TIIE 3IORXIXG OREGOXIAN. TUESDAY, NOVEMBER 17, I90S.
TRUST DECISION
IS FAR-REACHING
Federal Court's Interpretation
of Sherman Act of
Wide Scope.
JUDGES MAKE COMMENT
Aay Combination Restraining Trade
I nlaw Tal Court Not Permit
led to Read Qualifica
tion Into Statute.
N KV YORK. Nov. T sweeping
character of the rate decision of the
United States Circuit Court In declar
ing the American Tobacco Company to
be a combination In restraint of trade
is attracting widespread attention In
business circles and anionic members
of the lepiil profession, who have riven
special attention to the trunt question,
not so much for Its Immediate effect on
the allied tobacco interests, but more
tartlcularlv for Its scone and effect
upon all classes of Industrial comblna
lions engaged in Interstate traffic.
"An appeal from this decision to the
United States Supreme Court Is now In
active process of preparation by coun
sel In the case. There has ben a se
rles of Judicial Interpretations of the
Sherman act. both in the Federal Court
' and In the United States supreme
Court, but the consensus of opinion Is
that the recent decision in the tobacco
case Klves a dnniteness and scope of
Interpretation far beyond any Judicial
utterances heretofore made. The full
text of the decision now available, cov
ering; 44 larK printed paa-es, shows the
far-reachlnic nature of this latest ex
position of the law. It also discloses.
In the lanifuae of the Jufiire, the grad
ual development of judicial Interpreta
tion of tTie law up to the present time,
Judfte Coxe. one of the concurring
jtidKe. Matin that "Since the Knlftht
ase (against the suitar refineries) the
tendency has teen constantly toward a
wider scope of the statutes."
Jiidse I.aconibe Defines Law.
J u dire Urnmhf In his majority opin
ion defines the statutes of the law to
day as follows:
tUsreeartllnc various dicta and following;
th- vcrl propositions which have been
approd hr sucielve majority decisions o
th Supreme Court, tht Isnieuare (."hfrmin
Arti i to be construed as prohibiting any
vontrart or combination ihow dtre-t effect
I to prfnt the free pfciv of competition
and thus tnd to deprive the country of th
Mrvlos of any number of independent denl
rr, however small. As thus construed, the
statute ts revolutionary. liy this It Is not
Intenited to imply that the construction Is
Incorrect. The art may he termed revolu
tionary because, in It passage the Courts
had reroirntxed a reatralnt of trade, which
was held not to he unfair, but permissible,
although It operated in sums measure to re
strain, com pet 1 1 Ion.
By Invrnsthle decrees, under the operation
of many causes, business, manufacturing
and trad In st alike, has more and more da
vloped a tendency toward larger and laricer
aKKrexatloas of capital and mote extensive
combinations of individual enterprise. It
t contended that, under extstlne; conditions.
In that way only can production be ln
rrraPfd anil cheupened. new markets opened
and developed, stability In reasonable pries
serured and InduMrtal progress assured. Hut
every acsrt'itation of Individuals or corpora
tion formerly independent Immediately upon
Its formation, terminates an existing com
petition; whether or not some other com
petition may subsequently arise.
Prohibits All Combine.
Tlie act as above construed prohibits
fiery contract or combine In restraint of
om petit Inn. SI we is not made the test; two
ImllvialuMls who have been drlvlns; rival ex
press wacns between villages in two con
tiguous Mates who enter Into a combine to j
j'uu irvT- aiiu m Mingle line rrimm
an rsiKtliur competition, and it would seem
to nialtt little diflerenc whether they msk
such combine more effective by tormina; a
partnsranip or not.
What banents may have ooroe from this
combine or from otbara complained of.
la not materia! -to Inquire, .nor need subse
quent .business methods be considered; or
production of prices.
LOSE FOUR
DEMOCRATS GAIN' SIX IX XEIT
CONGRESS.
Temporary Kollcall Is Published
Showing Complexion of
Next House.
WASHINGTON. Nor. The tempo
rary rotlcatl of the House of Represent
KtlTes of the Cist Confrress has been com
pleted and published. It represents a com
plete list of the members of the new
House mm shown by unofficial returns and
ztves the politics of all of them. Accord
ing to this publication, the next House
will constat of 21 Republicans and 172
liemocrats, a total of 391. as against a
total of 3S9 In the House during the last
session, of whom 213 were Republican
and lttf remocrats.
The result la a net loss of four from
the Republican side and a net sain of six
on the Democratic side, the discrepancy
being due to the present vacancies. All
told the Democrats gained IT districts and
the Republicans 12.
The most marked advance made by ths
Democrats was In Indiana, the home of
Jlr. Bryan's running mate. Mr. Kern. Of
the 11 members constituting the Indiana
delegation, only two will be Republicans
in the next Congress, whereas In the
present Congress there are eight Repub
licans from that state.
ilr. Bryan s own state of Nebraska
added two to the Democratic column in
the House, makinsr an equal division ot
the sut members from that state. Of the
other Democratic gains. Ohio recorded
three. Colorado three, Illinois ons and
Kentucky one.
The most striking accretions of the Re
publicans were made In North Carolina,
where there waa a gain of two. Missouri
and Pennsylvania also switched two
members each from the Democratic to
the Republican side and New Jersey,
Rhode Island and Wisconsin each sup
plied one to the Republican additions.
Otherwise than as here noted, the vari
ous state delegations will remain as at
present. The Republican majority on a
full rollca.ll will be 47 as against 67 at
present.
MAN'S DEATH IS MYSTERY
l liable to Determine How Northrup
Was Caught in Coal Bunkers.
SPOKANE. Wash.. Nov. IS. gpecial.)
The death of J. C. Northrup. of Palouse.
Wash., who was killed Saturday night In
the coal bunkers In the Northern Pacific
ards, is siili a mystery. sJlboufu Lhar-
oiijhly Investigated by his brother, E. R.
Northrup, and his brother-in-law, H. C.
Johnson, of Palouse.
Any theory that he was robbed Is made
untenable by the fact that about $10 was
found In his pockets when the body was
taken to the morgue. Tlie watch, which
ts miss Ins;, ts believed to have been torn
from the chain, which was broken and
was still fastened. The body was dragstd
70 feet by the buckets which raise the
coal to the bins and after its discovery
the machinery had to be reversed and
the body dragged back over that dis
tance before it could be released.
His presence in the railroad yards Is
accounted for by a theory that he was
walking out to see an aunt who lived
beyand them. The Northern Paclttc em
ployes, who saw him before his death,
do not agree whether he was drunk or not.
CHURCH RAPS PRESIDENT
LITIIEHAXS KEPI.Y TO HECEXT
LETTEIt OX HELIGIOX.
Sjnod "Declares Separation
Cli ii rcli and Suit e Com pel s
Vote Against Catholics.
Of
NKW YORK. Nov, 16. In an onrn let
ter to President Roosevelt, the original
of which it was stated was mailed to the
President Saturday night and a copy of
which was made public here yesterday, the
New York City members of the synodlcal
conference of the Kvangfticat Lutheran
Church of America take Issue with the
President over the letter made public a
week ago In which he denounced as "un
warranted bigotry," any refusal to vote
for a candidute for hijfh of rice because of
such candidate's membership in the Hu
man Catholic Church.
The letter to the President . declares
that the Roman Catholic Church had de
nounced for centuries a wronc and a
condition only to be tolerated so long an
It could not be changed reparation of
church and state, and abto full religious
liberty, freedom of speech, conscience
and the press.
"How could subscribers to the doctrine
of separation of church and state," the
latter went on, "consistently help to elect
to the Presidency a Roman Catholic so
Ions; as that church does not oflh-sully
revoke Its 'dlametrlully opposed declara
tions? "Are the two million and more Lu
therans of this country, not to speak of
the .nil I Ions of other Protestants who
tak this position for the reasons stated,
to be accused of biffotry or fanaticism
because of such stands?"
The letter concludes:
"We protest that It Is neither per
sonal feeling nor religious antagonism
which determines our attitude in tlils
matter, but solely our disagreement
with, the Roman Catholic Church on
this basic principle, a disagreement
growing out of the rejection and de
nunciation by the Komnn Catholic
Church of that very principle which
you admonish all faithfully to uphold,
not only in theory but in practice."
CURFEW CHILDREN'S HOPE
CI i lea to Enforce Law on Large
Sen le.
CHICAGO. Nov. 16. Chicago proposes
to test the value of the curfew
law on a large scale, w Ith "white Slav- j
young girls and boys disappearing almost
dally, the police and all genuine reform
elements are In favor of trylnjp the plan
of driving all children under 14 years of
age to their homes at 9 o'clock In the
Winter and at 10 o'clock In the Summer.
The Juvenile Protective League ts the
principal backer of the plan. It Is pro
posed to clear the streets of all children
except those bearing written permission
from their parents, and engaged In some
necessary errand. It has been shown
that the law can be enforced here, for
the settlement back of the stockyards,
which fairly riots in children, has en
forced the curfew law for more than a
year, with remarkable results.
The police say the curfew law rigidly
enforced la the only salvation of the chil
dren.
SAVE FRJDM WATERY GRAVE
Tugs Hescne Steamer About to Go
od Rocks.
SEATTLE, Wash., Nov. IS. With 60
passengers cheering as only persons can
when snatched from what looked like
certain death, the tug Pioneer and the
Army Quartermaster's tug. General Evan
Thomas, got lines to the Straits Steam
ship Company's steamer Perdlta as she
was going on the rocks at Middle Point,
near Protection Island, this evening at 8
o'clock. When picked up the Perdlta was
within a few ship-lengths of the rocky
shore. A full southeast gale was blowing.
The Perdlta was making her way up the
straits on the run to Seattle this after
noon when one of the boiler-tubes blew
out, leaving her in a helpless condition.
She was sighted and word sent to Port
Townsend. The Evans and the Pioneer
were at once sent to the rescue, but did
not pick up with the Perdlta until 8
o'clock.
KAISER DEFERS AUDIENCE
Again Irritates Public by Delaying;
k Receive Chancellor.
BERLIN. Nov. 1. Because of the
death of General Count Huelen-Haeseler,
Chief of the German Military Cabinet,
the Emperor has telegraphed Chancellor
von Buelow that the audience arranged
to take place at Kiel today aboard
the battleship Deutschland must be de
ferred. The Emperor will return to Ber
lin Tuesday, when the meeting between
him and the Imperial Chancellor which
the country awaits with Intense feeling
Is expected to take place.
Public Irritation against the Emperor
as indicated In the newspapers and In
general conversations wherever one goes
seems to increase with the delay In re
ceiving the Chancellor. The expectation
appears to be that the Emperor, If he rec
ognizes the feeling of the country, will
make some sort ot a declaration which
may tranqulllse his subjects.
CniXESE SEIZE MACAO COLONY
Portugal fiends Cruisers and Thinks
Situation Serious.
LISBON. Nov. If. via frontier. Dis
patches received here from Macao. China,
state that the Chinese have occupied the
colony, which Is Portuguese territory and
the situation la most serious. The na
tives refuse to obey the Portuguese au
thorities and tbe Chinese troops which
have Infested the place have seized the
customs. Fighting Is momentarily ex
pected. The pretext advanced Dy China lor oc
cupying the territory Is that when the
Japanese steamer Tatsu Maru was cap
tured by the Chinese, two miles off Macao,
Portugal, In order to avoid the responsi
bility In Intervening, claimed the seizure
was In Chinese waters. This, according
to the Chinese government, amounted to
a renunciation ot Portugal's sovereign
rights In Macao.
A cabinet meeting yesterday decided to
dispatch to the scene of the trouble the
cruisers Rema Dona Amelia, Adamaster
and Patria and the gunboat Rlolima. The
Portuguese newspapers unanimously are
of Uie opinion .that Iht siuutuui la acute,,,
SPECIAL SESSION
TO TALK TARIFF
Taft Will Convene Congress
' Soon as Possible After
Inauguration.
VISITS AT WHITE HOUSE
Spends Xlglit With President Before
Returning to Cincinnati Says
He Will Not Meddle In Ohio
Senatorial Election.
WASHINGTON. Nov. 1C That a special
session of the Mat Congress will be called
soon after the fourth of March to take
up the matter of tariff revision, became
positively known yesterday when V. fx
Taft. President-elece, after spending Sun
day at the White House as the guest of
President Roosevelt, stated that he In
tended to call the special session to meet
as soon after his Inauguration as would
be reasonable.
Judge Taft left last evening for Cincin
nati, where ' he had been summoned on
matters of family importance, but which
he assured the newspapermen who had
gathered at the White House was in no
manner connected with politics.
The day proved to be a busy one for
the President-elect. He spent the night
at the White House as the President's
guest and breakfasted with the family
During the forenoon the President and
President-elect discussed matters pertain
ini? to the present 'and the Incoming
Administration. No announcement was
made as to the principal' topic of discus
sion, although Judge Taft adroitly ad
mitted that It waa not tlie weather.
Holds Reception at Church.
About 10M o'clock. Judge Taft emerged
from the White House to attend services
at All-Souls Unitarian Church, his usual
place of worship when In Washington.
Five minutes afterward President Koose
velt started for the Dutch Reformed
Church.
Judse Taft sat in a pew near the en
trance to Ills church and after the ser
vices held a few minutes reception with
fellow-members. On his way to the
White House lie met Associate Justice
William H. Moody of the Supreme Court
of the United States, who walked with
him to the executive mansion. Politics
was discussed at lunch, at which Sec
retary Ro:t and Representative Long-
worth were also the Presidents guests.
Ambassador Henry White, of Paris; Post
master-General Meyer and Beckman Win-
tlirop. Assistant Secretary of the Treas
ury, dropped In during the afternoon
to nay their respects.
Following the various conferences ot
the day. Judge Taft talked freely about
his Dlans for the immediate future. After
spending two or three days In Cincinnati
he said he would again join Jirs. lau
In Hot Springs.
Senatorial Fight Not His.
In reply to a question he said that the
Senatorial situation In Ohio was not
taking him there, as he did not intend to
attempt to Interfere with the choice ot
a Senator there or In any other state.
He expressed Ills pleasure that the
elections in Cuba had been held without
any disturbances and added that he had
uot anticipated any trouble.
While on the subject ot insular gov
ernments, a Filipino newspaperman asked
the President-elect If he had any message
for his people.
"Nothing other than to say that If
personal Inclinations were to control
me I would find more pleasure in what
I do for them than in any other line."
When his attention was called to the
hearings now being held by the ways
and means committee of the House,
looking toward the revision of the tar
iff, he said that now Is the time for the
Interests that have been asking; for a
revision to come forward and produce
their arguments. He -was asked if he
had noticed the reference by Democrats
on the commutes to bis views in regard
to the tariff on products of the Phil
ippines. Takes Fling t Democrats.
"Yes. but the remarks were not
frightening nor novel," he replied. "My
experiences with the Democrats in re
gard to the tariff are that they want
free trade on everything that Is In the
next country."
At least, he added, that was true of
the Philippine tariff.
The President-elect stated that the
Republican party had promised to call
a special session of the new Congress
to revise the tariff and that he intended
to carry out the promise as soon after
his Inauguration as would be reason
able. WHALE CATCH IS LIGHT
Belvedere Returns From North With
Only Three Mammals.
S5AN FRANCISCO, Nov. 16. Reporting
an unsuccessful cruise, the whaler Belve
dere returned to port today, after an
absence of eight months in the North.
The Belvedere caught three whales,
which netted 6000 pounds of bone. Four
other whales which had been caught
made their escape under the Ice or by
breaking the line.
The Belvedere reported that when she
left Unalaska 24 days ago the United
States revenue cutter Thetis was still
there guarding two Japanese sealing
schooners which had been confiscated.
Because of the poor season reported by
all the whalers that have returned to
port. It is said that the outfitters have
decided to lay the vessels up for sev
eral seasons. The largest catch made this
season was Ave whales and Is credited to
the Beluga. The other whalers were for
tunate enough to get two or three mam
mals, which is far below the average
catch.
HONOR ITALIAN PATRIOT
Friends Dine Man Who Hurled
Bomb at Emperor Napoleon.
LOS ANGELES, Nov. 16. Prominent
Italian residents of this city and San
Francisco sat down to a banquet last night
in honor ot Count de Rubid, an Italian
patriot, who in 1S58 was one of the men
who threw bombs at the carriage of
Emperor Napoleon In Paris. There were
nearly a hundred guests at the banquet
and speeches highly eulogistic of the
Count, who has been a resident of this
city for years, were made.
Count de Rubfo told of his attempt on
the life of Napoleon, his arrest and ban
ishment to Devil's Island after Queen
Victoria had Interceded for him and suc
ceeded In getting the death sentence
changed to life imprisonment. He . es
caped from the island Just before tho
Civil War. and, coming to the United
States.' served throughout the war wltb
disUacUoowianiiig Uae. Lank o .Major.
'ie ony baWng powder made from a $ 1
VsA Royal Grape Cream of Tartar itflk
Vk MADE FROM GRAPES JfJJi
i&OW' greatest healthfulness and jjfQs
usefulness. No alum or Jit
l?r Absolutely
ruRE I
TAKE SIOE TRIPS
Denver Labor Delegates Go
on Excursions.
WILL HEAR REPORTS TODAY
Future Policy of Organization on
Important Matters to Be Deter
mined Gompers' Recommen-
dutions Are Accepted.
DENVER. Nov. 16. Nearly all the
delegates to tlie 2Sth annual convention
of the American Federation of Labor Sun
day made an excursion to the mountains
near Denver as guests of the local unions.
Frequent reference was made in con
versation among the excursionists to the
fact that yesterday was the 27th anniver
sary of the founding of' the organization,
now comprising 1.686.SS5 members, of
which Samuel Gompers has been presi
dent 26 years.
Reports of committees will be the orde?
DINNER
With Each Dining
Table Sold Before
Thanksgiving
COUCH SALE
$18.00 Couches $1 1.95
This is the way the
the same couch, $27
Parlor Suite Sale
$37.50 3-Piece Suite $21
Settee, Arm Chair and Arm Rocker, Very
Latest Plush Loose Cushions.
This same suite is sold
as follows: $57 3-piece Parlor Suite price $28.50
DO NOT PLACE YOUR
ORDER TILL YOU HAVE VISITED
OUR STORE
. 3 BLOCKS EAST OF
Branch Store at St. John,
of the next three or four days In the
convention, which will resume It's ses
sions today, and the discussions will
probably develop the future policy of the
organization on many important ques
tions. The members of the committee
on president's report have unanimously
agreed to a report approving every ut
terance of Pres'dent Gompers In hla an
nual address, which was read -laet Mon
day, and the convention is expected to
concur in the report of the committee
without discussion.
No member of the committee made ob
jection to President Gompers' proposi
tion that unions refrain from raising
funds for the employing of counsel for
tho defense of Injunction cases, and to
go to jail, if need be, after personally
defending their rights before the courts.
Federationists declare that the adoption
of this policy will prove more effective in
bringing about reform in the injunction
laws of the country than anything else
that can be done by organized labor.
One of the expected controversies of
the convention has been averted by the
announcement of President Thomas I
Lewis, of the United Mineworkers of
America, that he was not a candUate
for the vice-presidency of the Federa
tion in opposition to John Mitchell. It is
understood thnt Mr. Mitchell will run
against Mr. Lewis for the presidency of
the Mineworkers, from which he retired
a year ago on account of poor health.
It is announced that a fight will be
made against the re-election of Daniel
J. Keefe as sixth vice-president and mem
ber of the executive council. Andrew
Furuseth, president of the Seamen's
Union, has been put forward as the can
didate of Keefe. No opposition has de
veloped to the re-election of other mem
bers of the council. "
No Derrevtne In Lombrri Use.
WASHINGTON. Nov. JS. Great as the
SET
high-rent dealers sells
Couch tyi price $13.50
by the high-rent dealer
MORRISON BRIDGE
Opposite the Postoffice
FREE
your money when you buy shoes; if you buy Selz
Royal Blue shoes here, you will. ."NVe believe in a
fair profit for both sides in a shoe bargain; . we
make one when we sell Selz Royal Blue shoes; but
it's not a larger profit than you make when you buy
them.
They're profitable shoes; give you more real
value for the price than you're used to.
Selz Koyal Blue shoes, $3.50, $4, $5.
advance in fireproof construction has
been during the laet 10 yeara, there has
been no decrease in the use of lumber,
according to a statement iwued by the
Bureau of Forestry. Both architects and
builders admit, it says, that the forests
of the country Bre likely to be the chief
Fortune Telling
Docs not take into consideration the
an's happiness womanly health.
The woman who neglects her health is neglecting the
very foundation of all good fortune. For without health
love loses its lustre and gold is but dross.
Womanly health when lost or impaired may generally be
regained by the use of Dr. Pierce's Favorite Prescription.
This Prescription has, for over lO years,
been curing delicate, weak, pmia-wracked
women, by the hundreds ot thousands
and this too in the privacy ot their homes
without their baring to submit to indeli
cate Questlonlnfs and offensively repug
nant examinations.
Sick women are invited to consult Dr. Pierce by letter frit.
All correspondence held as sacredly confidential. Address World's Dispensary
Medical Association, R. V. Pierce, M. D., President, Buffalo, N. Y.
Dr. Pibrcb's Great Family Doctor Boo, The People's Common Sense
Medical Adviser, newly revised up-to-date edition 1000 pages, answers in
Plain English hosts of delicate questions which every woman, single or married,
ought to know about. Sent free , in plain wrapper to any address on receipt of
21 one-cent stamps to cover mailing only, or in cloth binding for 31 stamps.
RELIABLE PIANOS
PLAYER PIANOS
RELIABLE HOUSE
THE WILEY
Phoeni Bldg Cor. Fifth
Michaels-Stem
Clothes
I
SSI
are for voting men wh
would play leading par
the social and business
of their town.
These sterling gar
ments contain sublen'es
in style and tailoring
not found in any other
.1 t
3
1
i
clothes unless you pay
twice the cost.
Tit teatotn mete,
rst modth thomU
t ts tale is ymr
dry If nt, m'll
ItU you where
t ibtoin $htm
and mt'U site
formers' sr
handsome Port
folio of styles
if jom'U tend
us your local
dealers same.
61
iT. sm . gr t.-
Profit on shoe rhoney
paid for
ROYAL BLUE
You ought
to make a
profit on
Cor. 7th and Washington Sts.
source of building: material for many
years to come. . It states that the heavy
demand for lumber continues, although
all of the various fireproof materials go
ing into approved building- construction
are now used in greater quantities than
the world dreamed of a few years asro.
one essential to wom
B. ALLEN CO.
Entrance, 304 Oak
IsBSSSBBlW
til
2 it,
Cooking and Heating
Fuel and Trouble
Savers
EVERY CHARTER OAK IS
GUARANTEED
If your dealer trie to talk you into tho
iMtako of buyinff another make, write to no
CHARTER M STOVE AND RANGE CO.
ST. LOUIS, MO.
SELZ
' "
We ill:- :
Zi. -Ir - " ' I
'' x a
flP .x saw: w f Ik U
4