THE MORXIXG OEEGOmX, WEDXESDAT, MAT 5, 1909. MERGER OF LIES BLOW TO SERVICE Facilities Suffered When Inter ests Were Combined, Say Shippers. ROUTING WAS REARRANGED Railroad Men Recall Conference When They Were Told to End ' Hostilities Between O. R. & PT. and Southern Pacific. Evidence tending: to show that as re sults of the Harriman merger competi tion between the O. R. & N. and the Southern Pacific ceased in 1901; that Part of the time Bteamship rates had been maintained by the Harriman In terests by the use of subsidies; that the hi-TU . Bteamship and river service fJll teriora ted, and that routings of ireignt and passengers had been changed to give the greatest profits to the system, was brought out in the merger hearing in Portland yesterday. The cessation of hostilities between railway solicitors for th O. R. & N. and Southern Pacific, according to three witnesses, was the result of instruc tions given in a meeting of traffic men in Portland shortly following the for mation of the merger. These witnesses were: Thad T. Sweek. formerly correspondence clerk and contracting freight agent of the O. R. & N.: Thomas McCuskcr, formerly of the trafflo department of the Southern Pacific, and W. W. Wilde, formerly chief clerk in the Union Pacitic offices in San Francisco. The conference, according to these witnesses, was called by Traffic Man ager Ben Campbell, of the O. R. & N., whose authority in giving his instruc tions was contained in a letter from Traffic Director J. C. Stubbs to Mr. Campbell. Mr. Wilde came to Portland from San Francisco to attend this con ference as representative of the general agent there for the O. R. & N. and Union Pacific. Conference Ends Competition. Prior to the time of this conference, competition between solicitors for rail road business was keen, according to these witnesses. The Instructions from Mr. Campbell, as understood by Mr. Wilde, were that agents for the three roads were to work more harmoniously together. They were told that Atlantic seaboard business was to move via the Sunset route through Southern Califor nia, El Paso and New Orleans, so far as practicable. Traffic in general was to move whichever way would be the most profitable to the system. If the South ern Pacific could make more money than one of the other roads of the merger in carrying a certain traffic, the Union Pacific or O. R. & N, solicitors were not to go after that business, but they were not supposed to solicit business for the Southern Pacific. Mr. Wilde said he came to Portland without know ing for what purpose the meeting had been called. The testimony of Mr. Sweek and Mr. McCusker was practicaly along the same line, but greater details were gone into in the matter of division of business. It was testified there was a division of traffic destined for the At lantic seaboard and that destined for the territory west of the Atlantic sea board, seaboard tone and north of the Ohio River, the O. R. & N., Short Line and Union Pacific getting the haul of the latter to the Missouri River. The agents were instructed not to press this division or the Sunset rout ing to the point of offending friendly connecting lines at the Missouri River terminals. Subsidy to Steamer Line. The story of the subsidizing of an In dependent steamship company to induce It to maintain rates was told by Fred P. Fauragartner, until two months ago gent in, Portland for the California & Oregon Coast Steamship Company. This subsidy was a guarantee of 100 tons of freight on each up trip from San B'ranclsco for the independent ves sels. The contract ceased, said Mr. Haumgartner, in 1903, when one or the other of the two companies, he could not recall which, remembered that the Klklns law was In existence. One of the companies refused to sign the agreement, and competition, he said, had been unrestrained since then. Mr. Baumgartner also told of the method of the Harriman system of ac cepting freight from competing steamship lines. The independent boats of late have been the only ones calling at Coos Bay or EJureka, he said, and the O. R. & N. will accept freight from those points from the Independent lines and absorb the ad vance freight charges. On freight from San Francisco, however, where it has rail connections via the Southern Pa cific branch of the merger, the railroad will not absorb the advance charges. "The -result was to cut us out of busi ness destined to Interior points from San Krancisco," said Mr. Baumgartner. "We liad to quit handling it unless the freight was prepaid." Steamer Competition Ends. Testimony by. other witnesses also went Into the steamship traffic history exten sively. It was brought out by the Gov ernment that until the time of the merger, lumber-carrying steam schooners and the Independent steamship lines operating be tween Portland and San Francisco were not factors in the passenger business. nd that the O. R. & N. at times operated as many as four vessels on the route and for two years gave a provided three day sailings. The present schedule for the two vessels still known as O. R. & N. boats Is every seven days. W. W. Cotton, for the Harriman lines, by cross-examination brought out the fact that losses of steamships had been sustained in recent years and that the Independent lines were operating steam shlrs of much better passenger and freight facilities than at the time the O. R. & K. maintained, its best steamship service. The cross-examination was ap parently in an effort to showthat the merging of the O. R. & N. with the Southern Pacific had not been the cause of reduction in the service. The river service was the subject of some of the testimony, also. J. L. Harri son, assistant superintendent for the Van couver & Lewis River Transportation Company, testified that prior to 1901 the O. R- & N. maintained a steamer on the Yamhill River but did not do so now. Several witnesses with knowledge of steamboat traffic on the Columbia, Wil lamette, Oowllts and other streams, testi fied as to the manner of routing freight delivered by them in Portland, and cross-examination brought out that there had been no restrictions placed on routing since the merger was forn-.ed. Fruit Routing Changed. John Olwell, a fruit shipper of Medford, Or., testified that eince the merger, the routing of fruit cars from his territory had been changed but that he liked the change. , Mr. Olwell said he had been handling 10 to 40 cars of fruit from his own orchards and anywhere from 20 to 150 cars per season for other growers, de pending on the season. Previous to the merger, most of the Medford fruit had moved via Sacramento and the Central Pacific to Ogden. Now It all goes north to Portland, thence east over the O. R. & N., Short Una and Union Pacific. Prior to the formation of the merger, he said, freight solicitors for the Denver & Rio Grande used to come into the valley but did not do so any more. Mr. Olwell, however, -said he had routed only a few cars over the Denver & Rio Grande and - did so only because the solicitors were "good fellows," as he thought the route not the best. He said he believed the fruit shippers of his territory were getting quicker and better service via the Portland gateway and he had never heard of any desire among his neighbors for a reopening of the Sacramento route. The fruit, he said, kept better if shipped by a northern route. He also said there had been no change ; In rates since 1901 and he thought the shippers in his locality were very well satistied with the rates on Eastern shipments. Mr. Olwell's testi mony dealt with shipments of apples and pears. Tells of Earlier Conditions. The testimony given by W. H. Hurlburt, general passenger agent for the Union Pacific for ten years prior to 1901, the date of the merger, dealt largely with competition in San Francisco and Port land prior to the merger. It was neces sary, he said, to route passengers from Portland as far as Ogden over the South ern Pacific. The latter road preferred routing over the Sunset but the Ogden route was the shorter, and got the busi ness. The Southern Pacific supplied the Union Pacific a full complement of tickets which were placed on sale In the Union Pacific offices. He said he did not regard the O. R & N1. boats as competing with the railroad for passenger business be tween Portland and San Francisco, owing to the lnfrequency of their sailings, while the independent boats, during his term of service for the company, were not Im portant from a passenger standpoint. It is planned to close the hearing so far as Portland is concerned, tomorrow. There are still 10 or 12 witnesses to ex amine. From here the master in chan cery, Sylvester G. Williams, will go to San Francisco, where the hearing will be resumed. SPEAKS ON LAND REFORM Wallace McCamant Lectures Under Auspices of Irish League. In his lecture last night before the union mass meeting . of St. Francis, Sacred Heart and St. Stephen's parishes, in St. Stephen's Hall, East Taylor and East Forty-fourth streets, on "Irish Land Reform," Wallace McCamant gave a comprehensive review of the land re form movement In Ireland as Inaugurated by the Irish patriot, Michael Davitt. While the uoject is a dry historical one, Mr. McCamant was able to impart a glow of interest as he pictured the rapid ad vancement th4 people of Ireland are making under the land reform laws, which enables them to acquire a title to their homes, where they had been mere tenants for many years. The 'new land laws, r. McCamant explained, enable the Irish people to ac quire homes by the payment of little if any more than their rent had been, and under the operation of the law the gov ernment had advanced large sums of money to facilitate this acquisition of homes. It was shown by the lecturer that the home-loving Irish people were making rapid progress as they became homeowners, and, moreover, were becom ing happy and contented citizens. For all this, Mr. McCamant gave Michael Davitt large credit. The lecture was given under the aus pices of the United Irish League. Music was furnished by the Sc. Stephen's or chestra, the Oregon Quartet and the Sacred Heart Chorister Society. J. Hen nessy Murphy presided. MUST STAY IN PORTLAND This Will Interest Those Who Have No Pianos. I brought four different sample styles of our finest pianos to the Coast. I wanted to establish an agency in San Francisco. I showed these samples to every dealer there. Everybody praised them highly. No one found fault. But conditions of trade have been and are such in. California that no one was in position to accept the representation of our line pianos. Then, I shipped these samples to Portland. I found the same situation here. I don't want to send these pianos back to the fac tory. So I left them with out family's old friends, the Messrs. Eilers. I told them to sell these pianos at whole sale, or even less, rather than have me pay freight back. I can't publish prices. That would hurt the future sale and representation of our instruments, but I am willing to take cost and less than cost. They are good pianos. They will please any teacher, any cultured musician. Numerous pianos bearing my father's name and sold here maybe a dozen years ago, are used every day in some of Portland's finest homes. We will sell these pianos on time If responsible buyers are not prepared to pay all cash. Ask for me or Mr. Reed, at Eilers Piano House, 853-355 Washing ton street. Wm. T. Brinkerhoff. EXPANSION SALE. This Is no . ordinary spectacul flushing the people sale. We feel in duty bound to make some compensa tion to our customers during the alter ations. We have marked the entire stock at special prices, in some cases at less than wholesale, and in plain figures. We Invite an inspection of the stock and prices. McAllen-McDonnell, Popular Dry Goods Store, cor. 3d and Morrison. See the Millinery and New Sample Suits. LATEST SHEET MUSIC 5, 10 and IK Cents. Popular, classical and folios. The E. P. Charlton & Co., 288-290 Washington St. The number of automobiles in England has doubled In three years. Post Toasties Appeal to Good. Bad and In different Appetites morning, noon and night. The T&ste Lingers" Sold by Grocers. MEASURES CONFRONT VOTER Long List of Titles Will Be on Ballots in the June Election. TAKE TIME TO CONSIDER Average Citizen Will Be Detained for a While in Reading Through 2 7 Summaries of Proposed Charter Changes. Ballot titles for 27 different meas ures to be voted on in the June elec tion have been prepared by the Gity Attorney, filed In the office of the City Auditor for the required five days, and are now in the hands of the printer. These ballot titles do not include those of several initiative measures, the petitions for which have not yet been accepted by the Auditor. The excise board petition, the Gothenburg petition. Market-street bridge petition, munici pal light plant petition and the Sherman-street bridge petition are still withheld pending the completion of tha checking or action by the courts. The ballot title prepared for the pro posed general revision of the charter will head the list of measures, and will read as follows: An act to amend and generally revise the city charter submitted by a committee of 15 citizens, vesting all legislative power in a Mayor and Council of six members, dis tributing all executive business among six bureaus with one Councilman at the head of each bureau, abolishing political parties In municipal elections, fixing the salaries of all elective officers, amending the charter provisions of the charter relating to local improvements and assessments, and to the grant and regulation of franchises and other provisions. Two alternative amendments to sec tion 227 of the charter are submitted following the general revision title. The first amendment provides that the cost of water mains shall be paid by the property benefited, and the second provides that the payment of such costs shall be out of the water fund. Other Charter Changes. The amendments to the charter pro posed by the committee of even ap pear in the ballot order in the follow ing manner: An act to amend Section 57 of the Char ter of the City of Portland providing that city official advertising snail be let only to a daily newspaper in the City of Port land which shall have been published con tinuously for a period . of one year next prior to the date of the bid. An act to amend subdivision 28, 34 and 5 of Section 7 of the Charter of the City of Portland, authjrizing the Council to regulate electric wiring ; to create the of fice and define the duties of electrical in spector; to create the office and defining the duties of purchasing agent ; and to adopt and enforce the use of life-saving devices for the protection of human life. An act to amend Section 9d of the Char ter of the City of Portland, requiring the holders of f ranchiees granted under former charters of said city to keoo certain books of account and file reports with the Auditor of the City of Portland. An act to amend Section 190 of the Char ter of the City of Portland, providing for a woman's auxiliary to the Police Depart ment of said city. An act to amend Section 202 of the Char ter of the City of Portland, providing that the City Treasurer, upon the direction of the City Council, may purchase bonded warrants of said city with money from any idle fund and hold such bonded war rants as cash. An act to amend Section 293 of the Char ter of the City of Portland, as amended, authorizing any bank: in the City of Port land with a paid-up capital stcck of $50 GOO to file an application for the deposit of a portion of the city funds; prohibiting stand ing funds from being deposited on time certificates of deposit- authorizing the re ceipt of Port of Portland bonds or School District No. 1. Oregon, bonds as security for such deposit. An act to amend the Charter of the City of Portland by inserting therein a new section, to be known as Section 293a of said charter, authorizing the Treasurer, up on approval of the Council and under cer tain conditions, to deposit surplus funds In banks upon open account, upon receiv ing from such bank indemnity bonds Is sued by surety companies authorized to do business In the State of Oregon In cne and one-half times the amount so deposited. Civil Service Amendments. Ar act to amend Section 306 of the Charter of the City of Portland by ex cluding from the operation o2 the civil service regulations the chief deputy city engineer, the building Inspector and the purchasing agent. An act to amend Section SIT of the Charter of the Citv of Portland, providing that any employe In the classified civil service may be discharged for cause, other than political or religious reasons, or where COMMERCIAL CHECK ACCOUNTS unre stricted. SAVINGS ACCOUNTS, $1 and up interest bearing. TIME CERTIFICATES interest bearing. TRAVELERS' CHECKS available the world over. FOREIGN LETTERS OF CREDIT likewise avail able. .' . COLLECTIONS made on all available points. We solicit your banking business. In Our "New Quarters at Sixth and "Washing ton Streets With Un excelled Equipment After July 1. MERCHANTS SAVINGS & TRUST COMPANY 247 Washington St. . the discharge was not made In good faith for the purpose of improving the publlo service and that in case of discharge the burden of proof shall be upon the dis charged employe. An act to amend Section 331 of the charter of the City of Portland, as amended authorizing the Municipal Judge to appoint one deputy clerk of the Municipal Court, at a salary not to exceed $100 per month. An act to amend Section 349 of the charter of the City of Portland providing that the Auditor shall act as clerk of the viewers and prepare their reports in all proceedings for the establishment, laying out, opening, widening or change of any street. An act to amend Section 358 of the charter of the City of Portland requiring the Auditor to withhold the delivery of any warrant for damages on account of tbe opening or widening of a street until the person in whose favor the warrant 1b drawn fthall exhibit proof that there are no prior liens on the land appropriated. An act to asund Section 364 of the charter of the City of Portland providing that when streets or public places are va cated for the purpose of rededicatlon the petitioners shall first present assurances of rededlcation. An act to amend Section 378 of the Charter of the City of Portland providing that when the Council shall provide for making a street improvement the city shall be deemed to have appropriated the earth above grade and within the street lines for eaid improvement. An act to amend the charter of the City of Portland by inserting therein a new section to be known as section 383-a pro viding for the bonding of assessments for the improvement of streets and for the lay ing of sewers. An act to amend Section 407 of the charter of the City of Portland increasing the rate of interest to be charged on de linquent special assessments from the legal rate to the rate of 10 per cent per annum. An act to amend Section 421 of the charter of the City of Portland providing that the acceptance by the city of any local improvement be conclusive evidence that the same is done according to plans, specifications and ordinances of the city ; that warrants issued in payment for such work shall be valid obligations of the city, and that the statute of limitations shall not apply to such warrants or to any special assessments levied by the city. May Abolish Water Board. An act to abolish the Water Board, Park Hoard and Health Board by consolidating the same with the Executive Board; to make the principal and interest of un issued $3,000,000 water bonds and the cost of laying -water mains payable out of the water fund instead of by general or local assessment, by amending section 166 of the charter and articles 4, 5 and 6 of chapter 4 of the charter. An amendment to Section 22T of the charter of the City of Portland, as amended, authorizing the issuance of municipal bonds to provide for the construction of general distribution water mains lO inches In size, or over. An act to amend section 803 of the charter of the City of Portland, providing that the salary of the City Engineer shall be fixed by the Council upon the recommendation of the executive Board and shall be not less than $2400 per annum. An act to amend section 289 of the char ter of the City of Portland, providing that the salary of the Treasurer of the City of Portland shall be fixed by the Council and shall not ts less than $2400 per annum. An act to amend section 340 of the char ter of the City of Portland, providing that the salary of the City Attorney shall be fixed by the Council and shall not be less than $2400 per annum. One hundred and fifty thousand dollars of crematory bonds to be authorized for tho i ELMBURST The sale of lots nearby at from three to five times the prices asked by us, is stimulat ing sales in Elmhurst. Only a few lots left. All will be gone in a few days. Restricted dis trict. All improvements. Close in. Prices low. Easy terms. Make your selection in Elm hurst today. We will show you by automobile. i t American Trust Co. 200 CHAMBER OF COMMERCE Main 3143; A 1312 acquisition. Installation, Improvement and repair of Incinerating plants and their necessary accessories, for the destruction of garbage in the City of Portland, by an amendment to art i eta 8, chapter 7, of the charter of the City of Portland, by Insert ing therein a new section to be known as section 425. Two million dollars bridge bonds to be authorized to construct a high bridge across "Willamette River, from Broadway and Lar rabee streets on the EaBt Side, following the line of Broadway street extended west erly in Its present course to a point at or near its intersection with Seventh street on the West Side, by an amendment to article 6, chapter 8 of the charter of the City of Portland, by inserting therein a new sec tion to be known as section 118. All of the above titles will appear on the oficial ballot, followed by places where the voter may cast his vote "yes" or "no." It is said that danger of de feat exists as to all the proposed meas ures for the reason that many voters, when they see what confronts them in the way of reading matter before they can hope to know what they are voting for will say, "I'll just vote against them all on general principles." This, it is said, is the tendency in such cases. It will require more than 15 minutes for a good reader to peruse and com prehend the foregoing ballot titles. ALL SELL WELL. Every suit In our entire collection Is meeting with unstinted favor every body says: There Isn't a homely one In the entire line. $15. and $26. J. L. Bowman & Co., 5th and Alder. SHORT ROUTETO ST. PAUL The new Soo-Spokane-Portland line Is the short route to the Twin Cities. Try Its service de Luxe. The finest transcontinental trains now In use. Mass Meeting at St. John. There will be a mass meeting tonight at the First BajStist Church of St. John under the auspices of the Civic Federa tion Society. There will be a good pro gramme of addresses. Interspersed with music. A cordial Invitation is extended to all. Rockaway Beach lots $20 $5 down, $5 per month, no interest. C. J. Owen & Co., 414 Lumber Exchange. Free rent for the Summer to lot buy ers at Gregory Heights. It's money to you. See ad on page ll. EIGHED AMD FOUND C ii f . u . Suppose you were placed on an island upon which there were just two houses, belonging to two men, one of which was offered for sale at $20 a month for six years, and the other was offered for rent for $20 a month for life, which house would you take? One doesn't need a col lege education to answer that question, . and yet many who have college educations don't answer it as well as a little child could. "Why? Don't ask me. I don't know why people prefer to throw money away rather than invest it in a home where they get the dividends every day they live. And yet, we are converting many of them. It is slow and expensive work, but it is bringing them in. JMany of Portland's best citizens, active, energetic, ambitious people, who have grown tired of the landlord's lash and. his over bearing methods, have bought lots and are building homes in GREGORY HEIGHTS. Some of them are camping right on the ground, watching and waiting as their homes rise from the ground, and they are saving rent every day. Come out. Take a look at this splendid tract, and view the mountains, the river and the city. Inspect it on every side, and see if you can find such another proposition for the man who pays rent. See if you can find another as new tract in the city with as many homes, actually in course of construction. There's a reason. Ask about our FREE RENT OFFER to lot buyers. It's jnoney in your pocket. ' , ' Take East Ankeny-Rose City Park car to end of line, and don't be misled, but see a GREGORY HEIGHTS salesman. We GREGORY HEIGHTS BSP won't say all others are the Best Place lltejUMf imitations, but some are. for a Home. iNVIiSTnENTlcd.S1 LAND OPENING AT GOODING IN SOUTHERN IDAHO THE GOLDEN OPPORTUNITY OF SECURING A HOME of 5, 10 or 20 acres, where all kinds of fruit can be grown to perfection, such as apples, pears, plums, peaches and all small fruits and berries. 1200 acres of the Home Ranch of Ex-Gov. Gooding, adjoining the Townsite of Gooding, on the Main Line of the Oregon Short Line and the junction of the Idaho" Southern, which serves the great Twin Falls North Side Tract, will be offered for sale to Home-Makers only. UNDER CAREY ACT RULES ON MONDAY, MAY 17, 1909 This land will be sold on easy terms to the man who will improve it and build a home. Not a single tract of this land will be sold to the speculator, but only to the man who is willing to enter into a contract to cultivate it and build a home thereon within a year, and not mora than 20 acres will be sold to any one person. These tracts will be sold at prices ranging from $360 per acre for those adjoining the townsite to $200 per acre for those more remote. None of this land is more than one-half mile from the Idaho Southern Railroad, now being operated, and which will soon be turned into an electric line. A large portion of this ranch has been in alfalfa for the past 10, 15 and 20 years and is now in cultivation to sugar beets, alfalfa and grain. FIRST-CLASS WATER RIGHT WITH EACH TRACT Easy terms will be given, one-fifth cash at time of purchase and balance in ten annual payments, with inter est at rate of 6 per cent. DEPOSIT REQUIRED A deposit of $100 must be made with the Gooding Townsite Company before noon of the 17th of May by those desiring to participate in this drawing. If no selec tion is made money will be refunded. CHAS. T. MANNING REALTY CO. LIMITED GENERAL SALES AGENTS GOODING TOWNSITE CO., LTD. GOODING, IDAHO. PRINCE RUPERT, B. C. The Government of British Columbia and the Grand Trunk Pacific Railway, joint owners of Prince Rupert, will offer for sale by public auction at Vancouver, Brit ish Columbia, on May 25 to 29, between 2000 and 2400 lots, selected from different portions of the city. The terms of sale are one-quarter cash, balance one, two and three years at six per cent interest. Prince Rupert is the terminus of a mighty trans continental railway system in what is destined to be one of the greatest traffic routes in the world. Prince Rupert will command the trade of Alaska, the Yukon and the North. It will be the commercial outlet for the rapidly developing interior of British Columbia. It is the center of a great fishing and lum bering business. It is the coming city of the great North. For maps and all further particulars, write C. D. RAND, Agent for Government and Railway, Vancouver, B. C.