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About Morning Oregonian. (Portland, Or.) 1861-1937 | View This Issue
TOE MORXIXG OREGOXIAX, TUESDAY, OCTOBER 10, 1922
,. DECffll STANDS
Mandate to Put Edict in Ef
fect Is Next Step.
DOCKET IS CLEARED
AH Motions for Reconsideration
of Cases Dismissed; Iron and
Anthracite Hearing Set.
(Continued From First Page.)
for irrigation purposes from inter
state streams. Several of these cases
had been pending in the courts for
The Coronado case resulted in the
supreme court declaring that labor
unions were suable and were liable
to prosecution under the Sherman
anti-trust laws. In applying the
decision in the case, however, th
supreme court reversed the lower
federal courts, and held that the
United Mine Workers of America,
district Xo. 21, the labor leaders
and others involved in the strifte,
which resulted in the destruction of
property, were not liable for treble
damages under the Sherman law,
because not actuated by an intent
to restrain or monopolize interstate
commerce. The coal companies
Bought unsuccessfully to have that
feature of the decision reviewed,
contending that the prime object uf
the strike was to prevent the in
terstate shipment of coal.
flood ot Suit Expected.
The government was particularly
urgent tor a rehearing m the emer
grency fleet corporation cases, ii
which the court held that the cor
poration, as a government agency,
was suable as any other corpora
tion.' The refusal of ' the . court to
reopen the cases will result, the
government asserted, in a flood of
suits being instituted against the
The baseball case, brought by the
defunct Baltimore Federal league
club against organized baseball, re
sulted in the court deciding that
professional baseball, as placed by
teams under the national agreement,
is not interstate commerce, and in
dismissing the suit for treble dam
ages, brought under the Sherman
pected so to deal with the present aitua- '
tion as to permit either part or ail of tne
Central Pacific to stand alone. Consider
ing the intent of the act, as already pro
mulgated by the interstate commerce
commission, it is evident that the Cen
tral Pacific must be left in its entirety
with the Southern Pacific, or attached
either in part or in whole to other large
systems. On the other hand, it is not
likely that the commission will sanction
any arrangement pertaining to the Cen
tral Pacific that will have the effect of
unbalancing the transportation facilities
of the Pacific coast by so weakening the
Southern Pacific that it cannot any long
er compete with equal opportunity
against its strong competitors.
HEARING DATA PREPARED
UXMEKGEK ISSIE VET OPEN
President Spronle Says Interstate
Commission Has Last Word. ,
William Sproule, president of the
.Southern Pacific, now in Portland
on official business, refused to be
dismayed by the action of the su
preme court, reported yesterday, in
declining a rehearing of the recent
unmerger of the Southern Pacific
and the Central Pacific. Such a
decision, he observed, was not un
expected nor could the case have
been reopened in view of the act
under which it was brought.
President Sproule pointed out that
by the provisions of the transporta
tion act of 1920 the interstate com
merce commission already has ad
vanced its tentative grouping of
roads, and that in this grouping,
which is said to have the unquali
fied approval of shippers, the South
ern Pacific retains the Central Pa
cific, no discrimination being made
between the two, which are herein
considered as One system.
"The cry of those who have
sought, for their own purposes, to
further the unmerger," said Presi
dent Sproule, "has been that the
supreme court should be upheld.
We have showed the supreme court
no discourtesy whatever, and have
the utmost respect for its decrees.
Yet we do feel that the transporta
tion act of 1920, under which the
interstate commerce commission
will proceed, had definitely in mind
not the tearing apart of our system,
but the furthering of such large
groupings as will advance the ef
ficiency of transportation. Upon
this point, indeed, the commission
already has expressed itself, and
soon will open hearings for the
discussion of the various group
ings tentatively named. Such a
hearing undoubtedly will be held in
Portland soon, probably within the
In thorough explanation of the
Southern Pacific's present position
respecting the unmerger. President
Sproule issued the following offi
The United States supreme-court hav-
which the Southern Pacific might file
an application for rehearing in the Cen-
l,JJ ,,C.J:"e- such PPHcation was
made, but the court has not deemed it
I reopen 'he case and so has
refused a hearing. of course, no new
testimony could be submitted
win TVLn1l2 -"' th "P"-eme court
Tv, . ha.nded d"n 1" due course ,o
the district court and presumably when
the proper time comes the attorney-general
will sugsest th form of decree to
the end that the Central Pacific problem
may be finally determined insofar as
Jurisdiction over it rests in the courts
The decision of the supreme court as
rendered, turns upon the Sherman anti
trust act under which the suit was
brought. But six years after the gov
ernment brought the suit congress passed
the transportation act of Ul"io. The de
cision of the supreme court has no ref
erence to this act, and could not have,
because the issues in this case were made
up several years before the transporta
tion act of 1H211 became law.
This act contains an instruction to the
interstate commerce commission to con
solidate the railroads of the United
Sistcs into a limited number of groups,
and this act relieves the railroads in
such consolidations from the provisions
of the anti-trust laws under which tne
supreme court has ordered the Central
Pacific stock sold by Southern Pacific.
Hence if the interstate commerce com
mission finds it in the interest of the
public to maintain the present Southern
Pacific system, the commission has au
thority in the law so to do.
tin August 3. 11121. the commission
served upon the railroads notice of its
rUn mn.le pursuant to the requirements
of this transportation act of lOUO. Under
this plan the Central Pacific is reta in mi
as part of the Southern Pacific system,
.fust as it has been for more than half a'
century. Announcement has been made
that hearmK upon this grouping will be
held very soon.
Thft public has shown overwhelming
interest ia the con tinned .opc ra tion of the
present Southern Pacific system and fu.'I
opportunity w iil now be afforded the
public to appear before the commission
to Rive their Mlews upon the commission's
There is nothing in the situation in
Oregon that shouirt be in conflict with
the action already tken by the commis
sion under this modern law applying to
the Central Pacific problem. In fact it
would seem to be clearly to the interest
of the state of Oregon that the commis
sion's plan, made after deliberate cor
sideration. should receive, the support of
The transportation act of lfl'JO is in
tended to mer&re the independent and
smaller lines with lines that are stronger.
Hence- the suggestion that it single road
may be erected into a unit standing aione
is a proposal that cannot be found in
the transportation act. The act con
templates the creation of large operating
systems, equally balanced and able to
compete with one another. ' The letter
and spirit of the act and the whole trend
of modern transportation development
rt against small independent carriers.
Tberetor. Uxo commission caw not, be ex-
Committee to Continue Gathering
SAN" FRANCISCO, CaL, Oct. 9.
The supreme court decision today is
in effect merely a declaration by the
court that it will not change its in
terpretation of the Sherman act in
relation to this railroad combina
tion, according to F. O. Edgerton,
director of the shippers committee
against dismemberment of the
Southern Pacific - Central Pacific
The committee, he said, will con
tinue preparations to present evi
dence to the interstate commerce
commission to show that the trans
portation act of 1920 permits the
commission to continue the roads as
a unified system in the public in
terest, disregarding the provisions
of the Sherman act.
"This decision leaves the way
open for the interstate commerce
commission to consider the mat
ter." he said. "Under the trans-i
portation act the commission has
full authority to permit the South
ern Pacific-Central Pacific systems
to be operated as they are now."
William Sproule, president of the
Southern Pacific company, issued a
statement saying he believed the in
terstate commerce commission
would find the weight of facts to
justify continued unified operation
of the Southern Pacific and Central
Pacific lines .under the authority
granted the commission by the
transportation act of 1920.
"Congress passed this act six
years after the suit was begun to
force the Southern Pacific to sell
the Central Pacific," he said. "This
act directs the interstate commerce
commission to prepare plans for the
consolidation of the railroads into a
limited number of groups. It fur- ;
ther specifically exempts the rail- j
roads entering into such consolida
tions - from the provisions of the
Sherman anti-trust act under which
the supreme court decision was
"Therefore, through constructive
action, relief from the separation
can be had by action of the commis-
ion if that body finds it in the in
terests of the public to maintain the
association of the Central Pacific
and the Southern Pacific, which
have been managed and operated as
one concern for 52 years."
Carl R. Gray, president of the
Union Pacific Railroad company.
issued the following statement here
today on the supreme court's action:
'The Union Pacific, in the nature
of things, has a deep feeling of
gratification that the decision of the
supreme court will insure an inae
pendent Central Pacific system
whose sole interest will oe to func
tion wholeheartedly with the Union
Pacific in the maintenance of the
historic and shortest transcontin
ental line between the Missouri
river and San Francisco, as origin
ally contemplated by the govern-
ent, and in support ol whicn tne
Union Pacific has devoted its ut
most energies and improvements.
The court, as indicated in its de
cision will undoubtedly require mat
the separation shall be accomplished
with no dislocation of established
routes and charges. The prime re
sult of the decision, obviously, is
the creation of a competitive con
dition which has never before ob
tained and which will keep every
one on tiptoes in efforts toward ever
increasing service and development"
LIQUOR SALE HALT,
IS LASKER'S ORDER
Operators of Vessels Are In
structed to Comply.
SOME TIME ALLOWED
Chance to Dispose of Stocks Al
ready on Board Is Ex
pected to Be Given.
LIQUOR MAKER IN JAIL
Smnpter Offender Gets $200 Fine
and 6 0-Iay Term.
BAKER, Or.. Oct. 9. (Special.)
W. H. Jameson of Sumpter was fined
$200 and sentenced to 60 days in jail
when he pleaded gruilty before Jus
tice Allen today on a charge of illicit
possession of liquor. He was ar
rested at his home Saturday nig-ht
by a federal prohibition officer and
county authorities. The officers,
who confiscated three gallons of
liquor, declared Jameson had been
selling the intoxicant.
The officers also took into custody
Jesse B. Wiens and raided a com
plete 'still nine miles west of Haines
Sunday, seizing: three rifles, 150 gal
lons of mash and four gallons of
moonshine. Wiens was placed un
der $1000 bond by United States
Commissioner Patterson here today.
Deputy Marshal Wells took Wiens
and James Oliver, alleged to have
stolen money orders from the Aber
deen, Wash., postoffice, to Portland
tonight for trial.
HIGHWAY CONTRACT LET
Six Miles of Alsea Mountain Road
to Be Graded.
(By Chicago Tribune Leased Wire.)
WASHINGTON, I. C, Oct. 9.
Chairman Las kef of the United
States shipping board today in
formed all operators of shipping
board vessels that the sale or serv
ice of liquor on board such ships
should be stopped immediately, in
compliance with the recent opinion
handed down by Attorney-General
The telegram was addressed to all
operators of shipping-board vessels
and directed them to get immedi
ately in communication with the
captains of all vessels operated un
der their supervision.
"Relative to my telegram relat
ing to the prohibition of sale, trans
portation or possession of liquor on
ships operated by you for the gov
ernment," Chairman - JJasker's tele
gram said, "I want to make it clear
that it was intended that the sale
or service of liquor .should be
stopped at once on all such ships,
whether in port or at sea.
Reasonable Time Given.
"I want to make this thoroughly
understood by all concerned, and if
you have not already done so, please
wireless or cable to ships now at
sea or in foreign ports and secure
acknowledgment of these instruc
Notwithstanding these drastic di
rections, it is understood that ship
ping-board vessels having stocks of
liquor on board will be given rea
sonable time and opportunity to
dispose of these liquors through
regular legal channels. In most
cases this will mean that these
ships keep their liquor supplies un
til they have, arrived at some Amer
Secretary of War Weeks today
expressed concern as to the manner
in which the Daugherty ruling
would affect the republic of Pana
ma. The Volstead law itself spe
cifically exempts the Panama cana.
and vessels passing through that
water from the provisions of the
law. It so happens, however, that
the greater part of all commodities
destined to the republic of Panama
are unloaded at the army docks,
Panama having no large modern
docks of hr own.
Lenral Obstacle Possible.
On this account there may be
some legal obstacle to continuance
of the practice of unloading liquor
at army docks for use in Panama,
and it is expected that Secretary
Weeks will refer this, matter to
Attorney-General Daugherty for de
cision. The opinion was expressed
tonight that by this combination of
circumstances the people in the re
public of Panama migVft have prohi
bition thrust down their throats.
If the attorney-general upholds
the offhand opinion that the army
docks on the Panama canal must
be considered within the three-mile
limit in the same sense as any port
in the United States, and that no
liquor can be transported through
them, it will doubtless lead to the
smuggling of liquor into Panama
by tugs and launches in the same
way in which it is- now being
brought into the United States at
many points. If the attorney-general
decides against Panama getting
her liquor supply through the chan
nel which she has been using ever
since the opening of the canal it is
believed that the United States will
receive a protest from .the Panama
government on the subject.
diner. He is survived by his widow.
Mrs. Emma Richmond, and five
children John Richmond, Detroit,
Minn.; Mrs. G. R. Moir, Wolverton,
Minn.; George Richmond, Escon
dido, CaL; Thomas Richmond' Jr.,
Gardiner, Or., and Mrs. A. W.
Arlandson, North Bend, Or.
Mrs. T. J. Pellow.
Mrs. T. J. Pellow. formerly Miss
Rose B. Fouts, died in Marysville,
CaL, Wednesday, September 27, as a
result of burns
caused by the ex
plosion of a gaso
line camp etove.
She was formerly
a teacher in Port
land high schools
and was well
known to educa
tors and students
of the city.
Mrs. Pellow was
born in Dayton,
Wash., and after
the Dayton high
Late normal school at Ellensburg.
She also took an advanced course
in education at Columbia university.
New York city, and taught in Walla
Walla, Wash., San Francisco, CaL,
and Portland. The last three years
of her work in Portland were in the
Sellwood grade school. j
Mrs. Pellow was married in 1921 j
to T. J. Pellow of Portland and the !
couple later moved to California. She
is survived by her husband of
Marysville, CaL; her mother. Mrs.
W. H. H. Fouts, two sisters. Mrs.
J. P. Hayden and Mrs. J. A. Thron
son, and a brother, C. R. Fouts, all
of Walla Walla, and a brother, W. H
Fouts of Dayton, Wash.
Funeral services were conducted
in Dayton September 30 by Dr. O. H
Holmes of Walla Walla.
Kev. J. G. Lowes.
Rev. J. G. Lowes, formerly minis
ter of the Sellwood Nazarene
church, died Sun
day, following a
period of ill
health. He is sur
vived by one son
and thrpe daugh
ters, all residing
in Sellwood. Rev.
Mr. Lowes was
born in Acton,
Ind., in 1854, and
came west in 1910,
small pulpits in
ington and Ore
gon. He became
minister of the Sellwood Nazarene
church in 1912.
CORVALLIS, Or., Oct. 9. (Spe
cial.) The state highway commis
sion has let a contract for the grad
ing of six miles of the Alsea moun
tain road, at a cost of $204,000. This
contract is for grading alone, not
rocking. The mountain is to be cut
so that no grade will be more than
5 per cent. It will take all winter
finish ha sraHinff TSjAt Slim
mer the road probably will be used
The rnckinir will cost between
tftnil r,.4 tAiTfin a milo on- will he'
undertaken as soon as money is
available for that purpose.
ASTORIA. Or., Oct. 9. (Special.)
Henry Hendrickscn, troller who was
drowned in his boat off the mouth
of the Columbia river last Saturday,
enlisted in the United States navy
during the world war and served
from December 6, 1917. to September
20. 1919. He was on vessels cruis
ing the Atlantic for submarines and
convoying troop ships. In that
period he was shipwrecked twice,
once off the New Jersey coast, when
he was in the water eight hours
and the second time off the coast of
Scotland when " he was forced to
swim about for nearly ten hours
before being picked up.
C. F. Mumper.
SALEM. Or., Oct. 9. (Special.)
,C. F. Mumper, 52, a resident of the
Clagatt vicinity, five miles north of
Salem, died at a local hospital to
day after an illness of less than two
hours. Physicians said that Mr.
Mumper suffered an attack of pneu
monia. Mr. Mumper apparently was
in the best of health when he arose
at 6 o'clock this morning. Mr. Mum
per had resided In Salem practically
all of his life. He is survived by
several brothers and sisters.
Fred Howitt, early resident of the
Montavilla district, who has resided
on Section Line road for the past 40
years, died early yesterday morning
from a sudden attack of heart dis
ease. His wife found him dead in
bed when going to call him for
breakfast. Mr. Howitt was born in
Yorkshire. England, and was
years of age.
CONVENTION RATE ASKED
Steps for Housing- of Knights of
Kliorassan Is Taken.
Preliminary plans for the housing
of delegates to the Knights of Kho-
convention, to be held nere
next August, were started, yesterday
when Milton R. Klepper, chairman
Two Pant Suits
for Men of all builds
Long, short, stout, slim or
regular build, there's a
size and style in these
extra - service suits for
every age and shape.
My stock for Fall
includes medium and
heavy - weight worsteds
in the newest fabrics and
$35 $40 $45
Portland's Leading Clothier for Over Half a Century
fakers of frniMr cJmJtrmlin Kmtrro0
coots mnd Shoes jot mten ttna 1
of the housing committee for the
convention, called on the Oregon
Siate Hotel association, meeting at
the Benson, had requested rates for
visitors. Though no definite answer
was given, it is thought that the
Shrine convention will be in effect
during the Knights of Khorassan
gathpring. It ts thought that as
many as attended the Shrine con
vention of 1920 will be in Portland
for the coming event.
Samuel Lancaster, the Columbia
highway engineer, told of his work
in illuminating the tops of the abut-
same rates that prevailed during theJments of the Bridge of the Gods dur
ing the recent visit or a aisun
guished gathering of New York liter
The Sign of the Kangaroo
What personality is to manorwornan,thc
sign of the Kangaroo is to good shoes.
The Kangaroo is the symbol of Edwin
Clapp Shoes. Kangaroo skin produces a
leather as silky as the choicest kid, but
tough and enduring as the finest calf skin.
Edwin Clapp Shoes for men and women
are distinctive for every good quality
desired in footwear. Long wear, shape-
keeping, comfort and sixty-nine years of
sustained merit and reputation. To wear
. your first pair of Edwin Clapp Shoes is
an event. You will have found your shoes.1
Just try a pair.
Protzman Shoe Co.'
108 Broadway, Tortland, Or.
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GARDINER, Or.. Oct. 9. (Spe-1 I V ' sssUr 11 t 1 - -- MB XX W L Vj XU
cial.) Thomas Richmond Sr. of! I; TYMYtT flA7S El I ' i , K
Gardiner was buried last Thursday. jlJ J UlVlt f I I Next Week "The Liberty's Fashion Spectacle' I A I rPT-JTXTT;
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prvpii r(J for th btif dlnnrro n4
Bright eyes..' clear slin and
body full of youth and health may
be yours if you-wi!l keep yout
system '. in .. order by . taking
LATH R OP'S -
Tha world' standard ramadfor kldnaf
liver, bladdarand uric acid troubles. It
nmi of lila and Ipcka. In uaa tine
1645. All druftgiat, thraa siiaa.
Laok far taa mat Call M.d.l mm avery
baa aaa aa lamun
FOR BURNING ECZEfIA
Apply Zemo. the Antiseptic
Liquid Kacy to L uc.
From anr drn!t fr S-. nr tl
for lar st a lott!. r Ii
Whn apnli'd aa llrri4 u affec
tively rrmot K -in. a" r,ir "!
Itrhlnn. inl heaia thin troul.:e.
Korea. Ilurne. Wound, a-fl I'h.f'tK,
It penetralea. elnea and eorithe.
l.rmo la a clean. ptnt m and In
eiDenelva antleen'lc liquid Try it.
I(s we believe noihlnc )u hava aer
uaed la aa elfeclive ana sauarm