of extra fine qual
ity, light or dark grounds, filled
with good quality of white lami
nated cotton, extra large size.
Reg. $6 Blankets, $4.95
Reg.
500
$1.75 Comforts, $1.38
Silkoline Comforters, filled
with white laminated cotton, cot
ered with good quality of figured
silkolines, light or dark grounds.
Hundreds of other good values in Blankets and Comforts, from the lowest to the highest priced; also Pendle
ton Indian Blankets.
10-4 White Wool Blankets, pink or
blue borders, soft and fleecv, re
duced from $6.00.
Reg. $2.00 Comforts, $1.69
Special Sale of Forest Mills Knit Underwear
Everybody who has ever known "Forest Mills" Underwear has a good word for it,
and will rejoice at an opportunity to supply the needs of the season at these special
prices. It's a hygienic underwear that physicians generally, recommend for women
cuiv.1 itiiiiuicii. xi 13 auiicuiuu&uiiic, vdilltui Allelic LUG ari.111
This underwear is made of the best washing yarns and is
hand-crochet finished and' tailor cut; shapes and sizes are
proportioned to fit perfectly. It is through these special
sales at the beginning of the season that the Forest Mills
w
make new friends.
Tall and Winter weight merino
vests and drawers, super quality,
natural and white, specially priced
at $1.00
Women's cotton vests, drawers and
tights, heavy weight, every size,
hand finished; choice 63
Merino Union Suits for Fall and
Winter, c o,m f o r t a b 1 y fitting,
at $1.75
Merino Union Suits for Fall and
Winter, splendid quality $2.00
Medium weight vests and drawers
and tights of real peeler cotton,
softer than pure silk; sale
price 63
Fall and Winter weight merino
vests, drawers and tights, natural
and white, $1.25 grade. . .$1.00
Misses' medium-weight cotton vests
and pants; rare value at... 63 1
Vests and drawers of real Australi
an wool yarn, 1 thread cotton
mixed, better than all
wool $1.50
Light-weight merino drawers and
long and short-sleeve vests, hand
l finished; special at, each..75
Lot men 's heavy-weight union
suits, impossible to duplicate
at $1.50
Jilliiii?'
PraUTHEBNM H
Democrats of Tennessee Say
It Is Essential.
PARTY IS BORN IN SOUTH
NIXON STILL IN CONTROL'
Denies Report He and Wlngfleld Are
Ousted From Mining Company.
RENO, Xev. Nov. 12. "The report Is
ahsurd," said Senator Nixon, president of
the Goldfleld Consolidated Mining Com
pany, when shown a dispatch stating he
and "Wlngfleld had lost control of the big
mining property.
"At a meeting of the directors held yes
terday George Wlngfleld not only voted
his stock and mine but also SO .per cent of
the other stock. The following board of
directors was elected: G. H. Nixon.
George Wlngfleld, George McKenzie, J. g.
Cook, J. D. Hubbard and J. R. Davis.'
"Q3 soon as a firm of accredited ac
countants finishes Its examination of tht
books, their report, together with the re
port of General Manager Finney will be
mailed to all the stockholders. The meet
ing was attended only by Vice-President
Wlngfleld. Secretary Fenwick and- Judge
Thomas, chief counsel for the company,
all of whom are at Reno today."
Conditions Now, However, Are Such
That Candidate From Any Other
Section of the Country Is Un
available Appeal to Nation.
NASHVILIjB, Tenn., Nov. 12. A state
convention of Democrats today started a
movement for the nomination of a South
em man as a Democratic candidate for
the Presidency in 1908.
Each delegate was Instructed to- work
In the interest, of sending a delegation
from Tennessee to the National Conven
tion that will vote ttrst. last and all the
time for a Southern man. An address to
the Democrats of the Nation was Issued.
The address authorized by the conven
tion declares that the Democratic party
was born in the South, but that this sub
ject is approached in non-sectional spirit.
It asserts that conditions made candi
dates from the East no longer available,
and that recognition of a Southern man
would emphasize the unity of the Nation.
CAMPBELIi OCT FOR SENATOR
Ex-Governor of Ohio Would Like
Foraker's Seat.
COLUMBUS, O., Nov. 12. Ex-Governor
James E. Campbell, who Is a member of
the State Tax Commission, today said
that, he is a receptive candidate for
United States Senator to succeed Senatdr
J. B. Foraker. He believes the Demo
cratic party has a better chance to elect
a Senator than a Governor of Ohio. He
would not be averse, he said, to making
a combination against Mr. Foraker. He
desires It to be understood that his op
position to Mr. Foraker is not personal, s
they are warm friends.
Calls Democratic House Caucus.
WACO, Texas, Nov. 12. Congressman
H Li. Henry, chairman of the Demo
cratic caucus of the House of Repre
sentatives, has issued a call for the cau
cus to assemble in the House Novem
ber 30 at 8 o'clock. Mr. Henry stated
that he would not be a candidate for the
minority leadership of the House In the
60th Congress. '
Engage More Gold In London.
CHICAGO. Nov. 12. Chicago banks to
day engaged In Ixmdon -for Import sums
agsregatrng $1,450,000. Up to date the gold
Importations for Chicago have reached
j3,iue,oo
Six Injured In Train Collision.
PITTSBURG, Nov. 12. Six persons
were more or less seriously Injured
about 1:30 o'clock this morning, when
the Pennsylvania special train No. 28.
from Chicago to New York, on the
Pennsylvania Railroad, ran into a sta
tionary freight train In the yards at
Larimer, near Greensburs. Pa. All the
passengers received a severe shaking
up and narrowly escaped Injury or
death. The injured are: Mrs. Jerry
Green, Re,adboro, Pa.; Mrs. Mark Pil,
Readboro, Pa.; Ho wart Scott, brake
man; Edward A. Bllby, fireman; R. J.
"Whittaker, Pittsburg; J. E. Bateman,
Pittsburg1.
According to reports received here, a
telegrapher forgot that the freight
train was on the westbound track and
gave the passenger a white block.
Both engines were wrecked and the
combination car was completely de
molished. About six coal cars were
smashed. The impact was terrific and
passengers were thrown violently to
the floors of the cars.
POWER OF COURTS
(Continued From -First Pape)
FAIRBANKS IN A WRECK
AVlth Party Gets Shaken Up on the
Baltimore & Ohio Road.
WASHINGTON, Nov. 12. Vice-President
Fairbanks and a distinguished party of
officials of thla city were in a wreck on
the Baltimore & Ohio Railroad tonight
at Weaverton, Md., In which Fireman
Clarkson was severely injured and the
passengers were badly shaken up. The
Vice-President, as well as those who ac
companied him, escaped injury. He was
in the private car of President Murray,
of the Baltimore & Ohio.
New Colored School at Berea.
CHICAGO, Nov. 12. A dispatch to the
Tribune from Lexington, Ky., says:
Berea College plans a new school for
negroes of the type of Tuskegee and
Hampton. Trustees of the college will
meet next month to determine Its loca
tion. It Is expected two or three other
struggling negro schools of Kentucky will
form a merger with the new enterprise.
The amount set apart in Kentucky for
the education of the colored race is
$200,000. '
. Cortelyou Pleased at Situation.
WASHINGTON, Nov. 12. Secretary
Cortelyou said today upon leaving the
Cabinet meeting, financial matters had
not been considered during the session;
that fhe outlook was steadily improving,
principally in New York; that. relief was
being extended quite freely to the Middle
West, principally to St. Louis. ThisdM
not indicate that the situation In this
locality was serious, he said, but simply
showed a general easing of the stringency.
Against Harvester Trust. '
J EFFERSON CITY. Mo.. Nov. 12. The
Attorney-General has Inaugurated quo
warranto proceedings in the Supreme
Court for the ouster of the International
Harvester Company of America for al
leged violation of the anti-trust law of
Missouri. The company is a Milwaukee
corporation.
Cotlon Gin Boiler Explodes.
PIN3 BLUFF, Ark., Nov. 12. A boiler
at the glnhouse of the Trulock plantation,
near here, exploded today, killing the
owner, J. B. Trulock. and five negroes,
and demolished the gin.
Working Honrs Reduced.
CLAREMONT. N. H.. Nov. 12. The
1000 employes of the Sullivan Machinery
Company began eight hours' work per
day yesterday. The reason for the shorter
hours is because of the" financial stress.
commerce, and the corporation is as much
an Instrumentality as the cars and en
gines, used in transportation. Various
cases are cited shawing that the courts
have held valid the safety appliance, em
ployers' liability and arbitration acts.
DENIES POWER OF COMMISSION
Harriman Says It Violates His
Rights Under Constitution.
NEW YORK, Nov. 12. The reasons
given by K. H. Harriman why he should
not answer certain questions put to
him during an investigation by the
Interstate Commerce Commission are
set forth in a brief which has been
filed by ex-Judge R. S. Lovett, counsel
for Mr. Harriman. The proceedings
brought by the Commission to compel
Mr. Harriman to answer the questions
are to come up before Judge Hough of
the United States Circuit Court tomor
row. The principal point in the brief Is the
contention that the acts concerning
which Mr. Harriman was questioned
did not relato to Interstate commerce
nor to a violation of the interstate
commerce act, but were designed to
compel disclosures by him of trans
actions for which, "had they taken
place, neither the Commission nor the
Congress of the United States could
afford a Constitutional remedy." The
brief also sets forth that Mr. Harri
man does not admit that the Interstate
Commerce Commission has any powers
other than those conferred by act of
Congress approved February 4, 18S7,
and the amendments thereto. The
questions to which Mr. Harriman ob
jected related to th purchase of stock
of other railways in the Interests of
the Union Pacific and to the Union Pa
cific dividend.
Questions He Would Not Answer.
In regard to the $28,030,000 of Illinois
Central Railway stock purchased- at
$175 a share, the questions which Mr.
Harriman declined to answer were as
follows:
Were the 9000 shares sold by yourself, Mr.
Rogers and Mr. Stlllman pooled?
Was it acquired for the purpose of Belling
It to the Union Pacific?
Waa the stock purchased by you at a much
lower price than $175 with the Intention .of
turning it over to the Union Pacific?
Did you have any interest in 15,000 shares
sold at the time by Kuhn. Loeb & Co. to
the Union-Pacific?
On the subject of the Union Pacific
dividend, which was advanced from a
rate of 6 per cent to 10 per cent per
annum on August 15, 1906, with a
consequent rise In the price of the
stock, Mr. Harriman declined to answer
the following:
Were you directly or Indirectly Interested
in any stocks that were bought between the
18th of July and the 17th of August that
appreciated?
Did you or any director buy any Union
and Southern Pacific stock in anticipation
of that dividend?
In the brief the fallowing reasons
are gleen why Mr. Harriman should Hot
give the information sought by the
Commission:
First Said Questions did not relate to
nmmerce with foreign nations or among the
several states or with the Indian tribes or
to any transaction in such commerce, nor.
however answered, would they tend to show
any violation of the provisions of the said
act to regulate commerce or any othtr law
of the United States or any law which Con
gress could constitutionally enact and mako
operative upon any corporation created by
and deriving Its franchises and powers from
a state: but raid questions did relate to the
business and affairs of this respondent, hav
ing no relation to such commerce, and wert
designed to compel a disclosure by this re
spondent to a purely administrative body of
transactions for which, had they taken place,
neither the said Commission nor the Con
gress of the United States could afford a con
stitutional, remedy.
Violates Constitutional Rights.
The second contention is that, if the
act approved in 1887 be construed to
give, the Interstate Commerce Commis
sion power to inquire into the business
of Mr. Harriman having no relation to
interstate commerce, such construction
is in violation of the Constitution of
the United States and void.
The third contention is that to com
pel response to the questions asked,
save in a court of competent jurisdic
tion, would deprive the despondent (Mr.
Harriman) of-liberty without due proc
ess of law, contrary to article 5 -of the
amendments to the Constitution of the
United States.
The fourth contention Is that the
questions did not relate to the business
of the Union Pacific Railway Company,
the Southern Pacific Company, the Or
egon Short Line Railway Company, the
Southern -Pacific Company, the Oregon
Shore Line Railway and the Oregon
Railway & Navigation Company as
common carriers, nor to the Interstate
transportation of goods or persons by
uch companies.
No Power to Make Inquiry.
It is set forth in the fifth paragraph
of the contentions why response should
not be given that the Commission's in
quiry, at whch the questions, were
asked, was not based on any complaint
Of anything done or omitted to be done
by the companies named above in con
travention of the interstate commerce
law.
The sixth point raised by Judge
Lovett is that. If the Interstate com
merce act be construed as authorizing
and empowering te Commission, in the
conduct o an Inquiry or investigation
without any complaint having been
made to it or any statement of
charges contained in any such com
plaint having been presented to any
such common carrier or the respondent
(Mr. Harriman), to put the said ques
tions to this respondent and require
him to answer the same, such is In
violation of the provision of article 6
of the amendments to the Constitution
of the United. States, which provides
that no person shall be deprived of
liberty or property without process of
law. -
The seventh and last declaration .is
that the order made bV the Interstate
Commerce Commission on November 15,
1906, on the subject Is so general, vague
and indefinite In its terms as to fail to
define any matter as being under inves
tigation whether with respect to the
Union Pacific Railway Company or any
other person or corporation, and the said
questions were not pertinent or rele
vant to any inquiry alleged or claimed
to have been authorised hereby.
New Prohibition Paper.
CHICAGO, Nov. 12. A national prohi
bition organ is to be published In Chicago.
It will be known as the National Prohi
bitionist. William P. Fergusson will be
the editor. The paper Is a consolidation
of the Defender, of New York, and the
New Voice . and Home Defender, of Chicago.
Oregon People In Chicago.
CHICAGO. Nov. 12. (Special.) Ore
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today as follows:
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