Morning Oregonian., September 21, 1916, Page 9, Image 9

THE MORNING OEEGONIAJT. THURSDAY, SEPTEMBER 21, 1916.
GEHENT TRADE WAS
SPLIT IS CHARGE
Anti-Trust Suit Reveals
Interesting Collection of
Business Letters.
an
SECRETS COME TO LIGHT
Correspondence Brought to Court
to Support Allegations of
Collusion and Price
Agreements. "
"We are quoting $2.10 per barrel," dis
count of 1 per cent for cash. I had this
matter up with the other cement com
panies and they all told me in making
quotations to railroads that all quota
tions are on a basis of 1 per cent dis
count for each 10 days; therefore, to be
on equality with them, we are doing
likewise."
This excerpt from a letter written by
C. W. T. Hollister, assistant sales
manager of the Oregon Portland Ce
ment Company of Oswego. Or., to Clark
M. Moore, salesmanager, was one of
many others taken from the company's
files and read yesterday in affidavits
submitted at the hearing before Fed
eral Judge Wolverton of the applica
tion by Aman Jtioore, vice-president and
treasurer, for a temporary restraining
order ousting six defendant officers
and directors from all participation in
the affairs of the company.
Aman Moore and Clark M. Moore are
not relatives. Neither are they friends.
Quite the contrary, Aman Moore
charges in his application, for an in
junction, which occupied its second full
day in court yesterday, that he was
removed as sales manager of the com
uany in favor of Clark M. Moore be
cause he, Aman Moore, had offended in
trying to build up a good business for
the company in competing territory.
As soon as Clark M. Moore succeeded
him. It was asserted by Aman Moore in
personal affidavits read in court by his
lawyers, the many inquiries he had re
ceived from individuals and firms in
Seattle, Olympia, Walla Walla, and as
far distant as San Francisco and Hono
lulu, were Ignored, -or prices inflated
eo as to be above those of the cement
concerns to whom the territory had
been allotted, and his promises to send
representatives remained unfulfilled.
Lines Are Tightly Drawn.
Among other allegations, Aman
Bales manager to sell cement in Van
couver, Wash., brought on his head the
disapproval of R. P. Butchart, the pres
ident of the Oregon company, because
Vancouver was supposed to be In the
"territory" of Washington concerns.
Another of the excerpts from the
company's letter files quoted in the af
fidavits was the following, taken from
e. telegram from J. E. Moore, a brother
and assistant of Clark M. Moore, to
Clark M. Moore, under date of August
29, 1916:
"Bitter complaint in directors" meet
lng because we don't sell In Vancou
ver. Our lawyers also kick to beat
the band. Don't you think it best to
establish agency there? Don't see how
we can get around It with things going
the way they are. I advise it."
W. W. Cotton, who, with Wirt Miner.
Is representing the six defendants, R.
P. Butchart, president; M. J. Ballard,
vice-president and director: L C. New-
lands, superintendent and director
George Macdonald, secretary: Clark M.
Moore, sales" manager, and Charles
Boettcher. director, objected to this
line of testimony.
"The reading of Isolated letter
picked up out of the files and of ex
cerpts taken from them is manifestly
Unfair, he declared.
John F. Logan, one of the attorneys
xor Aman Moore, replied that the com
plainant had served the affidavits on
the defendants three days previously,
and that the defense had had time to
put in answers from the same letter
files.
The hearing was otherwise enlivened
fcy a sharp skirmish between Attorneys
Logan, Isham N. Smith and Coy Bur
nett, for Mr. Moore, and W. W... Cotton
and Wirt Minor for the defendant off!
cers and directors, as to whether Judge
.Wolverton should order the postpone
ment of a meeting of stockholders of
the company set for yesterday after
boon at 2 o'clock.
; Stockholders Adjourn meeting;.'
Mr. Moore's side scored a point when
Judge Wolverton formally, ordered
postponement of the meeting until
Thursday afternoon, or until the court
bearing Is ended. When the stock
holders met later in the company's
offices at 1104 Wilcox building, they
adjourned in accordance with this order
to Thursday at 2.
One of the allegations made In Mr.
Moore's application for an injunction
against the defendants was that they
were attempting to control this stock
holders' meeting with a view to ob
taining adoption of a resolution in
v Btructing the directors to dismiss the
action at law brought by Mr. Moore
on August 28, in behalf of the com
pany, for treble damages of $1,500,000
against these defendants and 14 ce
Jnent concerns belonging to the alleged
cement trust, for injury caused the
Oregon company by actions in alleged
restraint of trade.
Mr. Logan declared to the court that
If the stockholders were permitted to
meet pending the outcome of the in
junction hearing, before settlement of
the moot question as to whether the
R
esmo.
the tested
skin-treatment
I f you want to experiment on your
skin, there are plenty of treatments
to experiment with. But if yoa want
something whose value has been
proven by years and years of suc
cessful use, if you want a treatment
that doctors prescribe constantly,
that you know contains nothing
harsh or injurious, you will find it in
Resinol Ointment, aided by Resinol
Soap. It usually stops itching in
stantly, and rarely fails to clear
away all trace of eczema or similar
tormenting skin-eruption.
Resinol Ointment and Reftinol Soap are sold
by all druggists. For trial free, write to Dept.
27-R, Resinol, Baltimore, Md.
defendants should be allowed to partic
ipate in the meeting with their own
stock and stock alleged to be under
their control, the purpose of the in
junction hearing would be defeated.
lie read from the printed call for
the meeting that among its purposes ,
vo.a mo removal ox ivir. Moore as vico
president and treasurer, and also the
removal as vice-president of Paul C
Bates, one of the directors who Is
on Mr. Moore's side in the steps taken
against other directors and officers.
Mr. Cotton and Mr. Minor explained
that severfal stockholders, including
W.' J. Kerr of Corvallis, had come at
much inconvenience from a distance to
attend the meeting. They argued that
at most the stockholders could only
make recommendations, and that , their
action was not binding on the directors.
But Judge Wolverton took the view
that harm might result from the meet
ing at that time and ordered its post
ponement as related.
Bond Is Required.
At the request of Mr. Cotton, speak
ing as a stockholder, however, the court
directed Mr. Moore to file a bond of
$1000 against possible damages result
ing from the postponement. Judge
Wolverton also made it clear that his
ruling in no wise was to be taken as
suspending the defendants from per
forming their functions as officers and
directors of the company.
In support of Aman Moore's conten
tions as to collusion and -existence of
territorial and price agreements among
the cement companies in restraint of
trade, the following excerpts from let
ters taken from the company's files.
among others, were quoted in affidavits
read to the court:
In a letter from Clark M. Moore, the
new salesmanager, to Colorado Port
land Cement Company, dated August 1,
1916: "Enclose check for S200, which
was advanced the Government on plac
ing bids for the Oregon Portland Ce
ment Company on reclamation service
work." Thanking you for the courtesy
extended."
Territory Was Divided.
The following quotation from a let
ter written by Clark Moore to R. P.
Butchart, president of the company, i
was cited as supporting the allegation
that, although California cement com
panies could send cement to Astoria,
Or., at lower freight costs than the
Oregon Portland Cement Company from
its plant at Oswego, Astoria was in the
territory allotted to Portland, and the
California concerns accordingly raised
their prices so as not to compete
with it:
"Meet with Boettcher, Portland, to
settle important . matters once and for
all time. Advance at Astoria by Cali
fornia companies to meet Oregon prices.
one dollar and forty-six cents per bar
rel was for contract sold by Washing
ton company."
In evidence of the several cement
company connections of Clark M.
Moore, sales manager of the Oregon
Company, the following excerpt from a
letter from Mr. Moore to C. W. T. Hol
lister, assistant sales manager, dated
April 27, 1916:
Advising printing of BOO envelopes
with Clark M. Moore's name in light
blue because Colorado Company's are
white and Three Fork's are buff.
Regarding the Washington and
Olympia cement companies selling
cement in Portland again on a tempo
rary arrangement. Would say for your
information. . it is my understanding
that they have some contracts they are
completing."
Another letter, which, according to
the defense, however, shows that busi
ness was solicited for the Oregon Com
pany in wasnington territory, as far
north as Aberdeen and Hoquiam. was
.quoted. It was written by J. E. Moore
to Clark M. Moore. August 12. 1916.
and, the excerpt reads:
Critical Time Stated.
I -understand this is a critical time
and I do not wish to do anything to
hamper present arrangements or ar
rangements which you expect to make
in the very near future I certainly
hope the' new terms will go Into effect
at once, as we can get Fisher and
other business Hollister made no
sales on his trip north but made quite
a thorough canvass as far north as
Aberdeen. and Hoquiam."
Another excerpt from a letter by J.
E. Moore to Clark M. Moore, dated
August 21, 1916, read:
"Statter has letter making price to
steam railroads $1.60 instead of J1.70
with one "per - cent discount for cash.
Is this correct?"
"That's what I would like to know."
observed Mr. Cotton. "Is it correct? Is
what correct? Nobody knows, though
any explanation Is possible when ex
cerpts are taken at random from iso
lated letters and read into affidavits
like this."
A telegram from George Macdonald.
secretary of the Oregon company, to
President R. P. Butchart, was quoted
as follows:
"Long threatened suit filed yester
day by Aman Moore as vice-president
on behalf of and in the name of our
company against yourself, Mr. Boett
cher, Ballard, Newlands, myself for
damages. No receiver asked. Suit is
absurd and contradictory. Majority di
rectors request Minor handle until your
return, wnen, as president, you can or
der withdraw suit and with directors
take steps prevent repetition suob ao-
tion. Director Wilson would only
agree shareholders' meeting be called
September 20 settle everything, but
your presence gives us directors' ma
jority. Act immediately. No need
hurry. Everything going nicely. Au
gust sales about $20,000."
Another Warning Sent. ,
Still another telegram, from Secre
tary Macdonald to H. A. Ross, was
quoted as follows, under date of August
zs, iie:
"Nothing done. Directors deadlocked
and referred whole matter to share
holders' meeting September 20. Aman
as vice-president on behalf and in. the
name of the company today filed
papers in suit for damages against
Mr. Butchart, Beottcher, Clark Moore,
Newlands, myself. This action proves
my contention our danger lay in his
vice-presidency only. Now necessary
us call directors Mr. Butchart's arrival,
remove Aman and order withdrawal
suit, otherwise company may be deeply
involved financially. Aman will have
suit proceed at once so as to make
all possible amends. What defense you
propose Mr. Butchart.
In another personal affidavit, Aman
Moore charged that at one stage in
the reorganization of the Orepon Port
land Cement Company, Charles Boett-
cher, who was to aid largely in fi
nancing the deal, suggested to Mr.
Moore that he permit the company to
go through bankruptcy. Mr. Moore de
clares Boetcher promised to protect Mr.
Moore's investment of $50,000, and pro
posed to bid in the plant after it had
gone through bankruptcy.
This affidavit by Mr. Moore, in which
he also gave a complete history of the
Oregon company, ended his case.
The defense late in the afternoon be
gan the reading of affidavits by Vice
President Ballard, Superintendent
Newlands, Sales Manager Clark M,
Moore, Wirt Minor, director and at
torney. Joseph N. Teal, W. W. Cot
ton. J. C. Ainsworth, Franklin T. Grif
fith and others.
The allegations made In these affi
davits were covered at length in The
Oregonlan of Tuesday morning. They
were filed with the Clerk of the United
States District Court Monday.
The hearing will continue at 10
o'clock this morning.
TWO FIRMS FILE DEMURRER
Causes of Action Said to Be United
Improperly In Complaint.
A demurrer to the complaint filed
against 14 cement concerns by Aman
Moore, treasurer of the Oregon Port
land Cement Company, charging a con
spiracy in restraint of trade, was filed
Tuesday in the office of the clerk of
the United States District Court by
Bayer-Tablets
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Unscrupulous dealers have adulterated Aspirin. They have even
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Bayer-Tablets of Aspirin contain only the genuine product,
your protection be sure that every tablet bears
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two of the firms alleged to be members
of the so-called "cement trust." These
two firms are the Standard Portland
Cement Company and the Santa Cruz
Portland Cement Company.
The demurrer recites that two causes
of action, improperly united, are con
tained in the complaint filed by Mr.
Moore. It is said that the charges
against R. P. Butchart, president of
the Oswego plant, and P. Boettcher, of
Denver, that they attempted to defeat
the reorganization of the Oswego com
pany and tried to injure it by improper
alignment of machinery; and that they
have conspired to restrain the trade
of the Oswego concern, cannot be con
tained in the same complaint. Such is
the assertion of the attorneys for the
demurring defendants.
STUDENT BODY INCREASES
McMinnvllle College Registration
Unusually Large.
M'MINNVILLE, Or.. Sept! 20. (Spe
cial.) Registration began at McMinn
vllle College today with an unusually
large, number of new students on hand.
Indications are that the student body
this year will be one of the finest, if
not the best in quality, that the col
lege has had. President Riley, who.
on account of his health, was obliged
to leave his work and go East last
Spring, is now back in his office di
recting the work.
The recorder of the college has pub
lished a statement showing the com
parative grade averages made by the
several fraternities in the school. The
women's Greek societies took the lead,
averaging 89.32. The men averaged
86.955. Fraternity people as a whole
excelled the marks of the non-f rats.
the former making 87.87, while the lat
ter made 87.297.
1000 PLEDGE HUGHES
Med ford Alliance Is Biggest
on Pacific Coast.
WOMEN ARE - IN CAUSE
HEALTH SERVICE IS ADDED
Oregon Agricultural College Stu
dents to Have Medical Care.
OREGON AGRICULTURAL. COLLEGE,
Corvallis, Sept. 20. (Special.)' A health
service maintained by the college is a
newly created department at Oregon
Agricultural College and will be avail
able for the use of the students this
semester for the first time.
Dr. Wendell J. Phillips, ex-resident
physician in St. Agnes' Hospital, Phila
delphia, will head this service. He will
give his full time to applicants for
medical attention and will have definite
office hours each day. when he will of
fer medical advice and treat all medical
conditions. He will also be subject to
calls from the student residences. Pre
scriptions will be filled by the depart
meat of pharmacy at nominal cost.
A nurse will be on duty at the dis
pensary to aid Dr. Phillips and all stu
dents will be required to undergo a
thorough medical examination.
FACULTY MEMBERS SWIM
Eearly Morning Hours Chosen by
Oregon Instructors.
UNIVERSITY OF OREGON. Eugene,
Or., Sept. 20. (Special.) Health, hap
piness, longevity and prosperity are the
slogans of a swimming class organized
among the faculty. The class meets
in the wee sma' hours of each morning
on the banks of the mi 11 race clad in
conventional swimming tights. A half
hour is spent in canoeing and the next
half hour In disporting in the cool
running waters of the race.
The idea originated with -A. C. Shel-
ton, of the zoology department, and
J. D. Foster, secretary of the campus
Young Men's Christian Association.
Now Lm. C. Rosenberg, art instructor
in the school of architecture; Paul
Spangler. a sophomore in the univer
sity, and his father. Rev. A. M. Spang
ler, or me Eugene Congregational
Church, are members of the class.
E. J.. DANNELS PASSES
Native of liinn County Dies at Moth
er's Home In Albany.
ALBANY. Or.. Sept. 20. (Special.)
Elmer J. Dannels. a native of Linn
County and resident of Albany all his
life, died at the home of his mother,
Mrs. O. P. Dannels, here today, aged 39.
When a youth he entered the employ
of the Corvallis & Eastern Railroad
and became a conductor, having charge
of the Albany-Detroit run until illness
forced his retirement a few years ago.
He was a member of the Albany
Lodge or t:iKs. Me is survived by his
mother and the following brothers and
sisters: Clyde Dannels and Mrs. Flo J
Merrill, of Albany, and Mrs. Nellie Kirk
and James DannelB. of Portland.
Mrs. E. B. Hanley Declares She
Trusts Republican and Believes
Few of Sex Will Yield to "Sob
Sister" Plea of Democrats.
MEDFORD. Or., Sept. 20. (Special.)
. With the organization of a branch of
the National Hughes Alliance in Med
ford of more than 900 members, which.
according to Walter L. Tooze, state or
ganizer of the alliance, is the largest
organization of the kind not only in
the state of Oregon, but on the Pacific
Coast, one thousand enthusiastic sup
porters of the Republican ticket gath
ered at the Natatorium tonight and
amid great enthusiasm pledged them
selves to work for the success of
Hughes and Fairbanks in the present
campaign.
Mrs. E. B. Hanley. vice-chairman or
the state organization, presided at the
meeting and in an introductory address
explained why she believed the women
of Oregon should support Charles E.
Hughes.
"The Democrats think the women are
going to fall for the sob-sister stuff
they are handing out." said Mrs. Han
ley, "but they are very much mistaken.
Women Can Judge Good.
"Women are not the sentimental Idiots
our Democratic friends think them.
They can discriminate between what
sounds true and what is true. They
know the difference between talking
about economy and simplicity and the
most . wasteful and extravagant Ad
ministration in recent history. They
believe in spending money and getting
value received, they believe in better
schools, better human conditions and
they don't believe in pork barrels and
rewarding deserving Democrats.
"I did not raise my son to be a sol
dier, but I raised him to be a man
and an American citizen, and I expect
him to protect an American woman
whether she is in Mexico or Africa, or
P
THE
EASLEYS
Photography and Art
Dollar Day Special
3 Sepia 7x11 Portraits, 3 poses
made for
ONE DOLLAR
Regular $5.00 Value.
407 Morrison Street
Ground Floor. Phone Mar. 826.
Assortment
Ladies' Waists
31.00
TODAY ONLY
Former Prices
$2.50 to $6.50
Sizes 34 to 44
C.E.H0LLIDAYC0.
355 Alder St., Corner Part
at home along the border. I did not
raise my son - to be a soldier, but I
raised him to be a useful and patriotic
citizen, and if the time comes when it
is his duty to protect the flag of his
country. I expect him to do it and I
know he .will do it.
Hagbu Is Trusted.
"And that Is one reason why I am
for Hughes, because I trust him, be
cause I know that he will keep this
country at peace if a strong will, firm
and skillful management can assure
it, but that no dream of a false and dis
honorable security will impel him to
shirk a National responsibility when
that responsibility is placed upon him."
The principal speech of the evening
was made by Colonel R. C Washburn,
of Table Rock, who declared that the
Republican party in Charles E. Hughes
had obtained the most honest, fearless
and capable statesman in the country
today and that with the watchword,
America first and America efficient,
a victory for the Republican ticket was
assured.
Walter L. Tooze congratulated Med
ford and Jackson County on the
splendid showing that had been made
and predicted amid applause that
Hughes would carry the county in spite
of its reputation for Democratic sym
pathies, by a safe majority.
A male quartet sang a song dealing
with the Democratic Administration.
which made a great hit, and Dick
r-osey, 01 Asmana. recited an original
poem entitled, "Salt on His Tail," clos
ing with a reference to Hughes, that
brought down the house. Previous to
the programme the following officers
were elected: Chairman, Mrs. Ralph
vvooaiora: vice-chairman. L. L. Cath-
cart; secretary. Mrs. George T. D.
O'Brien; treasurer. Frank C. Elliott.
WHISKY TROVE DESTROYED
Eighteen Hundred Bottles Smashed
and Auto Truck Held.
SEATTLE, Sept. 20. Eighteen hun
dred bottlea of whisky were seized by
the police today. Just after they had
been removed from a freight-house by
a - transfer com r n v n H .,(rnr.
under orders from Mayor Hiram C.
lrlll.
An automobile truck, in vhirh
Of the liauor -wnn fminri Ttr - .aM k-
the police pending proceedings to con-
i i .
. , r v .in it.
PORTLAND and SALEM
C?0 round
pf trip
and reduced fares from all
Oregon Electric stations
THURSDAY, SEPTEMBER 28 PORTLAND DAY
Excursion Tickets Sales Dates to Salem
From Points on
The North Bank Road
Oregon Electric Ry.
Oregon Trunk
Ry.
From Willamette Valley points, Deschutes River and Central Ore
gon, and also the North Bank Road, from points between Fall
bridge, Wash-, and Rainier, Or. Round-trip tickets sold daily, Sept.
21-30. Good for return until October 4.
Portland Ticket Offices North Bank Station, Tenth and Hoyt;
Tenth and Stark; Fifth and Stark; Tenth and Morrison; Seward
Hotel, Tenth and Alder; Jefferson-Street Station.
ONE
DOLLAR
Hundreds of Btyles
men's or- women's
Low Shoes and
Pumps, to close
short lines. See windows.
ONE DOLLAR OFF
Regular price on any Men's or Women's Black, Tan,
Gray, White or Brown Oxford Tie in the house.
FALL STYLES ARE IN.
Sample OhoeStore
rom
Here's a store that will make "Dollar Day" the biggest value-giving
event of the entire year! Simon has more than rrerared to srive real cV
guaranteed merchandise at the biggest saving in your history. The
items quoted below are real bargains and limited. If you wish them,
to Simon for Real
Dollar Day Bargains
S1.2S
MEN'S UNION
SUITS
Sl.OO
MEN'S "
SHIRTS
25 POCTTDS
OF
RICE
$1
60c TABLE
DAMASK
:h varus
20
BOXES
SARDINES
14 POUNDS OF
WHITE
NAVY BEANS
3.V
BATH TOWELS
40c
MEN'S
WOOL
SOCKS
THREE
PAIRS
12
OUTIVIi
FLA.WEL
YARDS'
ai.RO
MES'S
GLOVES
$1 I $1
SIT 1 - pnrD
CANS BAKING
POWDER
THREE NIE
pound SACKS
OF FLOl'R
33 BARS OF
WHITE LAUN
DRY" SOAP
SEVEN
POUNDS OF
GOOD COFFEE
mm
gyp-
Simon Salvage Store
SSSc Corner Alder and First Streets
mm
U Jmr XT'
lilt
jar