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About The morning Astorian. (Astoria, Or.) 1899-1930 | View Entire Issue (March 15, 1904)
VOL. LVIJ. ASTORIA, OREGON. TUESDAY, MARCH 15, 1901. NO. 130. GOVERNMENT GAINS THE DECISION Supreme Court Hands Down the Opinion That Northern Se curities Company Is, II Itgal Concern. Justice Harlan Delivers Opinion and Is Supported by Pour Associates. . THE OTHER JUSTICES DISSENT Court Koom In Crowded With Kpwtator lo Hear Pinal Do clnloii, and No HurprUe ' ImMIiowii at KcMiilt. Washington, March U In tho i;nlt. J State supreme court today an c-pln- Ion waa delivered In tb merger cwe of the Northern. flecurltlc Company n, the United State, In favor of the (r"V erument's contention that tha merger wa Illegal, The opinion of the cnrt wa handed down by Jutlr Hat-Ian, and It upheld tha decree of tha tlrcclt court for the district of Mhinewu In very particular. Four Juatlc dl. Minted from five. constituting majority.- The division In the court itn due to a difference of opinion na I', the rlKht of federal control f nlm.j .or foratlona, the majority of opinion pro. coding on the theory that niiKwte haa the right under the owvitlfuttoii to control Interstate commerce, no mat ter by whom conducted, while the mln. orlty, or dissenting opinion, wua based n the thry In the prnent .. The ' ln'rtat traffic. "'' had been a very clone shave for the government, but that one of the mem ber of the court who rait hid vote with the majority entertained opinion of hie own, which fact rendered the decision all the more marked and In teresting, Thla waa Justice Brewer, who, while he concurred In the decl aim announced In tha Independent opinion, hie view waa that tho prevl oua anti-trust decision had been more weeping than waa Justified, Four of the nine Justice dlmnnted outright. These were Chief Justice Fuller and Justice White, : Peekham and Hulrnea. The opinion of Justice llurlan and White were long, while those of Juatlce flrewer and Holme were comparatively brief, ; The fact wa noted by several person that ar gument In the caae wa begun tecem ber 14, Jut three month previous to the derlflkm. For no Important a case thl In considered very brief Interim between the argument and ihe deci sion. The caw dlded today wa brought by the United State against the Northern Hecoritle Company, the Great Northern Railroad , Company, James J. Hill and William P. Cloub, D, Willi Jame. John B. Kennedy. J. Plerpont Morgan, Robert Bacon. Geo, F. linker and Innlcl Lamont, cltljn of New York. It general object wa to enforce, as against the defendants, the provision of the statute of July 2, ISM, com monly known as the anti-trust act and entitled an "act to protect trade and commerce against unlawful restraint and monopolies" RUSSIANS BLOCK ENTRANCE AT PORT ARTHUR BY SINKING STEAMERS Four Vessels Placed in Proper Positions and Sent to the Bottom, Leaving Only Small Channel Avail able to Get Out. Unconfirmed Report Has It That Vice Admiral Makaroff Assumes Offensive by Placing Fleet on Outside, With Steam Up and Ready for Action-Orders Indicate That There Is an Abundance of Coal. 80UND LAW GOOD SENSE. Attorney General Knox Approve Very Much the Court' Decision. Washington, March 14. Attorney General, Knox, being askell concerning the merger decision, sold: "My view of the decision cannot be better expressed than In the language of one of the bent known railroad pres ident of the United State upon the Ofcftflon of the declaim In favor of the , 'He sold: The tiwlslon 1 sound When the member of th court fled i law, good ene and for the advance Into tha chamber they were met y an ; of all legal Interest and for the cun expectant crowd which filled every! try' welfare, and It voice the Judg et both on the Inside and outside of ! ment of probably nine-tenth of the the bur. feeted when, promptly on assembling, I country,'" Juntlct Harlan began the delivery of the opinion. The fact that he had been elected for a preparation of the docu ment, at once led most people to con clude that the derision would U hold the Sherman anti-trust and sustain the contention of the government. Very soon after Justice" Harlan had concluded hi presentation of the cure H became evident that the court had divided, and aa the other opinion were announced It developed there not tnly There waa no surprise muni- mot conservative lUNlnos men In tt Both Side Claim Credit. Washington, March 14.- La;lnlitl n for th District of Columbia and the poHtofflce appropriation bill occupied the attention of the houe to lay. Rural free delivery service received ln n.st attention, and credit for the estab'ioh ment of thla service waa ulalined l.y speaker of both partle and both side declared their friendship for It. It's Plain as Print London, March 14. The correspond ent of the Dully Mall, at New Chwang, ay that after the removal of the bat lletdilp Betvlxan, four Russian tea Ti er, the Harbin, the Hailar. the Mn- gunta and the Sungarl, were anchored at lite mouth of the entrance of Port Arthur In wooer doUIoh and unk. leaving only a email channel available, Vlce-Admlrol Makaroff having previ ously ordered the whle licet to rer nialn ouUlde with eteam up, economy In coal being unnecessary. Thla dlapatch, which I prominently displayed by tho Daily New, by which the correMpondent my la "on Ruaalun Information." I. if true, new of the first Importance, confirming the Idea that Vlce-Admlrol Makaroff will adopt the offensive., The story must, how ever, be viewed cautiously, the only approach to confirmation from any other quarter being In a dispatch from the correspondent of the Dally Tele graph at Ylnkow, which merely says: "Vlce-Admlral Makaroff ha Issued order to the effect that the saving of coaJ I unnceaaary, but thnt Wg pin 'ammunition trt tjic iri wu4 nut be wasted." ( The Dally Telegraph' Toklo corre spondent eeml an unconfirmed rumor to the eff jet that the Japanese marine have landed and occupied Dainy. It may be remarked that British newspaper all regard Vlce-Admlrll Togo' report that he has laid mine at Port Arthur, is mere bluff and they miv that such a feat would be lnv possible under fire. It la the subject of unceasing remark and conjecture that rothlng haa been -heard of the Vlodlvostock- squadron and it 1 beginning to be believed It Is really Inside the harbor at Vladlvo-tock. engTrteer and the fourth I a torpedo operator. Two of the captive were lightly wounded. They were all placed on board of a Japanese battleship and were given food and medicine. 8AIL0R SLAYS CAPTAIN. and Japanese Knock Down Russian Kick Him Overboard. j , Toklo, March 15. A steamer bearing j 10 wounded and the bodies of nine sea men who werftkllled In the battle off j Port Arthur on the 10th, haa reached j Sasebo. The survivor unite In prals- j ing the desperately heroic attack on the Ruselan and tell the story of per sonal encounter between a Japanese sailor and the captain of the Russian destroyer Steregutehl. ; ' . When the Japanese closed on the Russian a sailor sprang aboard the enemy vessel and met her command er emerging from the cabin. The sailor arid captain sprang at one another, but the seaman was the quicker of the two and felled the Russian by striking him on the head with a cutlass. The Rus sian enlenvcred to rise, but the pallor ovtTooaro. thinking that the burglar might go to Oregon City. At daybreak the officer visited the scene of the burglary, but the burglar had made good hi escape and left few clews of any value. He I described as a short, heavy man. weighing In the neighborhood of 160 pounds, and wearing a dark suit of clothes.!." . " ' The amount taken from the poetofflce Is small, there being only IS in peiy nies and some stamps missing. He also took several dollars' worth of trade checks, but It Is not probable that he will attempt to use these, as they would Inevitably lead to his identifica tion. : MORMONS ARE OPPOSED TO SMITH HAPLESS WOMAN BURNS. Atone and Crippled 8 he Is Consumed By the Flame, ' Oregon City, Ore., March 14. Terri ble was the suffering of MIks Roslne Smith, who was burned to death at the home of Gus Brady, about three miles south of this city, last night Helpless, the woman, who had been a cripple for years, slowly roasted to a crisp and her torture can never be inv agined. - , - Gus Brady and family, who are rela tives of the cripple, had left her alone during the evening while paying a visit to some neighbors, and in some manner she set fire to her clothing. Only by most miraculous circumstances did the flames fail to spread to the furniture and set fire to the entire structure. When found, the woolen wearing ap parel waa still smoldering and the body was a heap of black and charred flesh. The coroner was called and upon in vestigation he found that no one was to blame for the awful accident and so decided to hold no Inquest The unfortunate woman was well along in years. kicked hltn say there were 22 Russian destroyers. The Japanese dead on the two HAVE LITTLE TO 8AY. FALL INTO AMBUSCADE. Al AW v K HartScfulTncrl V Marx Hand Tailored Mat the jiluco to purchase , CLOTHING is ot Stekes; Benson,' bu pcrior gooclsand" lowest prices. . Remember our Dunlap Hats Finest 'on earth. Ad mm Japanese Los On Man in Small Land . Eneounter. St. Petersburg, March 144. General ZlUnsky telegraphs a follow under .yesterday' date: "On March 7 our patrol discovered four of the enemy poBt on Chong Chengang river and a troop of cavalry, acting as cout hear Patetchen, north west of Anju. A Japanese cavalry pa trol fell Into an ambuscade prepared by our "patrol and were dispersed, losing one man.- On the night of March 11 the enemy' ship explored Helena bay and the shore onDoslte with search lights." J. J. Hill and Morgan Are Mum Con cerning Decision New York. March 14. J. J. Hill de clined to discuss the merger decision, except to ay: - "There is nothing to be said at this time. The properties of the Northern Securities Company are still there. They are as good as gold as ever." When asked whether he would move for a rehearing. Hill said: . "No I don't think we care enough for a rehearing to ask for It" At the office of J. P. Morgan &Co. no expression regarding the decision could be had. FIRE PREVENTS RESCUE. Japanese Fail to Sav All th Wound ed Russian. Toklo, March 14. A supplementary report from Vlce-Admlral Togo, con cemlng the effort made by the crews of the Japanese torpedo boat destroy ra in APtlnn off Port Arthur on the 10th Inst, to rescue the crews of the disabled Russian torpedo boat destroy ers, reached here today. Captain Shojlro Asia, commanding the flotilla of torpedo boat destroyers, states that the Japanese would have been able to have rescued many more of the enemy, but for the deadly fire of the shore batteries and the close approach of the Russian cruiser Novlk. The report also explain that four men rescued were not part of the crew of the Stere guschtchl as originally reported. When the Japanese rescuers reached the Storeguschtchl only the dead re mained on board and it is believed that the living members of the crew Jumped overboard and perished in . the sea. Three of the rescued Russians were Decision Affect Stock Market New York, Morch 14. The long ex pected decision In the Northern Secur ities case caused a feverish and halt ing In the stock market today. Fluc tuations were constant and Irregular, and the tone of the business was much Increased. Action of the market seems to show there was no great specula tive account open on the decision. The announcement of the actual decision caused a sharp break, but prices sub sequently rallied to the highest of the duy, which was well above Saturday's level. " - LEVEE AT ST. JAMES. King' Edward Hold Second Function of Season. Court J w-'nn... March - lKUur, . reward held the second levee of the season in the throne room of St James' palace at noon :oday. Large crowds lined the streets through which the king drove In state. The diplomatic corps was strongly represented, Including Ambas sador Choate and other members of the United States ernbassy. The at tendance of cabinet ministers, naval and military officers, peer and mem bers of the house of commons waa also larger than usual. The Americans pre sented by Mr. Choate were Walter Neef, of Chicago, superintendent of European agencies of the Associated Press, and Herman Klnnlcutt and Louis C. Hay, of New York. Will Organize New Party for the Purpose of Undoing Power Vested in President OrXhurch. Angry Because of Testimony Submitted Before the Inves' ligation Committee. ANNOYED BY THE ADMISSIONS Ilexolutlon Drawn Up renoun cing' Head of Mormonhm , for Making Utterances ' Will Circulate Same. Salt Lake, March 14. Mormons who are Indignant at the testimony of Pres ident Joseph F. Smith and the admis sions made before the Emoot Investi gation committee, met here tonight with the avowed purpose of forming new party. A committee of 25 citizen was appointed to frame a plan for po litical action and a mass meeting will be held next week to ratify action and perfect organization. A protest against the statements of President Smith was unanimously adopted and was at ce signed by about 200 citizens. A protest will be at once forwarded to Chairman Burrows of the Investigation committee, and copies will be circulated for further signature in Utah and adjoining states. : Trying to Start Ice Gorge. . JCVUkesbarre, Fa., March 14. Efforts trf start the big ice gorge in the Sus- qv'-hanna riTr, above thus .it. ""j... made today by dynamiting. The rail road companies htpe hundreds of men at work clearing the railroad tracks and cutting raodwaya through the heavy tee, which in many place In 15 feet thick. Peculiar Freight Wreck. Kail spell, .Mont, March 14. One laborer was killed and IS injured in a freight 'wreck at Lucerne. The train had been divided at the base of a mountain,' and the first ' division, to which a laborers' car had been at tached, broke loose when the first sec tion was near the top and crashed into the section section. TAKES SHOT AT BURGLAR. Thief Gets Away With Cash in Spite of Shot Gun. V. ' . "" " Oswego, Ore., March 14. At an early hour Sunday morning the postofHce at Oswego was burglarized, but the burg lar came near being killed by the post master, who discovered him In the act of robbing the till. , , The postofflce is located In the store building occupied by Q. W. Prosser, who is also the postmaster. About S o'clock Mr. Prosser was awakened by a noise In the store. He armed himself with a shotgun and with a companion went to the building. When they en tered the door the burglar was en gaged In robbing the till. , The window through which he had entered was open and he made a dash for It. The post master fired two shots at the fleeing burglar, but without upparent effect. and he escaped into the darkness of the night. Sheriff John R. Shaver was prtrtnptly notified of the burglary and kept a close watch at the suspension bridge, The Bee Hive Invites the ladies to call and see a splendid line of New Lace Trimmings , Real Cluny Imitation Cluny Wood Fibre Antique Embroidered Persian Bands Chiffon Medallions v JEtc, etc., etc. Yom can buy them cheaper at The Bee Hive Easy Sheet Music lOc Per Copy While they last .Just the thing for begin ners and those learning. Easy, melodious and prog ressive. Only a limited number of copies. J. N. GRIFFIN