THE SUXI5AT OBEGOXIAX. -PORTLAND. OCTOBER 4, 1903.
11
-SUPHEME COURT
ASKEDJO DECIDE
Lumber Rate Case Referred to
Highest Tribunal of ; .
Nation. i
POWER OF COMMISSION
Court or Appeal A'ks Definition f
Hate-Making Pontr and Contin
ues Lower Kate, Tending
Ilnal Peclslon.
SAN FRANCISCO. Oct. . For the first
time since the paasase of the Hepburn
r.llrnn.l rate law. tlie supreme our
of tlie United States will be given an
ni,i.rlnn!lv to DH UPOn the prai-tira
,iU.finn. involved In the law. Three
l,.rt. ,.t the Federal Clrrult Court
nr inwili unable to agree upon a de
ilnion uDon application for an Injunc
tion brought by two of the Harriman
railroad, embodying all the vital
riehfs and powers of the Interstate
Commerce Commission. Including the
matter of court review, today directed
that the case be certified to the Su-
nreme Court.
Relying upon the statute which expe
dites proceedings of this character, the
attorneys In the cam expect a final d
clslon will be rendered within 60 days. In
the meantime, a rate fixed by the Inter
ate Commerce Commission will apply
on shipments of rough lumber from Wil
lafnette River points to San Francisco
Hay and the protest of Northwest lum
bermen to the commission against an in
creased rate will be effective until the
6upreme Court rules otherwise.
Case I'nder Discussion.
The application of the Southern Pa
clflc and the Oregon & California Rail
ways for an Injunction to restrain the
Interstate Commerce Commission from
putting Into effect the rate of $3.40 per
thousand feet on lumber between the
points mentioned has had two hearings
beforo Judges Gilbert. Morrow and
Ross, of the Circuit Court of Appeals.
In the first Instance, a demurrer pre
sented by the Government was upheld,
the Judges unanimously declining to
review the findings upon which the
commission based Its refusal to per
mit the rate to be increased to $5 per
thousand. Luther M. Walters, solicitor
for the commission, who directed the
case for the Government, announced,
when this decision waa rendered, that
the sustained demurrer embodied not
only the constitutionality of the act
creating the commission, but also the
right of the commission to fix and al
ter railroad rates and to review any
new facts or allegations presented in
support of rate changes before such
facts or allegations are carried before
a court. The demurrer also asserted
the right of th? commission to fix rates
without awaiting a court review of its
discretion or Judgment.
Low Rate Pending Appeal.
In an amended bill, filed the following
day. the attorneys representing the rail
roads based their chief claim to relief
at tne court's hands upon the allegation
that the rate fixed by the commission
was confiscatory, presenting evidence and
argument to support that contention. The
demurrer of the Government covering
practically the same ground as In the
Hist Instance was followed by a clay of
argument on this altered phase and It
was on these premises that the three
Judge of the Circuit Court were unable
to agree.
When the derision had been announced.
P. F. pitnne, chief counsel for the rail
roads, made Inquiry as to whether the
status quo should be maintained until
the Supreme Court should render its
decision. This was. In fact, a request
for a temporary Injunction permitting
the railroads to establish the higher
rate and Mr. Dunne reminded the court
that It was vested with power to make
such a ruling. In reply. Judge Gilbert
simply said that the certiilcatlon of
the case to the Supreme Court carried
the entire matter Into the jurisdiction
of that tribunal, by which It waa un
derstood that the application for a
temporary writ was denied.
Victory fop Lumbermen.
Solicitor Walters, who was assisted by
Joseph N. Teal, counsel for the lumber
dealers who protested against the In
creased rate, and by the I'nlted States
District Attorney's office of this city, ex
pressed himself as well pleased with the
outcome of the hearings. While refusing
to discuss the probability of the Supreme
Court rendering a decision In favor of
the Government, he declared that the
jiresentatlon to the court of all material
objections to the existence of the com
mission and Its powers and rights was in
itself a victory of no little Importance.
Late today the opposing attorneys met
In the Circuit Court to agree upon
the form of the questions to be
submitted to the higher tribunal.
Ther was a general belief that
the case would be set for an early hearing
no 11 was considered not improbable. In
view of the far-reaching consequences
of the decision that the court would hand
down its opinion within 30 days. At the
most. It la believed, that consideration
will not be extended over double that
lime. i
The rate of $.140. established bv the
commission, will go Into effect on Octo
ber 16. It was nrst made effective for
August 16. but an extension was granted
upon petition of the railways.
a charge of rupee for every hit. He
managed to make three holes In the
chief tower.
Now the gun has been banded over to
a well-known character. Jemadar Mir
Khan, late of the Fortieth Pathans. The
Jemadar aahib la a Mlshtl, and has un
dertaken to level the Zanga Khel for
tifications for the Mala Khel. He ha
taken on the business on a contract by
which he get 1000 rupee on the destruc
tion of the fort. Powder la a difficulty,
but projectile are available In almost
unlimited quantities, having been labor
iously collected from the various battle
fields of the "87 war. On the death of
Sarwar Khan two year ago the Waxirs
seized hi estate of China rak. The In
habitants of China rak have now offered
the All Khel a large sum of money (said
to be $10,000) if they will drive out
the Waxirs. The All Khel are. of course,
anxious to do so. but the Mala Khel, who
would doubtlea like to take up the con
tract themselves, are preventing them
from offering Chinarak any assistance.
The Mishtls. emulating the Malas. nav
built a gun at a cost of $350. and it
explosions can be heard all day In Fort
Lockliart. Ita range la SuO yard, and It
throws olive-wood balls bound wHh iron
bands: At first 'it shot deplorably high,
but the weights have been readjusted.
and it Is now the terror of the neighbor
DEATH OF OREGON PIONEER.
A' -Sat - -
Mrs. P. T. Wallace.
The) funeral of Mrs. Alice Wallace,
who A led at Terrace Park yesterday,
will 14 beld this afternoon at S
o'clock: from Pinter's chapel. Mrs.
"Wallace- was born February 13. 1847.
at Batd'e Creek. Mich. She waa the
eldest daughter of Mr. and Mrs. P.
Adams. Her mother died when she
waa feme years old. She crossed the
plains w ith her father, arriving In
Albany August 22. 1853. She was
married so P. T. Wallace January 1,
lfttl3. HM r husband. P. T. Wallace,
a son. Eln'er J. Wallace, of Portland;
and a daxaghter. Mrs. J. Dowd, of
Butte, survive her. Mrs. Wallace
was a matnber or the Oregon Pio
neers' Association.
tng hostile towers. There seems absolute
ly no prospect of matters quieting down.
The A f rid Is, Za Imasht and other neigh
bors are taking no Interest in the quarrel.
BIG FAIR fOH GRESHAM
ALL
IS READY' FOR SECOND AX-
XTA1 XUSPLAY.
CIVIL WAR RAGES IN INDIA
Intertribal Feud Brings About State
of Anart'liy.
CALCUTTA. Oct. J.-I Special.) Civil
War. says a frontier correspondent, is
raging throughout the Orakxal territory,
from the Khenkl Valley and Sam an a
Kunge on the south, to Tirsh on the
north. The various Orakxal tribes have
thrown In their lot either with the Samll
faction or Gr faction., and the quarrel
with regard to Chtnarak. the estate of
the Ihi? Sarr Khan, has resolved It
self Into a political intertribal feud,
which is rending the country from end to
end. Sepoys returning to their homes
on leave, and other travelers, have to
proceed with the greatest precaution:
for. not only is every man's hand of the
one tribe against every man of another,
bat the present stale of anarchy and war
has encouraged bands of robbers to at
tack all travelers indiscriminately.
The war Is being waged with particular
violence and hatred between the All
Khel and Mala Khel. The former are
Care, the latter Stemils. The contend
ing lashkars are aeparated by a narrow
nullah, not more than 100 yards broad,
across which a hot tire Is poured all day.
The Maia Kliel have built a caunon.
which ftlfae h meit - to draw It; and
with this weapon are Investing the forti
fied AH Khel village of Zunga Khel. Up
till lately a Slku. trained in some British
battery. has sms wockiM Uia gun, at
Exhibits Will Utilize Every Inch of
Available Space Class Entries
Are Well Filled.
GRESHAM, Or., Oc. 3. (Special.)
The second annual deposition of the
Multnomah County Palr Association
will open Tuesday, ami will continue
five days. Nearly every detail ha been
completed for the event and a most
auspicious season Is loot'ed for.
Only good weather will be needed to
make it successful, as tlae exhibits will
occupy all the available space in the
new pavilion, as well ae In the stock
barns and poultry aheds.
The pavilion is 50x16V feet, two
stories high. The ground -.floor will be
occupied by the agricultural exhibit.
and the upper floor will be used as an
assembly room and art gallery. The
building is being wined fjor electric
lights.
The stock pens and poultry nous are
models of convenience and win accom
modate a large showing of tie best the
county affords In those lines.
In some respects this year a fair win
surpass that given last year, as a re
sult of the combined efforts otf the ten
county granges. Besides, the fair Is
now on a permanent footing, under di
rection of a stock company. he city
of Gresham having furnlahed $ts new
park grounds for a site free of charge
so long as a fair shall be held.
The officers of the association are
H. E. Davis, president: A. F. Miller.
ire-president; Dr. J. M. Short, ecre-
ary, and .Miss ciara l. neon, creas-
urer. Under tneir management ersougn
money has been secured by the a,le of
stock to erect permanent buildings,
while the receipts fop the week are ex
pected to pay all expenses and pre
miums. Attractions on The Furrow will be
numerous and of an entertaining char
acter. Each day will have Ita spealal
features, among them being educational
programmes and entertainments. Base
ball and other athletic sports will Tie
daily attractions.
TOO ACTIVE IN POLITICS
President Removes Two
Civil Service Rule.
WASHINGTON. Oct. 3. As the result
of a report made b'y the Civil Service Com
mission. President Roosevelt has re
moved Lincoln Avery, collector of the
port at Port Huron. Mich., and also
directed the removal of Charles H.
Dally, special agent of the treasury at
that place. The Civil Service Commis
sion found proof of charges that serious
violations of the rules In regard to
campaign assessments had been com
mitted, and that Special Agent Dally
had been involved In "pernicious activ
ity in politics."
Here the Giants . off
are smiting the rocks of industry
gold are streaming
Com
merce
and rivers of shining
forth. Here is the cornerstone
of Portland's unparal
leled future prosperity
Watch SWINTON-the business
center of the great industrial dis
trict of future Portland. Join the
crowds that go to SWINTON every
day to see the tremendous scope of
the work undertaken by Swift, Har
riman and Hill on the Peninsula.
People stare in amazement at it
and wonder how such immense
projects can be so far under way
without every living , man and wo
man in Portland being thrilled with
enthusiasm over them. SWINTON
has the business property. It will
be densely built up to provide for
the great mass of employes who
will locate near the greatest pack
ing plant in -the world. SWINTON
will follow in the footsteps of busi
ness properties that were near the
big packing houses m Chicago,
Omaha and other Eastern cities.
Every lot in SWINTON will double
and treble in value many times over
in a very short time. People who
invest now in SWINTON will reap
an enormous profit within a few
months. Thousands are seeing the
work Swift is doing the proximity
of SWINTON -and realize that at
present prices fortunes are to be
made here on a small outlay of
capital. Go to SWINTON today.
See the wonderful things that are
going on around it. You'll be im
pressed with the enormity of them
and want to buy all of SWINTON
you can carry. SWINTON offers
a ground floor opportunity NOW.
Easiness property in SWINTON is selling for less than residence
property in any other part of the city. Business lots in SWINTON
are selling for a third less than other property in the same local
ity not as well located. SWINTON is offered on easy terms.
SWINTON is selling faster than any other property in the city.
There's a reason. See it today. Take Vancouver carline.
Autos will meet every car after noon at Columbia Boulevard.
COLUMBIA TRUST COMPANY,
Couch Building, Portland, Or.
Please send me your Booklet,
"THE COMING OF SWIFT."
Name
Address
THE COLU.
TC
SEVENTH FLOOR COUCH BUILDING, PORTLAND, OREGON
OMPANY
AMERICAN WOMAN WRITES OF VENICE, THE
FAMOUS CITY Ob HUMAN AND AN 1 lUl 1 Y
Emille Trances Bauer Is Disappointed on Tirst View, and First Impression Deepens Not Enthusiastic Over
Gondoliers, but Marvels at Galleries and Churches.
V
Paint Portrait of King or Sweden.
NEW YORK. Oct. S.-Misi Ava de
Lagereelna. a Swedish artist, who la
well known In this city, haa received a
call to paint a portrait of the Kins of
Sweden and she will leave New York for
her native land on October 15. Her work
attracted the attention of Prince Wil
helm. son of the Kins;, when ha was In
New York a Tear ago and paid a visit to
her studio. Miss de L&gerceins Is a cou
sin of Mr. Herman de la Gercelna. Swed
ish Minister to the United States, who
haa recently been In Sweden. She ex
pects to return to New York In January.
ENICE. Italy, Sept. 30. Spec!al
Correspondence.) I have shocked
mo many people iy expressing; a
keen disappointment concerning Venice
that I almost fear widening the ripples of
reproach and wonder. However, as Ven
ice will continue to delight those who love
It whether It pleases me or not, I shall
exert the good American prerogative of
Under -J holding my own opinion.
1 And as I. use the word "American," it
occurs to me that It was the American
Independence which prevented me from
appreciating those things which other
leople love. When I descended from the
crain which landed me in the noted Ital
ian city I called for a cab. The very
word la unknown in Venice, and instead
I was ushered out of the station to a
sheet of water In which were plying the
gondolas. A sudden feeling of weakness
and of helplessness came over me that I
did not lose all the time I was there. I
know that for once I was at the mercy
of Xhe boatman, and that It waa stay at
home or travel about in this manner a
manner very delightful at night and un
der certain conditions, but the "condi
tional" were not with me in Venice and
this was broad daylight. This made it
possible for me to see the dark, unclean
water filled with drifting melon rinds,
lemon, and orange peel and other things
nice emough In their place, but decidedly
tnfellcdtous In a body of water which
formed the alleyways to dark and dingy
rear views of the homes and streets of
Venice.
To bv honest, there is much that Is
beautiful in Venice, but coming Into that
sort of picture Instead of entering the
City of Romance and antiquity with the
proper, 5lrlt of appreciation, I lost all the
beauty until I was able to bury myself In
the galleries.
But what wonderful galleries and what
churches! The over-lavishnees is indeed
almost painful, as no mind can grasp and
retain so much, especially as the hours
are not convenient the galleries .close at
3 o'clock, and it is either go at 9 and stay
all day or go back several times, and as
there ie an admission charged in these
cities, it makes it rather expensive to do
otherwise than "gulp," and art swallowed
in this fashion is more Indigestible than
eatables.
The wonders of the galleries, however,
are almost exceeded by the marvelous art
treasures In the churches. Although it
may sound reckless, it is safe to say that
until one has seen these old churches of
Italy one can have no conception of what
a church really means. The atmosphere
is fairly Indescribable, and the only thing
which prevented a complete enjoyment of
roaming through them was the sense of
desecration. It seemed unpardonable to
enter these places as a sightseer while
people were at their devotions and there
to never a minute in the day when from 20
to 30 are not to be found in any of them.
Not infrequently the priests are conduct
ing services, if not at the great altar, at
one of the Innumerable smaller ones.
Some of the churches are rich in Ti
ttans. In Bellinls, in Paolo Veronese, In
Tiepolos, and especially In Tintorettos.
These exist In large numbers in Venice,
while there is not a Raphael 'in any of
the galleries or in the churches. Nor
chould one overlook the wonderful statu
ary, which includes auperb examples of
Sanaovino. The woodwork and the gold
smith's art are of surpassing beauty: In
deed they far surpass the most extrava
gant expectations.
The place of places in Venice is, of
course, St. Mark's, made as famous by
the pigeons as by the Doge'a palace, or
the famous church, which Is one of rarest
beauty. The people, however, have made
the fatal error of building a new cam
panile to replace the one which fell a few
years ago, and needless to say that it
spoils the entire outlook, as it stands
squarely and uncompromisingly In front
of the Doge's palace, and at. one side
from the church. The square is the com
mercial center as well as the stamping
ground for all who prefer the feeling of
terra flrma to the rocking of the waves.
Sunday evening a fine brass band plays
and the sides are lined with tables and
chairs, where all "evening one may sit
over a glass of seltzer. The particular
evening I wandered up one side and down
the other the programme opened with the
"Stars and Stripes," by Sousa, which
made me forgive Venice almost every
thing but its mosquitos.
The shops of Venice are as Individual
as any part of the city and I might say
they are notable principally for cheap,
tawdry things. No matter how clever
you are, you will get tricked; it is im
possible to avoid it. You may not find
it out until you get back to Paris and
find there what you supposed could only
be had in Venice, but since that Is one of
the pleasures it is only a matter af charg
ing it up to the amusement end of the
account. The shops are literally in the
open air. and many of them have their
"spielers" in regular Coney Island fash
Ion. By these mediums you are invited
to see the lace-makers, the mosaic work
ers, the glaasblowers and any number of
sccalled "special attractions." but unless
you fall victim with plenty of cash, their
manifestation of contempt is hard to meet,
and of course you can't buy everything.
For me the real interest of Venice was
found among the people, the common peo
ple, at that, who lve in the little alley
ways called streets and who are as pic
turesque as they are unromantic. Nothing
Is more Interesting than the market place
as gondola after gondola unloads its
.,..., melons nf neaches. or Iigs, or
grapes indeed no pen can describe the
picture and as everything must happen
me in Venice, my camera refused to act
Just at the critical moment. The lagoon
at this point is almost a solid bed of wat
ermelons and the unloading is alone
worth a page of description.
If we form our opinion of these people
thev likewise form theirs, and trusting to
the fact that one is an "Americana," they
take it for granted that they'may expresB
these opinions unreservedly which they
do, and if you are fortunate enough to
understand their Italian you may hear
some things about yourself that will be
new and perhaps startling. The most
serious thing they said about me was that
I had no business poking my nose around
the back alleys of Venice, which fact was
neither new nor astonishing.
There is nothing more charming than
Lido the seabeach a few miles out of Ven
ice. This is where the Adriatic rolls in.
In exquisite blue waves and as far as the
eye can see the line of blue is unbroken,
as one can hardly distinguish between the
sky and the sea. The peacefulness is in
describable and as I sat on the balcony of
one of the most modern and most superb
hotels of the world, it seemed really to be
another world and one where there was
no requirement except to dream. For
those coming to Venice In the Summer It
seems to me that the only way to enjoy
It Is to go to Lido and to take the boats
down the lagoon for the galleries and the
churches, which one does even when liv
ing in the city. One remains In the spirit
and one dodges the mosquitoes and the
amells. BMILIB FRANCES BAUER.
Thaw's Keeper Xot In Contempt.
SCRANTON, Pa., Oct. 3 Judge Arch
bold, in the United States Circuit Court
this afternoon, decided that Sheriff
Charles Lane, of Westchester County,
New York, was not In contempt in not
having delivered Harry K. Thaw Into the ,
keeping of a United States Marshal to
be taken to Pittsburg to answer in bank
ruptcy proceedings. The reason for tills
was that Thaw was now cited in habeas
corpus proceedings as to his sanity he
fore Justice Mills at White Plains, N.
Y., and was therefore in the jurisdiction
of the court and not properly within tha
custody of the Sheriff. After the habeas
corpus proceedings are over. Judge Arch
bold will take further action.
Imports Show Prospcrily.
NEW YORK, Oct 3. George Wana
maker, appraiserof . port, believes tha
records of his office mean that pros
perity has returned In the commercial
world. The merchandise handled in
the month Justnded amounted closely
in quantity and value to the imports
during the corresponding month of
1907 and 1906. The value of merchan
dise handled in September this year was
$59,166,034. In the corresponding month
of last year and the year before it was
respectively J62.755.377 and 160,799.985.
Diamonds and other precious stones
show a considerable increase over the
preceding month, and automobiles
brought in during September numbered
290, with an aggregate value of $687,
3S4, while in September, J907, they num
bered only 177 cars, valued at $656,194.
Want Mare Island Improved.
BAN FRANCISCO, Oct. 3. As a result
of the combined action of 14 commercial
bodies representing the interests about
San Francisco Bay, Secretary of the
Navy Metcalf will receive a communica
tion calling his attention to conditions
at Mare Island Navy-Yard, where the
channel is said to be in need of dredg
ing, and requesting that he embody in
his forthcoming report to the President a
recommendation for the appointment of
a commission which will pass upon the
advisability of establishing at Mare
Island a great naval bane for the Pa
cific. The bodies signing the appeal hope
by securing an adequate navy-yard to
prepare the way for the maintenance of
a strong fleet In the Pacific.
Ona pound of cork is ufflrlent to upport
a man of ordinary size in the wate