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Tribune
CLEARINGS
liaiik clearings today ui-ro
T'
FORTIETH Y1SATC.
EQUAUTY BEFORE THE LI
IB READJUST FREIfilT RATES
Opening Brief in Cases Before the StatcRailroail Commission Filed To
day by Attorney McCunc Synopsis Given Shows That Law, Facts and
Justice Are on the Side of Mediord, Whose Traffic Association Mem
bers Have Been Minute Men Unflinchingly Facing the Railroad.
PREFERENCE IN RATES GRANTED TO PORTLAND
WHICH IS PROHIBITED BY STATE CONSTITUTION
Discrimination Against Carload Shipments is Result of Improper Ratings
in Classification Where Insufficient Spread is Fixed Be
tween Carload and Less Than Carload Ratings.
4 H444
Medford Submits Rate Case to Commission.
Tin- law, tlic facts, anil justice arc on I lie- Hide of Mcdford;
it is now up to t lie commission to act.
Kvorything tlmt man can do Ims been done by
every person connected with .Med ford's but lie. The Mcdford
men have been minute men in ibis fight and in the unit tor of tes
tifying have been undaunted where in other lncnlilios the mer
chants shrunk in (error before the rnilroad forces.
Medford's business men as witnesses have received the en
comium of those who have taken evidence in the series of rate
ciisc?-.
f-
4-
-f
4444444 4 4444 444444
The opening brief of the Medford
Traffic Bureau in its eases before tlm
state railroad commission lias just
hcpn filed with the commission by
Attorney Frank II. McCuuo who lias
represented the bureau's Interest in
a series of cases against the South
ern Pacific Company during tho past
seven mouths.
The brief is for the cases known
as tho distance class rates out of .
ford to points in Oregon and for com
modity rates on various articles from
I'ortin.id to .Med ford. While the case
wor filed separately thoy were tried
Jointly uud are briefed Jointly, (hough
each case retains its Individuality.
Both cases wore filed with the com
mission August last but delays occur
red after the cases came to a hear
ing, first by reipiest of tho defendant
and later for some cause unexplain
ed, but with the filing of plaintiffs
brief the cases are progressing to a
close.
Ill iff Very 1, earthy.
The brief Is uifusuully lengthy for
cases of this nature but it was deem
ed necessary to devote considerable
attention to detail because of tho en
tanglements in which tho cases be
came involved by reason of the In
terference of Portland Jobbers in an
effort to intervene and confuse the
issue in the hope of thwarting equal
ity of rate for Medford. Owing to
the brief being typewritten, and only
one copy rocelvod by the bureau, a
synopsis of the salient features of the
brier are published hs an item of
general interest to the community.
In the 'statement, of tho distance
riuss rates out of Med ford, Mr. Mc
Ct.no states that the Southern Pacific
rate structure for Oregon consists of
two sets of tariffs; "one set Is for the
interchange of traffic between points
other than Portland, ami the other
Is a specially designed set for Port
land." The rates lu cents per ono
hundred pounds are not equal for
the same distance, and because of this
it is charged that "a preference ap
peals to have been granted Portlatnl"
and that this preference in rates is
prohibited by the constitution of the
stuto, I
To Iteimivo Iiieiiunllty. j
Attention is called to the commie-;
slon made rates out of Portland with
out ti com iirrent Investigation and!
Four men lost .
in artic circle
DAWSON, Y. T.. FIi. -J8. -A
dozen mounted men "I iht U"yil
northwest mounted police l!t Daw
spm today 'for a long search ia 'M
ujcr Arctic eiro l'r a police ex
pedition of five men already -10 day
overdue from Fort McPherson and
lferschel island. Indians brought the
alarm to Dawson, it being reported
tlmt the mUsing r rw ' " F"rl v'
l'totraon a wetk i i- ' ' -"'-
The trip &qu " l
takes no l'"'--. r " !" ,;-' '
missing fu Ua- L''- -1 - '
in. iil limn hIimIci-s hi A ti.'iM" i '-v
f
44444 4 44 4444t44
order reducing tho class rates out of
Medford In which It Is stated "wher
ever reductions appear In the order
of the commission '" tho Portland
tariff a corresponding differential
was automatically fixed widening the
'already iineiiunl rates applied to traf
fic" out of Medford. Tho suit was
brought "to remove this inequality
and to socuro a constitutional uni
formity of class rates that shall be
equal to all men and places for equal
miles of transportation'
lu the statement of tl.u commodity
rate case, it is charged that the dis
crimination against carload ship
ments is the result of "Improper rat
Ings In the classification" whoro an
Insufficient spread Is fixed between
a less Hum car load rating and :
carload rating, it Is pointed out that
"the statute under which this nctlon
is brought sanctions and legalizes
commodity rates as a method of ex
ceptions to the standard classified
ratings, and tho law is therefore In
voked to obtain relief by tho stab
llshement of carload commodity rat oh
in setting aside tho improper classi
fication ratings and naming and fix
ing specific commodity cnrload rates."
Wit ncN-.es Knuincrutcil.
In the abstract of evidence the var
ious witnesses am mentioned togeth
er with the salient parts of their testi
mony the names of whom are II. C
flarnett, Ceorge .Putnam John F.
Keddy.-Kdwnrd A. Welch and Attor
ney Frank II. McCuuo. Defendant's
witnesses were 1 1. K. J.ounsbury, as
sistant general freight agent, and It
j IJ. Miller, general freight. agent, but
of this testimony tho brief states it
wus "almost wholly argumentative
and directed against the documentary
evidence of plaintiff."
Tho argument follows at length the
foundation of which is laid In the
I constitution under the bill of rights
'which provides "that all men are
! equal In rights," and that "no law
shall be passed granting to any citl
jzen or class or citliens privileges or
.Immunities which shall not oqually
, belong to all cltisens." The act to
regulate transportation and commerce
I having passed under judicial review
'and being upheld It must embody the
; principle of the bill of rights and the
f ('onliniifi1 nil l'...'o 2.)
YARDS DESTROYED
POHTLAXD, Or.. Feb. JS-Fire
'of unascertained origin this after
; noon destroved the lumbec mills of
the Oregon Washington Lumber
j company at Fulton, a suburb, and
shortly before noon was threatening
' fhe finished lumber in ibe yard.
Alt available fire apparatus from
Portland was rushed to the fire.
l - u .'"d it is feared that tbev
. i.. i. -' in tin- ii.ui'-t. iitntry where
.j Lli1u.i aic vulu-- luls year
In', .iiiAt- nf llie iiiiii-nallv -i -i-i- A
MEDFORD,
RIOTS MARK
PRIMARY IN
WINDY CITY
First Direct Nomination Held in Chi
cago Marred by Grave Disorders at
Polls One Man is Killed and
Many Arc Injured.
CARTER HARRISON MAKING
VERY STRONG SHOWING
Many Candidates in Field, Including
. Former Mayor Dunne and
Professor Mcrriam.
CHICAGO. 111., Feb. 28. After
one of the most bitter campaigns Chi
cago lias ever seen voting is on here
today for (lie first direct nomination
of municipal officers.
Grave 'disorders -marked (ho. vot
ing at (lie primary election. One man
was killed and a number injured.
The election commissioners this af
ternoon reported Unit the democrat
vote was heavier I ban had been im-
lil'ipated and that former Mayor Hu'r
ricon was making an unexpectedly
strong showing.
Tile struggle so fnr has been char
acterized by exiensivo billboard ad
vertising, and it is estimated Unit
the various primary candidates have
spent more tlinu !f:i."iO,nnO. There
are 1102,000 registered voters in the
city, and of these, il wn$ believed,
(bnl more than 'J.'O.OOO will vole.
Confident (hat A. J. Krabain, dem
ocrat, banker, candidate of (he regu
lars and of thoinlcrcsts, will be noni-i
nuted, .1 jin O'l.eary, (be handbook
king, has wagered immense sums, not
only on his success, but also that be
will bo elected mnyor on April 4.
John It. Thompson, the republican
candidate for the inlerests, is favored
for (lie nomination by that parly.
Foremost among tlu other eandi
dnles on the primary ticket are for
mer Mayor P.dwurd F. Dunne, dein
ocrnl, and Charles 10. Merrinni, re
publican, u University of Chicago
professor. 1 tot Ii are running on re
form pint forms and are believed U
be (he men the interests have to de
feat. Olher candidales are Curler Har
rison, demecrat: John ,Scitlly and
John Sinulski, republicans and V. i,
Wndriguez, socialist. In the last elec
tion the sncinli'.l- polled l.'i.OOO voles,
This vear lfodriiruc's followers ex
pect to poll .lO.IIOO.
I
FIX CHARGES
Interstate Commerce Commission
Rules That Reasonableness of Tar
iffs Are Not Rcmilatctl by Income
From Them.
VABHIN(!TO.V, D. C1., Keh. 28.
Tho Inter-stale commerce commission
today cast new light on railroad rate
squabbles generally when It announc
ed that the profits of a road do not
necessarily affect the reasonableness
of Its rates.
On an appeal by the Iowa state
railroad commission ,for a reduction
in the charges of the Illinois Central
Railroad for carrying passengers ov
er the road's private bridge at Dubu
iue, the inter-state commission rul
ed; "The net revenues of a earrler of
ten affect the question of the reas
onableness of it rates, but the fact
that they are greater thaa the re
turns of ordinary business enter
prise, Is not in itself sufficient to
Justify a finding that the rates are
egceaalve."
MEXICAN INSURRECT0S
CAPTURE BORDER TOWN
IKJl'GLAS. An, r'.h. 2h- Fiont
eras, ucro the Imrdi-r line from
here, is in the bamN of Mcxi'-un rev
ulutiuiiisti, toduy, following an at
tack yesterdav bv 20U rebels who
willed five of 13 civilian soldiers. It
was egpeeted that the revolutionists
ukhIiI i.ll.-ii'k Anna 1'iiit.i loil.iv.
S
OREOOX, TUESDAY, E1CBR1TARY 128, 1911.
FRESH A
Rid
Kind Hearted Neighbors Move Vcach
Boys Into Tent Many Contribute
Dainties Clean Clothes and Bed
clothes Now Needed.
CASH RELIEF FUND
GROWING GRADUALLY
Invalids Somewhat Better Today
Though Slight Hope is Held
Out for Elder Lad.
i- 4 Hf H
VKACH ItKMlW KIWI).
f
f
Subscription List.
In orddy to provide Clar
ence Vouch and Vernon
Voach with the necessary nr
tlcleH of food and other re
quirements that thoy in tholr
sick condition donmnd, tho
undersigned donate the, fol
lowing Htuns:
M. S. Johnson (collec
tion fll.r.O
Tho Medford Mali Tri
bune
Clnmlo Miles . .
.lay 13. Kff
Total to (Into
. n.oo
. 5.00
. 11.00
.$ri. no.
With $11.50 collected by M. S.
Johnson already turned over to Dr.
It. W. Stearns for use In providing
Clarence and Vernon Vcac.h, tho two
sick boys, with necessary medicines
and foodstuffs and ? 115.00 addition
al subscribed to tho Mall Tribune's'
fund, tho prospects for tho two Blck
lads now appear brighter. Dr.
Stearns visited them this morning nnd
when he camo away ho announced
that the younger boy, suffering from
pneumonia, had much Impreved:
while the older boy. Clarence, whose
condition is the moro serious had
shown up somewhat better than on
previous visits.
This aftornoon neighbors eroded a
tent nlouasldo of tho frame cottage
lu which tho family livo on South
Front street and the sick boH were
moved into It. During tho days they
will both bo allowed all tho sun that
they can stand and tho tubercular
trouble with which both are affect
ed will find it bus a harder battle to
fight to gather either boy as a vic
tim with thorn breathing the fresh
air of a tent that It had in tho stuff)
and cramped quarters where the)
were formerly lodged.
Several people have contributed
quantities of eggs and milk, Jollies
and other articles or food porinlss
ablo for Invalids and those things,
more than medicines, are what the
two boys needed. Tho next question
is to provide them with sanitary ami
clean clothes and bed clothes and the
fund now collected will be turned ov
er to proper authority to bo used for
this and any other purposoa doomed
necessary. Articles of clothing or
food may be left either at the homos
of the children or at tho .Mall Tri
bune. LOADING SUPPLIES FOR
FAMINE STRICKEN CHINA
NKATTI.K. yY..s.., Feb. 24., The
work of loading tho linitrport fly
ford with relict supplies destined I"
aid the (amine -nl'lerers in ('lnii;t,
will begin this iitiernnou iintnciliutcl.v
after the vessel tic up at the dock
here. The liul'onl will sail for Chi
na Sunday afternoon. Just before
sailing there will be services on boicd
to which (be public has been invite I.
J. W. PERKINS PROMOTES
COOS BAY RAILROAD
III
S K VEACH
BOYS
J. W. Pcrkiii-, lormeilv owner of
the Uillcrest onlnud at Mcdford, but
now seoretary oi the Douglu Devel
opment tfoinpan.v of Itoseburg, has
left for points in Minnesota where lit
goes to look after business matters
connected with the construction of
the proposed Coos Bay railroad. Mr.
Perkins says that money is at pres
ent easy in the east, and that actual
construction work will bs eoinwenced
on the Hne within ttO days, says the
Ifo-eltlll'g Nc.
illl NIGHT
FILIBUSTER IN
Crawford Starts Talk to Prevent Roll
Call on Blond Boss Case and is As
sisted by Senators From Other Sec
tions in Killing Time.
BAILEY HAS ENOUGH
AND ABANDONS LQRIMER
Chamberlain Says Senators Acted
Like Children Many Slept Dur
ing Debate All Worn Out.
WASHINGTON. D. C, Feb. 2S.-
Senator Crawford this morning dls
usFcd both tho I.orimer caso and
tho reciprocity Issue for eight hours
ai)d Tlv minutes, maintaining throu
ghout the most enorgotlr, dollvory.
Crawford' started his rllib'ustor'whon
It became clear that In another quar
ter or a nilnuto Vice President Sher
man would order a roll call on tho
I.orliner caso, nnd throughout his
efforts acpntors with speeches pro
pared assisted him in killing Unto.
They were Ilourne, Smith, Jones,
Simmons, Davis, Uncon and Rnynor,
till talking at great length.
Plenty of Action.
During the night Vlco Prcsldont
Sherman was accused of exorcising
too much power. On a motion for a
roll call Sherman declared ho himself
had counted a quorum and rofused
to accede to the demnnd. Ilexorldgo
protested sharply, declaring that such
action threatened to establish a pre
cedent which would mean a cloturo
of tho senate.
There was plonty of action all
through tho. night nnd eager Ustonors
to the battle of wonts jammed ami
galleries until this morning.
Kilihustcr HoMinied. '
Tho senate filibuster wit's resumed
;t noon when Sonntor Stono startod
a lengthy attack on Lorlmor. " Tho
preliminary situation was thou such
that ir the filibusters loft the floor
unoccupied for ten seconds Vice
President Sherman could stnrt the
Lorlmor roll ('all. To prevont this
Owen and Hrlstow woro rondy to fol
low Stone all negotiations for an
agreement for a vote on Lorlmor, tho
larlfr board and reclptoclty having
failed.
IB ATTACKS
INDUSTRIALIST
Riot in Fresno When Worker At
tempts to Speak on Streets Ora
tor Dragged Through Gutter and
Subjected to Violence.
FUICSNO. Cal., Feb. 28. Dragged
through the gutter for throe blocks
and subjected to violence at tho hands
r 300 rlotors, a member or tho In
dustrial Workers of tho World who
altompted to speak on tho streets
yesterday Ik suffering today from
severe Injuries.
The rioting followed the refusal of
Sheriff McSwalu to receive other In
dustrallsls In the county jail. The
speaker was knocked down ropated-
iy- , -' . .'' . .''..
A by-siiyider who protested was
thrown under tho heels or n kicking
horse and his nose broken.
HARRY C. MCALLISTER
ENTERS REALTY FIRM
Card-, b.ivc been received announc
ing the (orinalion of the real estate
firm of McAIUter & l.ueddoinunn,
with officers in the Klectrio building,
Portlaud, II. C. McAlUbtcr, one of the
partners is well known throughout.
the state, having been master rtsti
warden for several .vara and later
tuunager of the Greater Oregon Home
Rule assooiatiou, which made the
cimiiatiau for the home rule amend
ment and kt'l't Ibe Male from becom-j
ing dry at the last general election,
liefore apiwintment as master fish
wardeu, Mr. McAllister was for many
years a commercial traveler for the
wholesale firm of Allen k Lawia of
P.. i tluud.
LQRIMER m
UNITED STATES
II
VOTING 54 TO
Measure Fails to Secure Necessary Two-Thirds Vote Nine Southern
Democrats Vote Against Resolution Submitting to the People a Con
stitutional Amendment in Favor of Direct Election Standpatters All
Line Up Against Progressive Measure.
NATION WIDE MOVEMENT STARTED TO
DEMAND A CONSTITUTIONAL CONVENTION
Measure Introduced in New York and Other Legislatures in Session If
Thirty-one States Request It, Congress Must Call It
Southerners Objected to Sutherland Amendment.
4. v
Direct Election of
" Demanded by the legislatures of X) stales.
ltcfuscfl hv the United States somite. udv four voles laokitur
,of Jhp neevssury two-thirds; f)l votes for it nnd ,'K5 against,
' "The ullornntive: Tho con&titulion of (ho United Slatos pro
vides Hint when two-lhirds III of (be '10 slalos request a con
stitutional convention congross must call one. Movement started
today nil over nation to voico the demand. Measure was intro
duced in Now York legislature jestcrdny and will be introduced
in every sitting lugisluluro in Hie United Slates.
WASHINGTON, I). C, Feb. 28.
lly a vote of fil Cor to UH against the
resolution submitting to the people a
eonslilutinuul umeudiuent in favor of
the direct election of United States
senators to secure thu required two
thirds majority in tho senate today
and was killed.
This is the first vote cvor tnkon in
the Hcuatu on tiio question of Ibu sub
mission of such an amendineiit, al
though resolutions of n similar na
ture have passed tho house.
Four, other afjiriualivo voles
would have buuii Miffiuicnl to secure
passage.
Those who voted lor tho resolution
were :
Those Favoring It.
Dailey, democrat, Texns; Ilovcr
idge, republieun, Indiana; Morab, re
publican, Idaho; Hoiirne, republican,
Oregon; Mradley, republican, Ken
tucky; Mriggs, republican, Now Jer
sey; Ilrihlow, republican, Kansas;
llrown, republican, Nebraska; Ilur
ketl, republican; Nebraska; llurton,
republieun, Ohio; Carter, republican,
.Montana; Cliiimberluiu, democrat,
Oregon; Clapp, republieun; Minuofeo
tu; Clark, republican, Wyoming;
Clark, democrat, Arkansas; Culbcr
hod, deiuocral, Texas; Culloui, repub
lican, Illinois; Cummins, republieun,
Iowa; CuitihH, republican, Kiiiisih;
Davis, democrat, Arkansas; Dixon,
republican, .Mont una; I'Yyo, republi
can, Maine; Dupoul, republican, Del
aware; Humble, republican, South
Dakota; (lore, democrat, Oklahoma;
Cronmi, republicirti, -North Daketa:
(iuggculu'im, republican, Coloruilo;
tones republican, Washington; l.n
r'ollctlo, republican, WiM'iuiMii; Mc
Ciimber, republieun, North Dakota;
Martin, democrat, Virginia; NeUon,
republican, .Minnesota; New lands,
democrat, Nevada; Overman, demo
crat, North Carolina; Owen, deiuo
cral, Oklahoma; I'uynler, democrat,
Kentucky; Nixon, republican, Neva
da; l'crkius, republican, California;
Piles, republieun, Washington; Ifav
ner, (leiiiocral, .Maryland; Shiveley.
deinoeral, Indiana; Kiiuiuous, deiuo
cral, North Carolina; Smith, duinu
cral, .Maryland; Smith, republican,
Michigan; .Smith, democrat, South
Carolina; Stevcnu, republieun,
WiiM'oJuiiu; Stdpc, dejooctat. .Missou
ri; Knliicrlriiujf tnpoMienii, ,lTtab;
8HEEHI GET. OUT!
PAI..M HKACII, Kla.. Pel). 28.
Ueiuund for the withdrawal of Wil
liam F. Sheehan from the New York
senatorial deadlock was voiced today
here by Richard Crocker, one time
boss of Tammany .,1111. Crocker
said:
"The situation ought to be reliev
ed immediately or it will piove a
calamity to Now York and the coun
try. Tammany Is wrong to expect to
swing all New York democrats lato
line without dlscusslug the situation
thoroughly, the welfare of the party
lata and national demands Shatban's
withdrawal.
WEATHER
Clear Today & Wednesday
Ibir l!l).HS Tom. 10
Iso. 292.
f -f
United States Senators.
4-
Swanson, detnocrnt, Virginia, Taylor,
democrat, Tennessee; Thornton, dem
ocrat, Louisiana, Warner, republican,
Missouri; Watson, democrat, West
Virginia; Young, republican, lowu.
Those Opposed to It.
Those voting in tho negative were:
Uncon, dumocral, Georgia; Hank
head, democrat, Alabama; Hruudoge,
republican, Connecticut; llurnham,
republican Now Unmpsliiro; Bur
rows, republican, Michignu; Crane,
republican, Massachusetts; Dupcw,
republican, Now oYrk; Dick, repfdili-
can, Ohio; Diiliiigbntn, romb)iunn,
Vermont; Fluidbor, democrat, Flori
da; Flint, republican, California';
Foster, democrat, Louisiana; Oallin
ger, ro)iiblicnu, New wllampsldre:
Hale, republican, Maine; Heybnrn,
rcpiililiciin, Idaho; Johnson, demo
crat, Alabama; Ken no, republican,
New Jersey ; Lodge, republican, Mnsi-
aeliusctls; I.orimer, republican, Illi
nois; Money, deinoeral, Mississippi;
Oliver, republican, Ponuaylvunia;
Page, republican, Vermont; Penrose,
republican, Pennsylvania; Perry,
dcinocrnl, Mississippi; Hiehardson,
republican, Delaware; Boot, republi
can, Now York; Scolt, republican,
West Virginia; Smonl, republican,
Club; Taliaferro, democrat, Florid i;
Tillman, democrat, Snulh Carolina;
Warren, republican, Ohio.
Those Who Didn't Vote.
Senators Ablrieb, republican,
Rhode Island; Crawford, republican,
South Dakota; Fmaier, domocraj,
Tennessee, nuil Terrill, dtMUoernt,
Georgia, did mil vote.
The resolution curried tho Suther
land nmeuibnent, which was objec
tionable to (he southern mainline. It
was designed to givs congress direct
control of and supervision over elec
tions. Senator Macon introduced today a
resolution empowering ootigrts to
supervise elections of senators when
"states failed to do so." Vico Presi
dent Sherman ruled1 the resolution out
of order. Senator Crawford ex
plained thai his failure to catch a
street mr prevented his reaching the
senate in lime to vote on the resolu
tion. He said he would have sup
ported the measure. 1 1 arrived two
minute iit'V)i: the, ndl rail had been
completed. '
ABANDON HOP
EOF
OH DRY
IIOljJM, Idaho. Keb. 2 S. Prohibi
tionists today abandoned all linpo of
putting Idaho lu the prohibition col
umn at this legislative session follow
ing the failure of the measura lu tho
senate that would unva referred tug
prohibitionists' constitutional amend,
ment to tho people. The senate voted
ID for and 15 against while a two
jiuiiii iuw nuo uwniury,
8T. PBTimSlH'RO, Feb. 2S
While trybig to enforco nntl-plu.guo
precaution! aeveml Japanese woro
killed by Chinese UnUy in a plt bed
battle near Mukden.
SENATE REJECTS
R TO 33 AGAINST