VOL. XLYI.-XO. 14,644. PORTLAND, OREGON, THURSDAY, . NOVEMBER 14, 1907. PRICE FIVE CENTS. MUST HE REVEAL HIS STOCK DEALS? Harriman Case Argued Before Court. PROFITS HIS OWN BUSINESS Railroadman Hides Behind the Board of Directors. KELLOGG HITS HIM HARD ay Market Was Probably Rigged by Pool Which Sold Stock Judge Asks Many Pertinent Ques tions of the Lawyers. NEW YORK, Nov. 13. After seven hours and a half of argument on both Bides of the question. Judge Hough, in the United; States Circuit Court, an nounced tonight that he would not be ready until December 1 to render a de cision on the petition of the Interstate Commerce Commission to compel E. H. Harriman to answer certain questions propounded to him last Spring in the course of the Commission's investigation Into the Harriman lines. The opposing counsel were given the privilege of filing additional briefs during the next two weeks. The arguments, which were not con cluded until 6:30 P. M., took a wide range, and the privileges and powers of the Interstate Commerce Commission ware thoroughly gone into. Ex-Senator John C. Spooner, of Wisconsin, appeared for the first time in the case, and ar fcued in defense, of the position main tained by Mr. Harriman that he Is not required to tell the Commission what In dividual profit he made In selling the stock of other railroads held by him to the Union Pacific Company or to detail the manner In which the famous 10 per cent Union Pacific dividend was declared in August, 1906, and Its announcement deferred for two days. Mr. Harriman has also declined to say how much stock of the Union Pacific, if any, he bought Just before the announcement of the dividend. Directors Approved His Acts. John G. Mllburn was also heard in de fense of Mr. Harriman and In opposition to the petition filed by the Commission. On behalf of the Government, represent ed by the Interstate Commerce Commis sion, the arguments were conducted by Assistant District Attorney Henry L. Stlmson and Frank B. Kellogg, special counsel to the Commission. Counsel for Mr. Harriman stated to Judge Hough that the stock purchases of the Union Pacific Railroad, amounting to $150,000,000 during one period and about $182,000,000 In the aggregate, were made on the recommendation of the executive committee, approved by the board of di rectors and ratified by the stockholders. All that Mr. Harriman bad done, Mr. Mllburn declared, had met with the full est approval of the stockholders of the Union Pacific Company. He further stated that, allowing for losses sustained In the recent heavy slump of prices, the Union Pacific Company had profited no less than $32,000,000 by its stock purchases. Mr. Mllburn said this fact should silence the charge of the Commission that the stock purchase tended to Impair the ef fectiveness of the railroads .engaged in interstate commerce. Says Market Was Fixed. Mr. Kellogg, in reply to this, stated that the so-called market value of the Stocks sold to the Union Pacific was nothing more nor less than a Wall-street quotation, probably fixed by the very pool of men who. It is alleged, were be hind the stock deals. As to the impair ment of the usefulness-of the railroads, ' Mr. Kellogg asserted that the roads of Inflated values were today unabte to bor row money to build the cars needed by them to carry out their obligations to the public. "The samo thing Is true of the roads without Inflated values," retort ed Mr. Mllburn. Mr. Spooner declared that the stock deals between Mr. Harriman and the Union Pacific were matters of concern only between the individual and the stockholders, and had nothing to do with interstate commerce. Mr. Kellogg declared the commis sion had a right to inquire into the uses to which the money of a railroad was put. Judge's Pointed Questions. Judge Hough interrupted the attor neys on both sides with many pointed questions. He said, among other things, that he did not exactly see what the deferred announcement of the Union Pacific dividend had to do with Interstate traffic. He also asked if, after all, the commission was not only seeking by the unanswered ques tions to prove from whom Harriman, the Individual, purchased the stocks subsequently sold to the company of which he is president and ha.t profit he individually made by the transac tion. Mr. Kellogg said the commission sought to gi-t at the bona fide side of the stock deals. In general, he de clared, the commission was making an Inquiry which Involved the question of whether or not the great western terri tory of the United States shall be de pendent upon one man for its develop ment whether or not there shall be railroad competition between the Mis souri River and the South Pacific Coast. Mr. Kellogg, in concluding his argu ment, said the commission questioned the propriety of Mr. Harrlman's sit ting upon a committee to fix the price of stocks he held and was about to sell to the Union Pacific. "I know," Interjected Mr. Mllburn, 'but what are you going to do about it?" . Why Questions Were Asked. Mr. Stimson said that the commls- slon before starting the investigation, during which Mr. Harriman was asked t)je questions which he has declined to answer, had stated the object of the investigation. This object, Mr. Stim son said, was to inquire into various combinations of alleged violators of law. He called attention to Mr. Harrl man's autocratic powers over the lines in his system and said Mr. Harriman was in fact the Union Pacific system. Mr. Harriman took entire responsibility for the Investment of $160,000,000 of Union Pacific funds in Alton, Illinois Central, Atchison, Baltimore & Ohio, St. Paul and other stocks. He said all the questions Mr. Harriman refused to answer were merely to ascertain if any stock was bought for Union Pa cific from its officers or directors. The position of the commission, said the district attorney, is that it Is a standing committee of Congress vested with Inquisitorial powers. Mr. Stlmson then cited numerous cases to show that the Interstate Com merce Commission had power to de mand the information sought. .What the Questions Were. The questions In regard to the pur chase of $28,000,000 of Illinois Central stock at $175 a share were whether the 20,000 shares sold by Mr. Harriman, Mr. Rogers and Mr. Stlllman were pooled; whether the stock was pur chased by Mr. ' Harriman at a much lower price than $175 for the purpose of selling it to the Union Pacific; whether Mr. Harriman had any inter est in the 105,000 shares sold by Kuhn, Loeb & Co. to the Union Pacific, and whether these shares were acquired by the same pool for the purpose of selling them to the Union Paciflc. With re gard to the Union Pacific dividend, the questions were whether Mr. Harriman waa'dlrectly or indirectly interested in stocks bought between July 19 and August 17 and whether he had any In terest in the Union Paciflc and South ern Paciflc stock in anticipation of that dividend. Trying to Block Inquiry. Mr. Stlmson said the constitutionality of. a statute was not under considera tion, but the other side was trying to cut off Congress from inquiring Into facts upon which Investigation may be. based. He maintained the Com mission's right to inquire into all finan cial transactions of an interstate rail road. The Commission was trying to learn whether the stock investments made with Union Paciflc funds Impaired the road's facilities as a common carrier, and whether such investments . should be made subject to regulation by Con gress. He quoted Robert Mather's statement that railroad directors who purchased stock from themselves were largely responsible lor the wave of distrust which has swept over the country. He denied any man's right to withhold pertinent Information by saying it was private business. Even If the information tended to incrimin ate, it could not b withheld, for Im munity was automatically extended in such cases. Mr. Harriman assumed re sponsibility for the stock purchases, and no words could more clearly indi cate stock jobbing than his replies. He concluded by submitting a copy of Secretary Taft's Columbus speech deal ing with railroad regulations. Private Business, Says Mllburn. Mr. Mllburn, In opening his reply, con tended that the sole question was whether the power to make the Inquiry was vested in a subordinate or inferior body like the Commission. Mr. Mllburn asserted that the Union Pacific had the legal right to purchase stock in other railroads, that it had the lesrnl right to buy Illinois Central stock from Mr. Harriman, and Mr. Harriman had the legal right to sell it. The transaction was authorized by the ex ecutive committee, adopted by the board of directors and ratified by the stock holders, and was set forth In the minutes of the company in a perfectly regular way. "Mr. Harriman was asked when he bought Illinois Central stock. If that is not a matter of private business, what can be private business?" demanded Mr. Mllburn. "It was not until nine years after Mr. Harriman had his Illinois Cen tral stock that he sold It vto the Union Paciflc at the market price." Judge Hough interrupted to ask If the Commission was not endeavoring to elicit from Mr. Harriman the facts as to whether or not he individually made large sums of money by selling stock to a cor poration in which he was a director. "Broadly, that seems to be true," re plied the attorney, "and the question here arises as to whether or not Mr. Harriman Is protected by the constitution in not answering such interrogatories." "But,"' said Judge Hough, "the ground of your objection as it appears in the record Is that the subject matter of the inquiry is irrelevant and immaterial. I cannot find that privilege is claimed." Denies Commission's Power. "It Is not," said Mr. Mllburn. "We merely claim that the Commission has neither the right nor the power to make an inquiry of the scope attempted." "Underlying the whole case, however," Mr. Mllburn said. "Is the fundamental right of an individual to protection in his liberty of action by the constitution of the United States. These liberties can only be interfered with by due process of law." As to the claim of inquisitorial powers on behalf of the Commission, Mr. Mil bum said that it was contrary to the spirit of American Institutions. Judge Hough demanded to know if it was contended that Congress could not exact answers to the questions pro pounded to Mr. Harriman. "We contend that Congress has not the power to legislate- to the extent of administering a man's personal business affairs." replied Mr. Mllburn, "and where Congress has not the power to legislate certainly It has not the power to in vestigate. Mr. Milburn cited authorities to prove that the Commission has not power to compel Mr. Harriman to an swer the questions propounded by it. "The Commission is only given power to "enforce the provisions of the act which axe set forth," said Mr. Milburn. "It IConcludAjl on Paae M'PARLAND 10 MOLLY IGUIOES Two Dozen Hanged By His Efforts. METHODS TO GET CONFESSION Bible Stories to Save Souls and Freedom for Bodies. CHANDLER IS NOT COMING Fears Violence If He Gives ' Testi mony In Person His Affidavits Read Supporting Root Dar row'j Ear Delays Trial. SPOKANE, .Wash., Not. IS. A special to the Spokesman-Review from Rath drum, Idaho, says: Progress In the trial of Steve Adams, on trial here Vr the alleged murder of Fred Tyler, was delayed this afternoon through a desire of Clarence Darrow, chief counsel for Adams, to go to Spo kane and have a specialist examine his right ear. Had the trial not been delayed, the state would have finished with Its testi mony in chief. The entire forenoon was taken up in cross-examination Of James McParland, the detective, in the Steve Adams trial. Mr. Darrow, attorney for the defense, went into the history of McParland, fol lowing It from his birth to the time of the arrest of Bteve Adams. McParland said he went to work for the Plnkerton Detective Agency about 1869 and that he had been with it ever since. He became superintendent of the Denver office in 1SS7 and about 1S92 became general superin tendent of the Western division. He said he had gained many confessions from men accused, both Inside and outside of prisons,' and told of a number obtained outside. In obtaining these confessions he usually told the man the state as a rule dealt liberally with those who turned state's evidence. . Tells of the Mollie Magulres. He told of the Mollie Magulres. and that he was a member of the order for two years for the purpose of obtaining evidence against them, and that as a i ........... ...... ........... FOUR LITTLE CARTOONS OF A DAY'S LEADING TOPICS. ir I The Grain Exporter Is Trying to Tlgure Out How He's Go ing: to Move That Bumper Crop. result of his investigations 23 or 24 men were hanged. McParland had testified he was a native of Ireland, and when asked if the Mol lie Magulres were the Ancient Order of Hibernians, replied shortly, "No, it was a criminal organization." "Was it a secret organization?" asked Darrow. ' "It was a secret criminal organisation," said McParland. "Did you go by your own name?" "I went by the name of James Mc Kenna," "Were you known as McKenna, the tough?" - Hawley Interposed an objection and It was sustained. During the cross-examination Mr. Hawley entered vigorons objections, but they were overruled, the court stating that he proposed to be more liberal than 1 usual in this case. Considerable animos ity was exhibited by Mr. Hawley and Mr. Darrow and they were reprimanded by the court. Each then apologized to the court and to each other. Going to the Adams confession, Mr. Darrow said that he had heard from McParland that he had-told Adams Bible stories of characters redeemed after hav ing Binned, and that he knew of crim inals who had not been prosecuted after turlng state's evidence, like Kelly the Bum, who peached on the Mollie Ma gulres. "So you told hjm of . Bible characters tp Insure him of his soul's safety and of Kelly the Bum to insure him that his body would be safe?" asked Darrow. "I told him that the state most always helped men who acted fairly with it," replied McParland. Chandler Is Not Coming. The state is out the testimony, in per son,, of. William B. -Chandler, who was with a fishing party about the time of the Tyler killing In Marble Creek dis trict, and who has fled to Butte, Mont., fearing that he will meet with foul play Should he testify against Adams. His testimony taken at Wallace was Intro duced through affidavit, it being shown that the state's attorneys had received a telegram from Chandler that he would not come here. Chandler's testimony supports that of George H. Root, of Wallace, and Steve Logan, both claim holders In August, 1904, on Marble Creek, in placing Adams there with Simpklns, Price, Mason, Glover and others. GAS PLANT IS BLOWN UP Match Causes Violent Explosion at Pacific University. PACIFIC UNIVERSITY, Forest Grove, Or., Nov. 13. (Special.) While nlllng the tanks of the gas plant at the new women's dormitory, Mr. Fletcher to night stepped upon a match which Ig nited the gas, and a terrific explosion occurred that completely demolished the brick plant. Window frames of the dormitory were shattered and debris blocked the east entrance to the dor mitory. The damage is about $1000. Mr. Fletcher, though in a semi-conscious condition, grabbed a hose and extinguished the fire. He is badly burned on the face and hands, but Dr. Charles, who attended him, believes that he will soon recover. King Edward and SELECTING JURY F Unwritten Law Again to the Front. INSANITY WILL BE DEFENSE Strong Prejudice Against Exe cution .of Woman. PRISONER SHOWS EMOTION Covers Face When Story of Killing ofs Brown Is Related Crime Probably Provoked by Read ing ' Mrs. Adams' Letters. WASHINGTON, Nov. 13. The first day of the trial, of Mrs. Annie M. Bradley on the charge of murdering Ex-United States Senator Arthur Brown, of Utah, was consumed entirely in an effort to obtain a Jury. When at 4 o'clock the court adjourned for the day, that prelim inary was still incomplete, notwithstand ing 61 men had been examined as to their competency to sit in the case. There were 11 men in the Jury box. all subject to challenge. The questions put by the attorneys for the prosecution and the de fense served to define to some extent the lines which will be followed by both sides of the case. It was made evident that attorneys for Mrs. Bradley will de pend upon the plea of insanity. If there was any confidence in the plea of Jus tification, it was- not expressed. On the other hand, the prosecution manifested apprehension that the Jury will be in clined to consider the case under the un written law and to shield the defendant from possible capital punishment on ac count of her sex, and the Government spared no pains to procure assurance that there would be no lurking convic tions in the mh.ds of Jurors which would stand in the way of awarding punish ment in accordance with the testimony on those accounts. Many people were excused because they were opposed to capital punishment for women. " Mrs. Bradley to Testify. Mrs. Bradley , was accompanied to the courtroom by her mother, Mrs. Madison, who remained during the forenoon ses sion. During the early hours of the day, Mrs. Bradley appeared nervous and af- the Kaiser Meet and Exchange Stories. OR PS BRADLEY fected by all the references to the tragedy, but later regained her com posure. The courtroom was crowded, many of the spectators being women. . The charge upon which Mrs. Bradley is being '-tried is that of deliberately mur dering Brown in his room In a hotel In this city on December 8, 1906. Mrs. Bradley has admitted the killing, and there will be no effort to show that his death resulted from any other cause than the shooting. It is probable that she will be put on the- Btand in her own defense with the hope of Influencing the Jury in reaching the conclusion that her mind was so unsettled by the long continued wrong which it is alleged she had suffered that she was not responsible for her acts. She has never made any statement con cerning the details of her presence in the room when the tragedy took place. There is no other living person who was present at that time. It is known, however, that while the shooting occurred at 3 o'clock in the afternoon she had arrived in the city early that morning, having 'come direct from her home In Salt Lake City. The wounds on the Senator's body, one of which was on his hand and the other In his abdomen, showed that two shots had been fired. Of these the latter proved fatal within five days. Putting such information together as they have been able to obtain, Mrs. Bradley's attorneys have reached the con clusion that when she went to the Sena tor's room, which she did immediately upon her arrival, she found there cer tain letters from Mrs. Annie Adams, the actress, the reading of which greatly in censed her. She seemed then to have dis appeared and not to have returned until the afternoon, when, meeting Mr. Brown there, she upbraided him and, seeing him unwilling to marry her, fired the shots' which ended his life. A brief statement was made by Assist ant Prosecuting Attorney Turner concern ing the crime charged murder in the first degree. The statement evidently em barrassed the defendant. She placed her gloved hands to her face end her head shook perceptibly. Believes in Unwritten Law. Twelve men of the regular Jury panel were called. David M. Lee, a native of Richmond, replying ' to the questions asked, supplied the first stumbling-block. Asked if he could render a fair and im partial verdict, he replied: "I , am from a section of the country that believes in the higher law and am an advocate of it. I approve of what was done In the Culpepper case. I believe there are certain circumstances that Jus tify persons taking the law into their own hands." Mr. Lee retired upon peremptory chal lenge by the state. Samuel J. Gray, a negro, was excused on a peremptory challenge by the defense because he entertained prejudices against the plea of Insanity. "I Just don't be lieve In it," he said, when asked for an explanation, and Mr. Hoover lost no time in demanding h:i release. "I Just wouldn't vote that way," said Charles S. Wilcox, an Insurance man and a native of Georgia, In such clear and distinct tones as to cause a general dem onstration throughout the courtroom, when asked to express his opinion of cap ital punishment for a woman. He was promptly excused by the prosecution. SIX KILLED .AT CROSSING Foreign Factory-Workers Mangled ' by Train at Milwaukee. ' MILWAUKEE, Wis., Nov. 13.-6ix men were killed at South Milwaukee tonight when a fast Northwestern train plowed across a grade crossing near the station. All of the victims were so mutilated that Identification has been Impossible. All the killed were foreign factory workers. The injured include: Dr. H. H. Nadlga, health commissioner, rib and hose frac tured; Mrs. Daniel Laurer, aged 60, left ankle and shoulder blade fractured; Mrs. George Fadel, internally injured, serious. CONTENTS TODAY'S PAPER The Weather. YESTERDAY' S Maximum temperature, 60 degrees; minimum, 40 degrees. TODAY'S Occasional light rain; southerly winds. Foreign. Kaiser coldly received In London; he makes speech advocating peace. Page 4. Wholesale arrest of spies at Warsaw. Page 2. National. Roosevelt tells why he left "In God we trust" oft coins. Page 2. Secretary Taft tells changed plans for trip In wireless message. Page 1. Northwestern lumbermen's complaint to In terstate Commission against new rates. Page 5. Politics. J. J. Hill refuses to attend banquet with Tom Johnson. Page 4-. Domestic. Walsh trial begins and Federal attorney tells how he looted bank. Page 8. Guns and ammunition shipped to fight Utes. Page a. Unwritten law delays securing of Jury to try Mrs. Bradley. Page 1. Governor Hughes appoints committee on banking reform. Page 3. United States Court hears argument on whether Harriman should answer ques tions. Page 1. Charles S. Mellen attributes money strin gency to attacks on railroads. Page 2. Witness In Hearst libel case mistakes Hearst for Astor Chanler, who is suing him. Page 4- Graham Bell's airship launched. Page 4. Pacific Coaet. Detective McParland testifies of confessions among Mollie Magulres and how he ob tained them. Page 1. Woolgrowers close good convention at The Dalles. Page 5. ' Peaullar exploits In life of a Finn brought out In divorce suit in Cow 11 la County. Page 6- ' Commercial and Marine, Operations are returned In hop market. Page 13. Wheat advances sharply at Chicago. Page 16. Fall in stock prices checked. Page 15. Kerr-Glftord & Co. have large fleet of steamers in Portland harbor. Page 11. Portland and Vicinity. Methodist commute on Home Missions and Church Extension meets In Portland Page 7. " Willamette Valley apple display opens' In Portland. Page 10. National Bank Examiner Gatoh takes charge of Merchants National. Page 7. Council votes to retain old site for new garbage crematory. Page 14. County Clerk's office swamped with Instru ments filed for record. Page 10. List of Trophy winners In Horse Bhow pre pared. Page 9. WIRELESS GS TIDINGS TO TAFT Enjoying Voyage on Flagship Rainbow. REACH VLADIVOSTOK SUNDAY Anxious to Be Home and Stops Will Be Brief. BERLIN ENGAGEMENTS OFF Secretary May Also Cancel Official Entertainments Planned In St. Petersburg Expresses Satis faction With Political Xcws. ON BOARD ADMIRAL HEMPHILL'S FLAGSHIP RAINBOW, via wireless to U. S. Cruiser Chattanooga, acting as dispatch boat to Nagasaki, Nov. 13. Sec retary of War William H. Taft and his party are in the best of health and en joying a pleasant voyage.' The Rainbow Is due at Vladivostok at 11 o'clock on the morning of November 17. Secretary Taft will not know his routs through Europe or his plans there until he arrives at Vladivostok. It is very probable, however, that he will sail for New York on December 7, from Cher bourg, on the steamer Majestic, or from Hamburg on the Hamburg-American liner President Grant. ' Mrs. Taft will remain in Europe two weeks longer, but the Secretary of War Is anxious to get home, and all official entertainments at Berlin have been de clared off by him. He may also elimi nate the official entertainments which have been planned for him at St. Pe tersburg. Secretary Taft expressed his satisfac tion over the reports of the political sit uation at home as received by him. FRANCE WILL WELCOME TAFT Kaiser Will Entertain Him and Toner Has Programme. PARIS. Nov. U. The French Gov ernment is greatly pleased at the re ported decision of Secretary' William H. Taft to stop In Paris en route from the Far Fast, and is anxious to honor the American statesman. A dinner giv en by President Fallieres doubtless will form part of the programme, but everything will depend upon the length of the Secretary's Btay. Beyond the fact that he will arrive December 12, nothing is known. Even that date may now be changed by modification of Mr. Taft's itinerary after leaving St. Petersburg, Russia. Iu view of Emperor William's de cision to remain some time In England after his official visit to King Edward and his consequent absence from Ber lin while Mr. Taft will bo there, the Emperor has invited Mr. and Mrs. Taft to visit him in England. This in vitation, which was extended through Charlemagne Tower, the American Am bassador to Germany, who is now in Paris, should reach Mr. Taft upon his arrival at Vladivostok in November. Mr. Tower believes the Secretary will accept the invitation, which necessar ily will involve a rearrangement of his itinerary. The Ambassador, however, also expects the fulfillment of the Re mainder of the Berlin programme for Mr. Taft's entertainment, 'which in cludes a reception by the members of the American colony and Embassy and a dinner to be given by Mr. Tower In Mr. Taft's honor, and at which he will meet a number of high German dig nitaries. TWO BLOWN TO PIECES Explosion in Nitroglycerine Fac tory Felt 60 Miles. COLUMBUS, O., Nov. 13. Two men were killed and three or four injured in an explosion in the Hercules nitro glycerine factory at Bradner, Wood County,' today. The factory was de molished and a number of houses de stroyed. The concussion was felt for 60 miles. The dead: W. CISCO. JOHN WASHBURN'S, both employes of the factory. Harry Easton, superintendent, fatal ly Injured. Cisco was blown to pieces, not even a shred of his body being found. Wash, burne died a horrible death, lying screaming- on the ground among tha debris and burning timbers. Nothing remains of the factory except a hole in the ground. In Brad ner nu great damage was done except to windows and mirrors, which were shattered by hundreds. FREED FROM LIVING DEATH Miner 19 Rescued After 8 7 Hours of Imprisonment. POTT9VILLE. Pa., Nov. IS. Im prisoned for 87 hours several hundred feet beneath the surface of the earth, almost directly under his own home Michael McCabe was taken from the Draper mine barely alive today. Since Saturday, when the chamber in which he was working caved in, relays of workmen had toiled unceasingly to reach him. BR IN