Morning Oregonian. (Portland, Or.) 1861-1937, June 01, 1910, Page 2, Image 2

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    THE MORNING OREGOXIAX, WEDNESDAY, JUNE 1, 1910.
POWER TO REDUCE
RATES CONFIRMED
tax. which in all amounta to several mil
lion dollars.
Justice McKenna delivered a dissenting
opinion, in which Chief Justice Fuller
and Justice Day concurred.
Highest Court Decides Inter
state Commission Did Not
Exceed Authority.
.Rehearing Denied Oberlin Carter.
WASHINGTON, May 31. The Supreme
Court toctay denied the application of
Oberlin M. Carter, ex-Captain of the
United States. Army, for a rehearing in
the suit in which 400,000 was taken from
him and turned over to the Government
as a result of the Savannah, Ga., harbor
Improvement scandal.
ZONES NOT ESTABLISHED
'Jim Crow" Law Xot Passed On.
WASHINGTON, May 31. An attempt
to have the Supreme Court of the Unit
ed States pass upon the authority of
common carriers engaged in interstate
commerce to make "jim crow" regula
tions met with failure when the court
dismissed the so-called Chile's appeal
from its docket.
Government Has Contended That Ex
istence of Through Rates Has
Been at Stake River Wrong
ly TTsed as Base Line.
Panama Libel Suits Set.
WASHINGTON, May 31. The Su
preme Court of the United States has
advanced the so-called Government
Panama libel suit against the Press
Publishing Company, of New York, for
hearing on the first Tuesday of next
October.
WASHINGTON. May 31. The author
ftv of the Interstate Commerce Com
mission in Issuing the order directing
a reduction of the through freight
rates from Chicago and from St. Louis
to Denver, and the validity of that
xrder, was today upheld by the United
tates Supreme Court.
Justice McKenna, in announcing the
Decision, said the court hesitated to
believe that the Commission sought to
divide the country into rate zones, and
that the record did not show that such
had been held. The contest began
early in 1907, when shippers, jobbers
and wholesalers In Kansas City, St.
Joseph and Omaha filed a complaint
with the Interstate Commerce Commis
sion, alleging that the rates charged
by carriers operating between points on
"the Atlantic seaboard and Missouri
River cities on traffic originating at
the seaboard and destined to these
cities were unjust and unreasonable.
After many hearings and after sev
eral parties had intervened an order
was issued by the Interstate Commerce
Commission directing the railroads do-
1 n ar business between the Mississippi
River crossings and the Missouri River
to reduce their rates as a part of tne
through rate on shipments originating
In seaboard territories. The united
.States Circuit Court for the Northern
District of Illinois enjoined the Com
mission from enforcing the order, on
the ground that it worked an unjust
discrimination against the intermediate
localities and shippers.
The Commission and business men
of the Missouri cities appealed from the
decision of the Circuit Court.
Counsel asked the court to give them
30 dayn to file a petition for re-hearing.
Solicitor-General Bowers objected on the
ground that such would prevent the rates
; from going into effect before the court
.met next October. Chief Justice Fuller
. directed that the mandate of the court
issue in 30 clays unless a petition for the
"hearing was filed.
The court affirmed the judgment of
the lower court in favor of the Atchison,
Topeka & Santa l'e Company, whose
"charter was also lelng threatened be-
: cawe it had removed a suit from a state
to a Kcderal Court.
IS HIS TARGET
MOUNT ZIOX FARMER IS AR
RESTED FOR SHOOTING.
Complainant, Who Was Trespassing,
Charges That Doane Chased
Her With Vgly Ax.
WASHOUGAL, Wash., May 31. (Spe
cial.) Charged with having opened fire
upon Mrs. Clara Kriews, wife of &
farmer of Mount Zion, and then with
having followed his artillery attack by
making a lunge with a double-bitted
ax, Clarence Doane, a Mount Zion
farmer, was arrested by Constable Gus
Oisen, of Washougal, today.
Mrs. Krlews tells that she was walk
ing along a road which has been
opened through Doane's property for
20 years, whfen she was suddenly con
fronted with a sign bearing the in
scription, "No Trespass."
As it was some distance to another
road Mrs. Kriews says she started to
cross regardless of the warning, when
Doane appeared before her with a
rifle and shot at her. Upon missing,
she says he picked up an ax and started
at her, when she fled in haste.
Constabl; Olsen was deputized by the
Sheriff of Skamania County and placed
Doane under arrest.
Doane insists it is all a mistake and
that instead of shooting at Mrs
Kriews he had fired the shot at a dog
which obstructed the landscape. Mrs.
Kriews says she never before had any
trouble with the man now under ar
rest. The road in question is on
Doane's property, and the landowner
has been trying for some time to close
it up and force the county to secure
a new road.
SEALING COMPACT SOUGHT
:MlSSOlRI JjAW HELD IXVAMD
(Statute Prohibiting Suit In .Federal
Courts Discriminates.
WASHINGTON, May 31. The statute
of Missouri, passed March 13, 1907, prohi-
-biting foreign corporations from doing
business within the state, if they seek
5 litigation in the "United States Court, was
. today declared unconstitutional by the
United States Supreme Court.
In striking down the statute, the court
upheld the opinion of Judge Smith Mc-
I'horson. of the Circuit Court of the
: United States for the western district of
Missouri. The opinion replied forcibly
to the critics of the Federal Courts for
'. "interfering with stnte affairs."
The validity of the law was brought
before the courts for decision when the
Hock Island & Pacific Railroad Company
asked for an injunction to prevent the
secretary of state of Missouri from re
voking its license to do business in the
state because of alleged violation of the
. etatute of March 13.
The Circuit Court held the act of March
31 was unconstitutional because it dis
criminated against foreign corporations
by allowing resident companies to sue in
Federal courts where Federal questions
might be involved, because it denied to
foreign corporations rights granted them
. under the Federal Constitution and be-
. cause it impaired the contract agree
ment of 1S70, whereby the same protec
tion of law was promised to Federal cor
porations by the state as local corpora-
lions.
Treaty Expected to Abolish Pelagic
Scaling and Limit Land Hunting.
WASHINGTON, May 31. The British
Ambassador had a conference today with
Mr. Hoyt, counsellor for the State re-
partment, regarding pelagic sealing in
the Bering Sea.
An effort is being made to bring about
conference of representatives of the
United States, Great Britain, Japan and
Russia with a view of agreeing on the
terms of a treaty for the protection of fur
seals in the rs orth Pacific Ocean.
The conference probably will be held
next Winter, and the treaty which It i:
hoped will follow it is expected to con
tain provisions doing away entirely with
pelagic sealing and materially limiting
the number of seals which may be killed
on land. It . is understood the United
States would consent to the payment of
some compensation to Canada for the
loss of what she regards as her rights ia
the taking of seals.
CO CUT TO KF.1IEAU TAX CASES
Hughes to Be on Bench When Cor
poration Law Comes Vp Again.
WASHINGTON, May 31. The' Su
preme Court of the United States to
,dny set the corporation tax case for
reargument at the beginning of the
next term, before a full bench.
The tax is required to be paid by-
July 1. As the constitutionality of
the law will not have been passed upon
by that time, it is believed many com
plications will arise.
This action was announced by Chief
justice Kuller today at the conclu
sion of the announcement of opinions.
It will insure the participation of Gov
ernor Hughes, recently appointed
Justice, in the determination of the
cases.
i ne cases. ij in all, were argued in
the court March 17 and IS. Solicitor
General Bowers appeared for the Gov
ernment, while Maxwell Evarts, of New
York, and ex-Senator Foraker, of Ohio,
were prominent among the attorneys
who appeared for the corporations.
-no renson was given for the reas
signment of the cases unless the state
ment "for argument before a full
bench ' can be so Interpreted. One
reason given to the court for advanc
ing the cases for argument last March
was that it would avoid serious difficul.
ties if the constitutionality of the law
was passed upon before the time ex
pired in which the tax must be paid.
LOCAL OPTION LAW UPHELD
Judge Bean Gives Decision Agaius
Score Umatilla Beer-Sellers.
PKXDLKTON, Or., May 31. (Special.)
-The local option law was uphel
again today by circuit judge Bean
when he handed down a decision ad
verse to the 20 Umatilla County near
beer sellers who recently decided to
fight their indictments on the charg
of selling beer containing more - than
the limited amount of alcohol.
Judge Bean held the law was in full
force and effect In this county
that the accused men were, therefore,
guilty. They have appealed to the
Supreme Court. The liquor men had
attacked the law insofar as it applied
to Umatilla County on the ground that
the election board had not officially
notified the County Court of the re
sult of the election and that therefore
the latter's prohibition order was of
no effect.
OPEN DRAWBRIDGE
OMITTED FROM Lil
ortland Forced to Be Content
With Regulation by War
Department.
BOURNE AMENDMENT FAILS
Local Engineer's Office to Deter
mine 1 5 -Minute Closed Periods,
AVhich Will Vary According
to Schedule of Tides.
ORBGOXIAX NEWS BUREAU. Wash
ington, May 21. Senator Bourne's draw
bridgre amendment was eliminated today
from the river and harbor bill by the con
ference committee and the bill was re
ported back to the Senate and House for
final passage. This ends drawbridge leg
islation for this session, for neither house
will, restore the amendment to the bill.
The committee, however. Is satisfied
with the action of the War Department
in agreeing to amend its bridge regula
tions to permit the closing of draws from
6:30 to 8:30 A. M. daily, with two 16-
minute open periods when required. The
War Department, as previously stated, re
fuses to grant any-closed period at night,
for reasons heretofore explained, and
there seems no prospect that this de
termination will be altered. Up to the
closing hour tonight, the Secretary of
War had not approved the modification
of the regulations, but this action will
be perfunctory and probably will be taken
in a few days.
The regulations will leave it to the local
Engineer's Office at Portland to deter
mine from day to day when the 15-minute
open periods shall occur. The depart
ment considers It unwise to attempt to
fix these periods at any stated hour, be
cause of the variation of tides. The ef
fect of the regulations will be to give
Portland an hour and half during the
morning rush hour when bridge traffic
shall not be Interrupted by the opening
of draws, and with this concession Port
land will have to be content for the pres
ent. Any additional relief will have to
come through the War Department.
All other Northwestern amendments to
the bill were agreed to.
ft
TteaOatr W.
Located tmoo thm beautiful
Kuls aar Oakland, California,
w do to Stxm Francxaco and tne
, great Universities of tne Weat.
v Full coIUfiate coarse IraJing
to uefreac Entrance ana gradaaexoa rsojmresaeats
equivalent to those oE Stanford a ad University
of Caluornia- 1 rainratf nts sraaests tor teaching
regular lines of academic work, and offers special
advantages for awstc. art. library study and
bome economics. Well equipped laboratories lor
Snccial attention to bealta of students
Modern gymnasium thoroughly equipped. Out
loor lite and amusements ta tne ideal California eu
aate. Alumnae in every city on the Pacific Coast,
Pom catalosuc aosmic
President Lukiua Clay Carson. LL. D.
Miii-S College p. California
G. Devoe, Fort Worden; Edgar C. Jones,
Fort Li scum, Alaska, relieving Cap
tan John A. Clark, Medical Corps; Cap
tain Clark, upon his relief, will pro
ceed to Seattle and await orders.
WIFE'S DEVOTION SAVES
WO MAX DOES XOT TESTIFY
BIGAMY CHARGE.
TO
SCORNS IDAHO LEGISLATURE
Heyburn Denounces Indorsement of
Popular Election of Senators.
OREGONIAN NEWS BUREAU, Wash
ington. May 31. Senator Heyburn today
In the Senate declared that Idaho does
not favor the popular election of United
States Senators and later, in effect, de
clared that the Idaho Legislature was not
sane when It indorsed this proposition
Heyburn comments were injected Into
Senator Owen's speech in favor of popu
lar election of Senators.
Owen enumerated states that have cone
on record in favor of this reform and
mentioned Idaho among them. This
brought Heyburn to his feet.
"Idaho is a Republican state." said Hey
burn, "and the Republican party of Idaho
never favored the election of Senators
by a direct vote of the people. Idaho
has no Inclination whatever to promote
such a scheme of government."
Senator Owen then called attention to
the fact that the Idaho Legislature was
on record as favoring this change, to
which Heyburn replied: "The Legisla
ture of Idaho, as a rule, is sane, but
there have been times when it was not."
Senator Borah was not in the cham
ber when this took place, but when he
appeared and learned what his colleague
had said, he promptly took issue with
him. He said he differed with his col
league and declared that Idaho did favor
a. popular election of Senators and that
Idaho legislators were not insane. To this
Heyburn made no rejoinder.
George C. Robblns, Who Was Mar
ried in Portland in 1902, Es
capes Mexican Courts.
LOS ANGELES. May 31. (Special.)
The unswerving- devotion of a wife,
supplanted by a younger woman, and
the loyalty of a father, who battled
to save his boy from the consequences
or roily, have saved George C. Robblns,
an assayer of this city, from being ex
tradited from Mexico to stand trial
for bigamy.
A decision by the First Federal Dis
trict Court of Mexico acquitted the
eloping assayer.
KODDins ana a Miss Lindsay were
married here January 7, of this year.
The legal wife buried her resentment
against the faithless husband and
joined her father-in-law in an effort
to save him.
She steadfastly refused to testify or
make affidavits which would help the
prosecution. Miss Mary Jack, daughter
of a wealthy rancher of British Colum
bia, married George c. Robbins In 1902,
in Portland, Or., where they lived for
some time. The couple moved to Wal
lace, Idaho, where they lived for sev
eral years.
EX-TREASURER TREAT DIES
Appointee of President Roosevelt
Stricken Hour Before Death.
NEW TORK. May 31. Charles Henry
Treat, until a few months ago Treasurer
of the United States, to which position he
was appointed by President Roosevelt,
died of apoplexy in his apartments at the
GLOVES
JABOTS
NECKWEAR
HANDKERCHIEFS
VEILINGS
UMBRELLAS
Ertire Bldg.. Cor. Fourth and Morrison
HOSIERY
MUSLIN
UNDERWEAR
PARASOLS -CORSETS
LEATHER GOODS
Hi
SILK WAIST SAL
Extraordinary Value-Giving That Is Not to De Equaled
Values to $10 at $4.98
A beautiful collection of Taffetas, Messalines and Pongees in all the best styles
of the season and in every popular and desirable shade. This is an offer of true
merit that you should not overlook.
SILK PETTICOATS
$7.50 and $10 Values $5.75 '
Made of the very best quality taffeta silks; well made, and full width.
SAILORS
Lot of Rough Straw Sailors, Satin Finish, , Regular $3 Values
Wednesday Special $1.59
HAVE YOUR FURS REPAIRED OR REMODELED NOW. Don't wait
until the fur season opens, when it will cost you a great deal more. All furs
remodeled and repaired during the Summer months WE WILL STORE FREE
OF CHARGE. DO IT NOW.
Victoria Hotel last midnieht. He was
stricken an hour before his death, and
did not regain consciousness.
Mr Treat was born in Frankfort. Me.,
about 68 years ao. Among his ancestors
were Robert Treat Paine, a signer of the
Teclaration of Independence, and Robert
Treat, a Colonial Governor of Connecti
cut. He was graduated from Dartmouth
College in 1S65, and at once entered busi
ness with his father and brothers, who
operated a fleet of 28 vessels. He was
for many years active in Maine politics,
and upon his removal to Delaware in 1877
became a prominent figure in the Repub
lican party there.
Mo was an ardent supporter of Pres-
RICH CHINAMAN ACCUSED
New York Merchant Arrested in San
F'ranclsoo for Murder.
SAN FRANCISCO, May 31. As he
as preparing to embark for China
today with his wife, VVong Kay Gee,
said to be a member of the wealthy
Chinese firm of Yak Gaw Mim Com
pany of New York, was arrested on a
charge of murdering Wong Choy, who
was killed in Sacramento four years
ago.
The police do not know the details
of the accusation, but Wong avers that
he was approached last night by three
highbinders who wanted money, when
he refused they stated that they would
point him out to the police as the mur
derer of Wong Choy.
Wong Kay Gee says he can prove a
complete alibi, as he has not been in
this state since lbbJ.
RATE CASES CAUSE DEADLOCK
Divided, Commission Will Decide
Spokane Issues Only Partially.
OREGONIAN NEWS BUREAU, Wash
ington, May 31. So complicated are
questions involved in the Spokane and
affiliated rate cases now pending be
fore the Interstate Commerce Commis
sion that complete agreement is im
possible at this time and only a partial
decision will be announced before the
Summer recess.
The Commission has had this case
under consideration in conference sev
eral days and there is wild diversity of
opinion upon certain questions and cer
tain rates involved. Those points on
which opinion Is widely divided will
be put over for further consideration
next Fall, but it is planned within the
next month to return a partial de
cision, embodying the points on which
agreement can be reached.
Before the final vote is had on the
interstate commerce bill in the Senate,
two amendments will be proposed to
the long and short haul clause, one by
Senator Sutherland, requiring the Com
mission to decide all applications to
charge less for a long haul than for
short within one year from the filing
of such application, and another by
Heyburn, striking out the clause of
the Dixon amendment which stipulates
that existing rates shall not be af
fected by its provisions.
i -
KSTATK MUST PAY WAR TAX !
Several Millions Involved In De
cision in I-"avor of Government.
WASHINGTON. May 31. That the es
tate of a testator who died within one
year immediately prior to the taking ef
fect of tho act which repealed the Span
ish-American War revenue act was sub
ject to that ' tax was decided today
by the Supremo Court of the United
States.
The decision was announced in the
Hertz-Woodman case by Justice Lurton.
He recalled the decision of the court in
the former case, which was decided by
Hn evenly divided court against the Gov.
ernment. The Justice explained that as
a majority of the court had not approved
an opinion, the former decision did not
stand as an authority to govern other
cases.
On the merits of the case, the court
held the Government was entitled to the
THREE SEEK RELATIVES
Aberdeen Postmaster Making Effort
to Find Missing Ones.
ABERDEEN, "Wash., May 31. (Spe
cial.) Three missing men, one wanted
by an anxious mother: another to be
told that his father in the East has
died, and another by relatives, are be
ing sought in this city.
Mrs. O. F. Tharnton. of Sumner,
Wash., seeks her son, Bradley Tharn
ton, whose letters home ceased sud
denly some time ago. Mrs. Sarah C.
Covey, of Dallas Center, Iowa, is look
ing for her brother, Lester P. More
land, to Inform him of the death of
their father, and M. E. M. Pond, of
Orion. Wash., seeks William Malin. a
missing relative, to give -him serious
news.
Postmaster Crammatte is exerting
every effort to find these men.
PUBLIC LANDS BILL IS NEXT
Measure Expected to Guard Against
Tying Up Domain.
OREGONIAN NEWS BUREAU. Wash
ington. May 31. It is expected the bill
authorizing the withdrawal of public
lands will be considered by the Senate
as soon as the railroad bill is passed.
and that it will pass after a brief dis
cussion. Senator Clark, of Wyoming,
will offer an amendment providing that
the withdrawals shall not last beyond
the session of Congress during which
they are made, his purpose being to
prevent tying up the public domain by
withdrawals. Western Senators will add
the $30,000,000 irrigation bill to this meas
ure as an amendment.
Following the passage of this bill, the
Western Senators hope to secure the
passage of the Hamer bill, permitting
states to exchange scattered school sec
tions in tho forest reserves for compact
bodies of forest reserve lands. Senator
Heyburn purposes filibustering against
this measure.
Army Doctors Transferred.
OREGONIAN NEWS BUREAU. Wash
ington, May 31. The following Army
orders have been issued: i
The following First Lieutenants of
the Medical Reserve Corps will proceed
to the stations mentioned for duty
Felix R. Hall, Fort George Wright
Thomas D. " Woodson. Condon C. Mc-
Cornack, Vancouver Barracks; Klfe
The
WILD OLIVE
A Remarkable New Novel by the A lit h or of
THE INNER SHRINE
niHE WILD OLIVE has the same remarkable quali
ties which made the author's previous novel. The
Inner Shrine, the most widely read and talked-of book
of its year. As a serial In Harper's Magaxlae, THE
WILD OLIVE has called forth- an unusual number of letters writ
ten in terms of almost extravagant praise and delighted interest.
The book, which is now ready, contains much new material not
possible within the exigencies of serial space. '
The title is quoted from St. Paul "And thou, being a wild olive
tree" an allusion to the heroine's origin, which places her. a
growth of nature, apart from the cultivated trees of the orchard
society.
THE WILD OLIVE is a story in a new setting, a story that
seizes the reader from the first chapter a story of great vigor and
delightful charm. The scene opens In the Adirondack wilderness,
with a fugitive front justice, young and a gentleman, running
through the woods at night. Looking through a cottage window,
he recognises the judge who condemned him innoacnt. A. girl's
form outside beckons him to follow. The story rushes on, carry
ing the youth Into rehabilitated manhood and the girl to the
height of emotional sacrifice and final triumph.
Splendidly Illustrated y Indn Hitchcock.
Post Svo, Cloth, Sl.SO.
Ready at Last in Book Form
HARPER A BROTHERS.
ident McKinley, and soon after McKln
ley's election he was appointed Collector
of Internal Revenue for the Wall-street
district, serving- during the Spanish-Amer
ican War. His appointment as Treasurer
of the United States was made by Mr.
Roosevelt In 1S05. He is survived by his
widow and two daughters.
An Extraordinary Bargain
Corner Fifth and Alder
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Seattle, Wash.
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(SI