jJ 'J ' VOT- LVXO. 17.0S3. " ' PORTLAND. OREGON, WEDXESDAY, AUGUST 25, 1915. PRICE FIVE CENTS. GERMANY REGRETS Suspension of Judg ment Is Asked OFFICIAL REQUEST IS MADE 8ernstorff Acts by Direction of His Government. UNFRIENDLY AIM DENIED Jrlln llpr Definite Mand Hill Not Be Taken on Hearing of Only One Side and That Germany Will llae Chance. TTA!II.NGTOX. Aug. II. Count von Jternstorff, Hi Carman Ambassador, communicated to th Stat Depart ment today Instructions from his gov ernment, expressing regret and arm' palhy. If Americans lost their llvss In l-i. sinking of ihs liner Arabic, and ikln I'ist Ihs United States delay tskms a delimit stand In regard to to affair until German could be ceard from. Th's ass the first ord from an of t u lal German source, concerning the Arabic, on which two Americana per Ished. Its receipt was followed by an -!dnt relaxation of the tension which tad been growing her as days passed with no Indication of a drslre on Gr rr.any's part to disclaim an Intention f commlt'lns? an art "deliberately un friendly toward the United H tales. Iirliuiln t Be Awaited No attempt waa made either at the Flat Department or the Whit House t Interpret It: Ambassador com rnuaicatlon. Officials merely said that ti e American Government would await trie German explanation cf th action of !!: submarine commander In sink n th liner. t'oant Ton Bernslorff telegraphed the ftate Department from New York, the Imi of hi Instructions from Berlin. It follows: far. no official Information avall- M concerning th sinklnc of the Arabic. Th German government trusts trtat tn Amertcan Government win not Mk a eflnil stand at hearing only tn reports of on side, which In the cinlnr) cf th Imperial government cannot correspond with the facts, but that a rhnc will b given to Germany to t beard equally. u) rail's ? Deakltc "AlCiouaa lh Imperial vovtromtnt a. not doubt lh coed fatth of th ,tne.e ho statements ar re-o-tel br th newspapers In Europe. Sc :oi!4 b born In mind that these tatsment ar naturally mad under tenement which miaht easily pro- i' wrong Impressions. If Ameri cans should haw .-tustty lost their ),te this would naturally be contrary V enr Intentions. Th German atov-e-nment would deep.y resret th (set, an J be to lender :nceret sympathy to the Amrlesn Government Secretary 1-an.tr.s; Indicated that be 1 t nt Intend to reply to th Ambas f tir s messaae at thla tlm. lie said lie had no comment to make. Particular attention wa attracted rrv by the assertion In th German communication that. In the opinion of t"ie Imperial government, th accounts cf th Sinatra cf th Arabic, which have om from tlnctand. could pot core apond with fact. Week's Delay ttay rllvs. It may b a wees, or mor befor f;rrrany Is hrd from further. Th report cf the submarine commander ynust b awit4 tn Berlin, and It Is known that me times 1 days or mor 'ap before th underwater boats rsturn to their ba.e and communicate .With th Admiralty. In th meantime, th tlat Popart rnnt will continue complllnc Its vl dnc forwarded by Ambassador Pa and th consular officers at Liverpool and uuvenstown. Co far only a synop sis of th affidavits of American sur vivors Lad been cab;d. and Secretary l--.ir. says the Iepartmnt will give cut no mor cf th reports until com. 1 ete Information is tn hand. Th text of th affidavit has been mailed by Ambassador I'ac. Mr or mhmkim:s pi mki Jlamhnrs Nathrlt-litcn No Weapon Will IK laid lHwo. lA'NPt'N. An. : I Th Hamburg Nschrtchten. In an editorial today. .) a despatch from Amsterdam to ulr Teleeram Company, tope th report that th sinking of th Whit hijr liner Arabic mas caused by a tor jedv will be confirmed, be a use, th newspaper contend, sine th Lul taeia disaster o-tly rarely have vessels f mor than eC tuna teen sunk by German torpedoes. "II kaa bn satd with sufficient Clearness to the Washington Covrn xtient In note from our Koreicrs of fice." said the Nachrtchlen. "that we can In this sir acainst a brutal enemy lik ilniland renounce no weapon, and least of all. oa of our most effective weapons." After remarking thai "Germany's nemle hop rrsldnt Wilson will Jucri them from th d-incera of a iMnarlr. war.' th newspaper adds "It has not been proved that th ves i i a struck by a tor-vedo, and It e.-c-d l as wa.ia -A i LOSS OF AMERICANS BOOM OF CANNONS TO ROCK NEW YORK APrHOUH TO HAHBOR TO SWEPT r BIG MORTARS. BE Cltiseas Ar ld t Prefect f"ra- Il riwawrty Dwrlasj Practlc at Uefeaa by Frta. NEW YORK. Au. II. Th northern approach of New York harbor will be swept by a cannonade Thursday. It waa announced today, from th 11-Inch mortars at Fort Tolten. In a test of gunners who will be called on to aid la repelling a possible attack on New York City In cas of war. Th target, a float :o by JJ feet, will b stationed 1 5.0 ysrds off. Th vibration of th heavy firing will b felt. It la estimated, within a radius of atx miles, and a general nolle was Issued today by th Army authorttlea at th fort to resident to open thslr windows, remove pictures from walls, put their china, glass and porcelain on the floors and watch out for falling plaster during th hours of Brc Allhourh Ihs cannonading will be audible In Manhattan. It was said that th vibration, would not b felt in that borough. VALUATIONS HELD UNJUST LlTrtork Schedule of 43 Hallways Is Ordered Canceled. WKinvniTiv a tic. Valuation of rattle, horsea and other animal In livestock shipping contracts made oy a c 1 1 .i . .... or f'hlr so were today declared to be unjust and un reasonable, and ordered canceled oy me Interstate Commerc Commission. Th Commission declared th achedul valuations wer not representatlv oi th averag actual value of th ani mals shipped. Th. iiMitin- unholda complaints brought and aupoorled by th Ameri can National "Livestock Association. k o.llm.il PnminlMlnnl of loWl and tfouth Dakota, th Arlgona Corporation Commission. The. Corn Belt ileal .-reducers' Assoclanlt-m. th Cattle Rais ers" Association of Texas, and numer ous livestock txchangea and associa tions. Th. Cnmml.-Ion's decision say th Cummlncs amendment to th Inter state Commerce Law has "In effect abolished In Interstate commerce the hi. .v.i.m of released rates based on agreed valuations aa distinguished rom actual value. New rates wer prescribed. FAST TRAIN IS WRECKED Knslnccr Killed. Crew Hurt Wlien High Ball" Jill Trentle Afire. .- ...iw- v.Ka in. V 1 K re- rial.) As a result of a burning troll IS J miles soutn oi iToy. luano. m i...irm f.-t liish Hall" train N S lo. 1. waa wrecked at o'clock thla morning. Klght ears or mercnanois er piled op. Engineer better as . hi- iMmn la In a critical condition. Other members of th train rrw sustained seriou injuries. Th "High Ball' th "crack train of th Northern 1'aclfle between Spokan and Lewi-ton. Th engineer wa unabl to stca In tlm lo pre vent th accident, as th burnin tretl was on a curve. RUSSIAN SHIP TORPEDOED German Admiralty Announces Sink Ins or Auxiliary Vessel. BKHl-IN. Aus. by wlreleea to iUyville. N. Y. Th Grman Admiralty today announced that a German sub marine had torpedoed and sunk a Rus sian auxiliary ship at th entrance to the Gulf of Finland. U'NPOX. Aug. SI. Th British steamer Dilvla has been sunk by a sub marine. he was probably th : ton tanker of that name. Th erw was saved. Thre men lost their lives today by th sinking of a trawler from HulL Others on board wr rescued. MADRAS GETS AUTO ROUTE Mrl Motor ICural Mall Service In Northwest Authorised. ORKGONIAN NEWS 15L" REAL. Wash ington. Aug- SI- Th first automobile rural fre delivery ervlc authorised In Oregon will begin Jtcptmbcr L at MaJras. over a rout ST mile long, which will serve lit families. Th salary of the earlier will b 1H00. This Is the tlri-t automobile rural servtc authorised In the Northwest. ROUMANIA IS PREPARING Hallways Ordered to Turn Over HoUins Stock to Government. COLOGNE, via London. Aug. 11. According to th Cologn Gazette the railway of Roumanla have received orders to place all rolling stock at th disposition of th Minister of War on September II. Thla mov 1 regarded aa deeply sig nificant of Roumanla'o posslbl course in th future. Conductor tTcd Wall Laid to Kest ROSEBVRG. Or Aug. 11. iSpeclal.) Th funeral cf Fred Wall, formerly of Tortland and on of th best-known conductors on th Southern Tacinc sys tem, took place her Sunday. Interment followed In IK Masonic Cemetery. Th services wer conducted by th local lodg of Masons. Tb funeral was one of th largest ever held here, trainmen being la attendance from all sections si toe state- t i - - i a m. a AAaami - i , WASHINGTON HAS NO ikdexofiodai'sniwsI MIIIAIi IiIINIilHH Ij I MEXICAN FAVORITE Candidates Not Picked, Says Statement CARRANZA'S REPLY IS READY Solidarity of Supporting Gen erals Pointed Out. RECOGNITION STILL ASKED Administration Watches With Deep Interest for Outcome of Battle Near Monterey, Wlilch Hat Biz Issue at Slake. WASHINGTON. Aug. It. While still awaiting a reply from General Carran- sa to the pan-American appeal for a peaces conference In Mexico, the State Department today Issued a statement denying that the United States Govern ment had ever considered "any partic ular man for provisional 'president of Mexico." The statement was prompted by in quiries from Mexico regarding reports that the pan-American conferees had tn view the auggestton of some partic ular Mexican leader to bead a provi slonal government. The nam of thu Vasquex Tagle. who was minister of justice In the Madero cabinet, had been mentioned frequently and recently a report had been clrcu lated that General Obregon waa being considered. Solidarity la routed Oat. Carranza's agents her said tnnight that their chic fa reply to the pan- American appeal had been completed and soon would reach Washington, it ia expected to suggest prompt recogni tion of the Carranza government as the surest way of aiding Mexico and to point to the solidarity of the movement aa demonstrated by the answers of 20 Carranaa generate and governors pledging loyalty to the "first chief." Encouragement la said to have been given Carranza's representatives by some of the European governments whoae diplomatic agents have been consulted. C. A. Douglas today called on Sir Cecil Spring-Rice, the ambassa dor, and submitted to him Carranza's claims tor recognition. Great Britain has said It would follow the lead of the United States. Mark Urpeada a Battle. Administration officials are watchlnz with keen Interest for the outcome of the flshtlng between Carranza and Vil. la forces near Monterey. On the re sult of this battle the future course of the pan-American confereea may de pend. According to advlcea from El Paso. Tex., officers of General Raoul Madero'a staff, arriving at Juarez today, aaid that General Madero, defeated recently by Carranza forces at Villa Garcia, near Monterey, reorganized his forces and drove the Carranza forces Into Monterey. It was said Madero lost heavily In the first engagement, but i.ld on rs 3. 1'olumn S. HELPING THE The Weather. TESTER DAY'S Maximum temperature, 7s degrees; minimum temperature 41 ds- roes. TODAY'S Fslr: westerly winds. War. Whit Star lino ssys Arable made no ef fort to ram suomsrine aoa nsa no nam ing. Page 3. Germany asks suspension of Judgment as to sinking or Araoia ana expresses resret loss ox American uvea. , a. British esllmste German net losses for year at L&ou.oov man. rage z. Trench efficiency achieved through war. Fag 12. Jleik-e, Washington has no favorite for President of Mexico, fag i National. vriral Court finds kodak concern la un lawful monopoly. Pag 1. Domestic. Governor Alexander, of Idaho, spesks tor more executive power. Page X. Pacific Nortliwewt. Southwest Washington (air Is marked by big cxnlblt. Pas 1. Commission gives support to superintendent of bslcberiea. Page 12. Interstate rate Increase allowed express com panies In Oregon sod V ssningion. rage . Death follows blow from list at picnic near White Balmon. pags a. California bar admits women, Pags S. Sports. Coast League revuUs: Portland 3. Lo Ange les '1: fr'alt Laka o, Oakland 'J; Vernon o, ban Francisco a. Pag S. Mrs. J. H. Dougherty sets 13 psce In qual ifying rounus at Gearhsru Psge 7. Weiiern tennis players still winning in East Pag 6. Commercial and Marin. Columbia River salmon catcta gains fourth over last year. Psge 13. Wheat fluctuates In final hour of trading. Pag IS. Contract for new bollera for steamer Rose City let for SJO.uuO. Psgs 15. Trading stimulated by German plea. Page li. Portland and Vicinity. Expert medical testimony and Insanity pleas In criminal cases scored betore Bar Associations by physician. Psge 1. Dollsr dsv movement Is tsklng hold. Big department stores v.111 offer bargains. Psgs la. District A'torneys of Oregon unite and elect. Psge i. i. XI. Marks, president of Manhattan Bor ough, passes day In Portland. Page S. Bar sessions end toi!sy with Columbia River Highway trip. Pags 3. Pickers leave for hopyards on nearly every train. Pago 11. Weatlur report, data and forecast. Page 2. BULGARIA CL0SES DEAL "Negotiations With Turkey" Said to Hnve Come to End. LONDON, Aug. 24. A dispatch to the Exchange Telegraph Company from Amsterdam, says: "A Wolff telegraphic bureau message from Bcrlir. says that the Bulgarian government has informed the Bulgarian minister at Berlin that Bulgaria's negotiations with Turkey have come to an end. "The Vossische Zeltung Infers from this that an agreement has actually been reached. Other papers say that if an agreement :aa been reached it deala only with the rectification of the frontier and contains no political clause bearing on the war." CONSTANTINOPLE IN FEAR Violent FlRhllns on Peninsula In Past Week Reported. LONDON, Aug. 24 The population of Constantinople considers the situation s-rav. according to Information re ceived at Sofia. Bulgaria, says a Reuter dispatch. Violent fighting has been in progress on the Gallipoll Peninsula for the past week, and It is declared thousands of wounded are arriving every day at Constantinople. At the same time thou sands of fresh troops are being; sent to the Dardanelles front. The scarcity of bread and coal la said to have added to the general feeling of depression. HONORABLE BRUIN STICK TO DECLARED "TRUST' Monopoly Is Found Federal Court. by ABROGATION IS GALLED FOR Barriers to Competition Said to Have Been Raised nsf LARGE TRADE tVf.uLLED Burden of Proving This W as Accom plished by Lawful Methods, Says Judge, Has Not Been Borne by Defendant Company. BUFFALO, N. T., Aug. 24. The East man Kodak Company, of Rochester. Is a monopoly in restraint of trade, in violation o the Sherman anti-trust law. according to a decision handed down here late today by Judge Hazel, of the United States District Court. The decision grants the defendant company an opportunity to present a plan "for the abrogation of the illegal monopoly" on the first day of the No vember term. Judge Hazel in his opinion said that, while It appeared that no irremediable hardship would result from a separa tion of the present business into two or more companies, it was not at this time intended to indicate either a dis solution, division or reorganization. It no doubt is possible, he said, that an adequate measure of relief might result from enjoining the unfair prac tices of the terms of sales agreement and from a separation of the business, but the defendants should have an op portunity to present to the court, on the first day of the 1915 November term, a plan for the abrogation of the illegal monopoly unduly and un reasonably restraining interstate trade and commerce, or if an appeal from this Interlocutory decree is taken to the Supreme Court and this decision is affirmed uch plan is to be presented wlthii. 60 day- from the flllns of the mandate. Competing Concerna Dissolved. The bill was filed June 9, 1913, against the Eastman Kodak Company. of New Jersey; Eastman Company, New York; George Eastman, Henry A. Strons. Walter S. Hubbell and FranK S. Noble, all of Rochester. The bill alleges substantially that from 1902 to 1906 the Eastman Company of New York intentionally monopolized the business of manufac turing and selling camera plates, pho tograph paper and film in the United States by acquiring control of 20 com peting concerns which were afterwards dissolved, the plants dismantled and their business removed to Rochester. That the Eastman Kodak Company of New Jersey acquired many stocK bouses engaged in different states in selling photographic supplies manu factured by the defendants and their competitors. That the defendants, with the in tention of monopolizing the importa- (Concluded on Page 3. Column 1.) THAT TREE. Tuesdays War Moves OPTIMISTIC reports concerning op erationa on the Gallipoll Peninsula have been In circulation for the past few days and prophesies are freely made In London that a few weeks will see the close of the allies' most diffi cult task in the Near East. In fact, it is felt In London now that so far as the Dardanelles are con cerned it is a matter of indifference to the allies whether the Balkan states lend a hand. Their assistance ia want ed, however, against Austria and also to shorten Turkish resistance if the straits are opened. For these reasons, negotiations with the Near Eastern capitals are being watched with in terest, and the decision of Serbia in propsals of the quadruple entente for Ing the aspirations of Bulgaria, V vill be reached at a council of tomorrow, is anxiously It is believed in London that Serbia's reply will prove satisfactory and that Bulgaria's co-operation will be as sured. This would open the way also for an active policy on the part of Roumanla, who wants assurances that Bulgaria will not attack her if she be gins to move her troops. It is confi dently expected in England that these questions will be settled satisfactorily to the allies and that within the same period the future policy of Greece will be definitely announced. In the meantime, Austro-German armies are aiming more heavy blows at Russia, in the hope of putting her on the defensive indefinitely and per mitting the removal of some of their own troops to other fronts, particular ly Serbia and Italy, in the hope of re peating their eastern successes. The Russians are encouraged, however, by tneir naval victory in the Gulf of Riga, which haa detained Field Marshal von Hindenburg's great outflanking move ment through Courland, and are of fering very stiff resistance at almost every point in the Baltic provinces. While the Russians are falling back east and south of Kovno. it is ex plained by Petrograd that this was to prevent them from being outflanked. They still hold both banks of the Nie men River from Preny just south of Kevno southward to Grodno, one of the new fortresses still held by them. On all sides of Brest-Litovsk, the Aus-tro-Germans claim to be making prog ress, where well to the southeast of the fortress the Austrians report their cavalry has entered Kovel, an impor tant railway junction on the lines to Kiev and Kovno. There has been heavy. fighting In the Vosges without any change in the po sitions of the opposing armies. August 25, 1914. Xamur, Belgium, falls before Ger mans. Emperor of Russia leaves for the British and Russian war ships start blockade of Tslng Tau, the fortified seaport of Kiau Chau. French and British suffer heavy losses in effort to check German inva sion of Belgium. Battle rases from Mons to Luxemburg. DR. PAUL SMITS IS DEAD Aberdeen Physician Dies Suddenly After Visit to Oregon. ABERDEEN, Wash., Aug. 24 (Spe cial.) Dr. Paul Smits. 45 years old. for 17 years Aberdeen's leading: physician, died here suddenly last night of hemorrhage. He had just returned from a vacation in Oregon. He was the builder and owner of the Aberdeen general hospital and has other large property interests, including a fine Summer home at Glen Grayland on the beach. Dr. Smits was a graduate of the Seattle schools and of the University of Michigan, working his way through college. He is survived by a widow, an infant son and two brothers. MAIDEN NAME IS RESUMED Heiress of "Incky" Baldwin Drops McClaughrey for Good. LOS ANGELES, Aug. 24. Anita Bald win McClaughrey, daughter and one of the heiresses of the late E. F. (Lucky) Baldwin, won today the right to drop the name of her former husband, Hull McClaughrey, of San Francisco, and re sume her maiden name of Anita M. Baldwin. The hearing lasted less than a min ute. She testified that she had Deen managing the large estate left her by her father under the name of Anita M. Baldwin. A final decree of divorce from McClaughrey was entered about a month ago. JAPAN 0RDERS MUNITIONS Ministers Advise Emperor of Plan to Aid Allies. TOKIO, Aug. 24. Premier Okuma and Minister of War Oka have paid a visit to Nikko to report to the Emperor their plans for increasing the supply of munitions in accordance with the de cision recently reached to employ all available resources, both governmental and private, for swelling the nation's output to aid Japan's allies in. the war. Orders have been dispatched to the foundries and factories of the empire that are engaged in the production of munitions to rush their work. Grays Harbor O. A. C. Students TCnite' ABERDEEN, Wash.. Aug. 24. (Spe cial.) To boost Oregon Agricultural College on Grays Harbor O. A. C. stu dents have formed a Grays Harbor County Club. The new organization has about 15 members. Dunbar Pinck ney was elected president, Fred Hul bert vice-president and Helen Austin secretary-treasurer- "EXPERT" MEDICAL WITNESSES SCORED Doctor Makes Attack Before Attorneys. DISHONESTY OFTEN, IS CHARGE Court Appointment of Physi cians Favored by Dr. Rockey. INSANITY PLEAS HIT, TOO Chicago Municipal Courts, Bench and Bar, and Control of Natural Kesources Also Discussed at Associations' Convention. TODAY'S PROGRAMME. 9 A. M. Automobile proces sion leaves Multnomah "Hotel for tour of Columbia River Highway. The start must be made prompt ly at this hour, for sections of J the highway are closed for re- t pairs and will be opened only to J let the long string of automo- 4 biles past, and no individual cars J can pass. 12 M. Picnic luncheon at Ben- 4 son Park. t The return to Portland will be I made at the close of the after- J noon. ...... ....see So-called "expert testimony" in medico-legal cases came in for a generous share of criticism at the joint meeting: of the Oregon-Washington Bar Asso ciations at the Library yesterday. The attack was started by Dr. Paul Rockey, of Portland, one of the In vited speakers before the convention which now is in progress. Dr. Rockey proposed that all medical witnesses in court cases be appointed by the court itself, and this view seem ingly met the approval of many jurists as well as attorneys. Different Procedure Predicted. 'Any physician familiar with the facts," he declared, "who has seen dis honest medico-legal cases in the mak ing, knows that many such cases would not be made, or would be made differently. If it were generally known that, if the case came to trial, the medical testimony would b able and honest and would be accepted. "The fact that under the present system he can put forward dishonest medical testimony and stifle able and honest testimony, in court, is the foundation stone of the ambulance- chaser's business." Dr. Rockey was particularly severe with the "ambulance-chaser," and if there were any such in his audience they must have winced under the burning criticism of their methods. "Anyone," he declared, "conversant I with his methods, which, from his paid and disguised runners all the way to I his contingent fees, constitute a stench in the nostrils of justice. knows that the term of contempt is I fairly applied to him." Affliction Different In Court. He brought a rustle of laughter from I his audience when he remarked that ' physician finds that there is a great I deal of difference between those who I are sick and hurt in private life andl those who are, or pretend to be, sick I or hurt in court "'Under the present system there isj too great a difference between the re sults of a man falling down his own I stairs, and those asserted when he falls I down another man's stairs." The speaker praised the work of the! Industrial Accident Commissions oil both Oregon and Washington and de-I clared emphatically that the work men's compensation laws of the, two states have been of vast public benefUl in eliminating some of the most ob noxious medico-legal cases from 1 thcl courts. "Up to the time that the industrial accident commissions were formed," h explained, "a large number of indus- trial accident cases became personal injury damage suits. Some Injury Suits Declared Farcical. "It is known to all that these suit. were largely a farce and a .scandal I alike unjust to employer and employefl as well as to the public. This was s largely because of the present systenl of medical evidence. As now handled by the industrial Mtnmlsslon. the disability In tnesi cases 's decided by physicians and th I relation between the disability ana in damages is decided by the commission according to a definite schedule. The result is greatly increased jus tice and satisfaction to all concernei. and this is largely because the medic! evidence in these cases Is impartial and is accepted and acted on as such. Dr. Rockey added a series ot sever denunciations of the present-day sy tem of conducting insanity cases aii ridiculed the idea of "a lay Jury deciul ine a technical question on tne di wildering technical evidence presentc I hv nartisan medical witnesses, que.- tioned and cross-examined by partisal attorneys." Insanity Sentence Suggested. xr Bueeested the idea that a pe' son charged with crime who pleads iil .ritv should admit tne crime 111 i. inri this excuse and that his insanitl "tcoatinued oa Page 11. Culuuui I.J. t