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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Nov. 18, 1910)
TTIE MOTCXIXO OTCEG0NIA FRIDAY, NOVEMBER 18, 1910. FEDERAL SUIT FOR LOST 530 nnn )UUU) Judge McCal! Finds Standard Oil Company of Indiana Not Guilty. REBATE LAW NOT EVADED Tourt's Knllng; I Tliat the Vnllnl State Failed. After Four Year, to Alter Evident-, and Contention "ot Proved. JACKSON". Tenn.. Nor. Jn a rultrg. which reni.ivd mlnufs to read. Jud;e Jo!.n II M.C!U In the United States Clr r ::t Court thin afternoon. end'd the ef fort of the Government to have as-w-wd against the Standard Oil Company of Indiana penalties a.rrsallr. more than .0t.a The ruilns Instru.-titir trat verdict of not icuilty be rendered, came with the condition of U.e case In chief of the prosicuiioa and In substance holds with the contention of the defense, that after four yeas, the Cnlted State had failed to bu.IJ Its structure of evidence other than tl.at then on Land. Th ESkins ar.tl-rt-bate l."w w.i violated. It in alleged, tiiroufti "scheme .and device." Court Kevleu Charges. Judse XlcCall. In tia rulln. first re views the Indictment altesation. Next he tak-ei up the testimony presented as tending to prove that the conelenments Hint were snipped on ordr received from the Standard Oil Cntnpany of Ken tucky by the o?indant company from their refinery at Whitlnc Ind.. to Grand Junction. Tenn.. "for beyond" with freight haric prepaid to Grand Junction and there tak?n "possession of by the Ken turky corporatlcn. lie points" out that the testimony pre sented "tnds to prove there u no understanding, expressed or Implied, direct or Indirect " between the defendant company and the Kentucky company with rerd to rate to be paid: that It was solely a business transaction between two corporation. Karly Ruling Recalled. Vp.n this statement of fact Judse M-n-11. recalled that he ruled early In Ilia trUl that the Indiana company should be held atxouuuble for the shipment so far as the transportation beyond Urano Junction waa concerned. -The uncontradicted testimony pre sented by the Government." the ruling; continue. "Is that In the period cov ered by the Indictment there waa a 1J cent rate from Whiting to Grand Junction for points beond and this rate was duly on file with the Inter state Commerce Commission, and was the leral rate. The testimony Is un contradicted that tb shipment cov ered by the Indictment were in carload lota from Whiting; to Grand Junction for beyond, and that the defendant paid this rate." Cropland's Response Quoted. Quoting the response of T. M. Croa land. an attache of the Interatate Com merce Commission, who waa recalled a a witness by the prosecution this morn-Iris-, to Interrogations of the court. Judge McCall point out that the wit ness held that the defendant company was authorized to us the 13-cent rate; that it was a legal rate, and that if Inquiry had been made of him by a shipper for the purpose of ascertaining the legal tariff, he wou'd have quoted that rate. Taking up the much-discussed blli.d billing." it waa held by the court that this was done by the carrier, "that there la nt one syllable of testimony tending to show the defendant company knew the carrier was bllnd-bllllng- the shipment. But if the defendant had known this how could that affect its rights to avail itself of the 13-cent rate which was filed with the Interatate Commerce Commission T beautiful spirals and figure eights. He made a beautiful landing, coming to the ground after a flight of 17 minutes so-chiiled he could hardly walk. While Iloxsey was soaring- high above them. Brooklns and Johnstone Dew around the course. Jumping Imaginary fences, dipping and turning, with machines under perfect control. Johnstone was tlrst in the air for the second IllKlits. He was followed a mo ment Uter bv lioxscy. but Broofctns had not slarted his machine w hen John stone's planes crumpled and his fall put an end to all night for the day. Oilier Ablator Dazed; 'Won't Talk. Seemlncly dsred bv the death of tlier . . ...it...e u . I urooklni nor I archie Hoxs'y could be induced to talk f the sad affair. Iloxsey nii nimseu awav and could not be found -tonight. Hrookina was rn by a representative of the Associated Pres. and begged not to be asked to discuss Johnstone death. Johnstone's exceptional caution Im pressed everybody who saw him here. He -eemed to love h' machine and watched over it a It it were a child. n-i... , .nr....K i.An ttre':tl!s that John s-.one's d-lre to omdo Hnxsey. after the latter had made lili wonderful fliaut for FLIGHT COSTS ONE LIFE Mwrttrme4 Ymm First Page. saw that Johnstone had fallen and guided hi machine directly over the bo-ly of his friend. He descended as soon ss he could bring hi plane to the ground and brushed the wreckage, where Walter Brookln helped to life the mangled body Into an automobile which brought It to tins city. f.rlzzly Bear In Funeral March. Many of the spectators were watching Iloxsey' flisht and did not ewe John tone's machine collapse, but a woman' hrU'k "Mr God. he' gone," drew every eye In time to see the doomed man dashed to death upon the ground. The band In the grandstand, blaring away under contract, never ceased to pluy. and JohnMone' body was driven out of the enclosure with the strain of "The Grizzly Bear." for a funeral march. It would seem that enough incidents had happened throughout the aviation meet here to warn the ill-fated aviator. Yesterday In alighting Johnstone broke the left wing of 'his machine against the fence. It was the same tip that gave way today and caused hi death. Today when be exarted on hi first fi ght, one of the wheels on the aero plane, which runs along the ground, gave way and he had to have It replaced. A he prepared to start for his last flight a fox terrier, that had broken through the fenne. stationed himself directly In front of the machine and barking frantically, refused to be driven away. A the machine rolled down the track one of the wings ewept over the dog. which pursued the machine until it lifted into the air. Johnstone Fooled by Altitude. In discusatnr his flights In this rare atmosphere yesterday with a representa tive of the Associated Press Johnston declared he would attempt no "stunts" here a he considered it too dangerous. Evidently he believed he bad solved the problems of this altitude when he de parted from his determination. Hoxser daring flight over the foot hill seemed to ore hun with a determi nation to outdo his teammate for tb first spiral which he made safely was bv far the most daring any of the avia tor bad attempted at this meet. IIoxey Makes Highest Flight. The flights today were productive of the highest flight ever made In this al titude. Arch Huxsey. the first of the Wright aviators In the air today, start ed out to explore the current of the npper levels, circling around the course, be mounted upward in gradu ally widening circles, unttt he wa fly ing far ever the foothill to the west and over the city to the north. It waa bitterly cold and ll-ll-T finally turned back, sweeotnr down in BITTER FIGHT TO BE THRESHED OUT Electrical Workers' Contro versy Eefore St. Louis Labor Convention. FRANK DUFFY TO BE HEARD AIR8HIP9 TOLL Or IFATH IS 1 IN TWO YEARS. 190, September IT Salfrldg. Lieuten ant Thms K-. U. S. A., killed In rail with Orrtll Wrtsht. near Waib- '""0,u ise. Slumber 7 Eoa Roost. Italian, killed In Boms In machine of ewa laventlon. September T Lefabvre. killed la Wright machine at Jualvy Bar Orag. Franca September iJ Frtr. Cap. Loots F, killed at Boulogne. Franc. TJtcember 6 Fernandez. Antonio. Spaniard, klllea at Nice, after motor January Deles-range. Leon, killed at Bordeaux. France. April Leblon. Herbert, klUad at tin ehaliau. Vpain. Hay 13 Mlcbelln. Cbauvetto. killed at Lxons. France. June 1" Speyer. Eugene, killed at San Francisco. June 1 Robl. . killed at Stet tin. Germany. July 8 Waehtar, Charles, killed at Rhelme. in Antoinette monoplane. June IS Rolls. Captain C. S.. killed at Bournemouth. England. August S Kln.t. Nicholas, a Bel gian, killed at Brussola. July 2i Klnet. Daniel, Bltan. killed at Ghent. September 2 PoIIlot. Edmund, killed near Chartrea. France. October 1 Hesa. killed at Mela Germany. September 24 Chauves. Q . died aa nsult of accident while crossing Alps- November IT Johnston. Ralph, killed at Denver. - endurance and altitude this afternoon, partly overcame his he.bit of extreme care and caused him to take unusual chance with the air. No word ha com from Mrs John stone, who was, commun'cated with at the Hotel Chamberlain. New York. John stone last addresw The aon to in Berlin. JOHXSTO.NFJ GAVE IEATII DARE "Ieon't AYorry About Me Being ln- Jnred." a!d Man Now Dead. lvAX3A3 CITY. Nov. 17.-When Ralph Johnstone, who we killed In an aero plane accident In Denver today, started to leave the home of W. M. Federznann, his uncle, here last Bunday, on his way to the scene of the aviation meet. Feder mann said: "I suppose ril receive a telegram one of thci days to com after your re mains." "Not mine," ald Johnstone. "When I make a flight I have my plan well laid. Before I leave the ground I know ex actly what I am going to do. , Don't worry about me being injured." Fedennann said tonight he would go to Denver and bring Johnstone's body here. The dead aviator wa born here SO years ago. His parent are oeaa. An Invalid sister, Mia May Johnstone, live In Moberly. Mo. Johnstone' wife and two children, a boy and girl, are In New York. Johnstone was a trick cyclist before he became an aviator. Fifteen year ago he used to entertain crowds on- the street by giving performance on a dilapidated cushion -tired bicycle. Fortune smiled upon him and he became the possessor of a real bicycle with pneumatic Ures. A few day later, unannounced, he rode sway and when next he came home he was in the employ of a vaudeville man agvr. He traveled extensively abroad, riving exhibition on hi bicycle. He met in Berlin- the girl who later became hi wife. Six month ago Johnstone, through Roy Knabenshue. secured an engagemeut with the Wright brother They liked hi work and a few weeks ago he signed a contract extending until January 1, 19LL Johnstone had the greatest confidence In his ability to keep the world's record for heighL lie said while here that If any one broke the world' record, which he held at the time of his death, he would go even higher. While Flies Despite 'Wind. PHILADELPHIA.. Nov. IT. Grahame Whlte. the English aviator. Inaugu rated the Aero Club of Pennsylvania's aviation meet here this afternoon, tak ing up his Farman biplane into a 16 mile breeze. The wind wa puffy and the aeroplane careened at perilous an gles as the aviator circled the track at 1'olnt Breeze, about 100 feet above the heads of the spectators. BUTTE WEIGHTS SHORT YonsT-o" record, says gov. ERNJIE.VT IXSFECTOR. Shortages Enormous and General Throughout Mores Public I Heavy I.oer in Batter. BUTTE. Mont, Nov. 17. (Special.) F. 8. Holbrook. of the bureau of stand ards of tb Department of Commerce and Labor, today In conference with Mayor Nevln said that after an Investi gation of foodstuffs sold by weight To the store of Butte he found the worst short weights in any case yet In which he had conducted Investigations. "The shortage are enornioua. In fact. I never saw anything like It in all my experience," declared Mr. Holbrook. Mr. Holbrook ha been In Butt several day quietly conducting ah Inquiry and lis preaenc today sm disclosed for the first time, his anrounceraent of the astounding conditions causing sensstloa among mercantile Interests. The public is being fleeced principally on butter, although eihort weights sre gen eral In the stores of Butte, according to Mr. Holbrook. From Bnn. Mr. flolbrook goes to Spo kane, Seattle and Portland. "Socialist" and "Regular" Divisions Each Clamors Actively for Rec ognition Io Angeles Fight Is Vp. T. LOUIS. Nov. 17. The electrlcal workers' union controversy, which for two years has caused the bitterest inter national strife In the history of the American Federation of Labor, 1 to be uiresnea out nnauy tomonaw. ite ion afternoon the convention made it a apo dal order of buaineca. Frank Duffy, general secretary of the Brotherhood of Carpenters and Joiners of America, precipitated the debate which resulted In the epeclal order, by requesting that his side of the con troversy b heard before he return to Indianapolis tomorrow night. After sev eral acrimonious speeches, this permis sion wa granted. The electrical-workers are divided Into two camps, the "socialiers" and the "regu lars," each clamoring for recognition by the Federation. The "regulars," number ing about 12,000. favor the Federation ad ministration, but back of the 27.000 "so cialists" is the almost unanimous support of the United Mlneworkers, the strongest labor union in the -world. I x)s Angeles .to Be Battleground. Job Harriman, attorney for the strikers In Los Angelea, delivered an Impassioned plea for support In the Los Angeles labor light. He charged the Huntington with responsibility for the labor difficulties in the California city and declared the Los Angeles Times disaster was the result of a ga explosion, for which labor could not be held to blame The matter of aiding the Los Angeles trades union In their fight Is in the hand of a committee which will report next week. It is eaid the Federation delegates are almost unanimous in sup port of a pro position to make the West ern city the battleground of the labor struggle In the United States. Airship Makers Want TTnlon. i.rTiiiTia hullrilns' is recognized a a new branch of the American Industry in a resolution presented to convention. The Carriage and Wagon-Worker- Interna tional Union of North America, In a petition to the reoperation, sei lonn. the decline of the carriage and wagon kiilMinir Industry and stated that it was due to the automobile and the aeroplane. The members therefore asked thst their charter be broadened to include the trades engaged in building those new agencies of transportation. The new name which the union desires is . r.,i.iu.. ix'umn Automobile and Aeroplane-Wo'rkers' International Union of North America Hie petition was re ferred to a committee. nth pAcnhttinni which have been presented to the committee and which are causing discussion among the dele gates are those proposing old-age pen- ion measures ana opposing increases freight rates. The pension proposal is that Congress shall be asked by the Federation to ..., i . n-m nrnvldluir for Densions for married workers over 60 years of ag who are without means ana out oi em ployment. The amount suggested is 130 . v. Th. nt. r.mil lit ion set forth that the roads are now making large Ivldends ana cans ior me wppoinimeui .nmmlrt.A nf five to investigate and set the matter before the public ESTRADA EXPELS RIOTERS Anti-American Dlstnrbers Are Ban ished IVom Nicaragua. THE GREATEST SALE IN OUR CAREER Corner Fourth and Morrison Our $200,000 Stock of Furs, Coats, Suits and Hats at lA PRICE Today Third Day of Our Great met Asielversary Sale EVERY GARMENT MARKED IN PLAIN FIGURES REMEMBER! Anybody Can Buy FIND JUST WHAT YOU WANT AND THEN CUT THE PRICE IN TWO FU COAI MILLINERY I! msi witftl PRICE Only one garment in each department sold to each customer. WASHINGTON. Nov. 17. The Liberal leader, alleged to be responsible for the anti-American riot at Leon, Nicaragua, were expelled from the country today by Prexldent Kstrsda, according to a tele gram received by the State Department from Thomas B. Moffatt, United States Consul at Bluefields. The men expelled are Zelodon and Mal donado Zolaya. Games and Barreto. United State Consul Clivares at Ma nagua today telegraphed the State De partment that ho had completed his In vestigation of the anti-American out break at Leon, and that, he believed the Government authorities now had the situation well In hand. Charles Trtler. the American boy who waa injured in Sunday's riots, was shot by a soldier as a result of mistaken iden tity, the corsul reports. Tor the boy did not participate In the disturbance. The consul confirms the report that the trouble was Inaugurated by the Liberals, who. Incited by the Incendiary uttrrance of their preen, insist upon 'holding antl American demonstrations. SPROULE MADE PRESIDENT Humble Beginning Ends in Head of Wells Fargo Express Company. NEW YORK, Nov. 17. William Sproule, chief of the traffic department of the Guggenheim Mining & Smelting interests, wa elected a director and president of the Wella-Fargo Express Company to day, succeeding the late Colonel Dudley Evans. Mr. Sproule is familiar with the traffic conditions on the Pacific Coast. He 1 a native of Ireland and began life In this country in a bumble capacity with the American New Company. i-redVrlck D. Underwood, president of the Erie Railroad, who has been manag ing director of the Wells-Kargo Company snce the death of Colonel Evans, re signed today, but will retain his mem bership on the board. It is reported that T. N. Schumacher, assistant traffic manager of the Harri man line, In Chicago; will succeed Mr. Sproule as traffic manager of the Gug genheim companies!. HUNT FATAL; MAN SUICIDE Ximrod Mistake Cousin for Deer and aa Consin Pics, Shoots Self. BAULT BTE. MARIE Mich, Nov. 17. True Smith, 12 year old, wa found to day to the wood nciy here, d'ad from a avlf-lnfllcted wound. Nearby his cou.-4a Samuel, lo years, old. lay dying from a shot believed to have been fired by True. Circumstances indicate that the latter mistook his cousin for a deer and, aftor realising hi mistake, took hla own Ufa Usually this store finds itself equal to any demand,' however great, the public makes upon its resources, yet the last two days proved to be the exception to the rule. Silverfield's apologizes to the many women whom we were utterly unable to ' serve on these two days. There will be another record-breakiiig day today, but with the extra a addition to our regular selling force we snouia be able to extend the care and attention typical of this painstaking establishment. Extra. Help hHK SUITS There is something different to dis tingush. every model; something to lend that touch' of exclusiveness which the high-class modiste aims to attain in made-to-measure ap parel. Suits, Coats, Dresses, Gowns, and Wraps.' ALL AT y2 PRICE Every garment marked In plain figures. FURS We show the largest stock of furs on the Coast. Our factory is one of the largest and maintains its high reputation for executing and de signing Coats, Neckwear and Muffs in the most exclusive models and choicest selection of skins; and dur ing this sale only - ALL AT PRICE Every garment marked in plain figures. Millinery We are splendidly equipped to meet your millinery wants, showing a large variety of choice imported pattern and ready-to-wear Hats. AND ALL AT 12 PRICE Every hat marked in plain figures. I ' ' ' i BSBaSJBBBJBSSBaJBSSMB ARIZONA WILL BE WET PROHIBITION" ANTJ SUFFRAGE ROUTED IN NEW STATE. Constitution Being- Framed Will Go to Voters, Minus Provision v for Special Votes. PHOENIX, Aria. Nov. 17. The consti tution now being framed for the Slate of Arizona will go before the people for ratification without the separate subm's sion of any contemplated provision, the constitutional convention rejecting today , i & .til, twn matters nroDoaed to be voted upon separately statewide prohi bition and woman sun rage. Both were easily defeated, the majority I r lt i V v, . rejection being adopted In each Instance that of prohibition by a vote or a to 10, woman suffrage 30 to 19. -(.., xrKiiitlAilta arM siifTraa-lata iua . i j x 1.......... . - 1 . thronged the galleries of the convention hall in anticipation or. a iirwuuis ub bate, but disappointment wa manifested both at the mildness oX the sSeechea and tne overwneiminsr uw aiu. v" urea , It was the second time the hope of the Prohibitionists were ehattered, the first time beng the defeat of county option. It was the third time the suffragists have failed to obtain concession from tb con vention. Both matters ar now con sidered definitely settled. Dr. S. r-opo Dead. ROSE BURG, Or, Nov. IT. (Special.) Dr. 8. Pope, for more than 26 years a resident of Douglas County, died at his home In Camas Valley yesterday, after a lingering illness. He was a native of Montana, and came to Kose burg in 1885. Here he remained two years, when he moved to Brockway, and thence to Camas Valley, where he has since lived. WET WEATHER Can You Ask More? We are so confident' that we can furnish relief for Indigestion and dys pepsia that we promise to supply the medicine free of all cost to every one who uses it according to directions who la not perfectly satisfied with the re sults. We exact no promises and put no one under any obligation whatever. Surely nothing could be fairer. We are located right here where you live, and our reputation should be sufficient assurance of the genuineness of our offer. s We want every one who is troubled with Indigestion or dyspepsia in any form to come to our store and get a box of Reiall s Dyspepsia Tablets. Take them home,' and give them a reason able trial, according to directions. They are very pleasant to take; they soothe the Irritable stomach, strengthen and Invigorate the digestive organs, pro mote a healthy and natural bowel action, almost Immediately relieve nausea and stomach Irritation, produce healthy digestion and assimilation, and promote nutrition. Three sizes, 25c 60c and $1.00. Remember you ran obtain Rexall Remedies only st The Owl Drug Co.. Inc.. corner Tta and Wash ington sts. FOR THE WHOLE FAMILY SSSSSSeSBBBJSBBaSSBBSB. AT BBaBBBBaaBsBaBSBBBaBBBBBSBSBSBsJSHSM CUl ICE Cut Price 95c Pr. LADIES' GENUINE FELT JULIETS Brown and black, trimmed with real fur. Other CI 05 stores ask f X mtJ SS Is V via a Cut PmiA 9 51.50 in ' Boys' So id Leather School Shoes Sues 9 to 12 $1.50 Sizes 12Va to 2 81.75 6ies 2i2 to 6 $1.95 Boys' Unlined Kangaroo Calf Wei Weather Shoes. Sizes 12Va to 2 $1.85 Sixes 2i2 to 6.. .-G2.15 GOODYEAR SHOE CO. 146 4th St. Between Alder and Morrison. Sign of the Big Shoe Remember Our Shoe Repair Factory When Ton Need Us. We Call and Deliver FREE OF CHARGE Both Phones. A and M. 2031 ICte i Cut Price I M $4.85 """"'ailn '" " ' Latest Fad in Velvet Button Boots Made of imported velours, hand welted, extended soles, short vamps, brown and black. Sold everywhere at $6.00 and S7.00. Cut Price Ladies' Short Vamp Button Boots Ounmetal, patents and vicl kid; high, Cuban or medium heels. r, DIKS TAX CALF BVTTOX OR BLliCHERSt high. Cubau or low common-sense heel. Our tfjo OC cut price. 9JJJ I