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About The morning Astorian. (Astoria, Or.) 1899-1930 | View Entire Issue (Jan. 4, 1907)
III I III M 11 I I I I II UBLISHIt FULL AtSOOIATIO PUBS IMPORT COVERS THK MORNINQ FIILD ON TH LOWER OOLUMBIAil PRICE FIVE CENTS VOLUMK LXI11 NO. 4 ASTORIA, OREGON. FRIDAY. JANUARY 4, 1907 DEMURRERS OVERRULED Standard Oil Must Face Charge Against It. TWO INDICTMENTS VOID All Others are Upheld by Judge Landis of the Chicago District Court. TRUST LOSES FIRST BATTLE Out of Ten Indictments Eight Are Upheld, the Other Two Being Nul lified by Technical Defects in Their Construction. CHICAGO, Jan. S.-Judge Landl" In the United Htatea District Court, to day overruled the demurrer of the HUndard Oil Company to right In dictment pending ngrilnst that cor poration, hut sustained the demurrer to two other Indictment! beeaus of tchnlcal error. "These production." said tho court, "am for aleged violation of '-ctlon one of the net approved February 19. 1903. known an th Klkln luw. The charge In Hint the defendant obtained th., transportation of lift property hy various railway companies at rate ire than those named In the curriers' published Mchcdule." Tho rourt then ruled iiijiiliiHt th,. defendant' conti-n-tlon that the Klkltm law was enacted really to prohibit the employment of Indirect methods to obtain preferential ra,t'. It being the defendant' conten tion thai It was not a violation of the law If a railway company, dealing di rectly with n chipper, gave that ship per a cut rate. The court alo ruled against the defendant' claim that the provision of th,- Elkln law requiring shlppei to adhere to n publlHlicd rate wa void, a being against that provision of the lnlertate commerce law which required carrier to iraiiNport proper ty for a reasonable rate, The court held that carrier and shippers were both required to adhere to the pub lished rate until uch rate wa pub licly changed In the manner provided hy law'. The court further ruled against tho defendant' contention that the In dictment were bad because the Inter Htato commerce law did not require rail way companies to publish rate be tween point beyond the carrlorH' own lino of road, holding that If n carrier, having made an arrangement with connecting line for the tranportatlon of property beyond It own lino, should thereupon publish rates for the trans portation of property between uch points, the carrier must therefore be hold n to the shipping public to have facilities for tho transportation of property to such points beyond It own line, and that tho requirement of tho law applied to such a coso with tho same force that It applied to a point on a carrier' own line. The court ruled against th defend ant's contention that the provision of tho Interstate commerce law requiring carrier to publish terminal chnrges was not operative upon consignees, holding that In respect to such ter minal charges, Inasmuch nH the con signor would have but little If any Interest In the question, the law plain ly waH Intended to bo binding on con signees. Terminal chnrges In question con sisted of large amounts of storage charge that had accrued on petroleum consigned to tho Standard Oil Com pany at Chicago, tivt ilie In dictment char' Ko Hhorn & Michigan yv , Hallway Company caiic 5 released to the Htandard Oil C'fc .pany, thu giving the Htandard oil Company a rebate In respect to the transportation of ll petroleum, MAKES BIO FILL. Southern Paeifio to Fill Twenty-seven Aoree of Tide Lands. MAN KIWNCIHCO, Jan. S.-The Houthern Pacific Company I planning provided It obtain the permission of the War Department, to widen It Oakland Mole by filling In Komcthlnif like 27 acre of tide land Immediately adjoining the outh side of the long fill. The company ha filed It appll cation wllh the War Department au thority and the Hoard of Engineer In charge of the local river and harbor work, consisting of Colonel lleuor. Major Mi Klnnlstry and Major Hart, will have public hearing on Tues day next, when nil person Interested In the proposed Southern Pacific Com pany project will be glvpn an oppor tunlty to be heard. HOR8E8 WIN THOUSANDS. NEW YORK. Jan. 3,-W. K. Van- derbllt eclipsed nil owner of race hore In the matter of money won during the enon of 190(1. Ills hore In Franci. won $225,000, which was 139,000 In exec of hla nearest com petltor, Herr Weinberg;, whose horses In Oermany won 118, 175. Lord Der by w.'i third with IISf.720 nnd James U. Keene fourth wllh $1M,1. TRAIN RAMS TRAIN In a Blinding Snow Storm Engine Crashes Into Rear Cars. ACTOR IS INSTANTLY KILLED Ernest Hastings, Who Had Been With the Baker Stock Company of Portland, Four Weeke, Meets Untimely End. OMAHA. Jan. 3. Tho Union Pa cific Overland Limited and tho Lob Angeles Limited trains No. 2 and No. X, both bound for thl city, collided last night at Krule Station, 70 miles west of North Platte. In n blinding snow storm. The Los Angeles train crashed Into the observation cur from the rear of the Overland Limited. There were HO passengers In the ob servation car, and otic, 10. W. Hastings, an actor, of New York, was Instantly killed. Mall Clerk Worley of this city, sustained a fractured skull, and a pas senger named Jennings was scalded. Ernest Hastings left the linker Stock company at Portland, Ore., last Satur day. Mrs. Hastings, who was accom panying her husband, escnped unin jured. PORTLAND, Jan. 3. K. W. Hast ings left the Baker Stock Company here, nH Its leading man, with the last performance o f'Trllby" Saturday evening. He departed for New York Sunday. The actor had been with the Itaker company four weeks, uppcaring In "Tho Social Highwayman," "The Merchant of Venice," "A Bachelor's Romance," and "Trilby." INQUEST POSTPONED. TOPKKA, Kan., Jan. 3 The Inquest to bo held over the bodies of the men killed In the Rock Island wreck at Volland was postponed today until Monday. Operator Lynes Is to bo the principal witness. OIHcluls of the company state the number of dead does not exceed 32. BRITISH COMPANIES REPUDIATE. LONDON, Jan. 3. All British insur ance companies have repudiated liabil ities arising from the earthquake at Valparaiso last year. FOLK IS FOR REFORMING Would Change Few Things In Mississippi. INCLUDING INSURANCE Favors Two Cent Fare on All the Railroad Lines in the State. ALSO NEW STATE PRIMARY LAW Would Make It Felony to Bet on Horse Races or Violats Anti-Trust Laws Would Suppress Buck et Shops. JEFFERSON CITY, Mo., Jan. 3. The forty-fourth biennial session of the legislature was organized by a Democratic majority today. J. M. Rip ley of Atkinson county was elected Speaker of the House, and Senator P. M. McDavId of Green county was elected President pro tern of the Sen ate, The message of Governor Folk wbji read. It was In part as-follow: Governor Folk In his message to the legislature recommended a number of change relating to the life Insurance companies, among other a standard policy for all life Insurance companies, prohibiting diserlmlnaion and rebat ng, regulating the election of direc tors and requiring non-resident com panies to keep at least 70 per cent of the premium received from Missouri policyholders Invested within the state. He also recommended the en actment of a law making It a crime for anyone for compensation to lobby with the members of the legislature. Tho railroad, he said, should be re quired to carry passengers within the state for two cents a mile. There should be a state primary law for the nomination of all elective offices, In cluding United States senators. The election of senators by the people, he said, has long been demanded, but It cannot be obtained until the federal constitution Is amended. Public opin ion will ultimately force this reform, but In the meantime the next best thing can be secured by having sen atorial candidates voted for at a state primary. He recommended a law making It a felony to register a bet upon a horse race, either on a blackboard or nny other substance, or to telephone a bet on a horse race to any other state or to telegraph or to use nny device to accomplish the registration of bets. He also recommended legislation to suppress "bucket shops," rigid child labor laws, prohibiting a concern or corporation from selling higher In one part of the state than In another, add ing a prison punishment for violation of the nntl-trust laws, and making the penalty for the violation of the maxi mum freight law apply to persons, cor porations nnd partnerships also a stat uto providing proper penalties for rail road corporations or the directors, em ployes or agents of nny railroad giving rebates on shipments within the state.; Every corporation, he said, should be required to furnish each stockhold er with a balance sheet of Its busi ness once a year. There should be an annual tax In the nature of a privilege tax of 1.15 of one per cent on the capital stock of all corporations, both domestic and foreign, doing busi ness In the state. The state should regulate the charges of public service corporations both domestic and for eign, doing business In the state. To determine the unreasonableness of rates there should be a power to Inquire. Into and determine the actual amount invested in such corporations and to tlx rate on a. reasonable ba l. The result of thl should be to eliminate fictitious value. It was the province of the general assembly, he said, to prevent one cor poration from owning stock In another and authorizing quo warranto proceed ing to be filed to dissolve any cor poration, a majority of the stock In which I acquired by a holding corn puny. Thl wa necessary, he urged, to prevent the creation of monopolies In trade and buineH In the state. He recommended the amendment of the antl-brlbery law o that witnesses could be forced to testify, but reliev ing them from prosecution b; reason of their testimony. The governor Invited consideration of the propriety and advisability of the adoption of a resolution making application to Congress to call a con vention for proposing amendments to the federal constitution, particularly with reference ft election of United State senators by the direct vote of the people, the establishment of the principles of the Initiative and refer endum and for a Just Income tax. TESTIMONY TAKEN. HAN ANTONIO, Texas, Jan. 3. Taking of testimony In the Mexican revolutionary extradition case was excluded yesterday andi the argu ments will begin today. Testimony of Assistant United States Attorney Cresson, Sheriff Cresson of Valvedere and the deputy collector of customs of Del Rio was excluded by Commis sioner Nelll. Engines Plunge Hundred Feet Down Canvon Side. ONE KILLED AND ONE MISSING Raina Undermine Fill of Trestle Which Gives Way Under Engines Pas sengers Are Uninjured Only Train Men Suffer Injury. PORTLAND, Jan. 3. A special to tho Oregonlnn from Comstock, Ore., says the northbound Portland express, a fast passenger train on the South ern raclflc railroad between San Francisco and Portland, was wrecked about 7 o'clock tonight, two miles north of that place. Engineer Wech land was killed and Fireman Long Is missing. The passengers were unin jured. The accident occurred on a re cently filled trestle, which had been undermined by the torrential rains of tho last few days. The train was drawn by two engines, the combined weight of which crushed the fill and threw them over the embankment, down which they plunged to the bot tom of the canyon 100 feet below. The mall cur was dragged around at right angles and turned over, but did not follow the engines. The smoker was derailed, but the rest of the train did not leave the track. The track has sunk behind the train, so It cannot be moved In either direction and is now perched on a shelf on the steep grade of the canyon. ROAD BUYS CONTROL. OAKLAND, Jan. 3. The sale of the controling Interest In the Union Na tional Bank of this city to the West ern Pacific System Is announced and of the 1,500 shares of the bank's cap ital stock 751 shares were purchased by the Western Pacific. The actual value of the stock was $2,200 per share. MODIFY JAPANESE TREATY. WASHINGTON, Jan. 3. Senator Gearln today gave notice that on Mon day he would call up his resolution that negotiations be entered Into with Japan for the modification of the ex isting treaty with that country. fRECK NEAR EUGENE SLAUGHTERS IN CHURCH Terrorist Shoots Perfect at Dedication. STRIKES FEAR IN CROWD Fires Last Shot in His Own Body and Falls Dying to the Floor. OFFICERS HACK AT DEAD BODY Young Working Man in Garb of Bet ter Class Walks up Behind Pre fect and Blows Out Official's Brains. ST. PETERSBURG, Jan. 3. The police have not succeeded In Identify ing the Terrorist who killed Major General Von Der Launltz, prefect of police of St Petersburg, this afternoon at the Institute of Experimental Med icine and who coolly turned the re volver upon himself while he was fall ing under the sabres of the prefect's escort. The authorship of this crime, however, like the assassination of Count Ignatieff and the unsuccessful attempt to blow up Premier Stolypln, has been traced to the fighting organ ization of the Social Revolutionists who recently resolved to resume full terroristic activities. The organiza tion tonight issued its customary pamphlet, avowing and justifying the killing of Von Der Launitz, which was accomplished with an ease and sim plicity that has struck terror into the hearts of all other officials on the rev olutionary death list. The man who committed the crime belonged to the working class. The police affirm he was a Jew. He was provided with a card of admission to the dedication of the church, but this card bore no name. The authorities have not been able to learn how he obtained the in vitation to the ceremonies, which were extremely select, only 150 cards hav ing been issued. The fact that Von Der Launitz was to attend the conse cration of the church was not gener ally known, and the Terrorists must have learned of the fact from police sources. The prefect was accompan ied by his usual bodyguard of secret service men, but not one of these had the slightest suspicion of the mur derer, although his toiled-stained hands were completely out of harmony with his faultless evening clothes. The fall of ,Von Der Launitz was followed by indescribable hysteria and confu sion. The Duke of Oldenburg, who was one of the few men who retained composure, seized the assassin's hand after he had fired twice and several succeeding shots were discharged Into the eealing. Before the duke could disarm him, one of the officers who accompanied the prefect, drew his sa bre and struck the assassin a powerful blow which completely cut out a por tion of his skull. As the man was falling he shot himself in the stomach with the last bullet in his revolver. His death was Instantaneous, but several officers continued to hack his pros trate body until the Duke of Olden burg struck up their swords and forced them to desist. Von Der Launitz was governor of Tambov during the terri ble repressions of the Agrarian disor ders in Tambov province In retribution for which Mile. Splrldonovo shot Chief of Police Luzhenoffskl. PREMIUM ON FRACTIONS. NEW YORK, Jan. 3. The securities commission of the stock exchange has been Informed by the Chicago, Mil waukee & St. Paul Railroad Company that It will pay each stockholder on record December 19, who was entitled to a subscription for a fractional share of the new stock, a premium over par of such fractional shares, Tho committee unanimously approved the action of the company. EDUCATE ENGINEER CREW3. By Series of Surprise Tests Crewa Are Kept Alert. CHICAGO, Jan. 3. The management of the Chicago & Northwestern Rail way has just completed a remarkable demonstration, showing what can be accomplished In the way of educa tion of englnemen to obey block sig nals. During the year 1906 the com pany made a series of "surprise testa" numbering 1,625 and the record shows that not a single failure to obey the signals and to observe the rulea gov erning block signaling. "Surprise tests" were made without previous knowledge of the engine crews and consist of every conceivable question which may arise in connec tion with block signals and their ob servance. AGED NEGRO SLAIN. ' SAN FRANCISCO, Jan. 3. Frank Smith, an aged negro cement work er, was found dead on the floor ot his cabin in Loeb's Square last night with a deep wound over his right eye. Harry Jones, another negro of the same camp, is held at the police sta tion on suspicion. Never Again Will He Be Candi date for any Public Oflice. TAKES DEFEAT RESIGNEDLY Declares That Patriotic Citizens Should Rather Be Glad That Work is Done, Than Critical as to the Doer. NEW TORK, Jan. i. William R. Hearst reiterated yesterday at a meet- v ing of the City Committee of the In dependence League, that he never will be again a candidate for office. Mr. Hearst said: "I myself am not and will not be again a candidate for any office, but I am as much interested as ever and even more interested than ever in the promotion of the principles of the In dependence League. It seems to me that we can all feel satisfaction upon which has been and is being accom plished. And It seems to me aa pa triotic citizens, we need not care par ticularly what individual puts the principle and reform into effect, as long ns they are actually accom plished for the benefit of. our fellow citizens. "I believe that the league will go forward to further and greater achievements, and I heartily offer you, my friends, my best services as a fel low worker to those ends." ENTRIES ARE CLOSED. NEW YORK, Jan. 3 Entry for the Suburban Handicap and other Import ant stakes for 1907, to be run at the Coney Island Jockey Club, Sheeps head Bay, next summer, closed at mid night last night. While no official list will be for several days available, the Indications are for a big entry list, and it will occasion no surprise If the record for the big event is reached or broken. The Suburban Handicap will be a guaranteed affair of $20,000, and the weights will be announced on January 31. FAMOUS ACTRESS ILL. GENOA, Jan. 3. Eleanor Duse, the well known actress, is seriously ill with pneumonia here. HEARS nVILLREEORN 4