.
mm
VOI. XLVI. XO. 14,106.
PORTLAND, OREGON. THURSDAY, FEBRUARY 22, 1906.
PRICE FIVE CENTS.
HAYWOOD PULES
AS JUDGE READS
Charged With Murder
of Steunenberg.
MOVER APPEARS MUCH BORED
Pettibone Shows No Surprise,
But Stares Fixedly. .
NO TESTIMONY IS -GIVEN
Conspiracy Will Be Alleged Against
Officials 'of the Federation. When.
Their Cases Arc Taken Up
by.tlic Grand Jury.
333T. W. G. MACRAE.
CAL.DWEL.I. Idaho. Feb. 2L (Staff.
correspondence.") If Attorney E. T. Rich
ardson, counsel for the officials of the
"Western Federation of Miners, anticipates
this morning that ho would force the
state to show its testimony against
Charles 11. Moycr, William D, Hoy wood
Charles H. Moyer, President of West
era Iteration of Misers.
and George A. Pettibone, he must have
been disappointed. The three . prisoners
were brought to Caldwell early this morn
ing from Boise. They were strongly
guarded by deputy wardens and detec
tives.
From some unknown reason, the ofilclals
feared that the citizens of Caldwell would
give vent to their feelings, but they
were mistaken. No matter what the sen
tlmcnt was at the time of .the assassin
ation. It has quieted down and now the
arrival and departure of the three men
charged with having murdered cx-Govcr
nor Steunenberg did not create a rippl
among the residents here. In fact, it 13
doubtful whether more than a dozen
knew that Moycr, Heywood and Petti'
bone had been brought here, so quietly
was the thing accomplished.
Train Stops at County Jail.
The train which carried the defendants
to Caldwell stopped at the County Jail
about half a mile from the center of the
town. They were taken to the jail and
locked up. while the attorneys went to
the city and made arrangements for the
hearing. At 10 o'clock they were brought
ibofore Probate Judge Church.. Only nexvs-
paper men and the guards were present
The information which was filed against
the three men and which led to their
being extradited was read by Judge
Church. Pettibone was the first called
upon to rise and as the words fell from
the lips of the court, the prisoners heard
for the first time that they were directly
charged with having prepared and placed
the bomb -which ended the life of the
former Governor of Idaho.
Pettibone Is Very Cool.
If Pettibone was surprised at the nature
of the charge against him he showed
no signs. He stood in an easy position
and kept his eyes glued upon the face
of the court. When the last word "was
read he took bis seat 'without saying
word.
Heywood was next called upon to stand
Lp. He is a powerfully-built fellow and
was the only one of the defendants to
show signs of the strain under which
lie was passing. He stood with his huge
bodv bent toward the desk at which
the Judge sat, and his face blanched per
oeptibly as the reading went on. By the
time the last word was read his limbs
were trembling violently.
Mover. Regains His Composure.
President Moyer was the last to hear
the reading of the information against
himself. Moyer is a tall, angular man,
with a decided stoop to his shoulders.
During the reading of the stilted legal
language of the charge to the other two
men Moycr appeared ill at ease, but when
it came to his turn he stood up without
a tremor. He is the stoic of the three
men, and before the court finished his face
bore a bored expression. No plea was
entered by any one of the defendants.
Attorney Richardson roso quickly after
the reading and announced that he -was
ready to proceed with the preliminary
hearing. He argued that his clients had a
right to demand this.
County Attorney Van Duya stated that
he was not ready to go on with the hear
ing. and asked for a-contlnuancc.
The court held that the state had a right!
to a continuance of two days, and that
both sides were entitled to six if they saw
lit to use up all of the time granted by the
tatutc
Attorney Richardson demanded, if this
as the case, .the right to know the na
ture of the evidence against his clients
and also the names of the witnesses and
hat the state Intended" to prove by them.
He was again overruled, and the date, for
the first hearing was set for February 23.
The attorneys for both sides reached an
grcement regarding the continuance, and
the six days allowed by Jaw for continu
ances will be used up. Attorney Richard
son xnsented to this when he found out
that ho could not force the state Into dl-
ulglng the names of its witnesses or any
part of the testimony upon which they
depend to obtain a conviction.
Xo Preliminary Hearing.
This move on the part of the prosecution
shows that the three men accused will not
be given a preliminary hearing. The con
tinuance 'was ta"kcn by the slate in order
to have time In-whJch to get the special
grand jury organized. It will mfe&kefe
sxuuraay ana organize, ana win - rwwy
to take up the hearing of evidence agnlmH.
me inrce men as soon as a tew nwar.
cases of long standing arc passcdlupoo.
It is not believed that the grarMjajy?
will begin investigating the Steuncnberjf
assassination until February 27. That-lnV
dictments against all of the men under
arrest will be returned is a foregone con-
clusjpn. . The charge against them will
also be changed immediately. Instead of
being directly charged with the murder
of ex-Governor Steunenberg, the charge
ill, dc conspiracy.
Charge to Be Changed.
- -The
direct charge of murder against
each defendant separately was mnde
for the purpose of extraditing them.
This is shown by the -affidavit upon
which requisition papers were secured.
This affidavit charges each man with
having been at Caldwell December 30.
the evening of the assassination. Had
the prisoners been charged with a con
spiracy, the Governor of Colorado
might have not granted the. requisition
.papers, but with a direct charge of
murde"r.against each, it paved the way
of ls$king the papers without contro-
.'crsyJI
j nig switcn on tne part or the prose
cution was sarcastically referred to by
Attorney Richardson as a conspiracy
between the Governors of the two
states and the detectives to kidnap the
men from the State of Colorado. He
contended that it was a mpst unusual
procedure. He said that the federation
ofilclals could expect nothing else, and
ho characterized the whole matter as
an 'attempt" to crush the organization.
2ol Retained by Adams.
Just, before leaving- Caldwell ho
counsel for the miners was Informed
that JScve Adams would arrive here
this cvtpiMjn,iand .Attorney RJohatdsqn
was asKca it lie wouia represent 'Aunras
in similar proceeding, which will take
place tomorrow. Mr. Hi ch arris on stated
that he had not been retained by
Adams; that he was unknown to him,
and certainly would not appear for him
unless ordered to do so by President
Moyer, or the officers In charge of
the affairs of the federation at Denver.
Adams will be sent to Boise after
the hearing and placed in the pchltcn
tiary. Vincent St John arrived at
Boise this evening in charge of De
tcctlves Swain and Sutherland.
Asks More Freedom for Clients.
Before the proceedings were closed
Attorney Richardson requested greater
freedom for his clients. He said that
all three men had been used to an act
ive life, and that they found the close
confinement at the penitentiary exceed
ingly uncomfortable. Heywood, he
stated, complained of being ill and was
suffering from kidney trouble, and was
in need of exercise.
The attorney asked that the prison
ers be permitted to read the dally pa
pers and write letters without being
W. D. Heywood. Secretary of Western
lrdc ration of Mia em.
subjected to a censor, and also that
they bo allowed to talk to each other.
Counsel for the defendants demanded
this right on the ground that his ell
cnts were not convicts, and should not
lc treated as such.
J. H. Hawley, who has been employed
by Governor Gooding as special prose
cutor, stated that he would lake the mat
ter up with the prison authorities and
would have the rules relaxed as much as
possible.
Handcuffs on the Prisoners.
The trip from noise to caicwcll was
uneventful. The prisoners were hand
cuffed and did not seem to mind the scru
tiny of the passengers, it is an old thing
with them, for all have worn the iron
before and have been through imprison
ment and trials.
Moyer spent 60 days in the bullpen at
Tclluride and Pettibone was tried for
having had a hand In blowing up the
Bunker Hill Mine. Haywood has had his
tarn at Ue. wheel also.
It' SS bar to reaHe from the appear-
jjll
iKli9HilR!!?9HHIHilH
tCathieils Pte 3.)
l!R
POOD BILL
PASSES SENATE
Heyburn Accomplishes Feat
Many Have Attempted
J and Failed. .
r
PERMIT NO ADULTERATION
Climax of .Fifteen Years Struggle
for law Against Sllsbrandlng
. jutd,DoctrlH- Senate's Bcl-
JjtiLfeW'W XJurc Whisky.
aWA 9 1 T ??rrt TO N. fFcb. 21. After 13
"ftoC "f" r lcss scriouacoasid-
day passed the Heyburn pure food bill
by the decisive vote of 63 to 4- The
otc was tAVcn after a day devoted al
most exclusively to desultory debate
on the trill. Several efforts were made
to amcnd-Ahe bill and the commltee ac
cepted a number of suggestions, but
nly those thus accepted were Incor
porated in the bill as passed.
Provisions of the BUI.
The bill makes it a misdemeanor to
manufacture op sell adulterated or
misbranded foods, drugs, medicines or
liquors in uie, District of uoiumma,
the territories and the Insular posses
sions of the United States and pro
hibits the shipment of such goods from
one state to another or to a foreign
country. It also prohibits the receipt
of such goods. Punishment by fine of
S500 or by imprisonment for one year
or both is prescribed. In the case of
corporations; officials in charge are
made responsible. The Treasury De
partment and the Departments of Ag
riculture and of Commerce and Labor
are required to agree upon regula
tions for collection and examination of
the articles covered by the bill, but
no specific provision is made for in-
cstlgatlon except by the Department
of Agriculture. The Investigations by
that department arc placed In the
hands of the chief of the Bureau of
Chemistry and, it he finds that the
law has been -violated, the Secretary
of Agriculture is required to report
the facts to the United Stats District
Attorney, who. in -turn Is required to
institute .-proceeaings to uie x-eucrai.
courts. The bill Also defines foods.
drugs, medicines and liquors and also
defines the standards for 'them. There
is an exemption for dealers who fur
nish guarantees against adulteration
;tnd misbranding. Tho debate on the
bill was participated in by Heyburn,
JMcCuraber, Lodge, Fo raker, Allison,
Spooner, Penrose, Gallingcr, Tillman,
Bailey, Money and others.
Bailey's Vision of Despots.
Bailey discussed the constitutional
features of the bill, contending that
the interstate commerce' provisions
were Invalid. He took the position
that the regulation of food, drugs, etc,
belonged to the states and that Fed
eral statutes should not be resorted to
for that purpose. He said we needed
better Prosecuting Attorneys rather
than more Government bureaus.
'Begin as you are doing In this bill
and you will soon have a department
as powerful as the Postofflce Depart
ment" he said, and added: "I doubt
if any despotism in the world vests In
one individual as much power as we
give to the Postmaster-General, who
can close any man's business by an
edict from which he has no appeal.'
Definition of Pure Whisky.
At 5 -P. M.. the Senate began voting
on the various amendments. The im
portant amendments- adopted include
the following:
Changing the provision regarding
the misbranding of liquors so as to
make it read:
It shall be deemed tnlrbranded If it Is
blended or rectified, or conalrla ot an ad
mixture of dlffercrit gradea of the same
liquor, or contains or la mixed with other
substances and the word "blended," "recti
fled" or "l!xed,, as the case may be, not
plainly stated on the package, etc
There were only two roll-calls on
amendments and in both instances the
committee was sustained. The first of
these was on an amendment offered by
Foraker eliminating the word wadded"
from the following' provisipn:
"In the case of liquors an article
shall be deemed adulterated If it con
tains any added ingredient of a poi
sonous or a deleterious character."
Other Amendments Fail.
The amendment was lost 24 to 46
The other roll-call was on a change
suggested by Foraker in the provision
for labeling rectified liquors, which
was lost by the close vote of 33 to 35,
The amendment on that' point which
was afterward accepted was "on simi
lar lines.
Moneys substitute bill and an
amendment by Spooner authorizing
the Secretary of Agriculture to fix
standards of foods, drugs and liquors
were both voted down without calling
the roll.
On the final roll-call the bill passed
by a vote of 63 to 4, Bacon, Bailey,
Foster and Tillman, all .Democrats,
being the only Senators to cast their
votes In the negative.
MINE BECOMES THEIR TOMB
Heroic Fire-Fighters In Arizona Are
Prey to Flames.
EL PASO. Tex., Feb. 2L A special to
the Herald this afternoon from Globe.
Ariz., says that the bodies of Joseph
Ikenbcn-y. Joe Artlsscy and John James.
who metT death last night when fighting
the fire In the Old Dteie mine, at that
place, win prowuKy evcr ae recovered.
D
All tho eernpartmeats wive seen fettlfe.
liM.Ymi ntr minors are making; heroic
efforts to subdue the flames. They cannot
reach the numDs on fomc levels, however.
and it is feared the mine will be flooded.
and it will take months to extinguish the
fire.
Miners showed great heroism in fighting
the flames. There was a pathetic scene
about the mouth uf the mine, wives and
children bescins: the miners not to go
down, but they went one shift following
another every few minutes. The mine is
owned by Phillips. Dodge & Co.
"WATER RISING 1XLEVEIS.
7
Gas Prevents Attention to Pumps
and Some Stop Working.
GLOBE, Ari., Feb. 21. The Ituatlon at
the Old Dominion mine tonight Is not
the fire has contended 11 day against
great odds. Since the burned shaft caved
In at 3 o'clock lastnlght. the gas .through
out the mine has been bad and no one
has ventured into any of the levels.
Pumps on the twelfth level gave out
yesterday afternoon and one of the big
pumps on the tenth level did the same
today. Efforts will be made to reach the
tenth-level pump tonight and oil arid
regulate the pumps now running, and
Ktsrt the idle pump. As a result of the
failure of the pumps, water has risen
from the fourteenth to within 50 feet of
the twelfth -level. A great deal ot gas Li
coming from the twelfth level and the
management has decided to allow the
water to rles above thte level in order
to shut off the gas. Two bailers of 1030
gallons a minute capacity are hoisting
water and a third is in readiness to use
when needed.
Ira Wheat a station tender, was over-
come on the stage while ascending thenj:
shaft this afternoon and his ScoVen
and mangled. An Improvement in tat
Situation Is looked for rinc the nltkt
t4 7
FOR PERFORMANCES IN TEXAS
AXDjJSALIFORXIA.
Theater Trust Pails to Drive Out
Tragedy Queen More Time
for Pacific Coast.
KANSAS CITY, Feb. 21. W. E. Gorman.
representing the management of Mme.
Sarah Bernhardt, today purchased a new.
fully equipped circus tent, which will be
used In those cities of Texas, and probably
of California, in which first-class theaters
cannot be obtained for Mme. Bernhardt.
The tent is 230 feet long and 130 feet
wide, and will seat 473D people. The scats
re canvas chaise, arranged in sections as
ina theater, numbered and reserved, and
with thrcc-foojf aisles. An ample stage Is
provided. andr a space 60x20 feet, with
X-fcct ccillni. is set apart for dressing- 1
wvnm TliiiMnviia tt...l.n v. iiv.. I
icd iyclecWeltyarhsu by thetocal
comnanies Tralued circus men will han- I
die tho tent. .
Tho 25 week' engagement of Mme.
Bernhardt has been extended In order to
give more time to the Pacific Coast.
CONTENTS TODAY'S PAPER
Tho Weather.
TESTERDATS Maximum temperature. 30
der.: minimum. 40. Precipitation, 0.63 of
an Inch.
TODAY'S Occasional rain. Southwesterly
winds.
TorelgB.
Britain ready to fight Germany alone about
Morocco. Page
Negotiations at standstill and Roosevelt pro.
poed as mediator. Page -.
Mlts Miller explains Chinese attitude toward
foreigners. Page 1
Bryce 'make speech on home rule which de.
ugnts uie insn. i'age 3.
Schmidt in Russia. Page 4.
NaUeaal.
Roosevelt says he will veto rate bill. If it !
ooes not sausry mm. i'age l.
Senate passes pure food bill. Pago 1.
Hull dlscurses Chinese agitation. Page 3.
House committee opposes repeal of Umber
and atone act. Page 4.
Drydock Dewey adrift In storm, hut recov
ered by tugs, rage 4.
Agreement on Investigation of coal and oil
monopolies. Page S.
Garfield continues evidence against packers.
Page 4.
Politics.
Congressman Grosvenor defeated for
nomination. Pago
Divorce Congress adapts platform after
J . T- '
Domestic
John Mitchell says miner' strike is Inevit
able. Page ,.
Mixnr. reported to hare bought olt old
sweetheart from suing him. rage o.
Sarah Bernhardt buys circus tent to act in.
Page L
Nephew of Senator Bard disappear In Bet-
glum and Is neliered to nave been mur
dered. Page 4
Vandlrer denounces proxy campaign of New
Tork Ufo officers. Pago l.
Sport.
Amateur indoor swimming records broken.
Pago T.
Judges at Hot Springs track discorer
ringer and brand him. Page .
Paclfle Coast.
Federation officials hear charge of murder
read against them at Caldwell, Idaho.
Page 1.
Local option caass much bad feeling at Le.
bason. Or. Page-u.
All Puget Sound vessels will be reinspected.
Page C
Washington Railroad Commission takes no
tice of new O. R. & N. wheat rale.
Page C
Commercial aad Marlae.
Hopgrowera of Oregon to form a corpora
tion. Pago 15.
San Francisco butter market top heavy.
Page 12.
Stock market lacks support. Page 15.
Strength maintained In Iron and steel mar
kets. Page 1.
Seattle transportation concern opens negotia
tions for charter of steam schooner Nome
City for Yaldcz route. Page 11.
Government shows discrimination against
Portland In inviting proposals for hay
and oats for the Philippines. Page 14.
Pert Wind aad VlclaMy.
Anil-Saloon League officers are liable to ar
rest. Page 14,
How Washington's birthday will be cele
brated. Page 9.
Mid-Oreso'n Railway project Is launched by
Christian Co-Operative Federation. Page
10.
Council Committee favors grant of franchise
of electric line on Front street, but does
not name successful applicant. Page 10.
Summit of Council Crest leased, ior amuse
ment park. Page 10.
A. M. White, accused of burglary In a bak
ery, set free on mute testimony of
rusty Key. Page
Multnomah Cju directors elect new officers.
Pare 14.
Coaacit holds up ' Mi. Hood and Cascade
Power Companies franchise application
fw two weeks. Page 19.
Git SCATTERS
HATRED EQUALLY
Present Outburst Aimed at
Japan as Well as All
White Nations.
BELLOW PERIL IS FICTION
3Iiss Miller Explains Kcal Meaning
of Anti-Foreign Sentiment and
Declares More Vigorous Pol-
Icy Is JTcccssary.
3IA1N FACTS ABOUT CHINA.
The yellow peril, that combination
of Asiatic races, is no peril at alt.
China, is antl-forelzn and Japan is
flfXv fwisa to China, a we are.
- " - The anti-foreisn feeling is as strong
j no- In CRlna. as It was in Japan
lf e ai years age.
J ! TJe Chinese newer reallr field to
lorcifu innuenee; roree ts tne oniy
power they recegnute. but they give
farce with a doll resentment
very evident that, after all
ha done In. Manchuria, she
wJU Ktt neither thanks nor reward
from China. The- way of the inter
few. however righteous the cause.
Is hard. China proposM to stand alone,
atlii a prey to the powers, distrustful
of her "eo.Bal opportunity" frienda
and her "partition" semies. She is
like a wealthy helrewt so beset by
many suitors that she his not tho
power to dlsorttnlnate.
Those who know the CMneje My
that America, is making a graVfr mis
take la receiving the Chinese cora
mlfvloners la state, while the boy
cott Ia belnr upheld by officials la
China.
The time is comlnr when we shall
.ave to take a firmer stand than be
fore on the Eastern question.
TOKOHAMA. Japan, Feb. 2.-(Special
Correspondence.) There have been Ics
sons enough drawn from the recent war
to educate army and navy officers and
diplomats from the cradle to the- grave.
and fat volumes have been written
enough to stock a large library, yet the
real auestlon at !bsup 'fThlna nartitlon
D lh. doV-is unanswered- ' In-
OCTO "r uur generation one iccjs saie
In saying that the unsettled state ot China
may as well be classed with the eternal
venues. The effect of the war upon
China Li the most Interesting thing to
watch In the Far East today.
One fact. Just at present, stands out
more than any other; the yellow peril,
that combination of Asiatic races, feared
urcaaca ana prognosticated by many
prophets at home, is no peril at alL Japan
has been so prominent In the eyes and
minds of the American people that many
of them have, ascribed the Chinese boy
cott to Japan's influence, forgetful of the
fact that one of China's chief character
fatties has. always been an intense anti
foreign feeling, made manifest in many
uprisings. Tho truth is. that China is
first, foremost and all the time antl-for
clgn, and the new Japan, save for sim
ilarlllcs of lancnnM ami liirfnn l n
foreign to China as we are.
Japan stands, on legs very young but
sturdy, for the Anglo-Saxon type af civil
lxatlon, which Is condemned by all but
the most progressive Chinese. A new
mlnistryt control in Corea and an In
creased activity in industrial affairs are
the chief results of the war in Japan. It
is China that has become inflated by
Japan's victories. China, the decrepit, old
scholar. Is hobbling painfully in the foot
atcps ot the young Japan, resisting all
assistance because China has glimmerings
of independence.
China Hates Foreigners.
First Is the anti-foreign feeling. That
sentiment Is as strong now in China as it
was In Japan COO years ago. Then the
jfonugucsc ana spanisn Jesuits wero
persecuted and driven from Japan, while
civil war, ending with a fearful massacre.
has waged with their converts. Tho
Dutch alone wero permitted to trade with
Japan, and they were virtually prisoners
on the little Island of Deshima. Every
one knows that not until Commodore Per
ry coming was the nation open to the
commerce of the world. After that there
was an anti-foreign outbreak and Chris
tianity was excluded until 1S43. In Naga
saki a pretty street festival called the
Odorl is still held In the Autumn. Orig
Inally it was In commemoration of the
driving out of early Christian mission
arics. Even Buddhism, brought from
China early in the history of Japan, was
not Introduced without a stuggle.
So, too, the story of foreign Influence In
China is a story of many uprisings against
foreigners. The Boxer war is fresh In
tho minds of all of us. Lately there has
been much agitation, as shown In the
missionary trouble in the South, the
Shanghai riots and the boycott of Amer
lean goods. And next? Who knows?
storm is brewing, and it is only a question
of time when it will burst.
Uprisings, foreigners killed, indemnity
paid how many times has the story been
repeated while the officials In authority
unseen but supporting the movement.
have gone -unpunished? The government
of China is a government by officials and
in every trouble of much importance the
officials have made the people serve Jheir
ends. The Chinese never .really yield to
foreign influence: force is the only power
they recognize, but $hcy give way to force
always with a dull resentment. At pres
cnt they are granting no mining"" nor rail
way concessions to outsiders, and they
arc organizing to buy back thoee already
granted, as shown in the recent purchase
of the Canton-Hankow Railway.
Japan Hated Iikc All Others
That China regards Japan as she does all
other foreign powers has been made cvi
dent in two ways lately, first la the trouble
with 'the Chinese students in Tokio, and
econdly in China's opposition to Japan's
wished-for concessions in Manchuria.
Formerly all things, art, religion, learn
ing, came from China to Japan, and
China, as the educator, could look down
upon her pupil. Then Japan turned to
Anglo-Saxon influence and defeated China
In 1SK. The tables were turned somewhat,
and in 1S37 China sent- two students to
tudy in Japan. Each year since then
more have come, until, at the beginning
of the recent misunderstanding, there
were some SCOO Chinese students in differ
ent private and government schools in
Tokio. Some came paying their own ex
penses, some were sent by local govern
ments and a- great many Manchurians
were sent by the government at Pekln.
Nearly all arc between 20 and 20 years of
age. The trouble grew out of a set of
new regulations which contained two ar
ticles particularly objectionable to the
Chinese.
The selected private or public school shall
eee that th students lodge in the school
dormitory, or In boarding-houses superintend
ed by the school, and they ahall superintend
the atudenta outside of school. No selected
private or public school shall bo allowed to
umlt any Chinese students expelled from
the. schools on account of bud character.
The regulations arc said to be the
same as those governing the Japanese,
bui . the Chinese students intemrcted
them as contempt for their -nation.
The feeling grew tq a riot, and some
000 students returned to China, say
ing that they would found a great
school in Shanghai or Tientsin, whero
they would employ neither Japanese
nor American teachers. They were
much censured by Chinese officials,
and tho opinion Is general that the
leaders of the trouble were more in
terested in revolutionary ideas than in
their studies. One ot their protests
said, referring no doubt to the boy
cott: "We overcame even America,
that great nation, by our unity, and
there is nothing too hard to be accom
plished by the power of unity." The
entire affair, though not sanctioned by
the Chinese government, shows plainly
the growing idea ot independence In
China.
Concessions Refused to Japan.
Japan has been disappointed in her
treaty with China. The hoped-for
railway concessions were not forth
coming. Permission was granted to
complete and use the Antung Mukden
line for 15 years, after which it must
be given to China, while the railway
captured by Japan from Bussia was
turned over to China, and the conces
sion for a line from Chang: Chung to
Klrin, planned to bound the sphere of
Russian influence, was not granted.
China was full of pretexts and ex
cuses, so time-worn and threadbare
that it is a wonder they were effective.
It Is very evident that after all
Japan has 'done in Manchuria, she will
get neither thanks nor reward from
China. The ,wa.y of the intcrfcrer,
however righteous the cause, is hard.
China proposes to stand alone, still a
prey to the powers, distrustful alike
ot her "equal opportunity" friends and
her "partition" enemies. - She la like
a wealthy heiress, so beset by many
suitors that she has not the power to
discriminate.
Objection to Mixed Courts.
China has lately gone a step beyond
the familiar anti-foreign uprising in
dealing with that "legal fiction," ex-tra-terrltoriallty.
The Shanghai riots
grew out ot trouble in the mixed
HONORS KN"I3IY OF FOREIGNERS.
LONDON. Feb. 21. According to
tho correspondent of the Morning
Post at Shanghai, the Taotai ot
Shanghai has been appointed Gov
ernor of Pekln. a high honor, and
significant la view ot the recent con
flict over the foreign courts ot
Shanghai.
court, the. Chinese magistrates feeling
that the foreigners Interfered unjust
ly in the administration of justice.
Here, too, they are following the lead
of Japan, who struggled for many
years to rid herself ot tho .mixed court.
First foreigners sat as judges In the
lower tribunals; later this was
changed and foreigners sat in the Su
preme Court only. There was much
popular agitation over this question
until 189 when all foreigners were
excluded as judges from all the courts
of Japan.
Another result ot the war Is the Chl
neso commission. These men have
gorro abroad to study the constitutions
ot different nations, with the intention
of making China a constitutional mon
arcny. It is a task worthy ot giants.
Those who know the Chinese say that
America is making a grave mistake in
receiving these commissioners In state,
while the boycott Is being upheld by
officials in China. It will only tend,
they say, to lessen the respect ot tho
Chinese for us. It is also a mistake.
they assert, to discuss the exclusion
treaty "with officials in Pekln during
the boycott.
America 3Iust Take Firm Stand.
The time is -coming when we shall
have to take a firmer stand than before
on the Eastern question. The war Is
ended, but the situation is at least
the same. Russia is for the time being
a little farther from Pekln than be
fore, and China Is groping a little less
vaguely for independence. Japan is in
Corea, but tne reai question is aim
unanswered.
ANNIE LAURA MILLER.
MADE HOMELESS BY FIRE
Mackle Family Driven Out by Blaze
on Fourteenth Street.
Fire in a residence at 370 Fourteenth
street occupied by Mrs. John Mackle and
family, was almost completely destroyed
by fire at 2 o'clock this morning. Before
the flames could be got under control the
fire spread to the roof df the residence
at 372 Fourteenth street, occupied by
James Edmonds and VT. D. Palmer. Lit
tle damage except by water was caused
to the latter.
Fire in the Mackle residence is sup
posed to have started in the kitchen, but
the cause is not known. The family es
caped without saving any household ef
fects. The damage is placed at about
$1009.
LULL
ON VETO POWER
If Senators Draw Teeth
of Rate Bill.
POSITION OF THE PRESIDENT
Leaves' Committee Free to
Amend, But Warns It.
CONFERENCE ON KNOX PLAN
Supporters ot Hepburn Bill Oppose
Any. Sew Provision for Court He
view, But Conservatives Clnim
Majority in the Committee.
WASHINGTON. Feb. 21. When the Sen
ate committee on interstate commerce
meets on Friday to vote on a rate bill,
the announcement will be made authori
tatively that President Roosevelt will not
attempt to prevent amendment ot the
Hepburn bill; that he will leave the com
mittee free to exercise its best judgment.
and if possible compromise its differences:
that. If a bill is reported which docs not
meet his approval and in that form is
passed by Congress, he will content him
self to exercise his veto power. This an
nouncement will be made as the result ot
a conference here today between the most
active persons supporting the House bill
without amendment, but will be delivered
to the committee by a Senator who has
supported an amendment providing for ju
.diclal review of orders of the Interstate
Commerce Commission.
Knox Amendment Considered.
The conference at the White House is
one o'f many that have been held there
in the last week for a discussion' of the
railroad rate question. It was attended
6y Senators Dolllver and Clapp. Speaker
Cannon. Rcprcsentatl'tfc Hepburn-aitT jri-torney-Generat
iloody. They had under
consideration an amendment said to have
been drafted by Senator Knox and Teviscd
by the Attorney-General. The draft in its
revised form, however, is said not to be
satisfactory" to Its author. It was offered
in a spirit of compromise, and the Presi
dent and Attorney-General wanted to
know whether It would be acceptable to
the members ot Congress who are making
fight to prevent the adoption of any
amendment which they believe would in
terfere with the operation of the measure
they purpose to enact into law.
Briefly stated, the amendment aims to
give to any complainant authority to file
a petition in a Circuit Court asserting that
a rate fixed by the Commission was in
fact illegal; that an order of the Com
mission was in reality unlawful, and au
thorizes the court to hear the suit to de
cide whether the Commission acted within
its authority and whether the constitu
tional rights of the plaintiffs had been
violated.
All Oppose Changing BUI.
As they had previously announced they
would do, all those called into the confer
ence made a firm stand, for the Hepburn
bill in its present form and said that
none of the amendments suggested
seemed to be an Improvement. They said
that, if the bill specified the conditions
under which complaints could be taken
into court, the court might refuse to take
cognizance of matters not specified in the
bill. They said tfiey preferred to leave
open every feature under which an ag
grieved person might desire to go into
court. Mr. Moocjy, it is said, contended
that the Hepburn bill Is constitutional and
there is no danger of its being overturned
by the "United States Supreme Court. He
would not pas3 upon the wisdom of
amending the bill, taking the position
that that is a function outside of hi3 of
ficial province.
Stand Firm for Hepburn BUI.
After Messrs.- Dolllver and Clapp re
turne'd to the Capitol they told certain
colleagues that they would go" Into the
committee on Friday and make a firm
stand to have the bill reported without
amendment. When asked concerning the
attitude of the President, they said that
they believed he is satisfied with the bill
as it stands, but that it Is too much to
say that he Is opposed to any amend
ments whatever. The President was de
scribed by them as ready to consider any
araendments that might be offered and
willing to listen to any proposition up to
the time the bill Is placed on its final
passage. They said that, if anything
should be brought forward which, in the
opinions of friends of the bill, would bet
ter it and not obstruct Its operation, the
President would give it careful study.
Conservatives Claim Majority.
Conservative members of the committee
assert that they have the necessary votes
to amend the Hepburn bul, if they are
left free to exercise their Individual judg
ment, so that they will not be put in the
position of opposing the President's pol
icy. "Under these conditions. It is said
that Senators Elkins. Foraker, Crane,
Kean, Aldrich, Carmack, Foster and Mc
Laurin will vote for an amendment pro
viding for judicial review. Seven votes
la a majority of the committee. Messrs.
Cullom and Carmack will not be present
when the committee meets on Friday, but
as Mr. Cullom is opposed to amendment,
this will not affect the result- An in
formal meeting of the committee will be
held tomorrow, but it Is agreed no im
portant amendments will be considered
until Friday.
RACK
. Li ,.i .