4 THE MORNTNG OKEGONIAN, WEDNESDAY, FEBRUARY S3, 1910. TOO FUST TRAINS iY LEAD TO JAIL Mr. Mohler Takes Issue With Harriman's Judgment in Merger Suit Trial- PATRONS ARE SATISFIED Vice - President Kriittsfclinitt, of Merged Systems, Defends Slower Time of Freight Train; Says Commodities Cost More. NEW YORK, Feb. 22. In the course of yesterday's hearing of the Government's suit to dissolve the Union Pacific-Southern Pacific merger A. L. Mohler, vice president and general manager of the " Union Pacific, described the development of the road during the past 10 years. He questioned the judgment of the late B. H. Harrlman as to the operation of trains bet-ween Council Bluffs and Ogtlen. "In. 1901," said Mr. Mohler, "wo moved some cars more quickly than we do now, but more of them more slow ly. The service Is better now and more uniform, and I think Is giving- more satisfaction. We could run a 64-hour freight between Council Bluffs and Ofrden if we sidetracked passenger and mail trains, j.but we would have to make 40 miles an hour, and It would be risky business in such a locality." Counsel pointed out that Mr. Harrl man was chairman of the executive committee of the road in 1901 and had the final say as to the movement of trains. "Tes, I know that, but I question his Judgment in this respect. But we cannot take the risks that used to be taken. If we did some of our offi cers might go to Jail," aid Mr. Mohler. Commodities Show Increase. Frank B. Kellegg took up today the cross-examination of Julius Krutt schnitt, vice-president of the Union Pacific-Southern Pacific system. Mr. Kellogg asked among other things about the list of commodities used by the merger system on which Mr. Kruttnchnitt had testified prices had increased. "Did you select for this list commodi ties upon which there had been large increases?" asked Mr. Kellogg. "No, I simply asked our purchasing agents to make a list of the principal commodities showing the differences in the prices paid," was the reply. He said there were very few things which had not advanced in price. Mr. Krutt schnitt defended the decreased speed of -certain 'freight trains on his system. "A. very small per cent of the public is dissatisfied," he declared. "The Un ion Pacific at times has operated under of the Pennsylvania, for instance, are nothing." Asked if the increase of approximate- ly 90 per cent In taxation on the merged ...systems' property in ten years, which ns nan testified to, represented the in creased value of the property, Mr. -''I wouldn't want to say as to that offhand. I would have to think it over before answering." :!. When Mr. Kruttschnitt quoted the In terstate Commerce Commission report Ah dividend averages and showed that. iLiiutrgn tiisj luiiaa tvciu paying a -iw per cent dividend now, the average of the Union Pacific for a ten-year period was 4.62. and on the Southern Pacific 1.9 per cent, Mr. Kellogg asked: "Would you undertake to say what portion of the stock upon which rail roads pay dividends is watered stock and what part actual capital invested?" Mr. Kruttschnitt answered, that he rather believed the Interstate Com merce Commission had disregarded watered tock in preparing its tabula tion of dividend averages. He said he understood four of the 10 per cent divi dends were paid on investments. ".Don't you know that the property was mortgaged for $100,000,000 Tor the purpose of purchasing other railroad properties and that Interest on this $100,000,000 was paid out of operating expenditures and charged before divi dends?" asked Air. Kellogg. "I believe our reports will show the facts, whatever they may be," said Mr. Kruttschnitt. "There has been no secrecy about anything that was done." ALBERTA ACTS ON DRAWS Improvement Association Protests Delay; Seeks Regulation At the meeting of the Alberta Im provement Association -Jast night in Baker's Hall. Kast Seventeenth and Alberta streets, the matter of vacating streets in Kast PortlaruJ for use of the O. R. & N. Co. was discussed, and while the requirements set forth by the East Side Business Men's Club were indorsed, no action was taken. . The ' question will, be . considered at another meeting.' It appeared to be the sentiment of the club that if these streets are vacated the Harriman lines should compensate the city fort them. . It was announoed that the petitions, asking the Council to provide 'a chemical fire engine for the "Vernon district, are being circulated and will soon be ready for presentation. Ae resolution Inviting the co-operation of other push clubs, to participate in a general movement to secure the regula tion of the bridge draws, was unanimous ly adopted. DEATH CAUSED BY HOLD-UP Shock Hesults Fatally to Mrs. C. A. Bates, Aged. 6 3. Mrs. C. A. Bates, aged 63 years, liv ing with her husband at 347 Seven teenth Btreet, died suddenly, yesterday afternoon at her home from cerebral hemorrhage. Death, it is thought, re sulted primarily from a nervous shock ssutained by Mrs. Bates a few weeks ago in Idaho, when she and her hus band were held up and robbed by high waymen while on their way to Port land in a prairie schooner. The old couple crossed the plains to Oregon in 1862. and, after living in the state until well advanced in years, de cided to go to Boise, Idaho, and once more make the trip by wagon to Ore gon and Portland. It was while on their way here they were robbed. Mrs. Bates never fully recovered from the shock, and yesterday's traglo cul mination to her life is the result. HENRY'S HOPE MAY FAIL Improvement of Thirteenth Street May Go On. Charles K. Henry yesterday afternoon liUd sviUi City Auditor Earbur a. reman Ml strance said to be signed by owners of SO per cent-of the property on Thirteenth, Fourteenth and Fifteenth streets, in North Portland, which were to have been paved with Belgian blocks at a cost of J150.O00 in a district improvement. He de clares this "kills" tlie work under the law, but in the Auditor's office it. was said he had failed to secure sufficient sig natures, or that some were defective, owing to the fact that agents for the property had signed without having filed powers of attorney. Incidentally, Mr. Henry took a fling at City Engineer Morris, who, he declared in a letter to Auditor Barbur, had insisted upon certain things against which Mr. Henry and others protested. Mr. Henry, in effect, said he felt he was being forced into allowing the improvement to proceed because the city officials thought he could not get the 80 per cent remon strance necessary to cause its defeat. "My sole objection to the Improvement was that on Thirteenth street there have been laid numerous switches." said Mr. Henry. "To tea? these up would not only cost an immense sum, but business along the street would be seriously interfered with. It is a wholesale street, with many large houses doing a big business, and it would not do to tie them all up indefi nitely as would have been done had the improvement gone through as planned." Regarding the Insufficiency of the re monstrance, as alleged by the Auditor's office, Mr. Henry declared he is certain he has more than enough signatures to stop the improvement, but added that he would take the matter Into the courts if the city should "become technical and try to force the issue. CLAY CLEMENT IS DEAD ACTOIt WEI.Tj KXOWX HERE DIKS IX KANSAS CITY'. After Closing Two Weeks' Engage ment, He Is Taken Suddenly Sick Expiring In Few Hours. KANSAS CITT, Feb. 22. Clay Ciement, actor, dramatist and writer of short stories, died at the University Hospital here at 10:50 yesterday morning of uraemic poisoning. , Mr. Clement finished a week's engage ment at a local theater Saturday night. He had not been feeling well, and de cided to remain here over Sunday. Dur ing the night it was found necessary to call a physician to the actor's apartments at a hotel. He grew worse rapidly, and early today was seized with convulsions. He then was hurried to the hospital, where the convulsions continued. Soon he became unconscious, and died 20 min utes later. The actor's wife was with him con stantly until a half hour before her hus band died. Then Dr. Beedle" insisted that she go to a hotel for a rest. She was asleep in the hotel when the end came, and was prostrated with grief when in formed of her husband's death. Mr. Clement and his -wife had been estranged for some time, it is said, until about two weeks ago, when a reconcili ation took place. The actor was engaged ifi writing three new plays when he died. Up to two years ago few actors were more familiar to Portland theater-goers than Clay Clement. He first came here about 10 years ago and played leading roles in stock with the old John F. Cordray Stock Company. With Li. R. Stockwell he brought a stock company of his own to Portland which was successful for a season. He came here many times afterward with traveling companies, his last appear ance being two years ago, just prior to the Marquam being changed to the Orpheum. Later Mr. Clement organ ized a small company and toured the Pacific Northwest. In addition to being an actor,, he was. . also accounted a good stage di rector, manager and a playwright of no little fame. "The New Dominion" was his most successful Rjay, and probably in the role of the German Baron in it he reached the highest point of 'his career. - It was accorded a big-success, and is still being played by stock companies. His latest play, "Sam Houston," founded on some of the stirring and romantic incidents in the life of the Texas hero of that name, the only president of the Texas Republic, was not a success. It was elaborately staged In New York, but failed to win popular approval. Mr. Clement was born in Woodford County, Illinois, December 31, 1863. He was graduated from the University of Chicago, afterward taking: up the study of law in Chicago. He made his stage debut in 1S84. His mother, a Mrs. Johnson, lives in a Portland sub urb. GORDON NEARER TO THIAL JUDGE KEXXAX AGREES TO HEAR CASE IX SPOKANE. Ex-Railroad Attorney Is Expected to Appear In Court Wednesday to Plead to Charges. SPOKANE. Wash., Feb. 22 (Special.) After months of delay and correspond ence with Governor Hay, in an effort to select a Judge outside of Spokane County to try the embezzlement cases under which Judge M. J. Gordon was Indicted by the grand jury last year. Judge Henry Li. Kennan this afternoon announced from the .bench that he had decided to try the charges against the ex-railroad attor ney, himself. Gordon was represented by counsel in court this afternoon, when motions were made by the defense to quash six indict ments charging embezzlement. The mo tions were made on the ground that the state had failed to begin prosecution of the cases within 60 days after the indict ments were returned. On. a showing of the prosecution, however, that the delay was caused because the court, by previous agreement, had not passed on motions submitted to it, the motion was denied. Judge Gordon, it was announced by the defense, would appear in Judge Kennan's department of the Superior Court Wed nesday morning to plead to the charges against him. It is expected that the cases will be set by the court to be heard early in March. The motion of the defense today was made to preserve the records in the case, counsel admitting that he did not expect the court to act favorably. GOTHAM IS MAKING READY Republican Club Prepares to Re ceive Theodore Roosevelt. NEW YORK, Feb. 22. Plans for the reception of Theodore Roosevelt on hie return were discussed by the Repub lican Club tonight. The co-operation of Mayor Gaynor, as chief executive of the city, will be sought, and Collector Loeb was Instructed to call upon him for that purpose. Robert C. Morris, president of the club, and Collector Loeb have forward ed a tentative plan to Mr. Roosevelt. A cablegram in reply is expected as soon as the ex-Frssideuf reaches Khartoum, 1 if M LUONSWASTED YEARLY'-AiDRIGH Senator Says He Can Run Government $300,000,000 Cheaper Than Now. URGE REFORM COMMISSION Plan Is Broached in Senate Speech In Answering Dolliver Dupli- " cations Cited Money, '.Carter, Brlstow Are Against Plan. WASHINGTON. Feb. 23. Senator Ald jrfch said yesterday that if permitted to do so he would undertake to run the Government of the United States for $300,000,000 a year less than 'it now costs. , He was not presenting a formal pro posal, but was making a" speech . in the Senate on the question of creating a commission to reform the business methods of the Government. He said the methods were obsolete and invol'-ed the annual loss of at least $100,000,006. At his instance the bill was so amended as to provide that the commission should be composed entirely of members of Congress five Senators and five Representatives. Mr. Aldrich spoke in reply to Sen ator Dolliver, who opposed the bill on the ground that it would create sus picion in the minds of the public as to the methods of conducting' the Gov ernment's business, Mr. Dolliver said he feared the com mission would accomplish no good, but much evil. He regarded the bill as a proposal to enter upon a "blanket disparagement of the Government." He declared the commission would cost not less than $300,000, and he said he thought there were too many commit tees already. "I know that the Executive depart ments are taking much interest In us these days," he said. "We have fallen on times when much interest is taken by the departments in the details of legislation, but I do not know whether the object of the pending bill is retalia tion or reciprocity." Mr. Aldrich said he did not desire to serve on the proposed commission. He spoke at length- of the duplication of the work of the various departments. He did not doifbt that 10 per cent of the pres ent expenditures could be saved by a commission. Mr. Money regarded as most serious Mr. Aldrich's admission that $300,000,000 a year was being wasted. He agreed that there should be a commission, but he did not believe it should be composed of members of Congress, for ho had little faith in mixed commissions. KANSAS SOLON BACKS HEYBIRS Scott, Too, Opposes Sending Army Tents to Confederate Reunion. WASHINGTON. Feb. 22. Like Senator Heyburn, Representative Scott, of Kan sas, objected to the proposition of the Government rending a number of Army tents for the.. Confederate Veterans re union at Mobile in April. The measure, following favorable action upon it by the House committee on mili tary affairs, reached the "unanimous con sent" calendar and when an effort was mads to obtain consideration for it today in the House,' Mr. Scott objected and it went over until Wednesday, when It will be brought up in regular order. Mr. Scott said his objection was due to the attitude of his constituents who were opposed to it. It is known that the G. A. R. is very strong in Mr. Scott's district. CANADA MAY BE TIED DP EMPLOYES OF RAILROADS TAKE VOTE OX STRIKING. Concessions Refused Conductors and Trainmen and Several Roads Are Threatened. BALTIMORE, Mr., Feb. 22. President Garretsoa, of the Order of Railroad Con ductors, and President Lee," of the Broth erhood of Railroad Trainmen, today af firmed the correctness, of .a. New York dispatch and contradicted the statements of the railroad officials contained in a dis patch from Montreal regarding revision of wages on the Canadian lines. Speaking for both the Brotherhood leaders, Mr. Lee declared that efforts had been made to obtain satisfactory wage concessions from the- Northern Pacific, from the Grand Trunk and from the To ronto. Hamilton & Buffalo, but these at tempts had failed. He said that the train men on those roads throughout theiren tire length were being polled on the ques tion of a strike.. The negotiations, he said, fell through about February 11. The vote is returnable February, 28 and will be canvxassed at Toronto. The conductors and trainmen of the Bal timore & Ohio road in conference here to day, rejeoted the company's counter proposition and the latter took the matter under advisement. CHARLES WENT TAKES ACID Reduced to Poverty by Dissipation, Bartender Commits Suicide. Despondency caused by the reckless expenditure of a small fortune left him by his father, Charles W. Went, 33 years of age, a bartender ended his life by swallowing an ounce of carbolic acid in the Laue-Davis drugstore at Third and Yamhill streets at 8 o'clock last night. He died a few moments after he swallowed the fatal draught. Deputy Coroner Dunning was notified and removed the body to the morgue. Four years ago Went Inherited from his father. John Went, a saloon-keeper at .Union avenue and East Washington street, $3500 'in cash, besides several tracts of real estate. Young Went dis sipated the fortune. His brother, John T. Went, la a wealthy ranchowner at Backus Landing;' Wash. He came to the city yesterday on business and was told of Charles Went's tragic demise as he was preparing to meet the man. Went was unmarried and was af filiated with the local aerie of the Or der of Eagles and the Bartenders League. Capital formerly Invested In buildings at Messina is calculated at ahout lrt.000.000, at Reiisio at 10.0iK.0OO. The greater part of this is irrevocably lost. Subterranean streams of water have -been detected by sound by a French instrument, known as the "acoustele." with which the Belgian Society of Geology, Paleontology and Hydrology is said to have made ex tensive eiprlmeots. voviaT wfct a Mes You will find our Suit and Over coat Sale a great comfort these last cold wintry days. Don't shiver and feel uncomfortable when you can buy $15.00 $16.50 $18.00 Suits Overcoats and Cravenettes for LION CLOTH 166-170 THIRD STREET TRADE IS STIFLED, ARGUES LAWYER Coal Trust Is Put on Trial in Federal Court in Phila delphia. INJUNCTION IS PRAYED FOR Monopoly of Carrying Trade From Mines to Seaboard Is- Assailed by Prosecution Who Speaks for Five Hours in Court. PHILADELPHIA, Feb. 23. Standing In the United States Circuit five hours today, James C. McReynolds, special asiRtant to the United States Attorney Oeneral, unfolded the alleged iniquities of the eo-called anthracite coal trust and charged that seven of the nine coal-carrying- railroads entering the hard coal fields of Pennsylvania are In a conspiracy to stifle trade. On behalf of the Government he asked the court to Issue an injunction to break up the alleged monopolistic control of fuel and also pleaded that the acquisitions by some of the railroads of stock in competing railroad and coal companies be declared in violation of the Sherman anti-trust law. Mr. McReynolds laid great stress upon the part the Temple Iron Com pany has 'played in the coalfields, de claring that Its organization clearly showed a conspiracy among the coal roads to control the anthracite trade to tidewater at New York. When Independent mining companies, tiring of high freight rates, proposed building an independent railroad to New YorkGovernroent counsel said the Temple Iron Company, a small concern with a limitless charter In Pensylvania, was purchased by the anthracite coal carrying roads, they taking stock in proportion to the quantity of coal handled by them. The Temple Com pany in turn acquired the largest of the independent mines and the proposed railroad to tidewater was never built. This act, Mr. McReynolds said, was one step in the alleged soheme to stifle in terstate commerce in the coal trade. He also told of the acquisition by the Reading Company, a holding concern, of the Reading Railway and of the ac quisition by the Reading Company of the Jersey Central Railway, a compet ing line to New York Harbor, which, in turn, owned the Lehigh & Wiikesbarre Coal Company. This Reading-Jersey Central combination, he said, owned 63 per cent of the unmined coal In the an thracite regions, and Its formation was another step In the conspiracy. Mr. McReynolds will conclude his argument tomorrow. Prosecution of the coal trust was be gun under the Roosevelt administra tion. ' MR. CUNNINGHAM HERE DISCOVERER OP ALASKA COAL TELLS HOW HE DID IT. Refusing to Discuss Balllnger In quiry, Alaska Pioneer Re lates Adventures. Clarence Cunningham, discoverer of the coal lands in Alaska, which precipi tated the charges now being investi gated by a Congressional committee, spent a few nours in Portland last night en route to Seattle. As mild-mannered a man as ever was, Mr. Cunningham talked freely of every thing in the world but the Investiga tion of the charges preferred by Glavls against Secretary of the Interior Bal llnger. "I do not understand that the lo cators of the so-called Cunningham claims are being investigated at this J time," said Mr. Cunningham. "We y Congressional committee is dealing H solely with an attack upon air. Hal linger. I have not been served with a summons to appear before the com mittee, nor have any of the locators of the coal lands. Should we be asked to appear, I personally would wish to await the return of my attorney, who is now in Europe. "We have had our troubles with the Interior Department, and most of the locators testified hefore the Commis sioner at Seattle nd Spokane. I am expecting to give my evidence when asked to appear. "It la probable- tint wh&a tha time Jlllll :lN&TVM is! -3 MJJim :. comes GlavSs may fall from his high position as 'the conservator of the pub He interests, and the tag which he pinned to himself labeled "the only honest American' may have to be di vided among a few others. Some day the people will know the whole story. I can't talk about it until that time comes." Mr. Cunningham told the story of how he became interested in the Alaska coal fields, how he had suffered ship wreck when the Oregon and the Ohio went down, and of the tortures of a night spent at sea in an open boat while traveling to and from the coal discoveries. "A brother .of mine first Invested In a grubstake -'to a bunko steerer, who reported finding the coal and returned with samples of coal and oil. He had secured about $1200 from my family before I heard of it. I then went in to Investigate the matter myself and after being guided in the wrong direction by our prospector and in every manner ob structed, I gained.-a confession that the man had never seen the great veins which he described. Getting rid of him I pushed In with Indians and found the coal lands as the same Indians had described them to the man who was pretending to have made the discov eries. Others Joined me In an attempt to locate and develop a coal supply which is available to the Pacific Coast. ThatWs the whole story." On one of his trips the party was blown out to sea and passed 24 hours in a struggle for life. "I never bailed as much water before in my life," said Mr. Cunningham, "and the next day the wind shifted and blew us back to land." The Alaska coal baron was in con sultation last night with ex-Governor Miles C. Moore, who is en route to California for hia health. Tlie ex-Governor is largely Interested in the coal fields. GAMBLING T0BE LEGAL? Vancouver Council Considering Or dinance to License Cardrooms. VANCOUVER, Wash., Feb. 22. (Spe cial.) As a result of the raids Satur day night on three poolrooms in which many pairs were arrested for alleged violations of the anti-gambling law, an ordinance was introduced this evening at the Council meeting to license and regulate pool and card rooms. A fee of $10 per quarter is provided. Any violations are punishable by a fine of not more than $100, or 30 days' im prisonment. j Spring ""alley Whisky, $2.95 gallon. Spring Valley Wine Co.. 244 Yamhill. Is This Fair? Certain Proof Will Be Made That Stu . art's Dyspepsia Tablets Cure Stomach Trouble. A. Trial Package Sent Free. Stuart's Dyspepsia Tablets are made to give to the system, through the digestive tract and the stomach, the necessary chemicals not only to digest food, but to enrich the fluids of the body so that it may no longer suffer from ' dyspepsia or other stomach trouble. i We will send you a quantity of these tablets free, so that their power to cure may be proven to you. Thousands upon thousands ofpeople are using these tablets for the mi and cure of every known stomach disease. Know what you put Into your stomach, and use discretion in doing so. Stuart's Dyspepsia. 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