Image provided by: University of Oregon Libraries; Eugene, OR
About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Nov. 1, 1911)
POWER USURPED BY
COURT, SAYS OLNEY
Function of Legisla
REASONABLENESS REAL POINT
Action for Relief of Business
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
(Published by Arrfinrement with the Chleaco
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
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
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
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
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
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
The chief pictures ordered barred
from distribution are those of men
and women fondling each other, women
In abbreviated coatumea and animal
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
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
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
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
TO HOLD HANKOW
Perils Along Railway
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
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
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
TEST FR D AT S Maximum temperature. 64
decrees; minimum. 40 decrees.
TODATTS Fair: northerly winds.
Recapture of Tripoli br Turks imminent.
Rebels believed to hold Hankow still. Pae X.
Inisated farms are found profitable. Pass 16.
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
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.
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.
Taft helps celebrate centennial of steam
navigation. Pace 8.
Pacific fleet sails north for review. Pag 4.
Allan T. Banm elected president of Coast
Icarus by unanimous telegraph vote.
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.
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.
Wheat breaks at Chicago on heavy selling
by longs. Page 20.
Sharp rise In stock market late In day.
Wool moving actively on Boston market.
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.
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"
-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
. 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
TURKS ABOUT TO
ITAXIAXS REPORTED TO HAVE
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
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
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.
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
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.
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
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
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
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
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
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
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.)