THE MOTiNTNG OREGONIATT, TUESDAY. NOVEMBER 28, 1910.
COURT TIE SHORT
In ADAMSON CASE
Early Decision Will Smash
Precedents, and Holiday
Recess Is to Come,
ONLY TWO DATES OPEN
Immediate Argument and Setting
Aside of All Other Business Will
Be Necessary for Conclu
v bion Before January 1.
case today. Clerk. Maher sent the
transcript to Solicitor-General Davis by
messenger. It is expected that the
Department of Justice, within a few
days, will formally file the transcript
and have tlie case docketed.
Next Monday when the court recon
venes a motion to advance the case
for early hearings probably will be
presented by the Department of Jus
tice with concurrence of railroad coun
sel. The assignment of errors presented
by District Attorney Wilson is purely
formal, alleging- that Judge Hook erred:
First In not sustaining the motion
to dismiss the bill.
Second In not entering a decree dis
missing the bill
Third In not upholding the validity
of the act of Congress approved Sep
tember 3 and 5, 1916, commonly known
as the Adamson act.
Fourth In enjoining the defendant
(District Attorney Wilson) as prayid
in the bill. ,
The decree, signed by Judge Hook
November 22. includes instructions to
the railroads to keep special accounts
of money due the trainmen after Jan
uary 1 under the Adamson law. so that
it it should be upheld by the Supreme
Court prompt payment of such ac
counts can be made.
ROADSllFSuiTS ALL
OREGONIAN NEWS BUREAU. Wash
ington, Nov. 27. The United States Su
preme Court, to determine the constitu
tionality of the Adamson railroad law
before January 1, would be compelled
to set aside precedents and all other
Important business and to set the case
for hearing Immediately on receipt of
the appeal from the Missouri Federal
Court, and would then be required,
.within a few days after the conclu
sion of the argument, to prepare Its
opinion.
The Supreme Court has never be
fore rushed through so Important a
case In so short a time, and there Is
little reason to believe that it will te
stampeded now by the railroad brother
hoods, as were the President and a
fearful Congress less than four months
nee The question of the constitu
tionality of this now famous law hav
ing at last reached the highest legal
tribunal Inv the land, it would seem
that a halt is to be called in the pell
mell scramble.
Court Now In Recess
The Supreme Court Is mow in recess
and will not reconvene until Decem
ber 4. Therefore, the appeal from the
ruling of Judge Hook cannot formally
reach the court before that date. When
the appeal is presented a motion to
advance will be made. It Is not the
custom of the Supreme Court, even
when granting motions to advance, to
set a case for immediate hearing, and
It frequently is a week after such mo
tion is entered before it is passed
upon.
The court is scheduled to begin Its
holiday recess on December 18, and
unless the Adamson case can be argued
between December 4 and 18 there Is
no possibility whatever of a decision
until after the date when the law was
designed to go into effect. The Su
preme Court. It may be set down as
certain, will not sit during the holi
days; it never does, and no one familiar
with the proceedings of that body be
lieves it will this year. Moreover, it
Is an invariable rule of the Supreme
Court to hand down decisions only on
Hondays.
Only Two Days for Decision
Therefore, there are Just two days
on which the court, if argument should
be had prior to the holidays, could de
cide this case, December 11 or De
cember 18.
Forecasting the action of the Su
preme Court is the most uncertain task
Imaginable, and while it is generally
accepted that the court will advance
this case to early argument there Is
serious doubt whether the argument
can be concluded prior to the holiday
recess, though this possibly may be ac
complished. The plan seems to be. how
ever, to have tho case argued fully and
thoroughly; it seems to be the design
to have all railroads, so desiring, sub
mit their arguments through attor
neys. Just as the arguments in sup
port of the law will be presented
Jointly by attorneys for the Govern
ment and for the trainmen or brother
hoods.
Such an array of counsel as Is pro
posed to present this case to the Su
preme court would require rully a
week, if the court will allow that
much time, but the amount of time to
be allowed for argument will be fixed
by the court when the time for argu
ment arrives. It is the custom of the
court, when advancing a case, to al
low sufficient time for both sides to
prepare their arguments, and it would
be most extraordinary to set this case
far argument within one week from
the date on which tho appeal Is re
ceived. Early Action Not Impossible.
On the other hand, taking into con
sideration the widespread interest and
the general desire for a settlement of
the controversy, tho court could, if
both sides were willing, set the case
for immediate argument, and it could
limit the time and could reach a de
cision if the legal questions involved
are sufficiently clear in the minds of
the Judges within the two weeks that
will be available. It is to be presumed
that every Judge on the Supreme
Uench has already made a study of
the Adamson law; that some, at least.
have been studying precedents and past
decisions that may have a bearing on
xnis case, ana 11 also might be as
turned that the court could cut short
the argument by limiting attorneys
to tne main points at issue.
But that has not been the way of
xne supreme court in tne past. It h
never permitted itself to be rushed by
ouisiae considerations; it has never
yielded to outside clamor, but rather
lias insisted upon regular and orderly
procedure, and has deliberated as fully
as it felt necessary before handing
down decisions in important cases.
Court Is Aware of CrIni."
While the court will be fully aware
or tne "crisis- that is approaching,
Just as another so-called "crisis" de
veloped last August, the court at the
same time will not be unaware of the
widespread Importance of its decision
It will not be unmindful of the fact
that the general public as well as the
railroad Drotherhoods have much at
stake, and it will not be unmindful of
the provisions of the Federal Const!
tution, which is to be its guide in this
case.
The recent stand taken at Baltimore
by the American Federation of Labor
and by the leaders of the railroad
brotherhoods: their open defiance of
tne courts, and their announced deter
mination to override the courts if the
courts do not decide their way wi
have no Influence upon the Suoreme
Court when it comes to pass upon the
constitutionality of the Adamson law.
If, in its wisdom, the Supreme
court does not pass on the constitu
tionality of the Adamson law before
January 1. the handling of the railroad
situation will again be temporarily on
the hands of the President, assuminer
the brotherhoods attempt to.makegood
some or tne tnreats that have been
made by their leaders. What the future
has in store, in the event of what the
brotherhoods may regard delay in the
bupreme court as unnecessary delay,
no one proiesses to Know.
LIXX COUSTY MOVE UNITES COX-
SERVATIVES AND RADICALS.
Grangers and Fanners Join When Both
Bondlns and Paving Are Frowned
Down at Meeting.
ALBANY. Or.. Nov. 27. (Special.)
The meeting held here Saturday for the
rganization of a county roads asso-
lation has resulted in more enthusi
asm over good roads in this county
than has been evident for years.
Classes from the extreme conserva
tives up to the radical enthusiasts are
satisfied with the results of the ses-
ion. The conservatives are pleased
because the meeting took a strong
tand against agitating paved roads.
The radicals are pleased because action
s being taken which lays the way lor
paved roads eventually.
Grange members and rarmers in gen
eral have been holding aloof from any
road organization with the belief that
heir only purpose was to bond the
county and build paved roads. Both
bonding and paving were frowned "on
by the meeting, and when it Decame
vident to these factions that thou
sands of dollars were being expended
n repairing poorly graded and poorly
drained roads with a result that no
permanent improvement was being
made, they immediately changed their
position as far as organizing a roads
association was concerned.
The problems with which the asso-
lation will concern itself are the best
methods of grading roads, the steps
necessary to secure thorough drainage
and the comparative merits of crushed
rock, washed and sandy gravel and
other top dressings.
TRANSCRIPT REACHES CAPITAL
Motion to Advance Case to Be Pre'
scnted Next Monday.
WASHINGTON. Nov. 27. Transcript
In the case of the Missouri, Oklahoma
& Gulf Railroad, chosen to test th
constitutionality of the Adamson law,
was recorded late today at the Supreme
Court.
Instead, of Immediately docketing the
lie men you
admire
are f fie men
wAa we&r our
Clothes
OUR MORE SHIPS PLANNED
f Continued From KlrFt Pap1.)
Cornfoot, head of the company, says
there will be five ways and possibly
ix.
The mould loft is nearing completion
and will be 80 feet wide and 200 feet
ong and today Mr. Cornfoot expects
to submit to Building Inspector Plum
mer detailed plans for the main shops
that will be 600 feet long, with a width
of 85 feet. As rapidly as the way is
paved for the yard, buildings and plant,
the erection and installation will go
ahead, and Mr. Cornfoot is sanguine the
ast ship will be turned over to her
owners in contract time. 20 months.
larger vessels are being built here
and at other ports on the Coast, but
no plant has attained a more auspicious
start than that of the Albina interests
and with six steel ships accepted it is
promised there will be no lull in oper
ations so long as men and material are
on the ground.
Preliminaries Are Worked Out.
To lay out the site, prepare for the
several main buildings, install the in
numerable machines of different sizes
for handling steel parts and a host of
similar features is far from an ordinary
task, yet every detail has been taken
care of up to date.
As to A. O. Andersen & Co., since
quietly opening the Portland office
May 1, which governs the company's
affairs along the entire Coast and will
be the center of its Pacific operations
n the future, vast sums have been ex
pended in a commercial way and from
simply participating in the new wooden
ship construction the company has ex
pended until recently it took over a
controlling interest in the McEachern
plant at Astoria, where at least eight
five-masted auxiliary schooners will be
built, the first of which, is in the water
and nearly finished.
More Than SO Ships Ordered.
Elsewhere the same concern placed
orders for steel steamers of 8800 tons,
acting simply in the interest of clients,
more than 20 being ordered in the
United States. Meantime It has carried
on a commercial trade as well and the
development has been substantial rath
er than rapid.
Representing the American branches
of the company, which are at New
York and Portland, is Arnold Reimann
who has been in the city for several
weeks, while F. K. Hitching, assistant
manager, was here for a few days and
left yesterday for his New lork head
quarters via San Francisco. G. M. Mc
Dowell, who opened and organized the
staff here, is looking after the West
ern district.
Finished Vessels Provided.
The new orders give Portland a total
of 20 steel steamers under contract.
eight of them being held by the North
-west Steel Company and Willamette
Iron & Steel Works, with six others by
the Columbia River Shipbuilding Cor
poration, backed by the Smith & Wat
son Iron Works. Except those to be
built by the Albina Engine & Machine
Works the others are of the 8800-ton
type, three of which are being worked
on at the Northwest plant.
The Albina Engine & Machine Works
has undertaken to deliver completed
ships, machinery being built and assem
bled here as well as tne hulls, while
the Northwest Steel Company will do
the steel work and the Willamette Iron
& Steel Company provide and instal
the machinery for their vessels, not
including the turbine engines, which
will be shipped from the East. The
Columbia River Shipbuilding Company
will build hulls'and all machinery ex
cept the turbines.
J
fbryoungmonr
$l5to?3o
BmferHafs?3
DunhpHafs$5
Votes with every purchase- Tuesday, Greater
Portland Day.
B
Morrison at fourth
D
PEACE NOT WANTED
English Editors Advise Ameri
cans to Keep Hands Off.
GERMAN AIM INTERPRETED
nounced that examination questions
based on the suggested courses in
Bible study will be sent out from his
office January 17 and May 18. and
pupils passing these examinations,
which are graded at the .State Super
intendent's office, will receive high
school credit toward graduation. This
course will be optional with instruc
tion in the home or the Sunday school.
President J H. Ackerman. of the
Oregon State Normal School, made the
second address of the morning.
Dr. Joseph K. Hart, of Reed Col
lege. Portland, delivered three addresses
at the afternoon session of the institute.
Free Hand in South America and
South Africa, It Is Declared,
Would End War Allies De
picted as Bulwark.
IjONDON. Nov. 28. Reports received
from the United States that an organ
ized effort is being made there with
peace the objective has brought out
several editorials In opposition to such
a move.
"If the allies are even reduced to an
armistice by the American intrigues,"
says the Morning Post, "they would re
gard the United States a traitor to the
cause of world freedom. Therefore we
suggest to our American cousins that as
they have decided to take no part in the
war, except to make money out of i
would be wisdom for them to leave us
to fight out what is, after all, their bat
tle." German Ambition Su Trained.
The Morning Post argues that the
Germans are willing for peace immedi
ately, and would give the entente
everything they desire, but only on one
condition, nameiy, that Germany be
given a free hand in Central and South
America.
"We understand." the newspaper
adds, "that the condition has been put
forward of course, discreetly and un
officiallyby the German government,
and that it has been rejected by the
allies. But why should it be rejected?
We are selling our South American se
curities and if the Americans really
want peace and do not object to having
Germany for a neighbor., then why
should England intervene? Any time
in the last ten years we could have had
an agreement with Germany by allow
ing her a free hand across the Atlantic.
Britain Held Counter-Scarp.
"Great Britain stands between" Ger
many and America like the counter
scarp of a fortress, and if the Ameri
cans Induce us to peace before this Job
is finished what they will have ac
complished Is to destroy their best de
fense against Germany.
"The Americans, who. If we may say
so with politeness, are rather painfully
ignorant of European affairs, do not
seem to realize what Germany is fight
ing for not merely the domination of
Europe, but the domination of the
world. If the allies are defeated, what
is there to stand against Germany?"
VILLA TAKES CHIHUAHUA
(Continued From yirwt Pice.
brating their sucress against the Villa
troops and begged to he allowed til
pursue the bandits into the .Sierras, ac
cording to General Trevlno.
Repnir trainc have been sent north
from here to re-establish communica
tion with the border at Juarez.
WITHDRAWAL! REPORT DENIED
Recall of Pershing's JForce Xot In
Ills Hands, Funslon Says.
SAN ANTONIO, Tex.. Nov. 27. Gen
eral Funston does not Intend taking
any action looking to withdrawal of
American troops from Mexico until the
return movement Is ordered hy the War
One-Mlnnte Talk on Home-Owning
Number Six
rgr
3et m -jvf 1 1 ur 'vv i
1
'Will Home Values Go Higher or Lower?
Real estate valuations follow so rigidly
the degree of prosperity or depression of
that community in which the property is
located that in answering this question we
need only to point to the recent and unde
niable improvement in almost every line of
business in Portland and Oregon. "Things
are getting better every day" is heard on
every hand.
This revival of business is going to have
the usual effect on property prices.
In nineteen ten, eleven and twelve,
when things were humming, real estate
prices went up.
History will repeat itself. Experienced
home buyers will avail themselves of this
opportunity, not as a speculation, but as a
protection against the speculation of
others, v
.SeiXtNO OCPARTMEMT
LADD ESTATE COMPANY.
Conoord Bid, t " 3t-V
The "Reflex" Mantle not only
outlasts several cheaper
mantles, hut gives brilliant
light, unc&ninished by shrink
age throughout its long life
GAS MANTLES
REFLEX"brand 15
Formerly 25. Upright or Inverted
All Deal ers and the Gas Company
Oepartment. He today denied a report
that the matter of withdrawing Gen
eral Pershing' command at such time
as it deemed best was placed in his
ha nds.
General Funston will also await In
structions from W..hintnn before
sending additional state troops home
from the border.
tYeMrly.
t ll'e laru
lit Ihi.1 out
hm a it'iil
R. 1 . usisrt It whonl Burden
M hp1 bi-M in Sw Kr!anl. It
thHt l-'rt children each
of rrountt 1 bv IS frt.
& Refining Company' smelter, north
east of the city. The bandits also In
vaded the railroad yards and shops,
but only foodstuffs and forage were
taken, according to Manager Galan, of
the smelter. No property was de
stroyed. The Villa forces left four railroad
trains at Horcasitae Station, south of
this city, having been forced to aban
don them wZten the fighting became
general.
The 40 Villa prisoners who were cap
tured In the cavalry' charge of yester
day were In rags and completely ex
hausted from the fighting and from
lack of food. They told the Carranza
officers of the plight Villa was In be
cause ills ammunition supply had been
exhausted and hia food supply con
sumed. General Trevino's troops were rele-
Big Timber Cutting Contract Let.
EUGENE, Or., Nov. 27. (Special.)
The Fischer-Boutin Lumber Company,
of Springfield, signed a contract with
Elmer Russell, of Walton, for the cut
ting of some 7.000,000 feet of timber
from lands in the Coast range, 30 miles
west of Eugene, for use at the Spring
field mill of the company. Under the
contract, delivery will begin December
5. and will be at the rate of 30,000 to
40.000 feet a day, or approximately five
carloads of logs.
MORAL TRAINING URGED
STATE SCPERISTEXDEXT PLANS
COURSE FOR SCHOOLS,
Albany to Have Charity Ball.
ALBANY. Or., Nov. 27. (Special.)
Albany's first charity ball, at least the
first for many, many years, will be
held Thanksgiving evening. It will be
for the benefit of the recently-organized
Associated Charities and will take
place in the Armory. This organiza
tion was formed for the purpose of
putting the city's charitable work, oa a
systematic basis.
Proposal to Credit Pupils for Rome
Work Is Ialc Before the Lane
County Teachers' Institute.
EUGENE, Or.. Nov. 27. (Special.)
Preparation of a course in moral train
ing for use in the public schools of
Oregon was announced this morning
by State School Superintendent J. A.
Churchill, in an address before 400
teachers at the annual Lane County
Teachers Institute. The course, stated
the Superintendent, will adopt the story
form of presentation and will endavor
to inculcate the virtues into the life
of the student. Outlines of the course
will be ready for distribution during
the present school year.
The course will endeavor by fairy
tale, allegory and historical stories to
bring before the child the various vlr
tues and the vices and the attendant
rewards and punishments.
(Superintendent Caur chill also an-
Multnomah
Hotel
Attractive suites and sin
gle rooms, with or without
bath, are offered at special
monthly rates to perma
nent guests.
We will serve a
THANKSGIVING
DINNER
at one -fifty per cover,
from 5:30 to 8:00 P. M.,
Nov. 30th.
H. E. STINSON, Mgr.
INDOOR GOLF
now being; played at
MULTNOMAH HOTEL
under the direction of
Mr. Watson
professional at the Waverley
Golf Club.
Appointments for instruction
may be made through the
hotel office.
INSTRUCTIONS)
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ARB YOU PAYING the PRICE of OFFICE WORK?
Are you obliged constantly to guard your health against the con
sequences of working indoors all day without sufficient exercise?
Perhaps you have contracted the habit of taking a laxative pill
every now and then as a means of keeping free from constipation.
But this constant drugging of the system with habit-forming bowel
stimulants is dangerous, as any physician will tell you.
The use of Nujol as an internal lubricant is a far more satisfac
tory answer to the office worker's health problem because it re
lieves constipation without upsetting the system or forming a habit.
All "druggists carry Nujol which is manufactured only by the
Standard Oil Company (New Jersey). Avoid substitutes. Write
today for booklet "The Rational Treatment of Constipation."
STANDARD OIL COMPANY
(Nw Jtrttv)
Bitoom New Jerssy