Morning Oregonian. (Portland, Or.) 1861-1937, October 31, 1911, Image 1

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Foreshadows Doom.
Interstate Commission's Ab
solute Power Foreseen.
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
In lt opinion, the court held that 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
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
"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-
$1,000,000 FllOM PULITZER TO
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."
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.
Southern Oregon Areas Arc Made
Subject to Settlement.
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.
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.
. A ' :
Jt-r ,:nsjs-
Dreadnough Florida
Completes Armada.
Admiral Pleased by Good Con
duct of 30,000 Sailors.
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
The sporting element among the sail
ors was much Interested today In the
14 fiittur race, for which 16
vir.a 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
This afternon the officers of the first
and second divisions of the first equad-
(CoDoluded on Page 8.)
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'ZV- - j I
Slide of Quart In Shaft Crushes
IJmb and Hanger and Tain Are
Companions Until Death.
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
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.
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.
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.
i .i: est-;
- r. t i r - . . .' ' -,. . .... : . '
i i BZ2T1 F'iJr
Constitution Granted
by Imperial Edict.
Boy Ruler Takes Oath to Carry
Out Reforms.
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.
'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
"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.)
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.
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.
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.
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
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.
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
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-
Are All Rejected.
Attempt to Circumvent Rul
ings, Charged by. Court.
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
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.)