. VOL. VI. NO. ,102. ;
PORTLAND t OREGON, - WEDNESDAY EVENING," ' JULY, 3, 1907.-SIXTEEN PAGES
price two cents. S?J&;?Jr?o,EB
hwmm law to kotect mam mm
y
OF
10 BOOST PRICES
Ordinance Broad in Scope
Applicable to Combina
tions in Restraint of Trade
to Be Introduced at Next
Council Meeting.
Ample Power Conferred by
Charter on Municipality to
Legislate for Regulation
of Different Kinds and Va
rieties of Business.
' An anti-trust ordinance broad enough
Fn its scope to meet the provision Of
the federal law, but applicable to the
combinations existing In the city for
the restraint of trade, boosting of prices
' and stifling of competition Is being con
sldered . by City. Attorney. Kavanaugh
and if possible will be presented to the
. council at Its next meeting two . weeks
from today.
Councilman Beldlng is the father of
the proposed enactment and will urge
-Jts passage through' the municipal lag
s' Islature onoe It, 15 drafted and made
ready for presentation. , r fc. . ,
The charter.? it1 la', .argued llfey vMr.
4 .. Balding, grants.'i-nhdar , aubdivlaton J,
. eeotion TS, article 4, ample power to
-the counclVJto. enact an ordinance and
, s enforce it. , Thl provision is one -of
V the subdivisions enumerating the legit
lauve powcravv .uii cuunui mna reaqa
a follower- 3 , "
"The council shall have . authority
' to exercise within the limits
of The city of Portland all the power
commonly known as the police power to
the same extent as the state of Oregon
has or ooulcTexercis said power within
said limits."
rower dive By Charter.
It is also found In the charter that
there are varioua sections which grant
to the council the power to legislate f
tha raa-ulation of different Kinds , at
varieties of business ocoupatiima. For
A
.. ..
L
COUNCILMAN H. A. BELDING.
ELECTRIC LINES
10
III
VALLEY
mnl thera is now an ordinance tro
viding for the kind and sise of build-
Ings, for the storage of explosives, for
the regulation of fuel and for many
kindred subject. It Is contended by
Mr. Beldlng that the proposed ordinance
now under consideration will be In the
same line as these already on the
statute books of the city and fully
within the organic power of the council
to enact.
"It seems reasonable to me," aald Mr.
Beldlng this morning, "that the council
should have power to enact and enforce
such an ordinance. If the Sherman
antl-truat act can be applied to corpora
tions operating In interstate traffic and
If the state can enact a similar law for
the regulation of those similar corpora,
tion doing a strictly state business,
; then, carrying the argument a step fur
ther, I do not see what - prevent the
council from regulating combinations
formed and operated trlctiy within the
limit of thaxlty If there I a plumb
ing trust, a fuel trust, an tee trust or
any other combination which ha been
formed within the city and which op
erates within the confine of the city. I
do not see wnat prevents the municipal
(Continued on Pag Two.)
TRY SEIGE v FOR
AGED OIL KING
Twenty-Five" Deputies Sur
round fjohn D. Eockefel-;
ler's Country Home.
(Journal Special Barrlee.) ,.;JV
Cleveland, July I. Believing thai
John, &-Rockefeller i -hiding at Ms
country home. Forest Kin, Marshal
Chandler ha laid selge at that place
and has cut off every avenue of es
caDO. Twenty-five deoutlea have- been
posted about th grounds and are keep
ing via nam watcn ror th fugitive on
king, day and -night. -..t--Attentlon
is not all devoted to Rock
efeller a country ; home, however, for
deputies nave also been-posted at his
Euclid avenue residence and at the ftome
or wev, w. a. niaton, tne multi-million
aire's Cleveland pastor. Marshal Chand-
aer reeis certain mac me oil king la -In
hiding in Cleveland and declare that if
uch is the case he will.be captured
ana unn ima lmuiu - ., -
The fact that Mrs. Rockefeller la very
ill la believed to, an assuraneai that
her husband will b captured bv the
denutle in time to take him into court
. wnen ne I wan tea-to aoDear
witness befoitt Judire LAndls at Chi
cago, to give hi testimony in the Al
ton rebato ease. It Is thoue-ht hv. tha
marshal that Rockefeller will come to
his wlfet bedside as soon as be learn
r.f her condition and of the fact that she
Is growing worso through worry over
his flight from -the process ervera.i -
v.,:. IJmtm 8padl tarvMhl '-f.
Chicago, '.July 8. District Attorney
Blma nas received word from Marshal
Henkel that the latter will be unable
to produoe either -William or John IX
Rockefeller In Judge Xandls' court July
. William Is gs hnrd to find a John.
Henkel 1 stiU on their trait '
"TV
United Railways Will Bring
Up-Yalley Points in Close
Connection With City. ;
Builders of the. United Railways com
pany system will construct line to
Hijlsboro and Forest Grove and bring in
tha. Pactflo Railway "A Navigation com
pany'a road from Hlllsboro to a con
nection with west Portland lines. Thev
wMl also build an eaat side eleotre road.
to Salem,' having acquired the. right of
way of the old Portland Southern Rail
way company,- formerly controlled by
Messrs. Coek, Miller, French and Water
bury, i'
"The stock of the United Railway
company Is owned practically in Port
land, and la controlled absolutely inde
pendent of the Southern Pacific or any
Harrlman lines," said one of the own
er. "It la not the intention of the
builder to make any, further than the
usual traffic arrangements with exist
ing railroad linea in Portland."
It is said the ownership of the .United
Railwaya company at the. present time
rest with seven men.' who have eaual
hares. One seventh pf the stock 1
owned by-each -of the followlnr men:
J3. E. Lytle, Portland: W. C McBrlde,
Ban jrancisoo; e.'-m. Warner, Syracuse,
New Tork; U J.-Wilde. Portland: J. M.
Healv. Portland. The remaining two
eventh are qwned , by two . Portland
men-who have, no business connection
ith exwtina railroads. - These -men
constitute the directory, with .-W.' l
Benham as .president, of . he corpora
tion. 'Arrangements have been made
to finance the construction of an exten
sive system of - electric5 Interurbana in
and around Portland, and money is at-
EAGLE wltt
SCREI ALL
From Early Morn Until Far
Into Night Portland Will
Honor Birth of Country's
Freedom in 'Manner Never
Before Equaled.
Program Arranged Provides
Entertainment for Old and
Young AlikeAll Events
Will Be Pulled Off 'Re
gardless of the Weather.
DENIED BY CALLOW
FOB UNIVERSITY BILL
Program for Tomorrow.
.10 a. m. Grand patriotic pa
rade of civic, fraternal and
military organisations.
11' a. m. Exercise at Mar
quam theatre, patriotic address
by 'Judge Stephen A. Lowell.
1 p. m. Hone race at Irv
lngton park.
2:26 p. m. Aquatic sport on
the river, consisting of rowing
and sailing race and motor-boat
. . , i .
I a. m. Magnificent firework
display a.t Lewi and Clark fair
ground. '-'-
II p.- m. Spectacular Illumi
nation of Mount Hood, Adam
and St Helena.
e
1 (Continued on Pag Two.) .
Portland 1 on the very tiptoe of ex
pectancy awaiting the roar of the .first
cannon cracker at daybreak tomorrow
announcing the advent of the glorious
Fourth, the day that we really cele
brate, when patriotic ardor will burn as
it burns but one a year, and a It ha
never before burned in Portland.
Todav'a eventa compared with wnat
1 coming tomorrow 1 -Ilk the ponies
'auopmg arouna me iraca warming up
or tha a-reat event. rne two most
Intaraatlnr events on todav'a DrOKram
are the automobile racea at Irvtngton
track this afternoon, when Barney old
fleld and other auto sneeders will again
attempt to break more records, and the
iiug-ugty paraae lonigni, nwaw oj wt
rsi regiment Dana. .
, rrlxes for Ugllneas.
Between 40 and 60 prises have been
offered for those carrying off the palm
for a-eneral uKlinessavtrotesou deoora-
tiona. hideous and comical makeup, nov
eltiea. etc. The head of the column will
form where Washington, Burnside and
Sixteenth streets come togeuier, witn
the line of march a follows: East on
Washington to Third street, south on
Third to Morrison, west on, Morrison to
Sixth." north on Sixth to Burnsld east
on -Burnside to Third, south on Third to
Washington, west on Washington to
Fifth.' south on Fifth to Yamhill, east
on Yamhill to Fourth, south on Fourth
to tne piasa ana city nau.
The committee bavins tonight's Da
rade in charge report a large number of
-
. A
JUDGE WILLIAM GALLOWAY,
K
CHANGES
MS
E
SURPRISE
G. K. Wenttvorthof Chicago
Succeeds DK C. Peltpn as
President of Local Bank.
(Continued on Pag Two.)
Ill
Americans Not Even Close Third Against Wily Japanese,
; Says Yanliee" Visitor Who Studied Oriental Condi
4 tions Carefully While on Extended Asiatic Trip.
In the.game of politics the American
t not one, two, three compared with
the professional Japanese poUtiolan, ac
cording to J. W. Oanong, vice-president
of th ! Pprtlan4 Flouring; Mill com
pany, who -returned yesterday from an
extended trip, to Japan and other ori
ental.' countries, ' The , Japanese variety
la. flereen 'more aggressive,' more dan
gerous and . even less - scrupulous ' than
theXmerlcan brand, of. politic. i
It Is the result of the fierce and ner-
slstent tirade of Japaiiese1 Dollticiana
against' the American people-that there
is - Mtterness. ia tn - mikado' realm. 1
And there Is no question about the ex
istence of an . intensely bitter feeling
against American In that country.
"The people are favorable to us, or
ramer were xavoraDie to us, sal a Mr.
Ganong, "until the politicians succeeded
in arousing a feeling of resentment In
Japan thera Is a constant struggle be
tween xne ministry ana tne opposition
party: in other word, between th In'
and 'outs.' The 'out' find fault with
everything and they pounced upon the
San Francisco incident as a glorious opffbeaten her with a lath twice on the
"Their speeches are violent. .- They re
sort to most any mean when' they be
,r (Continued on Pag Two.)
GOVERNMENT AFTER
EXPRESS COMPANIES
At a meeting of the board of directors
of th Banker' A Lumbermen's '. bank
yesterday afternoon, Q. K. Wentworth
of Chicago, president Of the Portland
Lumber company,1 was elected president
to succeed D. C Pel ton, resigned.
At the same time John A. Keating
was eleoted cashier to succeed EL C
Mears, resigned. Mr. Keating was pre
viously second vice-presiaent ana man
tains- director of the bank. - ,
J. K. Wheeler of thla city was elected
a director, as waa also Mr. Wentworth,
both Mr. Pelton and Mr. Mears resign
ing irom me directorate.
In financial circle today the a
nouncement of the resignation of the
two bank official and the anoolntment
of other to succeed them created a
surprise. Among those thoroughly fa
miliar with the banking interest of th
city, nowever, it is said tnat suon action
on the part of the retired official and
board of directors had been expected.
Easter capital Interested.
Both officials at the . bank and the
retired officials today refused to dis
cuss the reason ror the - change. Mr.
Keating declared that th change were
only in the. natural order of things, that
the resignations of the two officials
were tendered the board of directors and
accepted. He further aaid that there
has been large buying of stock of the
Banker & Lumbermens bank in tha
past few months by eastern oapitallaui
who are heavily Interested in western
timber land.. . .. "
Mr. Pelton announced that there was
nothing he cared to say for publication.
"It is true that I have resigned," he
said, "from the presidency of the
Bankers & Lumbermens bank, feeling
that the position requires more time
Court Overrules Demurrers
in Three Injunction Suits
in the Hultndmah Prison
Feeding Case and in Uni
versity of Oregon Bill.
Judge Holds None of Peti
tions Have Any Warning
as Prescribed by Law and
Are Totally Invalid for
Purpose of Referendum.
SOLE SUIiVIVOE OF FIEST COAST celebration.
(Special Dispsteb to Tbt JoaruL)
Salem, Or., July 2. According to de
cisions rendered today by Circuit Judge
Galloway, the effort to defeat the ap
propriation for the State university by
invoking the referendum must fall, by
reason of th omission of the warning
clause In the petition, and for the tame
reason th movement to restore, to the
county board of Multnomah county the
feeding of the county prisoners will also
fail. In other words, th appropriation
for h Bute university will stand, de
spite h determined fight mad against
it by th tt grange, and Sheriff
Stevens will one more enjoy th per
quisites derived from feeding th county
prisoner,
It 1 understood that an appeal wlirj
noraah oounty, and ft 1 expected that
be taken from th decision relating to
tne reeding or th prisoner of Mult-
(Continued on Page Two.!
FATHER BEATS
SMALL
the a-ranxe will also carry their fle-ht
against me university to tn supreme
court.
Court Overrule Demurrer.
Judge Galloway overruled th de
murrers in each of th Injunction suits
of Robert L. Stevens, plaintiff, against
F. W. Benson, secretary of the state
ror uregon, aerejpaant. ana in tne suit
of John. F.. Logan, plain t'.?H, against F.
W. Benson, defendant, and dismissed
tne alternative writ or mandamus in
the case of Eugene Palmer and Cyrus
H. Walker, petitioner And plaintiffs,
against F. W. Benson, secretary of
state, defendant. The decision says:
"These suits are unique in the Juris-
firudence of our state and we believe
he court should be most liberal in con
struing the law In th Interest of th
Dublin weaL but we also believe tha
eventual welfare of all the people will
be best conserved by a strict perform
ance of the essential requirements of
this most wholesome law, guaranteeing
the right of Initiative and , referendum
to the people."
Compliance Btwrt Be Tun.
With reference to the injunction suit
Judge Galloway says:
"It Ja th opinion of the
the statute makes It the dut:
jarinr a petition to publish the
warning by prescribing Its terms and
fixlnr its place on petition, and who
ever undertakes this duty must perform
it at least in suDatance, ana lr ne rati
to a-iva warn Ins: he cannot plead neg
ligence in extenuation of the omission.
His duty Is to obey and follow the
law. i ,
"Nona of the petitioner havlnc any
warning, in substance or at all, as tre-
icrioed oy tne statute, tney are totally
lefectlve and Invalid or the purpose of
- - i, ,
1
. Vi
r
V
if !
i 4
CAPAIN; THOMAS MOUIJTAIN.
WOULD LET BOYS
BAKE THEIR fOII
Councilman Bennett Advo
cates Exploding of Fire
works for Two Days.
(Continued on Pag Two.)
Every small hoy In 'Portland will al
ways, keep a warm spot In hi heart for
Councilman Frank 8. Bennett. .
This afternoon In council meeting Mr.
Bennett introduced a resolution giving
permission to children to explode fire
work from t o'clock this evening until
13 o'clock tomorrow night -.Under the
ordinance in force firework can be ex
ploded only from midnight of July t to
midnight of July 4 and the Intention of
the Bennett resolution is to carry the
children over the two day celebration.
"Boys must have their fun on the
Fourth," said Mr. Bennett this morning,
"and they want to see everything that
is to be . seen. A delegation of little
fellows came to see 'me and explained
that they bad lot of firework to cele
brate with, but if they had to wait un
til tomorrow night they might miss the
big display. ;: They argued, that they
ought to be allowed to explode their
own firework thia evening, inasmuch
as .mere were two oaya or celebration
Let the. small boy with the big cracker
have .hi fun these two days."
CELEBRATED DAY
Little American Squadron:
Held Demonstration at:
Fort Nisqually. , '
Portland Is " th horn , of th only
whit survivor of the first Fourth of
July celebrated on the Pacific coast and'
his nam 1 Captain Thoma Mountain,
4 J North Ninth etreet, a hale old" gen
tleman Just facing hi eighty-fifth mil
stone. f : ." -'-.'
Fisherman, sailor and soldier fn turn-
he came to Oregon . on the lll-fatedl
sloop-of-war Peacock, Captain WUkea,
and as a member of th crew took part
ti
udaon
In Nlaai
bay, Puget sound. The only other per-
in the 'Independence
y 4. 1841. near
it
Jul
DOS
dav celebration.
th Hudson' Ba
of JFort Nlaqually. in Nlaqualiy
DAUGHTER
Child's Back Black and Blue
From Blows With Whip
and Clubs.
Her back welted and blue from shoul
der to knee, 11-year-old Ruth Lambert
appeared in the Juvenile court yester
day aiternoon ana compiawea uiat nor
foster father, Thoma B. Lambert, had
T 4 ""l; "UoerMl" 'gpecM' aerrtre.) S- -
Chicago. July t. Charging . that
Just discrimination is being shown and
th. Hepburn act evaded,5 petitions nave
been .filed-In, th United. 8tate court
by th federal district attorney against
th wnited . States ' National,' American.
Well s-Farao and Adam Emresa com
panles, i . ,
The suit ia Intended, to prevent these
eomtwnle. from extending v franking
privilege to i each : other. It . being
claimed that they, are carrying'fre all
ta of property for offlclal u4 n-1
ployes and the families of men em
ployed by the various express , com
panies, while the general publlo -jta ex
cluded from such nrlvlleaea.
Thla action is - intended to test the
application-or the interstate commerce
law to the express- companies, it being
held that they com under th head of
"common carrier." Express companies
were not subject to the -provisions of
the law until, th Hepburn- act waa
passed, f .i v v". , ' " r ! '
The exception Jjrrahted - th com
panies under the Hepburn act do not
permit ire iransporiauoa ox th prop-
evening of June 24, and that Lambert'
wile nd wnipped ner on w earns even-
ins- witn a atran. liBmDen was arreaiea
nn a rhnraa of assault and battery and
waa arraigned before Judge Sear in the
circuit court mis morning;, ne was al
lowed until Friday to plead. -
Tha little a-lrl told Judae 'Fraaer' In
the Juvenile opurt that Lambert, who
I a large, powerful man. had atruck
her with his fists, knocking her breath
less, ana men oecame angry oecause
ahe dould hot apeak. She said also that
she-had been whipped witn a rop aou
bled. with a carriage whip and with, a
blackanak whip. v
Admitted Whipping . Child. "
Lambert .admitted to - Judge Fraxer
that he had whipped the child, and aald
he had don ao because she had not
told him about bringing her books hottte
from school' when the school year ended.
He had told hi wife to hav Ruth bring
her books home and then tell him about
It The little girl took th book a home,
put did v not how them to Lambert.
Lambert had not asked Ruth rto see. the
books, he said, and whipped her becausv
he did not ahow.them. to hlnui.ii-ii -
Ruth said Lambert took her to th
barn , and - beat ' herewith, a lath. When
I SQUADRON FOR 'PACIFIC
i i.i ' A " .'
Whether Japs Like It or Not, Warships Are to Be ? Sent'
West Anti-Imperialists and Business Interests Pro- i
test, but Their Objections Are Overruled;
r x-
r
(Journal Special ServSee.)
Washington, July . In spit of de
nials the publlo i gravely discussing
the alleged change in the policy of th
navy department .anl large Jntereets on
the Atlantic coast &a well as the "anti
Imperialists" are getting ready to op
pose a move to strengthen the. fleet In
th PaclfldV It la certain 'that a flying
squadron of - powerful cruiser, each
iractlcally equal to any ship ' except
hose of - the Dread nau a: ht class, will
be mobilised on the Pacific coast and
put through evolutions and practice
wTrtch wilt, keep It In a high state of
efficiency ' -
No dlplomatio negotiation are under
wav with any country to prevent such
a move. The state department, depre
cate the continued agitation both in
this country and Japan.-
"Mischief-makers - in both countries
may involve us in trouble yet," said one
of Secretary Root's , assistants, "al
though at the present time ther-1
nothing to cause either government any
anxiety." ;,..',;.
Th embassy here still declines to get
excited over the indignation of th Jap
anese .press. ...'!
It is learned also 'that a number Of,
big battleships are to b transferred to
the Pacific coast .within a few month
son alive who witnessed this Datrlotla
demonstration 'of th little- band of
American sailors, is Chief ' Sluramu
Koquilton. an aged v Indian . of th ,
Wenatchee tribe. - " ,
Roth can tain mountain ana cuter Kanr
auilton were nresent at th commemor
ative celebration last year In obaerrano)
of the alxty-fifth anniversary of th -hoisting
of th star and stripe at
NlsauaUy bay on that memorable
Fourth. Tha wrinkled "Indian. throuKl
an Interpreter told of th eventa of th
(Continued on Pag Twa) .
SMELTER CTRUST 1
jS OEIIIG PROOED
(Continued on Pag Two.)
LIONIZED INDIAIWS;:;
: NEGRO IN DISGUISE
(JourMt gpeeUl Barrlce.)
Nw Tork. July . An xposur of
Antonio Apache, who claimed to be
th grandson .of th famoa Indian
ehif, Cochix. anoV who in th "last two
year ha been lionised by the ladlee of
the New Tork swell set. including Mr.
John Jacob Jlstor and Mr. John R.
Irevl. is printed by th American,
7 a.Umnt. arm maria hv Wllllnm M.
Ciry and - Edwin W. pemlng. Well
known nalntera of Indian life; having
studio in this city, that he Is an 1m
postet. ' jCary ay jUtonlo mother , la
"'.V"v''.''t'-i 1 f :4Oontlnud oa Pa jliripogUi,'Cry ay Jutonl
a negress,' who Waa 'employed by lna.
Russell Sag aa a cook.; -
, Cary aay fc. becam aware of this
fact year airo - when h had Antonio
sent to Sing Sing for robbing his suidto.
Antonio first went "to Cary to ioe s
an. Indian, model, he having oin r -aemblance
to n Indian.- v'ury j-il:. i
a wlg.off his h"ad, showire I s or.i-i,- l
woolly hair beneath tha l.! , ?; t
black locka,
Antonio w.i rfrred tn i
"Prlnc An ... v '
I' rained on a .- r 1
ookn, ' Chtri..- ..
faaiuonaXi . -
Uncle Sam After Guggen-
-heim Corporation ;f or. Vio
v lations of Sherman LawA -
.".I ' "I'- . -!.:,.. , ' 4
; , ' ' ' Mnl -. Special tawrW) Xr'--: ' -
WaahlnCon. July t. Th great "mU
tet- corporation headed by Simon Gug
genheim, ' senator-elect from Colorado,
ha fallen under th ban of the federal
authorities and trust baiting experts, ar.
conducting an ; Investigation to deter
mine -whether it 1 not combination
in violation of the law., atilf
dissolution of-th corporation and po
lbly. criminal proceedings based on ti
fyldeno a accumulated, ... 1 1 considers 1
The ameltr investigation, whr-h vi
personally ordered by President i.nr-..
velt, has proceeded secretly and rfotn
hav "been mad to prevent the
tan Sraeltina- & Refinlntt conn.ativ i
parent corporation, ". from tiicvr ;
mat k l -about to be plact!j fin i ,
grill. The chief lnvwutigatlon l i
not only violation of the anti-tv
but also th relHtlonship n ii
the smelter cornhlne . tnwar i
roRfls which trver t;.
which the wmelttiitT .ii'
It.ls shIiI prtslllv-K- l'.;it .-'
was submitted r " - I
!'inwHl,ln wbi'-'i m i
I rmi k;h .nt-r it.- .
f ti- f ' i i
1 t,