-IT-- II TRAINS AND STANDS ., 6 CENTS.. . Sunday Journal Sc a The Weather Showers tonight xr Wednesday; southerly winds. . V c 7T7L FLIES J-rklffitel ' ' gr i l h-i 11 11 ; JOURNAL CIRCULATION YESTERDAY WAS VOL. VIII. NO. 147. PORTLAND, OREGON, - TUESDAY EVENING. AUGUST 24, 1909. EIGHTEEN -PAGES .. Pptpt? - Twn rrwrf':' ew ttn Airs irrwt w . , iTi.n. FIVE C1LMT1 PMS EGEB ASKS RAFT FOR immm. mvES TIMTIOM com HKCOUR FIDOS PORT T Hn Opinion on Case Appealed From Circuit Court for : Coos County,. Justice King Legalizes Measure1 Enact cd February J2, 1909. (Salem Burets of Tne Journal.) Balem. Or., Aug. 24. The act ot the legislature," approved February 12, 1909, authorizing the incorpora lion ot municipalities tor the im provement - of navigable bays, porta and lnleta from the -sea. Is found constitutional by, the supreme court today In an opinion written by As sociate Justice Will It. King The case Involving the validity ot the special port act is that of E. E Straw vs. W. C. Harris, J. C; Gray, ' E. Mlngus, W. T. Evans and Henry Bengstacken, constituting the board of commissioners of the newly. cre ated port of Coos ' Bay; -The case was appealed from the circuit court for Coos county and was heard be fore Judge J.. S. Coke. -Judge Coke's decree is affirmed. - Ths decision Is important la as much as a number of, Other ports are under going a process Of lncorporatlon,lmlilar to that of th port of Coos Baf, and th legullty of the Incorporation of th first port faas a direct bearing on the valid- Ity of the formation f all the others, The principles involved in the, case o back to state rights.' It-was -contended by the plaintiff that by the creation of the port of Coos Pay tne powers of the several small towns and municipali ties that were Included In the larger corporation would be curtailed beyond tne privileges comerrru va mew uj " legislative body of -the state. " Judge King holds, however, that should this principle become established. Oregon would soon be a conglomeration ot small states Instead of being one state. Question" of IdabUities. The question Is brought out that no limitation is placed upon tne inaeocea nrs of a port organised under-the law. Justice King holds that the constitution cannot be Interpreted so as to include , seaports when it says counties, and cities must not oreate any debts or lia bilities which, shall exoeed a certain '"Whether - the district ' IS" likely : to abuse . the' privilege .in this respect." says the Justice, "is legislative and not Judicial. It is not for the courts to .say whether legislation is wise or un wise, reasonable or unreasonable. Just, uniust or oppressive; that function Is for the legislative department alone. 'Tor tne courts xo ume uiu pi mh would be danrerous. as tn and not the people would be virtually the framers of the law. It Is the duty Ct the Jualciary to aeiermino wnni ins ftw la and not what It should be." . AjOOOraing to mm wiuwa, uiciii nm cities of Marshfield, East Marshfield. (North Bnd and Empire City may incur lituniiitics incorporated, as the Port of Coos Bay beyond the limitation rtxed !bv the legislature when those smaller municipalities now within another mu . Jniclpalty were first created. - . ' In other .respects the cities In the Port of Coos Bay are limited in power by the creation, of tne port ana tne questions arising an- new ones in this state. The Justice holds that no state are- ley can surrender its sovereignty Miinli, n, ItV UQ' ins riHii- BIV mains to the sate toUks, backprlv? lieges lormauy irwiiw:. r - :-; The case was-brought by Mr. Straw to enjoin the operation of the corpora tion. The decision of- the ourt today however, legalises the port act of Feb ruary li, unless the case Is taken to the supreme court of the United States for final decision. - -i' , Other Boilons. Rendered. In the case of- state va Whitney the supreme court has amended its former decree and ordered a new trial. In Its first order a hew trial was not granted. Tiys petition for rehearing in the case (Continued on Page Five.) PET MONKEY WILL y EXTEETAIN.A' FEW - OF ITS FRIENDS (United Preis Leased Wlre.l . ' Inox, . Mass., Aug. H. A -party for ,her pet "monkey will be given some time this week by lime, Zegglo Of Florence, Italy, -a daughter of Mrs. Charles T. Robinson of New York. Mme, Zegglo . arrived at ; the Aspinwall hotel yesterday carry ing her "monkey, a tiny ' South American specimen, . in, a - gold case. The marmoset 'is scarcely six Inches In height, and Mme. Zegglo places its value at 5000. The gold case In which the mon key Is carried Is worth half that sum. - I i i -i ' ..'v-:-:-V .; - Th monkey : was, -caught hear the headwaters of the . Amazon . river. Mme. Zegglo employes a special attendant i to look after the simian., ' - HILL INTERESTS WIN VICTORY A BATTLE FOR RIGHT OF ' WAY IfHAtlK'.." 'W1'!-" "SSISSJ ll.sj iijj i ; iiW wrn-iTrnjrsrwrs-farr-isTl . . .: ' .v 9 :. ; ' ..... . - ; - ; E. If. Harrlman, ' against whom Justice Bean's decision was ren dered. ' " FAMOUS CASE DECIDED TODAY Western Jobbers Gain Vic tory Over Eastern Com petitors by Decision. ' : (Cbl(ed Preis Leaud Wire.) Washington, Aug. 24. The cir cuit court today made a permanent Injunction restraining the.lnterstate commerce commission from enforc ing the order to compel the railroads to. give proportional through rates from the ' Atlantic seaboard to Mis souri J river ; points, i This f famous Missouri river case decision is a dis tinct! victory of. the western Jobbers over their, eastern cpmpetltors. It will affect the Jobbing centers west of the Missouri river controlled par ticularly by St. Louis, Chicago, Denver and Kansas City, conoy will FIGHT TO nninnA UULUI MOAPlflE HllllUHUUUI GARPLAIJTRIOTS? Pittsburg Police Search for : Noted Agitator Troops Subdue Strikers. OBlteS-Creis Lewd Wife.) Pittsburg,. Aug. ti. The police charge Emma Goldman, the noted an archtst, with-the responsibility for Sun day night's vicious rioting at the ' Mo Kees Rook plant of the Pressed Steel Car company. It is known- that Miss Goldman bad been in the city 'several days and the police say she made several speeches to the strikers, urging them to -burn the plant, ana inciting mem to other acts or violence. , --me ponce are searching the city for the noted "red."!1." If found she will be ordered to leave. '- . : Two more -strikers died last night making the total number of dead as the result of Sunday's rioting, eight. atlon well In hand, and are keeping the The authorities-today have the altu- streets clear Of strikers and their sym pathizer. .--.- ;v.-.i,; UHMAII DOME; IS FEELIHG GOOD Eallroad. Wizard 'Refuses to r. to Reporters, f " v New Kaiser fTJnlted Frew Leued Wire.) -The steamship K. . "Wllhelm II. with Edward. H Hafrlman on Jjoard, arrived at. quaran tine at' S:06 this afternoon. , The railroad wlsard told the renor. era tnat ne was - ieenng pretty good," but refused to make any statement. - HIGH PRICES FOR ROGUE RIVER PEARS (Special Dispatch to The JooraaL) Medford. Or.. Aug. 24. Rogue, river valley pears sold in New -Tork Monday for JS.60 per r boat and in Boston for 13.70. Indications are for 14. Marktt and fruit growers In the valley are jubilant, for this year's -crop is not only heavy, ,but record prices are In stKht.- Up to Monday evening Kg cars of Bartletts were shipped east. The yield la heavier tiuun was expected. .... WHAT VICTORY FOR OREGON TRUNK MEANS , Hill .given year's start, over Harriman in race for, central Oregon by injunction granted by Judge R. S. Bean in federal ' court. Harriman interests immedi ately demand order keeping Hill off all Deschutes property not now held by him. , Deschutes Railroad company (Harriman) declared to have no rights in upper 60 miles in 12 miles of conflicting surveys. ; Consequently have no right to question, validity of Oregon Trunk's Nevada incorporation, .question, of survey having been made before incorporation, and alleged deception of - the secre tary of the interior. ' ? Brings case to next step in litigation - namely, permanent injunction against pescjiutes. Kauroad company, and argu ment of Harriman restraining order against Hill in lower 40 miles of Deschutes canyon, where rights are said to be contemporaneous. Is, i. ; SITE SELECTED AT J. J. Hill, who is reported to be back of Porter Brothers. Enjoining, temporarily, Harriman interests from ? occupancy of dls puted right-of-way in Deschutes canyon, " Judge "Robert. S. Bean in federal court this morning pro claimed victory for the Oregon Trunk Railroad company, or Hill Interests, and recognized every right contended for by Carey & Kerr, giving Hill at least a year's start in the race for Central Ore gon. ' '," "W. Cotton, chief counsel, for Har rlman In the northwest, listened .to the reading of the decision, with the stunned manner of a man who has been struck a crushing blow. Then, with character istic aulck recovery he sprang to bis feet and. In the face of protests from Judge Carey, Boldly demanded an In junction against the Oregon Trunk Rail road company, preventing the latter from occupying other than the 100 foot strip, their absolute title to wniea recognised by the court. - Sweeping Tlotory. . , Ths temporary injunction as granted in favor of the Oregon Trunk by Judge Bean will have la Its provisions decisive influence n every other phase of liti gation yet pending or yet to bo brought between the rival railroad companies. When Mr. Cotton makes appearance before the court this afternoon or to morrow to plead for a second injunction in .niani-a with tils demands of this morning tnere wiu oe .V" A relating to tne orgar.isauun wi gon Trunk that he - will not be allowed to mention. These are: nJ .. Th.t th. nrwmn Trunk railroad is a Nevada corporation and a such has no right to construct in Oregon, having been vested with no such right to N- T"That the survey of the line delin eated on the Oregon Trunk's map is not In compliance with the provisions of the Incorporating act of 187S and the secretary of the Interior had. for that reason no power or authority to approve the map, and 'That tha statement on the face of the map that the survey was made af ter the organisation ot the Oregon Tnmv railroad is false and untrue as the survey was. In fact, made prior to such organisation and therefore tne sec retary or tne interior was aeceiyeu (Continued on Page Fourteen.) VALUABLE MINES - SOLD AT AUCTION Copper; Company's . Proper ties in ."Montana Disposed of at Trustee's Sale. rrrnKaA Pnmm XmmrA Wtra.1 Ttfthiir An U ill th. nmmrtlM Of the PitUburg and Montana Copper company in the vicinity of Butte will do sola at auction at a trustees sue here today. - . - ' The properties Include lands, mines and smelters. There are 680 acres of land In Jefferson county, Montana, and it lode claims in lewis - and Clarke counties. A number of letters patent and Da tent rishts. foreign and domestic also are to be sold, ' - . I TRAINED NURSE REPORTED LOST Katheline Prise Goes Shop ping and Fails to Keturn Foul Play Feared. (United Frets Leased Wire.) , Ban Francisco, Aug. 24. The mys terious disappearance of Mrs. Katheline Prise, a - trained nurse, ' who arrived from Manila Saturday, Is causing mych worry on the part of her friends and today the police were asked ta find the-yiJUng woman. Miss Prise Is a stranger in the city and it is feared that ahe may have mat with foul play. Oa arriving in San Francisco Miss Prise, took a position nursing at the Hotel Victoria. Yesterday she left the notel to do some shopping. Bhe aid not returned and has not been seen since. That she had no intention of remaining away is evident by the fact that she left ber clothes and money at the hotel. The purse she took with her contained Just enough , to meet the payment on me pucnases sne intenaea maxing.(. PALlsTfiELDS SWEPT BY FIE Heading: and Threshing Crews Fight Flames Grain Destroyed. (Special Dispatch to The Journal.) Colfax, Wash., Aug. 24. The most disastrous grain field fire In the Pa louse country this year occurred Sat urday morning, threp miles north of Diamond, when 3000 bushels of wheat belonging to John Kirkman and 1500 bushels of stacked sratn belonElna; to jaca stuart was oestroyea. Tne nre originated on the Kirkman place from embers left at the setting . by the threshing engine, which' left the field nearly 48 hours before and when dis covered had gained such headway that It spread to Stuart's farm adJoinlnn- despite the efforts of over 100 men from nearby beading and threshing crews and it required several hours hard work to get it under control. The grain was .insured. OUTING MAGAZINE SOLD BY COURT Deposi (United Praas Leased Wire.) it. N. T.. Aua. 24. The ext slve manailne publishing- plant of the uuting jfuDiianing company will De sola at public auction today by order of the leoer&i court. I ne uuuns- maa-asme. tne Bohemian and several other periodicals were published by. the company. In the Want Ad Section of The Journal Today. 63 23 51 115 47 43 15 33 , The Journal "Want Ad" D pa-rtmont maintains s free bu reau to assist the public In the ' recovery of lost articles. Advertise for herp Advertise for situations Advertise furnished rooms for rent Advertise real estate for sale Advertise business chances Advertise houses for rent .:. ... ', Advertise flats for . rent- - Advertise housekeeping rooms for rent.. Gas: Traction Company Se lects Portland as Most Suitable Place for Loca tion for Large Machine Building Establishhient. One hundred . thousand dollars ex pended in factory buildings and ware bouses on eight acres at Kenton. ISO of the highest skilled workmen to be ob tained, with homes near the factory site; the. manufacture of a gasoline traction engine which is destined to change the farming system of the Pa cific coast and Portland as the home of this company this Is the announcement made by O. P. Conger, at his office, 20 Washington building, this morning. It has been some time since the news has been made public of the coming of an industry of such great importance to Portland as that outlined by Mr. Conger. -Mr. Conger is representing the Oas Traction company of Minneapolis. For some time he haa been investigating the advantages of various cities of the Pa cific coast and has at last determined tnat Portland offers the greater number of facilities for the conduct of his busi ness. Accordingly the Pacific Gas Traction company is now In course of formation. . . , v It will be a subsidiary company to the Gas Traction company, but will nevertheless be entirely Independent in Its business transactions, and will be composed of and officered by Portland and -Oregon men. Tha majority:. of its stock will be held by Pbrtiaiufmen and its DrlnctDal Dlace of . business . an4 Ha manufacturing plant will be located In rvruwio. Vames Mot Mads Public . . wnue tne orranlzatlon haa nut anna SO far that it Is desired to name those composing; the company, still an option on ine property at Kenton Mas been se- curea, tne plan xor the factory build ings are now being drafted, and the final negotiations .will . be concluded witnm a very few days. ' t It - is estimated that the main fac tory building will, cover 30,000 square feet of floor space. 'In addition to this main building will be paint shops, store houses and other needed buildlna-s. which will occupy as much or more space. Plana are being drawn for these buildings and it is expected to com mence their construction within a month rrora tne present time. It Is the expectation of Mr. Conger that the power can be turned on in the factory building by the first of Decern - oer. i ne company plans to produce 160 of the big engines during the first year ox Dusiness. this outDut wilt De in creased as the business a:ets into run mus snaps in me new territory ana tne maraet aemanas. Opens Sew Pield of Xbor. Tne facina oas Traction eomnanv will open an entirely new manufactur ing Tleld in Oregon, and in fact on the Pacific coast. It will construct new type of traction ensrlne for use In farm work.- This engine, which is a big CO horsepower machine. In not an un known quantity, having been used for some time on the big fields of the Da kota wheat Jielt and throughout the mid dle west wherever It Is desired to have an engine or great traction power at the smallest ' possible weight and the least possioie operating expense. A SDecimen or tne engine la now being set up at the Oregon Iron and Steel works and within a day or so will be driven from there to the Ladd farm where those interested in the company or in the machine will be enabled to see what it can do. The enirlne stands On drlvlnr wheels eight feet in diameter with rims a foot or more In width. It is equipped with a 60 horse power four cylinder gasoline engine of -the automobile type. These engines are connected close to the tires men gives great drlvlntr power, so that the maximum of power from the engine can be utilised In the work it haa to do. . Will Revolutionise Panning. Mechanically the engines are cc Uncle ; Joe Snorts V DefyTherc'II Be . "Doings" Next Dec. I n a) fx. -:;::: J (Continued on Pair Pour.) POLITICAL FEUD CALLS OHLITIA Two Companies Are Ordered to Meadville, Franklin ' County, Miss. ; ! ' fOnlteS Pma Leased Wire.) Natches. . Miss. Auk. ,24. .Two com panies of state militia are encamped toaay at Meaavuie, t-Tanitiin county. with orders to prevent, at an v cost a threatened clash between rival political factions - whose differences apparently were not . settled at . the recent elec tions. - ,.-!- t : The ' soldiers -were hurried to Mead ville by -Acting v. Governor 4. Manshlp when a telephone 1 nvaaag-e was re ceived at the gubernatorial -residence late yesterday, telling of an attempt to assassinate Chancery Clerk Newman. The message, which was' sent by Sher iff Jones, stated that ' several shots had been fired at Newman through the! windows of-his home, and that he had been severely wounded.- - Newman's father recently, held the chancery office. He was- shot- and Joseph Cannon. .. ffnlttd Pre Leased Wlre.t Mackinac Island, Mich.. . Aug. 14. "Why tn hell should I notice Fowler V asked Cannon today, referring to Fow ler's open letter of yesterday In which he attacked "Cannonlsm." Cannon read every word of the letter and .then, said:; -t, v.... "Get a pencil, andt take this: "I've glanced at Fowler's letter. To those having ths patience to read it. If there are any such, it will "appear when in the exercise of . the duties of speaker I failed to make. him chairman of the committee on currency and banking, to his mind I became thoroughly selfish and generally a bad cltiien." - - Cannon then added thai he is willing for his colleagues of the house of rep resentatives to judge his ' action in re fusing to appoint Fowler. When asked If he would ' speak spe cifically regarding Fowler's -. arraign ment Cannon said:- . . - v . "Why in hell should 1 answer him? He's a joke and all congress knows he's a joks. It would be beneath my dignity to notice any statement- made by Fowler.-- - ."-.r-'-'w , ;;-, - "I'll ' make fur fly -.' when conirrees convenes in ' December.) Some of these malcontents need to be disciplined.'' . I'M SHE LOVES INCUBATOR BLABY Mrs. Barclay Tells Why She Kidnaped Child From ' Kindergarten. , IMPS BALUIIGEIi IS CALLED TO ; COUNCIL Special Agent Puts Facts Before . Government and Morgan-Guggenheim , in terests Will Be Put Under Fire Scandal Brewing. .i-fr..-.. By John E. Lathrop. ; Washington. Aug. 24. Morgan-Hammond-Guggenheim interests ara to he investigated- . In - connection with the Balllnger scandal. ' .; (United frees Leased Wlre.t Kansas City. Ausr. 24. Mrs. Barclay. who through Attorney John Gentry has petitioned for a -habeas corpus to re cover 6-year-old Marian Bleakley, the "incubator baby"' who it Is alleged she kidnaped Saturday, today discussed the aiiegea Kidnaping or the child. "You wonder why I love the baby. she said. "If you had seen her clench ing her tiny fists - and gasping for breath in the Incubator at the St Louis exposition, you would wonder why Marian is alive today. I say without boasting that it was my care and love saved the child her life. , "It is remarkable that sheIs -not afraid of me today though.- I do not anow au mat Mrs. ineaKiey pas said to poison her mind." 1 "When you picked her un the other nignt aian t Marian aK you lr you were going to kill her?" Mrey Barclay 'vcs aongu, i . Yes." she renlled. I wouldn't kill you,' I said to Marian. The child in sisted that 'they' had told her that sne would Pe killed and finally I com- xorieo ner ana sne warmea up to me. While Mrs. Barclay was taJklno- tha. cniia sat pesme her and the woman's hands strayed almost unconsciously to Marian's head, which she netted lovina ly. '1 did not Intend to kidnap the baby when I went to Topeka," continued Mrs. Barclay. "But I saw the child outside tne kindergarten poorly dressed, and it maae ray . angry, x taixea to her and learned tnat ner mind was poisoned and then I decided to act.'' The habeas corpus oroceedinrs will ha neara tomorrow. Today the haby was . happy and lauarhed. JalU - and played that she .was tn E USIOIIIS killed In, Meadville durin a a battle six weeks ago. The younger I ion, and even before the lifeboats could jsewman was eierira id lui-reea nisioc lowerea. factional OROVVn like mis Two ; Hundred and Fifty Passengers Perish in Montevideo Harbor. TJnlted Frees Lease Wire.' Buenos Ay res. Aua. 34. Two hundred and fifty excursionists aboard a Ger man excursion- steamer lost their lives today when the vessel wae rammed at the entrance of Montevideo harbor by the Colombia, another excursion steam er. When the Colombia, heavily laden with passengers, collided with the, Ger man steamer a panic -ensued aboard both vessels. Luring the panic a number of excursionists jumped : overboard and were drowned, s Vessels are now cruising- around the scene of the wreck In the hope of saving tnose Who may have managed to keep afloat. Among the few sared from the Ger man vessel waa its captain. When he saw that his ship was aoine- to the bot tom he attempted to end his life, and was only prevented rrom so doing by other officers of the vessel, Those aboard the German steamer had little chance for their lives as the vessel sank witnm a rew minutes after the coins V father, winnlnr out over candidates for? the office. five other! A misunderstanding of sla-naJs'ls re- ported, to have caused the accident ) "Washington, Aug." 24. The presi dent, has ordered , Balllnger, Pierce, Schwarta and Dennett to report in full In the Glavia ' charges which were filed recently In connection with the , Cunningham 'coal .cases. This opens what is certain to Be a remarkable investigation. - , , ;;; It is said to be certain that the at torney general will uphold the Glavis charge, thereby defending the -position taken by the interior department The Glavis protest seems to be fully borne out by records in his possession, as fol lows: July 18, J 9 09,? A. C, Shaw, acting law officer of the .forest, service, re ceived a telegram from Glavis from the field division land :of flee, at Seattle, In form In Shaw that coal claims covering enormously valuable; coal, of which halt these claims were in Churgach national forest . reserve, known as the Cunningham- group, were about to- proceed to hearing. Glavis requested the cooperation- of the forest service to secure the postponement of action until the ' government s case was complete. Post ponement was then secured by the for est service, of which Pinchot was the head. ,,...- , 4 , . - -V-, '.'--- Bend , Expert. --. vj. ' '; The district forester at Portland wa advised of the situation and instructed to take the matter up with Glavia as a safeguard of the National forest inter ests. ... --.;' , An experienced coal expert 'was' sent by the' forest service to Alaska early In August to investigate the coal claims.' -Having secured postponement of im mediate hearings, planned by tha de partment of the interior against the ur gent recommedatlon of Glavia the forest service now awaits reports of Its coal expert and local forest officer before recommending final action. ; Shortly after the receipt of Glavis' telegram Shaw, at Associate Forester Price's direction, went to the general land office to examine these records (Continued on Page Ten.) ELLIS FAVORS SHIP SUBSIDY Oregon's Congressional Eep resentative Says He Will Vote for Measure. ; San Francisco, Aua-. 14. At a ban quet tendered the members of the con gressional party en route to Honolulu last night in the colonial ballroom at tha - St. Francis hotel, , a number of congressmen "assured--the' people ef the Pacific coast that a ship subsidy bill to build UP .the- American, merchant marine would be passed by the bouse at . the next session ot the (1st con gress. Congressman A. J. Brachfeld of Pennsylvania, said: -''f -- i i , "We are a positive ioke am on a- the nations of the world In maritime mat ters. My suggestion is to add eight or nine - millions to the expenses of running the government for the- pur pose of encouraging congress by sub sidising merchant lines between our. ports and tlioaft, of South America and the orient" - . . W. Ft. fans, representative for Dis trict" No. 2 of Oregon, stated that he had voted -for' the ship subsidy at the last conirresa when it was defeated bv only three votes and that he Intended to vote the same way when, the bill comes before the next session. A number of other eonaresamen said they favored the passage of the bill. CABMEN PRACTICE HIGH FINANCE WITH ' SERIOUS RESULTS 1 ' (United Tjts LeaieS JFlre.1 . Paris, "Aug. 14. Severat Purls . cabmen -.were sentenced to 'var ious terms of imprisonment to day en conviction of saving mrnle their taxicabs register false rtia ' tances. Jhtte of the oonvlrti-d .men had discovered a mtt'uo.l i-f using a thread to make the reg ister ran twice as ft a It should and a fourth was (n:'it turning the rear wheL f h! taxi- like a whirlwind. He hs f Jacked np the onb f-r Iher p.ir pose. . The frauds wi" (f es ty case' coromltted whil th f i;- - had temporarily l-.ft the e