TOE MORXIXG OREGOXIAX, TUESDAY, OCTOBER 10, 1922 RAILWAY DIVORCE ,. 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 many years, 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 corporation. 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 anti-trust law. 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 month." t In thorough explanation of the Southern Pacific's present position respecting the unmerger. President Sproule issued the following offi cial statement: 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 plan. 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 people. 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 Evidence Together. 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 system. 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 given. - "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 Dau&herty. 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 tions. 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 ican port. 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 graduating from the Dayton high schoolattended the 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, filling several small pulpits in southern Wash ington and Ore gon. He became minister of the Sellwood Nazarene church in 1912. Obituai. 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 without rocking. The rnckinir will cost between tftnil r,.4 tAiTfin a milo on- will he' undertaken as soon as money is available for that purpose. Henry Hendrickson. 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. 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 models. $35 $40 $45 BEN SELLING Portland's Leading Clothier for Over Half a Century MORRISON AT FOURTH 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 ary people. 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. tti ..M Tl f. 1 1-' '.'i til i-S fc 1 B xrrw tjpdp 1 n A. -r v n.mM. mm mi I WlldWHPINUIIH AIWi.WWHMl.l -'.' "." t I ln;ll 111 . II. Ill, .11 li B MRRRT WF!KK ""' -:i i mi mi linn inn i nitrrmrr inr"f-iriiiiin' jvr-rft'unr-' ruin it - ' -' D HI LAl oHTtR tj " s B Owen Moore Li ! M THIS ( 1 T'lll I H j gW&h li fef iifeteBABTHELMESSl m'::- I f I IMlheBondBoyl Wk 1 Agreed ! it I t car perfected f 'aTT I b CT? beyond l SV 11 I if U I belief , ; fashions organ . L ; J I Ilia ; i Sl LOVE I! , Wl "P.n.i.n L.Ap.ch. I i i TS AN li r,,,,. m a, sr. ltOTy.XWj i : 'H j A-wpTjT 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; The funeral was conducted by the ' L llftilL J 1 I L , S 111 l I 1 Oddfellows' lodge of Gardmer. HelX&t WW : Am i m .. ... . . . - ., i... .n,..,,..,,..? 1 was owner of the Umpqua Fis'ul NS?3,Ju.y,pii ItSSS" ',;umim ' !,...-- - - - - 1 D Storage & Supply company. Gar- "'lliiriSimili-"1" " " """ " " B MKT. (WITH DU'l tV t KE. (AM fl.MAVS) SOo wnw n ji iM i fr"';',;'r"';'"'" "':r::i:--'-::-:-:-:zr:':":l flavin? i 1 lf?! .sr. -sTrassa if l I H i , . li Kr.ian Jtr.iirj-1 SS ,, i ,t- llllllll f j I I II M.IUII JI j better than S ' h ii hTnrm3rl1 I 'the shiek I; WVAmh KlnilftWLI "H IJ 11 BUSTER KEATON in LTXl Vi A U M VXV -"aT0 ir-rC I l "The Paleface" all laughs. T.V , I I l-VLl mi wltok jtrffts&r' ,., n 'HVK5nT Lm W-mtX ------ v7 Jl S3HI mH V kS-K&i f Koow,e, nctur. myer, To Can SOOH lfl USZZPZ II ii if 1 1 1 pSi N , TODAY I Feel Its QB WiW 11 Rivoli All-Artists Orchestra 1 - . - f I StrentfthenirW I C j sfljir -SrrB mrzwmm ' fell hSB Mr- : , rjfTIMiiUiU&S Effect ! S : vi! i news '-3' i jy 1 .-- -,0 COMING SATURDAY I - M .11 W . ..... I I I I I I I I M I InmantT t 1 I III III MM I vuuivui it 1 i Phone vour want d tj Th I II II E T ;, -nor, y IT. ' .. . . . 1 1 Orexonian. Main 7070. I 1 'llllllll - -- - - J- - - " ' I ' n,im. inn mill li ri in rnturnm n n nii mm m, mm mm ....ii. nimn-i . . . Dyspeptics ! Take Notice!! Thr Worai ll l,m fn That mairl'i lrprla Taklrla ll talr im at lav Haaqarl. AM you irjipv. Hour ptnmmrbw mhn fear lo .at b.'-auw 1mm acuity ynti luffrr the pans "t lndlei ion, let It ly piil X Art Owl f l -h. hm known tht yon find r'lf frim uch 1ltrM by iiniy rhwinn or or (wo Kinrl' 1 1 irni Tt!f aflap mtuli A hiial lit hoi.nln lial I Ron- hark to fri kk ni h on. iind ch"riM, RifnH mnA onlon. rn um lm, err m wit h rff ( ni no on ! mufw Miry rf'iifOVi'rH lhl nftf r tng mirh I h I nxi, ti rt Ivptri Tblft Kftv th trmMh tmi ilkHltrif ff'rt nnrt lhrr w no nir. m-lrl, $cmy hftrtbiirn. bwlrhinn. Ir- nr ii nd mirh tiimi rri du to lnIt pre tion aft! rut inn It U wi 10 (ak nolle of thin n4 trt t m -rnt bfjt of Nnjurt'p I'.vpi' it Tun 1I at tiny iirii utor. irmM mt4 prvpii r(J for th btif dlnnrro n4 banqutn. Adv. Women Made Young 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 I Adr.