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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Dec. 15, 1906)
VOL. XLVI.-NO. 14,39. PORTLAND, OREGON, . SATURDAY, DECEMBER 190G. PRICE FIVE CENTS. 15, FATHER IN TEABS; BOY 15 UNMOVED Oramatic Scene ait the Thompson Trial. HEART PLEA OF BROKEN MAN Career of Scion of Family Af flicted With Insanity. FEW DRY EYES IN ROOM Will H. Thompson, Father of the Slaer. of Judge Emory, Lays 15n re the Skeletons in His Family History. TACOMA, Wash., Dec. 14. (Special.) For three hours and forty minutes Will II. Thompson stood before the 12 men today who are to try lils son, Chester Thompson, for his life, and de tailed from the boy's birth to the pres ent time his strange and eccentric ca reer in a narrative which for pathos has never been equaled In the criminal courts. It was a great, earnest heart pica of a crushed and broken father, and at its conclusion, when the aged attorney, with choking voice and tear stained face, and head and shoulders bowed with the weight of his great griff, felt his way to bis seat, there were few dry eyes or clear throats in the courtroom. "Whatever your verdict, gentlemen, almost sobbed the parent, 'I havo lost my boy, I have lost my boy. Women cried audibly behind their handkerchiefs, and strong men, attor neys used to scenes of grief In court rooms, furtively dashed a hand across their eyes and swallowed lumps in their throats. Maurice Thompson, with tears streaming down his face, made his way to the back of his father's chair and put both arras over the drooped shoul ders. Oscar Thompson, showing equal emotion, remained by the side of the accused and struggled for composure. Slayer Shows No Emotion. Chester Thompson was in all that throng tho least moved. Never ' once did ho look toward his parent, and not even when his father was describing the last movements of tho paralyzed mother and repeated hor injunction, "Take care of our Chester," did his ex pression change. The opening statement of J. F. Miller, Assistant Prosecuting Attorney for King County, was very brief, lie recited the facts of the killing and declared that murder was born in Thompson's heart when Judge Emory refused to permit Chester to again call upon Miss Whittle sey. When Mr. Miller closed, Will H. Thopmson arose and addressed the jury, saying in part: "Insanity has been in our family for many generations. Chester's great-great-grandmothcr was insane, with lucid in tervals, from the time her first child was born until her death. Two of his aunts ere insane all their lives, Joel Lee, an uncle, upon his mother's side, was insane all his later life. Joel Lee's sister was Insane from the time she was a girl. Ella ' West was married at the age of 20 and shortly afterward became insane, and is now in an insane sanitarium at Colorado Springs. Uncle's Mind Affected. "My brother Tom was afflicted through his life, lie died at the age of'4D, and never was able to learn to read and write. "My brother Maurice, a man of splen did intellect and a literary toiler all his life, was for two years a sufferer from insanity, but recovered- and did his best work afterward. He was of that high- strung nervous temperament which has been both a blessing and a scourge In our family. "Chester was born at a time when financial: calamity bad overtaken me. The mother was in great distress. Wheth er this affected Chester I do not know. But the hoy was born healthy." Mr. Thompson made no argument what ever, but simply recited tho strange do ings of the boy from his babyhood, whfn he was a forward, interesting chilA to bis later days when he was so shy and diffident, melancholy and indifferent that not one member of his family could get out of him moro than a mere yes and no and when the consuming desire of his life was to sit at a distance and look at Charlotte Whittlesey. Tomorrow the iirst witness for the state will be called. GREATEST OF LINGUISTS Dcntli of Jeremiah Curtin, Learned in Seventy Languages. BRISTOL, Vt., Dec. 1-1. Jeremiah Curtin, the distinguished linguist and philologist and well-known as a trans lator of Russian and Polish novels died here today of Bright's disease. aged 66 years. Ho was professor in 70 languages, excelling as a linguist, it is said, any other man. After his graduation from Harvard in 1863 be became secretary of the United States legation in Russia and later acting consul there. For many years' he was actively engaged ' in special work for the Smithsonian In- iujiutioa yisitias xnaoz countries and. studying the language and folklore of the people. As an author he was best known as the translator from the Polish of the work of Henry Sicnkic-wiecz. ONLY GRANITE IN SACKS Mining Mali Causes Seller's Arrest for Buncoing Him. SALT LAKE CITY, Dec. 14. As the result of a disagreement over a mining deal for a property in Boise County, Ida ho, Samuel Newhouse has had Lee Bunch arrested on a charge of obtaining $3700 under false pretenses. Newhouse says he paid Bunch that amount on representation that an amount of ore was mixed and sacked on the property, while in reality the sacks contained granite. Bunch says Newhouse made the initial investment, then sent his expert M. M. Johnson up to examine the mine aud on his report decided to invest $50,000 more In development work and finally repented of his offer. Newhouse is a prominent mine owner operating in all the Western states. SIX SPECIAL MESSAGES DUE President Will Discuss Vital Ques tions With Congress. WASHINGTON, Dec. 14. Six special messages are to be sent to Congress next week by President Roosevelt. They include one on the naval person nel bill, which contemplates the nnore rapid retirement and promotion of the officers of the Navy: a message trans mitting Secretary Metcalfs report on the alleged discrimination against the Japanese In San Francisco; a special message on Panama; a message on the public land question; transmitting Sec retary Taft's report on Cuba, and a re ply to the Senate resolution calling for information regarding the discharge without honor of the soldiers of the Twenty-fifth regiment of colored in fantry. WILL INCREASE ITS CAPITAL Northern Pacific Announces Issue of $03,000,000 New Stock. NEW TORK, Dec. 14. The expected financial plan of the Northern Pacltic Railway Company was niade public late tonight. It provides for an increase in the capital stock from $155,000,000 to $250,000,000. A special meeting of the stockholders is called for January 7 to authorize the proposal. A right to sub scribe to $93,000,000 of the new stock at par in proportion to the respective hold ings of the present stock is to be offered to shareholders of record December 31. GIVES UP DOWER RIGHT Kirs. Dowle Assigns All Interest in Zion City. MUSKEGON. Mich., Dec. 14. Mrs. Jane Dowie today formally signed away her dower interest and any claim she might liavo on any Zion City property, receiving in return a deed to the Dowio Summer home on the shores of Whito Lake In Northern Muskegon County. Tho transaction does not affect any property that John Alexander Dowie may own outside of Zion City. ' . Otsler's Mother a Centenarian. NEW YORK. Dec. 14. A message from Toronto sajs that Mrs. I-'catherstone Os ier will celebrate her 100th birthday to- dav. She is the mother of four distin guished sons. Judge Osier, of the Ontario Court of Appeals; E. P. Osier, M. P.; Dr. William Ottler. reslus professor of medi cine in the University of Oxford, and the late B. B. Osier,- who was a prominent lawyer. Dr. Osier gained public notice recently by a statement credited to him that the end of human usefulness comes at the age of 60 years. CONTENTS TODAY'S PAPER Tbe Weather. YESTFTRDAY'S Maximum temperature, 42 degrees; minimum temperature. .16 deg-r-p-e. TODAY'S) Fair and continued cool; easterly winds. Kaiser in conflict with Clericals and Social ists.. Page 1. Archbishop of Paris finds way to retain churches of France. Page 7- Mexican government takes control of rail roads. Page 4. lattle hope of King Oscar's recovery. Page 3. National. House raises salaries of Cabinet and "Vice President, not of Congress. Page 5. Probable action on coal land question. Page 1. President will endorse ship subsidy in spe cial message. Page 3. Hoyburn's plan for land courts. Page Ifi. Movement for drainage of swamp land by Government. Page 13. Roosevelt calls conference on Standard Oil cases. Page 1. Domestic. North Dakota and Minnesota without fuel while blizzard rages. Page 4. Lionel SlaKK-a wanted by New York po lice. Page 4. Mrs. Adams tells of efforts to reconcile Broun with Mrs. Bradley, page 3. Steamer wrecked near Duluth and many lives lot. Page 1. Sport. Bicyclists disgusted with management of race. Page 7. Pacific Coast. , W- H. Thompson, in dramatic speech, tells of the cases of insanity in his family. Page 1. Captain Forest, of the schooner Annie Lar . sen, is charged with the murder of Georgu Irish er, a sailor. Page 6. Wife of ex-Hev. Henry Austin Adams sur prises recreant spouse and ' secures di vorce. Page tl. Throe children hurnrd to death near North Yakima- Pagt 6. French restaurant-keeper testifies to pay- ins "protection money to ADe liucr. Page 4. Commercial and Marine. Hop market active at steady prices. Pago 17. Sharp in" Mammoth on local exchange. Page 17. All grain markets weak. Page 17. Stronger tone in New "Sork stock market. Page 17. . . . Portland Lumber Company buys steamer Excelsior. Page 10. Portland and Vicinity. Mayor Reod. of Estacada, convicted in Sell wood election fraud case. Page 10. Frank Z. Johnson, of Boise, says Mormons are flocking . into Eastern Oregon. Page 12. Lumbermen tc hold National convention at Chicago to discuss car shortage. Page 12. Kussell & Blyth behind f.00,00n theater, to be built on Sixth street. Page 1'-. Citizens appeal to Council to stop Masting X yumA tint auarry. Pajco 10. , SEEKS SOLUTION OF COAL PROBLEM Congress Given, Hard Nut to Crack. WOULD LEASING CURE EVILS ? Western Man Says It Would Only Buttress Monopoly. DEFECTS OF PRESENT LAW Railroads Practically Forced to Su born Perjury in Order to Get Coul Action at This , Session Likely. ' OREJGONIAN NEWS BUREAU, Wash ington, Dec. 15. Strenuous efforts will be made at the present session of Conaress to secure the repeal or modification of the coal land law along: the lines recom mended by President Roosevelt in his message. That something will be ac complished sems quite probable, but what form of law will be substituted for that under which gigantic frauds have been perpetrated has not yet been made ap parent. The influence of the administra tion will be behind a bill proposing to cut off further sales of Government coal land, though' permitting them to be worked by individuals or companies on a royalty plan. Because of the importance of this topic, the exact recommendations of the President may 'well be repeated. In his message he said: It Is not wise that the Nation should alien ate its remaining coal lands. 1 have tem porarily withdrawn from settlement all the lands which the Geological Survey has indi cated as containing, or in all probability containing coal. Trie question, however, can be properly setled only by legislation, which in my Judgment should provide for the withdrawal of these lands from sale or from entry, save in certain especial circumstan ces. The ownership would then remain- in the United States, which should not, how ever, attempt to work them, but permit them to be worked by private Individuals under a royalty system, the Government keeping -eucteeerol as to permit it to see that no excessive price Is charged con sumers. It would, of course, be as neces sary to supervise the . rates charged by the common carriers to transport the product as the rates charged by those who mine it; and the supervision must extend to the con duct of the common carriers, so that they shall in no way favor ono-competitor at the expenses of another. Tho withdrawal of these coki lands would constitute a policy analo gous to that which has been followed in withdrawing forest lands from ordinary set tlement Tho coal, like tho forests, should bo reated as the property of the pxibtlc and Its disposal should be under conditions which would inure to the bencilt of the pub lic as a whole. Law Based on Valso Theory. The President, like every practical "Western man, knows that I he existing coal land law is not sensibly framed. That law was built on the theory that tho individual could take up and develop a quarter section of coal land, just as the homestead law gives the individual a. llke area of agricultural land. But no individual can develop a quarter section or a whole section of coal land. He could not afford to install the necessary ma chinery, or if ho could, bis profits on ' ' THRU! . , : ill,, w. rMftwf? I84JM U i mm suuw) n n quarter section would ijot recompense him for the outlay. Moreover, no railroad would think of building a spur onto an isolated quarter section of land and the owner of the land could not afford to assume that expense. So the individual with a quarter section of coal land in his possession would have a white, or rather a black, elephant on his hands. The mineral wealth might be there in abundance, fcut he could? not get it out and could not get it to market. It is conceded by every one who has made a study of the situation that the development of coal deposits is not a matter for the individual,, nor is it a matter that can be handled on a small scale. It requires capital to open and operate coal mines, and capital will never enter a new field unless it is sure to have sufficient range to guarantee a profit on its investment. Once the ma terial field i3 opened, the railroad will build its spur, but not until then. This being the fact, tho coal, land law must be amended In a way that will permit capital to obtain title or obtain legal right to develop a reasonable area of coal land, and must not be restricted to a quarter section or even to a section. Inducement to Perjury. The present law', unwise and imprac tical as it is, has been an inducement to men to commit fraud and perjury, for by no other means could large companies de velop the coal regions of the West. The railroad companies, for instance, had to have coal; they could not afford to haul it from the East, particularly when they had it along their own lines, yet under the present law there was no means by whicli they could legally obtain title to the coal fields which they sought, honest ly or dishonestly, to enter. The law would not permit them to purchase or even to lease large areas of coal land; they could not get sufficient coal by opening up little quarter section tracts, so to save themselves and to get coal for the people living tributary to their lines they were- compelled to buy up coal en tries made by individuals, and in order to get an adequate area they -were literal ly compelled to induce men to commit perjury in order that they in turn might have the privilege of working the land which, was absolutely useless in the pos session of individuals. Men who have talked this matter over with the President are satisfied that the President takes a reasonable view of the- coal land situation in the West, and while he does not excuse the railroads for inducing individuals to .commit perjury, he realizes tfie force of circumstances that induced them to take this step, and he is not in hearty sympathy with the "roar" that has been raised by Secretary Hitchcock in the past few weeks. The same view is generally entertained in Congress. i Argument for Royalty Plan. How to cure the evil is a question for Congress to decide, and some solution is likely to be forthcoming this Winter. Some favor a change in; the law in creasing tho--arfkvof coal land that may be "burchased by individuals or by companies or corporations to such size that they can profitably invest and put the coal on the market. These men would increase the price of coal land so that the- Government would reap a larger benefit from the sales. This plan, however, lias not the approval of the President. He believes that the titlo to all remaining coal land should remain in the Government, his idea' be ing that if the Government holds tho title, it can prevent tho upbuilding of a coal monopoly in tho West such as has been developed ire Pennsylvania. If title should pass from tho Government, there would be-no check upon the own ers of the Western coal fields. Senator Hansbrough, of- North Da kota, chairman of the Senate committee on public lands, has already introduced a bill along the lines laid down in the President's message, directing that title to coal land shall remain in the Gov- (Concluded on Page 3.) STANDARD CASE HANGS 0 THREAD Hiatus of One Day May Kill Indictments. FEDERAL LAWYERS IN COUNSEL Did Rate Law Repeal Elkins Law on Passage? IF SO, TRUST IS IMMUNE Roosevelt Summons All Legal forces to Prepare Keply to Octopus' Claim of Pardon for All Past Offenses. STANDARD'S CLAIM JOB FOK CrVENJESS. The Hepburn rate law, as passed, took effect Immediately, that is on June 29, 1006. It repeals the Elkins anti-rebate law and substitutes new provisions against rebating. A Joint resolution was passed on June 30 providing that the Hepburn law should take effect 60 days after passage, that Is, August 28. The Standard Oil Company was indicted under the Elkins law on August 27, one day before the Hep burn law replaced the Elkins law. The Standard attorneys maintain that the Elkins law was repealed immediately upon the approval of the Hepburn law oil June 2-0 and was not revived until the President signed the Joint resolution of June 30. but that its revival could not affect offenses committed prior to June 29. The Government maintains that the Hepburn law and the Joint reso lution were one legislative act and that therefore tlja Elkins law was not repealed until August 28 and was continuously in force until then. If the court decides for the Stand ard, all the Indictments at Chicago, Jamestown, N. . '., St. Louis and,, elsewhere will be void. If the Gov ernment wins, .the prosecution will go on. CHICAGO, Dec. 11 (Special.) Every available force at the command of the Government is to be brought to bear to defeat John I. Miller's doctrine of rate law pardon for Standard Oil, and a con ference under the eyes of President Roose velt and Attorney-General Moody will bo held in Washington Monday to patch Up legal fences. District Attorney Edwin W. Sims and James , H. Wilker., special counsel for the Government In the Standard cases, were directed by telegraph from Wash ington today to go to the National capital to attend the conference and to talk over personally the details of the situation, which admittedly has created consterna tion in administration circles. Telegrams flew back and forth between Chicago and Washington all day relating to different phases of the question. The message which Mr. Sims sent to the Attorney-General when Judge Landis made it clear that his decision depended on tho actual moment the rate law be- -came effective did not succeed In getting any information from Washington which could be presented as evidence to the court. On. the contrary, tho call for . conferencft between the Government's legal representatives was issued from headquarters. It is the expectation that in the conference will sit the entire force of United States District Attorneys, -special counsel and the array of special in- j vestigatora who have been on the trail of Standard Oil ever since the President gave the order which laid the foundation for the many indictments which have been returned against the oil company in j a half dozen United States Courts. May fail Like Beef Trust Cases. ' Intimation comes from Washington that there Is grave' fear that the position which Judge Landis appears to be taking, so far as the Miller, contention goes, presages an end to the Government's on slaught on rebating. It seems not to be concealed in the higher circles that there is fear the oil prosecutions will fail al most as spectacularly as did tho beef cases, when the Immunity bath plea of Mr. Miller relieved the individual pack ers of further danger of attack. Another taw to Rely On. Mr. Sims. Mr. Wilkerson and Assistant District Attorney Hanchett, who handled the arguments on the Government's part before Judge Landis. do not share in the temerity which is expressed at Washing ton. Mr. Sims is positive in his faith that, even if the plea of Mr. Miller is held good that the rate law was effective for a single day on June 29, section 31 of the revised statutes makes the case of the Government absolutely good and pro tects the Government's indictments wherever they have been returned. The rate bill prowded that it should become effective "from and after its pass age," and finally was passed when the Senate accepted the conference agreement June 23. This the records show. On June 30, after a conference with the President, a Joint resolution was passed providing that the law should not become effective until 60 days after its passage, or on August 28. Through an error of the public printer this resolution was not sent out with the newly enacted law, and it was a week later before the mistake was rectified. . Mr. Miller in his argument held that the new law was in effect from June 29 to June 30. and that it thereby repealed tho Elkins law and changed the circumstances under which criminal prosecutions for il legal rebating could be brought. Tho pass age of the joint resolution brought back the Elkins law into temporary life, but, he contended, could not be retroactive in re-establishing the crimes which might have been committed Under the old law and which were wiped out by the pass age of the later measure. Mr. Sims declares that to all purposes and intent the law and the joint resolu tion were one legislative enactment and that the rate law could not and did not. become effective in any provision until August 2S. The Chicago indictments' were returned August 27. and thereby be came "pending causes," which, by section 10 of tho law, were not to be prejudiced by the enactment ot the new lcgisiation. Mr. Sims alto contended that, even wero the Standard Oil position well taken, sec tion in of the revised statutes of the United States was sufficiently broad and plain to protect tho Government in bring ing the present prosecutions. This section provides that the courts in construing Congressional statutes shall hold that unless there isa "saving clauso" express ly exempting from prosecution those who might be prosecuted under the law re- pealed by the new act, then pending causes shall be proceeded with, just as though tho old law had not been re pealed. HARVESTER TRUST'S PLAN'S Morgan Promotes Scheme to Convert Stock and Change Control. CHICAGO, Dec. 14. The Post today says: Unless the plans which are sanc tioned by J. Pierpont Morgan and agreed to by the holders of at least JIOO.000,000 out of fn2O.0O0.OO0 of the capital stock of the International Harvester Company fall through, February 1, 1907, should see the complete financial reorganization ot the great farm implement trust. Tenta tive contracts which have been signed by the chief stockholders call for the Inver sion of fl25, 000.000 of capital stock of one class into a like amount of new stock divided into $60,000,000 7 per cent cumula tive preferred and tCO.WO.OoO common stock; the retirement of several interests of active management of the company and a general, change in the staff of offi cials. The expectation is that the new securi ties will be listed on the New York Stock Exchange, which, if the plans are carried through, will . give the stockholders a broad market for their securities and en able them to retire, if they desire to do so. LUKE STEAMER IS LOST MAM.STIQl'K MISSINti WITH 31 MEN' NEAR DILlTll. Tug Crosby Collides With Her and Loses Man llnds Her Tow Disappeared In Storm. DUT.UTH, Minn., Dec. 14. The wreck ing steamer Manistique and the steamer Ireland collided near. here tonight. Tho Ireland was disabled. The tug George Crosby, which was assisting the Manis tique. took the crew off the Ireland and in doing so one man was lost. The C'rosbs- came Itito Baytield, reported the loss of life and returned to look for the Manistique. but at a late hour to night reports that she is unable to find any frace of her. It is feared that the boat and her crew of 31 men is lost. There Is a heavy sea running and the Ireland, which is at anchor near Apostle Island, is In danger. Siberian Grain for Relief. ST. PETERSBURG. Dec. 14. The gov ernment has purchased 6.000,000 bushels of grain In Western Siberia, where there has been a big grain harvest this year, at comparatively low prices. This grain will be hauled into the famine-stricken prov inces with, all possible dispatch. EXTREMES ALLIED AGAINST KAISER Clericals and Socialists Oppose Him. HE APPEALS TO FATHERLAND Hostile Majority in Next Reich ., stag Larger. CLERICALS HOLD CONTROL Defeat on African Budget Dno to Their Defection and Contest With Pope May ResuU Constltu-. ' tional Crisis' Near.' BERLIN', Dec. 14. (Special.) A con test between the Kaiser and the Pope, overshadowing the Russian convulsions, will result from the dispute between Emperor William and the Reichstag. This is the prediction of political prophets on the outcome of the new elections. Forecasters assert that the anti-government majority in the next Reich stag will be stronger than in the one just dissolved. The opposition will ob struct the Kaiser, step by step, bring ing on a deadlock not only in the colo nial bureau, but also In the foreign, naval, military, and domestic depart ments. Germany Is plunged into what is uni versally regarded us tho greatest crisis in its imperial history by the revolt of the Reichstag in refusing to pass the Southwest African military budget. The Kaiser's fearltos stroke in call ing upon the Katherland to elect a new Reichstag' was filled with a proper sense of patriotism. The step was a momentous one, as the Emperor has no assurance that the country will re spond to his call. If it does not, and if the voters again hoist the flag of Catholicism and Socialism above the Reichstag, the Kaiser will find himself in the anomalous- position of being un ablo to continue a constitutional gov ernment nloiiK the lines on which he .thinks it should bo conducted. One-third of Germany's 60,031,000 in habitants are Catholic. This minority by standing together in a. solid phii lanx has for years been able to control Parliament. In fact, it has been tho Clerical party to which the Kaiser nas looked for support of most of his poli cies. The Kaiser wished to keep SOOO troop3 In Southwest Africa, but a ma jority in the Reichstag, by a vote of 17 to 16S, refused to vote more money than was needed to support a force of 2000 men. KAISER AND CHANCELLOR TALK All Germany Prepares for Election of New KcicIiNtag. BERLIN, Dec. 14. Emperor William lunched with Prince von Buelow at tho Chancellor's palace today, and, presum ably they discussed the political situa tion brought about by the dissolution of Parliament. The Emperor and Chan cellor have been in complete accord throughout in the treatment of Colonial questions and in the desire to relieve the government from dependence upon the clerical party. The imperial government and the Vati can have got along fairly well since the beginning of the late Prince von Hohen lohe's Chancellorship, but the critical attitude of the Center or Clerical party of recent years has been annoying to ad ministrative and court circles. It is not intended to completely break with the members of the Center party, but only to show them that they are not indispens able. The leaders of all the party groups and many of their followers have held caucuses in the committee rooms of the Reichstag today. Pay Taxes for Religious TcachWig. LONDON, Dec. 14. The House of Lords has reversed the decisTon of the Appeals Court in the West Riding caso In regard to the payment of rates for religious instruction aud holds that the county councils are bound to pay for the whole curriculum, religious as well as secular. The law Lords thus uphold the original interpretation of the act of 190:;, under which the "passive re sisters," headed by Rev. Dr. Clifford, were fined and Imprisoned. Had the decision been otherwise the l:vy ot rates for the payment of religious in struction would have been illegal and the Nonconformists would havo gained one of the many of tho points for which the president of the Board of Education, Mr. Birrell, is fighting, with the education bill, and would thus have made them more or less "indiffer ent to the fate of the educational measure. King Haakon to Visit Kaiser. LONDON, Dec. 14. King Haakon. Queen Maud and Crown Prince Olaf, of Norway, left London this morning for Germany. They will spend a couple ot days with Emperor William, at Berlin, before- returning to Chrlstiania. King Edward, the Prince and Princess of Wales, Dr. Nansen, the Norwegian Min isters and others gathered at the statitm to bid farewell to the royal travelers. Death Still Hovers Over Shah. LONDON. Dec. 14. A private telegram from Teheran announces that the Shah's condition continues critical.