THE MORNING OKEttOMAJr. WEDNESDAY, SEPTE3IBER 24, 191S : : 1 n 7T ' .-H 1 KB i3aA H Iri .. THAW DECISION IS QUEEN OF COLUMBIA EIVEE GRAPE CARNIVAL DELAYED FDR WEEK .JUL. 1. s Character bespeaks Quality in a man Quality insures Character in clothes Jerome Says Indictment Is Found but Awaits-Action Against "Higher-Up." t HEARING DRAMATIC ONE " - ! : V 4 J. Prosecutor Vebement in Declaration That State Will Xot Permit Jus tice to Be Defeated by Money Corruptly Used. CONCORD. N. H Sept. 23. The duty of the State of New Hampshire toward Harry K. Thaw was the subject of ex haustive argument before Governor Felker today. The legal battle In which William Travers Jerome, Special Deputy Attorney-General 01 New York State, which seeks to obtain the extraction oi innw n fugitive from Justice, was pitted against three of the fugitive's array of counsel, was oramatic at limes. To the charge that he had resorted to subterfuge and was moved by ulte rior motives In his determination to re turn Thaw to the Matteawan Insane Asylum. Jerome retorted with unusual feeling that the State of New York would not permit its Justice to do ae feated by the corrupt use of Thaw money. At the conclusion of the arguments the Governor gave counsel until Mon day to file supplementary brlef8, so his decision will not be known for a week at least. Thaw Indicted, Says Jerome. One of Jerome's arguments that ap noarprf to take the opposing counsel by surprise was his statement that Thaw is now under maicimeui m Dutchess County, charged with con spiracy to escape from the Insane asy lum and that the returning of the In dictment had been kept secret In order that the evidence might be presented to the Jury against "the instigator of this plot, a man of more importance than any one yet mentioned In this proceed ing." In opening Mr. Jerome contented himself with saying that the Governor had no alternative to honoring the re quest of the New York authorities. He held that the only points to be deter mined were that Thaw was wanted and that he was in New York State when the alleged offense was committed and that matter of his identity. Judge Chase followed with the argu ment that Thaw was insane when he escaped from Matteawan and therefore is Irresponsible. The charge of con spiracy had been trumped up, he said, for the purpose of returning Thaw to the asylum. Trial For Conspiracy Pledged. Mr. Jerome's argument in reply was given up mostly to citation of prece dents, but he pledged his word that Thaw, If returned to New York, would be placed on trial. "It surely will not be contended," said Mr. Jerome, "that the hysteria of the, moment is sufficient excuse for con travening these decisions of the Su preme Court of the Nation and of the state." To the assertion that there was no Indictment against Thaw he replied: The fact is that an indictment was found and wax signed but before the indictment was filed a request was pre ferred by the Attorney-General through me. that the grand Jury suspend further Investigation until I could re turn from New Hampshire to present to them evidence concerning the in stigator of this plot a man of more importance than any one yet named in the proceedings and it was after a conference between myself and one of the grand Jury men appointed as a committee, that the entire matter was laid over." "Thaw Money" Called Scandals. With evidence of increased feeling Jlr. Jerome then turned to the charge that he had used subterfuge and was moved by ulterior motives he said: "Finally, let me say in reply to Judge Chase as to why the New York authori ties are so anxious to obtain Thaw the simple reason, sir. Is this: "From the very hour that Stanford White lay dead on the Roof Garden In the City of New York his life taken either by a murderer or a lunatic from that time to this minute it has been said repeatedly that in the end the Thaw money would defeat the ends of Justice. "So far It has not entirely accom plished it, but wherever this case has gone and wherever it has rested it has left 'a trail of ignomy, distrust, fllth and scandal behind It. that has been absolutely appalling, and the State of New York. sir. will not petmit Its Justice to be defeated by the corrupt use of money if it can prevent It and that Is why the State of New York wants back a man whom It regards as a homicidal lunatic when Influenced by his insane delusions and a vicious de generate at other times a man criminal in his lucid intervals and dangerous in his insane ones." As Jerome concluded there was a brief conference of the opposing coun sel and then they repl.3d briefly. Gov ernor Stone asserted that Jerome had hounded Thaw ever since the death of White and Judge Chase said that the speech of the Deputy Attorney-General proved the contention that there was an ulterior motive behind the proceedings. Certain persons, he said, wanted to punish an Insane man. Never during his trials for the kill ing of White did Thaw exhibit the emotion shown today. Throughout the hearing he gazed steadily at the face of Jerome, not once flinching under his grilling, but when Judge Chase pleaded for bis return to his old home. Thaw's eyes filled with tears. His mother, Mrs. Mary Copley Thaw and his brother, Josiah. were seated beside him throughout the day. BOTH SIDES ARE CPIUXD Thaw's Deportation Justified While Right of Appeal Is Sustained. MONTREAL, Quebec Sept. 23. The Court of Appeals upheld today Charles Doherty, Minister of Justice, in hav ing seized Harry K. Thaw at Coatl cook and deported him. Mr. Doherty, the court held, was entitled to Ignore the writ of habeas corpus obtained by Thaw's counsel, because the writ had been irregularly served. The writ was quashed. Justice Archambault, who delivered the decision of the five appeal court Judges who considered the case, touched on the constitutionality of the immigration act under which Thaw was deported by finding that the act does not override the habeas corpus writ, despite the clause professing to prevent a review of the action of the minister In charge of the immigration department, except in the case of a Canadian or party wun a Canadian rinnriicile. The finding thus upholds both the Judges who Issued the writ and Mr. Doherty, who was acting Minister of the Interior during the Thaw hearings la Canada, BIISS FRA5CES OLBRICH. MISS WINS GROWN Grape Carnival Honor Goes to Frances Olbrich. VICTORY BY 18,000 GAINED Tlilrd Annual Festival Will Bo Held Thursday, Friday and Saturday. Crowds Augmented by Con vention Visitors. Trr.xtXTr'TtrTPV TV octl RlTlt. 2 3. .1 u IT i'H ' ' ... . 1 o ti vs. thA lat three vears ict-tA. - - . i .(..itflD nnmpt voun&T woman to uia " preside over the fun at the Annual Co lumbia River vaney urapo as been an event oi coiisiuemum m t ,iia Mimmnnltv. and this Tear. with a vote totalling more than 1.000,- 000 and receipts amounting m t"" the queen contest nas iar etnyacu ... former efforts. ' The young woman who will wear the carnival crown this year is Miss Francis Olbrich. who won from a field of a dozen young women with a vote of 521,000, which gave her a lead of 18,000 over her nearest competitor. Miss Hazel Pillet. The Third Annual Carnival, which will be held here Thursday, Friday and Saturday of this week, promises to fill the town to overflowing with sight seers. The crowd will bo augmented by the Fall convention of the Columbia and Snake River Waterways Conven tion and the Inland Empire Sunday School Institute, which are to be held here during the three days. CARPENTER LOSES SUIT MECHAXICS IxEIN OX HOME STEAD XOT EXFORCED. Oregon Supreme Court Decides Law Exempts Home of Value tesa Than $1500. SALEM. Or., Sept. 23. (Special.) Carpenters and builders of homes were hit today, when the Supreme Court, in a decision written by Justioe Eakln. held that a mechanic's Hen could not be enforced on a homestead valued at $1500 or less unless exemption has been waived in favor of It. which must be signed bv husband and wife. It is the first time the question has been decided by the Oregon Supreme Court, and it is believed it will have a far reaching effect on building operations. The opinion was in the case of Howard E. Davis against C, C. Low and Lena Low. appealed from Klamath County. The court says: "Section 221, Lord's Oregon Laws, provides: 'The homestead of any family shall be exempt from Judicial sale for the satisfaction of any Judgment here after obtained.' Section 222 provides: 'Such homestead shall not exceed 11500 in value.' "Section 223 specifies that the act shall not apply to decrees for the fore closure of any mortgage, but that the mortgage must be executed by hus band and wife." After citing numer ous authorities, the pplnion contin ues: "Plaintiff has tried the case on the theory that the homestead is not ex empt from liability upon a mechanic's lien. What plaintiff's remedy might be In a case like this if the homestead were of greater value than $1500it is not necessary now to determine.' FLAG INSULTERS WANTED Warrants Issued for Two Members of I. W. W. in Tacoma. TACOMA, Wash7"sept. 23. (Special.) Warrants for the arrest of two L W. W. members, charging them with pub licly mutilating and defacing the flag of the United States, were Issued to day by Justice Evans. The names given in the information sworn to are Tom Rogers and "John Doe." They are alleged to have torn a Civil War banner from the reading room of the Henry George Club In this city and then barned it in a stove. HATCHERY OFFICIAL QUITS Xew Man In Charge of Clatskanie Salmon Plant. ' ASTORIA. Or, Sept 23. (Special) Allan Forward, who has been superin B .-- tendent of the Clatskanie River salmon hatchery, has resigned his position &.nd J. M. Peters, formerly foreman at .the Bonneville hatchery, is in charge of the local plant. Lee McCarn, also from the Bonneville hatchery, assumes the position of foreman at the Clatskanie plant. Fish Warden Clanton is at the hatch ery with an engineer preparing plans for various improvements which are to be made there at once. The retaining ponds are to be cemented, while sev eral new ones will be built and the grounds about the plant improved. The Commission plans to increase the ca pacity of the hatchery later. Mr. Clanton says the department Is meeting with excellent success this season and more Spring salmon eggs have been taken than for several years. The first shipment of eggs to the Clatskanie plant will be made some day this week. PHONE RATES ATTACKED Salem Council Plans to File Com plaint With State Body. SALEM, Or, Sept 23. (Special.) Alleging that the rates are unreason able, the City Council of Salem is making plans to file a complaint with the State Railroad Commission against the Pacific Telephone & Telegraph Company. Councilman Minton, who of fered a resolution asking that a com plaint be filed, declared that the com pany's rates had been Increased unrea sonably In the past two years, and that they were not the same to all sub scribers. He says a person who had a telephone under the old schedule of rates still pays that rate, while a new subscriber has to pay more. Mr. Minton also takes exceptions to the company compelling subscribers tn make a deposit of $5, declaring there is no reason wny a customer should lend the corporation that sum for one year at 6 per cent interest in order to have telephone service. CORVALLIS SCHOOLS GROW Building- Erected Two Years Ago Must Be Enlarged. CORVALLIS, Or., Sept. 23. (Spe cial.) The enrollment in the city schools Is 925, as compared with 823 on the same day last year. This Indi cates a probable total enrollment of 1100 for the year. Half of the increase thus far is in the High School, which has a total enrollment of 266, an in crease of 50 over this date last year. Superintendent Kirk is authority for the statement that the High School will enroll a total of 300 within a month. The growth in the Corvallls High School has been extraordinary. Three years ago this school ranked 13th in point of attendance. Two years ago It ranked seventh, and last year It was third In the state outside of Portland. A hlgh-Bchool building, erected two years ago; is to be en larged. DAY QUIET INH0P MARKET Dealers at Independence Inactive and Growers Holding Crops. INDEPENDENCE, Or., Sept. 23. (Special.) The hop market was quiet here today. Dealers were not Inclined to offer more than 25 cents, and after the report in this morning's paper, the growers were more inclined to hold on. There were no reports whatever of any sales, and bidding was not spirited. The bullish reports in The Oregonlan today led the growers to expect quite a change In the market. It has not been estimated as yet what the yield Is In this part of the state. Thousands of bales have been hauled to warehouses. The Oregon Electric Railway has erected a large warehouse at East Independence, and it is re ported that this is about full. Lane Equalization Completed. EUGENE, Or, Sept. 23. (Special.) The Lane County Board of Equaliza tion completed practically all of Its work yesterday when it passed on a score of applications for reductions in assessments, approving a few, and set Wednesday as the time for hearing the application of a delegation from Springfield for the raising of the as sessed valuation of some property in that city. The request for Increase in assessment at Springfield is made by Mayor Welby Stevens, A. J. Perkins and J. W. Machen, who represent property owners who wish to take ad vantage of the Bancroft bonding act, but cannot because their lots are as sessed at less than the cost of the im provement. Enraged Bull Injures Man. CHEHALIS. Wash., Sept. 23. (Spe cial.) Otto Mauermann, a pioneer of Pe Ell. Is suffering from severe in juries inflicted by an enraged bull which he was handling Sunday. Mauer mann's injuries are painful, but not re garded aa seriou That is, modeling The. clothes we offer you at this store are "character clothes" the sort every man who desires the impression of refinement and good judgment should wear. Fabrics from old-world and new-world looms, de-sio-Tipd and tailored bv masters in their craft; models that establish correct style and permit the wearer to retain his own individuality-in short, the clothes of a gentleman -$20 to tVtTITVT JlJ HilN TRADE PAC15 STAND Tariff Will Not Interfere' With Existing Treaties. INQUISITION IS .MODIFIED Existing Drawback Arrangements Continued Important Aamm. tratlve Sections Are lstt Open Until Today. WASHINGTOK. Sept. 23. Chairman int Congressional Simmons, 01 -" . . . mmlttee. Informed tariit cumc.o . officials of the state -- ... it riAces- rtiiv that h am ry to supplement the tariff bill with any resolution a's ---- -istlng trade relations with foreign countries. . k The State jjeparimeui. " today on the preparation of a resolu tion such as the officials ''"dM have passed by both hou... of Con Kress, guaranteeing ." Penalties of the proposed law would not be applied against any country un til an opportunity had been e yen for the negotiation of new treaties A maionty of the members of the tariff majority j helieve its conference couiiiiHa " - . -Passage is necessary but its lntrodc- Hon will depena euurwi v - S.on reachid at further conferences nonflrtment and Con- between me o"1 gresslonal leaders. Important Sections inaturai. The conierence iouj ----- of the administrative sections of the tariff bill, but left open several Im portant Items that will J.e lpoed of tomorrow. These Included the ratal iatory section of the law. the anti- dumping clause v 5 per cent rebate in tariff on goods v . . . .i.on.nwnpn shins. brougnt in -fvii.c. v.1Kii The Senate amendment prohibiting itw iist rm a tanci attorneys irora ; on a contingent basis was agreed to The strong inquisitorial features of the House biH, which would give the Government authority to exclude mer chandise when foreign manufacturers refused to msuuao ufacture or show their books, was modified materially. In its new form this section of the bill would give the Secretary of the GAS ON THE STOMACH Vrn Dr. William Pink PM tor ThU Form or inaiKrniw. treatment for stomach trouble that treats the stomach alone. Back of all your lacK 01 appetite, uur- .nma-h. belchine of gas, nau sea, pains after eating, heaviness and lump-like reeling in me " bad blood. The food is fermenting in the stomach, only partly digested, be cause the stomach Is weak. Take Dr. Williams' Pink Fins ana notice the difference in your condition, win ho able to eat ' three good 1 UU " . meala a day without discomfort. The new blooa. wnicn iir. vviiams . 1 mi,. Mn1r. nrlll roatnra tha Otn m - riD& j 1113 m..i - ach to its normal condition, positively strengtnen me msou'i m6c,ii uu in crease the flow of digestive fluids. You will also una a snoii improve ment in your general health, and new strength in every nerve and muscle. Do not put off finding relief a sin gle day. Get a box of Dr. Williams' Pink Pills today and begin the treat ment at once. AdT. quality in texture, and workmanship. $40 OTTT TATr LEADING CLOTHIER K 1 Ti I J l 1 M VJ Morrison Street Treasury authority to levy a penalty in the form of extra duty against goods where manufacturers have shown an undue disinclination to disclose manufacturing costs or other informa tion considered necessary by American appraising officers. , . An agreement-was reached by the conferees today whereby the existing drawback arrangements will be con tinued under the new law. Manufac turers of goods in bond at factories will be compelled to pay only 1 per cent duty if the goods are later ex ported. The Senate had Increased this rate to 3 per cent. JONES SAMPLES PEACHES Washington Senator East Fruit Grown on "Forest" Land. CHEHALIS, Wash., Sept. 23. (Spe cial.) Recently the Big Bottom Com mercial Club of Randle sent a supply of peaches to Senator Jones at Wash ington, D. C. to show him what qual ity of fruit could be produced on the pumice stone hillsides in the Upper Big Bottom country. The Senator has re cently acknowledged receipt of the fruit and sends a high testimonial as to its quality, stating that it equals that of the famous peaches of Mary land, some of which he had Just eaten Will Appear on Broad-way-At 6 o'Clock Watch Sunday's Papers Men's Shop, Main Floor prior to receipt of the Western ship ment. Senator Jones suggested that a con signment of the peaches. If sent to the officials of the Forestry Department at Washington, might help some, KEEPER OF STORE MISSING Clerk Has Receiver Appointed for Hoquiam Business. HOUQIAM. Wash., Sept. 23. (Spe cial.) Frank Gordon Fowler, proprie tor of a store here, has disappeared. Mrs. Fowler is also gone and they are suspected by some of their creditors. Today a clerk In the store had John Richardson appointed receiver for the huclnasB The Fowlers have been missing since Sunday. September it, wnen mey ostensibly for an outing at Pacific Beach. With the Fowlers have also disappeared all of their personal be longings. A number of creditors made themselves known when Fowler's dis appearance was discovered. Fine Birddog Poisoned. CHEHALIS. Wash.. Sept. 23. (Spe cial.) Dr. H. L. Petit, a well-known Chehalis physician, is mourning the loss of a fine birddog which someone poisoned. This is the third birddog that the doctor nas lost in 111m nmiiner. it 1 it. ( A?Js3a at Four and this In spite of the fact that he has taken the precaution to confine the animals inside a woven wire stockade. Wreck Victims 5MU in Hospital. EVERETT, Wash., Sept 23. Nine persons injured. in yesterday's train wreck on tne Great Northern Railroad near Mukllteo are still in the hospi tal. None is in danger, and several are only slightly hurt. Rev. G. W. Grannls, of Long Beach, CaU is im proving rapidly. Elks' day, Canby Fair, Friday, Bar becue groats. Round trip, $1.00. Adv. AN OLD RECIPE 10 DARKEN HAIR Sage Tea and Sulphur Turn3 Gray, Faded Hair Dark and Glossy. Almost everyone knows that Sage Tea and Sulphur, properly compounded, brings back the natural color and lustre to the hair when faded, streaked or gray; also ends dandruff, itching scalp and stops falling hair. Tears ago the only way to get this mixture was to make it at home, which is mussy and troublesome. Nowadays we simply ask at any drug store for "Wyeth's Sage and Sulphur Hair Remedy." You will get a large bottle for about 60 cents. Everybody uses this old, famous recipe, because no one can possibly tell that you darkened your hair, as It does It so naturally and evenly. You dampen a sponge or soft brush with It and draw this through your hair, taking one small strand at a time; by morning the gray hair disap pears, and after another application or two, your hair becomes beautifully dark, thick and glossy and you look years younger. Adv. "THE GREATEST KIDNEY REMEDY ON EARTH," SAYS A GRATEFUL WOMAN. I want to tell you how much good your Swamp-Root did me. About four years ago I suffered from what the doctors called fistula, and for two years of that time I endured what no tongue can tell. I also had inflammation of the bladder and I tried doctors' medi cines without receiving any help. Someone told me about Dr. Kilmer's Swamp-Root. After giving It a thorough trial I re ceived relief, so kept on using it, and today I am a strong and well woman. If I ever feel badly or o-t of sorts, I take Swamp-Root and it always straightens me out. I honestly believe that this medicine would cure all trou- " bles you recommend It for, and It Is a pleasure for me to send my testimony and photograph to you. I think Dr. Kilmer's Swamp-Root is one of the greatest medicines on earth. Respectfully yours, MRS. JOHN BAILY, West Main St. Portland. Ind. Subscribed and sworn to before me this 12th day of July, 1909. C. A. BENNETT, Notary Public. Letter to Dr. Kilmer A Co., Blnghamtonf N. Y. Prove What Swamp-Root WIU Do For Ton Send to Dr. Kilmer & Co., Bingham ton, N. Y., for a sample bottle. It will convince anyone. You will also receive a booklet of valuable information, tell ing all about the kidneys and bladder. When writing, be sure and mention The Portland Daily Oregonlan. Regular fifty-cent and one-dollar size bottle for sale at all drug stores. Adv. th II 1