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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (April 4, 1907)
THE OREGON DAILY 'JOURNAL PORTLAND. THURSDAY EVENINO. tAPRIL C I0C7, 19 0. R. & N. PARTIAL TO : COMPETITORS IS CHARGE TRfllNMEII WILL DO NOTHING OH . DRAWS. OPEIIIIIG TAFT CASE IS BEFORE JURORS ALTON RAILROAD DEAL DEFENDED HOT WALK OUT Northwtttem, Warehou Company la First Suit of the, Kind ' Alleges Railway Refuted to Honor Its Orders Though 'V.f , . h l Large Shlppsry V'; T'r .'.::!'; Labor Difficulties of Western Railroads arid Employes Have Commissioners Await a Com f. plaint and Campbell Says " Department Not In Danger. Broker's Lawyers Trying to ln " troduce Technicalities J' ' C Before Court " Court , Exercises DIscretIo Harriman's Lawyers Argue Be fore Commerce Commission Justifying Swindle. ? ; : , Jerome May Ask for Writ of Prohibition. Finally Been Settled. ,'' REPORT OH THAW JAY BE MEALED ' Discrimination furnishing wn tor the transportation of wheat end grata from eastern Washington and Oregon point la charged against --the O. R. X. Co. in a petition for a writ ef ma v damns filed or the Northwestern Ware ' house company In tha United States dle- trtet court thla morning. " " Tha writ which waa Issued ts tha first en to ha filed la Oregon undar tha pro vision! of tha naw Interstate commerce law, and tha on too ma of tha proceedings 'will ha watohad with BToat Interest by Mdmti of tha northwest wha have baaa hald up la thalr shipments by tha action ar InaoUon of ttia railway com panies. , Tha hearing will ba Aprtl U.', . Competitors Oat Oan. . Tha petUlon speclfloally charges that tha railway comoaay haa rafuacd to fur nishthe warehouse companywttb caral In which" to ship Ita'grain from eastern- . -Washington and Oregon points, put naa furnished competitors of tha Northwtat era compaay with cars, thua holding "P tha op rations of tha Northwaatara com pany and benefiting Ita competitors. - - The warehouse oompany allegee that It haa Import ad and ; ax port ad St par cent of all tha wbaat and M par cant , of all tha barley brought ta Portland from aastern Or iron and Washing ton points from 1101 ta 104. Tha company . allegee that it ta therefore entitled to 11 par cent of aU the care need In the transportation of train between these ' points and aaka tha court ta compel IIERfililfill TRIAL ! IS flEARLY OVER Agreement Made to Commence I Arguments , Next Tuesday Few Witnesses Called. r. Waietagtoe Sureea of Tka Je Washington, AprU 4. An a eLl - Washington, AprU 4. An agreement has been reached by which tha nnai arguments In the Binger Hermann case will begin Tuesday .morning anu Wednesday night respectively unless aomethlns tmnsplrea to neoessltata a postponement. It haa caused surprise that the defense will consume ao little time. It was thought heretofore that they, would call a multitude of wit nesses, but few have been subpoenaed, of whom only a part were called to tes tify. ' H. Preston Getly. Hermann's son -Inlaw, and counsel for the defense, read many original letters to the jury which had been copied into the letter press copy books to ba handled by any per son in the offices who might care to in spect them. As Attorney Worthlngton nms& In offering them in evidence a number Of the letters were to Schiller 'B. Hermann, the former commissioners son. at Myrtle Point. Oregon., admon ishing him to ba more careful la con ducting a merchandise business there. In which Bennann bad Invested money to assist his son. In one latter Her mann aald of tha legislature, then in aesslon: . . , - -It there ta no caucus, I stand a eelendld chance to ba elected, but If there la a caucus I am sura Corbet t will be chosen oenator." : FRAUD INtf ELECTION IS A! Arrest Follows in Wake of Re- form Movement Much Un- . easiness Results. ' ; "r."1"" (Spatial Ihapateh ta TtaTjawitatl . . Wood burn. Or., April 4. The first ar reet through the Instrumentality of tha Law and Order league was made yes terday afternoon, when Constable Beach arrested John St ' Onge on a warrant 'sworn out In Justice Hayes' court charging St. Onge with Illegal voting , at the municipal election Monday, t St. Onge waa ' allowed until Friday ; morning to plead and was placed under HOt bonds, wbleh were furntahed by r Rsv. J. A. IiOveaqua and N. Becker. St Onge same to Wood burn from Canada 'last year and took out his naturalisa tion papers. It la aald, last month. There will be other arrests for Illegal , voting and the executive oommlttae of the league ta taking ateps to eradicate certain unlawful and obnoxious prae . tlcea In this city. The reform move ment la-creating much bltterneaa and In some quarters considerable uneasl ' neaa. for the league's big stick Is liable r to descend at any time and at any place. ;ABE TICHNER IS ' -BUYER OF A LOT 5 71h,WTIcnn,r Purchaaed the k west comer of Tenth and Everett The -"UH WaVal 1B.UDU. Th, hmm. ZX b,0n4 V Jma Denholm of avua wnw Dougnt the site a few months ago for considerably eaa than ne present sailing price. D. B. Mackle w. un vommireiai lnraatment com pany made both salee. , i m rami eeraie 9tHrbnMt r Title Ouaranteo Trust company has been reorganised and B. N. Steele has in onmrge aa manager, Mr. nieeie oas ror tne past IT Vaara tv In tha realty bualneae at Albany, Ore gon, but recently sold out thr ... eept a position with the Title Guaran tee Troet company. He. Intends to bring his family here In a short time. JTautrh Gt Rnieve. (Jnernal Rpert-il Karriea.) coiumpua. onio, April 4 Dr. o. C Ilaugn, sonvicted of murdering his parents and brother, waa granted a re mlte this morning until April It. Hla i-wtnx-utloa - had been net or Friday Inrdrr Tjlal IVglns. ,IHl IHapefh ta Tha Jnarmal.) r i.e. Idaho, April . The trial of XV. C. l-lmraons for the murder of Ail i .M rtanke in Highland valley last fall ta c r, ia AisUlet eourt bora. tha railway company ta frnnlsh the warahoaaa oompany with Ita pro rata Share of these care. ' The warehouse oompany allege that tha railway employed 1,(09 cars In the transportation of grain from January 1 to March 21, 10T. eut of which, the warehouse, oompany received but It. Thla ta but seven par cent of tha total number. . .'... ' ' Paying To Storage. : Because of tha alleged discrimination shown by tha railway company, the warahouaa people hare 17.00 tona of; grain atored at various aastern Waah - ington atauona on the railway com- P"Z? J1"" ' which tt . haa to pay "iV" . " " Tha warehouVo oompany also charges speclflcally that the railway company refuses to .honor its ordera for ears and pany wlU aaly-r honor ordera for-oara for the transpere tatlon of grain from eompatltora. Under the provisions of tha new In- lata an,,,, laainia law mnA tKa J under which the present sull tls brought, It states uu liisuniawrui roraayeom mon carrier to make or giro undue or unreasonable preference or adnata go to any particular person, Arm or corpo ration, or locality, or any particular description of traffic, to any undue or unreasonable prejudice or advantage la any respect whatsoever. Teal at Minor represent the warehouse oompany, t , HILL ROAD WILL IGNORE TipW aVaaauessaneaBusassssNBMa .' Northern Paclflo Issues Defl to . Montana and Will Disregard 1 '' Recent Statute. - fSpaclal Dtageteh ta The Joaraatl Helena, Mont. April 4. On April II the Montana and Oregon atate railroad eommlaatona will proceed to Olympla. Washington, where a general confer ence with tha Washington body on tha western railroad situation will bo held. If deemed" necessary, a plan for co operation with the Interstate eommeroe commission will ba submitted to the latter, The Montana ' and Oregon" commis sions, which are recant executive crea tions, desire to profit from the experi ence of Washington today tn the formu lation of ratea, achedulea - and regular tlon, and this also forma a part of tho purpoas of tha meeting.: - ' . The Northern Faclfla railway baa io- ttfled the eommlsaloa hero that It will Ignore tha law passed by the recent legislators limiting the howre of train men to la. holding It to ba Invalid, and notices to that affect have bean posted at division points. DO YOU WANT TO WORK FOR CITY? The city civil aervtee commission haa Issued calls for examinations for posi tions aa 'follows: r . For Janitors, elevator men and watch men at the city hall, April tt, three va cancies, salary $76 a month; applicant must pass a physical examination and educational test. For patrol sergeants, detectives, driv ers. Jailers and guards In the police service, , April St. There . are !( va cancies and the ealaries are 190 a monthj . The examination will consist of a running, test of 100 yards In IS seconds, a physical examination and a written examination, comprising the spelling ef simple words, tha funda mentals of arithmetic, penmanship, . a practical knowledge of the rules and regulations of the police department, the sections of the charter governing the department, and questions relatl'b to the -location of buildings and atreete. The minimum height of the applicant la fixed at five feet, seven Inches and tha weight 140 pounds. ' For1 drivers, hosemen and truckmen. May t. There are 10 vacancies In the fire department - The applicants will have to pass aa athletlo test and a physical and mental examination. SENATOR KINKAID IS RELEASED UNDER BONDS '1 (Spaelal Mapatch to The Joeraal.) Boise, Idaho. April 4. -Bx-8tata Sen ator John Klnkald, recently Indicted by the federal grand Jury, arrived here last night from Nevada In charge of a deputy United States marshal, but was released on I5,00 bonds.. His attorneya would make no statement. It Is ex pected that upon arraignment they will file a demurrer on the grounds of In sufficiency of the action, as waa done tn the cases of John Wells, Pat Downs and U M, Pritchard. who were Indicted on the same charges. . , v s. .IPMAN BACK FROM JAUNT IN CALIFORNIA ..aa a aaaaMBBa . W. F. Llpman, of the firm of Llpman Wolfe a company, has returned from a trip through southern California of sev eral , weeks' duration. Ths trip was made tn search of health and recreation and the greater part of the time was spent in fishing and hunting. He made Los Angelee his headquarters and while there participated la a number of trap shooting events. ' Mount Pitt Kloctlon. The Mount Pitt Hydraulic A Quarts Mining oompany, -of Josephine county, elected officers here yesterday. Cap tain D. F. Toiler was reel ee ted presi dent, and A. R. Brooks was elected secretary. The old board of directors was reelected except that Mr. Brooks waa elected la place of R. B. Fisher, secretary. The nine is reported aa shew ing up well. - Bun day School Convention. The county convention of 1 Sunday school workers met this afternoon, at Grace UeUiodlat .church with a large attendance. There will be a session of the convention this evening and another tomorrow evening, a number of mat- j ters of Importance to the Sunday school workers will be considered, . (Jearaal SpectU Iterate.) CnOoago. April 4- The ei fog- tha railroads this aooaoed that every potat U dispute haa baaa settled.. Tha baala of tha settle. meat waa m 10 bong ftey foe the maa ta tha train service and aa inereaee ta wagae averaging 10 pa seat.. Tha maa waived thalr demand fog a nine hong day and It peg eent Increase ta wages. Fostcr-aiae railroads, and 40,000 effected by tha aetttemeat, Tha laoriaaa amounts ta S4.00000 annually, 1 . strike Manager Morris say thla gangs tug had said a eeftlexaent waa possible. ta. ma time tha labog lead. ere admitted that peeoe waa ta sight. I hlorrlssey aald tt tha maaagars would ' yield a few astaog pointa tha employes would ecoept tha latest proposition made ta these and 4 re believes. - that the eonfi thla aftarnooa would result ' HARRI MAN FIGHT MEANS THIRD TERM FOR TEDDY ' Waahingtoa, April tors, representatives and other com pa tent Judgea of polltloal moves declare the only logtoal outoomo of tha RooeveltHar rlmaa controversy and tho ex pose of the conspiracy to down - him will be the active candidacy of tha president to aueoeed him self. A western . senator today aald: "The only way Roosevelt's policies can be continued la to keep him la tha White House. If a maa Ilka roraker ta alsotod, all tha hard work of tha presi dent will bo immediately un done." -j. DISTRICT AnORflEY ' JANS DOt'H THE LID Deputy Wail Stops Gambling - and Slot Machines In Wash ington County.' : : i . :. ' . . - , . -. - . . (Special Mspstea te.Tae 7earsaL) HUlsboro, Or, April . The lid la on good and tight In Washington county for the first time, John M. Wall, the newly appointed deputy nnder District Attorney Hedges, yesterday served no tice on ' all proprietors of saloons and drug etoree that he would strictly en force all existing laws as to gambling, operating slot maohlnes and the sale of Intoxicating liquor a. ' ; i --. Aa ,a result all card and money ma chine are turned to the wall, and -while there was but little gambling In the county that. too. has been suspended. Drag stores without the limits of in corporated towna must striotly- comply with the law relative to the retailing of liquors and alt drug stores wtil be expected to keep the poison register re quired by law. So far as I known, all persons win comply with Mr. Wall's order, but It waa rumored here yesterday that an effort will be made to have Mr. Wall enforce the Sunday closing law also. ' The new ..order of things seems to have met less opposition than waa at first anticipated. Money machines have been operated In this county for wears without objection on the part of, tho authorities but there was little or no complaint Whether sny Influence was brought to bear on Mr. Wall Is not known, but It waa given out yesterday aa his reason for making the order that he had taken an oath to enforce the laws and he expected to do so. ORDER IMPROVEMENTS . FOR PORTAGE RAILROAD - mnaetal Dkeateh to Tha Journal) Salem. Or.. April 4. Improvements the amount of tl.60 were decided upon yesterday by the board of portage railway commissioners to ne maa on the railroad st Celilo. - It Is proposed to lower the rack at Big Eddy and to put In a mm Da r oi neeaaa but previous to making the proposed Improvements the superintendent ,will present the plans to the bard. , In accordance with the provisions of sn act paased by the recent legislature, the management and control of the af faire of tMa portage railway, will pass to a new board of commissioners. ' Gov ernor Chamberlain yesterlny . an nounced that he woulAV appoint at aome future rfate I A. Iwl of Portland. Joseph T. Peter of The Dalles snd W. j. Mariner ofFlaloek as tha members of ths board. The new commissioners will nesume their duties on May tt. , . m a-' gfeelsmlth. the superintendent of .the road, presented his . report for tve month of March, which showed that the total disbursements ftr the month were tttt, the earnings 118.05, and the actual Cost of operations I51J.BS. . , O'MALLEr PIUS FOUR FOOTPADS TO ROUT (Jearnal ftpeekt Sitlea. Chicago, Aprtl 4. When Edwin F. OMalley and hts lT-yexr-old . nephew from Los Angeles, California, alighted from the train at the Polk street sta tion this morning long past daylight and etarted for the home of the I nephew's parents in mis eity a man tried to grab 0Manevs diamond pin worth Moo. Three others helped when CMalley resisted. They escaped snd (TMalley chased th four through the depot, captured one and recovered hts pw.--,.. . - v.; DALLES ASKS CARNEGIE TO SHELL OUT CASH (spaelal Dispatch ta The Joarnal.) Tha Dalles. Or., April . 4. At the meeting of the common council last night an ordinance waa passed submit ting to the votes of the citlsens prop ositions for building a city hall to cost $10,000 and requesting Andrew Carnegie to furnish 111.004 for a library building or 110,000, In either rase the city pledg ing Itself to support the former prop- oaltlnn by appropriating tl.500 annually. and the latter 11,000' annually, A vote i will be taken, at Jjune the city election next I Chief Campbell -will make mm complaint to tha county oommlssloaera about tho flinging open of tha Burnaldo street bridge draw while tha apparatus waa running to a fire en tha Eaat Side yesterday. And tha commissioners will make no Investigation, nor take any act ion unless complaint ta-entered either by Chief Campbell or by somebody else. It was the police department that waa caught on the draw.' aald Chief Campbell, today, "and I feel that tt la up to them to register any protest- that Is to bo made. I will pasa tha matter up to the police' department" - Commlesloners Llghtner and Barnes stated that they knew nothing about tha j read In occurrence except wnai iney tha aewapapera. No renort bad been made by the bridge men end no com- plaint had been entered by anybody. f 1 .kaMaalarata a. M t ujiaop-the-Bjattar-a-t onoa should any demand be made upon them to do so. "However." said Commissioner Ugnt- ner, a have no doubt that when you get right down to It, tho boata have the right of way. aa tha federal laws Oarry and Clarke objected at every govern the opening of the draws and j turn to tha Introduction of evidence they arc supreme. Nevertheless, If the and resorted to every possible teohnl newspaper reports . of tho oootrrrenoe calltv to secure a dismissal of tha case. were true, there certainly, waa a mis- undaratandlng at tha bridge yesterday. mCH STRIKES Oil' BLUE LEDGE Eight-Foot Vein of Purs Copper Glance Carrying Gold Made , In First National. (Bpaetal ma patch ta The Jearaal.l M . - VI ..HI ATA tltlaW nomenaT strttee have ocwrred In the ! ,n Prm.nt of tho not., by glv notnenal trlkee have tag a mortgage or an insurance policy Blue . leage aisvrici . annus -" week and the work subsequently done upon the finds proves them to be some- L thing more1 than the uncovering oi a shallow pocket. The first of theee waa t Conner, wade on the First National claim; owned and being developed by Dr. J. F. Roddy. J. H, Adama, A. A. . r., m ..i uii Ttii . . "I m ia.i.v- k- rik. Tumli." tteVeaTt o"f a crosscut, run from drift at a depth of lie feet, bringing to light an eight- foot vain of pure copper glance, carry ing copper at tha rate of mm to in per cent- besides from tie to tit ta gold. Though rich strikes have necome an everyday thing in Blue Ledge district, this one beats them all Mining men from mahy sections of the northwest who are acquainted with the big cop per mlnee of this country unhesitatingly state that thla la one of the very big- gest copper strikes ever made on the Paclflo coast. : This ore. like , all re moved from the Blue Ledge claims, Is a fine smelting product, and can be removed by direct tunnel In almost un limited quantity. Tha owners will place a larger! crew and push the develop ment on the First National with . the best possible speed. The other notable strike of the week waa In gold and was mads by three "tender feet," who did not know a ledge from a aide of bacon.' aa one old-timer expressed It. . But the three, "tender feet," with nothing better to do, shoul dered their kits ons morning and struck the trail for lower Elliott creek. They paased at what appeared to them to be "pay ground" and panned some of the decomposed and oxidised rock that stuck out of the hillside. The first pan when washed down, broken and cleaned, net ted tit in pure gold; the second pan contained 1120 and the third till. That was good enough for the first day, ao the three tenderf eet took a rest. They laid off long enough to post notices of location and me on the oiaira. The development since done, in the way of open euta, proves ths proposition to be an exceptionally rich one While th ledge Is narrow, as exposed on tha surface, 1t Is thickly -peppered with na tive gold, and so rich tbat a boy could soon whlttls a fortune' from tt with jack knlf a, . LIYESJDCir OWNERS HELD l llkUl UllUIULL I till, LUUULU Judge Hunt Decides That Na tional Forests Nsed Not Be . - Fenced by Government. " fwasblngtoa Boreas af The Jaareal) Washington, April 4. In a case lust decided by Judge Hunt of ths Unld States district eourt of Montana, own ers of livestock are held responsible If they auffer their stock to drift upon the national forestai - It was declared that the national -forests need not be fenoed to exclude stock, no matter what the state law '1s, and that therefore It ts Illegal not only to drive stock upon the forests, but even to permit them to drift there, unless ths ownsr possesses a permit. ' t The result of this ease will cause much comment In all the cattle states which have fence laws,- like Montana, where the law provides that owners of sfck may allow their cattle to feed upon the public domain, and that an owner of lande not fenced la without remedy for the damage done by anl- mala so, ranging. For It meana that grasers near tha national forests will be obliged either to take out permits or themselves keep their cattle off th forests. Hitherto It haa been a belief that all the government could do la eases where cattle drifted upon the national forests was to cause them to be driven off, REPORTS OF DEATHS IN FIRE ARE EXAGGERATED (Joeraal Spaelal Serrlee.r ' ' San Francisco, April 4. The search ef the ruins of the Connect4-ut street tenement continued all morning but only one body was found. It la believed that the first estimates of the dead were exaggerated and Jhat not more than five petinhed. Mrs. Rirpo and another woman with, two children who had been reported dead were found ollvs and uninjured. AU the Injured are doing j nioiy M0SER MAKES HARSH CHARGES AGAINST TAFT Dedans Taft Blade Itegnlar Bail- Bess of Pefraading Money IxmA- era of Portland by Securing Cash on Forced Not. ; After a wait of three months tn tha county Jail, W. H. Taft, well known aa a realty agent and money broker, waa ' Pt " trial today In Judge Crawford's i department of the circuit court Taft charged with uttering a forged check "1U Intent to defraud Dr. George IX 1 Peten. Sf " V 1 Taft Is rapraaented in oourt by Attor- ( neys w. xv ucuarry ana tu. uina ana irons mi nrsi it neoamo eviaeni that a strong effort, will be made to i save him from tha penitentiary. Mo- District Attorney Manning and Deputy Qua Meser are conducting the eaae for the atate. They are assisted by Max O. Cohen, eounael for numerous alleged victims of Taft. afcawyetW Some; Arguments, In hla opening eddfeaa to the Jury MoOarry made much of the fact that tha note tn question was taken by Dr. Peters only on the personal guarantee of Taft. and that Taft therefore waa the real debtor; moreover, that the aura Involved, 1171, had long alnoa been paid. - The-afternoon see ton began with an extended argument between counsel on the question as to whether nr not evi dence of other offenses similar to that charged la the Information might be In troduced to Show the fraudulent Intent of tha broker. Deputy Moser made the statement that ha waa prepared to show mat Tan had made a regular buainesa of defrauding money-lenders by aeour- casn on rorgea notee and guaran- , on household goods whose existence fiction. femes of Jurors. 1 to' late this afternoon but one TJp ' gammea. or. Fetera. no names ox tne jurymen who w "CST?. eVl" n,J 5 2$ Winer, J. Durkhelmer. F. B. Jo Jones, Jfil' g " - 0rge M McDowelU ' "tr?": hartta Schmidt. Fred 3. Vermehr and F. J. Buckwalter. CAN LUXE TURPENTINE FROM WESTERN PINES c e-.r . rorenir - service Makes Val uable Discovery- Releas-; ' . r Ing Timber Land. . fWssniagtoB areas ef The Jeeraal.) . Washington, April 4. The forestry service haa discovered that good com mercial turpentine may be made fromi certain western species ef pines aa well as from tbose found In the sootb. Heretofore tt has not been believed that western pines of any variety ever would yield this valuableproduct But the experiments have demonatrated that with tha perfection of the process these western pines will be yielding large quantitlee ef turpentine produced ezoluslvsly tn tne south. Field teats re now In progress and it is nopea that before long the for estry service wll he able to announce that Anal results have been attained. That the forestry bureau . does not auroose to seauester entlrelv the tlm. ! ber In the national forest reserves ts shown by the announcement that an Informal application for 76.600,000 feet of yellow and sugar pine and cedar, to be . cut -. from - the ; Diamond- Mountain national forest, California, has Just been received and the chances for a sals appear to be good. W. O. Durbln of ths service was Instructed on March IS to make aa examination of ths tract applied for.- By the building of rail roads In ths Initial operation large bodlee of timber In this national for est will be opened up for' sale. BROWNELL SUED . BY; LONE WIDOW suit baa been brought by Plggott Finch of this city In ths circuit eourt at Oregon City against ex-Senator George C. BrownelL claiming 14.000 al- loged to be due on an accounting of th K op pell estats. Mrs, Llssle Kop pell Is ths plaintiff. Xoppell waa killed several years ago uy ous u rimes st Aurora. Ths widow owns a hopyard and other property around Ore go a City. Brownell had charge of settling the estate, and In a final accounting, about a year ago, he. it la alleged, signed papers allowing ber a balance due of 14,000, of whlob he paid 11,000. Brownell is reported to have denied that, he owed Mrs. Koppell any more money, and Is credited with saying that he paid 11,000 on demand at a time when he wa engaged In a polltloal campaign snd to prevent the ' "airing' of his trouble with Mr. Koppell. Plg gott 4k Finch, attorneys for tha woman. decline to state ths nature 6f the trou. -hie that Mr. Brownell did not want run Hired.' TALL BUILDINGS OF STEEL FRAMES The Shepherd building ordinance, which has been before the council for some time, was gtassed at ths meeting yesterday afternoon. The ordinance provides thst any building over four stories In height shall havs a steel frame. , - Mr. Shepherd, when a member of the council,- propoeed the ordinance. He had Investigated conditions - In Ban I Franclsoo after the earthnunka and hs i said that the steal-frame building, with- stood the shock better than those of other construction. Considering theiiortnge. cost of the building, he said the dam- age by fire to the steel-frame struo- J tares waa comparatively light Catesrael Seeelel flewtee.1 New Tore. April 4. Juatloe FlUger- aid may or may not aooept the report of the Insanity -commission ' finding Thaw sane, according to hla own dis cretion. ' He announced that ha would hear the attorneya on the matter. . Jerome severely criticised the meth ods of the commission and aald this Is a case of suob Importance that tt will be cited In years to ooroe. The precedent establlehed here. If the report le adopted will permit the eourt to appoint a com mission of three lawyers, who could go Into Mre aesaloa and decide the f ate v. m HI i,. - . , Jerome Stay Appeal. . , The Jury waa 'excused until Monday. 'Attorney Hartrtdge received a copy and glanced hastily through It. He turned to Evelyn Thaw and quickly nodded nd amtled cheerily. Thla was the first Intimation the crowded oourt room had of the nature of -the report. Jerome read the report and announced that ba would have further reports to make on the finding. Later he asked for the commission's minutes and stated that be had promised the commissioners not . to use . tn . the trial In ease ef a resumption, the developments or ar guments brought , out be ore the com mission. ' He then asked for time tn which to decide whether ha would apply for a writ of prohibition against the continu ance of the trial on the ground that the commission had violated the statute In excluding him from Ita private exam ination of Ihaw. ' The eourt denied Jerome's request to see , the eommts slon'a minutes. . ' Thaw Highly sneased, '. . If Jerome appeals to a higher oourt for a writ of prohibition It will be upon the alleged error la Fltagerald'e find ings In regard to the lunacy report. When the court announced the commis sion's report. Peabody hastened to tell Thaw. He later aald, "Thaw la aa tickled aa a le-year-old boy.- He told me he was now confident that acquittal la at hand. He fairly waltsed across the Bridge of Sighs aa we returned to the Tombs." . . Jerome In a formal statement late this afternoon aald that he was unable to tell until ha examines all the authori ties whether he ought to take further action tn the way of an -application to the appellate division, If he finds the eourt tn error he will seek a review. If ha finds It ts not la error ho will take no further, action. EMPLOYERS' LIABILITY ACT IS B TESTED Washington. April . Every railroad employe and traveler tn the United States la Interested In ths present tent which ia being applied to the employers' liability sot adopted lasC year. - Suits for an aggregate of tSli.OOft have been filed In the Dlstrlot -of Columbia oourte for damages which 'it Is sought to col- lect from the Baltimore tt Ohio Railroad company foryvlnjnriea received tn the Terra Cottar wreck December SO. llOt. . Two federal courts la other Juris dictions have held the law Invalid, three have hald It valid. The decision ofthe district supreme court, in- which the damage suits have been filed, la awaited with Intense anxiety by rail road managers and employes. Ths nsw law says tbat It shall not be competent for a railroad to plead against demands for damages for In juries received by employes' thst the Injury waa caused by contributory neg ligence on the part of a fellow servant. The Issue contained In these suits and in ths question as to the laws validity has agitated almost every state legis lature in the united states, nag been the slogan of many a campaigner who sought support from railroad men and haa jcauaed endless litigation every where. - . . . i .. , . EX-COUNCILMEN TO GIVE DINNER 1 Mayor Lane and the entire council and other city officers win be given a dinner at the Commercial club Monday night by Ocorge 8. Shepherd and W. T. Masters, ; who tendered their resigna tions as members of 'the city legisla tive body at the special meeting Mon day afternoon. Mr. Shepherd . will act aa the presiding officer of the banquet. He announced this 'morning that only two speeches would be made. , -"We'll let the mayor talk because be Is at the head of the . city government1 said the humorist. ."And we'll let City Auditor Devlin speak because be signs our warrants, and I've got a warrant coming from the city yet No- other speeches will be permitted, unless they corns from ths newspaper fraternity. If they want to talk I'll give them thes right of way. From my experience, I believe they will not want- to talk. I think they would rather write us up." , a a aaaaa aaaaaaaaa, aaaaBBaaaaai ALMOST CUT IN TWO r; BY BREAK OF CABLE (Bimetal fnaaateh ts The, Jeernal.l Aberdeen, Wash., April 4. Billy Me Cabe, a logger and well-known charac ter about town," waa nearly cut tn two by the breaking of a cable at the log ging camp or tn Aberdeen Lumber A Shlngls company, up the Wlshkah river. .The character of his Injuries renders his recovery doubtful. LOUIS ZIMMERMAN ; ' - ' - BEGINS CAMPAIGN Louis Zimmerman Thursday last filed his Intention ef becoming a candidate for nomination as mayor on ths Re publican ticket and la now circulating; his petitions for signatures. Aa soon as ths full number of namea have been filed, and before, Mr. Zimmerman will begin an active campaign for the nomi nation. , . " Express Gratitude. Mr. and Mre. W. H. Harris and fam ily wish to express their heartfelt gratitude- to th many friends snd ' kind neighbors who bestowed upon them so much assistance and sympathy during ths illness and death of their little daughter. They also wish to thank them for the many beautiful floral of- Preferred Stock tensed Ooods, . Allen Lewis' Best Brand. ' MAY DISSOLVE MERCER OF PACIFIC SYSTEMS President's Scrap With Railroad v Cornea at - Right ".Tim) to .. Force , ' Drastic Action Upon Illegal Hold lngs of Competitive lines. ' s f . - .... ,- '(Journal spartal Semes.) -, Washington, April 4. IB. H. HarrW man waa present at tha resumption thla morning of' the Investigation of ' his railroads by . the Interstate commerce commission. He was represented .by Attorney Cravath, who began aa argu ment defending the Chicago Alton deal. He aald: "ir weT had "IBs1" sTringenrTawa England or those ' proposed In many states the rapid development of r the eountry would be Impossible. - The so called stock watering. Instead of being - a vice has been a real aid. While If may now be the, time to regulate tha issue of stocks and bonds, the recapi talisation of the Alton,, done at the height of the country's development, following the panic of HOI, ahould be regarded tn that light ... Everything waa done In the open," . . . FabUe VtUlttea BUI. Asked by Commlsslonsr Lane how he would have he regulation -of stock bond Issues, Cravath replied 'that the Interests ha represents favor a - publlo utility bill, as advocated -by Oovemor Hughea In Jfew Tork. c "s Attorney Lovett thla afternoon la ar gulng In favor of Harrtman, to show that the purehaae ef the Southern Pa clflo by the Union Paclflo waa not In violation of tha Sherman anti-trust law.. He referred to the Alton deal and declared that Harrtman was unjustly charged with full responsibility, when as a mat ter ef fact he waa only one of aeveral In control ef the syndicate. - More than usual Interest attaches to the session ef the Interstate eomm rce commission today whan the 'question ef the legality of the cooperative arrange ment between the Union Pacific and th Southern Faotflo roads comes up for argument. - The bitter- controversy between the president and E. H. Har rtman coming on the very eve of thla hearing given a pertinent twang to the hearing. President Oppose xt. There la no doubt but the president ta bitterly opposed to a continuance of the present arrangement between theee great transcontinental -tinea ' controlled by Harrtman, and It la equally sure that Harrtman and hla attorneya will fight to the eourt of last resort any .effort to dissolve the exlatlng understanding between them. Following ths arguments the cemmli slon will refer all testimony ta the at torney-general,, with a view to. the In stitution of legal proceedlnge for a dis solution of ths combination existing be tween the Union Paclflo, Oregon Short Line. Southern Paclflo and allied lines, ihlch ..have ween'; found, ta eeompet- Ing. and will prepare a report for the Information of the president wherein will be set forth the steps ; which "ths Investigation shows will Improve . the i transportation facilities generally,' and legislation necessary to insure , more satisfactory federal regulation, TO MAKE RECEIPT OF . - PASSES UNLAWFUL' Under aa ordinance proposed by Coun cilman Vaughn at ' the meeting of the council yesterday afternoon, it shall be unlawful for any publlo aervtee cor poration to offer free passes to any public officer. Before such officer re ceives his salary he must maks an affi davit that he hae neither solicited nor received any pasaaa The provisions of ths ordinance do not apply to policemen and Qreinen In uniform. Violations sf the ordinance are punishable by fines ranging from $100 to 1500 or Imprison ment of from three to six months tn the county Jail. The Ordinance waa re ferred to the ways and meana eommtt- ir" - .u TT ' I" THREE ARTICLES OF J - INCORPORATION FILED '-. ' v- Articles of Incorporation were filed ., with the county clerk today aa follows: The Rober Machinery company, lnoor poratora A. F. Rober. E. H. Carlton and F. A. Rasencrans, capital stock 15,000. - Ths Multnomah Building 4s Trust company, Incorporators W, A. Spanton, CaW. JDavls. HH- Coblv J D, Morris and F. H. Whitfield, capital stock 110 o. ' - . The Clinton Construction eempanv1 Incorporators Charles Jones, Wiirfam ' I A. Munly and Percy P. Dabney, capital stock tZi.000. v " VICTIM OF A TRAIN. : DIES AT ST. VINCENT'S Rlohard White of Seappoose, who Was 1 Injured by falling beneath the wheels of a freight train Monday night, died ' today at Rt Vincent's hospital aa, a result of his Injuries. He suffered th loss of a leg lit the accident and th other leg was crushed so badly, tbat It was amputated later. "White was brought to' Portland tn the cabooss of -the train by whloh he was : Injured and removed to St . Vincent's hospital, where the amputation was per. formed. H lived until today, when he expired. CONSIDERED ADVERTISING - MATTERS AT LUNCHEON " -v ' - - - - - The executive committee of the-Portland Commercial olub held a meeting today at luncheon to consider special ' advertising matters and discuss promo tion work for the year HOT. The com mittee Is composed of T. B. Wilcox, WlU llam M. Ladd, A. L. Mills, Robert Liv ingston, L.-'A. Lewis, J. C Alnsworth, J. Frank Watson, Walter F. Burrell. L, N. Flelschner. . Pendleton Elks Elect. ' (Speetal btseetea tm The Jeeraal Pendleton, Or., April 4--The Pendle ton lodge of Elks have elected the fol lowing officers for the ensuing yart Exalted ruler, C. J. Ferguson; esteemed lending knight, Csrl Coolay; esteemed loyal knight Glenn O. Ooodman; es teemed lecturing knight, Chas. B. Bond secretary, Harry C Thompson ; treas urer, C E. Bean; tyler, Ilarrji Norwood, trustee, Lee TeutoJi, .. v -