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- -T1-T -n rnRTLAXD. OREGOy, TUESDAY, JANUARY 26,- 1909. PRICE FIVE CENTS.
WILL NOT DEFINE
LI Ofl REBATES
Supreme Court Leaves
Railroads in Hole.
OBEDIENCE TO LAW IS RUIN
Not Allowed to Pay for Use of
' Industrial Tracks.
AWAIT NEW PROSECUTION
Equally Divided on Law Point",
Court Kefuscs Rehearing on Al
ton Fines New Attempt
to Sec are Definition.
WASHINGTON. Jan. 25. (Special.)
TliO Supreme Court of the United States
today denied a rehearing In the case In
which the Chicago & Alton and two
ef lt former officers -were fined JSO.OCO
for paying rebates to the packing firm of
Bchwarrschlld & Sulzberger. The petition
was presented to the court because that
body was divided equally with reference
to the law points Involved in the case.
Only eight Judges sat. Justice Moody de
clining to participate, as It was under
his administration as Attorney-General
that the case was begun.
Law Points Are Indeclded.
The result of the refusal of the court
bids fair to be serious to the railroads, as
It leaves a number of important ques
tions arising und-r the Hepburn act un-d-cided.
All the more uncertainty exists,
as the Court of Appeals also split upon
the questions of law. the majority decid
ing In favor of the trial court. The
gravity of the questions involved was
made the basis of a petition for a writ
of certiorari to Ret the case before the
Supreme tfourt. Such writs are granted
In less than 10 per cent of the applica
tion, and. having granted it In this case
and having failed to decide the Issues,
the Supreme Court refused to give the
defendants another opportunity to present
Mould Bankrupt Kailroads.
The act which was declared by the
court . below to be' the payment of a
rebate was the payment to the packing
firm of II per car for the use of Its
switching tracks leading from the
packing-house to the tracks of 'he Al
ton at Chicago. Under the terms of
the decision of the court below,
no railroad company can lease, pay for
the use of, or operate under any agree
ment any such Industrial sidetrack be
longing to a shipper. If this Is the law.
It was pointed out to the Supreme
Court, It would bankrupt the railroads
Involved to change, for example, the
Chicago stockyards district, to conform
with the law. Such a revolution In the
methods of conducting transportation,
Jt was urged, should not be forced upon
the railroads until the highest court
of the land declared It to be the law.
W ill Walt to Be rrosecuted.
As a matter of fact, hundreds of
traffic contracts have been held In
abeyance awaiting the decision of the
court, and now the railroads will not
know what to do regarding this "new
commercial crime." which the lower
courts say was created by the Hepburn
act. Owing to the fact that so much Is
Involved, it Is more than likely that
the railroads will agree among them
selves to make no changes. In the hope
that the Government will start another
prosecution which may result in a de
cision by the Supreme Court.
STEAMER VENTURE BURNS
Flame Break Out Shortly AHer
Start From Prince Rupert.
' VANCOUVER. B. C. Jan. 23. The
(earner Venture, owned by the Bosco
w!tx Steamship Company, or Victoria,
and worth more than JlOO.WO. was de
stroyed by fire tills morning shortly after
starting from Prince Rupert, on her way
to Vancouver. The vessel, which was a
first-class freighter, had Just finished
loading 6000 cases of salmon at the Inver
ness cannery, when' flames burst from
Fifty passengers and the boat's crew
were safely landed on the wharf and the
boat was cut adrift to save the cannery
from the blaze. She washed ashore a
mile below and is still burning tonight.
Seven thousand cases of salmon, fully
Insured, are also a total lors. "
DOGS WORRY BOY TO DEATH
fcon of Forest Ranger Mortally
Wounded by Brtttes.
TAFT. Mont., Jan. 25. Hudson Bar
ringcr. S years old. a son of H. P. Bar
ringer, a ranger In the Lolo forest, died
today at the Milwaukee Hospital of ter
rible wounds Inflicted Saturday by two
large dogs. The boy was attacked on
either side by the two brutes within 30
rods of his father's cabin, and before his
parent could come to his assistance had
been mortally wounded.
The dogs, which were destroyed, were
owned by a neighbor and the boy bad
pften played with, them,
OXE DEAD, TEX ENTOMBED BY
CAVE-IX OF ROOF.
Three Miners, Badly Burned, Carry
Superintendent Out Others'
PITTSBURG,-Jan. 25. vvijile Superin
tendent Logan and a party of miners
were investigating conditions In the coal
mine of the Merchants' Coal Company at
Boswell tonight a gas explosion occurred
which has already coet the life of one
man and may result in the death of a
Superintendent Logan. Mine Boss Nor
rls. Pit Boss John Cole and 11 miners
had begun an Investigation and were
nearly a mile back in the mine when
the explosion occurred. The mine caved
In and the pass gateway was completely
blocked, with ten men back of the ob
structions. Three miners, badly burned,
found their way out and carried the
superintendent, who was seriously In
jured and unconscious. He died soon
afterward. Rescue parties are trying to
rescue Xorrls, Cole and eight other
miners, whose fate is uncertain.
BLOW PEPPER IN KEYHOLE
Police Ivay Siege to Sunday "Ltd"
Clnb in St. Louts.
ST. LOUIS. Jan. 23. Thirteen mem
bers of the Belmont Pleasure Club, an
alleged "Hd" organization, surren
dered today after defying the police
for 18 hours. The officers had gone
to the place yesterday to raid it for
violating the Sunday closing law. but
found the doors and windows barred,
and as tho men Inside had been charged
only with misdemeanors, the police
were not authorized to break down the
barriers. There was nothing to pre
vent them establishing a siege, how
ever, and this was done. In an effort
to drive the men out the police blew
ca-renne pepper through the keyholes
and stopped up the chimney. This
failed and only the desire for break
fast caused the besieged to surrender.
KEEP CHILDREN IN FAMILY
Opinion of Whit House Conference
on Their Care.
W AS KINGTON, Jan. 23. The importance
of the preservation of the home was the
central theme of discussion at the con
ference on the care of dependent chil
dren which -was opened by President
Roosevelt at the White House late to
day. The subject under consideration
was! "Should the Breaking of a' Home Be
Permitted for Reasons of Poverty or
Only for Reasons of Inefficiency or Im
morality?" It was the unanimous opin
ion of an array of notable charity work
ers that children can best be removed
from the family circle only when proper
supervision at home has become impos
sible. It also was the consensus of opin
ion that where poverty exists In the home
state aid should be given.
EDWARD LANG IS DEAD
Peek's Illness of Pneumonia Takes
Edward Lang, vice-president of the
wholesale grocery firm of Lang & Co..
died at 1:30 this morning at the home
of his father. L Lang, 722 Park avenue,
on Kings Heights.
Mr. Lang had been sick with pneu
monia for only about a week, and his
death came unexpectedly to his family.
Mr. Lang, although a young man, -was
well and favorably known here by a
large circle of business and social-acquaintances,
and his sudden death
comes as a great shock.
PIRATES ATTACK PEARLERS
Slanghter of Seven by Mores Is Re
ported. MANILA. Jan. 26. Word has reached
here of an attack on the Pareng pearling
fleet by Moro pirates January 20. seven
of the pearl fishers having been killed in
the light. The Insular government has
dispatched several patrol boats to the
scene of the attack with instructions to
aearch for the pirates.
OFFICERS FIGHT POLICE
Admiral Protests Against French
Treatment of Fleet.
MARSEILLES. Jan. 23. A party of
American naval officers came Into con
flict with the police ioday and one of
the officers was taken to the police sta
tion, where, it is alleged, ho was sub
jected to rough treatment. Rear-Ad-niiral
Wainwright has personally pro
tested to the authorities against the ac
tion of tne police.
GOLD MEDALS FOR WRIGHTS
Foraker Proposes Recognition of
Services of Aeronatus.
' WASHINGTON, Jan. 24. Gold medals
with suitable emblems will .be awarded
to Orville and Wilbur Wright by Con
gress In recognition of their great serv
ices In the advancement of aerial naviga
tion, if the House of Representatives ap
proves a resolution adopted by the Senate
today. Senator Foraker Introduced the
CAPTAIN LAST ONE
TO QUIT REPUBLIC
Commander Goes Aloft
as Vessel Sinks.
LATER RESCUED FROM WAVES
Second Officer and Handful of
Men Stay With Chief.
ALL ESCAPE FROM SUCTION
Picked Crew From Gresham Picks
Up Brave Men After Big Liner
Goes Down Two Coffins
Sink With Steamer.
WOODS HOLE. Mass., Jan. 25. The
story of the sinking of the big liner
Republic and the dogged heroism of Cap
tain Sealby In sticking to his vessel until
It had sunk beneath him, was told today
by Lieutenant Jcott, executive officer of
the revenue cutter Gresham.
Lieutenant Scott said that when the
Gresham found the Republic Sunday
morning the passengers and all the crew
but Captain Sealby, the second officer
and 25 men, who had volunteered to stay
by their chief, had been transferred to
The Gresham and a British passenger
steamer passed lines to the Republic
to tow the injured vessel, but she proved
very unmanageable In the northwest wind.
Late in the afternoon the derelict de
stroyer Seneca arrived and passed a line
to the Republic, but by that time she
was taking water fast. At 7 o'clock
last night the entire crew was ordered
by Captain Sealby to abandon the ship.
They easily overtook the Gresham and
said they could not persuade Captain
Sealby to leave his vessel, and the sec
end officer refused to leave the side
of his commander.
Searchlight Like Spotlight.
"At S o'clock last night." continued
Lieutenant Scott "the bow of the Repub
lic, Illuminated by the rays of the
searchHzMs. tu seen rising fast. Five
minutes later two pistol shots were heard
and two blue lights were burned. At
8:10 the Republic's bow shot up high in
the air and she sank in 38 fathoms of
water, in a position 15 miles west-southwest
of Nantucket South shoals light
"A lifeboat was dropped from the side
of the Gresham and a crew under the
command of Gunner Carl Johansen
started off. Tl.e boat returned In three
quarters of an hour with both tne cap
tain and the second officer on board.
They had been picked up clinging to
wreckage. Neither had on life preserv
ers. . When the Republic began to sink Cap
tain Sealby climbed tho foremart and
reached the masthead light as his boat
went down. The second officer Jumped
(Concluded on Pg 2.)
TAKES OWN LIFE
SEATTLE MATT CAXXOT ENDTJRE
NIGHT OX DESERT..
Railroad Agent, Fearing Robbers,
Drives Him Out Found With
Bullet in Head.'
SAN BERNARDINO. Cal.. Jan. 23.
(Special.) With ample means and a
large amount of Jewelry, Including a
costly diamond scarfpln and ring. In
his possession, C. O. Thompson, a tele
graph operator of Seattle, committed
suicide Sunday night under the pump
house of the Salt Lake Railroad at Rox,
a small desert station. Just across the
state 'line In Nevada, cause unknown.
He had applied to .gent Wright for a
room at the station during the night,
explaining he would pay any sum the
agent might demand, but this request
was refused, the agent being susplcioua
of robbers. The agent told him to
gather kindling and build a fire under
the pumping station close by, and spend
the night there.
Thompson went at once to the place
Indicated. Next morning his lifeless
body was found, a small pistol clutched
In the right hand and a wound in the
temple mutely testifying to suicide, as
none of his Jewelry nor money was mo
lested. His name scrawled on the back
of a card, giving Seattle as his resi
dence, was ail he left by which to es
tablish his Identity.
COURT UPHOLDS BANK LAW
Nevada Justices Order President of
CARSON CITY, Nev.. Jan. 23. The Su
preme Court of Nevada rendered a de
cision today in the case of T. B. Rickey,
president of the defunct State Bank.
The act under which he was Indicted
was assailed on its constitutionality. The
court unanimously upholds the law and
remands the defendant to the custody of
the Sheriffs office of Esmeralda and
Ormsby counties. Rickey is now in Cali
fornia, where he has taken up his home.
It is expected he will be brought to this
city Immediately In case he ' does, not
surrender in person.
NO BUSINESS EXCUSE GOES
Tennessee Puts Foot Down on
Shirking Jury Duty.
NASHVILLE, Tenn., Jan. 25. When
the court opened today for resumption
of the trial of Colonel Cooper, his son
Robin and ex-Sheriff Sharpe, charged
with the murder of ex-United States
Senator Carmack. Judge Hart began to
listen to the excuses of men summoned
on the second venire.
"The first man who presents a busi
ness excuse will be fined 10 right off
the reel," remarked the court.
MURDERER IS SURROUNDED
Leader of Gang Run Down In Lone
ly Louisiana Cabin.
AMITB CITT, La., Jan. 25. Garfield
Klnchen, charged with being the leader of
the "gang that murdered three persons
near Tickfaw, last Friday, was sur
rounded today in a cabin, seven miles
from Amite City.
BRIGHT GALAXY OF LEGISLATIVE TALENT
RE PRE 5
TO IMPOSE TAXES
Governor Will Call on
Solons to Act.
LEGISLATURE TO MAKE LEVY
Can Be No Equalization for
Fiscal Year 1909.
HARD ON LARGE COUNTIES
Extra Burden Imposed on Them by
Supreme Court Decision May
Put Equalization In Hands
of Tax Commission.
SALEM. Or. Jan. 23 (Speclal.)-Gov-ernor
Chamberlain will send to the Leg
islature tomorrow morning a special mes
sage advising Immediate enactment of an
emergency tax law to take the- place of
the act declared unconstitutional. The
Governor had not decided tonight whether
to outline a message which he thinks
should be passed or to leave thl3 entirely
to the Legislature. Probably he will In
dicate the general features which he
deems best suited to the emergency.
Levy on Present Assessment.
In speaking of the matter tonight the
Governor said that in his opinion it
would be necessary for the Legislature
to frame and pass a bill either mak
ing a levy or authorizing the State Board
of apportionment to make a levy for the
year 1909. "This levy would necessarily
be upon the valuations as they now stand
upon the assessment rolls," said the
Governor, "for there can be no equaliza
tion this year, and the Legislature must
assume that the assessors have done their
duty In making assessments. Provision
can then be made for an equalization of
taxes for future years."
Big Counties Will Suffer.
It la evident from this that Multno
mah, Columbia, Tillamook, Douglas,
Jackson, Josephine, Clackamas, Coos and
Wallowa must pay the greatly Increased
tax which will be apportioned under the
uniform levy based upon assessed valua
tions. The burden will fall upon the
counties as a whole, for the state tax is
a debt from the county to the. state. In
the case of Multnomah the additional
$107,000 will come out of the general fund
of the county. The law requires that
the 6tate tax must be paid out of the
first moneys collected. The county must
also pay to the city, the school district
and the Port of Portland their respective
funds. It will be necessary for the county
to retrench in other directions or issue
Interest-bearing warrants for current ex
penses. Frame Emergency BilK
It is probable that tomorrow the Joint
committees on assessment and taxation
(Concluded on Page T.)
GEXERAIS SON MARRIES CHOR
US GIRL AND DESERTS HER.
Left to Shift for Herself by Son of
Wealthy Family, Who Says
LOS ANGELES, Cal., Jan. 25. (Spe
cial.) The secret marriage of John
Carman, son of Brigadier-General Ezra
F. Carman, United States Army (re
tired), to a tragic young chorus girl,
was published to the world for the first
time in a divorce suit tried today before
Judge James. The spurned daughter-in-law
of the wealthy and arlstocratio
military family, now a stenographer,
went to court merely asking for main
tenance, but when the testimony was
half completed her counsel said, if it
was all the same to the Judge, she
would rather have a divorce Instead.
She got an interlocutory decree and
young Carman was ordered to pay her
J40 per month. for three years, unless
she should remarry In the meantime.
The secret ceremony was performed
in Detroit, the home of the Carmans,
thren vpars aco. ind the husband and
his mother soon afterward came to Cali
fornia, leaving the bride to shift lor
herself. She finally followed him here.
Toung Carman testified that he was
"broke" and canndt support a wife. He
said the marriage was kept quiet for
CUBA GREETS WARSHIPS
Salutes Mark Arrival at Havana on
HAVANA. Jan. 25. The American bat
tleships Maine and Missouri steamed Into
Havana harbor today. Tha Maine, fly
ing the flag of Rear-Admiral Arnold,
pointed the way, and after she. passed
Moro Castle began saluting tha Cuban
flag. This salutation was returned from
tho Cabanas fortress. As tho warships
made their way through the harbor the
bands on the quarterdecks played Na
tional airs, while there was desultory ap
plause from the thousands of persons
who crowded the seawalls.
Today Is the eleventh anniversary of
the arrival at Havana of the old battle
ship Maine, whose wreck 6tlll Is to be
seen In the harbor.
MUST PAY BACK RAKE-OFF
Xew York City Railroad Milked by
NEW YORK, Jan. 25. A Judgment
for $449,000 against tha Metropolitan
Securities Company and In favor of
Adrian H. Jollne and Douglas Robin
son, as receivers for the New York City
Street Railway Company, was awarded
today by Judge Ward, of the United
States Circuit Court.
The suit was brought .to recover
funds of the New York City Railroad
Company, alleged to have been divert
ed by the Metropolitan Securities Com
pany. It was charged that notes of
the New York City Railroad Company
were sold at 70 per cent of their par
value and later redeemed at full value.
THINK NEGRO FIRED HOUSE
La Grande Much Stirred Vp Over
LA GRANDE, Or., Jan. 25. (Spe
cial) The city is stirred up tonight over
the arrest this afternoon of Joe Wil
liams, a negro, who is accused of having
fired the Hllts-Andross building last
night, when over $5500 in property was
Today the District Attorney, whoso
household goods were destroyed, caused
the arrest of the negro employed about
the house. Public opinion is strong that
the negro flred the residence out of per
sonal spite. A word battle had ensued
Just previous to the discovery of the
FIGHT AT RAID ON FIGHT
Forty Men Attack Police AYho Spoil
NEW YORK, Jan. 25. Policemen to
night raided a prizefight In the Drydock
Athletic Club, at Tenth street and Ave
nue D.' When the two fighters were ar
rested the detectives were attacked by
30 or 40 men. Five ehots were fired. Re
serves were called from two precincts
and 23 men besides the fighters were ar
rested. Nobody was hurt.
CARRIE GIVEN SOME EGGS
London Audience Presents Them to
Her With Much Vigor.
LONDON. Jan. 25. Mrs. Carrie Nation,
who is attempting to deliver a series of
lectures here, met with a hostile recep
tion at the Canterbury Music Hall to
night. She was presented with eggs,
one of them striking her in the face.
The audience maintained a chorus of
hisses. Mrs. Nation was obliged to quit
the house under police protection.
TWENTY-FIVE DIE IN MINE
Explosion In Pennsylvania Is Dis
JOHNSTOWN, Pa., Jan. 2B. Twenty
five men are reported killed In the Bos
well mine, including Superintendent Lo
gan. The deaths were the result of an ex
plosion. The mine is located at Boswell,
Somerset County, Pa.
DARK HORSES I'J
Hopkins Pleads While
New Rivals Appear.
STANDARD OIL CRY IS RAISED
Calhoun Said to Be Ally of Oc
topus Like Foraker.
HOPKINS' HOPE IN DIVISION
Does Xot Believe Antlj Can Center
on Candidate Threatens to Pro
long Deadlock by Tying
Up Last Ditchers.
SPRING FIELD, TIL, Jan. 25. (Spe
cial.) Albert J. Hopkins is in personal
charge of his headquarters here today in
the St. Nicholas Hotel. He has scouts
out and each returning legislator is be
ing brought in to hear the Senator make
a personal plea for re-election to the
United States Senate.
Mr. Hopkins and his managers are
disturbed over a good-sized boom for I
Y. Sherman that is showing signs of new
life today. Along with this comes an
nouncement that Secrotary . of Stato
James A. Rose will bo entered in the
Senatorship race unless Mr. Hopkins ral
lies unexpected strength. Congressman
William A. Rodenberg, of East St. Louis.
Is also causing alarm as a probable
Herd of Dark Horses.
Mr. Sherman Is being credited with 21
votes, Mr. lose with 18 and Mr. Roden
berg with from 4 to 6. The Hopkins
managers express the iellef that as soon
as the "antis" attempt to center upon a
candidate against the Senator they will
meet with trouble.
Congressman Georga Edmund Foss, In
returning to Illinois, has caused alarm
in the Hopkins camp. The gossips here
Insist that the appearance of Mr. Foss
on tho scene will rally new votes for
him. W. J. Calhoun, ex-member of the
Interstate Commerce Commission, is a
Chicago "dark horse" entry expected to
show additional Btrength this week. Tho
politicians are attempting to stem the
Calhoun sentiment by insisting that, if
Mr. Hopkins Is to be routed, the toga
should go to soma one who has been
active in politics.
Standard Oil Cry Raised,
Bitterness of a new kind entered the
fight today. Tho Standard Oil cry has
been raised against Mr. Calhoun. Men
who are aiding Mr. Hopkins in his fight
for re-election are likening Mr. Calhoun
to Senator Foraker.
It is charged that Mr. Calhoun has
been long connected with the Standard
Oil Company. One case cited is that of
George F. Harding vs. Standard Oil
Company, of New Jersey, and William
Deneen In Predicament.
GovernoV Deneen Is quietly lining up
(Continued on Pac 2.)
INDEX OF TODAY'S NEWS
YESTERDAY Maximum temperature, 84.4
degrees; minimum. 35.1 clogreea.
TODAY Probably fair; easterly winds.
Berlin Pnr.iallsls attempt demonstration for
electoral reform. Pago 2.
Roosevelt tells how anti-Japanese laws may
be made Inoffensive. Paye 3.
Many dark norses appear against Hopkins;
Standard Oil cry raised against CaJhoun.
Great gathering of witnesses to testify about
Indian town lot frauds. Page 2.
Montana farmers lose suit to compel clos
ing of emeltors. Page 2.
Passengers and crew of steamer Kepubllo
arrive at New York praialng Contain
ijealbys heroism. Pago 1.
Seattle man. refused shelter at desert rail
road station, commits uieit. Page i.
Son of General Carman dlvorc 1 by chorus
girl he Becretly married. I ige I.
Supreme Court refuses to review Alton re
bate decision and railroads rnunt disobey
law or risk bankruptcy. Paso 1.
Eleven coal miners killed or entombed by
explosion. Page 1.
Bitter faction flglit In United Mlneworkers"
convention. Page X
Increase In membership fees of Multnomah
Club to take effect February 1. Page 11.
Contracts let for new North Alblna High
School. Page 10.
Teachors will get Increased pay for last
December. Page 14-
Captain Honnlngsen tells thrilling tale of
wreck of schooner Soquel. Page 4.
Governor-elect Cosgrove expected la Port
land this morning. Page 3.
House at Olympla delivers body blow to
local option bill. Page 5.
Multnomah officeholders meet with legis
lative delegution and plead for higher
salaries. Page tl.
Commercial and Marine.
Effect of prohibition movement on hop In
dustry. Page 15.
Xew York stock market firm but neglected.
Wheat breaks at Chicago near the close.
Oriental liner Nicomedla arrives from
Hongkong and way ports. Page 14.
Portland and Vicinity.
Suit of ex-Cashier Van Anker against
surety company for $25,000 damages on
trial in Feiteral Court. Page 11.
L. Gerllnger savs Government proceedings
to recover railroad grant lands Injures
Innocent purchasers. Page 14.
Mayor says whole pollen force Is to be
moral squfld. Paso 10.
Local terminal yards congested with freight
cars. Page 14
Concert for benefit of Italian sufferers nets
(970. Fag 14-