The Oregon daily journal., December 22, 1902, Page 1, Image 1

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POllTLAKD, OMGON. ?IO:: AvEVENTNb,f ; i DECEMBER ; 22. l.' v
'PniOBMTVB I CENTS; j
CIRCUIT? GQURI JUDGES
- v-'i'RAiO
D AGAMsi ; ;. 'JK ' OF PORTLAND COMMISSION
"'1 ."'A'V-$
r T
TB2
BodyilsUphldinVthfAdlade
to Robert
fdJ the
) " J . t ..
Many Labor - Leaders AVefe ; Present This MornmgVWhen
wthe Decision of
, - Be .Within the rBoundaries of lPort of; Portland.
Tfi oorl Had hfti tk vnaf f pwr U tb Vort f VoHUa4 mctIm ritli' ttr pww t MtobUah
OPMt tk drrdook wUttrti ft to few atUd to h tatorMrta of th lty. " ' .
. Tha mm futliav fiada ttaas labor wltnia ttt Oltr t rorttaad to oaaidAMblr aurmar taaa la Tanooarar,
floaa aot Bad taat tha aoatraotor, okrt wakaaald. aiada ala MA oa tala ooalltlon. - " - - -
; Taa ooart Had that taa Kafiatatu aiada Itaalf lw tta sola taat Portland labor lntaraata ahaaldbajw-
taotad aftaa tha aomplatloa of tha arydoek, aa H apaetsM that au rapaur wara aaau ua aoaa ay rmaw wn.
. - aoatt ftada that mat am taaa 3040 at aka-4oWaaaa?B
Sarlala aomblaad. T ". rrr.-TTTF-V. ' V-- ' ' i i : v' .'""-"'"i 'I -'
Tha court aada tha tha ait bad hot rat baaa aalaetad fa ib aatabUahmaat of tha dry dock, aad tha aoatraotor
baa powac to build poatooaa aaywaara oa taa wuiaaiatta Blvar, towlaf. aama to alta rot to ba aalaotad by tha Tort
of VortlaaA Oommlaaloa. --'t m-r', "- t ' .',,'."; ; ,
V Tha eonrt flada tha abarraa of fra ad tha lattiar of tha obatraot to ba utraa,
.....
Tha caao ofW.al Robertaon and Oeorra
. M. Orton varaua tha Port of Portland
Coramlaaton waa dlamlaaad la the State
Circuit Court this morning-, Judfa Qeorg
ad Judffa Fraalar bavtnaT found in favor
of tha' drfendanta. "
At tha opnlng- of oourt thl roomlns
Judge aeorre atated that a declalon had
bii raaohed m tba Mlabrated oaae, in
which the pltlntUta aouarht to en)ota the
Port of I'orthuid tjonunlsalon and-Robert
Wakafleld. contractor, from, conatruotingr
pontoona. for tha Port of Portland dry
dock outafda of b city: limit r:' : j.
Judge George then, .went on at' Jenrth
x.tm ,u- vj .,
great palna and much time on tha part
f himaolf and : Judara Fraaler, the- two
r,,Jba.lnca.tbaaa,,iw
. volumlnoua argument and docuroenta In
the cae,.'aald tha court, had been sona
aver thoroughly, and every acintltla of
evidence 1ad received, careful and. thor
ough wiwtdaiUojk-MwW.. ui',xy r
Judge George ' gave . only th aauent
" featurW or tba Caws, and of tha deoteton.
verbally from the bench. a hie written
declalon, ill- WhloW Judge Frailer coin
cide, covered 14 typewritten pagea. There
' war many preaent .In the court room, to
' hear th decision, aa it bad been'glvzn'
eut that ;onet would, - be rendered this
morninir.: Quito a number of labor lead-,
ere and a 'number of "other interested in
the oaa were preaent. Rapt attention
era glveit.th court a he went over tha
legal pheae of the cae.
The i-a waa on in which the laboring
Jntereeta of Portland were Intensely In
terested. It was practically a test of or
ganlzed labor against tn Port of Port
land Commslop. and had caused a large
amount of Interest to ba aroused not only
here, but tn other cities. . The, chief point
of contention from the standpoint of the
union was) that the Contractor. Robert
Wakefield, and tha Port of Portland Com
missioners were discriminating: against
Portland labor, owlnc to the fact that the
contractor had begun the construction
of one of the pontoon at Vancouver.
That being; outside the city limits, Van-J
couver labor could, and wa. used in. the
eonstractlon of the pontoon, and the la
bor mtereeta of rhleclty, Jt .was claimed
ROOSEVELT WILL
President Wifl mi'WmMiA
Allies-Germany
U tf A8HINOTOK, Dec. J J. It 1
authoritatively announced this after-
nnnn that r President Roosevelt haa de
elded to act aa arbitrator in' tha Vene-JL-
uela affair if th allied powers insist
. upon referring the dispute to him. In-
aamuch aa tha power have already an
nounced their objections to referring th
matter to th Hague tribunal, it seem
crUln that Roomtven will b the arblf
. trator. ' : ' - " -
. President Castro ha -already ex
pressed bis wlllingn to accede to
ueh an arrangemmt and all that re
main 1 to settle the preliminaries and
- tb condition - that
aribtratton. It Is " assumed that this
will mean th early raising' of tha block
ade which began today. ; -
' Bloekad Oonunaaoad. ' - '
, Washington, dc . Ambas
sador Tower informed the state depart
ment thla morning that - official an
nouncement of th bloekad or Venecu
lan p6rt bad been Issued by Germany.
-Th bloekad became fTectlv today;; '
' Ambassador Meyer cabled from Rome
that Italy had announced this morning
that aha would participate in th naval
: bloekad and warships will ba sent for.
ward at once. .,. - . ' 1
.. . Oermaay4 BeslgB Suspected.
' . WA8HINQTON, D. O., Dee. C The
ruaplcloua ntertalnd her that Ger
WaMidd; of the Contract
Drydddc-tommission;
i i. T-T-r " ; T-
the Court i Was Rendered Site Must
wero-belbi" Injured. Ti Consequently, ult
waa brouKht to enjoin the contractor and
the Ppr of ; Portland from odnatructinr
tha pontoons- there. : x
POWBR jUf:BTIOKBD. 1
Further contention of ; tha- plaint Iff a
were that ' the eomroljwlcm nor the con
tractor. hd-.oJt the power to conetruot
thefMntoons outaldo of the city limits.
Fraud was also alleged ip the letting- of
tha contract- the alteration being' that
the oomptlMonerii gave the contractor
undu adVantHg vr ' other bldler,- -loaithf
Wnrt2:iX jpose than they i.d
reaai wjinmij w uu, nnu "'"a
drydock fixture, owttig- te tha cbeapneaa
of labor in that town
Imimnnll irH heard lh the castt-SOTne
'.ffmeriqri'nil'l'iFOturi took the matter
under advisement. ..
In the decision rendered thto-morning-,
Judge George devote himself to yie pow
ers granted tn Port of Portland . Com
miion by the. legislature, stating that
th grj:t)nr of th power to erect and
etWUh lb drydoq Carrie with ft the
powerv'to,Bit.lh.aaashervr th
commission sees (It. but th establishment
of th drydock must heed be within
the limit of the Port of Portland.,
REVIEWS THE ISSUE,
The court goe on to state that If the
contractor ha not the power to choose
his own place for the erection of the dry
dock fixture, 'then he has not the power
to contract with any firm- outside of the
city to furnish machinery or other ma'
terials for th dock. - But the court finds
that nearly all of the machinery for the
construction of the' drydock is to be fur
nished by Eastern firms. No objection,
say the court, was entered to this mode
of procedure, yet the Interest of the city
mar, be said to be affected thereby. Just
as in th case, of the question of labor.
VANCOUVEB fiETS Wf.00O.N
Taking up th" question of labor, the
court devotes considerable space to a
statement of tb findings. . Labor in
Portland la found to b somewhat higher
than labor In Vancouver.! However, the
cpurt. state tna.t there I jao, foundation
for tn boiler that the old or tn derena-
ant In the suit wa baaed on cheap Van- j
couver labor.- Indeed, the court, state -
BE ARBITRATOR
ns
icion.
many's real object In the recent opera
tions of, bar fleet off the Island of Mar
garita I to paa Uw way. for tne selsur
of' a. coaling station for her navy, are
strengthened c by sth circumstance that
thla 1 not tb first time that there haa
been strong evldenc of auoh designs.
Although tb subject' never reached the
tag of official diplomatic correspondence
between, th United States and Germany,
It was currently reported in May, mi,
that Germany waa looking with envious
eye on the port of Juan Griego on th
north coast of th -Island-of Margarita.
- Thla report was hasej nn the rrtl'w of
the uerman cruiser Vlneta, which spent
more than ten day cruising .along the
northern coaat jot Margarita, making
sounding, surveys and maps of the har
bor of Juan Grieg during the spring of
that 'year. . It waa also ascertained that
several wealthy German -capitalist had
acquired larger -tracts of land surround
ing, the harbor of Juan Griego prior to
tb rime th Vlneta made her sounding
and aurrey. '' ' .
At this time the metSon Of Germany was
looked upon with-' suspicion by th public
press of the country, and while her action
wa not such a to justify any direct In
quiry on the part -of (hi, government. It
was-tot until about the middle, of May
last year that these report were effect
ually silenced by official assurances given
tb United State' by Germany that th
Jafter bad no Intention or datlr - to es
t'-
that from the evidence at band, tt Was
found that not more than 130,009 xut of
the-entire $400,000 which was set aside
for the erection of the drydock wHl b
pended In Vancouver.- . "' " '
in tnis connection me coun ocj
Caslon to remark that If the Legislature--
desired to shut out any but Portland
labor. It should have so stated, thus mak
ing the matter clear .and plain. ', But
nothing -waaaatt In that regard by , th
Legislature, thus leaving the question an
open one. The only thine the Legislature,
did i make' clear was" that" wbe'n the &rv
dock was completed all repairs made
Xhe-boutdbe
- contractors.-' - . -rv -
-TECHNICAL MATTER.
the court, hinged upon :th' definition of
th word "erect." Th court decided that
It was discretionary with the contractor
and the commission, and that they were
empowered to erect to pontoons for the
drydock wherever they pleased. Th
court cite -this Illustration: If thelaw
autharised'-Uie Conrmon Council to con
tract a duptlcaWof h Skidmore Foun
tain in one of the park wvpubUf aquare-.
a sculptor irom luuy wouju ye enuueu
to the contract as much a any other con
tractor. , .
The court find that the site for th
permanent establishment, of the drydock,
when completed, haa not yet been located,
and that It must be located within th
limits of the Port of Portland. , "
CHARGES OF FRAUD. -' ',
Regarding the charge of fraud In th
letting of the contract, tha court' found
that-there were no ground for euch alle
gation, and remarked that such Allega
tions against a man or, a commission of
men was a. very serious , matter. There
were none of'the other bidders who had
complained of fraud, and the court there.
fore took It that they felt that ther had
been no fraud practiced in th matter.
The celebrated case was ' botly ' con
tested tnraugnom, and ha been the ub
Ject of much Interest in labor circle -all
over the Coast, as well Ha 'Jn:-Portlands
piaintins, Williams, Wood & Linthksum
for the. Port of Portland Commission, ajnd
He -aHbar' 'rnif'rhffMraVtnV' -' - .
tablish a. coaling station at Juan Griego,
or any other point on tKB Island "of Mar
earlta. or on Venesuelan soli. , .
The harbor of Juan Griego is one of the
besi on the coast, as It Is deep and al
most completely land-looked, L ad ' com
mands the eastern entrance- to the Pan
ama. Canal. .. . J'i .-.'.(, ".- V
The pearl beds off the coast of Marga
rita yield pearls to the value of eoo.
000 annually.
Tb right of th United State to make
Inquiry as to the movement of foreign
nations In the Caribbean ws practically
established at the time It " wa reported
that Germanywas endeavoring, to kcum I
ma jjwiu&mi r eni naies,.. aitnougn an
knew th United States was In treaty
with Denmark for the . property. .Th
German government xplalrid. filly at
that time that she had no d4gn on. the
IVinish West Indies.-' It Is certain that
the United States will demand to - know
the purpose oiQmvt ytsitattoa ty.ths
Island of -Margarita.'- . , ,
THINKS CASTRO l CRAZY.
CHICAGO, Dec. Z?.-It 1 the belief of
Miguel Alma Pletro Gonsaleg, a Venea
ueian now In Chicago, that President
Castro of Venezuela is lnsan. -
"Clprlano Castro is Insane,"' declared
Ben or Gonzales positively. ; "He- Imag
ines he can defy th who! world.. Hi
success is-overthrowing tha previous reg
ime In his country, and his later excesses
have turned his head. He aspires to b
th Diaa of all South America. He i
known to have talked about forming 'th
republics of th continent, into a great
federation with Venesuela at tha head.
T heard before I left Caracas that
Castro had annound to aome:of hi
Intimates that h was the reincarnation
of Caesar and PhUlp IV and Alexander."
BLIND SIRGmG EVANGELIStj
William V. Baker and wife, the' blind
inglng evngellta, will . be at th Volun-'
teers of America Hall, M North Becond
street, thi evening, at which time Rev.
r. Toung will deliver an tddrees.-"' ' -- ,
On Tuesday evenln; at I o'clock Rv.
M. M. Pledso will preach. On Tbursday"
services wiU ba held at bath t o'clock
and I p. m.. and on Friday night Mia
Hall of Iowa will speak, while en Satur
day night th ladies of tbe-Bunnytrid W.
C T. U.'Will aonduct tn Servlcs-
' " . 'Jt - - ' - : , ':' :
SBsaiii in
-' . i - f - '-.t :
lARCONITRIUMPHS;
, I ' 4 ' i ' - 1 - ;
CA30T f 'rr-TrZS. J
- ? A h: -vv.:.
urn-.,' mm w jmv
I "l !' - :! . . wVe,-. ; Will
b i -v: -'f 3"V. . -;t WV
n -i. 1 .- -n, ' , . , , '
: j f:. l r- ,.., m ,VkJiiMrTW.',eJgf
': '"' ,-4-', .r-T bs?
i,u -
r -Y.y-''-i's-'S
The -triumph of Marconi, after long months of anxious waiting, has at last
been achieved, for yesterday a message from Lord M I nto.t governor-general of
Canada, to the king of Great Britain- waa flashed acrosa the' Atlantic without a
flaw. Th above cut shows the signal station at Cap Breton, N. 8.. from where
the message was flashed to Poldhu, Cornwall, and gives a glimpse of the man
Who ia now regarded as th world's greatest Inventor seated among his apparatus
a th tower which has been the. scene of his triumph.
The successful termination of his efforts means that the day of the ex
pensive And cumbersome method of telegraphic communication is done. '
lmillm,
E XPERT TESTIMONY.
A, dozen pretty wimen got together In a
mess.
While passing expert judgment on the
fitting of a dreaa.
There were expert sewing artists and
those who cut and fit.
nr-eiiii miMM wuq cnic
and pose and grlU
The Justice on the platform where the
law is all laid down
Looked'upon this motley gathering with
' a ripe Judicial frown.
"Now -adies." slV h gently,--?do-you
- think that If thl. iik -Were
gathered up a trlfl It would suit
; all of your ilk?
Then ladles came together with a thun-
der of big .words.,
And the haughty bailiff muttereu what
sounded like "they're birds."
It was chatter, chatter, chatter, with no
-oause between for breath.
And the Justice on tne platform turned
' first red. then pal as death.
"Just you pardon me a. moment," said
v.ie Justice, growing warm,
"If you come to a conclusion It - would
surely do no harm. .
"In the meantime let me tell you that
the day is growing short.
"And I'm not the sort of gentleman who
cares for ladles' sport. ,
"So m hand you down Judgment and -m,
- will read It Just Ilk thi
uvu m wv. ,,- j invui Vila
, .. , J . . H.aL.A .
UUUkU ircvv-, iimno n mill,
"Tor the dressing of a woman could a
Tor opinions alway differ when the
woman take a part.'-" , V -
TWWSKVUWXVVNX - 1 H l ffiM ffl M L i l
T
. iiiil;WREiil
-Three Lives
the Carelessness of the Ehgir ; :
' neer and Brakeman.
Railroad Horror at
-Signal in
BAN FRANCISCO. Dec fl.-8ouUierra
raclflo officials ar busily ngaged today
In Investigating th circumstances of th
terrible train wreck -Saturday evening
near Byron. Cal., which resulted in tb
death of 23 passengers, while 26 other
were injured, many of them ao severely
that they cannot recover. ) Report filed
by the trainmen with Manager Aaler to
day indicate that responsibility for th
wrecic lien betwn Engineer McGuire
and the brakeman who flagged the Stock
ton flyer, aad It ia believed that both
nv-n were equally guilty. '
When "tti collision w:curfeT"ttieOwi
trahT-wWWlntllng:or' OM'''tMla'vtracl(;'.
and; tbe.Stockton flyr wbich -wixs -fori -Iwtoig-brt
wh7ii;tttawbemifa;""
iv. . a uremtmuui una oeen
back from the Owl to signal the
kton train, butfh warning was re-
too lat. to apply-the brakes and
of th road intimate ' that th
brakeman must havebeen too,-alow in
walking back to a safe distance. , Ex
perts say that the-Stoekton train warf
traveling, at .bout'W miles acvhourjl and?,
uw nave oeen. storpea unaer a dis
tance of a quarter of a mile. r a ban a.
mllo. The brakeman certainly had not
gone back half a . mile. . .
The engineer of th Owl doe not wholly
escape criticism.; for some say that ha
should have gone on to . Byron before
stopping, aa he could ther have side
tracked In safety. H knew that th
Stockton train wa only ten minute be
hind him.
ENGINEER'S DEFENSE.
The only defense made by McGuire, th
engineer of rh Stockton flyer,- ia that he
W ..."
Sacrificed Through
-' '
Byron Cal., Was
Time -
did not receive th warning In time. Thl '
la verified by William Moor, a . grain 1
merchant, who' was in th vicinity on '
business, and who witnessed th wreck.
He says that h had a clear view of tb
track and saw the brakeman awing bit
lantern. At that moment, according to
Moor, the distance between th two '
trains was only that between two tele-'
graph poles. r- 5 -
Southern Pacific offietals ay that v
if it be true that th signal waa not'
given in time. McGuire should still have "
seen the light on the rear platform of '
the Owl -and- the -should - havhav"'
been sufficient warning. McGuire sayf
that he saw these light onjy.a, aeconAi
Jefprft. ibi'brakenntil Iwung bis lantern.
stow Collision Oeetmd,
""The'" Owl train. which"waa behind tlmal
owing to a leak In tha - boiler - of the
engine, had stopped a short distance
from Byron and th engineer wag inak
lng an effort to scbanaj anglnea-with
a. freight train on tb naxt track. Con
siderable r time wa lost in trying , to . :
"effect the transfer, and finally Conductor
WiUlam .Dolan of the Owl decided to 1
end a brakeman' back t Hag th Stock-, '
ton flyer, which was following on the."
same track. .' -. i ; ,
Eltber-the precaution was taken ton '
late or the brakeman waa too slow, for '
though the latter went back to carry-oat '
his orders, it wa only a moment before
the Stockton train appeared, traveling at
hlg speed, and crashed Into the rear of v
the Owl. The last car waa completely -telescoped,
the trucks of the car being' -F
forced forward under th dinar. Th , -scene
that ensued was awful.. Men. wo
men and children were shrieking in
agony. Their criea wer heartbreaking,
A quickly as possible th surviving
passengers and th train men organised
for the rescue of the victims of the
wreck. Both trains wer In total dark
ness, but bonfires wer lighted and th
task of extricating th dead and, Injured
was quickly under way. i
Men were seen sticking from tb win
dows of the telescoped car, their limb
caught in the mass of wreckage. Many
were horribly scalded.- 80 utterly had
-tn-cBSr "been- rr5eetf -"th ""Bones- -t tb
passengers escaped with aright Injuries. ..
all- being either killed outri ht. or, yrr '
seriously hurt. Both the engineer and .-,
tb fireman of -the Stockton train es .
caped with their lives, though both,
were severely injured.' . -
Ten passengers wer killed outright
and thirteen other succumbed to their'
injuries, Th list of the identified dead
1 as follows: ' - v- Jy"'"ri
ELIZABETH 1 SMITH;- FisnfCaL,v
aged 38. . ,
ROBERT RENWICK. San Francloo. -
CLARENCE D. OLUFS, Fresno, agwd
12.
LEN IRWIN. Oakland. '
MISS BIRDIE ELLIOTT, San Fran '
Cisco, aged. It. ' . :
W. U TEMPLE. Oakland.
MABEL VKZEY, Modesto, CaL aged
19. '" ' " -.:: v'5
RICHARD POST. Fowler, CaL, a medi
cal Student. .fit
GEORGE SESSIONS, Oakland, ' Cat, .
aged SO. ' - '
MIMI MAGOWA, a Japan girl,
MISS MTERS. Fresno. ... '
D.-J.-VERNOM, "Prwa--c"'- - --D.-J.
VKRNO. -JR.,--Frno.
CHARLES OWENS, Fresno, Cal, ag4
56. "
CARL MATER. 1 year old.
TUNG TIA GONG, Chines girl, of Baa
Francisco. 1 .
In addition there are sever ' other
-dasA-lncluding two- Chinese, a Japan.s
woman and a Japanese child. . - -
' "- Th Znjnrad.- :' " - '''"''
A revised list of the Injured lncludetT
Lawrence Hunter., of .Eugene, Or.,
burns' on-bead-arid' 'fae. """ " ' ' "
Edward Joyce, fireman Stockton train, V
scalded. ,
& & Crltes, Bakersfield. scalded. ' r
Three Chinese women, badly scalded.
George 'Washington. Owl cook. : leg ' -broken.
. .
Ed Slaughter, second cook.: head an
eg cut. . - . ' - ;
Charle Harris, third cook, leg an ..
head injured. ' '
E. Towlea, fourth cook." head cut, let .,
smashed. v .
. A. A. Sanderson, waiter,-head cut. ...
C C. Alexander, waiter, knee broken
Miss Mary Baird, Fresno, hand cut.
E. Emily Mayer, San Francisco, '
J. . F. CarroU, , Sutsun, acaltled and
bruised. -
Carl Keller and wife, Florence. Cal.
scalded. - V-.f-'r-.-' - ,-.-.'.. ..v.
Richard Post Fowler, Cal., scalded. :
T, F.-Eastman, Paris, M- fatally In -jured.'
: - t
E. Lee." of Louisville, Ky bums on
head amtfaoe. :'.
George Moka, Japanese, Ban Francisco,
head cut. -"n' - y -. .
, Lou Len. Cblnesa, San-., Francisco,
cabled.' . - H
V