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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Dec. 7, 1906)
8 THE MORXING OREGONIAN, FRIDAY, DECE3IBEK 7, 1906. E BILL IS Washington Railroad Commis sion Dropped Such a Meas ure After Investigation. GOOD FOR LOCAL SHIPPERS Interstate Business Would Come to a Standstill Until AH Demands for Cars Within the State Had Been Satisfied. OLTMPIA. Wash.. Dec's. (Special.) "Oregon lumbermen should be careful and consider the effect before they ask their State Legislature to pass a re ciprocal demurrage bill, else they may find the legislation has harmed rather than aided them," was the statement . made here today by a man who has Klven the car shortage situation much thought. The remark was brought out by the report tliat shippers at Eugene, Or., have passed a resolution calling upon the Legislature for such a bill. Incident, to the discussion mention was made that a few months ago the Washington Commission was earnestly discussing a reciprocal demurrage measure. but ' dropped the matter hurriedly after an Investigation. Here is the situation in a nutshell: There is an admitted shortage of carg. buppose a reciprocal demurrage bill is passed. Being a state measure, it cannot cover interstate business. Theiefore, all local shippers will be enabled to use the law to secure all the cars they need for local business. As lumber shipments are nearly all inter state, the lumbermen cannot make use of the law, and even were the railroads disposed to prorate cars among' local shippers and lumbermen, they would be unable to do so because under the law the local shippers' demands would, be first served In full. Reciprocal demurrage would be a fine thing for all shipments within a state, but such a state law would cut Inter state shippers out absolutely until local business had been cared for. Such a law in Washington would certainly put the lumbermen to the bad, for all the cars in the state now are no more than enough to handlethe purely state busi ness grain, coal, etc. That was the rea son the Washington lumbermen decided they would rather take chances on prorating than to have a reciprocal de murrage law in this state. BUY THEIR LIQUOR BY THE JPG Residents of "Dry" Towns Have Thirst-Quenchers Close at Hand. COQUILLE. Or., Dec. 6. (Special.) If the statements of a number of people at Coquille and Myrtle Point are to be taken, prohibition does not prohibit. In support of the statements the unbeliever is taken to the express office when the train arrives from Coos Bay or to the wharves when boats from Bandon tie. up and shown numbers of demijohns that are brought In each day. The demijohns are said to contain whisky. A rather peculiar state of affairs ex ists in Coos County today. Marshfield, Norfh Bend and Bandon are wide open, while Coquille and Myrtle Point are closed tight as a drum. Few drunken men are to be seen on the streets of the wide-open cities. The same cannot be said of the cities that are closed. The men who are opposed to prohibition are ready with an explanation. They say that when men send away for whisky they get it in large quantities and pro ceed to dispose of it in the shortest pos sible time. Marshfield ha3 11 saloons. North Bend nine and Bandon five and each pays a license of MOO. This money is said to materially benefit the cities In favor of saloons, while the temperance towns spend just as much money for police pro tection and receive nothing from the liquor that Is brought In by express. Meanwhile the transportation companies are making no complaint and the man who wants a bracer can get it as easily In Myrtle Point or Coquille as he can in any other section of the county If he knows the ropes. , TRIP FOR MIXING STUDENTS Working Properties in Southern Or egon Are to Bo Visited. UNIVERSITY OF OREGON. Eugene, Dr., Dec 6. (Special.) Arthur C. Ter rel, brad of the mining department, has announced plans for a trip Into Southern Oregon by the juniors and seniors of mining engineers. The trip is to take place between the end of .the first semester and the beginning of the Hcnd semester, in the latter part of January. Elmer Wright, who managed the football team of 1902. and who is now engaged in mining near Grant's Pass, will cooperate with Mr. Terrel and make arrangements for the students to visit the Opp mine at Jacksonville and the Granite Hill at Grants Pass. Both of these mines are well-developed properties and are worked on a scale that should prove very instructive to the prospective mining engineers. Trips into near-by mining fields are of frequent occurrence at the college of mines at Boulder. Colo., and at all the great mining Institutions of the United States and Mr. Terrel proposes to make regular cxeursloas into practical mining fields as soon as the funds of the University are sufficient to Justify the expense. Expenses for the proposed trip in January will be provided by the students themselves and about 20 mining engineers expect to make the trip. Working for a Public Library. OREGON CITY. Or.. Dec. 6. (Special.) '-Ordinances asking that a public library be established in this city and that a tax of one-half mill to be levied for the support of such an institution were ..pre sented to the Oregon City Council last night. Consideration of the subject 'was deferred to an adjourned meeting to be held next Wednesday night. Mayor Cau field and Councllmen Knapp, Andresen and Brandt were constituted a committee to confer with the cltlzen'fc library com mittee as to the status of the law and report at the meeting next week. En thusiastic addresses in behalf of the pro posed free public - library were made last night by Rev. P. Hammond. W. S. U'Ren. Rev. Father Hlllebrand. Mrs. Eva Emery Dye. Mrs. W. S. U'Ren and others. Miss Cornelia Marvin, secretary of the State Library Commission, said that a library, such as the one proposed, can be main tained for $1500 per annum. The com mittee having in charge the work of arousing public interest and support in the library has received subscriptions to the amount of $j00, with the prospect of DEM RAG in PANACEA 200 additional, while more than 200 vol umes have already been donated. Game Wardens at North Yakima. NORTH YAKIMA. Wash.. Dec 6. (Special.) The Game "Wardens of the State met in annual session here this afternoon to discuss the question of legis lation relative to the proper protection of the State. Fourteen counties were represented. Chief Warden R. C- Beebe and State Fish Commissioner John Rise land were in attendance. Following were the counties represented: Benton. M. T. Baker; Chehalls. H. A. Livermore: Clark. E. S. Biesecker; Doug las, M. O. Logan; Jefferson', Munro Wyckoff; King. H. Rief; Kitsap, P. H. Seay: Lewis, W. A. Brown; Pierce, W. W. Thompson; Snohomish. E. W. Davies; Spokane, J. A. Uhlig; Thurston. Frank Mossman; Whatcom, A. P. Loomis; Yak ima, E. J. Barnes. Resolutions were passed this afternoon recommending to the Legislature some changes in the game laws. A public smoker was held this evening In the Com mercial Club rooms, at which there was a large attendance. Chautauqua Assembly Incorporated. OREGON CITY, Or.. Dec. 4. (Special.) Directors J. T. Apperson, H. E. Cross, G. A. Steel,, George A. Harding, W. A. Huntley, A. ' F. Parker and C. H. Dye, seven of the nine members of the board of directors of ' the Willamette Valley Chautauqua Association, dissolved, today filed with the County Clerk articles of incorporation for fhe Willamette Valley Chautauqua Assembly. The capital stock in the new corporation is fixed at ioOOO. consisting of 200 shares of the value of J25 each. Sale of stock in the new cor poration will begin at once under the charge of a committee consisting of G. A. Steel, H. E. Cross and C. H. Dye. DEATH ON HIS OWN HEAD TACO.UA MAN DID NOT LOOK AND LISTEN AT CROSSING. AVashington Supreme Court Finds. Railroader Guilty of Contrib utory Negligence. OLYMPIA, Wash.. Dec. . 6. (Special.) One damage .suit was lopt because the man forgot to put . on the dog and an other because a man failed to look and listen before crossing a railroad track, in cases decided to day by the state Su preme Court. In which actions were brought for damages. The court refuses Judgment in each case because of con tributory negligence. The first case was that of AV. F. Bailey against the Muckelteo Lumber Company, in which Bailey was Injured because he forgot to put on the dog in handling a partially sawed timber. The other case was where the widow and children of Joseph Baker sued be cause a Tacoma Eastern train ran over and 'killed Mr. Baker July 28, , 1H05, on East D street. Tacoma. He was a rail road man, the court finds, and should have stopped to look and lLsten. Death was his fault, the court finds, and the railroad is not liable, even though the end of the train that struck had no brakeman or guard. Another decision just rendered by the Supreme Court wipes off the cloud that for years has been on the title of about 200 acres of land in -the heart of Seattle. In 18S4 P. P. Carroll, who had a judg ment for $1250 against W. C. Hill, secured a Sheriff's, deed to the property. Later a certificate of redemption was issued by the Sheriff, but Carroll pays this was procured by fraud and that he never was paid. He brought suit to set aside the redemption and to establish title, but the Supreme Court says the statute of limitation required the suit to be brought within three years, while he waited 20 years, and that his delay has forfeited his right. The case is dismissed. TELLS LODGE SECRETS SPOKANE . ELK SHOWS GOOD TRAIT OF ELDER SLOANE. Made Speech and Started Subscrip tion for a Wooden Leg for art Unfortunate Boy. SPOKANE. Wash.. Dec. 6. (Special.) Under stress of severe cross-examination by the defense, W. F. Connor, a prominent member of the local lodge of Elks, today divulged lodge secrets which appeared to have an effect wholly unexpected by the defense. Mr. Connor's testimony was to the effect that James F. Sloane, for whose murder Sidney is now on trial, displayed a charitable trait within the confines of the lodgeroom. Prosecuting Attorney Karnhart regis tered a strenuous objection to the Intro duction of testimony which would compel witness to divulge any of the transac tions of the lodge behind closed doors, but the court ordered Mr. Connor to re late an incident relative to James F. Sloane making a speech in the Elks' lodge. "It was a matter proposed by Mr. Sloane," , said Mr. Connor. "It seemed that a boy about town had lost a leg Vand Mr. Sloane Introduced a resolution to buy him a wooden leg. Mr. Sloane said he knew of a boy unfortunate enough to have to carry a wooden leg and he wanted to see this unfortunate provided with a leg, no that his spine would not be affected during the Winter." Mr. Connor was about to tell of Mr. Sloane placing his hat on the altar for the collection of donations, when he was Interrupted by the chief counsel for the defense. It was afterwards developed that enough money was contributed to purchase a half dozen wooden legs. The. testimony throughout was a reiter ation of that given yesterday, all of the witnesses declaring that in their opinion James F. Sloane, the murdered man, was perfectly sane. Some declared that they knew him to be addicted to drink. STUCK KNIFE IN HIS STOMACH Aged Seattle Man Despondent Over Continued Ill-Health. SEATTLE, Wash., Dec. ' 6. (Special.) w lien R. H. Randall, 73 years of age, plunged a knife into his stomach to night and died a few hours later, the third suicide of the present week had been committed In this city, with one unsuccessful attempt, that of Henry Busemann, a wealthy rancher of Yakima. Irene LeBarge, worrying over a law affair, drank chloroform in the pres ence of her lover, John Tweed, Sun day, and a man supposed to be John Wiley, escaped from Steilacoom State Insane Asylum, blew out his heart. Randall had been suffering from Bright's Disease for several weeks and had become despondent. His daughter found him an hour after he had retired to his room supposedly to sleep, slow ly bleeding to death from the self inflicted wound. Mllwaukie Country Club. Eastern and California races. Take Sell wood or Oregon City car, starting from First and Alder streets. GRAFT IS GIGANTIC Investigation Too Much One Grand Jury. for TESTIMONY IS ASTOUNDING Jurors Are Put on Witness Stand in the Cases of Supervisor Nichols and Janitor Duffy, Charged With Bribery and Perjury. SAN FRANCISCO, Dec' 6. Supervisor Fred P. Nicholas, indicted for agreeing to accept a bribe of $26.05, and George Duffy, the janitor, who is charged with perjury growing out of the same charge, appeared before Superior Judge Lawler for the second day's hearing on the mo tion to quash the indictments. The last witness called yesterday was Ansel C. Robinson, The defense tried to show by this witness that District Attor ney Heney had made Impassioned appeals to the jury to indict both Nicholas and Duffy ,but, like the other jurors, he testi fied that neither of the officials had made such a speech. The next move of the defense was an attempt to show that Foreman Oliver tried to intimidate wit ness in the grand Jury room. Robinson testified that the foreman had warned all witnesses to adhere strictly to the truth and told them what was the penalty for perjury. , It will be several days before the de fense can complete its examination of the jurors as to their bias and prejudice and then it may be weeks before the two de fendants are made to answer in open court the charges that have been brought against them. The grand jury was scheduled to meet at 1:30 o'clock this afternoon, but no ses sion was held on account of the fact that the presence of a number of jurors was desired as witnesses in Judge Lawler's court. B. P. Oliver, foreman of the grand Jury was on the witness stand this afternoon. In reply to the questions put to the witness by the attorneys for Duffy and Nichols as to Whether the grand juror had any bias or prejudice against the defendants Mr. Oliver said: "From the testimony that I have heard in the grand jury room I am convinced that the corruption of the present municipal administration is so , great that any one grand jury will hardly, be able to complete a thorough invest!-. . gation. The more testimony I hear the more I am astonished at the conditions wiiich obtain in the municipal govern ment. Mr. Oliver, however, stated that he was not prejudiced against Duffy from what had transpired in the grand jury room. On the contrary, he said, he felt sympathy for Duffy, whom he con sidered only a tool in the hands of his employers. Something of a sensation developed when G. G. BurneHt, secretary of the grand jury, testified that he had en trusted the records of the grand jury to an employe of Assistant District At torney Heney, after being assaulted on Fillmore-street. Burnett explained this by saying that be was in constant fear of assault, as rough-looking characters brushed against him while on his way home with the records, and he stated that he believed they wanted to get possession of them. Mendell Rothenburg, another grand juror, volunteered the statement on the witness stand that he had seen no evidence of graft on the part of any Supervisors. The examination of the grand Jurors will be resumed tomorrow morning. MAYOR AND BOSS ARRAIGNED Schmilz Rises at Oiye, but Ruef Has to Be Forced to Stand. SAN FRANCISCO, Dec 6. On five charges of extortion found against each of them by the grand Jury, Mayor Eugene E. Schmitz and Abraham Ruef were today arraigned in Superior Judge Dunne's court. At the urgent request of counsel for. the defense, the case was continued until next Monday for the purpose of giving the accused further time in which to plead. A dramatic scene was presented in the courtroom as Mayor Schmitz and Mr. Ruef appeared before the bar. "Number 303. Eugene E. Schmitz and Abraham Ruef, for arraignment," Judge Dunne announced as he took his seat on the bench. The Mayor arose and faced the clerk. Ho listened attentively as the words of the formal indictment fell from the Hps of the clerk. Ruef declined to arise until the third indictment was read, and then only after he had been commanded to do so by the Judge. Mayor Schmitz arose promptly when the reading of the first indictment began. Assistant District Attorney Francis J. Heney called the attention of the court to the fact that only one of the defendants was standing, but Attorney Ach, appear ing for Ruef, and Attorney John Bar rett, appearing for Schmitz. protested that it was not necessary for the defendants to stand. Ruef made no attempt to rise, and Judge Dunne did not compel IMm to leave his chair. When the formality of reading the first Indictment was over, the Mayor sat down and one of his attorneys, Frank Drew, asked for a continuance until Monday. Judge Dunne stated that it had been the understanding at the last calling of the case that the defendants should make an swer today. The motion for a continu ance was denied and Judge Dunne directed that arraignment under the other indict ments should proceed. The clerk read the second indictment. No. 304 on the calendar, but when he had finished. Assistant District Attorney He ney observed that he had failed to ask for the defendants' plea. "Why don't you ask for their plea?" he said to the clerk. "I thought." the clerk replied, "that they were only to be arraigned today." "How can you arraign them if you do not ask for their plea?" Heney demand ed, and then, addressing the court, said: "I think, your Honor, if this arraign ment was conductedin the same way as that of an ordinary prisoner there would be less confusion. Why do they not stand up, so they can be identified?" "1 asked the clerk," Judge" Dunne re plied, "why he had not required the prisoners to stand. He said that the attorneys have some objections. I think myself that they should stand. They will be treated no differently in this court than if they were John Smith or any other prisoner. The arraignment will proceed and the' prisoners must stand." The clerk read the remaining three In dictments with Ruef gazing Into jspace and the Mayor still listening attentively. At the conclusion of each. Attorney Bar rett repeated his request for a continu ance' until Monday, but the Judge paid no heed to the request until the arraign ment had been concluded. After consid erable quibbling as to the date for plead ing. Judge Dunne said: "I am inclined to think that he de fendants should have until Monday morn ing, and the case is continued until that time, with the understanding that they will then be ready to answer."- DR. JUDD ENTERS HIS DEFENSE Believed Peter Iredale Abandoned When He Helped Himself. ASTORIA. Or., Dec. . (Special.) The Information recently filed against Dr. W. C. Judd, of Warrenton, charging him with larceny in a ship, was changed today to a complaint charging him with larceny, and the 'case was set for trial before a Jury In the Justice Court tomorrow after noon. The defense makes no denial of .having taken certain articles from the stranded bark Peter Iredale. but alleges the defendant thought the vessel had been abandoned and that he had a perfect right to the articles. - The contention is also made that as soon as he ascertained the correct status of the affair he returned every article taken and he at no time had any inten tion of stealing anything. Elections on Coos Bay. NORTH BEND. Or.. Dec. 6. (Spe cial. )-r-City electiops were held here Tuesday for the election of three Coun cllmen, but as only three nominations were made for the same number of offices, the election kicked interest. Charles Calef, M. G. Coleman and A. Vanzile, all republicans, .were elected. Elections were also held at Marsh field for the election of two Council men. There were six candidates in the field, all nominated at an independ ent mass meeting. A. J. Savage and Herbert Lockhart were elected to suc ceed themselves. J. M. Upton was re elected Recorder, C. LtPennock being his opponent. T 8Y MAYOR M'ALEER, OF LOS AN GELES, NEARLY PERISHES. Up to His Armpits When His Shouts Bring Men and Ropes to , . the Rescue. LOS ANGELES, Dec. 6. Only the time ly arrival of a rescue party at a critical moment saved Mayor Owen McAleer from death by suffocation in a bed of quicksand in the Los Angeles River yes terday afternoon. The Mayor was buried to his armpits in the sand and the two horses he had been driving were almost submerged when he succeeded In attracting attention by his shouts. Two men who were on the bank procured ropes and after an hour's ef fort extricated the Mayor and the horses. MRS. CHEAL GETS A DIVORCE Hnsband Who Disappeared From Portland Is Seen at Los Angeles. SEATTLE, Wash., Dec. 6.T-Mrs. Anne Cheal, wife of Maurice Cheal, a Portland business man, who was believed to have been drowned in the Willamette River, June 27, 1904, was granted a divorce in Judge Frater's court this morning when the fact was established that Cheal is still alive and has been seen on the streets of Los Angeles within the past two weeks. - Divorce was granted on the grounds of desertion. Intimate friends of Cheal mourned him as dead, but his wife did not , fear be was dead, as she had re ceived reports from different parts Df the world that he was "living. Some two weeks ago a man who was an intimate friend of Mr. Cheal in Portland says he accosted him pn the streets in Los An geles, but the man accosted denied that he was Cheal. The Portland man, how ever, declares that he could not have been deceived. Judge Frater Denies Charges. SEATTLE, Wash., Dec. 6. Investigation of the charges made by Dr. C. V. Sharpies against- Superior Judge Frater and members ot the Mitehell-Crefneld insanity commission will be made by the Seattle Bar Association and the King County Medical Society. Tire accused parties make emphatic denial ot guilt. Judge Frater today said: "I appointed a medical commission that declared Esther Mitchell and Maude Cref fleld insane. I named the physicians that composed it and had full confidence in their integrity and have now. No one suggested to me the names of any phy sicians. The selection was wholly my own. I do not believe Attorney Clark made the statement that Perry attributes to him. I am certain that if Clark did make that statement he did it without authority. I had no interest in the dis position of the Mltchell-Creffleld cases, and my sole object in appointing the com. mission was to see that the law was up held." The Judges of the Superior Court Ueld a meeting this morning and expressed their conlidence in the integrity of Frater. Planning for a Cherry Show. SALEM. Or.. Dec. 6. (Special.) The Marion County Horticultural Society wi'l hord an important meeting at the City Hall in Salem at 1:30 P. M. Satur day, December 8. Among the speakers will be: Professor Lake, George W. Weeks, Judge J. II. Scott, II. B. Thiel sen and L. T. Reynolds. One of the purposed of the meeting will be , to arrange for an annual cherry show such as that which was held so suc cessfully here last Summer. Rolling Stock for Southern Pacific. SAN FRANCISCO, Dec. 6. The South ern Pacific has just 'ordered constructed about $6,500,000 worth of rolling stock, and has placed orders aggregating S4.000.fl00 with different locomotive and car manu facturing concerns, so that it equipment may be augmented as quickly ae possible to meet the growing demands for more cars and more facilities for transporta tion. The figures as given out at the gen eral manager's office yesterday show a very material enlargement of equipment. Ore Sacks Awaiting a Car. GOLD HILI,j Or.. Dec. 6. (Special.) Five hundred sacks of ore are stacked up at the depot at this place from the Mears & Hon" mine on Sar dine Creek, awaiting a car for ship ment to the Tacoma smelter. " This property Is now being worked under ieasc and bond by G. R. Harms and associates, of Cincinnati, O. Small Delinquent Tax Roll. OREGON CITY, Or.-. Dec. 6. (Special.) The delinquent roll for the year 1D05, as reported to the County Court today by Sheriff Beatie, represents in the aggre gate only $2200 on a roll that amounted to more than S217.000. A majority of the unpaid taxes consists of assessments on timber lands that have been allowed to lapse. Great Strides at North Bend. NORTH BEND. Or.. Dec. 6. (Spe cial.) According to the most reliable business barometer. North Bend has made wonderful strides during the year. The postoffice receipts for the month of November, 190fi. not includ ing money orders, are 93 per cent in excess of the receipts for the corre sponding month last year. . The Roosevelt Bears The jolliest book of all the year, . Chock full of fun , from ear to ear. Crammed with mischief from nose to paw, And the funniest pictures you ever saw. Teddy-B is black and wise and brave, And makes bad boys and girls behave; While Teddy-G is gray and gay, And cuts up antics every day. You can buy this book in any store, And you'll wish you had a hundred more Beautifully bound and attractively illustrated tcith humorous pictures, sixteen of them being in colors. For sale by the trade everywhere. Mail or express prepaid to any address on receipt of $1.50. Size of Book, S'i x 11 Ins. Contains 18 pages w j a ox e . cuwaru aiern ot vo. Incorporated PUBLISHERS lis N. Twelfth Street PHILADELPHIA " But the play that caused the biggest laugh Was when Teddy-G on a big eiraffe. And Teddy-B on a camel's hump. Tried who could make the highest jump. Or could make the best speed 'round the track From start to finish, four times and back." FIGHT TO BE BITTER Trial of Chester Thompson Is Begun at Tacoma. SLAYER OF JUDGE EMORY Counsel for Defense Opposes With Vigor, but Unsuccessfully, Ap pearance of T. X. Vance for the Prosecution. TACOMA, Wash., Dec. 6. (Special.) The selection of the jury that is to try Chester Thompson, the slayer of Judge George Meade Emery, of Seattle, for murder in the first degree, was begun today before Judge Snell. in the Superior Court. At the conclusion of a session that began at 10 o'clock six veniremen had been examined and five jurors had been passed for cause. Under the law. the defense 14 entitled to 12 challenges, and. the state six.. Even with five available jurors secured, both the prosecution and defense believe it will take all of Friday and the major portion of Saturday to get the jury- after all challenges are made. Both sides are agreed on beginning the testi mony Monday morning. The first flash of the bitter fight that is beginning came when William Morris leading counsel for the defense, vigorously opposed the appearance of Thomas N. Vance, of Olympia. for the prosecution. The latter is a former Assistant Attor ney-General of the state and a criminal lawyer of note. Mr. Morris contended passionately that Mr. . Mackintosh and those associated with him in the office of the Prosecuting Attorney of King County are of such legal acumen and ability that private counsel or advice is prejudicial to the defendant. Judge Snell, however, ruled that it was proper for 'Mr. Vance to come into the case. The defense objected again, and saved its exceptions, whicu will be . the first point m an appeal to the Supreme Court should one be taken. While no direct statement has been made by the defense, it is indicated by the drift of the questioning of the venire men by Mr. Morris that insanity will be the plea, as has been frequently an nounced. Mr. Morris was handicapped In his ex amination of the jurors yesterday by the absence of Attorney V. P. Reynolds, of Tacoma. To counteract the presence and knowledge of Pierce County men of Mr. Reynolds, the state sprang a surprise by introducing Assistant Prosecuting At torney Walter M. Harvey, who is ac knowledged one of the keenest interroga tors in the Northwest. As an indication of the line on which the defence intends to conduct its case, Mr. Morris propounded to each venire man examined this question: "If by the evidence and under the In structions of the Court, it is proved that at the' time of firing the fatal shots Chester Thompson was under mental de rangement and could not distinguish right from wrong, or that he lacked suf ficient power of the will, while able to distinguish right from wrong, to do the right and avoid the wrong, would you in such circumstances convict him of mur der in the first degree, knowing that the penalty is death?" This was vigorously objected to by the state, but Mr. Morris succeeded in get ting an answer by putting it in differ ent language, while retaining the ques tion's purport. Under instructions of Judge Snell. jurors were permitted to say whether they would give to the defense of insanity for the commission ot homi cide the same consideration and Impor tance that they would by other evidence introduced. Jests Drive Front Joh. SPOKANE, Wash., Dec. fr. The Washington Water Power Company is having all kinds of trouble as a result of an order issued to the street car conductors. The order was that con ductors commence to collect fares at the rear of the car and walk back wards through the car while collecting fares. Already a number of conductors have quit the service, stating the jests and gibes of the passengers were Intoler able. Why the order was issued has not been explained. The conductors have been falling over passengers In their attempt to obey the order, and have stepped on many.' The passengers do not like the new order any more than tne conductors, put are able to see the humor in it- more than the nickel-takers. x Interstate Commissioners Coming. SPOKANE. Wash.. Dec. 6. (Special.) The hearing by the Interstate Commerce Being the Travels feSSSJe S3 IM SEYMO 'mmm7 v. f ti vtrj m ' II-- SC 1 Commission of Spokane claim that the Inland Empire is being discriminated against by railroads in favor of Portland. Seattle and other Coast points, will be held in this city some time In the mid dle or the latter part of January. H. M. Stephenson, the attorney repre senting the Chamber of Commerce, has received information from Chairman Knapp, of the Interstate Commerce Com mission, to the effect that members of the commission will make a Western trip in January and will be in Spokane that month. The entire- membership of the commission will not undertake the trip and but two or three members will be here. Sessions are to be held in Spo kane. Portland and Seattle. TWO SEGREGATIONS OVERLAP Rival Idaho Irrigation Companies Seek Control of GO.000 Acres. BOISE, Idaho. Dec. 6. (Special.)An interesting contest took definite form be fore the State Land Board today. It in volves 60.000 acres of land lying south of the Oregon Short Line, in the vicinity of Gooding. Two irrigation companies are asking for its segregation for reclamation under the Carey act. One is the. Twin Falls Company, which has put the great tract on the south side of the Snake under t " ELECTED MAYOR AND MEMBER , OF LEGISLATURE. .. . .V jr. fieorge F. Rodgers, of Salem. SALEM. Or., Dec. 6. (Special.) To frave honors thrust upon him has been th fortune of Gorga F. Rod gPTS, a younir business man of Salem. I.ast .Spring he yielded to the argu ments of many friends and became a candidate for the Ieirlslatiire, With scarcely any -.effort on his part he was nominated and elected. A momh ago there was a fceneral demand among Republicans of Salem that he become a candidate for the nomina tion for Mayor. After much hesita tion, with much unn illinnness he consented and was nominated and elected without opposition. He aoes to, the Legislature and to the Mayor alty unpledged, the people having elected him upon his record as a ' business man and public-spirited citizen. Rodgers is a bookbinder by occu pation, has resided in- Salem 14 years and is .15 years of axe. He Is . a good public speaker, a careful business man and a man of unspot ted private life. cultivation and i now seeking to re claim a tract of some 150,000 'acres on the north side of the river from the same dam. reinforced with a reservoir system. The other ia the Idaho Irrigation Com pany, which plans to irrigate 2TiO.O0O acres from a system of reservoirs for storing waters of Big and Little Wood River. The two applications for segregation over lap to the extent of 60.000 acres. The matter was set lor argument on Decem ber 20. Coos Bay Weather Is Satlsfacolry. NORTH BEND. Or.. Dec. 6. (Spe cial.) There is no complaint as to Coos Bay weather during the month of November. The coldest temperature was 28 degrees and the warmest 69 tregrees,- with a mean temperature of 50.64 degrees. The total precipitation for the month was 9.90 inches, the greatest rainfall in 24 hours being 1.85 incnes. Total precipitation from Sep tember 1 to date, 15.58 Indies. Lumber Prices Are Advancing. OAKLAND, Cal.. Dec. 6. A further ad vance of $1 per thousand on pine and spruce lumber and -from $2 to fj on red wood was announced yesterday by the Lumber Dealers Association, of Oakland. It Is said that the demand from the East is responsible for higher prices, as trans portation facilities are such that there is no immediate prospect of supplying the demand and causing a drop in prices. Ti ;i' Book and Adventures of TeddyB and Teddy-G Story by UR EATON Illustrations by LOYD CAMPBELL The biggest value for the money in a Children's Book ever offered to American and girls. Suitable for ell ages. More than a mil lion children, and tens of thousands of " grown-ups," have already en joyed this story as it appeared in se rial form in more than twenty lead ing daily news papers. CopyHirfct, w6. by Edw. v.cra & Co., Inc. CLANCY SHADOWS HIS WIFE SEATTLE WARD BOSS ASKS FOR DIVORCE. Alleged Misconduct of Mrs. Clancy at Hotel in This City Causes Her Husband to Bring Charges. SEATTLE. Wash.. Dec. 6. (Special.) John E. Clancy, First Ward Republican, "boss," bookmaker, sriloonman and well known character, harf brought suit for divorce from his wife, charging that mis conduct occurred during a trip to Tort land that cannot be bridged. Mrs. Clancy went to Vancouver. Wash., last October, to visit relatives, and from that place went to Portland. She Is said to have registered at the Oregon Hotel as Mrs. I. B. Smith, of Tacoma. Clancy made a hurried trip to Portland and re turned satisfied that his wife had given him grounds for divorce. If a fight is made, it is declared two prominent Seat tle men will be dragged into the ca.se. MAYOR REMOVES EXGIXEER Police Are Put In Charge of Office at Tacoma. TACOMA. Dec. 6. Mayor Wright to day removed Engineer Fuller, and di rected the police, to take charge of tlio office. Fuller was appointed to tnko charge of the proposed new water sup ply' from Green River, which he esti mated would cost $2,20.1.000. Fuller is charged by the Mayor with. Incompetency. Fuller was sustained by the City Council, although his estinuitu is far above the amount authorized by th special election for the water works project. Acting under instructions from Mayor Wright, and with no other authority. Commissioner of Public Works Wood.', Chief of Police Maloney and half a d'lzen clty detectives raided the private office of Hydraulic Engineer II. J. Fuller. In tin Provident building, thin afternoon and de manded all plans and estimates of the Green River water system. A few minutes previous to the entrance of the Intruders the Mayor had written a letter to Fuller discharging him as special City Engineer. The proceedings, noisily carried out. created great excitement In the building and on Iho street, particu larly on the apiwurance of the patrol wagon. It resembled more a police de scent on a gambling-house than anything else. Fuller took the affair coolly, and sent for his attorney. The latter refused to turn anything over to Chief Maloney, but the latter seized the maps and managed to secure possession of part - of them. Fuller's attorney then secured a restrain ing order, and a writ of replevin will be sued out tomorrow to regain possession of the records. Lively developments are expected tomorrow. It Is said the Mayor will fight the In junction In court, nod Fuller's attorneys say they have something important to spring. " None of the Councllmen will discuss the matter for publication, but there is an undercurrent of strong feel- . ing, which, it Is declared, will terminate in drastic action on the part of the Council, as suggested by Councilman Whitman, Tuesday night, when Mayor Wright threatened to oust Fuller. Regulars Win at Montcsano. MONT ES A NO. Wash.. Dec. 5. (Special.) The following ticket was elected at the municipal election held here Tuesday: Mavor. R. L. Shelley: City Clerk. N. D. McKilllp; City Treasurer, E. M. B'rench: Citv Attorney. W. H. Abel: City Health Officer, Dr. J. H. Fitz; Counciiman-at- Lartre Alex Nichols; Louncnmen tor two years. Eldridge Wheeler, George Lulham, George V. Ninemire. Contract Let for Can Factory. ASTORIA. Or.. Dec. 6. (Special.) A contract for the erection of a factory for the Kendall Can Company was let today to P. E. Stangcland and work on it is to be commenced at once. The building will be 50 by 320 feet and the plant will be equipped with all the latest and most im proved machinery for can-making. Black Diamond Miners at Work. SEATTLE, Wash.. Dec. 6. After being Idle for a long period, the miners at Black Diamond are again working. Ev ery mine in 'Western Washington is be ing worked to its full capacity, but still there is a scarcity of good coal In Seattle. There Is plenty of inferior product be ing sold at a high price. Good coal Is nearly exhausted. Xew Mill Does Good Work. GOLD HILL, Or., Dec. 6. (Special.) A 30-ton car of high-grade concen trates was shifped to the Tacoma smelter yesterday from the Braden mine at this place. This is a very- clean concentrate and attests to thu efficiency of the new mill lately erect ed on this property.