VOL. XLVIII. NO. 11,761. PORTLAND, OREGON, FRIDAY, MARCH 20, 1908. PRICE FIVE CENTS. CONGRESS HEARS LABOR'S Employers' Liability Bill Promised. MEMORIAL SCORES COURTS Crisis Caused by Decisions in Labor Suits. ACADEMIC RIGHTS GIVEN Cannon Promises, Liability l,av, but Is Silent on Eijcht-Houi, Injunc tion and Boycott Amend men t to the Sherman Law. WASHINGTON. March 19. Speaker Cannon and Vice-President Fairbanks today announced their tplicf that the present Congress will pass an employ ers liability act whlvh will meet and overcome the unconstitutionality of the present law pointed out by the Su preme Court of the United states in a recent decision. These statements were made unre servedly by the speaker and guarded ly by the Vice-ProFfdent to a delega tion led by Pamuul Gompers, president of the American federation of Labor, from 87 National and international trade and tahor and farmers organi sations assembled in a National con ference In this city. The delegation railed on the Speaker to lay before the IIoiiHe of representatives, through him, a memorial entitled, "Labor's protest to Congress." The scope of thAs memo rial was set forth Ih the Tallowing opening paragraphs: Courts Invade Prerogatives. In tbf nam of labor we now urge upon Congress the neceKaUy of iTnmdiat action for tho relief from the must grave and moment)" pltuntlnr, which has ever con frrnuad th working people of this country. Thh crii h bn brought about by the application. b tli Suprftiw CVrurt of the t'nlc4 5tte of th Sherman anti-truM Jaw (rkr. bitU organized and In their Individual capacity. L-abor and the people generally look askance at the invasion of the court upon prengttlvf of the lawmaking and execu tive department of our Government. There in nomethtne omtnoup In the Ironic manner Jn which the courts guarantee to worker: The right to be maimed and killed with out liability I tho employer. The right to be discharged for belonging to a union. The right to work as many hours as employers please and under any conditions which they may Impose. Labor I justly Indignant at the bestowal or guaranteeing of these worthless and academic "rights"' by the courts, which In the same breath deny and forbid to the worker the practical and necessary protec tion of law which define and safeguard Ihelr right and liberties and the exercise Of them individually or In association. rerverMon or Sherman Law. The protest submitted by Mr. Gompers and his asyociatcs, Joseph Valentine, eighth vice-prcident of the American Federation of l-abor; W. R. Fairley of the United Mineworkers of America; C. l. Barnett of tho American Society of P5qu.ty: W. D. Malion. president of the Amalgamated Street Electric Railway Km ploy en, and P. J. McArdle of the Amal gamated Association of Iron & Steel workers, refers to the Supreme Court de cision lu the hitters' case as the "jnost recent petvemlon of the Intent of a law ry the judiciary by which the Sherman a ntMrust law has been made to apply to labor, although it was an accepted fact that Congress did not intend the law o to apply and might even have speci fically exempted labor but for the fear that the Supreme Court might construe tfuch an affirmative provision to be un constitutional. The memorial says: Restrict Power of Courts. The worker earnestly urge Congress to eo-or.ersts with them in the upbuilding and educating of a public sentiment which will routine the Judiciary to its proper functions. We favor enactments of law which shall 1 est rlct the Jurisdiction of cvurts of equtt y to property and property rights, and shall so designate property and property rights that neither shall there he held to be prop erty nr property rishts in the labor or labor rower of any person or persons. How to Amend Sherman Law. The memorial submits to Congress for consideration two amendatory provisions in substance as follows: That nothing in said act tShcrinan anti trust law) or in this act is Intended nor shall any provision thereof hereafter be enforced so a to apply to organisations or association not for prvflt and without capi tal Mock nor to the members of such organi sations or associations. That nothing In said act tSherman anti trust, law or In this act i intended or shall any provision thereof hereafter be enforced to as to apply to any arrangements, agree ment a or combinations among persons cn guged in agricultural or horticultural pur suits nude with a view of 'enhancing ths price of their own agricultural or horticul tural i-voductions. 31easures Labor Demand. Oongrrni is informed in the memorial that additionally, "the mot important measures" which labor urges are: The Teare bill to regulate and limit the Issuance of" injunctions; the employers liability bill: the bill extending the appli cation of the eight-hour law to ail Gov ernment employes and those employed on work for the Government by contractors or sub-contractors. The memorial says: We come to Congress, hoping for a prompt and adequate remedy for the grievances of hlch e juMly complain. The psychologi cal moment has arrived for a total change of Government policy toward the workers. TV nil no member of Congress or party ran evade or avoid his or thetr own indi vidual or l-arty chars In ths responsibility, me aver th party In power must and will fey labor and Us sympathisers bs held pri DEMAND marily responsible for the failure to give the prompt and full and effective Congres sional support we now hold to be within its power. The repreFsion of right and natural activi ties Is bound to'flnalry break forth in vio lent form of protest, especially among the more Ignorant of the people, who win feel great bitterness if denied the consideration they have a right to expect at the bands of Congress. Cannon Promises Relief. Responding to the presentation of the memorial by Mr. Gompere, Mr. Cannon said In part: I speak as a Representative and not for Congress. It is proper for me to say, touch ing your reference to the employers lia bility bill or law. that I am of the belief as I move about and come into contact with members of the Houw that there has been no time since the delivery of the opinion of the court in the case referred when there has not ben a sentiment, I should say well nigh universal. In the Houm to enact flitch an employers' liability bill the original of which originated Jn the House and which, has recently been construed by the court in conformity with the opinion of the court as will give a remedy tu employes for in juries, taking care, so far as Congress or the Houe may be able to do so. that it be framed that it will be sustained by the courts. Fairbanks' Mild Promise. The delegation called on the Vice-President at 5:30 Vclock. Gompers intro- : - i I I-., it 7 mwifav&imw0W;w torn it wnnm it 7 7 'William Schuyler Jack mod, At f 'William Schuyler Jack mod, At-toruey-Cieneral of New York, Accused of Making Bank Re ceivers; Share Fees With Htm, duced his associates and explained briefly the purpose of "the visit. Mr. Farley read the statement of grievances, whereupon the "Vice-President responded aa follows: Tour position is clearly and strongly pre sented. I will see that It is brought to the at tention of the Senate, as you desire, at the earlteitt moment possible. Speaking per sonally, I hooe and believe that Congress will be d I s posed to give to the 1 mpor tnt subjects you have called to its attention that consideration which their importance Justifies, to tlis end that Justice a,nd fatr i) rn ma), be done. ENOUGH OF WEDDED LIFE ANNA iOCIT JECL,ARES SHE WILIj NOT MARRY AGAIN". Firmly Denies She Is Engaged to Helie de Sagan Conies to Visit . Her Sister in New York. NEW YORK, March 19.-'Madame Anna Gould, ''the divorced 'wife of Count Bonl de Oastellane, arrived today on the steamer Adriatic and took immediate oc casion to stifle the gossip that, shuttling between continents, has associated ' her future plans with the name of Helie de Satan. Posing as her champion follow ing the divorce proceedings, De Sagan came to be credited with prospects of ma.-rying the plaintiff, but no sooner had Madame Gould set foot upon American soil today than she declared: "I have had enough of married life. I am not engaged to anyone. Madame Gould was accompanied from Paris by her three sons, Boni, Jay and George, the custody of whom the French courts awarded to the mother. The party was met at the pier by Miss Helen Gould, Mrs. George Gould and Mrs. Tyler Morse. All were later driven to the Fifth-avenue home of Miss Gould. Following the exchange of greetings as the steamer was berthed Mme. Gould added to her earlier declaration: "No." she said, "not only am I not engaged to be married, but I do not intend to become engaged. Nor am I here in an effort to put a stop 4o stories of an engagement or for the purpose of ar ranging matters concerning my property Interests in Paris. My visit here is to repay a visit my sister Helen made me in Parts a year ago. I had often wanted to visit my country during my married life, but Count Boni objected. "I expect to remain two months. I promised my sister Helen when she visited me that I would come to see her. and I shall lie with her at her home all the time I am in the country, with the exception of the time I spend taking" the children to Niagara Falls, which they are very anxious to see. With that ex ception I sh.il! not go out of Now York." WEDS YOUNG SOCIETY GIRL North Bend I.umberninn Marries Mi:-s Kdna Wemple. SAN FRANCISCO. Cai.. March 1. ((Special.) The marriage of James R. Mac Donald and Miss Edna. "Wemplo was cel ebrated tonight at the beautiful residence of Mrs. S. T- Alexander, Sixteenth street, Oakland, !n the presence of over 100 guests. Attending Miss Wemple as maid of honor was Miss Sadie Alexander, while Alia Wenzelburger, Miss Helen Ul. lis. Miss Emma Morris and Miss Ruth MacDonald served as bridesmaids. Dr. E. L- Wemple assisted Mr. McDonald as best man. The words of the marriage sen-ice were read by Rev. Charles R. Brown, pastor of the First Congregational Church. After an informal reception and supper, Mr. and Mrs. MacDonald left on an ex tended honeymoon trip, which will take them to their new home in North Bend, Or. The bride is a young society girl, who graduated recently from the State University. Mr. MacDonald -is engaged in th lumber business at North Bend. NEW TRUST BILL REDUCES PENALTY Combinations , Must Have Sanction. REQUIRE FEDERAL APPROVAL Civic Federation Aims to Make Methods Lawful.. CONGRESS FAVORS BILL Agreements Between Corporations May Be Condemned by Govern ment if Unreasonable Labor Wants Boycott Legalized. WASHINGTON,. March 19. (Special.) The uncertainty, obscurity and mys tery which have surrounded the inten tions of the administration's friends in connection with the proposed amend ment to the Sherman anti-trdst law were cleared today by authoritative statements issued by men who have had charge of the preparation of them with the approval of the administra tion. Seth Low, chairman of the Na tional Civic Federation, said: Acts by Request of Congress. "I wish it" to be known that, the measure on which tho Civic Federa tion has been at work is being drafted at the request of the committees on interstate commerce of both the Senate and the House. They united In the re quest, which may explain away any disposition to criticism by people out side the legislative branch of the Gov ernment in the matter. "The effort has toeen to draw a bill that will be fair to all interests; to arrive at a modification of the present Sherman anti-trust act, which will make modern methods lawful. The bill is not quite in its final form as yet. We hope it will be ready for in troduction in Congress the first of ne.? week." Trusts Must File Agreements. The bill, whose preparation Is prac tically though not literally complete, is not primarily a measure for the re lief of organized la,bor. It docs look to a reduction of the penalty, however, from triple damages to actual damages. It applies to both railroads and indus trial combinations, " and is in part a Federal license act, giving . combina tions the right to register and to file with proper authorities the statements of their terms of combination or agree ment. In the case of railroads, the statement would be filed with the In terstate Commerce Commission, and in cae of industrials with the Commis sioner of Corporations. That filing would be an estoppel of prosecution unless it be formally disapproved by the authority receiving it, on. . the ground that it represented an unjust or unreasonable restraint of trade. Labor Wants Boycott Legal. Labor organizations are excepted from the requirement to file the cor responding information about their af- JUST Bks.SMTE- GEORGE la crrrivtM iimr . IDE i r- . i EHil r-M HnW MBELL , BEHNKE, HENRY, GILBEffUti 'aKwii S PENCE R, TURNER WJiJ"-- STRODE, i f r v kouNTY fairs, arrangements and agreements. So are agricultural and horticultural organisations not designed primarily for profit. The labor people want an express exemption in their favor of the right to employ the boycott, and it is be cause of their- insistence on this that they have not yet been Induced to ac cept the bill drawn, this being a larger concession than the makers of the bill believe should be permitted. 1MRODICE BILL WEDNESDAY Conference Adopts Provisions for Relief of Labor Unions. WASHINGTON, March 19. Another of the series of conferences, the object of which, is to perfect a bill modifying the She.r.man anti-trust law so as to exempt labor organizations from its operations, was held here today. , - Particlpating were President" Gompers and TEeartrr John B. . Lennon, of the American Federation of Labor; Seth Lous ex-Mayor of New York, president of the American Civic Federation; Commissioner of Lubor NeiU and Professor J. K. Jenks, of CorneH University. Beyond tho state ment thai "it was for the purpose of de termining whether we can associate our efforts ti bring about the JeVred relief," Mr. Gompers declined to discuss the de tail j( -the conference. Later Mr. Low, .who has been here for several days aiding in drafting the proposed amendments to the Sherman act, left for New York City It was learned from an authoritative source today that the proposed relief for organized labor practically has been per fected and It Is understood to be fair to all Interest concerned. It tentatively has been agreed to Introduce the hill in Con gress on .Wednesday next. LABOR REGISTERS PROTEST Condemns Supreme. Court for Class . ing Unions With Trusts. WASHINGTON. March 19. Today's ses sion of the conference of the executive officers of the National and international trade unions of America was taken up with consideration and final adoption by a rising vote of a protest against being placed in a position of outlawry by reason of the decision of - the' Supreme' Court, making the Sherman anti-trust law ap plicable to labor as if it were a trust conspiracy and an organization in unlaw ful restraint of trade. , ' A memorial of protest against the failure of Congress to enact legislation in favor of organized labor and setting forth Its demands was prepared. The con ference then finally adjourned. CMSTTOIS FACE FAMINE SCHOOLER TIE-UP AFFECTS DEL ' -' XORTK coisir. J Lady Mine Leaves Eureka With Sup plies for Crescent City, Smith River and Chetco. EUREKA, Cal., March 19. Reports from Crescent City state than owing to the tie-np of steam schooners on the Coast, a considerable portion of Tel Norte is fearing a food famine. Today the Humboldt Commercial Company, of this city, dispatched the gasoline schooner Lady Mine, carrying IS tons of food and groceries, which will go to Smith River and Crescent City. ' , Some of the food will also be sent to Chetco, in Oregon, which is also reported to be suffering a food shortage. -Del Norte gets all its supplies by schooners, mostly belonging to the Hobbs-Wall Com pany, of San Francisco, and the tie-up brought about a serious situation. ' Descendant of Admiral Decatur.' PHILADELPHIA, March 19. Decatur Smith, a descendant of Admiral Deca tur and a talented musician and com poser, died in a hospital today from a shock received by being run down by a carriage on February 19. Smith was 87 years of age. MAKING IT EASY FOR THE MACHINE. Tr ,ffm r- C-,F?P1F TON ,cofi. 1 1! J . t 111 5TAVSflC.YL60AJ i TRER S - JntP b. . 5 TRULY INNOCENT TO BE PROTECTED But Land Grant Must First Be Forfeited. DISTURB NO SMALL BUYERS Townsend Explains , Problem -to House Members. UNSAFE TO WAIVE RIGHTS Suit Will Be Based on Large Sales, but Courts or Congress Can Pro tect Equities Tublic Protected First. ORBGONIAN NEWS BUREAU, Wash ington. March 19. The status of pur chasers of granted land in good faith from the Oregon & California Railroad Company, and their rights under the law, were set forth in some detail at the hearings before the House com mittee. The provisions of the grant prohibit sales except to actual settlers In limited quantities and at a limited price. By necessary implication it per mits sales of the kind mentioned. This provision of the grant is a condi tion subsequent for breach of which the Government has right of forfeiture. However, a condition subsequent is not self-executing. Upon the breach of the condition title does not auto matically revert to the grantor. So that until the Government in some way asserts rights of forfeiture, title re mains unimpaired in the railroad com pany, with full authority to make sales to actual settlers in the manner pro vided in the grant. After forfeiture is claimed, no further sales of any kind can be made by the railroad company, if the contention of the Government is correct. But all sales made within the terms of the grint will be valid and will be in no way affected either by the Fulton resolution or by any suits that will be commenced. Small Farmers Are Safe. This was emphatically stated by Mr. Townsend several times during his ar gument, and was apparently concurred in by the lawyers of the committee. Attorney-General Bonaparte in his statement said that, where land had been cdnveyed in quantities slightly in excess of 160 acres, to farmers or fruit growers, there was no substantial vio lation of the real spirit of the law and that the Government, could consistent ly refrain from attacking purchasers of that class. The impression was giv en that purchasers of this type will not be disturbed and will ultimately be confirmed in their title. The same is true of actual settlers who bought small quantities of land and paid more than $2.50 per acre for it. May Exempt Portland Purchases. Sales of land to the City of Portland, while a violation of the terms of the grant, were for a proper and impor tant public use. The Government had a right to make exception in a case of this kind without waiving the con- VOTER SI INDEPENUEN ' utn. (. unuiuh i c HI 4 Off dition of the grant and without rat! fying sales for speculative purposes. It was evident from the statements by Mr. Townsend up'on this subject that the Government will never ques tion the title of the City of Portland. However, it was frequently reiterated that no unlawful sales should be con firmed at this time for fear that such action might constitute a waiver of the condition or of breaches of condi tion. Mr. Townsen-1 was very emphatic that no risk of this kind should be incurred. However, ne assured the committee that the title of the city would be protected at a later time and in some way which would not fur nish a defense to the railroad com pany. Will Attack Large Sales. A to large sales to lumbermen and speculators, Mr. Townsend demonstrat ed that nothing could be done in the way of recognizing any rights without endangering the remedies of the Gov ernment against the railroad company, because these sales must be made the basis of the Government's suit. There fore they must not in any degre be ratified by any department of the Government. Mr. Townsend refrained - I i1 : J! The I.alc Senator William I'ink ney Whyte, of .Maryland. from indicating what form of suits will be brought by the Government, but in answer to questions put by members of the committee, stated that it was possible to bring suit against the railroad company involving its present holdings and separate suits against each of the large purchasers. Court or Congress Give Relief. He stated that in such suits every equitable right -or defense would be entertained by the court and, if suf ficient, would protect the purchasers. Moreover, even if the court should de feat the purchaser, the court could still inquire Into the amount of Im provements made and temper its de cree so as to do equity in the case. Then, after a decree was rendered. Congress could, if It saw fit, relieve any of the purchasers in any manner, even to the extent of confirming their title. In other words, it seemed to be the view of the attorneys for the Gov ernment that, even as to large pur chasers, their title can be confirmed (Concluded on Pajre 5. CONTENTS .TODAY'S PAPER Th Wetber. YESTERDAY'S Maximum temperature, , ,"rS d-e(rrees; minimum. 33. TODAYS? 'incregslnR- clfjuflincjw followed by slvowers; southeasterly winds. Forelgit. Reporters in German Reichstag strike for apology for insult to profession. Page 6. Ifcmtefftie. Lornj), the -brewer, accused of great cruelty by his wife. Page 4 Iow excursion raten to Pacific Coast all Summer' Page 6. Anna OouM reaches New York, determined never to marry asa-in. paje 1. Flood again plagues Pittsburg, page 4. National. House passes bill abolishing pension agencies. Pa-ge 5. Provisions of new anti-trust bill. Page 1. Labor delegation makes demand on Con gress and Cannon promises employers' liability law. Page 1. Really innocent purchasers of land grant not to be molested. Page 1. Metcalf and Capps discredit Lilleys charges. Pege o. La Follette continues attack on breeders of panic. Page 4. roli tic. Roosevelt's policy as told to French Inter viewer. Page 4. New York to send unlnstructed Democratic delegation. Page . Taft helped, not Injured, by Roosevelt's sup port. Page 14. Sport. American auto stuck in mud in Netauia. Page . Beavers leave Santa Barbara Sunday. PS 6- . Pacifrc Coast. Another affidavit by Ruef says Burns used threats to get false testimony. Page o. Famine threatens Northern California towns. Page 1. Stanford studentM offer apology; girls stand by boys. Pag S. , Newberg secure $tfO.O0 milk condensing plant. Page 7. Oregon horFes win prizes in Vancouver, B. C, horse show, pac 7. Grants paw-Ash land trolley line 'projected. Page 8. Portland and Vicinity. S. Vernon Fansher. of Medford, Or., killed by streetcar. ' page 8. Quarter Hock at Fourth and Oak sold for $111,000 Page 12. Schwartxschlld & Sulabereer packing-house interests draft amended franchise .ordi nance.. Page 13. E. S. J. McAllister addresses big meeting of Democrats. Page 15. Sheriff calls Jury to decide ownership of big Krlckson saloon; testimony reveals flaw in licensee. Page 18. G. A. Steel's letter to J. Thorburn Rosa re garding pending legislation in 190T. . -Page IS. Closing of Portland gateway restricts home seeker travel to Oregon. Page 8. Delinquent street contractor ia arraigned by Mayor Lane. Page 9. Commercial and Marine. probable course of mohair market. Page 19. Green-bug scare affects wheat prices In East. Paige 19. Stock'- values show upward tendency. Page ID. Portland leads the list for grain, exports for tho month of February- Page 18. BIND DELEGATES TO NO CANDIDATE New York Democrats to Be Uninstructed. STATE COMMITTEE DECIDES j Only One Voice for Bryan l Heard in Protest. j CONNERS IS FOR JOHNSON Call for Stite Convention Issued, j Br, van Changes Date for Tour of State in Consequence. Speech at Chicago. NEW IORK. March 19. As predicted by Chairman "W. J. Connors, the Demo cratic state committee today voted almost solidly in favor of an uninstructed dele gation to the National convention. But one voice was raised in opposition, that of Charles P. Williams, of Lyons, who subsequently explained that he stood for William J. Bryan, and if Mr. Williams could have had his way, the birthday tcifts to the Nefbraskan would have in cluded the promise of united support by the Democracy of New York State. Today's meeting, held at the Hotel Victoria, lasted just eight minutes. Each of the 51 members -was either present or represented by proxy. It was unani mously agreed to hold the state conven tion in Carnegie Hall, in this city, at 19 o'clock on the morning of April 14. At that time four delegates-at-large to the National contention will be elected. With but one dissenting voice, the com- mlttee adopted the following resolution; Whereas, ' In our opinion the welfare of t the country and of the Democratic party will be best aerved by nominating July next at Denver the candidate for the Presidency and Vice-Presidency, who shall, at that time ' and place, appeal as strongly to the lntclli- '. g-ence and judgment of the delegates thcira ' from all pans of the countiw: and Whereas. W believe that wher- choice o full ur tmroriaitee to th pe-ifcOe bIihH T be made. th delegates representing the dif ferent states should receive and should avail themselves of the benefits coming" from consultation and deliberation with one an other and should have before them the po- ' litical situation as It may exist at the time of the holding; of the convention. Resolved. That we. the Democratic State Committee of the State of New York, here by c&II upon the Democratic electors of the " state to choose as their delegates to the National Convention of the party the ablest t and strongest men In their ranks and to end these to the convention unfettered by conditions and unpledged and uninstructed as to, candidates, to the end that they may help 'to select as tho atandard-bearera of the party the best qualified by character, ex- ! perlence and training to advance and pro tect the welfare of all the people of this country. j "Who in your opinion, is the state's fa-, vorite candidate?" Mr. Conners ' wasj asked. j 'Governor Johnson, of Minnesota," van the quick reply. 1 BRYAN ATFER EMPIRE STATE . Will Begin Campaign There Before State Convention Meets. NEW YORK, March 19. Harry W. Walker, Eastern manager for William J. Bryan, said tonight that in" view of tha action of the Democratic state committee in calling the state convention for . April 14, Mr. Bryanwould begin his speaking campaign in this state at Rochester on . April 10. He had not expected to make a' speech here until April 20. DEMOCRACY THE OXLY HOPE. Bryan Celebrates Birthday by Speech at Chicago. CHICAGO, March 19. Declaring that the greatest of present-day evils is tho dom ination of politics by favor-seeking cor porations and asserting that the Demo cratic party is the best qualified to under take the task of correcting this, William J. Bryan tonight celebrated hia forty eighth birthday by delivering a speech on National issues before a big mass meet ing in the Seventh Regiment armory on Sixteenth street. Mr. Bryan took for his subject "Why Democracy?" and after dis cusssing the records of President Roose velt, Governor Hughes and Secretary Taft as regards corporation legislation, he an swered the question by saying: "Because the Democratic party is the only party sufficiently large to give hope of success and sufficiently democratic to give hope of relief after a victory has been won." Mr. Bryan's speech was the only one delivered at the meeting. Carter H. Har rison, ex-Mayor of Chicago and head of the Bryan league, under the auspices of which the rathering was held, introduced the speaker, after declaring that the meeting had been organized to give Mr. Bryan a full opportunity to express his. views on issues which may be expected ' to come up in the National campaign. BEST GOVERNMENT ON EARTH But Not Perfect, Says Bryan, as, Both Parties Testify. CHICAGO, March 19. Faith in God. in the United States Government, in man kind and in one's self was discussed 'y William J. Bryan today in a speech de livered to students and instructors at the Armour Institute. "You must have faith in your form of government," he said. "It is the best Concluded on Fag 4-)