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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Oct. 31, 1911)
STATE CONTROL OF ROADS GROWS LESS SupremeCourtOpinion Foreshadows Doom. APPLIANCE ACT IS UPHELD Interstate Commission's Ab solute Power Foreseen. MEMBERS ARE JUBILIANT AM Mne Must Comply Willi Federal 1 Tw and Virtual Elimination of Stair rommlloin I Iookrd-For Sequence. WASHIN'iTOX. O.I. 30. Complete otitrol of all the railroads of the coun try by the Interstate Commerce Com mission and virtual elimination of the state commlP.lons from uch control In foreshadowed In an opinion banded down oday by tlie Supreme Court of the United Ftates. The court held that hereafter all locomotive.. car or other equipment ed on any railroad which Is a hlh ,ir of Interstate commerce must com ply with the Federal nafetly applUnce act. In lt opinion, the court held that rompllar.ee with the Federul law ! ,or:pulory on all railroads engaged In the transportation of peron or frelcht from one state to another. Oplalea la Flakorated. Klahoratlrc thin, however. It wi held that the rin or equipment of urh roads, even If engaged In trans-, portatlon within the confine of a state, must be considered as part and parcel of the road nd therefore com pletely under the Jurisdiction of the Federal Commission. Membera of the Interstate Commerce Commission are Jubilant at the rutins of the Supreme Court, which was unanimous. IWerrtng to the court opinion. Commissioner Lane declared, "It meant, eventually, that there la to be no dual control of Interstate car riers." rederal A Factor. The determination of this mooted question was laid down In an opinion read by Justice Vandevanter In a case Instituted by the Government against the Southern Railway. The point at Iseue was whether the Federal act ap plied In the cast of a shipment from one point In Alabama to another point tn the same state, the shlpmen being; In an Improperly-equipped car. The lower courts held that there had been a violation of the law. and their Judg ment was sustained by the Supreme Court. Justice Vandevanter held that the law appSed to all equipment on a high way of interstate commerce, whether at the time It was carrying Interstate or Intrastate commerce, lie then held and m sustained by the court-! unanimous opinion that the safety appliance act was constitutional. Joatlr Revlevta te. Speaking only of railroads that are highways of both Interstate and Intra state commerce. Justice Vandevanter says: "These things are of common knowledge: "Both clasees of traffic are at times carried In the same car. and when thla Is not the case, the cars In which they are carried are frequently commingled In the same train and In the switching and other movement sit terminal. ar are aelilom set apart for ex clusive use In moving either class of traffic, but generally are used Inter rhangcably In moving both; and the, situation Vs much the same with train men, switchmen and like employes, for they usually. If not necessarily, have to do with both classes of traffic. Tralaa Are Interdependent. "Resides, the several trains on the same railroad are not Independent in point of movement and safety, but are Interdependent; for whatever brings delay or disaster to one. or results In disabling one of Its operatives. Is cal related to Impede the progress and Imperil the safety of other trains. And po. the absence of appropriate safety appliance from any part of any train Is a menace, not only to that train, but to others." The decision of the court Is regard d as of great significance. . It will en able the Interstate Commerce Commis sion hereafter to enforce practically without question Its order based upon that law. State's Rights Qaeetlow. Those who casually examined thu opinion were divided as to Its bearing an the litigation as to whether a state may regulate freight and passenger rates on interstate traffic when such regulation interferes, or might Inter fere, with Interstate commerce. The Supreme Court Is to consider the ques tion next January, when It hears the o-called Minnesota and Kentucky rate cases. It Is the best Judgment of those onrersant with the situation, how- r, that today decision has little if ny earing upon the rate case. More or less friction has arisen be tween the Interstate Commerce Com mission and various state railroad com missions. Upon this point, again to quote Corn- JOURNALISM FUND IS NOW AVAILABLE $1,000,000 FllOM PULITZER TO FOCXD SCHOOL. Project for' Advancement r News paper Profession I-ong Held In Mind by Great Kditor. XKW YORK. Oct. 30. (Special.) The gift of Jl.000.000 which Joseph Pu lltxer offcrd In 190 J to establish a school of Journalism at Columbia Uni versity Is now available for use. "Mr. Pulitzer's death not only make thl money available." said a princi pal officer of Columbia this afternoon, -but we are obliged to use It. We eball start In right away." The project was present in Pulitzer's mind up to the very time of his death. Opposition t the idea when Pulitxer first suggested It delayed action far beyond what he had contemplated, but though he twice modified the terms of his gift, he was far from abandoning It. He undertook personally to keep the matter alive. One of the staff on the World said today that prilttier had consulted with him about the school a short time be fore he started south. lie wanted to know if I had any body In mind who could serve as head of the school." ho said. "He had it very much in mind and waa Interested In finding someone who could get It to going properly." WOMEN VOTERS HIDE AGE CMvalrou tioldcndale Clerk Sara Kxact Statement l"nnecear. CrOLPF.NKAI.K. Wash.. Oct. 30. (Spe cial.) J. R. Pulman. the venerable City Clerk of Goidendale. 1 dispensing with the formality of requiring women to give their exact age when registering to vote. In explaining his position. Mr. Put man says that he thinks when a woman has taken the statutory oath and swears that (he is more than 21 years old. the penalties exacted by the law have been fulfilled. Before Clerk Put man's ruling only about 20 Golden dale women had registered, but sine then more than 10J have done so. A committee of three women has been appointed to accompany women who are In awe of the proceedings at tendant upon registration. PUBLIC LANDS ARE OPENED Southern Oregon Areas Arc Made Subject to Settlement. ORESOONIAJf NEWS BUREAU. Washington, Oct. SO. The Secretary of the Interior has ordered that the un appropriated and withdrawn public land areas excluded from Siskiyou and Crater National forests In Southwest ern Oregon July 1. 1911. shall become subject to settlement under homestead laws and to selection by the state on and after January 15. and to entry un der the public land laws on and after February 14. 191. The lands to be restored are in Coos. Jackson and Klamath counties. MRS. GATES TO WED AGAIN Divorced Wife of Financier's Son to Marry Oil Man. NEW TORK. Oct. JO. Mrs. Charles Q. Gates, who secured a divorce last May from the son and heir of the late financier. John W. Gates, will be mar ried about November 15 to A. C Mig lietta. assistant secretary of the Texas Oil Company, one of the Gates properties-Mrs. Gates was Miss Mary Martin, of St. Louis. She waa married to Charles G. Gates In 1197. PICTURES . A ' : Jt-r ,:nsjs- iv urncnii vna nrviPW RRI.OW, FLAGSHIP CONNECTICUT OF THE AflOVK. SAILORS FROM LOUISIANA ON HIIORB LEAVE, SHIPS ARRIIiy. IN H t DJ TnVoXATOES. ATLANTIC FLEETl BLIEJACKETS ON CONNECTICUT PfctLINtt rOTirubS. GREAT FLEET IS AGLOW IN HARBOR Dreadnough Florida Completes Armada. BOAT'S CREWS YIE IN RAGE Admiral Pleased by Good Con duct of 30,000 Sailors. REVIEWS PLANS COMPLETE Great Group of Sca-Ilgliters, Riding at Anchor In New York, Will Steam Pnt Presi dent's Yacht. NEW TORK. Oct. 30. With search lights flashing and hulls and rigging outlined In myriad of Incandescent lights, the vessels or America's great fleet assembled here for Presidential review presented a picture of mar velous beauty tonight The Hudson River, where the ships lie. was Illuminated as never before. The battleship line was extended to Its full length todny when the last of the sea fighters assigned to take part In the review the dreadnought Flor ida ateamed slowly from her berth at the Urooklyn Navy Yard on her first trip under her own steam. Big Dreadnought l.oem.. , Crashing salutes from the other ships greeted tha new fighter. She loomed high above the smaller fighters of the lln. for tr was only on t Uta line, for there was only one tha Utah to compare with her. "with the Florida arrival, the fleet was made practically complete 102 ships of all classes with more than 30.000 sailors and marines and 1700 offi cers. The flet is ready for the inspec tion by Secretary Meyer Wednesday and the review by President Taft Thursday ' i.moni(rli were completed today for the reception of President Taft and for the Inspection and review oi cu nesday and Thursday. The Mayflower, which will be used by the President, took her place In line yesterday and la ready to receive Mr. Taft. who will reach New York early Thursday morn ing. KbJva to raw Mayflower. The fleet will get under way about P. M.. and as each ship passes the Mayflower, anchored at a point ort Staten Island, on the way to sea. a President's salute of 21 guns will be fired. The sporting element among the sail ors was much Interested today In the 14 fiittur race, for which 16 vir.a ntar.il rrm. A three - mile course, straightaway, from tha Fort Lee ferry to West Fifty-seventh street. was selected. The cutter race wa won by the crew of the battleship Georgia, which was three lengths ahead of the battleship Vermont s crew, l lie crew oi me .Mis souri was third and the Mississippi fourth. This afternon the officers of the first and second divisions of the first equad- (CoDoluded on Page 8.) FROM ASSEMBLING WARSHIPS OP !lA: v.. s. . yT , r . -r , lilt . .4v -..... - - v- ..x.-w ' ...... -a . " ' : 111 " ...-V.v 'ZV- - j I LEG HELD IN VISE, MAN SLOWLY DIES TEXCUjED NOTES TETJj TRAG EDY OF LOXE PROSPECTOR, Slide of Quart In Shaft Crushes IJmb and Hanger and Tain Are Companions Until Death. BRIDGEPORT, Cal. Oot SO. His left leg broken and crushed and held Immovable) by a fall of rock In a pros pect hole on his lonely mining claim, 70 miles north of this place. J. J. Miller, recently of Harrisonburg. Va., died a terrible death of hunger and exposure. Miller, whose other limDS were un injured by the fall and whose body was fr.ii ml In a standing position, left a diary written on tho back of an assay certificate. Tho first entry waa Oc tober ,6. The last, reading only "No hppo,"- was dated Friday. October 13. The body was found last Saturday. Miller had been working on his claim In the Patterson district and had sunk a shajt to a depth of 13 or 14 fwt. Th diarv. scrawled with a pencil. against the rough wall of the shaft, contained a daily entry. Beginning with a brief account of the disaster which Imprisoned him. Miller set down each day an account of the tortures inflicted by his crushed leg and the Increasing gnawlngs of munger. Although realizing from me rir. Hi. Hia lonely location of the prospect hole, which the accident had transformed into a death ceil, prac tically made outside aid imposlble, he maintained a courageous and unbroken spirit even down to the last almost il legible entry. Miller leaves a widow and a mother. DOGS TREE MAN 24 HOURS IIalf-Vittrd Son of Physician Sub sists on Raw Owl and Gropes. CHICO. CaL, Oct- SO. After a two days" search Laban Perdue, the 26-year-old son of Dr. L. C Perdue, of this city, was found today In a tree under which bayed several vicious dogs. Perdue, who had ben treed for more than 14 hours, told his rescuers that during that time he had eaten nothing but wild grapes and an owl, which he had cap tured and devoured raw. Perdue is half-witted and has often wandered from home. Baturday, hat less and coatless, he disappeared, and searchers, headed by his father, scoured the country unavalllngly ail day Sun day. Today Frank Barnes, noticing the ab sence of his dogs from his ranch hduse, and hearing their barking In the foot hills. Investigated and drove the dogs from their human quarry. Perdue was weak from hunger and exposure. FRAYED GODDESS IS HAPPY Fall Suit Promised to Symbol on Oregon City Courthouse. OREGON CITY. Oct. SO. (Special.) The goddess of Justice on the Court; house Is to have a new Fall suit. For more than 30 years this symbol of what law should be has stood arrayed In white and gilt and the tints have Buffered severely from the ravages of time and weather. Long ago the scales dropped from the hands of the figure, and facetious persons have suggested that Mr. Blackstone's Inspector of weights and measures should be sum moned. New scales will be supplied and the goddess will be repainted and regllded. County Judge Beatle Is authority for the statement that the work will not cost as much es a complete outfit for a debutante or even a high school girl would cost. GREAT FLEET ASSEM J LED AT i .i: est-; - r. t i r - . . .' ' -,. . .... : . ' i i BZ2T1 F'iJr CHINESE EMPEROR YIELDS TO PEOPLE Constitution Granted by Imperial Edict. THRONE HUMBLE IN APOLOGY Boy Ruler Takes Oath to Carry Out Reforms. REBELS PROMISED PARDON Remarkable Docnment Says Spirits of Ancestors Are Grieved by tTn rest In Empire Palace Not Yet Free Front Attack. FEKIN. Oct. 30. The demand of the National Assembly for a complete con stitutional government has been ac ceded to by the throne. An Imperial edict was Issued today, apologizing for the past neglect of the throne and granting an immediate constitution with a cabinet from which nobles shall be excluded. A second edict gTants pardon to polit ical offenders connected with the revo lution nf isflfi and subsequent revolu tions and- thoso compelled to Join in tho present rebellion. Throne Adnata Mistakes. The imperial edict, which is from the hand of the boy Emperor. Hsuan Tong. says: 'I have reigned three years and have always acted conscientiously In the in terests of tho people. But I have not employed men properly, as I am with out political skill. I have employed too many nobles In positions, which contravenes constitutionalism. "On railway matters one whom I trusted deceived me. Hence public opinion was antagonized. When I urge reform, officials and the gentry seize the opportunity -to embezzle. Much of the people's money has been taken, but nothing to benefit the people has been achieved. "On several occasions edicts have been promulgated as laws, but none of them has been obeyed. Tho people are grumbling, yet I do not know. Dis asters loom ahead, but I do not see." After referring to uprisings In var ious places, the edict continues: "The whole empire is seething. The spirits of our nine deceased emperors are unable to enjoy the sacrifices prop erly, while it Is feared that the people will suffer grievously. Emperor Takes Blame. "All these things, are my own fault, and I hereby announce to the world that I swear to reform, and. with our soldiers and people to carry out the Constitution faithfully, modifying leg islation, promoting the Interests of the people and abolishing their hardships, ail in accordance with their wishes and Interests. The old laws that are un suitable will be abolished. The union of the Manchus and Chinese, mentioned by the late Emperor. I shall carry out now. Finances and , diplomacy have reached bedrock. "Even If all united, I still fear that we may fail. If the empire's subjects (Concluded on Page 8.) NEW YORK. FATED SPOT IS ELOPERS' ALTAR TWO ARE WEDDED AT DEAD MAX'S CROSSIXG. Bridegroom Takes Parson In Auto to Meet Bride and They Are Tied as Train Whizzes Past. EUGENE. Or., Oct. 30. (Special.) When John Jacoby, of Jasper, and Ada Statzer, of Pleasant Hill, met yester day afternoon at Dead Man's Crossing, three miles southeast of here, and were married In the middle of the county road, they succeeded admirably In es caping the routine of more conven tional weddings. While the ceremony was in progress a Southern Pacific pas senger train thundered past, only a few yards away, and the windows rap Idly filled with the faces of amused and puzzled travelers. By previous arrangement the bride groom, who Is the son of a prominent pioneer, left Eugene in an automobile, accompanied by Rev. J. S. McCallum, pastor of the First Christian Church. At the same time his bride-to-be left her home at Pleasant Hill in a buggy. They met at Dead Man's Crossing, a narrow pass between the hills and the Willamette River, and the ceremony was performed at once. They then returned to Eugene and will remain here for several days before leaving on their honeymoon. Mr. Jacoby Is the son of Mr. and Mrs. I. Jacoby, pioneers of Jasper, and Mrs. Jacoby is a daughter of Mr. and Mrs.' E. C. Statzer. of Pleasant Hill. They will live at Mr. Jacoby's farm near Jasper. COUNTY COURTS URGED Preelnct Boundary Ilnes Must Be Arranged This Week. SAX.EM. Or., Oct. 30. (Special.) An urgent request for attention is again sent from the Capitol and from the office of the Secretary of State in ref erence to the establishment of precinct boundary lines throughout the state. The change in the law has caused con siderable confusion in the minds of many county courts. Precinct bound ary lines to govern the primary elec tion and general election must be made by the County Courts at the No vember term of the courts this year, or during the present week. This is necessitated by the new Pres idential preference primary nominating law, which during Presidential election years throws the entire election ma chinery back a corresponding number of days, the primaries next year to be held In April. Thus precinct boundary lines must be laid out during November of the present year, the registration books will open January 1, the primaries will be held in April and the general elec tion In November. TWOHY SCANS WAY TO COOS Railroad Contractor Silent as to Connection With Kngene Line. EUGENE. Or Oct, 30. (Special.) John H. Twohy, a member of the firm of Twohy Bros., who built the Harrl man line up the Deschutes Canyon, ar rived In Eugene this morning and left at once for a trip over tha route of the Eugene-Coos Bay extension. He was accompanied by J. N. Fogarty, who has been promfnently connecetd with the construction of the Natron cut-off, and N. A. Ely and J. R. Martin, of Portland. , Mr. Twohy declined to say whether his firm was interested in the contract for the construction of the line. ENUMERATOR IS GUILTY Dr. F. J. Sbadd Fined $300 for Padding: Seattle Returns. SEATTLE, Oct. 30. Dr. Furman J. Shadd, who was Federal Census Enum erator of the Second Precinct of the Fifth Ward, Seattle, pleaded guilty to day to the charge of turning in fraudu lent names, and was fined $.100 and costs in the United States District Court. Shadd was indicted by a Federal grand Jury in Tacoma In November, 1810, and was arrested and gave bail at South Bend, Wash. There were four counts against Shadd. It was alleged that ho enrolled four Imaginary Chinese from Pier 7: 100' bogus names from a I leading Seattle hotel and 100 fictitious mariners from Pier 6. RATE ADVANCES HELD UP Commerce Commission Suspends Higher Freight Tariffs. WASHINGTON. Oct. 30. Material advances in the freight rates on the heavy, traffic in apples in carloads re cently proposed by the Western trunk lines and individually by the Chicago, Rock Island & Pacific, effective No vember 1, were suspended today by the Interstate Commerce Commission un til February 28. .pending further in vestigation. Formal complaints of the proposed rates reached the Commission from shippers. WILEY LAYS HONORS DOWN Invitation to Preside at London Congress Is Declined. WASHINGTON, Oct. 30. Dr. Harvey W. Wiley, director of the Bureau of Chemistry, put aside a signal honor today when he declined to preside at a congress to be held In London next March by the Pure Food and Health Society of Great Britain. The purpose of the conference, as stated in the invitation to Dr. Wiley, is to consider methods for "overhaul cicntly administered food laws." lng our present antiquated and ineffl- JUDGE BORDWELL V ACCUSES DEFENSE ChallengestoTalesmen Are All Rejected. DARROW TAKES EXCEPTION Attempt to Circumvent Rul ings, Charged by. Court. INVESTIGATOR ON STAND Jurist in Times Case Decides Law yers Cannot Object to Juryman Because of Stand Against Capital Punishment. LOS ANGELES, Oct 30. Judge Walter Bordwell accused the defense In the McNamara murder care today of trying to circumvent his rulings, and rejected two challenges against tales men which formed the basis of his sup position. He also refused to the de fense the privilege of challenging against a Juror who said he would not convict of murder on circumstantial evidence alone, holding that this chal lenge was available only to the stato. Under these rulings, the Jury box contained at the close of court tonight three men passed for cause by both slues. In addition to the four so quali fied when the day's session opened. Defense Takes Exception. To both of the court's main rulings today. Attorney Clarence S. Darrow took exception In behalf of his client, James B. McNamara, who is on trial for the murder of Charles J. Haggerty, a victim of the Los Angeles Times ex plosion a year ago. For the first time since the trial was begun, the defense brought into court today one of its investigators to con front a talesman. R. H. Fitzgerald, a fledgling attorney, took the stand after George W. Johnson, a retired superintendent of an iron and brass foundry, had said he had not told any one it was his belief that the Times was blown up by union men, and had not talked to anyone about the case. Lawyer to Testify Again. Fitzgerald testified that he visited Johnson to obtain some statistical in formation and later talked to him about the Times explosion. He could not remember what was said, he testi fied, without referring to his report.' Attorney Darrow announced that Fitz gerald probably would testify farther tomorrow. Johnson is the man challenge against whom Implied bias on the ground that he is opposed to conviction in cases in volving the death penalty, was refused by the court specifically on the ground that the defense had no right to pre fer It Challenges Are Denied. Challenges against A. C. Winter and Walter N. Frarapton, on the same ground, also were denied, but these met the disapproval of the court as be ing intended to circumvent a previous ruling that the men were not disquali fied because of their expressed opin ions that James B. McNamara was guilty of murder. Both men had contradicte4 them selves somewhat under examination by opposing counsel, the court pointed out The court held also that they de rived their opinions from common notoriety, public Journals and maga zines, all of which are excepted by law from disqualifying a talesman. To this Attorney Darrow excepted, declaring that Winter's opinion con cerning strikes and strikers was based on personal knowledge. Winter having testified that he, as an employer, had replaced a striker one time and was pelted with bad eggs and other mis siles. Court Scores Defense. Of the main challenges against Winter and Frampton, the court said: "The latter challenge of the defense, which 13 now under consideration, amounts to an effort on the part of the defense to render ineffective the court's ruling disallowing the previous challenge. This Is what prompted the defense to lodge the second challenge. It Is not a legitimate proceeding and cannot be permitted. It may well be doubted if the law ever intended to give the defendant in a case such as that before the bar the right to chal lenge for conscientious opinions which might preclude the finding of a ver dict of guilty in a capital case. The review of cases shows no Instance of such proceeding, so far as I am In formed. State Only Interested. "It is clear that the bias resulting from such an opinion is against the prosecution. It would be an anomalous condition which would allow a . chal lenge by a defendant for such cause, where It is plain that only the prose cution is Interested or could be preju diced by the retention of the Juror." Against this position Attorney Le compte Davis argued that the Legis lature, in making the law in question, did not concern Itself with the wishes either of the District Attorney or of the defense, but acted In the Interest of public policy, and with the intent that if either side waived the challenge it was "the absolute duty of the court" (Concluded on Page 6.) Ooa4s44 ea Tac S.)