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.
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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
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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
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If we once fit you to W. B. Corsets your corset troubles will
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San Frazuasco
LET ME FIT YOU
f m jtit A noted Hotel dcf haM prepared expresary for sW
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STAPLES, the Jeweler
Since 1852
WITH GLASSES
I fit you with the best of
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I fit you well.
I fit you at a reasonable
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I am doing well.
"Whyf Because I . satisfy
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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