THE MORNING OREGOXIAN, THURSDAY. JULY 23, 190S.
NEW TRIAL GIN
TO STANDARD OIL
Appeal Court Annuls Big Fine,
but Government Will
Try Again.
THREE POINTS INVOLVED
Standard Ignorant of Ix-rhI Rate,
Landis Wrong In Making Sepa
rate Offense for Each Car
load and Fine Excessive.
(Continued from First Page.
took their seats. Judge Grosscup did
not read the document, merely refer
ring to It by number and stating that
the case had been reversed and re
manded. There was jubilation among
the Standard Oil lawyers, who declared
that the decision nad been expected,
while the Government attorneys went
quietly to Mr. Sims' office to study the
document.
"It is a strange doctrine," says the
opinion, "by which a million-dollar cor
poration, such as the defendant, the
Standard Oil Company of Indiana, may
be fined 29 times the amount of its cap
ital stock in order to punish a defend
ant not even under indictment."
By this latter is meant the parent com
pany, the Standard Oil Company of New
Jersey.
The opinion begins with a brief state
ment of the manner In which the case
was brought from the District Court to
the Court of Appeals. Section six of the
Interstate Commerce act relating to the
publishing and filing of rates is quoted
and the opinion continues:
Three Reversible Errors.
"There are 169 assignments of error,
taking up 67 pages of printed record. In
view of the conclusion, however, to
which we have come, it is unnecessary to
review many of these assignments the
ones reviewed covering all ' the proposi
tions of law that we deem essential to
the guidance of the District Court in the
event of a second trial. Comprehensively
stated, the assignments of err which
we shall review, relate:
"First, to the view adopted by the trial
court carried out in its rulings on the
admission and exclusion of evidence, and
embodied in its charge to the jury that a
shipper can be convicted of accepting a
concession from the lawful published rate
even though it is not shown, as bearing
on the matter of intent, that the shipper
at the time of accepting such concession,
knew what the lawful published rate ac
tually was;
"Second, to the view adopted by the
trial court that the number of the of
fenses is the number of carloads of prop
erty transported, irrespective of whether
each carload was the whole or the part
only of a single transaction resulting in
a shipment: and,
"Third, whether in the imposition of
the fine named, the trial court abused the
discretion vested in the court.
Discusses Plea of Ignorance.
"We shall take up these subjects In the
order stated, the first being whether the
shipper can, without error, be convicted
of accepting a concession from the lawful
published rate, even though it is not
shown, as bearing on the matter of in
tent, that the shipper at the time of ac
cepting such concession, knew what the
lawful published rate actually was in
view of the law that is embodied in the
charge and carried out in the ruling ex
cluding certain proffered testimony in
cluding that of one Edward Bogardus,
who. being in absolute control of the traf
fic affairs of the plaintiff in error during
the period covered by the transactions, of
fered to testify-Uiat during that period
he did not know anything about an 1S
cent rate over the Alton Railroad: that
bis attention had not been called to any
such rate by any person or by the ex
amination of any document; and that it
was his understanding and, belief, based
on what he was told by one Holland,
tariff clerk of the Alton Railroad, that
the rate over tha Alton road was 6 cents
and that such rates had been filed with
the Interstate Commerce Commission.
Testimony of Holland.
"Holland, who was called by the
Government, had previously testified
that he had no recollection of telling
Bogardus that the 6cent rate (a com
modity rate) had been filed with the
Interstate Commerce Commission. But
answering on his voir dire, the jury
being excused. Holland further stated
that he regarded 6 cents per 100 pounds
as the oil rate between Whiting and
East St. l.ouis; that he regarded a cer
tain application sheet which covered
Whiting at Chicago rates and the sheet
for Chicago" taken together as showing
a 6-cent commodity rate; that when
ever he spoke of the rate on this com
modity between Whiting and East 6t.
lvOuls he had in mind those papers,
and that if he had been asked by Bo
gardus or anybody else whether there
was a rate between Whiting and East
St. Iouis, he would have answered that
there was. and that it was filed, and
such a rate was 6 cents; which .evi
dence thus proffered was excluded by
the court for the sole reason that as
a matter of fact, as the court tnot
the Jury) found the fact to be, the
application sheet containing this S-cent
commodity rate had not been filed with
the Interstate Commerce Commission.
Had the court found as a fact that the
sheet had been so filed, or submitting
that question to the jury, had the jury
found that that sheet had been so filed,
the 6-cent rate given to Bogardus ad
mittedly would have been the lawful
published rate.
Excludes Important Proof.
"The court relates that Bogardus
was offered as a witness to prove that
a tariff describing a rate of 64 cents
from Whiting to East St. Louis was
issued by the Chicago & Eastern Illi
nois Railroad Company, a competing
line. October 9. IS55. "and filed with
the Interstate Commerce Commission
two days later; that such tariff sheet
was among the traffic files in posses
sion of the pla)ntift in error; and that
the latter during the period named
shipped thereunder a large number of
cars of petroleum and products at said
rate; and that such rate was equiva
lent to the shipper to the rate of 6
cents over the Alton, owing to a quar
ter of a cent terminal charges, all of
which evidence was excluded as was
also the offer of the tariff sheet itself,
produced from the files of the Inter
state Commerce Commission and an
amendment thereto filed In April
1903."
The opinion here Includes Judge
Ijindls- charge to the jury in which
the District Judge declares that to
show that the defendant accepted a
concession knowingly, it was not
necessary to establish that the de
fendant had actual knowledge of the
lawful rate.
Jl to this phaaa of the case
opinion of the Court of Appeals de
clares: "In this interpretation of the interstate
commerce law, so far as it relates to
shippers, we cannot concur. - The cases
cited by the Government, such as those
requiring liquor-sellers at their peril to
know whether the person to whom drink
is sold is a minor or within the prohibi
tion of the act or not. are not controlling,
nor very persuasive. The interstate com
merce act was intended to promote, not
to restrain, trade and commerce, to se
cure fair dealing In commerce through
uniformity, not to put obstructions in the
way of commerce. Surely the farmer
who brings his produce to town to be
shipped to the city markets or the small
merchant shipping to the country, or the
householder who ships his furniture, were
not meant by the interstate commerce
law to be held guilty of having accepted
a concession merely because they took
the word of the carrier or his agent as to
what the rate was. In this respect the
shipper and the carrier stand on differ
ent ground. The carrier is required by a
separate provision of the law to establish
and publish rates and Is forbidden to
charge or collect from the shipper a rate
greater or less than such established and
published rate. But is the ordinary ship
per, under any reasonable view of the
situation, to which the law relates, thus
bound bound at his peril, under the law
intended to promote commerce to cipher
out before he can safely put anything
he has into commerce, all the confusing
papers and figures that generally- make
up a tariff sheet? Plainly not, it -seems
to us."
Examine for Themselves.
i
In support of this contention the Court
cites "First Bishop New Criminal Law,
Section 286.".'
"Though it is true that large shippers
like the plaintiff in error do not usually
take the word of a carrier as to what
7w " '
John D. Rockefeller, Who Scores
Heavily by Decision of Federal
Circuit Court of Appeals In
Standard Oil Rebate Case.
the rate Is, but examine for themselves
the tariff sheet, and have all the knowl
edge that is necessary to an intelligent
examination, from which it might easily
follow that professions of ignorance on
the part of such shippers would stand on
a different plane from the ordinary spirit,
It does not on that account follow that
the ultimate question of Intent is not the
same, whether the shipper be a large one
or a small one; for the law is the same
for all shippers, and the duty devolving
on the Government is the same, viz.:
That before conviction, there must be
proof of all the facts upon which the
shipper's offense is predicated.
"This view of what is essential to con
stitute the offense, makes It plain that
the trial court was in error, as a matter
of law in the application to the case of the
shipper, and as a matter of the principle
that the trial court applied in this case.
And this error is made all the plainer,
lifting it -from otherwise what might be
considered a mere technical error to the
level of a real substantial error, when
the exact nature of the so-called tariffs
published and filed, relied upon by the
Government as the lawful rate, are scru
tinized: and when the rate that the trial
court deciphered out of these papers is
compared with admitted rates on. other
roads for the same product, and with the
admitted rates on the same road for a
like product.
Process Much Complicated.
"The tariff sheet relied upon as the
lawful published rate filed with the
Interstate Commerce Commission is
tariff sheet No: 24 of the Chicago &
St. Louis Traffic Association, and the
first thing to be noted is that this tariff
sheet makes no reference by name to
petroleum or the products of petroleum.
On the face of that tariff sheet No. IS
no rate for petroleum or products of
petroleum appears. The 18-cent rate
was only arrived at by a process of
circumlocution; that is to say, on the
face of these tariff sheets there was
found a printed line, 'governed by Illi
nois classification, except as noted
herein'; thereby turning to a classifi
cation adopted by the Railroad and
Warehouse Commission of Illinois. Sep
tember 7. 1899, it was found that pe
troleum and its products were set down
in the fifth, class; and then turning
back to rtariff sheet No. 24, it was
found that the rate set down for the
fifth class was 18 cents per 100 pounds.
And so out of this process of reference
and cross-reference the lawful pub
lished rate was evolved by the trial
court to be IS cents, not because it so
appeared on the face or the tariff
sheets, but because by reference to
other sheets sheets fixing, not rates,
but classifications, and that not by
the Interstate Commerce Commission
or the carrier, but the Illinois Railway
Commission it could be so figured
out."
Xice Questions Raised.
The court remarks the number of
nice judicial questions raised and de
clares that the court is nbt prepared
to say that tariff sheet No. 24 really
fixes the rate on petroleum and its
products at IS cents.
The most we can say." the opinion
reads, "is that the question is one
upon which Judges, after full dis
cussion, might very reasonably
disagree. The error of the trial
court In taking away from the
plaintiff in error its right to submit
to the grand jury the whole question
of whether it. had knowledge of the
tariff sheet from which it is said
to have accepted concessions and there
was an intent to violate the law
whether the rate paid was not paid in
the honest belief that it was the law
ful rate is an error that rises into
one of solid substance."
Taking up the question as to
whether each shipment constituted a
separate offense, by w-hich interpre
tation of the law Judge I.andis im
posed the largest fine in history on the
Standard Oil Company, the court has
this to say:
Uist of Offense.
"The gist of the offense is the ac
ceptance of a concession Irrespective
of whether the property involved was
carloads trainloads or pounds. Has a
shipper fully and finally accepted a
concession when he has done nothing
more than to agree with the carrier
that less than the published and filed
rate shall be paid for the transportation
of his property? Is it not necessary that
theJLthe transaction b closed by actual pay
ment of the lower rate? In the rebate
the shipper paid In the first instance the
full rate to the carrier and afterward re
ceived back a part.
"Manifestly the offense of accepting
a rebate has not been committed until
the shipper has taken back a part of
the first money whereby his property
has been transported at less than the
lawful rate. Proof that he agreed to
accept a return of a part of the full
rate stopping there would not sup
port an Indictment for accepting a
rebate- Such an agreement Is not bind
ing and at any time before Its com
pletion the shipper may repent and in
sist upon the carters keeping the whole
amount."
Abased His Discretion.
As to whether Judge Landis in im
posing the monumental fine abused the
discretion vested in the court,, the
court says:
"Briefly stated, the reason of the
trial court for imposing this sentence
was because after conviction and be
fore sentence evidence was brought
out that the capital stock of the
Standard Oil Company of Indiana,
the defendant before the court, was
principally owned by the New Jer
sey Corporation, a corporation not
before the court, the trial .. courlr
adding:
" 'Upon no evidence, however, to be
found in the record and upon no in
formation specifically referred to, is it
shown that in concessions of the char
acter for which the defendant before
the court has been indicted, tried and con
victed, the New Jersey corporation was
not a virgin offender.'
Hot Shot for Judge.
"Is a sentence such as this sound?
Can a court without abuse of judicial
decision wipe out all the property of
a defendant before the court and all
the assets to which its creditors look
in an effort to reach and punish a
party that is not before the court, a
party that is not even indicted? Can
an American Judge without abuse of
judicial discretion condemn one who
has not had his day in court? That,
to our mind, is strange doctrine In
Anglo-Saxon Jurisprudence.
"Can It rightfully be done here on no
other basis than that the judge's per
sonal belief that the party, marked by
him for punishment deserves punish
ment? If so it is because the man
happens to be the judge and above the
law."
LANDIS REFUSES TO TALK
District Attorney Sims Admits That
News Was Unexpected.
CHICAGO, July 22. Judge Landis, after
the higher court's decision had been an
nounced, declared he had no comment to
make.
United States District Attorney Edwin
Sims held a hurried conference with his
assistants who had aided him in the pros
ecution before the District Court, after
which he said:
"All I can say now is that what has
happened was not expected. However,
we shall make the best of it. Undoubted
ly there will be an early re-trial."
John S. Miller, Alfred D. Eddy, Morltz
Rosenthal and Chauncey Martyn, who
conducted the active work in defense of
the corporation, were very happy. "We
are free to confess that the decision is
gratifying to us." said Mr. Miller, "al
though it is nothing more than we ex
pected." SHOULD GO TO HIGHEST COURT
But Decision Prevents, Says Bona
parte
-Expects New Trial.
LENOX, Mass., July 22. On being
told today of the decision of the United
States Court of Appeals in the Stand
ard Oil case, Attorney-General Bona
parte said:
"A suit of such importance certainly
ought to be submitted for final decision
to the Supreme Court of the United
States, but, as the Court of Appeals has
decided, this cannot be done."
Asked If the case would again be
tried. Mr. Bonaparte replied:
"I should be much surprised If it is
not. but I really cannot discuss the
matter further until I have Been the
opinion."
FRENCH HEEL HITS MASHER
WOMAN'S VIGOROUS KICK DIS
LOCATES HIS RIB.
Persistent Gorman Morgan's Ad
vance Meets Rebuff From Mrs.
Hennessy's High Shoes. -
CHICAGO, July 22. (Special.) Mrs.
Margaret Hennessy. 22 years old and
pretty, is the inventor of a masher
exterminator that bids fair to become
popular among women generally. Mrs.
Hennessy dislocated one of Gorman
Morgan's ribs, when he tried to flirt
with her, by kicking him with a
French heel four inches high. Judge
Scovel fined Morgan $100, despite his
protestation that the woman had
stabbed him with some blunt instru
ment. Officer Williams crossed the streef
when he saw something happening. He
says there was a momentary flash of
filmy draperies, a howl of pain from
Morgan, and the French heel had done
Its deadly work. "I could not get rid of
the man," said Mrs. Hennessy. "He
kept right on talking after I had told
him to go away, and, at last, when he
seemed about to touch me. I kicked
him. Then I slapped his face."
HUSBAND COSTS MILLION
Lena Head. Who Eloped With
Coachman Loses Fortune.
NEW YORK. July 22. Corporation
Counsel Pendleton has received the leg
acy of J1S7.746 given to the city by the
will of Betsey Head. She died in June
last year and left .one-half her property
to various charitable institutions and the
other half to the city to be devoted to
the Improvement of recreation grounds
In the metropolis. Mrs. Head was for
many years the housekeeper for G. C.
Taylor, of Great River, who died last
September. Taylor, a son of the late
Moses Taylor, lived as a recluse, and at
the time of his death' was reputed to be
worth about $20,000,000. About 20 years be
fore he died Mr. Taylor went to Europe
and returned with Mrs. Head and her in
fant daughter. Who Mrs. Head was, was
never revealed. She was installed as his
"housekeeper and secretary and was
treated by him as his social equal. She
took charge of Mr. Taylor's business af
fairs and at the timeof her death was
worth about $400,000. Lena, the daughter,
about six years before her mother's
death, eloped with John M. Bodley, the
family coachman- Bodley afterwards got
a job as gardener on the estate of W. K.
Vanderbilt, but his young wife never saw
her. mother again. When Mrs. Head's
will was opened after her death it was
found that she had left only $5 to her
daughter. There was talk of a contest,
but the threat was never carried out.
In his will Mr. Taylor bequeathed
$500,000 to Lena, but this was revoked
after her elopement. The Taylor estate
was distributed among relatives and char
itable insUlulions, ,
Sole Agents for the Famous W. B. and La Vida Corsets
July Clearance in
Dainty Swiss Dresses
Jumper effects, made of fancy colored striped Swiss, with
white dotted Swiss sleeves,
Values to $8.50 $395
Knitted Coat Sweaters
White, cardinal and gray,
$5.00 Values $2,95
Mull Lingerie Waists
Soft, filmly mull, prettily trimmed. Waists that are exquis
ite in beauty,
Values to $8.50 $3.95
Tailormade Wash Suits
Latest and smartest styles, in plain colors and smart
stripes, - '
Real Values $10.00 $5.85
Ik
NST UNION
New Version of Mexican Revolt
Is Advanced.
IN MINERS' CONVENTION
Federation Secedes From Industrial
Workers Because or Factional
Split Advises tJnlon to Estab
lish Co-operative Stores.
DENVER. July 22. A resolution was
Introduced In the Western Federation
of Miners convention today protesting
against the arrest and detention of
four Mexicans in California at the re
quest of the Mexican government,
charged with inciting riot and revo
lution in Mexico. The resolutions de
clare the men were not acting against
the government, but were merely try
ing to better labor conditions. The
resolution was referred to a committee.
The federation today officially re
pudiated the Industrial Workers of the
World by adopting an amendment to
Its constitution striking out the words
"mining department of the Industrial
Workers of the World" wherever they
appear and Inserting in lieu thereof
"Western Federation of Miners." yes
terday the organization went on record
as favoring industrial unionism and,
though today's actioi might seem to
be opposed1 to that policy, in reality
it is not so. as many members of the
convention declared that the Industrial
Workers of the World had become so
disorganized and filled with factions
that it no longer represented industrial
unionism.
After considerable discussion, the
convention adopted a resolution ad
vising the various local unions to make
an especial study of the Rochdale co
operative system of stores and estab
lish them in mining camps wherever
possible.
DO WORK FOR GOVERNMENT
New Move in San Francisco Coal
handlers' Strike.
SAN FRANCISCO, July 22. The lockout
of the Union coal-shovelers on the water
front took a new turn today, when the
Pacific Stevedoring Company employed
a number of nonunion men to discharge
several British colliers now at the Gov
ernment coaling station at California
City, on the northern side of the bay. The
men were taken to the station in
launches and will be put to work at once
unloading the coal into bunkers. The
barks St. Catherine and Hawaiian Isles,
which are to be used as store ships for
the Navy, are at the station and a por
tion of the coal brought there is to be
placed in them.
For some days nonunion men .have been
engaged on the Western Fuel Company's
vessels but the taking of men to the
coaling station came as a surprise to the
union laborers, who have refused to ac
cept a reduction in wages from W to $5
a day.
Olaf Hansen, a nonunion man. employed
on Steuart-street wharf, complained to
the police today that he had been at
tacked by strike sympathizers and swore
to a complaint charging "John Doe" with
assault.
SHOPMEN ARE DISSATISFIED
Canadian Pacific Employes May Re
ject Conciliation Board's Findings.
WINNIPEG. July 22. The snopmen
of the Canadian Pacific in Western
Canada are dissatisfied with the recent
findings of the conciliation board that
Investigated the matters in dispute be
tween the company and the men. and
today, T. McVety, head of the mechan
ics in the shops in Western Canada,
went to Chicago to consult with offi
cials of the American Federation of
Labor with a view ,to securing assist
ance in the event of a struggle. Ten
thousand men are affected.
WANT SHIPS JHAT HAMMER
(Continued From First Page.)
harbor firing salutes as the Mayflower
steamed away.
Lay Up Big .Liners In Winter.
NEW l'ORK, July 22. The Cunard
liner Mauretania, which will sail to
day for Liverpool, will still be under
three propellers. It has been decided
not to use her port forward turbine
until she has been in drydock in No
vember. After November 1 the com
pany will discontinue the Wednesday
sailings from New York and iliverpool
until next Spring, and run only large
Saturday service. Both the Maure
tania and the Lusitania will be taken
off for two months for a thorough
overhauling, so that they will be ready
to go into commission again in Janu
ary. ROOSEVELT IS IX COLLISIOX
President's Yacht Runs Down and
Sink's Schooner.
NEWPORT, R. I., July 22. The
President's yacht Mayflower, with the
President on board. In a dense tog lat
night, ran into and sank the lumber
laden schooner Menawa. All on board
the schooner, consisting of the cap
tain and five men, were taken on board
the Mayflower. No one was injured.
The President's yacht had her bowsprit
and one anchor carried away, but the
jar of the collision was so slight that
none of the President's party knew of
the accident until they arose this
morning.-
The Menawa belonged to C. G.
Pendleton, of- Islesboro, Me. The col
lision occurred at about 1:15 A. M.,
when the Mayflower was between New
London and New Haven.
After President Roosevelt had dressed,
the crew of the Menawa was presented to
the Chief Magistrate In the cabin. The
President expressed great concern re
garding the accident, the loss of the ves
sel and gratitude at the rescue without
loss of life.
The Menawa was in command of
Captain Charles Hutchinson. The fol- t
lowing dispatch was sent by direction I
of the president to William Loeb, his
private secretary:
President Roosevelt ar ran iced for ad
vancement of money to captain and crew
of schooner, enough to take crew to their
homes and the captain to his agent in New
York. Captain finowden at ome communi
cated with the Navy Department request
ins a full Investigation.
BUREAU SYSTEM IS BOOMED
Reuterdahl Thinks Roosevelt In
tends to Reform Xavy.
NEW YORK, July 22. Henry Reuterdahl,
the marine artist who has been the fore
most critic of the navy bureau system,
says he is convinced beyond a doubt that
President Roosevelt's visit to the naval
college today means the end of the entire
bureau system. Mr. Reuterdahl would
give no intimation of what President
Roosevelt said to him on his recent visit
to Oyster Bay which made him so firmly
convinced of the outcome of the Presi
dent's visit.
"The Newport conference means that tha
navy is passing through a transition just
as important as the transition from sail'
to steam," said Mr. Reuterdahl. "The
success or failure of our new navy rests J
upon gunnery and the men who go to sea, J
who work the guns and the ships. For
years the men in control of the policy of
battleship construction have been officers
schooled in the days of the sailing ship
who learned modern man-of-war tactics
in the old tin pot squadron. They have
had little or no experience on board the
present type of modern ships. It is nat
ural that when reaching high rank or
becoming bureau chiefs they are not fa
miliar with many of the military require
ments of modern battleships."
Postoffices on Warships.
WASHINGTON. July 22. Arrange
ments are being perfected for the instal
lation of a postoffice on every ship in
the United States Navy, authorization for
this action having been made at the last
session of Congress. Under the provisions
of the enabling act enlisted men on each
ship may be appointed as Postmaster
and Assistant Postmaster, their regular
pay to be increased $500 and 7300 a year,
respectively. They will be required to
give bond of J100.
ASKED TO VISIT JAPAN
Coast Chambers of Commerce Are
Invited to Exposition. .
SAN FRANCISCO, July 22. The local
Chamber of Commerce has received a
joint invitation from the -Chambers of
Commerce of the five . Japanese cities,
Tokio. Kyoto, Osaka, Yokohama and
Kobe, asking that representatives be
sent to visit those places. The invita
tion was cabled to Japanese Consul
General Chose Koike, of this city, with
the request that it be extended to San
Francisco, Portland and Seattle. At Its
quarterly meeting yesterday the local
Chamber decided to accept the invita
tion and a party will leave for Japan
on September 25, arriving there in time
to witness the arrival of the -Atlantic
battleship fleet. It will also witness
the celebration in Japan of the Em
peror's birthday, November 3.
All the
Cloak Department
Lingerie Waist Sale
Very fine patterns, all sizes, extraordinary values,
Reg. $2.75 Values $1.19
i00 Lingerie Waists
Values to $5.00 $1.98
White Walking Skirts
Women's White Union Linen Outer Skirts, the only ideal
skirt for Summer wear,
Values to $3.50 $1.95
Highest -Grade Wash Suits
Made of pure linen, rep and poplin, in the latest, plainest
and smartest effects all plain colors,
Values to $30.00 $9,85
' Clearance Sailor Hats
Milan and rustic straw,
Values to $2.50 $1.39
GIRL IS BEHEADED
Daughter of Freiberg's Mayor
Executed for Killing Lover.
GUILTY OF SHOCKING CRIME
German Maiden of Only 18 Years-
Coolly Planned to Make It Ap
pear That Her Fiance
Was Suicide.
FREIBERG. Saxony, July 22. Grete
Beter, the 18-year-old daughter of the
Mayor of Freiberg, was beheaded last
night sometime btween dark and dawn.
In punishment for the murder of the man
to whom she was engaged to be mar
ried. The executioner reached the city
last night. He carried a box containng
the ax with which he did his work and
brought with him also a suit of evening
clothes. The wearing of this garb is an
official requirement of the sombre oc
casion. The preparations for the execu
tion at the prison had been cdmpleted and
the man did his work quietly and private
ly and departed as quietly as he came.
The King of Saxony had refused a par
don. The. personality of this young gltf and
her thoughtfully arranged murder of her
fiance, a civil enginer named Preffler at
tracted international attention. The so
cial position of her family was very good
and she became engaged to Herr Preffler,
a rich young professional man. At her
trial she admitted with the utmost sim
plicity that she visited her fiance's house
one evening, gave him cyanide of potas
sium In a drink she mixed for him and
then, to make sure of his death, shot him
In the mouth with his own revolver.
She then dropped . the weapon at the
dead man's side, placed a forged will In
her own favor on his desk, together with
a note of good-bye, also forged, saying
that he feared to lose her love through
the revelator.s of dishonorable liason.
In addition to these papers, the girl also
left behind a package of forged letters
purporting to come from a woman In
Italy, accusing Preffler of deserting her
and threatening to tell Grete everything.
LAND BOARD FACES CHARGE
Montana Commission Accused of
Fraud Hearing Vnder Way.
KALISPEI,U Mont., July 22. (Spe
cial. Charges that the State Land
All Humors
Are impure matters which the skin, liver,
kidneys and other organs cannot take care
of without help.
Pimples, bolls, eczema and other erup
tions, loss of appetite, that tired feeling,
bilious turns, fits of indigestion, dull head
aches and many other troubles are due to
them. They are removed by
Hood's Sarsaparilla
In usual liquid form or in chocolated
tablets known as Sarsa tabs. 100 doses $1,
WEDDING
AN1 VISITING CARDS.
w. a smith -a GO.
WASHINGTON BUILDING,
Car. Fourth and Washington Sta.
COFFEE
Good grocers like Schil
ling's Best; for it makes
good-will and not trouble;
in case of complaint, the
money is ready. t
Tour trocar returns your mosey if 7 don't
Hke it: 97 kin.
Latest Fiction, $1.18
Board sold timber lands in Flathead
County at less than market value, thus
defrauding the state school fund out of
a quarter million dollars, are being
heard in this city.
The State Land Commission convened
here today. Governor Norris sitting: as
a court to hear the charges. The other
members of the Board are Secretary of
State Yoder, Attorney-General Galen
and State Superintendent Harmon.
The hearing is attracting: wide atten
tion. Citizens of the county, where the
charges were brought. ..ave asked to
have action commenced to compel re
turn of the land to the state. When
the charges were made, the Board made
indignant denial and demanded an in
vestigation. Governor Norris was not a member
of the Board when the sales were made.
Ex-Governor Toole was in office then
and is here to meet the charges with
other members of the Board. The ses
sion today was devoted to reading the
charges and preparing for the investi
gation. Only three witnesses were ex
amined. Governor Norris says the investiga
tion will be searching and will con
tinue until all facts are developed.
Pekin it building a large factory to make
window glass, which is largely used in China
and forms one of its principal Imports from
foreign countries.. The capital is Chinese,
the machinery British, and Germans will
manage the factory. The glass works at
Posham, province of Shantung, are a suc
cess. -25
discount
on
every .
suit
we
have
No man needs a suit
of clothes more than
you do, or you would
not be reading this
advertisement. You
would not pay a
baker ten cents for a
loaf of bread which
regularly sells for
five cents. If you had
an opportunity to
buy a loaf of bread
for four cents, how
ever, you would walk
a block out of your
way to save the
penny. We propose
to put Ten Dollars in
your pocket, not a
penny. We do it by
letting you have the
suit of clothes 25 per
cent less than it was
when you looked at it
last month. Worth
considering, isn't it,
when our regular
crices are from $20 to
$40?
UJC9
GRANT PHEGLEY, MGR.,
Seventh and Stark Streets.
m. mm m. -v m
C