Morning Oregonian. (Portland, Or.) 1861-1937, February 24, 1906, Image 1

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    VOL. XXVI. XO. 14,108.
PflftTLAyP, OBEGOy, SATURDAY, FEBRUARY 1906.
PRICE FIVE CENTS.
MAKE FARCE OF '
HEPBURN BILL
. Desperate Act of 'Rail
road Senators."
DRIVEN OUT INTO THE OPEN
Put Measure in the Handsof
Roosevelt's Enemy.
MAY OVERPLAY THEIR HAND
Tillman, Who Takes Charge or Bill,
Has Denounced It Attempt to
Weaken It With Court
Review Pea tn re. '
OREGONLVN NEWS BUREAU. "Wash
ington, Feb. 23. The greatest legislative
larce of modern times was perpetrated by
the Senate interstate commerce commit
tee today in ordering the report on tho
aicpburn railway rate hill. Unable to
longer hold tho bill in committee, the five
"railroad Senators" Elklns, Aldrich, For
cker, Kcan and Crane resorted to unprc-
nnrtnntoA nBrllamentarv trlckcrv to make
the report appear in the most ridiculous
light possible and fob it or au cnect. io
some extent they succeeded, and, what is
more, they so played, their cards as to
express their utter contempt for Presi
dent Roosevelt and his views, and to ad
minister a stinging rebuke to Senator
Dolllver, the most conscientious advocate
of effective rate legislation ou thetfeom
mlttee. ,
Fight Forced Into5$H '
By vote xf the committtelIepfcra
bill will be reported totSe Senate in a
way that does not bind any ScbhCoc, sd
leaves, every Senator free to, offer -asji ifj
press such amendments as Jjc way s
fit. The bill, while reported SrT'X major
ity of 4hc committee, la virtually rfertl
,wlthput indorsement rrccommewfcrttoV
but, while tliis 'is true, the admlrttetratt;
has gained the material point, in kttfw
light against the .rate hill has becn'Jgk:
from behind the closed doors of the er
mlttce onto the floor of the Senate and
henceforth the opposition must come out
in the open and fight before the whole
country. They must fight where their
moves can bo observed. This in Itself
Is a great gain.
Why Railroad Men Chose Tillman.
When the railroad Senators saw they
could no longer prevent a report on the
Hepburn bill, they determined to make
the report as much of a farce as possible,
and, with that In mind, they voted to
have Senator Tillman, the ranking Demo
cratic member of the committee, make
the report and manago the bill. in", the
Senate. This would seem to give It the
appearance of a Democratic party meas
ure. There were several other reasons
for choosing Mr. Tillman. Vrimarlly, Mr.
Tillman is President Roosevelt's most
bitter enemy. Time and again he has
scathingly denounced the President on
the flobr of the Senate, only recently hav
ing ridiculed the current report that Mr.
Roosevelt was entitled to credit for the
progress being made with an honest rate
bill.
Direct Slap at Roosevelt.
In naming Mr. Tillman the railroad Sen
ators sought to show their contempt for'
the President and aimed to present to the
country the spectacle of an "Administra
tion" measure reported and managed by
the most hostile Senator of the opposi
tion party. Moreover, it has come to be a
raying in Congress that it is easy,, to de
feat any bill with which Mr. Tillman is
Identified, and the railroad Senators count
upon hostility to Tillman to aid them in
their fight.
But there was anothor reason for choos
ing Mr. Tillman. From the very outset
Senator Dolllver has led the fight in co'm
mittce in favor of reporting the Hepburn
bill as it passed the Houae. It was he
who stood out against an amendment pro
dding for judicial review, and it Is Mr.
Dolllver who Is universally recognized as
the leader of the Administration's fight in-
the Senate on this rate legislation. In a
Republican Sfcnate it would be natural
that a bill of this Importance after al
most unanimously passing an oberwhclm
ingly Republican House of Representa
tives, should be reported to the Senate by
a Republican and be managed on the floor
by a Senator of the majority party. Mr.
Dolllver was the -logical manager, and the
man entitled to make the report but he
had steadfastly resisted the railroad Sen
ators and they took a heathenish delight
In publicly rebuking him and taking: from
him the rights to which he was entitled.
Tillman Has Denounced Bill.
There was still another reason for se
lecting Mr- .Tillman to manage the bill.
Mr. Tillman In a recent speech declared
the Hepburn bill was too verbose; that it
was too complicated,, and probably con
talnea at least one "nigger." He CX'
pressed tho'oplrilon that the "bill, was s6
loosely drawn, thai it would not accom
pllah the purpose for- which It was. intend
ed. Indeed, he said, there were "loop
holes in It big enough to let a freight
train slip through," and. when prodded
by Senator Forakcr, he declared he would
not vote for the bill in its pres
ent form. Yet on top of that denunciation
of the bill, Mr. Tillman is voted for and
is made its manager, thereby adding to
the farce.
May Cause Popular Anger.
But there Is a strong suspicion that the
railroad Senators have overplayed, their
hands. They have won a temporary vic
tor" they have paid off a grudge ugalnst
the President and against Mr. Dolllver,
but they have exposed themselves before
the country in the light of- mscing-.a joke
of railroad rate legislation! The public Js
sincere in Its demand for rate regulation,
and there is very apt to be a display of
popular disapproval of the tactics fol
lowed by" the railroad Senators which' will
have the effect of driving many Republi
can Senators to the support of the Hep
burn bill. The Democrats will all vote
Xor it.
When the bill comes up for considera
tion, a hundred or more amendments will
be -proposed. The Elklns bill and the
Knox bill will he offered as substitutes;
every means will be taken to force the
adoption of an amendment providing for
preview by the courts. But the action of
the committee today lias done more than
anything else to kill the prospects of such
amendments. Independent Senators, men
who think for themselves, arc beginning
to realize that all these amendments are
proposed for the purpose of nullifying Iho
gpod effect of the pending, rate legisla
tion; they appreciate that- the auroads
will have the right of appeal to the courts j
from any unjust decision oT the Interstate j
Commerce, Commission and the. sentimont
against this review propaganda -is gain
ing rapIdlyA
May Withdraw Trust Control.
The fight started in the committee to
day may have a far-reaching effect; it
may result in the ultimate overthrow of
the Aldrich-Kcan-Forakcr domination of
the Senate and place hi power younger
Senators like Dolllver and Clapp, men
whose motives an? not Impugned; men
who are not recognized representatives of
railroads and other corporations. The
trust or corporation Senators in the Re
publican party have been running things
with a. high hand; there Is indication
that they have at last overstepped their
bounds and may. In this very fight, meet
their Waterloo.
Fulton Opposes Court. Itcvlcvr.
Senator Fulton, who has gH'cn great
study to the rate bill in all its phases, is
pronounced in his opposition to the Knox
bill and to any amendment to the Hep
burn hill which will permit the suspen-
" rate flxod by the commission
pending decision on appeal to the courts.
Mr. Fulton believes It Is unnecessary to
specifically provide for review by the
courts, for he contends that the railroads
under the Constitution have full power
to appeal from any rate which the com
mission may fix, if that rate docs not
yield thorn a fair return on their invest
ment. The commission, he says, will not
act harshly or unfairly towards the rail
roads under the -power conferred by the
Hepburn bill, and it is to be presumed
that most of their decisions will be fair.
If through error, any rate which they may
.8 should prove unjust, the railroad has
full redress in the courts, without specific
legtolatlon.
"jT Objections to Knox Bill.
.MxaEulton btcvcVHh'aC the Knox, hill
fonwrteslrable. in that-lt will suspend tho
u-fflc fixed by the Commission pending' de
cision ou appeal, and, while a, pretense is
made at providing a means of protecting
the shipper in case the court arflrros the J
Commission's rate, he says those means
are faulty and will not benefit the pro
ducer or original shipper. The benefits
from the Knox bill would be divided be
tween the railroads and large buyers,
such as the . stockyards . and grain ele
vators of Chicago .and other central
points. Tho general public would still
suffer from high prices resulting from
high railroad rates, and the producer and
shipper would suffer likewise, n
While he does not go Into detail, Mr.
Fulton believes that the many other bills
and amendments providing for appeals
would, operate to defeat. tho real purpose
of the Hepburn bill, and he. for one. will
vote against them. Mr. Fulton is wlth
Mr. Dolllver in the rate fight; he Is for
rate legislation that will produce results.
which will relieve shippers and consum
ers, and yet not confiscate any legitimate
earnings of a railroad.
ILL FISH LEilO ATTACK?
CUTS LAST LINK BINDING MM
TO MUTUAL Lira.
Report Stuyvcsant Fish AVI II Lead
Policy-Holders' Movement, but
He Denies Intention.
NEW TOR1C.' Fob. . 23. Stuyvcsant
Fish today sent, to Charles A. Pea
body, president or the Mutual Life
Insurance Company, his resignation
as a member of the Mutual's board of
trustees. .No explanation was made
Ju the brief note of his reasons for
retiring- from, the board. Mr. Fish on
"February 16 resigned his membership
on the company's Investigating com
mittee . JHe declined today to discuss
his retirement from the board.
He was reminded that on his retire
ment from the Truesdale committee a
week ago, when efforts were made to
persuaac mm to any mmscir witn a.
policyholders movement as chairman
of a committee of governors, he had
said:
"While I remain a member of the
Mutual's board. I could not consent
to entertain that or any other life-insurance
proposition."
"Now that you have . resigned from,
the board," Mr. Fish was asked, "are
you likely to assume any definite atti
tude toward a policyholders' move
ment?" "No," he replied. "I 'have never
given such an idea the 'slightest en
couragement, nor do I now Intend to
do se. Old friends have urged me to
enter some such movement, but I have
told them that I cannot consent even
to consider It."
Tho Tribune tomorrow will say:
"When Mr. Fish resigned from the
Mutual board, he signified his willing
ness to lead a fight against the pres
ent management of the company as' he
has many times "been asked to do.
For several months he has been re
ceiving letters from well-known pol
icyholders of the Mutual all 'over' hc
country urging him to become the
chairman of the committee. It Is un
derstood that this Is not the commit
tee of governors to whom Thomas "W.
Lawson turned over his proxies, but It
is probable that, there will bo a union
of th. two.'
W1LLFIGHT ITOUT
N OPEN SENATE
Committee Agrees to Report
Rate BHI Without Binding
ftsf Members.
DEMO WjfSGETj .CONTROL
-
Republican , Pulsion Gives Tillman
Tower to 3IaSp Report All Fac
tions Profess Satisfaction
With Action Taken.
WASHINGTON, Feb. 21 By a ,vote of
8 to 5, the Senate committee on interstate
commerce today agreed to report the
Hepburn railroad rate bill without amendr
nicnt, but lho!Jresolution reserved to the
members of the committee freedom of ac
tion concerning amendments offered in
the Senate. By a vote of 3 to 3. Repub
licans prevailing, Tillman, a Democrat,
was given the honor of reporting' the bill.
This establishes a precedent. In that a
Republican Senate committee lias given
to a Democrat control of an important
measure passed by a Republican House
and indorsed by a Republican President.
Cullom and Carmack were absent, and
their votes were recorded only on tho
main proposition. The resolution follows:
Resolved. That the Interstate commerce
committee report favorably House BUI 12,987
as. it passed the- House of Representatives. It
being understood that members of the com
mittee liave a right to vote as they choose
on amendments' or to offer amendments In
the Senate on consideration of the bltL
Aldrich Gets Open FlghU
Dolllver offered the first part of tho res
olution, and Aldrich made a motion to
amend by adding the restrictions concern
ing amendments. The Aldrich motion pre-,
vailed, the affirmative rotes being- Elklns,
Aldrich. Kean. Forakcr. Crane. Tillman,
Foster and Newlands. The negative votes
were Dolllver. Clapp and McLaurin. After
the meeting, however. McLaurln said that
he had intended to tc for the change,
and a change was made in the committee
record, leaving only Dolllver and Clapp
for the resolution, as offered by Dolllver.
The vote for the resolution as amended
was:
Afllrmailvc-Cullomv ,.DolUvcr. Clapp,
Tillman. McLnurin, Carmack, Foster and
Ncwlands. . . '
Negative Elklns, Aldrich, Kean, Fora
kcr and Crane.
Tillman Chosen to Report.
Aldrich then moved that the bill be re
ported by Chairman .Elklns. but Dolil'ver
and Tillman protested that some of the
friends of the measure should make the
report, and Aldrich amended his motion,
providing that the report should be made
by Tillman. He stated that the 'Demo
cratic members furnished the majority, of
the votes for the bill, and that It was
proper to have the minority "father it."
This was taken by Dolllver and Clapp as
an effort to humiliate them, but they re
mained silent.
Elklns suggested that the report should
be made by Dolllver, who had been one
PRETTY mix Or LORD IA1
KVMTXE HELPS ELECT HIM
TO PARLIAMENT.
I-ady DalryRiple.
That young Lord Dalryrople has
emerged triumphantly from the Lib
eral election flood which has swept
away so roanr representatives of aris
tocratic names and broad- acres who
were Conservative candidates for elec
tion to the British Parliament Is un
doubtedly largely due to the influence
of his charming wife. She canvassed
and made speeches In his behalf all
over the Wlgton district, displaying as
much skill and considerably more en
thusiasm than the host of practiced
politicians of the male persuasion who
supported him. She is a good speaker,
bat she has a captivating way about
her which proved far more .effective
than verbal arguments in winning
votes. She is a pretty woman, tall,
fair, with blue eyes, brown hair, mart
engaging manners, and possessed, of
abundance of tact and savior faire.
She was Miss Violet Harford, only
daughter of Colonel and Mrs. Harford.
when In October, l&OI. she sucrU.d
the only eon and heir of the Earl of
Stair. Their married life commenced"
most Inauspicious!-. On their trfp
the bridegroom was stricken with,
scarlatina. The bride devotedly
nursed him through his illness.- and It
was hoped that she herself would
escape the disease. But upon roovlAjr,
to the Riviera Lady Dalryraple seas
found to be suffering from a. virulent
form of the epidemic. She recovered
and speedily regained her former vig
orous health.
of the men who helped 4?ft the Hepburn
bill and a leader fn the ght to prevent
the adoption of amwSiments. Only Clapp
support the supswtion. which had been
made InformaUrV A vol was then had
on the question of who should report the
bill, resulting as fellows:
For Tillman Aldrich, Kcan, Forakcr,
Crane and MeLauris.
For Dolllver Elklns, Clapp and New
lands. Not voting Dolllver, Tillman and
Foster.
Democrats Take Control.
Before the session today the result
was fn doubt. The division of thc"Rc
publlcan Senators on the question of
judicial review of orders of the Inter
state Commerce Commission left' tho
Democratic, members in absolute con
trol. It was apparent that. If they- di
vided, the court-review amendment
would be adopted. The minority num
bers, after trying to get together last
night, held a second conference early
this morning. The understanding at
the conference was to report the bill
without recommendation Cjf any char
acter, but the agreement wag.iyt bind
ing. With that undcrstandlnr theDcmo-
crats went into tho meeting. TJieJtCr- L
publloa-ns vwewsaaijwcrobltd.
The minority did not make its declslou
known, and the Hepburn bill was tak
en up and the "conservative" Repub
lican faction sought to amend the first
.section. At that Junoturo DolHVcr,
leading the force that was opposed to
amendments, read a telegram from
Cullom asking that he be recorded
against all amendments that were not
recommended by the committee and
unanimously, and to cast his vote for
the Hepburn bill as It came from the
House. Objection was made to record
ing Cullom on any amendments -that
had not been submitted to him.
Democrats Unite for Bill.
i
Dollivr then moved to report tho
Hepburn bill favorably, as it was pre
pared by the House, and said that he
would demand that Cullom s voto be
recorded. This precipitated a lining
up on the only Important contention,
and tho Democrats desired- time for
further consultation. A recess was
taken until - o'clock.
Tho four minority members present
withdrew to Tillman's commlttce
room, and then decided to stand s a
unit for the Hepburn bill, with tha
reservation provided in the resolution
that was finally adopted. They did not
Insist upon this freedom of action be
ing made a jart of the resolution, how
ever. When the committee rc-asscmblcd,
Dolllver called for a vote on his mo
tion. Foster said that he was ready
to vote for It. but-stated that he should
reserve the- right -to -vote for amend
ments Jn the Senate. If he chose. That
was tho position, tak&a. by "McLaurln,
and Aldrich S4, that. -If tfceX -was trPi
situation, it- should be made a part of
the motion. The. result Ws as stated
before.
Conservatives Want Quick Action.
In spite of the fact that the Senate
was not In session today, nearly all
of the Senators were drawn to the
Capitol by the contest In the interstate
commerce committee. As soon as the
result was made known, speculation
began as to the probable -procedure on
the floor. It was predicted that there
would be delays and all sorts of ob
structive tactics used. This was con
tradicted, however, by Aldrich aln J
Crane, and other leading Senators, not
members of the interstate commerce
committee. They said they would fa
vor reaching an agreement whereby
the bill could be placed on the calendar
as the unfinished business ahead of the
statehood bill. They said they thought
the prominence given the railroad rate
question and the interest the people
of the whole United States have taken
in it entitled the question to early con
sideration. It was agreed, however, on
all sides, that the discussion must be
prolonged and undoubtedly 'it would be
as bitter as any that had taken place
in the Senate.
All factions concede that the Hep
burn bill will pass the Senate. The
only contest -will be over an effort to
incorporate in the bill some. provision
for court review of orders of the In
tctstate Commerce Commission.
Dolllver for Open Debate.
In discussing the, action of the commit
tee Dolllver said tonight:
The action of the Senate committee is en
tirely satisfactory to me. The only thing
about It which Is important is the fact that
it places the bltL which the Hous or Rep
resentatives parted with only seven dissent
ing votes, on the calendar of the Senate,
where .nothing can happen to It which doe
not happen In broad daylight after full
public discussion.
The Senators who favor this legislation
care nothing who reports It. Their Interest
is to get it reported and acted upon In an
.open and straightforward way. All they ask
is that the bill be put to a vote. They have
today taken an important step In that di
rection. Position or Conservatives.
Aldrich and Crane authorired the state
ment that four of the five Republican
Senators Who cast their vote against the
bill would have vofed for it if It bad con
tained the addition of a provision for re
view by the courts of the findings of the
commission. They are: Elklns, Aldrich,
Kcan and Crane. Forakcr is opposed to
the principle Involved in the bill, and
would have voted against it even with the
court provision added, but with that ad
dition his would have been the only nega
tive vote.
Tillman Suggests Amendments.
Tillman, whp was designated by the
committee to report the Hepburn bill, raid
after the committee adjourned:
It was an unexpected and in one sense an
undesired honor and responsibility that was.
thrust upon me. As far as I am able, I
Vlll endeavor to secure the passage of the
bill through the Senate with such amend
ments as. will make it more acceptable to
the business Interests of ' the country and
remedy the evils which have produced such
widespread agitation. The policy is essen
tially Democratic The proposed bill had
this unanlmpus sapport of the Democrats of
the House .and I hope that with a few slight,
amendments It will get the same support In
the Senate.
- Tillman said that oae of the most eseh
tial amendments he should endeavor to
OMMttided . aat
ADVISED TO MOVE
FROM INTERIOR
State Department Warns Mis-v
sionaries of Danger
in- China. '
WILL.. GIVE PROTECTION
Assistant Secretary Bacou .Admits
' Government Is Anxious Frcncli "
Catholic MIssIohs in South
In State of SIcgc. -
CINCINNATI, Keb. 23. In answer. to a
letter from F. M. Rains, corresponding
secretary for the Foreign 'Christian Mis
sionary Society, to the State Department
at Washington regarding- the situation in
China. Acting -Secretary of State Robert
Bacon sent the following letter to Mr.
Rains:
- "The condition of affairs- In China, is
causing this Government much anxiety.:
and, while nothing is knom here which
would Justify the Immediate withdrawal
of missionaries from the interior, it would
appear prudent to the department for
the beads of the rqlaslons to warn all out
lying stations of the apprehension caused
by their exposed condition and to advise
them to tako early steps to remove to
places of safety at the first cause for
alarm, even if such cause should appear
insignificant and the danger not immi
nent.
"This Government Is disposed to afford
every protection In Its power to Its citi
zens in Chtna. but in case of an outbreak
such -protection would be much facilitated
if American citizens were congregated in
accessible localities."
3IISSIOXS IX STATE OF SIEGE
French in Danger, Though Troops
Suppress Disturbance. '
PIJKIN. Feb. 23. The trouble In the
Province of Honan has subsided, the Pro
vincial Governor having sent troops to
the scene of the disturbance. The, govern
ment acted promptly, as in thp' case of all
the recent outbreaks, but it 'is difficult
to foresee where an uprising Is likely to
occur. In parts of the interior, where
there fcre Catholic missions, strong Boxer
organizations have been maintained since
2SC0, and the Catholics in the villages have
lived almost' In a state of siege, their
houses, being fortified and the Inhabitants
armed and constantly prepared to resist
attack.
A dispatch from Chow Klakou. Province
of Honan. says that, the Benevolent and
Righteous Society has been drilling for
months In anticipation of a popular rising
March S. The. officials prohibited the cele
bration of the' lantern festival at the end
of the new year celebrations. lest It result
in disorders.
An attack on the Catholic settlement In
Tanchau was threatened, but it failed, al
though a family of five persons was mas
sacred. The inhabitants ot'Yanchau were
panic-stricken, the gates were closed, the
height of the walls was Increased, and
the officials offered a reward of KCO tacht
for the capture of the leaders of the dis
turbance. Soldiers arrived on the scene
GERMANY'S NEW FOREIGN MIN
ISTER IS KAISER'S CHUM.
t
Ilerr tor TchIrcUkj--BoxB(iera. f
Another Kalf ers mxr " as men la T
German; who tplfy the tdeats and I
characteristics of Emperor William I
ara called, has been summoned to a t
blh post In the Imperial xovern-
menfs service Herr von Tchlrschky- i
Boexendorn. who has been appointed I
Imperial secretary for foreign, affairs,
rice Baron van nichthofen. deceased.
Herr von Tchlrschky as he Is -known,
the final appendage oC bis same be
ing dropped In. ordinary usage Is a
Saxon. ltk Baron Speck von Stern
burg. Germany's Ambassador at
Washington. He is Just the Kaiser's
age 17 and his appointment to the
responsible position of Foreign-Minister
Is another of those "personal
choices' of which the monarch Is so .
fond.
Although he 1 advanced to the
highest position In the foreign affairs
department of the Imperial govern
ment from a comparatively minor
berth- that of Prussian Minister
resident In the "Republic of Ham
burg" It develops that he has long
been one of Emperor William's' Inti
mate adviters on matters of exterior
policy and has come to enjoy his
majesty's confidence In a high de-
gree. He has been a traveling companion'-aboard
the HohenxoMern on
numerous occasions, and hay shqtx
stags and wild boars with, the Kaiser,
for many seasons.
Something bordering on real humss
' comradeship Is said to exfep between
hia majesty and his new Foreigm Secretary.
ElrJHflsWdKflE
Febrwiry M and the Boxers fled. The lo
cality is sow qntetcr.
MAKES EXCUSE FOR BOYCOTT
"Wh TIrr- Fang; Says Nations Treat
Chinese Unjustly.
FBKIN. Feb. 23. Wa Ting Fang, ex
QhJRese Minister . to the United States,
when interviewed today on the existing
situation in China, soke in support of
the beycott. Wu Ting Fang is now at
Peiciia. cedifying the laws of Chinar one
of the numerous reforms under way.
Deafness from explosion of a bomb near
him at the railway station last September
wafe only temporary. Speaking of pres
ent conditions, Wu Ting Fang said:
"China is at a crisis, and is passing
through a transition stage. Her states
men and people feel that China needs- re
form, but differ regarding the means.
There vare several classes of reformers,
some speaking foreign languages who
have been abroad and have knowledge of
both sides of the question.
"They Javor useful reforms, not too rad
ical, but such as uilr enable China to
.stand upon her own feet. The number
of these sensible reforms Is few.
"Ruling classes also know that some
thing should be done, but arc at a loss
what to do.
"The third class, composed of young
students, are too rash. They need train
ing and experience.
"Financial reforms should be first, but
without -foreign advice and capital, such
would be Impossible.
"I devised a scheme which had to be
abandoned because It was necessary to
call on foreign advice. '
"The majority of Chinese agree that
China has been deprived' of many rights
by concessions and territorial grants, also
by the way her people have been treated
by foreigners both In China and In foreign
countries.
"Many Chinese In America, Australia
and the Philippines complain of arbitrary
discrimination made against Chinese, not
attempted against other foreigners.
Therefore everyone Is angry. Hence the
boycott of American goods Illustrating
the feeling against unjust exclusion laws.
It has spread over China and Is solely In
retaliation against unjust discrimination,
and is not an tl-foreign.
"Chinese people and officials are on
good terms with all foreigners and have
no hostile feeling toward them. Chinese
merchants have tho best feeling toward
foreign merchants.
"The majority of Chinese are Indifferent
to foreigners traveling In the Interior who
write that they are well treated, with no
sign of hostility against them.
"These rumors of anti-foreign feeling
arc not welt founded. Sensible men ad
vlso boycotters and agitators to be rea
sonable and boycott only goods. They
urge them not to treat persons unkindly,
but to seek their friendship aa before.
"Unfortunately-' disturbances are now
arising from the boycott, but there is no
sign of. an-outbreak-against foreigners."
COUIiD XOT SAVE AMERICANS
Sliaftet Says They "IVould Be Killed
Before Troops Arrived.
EI PASO, Tex.. Feb. 23.-General W.
(Continued on Page d.)
CONTENTS TODAY'S PAPER
The Weather.
TESTERDATS Maximum temperature.
deg.; minimum. 40. Precipitation. 0.20 .of
an Inch.
TODAY'S Showers. Southerly winds.
Foreign.
-Untlsh Jiarquls locKca in bis house as
lunatic. Page 7.
Wltte's cabinet falling to piece.-. Page J
Missionary tells of Japanese oppression or
Corea. Page Z.
British Parliament condemns coolie system
In Africa. Page y.
National.
Senate committee reports rate bill In such
way as to Insult President. Page 1.
Tillman given charge of rate bill by rail
road Senators. Page 1.
House passes resolution for inquiry Into
railroad alliance with coal and oil mo
nopolies. Page 2.
Government warns missionaries of danger
In China. Page J.
Domestic.
Johann Hoch hanged after last attempt at
reprieve. Page 4.
Garfield continues evidence against pack
ers. Page 3.
American mining man battles with bandits
in Mexico. Page 4.
Chicago' cheap gas ordinance Invalid.
Page 4.
Mizner agrees to separation from Mrs.
Yerkes for $20,000. Page 3.
Grafters confess at Cincinnati. Page 3.
Pacific Coast.
Attorneys for Federation officers secure ha
beas corpus writs at Boise; secret code of
dynamiters discovered; Orchard threat
ened with pneumonia. Page 1.
Coast lumber manufacturers meet "at Ta-
coma and raise prices on all grades.
Page 6.
Overhead bridg system In Seattle wttl cost
railroads f.S.000.009. Page C.
Whitman Collage debaters are at Forest
Grove. Page 6.
Sport.
T. M. C. A. basket-ball team frbm Portland
outclassed at New Westminster. Page 3.
Tommy Burns gets decision from Marvin
Hart. Page 14.
Daniels breaks another .swimming record.
Page 14.
Pitcher Callff signed by Portland manager.
Page 14.
Commercial and Maziae.
Further decline in local wheat prices.
Price 13.
Shorts buy freely In Chicago grain market.
Page 13.
Sharp drop in butter at San Francisco.
Page 13.
Slump In stock market. Page 13.
General trade prosperous the country over.
Page 13.
Pilots and masters urge appointment of
night man in Customhouse service at
Astoria. Page 14. '
German steamship officer will wed popular
Portland glrL Page 14.
Portland aad VIclaity,
Consumer exposes graft of Gas Company.
Pago 10.
Vaughn proposes to compel public utility
corporations to pay a - per cent occupa
tion license on gross incomes. Page 10.
Flro Chief may close Pantages. Theater for
failure to comply with fire regulations.
Page 10.
Application for East Side belt line encoun
ters opposition of O. It. & N. Page 3.
Detective Ryan, of San Francisco, comes
for .Mrs. E. S. Gordon and tells of, her
many offenses. Page 0.
Peddler annoyed by boys accused of shoot
ing at them. Page II.
Three wives are granted divorces. Page 11.
Dr. David T. Day here to continue his ex
periments, with black sand. Page 12.
YQuar Men's Democratic Club scores mo
nopolies, but owing to vote of Word's
men. tables resolution upholding Orego
nlan - in Its fight against gas graft.
Page IS.
HABEAS DQRPUS
WRIT GRANTED
Federation Officers Win
a Victory,
GAIN BASIS FOR APPEAL
Court Will- Hear Argument on
Petitions March 6.
CONSPIRACY IS CHARGED
Defense Claims Alleged. Dynamiters
AVere Virtually Kldnapcdhy the
Idaho and Colorado Author
ities Orchard Very III.
BOISE. Idaho. Feb. 2S. The attorneys
for Moyer, Haywood and Pcttibone made
their second move In their battle for the
freedom of the accused officials 6f the
"Western Federation of .Miners this morn-
Injr, and -won a temporary victory, it
was their original Intention to brln? ha
beas corpus proceedings before the "United.
States Court, but Attorney Richardson
found; In looking up the law, that tho
proper course was to apply for the writs
before tho Supreme Court of Idaho, and
then. If the writs were denied, to take
the cases to the Federal courts on writ
of error. This the attorneys for the de
fendants found unnecessary, for Chief
Justice Stockslagcr granted the writs lute
this afternoon.
The applications for habeas corpus writs
for the three prisoners were presented
before the Supremo Court shortly before
noon. Attorney Richardson, after presenting-
tha petitions, argued the law In
the case for an hour. When he had con
cluded, Chief Justice Stockslagcr an
nounced that he would render his decision
at 3 o'clock. The writs of habeas corpus
were grunted and made returnable 3Farch
6. At ttic request of Attorney Richardson,
who informed the court that his-presence
was needed in Denver by March 1. it wu-
agreed to postpone arguments on tbe
writs until some date between March 3
and March 10.
Consider Victory Significant.
The granting- of the writs is looked upon
by the attorneys for the defendants as a
significant victory. Their purpose in tak
ing the step was not to obtain frvedom
for their clients, for of this they had no
hope, but to prove that Governor Good
Ing. Governor McDonald and County At
torney Van Duyn had brought Moyer,
Haywood and Pettlbonc from Colorado
Into Idaho in violation of the law.
The point is to have this appear all
through the record, so that In case the
men are tried and found guilty of mur
der, thty will have this point In theH
favor when the case Is brought into the
Supreme Court of the United States. It is
upon this technicality that they hope to
get a reversal if the worst comes.
Think Constitution Violated.
The defendants contend that the arrest
and detention of the men Is In violation
of the fourteenth amendment to the Con
stitution of the United States, The lan
guage of the fourth and fifth amendments
Is also cited, as Is also the Idaho consti
tution. Attorney Richardson, In his argument,
contended that had the three men com
mitted the murder of ex-Governor Steun-
Lonberg in Idaho, as charged by County
Attorney VanDuyn, and had fled the
state, they could have been extradited.
He declared, however, that Governor
Goodinsr. Governor McDonald and County
Attorney VanDuyn knew that tht three
defendants were not in the s.tatc at the
time of tho assassination of cx-Govcrnor
Stcunenbers and. of course, could not
have committed the crime as chars-d in
the Information and In the affidavits upon
which they were extradited.
It the men had conspired to commit the
assassination, then Colorado was the
place for them to be tried. Mr. Richard
son quoted from a number of United
States Supreme Court decisions bearing
on this point.
Conspiracy Is Charged.
In the writs the charge of conspiracy Is
made against Attorney J. H. Hawley.
Governor Gooding. Governor McDonald,
of Colorado: VanDuyn and Deputy War
den Mills. Attorney Richardson dwelt at
considerable length on this point. He
stoutly maintained that never before in
a study of the law of the land had he
ever read of two Governors entering- Into
a conspiracy to kidnap men from one
state into another upon a charge of mur
der, which they knew to be false. In an
Interview after the hearing' was over he
stated that Governor Gooding-. Governor
McDonald. Hawley and VanDuyn had
committed perjury.
While In court he entered a vljror
ous protest against the rigid con
finement of his clients at the Peni
tentiary, where he said they were
treated like convicts. He contended
that thy authorities had a right to
deny the prisoners their liberty, but
he questioned the right of the state
authorities to deny the prisoners the
right to communicate with their
friends or to transact business with
their attorneys except in the hearingr
of a prison warden.
Will -Be I5b Change.
Nothing has-been done In regard to
allowing more freedom to- the prison-
(Contlnucd on Page 3.)