twmt VOL.. XLVI.-XO. 14,699: PORTLAND, OREGON, FRIDAY, JANUARY 17, 1908. PRICE FIVE CENTS. 0 li, POLITICS FIGURE IN HALLTR1AL Heney Makes Opening Statement. TELLS A SENSATIONAL STORY Federal Official Used Club to Elect Senators. MITCHELL AND FULTON TOO Ex-Lulled States Attorney Accused of Citing That Office to Secure . ' Reappointment Winked at Law breaking. In his openhig address In the Hall-Mays conspiracy trial yesterday, Francis J, Heney charged that: Hall wanted, reappointment as United States District Attorney and 'sought elec tion of Senators Mitchell and Fulton to that end. ' Jle forced State Senator W. W. Steiwer. to vote for Fulton in February, 1903 by threatening Steiwer and others with' criminal prosecution (Hall then being United States District Attorney) for Ille gal fencing of public lands. Fulton was a party to this deal with Steiwer' and used his influence In Stel wer's behalf to cause Hall to institute civil proceedings against Steiwer Instead of criminal. Browncll wanted to succeed Hall, and had pledgcs'bf support from Mitchell and Fulton. Hall forced Brownell to retire and so to notify Mitchell and Fulton, by threatening Browncll with prosecution for acknowledging forged land papers, for which Browncll later was Indicted through Heney. Hall threatened Hermann, Williamson and .Vllichell with land-fraud indictment If tlicy did not secure his reappointment. Hall had .agreement with Steiwer, Zach ary and Hendricks by . which he allowed them to maintain their Illegal fences, this being the alleged conspiracy. . Progress -of Trial.;', i,.-.,-. Hall says he and Mai's will both take the stand In their own defense. ,' L. R. Webster, attorney for Hall, said tha't whell his client first "learned of the Illegal fences in 1501.' he notified Steiwer et al., that they must not fence Govern ment land. . Webster denied hat Hall was actuated by ulterior motives, poli tical or other. Witnesses Putnam and King testified that they informed Hall by letter of the tences as early as March, 1900. Th fences were not removed until 1905, after Hall was ousted from office. In his opening address yesterday in the United States Court Heney fired his first fusillade in reply to United States Sena tor Fulton's demand that he substantiate his charges of corrupt acts by Oregon's Senator. Heney alleged that Fulton ex erted his Influence with Hall, when the latter was seeking reappointment as United Sta'tes Attorney; to cause a civil Instead of a criminal prosecution to be brought against W. W. Steiwer, then State Senator; H. H. Hendricks and Clar ence B. Zaohery. on the charge of ille gally fencing Government land. Heney reviewed In detail the conditions urrounding the election of both Senator Mitchell in 1901 and Fulton in 1903 and the part played by Fulton, Hall and the three co-defendants of the ex-United States At torney, who have been named. Heney averred that Fulton owed his election In 1913 to Steiwer, who on the last night of the session deserted T. T. Geer and cast one vote iliat elected the Clatsop County man. It was this obligation Fulton owed Steiwer, alleges Heney, that prompted Fulton to Intercede with Hall to the. end that Steiwer be prosecuted only in a. civil suit, possessed of the knowledge of Stei- wcr's illegal participation in the fencing of public lands, Hall sought to control ftetwer's vote for both Mitchell and Ful ton, says Heney, threatening to prosecute the State Senator criminally if he failed to support them for United States Sena tor. Vsed Whip on Brownell. Heney further pointed out that Hall, having learned that George C. Browr.ell, of Clackamas County, had the promise of . Senators Mitchell and Fulton for District Attorney, succeeded In securing evidence that Brownell had acknowledge! some public land documents to which the sig natures had been forged. With this in formation. It was represented that Hall had gone to Brownell and foreel him to withdraw from the race for District At torney and at the same time to acMress a letter to Fulton releasing him from Ills promise to support Brownell. Hall in formed Brownell, It was .declared by ""Heney, that If he did' not drop ot)t of the race, he. Hall.' would have him in dieted and prosecuted. Afterward Hall went to Washington, further to consult with the delegation as to his reappointment, asserted Heney, and on returning to Oregon In 1904, told Hermann. Williamson and Mitchell. I against whom he also had evidence of complicity In the land-frauds, that if he as not reappointed he would have then) all indicted. ' Tells or Ills Probing. Heney said that lie began Investigation into the situation in 1904 and upon pre senting the facts before" a grand jury se cured the Indictment of Hall and the 11 other defendants named in the indict ment on which Mhe present trial Is being held, together with a number of .other Indictment's. He said the Qovernment would try to prove that iiall. fof at least two years, had an understanding amount ing to an unlawful agreement or conspir acy with Steiwer, .Zachary and Hendricks by which tbey were not prosecuted and they were allowed illegally to maintain' the fence complained against In the in dictment. . It was claimed by Heney that the Butte Creek Land, Livestock & Lumber Com pany was organized in 1899 by W. W. Steiwer, H. H, Hendricks and Clarence B. Zachary. The company bought out a num ber of the smaller stockmen and by caus ing a number of claims to be taken up at various points, so that fences con structed thereon' connected -with rim-rock and a natural bluff, succeeded In enclos ing several thousand acres of government land in a range which was used exclu sively for their 'own benefit. Settlers' Pleas Ignored. Individual settlenj it was charged, com plained of the Hlegal fencing and wrote letters repeatedly to Hall, who was then E. Benjamin Andrews. Who Has Re signed the Nebraska University Chancellorship. Chancellor E. Benjamin Andrews, 6f the University of Nebraska, who has placed, his resignation In the hands of the regents of the univers ity, has been at. the head of the uni versity since April, 1900. He was ' formerly president of Brown Uni versity, and for nearly three years was superintendent of the Chicago public schools. "When the free silver agitation was at Its height he was one of the most prominent writers and speakers In behalf of silver coinage. District 'Attorney, but no relief was se cured until about four years later, wheir the small stockmen took their complaints direct to Washington and 'before Stcre- tary Hitchcock. . Heney said that the Govern nient" would first undertake to show tliat a conspiracy was entered Into among Steiwer. Hendricks and Zachary and that it -would afterwards be. shown that Hall became associated with the conspiracy, knowing Its purposes and participating in its bene fits. . ' County Judge Webster followed Heney and Insisted that Hall was not notified of the alleged illegal fence until 1901 and that the law provides that, such fences can be removed either through a civil or a criminal prosecution. In electing to proceed against Steiwer et al. In a civil suit. Judge Webster denied that Hall was actuated by political or any other -considerations; that under the law It was optional with him whether the suit should be a civil or a criminal proceeding. Hall Acted Promptly. In answer to the Butte Creek Com pany's contention ' that It had the right to fence its own lands, he said Hall had notified its officers that they could not do so lf(such a fence would include govern ment - land also. He also said that Steiwer, representing the company, had Informed Hall that if any of the fences had baen unlawfully constructed, they would be removed.. . Attorney- Wilson finished the opening addresses, speaking for his client, Edwin Mays, who was a -deputy under Hall. He said that as Deputy District Attorney, Mays had acted under' the instructions of Hall and that his only connection with .the fence case was that he had acknowl edged the receipt of a few letters bearing on 'the subject. Following these addresses court adjourned until 2 o'clock. Evidence Is Constructive. The testimony offered by th prosecution is constructive In its character and is de signed by Heney to establish. the founda tion on which the conspiracy charge will be built. By the introduction of letters between Hall and settlers in Wheeler County, it is intended by the Government (Concluded on Page T-) 'N JMmTh-w n court KHssif. ,'J-v officer -r? HUGHES BOOMERS RAISE ft STORM New York Committee Stifles Them. BUT THEY ROAR AND FIGHT Majority Refuses to Allow on Question. Vote CHEERS AND HISSES MINGLE Parsons Prevents Action on Indorse ment Amid Exchange of Person alities Paige Says Hughes' Enemies Are Afia'd. NEW YORK, Jan. 16. Ap attempt to force consideration of the tabled reso lution indorsing Governor Charles E. Hughes for the Republican nomination for President was defeated tonight at what was. probkbly the stormiest, ses slon in the present history of the New York Republican County Committee. After nearly three hours of debate, characterized by bitter Invective, an adjournment for one month was taken, nothing more than routine business having been transacted. . A vote on the straight 'question of indorsing Mr. Hughes or any other Presidential candidate was never had. There vie no doubt of the veiled Issue, however, and the outspoken supporters of the Governor lined tip squarely against those who are either friendly to the candidacy of Secretary Taft or opposed to any indorsement by the committee at this time. Scheme to, Kill Boom. At its meeting in December the com mittee tabled a resolution Indorsing Mr. Hughes as a candidate before the Re publican convention. It was then under stood that, while its opponents believed the launching of the Governor's candi dacy. If not ill-advised, at least prema ture, definite disposition of the resolution would be made tonight. ..Preceding the session this evening, the executive com mittee met and. a line-up showed an op position to Mr. Hughes of 22 to 13. At this meeting" it Is' said" that an agreement was reached not to take up the Hughes indorsement at the session of the whole committee.. It was agreed that after rou. tine business a motion to adjourn should be immediately moved. As ltf had been figured out that the whole committee stood" 442 to 267 against a Hughes indorse ment, it was predicted that the meeting of the original body would be short. Row and Fist -light Followed. The details of this plan, however, were hurriedly made known to the Hughes men and from the moment that Congress man Parsons, the- chairman, called the whole committee to order there was trouble. William Halpin demanded that the Huehes resolution be taken up at once. Mr. Parsons declared Mr. Halpin out of order, and the latter appealed. Events followed rapidly, and before the issue was settled, there had been a fist fight in the rear of the hall. During this time there were mingled cheers and hisses for President Roosevelt, Hughes, Taft and Foraker. .Personalities were exchanged, and the excitement was gen eral. After tHe roll was called, the-vote was announced as 302 ayes to 222 noes, a ma jority of 80 to lay the appeal from the chair on the table. Afraid to Meet Issue. When unfinished business was reached. ex-Assemblyman Ezra Prentice moved adjournment to the regular February meeting. Senator Paige moved to amend, making the adjournment for one week. Speaking on his amendment, Mr. Paige ! said he wanted -arlv action on the Hughes resolution. "Why are you afraid to meet that is sue?" he said. "If there is another man, for heaven's sake, name him." This challenge was greeted with cries of "Taft, Taft." Mr. Paige's amendment was eventually HARRY MURPHY FILLS A FEW PAGES OF HIS NOTEBOOK AT THE HALL-MAYS TRIAL T "T'Y NE85TW MR FOX. SPElTTOfV. lost and the motion to adjourn for one month was carried. - STJSPEXD HOSTILITIES IX OHIO. "Various Factions Will Recognize "Regular" Committee. -f CLEVELAND Jan. 16. Temporary peace prevails today among the Taft, Foraker and Roosevelt followers. Secre tary of State Thompson and the state centra.1 committee decided that the best policy would be to recognize the "regu lar" committee for the time beinK- All of the convention calls will be withdrawn by agreement and a new call Issued by the "regular" committee. ' Xo ; Election In Kentucky. I FRANKFORT. Ky., Jan.". 16. Balloting for United States Senator in joint ses sion resulted as follows: Beckham, 66; Bradley, 64: scattering, absent, 3. Irish League Elect v -DUBLIN. Jan. 16. At a meeting of the BegrU L. Post, Confirmed by Senate as Governor of Porto Rico, ' WASHINGTON. Jan. 16. The nomination of Regis I. Post, to be Governor of Porto Rico, was today confirmed by the Senate as were all the other Porto Rico territorial nomi nations." "j United Irish League yesterday, John B. Redmond was elected president. A re port was submitted showing: that more than 1200 ylcted. tenants -had been rein stated during the last three years. CONTENTS TODAY'S PAPER The Weather. YESTERDAY'S Maximum temperature, 50 degrees; minimum, 42. TODAY'S Rain; southwest winds. ' i. . '.-' ' " Foreign. Japan denies there iu ."any ; secret -about 'location of fleet. Pagre 4. , National. Taft discusses Canal affairs with Senate Committee. Paare 8. -. . Portland leads Pacific ports In wheat ship ments... Paxe 5. . House ' Kepubllcans stand - firm against amendments to penal code against polit ical corruption. Page 6. ' . ' Revenue cutter ordered to mouth of Co lumbia. Pare 5. . . Harrlman ordered by Federal Court to an swer disputed questions. Pass 1. Politics. Roosevelt will fight Senators to finish on re jected appointments. Pare 1. New York County Commission has hot fight about Hushes boom. Page It Domestic. Nevada Legislature adopts petition for retention of troops. Page 6. Mrs. Metcalf tells her wrongs suffered from Hamlll. Page 6. - Wool growers elect officers and criticise Roosevelt's land policy..- Page 4. Letter written by Thaw's mother in his boyhood . .shows- she - feared insanity. Page 7. ...... . ', Well-known Snohomish 'man wounds Des Moines attorney. - Page' 6. '- Pacific Coast. Revenue cutters . go in search of British v ship Hartfield. reported-wrecked off Van couver coast. Page 32. v Halsey woman' caught shoplifting in Albany.- Page 13. ... Girl of 15. dressed as a boy, elopes 'with hired 'man. Page 13. . ' Commercial and' Marine. Portland, and Tacoma . wieat quotations. Page 17. ( Wheat closes strong and' higher at Chi cago. Page 17. Violent reaction in stock market. Page 17. Schooner ..Queen, from Tillamook for San Pedro, in distress 100 miles ' southwest '. of San Francisco. . aided by the Thyra. rage ie. , " . Portland and Vicinity. Oregon , politics .figure in Hall case, accord ing to Prosecutor Heney. Page 1. Columbia River salmon 'fishermen in bitter strife. Page 10. . - Portland grocer captures bait -Lake mur derer. Page 12. Louts J. Wilde, offers SDO.OOO to assist Mer chants National iana to reopen. Page lo. Owls will remodel constitution . and by laws. Page 11. Colnnist rates assured for next Spring. Page it. S7 - - J- "UNI 1 ' - . BOUSED TO ACTION. : FROM ITS SLEEP Railroad Board of Cali fornia Awakens. WILL INVESTIGATE REBATES Even Boss Herrin Is Called On to Testify. PRODDED BY THE PEOPLE Creatures or H irriijian Try to Shirk Inquiry' Into llail"iatU Crimes,. but Attorney-General Sweeps Away the Only Kxcuse. SAN FRANCISCO, Jan. 16. (Spe cial.) After 29 years of quiescent obedience, the State Board of Railroad Commissioners flew full Into the face of the Southern Pacific Railroad to day and ordered a searching investiga tion into the rebating proclivities of the Harrlman lines, the . Santa Fe and the Salt Lake road. At the same time the board, with the assistance of Attorney-General .Webb, passed "the re sponsibility for efficacious action to the door of Governor Gillett. It lies with: the chief execntive to authorize the expenditure of the money tha such an Investigation- will cost, and Mr. "Gillett has no .alternative but to choose squarely between the people and the railroads. , Put Herrin on Carpet. The sudden awakening of - the board has developed a unique situation. The State Railroad Commission has always been the object of tender care on the part of William F. Herrin. Now the Commission has suddenly decided to pnt Mr. Herrin and his associates on the carpet. The impetus for the Investigation came from Colonel H. D. Loveland, thd newly-appointed member of the board The long; list of rate discriminations on state business developed at a re cent hearing of the Interstate Com merce Commission has been placed be fore the state .board.. The evidence against the Southern Pa cific is Conclusive. The constitution of the state provides a fine up to 120,000 for each violation of the anti-rebate law and also provides for - the imprisonment of the officers of the railroad who arranged the rebates. m , Prodded Into Action. Public opinion has prodded the Com mission - to the point where It was forced to act, reluctant as it was to do so. In an attempt to shift the responsibility, the Commission stated that' It did not fully understand its powers and that it bad no money with which to go ahead. Attorney-General Webb was called on for an opinion, and today sharply criti cised the board for its inaction. He in formed the Commission that .it had full power to go ahead. The funds for the investigation, he said, could be voted by the State Board of-Examiners. On this Board are Mr. Webb, Secretary of State Curry and Mr. Gillett. Mr. Webb favors the appropriation. It remains with the Governor to sanctioi it Mr. Gillett has been considered a railroad Governor and this will put him to the test. The Investigation Into the Southern Pa cific was set for February 15, In San Francisco and of the Santa Fe and Salt Lake City lines' at a later date in Los Angeles. ' HARRIMA J.i MUST MAKE REPLY Federal Court Upholds Inquiry Into His Stock Deals. . NEW YORK.' Jan. Judge Hough of he United States Circuit Court, hand ed down today an opinion directing Otto H. Kuhn, a member of the banking firm of Kuhn, Loeb & Co.. to answer all questions propounded to him by the In terstate-Commerce Commission. E. H. Harrlman was directed to answer- all jPTT'Y HILL, Ms-yV ' questions except those relative to the purchase of Vnionand Southern Pacific stoats' In connection with the dividend ofllugust. 1906. Mfcile the exceptions were regarded as important questions by the Government lawyers who were Investigating the Chi cago & Alton Railroad organization, they constituted only a small proportion of those that Mr. -Harrlman refused to answer. . - The clash between- the witness and the Commission, occurred February 25 of last year. . For several days the Investigators had been endeavoring fo get at the bot tom of Mr.- Harriman's manipulations connected with the Chicago -& Alton. The question that marked the beginning of the controversy was this: "Did you own any of ' the Chicago & Alton""prefcrred stock sold by the syndi cate to the Union Pacific?" ,AVhy Harrlman Kept Silent, Immediately the railroad president's lawyer, John- G. Miiburn. contended that the Inquiry-was-' not -within the scope of tilfnUI'MsHH""- -" "' iuiii -li Jtln.imilli Bev. Algernon 8. Crapsey, Who Will Meet M. M. Mtingasarian In Relig ions Debate. x Rev. Algernon 6. Crapsey, who has agreed to defend In debate i'Uh M. M. Mangasarlan on the night of Jan uary 21. the reality of Jesus' as a historical character, was for 5 years rector 'of St. Andrew's Episcopal Church In Rochester, N. Y. " In No vember, 1906. he was suspended from' the church by the ecclesiastical court of review until he should recant bis views, which were pronounced here- ' tlcal. - Dr. Crapsey holds that the founder of Christianity did not work ' miracles, had a human father and rose to heaven In the spirit only, not i " . In the flesh. He is 51 years old, of ilmple tastes, an ardent student and worker among the poor "and sick.. . the Federal ' investigation. Frank B. Kellogg, the Government's attorney, took the contrary, view. . . The outcome after prolonged arguments was that Mr. Har rlman declined to answer a number of questions' as to stock transactions on the ground of personal privilege. Mr. Kel logg and bis associates -appealed to the Federal ' courts to compel the witness to answer. Among the lawyers who repre sented Mr. Harriman in the court pro ceedings were John C. Bpooner, ex- United States Senator, from Wisconsin, who ' had been prominently . Identified with the passage of the law under which the Government started its investigation. Both Mr. Harriman arid Mr. Kahn were examined in relation to the affairs of- the Chicago & Alton, the Atchison, Topeka & Santa Fe, the Illinois Cen tral, the St. Joseph & Grand Island, the New York Central & Hudson River and the Southern Pacific Railroad Compa nies. Stock in these companies was ac quired by the Union Pacific Company, of which Mr. Harrlman was president, by an issue of convertible bonds to the amount of $100,000,000 par. In addl tlon to Oregon Short Line,, one of the controlled companies, issued bonds for 145,000,000 par. Kuhn,- Loeb. & - Co. 'a bank was stock depository fpr the pur. pose of " facilitating the transaction. Questioned About. Stock Deals. Mr. Harrlman declined to answer the question whether-he owned amy o the stock deposited with the banking firm, and Mr. Kuhn declined to answer ques tions relating to the ownership by the director of the Union Pacific of any of the Chicago & Alton stock so deposited. Mr. Harriman 'also - refused to say whether he had acquired any part o the stock of Jhe Illinois- Central with a view to selling lt to the Union Pa cific, or whether he had procured it at a lower price than that paid him by the Union Pacific. .... In the- course of the' arguments be fore Judge Hough, the United States District Attorney, Mr. Stimson, said: " What the Commission Is endeavor. (Concluded on Page 7.) tD.rtrVtV FIGHT TD FINISH SENATORS Roosevelt Resents Ac tion of Enemies. ON APPOINTMENTS IN OHIO Foraker and Dick Can Have War Till Weary. . y WILL GIVE NO QUARTER Rejection .of l"otmasiers. Begins Hostilities Which Mffy Last Till After Convention New Hamp shire May Be Drawn In. WASHINGTON, Jan. 16. (Special.) President Roosevelt" . is determined to light the reactionary patronage-mongers to the last ditch. He resents tho criticism that appointments have been1" made or re movals from office attempted to assist the Presidential candidacy of any person, and declares that those making this crit icism regarding patronage In tho South or other parts of the country know it to be dishonest. The rejection by the Senate of Presi dential appointments in Ohio at the In stigation of Senators Foraker and Diet: have brought the patronage question to a focus. If Messrs. Foraker and Dick want war, they are to have all they de sire of it from now until they get tired, which may be 'until after the Rttftublfcan National Convention In June. If Senators in other states want the same kind of war, they can have it. There .are Indica- tions that the Ohio situation may be re peated in some other states, particularly -in New Kngland, where certain Senators insist that appointees to Federal posi tions shall be opponents of the President and his administration. Roosevelt Conveys Hint, The President, discussed the ethics and the practical side of patronage with sev eral callers today. To his .visitors ha stated that he does- not consider the sole qualification of a man holding Federal office to be the fact that the man is an opponent of himself and of his policies. This subtle, allusion to the position taken by Messrs: Foraker and Dick was quickly appreciated by White House callers. The news penetrated to Capitol Hill In short order and caused Senators Gailingcr and Burnham, of New Hampshire, ami some others lo sit up and take notice. It became known that the President has plana in mind for engaging In the fight inaugurated by the Ohio Senators." The plans have not been divulged In detail, but In a general way may be stated as follows: President's Line of Aclion, First Men of the President's choice will be nominated to replace the ap pointees turned down by the Senators. Second If these appointments are re jected, still other persons- who belong to the Taft faction will be named. Third If the Senators persist in their war, it will lead to the peremptory re moval of Foraker partisans from Federal positions. Fourth If the war be -prolonged, the executive power to make recess appoint ments after Congress adjourns will be invoked. ' The enmity between Mr. Roosevelt and Mr. Foraker is more bitter today, be yond doubt, than it has been at any pre vious stage. The situation portends even more exciting developments than those already brought to light. In higher ad ministration circles Mr. Foraker ia spoken of In terms that are ugly, if. not short. It la an open secret that Mr. Foraker's opinion of the other side Is na less complimentary. Fighters Who Girj Mo Quarter. Two fighters that neltner give nor take quarter President Roosevelt and Senator Foraker are pitted in. a 'fight that may make the preceding battles between them seem decidedly tame. Before the patronage war has proceeded much farther, the eyes of the country, may be turned' toward New Hampshire. Messrs. Gailingcr and Burnham . have been rigging their state against tha Roosevelt policies, the same as Messrs. .Foraker and Dick have done in Ohio WALSH JURY STILL OUT So Prospect as Vet of Verdict in Chicago Trial. CHICAGO, Jan. 17. Ten hours after the jury which is considering whether John R. Walsh was guilty of misapplying funds of the Chicago National Bank,' had re tired, no word had come to the waling attorneys and court attaches that a ver dict was in prospect. The 12 men began their deliberations On the evidence shortly before 3 o'clock yes terday afternoon. Need Hot Advance Expenses, WASHINGTON, Jan. 18. The -House committee on military affairs, . which is considering the Army appropriation bill, today gave attention to the prevailing system of expense - allowances - under which officers on. duty In Alaska fre quently are compelled In obeying orders to pay out of their own pocket the bulk of their traveling expenses. Chairman Hull gave assurances that this would be corrected, 1