i
TI7T2 MORNING OREGONIAN, WEDNESDAY, JANUARY 22, 1908.
CflOlGOESWILD
IE FIGHT
OVER
I
Jack Sullivan Outclasses Jo
seph Thomas in Bloody
Battle.
STAYS FULL TEN ROUNDS
Almost Out AVlien Final Gong Rings
and Is at Opponent's Mercy Half
the . Time So Ieclsion In
Conformity With Law.
I-OS ANGELES, Jan. 21,-Jack (Twin)
Sullivan, of Boston, outclassed Joseph
Thomas, of San Francisco, before the
Pacific Athletic Club, tonight, in a 10
round bout, but Thomas, by an exhi
bition of remarkable gameness, turned
what, seemed like a fiasco in the first
round Into one of the bloodiest and most
exciting battles ever seen here.
Thomas stayed the 10 rounds, although
he was at the mercy of Sullivan for half
the time and was almost out when the
final gong rang.
Sullivan slugged Thomas unmercifully
in every round, but Thomas staggered
through round after round utterly de
fenseless except for frequent rallies
which brought the crowd to its feet with
cheers for his gameness.
In conformity with the law, no de
cision was rendered.
MOORE SUES ST. JOHN CLUB
Ballplayer Asks for $502 for Serv
ices in Trl-CIty League.
Charles W. Moore, a ballplayer, is suing
the St. John ball club for $502. which he
claims is due him for playing with the
St. John team in . the Tri-City League
series last Summer. Moore filed his suit
in the Circuit Court' yesterday forenoon.
He says in his complaint that he was
first hired for $t!0 a month and for
the first 46 days of the ball
season was paid at that rate.
Then his pay was advanced to $100 a
month. At the end of the season he had
tXK) coming. He received $28. He wants
the balance. His suit is directed spe
cilically against Pascal Hill, Samuel Nor
ton, Fred Valentine, P. K. Goodell, R. D.
Jackson and D. C. Rodgers.
;OLG AT CI MILES AX HOUR
Five Teams Tied for First Place In
Race.
KANSAS CITY, Jan. 21. Maintain
ing an average speed of more than
SI miles an hour, the five leading
teams in the six-day bicycle race at
Convention Hall are still tied for first
honors. Monroe and Morgan, who have
been iding without partners, today
nvalh-d themselves of the rules gov
erning pairing and made a team. The
score at 10:40 o'clock tonight was:
Root-Folger, Lawson-Moran, Bard-gett-Mitten.
Hopper- lolbrook each
330 miles. 7 laps; Monroe-Morgan 330
miles. 4 laps.
Date for Tennis Matches.
NKW'TORK, Jan. 21. The committee
In charge of the schedule for court games
has set the racquet championship tour
nament for the Boston Tennis and
Racquet Club courts beginning February
!. The court tennis championship will
be held on the courts of the New York
Club, beginning April S. Charles E.
Sands. Joshua Crane. Pierre Lorlllard,
Jr.. and Kingdon Gould will be among
those who will try to wrest the title from
Jay Gould.
Will Discuss Forward Pass.
NEW YORK. Jan. 21. The forward
pass and many other much-discussed
points of the football rules will be dis
cussed and possibly modified at a meet
ing of the football rules committee, which
will be held In New York Friday and
Saturday. The intercollegiate Association
has already advocated a modification of
the rule, and several members of the old
committee are said to favor such modification.
the lumber and a greater part of the
ties will be given by farmers interested
in the line."
CHINESE CREW MUTINIES
Bloodshed Prevented by ' Four
American Miners With Guns.
VICTORIA, B. C. Jan. 21. The
Ftcamer Lonsdale, which returned this
morning from Salina Cruz, brought a
Mexican crew in place of the Chinese
crew taken south. The Chinese
mutinied when 120 miles from Salina
Cruz and were jailed. These Chinese
ringleaders confessed at Salina Cruz
the plan was prepared some days be
fore, and the hammer had been filed
from Captain Shadforth's revolver,
making It useless when he tried to fire
at the mutineers, who were to cut the
throats of the, seven white officers and
throw them overboard.
When Captain Shadforth went for
ward to see why they didnot turn to. a
Chinese quartermaster was at the
wheel. He put It hard over and tried to
run (he vessel ashore near Port Angeles
lighthouse. The chief officer took the
wheel away and blew alarm signals
with the whistle. Meanwhile Captain
Shadforth had run aft. followed by a
sliowcr of missiles, for his revolver,
and the Chinese chased after him, to
find four American minors who had no
ticed the Impending trouble, blocking
the alleyway through the shelter deck
with pointed rifles and revolvers. "When
the white crew, well armed, came to
their assistance, the Chinese. wore
forced forward and hold at the points
of revolvers until, with the assistance
of the passengers, the steamer was
winked into Salina Cruz.
OPEN CHEHALIS COAL MIXES
Local Business Men Undertake Proj
ect With $100,000 Capital.
CHEHALIS, Wash.. Jan. 21. (Spe
cial.) Active work began today on the
properties of the Coal Creek Coal Com
pany. Yesterday the deal was closed be
tween J. B. Leonard, of Chehalis, for the
sale of his 4S0 acres of coal land directly
east of town to associates for $30,000. Mr.
Leonard takes a quarter interest in the
company, which has been incorporated
with a paid-up capital of $100,000. The
other incorporators are Brown Brothers,
A. H. and C. L., sawmill men of Che
halis, and John Stout, an experienced
miner. These men are local capitalists,
and it is "believed that if any one can
make this project go they can. They
have the choice of 11 different veins for
development work. One vein is 12 feet
thick. The coal is good, clean lignite.
XEW SCHOOL AFTER 30 YEARS
Canyonvllle Progressives .Win Fight
After Many Defeats.
CANYONVILLB, Or.. Jan. 21. (Spe
cial.) Cany onville has voted to build a
new schoohouse. - This question has been
a very heated one here. Four elections
have been held. In two the proposition
was lost, in the other the schoolhouse
won by one vote, but the opposition is
sued an injunction to restrain the board
from taking any action, and won the
suit. In today's election, there were 59
votes in favor of the building and 37
against It. The board Is authorized to
create an Indebtedness of $4500 to build
and equip the building, and to dispose of
the old one to the highest bidder. To is
sue warrants for the payment of the In
debtedness, one-fifth to be paid each year
until all is paid. The old building has
been in use for over 30 years and is in
poor condition, and affords poor accom
modation for teachers and pupils.
ACCEPT LOWER WAGE SCALE
Seattle Longshoremen Decide to Re
turn to AVork.
SEATTLE. Wash., Jan. 21. (Spe
cial.) All danger of a strike on the
part of the longshoremen is past. At
a meeting today it was decided to
sign the scale proposed by the ship
owners despite the fact that a week
ago the longshoremen were declaring
that they would quit work rather than
accept a lower wage.
For the past year the longshoremen
as a result of a strike of one year ago
have been receiving 45 cents an hour
and 60 cents overtime. The new scale
calls for 4) cents an hour and 50 cents
overtime. This is the rate of pay pre
vious to last year's agreement.
PUTS BULLET IXTO HUSBAXD
Montesano Woman Mistakes Spouse
for Burglar.
MONTRSANO, Wash.. Jan. 21.
(Special.) Shot by his wife, who mis
took htm for a burglar, was the ex
perience of J. Edwards of this, city
Sunday night. Early In the evening
Mr. Edwards went to town and was
told by his wife to Return early or the
doors would be locked. He went home
later than usual and found the doors
locked; after trying to gain admission
at the front door he went to the back
door, which he forced open. It was
then he was shot, the bullet hitting
him in the leg. Mrs. Edwards was Just
ready to shoot again when, he called
out. The wound is not dangerous.
COUGAR TERRIFIES CHILDREN
Colfax Hunters Unable to Locate
Fierce Mountain Lion.
COLFAX, Wash.. Jan. 21. (Special.)
Six trained , cougar dogs and GO hunters
today failed to catch the much-wanted
cougar which early this morning made its
third visit to the Lewis Cochran ranch
This time It Jellied one pig and put up a
strong fight with three dogs. Today the
dogs took up the trail, working fine for
six miles, losing the trail along the Pa-
louse River. Children of the neighbor
hood are afraid to go and come from
school. Several ranchers with dogs will
remain at the ranch tonight.
Academy of Science Officers.
CORVALLIS, Or., Jan. 21. (Special.)
The third annual meeting of Oregon
State Academy of Sciences was held
at the O. A. C. January 17 and 18. The
programme covered four sessions and
was of excellent character.
At the business meeting the follow
ing officers were elected for the ensu
ing year:
President, A. R. Sweetser, Bugene; first
vice-president, H. T. Bohlman. Portland; sec
ond vice-president. A. B. Cardley, CorvaUia:
third vice-president, L. A. Robinson, Mon
mouth: recording secretary. Dr. Ernest Bar
bon, Portland; corresponding secretary, C. 3.
Bradley, Corvallls; treasurer, C. O. Chambers,
Forest Grove: librarian and curator, A. W.
Miller, Portland; trustees, J. C. Bordwell,
James Withycombe? P. 1. Campbell.
Hear Land Contest Case.
OLYMPIA. Wash.. Jan. ZL (Special.
Contests involving valuable timber lands
at Aberdeen were heard today by the
State Board of Land Commissioners. De
cisions were taken under advisement.
The claimants are each asserting upland
ownership as a basis for preference right
to buy the tide lands from the state at
appraised valuation. The contestants are
the Union Mill Company, McGowan &
Sons, J. P. Sicourmet. Northern Pacific
Railroad Company and R. A. Wiley.
PRESENTOFMINERS
Chit-Chat of Sporting
World
Draft Tendered Retiring John
Mitchell.
MAKES AFFECTING SPEECH
Touched by the Gift, but Says He
Does Xot Xeed It To Be Sent to
His Wife to Educate the Boys.
1 9th Annual Convention.
INDIANAPOLIS, Jan. 2L President
John Mitchell, of the United Winework
ers, made, perhaps, the most eloquent
speech of his life today when he was
forced to accept a gift of $2700 tendered
him by the miners , of Montana and
Wyoming as a token of their apprecia
tion of his efforts to make their con
dition better.
Thomas Gibson, president of the Mon
tana Miners, had come to the platform
carrying a draft for $2300. He said the
draft was backed by a smaller amount
which, would bring the amount up to
12700.
'We do not come with a loving cup,"
he said, "but we feel it Is our duty to
give some testimony of our appreciation
of what President Mitchell has done for
us."
As Mr. Mitchell arose, tears rose In
his eyes and he spoke with emotion.
Gentlemen of the convention, he
said, "and particularly . the miners of
Montana and Wyoming, I cannot ex
plain how I appreciate this expression of
goodwill and confidence in me. I do not
know what to do I don't want the
money. If I could ask you to take it
back and give it to the men who sent it
here and feel sure that they would know
I appreciate their confidence as much
as though they had given me as many
millions as they have hundreds, I would
feel better about It.
Use It for His Boys.
"I prefer that you take the money
back, but if you cannot do that without
danger of giving offense to the good
people who sent it to me then send it
to Mrs. Mitchell and let her use It to
educate our boys."
The draft will be sent to Mn. Mitchell.
The lirth annual convention of the Unit
ed Mineworkers of America opened today
with 1000 -delegates, representing the an
thracite and bituminous coalmining dis
tricts of the country. The convention
will remain in session probably until
after January 30, on which date the min
ers and operators of the central competi
tive field will meet in conference to dis
cuss the revival of the interstate wage
agreement. Should the operators de
cline to meet with the miners, the con
vention will then determine upon the or
ganization's future course.
The convention has especial interest as
marking the official retirement " of Presi
dent Mitchell, who has been at the head
of the organization for nine years and
seven months. His term will expire April
1. On account of ill health he declined to
stand for re-election. The miners have
voted by unions for new officers, and the
tellers are at work on the count.
Union No. 859, of Belleville, present
ed John Mitchell with a loving cup.
With his annual report President
Mitchell submitted a series of statis
tical tables, indicating the growth,
progress and achievements of the or
ganization during his presidency. The
average paid-up membership has in
creased from 9731 in 1897 to 263,726 In
1907. The increase last year was 35,305.
Attention was called to mine casualties.
and laws further protecting miners were
asked tor. The adoption of an insur
ance plan similar to that of the railroad
brotherhoods was advocated, with an in
demnlty of $100. Attention was called to
the need of child labor laws. The propo
sition to consolidate with the Western
Federation of Miners was not favored.
President Mitchell referred to his
service of nine yeare and seven months
as president, and regretted his inabil
ity to serve longer on account of his
health.
Report on Disasters.
In his report, Vice-President T. L.
Lewis, speaking of mine disasters, said:
With no organization. the Individual
miner who complains that the mining laws
are not enforced, is discharged. The miner
may.know that he is in constant danger of
death on account of the neglect of the
mineowners, the same miner runs the risk
of his life, rather than lose his job. The
miner fs prevented from organizing by the
intimidation of the operators. He is pre
vented from organizing by the Injunction of
Federal; Judges. He cannot insist on the
enforcement of the mining laws, because he
has no union to protect htm. In event of an
explosion in a mine, under those conditions,
I would ask in all seriousness, who is re
sponsible for the loss of the miners' lives?
This is a question that requires the serious
consideration of every miner and every
citizen of this country.
Secretary-Treasurer W. B. Wilson, in
his report says one year ago there was
on hand $337,960 in the Treasury. There is
now on hand, $864,890. Large as this sum
is, Mr. Wilson said there should be In the
Treasury not less than $10,000,000 in case
of a general strike. The increase in the
treasury was due to peaceful conditiens
during the year. The receipts during the
year were $910,742. The expenditures were
$383,812. .
Xordstrom Clever Criminal.
ASTORIA, Or., Jan. 21. (Special.) It
Is now learned that Turie Nordstrom, the
young matt, who forged a draft for $15,
000 on the First National Bank of Chi
cago, alleged to have been issued by the
First National, of this city, did not go
FOR TODAY
FOR TODAY
FOR IMMEDIATE CLEARANCE .
ALL ROLL TOP OFFICE DESKS
BELOW ACTUAL WHOLESALE COST
FOR IMMEDIATE CLEARANCE
ALL TYPEWRITER DESKS AND GH AIRS
BELOW ACTUAL WHOLESALE COST
FOR IMMEDIATE CLEARANCE ' C '
ALL COMBINATION DESKS AND BOOKCASES
BELOW ACTUAL WHOLESALE COST
FOR IMMEDIATE CLEARANCE
ALL CABINETS AND CHINA CLOSETS
BELOW ACTUAL WHOLESALE COST
- FOR IMMEDIATE CLEARANCE
ALL EXTENSION DINING TABLES
BELOW ACTUAL WHOLESALE COST
Oregon's Largest and Best Furniture House of
I. GEVURTZ & SONS
FIRST
ON YAMHILL
SECOND
directly to England as was believed at
first. When he cashed the draft in Chi
cago, on December 3, he took $2509 in
money and the balance in drafts on
banks in various foreign cities. He used
the name of C. A. Cole and had a forged
letter of introduction stating that he was
junior member of the Arm of F. A. Cole,
Son & Co., wholesale grocers, of Astoria.
From Chicago he went to New York and
there cashed his foreign drafts. Then he
doubled on his tracks and was in San
Francisco on December 12, and three days
later was In Salt Lake City, but there
trace of him was lost.
Take Up Fish-Trap Dispute. '
ASTORIA, Or., Jan. 21. (Special.) This
morning Secretary Rosenberg, of the
United Fishermen of the Pacific, received
a letter from Colonel Roessler of the
United States Engineer's office, notifying
him that Colonels Leach and Lockw'ood
will be in Portland tomorrow to take up
the dispute arising from the complaints
of fishermen that a number of flshtraps
above and below Point Ellice are en
dangering the navigation of fishermen's
boats and that other traps above Fort
Columbia wharf were illegally driven
further out than originally allowed by
the Secretary of War. Colonel Roessler
also stated that the trapmen have been
notified to be present. Secretary Rosen
berg and Secretary Lorntsen of the Co
lumbia River Fishermen's Protective
Union left for Portland this evening to
attend the hearing.
John Urfer Is Acquitted.
John Urfer was acquitted in short or
der yesterday afternoon by a jury In the
State Circuit Court of a charge of assault
with a knife on Charles Goff. The stab
bing was. done in Urfer's store in Brook
lyn on the night of June 27 last year. Th(
testimony showed that bad blood had ex
isted between Goff and Urfer for severs.
months previous to the affray.
, Labor Party Rejects Socialism.
HULL, Eng., Jan. 21. The Labor party
held a conference here today at which an
amendment to the constitution binding
the party to socialism was rejected by a
large majority.
Custom-made shoes at foetory cost
at Rosenthal's house-cleaning sale.
Commissioner Smith vs. The Standard Oil Co.
From the Railway World, January 3, 1908
WILL EVADE THE GRAIN' TRUST
N'ci Perce Farmers Propose to Build
Own Itoad and Warehouses.
SPOKANB. Wash.. Jun. 21. (Special.)
"We expect to have a railroad line run
ning into N i IVreea by next October,"
ah A. O. Kitzcn. a well-known Icx
IVi-t-r business mnn. at Lewlvton. Idaho,
tniiny. "And. furthermore wo will have
lxrite independent warehouses built to
care for grain produced on our fertile
farms. We have four miles of road
graded and we will present the proposi
tion to the Lewiston & Southeastern
Kloctric Company, which proposes to
build an electric line into our town, and
if they are not in position to commence
work reasonably soon, we will build our
own line. We will be required to build
14 miles of road to connect with the
GraliKeville extension of the Northern
Pacific near Vollmer, and practically all
of the labor will be donated, while all of
TOMMY BURNS sends to Chit-Chat a
copy of the articles of agreement. for
his fight with Jem Roche, the heavy
weight champion of Ireland. The battle
will be for $15,000. They will fight March
17. ;
" Kcfore the. fans are more than two
years older, they will see Portland, Seat
tle, Tacoma and Spokane in the Coast
League. This is no pipe dream.
A month ago Abe Attell said to Frankie
Neil: "I'll fight you for a plugged dime."
Neil said: "I'll fight you for the hole in
a doughnut." They will fight and divide
the ptirse. One is barroom talk and the
other is "business" conversation.
Have you ever noticed that the French
Counts who mnrry rich American girls
all have ladylike names. Supposing
prize fighters had such names as Helle,
Bonl and Maria, would you go to see
them in action?
Chit-Chat was about to issue a cham
pionship title to the Philadelphia dad.
who ppent xMt.OOO on his daughter's com
ing out party. Now a New York paper
goes him $100,000 better. The fool title
has been withheld.
If all of the dead ones in the sporting
world were called to check in there
would be some reason to be alarmed over
the diminishing timber supply cry started
by the timber land grabbers. Coffins
would be In great demand.
INVALUABLB
Whisky and glycerine, mixed
with Virgin Oil of Pine, is said to
break up a cold, in 24 hours and
cure any cough that Is curable.
Get from your druggist one orie
half ounce vial of Virgin Oil of
Pine compound pure, and two
ounces of glycerine. Mix these
thoroughly with a half-pint of good
whisky and take a teaspoonful
every four hours. It has been
found that five ounces of tincture
of Cinchona compound can be
used in place of whisky with the
same result. Virgin Oil of Pine
compound pure Is put up only by
the Leach Chemical Co., Cincinnati,
O.. In half-ounce vials, each vial
securely sealed in a round wooden
case. Be sure to get the genuine.
Beneficial to elderly people
who suffer from dryness of
mouth and throat. tM only.
Mr. Herbert Knox Smith, -whose zeal in the
cause of economic reform has been in no wise
abated by the panic which he and his kind did
so much to bring on, is out -with an answer to
President Moff ett, of the Standard Oil Company
of Indiana. The publication of this answer, it is
officially given out, was delayed several weeks,
"for business reasons," because ,t was not
deemed advisable to further excite the public
mind, which was profoundly disturbed by the
crisis. Now that the storm clouds have rolled by,
however, the Commissioner rushes again into the
fray- ...
Our readers remember that the chief points in
the defense of the Standard Oil Company as
presented by President Moffett, were (1) that the
rate of six cents on oil from Whiting to East St.
Louis had been issued to the Standard Oil Com
pany as the lawful rate by employes of the Alton,
(2) that the 18-cent rate on file with the Inter
state Commerce Commission was a class and not
a commodity rate, never being intended to apply
to oil (3) that oil was shipped in large quantities
between Whiting and East St. Louis over the
Chicago and Eastern Illinois at six and one
fourth cents per hundred pounds, which has been
filed with the Interstate Commerce Commission
as the lawful rate, and (4) that the 18-cent rate
on oil was entirely out of proportion to lawful
rates on other commodities between these points
of a similar character, and of greater value,- such,
for example, as linseed oil, the lawful rate on
which was eight cents. President Moffett also
stated that thousands of . tons of freight had been
sent bv other shippers between these points un
der substantially the same conditions as governed
the shipments of the Standard Oil Company. .
This defense of the Standard Oil Company was
widely quoted and has undoubtedly exerted a
powerful influence upon the public mind. Nat
urally the Administration, which has staked the
success of its campaign against the "trusts"
upon the result of its attack upon this company,
endeavors to offset this influence, and hence the .
new deliverance of Commissioner Smith. a
We need hardly to point out that his rebuttal
argument is extremely weak, although as strong,
no doubt, as the circumstances would warrant. He
answers the points made by President Moffett
substantially as follows: (1) The Standard Oil
Company had a traffic department, and should
have knowu that the six-cent rate had not been
filed, (2) no answer, (3) the Chicago and Eastern
Illinois rate was a secret rate because it read, not '
from Whiting, but from Dolton, which is de
scribed as "a village of about 1500 population
just outside of Chicago. Its only claim to note is
that" it has been for many years the point of
origin for this and similar secret rates." The ;
Commissioner admits in describing this rate that
there was a note attached stating that the rate
could also be used from Whiting.
The press has quite generally hailed this sta'ter
ment of the Commissioner of Corporations as a
conclusive refutation of what is evidently recog
nized as the strongest rebuttal argument ad-vanc.-d
bv the Standard.
In fact, it is as weak and inconclusive as the.
remainder of his argument. The lines of the
Chicago and Eastern Illinois do not run into Chi
cago. They terminate at Dolton, from which point
entrance is made over the Belt Line. Whiting,
where the oil freight originates, is not on the
lines of the Chicago and Eastern Illinois, which
receives its Whiting freight from the Belt Line at
Dolton. . Th" former practice, now discontinued,
in filing tariffs was to make them read from a
point on the line of the filing road, and' it was also
general to state on the same sheet, that the tariff
would apply to other points, e. g., Whiting. The
Chicago and Eastern Illinois followed this prac
tice in filing its rate from Dolton, and making a
note on the sheet that it applied to Whiting. This
was in 1895 when this method of filing tariffs
was in common use.
, Now let us see in what way the intending ship
per of oil could, be misled and deceived by the
fact that the Chicago and Eastern Illinois had
not filed a rate reading from Whiting. Commis
sioner Smith contends that "concealment is the
only motive for such a circuitous arrangement,",
i. e., that this method of filing the rate was in
tended to mislead intending competitors of the
Standard Oil Company. Suppose such a pros
pective oil refiner had applied to the Interstate
Commerce Commission for the rate from Chicago
to East St. Louis over the Chicago and Eastern
Illinois, he would have been informed that the
only rate filed with the commission by this com
pany was 6V4, cents from Dolton, and he would
have been further informed, if indeed he did not
know this already, that this rate applied through
out Chicago territory. So that whether he wished
to locate his plant at Whiting, or anywhere else
about Chicago, under an arrangement of long
standing, and which applies to all the industrial
towns in the neighborhood of Chicago, he could
have his freight delivered over the Belt Line to
the Chicago and Eastern Illinois at Dolton and
transported to East St. Louis at a rate of
cents. Where then is the concealment which the
Commissioner of Corporations -makes so much off
Any rate from Dolton on the Eastern Illinois or
Chappell on the Alton, or Harvey on the Illinois
Central, or Blue Island on the Rock Island, ap
plies throughout Chicago territory to shipments
from Whiting, as to shipments from any other
point in the district. So far from the Eastern
Illinois filing its rate from Dolton in order to de
ceive the shinner, it is the Commissioner of Cor
porations who either betrays his gross ignorance
of transportation customs in Chicago territory or
relies on the public, ignorance of these customs
to deceive the public too apt to accept unques
tioningly every statement made by a Government
official as necessarily true, although, as in the
present instance, a careful examination shows
these statements to be false.
The final point made by President Moffett that
other commodities of a character similar to oil
were carried at much lower rates than 18 cents,
the Commissioner of Corporations discusses only
with the remark that "the 'reasonableness' of
this rate, is not in question. The question is
whether this rate constituted a discrimination as
against other shippers of oil," and he also makes
much of the failure of President Moffett to pro- '
duce before the grand jury evidence of the al
leged illegal acts of which the Standard Oil offi
cial said that other large shippers in the territory
had been guilty. Considering the fact that these
shirkers included the packers and elevator men
of Chicago the action of the grand jury in calling
upon President Moffett to furnish evidence of
their wrong-doing may be interpreted as a de
mand for an elaboration of the obvious; but the
fact that a rate-book containing these freight
rates for other shippers was offered in evidence
during the trial and ruled out by Judge Landis
was kept out of sight. President Moffett would
.not, of course, accept the invitation of the grand
jury, although he might have been pardoned if he
had referred them to various official investiga
tions by the Interstate Commerce Commission
and other departments of the Government.
We come back, therefore, to the conclusion of
the whole matter, which is that the Standard Oil
Company of Indiana was fined an amount equal
to seven or eight times the value of its entire
property, because its traffic department did not
verify the statement of the Alton rate clerk, that
the six-cent commodity rate on oil had been prop
erly filed with the Interstate Commerce Commis
sion. There is no evidence, and none- was intro
duced at the trial, that any shipper of oil from
Chicago territory had been interfered with by
the eighteen-cent rate, nor that the failure of the
Alton to file its six-cent rate had resulted in any
discrimination against any independent ship
per, we must take this on the word of the Com
missioner of Corporations and of Judge Landis.
Neither is it denied even by Mr. Smith that the
"independent" shipper of oil, whom he pictures
as being driven out of business by this discrim
ination of the Alton, could have shipped all the
oil he desired to ship from Whiting via Dolton
over the lines of the Chicago and -Eastern Illinois
to East St. Louis.. In short, President Moffett 'a
defense is still good, and we predict will be so
declared by the higher court.
The Standard Oil Company has been charged
with all manner of crimes and misdemeanors. Be
ginning with the famous Rice of Marietta, pass
ing down to that apostle of popular liberties,
Henry Demarest Lloyd, with his Wealth Against
the Commonwealth, descending by easy stages to
Miss Tarbell's offensive personalities, -we finally
- reach the nether depths of unfair and baseless mis
representation in the report of the Commissioner
of Corporations. The Standard has been charged
with every form of commercial piracy and with
most of the crimes on the corporation calendar.
After long years of strenuous attack, under the
leadership of the President of the United States,
the corporation is at last dragged to the bar of
justice to answer for its misdoings. The whole
strength of the Government is directed against it
and at last, we are told, the Standard Oil Com
pany is to pay the penalty of its crimes, and it is
finally convicted of having failed to verify the
statement of a rate clerk, and is forthwith fined
a prodigious sum, measured by the car. Under
the old criminal law, the theft of property worth
more than a shilling was punishable by death.
' Under the interpretation of the Interstate Com- .
merce law by Theodore Roosevelt and Judge Ken
esaw Landis, a technical error of a traffic offi
cial is made the excuse for the confiscation, of a
vast amount of property.