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About The morning Astorian. (Astoria, Or.) 1899-1930 | View Entire Issue (Dec. 25, 1906)
JE8DAY, OICCMICR 28, 100t. THE MORNING ASTOMAN, ASTORIA, OREGON. PASSENGER Drop Seventy Flvi Feet Down i California Enbinkment CASUAUTIES ARE SLIGHT Spread Ralli Cum Train to Iraak In Three-Mlddl. laetlen PIIM with Peepl Oott Ovar High ' , -. "'. Bank. ' BAN J08B, Cat.. Ic. M.-Elghteer, r Injur!, vrl seriously, and a whole umlnload of Hire oor pn- gor wr vrel hakn up thl morning when two dsjr eoachaa and th baggage cue of th Boutbtrn Pa. elflo' passenger train bound from Oak land to Wright' trt th track on a eurvfl ntar Plrmlngham and plungd toventy-fiv fet down an einUnnk ment. That many wer not killed l duo to tha fact that th train had lowed down Mora It atruck tba eurva. It ia supposed that treadlng of th ralla caused th accident Tba angina and tha flrat combination car and tho mall and baggag oar bad pad safely around tha curve when tbt second car broke Ita coupling and plunged down Into tho river channel, followed by tha smoker and tha chair car, both of which wore filled with pas a mitre. Tba passenger coaches alld off th right of way vnty-flv feot below tha track. Many wore able to And their way out of tha wreck, crawl trig through broken wlndowa or along tha slanting celling to tha doore. The Injured wore removed In tha baggage oaia, which had remained on tha ralla, to Lo Oatoa. NIW AMBASSADOR PREPARES. Wlnde Up Publle Affair Before Com ing to Thl Country. DUBLIN, Dee,' KJame Bryce, who la to uceeed Sir Mortimer Durand aa flrltleh ambassador at Waahlngton, haa returned to th chief aecretary'e oltlr In the castle and I buy wind ing up public affair there preparatory to handing over th poet to hi uc cassor. It la understood that Mr. Ilryoe will lv for Waahlngton about th middle of February. There l an Increasing tendency In Dublin to regard Auguettne Ulrrell. the president or the Hoard of Educa tion, aa the most probable successor to Mr. lirye a chief sccretayr to Ireltuid. CHARGE ILL PLACED. Caie Again! Standard Oil Company Should b Before Common Pleafr KINDLAY, (., Dec. 24.-Jude Dun can of the Common Flea Court, today decided Hint the Informal Ion filed In the Probate Court agnlnut the Stand tird Oil Company on the chnrg of violating the Valentine anti-trust law waa Illegal and that the enne should have been filed In the Commnn Floes .'illiillff(Tltgfc. 5 V. V4 LSI jf f' PERFECTION OH Heater (Equipped wltb Smokeless Device.) it an mtiament to the home. It it made in two finlihee nickel and Japan. Htm oil fount beautifully cmboncd. Hold 4 quart of oil and burnt 9 hours, Every heater warranted. Do not be satisfied with anything but a PERFECTION Oil Heater. If you cannot get Heater or information from your dealer writ to neareit agency lor descriptive circular. i all-round household use. Give a dear, steady light Fitted with latest Improved burner. Hade of bras throughout and nickel plated. Every lamp warranted. Suitable for library, dining room or parlor. If not at your dealer's write to neareit agency. STANDARD OIL COMPANY. Court, Judge Duncan uphold the contention of th standard Oil attor ney that th Probate Court boa no jurladlctlon In th mttrj that If titer ahould b a violation of th law the prosecutor ahould hav proceeded against the company through Indict ment. Th verdict returned In th Probat Court against th Standard, namely guilty of violating th antl-truet lawe, I therefor annulled, but today' d clalon In no way affecta th indict ment returned In Common Pleaa Court by that rand Jury against John IX nockefeller and th other officiate of th Standard OH Company, chart Ing them with violating th antl-truat law. -'. I ' . ' -I " '. FiOHT ON ROOP. LOH ANGELE8, Dec. U-At am early hour yesterday morning a po liceman and a burglar fought citing duel with revolver on th roof of the building adjoining a lodging houe at 421 Real Third Btreet. The place haa been entered several time of tnte, preeumably by th am per ann, and Policeman Humphrle wa detailed to watch for the burglar. Shortly before daylight h detected a man on the roof to which he Immedi ately ascended. The policeman' de' mand for surrender waa anewered by a ahot. Humphrey returned the fire and th two, dodging between chim ney and akyllghta, they ran, croeaed eyeral building before they emptied their revolvers, The fugitlv finally plunged through a guua ekylllght and mail hi capa, FIOHT ELECTRICIANS UNION. BAN FRANCISCO, Dec M-A lock out which will Involve nearly S00 workmen and tie up building opera tion t threatened. Representative from seventy contracting electric) firm met today and ao informed the electrical employee. Th object of the organisation 1 to fight th demand for a minimum wag era! of ft a day which the member of th Independent Hrotherhood of Electrical worker will try to put Into effect after January 1. Th resolution calling for the demand of ft a day waa adopted on December It by th Electrical Worker. FOR STARVING CHINESE. WASHINGTON, D. C, Deo. H. L. Klopach, editor of the Christian Her aid, wa th first to subscribe fund for the relief of .the atarvlng Chinese, In response to the President' message. Mr. Bacon, the assistant secretary of state, and a member of th execu tive council of , the American Red Cro.s, received $8,000 from Mr. Ktopsch. to be expended In China by tho Rud Crons. ' , COAL WAS CONFISCATED. OMAHA. Dec. 14. J. E. Woodward A Co., coal dealer, operating a mine at DM, Vyn thl morning brought suit for 120,000 against the Hurling' ton Railway Company for coal alleged to have been confiscated recently and secured from the Federal court a tem porary Injunction airalnst further con fiscation by that company. Tha Morning Astorlan 60. per Mo. Delivered by Carrlr, There need not t a cold room in the bouse If you own ft PERFECTION Oil Heater. Thl It an oil heater tfut rivet satisfaction wherever turd. Product! intern .. beat without tmot or imtll becauM it it (quipped with tmokelm device no trouble 00 dinger. Eatiiy carried sruunJ frost rocra to room. Yoo) cannot turn th wick too high or too low. At easy and simple to car for at ft lamp. Th WW OF RECIPROCAL DEMURRAGE TEXT OF ATTORNEY. MUIR'S OPIN ION ON THE CONSTITUTIONAL ITY OF THE PROPOSEO LEGIS LATION CLOSELY REASONED. Th following I th opinion sub mitted by Mr, W. T. Mulr, of Portland, Attorney for th Oregon and Wash ington Lumber Manufacturer Asso ciation, regarding th proposed Recip rocal Demurrage Legislation. "Oregon and 'Waahlngton Lumber Manufacturers' 'Association, Oen . tlemen: '. " ' ' 1 ' "I hav been able to consider the queitlon of th power of th Stat of Oregon to enact legislation providing for reciprocal demurrage charge ap plying to railway and shipper, uf Aclently to state, that, in my judgment thl may be don without violating the lntertat commerce claus of the Federal Constitution. The Supreme Court of the United State In Hous ton A Texas C. Railroad Company ve il aye declared certain soctlone of the Texas railway law fixing a reciprocal demurrage charg void because the law a framed wa an invalid exercise of tha nolle power of th stsJe, three of th Justice dissenting from th majority opinion. Th Texaa statute provided for a charge of IIS per car a day for each day delay In furnish ing or unloading cars; the charg to begin to run from a time s peel (led, and permitted of no excuse for fail ure to furniith car ordered except In casea of "strike and other public ca lamities." Th limited reasons speci fied aa valid excuse for th omission to furnish car ordered caued the Su preme Court to declare the law on these point Invalid. .t "In the course of it decision the court admit th right of th tatea to male reasonable rule with regard to th method of carrying on Interstate business not in conflict wltb regula tion upon the same subject enacted by Congress, end provided, also, that uch rule (hall be consistent 'with the general requirement thot Inter state com mere shall be free and un obstructed,' and provided that such rule shell not amount to 'a regulation of such commerce.' Th court de clined to define the limit of this pow er of regulation and in so doing used thes words: "'The exact limit of lawful legisla tion upon thl subject cannot, in the natur of things, be defined. It can only be Illustrated from decided cases, by applying the prlnclplca there enunciated, determining from these whether In the particular case the rule be reasonable or otherwise.' "Th Supreme Court of the United States, In Chicago, M. & S. P. Ry. Co. vs. Minnesota, JO Sup. Ct. Rep., pp. 403. 70S, while declaring invalid the law of Minnesota authorising the railroad and warehouse commission to compel common carriers to change the rate In fore and adopt such changes a the commission "shall declare to be equal and reasonable,' without pro viding for any hearing before the commission, announced with aome dis sent, that tho Legislature may con stitutionally confer upon a commission the right to regulate, and in effect to make transportation rates. This be ing so, I can see no reason why the power may not be conferred to a 'com mission to fix and suspend demurrage charges. Considering these decisions, I can eefno reason why an effective recip rocal demurrage law cannot ' be en acted. And I suggest that any one of the following, methods may be adopted: "First Ily establishing a fixed sum prescribed In the statute limited In amount and enforcable under such conditions as will not amount to a regulation of- Interstate commerce, or. be an unreasonable exercise of the po lice power. ' " "Second By prescribing the. mini mum and maximum amount of the de murrnge charge, giving the commis sion power to Buspend in certain In stances either at tho discretion of the commission or for certain defined rea sons and for periods of. time, covering an emergency, and power from time to time to fix the rate at 'any in termediate figure between the maxi mum and minimum limits. MThlrd-03y conferring upon the commission the power in their die cretion to fix the demurrage charge and suspond It In appropriate in stances, ." "The question of the method of en forcing the charge or collecting the amount due any person or common carrier I am not now clear on. Con oennlng this I will be glad to state my views later. "WILLIAM T. MUIR." SERVICES AT ST. MARY'S. A. Von La Heches Beautiful Ml Pre Pe Thl Morning. At 10:10 thl morning an elaborate and lmpresslv mas will be held at Bt Mary church in thl city. The choir of fifteen picked voice under the personal direction of Mrs. Minnie Brook, wilt render Lev Hatches' great mas in a fitting manner. Among th solos that will be given ar th fol lowing: ?, Adewt Fidelia, by Ml Anna Mik kelson; Holy Night, by Ml Grace Reynolds; Et In Caroatu Est, by Miss Alice Wood; Et In Splritum, by Oeo. W. Larner; and the Agnus Del, by Frank Camahan. ' ' ' Th member of the choir are: So prano, Misses Alice Woods, Grace Reynold, Anna Mlkkelson, Anna Mc Gee and Mrs, Austin Osborne: con tralto, Misses " Kat Blnnott, Alice O'Connor, and Louis Carnahan; ten ors, Messrs. Will Johnson, Otto Mlk kelson and Joseph Moore; basses, Geo. W, Larner, Frank Carnahan, Er nest Strunx and James Vernon.' Mr. Minnie Brook I director and organ, tot- -,' '.-- ; 't 'V- There will be service at I o'clock at St. Mary's Hospital. At I there will be children's mas with children' choir at Bt, Mary's church. At 10:10 o'clock Reverend Father Dlelman will open the service announced above. ROB POSTOFFICE. Thieves Secure Three Hundred and Fifty Dollar at 8t John'. PORTLAND, Dec 14. Burglars en tered the St John' Postofftce Is the McChesney building last night and tooted the strong box and cash drawer. The thieves secured 1200 in money and about 1150 in stamp and mod their escape without arousing th roomer on the floor above, the marshal or night watchman who were walking their beats In th vicinity. The theft wa not discovered until Postmaster Valentin opened the office this morning and new of the robbery did not gain general circulation un til this morning. The police of Port land and the postofftce Inspector here heard of the burglary before the own er of th building, who wa sleeping In the room over the office, knew of the robbery. The Bt John' police, aaslsted by the sheriff's office will endeavor to trail the offender, but nothing wa left behind by the burglar to serve a a clew, and the police of the town can't even make a guess. No suspicious 'char' acters had been noted on the streets of bite. That the work wo that of ex perts, who had closely watched the of' flee and knew the entire situation, is considered evident by the officer who have Investigated. The "Job" is termed a "mighty clean and clever one" by the town police. The office furniture waa left by the thieves, but nothing else of value. SENTENCED TO DEATH. Four High Russian Naval Offioers Con' dmnd for Surrendering Ships. ST. PETERSBURG, Dec. 24. The court martial which ho been trying Rear Admiral Nebogatolt and seven ty-elght officers of his squadron for surrendering to, the Jnpanese In the Battle of the Sea of Japan, handed down decisions tonight. " Nebogatoft, Commander Llchlno, Rear Admiral Greforleft and Lieutenant Smirnoff were sentenced to death, but In view of the extenuating circumstances and the long and otherwise blameless ca reers of these officers, the court peti tions the Emperor to commute the sentences to ten years' , imprisonment. Four other officers are sentenced to short terms, while the remainder of the seventy-eight are acquitted. ' STRIKE SHUTS GATEWAY. , NEW ORLEANS, Dec 24. New Or leans, the gateway for transcontinental freight to western points, was almost completely closed today by the South ern Pacific strike. Despite the tie-up, local SoytWn Paclfla officials , an nounced themselves uncertain whether the strike would prove serious. It was, said that passenger trains are moving as usual, though ' it may be soma days before the company knows what It can do about moving freight. RUSSIANS FEAR RETRIBUTION. i ST., PETERSBURG, Dec. 24. The funeral of Count Ignntieff, killed Dec. 22 at TVver, will take place tomorrow. The murder of the Count -has caused consternation among a number of ex officlala of the Von Plehve and Slpla gune regimes, who have retired from the field of active administration.' They fear that their past records will expose them to the same danger of belated retribution. - The New York Credit Company wishes its many customers a Merry Christmas and a Happy New Year. J, Q. A. BOWLBY, PiMidtnt fRANK PATTON, CatUer. a L PETERSON, Vice-President J. W. GABXER, Assistant Cashier. Astoria Savings Bank Capital Paid to HOODOO. Surplus sod Undivided Prodi V&fXB. Transact a General Banking BmUmm, Utereit Paid on Time Deposits se Toi Ktrawt. THE GEM C. F. WISE, Prop. Choice Wine, Liquors Merchant Luck From ' and Cigar 11:30 a. m. t 1:30 p jn. Hot Lunch at all Bran , s Cents Corner Eleventh and Commercial ASTORIA First National Bank of Astoria, Ore (.ESTABLISHED 1880. Capital The MORNJNG ASTORJAN ' 60 'CTS. PER MONTH ii I vmmm j.fy..,y it,,, ..... ti.,,!..-:'!;;: "..iWi'ia-ifig!!! .; EftsraBiAj. AYcgetaUcPrcparationfor As similating UicToodatulHcgula Bug u&s iomadis andBowels of EromotesT5ucsflon,ChEcrftil oessandRcstContains neither S)ium,'Morphind nor Mineral. ot Narcotic. Jmmm Smi' MxJmnm ' .2.11. f.fc. fOtrnM (fmAi Jar. fciHf n Awrfect Remedy forConstipa- Hon.SourStomach.DiarrhDca, Wormsonvulsions.fcvcrisR oes5 andLoss or Sleep. Tm Simile Signature of NEW "YORK. EXACT COPVOT VHAPPEB. 1 A STOMA, OREGON OKEGOS $100,000 Tor Infants and Children. The Kind You Have Always Bought Bears the , t, Signature J,y of lit id Dso For Over Thirty Years 11 lily TH. StHTMIR MHMMV, HtW TO 91 II WTY, (?s n irh w ffil