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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (Aug. 3, 1907)
j r LANDIS NOW AFTER . ALTON RAILROAD FOR GRANTING REBATES Federal Judge Imposes Limit Upon Rockefeller's Pet Monopoly for Ruth lessly Violating Laws and Orders Grand Jury Impaneled to Prosecute Line as Equal Partner in Law Breaking (Journal Special Serrlee.) Chicago, Aug. $. A fine of 129.840,006 was Imposed upon the Standard OH company of Indiana this morning by Judge Landls. In the concluding words of his decision Judge Landls said: 'The law prohibiting the preferential railroad rates was passed 20 years, ago. Its adoption was preceded by vigorous opposition by the beneficiaries of va-1 rious practices. Immediately thereafter these persons set about to devise plans for Its evasion. The decrees of various courts and Investigation by the Inter state commerce commission show' there hat been an employment of a large v' rlety of schemes to accomplish this re suit. "Finally In 1903 the Elklns law was passed. The hope was entertained that the law would put an end to the prefer ntial rates, yet beginning a few months thereafter, the Btnndard Oil company procured ,1,900 carloads of property to D snipped at an uniawrui secret rate, Judge F renounces Heavy Tin. "For this offense the Elklns law au thorised a punishment only by fine, an obvious defect, remedied, however, by the business of a judge to administer the law as he finds It, rather than, -ex patiate upon the adequacy of punish' merit authorized for Its Infraction, "It Is the judgment and sentence of this court that the defendant, the Standard OH company, pay a fine of 129,240,000. One thing remains. It must not be assumed that in this Juris union tnese laws may be ignored, n are not obeyed they win be forced. Rs-nlaln demands of justice reaulre mat tne xacis aiscioeea in tnis proceed ing be submitted to a grand Jury with a view to a consideration of the conduct of the other party to these transactions. Let an order be entered for a panel of 0 men, returnable at 10 o'clock on the morning of August 14. The state's dis trict attorney Is directed to proceed ae ordlngly." Jury to Investigate Alton. The grand jury ordered will inves tigate the charge of rebating against the Alton railroad. All through his do cislon the court exhibited the evidence that the Altm is equally guilty. W UBBBBL I He reviewed the waybills, tariff and schedules showing that upon the appli cation of the Standard Oil company the Alton rendered the trust an official statement that the rate of oil from Whiting, Indiana, to East St, Louis was 6 cents, whereas the rate to the public wm in cents. "Thla alleged occurrence between the trsrnc manager and rate clerk will re ceive more detailed consideration here after." said Judge Landls. Overrule Defendant's Objections. Judge Landls said It was necessary io snow wnetner tne standard had ao cepted the concession knowingly, de claring that an honest search by an nonesi man would reveal the legal rate. He added: "The law does not permit the shipper lw numB inai a ceriam rate is the legal one. He must know. The court la not Impressed by the doleful predic tion of the defendant's counsel that the enforcement of this rule will work hard ships on an honest shipping public." The court construed the Taw as not giving the defendant any Immunity from punishment. He said the Stand ard had been an old offender. The decision contains 7,600 words and took Judge Landls 65 minutes to read It. Attorney Starr for the Standard OH company objected to the final entry of the order because the defendant's attor ney was not present. This objection was overruled. Starr then wanted the Judgment set aside because, he said, it Violates the elahth amendment nf thn constitution, which prohibits the inflic tion of excessive fines; the court over ruled this and many other motions. Sixty days were given the defendant to file a bill of exceptions. The case goes to the court of appeals in January. Judge Landls is the most talked about man in Chicago today. All attor neys agree that the decision ham niv nar. allel, in . Anglo-Saxon jurisprudence. Court Boores Defendant. Judge Landls called the Standard an enemy of society and a contaminator of Virtues. He added: A oonceptlon of the execution of such commercial DOllcv contamlnatns thn subordinate officers and employes even musing io tne ume wnen tneir testi mony win be required for the Drotectlon of the revenues of the chief offender (Continued on Page Two.) II The Mammoth Sunday Journal Chuck full of News, Pictures, Stories, Special Articles and features Unexcelled in Northwestern Journalism. THE FORTY-YEAR WAR ON LOTTERIES How Unci .Sam ha given the death blow to the evjl. , WHERE ROLL8 THE OREGON By Katherine White A poetio de scription of a trip down the most majestic of American rivers. AT JAPAN'S VAS3AR Social ethics important to daughters of the em pire who are to protect its manners, V ,.; . -i&p- ENGLISH PEERS CREATED FOR CASH Payments ' on a 1 graduated scale according to the rank bestowed. Any one can become, noble. . : STRAWBERRIES By Count Leo Tolstoi A characteristic : Russian story by the greatest of living Muscovite authors. , v 5 : f , MILLIONAIRES -UNDESIRABLE CITIZENS Hot shot from England upon our multls.: Carnegie the worst jof the bunch. , 1 THE PHILIPPINE MISSIONS--N0 knockers ; In : the' Island worker." United effort for church,. Advancement amonf the Filipinos. , - .. . AMERICANS COMPLETE INVASION OF ENGLAND- "Palaces' of nobll ity along the Thames purchased or leased by the very rich. OKLAHOMA'S REALIZATION OF UTOPIA How she planned to bene, fit all classes and te make, the bauot box supreme. v.,: -v-,- - CHILDREN WITHOUT TOYS OR JOYS Why the little blaeJca of it y rlca grow up-10 oe savages, -iney ao not smue or sing. .-,-s; t -'; w SSASSINS (CELEBRATED BUTCHERY WITH BANQUET Alt ' Italy , excited over wealthy dilettante who murdered on the sly.i',i" ; SI SELLS MAUD No wedding bells for him. Jimmy he sees the country going to' ruin. . Does . Sunk get itl You bet he does. 'sAi :r-. AtL THE NEWS OF THE" WORLD By spe61a leased Wires the longest ' in the world from the United Press .and the Hearst News Servloe, . supplemented by our own pelsl-pmsponden.y;i-C..;1,(fSY IN THE SUNDAY JOURNAL r X I. PM BIGGEST ! MR ASSESSED Mr M I " i I ji lil I 'Vl-s..t 1 1 r e T v , ... vs. r m 1 T IS, 1 . ,i I ' 'i 1. v I IWUatllTsiniililWIII'IW""' si.iiwm ' ' -sssJstWSWssS.s UNITED STATES DISTRICT JUDGE KENESAW MOUNTAIN LANDIS. ORDERS NUISANCE ABATED Market Inspector Evans Notifies Zimmerman Packing (Company to Close Up Its Slaughter-House, Which Violates City Ordinance. ' Market Inspector Sarah A. Evans thla morning ordered the Zimmerman Pack ing company to close up Its slaughter house on1, the " Macadam road, charging that It has been operated . for the past two' months in violation of the general city health ordinance. Acting upon In formation given, by Mrs Evans, who made a visit to the plant yesterday aft ernoon, a warrant .was issued from the police court on complaint drawn Up. In the cltr attorney office this morning for the arrest of L, Zimmerman. pro prietor of the packing plant, and ball was. fixed at 1300. ... Zimmerman... 'who is a" former 4ltnanf and ;weil known politically in Portland, -is expected to carry th case Into the -supreme court - for settlement, although the court decided against him some two years ago upon the same mat tor and he was compelled to close down hlsiilant. w , , Mrs, Evans has Invoked th aid of tTie general health ordinance la her ef fort f abate the alleged nulsejoo by th slaughter house. The ordar spe cifically forbids the operation of suoo a plant is Zimmerman's. At the city at torney's, office this mornmg it Was be lieved that Zimmerman would take refuge in the provisions of what is known as the "abbatolr" ordinance. This ordinance, under which the Pa cific States Packing company attempted to operate the same plant, is declared by city officials to be void because it conflicts with two general health ordi nances previously passed. ... Franchise Granted. - Despite the fact that the conducting of a slaughterhouse within the city lim its was published in a general health ordinance the city council passed an ordinance which was approved by Mayor G. P. Frank, August 6, 1896. granting a franchise to L. Zimmerman, because It wouliif'be of "material advantage to the city," and stipulated that the previous ordinance not apply in this case. The action of the cuuncil raised a storm of protest from residents in the vicinity of the slaughterhouse anC the matter wu taken Into the courts, th. su Drama court upholding the ordinance; - Zlmmer- Continued en Pag Two.) CAN REMOVE OFFICERS WHO FAIL TO ACT The statutes denning the duty of officers in enforcing the gambling laws of Oregon fol low, sections 1944-5-7-8-9 of Bellinger and Cotton's code, part of an act passed in 1876 : f "Section 1950. Especial duty of officers to prosecute for gambling. It shall be the espe cial duty of each district attorney, sheriff, constable, city or town marshal and police officer to inform against and diligently prosecute any and all persons who they shall have reasonable cause to believe guilty of a violation of the provisions of this act. "Section 1951. Penalty where officer refuses to prosecute for gambling. Any officer named in the preceding section who shall refuse or wilfully neglect to inform against and prosecute offenders against this act shall be deeied guilty of a misdemeanor and on convic tion shall be punished by a fine of not less than $50 nor more than $500, and the court before which such officer shall be tried shall declare the office or appointment held by such officer vacant for the balance of his term." LEAVE OPEN GAMBLING BUT STOP BETTING UPON RACES WILL TRY TO QUIET Order to Stop Poolselling Kesult of Conference Be tween Sheriff and Mana - ger District Attorney's Brother Is Club's Lawyer. Pool selling at the Milwaukie club will be closed. This aetlon,it Is said, will be taken as soon as I. L. Hlldebrandt. son-in-law of Colonel W. E. Applegate. one of the proprietors, reaches here from Spokane. A telegram has been sent him to come, and his forthcoming order to close down the pool selling is said to be the result of a conference held between Sheriff R. B. Beattle of Clackamas county and J. E. Cullison, manager and handicapper of the gambling resort, in which the former suggested that the pool selling feature of the gambling house be closed untu the agitation against the notorious place blows over. It Is the belief of the proprietors and manager of the Milwaukie club that the fight Is being centered on the pool sell ing. With this feature eliminated, it Is thought, th antagonism against the club's violation of the laws will die down, and the club will later be allowed to resume operations. CSub Vat on Extra Hen. Since The Journal began the expose of the Milwaukie gambling den, the manaeement has put on an extra "look out" man, and In consequence only pro fessional gamblers and persons known to the fraternity Arc allowed to enter the place. Oregon uityresiaents wno nave in resort have almost given up hope of COUNTY OFFICIALS OF CLACKAMAS.' pit mmmM wmi ; kmi ) .w:'S 1. V t t Mf h 1 : SHERIFF R. B. BEATTIE. DISTRICT ATTORNEY HEDGES. GAMBLING DEN PROVES GOLD MINE TO OWNERS Huge Profits of Milwaukie Club Oyer a Million and.' a Half a. Year Wagered Upon iaces by Portland People Who the Owners Are. ; ; In stituted the fight against the infamous receiving any assistance in the enforce ment of the laws, either from Sheriff Beattle or any other official of Clacka mas county; V "Sheriff Beattle and District Attor ney Hedges could close the place in IS minutes, and close it for good," was stated yesterday afternoon by a well known resident of Oregon City, and the conviction was echoed by every citizen who is desirous of seeing the laws en forced, v But Sheriff BeaYtie will do nothing. He has said that in so many words. (Continued on Page Two.) The Milwaukie club, th gambling den at Milwaukie, is owned by a eyndl cate. a majority of the members of which are interested in other poolrooms In vaTlous parts of the country. The principal owners are: Colonel W. E. Applegate, the Kentucky turfman and poolroom owner; I. L. Hlldebrandt, his son-in-law, and Isaao Gratton, famil iarly knbwn as "Frenchy" Qratton, the hportland manager, who. for a quarter of a century, has been well known as the owner .of gambling-houses In Ore gon. The Incorporators of the club are Ralph E. Moody, S. J. Jones and V. Qratton. The club was incorporated February 1. 1907. for "the purpose of selling and buying wines, cigars, liquors and real estate." In connection wltn tne MiiwauKie club, other poolrooms are . now oper. ated. or have been operated at Tacoma, Seattle, Spokane. Walls. Walla, Helena. Butte and other citle of the northwest Some of these places have been closed by authorities and- some Closed because they were not profitable, but from its Inception th Milwaukie club has been one of the most profitable enterprise of its kind In the country. . Xu-e Fronts Made. ' Some Idea of the great profit and enormous amount of business transacted by the Milwaukie club can be guessed at when it is known that the average amount of money wagered at the club exoeeds $5,000 daily, or approximately $125,000 a month, or $1,500,000 a year. Some days as high as $10,000 is planed. and; $3,000 bets ar Sometimes cashed by $2,000 the house. which " must be (Continued on Pax Two.1 CITIZENS MAY CLOSE DEN IF OFFICIALS FAIL TO ACT Vi i 'L .'''.VhUb J REV. iOHN M. LJJJDJEN. s T ' ;REY..J. .R. SANDSBOROUGIL .... 1 1 " People Incensed at Action of Authorities--Question , Is One of public Welfare. ' . Incensed at th inaction of th county officials of Clackamas county, (he rain-" tsters 1 of Oregon CJty. ' together with leading; cttisens of the , county,, will en deavor "to compel District Attorney Hedges and Sheriff Beattle to close th -Infamous Mljwaukle club anQ stamp out gambling . wherever . -It, crops out lit Clackamas 't countyv It the offlclaJs do npthing to stop betting on horse rw- and card 'games, the ministers ,denr the cttisens will tak4 the marter I u their . own handstand close the r . upaided by? Hedges and ri-ft!' , Never before have V- ' Oregon Ci'.Y been " : i question of public 1 - the prenent time p . ' i - 1 thst floni(nhf" s.- r ' ' Willnmpito. 'i 1 ' ' , ' ' ' one of ;
