" .:.;V-'.-.-v. :-V': ',..."''- ' ' : - .. . ' '. .
G
OOD EVENING.
The Circulation of The
Journal Saturday Was
14,875
BttfTO
'. She WNttWI ,
Tonight and Tuesday, occasional
rain: brisk to high; winds,- mostly
southerly.
VOL. III. . NO. 3.
PORTLAND, . OEEGON, 3IONDAY EVENING, MARCH' 14. 1904.
PRICE FIVE CENTS.
NOW 17,669
RUSSIANS
HELPLESS
0
BO
The Japanese Could
Easily Jiave Captured
Vladivostok.
AMMUNITION TOO LARGE
Czar's Commission Appointed to In
vestigate Condition of the Jewish '
People Submits Its Rcc
ommendations.
(Journal Special BerTle.),
Moscow, March 14. It Is teamed from
an authoritative source that the reason
why the Russian forts at Vladivostok
did not reply to the bombardment of
, the Japanese fleet on the 6th inst was
that the ammunition supplied from St.
Petersburg was too lame to fit the
runs. In the first reports of the ac
tion It was stated that the forU held
their fire, waiting for the Japanese to
approach within closer range, hut It now
appears that the Russians were abso
lutely helpless, and that had the Jap
anese vessels approached within a more
effective range they could have cap
tured the town.
BUSSXAVS RAVB A BAT.
St. Petersburg Seems Hot Worried Over
Late Results of War.
Journal Special Service.)
St. Petersburg, March 14. It Is of
ficially announced that the situation at
Port Arthur remains unchanged and the
reports that the place has been evac
uated by the Russians, are pronounced
without any foundation. It U stated
that beyond the losses In the torpedo
boat engagement last Thursday.-, morn
ing, the Russians hare suffered no se
rins losses, and that the defense of Port
Arthur has been entirely successful. A
dispatch from Port Arthur, received--via
Tien Tsln confirms the official announce
ment that the reports of evacuation are
untrue.'
This morning's papers speak In com
mendatory terms of President Roose
velt's proclamation enjoining " upon
American citizens a strict observance of
neutrality. The hostility to America
which was so marked a few weeks ago
is .. disappearing, and the tone of the
press is in general much more friendly.
ADKZSAX TOOO REPORTS.
Detail of Thursday's Bombardment of
Port Arthur Are Recounted.
(Journal Special Service.)
Toklo, March 14. Admiral Togo, in a
supplementary report upon ' the bom
bardment of PbrC Arthur last Thurs
day morning, and the subsequent naval
engagement, says that the Japanese
would have been able to rescue many
more of the crew of the Russian tor
pedo boat Stereguschtschl, which was
disabled and foundered, but for the
deadly fire of the shore batteries and
the close approach of the cruiser Novlk.
When the Japanese reached the sinking
topedo boat, only the dead bodies of
Russians, were found aboard.-It is be
lieved that the remainder of the crew
jumped overboard, fearing to fall into
the hands of the enemy. ,
s - - .
KXLUED AR9 WOXTWDSD.
Russians Xose Kinety Seamen and
lorty-Nine" Taken prisoners..
(Journal Special Service.)
St. Petersburg, March 14. The Rus
sian losses in the engagement off Port
Arthur last Thursday morning are now
reported to have been SO seamen killed
and 49 taken prisoners. This was the
torpedo-boat fight . in which the Jap
anese fleet under Admiral Togo de
stroyed the Russian torpedo-boat Stere
guschtschl, after bombarding Port Ar
thur. The' Stereguschtschl was so bad
ly damaged that she sank shortly after
being captured by the enemy. Most of
the crew were killed and the survivors
were taken prisoners. -
TRB JBWXSK QTTESTTOJr. y
Restrictions Placed on Semite Popula-
'.;'-- tioa of Russia.
(Journal Special Service.)
St. Petersburg, March 14. The com
mission appointed by the czar to investi
gate the condition of the Russian Jews
, and to make recommendations for the
disposition of the Semite population of
the empire will make the following sug
gestion: "It is inadvisable-1 to extend
the limits of Jewish rights and also to
allow Jews in Poland to own land but
they will be allowed to rent land in
strictly limited quarters and not more
than an acre to eaoh Jew, High schools
will be established in Warsaw -, and
Odessa, but the teaching staffs will be
entirely Christian. ' t
RSTOX.T nr russia. , v.;
uprising la Caucasus and Governor
Plees Sot Protection.
(Journal Special Service.)
Berlin, March 14.--The Voorwarts re
ports an open revolt against Russian
authority in the town of Caucasus, and
that the mob was led by revolutionary
Socialists but 'was repulsed by the police
but the governor was fqreed to seek pro
, taction. In the military fortifications. Six
"of the ringleaders .were subsequently
hanged. , r ,
r
J..JJ- V ' . . , ... -
T AFT CUT
Abrogates Sulu Annuities.
Ends Polygamy and
Beats Bill.
(Washington Burma t The Journal.)
Washington, D. C, March 14. The
treaty between the United States and
the eultan of Sulu, whereby that offi
cial and the dattoe , under him enjoyed
certain annuities from the United States
government and were allowed to con
tinue the practice of polygamy, has
been abrogated, according to a cable
gram sent by the war department : to
day. Secretary of War Taft gave explicit
directions to this effect to Governor
Wright of the Philippines! and gives as
reason for such action the Yailure of the
sultan and his dattos to discharge the
duties and fulfill the conditions imposed
in the treaty. No comment Is made on
the recent investigations which have
tosn In progress in the department
"Officials say. the action was made speed
ier by-the recent and troublesome dis
turbances that have taken place on Jolo
Island, where the natives under the
sultan have been constantly encroach
ing on the privileges accorded them.
In view of possible discontent, and
that local authority may be fully em
powered to cope with the situation, ( the
Philippine commission has been' di
rected to pass suitable legislation cov
ering emergencies. It is expected that
the affected territory will thus be put
under similar-laws to those governing
other provinces wherein trouble was at
first had when civil authority assumed
control. .. .. ' '
In congressional circles seme com
ment was made when the announcement
of Taft's action became public, as , the
special bill which has been under con
sideration for some weeks has thereby
been completely forestalled..
SUPREME COURT
RENDERS DECISION
- ,n,.t
, ( .' .;7 '
(8peclal Piapatch to The Journal.) '
Salem. Or., March 14. The supreme
court this afternoon decided two appeal
cases, i In the case of the state against
Charles Houghtbn, convicted in .Port
land of simple ' assault and sentenced
to six months in Jail at hard laborthe
court holds that the sentence was not
according to law. The case was re
versed and the defendant .resentenced
to-jail without hard labor. , Jugge Wol
verton wrote the opinion. i
In the case of Maud Marie String
ham against the Mutual Life Insurance
company of New fork, for $1,000 on
the life of her husband, the court re
versed the Judgment given the plaintiff
in the lower court, holding that the de
fendant's last Illness before the pre
mium warn actually paid and policy is
sued made the Insurance void. Judge
Wolverton also decided, this case.
. CHICAGO STORK ROT7RD.
(Journal Special Service.) -,
Chicago, March 14.-One of the heav
iest snowstorms of the entire' winter
season enveloped this city today. Traf
flo of all kinds has been greatly ' im
peded, and' Immense 1 gangs of laborers
are clearing, the business sections,
mm
r
w i If
4 y sz.
, y w
- " - (
JAPANESE OPERATING SUBMERGED
SUPREME COURT KNOCKS OUT
THE
Decides Great Merger to Be in yiolation of Anti-Trust Act Declares
Holding: Corporation to Be Restraint of Trade and Illegal Says
No Scheme Could Be More Monopolizing.
(Special Dii patch to The JotunaL)
. Washington, March 14. The supreme
court of the United States 'today ren
dered a decision in the famous North
ern Securities case, which upholds the
government's contention. The merger
la" mphatlcally declared to be in vlo
latlonorthe Sherman an tl-trust act, and
the opinion is a' sweeping ' one, which
will have . great effect ' on the future
formation of trusts or prohibitive cor
porations. . . v-
The decision was given in a vote of
5 to 4, Justices Holmes, Peckham, White
and Fuller dissenting. Justice Harlan
read the opinion, giving the following
pertinent points:
- "In our opinion," says Harlan, "the
evidence fully sustains the charge that
the defendants were properly accused of
monopolising or attempting to monopo
lize trade between states. The North
ern Securities company was organised
as a holding corporation or custodian
of more than nine-tenths of the stock of
the Northern Pacific railway and three
quarters ' of the stock of the Oreat
Northern railway. - Both lines were held
as if by one ownership.- The - holding
company dominated the roads for the
exclusive benefit of the stockholders.
."It became one great powerful -corporation,
so : that .' competition between
the. constituent companies might close.
Profit were to be distributed on a basis
of stock held by the Northern, Securities
cqmpany. The combination 'is . one in
the shape of a trust.'' No scheme or de
vice could be more thoroughly a combi
nation' in the form of a trust in the re
straint of trade."- v-
"We deem it sufficient to say," con
tinued Harlan, "that every , contract or
combination, or . conspiracy " which op
erates in restraint - of trade is unlaw
ful, whether it be unreasonable or rea
sonable restraints ' There is no distinc
tion. -. The. law forbids such a combina
tion, even among private manufactur
ers or dealers. Congress clearly; has
power to establish rules governing com
merce, between states and with foreign
countries. . Free competition as a rule
Fine Features for The Sundajr Journal
t On next Sunday morning the first issue of The Sunday Journal will appear.
f Few newspaper , events in the . history of Portland have excited more genuine in-
? . terest The event is. being widely, discussed An the : city and state and it is taken for
t granted, that the paper, will mark a new era in the business. The growth of the evening J
1 issue has been so phenomenal and it has so fully met public expectations that great things
are predicted for the Sunday issue. 1 ' V'--'
Among the contributors of great prominence whose articles will appear in the first J
X issue of The Sunday Journal, may be mentioned Ella Wheeler Wilcox, Mary Lo-
gan Tucker, Edward H. Hamilton, Bailey Millard, Jules Huret, Marcel Prevost and
X Garrett P. Serviss, whose popular articles on astronomy are being read with such genuine
-. interest. - i
There will be many other bright features and fine mechanical effects both in colors I
and in plain black.
X If the public is satisfied with the' first issue it may take it for granted that the first
C will be the . very poorest , issue which will be given to the public. Many plans are now in
process of completion which, when set in operation, will make The Sunday Journal incon-' X
X testably the finest Sunday newspaper in the whole northwest .
... Be sure to order-early so as not to miss an issue. : , ' -
VVTTttTVVVVTTTtv
'5
J- v v , ..
is prescribed to extinguish combina
tions in restraint of commerce."
"The liberty of contracts is not im
paired by an act which congress holds
authority to enact These principles
have been distinctly announced in other
eases. "The constitution of the United
States is a supreme law, and a lawful
and constitutional act of congress is as
binding on the stales as though it were
In the constitution of the United States.
''If the contentions of the Northern
Securities company is sound, why could
not all railroads In the United States
enter into a combine, and by the device
of holding corporations, control rates
all over the country against the will of
congress?
."Congress may' protect the freedom
of interstate -rates, by lawful means.
No state corporation can stand in the
way of the enforcement of the popular
will when lawfully expressed. A statu
may create a corporation and authorize
it . to. engage in Interstate commerce.
Congress has no power-over It unless
what It does Interferes with an act of
congress.- A state may allow combina
tions in restraint of Its domestic trade,
if it sees fit, but it must not go beyon'l
its own borders, for a national authority
controls the instrumentalities of the in
terstate commerce.
.."The decree of the court below en
joins the Northern Securities company
from acquiring stock In the two compa
nies, , and from . voting what it -holds;
from exercising any control over either
of the roads, or from permitting these
things : to be done.. - The decree of the
court below Is affirmed, with liberty In
execution of such decree as circum
stances may dictate.
Harlan consumed a full hour deliver
ing his opinion.
The decision gives a lengthy review
of reasons for basing its decision, end
takes up point by point the defendant's
contentions that the operations of the
holding company do not come within the
violation clause of : the anti-trust' law,
either in action or spirit. The gov
ernment, among Its authorities, quoted
NORTHERN
A. . 1 A V. 1
bssssr4ssssV
TORPEDO TUBE.
in sustaining its position, quoted the
decisions of the Joint traffic association
in the trans-Missouri cases, the Addis
ton Pipe company and others.
The greatest interest, in the decision
was given by a throng of prominent
attorneys. Including counsel for both
the government and thj Northern Se
curities company. Several distinguished
attorneys from New York who ant
prominent as corporation lawyers paid
marked attention, to the reading.
nWI OK WALL STREET.
New York. March 14. Wall street ex
pected an adverse decision in the Nor
thern Securities case, consequently
James J. Hill, in discussing the decision,
said: "I cannot discuss it fully until
I read the1 text. I have no idea at pres
ent at what scope it is. Our railroad
properties are still there and they can
not take them from us."
This afternoon Hill was closeted' in a
conference with ; the - directors of the
company. Morgan declined to be seen.
AW SARST PLEASES.
St Paul, March 14. Governor Van
Sandt was very much gratified at the
decision in the Northern Securities case,
which, he said, means more to the people
of the country than any event since the
civil war.
William D. Fenton, counsel for the
Southern Pacific company, this after
noon gave out the following statement
in regard to the merger decision:
"In my opinion the decision has been
anticipated and its effects discounted
in the financial world. I do not know
If there has been any dissent among the
members of the court. I regard the
question decided as a close one, and if
it had been raised when the anti-trust
act of July 2. 1890, was first enacted
it would never have been held that a
combination the effect of which is to
control the ownership of th instru
mentalities of. interstate (;omrrerce is a
(Continued on Page Four.)
SECURITIES
I
s i
Feared That 100 Passen
gers of Hlfated Steam
er Are Lost at Sea.
(Journal Special Serrice.)
Brisbane, N. Z., March 14. It Is
feared that 100 passengers, from the
steamer Aramao Brisbane, which was
wrecked here yesterday, are lost The
vessel was bound for Cavins and. under
a terTlfic gale, was driven on the spit
of low-lying reefs which guard the
entrance to this harbor.
As told by the survivors, the steamer
struck with such force that within a
short time she began- breaking up. The
waves were particularly heavy off the
spit at that point and In a short time it
was teal lsed that no escape could be
made except through the braving of the
waves. .
Six small boats were all that were
available, and these were with difficulty
launched. Two of them have landed
here and in . them were 58 passengers,
several of whom are now In a perilous
condition from exposure and fright.
Several steamers are out searching
for the -other four boats with little hope
of finding them, as tempestuous weather
end heavy seas sre running.
MINER FERGUSON'S
BODY IS RECOVERED
(Journal Special BerTica.)
Victoria, B. C. March 14. The body
of DavloT Ferguson, a wealthy mining
man of this province, was found yes
terday not far from this city, -with his
throat cut- Ferguson was missed in
December. He had been staying In this
city, and also visited a brother near Sau
nlch, a few miles distant He suddenly
disappeared, ana all etrorts to find him
proved unsuccessful, although in reward
of 11,000 was offered by nls brother.
His body was found accidentally yes
terday at a point about 20 yards off the
road leading to his brother's residence
and about two miles from the Utter s
home. Ferguson had cut his throat
and still held the knife Jn his clenched
hand. There is little doubt that It was
a case of suicide, as the victim had re
moved his coat from around his neck.
He was unmarried and leaves property
worth more than $100,000. Ferguson.
the mining town in the Kootenays, was
named after him.
RAHDZTV TRIAL POSTPORRS.
(Journal Special BnrTlce.)
Chicago, March 14, The trial of Emil
Roeske, the fourth of the boy bandits,
three of whom fobbed the Chicago street
railway car barns, was called this
morning, -but was passed on account of
the exhaustion Of the state's lawyers
in the previous trial which closed Sat
urday In the conviction of Van Dine,
Marx and Nledermeier. '
ROTXZR ' TRIAL RZOZRS.
(Journal Special Sh-tIc,)
San Francisco, : March 14. After two
postponements, the second trial of Cor
delia Botkln began this morning. The
task f securing a jury, is expected to
consume four or five dV. The Dela
ware witnesses wlli arrive . Wednesday,
f
1 OCEAN
-TRAGEDY
Registration Much Heavier
Than it Was Two
Years Ago.
SIMON DENIES PADDINGl
Carey Says He Supposes There HaS
Been Some Colonizing of Voters
for Both Sides, But With
out His Knowledge.
By the time the county clerk's offlei
closes at ( o'clock this afternoon it is
estimated that the registration of vot-:
ers will be heavier by 2,000 names than.1
it was two years ago. The total regis-j
t rat Ion up to noon today was 603, which
with the 1,103 registered Saturday.!
brings the total up to 17,869. or 1,141
more than at the last registration. The
line of those waiting to be registered
filled the hallway at the courthouse .
today and the presence of a police of-,
fleer was necessary to preserve order, j
Colonising Voters. j
Evidences multiply that there has;
been extensive colonisation of voters '
for the purpose of using their votes aC
the Republican primaries on Wednes
day. In addition to the colony planted
in the Thirty-second precinct by Nate
Solomon, who Is working in the Interest
of the Mitchell faction, it Is stated that
a number of voters have been regis
tered from two cheap lodging-houses in
the Sixteenth precinct, and similar
frauds are ' reported to have been at
tempted in the Twenty-third precinct.
Simon men attribute all of these oper
ations to emissaries of the Portland
club." '''": :-;-:. ''
The Fourth precinct has been heavily
colonised. Larry Sullivan says this was
done by himself and Jack Matthews,
before SulUvan parted company witlv
the Mitchell faction, and Simen- men
emphatically deny that any such work
has been done in their behalf. Pome
of the Mitchell workers tacitly admit 1
that colonising has ben done for their
faction, but they assert that the other
side resorted to the same, tactics.
Investigation Is necessarily very dif
ficult, but outside of the Fourth pre
clnct It seems to be the fact that the
colonising has been done by Nate Solo
mon and others Identified with the Fort
land club.
- Simon's Denial.
Senator Simon indignantly repudiates
the idea that any. such crooked work
has been done by any of his adherents.
In discussing the matter this morning,
he said:
'The report that there has been colo
nising of voters by the independent Re
publicans is untrue and grossly un
just It Is notorious that voters have
been colonized, but it has been done by
the Matthewe-Carey faction. We hav
not spent a five cent piece for any such
purpose. It is said that Larry Sullivan
has been colonizing in the fourth pre
cinct, but that is not in our Interest,
for we have nothing to do with- it.
When he began colonising voters h
Mas working for the Matthews-Cart-y
faction, and If he has left that side I
know nothing about it. If he has been
colonising voters. I should suspect that
it is for the purpose of voting them for .
the Matthews-Carey machine, for I have
always been inclined to look upon the
story of his quarrel with the Mltohell
managers as a "plant." Certainly Sulll
van is not dorng any crooked work for
us.
"Even If we were disposed to resort
to such dishonest methods, we have
no money to spend in that way. - Mat
thews and Carey have all the money
they can spend, for the federal, city and
county employes have alt been compelled
to contribute to their campaign fund.
It is notorious that all these people have
been assessed and the machine has other
means of , raising, money, and a large
fund has been, raised by them with,
which to carry the primaries.
-' Jndge Carey Suspicions.
Judge Carey was interviewed upon the
same subjeot. He said:
"If there has been any colonizing In
the Interest of the regular Republicans.
I know nothing of It and it has been
without my consent. I do not approve
of such practices, nor do I think that
they are of any service to the party or
faction that resorts to them. Under the
Australian ballot law. it Is no use to
colonize voters, for you can't tell how
they will vote. I wouldn't give a. 10
cent piece for any results obtained in
that way. I have heard of course that
Larry Sullivan has been colonizing in
the fourth precinct and in some others
where he has some influence, and he if
working against us."
'"But that is said to have been done
while he was working for you. Is that
sor : .s-
Both Sides at It.
"Well, L can't say as to that," replied
Judge Carey, "but I supposs that colo
nizing has been done for the Simon peo
pie and perhaps for-the other side too.
But as I told you. anything of that kind
done in our behalf has been without my
knowledge or assent." , '
There Is no doubt that a number or
Democrats may vote in the Republican
primaries, despite the urgent advice of
the party, .leaders to refrain from all
Interference In the affairs of the op
posing party.
Alex Sweek Silent. .
Alex Sweek,-' chiilrman t the Demo
cratic county central commlttae, re
turned late last night from a trip to
California, where he has bn for the
past fortnight on business, When k I
what he had to say as ti the ertn .f
the executive commltte in throwing out
delegates nominated at DemoTntin pre
cinct csucusea, he replied: "I, Aa $
.(Continued on rage Two.)