ill ROADS RUN AS ONE LINE Cincinnati Shippers Say Mer ger Ended Competition and They Suffer. EX-AGENT GIVES EVIDENCE Itrfore llarrlman Regime Rival Agents Sought Business and Competition Rig Shipper Condemns Merger. CINCINNATI. O.. Feb. 9. Evidence that the Union and Southern Pacific Railroads have ceased to compete and are operated practically as one line of railroad since the merger under the control of K. H. Harriman was Riven at a hearing before a master In the Gov ernment suit to dissolve the merger. It was sought by the testimony to show that railroads and shippers in Cincinnati and vicinity had for years heen regarding the Southern Pacific and L'r.lon I'acliic Railroads as one line and that consolidation of agencies and other actions Indicated a merging of in terests. Same Agents, Same Offices. The first witness was S. Gano. a freight solicitor for the Grand Rapids & Indiana Railway, who had been con nected with the Union Pacific for a term of years prior to 1894. He testi fied that the same agents at present represented both the Union and South ern Pacific In tills city, but that during his official connection with the Union Pacific they had rival agents and en tered into active competition for busi ness. According to his testimony, the two lines at present have the same agent and offices, the sljrn over the door reading "Union and Southern Pa cific." whiie each road has a separate window sign. On cross-examination Mr. Gano said that the various Independent lines in the West had agents and actively sought business In this Held. His tes timony was largely technical in the way or rates, competing rates and methods of soliciting business. -Merger Xot Good for Shipper. E. E. Williamson, who was formerly connected with the Queen & Crescent Railway, testified that prior to 1901 both the Union and Southern Pacific roads were in active competition for business, his personal knowledge cover Ingfl chleflv the competition with the Southern Pacific, which met the Queen & Crescent in the South, hut that he had understood that the same men had since represented both the Union and South ern Pacific. R. R. Buchanan, manager of the freight department of the Proctor & Gamble Company, and for 11 years with the Hig Four Railway, testiiied to the consolidation of the local management of the Southern and Union Pacific Rail ways. Competition between the two lines was active prior to 1901. but -he said his knowledge of conditions since was not personally definite. Mr. Bu chanan said that as a general proposi tion he believed best results would be had from absolutely Independent or ganizations, since It would then be pos sible to get more liberal and reasonable rates by competition. Freedom from the danger of unreasonable rates and greater certainty of adjustment of rates were given by him as reasons for fa voring the Independent organizations. CRY FOR SEALEVEL CANAL (Continued Prom First Page.) had demonstrated that the sea-leyel .anal could have been constructed for JJ47. 000.000. "Have we progressed so far in the construction of the lock canal thai we .annot now turn to the sea level canal? asked Foraker. "By no means." answered Kittredge. He Insisted that the sea level type should have been adopted at the beginning. "I want to say In this connection." said Foraker, "that I was influenced to change my support from the Nicaragua canal to the present Panama Canal, because I supposed that we could build a sea level canal at Panama and that we could not build one at Nica ragua. Everything that has occurred in connection with that canal since then has caused me to regiet my action." Teller said he also had supposed that when the change was mado nothing less than a sea level waterway would be un dertaken. Don't Know What We're Doing. A controversy over the height of tides at the Atlantic and Pacific ends of the canal, raised by Curtis, brought forth the statement from the Kansas Senator that the reports of the French engineers could not be accepted as of value as they "cftd not know what they were un dertaking." "They did not." said Teller, "and I want to say they know as much about it as our people Just about." Teller con tinued: "I believe today that you can build a sea level canal at Panama at less cost titan the lock canal and only a sea level canal will be of value to the world. An other advantage is that It will not be in danger of destruction, which will always be feared with a lock canal." The suggestion led Warren to ask Kit tredge questions bringing out the state ment that, unless action were taken at the present session of Congress author ising the Issuance of additional canal bonds, appropriation must be made from the general funds of the treasury if the work was to continue. Regular order was demanded and with out disposing of the canal question the Senate passed to other subjects. GIVE PRESIDENT SOLE POWER New t'anal Zone Bill Makes Execu tive Chief of Construction, WASHINGTON, Feb. 9. Under a spe cial order the House took up the bill "to provide for the Government of the Canal Zone, the construction of the Panama Canal and for other purposes." The report says a system by which ap lals may be taken from Judicial deci sions in the Canal Zone to the proper courts in the United States is necessary. As there is little litigation in the zone, the report says, there Is no necessity for three Judges of the Supreme Court there at present, nor for the court at all, if appeals be otherwise provided for. The discussion brought out that President-elect Taft had been consulted con cerning the provision giving to the Presi dent absolute authority in the matter of constructing the canal and providing -for the abolishing of the present Canal Com mission. For .nearly six hours the House dis cussed the bill. Amendments, almost without number, were aimed at the meas ure, but with one or two exceptions, they failed of adoption. Consideration of the bill was completed, but because of a threatened roll call by the opponents of the bill and the hour being late, Mr. Mann, having it in charge, did not ask for a vote. Time Is Inopportune. Mr. Richardson said the present was the most inopportune time to call the coun try's attention to the fact that a change of the legislative and administrative, as well as the Governmental policy of the Canal Zone was necessary. He said Con gress should wait for the report of the Commissioners who recently accompanied Mr. Taft to Panama. Mr. Stephens, of Minnesota, explained In supporting the bill, that it established on the Zone a legislative Instead of an executive government. Unless the bill were passed, he said, the cpnstructlon of the canal would be Impeded In many ways. Mr. Rainey, of Illinois, was bitter In denouncing the bill. Cockran Favors Bill. In supporting the bill. Mr. Cockran. of New York, declared his belief in a mini mum of- vice if he could not get virtue. He argued that it was not contemplated to establish a permanent government on the Canal Zone. TV mnlffln nf Mr. Hflrdwick to Strike j out the paragraph in question was lost. lit to 110. utner amenamems iuuontu m quick succession, but with one or two minor exceptions they were all rejected. NOT RESPONSIBLE I'OR RAINEY Bacon Refuses to Apologize for In sults to Obaldia. ' WASHINGTON, Feb. 9. The United States Government disavows all respon sibility for recent remarks made by Rep resentative Rainey, of Illinois, criticising President Obaldia, of Panama. This Is indicated in a letter sent today by Secre tary Bacon to C. C. Arosmena, Minister from Panama, in reply to a protest by the latter in behalf of his government. Mr. Bacon's letter says: The utterances of Individual members are not to ba taken as expressing the views either of the Government of tho United .States or of the House in which such re marks are made. As regards the state ment In question made by Representative Rainey. the President attached so little im portance to them that he had not even read them until your protest cam-?. He has now read them, and none of them con cerning which he had knowledge has any foundation In fact. The President need hardly say that this Government disavows all responsibility for the remarks of Repre sentative Kalnie'. to which you refer. In his protest Mr. Arosmena requested a disavowal of the offensive remarks concerning the President and Republic of Panama, such as may be deemed Just and commensurate "with the deep and unwarranted Injury" inflicted upon Pres ident Obladla. The letter continued: Your Excellency will note that I am In structed to Include In the prot-t the coun sel of this legation and the Finance Com missioner of Panama In this country. I have not referred to him In the foregoing protest solely In deference to his request that I retain from so doing, since h-'. as a citizen of the United states, does not de sire that any foreign government shall In tervene in his behalf. WIDE CANAL- ROOSEVELT IDEA Tart Said to Be In Doubt About W is dom of Change. J WASHINGTON, Feb. 9. At the Isth mian Cunal Commission today it was de clared that the widening of the 1'anama Canal from 200 to 300 feet through the Culebra cut from Las Cascadas to Pa rniso, a distance of 4b miles, had been authorized by President Roosevelt last Fall. This change was for the purpose of giving more room in the completed canal to vessels passing through at night and lessening the danger of collisions. It Is said Mr. Taft may have approved this change, but had not ordered or recom mended it. as was announced before he left the Isthmus. ST. PAUL ROAD DOES WELL EARNS $5,000,000 OVER ALL EXPENSES. Funds Will Be Used In raying Ad ditional Dividends or for Improvements. CHICAGO, Feb. 9. (Special.) Much satisfaction Is expressed with the report of the St. Paul road for the first half of its current fiscal year. In that period the road earned about J5.000.000 more than sufficient to pay dividends on both classes of its stock at established rates. This money may be paid out either in ex tra dividends or for additions and im provements to the property. Gross earnings were $32,507,799; operating expenses J20. 038,526; net earnings J12, 46!),273; total income J14. 285,853; bal ance for dividends J9, 735.927, and sur plus Jo, 078.005. Net earnings for the six months In reality were sufficient to pay 7 per cent on both common and preferred stock for the entire year and leave a balance of $1,160,000. If the road con tinues this rate of earnings, the year's surplus will be something like 2 and three-quarters per cent. This record has been made without any reference to earnings from that part of the Pacific Coast extension, which already has been opened for traffic. This Includes the line as far west as Butte. Mont. Earnings of the new lines are kep In separate ac counts, but thus far have not been published. All that is known regard ing them is that they have been high ly satisfactory to the officials. HATTERS DEFY UNION MEN Reopen Factories as "Open Shops" on Schedule Time. NEW YORK, Feb. 9.-Sixty-flve hat fac tories throughout the country, which formerly employed 25.000 hat makers, Avn,.tAH in nnen todav as nonunion shops. Today's reopening of the factories was the test of the employers io operate, their shops without union men. Reports from Danbury and South Nor walk. Conn., and Philadelphia, were to the effect that the factories had been re r,a.i as "nnen shops" but action was delayed as in the case of Newark. In Brooklyn a iaciory reporieu mat xi men had been engaged where formerly 350 union men were employed. MILLMEN MAKE PROTEST Grays Harbor Claims Government Bids Favor Seattle Shippers. ABERDEEN. Wash.. Feb. 9. (Special.) President McGlaughlin, of the Grays Harbor Lumber Manufacturers' Associ ation, has mailed a protest to the Quar termaster's Department for alleged dis criminations against Grays Harbor in calling for bids on lumber for exclusive delivery on Puget Sound. n-i KMtci Btivfl that larcre vessels can J. 11,; ,r i ... .j . J enter and leave Grays Haroo.- In safety and that tne numum ui mu should be allowed to bid on lumber-purchased by the Government r y. These superbly M 4 ..rrfV Tailored Suit. , JsTewY6rk, this season only Paris . at Lipmm. Wolfe & Co.'s. New Goods for Spring Are Being Opened in EverySection Wom.n who care for fif.t .election, and who are making plan, for Portland', early Spring weather, will find thi, showing one of great interest Exquisite New Spring Wash Fabrics Our magnificent assortment of wonderfully attractive, and withal inexpensive. Imported and Domestic Wash Dress Fabrics is now at its best. Every piece spick, span new. New patterns and colorings in almost unlimited variety. Over 100 styles are already shown, including Printed Silk and Silk and Cotton Pongee. Imported Irish Dimity. Chevron Stripe Suiting. Silk Finish Poplins. Poplin Repp. Bordered Zephyr. French Linens. Mercerized Pongee. Printed I'lizee. , Homespun Silk. Printed Pique. Satin Stripe Zephyr. Dirigo Batiste. Ensign Batiste. Silks. The new satin pongee is a pleasing and timely variation of a favorite fabric. The Cheney Foulards for Spring, 1909, are entirely different" from the Cheney Foulards of any other season. And these entirely new and dif ferent patterns are confined exclusively to this store. $25 Women's Suits at $13.95 Every style is exactly right and up to date for late Win ter, medium and three-quarter-length coats in semi-fitting effects; the colors are garnet, navy, brown, smoke, green, olive and black, some plain tailored, but mostly in the favored braid-trimmed styles; satin and taf feta lined. Regular $22.50 and $25 suits $13 95 $5 Silk Umbrellas 1 1 Not often you have a chance to get such good Umbrel II las for $2.95. And there are advantages about them that 1 1 make them an extraordinary value at the price. See them. Madam Yale's Preparations We are sole agents for the famous Madame Yale Beauty Preparations. An experienced demonstrator will show them to you and give free advice on beauty culture at our Toilet Department today. Something New in Not only the old-fashioned Valentines, but the romances of the day, and popular illustrated gift-books bearing the legend: "To My' Valentine," and tied with ribbon. Also framed pictures, such as "The Honeymoon," "Je Vous Aime," etc., etc. Val entine Post-cards. " " - . HOT WORDS SPOKEN Lodge and Smith Forget Their Senatorial Dignity. TILLMAN "JOSHES" THEM Amusing Encounter In Debate on Canadian Treaty Smith Likes Xot lodge's Looks, Soowl or Irritating. Manner. -. . nmv,'Tnv T3VVi 9 An amufilns ftIll.ivii - . t..nn Smith nf Michigan encuuiui Wc y. -- - and Lodge of Massachusetts marked the debate of tne tanaaian ways treaty in the executive session of the Senate today. Lodge asserted that the foreign affairs committee had re ceived from the State Department infor ,,nn which he believed answered Smith's objections. Smith in his repiy o? m" ... i i hfon Tirot) fired by ex- Secretary Root, but that it was the work of Chanler Anderson, a. yer who has been engaged by the State ; . various occasions in con- nection with treaties affecting the rela tions of this country and Canada. Smith ...i i.ot Ttfr. Anderson was too JIIUIIIUIGU v.." ' - close to the interests that control power rights at Niagara iaus aim uwv mo .ui o.. r rireDared for the pur pose of quieting the titles of New York corporations 10 int i.B' Lodge then intimated that the Michi gan Senator was not fully acquainted with the treaty. This aroused Smith, who told Lodge he did not like his looks, his scowl or his irritating mam.ci. Tillman interrupted with the remark that h hoped Massachusetts and Michi gan would clinch, but he supposed there were too "many centuries of culture in the Massachusetts member to permit of anything so commonplace." "If they would only get together, said Tillman, referring to his encounter in the Senate a few years ago with his then colleague, McLaurin, "it would detract from one chapter of my history which I would like to put behind me." After a long debate members of the foreign relations committee suggested that they be permitted to consider that treaty. It was not recommitted, but the discussion will be resumed Monday. Chance for Oregon Youth. OREGONIAN NEWS BUREAU. Wash ington, Feb. . Representative Ellis has Cotton Foulards. Colored Irish Linens. White Embroidered Swiss. -French Lawns. Bordered Irish Dimities. Bordered Poplins. Bordered Batistes. Zephyr Ginghams. Spring 1909 Galateas. New Seersuckers. Khaki Cloth. Novelty Percales. Newest Madrases. Fancy Crepes. White Belgian Linens. Only $2.95 Valentines been notified that his appointee to the West Point Military Academy has failed to pass the entrance examination. An other examination will be held at West Point February 23. and Ellis is anxious to obtain the names of any eligible boys willing to go there to take the examina tion. If no one presents himself, there will be a vacancy from the Second Ore gon district next year. VO BIG SHIPS ASSURED Senate Committee lavorable to Two 26,000-Ton Vessels. WASHINGTON, Feb. 9. The Senate committee on naval affairs today adopt ed the provision for the construction of two 26.000-ton battleships. It is thought the bllKwill be reported to the Senate to morrow. The committee reached that item in the naval bill today, and there was con siderable debate preceding its adoption. It was opposed because a number of Sen ators believed that the two battleships to be authorized should ba of the same type as the two authorized last year, which are of about E000 tons less displacement. It was argued by Senator Perkins and some others that the subject of building the larger ships ha3 been considered carefully by the House committee and by Secretary of the Navy Newberry, and that the plans of the general board and the board of construction have been ap proved. As a result of these arguments, the House programme was adopted. DIVISION" AMOXG IXSURGEXTS Two Plans for Revision of Rules Are Submitted to House. WASHINGTON. Feb. 9. An ' insurrec tion within an insurrection occurred in the House today when a resolution was introduced to change the rules. One res olution, providing for what Is designated as "calendar Tuesday and for the ap pointment of committees by a commit tee on rules and committees to be se lected by election from geographically grouped states," was signed by 23 mem bers. The other resolution provided merely for "calendar Tuesday" and was signed by seven members who refused to sign the first resolution. BLOCKS HONOR TO LINCOLN Vnderwood of Alabama Causes Hitch in Holiday Plana. WASHINGTON, Feb. 9. The pros pects for the passage of the resolu tion making February 12, the 100th anniversary of Lincoln, a legal holi day in the District of Columbia and the territories, were dimmed in the House today through an objection by Mr. Underwood, of AJabama, to a mo tion to send the resolution to confer ence. Postmaster for Condon. WASHINGTON, Feb. 9. John F. Reis acher was today appointed Postmaster at Condon, Or. Women's Tailor Made Suits for Spring of 1909 Illustration gives a first glimpse of Spring tyle. Hundred, of new garment, are ready today Theie first arrival are moder ately priced from $20 to $60 !tin vBp StlIlM 3 tat 07$ l .7$ lit MVi lip mUi III fjm fell 1 1 ; P i($mk rf The lines of these suits are per fectly plain, but possess a simple elegance that is their greatest at traction. It is interesting to see the new style features, the new colors, the new fabrics. Sales women will be glad to show them to you. JURY STOPS TIMBER FRAUD SHOWER OF IXDICTMEXTS IX - OKLAHOMA. Government Tires of Methods of Big Corporations and Action of Followers. MUSKOGEE, Okla., Feb. 9. Indict ments against 26 representatives of big corporations, charging them with hav ing stolen valuable timber from segre gated land in Oklahoma were returned by the Federal grand Jury today. An additional indictment was returned against one person for having imper sonated a United States officer in fur therance of the scheme of alleged tim ber thieves. The alleged thefts occurred chiefly in the Choctaw, Chickasaw and Seminole nations. Judge Campbell issued strict orders that no names be given out until the in dicted persons have been arrested. For years the Government has been harassed by timber thieves representing big corporations capitalized in the East, which have been stealing from segre gated Indian lands on the Sugar Loaf, Backbone, Winding Stair and other mountains, millions of dollars' worth of nlno walnut' nnlt find nthpr valuable timber. Wrhen the Government inspect- I EndlsNear; "ForcedOut" RemovalSale 'CLOSES SATURDAY NIGHT We have secured a store at last and will move Feb. 15. The Same Cut Prices ONE-THIRD OFF On many styles of PIANOS and "PLAYER-PIANOS" will prevail the bal ance of this week. Don't overlook this opportunity of SAVING FROM $100 TO $300. During balance of this week store will be OPEN EVERY EVENING. HOVENDEN-SOULE PIANO COMPANY Cor. Morrison and W. Park Streets. New Embroideries From St. Gall In no class of merchandise is" the advantages of this store's connections more apparent than it is in embroideries. Going to the makers of Switzerland, our representative gives commissions for exactly what is wanted. We choose our patterns from all patterns, for St. Gall practically makes the embroideries of the world. The-result is that many Lipman-Wolfe patterns are unique. We show today the new designs in French, Anglaise, French Revers, Hemstitched Effects, Grecian Effects, Filet, Baby Irish, Irish Cluny, Madeira and Shadow-work Embroid eries. To sum up you will find about everything that's new in embroideries, from the modest little cambric edge at 4c per yard, to the lovely Swiss allovers at $5.00. Hats New Fisk and Burgener Hat are here in n.velty styles for Spring. We alio have a great variety of otherjiew Hat for Spring at price from $5 to $10. We also make Hat to order, conforming to the fashion new ent us weekly by our Pari correspondent. $1.50 Dressing Sacques 89c Beautiful Dressing Sacques in pleated effects, long sleeve, turndown collar, belted ; made of best quality flan nelette ; dotted, flower, conventional, Persian and 39C Oriental effects, all colors; regular $1.50 values.,"" These are not Rummage Bargain. they represent a wonderful .pecial purchase of new garments from the manufacturer. The most notable Kimono bargain of the entire year Reg. $3 Long Kimonos S1.85 The rear's greatest intrinsic value in fleece-down and German flannelette Kimonos; Oriental and flowered effects veJj blue, rrav, brown, red, navy and cadet; some withal 1 orfauspl nt hers loose effects; sale price lUiu u.ii- k'-j- w; " Odd Lots Reduced in All Depts. ' Rummage Sale still continues on odd lots, odd sizes and Winter garments. A late Winter suit, good enough in style and fabric for a woman who usually wears $40.00 suits, can be had for $17.85. Odd lots of waists with, the fashionable long sleeves, at only $2.38. We call especial attention to odd lots in Pictures, Laces, Men s Furnish ings, Skirts, Coats, Leather Goods, Jewelry. Axminster 280 Axminster and. Wilton Rug use, in handsome Oriental and otJ. inp , ps: hest SXoU PpIjGj I -i-' ' v " 7 .k.j th thefts it has been Uia iravmu , ho timher thieves to ad UU&LUIII ' .i i ,,iif onri to nav certain amo Into the treasury of the Indian agencies in lieu of the value of the timber stolen. Then the thieves would promise not to commit any more depredations upon the forests, only to forget their promise, and there has been a continual repetition ol the offense for years. Finally United States District Attorney Gregg grew tired of this way of hand ling the thieves and the indictments re turned todav are the result. Government Inspectors have special agents collecting evidence. Jordan Sees No War Cloud. SANTA BARBARA, Cal.. Feb. 9. President David Starr Jordan, of Stan ford University, in an interview today, said that there is no danger of war with Japan owing to the legislation at Sacra mento. "Japan Is too poor," he declared, adding that the only way to exclude Jap anese was by an agreement with Japan. He said the leaders favoring anti-Japanese legislation were playing to the gal lery and were misinformed. He thought Drew sincere, however, in his advocacy of an anti-alien law. The actions of tho agitators he characterized as making California ridiculous in the- eyes of the country. Frye Gives Up Crum Fight. WASHINGTON, Feb. 9. Senator Frye today abandoned his efforts to have the nomination of W. D. Crum, the negro reappointed as Collector of Customs at Charleston, S. C. confirmed at the pres ent session. i LONDON GLOVES REGISTERED London is wearing "Reliem" Short Cape Gloves. Sold only by this store. Samples at $1.39 samples, bound and ready for floral designs; fu'Iffl OQ duality loaay lor.T jsIHIBPEH RECALL .CERTAIN VOTERS GET NECESSARY NAMES SIGXEI). Los Angeles Mayor Will Run Again. Rivnl Candidate Xot Yet Selected. LOS ANGELES, Feb. 9. The petition of voters asking the recall of Mayor A. C. Harper from office, whs filed by the Municipal League with the City Clerk today and, according to its sponsors, more than 10.000 attested signatures are on the list. As the total vote at the last municipal election was 31.3SS, and but 25 per cent are required to the petition demanding the Mayor's recall, the list has more than 2000 names over what is necessary. As soon as the City Clerk has con cluded the work of comparing the signa tures with the great register, the petition will be passed up to the City Council which, under the law, must call a spe cial election within 30 days to choose a successor to tne Mayor. Mayor Harper will be a candidate to succeed himself, but the candidate who will head the recall ticket has not been decided upon. Double-sole shoes keep your feet dry. Special sale prices at Rosenthal's.