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About The Sunday Oregonian. (Portland, Ore.) 1881-current | View Entire Issue (May 22, 1904)
ewn- nrcj'"" - I X " ,n HMnalfnHOml L 44 PAGES PAGES I TO 5 ' VOL. XXTTL JSO. 21. PORTLAND, OREGON, SUNDAY MORNING, HAY 22, 1904. PRICE FIVE CENTS. ;3fcJL Jfwtdstjr TOptttam OPENSTHEFISHT Great Republican Rally in Portland. LEADERS DEFINE ISSUES Party Asked to Give Roosevelt Big Majority. HAS DONE MUCH FOR OREGON Crowded Audience at Empire Theater Hears Speeches by H. W. Scott, Senator Fulton, D. Soils Cohen and D. J. Malarkey. Democratic haughtiness was laid low last night by the Republican host in rally assembled. Idols of the Democratic fam ily were thrown down and smashed into smithereens. For full two hours the de struction of the false deities went forward in the Empire Theater. The wrecking stalwarts were United States Senator C Vf, Fulton, D. Soils Cohen and Dan J. Malarkey. H. W. Scott, as presiding offl cer, got in a few licks, too. The theater was well filled with audi tors, despite the warm evening and the languor of the campaign. About 1200 sets of ears listened to the havoc, many of them feminine. Many were the climaxes, and at every height the audience let loose enthusiasm and the possessors of the fem inine cars released a flutter. From this time forward until the elec tion, June 6, Republicans will give the foe no rest They will hunt the enemy out of e ery dark place and allow no quarter. Every night the hosts will rendezvous and J deal out ruin to Democrats and dispense Republican doctrine. "They'll know we're after them," say the big chieftains. The kejnote of all the speeches was an exhortation to remember Oregon's duty to President Roosevelt and to sustain the policies represented by him, which have brought prosperity and happiness to the jyntrtry. Tnelreater tho "Republican, ma jority in this .state,, thetronger -would ap pear Oregon's 'appreciation of thoso poli cies and the man who stands for them. All the speeches were brilliant and all were well received. Arrajed on the platform were Republi can nominees, members of the County Ex ecutive Committee and the speakers. On the right hand of the chairman sat Sena tor Fulton; on tho left, Frank C. Baker, head man of tho State Central Commit tee. On tho right of Senator Fulton sat D. Soils Cohen, and then Dan J. Malar key. A. A. Courteney, SIg. SIchel and C. W. Hodson were also on tho platform. Six of tho 13 nominees for Representative were there, too, with smiling faces, being: George W. Holcomb, A. A. Bailey, A. J. Capron, Elmer B. Colell. W. M. Killings worth and W. T. Muir. And still others posed for inspection, to wit: W. L. Llght ner, nominee for County Commissioner; James M. Stott, for Sheriff;F. S Fields, for County Clerk; John M. Lewis, for County Treasurer; B. D. SIgler, for As sessor; R. r. Robinson, for Superintendent of Schools; J. P. Flnley, for Coroner; William Reld, for West Side Justice; W. E. Jackson, for "West Side Constable; Wal demar Seton, for East Side Justice; A. D. ICccnan. for East Side Constable. Surveying the ceremonies as members of tho Count' ExecutU e Committee appeared "VV. L. Boise, Dan Jicllaher, C E. McDon ell, J. D. Meer, J. C Jameson, Alex Donaldson and A. F. Smith. Tho salt of all tho earth was this col lection of brains and excellence. And a picture of Theodore Rooseielt looked down on the gentlemen from a red. white and blue background of a huge flag. Mr. Boise Opens the Meeting. A brass band led the way to the the ater from Imperial Hotel. Behind the band trailed a carriage bearing Senator Fulton. H. W. Scott. F. C. Baker and D. J. Malarkey. "All right, go ahead." called TV. L. Boise to tho band, and tho march began. Arrived at the theater, the actors passed behind the curtains. "Let her go," called Mr. Boise to the curtain, for the audience had grown im patient. So up rolled the thin partition and the peoplo cheered. Then followed si lence and tho crowd fastened Its eyes and ears on a man who came forward to open the ceremonies. He was Mr. Boise again. "I'm delighted to see you here tonight," said he In welcome. After ex tending a brotherly word to tho lnde I endent faction, which was pro Ing its allegiance to the Republican cause, Mr. Boise released the enthusiasm of his audi tors by declaring that Republicans would win by 2000 or 3000 bigger majority than ever before In the history of the county. "Let eery Republican turn out," he exhorted, "and do his duty and we'll get the majority we're working for," and after tho applause hat ended he intro duced H. TV. Scott Mr. Scott's Opening Speech. "This Is a new experience for me, al together " said Mr. Scott after tho ebulli tion of the audience had subsided enough to let him speak. "I never presided at a political meeting before. But I've al was ?ieard that if a oung fellow hopes O succeed in politics (turning around and surveying nominees) he'd better get In and make an early start." A laugh ensued and Mr. Scott continued jocularly, "this Is one reason I'm here," and then seriously, "but thero are other reasons." Mr. Scott counseled Republicans to bo ware of a sluggish campaign. It might be easy, he remarked, to let the fight grow languid. "For." said he. "Oregon is so strongly a Republican state that it may seem superfluous to make any exertion. Even our opponents, our Democratic brethren, our friends the enemy, have tiown little activity." Then he proceeded to explain why ex ertion was not "superfluous." In the last 45 years $he Republican party had shaped the destinies of the country, ex cept for an interregnum of eight years, "and how near," he asked, "did that in terregnum take us to the brink of the bottomless pit? And who desires a re turn of those dark days? Nobody." In the 45-year period the Republican party had established a proud record. It had done this because it had always formulated a direct policy and only such a party could do things. The Democratic party, on the contrary, could not enun ciate a policy. It was afflicted with ir reconcilable dissensions. "It doesn't know what it wants," said he. "It didn't know in regard to the Panama canaL It doesn't know In re gard to the tariff. It Is simply a party of opposition and negative." What Oregon Owes Roosevelt. Mr. Scott declared that Oregon Repub licans owed it to their party to sustain Republican policies and President Roose velt by the biggest majority possible. "The effect will be Immense," he said. The speaker next described how Oregon Is indebted to President Roosevelt for the Lewis and Clark Fair appropriation. "When the Oregon delegation and the special committee went to Congress," ho explained, "it was almost Impossible for them to get any attention. Only through the President, could the matter bo brought before Congress. The President an nounced that the Exposition ought to be aided by tho United States. He gave us access to tho leaders of Congress. He sent for them. At first they were ad verse. Later they assented." Mr. Scott added that he doubted if Con gress would make any more such appro priations. Oregon's success in winning an appropriation was remarkable. "With out President Roosevelt's aid," he de clared, "it would not have been accom plished." Mr. Scott then introduced Senator Ful ton, who was received with acclamation. Senator Fulton Praises Roosevelt. Senator Fulton was greeted with ap plause as he stepped before the assem blage. His speech had all the ring and the solidity that only enthusiasm and knowledge of his subject can give. The applause he aroused was such that when he sought to conclude ho was urged to "go on" and urged so persistently that he had to acquiesce and talk ten minutes longer. Senator Fulton's remarks were for the most part a eulogy of the Republican party and of President Roosevelt in par ticular. The enthusiastic applause that greeted hl3 reference to President Roose velt gave ample evidence of tho feeling of Oregon Rpubllcans for that states man. "Should tho Republican majority in (Concluded oa Page 12.) CONTENTS OF TODAY'S PAPEB Rosso-Japanese War. Hussions make eortle from. Port Arthur, and are reported to have Inflicted a loss of 1000 upon the Japanese. Page 2. Plot to wreck the train of the Cxar nearly succeeds. Pace 2. Russians are reported to have blown 'up cruiser Bogatyr to prevent capture by Japanese. Page a. Domestic. Netr Kansas achool history will glv General Pnnstoa no glory for swimming Bagbag -Elver: General tells the truestorr. Page 1 Portland Jobbers appear 'before Hairlmaaand Hill lines to osfc for reduction In rates. Page 7. Dr. J. B- Gray Is the eighth and last bishop chosen by Methodists. Page 9 Government will send only the best of lta ex hibit at St. Louis to 1005 Fair. Page 1 PoUUcaL Conservative Democrats again consider propo sition of going to Cleveland If Parker cannot win Page 3 National Chairman of Populists says his party will make no nomination If Democrats name Hearst. Page 3. Democrats will name ticket In Washington cal culated, to get disgruntled Republican votes. Page 0. Work of Republicans la Willamette Valley counties. Page 6. Foreign. France orders Ambassador to Vatican to take a vacation as a protest against the note regarding the visit of Loubet. Page 3. Sports. Paclflo Coast League scores: Portland 10, Ban Francisco 7; Tacoma 9, Seattle 7; Loo An gele 10, Oakland 1. Page 14 Sports at Vancouver close with victory for Eighth Batten- Page 22. Athletic career of Kenneth Fenton. Page 23. Portland Hunt Club takes up push ball -as a new sport. Page 23. English Lad wins the Chicago Derby. Page 14. Willamette track team wins from McMlnnvllle College, 07 to 59 Page 14. Columbia University wins at baseball from Victoria; score S-7. Page 14. Commercial and Marine. Stock market recoiere In last hour of week. Page 15. Gold cxDorts checked. Page 15. Bank statement agreeable surprise. Page 15. Steady tone maintained In Chicago wheat mar ket. Pace 15 San Francisco hay market stronger. Page 15. German bark Elfrelda arrives after rough pas sage. Page 11. Utters continue to rise. Page 11. Pacific Coast. Mayor and Chief of Police of Seattle threatened with death for closing down gambling. Page 1. Eddy law brings ocr $100,000 a year into the Oregon State Treasury. Page 6. Idaho shows .great Increase In output of pre cious metals. Page 6. Portland aids Pacific Coast cities to win con ventions. Page 14. Portland and Vicinity. Grand opening rally of the Republican cam palgn. Page 1. Dr. H. TV. Coe starts movement to capture the American Medical Convention for Port land in 1905. Page 10. Falling off In registration In rural districts causes talk of amending law; totals for all counties In Oregon. Page 10. Injunction stops widening of White House road. Page 11. Subjects for discussion at Mining Congress. Page 10. Features and Departments. Editorial. Page 4. Church announcements Page 24. Classified -cd ertlsements. Page 25-29. Women teachers and low salaries. Page 40 Picturesque hillside homes la Portland. Page 34. Portland's flue new park. Page 3i Japan's view of the Russian War. Page 33. Rise and fall of the great house of J. p. Mor gan . Co. Page SS. Is the modern battleship becoming obsolete? Page 35. What to do when In danger. Page 35 The great mining camp of Butte. Page 39. Today's opportunities, reviewed by a tramp. Page S3. Why our undesirable immigration Is so large. Page 33. How women should dress for the World's Fair. Page 37. Idaho desert to be made fertile. Page 40, Social. Pages 20 and 21. Dramatic Pace 18. Musical. Page 21. Household and fashion. Pages 30 and 37. Cartoons. Page 4L McLoughlln and Old Oregon. Pago -C. Tenths' Department. Page 42. BUT OF USUI Funston's Swimming Feat Expunged BY KANSAS COMMITTEE Did Not Cross Rio Grande River Under Hot Fire. f GENERAL TELLS TRUE STORY He Swam Small Stream on Recon nolterlng PartyThis Was Confused With Daring Feat of' Two Pri vates, Who Crossed Rio Grande. CHICAGO, May ZL A' dispatch to the Tribune from Topeka, Kan., says: Pupils of the Kansas High Schools will no longer bo taught that It -was for swimming the Bagbag River in the Philippines and In the face of a hot fire from the enemy that General Frederick Funston was pro moted from Colonel of Volunteers to be a Brigadier-General in the regular Army. A subcommittee of tho State Book Com mission has ordered the account of the in cident expunged from tho history, which has been readopted for uso in the high schools for fjve years. "When General Funston was promoted to the place he now holds his commission declared in ex plicit terms that his promotion was earned by his action in swimming tho Bagbag in the face of a severe flro from the enemy. "We will givo credit to tho private, Trembly "White, to whom it belongs," said Commissioner McCray, a member of the subcommittee. "The mis-statement IN ONE OREGON BtBtBBSBSBSBM iitnPrSiiMrMtSySM,Vi r'r'Vi Trffir'PrTiys tKw&JtsCSStTCK z&-zJwamBlBsc&K SaHBHBfiBBtKSSTT1" i Am H X f it ) i Ant - ffiz39'232B3c2BHKr KP ?r wJniMfftr.. Itftf nss KL 4-L ZJ? ' -' that General Funston ever swam the river will be dropped now while there are men living In tho state that know it is not true." "When Brigadier-General Funston, now commanding the Department of the Co lumbia, was shown this dispatch at Van couver yesterday, he said: "The correction is perfectly proper, and one that I should like to see made, so that the men who swam the Rio Grande River at Calumpit, April 27, 1S99, should have their due credit. I did not swim the Rio Grande, which is a wide stream running 7 miles an hour, and required a much better swimmer than I to cross. Theantroversy that has arisen as to wbepfe? I did or did not has caused me a great deal of annoyance. 'he confusion has arisen because on y before tho Rio Grande was swam Filipinos were driven from their eajbgrtbtn.ents by my men, I swam a jjjuiec stream canea tne sagDag, itsirco ring -party. News of thlsevAfc hi t out by the news- paper corpei at the same time the Rio Grande, as the swim: which tas dom the Kansas soldiers used the confusion. in my commi which seems noJ have been stralght- ened out yet. "General MaeArthur was blocked at the Rio Grande by the Filipinos under Aguln aldo at Calumpit on the Rio Grande. I was then Colonel of the Twentieth Kan sas "Volunteers and part of his command. Agulnaldo was entrenched on the other sldo of the river with 4000 men, Two of my men swam the river with a light cord, with which they drew across a rope strong enough to hold a cable. "When this was across they fastened it to the shore and, guided by it, we took 43 men across on a bamboo raft, six and eight at a time. Yes, I admit I .was on the first raft, but it was not for that specific act that I received my promotion to be Brigadier-General of Volunteers, but be cause I was commanding- the troops which crossed over under fire, drove out 500 Filipinos from the first entrenchment, an act which .lead to the final routing of the entire force. "I never claimed that; I swam the Rio Grande and have often attempted to put the matter right. As for tho change In the Kansas school-history. It should be done everywhere, so that the right men should have credit for having performed the dangerous feat of swimming the river under Are." r General Funston's feat in capturing Ag ulnaldo was the direct cause of his ap pointment as Brigadier-General in the regular Army. Northwest Yurat Carriers Named. OREGONLVNAnEWS BUREAU,. "Wash ington, May 2L-tural free d"atoy-y car riers were today appointed asfoBfera: Oregon Sherwood, regular, M. Tja M. Hanson; substitute, John M. Hanso. "Washington Wenatchee, regular, Frank L. Dodd. IDTB COUNTY: SHALL LAW OR ANARCHY REIGN 2 STFOBIFR Government Condenses Its Exhibit THAT AT ST. LOUIS TOO B1C Newell- Desires a Miniature Irrigation System, MINT TO MAKE FINE SHOWING Exposition Souvenir Dollars Will Be Coined on the Grounds-Pinchot Plana a Great Displayvof,Tim- ber Resources of State. OREGONIAN NEWS BUREAU, "Wash ington,. May 21. It is not probable that the Lewis and Clark Government Board will be able at 4ts meeting Monday to finally determine tho number and size of the buildings to bar erected by the Government at Portland. Members of the board are all agreed that the Gov ernmentexhibit at St. Louis 13 too large and contains too many unimportant ex hibits. 'Only tho roost interesting- fea tures will' be sent to Portland. It will be easy to accommodate such an exhibit in a building 350 by 125 feet. The for estry and Irrigation exhibit, for which a separate building- Is contemplated, is causing some concern. Chief Forester Plnchot wants not only to display large and fine native timbers, but to collect a comprehensive exhibit giving an Idea of the extent of the timber resources of tho United States,'" yet Impressing on the public the fact that the timber sup ply is limited and that the forestry methods In vogue are far from perfect and need improvement. Practical Irrigation Display. Chief Engineer Newell is anxious to make a practical irrigation display, showing the manner in which the Gov ernment Is taking hold and carrying out this great work. la addition, he de sires to display models of various dams, flumes, etc He favors an ex hibit both indoors and out, so that he can install and operate a complete Ir rigation system In miniature, showing the way water is artificially applied to land. , Representations of his bureau and the Forestry Bureau have asked to be heard by the Government Boaid, but will probably not appear at Monday's meeting; Director of Mints' Roberts will prob ably transfer to Portland his exhibit at St. Louis, which is considered the main attraction In the entire Govern ment display. This exhibit shows the method of coinage as followed by the Governments Altf the souvenir Louisiana Purchase dollars are now made In the Exposition building. The whole pro cess Is displayed, from the melting of tho ingot to the stamping of the fin ished coins. It Is proposed to coin all the souvenir Lewis and Clark gold dol lars In the Go eminent building at Portland. The law provides tha these coins shall not be placed on sale until the Exposition opens. - Gradually the features of the Govern ment exhibit at Portland are being worked out, but the fact that most of It is to be taken from St. Louis accounts for the little activity on the part 'of the Government Board at this time. LAND OFFICE CLERK DISMISSED Seattle Man Is Found to Have Di vulged Contents of Records. OREGONIAN NEWS BUREAU, Wash ington, May 21. Secretary Hitchcock to day summarily dismissed Edward Com yngs, clerk In the Seattle Land Office, for gross misconduct In office. Comyngs was found to be divulging Information from the records of the Seattle Land Office to timber cruisers, attorneys and others, which proven" valuable to them In locating and assisting others to locate upon the most valuable public lands in that dis trict. Comyngs, moreover, was so imprudent. as to convey official Information to at torneys In Seattle, in the presence of two strangers, who happened to be Inspectors Lannan and Special Agent Dixon, of the Interior Department. He was caught red handed turning over to these attorneys In formation which would enable them to se cure contest cases before the Land Office, as well as Information which would en able them to locate prospective settlers on. desirable lands. . Numberless s,peclfia Instances are cited in which Comyngs betrayed the J J&X&Kciak- ment and sold information which should not have left the Land Office. Besides this, the Investigation showed him guilty of other misdemeanors. Notwithstanding his denial of all charges, Secretary Hitch cock ordered ills dismissal, to date from May 5. MUST HOLD STATE PERMITS. Nation Adopts New Policy as Regards Fish Traps In Washington. OREGONIAN NEWS BUREAU, Wash ington, May 21. It has been the custom for parties engaged in the fishing Indus try In the State of Washington to locate traps and other contrivances In tidal wat ers without permission of the War De partment, although the river and harbor act of 1S99 requires that such permission be obtained before such obstructions are erected In navigable waters. Since the attention of fishermen has been called to the law, many applications havje been re ceived and most of them approved. The department, however, has now adopted a general rule governing the issuance of permits, in which the right of the state to regulate the time and manner of tak ing fish In its waters and to grant exclu sive fishing rights is recognized As the laws of Washington require fishermen to secure a state permit before the erecting of flshtraps in Its waters, the department will hereafter issue Federal permits onlj to persons holding permits from the state. Thi3 will avoid conflict, and will not allow non-holders of state permits to encroach upon prior rights of fishermen recognized by the State Fish Commission. More Buildings for Army Forts. OREGONIAN NEWS BUREAU, Wash ington, May 2L Constructing Quartermas ter Penrose, at Port Townsend, has been Instructed to Invite bids for the erection of buildings to accommodate two addi tional companies of Coast artillery at Fort Worden and one more at Fort Casey. At Fort Worden the Government will erect one field officers' quarters, one dou ble Captains' quarters and two double Lieutenants' quarters, one double noncom missioned officers' quarters and two bar racks At Fort Casey three sets of offi cers quarters and one barracks will be erected. Wants Seconding Speech From West. OREGONIAN NEWS BUREAU, Wash ington, May 21. It Is President Roose velt's desire that a speech seconding his nomination at the Chicago Convention be made by some man from the Pacific Coast as well as by delegates from the East, South and Middle West. A Pacific Coast speaker has not yet been chosen, al though consideration is being given to Attorney George Knight, of San Fran cisco. New Washington Postmasters. OREGONIAN NEWS BUREAU. Wash ington, May 2L Washington Postmastere were appointed today as follows: Goshen Phlletus G. Cooke, vice- Thomas H. Burtenshaw, resigned; Tulallp, Antolne Calsse, .lce Richard Newmark, resigned. COUUTESS CASSESI SOBBED. Gold Brooch Worth $600 Supposed to Have Been Stolen at Fete. WASHINGTON, May 21. Countess Cas- sinl has reported to police headquarters that she has been robbed of a gold brooch, set with diamonds and pearls, valued at ?600 It Is supposed to have been stolen during the recent fete given by the Countess in aid of the Red Cross. LIS IN PERIL Seattle's Mayor Gets Threatening Letters. POLICE CHIEF IS INCLUDED Warned of Revenge for Clos ing Down Gambling, OFFICIALS TO BE BLOWN UP Epistles Are Written in Red Ink and Adorned With Skull and Cross. Bones-Search for Authors Is Begun. SEATTLE, Wash.. May'2L-(Speclal.)-Mayor R. A. Ballinger and Chief of Police Thomas Delaney have been receiving a serles of anonymous letters threatening their lives. The latest one. received this morning by Mayor BalUnger, declares that the writer Intends to blow up with dyna mite a portion of the city containing the two officials'. All the letters received by the Mayor and his Chief of Police complain bitterly against the policy that h made Seattle a "closed" town. Some of these letters, to make them more threatening, If possible, have been written In red Ink and two have been Illustrated by skulls and crossbones drawn by the letter-writers, with the ap parent effort to make the missive tapress ive. A letter received by Chief Delaney two or three days ago contained this warning: "Come on, boys. Mayor BalUnger and Chief Delaney have ten more days to live." The letter ended with an insulting and profane reference to both officials. This warning was penned by an illiterate per son on the back of an old envelope. Letter With a Signature. JThe letter received today by Mayor Bal Unger was signed by James McGuire, a peiaon unicnown to any of the city offl telaWn,Bdwhom the directory does not "ui. -ij ucuuures ne nas uynamitejstored In a convenient place which will ba-aa'dd to kill the Mayor and Chiefs The letter was treated with more seriousness than any of Its predecessors. It was immediately turned over to the police and read to the detectives before they went on duty. Mayor BalUnger proposes to make an example of this threatening letter-writer If he can be found. The Mayor wlU per sonally take the case to the United'States Court, where the accused man, if arrest ed, will be charged with sending threaten ing letters through the mails. McGuire thfnks that the city should bo run wide open. As it is, he sajs many men are being driven out of business be cause of the Mayor's closed-town policy. Threat of Man on Chain Gang. Though the threats contained In the anonymous letters have not worried Chief. Delaney, he is keeping a close watch on all the letters, and if the writers are found they wlU be vigorously prosecuted. The Notorious Joe Young, now serving time in the chain gang, threatened today to kill the Chief as soon as he is released. "I will blow the police station up with dynamite' he said to Foreman Sheehan, of the chain gang. "I will cause the stars to turn into blood and blood shall rain over the landscape. I will show my power. The Chief's life Is mot worth that" and Joe snapped his fingers. BANKER EHDS HIS LIFE. Head of Institution Which Fails Gets Nurse to Leave Him. MACON, Ga, May 21. Robert H. Plant, president of the First National Bank and owner of the Plant & Son private bank, both recently placed in the hands of a receiver, committed sui cide today at his home. He had been 111 for two months. Plant asked his nurse to assist him to the bathroom. Fifteen minutes later the nurse found the capitalist dead with a pistol in his hand. Mr. Plant leaves a. -nMrtrvoj- o nine children. The Plant banking In stitutions were the oldest In Macon. The receiver of the private bank has reported a shortacre of mo tha-n sai 000. The National Bank Examiner has not yet reponea on xne ij'irst National. Mr. Plant had insurance on his life for more than $1,000,000, of which about $300,000 was for the benefit of creditors. SAYS FABEWEU, TO POPE. Cardinal Satolii Is Preparing toJLeave for America. ROME; May ZL Cardinal Satolii, as prefect of the Congregation of Studies, was received in the usual fortnightly au dience by the pope today, and took the opportunity to pay farewell respects to the pontiff before leaving for America. Tho pope wished him a pleasant journey, and gave the cardinal the apostolic bene diction. , Cities Cardinal Satolii Will Visit. ROME, May 2L Cardinal Satolii has ar ranged a programme for his visit to America which includes trips to Wash ington, Notre Dame, Ind , Philadelphia, St Louis. Chicago, St. Paul, Duluth and New York City in the order named. Court Hotds State Has No Case. ST. LOUIS, May 21. Eight cases brought by the state against Mrs. So phia Welnzelrl on a charge of bring ing girls from Germany to St. Louis for improper purposes, were dismissed in the Criminal Court today, Judge Mc Donald stating that the evidence was insufficient to prove the state's case. j5?1 102.0 .1