Medford mail tribune. (Medford, Or.) 1909-1989, March 01, 1920, Page 1, Image 1

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    ebforb Mail Tribun
The Weather
Maximum yesterday !!
Minimum today ai
Predictions
1'ilir.
Dally Fourteenth Tu,
Porty-nlnth Year.
MEDFORD, ORKtiOX, MONDAY, MARCH 1, l!r'o.
NO. 21)0
STEEL T
D
J
M
RUST
I
DISSOLUTION
PROCEEDING
DISMISSED
Maioritv Ouinion Supreme Court De
clares Steel Trust Dissolution
Would Be Injury to Legitimate
Business Opinion Virtually Annuls
Sherman Act Declares Justice Day
In Minority Opinion Only 7 Jus
tices Participate.
WASHINGTON', Jlar. 1. The
prome court today uphold formation
of the United State Steel cornoration
and subsidiary combinations in the
iron ana steel Industry.
Refusing to dissolve tho socullod
"steel trmrt" tho court dismissed tho
federal government's Sherman law
suit tor dissolution.
'Affirming tho New Jersoy federal
court's dismissal of the government
prosecution, the supreme court de
clined to enjoin 'the restraint of trade
charged, and also denied an order to
break up tho super-combination, said
to be tho world's greatest industrial
organisation, with assets exceeding
2,UUU, 000,000.
Vn dismissing the federal suit, how
ever, the court ordered such dismis
sal "without prejudice" permitting
the government to sue again if the
corporation actually resorts to Illegal
wrongful or repressive practices.
In rendering the decision Justice
SleKenna said illicit slncolOlFno act
,iu violation . of daw can be charged
against the steel corporation and that
It was tho c'plnlon- of ithe court that
the practices . 'complained, of;: by the
government had been abandoned.
' Justices Pitney, Clark and Day dis
sented, . ,
' AVouId Disrupt lluslness .;,
'. Justice McKcnna said that to grant
the government's request for disrupt
ion of the corporation and restore
conditions in tho industry as they
were twenty yoars ago would bo im
practicable. It would disrupt busi
ness, the decision said and w eta Id not
bo in tho public intercsl.
Justice .McKonna said tho tobacco
and Standard Oil company cases ut
tered no analogy as they had been
guilty of certain objectionable prac
tices which the steel corporation had
not been.
In a dissenting opinion, Justice
Day said tho corporation violated the
law In Its formation and practices and
that thero ought to be a decree "as
tar as possible'" for Its dissolution
because of Its "open, notorious and
continual violation of the law."
Justice Day said tho majority opin
ion virtually annulled the Sherman
act.
. In deciding tho suit tho court an
nounced its 'decree thru Justice .Mc
Konna. Only seven Of the nine jus
tices participated, Justices lirandois
and McRcynolds taking no purt.
BULGARIA ESTABLISHES
HUltNE. Mar. 1. Usurers, black
mailers and profiteers are being pla- j
carded and marched In chains tnrn
tho streets of Bulgarian .cities, ac
cording to advices received here. This
exposure which recalls the medieval
pillory, is said to bo producing good
results.
AVERAGE OF $1.10
HUOD KIVEK. Ore. Mar. 1 The
Hood Hiver Apple Growers associa
tion to (lute, according to n bulletin
issued todav, has made total dis
tributions of $1.10 per box on all
varieties and entiles of apples not af
fected bv frost, which were sold the
past season. A total of 90 cents
tier box has been distributed on frost
ed fruits.
Net returns to the association on
the Principal pools that have been
closed no to the present time, arc r.s
follows;
HOOD RIVER APPLE GROWERS MAKE
ID RATIFY SUFFRAGE
WHEN HE V01E CAST
CIIAlil.KSTON, W. Vji., Jfur.
. Itiitificntion ul' t tie national v
' suffruge amendment was refused v
bv the West Virginia small' this
afternoon, the vote to ratify
''being I I to I I. When ii was an-
nounceil. Senator llarvev W.
v Manner, who proposed the reso-
lutiiin, changed his vote to no.
This was done, il wits stated, in
f order that he might move tor ro-
v consideration.
.
AGTIVE BANDIT
LEFT IN MEXICO
MUXICO CITV, iUiir. 1 Cirilu
Arenas, n rebel lea tier, lias lieen eap
tuml bv st'eret military police at
l'uel)la, aecdnlinir to an official tele-
irrain. Arenas was taken mto cmis
todv when he attempted to enter tho
city of 1'uebla after leaving the eulf
:oHt region. About a vear a
briirade of soldiers under eoinmaiid
of Arenas and protertinir ttic Inter
Occanie railway revolted after Are
nas received njurtro sum for the pay
ment of the troops.
Semi-official report announce the
capture oil iMarcelo Caruvo, in, tlii'
state Of.,TanudiiHis, p-miM' n
NowspnlH'rA here1 in'! ('ornniciitihir
upon' (hu capture of " Arenas and
Caravd, pohit out the progress mK
by the presentj admiiitstpitiun toward
"conndele pacification of tho coun
try," before the duly elections.-
Atnomr outlaws wlio'liavc Von put
to death or stain in battle duriuir I Ho
past year were Felipe1 Amreles, A are
liano lilaiuiuet. Francisco Alva res.
Jose Inez Chavez Garcia and Kmiliano
Zapata. Amonir tliose. captured were
Guadenico de la. Uave and Luis Cu
ba Hero, while Giiillcrinol lMeivncriro
is said to be. ncirotiutiiur with fctleral
officials preparatory to snrremlcrinir.
The aplure oti more than a score
of outlaws throughout the country
also occurred during the vear. This
leaves only Francisco Villa, who is
operating with a small force in a cir
cumscribed district in the north ami
Manuel I'elaez and Felix Diaz, who
are virtually powerless in the null:
toast ruirion. v
FAIL COMPLETELY
iPAiXAMA, Sunday. Feb. 2) Lead
ers of striking canal zone- mainten
ance oC way workers tonight accepted
tho offer of mediation made by An
drew Percy Bennett, British minister
to Panama and the men are expected
to return to work tomorrow.
A committee of American workmen
will cc'nfer with tho governor tomor
row and request, that American citi
zens replace aliens in the Panama
canal service. Pending arbitration
tho men who participated in ttre
walkout must accept a rating next be
low that held at the beginning of the
trouble.
PER BOX IN 1919
Winter bananas, large sizes, re
spectively as follows for the three
crudes, :!.8l. 12.4."i and .'-'. lo: me
dium si7.es. r-'..-.5. '-'.-'0 "d l.n.5:
small sizes, $-.04, $1.74, mid 1 -;" -
Kings, large sizes. &. an.f W.IO:
medium sizes. .'2.4!) iiml $1.!I'J and
small sizes. tl.'J'.l and -1.0 1.
(iravenstcins. large size. $2. 09
and .J.lfl: medium frizes, J.4!t and
1.!!I and small sizes .'JJ 1 and .l.(i4.
Tear prices follow: l.arL-c size
d'Anious. :i.'J!) and $J.78: Hose,
large sizes, .4.27 and :i.04: Winter
Xellis, laree sizes, 'J.j0 and J'-'.O'J.
.s. y aw
WILL II
N ANARCHY
Rhode Island, in Anti-Prohibition
Brief Declares 18th Amendment
Means End of Liberty in America
If Conqress Can Dictate on Drink
Can Dictate on Evervthinti Means
Oppression, Anarchy and Constitu
tional Revolution in America.
WASIIIXOTON, liar. 1. The
eighteenth amendment "is a direct
invasion of jurisdiction and powers of
the state and tho rights of its people"
the state of Khodo Island declares in
its brief filed in the United States
supremo court today in reply to the
government's motion for the dismis
sal of its action to obtain injunctive
relief from tho amendment.
Thu brief, filed by Attorney Cen
eral Herbert A. Itico of Rhode Island,
asserts that the government's view
that the amendment is unassailable,
"can caly lead to anarchy and op
pression." It contends it is the court's duty to
keep congress in its amendments to
the constitution "within the scope
and jurisdiction of federal authority
and maintain that line of jurisdiction
betwoon federal and state powers,"
which has "for so many years Insured
the harmonious operatic of our dual
system of government ordained and
established as' perpetual'- nHi 1 ;t'
" Thef'-the'ory1 'of the' govorniieh't,'"'t's
so subversive of ftintlu'niohtuY'prlnci
ples that its acceptance voitltl 'bring
about a " constitutional "revolution,"
continues tile brief. "
',. Kntlanir J.lbf-riy
"it would convort tho sovereignty
of the people; Into u. sovereignty of
officials. It would -.endanger civil
lilerty and those Innumerable rights
thut have been Inherited from tho
common law since the tinio of magna
charta. Under its application the
boundary between federal and state
authority could bo shifted at will. In
lact, all power might bo uhsurbed by
tho federal government."
The brief dec I urea that article five
of the constitution relating to amend
ments only provides for tho "correc
tion of errors committed in fruming
tho constitution."
Revolutionary Proceeding
. The proposal of the eighteenth
amendment "to1 tho states" tho brief
asserts, Is unconstitutional "and Is tt
revolutionary proceeding." Hereto
fore, it doehires, congress has pro
posed amendments "to the legisla
tures of tho several states."
"The dlfforent course which was
pursued in this instance was adopted
understanding!)' and with a purpose"
continues the brief. "it was neces
sary to depart from the practice
which had always heretofore obtain
ed, in order to cany out the new
constitutional doctrlno that tho word
amendment in urtlclo five includes
proposals covering the wholo field of
absolute sovereignty. In tho proposal
of the socalied amendment, neither a
pc-'wer nor a subject matter within
the scope of tho federal constitution
was dealt with, on the contrary, the
power involved resided in the sover
eign people of tho respective Btates
and in them exclusively. II was nec
essary thereforo, in order to obtain a
surrender of such power, to propose
the socullud omcndinent to those who
possessed It.
.'empress as IHrlalor
"Itocognlzlng the necessity, con
gress made tho proposul of the so
called amendment to the respective
states, that Is, to the sovereign peo
plo of tho respective states.
"The cntlro procceduro Is revolu
tionary and without constitutional
sanctic'n.
"It surpasses all understanding
that congress while submitting the
proposals 'to the slates' declares that
their legislatures shall bind them.
When, pray, did congress become the
dictator over the sovereign people of
a state with respect to their sovereign
powers? Sovereignty resides in the
people and they alone may express
sovereign will."
5 Deaths, Flu. Portland.
roliTI.ANO. Ore. Mar. 1. Kive
deaths from influenza (and fifteen
new eases werp reported bv the citv
health bureau for the '24 hours end
ing at noon today.
Senator Bankhead
Influenza Victim
V.SH...(;T0X, .Mar. 1. Senator
John II. Itunkhrad of Alalmina, dint
hero today after an illness of several
weeks from jirip. This is (lie seeond
death hi the nuiks of democratic sen
ators in tho past yenr.
L
WASHINGTON'. Mr. 1. -The su
preme court in an opinion today held
the New York stale income tax act
of 1!IH to be uneoiHlitutioiial. inso
far as it denies exemptions to citizens
of other states, which re uranted
to its own citizens.
In dcclurinir the act invalid the
lower court held tiiat U eont'licted
with article four and the foiirieenlh
amendment to the federal constitu
tion. .WASHINGTON. M!ar. l.In 'in-te-ri-reljiur
the Sherman anti-trust' net
.today the supreme court reversed
federal court decrees which held that
the statute did not prohibit: re-snle
price;, fi.iur unless there was inten
tion of creatine a momipolv. '
I
1,0X1 MIX. Mar. 1. It is aiitbori
talivclv learned that an unsuccessful
attempt has been made to assassi
nate l.ord Acton, the Hritish minis
ter to Kinland at I Iclsinsjfors.
Lord Acton, who formerly was
I5ritis.li consul irciicrnl at Zurich, was
appointed minister to' Kinland Sep
tember 'J. lust, lie beiran his career
in Hie foreiirn ol'liee in 1H84.
.Ureal Britain rccocnized the inde
pendence of Kinland Mav (I of lust
vear. Similar action was taken bv
the I'nitecl Stales Mav 7.
market place in Hie carlv niunii:-u
when shots were fired at liini. bill !ic
"as not struck. No arrests have been
made. The motive for the attack lias
not been learned.
ARSENATE LEAD SPRAY
KILLS H. RIVER BEES
11(11 II) HIVKK. (Ire.. M'ar. 1 Hood
lliver orchurdists are expressinir the
fear that pollcnizntion at the coining
blossomimr period will be poor as a
result of the loss of a lanre per
centage of the district's bees, (.row
ers stale that lack of care in appli
cation of arsenate of lead spravs Iris
caused the death of f0 per cent of
the bees.
ELIS RUSH SEASON WITH
PRACTICE FOOTBALL
NIAV IIAVKX. Com At,..- 1
Kiidiiiietitiirv i'oolhall practice beirins
at nr. todav. (he earliest date for
this sport in the records of the col
lege. The sipiad oUciiditv or more
will work in Hie L'vmnasiiuii. Men
will drop out to Lro into spring sports.
The full practice is lo beu'in Septem
ber HI.
Klcc lrir- service in lieno, Nov., ,
lisruptcd tcmporaiilv vcstcnlav when
a L'iant Aiiicricini eiiL'le flew into a
'2.",000 volt transiiiission wire, break
ing it. NotliiiiL' but a lew feathers
f the eai'le were found.
Dr. Charles K. linker, dci ,.l.-.l tv.i-
bravcrv in the Rorlil war. was ar
rested in San Kriinciseo last niaht
'hnrtred with passinc worthless
checks nmountin? to more than $10,
0UU on local merchants,
IMPORTANT
CHANGES
EAST ROADS
R. H. Aishton. Formerly President
and S. G. Strickland. General
Manatier, of Northwestern Are
Ousted bv Directors Pennsylvania
System Divided Into 6 Groups No
Excitement Marks Cliantie From
Government to Private Ownership.
('IIICA(II). Mar. 1. Several im
portant changes marked the return
of railroads centering in CIhcul'o to
private stock control. The IVnnsvl
vunin svstciu is reorganized in four
reuiotis. instead of two, and Vie1
I'resident .1. .1. lioeers lodav look
charge of Ibe Ntu-thwestcrn ri'iiion,
with Iteailiiiuirlers lire.
h. II. Aishton, ftn-merlv iircsidetd
o' tlu: (.'hieiiuo and Nor! hweslern.
weslcrn reuionid director, formerly in
direct control, passed mil of' the
railroad world to be succeeded bv
Wilfuin II. f'inlcv. S. (!. Ntrirkl 1.
formerlv general manaircr, and fede
ral mamiucr of the road under Aish
ton, also was ousted bv Hie directors.
In the maioritv of railroad offices
no changes in personnel marked the
transition.
WASHINGTON, .Mar. 1 Tho Unit
ed States railroad administration, tho
Koverumental iiKcncy which for- more
than two yonr.Si .him. conti'olloil' i,tlie
operaliitK division; of the Uj S, mil
toad. aiiniiulsLnuion, , loilay ..passed
out of existence. With ita imsmiiK al
midnijiht, the H : ! 1 1 lines that had been
merged intt' what was virtually one
KiKautic system again went under
control of private 'interests, free to
oporuto in competition as of old. The
transfer was without incident.
Of the staff of directors and execu
tives who 'cVmtrollcd the roads during
KOveramcnt operation, Director Gen
eral Hlnos alUie remains. I lo re
mains simply to clear up matters left
pending when tho government rolin
(juished control. These incltido thou
sands of claims, contracts, and grlv
ances yet lo be settled and among
which aru eighty-three compensation
contracts with various roads which
still are tho subject of negotiations.
Compulsory Arbitration
Under tho stAialled . railroad reor
ganization bill which governed the
return of tho transportation systems
to private ownership, but little juris
diction Is retained by tho govern
ment. .Under lis terms the interstate
commerce commission is given greut
er power to 'control rates and com
pulsory arbitration of labr dlsputus
Is required. The go'vernment alsu re
tains a certuln amount of control over
their bond Issues but at the same
time Insures a fixed percentage of.
profit and makes It possiblo for the
corporations to sectiro loans from a
tedcral fund set aside for that pur
pose. Specifically, tho hill authorizes tho
president lo settle all iiuestlOns, in
cluding compensation and appropri
ate $0(1, IMM), lino for this purpose.
Provides guarantee of "standard
return" to carriers for a period of
six months after tho termination of
federal control.
Creates Kcvolvii.fr Kami
Creates a "revolving fund" of
t:iun, unit, oon fi r making new loans
to carriers.
Creates a labor board and other
machinery for tho amicahlu settle
ment of disputes between employers
and employes.
Directs the Interslato commerce
commission lo fix rates Unit will pro
vide for two years .1 Vi per cent re
turns to thu railroads on tho valilo
of I ho aggregate railroad property
devoted Jo tho public use.
Provides that If any carrier earns
in any year a net operating Income
in excess of six per cent one half of
such excess must be placed In a re
serve fund anil thu other half must
bo paid Into a general contingent
fund, to be used to make loans lo
carriers.
Increase I. C. C.
(Jives lo tho Interstate commerce
commission the power to regulato tho
Issue of railroad securities.
Increases the Interstate commerce
commission from nine to eleven mem
bers and their sularies frol 10,000
to $12,000.
Whether union labor leaders, who
stubbornly opposed the measure In
(Continued, vn race Six)
W. G-jS'ADOO BOOM IS
I'Oli'fl.ANl), Ore, Sf.Jr,
Announcement was made to.i4
bv Newton Mel'ov. a deniucir.tic
leader of Portland, that he bus
opened presidential eauipuiuu
h'cadoiiiil'IcrM here for William
(libbs McAcloo uud Unit petitions
to put I he inline of Ibe former
seerclarv of the Ircnsiirv on the
ballot as a candidate for Hie
democratic presidential noimun
lion in Oremin will be put into
circulation imtiiediatelv.
U. S. EXPEDITION
XOHAU'IS. Ariz., Mai'. 1. Willi
tho death here early today (if .1. A.
Kraser, American storekeeper of
Ruby postofflcn, thirty miles fn.ui
here, the death toll as a. result of tt
raid by Mexican bundits on Kruser's
general storo Friday was increased to
two. Aluxander Krasor, .1. A. Kraser's
brother uud business partner, died
. riday shortly after tho attuck.
Sheriff U. ft. liaiharl, who with a
POsho and bloodhounds, crossed tho
International border in search of tho
bandits gave' tip tlioicliase; yesterday
and returned to lluby i camp last
nlftUU , Troop A oCtlie Tonth cavalry,
(I, negro regiment, scoured tho coun
try, urouud .lluby yesterday. , ....is :
. Colonel 1C. ii. Carnahan, conimlind
lug officer of thef.NogaloH military
district declared today ho was con
vinced the -Mexican lullllury -authorities
In Sonera wore, doing their ut
most to' approhend tho culprits. .
.Colonel Carnahan added bo did not
beliovo there would be any punitive
expedition Into Moxlco as the result
of tho attack on the Kraser brothers.
F
l'OKTI.AND. Ore, Mar. 1. The
body of l.eon Weincr. who bail been
missinir since lasl Kiidnv was taken
Irom Ilie Willamette river here last
niuhl. Weincr who was 'Jti years old,
was lasl seen on hoard a harbor
limine where be was employed. Of
ficers who hive-dimiti'd the eilsc said
the circumstances pointed to acci
dental drowning.
JAPAN GIVES UP
TOKIO. Kridav The i crial
prince will leave for Krancc in April
for a course of sludv al the military
school ul St. Cvr. This will occupy
two years, lie will be accompanied
lo Km nee bv Ma jor I iirnshikiuii.
Madame Sliidehara. with her two
sons, will also leave Julian in April
to join M. Sliidehara. Japanese am
bassador at Washington.
OF TREATY
WASHINGTON, Mar. I. An carlv
and unfavorable vole 011 ratification
of the peace treaty was forecast in
the scniile todav when republican
leaders, rcplving 'to the demands of
the treaty's irreconcilable republican
opponents, re -it I' firmed their decision
not to aceept anv change ot sub
stance or of language in the republi
can reservation to article ten.
Both sides concede that enough
democratic senators to defeat rati
I. W.W. ATT'Y
CENSURED
BY COURT
J mine Montesano Trial Threatens
Court Punishment for Vanderveer
If Methods Are Continued Jury
Dismissed While Barrister for Reds
Is Given Severe Rcyrimand More
Defendants Maintain Hall Attacked
Before Shootinq.
MOXTK.SAXO. Mar. 1. Toward
ih,. ..I., si. ul' the inoriiinc: session when
O. K. Khiinl. one of the defendants.
was on the stand one ot the detense
counsel again attempted to introduce
evidence of nlleecd threats toward
Hie I. W. W. hall without showinu a
definite connection btcween Ihc nl
i..r.i iln-nis mi. I Ci-imm. and court
sustained an objection to the ciues-
Iiiiii, ilisiiussmir the pirv and reuuli
iiic: Yiindcrvoer lo such an extent us
to threaten court; punishment, it ti
repetition were nllempted.
"I have ruled on this iiuestion seve
ral times before." said the iudirc. "I
have asked von to desist in this lino
:if oucstioninir. The next time von
...Mlii.lsj. tlin eniirt's decision Vol! will
sufu'i' the penaltv. I do not euro
what viui sav in niv chambers, lo me.
but this cojut shall have the respect
il is entitled to receive and I insist
that vou show Jhat respect. I urn
not sninir to ullow vpu to discuss this
nucstion-'pro ahd coti'"' indofinilelv.
You must, first show' Uti idcccltHMl
wait n-pnrtv to-tin v allmrcd' 1T rnmSi
ed nlot. or eonspirnevi"! J'" J1
ii' "I Soldiers ArrucKcd Hint '""
ai)t. succeeded Shcehairon the 'Wiiucqs
i i....i:i-..:.... i l;l... I.11.H1 'iitii)
stami. iesui.iiii; in , " 1" ,
Unit he biid not "u'sked. 'fur citizen
sliil) luipcrs.- lie joined (Ko I.,Wf.Y
ml II I (I. he said lie had heard con
siderable discussion of nil iilleirodt
eonleniplaled iilan to raid the I. W.
W. hull in Ccnlralia, he said. 1 lo had
never heard of plans for pliteinif men.
in stratcL'ie positions to defend the
hull, he testified. The revolver Mc
Inerncv had on the dav of tho shoot
i itr was given to him bv Loren Rob
erts, one of the defendants. Mclncrnev
Icslified. He did not shout ut any
lime, however, he said.
"I li.,i.l u.tini.linitv cnihliiand. T
don't know who. and then the march
ers rushed lor the ball, he sum. "AH
the windows were smashed , and tho
shiiotin.' slurlcil when tllUV , WolC
smashing in Ibe door." ,. , ,
.Sbcclian Takes Stand
H'ONT KSANO, Wash., Mar. 1.
Mike Sliccliau. one of ten illlegcd I.
W. W. on trial here for the murder
for Warren O. tlriumi. C'ontrulia,
Armistice dav parade victim, look thu
witness stand in his own behalf when
the sixth week of the trial opened to
duv. Sheeluiii, U(l vears old, 11 native
of Ireland, hut not a eitizell of tho
I'niled Slates, testified that ho did
not participate in the shoolimr OH
November -1 1, lust.
Shechan said he went to Centraliu
the niuht before the shoolinir, intend
in:; to go lo Tncomn on tho night of
the eleventh for the purpose of hoar
imr Kiiiuoun DeValern, Irish lender,
speak, lie went to the I. W. W. hull,
he said, on the night of tho tenth,
and was there also 011 the elevctitb.
No Knowledge Itald
Shechau had 110 knowledge of nu
alleged contemplated raid on the hall,
he testified, lie said ho did Hot hear
Ibe mutter mentioned during the time
(Continued tm Page Six)
WILL BE IMPOSSIBLE
fication are determined lo slnml with
President Wilson and vote against he
.treaty unless'article ten (lualil'ication
is modified. The republican decision
todav w'us followed bv evidences that
all the elements in the senate fight
would co-onernle to end debate and
let the treaty issue go undecided into
the campaign.
Some of the leaders predicted tt
final vole bv Thursday, but others
thought it would not come before the
first of next week.