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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Oct. 12, 1922)
THE MOEXEN'G OREGONTA, THURSDAY, OCTOBER 12, 1922 1.1 RAIL DIVORCE CASE AUTHORITIES CITEO Ben C. Dey Replies to Union Pacific Attorney. MR. SPENCER DISPUTED Final Decision Declared to Best With Members of. Interstate Commerce Commission. Citing o; authorities. In the con troversy respecting the unmerger of the Central Pacific frorr. the South ern Pacific railroad, was resumed yesterday when Ben C. Dey, attor ney, for the Southern Pacific, issued a statement in reply to the recent letter of A. C. Spencer, attorney for the Union Pacific lines, in which Mr. Dey reiterated the position that the interstate commerce commission will have the last word to say. "Mr. Spencer has stated in effect that the interstate comment mission, in considering the railroad groupings under the transportation act." said Mr. Dey, "is bound by the decision of the supreme court in the Central Pacific case. We have, here tofore attempted to make it clear that the supreme court's decision is final and is accepted by Southern ' Pacific company in so far as the Sherman anti-trust law is con cerned. Commission to Decide. "The commission will, of course, determine for itself whether or not it is bound by the Sherman ami trust law or by decisions made un Her that law. and in fact the com mission has already settled that question contrary to the views ei nressed bv Mr. Spencer as is shown by the history of the Reading case as follows: "The case of the United States vs. Reading Co., Philadelphia & Read ing Railway Co. and Cenrral Rail-' road company of New Jersey (253 U. S. 26) was decided by the su preme court of the United States April 26, 1920. The supreme court found that the Philadelphia & Read ing Railway company and the Cen tral Railroad company of New Jer sey were competing carriers and that the common control of these two companies constituted a combi nation In restraint of trade in direct violation of the Sherman anti-trust law of 1890. The court entered a decree dissolving the combination and requiring the establishment of the entire independence of each of these companies and certain other companies also defendants in the case. Case Declared Parallel. "This case gives a direct parallel to the present decision of the su preme court of the United States in the Central Pacific-Southern Pacific case, and yet, notwithstanding the decision of the supreme court of the United States in. the Reading case, the interstate commerce com mission in its tentative grouping of railroads filed August 3, 1921, more than a year aftefc the decision of the supreme court in the Reading case. places the Philadelphia & Reading railway and the Central railroad of New Jersey in the same system. This action by the com mission, pursuant to the terms of the transportation act of 1920. shows to a demonstration that the inter state commerce commission in car rying out the terms of the trans portation act does not consider it self bound by decisions of the su preme court resting upon the Sher man anti-trust law of 1890. Clearly the commission considers itself un hampered and free to act notwith standing the Sherman anti-trust law and any court decision made under that law. "As a further demonstration yiat the commission considers itself not bound by the Sherman anti-trust law it has grouped in system No. 4 in its report of August 3, 1921, the Erie railroad with the Delaware, Lackawanna & Western, two hifh-ly-competit ive railroads, a combin ation of which would clearly -be in violation of the Sherman anti-trust law. Another Example Cited. "Another striking example Is that in the system No. 15 adopted by the commission wherein the Chicago, Milwaukee & St. Paul is grouped with the Great Northern. It is com mon knowledge in the west that these two roads are competitive, a combination of them would clearly be in violation of the Sherman anti trust law and yet the commission places them in the same group. "Other instances equally striking might be cited, but the foregoing are sufficient to show that any assump tion that the commission will con sider itself bound by the supreme court decision in the Central Pacific case is entirely erroneous. "Mr. Spencer further states that If the transportation act had the effect of nullifying the Sherman anti-trust law. in so tar as railroads are- con cerned, the supreme court would have rendered no opinion upon the case but would have dismissed the proceeding, and he cites the case of Mills vs. Green in support of that statement. Mr. Spencer overlooks the point that the transportation act leaves the subject in the hands of the interstate commerce commis sion; that the act itself does not say wnat ranroaas may be grouped to gether, but it instructs the commis sion to make the grouping, and it is evident that until those groupings have been finally adopted, neither the supreme court nor any other court could give any railroad com pany relief from the Sherman anti trust law. Case Yet Vnderidrd. The fact is that these groupings heretofore made by the commission, and which leave the Central and Southern Pacific in one system, are not yet final, because the hearings have not been held and the final order of the commission has not been made. "Mr. Spencer comments upon Mr. Sproule's testimony before the Cali fornia state commission in 1913, but he gives only a part of Mr. Sproule's statement at that time. The fact is that in Mr. Sproule's opening state ment to the California commission, and which appears on page 139 of the transcript of the proceedings, he said: 'Perhaps I shoudd begin by stating, with the permission of the commission, that if the Southern Pacific had been left to its own will it would not consent to the sever ance of the Central Pacific from its lines." "That was Mr. Sproule's position at that time and It is his position now, and any attempt to befog the situation by quoting portions of Mr. Sproule's statement is entirely un warranted. McChord Letter Taken 1'p. "Mr. Spencer also quotes a letter from Mr. McChord of the interstate commerce commission, dated July 18. 1922. and from that letter apparently desires to have the people of Oregon TODAY'S FILM FEATURES. Rivoli Milton Sills in "Burn ing Sands." Majestic "The Sin Flood." Liberty Richardi Barthelmess In "The Bond Boy." Also - George Larkin and OUie Kirby in person. Columbia Anita Stewart In "Rose o the Sea." Blue Mouse Owen Moore in "Love Is an Awful Thing." Hippodrome Rose Dione in "Silent Years." Circle May McAvoy in "A Virgnia Courtship." RICHARD BARTHELMESS in The Bond Boy" is the current feature attraction, at the Lib erty theater. This is a fine photo play production, and the star does splend'd work, but it does not meas ure up to the standard set by loi able David." f The story concerns itself with the old practice of bonding out children until they became of legal age. In this instance the star consents to be bonded to save his mother from the poorhouse. The man for whom he works is a tyrant. His second wife is young and attractive and longing for attention and admiration. She does not receive U from the bond boy, but does from a wandering book agent with whom she plans to elope. That individual Is not so particu larly anxious to have her as he is to get possession of the old man's'htheater in 1886. It was a stage sue money, the hiding place of . which the wife has accidentally discovered. The elopement is interrupted by the bond boy. The book agent is wait ing outside. The husband returns. The wife is pleading with the boy to permit her to go. In her mocked earnestness she put her arms about him as the husband enters. He ac cuses the boy of stealing his money and attempting to steal his wife, and declares he will kill them both. He reaches for a gun hanging on the wall, which accidentally dis charges, killing him. Suspicion falls on the hero, who remains silent to protect the erring wife. He is tried and convicted of murder. Then fol lows long, depressive scenes of the boy in prison, awaiting execution. understand that the solution of the present controversy does not rest finally with the interstate commerce commission. As to that, I have only to say that It has heretofore been announced from Washington that the hearings before the commission on this very matter will be held in the immediate future." FAIR TRIALS DEMANDED Redmond Bodies ' Ask Impartial Hearing for Dismissed Men. REDMOND, Or.. Oct. 11. (Spe cial.) Resolutions have been adopt ed by the Ray Johnson post. No. 44 of the American Legion, and by the Redmond Commercial club declar ing unfair the action of the state aid commission in dismissing O. B. Hardy and H. J. Overturf, who were charged with rendering falseap praisals without "first giving them an opportunity to vindicate their judgment and good name." The res olutions demand that these men be given a fair and impartial hear ing and be judged innocent until proved guilty." Another resolution adopted by the two organizations requests the state aid commission to - expedite the granting of loans to veterans in Deschutes county. In some cases, it is said, veterans who have ful filled bonus requirements are liable to lose their equities due to the delay in awards. EDWARD LAFAZE, 96, DIES Packer of Early Days and Re tired Rancher Succumbs. WALLA WALLA, Wash., Oct. 11. (Special.) Edward Lefaze, 96, died today. He had lived In the west for 50 years. For 12 years he op erated a wagon train for transport ing freight between Umatilla and Boise. He had many narrow escapes from Indians and reached "Dead Man's HiH. in the Blue mountains, near Pendleton, a short time after a man named ScroggJn had, been murdered by the Indians. The name of the hill was given following the murder. Mr. Lafaze was a native of Can ada, born September 15, 1826. He lived in Illinois, then went to Colo rado, moving1 to Athena 50 years ago. He retired as a wheat rancher a few yea-rs ago. He leaves two daughters, Mrs. Louis Bergevin and Mrs. Joe Bergevin of Athena; 1-J grandchildren and six great-grandchildren Workman, Hit by Sling, Dies. ABERDEEN. Wash., Oct. H. (Spe cial.) John Daugherty, Aberdeen stevedore, who was caught under a sling load of lumber yesterday, died from the injuries last night at an Aberdeen hospital. Funeral services will-be held next Sunday under di rection of the local sailors' union, of which Daugherty was a member. BLACK HAT WITH QUILLS One of the w fall hats of black has with blue, making a r I X ::.i.':;.-;-S r I " 'if -v v piililPii: with the scaffold being built be neath hie window and a monotonous ly swinging hangman's noose dan gling before him. But then the daughter of wealth, who cares for the pauper who was bonded out, brings her father and influence to bear and the youth is cleared. On the same bill is George Larkin and Ollie Kirby, former motion pic ture players, offering their clever dances. This capable team did not receive the appreciation they de served, owing to the fact that the dance number offered was too short. Screen Gossip. Paul Noble, manager of the Lib erty theater, announces an interest ing list of coming attractions, in cluding the Liberty fashion show, with many attractive models and striking costumes, clever dancing and singing; and such worth while photoplays as "Fools First," which previously was turned down by the local censors; and also Constance Talmadge, in her first big dramatic offering, "East Is West," and a two reel subject, "Sawing a Lady in Half," the act of which toured both the Orpheum and Pantages circuits. The picture will follow closely the act as it was presented, and then will show how It is done. Denman Thompson, a vaudeville player, in 1875 wrote a sketch called "Joshua Whitcomb," which he later expanded into a three-act play. This was christened "The Old Home stead," and produced at the Boston cess for more than 32 years, wltn Mr. Thompson in the leading role It has been screened as the first starring vehicle for Theodore Rob erts, and will open at the Columbia theater . Saturday. . If present negotiations go through Charles Jmes. the William Fox star, is to have for his next story a novel by one of the foremost writers of action stories in the country. It im a romance with a punch. . Anather player who just com pleted a long hop into the "Merry- Go-Round" cast is Dorothy Wallace, a former James Montgomery Flagg poster girl, who arrived at Universal City this week from Honolulu. TfiinYouTlLave to Mate A Scalloped Drapery for Your New Kail Frock. Mc OST of the new frocks show some sort of drapery. Here is one in the form of a side sash that you can add to almost any one-piece frock and give It a new touch: Seal lop one end of several ten-inch bands of silk or ribbon. (The bands should be about five inches wide.) Face these banus. Then applique a scalloped piece of embroidered. beaded or brocaded materia! to the scalloped end of each pieofe. Join these pieces, one under the other. Gather in the top one and join it to the side of your frock. (Of course. to be up to the minute your frock should be draped at one side.) Fin ish the joining with a row of flow ers or beaded ornaments. FLORA. (Copyright, 1922. Public Ledger Co.) Chamber Committees Jfamed: EUGENE, Or.. Oct. 11. (Special.) Albert R. Tiffany, the new presi- dent-of the Eugene chamber of com merce, has named the standing com mittees for the coming year as fol lows: House, Ralph Martin, W. K. Newell and Donald Toung; finance Harold Beystein, A. A. Rogers and Herbert Clark; social, George Mc Morran, I. T. Sparks and A. A. Rogers; publicity, Ralph Martin, I. r. feparks and A. A. Rogers; mem bership, Donald Young, George Mc- Morran' and H. Beystein; agricul tu'ral, A. A. jRogers, M. H.- Harlow and B. H. Ross; Flerence-Eugene road, W. .Newell, L. L. Ray, Fred Ftsk and L. E. Bean; fair, M. H. Harlow, Carl Washburne, W. R. Robertson, J. C. Erice, R. S. Barrett, W. A. Ayres and I- P. vv hitney. Rebekahs to Hold Convention. EUGENE, Or.. Oct. 11. (Special.) The Rebekahs will hold a district convention in Eugene October 25. It is expected that there will be a good attendance from the lodges in the district. State officers will be here. Read The Oregonian classified ads. GOOD STYLE THIS SEASON. Copyright Photo by Bain. uills of the same material, stitched noticeable contrat. mi J limt.SSSi niLw-Ni' SGTBH RECALLS STORM TOM WISE HERE FIRST 38 YEARS AGO. . Star In "Three Wise Fools" at Heilig Remembers Blizzard Which Swept Oregon. When Tom Wise, who is starring in "Three Wise Fools," which opens an engagement at the Heilig to night, sets his foot in Portland on this occasion he may be tempted to let hie memory drift back to his visit of 38 years ago, and if prone Tom Wise,' actor, who recalls his toric trip to Portland. to comparisons then the contrast ing picture he may draw will oe interesting to say the least. Not that Mr. Wise hag kept away from Portland all these years, for he has not. He has visited the city numer ous times and has been welcomed in many excellent roles. But to return to his memorable visit of 1884. Mr. Wise as a mem ber of the Joseph B. Grismer and Phoebe Davies company arrived on December 15 on the last train which reached Portland from the east for 21 days. It was the date of one of the biggest storms and blizzards which has ever swept the state of Oregon. Beginning with a few inches of snow, the storm gathered headway, and in the next few dayH The Dalles and Hood River were buried under five feet of snow, which was drifting badly. Meanwhile the Grismer - Davies company was making a most favor able impression at the New Market theater in "Monte Cristo." Mr. Wise was cast in the' role of Danglars. On the second night of this memo rable engagement the audience ha-1 to be dismissed. Quoting from The Oregonian: "Owing to the failure of the gas last night the New Market theater was in inky darkness, al though otherwise very warm and comfortable. The company wanted to play by candle light, but the manager of the theater would not rree." During the first three weeks of the engagement great excitement prevailed in Portland because of the hundreds of passengers on the snow-bound trains near The Dalles. It was on January 7 at 2 o'clock in the morning that the first of the sncw-bound trains reached Port land. CATHOLICS WILL MEET Eucharistical Conference Opens in St. Johns This Morning. Discussion of two highly import ant subjects, "The Pacific eign of Christ In the Eucharist" and the "People's Eucharistic League," will occupy the morning session of the seventeenth annual eucharistical conference of the Catholic church, whctwiil open this morning at the Church of the Assumption in St. Johns. Monsignor Lane of Albany is director of the conference and will preside at the sessions, and Arch bishop Christie of the archdiocese of Oregon City will be present and par ticipate in the meetings. - The conference will open at 9 o'clock with solemn high mass and this will be followed by the discus sions and businees meetings which will begin at 10:30. At the after noon session, "Devotion to the Sacred Heart" will be the topic of discus sion. BOOSTER JCLUB FETED Grocers and Merchants Entertain at Dancing Party. The Portland Grocers and Mer chants association celebrat'ed the success of their annual grocers' picnic by entertaining the Booster club, an organization of salesmen who call on the grocer trade, at a dancing party at the Multnomah hotel ballrooms Tuesday night. The dancing programme was aug mented by vocal selections rendered by the Boosters quartet, made up of Bud Long, Willamette Jones, R. J. Simmons and A- W. Resare. The entire mezzanine floor of the Mult nomah was used, over 500 couples attending. Card tables were pro vided for BOO. The 1922 picnic committee, W. W. Hill, J. C. Mann and Harry Cork ill. werft in charge of the affair, with D. R. Norton, field secretary, look ing after details. The Dalles Plant Cans Apples. THE DALLES, Or., Oct. 11. (Spe cial.) The local plant of the Libby. McNeill & Libby company Is now running at full capacity on apples. The Dalles King Food Products com pany is running one shift on prunes and two on apples and this will be continued until the prune crop i finished. Approximately 100 tons of apples a day are being consumed by each plant. During the present sea son the Kings plant has handled about 200 tons of prunes. Albany Has New Librarian. ALBANY. Or.. Oct. 11. (Special.) Miss Elizabeth Merrill was elected librarian of the Albany public li brary to succeed Mrs. Viola P. Franklin, resigned, by the library board at its regular monthly meet- last night. Miss Kheta Hayes wds named assistant. The board also estimated that the cost of the li brary for the coming year would be $2977.54. These figures will be just ask for lufiill Cheese 4 ' ' ' J J- ' ' N " I ' ' 1 iwmiiMMiKwi -x'-'m maw in! S Mr . II I MWLamiuii 1 1 im iiimimi r r nmm m WILLYS -1 Roadster Wat Now $1350 $1235 submitted to the city budget com mittee. Three vacancies on the board also will be reported to the city council. They are those left by Dr. M. H. Ellis, deceased; Mrs. D. H. Bodine. secretary, and H. H. Hewitt, president. RIFLE RECORD UNUSUAL Sergeant Ray Powers to End Service With Matinee Today. Sergeant Ray Powers. Portland man. who has been connected with the marines since 1917 and for the last three years has been doing re cruiting work at r-omana, win receive an honorable discharge from the service today. He will take a position here with the American Carburetor company. Previous to the war Sergeant Powers and his mother operated what wag known as Canary cottage. a roadhouse on East Eighty-second street. He made an unusual record as a rifleman during his service with the marines and was selected to represent the Portland district in the western division ririe matcn in 1920, finishing in fourth place with a score of 620 out of a possible 700. He was drill range instructor for IS months at Mare island dur ing the war. Armistice to Be Celebrated. ALBANY, Or.. Oct. 11. (Special.) A county-wide Armistice day cele b'tion will be hA bre November SMART Peacock Styles in . One 'and Two Straps Two Tone Brown and Smoke Pearl and Black per pair While They Last $5 We Strive to Please Peacock Salon 287 Alder ' ' Between 4th and 5th Sts. NEW LOW PRICE The new low prices bring tKls most efficient type of motor within the reach of all. It is the only type which improves with use. It does away with valve grinding, weakening valve Willys-Overland Pacific Co. Frank C. Riggs, Broadway at Davis Touring Trice$ f. o. b. Toledo Wat Now $1375 $1235 11 under the auspices of the Albany post of the American Legion. Other veterans' orjean ization In the (Hill JlflillZi S J I i ( ; I i it 1 j : )I Dj J H I s i CD 1 ; ,' S.NI - springs carbon trouble and other adjustments. Willys-Knight cars, with many re finements, now are the lowest priced Knight-motored cars in the world. Manager Droadway Coupe Wat Now $1875 $1795 eounty will be Invited to pnrtlrlpate. Arrangements for the celebration were placed In fhe bands nf the powl DADDY! iWhen away from home re member the long distance tele phone Do you realize the little effort required to assure those near and dear to you of your safety and comfort? The telephone in pub lic pay station or hotel room in fact, any telephone, anywhere means that separation is meas ured bv minutes, not miles. Send the message ot cheer and affection. You will be giv ing pleasure to others, which will be reflected in ;1 your own satisfaction. Long distance telo- phone service is prompt, efficient and inexpensive. Every Bell telephone is a Long Distance station. I The Pacific Telephone And Telegraph Company GH T 3535 Sedan Wtt Nm $2095 $1950 entertainment committee mwvm4 of Frank C tltellmach.r. rn.lrmaa; Brt 8'evene anil C K Jnrrtun k