4 VOL. I.. NO. 15,612. COURT FINDS 1L Government Loses All But One Case. SINGLE "TRUST" IS LOCATED Interests Not Compelled to Change Prices of Fuel. RAILROADS HELD INNOCENT afudr Derides Iiln Snch Are No In Monopoly Plot, bnt That One Concern They Own la ln Uwtol Cas to Go Higher. PHItAPET-rmA. Dec . The Cnlted frtat Circuit Court for ths East Dle trlet of Pennsylvania today found that there la no general conspiracy imotif ti-s anthracite carrylne; roads to re strain romntrto, to monopollxe trade or to maintain certain prlcea. but It did decl-I that the Temple Iron Company la a combination of anthracite coal carrying railroads In Tlolatlon of the Fharman Anti-trust Law. The court rranted tha prayer of the Gortrnmtnt for an Injunction, restrain ing that corporation from continuing violations of the act. The aura and substance le that the Government wine only one of several polnta that In the Temple Iron Company case and that the defendants will not be compelled to chance the present prices of coal. Three Optnlona Differ. The caae waa beard by Judges George Cray. Joseph Bufflnirton and William l. Lanntng. last February. These opin ions were handed down late thla after r.oon and each differs from the others. Judge Gray dtmlaed all of the Oe-rnn-.ent'a charges except that relating to the Temple Iron Company, which tie sustains. Judgs Bufflnirton dlamlaaed all the charge except the one against the Tem ple Iron Company and one relating to the 15 per cent contract existing between the big corporatlona and the Independ ent coal companies. He sustained the ehaiT" of violation of law on these two foists Lsnntog Dismisses All. udae Lanntng dismissed all the con tentions made by the Government. The suit waa filed in June. 1907. during president Roosevelt's administration. The defendants included tha Reading Company, the Philadelphia & Reading Railway, the Lehigh Valley Railroad, the lelaware. Lackawanna A Western Rail road, the Central Railroad of New Jer sey, the Erie Railroad, the new Suaeque lanna Western" Railroad, the Phila delphia Reading Coal Ac Iron Company, tha Lehigh Valley Coal Company, the Temple A WUkesbarre Coal Company, the Pennsylvania Coal Company, the MitiaM rl A Iron Company, the New m I m 1 I Ik - lirTa.Vl. L j M X .JL -A - - CONSPIRACY Tork. Susquehanna Western Coal I of tna snglneera and firemen waa re Company, the Temple Iron Company and That tha engineers saved about 4 so-called lnaepeuaem cuu .u- . fanles. Three Koads "ol Involved. The three other anthracite roads were rot involved m the suit as they were not competitors In carrying anthraclts to tidewater. They are the Pennsylvania, the New Tork A Northwestern and the Delaware Hudson. The theory of the Government's rase was that all defendants had long teen parties to a general conspiracy which stifled competition In anthracite coaL The independent coal companies were brought Into the case through the so called ti per cent contract transaction. Tha lndependenta sell their product to tha big companlas for ti per cent of the price the big companies receive for It at tidewater. Independents llelpless. Charge. The Government contended that the Independents were forced into making these contracts because there was no other way to get their coal to market. If ths bis; companies chose to discrim inate against them In the matter of cars snd rales. The Judge. In taking up the matter f the 41 per cent contracts, concludes that they ars not a violation of Inter state commerce. These contracts." Judge Gray says. wre clearly intrastate and not Inter State. In their character. They were nmoi.t. when the coal was delivered at tae mines . O. B- to the buyer. I They did not control or anecu except Indirectly a:id Incidentally. Interstate commerce, much less did they suppress sr restrain such commerce." No General Conspiracy Seen. Taking up the matter of a general conspiracy among tie defendants. Judgs Gray saja: -A careful consideration of the argu ment and brief of counsel tor the Gov ernment does not convince us that the evidence discloses say such general contract, combination or conspiracy among ths defendants for ths restraint f trade or commerce In ths aeveral ststea, or to monopolise any part of 4he trade or commerce among the same." Judge Gray then takes up tha matter st the Temple Iron Company. It appeared from tha testimony In ICsaciuded ea Face a.) JAPAN WARNED TO PREPARE FOR WAR CLASH WITH rXITF-D STATES PREDICTED IN TORIO. Anonymoo. VIoe-Admlral Is Quoted In Mtrcr Saying; Nippon Must Bo Ready for Inevitable. vinviBiL B. c- Dec . That Japan . , war with the United Etates la tha text of an article puWUhed by tn Toklo Nippon and received tooay by the ateamer Tamba. Maru. The Nippon quotes an anonyn.uu- -o- aneeo Vice-Admiral as ") i"" aver regrettable the fact may oe. n none the less Incontrovertible that a else between Japan and a Western power comes chiefly from Americas attitude. t ..in rtn statesmen and enlightened publicists on each side preach the neces sity and demonstrate me r."j tual friendship." says the Nippon. Kc the leas from time to time and even with growing Iteration, come rrora we l.'""" .tHT, of hostility which at any moment may develop a strength too great for official control. 'Japan must be prepared jor m tlngency. She must ask herseir wnai. objective this element of I'mied. Btates citlsens have In view when they advocate the expenditure of enormous sums for furnishing the Paclflo with a, big fleet; creating s. powerful army on the Pacific Slope; of building a huge coal depot and naval station In Hawaii and of fortifying the rhlllpploes. Hawaii and i-anama. t-- mil., u Janan may be to believe In any quarrel with her old friend. It would be madness for her to shut her eyes to facts which stare her In the face.- TYPIST WEDS RICH MAN Cn airman of Postal TrJegrapn Hoard to Marry at 70. SEW YORK. Dec. t. Albert Brown cv..ju. ts ur. old. of Brooklyn, chairman of the board of dlrectora of the Postal Telegraph Company, oo . . - nn.. tn.t.v to marry Miss uunru ... " - Mildred Vivian. SS years old. Miss Vivian came to New Tor from Lexington. Mo, and met Mr. Chandler .v... .h -K.a . stenographer In the employ of the Postal Telegraph Com pany. The date of the wedding was not announced, but It may be held privately. Mr. Chandler has a record as a wea rapher during the Civil War times, waa . frln. of the late Thomas T. Eckert. and has been Identified with tha Postal Telegraph Company con tinuously alnco Its organization In 1884. He la a director In many banka and corporations and. bestdea hla resi dence In Brooklyn, haa a Summer home In Massachusetts. ENGINEERS SAVE TRAIN Prompt Action Prevents Conches From Plunging; Over Trestle. EVERETT. WasK. Deo. 8 (Special) Despite the fact that Great Northern train No. t was derailed on a 400-foot trestle east of Skykomlsh today by a broken rail, one Pullman alone remaining on the track, only one man was Injured to any extent, receiving a broken wrist. The prompt action of Engineers Calder and Graham In bringing the train to a standi till Instead of Jumping, was all that saved the train from being plunged Into a canyon hundreds of feet below. The first engine was left with the pilot lokinv over a bridge and the escape KQrM o peopIa from death and serious Injury is certain, rvone waa nun sui flclently to go 'to a hospital. DEAD MOURNED; MAN DIES Marlon W. Roberts Grieves to Death Over Brother's Tragic End. niTTrw Or Dfc 8. (9pecial. Marlon W. Roberts, one of the well-known farm- era In the southern part or Marlon coun ty, died today, after grieving many weeka over the death of his brother. J. E. Roberts, who was murdered on the re form school bridge near this city. Brlght's disease Is) given as the direct cause of bis death, but relatives declare he lost health from the moment he heard of the tragedy, ilr. Roberts waa M yeara ot ge. He Is survived by a widow snd three anna C M. Roberts, of Ealem v.rl snd Ernest Roberts. botU of Turner. FIRE PURSUES AUTO FIRM Two Machines Are Damaged names In One Xl-ht- hj in luck Dursued ths Harrtooa Auto Uvery Company last right, two of Its machines being damaged by r.re witnin an, of ' i hours. . At a o'clock last evening, a CWO touring car belonging to ths company caught fire near tha ten-mile post on Base Line road and was damaged to ths extent or xaro. At o'clock this morning, ths Firs Department responded to an alarm turned In at Sixth and 'Washington, streets to quench a blase In a landau lot car, caused from a back firs. Ths loss on this machine was nominal. TURKISH COUP RUMORED Military Dictatorship at Constanti nople Is Not Confirmed. LONDON. Deo. 8. According to spe cial dispatches, rumors have reached Berlin and Vienna of a projected coup at Constantinople to establish a mili tary dictatorship. No confirmation of this report has bean received hers. CHURCH GETS BULK OP EDDY FORTUNE Board of Directors to Control Bequest. SON DOES NOT GET CENT Instruction of Poor Persons in Science Is Recommended. COUSIN GETS KEEPSAKE Members of Household Staff for Six Yours Receive) Bequests of From $1000 to $10,000 and ex-Con-gressmaxt Is Administrator. BOSTON, Xw, Dec. 8. Opelcal.V The terms of the will of Mrs. Mary Bakar CI. Eddy were learned hers late tonight. To the Christian Science Church, the source from whloh It came, goes the bulk of her estate, which. Inclusive of the value of copyrights. Is about tl.fJO.O0a Thla part of the estate, which will be about C.000.000, is under the terms of the will to be devoted to the propagation of the faith. To the board of dlrectora Is left the final decision as to the form which this bequest will tales; but In her will Mrs. Eddy has left several suggestions snd it Is said the principal one relates to the Instruction of needy persons who may desire to become Christian Science healers. The construction of a college for Indigent students may be the outcome of this provision of the will, but It Is con sidered equally probable that the bequest will be devoted to the spreading of the faith in foreign lands. Ideas among both these lines are said to have been Included In the wilL Mother Church Gets Balk. Other provisions of the will are as follows: The estate at Chestnut Hill Is be queathed to the Mother Cburch. Its fu ture will be determined by the board of directors. The house numbered 3S6 Commonwealth avenue also beoomee the property of the church. It Is the residence of Judge Clifford P. Smith, the first reader, and la next door to the residence which Mra Eddy deeded to the church but retained a life Interest. 'Pleasant View, the splendid estate at Concord, N. H.. where Mra Eddy made her home before coming to Chestnut Hill, la to be sold. The will specifies the administrator of the estate must sell Pleasant View, either at private sale or auction. The administrator of the estats is ex-Con gressman Henry M. Baker, of Bow, N. H. He was the favorite relative of Mra Eddy and she affectionately called him "Cousin Henry," but all he gets under the terms of the will Is, a keepsake. something that will be valuable merely as a remembrance. Members of Mns. Eddy's household are (Concluded on Page 4.) . nTM-rnv t?TcIT.V. DECEMBER 9. 1910. 'I I 1 INDEX OF TODAY'S NEWS Th Weather. TEFTERDAT'S Maximum temperature, 52 decrees: minimum. 46 degree. TODAT'S Occasionsl rain; cooler: westerly winds. Foreign. Anonrmooi Jsnsnese Vlce-AflTilrai. Toklo newnpaper. warns country i' v pare for war with United State.. Page ' Chinese throne arcedei to popular oemanu for constitutional Cabinet. Page 1. Britlrh elections bring practically no change in poaiuon ol parties, rase o. National. Panics no longer necessary, or even respect able, says MacVeagh. Page T. President calls Cabinet to consider Bnprsma Court appointments. Page 10. Champ Clark predicts approval of redsraJ irovernment or mianu - ' - House of Representative. Page T. Government loses all but en of cases charging conspiracy in rwi.iui v. tnraclte coal trade. Page 1. Poll tics. In proposed reapportionment of ecmS?frr Slonal dtstneta. aiui"omaii to RepreMntaUv. Pag a. Visiting Iowan predicts nomination of Cum mins tor President, rag . Wood row Wilson calls on New Jrssy leg islature to sleet direct primary onoio. &nator. Page 2. Domestic. Witness In Wattle I Blane trial says Mrs. Glover threatened to snoot t.- K Rscetrack men have poor mmori at graft Inquiry. Pag 1. Fifteen Celestial stowaways entering San Francisco successfully. Immigration iu" double Tlsllanee over steamers. Pag - Lou Kita Smith accuses sanitarium pro prietor on stand. Pag &. Spokane's eanau 104,402. lncress of 188 per cant. ag . Mrs. Eddys will bequests bulk of stst t Mother Churon. Fag I. Sports.' Msnv members of Multnomsh Club go to beech tomorrow to atttsna wmueu - i.lnmlnf race. Pas 8. Neal Rail doesn't want to play ball with Portland team. Pag . Commevelal and Marine- Potato shipping season has opened. Page 23. Eteady derlln in Chicago wheat market. Pag 23. Stocks clos at best prices of day. Page 23. Holiday orders for applea Pag i. Pavclne Northwest. Hhridenee In T.a arand murrttr case proves most contrsdictory. Pag e. Man onfe to murder of woman who was thought killed by train. Page 1. Han Patterson, former ehorus-gtrl. tried for murder of Cseaer Young, is the bride of Captain 6umnar Preecott. residing at eeattl. Pag "Wts" msk noisy demonstration at Steila- eoom. Psg 6. Portland and Vtclntty. L. p. T,lmertck's entry takes blue ribbon In fit gam class st in poultry snow, ag IS." Port of Portland Commission win issu 10.- OOO of S oer cent bonds. Page 22. Ben Francisco banker says Psnama Canal will do much to build up Pacific Coast. Pag IS. Modlnratlons of liquor llcens ordlnsnc dls use4 by Council commute. Psg 17. Accused "slaver" sent to roykpils for msal- mura trm. rsg . uii.,it1im mnd is said to b vlannlnc n trace to Portland by Chatt lln and traffic arreement. Pag 18. . Chief of Police Cox warns hotelkecpers to einel undesirable women. Page 14. Woman's yell In courtroom stirs audience st Kersh murder trial, rag Mt' Hood Railway will aak of Council permit to cross sld streets. Pag la Oood roads advocates propose tax on auto mobiles. Peg . Poatoffle site not yt mad public. Pag 4, Commercial Club would bring urban home- seekers from East, rsg iw. NINE NEED SIGM VERDICT Damage Case Arises Under New Law Recently Insecd. For the first time In the history of the Multnomah County Circuit -ourt a n.-.a Instructed yesterday that only nine of the Jurora need sign the verdict. Thla Instruction was given by Circuit Judge Hamilton In the case of George K. Kunitake against Albert Bahl. under the law passed at the last general elec tion, requiring only a three-fourth ver dict. Kunitake. a Japanese, sued Bahl, a Ger man farmer, for 113,907 damages, alleging Bahl set fire to a slashing, and caused .i nindmini Gresham fire last August. icrgs part of Kuni take's cord wood was burned. The Jury was Instructed to re turn a sealed vemioi "HEBE!" CHINA ADVANCES THER STRIDE Creation of Cabinet to End Absolutism.. PROGRAMME IS PROGRESSIVE Revolution Under Forms of Law Seems Successful. PEOPLE ARE UNDISMAYED Throne Cannot Overawe Spirit of Liberty In Senate and Leaders From Provinces Evince De termination to Succeed. PEKW. Deo. 8. It seems aafe to an- nnnniu that the ancient absolute regime In China will exist only histor ically after the Chinese New Tear In January, mi. It Is stated that the throne has decided to accede to tne resolution of the Imperial Senats pray ing for the immediate creation of a constitutional Cabinet. vniitiAfli aveintji in China have moved with a rapidity that appears almost revolutionary when It Is considered that the provincial assemblies repre senting the first step toward popular government in the umpire s nistory ui thousands of years were Inaugurated ao recently as October 14. 1909. The first Imperial Senate met Octo ber t last. Tk late TCmnresi Dowasrer decreed that a general representative legisla tive body, to be known as tne imperial Parliament, be convoked In 1916, at the end of a nine-year period of prepara tion. Taste Increases Ambition. TTnwevar. the Deonle, having had a taste of popular government, were Im patient and the senate, soon alter it was organized, demanded the Immediate convocation of a general Parliament. The throne and grand council yielded to the extent of advancing the date for the In auguration of Parliament to 191S, a de cree making this effective being promul- gated November 4. It waa at first thought that the Sen ate, one-half of the membership of which was appointed by the throne, would be subservient, but early In Its ex istence It developed a striking Independ ence and exhibited a spirit almost re bellious. Leaders Not Discouraged. "When a few weeka ago this attitude was changed the general belief was that the body had been Intimidated. An in creased number of troops in the streets was mistaken as an evidence of the gov ernment's determination to suppress the activities of the provincial delegates and ti1r annnnrterS. It appears now that these and others nrs-ed a still earlier meeting or Parliament had no Intention of abandon ing their campaign but simply altered their tactics and embarked upon a' plan of private though undoubtedly forceful persuasion. AO MAN SAYS HE IS WOMAN'S SLAYER SHE IS THOUGHT TRAIN'S VIC TIM UNTIL HE SPEAKS. Native of Switzerland Declares He SInrdered Her When' She Refused to Give Him Fifty Cents. MEDFORD, Or., Dec. 8. (Special.) Besides tha Southern Paclflo tracks a mile sooth of Medford there was found, yesterday morning, the body of a woman and It was supposed that she had been killed by a train, until, to night, E. G. Brooks, a native of Switz erland, surrendered himself to the local police and confessed that he had mur dered her because she refused to give him 80 cents. The dead woman has been Identified as Mrs. Belle Ellis, and when found she was lying beside the ties, her face lying in the blood which oozed from a wound In her bead Immediately the conclusion was reached by the authori ties that she had been struck by the Shasta Limited, and the story of her murder would never have been known had not Brooks' conscience led him to confess. Broke told the police tonight that he met the woman on the track, in the darkness early Wednesday morning and asked her to give him 60 cents. "When ahe refused, he says, te pulled a ham mer from his pocket and hit her over the head. Then he threw the hammer away. The woman did not speak afterward, he said. Be searched her clothing and found 1S In ber stocking. He put the money In his pocket and walked to Medford. He cams here from Albany and says he has a brother living In Dldsburg, Alberta, Canada. The murdered woman was seen on the streets of Medford several . days ago. She continually made Inquiries for a man named "Fred" and acted as If ahe was drunk. Ordered .off the streets by the police, she started to ward the depot. TRAINS GET LUNCH CARS Southern Pacific Will Pnt Counter and Stools on Board. SACRAMENTO, Cel., Dec. 8. Spe claL) The Southern Pacific will soon commence building here a lunch car, one of several the company will in b tall on its system. The car will have a kitchen and the lunch counter will run around the sides. They will be along the interior plan of the lunch counter in the ferry boat Solano. High-backed revolving chairs will be used. The car will be a decided innovation In the way of supply ing food to the hungry who have not sufficient means to patronise the Pull man cars on the trains. The Rnuthern Pacific has another novel project in sight. It will wltiln the next week give a complete railroad men's ex. amlnation to 28 prominent business men and as many newspaper men for the purpose of giving a practical demonstra tion of the manner in which the com pany's employes are put through the course of sprouts. BOYS' JOKE N0J0KE AT ALL Stockton Youths Sued for $5000 as Result of Prank. STOCKTON, Cal., Dee, 8. (Special.) Efforts of boys to frighten Noah E. Crewdson, of this place, by a trick is proving far more than a Joke in th Superior Court of San Joaquin county. He is suing seven boys, or their par- ents, for J5000, due to an alleged seri ous Joke the boys played upon him. All the boys are of respeotable parents. He sets forth In his complaint that they caused him much mental anguish and that his health was greatly injured by certain acts. From the testimony presented today It appears Crewdson was employed in an orchard near Lln fled, and that the youths informed him that a man had escaped from an asy lum, and was liable to appear at any time where Crewdson was employed. One of them impersonated the sup posed crazy man, with the result that Crewdson was given a fright. LUCY WHITE HAYES WEDS Crowned Daughter of Confederacy Makes Mining: Engineer Husband COLORADO SPRINGS, Colo., Dec 8. Miss Lucy "White Hayes, daughter of Joel Addison Hayes and the late Mrs.. Margaret Howell Jefferson Davis Hayes, 'who, following her mother's death sev eral months ago, was crowned Daugh ter of the Confederacy, was married to night In St. Stephen's Episcopal Church to George Bower Young, of Flacervllle, Colo. Mr. Toung Is the son of the late Har vey Young, the famous painter, who died in this city about nine years ago. The Rev. A. M. Taft, rector of St. Btephen's Church, officiated. After the ceremony there waa a re ception at the Hayes residence. Mr. and Mrs. Young will go direct to Placerville, Colo., where they will live, and where Mr. Young is a prominent mining engin eer. BAD EGGS BACTERIA ALIVE Over 150,000,000 Germs to Cubic Centimeter In Seizure. KANSAS CITY. Dec. 8 The Govern ment today seized 176 cases of eggs which had been shipped from Dallas, Tex., to a local candy company after a chemical analysis showed that they were spoiled. They contained 150,000,000 bacteria to the oubio contimeter, the analysis snowed. - PRICE FJVE CENTS. RACETRACK W$ MEMORIES BLANK Graft Inquiry Fails to Trace $20,000 Item. BOOKMAKERS KEEP NO BOOKS "Legal Expenses" Allowed Without Question or Voucher. CASH BORROWED TO PAY Item of $250 for Missionary Work Among Ministers Appears Bet ting by Women Is Stopped After Protest Is Made, NEW TORK, Dec. 8. Missing book missing witnesses, faulty memories and the easy-going methods of the Metro politan Turf Association (the book makers' organization) netted the mills jot the Joint legislative committee only a meager grist of new facts today. Isalore Kresel. assistant counsel for the committee, tried to get John J. Evans, treasurer of the Metropolitan Turf Association, to explain the origin of 820,000 deposited to the credit of ths association with the Mutual Bank. He had little success. Amasa Thornton, a New York law yer, who spread the pro-racing views of certain clergymen, according to August Belmont's testimony yesterday. told how he earned a fee of $250 from the Westchester Racing Association. Richard T. Wilson, Jr., president of the Saratoga Racing Association since 1909, explained that ho did not take office until after the Hughes anti-racing programma had been carried through and that, therefore, ho knew nothing of the activities of the associa tion in 1908. when the books of the as sociation show that It spent 818.B44 for legal services, as against JJ185 the year previous and 88750 the year fol lowing. Treasurer Has No Records. John J. Evans, of the Bookmakers" Association, was the most important witness of the day. He repeated again and again that as treasurer he kept no books and no correspondence and that he could not be expected to re member where all the money went that passed through his hands, or where it came from. He did keep a check book and a bank pass book, and the entries and stubs in these gave the Assistant District Attorney hints for mot of his questions. Mr. Kresel, for Instance, sought to find out about a payment of 14600 to Edward Burke, chairman of tha As sociation. "The way 1 did was this:" explained Evans. "We were at the trac. and were talking about the way business was going and he said: 'John, I got a bill for e4500, and I wish you would give me the money.' "Legal Expenses" Paid. " 'All right; whYt fori' I asked. " "Legal expenses.' says he. " "When do you want itf " "Want it now.' " 'Check or cashT " "Want cash.' 1 went and borrowed the cash from a man at the track and gave it to him." Burke Is now In Havana. Evans did not know why he went. "Never had asked him or when he would be back," he said. "Burke," he added, "was a very uncertain man." Item of $20,000 Forgotten. "1 don't know," replied the witness, after some parleying. "Isn't It a fact that $20,000 was col lected as a result of a special assess ment?" "Not as far as I know." The witness said he would try to find out. He admitted that the day after the $20,000 was deposited he took out a deposit slip for $15,000 for counsel fees. Evans admitted payments of $12,d00 to other attorneys, but said this was not for fighting the racetrack bills but to look after members of the asso ciation who might be arrested. It was made to appear from pay ment Of loans to the Mutual Bank that in 1908 the bookmakers' association borrowed about $19,500 In 'two loans, one of $12,000 and one of $7500. But it was impossible to prove this, be cause a ledger containing the book makers' association accounts for 1908 had been lost. Betting by Women Stopped. Thornton, who testified concerning his dealings with ministers, said: "In a conversation with several min isters In the Fall of 1906 the question came up of the conduct of. racing at Aqueduct. The secretary of one of these ministers suggested I go down there. I found some 2500 women and 1000 men there. I did not like the way the crowds were acting, especially the women. I went back to the church people and reported to them. "I knew Mr. Belmont and told him of conditions as I found them. I told him I thought If the messengers were taken from the grandstands so thai women could not bet, a good thing would tie done. This was done In 1907. "One day in the Fall of 1908 I callec at Mr. Belmont's offloe at his request I saw some ministers and I mads ra forts back to Mr. .Belmont T - -