THE OREGON DAILY JOURNAL, PORTLAND, SATURDAY EVENING, DECEMBER 26, 1914. ! BUSINESS FREEDOM IS T BY THE PRESIDENT Corporation Commissioner J, , Davies Gives Clean Cut Outline, - " SCOPE OF NEW TRADE ACT XaUat la to Open Up and Widen IfMan for Business, Hot to Hamper Business. "Government and BuBinei1," was the tbem of a notable address by Joseph E. Pavles, commissioner of corpora tions, recently delivered before Wil liams college, Wllllamstown, Mass., under the auspices of the Edward Bog. foundation. The address has attracted much at tention in the east, especially because of . its clear exposition of important ' features of President Wilson's policies. Commissioner Liavies said: "Government originated partly, at least I presume, in the need of the primitive man, to find protection for the things which he had produced or seized. This protection, when crystal lized by government into some degree of permanence for the general good, ' established rights of property and ob ligations. Property and obligations are the subject-mutter of business. So from the beginning government and business have been closely interrelated. The impelling motive in the origm of government so far as business was concerned was a . selfish one, the-need of the individual for protection, which '. developed into the conception in a general way of the 'public good.' This standard has persisted to the present day in the relation of government te business, to-wlt, the general good of society. Even in those countries where cartels are recognized by law, they are proscribed where til direct effect is to -oppress the public. The differences tn the policies of government with reference to business-arise out of dif ferences as to What, constitutes the itencral welfare 'or the public gjpod. In some of the modern nations trie con ception of the general good hate been that the few may have great business prosperity, in wtiich rnone high in gov ernment should participate, and that the general mass should participate therein to the extent of having enough , to eat and to wear and to live in a manner consistent with their class. This, of course. Is entirely consonant . . with the oligarchical point of view in government. I . Industrial and Political Freedom. j This nation, however, was conceived in exactly the opposite conception of ; the uses and purposes of government. : Freedom in political opportunity, which is guaranteed by the constitu tion, necessarily Involves freedom in Industrial and financial opportunity. Absolutism or tyranny in an indus trial and financial way is as abhorrent to our conception of government as political absolutism. Monopoly is in dustrial and financial monarchy. It is the negation of democracy. The nec essary corollary to the inalienable right to the '.'pursuit,, of happiness" is freedom in industrial opportunity. This government, dedicated to equal oppor tunity under the law for all men, would be an empty shell and would betray Its promise to mankind if un der the guise of democracy it permit ted industrial or financial oligarchy to control its destinies and the welfare of Its people. Declaration of Business Independence. The Sherman law was, therefore, the declaration of industrial and financial Independence. It alms to keep the channels of trade free and open through the processes of competition. The judgment of the American people, as voiced by the two great dominant political parties, has declared that this nation is committed to the prin ciple that the channels of trade shall be kept free and open through the processes of regulated competition; that industrial opportunity shall be preserved; and that monopoly is odious to' the spirit of republican In stitutions. An Individualistic Bra. This Judgment has come in spite of, and perhaps on account of, the unusual conditions surrounding the life of this young nation. Machinery, division of labor, large scale production, combina tion, the development of international trade, have created a new era within the last century. It brought great op portunities to the Individual. These conditions . were accentuated in this new virgin country and the processes of wresting great fortunes out of the bills and the mills developed minds and men of great power and individualism. It was but natural that men bred under such conditions should chafe under any restrictions placed upon their develop ment. There came a breed of strong, able men, and men honest according to their lights, who became impatient with . any consideration of govern mental authority. The public sense of the community took good natured and tolerant cognizance of this spirit which gave Impetus and developed such gi gantic business enterprise and success. Bestrletions Openly rought. The restrictions sought to be Im posed by government for the general good were openly fought or covertly avoided. It was but natural that grave abuses should arise, and they did arise. Other forces were, however, at work. The school systems which the virtue of the pioneer had so prodigally pro vided, the press and other agencies of Intelligence gradually developed a pub lic conscience which Induced 'a revolt and public condemnation of abuses of financial ability and power. This re volt was as extreme as it was intense. The season of attack resulted in some injustice, injustice is always dona in effecting a change in the temper of creat masses of men. There is iiwiv. an era of the sealot before the era uf io ouiiaer. Change tn Attitude of Business. But out of this, and partly because of It, ana out or tne meittng pot of Ameri can civilisation wherein a " breed f younger men naturally came into con trol of great enterprises, perhaps, and partly for other reasons, there has ben developed and has come Into our national life, I believe, a new attitude among the masters of great business enterprise and finance. There has com a recognition that the law must be obeyed, and that personal Dunisn- ment should be Imposed upon those who Insist upon being outlaws under the rules of fair dealing generally recognized among honest business men. The old spirit of vigorous individual Ism has been tempered, too. bv a new feeling - of social consciousness that recognises an obligation to society Seek to Understand taw. The wise leaders of the business world today are seeking more, not to avoid the law. but to adhere strictly PURPOSE SOUGH 'This is -AFTCR IT HAP 5PEMT $EVrau N AM UNCOMFORTABLE GASEOUS 5TATE." I FEEL- -hi rr had rnallV COMFORTAI3UE ANp ?UIIT;- to it; not only to understand its let ter, but to interpret and foresee the spirit of its purpose. The day f or con 8tructive,,building had come. Passion had subsided into the desire to build equitably and fairly, both for th bene fit of the social good and aisa to en able' business to understand more clearly what law and society de manded. , It was under such conditions, I believe, that the program - of the president of the United States with reference to so-called business legisla tion was inaugurated. The Trust Legislation. The president delivered his message to congress embodying his trust pro gram on the 20th of January last. In it he 'Bet forth his plan for the con structive development of the law in so wonderful a way and in such an in imitable manner, and so forcefully, that it immediately challenged the ad miration and support of the whole bus iness community of the nation. There was scarcely a dissent, and so well has the spirit of his message been interpreted by congress that two great constructive measures were placed upon the statute books. The Federal Trade Commission bill passed the house of representatives without a single dissenting vote, and with prac tically a unanimous vote in the United States .senate. There was . practically unanimity of opinion, too, as to the Clayton act. This recent trust legislation was an attempt, through substantive and ad ministrative law, to make more clear the things forbidden toy the law, to provide for additional remedies to per sons wronged by violations thereof, to make property rights in corporations more secure by the imposition of per sonal guilt upon grafting officers of corporations or upon officers of graft ing corporations, and to furnish a ve hicle for the more easy accommodation of business methods and practices to the requirements of the law and to the forms of conduct laid down by so ciety. X,aw Made Clear. Certain practices, such as price dis crimination, tying contracts, and un fair methods of competition, were def initely declared by statute to be un lawful, so that the doubtful zone as to . what constitutes restraint of trade should be made the more clear for the guidance of the business commu nity. - The statute of limitations was ex tended wherever the government insti tuted a suit under the anti-trust laws, so as to enable the person wronged to await the result of the government ac tion and to avail himself -of the facts therein disclosed without fear of his right of action becomin outlawed by the lapse of time, ihi Judgments In suits of this kind procured by the gov ernment were made available to pri vate litigants, so that they became prima xacie proof of the tacts therein recited in suits to recoup damages which private litigants may have suf fered by reason of infractions of the law. Stockholders Made More Secure. Personal guilt Is imputed to directors or officers of corporations engaged in interstate commerce who directly or in directly defraud stockholders- to their own enrichment. The law as It now exists. In practi cal effect, is explicitly defined and de clared as to the rights of labor, and proceedings in contempt cases are de fined and stated to ti e end that the rights of trial by -jury may be more clearly safeguarded. Interlocking stockholdings and di rectorates are under certain conditions prescribed. It is indicative of the dis criminating wisdom and scientific care with which these . intricate matters were approached and treated by con gress that these conditions are de clared to be illegal where they "sub stantially lessen competition," and the determination of that fact, in all the varying forms of a complicated in dustrial and financial system, is left. after due hearing had. to a special tri bunal or trained experts familiar with tne industry and business of the country. Interstate Trada Commission, The necessity for an interstate trade commission has been, recognized for many years. The idea has been urged by attor neys general of the United States, by United States senators, economists, publicists and business men, but it remained for the president of the United States to give the Idea suf- WOULDN'T IT MAKE THE EARTH (Copyright. 1B14. International New, SorrloO This Heat i) MUOM rAtfP T HAP $?BtT 5EVERAL MILUOM yar5 more m MOLTEM STATE -WiEM rr fimd rrV comfort ufw? At-,AihX abovev Wouldn't T Got t yj OUT THE ficient impetus to cfause Its enactment Into law. Federal Trad Commission. A business - tribunal is constituted by the Federal trade commission act. The commission will be a non-partisan board composed of five men. whose tenure of office shall be seven years. Its membership, in the wisdom of the president, will un doubtedly be characterized by quali ties of practical and extensive famil iarity with business affairs, expert knowledge of industry. Indisputable integrity and that open quality of mind and vision that seeks the pub lic good, and that also would find the substantial equities rather than tech nicalities in the solution of fa situa tion -which Involves the accommoda tion of intricate industrial, financial and business conditions to : the re quirements of the social conscience. Knowledge of Business Conditions. The federal trade commission, so constituted, holds promise of the great est of service, not only to the country at large, but to the business commun ity.. Through Its agency a mass of in formation will be gathered, coordinat ed, classified and digested. The facts will be of record and known to a body of men charged with the enforcement of the law in the complex industrial and financial conditions of modern business. This in and of itself consti tutes insurance for the general nublic of the observance of the law. The members of this commission will obtain therefrom not only a perspec tive of , the constituent industries of the country, but will have in the course of time an Intimate understanding of the constitution of the different Indus tries, of their processes, their organiza tion, the degree of centralization, their needs and their relations to the local and to the world's markets. This body of coordinated Information will be available to congress and to the pres ident or tne united states, and is po tential in possibilities of great good in the public interest. Business Men to Advise. Indicative of the ! immediate and constructive aid which may be afford ed Dy tnis legislation are those pro visions or the law which make avail able to the courts in government suits tms trade commission, constituted as it will be of men expert in the prac ticalities of industry, but . interested solely in the public welfare. To take testimony as a master in chancery. and to advise with the court in the for mation or decrees, this body of busi ness experts is subject to call and available to the courts. It brings to the administration of the law not onlv legal knowledge, but -expert knowledge of economic conditions and industrial processes which "may be 'prolific of great good not only I to the business interests Involved but to the govern ment as well. Aid to Business Readjustment. The trade commission may also be called In by the attorney general to aid in the readjustment of business so as to conform to the requirements of the law. In connection with some of the past practice of the department of Justice, this provision of the law is significant In the possibilities of bene ficial use to which it; may be put. In certain situations 'in the past, where the government has brought suits in equity to dissolve trusts or to restrain certain practices in restraint of trade, the defendants have frankly gone to the department of justice, admitted such practices, pleaded in extenuation either lack of knowledge or pressure of overpowering business necessity, and have convinced the department of Jus tice that there was no malicious intent to violate the law, and a present sin cere desire to comply with the require ments of the law. I In some such situations the attorney general has in the past prescribed cer tain conditions which the government would exact in the reorganization of business, to whicn, tne defendants have acquiesced. Through their attorneys the defendants have then gone Into court and there entered their consent to the entry of such a decree as the government imposed. These are the so- called consent decrees' spoken of in connection with trust cases. This situ ation holds within it great possibilities in the accommodation of business to the requirements of the law. It en tails as well possibilities of great abuse, and it involves grave and ser ious responsibility on the part of tb attorney general. It bas been exer cised with great discernment in th MAD am eqiwxv uucomtortcsie r I EARTH j past,' and It would not be at all strange if in the future, as in the past, it might be exercised with great reluctance. Mon-Politlcal Body, i The federal trade commission is a continuous and non-po.litical body of business experts. It Is' composed of five men - who will be thoroughly familiar with the business Conditions from a practical point of view. It is subject to the call of the attorney general in a situation of this kind. Its knowledge of the situations in volved would certainly be coextensive with the knowledge of the department of Justice, and in the course: of time its experience would be much greater. Its recommendations would be accept ed by the public, and would give greater reassurance than If made by 'an individual alone, regardless of the great extent of his ability or probity. j Ffelnir a continuous bodv. 'anil not pcubject to possible political; change of administration, there is assurance also of greater continuity of purpose and policy in such a situation, and In the cours of time It is conceivable that there would be built up a body of administrative law that would be consistent in its development, not subject to political change, i and be of the greatest of benefit to the busi ness community as affording a means whereby business methods might be expeditiously accommodated , and re adjusted to the requirements of the law, which public ' policy demands. Abolition of Unfair Competition. - It has been frequently stated that apart from control of natural re sources or transportation the most fertile sources of monopoly, lie in practices of unfair competition. Some of the great monopolies of the world have been built up, not by efficiencies, but by practices of unfairly driving out competitors. Price discrimination in one com munity to drive out local competition, which is recouped by exorbitant prices In another community; tying con tracts, bribery of employes, espionage. and the like, are all practices which the Independent business has to fear. The smaller unit may be abundantly equipped, by reason of superior Initia tive and the personal equation, to compete in production or distribution with a large unit. It is helpless, how ever, if the large unit be permitted to resort to these unfair practices, which can surely destroy it. The greatest menace to the great body of business men of this nation lies in the practices of unfair compe tion which are potential in large and monopolistic rivals. Of the : 305,000 corporations of the United States, 296,000 have a capital, surplus and un divided profits of a .million dollars or less. But 1600 corporations have a capitalization of five million i or over. And yet 100 of these corporations . own one seventh of the total property value of the nation. j The greatest menace to these 26,- 000 corporations of relatively smalt capital, who constitute 95 per cent of the business interests of the country. i3 unfair methods of competition which might be employed by their larger and more powerful rivals, who might have no scruples in the methods they might employ. In this prohibition, therefor, by the trade commission act of un fair methods of competition can readi ly be seen a piece of great and con structive service to the great body of business of the nation. Not since the Sherman law itself was enacted has there been. In my Judgment, so great a safeguard erected by the law. to pre serve the independence or small and ef ficient concerns, and to preserve the channels of trade free and open for the benefit of the great body of business men, as exists In this legislation. This, rather brieriy put. is tho con tribution to the preservation ofi indus trial and financial 'freedom and) equal ity, which is due to a greater degree than to any other single contributing cause to the constructive statesman ship of the president of the United States. ' .- There have been attempts to trans late this legislation into' terms of menace to business. This arises either from ignorance or perversity.: No hon est business man can read and under stand this legislation but will: conclude that not only is there no suggestion of war upon legitimate business, but that there is indeed immediate and great potential promise of distinct aid6 and service to legitimate enterprise and industry. V It is a translation, into law, of the nurooses and hope of th president of 52 SALOONS FAIL TO RENEW LICENSE FOR THE ENSUING YEAR Number of Saloons Now Cut Down to 325 as Compared to 386:of Recent Date. RECEIVE BELATED CHECK Fred Frits. Zs One of Those Who Will Go Out of Business on Bura . side Street. With all checks received and the list revised, a total of 52 saloon pro prietors failed to renew their licenses for 1915 and will go out of business January I. Added to this are those which failed to make original appli cations and those put out of business by the council, staking a total of 61 fewer saloons in Portland than-there were prior to December 1. This cut the number of saloons down to 325, as compared to 386 a few months ago. In addition to this there are nine less drug stores, res taurants, grocery stores and wholesale establishments in business, but as these are not classified as saloons they have no effect on the number of saloons remaining. Subtracting all that failed to pay, went out of business or wore put out by the council there are now 70 less saloons, drug stores, etc This cuts down the total number of places where liquor Is handled from 434 to 364. It was announced by License In spector Hutchinson yesterday that 47 had failed to pay but the names of several dealers were held back be cause he had been notified that the license money was forthcoming. The money was not received this morning, however, from those who had been ex pected to pay and as a result the number , was Increased - from 47 to 52. A check mailed before 5 o'clock Thursday afternoon was received from C. H. Omar, 125 First street, this i morning. His name was in the . list of those that had failed to pay as published in The Journal yesterday. Among those to go out of business January 1 Is the large saloon of Fred Fritz. 240 Burnside street. This was one of the oldest places in the city. In addition to the list published yesterday the following failed to pay their license fee: J. Michel, 461 Glisan street; O. E. Quiggle, 66 North Sixth; George Safford, 254 First; Sol Shapirer, 234 First; Fred Fritz, 240 Burnside, and J. IL Krall. 95 Sixth street. WILL DISCUSS THE TAX, LAWS Officials Will Meet With the Legis lators Monday Night. C. A. Bigelow, commissioner of fi nance, and City Attorney la ocne arc. tn moot with tho Multnomah coun- . ty legislature delegation next Monaayi nijrht and discuss the proposed changes in taxpaying dates. It has been proposed to change the taxpayr ing dates to later periods during the year, which the city officials are not in favor of. After a conference with various officials this morning. Mayor Albee delegated these two to repre sent the city at the meeting Monday. FLUME BREAKS SECOND TIME Xo Serious Damage Is Caused to Big Conduit. Although a long length erf the Mount Hood Power company's flume near Bull Run broke at midnight last night no damage was done to the two big conduits carrying Bull Run water to Portland. This is the second treaa in the flume within a month. While millions of gallons of water noured from the break, it ran into a smau cree anu . u. - " huge rons covering to two lines. About 1,5 feet of the flume fell IntO the canyon holding the structure. a small creek and did not disturb the . . v TO RESUME TRAFFIC MOXDA Morrison Street Cars Again to Use Former Schedule. After being partially closed to traf fic since October 7, Morrison street. between Fifth and bixtn, is to De , opened to trariic monoay. ii m ex pected to resume streetcar traffic on both tracks this afternoon. The street has been partially blockaded owing to a cave-In alongside the new Meier & Frank company's building. Big Damages Asked Of "Movie Trust" Suit Alleges 14 Big Concerns Are Vio lating Sherman Anti-trust Law, Con trol 95 Per Cent of Business. New York. Dec. 26. Damages of $1,- 800,000 were asked here today by the Film Rental company irom 14 of the biggest moving picture concerns in tl.c country in a suit filed, under ti e Wins of the Sherman anti-trust law, in the United States district i'ourt. Anion? t'tc big concerns Involved were Pathe Freres, be Vitagrapn company, the Oeneml 111m company and the Motim Fiiure Patents comnanv. The com- plant asserted that the Motion Picture Patents company controls ao per iu cf th moving picture business. SCHOOL FUNDS ASSIGNED County School Superintendent Arm strong has completed the assignment of county hign scnooi tunas ror tne districts of Gresham. Troutdale and St. Johns, and warrants will be ready for the districts In the near future. St. Johns will receive $1637.50. Trout- dale $240 and Oresham $1712.50. The money is for the school term which ended laBt June, and another distribu tion will be made in February for the present term. The money is distributed on the basis of $40 each for the first 20 pupils, $30 each for the second 20 and $12.50 each for all additional pu pils. the United States, as voiced by him repeatedly, to eradicate the evil, to preserve that which is healthful, and to establish a constitution' of peace, within which and under which there may come an era of good feeling be tween publio opinion, business and government, because of the adherence of so-called big business to the law, because of the protection of the public by the law. and because of the disposi tion under such conditions on the part of government to cooperate tot develop business and industrial prosperity to the benefit and advantage of the whole community. Wants to Finish Term in Prison Man Informs Xtocal Police That , Xe - Broke) Parol Issued at Boise, Idaho. "I want to finish my bit In the Boise pen." Peter Burns walked up to the desk at police headquarters in the small hours of the morning today and thus informed Captain of Police Circle that j he was a parole violator from the Boise : penitentiary. Burns said he had been sent up from Lewlston for burglary, but had re cently been paroled. He left the state in violation of that parole, and said he was tired of avoiding the officers. He has been' locked up and the Boise penitentiary officials were notified to day. WOMAN'S HEAD HAD BEN BEATEN BY CLUB; BODY LAY IN A FIELD Rabbit Hunters Make Ghast ly Find Near Fashionable Los Angeles Suburb. Los Angeles. Dec 26. The finding of the body of a young woman on the La Brea ranch, close to the fashion able "Wilshire district of Los Angeles, confronted the police here with an other murder mystery today. ' The woman apaprently had been dead a month. The head had been beaten with a club or other instrument and the skull crushed. There were two rings upon the hands a thin wedding ring and a plain signet ring. Aside from the clothing, there was nothing else that might aid identification. Th body was that of a woman of 25 or 28 years. It was clad in a dark green suit, silk lisle stockings, new f 1o top shoes, and a small velvet hat lay close by. The body was found late yesterday by a party of rabbit hunters, who no tified the police. No progress toward Identification had been made early to day. At the direction of Coroner Hartwell, the body was taken today to an under taking establishment, where it was viewed by scores of persons with a view to establishing Its Identity Though little progress was made, two clues were developed. .One of the rings the woman wore bore the initials "N. T. M." The Ini tial "M." recalled to the police that Mrs. Paula Marqnez, who generally tallied with the description of the woman, bas been missing for several weeks. This provided the first due. Patrolman McFarland said that he saw a woman, answering the descrip tion of the victim, quarreling violently - "" Tv. T T .1 T7 i la-r luul found. This, he said, was about two months ago. His statement furnished the second lead upon which . the offi cers are working. Doctors who examined the body dif fered upon the probable length of time the woman had been dead. Their esti mates varied from five weeks to as many months. All Identifying marks had been cut from the woman's clothing. Terre Haute Mayor, 'Judge, Sheriff Held Indictments Charging' Conspiracy to Corrupt an Sleotlon riled Against Officials of Indiana City. Terre Haute, Ind., Dec. 26. Mayor ' Don Roberta, Circuit Judge Redmond, gh rtff shea and cu Judge 8mith der d to federal authorl- , indictments charging con- ! spiracy to corrupt an election. More . tfn y100 indlctments on similar charges were returned and 60 arrests already have been made. National Guard Captain Is Sued Harry E- "Williams, formerly captain in company F, O. N. G.. brought snif in the state circuit court this after noon asking $50,000 damages from L. A. Bowman, an officer In the organi zation. The complaint 'alleges that on the evening of December 23, Bowman In the- presence of other guard officers, made the statement that Williams is not eligible to' electifli as captain of the company by reason of being in ar rears to the state. It is also alleged that he made other uncomplimentary remarks about him.- Williams, it is stated, was discharged as captain of company F in August of 1912, and turned over property In his charge to the state. Word Eefiles His Election Contest Sheriff Tom Word through his at torney. Paul Barrens, this afternoon filed In the circuit court a new petition j Itr VrSiV? filed-today is under the corrupt prac- tices act and contains the same allega tions as the one thrown out of court by Judge Kavanaugh recently which was filed under the statute of 1854. HOME DAMAGED BY FIRE Fire damaged the beautiful new resi dence Of Charles T. Bnardman at 1624 Savler street about noon today. A defective flue was responsible for the blaze, which burned the roof and did considerable damage In the upper rooms. While the firemen estimate the damage at about $500. Mr. Board- man believes it Is greater. Mr. Board man Is with the firm of Ames, Harris & Neville. WHITE FUNERAL IS HELD The funeral of Johnson White, who died at The Dalles on Thursday, was held this afternoon, with services at Finley's undertaking parlors at 2:30 and interment in Riverview cemetery. Mr. White was 73 years old -and a veteran of the Civil war. He had gone to The Dalles to visit his brother, Wil son White, and was taken ill suddenly. HOW THE PRICE JUMPS WHEN PUBLIC WANTS TO BOY, AGAIN SHOWN Property Wbrtb $33,33 Per Acre for Assessment Pur poses Rises to $1600. NO COMMENT IS NEEDED Well Known Taxpayer Indicates That rigores Speak for Themselves; An other Tract Zs Hot Considered. Another striklnr xamnl r t great and sudden increau in th vin of land when offered to the public is biiuwu oi Dt jeans. At a recent meet ing of the city council of St. Johns It Was decided on motion of Councilman Davis that that city purchase five acres iuro or less or tne uatton tract north east of the city for cemetery purposes at a price of $1600 per acre. All the councllraen voted yes with the exception of jCouncilmen Chadwick and Munson, who were recorded against the motion An offer made by O. E. Learned of - acres in uiei northeast section of the city near the city limits at $2000 per acre with certain terms of purchase was laid upon the table. The Gatton tract, it la renorted. He in section 36, township-2 north, range 1 west, being a portion of a. tract of 13.5a acres. According to the books of the county assessor this 13.65 acre tract is assessed at $460 or approxi mately $33.33 per acre. For assessment purposes the land is valued at $33.33 per acre, but when wanted for public use the price ascends to $1600 per acre. -It would seem," said a well known taxpayer, "that further comment Is unnecessary." , Grand Jury Eeturns New Indictment W. B. Holman Charged With Torgery; E. C. Curry Accused; Vot Trne Bills Returned. j Tne grand Jury this morning re turned Indictments against 'W. B. Hoi man charging forgery and uttering a forged check. Holman. who was a a laookeeper at Harricburg, is alleged to have received a check from Minor Lewis in a deal for a saloon and to have changed the name of the bank on which the check was drawn with out authority from Lewis. The grand Jury Indicted E. C. Cur ry on charge of obtaining money by false pretenses and uttering a check to which the name of his father had been signed; Lim Tong. alias Lum Tong Yeng, alias Chin Lum. on a charge of assaulting Jen Pow with a knife during a recent tong war. and Armlt Woodrum on a non-support charge. Four not true bills and a se cret indictment were also returned. Japanese Situation Worse, Says Raker Congressman Bays He "Will Vake An other Attempt to Have Xxclnslon Bill Beported Out of Souse Soon. Washington, Dec 26. Representa tive Raker of California announced this afternoon that he would make another attempt to have the Raker exclusion bill reported out of the house immigra tion committee before the present ses sion of congress ends. Raker said the Japanese immigration situation on the Pacific coast was constantly growing worse German Attack Cease. London, Dec. 26. The Russian ac count that the Germans have been re pulsed In the fighting on the Bzura river, in Poland, was regarded -here this afternoon as having been con firmed by the Berlin statement that kaiser's troops had ceased their attack in that region. The Russians had pre viously admitted that the Germans crossed the river but it was conjec tured that they were subsequently beaten there. Austrian Emperor Is Near Breakdown He Is Said to Be Deeply Depressed by the TaUure of Austria's Campaign Against Servla; "Physicians Worried. London, Dec 2. That the Vienna court physicians fear the emperor of Austria la on the verge of a break down was stated in a dispatch received here this afternoon from Berne, Swit zerland. The message added that pri vate Information had reached Berne to the effect that his majesty was deeply depressed by the Austrian forces' re cent severe reverse in Servla. Will Form Community Club. For the purpose of forming a com munity club citizens of the Greeley street district of the Peninsula will meet tonight at 8 o'clock at the home of J. P; O'Neill,; 1175 Burrage street. All Interested in that neighborhood are expected andi requested to be pres ent. Dan J. Gregory and Amos Moore are the committee In charge of ar rangements for jthe meeting. Young Field to Wed. New York, Deb. 26. Marshall Field, 21 years old. heir of Chicago's late i merchant king, ; obtained a license I here today to ! marry Miss Evelyn I Marshall. 25. Field gave his resi ! dence as Southampton, England. He ! recently inherited a majority of his father's estate. Salt Lake Capitalist Dead. Salt Lake City. Utah. Dec. 26. Aaron Keyser, prominent Utah pio neer stockman and capitalist, died at his home here today, aged B5 years. lie came to Utah in 1870 and was S identified with many industries, i U-t ! Auto HitH Streetcar. Oakland, Cal.,j Dec. 2. Their au tomobile hitting a streetcar, i Miss I Fannie Ross w as killed, G. E. Ram say was so badly hurt that he may jdie, and C. A. Dornburg was slightly I injured. 1 flow Rutoiians Celebrated. Oregon City. Dec. 26. "Holy Russia, or The Religion! of the Russian Em- plr," will be the subject that Kv. C. Vi Robinson, factor of St. Paul's Epis copal church, will talk of at T:30 p. m. Sunday. : Rev., Mr, Robinson will give special attention to tbo Russians.' ob servance of Christmas, Muts Flayed Santa To 6976 Children - " lis - - HBaaaaMBSBSBj a. Youngsters to Vumber f B7e,TCriTsn Jrreseats at Armory I and Bemalnde at Headquarters ater. jj':. The Mats clayed Santa Clans to a total of 6976 children, said; Monrpe Goldstein of the Muts' comtnltteo to day. Five thousand seven hundred and sixty-nine presents were given at the Armory Christmas celebration Thurs day afternoon. Four hundred and six ty-two more were given at :Sthe Mats' headquarters Thursday evening and yesterday. Three hundred and tw'o bas kets of candy, nuts and frul and 443 gift packages were distributed today. This is by far the greatest Christmas effort In behalf of children ;W needy l amines ever mado in Portland. ;" GO TO EUROPE, SjUDY THROWING OF BOMBS 1 Former Lieutenant Scott, Ar rested for Photographing Forts, Released, ri'nltM Treii Lraieil WImO San Francisco Dec iithnl..i, the war department at Washington caused the arrest of RileyijfScott, a ueuienant in tne United States, aerial corps, for wrltlag a story for the Sunset magazine f rom ;observa tions. and because of tikitiiimniii taken showing the alleged weakness " riinma canai rortncatlons. w.nirj uunson toaay ocaered the release of Scott anil th niMn.im .r the case against him for six: months. presumably so he may go t Europe m Biuuy aeroplane fighting and bomb-throwing there and renort tuu-fe to government officials. s4 The suspension of the prosecution against Scott also means the) suspen- njun ior me same length Of time of the cases against Charles 'X. Fields, editor of the Sunset magazine; Rob ert Fowler, aviator, and Roy Duhem, photographer. Together with Scott, these men are charged with violation of the government's, laws against tak ing photographs of fortifications. Fowler drove an aaronlan nv,r tha Panama canal while Duhera .took pho- lograpns and cott made observations for a story which was published, to gether with the photographs, in the Sunset magazine. - j' United States District, Attorney Preston was evasive regarding the sig nificance of the let-up tn the caso by the government, but , information from a reliable authority Iwaa to the effect that It was for thej-purpose of sending Scott to Europe' Scott la' said to be an expert at throwing bombs from' aerial machines. He will leave immediately for Europe's ' battle lines. ASHORE ON SCOTCH COAST London, Dec. . 26. Disabled in a North sea gale, a Hull steamship was ashore today at the entrance to Peter head harbor, on the Scotch doast. The crew ha dbeen saved bi five f ri- cuers were drowned In SacoompIIsh- tng It. Yillistas Leave Harder. Naco, Ariz., Dec. 26. he Villlsta troops at the international border re tired today to a position Out of gun shot of this town. It as believed that before night the ffhtire Villa force under General Mavtrena would be at its new post. AMUSEME EXTRA HEILIG THUTII Brodv7 at Taylor TODAT Z.art Time Tomorrow - Continuous u. 10 BX.BVZB BEEiS 100 Motion .Pictures OREATKHT BARGAIN "KVER PRESENTED XO fOKTLANt) PUBLIC Seats Selling aSI'-IOc Think of it Las Than 10 a ImI HP I I f! Broadway at Taylar Six night bacinaing Hast Xoaday Matloea Wad., FrLj Sat. DAVIS WAHFIEtD la "THE aT7CTX0ME&"' -CTtntBg and Mats. ti. $1.50, fl T5e, Me. SEATS MOW BELLING BAKER THEATBS -Mala S, A-(MO Oeo. lm Bakar. Kn Last time tonight the Komonn Bakar Plr--. m- In "LEAH J.E8CHHA." Tba remarkable tory of a rlrl borrlar plared by Mr. Flrke. ETuJngi: 25c, S5c. &0C. ?5e. Bnx !. Wad. Mat. ail Mat ea eept box), 25c. Friday and Saturday Mati nee. 20e, 60c. Next werk, starting. R'lDd'T matinee "Tba Haj a venation of Aunt Itary' Bakar Thmitre tl-kta auod In Tba Journal Trade and Circulation Con lea t to ene Vote oa eerr cent of taluw. ' -. Malu ii- Kroa.lwar ai Htark. A-1020 THE BELL rAJtlLT (9) In an A rtlatlr Mimical Of fwlna. ATOM COMEDY FOTT KcEAY AHDINE KOLB A- HASLAH . ALEXANDER BROS,' HAL FHAKCIS LEO ZARX.EL TEIO lADI l is a.aa. ar Mishf AJ tihowa BEST SHOW 11 i own E. E. CUTE, tha frat Eoallah oonodiaa,. and f Its other featura acta. 600 Choice Seata Kaaerved as Xeaoeat for First Mifht Show. . Pnfai J Afternoon ......."....lOo, 15 a a aw .le, ta HAT1NE DAILY 230 Broadway and Aider . "Oa Where tha Crowd Ooea" Week Dee. CI Waiter E. How la 'la aad Out": 10 Bon Amor Araha; Larry Comer; Wayne Trio; Seltrah as Beltraht. Joe. Calla han in "Facea of History." Boxes and first ' row baiooar reserved. J hones stain 83f, A- 8234. RIVER 8TEAMKR3 Night Boat toThe Dalles Steamer State of Washington Leaves Taylor St. Dock 11 J. tn. Mondays. Vfedneadsy and frldaya. for Tba Dalies. Lla. Hood Hirer. White Salmon. CndcrwoodV Carl eon. Sieenoo. Ketnrnlng, leaves The ailea Sundas, Wednesdays, sod Fridays at T a, ax. f rttaiit sod uaseenfers, tare SI. 00. Including berth a sight trip, those Mais SIS. ACCUSED AI1AIT0