PORTLAND, dREGOX, THURSDAY, DECEMBER 10, 1903.
PRICE FIVE CENTS.
VOL. XLVIII. XO. 14,987.
SOCIETY LEADER
PLANS WESTERN
THEATER. TRUST
RUEFS FATE
CANAL BOUGHT
FROM AMERICANS
GRILL COUNT BON
TAFT AND
IS SALESWOMAN
IN JURY'S HANDS
BEFORE SOCIETY
AGREE
ON POLICY
MEMBER OF WEALTHY FAMILY
COMBINE TO MERGE ALIi FROM
CHICAGO TO COAST.
PARIS NEWSPAPER OWXER
TALKS ABOUT SALE.
NOW EAHXS LIVING.
NATION'S WEALTH
GOING TP WASTE
In Few Centuries- Re
sources May Be Gone.
now
GANNON
ConferWithTarifFCom
mittee Today.
WILL THEN STATE ATTITUDE
Reach Understanding on
Broad Principles.
BOTH FOR TARIFF REVISION
Preident-EIect and Speaker Pur
pose to Carry Out Platform Prom
is Taft to Make Sug
gestions to Congress.
VTASIWSGTOS. Dec. ?. President-elect
Taft's day here, was crowded .with con
ference and social engagements. The
important feature mi a conference with
Speaker Cannon, which caused an ar
rangement for the, Republican members
of the. House Committee on ways and
means to meet Mr. Taft tomorrow. It
was also arranged that at the conclusion
of this conference, a statement will be
issued to make known the attitude both
of the President-elect and the committee
respecting the forthcoming revision of the
tariff. Mr. Cannon called upon Mr. Taft,
upon the latter' invitation.
Agree on Broad Principles.
It Is understood that very little was
said concerning the details of the pro
posed tariff legislation, but that the con
versation dealt entirely with the broad
principles Involved in that legislation. Mr.
Taft and the Speaker proceeded upon the
express understanding that they had come
together as the representatives of two
co-ordinate branches of the Government
and -whatever differences In details In the
future may develop, if any. today's dis
cussion was on the friendliest possible
basts.
The understanding, so far as there was
any. was that the President-elect's part
n the preparation of a new tariff would
be confined to auch suggestions as he
might desire to make, and he was as
sured that these would be listened to by
the House with every possible consider
ation he was not led to believe that the
House would abandon its prerogative In
the preparation of the new law. Nor
was there any Indication on Mr. Taft'a
part that he would expect or desire It
to do so.
Revlso on Platform Lines.
Both agreed that the tariff should be re
vised and that the revision should be
along the lines indicated by the tariff
plank of the Republican platform. Neither
Indicated a desire to depart from prerog
ative principles In the work to come.
When urged to make a statement con
cerning the Interview, Mr. Cannon re
plied that, owing to the fact that he had
met Mr. Taft at the lattera request, he
could say nothing.
OLDEST FEDERAL EMPLOYE
Captain A. F. Hod per s, of Coast Sur
Tey, Dies at San Francisco.
SAX FRANCISCO, Dec. 9. Captain
Augustus F. Rodgers, assistant super
intendent of the United States Coast
and Geodetic Survey and said to be the
oldest official in the employ of the
Government, died early today at his
home In this city after an illness of
only three hours. He would have been
SO years old had he lived until Jan
uary 1.
Cuptatn Rodgers entered the Gov
ernrrent service In 1847, came to Cali
fornia three years later and for many
years had charge of the Coast and Geo
detic Survey of the Pacific Coast,
Alaska. Hawaii and the Philippine
Islands. He was the son of Commodore
John Rodgers, who defended Baltimore
in the War of 1812 and who at the
time of his death was at the head of
the Navy. Captain Rodgers had three
brothers In the Navy, only one of
whom, Rear-Admiral John P. Rodgers,
le living. He leaves a widow and seven
children.
BARRIOS MAY YET RECOVER
. Guatemalan Minister Iost Large
Snm of Money in Accident.
WASHINGTON, Dee. 9. 9enor Don
Juan Barrios. Minister of Foreign Affairs
of Guatemala, who was injured in an
automobile accident yesterday, has a
fairly good chance of recovery, according
to statements made today at the hos
pital. The other members of the party
who were Injured are improving.
The police today endeavored to find
JJ300 which Senor Barrios carried in a
pocketbook at the time of the accident.
The money. It develops, was stolen by
someone who crowded around the over
turned automobile and ita unconscious
occupants.
Ward's Protest Overruled.
CHICAGO. Dec. 9 The $2,000,000 museum
' provided for Chicago in the will of the
late Marshall Feld. became a probability
today wheri Judge Dupuy, in the Superior
Court, refused to grant a perpetual re
straining order petitioned for by A. Mont
gomery Ward to prevent the erection of
the edifice on the made land which Is
part of Grant Park, commonly known as
the like Front Park. Mr. Ward com
plained against the contemplated building
in his capacity as an owner of property
on aiohigao aveiue adjoining the park.
Separated From Her Husband, Mrs.
Dannenbaum Scorns Aid of Kela
tives and Goes to Work.
CHICAGO. Dec. 9. (Special.) Mrs.
Marguerite Dannenbaum, whose hus
band. Charles J. Dannenbaum, lost his
suit for divorce In which he charged
his wife with cruelty, went back to
work today at a position with Robert
Staedter Company, 155 State street.
which she was forced to take in order
to win her livelihood after the sepa
ration from the wealthy coffee broker.
After a lifetime of luxury for Mrs.
Dannenbaum was of a wealthy San
Francisco family when she married
Dannenbaum a woman who has en
Joyed the ease that wealth brings has
come to a place where she has to battle
with the world for her daily bread.
Her pride and determination to take
care of herself have forbidden her tak
ing any aid from her relatives and
friends, who have been so eager to
help her. And so It happens that the
erstwhile leader of an exclusive co
terie of society it selling furs to women
who now enjoy the affluence she has
lost. '
ADMINISTER HUME ESTATE
Executors to Take Charge or Prop
erty in California.
SAX FRANCISCO. Dec. 9. (Special.)
Mary M. Hume and Charles H. Warner
were today granted special letters of ad
ministration In the Superior Court over
the estate in California of R. D. Hume,
who died in Oregon on November 26.
The petition stated that there would be
some delay in probating the will and
that it was desirable that the petitioners,
who are named as the executors in the
will, should have the legal right to take
charge of the property.
The estate here, according to the peti
tion, consists of real and personal prop
erty, including stocks and bonds and
horses. The horses are thoroughbreds
that are now quartered at the Emeryville
track. Judge Coffey granted the special
letters as .requested and placed the ad
ministrators under $10,000 bonds each.
Amy Creed, one of the petitioners'
attorneys, stated tonight that he had
nn Men. fan in the value of the estate
in California. He also stated that the
will, when It Is filed, will be probated
In Oregon, and that a copy will be filed
In the San Francisco court.
CREW SUFFERS HARDSHIPS
Stands Watch of 48 Hours in Sleety
Weather Off Horn.
SAN FRANCISCO, Dec. 9. The mem
bers of the crew of the American bark
Homeward Bound, which has Just ar
rived here from Swansea, report having
experienced many hardships during tho
voyage. Three of their number, John
Campbell, Hilton Wade and Alexander
Gravee". have .been taken to the Marine
Hospital, suffering from severe frost
bites, said to have been sustained as the
result of being compelled to stand a
watch of 4S hours in sleety weather off
Cape Horn.
NEW ARTILLERY OFFICER
Major Bartlett, Commander of Co
lumbia Forts, Man of Experience. '
WASHINGTON, Dec. 9. Major George
T. Bartlett, of the Coast Artillery
orps, has been assigned to command
the post of Fort Stevens, Or., and the
artillery district of Columbia.
Major George T. Bartlett, the new
artillery commander of District of the
Columbia, with headquarters at Fort
Stevens, Is art artillery officer of wide
experience. He graduated from the
Military Academy In 1881 and was as
signed to the Third Field Artillery. In
1889 he won his first bar and at the
close of the Spanish-American War
was made Captain and assigned to the
Coast Artl'.lery Corps. His appoint
ment as Major was made In 1907.
CLAIMS ROGERS AS UNCLE
Guilty Man Says He Is Related to
Oil Magnate.
RENO. New. Dec. 9. C. A. Rogers,
who claims to be a nephew of H. H.
Rogers, vice-president of the Standard
Oil Company, was sentenced to serve a
year in tha State Penitentiary this morn
ing. He was Indicted on two counts for
passing fictitious checks on a hotel and
gambling parlor, pleaded not guilty when
arraigned, but later changed his plea t
one of guilty.
Bank Officials Indicted.
OURAY. Colo., Dec. 9. With the issu
ing today of Capias against George R.
Hurlburt, president; former District
Judge Theron Stevens, vice-president, and
Frank P. Tanner, cashier, respectively, of
the defunct bank of Ouray It became
known that Indictments were found
against them by the grand Jury which re
cently sat here, charging them with re
ceiving deposits when they knew that the
bank, of which they were officers, was
insolvent. There are nine Indictments
against Stevens and Hurlburt and Ave
against Tanner.
Oldest Baseball In World.
JACKSON, Miss., Dec. 9. What is be
lieved to be the oldest baseball In the
world will be shipped to Gerry Hermann,
chairman of the National Commission,
by Ed Laughlln. It was used November
8. 1SH5. In a game played at Wllllamsport.
Pa., for the state championship, which
erded 61 to 36 in favor of W illiameport.
COMMISSION TAKES' STOCK
Inventory of Natural Riches
and Their Duration.
WITHIN SIGHT OF POVERTY
National Conservation Commission
Makes Startling Showing of
Rapid Disappearance of
People's Patrimony. .
WASHINGTON. Dec. 9. Governor John
A. Johnson, of Minnesota, in an address
today before the Joint conference of the
National Conservation Commission and
the Governors of different states, brought
an enthusiastic message of accord from
the great Middle West in the schemes .t
conservation and declared that the para
mount problem of the hour was the de
velopment of inland waterways. After
the inventory of lands, presented by Sen
ator Nelson, there was an Informal dis
cussion. Senators Newlands and Smoot
and Governors Noel, Broward, Ansel,
Lea and ex-Governora Hoke Smith and
Blanchard participated. More, than 30
state Governors were present.
Reports on Many Resources.
Much of" the time at today's session
was devoted to reports on water, for
est, land and mineral resources, these
being In the form of an inventory.
The report of the Commission was pre
sented by ex-Governor Blanchard, of
Louisiana. Mr. Blanchard urged the
appointment of a permanent conserva
tion commission.
Mr. Newlands spoke of the importance
of the Commission's work and the need
for its permanency, with suitable appro
priations, and, upon his motion, second
ed by Senator Smoot, of Utah, a commit
tee will be appointed to present the
question to Congress.
Senator Flint, of California, presented
the report of the mineral section of the
Commission. In explanation he predicted
that the supplies of high-grade Iron ores
will he consumed by the middle of the
present century, high-grade available
coal by the middle of the present cen
tury, copper, lead, zinc and precious
metals by the end of the present cen
tury and phosphate rock, so essential to
soil fertility, within 15 years at the pres
ent rate , of use and waste. He decried
waste of natural resources, charged that
enough natural gas to light all the cities
of the United States of over 1000 people
Is escaping Into the atmosphere and that
approximately Jl.OOO.000 a day is being
wasted in coal mining and other mineral
products.
He pointed out that there are only
1,400.000,000,000 tons of easily accessible
(Concluded or' Page 8.)
First Step Taken by Which 75 Play
i houses Will Be Managed
ftom Chicago.
CHICAGO. Dec. 9. (Special. Initia
tive steps to make Chicago the theatri
cal trust city, co-ordinate In power
and Importance with the center in New
York, were taken today upon the ar
rival in the city of A. L. Erlanger, of
Klaw & Erlanger.,
From what was learned from an au
thoritative source, the plan involves
a merger of 75 theaters owned or con
trolled in Western states between Chi
cago and San Francisco. For Imme
diate absorption theatrical properties
of the cities of Omaha, Denver and San
Francisco are under consideration, and
the details of trie- transaction are to
be worked out between today and
Saturday, when the head of the theatri
cal trust returns to New York City.
Klaw & Erlanger already control
500 theaters in' the United States with
a money value as an investment run
ning intd millions of dollars. Owners
and lessees of Western houses are now
being carried on fast trains toward Chi
cago and conferences as to minute ar
rangements are to begin immediately
o.i their arrival.
RANCHER SHOT FOR DEER
Drags Himself 3 Miles, Rides 3
More, Then 80 Miles in Sleigh.
BUTTE, Mont.. Dec.. 9. (Special.) His
blood flowing profusely from a great hole
made by the bullet of his friend, who mis
took him for a deer and shot clear
through his thigh, Peter Kersemenaker, a
wealthy rancher of GrayUng, last Friday
dragged himself with the aid of his friend,
Ben Johnson, three miles and then rode
three more on' horseback before He
reached home. TeeteTday, after a rida
of 80 miles in a sleigh to Monlda, Ker
semenaker took a train to Butte and
now lies at the Murray Hospital in a
very serious condition.
FLIGHTS ARE SUCCESSFUL
Wilbur Wright Takes Friends In
Trips Through Air.
LB MANS, France, Dec. 9. Wilbur
Wright, the American aeroplanlst, made
a series of successful flights here today.
Four members of the British Aero Club
went aloft separately with Mr. Wright.
None of the flights was marred by ac
cident. COSGROVE IS IMPROVING
Case Hot So Critical as It Was Two
- , Days Ago.
PASO ROBLBS- HOT SPRINGS. Cal.,
Dec. 9. The strength of Governor-elect
Cosgrove, of Washington, has materially
improved during the last 24 hours, and
his condition is not so critical as it was
two days ago.
Slosson Challenges Sutton.
NEW YORK, Dec. 9. George F. Slos
son has challenged George Sutton, the
champion billiard player, for a world's
championship 18.1 balklln contest. aOO
points up, to be played in accordance
with championship rules. He has depos
ited 1250 as a preliminary forfet.
Unable to Reach Ver
dict After Six Hours.
ASK TESTIMONY TO BE READ
Evidence of Three Supervisors
Is Retold.
COURTROOM IS CROWDED
Same Throng Which Heard Hiram
Johnson Lacerate Deposed Boss
in Closing Speech Awaits Re
sult Until Late Hour.
SAN FRANCISCO, Dec. 9. The fate
of Abraham Ruef, charged with bribery.
was placed in the hands of the Jury at
3:36 o'clock this afternoon and at 9:35
the jury returned to the courtroom and
asked that the testimony of ex-Super-
visors Furey, Wilson and Gallagher be
read, which was allowed.
At 5:45 o'clock, after'having been out
for two hours and nine minutes, the
jury requested permission to go to
dinner and there being no objection
from either side, the court granted
their- request, but ordered the jurors
to resume their deliberations at 8
o'clock.
Courtroom Is Packed.
So great Is the interest in the case
that the courtroom is densely crowded.
making it almost impossible to get in
or out.
In closing the arguments for the prose
cution Hiram Johnson delivered against
Ruef one of the most terrific denuncia
tions ever heard in a courtroom. His
speech of three hours, closing a legal
battle of 103 days, was made before a
crowd composed of men from all profes-
sions. Its effect upon the assemblage
and Jury was electric, for his words
seemed to spark fire as they came from
his Hps. He closed by saying:
"The sins that Abe Ruef committed
two by two, ho must now expiate
one by one. You are the arbiters of
this cause. Yes, you are more, you
are the guardian angels of this gov
ernment, and what will you think of
yourselves if you set at liberty this
man, who has debauched our town and
citizens, who has taught the youth of
our city the principles of his system,
so that it will take a generation to
root out the effects of his lesson? What
excuse will you have to offer for Abe
Ruef, who has offered no defense ex
cept that he sold this government and
its rights and privileges for so high a
price that you are asked to set him
free? Wo demand that you shall have
the common honesty and the common
decency to pronounce him guilty. For
your own sakes, for you and yours,
and for all that live in this city, for
all who rank themselves as patriots
(oncluded on Page 8.)
"HEREISYOUR
Says United States Purchased Title
From Group of Own Citizens
at Agreed Price.
PARIS. Deo. 9. (Special.) Promi
nent men in Paris who figured in the
Panama Canal deal smiled when they
were shown President Roosevelt's
strong and unequivocal statements de
nying the report that certain Amer
icans got a "rakeoff" from the sale of
the Panama Canal.
"I do not care to have myself en
rolled in the Ananias Club," said one
of the best-known newspaper owners
of Paris, "and therefore I do not care
to be quoted, but I know a thing or
two about the subject under discussion.
"President Roosevelt Is doubtless
perfectly sincere, but at the same time
he does not know the details, nor would
he be likely to. In fact they are not
particularly the President's business.
I am willing to repeat, and
can prove If necessary, that the
United States bought the canal from a
group of its own citizens, who. through
clever maneuvering, acquired either the
canal outright or the privilege of cell-'
Ing it at any figure not below a certain
sum. There are at least a score of
persons in Parl3 who know this."
DAVIS CASE WITH JURY
Deliberation Begnn on Whether He
Killed Rustin.
OMAHA. Dec. 9. The case of Charles
E. Davis, charged with the murder of
Dr. Frederick T. Rustin, was given to
the jury at 6 o'clock this afternoon. The
entire day was spent by William F.
Gurley, chief counsel for Davis, and by
State's Attorney English in summing
up the case.
EKSTROMER SHORT $10,000
Accounts of Swedish Vice-Consul
Who Committed Suicide Tangled.
ST. LOUIS, Dec. 9. Charles Ekstromer,
the Swedish Vice-consul and manager
of the local branch of a disinfecting
company, who committed suicide here
Monday, was short In his accounts be
tween $5000 and $10,000, according to a
statement of the company today.
COSGROVE DOING BETTER
Symptoms Yesterday Less Danger
ous Than Two Days Ago.
PASO ROBI,BS HOT SPRINGS, Cal.,
Dec. 9. (Special.) Governor-elect Cos
grove Is somewhat better today. His
symptoms are not as dangerous as two
days ago. Hl heart is more regular and
stronger. F. W. Sawyer, medical director.
Blast Breaks His Head.
THE DALLES. Or., Dec. 9. (Special.)
Jesse Phares. an employe on the Gov
ernment canal work at Celilo, was
brought to this city last night in a crit
ical condition with a fractured skull.
After setting off a blast late yesterday
afternoon, Phares failed to reach a place
of safety, a rock striking and shattering
the left side of his head. His injuries
are probably fatal.
INDEX OF TODAY'S NEWS
- . - The Weather.
YESTERDAY'S Maximum temperature,
4.Y1 decrees; minimum, 3f.l,
TODAY'S Fair, north to east winds.
Foreign.
Castro arrives In Spain, savins he seeks
peace with France and Holland. Page 7.
Solemn funeral procession of dead Chinese
Emperor. Pajce 2.
Attorneys again score Count de Castellalne
In Paris court. Page J.
Taft and Cannon confer on policy and will
state purpose today. Page 1.
House committee hears pleas for Eastern
forest reserves. Page
French newspaper publisher says Americans
boupnt Panama Canal and sold it lo
United States. Page 1-.
Oregon Representatives Join Fulton in op
posing young, page 3.
Domeatlc.
Hundreds poisoned and one dead through
eating at prometneus banquet. Page 8.
Ruef case goes to Jury after Johnson has
excoriated boss. Page 1.
National Conservation Commission hears
about waste of National resources.
Page 1.
Rivers and Harbors Congress united for
."iOO.000,000 bond issue. Page 3-
Wealthy Chicago society woman leaves hus
band and goes to work. Page 1.
Theater Trust to form branch trust In West.
Page 1.
Sharp. leader of Holy Rollers at Kansas
City, disappears. Page 8.
Sojorts.
Casy definitely chosen manager of Portland
team in rsorthweatern League. Page t.
Commercial and Marine.
Local wheat market not affected by price
changes in the ast. Page .
Two-cent drop In wheat at Chicago. Page 10
Minor stocks brought to front fn New York
market. Page 11).
Bark Homeward Bound suffers In hurricane
off South American coast. Page 18.
Pacific Coast.
Property valuation In state will be 5 per
cent more this year. Page ti.
Vancouver's new Mayor Is progressive re
form man. Page tl.
Gang that swindled Northwest horsedealers
buncoes farmers. Page 7.
Portland and Vicinity.
Dean Josephl defends methods of University
of Oregon -of Medical department.
Page 14. . ,
Street Railway Company wins fight against
paving with Belgian blocks. Page 12.
Matt Johnson on trial for murder of Holock. j
Page 18.
Exciting scene In City Council at discussion
of restaurant liquor-license applications,
page V2,
Mayor Lane argues before Council for a
municipal lighting plant. Page 12.
police make no progress in search for bank
robbers. Page 14.
Bean offers third of House chairmanships
to Multnomah Statement men in ex
change for support. Page 13.
SuitforChildren Affords
Spicy Morsel.
SAYS HATRED WAS MOTIVE
Lawyer Tells Court of De Cas
tellane's Jealousy.
TRY TO BESMIRCH EX-WIFE
Attorney Allege That Only "Way
Princess de Sagan. Could Avoid
Suit Was to Submit to Ex
tortions and Threats.
1
PARIS. Dec. 9. The courtroom In the
Palace of Justice, where Count Bonl de
Castellane is seeking to have the custody
of his three children placed with his
mother, Marqui.se de Castellane. Instead
of with Princess de Sagan. who was
given the children when granted a di
vorce from De Castellane, was crowded
with the leading members of French so
clety when M. Julemier spoke In behalf
of the Princess, who was formerly Miss
Anna Qoulct.
If M. Bonnet, speaking for the Count,
did not spare Prince de Sagan a fort
night ago, M. Julemier was no less de
nunciatory and bitter In his characteriza
tion on this occasion of the Count.
Motive Was Hatred.
De Castellane's sole motive In entering
this suit, he charged, was hatred of De
Sagan; the very thought of the Prince
occupying a place In the affections of his
former wife and living in the superb
mansion on the Avenue Malakoff goaded
De Castellane to fury. The Count, said
M. Julemier, did everything possible to
hinder the marriage of his former wife to
De Sagan and, having failed in this, he
was now seeking by every means In his
power to bring discredit upon the De Sa
gan household.
M. Julemier declared that De Sagan
never had. been expelled from any club
and that, while in Buenos Ayres. he did
not lead the adventurous life charged to
him. These and other accusations, coun
sel declared, were base calumnies, con
cocted by the man who had squandered
the fortune of Miss Gould and left her
with debts amounting to $2,00.000 to
settle.
Kefers to Count's Seven Homes.
"M. de Castellane has reproached M.
de Sagan for living humbly in hired
rooms." continued the lawyer. "Why did
he not offer him asylum In one of the
seven homes he continually frequents?"
M. Julemier then accused the Count of
furnishing mendacious information to the
Gould family in the hope of thwarting his
rival.
'The Jealousy of M. de Castellane," he
said, 'results from the thought that each
day rankles more and more that M. de
Sagan ta enjoying the great happiness
which to him is lost forever."
Extortions and Threats.
M. Julemier was followed by M. Rous
sett, who appeared on behalf of George
J. Gould, brother of Princess de Sagan,
a party in the defense in his capacity as
trustee of the Gould estate. M. Rousett
characterized as abominable and scan
dalous Count de Castellane's attempt to
besmirch the reputation of the mother of
his children, merely for the purpose of
venting his hatred. The only way In
which the Princess could have avoided
this suit would have been to submit to
extortion and threats, but this she would
not do because she had nothing to re
proach herself with and nothing to fear.
'The methods employed by M. de Cas
tellane assuredly will be branded as they
deserve by French Justice," he said.
"The former CounteBs had been kind to
her husband, so kind that the Gould
family had. deemed it advisable to estab
lish a trusteeship of the property to put
an end to the extravagances of the
Count.
Says Count Recognized Unfitness.
M. Roussett then said that the Count
recognized himself as incapable of bring
ing up his children and that he therefore
desired that they be placed In the custody
of his mother.
"The fount, however." he said, "would
take tnto his own hands the yearly in
come of $60,000 belonging to the children.
This money would melt like wax before
a Are; the children never would receive
a cent of it."
The Princess de Sagan enjoyed the
esteem and affection of the members of
her family, who were convinced that the
children should remain with their mother.
It was true, M. Roussett continued, that
George Gould was somewhat apprehensive
when he learned that his sister wished
to marry Prince Helie de Pagan, because
he realized that De Sagan was related to
the De castellane family, which his sister
had Just succeeded in leaving. He gave
his consent, however, when he saw that
his sister's heart was set upon the mar
riage. The lawyer' said he was convin
ced that the De Sagan household would
be happy, but, if a scandal broke out,
George Gould would be the first to ask
that the children be removed. He con- .
eluded by begging the court not to
separate the children from their mother.
Await Court's Decision.
WASHINGTON", Dec. 9. The Joint res
olution providing for the suspension of
the commodity clause of the railroad rate
law will be displaced as the unfinished
business before the Senate until after the
Supreme Court has passed on lis con
stitutionality, .