BOARD WILL ACT
OH GATEWAY CASE
Portland Dispute Will
Be Investigated.
IS THROUGH ROUTE REQUIRED?
Northern Pacific Refuses to
Aid Harriman Lines.
BASIC QUESTION INVOLVED
Interstate Commission to Decide
Whether Road9 Can Be Compelled
to Join In Through Tariffs.
Hearing February 17.
CHICAGO, Feb. S. (Special.) One of the
bitterest fights, lasting for years, between
the Harriman and Hill lines over passen
ger business to the Pacific Xorthwest Is to
Be settled by the Interstate Commerce
Commission. That body has given notice
that on February 17 it will begin an In
vestigation of Its own motion at Chicago,
with a view to determining the right of
the Northern Pacific to close the Portland
gateway to through business over the
Harriman roads.
Incidentally, the case will go far toward
determining the right of the commission
to order through routes and compel rail
roads to Join in through tariffs, and
therefore the right of a traveler to buy a
. though ticket over any two or more llnea
which reach Ills destination.
Origin of Controversy.
It is the custom of railroads to protect
their local business In territories which
they occupy exclusively by refusing to
accept business from other roads at the
gateways to such territories. In the pres
ent case the. Northern Pacific having In
vested millions In the territory north of
Portland, and having through lines from
Chlca. Kansas City and St. Paul to Se
attle, has always refused to Join the Har
riman lines in a through rate to Seattle
by way of Portland. After the passage of
the Hepburn act. the Harriman lines filed
a through -tariff under the theory that
the general concurrence of the Northern
Pacific in their tariffs covered tho Port
land situation. The commission ordered
this tariff taken out upon the ruling that
such tariff should be accompanied by a
concurrence of the connecting line, which
was lacking in this case.
Tries Free Side-Trip.
Then the Harriman lines filed a tariff
which made the same rates from Chicago
to Portland as pertained by the Hill lines
from Chicago to Seattle and Incorporated
a provision to the effect that any passen
ger could, by applying to the conductor
on the Oregon Railroad & Navigation
Company's line, secure a free side trip
from Portland to Seattle. This move was
countered by the Burlington, which sent
a representative to the commission to ask
If it would be allowed to file such a tariff
from St. Louis to Portland with a free
side trip to Seattle. The commission
thought not, but declined to Issue a rul
ing, it being stated that tho body had
decided to take up the question and go
fully into it.
The law gives the commission the right
to order through routes where good and
satisfactory routes do not exist. In Its
answer to the informal complaint by the
commission, the Northern Pacific insists
that there should be no change in the
situation Insofar as a through route is
concerned, because good and satisfactory
routes already exist, routes which meet
ell reasonable demands of the public. Of
the route from Denver to Seattle it is
stated that it is in every respect as good
as the through route by the way of Port
land could be, and yet the company has
offered to Join the Union Pacific in
through rates from that point. East of
there the company Insists upon protecting
Its local business north of Portland and
upon enjoying the long haul.
IXTERKST HERE IS GREAT
Closed Gateway Turns Much Passen
ger Traffic Irom Portland.
Determination of the gateway contro
versy between the Hill and Harriman
lines, is a matter pf greatest importance
to this city. J. P. O'Brien, general man
ager of the Harriman lines in this ter
ritory, would not discuss the case last
night except to comment on the great
inconvenience experienced by Eastern
tourists under the present requirements
that are Involved in going to Puget Sound
points via Portland.
By reason of the attitude assumed by
the Hill people, the traveler who chooses
to come over the Harriman lines to Port
land and thence to Seattle Is required to
buy another ticket between the two coast
cities after reaching Portland and at the
same time re-check his baggage. As a
result much of the Coast travel Is
diverted from Portland which would-be
certain to visit this city under ordinarily
satisfactory transportation arrangements.
The traveling public and the Harriman
officials naturally are hopeful that the
Commissioners will provide s speedy
remedy to relieve this highly unsatis
factory condition.
'lnety-six Middles Fall.
ANNAPOLIS, Feb. 5. Ninety-six mid
shipmen, were deficient in studies as a
result of the serai-annual examination.
Forty-five of the deficients are among
the senior classmen.
CHICAGO WILL GET
OIL KING'S MONEY
UNIVERSITY RAISES $200,000
TO SECURE $600,000.
Ubrary as Memorial to Harper "Will
Be Erected at Cost of
$800,000.
CHICAGO,. Feb. 6. (Special.) A $500
contribution made by Clayton Marks to
day completed the $200,000 fund for the
Harper Memorial library, for which John
D. Rockefeller agreed to give $600,000 pro
viding the university raised $300,000. Sev
eral days ago a gift of $2000 by Mrs.
Emmons Blaine' almost made the fund
almost large enough to assure Mr. Rocke
feller's $000,000.
The formal announcement of the com
pletion of the fund Is to be made to
morrow by university officials. The new
$S00,000 library, in memory of the late
President William Ralney Harper, Is to
be buirt on the south part of the main
campus, facing on the Midway.
PORTLAND GETS MEETING
Retail Lumbermen's Association la
Coming Here In 1910.
SPOKANE, Wash., Feb. 5. (Special.)
Adoption of a resolution indorsing the ap
pointment of a nonpartisan tariff com
mission by the President of the United
States, which should have the same super
vision of tariff matters that the Railroad
Commission does over railroad matters,
was the most significant action taken at
the concluding session of the Retail Lum
bermen's Association ths afternoon.
In response to an Invitation expressed
In person by George S. Shepherd, of Port
land, and by a letter from -Tom Richard
son, secretary of the Portland Commercial
Club, It was voted that the 1910 meeting
be held In Portland. The date will be
fixed later by the Board of Directors.
Z. E. Hayden, of Wenatchee, Wash,
was elected president: C B. Channell, of
Twin Falls, Idaho, vice-president and A.
L. Porter re-elected secretary and treas
urer. CAUGHT, SKIPS TO MEXICO
Williams, Embezzling Leather
worker, Jumps Hall In Arizona.
BISBEE, Ariz., Feb. 6 D. H. Williams,
of Portland, has been arrested here on a
charge of theft of $1400 from the Leather
workers' Union of Portland. He was al
lowed $1500 bond. Jumped the same and
Is now across the line into Mexico.
D. H. Williams was formerly the secretary-treasurer
of the Leather workers'
Union in this city. The crime for which
he was arrested was committed about
three years ago. Williams took $1400, all
the money there was in the treasury of
the union, and decamped. During the past
two years he has been hunted all over the
United States and Canada. The loss of
the money taken by Williams so crippled
the Leatherworkers" Union that a short
time after the embezzlement the union
was dissolved and has never since been
reorganized in tills city.
BOTH SIDES SEEKING AZEF
Russian Socialists Want His Life,
Government His Evidence.
ST. PETERSBURG, Feb. 6. Eugene
Azef is now being hunted by the govern
ment as well as by the fighting Social
ists, the organization that had declared
him a traitor and condemned him to
death. He was for a long time one of
the leaders of the Socialists, but at the
same time he acted as a spy for the gov
ernment. He Is now a fugitive and re
cently has been reported In Switzerland.
The secret police, deeply compromised
In the Azef revelations, also will be thor
oughly investigated. M. Lopuklne, the
ex-chief of police, who also is charged
with treason, is being held In close con
finement. He Is not permitted to see a
lawyer.
HOLD SON AND SON-IN-LAW
CoronerS Jury Solves Mystery of
Esslck Murder.
COLORADO SPRINGS. Colo.. Feb. 6
Paul Esslck, a 16-year-old son, and Robert
Edward Piper, alias Arthur Davis, a son-in-law,
were arrested this afternoon
charged with the murder of Charles P.
Etsick, the aged clerk of Pikes Peak
Camp, No. 5, Woodmen of the World,
who, on the night of December 28 was
stabbed and afterwards shot to make
death certain.
This action of the police followed the
announcement of the verdict of the Coro
ner's Jury, which held them to be the
guilty parties and that Mrs. Flora Esslck,
wife of the murdered man, had guilty
knowledge of the crime.
HARRIMAN REPORTED ILL
"Wizard Suffers From Serious Nerv
ous Spinal Disorder.
CHICAGO, Feb. 6. (Special.) E. H.
Harriman, the railroad magnate. Is far
from being a well man, according to re
ports persistently circulated today In
financial circles here and In the East.
For several weeks, it is said, Mr. Harri
man ha9 been an unwilling patient In
the hands of his physicians and his in
tended trip to "California is said to be
for the purpose of restoring his health.
"It Is no longer a secret that Mr. Harri
man is a sick man," said a well-known
La Salle-street broker. "A few weeks
ago when I was In New York, I was told
by persons In a position to know that he
Is suffering from a serious nervous dis
order of the spine."
ROOSEVELT'S AX
PULLS ON -CENSUS
Vetoes Bill as Return
to Spoils System.
WANTS COMPETITION TO RULE
Departure From Civil Service
Law.
FORMER CENSUSES BAD
President Tells Congress That Ex
travagance and Demoralization
Marked Service Criticises
Printing Provisions.
WASHINGTON, Feb. B. "The evil ef
fects of the spoils system and of the cus
tom of treating appropriations to the pub
lic service as personal perquisites of pro
fessional politicians are peculiarly evi
dent in the. case of a great public work
like the taking of the census, a work
which should emphatically be done for the
whole people, and with an eye single to
their Interest."
In these words President Roosevelt to
day summed up a message to the House,
returning without his approval a meas
ure providing for the taking of the next
census, - because of a provision that ap
pointments shall be made on the basis of
non-competitive examinations. As passed
by Congress, the bill permits Representa
tives and Senators to designate persons
for positions after they have undergone a
single examination.
The references of the President to a di
vision .of the spoils "without a fight by
the professional politicians" on both sides
provoked general laughter.
After providing for a reprint of the
census bill as it passed the House, the
House adjourned, thus postponing action
on the message.
The President says he vetoes the bill
with extreme . reluctance, realizing the
value of time in beginning the census,
but declares It is of high consequence
that it shall be conducted witfi extreme
accuracy, that it shall not be open to
suspicion of 'bias on personal and poli
tical grounds, nor of being a waste of
the people's money and a fraud. He says:
v Keturn to Spoils System.
"Section 7 of the act provides In ef
fect that the appointments to the cen
sus shall be under the spoils system,
for this is the real meaning of
the provision that they shall be sub
ject only to non-competitive examina
tion. The proviso is added that they
shall be selected without regard to po
litical party affiliations. But there IS
only one way to guarantee that they
Shall be selected without regard to poli
tics and on merit, and that Is by choos-
(Concluded on Page fL)
BIFF! I
'
I ? r ...J
CABINET'S FATE IS
STILL IN BALANCE
GREY ISSUES ULTIMATUM TO
ASQUITH OX NAVY.
Build Six Dreadnaughts or He Will
Resign and Whole British Ad
miralty With Him.
LONDON, Feb. 5. (Special.) The fate
of the Asqulth Cabinet, now trembling
in the balance, is likely to be decided at
the next Cabinet meeting, or certainly
within a few days. The struggle over
the naval programme has assumed a
highly dramatic phase. One man who
now threatens to resign is Sir Edward
Grey, Secretary of State for Foreign Af
fairs and the pride of the Cabinet. He
demands as the price of his staying that
the slx-Dreadnaught programme of the
Admiralty go through undiminished.
The situation is complicated afresh by
the sudden ultimatum from the board of
the Admiralty. Its members threaten to
resign in a body if the six-Dreadnaught
scheme is defeated.
In the event of their resignation, the
government would be in the predicament
of having absolutely no Admiralty. No
single member of the Cabinet wishes to
face such a situation.
Several members of the Cabinet who
consider four Dreadnoughts ample, are
wavering. Viscount Morley, Secretary for
India; David Lloyd-George, Chancellor of
tho Exchequer; John Burns, President of
the Local Government Board, and Win
ston Churchill, President of the Board of
Trade, oppose Sir Edward Grey as firmly
as he upholds the sea lords' demands.
START SPOKANE TUNNEL
Work on $3,000,000 Bore Under
City to Xast Three Years.
SPOKANE, Feb. 6. (Special.) Ground
will be broken tomorrow morning on the
preliminary work for a $2,000,000 tunnel
of the Spokane & Inland Railway, a bore
4000 feet long, Its celling to be from five
to ten feet below the surface of Front
avenue, one of the main streets of the
business district.
Completion Is expected three years
hence, when trains will travel at full
speed the distance now traveled at a
snail's pace, owing to wagon, pedestrian
and streetcar traffic. The tunnel will
be lined with concrete and double
tracked. Two underground stations,
where the excavation will be the full
width of .the street, are part of the
project.
NEW TOGA FOR FO RAKER
May Remove to Arizona and Be
come First Senator.
PHOENIX, Ariz., Feb. 6. A special
from Washington says:
Members of. the Senate are seriously
discussing the rumor that Senator For
aker. In the event of statehood, will seek
a residence In Arizona for the purpose of
representing that state in the Senate. It
Is said that overtures have been made
to him by prominent citizens of the terri
tory, both Republican and Democratic. '
Senators who have talked of this prob
ability, expressed a hope that It may re
sult in the return of Mr. Foraker to the
Senate, notwithstanding the interruption
of his career in Ohio. -
MANY KILLED US
BUILDINGS
G MAS H
Whole South Swept by
Terrific Winds.
PROPERTY DAMAGE EXTENSIVE
Falling Bricks Put Oklahoma
City in Darkness.
OVER DOZEN KNOWN DEAD
Dwellings Demolished, Wires Go
Down and Much Suffering Pre
vails In Alabama, Texas
. and Tennessee.
DOZEN ABB KILLED.
LOUISVILLE, Ky., Feb. 5. Death
for nearly a dozen persons and hun
dreds of thousands of dollars worth
of property destroyed la the result
of small tornadoes that swept the
South from the Tennessee lloa to the
Texas Panhandle today. Known
deaths thus far are:
Stuttgart, Ark. tMrs. Garfield and
a child of Will Story. Mrs. Story
is reported fatally injured.
Sulphur Springs, Texas Mrs. l.
Caldwell.
At Rolllngfork, Miss., four were
killed and at Booth, Miss., six met
death.
At Ennls and Waxahachie, Texas,
and Roscoe, La., many houses were
demolished.
Arkansas and Upper Louisiana rice
Acids were damaged.
BIRMINGHAM, Ala.. Feb. 5. A
storm of unusual violence, ' equaling
a tornado in destructive energy at
many points, swept over parts, of Texas,
Oklahoma. Tennessee, Alabama and
other Southern states today, leaving in
its wake a path of ruin and death.
Houses were blown down, fields torn
up, and the country generally demor
alized. Six people were killed at Booth, Miss.,
when the storm reached there; three
were killed at Stuttgart, Ark., and sev
eral were killed at Cullman, Ala.
At Ennls, Texas, several residences
were demolished, though no loss of life
was reported. At Sulphur Springs the
storm wrecked eight dwellings. Sev
eral people were seriously hurt by fly
ing glass and debris.
City Plunged in Dark.
In Oklahoma, at Muskogee, the wind
tore down several tall smokestacks on
factories, generally razed chimneys, and
did much minor damage. One of the
smokestacks was on the power com
pany's plant, and as the bricks fell
(Concluded on Page 4.)
BABY IS BORROWED
.TO GET ALIMONY
-
FRAUD DISCO VKRKD AST) MAS,
XOT WIFE, GETS DECREE.
Startling Testimony Brought Out In
Divorce Case at George
town, Wash.
BELLINGHAM, Wash., Feb. 5. (Spe
cial.) Because she had no child as the
issue of her marriage with William
Welch, and wished to secure alimony
from him, Mrs. Cora Welch, plaintiff In
a divorce suit, borrowed a baby from
an orphanage in Georgetown, Wash.,
and attempted to palm it off on her
husband and the court as her own child,
born in wedlock. This was the start
ling testimony given today In the di
vorce suit of Welch vs. Welch In Judge
Hardin's department of the Whatcom
County Superior Court. As a result of
the showing made, the divorce for
which the wife asked was denied, and
her husband was granted a decree.
The principal witness was the matron
of the orphanage, who testified that
Mrs. Welch had secured the child in
the case from her, ostensibly for the
purpose of adopting it. When she first
filed the complaint Mrs. Welch secured
$400 suit money, telling the court that
she was soon to become a mother. She
then went to Georgetown and came
back with the baby, which she at
tempted to pass off as her own.
MEET ETHEL ROOSEVELT
President Gives Dinner to Friends
of Debutante Daughter.
WASHINGTON, Feb. 5. President and
Mrs. Roosevelt entertained at dinner to
night in the White House in honor of
their debutante daughter, Miss Ethel,
many of whose young friends were among
the guests. Thirty-four covers were laid.
The table decorations were Killarney
roses and freezia. The dinner was fol
lowed by a dance in the East Room,
Among the guests at the dinner were:
The Turkish Ambassador. Secretary and
airs. Bacon, Senator and Mrs. Bourne,
Senator and Mrs. Browne, Senator and
Mrs. Cummins, Representative Wesley
L. Jones, Representative and Mrs. Bourke
Cockran, Representative and Mrs. George
Malby and Representative Andrew B.
Peters.
HEPBURN GIVES UP FIGHT
Abandons Recount on Discovering
Loss in Appanoose County.
CENTERVH.LE, Iowa, Feb. B. In
the Hepburn-Jamleson contest for the
seat In Congress now occupied by W. P.
Hepburn, of the Eighth Iowa district,
the recount In . Appanoose County,
upon which Mr. Hepburn had relied to
make large gains, was given up here
today after the loss of 24 ballots by
Hepburn at the end of the recount of
eight precincts.
Two other counties are still Involved
In the recount. Union and Page. Chief
reliance having been placed upon Ap
panoose County by Mr. Hepburn's at
torneys. It la assumed that the con
test will be dropped In Union and Page
Counties.
SMITHS0N BREAKS RECORD
Runs 80-Yard High Hurdles in Ten
Flat Other Marks Set.
SAN FRANCISCO, Feb. 6, (Special.)
Forrest Smlthson, of the Multnomah
Club, broke even with Herbert Cheek, the
California hurdler, tonight at the Olympic
Club meet. Smlthson won the 80-yard
high hurdles, with Cheek second; but in
the 60-yard low hurdles Cheek was the
winner, with the Oregon man a close
second.
Smlthson made 10 fiat in his victory,
breaking his own world's record, . while
Cheek broke a world's record by running
the low hurdles in 71-5 seconds, which
will be a mark for aspiring hurdlers to
go after.
Glarner, Olymplo Club, broke a world's
record In tho Indoor half-mile.
DYNAMITE F0R REVENGE
Store Blown Up In Utah "and Clerks
Struck Dumb.
MAMMOTH, Utah, Feb. 6. The store
of the Mammoth Supply Company was
dynamited early this morning. The
charge was fired in the cellar. Two
clerks asleep In the store were stunned
and . unable to talk for two hours, but
were not Injured otherwise. The dam
age amounts to about 11000.
The only theory so far advanced ts
that the crime was commlttted by some
one to whom the company had denied
credit.
WRIGHT BREAKS RUDDER
Aeroplane Has Mishap While Start
ing Aviator Uninjured.
PAUL, France, Feb. 5. While leaving
the ground this afternoon with Paul TIs
sandier as a passenger, Wilbur Wright
broke the rudder of his aeroplane.
Neither Wright nor M. Tissandler was
injured.
BALDWIN MUCH IMPROVED
Veteran Horseman Again Is . Re
covering His Strength.
LOS ANGELES, Feb. 6. "Lucky"
Baldwin, who has been seriously ill at
his home in Arcadia for several days
and who was reported very low last
night, is much Improved.
JAP SCHOOL BILL
Y BE
California House Defers
Final Vote.
URGENT APPEALS ARE HEEDED
Tread on Dangerous Ground,
Says Stanton.
GOVERNOR ASKS FOR DELAY
Warns House nasty Action May In
volve Whole Country Johnson
Opposes Postponement, but
Yields to Stanton.
SACRAMENTO. Cal.. Feb. 6. At the
urgent request of Governor Gillett and
Speaker Stanton, the Assembly of the
California Legislature today deferred
until, next Wednesday the question
whether it should reconsider the vote
by which the Johnson bill for separate
schools for Japanese was passed yes
terday. The anti-Japanese leaders at
first offered determined opposition to
the motion to postpone, which was
made by Leeds of Los Angeles. The
Governor's message did not move It, but
a warning from the Speaker that "we
are treading on very dangerous
ground" overcame the opposition.
The message from the Governor was
as follows:
Gillette Says Reconsider.
"Gentlemen Believing that there should
be a further and more careful considera
tion of Assembly bill No. 11, which pro
vides that a board of school trustees shail -have
the power to establish separate
schools for children of Japanese, and
that thereafter they shall not be admit
ted into any other public school, and fur
ther, believing that the enactment of the
provisions of said bill will at this time
affect the interests of the entire Nation,
and perhaps seriously, I most respect
fully request you to reconsider the vote
by which said bill was passed and take
the matter up for further and most care
ful consideration.
"Within a few hours after the passage
of said bill, the President of the United
States, alarmed at the possible conse
quences of the enactment of such a law,
sent to me a telegram containing the
following language:
" 'This Is the most offensive bill of all,
and in my judgment U clearly uncon
stitutional, and we shall at once have to
test it In the courts. Can It not ba
stopped in the Legislature or by vetor
Remember National Interests.
"A telegram so forcible as this, coming;
from the President of the United States,
is entitled to full consideration and de
mands that no hasty or ill-considered
action bo taken by this state which muy
Involve the whole country.
"It seems to me it is time to lay senti
ment and personal opinion and consider
ations aside and take a broad and un
prejudiced view of the Important ques
tion Involved in the proposed legislation.
(Concluded on Page 8.)
INDEX OF TODAY'S NEWS
The Weather.
YESTERDAY'S-'-Maximum temperature, 43.3
degrees; minimum. 3B.5 degrees.
TODAY'S Kola; brisk southerly winds.
Legislatures.
?mator Miller's wrath aroused and ha
threatens an expose that will make Sen
ators blush. Page 6.
Bean's flat salary bill for Stats Printer
amended and sent to committee. Page ..
Amendments proposed to local option law la
Oregon,- Page 7.
Washington Legislature adjourns until Mon
day, with Molester bill before House,
Page 6. ,
Foreign.
Grey and whole British Admiralty Board
threaten to resign. Page 1.
One perpetrator o Roiny murder in Paris.
tells story in court. Page 4.
Floods in Germany cause 50 deaths and lnw
niense damage. Page 4.
National. ' .
Roosevelt vetoes census bllL Page 1.
Naval Department reorganization boaroj
meets. Page 3.
Government may Irrigate Malheur Valley II
landowners get together. Page 2.
At Roosevelt's request Gillett and Speaker
Stanton secure delay on CalUornia antl-.
Japanese bills. Puije 1.
Captain Qualtroughs eentence approved by.
Bperry and be may be dismissed. Page 5,
Domest Ic.
Burning of Adventist orphanage attributed
to incendiaries. Page 2.
Investigation of Portland gateway dispute;
to be held In Chicago. Page J,
Harriman seriously ill and going to Callfor
nia tor health. Page 1.
Tornadoes cause death and much damage 13
South. Page 3.
Sport.
Harness racing dates are set for North Pa
cific Pair Circuit. Page 10.
Northwestern League magnates will make;
up schedule today. Page 11.
Longboat defeats ShrubU in Marathoa
races. Page 4.
Faculo Coast.
Walter Johnson confesses on scaffold ta
killing Elmer Perdue for Ins money I
blades whisky tor his downfall. Page 6.
W R. Ctemens, accused of stock swindle in,
three states, gives bail at Colfax. Page fc.
Commercial and Marine.
Buying of potatoes for California resumed.
Page 15.
Steamship Riverside brings Now York carg
tor American-Hawaiian Co. Page 14,
Portland and Vicinity.
Street committee will advise Belgian blocW:
paving In wholesale district. Page 10.
Six divorces granted in Circuit Court. Page)
Rev "Billy" Sunday will speak in Portland
Tuesday. Page 9.
Clubs urge Executive Board to tulld new
Madisfn-street bridge without delay.
Page 18.
Rose Festival plans great civic celebration,
for Washington's birthday. Page 16.
DROPPED