THE MORNING OREGON! AN. TUESDAY, OCTUBEK 25, 1910. OREGON PROJECTS t REPUBLICAN CANDIDATE FOR GOVERNOR OP PENNSYLVA l NIA, WHOSE ALLEGED EXPOSURE BRINGS ON LIBEL CASE. t iiliiiii EDITOR'SCOUNSEL GROWS DRAMATIC a wo,. .m :m v,v affl'i.n!-?"1"! 6ETN0MONEYNDW Federal Government Seeks to Revive Panama Libel . Suits. COURT HEARS ARGUMENTS Deiancey Nlcoll Reads RooeerelfB Met-ng to Congress nd Arrrs That ProofculloD Be Ions to rw Pifpenjntion. WASIHVOTOX, Oct. 14. The final attempt of the Federal Government to uphold the validity of the Indictment In the New Tork Federal Court of the Press Publishing Company. In a charge ef libel growing out of the pabllcaUoa of an arltcle In the New Tork World on the purchase of the Panama Canal, m made today In oral argument be fore the Supreme Court of the United . States. The Goverornenf effort were opposed by arguments for the Free Publishing Company, designed to u taln the action of the lower Federal Court In ouashlng the Indictment. Sweeping principles of law were said to be Involved. Libelous statements. It Is allecrd had been published con cernlng the highest official of the land. The article In question was printed In the heat of the Presidential campaign In 190. rt- charged that Charles P. Taft. Douglas Koblnson and William Nrlson Cromwell, with J. P. Morgan and others, obtained possession of the Panama Canal route for 13.000.000. ana through Intimacy with Theodore Roose velt, then President, and William IT. Taft. then Secretary of War. had sold the property to the United State at a profit of $JS. 000.000. Early History Recalled. James C McReynolda. Special Assist ant Atorney-General. spoke 1 minute for the Government in opening. He was followed by Delaneey Nlcoll. of New York, for the Press Publishing Company. Mr. McKeynolds. In bis opening state ment. said that the lower court had erred In quashing the Indictment against the Press Publishing Company on the charge of circulating a libelous article at the West Point Military. Res ervatlon. Mr. Nlcoll spoke of the case as a "legal curiosity." He said Attorney General Bonapart had the revelation that In 1S9S. Congress, without Intend Ing It. really had re-enacted the sedi tion laws of 1798. In closing. Mr. Nlcoll said: "As a matter of fact, the prosecution was premature, born before It time. b.Monsrtng to a new dispensation when the Federal Government bad taken to Itself all power and authority and the states had been reduced to mere geo graphical districts: when the Federal tribunals shall no longer try cases In accordance with precedent and the law. but according to the needs of the time as Interpreted to them by some great steward of the public welfare. Koonevrira Words Rehearsed. Jut before coming to hi peroration. Mr. Nlcoll had presented to the court In dramatic fashion an argument to show that the whole history 'of the country condemns the construction of the art of Congress asserted by the Government- He dwelt first upon the unpopularity of tl:e sedition act of lTt-S. designed to punish the publication of articles, with Intent to stir up sedition. Then he ' came down to 1830. when, he said, James Ilurhanan. later President of the Potted States. In the trial of Judge 1'evk In the United State Senate, had arirued that the founders of the Con stltution had been afraid to give the e1eral Government authority over the subjects of llbeL finally, he took np President Roose velt's secial message to Congress In retard to the alleged llbeL II de- slEnated It as "curious reading. For the next few minutes his voice rang thronch the little court room as he read a portion of the message holding It to be "A high National duty" to bring to justice him who "wantonly and wlrkedly and without one shadow of Justification seeks to blacken the character of reputable private cltlsens, and to convict the Government of his own country In the eyes of the civilised world of wrong doing of the basest and foulest kftid." Early ItrcisioB Not Expected. In him concluding arguments. Mr. Mi Reynolds told the court that the Government was concerned In protect ing the ieople residing in a Federal Jurisdiction. In rebuttal to the argu ment that the prosecution should have been broucht where the alleged libel was printed, or In other words. In state courts, he contended that the offense of libel was not limited to the mere art of printing, but including acts of making It public. One of these oc curred, he claimed. In Federal terri tory. He entered Into colloquy with Justices Holmes. White and Day as to what the law of New York State Is as to libels. The entire argument on both side was limited to two hours. The court then took the case under advisement. An opinion may not be rendered for several weeks. ELKINS IS NOT DYING Senator's Pbjsictan Saj Report of His Illness Is Exaggerated. ELKIN3. W. Va.. Oct. 14. Because of conflicting reports a to the condition of - Senator Stephen B. Elklns. who Is 111 at his home here. Dr. W. W. Golden, the Senator's physician, gave a statement to the Associated Press today. The state ment says; "Reports that the condition of Senator 1 "J kins is critical are wholly untrue, and. furthermore, at no time in hla present illarss has hla condition been such as to give alarm to his attending physicians or the member of hla family." Auto Vpturus. Driver Killed. SAV FKPRO. Ckl.. Oct. it Henry W. ' p.-hober. 3 years old. a chauffeur. w killed In an automobile accident early todsy on the Redondo Beach road, north of Wilmington. A pleasure party waa returning to San Pedro from Redondo Feacn In a thick fog and the chauffeur flrova the car off the end of a culvert. The machine iu overturned and Scho ber was caught under It. Hi head was badly crushed. Rev. Wesson refuse to deny pub lished statements that he Is In the liquor people's employ and receives from them yearly salary, raid adver :r . . - , I ' " . .v.- - : . -.V ... . . I - ' .5 ' ' . - r . . : v. '- S . . M . .- ' . - h ' " " a - ) ' - . t-v-. t . V- 1 . . ." -..., . ' ' ''. ' ' '' ' ' i ti A : C - -- - .. - - JOH.V K. SUIT BASIS HERE Local Man Gleans Data Caus ing Pennsylvania Case. PORTLANDER NOT NAMED John K. Tencr Gets 'Warrant for North American Editor for Call ing Astoria - Seaside Tilla mook Lino a Swindle. Contlnud From First Pane.) prominent Astoria corner, with the cap tion "Trolley car in Astoria snowing falstty of claim." The X orth American report by its unnamed Portland exsert follows: Portland. Or- Oct. 10 I send herewith full report on th Astoria. Reaslds A- Til lamook Electric Railway Company, which I trust roe will And complete enough to give an Eastern man a reasonably correct iaea of the present situation: Tapers Not Paid For. The Aatoiia. Seaside Tillamook (elec tric Hallwar ConiDanr. of Clatsop County, Oregon, was incorporated on June 17. 1DO&. on June so. isos. tne Oregon i.oasi najt- wav ComDanr was Incorporated. On November -3. lSOtt. a deed rrom ine Oregon Coast Railway Company to the As toria, pvaside a Tillamook Hallway Com pany was executed by which. In considera tion of 112.40O. all the properties, rranenises lorated. surveyed -and adopted line of rail way In Astoria and in Oataop County, right of way. nald notes, maps and engineering Instruments, leasehold rights, contract lights and other ordinances were conveyed by tin Oregon Coast to the Astoria, Ueaslde and Til lamook Kallway Company. Tula deed wa recorded N'ovsmber ZT. 1909. Thar la no other deed recorded transfer ring any property of any kind to the Astoria. Seaalde A Tillamook Company. The consideration of tlieoo has never been paid, and all property of the Oregon Coast ia still held In possession or ttiat company, subject to being turned over to the Aeturla. ide a Tiiiaraook company wnen tne 1 12.400 consideration Is paid. Put the only property ol any material value la represented by certain bonds for nsla eoe right of war between Astoria and Seaside. IS miles or thereabouts. Some of thaM bonds were for specified time limits. now aspired, and other properties needed for the right of way between the points named will have to me condemned for railroad use and paid for. But quite recently a piat ox una, eo acres In extent, marked X on the man. has been acoulred tv the Astoria. Seaside and Til lamook Company from the receiver of the tx- nrt Astoria a South Coast Kallroaa com pany, at a small price, ana wtm tne una whatever rlcht the Astoria A Mouth Coast Kallroad Company had In ui surveys par tlallv completed, grade and light of waf southeast from the to arree X along the red line traced by Mr. Bennett on the map In a solid line, were thrown in. No Coutrwrtloa Work. Of the Astoria. Seaside A Tillamook Railway no part at all has been constructed. except a spot Just on the limits of Astoria, w here a pretense was made of construction en or si ul January 1. 1910. The company baa a small engineering equipment, sufficient for one party of about ltv men. some office furniture, maps and surveys carried out this last Summer by Mr. Bennett, and no other slble property. The totai expendltare In cash to date at this end made by the Astoria. Seaside A Tillamook Company Is slightly In excess of tiaouO. and the company will have to pay up the 112.400 to the Oregon Coast Railway Company if and when possession Is given nd taken of the assets coverea py tne aeea between the two-companies above cited It la clear to the writer that there would be no encouragement for disinterested par ties that is, for outside Investors to put any money Into, the execution of ths plans of the Astoria, Seaside A Tillamook t'om- pany aa originally proposea by sir. Evans sod bis sssoclatea. The previous manager, F. I Evans, waa, the writer Is told, a promotor found by ha Oregon Coast people in response to an advertisement. He and the Oregon Coast men were Instrumental In securing ihe var ious Indorsements or local men nere, coiorea by their anxiety to see their city developed by Eastern capita L TJut aa neltner int wniT nr ar. n.nnsii, , rnr aa his statements made today go. caa confirm these rosy estimates, they may be disregarded. Sparsely Set tied Territory. The long stretch ef coast from Astoria, by Warrentou south to the X so, la today very sparsely settled and is unproductive for railroad purposes. In the future it mi) possibly be changed In character ,by the building of seaside cottages for Summer vis itor. Mr. Bennett's substituted red itne crosses a fertile, if narrow, tract which will yield some traffic. The line as first proposed was to be an electric line, but Instead of being able to avail Itself of water power derived from mountain streams, it waa to depend on power supplied by various aewmlila burning for that parpoa the off. products of the mllla Mr. Bennett proposes a steam road ef cheap construction to carry chiefly timber, oslng gaaolln cars for passenger traffic. In response to csreful questioning Mr. Bennett gave his opinion In a general way that II 000.000 expended on the line from new on would carrv construction treiifa the ewl and Car Umber, ares, j TEER. and also get what proximate benefit there may be In the Bummer visitor traffic to the beach resorts. Considerable expenditure will have to be made In terminal facilities In Astoria, esiie dally on the harbor front, to enable ship ments from the cars to vessels for both coastwise and foreign trade. Nothing has been done in this direction. Mr. Bennett Informed the writer that Im mediately he reached Astoria and took charge last May. he began and has main twined a habit of full and frequent reports to his employer lQ Philadelphia It is not conceivable, then, that as from the very first he saw the necessity of the complete modification of the original plans hereinbe fore dealt with, the Philadelphia parties should not have seen that It was simply dishonest to go on sending stock subscrip tions on the basis of the Evans and Oregon Coast plans of January, 1910, and the letters and supporting testimonials dealing with the Astoria, Seaside A Tillamook line as a strictly coast proposition, and baaed chiefly on Summer traffic in passengers to coast resorts. Tener warrant waa not served, but counsel for Tener sent a letter to ft A. Van Valkenburg. editor and president of the North American, Informing him of the action taken and notifying him that a hearing In the case would be held on Friday. The warrant Is based on an attack: be gun by the North American on October 12 against Mr. Tener business integ rlty. The , charges have been reiterated dally. Last night, Mr. Tener Issued a long formal statement denying the charges made by the North American. He ad mitted that he had been connected with the National Public Utilities Corpora tion for about three months, and added that he severed hi connection with the company because of , pressure of business In connection with his duties a a Congressman. He also admitted receiving 150.000 In stock, which he said he returned. He added that he believed and still believe the oompany to be legitimate. LIQUOR SWAP PROBED SUBS'I ITI'TIOX OP WATER FOR SPIKITS 1IARD PCZZIiE. San Francisco Treasury Agents Be lieve Subterfuge lias End n rod for Years; Many Questioned. SAN FRANCISCO, Oct. 24. (Special.) Treasury Agent Behan, Charming and Tldwell occupied the whole of yes terday to the exclusion of other busi ness In the Investigation of the fraud recently discovered In the Haslitt bonded manufacturing warehouse. In which It was found that six barrels of spirit of, 1S8 proof had been taken away surreptitiously and six barrels of water substituted. Kach barrel con tained (0 gallons, or 4-proof gallons, taxable at 1 102.40 a barrel, making a total of $620.40. The amount of the fraud is not chief ly what the officials are interetcd In, but the fact which their investigation has thus far disclosed that simlllar frauds may have been going on for a long time, the whole amounting to many thousands of dollars Kvery one connected with the ware house and all of It patron have been under examination In the agent's room In the appraiser' building, and much valuable information has been elicited. By the end of this week the Inspector will have their report ready for the department, and will be ready to place the result of one phase of the Investi gation Into the hands of the United States District "Attorney ' for the con sideration of the Federal grand Jury. KETCHELL LEAVES MONEY Mother of ex-Champion Says Estate Valued at $18,000. GRAND RAPIDS. Mich- Oct. 24. In Probate Court today Mrs. Julia Ketchel. mother of 8tanley Ketchel. champion middle-weight pugilist, who was killed in Missouri, filed application for appoint ment of James A. Lombard, of this city, as special administrator of her son's es tate. According to the petition the estate Is valued at $111,000. of which $X0 is in real estate arid $10,000 In personal property. Ketched Is said to have earned about Jino.flfrt In the ring. AND CALL rWCl CARDS V.G. SMITH & CO No Part of $20,000,000 Reclamation Fund Goes to Owyhee or Malheur. NO CONSTRUCTION STARTS Secretary Balllnger Writes Bourne Action of Congress on This Legls Jation Show Work on Hand Must Be Completed First. OREGON1. N NEWS BUREAU. Wash lngton. Oct. 24. Because Congress specified that no part of the specia reclamation fend of $20,000,000 should be used upon any new projects and that no new projects shall be taken up with any funds available, except upon spe clflo order of the President, neither the Owyhee nor Malheur irrigation pro jects In Eastern Oregon will be bene 11 ted this year. Secretary Balllncrer today wrote Sen ator Bourne In reference to the recom mendatlon of State Knglneer ewls In regard to the adoption of the Owy hee Irrigation project, saying in part "No construction was ever commenced on either the Malheur or Owyhee projects and under these circumstances It becomes Impossible under the law to employ any of the special $20,000,000 fund provided at the last session of Congress for their construction. Tho action of Congress upon this particular legislation as well as the debates shows conclusively that Congress very strong ly desires the completion of present projects before new wtjrk is inaugurat ed. With this special appropriation and prospective receipts Into the .reclamation fund in the regular way. it will prob ably require from six to eight years to complete the project already in prog' resa, and it is obviously the desire of Congress, as It Is also good business policy, to do this before Inaugurating new work. Advice Is Given. "Under these circumstances, in my Judgment, it would be unwise to ex pend any considerable portion of the reclamation fund, which is badly need ed for construction, in the survey of any new projects further than to con tlnue measurements of the water sup ply. If the State Engineer should ex tend the water rights of the United States to the waters of the Owyhee and Malheur rivers to a time when it will be feasible to construct and complete these projects, or either of them. It might have the effect of discouraging private enterprise In the same field and would thus be opposed to the fixed pol icies of this department, and to the best interests of Kastern Oregon. However, if in the Judgment of the State Engineer, the Governor and your' self it is to the advantage of the state that the Interests of the United States In the Owyhee projects be continued by the extension of the water right in the hope that it may some day be under taken by the reclamation service, this department will have no objection to such an extension, but it can make no promises regarding operations which are necessarily several years In the future. In his letter Secretary Ballinger also says: Inquiry Made tn 1904. Some preliminary Investigations of the Owyhee project were made by the Reclamation Service in 1904, in connec tion with similar investigations on the Malheur project and strenuous efforts were made to overcome obstacles to construction of these projects at that time, when plenty of funds were avail. able for their construction. The proj ects were formally abandoned upon practically the unanimous decision of the land-owners of the valley that the lands would not repay the cost of their reclamation. Recent increases In land values In this region have led many persons to consider the project now feasible, and it ha always been regarded by the Reclamation Service as an attractive one for Government construction from a physical standpoint- It is estimated that completion of the work already nder way by the Reclamation Service will cost about $70,000,000. and in some places land to be Irrigated has already been settled by persons who have been waiting for the e: pected water supply for some years. In order to relieve this condition Congress at Its last session authorized reclamation fund of $20,000,000 In or der to expedite the completion of proj ects already commenced. The act au- horixing this appropriation specified that none of it should be used upon any new projects and that no new projects should be taken up with any funds available except upon specific order of Chocola. TRY MODERN CHOCOLATES the same as babies. Babies can't take care of themselves, nor can nerves. Babies cry for atten tion so do nerves. Probably both are half -starved for proper nourishment. . Give them SCOTTS EMULSION. Dr. Lyon's , PERFECT Tooth Fovde Used by people of refine ment m every part of the world where the use of the tooth-brush is known, for Almost Half a Century. the President. It is this restriction that makes it impossible to take up the Owyhee project at this time." OIL HELD CONTRABAND RUSSIA DECXIXES TO ARBI TRATE OKLAHOMA WSPTJTE. Standard Oil Company Sow Can Only Recover Cost of Empty - Cases Question Rises in War. ST. PETERSBURG, Oct. 24. The Rus sian government has declined the Eng lish proposal to arbitrate the steamer Oldhamia dispute and the American re quest for compensation for the cargo on the ground that tho decision of the Rus sian courts that the cargo waa contra band was final. The British steamer Oldhamia was captured by the Russians May 19, 1905, in the Russo-Japanese war, while bound from Yokohama with a cargo of kero sene consigned by American citizens. She was recaptured by the Japanese in the battle of the Sea of Japan and taken to Sasebo, where her cargo waa sold. The consigners and the British owners of the vessel in July, 1905, placed their case In the hands of an attorney of St. Petersburg, who was empowered to ask the prize court to act as adjudicator. At the preliminary investigation ny the Russian government, In answer to the representation of the British govern ment, it was said that the capture of the Oldhamia was because of the pres ence of contraband, either shells or ma chinery in her cargo, the uncertainty be ing due to the similarity of the .Russian words describing these objections. The case was eventually transferred to the prize court at Llbau to facilitate the representations on behalf . of the American and British owners of the cargo, which was valued at $123,000 arid was the property of the Standard Oil Company. The prize court decided that tne steamer carried no explosives and found in favor of the American consigners and appointed arbitrators to determine the damages. This was not satisfactory to the Man chester & Salfbrd Shipping Company, the owners, and the Standard Oil Company, who demanded a total compensation of $500,000 and appealed to the supreme prize court of Russia. The court re jected the appeal and gave the standard Oil Company only tho right to take legal teps to recover the cost of empty cases. RIBUTE PAID TO HILL Political Friends and Enemies at Funeral of Democratic Ieader. ALBANY. N. Y., Oct. 24. The funeral of David B. Hill took place today In St. Peter's Episcopal Church. There was no eulogy. The choir sang, Liead, Kindly iBht." and Now the Laborer s Task Is O'er," concluding with the recessional RICH. SMOOTH, TASTY At AU "Modern" Dealer x f lHisiwuiy 1 1 in ill I ii i iisini mill 1 1 III I III r I' I II II II i Select a' Wy Player Piano ML That Is Right 5 help you in your choice. We offer only Player Pianos of real musical merit makes "which permit the expression of your individuality and reproduce with marvelous fidelity all the finer shades of touch and tone that the com posers intended for the perfect rendition of their masterpieces. We cordially invite your personal inspection. All makes of pianos taken in exchange at their real value, and convenient payment may be arranged for the balance. Write for handsomely illustrated catalogue. 304 OA ft ST. BETWEEN FFTf-f & SXTf-f. hvmn. "Peace. Perfect Peace," as the casket was borne from the. church. Men who had stood shoulder to shoul der with the dead statesman through out many a political campaign and men who had opposed him bitterly were pres ent. All were there to do him rever- .ni,A Th thrpfl hranr.hes of the state government were represented the Kx- ecutlve, oy uovernor vvnue, wnno nm n.mnrraHc Rtn.te committee, the Al bany County Bar, Association and the jvioany tjounty iemucinuu jdiciu v.nin - mlttee attenaea me lunerai jn a ouuj. The mourners who followed the body to the railway station included Dr. A. H. Hill, of Dexter, Mo., a brother; Law- Dr. Pierce's Favorite Prescription Is the best of all medicines for the cure of diseases, disorders and weaknesses peculiar to women. It is the only preparation of its kind devised by a regularly gradu ated physician an experienced and skilled specialist in the diseases of women. It is a safe medicine in any condition of the system. THE ONE REMEDY which contains no alcohol and no injurious habit-forming drugs and which creates no craving for such stimulants. THE ONE REMEDY so good that its maker are not afraid to print its every ingredient on each outside bottle - wrapper .and attest ts the truthfulness of the same under oath. It is sold by medicine dealers everywhere, and any dealer who hasn't it can ' get it. Don't take a substitute of unknown composition for this medicine op known composition. No counterfeit is as good as the genuine and the druggist who says something else is "just as good as Dr. Pierce's" is either mistaken or is trying to deceive yon for his own selfish benefit. Such a man is not to be trusted. He is trifling with your most priceless possession -your health may be- your life itself. Set that you get what you ask for. Best Grade Lump Coal $6.00 Per Ton Delivered to Any Address Within tie Cty Limits ef PortlanJ The Pacific Coal & Gas Company wish to announce to the public that they have sold the 900 tons of coal which they advertised they would sell at jo. 50 per ton, and the Company has decided to offer an addi tional 600 tons at 16.00 per ton on the same basis as that sold at 5.50 per ton, which was only two tons to each customer at this price and no orders will be accepted unless accompanied by the cash or check. We are making deliveries of our coal to those who have ordered, and we are printing for your Information some of the letters that have been written to us by those who are now using tho coal. We have many more on file In our office and would be pleased to show them to you that you may know the kind of coal this ia This order will positively cease as soon as the BOO tons have been sola and the price will then be advanced to $7.60 per ton. which price will remain in force for the balance of the Winter. If you wish to take advantage of this excellent opportunity to save several dollars per ton on your coal, you will have to act at once aa this 600 tons will be sold very rapidly. The following Is a copy of some of the letters: i. J. Folea. COMMERCIAL AND REALTY CO. OREGON OPPORTUKITIES. 403 Merchants Trust Building. Portland. Oregon. Phone Main 4078. Portland, Or., Oct. 7, 1910. Pacific Coal & Gas Co., 218-19 Commercial Club Bldg., Portland, Or. Gentlemen: I am very particular about the coal I use, always buying the highest grades. A friend told me about your offer of two tons at a low price as a test. I am very glad I availed myself of that offer and secured some of your coal. It is as good as any high-grade coal I bave ever used. It is clean. Bootless, leaves little ash, fires quickly and holds heat well. I consider that you have done me a great favor la the service you have rendered. I will most certainly want more of 1U You are at liberty to use this letter aa a sincere testimonial. Tours very truly, (Signed.) J- J. FOLEN. Portland, Or., Oct. 8, 1910. Pacific Coal & "Gas Co., Portland. Or. Gentlemen: In reply to yours of the 6th will say that after trying your coal that It Is a pleasure to me to recommend the same. It burns well and does not clinker and leaves little ash. It Is the best coal that I have used In Oregon and I can cheerfully recommend It. Sincerely yours, JAS. P. HAGADONE. Portland, Or., 9-16-1910. This Is to certify that the undersigned has purchased two tons of coal from the Pacific Coal & Gas Co. of Portland and have tested It In our kitchen range, and find it to be Just as recommended, first-class coal for a son coai. J. S. GREENFIELD. Main 191. Pacific Coal & Gas Company Boom 218, Commercial Club Building. Phone, Marshall 2581. Portland, Oregon. Insist upon having an instrument that does something more than merely grind out tunes. A visit to our enlarged Player Parlors will rence D. HiU, of Maiden, Mo., a nephew; Peter J. Man wilier, Mr. Hill's secretary, who had been associated with the Sena tor for eighteen years. The interment will take place in Mon tour Falls, Mr. Hill's birthplace, tomor row. Jones Can Practice. OREGONIAN NEWS BUREAU, Wash ington, Oct. 24. Horace TiUard Jones, dismissed special agent of the General Land Office, who became notorious dur ing the Baliinger-Pinchdt investigation last Spring, was today admitted to prac tice as attorney before the Interior De partment O. K. Fltzslmmons. 491 Patton Road. Office phone. mm f i