Morning Oregonian., December 21, 1908, Page 3, Image 3

THE MORXING OIIEGOMAX, MONDAY, DECE3IBER 21, 1908.
RATES DENIED TO
BE
GONF SCATORY
Interstate Commerce Com
mission Replies to Hill
and Harriman Roads.
ANSWER. FILED IN ST. PAUL
to an end a controverry which has lone
xited between tli refineries In New
York and tlioee in Philadelphia.
The investigation was begun by the
Oommiasion on Its own initiative. It was
disclosed that the payment at present in
New York of 2 cents per 100 pounds to
the shippers as carlaKe was really in the
nature of a rebate from the through rate
tixcil by the railroads on shipments of
s u ira r.
The allowances, or rebates. In one form
or another, have been In vogue since
HS." and they range from the present
allowance of 2 cents per pounds to as
high as cents p r 1"0 pounds.
NO PUBLIC BUILDING BILL
Hales said to He Kniirrly Jut and
lo Hate Flcm Arritrd nt Tlirongji
Careful Inve-t igution Court
to Pass on Constitutionality.
OIIEUOXIAN NKH'S Kt'RKAL". Wash
ington. Dec. :o.-On Tuesitay last Thi
ther M. Walter, attorney for the Inter
Mate Commerce Commission, tiled in the
I'nlted States Circuit Court at St. Pa'il
a demurrer and answer to the complaint
of the Jlill and Harriman railroads
which complaint alleged that the I'acirtc
Coast lumber r;iies fixed by the Com
mission on June 2. last, require trans.
Iiortatlon at less than the cost of service
find that said rates will be unrenumem-
tive. and therefore are unjust and unrea
sonable.
The Interstate Commerce Commission.
which Is the defendant in this suit, ii
Its answer declares that the ratfs pre
scrioea are in all things Just an. I rea
sonable and will afford to each of the
earners a just compensation In all In
stance for the service performed.
Mr. Walter, for the Commission, de
murs to the hill of the railroads attack
ing the constitutionality of the Inter
state commerce law under which the
rates were readjusted .and contends that
the power to prescribe maximum rates
on interstate traffic has been constitu
tlonally delegated by Congress to the In
tel slate Commerce Commission and that
the decisions of June - were lawfully
rendered in accordance with the inter
state commerce act. The following ex-
tracts are taken from the answer of the
Commission:
"Defendant denies thut the rates pre
scribed by it are. or will be unjust and
unreasonable within the meaning of the
fifth amendment to the Constitution,
which prohibits the taking of property
without just compensation or without due
process of law. This court cannot and
will not inquire into the matter as to
whether said rates are just and reason
able within any other meaning.
"Defendant further denies that the
rates fixed by this cjefendant are. or will
be, to complainants inadequate compen
sation within the Constitutional guar
anty. "Complainants have failed to make
any application to the Commission for a
rehearing to have orders suspended or
modified, although complainants well
knew since June z. i:ii$, that the orders
complained of would he issued as a mat
ter of course unless upon application of
the complainants herein (defendants be
fore the Commission) such facts should
be shown to the Commission as would en
title complainants to have said orders
susjended. mollified, or set aside.
"The Commission Is rested with the
exclusive right and power of determining
what are just and reasonable maximum
rates, that the reasonableness of such
rates is not open to judicial, inquiry
upon original evidence leading to an in
dependent, conclusion: that in determining
what are just anil reasonable maximum
rates to he charged in the future, the
Commission must and dots exercise dis
cretion: that this court ought not and
cannot substitute it.s judgment and dis
cretion for the Judgment and discretion
of this defendant: that this court will
only determine whether the rates pre
scribed by the Commission are Just and
reasonable within the meaning of the
Constitutional guaranty which compels
the establishment of rates with reason
able regard for the cost to tiie carrier of
the senice rendered and for the value
of the property employed therein and
also with reasonable regard for the value
of the service to the public.
"Kvidence was introduced before the
Commission showing that the rates com
plained of before this defendant and con
demned by it in the orders in question,
were uniust and unreasonable, and this
defendant, after a full hearing afforded
to all the parties to the complaint, was
of the opinion that said rat.-s were unjust
and unreasonable and entered its orders
accordingly.
"Kach and every member of the In
terstate Commerce Commission fully
realized the great Importance of the is
sues involved In the complaint:- ear-H
and every member of the Commission
pave" personal attention to all the testl
riony offered upon either side and aft
erwards head all parties at great length
In oral atgument, and the members care
fully considered the various matters-of
fact and argument contained in the volu
minous briefs filed by each party. Tiie
orders complained of are the result of
the most painstaking consideration ami
care on the part of each individual mem
ber of this defendant.
"Defendant further avers that she es
tablishment of a rate of transportation
for the future involves the exercise of
discretion nnd Judgment: that Congress
has attempted to establish this defend
ant as expert tribunal for determining
questions of this character: and that this
court will not undertake to say whether
upon a'l the facts existing in the case,
ft would have arrived at a different con
clusion upon the facts presented as to
what the rates should be for the future.
"Defendant denies that the rates
effect on November 1 and l'J, are
lower than the rates charged for like
service by" any carrier in the United
States, and lowr than rates heretofore
fixed by this defendant for like services.
Defendant denies that the rates fixed by
the orders of this defendant are unre
munerative and confiscatory in any pense.
Defendant avers, on the contrary, that the
rates established by 'he orders complained
of are higher than the rates voluntarily
established by the carriers for the same
transportation covering a long period of
years. Defendant avers that the com
plainants herein during the last ten years
have received from their operations as
common carriers munificient returns
upon the property invested, and that said
returns iiMn the property aforesaid are
far above the average received by cai
riers In other parts of the Cnited States.
'"Defendant denies that the rates fixed
by the orders of the Commission are not.
and will not be. sufficient to pay the cost
of conducting transportation and any
Just or fair return upon the value of the
property used in said transportation."
.Leaders in Congress Ho-Not Intend
lo Spend Money.
OREGOXIAX NEWS BUREAU, Wash
ington, Dec. 19. It is not the purpose of
the leaders in Congress to permit the
passage of an omnibus public building bill
this session. The programme, however,
calls for a river and harbor bill and it
is expected that this will carry J7i.0"V.AmO
or .(. wo. a ha been the policy dur
ing late years to pass the river and har
bor bill in the short session and t lie build
ing bill In the long. There was a pub
lic building hill last session.
Those states which receive no benefit
from the- river and harbor bill are in
sisting that they be given appropriations
for public buildings this Winter, but
with the exception of the Kocky Mountain
country, all other sections of the United
States are benefitted in the rivr and
harbor bill and those states which re
ceive none of the "pork ' are compara-
paratively weak In point of numbers.
The condition of the I'nlted States treas
ury will not permit of lavish appropria
tions this session, and that reason will be
put forth by those who have determined
to sidetrack a general public building
bill. The shortage of Government money
would also be usi; against a river and
harbor bill but for the fact that new ap
propriations are necessary in order to
continue work on some of the large
projects where previous appropriations
already have been expended. It is good
business policy, as Congress has dls-
covered, to keep this class of work go
ing, for wherever there is a period of
Idleness, lasting one or two years, tli
unfinished work suffers through deterior
ation and tiie ultimate cost is. much
greater than if the work had been con
stantly kept up.
Speaker Cannon believes that there will
be a river and harbor bill this session and
he guarantees that one will be reported
and passed by the House. If it falls, it
will be because of the adverse attitude
of the Senate, and that's someting that
Is not anticipated.
r 0 J
GLOVE CERTIFICATES OR
MERCHANDISE ORDERS
at any counter, good to gjvg
because the recipient can
select hi own gift any tim
Si
B
UY YOUR GIFTS AT LIP-
MAN-WOLFE'S. A gift in
a box or wrapping paper bear
ing this name is doubly accept
able. It is the hall-mark of
quality on dry goods and kindred
lines, as notable in its way as
the word "sterling" on silver.
Quality is doubly valuable when
buying gifts, and the place to
find quality is at "Portland's
most reputable store." Gifts of
simple elegance and sure ap
peal. Hundreds of extra clerks
and widest aisles in town to make
Xmas shopping a pleasure at
Lipman-Wolfe's.
As advertised yesterday Special Christmas Sales To
day in every department. There are just four more
'days for Christmas shopping, and every effort that hu
man skill can put forth or human ingenuity devise to
more promptly serve the needs of the great throngs of
holiday gift-seekers has been done by our organization
for today's great business. As the result of this fact and
our wide aisles, courteous clerks and augmented de
livery service, shoppers will find Lipman-Wolfe's a very
satisfactory store for Christmas shopping.
SIMON TAKES OATH
PROVIDE FOR LABORERS
Y. C.
Meadiiiau Tells of Workers'
Condition in Germany.
iu.n iec. in (Special.) "In no
country that I have ever visited have I
found the workers btter provided for
or organized than in Germany." said W
C. Steadman, who with three other labor
members of Parliament recently visited
the Kaisers domains, "and I have seen
nntning tnat ever impressed me more
favorably than tiie great municipal Labor
r.xchange In Berhn.
'Out-of-work men could register them
selves for a fee of about 4 cents," he
said. "But what struck me most was the
fact that there were shoemakers readv
to mend the men's boots for nothing, and
tailors to repair their clothes without
charge. Every man could thus keep him
slf neat and tidy. At this same place
the men could have a hot or cold hath
for 1 cent and food was served- to them
at cost price.
We went to Dresden. Leipzig and
Frankfort, as well. Not once did I see
any slums. The workmen's tenements
were tall. clan buildings, moat I v built
over shops. There were no children run
ning about without shoes or stockings.
TRAMP SLEEPS ON COFFIN
Hobo
Makes Home in Vault
Carl-.rulie Cemetery.
in
BERUX, Dee. 1?. (Special.) During
the last few days the Carlsruhe police
were informed that a tramp wa making
his lodging In a vault In an old cemetery.
It was found that the tramp had made
his bed on a coffin covered with dead
leaves. In one corner was a heap of
bones', while a paper parcel containing
food was found In another. A candle
was stuck In a crevice In the wall. The
tramp had slept in the vault for weeks
and only left this singular lodging when
he realized that It had been discovered.
Assumes Office of President
of Haytian Republic.
MINISTER MAKES ADDRESS
Assures Constituents ATfairs of
Island Will Be Judiciously
Directed New President
TiOiidlr Cheered.
PORT AU PRINCE. Dec. 20. Gen
eral Antoine Simon, the newly elected
President of Hayti. took the oath of
office at 10 o'clock this morning at the
palace In the presence of foreign diplo
mats, the officers of the American and
Italian warships and the Haytian of
ficials of state. Senator Paulin. who
resided at the session of Congress
which elected General Simon Presi
dent, officiated and demanded that the
President respect the constitution and
other laws of the republic.
General Hippollte. minister of the
Interior, who responded In behalf of
General Simon, promised that every ef
fort should be made to forward the
agricultural and commercial Interests
of the country and to take measures
to Insure economy In carrying? on the
government.
Later, at the reception whicn was
held. M. Carteron. the French minis
ter, addressed the President on ne
half of the diplomatic corps and or
flclally presented the respects of the
foreign ministers. M. Claud, minister
of foreign affairs, gave assurances or
the government's Intention to maintain
most cordial relations with ail governments.
President Simon then attended a ses
sion at the cathedral where tne le
Deum was sung, afterward proceeding
on horseback, ronowea Dy a oriiiiaoi.
escort, through the principal streets of
the city, where he . was acclaimed by
all.
has now been definitely decided, in reply-
to the request drawn up by Dr. Clifford,
the dean consented it should be in the
form of a stained-glass window, depicting
scenes from the "Pilgrim's Progress."
He offered for the purpose tiie window
In the north aide of the Abbey, contain
ing a headlight and two main openings,
each about 20 feet high and 6 feet In
width. This suggestion was accepted, and
designs for the window were submitted
by J. X. Comper. the artist appointed by
tiie dean. The scenes selected for the
main opening are: Christian's meeting
with Evangelist, his admittance at the
wicket gate, his delierance from the
burden of sin at the foot of the cross,
Mr. Interpreter's house. Piety, Prudence
and Charity harnessing him In armor of
proof, his fight with Apollyon. Vanity
Fair, and crossing the river to the Celes
tial City.
The estimated cost of the memorial is
$6000. to be raised by a committee.
SLAVERY LIVES IN ANGOLA
rORTlClESE STEAL BLACKS
AXD SELL TO PLANTERS.
Deadly Climate of Islands Kills
and None Return. Says British
Invest (gating Committee.
SELECT BUNYAN MEMORIAL
Scenes Krom "Pilgrim's Progress"
to Be Depicted In Windows.
LONDON", Bee. 20. (Special.) The form
which the proposed monument to John
Bunyan In Westminster Abbey is to take
ALLOWANCES CALLED REBATES
Payment of Two Cents a Hundred
on Sugar Must stop.
'WASHINGTON'. Deci 2. In a decision
made public today the Interstate Com
merce Commlsj-ion declares that allow
ances for the transfer of sugar from re
fineries to the trains are essentially re
bates and In violation of the law.
This important determination was
reached" by the Commission only after
evrral months' consideration, and so far
ttr the Commission is concerned, brings
t i
EX-CONGRESSMAN FROM CALIFORNIA DIES AT
HIS HOME.
V
V';- yfC':'i
' . . . i A - . ! r
THE LATE El GENE F. LOIO.
SAX FRAXCISCO, Dee. 20. Ex-Congressman Eugene F. Loud died
last night at the home of his aon-ln-law. Captain J. J. Callundan, in
this city. He had been ill for some time and for several months past
had practically been an invalid.
His condition was still further weakened by the loss of his daugh
ter five mouths ago and the death of his wife, who died on December .
Loud was born In Ablngton. Mass., in 1847, came to California with
his parents in 1860. and at the aga of 18 enlisted and fought in the
Civil War and was wounded at Cedar Creek. Returning to California
he engaged in business, later entered politics, was elected Congressman
and served for 12 years In the House as the Repreesntatlve of the Fifth
CaJifornla district.
CAPETOWN'. Dec. W. (Special.) The
suspicions that slavery still exists in the
Portuguese colony of Angola, on tlia
west coast of Central Africa, and the
Portuguese islands of San Thome and
Principe, in the Gulf of Guinea, have
now been amply confirmed by the re
port of Joseph Burtt. who was specially
sent out by three British cocoa firms
and one German to Investigate the ques
tion. The evidence prevents any doubt
that, apart from legal terms and gov
ernment regulations which are not ob
served, the system of working the sugar,
sweet potato and coffee plantations on
the mainland and the cocoa plantations
on the islands is identical with slavery.
The natives are obtained by purchase,
capture or trickery in the interior, are
brought down to the coast in gangs.
usually fastened together at night with
wooden shackles, are sold to recognize:!
agents1 in the coast towns, and those
that are destined for the islands are la
belled and dispatched ' In the ordinary
steamers running about once a fort
i Ight. By this means an increasing sup
ply of laborers for the islands is main
tained, and the number of natives ex
ported annually, which' averaged 4000
three years ago. has now reached nearly
5000. The consent of the natives is hard
ly even nominal: and they are sold at a
recognized price.
. The climate In the cocoa plantations
Is very unhealthy, and in the first year
many die of homesickness and misery.
The death-rate is enormous. So far non-
of th "servicaes" tas they are called)
has ever returned. As Mr. Burtt says
at the end of his report, "If this Is not
slavery. I know of no word in the Eng
lish language which correctly character
izes it."
Representations have been made to the
Portuguese government, but hitherto
nothing but vague promises and contin
ual delay has been the result. A
for strong measures to suppress
traffic is now being made.
SCOUTS ARE GIVEN PRAISE
REPORT OF CHIEF OF BUREAU
OF INSl'LAK AFFAIRS MADE.
General Edwards Reeomnicnda tiie
Passage of Philippine Tariff
Act X'ovr Pending in Congress.
call
the
Tbe McGlbnej Family of Portland.
SEATTLE. Wash., Dec. 19. To the Edi
tor.) In the muster roll of the Sunday
school of Taylor-Street Methodist Epis
copal Church for February 1. 1ST.1. pub
lished In The Oregonian of December
IS. there appears the name of Frank M.
Gibney as a member of Class Xo. 1. The
name should be McGibney. He was a
member of the celebrated family of Mc
Gibneys. the "McGibney family," who
lived 33 years ago on the southwest cor
ner of First and Yamhill streets, in Port
land. They left Portland between 25 and
30 years ago and toured the country,
giving concerts. H. E. R.
WASHIXGTOX. Dec. 20. The Philip
pine Scouts are highly commended, the
bin to amend the Philippine tariff acf
now pending In the Senate Is indorsed
encouraging progress in the Philippines
and the maintenance of peace and order
in Cuba throughout the year are an
nounced in the annual report of Brig
adier-General Clarence R. Edwards, Chief
oi tne Bureau of Insular Affairs, which
was made public tonight. General Ed
wards says the Philippine Scouts are an
Important factor in the education of the
Filipino people and in the creation of
higher standard of living in the islands.
The report refers to the bill to provide
rree entry into the United States o:
Philippine products, with certain excep
tions, and free entry of United States
products Into the Philippine Islands and
free trade between the United States and
the Philippines without exceptions after
April 11. 1S09. The report says the
friends of the measure are entirely
agreeable to the inclusion of a clause
limiting Philippine sugar to be admitted
under Its provisions to 400.000 tons an
nually. ' This the sugar people admit
would be sufficient to restore some of
the former prosperity to the sugar In
terests in the islands. A reduction of
the present duties on tobacco, the report
suggests, would afford the moral encour
agement of which producers in the is
lands now stand po seriously In need
The other principal products in the
Philippine Islands, hemp, copra and rice.
have the advantage over sugar of not
requiring such enormous capital lor de
velopment and of not entering into com
petition with interests of this country
The postal savings bank, part of the
Bureau of Posts, shows a steady increase
of business and the institution has been
well received by all classes. Of th-?
depositors 60 per cent are Americans
and 40 Filipinos. The separate deposits
range from a few centavos to over 5000
pesos.
The excess of insular expenditures over
revenues during the past fiscal year
was J5p.524; and the excess of receipts
over expenditures in the city of Manila
was $328,367.
The expenditures of the Republic of
Cuba on account of American interven
tion from October 1, 1906, to June SO,
last, were $757,343. these expenditures
being made from funds allotted by the
provisional government from time to
time for army expenditures due directly
to the army service in Cuba. The state
ment of extraordinary expenditures on
account of the arm of pacification in
Cuba, which under congressional legisla
tion are to be reimbursed from the Cuban
treasury, shows a total of J5.311.8J2, of
which J3. 376.735 was from October 1.
1906. to June 30. 1907. and the balance
from then until June 30, last.
"THE BIG MARKET," 363 STALLS.
PORTLAND PUBLIC MARKET
Owned and Controlled by Portland
Men, Independent of All Meat
or Fruitgrowers' Trusts
Covers an entire block, two floors, 3G: stalls,
30,000 square feet of space devoted to market stalls.
40,000 feet additional space used for cold storage and
ice-making.
Moving Stairways to Second Floor
Reinforced concrete building, marble iittings. Re
frigerated counters free.
Located in an ideal market center Fifth, Sixth,
Glisan and Hoyt streets reached direct by all car
lines for one fare near East Side bridges and di
rectly in front of the new East Side bridge.
One Street Section Reserved for the Farmers
Construction Already Begun
OPENS IN APRIL
Apply at once for stalls. Rents moderate and in
clude light, heat, refrigeration and janitor services.
A few select stalls still remain for quick applicants.
PORTLAND PUBLIC MARKET 8 COLD STORAGE CO.
HERBERT BOOTH KING, General Manager
Telephones: Main 7450 A 5151
718-719 Board of Trade Building, Fourth and Oak Streets
LONE OBJECTOR
TELLER
May Prevent Passage of Bill
Tiding Bureau of Miues.
Pro-
Another woman has been elected to the
Colorado Legislature. About a dozen women
have en'ei there before her.
ORBGOXIAN NEWS BUREAU, Wash
ington. Dec. 1?. Notwithstanding the fact
that the House of Representatives last
session passea a Dill creating a Bureau
of Mines in the Department of the In
terior, the measure seems doomed to ulti
mate defeat so far as the 60th Congress
concerned, because Senator Teller, of
Colorado, is determined to fight it to the
bitter end, and in the short session he
has it within his power to defeat a
measure of this character.
President Roosevelt, in his mesaffi
favors the passage of the bill: the Secre
tary of- the Interior recommends It and
practically every Senator Bnd Representa
tive from the mining states is in favor of
its enactment. But Senator Teller places
his judgment against that of all the ad
vocates of the bill.
Senator Teller will retire from public
life March 4. and when he is gone it is
thought that the Bureau of Mines hill
can be passed. Nevertheless. Teller's ob
jection will postpone the creation of this
bureau for at least a year.
Portland. Me. Morris Oavis, of Seattle,
has begun suit against the Davis-Daly Es
tate Copper Company and the Davis-Daiy
Company to enjoin consolidation, saylne 1)4
was not plven proper notice. .lamus
Coram, of Brookllne, and Augustus Helnie
an.l Thomas M. T. BaboutR. of New Tork.
and Charles B. Leonard, of Butte, are mads
pHl-tiep to the sirt.
Manila. Major-HenersI John F. 'Weston,
until recently commanding a division of the
Philippines, sailed Monday on the trans
port Sheridan for 5an Francisco, where he
will take command of the Department, of
California on January 15.
New Cuban
Tobaccos
WE are pleased to announce
that -we are using the new
crop of Havana tobaccos
in our Jose Vila Clears. These
Tobaccos are fully cured and in
prime condition and equal to the
celebrated 1905 crop. Yon tnav.
have had cause to complain of
Tour favorite brands. Jose Vila
will please you.
This Is the Cigar that
received FIRST AWARD
for General Excellence
I SELl, OM,Y S.1M1-1.E SHOES
MY SAMPLE SHOES ARE SUPERIOR SHOES, THET ARE THE PICK. AND CREAM OF THE SHOE WORLD
' Positively No Branch Shops in Portland
FOR WOMEN
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CAMPBJXI.-
9FGAR CO.
Distributors.
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apair flli
Portland's fflli
Busiest lillf Vilfl ' '
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FOR MEN
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Never
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These Shoes are Regular $3.50 to $6.00 Values
STORE
OPEN
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10 P. M.
6th Floor
Oregonian
Building
Rooms 600-601
STORE
OPEN
TO
10 P. M.
6tn Floor
Oregonian
Building
Rooms 600-601
T.IKK F.I.F.TATIIR