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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Dec. 1, 1908)
THE 3I0RXIXG- OREGOXIAX, TTTESDAY, DECEMBER 1, 1908. - - - - l.i i i i I m i fca RATE DECISION IS AGAINST R OADS United States Supreme Trib unal Upholds Contention of Virginia. REVERSES CIRCUIT COURT 3:nlluay Must Take Their Case to State Court of Last Resort Be fore Appealing to Fed eral Authorities. WASHINGTON. Nov. . Justice Holmes today announced the decision of the Su preme I'ourt of tike United States in the case of the give Virginia railroads vs. the State Corporation CommlMion of Vir ginia, calling in question the order of the Commission fixing a uniform rate of 2 -nt a mile for carrying passengers in the state. The decision reverses the Judg ment of the Vnited States Circuit Court for the eastern district of Virginia, but only on the narrow ground that the rail roads have appealed from the Commis sion's order to the Supreme Court of Vir ginia before seeking the Intervention of the Federal courts. In effect the court directs that the rail road companies take their case to the state court of lafft resort, and that In or der to prevent Injustice through the ap plication of the statute of limitations, the case be retained on the docket of the Vnited States Circuit Court, by which it was originally decided favorably to the road?. Not Necessary to Wait. It is not the intention of the decision that the railroad.-' should resort to the Virginia Supre:,,? Court of Appeals, and after its decision is rendered appeal to the Federal Supreme Court, but that if ine verdict of the Virginia Court is not satisfactory the roads may resume the proceedings In the United States Circuit Court. On this point the court said: "If the rate should be affirmed by the Superior Court of Appeals, and the rail roads still regard It as confiscatory, tney will be at liberty to renew their applica tion to tiie Circuit Court without fear of heliur met by a plea of res adjudicata. It will not be necessary to wait for prose cution by the- Commission." In the case the Virginia Commission . .had iixtd.Jk rate-of 2 teat a. mile and was proceeding to publish it and take the . .' initial .steps .to enforce it. Thereupon the -1 railroads wnt Into .the Cft-cult Court of .the Itiited States and obtained an in junction against the Commission enforc ing the rate ort the ground that it was ' confiscatory. To the bill in this case the 'members of the Virginia Commission de- murred. not raising the question of the merits of the 2-cent rate, but claiming '-.that the Commission had exercised the 'authority and Jurisdiction of a court 'and that its order was. thereore. Res ' J AdjwiM-ata. and could noti b inquired Ilinto'-er interfered with by the Circuit Court of the United States. . ' Overrules Contention. Supreme Curt Justic Holmes, deliver ing the opinion, overruled this contention, .,holding tha.t the Commission was not a court whn making a rate, but was act : Ing legislatively, and that its action was "nnt Res Adjulliata and not beyond the ' '.reach of the Federal Courts, if it violated jsnv provision of the constitution of the . United tSates. Under the Virginia sys '. tem. however, an app"Bl was given as of right from the action of the Commis sion making the rate to the Supreme ICourt of Appeals of that state. J The Supreme Court, of the United , ; State further held that toe .action of the - j Court of Appeals of Virginia, on such appeal from the Commission in making th rate was Itself legislative and not '- judicial and tliat It likewise was sub- - "ject to be inquired Into, and if it violated - any constitutional rteht of the carrier .was si'bject to be enjoined in the Clr "cuft Court of the United States. The Supreme Court held further, how . :ever. tint as the State of Virginia had ' ;g;ven "This right of appeal from the Com mission" the final legislative word of the ' state irr -respect to the rate is not said .until the State Court of Appeals says it, and that under these circumstances it is proper for the carriers, before going into the Federal Court, to see if the State court of Appeals will not correct the wrong of the Commission which Is com plained of. and if it refuses, it will then 1? time for the carrier to come Into the Circuit Court of the United States. Will Be Ketained. The United States Supreme Court, there fore, while reversing the decision of the court below, ordered that the bill will hi retained In the Circuit Court to see what the Court of Appeals of Virginia will do when an appeal is taken to it. and if it is now too late to take ap peal, the order of the United States Cir cuit Court enjoining the Virginia Com mission must be affirmed. REBELS 'll EARING CAPITAL (ontin'ied From F1rt Page.) tilght to bombard one of the ports held by the revolutionists, but Is expected to return shortly. Tiie resignation of General Tancrede Auguste from the office of minister of public works was brought about by his denunciation by General I.e Conte. min ister of the interior. to President Alexis. General August succeeded General I.e Conte as minister of the interior, when It was believed the lat ter hail been killed, but General L.e Conte was given bnck his old post on his return here. He charged that Gen eral Alienate had ;in agreement with the diplomatic representatives for the retirement of the President. SOLDI KItS ARK DESERTING CJoverniiient Tie Trixips Before Em barking Tliein. WASHINGTON. Nov. 31. A dispatch from Minister Furniss. stating that the llaytian government admits that the In surgents are in possession of Mlragoane and the strategic bridge this side of that place, was received at the State Depart ment ttMiay. The Department a"o learned from a private dispatch that the report that Petit Goave has-been taken by the revolutionists is confirmed. The revolutionists, according to this Information, are about 10 hours' march from Port Antonio. Minister Furniss. In his dispatch, states that the Cabinet believes that the end is near, and that the government troops are constantly augmenting those of the insurgents, who are well prepared. The President Is firm in his desire to fight. Tha government Is embarking troops, who are tied together to prevent them from deserting before they get on board. . " At meeting of the diplomatic corps today, Binh-ter Furniss states the fol lowing was the unanimous opinion: "that .the- situation is not such as to call for any 'action of the foreign repre sentatives, but that if the Insurgents take Legoane and reach the city limits, it would be desirable to notify the con testing parties that pillage, incendiarism and massacre will not be permitted." PREDICTS WAR WITH JAPAN Russian Paper Says Cnited States Will Fight Mikado. ST. PETERSBURG. Nov. 30. An ar ticle published today in the Russ, a paper which lias continually preached war be tween the United States and Japan, strikes the only discordant note in the Russian press comment on the recent agreement between the United 9tates and Japan, which, among other things, guar antees the integrity of China. This agreement, according to the Russ. mVrelv postpones the inevitable struggle until 'the end of William H. Taft s lerm of office. The two nations, says the Russ. have surveyed the situation and lu.ve decided tl at a poor peace, is better than a good quarrel. The American na val programme and the American fortifi cations on the Pacific are not yet com pleted, and Japan is in financial straits. The outcome of a naval conflict today between the two countries would be un certain, but the paper predicts that under cover of ihis new agreement each will push its war preparations to completion. UNCLE SAM TO KEEP ALOOF Will Not Intervene In Haytlan Re bellion at Present. WASHINGTON, Nov. 30. The United States Government has no present inten tion of intervening In Haytlan affairs. This statement is made on the best of authority. The situation In the island te an internal one and as far as known here it is to deal entirely with the people. The Haytlan situation is not complicat ed by the position of the work of "enii grados." which obtains so frequently In Central American Revolution. President Nord Alexis has been in power a number of years and for the time being at least there is no ground for American interven tion. The case Is not like that of Santo Domingo, where the American Govern ment did Intervene and where a request to that effect was made. Hayti has made no such request. Would Welcome America. PARIS. Nov. 3"). French official advices represent the Haytlan situation as critical. The French Minister, M. Carteron, has received Instructions to act in harmony with Mr. Furniss. the American Minister. The Associated Press was informed today that France not only would not object to American intervention in Hayti, but that she would ultimately welcome any step to put an end to the anarchy in the re public. AUTO INJURES THREE Plunges Into Deep Cut With Fatal i Results. NEW YORK. Nov. 30. An all-night "Joy ride" In a borrowed automobile came to a disastrous end early today when the big touring car swerved from a road in Brooklyn, tore through an iron fence and plunged into a deep cut where the Long Island Railroad enters the tun nel at Atlantic avenue. Bertram Zenwick. a clerk, aged 20,. of Glendale. L. I., had his skull fractured and was Internally Injured. There is practically no chance for his recovery. Frederick Blackenbern. a butcher, whose home is also at Glendale. suffered a con cussion of the brain, and Louis Thiesen. a Glendale silk weaver. 23 years old, sus tained a fractured rib. Charles Hoffman, the chauffeur, es caped unhurt. He is under arrest. He is a nephew of Mrs. J. Gascome, owner of the automobile. The party had spent the night at Coney Island and were returning home when the accident . occurred. The machine was driven at high speed when it plunged through the iron fence at the same spot where Martin Connolly, Jr., was killed in a similar accident on October 12. EXCHANGE OF NOTES MADE Agreement Between Japan and the Vnited States to Be Known. 'WASHINGTON. Nov. 30. Secretary Root and Ambassador Takahlra, of Ja pan, exchanged notes this afternoon at the State Department concerning the declaration of five articles which are to govern the policy of the two countries in China and the Pacific, a full public report of which has been set forth In the Asso ciated Press dispatches. A final meeting between Mr. Root and Mr. Takahira preliminary to the signing of the note was held in the morning, when the matter was gone over finally. The articles will be given to the press for publication Wednesday morning. The State Department is pleased with the manner in which the intention of the two governments regarding the Pacific and China has been received. The newspaper publications show that there is still some real misconception of the attitude of the two countries, and for this reason Secre tary Root says the exchange of notes is useful. " NAMES NOT MENTIONED Sirs. Gould's Attorneys Refuse to Reveal Co-respondents. NEW YORK. Nov. 30. When argu ments as to the filing of the amended complaint of Helen Kelley Gould against Frank J. Gould In her case for divorce were heard before Justice Beabury today, attorneys for Mrs. Gould declined to give the names of the several alleged co-respondents, her attorney, Herbert Smythe, saying the defendant was trying to obtain all the publicity possible in the case, which was Just what the plaintiff did not want. Clauses were read describing the per sons of the co-respondents and giving the places wiwre the acts complained of by Mrs. Gould are alleged to have beeri committed. One of these was North Syd ney, C. B.. and Paris was another. In Paris, adjoining or connecting rooms were alleged to have been occupied by "Miss Blank" and the defendant. Decision in the matter waB reserved. MAY SUCCEED NEWBERRY Satterlee Is Mentioned for Assistant Secretary of Navy. WASHINGTON. Nov. 30. Herbert I Satterlee, of New York, it Is understood has been tendered the position of Assist ant Secretary of the Navy, to take the place of Truman H. Newberry, who to morrow becomes Secretary of the Navy, succeeding Victor H. Metcalf, whose resignation becomes effective then. Mr. Satterlee is a Republican and has been Identified with naval matters for some time. He is a lawyer and a mem ber of the Bar Association of New York. During the war with Spain, Mr. Satter lee was a lieutenant and served as chief of staff to Captain John R. Bartlett. He belongs to the naval order of the United States, the Seamen's Institute and the Society of Naval Architects. He was born in. 1S63 and is a son-in-law of J. P. Morgan. Just 22 Shopping Bays Do Your Olds, Wortman & King s SHOPPING EARLY AND SHOP AT rl J The head center of interest for young and old; the part of the store Oylana -Jhe spirit 0fXmas and youth grips all who come and makes them fl and share in the Yuletide enthusiasm and sentiment. DOLLS From "little teeny" ones that sell at 1 each, to distinguished, dignified French Mademoiselles, dressed m the latest Paris creations, and selling at $25 each. It costs but little to have the best in dolls if you shop at this store. Ihe assortment is indeed a wide one, and with an immense stock, we are in position to make lavorame prices. q I IRON FIRE ENGINES, 6V2 OpeClOl jncn sjze nicely painted, 2 horses, sell regularly at Juc, special at only, for this sale. . . . . 18c o DRESSED DOLLS, 13 in. iDpGClGL sjZC) sleeping eyes, fancy bonnet and lace dress.' assorted ' ' CO colors, 75c value, special JOu TOYS FOR BUSY BOYS Quiet games for quiet children ; en gines that "go" and drive all sorts of power plants; friction toys, mechanical trains; key-winding toys; automobiles; Irish mail and various toys for fun and. exercise. A visit to this de partment with all these toys, dear to a boy's heart, spread out in glorious arraj- will delight both you and the boy. o 1 UNDRESSED DOLLS, 20 tDpCClCIL n l0ng, jointed, sleeping eyes, sewed wig, regular $1.35 QQp value, special only, this sale dOu Great Blanket Sale Chilly evenings must and will come but you can look forward to them without dread if you take advantage of this unusual sate of fine blankets. Our home- fitting shops have outdone former efforts in assortment and values. Investigate the bargains we are offering here. .52.50 White or Colored Blankets, in fine finish, with pink or blue borders, nicely bound; regular price $3.2o the pair, special Fine Blankets In very pretty shade tan, with pink or blue border; splendid $5 OQ QC values, the pair 00iu J White Blankets Full size, nice Iv finished; made with fancy border; $4.50 values, spl. low price, pr. . . SUPERB QUALITY GRAY BLAN KETS Silk, bound, nicely finished, fancy border; $5.50 values. Oil JJC the pair, for the low price of. . Ot'iT" J PLAID BLANKET ROBES In. red and blue, Rob Roy checks or shepherd's checks. Suitable for bedding or blan ket robes; regularly $7 the pair, at special low price 01 S3.75 Blanket Robes, $2.50 Over a dozen colors and patterns to choose from; each blanket is large enough to make a com plete bath robe ; very attractive designs; splendid' CO Kfl values, only vZiuU Gray Blankets Full size, good weight, nicely bound and fin ished; fancy border; regular $4 values, special at the low price, per pair. . GRAY BLANKETS Regularly $7.00. the pair, special for only, the pair $3.25 Street Coats !3 Less Every Street Coat Worth $25 and up included in this Marvelous Offer. Many are handsome enough for dress wear, and there is everything possible to wish f or in street coats. Opera Coats Are Not Included. The materials are broadcloth, silk, satin, velvet and wool eoods in plain colors or fancy mixtures. Many styles; many colors; all sizes; entire stock worth from $25.00 up, your choice at 13 LESS $32.50 to $38.50 Suits at $21.65 Decidedly handsome and stylish models and made of the best sorts of materials. Most of them are in plain tailored styles, but some are very effectively trimmed with braids, buttons, etc. The fabrics used are cheviots in plain or fancy mixtures, wide wales, herring bones and broadcloths. There is a wide assortment of colors and plentv of sizes. Depend upon it, this is Portland's best suit offer for today. (Jome and save iiDeraiiy. worm $32.50 to $38.50. Special at ..S5.45 worth $5,85 BABY BLANKETS, $1.25 Very cun ning little Baby Blankets,- in "Teddy Bear," "Mother Goose" or "Bo-Peep" designs; colors blue and white, or pink and white; specially (M OC priced at only VHtu L( 1I11U V I 1-V 1- .521.65 Fine Plumes Are Greatly Reduced All grades and colors, including black and white; our plumes are of the very best quality, the sort handled exclusively by the bet ter sliops; regular ,, f nrices $6 to $33 V4 L.ess T - Ospreys, aigrettes, Paradise plumage, uncurled ostrich, fancy pieces, birds, wings, fancy feather bands, quills, large or small flowers, and a large variety of the most artistic hat trimmings; our en tire line specially priced r for today at .' VS Reading Lamps Will Make Most Excellent Christmas Gifts A gas or electric Reading Lamp would make a most acceptable and useful Christmas gift Select one now and make a small payment we will lay it aside until you are ready for it. Choose early and you will have a magnificent assortment. ELECTRIC READING ' LAMP, 'with brass stand, 17 inches high, with 10 inch square shade; green or OM M opal, with fringe, special OtiUU ELECTRIC "READDTG LAMPS in mission finish, with: 12-inch square shade; spe-. CO OR cially priced at, only. . . 0"' 3 J READING LAMP with white shade, special com- QO 0 0 plete for ...OZiOO Complete, fancy shade $3.20 Complete, fancy shade $3.75 Complete, fancy shade $4.80 Complete, fancy shade $18 Every electric lamp and port able in our stock reduced for this week's selling. GAS READING LAMPS, com plete with burner, mantle, tube and shade ; extra spl. prices this week. Gas lamps, with QQ Afl white shade, special. . $LiHj Gas Lamp, fancy shade $2.80 Gas Lamp, fancy shade $4.80 Gas Lamp, fancy shade $7.75 Gas Lamp, fancy shade $9.00 Gas Lamp, f 'ncv sh'de $12.25 Gas Lamp, f 'ncy sh'de $19.90 Our entire line containing hun dreds of stands and shades all specially priced for this week. ANDIRONS AND FIRE SETS SPEC'L Black Andirons, special, set ...$1.50 Blaek Andirons, special, set . . .$2.00 Black Andirons, special, set . . .$4.05 Black Andirons up to $28. SO Brass Andirons, special, set $3.38 Brass Andirons, special, set $5.40 Brass Andirons, special, set $4.50 Brass Andirons up to $21.G0 FIRE SETS, in brass or black finish, complete, especially priced M 5 QC as low as $2.40 and up to. . 0 I Ji J J Fancy Dress Goods 93 c Inordinary savings and superb assortments com bine to make this sale of absorbing interest. Very smart effects in novelty wool suitings (our entire stock) at these prices. Supply your fabric wants while this opportunity holds, for this is the greatest dress go. s bargain of the year. Reg- iO ular $L25dress goods, special at yard C Reg. $1.50 grade, $1.09 Reg. $2.00 grade, $1.49 Reg. $1.75 grade, $1.29 Reg. $2.50 grade, $1.72 ANNUAL DECEMBER SALE OF BLACK SILKS Portland's foremost silk stock will irresistibly attract the thrifty this coming week, as we feature our immense stocks of black silks at prices almost unbelievably low. The weaves in clude taffetas, louisines, peau de cygnes, peau de soies, messa lines. Directoire satins, crepe de chine, Duchess satins, fancy brocades, panne crepes and, in fact, everything included in first-class black silt stocks.. XNote tne low prices Sweaters A large shipment of Women's New Style Sweaters in red, white or gray; fancy knit, single or double breasted; trimmed with fine white pearl buttons; $3.50, $4.50 $5, $6 Rpcmlar $1.00 grade.. 81 Regular $1.25 grade.. 98 Regjilar $1.50 grade.. $1.21 Reonilar 1.75 orade. .SI .4S Regular $2.00 grade.. $1.59 Regular $2.50 grade. .$1.U NECKWEAR HOSIERY Handkerchiefs Visit oar Handkerchief department and look over our immensassortment for women andjeh ildren. 'Tis a revelation and education, even if you do not wish to buy, and 'tis a central sourceofjuggestion as to what to give, whether your srift will be inexpensive or not. We have handkerchiefs of all sorts, hemstitched, lace, em broidered, plain hemstitckjofjinen, J lawn, cambric, etc., "they are priced at J J NEW RUCHLNGS, arriving daily, wide or medium width, priced at 35 to $1.50 the yard. The largest assortment in the Northwest to' select from. NEW ELASTIC AND PERSIAN BELTS, for holiday time and gift seekers. Extra good qualities and values at Pl)C flfl only 50 to OZOiUU WOMEN'S BLACK HOSE In gauze lisle, lisle with garter top, or cotton, in medium or heavy weight, extra values OFp at, for this sale, per pair only WU Men's Narrow Shoes $2.69 Men who wear small sizes and narrow widths had best pay careful attention to this announcement. We offer two hun dred pairs of high-grade shoes, widths AA to B, sizes 5U to S1,. in kid, calf or patent leather, button or lace CO RQ stvle: $5 and $6 values, at 0iUJ Women's French Heel Shoes and Oxfords Button or lace style; patent or kid leathers; all $4, $o and ) values, the pair 52.98 " " I5KI1.SES TO RESTORE GRAYS HARBOR'S OLD KATES. Aberdeen Business Men Will Decide Today on Definite Action to Continue Fight. ABERDEEN, Wash., Nov. SO. (Spe cial) Peaceful eforts with the North ern Pacific Railway Company for re tention of terminal rates on Gray's Harbor have been exhausted and noth ing remains but to apea'l to the Inter state Commerce Commission. The Grav'g Harbor committee met the two traffic managers Sunday at Tacoma and went over the entire subject. Mr. Hanaford was Inclined to lay the blame for the action of the railroad on the Interstate Commerce law. He said the decision In the Spokane case laid particular stress on the lonpr and short haul clause, and only permitted the lonjr haul at terminal rates where actual competition by water was met. When asked about Olympla, Astoria and Vancouver belnjr allowed the rates, he replied that Astoria has actual water competition by steamer plying to Portland, and that Vancouver was re Raided much as a switching yard for the port, of Portland. As to Olympla, he is quoted as admitting that It was given the rate for political reasons, It belli the state capital and the head quarters of the railroad commission. He said water-hauled freight could be lightered to Olympla for $1.50 a ton. The subcommlttece at the Tacoma conference will report to the general committeee tomorrow when a definite line of action will be determined. It is probable that the idea of seeking a court Injunction will be abandoned and a formal complaint filed with the In terstate Commission. Miners and Operators Clash. NEW YORK, Nov. SO. Indications are, that there will be a clash between miners and anthracite coal operators when the present peace pact expires, on April 1 next. A committee of the .Mineworkers of America has drafted a new set of demands similar to those refused dur ing the strike of 1902, and the neogtla tlons of 1906. While these demands have not been formally, presented to the oper ators, a statement has been issued In which It Is stated that there Is no pos sibility of the operators acceding. Their stand will' be for a renewal for three years of the present working agreement. What promises to be the hardest fight will center about what is known as the "check-off." that is, that a plan be adopted whereby the operators hold out a part of their employes' wages for union dues. DOG EATING IS ALL RIGHT Chicago Professor Says Filipinos Eat Only White Dogs. CHICAGO, Nov. 30. Frank Starr, professor of anthropology at the Uni versity of Chicago, In a church lecture here last night on the Philippines, said: "In all the islands there Is not a tribe that is not capable of self-government. There an be no doubt In anyone's mind as to the Christian tribes, but even to the savages, I think the words of the great Republican will apply: No man Is good enough to rule another man with out that man's consent.' "Oh,' you say. 'but they are head hunt ers and dog-eaters.' They are. But I never could see why dog should not make good food. They eat only clean, white, young male dogs. Why should the Idea of eating a dog give us the shivers, while the actual consumption of swine does not turn the stomach of the daintiest lady? The professor gave individual In- stances of the Industry, morality Intel- . nm' -d K WILL TONE UP YOUR STOfiGH Hi ' CURE ALL INDIGESTION PROMPTLY Five Minutes After Taking Some Diapepsin All Your Stomach Misery Will Vanish. The question as to how long you are going to continue a sufferer from Indi gestion and Stomach trouble is merely a matter of how soon you begin taking Diapepsin. If your Stomach is lacking in diges tive power, why not help the stomach to do its work, not with drastic drugs, but a re-enforcement of digestive agents, such -as are naturally at work in the stomach. People with weak Stomachs should eat Diapepsin after meals, and there will be no more Indigestion, no feel ing like a lump of lead In the stom ach, no heartburn. Sour risiiiKS. r?as on Stomach or Belching of undigested food. Headaches. Dizziness nr Vomit ting, and, besides, what you eat will not ferment and poison your breath with nauseous odors. All these symp toms resulting from a sour stomach and dyspepsia re generally relieved five minutes after eating one Triangulc of Diapepsin. Go to your druggist and get a r.O cent case of Pape's Diapepsin noiv, and you will always go to the table with a hearty appetite, and what you eat will taste good, because your stom ach and intestines will be clean and fresh, and you wiil know there are not going to bo any more bad nights and miserable days for you. They freshen you and make you feel like life U worth living. 0