THE MORNING OKEOOXIAX. TUESDAY, MARCH 23. 1911. Ohio River transfers- 2 cents a hundred. The lumber company asked reparation on shipments ot 2 cents a hundred. In denying the request, the Commission held: "That, without deciding whether this railroad owned and operated by the lumber company Is a common carrier, upon the facts appearing In operations in hauling company material for the lumber company It can be considered bv this Commission only as a plain facility. "That, considering for the purpose of this case, the advance of 2 cents per 100 pounds on yellow pine lumber was unreasonable and unjust, the com plainant lumber company Is not en titled to any reparation thereon, for the reason that It has never paid the advance. "That, if the railroad or the lumber company should be held to be a com mon carrier, as the complainant con tetnds It should. In such case It cannot be heard to complain of the advance In rates because It had concurred tacitly and explicitly In such advance." CLAUSE ATTACKED AUTHORITIES JOIN TO FIX FIRE BLAME "WIFE OF RICH MEDICINE MAN WHO SPURNED HIS INDUCE MENT Of 75.000 TO LEAVE STAGE. FROM BOTH SIDES Validity of Long-and-Short Haul Commerce Provi sion Denied. Inquiries Into Mew York's Horror May Lead to Prosecutions. SPOKANE JOINS RAILROADS BUILDING ITSELF WITNESS t : : : V ' 3i It Condlilun Tells Grand Jur of Absence of Fm-aallon Bodies of S3 Not Iiirnllflcd Pnnrf als till Kat Side. NEW YORK. W.rrh !7. Fixing tha t'ame for the ln. uf 141 lire In the Washington- Square Are of Saturday drew to a lu today the energies of the Itlstrlrt Attorney's staff, the Fire Marshal, the (oron-r. the State La bor Lepartmrnt and HorouKh ITealdent MrAneny. of Manhattan. loxor.s of InTvstiicators collected available Information. Grand Jurymen turned personal protw) and an addi tional grand Jury In a formal resolution presented to the court of General Ses sion. ofT.tred aid to the District At torney and declared that someone should be prosecuted for the disaster. What the Investigators found evi dence that doors at exits swung; In ward; t-.e crumpled lire escape In the air shift, the one fire escape blocked by Iron shutters when opened: an empty water tank on the roof and the practice prevalent amonir cutters of lla-htlnc cigarettes a few minutes be fore quitting; time all this, and what Is yet to be ferreted out. will be placed speedily before the grand Jury. No Precautions Taken. The tenement-house department sum moned owners of half a dozen faulty structures to police court as a pre liminary step to a far-reachlna- Investi gation of tenements. One man was held for violating the law and other cases. It was announced, will be pressed tomorrow. Fire Marshal Beeres summoned the proprietors of the Triangle Waist Company and several employes to tes tify at a public Investigation, largely to Inquire Into the truth of reports that doors leading to fire escapes were blocked. "So far as I can discover." he said, "there has never been a fire drill In this factory. In my opinion It would take TOO girls three hours to reach the street by the one Are escape. Nine tenths of the employes cannot speak Knallsh, yet I could not find a sign In "Yiddish or Italian pointing out the fire exits. The Fire Marshal said be was con vinced that a cigarette lighted by a cutter and thrown Into a heap of clip pings hail started the fire. Glve us not merely fireproof, but deathproof buildings. Death-Proof Building Wanted. The slogan was coined by Fire Chief Croker as summing up his recommen dations for the future. -The Clty Beautiful Is less vital than the 'city safe. Let us see. first of all. that our people live and work un der adequate protection for lives and persons. "I would have fire escape landing ex tending all along the outside of every oftlce. loft or factory building- 1 would have the balcony built wide enough for two p. rsons to pass In safety without crowding. I would have the stairway at each end. and I would have them built with hand-rails, so that women and children could descend them with no ladder escapes or stairways built at acute ancle. Let us have all Inside stairways In closed In a firtproof partition. Let us require fireproof exit doors and all doors to open 'outwards. Never allow an exit door to be locked or blocked, and make the fire escape windows open to the floor l-vcl like a door. Protect each Moor with all available automatic safety devices and sprinklers. Last, but not least, make fire drills at fre quent Intervals compulsory In all fac tories, lodging-houses and Institutions. A relief fun. I for the sufferers Is headed by a JSOOO donation from An drew Carnricle. The Tnlted Hebrew 'harltles. the Austrian Hebrew Free Hurial Association and other organiza tions came to the fore with aid. Thlrljr-Thrre Are I nldcntlfled. Thirty-three bodies, most of them shorn of all semblance of human form, lie unidentified tonleht at the charities pier morgue. Twelve persons, most of them girls In their teens, are fight ing for life In hospitals. Half a hundred funeral trains trailed through the Kast Side and the Italian district near the factory today, and as many imr are scheduled for tomorrow. The unidentified will be buried In a single grave but will be held as long as possible to give relatives and friends an opportunity to claim them. Final figures place the death list at 142. Of these. 1J3 bodies were taken from the scene of the disaster and nine died In hospitals. The list will be swelled, surgeons say. by others who. st til living, have no chance to recover. MRS. BURBANK WANTS SON llirnier Spokane Woman Sues ex Husband and Aks Ha ma sen. ST. Lol'lA March 17. Mrs. Orion Al len Sta.k-Burbank. formerly of Nash ville. Tenr wife of Kay E. Burbank. filed two suit in the Circuit Court here t,k!iv one for a writ of babeas corpus for John King Sta.k ill. her 7-year-oM son by her first marriage, and one f,r !'. Owo damages against Ktchard B. S:ak. her first hulml. and all mem ber of Ms family. TI.e ult were filed after the crim inal case against Staik on a charge of kidnaping the boy was continued until tomorrow. In the damage suit Mr. Burbank charge she spent 10.0"0 In search for the boy. and that she ha suffered greatly from being deprived of his com panionship. The court suggested that e-taln technical amendment be made In the habeas corpus writ, and that he mould make an order under It Stack is a wealthy lumberman of K--atiaba. Mich, lie was married to Miss rlon Allen In l:. She obtained a Jfxorce and the custody of her son at Fpukane. With. In li. It was while ne was on her second honeymoon that stack 1 accused of taking the boy from the home of his former wife rel atle here. .Mofrat Hoad Mnt Uo to Salt l-ake. IKN VKK. I'ol". March 17 A mo tion to table the Moffat tunnel bill was defeated In t-ie House today, by a vote of to 3i. One important amendment vii adopted, requiring the road as a preliminary to the building of the tun nel by the state, to pot up a sufTI. lent bond guaranteeing tht building vf the Toad to but Lake. 'h? . -.. ' x A, , - 7 " Y L- V ' s t ' ' , . ' ' '"' jr . .h v v:r' .')!-'iL .,7 7 ' .' '-"''r MRS. JAMES S75,0001S SPURNED Wife of Dr. Munyon Refuses Inducement to Quit Stage. SHE PREFERS VAUDEVILLE .Millionaire Patent Medicine Manu facturer's J Efforts to W la Back Urautlful Spouse Fail Couple Much In Public Eye. PHILADELPHIA. March r.-3peclal.) So much does Mrs. James M. Munyon, known professionally as Pauline Neff. prefer the footlights to life with her hus band, the well-known Dr. Munyon, In the mansion that patent medicine profits built in this city, that she has refused hi offer of rvoou-lf she would leave the stage.- Mrs. Munyon returned to the stage during the holidays, and It was known then that her husband did not approve. His pleadings have so far failed to tire her of the "two-a-day." for. be It known, she 1 at present adding "her luster to vaudeville. Ever since, in lf. the beautiful 24-year-old actreea became the wife of the millionaire medicine man. who Is SI. they have been more or less in the pub lic eye. In ls" Mrs. Munyon began suit for divorce, alleging that the doctor was cruel to her. Later the suit was with drawn and the ralr reunited. However, last Summer Mr. Munyon told her friends that she was unhappy, and Inti mated that neither her husband's medi cine or his millions could heal the breach. She did not again eek a di vorce, though, and the couple lived to gether until Mrs. Munyon resumed the uplift of the drama. Pauline Neff Is Dr. Munyon's third wife. He Is her second husband, she having been divorced from a man named Mttzgrr In IS. She had previously had experience on the stage. ONE SPIKE SAVES GIRL FALLS SIX STORIES, YET ES CAPES ALIVE. Survivor of w York Holocaust Tells How Clothing- Caught on Projection and Held Her. NEW TORK. March 17. Ida Singer, a 17-year-old shirtwaist maker who lies in her home suffering from a few minor bruises and cuts, has perhaps the strang est story to tell of any of the hundreds who escaped death In the Washington Place fire horror of Saturday afternoon. She was found by the firemen hanging half conscious to a spike In the rear wall of the building at the third floor landing. She had fallen from the fire escape at the ninth floor, but the pointed spike caught In her clothing and saved her life. "When I first heard tfce alarm." she says. "I was paralyzed with fear. I was too weak to run. I half crawled to a back window, and I lemerober I was crying bitterly as I -raised a window opening on the narrow fire escape. "Flames were roaring out of the win do s below, but I knew I had to go down the narrow fire escape and climbed out After I did so. I looked back anu saw many girls rushing toward the win dow I had gone through. I was so glad they were coming that I stopped crying. Iron Steps Are- Hot. 'I felt I had to get down ahead of them. The Iron tep of the ladder were hot and getting hotter a I went down. I had taken probably three steps down ward when the first of the girls rolled out of the window above, crashing down nn me. and I lost my balance and felt myself falling. I remember. I waa almost glad of It before I lot my senses. "When I woke up I was In the fun niest position. I had to stop and study It out. My hands were down by my feet and I was doubled up. I beard men and women, fsr off. shouting and creming. I tried to move and could not. After a lose time I heard a vole and a window 7"i i f A" j 7 ,siW-.f if.' M. MfJIYOJf was opened.' Two men got hold of me and took me .Inside the building. My coat', skirt and hat remained on a big splice in the wall. Laugh ' Relieves Tension. The men .wanted to know how I got caught on that spike and I told them I fell from the ninth floor. In spite of the horror of the situation, we all laughed as we thought of It. "But I shall never forget what I saw below me when I was hanging on that spike. I saw men and women piled up on top of one another. Some were quite still and others were frantically waving their arms and shouting. I saw a girl wip ing a man's face with her handkerchief. After a while they all quieted down." ROAD LEGISLATION FEATURE California -Railroad - Commission's Powers Are Enlarged. SACRAMENTO. Cal.. March IT.-By general consent. railroad legislation, which In the Fall campaign was em bodied In the o&tch phraen. "putting the Southern Pacific out of politics." was the largest Issue before the Legis lature at the seralon which ended today. Along this line, one big bill, conferring upon tlie railroad commission what were believed to be the widest powers pos sible under the constitution, waa passed, and a series of constitutional amend ments making poevlble further extension of these powers were adopted. Machinery for an entirely new taxing system by which the state will derive Its Income from grosa earnings of cor porationei was worked out and accepted. Of .subjects talked over at a pre-leg-islatlve conference at San Francisco, legiselatlon was enacted on conserva tion of water power, revision of election laws, home rule, revision of criminal procedure, equal suffrage and employ ers' liability. Apportionment of the state under the new Federal census failed, apparently because a majority failed to agree upon etrjetly mathematical apportionment in the larger cities and apportionment on any basla was equally unacceptable. Civil service legislation aim failed of enactment. MOORE'S CHANCES SLIM Not Likely to Name' Him District Attorney in Eastern Washington. OR EGONI AN NEWS BUREAU. Washington. March 27. While there has been no final determination as to whether Oscar Cain, United States Dis trict Attorney for Eastern Washing ton, shall tender his resignation on account of charges preferred against him. It seems probable that at no dis tant date he will.be pried loose from the Government payroll. If this happens, there may be diffi culty in selecting his successor, espe cially If Senator Poindexter's law part ner, O. C. Moore, of Spokane, again becomes a candidate for this appoint ment. Moore sought this office at the time Cain was appointed and later was a candidate for Federal judge, but was turned down by the Presi dent for both offices. If Moore runs he will have Poin dexter's support but will not be in dorsed by Senator Jones. Moore un questionably will make a futile race for the district attorneyship, for the Presi dent was not Impressed favorably when he was candidate before. RECOVER SECHELT VICTIM Body of Man Found Floating With Life Belt Attached. VICTORIA. March 27. The body of John I. Henderson. 2S. years old. of Cody, Wyo.. the first of the Seclielt's victims to be recovered, was found today five miles off Race Rocks. A life belt strapped about Henderson's body gave evidence that the SO persons who were carried to their death when the little steamer turned turtle Friday afternoon, had warning of the Impending disaster and pepared to meet It. The body waa found by the tug Lome and was brought to Victoria. More wreckage from the Seehelt came ashore today. Not only was the disaster witnessed by Harry Charles and other Indians at Beecher Bay. but Joe East wood, ion of the Ilghtgeeper at Race Rocks, saw the Seehelt founder. He said that when the steamer appeared to be off Bedford Islands, at the entrance to Beecher Bay, she altered her course and fell off Into a heavy swell and took a heavy fall to leeward. Then, recover ing, she seemed to fill and go down. Edlefsen Fuel Company has the best country slab and block wood. Both phones. " ;7--M f j ' X w Attomejs for Carriers Deny Consti tutionality of Whole Clause, .but Shippers Contend Dis tance Must Fix Rate. OREGON I AN NEWS. BUREAU, Wash Ingtodn. March 27. - An attack on the constitutionality of the fourth section of the Interstate commerce act the long and short haul provision was made today before the Commission n the consideration of the Inter-mountaln rate caes. Involving the long-and-short haul provisions. Attorneys for the railroads main tained that the provision was uncon stitutional and counsel for some or the cities affected. Spokane, Wash., and Reno. Nev., followed with a declaration that that part of the section which con fers upon the Commission authority, in special cases to permit a lower freight charge for a longer haul In the same direction and over the same route was constitutional. - Change In Law to Be Asked. Attorneys for the shippers asserted that If the Commission did not Issue an order providing that the charge for a longer haul should, be greater, than for any shorter haul, they would carry the matter to Congress and Insist upon the enactment of a provision that would give the Commission no discretionary power In the matter. The Commission, as a purely admin istrative body, has no power to pass upon the constitutionality of any part of the act. It simply enforces the law as It finds It on the statute books, leav ing the determination of any consti tutional question that may arise to the courts. . . So Material Change Made. Speaking for the Harrlnian system, w. w. Cotton, of Portland, contended that the long-and-short-haul clause of the last interstate commerce act is sud Btantially the same as the similar clause of the preceding law and con tended that elimination of the words "under similar circumstances and con ditions'.' did not materially change Its purpose or effect. Mr. Cotton also took a fling at the lawmakers, declaring that as a class they do not think, but look to lawyers to think out the pur pose of their enactments after they be come law. ... J. N. Teal, of Portland, argued that the Coast cities are inherently entitled to lower rates than Interior points, both because of their location and on count of water competition. Judge Waters, of California, who fol lowed, contended that the long-and-short-haul clase of the present law Is greatly different from that of the previ ous act, in that under this last law, the Commission can only waive the provisions of sectlpn 4 In special cases and cannot grant general permission to railroads to charge more for a short than for a long haul. The fact that railroads have filed 1500 applications for exemption, he argues. Is sufficient evidence that they recognize the dif ference tn the law, for under the previ ous law no such applications were filed or considered necessary. It is probable that the argument will continue for the remainder of the week. PRIVATE LIXE GETS XO HELP Lumber Company Finds It Must Run Railroad Free.' WASHINGTON, March 28. A princi ple that Is likely to govern In many cases was laid down today by the In terstate Commerce Commission in a de cision of the complaint of the Kaul Lumber Company, of Alabama, against the Central of Georgia Railway and other carriers. The company built a railway line connecting its mill on the line of the Central of Georgia with its timber land. It entered into an arrangement with the railroad by which It received I cents a hundred pounds on all lum ber hauled to the Junction. Later the road advanced its rates on lumber from Alabama points to Good Spring Tonic "We have taken Hood's Sarsaparllla for a Spring tonic and as a blood puri fier. Last Spring I was not well at all. When I went to bed I was tired and nervous and could not sleep well. In the morning I ' would feel twice as tired; my mother got a bottle of Hood Sarsaparllla, .which I took. I felt like a new person when I had fin ished that bottle. We always have some of Hood's medicines In the house." Hllvey Roselle. Marlnetfe,. Wis. Hood's Sarsaparllla effects its won derful cures, not simply because it contains sarsaparllla, but because it combines the utmost remedial values of more than twenty different ingredi ents. Any preparation said to be "just as good" yields the dealer a larger profit. Get it today In usual liquid form or chocolated tablets called Sarsatabs. Natural s Laxative Water Speedy Sure Gentle Quickly Relieves CONSTIPATION MOTHER CRAY'S SWEET POWDERS FOR CHILDREN, A Certain Rolleffei'l'evertshnrs, Constipation. Hlldirkl, 4aark Treaties, Teething niserder. and Deetrer Tbn Break mn t'eld Trad Mirk. In 94 boar. At all Drawita, lieu. Don't accept Fain pie mailad FREK. Addraaa, aw Mam-tuts. A. . OLMSTED, La Roy. N. Y. "ol iriiaaiiirp I SLANDER SUIT FAILS LORD DERBY'S BAD MEMORY SUPPRESSES SCANDAL. Baron de Forest Accuses Mother-ln-Law and Her Brother Baroness Elopes With Guardsman. LONDON, March 27. The suit brought by the wealthy young Baron Arnold de Forest against Ills mother-in-law. Lady Mary Gerard, and the latter's brother, Henry Milner, for slander, was tried to day and collapsed suddenly when Lord Derby, to whom the slanderers were alleged to have confided, took the stand and swore that he had no recol lections of the same. Sir Edward Clarke, counsel for the plaintiff, thereupon announced he was unable to proceed. In view of the lack of evidence, and judgment for the defend ants was returned. Baron de Forest, whose marriage to the widow of Menler, the chocolate manufacturer of France was annulled, subsequently entered English society and married Miss Gerard, who Is very wealthy, havlntf inherited most of the fortune of the late Baron Hirsch. The wife, who is described as beautiful and accomplished, later vanished from her home, and. according to the plaintiff departed in the company of Lieutenant H. C. S. Ashton, of the Second Life Guards, and a friend of the family. The plaintiff alleged that the con duct of his wife was approved by Lady Gerard and Milner, In utterances re flecting on him. Milner, who married the Duchess of Montrose, denies hav ing uttered the alleged slanders. Sir Edward Clarke opened the pro ceedings by describing the married life of the De Forests, which he said was happy until one night In May, 1909, when after a ball, the Baroness re fused to go home with' her husband. In stead she went away with the young guardsman. Ashton. and on the next day confessed to her husband, in the presence of her mother and uncle, Mil ner, that she had been at fault. The matter was patched up and the Baron ess returned to De Forest. In the course of his statement Sir Edward divulged that it was the Bar oness de Forest with whom Ashton eloped to Palma In February, 1910, Instead of the daughter of a high court functionary, as was reported at the time. Subsequently De Forest again forgave his wife. Xeg-ro Official Sworn In. WASHINGTON. March 27. William H. Ijewls, the Boston negro, recently named by President Taft for the position of as sistant Attorney-General of the United States, was formally sworn In today. Mr. Lewkr nomination failed of con firmation by the Senate, and Mr. Taft gave him a recess appointment. The new official of the Department of Justice called at the White House to thank the President. Kills A Murderer. A merciless murderer is Appendicitis with many victims, but Dr. King's New Life Pills kill It by prevention. They gently stimulate stomach, liver and bowels, preventing that clogging that Invites appendicitis, curing Constipa tion. Headache. Biliousness, Chills. 25c at all drurglst. AND VISITING CARDS W. C SMITH & CO. Washington Blda 4th and Waablagtoa IMPORTANT THATPUBLIC SHOULD KNOW ABOUT GREAT KIDNEY REMEDY. The testimonial I am to give you comes unsolicited. I have been suffer ing from lumbago for ten years and at times was unable to stand erect. A Mr. Dean of this city, saw me In my condi tion (bent over) and Inquired the cause. I hold him that I had the lum bago. He replied, "If you get what I tell you to, you need not have it." I said I would take anything for ease. He said. "You get two bottles of Dr. Kilmer's Swamp-root a,nd take It, and If it does not fix you O. K., I will pay for the medicine myself." I did so and em a well man. For five months I have been as well as could be. Before I took your Swamp-root was In constant pain day and night. This may look like ad vertising, but it seems to me most Im portant that the public should be made familiar with this treatment -as it is the only one I know which is an ab solute cure. I owe. a great deal to Dr. Kilmer's Swamp-Iloot. and I am anx ious that others situated a I was should know and take advantage Of It. Hoping that this testimonial may be of benefit to some one I am, . J. A, HOWLAND. 1734 Humboldt St., Denver, Colo State of Colorado City and County of Denver es. Personally appeared before me, a Notary Public ta and for the city and county of the State of Colorado, J. A. Howland, know to me as the person whose name Is subscribed to the above statement and upon his oath declares that It Is a true and correct statement. DANIEL H. DRAPER, Notary Public. Letter to Or. KUmer Co.. Blnghamton, N. Y. Prove What Swamp-Root Will Do For Yon Send to Dr. Kilmer & Co.. Bingham ton, N. Y., for a sample bottle. It will convince anyone.. You will also receive a booklet of valuable Information, tell ing all about the kldnevs and bladder. When writing, be sure and mention the Portland Daily Oregonian. Regular fifty-cent and one-dollar size bottles for sala at all drug Btores, W. B. Corset Demonstration and Sale Ali This Week and Next Introducing the New Spring Models W. B. Corsets hold an unique position in the corset world. W. B. Corsets are modeled on perfect lines conforming with those of the natural figure. Women realize that good corseting means a great deal to them, not only regarding fashion, but also for health and comfort. ' W. B. Corsets reveal the secret of perfect dressing, and perfect dressing does not mean to be forced into a figure that, although apparently perfect in appearance is only obtained by great dis comfort and often with serious physical results. W. B. Corsets are fitted by experienced corsetieres who study your figure and supply it with your own individual model. By this means no matter what your size, your height or your figure we can fit it perfectly and improve it if need be. Why not let us demonstrate it. This season W. B. Corsets are superbly suited to the new lines that fashion demands. We want to show them to you; to ex plain the various improvements that the W. B. Corsets possess over all other makes. You are welcome to this service. It means little to us whether you intend buying a corset or not, we know that eventually you will wear W. B. Corsets. The majority of American women wear them now and a great many English and French women prefer W. B. Corsets to those of their own country. If we once fit you to W. B. Corsets your corset troubles will be at an end forever. We extend to you an invitation to visit our corset section during this demonstration. Rich, fragrant and absolutely pure, has that delicate flavor which is the hall-mark of the perfect product. An J it costs less than a cent a cup. D. GHIRARDELLI CO. San Frazuasco LET ME FIT YOU f m jtit A noted Hotel dcf haM prepared expresary for sW je2w i a book of "Dalaty Detiiert Dlstbw," which WO J SrtMBi . . will be pleased Co mend to anyooe intcrctcd. STAPLES, the Jeweler Since 1852 WITH GLASSES I fit you with the best of lenses. I fit you well. I fit you at a reasonable price. : I am doing well. "Whyf Because I . satisfy both you and your pocket- book.' 1 pair insert Lenses in your frame $1.00 1 pair insert Lenses in Alum-. inum frame $1.50 1 pair insert Lenses i.i Gold ruled frame ..... .$3.50 1 62 FIRST STREET Near Morrison