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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Nov. 1, 1911)
I ! V 1 POWER USURPED BY COURT, SAYS OLNEY Function of Legisla ture Assumed. REASONABLENESS REAL POINT Action for Relief of Business Is Urged. CONGRESS SHOULD ACT Fx-Perrrtary of Stat Declares Law Making Body la Only One to Decide What Trade Combi nation Shall 1-ive. BT SirHARO OI.NET krntur of In President Clvland'e Second Administration. (Published by Arrfinrement with the Chleaco Tribune) It la axiomatic that the law invarl ably lags behind the condition and needs of progressive communities. Nothing more strtklngly llluatratea the rule than what ha taken place in this country In respect to what are railed the trust. Under the statute of 1S30. trusts, big and little, were out lawed. The Executive Department was required to exterminate them through the courts, their promoters and off! rers were put In the criminal class. nil al! persons Injured by their opera tion were Riven claims for damages. What has been the result of this 20 years war upon the trusts a war waged with the emphatlo approval of the general public? So far from being eliminated. they have persistently grown In number and scope, and. eco nomically speaking, have vindicated their economic right to extst and to stay. Even the most ardent and emi nent trust busters among whom can be IncluOed an ex-President have be gun to perceive that the trusts are only a phase of financial development nid tt realize that the relentless and Ir discriminate assaults upon them are a serious menace to the country's com merclal development and progress, sspnrns Court laflaesieed. even the I ntted States Supreme Court shows the Influence of the spreading of the reaction In favor of big business, and. recalling Its original decision against It, now holds that there are good trusts and bad trusts. ind that It is for It to determine which re goo J and which are bad which shall live and which shall perish. The Supreme Court Is. of course, to be credited with good intentions, and. ty Its latest decision In the trust cases, unquestionably meant to come to the relief of the business of the country. Hut the crucial question Is. has It dona tot In recanting and denying all com binations restraining trade In any de gree to be unlawful has It cleared up the situation or made oonfuslon worse confounded? The situation It dealt with was one in which the law was clear, but Its enforcement so Impracticable and re pugnant to common sense that, as a rule, business thrived, or at least got along somehow by evading or de fying the law with the practical con nivance of its officers. Law 3e Losgrr Clear. The situation the court has substi tuted Is one in which the law 1 no longer clear in which combinations aiuat be adjudicated legal before there fan be certainty as to the lawfulneas ,'f their orgsntxatton or the innocence if their promoters. In which every case .nust be a law unto itself and unto lt jelf alone and In which reasonableness, Ihe supreme test of the validity of combinations and of the non-guiltiness jf the combiners is a highly fluctuat ing factor, necessarily varying with the kind of business, with the time and place where carried on, with the Indis--ter.sablenesa of the business In Its re lation to other business and the gen eral welfare, with the extent of do x.estlo and foreign competition, and nd with a multitude of other circum stances, chief among which will al ways be found to be the length of the Chancellor's foot. Surely. If before the latest trust de risions big business was handicapped Cera use It knew It to be carried on gatnat the law. it la now none the less severely handicapped because, un til the court glvea It Its benediction. It can never know whether Its status is legal or illegal. Itaslaeea Craves Certalaty. What business most craves of all things, however, is certainty and cer tainty before it embarks upon an en terprise and not merely afterwards. It cannot be gainsaid that large com binations of capital for the financing of large enterprises must always be effectually discouraged and repressed by. the menace of litigation over their reasonableness, with all the attending and Inevitable uncertainties. It will le conceded that big business la with us to stay. The financial chaos, the Industrial and commercial stagnation and diaaster that must en sue from reversion to the day of small things to railroads forty or fifty miles long, to factories and farms de pendent for their operation upon the. resources of some one Individual, to independence and isolation among the reptains of industry in place of Inter- tCoeclud-4 jm Fete 3 STRIKE MAY BE PUPILS' REVENGE WILLI WALLA 6TTDKXTS IX REVOLT AGAIXST PRINCIPAL. Board of Education Wants Parent to Leave Ulspnie to Body Burn Ins of Efflfty I Cane. vTAIXA WALLA. Wash, Oct. SI (Special.) Threatened with a walkout of 100 students tomorrow morning, the Board of Education has Issued a state ment asking the pecple of the city to withhold Judgment of the punishment of the boys who burred F. C. Heck, the principal of the high school, in The "fiuf Fawkes" scene resulted from the expulsion from school of tw members of the football team and In v.Hvarin fehnweA that the burnln was nlanned bv members of the team. the nmH of Education declares. For that reason, the dates of the team were ordered canceled and the team cis banded. A petition, was circulated by the stu dents among the business men am ..v.... e ,. .it. vine that the tean be not disbanded and that some other mml.fcment he meter" OUT- I niS was signed generally. The Beard this morn lng Issued a statement that the foot ball players were much Implicated am uk.il that a .ettlament be left to that body. A number of high school boy aroused a sentiment to quit school this morning. It Is said, and a waikou from chapel tomorrow Is planned, mi will I I. k.lt.v.i1 trcltirlA ion stu his dents, possibly more. An effort will be made to prevent the demonstration. POSTCARDS ARE CENSORED Love Scenes, Short Skirts and Ant mal Pictures Officially Banned. CHICAGO, Oct. SI. (Special.) Cen sors will be appointed In every Chi cago sub-postal station, the superin tendents of which Postmaster Daniel A. Campbell has given SO days In which to stamp out the distribution of objectionable postcards. Postmaster Campbell announced today that the su perintendent's salaries will be reduced and they will ultimately be discharged If objectionable cards pass through their offices. The chief pictures ordered barred from distribution are those of men and women fondling each other, women In abbreviated coatumea and animal pictures When asked why he had placed the last-named variety on the Hat Post master Campbell said: "Not one poatal card In 100 bearing the picture of an animal is fit to be exhibited In pub lic." GIRL HIDES AWAY 17 DAYS Telma Jones. 14, Is Reprimanded for Staving Out Late. SEATTLE. Wash, Oct. Jl. (Spe cial.) Hidden under a bundle of dirty quilts In the dark and little-used base ment of her home for 17 days, while her guardians and the police searched everywhere for her. Velma Jones, 14 years old, was dragged from her hid ing place last' evening, a shadow of her. former self, a gaunt and pitiful sight. The girl had dropped from 152 to 125 pounds. Despite her experience. she Is not penitent and sulks and re fuses to be comforted. Crawling from her hiding place when the hand of her guardian. W. C Wllber. of S73S Brooklyn avenue, raised the quilt, the girl was so weak that she scarcely could walk. She had hidden away when reprimanded for staying out late to a movlng-plcture show. CITY TREASURER IS NEED State Official Says Vancouver Re quires One Man's Time. VANCOUVER, Wash.. Oct 31. (Spe cial.) 0 many public Improvementa are being made In Vancouver and the bualness of the office of City Treasurer Is Increasing so rapidly, that Wlllard W. Clark. State Examiner of the Bu reau of Inspection and Supervision of Public Offices, will recommend to the State Auditor that a City Treasurer be employed to devote his whole time to the work. At present, a bank clerk la elected and paid S30d a year to do the work. Vancouver's financial condition Is ex cellent. There is an Indebtedness of only $40.0"0 against the city, but It has a borrowing power of 1100.000. Bonds can e Issued ror public utilities to the extent of 1175,000. The city records are kept in cedar cupboards In the City Hall. BRYCE FRIEND OF CANADA Parliament Told Taft Hoc Xot Seek to Disrupt Kmplro. LONDON". Oct. 31. In respons to a question from Rowland Hunt, Unionist membr of Parliament from the South Ptrision of Shropshire, Sir Edward Grey today denied that President Taft had expressed a do si re to break up the British Empire and that Ambassador Bryce had given assistance, Mr. Hunt asked whether Mr. Bryce would be Instructed not to assist in the negotiation of another treaty sim ilar to the T'nited Sta tea-Canadian reciprocity agreement, whirh failed. The Foreign Secretary replied that Bryce had been instructed to give Canada what assistance he could and would never act contrary to the policy of Canada. REBELS BELIEVED TO HOLD HANKOW Perils Along Railway Line Increase. TROOPS GUARD MISSIONARIES Many Americans Are Seeking Refuge in Pekin. GARRISONS JOIN REBELS Revolt at Pao Ting-Fa Especially Imporant Because of Effect on Lives of Imperial Generals. Ministry May Resign. TEKIN. Oct. 81. Fighting; between the rebel forces and Imperialists con tinues. It is believed that the rebels are making; a determined resistance. Lata advices Indicate that Hankow was not retaken by the imperialists, although General Tin Tchang captured the railway station Immediately to the north.- Contrary to promises, the railway service has not been resumed, nor has the telegraph communication been re established. The fact that the Asso ciated Press correspondent with Tin Tchang has sent no word from the field In two days may Indicate that the sol diers will not allow him to report un favorable news. There are serious dan gers along the railway line between the War Minister's position and Pekln. Disaffection among the troops and the people has prevented satisfactory com munication between the various sec tions of the loyal army. Rebels Disbelieve Promises. Tuan Shi Kal started for the front yesterday and Is now at Bin Tpan Cha. News of the policy which he will adopt Is eagerly awaited. Negotiations look ing to a settlement have been under way between Tuan Bhi Kal and the revolutionary leaders, but the rebels are confident of their strength and have expressed themselves as having little -faith In the promises of the throne. The Americans will hold a meeting at the legation tomorrow to decide upon definite measures for their protection Foreign troops are guarding the mis sion fccuses In Pekln. It Is believed that serious trouble in the capital will be avoided, but the Americans, like other foreigners, are preparing for emergencies. Detachments of British, French and other guards have been distributed to the missions which lie outside the legation quarter. Americans 9ettjns; Refuse. Many Americans are among the for eigners who are seeking refuge here (Concluded on Ptvg Plv.) SCENES IN AND ABOUT HANKOW, NOW CENTER OF ACTIVITIES IN CHINESE EEBELLION Fi j V- - f'HLZ'i- .iN-kx - - A:-. :- it! i ABOVE, TVPK OF A It'll 1. 1. FKV WHICH GOVEROrE3IT TROOPS AKE ISIVCi YAMiTSE-KiASiQ nitirn tin irit. foreign ui abtehs INDEX OF TODAY'S NEWS The Weather. TEST FR D AT S Maximum temperature. 64 decrees; minimum. 40 decrees. TODATTS Fair: northerly winds. Foreign. Recapture of Tripoli br Turks imminent. Page 1. Rebels believed to hold Hankow still. Pae X. National. Inisated farms are found profitable. Pass 16. Domestic Ex-Secretary Olney says courts In trust cases assume legislative rights. Pace 1. Rodsers and Fowler.- transcontinental avla tors. plan to meet m air over Tucson today. Pase 6. Wlekersham proposes that court bold injunc tion over tobacco trust te Insure good faith. Pace McNamara Jury still lacks three of quota required before peremptory challenges are used. Page 3. Hev. Clarence V. T. Rlcheson Indicted for murder of swsetbeart on five counts. Page S. Socialism will be Issue In Los Angeles lec tion; Job Harrlman named as candidate to contest with Alexander. Page 4. Professor John J. Montgomery, noted sci entist, killed in aviation experiment. Page 1. Taft helps celebrate centennial of steam navigation. Pace 8. Pacific fleet sails north for review. Pag 4. Sport. Allan T. Banm elected president of Coast Icarus by unanimous telegraph vote. Page 8. Frank notch, champion wrestler, te demon strate famous toe hold tonight. Page 8. Hill Mllitsry Academy defeats Portland Academy by score of 18 to 0. Page 8. TCntrled Oregon football men gain confi dence with victory over Pullman. Page 8. raclfie Northwest. Walla Walla high school students threaten to strike. Page- 1. Trl-County Development Leagoe holds ses sion at Arlington. Page 0. . Old life of man once mill hand In Seattle locked In oblivion. Page 7. Sheepherder slaya mother with butcher knife, page a. Proposal to establish port at Port Orford carries In Curry County. Page 6. Walla Walla merchants bury "grouch at Mardl Graa opening. Page 7. Commercial and Marine. Tanners large buyers of hides at premium. Page 21. Wheat breaks at Chicago on heavy selling by longs. Page 20. Sharp rise In stock market late In day. Page 1. Wool moving actively on Boston market. Page 21. Flour shipments for October triple record of year ago. Pace SO. Portland and Vicinity. Municipal Judge Tazwsll denounces Police Commissioner' Coffey from bench and Coffey reiterates charge. Page 13. Halloween antics marked by absence of hoodlumlsm. Page 10. Sugar price tumbles as algnal of refiners war. Page 1. Portland's record In all lines In October hows great progress. Page 1. B. F. Dowell is appointed Chiaf of Fire Department. Pag 14. Child welfare show opens with exhibits at Armory. Page 18. Auditorium Jury selects old Exposition build ing site as best for Auditorium. Page 12. No Orevon apple-growers are In Madlron Square Garden; Washington seat 17 dls ' plays. Pare 12. NATURE NUMBERS PEAK Mystic Figures "187" Stamped Boldly on Face) of Mount Adams. HUSUM, Wash.. Oct. 31. (Special.) Mount Adams has a number of Its own standing; out In bold figures. The number 1S7 is clearly discernible on the southeastern slope near the top of the mountain, by ranchers living- in the Camas Prairie and Glenwood sections. The figures, which appeared this Fall for the first time, are open ground or rocky spots on the mountain side, where melted snow has left a stamped number for the famous peak. NOTED SGIEflTIST M Professor Montgom ery Dies After Fall. GLIDER TURNS OYER IN AIR Wife Sees Tragic Termination of Flying Experiment. END COKES IN HER ARMS Physics Teacher at Santa Clara Col lege, Cal., "Long Famous as In ventor and as Authority on Aerial Navigation Matters. cau Tn-tr r-sl. Oct. 81. Professor John J. Montsromcry, of Santa Clara Colleg-e, died this afternoon from the m A.iriA fail from an &er- -enecta 01 win"" oplane slider he was experimenting . . ...... mil," with in the foothills aooui. tt ,i in.t rnntrol of the ma- Jin V" . - j chine, according; to eye witnesses, ana fell 20 feet, sustaining Injuries to the back and base of the brain, wn-cn j ..tv. liftie more than all BUllBU U " hour and a half after he was brought back to Santa Clara in the eutomoo.- of Dr. J. I. Beattle, who was imra" immediately. -nrfe. UHafM of All Professor Montgomery remained con scious up to the last and spoke co herently to Dr. Beattle several minutes before he passed away. wv.. tv, (TiTureii man was taken to his residence at Santa Clara, he was ..n to be slowly sinking. Everything i... i er-ionca could devise was -.110.1. U1TJ - - . . tried by the attending physician, but all that could be aone " the agonies of approaching oeatn. Mrs. Montgomery was with her dis tinguished husband, and was watching him in his experimental flights when K Tr-acrarlv OCCUTTed. According tO i't n . r -r.Ta-TnArv who Is almost dls- tracted by the terrible termination of the experiments, the macnine was en fa.,t fmm the around when it got beyond her husband's control and fell. He died In his wire s arms. Invention Brings Fortune Professor Montgomery had been an authority on aerial navigation ever since the first elements of the' science developed into practical result. He vnn Intamfltlnnil tuTTlB U the lnVCntOT of an electrical rectifier and of several patent appliances to facilitate aenai Recently he sold for $1,700,000 his rights to certain aeroplane improve ments, the payment of this sum being contingent on the winning of a suit against the Wright brothers fur alleged (Concluded on Page e.) AGAI7ST REBELS G1JMPSB OF at hankotcv. AVIATION in TURKS ABOUT TO .RETAKE TRIPOLI v.- ITAXIAXS REPORTED TO HAVE STJFFERED EXOBMOCSLY. Ottoman Emhassjr at Washington Hears That Situation in Africa Is Being Reversed. WASHINGTON, Oct 81. The recap ture of Tripoli by the Turks seems Im minent to officials of the Turkish em bassy here, in the light of official ad vices from Constantinople tonight. The dispatch says that an attack was made on Port Seye-Mlsri-ep-Hennl and that the Italians had evacuated the place, leaving behind a great quantity of am munition and other supplles. The losses of the Italians are re ported to be enormous, while the Turks are said to have lost 40 killed and abount 100 wounded. The Turkish forces, reinforced by volunteers, first advanced upon Tripoli on the night of October 25, breaking the lines of the Italians at different points. This attack lasted until 4 o'clock the next morning, when the Italians retreated to a remote corner of the town. JAPS BATTLE RUSSIANS One Slain Wlien Czar's Patrol Cruiser Traps Poachers. VICTORIA, Oct 81. News of a fatal sealing raid at the Copper Islands by Japanese sealers has been received here. The Japanese schooners Boso Maru, Chltose Maru and Toyel Maru anchored off the seal rookeries in a mist The Russian patrol cruiser ar rived and they all weighed anchor and ran, leaving their small boats. There were five boat crews ashore from the three ships and when the Rus sian guards cams to arrest them some of the raiders opened fire on the Rus sians with rifles. The sealers took shelter behind rocks and endeavored to keep off the guards. One Russian was killed and several wounded. Fifteen Japanese were cap tured. The captives Hvere- taken to Vladi vostok and members of the crew of the schooner Boso Maru, which has re turned to Japan, say that one of the number is expected to be sentenced to death. RUIN TO 4 FOLLOWS ESCAPE Italian Bondsmen Forced to Pay $6000 Bail Is Forfeited. BEATTLE. Oct SI. Pietro Llcastro and Joseph Martini, accused of arson, failed to appear when their case was called for trial today, and their bail bond of fSOOO was deolared forfeited. Their bondsmen, four Industrious Ital ians, will be entirely ruined by the for feiture. The alleged firebugs are half broth ers. They rented a house on Thir teenth avenue. South, put some fur nlturo into it and Insured the furni ture. On the night of October S the house was blown up by an explosion and the ruins burned. The police say that the furniture had been removed and that gasoline cans were found in the debris. It was learned that the accused had purchased gaso line from a store near by. HITCHCOCK TO WED, RUMOR New York Widow Is Mentioned With Name of Cabinet Member. WASHINGTOX,- Oct. 81. (Special.) Subordinate Postoffice Department of ficials In whom Postmaster-General Hitchcock takes a particularly friendly Interest have been told Quietly to have en eye out for their futures. The current report In the department is that Mr. Hitchcock will resign his Cabinet place before the first of the year. Rumor has had it many times that Mr. Hitchcock was to he married. Rumor has it so again, but this time it seemingly is a more robust rumor. It goes bo far as to lnolude the name of Mrs, Stlckney, a widow, of New York City. Mr. Hitchcock has been much In New York recently. It is said a Euro pean tour Is In contemplation im mediately after the wedding. These rumors refuse to down. 1 BAKER SHAKEN BY CANNON Halloween Celebrants Also Carry Off Bljr Chinese Idol. BAKER, Or, Oct. 81, (Special.) The Columbia Cannon recently secured from the Government and placed on the Courthouse lawn as a memorial to Colonel Edward Dickson Baker was fired by Halloween miscreants at mid night with disastrous results. Court house windows were smashed and, buildings for blocks around suffered. The Baker Chinese colony is in a turmoil over the theft of an image of Buddha taken from the temple. The statue Is six feet high and was .hauled up by ropes -through a hole cut In the roof. JUDGE MUST PAY FINE Beaverton Magistrate Suffers for Taxing: Hunter $15 Too Little, Because he Imposed a fine of 810 when the law declares the line shall be J25, Justice of the Peace. Fry, of Bea verton, will be required to make up the difference. This decision was an nounced yesterday by an official in the Stato Gam Warden's office on author ity of Attorney-General Crawford. PORTLAND'SSTRiDE TO FRONT KEPI UP October Records Gain , on All Sides. BUILD N3 INCREASE IMMENSE Bank Clearings Climb 40 Per Cent in Two Years. CITY RANKS AMONG BEST Representative in Congress From Xew York Says Xone Exceed Me. troqolls This Side of Chicago. 1910 Is Already Exceeded. PORTLAND'S BrrLDENO GAIJf BEATS LOS AN&EXES. With Ixis Angeles' populatloan 100,000 more than Portland's, the building construction in that city for October exceeded that In Portland by only S181.O0O. Seattle fell far be hind, the total permits of Portland exceeding thoss of Seattle by more than $1,000,000. The smuman fol lows: Pop. In October 1010. permits. Portland aOT.214 $1,688,580 Jjob Angeles 319.19S 1,820.000 Seattle 23T.194. e38,S03 Maintaining its lead as one of the most prosperous- and substantial cities in the United States, Portland during the month of October made a remarka ble showing by surpassing the record for the same month last year in every line of business and industrial activity. With big gains on every hand, the progress of the city for the first ten months in 1911 exceeds by far the showing of the corresponding period of 1910. Big gains were made In bank clear ings, building permits, real estate transfers, postal receipts, livestock re ceipts and lumber, grain and flour shipments. In proportion to these in creases other commercial activities had a satisfactory month, indicating as the year draws to a close that Portland is enjoying the greatest prosperity in its history. In substantiation of Portland's sus tained growth and present commercial solidity, Edward B. Vreeiand, Repre sentative in Congress from New York, said when in the city Monday that he had visited no city since leaving Chi cago that was in such a prosperous and healthy condition as Portland. Building Gala Great. In building statistics a substantial gain was made during the month, while for the first ten months of the year the increase amounted to 10 per cent. There were 665 permits issued as against 626 permits for the correspond ing month in 1910. The valuation was $1,688,580, compared with $1,681,170 for October of last year. With the ex ception of a few buildings, the larger portion of the permits were Issued for dwellings. The building permits for the past ten months reached $14,856,879, com pared with $13,365,402 for the same period in 1910, There are now In the office of the Building Inspector plans for nine class "A" buildings, permits for which will be issued probably this month. The construction of these buildings alone will represent an ex penditure of over $2,500,000. In point of population It is doubtful whether any city in the United States can make as good showing as Portland In build ing construction. BanJcs Are to Front Indicative of the growing financial condition of the city is the big gain made in bank clearings. The total clearings for the month were $55,133, 194.44, compared with $48,844,009.35 for the corresponding month in 1910. This is a gain in excess of 14 per cent and is one of the biggest increases of the year. It is interesting to note that the clearings have been increasing gradually for the past two years, the totals for October, 1909, being $40. 908,648.21. The increase over the show ing made two years ago is $14,225, 645.23, or about 40 per cent. Portland's clearings for the month show a larger Increase than that of any other Pacific Coast city. One of the important features of the monthjs record is the immense increase in foreign and coastwise lumber ship ments, which amounts to nearly 66 per cent. There were shipped to foreign ports .14,002,822 (eet of lumber of a total value of $148,207. Foreign lum ber shipments in October last year were 11,611,476. The lnorease for the month was 2,491,846 feet- Coastwise shipping amounted to 12,830,000 feet compared with 7,760,000 feet for the same month of last year. The total coastwise and offshore shipments reached 26,332,822 feet. Floor Shipments Big. Flour shipments made a most satis factory showing. There were exported 151,909 barrels as against only 50.168 barrels for last October. In ooastwlse business a still better showing was made, the total shipments for the month amounting to 177,806 barrels. Grain shipments for the month were about the same as for the same month (Concluded on Paa 8.) f. m 108.0
