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About The Sunday Oregonian. (Portland, Ore.) 1881-current | View Entire Issue (Jan. 23, 1910)
THE SUNDAY OREGOXIAX, PORTLAND, JANUARY 23, 1910. 5 HEINZE SET FREE AND IVIORSE HOPES Quashing Indictment Against Copper Promoter Raises Question. COMMON LAW IS INVOKED Presence of Expert In Grand Jury Room as Adviser Nullifies Find y Iniars New Presentation Will Be Made. SEW TORK. .Ian. 22. A decision by Judge .Housrh In the t'nlted States Court Today quasljini,- tne indictment asainsi P. Augustus Hlnze, financier and pro moter, has piven renewed hope to ' friends and counsel of Charles W. Jlorse, the banker, now serving' a term of 15 years lu the Federal prison at .Atlanta, Ga. Martin AW Littleton, Morse's lawyer, paid tonight that the Heinze decision may apply equally to the case of Morse, nd that, if he could establish similar facts, he would, move that no valid indictment vas found against his client. Heinze was indicted on October 12, 190!, for a violation of the National banking laws. In quashing the Indict ment Judge Hough said: "The common law is that a grand jury, while deliberating shall listen to witnesses who give testimony and to no one else except the authorized law of ficers of the commonwealth. When this Jndictmont was under consideration in the grand jury John P. Fernster took part in the proceedings to the extent of asking some technical questions of other expert accountants, and through out suggested th method of examining expert witnesses thought to be allied Jivlth the defendant." Expert's Presence Vnlawful. Mr. Fernrter is an expert accountant, friot a lawyer, and was not retained by the prosecution as counsel. "This may be a good system," con tinues the court, "but it has not been adopted by law. It h:is nevpr been urged before that counsel la entitled to have at Ills' elbow in a grand Juryroom an expert SiBrtstant," Mr. Littleton issued a statement in part As follows: "It has been brought, to my attention hat the method by which the indict ments (against 'Morse) were procured in cluded the service before the grand jury of a. non-profetilonal ofTlcial, designated fcy the Federal Government. I understand the court has- determined that, for siniila .practices, an - indictment against Mr. Dieinze shall be quashed. If I can estab lish Eimilar facts in the case of my client, I shall move that no valid inuict tnent was1 found against him. Federal Issues Raised. VBut whether I can establish such facts or not, I expect within 30 days to apply to the Federal Court at Atlanta for a writ of habeas corpus which will enable me to present to the court these ques tions: "First As to whether the court was a constitutional court within the meaning of the Constitution, it being conreded that one of the jurors was demented at th time of the trial. "Second As to whether the defend ant was afforded a trial by any Impar tial jury, when the jury was over shadowed and surrounded by the pri vate paid detectives of the prosecu tion. Sentence Is Excessive? "Third As to whether or not a sen tence of five years in excess of 'he statutory term is a valid sentence, upon which the defendant can be confined." There still are two indictments pend ing against Heinze. one of which charges over-certification of the checks of Otto Heinze & Co.. and the other misapplication of the funds of the Mer cantile National Bank for the benefit of Heinze himself. According to Attorney Smith, who 1ms been assisting the United States Dis trict Attorney in the prosecution, the quashing of a third Indictment today will merely result in the delay incident to obtaining a new Indictment under the conditions Imposed by the court. He believes he lias sufficient evidence to do so without ths assistance of a lay expert. earthquake was recorded in the obser vatory of the University 'of Washing ton, early this morning,, beginning about 1 o'clock, with a tremor indicat ing a violent convulsion and continu ing for more than an hour. The rec ord was so much like that which was made by last year's earthquake In Mex ico that the university authorities are inclined to locate the quake in Mexico, although they say the earthquake dis trict of Alaska is situated at a dis tance that would be indicated by the seismograph record. Nothing has been received by cable from Alaska rela tive to any disturbance. The United States Signal Corps cable has been broken by all Alaska earthquakes hith erto, but today there has been'not the slightest Interruption. Atila. May Have Been Shaken. SAINT MAUK, France. Jan. 23. The seismographs1 at the observatory here to day Indicated an earthquake of great ln slty 3.000 miles to the eastward, prob ably in JJie Caucasus or Armenia.' The oscillations lasted for a minute and a half and -were among the heaviest ever registered at the observatory. STOCK SHOWS OF GOUST If J CIRCUIT Baker Theater, of Portland, Joins California and Puget Sound Combine. ! SAN FRANCISCO DEAL MADE Iceland Feels Tlrree Shocks. SEYDISFJORD. Iceland, Jan. 22. Three severe earthquake shocks were felt here at 7:40 o'clock this morning. The tremors were felt elsewhere in Iceland, but so far as reported no dam age was done. FLOOD LAND SUIT FILED WATER POWER COMPANY DAM AGES ADJUSTED. Construction of Dam lias Backed Vp Waters of take. Covering Shore Property. BOISE. Idaho. Jan. 22. (Special.) Suit was filed In the Washington "Power Com pany flood land case in Northern Idaho, in the United States Circuit Court in this city today, by the company against the settlers praying the court to grant a de cree adjudicating the legal questions in volved and to allow the company to flood the land. The area involved is estimated as valued ateeveral million dollars and borders, the shore of Lake Coeur d'Alene. This suit will go to trial at Moscow. The court Is asked to appoint a commis sion to decide on the price the company shall pay the settlers for the land. There are 50 defendants. The complaint recites that in 190 the power company erected across the Spo kane River a great dam at a cost of thousands of dollars and constructed elec tric power plans by which power since has been furnished to the surrounding cities and mining sections, particularly In Shoshone County. By the construction of this dam. a great reservoir has been created, backing the water into the Coeur d'AJene Lake, of which the Spokane River is the only outlet. This has neces sitated flooding the bottom lands around the lake. CURTISS ALONE IS LEFT Aeronauts and Aviators Scatter to Other Cities. LOS ANGELES. Cal., Jan. 22. All of the aviators and aeronauts who took prominent part in the 10-day aviation meet Just concluded in this city, have departed with the exception of Glenn Curtiss. who will leave for Hammonds port, N. Y., tomorrow unless otherwise advised. Louis Paulhan and entourage left early today for San Francisco. Charles K. Hamilton left last night for San Diego, where he will try for the altitude record of the world on FMondaj. Charles F-Willard has gone to Fres no, where he will fly under the manage- ment of Frank Johnson. Clifford B. Harmon and President Bishop, of the Aero, Club of America, started today for New York.' Dick' Ferris, manager of the avia tion meet here, will leave tonight for San Francisco, and from that city will go to Salt Lake and Denver to arrange for the appearance of Paulhan and his associates in those cities. HARBOR POLICY SUGGESTED (Federal Improvements Are QncMlon on Which Committee. Splits. WASHINGTON, Jan. 22. Recommenda tions as to a general Federal policy toward the improvement ofrlvers, harbors snd canals, based upon Investigations that have been conducted in this and foreign countries for a couple of years, will be made' to Congress by the United State National Waterways Commission in a re port to be submitted Monday. The one Important question upon which the committee split. It is understood, was bs to whether or not there should be Fed oral control of rates on railways compet !tnsr with the transportation lines on in land waterways. Members of the Commission contended that the Interstate Commerce Commission .should be given power to fix a minimum rate to be charged by the para'lel rail roads in cases where it was evident the Tail rates were reduced to draw business way from the water routes. Others op poned such legislation. Upon the final voto it is understood the large majority of the commission mem bers favored laws to give addd power to the Interstate Commerce Commission, and the report, it whs learned today, will give the opinions of the majority on this ques tion. Such laws, in the view of the ma jority, are essential to insure rapid devel opment and broad use of the inland water-ys. ALASKAN SHOCK RECORDED Washington Records Quake Lasting Over One Hour. WASHINGTON. Tan. 22. An earth quake of considerable Intensity was re corded at the Weather Bureau here early today. The first preliminary tremors began at 3:58:2$. and the dura tion of the disturbance was something over an hour. The origin of the earth quake is estimated by the bureau to have been at a distance of 3200 miles from Washington, probably in the vi cinity of Alaska. SEATTLE PLACES IT IX MEXICO J'niverUy Observatory Says Shock Reeembled Former One. SKATTT.T3, Wash . Jan. 22, A severe Sheriff's Son Accused of Desertion. SAN FRANCISCO, Jan. 22. Six shots fired In quick succession by a police man in an effort to stop an escaping prisoner caused great alarm early to day at the corner of Market and Eddy streets, where many persons weie passing on their way to work. The fugitive, who was soon halted, proved to be Roy E. Pettik, son ofthe Sheriff of Gratiot County, Michigan, who is accused of various crimes and had been arrested in Santa Barbara by one of his father's deputies on a charge of deserting from the United States Navy He. was being taken to Mare Island to be turned over to the naval authorities when he made his unsuccessful break for liberty. Two Days' Conference of Managers Ends In Formation; of Body Built on Belasco Lines. Extension Predicted. SAN FRFANCISCO, Jan. 22. What is Raid to be the initial step in the forma tion of a stock theater trust in the West was taken today when the interests of the five principal stock theaters on the Pa cific Coast were merged.. This action followed, a two days' con ference between the managers and is the outcome of a movement started In New York by Frederic Belasco. The object of the combine, which at present includes only the five principal cities on the Coast, but is said will be extended to Denver, Salt Lake, Helena and other Western cities Is to have rival, ry in obtaining places and engaging actors, thereby controlling the dramatic stock field in the West. The theaters whose interests have been merged are the Alcazar, San Francisco; Burbank, Los Angeles: Baker, Portland; Seattle, Seattle, and the Spokane, Spo Rumored Dividend Boosts. NEW YORK. Jan. 22. Heavy pur chases today of United States Steel com mon stock Is said, on the Stock TSx change. to indicate a confirmation of the report that at a meeting of the directors next Tuesday, an extra divid?r.d of Si per cent will be declared in addition to the regular 1 per cent quarterly dividend. The extra dividend, It Is reported, will be declared to make a total dividend of 4 per cent for tholast year. Colonels Advanced In Rank. WASHINGTON, Jan. 22. At a White House conference yesterday promotions of Colonels to be Brigadier-Generals were decided upon as follows: Colonel Frederick K. Ward, Seventh Cavalry, vice Chittenden, to be retired Febru ary 1: Colonel R. W. Hoyt, Twenty-fifth Infantry, vice Morton, to be retired February I. and Colonel M. M. Macomb, Sixth Field Artillery, to be retired No vember 4. Free Rheumatism Cure A Home Cure Wll Be Given FREE by One Who Had It In the Spring of 1S93 I was attacked by Muscular and Inflammatory Rheumatism. J suffered an only those vho have It know, for over three years. I tried rem edy after remedy, and doctor after doc tor, but such relief as I received was only temporary. Finally I found a. remedy that curd me completely, and it has never returned. I have given it to a number who rere terribly afflicted and even bed.-riddn, with Tlheumatirm, and it effected a cure in every case. I will send a free trial of this precious remedy by mail, postpaid, to any sufferer who write for it. Just fill out the cou pon below and mall it to me today. Mark H. jarkson, ?Co. 482 James Street, Syracuse, N. Address ...... FARE REFUNDED FOR SEAT "No Seat, No Pay," Rule In Trenton Makes Cars Popular. TRENTON, N. J-, Jan. 22. Passage by the common council here of an ordinance providing that all persons who cannot gee seats on trolley oars need not pay. fares, has given rise to an unusual traction situ ation. Crowded cars have suddenly be come popular. "Stand up and save your fare,"ls the slogan of hundreds of men passengers, who have never before been known to arive up their seats to women. The ordinance provides that conductors 1 must refund fares to men who give up their seats to women passengesc. Some women object now to the prevailing gal lantry of the opposite lei, as they really prefer to stand. v Meat Preservers Win. SEATTl4, Wash., Jan. 22. Having appealed from the Justice Court from the fine Imposed on them for using sodium sulphite to" preserve meats, 27 Seattle dealers secured a Superior Court decision yesterday declaring the state had not proven the preservative harmful to the meat. The Justice uoun, consequently, was- i cvci eu. awo ; case will go to the Supreme Court on appeal by the Prosecuting Attorney. Br lckmakers Denied Raise. CHICAGO. Jan. 22. Three thousand Cook County brlckmakers yesterday gave notice to the manufacturers that they Intend to insist on a wee in crease of 15 per cent on the expiration of their present agreement. It Is said any effort to increase wages will be resisted by the manufacturers, and union officials expect a clash on the ex piration of their agreement. v Sale of Spring Waists New 1910 Spring Waists, the new sleeve, the latest effects perfect cut. Regular $2.00 and $2.25 Waists, THIS WEEK $1.45 Gumbert's Better Waists for Less. 334 WASHINGTON, Near Seventh. Rich in Cod Liver Oil iUf - 1 ne Uistinguishing raiuie or Ozomulsion is its CURATIVE DUALITY, Which All Other Kinulsions Lack. EXPERIENCE IS KNOWLEDGE To all who have Intelligence to Profit by it. And hundreds of thousands through out the world have learned by ex perience that OZOMULSION is a cura tive blessing to the weak, the sick, the convalescent all suffering with Coughs, Colds. Lung Troubles,- Ma laria, Grip,' Pneumonia or other Pul monary Troubles. Those who have never tried It may ask: "What Is it composed of?" The answer: Pure Norwegian Cod Liver Oil Nourishing and Tissue Building. Glycerine Soothing and Healing. Hypophosphltes of Lime and Soda Bone and Tissue Building the whole forming a widely, known Scientific Curative Preparation an admirable body builder that restores health and imparts new life and energy to the human system. Ozomulsion is known, recommended and sold by worthy druggists every where in lti oz. and 8 oz. bottles. Always ask for Ozomulsion by name. That all may experience for i them selves what this exclusive preparation will do, a 3 oz. Trial bottle will be sent by mail to all who send their ad dress, by postcard or letter, to the Ozo mulsion Co., 648 Pearl St., New York. Last Week Of Our Annual January Clearance Sale Mail Orders Are Carefully Filled. Goods Promptly Delivered "iiiuwis iii ii , -"rgl-MMMr Last Week Of Our Annual January Clearance Sale Greater Price Reductions Than You Have Ever Known Before on Goods of Equal Worth. THE REASON Winter stocks are decidedly in the way here, and with thoughts centered on the new things for Spring, a radical clearance is necessary, so off goes a quarter, a third or a half,- maybe, of the original fair prices. This will he the last week of this great sale, and the clear ance is to be a determined one. Five minutes spent here will convince you that it is the greatest cleanup of seasonable merchandise ever known in this vicinity. FAIL NOT IN YOUR DETERMINATION. TO AT TEND THE SEASON'S MOST REMARKABLE SALE. THE VALUES Never before have they represented so much for bo little. Here, there and everywhere throughout the store there are bargains innumerable it is a sale that no economical person can afford to over look; prices have been reduced to the vanishing point. Scan this page carefully; read every line. A thousand and more remarkable values that cannot be listed here for lack of space. COME AND SAVE, BUT YOU MUST COME THIS WEEK, AS THIS GREAT SALE CLOSES WITH THE END OF THE MONTH. ' If Goods and Bedding Prudent housekeepers should look well to their present and future needs and buy in liberal quantities while such splendid savings are possible. Now, be quick hasten to the Domes tic Section first thing in the morn ing. There's plenty of economy, for all lines are underpriced. Here's a partial list: BLEACHED DAMASK IN 75c QUALITY 62? About 20 bolts of full bleached Table Damask, guaranteed all pure linen, shown in a large variety of new designs; comes. 64 inches vO wide. Our regular 75c line, Clearance Price " BLEACHED DAMASK IN $1.25 QUALITY $1.00 A special offering of full bleached Table Damask, shown in a large as sortment of neat designs; cornea full 72 inches wide fljl f f and guaranteed all pure linen. Our leader at $1.25 yard. P mJ w WHITE SPREADS, $1.75 VALUES $1.48 A very special offeiing of full-size white Bedspreads, suitable for double beds, hemmed all ready to use, and shown in beautiful D"1 yt Q Marseilles designs. Best $1.75 values, Clearance Price ; . P WHITE SPREADS, $1.90 VALUES $1.33 A very limited number iu this lot ; full-size white Bedspreads of splendid quality, made with scalloped edges and cut corners to fit brass beds; shown in desirable designs. Regularly sold at $1.90, "1 O K Clearance Sale Price ..pJLO t Huck Towels, 17x34 inches, good, durable quality, Clearance Q Sale Price , : 7 Huck Towels, 20x40 inches, with fanoy borders, 15c values, Clearance Sale Price . ..A V Bleached Bath Towels, 24x48 inches, hemmed. 30c values, O O j- Clearance Price at && Blue Cameo Spreads in pretty designs, regular $2.90 val- CO O K ucs, Clearance Sale Price P J Bleached Sheets, 72x90 inches, Monday and Tuesday at the Ak Q jf" Clearance Sale Price of JLW Pillow Cases 42x36 inches, Monday and Tuesday at the Clear- " "I V ance Sale Price of A f " ! M TA iT -3 at J anuary Sale Prices A Great Clearance Sale offering of the most favored of the new weaves. The color-assortment is complete and the de signs are most attractive. Prices show a full third saving for the purpose of reducing stocks to the lowest possible limit before inventory. This sale de serves an immediate response, so un usual are the values. The prices them selves should influence you to look, and the closer yon look the more certain you are to buy. We list a few of the offer ings below: SWISS TAFFETAS, 85c QUALITY GOtf 19-inch Swiss Taffeta Silks, shown in solid colors in all popular shades for street and evening wear; purest of silk fabrics of pliabl weave and brilliant finish. Warranted the best Soc quality, f f . Clearanc Sale Price v WASH TAFFETAS. 85c QUALITY 59c 19-inch Royal Wash Taffeta Silk, one of the most durable silks made; comes in over 35 shades in the most desirable colors; comes in a splendid weight, guaranteed to wash perfectly, will not flip or break; warranted to give satisfaction in every way. 7oc K Qf and 85c qualities, Clearance Sale Price J v v DRESS MATERIALS, $1.50 TO $2.00 GRADES 46 to 54-inch all-wool Novelty Panamas, Fancy Worsted?, Diagonal Serges and Mannish. Suitings, also shadow-striped Serges, Broad cloths, etc., etc. In this assortment you have choice from f g- the season's best styles and colorings. .$1.50 to $2 grades J . DRESS MATERIALS, $1.00 TO $1.25 GRADES GO 44 to 50-inch all-wool Taffetas, Trench Voiles, Nunsveiliugs, French Batistes, fancy wool Serges, novelty Worsteds, Broadcloths, shadaw striped Serges and English Chevrons, etc., etc. All our 5 Q m regular $1.00 to $1.25 grades, Clearance Price V ifr CREAM-COLORED NOVELTIES AT 4oe- At this price we are showing an unusually attractive line of new cream-colored novelty fabrics, iu Novelty Serges English Mohairs and Fancy Panamas, etc.; also the same fabrics in black and white, blue and white and green and white stripes; colors are warranted fast. All are regular 65c and 75c qualities. r "Women's Child's and Men's At Decided Price Reductions Tor This Great Sale Prices have been reduced through out the entire de partment, and you will find it decid edly worth your while to come here for anything you want. It's a sale of shoes of thor oughly dependable qualities, shoes that fit, wear and give satisfaction generally our own regular lines, that are guaran teed BY US. Buy now and make every cent do double duty. A full liije of women's Shoes, straight lace or Blucher, all solid leather, all sizes. $2.00 val- I -J A Q ues, Clearance Sale Price F 7 A fine offering of women's Shoes, in patent or kid, straight lace or Blucher, regular $2.50 fl "1 W Q values, Special Clearance Price p JL u J Women's Shoes in patent kid and gunmetal, straight lace, button or Blucher style, low, me- C2 O O Ci dium or high heels; $3.00 values at...W07 A line of little gents' Shoes, vici kid and satin calf, lace or Blucher, all sizes; $1.50 values, Clear- QAa ance Sale Price Children's Shoes and women's one-strap and three point kid Slippers ; regular $1.25 and $1.50 Q g- values, Clearance Sale Price J A fine line of men's Shoes, shown in all styles and leathers, regular $3.50-and $4.00 CO K " values'. Special Clearance Sale Price . . f " Suits, Long Coats, Gapes ! Furs, One-Piece Dresses, Skirts, Child's Coats and Petticoats, at "Wonderful JBarg-ain Prices The surprising values in our garment department will interest you, if you are a wide-awake shopper. Soon we begin to gather our Spring wearables just a short time, then, to close out our Winter stock of ready-to-wear for women and misses. There is a great choice to be had among them perhaps the very suit or jacket or other, garment you've been wanting will be here. We only invite your inspection the garments and prices are sufficiently eloquent of their own merits. These specials for Monday and Tuesday: SUITS AT FIFTEEN DOLLARS $15.00 High-price suits selling at fifteen dollars ! This is our head liner in the Suit Department. As good, legitimate suit re ductions they are unsurpassed. About 50 suits in women's and misses' sizes; tailored coats in medium and three quarter lengths, sjcirts are the latest pleated styles, made of the following materials: Broadcloths, all-wool serges, panama and fancy cheviots; colors are black, navy, green. gray and shepherd checks. Regular $18.o0, QJT v fill $19.50 and $25.00 values, Clearance at. .. P JL t3 m JJ PETTICOAT SPECIAL 05 Petticoats of a fine quality black percaline and sateen; sev eral styles, deep flounces, finished with small ruffles and straps; also a very pretty effect with embroidered flounce; underlay and dust ruffle. $1.25 values, Q 1 g- Special Clearance Sale Price J STYLISH ONE-PIECE DRESSES $7.50 ' A special offering in those popular one-piece Dresses ; a perfect-fitting garment, with pleated flounce and artistically braided, down the front ; made of a fine quality broadcloth in myrtle green and navy blue. 'An exceptional bargain in this popular style of dress. Regular price W f $10.50, Clearance Sale Price V " DOLLAR CAPES Just a few of them at a dollar. They are of plush, 22 inches trimming and lined throughout. Original prices from $3.50 to close them out, at the Special Clearance Sale Price of TWO WONDERFUL COAT VALUES long, finished to $6.50, with fur $1.00 Full-length Coats in tight-fitting and semi fitting effects, tailored and gracefully de signed; materials are broadcloth, covert and cheviot coatings, in navy, black, tan, gray and green; each garment perfectly tailored; women's and misses' sizes. Values up to $25, Clear ance Sale Price $7.50 The second of these two wonderful Coat offerings is one in Raincoats of undeni ably 'good qualities; they are stylish in appearance, positively waterproif, and reasonable in price; full-length, semi-fitting effects, with storm collar; made of good quality rubberized poplin, in black, navy, brown, gray. Regu- C?y tZf lar $10.50 Coats at J OU uur ijrreaiiesii unemng 01 l ine embroideries Such selling as this sale occasions will encourage hundreds to buy a store of embroideries enough to last for months. While you will be vividly conscious of the unusualnesa of the values we offer now, later on, when you try to equal them in price and quality, you will more thoroughly appreciate and wonder at the excellent qualities and the beautiful designs of these bargains. Truly you may shop around a lot after this sale, but you will never get such bargains anywhare not even here. We onlv mention the mnm nnn. ular-priced lines, but we have bargains equally as good in the finer grades. In the following lots you have choice of edges, bands, insertions, corset cover, allover and flouncing embroideries of all kinds, suitable for all purposes : No Sueli Embroidery Bargains Before Embroideries at 9 c Yard VALUES TO 20 t Embroideries 33c a Yard VALUES TO 85 Embroideries 59c a Yard . VALUES Tq $S.OO Embroideries 1 5o a Yard VALUES TO 40 Embroideries 48 o a Yard VALUES TO S1.5Q - Embroideries 98c a Yard VALUES TO $3.50 Embroideries 23o a Yard VALUES TO 651 ' Embroideries 55o a Yard VALUES TO $1.75 Waist Fronts Go at 98o VALUES TO $2.50 f frn i n-7