THE MORNING OREGOyiAy. FRIDAY. MARCH 6, 1908.
t
RAILROADS SIDE
OF LUMBER CASE
Contend Low Rates Will Pre
vent Building of New
Roads.
BIG PROFITS ON LUMBER
'Kerr Give Figures on Mills Cotton
Ripfl Tp Teal's Argument and
Says Trust Alone Gains
f
by Low Kates.
U&EGORTXX- NX"VTS "Bt'R EXu; "vTasT
Jngion, March 6. Argument of the Pa
cific Coast lumoer case was resumed be
fore th? Interstate Commerce Commis
sion this morning. J. D. Kerr, repre
senting th Hill roads, frankly Mated
that the Northern Pacific and Great
Northern have reached their capacity for
handling traffic. He said as the. devel
opment of the North weft continued, traf
fic would grow. Therefore existing roads
muft increase their capacity or new roads
must be hnilt, but he declared no new
roads would be built to haul lumber wn
les they had a guarantee of a rate that
would be remunerative. If the old non
compensatory lumber rate is continued in
effect, money cannot be procured and
railroad building will stop, he said.
Booth-Kelly's Profits large.
Mr. Kerr denied that the lumber men
would be Injured by an Increase in the
rate. They can absorb the increase and
still make a handsome profit, he de
clared. The Booth-Kelly Company in
Oregon, which Is not operated under fa
vorable conditions, could, on the basis of
an advanced rate, still earn 31 per cent
annually on Us Investment. Some com
panies could make larger profits, others
not so much. Relative to the arguments
that lumber cannot move Into competitive
territory under an advanced rate, Mr.
Kerr showed that the St. Taul & Taeoma
Lumber Company, of Tacoma, paid 65
cents into this district for years and
made good profits. This is higher than
the proposed new rate.
W. W. Cotton, representing the Harri
man system, began his argument shortly
before the noon recess. He showed up all
manner of inconsistencies and Inaccura
cies In the brief and argument of J. N.
Teal which undermined Mr. Teal's con
tention that the railroads are making too
large a profit under their old schedules.
Cotton Gives Teal Hard Knocks.
Mr. Cotton said that if the Harriman
system, as contended by Mr. Teal, is
making more than a fair return on its
Investment, then the entire schedule of
rates should be readjusted and not alone
the rate on lumber. He denied that the
Harriman lines are securing more than a
fair compensation, however.
Mr. Cotton concluded his argument
with a strong appeal in behalf of the
Increased rate. He declared that under
the old rate only high-grade lumber and
larg timbers could be profitably sold
in Missouri River and Eastern markets
and that the commission could not with
justice establish a rate which would en
able Pacific Coast mills to put their
low-grade lumber In these markets, over
yin miles, from home, where it would
compete with similar grades of Minne
sota and Southern pine, not more than
ftOO miles distant.
Would Only Benefit Trust.
Moreover, he contended that the re
turn to old rates Would not benefit the
lumber manufacturers, but would solely
benefit Mr. Weyerhauser and other large
owners of stumpage In the Northwest.
They today are getting JtS stumpage for
the HAirm grade of timber that can be
bought In the South for $2.36. This, he
argued. Is another salient reason why
low-grade lumber from the Coast cannot
compete- In the Missouri and Mississippi
Valley with a similar grade from the
South. Sustain the new rate, he said,
and the Timber Trust will be forced to
reduce the price of stumpage perma
nently, as It has temporarily done since
the slump began.
The case was closed with a brief argu
ment by A. E. Griffiths on behalf of the
lumbermen.
Roads MuM Protect Employes.
HELEN' A. Mont.. March 5. The State
Hoard of Railroad Commissioners today
passed a regulation requiring railroads
operating mixed train service to put all
cars, save coaches, diners and sleepers,
ahad of mall and baggage cars.
The purpose is to protect employes in
the postal and baggage cars in case of
wrecks.
Railroad Must Pay Loss.
1IKLF;NA, Mont.. March S. The Su
preme Court today affirmed the decision
of the Yellowstone County District v-ourt
in awarding heavy damages to E- C.
Hussel! as against the Chigaco. Burling
ton & Qulncy Railway for loss sustained
by reason of delay in forwarding a live
stock shipment to Chicago last Fall.
M'COURT TO BE ATTORNEY
(Continued From First PRe.
pressed at the prospect of his removal
from the city.
McCourt has nothing further to say con
cerning the prospects of his appointment
than that if appointed and confirmed he
will accept the office.
The honor is particularly gratifying to
Mm. since It came without any fight hav
ing been nmde on his part. He did not
srnd a single recommendation to the del
egation. John McCourt was born in Canada,
T-bruary 2S. 1S7. his parents moving to
California the same year. He went to
Salem. Or.. In 1M and attended the Wil
lamette University, of that city. In l?3ti
he was graduated from the law depart
ment of that institution, be can the prac
tice of his profession, being associated
with Jay Bowerman. now State Senator
from Gilliam County. He remained In
Salem until when he came to Pend
leton, where he has since resided. He
formed a partnership with John J. Bal
liry, which was terminated by the death
of the latter In l!i3w In the same year
he became associated with -istrlct At
torney G. TV. Phelps, his present part
ner. He was a member of the special session
of the Legislature of ISPS and of the reg
ular session of ISf. being a Representa
tive from Marion County. At the spe
cial session he voted for Joe Simon for
Vni ted States Senator.
He was married to Miss Veva Boothby,
of Salem, in and they have a famiiy
of two children.
fw Washington National Banks.
OUEGoNI AN NEWS BCREAV. Wash
tngton, March 0. The following Wash
ington banks were today authorised to
begin business:
The First National Bank, of Odessa.
with $:..00o capital: C. H. Clodus.
president: Mr. Schaffer, vice-president;
Wllham P. Christensen. cashier. !
The First National Bank of Was li
ttle n a, with $".0,000 capital; W. R. Cun
nincrhn.m. president: O. H. Green, vice
president; William A. Pearce, cashier.
BONAPARTE ASKS FOR ACTION
Says Congress Should Authorize Suit
to Recover Land Grants.
O A EG ONI A N NEWS BUREAU. Wash
ington, March n. At the earnest solici
tation of Representative Hawley. Attorney-General
Bonaparte appeared be
fore the House subcommittee on pub
lic lands today In behalf of the Fulton
resolution authorizing the Department
of Justice to bring; suit agamst the
Oregon Sr California Railroad Company
to adjust its land grant. Mr. Bona
parte informed the committee that he
strongly favored the adoption of the
resolution without amendment, as its
adoption wiil enable the department to
make Its case complete and do thor
ougn justice to all parties interested.
Unless the resolution is passed, he
said, the court before which suit Is to
be brought might not admit all the
facts which the Department wishes to
present in evidence.
A further hearing will be had next
Thursday, at which Mr. Hawley, B. D.
Towns end and possibly other repre
srntatives of the Department of Jus
tice will he heard. It is expected that
this will be the final hearing and that
it will be followed by a prompt favor
able report on the resolution.
Representative Fordney, of Michigan,
also addressed the Commission. He ad
vocated an amendment to the resolution
to provide that innocent purchasers of
granted lands and of railroad bonds se
cured by them should not be made to
suffer through institution of such suits.
The hearing will be resumed March 12.
Reappoint Four Postmaster.
ORKGONIAN NEWS BUREAU, Wash
ington, March 5. After the settlement of
the District Attorneyship, the Oregon del
egation in Congress today recommended
the reappointment of the following Presi
dential postmasters: Alfred F. Jinegar,
Coquille; Robert H. Waller. Bandon; A.
M. Woodford, Medford; John F. Miller,
Jacksonville.
Gil
LOfj
BURIAL
Body of Anarchist in Potters'
Field.
POLICE SEARCH FOR PLOT
ANOTHER GOULD LINE FAILS
RECEIVER NA5IED FOR WEST
ERN" MARYLAND ROAD.
Intended Eastern Tidewater Termi
nus of fir eat System Cannot Pay
Interest on Bonds.
B A TjT I MORE. March 6. After the close
of court today a bill was filed in the
United States Circuit Court by the
Bowling Green Trust Company, of New
York, asking the appointment of receivers
for the Western Maryland Railroad.
Judge Thomas J. Morris appointed Presi
dent Benjamin F. Bush, the railroad hav
ing filed an answer admitting: the allega
tions In the bill of complaint and assent
ing to the receivership.
The allegation of the Bowling Green
Trust Company is that the "Western Mary
land will be unable to meet fixed charges
due April 1, amounting to Jl.250.0fl0. Mr.
Bush gave bond as receiver In JlOO.OfO. He
succeeded Winslow S. Pierce as president
of the road about a year ago.
The proceedings came as a surprise. Not
the slightest indication that they would
be taken had reached financial nor legal
circles during the day.
The Western Maryland was purchased
in 1902 for 18.000.000 by what was known
as the-Fuller syndicate for the Gould in
terests. At that time the road was in
debted to Baltimore City on account of
the mortgages and accrued- interest to the
extent of J12.O0O.OOO. At the time of its
purchase the road ran from Baltimore to
Cherry Run. about 0 miles from Cumber
land. At Cherry Run it connected with
the Baltimore & Ohio Railroad. Since
that time the. Western- Maryland had been
extended to Cumberland, to connect at
that point with the West Virginia Central
Railroad, previously . acquired by the
Gould interests, thus tapping very rich
coal territory.
There has been built a line about 0
miles long from the Northwestern suburhs
of this city to Port Covington on the Pa
tapsco River, thus bringing the Western
Maryland to tidewater. It was announced
that the. Western Maryland was to be the
Kastern end of a great transcontinental
system, of which the Wabash Railroad
and other Gould lines were to form parts.
Arrest of Harry Goldstein With
Trunk of Anarchistic Literature
Only Development in Cam
paign Against 'Reds."
CHICAGO. March 3. The body of
Lazarus Averbuch. the young Russian
Jew who tried to take the life of Chi
cago Chief of Police on Monday, was
buried in the potters' field. The assas
sin's sister. Olga Averbuch. her resources
exhausted, gave reluctant consent to. the
Interment yesterday, and in the darkness
tonight, with a dreary rain pouring
down, upaccompanied by friend or rela
tive, tne corpse or tne unrorcunate youtn
was taken to Dunning, the sit of the
county poorfarm. and there, by the light
of lanterns placed in the grave that had
been prepared, to be henceforth desig
nated by a number in the county records.
Picture Taken With Body.
Following her release from custody of
the police at noon, Averbuch's sister
made attempts to have her brother's
body given burial according to Jewish
rites. A number of undertakers were
communicated with in her behalf, but all
declined to take charge of the body. Ap
peal was made to several rabbis, with
like result. Coroner Hoffman then a;
ranged for the disposition of the body.
Before It was taken from the morgue.
Miss Averbuch asked and was permitted
to have a photograph taken of herself,
with her arms about the neck of her
brother's body. This done, she was led
away, sobbing, and later, when she re
covered her composure, was taken to her
home.
Search Tor Conspiracy.
Efforts of the police during the day V
uncover a possible conspiracy in connec
tion with the attempted assassination met
with little success. Tn the seisure of a
trunk full of literature belonging to Harry
Goldstein, the authorities believe they
have important evidence of Goldstein's
affiliation with anarchistic societies, but
there was nothing bearing upon the at
tempted crime.
One of the first effects of the united
action of various branches of authority
to suppress anarchy was the cancellation
of all engagements for Emma Goldman
to speak here. Owners of halls where
she was to appear were notified that such
meetings would not be permitted, and
acted accordingly.
All day the police searched for Miss
Goldman, who was reported to be in the
city, but up to a late hour tonight, she
had not been located. Assistant Chief
Schuettler said that he had no Inten
tion of arresting her, however, unless
she violated the law. which It Is be
lieved she now will not attempt to do.
ROAD VXABLE TO MEET LOAN'S
Western Maryland Directors Apply
for Receiver.
NEW YORK, March 5. The application
for a receiver for the Western Maryland
Railroad followed a meeting of the board
of directors held here yesterday, at which
a communication from President B. F.
Bush was read, reciting the financial
needs of the company, indicating that it
was unable to meet loans due on April 1,
next, artd calling attention to the com
modity clause of the rate bill, effective
May J. which makes It unlawful for any
roalroad company to transport as inter
state traffic any commodity or product
In which it may have any Interest.
Mr. Bush, in his statement regarding
the law, says:
The general Hen and convertible mortgage
of the company is In greater degree than the
stork vitally Interested in the preservation
ef the coal revenues of the company from
the adverse conditions of the commodity
clause of the rate bill. The coal properties
of this company are a material part of the
security for the company's mortgages, and
the revenues from Its coal business cannot
be sacrificed or seriously diminished -without
materially affecting its income applicable
to its junior securities. The law cannot be
generally observed. In the extreme con
struction to which it is susceptible, without
either the wholesale marketing of coal
lands, impracticable except at appalling loss
to proprietary and mortgage interests, or a
restriction of production to the fuel re
quirements of the roads, entailing vast
loss of revenue to them and inevitable ex
actions from the public.
I think it must be clear that the law
cannot be ignored until it has been declared
Invalid by the courts: that It cannot safely
be treated as inapplicable except with the
sanction of the court and that, if valid, the
realization of the company on the coal in
terest cannot be safely and conclusively
remoided except with the approval of the
courts.
1 recommend that the trustee of the
general lien and convertible mortgage be
apprised of the situation and the considera
tions here stated. The general Hen and
convertible mortgage, by its terms, con
templated surrender of possession to the
trustee in any contingency making this ac
tion Jus or desirable in the Judgment of
the company.
For the reasons stated, it appears that
such a contingency as here contemplated,
exists.
The directors approved the recom
mendations and the proceedings for a re
ceiver by the Bowling Green Trust Com
pany. the trustees of the general lien
and convertible mortgage, followed today.
Sails for Magdalena Bay.
SAN FRANCISCO. March 5. The
United States cruiser South Dakota
sailed last night for Magdalena Bay.
where the crew will engage in its first
target practice. The South Dakota is
carrying supplies for the Axlantic fleet. J
TAKE CEXSTJS OF FOREIGNERS
Aliens in Prisons and Asylums May
Be Deported.
NEW YORK, March 5. For the second
time since the passage of the new im
migration law tn 1303, details of immi
gration Inspectors hava started out to
take a census of the prisons. Insane asy
lums, reformatories and charitable in
stitutions of the country to collect sta
tistics relating to the number of aliens
in these institutions and those who hava
become public charges. The order direct
ing the details came from Frank P. Sar
gent, Commissioner-General of Immigra
tion. In official circles it is admitted
that future immigration legislation of a
radical character may result from the
reports brought by these investigators.
The sending of the investigators, It Is
said, is the first step in the war the De
partment of Commerce and Labor will
wage against anarchists and members
of pernicious secret societies. Under the
law an alien can be deported if he be
comes a public charge within three years
after landing. It Is believed that a large
percentage of the aliens now depending
on charity have not been in the coun
try three years, and therefore whole
sale' deportations will likely result.
TAFT LOSES IN NEVADA
Proxies Will Be Used to Indorse
Hughes.
' RENO. Nev.. March 5. (Special.) It
looks as though Taft had been euchred
out of the Republican indorsement in
Nevada. L. M. Blakeslee returned today
from a tour of the state with enough
proxies in the state central committee to
control the primaries. Blakeslee is a
Southern Pacific agent and an anti-Taft
man. He made the tour of the state for
the special purpose of getting enough
delegates to beat Taft.
The Taft element, headed by George
Springmeyer, will make a bitter fight, but
the advantage is all with Blakeslee. It is
stated that Hughes will get the benefit
of the Blakeslee proxies.
JOHNSON DELEGATES CONTROL
Minnesota Committee to Launch
Governor's Presidential Boom.
ST. PAUL, March S. The Dispatch to
dysays: One of the biggest political meetings in
the history of Democratic politics in
Minnesota, is expected tomorrow, when
the members of the Democratic state cen
tral committee gather in St. Paul to fix
dates for the coming state conventions
and arrange plans for the campaign.
The committee is composed oi 86 mem
bers and it is expected that each will
be represented, either in person or by
proxy. In fact, proxies have been eagerly
sought by the followers of Governor Johnson-
the one idea being to prevent their
falling into the hands of the Bryanites.
Members of what Is known as tne Gov
ernor's "kitchen cabinet" credit the com
mittee with nine out-and-out Bryanites.
The members, it Is said, will make stren
uous objections to any Johnson indorse
ment, tout they are so far in the minority
that their protest, beyond making trouble,
will avail them nothing.
It was rumored today that the commit
tee meeting would be the opening gun
in Governor Johnson's campaign for the
Democratic Presidential nomination. If
it is. he is not taking any hand In the
preliminaries, it being Indirectly the work
of his admirers.
HUGHES VICTORY IX NEVADA
State Committee Refuses to Indorse
Roosevelt and Taft.
RENO. Nev.. March 5. The Repub
lican state central committee met to
day and. after a lively session, failed
to pass resolutions Indorsing the
Roosevelt administration or mention
ins oae word for the candidacv of
We are pushing "The
Beaver Hat." It is the
best $3 Hat sold in Port
land. Worthy tiles to crown
the finest craniums.
Soft Hats and Hard
Hats in all the latest
blocks. "The Beaver"
is the best.
tf LION 3
CLOTMIMGCO
GnSKuhnProp'
166-168 Third St.
Secretary Taft. It was the first vic
tory for. the adherents of Governor
Hughes and will go far toward guiding
the convention's work when it meets
at Winneinucca April 2.
Maryland Delegates Chosen.
BALTIMORE. March 5. The Repub
lican conventions of the Third and
Fourth Congressional Districts tonight
named delegates to the National Con
vention. Both conventions passed resolutions fa
voring the candidacy of Secretary Taft
for the Presidency.
Vote for Taft to End:
PERRY. Okla.. March 5. The Frst Dis
trict Congressional convention held today
elected Charles Seeler, of Guthrie, and
Vernon Whiting, of Enid, as delegates to
the National Republican convention and
instructed them to vote for Secretary
Taft, "first, last and all the time."
SETTLE LABOR TROUBLE
Tie-Up of Steam Schooners Will
Soon Be Ended.
SAN FRANCISCO. March 5. A con
ference will be held next Saturday
morntng between a committee of the
Marine Engineers' Association and a
committee of the steam-schooner own
ers of San Francisco, at which it Is
expected the present plans of the engi
neers will be effected.
A special meeting of the engineers
will be held tomorrow afternoon at
which the terms of the settlement will
be discussed and generally passed on
and the agreement will he made Sat-
SPECIAL RANGE OFFER THIS WEEK
"Uye MALLEABLE"
INSTALLED IN YOUR HOME ON
THE LIBERAL PAYMENT TERMS
$1 IN THIRTY DAYS
$1 week THEREAFTER
The range of the 20th century combin
ing the sterling malleable construction
with artistic finish and the best of modern
improvements. "The Malleable" is the
product of experienced range-builders,
and it is through their skillful workman
ship that this splendid cooking apparatus has been brought to such a high
state of efficiency. Every joint throughout its construction is riveted to air
tightness, like a boiler a very important feature from a standpoint of econ
omy. Every one of "The Malleable" Ranges is submitted to three rigid in
spections before leaving the factory. To the intending range-buyer who has
in mind the selection of an indestructible, economical and satisfactory range,
this advantageous offer should prove most convincing. We give most reason
able allowance where old stoves or ranges are accepted in exchange.
ssw -in . -iiiy
lift 111
GAS STOVES
AND RANGES
IN THE
BASEMENT
DEPT.
II BAdeptENT C0MPLETE-H0U5E-FURni5HER5
M
NEW
G0-CAKTS
AND
CARRIAGES
NOW
SHOWING
urday affecting all vessels now tied up
in this port.
Freight rates have Increased during
the two weeks in which the steamers
have teen tied up and many sailing
vessels have gone into the lumber
carrying trade, at the expense of the
steam-schooner owners. Only two
schooners with nonunion engineers
have left since the tie-up.
VOTE COMPROMISE SCALE
But Gold field Miners Hold Out
Against Operators' Association.
GOLDFIBI-D, Nev.. March 5. Ixcal
Union No. 220, Western Federation of
Miners, today decided by a referenfi-um
vote of 456 to 256 to accept the Tonopah
scale of wages and declare the strike off
as to those properties which will pay the
Tonopah scale.
Some days asm representatives of 13 dif
ferent leases agreed to pay the Tonopah
scale, which is 50 cents per day less than
the former Goldfield scale, but 60 cents
more than the scale recently adopted by
the Mine Operators' Association.
The Mine Operators' Association will not
grant the advance. The association com
panies include all the big ml no of the
camp, and against these latter the strike
is still in effect.
The miners today elected an ultra-conservative
president by a vote of 4 to 1
against the radicals.
Molders' Lockout Is Ended.
DETROIT, March 5. Five thousand
stove workers, who have been Idle here
for six months owing to a strike of 300
stove molders, will return to work Mon
day. An agreement with the manufac
turing concerns was reached today by
the molders.
Read Sharkey's Sunday ad.
LIGHT ON NAVAL SCANDAL
Committee Will Investigate Pur.
chase or Torpedo-Boat.
WASHINGTON. March 5. The House
committee on rules today decided to re
port favorably the resolution of Lllley.
providing for the appointment of a com
mittee of five members of the House to
investigate charges of corrupt Influence
in connection with the authorisation tor
torpedo-boats.
Easier to Get Certificates.
WASHINGTON, March 5. The Sen
ate committee on commerce today
ordered reported favorably a bill legal
ising the custom of permitting local In
spectors of steam vessels to issue cer
tificates as to the competence of offi
cers and crw. Instead of requiring
them to be secured from the general
board of inspector.
IV
Purity there is nothing else half so
important in beer. And nothing else is
nearly so expensive.
Purity means absolute cleanliness.
It means freedom from germs. Even the air
in our cooling rooms is filtered. And every bottle
of Schlitz beer is sterilized after it is sealed.
It means an aged beer aged for months, until
it cannot cause biliousness.
Without those precautions, no beer can be healthful.
And who would
Ask for the Brewery Bottling.
Common beer is sometimes substituted for Schlitz.
To avoid being imposed ujxrtt, see that the cork or crown is brooded
That Made .Milwauke
knowingly
drink beer
that was
not?
Sherwood & Sberwwxf,
8 Front Street, Portland.
e r a m