'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