Daily capital journal. (Salem, Or.) 1903-1919, November 10, 1908, FIRST EDITION 3 P. M., Image 1

Daily capital journal., November 10, 1908, FIRST EDITION 3 P. M., Image 1

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Newspaper Page Text'm$rf r$ -TifR' -rWSW 1 "TS T -" TJ SV FIRST JMJHNII 3'Pl; t ' v,e-j. i , ft ' K S -Vf , -, HVf( ,, " ? -nf- t. . wm i q m 4 J &Skrf (tjRX V rob. xvm 8ALKM, ORWGON TUESDAY, NOVEMBER io, l&ttH. NO. St. rfn jLm j 4jr -- . . ; v ,.m ' . ' t ' v ssw w p .r BsBBBBBSasBRnnW- ni Jhr flqjfa ifflrial Hounuil HIHf'EjR-JU-KJ.uEH ssflsLnsB ff tpiPIIQ ijflj Kll f pm"?, . , ' . . . :: TANDARDOIL FINE CASE MUST BE RETRIED 4 ECORD CROWD GREETS S. P. DEMONSTRATION TRAIN AT SALEM CNIAL OF REHEARING BLOW TO INTERSTATE COMMERCE MEASURE iPPCR COURT AGAIN WCIBES FOR ROCKEFELLER INTERESTS (United Press Leased Wire.) Chicago, Nov. 10. Tho Unltort (M court of appeals nere toaay tlti a re-hearing in th case oi Mvemmcnt against the standard jj! capny, in wMek the One of J 9,3 1 0,0 00 was aseesaca uy juagc iBdlf. The denial Is another defeat for eorernmont In the famcu3 ens. . . i . ii i. according to me counsel lur isu nwrament. Is n hard blow for tho Bttratato commerco act. Tho decision was rendered by dies Gromctin. Daker and Sou- n and sustains the. former ruling jtaandlnj; tho case to the United kate district court for re-trial. It ! belloved that Attovney-aon- Jul Bonaparte will take the caao bo m the supreme coHrt of the United oa a writ of certiorari. i Thhrw he second time the alted Statoi circuit court of an il had acted In thin case. Tho was originally taken to tho ap- elate court by tho Standard Oil owpany nftci Judge K. M. LandlB the district court had fined tho oispany $29,240,000. following a trial replete with sensations. A Jury In Judge LandlB court had und tho standard Oil company Jlttr of ncccptliiR rebates from tho Chicago and Alton railroad. The Ml eompany had boon Indicted by o special federal grand Juries on i.ux counts, charging violations or Elklns' nntl-trnst law which rohlblta tho KrantlnK or acceptance Df rebates on oil or other products. roe trial bogan March A, 1907 ana Mtod six weekn. United States DIb- Met Attomoy Slma represented the pTernraent and Attorney John B. Wilier, Morltz Rosenthal. Virgil P. Mm, a. D Eddy and H. W. Mar- iro appeared for the Standard com- The sneclflf Inrtlcttnfenta unnn Men the I'nlted States authorities m to make their flght number Ml and charged the acceptance of siM aggregating $223,000 from Chicago nnd Alton railroad on Mfitnts of oil from Whltlnic Ind . Eat St Lou l. Ilia The trial ended In n vnrdlrt nt l"IJly on each Inirfnien' -nd on -h tuuui in en.n infur.i,H'ar. tab wmum flno n S29.24B.000 w th nrovtslon nt it could be loss Mllld It lin hnwn Hint thn 9Ham. W. 'P'l company of Indiana, a $1,- vlVuv "O'DO-nMnn. wan not aub Isry t ha Rtnn.lni-il nil Minnaiiv M New 4v. sev After conviction, and lefore he froaounced sentence, Judge Landls -..n a curioMty to have thla "i nomi cienred m and be HHb Jeaan Tnhn n. nockefeller aad r Pn-lrrt Oil llehta tn taatltv Ff8"1' ronneftlon between ea ''nn and N lAnov nnrnnra. 1 Alltrunt 3 10(11 IhiIm MMI. ''.e.i u,e o'l' comoaVr the C ' '' 82iJ 240,000 In an onln- TO "S the company unmerciful- The Rtandar.l nn rto im weiy ook the case to the United "W64 i-onrt r,f anneali on a wrl nf Syi" ' "7"""i that the trial court IkV0. ahou,,1 be reckoned by SOUTHERN PACIFIC FARMER'S 6ET A HEARTY WELCOME AMERICA'S GREATEST WARSH opinion, rdfwrlag to Judge Laudls' decision said: "No monarch, no parliament, no tribunal of western Europo, for cen turies has professed to havo tlu rlghtto punish oxcopt after duo trlnl undor all tho forms of ho law. Can that rightfully be dono hero, on no other baBls that the Judgo's person al belief, that the party marked by him ror punishment deserves pun ishment? If to, It Is bocauso the man who happens to be judge Is above tho law." On August 14 last, District Attor ney Sims filed a petition for rehear ing of tho case before the appellate court, alleging that tho circuit court hnd misunderstood and misquoted the ruling of the trial Judge and al leging further that the circuit court's ruling, if sustained, would make of the Interstate -commerce-act, "a mere wlll-o-the-wlsp of legisla tion, u phantom statute." Today's ruling was on this petition. NORTH DAKOTA IS LAUMMD COOPERS TO WAIVE HEARING EXCITEMENT ' IN GERMAN REICHSTAG CARMAC SLAYERS KAISER ATTACKED kh.. ., .r !,IOPr or shipments; that Kit L- 'ourt hatl red in ruling aq.-r- oi me 3W Is BOt 8H m Mwb-r of carlwd lots and aot rJ. . .n her of shlnmenta: that erred in ruling nA Inw Id Bnf an hZJr, lyy? oi it hh4 that i.,1 uH had aswseed an ex- ffSidr. rpirin7 te8,,rOBy after LT. . 'ad r"t,"'ned awerdlct. S! ? ls opinion Voh IK ..r7 ; :'t," "vexing the .I" ' ' Iiri IifriHT rAnifblkU iaJnloa dnnn'ii4 Jnd? i r'nr l?rm 0'r I aIi T?"r mbmmK 41m " maav ,J u.-. a " mm , TI kl. tra. it )WwHf SOIIWAIl WOULD POOL HIIIP-DUILDIKG 1NTKRKSTS San Franclscb, Nov. 10. The fail ure of Glmrled M. Schwab of tho steel truBt, to visit his properties In Nevada, coming directly to San Francisco lnBtoad, has set afloat the rumor today that ho litis doflnlto plana for tho formation of a great non-conipotltlvo association of ship building tlrmu of tho Pacific coast. Schwab, who has acquired tho controlof tho Union Iron work, com plained whoa ho was in this city bo foro that tho Union Iron works lost money on nearly all of Its contracts bccnuBO of striKcs and labor condi tions. It Is bolloved that, falling to bring about a combine, Schwab may endeavor topudsuado his com potltorR to agree to a pooling of In terests undn division of tho business so that all can mako profits. Schwab arrived In this city last night, and today visited tho Union Iron works on a tour oflnspectlon. During his visit he declared that he will spond sovoral million dollars In improving the plant and placing It in a posltldn to do work equal In quality and amount to that turned out 4jy any ship yard 1 nthe world. Whllo declining to express a defi nite opinion on tho osslblllty of a greater colnrgomont of tho navy and tho construction of moro bnttltf yard would be placed In position to take advnntngo or any Incroaso in prosperity and would tako Ita Bhare of tho work. Tho Southorn Pacific demonstra te ntrnln pulled Into the city at 11:15. Tho prlavte car of Supl. Fields was loft at Albany, s'x cars mnklng up tho train, three baggage acrs, a slceporf, a day coach, and a stock car. Tho altier carried a cottplo of fine dairy cqws. One of tho cars was dovoted to demonstra tions In tho sclonco of agronomy, the t03tlng and handling of boIIs, farm crops, etc. The horticultural car showed spraying machinery, an.l sprayed and unsprayed fruits. The dairy car showed all kinds of daily machinery, milk tests, gasoline en gines, etc. Thoie was tho record crowd at Salem. The turnout at Jefferson thh morning was good. But here the crowd nnmbored thou sands and was a splendid tribute to the enterprise of the people of Sa lem. HcIkkiIn Tiirnetl Out. Tho public nchools turned out and mnrchod in columns giving their school yells and tho children poured through tho cars and made notes on everything. All Salont fchools art? BEFORE JURY MAdNATK UNITE TO GET ALL OALIFOHN1A l'OWKU San Francisco Cal Nov. 10. The announcement that tho Southorn Pacific Railroad company is to ob tain powor for tho electrification of Its suburban roads from tho great Western Power company has led to a sorlesor rumors today that Horrl man with the Rockefeller Interests is righting for tho absolute control of all tho power Interests In thjs state. The Great Western Power com pany Is a Gould corporation and the announcement that It will 'furnish power for Harrlman's linos Indi cates that Golld had to imtko more concessions for his peace with Har rlman than It was though that he had made. The- Standard Oil company and Ilarriman now control every olec trlc power proposition In California with tho exception of tho Northern Electric & Hotallng roads. These are believed to be owned by lull who would like a footing on San FraHchjeo bay and whols believed to be back of several new roads oa tk eeast. '(United Press Leased Wire.) Qulncy, Mass., Nev. 10. The' North Dakota, America's greatest batleshlp, tho first ship of the Dread naaght typo to Jbe constructed la the United States was launched teday at the yards of Jthe Fere River Ship Building company before a eempany of dlstlngulshe dmen and women. MIsb Mary Benton of Fargo, North Dakota, who had been chosen by Governor John Burke to officially christen the battleship, broko a bot tle of champagne across her bowa and tho great ship slid down the ways amid the cherrlng of a groat throng of people who had come from Boston and neighboring eltlea to wit ness the launching, Tho crowd Included Governor Burke and hla staff and a delega tion of nacy e4cH and representa tives of thd state of Bassachusetts and the city of Qulncy. Tlxe North Dakota Is now 00 per cent finished. All American rocords for battleship construction have been broken In tho building of tho North Dakotn. 'All Indications point to SOME IMPORTANT EVENTS Ex-Sonator Edward Carmack of Tennessee, was shot and k'lllod yes terday at Nashville by Robin Cooper, a eon of Colonel Duncan B. Cooper, who had been sovoroly consurod In tho Tonnessean, Car mnck's nowspapor, By tho prompt work of an agent at Duncan, Mont., In smashing a swltchlock and side-tracking two runaway Prullntan coaches, a torrlblo accldont wos averted, as the cars a short distance away would havo crashed Into the North Coast Limited train. Tho Soattle school nuthorjtloa sont 717 pupils home becattso thoy wore not vaccinated. . . . It Is said flnanclnl Intoresti will Insist 4bat Secrqtary of tho Treas ury bo retained Irr-tho cablnot. Falling in her offprts to oxtort J20.000 from ' Mrs. Lawronco Phlpps, divorced wife of a Pittsburg millionaire, an unknown Tvom an throw several sticks of dynamite, Intended for Mrs, Phlpps, at the detectives who nrro3ted her, Tho supremo court has decided rtntea havo tho right to pass lows preventing tho co-education of whites and negroes. TNSMK7 8Ut4MHet. WI.M.XW, Nev. It. TfrAay's tnastri .srt : moiolpto- l,421.f9. PtotmriMits. $1,7M. carrying tho course In agriculture onrl llinrn Io u-rfnf ftnthlislasm. WhOH the train pulled In to the depot all tho steam whistles in tne ctiy jomuu In chorus. Headod by Dr. James Wlthy combe, director of tho Oregon Ex periment Station, the professors who aro In charge of tho exhibits and who conduct tho various demonstra tions are; ProfoBsor F. A Ewlng, entomologist; Professor C. A Cole, horticulturist; Processor II. D. Scud der, agronomist; Professor F. L. Kent, dairy husbandry; Professor R. W. Allen, assistant horticulturist and Harry Asbahr, norsoman. Up at JelTersmi, Jefferson, the home of tho prize Jersey Clara, who Is an honored guest aboard the train, t-arned out about 50 Opeople. The school chil dren marched In columns, and to the beating of drums took their nrat lesson In practical farming on tho rail. There was great enthusiasm over the work dono by the different membere of the faculty. 1 FKIIIir BOAT DRIFTS HELPLESS ON BAY San Francisco. Nov. 10 The fer ry boat Bay City of the Southern Pacific railway Is out of commis sion today after a narrow escape from destruqtion on the shore of Yorba Buona Island last night. Tho vessel has a broken propellor shaft and will not be lu service for sev eral day. The Bay City left her Blip last alght to tie hb the Oakland sle of tho bay. She reached tho vicin ity of Yorba Banna Island when the shaft snapped, and the craft becawio helpless. The boat began to drift with the tide. For t h aat el y there were bo passes Mrs aboard and the bay was swooih. A deekhJiB pt off In robo't fr the gMttbsrB Fseiftc Her aad the ferry beat IHdsBt was seat to Ik f of her hlptss sister craft, her completion before tho three-year time limit allowed by the act under which the money for her construc tion was appropriated. The keel of tho big vessel was laid December 16th last and by Oc to per 1st the ship was 54 per cent finished. Her builders hope to havo her finished within two years after tho keel was first laid. The North Dakota la 510 feet long at the water lino and 518 feet Ions ovor all. Her breadth is 5 feet 3 Inches and her trail draft to the bottom of hor keel is 27 feet. Her displacement Is 20,000 tons and she will be propelled by turbine engines. The North Dakota will havo ton 12-inch gHB arranged In five tur rets, two In each turret. With a system ef fire control, the guns can be concentrated with deadly effect oa an eemy. The Delaware, a sister ship to tho North Dakota, Is In process of build ing at Newport News, Va,, and thor has been a race between the two ship building firms.'' PORTLAND BOOSTERS AT ALBANY TODAY The Portland delegation for Al bany today to visit the Apple Fair and witness the dedication of the new pas'CBger station of tho 8. V. Co. numbered 125 men and 25 ladles. Sstem will be able to do better than that Thursday, and If present plans are' carried out will sead at least two hundred. But every one will Wave to get la aad boost to beat Portland. . Atito Kills MtaNrr. St. Tgeuls, 'ov. 10. Th Ray. Osvl Thomson, editor f the Korth rtstern Christian Aiveeats I CW ngo. died M4y at St; Lke n p(l from lnris rssslvsd last nljrkt. Dr TImhmss vm ram down br an aVoWU 4Hv ty yrtvatk WMte. i (UBlted Press Leased Wire.) Nashville. Tolin., Nov. 10. A HP clal session of tho grand jury has ben called for ttnorrow to consider the cases of Cotonel DuncHii U. Coop er and- hta son, Robin Cooper, who ahot down and killed former United States Senator Edward Ward Car mack on the street lato yesterday and It Is expected tlv.it sonsntlonal toetlnmony will be addducnl. It Is understood thut colonel Coopor anl his son wlh waive pre liminary examination at tho Louring this afternoon and thai tho case will ko directly to tho araml Jury. Though Colonel Cooper dll not lire a shot, but stood by, revolver m iihiio, whllo Robin klllud Cnrmack, the fa ther and son are charged jointly with the 'killing. Governor Pnttewou. n wurm friend of Colonel Cooper, lastied a statoment today tendliiK l defend Coopor. It w.ih on account or edi torials written by Carmack bused upon the relnttdnBhtp of Colonel Coopor, the aovornor and othnr po litical, londorr. that tho troublo be twoon Coopor .tr.d' Cnrnmck arose. Tho governo says tluu ho wuk in convocation with Coopor yesterday a short time before tha shooting and that Cooper tfnvs no liulnuitlou that ho oxpocted troublo wuu Carmack Ho uuya that Cooper did ovorythln in his power (o aver n tmnedy. It Is said, howovor, that v.ltneif.os will bo proluwod to testify In nn o.tort to show that the killing vus premeditated. It is reported that one witnesa wilt testify tlint Colonel Cooper's daughter telephoned to him yestorday, saying that hor fa thor had gone to kill Carmack and asking that he bo found and dis armed. Tho wholo statu Is wrought up by the affair, as the fight for itu nom ination for governor In which Pat terson defeated CarinncU. wits' ex tremely bitter and Involved nearly every citizen on ono wu rr tho other. The main Issuo was tho liquor question, state wide prohibition li.iv lag boon fovorel by Carmaclc, Mrs. Charles II, Eastman, of this city to whom former Senator W. Carmack was speaking just before be was killed yesterday by Robin Cooper, blames herself for the dath 'of Carmack. "I wish 1 had boon anywheer else In the world," she said today. ''It I bad not been there. Senator Cai maek would hays had a ehsaee for his life. If I had not been talking to him, he would not have been tak en by surprise aHd could have fought for hbj life." Mrs. MastmaB called the killing a dastarly murder. It Is said this af ternoon that Caraaack's friends will attempt to show that tho Coopers lay la wait for the former senator Harry A. Folk, s, wltBess, said that he saw Robla Cooper standing at the corner talkiatc to two men aid that as he roMBdsd the eorssr he hsard the shots aHd ran back to the scene, NOTORIOUS DbWPMKAIH) WOKOTKD AT TAST flJnlto' Presn leased Wire.) Butte. Nov. 10. "Paddy" Bul gers, the last member of a notorious gang of desfsradoss that tsrrolied Butte and vlclslty for years and who killed three of his victims durln his career, figured In pcores of dar ing hould-np and escaned Irom Jail three times, it In jail hare today after one of the fiercest batt'es ho vr fought with his cbrtlms. II wni worsted when he, with a eoMpaafoR, held hp a dragsters here last night. BR f OUT YOUNO 8ALKM LAWYKK OOJW TO KOflHBURd Ossrjjs Kswr, Jr., left today for Kssshury trhr hs will taks a ) la ths law Htm of Cosfetw k Rtoo whn Hav sHt ths hmt ptsstis ftst strI OrsooN, Mr. MsqMr H a MMsiA of wmmi law shl. awl mm bhmn as) of Om briht ami' ftttlr y MM adssltMM to ttt ON ALL SIDES (Usltss TttM Ummi VtW, Berlin, Nov. 10. Demanding that Chancellor Von Buslow Introduce m bill limiting the Kaiser's psrsMMtl power aad reciting a long list what he termed Indiscretion on ths part of the emperor, Ilerr Wss man, leader of the National IhVsrssVl, today made a sensational aUMk the monarch of Germany durlfc a sitting of the Reichstag. He de clared that reactionary fores wsr at work In the German empire that made the country mors benighted la many ways .than Turkey and Kussl. Whnh Wssedrnvan had ftnlahW. llarr Wnlinnr fnllowsd with a bSTttk criticism of the emperor and Paul ginger, leader or ins socialists jh lowed htm with an attek 1b similar There was the wildest wcltse4t when the speakers dsnennssd fWl helm aHd the Reichstag applauds! again and again. The government! ministers regard the situation as critical, and fear hat a ministerial government similar to that of Mng- land will follow the agitation aroused In the German parliament. When tne ueisnsiag rssumso us sitings this morning there was an fclr of Intense excitement because reports that Chancellor von -mis-tnus wnnlil li ra11s4 unnn to ntakft. an explanation of his attitude re garding the famous Loadoa Tslt hsiiIi in(nrv(Mw. Tho Socialist Lhere announced 28 msstlngs about the city ror two purpose oi pr' Ing agalast what thsy tsr4 th "Kalaer'n absolutism" and ths vial torV Kalllcrlos of the lUlchstaA' WW crowded with people., Waaerman onsaed the debate jhr the National llbersli. He was n4 BUiU.I Innitlv wkai tiu immw. and Mia audience listened to Ms remarks ' wltb 'Inten e 'ntere't. , ''We, want to state plainly and publicly tth world," tab! Herr ValsrmaH "thatwu, afe not afraid, of yellow perllsor any othsr iturlja, but the danger from an Internation al policy bassd on tike sudJeH moods of the kaiser Is lacamcabk "Germany'H fats wl no lonatsr dejtend upon one wun Impulslw tempormont. The ids of prsl absolutism Is undermining our lonul security," rials- statement wai greeltNl with u a-j.-n. or ttpplause nnt sum hn lng. Herr Wnssormun declared hat tn kaltwsr'u reign had hsen eharaetsr- Ixed by n number ot unwise hhu ra grettablo itcts which would hav ix.r.u nrnvniitflil if the oMror had submitted to the control of repoM slblo ministers, lie reeusu a ibib)' list of utterances of me empsron uMnli liu tnrmud iHdlsersst Mut stated that they had ben injurtowt to uerwaay. WauutrwiH cnncludid h's rtnark able spssch with ths deflln?HtkM that the emusrsr's acts wars stimulating the growth or Knssnstt throughout the empire, "The kaiser's last Indiscretion has aroused the German nntlon nr. til tho people are boiling over with, lndlgnntlon at his personal rcglmt,'r he said. "OwrwHHy must cease to. be a stronghold of reaction that more benighted than that found let Russia or Turkoy," he declared Watwermun ended by dumandtHnT that Chancellor von Uuolov Klvj th Rekhstag a definite guarani that the emperor will bencnfortU remain more In the background In lutsma tkmal affairs and demanded that von Huelow iRtroduee a bill limit ing by legislation the personal ltow er of ths etnpertr When Wasssrwan sat down, tks crowd west wild with atsdauss. Hnrr Wslwsr's attack n ths emperor was ftmlbw tn thH t W-. H spoks hnrsfcbr aunlnst wnnt k torwl "ths uarsansl nV oi tn swssror," Pnrjl ir, ses&ftUst 4r, rs esivsd as grsat a dsmoaitrstlon whss k stusltsd tss wpror. O