TJIE 3rORXTG OREGOXTAT. FRIDAY, 3IAT 26. 1911.
HARLAN
RENEWS
OTJH OPINION
He Accuses Supreme Court o
Exceeding Power in Stand
ard Oil Decision.
LITIGATION WILL RESULT
'o Man Can Trll VTh ether Contract
Is Itrawnable or Not Cnlil Pe
rl t-l by Coart Power of
Congress Is Vsorjx'd.
wa5HIXOtos. Mar still as T-
pi :o the majorltv of the Supreme
fourt of the I nlted Status la trie siao
Urd Oil ru he was on the d-y
thl optrlon was announced. Associate
Ju.tlre Marian today court Mi
formal dissenting opinion In the suit.
Ilia oral attack on the court for hold
ing that onlr unreasonable or undue
r.itratnn of Interaxate commerce are
violation f f the law furnished the out
line for today's broadside aitainst the
opinion.
lie went further, however, tod crltl
clse.l the court for modifying; the decree
of the lower court so as to permit the
ubiid:arr companies to enter Into
agreements amonar themselves, and ex
pressed a conviction that Instead of the
opinion ittvlrc quiet to the business of
the country It would throw It Into con
fusion and Incite wldeiy emlended and
harrasslnc lltttin. the Injurious ef
fects of which will be felt for many
)rrt to come.
Kver since the case was decided on
Mar IS. J'istlee Harlan has been prepar
Im his 1l. entire: opinion and It ws
not completed until noon today, one of
the last chances made. It Is said, was
to Insert m quotation from the decision
of Judae now i'reatdent) Taft. In the
ArMystone pipe case In which Judae
Taft eaM that accordlnc to the deci
sion of the c-upreme Court of the Cnlted
fates, all restraints, whether reason
able or unreasonable under the common
law, were forbidden by the statute.
Trust May Combine Again.
In connection with what ha terms a
muv-hirvoua modification." Justice Har
lan quntes the Chief Justice as sajrtnc
tlat "It dots not necessarily follow that
because of an Illegal restraint of trade
an attempt to monopolize or monopolisa
tion would necessarily arts from asree-m-nte
between two or more of the sub
sidiary corporations after the transfer
i of ttie stock by the New Jersey corpor
ation. "Taktna; this ltnroin In connrctlon
with other parts of the opinion." says
- Justice Harlan. "the subsidiary com
panies are thus. In effect. Influenced un
wisely. I think that althouch the New
Jersey corporation, be Ins; an tllecmi
combination, must r out of existence,
they may Join la an agreement to re
strain commerce aralnst the states. If
such restraint be not undue."
As ta his oral remarks. Justice Har- I
Ian devotes himself larsrelv to criticism
of the court for coldtnsr that not every
restraint of trade violates the law. He
reiterates that the court reversed Its
former rulings In the Trans-XIlssourl
lTelsdt and Joint Traffic Association's
cams. Referring to Judce Taft'a deci
sion, be says;
Taft's Periston Quoted.
"Judce Taft said, that accordlnc to
the decision of this court In the freurht
association case, contracts la restraint
of Interstate transportation were within
the statute, whether the restraint could
be reaarded as reasonable In common
law or not.
"On readlnf ths opinion Just dellv
ered." Justice Harlan adds, "ths Brat
Inquiry would be ttiat as the court Is
unanimous In holdlnc that the particu
lar thlnas done by the Standard Oil
Company and Its subsidiary companies
In this case were lllecal under the anti
trust art. whether those thing's were In
reasonable or unreasonable restraint of
Interstate commence, why was It neces
sary t make an elaborate argument,
as Is d ne In the opinion, to show that
accordlnc to the 'rule of reason ths
act passed by Congress should be Inter
preted as If It contained the word un
reasMUable' or the word 'undueT"
"TV'. only answer whK'h. In frankness,
can be xUen to this question Is that the
court Intends to decide that Its delib
erate Jutlsment. 1 Jears ago. to the ef
fect that the a.-t permitted no restraint
whateer of Interstate commerce, wheth
er reasonable or unreasonable, was not
In accirdant-e with the 'rule of reason.'
In effect, the court says It will now,
f.r the first time, brine the discussion
under the IlsM of reason.' and apply
tre rn'e of reason' lo the q-jetton to
be tie.-i-led. I hae the authority of this
eottrt f'r saying that u-h a course tf
j-ro e.-,t n c on Its part atul.l be 'judicial
1. j.iUhon.' "
What Court Mtould llitr r-ald.
Justice Harlan maintains that the
court s.iouM hat replied emphatically
to the Standard Oil attorneys when they
Insisted ou a "reversal of tl;e former
rulings of the court, as fIUwa:
r at question. rcorllng to
practice. Is not open for furtier discus,
sion here. TM court lone iri e!ll-
erately held ll that the ait. Interpret
lnc Its words In their ordinary accep
tation, prohibits all restraints of Inter.
state commerce by combinations
wratever form, and whether reasonable
r-r unreasonable. J ti:e question re
lates to matters of public policy In ref.
erence to cimmerce amor.s; the slates
and w!t?i forencn nstlors. and Congrerfs
alone can ileal wyti the subject; til
IMs court would encroach on tne au
thority of tVngrea. If unrfrr the rutse
of construction tl '.ou?d assume to de
termine a matter of public poller; Ml
the parties mupt r.i to Congrtps and
obtain an an.erjmei t of the anti-trust
act If they ti.tr.k ti at this court wis
wronc In Its former decisions; and til
this court cannot and wl!l not Judicially
legislate, since Its function Is to oe
c'are law. wl.ile It belorcs to tfce legis
lative department to make the law."
Then referrire to the phrase which.
Chief Justice White used In his opin
ion. Judce Harlan adds:
"riuih a course. 1 am sure, would not
hate offended tsa Tui of reason.'"
Cna-crtalnty 1 Aggravated.
At the conclusion of his opinion. Jus
tice Harlan acknowledged that his
brethren fcal deemed It best to pur
sue a different course from that which
he sdvocated.
"They have now said." exp'alned the
Justice, "to those wiio condemn our
former decisions snd who object to all
legislative prohibitions ft contracts,
combinations and trusts In restraint of
Interstats commerce. yoa may now
restrain such commerce, provided you
are reasonable In It; only take rare
that the restraint Is not undue.'
"The disposition of the rase under
consideration, according to the views
or the defendants, will. It Is rlalmed.
quiet and give rest to t!.e business of
the country.' On the contrary. I hare
strong convlcttoQ that It will throw
fusion and Invite wldelv extended and
harassing litigation, the Injurious ef
fects of which will be felt for many
years to come. When Congress prohi
bited avery contract, combination or
monopoly In restraint of commerce. It
prescribed a simple, definite rule that
all could understand and which could
be easily applied by every one wish
ing to obev the law and not to con
duct their business In violation of the
law. But now. It la to be feared, we
ara to have. In cases without number,
tho constantly recurring Inquiry dlf
flcult to solve by proof whether the
oartlcntar contract, combination or
trust Involved In each case. Is or 1
not an 'unreasonable' or 'undue re
straint of trade."
Conerrss Alone Can Make "Lasts.
The Justice Incorporated In his pre
pared opinion In effect what be ssld
orallr In dissenting In regard to the
dangers of Judicial legislation.
"The supreme law of the land." h
added, "which Is Binding alike on all
on Presidents. Congresses, the courts
and the people gives to Congress and
to Congress alone, authority to regu
late Interstate commerce and. when
Congress forbids any restraint of such
commerce In any form, all must obey
Its mandate. To overreach the action of
Concrete merely by Judicial construe
tlon. that Is. by indirection, a blow at
the Integrity of our governmental sys
tem and in the end will prove most
dangerous to alL"
8000 MEN MAY STRIKE
VAXcorvm bcii.ders
JL.HPl.OYKS AT WAR.
AND
Labor l"ntons of Kntlre Cily Iajr
Go Out in S-jmpathy and as
Test of Strength.
VANCOUVER. B. C. May 26. A sym
pathetic strike of tOOO members of
labor unions In Vancouver on June t
Is threatened, to compel the Master
Builders' Association to make terms
with their employes, who have been
on strike for a month. The executive
committees of the trades and labor
council, the building trades council and
the business agents' board will meet
tonight to consider the questions of
ordering a general strike.
The trades and labor council Is said
to be unanimous for such action. Bus
iness Agent rettlpleca. of ths council,
said today:
'With every union In the city lie
we can tie up all the minutsrlL.ln(
Interests here, shut off the light and
power, disrupt the telephone service
and upaet the whole city to such an
extent that the blaster Builders Asso
ciation and the Kmployers Associa
tion, with which It is allied, will be
quite ready to treat with us on the dif
ficulties they or having with the
Building Trades.
"We have nothtnr to lose and everv-
thlng to win. and this course haa been
suggested among the union men as an
experiment to test tho strength of
those who are opposed to ths union
shop principle."
DANES WELCOME FLEET
American War-.hlni Ilearh Copen-
tiaj-va Kins Will Give Dinner.
COPENHAGEN". May 15. Copenhagen
turned" out today to greet tho second
division of the I'nlted States Atlantic
fleet, under command of Rear-Admiral
Badger, which arrived this morning for
a week's visit. Salutes were exchanged
by the American squadron and the land
batteries.
Thousands of excursionists cheered
as ths Kansas. New Hampshire and
clout h Carolina, headed by the flagship
Louisiana, moved up the sound to Kli
nore. During the visit King Frederick will
receive In audience Admiral Badger and
the captains of the American warships,
and will give a grand official dinner,
where the fleet officers will meet the
most prominent people of Copenhagen.
A naval ball will be given by the
Minister of the Navy for the officers
and mljsl.lpmea to meet Danish officers.
Lad!
9
Maim
ill
'lift
Today sumdl Toinnioinrow we clij
ciras-iFouiiirtlhi iFarcm ttlhe ffsgujilsur prices
$25 Suits, $18.75
$35 Suits, $26.75
$45 Suits, $33.75
$50 Suits, $37.50
(E!us, blacks tnJ wHtes cat indbded in tiia sale)
It will be advisable to visit our Ladies' Department (on the
third floor) as early as possible, in order to have a full choice.
These Suits possess the QUALITY of FABRIC, the QUAL
ITY of MAKE and the QUALITY of STYLE. They surpass in rich elegance,
beauty, fashion and merit, those suits on sale in other Portland stores. They
are worth every cent of the regular prices.
We Make No Qaaurg iFor eMtemftaoms '
We quote actual, original prices, and reductions, and make no use of the word
"values," a word behind which unscrupulous people sometimes conceal infe
rior articles. Our reputation, and the honor of our store make us as particular
about our words, as we are about our goods. ,
BEN
LUNG
LEAD2HG CLOTHIER
Morris oa at Fourth
FRIDAY AND SATURDAY
AIRSHIPS TO FIGHT IN AIR
Taft Will W lines Batter as Test for
Military Pnrposrs.
CHICAGO. May SS President Taft
fcas advised the promoters of the avi
ation meet to be held here August 1 1-?i
view of ths shore at Grant Park, at the
edge of the business center of the city.
STEAMER SINKS, 60 LOST
Tabopa Strikes Rucks Off toast of
ranama iMlimus.
.PANAMA. Way 13. Ths National
Steamship Line steamer TabORa struck
a rock off Punta Mala on Tuesday and
sank a short time afterward. Of the
too naasenaera on board only 40 are
known to have been saved.
The Taboga had a cargo of cattle and
was on her regular coastwise trip.
The scene of ths sccldent Is about
100 miles from ths nearest telegraph
station, which makes It difficult to ob
tain details of the accident. The United
States gunboat Yorktown left hers to
day lor ths scene oi tna disaster.
PFXHFT tlRUi.1 FRIDAY SPECIAL.
We offer our I? wines at tl a gallon;
II 50 wines at 'So a gallon; Straight
Kentucky tYhleky. seven years old.
reeular H BO at S3 BO a gallon: Ken
tucky whisky, regular $3.60. at 12.60 a
gallon: SJ graae m'nisxy. i.mv a gai
t-n. Friday only. 17 Kast Morrison st.
phones Kast 27. B Ziii. t res dellv.
ery.
RIVALS ARE SEIZED
RIVAL SEATTLE PUBLISHERS WHO HAVE CAUSED EACH OTHER'S
AERIST.
ll ?
I : f In
MM. ' v - Iff
Ml - -X ill
ill
Aleea J. B let hen. of Ike Tlssea. I I 1 - " '
I
Vie business of the country Into con- tte defense to te also by
that he will be an CTlcago June 4. and
will meet the committee In charge to
agree on how extensively the Army and
Navy will join In the military features
of the meet. It has been announced
that the President will be given full
opportunity to test out the aeroplane
as a war factor In any manner be
wishes.
The managers of the meet hope to
have the I'nlted Slates Oovernment
blips; about here the rirst battle In the
miw. i lie f.iNii is i na.e wn a-ruitaue i a
attack on t'hlcazn from Ijike Michigan. I
aeroplar-e. In I Joka
U Use a, of the Poat-Iatellls-eacer
Blethen Gives Bail, Files Sui
for $100,000 Damages.
SON ALSO AFTER EDITORS
Clarence B. Bfetheri, Alleges Crim
lnal Defamation and Two w
paper Men Are Arrested.
Bonds $3000 Each.
(Continued From ITrst Pace.
Sheriff Hodge arrived at the newspa
per office. Apparently they had re
ceived Intimation of Sheriff Hodge's
visit to tho office and they failed to re
turn at their usual hour. When as
sured that their arrest wonld be abso
lutely painless and that they would not
ba summoned to court, they surren
dered to the frentle Sheriff.
No one hers has any expectation that
the cases against the Blethens will
ever be tried and toe suits aitainst tne
Post-lntelllgencer men are regarded in
the same liKht. Colonel Blethen and
his son. Clarence, furnished 130.000 bail
this morning and undoubtedly could
have given $1,000,000 aecurity If called
nnon.
Prosecuting Attorney jonn . mur
phy has been placed In a trylnir posi
tion bv the Blethen cases. It was
asalnst his wishes that the Blethen in
dictments were returned. Beinjr
obliged to sign them, he was not re
luctant to sign informations sought by
the Bletbcns today to even things.
it would not be reasonable to say
that Seattle Is deeply stirred by ths
new Indictments. The developments
of tho present week have been dis
cussed with keen enjoyment Dy men
about town. Tho pleasing feature or.
the whole crusade that bejran last Oc
tober has been Its freedom from per
sonal violence. Kxtreme language is
used in newspapers anc5 on the stump,
but participants In the strife never
ose entire control of their tempers.
General feeling, however, prevails that
division of Seattle into two hostile
eamna is lnlurlnir business and Is one
cause for Soattle falling behind Port
land in a business way.
Although the Blethen and Post-in-
telllgencer fight Is looked upon as a
waste of time and energy, the outioog,
for a vigorous prosecution Jt Wap
pensteta seems excellent. Julge Main
l. a man of grim determination and
will not shrink from the ordeal of pre
siding at the trial. Wappensteln. ac
cording to well-informed sources, is
the person at whom tne iiurns cam
paign was aimed.
Colonel Blethen and Mayor uui,
had always been on ths best of terms
with Dr. Matthews, were to have been
spared, according to tho opinion of In
siders, but Blethen refused to abandon
his friend, Wappensteln, to his rate
nd opened his batteries upon infec
tive Burns. Burns then began to work
up a case against Blethen. Ths de
tective said ha had failed to get the
evidence he hoped for, and until last
week It was supposed the idea of in
dicting Blethen had been given up.
Strong local influences were brought
bear after Burns had iert tne neio.
however, and the belated Indictments
were returned. Gill . used discretion
and escaped. f
The grand Jury has practically com
pleted lta work, but has not yet dls-
banded. It Is held in reserve to return
more indictments If they are needed
in an effort to convict Wappensteln.
All interest now centers in trial of
the ex-pollco chief.
Superior Judge Main today overruled
three motions of counsel for Wappen
steln, who is endeavoring to escape
trial on an Indictment charging him
with bribery in accepting $1000 for
permitting a disorderly house in the
Id King-street vice district to oper
ate.
When court opened today Wappen
steln furnished $20,000 additional ball
on four new indictments against him.
His bondsmen were Dietrich Hamm
millionaire owner of big hotels In Se
attle and formerly a waiter in Ernest
House's coffee houpe In Portland, and
Eugene France, millionaire lumberman.
Hamm has gone on all of Wappen
stein's eight bonds which now amount
to 187.000.
Wappenstein's counsel. Will Morris,
who prolonged the trial of Clarence
Hillman, the millionaire, for many
weeks, but who finally lost his case,
asked for more time In which to pre
sent affidavits showing why Wappen
stein should be granted change of
venue to another county. Tho court
granted Morris until afternoon.
His affidavits set forth that, owing
to attacks on Wappensteln by two
dally papers and widespread discussion
of the case in Seattle, It would be im
possible for Wappensteln to get a fair
trial. The Prosecuting Attorney re
plied that Wappenstein's friends had
been equally zealous in defending him
and asked that the motion be over
ruled. Morris then asked for a contin
uance, which was refused.
Morris next presented reasons for
transfer of ths trial to another judge.
alleging that Judge Main was preju
diced, being a -member of church of Dr.
Mark A. Matthews, who announced re
cently that he was directing graft in
vestigations. Judge Main denied this
motion, saying that his religion did not
influence him on the bench and that
he had never discussed graft develop
ments with Dr. Matthews, nor had be
The Army of
Constipation
Is Crowing SmsDar Every Dajr.
CARTER'S LITTLE
LIVER PILLS an
fatnonsiUe tbey met
only give relief ,
they penaaacany ,
cure tsashps-
tics. MJ-fT
bona me
tbemfor
Bilieas-
qsss, hWigesriss, Sick Hsadacaa, Sattow SUa,
SMALL FTU, SMALL SMALL PRICE
f Genuine saatbeu Signature
I . 1 rsuBaAd
r- s i n u i wvi
A x I m Dfl I I I
SAVES TIME and ENERGY
Lightens All Housework
SAPOLIO
Cleans, Scours, Polishes
from cellar to garret
WORKS WITHOUT WASTE
Exact Illustrations
Continuation of Our Second
Extraordinary May Suit Sale
Pronounced by many satisfied customers the most
unusual Suit event to their knowledge.
Have you participated in this bargain feast? s
Do It Now!
Gome and see these beautiful Tailored Suits in every
wanted style and material, that formerly sold at $3Q
to $47.50, now on sale at
$242
a isisja . u mm, illM,'"r'M.T5"'v' -I? "3
Piiflliipilif
Sale of $150 Silk
Petticoats at $3.95
Sale oflliOQ Silk
Waists at $2.75
SPECIAL SALE OF HILUXEBT'
spoken to him more than four times in
the last year. The result of today's
proceedings Is that W'appenstein will
go to trial on the Drlbery charge to
morrow morningr. It is expected as
sembling- of Jury will occupy a long;
time. The prosecution will not bs con
ducted by Prosecuting Attorney John
F. Murphy personally, but by two of
his assistants.
Imiiitl Trips East
CHICAGO
MILWAUKEE.
ST. LOUIS
ALL SUMMER
;; $ 72.50
. $ 70.00
$108.50
NEW YORK I
PHILADELPHIA."
BOSTON $110.00
WASHINGTON. .
BALTIMORE. ...
$107.50
ST. PAUL
MINNEAPOLIS. .
DULUTH .
OMAHA
KANSAS CITY....
WINNIPEG. . ... ... ...
DENVER.
$60.00
COLORADO SPGS..I
Direct Train
Service
To St. PauL Chicago, Omaha, Kansas
City, -St. Louis and Danrer.
Tickets sold May 27 to 29; June 5, 7, 9, 10, 12, IS, 17, 23, 22,
28, 29, 30, and certain dates in July, ArngTMrt and September. Re
turn limit October 3L
Inland Empire Express Leaves 9:55 A. M.
North Bank Limited Leaves 7:00 P. M.
CITY TICKET OFFICE, FIFTH AND STARK STREETS
NORTH BANK STATION, ELEVENTH AND HOYT STS.
LOWRATESto CALIFORNIA
San Francisco, $5, $10, $12 and $15. .
Los Angeles 1st Class $2i,50, $23.50, $26.50; 2d Class,
$10.35.
Sound Trips at Reduced Rates. All R ates Includs Heals and Berth. 3!
SS. "Beaver" Sails 9:00 A. 1VL, Sunday, May 23.
H. G. Smith, C. T. A-, 143 Third St. J. W. Ransom. Agent, Ainsworth DocaV
Main AH3z A 1402. PHONES-. Main 268; A 1224.