THE MORNING OREGONIAN, THURSDAY, M ASCII 17, 1910.
CTflMnnon cnnocn 1
JlfillUHNU JUUIILU
FOR HIDING PAST
Oil Counsel Would Conceal
National Scandal, Wick
ersham Says.
LAWYER GROWS SARCASTIC
Corporation Attorney Declares New
Doctrine Is Attempt to Require
Each Individual to Compete.
With Himself.
WASHINGTON, March 16. Final argu
ment of the famous suit to dissolve the
standard Oil Company of New Jersey as
a conspiracy and as a monopoly in viola
tion of the Sherman anti-trust law was
made today, and the Supreme Court took
the matter under consideration.
The third day in the contest xf coun
sel before the court was a memorable
one, not only because of the arguments,
but because of the interest manifested
in the proceedings on the part of the
3ench.
Rules of the court prohibiting specta
tors standing in its presence were swept
aside and members of Congress stood
around the walls of the room. Not in
years have so many persons been packed
into the little chamber.
It fell to Attorney-General Wickersham
on the side of the Government and to
John G. Johnson, for the defense, to
make the closing remarks. In addition,
D. T. Watson, another Standard OH coun
sel, addressed the court earlier In the
Iay. .
Past of Standard Cited..
Mr. Wickersham taunted his opponents
tfor "desiring to cast the veil of oblivion
over the past." He spoke of that past
es containing a National scandal which
the courts and the Legislatures were
called upon to put down. He emphasized
the position that the re-organization of
1899 gave the Standard Oil a more solidi
fied organization than It powessed- before,
an organization that prevented the sub
sidiary companies from becoming com
peting.. In closing, Mr. Wickersham urged the
court Dot to be influenced by the cry that
this proceeding was a blow directed at
business, "because such a cry had been
made often before and proved ground
less." The closing address by Mr. Johnson
was partly a reply to Mr. Wickersham.
Although the wolf may not have come at
first, he told the court, when It did come
it was too late to cry.
He paid his compliments to Frank B.
Kellogg, author of the petition of the
Government, on which the decree of.dla
Eolutlon before- the court was based.
Like Witches Cauldron.
Mr. Johnson told the court it .reminded
him of the contents of the witches' caul
dron In Macbeth, as it appeared to 'have
been made up of a collection from the
scrapbooks of disappointed oil producers
and "magazinists female or otherwise."
The best part about it. he told the court.
Was that It ended with, a prayer.
Mr. Johnson interpreted what he desig
nated as "the new doctrine ot potential
competition" as an attempt to require
each individual to compete with him
self. Turning to another phase of the con
troversy, he asked: "How on earth could
we monopolize the manufacture of re
fined oil. when we control only 11 per
cent of the crude oil output ' "
"But they complain with our" enormous
Bmount of wealth we drive our competi
tors out of business," he exclaimed. "Are
you going to conduct business1 on the
racetrack principle and put A handicap
Dn the man who possesses wealth? Are
Iron going to taboo wealth?"
With a sarcastic smile on his face, as
he walked back and forth before the
bench, he expressed his surprise that
such iniquities as had been complained
of existed in this country.
No Limit on Wealth.
"We do have pipe lines," he" shouted,
"We do have engines and boilers, but is
that any reason why our competitors
should get heat and steam from us7
There i3 no Federal law requiring that,
thank God. as yet. I am speaking of the
present. Your honors may be called upon
not in my lifetime to pass upon a law
that says how much a man shall own.
But that question is not before you."
Mr. Johnson next turned to the sub
ject of unfair competition.
"Is there a kind of soft competition, a
JMckwickian competition, a kind of kld-g-love
variety!" he asked, "where they
just compete so nicely that 'it won't hurt?
General Sherman used a word in describ
ing what war is'; I won't use the word In
your honors' presence, but that ia what
competition is. Yet they complain be
cause we undersold someone."
There are plenty of laws "that' could
reach unfair competition, if it be illegal,
he said. The law that permits" a $23,000,000
fine to be laid, he contended, was not "a
Pickwickian law."
In closing, he pleaded with" the -court
not to strike down a legitimate business,
or deprive the men he "represented of
their organization.
"The remedy the Government asks it
to apply," said he, ' "is not -unlike the
surgical operation of amputating the foot
to remove a thorn from the toe." l -
Mr. Wason, in his speech, which pre
ceded that ' of the Attorney-General,
ought -to show that the only act of
alleged conspiracy . before the Supreme
Court was the combining of corporations
in 1S9. lie pointed out that this was the
only act that the Circuit Court of Mis
souri had decreed against. In reply to a
question by Justice MeKenna, Mr. Watson
admitted that the Mifs"ouri court based
Its action on the Supreme Court order
In the. Northern Securities case.' ' '
Justice Harlan In reply to Mr. Watson's
contention, intimated that -in his opinion
the court should go into the entire record
of the case.
"It will take you six months then to
read these fi0,6fr pages, V suggested Mr.
Watson.
TAFT WILLING TO AMEND
(Continued From P1ret Page.)
he was quite unable to understand why
Mr. Aldrich had made 'the statement.
In this connection the Presidant's name
was brought into the discussion "
Mr. Cummins still was discussing
the possibility of alleged anti-trust re
peal and referring to some of the pro
visions when Mr. Aldrich - said that
"such was - the purpose of the Presi
dent and the Attorney-General. "-
This statement brought Mr. .Nelson
to his feet, with strenuous protest
"The Senator must not hide behind
the President," he n.ld excitedly. "That
Is small business "and It won't do. It
is not the way. to legislate." ,
Mr. Aldrich also was somewhat ex
cited when he replied. He disavowed
any intention of taking refuge behind
anyone.
"It is not my hahit." fce said, "to hide
behind the President or anyone else. I
have opposed the President when It
took a good deal of courage to do so.
If tne bill does not cairy out the pur
pose of "in authors, let's make it do it.
The measure has been recommended by
the President and by at least one ex
President, and it wm epp.-oved by the
platform of my p.rly, and I presan.e
also too party of the Senator from
Iowa."
He Telterated his Independence, as
aSenator, of any outside interference,
and asserted that although it was the
habit of the executive officials to pre
pare many measures for the action of
CongTess, he hoped that no Senator
would be prejudiced simply by execu
tlve suggestion.
Mr. Bailey suggested that the real
purpose of Mr. Aldrlch In coming into
the discussion ' today had been to. call
attention to the fact that Mr. Cummins
was - not In harmony with the Admin
istration,.. - -. ... ..
President's Course Defended.
"I did not make any such effort,"
declared Mr. Aldrich, and the Iowan
assented that his attitude was perfectly
well known.
Mr. Root called attention to the pro
vision of the Constitution requiring the
President to suggest legislation, and
he regarded the President's action on
the pending bill as within his province.
Mr. Cummins resumed and read from
President Taf t's . speech of acceptance
and' from his speech at Des Moines the
statement that the Interstate Commerce-laws
should be ' so amended as
to permit railroads to make traffic
agreements. If approved by the Inter
state Commerce Commission. In one
of these speeches the President said
that in this way the application of the
Sherman Anti-trust law to such trafflo
agreements would be abolished.
"The Senator from Rhode Island,"
commented Mr. Cummins, "to escape the
odium which' attaches to reporting a
bill for such a purpose, denies that it
is intended that the bill should relieve
railroad corporations from the applica
tion of the anti-trust law."
Mr. Cummins will continue his speech
tomorrow.
CROWDED BRIDGE FALLS
HORSE SCRAMBLES UP BANK
AND INTO RESIDENCE.
Fifty School Children Are Unable
, tr Return Home Until River
. Crossing Is Repaired.
STANS FIELD, Or.," March, 16. (Special.)
Overcrowded with cattle and horses,
two sections of the county bridge across
the Umatilla River at Stansfield gave
way this afternoon, precipitating the
stock into the stream. The river at this
place has a fall of 23 feet to the mile and
the current, swollen with the melting
snow , in the mountains, is extremely
swift.
One of the horses, after a desperate
struggle for life among the whirling ed
dies of the stream, reached the east bank
of the river, on which the town of Stans
field Is located, and dashed directly Into
the open door of James Drew's residence,
where he was lassoed by Glen McCu'l
lough and returned to his owner.
Many Stansfield people gathered on the
remaining portions of the bridge to watch
the thrilling, struggle in the turbulent
waters' beneath.
This Is the only wagon bridge across
the Umatilla for a distance of 20 miles
above the Columbia. All traffic is sus
pended and 60 school, children are unable
to reach their homes until temporary re
pairs are made.
,SALEM EDITOR IS SPEAKER
Colonel Hofer Addresses Booster
Sleeting .at Klamath Falls.
t w
KLAMATH FALLS, Or., March 16.
(Special.) Colonel Hofer, a Salem editor
and candidate for Governor, was the prini
cipal speaker at a booster meeting held
here tonight. W. P. Strandborg, a Port
land newspaper man, was also one of the
speakers. The meeting was arranged for
the purpose of affording Colonel Hofer an
opportunity to meet the people of Klamath
County.
The Portland and Salem party num
bered a dozen persons who are very en
thusiastic about the resources of this
region. At the conclusion of the public
meeting the visitors were entertained at
a banquet.
LET-ISLANDS GO, REQUEST
-
Senator Crane Presents Petition
Signed by Prominent Citizens.
WASHINGTON, March 16. A petition
praying for the independence of the
Philippine Islands was presented to the
Senate today by Senator Crane, of Mas
sachusetts. . -
It is signed by about 100 prominent
citizens of the Uniteii States, headed by
Alton B. Parker, of New York. The sig
natures include. 20 prominent educators,
among them David Starr Jordan, presi
dent of Stanford University.
The petition was referred to the com
mittee on the Philippines, where it will
sleep peacefully with a large number
of others filed with the same object in
view, but sighed by less conspicuous
personages.
GRAND OLD MAN HONORED
500 Men Will . Meet at Banquet to
George H.' Williams.
George H.: Williams, Oregon's dis
tinguished statesman, will be the guest
of honor at a banquet to be given this
evening by the-Multnomah County Bar
Association- at the Commercial Club.
The banquet will be in recognition of
Mr. Williams' 87th birthday, and it is
expected that at least 500 of the more
prominent lawyers of the state will be
present.
As this may be the last function of
Its kind that Mr. Williams .will be able
to enjoy, it is planned to make it one
of unusual interest.
PEARY'S BOTTLE FOUND
Thrown Overboard Off Labrador It
Floats to Irish Coast.
LONDON. March 16. A bottle which
was thrown overboard from Command
er Peary's Arctic ship Roosevelt off
Greenland on September 2, 1909, was
picked up off Klnaale, Ireland, toay.
A letter Inclosed in the bottle and
addressed to E. Mlllan, of Frankfort-on-the-Mfcln.
says the bottle was set
adrift with .the. object of ascertaining
the rate of the current on the Labra
dor coast.
IIeae Dont Forget It.
There is one thlng.you should remem
ber above everything else: that Bark
Tonic cures rheumatism, where every
thing else falls. It drives all impurities
out of tho system, and is great for con
stipation. 75c per bottle, at the J A
Clemenson Drug Company corner Front
and Morrison streets, Portland, Or This!
Is the drugstore that carries all the uo
to-date remedies. The old-time reme
dies we sell as. cheaply as aov denart
ment store does.
IS
Hoggatt and Wickersham
Quarrel in Meeting.
LETTER OPENS OLD SORE
House Committee on Territories
Hears Wordy Fight Between ex
Governor and Delegate Epis
tle Edited for Records.
WASHINGTON. March 16. Such appel
lations as "turncoat," 'betrayer of con
fidence" and "misstater of facts" were
exchanged between ex-Governor Hoggatt,
of Alaska, and Delegate Wickersham of
that territory at today's session of the
House committee on territories.
Chairman Hamilton averted what might
have been a more serious incident. The
committee was considering the Wicker
sham bill to provide a new form of
government for Alaska.
Letter Arouses Trouble.
Hoggatt read a letter received from
Wickersham while, the latter was on the
bench and the former was Governor.
Hoggatt said the words "In confidence."
placed on the letter by Wickersham. did
not apply after Wickersham left his judi
cial office, and, the witness added, Wick
ersham had pretended the letter would
put a different light on things than the
facts, in Hoggatt's opinion- warranted.
The letter commended Hoggatt for op
posing a change in the territorial form
of government and criticised prominent
men referring to one as "a dirty old
Democrat," and "worthless white trash."
The committee thought the letter too
rltuperative -to put in the record and ap
pointed a committee to edit out certain
references to Alaska's prominent citizens.
Misrepresentation Is Charged.
Hoggatt accused Wickersham of facing
squarely about on the proposed change
of government and of trying to misrep
resent him.
George K. MoCloud, representing . a
mining company on Seward peninsula,
testified in opposition to any change. He
said the population was dwindling.
Wickersham, by cross - examination
sought to show that McCloud knew very
little about actual conditions in the ter
ritory. - -
SOLDIER KILLED BY WIFE
Woman Worked; He Spent Her
Money and Beat Her, She Says.
SALT LAKE CITY, March 16. A little
kitchen at the rear of Captain Willis
Clihe'p quarters at Fort Douglas was
the scene of a sensational tragedy today
when Paul P. Shaunty, 28 years old, and
a private in the hospital corps, was shot
to death by Laura Vandiver, a cook in
the employ of an officer at the fort.
Miss Vandiver, or Mrs. Shaunty, told
the Marshal that she was Shaunty's wife
end that her husband had been spending
'her money in riotous living. Last night,
she asserted, he had beaten her cruelly.
They quarreled in Captain Cline's kitchen
today and, as he was leaving, she shot
him.
Shaunty was born at Springfield, Kjr.
He was stationed at Fprt Riley, ICan.,
for- three years . after his .enlistment in
the Army.
A deputy was summoned ' from ' the
United States Marshal's office and at Cap
tain Cline's home found the woman ready
to accompany him. She was arrested
on a warrant charging first degree mur
der. BODY AND R0WB0AT FOUND
Two Discoveries at Nehalem Indicate
River Victim Is Millhand.
NEHALEM, Or., March 16. (Special.)
Discovery of an upturned rowboat here
and the badly decomposed body of a man
at the mouth of the Nehalem River leads
the authorities to believe that the river
victim is A. Seaquist, an employe of the
Wheelei Lumber Company. The rowboat
has been Identified as the craft in which
Seaquist left the mill in the last storm
here when the river was exceedingly
rough. Seaquert has not been seen since.
B. L. Rector, of the Wheeler Company,
found the body last Sunday and as it was
In an advanced stage of decomposition,
evidently being in the water a month or
more, the Coroner buried It near the
beach. Subsequent discovery of Seaqulst's
boat leads to the belief that the body is
that of the millhand.
HOG VAT CRAFT CAPSIZES
Rancher Struggles Long In Palouse
Before. Help Arrives.
"SPOKANE, March 16. After strug
gling for seven hours in the swift
waters of the Palouse River, near El
berton. Wash., Hugo Heise, a rancher, i
was rescued y a searching party last J
night.
Heise was attempting to cross tb,e 1
river, usln& a hog vat for a boat,
when It capsized, throwing him into
the water. He caught hold of a quan
tity of drift wood, but was unable to
get ashore until helped by friends.
L. & N. ROAD LET OFF EASY
Fined $10,000 for Ten AdmittMl
, Acts of Rebating.
LOUISVILLE, March 16. In the Fed-1
era! Court today, the Louisville &
Nashville Railroad pleaded guilty on
10 counts in eight Indictments, charg
ing rebating, and Judge Evans Im
posed a line of J1000 for each count, a
total of J10.000.
The eight Indictments contained it
counts, but it was admitted that con
viction on many, of the counts was im
possible. RELEASED; IS RE-ARRESTED
Man Who . Escapes Sentence for
- Hold-l'p, Faces Xew Charge. 1 .
SALEM, Or., March 16. (Special.)
A. B. Smith was released from the
County Jail , this - afternoon and was
Immediately ' re-arrested by United
States Marshal Reed.
Smith has been taken to Portland,
where he has already been indicted by
the Federal grand jury for improper
use of the mails. It is alleged that
Smith sent threatening letters to A.
Bush, a banker, of Salem.
Head of Dead1' Canal Company Dies.
PARIS. March 16. Maarlco Hutln.
ex-president of the New Panwn Canal
Company, died today.
ALASKAN
ROW
' "Ain't -He Grand!" .
The Made-to-Order Clothes we turn out are so stylish, fit so perfectly and so bear the
imprint of NATIONAL TAILORING in cut, workmanship, material and fashion, they
are-bound to attract admiring attention. TWENTY DOLLARS TO FORTY DOLLARS.
Nat
291 Stark
GRAFT, GAMBLER'S TALE
HELENA ADMINISTRATION DE
MASDED FEES, HE SAYS.
Mayor's Libel Case Against Editol
Brings Out Sensational Testi
- mony Police Involved. " "'-'
HELENA. Mont., March 16. (Spe
cial.) Rather sensational evidence
was adduced at today's trial of J. H.
Raftery, who is charged with criminal
libel for the publication of certain ar
ticles said to reflect on the integrity of
the administration of Mayor Edwards,
of Helena, who appears as the com
plaining witness.
Peter Kelly, a gambler, testified that
he had agreed to pay $1100 a quarter
for the privilege of conducting a gambling-house
In Helena, but that the go
between wanted $500 more and he did
not open. Kelly said that it was a
well-known fact among gamblers that
a fee was exacted by the administra
tion for the conduct of such establish
ments. Another witness testified that his
place had been raided because of a re
port that Kelly was connected with it.
It was testified by another witness that
he had the Mayor's consent to open a
cigar store with a poker-room attach
ment. Members of the police force told of
collecting fines from women of ill re
pute and their "secretaries.
Much interest attaches to the trial,
which threatens to go into various de
tails not generally expected at the time
the suit against the editor was filed.
Owner Routs Horsethief.
VANCOUVER, Wash., March 16. (Spe
cial.) Because a would-be horsethief
made too much noise in the barn when
he was attempting to steal the team of
Pleasant, Kereshn. BeneiciaK
Syrup of Figs and Elixir of
Senna appeals to the cultured
and the well-informed and the
healthy because its component
parts are simple and whole
some and because it acts with
out disturbing- the natural func
tions,' as it is wholly free from
every objectionable quality or
substance. In its production a
pleasant and refreshing syrup,
of the figs of Californiais unit
ed with the laxative and carT
minative properties of i, certain
plants known to act most bene
ficially, on the human system;
when its gentle cleansing is de
sired. To get its beneficial ef
fects, always buy the genuine,
for sale by all reputable drug
gists ; one size only, price
fifty cents a bottle. The name
of the company California
Fig Syrup; Co. -is always plain
ly printed upon the front of ev
ery package of the genuine.
(aliorria fif VP (
LOUISVILLE, KY.
SAN FRANCISCO. CAL
GOME AND SEE
lonai i
St., Between Fourth
Joseph McKee, on Kauffmann avenue,
last night, he was discovered by the
owner. . McKee heard a noise and, in
vestigating, found a man crouched under
the manger. The Intruder made a
dash for the door and escaped.
LAND CONTRACT CLOSED
Deal for 31,000 Acres In Coast
Rage Completed at Albany.
ALBANY, Or., March 16. (Special.)
In a deal completed here today the Coast
Land & Livestock Company, of Albany,
sold the Iowa Pacific Coast Land Com
pany 31,000 acres of wild tend In the Coast
Range for JS0.O00.
The contract for this land was made
three years ago. The land Is part of
the old Yaquina Bay wagon road grant,
in Benton and Lincoln counties. Much
of It has been sold in small tracts under
bond for deed.
The stockholders in the Coast Land &
Livestock Company are J. K. Weather
ford, W. H. Davis, W. H. Hogan and
John A. Shaw, of Albany, and the heirs
of the late Edwin Stone, former manager
of the Corvallis & Eastern Railroad. The
buyers are Eastern men, who are repre
sented locally by Fish & Hodges.
r
ICE PLANT IS PROMISED
Newport Citizens Slow to Take
Lights, Official Declares.
' NEWPORT, Or., March 16. (Special.)
H. L. Vorse, of Portland, president of
the Newport Electric Company, is mak
ing an inspection of the plant, and an
nounced today that a creamery or at
least an Ice cream plant and an ice
plant soon will be Installed in connection
with the electric light plant.
Mr. Vorse complained that the citi
zens generally had not supported the
company, only a small proportion, he
said, had taken lights, and It had been
necessary to run long wires to supply a
M -T - V -rivt , '-7,
NEW YORK, N. Y.
iff-' - -::Uyy
TIU&
and Fifth. Open Till 8
few customers. The City Council has
co-operated with the company.
A. J. M'CABE IS INJURED
Railroad Contractor Hurt by Palling
Tree Near Seaside.
SEASIDE, Or., March 16. (Special.) His
shoulders and back injured by a falling
tree, so that every movement was agoniz
ing, A. J. McCabe, of the railroad con
tracting firm of McCabe Bros., reached
Seaside late last night from Nehalem,
after rldjng all day.
Mr. McCabe left Seaside at daybreak
Sunday, hiring a rig to take him to Hug
Point. Thence he had to force hin way
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3. Leaves no harmful sub-
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What more can a Baking Powder do? Re
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over 12 miles of rough trail to Nehalom.
After transacting his business, he tried
to ride back to SVaslde. While on the
way he injured himself fx badly that it
was not until last niKht that he was able
to reach Seaside again. Although un
able to walk without considerable pain,
physicians believe Mr. McCabe is not
injured seriously.
Tax Receipts Are $180,000.
VANCOUVER. Wash.. March 16.
(Special.) Nearly $1SO,000 in taxes for
the current year, which will amount to
J399.0C0, have been paid to the County
Treasurer in cash and checks. AH or
the big corporations and railroad com
panies have paid. March 15 was the
last day allowed by law for the 3 per
cent rebate.
The
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for 25 Cents
all "Pure Food Lattis
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