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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Feb. 24, 1909)
THE MOILMAG OtiEGOXIAX, WEDNESDAY, FKBRUARY 31, 1909. OREGON LI DOES T CHICAGO MAN MAY BECOME SECRETARY OF TREASURY cross ill Supreme Court Deckles Chris Neilson Within His Rights as Washingtonian. SETTLES FISHING TANGLE Torse Xet Operated Inder Laws of Neighboring State, When Duly Licensed, Is Declared Legal by Court. OREGOXIAX NEWS BUREAU. Wash ington. Feb. 23. The United States Su preme Court. In a decision rendered In the Christ Nielsen case today,' reverses the finding of tho Oregon Supreme Court, and holds In effect that where there is a conflict between the laws of Oregon and Washington respecting fishing rights on the Columbia River. Oregon cannot pros ecute and punish a violation of its own fishing laws when the act is committed within the territorial limit of Washing ton and sanctioned by Washington law. The case is remanded for further pro ceedings In accordance with this opinion. "Neilsen was within the limits of the State of Washington, doing an act which ttyt state in terms authorized and gave him license to do. Can the State of Ore gon, by virtue of its concurrent jurisdic tion, disregard that authority and prac tically override the legislation of Wash ington and punish the man for doing within the territorial limits of Washing- ion an act wnicn mat state had spe cially authorized him to do? We are of the opinion that it cannot. "It is not at all Impassible that in some instances interests of the two states may be different. Certainly, as appears In the present case, the opinion of the legislatures of the two states Is different, and one state cannot enforce Its opinion against that of the other, at least as to an act done within the limits of the other state. Many Questions Superfluous. "Whether, if the act of plaintiff had been done within the territorial limits of Oregon, it would make any difference, we need not determine, nor whether in the absence of an legislation by the State of Washington, authorizing the act, Ore gon could enforce Its statute against the act done anywhere upon the waters of I the Columbia River. Xeither is it neces sary to consider whether the prosecution I HfinfiS to Defeat YOLUlfj'S COtl should be in the names of the two states nUJCi IU UCICdl lUUIiy d OUII Jointly. "It is enough to decide, as we do. that if an act is done within the territorial limits of Washington, under authority and license within the state, one cannot be prosecuted and punished by the State or Oregon. V' -,.'- ii" ' '- -1 S - s" I,. ' : i . ' " JtS l -- ' f ' ! I ... .N- . - f " ?; I " ' I " " 1 it ' a ' J? i ' " I . T : I ... 'i fe m i - $ - I ". :: - - r- r It - I . J $ i I i 4? - ' . , . I t 1 . x t i ' - - - , . . " v ' , , , i 4 f ; ' . ' t : ' . " I ' , s- "- t : " N rN, ' . , - - t FRASKLI.V MACVEAGH, NEW YORK; Feb 23. (Special.) The name of Franklin MacVeagh . has been presented to President-elect Taft for the position of Secre tary of tho Treasury. Mr. MacVeagh was born on a farm In Chester County. Pa. He graduated from Yale In 1S62 and took a law course in Columbia University, finishing in 1864. Ill health caused him to aban don the law and he went to Chicago and opened a grocery business which he still continues. He is known as a man of public spirit and has served as president of the Citizens' Association, the Bureau of Charities and the Municipal Art League. FULTON WILL FIGHT firmation. A complaint was filed in the Justice Court for the precinct of Astoria, ac cusing the plaintiff of operating and maintaining a purse-net on the Co lumbia River on that day, contrary to the statutes of the state of Oregon. On the same day a warrant was Is sued for his arrest. The plaintiff on July 22. 1907. was convicted and fined 50. An appeal was made to the Cir cuit Court, which sustained the con viction by tne Justice Court. The plaintiff appealed to the State Supreme Court, which confirmed the judgment or the lower court. From that deci sion the writ of error was prosecuted in the Federal Courts. According to the agreed statement of fact, on July 20. 1907. and fur year prior to that date. Christ Neilsen, was a resident of Washington and a citizen of the United States. A license to operate a purse-net upon the Co lumbia River within the limits of the state of Washington was issued to Neilsen by the Fish Commissioner of Washington on April 10, 1907. Under this license Neilsen operated a purse- net and caught a large number of sal mon July 20, 1907. By express stipu lation of all the parties all the laws of Washington, relating to the action. were considered as being in evidence In all the courts where this cause might be heard. The question in volved in it was the sovereignty of Washington and Oregon over the Co lumbia River where the same forms the common boundary line between the two states. Question of Jurisdiction. Another pertinent question In the case was what does "concurrent Juris diction" as used In the enabling acts of Oregon and ' Washington mean? In this case the plaintiff was a resident of Washington and had complied with Its statutes in regard to fishing with purse-nets on the Columbia River. The State of Oregon .has passed a penal statute prohibiting fishing with purse- nets on the Columbia River, while the State of Washington has passed a law allowing fishing with purse-nets on the Columbia River upon the payment of a certain license fee. The two states Instead of passing the same or similar laws, have passed laws diametrically i opposed to each other. The plaintiff's counsel contended that the states of Oregon and Washington each own the bed of the Columbia River up to the line where the river forms the common boundary between them and each has in its territorial limits exclusive sovereignty over all permanent structures attached to the river bed, the fish in same and the power to regulate the catching of fish. Concurrent Jurisdiction was held to mean that where both states have passed the same or similar laws in" re lation to civil or criminal matters then either state may enforce its laws over Its boundaries where the river forms the common boundary, but that until each state has passed the same or sim ilar laws, neither state can enforce its laws outside of its own territorial limits. BOURNE FEARS FOR HIS MAN Doubtful Tliat Young AVill Be Re nominated if Senate Kails to Give Him Portland Post mastership Tills Session of Concress. OREGOXIAX XEWS BUREAU, Wash ington, Feb. 23. The Senate postofflce committee, after a brief discussion to day, favorably reported the nomination of John C. Young to be postmaster at Portland. In view of Senator Fulton's announced purpose to object to Young's confirma tion, several members of the committee urged Bourne to consent to let the mat ter go over until after March 4, but Bourne refused to consent and demanded a report. Bourne has the right to name the postmaster in his home, but the Sen ator has serious doubts whether Young will be renominated if he falls of con firmation before March 4. Fulton said today he would fight the nomination to the end of the session and feels confident he can defeat it. apologizing for Rairrey's remarks regard ing President Obaldia, of Panama. Independent Church Loses. WASHINGTON, Feb. 23. The case of Santos vs. the Catholic Church at Tam bobong, in the Province of Rizal, Philip pine Islands, involving the controversy between the Independent Filipino Church and the Roman Catholic Church over the ownership and possession of the church edifice in Tambobong, was decided by the Supreme Court of the United States today against the Independents. SECURES XEW FEDERAL JUDGE Fulton Gets Amendment Tacked on to AVashington Bill to Aid Oregon. OREGON IOX XEWS BUREAU. Wash ington, Feb. 23. Senator Fulton today re ported to the Senate, and was assured of its immediate passage, a bill recently passed ' by the House, authorizing the appointment of additional Federal judges for tho Western Washington district. He secured an amendment to the bill au thorizing the appointment of an ad ditional Judge for Oregon. His amend ment does not create a new Judicial dis trict in Orceon. as this would be out of tlie question this session, but provides that in addition to the regular terms of court at Portland, court shall be held once each year at Pendleton and Mi'rt ! ford. The bill now goes back to the House for action on the Fulton amend ment. STILL LACK ONE JUROR Calhoun and Fellow-Defendants Get Xew Bondsman While Trial Waits. SAN FRANCISCO. Feb. 23. The quest for a Juror qualified to take the twelfth place among those who are to try Pat rick Calhoun upon an indictment for bribery was unsuccessful today. After four talesmen bad been interrogated and disqualified, adjournment was taken until tomorrow. Judge Lawlor directed today the man ner of substitution of bonds for Patrick Calhoun. Tlrey L. Ford. William M. Ab bott and Thornwall Mullaly. all Indicted In connection with the overhead trolley deal. The defendants were desirous of substituting the Fidelity & Deposit Com pany for tho Metropolitan Surety Com pany as guarantors of the bond of $140. 000 provided for each: and while there was some difference of opinion as to the manner in which the substitution should bo effected, it was eventually arranged by surrender of the defendants Into the custody of the Sheriff, and their immedi ate release on tha new bonds. TOY TOY MUST GO TO JAIL Supreme Court Cpliolds Decision of Lower Court in Murder Case. OREGONIAN NEWS BUREAU, Wash ington. Feb. 23. The Supreme Court to day, affirmed the decision of the United States Circuit Court for the District of Oregon, sentencing Toy Toy. a Umatilla Indian, to life Imprisonment at McNeil's Island for the murder of Annie Kdna, an Indian woman, upon the Umatilla reser vation. August 24. 1900. The Supreme Court also sustains the Circuit Court in Its denial of a habeas corpus writ. Xew Postal Appointments. OREGONIAN NEWS BUREAU, Wash ington, Feb. 23. Lester Penn was today appointed regular, C. W.- Penn substitute rural carrier, route 2, at Mount Vernon, Wash. Oregon postmasters were appointed as follcfws: Gates, David B. Smith; Madison, Ida Crawford. To Purify Mail Matter. WASHINGTON. Feb. 23. A bill to amend the postal laws so that publica tions of indecent or immoral character, notices giving Information how such pub lications may be obtained or communica tions threatening assault, arson, murder or assassination, will be declared unmail able, has been Introduced by Representa tlve.Garrett, of Tennessee. The measure provides that a fine of not more than $5000 or imprisonment for five years, or both, shall be the penalty for such offenses. T EXPLOIT HUPIHOS SUPREME COURT DECIDES SUIT AGAINST GOVERNMENT. All Doubts About Land Titles to Be Decided in Favor of Claim ant, It Sas. WASHIXGTOX, Feb.-23. In an opinion by Justice Holmes, the Supreme Court of the United States today decid-ed the case of Mateo Carino vs. the Govern ment of the Philippines against the Gov ernment. Tho case grew out of a con troversy over the" title to a tract occu pied as a military reservation in Ben guet, which was claimed by Carino through possession covering 30 years. He had not registered his claim and had received no title from the Government, and the Insular Court decided that mere possession would not give title. That position was reversed by today's de cision. Justice Holmes said tho United States had taken possession of the Philippines in a different spirit from Spain's. "We must do justice to the natives and cannot exploit their lands for pri vate gain." he declared. "Every pre sumption Is and ought to be against the Government in a case like this. If there is doubt Or ambiguity in the Span ish law, the claimant should have the benefit." , Tlie opinion is' considered Important as showing the court's tendency in dealing With Philippine land problems. Asiiland Eye-Doctor in Trouble. GRANTS PASS. Or.. Fob. 23. (Special.) Carrie Staggs, 15 years old. who pre ferred a statutory charge against H. M. Coss. of Medford, and placed him within the shadows of the penitentiary, is again in court as private prosecutor. This time the victim is Dr. J. Edward Castlen. an eye specialist of Ashland. Castien was arrested Saturday night. He was given preliminary hearing here today and bound over to answer before the next grand jury in the sum of $2000. which has not been furnished at this time. HE WELCOMES NAVY'S OFFICERS Gold Braid Makes Richmond Luncheon Most Brilliant Function of Greeting. SPERRY EXPLAINS VOYAGE Says It Was Taken to Show AH Na tions the Power of United States. Wainwright Pays Compli ments to Ladles. RICHMOND, Va., Feb. 23. The South land paid homage today to the globe girdling fleet in this old capital of the Confederacy. "We welcome you to the hearts of a people who yield to no one in devotion to the American Navy or In loyalty to our flag," was the sentiment expressed at a luncheon by Mayor Richardson in welcoming Rear-Admiral Sperry, Rear Admiral Wainwright and 54 officers. The luncheon, at which men of all walks of civil life, all ages, and of un yielding loyalty to the cause of Lee and Jefferson Davis fraternized with the fighting men of the Navy, was given by the Richmond Chamber of Commerce. Admiral Sperry received an ovation. Fleet's Efficiency Increased. He referred to "this first separate wel come since we have returned to our shores," said he had not read his official mail since arriving on the American side, and smilingly added: "I don't know where the Secretary of the Navy is and, wnat Is more, I don't care." The Admiral pointed out that the voy age around the world was no junket. "While we have been encircling the globe," he said, "we have doubled the score of last year's target practice. The fleet's efficiency has increased 25 per cent by economy of coal consump tion, due to hard and faithful work of the men below decks. When a con test comes a navy must know how to get there and how to stay there when it gets there. Necessary to Show Fleet. "Now that the world is governed by the people and for the people, it is not sufficient that a solitary arbitrary ruler should know on paper the possi bilities of a contest, and the questions at Issue under the constitutional forms, when in all the world today, even in Russia, public sentiment may force a ruler into a war or keep him out of it. And since the people generally are only impressed by what they see, it Is necessary, if you require the peace of the world, that you show your fleet." Congressman Lamb, of Virginia, de clared that if Virginia "had had a dozen Merrimacs instead of one, 50 years ago, we should have had peace in stead of four years of blood and strug gle." Rear-Admiral Wainwright In his address bowed to the gallery and re marked: "We can all shoot straighter and fight better when we are remembered by the girls at home." ' SL0 WPROGRESS IN HOUSE Debates Sundry Civil Bill, Squelches Attack on Bacon. WASHINGTON. Feb. 23. Appropriation bills mainly occupied the House today. The sundry civil bill was considered, but progress was slow. The fortifications. executive; legislative and Judicial, diplo matic and consular and postoffice appro priation bills were sent to conference. Clark, Florida, unsuccessfully attempt ed to secure an investigation into the writing of a. letter by Secretary Bacon Schooner Melrose Libeled. PORT TOWNSEND, Wash.. Feb. 23. A libel against the American schooner Melrose, lumber laden from Everett for Guaymas, and ready for sea here, was placed by Federal Court officers tonight. The Puget Sound Boat Company seeks by the litigation to collect $5000 from the schooner's owners, the Coast Shipping Company of San Francisco, for services rendered when, it is claimed, the schooner was in danger of being driven from an anchorage near Victoria and wrecked on Vancouver Island. Albany to Vote on Bond Issue. ALBANY, Or., Feb. 23. (Special.) The question of Issuing $50,000 bonds' for the erection of the proposed new high school here this Summer will be voted upon by the people of the Albany School District next Friday. No Quorum to Vote on Senator. SPRINGFIELD. 111.. Feb. 23. The quo rum was broken today for the second time In the joint session of the Assembly to ballot for United States Senator. Most of the legislators remained at home to take part in the primaries. BUFFETED BY SOUTHEASTERS Fleet Crowds Hampton Roads Nor folk Will Entertain Crews. FORTRESS MOXROE. Va., Feb. 23. The bad weather that greeted the battle ship fleet at the Virginia Capes yester day, the worst the ships have experi enced in any port on their way around the world, continued today. Storm sig-. nals were hoisted on the beach, and dur ing the afternoon a stiff southeaster set in. The ships, safely t anchor, paid little heed to the blow, but tho little white and gray steam launches were buf feted by wind and wave. That part of the roadsted running west from Old Point pier seemed fairly choked with fighting craft today. The two long lines of the combined sqJiadrons of Ad nfiral Sperry and Admiral Arnold stretched away from the dock almost as far as the eye could reach, the gray ships of the stay-at-home fleet fading away in the mist overspreading the harbor. Will Parade at Norfolk. Nearly one-half the ships began coal ing, despite the weather. ' All came in with bunkers nearly" empty, after the long and stormy run from Gibraltar. It is hoped that tlie last of the ships will have been coaled by Saturday, in order that the men may parade in Norfolk on that day. A committee from Norfolk visited the flagship Connecticut today to extend an invitation to the men of the fleet to be the city's guests Saturday, but Admiral Sperry had gone to Richmond. There is little doubt that the Norfolk in vitation will be accepted, and that sev eral thousand men will be sent to parade. This will be the first shore leave the men will have had. They are being kept aboard ship now In anticipation of an in spection by Admiral Sperry. The battleship Vermont, of the first division of the returning fleet,, is yet in quarantine. A case of smallpox developed on board. Cheers for Time-Expired Men. One of the most interesting sights to day was the departure of a large number of enlisted men whoso terms of service had expired. As they left they were given lusty cheers by the sailors. Negro boys and porters loitering about the dock reaped a harvest from the home coming sailors who, disdaining to carry their own satchels and bundles, handed them over to the boys to be taken to tho railroad station or trolley cars. The bluejackets brought home all manner of souvenirs from every country visited. PROBLEM LEFT TO TAFT What Shall Be Done With Crum, Negro Collector? OREGONIAN NEWS BUREAU, Wash ington, Feb. 23. The Inability tjf the majority In the Senate to force confirma tion of W. D. Crum, the negro Collector of Customs at Charleston, S. C, means that President Taft will be called upon to wrestle with this perplexing and em barrassing problem when 'he begins to fill offices left vacant by the Roosevelt administration. The sole objection to Mr. Crum is his color; as an administra tive officer he has a splendid record; his personal character has never been as sailed. And yet, because he is a negro, the people of South Carolina object to having him in tlie office of Customs Col lector, and because of their objection Senator Tillman, backed by other South ern Senators, has been able to prevent his confirmation. This negro, after a long fight, was ( confirmed by the Senate four years ago. There Are New Goods in All Departments 50c BromoiG Seltzer 29c t Pole 50c Bromo Seltzer 29c t These Bargains for Wednesday are such good values that we feel j ustified in calling special attention to each of them in this advertisement. We have pro vided large quantities of merchandise. In most instances the range of patterns is as large as though you were choosing from regular stocks at full prices. Do not miss a single item. There is a great variety of goods to select from. $3 Kimonos at $1.39 The best values and best assort ment of $3.00 lightweight flan nelette Kimonos for $1.39 that you have ever known. Floral stripes and polka- t1 OQ dots ..r ' 75c Aprons at 45c Superbly made cover-all Aprons, generously full length and width, with deep ruffle at bottom; made of fine quality gingham. Just for 4 C -Wednesday. 75c values. $1.00 Pictures 49c Famous "Burlington Proofs," in Flemish brown frames, gilt lining reproducing with won derful beauty and clearness the favorite masterpieces of classic painters. Just for A Q-Wednesday $2.00 Sashes at 79c Regular $1.50, $2, $2.25 new Directoire Sashes, in all plain and fancy colors. Be sure to see them and see how they har monize with new suits. 7Q Just for Wednesday Tooth Powder 16c Just for Wednesday, our Owl Cut -Rate Drugstore will sell 25c packages Dr. Graves' Tooth Powder, Sanitol and Sozodont, at the low sale 1 price. .". " $3.00 Waists $2.38 New Spring 1909 lingerie, plait ed tailored and striped madras tailored Waists: also R a j h i n e blouse Waists, in cream, dark red, navy, light blue. Just for Wednesday. . . . $2.38 $1.50 Curtains 98c Ruffled Swiss Curtains, 2Y2 yards long, 40 in. wide, hem stitched ruffles, large variety of dots and figures. Pretty, sim ple and sensible. Just QQ for Wednesday, pair...'OC $30.00 Suits $9.95 Women's tailor-made Suits in various styles and sizes ; a 1 s o lingerie and wool dresses in very becoming styles.' Values up to $30.00. Just for Wednesday, $9.95 35c Pongee 25c Yd. Mercerized rough weave Pon gee, can be laundered without impairing its beauty of weave or finish, in all the standard and new shades. Reg- OC ular 35c yard J Fine Gold Frames Complete with Glass and Back. 5x7 in., regular 45c, for...25? Cx8 in., regular 50c, for...23 7x9 in., regular 6oc, for...39 8x10 in., regular 75c, for..39J 10x12 in., regular 85c, for.49J 12x16 in., reg. $1.25, for.. .49 Stationery at 12'2C Best quality linen fabric box paper, unruled, regular size, with the most desirable shaped envelopes to match, broken lots. Values to 50c, for Wednesday only A C Good Gas Mantles Incandescent Gas Mantles guar anteed for 3 months, have pro tected supports, produce a bril liant white light, will fit any burner. Just for QEto Wednesday only t3C $1.00 Suitings 69c 46-inch all-wool Serges, 50-inch Panamas, all-wool Taffetas and stripe Serges, in black, navy, brown and green. Reg- f ular $1.00 a yard DiC 25c Ginghams 20c 1200 yards of handsome Scotch Gingham in broken plaids and stripes, all the new colors of blue and tan in pretty designs. Regular 25c yard, just Ofj. for Wednesday $1.50 Gloves at 98c Another shipment of our fa mous one-clasp Dent style Cape Gloves has just been received; always proper for street wear. Regular $1.50 a pair. QQ Just for Wednesday OC Fine Biarritz Gloves 50 dozen of 6-button Biarritz Gloves, in all shades of tan, brown, etc.; just the wanted shade for Spring. Regular $1.50 pair, just for Qftr Wednesday 70t 65c Neckwear 19c Ladies' choice Neckwear, com prising njost everything now in vogue; plain tailored, novelty lace, tab effects, collarette de signs, etc. Values to 6oc, 1 Q just for Wednesday. . . '.C 55c Ribbon at 27c 4-inch pure Silk-Satin Taffeta Ribbon, in black, white and all colors; positively the biggest values offered. Reg. 55c yd., Wednesday only... 27c 10c Handk'chiefs 3c Handkerchiefs slightly soiled from counter and window use, values to 10c each, while they last, just for Wednes day only 3c Embroideries at 25c Thousands of yards of dainty Embroideries, either grade, many blind and open patterns to choose from; values to $1, Wednesday only. 25c 15c Suitings at 9V2C White Linene Suiting 32 inches wide, new Spring goods, regu lar 15c yd.; a remarkable wash fabric. Just for Wednesday only. , 9V2C India Linen Now 7c White India Linen, 27 in. wide; this fabric is known by every one for its wearing and wash able qualities; regular 12'-! a yard, just for Wedncs- 7 day only Bath Towels on Sale Bleached Turkish Bath Towels, 50x22 inches, extra heavy and the largest-size Bleached Turk ish Towels ever sold at nj; this price; reg. 35c Pres de Soie at 25c The famous taffeta finish pet ticoat and lining material ; looks like silk, wears better than silk; in black and all col ors. Regular 35c yard, OCr just for Wednesday Jv but his term has expired. Whether, in view of this fact. President Taft will deem it expedient to nominate him again is a. question no one can answer. It may be that Mr. Taft, who is striving to placate the people of the South, will hold that, .inasmuch aa Mr. Crum had had one term over the protest of the white citizens of his state, he is not en titled to continuance in office. Or he may deem it advisable to transfer Mr. Crum to some general Federal office, per haps in Washington, where there would be less protest. Mr. Taft's friends predict that he will get out of an embarrassing situation more gracefully and with less friction than did President Roosevelt. Could the Senate have confirmed Mr. Crum over Tillman's protest, Mr. Taft would have been relieved of this embarrass ment, and that was the object of the leaders In attempting to confirm Mr. Crum some days ago. But the question is now up to Mr. Taft. The Senate could not relieve him. Mr. Tillman, with his Southern supporters, strong. was too BUSINESS MEN TO MEET Board of Trade Will Hold Annual Session Tonight. i Members of the Board of Trade will gather in the rooms of .the organization in the Commercial Club building tonight at S o'clock for the annual meeting and election of the organization. Reports will be made hi the work conducted during the year by President Townsend and Treasurer Paget, and 21 directors will be elected to serve for one year. These will be chosen by the nominating committee, each department of the organization con tributing a certain number. The direct ors will elect the officers later. President Townsend's report, showin? the objects accomplished during tho past year and the work undertaken by the or ganization, will be the principal address of the meeting. There are several prob able candidates for president. Hummel In Good Health. NICE, Feb. 23. There is no truth in the report published in tlie United States yesterday of the death of Abraham Hum mel, the New York lawyer. He is In good health. Rich diamond fields have been discovered in German South Africa.