DENIAL
OF REHEARING
BY COURT OF
APPEALS
m m Km
REGEIVES A tf 'Sm
SETBACK
.
Chicago, Not. 'lO.-r-The"' United
States court ot appeals here today
denied a rehearing in the case of the
government against the Standard Oil
company, -to which, the tine or ?z,'
240,000 was assessed by Judge Lan
.The deniaHi another, defeat for
the government In the famous case,
and according to the counsel for the
government is a hard blow for the
Interstate commerqe act.
The' decision was rendered by
Judges GrosBCup, Baker and Seaman
and sustains the former ruling re
manding the case"to the United
States district court for retrial. :
It is believed that Attorney-Gen'
eral Bonaparte will take the, case
before the supreme court of the
United States on a writ of certiorari,
This; was ths second time the, United
States circuit court of appeals had acted
In this ease. The case was originally
taken to the appellate oouft by the
Standard OH company, after Judge-- K.
M. Landla, In the district court, had
fined the company $29,240,000, follow
' In a trial replete with sensations.
A JurvJn Judge Landls. court bad
fXudaT;srandard7 Oil guilty of ac
1 cep ting rebates from " the ' Chicago
Alton railroad. The oil company had
been Indicted by two special federal
grand juries on 6.428 counts, charging
violations of the Elklne antl-truet law,
which prohibits the granting or accept
ance of rebates on on or other products.
The trial began March 4. HOT, and
lasted six weeks. United States Dis
trict Attorney Sims represented the
government and Attorneys John 8. Mil
ler, Mortts Rosenthsl. Virgil P. Kiln
A. D. Eddy and II. W. Martyn appeared
for the Standard OH company. m
The specific Indictments upon which
the United States authorities elected to
make their fight numbered 1.462 and
charged the acceptance of rebates ag
gregating f 22S.O0O from the Chicago 6
Avon nuiroaa on snipments oi on rrom
wttttin. ma., to .ast t- iouis., in,
The trial ended in a verdict of guilty
on each Indictment and on each count
in each indictment. ' The maximum fine
was $29,240,000, with the provision that
It could be lens should It be shown that
the Standard OH company of Indiana, a
$1,000,000 corporation, was not a sub
sidiary pf the Standard OH company of
new jersey. Alter conviction, ana be
fore he pronounced sentence, Judge
Landls expressed a curiosity to .have
this latter point cleared up, and he
subponaed John t. Rockefeller and
lesser Standard OH lights to testify re.
gardlng tne .connection Between the In,
dlana and New Jersey corporations. On
August 8. 1907. Judge Landls fined the
oil company tne maximum, 139,240,000,
In an .opinion scoring the company un
mercifully. .
Cass Goes to Circuit Court.
The Standard Oil company" Immedi
ately took the case to the United States
"circuit court of appeals on a writ of
' error, averring that the trial court had
erred In' ruling that the number of of
fenses should be reckoned by the num
ber of carload lots and not by the num
ber of shipments; .that the trial court
had erred in ruling that ignorance of
the law is not an excuse for violation
(Continued on Page Two.i
WALl STREET
PLAGE td SHOP
Bride and Groom Clean Up
$17,500 for Honeymoon
:. - - Money..
I United Pras Leasee Wire.) . ;
New York, N6v. 10. A little addition
to the honeymoon fund f J17.50Q ?!
made by . Joseph P. Golden of Seattle
.. . . . . ... . nrl..
ana ms onae, wn iviucn,
Marjorle Preseler of" San Francisco,
through a "shopping ". tour . in win
street," and the bride is wearing si dia
mond pendant that cost $,000.
The story of the honeymoon adven
ture in high finance became known to
day and when Golden was seen at his
. hotel he said : . f
My ' wife and T arrived here three
days before the election. We were both
sure Taft would win and that stocks
would go up immsdiatefyt So we Went
shopping down in. Wall -street instead
of on Fifth avenge. ; By last Saturday
..... ......,-..... k. f n.(tMl l. a, m .iv.a
. ef $17,600 and we quit ' It was Just a
t little iflver and t don't suppose we will
arer pat snother nickel into the game."
Attorney-General Bonaparte, who
will fight Standard Oil In the United
States supreme court. , .
mm
TOUIIITE
the moil fILLS
Schwab Is on the Bay to
Form a CombineMil-
. lions toJSpend.''
(Doited Preas Leaatd-,Wlre.-San
Francisco, Nov. I0J -Ths. failure
of Charles M. Schwab of the steel trust
to visit' his properties in Nevada, com
ing directly to San . . Francisco instead,
has set afloat the rumor that he has
definite plans for ' the ' formation of a
great non-competitive . : association vof
shipbuilding firms, of the Paclflo coast.
Schwab, who owns the ' Union Iron
Works, complained when he was In this
city .before that the Union Iron Works
Inst "rnoneyon nearly, aU of Its con
tracts because of strikes and labor con
ditlons. .
It is believed that fall In a- to brine
about a combine, Schwab may endeavor
to persuade his competitors to, agree to
Doonnr or interests ana a division
of the business so that all can make
profits. . . -
Schwab arrived in this city last nirht
and today visited the Union Iron Works
on a. tour or inspection, tie declared, he
would spend several million dollars in
Improving the plant and placing it in
position' to ao worx equal in quality
and amount to that turned out by any
other shipyard in .the world.
While declining to express a definite
opinion on the possibility of a greater
enlargement of the navy and the con
struction of more battleships, Schwab
declared - the - yard would be placed in
position to taice advantage or any in
crease in prosperity and would take its
share of the, work.
WANT ALL THE SHIPS
SKXT TO THE PACIFIC
' fC tilted rreta Letted Wlre.
San Franclaco. Nov. 10. A mt of
olutlons asking that the Paelf to' fleet
d recamedt in tne famine ocean and
that it be augmented by the Atlantic
fleet was forwarded to President-elect
Taft todav bv the offlcera of the Pull.
fornla branch of the American National
Red Cross society. - . . .
The resolutions were drawn un ai the
annual meeting of the association yes
terday, and are congratulatory in tone.
Taf- is cresldent Of the A murium
National Red Cross society and 'the or
ganisation here .hopes to have consid
erable influence with him in making
the request that the fleet remain in the
Pacific ocean.. Yesterday's meeting was
addressed by army officers and naval
men. ,. , ' .
BRAVE CLERK
CAPTURES '
THUG t(mlM ..n(0
1 j
Notorious Paddy - Rodgers,
Murderer, and Gang, At
tempt Hdld-up but Tables
Are Suddenly Turned
Highwayman Wounded. -
(Special fuspttcb to The Joajnil.) :
Butte. Tlont,! Nov, J0;'--;-Paddy .,.Bod
gers, last of the notorious hold-up men
of Butte, was capture iast night by a
drug clerk of a local drug store which
the robber with a partner were trying
to hold up. The attempted hold-up
took place at 10:45 o'clock.
Rodger a, who has escaped twice from
the city jail and once from the county
Jail during his career of crime, has
killed three people, all in holdepa, and
has figured In a dozen hold-ups. In the
last year. ?
Last nte-ht with one of his gang.'he
entered the druir store. Four men In
side," were ordered to hold up their
hands. Three men threw ud their hands.
but Martin Drebbelbis, the drug clerk.
lodgers' partner began firing and Rod-
iTWELVE SUCCESSFUL CANDIDATES
IN RECENT GUBERNATORIAL ELECTIONS
ters grappled with the clerk. One of
jumped for the counter to get his pistol.
the neraona in the store, cot the pistol
from behind the counter and began a
pistol duel with Koagers- partner. Tne
atter had emptied his pistol and start
ed to flee when a bullet struck him in
the groin. lie managed to get oat of the
store where pals picked him up and
carried him orr.
Meantime Bodcers and Drebbelbis were
Dint
the weapon from the bad man and beat
loor for the possession
istol. The drug clerk got
fighting on the
of Rodgers' pis
the we&Don f roi
him nver theithead and called "police.
A detective Js locked In the cell with
Rodgers to nrevent his escape.
Rodgers last victim wss a miner who
wu rirlnklnr In a saloon which was held
up and failed to throw up his hands
rar enougn. itoagere rnoi aim nw,
then searched the rest of the crowd and
escaped amidst a fusillade of bullets.
GEE HOI TAKES
GEE VliroWCE
Chink Merchant Tries to
Save His Brother, Chink
Cook, But Fails.
(Doited Prc Leaaed Wire.)
San Francisco, Nov. 10. Coming from
Homestead, Pa., lri an alleged attempt
to " deoeive the federal officials Into
granting a release to his brother, who
Is wsnted for deportation. Gee Hoi, a
Chinese merchant, n14s"ancIs50
at llbertv. while the United States mar
shals till seek his brother Gee Tufc
Oee Yuk was captured with 16 ether
Chinese four years ago attempting to
enter the country from Mexico. They
were taken to San Francisco and re
leased on bonds for their reappearance
In court when wanted. The bond of
Gee TuK was unaeriancii '
Recently detectives learned that Oee
Yuk was wonting as a "
stead. When secret men went
for him Gee Yuk fled. Gee Hoi. his
brother, represented himself as Gee Yuk
and was brought to San Francisco. Just
as the deportation orter wae about to
be msde. Interpreter Dyid Jones Proved
tht h. was not Gee Yuk, snd his re
lease was oraerea. .
GOMPEBS RECEIVES
PRAISE OF UNION
MURDER CASE
AROUSES ALL
TEflSSEE
Beading from left to right they- are: Charles Deneen (Rop.), Illinois; Walter R. Stnbbs (Rep.), Kan
sas; Herbert 8. Hadley (Rep.), Missouri; John A. Johnson (Dem.), Minnesota; James O. Davidson (Rep.),
Wisconsin; Fred M. Warner (Rep.), 'Michigan; Albert W. Gilchrist (Dem.), Florida; Malcolm R. Patterson
(Dem.), Tennessee; Judson Harmon (Dem.), Ohio; George I. Lilley (Rep.), Connecticut; B. F. Carroll
(Rep.), Iowa; Cliarles K. Hughes (Rep.), New York.
GREATEST AMERICAN BATTLESHIP,
THE NORTH DAKOTA, IS LAUNCHED
Killing of Ex-United States
Senator Carraack Result
of Political Feud . In
volving Prohibition and
Anti-Liquor Forces.
(Special' DliDateh to The JooraaL)
Nashville, v Tenn.,- Not. l.Thl
state today is wrought up to an In
tense pitch of excitement over the
killing of Edward Carmack, former
United States senator and : late un
successful candidate ., for governor.
day have a peculiar bearing upon
the political situation in this section.
The struggle of the anti-liquor 'ele
ment for supremacy, whjeh. was tem
porarily brought to a close by the
election of Patterson, Carmack's op
ponent, to the governorship, the pri
mary fight ot Carmack against ex
governor Taylor for ; the . United
btates senatorswp and the vigorous
campaign' of the once famous leader
in the minority ot congress, lend
more than passing" interest to the
case. .' . -v-: 'v V v ; ; 'W- ; 'f: v ' ; ,;" ;
A special session of the grand Jury
will be called tomorrow to consider the
cases of Colonel Duncan B. Cooper and
his son Robin Cooper, who fired the
shots that ended Carmack' s life. It is
understood that Copper and his . son
will waive preliminary examination at
this afternoon's hearing; and their cases
win so direct to the Jury. -
Governor Patterson, a warm friend
of Colonel Cooper, Issued a statement
today tending: to .defend Cooper. The
governor says that he was In conver.
sation with Colonel Cooper yesterday
a ciiuii uina ueiuro me snooiiag; ana
that-ooper gave no intimation that
he expected trouble with Carmack. He
says that Cooper did everything in his
power -to avert a tragedy.
Witnesses will be produced te tes
tify in an effort to show that the kill-
ln was premeditated. It is reoorted
that one witness .will - testify that
Colonel Cooper's daughter telephoned to
him yesterday, sayina- that her father:
had gone out to kill Carmack and ask
ing that he be found and disarmed.
Cnlted Preaa Iae Wire.)
Washington, Nov. 10. The
Central Labor TTnlon of this city
today sent a telegram to Samuel
Gompers, president of the-Amer-can
Federation of Labor, con
gratulating him on not being In-
a vit to President Roosevelt s
; abor dinner.
i
IT PAYS TO BE ItEIGHBORW
; .-vVere we thoroughly,, truly; unselfishly and in every other way
governed by the golden rule, we should each of us strive to assist
our neighbor in adding to his prosperity by purchasing requisites
- of our sustenance" from him, thereby adding to the material .wel
fare "of? this said .neighbor, whether he be in Africa or Portland,"
said W. G. McPherson president of the W. G. McPhersoh company.
"Inasmuch as we iRive not yet perfected ourselves to thU degree,
'we should add to .the material prosperity of the state anj city as
much as possible by assisting our lmwediate neighbors' instead of those
' irt Africa or other "distant places, by making all possible purchase i
sfrom home manufacturers,. We are all quite. well aware that nothing,
builds uo a city or a eommunitv an wU as a hie- tavr6U in that
. ommunity,vand by the disbursement 'of all money for material and s J
labor at the neares point .'to its production. T,le man who does not
follow out this Irule, cannoTbe said to have the best interest of the, ?
city or losalitv In which he lives at heart, and it must be an extreme T
X cse of nearsightednes"s,'which' would prevent iim from o doing.
(Cb1U4 rrM Uucd Wlr.t
Qulncy. Mass.. Nov. 10. The North
Dakota. America's greatest battleship,
the first ship of the Dreadnought type
to be constructed in the United States,
was launched today at the yards of the
Fore River Shipbuilding c6mrny, be
fore a company of distinguished jnen
ana women. Miss Mary Benton of Far
go, N. V.. who had been chosen by
Governor John Burke to officially chris
ten the battleship, broke a bottle of
champagne across her bows and the
p 5Ud down th9 way amid the
whTtTJS of a freat throng of people
W,?..hd,.come. from Boston and neigh
J15 fitle!5 . Tln" the launching.
ihJ. crowf included Governor Burke
fn-h,s "ta" and a delegation of navy
2 c?r" and.. "Preacntatlres of the state
Qulney"0 nd tha clty of
ftalshedf0rth D,LkoU ,s now P' ct
-.'LAmerlc?n "eords for battleship
construction have ben Hroken In the
building of the North Dakota. All Indl-
wVrVhat "he wl" b completed
before the three-year time limit allowed
by the act under which the money for
her construction was appropriated.
The keel of the big vessel was laid
December 16, 'last, and by October 1,
the ship was 64 per cent finished. Her
builders hope to have her finished with
in two years after the keel was first
laid. "
The North Dakota la a sister sTiip of
the Delaware, which la under construc
tion at Newport News. The initial out
lay for the huge battleship was $10,
000,000. Her guns alone will cost about
$1. 000,000. She will have a long fore
castle deck extending from the bow al
most to the center of the ship. The 10
12-inch guns will be arranged in five
turrets, two to a turret, the forward
turret being so located that the axes
of its runs will be 24 feet above the
water line, and Juat abaft this turret
will be another, the barbette of which
will be of sufficient height for Its guns
to clear the roof of the forward turret.
. Abaft the break of the forecastle deck
and also situated on the axis of the
ship, will be two more 12-inch gun tur
rets the guns of the forward turret
in this pair firing over the roof of the
after turret. Abaft and near the stern
will be the fifth and last of theSg
turrets. Naval men declare that Do
navy in the world possesses a ship of
the Dreadnought type In which the guns
are better arranged.
For repelling torpedo attack the North
Dakota will carry a secondary battery
of 14 five-inch guns. These guns are
all to be mounted broadside.
The vessel will be driven by tur
bines of 25,000 combined horsepower.
These powerful turbines must drive the
battleship through the water at the
rate of at least 21 knots an hour,' on
the four hours trial run. if the con
tract is to be fulfilled. The officials
of the company confidently assert that
they will be ablu to do this and to go
tne government one better, making at.
least it knots speed. If this can be
done it win te a record to be proud of,
for It will eclipse the present world's
record of the Dreadnought. 21 knots.
and that, too, for a considerably larger
The length of the North Dakota Is
frio reet. ir stood on end she would
be twice as tall as the Corbett buildins.
Her beam Is 85 feet. Her complement
will consist of nearly 900 officers and
men,
HUGH
E8 INVITED
TO THE BAY CITY
Merchants Want Him to
Speak on Public Util
ity Commission.
(Caltes Press Letaed Wire.)
San Francisco, Nov. 10. Ths Mer
chants association of this city has In
vited Governor Charles E. Hughes of
New York, to attend the annual dinner
of the organisation, to be given in De
cember, and to make an address on the
uujbci, Ar state 'fuotio utility com
mission." This will be made the topic
of the evening in the event of the gov
ernor's acceptance. .... ;
ine. invitation 10 tne governor was
wired' by President Andrew M. Davis
of the association, -After extending the
invitation and paying -a tribute to
Hughes lo rds regulation of public serv
ice corporations of the. entire state, the
message1 nald rtv-"' . ..:..,..--'------"In
California the power to rearulate
rates of, public service is vested In the
count v board of supervisors and city
counclL- This method has undoubtedly
been productive ef much official and
HU1M ID
GOULD (MINE
Great "Western Power Com
pany to Furnish Elec
; triciiy for Lines.
. San Francisco, Nov. 10. The an
nouncement that the Southern Pacific
Railroad company is to obtain power
for the electrification of Its suburban
roads from the Oreat Western Power
company has led to a aeries of rumors
today that Harriman. with the Rocke
feller Interests, is fighting for the abso
lute control or ail the power interests
in ths state. .
The -Great Western Power company
la. a Gould corporation and the an
nouncement thai it will furnish power
for Harriman' lines Indicates that
Gould had to make mors concessions for
his Peace- with Harriman than It was
thought he had made.
The Standard Oil company and Har
preposition ' in - California with the ex
ceptjon .of the Northern Electric and
totaling roaas. . mess are Deuevea to
be -owned by Hill, who Would like a
footlnr on Kan Francisco bav. and who
is believed to e bacK of several new
roads on ths ccafc.L .U
GOES ON CHORE:
BACK II CORPSE
Peculiar Circumstances Sur
round Death of Clacka
.:j mas Farmer.
(Special Dianatcb tn The Jonrail l
Oregon City, dr.. Nov. 10. Louis Tur
ner. 70 years of age, a well-to-do Clack
amas farmer, living 14 miles up stream
on the Molalla river, left his farmhouse
last Thursday afternoon to salt some
came. - in a pasture about four milea
distant.
"I Ti l lu rlt-hf ulr ha uA 4n
nis 10-year-old granddaughter, as he
roe off on horseback. .
With the skull crushed and the fen.
tures mangled into an unrecognisab!e
mass, his body was found yesterday af
ternoon, on Pine creek, about two miles
froqj Scott's cabin. . His horse was
found, saddled, about a mile and a halt
from his home last Friday. .
l How he met his death arid If foul
blsy, what, was the object, are matters
that the authorities will be called on -to
decide.- Turner bore a high reputation
and was well liked. .
Tha theory has been advanced that bis
horse- might have stumbled and thrown
hlirw-.: V. . t -.- -
- - - - . ... a v. i uiiru
State Senator Edward CartnarcL ed-
w wiuDt7;aa.u - vi ,U1B1 City,
was shot and killed by Robin Cooper.
ui vuiunu uuncaji a, -cooper, rjoil-
tlrlan mt A A'1w.k "JC
Toung Cooper was shot in the shoulder
by earmark and slightly wounded. -
enth avenue on Union street and Colonel
Cooper and his son were- coming from
the opposite direction. Robin Cooper
fired first and Carmack fell drawing
his own pistol and returning the shots.
Carmack was struck three times and
died soon after failing to the ground.
The difficulty between the Coopers and
Carmack originated over caustic com-'
ments in the Tennesaeesn concerning
tha manae-ement nf tha atata n..ai .
ic machine of which Colonel Cooper was
a leader.
Bitter feeling between . Cooper1 .: and
Carmack followed the primaries - In
which ex-Governor Taylor defeated Car
mack for the Uniti Btates senator
ship. . .. : ;
Carmack rails, . '
Aa Senator Pnrmanlr fall m tv. a
of the street Colonel Duncan B. Cooper
put his arm around Robin Cooper and
both walked a few feet down Seventh
avenue to Dr. R. G. Ford's office, where
the wound In Robin's shoulder was
treated. Senator earmark's body was
carried to an undertaker's establish
ment. - " - ,- - -. , .
Carmack'a pistol, a S2-caIlber, was
(Continued on Page Three.)
KAISER FLIES III
TOE ZEPPWII
Three Hundred Thousand of
His Subjects Watch as
Ship Ascends. '"'
Waited Prves LMt Wlre.t
Berlin, Nor.' 10 Kaiser WUhelmmads
an ascent with Count Zeppelin today In
the reconstructed dirigible balloon, t)
Zeppelin I.; at take Constance. Thrfi
hundred thousand persons gathered
see ths monarch make ths flight.
Crown Prince Wllhelm made a fligi-t
In ths-same balloon with great iwi-.i
last , week and for some time it i
beenj the desire of the ernpft,r to .
company Count 2ppl!n on an a r v -
age. The annnincmfriit lhat , t .-,
highness would undi-t.,k. ihs t- ,
Caused gl15t ariKltrly a, ) l
throughout the einlli.
it was anm. i (.
errnnt ' :i- 'f t j t --.-.
l" tr"!! l't , t -
wow : In v ; 1? i
v t v , t
1 a '