The morning Astorian., December 24, 1908, Image 1

33rd YEAR. NO. 802
ASTORIA, OREGON, THURSDAY, DECEMBER 24. 1SC3
PRICE FIVE CCT3
STANDARD OIL SUBSIDIARIES ARE
DRIVEN FROM MISSOURI
Decision Handed Down
by Supreme Court
EACH FINED $50,000
Order Dissolving Waters-Pierce
Company of StLouls Becomes
Effective January 15
SAMPLE; OF KADUY'S WORK
Suit Wm Instituted by Attorney
Caneral Hadley in 190S and 'Hti
Bmo Before Stat Supreme Court
, For Onr a Year.
JEFFERSON CITY, Dae. 23,-Tbe
Supreme Court handed down a decis
ion thlt morning ousting the Standard
Oil Company of Indiana and the Re
public Oil Company from the state,
forbidding them ever again to do bua
loess In Missouri and dissolving the
Wsters-rierct Oil Company of St.
Louis.
In addition, each of the companies
Is fined 150,000.
The order dissolving the Waters
Pierce Oil Company will become ef
fective January IS, unless the company
on or before that date furnishes the
court satisfactory evidence that it In
tends to operate as an Independent
concern.
The court finds that the company
conspired:
One To regulate and fix prices to
retail dealers.
Two To control and limit the trade
In the refined products of petroleum.
Three To control and limit and
prevent competition in the buying and
selling of these products.
Four To deceive and mislead the
public Into the belief that they were
separate and distinct corporations,
pursuing Independently their business
as legitimate competitors.
The suit to oust the three com
panies was Instituted by Attorney
Central Hadley In 1905 and the evi
dence taken by a special commission
er In St, Louis and In New York has
been before the State Supreme Court
for more than year.
The opinion was written by Judge
Woodson. AH seven judges concur,
and Judges Graves and Lamb wrote
separate concurring opinions.
Judge Lamb, concurring as to the
action against the Standard and Re
public Companies, adds that In his be
lief the Waters-Pierce Oil Company
should be fined $10,000,000 Instead of
$50,000. Judge Craves, in his opinion,
thinks the Waters-Pierce Company
should not be dissolved. He snld that
MANY PLEA FOR
LEADERS' RELEASE
President Receives Many
to Take Action for Release of Labor Leaders
WASHINGTON, Dec. 23.-Wheth-er
President Roosevelt will take any
action in the manner of sentence Im
posed by Justice Wright In sentencing
Gompers, Mitchell and Morrison to
Jail for contempt of court for violat
ing the injunction forbidding them to
place the Buck Stove & Range Corn
pony on the "Unfair list" has not been
the evidence showed that II. Clay
Pierce, who owns 40 per cent of the
capital stock of the company, did all
in his power to prevent It from going
into the trust, even losing his positioi
as president of the company on the
account
The opinion of Judge Woodson,
which was concurred in by the other
judges, states that the record shows
that the Standard Oil Company had
been guilty of unlawful means In the
formation of a trust to control the
output of oil and the prices at which
it is sold to dealers.
Individual Investments have been
blighted by the power of the trust and
small refiners and others have been
forced to enter the service of the com
pany as hewers of wood and drawers
of waters.
SENT BY HIS
IS RECOVERED
SAID TO BE PAST OF THE
LOOT OF THE O.R.4N,
TRAIN ROBBERY.
OTHER IMPORTANT EVIDENCE
Mask Is Found Which William Burke,
the Self Confessed Bandit Said he
Wort Police Positive They Have
Right Men.
PORTLAND, Dec 23. - Evidences
accumulating which leads to the be
lief that Sheriff Stevens' two candi
dates for indictment for the 0. R. &
N. train robbery last Thursday will
secure preference over the three put
forward by the police.
Today Sheriff Stevens recovered a
watch from the postoffice at Seattle
addressed to Mrs. Ida Heffron of that
place, which it is alleged was mailed
here by Hayes. Up to the present,
however, the watch has not been
Identified as part of the loot.
Other developments today were the
recovery of the mask which William
Burke, the self-confessed robber said
he wore and a bundle of clothes,
among which was a pair of old over
alls cut or torn up the legs. They were
found at the point where Burke de
clared he and the others had hidden
them.
Much to the surprise of the sheriff's
office, Hayes decided to talk. He de
nied complicity in the robbery. He
snld he lived formerly in Seattle,
where he had worked on different
steamers and along the waterfront.
He asserted he was a college gradu
ate, but his conversation would indi
cate that this statement may be taken
with a grain of salt. Hayes said he
was In prison In the middle west for
rfswllght burglary. While In Seattle
Telegrams Urging Him
decided, though telegrams from labor
organizations throughout the country
today urged him to do so, It was ex
plained that the president has not yet
read the decision therefore cannot say
if he will take any action. There is
an Intimation however that some ac
tion might be taken if the president
is convinced that the sentence is un
just.
he was a member, he says, of Chief
Tribe No. 25, I. O. R. M.j to Seattle
Longshoremen's Union and the old
Steamboatmen's Union. While work
ing for the Alaskan Pacific Company
his log number was 426. lie claims
his full name is Owen John' Hayes.
TRAINS COLLIDE.
Confusion of Signals Results in Five
Being Injured.
CHAFFEE, Mo,, Dec. 23.-A local
passenger train on the Chicago and
Eastern Illinois Railroad collided with
a freight train here last night and five
persons were injured. The injured
CLARK DEWING, back broken. .
J, S. SPRINGER, conductor, head
bruised.
SEWARD CARROLL, Caneyville,
Ky., leg broken.
C. E. SANDERS, Garwood, Mo.,
bruised.
CHARLES R. HARDIN, Edna, O,
burned, serious.
The accident Is believed to have
been due to a confusion of signals.
Chaffee Is 144 miles south of St.
Louis.
ELABORATE INAUGURAL.
WASHINGTON, Dec. 23. If mon
ey has anything to do with making an
inauguration a success, that of Presi
dent Wm. H. Taft on March 4th next
will be the greatest this country hst
ever seen.
Already Chairman Ailes of the fi
nance committee has In his possession
a guaranty fund of $75,000, which is
$12,000 larger than the total amount
received four years ago, and It is ex
pected that before the contributions
cease the Jund will be considerablv
larger than at present
The chief aource of revenue for the
return of this guarantee fund la the
inaugural ball which brought $46,000
four years ago, while the income from
the reviewing stands was about $20,-
000. It is expected that there will be
at least 200,000 visitors to Washing
ton at inauguration time, between 75,-
000 and 100,000 of whom wilt be eared
for outside of hotels.
H1Y PAYS VISIT TO
WHITE HOUSE
RECEIVES EFFUSIVE GREET
ING FROM PRESIDENT
ROOSEVELT
DISCUSSES LAND FRAUDS
Arrives at Washington on His Vaca
tion Says he Would Hesitate to
Discuss Fulton's Politick Since he is
Defeated.
WASHINGTON, Dec. 23. Francis
J. Heney, who arrived last evening,
called at the White House this morn
ing and received an effusive greeting
from President Roosevelt. Mr.
Heney says he it here for a vacation
and declines to discuss the possible
advocacy of John D, Speckels for a
cabinet position or the possible change
in secret service control. As to the
Oregon land fraud cases he says that,
while he personally perhaps, would
not again take them up, all indict
ments would be pushed to a finality.
"That statute of limitation will serve
to save several Oregon land fraud
people who should have been punish
ed," he said. "It had already stepped
in and interfered in some cases when
I first went to Oregon. It is to be re
gretted, but some of the accused can
now never be reached by law."
Asked about his part in defeating
Senator Fulton, he said:
"Now that Senator Fulton has been
defeated, 'I would hesitate to discuss
his connection with Oregon politics,
but it is a fact that I did everything
in the world I could to defeat him."
COURT HSU
IS PROTESTED
W. D. . Ryan Wires His
Opinon to President
,' . .
FOR JAILING LEADERS
Conviction of Gompers, Mitchell
and Morrison Causes Big
Sensation ,
FINAL VICTORY J0H BUCKS
Judge Wright's Decision Was a
Scathing Denunciation of the De
fendants and Their Methods of Con
trolling Labor Rights.
INDIANAPOLIS. Dec 23. The!
decision aentencina GomDers. Mitche!!
and Morrison to prison, caused a big
sensation among labor unionists..
W. D. Ryan sent the following tele
gram to Roosevelt;
As an official Teoresentative at the
United Mine Workers of America. I
emphatically protest against the court
decision sending Gompers, Mitchell,
and Morrison to jail."
WASHINGTON. Dec. 23.-The fa-
mous contempt case of the Buck
Stove & Range Comoany asrainst
Presdient Gompers, Vice-President
Mitchell and Secretary Morrison, of
the American Federation of Labor,
was decided today by Justice Wright,
of the Supreme Court of the District
of Columbia, adversely to the Federa
tion of Labor. Gompers was sent
enced to 12 months' imprisonment
Mitchell was sentenced to nine months
and Morrison to six months. The case
grew out of the alleged boycott of the
company's products and the putting
of that company on the unfair list and
the Federation's alleged violation of
Judge Gould's recent mandamus,
which attracted wide attention.
The Buck Company's prosecution of
the officials of the Federation began
in August, 1907. The original action
was a test case, wherein it was
sought to enjoin the labor unions from
using the "unfair" and "we don't pa
tronize" lists in their fight against
firms and individuals.
Justice Gould, of the supreme court
of the District of Columbia, issued an
injunction, which later was made per
manent, forbidding the publication of
the company's name in these lists.
President Gompers, in an editorial in
the Federationists of January last,
made known his intention not to obey
the court's order, contendin that the
injunction issued was in derogation of
the rights of labor and an abuse of
the injunctive power of the courts.
Gompers, Mitchell and Morrison sub
sequently were cited for contempt and
this phase of the case has been before
the court for many months, the pro
ceedings taking the form of a hearing
of testimony before an examiner and
many arguments.
Pending an appeal to the United
States Court of Appeals, of the Dis
trict of Columbia, all three defend
ants were released on bail, the
amounts being fixed as follows:
Gompers $5000, Mitchell $4000, and
Morrison $3000. A local surety com
pany furnished the bonds.
Each of the defendants before sen
tence was pronounced upon them,
were trsked if they had anything to
say.
Judge Wright's decision was
scathing denunciation of the defend
ants. He recited the conditions ante
ceding the injunction and referred to
the fact that for 25 years the Buck
plant had operated as a 10-hour shop
and always had maintained an "open
shop." He also spoke of the numeri
cal strength of the American Federa
tion okLabor, with its 2,000,000 mem
bers, and of its repeated indorsement
of the boycott of tfie Buck Stove fit
Range Company, through the Ameri
can Federationist, the Federation's
official organ; speeches by the de
fendants, letters, circulars, etc.
The court referred to the use of the
"We Don't Patronize" list and "un
fair" list of the labor organizations,
and said that members of labor unions
were forced and coerced into sup
porting it, "whether individually will
ing or unwilling, approving or disap
proving," by various methods. The
cour tread extracts from numbers of
resolutions of labor, organizations
bearing on the Buck case, as tending
to show the methods of , influencing
members of unions, "and these me
thods" the court remarked, "seem to
be known as persuasion.'"
FIRE DOES BIG DAMAGE.
LITTLE ROCK. Ark., Dec. 23.
Fire early today destroyed the build
ing of the Board of Trade, causing a
total loss of approximately $100,000,
of which the Board of Trade sustain
ed about $50,000. On the second and
third floors of the building were many
cotton buying office. The loss for
all of these is total. The cause of the
fire is unknown.
HAS HOPES FOR GOMPERS.
Duncan Thinks President WM Use
.Influence to Pardon Gompers.
BOSTON, Dec 23. In speaking of
the sentencing of labor officials at
Washington, First Vice-President
Duncan of the American Federation
said he believed the pardoning power
of the president could be used right
away In causing a release of Gompers.
BRYAN GETS DECISION. ?
PHILADELPHIA, Dec. 23.-W. J.
Bryan was much interested in today's
labor contempt decision, but refused
to discuss it until after he had read
the decision.
HQTHER SHOOTS CHILD
i PLAYFULNESS
UNAWARE THAT WEAPON WAS
LOADED, PULLS TRIGGER
AT CHILD'S REQUEST.
WHILE TRIMMING XMAS TREE
Little Pearl Locke of Chicago Picks
up Old Revolver and Says, "Shoot
Me Mamma" Bullet Penetrates
Her Heart
CHICAGO, Dec 23-While helping
her mother to decorate a Christmas
tree tonight Pearl Locke, aged three,
picked up an old revolver and said
to her mother Mrs. Earl Locke:
"Shoot me, mamma." Mother un
aware that the revolver was loaded
pulled the trigger and shot flie child
through the heart, killing her instant
ly. The revolver .had been in the
house for six months and one cham
ber was loaded.
HOLD-UP MAN ARRESTED.
Officers Positive That Ed Smith is
Great Northern Bandit
ST. PAUL, Dec. 23.George T.
Frankhauser. alias Ed Smith, has
been arrested at Moorehead, Minn,
The officers are positive he is the man
who, with a companion who gave the
name 6f Charles McDonald, robbed
the Great Northern train near Bondo,
Mont., September 12, 1907, and secur
ed nearly $50,000. The men arrested
were taken to Helena, where they
broke Jail March last. Fourteen thou
sand of the alleged plunder was re
covered shortly after the robbery.
IRE SEIISJT1I SP
THE IIIIOIS TRIAL
BURGLAR ESCAPES.
SAN FRANCISCO, Dec. 23. -Although
surprised at his work by the
master of the house which he was
robbing, a bold daylight burglar got
away yesterday with a valuable lot
of silverware from the residence of
David Cuneo, a wealthy resident of
this city. When the burglar was sur
prised by the unexpected return of
the owner of the house he was busily
engaged filling a pillow case with sil-
rverware and other valuables. The
thief fled through the rear door with
his loot and in spite of a hot pur
suit by the neighbors of Cuneo, who
responded to his calls for help, he got
away. Among the plunder were sev
eral valuable Christmas gifts. .
HE VERY COOL
nnorfi nop
UUisliiU I ML
NO EXCITEMENT AT ALL
WHEN HERALD SQUARE .
THEATRE IS ABLAZE.
mmm can ee repaired
Interior of Great Auditorium and the
Stage Waa Not Reached by Flames
Miss Julia Marlow Most Cancel
Her Engagement
NEW YORK, Dec. 23.-Soon after
midnight when the fire in the Herald
Square Theatre had been extinguished
an inspection of the building revealed
the fact that the interior of the audi
torium and the stage had not been
reached by the flames. The firemen
cut holes in the roof and through
these openings considerable water
rushed into the building but other
wise the theatre proper waa not dam
aged. It is estimated that the build
ing can be put in shape again in less
than a month, but as Miss Julia Mar
lowe was to have opened there on
January 11 it will be necessary to re
fund the money for tickets purchased
in the advance sale. .
As members of the audience look
back on their thrilling experience the
marvel that no one was injured in
creases.
Murray M. Stewart of Savannah,
Ga., who is visiting here and who with
his wife, occupied front seats at the
Herald Square last night, said that he
was amazed at the coolness displayed
by the audience. He said the people
marched out as orderly and with as
much celerity as a company of trained
soldiers. .
U, Si AND VENEZUELA
RESUME FRIENDSHIP
William I. Buchanan Leaves on the Cruiser I'crth
Carolina to Visit That Country
WASHINGTON, Dec 23 After
eight months the United States has
resumed friendly relations with Vene
zuela and William I. Buchanan has
left on the cruiser North Carolina to
visit that country and make a report
to the state department .This will
decide wjiether the United States will
nccnrit a formal repopnition to the
j government. It is not established
that Gomez's government will retain
Prosecution Brings Gut
Letters by Hains
VALUABLE EVIDEHCE
Letters Introduced Claini Thit
Mains Called Annis a
Scoundrel
RIPLEY ON WITNESS ST,.:D
Letter Saya Mclntrye Pavea a Way
to Show That Events in Captain
Hajna Life Brought Enatrangement
With Hia Wife. -
FLUSHING, N. Y, Dec 23.-Dur
ing the close of its case against
Thornton J. Hains, as a participant m
the killing of Annis, who was shot
down by Captain Peter C Hains last
summer, the prosecution , today
brought out a letter written by the
defendant in which he characterized
Annis as a "Scoundrel" and accused
him of betraying his brother's wife;
District Attorney Darrn offered this
letter in evidence preliminary to the
testimony of Julian Ripley concerning
a second letter from the defendant,
which the witnesses had destroyed.
Justice Crain would not permit Ripley
to testify concerning his recollection
of the contents of this second letter.
"The introduction the letter," said
Mclntrye, "Paves a way for us to
show what the events in Capt. Hains
life with respect to Claudia Hainj
that brought about estrangement,
with his wife and the shooting of
Annis."
Policeman Eugene Fallon testified
that Thornton Hains during the coro
ner's inquest declared to him of Annis
"I would go down to hell and get hitn
and kill him over again."
PRESIDENTS MESSAGE.
WASHINGTON, Dec. 23. Indica
tions are that persons who expect
President Roosevelt to say nothing of
a personal nature in his message to
Congress replying to inquiry as to
a basis of that portion of his message
dealing with secret service, will be
disappointed. It is expected that he
will confine- himself principally to an
effort to sustain a declaration in his
annual message that the action of
Congress limiting the activities of the
secret service agents had resulted in
increased crime.
its power without trouble, as there
are many adherents of Castro in the
country. Indeed a possibility that
disorder may arise is indicated in the
request for an American warship be
sent to La Guayra, to which this gov
ernment promptly responded. Gen
eral opinion Is that the new order of
affairs will open' a way for a j
settlement of Venezuela's (', r ce
ment with this country, Hoi: i mi
France.