The Bend bulletin. (Bend, Or.) 1903-1931, August 16, 1907, Image 3

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(b n Condensed Form lor Our
f Busy Readers,
Roiumo of tlio Lost Important but
; Not Loss Intorostlnp; Events
'. of tho Past Wssk.
Jllollrriiiskors on tlio Southern I'uolflo
Inoa nro on strike,
'Negrros lu Culm hnvo organised nti
tliliipondoiit pmly ft" llirlr own luiiultt.
JJTi'ii Jtiriirhavii now been ieuunl In
lie llsliwy brllxry cm nt Haii 1'rnn
lico. Heveml jwrsotis were killed nml much
ifojieity iloetrovod by tornadoes In
igwn nml .Mlutieriota.
lcms driven (nun rover by forest
Irrs Imroilml lint town n( HUimllnli,
Hi lilk,'nii, (or mvernl liniiri.
Pry start for tlio NoMh Mln nml
ijs wife nml clil ilrrn inko up tit'lr
osldoiiro on I jiglo Islam', oft t'm o nut
I Mnliiit, to await lili return.
I 1 -lilt I J Kinimrr, of tliu I'a'lflo Hlate)
Vephouo company, plead not utility
o tlm rhnigit of contempt otcotut lp
eliislng t teallfy nilimt liul (Hum.
A tumpiiaiy Injunction hat In-eii
ranted by tint Fedtrnl rami rmtrnln
ng llm Inlur union (loin Ixiyeotllng
tin telephone company In llclonu,
lanUiiui, whom a strike in on.
Four nnsrchlst worn wounded by
hn mvlilotltul explosion of h ImiiiiI) nt
i Ainbnrnniliir Kon, from Itusils,
mcU In American humor nml reads
ery (uiui)' jwpf-r bacmi tint.
Woven Chlneea who Imil Jut fawn
muggled across tlio Itlo (Irnmlo rlior
oii captuted nt Kl Paim, Tumi.
A Hrtlvmlor warship fully armed mul
rnvlsloued lint willed (ink Han Fian-
lo mnl another will soon follow.
.Many employe on lh Panama rniml
nt gutting married, lrniiio tlm gov
tnmont piovlil( separate homes fur
isrrled mon.
A Chlno'o Isnndipiinu of Pottavltle,
'., lias legally adopted n w hits hoy,
Itli tho content of tlio boy's inolhiT
fid grandmother.
Turkish tioop mo devastating IVr
ill village nml killing mnl enslaving
in Inhabitant. Twelve girls were
trrlnl nwny from onu village.
Tim United States ninUimmlar lo
untrln, Charier) H, Francis, mnl Kr
put llaml n Ablxttt, of Now York,
ere entertained ul luncheon, by Ptcrfi
)t Itooovelt.
Tho Aiiiertain Tolmceo company lint
jelnted on It" common it ck the regit
t iiaMerly dividend of Ulj percent
ml an ixtn dividend of 7i ht rout,
rnln t " roHulnr nml ft put rent ox
n nt tlio lHt previous declaration,
ho (llvliliiinl li payable KojiltinLor 2,
Mull Cnltie I Mlnvcd to Ihi tlio
choot norollnl In tho Morhl.
An oiplonlim of flroiUmp In I'rui
mi initio kllknl IB men mnl lnjurtl II
l'nclflo Coii't IninlxTiiion will Unlit
io pioH(l ntlvmica In lumbur rulon
MliMlMlpl vullny x)lnt.
Onu liiiiiilril unruly inoinbora of tho
oIMnl, Irolnnil, xllco force Imvo lcon
(lltxl niul MO tuoro will follow.
A Oormiin tirlnoMn who ytointlt
ly ntflln iillvor pinto from Kuropmn
itnld hn boon uxonntntcd 0 tho
ouml of Ininnlty.
I'ivo hundred bmkommi nml n nuin
ir of romliiotorii on tho Colonnlo
mtlmrn mllronil Imvo ntruok (or nn
lorrnxi ol 2 contu nn hour.
ThroC'flfths of the output of tho grout
olkxirii illnmonil mltiiti In Houth Af.
in In taken by Atuorlrnn iIioiIch rind
loca nro ti'iullly rUhi.
Itotn, tho flnlitlnn lender cf tho I'uU
nca lu tho Inlmul ot Iytc, linn Immmi
iiIoiicimI to df n Hi. Ono coinpmilon
m Dontoiicoil to liiiprlMoiuncnt for llfo
ul (our othora wcro kIvoii .15 ymu.
io trinl ot l'mmtlno Allien, tho chief
tho l'uliijiuied, will tuko plnco tlila
Nntlonnllita hnvo n fo majority In
io uowly-olootod l'lilllplno miaoiubly.
Ourinony cured inontnl nml iiorvoim
KokH nml druiikiirda by puttlnir. them
Bloody employment.
Tho mllroftdi nml tho Stool trust nro
runglliiK over tho queetlon of broken
Ho, omli blnmliiR tho other.
llleh Ainorlenna onn not rsonpa tnxca
cHtuhlUhlnR roHldcnccM lu Knithind.
toy will Ihi aubjeot to taxation under
o Kntillah Inwa.
A blast of 6,000 tons ot IiIrIi oiplo
vo wna flrod In breaking up n inouu.
In ot One innrblo In Italy. It dls
dgod 600,000 tons.
Oomrnlttlon on Corporation Bays It
Ui Worst of Mathous.
WnsliliiKtou, Auk. 6. Hltttilflcnnt
revolutions nro iniiito puhllc In n ro
port Hiiliiulttuit to I'rotthliiiit IlooHO'
volt by llurliort Knox Hntltli, Com
inlimlonor of CorporutloiiH, vuiivnrn
Iiik tho iitiorntlons of tho Htiunhiril
Oil Cointuiiiy.
lu n previous report tho wnys nml
niutliodH of tlio Hi ii tula rd woru ox
plnlnud. Tho presold report suts
forth tho results of those methods
mid tho ofTout thy huvu hud on tliu
consumptloti of oil mnl ou tho profits
of tho Htniidnnl Oil Compuny. Com
iiilssloner Hinlth snys:
'.'Tlio Hlumliird Oil Company Is ro
sponsible for tho course of prices of
potrolwum nml Its products during
the Inst 2R )mrs, Tim Htniulnrd tins
conslstiintly used Its power to raise
the price or oil during the Inst ton
years, not only absolutely but also
relatively to tho cost of crude oil,"
The Htandard hns claimed that It
has reduced the prlco of oil; that It
lias been n benefit to the consumer;
nml that only n great combination
like the Htandard could hare fur
nlshed oil nt the prices that liar
"Kach ono of these claims," snys
Commissioner Hmlth, "Is disproved
ny tins report."
Tho Increnso In annual profits ol
tho lltniidnrd Oil Company from
I HUC to IV04 wns over $27,000,000.
The report sn)s:
"The totnt dividends rccctrod by
the Htandard from 1883 to I HOC
were f &5I.V22.I2, (bus averaging
24 IS per cent n yenr. The dividends
however, were much less than the
totnl earnings. It Is substantially
certain that the entire net writings
of the Htandard from 1882 to 11'
were at least 1 7'JO, 000,00 mid 70s.
slbly much more.
"These enormous profits have
been bused on nn Investment worth
nt the time of Its original acquisition
not more tlmn f 75,000,000."
The report of Commissioner Hmlth
shows that the Htandard Oil Com
IKiny Is responsible for petroleum
prices for the past quarter of n cen
tury hi'cnuso this company bas con
trolled tho Industry. The report
shows the price history of oil tiro-
ducts slnco 18CC, or practically since
the beginning of the Industry. This
gives nn opportunity to compare the
course of prices during the earlier
competitive period with tho course
of prices during tho later mnnonolls
tic period. It nlso shows that price
would hnvo boon lower during this
inter perioii uniier normal competi
tive conditions nnd In the absence of
any such overshadowing combination
ns hns actually existed.
These prices show directly the of
feet that tho existence of this com
bination his had upon the rnnsuruor
and nlso the results that Imvo ac
crued to the combination Itself by
way of profits. Just conclusion can
thus be drawn of tho wny the Htnlid
nrd Oil has used Its grent Industrial
Federal Courts Continue tnvettlcatlon
o( Standard.
Chicago. Aug. C. Tho prepara
tions lor the second federal Investi
gations of tho relations between the
Htnndard Oil Company of Indiana
mid the Chicago & Alton Itallrnnd,
ordered by Judge I.andls of tha
United Htnto District Court on Sat
urdny, will begin tomorrow. The cnll
for the stieelnl grand Jury will bo
Issued and United Htntes District At
torney Hints will go over nil tho evi
dence presented nt tho recent trial
of tho Htandard Oil Company, which
resulted in conviction nml a fine or
129,240,000. and will select the wit
uesses to bo subpoenaed. It de
veloped Hint the reason for hasto In
this Investigation Is Hint tho stntuto
of limitations Is running against the
government, and because of It tho
Chicago & Alton will escape ro-ln
illctment on between 80 nnd 100
counts of the 1.4C2 on which the
Htnndard Oil Compnny was con
This statute of limitations bars
prosecution on offenses committed
moro than throo years before Indict
ment. Many ot tho shipments on
which tho Htandard Oil Company
was convicted of ncceptlng rebates
occurred betweou Hoptember, 1903,
nnd August, 1904, When tho grapd
Jury convenes on August 14, n tow
dnya will milllco to present tho ovl
donco against tho Alton.
Tho Jury will consider Infractions
of tho 101 kins I.nw occurring from
August, 1004, until March, 100G.
Transport Orssks Down.
Hnn Francisco, Aug. 0 Tho trans
port Wnrran, which loft Baturdny
with 11 largo contingent nt troops nnd
passongers, wan compollod by n
breakdown of machinery to put back
Rho had hardly got outside tho bay
when tho olllcera In tho onglno-room
noticed that her machinery wna not
working nB It ought. Chief Kuglnnor
Donnolly, of tho Army Transport Do
pnrtment. mmla nn exhaustive ex
amination ot tho Wnrron'a machin
ery nnd Is In hopes (tint now con
donser tubes can bo Instnlled by
John D, la Not Worried.
Clovolnnd, 0 Aug. 6. John D.
Itoc.kofo.llor gives no Indication In
nubile, nt least, Hint tho doclslon ot
Judgo Lnndle, fining the Btnndnrd
Oil Company tho limit, affected him
In tho slightest. As Mr ns nppenr-
nnocs go, tho magnate has not given
tho matter a thought.
--' - 1 ,
Naval Commlltos Considering Entlro
Change of Costume,
New York. Aug, 0.- Tho Jack turn
of the United Htntes navy have iiimln
such 11 mighty protest against the
time-honored headgear mid blouse
they wear ashore and on dress occa
sions aboard ship that the nnvy de
partment has appointed n committee
to decide on changes In the uniform.
Captain Hugo Osterhnus, commander
ot the battleship Connecticut, Is
chairman of this committee. Captain
Osterhaus has sent out 11 statement
to the captnlns of nil warships In tho
North Atlantic squadron and to the
commander ot every ship In the ser
vice, asking for suggestions,
The enlisted men are desirous ot
obtaining coats mid visor cans. Many
of them want the wldo flaring trous
ers cnnngeii into the ordinary pat
tern. Jl ill tlio cuter grievance relates
to the blouses mid tliu old-fashioned
pancake caps. These caps nro said
by all seamen to be absolutely useless
on a windy day, ns they cannot bo
kept on tho bead. They afford no
shade to the eyes mid seem to exist
merely an it relic of the Past,
The protest over the blouse Is con
sldered well justified In the navy. In
tho first plnco the seamen object to
the wide collar, which blows up
around their ears on windy days.
They want shorter neckerchiefs mid
coats hut like those of marines.
Hhould the sailors' demands be
grunted, It would be the first tlmo In
the history of the American nnvy
Hint seamen have worn couts.
Out U. S. Revenue From All Sources
Shows Large Increase.
Washington, Aug1. 7. Tho com
parative monthly statement of tho
government's receipts and expendi
tures shows that tor the month of
July, 1907, tho total receipts wcro
ID5,90G,C5 and tho disbursements
106,813,345, leaving u deficit for the
month of about 111.000.000. This
deficit Is explained by tho fnct that
nt tho beginning of each fiscal year
nearly nil the appropriations mndo
by the lust session ot congress bo
come nvnllnble nnd Inrgo sums nro
Immediately withdrawn from the
treasury, It Is a rule, with hardly
an exception, that each July shows n
deficit. A year ngo It was above
Tho receipts from customs lust
month nmnunted to $28,S2C,44S:
which Is nearly $2,700,000 In excess
ol July, 1906. Internal revenuo 122,-
K 10,304, I nc r e no I73S.O0O. Mis
cellaneous 14,229,712, Increase 110,
000. Tha expenditures for July, 1907,
aggregate almost axactly $1,000,000
moro than for July, 190C, tho re
ductions being balanced by nearly
14,000,000 Increase account con
struction or I'nnnmn canal.
Nsvy Department Loarns Lesson.
WaihliiAton, Aug. C Acting Sec
retary of tho Nnvy Nowborry linn
ncted upon tho findings and recom
mendations of tho board which In
vestigated tho ncehlant on tho bat
tleship Georgia on July 1C last, re
sulting In tho death of ton officers
nnd sailors nnd the Injury of n num
ber of others. The report Includes
nil of tho testimony tnken by the
Almost nil of tho findings nnd rec
ommendations, most of which hnvo
heretofore been published, wero ap
proved by Mr. Nowbrry, who hnn or
dered them put Into effect. Tho Navy
Department is now convinced that
the ran so of tho nccldent wns beyond
question n "llnrolmck," which It re
gards as n welcome conclusion, be
cause It Is believed that such llnro
backs can bo dealt with safely by ad
ditional precautions.
Middles on Torpedo. Boats.
Washington, Aug. 7, Orders Issu
ing from tho Nnvy Department show
that 11 number ot midshipmen hnvo
boon placed nn torpedo-bont duty.
This marks n new policy In tho Nnvy,
showing Hint tho Nnvy Is deficient na
compared with foreign navies In torpedo-boat
work. Thero nro CO tor-podo-hoats
of various types In our
Nnvy, yet only 10 of thorn nro In nc
tlvu service. This hns boon caused
by 'tho Bhortngo ot olllccrs, re
sulting from tho heavy dommuls tor
such olllccrs for tho nuw battleships
going Into commission.
Cultivate Land In Forest Reserve.
Washington, Aug. 0. J. O. Han
nuin, .of Portland, Or., has beon
grunted n penult to culttvnto 180llnllwny Trnlnmon, In an endeavor
acres In tho Cascade National forest
(north), applied for by him undor
tho net or Juno 11, 1P0G, nnd to
erect a house nnd othor buildings. It
ho so desires, for tha purposo or be
ginning his Improvements beroro tho
land la formally listed for tiling nt
tho United States Land Ofllco,
No Protest Frcm Japan,
Washington. Aug. 7. No nrotost
bus beon received rrotn tho Japanese ,
government against tho plan to sond
tho Atlnntlo battleship fleet to tho
PacUlo nnd nono Is expected. It Is
pointed out there that no basis exists
for protest or complaint, as the fleet
Is to remain In American waters,
New Suit by Receiver Earl Against
Sugar Trust.
Trenton, N. J., Aug. 8 A bill In
equity which culls upon tho American
HttKiir Ilcllnlng company to give an Re
counting of Us bin 1 11 ocf (or tlio past
(cur yesrs was filed before Chsncellor
Mngre today ou belinlt of George II.
K111I, Jr., receiver of the I'cnnsylvnnls
fjugnr Kenning company, of l'hllsdi 1
phis. The suit, It Is raid, Is tho only
ono of the kind over filed In this coun
try, mid tho step taken by the Pennsyl
vania company may bo tho means of
opening nn entire now field (or Investi
gating truU. The suit is separate
from that lor f30,0OO,000 damages
which Mr. Karl instituted ogalntt the
American Hugar Hctlnlng company, of
Now Voile.
Mr. Karl holds that In procuring tho
controlling Interest lu the Pennsylvania
company In 1003, the company became
a trustee (or the concern and Is respon
sible to It for an accounting, although
the American company never operated
the opposition company's plants.
Hesrln-j of Standard Oil Case Deglns
September 3.
8t. Louis, Aug. 10. The (hit testl
inony in the government's suit to dis
solve the Htandmd Oil company and
kindred comtfinIcs on the ground that
they constitute a trust will be taken In
tho poatolllce building In New York on
September 3. Kx-Judgo Franklin Fr
rise, ol Bt. I)uis, who was appoint! d
sptcisi examiner to near listlmony, has
Issued an order for tho (list testimony
ss abovo and copies were mailed today
lo all the attorneys on both sidca.
Frank 11. Kellogg, of Ht. Loots, and
O. 1). Morrlcon, ot Chicago, special
counrol lor tho government, requested
juugo rirriss to issue tho order. Judge
Ferriss hns not been Informed what
witnesses will bo called at tho hearing.
Tho taking of testimony will mark
tho actual beginning of tho govern
ment's fight to overthrow tho Standard
Oil company and the ,0 or more tub
sldlary rorporatlcns allied with It. Tlio
suit was 11 1 I'd In fit. Louis early In the
year, and all preliminary matters have
been cleared away.
Right to Water Under Indian Treaty
la Upheld.
Helena, Mont., Aug. S. Federal
Judgo C, K. Wolvcrton, ot Oregon,
who has had under consideration for
somo months tho case ot tho govern
meat against tho Conrad Investment
Company, Involving tho right to tho
use of the waters of HIrch Creek, the
middle of which marks tho southern
boundary ot tho lllackfoot Reserva
tion, In his opinion which was re
ceived today, decided for tho com
plnltmnt. Tho government nsserted
tho right to tho uso of tho wntera
among other things under n treaty
with tho Indians, whllo tho chief con
tontlon ot tho defendant wns that, ho
having compiled with the act or con
gross of 1S91 relating to right ot
way over public land for Irrigation
ditches and cannls, tho government
could not go back of that.
W. O. Conrad, of Helena, Is tho
owner of tho company, which has ox-
ponded largo sums In reclaiming
thousands of acres or land Just south
or tho Hlnckfoot reservation. Tho
mnln canal Is over 90 miles long nnd
(bore nre many moro miles of later
als. It Is not known whethor tho
case will be appealed or not.
Protect O. R. & N. Roadway.
Washington, Aug. S. Authority
has been grantod to tho engineer In
charge of tho Umatilla Irrigation
project in Oregon to construct a
wastowiiy on tho storago feed on tho
canal nbout Ihreo-fourths of n mile
below tho town or Kcho, Tho point
nt which Hits structure will bo built
controls tho operation ot tho cannl
throughout n section about four
miles long whero tho cannl very
closely parallels tho O. It. & N. rail
road. This section hns been con
sidered ns threatening tho safety ot
tho railroad.
Trying to Settle Strike,
Washington, Aug. 9. Charles P.
Nolll, commissioner or labor, Is In
telegraphic communication with P.
II. Morrlssey, grand mnstor. and
othor olllccrs of tho Brotherhood of
to bring about n peaceful eottlemont
of tho strike ot swltchtnon employed
by tho Colorado & Southern Hnllwny
Company, and to prevent, If posslblo,
tho onforcomont or n gonoral Btrlko
ordor calling out nil tho trainmen
omployod by tho road. s
New Northwest Postmasters.
Washington, Aus. 9. Postmastors
Orogon Pokognma, aeorgo w.
Mclntyro, vlco O.
D. waiters, re-
Washington Hall, William A.
Ooor, vlco O. P.. Angard. roslgnod;
Pdngon, Mohin Wothoroll, vlco S. O,
llladloy, toslgood.
FINED 820,240,000.
Great Moropoly Is No Better Than
Counterfeiters or Robbers.
Chicago, Aug. C Judgo Koncsaw
M, Lnndls Saturday In tho United
Htntes District Court fined tho Htnnd
ard Oil Company, or Indiana $29,
240,000 for violations or the law
against accepting rebates from rail
roads. Tho fine Is tho largest over
assossed against any Individual or
any corporation In the history or
American Jurisprudence. Tha case
will bo carried to tho higher courts
by the defendant company.
The penalty Imposed ou the com
pany Is tho maximum pormlttcd un
der tho law and It was announced at
tha end of a long opinion, In which
the methods and practices of the
Standard Oil Company wcro merci
lessly scored. Tho Judge, In fact, de
clared In his ophilon that the offi
cials of tho Standard Oil Company
who wcro responsible for tho prac
tices of which tho corporation was
found guilty, wcro no better than
counterfeiters and thieves, his exact
Iiinguago being:
"Wo rsny as woll look at this sit
uation squarely. Tho men who thus
deliberately violated this law wound
society moro deeply than docs he
who counterfeits tho coin or steals
letters from tho mall. Tho nominal
defendant Is tho Standard Oil Com
pany of Indiana, a million-dollar cor
poration. Tho Htandard Oil Company
of New Jersey, whoso capital Is
$100,000,000, Is tho real defendant.
This Is for tho reason that, If a body
of mon organize a largo corporation
under tho laws of ono stato for tho
purpoio of carrying on business
throughout tho United States and for
the accomplishment of that purpose
absorb tho stock or other corpora
tions, such corporations so absorbed
havo thenceforth but a nominal
existence. They cannot Initiate or
oxecuto any Inherent business policy,
their elimination In this respoct be
ing a prime consideration for their
absorption. So, when atter this pro
cess has taken place, a crlmo Is com
mitted In tho nnmo of such smaller
corporation, the law will not consid
er that tho latter corporation Is tho
real offender. And whero tho only
possible motive of tho crlmo Is the
enhancement of dividends and tho
only punishment nuthorlzcd Is a fine,
great caution must be oxerclscd lest
tho fixing of ft small amount encour
ago the defendant to further viola
tions by esteeming tho penalty to bo
In tho naturo of a license.
"Tho defendant argues that to
hold It for 1,462 offenses would bo a
violation of tho constitutional pro
hibition against tho Imposition or
excessive fines ,nnd It Is urged that
congress could never havo Intended
to confer upon tho court such power.
It Is the view or tho court that for
tho law to tako from ono or Its cor
porate creatures as a penalty for tho
commission of a dividend-producing
crlmo less than one-third of Its net
revenues accrued during tho period
of violation falls far short ot tho Im
position of an oxccsslve fine, and
surely to do this would not bo tho
exercise of ns much real power as Is
employed when a scntenco Is Im
posed taking from n human Doing
ono day of his liberty.
it Is tho iudemont and sentence
ot tho court thnt tho defendant, tho
Standard Oil Company, pay a flno or
Under tho seven Indictments still
ponding against tho Stnndard OU
Company, an additional flno amount
ing to $88,440,000 may bo leviea
against tho company,
How to Make Public Pay.
How tho Stnndard Oil Company
can exact payment from tho public:
Flno Imposed by Judgo Landls, $29,
240.000: attorneys' fees (estimated)
$200,000; total flno and costs $31,
600,000. Prcsont prlco (average
grado) kerosono per gallon, 12
cents. Proposed prlco, same, 13
cents. Gallons refined kerosono to
ono barrel crudo petroleum, 15.
Number gallons to bo sold at in-
croaso of 1 cent per gallon ovor pres
ent quotations to rolmburso Standard
Oil, 3,160,000. Number barrols
crude! potroleum, 210,000,000. In
crease In dollars, $31,500,000. Cap
ital stock Standard Oil Company of
Now Jersey, $100,000,000. Capital
stock Standard Oil Company or In
diana, $1,000,000. Woalth of John
D. Rockefeller In excess of $1,000,
000,000. (Kind figures not known
to himself.) Rockefeller's Interest In
Standard Oil (27 25 por cont total
capitalization), $27,400,000. Figures
based on ono barrol crudo petroleum
producing 36 per cont kerosono and
by-products. paraQln,' lubricating
oils, etc.
Flogged In Public View.
Hnzolton, Pn Aug. 5. Louis
Samobolla, accused ol wiro-beatlng,
was publicly flogged by Alderman
McKolvoy, boforo whom ho had bocn
brought for a hearing. Aftor tho
testimony had beon given. Alderman
McKelvey solzcd tho man by tho col
lar, draggod him Into tho street,
pulled tho coat from his back and
then handcuffed him to a post. Tho
crowd divined his Intention, and a
man took off his belt and gnvo it to
McKelvey. Tho aldorman Is young
and strong, and tho flogging was vig
Coin Design His Last Work.
Now York, .Aug. S) Through a
lottor from President Roosevolt,
mado public. It wns learnod that
AuRUstus St. Qnudens, tho famous
American saulptor, who died, had de
signed tho now gold coins which are
now bolng completed. This design
Is nrobablr the last completed work
that left the hands ot the saulptor,
Openly Defies Authorities ol me
State ol Alabama.
Governor Will Take Possession of tha
Road by Armed Force If Neces
sary to Enforce Laws.
Birmingham, Ala,, Aug. 6. It Is
not unlikely that troops will bo or
dered out within a fow days to tako
possession of tho lino ot tho South
ern Railway, tho cancellation of
whose llcenso to operate In tho stato
Is calmly Ignored by tbo company. A
four-hours' conferenco hold hero
this afternoon between Governor
Comer, Attorney-Con. Garbcr and
prominent nttorncys. Including two
cx-Chlcf Justices ot tha Supremo
Court, Is believed to havo rosulted In
a determination to make wholesale
arrests or officials ot tho Southern
road If that company does not re
cede from Its prcsont position.
A stato official close to tbo Gov
ernor mado the statement that Gov
ernor Comer was going to uso evory
power at bis command to uiako tbo
Southern Hallway obey tho laws ot
"If tbo railroad carries out Its
threat to stop all business lnsldo tho
stato and confine Itself to only In
terstate business," said this official.
"then tho Governor will order out
tho stato troops and tako possession
of tho railroad, which bas already
placed Itself In tho attltudo of a mob,
defying the rightful authority ot the
state. This action would bo followed
up by an extra session of tho legisla
ture, at which a law would bo enact
ed whereby tho railroad would bo
placed In tbo hands of a receiver la
less than CO days."
Only Two Pretexts, and Neither Ono
Will Hold.
Washington, Aug. 6. Two ave
nues of posslblo escape are open to
tho Standard Oil Company, but
whether ono or both aro taken tho
government will bo found strongly
Intrenched, confident ot repeating
tho victory It scored In Judgo Lan
dls' court. The trust may appeal to
the Circuit Court of Appeals on a
writ of error, or to tho Supremo
Court of tho United States on con
stitutional grounds. Ono nppcal will
not conflict with tho othor, and no
further appeal lies In cither case.
The Circuit Court of Appeals has
final Jurisdiction in quostlons of er
ror affecting the law in tho case, and
so far as Judge Landls' official acts
In tho construction of tho law aro
concerned, tho Supremo Court or tho
united States can only consider ono
Undor nrtlclo S of tho Constitu
tion, "excesstro ball shall not bo re
quired, nor oxccsslvo fines Imposed,
nor cruel and unusual punishments
inflicted." In tho opinion ot offi
cials ot tho Department ot Justice,
tbo caso can reach tho Supremo
Court on tho ground that the $29,-
240,000 flno Is excessive, because
tho Standard Oil Company ot In
dlann, tho defendant, has capital
Btock ot only $1,000,000 and assets
of only $10,000,000. Tho astuto
lawyers employed by tho trust may
find other constitutional questions to
rniso In tbo Supromo Court,
Tho government Is ready to meet
such an Issue nnd Is confident ot
victory. It will reply that the Stand
ard Oil Company of Indiana Is, as
Judgo Landls has construed, tho
Standard OU Company ot Now Jor
soy, tho great Standard trust, In fact,
and that tbo fine imposed upon tbo
trust must bo measured by tho re
sources of tho trust, and not ono ot
tha subsidiary, dummy branches.
11 y tho Depnrtmont of Justico at
tention Is called to tho common prac
tice In criminal courts ot imposing
fines upon vagrants, when tho inabil
ity of tho culprit to pay tho flno Is
known to the court. But such sen
tences havo never beon construed as
excessive fines.
Moro Land Frauds.
Los Angolcs, Aug. 6. Tho sudden
doparturo ot United States District
Attorney Oscar Lawlor for Portland
and Senttlo Is considered significant,
when tnken In connection with tho
rccont disclosure of extensive land
frauds In tho Imperial Valloy. When
ho loft tho city Mr. Lawlor said ho
was called by Important business,
but would not give any Information
as to Its nature. As tho Investigation
Is continuod it Is believed tho names
of promlnont capitalists will bo
called with those dosort land entries.
Captured dap Poachers.
Victoria, I). O., Aug. 0. Advices
havo been received here ot an at
tempted soaltng raid by the Japanoso
sealing schooners Kalko Maru and
Midori Maru on tho seal rookeries at
Coopor Islands, guarded by Hue
Elans. The schooner Kalke Mara
has returned to Mlynko, Hlckusu
provlnco, Japan, and roported three
ot her sealing; boats and 13 men eap-
jtured by Russians,