The Oregon daily journal., August 21, 1908, Page 5, Image 5

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THE ' OREGON DAILY JOURNAL, PORTLAND. FRIDAY EVENING, AUGUST 21. 1008.
rOUTIIFUL HOUSE
LOOTER CAPTURED
Officers Locate 12-Year-Old
David Scott in Vancouver
Companion Missing.
Invld Smlt, Hip U'-yenr-oIcl nettro boy
who rflrai! with flarenro Coon ami
OHcar (SroM fn in (he detention liome
lut Sunday and whom t'lm-rnrr nrctiaea
of having trh'd tn enter the (irmc ixhI
donre In rnlvi-rult y Park several days
IKO, linn lecn locate. I In Vmiruuvrr ami
will he returnerl to the home In u few
days.
Judae Oantenhrln will deal with Clar
enre. l'orl land's sinalleat Imrjflar, In the
Juvenile i-.uii t thin afternoon. Oscar
Grove, the 1 1 -year-old, whom Clarence
says was with him when he entered
the (trove resldem e early yesterday
morning, has not heen found. From
some of the elri umatanc ea In the roue
the offherH are Inclined to doubt Rome
liarta of I lareix e'a Htorv, and It Is
hoped that Oscar may he found to speak
for himself. Clarence declares that
Oscar was on guard while he ransacked
the lower rooms of the house and slid
down the banister to freedom at the
first 'alarm without being observed by
tha Grove family.
OOUBDIAX THE LOTTERY KINO.
GOVERNMENT'S
CONTENTION IN
REHEARING CASE
(Continued from rage One.)
Chlcano & Alton Railway company
transported to Kast St. bonis. 111., and
St. Loula. Mo.. 1,492 carloads of oil.
In all the dealings between shipper
and carrier each carload was treated as
a distinct transaction find handled as a
distinct piece of biiKlness.
, The published and filed rates on this
business were 10 cents per 100 pounds
to Kast St. Uouls and 1 Si and one-half
rents to St. l.ouln. The Standard Oil
company actually settled on the basis
of six cents to F.nul St. I, mils and
seven and a half cents to St. Iouls.
These facts were n.lmltte.l.
The Standard ll .-'nnpim Interposed
the claim in defense (hat thu Klklns
act was unconFt I tut lonn 1 : that tho tar
iffs had not heen posted In two public
places at the stations, and interposed
many technical defenses.
On but a single point Involved In the
trial up to the return of the verdict of
guilty are the rulings of the trial Judge
criticized bv the court of appeals. In
all other particulars his rulings ar.
sustained.
The point on which the t r f 1 ludtre is
reversed by the court of appeals relates
to his rulings on e idcnce anil Ills
charge to the 1ury with reference to
Ignorance on tho pnrt of the Standard
Oil company of the lawful rate as a
defense.
Court In Error.
The court of appeals In Its opinion
has not correctly stated how the Judge
ruled on this subject.
It Is said In the opinion that he re
fused to admit evidence to the effect
that the Standard oil company did not
know what the lawful rate was. Tin
fact Is, and the record ho shos, that
all evidence tending to show Ignornnee
on the part of the Standard oil com
pany was admitted for tne consideration
of the Jury.
This evidence was largely that of
the traffic manager of the Stindard
Oil company, Bogardus. who swore to
a conversation with Hollands, the rate
clerk of the Alton, In which he said
Hollands told him that the ratp, hnd
been filed. The government met this
testimony by a great array of circurn-
$ vV:'N5r''' V Xvl
Six :n Yvk
i r i ,v )! h
- ji (.Vi Li t ' n
a strange doctrine In Anglo-Saxon Ju
risprudence," and aaya that the pro
ceadli'gs of Judae Jjindls are In aceord
anca with the rule ot procedure pointed
out hv Mr lilshop In Ilia work on crimi
nal law an one of the elementary prin
ciple of that JurlHpmdenca re'Ognled
from the emllt days.
At laau Wlti Court.
The government takes lile with the
circuit court of appeula aa to Ita propo
sition that n defendant cannot be fined
more, than the value of tho property
which he poMeftna, and atatea that this
rule Is an Innovation In criminal law
ami If applied would destroy the en
forcement of most statutes.
The government rl.ilrns that the facta
before the court of appeals Justify the
Imposition of the penally inflicted by
th trial Judge
It appears from the record In the
circuit court of appeals that the net
profit of the hiiHineas of the Standard
oil company of Indiana, the corporation
that JudRe I.andls fined, for the yeara
during which the violations of the law
for which It was convicted were com
mitted and including the year In which
it was lirllcted amount to I38,683.20S.S0.
On this point the petition statea:
"We respectfully call the attention of
the court to the statement of tho Stand
ard Oil ioinmiiy of Indiana on file In
this cuse, referred to by ihe court In Its
opinion and treated as' proper for con
rldeiiiilon In determining whether or
not the penalty was excessive."
statement of Proflta.
That statement shows, with reference
to the assets ond liabilities and profits
of the Standard Oil company of Indiana,
tho following
STANDAHK Oil- CO. (IVPIANA).
Year. Uross Assets. Inabilities. Profit a.
1 899 . . . 16.164.40H B.O04 SJ1 4.195.750
1900 . . .16.07 7.01 K 2.7:16.(5116 4.981.571
1901 ,..16.436.213 2.963.417 6.879.948
1902 ...19,794.673 8.306,620 7.616.906
1903 ...21.277,61 9 4.6J5.209 8,763,410
1904 ...20,087.700 8,062,437 7,792,089
1905 ...20.743.361 2.436.s.r.7 6.621.876
1906 ...27.602.08!) S.17R.162 10.516.08
uta by thla court, Imposing no duty on
the shipper and perinntliig n defenan of
!traiii n to lm made without regard to
the nritllgenee of the shipper. Is con
trary to the language of the utatute and
to Its puipn.ie, nt.il eeihiusly Impairs
the efficiency of thn act.
TriM the ruling slated In the opinion
aa to thn hnsls for determining the
number of offenses Involves an erron
eous const ruitlon of the statute and
falls to t u lie Into conslilerntlon th.it the
thing which In prohibited 1 v the act In
the transportation of property m the
unlawful rtite.
'That the illthlsm of the trial Judge
for abuee of discretion nuts upon a
wrong assumpt Ion . r what the trial
Judge actually did and assumes that he
attempted to tty mid punish the Htund
ard Oil company of .New leisey, when
In fact. h appears from the record, the
entire proceedings Here d:ie, t,.,i against
the defendant the Standard '11 com
pany of Indiana .
An Innovation.
Louis A. Gourdlan, the Former "Lottery King" Who Esrapocl From the
Government. Hospital (or the Insane at Washington. In Now in Lon
don, Agitating the. I'nlon of the Royalists of the World, for tho
Purpose of Converting the United States Into a Monarchy.
stances which tended to disprove it and
the Jury found Iti favor of the govern
ment. The trial JudBe ri.led thrtt Ignorance
on the part of a shipper of what tho
lawful rate was could be interposed aa
a defense, hut that it would not consti
tute a defense If it appeared that ig
norance was the result of neglect on
the, part of the shipper or of wilful
failure on the part of the shipper to re
sort to ih" sources of Information which
u're available.
The go eminent contends thst this
!s the correct construction of the stat
ute on this subject.
The court of appeals lays down the
rule that it is necessary for the gov
ernment to show beyond a reasonable
doubt, as a part of Its case, that the
shipper actually knew what the lawful
published and filed rate was.
The government contends that this
Is nn Impossible rule: that It Is con
trary to the purpose of the Klklns act.
The punishment therefore Is no more
severe than that Is Inflicted upon a let
ter carrier who steils a letter and Is
sent to the penitent larv for three years,
therehv deprl- lug him of his earning
capacity for that time It Is not near
ly ho pevere as the minimum penalty of
five years In the penitentiary Imposed
upon a banker who misapplies tae funds
of his bank
The government claims thnt on ac
count of the size of the fine alone, there
is no necessity for a retrial of the case;
that the circuit court of appeals may.
Itself name the fine which should he
Imposed and calls upon the court to do
SO In case It adheres to thn view that
.lodge Landts abused his discretion In
Imposing so large a fine.
Petition Concludes.
"It Is therefore respectfully submit
ted: 'That the opinion of this mint Is
based upon a m Isconccpt Ion of the rec
ord with reference to the rulings of the
trial Judge as to the admission of evi
dence tending to show want of knowl
edge and with reference to his con
struction of the statute on that sub
ject, and the tlcorv on which the case
was tried; that the evidence of Bogardus
which It is claimed showed want of
knowledge was admitted that It was
overcome. Inavpyiir. by . the facts and
circumstances of the case, and that the
. j e ldence as an entirety was sufficient
, to show actual knowledge or what in
tnat It is contrary to the general rule j jaw was its equivalent ;
appllcablo In criminal cases; that put I "That the Interprepatlon of the stat-
effect it would make of the in-j - - -
'That the ruling stai.-,! i (i, opinion
to the effect that n fine N cioaslve
when It eToccils In amount the ability of
the defendant to pa is an Innovation In (
criminal law Hnd If generally applied
would prevent the practical enforcement I
of most criminal statutes.
"That. In sho't. the opinion na it!
stands erroneousl v slat's material pnr- j
lions of the le. onl. does Inl istlci. to I
tin- trial Judge; P-.n es doubt fil in a. I
new trial the rule of law to be applied,
both as to knowledge rai Hi- pi't of the
shipper, and as to tie number of of- I
fenes. appi-nis to he in contllct wit :
Cbo language of the supreme emit and I
with the previous language of the pie-'
siding Judge of this court, and with'
the great weight of legal authority; ami.
If permitted to remain unmodified, will
tend to encourage disobedience to law.
to Impede the enforcement of salutarv
statutes and largely to defeat thlr pur
poae. "For th reasons stated we respectful
ly request thot a rearg-ument of tola
caae bs e-ranted."
Tha petition Is signed-
CHARLES J. nONAPARTR.
A t torney-( ten era1..
FRANK R. KKLT.OOO
Special Assistant to th Attorney-General.
EDWIN W. RIMS.
1'nlte.l States Attorney.
JAMES II YVILKERSON.
Special Assistant I'nltcd States Attorney.
Ten Fall to Pass.
Pendleton. Or. Aug 21 Out of 80
teachers taking the examinations here
this week. 10 failed to pass. Difficult
questions and the Introduction of new
subjects Into the examination questions
are given as the causes for the large
percentage of failures.
.fr i 1 i I,,
r ,: - -'till ff ri- 1 1 II-
Vim 1 tU Mft J
H ' fi if .iHk It fit
liiViW-
COFFEE
Why doesn't your gro
cer moneyback every
thing? Can't get the goods or
the money.
Your rtoctr rctaroi tout mnoey If you doo'l
Uka Schilllnt ' Best, n ar bun.
:TVW
Early Fall Display of
Men's Furnishings
OUR SHIRT OFFERING FOR SATURDAY will be
more interesting than ever. Several new lines of Cluett
Shirts just received, many of them being in exclusive pat
terns, in both light and dark effects $1.50
COMPLETE SHOWING OF THE POPULAR MON
ARCH BRAND SHIRTS, light and dark patterns, coat
style, detached and attached cuffs $1.00
NEW FALL NECKWEAR, comprising all the new ef
fects, beautiful weaves and colorings 50
We are sole agents for HOLEPROOF SOX sold with
a six months' guarantee.
into
terstate commerce act "s
wisp of legislation, a phantom
of strength or suh-
How Syracuse Woman
Took Her Wrinkles
in inree
Nights
AFTER MASSAGE, AND BLAUTY SPLC
IALISTS HAD FAILLD
"MADE ME LOOK 20 YEARS YOUNGER"
Bays 'Cincinnati lafly WHo Tried It "Wow Past 40, trat My Completion Is
Smoother and Better Than In Girlhood," Writes a Kantncky Woman
Who Used This Wonderful Process for Bamoving- Wrlnklas.
Tis DlsooTrr Offers to Glre Particulars Tree of Charjfe to All WTio Writs
Within Hext Ten uaya buw jrrvmi 01 orecr xxeai-
gjjjjt very Simple ana u.uiuij n.rnu.ii nay uaoa
Without the Knowledge of Tour Most Intimate friend.
Ever flnre woman's beauty held away
over man and brought her power. Influ
ence and wealth, she has sought a way
to stay the processes of old B(t and
banish deep lines and furrows from the
brow.
Chemists, beauty doctors and skin spe
cialists have for centuries past vainly
tried to fathom the sealed secrets or
nature and find a way to keep the
beauty of youth In a woman's face and
fnrm
Ilnr-lett Metl wns no excepnon i"
general rule of women. Trouble
wirrv left their unf-lchtlv lines
,n her fine She saw
beantv of her youth Riving- way to the
he-- v .Imrrl'its of coming aKe.
. . .
and
and
the
ll. 'first resort to incoil inann..
cold cream p.r! sieamlns: pots; then
... heautv specialists, hut all In
,.ln -rh. r"ikl"" seemed. If
t'l'ne to prow d.epcr and deeper
on Boneared to stretch the
rrnr- vrinkles
r.U th tnoiif
ant
whe
than 45. " Mlas Oladys Desmond, the
actress of Pittsburg. Pa . says: "Tour
tientment made my wrinkles disappear
In one nlfrht. It la certainly a (rodaend
to womankind. I tried cold cream, akin
foods and various advertised wrinklo
removers, hut they all failed absolute
ly; and I confess I was very skeptical
about your treatment, but In one night
my skepticism had' entirely vanished.
When I looked at my face on the fol
lowing morning and saw what a wonder
ful transformation had taken rlac I
was sure at last I had found the right trihun.il
tning ineg
In speaking of her discovery, Miss
Mta sns: ' Ves. I know It sounds too
Kooil to be true, hut rep.llv I do not
think remov ing wrinkles Is half so won
derful as the telephone. Before the
j telephone was Invented It appeared ri
me re
o -tne
statute, destitute
stance. '
Government Contention.
The government contends in the pe
tition that the court nf appenjs has
mls.Ntate,i not only the record as to
what evidence was admitted, hut also
misstated the cotis! rncth.,, which the
trial judge placer upon tho statute,
rind that for this reason tin-re should to
a fhorough rea rgttmcnt upon the only
proposition as to which the ruling of
Mi trial judge up to tho verdict of
guilty, is reversed.
The government contends thnt a.n ex
amination or the record will show thot
the court did not rule our the testi
mony tending to show want of knowl
edge, hut that on the contrary all prop
er evidence tending to show that the
defendant was Ignorant of the facts
with reference to the legal rate Mas
admitted for the consideration of th-i
.fury, and that there was ample ev'-(i-iiee
to show that the defendant jid
know what tho legal rate wns.
In other woriis, the government con
tends vigorously and with references
to the record that the reversal of the
case, so far as tiio ruling of the trial
judKe with refere nee to ignorance on
the part of the shipper as a defense is
concerVied. Is based upon a misstate
ment hy the court of tho record In
the case as to the admission of tin. pvi-
dence and lo a misunderstanding bv ,
the court of what 'he trial judge ruled;
with reference to tiie admission of evi
dence and how he really charged tha
Jury.
The government strenunutrlv con
tends that the effect of tho construc
tion of the statute announced bv the
court of appeals is to nullify the In
terstate commerce act su far' as ship
pers are concerned; to make Its en-,
forcement impossible, and to plunge the !
country again Into the deplorable con- '
dltion of railroad discriminations,!
favoritism which existed prior to its'
passage.
Cites Armonr Cases.
The government eont-iuis that the
court of appeals has no right to place
this construction upon the statute in
the face of the fact thnt the very
question Involved in tills case has been
expressly left open hy the supreme
court In the Armour Packing company
case, recently decided by that court.
The precise question Involved in this
case was stated by the supreme court
In that case It 'was not decided by
the supreme court however, because It
wns not involved hut was ft open.
The government Insists that before
laying; down this harsh rule and prac
tically nullifying the law the court of
appeals should certify In accordance
with the statute this question to the
supreme court for Its decision; that no
court short of the supreme court should
undertake practi ai:.v to wipe the In
terstate commerce a t from the stat
utes. The petition slat's "before the gov
ernment Is required to try this case
unde.- the rigid rule of construction
laid down by this court. Is It not mani
festly fair and right in the Interest
not only of Justice In this caje. but
In the in'erest of a final and definite
construction of this Important statute.
tliat Judgment he taken of the highest
the rncn'i
nmetit -ontenns that th
court of appeals In Its opinion, his
laid down an erroneous rule for de
termining the ncniber of offenses.
Orosscnp's Opinion.
ThV government contends that each
shipment Is the basis ,,f a distinct of-fe-se.
and that in tVs cas each ear-
will- i kBSXEIRQ
Bfc
n
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SEVENTH end WASHINGTON STREETS
0PP0SIIE IMPERIAL HOTEL
Expert Salesmen
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3V
eny-Mas-skln
;
came he ran spent
she could afford to spend.
nas rennv io n' '
n i. ne dav a friend made a happy
.,.,,,., ,,. w,.ui in mining irom Atw i.d , ara,,. .i,im,n,
The circuit court f nrreals has held
that there 1 but on- of terse for each
she cs Ion
r..i save her a brilliant Idea
; to work on li e IIUOK ll'T-ril. B'l'i
f-,.r several months' h.i-d labor and al
most endless experimenting she suc
reeied In producing a wrinkle remover
York to Chleag
"Those who have used cold creams,
etc cannot understand bow my treat
ment can act qulcklv Yet. after all.
It Is very simple, and I wonder that
some , on did not discover the process
long ago My lette-s from patients tell
th whole storv. Here Is one from
Pne i iadr who says rrr treatment mada her
look n years younger, als-o lettera from
many others I do not see how any one
ran doubt in tbe face of such teaMmony
as this I tried cold creams, masaare.
...,r -,..,. . r,,., .nu r.orrer1n mls.t1lr whs- he did In connection
"ax I with the imposing of the fine on the
T will !-e f irtber particular to all , HiandaM Oil cmrnnv
those who write me within the net I The circuit mitt of appeals In Its
lo days I must exact a prnmlse of ! "r'nior fhir that Judg Ijindls
secrery from every one for mr own pro-
. . , 1 n V. ..... . T I -- t . . .
vou ran u.e mr treatment os rur.lf ,!sf1i ,hM th. UtanlaM Oij romp,"
In yo-ir own family, hut yotj must not ef Nw Je-' not a "virsln of
ten what It is to ut1dr fndr "
Th. nimti" shew 'n Its pMton
taf Juds. Trend's .T-.r r. f rTed to
'he rltandarl MI f"-,M:r ef Sew J.r
rer In tbla connctton .nd that th.
entirely dlffc-cnl fr -m anythlna: she had etr , msef. without resnlta. and I can
s, r,r h.nrl of Hhe tried it on her- j thorotiahlv avmpathtre with them who
solf and lo and behold IT worked a
wnr,5rrf.)l transformation In a alnale
rlcht. Phe tr1d It a second nlirht and
h.r wrinkles were practically son A
third rich thre treatments In all
snd her wrinkles had entirely dlsip
p.srl nd her skin a soft, rosy and
smooth
Many others also have usd this re
markable process wit b wonderful re
sult Mr Moran Hlm.r of New Tork rlty
write 'Your treatment removed my
wrinkle In on nlsht " Mra Turnnan
of fettl. Wash , say "My wrinkles
r sll a-one: word cannot er bow
Crateful I feel to you for what your
treatment hss Jne for m " Mrs. A.
M. Brooks of Howe. Texas, writes:
"Tar troatm.nt la the first I erer tried
that really had the d1rd efreei in
banlshlns- far lines. I am l years old.
1 J'tt many say I do sot look mors
settlement for freight
The (tnvprimctit cp.s aa-nlnst thla the
opinion of I'r.sldtra .Iude flrosseup In
the case of I'nlt.d Plates v. Haal.y.
7i Fel Rep. Ts. In mhlch thnt
judr. In hi down a- .xactly contrary
lule to th. one whl'-h he laid down In
the Standard '. case.
The government contenda that tb
rule laid not n hv the court of appeala
(Is contrary to h. principles of the
riKins act s-c; ictv.s it to tne shipper
and carrier to ect for how many of
fenses th.y stil le rrose.-utd and how
much thv shall b fln..1
have tried to .t rid of wrinkles, and I Th o.nm-nt contends In hs petl-
I .m tmlr Is,1 that t f..l T r. t Jon -rat th. court c
appeals has done
a- ! Intustl . to thn1 Judre Ijindls
aumej to rine t" tsniarl OH com
panv of ew Jts.v, and ltrpofd the
"I truvrarete rry trntmwt will In no J
war lnnre rmir akin fn h. eorftmry.
It will slv It a oft. velvety ft1r snd !
trniiT itrprnTf your ompiesKin, as
well as hanlah unstshtly line snd wrla.
klea It takes only a few mtnata to
oe It
"Addre Harriett M.ta. futt 1
G. PyT-ii. S T. 1 ! TerrthlUs'
In plalS le4 enretep.. that nir r-orre-aponjtnca
wIU fi- su-tctly prlvate.
1 LAST SALE
DOLLAR- A-WEEK
Came to a quick ending last Saturday Evening, but
just as advertised and because all the pianos one
hundred were sold. This six-dollars-a-month sale
Janruas n ws oe tn eonn-trn
with the PtandaM r1l company of ln11
IM afl that nowhere wer th pro
repdlnrs i1tre-twd or rct.'ndM to be dl-
rartM nlTitt Btandari Oil com-'
parr or j.-.t
Tee re-v mn. rt ta- Iss.i. with the i
!1 ef rr-! -t-lt Jl' I sr.dls I
ftoal.rf ia tals ca "anjante to i '-f,
Biggest, Busiest and
Best on the Coast
and the Northwest
is liable to close soon, and for that very same reason,
so now we ask all who contemplate taking advan
tage of our special easy terms to do so this week
and avoid disappointment.
COME DOWN THIS AFTERNOON if possible, or tomorrow by all means.
Your savings run from SI 25 to $200, according to the piano selected. This
actual real cash is worth coming to save, even if you live a couple of hundred
miles out of the city.
REMEMBER THE TERMS $6 CASH AND 56 A MONTH
Take anv of these until all are sold. SI 85 for Best $325 Piancs.
Pay $138 for Best $265 Pianos. S243 for Best 5400 Pianos.
S144 for Finest $275 Pianos. S294 fcr Our Best $500 Pianos.
An4 Store Full ol Other Iipjalry a Cood FUnos at 5 mail e it KrUrmn Term m4 Pric
EILERS PIAINO HOUSE
The Houst of Highest Qutfity 353 WASHINGTON STZIVET