VIII.. X . II 1 . 1 Jm .
ROOT'S DECISION
Evidence Judge Ac
cepted Dictation.
WRITTEN PROOF SAID TO EXIST
Bar Committee Seeks Docu
ments in Spokane.
MANY LAWYERS INVOLVED
Incriminating Paper Also Believed
to Be in Possession of leaders at
Bar Decision Reversed Car
rier's Liability Law.
SPOKANE. Wash.. Dee. 1. (Special.)
Letter, telegrams, stenographic notes
and other original documents now In
the possession of certain 'attorneys In
Spokane show that a Supreme Court
decision In a case In which the Great
Northern was a party was originally
written by Judge M. J- Gordon, who
represented that company as Its at
torney. They show further that the
decision was by Gordon sent to W. R.
Rrgg. of St. Paul, general solicitor for
the Great Northern, who wired to Judge
Gordon hat It was satisfactory, after
which Gordon sent It to Supreme Judge
Root, who procured Its publication aa
the opinion of the court.
For two days the Root Investigating;
committee of the State Bar Association
has been exerting every effort to pro
cure possession of these letters, tele
grams and other documents, and mem
bers of the committee expect that be
fore another day they will be able to
procure them.
Was Root Paid for Decision?
Whether Judge Root received any
compensation for this consideration
shown to Gordon and to the Great
Northern Railway Company Is a ques
tion upon which the committee is not
committee shrdl cmfwy shrdl mfwy f
yet prepared to form an opinion, but
the farts already assembled by the
committee warrant it In making a most
severe criticism of the conduct of Judge
Root In its report to President Bridges
of the State Bar Association.
In all the Information thus far col
lected by the members of the commit
tee, there Is no showing whatever that
any other member of the court is or
has been involved In any unprofessional
conduct.
Who Has Destroyed Letters?
WJio, among a number of attorneys In
Spokane, have posslon of the much
desired documents, is not known to mem
bers of the committee. Supposition, how
ever, polnta among other to R. W.
Nuxum. of the firm of Nuxum T Nusum.
who has long been an Intimate associate
of Judge Gordon: J. J. Lavln. a local at
torney for the Great Northern, for two
years Judge Gordon's private secretary;
Frank Grave, who has been retained as
counsel for Gordon, and Potter Charles
Sullivan, of Seattle, a brother of Judge
Henry Sullivan, of Spokane, who has
also been retained In the Gordon case,
and ie here in Gordon's interest. The
committee expects to complete its la
bors In Spokane tomorrow and to leave
for Seattle tomorrow afternoon.
Liability of Carrier Involved.
The opinion of the Supreme Court which
was written by Judge Gordon Is that in
the decision on rehearing of the Spokane
caR of W.ll. Harris vs. --the Great
Northern Railway Company, filed June1 25,
irO. and published on page 441 of the 4Mh
Washington reports. It' reverses a rule
of law in relation to limited liability rates
laid down in the original decision in the
case, which rule was objectionable to the
railroad company and vigorously and ably
protested by Gordon in his petition for
rehearing.
Harris, the plaintiff, sued the company
for the recovery of $14?4.10 for the loss
of some household furniture lost in a
wreck on the Great Northern Railroad
On this class of shipments the company
had two published rates, one known as
the regular rate under which the com
pany assumed full liability for the value
of the goods in transit, and the other
known as the limited liability rate,
lower rate granted In consideration of a
.limitation of the liability of the com
pany to fa per hundred-weight in case of
h'ss or of damage to the goods In transit
In offering the shipment for transporta
tion the shipper did not express any
option as between these rates and the
company, either before or after the wreck
occurred, wrote the shipper that they had
been billed at the limited liability rate.
Lower Court Reversed.
The lower cour't decided that the plain
tiff could recover the full value of the
goods. Judge Gordon appealed the case
on the ground that In a case where the.-
were two published rates and no option
was expressed by the shipper, an option
might be expressed in the bill of lading
by the carrier and that such an option
had been expressed by the carrier in
favor of the lower rate." which carried
with it the limited liability and which
was therefore binding upon the shipper.
The Supreme Court's final decision was
naturally in favor of Gordon's conten
tion, ainc Gordon wrote the opinion.
WORK OF GORDON?
BUILD HIGH TOWER
ON MOUNTAIN TOP
SIX TO BE ST I'D I ED WITH MON
STER SPECTROSCOPE.
Mount Wilson Also to Be Scene of
Wireless Station, Sending
Messages to Japan.
L03 ANGELES. Cal., Dec. L (Special.)
Dr. George E. . Hale, director of the
Carnegie solar observatory on Mount
Wilson, announced today that a great
steel tower Vrt feet high, with a well 76
feet deep under It. with which to use the
epectroscope. will be constructed on the
peak next Summer. The five-foot reflect
ing telescope will be ready for use next
Monday and Dr. Hale predicts that with
the powerful reflector now installed-the
greatest In the world a number of im
portant discoveries may be expected, par
ticularly in the photographing of the
sun's surface and the various curious
nebulae.
A wireless telegraph station is project
ed on the crown of the mountain, tests
being now in progress to determine the
best points for locating the operating
plant. It is expected by experts that
messages may be flashed to Japan or
beyond,, so perfect are the . conditions
found. A coil capable of giving out the
extreme length of spark Is to be in
stalled. ROMANCE . ENDS HAPPILY
Gov. Boies' Granddaughter Marries
Lover Won at College.
IS ANGELES. Cal.. Dec. 1. (Special.)
Miss Alis Grace Parson, of Waterloo.
Ia.. granddaughter of ex-Governor Horace
Boles, of that state, and one of the most
beautiful women in the Middle West, to
day became the bride of Harold A. Wil
lard, of San Francisco. Coast representa
tive of a New Tork tobacco company.
The marriage, which took place In the
First Congregational Church, is the culmi
nation of a romance which began five
years ago. when both attended Cornell
College. Iowa. They had not seen each
other since, but Mr. Willard pressed his
suit constantly through the! mails and
finally won Miss Parson. Ten days ago
she wrote that she would be his, and yes
terday she arrived, having come alone to
ir.eet her lover.
Mr. Boles has a Winter home In Santa
Monica and there the young couple will
pass a few weeks, after which they will
reside in San Francisco.
TWO MORE CITIES GO DRY
Dry Make) Decided Gain In Massa
chusetts Liquor Election.
BOSTON, Dec 1. The champions of no-
license succeeded In Inducing New Bed
ford and Marlborough to vote today in
favor of closing the saloons. The feature
of the municipal elections held in seven
cities of the state was the campaign
carried on against no-license In the two
placea named and Northampton and
Fifchburg.
The two latter cities voted to continue
the sale of liquor, but by a reduced ma
jority. Waltham and Qulncy, strong no
liuense centers, repeated last year's ver
dict today. Fitusfteld again voted for
license.
In Marlborough a license majority of
351 last year was turned into a majority
of 3"0 for no-license.
New Bedford, which voted In favor of
liquor-selling in 1907 by less than 100 votes
went dry today by 134 majority.
FOUND AFTER MANY DAYS
Hunter Stumbles I'pon Lost Purse
In Minnesota Woods.
ST. PAUL. Minn.. Dec. 1. (Special.)
Fred Truax. of St. Paul, a surveyor.
while working on an island near War-
road, Roseau County, four months ago
lost his purse containing $S5. He
searched thoroughly for it, but failed
to find It.
Last week whllo trailing a buck on
the wooded Isle, he stumbled upon the
lost purse, which he had forgotten
Animals had eaten the leather and
gnawed the bills, but they were not
destroyed.
WINTER MAIL FOR ARCTIC
Dor Train Leaves Edmonton on
Long Trip in North.
WINNIPEG, Dec. 1. Winter mall for
the Arctic circle left Edmonton today
by a dog train escorted by mounted po
lice and the Hudson Bay Company off!
cers. The most northern destination is
Fort McPherson, on Peel River, 2000
miles north of Edmonton. The trip
will require three months' time. There
Is nearly 10.10 pounds in the consign
ment, including SS8 pounds of news
papers and magazines, some of them
for the San Francisco whalers who are
wintering in the North.
FAVORS LUMBER COMPANY
Interstate Commerce 'Commission
Awards Reparation Against S. P. .
OREGONIAN NEWS BUREAU, Wash
ington, Dec. 1. The Interstate Com
merce Commission, In the case of the
American Dumber & Manufacturing
Company against the Southern Pacific
and others, awarded reparation on ac
count of the Imposition of unreason
able freight charges on a shipment of
lumber from the paper mills of Oregon
to Queen Junction, Pa., because of the
carrier's inability to supply a car of
the size ordered JT the- shippers, .
pnPTT.AXn. OREGON. WEDXESDAY, DECEMBER 2, 1908. PRICE FIVECtMS.
CHIEF BiGGY
T
Was Worried by News
paper Attacks.
TOLD HIS TROUBLES TO KEIL
Search for Body in San Fran
cisco Bay Fails.
MAY HAVE DRIFTED TO SEA
Charges Growing Out of Haas Sui
cide May Have Prompted Self
Destruction Acting Chief
of Police Appointed.
SAN FRANCISCO. Dec 1. Although
numerous boats patrolled and searched
the bay since daylight this morn
ing from the Golden Gate to Hun
nnint and the officers of the fer
ryboats and other craft were asked to
keep a sharp lookout for It. the body
of fhlef of Police W. J. Blggy. wnu
mysteriously disappeared from the po
lice launch Patrol and is benevea io
have fallen overboard shortly before
12 o'clock last night, while returning
hi. Mtv from Belvedere on the
ftorth Shore, has not yet been re
covered. Up to a late hour tonight tne
police launch Patrol and other boats,
with searchlights, were still on the
bay, but it is feared that the boay oi
the late Chief of Police has been car
ried out to sea by the tide.
Worried by Attacks.
Tnii. Commissioner Kell. who lives
in Belvedere and to confer with whom
RlB-o-v crossed the bay last night, stat
ed today that the Chief was much wor
ried and concerned over the attacks
upon him. by some of the newspapers
and the charges and counter-charges
irrowlm out of the suicide at the
County Jail, of Morris Haas, the assail
ant of Assistant District Attorney F.
J. Heney. The Commissioner said he
advised Blggy to pay no attention to
the .attacks upon him. ana tnai me
Chief left his home in a more cheerful
frame of mind, but complaining that
he was not feeling well.
Acting Chief Appointed.
tha Pniin Cnmmisssioners met at 6
o'clock this morning with Mayor Tay
lor, and, after an executive session,
appointed A. D. Cutler, president of
the Commission, Acting Chief of Po
lice, pending the appointment of a per
manent head to the deoartment. The
new Chief spent the greater part of
the day investigating tne circum-
tances of the disappearance of Blggy.
At 4:30 P. M. the Commissioners held
another session, but it gave out no
(Concluded on Page a.
DID
comi
SUICIDE?
UNCOVERS FRAUDS
IN STONE'S FAVOR
SAGER'S REVELATIONS .MAY
PREVENT RE-ELECTION'.
Many Expected Indictments in St.
Louis Likely to Affect' Mis
souri Senatorslilp.
ST. LOUIS. Mo., Dec. 1. (Special.)
Many Indictments of St. Louis judges
and clerks of the recent state election
are expected in a few days, according
to good authority tonight. Concerning
newspaper stories that these indict
ments may cause United States Sen-
Martin A. Knapp. to Be Reap
pointed Chairman of Inter
State Commerce Commission
After 18 Years' Service.
ator Stone's defeat for re-election next
month In the Legislature, In which the
Democrats have a majority of seven on
Joint ballot on the face of the election
officers' returns, Circuit Attorney Sa
ger. Republican, said tonight:
There is nothing political in my In
vestigation. I understand the ballots
have been grossly miscounted, but I do
not know in whose favor. The investi
gation has been on for two weeks. To
day I found it necessary to get ten
city detectives to assist me. I expect
convictions."
St. Louis returns gave Mr. Stone 15,
000 majority over Governor Folk in the
state.
ENVOY T0BE RECEIVED
Tang Shao Tl Will Give China's
Thanks to Roosevelt.
WASHINGTON, Dec. 1. Tang Shao
Tl. the distinguished Chinese official
who comes to Washington to thank the
American Government for the remission
of a large portion of the indemnity
guaranteed by China for damages
growing out of the Boxer rebellion, will
be presented to President Roosevelt to
morrow afternoon.
Secretary Root will make the presen
tation of Mr. Tang and the members
of his suite. The special envoy, will
present the letters from the late Em
peror and Empress Dowagerj which ac
credit him for the mission.
The special envoy and several mem
bers of his suite, accompanied by Min
ister Wu, called on Mr. Root at the
State Department today. The meeting
was qul'e informal.
"" ' i
i -1 . t
i j ' i
CAN'T GET FACTS
OUT OF ARGHBOLD
Kellogg Asks About
Standard Loans.
DID MANHATTAN OIL GET THEM?
Suspects Money Used to Buy
Out Competition.
HOW TRUST WAS WOUND UP
Vice-President of Octopus Tells of
Method, but Is Careful With In
formation About Mysterious
Subsidiary Companies.
NEW YORK. Dec. 1. Seeking to unravel
the puzzling ownership of the Security
OH Company of Texas and other oil
companies which the Government charges
are controlled by the Standard Oil Com
pany, Frank B. Kellogg, Federal coun
sel In the United States suit to dissolve
the trust, subjected John D. Archbold,
vice-president of the Standard to a grill
ing cross-examination today. Mr. Kellogg
also sought information regarding certain
mysterious loans of $2,700,000 made to
James McDonald by the Anglo-American
Company, a Standard subsidiary, but Mr.
Archbold, a director of the Anglo-American
Company, was unable to throw any
light on the question.
For more than a year the Government's
counsel has been trying to obtain informa
tion regarding these McDonald loans, but
has failed. The Government alleged that
the loans were to enable the Standard
secretly to purchase the Manhattan Oil
Company of Ohio.
Re-signed Before Suit Began.
Mr. Archbold said that he and H. H.
Rogers resigned as directors of the Anglo-
American Company shortly after the
election, a year ago. The vice-president
of the Standard denied that the resigna
tions were brought about by the present
Government proceedings.
Mr. Archbold was closely questioned
about many pipelines and refineries which
had been purchased by the Standard. He
denied that the refineries had been bought
that they might be dismantled, thereby
removing competition. They were pro'
cured, Mr. Archbold said, to enable the
Standard to add to its volume of business.
New Company ' Supplants Old.
Mr. Archbold read a statement show
ing the number of marketing stations
of the Standard constructed since 1890,
as well as the total number of market
ing stations. The witness said that
when the Standard Oil Company of New
Jersey was organized In 1882 It took
over the refineries and real estate in
(Concluded on rage 5.)
'COUNSEL FOR THE
DEFENSE."
STORM DARKENS.
OVER REICHSTAG
RADICALS DETERMINED TO LIM
IT KAISER'S POWER.
Will Propose to Make Chancellor
Responsible to Reichstag May
Split Majority.
BERLIN, Dec. 1. (Special.) Fears
that a serious parliamentary crisis may
develop as the result of debates pro
posed on constitutional amendments are
lending acute interest to tomorrow's
session of the Reichstag. The Radical
leaders who introduced their amend
ments yesterday declare they aro de
termined to get some legislation mak
ing the Chancellor responsible to the
Parliament, putting an end to the per
sonal regime, the perils of which were
shown so conspicuously in the incident
of the London Telegraph Interview.
The president of the Reichstag, who
with the Conservatives is anxious to
protect the Kaiser from further criti
cism, will call the speakers to order,
should they try to bring the person of
the Emperor Into debate.
It is now feared that on a test vote
upon the question of limiting debate,
the more radical members of the ma
jority will .break away and vote with
Socialists. A split on .this critical is
sue would imperil the entire parliamen
tary programme, including finance re
form. SATTERLEE ACCEPTS JOB
Will Be Assistant Secretary of Navy
L'nder Newberry.
.
WASHINGTON. Dec. 1. Herbert L.
Satterlee, of New York, who yesterday
was offered the position of Assistant Sec
retary of the Navy to succeed Mr. New
berry, who has been elevated to the
head of the department, today wired the
President his acceptance of the appoint
ment. Mr. Newberry was sworn in today and
participated In the Cabinet meeting. He
was accompanied to the White House
by Mr. Metcalf, his predecessor, who
formally presented him to the President's
official family.
The oath of office was administered to
the new Secretary of the Navy Depart
ment in the presence of Mrs. Newberry
and Miss Caroline Newberry, Mr. Met
calf, the chiefs of the bureaus and the
other officers of the service. In a brief
speech Mr. Metcalf paid a high tribute
to the new Cabinet officer, Mr. New
berry responding in equally felicitous
vein.
The last official letter written by Mr.
Metcalf was to Admiral Dewey, thank
ing him for "the most cordial and loyal
support" which had been given him.
. The retiring Secretary left to
night for his home in California. After
visiting his son in. Los Angeles he will
go tq, his shooting box, where he will
occupy himself in hunting for some time.
He expects to throw off all cares of busi
ness until his health has been fully re
stored. HOLD UP NEW YORK CAR
Four Desperadoes Rob Passengers
and Escape With Booty.
NEW YORK, Dec. 1. Four despera
does, armed with revolvers, held up a
crowded streetcar in lower Third ave
nue today, throttled and robbed the
conductor, terrorized the passengers
and escaped with a goodly collection
of purses and other valuables.
A largo number of men and women
who had just lfft a dancehall crowded
on the car at Third street. Every seat
was taken and the aisle was filled.
While the conductor was Inside col
lecting (ares,, four men who had been
scattered through the crowd started
towards the rear door. When they had
conipltely blocked the exit they drew
revolvers and covered the passengers.
Two of them attacked the conductor,
one pressing a revolver against his
head, while the other rifled his pockets.
In the meantime the other two had
been "going through" the passengers,
gathering up valuables of all descrip
tions. Their pockets were stuffed with
women's purses, watches and small
wads of bills, when the screams of the
women so frightened them that they
bolted from the car and dushed down
a side street into the heart of the
crowded street.
COWIE DECLARED SUICIDE
Memphis Man Found With Uuliet
Hole in Temple.
MEMPHIS, Tenn., Dee. 1. J. C. Cowie.
formerly a . well-known cotton buyer
and prominent in Memphis social life,
was found dead with a bullet-hole In
his temple late this afternoon. Cowie's
body was found in a locked room In his
residence on Union avenue. The police
declare it was a case of suicide.
Mr. Cowie was 40 years old. He
Lmarrled Mi3s Mary Plseros, of Green
ville. Miss., several years ago. He was
widely known in cotton circles in the
South and at one time represented
Townsend. Cowie & Co.. of Liverpool,
a concern with wnlch his father was
prominently connected. Mr. Cowie's
friends say iie had recently been in sore
financial straits.
PETITION ON OREGON FIR
Members of Congress Requested in
Novel Manner to Act.
OREGONIAN NEWS BUREAU, Wash
lngtoii, Dec. 1. Members of Congress
received today a novel petition from
the Oregon and Washington Lumber
Manufacturers' Association, printed on
a piece of Oregon fir. The petition
urges Congress to enact the Fulton
amendment to the interstate commerce
act authorizing the Interstate Com
merce Commission to suspend the tar
iffs and investigate advances in freight
rates before such advances become ef
STATE PRINCIPLES
OF JOINT POLICY
RootandTakahira Pub
lish Agreement.
MAINTAIN STATUS IN PACIFIC
Equal Opportunity in China
Nation's Desire.
KEEP OLD EMPIRE INTACT
Common Aim of Vnlted States and
Japan in Orient Defined and Re
affirmed Agreement Be
tween Trusted Friends.
WASHINGTON. Dec. 1. The notes
exchanged between the United States
and Japan, "declaring their policy in
the Far East," which have been the
subject of correspondence between
Secretary Root and Ambassador Taka
hira for some months, were made pub
lic, at the State Department tonight.
Accompanying the declaration are two
letters, one from Mr. Takahira and one
from Mr. Root, the former expressing
the belief that a frank avowal of the
alms, policy and Intention of the two
countries in the Pacific, would not only
tend to strengthen the relations of
friendship and good neighborhood be
tween the two nations, but would con
tribute materially to the preservation
of the -general peace, and the latter
declaring that "this expression of mu
tual understanding is welcome to the
Government of the United States."
Each letter. In which is. Included the
declaration, is dated November 30, the
day on which the exchanges took
place. The text of these letters was
contained in the Associated Press dis
patches from London today.
Terms of Agreement.
The purport of the five separate
notes was set forth fully in the Asso
ciated Press dispatches of November
St, froip. Washington. In explicit
terms they are as follows:
"First It is the wish of the two
governments to encourage the free and
peaceful development of their com
merce on the Pacific Ocean.
"Second The policy of both govern
ments, uninfluenced by any aggressive
tendencies, is directed to the mainte
nance of the existing status quo in the
region above mentioned, and to the de
fense of the principle of equal oppor
tunity for commerce and industry in
China.
"Third They are accordingly firmly
resolved reciprocally to respect the ter
ritorial possessions belonging to each
other in said region.
"Fourth They are also determined to
preserve the common Interests of all
powers in China by supporting by all pa
cific means at their disposal the Independ
ence and integrity of China and the
principle of equal opportunity for com
merce and industry of all nations in
that Empire.
"Fifth Should any event occur threa
tening the status quo as above designed
or the principle of equal opportunity as
above defined, it remains for the two
governments to communicate with each
other in order to arrive at an under
standing as to what measures they may
consider it useful to take."
Ambassador Takahira. in a statement
issued subsequent to the making public
(Concluded on Page S.1
INDEX OF TODAY'S NEWS
The Weather.
TESTERUA V S Maximum temperature, 43
dfKrees; minimum, ;10.7.
TODAY'S1 fair, easterly winds.
Foreign.
Radicals will cause storm in Rei'-hstag by
move to limit Kaiser's power. Paga 1.
National.
Text of agreement between United States
and Japan and notes ot Koot and
Takahira. Page 1.
Archbold put on grill by Kellogg. Page 1.
Inquiry Into Harrinian merger beglna.
Page 3.
Strain rerommentls change in law regarding;
t'hlnese deportations. 1'age 5.
Keefe appointed Immigration Commissioner.
Page 5.
Politic)).
Discovery of election frauds may prevent
Stone's re-election to Senate. Page 1.
Domestic.
Thaw's lawyer scores creditors at habeas
corpus hearing. Page o.
Mystery whether P,1ggV drowning was ac
cident or suicide. Page 1.
Great steel tower or observatory and wire
less station on Mount Wilson. Page 1.
Sport.
Battling Nelson candidate for Mayor of
Hegewlsrh. Page 7.
Irish-American Oub wins A. A., VJ. meet.
Page 7-
Stephens School wins from Shattuck by
score of 11 to 0. Page 7.
Commercial and Marine.
Strong California demnnd for wheat, oats
and barley. Page 17.
Wheat advances sharply at Chicago because
of light movement. Page 17.
Steel stock freely offered In New York
market. Page 17.
Marine news. Page 16.
Portland and Vicinity.
State Horticultural Society holds annual
session. Page 10.
Applegrowers Join forces with Portland Ad
Club. Page 12.
Murderer Finch is arraigned In Justice
Court. Page 11.
North Bank Road to arbitrate terminal
troubles. Page 16.
Physicians Indorse movement for dairy in
spection. Page 10.
Visiting Nurse Association tells object of
stamp sale. Page 11.
Anxious husband fears wife may meet sj.-
weetheaxt. rut 10, .
G: 106.2