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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Sept. 4, 1920)
1 cirt PORTLAND, OREGON, SATURDAY, SEPTEMBER 4, 1920 PRICE FIVE CENTS Poftofftce as Scond-Clas Matter. GRADED RAIL RATE TO WEST OPPOSED Disque Finds Coast Not Unduly Favored. TERRORIST PLOTTERS TRAPPED BY POLICE BRIDGEPORT, COSX., CONSPIR ATORS ARK FOILED. OUTLAW ALL WAR, SAYS MR. HARDING RECORD OF SUFFRAGE ATTACK SENT COLBY TENNESSEE LOWER HOUSE RE QUESTS ACTION. DIVER HITS BOTTOM WHEN VALVE FAILS PERJURY QUIZ BY COX $8,245,249 SPENT BY BRIBE OFFEH OVER MR. CREEL'S OFFICE IS IS CHLORINE GAS DRIVES 3 8 TO 2 SMALL MACHINERY" SPACES. COST OF PCBLIC INFORMATION IX "WAR GIVEX. HINTED MILK CHARGED V 1 J REPORT GIVEN COMMISSION Revival of Water Competition Via Canal Cited. FINDINGS NOT BINDING Interstate Commerce Body Is Ex pected to Carry Out Reconi . niendations, However. OREGON" IAN NEWS BUREAU, , "Washington, Sept. 3. The fact that water competition via the Panama canal Is once more established and Elves promise of rapid development to a point beyond the record estab lished before the var put an end to the use of ships in coast-to-coast trade has led Examiner William A. Disque of the Interstate commerce commission, in a report submitted today to the commission, to recom mend against the establishment of graded commodity rates on transcon tinental business west bound. In addition, Mr. Disque found that commodity rates in general, applying to the intermountain territory from all the country east of the Rocky mountains, were not unduly prejudi cial to intermountain territory or un duly preferable to Faclfic coast cities. Tentative Report Important. The tentative report of Examiner Disque was Important in that it will form the basis of the decision later to be rendered by the commission on complaint of shippers and commer cial bodies of the intermountain ter ntory, praying for graded rates such as were recommended by the so called "coast committee," named by the directors-general of railroads, while the carriers were still under government control. The coast committee's plan was knocked in the head by Mr. Disque In the report, both exhaustive and logical. While the commission is mot bound by his findings, it almost in variably sustains his contentions In passing on cases reported by him. While denying the main plea of the Intermountain complainants. Ex aminer Disque's report recommended that the commission order the estab lishment of joint through class rates from points in official classification territory to points in inter-mountain territory which now pay combination rates based on Mississippi river, Chi cago or St. Faul. Canal Competition RecoarnUed. From a Pacific coast standpoint, the TJicqua report was mainly Important because of Its recognition of the re turn of water competition through the canal, for it was the-dlsappear ance of this water comeptltlon that led to the abandonment in 1918 of the long-and-short-haul rates that ' had. up to that time, recognized the natural advantages or location en- coast. Clearly, the Disque report foreshadowed another big rate re K adjustment, taxing Into consideration, competition appro: It attained prior to adjustment, taking water competition as soon as that proaches the problem o the war. Since the report of Mr. Disque was written, it has been officially an nounced from Panama that the traffic for August was the heaviest in the history of the canal. This report was too late for Mr. Disque, nor did he have an available official statement. This rapid development of canal traffic, however, coupled with the Disque report, has given ground for the expectation of an earlier trans continental rate adjustment than even the Disque report seemed to contem plate. The report of Examiner Disque reviewed exhaustively the history of the westbound transcontinental rate case and closed with the following conclusions: .... Complaints Not Sustained. -"Complainants' allegations with re spect to the propriety of the present commodity rates have not been sus tained. Speaking of these rates as a whole, it Is clear that there is no undue prejudice to intcr-mountain territory and we cannot say that the raits should be graded. Conditions warrant the carriers in their discre tion in continuing the present blanket adjustment on many and perhaps most of the commodities that now move in considerable volume. "The ships that now ply between the Atlantic and Facific ports are not nearly as numerous and the tonnage now moving is not nearly as heavy as during the period that followed the opening cf the Panama canal and pre ceded our entry into the war, but it is, nevertheless, certain that there la sufficient water transportation now going on and sufficient indication that it will further develop and in crease as to cause one to believe that within a comparatively short space cf time it will reach a point where ' It will mean, a serious loss of ton rage Bandied by the rail lines unless they have In force appropriate meas ures to meet the situation. i Old Rivalry Held Lacking-. There is not that strife and rivalry i That formerly characterized the co- 'existence of these two modes of r .Concluded on Face 3, Column i.l. Investigation Following Bomb Ex plosion and Demands for Money Brings Result. BRIDGEPORT, Conn., Sept. 3. Ar reet of seven men, who, according to the authorities, intended to terrorize and blackmail wealthy citizens of Connecticut, is announced by the po lice as the result of their inquiry into a bomb explosion at the Acme Shear company's plant early Sunday. The police account covers the re ceipt by Dwight C. Wheeler, head of the Acme Shear company, August 11 of a letter demanding: 115,000, and oh August 28 of another demanding 120,000. The money was to be placed at a designated spot, and one of the men was trapped there. Arrests of the others soon followed. On Monday an expert gunsmith was put to work on the case. He fash ioned a box-like contrivance con taining a revolver with a hair trig ger and a weight that when moved lighted a red flare. On Monday night several detectives placed the box in position and hid in the underbrush. After midnight a man approached and tried to move the box. There was an explosion and the flare ignited. An officer pressed gun against the man's body and he surrendered. Going- to his home, the police say, they found paper similar to that used in the Wheeler letters, COAL DELIVERIES SHORT Germans, However, Are Expected to Make TJp Deficiency. PARIS, Sept. 3. The French gov ernment made known today that the Gerfi-.ants had delivered 1,500,000 tons of coal up to August 28 and said it was estimated the total deliveries for the month exceeded 1,600,000 tons. This would be 600,000 tons below the deliveries promised by the Germans at Spa, but the government statement said the rate of increase in production indicated that the Germans might, in September and October, make up the deficiency and reach the required 6,000,000 tons for the quarter. British, French, Italian and German delegates have arrived at Stresa, Italy, for a conference at which will be arranged the conditions of pay ments and advances to be made to Germany for the delivery, of coal to the allies. MURDERER PAYS PENALTY Alfred Lane, Homesteader Dies on Gallows in Montana. FOKSTTH. Mont.. Sept. 3. Alfred Lane, homesteader, found guilty of murder for shooting and killing Harry Theade, neighbor, last April, this morning at dawn paid the penalty with his life on the gallows. Lane, officers said, never faltered or whimpered during his 40 days' wait In the death cell. After mounting the scaffold with steady stride, he re peated prayers after Father George E. Ledoux, and at the conclusion of the recitation smiled at the priest. Lane bade county officials goodbye, saying that be bore no giudge. He asked forgiveness and said it was his desire to leave the world with no enemies remaining behind him. The trap was sprung at 5:25 o'clock and a physician pronounced Lane dead at 6:31 o'clock. MYSTERY CASTLE RAIDED Man and Two Women Charged With Performing Illegal Operations SAN FRANCISCO, Sept. 3. War rants for the arrest of Dr. Galen Hickok, his . nurse. Miss Cleo Tevls,' and Dr. Rheinhart Allen of Oakland, a woman physician, on charges of having performed illegal operations on women at Dr. Hickok's "castle of mystery" at Salada beach, were sworn out today at Daly City. Arraignment of Dr. Hickok and Miss Tevls was to take place today. A search was being conducted for Dr. Allen.' IThe arrests followed a raid on the castle earlier in the week, when three girls were found there and bones dis covered in the garden which the San Mateo county coroner declared were those of a new-born child. POLL CLERKS TO STRIKE S 5 a Day Demanded; New Tork Politics Costs to Rise. MOUNT VERNON, N. T, Sept. 3. Further vidence of the high cost of politics was lurnlsned today by the threat of election poll officials here to strike if their demands for an in crease of IS a day are not met. . A delecation of the poll clerks' "union," Including both men and women, presented their demands to the common . council, which replied that the appropriations budget could not afford the additional $3000 their demands would entail. CREDITS REFUSED BRAZIL Financial Condition Serious, Ex change Rate Erratic. RIO JANEIRO, Sept. 3. Financial conditions in Brazil have become so serious and exchange rates so erratic that North American banks and mer chants are refusing further credits to Brazilian concerns until the situation shall have improved, according to speakers at a meeting today of the semi-official commercial association. The association has requested the government to make inquiries in the United States on the subject. U. S." Must Take Lead, Senator Declares. Wilson league inadequate New War but for Senate's Ac tion Visioned. PLEA MADE FOR FARMERS Co-operative Marketing Held First Practical Step Toward Reduc tion of Living Costs. MARION, O.. Sept. 3. Hope that the United States will take the lead to "outlaw war" and secure the per ir.anent peace of the world was voiced by Senator Harding today in a speech at a home-coming celebration at Mount Gilead. O- a small town in his native county. Addressing a crowd from a street booth, where members of the Ameri can Legion were soliciting funds for a home for their local post, the- re publican nominee declared he- was willing to do anything short of sur rendering the nation's independence to attain world concord. He ma tained that acceptance of the league of nations as it was written, how ever, would involve a sacrifice of na tionality which no friend of peace should advocate. America to Lead World. "I want to show my gratitude to these men in an effective way," said Senator Harding, turning to the for mer service men, "by. seeing that neither they nor their sons nor their sons' sons shall ever be called to the battle front again. I am not sure that I am in complete accord with others as to the means, but if'l can speak the conscience of America, we will lead the world to outlaw war." He also declared the. nation must show "practical, helpful generosity" to the former soldier, adding that it was unfair to impose universal serv ice unless there was to be an ade quate expression of gratitude with the return of peace. The speech, was the second de livered by Senator Harding today, his position in support of co-operative agreements for farmers having been outlined a few hours before. Farmers Vrjed to XTnlte. Co-operative marketing, he told a committee of the national board of farm organizations, would be the first practical step that could be taken to reduce the cost of living. The nominee took up several other important issues in talks with politi cal leaders one of his conferences bringing together here for the first time representatives of all three of the groups Into which senate re publicans divided during the league (Concluded on Pare 4, Column l. I t t . . -- ,.- ,., t I . uumu i-ivni l aiaimi nun -i l .i. t i 4 , f -, t t ? - I f (1 ., w.wraMiM V 1 1. V T,,m V. ?Dv A I "VSr-v 1 1 1 1 IT I'll Vf-I HXMrlri TYLMh U r 1 A 1 Efforts of Antis ot Expedite Ap peal From Injunction Denial Meets Setback. XASHVTLLE, Tenn., Sept. 3. At the request of the house of representa tives. Governor Robert3 late tonight forwarded to Secretary of State Colby a certified copy of the journal of that body of last Tuesday, when the at tempt was made to rescind its pre vious action in ratifying the federal suffrage amendment. . The action was not regarded to night by the suffragists as affecting the validity of the proclamation pre viously issued by Secretary Colby of the ratification of the 19th amend ment. The anU-ratificatlonlsts, however. were jubilant because they Inter preted the sending of the statement as meaning that this record would become a part of the evidence to be used in the courts 'to overthrow the validity of the ratification. WASHINGTON, Sept. 3. Opponents of woman suffrage received a tem porary setback today in their efforts to expedite appeal from the decision of Justice Bailey of the District of Columbia supreme court refusing an injunction to prevent Secretary of State Colby from promulgating the suffrage amendment.. Chief Justice Smyths of the Dis trict of Columbia court of appeals denied-the petition of suffrage oppo nents as represented in the American Constitutional league for certifica tion of the case to the United States supreme court without waiting for a decision by the appellate tribunal. The chief justice held that he lacked authority to certify under a decision of the united States su preme court which held that such certification could be . made only where the decision of the local appel late tribunal was fnial. As there is a constitutional question Involved in the suffrage case there would be a right of appeal from a decision of the court of appeals to the United States supreme court. Counsel for the anti-suf fragists, Lbowever, have not abandoned hope of getting the case into the highest court in the land before election day and when the court of appeals con venes October 4 will make a motion to advance the case on the calendar and probably request that their con tentton be overruled in order tha they may appeal at once to the Unit ed States supreme court. BANK ROBBERS ESCAPE Town Marshal Has Rifle Trained on Men, Goes for Help. SAN JOSE, Cal., Sept. 3. While Town Marshal E. Copp of Mountain view.'1 10 miles northwest of here, trained a. rifle on them from behind a palm tree, three bandits in an auto mobile made a vain attempt to rob the Farmers and Merchants bank there at 2:30 A. M. today, a few hours after they were supposed to have tried without success to open the vault of tjje Bank of Sunnyvale, nearby. Copp said the darkness prevented him from seeing the men plainty. so instead of shooting at them he- left his hiding place and went for help. When he returned the men were gone and Indications were found they had attempted to break into the bank. s-r-A J ( , i v 'li'V X. -fev .Crew Taken Out After 3 7 Hours in Through Hole D.rillcd Hull by Rescuers. PHILADELPHIA. Sept. 3. The sub marine S-5 sank on Wednesday after noon at 2 o'clock because one of the air intake valves refused to close when the craft made ""a quick dive for exercise." That Is contained in an official re port made to Washington tonight by radio by one of the boats that stood by and helped In the rescue of the men from the S-5. according: to a report here tonight. The radio message to the navy de partment, the report says, follows: 'S-5 made quick dive for exercise 2 P. M. Wednesday. LarzA vaIva in ir intake failed to close. Admitted large quantity of water to livlnr spaces. Boat went to bottom in 16S feet of water. Got valve closed and ex pelled all water possible, whereupon stern lifted barely out of water, bow on bottom, inclined down 60 decrees. Water ran into forward compart ments. Storage batteries gave off strong chlorine fumes. forward compartmnt vacated and sealed. Continued all nossible efforts to expel water. No success. inorino also rorced vacatinir con trol room after the 38 officers and men crbwded ' into two small ma chinery spa ceo aft and soon began to suffer from bad air. "Finding stern just clear of water. Lieutenant - Commander Cooke and crew began drilling through with small hand drills. Very slow work. wiuia oniy worn two minutes at a time;, bad air. "At 3 f. M. Thursday steamship Alanthus saw submarine, came close, attention attracted by calling and waving through small hole by now through, submarine. Made fast and hung to submarine until relieved F'riday morning, no tools. Could not enlarge hole but saved lives whole crew by pumping air in with small water pump. "Steamship General Goethals nex arrived. Her chief engineer clung to submarine stern. Worked small hand drill for eight hours. Splendid work "Finally got hole large enough at 3 A. M. Friday and all officers and crew escaped without permanent In Jury. All suffering from 37 hours' bad air. Some temporarily incapac itated. "The captain and some others soon revived and began assisting in salvaging submarine. "Naval vessels that started from Hampton Koads, Philadelphia, New Tew Tork and New London began arriving early Friday morning. Ohio now attempting to tow S-6 inshore. ."Consider saving personnel was splendid feat. Slightest mistake af ter accident on part of officers would have resulted In loss of some or all." According to members of the crew of the destroyer Overton, which ar rived at the Philadelphia navy yard tonight after having been to the scene, it was said that the accident was due to negligence of some mem ber of the crew. Officers of the Overton would say nothing, referring all inquiries to Washington. But all commented on the bravery of the officers and crew Concluded on Pas: 6. Column 3.) Quota Denial at Probe Termed an Untruth. OATH BROKEN, SAYS NOMINEE 16 Addresses Devoted to Re peating Slush Charge. 'LAY MADE FOR WOMEN Governor Promises to Talk of Re publican Funds Cntil Elec tion Day in November. KALAMAZOO. Mich., Sept. . Sug gestion of perjury in the Chicago in vestigation by the senate committee of .the republican campaign contri butions was made here tonight by Governor Cox, democratic presidential candidate. This speech closed the first day of his western campaign. tererring to denials by republican leaders of his Pittsburg charges that a republican quota list of 38,145.000 was made for 61 cities, Governor Cox said to his audience here: -lou know that when denial was made at Chicago of the existence of a quota, men were deliberately telling an untruth and telling it under oath. 10 siddrcaaea on Slunk. The governor's statements here closed a day in which he delivered 16 addresses, devoted largely to re publican finances and the league of nations. Republican contributions were dis cussed at length here to an armory audience of several thousand. "It first was denied by Mr. Hays, republican national chairman, that there was a quota, said Governor Cox. again presenting the "official bulletin" of the republican treasurer, with its statements regarding reports of "full quotas" and over subscrip tions. Following with a statement regard-J Inar alleged untruths under oath at Chicago, Governor Cox continued: "If the leaders who have taken pos session of the republican organization will tell an untruth under oath, I ask you if that organization Is entitled to the support of the rank and file this fall." Sure of Quota. "We have established. I think, the existence of a quota. Is there any one who denies that they're trying to put something over and don't want anybody to know about it?" "Mr. Hays and his asslstante may think they can fool the men of America by that kind of twaddle," the governor continued, referring to statements in the republican "bulle tin" regarding plans to press the ef fort for contributions "but they can't fool the women." Governor Cox also reiterated his charses of an "enormous republican" fund and that important business in terests were "trying" to buy a "gov ernmental underhold." "Regardless of denials," he de clared, "I repeat the charge and will continue to press that charge untill the second of November." NEWBERRY TRIAL RECALLED Cox Tells Michigan Audiences of Old Slush Charges. BATTLE CREEK, Mich., Sept. 3. Governor Cox today made a whirl wind rush into his western campaign. making a dozen upeeches throughout Michigan, renewing his attack on re publican campaign contributions and peace policies. Charges of a "plot to buy the presi dency" were reiterated by the demo cratic presidential candidate in vir tually every address in an itinerary which kept him on the rostrum of the rear platform of his private car from early morning until late today. His principal address was at Lansing and here with his closing address tonight at Kalamazoo. He also made numer ous rear platform speeches. Cox Colnea "XewberryUe." Local flavor was given by the gov ernor in his addresses Dy constant reference to the election fraud case of Senator Newberry, republican of Michigan. The candidate declared that n attempt was being made by "re publican contributions" to "Newberry- ize the nation." As proof of his charges the gover nor, to a large crowd on the state capitol lawn at Lansing, read from copies of the republican tresurer's "official, bulletin" presented in his Pittsburg address and also before the senate investigating committee, and an alleged list of subscriptions to the republican handbook of William Barnes Jr., of New York. The latter, he said, comprised representatives of "big business almost everywhere in New Tork." Reading from a list of prominent men named in the subscription list. Governor Cox added: Biff Sams Not Permitted. "These men are not making con trlbutioes to my fund. And there are three very definite reasons. first, they have not been asked: second, thoy would not be permitted, and third, they probably would not if they .(Concluded on Page Column L Report Is Filed With Senate bj Council of National Defense. Film Sales Cut Costs. WASHINGTON, Sept. 3. Total ex penditures of the Vnlted States com mittee on public Information, which functioned during the war under the direction of George Creel, were $8.- 245.343, according to a report filed today witH the United States senate by the national council of defense. The net cost to the government was considerably lower than this, because of receipts from the sale of movlng- pictnr films, and was fixed by E. K Ellsworth, the liquidating officer, at $4,954,200. The film sales made under the committee's direction amounted to 12.34,073. The committee was financed by congressional appropriations of X 150,000, the report eaid. and by the allotment to it from President Wilson of Jo, 650, 000 from funds placed in his hands for use for national security purposes. The pricipal Items of expenditure shown by the report included $1,448. 000 for propaganda work In foreign countries, $1,350,000 for salaries. $Z.- 435.000 for pritlng and $583, 009 for telegraph and cable service. Since the committee ceased its activity, Mr. Ellsworth reports, there has been re covered from "various sources. $676, 239, which has been deposited in the treasury, while claims against it amounting to $365,337 have been ap proved for settlement. NEW TORK. Sept. 3. George Creel, who was chairman of the committee on public information, declared to night that the report of the national dfense council on the liquidation of the committee, made public in Wash ington, was a complete answer to every charge of waste. Inefficiency and confusion. RATE RISE IS REFUSED Passenger Fares Not to Go Vp, Rules Montana Commission. Mti,i.MA, Mont., sept. 3. increases of 20 per cent intrastate passenger fares in Montana asked by the West ern Passenger association, were de nied today by the Montana railroad commission. The commission also de nied a requested CO per cent increase In excess baggage rates, newspaper mflk and cream carrying charges and surcharges on Pullman and parlor cars. The commission based its action on state laws fixing passenger rates at 3 cents a mile. It recently granted 25 per cent increase on intrastate freight rates in Montana, to corre spond with interstate rates allowed by tha interstate commerce commis sion. WOMAN SACRIFICES LIFE Effort to Save Man Asphyxiated by Gas Is Futile. PALMER, Neb., Sept. 3. Mrs. Carl Loffelbeln, aged 45, gave her life to day in a futile effort to save Clarence Newmann, 35, after he had been over come by escaping gas, following a cave-in of a sewer near which he was doing excavating work. She was overcome attempting to help him escape, both dying of as phyxiation. INDEX OF TODAY'S NEWS The Weather.. , YESTERDAY'S Maximum tfmpertturt, 73 degrees; minimum, 53.7 decree. TODAY'S Fair and cooler; westerly winds. Lord mayor of Cork, reported extreme!? low. Pace 2. Lithuanians drive Polish forces back. Page U. National. Graded rail rate for commodities west bound, from intermountain siatea op posed in report to Interstate commis sion. Page 1. $S,24..249 spent by Creel's committee on public war information. Page 1. Traoe treaty notification time expires witij Wilson aUU silent. Page 4. Politics. v Cox hints perjury in slush fund inquiry. Pago 1. America must take lead to outlaw war, says Senator Harding. Page 1. Record of Tennessee house's attack on suffrage forwarded to Colby. Page 1. Dr. Butler pleads for nation of equal men. Page o. DomMtic- Terroriat plotter at .Bridgeport, Conn., trapped by police. Page 1. Flying undershirt reveals plight of dis abled diver. Page 3. Striking California printers deliver ulti matum. Page 3. Faulty valve sends submarine to bottom. Page 1. Sports. Johnston slashes way Into semi-finals. Page 12. Pacific Coast league results: Salt Lake 3. Los Angelen 6; San Francisco 2, Port land 1; Vernon o, Seattle 4; Oakland 3. Sacramento 2. Page 1'2. Louis Kuehn given life membership In Multnomah Amateur Athletic club of Portland. Page 12. Wllhelm may bo barred from national go'.f tourney in 2sew Torku Page 12. Bush ball season closes in two weeks. Page 13. Pacific Northwest. Mountain time wanted in southern Idaho Page 1. Plea of gulity leaves fate of Sheriff Tay lor's Elaycr undecided. Page 7. Bar association meets in Eugene. Page 7. Commercial and Murine. Adequate supply o? cereals in sight for world's needs. Page 19. Extreme gains in Chicago wheat market not maintained. Page 10, Stocks hold even in spite of realizing sales. Page l'J. Million -sal Ion cargo of molasses coming to Port-and. Page 13. Portland and Vicinity. Case of alleged baby-beater taken linHcp advisement by Judge Kotsman. Page 9. Business principles urged for libraries. Page 20. Dog-trot devotees warned to reform. Page 10. Plans for new Bumside bridge find tax payers dubious. Page 11- Milk distributors accused of bribery offer Page 1. George Mowrey, deputy district attorney, charged by two members of grand jury wilh being domineering. Page 4. Distributors Accused by D. E. Harris. W. E. FRANCIS IS NAMED Attempt to Influence Case Against Dairymen Alleged. EVIDENCE NOW ALU IN Arguments on Injunction Asked by League Are Bcgnn; Skim 3Iilk Waste Denied. Bribery charges were hurled ag-alnst the defendant milk distrib utors of Portland yesterday afternoon in the Injunction hearing initiated by the Oregon Dairymen's Co-operative league when D. K. Harris, witness for the plaintiff, testified that W. E. Francis, who took the stand for the defense Thursday, had sought to per suade him Thursday night to agree to perjure himself in court, if neces sary. 'He said If I would come over and testify I would be well taken care of." declared Harris. "He wanted me to go to town with him last night. I said I had taken care of myself be fore and thought that I could con tinue to do so." Francis was a discharged employe of the by-products plant of the league who had testified Thursday that he had seen from 2000 to 3000 pounds of skim milk poured into the sewer daily during the month of July. Skim Milk Waste Denied. Harris asserted ' that the conversa tion did not last long enough to per mit him to learn Just what testimony Francis desired him to give. He de nied that he had been asked to go .to an attorney's office by Francis. Harris was a superior to Francis in the same department of the by-products plant and declared that no skim milk had ever been poured In the sewer to his knowledge, saying, how ever, that sour milk, which had been condemned by the city inspector had been disposed ot in that manner. Kvidence came to a close in the In junction hearing by which the dairy- . rr.en sought to restrain the distribu tors and the Nestles Food Froducts company from attempting to persuade league members to break their con tracts with the league and arguments began yesterday afternoon. Attorney A. F. Flegel opening for the distribu tors. Other attorneys for the creamer ies are Chrlss Bell and John Steven rcn. For the dairymen appear Dan J. Malarkey, James S. Wilson, B. Seabrook and Cicero F. Hogan. Testimony ! Srnrationnl. The testimony of Harris was the most sensational yesterday. He had just finished asserting that Francis h.id been discharged because suspect ed of responsibility for shortage of butter and had polluted the butter output the night he left by adding va nilla extract, when Attorney Malar key asked him if he had seen Francis" since the discharge. "He cameto my home at 91 Seventy-second street North, at 6 o'clock last night." replied Harris. "He said he wanted to see how I stood and asked if I would come over here and testify in this case, saying that I would be well taken care of if I did." The charge made by Alma D. Katz. president of the Oregon Dairymen's Co-operative league, that Portland milk distributors removed part of the cream from nilk received from dairymen in the process of standard ization was denied with indignation by Charles Eckleman. proprietor of the Riverview dairy, who was on the witness stand all morning yesterday. Cream Is Declared Added. "We add cream to the milk we re ceive, "instead of taking it out," he declared. "The average butter fat content of milk we receive from league members Is 3.9 per cent. We standardize our milk with a butter fat percentage of 4.1. though the city requirement is only 3.2 per cent." It was his opinion that the cream eries handled 50 per cent of the household distribution of milk In Portland and 90 per cent of the whole sale distribution. He thought that the league controlled only 60 per cent of the milk supply about this city. Other estimates have gone as high as 73 per cent. "The trouble between the distribu tors and the league is that the dis tributors prefer to have something to say about the price to be paid and do not like .he idea of being told they must pay a certain price, is it not?" Judge McCourt asked the witness. Promises Dertnred Too Many. "Not exactly that, the league has attacked us and has tried to dis credit us," replied Eckelman. "The trouble with the league Ls that it makes more promises to the farmer than it can keep." "Isn't that the same trouble with you distributors?" demanded the judge. "I don't think so." "Isn't it a fact that the league ex ists because of dissatisfaction among the farmers arising from dealing direct with the distributors?" pur sued the Judge. "When the league was formed there was much competition among the Concluded J-' i Column 4.) A- I 107.5v