V ) SCHEME TO DIVIDE STOCK IS ASSAILED Attorney Sees Plan for Union Pacific to Keep Present Advantages. MODIFICATION IS URGED Change In Dissolution Propmme Proposed So Southern Pacific Shares of Cnlon Will Be Put to Public Sale. fix T.OTTTS. Feb. 24. The stock dls trlbution plan for the dissolution of the fnion Pacific-Southern facino merger, which had been agrreed upon by coun sel for the Harriman lines and Attorney-General Wlckersham was criti cised here today in arguments before the Federal Judges who must pass on the scheme before It can become ef fective. Th HlKsnlutlon dan was placed to day before the United States Court for the district of Utah, which for this particular purpose was composed of Circuit Judges, ine juuges wnu the arguments and who now hold the outcome of the famous merger suit In their hands are Walter H. Sanborn, of St. Paul: William C. Hook, of Leaven worth. Kan., and Walter I. Smith, of Council Bluffs, la. Case Referred Bark. The plan argued today was agreed on by the Attorney-General and the representatives of the Harriman lines as carrying out the dissolution decree of the Federal Supreme Court. The Supreme Court, after sustaining the decree of dissolution entered in the lower court, referred the case back to the court of original Jurisdiction for enforcement. . The objection to the stock distribu tion plan was entered in the arguments late today by F. W. Cutcheon, counsel for the Western Pacific Railway Com pany. As the Western Pacific was not a party to the original suit. Its attor ney was allowed to appear today only as a "friend." In this capacity he was introduced by Attorney-General Wlck ersham. "who explained the dissolution plan to the Judges, but made no ex tended argument as to Its merits. Plaa Held L'nneeeiwary. The stock distribution plan, to which exception was taken by Attorney Cutcheon, contemplates that the South ern Pacific holdings of the Union Pa clflo should be offered to the share holders. Individually, of the two com panies. "This disposition of the stock," said Attorney Cutcheon. "is entirely unnec essary. The stock Just as easily could be placed In the hands of a syndicate and' sold to the public. Why was this apportionment of the Southern Pacific shares proposed? For the purpose of retaining for the Union Pacific some of Its present advantages." Mr. Cutcheon again urged that the dissolution plan be so modified that the Southern Pacific shares of the Union I'aclfio be placed on the market and Bold to any who would buy. rue of Cat-OS Denounced. The clause in the dissolution plan providing for the exhaustive use of the Benicla cut-off. the short line be tween Oakland. Cal.. and Sacramento, !y the Southern Pacific and the Union Pacific, also was denounced by Mr. Cutcheon. Maxwell Evarts. counsel for the Southern Pacific, In discussing the phase of the plan, said: "The Southern Paclflo Is willing to grant to the Western Pacific whatever rights it now has over the Benicla cut off. Those rights the Southern Pa cific Is willing to perpetuate," This offer did not satisfy the attor ney for the Western Pacific, who. in the closing argument of the day, con demned the plan for the exhaustive use of the cut-off by the Union and South ern Pacific lines as "tendering oppor tunities for an evasion of the anti trust law as completely as could be de vised." General Use Suggested. "This plan." he continued, "was de vised for the purpose of assuring the exhaustive use by these roads of this cut-off. If competition between the Union Pacific and Southern Pacific Is a good thing, why not competition be tween four roads?" Mr. Cutcheon suggested that the Western Pacific and the Santa Fe be given the right to use the cut-off and the Oakland terminals. Otherwise, he urged, the dissolution plan would per petuate the monopoly. Under the dissolution plan the cut off, which now is the property of the Central Pacific, Is to go into the hands of the Union Pacific: by the transfer of the Central Pacific to the Union Pa cific, and the present contract, by which the Central Pacific gives the Southern Pacific the right to use the cut-off, is to be perpetuated. The plan for the exhaustive use of the cut-off by the two Harriman lines apparently greatly interested the court, for Judge Hook asked John G. Mil burn, attorney for the Union Pacific. if the control of the Central Pacific by the Union Pacific would not perpetuate the present monopoly. Mr. Mil burn replied in the negative, stating that any railroad might go be fore the Interstate Commerce Commis sion or the California Railroad Com mission and ask for rights over the cut-off. In interrogating the attorneys about this feature of the plan. Judge Hook said: "I do not want this decree to be come a judicial travesty." Attorney-General Wickersham, in ex plaining the plan to the judge, said he did pot think there was any danger of monopoly, because there was no domi nant personality like Harriman In the roads to bring it out. Besides, he said, the Sherman anti-trust law is equal to any emergency. JUGirr OF LEASE IS REFUSED California Hallway Commission De cides Against Proposal. SAX FRANCISCO. Feb. S4. The State Railroad Commission denied late to night application of the Union Pacific Railroad for a 999-year lease of the Central Pacific line, Cast from Oak land, via Benicla, the so-called Benicla cutoff. The lease was part of the dissolution plan, outlined by railroad officials to Attorney-General Wickersham, and ac cepted by him. It was opposed by of ficials of the Western Pacific Railroad as being In restraint of trade. The Commission held that if the Southern Pacific granted the Central Pacific right to use the Benicla short line. It should accord to all of the com peting carriers like privilege on simi lar terms. This bears out the conten tion of the Western Pacific, which de manded equal rights with the Central Pacific In the hearing Just concluded. The commission , further held that if the Southern Pacific granted to the Central Pacific Joint use of its termi nal facilities and Industry tracks it should grant the same privileges to J ler to St in any other competing line on similar terms. These recommendations, togeth with a half dozen others, were con tained in a telegram sent tonight Attorney-General Wickersham at Louis, where the final legal steps ,1. ,,nn A.rln HAan tndflV. i That the California Railroad Com mission strongly disapproved the plan of Mr. Wickersham and the railroad officials as previously agreea upon m Washington is set forth In the tele gram, and another method of bring ing about the dissolution is suggested. the Central Pacific, from Ogden t wr.Am , Ha rntral Pnplfie be leased for a long te;m of years by the Union Paciric. . fi nHA- ..nii.tti onntnlnert in in Joint application of the Southern and Central Paclfia respecting certain leases and transfers in me nnai contract were approved by tne commia Ia. Thin Innlilri thft following! i ba k rantmi Purl np. to aoutnern roii nt it- linn from Tehama to the Oregon line for a term 01 years. Joint trackage rights over bay shore cutoff from Redwood city to oan rrau .i.nA a t-rm of AO rears. Sale by Central Pacific to Southern Pacific of the California porxion 01 in it- w--H to Natron. Or. 1.1 i tctn riitinna to the unmerglng contemplated by Mr. Wickersham and the railroad ornciais in ut B.c- . in niiiiittnfi ia thA rienia.1 to the Ilieui, i ii ...... . Central Pacific or special mvura u the Southern Pacific, are set forth as follows: ........ -T.. - r. ...1 T-Mfl i- limited to th line from Sacramento by way of Nlles to Oakland, as an exclusive una. imnn-p- condition that UUUIUIIBS'VU - central and Southern Pacific shall file Joint rates which shall not exceea mt rates now in effect between the same potnts upon the Southern racmo wnum the State of California. r-Ami-einn nrnvldes that its approv ....ii . r-vlv- nr extend any franchises of companies Involved. Commission requires huh i J -u-li hlnil themselves to &C- II VUl CU CIlBil cept conditions Imposed before order becomes effective. THAW TO BE WITNESS PRISONER TO TELL- OF ATTEMPT TO FREE niM. Attorney for "Slayer Attacks "So-Called Prison Ring" for Conspiracy Against Sulzer. ALBANY. N. T.. Feb. 24. -Harry K. Thaw will be asked to tell Governor Sulzers committee of Inquiry what he knows about the most recent attempt tr nroeure his release from Matteawan State Hospital for the Criminal Insane, where he has been confined for five years for the killing f Stanford White. This announcement today by the com mittee followed a bitter attack by Wil liam V Clark, former secretary of the committee, upon what he termed "the so-called prison ring." Clark, who has been accused of using Onvernor Sutler's name without the ex ecutive's authority. In an attempt to bring about the release of Thaw, was K .i,t-,i -ir- thm tnnri. Immedl- fCU,. . V .a... w .... - - ately he launched Into an attack upon the prison authorities. Including Colo nel Joseph F. Scott, superintendent of state prisons, and Dr. John W. Russell. uperlntendent at Matteawan. ur. james r rv phntrmnn nf the state hospital commission, also was connected with Clark's Insinuations. Clark declared that In January m fAnnaiinti Am tA him that "the so- called prison ring," made up of superin tendent Scott and "his immediate underlings.'' was engaged in a con- piracy to Involve the Governor so iney 'mie-ht h retained In their profitable K,,oin-- in hrnkArazA nardons." He declined to divulge from whom he had received his Information, out requested that Thaw himself be questioned. FAVORITISM IS ALLEGED HOUSE REPORT ACCUSES POST- OFFICE DEPARTMENT. "Outrageous' Deal With Brother 01 Senator Cummins, on Contracts, Declared to Have Existed. WASHINGTON, Feb. 24. Charges of favoritism of the Postoffice Department toward B. F. Cummins, a contractor and brother of Senator Cummins, of Iowa, that First Assistant Postmaster General C. P. Grandfleld entered into an "outrageous" arrangement with Cummins and that the departments cancelling machine committee was guilty of gross neglect, were made to day in the House in a report of the committee on expenditures in tne Postoffice Department. The committee majority reported that B. F. Cummins exerted an Influence on both Grandfleld and E. T. Bushnell, chief clerk of Grand field, which was highly prejudicial to the Government interests," that Grant -eld and Bush nell "deliberately and systematically favored the Hime Marking Machine Company and the B. F. Cummins Com pany, represented by Cummins, that these officials also "took over the jurisdiction of assignments of can celling machines In 1910 so as to be unhampered in their favoritism," and there was an understanding between Cummins and the department officials in the advertisement for four-year con tracts for the cancelling machines, that if bis lump sum bid was the lowest, he would receive an exclusive con tract. The report also charged that the cancelling machine committee, com prising Bushnell. chairman; George L. Wood, superintendent of rural mail; N. A. Merrltt. postmaster of Washington, and B. L. Andrus, was dominated by Dr. Grandfleld so aa to render their findings partial.- DARBOW SAID TO HAVE BEEN BIASED Lecompte Davis Asserts Law yer Wanted to Get Rid of Juror Bain. ALLEGED PREJUDICE CITED ATHLETIC BRANCH ASSURED St. Johns Commercial Club to Hold Younger Members'' Interest. ST. JOHNS, Or, Feb. 24. (Special.) The board of governors of the St. Johns Commercial Club this afternoon voted to establish an athletic branch as an inducement for the younger members of the club who are interested in base ball and other athletics. Another matter of Importance was the consideration of the proposed "hange in the routing of cars through the city. It was suggested that the cars be routed alternately both ways around the loop. Instead of going In the same direction. The hospital pro ject was also taken under advisement. Quakes Shake Ecuador. GUAYAQUIL, Ecuador, Feb. 24. Sev eral light earthquake shocks were felt here last night and today. The shock of the violent earthquake of Saturday night extended all over the republic, being especially severe in the provinces of Leja and Canar. A number of houses were wrecked, but no loss of life has been reported. Former Associate of Defendant in McNamara Defense Says leaner Urged Exercising Right of Peremptory Challenge. LOS ANGELES, Feb. 24. Lecompte Davis, who was associated with Clar ence S. Darrow in the McNamara de fense, testified today in the second trial of the Chicago lawyer, after Spe cial Prosecutor Gray had devoted more than two hours to the cross-examination of Lincoln Steffens. The magazine writer gave substantially the same an swers he made at the first trial. Davis said Darrow was prejudiced against Robert Bain, the juror he is charged with corrupting, and that at several conferences between counsel for the defense regarding the disposition of the juror, Darrow favored the use of a peremptory challenge to get rid of Bain. The day before the exercise of per emptorles he said Bert Franklin asked him to use nis influence with Darrow to hare Bain retained, because he, Franklin, knew that "Bob was all right." Davis corroborated much of Steffens testimony concerning the compromise in the McNamara case. He said his first knowledge of the negotiations for the pleas of guilty came rrom District Attorney Fredericks in a conversation on November 22, six days before the ar rest of Franklin for bribery. At that time, Davis testified, Fred ericks asked him: "Why don't you quit this horseplay, old boy, and come through and plead guilty?" The witness said he opposed the com promise but was finally convinced that tne attitude of those who sought it was the right one. The day before Franklin's arrest, the wintess said, Fredericks told him, "whatever you do has got to be done quickly. This fellow is running for Mayor and you have got to be quick about It." Davis explained that the prosecutor referred to the Mayoralty campaign be tween Mayor Alexander and Bob Har riman, an associate counsel in tne Mc Namara case who was the Socialist can didate for Mayor. MM IS TAKEN WASHINGTON READY IF STORM ' OCCURS MARCH 4. Extra Force of Men Retained to Keep Streets Clear of Snow Should It Be Necessary. WASHINGTON. Feb. 24. Although the Weather Bureau has promised Washington clear and bright weather for inauguration day, the street clean- ng department of the city proposes to be prepared for a repetition of the blizzard that marred the inauguration four years ago. A large force of men has been organized. Besides 300 men regularly employed. an additional 300 men will be avail able should conditions make it neces sary to keep the line of march free from snow. These men will be held in readiness on the morning of the parade.' They will be massed near the beginning of tne line ot marcn ana If necessary prevede the marchers and sweep the snow toward the side of the streets at the same time brushing the cleared space as dry as possible. The line of march this year is nearly two miles long and the entire distance will be watched and kept clear and free from all obstructions. The isolation of Washington which made the Inauguration of President Taft four years ago such a memorable one, cannot occur this year, according to Information obtained from the tele phone and telegraph companies here. Within the last four years the com panies have installed a complete under ground system of wires that extends from the capitol to New York and Bos ton through Baltimore and Phila delphia. in the Circuit Court of an offense against his housekeeper, was tooay on nied a new trial and will shortly be brought before the court for sentence. Naylor Denied New Trial. FOREST GROVE. Feb. 24. (Special.) -Edward Naylor, recently found guilty Guaranteed to Stop Itching at Once Eczema, Bash, Tetter, Dandruff; Disap pear by Using Bemarkable ZEM0. Buy a 8Eo Bottle Today and Prove It. That itching that drives you nearly wild, that keeps you awake in agony all night long, that scalp itching, will vanish Instantly by using the new remedy ZEMO. It is guaranteed. ZEMO will surprise you as it has thousands of others by its results on "3a.ni, Not a Wink of Sleep Yet. If X Only Had ZEMO for that Terrible Itching" fiery eczema, sores, rash, tetter, blotches, Inflamed or Irritated skin, pimples, rawness after shaving, all skin inactions, sores, blotches, and itching icalp. It cures danrlrufT completely, since dandr-i.f is nothing but eczema of the scalp. ZEMO is wonderfully refreshing to the skin. It is a clean, antiseptic so lution, not a paste, cream or ointment. The first application gives blessed re lief. ZEMO has been Imitated, but positively never equalled. "It Is impossible for me to do jus tlce In recommending ZEMO. because words cannot express its wonderful achievements." R. A. Stierlin. Supt. Electrotype Dept.. Sanders Engraving Co., St. Louis, Mo. Tour druggist will sell you a 28o sealed bottle of ZEMO, and will guar antee it. or it will be sent direct on receipt of price by E. W. Rose Medi cine Co., St. Louis, Mo. Bold and guaranteed In Portland by Woodard. Clarke Co.. Alder at West Park; St. R eview your 15 year fuel bill As you think over the costs and results of using old-fashioned heating de vices (which like plenty of coal to eat and are scant to heat) what kind of his tory do you find? Dollars going out comfort and health within? Or, coal bills galore with stern memories of chills, stuffy air, ash-dirt-ridden rooms, hard lugging of coal and sifting of clinkers? If this recompense of years of expense why not quit, and put is the in delivered to the rooms, fort and sane living. Old-fashioned methods mean heating miss you are at the mercy of winds rooms and also draw half the heat of the burning coal up the chimney. An IDEAL Boiler gives you regulated heating, whereby all but a small per centage of the heat made by the burn- ititr rnnl fnwded to nromote draft) is Each receipted coal bill is evidence of satisfaction a record of com- American x Ideal ii Radiators -IBoilers by caprice hit or which chill exposed A No. I IDEAL, Boiler and 265 aq. ft. of SS inch AMERICAN Radiator, coating the owner $ 1 4-0, were ued to heat this eot-taa-e. At thia prica the eooda can be bought of any reputable, competent Fitter. Thia did not Include coats of labor, pipe, valvea, freight, etc., which are extra and vary ac cording to climatic and other conditions. AMERICAN Radiators are made in a multitude of sizes and forms to go alongside open stairs; to fit into corners, curves and circles; between windows and under window seats; with brackets to hang upon the walls off the floor; with special feet to prevent cutting carpet; with smooth est surfaces for decorating in any color or shade to match woodwork, wall coverings, furniture, etc.; thin radiators for narrow halls and bath rooms; with plate-warming ovens for dining-rooms; big radiators for storm vestibules; with high legs for cleaning thereunder; with ventila tion bases so air of room may be changed 1 to 4 times per hour and other splendid features which it would pay you big to know. Our book tells all about them (and all about IDEAL, Boilers). You will need it to choose the models from. If you are suffering the cold ills and paying the big coal bUIs of faulty heating, call, phone or write us to-day's the best time. We will send you a valuable book on Ideal Heating, tree, ana worm mucn 10 yuu. it Si IDEAL Bollera and AMERI CAN Radiator keep a turn houaa new and cause an old bouse to have its tile and value prolonged. . , . ..... . i i-.-4.-.; ...tnr Jumhlm Vacuum Cleaner. ALL the dirt and trash art draw from tht rooms Sold by all dealers. Mo exclusive agents. Write Department N-12 816-22 S. Michigan At Chicago AMERICAN P APT ATO R COMPANY , . xrQei, !- Raltlmore Buffalo. Pittsburgh, Cleveland, Cincinnati, Detroit, Atlanta, Birmingham, Fort Sloade Troops En Koute. RTTTRfiTS. S. D.. Feb. 24. Four com- panles of troops, stationed at Fort Meade, left tonight for Texas. They are under command of Colonel Millard F. Waltz. River Dam Bill Defeated. WASHINGTON, Feb. 24. The orig Inal Connecticut river dam bill, pro vldins Federal tax and control 9E!llEiSI1IIIl!IIIIIIIIIiIilII!IIIIIIIlIISS meant When You Buy Beef Steak Kan . iS-l WS3M You are criti cal, keen and watchful that you get ten derloin when you say "ten derloin." Why not do the same when you ask for DMC9 tun rasa rVj lasaaj and be watchful that you get the real kind. . TIP-TOP will well repay your preference. It is really delicious really wholesome and good, healthful and pure and really all we claim for it. ZX KM SCE9 ESfJ 3S29 .T334 waterpower, was defeated In the Sen ate again today, 49 to 27, when It was offered by Senator Burton as an amend ment to the river and harbor appropri ation bill. Immediately afterward Sen ator Mclean secured the adoption, 37 to 35, of an amendment embodying the bill as it recently passed the Senate, shorn of its Federal tax feature. Finance Minister of Peru Quits. LIMA, Peru, Feb. 24. The Finance Minister, Baldomero F. Maldonado, re signed today. , TODAY TODAY 6-qt. Berlin Kettle with aluminum cover. Regular $1.95. Special $1.22 2Vo-at. Tioped Sauce Pan. 5-qt. Preserving Kettle. Regular $1.35. Special for today 83 Regular 90c; Special 6 Id Each piece separate at above prices, or the 3 for $2.54 Demonstration of CALORIC Fireless Cookstoves Today and Tomorrow. Today we will demonstrate above fireless stoves by bak ing pie, apples, biscuits, potatoes and roasting meat. 104 106 Fourth Street HARDWARE CO. Bet. Wash. and Stark sssa Refuse Substitutes Look for the name TIP-TOP on every loaf SallllllllllllllllllllHIIIIIHllllIflllHiS A leading New York business man, who makes frequent trips to Portland and lives with rela tives when here, makes it a practice to tako luncheon at the Imperial Grill. "It's because in the lobby or grill of the Imperial I can al ways find the men I want to see," as he ex presses it. Table d'Hote Luncheon 50 Cents.