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VOL. VII. .NO. 144.
PORTLAND, OREGON, FRIDAY EVENING, AUGUST 21, 1808. SIXTEEN PAGES.
PRICE TWO CENTS.
ON TRAINS AMD NEWS
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E
H . . .
GOVMWT
RECTO
STANDARD
0
CAS
mm
ins
DffiN
Papers Asking for Rehear
in? -of $29,400,000 Case
Filed Attornejr-General
Bonaparte Gives Personal
Attention to Legal Battle.
OFFICIALS OF AUSTRALIA
PAY TRIBUTE TO AMERICANS
Text of Federal Attorneys'
Arguments for the People
Exceeding Care Used in
Drawing Up Answer to
Circuit Court's Reversal.
Chicago, Aug. 21. Counsel for
the government fired the first gun
in what will he one of the great
est legal struggles of the times
when he tiled the petition for re
hearing in the case of the reversal
by the United States court of ap
peals of the findings of Judge"
Landis in the Standard Oil case,
involving a fine of $29,400,000 for
rebating in Illinois.
Attorney-General Bonaparte has
taken the case under his persona
direction, and has had frequent
conferences with President Roose
velt.
The scope of the petition for re
hearing shows that the govern
ment attorneys have gone ex
haustively into the reversal opin
ions of the circuit judges, and
with exceeding care have framed
up their plans.
GOVERNMENT'S
CONTENTIONS IN
REHEARING CASE
I
I '
r :"
m
-.4 . :r .v .
, . .4
If. '
i - ; -v - - I I
COMPETITION
FOR PAVING
COMPANIES
Monopoly of Street Work
Held by Warren and Bar
bur Companies Threat
ened by New Firm Backed
by Seattle Capitalists.
Kern Stone Quarries to Be
Utilized Companies Now
Doing City Paving Are
Aroused at Impending
Break in the Combination.
(United PrtM Lai4 Win.)
Chicago, Augr. 21. Synopsis of pe
tltlon for rehearInK In the case of the
Standard Oil company of Indiana vs.
Unltl States:
The government presents lt petition
In accordance with the rule of the
court.
The indictment In the case was for a
violation of the Elklns act of February
19, J903, making It a crime to accept
a concession whereby any property Is
transported In Interstate commerce at
Jess than the published and filed rate.
It wag proved at the trial that the
Hord. and Jjady Xorthcolo. Lord Xorthcote Is Governor-General of Aus
tralia, and .Wijl Jtocoive the Officers of the United Slates Italtleshlp
Fleet When They Visit Melbourne.
By" H. I.ee Olotwnrthy, Staff Corre
spondent of tho I'nlted l'rtss, With
the Atlantic Fleet.
Sydney. N. S. W, Aus. 21 The first
day's formal entertainment of the offi
cers and sailors of the American fleet,
has come to a brilliant close with Uio
official dinner given by the state de
partment In -honor of tha visitors. The
speeches were diplomatic but fervid In
references to defense against probable
Aslatlo aggressions. The tendency of
the speeches was to cement the ties of
the whites for the defense of the Pacific
Islands. Lord N'orthcoto. governor ecn-
eral of the commonwealth. Prime Min
ister ueakln and the governors of th
states all. paid high tribute to tin- United
Htates and nlgli compliment to the fleet
and officers. Admiral Sperry and hli
officers responded to the welcome and
expressions of good will in full measure.
1 he electrical elfects In the decora
tions tonight are mnccnif icentand have
never been equaled in this section of the.
world. The theatres are all fr to the
American sailors, and ths whole city Is
using every possible means of making
the visitors enjov themselves.
1 ne parade yesterday, in which the
American sailors marched with arms.
but without ammunition, caOsed the
Rteatest enthusiasm, and the dav was
successful In every feature.
Saturday's 'program Includes a rail
way excursion In the morning. In tho
afternoon there will he a naval regitta.
root nail and basenail games and an ex
hibition by tho fire brigade.
An "at home" reception and dinner
win no given on board his ma.lesty s
ship Powerful. At night there will be
a tjrent rlreworks display and a mag
nlfieent Venltian carnival.
LOBI) NOBTHCOTE
EXTENDS GREETINGS
TO PRESIDENT
(rutted Press Lenspd W!r.l
Oyster Hay, I.. I.. Autr. 21. President
Roosevelt today received, through the
British charge d'affaires, a cable mes
sage from I-ord Northcote, governor
general of Australia, describing the re
ception of the American fleet at Sydney,
extending greetings to president Roose
velt and expressing great admiration for
the officers and men of the fleet. The
president wired a reply thanking the
governor general for tiie cordial expres
sions am returning- the compliments of
this country to Australia. In closing
Hoosevelt said:
"For the American navy Is a menace
to no power, but Is, on tho contrary,
ns we believe, an asset of high Import
ance in securine peace and Justice
throughout the world."
That tho Warren Construction com
pany and tho Ilaibur Asphalt company
will have competition In laying bitum
inous and asphalt pavements despite
their letters of warning to the city
government was learner today when
It was reported that a comnanv with
a large capital hacking ha.l been, formed
to engage In laying street pavements..
jusi who are duck or the company is
unknown but It Is reported that Lxinlel
Kern nnd two Seattle capitalists ar tha
moving spirits.
According to the report the new com
pany will have the use of the large
stone cuarrles owned by Kern on the
i oiumbla river from which a supply
or crushed rocK will be secured, other
arrangements are also said lo have been
made lo secure sand, asphalt and other
materials needed In the composition of
nie paenietus.
Surprise Is Sprung-.
The announcement of tho coming of
a new company to throw down the
gauntlet to the old companies crime as
a surprise to couTicilmen and other of
ficials at tho city hall this morning.
For years the present companies have
had things all their own way in th
matter or Installing pavements despite
the provision of the city charter to
the effect that no patenied pavement
shall be allowed on Portland streets.
It Is thought that this provision was
mo ractor that finally decided the new
company In entering the Portland field.
Whether it will be able to accomplish
anything or not 's doubted by Council
man Kellaher. who has been leading a
fight against the Warren Const rip-t . .n
company. Kellaher said toda thit lie
did not think the new compiinv would
bo able to pet materials with which to
manufacture the pavements. lie .(in
tended, however, that the Idea Is a rood
one that tho new eouipanv as v.-il as
any other person or corporathct has as
much right to lay bitulithic and asphalt
pavement as the companies which have
had a monooly on the Industry in.-Port-land
for several jmts.
Glad of Competition.
Kellaher scoffed at the patent :hts
of these companies and ridiculed ihelr
letters to the executive hoaid and mayor
In which prosecution was threatened f
the city attempted c (ntall thee kinds
of pavements vith";r giving the con
tract to the eompaiiies.
KeJlaher takes the sanie v
While hams grieves in cell
his wife calls husband and
brother pair of scoundrels
T. Jenkins Haiiis Coolly
Admonishes His Brother
to Keep Quiet, Saying All
Will Come Out Bight in
End.
(United Pren I.eused Wire.)
Xew York, Aug. 21. Another
sensation developed today in the
Hams case, when Mane Louise
Sulmande, a French maid who
si fr situ 1 lHxM iv
5 xK:y: nib W? & -
sr w ai minim wi
wl i&ffcAm for. I
Mrs. Potor tooper Ilalns, tho Woman in tho ('asp. Captain IVtrr Cooper Hains, the Soldier anfl the Husband;
and, Lower Down, T. Jenkins Mains, Author of Hooks and Maybo of Domestic Troubles.
lias had charge of the tw
cliil
!ren ot l. enkins Jlains, ile-
clared that Jenkins is the father
and she is, the mother of one of
the children, both of whom were
supposed to be the children of the
wife, now deceased, of Jenkins.
Mrs. T. Jenkins Hains died at
Washington in 1 !0(.
The Sulmande woman alleges
in I V-
(Contlnued on Pago Five.)
BRYAN READY 10
Kl 1HE FIGHT
To-Speak on Tariff at Des
. Moines Tonight To
Meet Labor Leaders.
EIGHT-STORY ANNEX
FOR CORNELIUS HOTEL
LATEST BUILDING DEAL
(t'attrd FreM VrttrS Wlr t
I-s M ines, Iowa, Aug. 21. William
J. l'ry.-n arrived here at 10 o clock thll
morrlng nd was efcorted by the Drmo
cr.itie club to Ms hotel, wher he It
prpirlrg for the opening of his cam
pnlen in his tariff p"eh tonight.
He wert to hi room lmmfdlatIy
after his arrival sn1 gave order that
he wsn not to be disturbed until thl
afternoon.
Tonight speeeh will ! tha first fun
of tht rvmrwrntlc campaign and thu
flrt pHrh mart by th rommrmer
lne hia peech of acceptane ( Lln
riln last eek. Bryan ha unnouncM
that he win deal with th tariff. on of
the big Issues in the campaign.
He will rrlv at Chicago tomorrow
to begin a conference with Oemnrratle
lors anl the labor union cffl,Ul
which la expct1 to have an Important
bearing or. the campaign
At the name time that Bryan la 41a
euaelnc ! cam-ln with t he mn
gera, the rnnferenre of national a4 In
terrailonaP leadra afTiliatM with the
Amerl-an Federation of LKrr will he
In session and Prran Is eipetnl to meet
the labor leader
Fro-., O. Icero Brran win gv to In
dla..poll her he will attend tha
Kera notification reremonlea next Taea
r and maka T,r th trust
On the wsy hark to Llncwjo Prrn
will stop at Tnfeka and deiirer m peri
ei the plrk of the IneT,?l pl.t
ffwms that declare for fe-WaJ an 4 stV
J-ua ranter fcf tenk poeita. i
An eight or ten-story hotel bulldlns
la being planned fur the lot near tho
northeaat corner of West Park and Al
der streets by Captain K. W. Spencer,
the owner of the property. When com
pleted the new building Is to be used as
an annex to tho Cornelius, the hotel
built by rr. C. W. Cornelius last win
ter, and which is now under the man
agement of Nathaniel K. Clarke.
Two frame dwelling and a brick store
building now occupy the corner which'
Captain Spencer intends to Improve It
la eapected that work on the annex will
begin durlrg the fall and that tha
building will bo completed before tho
tourist season of neit year begins.
The new building is to have a large
basement where 1n all probability tha
grlli will ho located. Every room in
the building Is t have bath connection
and all other of the latest and up-to-date
Improvement In the hotel line.
One of tho plans Is to have a roof
ga rden.
captain Frcncnr's building Is to he
several stories above the Cornelius
which Is on the northwest corner ol
i rs ana Aider streets
At the time Or Cornelius began work
on Ills hotel he made arrangements with
Captain Spencer for a party wall. l?jt
cept that It will lave several more
stories than the Cornelius the annex Is
to be almost the am dimensions as
those of tl. bulling o which It la to
be connected.
Entrance to the annex will be .from
the main lobby of the Cornelius.
.' Vi"? i that her habv was horn
TTanm nn vo m .11 1 v hO'li I
been introduced in I'ortimd. lie con- j cembcr, II'OT, in a Brooklvn hos
tends that all or t!' pavements are
composed of mntrt-ils vv
DEFI OH SMALL
SHIPPERS' RATE
Express Companies and Big
' Trunk Lines Scorn Com
merce Commission.
cT"vlteil frees Lease WlrO
Ban Francisco. Aug. II. Open de
flsivre hat been (varied In the face of
the Interstate commerce commission by
the express cotr panics and big tronk
line In connection wtth the recent rut
in ef the commission to the tfTect that
ama.ll shippers may combine
slgnments from the east In order to en
Joy the carl.-ed rate The transporta
tion companies have notified the com
mission that they will not accept the
i uiiiiK uu wui tarry me ngnt into the
courts.
The' -matter i- brought to the at
tention of Commissioner Franklin K.
1-ane by small dealers In this city sev
eral months airo and he later issued a
decision holding that th dealers ha-e
a perfect r!(fht to combine thlr ship
ment from the east into carload lota to
be broken up upon arrlvnl.
he was glad to lcar-i tt:it a new com
pany Is to enter tlio fl-M nnd believes
that It will result in n: mil good to the
property owners.
illERATES
FOLKS SURPRISE
Gold fie Id Operator Weds
Los Angeles (iirl An
Idaho lfoniai.ee.
' . I ci. I ,
h anybody i pnai. .ne is ner em niover todav
her, and that
her fripht following' his arrest in 'said.
which led him to shoot William E. Annls
Inst Saturday.
In marked contrast Is Thornton J.
Mains, his brother, who in an adjoining
cell. Is calm and cool and apparently
unaffected bv the charges against him.
He Is composed, cats regularly and
sleeps wi ll j(f seems to have no nerves.
Occasionally when tho captain's voice
rlS' s in his lamenfat io.is, Jenkins calls
out to htm cheerfully:
"Hi ace up, oh) man. We will come
out all rlKht et."
An Interview Klven out bv Jfrs. Hnlns
Inst n!j;ht nt W inllirop. Mass , In which
shf detailed allege! mistreatment at the
hands of h r husband and said she
j fdro,! h would kill her. atain denying
all his charKcs. caused considerable con
Istcrnatlon among Hains' friends here
but It I
MliS. IIAIXS, FOR
C111LT)KK"S SAKE,
TO AID HUSBAND
can purehaso and n i in a ma'im r suit- 1 tirornipd to marrv Iter ml tint ' f srmv officers remain loyal to the
able for st reet pa v . ut s 1 le s i nl t ha t , ' . . , . , . J ' prisoner. I :i t h is
believed the maioritv
Interview Mrs. Hains
connection with the killing of I ,'Mv h'iM.tini V.l hi brother are ran
, . , . . cnls. I hope t'.ev will both be strung
William t . AnniS DV Captain up- Tho'titon J Mains is an archfiend.
1 etcr C . Hams caused her to
make the statement.
In their opposition !
express and railroad
o the ruatom the
companies heve
uif supporT or trie oig wholesale deal
ers. hn e In the combined ear lot
method of the retaJl dealers a posslbl
ruination of their Jobbing business, jf
goods are permitted to be shipped in
this wav direct to the retailers from
New York, ther srgue. there will so.ki
be no losce for the wholesale dealers
on this eoast
Xotarsen Commits ion 3.
laksi Bsms et Til l"irtll)
Palem. Or. An. SI. A com mission
notsrr bas been Issued te 1. V Zlni-
b con- merman of tucrna.
(Cnlted Presi w:-. I
Lo Angeles. Aug :i 'c'-is H Hd
leran. a wealthy your. n-.i- i: g man of
Ooldfleld an,l his bride. w-o was Mli
Alice H. Wilson, of this e.n stirfed
on their honeymoon to.lny Mr r scret
wedding yesterday be1r t: - .-ilmlm-
tlon Of a romance oeaun two ' ear nr,t
a half ago at liolse. IdCic Th- wiM
m to Ran Fran urn. n t I-a
Tahoe and after several wlil go
to Ooldfleld. where they w'
home.
Holleran Is widely knon In mlilng
circles as the promoter f the I :mbo
lease. He Is vl e preede-.t and di
rector of the Kirst National b-vrlt .it
Ooldfleld and a remlnent n-emUr and
director of the Mon tri.-na cl ;b
A nnonncement te1ay of th irsTlag-?
cstne surprise to ti fr,r4i of
the paJr The ceremony was Mltefsse-J
onlv by the brides n-.'her ard It I)
A. "Turner cf Ooldfiell
Ncvr York. Aug. 21 -Refusing food
"T! "si' sc.ot.drels are capable of any.
tlntf In niv 'i-isnand s bsen'e Thorn
ton Hnlns 'ile.i ;o make love to me and
I hated t-kn Then he poisoned my hus
bpnd s m r i 1 vv a s beaten, starved nnrl
i ji led in I,! I situcrl some tinners l her
and muttering constantly of his wife's j all.-g.-d eo:i'eson i. They may have
alb ge.l downfall. Captain Teter Hains 1 ,,:n"'K- f"r !'H ! know. My husband
. . ' Is a b: lie. bit I would have borne with
1 nttcd States army. Is bordering on a lllm fl,r tIlv HHIdren's sake He heat me
collaiisn in his cell today. He 9 under many times 1I would have shot me.
tho mnstant care of a phvslotsn but ' '"n ' he would Sffk me out
l.ttle can be done for him His mind I !,'"i',e h'an.e.r.v p'ooTrrVi
seems to rest constantly en the events I Win' will lnn of them?"
New York, Aug. 21 .-It Is reported
here this afternoon that a deal Is be
ing considered by which Mrs. Peter C.
Hains will testify in behalf of her hus
band. Captain Hains. when he Is trie.il
fbr the murder of William E. Annls,
on the promise that she shall receive a
decree of divorce and tho custody of
iier two children.
The story goes that she will furnish
n motive by testifying that Annis sug
gested to her the stories of degeneracy
In tho belief that their circulation
would prevent Hains from making sen
sational charges against his wife in the
divorce proceedings and nt the same
time might prevent him also from try.
lne to get control of the children.
It Is not believed there is any sug-
gestlon thet Mrs. Hains should become
a second -Kvelvn Thaw, but she will
contend that her relations with Annla
were merely friendly. She will ass-rt,
It Is said, thft she turned to Annta .
when unjust susid'ions were raised in
her husband's mind bv fcossipers who
poisoned him against her s
This new phase of the tangled affair
has caused much comment, after her'
hitter arraignment of her husband In ,
tin Interview given out last night, but ,
It Is said her desire to eet uncondition
al control r.f l.er chlldr ri overcomes all
other feelings.
PREDICTS EH
OF PROSPERITY
LOSES OIIE OF
HIS fillUIOIIS
ri'nlted Press Iseed wire.)
Chicago, Aug SI That the railroads 1
ROOSEVElf Hill
II DEEP IJSFI
(Tnltei Preaa Lca4 Klr 1 I T itted ! I-ewd Wire I
V.w York, Aug Jl. Jesse I. Liver. I New Y rk Aug. 21 "Well. I'm about
will he enjoying ich prosperity after mre. the newly risen "cotton kl.c. "j thr.--ugh r.ew I've dnc my morav I
the r.eit riresidentli'i election that an'mho eig'neered the corner In the mac want to get 'a war. t That 'aa " th
ik their - increase n freight rates wlil be un- ket that netted him several millions ' new ad n Inlstrs t ion comrs lu my optn-
neeesssrv. Is th. opinion hell today by a few m-cks ajto. la tod,y , ,er ly ",n n0t h" nr .m' lvic
Fred W Lphsm. rresid-rt of the IV.l- . nearly $j oaa.no a s the result of a de-; ""-"""eie ar the words of PresMerit
n!a Mtnvifactiir-rj' atuvlithn. r'ine f 13 a bale In the eotto- rra-wc Re.sev:t to a fr'end, acordlnf to an
i i. . srtieie in th current number Ofalhe
yest-'dij. Llvermores frlen'.s tcitr ( V,,,,,., rm.aitlne, u.t I-uel. In the
y he nal prepared himself and i 11 ' i'nterv lew the president la quoted
rot ffr much, thou ah they slmU heir, anions t4 meet Emperrr WlI'lAm
rntral Iln. that the accresslve fight ' n' losses m amount to nver ! "f ' .f r.''ttnen If fce ran da tl, i '
fpbam'a eipressinn follower) tv.e s-i-nun'-ement
male by W. (." Brown, man-
if.n( Mce-presldert of the New York
Arrht4hop Brarhe! Sail.
(pecil t'W'Ste f Tlf Jeorvesl
Quebec. Aug Jl -Ar.-hb.top Rr-i-chesl
sailed on the steams'-lp Kmrress
of Ireland todar to pav h ad limi-.'
visit to the pope. n Ms iv te Rum'
he will attend the Cathope core-res of
the Kncharlst. to be held n London nent
month, and at wmloh he wlU be oea cf
the prominent participants.
for !rrreasd rates would be poetpone-1
bv the railroads until after the elec
tion I'pham said r lMe v-l that when
the ranr'Sd were eonfrc.ntd l'h t he
MuetKm of havl"f more business thsr.
fhT roj 1 hafTCie tcer wou i 1 reirse cott.Hi rit haa been esMSed bv hnd
that an Increase tn rat imiH t v-, ant ralas heiped t be br nnifnt.
necesarr to restore their profi'S to i The rout in otljr stemmed lite t-i
rormel volume ; te afternoon hr the rosrtsg cf oorts
Brown, hnwerer In an InteriSew at The tetal trass4ct reie were i- t i)
New Yo-k stated tmt it was the lnten- Jm. mors, than fcelf cf mHth
t"-n cf the railroads -o cot, tin ue their e" ",...t n s.ld kyHha LiHT"-I fac-'(x-.iin
af education." t.orv. -
-.esterisy hen a pn1e br-k t,-r peen court The things that stirci
"'Iti'i The h-ears started fe ti--- Mm ra-'St tn Europe are the lavl'stl
tn It wa rumored that ve-l of p. klrva; ef Italy ard the tn(." f
Liverpool mills would ahut d--r t-of Austria t bunt tth Ihem. lie
e ise of 1preloA n s. eo;to-i bu'1-1 pred-nl be;tye. feenrever, t,t I
ees h'rot'i tnat the drout! 1r tee (these tk'ns could rot be eeor.rrj ' ' M
itnoux internervrt pei . ,ir.
so e has decides! t 4 1 reft to A'n.
Wlli hi smi Kerrr.t. be sole i
much pesiire from l' trip
"1 that cmjr,irr will r n -
hAth, he ad. 4 I vk f j 1
pe.Tre to i it U.i . . i I. t";-
, ..... . . ... - '-V