KT6'f Fiiiiif Tenet
Is' one of the Wngs a want ad. doeav .
2?Bureiri-l 'usuallyukklr. 1 Try
im l,:'' one v In- The JoaraU.',JaS Si i.
' iTHKY- COST YQU BUT UTILE-:.:,
'-
Period of Lethargy WSuc
ceeded by One of Unwonted
; Activity, Following 'Standard
Oil Billing Yesterday.
(United Treia tciied Wire.)
Xcw York. May Insertion of the
words 'unreasonable combinations" Into
'. the Sherman anti-trust act by the su
preme court of the United States today
' delighted persons Interested In the stock
market, with the result that, after weeks
, f .lethargy, the stock exchange: today
took on unwonted activity.
As an indication of the satisfaction
felt at the decisioirin the, Standard Oil
case. It was stated in the street that
all brokers were flooded with buying
orders long before the regular opening
hour. The result was a stronger tone
everywhere, some of the leading Issulh
making decided gains. i"
Boom possibly Spasmodic" V
( There is a big difference of opinion
In the. street as to whether the boom
will prove spasmodic or is really the
beginning of a big year In stocks. The
. most noticeable thing on the floor of
the exchange was the small amount of
actual stock of fewd.
The curb was excited at the opening,
Vit later Quieted down. "
. It was generally agreed that as the
result of the supreme court's decision
the stock of the Standard Oil company
would be' more valuable than ever after
the reorganization of its subsidiary
companies is completed.
Steel Head Pleased.
Judge M H. Gray, chairman of the
-owdof--dlrjw!tor8..pf theJUntted States
Steel corporation, said: The court's
languagishould have a' good effect. In
the" comparatively near ruiUTe ousmess
"conditions - will show surprising im
provement Some companies may be
compelled to reorgahlze. but those not
going contrary to public opinion will
; not be affected." i
' Robert M. t FoHette, United States
senator from Wisconsin I regard the
decision aa , most dangerous. If it to
true, as Justice Harlan indicates, that
combinations, to be unlawful, must ex
ercise an "unreasonable" restrainfupon
trade, the court has written Into the
statute a word which congress refused
to Insert for which the trusts fought
a,nd were defeated.
Pavors Imprisonment. v
William 6. Kenyon, United States
enator from Iowa It Is not sufficient
to limit the penalty to a fine and the
dissolution of an obnoxious combina
tion convUsted of violating the law. I.
am in favor of amending the law so
that the guilty persons wiU.be impris
oned. TJ. A. Culberson, United States sena
tor from Texas I agree with Justice
Harlkn ihat the court has no right to
Inject outside matter into the law by
defining . reasonable or unreasonable
combinations.
John 8. Miller, chief attorney for the
(Continued on Page Two.)
CLAUSE IS RAPPED
AS
Harlan's Criticism That Su
preme Court Has Usurped
Powers' of the Legislative
- Branch in Oil Decision.
(United PrM Ua Wlrt.
Standard Oil Stock.
Yesterday
Today . . .
'. 665
Decline .... ........ 20
.Washington, May 16. Three phases
of the decision of the supreme court in
the Standard' Oil case have focused at
tention, of legal, minds here today. The
' firat 4m thu ' "Hcrht nf .tontnn" tf far
i,v' I . ''"-Ai,i'.t:--, 'K.'1'
J.-.'?. -V' ' 'nn .i ' ('!'i
: - - : - 4 - v,
LIGHT OF REASON
AMENDMENT
& violations -of "the Sherman law. The
second is the sharp criticism of Justice
Harlan that by this interpretation the,
upretrie court Jias "amended the con
stitution" by usurpation of powers of
.- the. legislative branch of the govern
- raent. The third Is the belief that the
decision gives the subsidiary corpora
tions of the Standard the right to re
organize Mnto new . combinations after
. the parent company has been dissolved.
The three phases of the question are
contained in three paragraphs of the
decision. The 411ght of reason", clause
Is from the decision of Justice White.
"Ught of Season" Clause.
'.It follows: . f' ,V
t'The merely generic enumeration
Which the statute makes of the acts to
which it refers, and the absence. of any
definition of restraint of trade a used
In the statute, leaves room for but One
conclusion, which is that It Is expressly
designed, not to limit the application of
y the act unduly by precise definition, but
. while' clearly fixing 4 standard thatlis,
r by defining fhe ulterior boundari'es,
, which could not be transgressed Ivlth , tm-
(Continued on Page Two.)
h t
r x , ",v j -f " "f
3 '
John 1. Rockefeller, dominant
Government Official Says That
Prosecution of Standard Oil
Heads May Follow Action of
Supreme Court.
(United Prwi IrtttA Wire.)
Washington, May 16. Ailgh govern
ment official today stated that criminal
prosecution of' the Standard Oil offi
cials may- follow the decision of the
United States supreme court declaring
Standard Oil a trust.
Attorney General Wlckersham Is to
consider the matter soon.
Possible obstacles to a prosecution
confront the government in the statute
of limitations under which the oil of
ficials are expected to claim Immunity.
To offset thla the government, if crlnu
Inal actions are Instituted, will take the
position, that the combination continued
its offenses to the time that the trust
was ordered dissolved.
Justice - Gives Vnt to Tftie
Feelings While Wife Silentjy
Applauds.
.Cniua Pre Leued Wire.)
Washington, May 16. -That all is
not peace and Joy in the supreme court
of the United 8tates Is clearly seen
here today, following the dramatic .de
livery, of Justice Harlan's separate
opinion In the Standard Oil case.
Speaking before his wife, whose eyes
encouraged him from the front seat of
the courtroom during the delivery of
his opinion, llarlan bitterlfer denounced
his associates' action in declaring that
restraint of trade must "be '"unreason
able" to come within the meaning of
the Sherman law. Justice Harlaa de
clared that his fellows of the court had
legislated, not Interpreted- the law.
It is well known that President Taft'l
action In elevating Justice White to
the chief Justiceship was a severe blow
to Harlan's pride, but until- his Stand
ard OH opinion was delivered It was
not known how deeply the slight had
struck .. home. ' - With his wife silently
applauding the Jurist In his address,
there was a little play of tense heart
Interest the highest court ef the
land, such as probably its walls had
never 'eeen before.. ' .
Shipping Strike to Start Next Week.
, t'nited Press Letted Wire.) :
New York, May 16vs-Official commun
ication from, the Seamena, International
committee received . today , by Secretary
Matthew Teale of the; American branch
of the National Sailors'.' and Firemen's
union of. Great Britain stated- that the
proposed' mammoth International, phlp-ping-str(ke
will tart nextf week. v;
''' i': '" ' ' -f' ' -J-'y'' , . i , ,. , . i v " " , , ., ., ', -tli . iffilfe :i' i.' ' ii. " . ' m' 1 ii i i i ' i
CRIMINAL AC1N .WINS NOMINATION
CHIEFS PROMISE BY TOSS OF COIN
HARLAN S OPINION
SHOWS HURT PRIDE
'it'
' . ' t
,f 'i''.f j -'-41'
Z . 4 t f- 15v ' W
figure in the Standard Oil trust.
Jordan V. Zan Proves Lucky
Man in Dally With Chance
to Break Tie Vote With Op
ponent Mann.
JA, v
Jordan:"V. ( Zan. who won seat in
council from T. S. Mann, by toss
of coin.
Jordan V. Zan, baseball and football
player, tracj;, athlete, golfer, and ell
around sportsman, , social favorite
and popular clubman. Is . the Repub
lican nominee for councilman from tho
First, ward.
Three tosses of a silver dollar decided
the wlaner in the. race between Mr. Zan
and T. B. Mann,, each of whom polled
160 votes in the primary election. Mr.
Mann announced after the final flip
of the coin that he would not contest
the "vote. He shook hands with. Mr.
Zan,' congratulating him warmly.
City AueMtor-Barbur had. notified both
candidates to appear at his office, this
morning at 10 o'clock. They arrived
on time, but the city auditor did not
know what the law on tie votes.provlded
for. - The party visited the city attor
ney's office, where, after lengthy delv
ing Into the statutes. Deputy City At
torney H. M. Temlinson discovered that
the nomination had, to be decided by
drawing lota......... ,.
Mr. Mann asked If there was anything
in the statutea that would entitle him
to ask for a recount of the votes before
drawtng. He waa Informed that there
wtfa.no such statute.. -,. ;-' ':..,,:, .. ;
; Cola In Tossed. ' 4'-
"Go ahead . and toss a coin, "draw
strawa or settle it any other way. you
Want to,", enthusiastlcallyoeolared Mr.
(Continued on Pace Fifteen,)
:.1 g
ex
4
BALLOT IN JUNE
Presiding Judge Gantenb,ein
Makes Ruling7 in Ellis Case
Appeal to State Supreme
Court to Be Taken.
SIGNERS SHOULD BE
- REGISTERED, HE SAYS
Court's Decision Made in Or
der to Allow Prompt
Action in Matter.
In order to give the supreme court
Lan opportunity to pass upon the ques
tion 'of whether initiative petitions must
be signed by. registered voters, or
whether It is sufficient that they ba
signed by legal voters, Presiding Judge
Gantenbeln this morning ruled that the
Ellis paving petition should go on the
ballot for the June election. The Judgdft
plainly said his opinion was that sign
ers must be registered, but to hold this
way would shut out any chance of an
appeal.
The Judge also censured the oppo
nents to the Initiative petition for a
municipal paving plant for not bringing
action earlier, in order to give moro
time to considering the question they
raised. Attorney Martin Watrous yes
terday asked for a writ of mandamus
ordering the city auditor to place the
Ellis petition on the ballot. He was op
posed by City Attorney Grant for the
city, and Attorney W. D. Fenton for
the paving people. The attorneys this
morning, after the decision, agreed to
present the matter to the supreme
court as early as possible, and City At
torney Grant left at 11 o'clock to go be
fore the supreme court to arrange for
the hearing. In giving his decision this
morning. Judge Gantenbeln practically
overruled Ms opinion In the Tyler
Woodward case, but said the hearing on
the Ellia petition was a rehearing In the
Woodward case. Hia opinion In the mat
ter Is In part aa follows:
Marked Distinction.
. "The question involved is as to
whether initiative petitions must be
signed by registered voters, or whether
it is sufficient if they are signed by
legal voters. There is, of course, a
marked distinction between legal voters
and registered voters. A man may be a
legal voter and may not have registered.
The very same question arose In the
application of Mr. Tyler Woodard for a
writ of Injunction, enjoining the city
auditor from placing a similar initiative
petition on the ballot. The Tyler Wood
ard vs.' A. t-.'Barbur proceeding was
argued and disposed of last Thursday.
(Continued on Page Sixteen.)
(United Press Leasod Wire.)
San Francisco, May 18.--"One of the'
most brilliant speeches ever made in
California" Is the general verdict here
today, of the address made by Governor
Woodrow Wilson of New Jersey last
nlghtat a banquet at the Fairmont ho
tel here under the auspices of the
Princeton, Tale and Harvard clubs,
largely in the hands of men connected
With "the Interests."
"Party lines are so disturbed today,"
said Governor Wilson, "that we are
making a campaign of identification.
We have come to an age where old
standards and traditions do not fit
Politically we don't know where we are
"Why are people now thinking of di
rect legislation? Because in most statea
representative government has repre
sented a sinister set of Influences and
not the community as a whole. Tou
people In California tired of your legis
lature because It represented thp South
ern Pacific. . -
"Take the Issues of the initiative and
referendum. Why do you wish to up
set the present representative Institu
tions? Because the tight to make laws
lies with the people and not with the
Joseph Simon is to be, the leader of
the anti-Rushlight Republicans Jn the
campaign for ae mayor" chair. . Yields
lng to the pressure which has been
brought to bear upon him, and respond
ing to the urgent call that he shall take
up the fight . so many others have
shunned, Mayor Simon has decided to
try to succeed himself.
Mayor Simon himself Is not sponsor
for the announcement of his candidacy.
When questioned this afternoon, he
merely stated that he has been strongly
besieged by those who Want him to be
come a candidate., but was not ready to,
make a statement.
That he has agreed to lead an Inde
pendent" movement was the information
conveyed t ft meeting of business men
this : afternoon, and it came from
sources close to the mayor; leaving ,tio
4oubt of its - authenticity." 'v,The , com
mittee which, has been jsaating About for
a candidate at once abandoned all ether
WOODROW WILSON S BRILLIANCY
AWES SAN FRANCISCO AUDIENCE
MAYOR SUN CONSENTS TO RUN
INDEPENDENT AGAINST RUSHLIGHT
ocraSs
'CONTEMPT' BOARD
Piqued Jurist, His Decision Re
versed by Supreme Court in
A. F. of L Case, Begins
Private "Investigation,"
PLAINTIFF'S LAWYERS
MAKE UP "COMMISSION"
Orders Inquiry "to Vindicate
and Sustain District of
Columbia Tribunal."
(United Press Lessed Wlre.
Washington, May t. Justice Wright!
of tho supreme court of the District of
Columbia today appointed a commis
sion to determine whether Gompers,
Mitchell and Morrison, president, vice
president and secretary, respectively, of
the American Federation of Labor, were
luilty of contempt of court.
upon cue ueciBiuri ui hub vuiuiimd-
slon Justice Wright will base his fur
ther action In the case.
Decision Leaves Opening.
Justice Wright is proceeding under
the decision of the United States su
preme court. According to him, the su
preme court's decision, left open the
possibility of Wright himself ordering
contempt proceedings against Gompers.
Mitchell and Morrison fori their falling
to obey his injunction. It was held
that the court had dismissed the Jail
sentences on the ground that action-had
been brought by the Bucks company,
and In such an event only a fine could
be Imposed. The Inference, Justice
Wright holds, was left by the supreme
court's decision, that if. Wright's court
had taken the Initiative the result of
the appeal might have been ' different.
Justice Wright named Attorneys J,
J. Darlington, Daniel Davenport and J.
M. Beck, all of whom were -.counsel
against the defendants In the original
contempt .proceedings.
Justice Wright authorised the com
mission to Investigate the entire pro
ceedings whereby Gompers, Mitchell
and Morrison were sentenced and to In
stitute contempt charges against the
three labor lcadera If the -facts war
ranted action under the supreme court's
decision.
The order said:
"It appears that Gompers, Mitchell
and Morrison were guilty of contempt
of court, regardless of the decision
handed down by the United States su
preme court and punishable under Jts
terms."
"I have ordered the Investigation,"
concluded Justice Wright, "In order that
the supreme court of the district of Co
lumbia jnay be vindicated and sus
tained." special interests, which happen to be In
power.
"Money Is at the bottom of all mis-.
representation. Not money put Into'
me nanas not DriDts. mars old racrh
ioned. crude. Bet the same lend is ac
complished by convincing men that if
they do not' do as they are told, they
cannot get money for their -business,
cannot get accommodation at the banks.
I don't know that this is done in Cali
fornia, but I do know that It is done
In New Jersey, and I make a shrewd
guess that here the conditions are' the
same.
"But the real genuine Insurgent not
only does not get an invitation to tho
banks he gets no invitation to other
places. .He becomes not only a polit
ical, but a social outcast.
"But It Is a hopeful sign that I can
say such things in the company of men
who do" such things and not only not
be put out of the room, but receive gen
erous applause."
Hearty laughter greeted this sally at
the men of the "interests," of whom
one after another rose and pleaded
"not guMty" to the Wilson arraign
ment. names and prepared to get behind the
Simon movement"
' Excitement Zromlsed.
With Simon as a candidate the voters
will be assured of plenty of excitement
for the remainder of the. campaign, in
stead of the listless outlook when only
Rushlight and George H. Thomas, the
Democratic nominee, were In sight.
Simon has always been able to muster
a large vote. He Is a master politician,
and his friends rely .upon his organizing
skill, coupled with the anti-Rushlight
sentiment, to pull him through.
Simon's candidacv la thn
determination of dissatisfied elements
ox tno ttepuoucans to Drtng out a can,
didtte in. opposition to Rjashlight, who
is bitterly opposed by a "large section
of the party, Immediately after the
primaries, beginning . as soon as the
count dlsolosed the success of the' east
(Continued on Past Six.) "
PRICE TWO
Victoria Monument
Erected to the memory of Queen
Victoria, London; unveiled today.
Ceremony Is Attended by the
Kaiser and Kaiserin; Prin
cess Victoria Louise and
Many Others of Royalty.
(United Prrss Lesssd Wire.)
London, May 16. The Queen Victoria
monument In front of Buckingham pal
ace was formally unveiled by King
George today in the presence of Queen
Mary, the kaiser and kalserln and prin
cess Victoria Louise and Prince Joach
im of Germany; Queen Alexandra, Queen
Maud of Norway;, the Duke of Con
naught and all the members of the
British royal family.
The ceremony was attended with full
state and military honors, and some
8000 prtvllged guests were given seats
behind the lines of soldiers. These
guests included . the whole of King
George's household and personal staffs
and the former staffs of King Edward
and Queen Victoria. -
There was no procession because the
royal party had only to walk through
the palace gates into the Mali and they
were upon the scene of the unveiling.
The massed bands of the guards played
the British and German national anthems
while the king and his guests were
taking their positions and after a short
religious ceremony, conducted by the
Archbishop of Canterbury, King George
pulled the cord which released the can
vas enshrouding the late aueen's statuw
and to the strains of "God Save the King,"
the troops came to salute.
Detachments of the guards and other
regiments with which Queen Victoria
was closely connected were drawn up
around the memorial in formation
resembling the spokes of a wheel and
as the command waa given they marched
around It, lowering their standards as
they passed the central figure.
Thousands of spectators were packed,
during the ceremony, at the top of the
Mall and at the bottom of Constitution
Hill, but as the space immediately sur
rounding the memorial was completely
occupied by the royalties, their guests
and the troops; the general publlo paw
little of the spectacle
The monument 1b one of, the hand
somest specimens of the sculptor's art
in London. The huge base is of Car
rara marble, surrounded by marble ba
sins and fountains. The sides of the
pedestal and basins are paneled in
bronze and bronze trltons and mermaids
eerve as the fountains. -'
Mayor Abrams Takes Petitions
to Salem to Add to
Parkison's. ,
(special Pispsti-a to Tbt Journal. V
Cottage Grove, Or., May 16. Notwith
standing H. J. Parklspn'e Intimation that
Cottage Grove had -entered Into a deal
with Eugene sufri would not file its pe
titions on the referendum On appropri
ations granted the University of Ore
gon by the last legislature. Mayor W.
H. Abrams. in- behalf of the eemmitte'e,
left for Salem this forenooivNarmed
-with the necessary number of naies to
invoke, the referendum:, these will, be
Joined .with those of Mr,. Pairktton'e
now held by the- aeoetary of state for
safekeeping and the referendum will be
' filed shortly after O'clock today. 4
xtmZS.rJ
i i
1
Wii ill il ':-:-y
r 1
GEORGE OF BRITAIN
IVgMAL
NAMES ARE FILED
BY COTTAGE GROVE
COAST TEMPERATURES
; poi ; WlVU'v ( ;"
Seattl ............'.. ''
spokn . ea .
Wurshfield 4 -.
' tu. Pianoisco .14...... 00
VdrtUnA 49 ?
CENTS a$Ui$&&?
ABBOT 10 BRIDE, .
PLAIN 'VON AROYNS:
uunirtm
"I'm Almost Blind," Says For
mer Mount Angel Head,
"But My Wife Is My Eye." '
ARE FOUND f N ANSONIA; ' '
ADMIT THEIR IDENTITY
"Meienhofer" and Wife, For
merly Mrs. Belle Gerlinger
Dalton, Talk Freely.
(Scectsl Dispatch to Tie JoarnsL)
New Yor'i. May 18. Staying at the
HilDDV II
iini 1 1 in
Ansonla today, under the name of Mr. , '
and Mrs. Francis M. Von Ardyn, are 1
Thomas Meienhofer. late abbot of the
abbey of St. Benedict at Mount Angel,
Or., and his wife, formerly Mrs. Belle j
Gerlinger Dalton, divorcee, daughter of ,
Louis Gerlinger, a Portland millionaire
lumberman.'
The name Von Ardyn has not been as- , y
sumed by the former monk. He is the S
scion of a titled family, and before en- .
tering the Benedictine order waa Baron.
Von Ardyn. He chose that name rather ,
than that of Meienhofer on leaving the s
monastery. . .. . -
Tin Happy Here,? J '
"I'm happy here," Bald the former
abbot, after admitting his identity to a 1
reporter. .y -
Mr. Von Ardyn a broad shouldered,
wears spectacles ahd speaks with a dls- : .
tinctly German accent. Removing hia
eyeglasses, he said: "I am almost 1
blind. The night of my right eye Is for-
ever lost. My left eye. too. Is affected.
Under.-the care of eminent specialists,
X am progressing, but quite alowly. - -
'One day I suffered a sudden rush ,
of blood to the head. The light seemed' .
to go out of the right eye. A special- .
1st said I had suffered detachment of
the retina From that moment I grew
discouraged. I felt I was standing in -the
way of others was losing my .use- . ,
fulness to the order. My duties at the '.
monastery included three ftrtt-houre--
day of what you might call "bookish ,
work.' I could not" perform It, , ;
tigaatloa Aocepted. t
"Finally I sent my resignation, which
waa transmitted through the regular ,
channels to Rome,-and accepted. - v " '
"It waa admirable of a woman like
my wife to take a man in my circum
stances, afflicted as I am, likely at any
moment to go blind. -
"She is my eye She wlll.be my light
If after the darkness does come over
me. I am unable to read. But Mrs, Von ;
Ardyn reads to me."
Mr. Von Ardyn was asked If he dhi
not think it remarkable for an abhottS
to forswear his vowa, quit the order and
marry. t-
"1 have no opinion to express on ' "
that." he answered abruptly. In a state
ment issued by one of the heads of the
Benedictine order in thla country at the ,
time Von Ardyn resigned and married, V
(Continued on Page Sixteen.)
BY
PRESIDENT KIRBY
National Manufacturers' Head:
Declares American ; Federa
tion of Labor Engaged in
Warfare on Jesus Christ
(Special Dispatch to Tn Journal.)
New York, May 16. Vitriolic denun
elation of uniorii laboit In general and of
San Francisco unionists in, particular,
with flat declaration that he believed
the destruction of the Los Angelea
Times was the result of a general plot
of labor leaders, was made here today
at the convention of the National Man
ufacturers association by President Klr
by of that organization.
"The American Federation of Labor is
engaged in open warfare on Jesua
Christ and his jrinriples," said Klrby,'
"and I challenge that federation to dU- .
prove my assertions.
"This irresponsible federation has
been permitted to grow up in our midst,
uncurbed by law and unwhlpped by Juaj
tlce. although Its purpose la to draw
to a common level all working meit and
women, irrespective of their ' intelll- "
gence. It refuses to submit to govern
ment of any kind except the will of lis
own bosses.-. The greatest capitalistic
concern in the country Is not permitted
to do half the thlnga these labor leadrra
claim the right to do, y ,
"I firmly fcellevevtbe destruction of
the Los Angeles Times waa the reault
of accumulated revenge' oa the part of
the criminal labor leaders, This IS
shown by the fact that nearlr 20fl,Mt) .
has been rained by the -leader of the
American Federation; of , Labor to pre. .
vent General Otis saving Loe Afagelet
fronKthe type of unionism which. has
made San Francisco smell unto hell.'
""I 'believe. our constitutional ruaran.
tees for the protection of lite and prop
erty r being made'almoat iaoperailve
by the labor leader, I demand that ;
thla- manufaeturera'sorganlsai Ion -adopt
resolution favoring wnlfono leg lla(J .
agait)t thia , lahwf eonsplracy 5 1 b
Federation. of Lrbor, j from preatdtr.t
down; intend the destruction ft vur
sysum ct government" '. , v I
UNB IN .
BITTER TERMS
V..-" j ',- ":- V;-; J. f- :5 .Vy ""