-I PORTLAND, OREGON, THURSDAY. OCTOBER 13, 1910. PRICE FIVE CENTS. VOL. I. "0. 15,563. LAWYER BELITTLES PORTLAND TRAFFIC Other Ways to Orient Better, (Says Dunne. RAILROAD COUNSEL IRONICAL Southern Pacific Attorney Tells Technical Tale. MERGER CASE IS ARGUED I'ntnn Pacific float Line to rOrlent IK-clarcd to Be Failure Busl ort Handled Co-ojwratlvelj After Discontinuance. ST. PAIL. Oct. I!. In the United Flute, circuit Court here todar P- F. I'unne. general counsel of the Southern Pacific Railroad, concluded his argu ment on behalf of the railroads In the Government's suit to dissolve the mer ger of the Southern Pacific and Union Pacific Railroads. Mr. lunne's argu ment today was devoted to percentages of revenues and tonnage and was large ly technical, lie contended that the Portland route except for common points was an Impossible and wholly Illogical route. Speaking" of lumber. u said It entered largely Into the case In connection with the alleged closing of the Rosevlile gateway and the opening of the Portland gateway to the business of the Willamette Valley. Portland Gateway Opened. For the reason that traffic will fol low the course of the least reslstence." he said, "the Kosevllle gateway waa closed, not because there was any act lve competition. The expenses of op eration were such that the sum of the locals on through retina- would have closed the Oregon gateway "o if. Vnlon Pacific and for thla reason ir-t Rctevllle gateway was closed In !". and the Portland gateway reached ever the s:ort IJne was opened." Judge Dunne treated Ironically at times the Oriental busln i aj bandied frem Portland and Its relation to the Oriental business from San Kranclsco. Asiatic Business Belittled. "The bulk of the A.atlc busineM moved through the Port of Portland was rot great. he said. "Such aa moved cast a rd over the I'nlon Pacific waa a mere Incident to the local traffic out bound for the Orient. "T! whrat and flour of Eastern Ore gon and Washington. If there had been ro ship service out of Portland, would lsve been handled by the Northern Pa cific and Ureal Northern from points common to them with the O. It. 4 N. to the Pugrt Sound ports, where vessels are plenty. The navigation company, controlled by the Union Pacific, would lave lost this trslTlc entirely. "Or If t! point of tonnage origin had hen iovnl to the navigation company It would lave been short hauled to the r-r junction with the Northern lines and tlence lo Pugrt Sound. Oregon Outlet lemanded. "If the wheat had been manufactured at Interior points, the result would have been the same. Ongun wheat and flour niaml-d an Oregon outlet by water to tie orient or the Portland mills would l av l;ud to shut down. It was to take tare of tl.is basintn Hat the Union Pa uric established Us boat line 10 China and Japan.' After citing that the line had been a failure in the hands of several manage ment and was aluaya operated at a loss. Mr. Dur.ne continued: "The saltings from San Francisco were more frequent and more satisfactory than from Portland. "The Union Pacific did the greater part of Us business and practically all of the transcontinental business through San Kranclsco. The principal business of the Union Pacific vessels waa such as they picked up In the Orient for west-bound , shipment some local, some transcontinental. Business Handled Co-operatively. "It Is plain that the Portland-Oriental shipments, never satUfaxtorv, were discontinued for economic rea - sons and the business, handled co operatively, it was better that the Oriental tonnage should pass through entirely satisfactory channels of trans portation to San Francisco than that the Northern Pacific and Great North ern should monopolize It entirely." Speaking of the Southern Pacific purchase of nock In the Northern Pa cific and Santa Fe, Judge Dunne made the only distinct allusion In the trial to the Hill-Harrtman fight of a few years ago. "I am not here to cast any asper sions upon Mr. Hill," he said. "I have no doubt that with the lapse of tims and the death of one. the old bitter ness is stilled, but at the time to which 1 refer It waa keen and poignant- It waa only to give a color to this case that these two roads were brought In at alL" Ex-Senator Spooner then took up ths final argumenta for the railroads and will conclude tomorrow. Frank B, Kellogg, of St- Paul, will follow wlta the argument la rebuttal for the Government PEEP AT DIARY IS CAUSE OF DIVORCE HUSBAND'S RECORD OF "SOUL MATES" HIS DOWNFALL. Writing In Greek and Spanish Falls to Blind Wife of Charles F. Lummis, Author. . SAN FRANCISCO. Oct. 12. (Special.) The wife of Charles F. Lummis. of Los Angeles, author, archaeologist and author ity fit Indians of the Southwest.. Is here and will be the defendant In a divorce suit In a few days. The wife herself Is a well-known writer of this Coast, and her reason for seeking a divorce Is said to be found In the pagea of an erratic diary Lummis kept of his affinities. Tlx) book waa written in Span ish and Greek. If he bad written tt en tirely In Greek or some cipher, it would have been safe, but the wife reads Span ish. Hence the separation. Mrs. Lummis left their fine home In Ixs Angeles and came to San Francisco with her only daughter and her 6-year- old son. Lummis kept an elder son aged 14. Mrs. Lummis says she did everything to make a good home, and It la not her fault that the separation occurred. She declares she will have the other child, aa the father Is not fit to bring up the boy. The career of Lummis has been spec tacular. He came West in 1SS4. walking across the country, and wrote an enter taining book on his experiences. Then he became city editor of the I-oa Angeles Times, but work broke his health. He was married to a young woman doctor, but In New Mexico, where he regained his health, he met Kva Douglas, a young school teacher, and fell In love. His first wife agreed to a divorce and she even Invited the ex-husband to her home to he married to the other woman there. Lummis made a big reputation by work among the Indians, and he had valuable collections recently given to the South western museum. He Is a picturesque figure, aa he always dresses In corduroy, with a sombrero hat trimmed with snake rattles on the band. REVOLT SCHEME SCENTED Mexico Authorities Seize Gustave Madeiro for Alleged PloL MEXICO CITT, Oct. 12. Gustave Madeiro, a brother of Francisco Madel ro. is in prison here, charged wilh hav ing tried to Induce a number of Army officers to Inaugurate a revolution In Mexico against the government. General Mlllton' Hurtado complained to the authorities that Madeiro had made revolutionary suggestions to him a few days ago and said that several other officers had been ' approached. Madelro'a arrest became known today. He was placed In Jnll Monday and to day waa examined behind closed doors by the Judge of the second district court. Two friends of Madeiro. Margarelto Loano and Jesus Illgurea Selvllla. are also In prison under similar charges. The three men deny the allegations. The Imprisonment of the defeated candidate for the Presidency of Mexi co caused comment In the capital. The testimony now being given is kept secret by the court officials. MOTHER ILL; CHILD DYING I.ad Stricken Suddenly, Parents' Whereabouts Unknown. Unique and sad Is the case of Charles Howland. Jr.. 14 years old, who Ilea dying at Good Samaritan Hospital away from his- parents and brothers and slstera of whose whereabouts friends of the family In Portland are not Informed. Ist Monday young Rowland was at tacked by severe pains and examination at the liwipitul showed he was suffering from gangrene poisoning of the appendix. Adding pathos to the lad's plight, only three days before lie was stricken his father was called Kttst owing to the sud den Illness of the boy's mother snd his uncle. Howland. Sr.. did not say for what city he wa bound and hospital authorities are at a lots to know what to'do to locate the HowLands to acquaint them with their young son's critical con dition. When Howland. Sr., departed for the East the boy was carnal for by friends at 440 Holllday avenue. They also are In Ignorance of the father's Eastern ad dress. CAR UPTURNS, RACER ,DIES Aviator Also Probably Fatally Hurt In Amarlllo, Tex., Meet. AMARILLO, Texas. Oct. 1 2. T. H. Skaggs. of Decatur, Ala., was killed In stantly today when the 90-horsepower Simplex car he was driving In a 200 mlle automobile race turned turtle. As his car swept around a curve of the course, one of the Inner wheels was crushed. The car turned completely over, pinning- Skaggs under It. Skaggs had lost two laps because of tire trouble and was driving desperately to regain the lost ground. An hour later, Thomas Benolst. a St. Louis aviator, after making two successful flights In a Curtlss biplane, was struck by the propeller while ad justing his engine and tonight lies In a local hospital In a critical condition. ARGENTINE HEADS SWORN Pena and De La Plaza Are Made President and Vice-President. BUENOS AT RES. Oct. 12. Senor Boque Senaa Pena and Dr. Victorias de la Plaza were Inaugurated today respectively as president and vice- president of the Argentine Republic- President Pena declared In his mes sage that his International policy would be directed with friendship toward Europe and fraternity for America. MIS p FROM ROOSEVELT Colonel Commends the Work of Missionary. PLEA FDR TOLERANCE MADE Protestant Example Set. for Future Catholic President. PEORIA CROWDS CORDIAL "Jackpotters" In Ilinols Legislative Scandal Attacked Wilh Old-Time Vigor Condoners of. In lqulty Are Infamous. PEORIA. Ill, Oct. 12. Ex-President Roosevelt came up from the South Into Illinois today, denounced corrupt Leg islatures and commended the work which the Roman Catholic Church Is doing. Leaving ft. Louis early, he traveled across the southern end of Illinois, speaking at several places on the way. In Peoria he waa the guest of the Knights of Columbus, to whom he made a speech at a dinner tonight. It was Colonel Roosevelt's first pub lic utterances to Roman Catholics since the Vatican Incident last Spring. He said that he favored the broadest measure of religious toleration. Illinois Bribers Denounced. In a brief speech to the crowd at the railway station in Springfield, Col onel Roosevelt made what was con strued as a reference to the allegations of corruption in the Illinois Legislature. Hardly had be begun to speak when a man In the crowd called out: "Give It to the Jackpotters, Colonel." The others In the crowd, to whom the expression had become familiar, since the confession of members of the Illinois Legislature that they had shared in a corruption fund which was called "Jackpot." applauded. Colonel Roosevelt took It up and at tacked the men involved In the legis lative scandal as vigorously as he did in his speech last month at the Hamil ton Club banquet In Chicago, from which Senator Lorlmer was excluded after the Colonel had refused to at tend the dinner unless the Invitation to the Senator was withdrawn. Briber Is Traitor. "Good, my friends! I am glad to hear you say that." he said. "No man who Is worth his salt will have anything to do with any one of the creatures who were tainted In that scandal. The most Important thing, before us as a people. Is to drive from public life the corrup tion, the bribe-taker, the bribe-giver. The men whom you speak of as Jack potters are traitors of the basest kind and It Is Infamous In any one to con done their Iniquity or to support them and stand behind them, directly or In directly. "The presence In public life of aueh men Is a shame and a scandal and I do not care a rap whether they belong to my party or to some other party. I hold It my duty to be equaly hostile to them In either event" When Colonel Roosevelt arrived In Peoria he went to the Country Club for luncheon, then visited the home of Bishop Spauldtng. A public reception (Concluded on Pace 2.) THE INDEX OF TODArS NEWS The Wther. YESTERDAY'S Maximum temperature. CI degree; minimum, 49 dejrrea. TODAY'S Fir. southwesterly winds. Foreign. Vrrnrh Premier denounce! railway strike ai Insurrection and built on criminal foun dation. Page 3. National, Southern Taclflc attorney belittle Oregon traffic In arguina merger case. Page 1. McCrea says higher rate only Justice to railroad. Fae IV Politic. Leading- Oregon Democrats reject West be cause of alliance with Bourne. Page tt. William Barnes. Jr.. reslgnes from Repub lican IS late Cooimitue. Pace Dlx. In accepting nomination for Governor of New York, refers to Rooevelt as " apostle of discord." Page 2. Oregon Republican State Central Committee . Issues circular extolling Jsy powerman as most fitting candidate lor Governor. . Page 9. - Bowerman addresses enthusiastic audience at Baker. Page ft. Domestic. Episcopal delegates reject Dr. Morrison's statement Bible Is not word of God. Pae 1. Charles F. Lummli. autltor, sued for divorce, wiffi translating his Spanish diary con taining record of affinities. Page 1. Roosevelt praises wrk of 'catholics. Page 1. Detectives find fresh traces of Times disaster suspects. Page 3. Hports. Washington Hi no School defeats Lincoln by 6 to 0 score. Page S. McCredie will carry Hetling decision to high est courts of baseball. Page S. Judge Graham declares Portland forfeits three protested games to Oakland. Page 1 Pacific Coast League games: Portland 4. Los Angeles 0; Verm-n 1, Sacramento 0; no game at San Francisco. Pae 8. Paclflc Northwest. - Youths fight list duel over T acorn a maiden, who referees contest .and then chooses losr of battle. Page 1 Lost Vancouver lads. Robinson Crusoe style adventurers, found aMve on Island. Page 2. Slndey Storey likens proponed prohibition law to Russian despotism. Page 6. Goldendale entertains Southwestern Wash ington League. Page 4. t'oxnmercial and Marine. Heavy buying noted In hop market. Page 19- Pacific Mail Steamship Company will re tain Its business. Page 6. Portland drydock rates llaeiy to be cut be low other Coast cities. Page 19. Portland mod Vicinity. Attorneys pipes and Fulton are determined t aid city In Broadway bridge fight, despite opposition of City Attorney. I'age 12. Webb's alleged talk at road house may prove fatal in murder case. Page 18. School Board to receive bids for new Lin coln Higji. December 1. Page 12. Temporary Injunction halts enforcement of new freight rates. Page 7. Guilford's attorney! no longer In haste for . trial, page 12; Secretary of Navy Meyer on Shasta Limited make hut short stop In Portland and Commercial Club does not greet him. Page 7. Portland charms Eastern bankers. Page 14. Water-front tract sella Zor S 123.625. Page 12. DALLAS COLLEGE IS TOPIC Inlted Kvangelical Conference Dis cusses 925,000 Endowment. CANTON'. O., Oct. 12. Warm discus sion over a proposition to raise $25, 000 additional endowment for the Dallas College, at Dallas, Or., took much time of the United Evangelical Confer ence today, but no conclusion was reached. Interest centers In the election of of ficers Thrusday morning. The bish ops, a publisher and the director of the church organs will be selected. Both Bishops Hell and Hartaler will retire, having served two terms, the limit, according to the church disci pline. The report of the statistical commit tee showed a membership of 73,551. TAFT'S FOOT IN SLIPPER i President Xurses Member as He Re view s Boiler Parade. BEVERLY. Mass., Oct. 12. President Taft. after reviewing a parade In Bos ton today, returned to Beverly and had luncheon with Representative Gardner at a hotel. The President's left foot Is still giv ing him some trouble, and he wore a carpet slipper to Boston. VOICE OF WHICH PEOPLE FOR IS IVI REBUKED BY VOTE Church Accepts Bible as Word of God. THREATS TO RESIGN HEARD Episcopal Delegat&s Take Is sue With Portland Rector. NO WORD GIVEN IN SUPPORT House of Delegates Adopts Resolu tion In Opposition to Kadlcal Stand of Oregon Man. Emanuel Movement Stirs. . CINCINNATI, O., Oct. 12. (Special.) By a vote which might be called unanimous In ths ordinary sense of the word, but whleh was not unanimous because several ministers and laymen refused to vote the way the majority did, the Protestant Episcopal house of deputies here this afternoon refused to abide by the statement made from the platform In Music Hall a few days ago to the effect that the Bible is not the word of God. It was the Rev. A. A. Morrison, rec tor of Trinity Church, Portland, who, in the course of his speech before the house of deputies, said that to con sider the Bible as the word of Ood was to open up the church to the crit icism of hundreds of thousands of peo ple, and that no thinking man today considers the Bible in any such a light. He was vigorous In saying that the time has passed when the Bible is to be taken for all it has been said to be. Threats to Kesign Heard. The sesslqn today which voted down his opinion was precisely the same as that to which he made his original statement. The Rev. J. R. Winchester, of Memphis. Tenn., told the gathering In the course of his speech that if the house of deputies did not vote down the opinion as expressed by Dr. Mor rison, he would resign from his rector ship and from the church. He offered a resolution with this ending: "Resolved, That this house place Itself ion record as accepting the fact that the Holy Scripture as accepted by this church Is without doubt the word of Almighty God." Dr. Morrison said nothing in opposi tion to the resolution; in fact, he did not speak at all. Rev. John Williams, of Omaha, said it was but common morality to pass this resolution, and indorsed It. Several other ministers spoke on the matter, and all indorsed the resolution, when It came to a. vote. It passed. Dr. Morrison, when asked by the rep resentative of The Oregonian how he voted, replied: "I do not care to answer that question at this time." This was all he would say. The House of Bishops this afternoon not only reversed its decision of a few days ago when it refused to pass an amendment to the Constitution of the Church providing for suffragan bishops, but, shortly after creating the. new suf fragan bishops, passed a resolution call ing for a committee to investigate faith healing by means of prayer or sugges tion. The question of suffragan bishops came before the house of btehops last (Concluded on Page 4.) HIM? nnnnnirnai unnaun YOUTH LOSESDUEL XBUT WINS MAIDEN TACOMA GIRL IS REFEREE 05 FIGHT OVER HER. Swain Who Fared Worse in Contest Then Chosen by Lass. Pair Arrested. TACOMA, Wash., Oct 12. (Special.) A fight which resen. " L to a great degree the duels of the olden times, took place on McKlnley Hit late last night, when two y-ung men fought it out for the girl they loved, while she looked on and acted as referee. The hlt-as-you-can duel came to light today, when two contestants, William P. Tarbell, of 38J. East J street, and Gaylord Kelley, i Thirty seventft and J streets, were hailed be fore the Police Court. No disposition of the case was made by the courts, being held over until tomorrow. The two young men. It is said, have been bitter rivals for the hand of a certain maid on McKinley Hill, for many months. Last night Tarbell took the young woman to Cfiurch. .On the way home from cKurch -.elley is said to have met them and ed to bis rival that they "would ha it out then and there." Tarbell got the worst of It and in stead of resulting as the historic duels did, where the fair maiden drew the winner of the contest, the McKinley Hill damsel chose the young man who fared worse In the contest. SUFFRAGISTS ,ARE ACTIVE Storm In Woman's Clubs Conven tion Is Expected Today. WALLA WALLA, Wash., Oct. 12. (Special.) Politics is playing an im portant part in the convention of the State Federation of Women's Clubs here and about tomorrow the storm that has been gathering is expected to break. The suffragists have been lobbying hard to gain control of the meeting and to secure the Federation's Indorsement of woman suffrage. This will be brought up tomorrow and If It is passed, the "' anti-suffragists, It Is said, are planning to bolt. The fight centers about the election of officers. The president is not elected this' year, but first and second vice presidents, recording secretary, audi tor and second trustee are. Both fac tions are -trying to' fill these offices with candidates from the other side, so as to bring their own candidates to success next year. Taeema and Seat tle are potent factors in the fight. The ballot, which is secret, was taken to. night, . but will not be counted until morning. Besides the suffrage issue, conserva tlon also comes up tomorrow and a lively time is expected. HUNTER LOOKS LIKE TREE Idea Borrowed From Macbeth Used In Stalking: Geese. CH1CO, CaU Oct., 12. (Special.) Harold Jensen, a State University stu dent, will ' hunt geese this Fall dis guised as a tree. The disguise, or dered recently from a theatrical scenic painter, arrived today. When Jensen is inclosed In the thing he looks like a scrub oak. He expects to bi able to stalk wild geese and get close up to them by means of the painted tree. Jensen says he- got the idea from Shakespeare's account of how soldiers attacking the army of Macbeth ap proached while concealed under tree branches carried In their hands. SENATOR DOLLIVER BETTER Physicians Express Houe for His Recovery Danger Not Over. FORT DODGE, la., Oct. 12. Physi cians attending Senator Jonathan P. Dolliver. who has been seriously ill for several days, said tonight that he was resting easy. At the Dolliver home It was said that the severe pain In his stomach had subsided. The swelling In that organ has also been reduced and there is now no interference with his heart action. Physicians announced today that his Illness was due to stomach trouble. which affected the heart's action. It is admitted that the Senator's condi tion is serious, though not necessarily critical. MONSTER EAGLE IS FELLED Bird Puts l"p Fierce Fight . Berore It Capitulates. SALEM, Or., Oct. 12. (Special.)-lone of the finest specimens of a bald headed eagle ever shot in Oregon was brought down 'by C. A. H. Fisher, while hunting on Patton Island, a short way north of the city. The eagle fell Into the Willamette River when shot and the hunter suc ceeded in capturing him only aft-r the bird had developed remarkable tenden cies to fight and a battle royal ensued after the quarry was brought to bay. O'CONNOR TRAVELS WEST Irish Parliamentary Leader to Be ' In Portland Next Week. WINNIPEG, Man., Oct 12. T. P. O'Con nor departed today for the Pacific Coast after a successful tour In Canada In the Interests of the Irish Parliamentary party. He will speak atS-eattle, Tacoma. Portland and Spokane next week. Then he departs for Chicago and New ilc sailing from Quebec November i. BEAVERS FORFEIT bAMESTQ OAKLAND JudgeGraham Gives All to Californians. OAKS NOW LEADING LEAGUE President of Coast Also De clares Hetlng Ineligible. DECISION GOES INTO DETAIL Protest of Harry Wolverton Over Games In Which Hetling Played Holds on Ground Spokane Contract Was Good. BY HARRY B. SMITH. SAN FRANCISCO. Oct. 12. (Special.) Judge Tnomas F. Graham, president of the Pacific Coast League, today ren dered his decision, in which he sus tained the protest of the Oakland club against the playing of Gus Hetling with Portland and declared the three games in question of September 28, 29 and 30 forfeited to the Commuters. This decision, with the subsequent change in the games won and lost, gives' Oakland a slight lead in the pennant race, although it is so small that the clubs can be said, practically speaking, to be tied. Pitchers' Averages Change. In addition to changing the standing of the clubs, it will also affect the pitchers' averages. Krapp pitched two of the protested games and will now be charged in the official averages with two defeats. Steen and Seaton pitched the other and Steen, as the first pitcher, will be charged with the defeat. Many of the fans with whom the writer has talked relative to the de cision admit that they dislike the idea of forfeiting games, but say they can not see where Judge Graham could have ruled otherwise. The decision by Judge Graham, con sisting of some 1000 words, is type written and goes fully into the facts as they have been presented to him, also citing reasons for declaring Het ling an ineligible player. Details Are Covered The Judge first of al cites the pro test as entered by Wolverton, the Oak land manager. He then quotes from the rules of the National Association, In which players are prohibited from joining and club for the purpose of participating In championship games after the close of the season of the league to which they are under re serve, the penalty being the forfeiture of such games. He goes on to state that there is no question but that Hetling signed a contract with Spokane and played ball with that club during the champion ship series. The defense of Judge McCredie is given in the decision to the effect that Hetling had been with the Portland team during the season and that Port land had no knowledge of the player signing with Spokane. Graham Sees Xo Alternative. The president of the Coast League adds that Portland knew that Hetling had participated in games in, the Coast League and that he doea not believe that Hetling would have laid himself open to black list by signing with Spokane while still under reserve to Portland. ' The league executive deplores the necessity of declaring the games forfeited, but admits that under his view there Is no other way of looking at the case. For that reason he holds that all three trames must be considered in the "win" . column of Oakland. The decision, as might be expected, ha eenerallv been approved so far as the San Francisco public and the newspapers are concerned. the press nf Son Francisco has with one accord stated that Judge Graham has taken the right view of the situation. A majority of the baseball writers have acknowledged that the fans ab hor the forfeiture of games, but they add that if organized baseball is to De . nnlielil the rules must be obeyed. Naturally the press of Oakland says that the decision was expected and tna. there was nothing else for Graham to do. Portland Had Time, Graham Says. Renlvine to W. W. McCredie's state ment that he was not fairly treated and that he was rushed in the matter of sending in his evidence, Judge Gra ham says that the Portland club had plenty of warning and ample time to file Its defense. "My duty lay plainly before me," said Judge Graham today, "and I rendered my decision in line with that duty. Mc Credie may appeal and I expected that he would appeal. But I expected that he would appeal to the higher court of baseball and not resort to abuse to bolster up his case. "Further than this I have nothing to say. McCredie has chosen his wea pons. ' I have none. My decision stands until it is reversed. If it be reversed. I would be the first to con cede my error. McCredie certainly cannot plead that he was not warned of the Impending decision and the tn tConcluded on fase 8.2 71 108.0