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About Cottage Grove leader. (Cottage Grove, Or.) 1905-1915 | View Entire Issue (March 27, 1908)
ANNULS STATE LAWS Supreme Court Sets Aside Rail road Rate Statutes. ONLY JUDGE HARLAN DISSENTS Stats Cannot Foibid Resort to United States Court—Affects Minne sota and North Carolina. Washington, March 24.— In refuging to grant to Attorney General Young, of Minnesota, a writ of habeas corpus releasing him from the penalty impos ed by the United States District Court for the district of Minnesota on the charge of contempt of court in institut ing a proceeding in a state, court for en forcement of the railroail rate law after the Federal court hail prohibited such a course, and in affirming the decision of Judge Pritchard, of the United States Ciri't it cou't for the Western district of North Carolina, discharging from imprisonment James II. Wood, a ticket agent of the Southern railway at Ashe ville, after he had been sentenced by the Asheville police court to serve a term on the rockpile on the charge of collecting for a ticket on that road a greater price than was permitted by the state railroad law the Supreme court of the United States today added another to the series of decisions which have rendered notable the present term of that oourt. In both cases the right of states to fir rates for railroad transportation was the issue, and both involved conUlets between the Federal and the state courts. The decision in each case was opposed both to the states and to their courts. The opinion of the court in both cases w sb announced by Justice Peckham and, with the exception of Justice Harlan, all the other members of the court stood behind him in the announcement of the court’s finding. The court decided that by reason of the enormous penalties provided in the rate laws by way of fines against the companies and imprisonment of their agents and employes, the companies are in effect prevented from ever ques tioning the validity of those laws, as the risk of confiscation of property and imprisonment of agents in case the companies failed in their defense was too much to undertake in order to ob tain a judicial decision of the question o f such validity. The question of sufficiency of the rates to enable the company to obtain some return to its stockholders for their investments hag for many years been held to be one for the courts to decide, as it would he a violation of the constitution of the United States to fix rates so low as to be confiscatory, if en forced. The laws providing rateyfor trans portation of passengers and freight in the two cases under consideration have been held by the courts below to be so low as to be substantially confiscatory and should, therefore, not be enforced until after further trials. The courts had jurisdiction to make such an order. M UST LEAVE IT ALONE. OF ONE O PIN 'O N . House Committee Votes to Forfeit Railroad Land Grants. Washington, March 23.— Two mil lion acres of land in California and Oregon vested in the Oregon A Califor nia Railroad company, owned by the Central Pacific and controlled by E. H. Harriman, will be subjected to suit for recovery of title by the United States, if action taken by the committee on public lands is sustained by the house. The committee agreed to report favor ably without amendments a resolution which has already passed the senate, empowering and directing the attorney general to oring suits for the recovery by the United States of the title to tbe public lands granted to certain Western railroad companies in cases where the conditions stipulated in the grants have not been complied with— such condi tions, for example, as governed the grant of land to the Oregon A Califor nia Railroad company in the sixties. Under the grant the land was to be thrown open by tl e company for sale to bona fide settlers of the United States at not more than $2 60 an acre and in paroels not exceeding 160 acres each. It is charged that some of this land was sold by tbe Oregon A California railroad in violation of tbe conditions named. The refusal of E. H . Harriman, an nounced by him at the Irrigation con gress at Sacrinento last year, to sell any portion of the remaining 2,000,000 acres, led tothe introduction by Senator Fulton of the resolution which the pub lic lands committee acted on favorably today. Chairman Mondell was author ized to draw the report of the commit tee, which he w ill do this week. ROOSEVELT’S PROGRAM. Undertakes to Get New Laws Through Congress. Washington, March 23.— President Roosevelt has determined on a legisla tive program the enactment of which will be urged upon congress in a special message which he said today w ill go in this week. Each of the measures to be proposed involves perplexing difficul ties and each will have far-reaching effects on businees and economic condi tions of the country. Tbe program is t i e product of important conferences through which the president has been put in possession of the views of all in terests concerned. Likewise the atti tude of the leadtrs in both branches of congress has been made known. Its success depends upon the combined effort, which he believes can be brought to bear in behalf of the whole plan by those affected especially by some one of its features. The program includes: A declaration in favor of revision of the tariff in a special season to be held after March 4, 1909. An amendment to the 8herman anti trust law so as to make important con cessions to combinations of both labor and capital. I Lim iting the powers of certain courts in the use of the injunction in labor disputes. Passage cf an employers’ liability bill. Passage of the Aldrich financial bill. LABOR ASKS CABINET SEAT. Will Urge Congress to Create Gov ernment Department. Federation of Labor Loses Again to Washington, March 21.— At the con Buck Stove & Range Company. cluding session yesterday, of the execu Washington, March 24.— American tive council of the American Federation Federation of Labor President Gompers of Labor it was decided to urge upon and others of that organization were the house committee on labor the neces permanently enjoined from “ conspir sity for the passage of the pending bill ing, agreeing or combining to restrain, creating a department of labor, the obstruct or destroy” the business of the head of which Bhall be a member of the Buck Stove & Range company in a de president’s cabinet. I t was decided to make a vigorous cision rendered by Chief Justice Cla- baugh, of the Supreme court of the effort to secure the passage of laws in District of Columbia today, making the various state legislatures for the A memorial permanent the temporary injunction of abolition of child labor. Justice Gould against the federation in of protest similar to the one presented that case. The federation’s counsel to congress yesterday is to be sent to immediately noted an appeal to the organized labor and the public general ly; it will be prepared by a committee District ccurt of Appeals. Today’s decision bars the federation consisting of President Gompers, Secre from In any manner calling the atten tary Morrison and Vice President O’ Con tion of the public to the business of the nell. The council was not notified that the Buck Stove A Range company or the putting of that company on the "unfair hill of grievances presented to Vice list,” and from stating that the com President Fairbanks yesterday was laid pany's products should not be pur before the senate and referred to tbe chased either in Missouri or elsewhere. committee on judiciary. Diamonds in California. Oroville, Cal., March 24.— Have dia mond mines been discovered in Chero kee and Oroville? This is the question that is on the tongue of nearly every citizen of the two cities today as the result of the finding of two diamonds in Cherokee, near Oroville, and one in the latter city. The first two were found on the property being prospected in Cherokee by a company of which M. J. Cooney is manager and the third was panned out by an Indian on a claim in Oroville. Experts pronounce the stones to be of good quality. Enormous California Crops. Sacramento, Cal., March 24.— In re sponse to an inquiry from Rufus P. Jennings, manager of Alden A Ander son, of the California fruit distributors, the biggest shipping concern in the state, today replied that more than twice as many men wonld be needed to handle the fruit crops this season than last. From all parts of the state come reports of Indications for enormous fruit crops which w ill go far toward solving the great problem of the unemployed. Profits o f Sugar Trust. Boston, March 24.— The annual re port of the American Sugar Refining company for December 28,1907, was issued to the stockholders today. Tbe profit and loss account shows net earn ings for the year 1907 of $8,749,291, Indictments Are Dismissed. Ban Francisco, March 23.— Judge Dunne this morning dismissed the four remaining extortion indictments against R. E. Bchmits, with the recommenda tion that the case be submitted to an other grand jury, and announced that Theodore V. Halsey will be brought to trail for bribery as soon as as the court is able to take up his case. Henry Ach, attorney for Abraham Ruef, was in formed by Judge f.awlor that he must make a complete showing in the matter of affidavits in the immunity contract hearing by next Wednesday. HEAR8 LABOR’S DEMAND. DOINGS OF THE SIXTIETH CONGRESS Wednesday, March 25. Washington, March 26.— A good deal of progress was made by tbe senate to day in disposing of proposed amend ments to the Aldrich currency bill. It was evident throughout the session that the bill w ill be perfected in the form approved by the finance committee, as no proposition that failed to receive the sanction of the committee received any substantia! support. The amend ments reportad by the committee were all adopted without opposition and then one senator after another offered 'additional amendments which, except In the cases of one proposed by Dupont and one by Lodge, were voted down. from R presentative Charles E. L ittle field, of Maine, tendering his resigna tion as member of congress, to take effect September 30 next was read. After passing a number of measures relating to the District of Columbia, among them an amendment prohibit ing betting on horse races at Benning ton’s track, the house adjourned out of reepect to the late Senator Bryan. Saturday, March 21. Washington, March 21.— Almost the entire session of the senate was con sumed with consideration of the legis lative, executive and judicial appropri- »tin bill. The bill finally p sserl car ried an appropriation of 4o2,946,631, Washington, March 26. — In the the amount added to the house bill by course of a bitter denunciation of the the senate being $642,718. president, on the floor of the house of Washington, March 21.— Without representatives today, Btanley, of Ken- turky, compared him with Alexander being materially amended in any form, Hamilton, whom he designated “ an the fortification appropriation bill was obscure adventurer,” and both of passed by the house today. During the whom, he said, had profound o n - closing debate the War department was tempt for the constitution and display oriticieed by several members regard ed everlasting impatience with its re ing the money spent on fortifications at straints. The president was a man Subig bay, which, it was charged, was who relished glamor and who hecame wasted, in view of a later recommenda- intoxicated by applause. On the other ticn that the defenses at Cavite be hand, he said, Mr. Bryan had the re strengthened. Criticism likewise was spect of the country as a statesman and offered to the estimates of the depart ment, which recommended an appro was trusted as a man. When Scott, in charge of the agricul priation of over $30,000,000, which it tural appropriation bill, today sought waB said could not have been expended unanimous consent to lim it to five within ten years. An amendment by Lie Armond to hours further debate on the bill, Bul- zer, of New York, objected. That ac allow the secretary of war to buy tion forced the house to a vote, and t abroad war materials in “ any” quan was agreed to confine general debate o tity was adopted, despite the efforts of Republican floor leaders to marshal four hours instead of five. A plea for homesteads for farmers sufficient votes to defeat it. of 320 acres instead of 160 acres was Friday, March 20. made by French, of Idaho. Washington, March 20.— The ship The remainder of the session was de voted to brief speeches by Griggs, of subsidy bill was passed by the senate Georgia, who gave notice of an amend- today. It pays to 16-knot vessels ply meont increasing by $100,000 tbe ap ing between this country and South propriation for the investigation of America, the Philippines, Japan, China soils; by Bell, of Georgia, who favored and Australia, $4 per mile, the amount governmental aid to public roads; El- awarded by the act of 1891 to vessels of lerbe, of South Carolnia, who also fa 20 knots only. The bill was amended so that 12-knot vored increased appropriations for soil vessels will receive $2 per mile, which investigation. is the allowance under the existing law to 16-knot vessels. Amendments were Tuesday, March 24. Washington, March 24. — Upon the also adopted providing that, if two or conclusion of Senator La Follette's more lines cf steamships ply from At speech on the Aldrich currency bill in lantic ports to South America under the senate today, a plan was decided the provisions of the bill, one line upon by which Senator Aldrich will shall stop at two ports south of Cape tomorrow move to take up the bill and Charles and stipulating that no more continue its consideration until it has shall be paid for subsidies than is re ceived from suoh service by the govern been disposed of. Aldrich asked for unanimous consent ment. to dispose of the bill before adjourn Washington, March 20.— More criti ment Thursday, but to that proposition cism of President Roosevelt was In La Follette objected, on the ground that dulged in in the bouse today, when he be feared debate would be curtailed by was roundly denounced by Hardwick, such procedure. of Georgia, for failing to send to con The colloquy which resulted in Ald gress all information regarding corpora rich’s announcement followed the con tions which has come into his posses clusion of the third and last installment sion. The president, however, found a of La Follette’ s speech in opposition to ready and vigorous defender in Mr. the Aldrich bill. La Follette declared Mann, of Illinois, who asserted that the statement that the Industries of the president had acted with the ut this country were controlled by less most good faith in sending congress all than 100 men had been a ’ tackedas sen the information that had come to him. sational. Declaring that such was not The fortification appropriation bill the case, he said that he had been too was taken up and in the course of de conservative, and that in fact a much bate upon it, Bartlett, of Georgia, de smaller number of men dominated the nied the claims of Republicans tocredit industries. for authorship of the railroad rate or Washington, March 24.— Determina Sherman anti-trust law. The bill was tion to conduct a filibuster on all occa side tracked for general debate, which sions where opportunity presented it continued until adjournment. self, In order to force the Rebpublicane to action cn an employers' liability bill and other measures deemed necessiary of enactment was announced by Wil- liamms, of Mississippi, in the house of representatives today during the con sideration of the agricultural bill. He said he had waited until today to see some evidences of an intention to trans act business which the people were de manding, but, finding none, had reach ed the conclusion that the time was ripe to force the hand of the Republican party. The Democrats cheered tbe an nouncement. Monday, March 2^, Washington, March 23.— The senate today for the fifth time in the present session adjourned because death had robbed the body of one of its members. The untimely death of Senator Bry an, who was familiarly known as the “ baby” of the senate, a title which he took pride in, came home to the senate with more force than any which had preceded it. There was no other sub ject of conversation prior to and after the session than the fact that the mor tality record of the present session is greater than in any previous entire congress. Washington, March 23.— A scene somewhat out of the ordinary was en acted in the house of representatives today because of a charge made by Mann, of Illinois, that Sulzer, of New York, had put into the congressional Record what purported to be a speech delivered by him last Saturday, but which Mann charged was not tbe one delivered. It all had to do with Sulaer’s claim that he, and not Mann, was the author of the legislation that brought the de partment of commeroe and labor into being. A letter addressed to Speaker Cannon Hang Prisoner by Wrists. Columbus, O., March 23.— 8enator Lamb, of Toledo, here today created a sensation by declaring that, while visit ing the Ohio penitentiary, he raw a prisoner hanging by his wrists. “ I was astounded,” continued the senator, “ and soon saw that the attendants were trying to keep me away from this Slavs Appeal fo r Compatriot. man. I insisted on seeing him, and Washington, March 2 6 — Representa the man said to me: ‘ I have been tive Sabath, of Chicago, today laid be hanging here since Thursday, and they fore the president a petition signed by only let me down for breed and water.” 470,000 81avs and Bohemians in this country requesting that the United Tillman Seriously III. States make representations to Hungary Columbia, 8. C., March 23.— United for tbe release from prison of Frank Sta'ee Senator Tillman is seriously ill Polakvic, a naturalized American citi at his home at Trenton, this state, zen, who was imprisoned for singing an The suffering from a nervous attack due, it objectionable Slavonian hymn. , is believed by big physicians, to hard p-esident w ill take up tbe matter with work. the State department. Vies Prssidsnt and Speaker Promise Liability Law. Washington, March 20. — Speaker, Cannon and Vice President Fairbanks today announced their belief that the present congress will pass an employ ers’ liability act which w ill meet and orvercome the unconstitutionality of the present law pointed out by the Supreme court of the United States in a recent decision. These statements were made unreservedly by tbe speaker and guard edly by the vice president to a delega tion led by Samuel Gompers, president of the American Federation of Labcr, from 87 national and international trade and labor and farmers’ organiza tions assembled in a national confer ence in this city. The delegation called on tbe speaker to lay before the honse of representatives, through him, a me morial entitled “ Labor's Protest to Congress.” The protest submitted by Mr. Gom pers and his associates refers to the Supreme Court decision in the hatters’ case as the “ most recent perversion of the intent of a law by the judiciary by which the Sherman anti-trust law has been made to apply to labor, although it was an accepted fact that oongieas did not intend the law so to apply and might even have specifically exempted labor but for the fear that tbe Supreme court might construe such an affirma tive provision to be unconstitutional. PROTECT TRULY INNOCENT. But Railroad Land Grant Must Fits: Be Forfaltad. Washington, March 20.— Ih e status of purchasers of granted land in good faith from the Oregon A California Railroad company, and their rights un der the law, were set forth in some de tail at the hearing before the house com mittee. The provisions of the grant prohibit sales except to actual settlers in limited quantities and at a limited price. By necessary implication it per mits sales of the kind mentioned. This provision of the grant la a con dition subsequent for breach of which the government has right of forfeiture. However, a condition subsequent la not self-executing. Upon the breach of the condition title does not automatically revert to the grantor. So that until the government in some way asserts rights of lorfeiture, title remains unim paired in the railroad company, with full authority to make sales to actual settlers in tbe manner provided in the grant. After forfeiture is claimed, no further sales of any kind can be made by the rail roar’ company, if the conten tion of the government is correct. Bnt all Bales made within the terms of the grant will be valid and will be in no way affected either by the Fulton reso lution or by any suits that w ill be com menced. PLAN N A T IO N »L APPLE FAIR Spokane Proposes to Offer $100,000 in Premiums. Spokane, Wash., March 20.— A t a meeting of promineot citizens today it was decided to make the big apple show that will be held in Spokane next De cember a national affair, and such large prizes w ill be offered that fruit from all parts of the United Statea will be entered in competition. It is expected that the awards that will be given will attract some of the greatest Iruit ex perts of foreign countries. To carry out the plan, a corporation to be known as the National Apple Show w ill be formed with stock amount ing to $100,000, and governed by a boatd of trustees of seven or nine men. It is anticipated that oneof tbe directors will be Louis W. H ill, president of the Great Northern railroad, who baa been requested by wire to accept a position on the board. It ia intended to offer from $8,000 to $10,000 in premiums and to make tltfc show an annual affair. Among the leaders are W . D. Vincent, cashier of the Old National bank, and David Brown, president of the Hazelwood company. Thursday, March 19, Washington, March 19.— Resuming in the senate today his unfinished speech on the Aldrich currency kill, La Follette directed himself to the charge made in his remarks on Tuesday that the recent financial stringency was started by great bankers and financiers, declaring that since he spoke on Tues day he had secured additional informa tion proving that hie charges were cor rect. There was quite a large attendance of Democratic senators in their places, hut comparatively few Republicans. Occasionally conversations between sen ators on the Republican side caused the senator to discontinue tbe reading ol his remarks. ' On one occasion he re marked: “ I f there are spy comments on my remarks, I would be glad to have them made so audibly that I can hear them.” After speaking for more than two Mothers to Meet In Brussels. hours and a half, La Follette yielded Washington, March 20.— The invita the floor with the statement that he would resume his speech Monday next. tion of the Belgian government, extend ed through Baron Moncheur, the Bel Washington, March 19.— After seve gian minister, to the National Mothers' ral hours of spirited discussion over the congress to participate in the Interna proposition to abolish 17 'of the 18 tional congress on the education of the United States pension agencies and i family, to be held In Brussels in 1910, consolidate pension disbursements in ' was accepted by the board of managers Washington, the bouse today passed of the Mothers’ society today. Among the pension appropriation bill, carry the delegatee appointed to represent the ing $160,869,000, the largest sum ever United Btatee were the following: Mrs. authorised by th<s measure. The Frank B. H ill, Tacoma, Wash.; Mrs. house, by a vote of 86 to 139, stood by Jefferson D. Gibbs, California; Mis. F. the committee on appropriations and W. Ashley, Denver. left unchanged its recommendations for Askg for Intervention. one general agency. Bills were passed authorizing the sec Washington, March 20.—Tbe.govern retary of war to establish harbor lights ment of the little African republic of In Wilmington harbor, California, and Liberia has appealed to America to pro authorizing the Cutting of timber, the tect her territorial Integrity. The 8tate manufacture and sale of lumber and the department hsa been informed that fa preservation of forests on certain Indian delegation is now on its way from Mon lands in Wisconsin. rovia to Washington to make a personal appeal to the president and Secretary Root to restrain the French from forci Favor Country’s Ships. Washington, March 26.— The house bly taking pneseealon of a large part of committee on interstate and foreign the country lying in the border between commerce agreed today to report favor Liberia and French West Africa. ably the senate resolutions to restrict Governor Guild Very III. to vessels cf United Btatee register the transportation from ths United States Boston, March 20.— Governor Guild, to the Panama Canal sone of material who has bevn ill for two weeks, is In t for the canal. The resolution author critical condition. His physician. Dr. izes tbe Isthmian Çanal commission to B. F. Winslow, found the governor so purchase or chartes and operate vessel! serloatly ill yesterday that it wvs derid of the United Btatee for the trafMorta- ed to es'l two other physicians Into tion of such material and of cankr mail. eooeultation. WILL VISIT JAPAN President Accepts Invitation tor Battleship Fleet. MAY CALL AT CHINESE PORT Cordial Reception Promised at Yoko» hama— All Other Invitations Are to Bo Declined. Washington, March 21.— The Amer ican battleship fleet ia to visit Japan. The deeire oi the emperor of the Island Kingdom to play host to the fleet was laid before Secretary Root Thursday by Baron Takahira, the Japanese am bassador. The Invitation, which was coached in most cordial terms, was made the subject of exteuded consider ation by President Rooeevelt and his entire cabinet yesterday. Mr. Root was directed to accept the invitation and the acceptance was laid ,before the Jap anese ambassador late yesterday. It is regarded in cfficial circles here as more than likely that China will be next to bid for a look at the fleet, and that, should this be the case, the ^invitation will be accepted. Secretary Metcalf and Admiral Pills- burg, chief of navigation, are arranging the details of the new itinerary. With the exception of China, It is deter mined that all other invitations, should any be received, will be declined, for at the best the fleet will not now be able to reach the Atlantic seaboard be fore the first of next March. The itinerary, which seems to be the most direct, includes stops at the Ha waiian islands, Samoa, Melbourne, Bydney, Manila, Yokohama— should that port be selected as the stopping place in Japan— possibly a Chinese port, back to the Philippines, and then home by way of the Suez »anal, with only soch stops as aie necessary for coaling. Tbe fall target practice has been planned to occupy a month at Manilla, either before or after ths visit to Japan. Although target piaoJce is regarded as decidedly impoitant, and the custom la to have the ships occupy a month in each Bpring and fall in gun practice, the desire to have the fleet return to ita home station may lead to a curtailment of the iqonth planned for Manila. Japan w ill have the Bhipa a week, according to the tentative p ans. While the stops in foreign porta so far made have been on an average of ton days’ duration, a part of that lime was occu pied in taking on coal. With a visit to Manila, no coaling operations will be necessary in Yokohama. This wonld enable the entire stay there to be given up to festivities and show features of the visit. The acceptance of the Japanese invi tation is regarded In naval oircles as of considerable importance in the way of showing the cordiality existing between Japan and the United States. The added trip is nearly equal in distance to a voyage from New York to Europe. HINTS DIRE PLOT. Heney Imagines Effort Will Be Made to Spirit Ruef Away. San Francisco,March 21.— Abe Ruel, indicted on 116 counts, thinks the sum of $1,116.000 is too much bail, and says there are 37 counts against him on which the bail is $370,000, of which he chonld be relieved, and that the bail on the remaining counts is excessive. Ruef was in court on a writ of habeas corpus. Assistant District Attorney Heney presented an affidavit stating that Ruef was wealthy, and that he believed that there was a conspiracy to get Rnef out of the country. He cited the attempted kidnaping of James L. Gallagher, on whose testimony he said Rnef would be convicted, and also the attempted kid naping of ex-Supervisor Lonergan, just befocre the Tirey L. Ford trial. Mtirpby pointed out that at the pres ent rate of progress— over a year and not one trial— it would take 116 years to try Ruef on all the charges. He said a conviction on one or two chargee would practically send him to the peni tentiary for life. ___ i------------------------- Land to Ba Thrown Opan. Washington, March 21.— By author ity of the secretary of the Interior, the public lands in 131,643 arres excluded from the Blue Mountain forest reserve, Oregon, by proclamation of January 9, 1908, will become subject to settlement on June 1, 1908, if not otherwise with drawn, reserved or appropriated, bnt not to entry, filing or selection until July 1, 1908, at the United Statea land offices at Lams, La Grande and The Dalles. Sixty days’ notice by publica tion In newspapers near the lands re stored has been authorized. Launch "Ship” Corquaror. San Franciaco, March 21.— The Sal vation ship Conqueror went Into com mission at 3 o ’clock this afternoon with appropriate ceremonies, over which Mayor Taylor presided. The Conqueror was-built by the Salvation Army. The front represents the bow of a warship. Ths piace was built for the use of the men of Admiral Evans’ fleet ns a coun ter attraction to the gin mills. Read ing matter w ill be provided for the sailors and Innch at a nominal cost. New Battleship In Commission. Philadelphia, March 21 — The new battleship New Hampshire, w th Cap tain Cameron McK. Winslow in charge, was placed in commission at the Leagun Island navy yard today. The warship w ill be ready for sea in about a month. \