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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (June 2, 1909)
14 THE MORNING OREGOXIAN, WEDNESDAY, JUNE 2, 1909. HANLEY G0NV1GTED Of! SINGLE COUNT Compromise Verdict Finds Him Guilty of Maintaining Fence Around Federal Land. RESULT SURPRISE TO ALL Big Itancher Is Not Held as Prevent ing Access to Tract and Defense Will Seek New Trial on Peculiar Italing. Found guilty of maintaining an en closure of Government land and not guilty of preventing access to or transit across Government land was the some what paradoxical verdict reached by the .1ury in the trial of William Hanley, the bis stockman of Eastern Oregon. Under this conviction Mr. Hanley can he sentenced to pay a fine of J1000 and he imprisoned for one year or both. , The minimum fine and imprisonment is $t and one day in Jail. The verdict was apparently a com promise reached after the 11 Jurors had deliberated for 17 hours and was an nounced in court at 9:15 o'clock yesterday morning. Mr. Hanley was not present, but was represented by his attorneys, C. E. S. Wood and John Gearin. It Is understood that the Jurors stood seven for conviction and four for ac ciuittn.1 on both counts when the first ballot was taken and that all of Monday night the alignment stood unbroken. It is believed likely that the seven who stood for conviction agreed on acquittal on the second count and the others con sented to a verdict of guilty on the first. The result of the trial was a surprise to both Hanley and his attorneys as they confidently expected an acquittal, believ ing they had shown that Mr. Hanley, as manager of the Harney Valley De velopment Company, had never given orders to keep in repair the fences which were put up by former owners and that Mr. Hanley believed them to be In a dilapidated and ineffective condition. Vnusual Features of Case. The case thus closed had some unusual features inasmuch as part of the en closure was alleged to be a high rim rock or natural barrier. The fences ex isted on three sides and on but part of the fourth with the . exception of fences across a few draws or canyons through the rimrock. All the fences, in fact, were on deeded land owned by the company, but trie original holders had purchased a strip of 40-acre tracts extending partly on two sides of the en closure. One of these strips, a quarter of a mile in width, was about 13 miles in length. The fences, it is asserted, were origi nally constructed by Pete French, now dead. Within the enclosed tract are four ranches, the "P" ranch. Buena Vista. Sod House ranch and Diamond ranch all owned formerly hy the French-Glenn Company, and acquired about two years ago by the Harney Valley Development Company, of which Mr. Hanley is man ager. These ranches comprise about 50 00 acres of deeded land. The Government land within the enclosure has an area of ftVOOO acres. It is about 100 miles' around the tract, requiring about 70 miles of fences, besides the natural barriers to enclose It. It is proper to explain that the verdict of guilty" against Hanley involves no question of real moral guilt. The indict ment did not claim that Mr. Hanley ever had anything to do with the construction of the. fences In question. But the law permits a man to be tried If the fence is maintained on his property, whether orig inally constructed by him or not, and all that this verdict declares is that a fence was In actual existence on property of which Mr. Hanley is manager. Upon the charge that he had ever obstructed en trance upon the Government land, or had in any way prevented access to It he was found not guilty. Mr. Hanlev's' life record is opposed to the fencing of Gov ernment land. He stated under oath at the trial that he had never fenced a foot of Government land in his life. TARIFF AS A SUBSIDY So Define! iy One rf us Warm Advocates. WlXLCKTv, Wash., Mav SL-To the Kditor.) In reply to your armwv to my questions, in your issue of May permit me to fay: It seems you devoted an undue amount of space In your esteemed paper for the purpose of Informing your readers that 1 hold an office under the Federal Gov eminent. That has nothing to do with the tarifT question. Xeither did vour paternal advice, as to what I should "sav if. perhaps. I should feel under obliga tions, to hold orthodox views on protectionism- throw any light on the subject matter, except to detract attention from the issu and cast suspicion upon my sincerity and motives. Allow me to as sure you that I feel as free and untram meled to express my views on any sub ject whatsoever, as any editorial writer working for a salury or owning a paper' My questions referred to your editorial in your issue of May 29. in which you say: "It is not the competition of pauper made goods which the American work man has to dread. . . What he has to fear, is the pauper himself who invades this country." In answer to my question, "Why?" you say: The alertness and intelligence of American labor has a fair chance to win Its legitimate advantage, in unite r,r h fact that it earns more money, than the '"'"S" a can in ins own oountry nevertheless It puts a cheuper article on the market, for the reason that it can do more work In a day and ran in it k. The poorly-fed. downtrodden foreigner Is ""h' "i minu ana Douy. his move ments are slow and ill-directed, his pro duct la like the man who nroHm-e it Such remarks are quite popular and. If un.u ..mi jjiuper patnos in a spread eagle speech, call forth great applause and cause the blood to tingle in the vein. of every American whose ancestors im migrated more than a generation ago Hut is It true? Can the products of American labor successfully compete with the products of pauper labor in the mar- eiB oi tne world? Some of our industries are so highly developed that their products, though made by expensive labor, can outsell SnH undersell the foreign product of the same variety in its own market. These in dustries need no protection, they have outgrown their Infancy and should' be left to take care of themselves. But there are others. Humiliating as it may be, vet it is a fact that some of our In dustries are as yet mere infants who. if left unprotected, would have as little chance to win in & struggle with their Kuropean rivals, as an ordinary man would have in a fight with a professional pugilist. In spite of our tariff, great juiwitiues of pauper-made goods are an nually imported into this country which undersell and outsell, that is to say, com mand a higher price, than the same class of goods, made by expensive American labor. For instance: Razors, under the Dlngley rates, pay a duty of 56 per cent, the House proposes to raise this duty to 75 per cent and the Senate to 100 per cent. The object is obvious. The Dingley tariff has not been adequate to build up a razor industry of our own. Perhaps it is not worth while. The -slow" British and Germans make a better razor, for less money, than the bright and Intel ligent Americans. , The "sluggish in mind and body" for eigners furnish us textile fabrics, woven ffom our own cotton, for which we pay 'double the price of our domestic product. The "ill-fed" Germans knit from Ameri can cotton, hosiery and gloves that have no equal. The "downtrodden" Irish pro duce linens, we cannot match. The heathen Chinese and Japanese sell us goods we cannot duplicate. The "stupid" Russians hammer sheet iron, worth more than the best that American ingenuity can produce. We pay 10 and 15 cents for a lead pencil which bears the stamp "made in Austria." Our rugs can't hold a candle to those made by the semi barbarians of the Orient. Remove the tarifT and living expenses in the United States will be cheap cheaper than In BJurope. for we have more land. The price of labor will be cheap also. If American labor, one may ask. must dread the competition of the products of foreign cheap labor, why should it not also fear the pauper, himself, when he invades tills country? I am aware, there are undesirable im migrants, coming to our land, but I am not now discussing the problem of im migration. The pauper-made goods which American labor must dread are not pro duced by these undesirables, but by peo ple of Western Europe. In the race for industrial supremacy Great Britain and Germany are our principal rivals. The Italians, Greeks, Hindus, and Asia tics are. In that respect, a negligible quantity.. "Wages," you say, "depend not upon tariffs, (No more than the crops that grow in the Skagit Valley depend upon the dyke along its river), but on the the number of men who are bidding for the same job. If only one man wants it, he can fix his own wages." Only one man for a Job! That would be a paradise for the employe, but, how about the employer? "If two want the Job," you continue, "it will go to the one who will take the less wages." The dull, slow, sluggish in mind and body foreigner will, of course, underbid the bright, alert and Intelligent American, and carry off the plum! "This is a fact of experience," you further assert, "which our tariff theorists find it convenient to overlook at all oc casions." Xo doubt, there are tariff theorists who look upon one side of the question only, and you seem to belong to that class. It Is an elementary principle in economics that the price of a commodity, including labor, depends upon demand and supply, not upon supply only, as you appear to think, but upon supply and demand. When a foreign laborer comes to this country, he increases the supply of labor which has a depressing effect upon its price, but, mark you, he also becomes a consumer of the products of labor, where by he increases the demand for labor and stimulates Its price. Hence, I conclude: The American laborer need not fear his foreign rival, when he lands on our shores, because the immigrant effects equally demand and supply of labor, his influences balance, and for the further reason that immi grants from the countries of our indus trial rivals, soon .after landing, com mand the same wages and adopt the same standard of living as the Americans. The American laborer, on the other hand, has reason to dread the competi tion of the products of foreign cheap labor, for the reason that the products of our factories, in many lines, are inferior in quality and cost more to produce, than the imported article. A protective tariff, as far as it actual ly protects. that Is to say, -as far as it prohibits importation and forces the con sumer to pay a higher price for the home product, than he would have to pay, if the article were admitted free, is a tax, a subsidy, paid by the consumer to cer tain industries. Subsidies are, sometimes, sound business propositions. The tariff question is a complex and In tricate problem. It sheuld be in the hands of a commission of experts, not in the hands of Congress. JOHN L. GRUBER. Woman Promises to Do Better. Sentenced by Judge Bronaugh yester day to one year in the State Penitentiary for passing a $p check on the Dresser galley Grocery Company when she had no bank account, and placed on parole to Miss Butler, assistant probation offi cer of the Juvenile Court, Mrs. Mary Schells broke down in the courtroom, and with a choking voice told the Judge that she would try to do right hereafter. The Judge told her that he hoped this experi ence, which is the second of like nature she has passed through, would be a les son to her, and said that it was in con sideration of the fact that she has young children fo care for that he extendel to her the parole. SHE WAS CHOIR SINGER HERE Miss Mary Adele Case Began Her Way to Fame in Portland. Miss Mary Adele Case, whose engage ment to Claus Spreokels of California, was recently announced, was formerly a well-known concert and church choir singer in this city. She was born in one of the Middle Western States, and after the death of her father, who was a physician, she and her mother removed to Oregon City, Or., where they made their home, about 10 or 12 years ago. Miss Case discovered she had a mezzo soprano voice, which afterward turned out to be a contralto of fine quality, and, yielding to the advice of her friends, she placed herself for instruction under the direction of Mrs. Ellen Kinsman Mann, then a well-known teacher of voice in this city, but who has since removed to Chicago. 111., where she is a member of the Chicago Conservatory of Music. Miss Case next proceeded to Boston, Mass.. for further vocal study, and after an absence of about one year, returned to this city in 1902. She taught music at Baker City, Or., and soon made a reputation as a favorite singer in this section of the country. But she was am bitious to study and sing in the larger world of music, especially in Europe, and through a friend she attracted the notice of Henry Clay Barnabee. who happened to be singing in "Robin Hood" at the old Marquam Grand. Mr. Barnabee was so rushed with rehearsals and the like that he had no spare time at his disposal to make an appointment at the theater where he hoped to test Miss Case's voice. Much depended In those days on what Mr. Barnabee's verdict would be, and Miss Case succeeded in meeting the vet eran singer and comedian as he was sit ting in the depot waiting to board his train. "It's too bad I couldn't find time to hear you at the theater or some other place where there Is a piano." began Mr. Barnabee. in his best apologetic vein. "Very sorry, miss. Next time we come to Portland, maybe '' "I won't .let you leave town until you have given an opinion of my ability as a singer." insisted Miss Case, pluckily. "Won't you hear me sing now?" Vsed as he was to surprises, Mr. Bar nabee was somewhat taken aback, but he told the young woman to sing anything she knew. People were hurrying to and fro to board trains, baggage smashers were throwing tender, little trunks right and left, when suddenly a pure contralto To Be Business and Industrial Center of Peninsula Builders, Contractors, Capitalists Awake to Your Opportunities The SWIFT PLANT will be completed in about two months' time; This, with the MONARCH LUMBER MILL, wiU emplov THOU SANDS OF MEN, who will want to live close to their work. EAST ST. JOHNS is over 2000 feet nearer to these industries than Swift's own townsite. Houses will be snapped up by workmen as fast as they are erected in East St Johns. Wise builders will start scores of houses without delay. THIS IS YOUR OPPORTUNITY. You can either sell or rent houses advantageously. You can secure WHOLE BLOCKS OF LOTS AS LEVEL AS A FLOOR, with GRADED STREETS and WATER MAINS laid, at very LOW PRICES ACT QUICKLY. We are allowing 10 PER CENT DISCOUNT while grading and pipe-laying is going on. Also a special building discount Excellent business and manufacturing opportunities are now open at EAST ST. JOHNS. PORTLAND is destined to be the of Greater Portland. As hundreds of thousands of people populate the Penin Such as it is, with four bridges, traffic is greatly impeded. Ships, will eventually abandon the upper river, and new shipping facilities avoiding the bridges. It will not be many years before all sea-going ships will pier on the great rapidly taking its course here. Maegley Junction is the heart of the Peninsula, through which the main a The North Bank Depot, the only pne on the Peninsula is at Maegley Junction, stop at Maegley Junction. The great Swift Parkin? Plant. Monarch Lumber M centering around Maegley Junction. East St. Johns is ONLY TWO BLOCKS fr is the nearest high land and business and residence district to the big industr times more life and progress TODAY than any other section of the Peninsula, son Is plain to all who know anything about expansion. The Secret of Sue people want 10 locate, ana to jset mere -nrt. people s judgment airier a lew with precision. Others vacillate and later bemoan their apathy, and find litt too might be wealthy if they Invested their money when they had the oppor axioras even me poor man. TAKE RUSHL1GHTLIKESH1SJDB MAYOR FOR DAY HE IS READY TO RUN AGAIN. Executive Board Meeting at Which He. Presides Does Little but Audit Payroll. A special meeting of the Executive Board was held yesterday morning at the City Hall, with Acting Mayor Rush light in the chair. Mayor Lane being In Seattle the represent Portland at the opening of the Alaska-Yukon-Pacinc Exposition, .the duty of presiding at the session fell to the lot of Mr. Rush light, who later said he enjoyed' the honor so much that he will be a can didate for Mayor again two years hence. He ran in the recent primaries, and was defeated, but now says that a taste of the position satifies him that a term as chief executive of the munic ipality would be worth having. One brief day is all the honor allowed him, however, as Mayor Lane will resume the" duties of office this morning, hav ing returned home last night, after performing his part in seeing that the Seattle fair got started oft all right. There was a wait of one hour before the meeting of the Executive Board got under way, but there is usually more or less delay in these sessions. There are but seven members of the Board, and but five of them appeared, so that there were not enough to trans act business, there being no quorum. John Montag is about to start for a trip to Europe, and was absent, and P. E. Sullivan was unable to attend, so the members prevailed upon Chief Deputy Auditor Grutze to telephone for Mr. Rushlight. The chief object of the meeting was to. pass on the monthly payrolls of the city, and these were auickly disposed of. George Simons, manager of the Pacific Bridge Company, requested the voice sang that immortal solo ot Jessie Bartlett Davis, "Oh, Promise Me." Work at the depot stopped. The moment the last note was sung Mr. Barnabee congrat ulated Miss Case on being the possessor of what he called a splendid contralto, and advised her to proceed to New York without further loss of time and study with the best voice teachers to be found. To raise the necessary funds for the ven ture a complimentary concert was ten dered to Miss Case in Parsons Hau a building that was afterward burned and among those who sang at this concert were the debutante of the occasion? and William H. Boyer, Harry W. Hogue, Dom J. Zan and W. A. Montgomery. Miss Case also sang at a concert at the Mar quam Grand, where she was assisted by Mrs. Rosemary Gloscz Whitney- and Ar thur Alexander. Vocal study in New York accomplished. Miss Case returned here after two years' absence, and sang at several concerts given in connection with the Lewis and Clark Exposition, and also at the Willam ette Valley Chautauqua at Gladstone Park, Or. She next visited Berkeley. Cal.. where she succeeded in obtaining a position In a church choir there as con tralto soloist. One of her new pupils was a blind girl, a soprano, and a warm friendship Immediately sprang up be tween pupil and teacher. This girl's rela tives wished her to proceed to Paris, France, where it had been arranged that she should consult with a specialist, and they offered to pay Miss Case's expenses If she would agree to acompany her pupil. The offer was accepted, and the two girls started on a tour which embraced trips to Japan, New Zealand and through the Suez Canal to England and France. At the American Church, Paris, Miss Case was appointed contralto soloist and speedily became a well-known figure in the Amer ican colony. April 30 last Miss Case gave a concert at the Theater Femina. Paris, assisted by Thomas N. MacBurney, and Miss Case's solos on this occasion were three Schu bert numbers "Aufenthalt." "Der Tod und das Maedchen," and "Ich Grolle Nlcht": "La Chere Blessure" (Hahn), "La Prlncesse Edormie" (Borodino), "Nuages de Mlarka" (Georges), "Gae to Sleep" (Fisherd). and three Hungarian melodies by Gyula and Korbay. She also sang one duet with Mr. MacBurney, Doni zetti's duo "La Favorlta." ALL RAILROADS WILL COME OVER THE NORTH BANK All Transcontinental and Local Trains Stop at East St. Johns THERE'S A REASON, AND IT'S PLAIN! GREATEST citv west of Chicago. The EAST ST. JOHNS IS THE PLACE ST. JOHNS CAR AND GET OFF Board to award the contract to his firm, if the bid is regular, for laying bitulithic pavement on East Burnside street, from East Tenth to East Thir tieth streets, but this the board de clined to do. Mr. Simons said that his company has completed nearly all of its contracts for the city, and that additional work is required, If the large force of employes are to be retained. He wished to save time by securing action yesterday, but the matter Is be fore the street committee, and a mo tion by Isaac Swett to take It up, met with oppositlpn, and he withdrew his motion. Lawyer R. R. Duniway asked the Board to act favorably upon some con tracts in the Irvington district, over which there has been trouble, but the Board refused to take up this matter. -Happersett Will Filed. The will of H. E. Happersett, who died May 23, was filed for probate yesterday afternoon. Alice E. Happersett, the widow, filed with It, in the County Court, a petition to be appointed executrix ac cording to the terms of the will. The property is worth $4600. Happersett gives to each of his five heirs $1, and to his wife the rett of the property. It is to be kept intact, and when she dies, is to be divided among the children. The Corean tailor pastes the seems of Ills clothes together. MnyTook Advantage Of Our Opening Sale, June 1 And bought 5, 10 and 20 acres each of our CRESWELL Fruit Tracts Located 12 miles south of Eu gene, on main line Southern Pacific Ry. These buyers met Hon. W. K. Newell, President Oregon State Hor ticultural Society, who agrees to deliver them a full bearing fruit orchard in five years in perfect condition. They made choice selections, being the first on the ground. More Orchard Tracts Just as Good Soil does not require irri gation. Ideal climate. Plenty of rainfall. Green fields. Pure air and water. Think of It! If you act quickly you can be sure of "nailing" a few acres that will be a full bearing fruit orchard in 5 years, and make you inde pendent for life. Try to buy a 'full-bearing orchard now, and it will cost you $1000 per acre, or more. You can get this from us for $400 and $500 per acre, one fourth cash, balance five an nual payments, interest at 6 per cent. We have just returned from the tract and have bought ten acres ourselves. Now is your chance. The A. C. Bohrnstedt Co. 252 Alder Street, Portland, Or. Phone Main 1274. SPANTON WEST OF CHICAGO Pen Insula is the natural Industrial center sula, more bridges will be demanded. will be created d.own stream, thus Columbia River. The law of Nature is rteries of Commerce and Industry flow. ah iocai ann trans-continental trains ill. and other extensive industries nre om Maegley Junction. East St. Johns les. rjast fee Johns is showing five THERE IS A REASON and the rea- cennfnl Investment in to know where exercise their judgment quickly and le consolation in the fact that they tunlty such as-EAST ST. JOHNS now FOR YOU! AT EAST ST. JOHNS, WHERE OUR BOSS MUST STAND TRIAL COURT WILTj PROBE EXCISE BOARD CHARGES. Demurrer In Behalf or Man AYho Circulated Petition Is Overruled by Bronaugh. The demurrer of Attorney Seneca Fouts to the indictment charging Allen G. Ross, a circulator of the Excite Board petition, with perjury In having sworn before Francis I. McKenna, who is a notary public, that the signers he had secured were legal voters, was promptly over ruled by Presiding Judge Bronaugh in tne circuit Court yesterday afternoon. JOHN A.. LEE, -Vick Phut. . FERRIS., amo. Jc'imm Mr.- Husband, Dear Sirs C This is a;straight from the' shoulder letter "to you Mr;Head-of-the-house, a,nd for your family's future sake,-, read it through carefully, --it weans a great deal, . . There are in Portland to-day a grea'tnany land -and lot selling propositions, the town is full of them. Be careful, v don't let the noise of the accompanying fireworks1 turn your head - act slowly, and thoughtfully, hut wisely. Some Real Estate. firms are to-day bewailing the lack of business, -there's lots of noise but apparently ho sales. XTow, it is our intention to make a little racket ourselves we've go J; to do that to get-your attention, but we intend that our noise shall bring, results, in fact Ve know.it will as it has in the past, because our proposition, in the first place, is a conservative one, it is one that appeals -to. the common .sense of any man who is accustomed to 'think for him self. ' V "" X We are - going to sell $100;000 worth of Westmoreland property during the month of June, We have keyed our efforts rto that pitch, and we are going to reach it simply because our salesmen are all with us, and they are with us simply -because they, themselves, believe -in the proposition from .theinve&t oar's point of view. -T-.- fre'y?? einS o oe fair "with yourself by looking v into this matter? Why. not satisfy yourself that Westmoreland is the place that offers you the greatest number of home advantages - .that it is what we say it is, - "the finest piece of property ever.put on the market in Portland"? a?10 coupon appearing ihanother'part" rof Fthispater will save you at least $50.00, perhaps 100.00, - better clip it jOut and -see us. This is a personal message with a real, genuine,, well meant offer. We believe in Westmoreland ourselves, and we want you to. Yours very 'truly, LOTS $275.00 UP 10 DOWN 3 MONTHLY SPAXTOX CO, LEADIXG Sl'BDIVISIOX AGENTS, 270 STARK ST. PLEASE SEND ME EAST ST. JOHNS ILLUSTRATED FOLDER. NAME ADDRESS OFFICE IS LOCATED. FARE 5 CENTS. O LEADING SUB-DIVISION AGENTS 270 STARK STREET, PORTLAND, OREGON. PHONES A-M-2828 and the ca3e will go to trial on its merits. Attorney Fouts read the Oregon initia tive law passed in lt03, and the amend ments to It, made later by the Legisla ture. He said that, under the amend ment, the circulator of the petition is required to swear before a notary pub lic that he believes the signature to be those of legal voters, and that each signer has correctly stated his address. The penalty for violating this statute is a fine of not more than J500 and im prisonment in the penitentiary for not more than two years. Mr. Fouts contend ed that the grand Jury could not indict under the perjury statute for this kind of an offense. District Attorney Cameron said that the perjury statute is not repealed by any other statute, and that the man is being tried anyway upon the provisions of the city ordinance under which the petition was circulated. The state law has no application in this case, said he. In deciding the case. Judge Bronaugh remarked that he does not understand (Mtrotbta SlntHt (Enmpamj BOAHD-OF TBADE BUILDING joj.unjDia 'x'rustL, Conmaj BRIDGE that because a law .-ehnes an act as a crime that the same wrongful act may not be punished under another statute. Notices Bar Liens. If the owner of a building publishes, for 30 days before repair work, ordered by a lease-holder Is commenced, a notice that he will not be responsible for any liens arising on account of unpaid bills, he cannot be held liable in court. This was the decision of Judge Gatens in the Circuit Court yesterday in the suit of Harry Brown against J. L. Schwab. The lien which tirown sought to foreclose amounted to $90. Willamette Tent & Awning Co., 23 and 23 North Front St. Awnings, out-door sleeping rooms, can vas and Japanese Porch Curtains, Wool and Cotton Flags, all sizes. A 39fiS. Main JK8 June2 1909 President,