OREGON STATE LIBRARY VOL. XLI NO. 19,196 Entered at Portland Oreeon) Poatoffice u PecoTid-c'aa Matter. PORTLAND, OREGON, TUESDAY, MAY 30, 1923 PRICE FIVE CENTS TIDE'S PULL HELD CAUSE OP WRECK MAYOR VETOES PLEA OF DAYLIGHT SAVERS MUNICIPAL SETTIXG AHEAD OF CLOCKS OPPOSED. FREIGHT CUT HELD BIG BUSINESS AIL! GRIEF FORGOTTEN IN GRATITUDE AND PRIDE DRUM CORPS SOLOS SENT OUT BY RADIO DRAMATIC READING, PIANO MCSIC ALSO GIVTEN. LANDSLIDE HELD TEMPERATURE OF 83 REACHED IN PORTLAND T ALL PORTLAND PAYS TRIBUTE TO BRAVE DEPARTED. SPRIGHTLY BREEZE OFFSETS HEAT OF OLD SOL. BREAKS P En HELP RAILWAY CONTROL Dead Water Behind Long Jetty Also Factor. 5 BODIES OF 7 RECOVERED Plates of Welsh Prince Are Cut Away. HULL PARTLY IN CHANNEL "rash With Steamer low an Is Be lieved to Have Been Xearly Head-on Death Instant. ASTORIA, Or., May 29. (Special.) Dead water lying behind a long jetty on the Oregon side of the channel, combined with the pull of the tide, swung the bow of the steamer Welsh Prince Into the' path of the steamer Iowan Sunday night too late to avoid the crash which killed seven, men and sent the Welsh Prince to the bottom of the river, in the belief of marine men who worked all today in the twisted wreckage, cutting through eteel girders and plates with acety lene torches to remove the bodies of the dead. The position of the sunken vessel, now lying almost broadside in the' channel, makes it almost certain, they declare, that the Welsh Prince failed to respond to her rudder at the crucial moment when she found her self forced to meet the Iowan on a curve in the narrow channel. Instead of veering to starboard, the British freighter's prow turned dead into the channel and met the Iowan almost head on. Steamer Made Unmanageable. The combined sweep of the tide against the Welsh Prince's stern and the fact that her prow had passed beyond the swift water into the dead had made her temporarily unmanage able, marine men believed. E. B. Hughes, coroner of Clatsop, and his partner. C. W. Carson, arrived on feie soene this morning with Captair.' Cloninger of the river steamer Mel ville and a crew of men and worked : until hfgh tide covered the wreckage tonight. They burnfld through the twisted steel of the freighter with acetylene torches to locate five mangled bodies, all those of members of the ship's crew who were killed in the starboard forecastle in their bunks, probably Instantly In the first fatal crash. The. remaining two bodies were dis covered, but rising tide water forced their recovery to be postponed until tomorrow morning. Fire Occurs In Wreckage. Fire which caught from the stoves ta the forecastle and burnel all night In the woodwork , and bedding had make the wreck a. scene of more dis aster. The revised list of dead is as fol lows? John C. Clare, able seaman, S Rail way street, Elaydon-on-Tyne, Eng land. H. Ward, able seaman, 37 Foxloote road, Bristol, England. Jarvis Blake, donkeyman, 37 Frances street. Shields, England. C. M. Jensen, able seaman, Renders, Denmark. Joel Buckwaker, able seaman, 724 Petty street, Portland. William Sharkey, able seaman, 310 First street, Portland. Knud Yeager, able seaman, Den mark. The bodies of Buckwalter and Jen sen were those still entombed in the wreck. All except Blake were able seaman. Injured Taken to Astoria. The injured were all brought to As toria. They are: James Morgan, fireman, 43, 92 Boun dary street, .Liverpool; scalp lacera tions and shoulder cut. Lawrence Welch, 25, fireman, Cleve land, O.; bruised right foot, lacerated shoulder, right hand and arm cut, generally bruised. P. K. Holm, fireman. 29, Rotter dam, 69 Tollinhuistan, Kaphendreeht; lacerated scalp, right hand and left thigh cut. The bodies were reclaimed only after a day's struggle with the twisted and battered steel hull of the Welsh Prince. Most of them were unrecognizable. The body of Blake, the first reached by the coroner's crew, had a gold Elgin watch, which was still running. Harrowing tales of the disaster were told by the survivors. Those killed were trapped in the hold and were burned to cinders. Grewaome and silent reminders of the shambles in the hold of the ves sel were found when the crew of the Melville cut into the contorted mass of metal with acetylene torches. Victims Caught by lowan's Bow. Most of the victims were caught bythe bow of the Iowan as it crashed Into the forecastle of the Welsh Prince, and they were mangled be yond recognition, A government investigation Into the collision will be put under way Immediately, with Captains E. S. Edwards and John E. Wynn, United States steamboat Inspectors for this district, in charge. Only the reports of the two pilots are now being awaited. The collision occurred near the bend In the Columbia river at Al- (Concluded on Pag 6, Column 1.) Evcrybody Is Free to Make AH Vse He Wishes of Passing Days, Says Executive. The death knell for daylight saving in Portland was sounded by Maor Baker yesterday when he issued a statement declaring that after care ful consideration of the question he had decided against advancing the clocks. ' "I have given the question of daylight-saving a great deal of study," he said, "and have received many petitions both for and against the proposal. I cannot Bee my way clear to support the plan at this time. "Daylight-saving Is a good idea and would be excellent If adopted nationally, but to adopt It as a com munity proposition is wrong, in my opinion. "To have the clocks here an hour ahead of others in surrounding ter ritory would cause a great deal of confusion. As a local matter I feel that it would be an interference with personal liberty, especially since it is possible for all who favor the daylight-saving plan to put It Injo effect 83 far as their own business affairs are concerned without forcing it onto others who are opposed to it." KILLING IS CONFESSED Brakeman Admits He Slew Sales man With Club In Fight. EVERETT, Wash., May 29. (Spe cial.) Donald E. Stevenson, railway brakeman, confessed here late today, according to the police, that he killed A. A. Almour, Seattle salesman, whose body was found Thursday in a patch of woods near Stanwood, Wash. According to the police, Stevenson says he killed Almour with a club during a fight over the question whether or not they would rob a farmer in the vicinity to procure funds to buy "moonshine." The confession was made to Deputy Prosecuting Attorney Kaune and Sheriff West of Snohomish county. The officials declared that they be lieved the confession to be true, and that Stevenson had a motlve.for the deed which he failed to reveal. Kaune was said to have obtained the con fession after he had filed a first degree murder charge against the brakeman. PORTLAND SHIPPERS WIN $2699,52 Reparation Awarded to Fleisclmer, Mayer & Co. THE OREGONIAN NEWS BUREAU. Washington, D. C, May 29. I N. Fleischner, Marcus Fleischner, Mark A. Mayer, Sam Simon. Sanford Hirsch, Josephine Hirsch and Nathan Strauss, co - partners, trading as Fleischner, Mayer & Co., at Portland. Or., are en titled to reparation to the extent of $2699.52 on shipments of table and shelf oilcloth from Peekskilt, New York, and Rock Island, Illinois, the in terstate commerce commission held today. The case was brought by Fleisch ner, Mayer & Co., in conjunction with the Portland Traffic & Transporta tion association against the Spokane, Portland & Seattle Railway and con necting lines. RECOUNT CHANGE SLIGHT O. 1L Fithian Gains 09 Votes and Ralph E. Williams 4 6. Progress of the official election count in Multnomah county yesterday did not materially change any of the figures compiled $r The Oregonian on the recent primaries and in no wise affected the results. Up to nightfall the checkers had completed only the republican and democratic candidates for national committeemen. U. ki. t ithian gained 69 votes over the unofficial count and Ralph E. Williams gained 46 votes. Will R. King lost nine votes in the recount and J. W. Morrow gained 28 votes. Official results for these two of fices were: Ralph E. Williams, 18,678; O. H. Fithian, 16.869; J. W. Morrow, 4455; Will R. King, 3140. MAN FACES TWO CHARGES Ralph Hads of Mosicr, Out on Bail, Ordered Rearrested. THE DALLES, Or.. May 29. (Spe cial.) A warrant for the arrest of Ralph Hads of Mosier, charging i perjury, was sworn in justice court! here today by W. G. McClaren, state ngent of the Pacific Coast Rescue and Protective society. Hads, on the wit ness stand in the trial of Leo Nichol ' of Mosier, charged with a statutory i crime, is alleged to have perjured ! j himself by testifying to the where abouts of one of the material , wit nesses in the case. The perjury charge will be the sec ond to be faced by Hads at the pres - o in- ent term of court, as he was also dieted by the grand jury on a statu tory chargs involving a 15-year-old girl. Hads is at liberty on 11000 bail. MISSING BANKER FOUND Arthur E. Young of Dubois. Idaho, Located In San Francisco. j SAN FRANCISCO, May 29. Arthur E:. Young, manager of the First Na tional bank of Dubois, Idaho, who was reported to the police as missing yes ttrday, was found today t the ferry pudding by M. M. de Kayser.. whom Young had been visiting' here. ivuiig nau ueen. Buiieimg irom a loss of memory, according to Mr. de Kayser. - Nation Declared Quickly Returning to Normal. WAGE DROP ALSO FACTOR All Trades Expected to Regis ter Good Gains. CYCLE ABOUT COMPLETED Mark Sullivan Declares That AVay Has Been Paved for Return to Ordinary Prosperity. BY MARK SULLIVAN. (Copyright, by the New York1 Evening Post, Inc. Published by Arrangement.) WASHINGTON, D. C, May 29. (Special.) America has now com pleted the cycle which is expected by important buslnes smen an econo mists to round out the groundwork for the return of business In this country to whatever is to be the American post-war normal basis. The first step, taken about ten days ago, was the reduction of railroad rates by the interstate commerce commission, and the second, adopted this week, and to go into effect July 1, was the reduction of railroad wages by the official action of the railroad labor board. It has long been recognized that high-railroad freight rates were an impediment to the adjustment of American business. When this was put up to the railroads, however, they always protested that they could not reduce rates so long as railroad wages are so high. The interlocking relation of these two factors and the necessity of taking action on them has lpng been the chief concern of business men and those departments of government which themselves are concerned with business prosperity, Embarrassment J Caused. The two things combined have been a source of .embarrassment for more than a year. Their relation to each other and the relation of both to busi ness prosperity was made especially emphatic at the time of the threat ened railroad strike last year. Those departments of the government which are charged with responsibility for the interests of the public within this field have known that freight rates ought to be reduced and that rail road wages ought to be adjusted so as to make the cut in freight rates possible. The embarrassing question has been, which step to take first. In fthe outcome the two steps have been taken virtually simultaneously. It is believed that wit'h these two embarrassing factors readjusted the way is clear for a thorough-going re sumption of maximum business ac tivity. It is predicted by those who speak with most authority in this field that in the course of a few (Concluded on Page 2, Column 5.) THIS SHOULD BE A DAY i f j J :: y v ) Spiritual Memorial of Enduring Love for, Soldier Dead Is Erected by Citizenry. OUTSTANDING EVENTS OF MEMORIAL DAY. . t 8:30 to 9 A. M. Decoration of J graves in city cemeteries. 10 A. M. Special exercises at f Lone Fir cemetery. 10:30 A. M. Memorial service for sailors and marines at Stark-street dock. If A. M. Dedication of sol diers plot at Mount Scott cem etery. Noon Memorial of Spanish war veterans before courthouse. 12:30 P. M. Special memorial for aviators, Morrison-street bridge. 2 P. M. Memorial procession to auditorium, where civic exer cises will be held, followed by funeral, at Mount Calvary cem etery, of Sergeant Schaffer. Someone slid in verse somewhere, "Each time we love we turn a nearer and a broader mark to that keen archer, Sorrow, and he strikes." It is not so in Portland this Memorial day, when the city will give token of its enduring love for those who passed in stress and sorrow, but for whom pride and a vast gratitude have erected a spiritual memorial that will not yield to grief. The day of memories will discover all citizens, their affairs for gotten and laid aside, ' yielding hom age to the memory of our soldier dead. ! ' Today is the homecoming of Ser geant Walter Schaffer, last of the Oregon dead to return from overseas, and the lesson of the day itself will be indelibly written upon thousands of hearts by this muted presence that is the memorial symbol. Drawn by six black horses, a caisson will bear his clay through the streets, in the parade of veterans, and the casket will rest in honor at the municipal auditorium when the exercises of the day are heid. At every cemetery early this morn ing, varying from 8:30 to 9 o'clock, the Grand Army posts and their auxiliaries, assisted by the American Legion and various veterans organi zations, as well as by the Boy Scouts and school children, win. gather to decorate the graves of soldier and sailor dead. Special programmes, with addresses, , vocal selections and in strumental music, will be held at some of the cemeteries. At 10:30 o'clock, on the ferryboat at Stark street dock, the memorial serv ices for sailors and marines will be held, under direction of Commander HeDevikt and Chaplain Hoadley. The procession to the waterfront will leave the courthouse at 9:30 o'clock. Other features of the observance, apart from the parade and main ex-' ercises, are the memorial exercises at noon for the dead of the Spanish war, to be conducted by Scout Young camp and its auxiliary before the monu ment in the park blocks at the court house; and the memorial for aviators, 12:30 o'clock, on Morrison street bridge. At 11 o'clock the soldiers' plot on the summit of Mt. Scott cemetery will (Concluded on Page 5, Column 5.) OF QUIET AND REVERENCE, NOT HILARITY AND SPORT. Degree Team of Knights of Pythias Puts on Programme; Next Concert Is Tomorrow. Drum corps solos, dramatic reading and piano music constituted the I hour's , radio , programme broadcast j from The Oregonian tower last night between 7:30 and 8:30 o'clock. The e drum corps was from the degree team of the Knights of Pythias, Dramatic Order of Knights of Khorassan, Abd uhl. Atef temple No. 117, of this city. Miss Jane Llndsey gave the dramatic readings and Mrs. Iona Faladeaux played three piano solos. Six members of the Dokles' degree team form the drum corps whloh gave the programme, and if any radio lis teners failed to get their sets tuned in, all they needed to do was stick their heads out of the window to hear the drum' music. In spite of the ex cessive volume of sound, however, listeners reported that the rat-a-tat- tat of the drums was very clear and that they could hear the tattoos and marches played distinctly enough to Identify them. The last number, comprising a selection of fancy rim work, was especially plain, operators said. The other numbers were two phases of United States army tattoos and the "Village Quickstep." Delightful contributions to the pro gramme were the clever dramatic readings by Miss Jane Lindsey, who Is a teacher of English at the Girls' Polytechnic school. Her four num bers were "Marching With the Band," "Itching Heels," "March Seventeenth" and "Fair Warning." Miss Lindsey's readings are semi-musical and she was assisted at the piano by Mrs. Iona Paladeaux. Mrs. Paladeaux gave the third part of the programme, which consisted of piano solos. She is an exceedingly able pianist, combining splendidly the melody and Interpretation of the three numbers she playeed. They were a Chopin Waltz, Beethoven's "Sonata Opus 10, No. 1," and Reinhart's "Im promptu." The entire concert was arranged by the Seiberling-Lucas Music company. The next regular programme to be broadcast from The Oregonian tower will be on tomorrow night- between 8 and 10 o'clock. The two hours will be divided into two concerts. The first will present Mrs. Fred L. Olson, so prano; Miss Lois Gratke, violinist, and Gordon Onstad. tenor. SPEECHES TO BE BROADCAST Harding and Taft Messages Will Be Sent to Foreign Lands. WASHINGTON. D. C May 29. The addresses of President Harding and Chief Justice Taft at the dedication tomorrow f the new Lincoln memo rial will be broadcast by radio tele phone to the farthest stations of the world, it was announced'today. The naval radio plant at Arlington will be utilized for distributing the speeches to foreign lands, using a wave length of 2650 meters, and that at Anacostia will send at 412 meters for domestic points. CHAMBER TO GET BILLS French Deputies to Be Asked to Ratify Arms Agreements. PARIS, May 29. (By the Associ ated Press.) The French government tomorrow will introduce in the cham ber of deputies bills ratifying the agreements reached at the Washing ton armament conference. I Spiritualism Will Win in 10 Years, Says Doyle. rUIIinri 1PTIO IHTCHT HCIilCn LIRllULLIUliU 111 I Lll I ULIULU I'm Here as Prophet, De clares Sir Arthur. SPEAKER IS "FATIGUED" Conversions Not Expected. but Seed Sown for Crop of Fu ture, Is Assertion. NEW YORK, May 29. Sir Arthur Conan Doyle came to America as a prophet, not as an evangelist, he said today. He then declared that within 10 years there would be religious landslides in thiy country and Aus tralia and that when the dust clouds iift spiritualism would be the prevail ing religion. Sir Arthur had just returned from a tour of the country during which he lectured on his knowledge and beliefs in spiritualism. He said he was fa tigued and intended going to Atlantic City for a "dip" and maybe a lecture, if he could find an audience. During his tour, Sir Arthur said he had sought merely to interest his audiences and then let them look fur ther into the mysteries themselves. "Just as I did; they must spend years at it. They must squeeze the Juice out of it and fit it to their re l'gious belief as best they can," he said. Crop Sown for Fntnre. "I have not been looking to make facile conversions. I have been lowing a crop for the future," he continued. "The results will be here in 10 years. I am certain of it, as certain as I am of anything under the sun. During the war I was a fairly good prophet. I foretold what te Germans would do with the sub marine. I know I'm prophesying again. Within 10 years there will be a landslide in this country and I think Australia, too. of spiritualism. It will be the .prevailing religion. It was not so easy to say whether the landslide would come " to Eng land, too, he added., ' because the public mind is different in England. "It is not so open, so receptive as here," he said. "I have received no anonymous and threatening letters in America, and I did in England." Spiritualism Held Spreading. "Spiritualism is filtering into the churches and spreading rapidly over the world," Sir Arthur declared. "A striking example," he said, "were the remarks of former President Wilson on the unknown soldier." "You may recall," he said of the unknown soldier, "that he was not alone; that hovering about were the sculs of thousands who had eiven their lives in war," said Sir Arthur. i wu even uci tjcigy Buying ine same sort of things. What is it? Spiritualism. But they do not call it that because they don't like the sound of the name. Well, we may have to change the name." He suggested that psychic Chris tianity might do. JOBS OFFERED JAILBIRDS Farmer Would Pay Fines, hut Fails to Get Help. BEND, Or.. May 2S. (Special.) So scarce Is farm labor hat W. A. Clark Tumalo rancher, drove to Bend today and offered to pay the fines of all prisoners in the city jail if city iiffi cials would release the men to work cn his land The request was re fused and Clark departed vowing that ne 'would import Japanese labor. . The Bend commercialclub is plan ning to maintait a free employment bureau, which, according to present indications, will have as its chief function the securing of men for the jobs rather than jobs for the men. THIRD CRASH VICTIM DIES Death Toil From Trinidad, Colo., Collision Increased. ,r TRINIDAD, Colo., May 29. The death of John Bellenaso, 31, today increased to three the death toll resulting from the collision of a seven-passenger au tomobile and a motorcycle and side car on the highway north of here Sun day afternoon. In the crash Mary Sidello, 10, and her sister, Angelina, 8. were instantly killed. They were riding in the side car. Bellenaso, riding the motorcycle, was so badly injured that he died a few hpurs later at the hospital. John Castro of Barnes, Colo., who was driving the car that struck the motorcycle, was arrested and is being held at the county Jail. OLD-TIME BARBER PASSES Man Who Shaved President of Long Ago Dead. -.WASHINGTON, D. C. May 29. Louis W. Miller, who shaved four presidents Fillmore, Pierce, Buchanan and Lin colnis dead here at 88. 3 Miller, who for years conducted a barber shop at the New York and St. Germain hotels in New York, contin ued his trade until three years ago, Day Is Not Oppressive, Except in Downtown District; River i Expected to Fall. Summer came one day and one de gree nearer yesterday. The carefully groomed and attended thermometers of the government weather bureau registered 83 degrees at 3 and 4 o'clock yesterday afternoon, one de gree above Sunday's maximum. Except in downtown districts the high temperature was not oppressive. As had been the case on Sunday a sprightly breeze practically through out the day served well to offset the work of old Sol. The Willamette river was estimated by the forecaster to have reached the crest of its present rise yesterday, at 17.3 feet. It Bhould begin falling .today. Should the present warm weather continue over the Columbia and Willamette watersheds, its ef fects will in a few days again be re flected in higher water in these streams. Hourly temperatures of yesterday were reported by the weather bureau as follows: B A. M !8';12 noon 6 A. M 581 1 P. M 7 A. M 1 2 P. Jl 8 A. M C5I 3 P. M ! A. M Bill 4 P. M 10 A. M 761 5 P. M 11 A. M 781 6 P. M 79 SO 82 S3 8:t 83 82 ABERDEEN, Wash., May 29. (Spe cial.) Aberdeen, yesterday experi enced the hottest May day since 1914, and the third hottest for the same month since 1901, according to James D. Carter, weather observer, who thi s morning compared Sunday's re port with those of previous years. The thermornter yesterday registered 83. Saturday it reached 80. The highest temperature recorded in May was in 1914, when the thermometer registered 91 degrees, and the second hottest May day in 1912, when the temperature was 90 degrees. LIQUOR FRAUD CHARGED Alleged Forger of Permit to Ob tain Alcohol Arrested. MONTREAL, May 29. Harry Gross berg of Cleveland, O., is under arrest here charged with forging a permit for the removal of $4,000,000 In liquor with intent to defraud the United Sattes government. It was alleged the permits were presented and honored at the store houses of the Flelshmann Distillery company in Cleveland, O. Grossberg pleaded not guilty. The attorney-general's department at Washington made the charges against him. GENOA PACT IS APPROVED Italo-Russian Trade Agreement Is Accepted in Rome. ROMK.. May 29. The council of min isters l-.ss approved the Italo-Kusslan commercial treaty negotiated at Genoa between Signor Sohanzer, the Italian foreign minister, and M. Tchitcherin, head of the Russian soviet delegation. The draft of the treaty was agreed to at Genoa on May 24. JDEX OF TODAY'S NEWS The Wenlher. YBPTERDAY'S Maximum temperature, 83 decrees; minimum temperature, 58 de grees. TODAT'3 Fair, continued warm: northerly .vlnds. Forpiffn. German chancellor nays Genoa conference marks new epoch. Page 3. National. Suprfme court breaks up Southern Pacific control of Central Pacific. Page 1. Freight and wafre cuts declared to pave way to prosperity. Page 1. Bonus approval by senate committee pre dicted. Page 18. Domestic. Religious landslide in tn years predicted by Conan Doyle. Page 1. Western farmers advised to organize Page 2. Two missing characters, in Peters-Ward shooting case found. Page 2. Southern Pacific tnay have to sell Central holdings. Page 3. Gompere declares workers are penalized bj rail labor board's decision. Page 4. Pacific Northweht. First forest fires rage in Washington Page 5. Pull of tide held partial cause of wreck of Welsh Prince. Page 1. Jimmle Burns is hero of wreck In river. Page 7. Sports. Idaho middleweight takes on tough battle with Ortega tomorrow night at armory. Page 12. Browns fall on Tigers and win. Page 1C. McCarthy forced to call special meeting of Coast league. Page 12. Baseball Is not a trust, aays supreme court. Page 13. Commercial and Marine. Wheat trade waitinsr until May deaJ is out of way. Page 18 Chicago wheat prices have extreme drop of 10 cents. Page 18. Railroad issues strong features of bond market Page 19. Position of stocks economically sound Page 19. Wage cuts stiffen rail stock prices. Page 19. Industrial chiefs outweigh bankers. Page 18. Decisive action expected -today in local waterfront controversy. Page 11. Portland and Vicinity. Investigation of lowan-Welsh Prince col lision to be started. Page 8. Grief for soldier dead forgotten In vast pride and gratitude ot the living. Page 1. Fraternity plans to fight restrictive laws. Page 10. Let everybody save his own daylight, says mayor, opposing municipal action. Page 1. State bank to pay 35 per cent dividend after July ). Page 20. Temperature of3 reached in Portland. Page 1. Country to keep tab on welfare board ex penditures ot public funds. Page 20. Gigantic swindle, charged to ex-bankers. Page 20. J Drum corps solos sent out by radio. Page 1. Weather report, data and forecast. . Page 19. Dark and evil days are facing baron, rags 4. . Southern Pacific to Give Up Central Pacific. SUPREME JUSTICE DAY ACTS Portland to San Francisco Lines Are Affected. AGREEMENT IS" ADVISED Either Apportionment or Pact for Joint or Common Use Is Recommended in Decision. WASHINGTON, D. C. May 29. Dis solution of ow.!hip and control of the Central P .fic railway by the Southern PacitV company was or dered today by the supreme court in an opinion delivered by Justice Day. The decision in the case which was the last of the railroad merger suits to come before the court, held that the two lines were competitive. Jus tices McReynolds and Brandeis, be cause of their official connections prior to going upon the bench, did not participate. Justice McKenna deliv ered a short dissent. The court directed that a decree be entered severing the control by the Southern Pacific of the Central Pa cific by stock ownership .or by lease, but in accomplishing that end so far as compatible, said the mortgage lien In the Union Trust company of New York should be protected. Apportionment Is Sag-BeMed. The several terminal lines and cut offs leading to San Francisco bay which have been constructed or ac quired during the unified control of the two systems for convenient access to the bay, and to the principal ter minal facilities about the bay, should be dealt with, the court declared. "eilher by way of apportionment or by provisions for joint or common use, in such manner as will secure to both companies such full, convenient and ready access to the bay and to terminal facilities thereon that each company will be able freely to com pete with the other, to serve the public efficiently and accomplish the purpose of the legislation under which it was constructed," A like course should be pursued, Justice Day added, in dealing with the lines extending "from San Fran cisco bay to Sacramento and to Port land, Or." C'aie Tending; Since 1814. The case had been pending in the courts since February 11, 1914, when the United States asked the United States district court of Utah to re strain the two railroads, the Union Trust company of New York, and the directors and officials of the Southern Pacific under the Sherman anti-trust and the Pacific railroad act. The United States asserted that the lines of the two ranroaos constituiea com- petllive sysiems am auueu iiim n.e ownership acquired by the Southern Pacific of a controlling interest in the Central Pacific be declared unlawful. A minute review of the history of the two roads was given by Justice Day leading up to what he termed "the outstanding facts" of the physi cal operation of the two railroads. Systems Held Separate. "The Central Pacific, with Its east ern connection at Ogden, forms one great system of transportation be tween the east and the west," the opinion stated, "and the Southern Pa cific with its roads and connections and steamboat lines, forms another great transcontinental system for transportation from coast to coast. The Central Pacific constitutes some 800 miles of transcontinental line of which it is a part. The Southern Pacific system has practically its own .line of railroads and-'Steamboat con nections to New York via Galveston and New Orleans." The acquisition of the Central Pa cific stock by the Southern Pacific was h6ld to be unlawful under the opir.ion of the court in the Union Pa cific case, "unless justified by the special circumstances" relied upon for that purpose, but the court, after analyzing the special circumstances, discarded them as not justifying the control. The present case did not differ from the Union Pacific case at all in principle. Justice Day asserted, the only difference being that in the Central Pacific the South ern Pacific acquired a competitive system of 800 miles in length, whereaj in the Union Pacific the competing system absorbed was 1000 miles in length. Systems Held Competitive. 'These two great systems are nor mally competitive for the carrying trade in some parts from the east and middle west to the coast," Justice Day said, "and in greater volume for the trafffc moving to and f rom ..centra. and northern California, including a great volume of ocean-borne traffic which lands on the coast, destined to cross the continent to the Atlantic seaboard and intermediate western and eastern points, or is destined from the latter points to foreign ports via San Francisco or other Pacific coast points." Reviewing previous railroad-merger (Concluded oa Page 3, Column 4.)