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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Feb. 24, 1908)
PORTLAND, OREGON, MONDAY, FEBRUARY 24, 1908. PRICE FIVE CENTS. VOL. XLVIII. 0. 14,739. PRIEST SLAIN AT ALTAR Father Leo Heinrichs Shot by Anarchist. POLICE CAPTURE MURDERER Kneeling, Assassin Puts Gun to Victim's Breast, Fires. GLOATS OVER BLOODY DEED Confined In Iioncly Cell, Guaranac cio Boasts of Crime and De clares He Is Enemy of All Priests Panic In Church. DENVER, Col., Feb. 23 Father Leo Ileinrlchs was shot and killed when ad ministering the sacrament at early mass In St. Elizabeth's Catholic Church, Eleventh and Curtis streets, this city, at 6 A. M. this morning:. Kneeling at the altar rail between two women, Guaranaccio pressed the muzzle of a re volver against the body of the priest after receiving from htm the consecrated wafer, and shot the man of God through the heart. Exclaiming: "My God! My God!" Father Leo fell prone in front of the altar and died without uttering an other word. Dashes for Door, Gun in Hand. With an articulate scream of triumph, which the communicants declare was the yell of a demon, the assassin sprang into the aisle and, waving the smoking gun , about his head, dashed to the church door. For a moment the hundred or more people In the church were dazed. Then a woman shrieked and the congregation became panic stricken. Some women fainted and many became hysterical. Sev eral men rushed to the aid of the priest and others started in pursuit of the mur derer. Among the latter was Patrolman Daniel Crcfin, - who- overtook the fleeing Italian on the church steps.' Guaranaccio attempted to shoot the policeman and was foiled and overpowered only after a desperate fight, in which several men had to come to the assistance of the officer. Police Fear Violence. The murderer was hurried to the City Jail, and as threats of summary justice were made by many men in the crowd, which quickly gathered In front of tho church. Chief of Police McHale Delaney called the reserve force of patrolmen, who were kept on guard day and night. Before the commotion caused by the tragedy had subsided, the Franciscan Brothers connected with St. Elizabeth's church silently brought candles for the dead and placed them beside the body of their superior where he lay. By direction of Bishop Matz, the church was closed for the day and the following notice was posted on the door: Asks Prayer for Departed Soul. Owing to the frightful tragedy enacted In this church by an unknown criminal, the wanton killing of our beloved pastor, supe rior and friend, rather Leo, all services will fos discontinued for the day. Kindly, reader, breathe a silent prayer for the repose of the soul of our beloved friend. "FATHEll EUSEBIL'S.' Deputy Coroner Daniel . Hayes took charge of Father Leo's body, which was removed to the city morgue. A single hole in the white communion robes of the priest showed that the bullet had gone straight to his heart. The bullets re maining in the revolver had been sharp ened to a One point. Placed In Lonely Cell. Guaranaccio was placed in solitary con- linement in the City Jail. He admitted to a policeman who interviewed him that the prfcst whom he had killed was a stranger to him, and in explanation of his crime made the following statement: "I just went over there because I have a grudge against all priests in there. They are all against the workingman. 1 went to the communion rail because I could get a better shot. I did not give a damn whether he was a German priest or . any other kind of a priest. They are all In the same class. Assassin Gloats Over Awful Deed. "I left Italy three months ago: went first to Central America and then came to the United States and to Denver. I am an anarchist and proud of it. I shot him, and my only regret is that I could not have shot the whole bunch of priests in the church. I am a shoemaker, but have not worked since coming to Den ver." " Father Leo Heinrlch was born at Koeln, Germany, August 15, 1S67. He en tered tho Franciscan order December 4, 1SSS. and was ordained July 2fi. 1S3I. He came to Denver Jast September from Paterson, N. J., where for three years he was rector to St. Bonaventures. He had previously served three years in Croghan. N. Y. In Orange, X. J., he dis tinguished himself by rebuilding the church, monastery and other buildings that were destroyed by fire in 1902. He was planning to sail to Germany in June and visit relatives whom he had not seen for 10 years. Hustled Out of Town. Although no actual demonstration against the murderer had been made, there was considerable talk around town throughout the day of the Justice of DENVER lynching him. In order te avoid an at tack on the CitysJail, Giuseppe was taken to the County Jail, a more easily de fended building, where he remained sev eral hours. Small groups of men began to congregate near the jail building and after a consultation the. authorities de cided to take Giuseppe out of town. Ac cordingly he was hustled into an auto mobile and a fast run was made to Lit tleton, 14 miles from Denver, where a train was boarded for Colorado Springs. Planned to Kill Four Priests. An examination of letters taken from Guaranaccio showed that the only defi nite address he appeared to have was No. 10 Wales Place. Wakefield, Mass. Guar anaccio told Chief of Police Denaley, Sheriff Nes-blt and several detectives, who questioned him, that he started out this morning with the intention of killing, four priests. Had he succeeded In eluding capture he says he would have gone from one church to another until his vow had been carried out. Guaranaccio displayed no remorse for his crime and reiterated his previous George C. Brownell. statement that he believed he was bene fiting the poor people by taking the life of the priest. He said the church kept the people poor, while priests lived on the fat of the land. Among papers ta"ken from theassassln was a list of assassins connected with the murder of Czar Paul of Russia, in 1801, also the killing of the King of For tugal. A miniature Italian flag, pasted at the head of the list, he declared had no significance whatever. No notes or comment of any kind were Inscribed or attached to the Itet. The prisoner was closely questioned concerning ilia residence at, Paterson, N. J., but nothing. Important was learned. He declared that he knew nothing of Father Leo when the latter lived at Pat erson, and In fact had never seen or heard of him before today. FATHER LEO GREATLY LOVED Paterson Friends Weep on Receipt of News of Tragic Death. PATERSON. N. J.. Feb. 23. The murder at Denver of Father Leo Hein richs, or Father Leo, as he was best known here, created a sensation in this city, one large section of which Is in the parish of St. Bonayenture, and connected with the church is the mon astery of that name, the father house in this country of the Franciscan order of which Father Leo was a prominent member. At vespers in St. Bonaven ture Church tonight the congregation wept throughout the service. At the monastery no public expression was made by the priests. In this city Father Leo was widely known, and by his parishioners he was greatly loved. He came to this country Jn 1888, and was ordained a priest in 1901 by Bishop Wigger, of the Diocese of New York. LEWIST0N locked tight CARD GAMES STOPPED FIRST TIME IX 40 YEARS. Complaints of Citizens Responsible for Enforcement of Law Off! cials Say Must Obey Letter. LEWISTON, Idaho, Feb. 23. (Special.) For the first time in 40 years Lewiston today enjoyed an absolutely quiet Sunday, as every cardroom in the city was locked tight and fast under orders of Prosecutin Attorney Daniel Needham. who holds that cardrooms are places of puollc amusement and are therefore amenable under the statute. No Sunday saloon opening has been lo cated since the statute became effective but card games have flourished as usual Complaints of citizens are responsible for a stricter enforcement of the law and every effort will be made by authorities to enforce the letter of statute although telephone and telegraph companies are not molested because they do an inter state business, even though their Inter state business is small. WILL BARE RUEF'S SECRETS Prosecution's Position to Be Show In Court Tuesday. SAN FRANCISCO, Feb. 23. Every de tail of the negotiations between the graft prosecution and. Abe Ruef will be bared in the exhaustive affidavits to be filed in Judge Lawlor's court Tuesday morn lng by District Attorney Langdon. Assist ant District Attorney Francis. J. Heney and William J. Burns. Heney and Burns spent today in preparing their affidavits and while they would not discuss the contents of the documents, both said that the sworn statements would include every important detail or their relations with HUCL """" J I . r :; : -;.::V . Wf8 :: C$ DRQWNELL HOTLY RESENTS GHARGES Says Senator Fulton Is Misinformed. DOES HIM GRAVE INJUSTICE Ciackamas County Man Feels Deeply Wounded. GUILTY OF NO DUPLICITY Says Senator Must Have Been Ijed Into Error or Out of His Mind. Base Ingratitude Shown in His Answer to Heney, BBOWXELL'8 ANSWER TO FCI TON'S CHARGES. , Make general denial of charges made a train it him by Senator Ful ton In reply to Heney. Emphatically denies that he has been promised Immunity by Heney for having testified in the Hall trial. Denlea tbat he has ever charged Fulton with having been & party to' a bonsnlracy with Hall by which Brownell was not to be prosecuted for alleged complicity In the Ore gon land-frauds. Re-asserts that he returned to Ful ton several letters written to htm by Fulton, toicether with Hall's tele gram to Brownell from Washington. Insists that he did not surrender to representatives of the Government the famous Mitchell-Fulton letter until long after Heney was In possession of the same letter transcribed from the stenographer's notes. Intimates that he may make fur ther interesting disclosures of the inside political history of the state If his erstwhile political associates do not desist In their attacks. Resenting what he declares to be false charges, George C. Brownell, ex -State Senator from Clackamas County, has taken a hand In the controversy between Francis J. Heney and Senator Fulton. Brownell -jumped into the fray yesterday after reading Fulton's reply to Heney's First Congregational Church speech. In that reply Fulton charged Brownell with duplicity in various political matters, in eluding insinuation that the ex-political leader of Clackamas County gave per jured testimony at the recent Hall con spiracy trial in return for a promise of an Immunity bath from the Government. Brownell charges that in replying to Heney, Fulton has gone out of his way to make an unfair and uncalled-for attack on him (Brownell) in an attempt unneces sarily to Involve Brownell In the Heney Fulton controversy. It is denied emphat ically by Brownell - that he has been promised immunity by He.ney, and he de clares that he testified truthfully in every detail as a witness for the Government in the trial of Hall. He denies that he at any time charged Fulton with being party to a conspiracy with Hall whereby Brownell was to toe protected from Indict ment and prosecution for alleged compli city in the Oregon land-frauds. Did Not Give Up Letter. Brownell further reasserts that he re turned to Fulton prior to his (Brownell's) indictment several letters of a purely per sonal and political nature that had been written him by Fulton. With equal posi tlveness Brownell avers that he did not deliver to the representatives of the Gov ernment the famous Mitchell-Fulton let ter until long after the prosecution was in possession of a copy of the letter that had been transcribed from the stenogra pher's notes. While professing not to wish to do an Injury to his long-time political associate, Brownell Intimates that he has by no means told all he knows about Fulton, and the latter'a relations with the poli tics of this state, and that if pressed, to it ihe may make some further Interesting disclosures. "I cannot understand why Senator Fulton wants to drag me into his contro versy with Heney," said Mr. Brownell at his home in Oregon City yesterday. "Mr. Fulton's attack on me at this time and in this connection is unfair and unwar ranted, and he must be out of his head to make the charges against me that he does In his reply lo Heney. Owed Success to Brownell. "On the night that Fulton was elected United States Senator, and I was then president of the State Senate, he stood up in the presence of several thousand people and, with his voice trembling with emotion, said that he owed his election almost entirely to me. I thought of this when I picked up this morning's Orego nlan and read his uncalled-for and unfair attack upon me. It conclusively shows the heartlessness of the man or Indicates that he has entirely lost his head. "Why I should be brought into this con troversy with Mr. Heney and abused for something that I have never done Is what I cannot comprehend. I can only explaiin it on the theory that someone has mis represented to Fulton my testimony in the Hall trial. "The published report of my testimony at the Hall trial in The Oregonian will show that it In no way reflected upon Senator Fulton. I testified that I met Senator Fulton at the Imperial Hotel and handed him some letters, and that the EVENTS OF COMING WEEK Moth Hraricr in New York. The hearing in court of the cases against harles W. Morse, financier, and Raymond Hitchcock, actor, in New York; the meetings of the base ball magnates in the same city; the . formal opentng of the tunnels under the Hudson river between New York and Hobokcn, X. J., and the vote in the New York Legislature upon Gov ernor Hughes' recommendation for the removal of State Superintendent of In surance Kelsey, will be important event of the week. Big Fleet at Calloo. In the foreign field the doings of Admiral Evans' fleet at Callao, Peru, and the scheduled speech of Sir Ed ward Grey, British Secretary of State for Foreign Affairs, on the Macedonian question in the House of Commons are matters of lively interest. In Congress, the Aldrlch. currency bill In the Senate and the supply meas-- ures in the House will keep to the fore. . .. Kaiser to Send Week at Sea. Emperor William expects to board the Deutschland, one of Germany's biggest warships, on Wednesday at Kiel and possibly will spend a week at sea, witnessing the maneuvers of the ships now in Kiel Harbor. Hall telegram to me from Washington was included. . Fulton admits that I handed him the telegram, but he denies having received any letters from me. He must be fearful that a wrong construc tion might be placed on the letters if he admitted having received them. Fulton's Memory Faulty. . "The faets are that I did hand him a few letters, and if he will stop and think a moment he will recall the conversation between us regarding the matter. One of those letters and this is what we spoke about was one in which Mitchell had used Fulton's name. How It could do Fulton any harm for- me to hand him these letters is beyond my comprehen sion, because I stated in my testimony that they were purely political or per sonal letters and in no way connected with any Government land transactions. "I have never said at any time, or to any person, that Fulton was in any con spiracy with Hall to protect me from In dictment, and never so testified at the Hall trial, as the report of my testimony shows. "Senator Fulton mentions to show his kindness toward me that when I had been indicted he offered to employ Judge Bennett for me. The facts were that a year prior to this trouble I had at one time needed $500 and Senator Fulton in dorsed my note and the money was loaned to me by Frank C. Baker for one year. At the end of the year, and the day the note became due, I paid it my self, Including the interest. Was Refused Loan. "The following -year I was indicted. I desired to employ Dan J. Malarkey and I wished to give him some money. I went to Astoria and asked Senator Ful ton to sign an accommodation note or loan me $300, both of which he declined to do, but he did say in that conversation that he would help me with Judge Ben nett. I paid Judge Bennett myself $90 on a retainer all the money J. had. What ever was done for me was done by Mr. HENEY SAYS WE WILL ANSWER FCLTOX. SAM FRANCISCO, Feb. 23. (Spe cial.) When asked today if he wouldi - reply to the attack made on htm by Senator Fulton, of Oregon, which was published yesterday in Portland. Fran cis J. Henej said that he would not . until he had read Fulton's statement in full. When shown a brief synopsis of Fulton's statement,. Heney said: , "There la nothing: new in the charges Fulton makes. He merely denies my charges against him, charges which I still stand by. If he says that he never promised to sup port Hall, well. I reply that Hall him self swore that Fulton did promise that. I will be in a position to an swer Fulton when 1 see his complete statement. Malarkey, and if Mr. Fulton did any thing for me with Judge Bennett I am not aware of It. "Senator Fulton says that I testified CConcluded on Page 8.) CONTENTS TODAY'S PAPER The Weather. YESTERDAY'S Maximum temperature B3 degrees. Minimum, 32 degrees. , TODAY'S Cloudy, with possibly rain; westerly winds. Foreign. Australia invites visit of American fleet. Page 1. Russia plana world-wide secret service against terrorists. Page 2. ' National. Bacon makes amendments to liauor traffic bill. Page 9. Full text Townsend report on Oregon & California land grants. Page 4. Domestic Fish gives up light against Harrlman. Page 1. "Black Hand" threat to blow ud naval magazine. Pajre i. Denver Driest shot dead at altar by anar chist. Page 1. Six persons killed at railroad crossing. Page 2. Glacla Calla. operatic star, accuses hus band of murdering her brother. Page 2. Opening of North River tunnel will be cele brated fittingly. Page 3. Sport. Autos towed by horses through snow drifts. Page 8. Pacific Oast. Misunderstanding in debate on Japanese ex clusion in Seattle.. Page -1. Trouble at Willamette University result of old row. Page 3. Ownership of North Coast subject of much . conjecture. Page 3. Portland and Vicinity. George C. Brownell hotly resents charges made by Senator Fulton in answer to Heney. Page 1. Fire on East Side puts eight lives In peril. Page 14. . Mrc. Abigail Scott Duniway defends Coroner Finley's action in Rowland case. Page 5. Park Board makes statement, asking for ex tension of park system and skilled superin tendent. Page 1.. Dr. Brougher preaches on "Wagea of 6ln." Page V. T HREATTO BLOWUP POWDER STORES Letter Received Signed "Black Hand." WANT MEN PUT BACK AT WORK Message Follows Discharge From lona Island. 3,000,000 POUNDS STORED Sote Say9 If Married Men Are Not Taken Back All Magazines' AVill Be Destroyed Approaches Are Guarded Xight and Day. NETW YORK. Feb. 23. In a letter signed "Black Hand" and addressed to Commander Braunstrueter, in charge of the United States naval magazine at lona Island, the threat has been made that the enormous stores of smokeless powder on the island will be blown up unless the married men discharged from employment on' the island January .1. 1908, be put back to work at once. There are 3,000,000 pounds of smokeless powder and other explosives stored in the numerous magazines. Secret service men are working to dis cover the identity of the writer of the letter. Printed by hand, the letter was mallei at the Haverstraw postoffice two weeks ago. It was as follows: If the married men that were discharged from lona Iland are not taken back again at once all the magazines on the Island will be blown up. The writer does not fear death. BLACK HAND. On January 1 between 30 and 40 men, all civilians, who had been employed on the island were discharged, owing to de lay in forwarding funds from Washing ton to continue work. This delay was looked upon at the time as temporary. and it was understood the men would be taken back as soon as the money ar rived. . . Among the men discharged, most of whom were laborers, were many Italians. Sine the receipt of the letter every ap proach to the Island has been guarded day and night by marines, It Is said, and the civilian employes have been kept under the strictest surveillance. lona Island is about seven miles south of West Point. SHOOTS WIFE; KILLS SELF Gambler Enraged Because Spouse Will Not Iiive With Him. SPOKANE, Wash., Feb. 23. Because she refused to dismiss divorce proceed ings which Bhe recently began at Rath drum, Idaho, and return to him, Mark McClemmy, a gambler known among his associates as "Buck" McClemmy, shot and fatally wounded his wife and then committed suicide in the Hotel Pedicord, In this city, this afternoon. The couple had been Involved in domestic trouble for several years. Until about a montli ago they lived at Coeur d'Alene City, Idaho. She left him and came to Spokane. He followed and had her arrested, claiming that she had stolen JTW from him. After Investigation she was released. In par tial settlement of their troubles at that time she took their daughter, Iva, aged six, and he took their son, Harold, aged eight. Mrs. McClemmy secured a room at Hotel Pedicord and he, with the boy, went to Sand Point. McClemmy returned to Spokane. He met Mrs. McClemmy today and after hearing her emphatic refusal to live with him again, drew a revolver and fired four shots at her. Ha then placed the muzzle of the gun against his right temple and blew out his brains. Mrs. McClemmy was removed to her room In the hotel. Her case In considered hope less. ARREST PORTLAND WOMAN Taken in Alaska on Suspicion of Having Stolen Jewelry. SEATTLE. Feb. 23. Passengers on the ship Cottage City, arriving today, report the arrest of a woman giving her name as Mrs. Charles Holme's, of Portland, Or., at Wrangel, by Deputy United States Marshal Shoup, on suspi cion of having robbed a Jewelry store at Juneau several weeks ago. The arrest was made on a telegram sent from Juneau to Wrangel. Mrs. Holmes is detained at Wrangel. She asserted her Innocence. Her baggage was searched, but the missing jewels, said to be a tray of rubies, were not found. Deputy Marshal Shoup has gone to Portland. ' Search In Portland falls to reveal any Information bearing on - this case. Neither police, county nor Government officials know anything about the matter. SHOPS WORKING OVERTIME Baltimore & Ohio Busy Building New Freight Locomotives. CUMBERLAND, Md., Feb. 23. At the Baltimore & Ohio shops and roundhousep in this " city, nearly all the furloughed men, besides a number of car-repairers, have been called back to work. Some of the men have been requested to work overtime in getting out . freight locomo tives", work on which was suspended about the first of the year. LABORERS INDORSE PRESIDENT Also Denounce Rallroad9 for At tempting to Cut "Wages. ATLANTA, Ga., Feb. 23. Fifteen hundred railway men, representing all of the different labor unions whose members find employment with the railroads centering here, met In mass meeting today and adopted resolutions indorsing President Roosevelt's action in ordering an investigation of the re ported cut in wages to be made by railroads when the so-called nine-hour law goes into effect March 4. Another resolution denounced the attempt" of the railroads to "reduce wages, and ac tion was taken looking to a permanent organization of those represented at today's meeting. BORROW MONEY TO GIVE W ORK Plan for Municipalities to Secure Loans From Government. BALTIMORE, Md., Feb. 23. Twelve hundred unemployed men, at a meeting t 7 if-' ' ' - 3(!v8 w r gtuyvesant Fish. Who Has Aban doned His light to Wrest Illinois Central from Haxriman's Control. tonight, passed a resolution calling upon the National Government to loan to states and municipalities on non-interest-hearing bonds, to be used In the construction of highways, bridges and other public works, with a view to relieving the condition of the unem ployed. AUSTRALIA WANTS FLEET CORDIAL INVITATION SENT TO THE PRESIDENT. American Armada Asked to Visit the South Sea Ports Rousing AVelcome Promised. MELBOURNE, Feb. 23. Australia wants the American fleet of battleships, now on its way to San Francisco", to come to this country. The government has already given the matter due consider ation, and a letter has-been sent to President Roosevelt Inviting the fleet to visit the chief Australian ports in the hope that "such a visit would mark a new era In the history of this part of the world.' . -j- As yet no reply has been received here, but today the Prime Minister, Alfred Deakin, issued the following statement "The federal government, realizing the significance of the visit of the American fleet to the Pacific and the importance of future developments of the appear ance of such a great body of warships decided last December to send a cordial invitation to the President of the United States inviting the presence of the fleet at the principal Australian seaports. If the invitation is accepted, the reception given the fleet at Rio Janeiro. Valparaiso and Callao will be repeated oy Australia. The visit would make a new era in the history in this pari oi tne worm. JACKIES ENJOY DAY ASHORE Men From Battleships Take in the Sights in and About Callao. LIMA. Peru. Feb.. 23. This was a day of sightseeing for the Americans of the battleship fleet now lying in me narDor at Callao. More than 3000 of them came ashore during the day, the majority of them sDendin the time in Uma, am us ing themselves in visiting places of amusement and buying souvenirs in the shoos kent onen for their benefit. Oth era took short excursions on the railroads to near-by points of interest, while many stayed close around the Hay or Laiiao, The conduct of the tnousanas or Diue- jackets and marines was admirable, as thev all seemed bent on getting as much pleasure as possible out of their shore leav. Consul-General Samuel I. Taylor and Mrs. Taylor will give a banquet on Tues day evening at the Hotel Maurey, at which the Admirals of the various dl visions and 32 other officers of the fleet, as well as Minister Leslie Combe and the staff of the American Legation, will be among the guests. ARRANGING FOR RECEPTION Governor Gillett to Tell of Califor nia's Entertainment of" Fleet. WASHINGTON, Feb. 23. Governo James N. Gillett, of California, arrived here today for a week or 10 days' stay. Governor Gillett will confer with Sec retary Metcalf regarding the reception which California purposes to give the battleship fleet. "The people of Call fornla are looking forward with th greatest Interest to the approaching visit of the fleet to the Pacific," said Governor Gillett. "Already several Coast cities, particularly San Fran cisco and Los Angeles, are making -ex tensive preparations. The fleet soon will arrive at Magdaiena Jiay And, it is my desire to acquaint Secretary Metcalf with the plans our people ar making to receive it." While here. Governor Gillett will pay his respect to President Roosevelt, 1SH GIVES UP TO Drops Fight for Control of Illinois Central. LITIGATION NOW IS USELESS Union Pacific Able to Circum vent Court Orders. RIGHT WILL YET PREVAIL When Wall-Street Magnate Can Be Smoked Out, Fish Declares Hie : Position in Kato Contest Will Be Justified. NEW YORK. Feb. 23. Stuyvesant Fish announced today that the contest In the Chicago courts to prevent the voting of Illinois Central Railroad Company stock held by the Union Pa cific Railroad Company was closed. Mr. Fish .made the following statement concerning the closing of the litigation in Chicago: 'I went Into the contest at the solici tation of many' stockholders who had for many years entrusted me with their proxies and upon the advice of counsel with great reluctance. My effort has been to protect the Illinois Central and my own large holdings therein of 12,432 shares from exploitation by men whose acts in other corporations have been denounced after full in vestigation, by officers of the Federal Government, and who are In volved In suits. in the courts here In New York, In Utah and elsewhere and have done my best to advise the stock holders of the situation. When Mr. Harrlman and his associates shall at length be forced to answer the ques tions which they have been evading for a year past, my contention that the destiny of the Illinois Central and the Interest of the State of Illinois therein should not be entrusted to Harriman and those selected by him will be jus tified. Submits Under Duress. "I- take this opportunity of thanking the holders of more than 300,000 shares of the stock of the Illinois Central Railroad Company for having honored me with their proxies and their confi dence in this contest. Submitting to, and not acquiescing In Judge Ball's decision, the contest in the courts is now closed." Mr. Fish expressed dissent to Judgo Ball's conclusions and declared continued control of the Illinois Central by Mr. Har rlman would yield no good to the stock holders of the Illinois Central or to the State of Illinois. Iitigation 19 Useless. "The terms of the directors now to be elected will expire before an appeal can be prosecuted to the court of last resort," Mr. Fish stated. "In the meanwhile the Union Pacific will have filled the whole Illinois Central board with creatures of Its own selection. As three Illinois Cen tral directors are elected annually for terms of four years each, it would there after take three years more to put an end to the Union Pacific domination. Un der any circumstances a final decision in our favor would be circumvented by the transfer of stock heretofore enjoined, to friends of the Union Pacific, all of which transfers would have to be attacked by additional litigation. In which the proof of their simulated character would de pend upon the elasticity of the consciences of the transfers. "The Union Pacific has announced its intention of electing as directors the fol lowing citizens and residents of the state of New York: John Jacob Astor, who owns 7000 shares; A. G. Hackstaff. ICS, and E. H. Harriman, 130, together with a fourth person, as yet unnamed. Harrimans' Under-Hand Game. "It was judicially determined In Judge Ball's court that the 14,000 shares which were transferred Into Mr. Harrimans name In September, 190", for the obvious purpose of supporting his false state ments as to his being the largest stock holder In the company, belong and have belonged to the Union Pacific. Indeed, Mr. Harriman has not owned more than 130 shares since in the Summer of 1!)06, he sold his large holdings to the Union Pacific with such secrecy that neither he nor Charles A. Peabody, nor Robert Walton Goelet, who are also directors of the Illinois Central and of the Union Pacific, allowed an inkling of the fact to come to the knowledge of any of their colleagues in the Illinois Central until the record thereof in the minutes of the Union Pacific board was ferreted out by the Interstate Commerce Commission and made public in January, 1!07. Refuses to Serve on Board. "I have been directly and credibly in formed and believe that the fourth direc torship was offered to John J. Mitchell, of Chicago, the president of a bank in which Mr. Harriman recently was, if not now, a stockholder, and- who was asso ciated with him in the Chicago & Alton Railroad, the stock of which Ihe Union Pacific owns one-quarter, but that this gentleman refused to serve. I. ani unable to say whether the reasons for his re fusal are such as would apply to ",b- holding similar positions."