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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (July 21, 1907)
THE OREGON ; SUNDAY JOURNAL, . PORTLAND, V SUNDAY MORNING, . JULY 21, 1007. T. ! iiii ; UHIL THE TRUST LAWYERS illSO Government About to Go After the Brains as Well as the Body. STATUS A8 COUNSEL GIVES NO IMMUNITY When They Wilfully Advise Broach of Known Law They Become Criin lnals and Are Answerable at Bach, Say Authorities. WILL HOT RAISE FEES GRAZIERS Forest Service Official ITas tens With Assurance to Stockmen. UNCLE SAM'S OBJECT NOT PROFIT-MAKING Statement Made In View of Publica tion of Report Calculated to Dis quiet Livestock Interest Princi ples of Service Discussed. (Waahlnston. Barns ot The Journal) Washington, July 19. Another bomb may be thrown Into ths camp of the trusts by V federal government by the announcement that prosecutions are to bs started against lawyers who have aided In the formation of combination! la restraint or traae. incidentally mis fLftSYnn waiiM nrodur eon sternal Ion OFtaont the members of the legal fra-' 1 to Illegal trust transactions, according vt, mu viuvi.i iiiBii uy ilia m ' D 1 uiiint service. , Heretofore counsel employed by trust Bianagera has been Immune from prose . eutlon. No hint have been given that It was the intention to raise the Ques tion of their standing before the crlm lnal courts. In late 1 years the opera. tlons of the larger concerns have been carnea on largely oy nign pricea law yers who were eoected to take an ac tive part In the business life of the cor poration, to devise ways and means whereby desired ends could be attained and the function of the retained coun sel has been broadened from the one time mere advice as to law points to the actual execution of the acts. Wish Trusts' Beal Makers. Confessing to a certain extent that the government's campaign, against the trusts has been abortive, the adminis tration has been extremely desirous of accomplishing something effective, to actually put a stop to the operations of some combination in restraint of trade. Putting in jail the big men who are at the head of the Important mergers which are proven to be Illegal has-been thought to be one means towards that end, and now It Is contemplated to In clude the lawyers in the number of those who may be imprisoned. Discussing the matter, one of tHe attaches of the department of Justice in a vitally important capacity saia tooay: reason of The government holds that no good i Dors the legal profession to continue to 1st In forming and conducting illegal combinations, under cover of their plea that they are merely performing pro fessional duties. The law plainly Is against such procedure by lawyers. Already a case has been decided by a federal Judge In which he held that the governments contention was sound that a lawyer could not come Into court and plead immunity from prose cution or freedom from duty as a wit ness on the ground that his relation ship is confidential and privileged.' " Courts stare Spoken riainly. Tlie official then took down a num ber of law reports and traced out a line of authorltlea to support his position. "Here," he said, "is an authority, Under hi 11 on Evidence,' section 174, Pge 254, which says: of conspiracy to defraud In which both attorney and cllnent participate are not privileged.' . "That means, and the court held that It did, that the attorney may not validly plead to the court that his act was that of a lawyer and cannot be charged against him as a criminal act. "Here's another: 'If attorney and client enter Into a conspiracy to violate the law -neither ahould be allowed to conceal the unlawful purpose under the cloak of professional privilege. There is no confidence as to the disclosure of Iniquity.' (Jones on the Law of Evi dence. ) Wot Counsel, but a Criminal. "And still another court decision In the case of O'Brien vs. Spalding, - 102 Georgia, 490: 'The relation of attorney and client cannot exist for the purpose fo concocting crimes. If the client consult the lawyer with reference to the perpetration of a crime, and they both cooperate In effecting It, there is no privilege, for if Is no part of an attorney's duty to assist in crime he ceases to be counsel and becomes a criminal.' "I could cite you a long line of de cisions which carry out these here given. The law plainly Is that lawyers cannot assist in forming illegal trusts and escape punishment If It be proven that they performed the act. To adopt this policy prosecuting the counsel of trusts proven to be illegal will per haps do more to break up the combina tions than anything else. It would be Impossible for the capitalists to accom plish the merging of different corpora tions in a big trust without the aid of their counsel. The financiers could not proceed beyond the verbal utterance of a desire to accomptisn it. it is tne lawyers who carry out the plans, and, indeed, often even originate tnem I expect to witness the announce ent before long of the government' ontlon of the rjolicy of Drosecullnsr vigor the lawyers who have been engaged In forming Illegal trust com panies, and I expect that It will throw consternation Into the ranks of those whom the government has been after. The Disbarment Cure. (Washington Burns of The Jmniil.) Washington, July 20. "The present administration will not Increase fees for grislng on national forests," was ths statement of Associate Forester Price today, an announcement which will bring cheer to all western owners of livestock. "We have heard that a re port to the contrary has been circulated n the west, and want the facta to be known. We hold that present prices are less than those which would bs asked by private owners of range, evinced by cases of which we know. "The rovernment does not believe !n charging stockmen what might be called the full market value of the grailng privilege that Is letting the use of the i range to the higher bidder and trying I iv mane a. muiit .a uhiuid wui v& land. In other words, it In not In the position of a landlord who seeks to realize the largest possible returns from his holdings. While there is no reason why those who prom inaiviauaiiy oy mak nsr use of the national forest should not help meet the expenses of their protection, the forests are run, fV,r of. public benefit through rightly regu lated use. Much misdirectoa criticism has arisen from the failure of many people to understand this. Forests as Water Conserrers. have reprinted from the Congressional Record the estimate of the forester of the capital lied value of the national forests, totaling some 11.400,000.000, and have assumed that each of the general Items meant that the government pro- Cosed to turn these resources to account y a system of charges. It can be tated authoritatively mat no sucn thing was ever thought of. In their capacity to supply water for Irrigation, for instance, tne forests are immensely valuable, and the capitalized value of this use should be considered by the government as trustee for the public in estimating how much it la worth while to expend in order to protect the water-conserving capacity or tne for ests. But no returns from the users of water for Irrigation were contem plated, nor could any charge bs made under existing laws. "Grazing stands half way between Irrigation and lumbering in the matter of the propriety of a charge. When timber from the national forests la sold It Is sold at the market price. Timber, as Mr. Plnchot said at the Denver con vention, is a 'transportable commodity'; forage on the range Is not. Tavors Those With Beat Klfnt. "To put up at auction the privilege of arraslnfr would onen those who have settled In a region and those who have I a permanent Interest In a particular range to what would often be a ruinous i competition from nomadic cattle and sheepmen. Stability of the industry and the protection of the small settler who helps develop the country along per manent lines is of the first Importance. To secure these ends the grazing fee is put low, and the choice of those allowed to use the range Is made along lines which recognize residents and past users as having the first right. "Though no general advance In the fee will be made, some adjustment In the Interest of fairness will result in certain local changes. Ho Charge to Be a Hardship. "On aome of the new national foreata a lower rate than ordinary waa fixed for the present on account of the crowd ed condition and consequent inferiority of the range. A slight increase In the fee charged will be made In such cases as the ranges Improve in condition and belter service Is riven. Thla will be simply to equalise charges on the basis of the present rates and along the linos of fairness. No Increase will be made above the standard prlcea fixed this year for the different states. "The announcement by the forest service that stockmen need not fear that the rate charged will be Increased to an amount which they could not afford to pay will be welcomed throughout the western states." CLOVEK CULTURE IS AN 0EEG0N SUCCESS "Still another means of breaking such participation of lawyers in illegal trust-forming probably will be to ask their disbarment from practice in the federal courts. It will be shown that the lawyer has assisted in violating the law. and request will be made on the Court that he be "no longer allowed to practice. It would be necessary only to show that he has done so, to procure his disnarment. "I myself," the department of Justice official concluded, "believe that -the legal profession will have to move to higher ground than that which It has occupied In. late years. It has become too common for lawyers of repute and personal cleanliness of life to accept retainers irom corporation managers who hired them simply that they might have the advantage of their superior ability In the law in accomplishing ends wnicn nave peen innioited by law. This la non-ethical. It is more than that it is criminal and should be frowned on. Case of Senator Borah, "If It be true, as all Admit, that to put a few trust millionaires in Jail would do much toward inspiring the business and commercial and transpor tation magnates with respect for law, certainly It would do much toward the same end to imprison a few eminent lawyers who have been Just as much guilty as the trust magnates them selves." A few weeks ago the federal grand Jury of Idaho voted an indictment against United States Senator W. K. Borah on exactly the ground laid .down by the official herein quoted that he was counsel for the Barber Lumber company and as such took part In Illegal acts in connection wiyi land transactions. The Indictment was not' served, because Senator Borah was of counsel for the state of Idaho In the Haievnoa case, Dut win oe actea on so as tne trial or tne laDor men has naea. (Special Dispatch to The Journal.) Brownsville, Or., July 20. Linn coun ty farmers during the last two years have been experimenting with clover raising as a forage and also a hay crop. It is being very successfully grown around Albany, Lebanon and Browns ville, and la now considered past the experimental stage. Heretofore It waa thought It could not be grown, or at least was too expensive to the farmer, as It was thought land would have to be VelJ "manured; but a few practical farmers have taken it upon themselves to prove that clover can be as success fully grown here as In the eastern states. Vetch and rape, have heretofore been the main forage crops, but now that clover can be successfully grown It will crowd out other grasses as a for age. A farmer near Brownsville, Charles Leatherman, cuts two crops of clover durlnc the summer. The first cron Is cut for hay and the second, which Is cut about the first of August, Is threshed. The crop cut for hay is about as heavy as vetch hay. This gives him two crops off the same piece of ground, while the average farmer gets only one and this Is not all. The clover enriches and builds up the soil, so that other crops will yield at least one third more to the acre. The third year Mr. Leatherman pas tures the clover, and by the fourth year the ground Is In excellent shape for raising wheat, having been rested three years. This farmer has obtained such arood results from clover that several others will follow his lead, and next year sev eral farmers in the Brownsville vicinity will each have several acres sown to this, the most valuable of all crops for tne up-to-aate rarmer. A LOWER FREIGHT RATE MADE ON FRUIT The purs food law.of the United States govt, guarantees the pur lty of all drugs sold by the "OWL" DRUGSTORE Jbowsft prion la Orearoa sa Xro-a, Toilet Articles, Standard Bemeoles. Established 1850 Fifty-Seven Yearg in Business Established 1850 Good Merchandise OnlyQuality Considered Our Prices Are Always the Lowest Ihc VICTOR Talking Machine, $1.00 Down, $1.00 a Week : Come in and hesr the nsw rsc ords at our Victor HalL Midsummer Sale Domestic French Lingerie Special prices on all of our superb stock of French Lingerie for this sale only-. Extraordinary bargains in Domestic Underwear, many of which are not advertised. Special bargains in Gowns not advertised. quality cambric; deep flounce, with fine hemstitched tucks; others with cluster tucks and embroidery trimming. $3 Cambric Petticoats $2.23 White cambric Petticosts, made of good quality cambric; flare flounce, with lace edging and three insertions; others with embroidery and insertion trimming. 50c Cambric Cor.Covers 35c Women's Cambric Corset Covers, made of good cambric, lace edge and insertion, beading and ribbon. $1 Nainsook Cor. Covers 75c $1.25 Cambric Petticoats 98c White Cambric Petticoats, made of good quality cambric with deep, full flounce , clus ter of hemstitched tucks and under dust ruffle. $1.50 Cambric Pettic'ts $1.19 White Cambric Petticoats, made of extra 1 Nainsook Corset Covers, of extra quality nainsook, trimmed with lace and insertion back ad front; ribbon and beading. $2 Corset Covers for $1.58 Corset Covers of extra fine quality nain sook trimmed with Point de Paris, Clunv and German Val. laces and insertions, bead ing and ribbon. $1.30 Nainsook Corset Covers, 98c Corset Covers, made of fine nainsook, dain tily trimmed with fine lace; some in yoke effects, beading and ribbon. Cambric Drawers for 29c Pair Cambric Drawers, with deep tucked ruffle, ex ceptionally good value. Popular New "Isabelle" Drawers PopuUr new "Isabelle" Drawers, extra wide skirt effect, perfect fit, no fullness around waist line; made of fine nainsook; daintily trimmed. 75c "Isabelle" Drawers S9e $1.00 "Isabelle" Drawers 85 $1.35 "Isabelle" Drawers f 1.10 A Big Sensational Monday Sale of $500 Lingerie Waists aF$1.95 Special Monday, 300 beautiful and novel Lingerie Waists, made of extra quality lawns, inyarious styles, daintily embroidered, others with clusters of tucking alternating with panels of embroidery. A very pleasing style has yoke of Valenciennes lace insertion and lace and embroidery front. Lace trimmed collars and cuffs, popular three quarter sleeves. A waist bargain no woman can afford (to -t Q r to miss. ReguIa71pT00 values : 4) -L D NONE ON APPROVALr-NONE C. O. D. 75 White Linen Walking Skirts SI? 5? $9 Sale Price $2.95 For Monday sale we offer 75 tailor-made Wash Skirts of pure linen and union linen in this season's favored plain tailored styles, hardly any two alike Strapped, plaited, band, embroidered or plain effects in greatest va riety. All are cut with a generous fullness and stylish flare. Ideal for the warm July and August days smart, stylish, cool. Sold regu larly to $9. Be early in the morning and get your choice See Corner Window Display No Phone Orders None on Approval None C O. D. $2.95 1 ff frr CI flftThe Marion Harland Cook frJ.UU IOI 4i-UUBook, always sold at $2.00; newest edition, bound in washable cloth, and a year's subscription to The Home Magazine, regularly $1.00 all for $1.00. 50c Boxed Stationery for 23c Box of Scotch Fabric Writing Paper, finest linen finish, latest shape, with envelopes to match 50c values for aGajC Another Big Summer Xtwr'DrugSale Big special values for Monday. Some drug stores may copy these items later in the week, but remember we sell ALL drugs and toilet articles at low cut prices at ALL times. '50c Welch's Grape Juice for 41c 115c Bicarbonate of Soda for 4c 50c Cream of Tartar, 1 lb. for 33c 7C package unscara Bark, Owl out rate, I for. idc nenaeroon jryspepsia l ure, cut rate. 6o Llthla Tablets. I-gr, Owl cut rate iAllcock's Porous Plasters at 10c 2 Boxes Mandrake Liver Pills, 25c $1 Physician's Rubber Cloves 55c 11.00 Shoop'e Reiterative, Owl cut rata.... 80o Henderson's Liquid Shampoo, Owl'out'rata ' i.uu ifenoersonrs jjanaruir (jure. Owl out rat $2 Dupuy's Pennyroyal Pills 39c 1$1.00 Bottle Wine of Cardui for59c 50c Thespian Cold Cream for 41c Zoo Bun Cholera Cure, Owl out rate 16s) 11.00 Pierces Golden Medical Discovery. Owl out in. . . . tic bottle Ross Water, Owl cut rate . . . . a vu m Societe Hygenique Soap for 32c 50c Dr. Charles' Flesh Food, 43c 50c Palmer's Perfumes for 35c Bradley's Woodland Violet Talcum Powder, ..ISM 2So Vantlne's Oriental Talcum Powder, Owl cut rate ...ISM 11.00 Celluloid and Rubber Combs. Owl cut ft T6s Fairy Soap, 1 Dozen Bars for 45c JWoodburys Facial Soap for 16c 25c Resinol Soap, Special for 17c !6o Pas-pert & Ramsdell Cream, Owl out rats.! zoo fona s Extract cold cream, owl cut rata. S5o Satin Skin Cream. Owl cut rate De Miracle Cold Cream. Owl cut rate Rubber Bathing Caps and Traveling Cases lowest prices. atherbloom Taffeta Petticoats Ideal for djl Qr Summer Wear 14) JL J 100 Heatherbloom "Taffeta Petticoats, black only, made with deep racked flounce with a ruffle shirred through the center. They can be washed and retain all their beauteous luster and surpassing finish. They have the delicate swish and rustle so desirable. They never crack; cost half as much as silk; wear twice as long; 4 times better. For this reason they are much worn on outings and vaca tions where a high priced petticoat can be easily tfj-s g r ruined. Most extraordinary value Monday at ip,7J If 500 Yards 40c Embroidery, 15c! 10,000 Yds. 12jc Torchon Lace, 3c $1.00 Allover Lace and Embroidery, 35c 5,000 yards of Cambric, Nainsook and Swiss Embroidery, S to 18 inches wide, f f both corset cover and flouncing embroidery, value to 40c a yard; special IOC 10,000 yards Torchon Lace and insertion, 1 to 3 inches wide, value to lS&c O yard; special Monday JC 1,000 yards 18 and 22-inch Allover Lace and Embroidery, good patterns for QC waists, value to $1.00 a yard; Monday special ....K)C Taroutfi Sleeping- car Berries to James town Exposition. Erie railroad has inaugurated through sleeping cars, leaving unicago every night at 9:30 p. m., arriving at Norfolk second morning at 1:30. No changes neceseary. For run information appl to any agent or writs u. M. wraig, P. A., Seattle. h" Spcll DUpatch to Tb JoaraaL) Salem,', Or., July 20. By reason of the state; railroad cemmisslon authoris ing the O. R- & N. company to make a tariff of 40 rents ner hundred in carload minimum of 20,000 pounds on fruit and vegetables fresh from Maker City and Elgin and other way ports to Portland, fruit growers In eastern Oregon will ob tain much better rates on fresh fruits shipped td Portland canneries snd pack- in a- nouses. In his Utter to the commission, R. B- Miller of he O. R. A. N. says: "Last year we applied for a rate of '40 cents per hundred pounds on cherries in car load of mtlnlmum 20.000 pounds from Union and (La Grande to East Portland. The Orea-oa-i Packing company of the latter placed have two cars to move from La Grande 'and Union and asked us to apply the same figures. They wish to make shipments Tuesday or Wednesday. We would like to publish the tariff ef r.Ma nn Tnlv 23 and make It apply on fruit and vegetables fresh from Baker City, Elgin and intermediate points to unninnit anrt Rast Portland. which would cover fruit of all kinds, and take care of shipments which the Oregon Packing company wish to make as well as any others." BOSTON PHONE CO. Bnter Field With 98,000000 System As-alnst Trust, Backed by Karrbnan. (Special by Leased Wire, ths Longest In the World.) Boston, Juno 9. E. H. Harrlman has entered the local telephone field by of fering to back an Independent company against the trust. He has guaranteed $6,000,000 to insure the installation of an independent system in this city. In a very few weeks it Is probable the new company will decide upon Its system and tne work of installing an exchange of about 1,000 subscribers will be begun. San Francisco Examiner. BIG WHEAT YIELD IN WHITMAN COUNTY (Special Diapstca. to The Joqrnal.) Garfield, Wasn'3 July 20. Several farmers began harvest work on a small scale this week, but by next Tuesday the hum of the binder will be heard In every part of the great Palouse wheat belt Ths Palouse country will have a full . erop this season and the quality will be excellent. There lias been no hot winds this month to swivel the grain, but Instead we have had cool weather with 'Occa sional showers. Last year, July and August were hot months, with no moisture. The result waa a very Iara-e per cent of low grade wheat and what a Palouse farmer would term a short crop. Whitman county alone will pro duce 10:000,000 bushels of wheat this season and there will be but very little or it but what will grade no. l. Ught X,onoheons for Sot Bays. Bummer time Is the season when light refreshments of some kind are needed almost every day for little trips and outings to entertain casual guests and for luncheon on days too warm for heavv foods. There are many summer-time bis cuit and wafers baked by the National Biscuit company and packed in packages that keep out all dampness and dust of travel and absolutely preserve the or iginal ovenrresnness or ine content Among the most popular of these dain ties are Social Tea Biscuit. They are so appropriate for many different occa sions that a few packages In the house prepares you to serve a light rerresh ment without a moment's notice. Social Tea Biscuit are a real food, but so light and unusual that they tempt the appetite and make a welcome ac companiment to luncheon, dessert or din ner a social cup of tea or cooling bev erage. Always serve Social Tea Biscuit from the original packnae, because then you are sure that no oust or dampness has reached them and that you will enjoy all their original freshness of flavor. Money in Berries. (Special Dlapatch to The Journal.) Weston, Or.. July 20. W. H. Gould has two acres of berries on the Weston mountain, and when the season ends he will have sold nearly 200 crates, besides using much of the crop for his own use. He has sold his berries at an aver age of 12 a crate, making about $400 gross for the two acres, as against a cash expense of only 11. Oriiiinal Styles. 1 Exclusive Scotch and English woolens. fiolbrook & Leveen, Couch block. REVOLUTIONIZE OGA BERRIES Fruit Drying Experiments Prove a Success in the Willamette Valley. (Special Dispatch to The Journal.) Balem, July 20. What promises to revolutionize the growing of logan berries In this section has just been brought to the attention, of the growers of the Brooks. Lake Lablsh and Clear Lake neighborhoods. It la nothlns but the drying or evaporating of the logan berries and that process of preparing tne iruu ior market may yet solve tne problem of possible overproduction and of marketing at nun -remunerative firices. When some weeks ago tho oganberrlea became so cheap on ao count of ths oversupply on the Port land market, local growers lost heart for the time being. In an industry which is destined to 5 become very im portant and to bring thousands of dol lars Into ' this valley. While thus despairing - of coming out even In the production of their crops some of the frultmen of Brooks took some of their berries to Dayton in Yamhill county to have there dried. When properly dried and packed the. evaporated loganberry s said to command a price of 25 cents per pound, which would guarantee to the growers a quotation of 11.25 to tl.SO per crate, which the arowers con sider remunerative. la past years evaporated raspberries have found a ready market In the east but now the demand Is so great that it cannot be supplied. It Is thought, and with Rood reasons, too. that the logan berries would prove a splendid substi tute for the raspberries, in raot, east em flrrnn are looklna forward to Or gon to supply the trade with thla kind of evaporated fruit. Hon. W. K. Newell of Gaston, presi dent of the state board of horticulture, received a letter some time ago from an eastern Arm asking lr any expert merits had been made In this state In drying and evaporating loganberries, which they believed would find a ready market in tne east, ine loganDerry ln dustrv In this section is yet in Its in. fancy hut the acreage la Increasing each year and will In a year or two as sume tremendously large proportions. The fact that the loganberry will be purrnasea eitner as a green or dried product makes the berry exceptionally profitable for the farmers to grow. Tha exDerlincnts or evaporatlnar lonn berries conducted at Dayton by'D. A. Snyder have proved successful. Tha canneries so rar nave not Handled tha loganberries extensively because thers Is as yet no great demand for. tha canned product. So large haa been tha crop In Oregon this year that tha loganberries have perhaos been th cneapest oerries on me market. A. M. Aspinwau or crooss. wno tint rnn. ceivea tne iaea or arying the logan berries, believes thai thev lend thm. selves to that process adminhU an reiain niutu ui wisir juicy qualities. Potter Schedule for Beach. The steamer Potter will ss.il mm Portland, Ash street dock, next uk as follows: ....-.,.-J,... Monday, 11 a. m,: Tuesday it, a'nimk muuu, nniuj,,ju i nursdsy 7 a. m.; Saturday, a. m Get tickets and make reservations at city ticket of ScT"'11 a1? Washington streets. C. W. Stinger, city ticket agent, .j - Need a fresh nsw straw hat Special sals Robinson 4k Co, sags 47. . HOTEL MOORE onor axx thx txam. CLATSOP BXAOK, SXaaTDX. O1XQ0B, The Cliff Xoaae of Oregen, Directly on the beach, overlooking the oeoaa. Mot eau Mtoa ana sari batting. Boeroation ptor far rlahlof . San parlor, lactrle lights, fireplace and fornaes soot. Hoe walks and drlvas. Saa foods s speelsllj Rates, $2.50 and $3.00 per day SPECIAL RATBS BT TBI WICK. DAN J. MOOHI, rtoa. LOCKSLEY HALL SEASIDE, OREGON your vacation ai awnaa ana bi I Locksier uau. Mora attrse- " Boend dellrhtfu tlva than ever before, Accommodations or the highest oraer. unt nuaaraa sis' f ant outside rooms; private baths; ales, rio lights; : ot and cold water. Annex overlooking ths paelflo sad de. HghtfulTv situated eottagea. - - Onlslas Tmsarpaaaed. Ba yoods ft Spaoialty.' - t; :r--:-- .:.,-v ds rasa bttb bosbtb axx. rsAnrs. r. I, axtstzb. x a. cAjttisu. rwps. HOTEL APDUBON a nuictaco-XTOomv rtair oinr. ingle iooas e ea soli., , af. mt. eb-otrlc Bfhts as4 all - o..k- ping SMtars. o n "u TfclrS aod TowoMBd P ,U gJIU St., .. ... . -ft aV AH :i. I,'.