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FIRST EDITION-3 P. M.
SECOND EWTIQW-4 f. M.
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VOL. XIX.
DAILY CAPITAL JOURNAL, SALEM, OREGON, TUESDAY, FEBRUARY 2ff, IOOOt,
NO. 48.
Ci.
(i hr ilailn )Hal il
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ROCKEFELLER FIGHTS FOR HIS $29,240,000
SIXTYFIVE YEARS OLD MARRIES RICHEST GIRL IN AMERICA
STANDARD OIL AGAIN
COMES UP FOR TRAIL
ON REBATING CHARGE
ONCE SENTENCED TO PAY FINE OF $29,-
240,000 ROCKEFELLER COMES UP
SMILING AND CONFIDENT OF VICTORY
AFTER JUDGE GROSSCUP'S ABUSE OF
TRIAL JUDGE
United Prcw Leased Wlre.r
Chicago, Tcb. 28. Tho second
groat BtruBBlo between tho Standard
01! Company nnd tho Unltod Stutos
government began In tho United
atatoo dlatrlot court hero today, whou
examination of vonlrmon for tho so
lection of ti Jury to retry tho famous
S29.000.000 caso began. Foderal
Judge A. B. Andorson Is presiding. 1
Tho namos of 150 residents ot Nor'Jl
orn Illinois wore selected: Inat .wvek
to comprise tho panel freak which
tho Jury will bo chosen. United
States District Attorney Blms, as
sisted by Spoclal Proseoutor James
Wllkerson and Aslsstant 8tatoa At
torney Harry Parkin, represented tho
government, and Attorneys John 8.
Mlllor, Morltz Rosontbal and A. D.
Eddy tho otl trust.
That the government will agoln
attompt to havo an enormous fine
nuroescd becamo known last woik
when Sims notified tho attorneys for
tho dofondant company that ho ex
pected to provo 1462 soparato of
fenses of rebating, In violation of
tho Elklns anti-trust law. It ho
succoods ho will ask that tho court
assess tho maximum penalty of $10,-
000,000. The minimum ponalty, It
tho company should bo convlctod on
nil thoso counts, will bo only $720.
000. Tho original Standard Otl case
was heard by Fedora! Judgo Konncv
saw M. Landls, and tho trial began
March 4, 1007. Tho oil company
had been Indicted by two sopurnto
grand Jurlos on 6428 counts, charg
ing violations ot tho Elklns anti
trust law, which prohibits the grant
ing or accoptlng of robates on oil or
oil products. Tho trial lasted six
WOOkS,
United States District Attornoy
Sims reprosonted tho goyornmont,
whllo Attorneys John S. Miller, Mor
ltz Rosonthnl, Virgil P. Kllno, A. D.
Kddy and H. W. Mnrtyn appeard
for tho Standard.
Tho specific Indictments upon
i
which tho Unltod 8tatos authorities Tho appellate court ileal Inod to re
elected to make their fight numbered! vorse Its former decision and Attornoy
1462, and chargod tho acceptance ofjoonorn! nonnparto then nppllod to
rebates from tho Chicago & Alton 'tho supronio court of tho United
railroad aggregating $223,000, orStatos for a writ of certiorari, hoping
shlDmontB for 6000 cars of oil from
Whiting. Ind., to East St. Louis.
After a trial replete with sensa
tions, the Jury returned a verdict of
guilty on eaoh indictment, and on
each separate count In each Indict
ment. The maximum fine was $29,
240,000. It could bo less If the
Standard Company of Indiana, n
million-dollar corporation, was not
a aubsldlary of the Standard Com
pany of Now Jersey.
After conviction and before ho pro
nounced sentence. Judge Landls ex
pressed a curiosity to have this latter
point cleared up and he subpoenaed
John D. Rockefoller and lesser Stand
ard OU officials to teifify regarding
the connection between the Indiana
and the New Jersey companies. On
August 3, 1907, Judge Landls fined
tho oil company unmercifully. The
Standard company Immediately took
tho case to tho Unltod States court
ot nppca8 on a writ of error. Its
on ftVer8 thftt thQ tr,ft, couft hlI
orrod ,n ,,nB tnnt tho m,"'bor of
offenses should bo reckoned by tho
numbor ot cnrlond lots nnd not by
tho numbor of shipments; that tho
trial court had erred In ruling thnt
Ignoranco ot tho law Is not an oxcuso
for violation of It, and tho trial court
had nBscssod on oxcosslvo flno nnd
had gono beyond Its po.wor In hearing
testimony nttor iho Jury had returned
a verdict.
Last Juno tho nppollato court hand
ed down a decision on this writ of
orror petition roverslng tho trial court
and romandlug tho enno to Judgo
Landls' court for ro-trlal. This opin
ion, written by Judgo Orosscup, con
tained whet was called tho most ro
inarkablo oxcorloratlon of ono court
by nnothor In tho history of tho
American bonch. Tho opinion de
nounced Judgo Landls In unmeas
ured torms, holding that hgfiad real
ly convicted tho Stnndnrd Oil Com
pany of Now Jersoy whon It was not
oven on trial. Tho opinion, referring
to Judgo Landls' decision, snld:
"No monarch, no pnrllnmont, no
tribunal ot western Europo for con
turles has protended to havo tho right
to punish except attor duo trial un-
dor all forms of law. Can that rlghU
fully bo done horo on no other bnsls
than tho juilgo's porsonal bollof that
tho party marked by him for punish
mont deserves puutthmont? If so,
It Is becauso tho man who happens
to bo a Judge Is abovo tho law.
"On August 14 last, District At
tornoy Sims filed a potltlon for a ro
henring of tho enso boforo tho np
pollato court, alloglng that tho circuit
court had misunderstood and mis
nuoted the rulings of tho trial Judge,
and nllofiod further thni tho circuit
court's rulings, If sustained, would
make tho intor-state act more wlll-o'-tho-wltm
loKislatlou. a imantom stat-
ute
.thus to got tho oaso boforo tho nn
tlon's hlghost tribunal with the $29.
240,000 flno nttaohed.
The supromo court refused to grant
tho writ on tho ground that no great
quostlon of public moniont was In
volved. Attornoy Goneral Ilonaparto
Immediately ordered United States
District Attornoy Sims to begin tho
retrial at tho earliest posslblo mo
ment. Judgo Landls, who presided
at iho first rtlal, decllnod to do so
nt tho second, nud Judgo Andorson
of Indianapolis consented to act.
Immediately after tho court con
vened, Attorney Miller, chief counsel
for the Standard, moved that the en
tire -venire of 150 names be quashed,
on the ground that It was Improperly
drawn, and that too large a propor
tion of the talesmen were made of
farmers.
The attorneys for each side thea
began an nrgumont on tho motion to
oxcuso tho vonlromon. Tho court ex
cuocd tho veniremen until this after
noon, pending a decision ou tho motion.
CANADIAN WINS THE
GREAT MARATHON RACE
f Untied 1'rrsa Leased Wlrc.1
Senttlo, Wash., Feb. 23. To Will
It. Chandlor, of Vancouver, D. C, be
long tho laurels of tho first race
ovor run over tho full Marathon dis
tance In tho Northwost Tho sturdy
Canadian athloto outgamed and out
distanced all his rivals In the Wann
ing ton classic yostorday afternoon,
finishing moro than two mllos ahoad
of his nearost competitor. Fred Wal-
by, Portland Y. M, C. A., was oxioad,
seven laps away, and Waltor Spaug
ler, Scattlo Athletic Club, third, 12
laps from tho loader.
Over a track Inches deep with
heavy clay and loose clndors tho
Mnrathon was run, From start to
finish of tho contest a cold, driving
rain foil upon tho thinly clad ath
lolos, wotting and chilling thorn until
tltoy Bhlvorod constantly, ovon In .hn
and torrlblo weathor conditions mado
fast tlmo out of tho quostlon. Ghand-
hardest spirits. Tho sticky going
lor wont tho full distance, 26 miles,
38G yards, In 3 hours, 45 mlautee,
16 2-6 seconds. For the last Ave
mllos tho paco was no faster than a
walic, and most of tho men woro ac
tually walking.
Only two went tho full distance
Tho othorn dropped by the wayside,
worn by tho long grind.
o
FELL UPSTAIRS AND
CUT SEISMOGRAPH OUT
(United Pross Leased Wire.)
Philadelphia, r'ob. 23. Tho sight
of the president-elect ot the Unltod
States sprawled out full longth, after
having fallen upstairs In hurrying to
SAYS ROOSEVELT
HAS PERSECUTED
THE RAILROAD
E. R. RIPLEY PRESIDENT OF THE SANTA FE
SAYS THE COUNTRY'S PR0SPERTY
DEPENDS ON THE POSITION TAKEN
BY TAFT AS TO RAILROADS
lUultel Press Leased Wire.
Los Angelos, Cal., Feb. 23. Charg
Ing that President Tloosovolt has
porwoutad tha railways, and that at
the present tlmo this country Is an
oligarchy, E. P. Itlploy, president of
tho Santa Fo, In an intorviow mado
public hero today, declared that fu
ture conditions of business gonerally
depended largely upon tho attitude
of President-elect Taft toward tho
railroads.
After admitting that traffic Is
bettor now than It was a year ago
Ripley called attontlon to he fact
that that It was not so good as It
was two years ago, and that the boom
following Taft's election lias dleJ
out.
"Tho country Is In a waiting
mood.," he declared.
"Waiting to see whether tho com
ing administration will give a man
with a bit of capital a fair show.
Waiting to see what will be done
wlh the tariff. And waiting to us
If the country Is to be ruled by an
autocracy, a monocracy or as a republic.
catch ti train, grcoted tho eyes ot hun
dreds ot persons horo today.
A great crowd was following tho
rushing form ot Mr. Tnft as ho dis
played to tho admiration of nil that
his great bulk did not provent him
from bolug active nnd light on his
foot. Ho was doing beautifully until
ho renchod tho stairs. Thon, halt way
up tho flight, his foot caught and
tho momentum hurled him on up tho
stops. Ho was ou his feet In a mo
mont, Biuillng, nnd as tho crowd
choorod, ho smilingly remarked:
"Well, I always heard It was good
luck to fall upstairs."
ELKINS LAW UPHELD
BY SUPREME COURT
(United l'rens Leased Wire.
Washington, Feb. 23 tho supremo
court of tho United titntcs today hold
that tho rebate provisions of tho El
klns act aro constlutiounl and decid
ed against tho Now York Central nnd
Hudson Klvor Railroad Company In
tho sugar rebating ensos.
Tho Now York Contral was fined
$18,000 nnd Trnfflc Manager Fred
L. Pomoroy $6000 undor tho Elklns
act for granting robates to tho "sugar
ruBt" on nhlpmonts of sugar In 1002
from Now York to Cleveland, nnd In
1904 from Now York to Detroit.
THREE DEAD; 14 BURIED
IN CAVING SEWER
(Unltod Press Lonsod Wlro.J
Seattle Fob. 23. A report Imb
roachod tho city that a cave-In on tho
north trunk sower nenr tho Alnska-Yukon-Pnclflc
exposition grounds hns
resulted In tho death of throo labor
ers and fourteen others nre entotnb
od nltvo nbout twenty foot bolow tho
surface A plpo has bcon forced
through tho looso dirt to nffnrd air
to thoso ontombod. Falling planks
afford a roof for thoso caught In tho
cnvo-ln.
"There uru two uxtromo part It
new; ono composed of tho prosoni
administration and Its friends, and
which desires a pure democracy In
control,
"This government was organized
as a ropuhllc, but as a rosult ot theno
two parties pulling In different di
rections, it has for tho tlmo ceaiod
to bo a republic, and Just nt tho mo
ment Is an oligarchy.
"You must not understand mo as
tdklng a pesslmlstlo view of goneral
affairs, becauso I am hopeful about
the governmental affairs."
After explaining that tho railroads
and tho country at largo woro mutu
ally dependent upon each other for
their goneral wolfare. the magnato
said:
"If Mr. Taft adopta a generous or
oven fair policy toward the railway?,
business genorally will advance quick
ly to what wo wish to see.
"It may sound to somo people a
jutting It very strong, when I say
that the railroads of the country have
been persecuted by the present ad
ministration, but it Is true."
HETTY SHOULD HAVE
BOUGHT THE OLD MAN
FOR HER -OWN OLD SELF
&"
LETS HER DAUGHTER MARRY AN OLD MAN
AFFLICTED WITH. THE G0UT--HER
MIND EVIDENTLY FAILING
Morrlstown, N. J., Fob. 23. Sylvia
Croon, daughter of Mrs. Hetty arean,
rlchost woman in tho world, wa&Sanr-
rlcd today to Mathow ABtor "Wllke,
at St. Potor's church, by tho Iter.
Phllom&n F. Bturgesa.
tho
slvaa
Poll.
A groat crowd, carrying rloo ana
old shoes, surrounded the fiat In
which Mrs. Oreea and her daughter
wbb staying. Finally an elderly wo-
man and mother much yeaager
emerged with their faces yelled, Uay
log public curiosity unsatlsSed,
Hobokon, N. J., Fob. 23. It was"
learned hero this morning, while
preparations wore being made for tho
simple marriage thlH nftornoou of
Miss Sylvia Croon, daughter of llettlo
(Jrcou, to Matthew Autor Wllks, thnt
tho "richest woman" had not given
her consent until tno olovonth hour.
Sho wnntod hor duughtor to marry
a younger man. In fact, Mrs. Croon,
in a hoart-to-hoart talk with Wllks,
Indulged In a fow snappy remarks,
winding up by saying:
"Mr. Wllks, I think you're n pret
ty nice man, nnd I'vo no doubt "you'll
trout Sylvia decontly, but, Mr. Wllks,
you're 65 years old nl havo tho
gout.
"And, Mr. Wllks, I want to know
whoro my monoy'H going when I'm
gono. There will bo $6000 a day
Income for Sylvia nttor I'm dead, nnd
who Is going to look nttor It? You'll
WASHINGTON
: WASHED
Hoqulam, Wash., Fob, 23.
Practically tho wholo north ond uf
Moollps, a soashoro rosort near Ho
qulam, has boon washod Into tho sua,
carrying eovernl cottages and tlwlr
contents with It, and other structures
aro bolng slowly pounded to plecos
by tho .houvy waves, according to a
paelal dispatch JtiHt rocolvod by th
Orays Harbor Nows.
Tho report rccolvod horo says the
high tldo washed away about half a
tallo of tho dyke, leaving part of tho
popular rosort, which Is Inhabited In
tho sumnior by wealthy families, at
tho morcy of tho high rolling sea.
No fatalltlos have been reported to
SUFFRAGE CARRIES
IN WASHINGTON
United l'tt Leased Wire.)
Olympla, Wash., Feo. 23 -Tho
woman suffrage bill pnssod tho sen
ate this morning without u rlpplo,
by a voto ot 30 to 0, and now goes
to actlng.Qovernor Hay for his slg
nature. Tho bill was Introduced In
tho houso early In tho session by Hell
of Plorco,
Tho passage of tho bill In tho sen
ate waa engineered by Senator Pike
of King and It had no opposition.
ilOttyaroonlwaa .nreapntat .
ceroraoSyk -The bride. $
away by horceusla: "IIowImmI
oxcuso mo If I speak plainly. An
holr would hold this groat fortune
Intact In tho groat lino of doscont and
tho bulk of It would not bo disbursed.
This, Igbollovo, concorns my dtnH
tor's- K9JplncaM nlono."
m Wllks Bmlllngly took Mrs. Croon's
sollcltulirtgood part. His physi
cian has novfrognrdod his affliction
of gout ns"iit at) of n sorlous nature
nnd tdukfuo trouhlo to cifjl ou Mfcwi
Oroen nMd nssurp Ur mother her
prospective bor-Ib-Uw was set alllag.
Two polleemea hustled hek th
ciowd atfk wis:ea ealerea
rlago aadAwere driven to the Dela
ware Lnokawanpa $ Woeler rail
road station.
At tho utation Is was diseomeA
that thoy were Hetty Oreea and her
daughtor.
Mrs. Croon wore a blaok silk drew
trimmed with genuine Irish polat
laco and a bonnet of forelga 'orv
Hon." A long coat prevented the
dross of Miss Sylvia bolng seen,
Tho couplo woro greoted by h
otdorly man whose faco was hlddea
by a fur lined coat collar, which wm
turnod up. Many In tho crowd pro
fessed to rocognlso him as Wllks.
Tho pnrty onlorod a prlvato car oa
tho regular wontbound train. It u
nunouncbd Inter that they loft for
Morrlstown.
Tho party Includod, bostdoa WUks
nnd tho Oroons, Mr. and Mrs. IIow
land Poll, Mr. nnd Mrs. Stophon Hall.
Mr. nnd Mrs. Armory Oarhart, Sdr
oral rolntlven of Wllks mot thorn at
Morlrstown,
RESORT
INTO THE SEA
far. It Is thought horo that a mu
Jtrlty of tho cottage woro unoccu
pied. Ono strip or land 12 foot high, 25
fr.ot wldo and 1000 foot long waa car
ried away. On this tho housos woto
located. Tho bath houses along the
heuch aro bolug slowly undormlnod,
and a big in I no nearby employing a
largo number of moil, Is bolng pound
ed to pieces. Tho surf, whoro the
dyko hns boon torn down Is having
full swoep of tho beach. Tho damage
to proporty hns already roached Into
tho thousands of dollars. A part of
tho Indian reservation at that point
has boon destroyed.
Tho bill provides that ut tho next
election thor shall bo submitted to
tho votors a constitutional amend
mont giving tho pooplo tho right to
say whethor womou shall vote or not
JOHN C. YOUNG TO BE
PORTLAND'S POSTMASTER
United I'rtM Leased Wirt.)
Wushlngton, Feb. 23. Tho nomi
nation of john C. Young as postmas
ter of Portland, Or., today was or
dered reported favorably by the sen
ate committee on postofflces.
2
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