Image provided by: University of Oregon Libraries; Eugene, OR
About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (May 21, 1907)
; jx - VOL. XL, VI XO. 14,493. PORTLAND. OREGON, TUESDAY, 1907. CENTS. MAY 21, t ' if . ... i U DEFENSE SHOWS IIS Hired Agent Testifies for Haywood. HAD CANVASSED PRECINCT Admits Receiving Regular Wages-for Work. ALL CITIZENS ON RECORD Jaror Flatly Contradicts Charge of Prejudice Bitter Quarrel Be tween Socialist Editors Corre spondent Puts Spy to Flight. HID PLAIT BOISB, Idaho, May 20. Speclal.) Much surprise Is expressed among men who have been present at many great trials over a blunder made by the defense to day In attacking John Fisher aa a Juror. The latter had been passed previously by the state and Mr. Darrow had reserved the right to question him farther. Today the questioning occurred, Mr. Fisher be ing asked If he had made a statement to the effect that the accused men should be strung up.. Mr. Fisher denied It em phatically. Mr. Darrow challenged the juror on the ground of actual biaa. and P. P. Allen was sworn as a witness In support of the challenge. In answer to Mr. Darrow's questions he said he was a rancher and carpenter; that he lived on a ranch near the fair grounds. He said he came to Idaho from Cripple Creek, Colo. He said he met Mr. Fisher in his orchard and that Mr. Fisher said he knew the "outfit" in Colorado and that they all ought to be strung up. In answer to Mr. Hawley, Mr. Allen said he had been employed by the defense to poll Maple precinct; that he had been working for about ten days. He said he had done his work at home. Hired Agent for Defense. "Did the people of your precinct come to your house to tell you how they stood In the matter?" "No, sir; I just made notes on what I had heard them say previously." The witness said at the time Mr. Fisher had spoken to him he had taken notes. In reporting him to the attorneys for the defense the witness had relied on his memory. The witness said he was getting $3.50 a day from the defense, the same as he got for doing carpenter work. "Are you getting pay for today's work?" "Yes, sir." "Are you doing any other work besides appearing here as a witness?" "No, sir." After some further questioning the wit ness was dismissed and Mr. Fisher wat examined by the state. He denied that he had ever made euch a statement to Mr. Allen. He had talked with the latter and he might have said that the men should be hanged if they were guilty of the. crimes charged against them, but he had never passed upon their guilt or In nocence. The challenge was overruled by Judge Wood and the Incident passed, leaving a rather unfavorable Impres sion on the audience, particularly the bold admission of the fact that men were employed to canvass public sen timent. In examining jurors the defense re fers to typewritten records, seeming to have a record of nearly every man called. In making the examination of one man today, Mr. Darrow had In his hand a record of that kind covering 11 typewritten pages. When court closed this evening there remained nine of the special venire called soon . after the trial opened, and nine more peremptory challenges, five for the defense and four for the state. It will be neces sary to Issue a venire again tomorrow and It may require 70 or 80 to get the jury completed, though .better head way may be made tomorrow than to day. In today's work, 18 men were examined and only two passed for cause. Socialist Editors In Feud. An interesting fight Is on between rival Socialist papers here. George II. Shoaff, of the Appeal to Reason, has denounced Dr. Hermon F. Titus, of the Seattle Socialist, as a traitor. Dr. Titus has published an article denying the charge, and challenging Mr. Shoeff to point out any act or work of dis loyalty. Dr. Titus Is rather mild In his reports of the trial, while Mr. Shoaff is radical in the extreme. Mr. Shoaff regards Dr. Titus' moderation as an evidence of disloyalty, and is warning Socialists against him. Dr. Titus is also "at outs" with John F. Nugent, attorney for the defense, hav ing charged the latter and some of his associates with endeavoring to Induce the Socialist candidate for Judge in the Caldwell district last Fall to re tire In favor of the Democratic candi date. Mr. Nugent treasures it up against him, and the incident probably prejudiced Dr. Titus with all those en gaged on the side of the defense. Thomas D. Callahan, one of the old time attorneys of this section, has been added to the list of defense law yers. He has lived here since the set tlement of this valley began, more than 40 years ago. The espionage of the defense con tinues; its agents are watching every body. Last night they gave a corre spondent an uncomfortable hour by following him to his room and then trailing him on the street when he re appeared. Ha had observed the shadow before. and tried to throw him off without effect. To test the matter thoroughly, he went up an alley and dodged behind a building. The shadow soon came up, looking carefully for him, and fled when asked what he was doing. Mt'ST CALL ANOTHER VENIRE Almost Every Possible Juror Proves Tainted With Prejudice. BOISE, Idaho, May 20. It seems in evitable that the Steunenberg murder trial must be halted agam tomorrow to permit the gathering of another special venire of 'talesmen. When the session of today ended, only 11 out of 20 peremptory challenges had been Freil A. Bnmr. Mayor of Chlcasro. t Who Removes Majority of j School Board. used, and but nine of the 100 veniremen gathered a week ago remained un called. The remaining nine will hardly furnish grist for a day's work, so some time tomorrow Judge Wood will prob ably adjourn the trial for at least a full day and send Sheriff Shad Hod gin forth in quest of 50 additional talesmen. The vacancy created by the ninth challenge, made on Saturday, was open when the trial was resumed this morn ing, the vacancy created by the elev enth challenge was open when court adjourned this afternoon and the dif ference between the two suma up the little stride forward of today. Joseph Chlnn, of chair 8, challenged by the defense, and William . McGuff,ln, of chair 6, challenged by the state, were the men of the old crowd who went down today. George Powell and Lee Scrivener were the two men who passeded muster today, the first-named for the vacancy made by the ninth challenge, the last-named by the tenth challenge. They are both farmers, and Mr. Scrivener was formerly a sheriff In Kansas. Agent of Defense Smoked Out. Sixteen men were examined and ex cused for cause. Most of them had deep-seated opinions as to the guilt or innocence of William D. Haywood and went down for bias challanges ' from the state. Two of the 16 had scruples about capital punishment about hang ing a murderer on circumstantial evi dence. The examination wearily droned its way over the same old ground, al though the defense has narrowed Its range of questioning. It asked noth ing today about the Roosevelt letters and the Taft speeches, but devoted much attention to possible local pre judices and the existence of general prejudice against Socialists. Good humor has come back to coun sel and they joked and played ' back and. forth all day, and the laughter of an easily pleaeed crowd frequently sounded through the room. Only once was the easy swing of the day broken. The defense returned to John Fisher and questioned him as to a conversa tion with C. P. Allen, a local Socialist, In October last. Mr. Fisher was at first certain that he had not talked with Mr. Allen, but when Mr. Allen came forward, the Juror said he recognized the man. Mr. Allen was sworn and testified that Mr. Fisher had said that he knew of the acts of the accused in Colorado and that they should have been strung tip before they were brought to Idaho. Mr. Fisher main tained that he did not say anything of the kind, but thought he might have aid that, if the accused were guilty of the things done In Colorado, they should have been strung up. James H. Hawley, leading counsel for the state, questioned Mr. Allen at length and brought from him the state ment that he was employed by the de fense to poll his precinct, that he was paid $3.60 per day when he worked, and that he was under pay today. Judge Wood failed to sustain the challenge of Mr. Fisher, and he remains In the Jury box for the time being. T. D. Cahalen, an attorney of Boise, joined the defense as associate counsel today. He makes the eighth of counsel for the defense participating in the trial. The trial goes oh at 9:30 in the morn ing, and In the future that will be the hour of convening, and adjournment will be at 4 o'clock. Had Read Socialist Papers. When the court session opened, Clar ence S. Darrow, for the defense, con tinued the examination of T. C. Declercq, a rancher, who was called Into seat No. 6 in the Jury-box Just before court ad journed last Saturday. After a long ex amination, Mr. Declercq declared that his mind was pretty well made up. He was excused. Nearly half an hour was consumed In the examination of the next talesman, George W. Masters, a rancher, who came to Idaho from Kansas. He finally asserted that the opinion which at first he had stated was not a fixed one, but would t jin 1IIIIIHII II I I .11111 IIIIMIIIIHIIMMIIIIII" I f t . S V' ' V (Continued on Page 2.) BUSSE LOPS OFF DiRECTDRS' HEADS Summary Action With School Board. SIX WILL FIGHT FOR SEATS Board Powerless, to Act Till New Men Confirmed. ENORMOUS DEBT PILED UP Removals Leave the Chicago Board Without Quorum President Will LeaTe Decapitated Members to Fight It Out. ' CHICAGO, May 20. (Special.) Chicago is praotically without a Board of Educa tion. Mayor Busse accepted two more resignations today, making a total of five, and removed seven other trustees who re fused to resign. The Mayor said the con dition of the Board's finances, which Indi cates more than $1,000,000 deficit this year. Is the cause of his action. The remnant Board consists of nine memben not enough to transact even the most trivial business. The Illinois school statute requires the affirmative vote of at leaBt 11 Trustees to purchase a postage stamp. The seven deposed Trustees asserted to night that they would not recognize their notice of removal. They unanimously de clared the Mayor had no legal power to displace them. They said they would at tend the meeting of the Board scheduled for Wednesday evening and transact school business if there Is a quorum as if their removal notices were notes of commendation. There will be neither president nor vice-president to call the meeting to order. Vice-President Wlady slaw A. Kutlewskl is one of those whose resignations have been accepted. President Bitter took the position to night, when he learned the Mayor had sent the names of new appointees to the Council, that nine members could not transact business and a meeting of the Board would be Impossible. After making his position known, he left for Grand Island, Neb., and said he would not re turn until Thursday evening, possibly Friday. Secretary Larson, of the Board of Edu cation, will receive notice tomorrow of the resignation of five Trustees and the removal of seven and he will skip over the names of the 12 In the roll-call Wednes day evening. Few if any of the left-over nine are expected to go to the Board room for the meeting. In that event, the seven "rebels" asserted, they would adjourn to reconvene at their convenience. Six Will Fight Removal. Mr. Ritter's announcement of his po sition eliminates a few of the expected complications. Of the seven deposed Trus tees Mr. Hayes will not Join his former colleagues in court proceedings to test the Mayor's power of removal. The fighting six are Dr. Cornelia De Bey. John J. Son- SENATOR BOURNE !.. .... ,.................... -m ...... ............................ .i steby. Louis F. Post. Raymond Robins, Wiley W. Mills and Philip Angen&ten. Their plan of battle was outlined as. fol lows: At the next meeting of the Board, when there Is a quorum, they will present them selves and ask recognition as members of the Board. They expect Mr. Rltter, who has been classed as one of the so-called radicals, will recognize them. If he should, the six assert, the new appointees of the Mayor would be forced into the position of bringing quo warranto pro ceedings to ascertain who is legally en-, titled to a seat in the Board. If Mr. Rltter reverses his position of tonight. It Is predicted In the city hall that he will be summarily removed by the Mayor. If Mr. Rltter continues to hold that the de posed Trustees have no claim to recog nition, they will begin quo warranto pro ceedings against their six successors. BRING RAILROADS TO TIME Charge for Hauling Empties Discon tinued From Coast. ' WASHINGTON, May 20. Three de cisions of the Interstate Commerce Commission relating to the operation of Joint through rates were announced today, and in each case the defendant road agreod to reduce the rates in ac cordance with the desire of the com plainants and the complaints were dis missed. ' The National Petroleum Association complained against the Pennsylvania and other railroads, alleging unrea sonable and discriminative rates on petroleum and its products from Penn sylvania and Ohio to Pacific Coast ter minals and that the charge of $155 each for returning empty cylinder oil cars from tho terminals should be abrogated. The railroads have slnco considerably reduced the rates' and abrogated the empty car charge. LAW IN WAY OF PARDON Sullivan's Nephew Deserts and Then Wants to Re-enlist. WASHINGTON, May 20. Because the law provides that no person shall be re enlisted In the military service of the Government whose previous service has not been honest and faithful, some diffi culty has arisen in carrying out the di rections of the President that John L. Lennon be pardoned on condition that ' he re-enlist for a full term in the Marine Corps. Lennon Is' a 'irephew of John L. Sulli van, the ex-pugilist, and Is now serving a term of one year's imprisonment for de sertion, having been also dishonorably dis charged from the corps. Attorney-General Bonaparte has been asked to pass on the questions Involved before the pardon is granted. ENSIGN SHOOTS HIMSELF Feared Conrtmartlal for Row With Santiago Police. . WASHINGTON, May 20. The Navy Department today received a dispatch from Santiago, Cuba, stating that En sign Alfred T. Brisbln, who was In a difficulty with the police of Santiago about a fortnight ago with sailors from the Tacoma, had shot himself through the lung and was in a serious condi tion. Ensign Brisbin Is in Santiago. 'The official Investigation of the trouble with the Santiago police ap pears to have developed the fact that Brisbin was drinking with the sailors, which would doubtless have resulted in his being court-martialed. Brisbin en tered Annapolis Naval Academy from Pennsylvania in 1899 and graduated in 1903. He was born in Idaho. Hummel Goes to Prison. NEW YORK, May 20. Abraham H. Hummel, who for nearly a third of a cen tury was one of the most widely known and successful criminal lawyers in this city, today began theservice of a one-year sentence in the Blackwell's Island Peni tentiary. He will be put to work in the bakery. "THAT'S A BIG STICK THAT I CAN THEY " NEVER 010 ANYTHING 11 San Francisco Gas Men Say Innocent. BUT RUEF HAS TALE TO TELL About What It Cost to Get Rate of 85 Cents. WILL TALK SOME TODAY Heney, Knows Price Paid Supervis ors, Mayor and Boss- SchmlU Appears for . Trial and Will Remain Free at Present. SAN FRANCISCO, May 20. (Special.) For more than three "hours today the Grand Jury delved into the affairs of the San Francisco Gas & Electric Com pany in an endeavor to learn who was responsible for the bribery of the Mayor and the Supervisors in connection with the S6-cent rate. The witnesses examined Included John A. " Britton, president of the company; Cyrus Pierce, treasurer; C. F. Barrett, former treasurer; C. S. Con llsk, secretary; John Battler, auditor; N. V. Halsey, a director, and W. J. Cope, A. F. Morrison and W. I. Brobeck, attor neys. The inquiries of Assistant District At torney Heney showed a desire to learn of the actions of the executive commit tee of the board of directors. In the case of the Pacific States and the Home telephone companies, Mr. Heney had di rected his fire at the executive commit tee of the directorate. This committee in the gas company was composed of John A. Britton, John Martin, Eugene de Sabla, N. V. Halsey and Frank C. Drum. None Know of Grafting. Mr. Britton was questioned at length by Mr. Heney. When he emerged from the Grand Jury room, he said that he had denied all knowledge of bribery. He had been asked, he said, if he had au thorized the payment of any money to Abe Ruef, and replied that he had not. He also informed the Grand Jury that his acquaintance with Ruef was purely for mal and In no way intimate. Books of the gas company were pro duced and Mr. Conllsk and Mr. Butler were questioned at great length on the significance of different entries. Both disclaimed knowledge of tho purpose of this payments, and said that they had merely carried out the orders of the directors. Messrs. Morrison, Cope and Brobeck testified as to matters In which they had represented the gas company, but denied that they were in any way con cerned with affairs which came up be fore the Supervisors. Ruef Will Tell Whole Story. " It was thought that Abe Ruef would again appear before the grand Jury, but It was 5:30 o'clock before the oth er witnesses had completed their testi mony. Ruef Is scheduled to appear tomorrow to testify In regard to the WIELD, ALL RIGHT" gas deal. This is said to have been one of the transactions' In which Ruef believed the corporation acted with Its eyes open. In all such cases he said he intended to tell all. When Ruef takes the stand tomorrow, therefore, he will be expected to clear up for the prosecution all doubtful points In the gas deal.- New Indictment for Schmlta. It has already been brought out that each of the Supervisors received 1750 for his vote on the gas trade. In addition 20.000 was paid to Ruef. which he sub sequently divided with Schmltz. , When Ruef gives his testimony tomorrow he will, therefore,' lay the foundation for a new indictment against the Mayor as well as against those members of the corpor ation who engineered the deal. Frank Drum has already testified in the gas matter. - He denied all knowledge of bribery. Mr. Drum Is a director of the Pacific States Telephone Company and ' v t It Jauiee K. Kceae, Who Own Superman, Winner of Brook lyn Handicap. admitted that he had rented the rooms In the Mills building in which Theodore V. Halsey bribed the Supervisors. v SCIIMITZ APPEARS FOR TRIAL Will Not Be Imprisoned Change of Judge Asked. SAN FRANCISCO. May 20. Mayor Eugene Schmltz appeared for trial at 10 o'clock this morning in Judge Dunne's department of the Supreme Court on five grand Jury charges of extorting money from local keepers of French restaurants. . By request of the prosecution, the hearing was de layed one day in order that counter af fidavits may be prepared against Schmlta' motion for a change of trial Judge. Assistant District Attorney Heney created a surprise by announc ing that the state has no present in tention of asking the court to take the Mayor into custody pending hi trial. Schmltz is at liberty under five ball bonds aggregating $50,000. At five minutes before 10 o'clock the Mayor, accompanied by his counsel. Messrs. Campbell. Drew. Barrett and Falrall, entered the courtroom. The Mayor looked pale and slum. For the prosecution there appeared District At torney Langdon, Assistant District At torneys Heney and Harrison, Special (Concluded On Page B.) CONTENTS TODAY'S PAPER The Weather. YESTERDAY'S Maximum temperature, 84 degrees- minimum. 49. TODAY'S Fair and warmer; northwest winds. Foreign. Mexico sends army to southern frontier, where three republics are In chaotic state. Pane 2. Douma congratulates Czar on ' failure of conspiracy, but raaicais slay away. . Pago 4. Odessa police officials blown up. . Revenge Taken on Jews. Page 4. Irish party will condemn Blrrell's bill. Pass 8. National. Superior Court decision invalidates many courtsmartiai. - i-agfl a. Garfield reforms Alaska reindeer business. Page 2 . ' Ban Francisco strike kills warship building . at that . city. Page S. Politics. Bourne's Interview on Roosevelt's third term puzzles Eastern editors. Page 4. Mayor -Busse decapitates majority of School Board and law suit may result. Page 1. nooievtlc. Jerome takes hand in Gould divorce case. Page 2. Presbyterian assembly has warm debate on establishing executive power. Page 2. Railroads accuse Government of Sabbath breaking. Page 5. Sport. Superman wins Brooklyn handicap. Page 7. Pacific Coast. San Francisco gas men deny bribery, but Ruef will tell. Page 1. Schmltz appears for trial, but case Is de layed. Pago 1. Committee f seven In San Francisco re signs. Page 1- San Francisco moves for municipal opera tion of carllnes. Page 1. Defense In Haywood case exposes its secret work. Page 1. Serious crisis due to strikes in San Fran cIhco. Page . 5. Juror In Federal court at Moscow says he was approached. Page 6. Berry-pickers beginning to arrive at Hood River. Page 7. Eugene Palmer declares he has plenty of signatures for referendum on University Appropriation. Page 6. Portland and Vicinity. Kellaher says he has found author of elec tion day screed. Page 10. Labor men in row over failure of union ticket to gat on ballot. Page 10 , United States Circuit Court of Appeals at San Francisco denies Gesner and Biggs petition for rehearing. Page 11. ' Round-trio tickets to East ofTered at vary ing prices by local railway offices. Page 13. Whirlwind campaign planed to raise money for the Fourth. Page 11. Knights of Pythias open convention today. Page 10. Portland Heights tract sells for nearly half million. Page 12. Judge allows woman to send husband to rockplle. Page 18. Commercial and Marine. Eastern Oregon wool held for sales days. Page 17. Wide fluctuations in wheat at Cthcago. Page 17. Stocks more active but weaker. Page 17. Coqullle River people want steamer Man sanlta for that run. Page 14. TRY MUNICIPAL onip Li San Francisco Acquires Carline. CHANGE CABLE TO ELECTRIC Geary Street Company's Fran chise Expires. RAISE' MONEY TO EQUIP Old Company, In Effort to Retain Possession, Accedes to Demand of the Workmen for Increase of Wages, but Ivoses Control. SAN FRANCISCO, May 20.-San Fran cisco Is to have an experiment in mu nicipal ownership of public Utilities. The city will take over the Geary-street rail way. This decision was arrived at today by District Attorney Langdon after a conference with Chairman Gallagher of ' the Board of Supervisors. That body will at once appropriate the sum of MO0.000 for the purpose, and this amount' will be added in the June budget to the $350,000 already appropriated for tho as sumption of the railroad. The board will employ a competent en gineer to draw up plana for the con version of the road from a cable system to an electrical conduit system. About " two years ago the franchise of the Geary street road expired. Application for re newal was refused. But under an agree-' ment that the company would surrender Its road to the city on demand, the Su pervisors granted a temporary license to operate, carrying the proviso that during . the life of this permit the company should pay to the city a percentage of its gross earnings. Votca Bond Issue. Simultaneously with the expiration of the franchise, the question of municipal acquisition was agitated. The result was that the people voted a bond Issue of $350,000 to take over the road. This was to be followed at once by municipal con trol, but the Supervisors neglected to take action, and since that time the road has been operated under Its tem porary permit. The recent strike of the carmen, which completely ' tied up the street-car sy tems of the city, caused the Introduction in the Board of Supervisors of a resolu tion calling for the surrender of the Geary-street road. Thla was at the in stance of labor union leaders, but the resolution was not acted upon. Fearing that the non-union operation of tho road would result In absorption by the city. Secretary Harper signed an agreement with the Carmen's Union to . pay the union demand of $3 for an eight hour day, but the board of directors, In stead of indorsing this contract, repu diated it and dismissed Harper. Blow Aimed at United. The charge is made that the determina tion on the part of the District At torney to cause the surrender of the road to the city is a blow aimed at the United Railroads, whose officials. In addition to fighting the present bitter strike, have on their hands the defense of probable in dictments on the charge of bribing the Supervisorial Board, under which the United Railroads system Is now being operated. Mr. Langdon made the following statement of the reasons for municipal .operation: The people of San Francisco have twice declared by a majority vote In favor of municipal ownership of the Geary-street road. Although the necessary two-thirds vote to carry a bond Issue has never been cast, the Board of Supervisors last July, to carry out the will of the people, set aside $350,000 In the annual budget for th purpose of Installing and operating the Geary-street road under municipal control. But the same policy of inactivity which has characterized the Schmltz administration has permitted this road to remain In th possession of Its former owners, notwith standing the fact that their franchise Ions since expired. City's Opportunity at Hand. The opportunity. of the elty to take charge and control of this road Is now at hand, since the company has failed to render to the public the service which the public demands and Is entitled to. Before this action was determined upon by the city, the company was directed by the Board of Supervisors to start Its cars on Wednes day, May IS. This the company refused to do. ' The city will 4iow prepare at once to take ever this road, and operate It by a conduit electric system. Kvery effort will be mads to Install and operate one of the best rail road systems In this country.' The city will secure the services of a competent and experienced engineer and put the work In his charge. An earnest effort will be put forth to keep it free from any political col oring whatsoever. Municipal ownership of railroads Is an experiment in San Fran- , Cisco, and it is the desire of those who re fathering this cause to make It an un qualified success. To that end high en gineering skill and the best business ca pacity will be demanded of those who have the matter In hand. Makes Business Success. It is my sincere belief that the city will make a financial success of this under taking and at the same time will render car service equal to the best In the country. To complete this change from cable to conduit electric will require close onto a year. This road runs from the business portion of San Francisco through an Im portant part of the residence section, and terminates In one of the most promising of the outlying districts. That the road may be entirely free from political entanglements. It may seem beat to have a nonpartisan, nonpolltlcal com mission Of business men and engineers in control. Under the charter the cars from this line may run over ten blocks of any other railroad system in the city and hence can reach the general ferrv at Market and East streets, thus making a continuous route, from the ferry to the ocean and. (Concluded on Pag 4.) .1 25 -i