THE MOIt:rnNG OEEGONIAN, WEDNESDAY, MARCH 16, 1910. 3 . . . . . . - FOREST SERVICE CURBED BY COURT Department Is Forbidden to Prosecute for Violation of Regulations. SHEEPHERDER WINS CASE California Judge Is Upheld for Sus taining Demurer of Two Men In dicted for Grazing Flocks Within Sierra ForeeU OREGONIAN NEWS BUREAU, Wash ington, March 15. Under a decision of the Supreme Court handed down yester day the Forest Service will no longer be permitted to institute criminal proceed ings apainst persons who violate its reg ulations governing forest reserves. By a vote of four to four, the court sus tained the action of Judge Welborn, of Southern California, who sustained the demurrer of two men indicted for graz ing sheep on the Sierra forest reserve without permit. Judge Welborn held that the law au thorizing the Secretary of Agriculture to make regulations for the administra tion of forest reserves Is unconstitutional In that it attempted to delegate legisla tive authority to an executive officer and empowered such officer to create a crim inal offense. Forest Service officials have not yet bien advised of this decision, but It is leir opinion that the decision of the ,ourt merely prohibits them instituting Timinal prosecution against persons who violate their regulations. it is their in dention to continue their regulations in effect and to continue to charge a fee for grazing within reserves. Just how they expect to enforce their rrders, in view of this decision, is not made plain. Jf they find themselves helpless they probably will appeal to Congress to enact their regulations into law. PRESIDENT SEXDS POll JONES Tells Washington Senator He Wants Ilaili-oad Bill Passed. OREGONIAN NEWS BUREAU, Wash ington, March 15. President Taft today pent for Senator Jones, together with Senators Brown and Burkett.' to discuss with them his desires In the matter of railway legislation, and to urge them as best he could to support a rational bill which carries out the main reforms to which the party is committed. He made it plain that he is not wedded to any particular measure, is not insist ing upon the passage of the Elkins bill without amendment, but is willing to defer to the judgment of Congress as to details. He is desirous, he said, that a bill should be framed and passed by Republican votes, so that credit for its enactment will not have to be divided with the Democrats, and he urged all three Senators to lend their efforts to help attain this end. Washing-ton Bills Pass. OREGONIAN NEWS BUREAU, Wash ington, March 15. The Senate today passed Senator Jones' bill permitting the Okanagon Electric Railway Com pany to bridge the Columbia and the Okanogan Rivers. The Senate also passed Senator Piles' bill permitting Seattle to purchase 16.000 acres of land at, $1.25 an acre to protect its water supply. JURY GETS DEPOT CASE Verdict Delayed in Suit to Recover Penalty Prom Railroad. ALBANY, Or.. March 15. (Special.) The case of the State of Oregon vs. the Corvallis & Eastern Railroad Com pany to recover a $10,000 penalty for an alleged failure of the company to comply with an order of the State Railroad Commission went to the jury at 2 o'clock this afternoon. No ver dict had been reached after eight hours' deliberation. The main question before the jury is whether the company complied with the commission's order to erect a suitable depot at Lyons by constructing a depot out of two old cars. SHIP CLOSELY SEARCHED Customs Officers Look for Contra brund Opium in Seattle. S3ATTLE. March IB. Every movable thing on the Great Northern liner Min nesota is being shifted and every crevice and hiding place peered into by customs officers in their search for opium. Thus far $4KO0 worth of the drug has been found. No arrest has been made. The Chinese crew affect the utmost In difference, and seem to know nothing about the opium. The stuff is high class; reflned in Hongkong, and the profit is so great on opium that gets into Amer ica that the Hongkong smuggling syndi cate can well afford an occasional loss. The seized opium is burned in the Se attle Gurbage Crematory. CITY SAVES WOMAN LEPER Purchases Property, Will Build- New Home and Allow Income. AIKEN, S. C. March 15. Miss Mary V. Kirk, who has been quarantined at her residence in this city for 16 months, alleged to be suffering from leprosy, con tracted while a missionary in Brazil, three years ago, will be removed to a cottage to be erected for her by the City of Aiken in a secluded locality. The City Council has decided to pay "Mips Kirk for her city .property, build her the new home and allow her a speci fied sum monthly. MEDIATION HALTS STRIKE (Continued from Paire 1.) will be none. Settlement of the whole controversy by madiation and arbitra tion is assured." TRAVELERS NOT WORRYING Employes of Roads, However, Art Concerned In Outcome. Travelers, apparently, are not looking upon the. threatened strike of the loco motive firemen with a great degree of alarm, according to the general agents along Railroad Row in Portland. There has been no diminution in travel In an ticipation of a tie-up of the roads, it is declared. The only thing that will affect the volume of travel, say the ticket agents, will be definite announcement of a strike. If this date should be an nounced several days ahead, there will likely -be a big rush in travel for the few days preliminary to the strike. Every man in the West whose home is in the East will want to get there before the trouble begins, and vice versa. Employee of the roads, even to the clerks in the offices, are strongly in terested in the result of the negotiations for a settlement of the trouble. It is recalled that In 1894. during the engineers' strike, about 150 clerks In the O. R- & N. offices were laid off for a time. This was when the road was in the hands of a receiver and it was also afflicted by ex tensive washouts in addition to strike troubles. It is conceded that after the switch men, brakemen and those actively en gaged in operating, trains, the employes in the local freight and ticket offices would be the first to suffer from a pro longed tie-up of the railroads. Employes In the general offices would come last, as there is generally an accumulation of work that must be disposed of. However, the railroad heads do not con cede that there will be a tie-up of the roads even if the firemen strike. Efforts will be made to operate trains and there will not likely be any cutting down of forces unless operations are seriously im peded for a period 'of considerable length. SITUATION DILEMMA TO ROAD Santa F Head Says "They're Be tween Devil and Deep Sea," SANTA BARBARA. Cal.. March 15. "The railroads are between the Devil and the Deep Sea in dealing with the Brother hood of Firemen," said E. P. Ripley, president of the Santa Fe today. "We can't grant the firemen's demand for an increase without throwing the burden on the public and we are not allowed to do that like every one else does I mean we cant raise freight rates to meet a higher wage scale." PAULHAN OFF IN HUFF AVIATOR DISGUSTED WITH LEGAL TROUBLES HERE. Injunction Obtained Prohibiting Hint Prom Taking Away His Four Machines, NEW YORK, March 15. "I am ready and glad to leave this country," de clared Louis Paulhan, the aviator, to day, in reiterating his declaration that he had made his last flight in America and would return to France by the first steamer. Disgusted with patent infringement suits, Paulhan seemed to be in much the same frame of mind as Henry Far man, the other foreign aviator who went back to Europe in a huff after a series of unsatisfactory exhibitions here in the Summer of 1908. Paulhan packed up his machines and prepared to leave, despite every effort which his manager, Edwin Cleary, made to Induce him to stay and com plete his contract. Cleary obtained an injunction today prohibiting Paulhan from taking with him any of the four aeroplanes he brought to this country. There are two Bleriot and two Farman machines. With his craft tied up and Cleary threatening a damage suit for $150,000, friends tried to persuade the French man to reconsider his decision, but he was obdurate and is determined to sail Thursday. FREEDOM WILL BE BRIEF HOLDUP MAX TO BE RE-ARRESTED OX FEDERAL CHARGE. Accusation That A. B. Smith Threat ened Bunker Through Maito Will Be Pressed. SALEM, Or., March 16. (SpeciaJ-v When A. B. Smith, ordered set free to day by the court, is released from the County Jail, United States Marshal Reed, of Portland, will be on hand to take him to Portland to be tried by a Federal Jury on the charge of misuse of the mails. Before Smith held up the Hinges jew elry store, for which offense he was tried and convicted, it is alleged he sent several letters through the malls treatenlng to kidnap the daughter of A. Bush, a banker of Salem, unless Bush placed a large sum of money in a certain place at a certain time. Smith was convicted in the Marion County Circuit Court last October, Judge Burnett presiding. He received an indeterminate sentence in the Peni tentiary. The case is reversed by the Supreme Court on the ground that the law under which he was indicted had been repealed by a law passed by the last Legislature, and that his sentence therefore was ex post facto and void, being in violation of state and Federal Constitutions. IDAHO RECALL BREWING LEWISTON MATT INVOKE LAW OX MAYOR AND OTHERS. Council Is Told Step Will Be Taken Unlean Water, Street, Police, . Fire Changes Are Made. LEWISTON, Idaho, March 15. Spe cial.) Aa a result of dissatisfaction with some of the city departments, a movement has been started to circulate a recall petition unless the alleged weaknesses . are remedied. The case has been brought before members of the Council In such a man ner as to leave no doubt of the inten tion of invoking recall proceedings un less changes in some of the depart ments are made. The administration has been com mended on the efficiency of some of the departments, while in other cases charges have been made to the effect that the appointees seem to be unfit for the positions in which they have been placed by the Council. The recall movement is directed against Mayor Tweedy and members of the Council in charge of the water, street, police and fire departments. i George W. Cow-gill Dies In South. PHOENIX, Ariz.. March 15. (Spe cial.) George W. Cowgill, for three years secretary of the Phoenix Board of Trade, died today of consumption. He came to Phoenix five years ago from Los Angeles, to which city his body will be taken Friday by his widow for burial. He was 88 years old. For many years he lived at Spokane, Wash. He came south for his health. STANDARD SCORED AS TRADE MENAGE Government Attorney Argues That Oil Company Should Be "Erased" From World. COURT'S QUERIES INTEREST Attorney-General Wickersham to Close Ca6e for Prosecution To - day Portland Situation Cited. Branches Called Bogus. WASHINGTON, March 15. Holding up the Standard Oil Company of New Jersey as a danger to the country and its organization as a commercial precedent that should be erased from the business world, Frank J. Kellogg today arraigned the corporation before the Supreme Court of the United States. It was the Government's turn to be heard in the argument over the disso lution of the company, as decreed by the Circuit Court of the United States for the Eastern District of Missouri. Except about 20 minutes that John G. Milburn consumed at the beginning of the sitting in the conclusion of his opening address and about an equal length of time occupied by D. T. Wat son at the close of the day, both in defense of the Standard Oil, all the time was taken up by Mr. Kellogg. He gave a history of the Standard Oil and its activities, with frequent com ments on the law of the case. He seemed inclined to leave many of the legal points for discussion by Attorney-General Wickersham, who is to close the case forVthe Government to morrow. Particularly was this true of the point of common ownership of Standard Oil property urged by the defense to have existed both before and after the organization of the al leged illegal combination in 1899. Court Asks Questions. Time after time the court manifest ed its keen interest In the case by sub jecting counsel to a series of queries. The judges were particularly anxious to know about the common ownership asserted by the Standard Oil and to get the various interpretations of the meaning that should be given the word "monopoly," as used in the Sherman anti-trust act. The day brought out a sharp conflict of purposes between the Government and Standard Oil. Mr. Kellogg, on be half of the Government, dwelt upon the activities of the corporation to prove an intent to monopolize. On the other hand, the Standard Oil counsel contended that such subjects were not before the court for review. Mr. Kellogg charged that the Standard Oil, since its pipe lines had been made common carriers, had established deliv ery stations at "outlandish places where nobody ever had a refinery." Their rates were prohibitive, counsel said, and that was the reason applications to use the pipe lines had not been made by inde pendents. Railroad rates, as a means of unfair competition, were next considered. He spoke of the number of Standard Oil officials in many railroads. Portland Situation Mentioned. From the railroad question he returned to what he called the unfair methods of competition. As an example he told of the Standard selling oil at a loss in Los Angeles, where there was competi tion, and at a profit In Portland and Seattle, where there was no competition. "They may say that is only compe tition, but we say it Is competition that is dangerous in the hands of a corpora tion spreading all over this country," declared Mr. Kellogg. Alleged bogus independent companies organized by the Standard were likewise classed as dangerous to competition. The 20 minutes occupied by D. T. Watson for the company were devoted to the argument that the only thing the Circuit Court below held to be In viola tion of the Sherman anti-trust law was the combination of 1S99. He maintained no other point was before the Supreme Court and, as he described it, "the things Mr. Kellogg has spent three fourths of his time talking about have nothing to do with the issue." The plan tonight is for Mr. Watson to continue his address when court meets at noon tomorrow. -He Is to be followed by Mr. Wickersham for the Government, while John J. Johnson is to close at the end of the day for the corporation. STRIKE HALTS U. S. WORK Federal Officials to Intervene In Bethlehem Steel Strike. WASHINGTON, March 15. The Gov ernment proposes to intervene in the Bethlehem Steel Company strike, where a large number of men have been out for four weeks. An official of the De partment of Commerce and Labor will arrive at South Bethlehem, Pa., tomor row and will go over the situation care fully. Investigation of the strike was prompt ed partly by the fact that the Govern ment has large steel contracts with the Bethlehem Company and it has been said that the strike has delayed Govern ment work. In a statement issued by the strikers recently, which purported to come from one of the clerks of the Bethlehem Com pany, the amount of the Government work on hand in South Bethlehem was given as $40,000,000. -This was said to consist principally of armor plate, steel armor-piercing shells, gun mountings and large castings of parts of the turrets of the battleship Florida, ELECTRIC TRUST IS PLAN Merger of Westinghouse Will In volve $150,000,000 Capital. PITTSBURG, March IS. On what it as serts is trustworthy authority, the Pitts burg Dispatch announces this morning that negotiations are pending looking to a coalition of the Westinghouse Electri cal and Manufacturing Companies with the General Electric Company. If it is achieved America will have another trust with a combined capital approximating $150,000,000, says the Dispatch and contin ues: "A Pittsburg stockholder in the West inghouse concern asserted positively yes terday that he had received dispatches from New York informing him that one of the members of the firm of Kuhn, Loeb & Company, the Wall-street bank ing house who were sponsors for Mather, stated it as a settled fact that the merger of the Westinghouse Company and the General Electric Company Is merely a question of a short time." Demonstration of La Vida and W. B. Corsets SPECIAL at wmi S00O yards of printed batiste in one hundred different patterns, on white and tinted grounds. Choice of colorings and designs is immense and includes neat figures and floral patterns. The material is sheer and dainty; will make ideal Summer dresses. Today on the bargain counter you will find this new Printed Batiste marked special at 10c yard. END NOT IN SIGHT Efforts to Arbitrate in Phila delphia End in Failure. . LABOR ISSUES NEW CALL Unions Throughout State Urged to lie In Readiness for General Strike Already Authorized by the Federation. PHILADELPHIA. March 15. "The conferences with George H. Earle have not resulted in 'any plan or suggestion for the settlement of the carmen's strike, and negotiations are therefore to be considered ended," was the offi cial statement issued tonight by the general strike committee of ten. President E. E. Greenawalt, of the State Federation Of Labor, tonight is sued a call to labor unions in the state to take a general strike vote and hold themselves In readiness to respond to a call for the state-wide sympathetic strike authorized by the recent con vention of the State Federation at Newcastle. Some Desertions Reported. There was no change in the general situation today. There were several desertions in the strikers' ranks, but these, it was stated by the labor lead ers, were more than counterbalanced by accessions. At the conclusion of the conference Mr. Earle, who is the city's represent ative on the traction company direc torate, said: "Nobody's position has been changed. Nor is there immediate prospect of set tlement. This discussion, however, was carried on in the very best spirit, and I think each side now fully appreciates the position of the other. Company Firm on Point. "The union wanted all the men not only taken back, but placed on their former runs. Mr. Kruger stated as definitely as he could yesterday that this would involve a breach of faith with the men who had remained with the company and the company would never agree to the demand." W. D. Mahon, president of the Amal gamated Association, who represented the carmen at today's conference, it is said, insisted upon the re-employment of all striking carmen. PARTY'S PLEDGES KEPT SPEAKER CANNON ASKS PUB LIC'S IiOYAU SUPPORT. That Republicans May Carry Out Outlined Policies Backing of People Is Necessary. SPRINGFIELD, 111., March 15. Har mony was the keynote of the annual convention of the Illinois Republican Editorial Association, held in this city and attended by about 100 Republican editors outside of Chicago. , The speeches and the resolutions all asked for harmony in the party and support of the party caucuses, as necessary to party success. Congressman Charles E. Fuller, of Belvidere, made an address eulogizing President Taft and Speaker Cannon. A telegram from President Taft and let ters from Senator Cullom and Speaker Cannon were read. uovernor Deneen made a strong plea for party fealty. - Speaker Cannon. in a letter read at the meeting renewed his attack on the "Insurgents," and declared that all the pledges of the platform will be kept by the Republican party, if it has the con tinued support of the people. The let ter Is addressed to George C Rankin, and says in part: Support of People Asked. "The Republican party has not dis carded any of its principles, nor has It sought new issues simply for the pur pose of catching the crowd ever ready for novelties. Where it has added a new plank to Its platform, it has kept its pledges. Republican majorities in House and Senate, co-operating with the President, placed the Payne tariff Vaw on the statute books August 6, or JrateKJ Ml SALE HI WEDNESDAY 25c Kolorene for coloring hats black, brown, green, blue, . . lii Lavender for destroying moths.. IOC Package Cedar Mothene 10t 10c Chloride Lime 8j 25c Petermon's Discovery ...... 19c 25c bottle Witch Hazel 18t Bath Violet Ammonia Z3e 25c Squfbb's Pure Spices 19e 50c bottle Vanilla, Lemon Ex tracts .35e 15c Toothbrush Holders lie 25c Toothbrush Holders 17e 15c Towel Rods lOc 50c Nickel Towel Bars 35d 60c 21-inch Towel Bars 40e 60c 24-inch Towel Bars 50 65c Tub Soap Dishes 48G 60o Tub Soap Dishes 45c 50c Mission Tumbler Holders. .. 294 40c Holland Style Tumbler Holders. 23c 15c Wardrobe Hooks IOC 65c Tumbler and Toothbrush Holders 49e 50c Bath Brushes 39 Bath Brushes, Owl Sale Price.. 65C 15c Hand Scrub Brushes 8 20c box Toilet Soap. 3 cakes. Owl Sale 2 boxes for 2Sc Toilet Soap, Owl Sale a box. . . .ZaC 25c box Sw.eet Violet and Rose Toilet Soap 19 within less than five months from the beginning of the session. "Within six months after its enact ment that law had demonstrated that it is the best revenue producer as well as the most scientific adjustment of pro tective duties we have ever had. The Republican party did not promise a free trade tariff, not a downward revision, but a revision in which should be rec ognized the principle- of protection, with the minimum and maximum rates, to preserve without excessive duties that security against foreign compe tition to which American manufactur ers and producers are entitled, and also to maintain the high standard of living of the wage earners of this country, who are most the beneficiaries of the protective system." After a recapitulation of tariff changes and resultant revenues, the let ter continues: "The present Congress in regular ses sion has been more energetic and more successful in carrying forward the work before it than has any other Congress in recent years. "The committees have been giving most careful study to the number of billB to amend the Interstate Commerce law and other legislation promised in the Republican platform, and I think I can safely predict that this legislation will be added, while all the pledges of the platform will be kept by the party If it has the continued support of the people." In closing the letter, he declared that it is the function of the Republican editors to keep the public informed aa to work accomplished, "that the people may fairly Judge as to the fidelity of the present Administration to the prin ciples of the party that gave it power to the end that the President may con tinue to have the support of the Leg islative Department in working out the policies of the Republican party." BRIDGES TO BE REBUILT Whitman County Orders Span for Colfax and Pullman. COLFAX, Wash., March 15. (Special.) Whitman County Commissioners Rup ley, Ellis and McCoy, in session today, let contracts to A. Valk for three bridges at $5998 each, two on Main street, in Col fax, the other on Grand street. In Pull man. Each is to be 116 feet long, with tubular piers. Next month the Com missioners will accept bids for five steel bridges. All these spans are to replace those taken out during the recent floods. The Colfax City Council, in session Monday, decided to macadamize all of Main street, at a cost of $3.50 per front foot. Macadamizing of Mill street will also be taken up at once and Colfax will soon have better streets than before the flood. Work has been progressing rap idly and the city is fast losing the ap pearance of a flooded tow PICTURE FRAMING FOR II Misses' & Little Women's Suits $25 Late arrivals have added to our already large stock of pop ular misses' and little women's suits. In no previous season have we shown as complete an assortment and as varied a col lection as this year. Unlike most suits shown for girls these are not women's suits made in small sizes, but are distinctive styles, cut on youthful and girlish models. Jaunty jackets and dashing skirts. Materials also bear the stamp of refinement and taste. We want you to see these new suits, for we have made a specialty of them this Spring. Of course we need not add that the linings, trimmings and fit are perfect. That goes without saying. NEW SPRING iELLARD SUITS Popular New Crepe Night Robes NEW CREPE NIGHT robes. Slip over styles with dainty em broidery edges. Beading and ribbon on neck and sleeves. Price $2.25 SLIP OVER CREPE NIGHT robes. Circular neck, cluny lace edge with beading and ribbon trimmings on neck and sleeves. A very pretty model. Price $2.25 UKiif IN iuni uiiCa in a most attractive slip over style with "V" shaped neck, wide lace, ribbon and beading trimmings. Price $3.00 Foulard Frocks And will grace many an informal occasion this Spring. Will be seen almost universally, in fact, for street and house wear. We have prepared for the inevitable demand by secur ing a selection of patterns that will delight all those in search of something distinctive. Our imported French foulards are all ex clusive designs and include large scroll effects, Jacquard figures and intricate small patterns, so greatly favored. Our showing of new domestic foulards is the greatest in variety of patterns we have ever shown. Prices range from $1 to $1.25 Demonstration of Miss White, an expert cor setiere from New York, is demonstrating W. B. and La Vida Corsets at our store this week. Miss White is not a saleswoman. Her mis sion is different. Miss White is like a physician to a pa tient, not like a druggist. Miss 'White points out to you by demonstration how properly to corset yourself in a becoming, graceful fash ion, without harmful or un comfortable results. La Vida Corsets are cus-tom-made stays. They are made by hand one by one with the exquisite perfection L of detail which characterizes the highest class of custom corsets. This re sults in a perfection of fit never before at tained in a ready-to-wear corset. NOT ONLY THE INDIGESTION BUT ALL STOMACH DISTRESS VANISHES Take a Little Diapepsin Now and Your Stomach Will reel Fine Five Minutes Later. If your meals don't fit comfortably, or you feel bloated after eating and you believe it is the food which fills you; If what little you eat lies like a lump of lead on your stomach; if there is difficulty In breathing after eating, eructations of sour, undigested food and acid, heartburn, brash or a belching of gas. you can make up your mind that you need something to stop food fer mentation and cure Indigestion. To make every bite of food you eat aid in the nourishment and strength of your body, you must rid your Stom ach of poisons, excessive acid and stomach gas which sours your entire meal interferes with digestion and causes so many sufferers of Dyspepsia. CAMERA EXHIBITION ' II Greatly Favored W. B. Corsets Sick Headache, Biliousness, Constipa tion, Griping, etc. Your case is no dif ferent you are a stomach sufferer, though you may call it by some other name; your real and only trouble la that which you eat does not digest, but quickly ferments and sours, pro ducing almost any unhealthy condition. A case of Pape's Diapepsin will cost fifty cents at any Pharmacy here, and will convince any stomach sufferer five minutes after taking a single dose that Fermentation and Sour Stomach is causing the misery of Indigestion. No matter if you call your trouble Catarrh of the Stomach, Nervousness or Gastritis, or by any other name al ways remember that a certain cure is waiting at any drugstore the moment you decide to begin Its use. Pape's Diapepsin will regulate any out of order Stomach within five min utes, and digest promptly, without any fuss or discomfort all of aojr kind o food you eat. ii a : -r A