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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Dec. 17, 1912)
TIIE MORXIXG OREGONIAX, TUESDAY. DECEMBER 17, 1912. SGHEDULEVRANGLE ASSURED SATURDAY Tacoma Meeting May See Fight as Result of "Iron Man's" Proposal. M'CREDIE TO HAVE VOICE Split Series Plan at Seattle, Whlcb Did Xot Prove Successful, Will Come In for Warring on Part of Portlander. With Tacoma and Victoria demand ing more games and an even break with the other clubs on games In Seat tle, Spokane compelled to fight for as many games as last season and Joe ilcGlnnity. the new Tacoma boss, ad vancing his four-game series theory, the Northwestern Leaguers are due for an extended schedule wrangle at the annual meeting called for Tacoma next Saturday afternoon. McGinnlty"s Kastern schedule Ideas will receive little attention at the hands of the Northwesterners, who tried out the expensive scheme several years ago. The Pacific Coast cities are accustomed to full-week baseball series and there Is no demand for a change. But the Tacoma and Victoria de mands for more games in 1913 unques tionably will receive consideration both as to. home games and clashes with the Seattle champions in the re munerative Dugdale park. Spokane proved such a poor town the greater part of last season that Joe Cohn must play a strong political hand. In addi tion to presenting a series of convinc ing arguments, if the Indians play more than 12 weeks at home in 1913. The spilt series system at Seattle, which did not prove successful last year will come In for much belaboring, with W. W. McCredie. of the Portland Club, one of Its persistent opponents. "If Seattle and Tacoma were like San Francisco and Oakland, with a fair percentage of Tacoma's population in Seattle, .McGinnlty's team could play In Seattle against a foreign team with financial success." says President Mc Credie. "But the comparison is not there; Seattle draws big against other clubs, but the fans do not turn out even passably well when two outside squads play there. "I would like to see about 120 games in Seattle, with Victoria and Tacoma, the weaker teams, pitted against Seat tle more frequently. Instead of Spo kane and Vancouver, which do not need the money so badly." A clash over the 1913 schedule was presaged when the directors met In Portland last Fall. The owners talked over a prospective Itinerary of play, but It was Impossible to reach any kind of an agreement. President McCredie, the schedulemaker of the Coast, has decided not to present his annual map at the meeting, as he Is certain that It would not be adopted. The season may open next year on Sunday. April 12, but In any event ths Portland opening will be on Monday. May 6, three, weeks after the Coast League Inaugural. Fielder Jones Issued a call for th annual meeting yesterday, naming the Tacoma Hotel, at Tacoma, at 2 o'clock on Saturday. Schedule and election of officers will be the chief topics of discussion. e Jones Is a passive' candidate for re election to the presidency, deciding to accept the berth for another season at the earnest solicitation of every one of the league directors. His admlnls tratlon last season was an ideal one and the demand for bis retention is unanimous. "We won a big moral victory at Mil waukee even if we didn't get an A class rating," commented Mr. Jones yesterday on the recent activity at the minor league convention. "We are permitted to expend $3500 monthly In salaries, while the A leagues are en titled to pay out only 5100 more. "There would have been nothing to It If the Coast League people had given us any support or even kept out of the game. The Northwestern League would bo a Class A organlza tion today but for the opposition. How ever, all recognized our right to recog nition and were willing to concede us the extra $1000 for salaries." With the salary concession the enter Ing wedge the Northwesterners will make an effort to break Into the A ranks at the Fall National Association gathering of 1913. President Jones Intimates that he will make one or two changes In his staff of umpires next season. He de clared yesterday that the staff would not be the same as In 1912, but quail ned this with the remark that he had no right to talk, as he had not been named president for 1913. George Van Haltren, the veteran of the squad. Is the diamond arbitrator must likely to go, unless Moran or To man nave secured other berths. Sev eral of the managers howled long and hard against "Van" last season, the general opinion being that his eyesiahl was not equal to the arduous duties of umpiring. JIILTAOJUH MEX ARE OCT "Fireman" Knonlton and Gay to Appear In Boats. bouts will be presented on January 17. The programme will be open to the public The first official step In the move ment to bring the annual Pacific Coast Intercollegiate track and field meet of 1913 to Portland will be taken tonight at the meeting of the Multnomah Club board of directors. The board will be asked to authorize T. Morris Dunne, of the outdoor athletics committee, to of fer Multnomah Field to the Coast ath letes. Seattle, Los Angeles and Portland are the aspirants for the 1913 meet, with Idaho, California, Oregon, Stan ford and the Oregon "Aggies" said to favor Portland. As Multnomah Field Is one of the best places In the country In which to bold an athletic gathering of this kind, and Is splendidly situated from a Northwestern standpoint, Mult nomah Club officials are confident that the meet will be staged here the latter part of May, 1913. In addition to the Northwestern schools, Pomona, Occidental, Santa Clara, St. Mary's, Nevada, California, Southern California and Stanford are among the colleges which annually send teams to the Coast championship meets. Eddie O'Connell, pinochle champion of 1911, was defeated by T. Morris Dunne, Saturday night. In the annual Multnomah Club tourney. W. B. Streeter beat Edgar Frank, Sunday, but Frank hopes to beat Dunne, the pros pectlve champion, baaing his claim for victory on the fact that he has Dunne's "goat." Twenty-one players, a squad of grid Iron stalwarts sufficient to cope, nu merlcally, at least, with the best that Tom McDonald's All-Stars can offer, will make the trip to Seattle, Friday afternoon, to represent Multnomah Amateur Athletic Club against the Seattleltes In the big Saturday football struggle. The following players are scheduled to make the trip, according to Dow walkers announcement: Cherry, Carl son, Rogers, Convtll, HIckson, Calll crate, Rinehart, Clarke, Wolff, Hurl burt. Keck, Ludlum, Burnett, Mon tague, Rupert, Duncan, Burton, Smith, Woraham, Latourette and O'Rourke. W alker has reserved a berth for O'Rourke, hoping that the big tackl will change his mind and decide to stay with the game until after the bouts with the All-Stars. Trainer "Doc' Schmleder, Manager Pratt and Dow Walker will be members of the" party. Twenty-three Multnomah Club mem bers have signed up at the club for the special train. In addition to many others who reserved berths at the rail road office. Lyle Brown, the Winged M" yell leader, will boss the rooters at Seattle, giving them workouts at every station while on the way from Portland to the scene of the Saturday conflict. The special train, with Its 2S0 people, will leave the Union Depot at 2:45 o clock Friday afternoon. LEGAL RATE ATTACK BILL BEGINS Harriman and Hill Attorneys View Initiative Measure Not Constitutional. FEDERAL JUDGES EN BANC Attorney-General Crawford in Mak ing Defense Asserts Act Comes Clearly Within Rights of Elect ors and Urges Test. CHICAGO GAME SETTLED WASIirXGTOX HIGH SCHOOL- RE- TCRXS SIGNED CONTRACT. Thayer Probably Will Bo In Line December 28, and Many Posi tions Are Speculative. Two 135-pound boxing and 125-pound and heavyweight wrestling bouts will comprise the lnterclub mltt-mat pro gramme between Multnomah Amateur Athletic Club and the Seattle Athletic Club in Portland on Friday night. Jan uary li. The "smoker" will be the second of the Winged "M" season in Portland, and the first clash of the season between the rival clubs. "Fireman" Knowlton and Lorry Gay are the 135-pound Multnomah Club boxing nominations. Convill will rep resent the cjub In the heavyweight grappling number, while the 125-pound man win fe cnosen from a trio com posed of McCarl, Cllburn and Stevens. Fred Stevens, the old 115-pound club matman. Is back carrying 10 pounds additional weight, and Eddie O'Con nell expects to groom him for the com ing programme. The Seattle men named for the com petitions are Rothus, 135-pound boxer, and Runchie, 125-pound wrestler. Port land retaliated by naming 135-pound boxing, and heavyweight wrestling as Its half of the four headline bouts. The opponent for Rothus will not be named until the second lightweight boxer from Seattle Is announced. Edgar Frank, Multnomah Club Indoor athletics chair- man. Is anxious to use Knowlton and Gay against boys with the same style of milling. Convill. the heavyweight wrestler. Is a former University of Utah football and grappling champion, and star line man of the Multnomah Club football team. Unless "Polly" Grimm, another football man, turns "pro" soon, he may be pitted against Convill In the coming matches. In addition to the four lnterclub numbers, two or three special boxing Final arrangements for the Wendell Phillips-Washington High School foot ball game on Multnomah Field. Decem ber 28, were made-yesterday, when the contract, signed by Principal Herdman of the Washington High School, was returned to Chicago. The game will be played under the same league - rules which governed interscholastio games during the past season. , Some of the conditions which the Chi cago team insisted upon having the Portland school agree to are: No player In the game shall be more than 21 years of age on the day of the game; all players In use must have been attending the school they repre sent at least since October 1, 1912, and all-must be vouched for by the respect ive principals. The 'Washington contract called for a guarantee of $1000. A separate con tract was made with each school and Boise presumably agrees to provide $1000, while the Astoria High Is sup posed to pay $500. The tickets for the game will be on sale soon at several central locations. The students of the "prep" schools of the city will be able to get the tickets for half price until Wednesday before the game, when the price on all win be $1.50 for the reserved seats and $1 for the general admission. The team under the direction of Coach Earl Is holding practice sessions dally. Two new men. Thayer and Casey are expected to upset the lineup which represented the school at the close of the lnterscholastlc season. Thayer turned out at the first of the season and seemed In a fair way to make the team, but his parents ob jected to his playing, so he withdrew from the squad. Now, however, he has secured the consent of the "pater" and will give the men around the guard and tackle positions a lively time to hold their places. Casey formerly played with La Grande High. He weighs 185 pounds and probably, will be used in part of th game. He also win attempt to get one of the places around the center of the line. The backfleld Is unsettled, depending upon the line. If the places of Beckett and Tegart, all-star tackles, can be filled, this duo may play in the back field. Otherwise Normandln will play one half. Knouff. Foster and Bovette are others who may get opportunities to play In the back field. Foster and Bovette are In line for jobs as quarter. Baker and Morrow are the probable ends. I MPER LYLS INCREASE LEAD X. L Three Straight Taken From I Team In Bowling League, ThA Tmnerlals increased their lead In h. Rfcr Four bowling league last night, taking three straight games frnm the I. X. L. team. 2443-2340. The Telegram five defeated the Shoe Dogs, two in three games, 2149-2050. Inci dentally, the Shoe Dogs won their first game of the season, btever, oi me Imperials, rolled 204 for high score of the evening, l ne scores. Imperials Stever .' Jones . Covin . Cooper . Nell . .. Johnson Totals . .. I. X. u C. P. Peterson Brim void .... Absentee . .... Totals . . Telegram- Smyth Y ursweller Wlilett . ... Chatterton . Farlle . Stone Totals . .. Shoe Dogs Campbell , Hatts GrroMlng . .. Howard . . . PIKo . ...... Totals . . . 1st Sd Sd Total Av. . . 1ST 24 l.rS MR 1S3 . . ir.n 141 107 4tf7 16 . . 17S 1T.9 132 4B 1.13 . . 120 142 ... 2V2 131 .. 162- 174 1"3 4S3 IBs 171) 177 177 . . SOS S20" 817 2443 1st - 2d 3d Total A v. .. 12 120 1B3 411 J37 . . isa 170 1.18 517 172 . . l.W 174 1M 504 168 .. 12.1 12.1 125 . . 151 13 1S 1W3 178 .. 743 782 SIS 2340 1st 21 3d Total Av. . 141 112 182 434 14.1 .. 117 117 117 ,. 143 118 140 409 ,. 1M 1W JB.1 S14 171 . 138 1.15 13H 432 144 . ... ll6 137 243 122 . 719 630 771 2149 1st 2d 3d Total Av. . Kifl 1M 1.13 445 14S . 134 140 144 418 139 . 147 130 12.1 42 134 . 127 l'Jrt 112 JtlB 120 . 133 143 IT 42(1 142 . GOO 714 6t 2US0 Counsel for the Hill and Harriman lies, at a hearing in the Federal Court yesterday. Joined In a vigorous legal assault on the constitutionality of the Medford rate' bill, the initiative meas ure adopted by the people In the No vember election. By the railroad law yers the law was pronounced invalid, because it proposed arbitrary class leg islation as to rates, destroyed the au thority of the Railroad Commission to determine the reasonableness of rates and discriminated against the small shipper in favor of the large shipper. Argument touching on the constitu tionality of the bill was heard by United States Judges Gilbert, Wolver ton and Bean, sitting en banc. In con nection with a consideration of the ap plication of the Southern Pacific Com pany for an interlocutory decree of the court suspending the enforcement by the state authorities of the penalties provided therein, pending final de cision not only as to the constitution ality but as to the real meaning and effect of Its provisions. The court an nounced, following the hearing, that a decision as to the application of the railroad company would be made in two or three days. Initiative Rights Defended. Attorney-General Crawford, appear ing for the state, urged that the enact ment of the measure came clearly with in the rights of the electors of the state under the Initiative. He. contended that Its purpose was to encourage the movement of freight from points with in the state to other points in the same territory in carload lots without in terfering In any way with commodity rates. Mr. Crawford argued that the Western classification In the present tariff wasathe one referred to In the initiative act, although It was not spe cifically named. Mr. Crawford also claimed for the bill that its purpose was to effect a wider difference in the classifications as to freight moved within the state. - Al though admitting It was not known what the effect of the operation of the bill would be, Mr. Crawford, contended the only way to ascertain that fact was by an actual test. The railroads, he said. In this case were objecting to any changes In the rate classifications because some other authority than the carriers themselves, had proposed the bill. In other words, emphasized the Attorney-General, the railroads were objecting to a. proposed modification of rates by the people a privilege the railroads under the law exercised at their pleasure. BUI "Inspired" la Charge. Before concluding, Mr. Crawford ad mitted that the rate bill should not have become operative on the day it was enacted by the people, but that probably 60 days should have elapsed to give the railroads concerned an op portunity to revise their tariffs to con form to the requirements of the meas ure. As to the charge that the measured would discriminate against the small dealer by encouraging carload ship ments, Mr. Crawford maintained that this was only in keeping with the gen eral policy of the railroads, which In every way encouraged heavier ship-, ments by giving a better rate on car load shipments than on less than -carload consignments. Arthur C. Spencer, who opened the argument for the railroads, charged that "the bill was inspired by certain obblng Interests of Medford and Baker, who expected through its en actment to secure for their sections unfair and unreasonable advantages which nature had not given them. He pointed out- that the Railroad Com mission, only a few weeks prior to the adoption of the law, had fixed over the complaining company's lines what the Commission regarded fair and rea sonable rates. The constitutionality of the act was discussed at considerable length by J. B. Kerr and A- C. Hart, representing the Hill lines, and Robert Service, of Baker, supplemented the remarks of Attorney-General Crawford. Act Viewed sH Invalid. W. D. Fenton, counsel for the South ern Pacific made the concluding argu ment for the railroads and summa -lzed the reasons upon which the com pany sought an order of the court sus pending an enforcement of the penal ties imposed in the act pending a final determination in the' courts of the constitutionality of tie law. In pre senting this summary, Mr. Fenton said: "The act Is invalid because It Is arbi trary class legislation - discriminating in .favor of carload shippers of certain commodities and against less than-car. load shippers of the same commodities. and in favor of certain weight cars used against a less weight of cars used by different shippers, and In favor of certain kinds of commodities of less value and equal risk to carry and against other commodities of greater value and eaual risk to carry. "The act is invalid because while not fixing maximum or any rates, it In effect destroys the authority of the Railroad Commission or the courts to determine whether particular or any rates are reasonable. Under this act. If the carrier fixes rates under class one upon certain articles, the statute would then operate to apply a per centage of that rate to articles classi fied in the remaining classes, and would fijc an arbitrary rate without any opportunity to any one to apply the statutory rule that all rates must be reasonable. Such result Is taking property without due process of law and a denial of the equal protection of the law required by the Constitution of the United States. Penalties Called Excessive. "The act Is void because the ballot title reads: A bill for an act fixing the percentage that freight rates on less than carload lots shall bear to carloads, and to establish minimum rates and maximum freights, and providing pen alties for violation of the act.' while the title of the act is in substance to provide for a uniform percentage in the relationship of the classification rat ings, to provide minimum carload weights, to fix the maximum rate on basis of less than carload rate and mini mum carload weight that may be charged on carload shipments of prop erty, and defining the rating upon which the carload rate shall be com puted, and there Is not one word In the act which fixes a rate for a single commodity, while the initiative peti tion signed by the voters as the Initial step in the legislation Is entitled, 'for the establishment of uniform railroad freight rates.' The act Is therefore void under Section 20, Article 4, Con- j stitution, as to title of the act. "The act is void because of the ex cessive penalties possible and because these penalties became effective on the evening of November 6, 1912. when the polls closed, the act being then In ef fect, if valid, before any shipper, or carrier, or officer could ascertain that It was a law, and allowing no reason able time for anyone to observe Its provisions. ' Discrimination Pointed Out. "The act is void for uncertainty in this, that It does not define or adopt any standard of classification, but does adopt a standard of rates measured on percentage of all classes In their re lation to first class rate, and is a dls crimination In favor of wholesale deal ers as against retail dealers engaged In the same business at the same place, giving to the one a rate of 60 per cent of first class, depending upon the Bize of the car, and the other a rate of 29 per cent of fifth class, thus denying to men engaged in the same business at the same place the equal protection Of the laws. "The act Is not a regulation, but Is an attempt upon the part of the state to exercise the rights of ownership or operation of railroad lines without compensation or without change of ownership of property." The hearing was attended by Com mlssloners Altchison, Campbell and Mil ler, of the Railroad Commission; nu merous rate experts and a number of lawyers from Eastern and Southern Oregon. Good. Useful Christmas Suggestions At The "HOUSE OF COATS" Store Open Evenings Until the Holidays Till 9 o'clock Men's, Ladies' and Children's Annual Pre-Inventory Sale Raincoats AT Price and Less Extra Special 350 Men's and Ladies' tan and gray $5.00 Slip-Ons, to day and Wednesday $1.90 343 WASHINGTON 343 One door west of Seventh Judge has no way of shutting out the women entirely. One woman in par ticular invariably has been present In all the courtrooms when there was nv evidence of a sensual character and she has never been deterred by having to stand. The seating capacity of the courtroom is only about 50. Women Xot Wanted In Courtroom. Disgusted with the frequent appear ance of women In his courtroom when persons charged with statutory of fenses are on trial. Circuit Judge Gatens yesterday morning Issued written in structions to his ballff to allow in the room aa spectators only as many per sons as seats could be found for behind the rail. The law provides that a criminal trial must be public and the OFFICER IS ASSESSED $3G Deputy United States Marshal's Zeal Proves Costly. Arrests by the United States Mar shal's deputies must follow a certain prescribed routine to secure the actual costs of the work or otherwise the costs are taxed against the arresting officer. This was brought home to Deputy Marshal Griffiths yesterday when It was necessary for him to re fund $30 that he had expended in be half -of the Government to assist In capturing five men for whom he had warrants on the Umatilla Reservation. From his experience In such work Griffiths knew that with live warrants to serve, as soon as he made the first arrest the others wanted would disap pear, consequently he employed the Indian police on the reservation to as sist him and the five were brought to Portland at one time. When the bill was sent to the De partment of Justice it was approved but one oi the many auditors of the Treasury Department discovered that only a regularly deputized United States Marshal could be paid for an arrest or the expenses thereof. United States Marshal Scott bore half of the loss. FRUIT PEDDLERS ARE HELD Youths Expose Tricks in Vain Pn deavor to Escape Charge of Theft. To exonerate themselves of the graver charge of stealing a watch, Ray Smith and Arthur Matson, fruit ped dlers, let the Municipal Court and of ficers Into a few of the secret tricks of their trade, yesterday. By their own confessions, through city residents Extra Trousers Free THIS WEEK ONLY To Keep Our Tailors Busy - Our Business Ha3 Been Injured by the 'Marquam Building Blockade With Every Suit ordered this week we will make an extra Pair of Trousers, of the same material, FREE. Our woolens are the 'classiest in Portland and consist of the highest grades of imported English Suitings, Scotch Tweeds, Blue Serges, Blue Cheviots, Browns and Grays in all the fancy mixtures. Our prices are at all times the lowest in the city, consistent with high-grade workmanship. S 2 gs Suits made to order, and guaranteed to fit, with extra trousers free. All orders taken finished in four days. PORTLAND TAILORING C0.,Inc. 322 Morrison Street :: Portland Hotel Block TO RAISE $8000 BEFORE JANUARY 1 TO KEEP OUT OF M . f Sheriff Hands o Seems very easy now, the way 102 men bought Suits, Overcoats and. Raincoats of me last Friday and Saturday. Slaughter of Men's Suits Overcoats Raincoats Profits Lost Sight Of I Forget All About Losses $8000 Must Be Raised Before Jan. 1st. Note These Prices . DAVE BUCK, CLOT HI tit $25 Two Pairs of Pants With Every Suit WORTH OF CLOTHING On Sale Extra pair Pants to match each Suit. .,. .,. ... $12.50 dQA SUITS, OVERCOATS On Sale tDO LI Schloss Bros. Co., Sincer- : ity and Regal's Best on JpKj.OU $27 Earth SUITS, OVERCOATS Nothing like these been offered before On Sale $ 13.50 Kenyon, Priestley's and Goodyear Raincoats , ,. On Sale $13.50 Second Floor Northwest Building Entrance 327 Washington Take Elevator or Walk One Flight DAVE BUCK UPSTAIR CLOTHIER and professional peddlers, they ape In every way possible the garb ana man ners of tne unsopnisucaiea country youth, thereby - giving the Impression that their wares are fresh from the farm and lower In price by escaping the clutches of the "middlemen." Detectives Vaughn and Hyde thought they had made a strong point against the prisoners whert they proved a series of false statements made at the time of the al leered theft, but the accused youths met the-issue squarely. j 'Of course we Bala-we were irom tne Dalles," said one. "We did It to make I a sale. Mrs. Josle Reed, keeper of a bakery on the East Side, complained that she had lost her watch when the two young men delivered apples and po tatoes to her. More upon their general attitude than the direct evidence, they were held to the grand Jury. Seattle, Wash., Dec. 18. Sailed Steam ers Minnesota, for Yokohama; Watson, for San Francisco; Xsvada. for Sallna Crus; Northiand, tor Southeastern Alaska; Hum boldt, tor Skagway. Port Gamble. Wash., Dec 16. Arrived Steamer Tiverton, from San Franctsoo. Julius Kessler's Record Unequaled and Undisputed OUR RECORD of 2,956,944 bottles of 7 to 8-year-old W. H. McBrayer's Cedar Brook Whiskey Bottled in bond in 1911 remains undisputed and unchallenged by all the distillers of the U. S. Most whiskies are bottled in bond im mediately after only 4 years old, or just within the U. S. Law Limit. More 7 to 8-year-old W. H. McBray- er s Cedar Brook Whiskey was Dot- tled in bond (2,956,94 bottles) in 1911 in our one Cedar tSrooK JJis tillery than all other brands com bined, including all advertised, popular brands made in Kentucky, Maryland, Pennsylvania and all over the U. b. j .he Distiller M?BRAYER'S Mi ' 1 is therefore th e eldest and tost on the market bzmono iCOixiCiLtLD EEOS.. Distributers.