TIIE MORNING OREGONIAX. BIONDAY, JANUARY 18, 1909 - - 11 MS COMPANY TO DISGORGE PROFIT New York Concern Must Pay Back Twenty Cents From Every Dollar. EFFECT OF COURT RULING Having Decided That 80 Cent Is Legal Gas Hat, Supreme Court Has Ordered Refund of Extra Money to Consumers. BT LLOYD F. LOXERGa:. NEW YORK, Jan. 17. (Special.) How would you like it If y6u had paid a bl gas bill every month for 22 month T And onoe a month had fought with the collector and told him he was a robber? And then had found that out of every dollar you had paid the company was compiled to pay you back 20 cents (four bwr). wouldn't It Jar you? The above accurately describes the position of the average New York house holder. On May 1. 1S06. the law provid ing that gaa should only cost SO cents per thousand cubic feet went Into effect. Before residents realised what It meant, the (u company went to court and se cured an Injunction. The effect of this was that everybody paid SI per thousand Jtt as before, but cents out of 'each dollar was turned over to United States Commissioner Shields who was ordered to hold it until' the litigation1 was over. Tlkoupht Money Gone. ' And the average New Yorker figured that he would never, see that 30 cents again. Every month he received a re ceipt with a warning In red Ink to the effect that if the new law was upheld he woulii be entitled to draw down 20 rents on a dollar. But the average man figured that that 20 cents would never come his way. and rally threw away his receipts as fast as he received them. As the months have rolled along, the amount of money In the hands of United States Commissioner Shields has natural ly Increased. At present he has a lit tle over fc'.oTi.OO In his possession and he Is anxiously awaiting an order of the court for its disposition. The average gas bill for a small family in a flat is 14 a month. The excess charge has run along for 32 months. This means that the householder has expended tUS and is entitled to a rebate of 125.60. - a nice little present to come in right after tne New Year's. Although the ways and means for dis tributing this J9.50O.nrm has not been thoroughly mapped out there is authority for saying that the plan to be followed will be like this: In the first place the distribution of the money will be left entirely to the gas companies. Commissioner Shields m-ill not attempt to pay out the enormous sum to the hundreds of thousands of claimants. Must Provide Bonds. The gas companies will be forced by the court to furnisli big bonds, completely covering not only the amount of rebates due but contingent payments. These bonds will be filed, subject to the orders of some sort to be mutually decided upon by the gas companies and the city. Then the money in the hands of Com missioner Shields will be returned to the gas companies. All this will take time and it may be 30 days before the details of the plan can be worked out. When the gas companies have filed their bonds and have been handed their rebate money. It Is up to them to make an equitable and fair distribution. They are In possession of every payment made since the 80-cent gas bill went Into ef fect. Their collectors know personally or by sight either every patron or some member, of every patron's family. When It comes down to close figuring the re lations between the as company and Its patrons are really quite Intimate. It is not likely that the gas company can insist upon patrons producing their receipted bills. All those who can pro duce such bille will be repaid first. The others will come later. Each case will have to be investigated. It Is safe to say that every consumer holding a valid claim will be paid In full. Tens of thousands of steady consumers will simply have their rebates credited to their running accounts, and the gas company will keep the money. Tens of thousands who have used gas and paid tl per thousand feet when the rate was only JO cents will never appear to col lect the rebate. Probably from 20 to 25 per cent of the money held by the gas companies as overcharge will remain- In their possession. All Scalpers Barred. Enterprising scalpers who contemplate buying up receipted gas bills at a dis count had best go cautiously. There Is no likelihood that the gas companies will pay anybody who Is not the actual owner of the receipted gas bills presented for redemption, undoubtedly a test case, covering this point, will be brought up as soon as the plan for redistribution Is agreed upon. Out of the Supreme Court decision the gas monopoly can take considerable com fort, despite the fact that It received a serious sethsck. For Instance, the court has said that 6 per cent Is a reasonable return upon the Investment In a gas plant. This gives the corporation a min imum percentage to figure on. There are other advantages, all of which were made plain when the full text of the court was transmitted to the United States Circuit Court of this city. "It seems to me." said one of the men who has been closely allied with the fight for !0-ccnt gas. "tliat the chance. oens right now for the Consolidated Gas Com pany to gain the good will of the people of New York City and hold it. "The monopoly Is beaten. IV It accepts defeat gracefully, tries to return the 20 per cent of overcharge to every con sumer entitled to It. and shows a dispo sition to be fair and above board. It will have the good will of the community, and It will be a long time before another attack Is made upon It.' But naturally the Gas Trust Is anxious to hold onto that 19.0 0,0 O. and nobody . would be surprised to see some new kind of dilatory legislation Instituted. Personally, the Gas Trust owes me tr$ h but I hardly expect to see the real money before Fall. TO DIVERT NATIONAL FUND Move to Pnt Congress in Control of Reclamation 'Work. OREGONIAN NEWS BUREAU, -Washington. Jan. 17. Once more the attempt In being made to take the control of the National reclamation fund from the Secretary of the Interior and place it in the hands of Congress: and once more will the effort fail, so say those who know. Tills time the movement Is started by n ..!... CSiMlhHirht of Cali- fornla. The California Congressman has Introduced a bill virtually robbing the Secretary of the Interior of the power bestowed upon him by the reclamation act. The bill stipulated that after July 1, B10. no money shall be expended from the reclamation fund without the spe cific authority of Congress; no contract for the construction of any Irrigation project shall be made without the au thority of Congress; and no new work, either on old or new projects, shall be carried forward without specific au thority from Congress. If the Engelbrlght bill should he en acted Into law Congress would have it in Us power to stop work on projects In states that are weakly represented In the Senate and House, and could divert money needed to complete those projects to the construction of new works in states with the biggest pull. The Engelbrlght bill can not pass this session, for It would meet with de termined opposition on the part of a number of Western as well as Eastern men. and general legislation that Is seriously antagonized, can not pass in NEW ASSISTANT SECRETARY OK THE NAVY. If : V 17 f h 'A . J Itmtm Herbert I.ivloa-mtoa gatterlee. NEW YORK. Jan. 17. (Special.) Herbert Livingston Batteries, the New York lawyer, naval of ficer and authpr who succeeded Mr. Newberry as Assistant Sec retary of the Navy, was born In New York City In 1863. and married. In 1900, Miss Louisa I'ierpont Morgan, daughter of J. P. Morgan. He has always been Interested In naval affairs. He helped organize the Naval Re serve Association, of which he has always been president. He is also general counsel of the Naval League. a short session. It is probable, however, that this bill will reappear In the next Congress. . MORE TC01TI1Y PRESIDENT WANTS COUNCIL- OP ' FIXE ARTS ESTABLISHED. Body to Advise on All Work9 and Monuments "Where Design Is . Integral Part. ' WASHINGTON, Jan. 17. Quick to ap preciate the plea that the fine arts have been denied that Governmental consid eration so universally accorded by other nations, as suggested by the American Institute of Architects, President Roose velt has taken the first steps looking to their recognition by this Government. The President announces In correspond ence made public today that he has asked the Institute to designate 30 men, representing all parts of the country, to compose a Council of Fine Arts. The object of the council, which Is to consist of architects, painters, sculptors, landscape architects and laymen, with the Supervising Architect -of the Treas ury as the executive head. Is to advise upon the character and design of all public works of architecture, paintings, sculpture, all monuments, parks, bridges and other works of which the art of design forms an Integral part; and to make suggestions and recommendations for the conservation of all historical monuments. President Roosevelt cordially Invites the recommendations of the architects. He says he will direct members of his Cabinet to refer to the proposed coun cil all matters in their charge embrac ing architecture, selection of sites and landscape work, sculpture and paint- '""Moreover." declared the President In his letter to the architects. "I shell re quest the council to watch legislation and on its own initiative to make rec ommendations to the txecuuve auu Congress." . n-,. . T.ur,t nrin tmmrdlatelv call upon the council for a report as to the character ana locmioa oi i memorial. MAROONED MEN RESCUED Schooner Picks Vp Three Japanese Left on Island Six Month. HONOLULU. Jan. 17. The Commercial Pacific Club Company's schooner Florence Ward arrived here today from the Mid way Islands with the three plumage hunters of the Japanese schooner Klcho of Shinagawa. Toklo, who were rescued by the Florence Ward on Lee Harmes Island last December. The Kicho put four Japanese ashore on Lee Harmes Island. 80 miles south east of Midway, on July 7 last and was to have returned for them. Shortly afterward, however, a terrific storm broke. The hunters lived on fish and seabirds. One of the men died. The Klcho Is supposed to have foundered.. MAIL PATRONS COMPLAIN Ilawley Takes Vp Matter of Delayed Service to Marshfteld. aotwwvi v XCTl'S TtmRATT. "Wash VJIVJJIV.'.'"' -' " . -- Ington. Jan. 17. Special.) Representa- ti..i.. aniBnul ftnmnlnmt with the Postofftce Department about the slow service along the route from Roseburg to Marshneld. Residents of Marshfleld and Intermediate territory assert that the i rontA in not delivering mall according to schedule, and has be come altogether too careless. j.ne . v. nmmliied to make an In purimciik ... y vestlgation, and take steps to compel the carrier to ooserve nis scneauio. CUBA AGAIN TO GOVERN HERSELF Gomez to Be Inaugurated Jan uary 28, and Americans Wili Withdraw. AFFAIRS NOW SET RIGHT Threatened Revolution Averted and Liberal Party Wins Vnanimous Victory Cuban Congress Wants More Money. HAVANA. Jan. 17. On January 28 at noon the Cuban people will come into their own for the second time at the hands of the American Government. It was on May 20. 1902, that the American flag, hoisted after the war with Spain, was hauled down In favor of the blue striped, slngle-Btarred ensign of Cuba Then, In September, 1906, a company of marines landed at the palace from the United States cruiser Denver, and halted a victorious revolutionary army on the outskirts of Havana, and American Inter vention, which first came against a for eign power, was once more a reality, this time to set things right among the Cu bans themselves. Cuban Congress Indifferent. The members of the Cuban Congress had become .Indifferent and for months prior to the? revolution it had been Im possible to secure the ' attendance of a quorum. This necessitated government by Presidential decree, and It was quickly followed by the cry that President Palma was assuming the role of dictator. The American Provisional Governor, Charles E. Magoon, has done all that It was pos sible for him to do to prevent a recur rence of this state of affair by decree ing that Congressmen who do not attend the sessions shall not receive pay. These rules, however, have already been de clared dictatorial by the Congressmen, and an attempt undoubtedly soon will be made to repeal or amend them. Now Want Salary Raise. The Congressmen also are even now discussing an increase in their salaries from 300 to J100 a month, although the Cuban constitution, like that of the Uni ted States, declares that an Increase of salary shall be effective only in succeed ing Congresses to that amending the law. The Liberal party, which claims to ne the party of the common people, went Into power as the result of an almost unanimous ballot. Major-General Jose Miguel Gomes, the new President, has magnanimously de creed that although the Conservative party vote in the recent election was al most nothing, that party shall have 30 per cent of the appointive offices. The Inauguration of Gomez on January 28 will take place at the palace at noon. Several American warships will fire a national salute, but neither United States sailors nor soldiers remaining on the islands will participate in the Inaugural parade, as their presence might detract from the pride of the people In the re turn of native sovereignty. KING DINES NAVY OFFICERS Commanders of Missouri and Ohio Entertained at Athens. ATHENS. Greece. Jan. 17. Klngr George gave a dinner at the palace to day to the superior officers of the American warships Missouri and Ohio. The American ships .will depart tomorrow. Bloodshed In Socialist Riot. DRESDEN. Jan. 17. A Socialist demonstration today In behalf of elec toral reform led to a serious riot in which 20 persons were seriously and at least 100 slightly lnjurea. Attend Rosenthal's great shoe sale. YANKTON" JOINS SQUADRON Connecticut Expected to Reach Vll- lefranche Today. VILLEFRANCHE, Jan. 17. The United States naval tender Yankton Joined the squadron now here today.. It Is ex pected that the battleship Connecticut will arrive tomorrow. The French Medi terranean squadron will reach Ville franche, January 26, Just prior to the de parture of the American warships, but It Is hoped some Inter-fleet festivities will be possible. A number of the ofrlcers end men or the Minnesota, Vermont and Kansas saw the grand prlx at the Nice track today. The value of the stake Is J2o,000. The race ended In a dead heat between Chanolne and Wild ABtor. ILLINOIS ARRIVES AT MALTA British Admiral Congratulates Fleet on Appearance. MALTA, Jan. 17. The United States battleship Illinois arrived here this morn ing from Messina, where she was en gaged for a brief period- In relief work among the .earthquake sufferers. f Rear-Admiral Potter, commander of the squadron. Captain Beatly, of the Wis consin and Captain .Hutchinson, of the Kearsarge, dined last night with Curzon Howe, the commander-in-chief of the British Mediterranean fleet. The British Admiral congratulated Rear-Admiral Pot ter on the fine appearance of the Amer ican ships after so slpendidly achieving their remarkable voyage around the world. OFFICERS ARE ENTERTAINED Special Excursion Takes Men to See Ancient Cities In Asia Minor. PMTRSA, Jan. 17. A party composed largely of officers of the American bat tleships Louisiana and Virginia was con veyed today by a special train provided by the American residents, to Ephesus, a famous ancient city of Asia Minor, the ruins of which stand on the banks of the Cayster. Another party visited the great lake. American Consul-General Harris has Issued invitations for a reception tomor row at the consulate. TRAINS COLLIDE HEAD ON Twenty-four Passengers Injured, but Only Two Seriously. COFFETVILLQ Kan., Jan. 17. M southbound passenger train on the Mis souri Paciflo Railroad, from Kansas City, collided head on with a northbound freight train, two miles west of this city this morning. Twenty-four passengers were hurt, but only two. Mr. and Mrs. P. S. Powell, of Mowata, Okla., are in a serious condition. The members of the engine crews Jumped and saved themselves. The en gines were demolished. g sG real Olds Wortman&Kin January Clearance Sale Is On sundries) QaranceSaleClever Coats I.. ti : 15e can Royal Tooth Powder, spe cial Monday.,. 5 Ingram's Milkweed Cream, 50c jar,' special 30t Solid Back Hair Brushes, pure bris tles, special lot of Boc values, Mon day . . 49? Large Size Bath Sponges, worth 35c each, 6peeial..20 50c box Tine Cloth Finish Paper, with envelopes to match embossed " Port land, Oregon, "on sale now af . .23 85c jar Library Paste, spl . .49? Bankers' Note Tablets, fine ruled bond paper, 10c value, sp'l at..5 All Wood to Burn, clearance, 'x off Cash or Bond Boxes, with lock and key, worth 75c, special. .55 Lace Paper Doi lies, for tables, lunches, etc., worth 10c doz., sp'1..5 Portland Agents for The Ladies' Home Journal 1-4 Less Regular Values One of the styles in this lot is just exactly like the illustration on right. The picture was drawn from the Coats in stock. The materials are broad cloths in black and the very best shades, fin ished with velvet on col lar and down the front as shown here. Then the re are plentyof other models, so the choosing is a pleasure. There are long Empire mod els, strictly tailored styles or semi - fitted effects. The regular values run from $15.00 to $45.00 and are now being reduced One-Quarter ml m MM Women's Gowns and Dresses Unusually at tractive styles for house and smart afternoon wear. Materials are messalines, broadcloths, marquisette voile, chiff on voile, etc. Some very handsome models and exclusive styles. Values from $18.50 to $60.00, sale tjlf price justJL JLCZLI Women's Suits Plain colored materials or fancy suitings and plain tailored or very cleverly decorated models. De cidedly smart street wear or dressy enough for afternoon functions. All the best shades and weaves concerned. Reg. vals. at $48.50 $18.75 Notions 100 Best Jet or Blue-Headed Pins, on sheet, 10c value, special at 5 5c Paper Pins. 3 White Basting Cotton, 500-yard spool, worth 5c, special, 3 for X0J Skirt Markers, for marking bottom of skirt, worth 75c, special at . . .49 Folding Wire Coat Hangers, loo val ue, special . .10 Bone Hair Pins, shell or amber, 1 dozen, assorted shapes, 20c card, special at . . .XO Shell or Amber Side Combs, worth 35c the pair.25 Silk Finished Thread, 100-yard spools, letter A, black and colors, 5o value, sp1..3 Cloth Brushes, 35c values, sp'1..19 Talcum Powder, oval can, fine qual ity, 15o value,. 5 Exclusive Portland Ag'ts for Royal Worcester Corsets Terse Tales of Other Tremendous Clearance Sale Bargains GREAT SALE OP BLACK SILKS. GREAT SALE OF DRESS GOODS. CLEARANCE PRICE ON LINENS. A SALE OF LACE CURTAINS. A CLEARANCE IN THE SHOES. GOOD SAVINGS ON BLANKETS. CHINAWARE IN THE CLEARANCE. SAVE ON KITCHEN NEEDS, TOO. Gloves at $1.19 Monarch Suede Gloves, two clasp style, in mode, white, gray or black; all sizes; regu lar $2 values. Clear- OI 1 Q ance sale price 0 ' Women's 16-Button Gloves, in assorted shades and sizes; reg ular values up to iH(M AO price, only w'" FANCY SILKS AT 59 THE YARD. 3 SPECIALS IN EMBROIDERIES. 3 BARGAINS IN THE HOSIERY. 3 GOOD MUSLINWEAR VALUES. A BARGAIN IN VEILS, $4.69. OSTRICH BOAS AT i4 LESS. PATTERN HATS NOW AT $5 EACH. THREE SPECIALS IN UNDERWEAR J ' L . a- -r 1 z 1 FLOOD IS RECEDING Sacramento Valley Still With- out Rail Traffic. WHEAT LAND OVERFLOWED this city said It Is probable that more went down in tne contusion. fcAAYMAKERS ARK DELAYED High Water May Iieave California Jjegislatnre Without Quorum. SACRAMENTO, Cal., Jan. 17. (Spe cial.) with a single line of treacherous track connecting Sacramento with the outside world, it looks tonight as If Speaker Phil Stanton and George M. Ferine, Speaker pro tern., may not reach here In time to call the Assem- bly to order tomorrow afternoon at 1 o'clock. The breaking of the levee on the Tolo side of the Sacramento River loosened a torrent of water which swept away the tracks of the South ern Pacific Company between here and Davis, effectually blocking traffic from San Frantisco. A large number of the members of both houses will endeavor to return here by tomorrow. If the track should go out, they, too, will be compelled to remain In the vicinity of Stockton until traffic is revived. The point was raised tonight that It may be Impossible to get a quorum In the Assembly tomor row, as two-lnirus oi me meinuera must be present before .business can be begun. If Stanton falls to reach here and Terine Is successful, the Speaker pro tern, will officiate. If. however, he is delayed by the floods, It will be necessary to- elect a temporary Speaker. General George von Schnlk. NEW YORK, Jan. 17. General Geor von Schlak. II. S. A., retired, died sud denly at his home hero today. He was 83 yfars old. Situation Believed to Have Passed Worst stage Railroad Trains From Portland Are Rout ed Via Stockton. SAN FRANCISCO, Jan. W.-WIth rail .i .till In a badly demoralized state owing to the breaking of the levees between Webster and Mxodo, i . c....mntn nd the washing out west . 1 11 of two miles of track; but with all rivers in the flooded section of tne steie iu.i.s rapidly and the foothill country for the present swept bare of snow, the general n !,,, irn iii more promising tonight. Many thousands, of acres of grain have been inundated In eacramann, counties and the newly-sown crop de stroyed, but no further damage Is anti cipated except In the event of a cold snap end more snow In the hills. Warm showers prevail throughout the central part of the state tonight, but the rainfall Is not enough to effect the flood situation. . T Between Faeramento and Rosevllle Junc tion the Southern Pacific is working night and day to connect its tracks withthe bridge of the Northern Electric Com pany the only railroad crossing still sending over the American River. This work is-not complete and ove Hand traffic 1q H11 belnc routed from Salt mice south via Mojave and Daggett. Trains tor Portland and the North ere being diverted by way of Stockton. ' The Yuba and Feather rivers are both reported to be receding, al"1u breaking of the levees on the Butter County side has done great damage to crops and completely demoralized the local train service and wire communica tion In that section of the state. TWO LABORERS IXSE LIVES Swept to Death hy Destruction of Trestle in Yolo County. SACRAMENTO. Cal., Jan. 17. In mak ing frantic efforts to escape from a sec tion of the long trestle near Webster Sta tion Yolo County, two and one hall miles from this city, two section laborers were drowned by Jumping into the deep overflow water that was fast atlng away the foundations of the trestle. A girtig of laborers. 25 in number, was en gaged in piling rocks and other ballast on the trestle when the foreman dis covered that the section on which the men were working was about to be swept away. . It is known that two were drowned and the survivors who were brought to of Purity Icdcfor flvfo Seal