Eugene daily guard., December 21, 1910, Image 1

THE; L EUGENE IMTLY' afTAhii
.VOL. 34
PRESIDENT TAFT
01 PART OF MAJORITY
BEF0RESESSI0N ENDS
Washington Deo. 21.There is much discission ia both the
White house and at the capitol over the outlook for the admin
istraUou s legislate program President Taft, in a ,'e
with senators and representatives, has indicated his .-von- do
sire that as many as possible of the measures he recommended
in Lis annual message be pressed through congress, without de
lay in view oi the coining change in the political complexion of
the house. It is in accordance with this policy that ihe appropri
ation hills have been rushed through ur.preccdcnlK
No conclusions have been reached as to the c"nl-- vi v.-hi-i
the program will be brought up in congress, but the regular Re
publicans have warned the insurgent members of their party
that they must accept the onus if they put any obstructions in
the way of proposed Republican legislation. Mail steamship
subsidy, tariff commission plan for coVioeting and assimilating
tariff data, Panama canal fortifications and tolls, and the bill to
regulate the issuing of injunctions in equity without notice are
all matters upon which President Taft especially wants action.
NO VERDICT YET IN
MANERUD'S CASE
AGAINST CITY
Judge Harris Gives Lengthy In.
structions and Submits
16 Questions
Followins are the questions that
must be answered by the vote of
niue members of the jury in the case
of Manertid & Quinn vs. the city of
Eugene to the court after they have
deliberated. Jt is from these ans
wers that the court wlU base its ver
dict: 1. Did the MUllgan right-of-way
question form any consideration in
the contract? (To "be answered yes
or no.) ,
2. Were the plaintiffs delayed by
fault of the defndants? (Yes or no.)
3. If you answer yes to this last,
how much were plaintiffs delayed?
(This must be answered in tbe act
ual time.)
4. Was work rendered impossible
by the heavy floods or the rains?
(Answer yes or no.)
5. If so, how long?
6. If the plaintiff was delayed by
fault of defendant, or the floods or
rains, what would have seen n rea
sonable time to allow for this?
7. -Did the mayor tell the plain
tiff that he was permitted to stop
work? (Yes or no.)
8 Did anv of the fire or water
committee tell the plaintiff that he
was permitted to stop work at any
time? (Yes or no.)
9. How much material was exca
vated by the plaintiff up to April 18,
1910' (This answer must he in tne
....... .... -...i .l .cjifiert under the
cuoic y:iiu& mm v
three heads: Earth, cemented gra
vel and solid rock.)
10. How much overhaul should be
allowed? , .,
11 How much remained after
April 18. 1910. to be excavated?
12 How much over-haul won d bo
necessary in removing the remaining
mai3.rlHow much profit would there
be for the plaintiff if he had removed
the amount remaining?
14. How much exces of cost o
removing the remainder of eHa
is due the city as a result of the con
dition In which the ditch was left?
15 Did plaintiff abandon tbe con-
trT6?rm1'the plaintiff intend to
leave the work uncompleted.
Instructs the Jury
With the Instruction that the Jur
ww to base Its verdict upon a set
fVesUon 'which he read. and I from
the answers which the jr. J r?'"
ed he would retnr the ""'"'J0'?
against the 0
in the circuit court a 11 .40 o 1 ck
this morning ins.n,Hol .heph.;Miffi
to remove in.- j....- p
was:
i
the cltv of Eugene n"
begun.
i . vinck .lohn K
..
Jenkins, in-;
rt l t.-ll w l.
. n,n ..ted :
tornev for the pi.lim" . i
his rebuttal and the c . '
ed to deliver Its it striK ions
iurv. These were l-gilnnd c",n
ed the whole "n'i "'' ,hp!he dHm
the case, reading the fla ms ym m,
.nnnter P R ml plrn 8 . ' 1 ., .H ' .....(
counter claims on erh .. P-- ,
by both sn.es, "" ." " -p mllf!ton ,he plalntirr
iho no nts noon whlcn im J'". , .,.,,., -,.rt
decide. His lnstructlonswere
decide. His insiruci....- --
ered clearly and were to he o Int.
vern'g' practically every Uue
" - - . Alin,nn
i)Hny l ' V"' ..
From thC intn.c.lo" ;,''
depends uj.on .hr or '
was entitled to a u--" .
1Q10 If the court linns im
verdict is to be
only question renin , nlnK l
DEMANDS
ACTION ON STRIKE
1 HAY BE TAKEN
ni
Conferences So Far Have Had
No Definite Re
sults Chicago. Dec. 21. No action re
lating to the threatened strike of the
engineers on the railroads west,
north and south of Chicago is ex
pected before midnight tonight.
Grand Chief Warren D. Stone, of the
Brotherhood of Locomotive Engi
neers, conferred with his executive
committee previous to a meeting with
Labor Commissioner Chas. P. Nelll.
I ate this afternoon he said he had
no announcement to matte.
contractors removed the earth only
from the top, and had no intentions
of completing the work, and if they
had no right to stop the work, the
decision will be granted In favor of
the defendants, and, furthermore, If
this should be the case, and It should
be found that the work had ueen leu
In such a condition thnt It would cost
mnre tn finish, the cltv will receive
appropriate damages for this.
In case, however, tnat niaaeruu
wins, It will be shown that tbe city
had no right 'to assume control of
the contract, Manerud & Qulnn are
to be granted damages that will In
plndp nil nroflts that, would have
been made by them had they finished
the work, and the city's claim Is nil.
Committee Hcsponsiblc
The whole matter, however, rests
nn the nuestion of tbe delay. If the
mayor or anv mem her oi tne me
.mrt wnii.p roin in 1 1 1 ee uave the con
tractors permission to stop work, ac
cording to the ruling of tbe court,
till sshall waive the terms of the eon
tract. Hut the statement or the en
gineer and his leaving the field was
no ground for the contractor to as
sume the matter of tin- contract.
In the question as to how much
should be granted and In which the
matter of classification of cement
gravel figures, the court ruled that
U this materiel was generally con
sidered to he such that it could not
be removed with a railroad plaw
drawn hv six horses, and that this
understanding was held by both the
parties when the contract was made,
the word of the contract meant 110-
"'The amount that Manerud claims
the cltv owes him for work actually
performed Is $50. S87.4H. but of tb.s
r.11 h.-is been paid. The city
claims thnt the sum for work actual-
Iv completed is only '"'""
the sum already paid. It Is the duly
of the iurv to decide whir his correct,
or If neither, what Is the correct
May '' t ' licninci! rniflis
The closing words of .liulu HnrH.
in instructing the jury were: If.
however, the defendant
to take over the contract In A'"".
.. . .1 i.. ,,i if mii-i ! " ir)" i
men u- e "" .. .
nnile
nrnf Is IIKIl ' "
K., ,,,.. flnish.'d the nrk.
rt ihe or!i. Hut. n
)d tllllt
riui
the defendant h.-'d tne
over and construct the
ause of work done tiy
ates are due tne
von must d.'teriiniiK mir
..Th(l ,rlHn , ,h
,. nroof rests II p-
If you find that the
.1,- hshnrps. then the
I evl(ien' vui.n..
; - "
, bp glven to mnjm
a se n pMnUt. may win.
he evidence must be stronger on his
HlUt.
side."
l .K.n Which r-.ny Is
The foiiowini! '" ""
n.,. up bv J it 'If 'bos.- on
which the plaintiffs claim for dclar
a nTinn!
rt sts:
1.
tin
EUGENE, OREGON, WEDNESDAY EVENING, DEC. 21,
Supreme Court,
Presided
1 V
HUNDREDS
0 F
LIS LOST IN
COAL MINE
Explosion Entombs Many With
Little Hope of Their
Rescue
liolton, England, Dec. 21. An ex
plosion, folowed by fire, causing ma
ny fatuities, occurred In the Little
Kullon colliery this morning after
290 miners had gone below the sur
face. Following the explosion smoke
and gasses filled Ihe mine.
At two o'clock this afternoon only
eight of the Imperiled had escaped,
and the outlook for the rescue of the
others Is dubious. At that hour ten
bodies had been recovered.
I.V,r , .1,,,.. tl... 11...... r
died men were In Jeopardy. The ad
joining mine was oamagcti oy tne
shock and It was some tune before
IlK 400 OCCIl tlllllts Cnillil ht rf!irli..ri
and brought to the surlac.e. The ex-
pploslon was terrific.
city to secure the right of way und
borrow pits.
i. Delay caused by neglect of de
fendant to tirovlde siifltiii'iil iiliins
and engineering marks.
;i. 'the delay caused by failure of
city to hale engineer upon the
ground.
4. The diday caused by the engi
neer of the city chaugiug lylncs and
height of embankment.
it. Delay because of the failure of
the engineer to make monthly esti
mates, that the estiniat.'S were arbi
trary and grossly Inaccurate, and do
Inyed the work.
ll,.ll,V l,..,.UIW.. Ilf ltl fllft tllEll
there was no estimate for November.
1 It " s .lisiver nuinineil I ji
The siiiiiniarv of tbe city's reply a
glvn by Judge Harris Is:
First, a denial ot all charges tiiaoej
l.v . .1 i 1. 1 1 f r itiiil linn u rliitni fur a;
counter cl-iiiu based on the followihg'
tacts: !
That the contractors aclwl In mi.
Ignorant, unskilllul ami iiubimliicss-,
like manner. !
i hat tln-y made no efforts to fol-!
low the slope slakes, and that they
willfully or neglectfully and carei.ss
iy lost slope stakiw.
'I hat they constructed the canal In
such a manlier that the hanks would
he damaged by the rains. '
That the plaintiff never had suf fi- (
clent help or equipment.
That the plaintiff neglectfully re-;
moved top dirt, and dumped the
same where It made a great ejpensci
to the city later.
That he dug unnecessary holes that j
had to be drained at a great eipcnse. I
That the plnlntf never at any
lime Intended to complete the canal.)
ill,! Intended only to heat the de-;
lerviant and remove only top dirt. (
whli h made greater after upensc.
Oi hiit plaintiff abandoned ork, re-j
fused to complete, and for this reason
the contract was broken.
That the t of the completion of
the canal has been $::.::.&. and
that this Is In excen of th contract
Ii??? : :
,W il,ll I :. .;, i. . S .w '-v .V ' i."wii t.,,- I
With Two New Member
Over by Former Confederate Officer.
1 ' V
i
IMPROVEMENT AND
ENLARGEMENT OF
SOROS
Engineers Connected With the
Maintenance Dept. in Eu
gene With Blue Prints
Several improvements in the local
depot yards of the Southern Pacific
company, aside from the building of
the turntable and an additional side
track for the accommodation of the
new Kttgeno flyer, Is presumed to he
the plan of the company from the
fact that II. A. Ilrandon. connected
wlih the maintenance department of
Mie company, and (leore D. Kor
sythe, also said to be connected with
that department, have ueen In Uu
",.. flnriiu. Ibn ilav and h:ive looked
over the local yards thoroughly, car
rying a bin roll of blue print plans
wlih them. Just what these blue
nHr.lu cull for lu lint known bv al)V
one here, hut it Is rumored among
the company employes today that I
tlw.v i-niitiilii nines fur extensive nd-I
dlllons to the trackage to say the;
least, and possibly more.
.Mr. Ilrandon was foi a number of.
vnnru ul' 1 1 ll the I) It & N. COllltiallV
lu a similar rapacity and was pre-1
vjous to coloring me employ in uie;
....ii .,ri, ,,... r..r the t,li.
..,..,....,.. ., r.
poll,.-,,.. .....itrnelfiM.. firm oT F. rlc U Hull ,
& Peterson, who are building a parti
of tbe Natron-Klainath extension, I
working rroui Klaiiiatn fans tnisi
uv While wlih the II It & X.
company Mr. Ilrandon had charge of1
the location or round houses, the1
building or new trackage and similar
work. It Is said he has similar work,
with the company In this part or the
Btate,
OIL KING IS TO PROVIDE
FOR RELIGIOUS WORK
Chiciigo, Dec. 21.- I'rcsld.Mit War-'
ry Pratt Judson, of t I'nlverslty of
Chicago, made public today a letter
from .lohn 1). Uockefeler. In which
the latter made unsg-st ions as to
how his hiht donatii.il of t' li millions
to th" I'nlversllv should be s;ient.
Kellglous Instruction, with a I'nlver
sllv chapel to cost 1 1 .'.mi, nan. Is the
chief object the donor provides for.
cost hy (14.000, and lu addition to
this there must be paid a forfeit of
t.'iO a day. amounting to l.'iioo.
That by reason of tho met hods of
the plaintiff the defendant had the
right to take possession of the canal,
and that plaintiff has no claim for
damairi'S.
In the court rim if! during tbe deliv
ery of the Judge's Instructions, In d
,) it Ion to the attorneys concerned
and the of fli ers of the city, and the
contr.vtors, were the family of the
commi t' (i the wife and friends of
one of the il'y atiortii-ys. and mem.
!i-s of the imal legal piofesslon.
Tier" M-re few others In the court
room.
1910
5
1 'r Si
-,
A -
CHFiSUSTJCE
WHflt.
LORIMER REPORT
HOLDS SENATOR
BLAMELESS
Committee Finds Corruption
Fund Not Used in His
Interest
WiiHhlnKton, Dec, 21. The report
of tho Bpnntn 0011111111110 nn irlvl
loRt's mid election In tho Lorlmer
rnso wjih tr'ncnt'(l to tho hciihIo to
day by SiMintor HurrowH, rlnilrinim.
The (MHirliiKlon rouclHMt hy tho
coninilltfo In ii h ToIIowh:
"Thnt In their opinion tho tltl of
Mr. Lorlnirr to a hmU In the senute
Iiiik not Iiimmi h ho wed to lie tnvulld
hy n.se or employment of corrupt
itieihodH or pra!l IceH.'"
In relation to die eharn' I hat
there wan a rorrupllnn fund ued In
the HIImoIk leniHtatiire, (he report
Kit y h tin re wiih no evidence It wait
UHed for the heneflt of Korlmer.
On the floor of Ihe Honate, llever
lilK' slated he wh not iilile to roti
fer wlih or illsfent from the fiinl
Iiiik, heeaiiHe of the vol mill noil h
ehanifter of the testimony. He Hint
ed he would further luventlKate nnd
dieht the proceedlliKB durlliK Ihe
holiday.
ANNUL PORTION
OF CONSTITUTION
Washington, Dec, 21. In
a special message to congress
President Taft today advised
the adoption of ii Joint reso
lutloi I authorizing Ihe nnuul
mentJof that portion of the
eoliKttiltlon of the state of
Newl Mexico ntlemptlng to
chaigc the boundary lines be
tween New .Mexico and Texas,
NEW RECEIVER OF
PUBLIC MONEYS
Washington, Dec. 2 I . President :
Taft sent to the senate today the
n n in I n a i hiii of lleiijamln C. Harberi
to be receiver of public moneys at i
Leslston, Idaho. j
'
r.Aiic mi:aihi:u
Htlt TOMOItKOW
Oregon-- Fair tonight and !
Thursday.
Man from U hion sold from I '4
acres of melons In IKO't. (!; in
l'i"7. from I i,4 acres of melons,.
JITS. Hold In lo. from I 1-
a res of striimberrlcs 1 4 !)0. 7 G ; al
urew 210(1 bushels of potatoes on
six acres, and another year f 1 765
worth on eight encres.
TWO MILLION
SWEEPS CINCINNATI'S NEW
FACTORY DISTRICT TODAY
Cincinnati, Doc, 21. Fire in tho modern factory district of
tho city early today caused damage estimated at two million
dollars, tho death ot' two men and the injury of six firemen. At
tho time the fire broke out a high wind was blowing, and when
tho flumes were finally brought under control ten firms had been
burned out and eight large buildings destroyed.
An entire block from Ninth and Sycamore streets to Broad
way was swept by tho flames. The firms burned out were:
Krippendorf & Oncol Shoe Co.; Taylor-Poole Leather Co.; Ca
hill Show Co.; Twin Lock Co.; Sycamore Stable Co.; Griess
Pfleger Leather Co. ; Victor Safe & Lock Co. ; warehouse of A. &
J. Nurre Co. ; Duncan Paper Box Co. and Wildberg box factory.
Tho firo is believed to have started in the engine room of
Krippendorf & Oneal.
LITTLE HOPE FOR
PATRICK'S PARDON
Iftedico-Legal Society Will Hear
Report of Its Committee
This Evening
New York, Dec. II, The New
"fork Medico-Legal society, which
has been trying to get another trial
fiiT Albert I'atrlck. the lawyer serv
ing a life term Tor the niiirder of
Millionaire William II. ltlce, In 1 !Mn.
will hear the report of their commute-
selected to wait upon ftovernor
While at a dinner this evening. It
Is not believed, however, that tbe re-,
port will he very encouraging, al-j
thntiKh none of the members of thet
committee will discuss the matter. , Washington, Dec. 21. In lu
The committee, which Is headed by ; twenty-fourth annual report, sub
talars Hell, Ihe well-known lawyer. , mltteil to congress today, the Inter-
wants governor White to commute
Patrlrk'tt hentenee, pending n Helen
llflc Inquiry. Thltt case Ik one of Ihe
iuohI fiimoiiH tn the country,
hocnuBo of the number of (UnttnKulKh
ed men who are flghtlnK both for
and nualnst the re leu no of 1'iitrlck,
who In n lawyer of eminent uhlllly
lllUlHOlf.
CONGRESS ADJOURNS .
FOR THE HOLIDAYS
Washington, Dec. 21.
Congress hn adjourned for
tho holiday recess until Janu
ary 5th.
Tho senate today Quickly adopted
a Joint resolution nilthorlrllng an
nulment of the portion of the New
Mexico constitution attempting to
change the boundary line between
Texas and New Mexico. It also pro
vides for re-tuarklug tho boundary as
established by tho ('lark survey made
In 1 KG 9-fi0. The house has not act
ed on tho resolution.
MEN OF ULSTER ARE
READY TO FIGHT
London. Dec. 21. A crisis In I'l
sler as n result of the return of the
l.lhcial party to power Is Indicated In
dispatches received from Ireland to
day. The opponents or home rule
for Ireland as part of the Liberal
program for the coming parliament,
have subscribed $fiii,00i for warlike
measure. Illds for 20,000 rifles
have already been naked and bid" for
1 .000,1100 rounds of ammunition
were sought today.
Mven the most peaceful of '.'Ister
men iiiluill that armed reslslencc will
follow If parliament should grant the
home rule In Ireland.
BOSTON CONCERN
INDICTD FOR FRAUD
Boston, Dec. 21. Kev. Norman K.
Pli-ss. former president of the lti
deemahle Investment company; ('has.
II, llrooks, manager, and John K.
Trapheden. agent, were Indlceted to
day by the federal grand Jury for
using the malls In n scheme to de
fraud. It wna staled In the literature of
the company thnt It controlled, as n
holding company, mining, farm and
timber properties In the Northwest
and llrltlsh Columbia.
MARKHAM SUCCEEDS
PRESIDENT HARAHAN
New York, bis', 21. Ciisrim it.
Markham. recently Identified with
the oil Interests of Pittsburg, was to
day elistcil president of tho Illinois
Central railroad by the directors to
succeed James T. Ilarahan. .Mark
ham was formelv vice-president and
general traffic manager of the Houth
em Pacific
STEAMER HORNET
AT NEW ORLEANS
New Orleans, !. 21. The Hor
net, the kllegeil filllbiniterlng steam
er, started down th river today, but
again dropped anchor this time near
Agleres Point.
NO. 286 -
DOLLAR BLAZE
ANNUAL REPORT OF
i
Interstate Commerce Commis
sion Affairs Reviewed for
tho Past Year
stutn coiumeri'e commission give
particular prominence to tho consld-
oration of the Knstern and Western
freight rate cases which are now
pending before the commission. The
cases have been assigned for argu
ment on January 11, lilll, nnd suc
ceeding days.
Immediately following tho passage
of Ihe Miinn-Klklns law, the commis
sion began to exercise the most far
reaching power conferred upon It,
the authority to suspend proposed
advances In rates pending Investiga
tion. In tho first half of 1910 nu
merous carriers had given notice of
general advances In rates.
As a result of the conferences be
tween the government and carriers,
the dates of tho proposed advances
wore suspended pending the enact
ment of tho law. Thereupon two
general Investigations wero Institut
ed ono relating to the general ad
vances proposed bv Kastern and th
other to those proposed by the West
ern cnrrlers.
Since the last annual report, the
commission has announced decisions
of tiH2 proceedings nnd 125 cases
have been disposed of. Thus 817
cases were removed from the com
mission's docket within the year, 660
complaints wero filed nnd eleven pro
ceedings were Instituted hy the com
mission. In ml. lill, in, 2t proceedings
Involving suspensions of tariff were
Instituted.
The number of Informal com
plaints taken up with the cotnmut
lon shows a considerable decrease,
3S40 having been filed In 1910 as
against 4!i;iS the previous year.
Within tbe year, 737 Hearing anil
Investigations respecting alleged vio
lations of the Inw were hold In Wash
ington and various parts of the coun
try. In the twelve months ended No
vember 30, 1910, 154, SSS tariff pub
lications were filed with the com
mission, approximately 30,000 less
than the preceedlng twelve months.
The number of schedules filed was
considerably Increased by the filing
of supplement postponing tho effect
ive dates of tariffs which contained
advanced rate now under investiga
tion hy the commission. In Ihe snme
period, the number of special per
mission granted to make the tariff
effective on less than tatutory no
tice wa 3. (HO, s.instautlally the
same as In the preceedlug twelve
months.
Special reference Is made to Ihe
work of the commission for the en
tiihllshment of a uniform freight
classification. Practically all the rules
and regulations of the separate clas
sifications have 'been reviewed and
revised.
The wisdom and urgent need of
proper legislation for the control of
railway capitalisation are urged upon
congress.
I ii ij ii I ry Into rnllway accidents
within Ihe year ended June 30, 1910,
shows that Ihe number of passen
gers killed In train accldenta was
227 as compared with 131 the pre
vious year. The number of employe
killed In roupllng accidents Increas
ed from 161 In 1909 to 207 In 1910,
or 23 per cent.
It Is pointed out that, notwith
standing Increase In casualties.
marked Improvement Is noted In the
practices of railroads In guarding
against violations of the safety ap
pliance law.
The VI14Jt Markets
Chicago, ec. i I. December.
4; Mnv. 95 5-S: July. 92 7-.
91
Por0nd, Or., Dec. 21. O chang
ed. Tacoma, Dec. 21. Unchanged.
GOMM
IS FILED
55;; M h. M --.
The delay and failure
""ll 1