Heppner gazette., August 15, 1907, Image 3

AFTER THOSE
"HIGHER UP
AitOmey General After Officials Cf
Lawless Corporations.
Would Send Guilty Ones to Jail Pro
poses to Proceed Against Super
iors in Violations of Anti-Trust
Law Whenever He Can Be Hope
ful of Conviction.
New York, Aug. 8. A special dis
patch to tho New York Times from
Lenox, Mass., sent under today's date
says:
That criminal prosecutions will be
taken In the near future as a result
of the Interstate Commerce investi
gation of the Harriman railroad sys
tem was the Information obtained
here upon authority this afternoon on
the virtual eve of the return of At
torney General Bonaparte to Wash
ington. Mr. Bonaparte was asked if action,
personally, against individuals would
be included in the prosecutions. He
replied somewhat emphatically: "I
have noticed a good many complaints
that criminal prosecutions against
trust magnates and sentences of im
prisonment for them have been very
Infrequent and, in fact, for practical
purposes unknown. It is perfectly
true that, in my opinion at least, a
better moral effect would be pro
duced by sending a few prominent
men to jail than by a great deal of
litigation, however successful, against
the corporations they controlled.
"Some time since two corporations
and their respective presidents were
indicted jointly for violation of the
anti-trust law. If the corporations
were guilty of such, it would be hard
for the lay mind, at least, to see how
their presidents could be innocent.
Nevertheless the jury convicted the
corporations and acquitted their
presidents.
"It is the avowed purpose of the
department of justice to prosecute
criminally any one who is really re
sponsible for violations of the anti
trust law, wherever it can do so with
any reasonable probability of suc
cess. It does not care to prosecute
mere underlings who are known to
everyone to have acted inder the di
rect authority of their superiors.
"If it can get a case against any of
the superiors such as justifies a rea
sonable hope on the part of exper
ienced lawyers that he can be pun
ished personally the department will
undoubtedly take advantage of the
opportunity as soon as it Is pre
sented." PROTECT ALL EUROPEANS.
But Morocco Must Also Grant Other
Demands of France.
Tangier, Aug. 8. Upon the de
mand of the French Charge, Moham
med el Torres, the representative of
1he Sultan' hero, has reiterated the
instructions he had previously issued
to assure the safety of the Europeans
at Tangier and other ports and
towns.
The French steamer Anatole,
which brought the news of the bom
bardment of Casa Blanca, has been
requisitioned by the French Charge,
who will use her as a dispatch-boat.
A guard to protect the French
Consulate will immediately be landed
t Rabat.
The French Charge d'Affaires has
made the following formal demands
upon the Moroccan government:
"First That the Moroccan auth
orities at Casa Blanca place them
selves under tho orders of the com
mander of the French forces.
"Second That the security of the
French citizens at. Fez and other
places In tho Interior be guaranteed.
"Third That the Moroccan auth
orities hasten the reparation for the
murder of Dr. Mauchamp.
"Fourth That the Moroccan au
thorities expedite the preparation for
the application of the reforms agreed
upon by the Algeciras convention."
Brakes Are Bad.
Chicago, Aug. 8. Western railway
managers are considerably agitated
Hy the charge that the inability of
air-brakes now in use to control fast
trains is responsible for many wrecks
and the further intimation that they
are refusing to equip their trains
with new brakes which have been
successfully tested by the Pennsylva
nia system. Tihe Westinghouse peo
ple have perfected a brake which, it
is alleged, under hard tests is 50 per
rent more effective than anything
now in use, but the railroads are
slow to adopt it.
Japan Cooling Down.
Victoria, B. C, Aug. 8. Tatsuya.
editor of the Japanese Trade Journal
of Tokio. arrived here today to study
the condition of Japanese on the
Coast. He said little further diffl-
culty was expected with regard to the
complaints from San Francisco, Yam
oaka and Hattori, from Seattle, who
went to Japan to represent real con
ditions to the Japanese had been
very successful, and Japanese who
had not known the real state of af
fairs were less prone to complain.
Disarming Moorish Troops.
Paris, Aug. 8. A special dispatch
from Tangier this afternoon says that
the Moorish troops composing the
garrison of Casa Blanca have been
disarmed and that their arms and
ammunition nave been deposited at
thfi French Consulate. Thp Moorish
officials have confided the protection
of the city to the Franco-Spanish
forces. I
BLOODY REVENGH.
French Slay Hundreds of Moors in
punishment for Treachery.
Tangier, Aug. 7. Casa Blanca, on
the Moroccan coast, has been bom
barded by French cruisers, the
Moors are reported to have been shot
down in large numbers, ana tne town
since last Sunday night has been
practically In the possession of land
ing parties from French and Span-
ish cruisers. The first shots were
fired by the Moors. The French re-j
sponded with a bayonet charge and,
the bombardment of the native quar
ter with melinite shells. The French
had six men wounded but no one
killed
Vn Finrnnonn roairipnta wArfl
hurt.
The occupation of Casa Blanca Is
a direct outcome of the native up
rising, which resulted in the killing
last week of eight Europeans at Casa
Blanca. Both France and Spain are
hurrying other warships with troops
and marines on board to various
points on the Moroccan coast for the
protection of foreigners.
Under the terms of the Algeciras
convention the two powers are
charged with the policing of seaports
of Morocco and their action at Casa
Blanca has brought no protest from
any power. The states of Europe
have expressed their willingness that
France and Spain restore order in
Morocco. No other countries are in
volved. News of fighting at Casa Blanca
was brought here by the steamer
Anatole. On Saturday night the
French naval officer in command in
formed the Moorish authorities that
he was going to land a force for the
protection of the French consul. Au
thorization to do so was given. The
force went ashore Sunday morning
at daybreak. The Frenchmen were
no sooner on the beach than tney
were fired upon by Moorish soldiers
and in this first encounter the
French force sustained all its casual
ties. The Frenchmen fought their
way to the consulate and then sig
naled the cruiser Galilee to bombard
the native quarter.
The Galilee at once opened upon
the Moors. She was joined at 11
o'clock by the French cruiser Du
Chayla and both fired until 2,000
rounds of ammunition had been ex
pended. This fire is said to have
been disastrous to the Arabs. The
batteries on a fort at the mouth of
the harbor fired at one of the French
cruisers, but it was quickly silenced
and reduced.
A second French landing party
went ashore and joined the first
party at the consulate. A third party
from the Spanish cruiser Don Alvara
de Bazen was landed and occupied
the Spanish consulate. The Euro
pean quarter of Casa Blanca was not
damaged.
The remainder of the European
residents of Casa Blanca are either
at their respective consulates or have
taken refuge on board a German and
English vessel in the barbor.
France and Spain have agreed on
the terms of a French-Spanish note
informing the powers signatories of
the Algeciras convention, including
the United States, of their intention
to keep within the terms of the con
vention in dealing with the situation
in Morocco. The next measures to
be adopted depend largely upon what
develops at Casa Blanca as a result
of the occupation of that town.
Paris, Aug. 7. A special dispatch
received here from Tangier says the
street fighting in the bombardment
of Casa Blanca, according to a refu
gee who arrived from there on the
steamer Anatole, continued through
out Sunday, and was still in progress
when the Anatole left at 6 o'clock
Sunday evening. The French ships
fired a total of about 2,000 shells.
The nnmbor of Moorish dead will
run Into the hundreds. A' single
rv.rty of i.,.:rin s killeu 15.' Mo.t.
The French wounded number about
12. No Frenchmen were killed. The
Marabout Sidi Marouf was wounded.
Paris, Aug. 7. A correspondent of
the Matin pays the military commander
at Ca'-a Blanca sent excuses to the
French consulate for the attack on the
landing party from the Galilee, for
which he blames the customs guards.
The consul thereupon demanded that
the culprits lie given to him. Tre
commander complied and pent the sol
dier in chains to the consulate. The
consul intimated that they would be
instantly shot at the firstt sign of fresh
trouble.
Fines Coal Land Thieves.
Cheyenne, Wyo., Aug. 7. In the
Federal Court Judge J. A. RIner this
afternoon overruled the motion for a
new trial in the cases of E. M. Hoi
brook, E. E. Lonebaugh and Robert
McPhilamy, recently convicted here
of conspiracy to defraud the govern
ment in the acquisition of coal land.
The Judge Imposed a fine of $10,000
each on Holbrook and Lonebaugh
and a $20,000 fine on McPhilamy,
whom he designated as the tool of
the coal minors. Each must pay one
third of the costs and stand com
mitted to jail until paid.
Phone Girls Strike Again.
Helena, Mont., Aug. 7. Twenty
telephone operators went on strike
hp todnv in coninii.ince with the
equest cfthe Montana Federation of
Labor. The strike was ordered as a
sympathetic movement for the line
men. Butte and several other cities
are without telephone service for a
similar reason. The Telephone Com
pany has applied for a temporary In
junction restraining a boycott, and
argument thereon will be had before
United States Judge Hunt tomorrow.
Lithographers Admit Defeat.
New York, Aug. 7. The struggle
of the Lithographic Artists. Engrav-
ers & Designers' League with the Na-
tional Association of Employing
T.lthnirnbr wblrh Vopon In An.
pust, 1906. has been ended as a re-
suit of the abandonment of the fight
by the union.
HAPPENINGS GATHERED IN AND
AROUND WASHINGTON, D. G.
SAILORS WAN I NEW UNIFORM.
Naval Committee Considering Entire
Change of Costume.
New York, Aug. 9. The jack tars
of th TTnffpH Stntps nnvv have made
such a mighty protest against the
time-honored headgear and blouse
they wear ashore and on dress occa
sions aDoara snip mat tne navy ae
partment has appointed a committee
to decide on changes in the uniform
Captain Hugo Osterhaus, commander
of the battleshin Connecticut. Is
cnairman or mis committee, uapiaui
Osterhaus has sent out a statement
to the captains of all warships In the
North Atlantic squadron and to the
commander of every ship in the ser
vice, asking for suggestions.
The enlisted men are desirous of
obtaining coats and visor caps. Many
of them want the wide flaring trous
ers changed into the ordinary pat
tern. But the chief grievance relates
to the blouses and the old-fashioned
pancake caps. These caps are said
by all seamen to be absolutely useless
on a windy day, as they cannot be
kept on the head. They afford no
shade to the eyes and seem to exist
merely as a relic of the past.
The protest over the blouse Is con
sidered well justified in the navy. In
the first place the seamen object to
the wide collar, which blows up
around their ears on windy days.
They want shorter neckerchiefs and
coats but like those of marines.
Should the sailors' demands be
granted, it would be the first time in
the history of the American navy
that seamen have worn coats.
USUAL DEFICIT FOR JULY.
But U. S. Revenue From All Sources
Shows Large Increase.
Washington, Aug. 7. The com
parative monthly statement of the
government's receipts and expendi
tures shows that for the month of
July, 1907, the total receipts were
$55,906,468 and the disbursements
$66,813,345, leaving a deficit for the
month of about $11,000,000. This
deficit is explained by the fact that
at the beginning of each fiscal year
nearly all the appropriations made
by the last session of congress be
come available and large sums are
immediately withdrawn from the
treasury. It is a rule, with hardly
an exception, that each July shows a
deficit. A year ago it was above
$163,500,000.
The receipts from customs last
month amounted to $28,826,448;
which is nearly $2,700,000 in excess
of July, 1906; internal revenue $22,-
840.304. increase $738,000. Mis
cellaneous $4,229,712, Increase $10,-
000.
The expenditures for July, 1907,
aggregate almost exactly $1,000,000
more than for July, 1906. the re
ductions being balanced by nearly
$4,000,000 increase account con
struction of Panama canal.
Navy Department Learns Lesson.
Washington, Aug. 6. Acting Sec
retary of the Navy Newberry has
acted upon the findings and recom
mendations of the board which in
vestigated the accident on the bat
tleship Georgia on July 15 last, re
sulting in the death of ten officers
and sailors and the injury of a num
ber of others. The report includes
all of the testimony taken by the
board.
Almost all of the findings and rec
ommendations, most of which have
heretofore been published, were ap
proved by Mr. Newbrry, who has or
dered them put into eftect. The Navy
Department is now convinced that
the cause of the accident was beyond
question a "flareback," which it re
gards as a welcome conclusion, be
cause it is believed that such flare
backs can be dealt with safely by ad
ditional precautions.
Middies on Torpedo Boats.
Washington, Aug. 7. Orders issu
ing from the Navy Department show
that a number of midshipmen have
been placed on torpedo-boat duty.
This marks a new policy in the Navy,
showing that the Navy is deficient as
compared with foreign navies in torpedo-boat
work. There are GO torpedo-boats
of various types in our
Navy, yet only 16 of them are in ac
tive service. This has been caused
by the shortage of officers, re
sulting from the heavy demands for
such officers for the new battleships
going into commission.
Can't Fool State Department.
Washington, Aug. 7. The State
Department has been advised that
the Swedish government will reap
point Charles E. Ekstromer vice con
sul at St. Louis. The department
consequently will reissue to him the
exequator withdrawn sometime ago
because of a letter written by Mr.
Ekstromer which was offensive to
President Roosevelt. Ekstromer will
not be recognized under any consid
eration.
Cultivate Land in Forest Reserve.
Washington. Aue. 6. J. O. Han-'
num. of Portland, Or., has been;
granted a permit to cultivate 1 SO j
acres in the Cascade National forest. :
(north), applied for by him under
the act of June 11. 1906. and to
erect a house and other buildings, if
he so desires, for the purpose of be
ginning his Improvements before the
land is formally listed for filing at
the United States Land Office.
No Protest Frcm Japan.
Washington, Aug. 7. No protest
has been received from the Japanese
government against the plan to send
the Atlantic battleship fleet to tne,
TnMfl btiH nnna la BTntnil ft is I
pointed out there that no basis exists
for protest or complaint, as the fleet
is to remain In American waters. I
MUST RENDER ACCOUNT
New Suit by Receiver Earl Again
Sugar Trust.
Trenton, N. J., Aug. 8. A bill in
equity which calls upon the American
Sugar Refining company to give an ac
counting of its business for the past
fair years waa filed before Chancellor
Magee today on behalf of George H .
Earl, Jr., receiver of the Pennsylvania
Sugar Kefining company, of Philadtl
pbia. The suit, it is said, ie the only
one of the kind ever filed in this coun
try, and the step taken by the Pennsyl
vania company may be the means of
opening an entire new field for investi
gating trusts. The suit is separate
from that for $30,000,000 damages
which Mr. Earl instituted against the
American Sugar Refining company, of
New York.
Mr. Earl holds that in procuring the
controlling interest in the Pennsylvania
company in 1903, the company became
a trustee for the concern and is respon
sible to it for an accounting, although
the American company never operated
the opposition company's plants.
FIRST TESTIMONY.
Hearing of Standard Oil Case Begins
September 3.
St. Louis, Aug. 10. The first testi
mony in the government's suit to dis
solve the Standard Oil company and
kindred companies on the ground that
they constitute a trust will be taken in
the postofflce building in New York on
beptember 3. Ex-Judge Franklin Fer-
riss, of St. Louis, who was appointed
special examiner to hear testimony, has
lesued an order for the first testimony
as above and copies were mailed today
to all the attorneys on both sides.
Frank B. Kellogg, of St. Louis, and
C. B. Morrieon, of Chicago, special
counsel for the government, requested
Judge Jerriss to issue the order. Judge
Fernss has not been informed what
witnesses will be called at the hearing.
The taking of testimony will mark
the actual beginning of the govern
ment's fight to overthrow the Standard
Oil company and the 70 or more sub
sidiary corporaticns allien with it. Tne
suit was filed in St. Louis early in the
year, and all preliminary matters have
been cleared away.
GOVERNMENT WINS FIGHT.
Right to Water Under Indian Treaty
Is Upheld.
Helena, Mont., Aug. 8. Federal
Judge C. E. Wolverton, of Oregon,
who has had under consideration for
some months the case of the govern
ment against the Conrad Investment
Company, Involving the right to the
use of the waters of Birch Creek, the
middle of which marks the southern
boundary of the Blackfoot Reserva
tion, In his opinion which was re
ceived today, decided for the com
plainant. The government asserted
the right to the use of the waters
among other things under a treaty
with the Indians, while the chief con
tention of the defendant was that, he
having complied with the act of con
gress of 1S91 relating to right of
way over public land for irrigation
ditches and canals, the government
could not go back of that
W. G. Conrad, of Helena, is the
owner of the company, which has ex-
pended large sums in reclaiming
thousands of acres of land just south
of the Blackfoot reservation. The,
main canal is over 90 miles long and
there are many more miles of later-
als. It is not known whether the
case will be appealed or not.
Protect O. R. &. N. Roadway.
Washington, Aug. 8. Authority
has been granted to the engineer in
cnarge ot tne Lmatiiia irrigation t
project in uregon to construct a
wasteway on the storage feed on the
cnnnl about thrpf-foiirths of a milp
below the town of Echo. The point
at which this structure will be built '
controls the operation of the canal'
throughout a section about four
miles long . where the canal very
closely parallels the O. R. rail
road. This section has been con
sidered as threatening the safety of
the railroad.
Sultan Still Offers Fight.
Washington, D. C, Aug. 8. The
State Department today received a
cablegram from American Minister
iGummere, now in Tangier, Morocco,
stating that the government troops
have occupied Mazargan. French
cruisers were sent there last night
and two other cruisers were sent to
Casa Blanca. More refugees from
Casa Blanca have arrived at Tangier
and report that the town is still oc
cupied by the French forces.
Trying to Settle Strke.
Washington, Aug. 9. Charles
Neill, commissioner of labor, is
.telegraphic communication with
IT. Morrissey, grand master, and
other officers of the Brotherhood of
Railway Trainmen, In an endeavor
to bring about a peaceful settlement
of the strike of switchmen employed
by the Colorado & Southern Railway
Company, and to prevent, if possible
the enforcement of a general strike
order calling out all the trainmen
employed by the road.
New Northwest Postmasters.
TTT 1. f 1 . t Yt 1 M. -
summon, Aug. . i osmiasiers
appointed: j
Oregon Pokegama. George W. ;
(McIntyre, vice G
B. Walters, re
signed.
Washington Mall William A
Geer, vice O. B. Aagard. resigned;
Blngen, Melvln Wetherell, vice S. G. j
Hadley, resigned. '
I popul?genc'' I
For removing rust from polished
stool, an effective mixture Is made by
taking 10 parts of tin putty, 8 parts of
prepared buckhorn and 2.50 parts spir
its of wine. These Ingredients are
mixed to a soft paste and rubbed In on
the surface until the rust disappears.
Practically all the California and
Texas fuel oils contain more or less
water, sand, asbestos, fiber and marsh
gas, says the Paint, Oil and Drug Re
view. Some grades of oil flow freely,
while others are more viscous, even
though they have a lower specific grav
ity. The inferior Bohemian graphite,
which Is too Impure or compact for use
in pencils, is ground fine and freed
from sulphides and other heavy min
erals. The refined material does not
contain more than 60 or GO per cent
of graphite, and is used in the manu
facture of Inferior crucibles and for
stove polish.
According to-the English Mechanic,
articles of brass or copper boiled in a
solution of stanuate of potassium mix
ed with turnings or scraps of tin in a
few moments become covered with a
firmly attached layer of fine tin. A
similar effect is produced by boiling
the articles with tin turnings or scraps
and caustic alkali or cream of tartar.
The number of carriages and vehi
cles of every description crowding the
streets of Paris augments continually,
and the danger, not only to pedestri
ans, but to the carriages themselves,
has become so great that an engineer,
Monsieur Henard, proposes the estab
lishment, at the most dangerous cross
ings, of a circular "Island of refuge"
in the center,' and the regulation of all
traffic in such a manner that every ve
hicle traversing the crossing-point, no
matter what its ultimate direction may
be, shall pass round the central plateau
in the same direction. Thus the dan
ger of collision and the peril to foot
passengers would be reduced to a mini
mum. The cut Illustrates the opera
tion of this proposed whirlpool of traf
fic. The Interest of astronomers In the
strange red spot, about 30,000 miles in
length, which has been visible on the
surface of the planet Jupiter since
1878, U Intensified by the recent obser
vations of Mr. W. F. Denning, and
others, on a remarkable change In its
rate of motion. In a period of about
three months last year It was dls
placed some 16 degrees of longitude
from the position calculated as the ba
sis of its former motion. This is the
' greatest change that has ever been ob
served In Its rate of motion. On Ju
piter the visible surface of the planet
does not revolve, like the surface of
the earth, everywhere with the same
angular velocity, but. In general, the
parts nearest the equator move with
the greatest rapidity. Thus the huge
planet resembles a rotating ball of con
stantly changing clouds, and In the
midst of these the great red spot seems
to float
Uncle Job'm Lesson.
"Yas suh," began Uncle Job, survey
ing his hearers with an expression of
virtuous sadness, "yas, suh, I sholy gib
dat trifling Ab'aham a lesson he neveh
foheotl" Then, seeing an Inquiring look
tn PVPS 0f some Qf his hearers, and
b , question from the lips of one
. ,,, , n A
0i lueuj- uc u'" l"
tails nhout the nature of the lesson he
had Imparted.
"Wat'd I do tun him? I's gwlne tub.
Pn von-nlls. Ab'raham fair drawed de
lightning on hlsself w'en he bed de
'daelty tuh 'vlte me tuh he house tub.
eat eh tuhkey dinner.
"Tubkey," repeated Uncle Job, after
a telling pause, "w'en dat llverashous
rasca, neveh rnlseii auy tuhkey In he
j life 'cept offen some w'ite man's roost
"Hit sho was er fine tuhkey, but I
showed dat Ab'aham dat stolen goods
profiteth little. Dat tuhkey was er big
gobleh, an' dere was nobody but me an'
Ab'aham dere; an' 1 seasoned dat bird
wlf admonitions tuh be good an' wahn
lngs f'om de wrath to come.
"Hit sholy would b-v tasted good ef
hit hed'nt ben stole. But de sauce o'b
a deed well did an' a sinneh rebuked al
mos' made hit relish, nn" concluded
Uncle Job, with pious satisfaction,
"though hit was er ha lid pull. I's bound
to say I held ont to de end au' finished
dat tuhkey, spite ob Ab'aham hints dat
he spected hit tub las' him er week."
Home I.onsr Word.
The comic papers frequently poke
fun at the long words of the Gorman
language, yet the English language can
furnish some pretty long words, too.
Here nre some of the longest English
words: Subeonstltutionalist. Incompre
hensibility, honorlficlbllitudinity (it
will be noticed that this word contains
seven I's), nnthropophageuarlan, dls
proportlonableness. veloplpedestrianistl
i -or,ocmltnnt!n t!onnbltnf;s. nroan-
' .V-itirtieti...t Thi. i,iCt
word is no doubt the longest In the En
glish language; It contains thirty-three
letters.
A Delicate Hint.
"They say Mis Sharpe can convey
a hint with such tact that It is impos
sible to take offense."
"Yes, she has quite a gift that way.
The last time Mr. Staylate called there temptod SPalin- rai(1 by the Japanese
she asked him to have some slight re- soain, schooners Kalke Maru and
freshment and then brought In a plate Midori Maru on the seal rookeries at
of breakfast food." Baltimore A inert- Cooper Islands, guarded by Rns
caD sians. The schooner Kaike Maru
When a widower has waited as Ion
as two years before marryiug aga.u,
he Is very proud of the fact.
USE MILITARY
TO FIGHT ROAD
Alabama Will Treat Southern Like
Common Outlaw.
May Take Possession of Road and
Operate It by Armed Force Ex
tra Session of Legislature May Be
Called Governor Consults With
Legal Advisers.
Birmingham, Ala., Aug. 6. It la
not unlikely that troops will be or
dered out within a few days to take
possession of the line of the South
ern Railway, the cancellation of
whose license to operate in the state
is calmly ignored by the company. A
four-hours' conference held here
this afternoon between Governor
Comer, Attorney-Gen. Garber and
prominent attorneys, including two
ex-Chief Justices of the Supreme
Court, Is believed to have resulted in
a determination to make wholesale
arrests of officials of the Southern
road if that company does not re
cede from its present position.
A state official close to the (gov
ernor made the statement that Gov
ernor Comer was going to use every
power at his command to make the
Southern Railway obey the laws of
Alabama.
"If the railroad carries out its
threat to stop all business inside the
state and confine Itself to only in
terstate business," said this official.
then the Governor will order out
the state troons and take possession
of the railroad, which has already
placed itself in the attitude of a mob,
defying the rightful authority of the
state. This action would be rollowea
un by an extra session of the legisla
ture, at which a law would be enact
ed whereby the railroad would be
placed in the hands of a receiver in
less than 60 days."
STANDARD CANNOT ESCAPE.
Only Two Pretexts, and Neither One
Will Hold.
Washington, Aug. 6. Two ave
nues of possible escape are open to
the Standard Oil Company, out
whether one or both are taken the
government will be found strongly
intrenched, confident of repeating
the victory it scored in Judge Lan
dis' court. The trust may appeal to
the Circuit Court of Appeals on a
writ of error, or to the Supreme
Court of the United States on con
stitutional grounds. One appeal will
not conflict with the other, and no
further appeal lies in either case.
The Circuit Court of Appeals has
final jurisdiction in questions of er
ror affecting the law in the case, and
so far as Judge Landis' official acts
in the construction of the law are
concerned, the Supreme Court of the
United States can only consider one
question.
Under article 8 of the Constitu
tion, "excessive bail shall not be re
quired, nor excessive fines imposed.
nor cruel and unusual punishments
inflicted." In the opinion of offi
cials of the Department of Justice,
the case can reach the Supreme
Court on the ground that the $29,
240,000 fine is excessive, because
the Standard Oil Company of In
diana, the defendant, has capital
stock of only $1,000,000 and assets
of only $10,000,000. The astute
lawyers employed by the trust may
find other constitutional questions to
raise In the Supreme Court,
The government is ready to meet
such an issue and is confident of
victory. It will reply that the Stand
ard Oil Company of Indiana is, as
Judge Landis has construed, the
Standard Oil Company of New Jer
sey, the great Standard trust, in fact,
and that the fine imposed upon the
trust must be measured by the re
sources of the trust, and not one of
the subsidiary, dummy branches.
By the Department of Justice at
tention is called to the common prac
tice in criminal courts of imposing
fines upon vagrants,- when the inabil
ity of the culprit to pay the fine ia
known to the court. But such sen
tences have never been construed aa
excessive fines.
National Irrigation Congress.
Sacramento, Aug. 6. Plans for
what is expected to be the greatest
irrigation celebration in the history
of this country were announced here
today by the Board of Control of
the Fifteenth National Irrigation
Congress. There will be a two
weeks' session of festivals, celebra
tions and jubilees held in connection
with the congress, which opens in
this city September 2. Heretofore
the congress has been largely West
ern in its composition, but this year
a snecial effort has been made to
give to it a National character.
About to Start North.
Spitzbergen, July 25. via Trom-
soe, Aug. 6. The Wellman-Chicago
Record-Herald polar expedition ha3
been hampered greatly by a high
wind, which at times became a vio
lent cale. threatening the balloon-
house. The damage done has been
I have been perfected and the appara
tus has been round to work most
satisfactorily, it Is hoped, unless fur
ther accidents occur, to start for the
pole about the middle of August.
Captured Jap Poachers.
Victoria, B. C Aug. 6. Advices
i n r-a VtAAn ttwoJ r h rr nf an fit-
has returnea to .MiyaKo. uickhu
province. Japan, and reported three
pf her sealing boats and 12 men cap
tured by Russians.