Hgpii OREGON .CITY ENTERPRISER Hat your ubtc' plradT L" ...1 . FORTY SIXTH YEAR No. 18, OIIEQON CITY, OREQON, FRIDAY, MAY 3, 1912. ESTABLISHED ISM LIVE WIRES WILL HELP RAILROAD TWO VOTES CAST FISHERMEN FIGHT AND HEAR MUSIC AND LECTURES BAY STATE VOTES OF GIRL HE LOVED OF GAY THRONGS VIEW PAGEANTS COLONEL DECLINES MURDERS MOTHER FOR PEERLESS ONE ORDER BOARD POULTRY DEMONSTRATION CAR OF AGRICULTURAL COL LEGE IS FEATURE AUTO AND HORSE PARADE ATTRACT Thret Bands Render Muslo Through out Day And Hot Company Race Thrill Great Holi day Crowd Ono of the most successful Booster liny celebrations over observed In Oregon City waa (but Saturday, when thoiiMurida of persona of varlinia parta of llio county and Portland worn hero. Everybody wuh In good hiimur, and the wi'ulhcr wal Ideal. Tin It 8 cream, peanut stands and all the incrchiinla of the city did a rushing IiuhIikmi, and It waa nw-esanry In all cases to have extra clerks to wait on the cuKtuniKra. Mirny of the mor- ('hunts had on apodal anlcs and Knve souvenirs to the visitors. Many flugs were rained on the buildings and everything presented a 'Fourth of July" appearance. Umg before B oclock the wagons and carriages and aiitoini)lillia carrying passengers ho Kun arriving In the city. Tho stiiblea were .'tiled mid limiiy of the homes were lit d to hitching posts and even these worn at a premium. M. J. l-aiclto, who had charge of the arriwiKitinmita la deserving of much or the credit for the manlier In which thn program waa carried out durlnx the day. Uinl year and the year prevloiiNly Carnival companies wore engaged hut It waa decided to dlapuiuu with these attructlona thla year. Anions' the attructlona wero tho op en air concert Riven by three bands, the Philharmonic, Hand under the di rection of It. V. I). Johnston. Oak Grove Clrls' Hand under the direction of U E. ArniHtroiiK and Professor York, lender, and tho Kalla City Hand under the direction of Charlea 80 ho enheliu. The music waa the heat that has ever been Klven In Oregon City, and the playera were Keneroua In responding to encorea. of which there were many. The latest two- atepa, ragtimes were nugeiy appreci aled by tho lurge thronga of peolo, The alldo for life from the Oregon City suspension bridge by Dare Ievtl Minor and the wire walking ana neau the nttractlona. aa well na the demon the attriictlona. aa weel aa the demon m ration car from the Oregon Agrl cultural College, which waa In charge of Professor Dryden. who hna been In chargo or the poultry department of that Inatitutlon ror the pant four nnd one half yeara. Horore being engag ed by the Oregon Agrlcutural College Mr. Dryden waa a protessor in col leges m Utah and Montana. He la a man of experience. Ho waa nsslBt ed by C. C. lamb, foreman of the poultry department, nnd etudent, C. M. Wilcox and II. Morgernstern. Theae young men are taking a apodal course In poultry raising. There are forty-four atudenta taking the apeciul course, but during tho winter, when many of the farmers' Bona can be spared from their homes the number or atudenta Is Incrcaaea to more umu mil The demonstration car. since starting out throe weeks ago In South m (Ircuon. has been vlBlted by 15,- . 000 persona, all of whom wore shown virv courtesy by tho men In charge, WeBtern Oregon haa been visited, the car remaining In ench town or cuy for half a day. and more tban fifty ,.i have linen vlHlted. The car left for I'ortland and from that city will bo transferred on tho West Rldo visiting Sherwood, Newberg, and many of tho cities and towns In that section. Th tuiiikrv exhibit In the demon sratlon car gave to the public an Idea of the excellent work that Is bring done at the experimental siauon ai tho Oregon Agricultural oiu-ko, uninn nf the flneBt breeds of chick- ens. which were mostly of the White l.ouhorn nnd l'lymoum iiucub, which the College Is making a spe cialty, were on exhibition. One pen contained ft White leghorn hen, which laid 100 eggs In twelve months, and another of the same breed, and rt the name size having a record of 230 eggs In the same length of tlmo r.K. Lona contained Barred Plym outh Rocks, one of which produced forty-four eggs In twelve montha, and another 201 In twelve months. The highest average Is 259 eggs for one year, this being the champion hen of the United States, and la still at the experimental station oi m i..o ,i,iio the lowest la six eggs In '.r A Llcht Hrahma cock, which waa loaned by Edward Shear er, of Mllwaukle; and White Wyan hv B. Lee Paget, of Oak Grfove, were also on exhibition In this car, and a pair or unoae iBiana iwud loaned by Hownrd Kclm, of Newberg It Is the effort of thla College to breed for the chickens producing two ounce eggs and a record of 200 per year. Charts on exhibition ahowed that aome of the hens had the following re cord during the year: 259, the high est; 213, 219. 257, 210, and as low as "'The Oregon Agricultural College Poultry experimenting atatlon'a mot to Is, "Better Eggs and More or them." Mr. Dryden explained now many of the poultrymen had been neg ligent In packing, sorting and shlp ping eggs, which caused a loss of 60, 000,000 to the poultrymen of the Unit ed 8tates a year. In the exhibition was a glaaa case containing samples of eggs, which were in the bardboll ed procesa and cut In halves, show ing the color of the yolk and the al bumen had taken after the chicken had been given food containing col oring, and also of the chicken that had been given no green food. In the latter the yolk waa perfectly color lesa, while In the two former, the yolks of one had taken the color of (Continued from par 1) BIG SHAKEUP HITS STATE PENITENTIARY PA I, KM, Or., May 1. The biggest Nluikeiiii In the history of the Oregon Penitentiary In the middle of the term of an administration at least, occur red Tuesday when Governor West practically deposed Superintendent James, doing away with that olllco; deposed Parole OMU er llauur; readied the coiicIiimIoii to dlspeiiHo with the services of the matron at the peni tentiary; did away with the services of tho aupervlHlng engineer; discharg ed brickyard employes who were re ceiving In thn aggregate $75 a mouth ns well as culling two chaplains off. Although the move was made yest erday, it was done quietly and not until today did the newa of the Gov ernor'a drastic action leak out. The entire move, states Governor West, was made In the Interest of economy. STATE TO PAY CANAL MONEY IN FEW DAYS 8ALKM. Or, May 1. Stato Treas urer Kty reports today that the state has on hand $I.GO0,0O0, with not a dollar of outstanding Ponds or interest-hearing Indebtedness. However, $2(M),noo w ill ho soon paid over to the government to apply on the purchase of the Oregon City locks. That Is the onlv bill outstanding aside from tho ordinary fixed expenditures. The greater portion of this sum Is deposited In 56 banks of the state, drawing 2 per cent Interest, which produces an Income sufllcient to pay all the eoHt attached to the state treas urer's olllco. The amount or cash on hand Is con siderably Increased over ordinary con ditions by $100,000 raised, as provid ed by law, for University of Oregon appropriations, which are being held up by referendum proceedings. OF POmi-AND. April p. The burg lary of Frank ltlnhop a hardware store at Coble, Or, December 27, is now laid to Jack Roberts, who is held In Portland for the shooting or Donald Stewart and Goorge Hasting on the White House road.' HIhIiop came to Portland Saturday and Identilled the Wlnchofter pump gun, revolver, ahot gun belt, hunting knire, raior and match l-ox round on KoDerts wnen ar rested by Sheriff Stevens and hla dep uties. HlBhop gave the number and desert otlons of the articles which were taken from bis store on the aft ornoon of the burglnry. Stolen rrom the Btore on that night were 10 ra rors. one half dozen Jack knives of "Zenith" make, one 30-30 Savage re volver, one rim fire U Winchester gun, two compasses, one search light nnd an alarm clock. ALLEGED AUTO SLAYER TO BE T The trial of H. E. Roberts, under Indictment in Portland for the murd er of Donald M. Stewart, one or the two victims of the attempted automo- bllo holduu on the White House road will be started during the first week In June. That week was agreed upon by E. S. J. McAllister and F. H. Whit field, attorneys appointed by Judge KavanniiRh to defend Roberts, and Deputy District Attorney Fitzgerald. Roberts entered a formal plea ot not guilty waiving his right to demand further time. Mr. Fitzgerald asked that the case be set for as early a date as possible, but the defendant's attor neys demurred, declaring that they wlBhed tlmo to prepare their case, Although the state In paying for Rob erts' defense and their compensation will be only $50 each, Attorneys Mc Alllster and Whitfield told Judge Kav anaugh that they Intended to work as hard on the case aa they would on one out of which a large fee would be forthcoming. LA FOLLETTE HAS BIG LOS ANGELES CROWD LOS ANGELES, April 29. With Governor Johnson here to speak for Colonel Roosevelt at a mass meeting tonight, Senator La Follette to ap pear In and aroupd Los Angeles four times !n the Interest of his own can didacy, and Walter Houser, La Fol- lette's campaign manager, dividing overflow Interest with Medlll McCor- mlck of Chicago. Los Angeles today a the capital of political activities on the coast. La Follett retuned early today from 3an Diego, where he spent Sun day In rest. He was scheduled to address the Women's City club at noon and to apeak at Ocean Part, Santa Monica and Venice thla even- ng, leaving for San Francisco early tomorrow. Governor jonnson win sneak tomorrow night at San Diego, Wednesday at San Bernardino, Thurs day at 8anta Ana. Friday at Pasadena and Saturday night at Long Beach. COMMITTEE TO ASSIST IN OB TAINING FUND EQUAL TO CARVER SUBSCRIPTION WAREHOUSE PROPOSITION DISCUSSED Nina Architects Submit Plana For Li brarySelection To Be Made By Secretary of Mr. Carnegie The Live Wires Tuesday decided to give assistance In raising $15,000 for tho Clackamas Southern Kail road to meet the offer of Stephen Carver. Grant II. Dlmlck, chairman of the com mittee on the Clackamns Southern, was authorized to appoint a sub-com-mlttoe to aid In the work. Judge Dlmlck said If $35,000 could be raised he would guarantee a subscription of at least $10,000. Mr. Carver, after making an exami nation oi the property several weeks ago, said he would subscribe for $45, Ouo stock If a similar amount of stock was boIu by May 3. As a result of the offer several other subscriptions have been made, and it Is believed that tho nocesBary money will be ruised. The olllcera or the railroad say that the I'.tO.OOO subscription with what money Is in the treasury will build the road to Molalla. Frank Ilusch, chairman or the com mittee to Investigate the proposition of establishing warehouses, roiorted progress. The president and aecre- tary of the Commercial Ciuo were authorized to call upon the city coun cil and learn ir It would be willing to grant a franchise on Sixteenth street to the Southern Pacific Hall road and the Portland Railway, Light & Power Company provided tney would ngreo to acquire property and build warehouses. Judge Stlpp said that representatives of the railroad would confer with the council this evening regarding the establishing yards here. President MoHnln ot tne commer cial Club reported that Mrs. S. A. Chase was willing to give the neces sary property on the bluff for an ele vator In exchange ror a portion oi Hlch street that Is not used. Ho re ported that nine architects had tend ered plans for the Carnegie Laorary, and that the committee woud aolect two or them Thursday to rorward to Mr. Hertram, Andrew Carnegie's sec retary. The-one selected by Mr. Hert ram will be approved by the commit tee. FINEST BOAT FOR OREGON CITY TRANSPORTATION COMPANY TO ADD NEW STEAMER TO FLEET COST OF CRAFT WILL BE $30,000 Vessel To Have Length Of 150 Feet, Thirty Feet Beam And Will Have 300 Ton Capacity With a clause Inserted in the con tract that she must be completed on or before August 15, a sternwheel pas senger and freight steamer will be built by Joseph Supple for the Ore gon City Transportation Company at an approximate cost of $30,000. The work Is to be started immediately. The new steamer, which will be christened the Graemona, will be 150 feet long, 30 feet beam and 4 feet 9 Inches deep. Hy long odds she will be the largest and speediest steamer ever placed in regular service be tween Portland and points on the up per Willamette River. She will have an excursion license for carrying about 400 passengers. Her freight capacity will be from 200 to 300 tons. Despite her bIza It Is declared that the steamer will draw no more than 18 Inches of water when she Is launch ed. During the latter part of the Sum mer she will ply between Portland and Salem and way landings. In September, or following the low-wat er season, she will run through to Corvallls, the head of navigation. When she has been completed the owners will have three steamers min ing out of Portland to points on the upper Willamette River. The other two are the Pomona and Uregona, but the Graemona will be the flagship of the fleet Supple's shipyards will be operated to capacity during the next few months. In addtion to building the river steamer an ocean carrier is be ing turned out at the same plant This is the Minnie E. Kelton, which Is be ing converted from a barge Into a steam schooner. Every effort is be ing made to have her ready to go In commission by the middle of July. She will carry lumber to San Fran cisco and return with general car goes. The steamer belongs to the E. Dodge Lumber Company. 2 Couples Get Licenses Licenses to marry were Issued Thursday by County Clerk Mulvey to UawaMl f Xffnlvav anri T . Arthnr Smith and Beatrice Maston and Eric H. Broman. RIVER IS ORDERED PRESIDENT GETS TWENTY-SIX DELEGATES AND ROOSEVELT GETS TEN EX-PRESIDENT WILL NOT FIGHT Speaker Clark Indorsed For Chief Ex ecutive By Massachusetts Democrats Wilson Bad ly Beaten ? OYSTER BAY, May 1. Roose- velt'a statement regarding the 4 Massachusetts delegates at large i- says in part: '(, "It would seem unlllu-ly that a rt majority of the voters who voted V for delegates pledged to me h should simultaneously express a 4 preference to Taft, but, appar- $ ently that la what happened. Such being the case, I hereby an- ' nounce that I shall expect the g delegates at large to disregard $ their pledge to support men and Z to aupiKJrt Taft H any hesitates 3 I shall immediately write bira r with all the emphasis and In- ri slstance possible to take the ac- 3 tlon indicated. "In this fight I am standing for certain great principles which I Q v regard as vital to the present and i future welfare of the nation, and $ my success Is valuable only as an l Incident to securing these prin- clples." t. $ $ f $r ?' 4' BOSTON, May 1. President Taft gets 2i Massachusetts delegates to the Republican national convention In Chicago and former President Roose velt 10. This was the not result to dny of the fiercest political battle ev er seen in New England when com plete returns from all but three small towns in the state were tabulated. On the figure themselves Taft and Roosevelt split even. Each bad 18 delegates. Roosevelt got 10 straight out delegates and his list of delegates at largo, eight in all, defeated those pledged for Taft Thla left the count even, each having 18. This afternoon, however, Roosevelt luauod a statement that aa President Taft had won la tho Presidential pre ference nrlmary. he (Roosevelt) wouio. not Insist that the eight delegates at large cast their votes ror him in the f'Mmej convention. Whether or not the delegates at large will fall In with the suggestion that they shall support Taft Is as yet uncertain. Following are the figures for the al most complete returns from the state as a whole on the preferential presi dentlal te: Taft 87117 Roosevelt 83,114 I-a Follette WW Clark 33.49l Wilson 14'4i0 The results in the city or Boston alone were: Tnf .11,281 Roosevelt 10-"J c1arrette:::::::::::::::::::ioo u-nVL 5,789 II IIDVU . This afternoon General Champlin, head or the Taft forces In this state, nm.n,-.wi that the Taft delegateB-at- large would demand seats at Chicago despite the fact that they had been defeated by supporters of Colonel RooBevclt. He contends that the Tart delegates-at-Iarge reaiiy receiveu a maiority in the preferential primary, As the returns come In Clark's plu rality over Woodrow Wilson continues to gro It is believed that the defeat of Sen ator Murray Crane at the primaries as delegate-at-large for Taft means his retirement from political me. The Roosevelt supporters still claim victory. They now lay claim to one delegate In the eighth district If this Is true the Colonel will have 19 dele gates and President Taft 17. In case the dMegates-at-large vote for Roose velt Th ..Hiatal count In the eighth dis trict gives the second Taft delegate in that district plurality of only three votes over the Rooseven aeiesaie. - ..ioii mnnorters are circulating petitions demanding a recount of the votes. If they carry their point the figures would stand Kooseven zu, iu 16so far as otticiat returns gu. The same districts that gave Taft . mf,tnhi plurality gave the n..v.it del,!!:ates-at-large, headed by Baxter. 82,687, ana me u.r gates-at-large, headed by Senator Mur ray Crane, 74,835. Regarding the contesting of the Roosevelt delegates-ai-iarBB, uuC.. Champlin said this afternoon: pynm President Taft a victory In the primaries. I am satisfied that ev- rv fair minded man ueucca w.i Mooaaiiiiaotta wants him to w nomi nated. We lost the delegates-at-large mainly through a blunder in maims .,n hn haiiota. The fact that Frank Riherlich a name, who ran as an In dependent delegate, waa placed at the top of the original list of Taft dele gates, confused nunurcua vi .uvci., who marked Siberllch'a name and hn marked the other eight names. This throws out those ballots, except tn tha nreferentlal vote. We ex pect to carry the Oght to the conven tion floor." TORNADO KILLS THREE AND WRECKS TOWNS ntfT.AHOMA CITT, Okla, April 27 Three persona were killed and property valued at $100,000 was wrecked at the town of Calumet, Kk iahnm br a tornado which swept through several countlea In Western Oklahoma late today. Half of the nttia town of Rocky waa blown away and the village of Blair also waa aam aged. Several persona wero Injured at Rocky. MANY NAMES ARE WRITTEN ON BALLOT8 AT RECENT PRIMARY COLONEL URCED FOR SECOND PLACE Brownell, Hedges, Dye, Samson, Eby, Cooke, Latourette And Draper Among Those Honored That William Jennings Bryan still has admirers among the Democrats of Clackamas County was proved at the recent primary when two votes were citt for him for the nomination ror President, and five for vice-president Senator Chamberlain obtained 46 vote for the Democratic nomina tion for Vice-President Governor West one, Champ Clsrk two, John Borah one and Jooeph W. Folk one. Will iam It. King was honored with three votes for the nomination for Justice of the Supreme Court, and the follow ing received one each: J. E. Hedges, F. A. Moore, T. A. McBride, W. W. H. Samson. O. D. Eby, John Van Zandt Woodson Slater and J. J. Cooke. The lollowlng names were written in for the Republican nomination for President: Grant Thomas, one; L. E. Peper, one; William Hawley, two; Notlngham, one; E. V. Carter, 2; Thomas McCusker, four; C. H. Dye, one; T. H. Case, three and McKinley Mltche.l three. La Follette received 10 votes for vice-president; ex-sena tor Beveridge, two; George E. Cham berlain, four,- Thomas McCuster, six; Theodore Roosevelt five; George C. Brownei;. one and C. W. Fairbanks one. The lollowlng are some of the other names written in: Justice Supreme Court, (Demo crats.) J. E. Hedges, 1; F. A. Moore, 1; T. A McBride, 1; W. W. H. Sam son, l; U. V. toy, i; jonn van&ani, 1; Woodson Slater, 1; Will R. King, 3; J. J. Cooke, 1. Congress, (Democratc.) O. D. Eby, 2; W. C. Hawley. 1; O. P. Coshow, l; Oswald West 1; David Caufield, 1; Geo. Shepherd, 1; R. G. Smith, 5; C. W. Talmage, 2; C. W. Kelly: 1; J. E. Hedges, 3; A. W. Lafferty, 1; M. D Latourette, 1. Secretary of State. Ben Olcott 3 Vice-President, (Democrats.) Geo. E. Chamberlan, 46; James Downey, 1: Oswald West 1; Champ Clark, 2 J. E. Hedges. 1; W. J. Bryan, 6; J. R. Williams, 1; L. G. Ice, 1; John Burke, (Continued on page 4) MRS. GRIFFITH SLAIN BY BROTH ERS, IS VERDICT OF BENTON COUNTY JURY SENTENCE IS TO BE GIVEN FRIDAY Panel Out Four Hours Considering Case Defendants Hear Verdict Without Changing Expreaaion CORVALLIS, Or., May 1. That George and Charles Humphrys are guilty ot murder in the first degree as the result of killing Mrs. Eliza Griffith almost a year ago was the ver dict of the jury rendered at 4:15 o'clock this afternoon. Judge Hamilton then dismissed the jury and announced that he would impose sentence at 10 o'clock next Friday morning. The case went to the jury shortly after 12 o'clock noon. The Jurymen then went to lunch and It was nearly 2 o'clock when they began their de liberations. The Humphrys case Is Benton coun ty's third trial for murder committed within the present limita of the coun ty. The first was In 1860, resulting in the hanging of Philip George for the killing of John Clarke. The sec ond was 1884, when Asa Burbank was charged with the murder of T. J. Den nis in Alsea Valey. Burbank was acquitted and Is living in Polk coun ty. The murder of Mrs. Eliza Griffith at her farm home near Philomath June 2. 1911. aroused widespread Indig nant Interest Mrs. Grfflth was living alone, as her children were grown, the daughter married and living in Portland George, the son, being nec essarily away most of the time at his work. On the day of the murder Mrs. Grif fith had completed the sale of her homestead farm, receiving $1000 cash, which she deposited, less the commis sion, in the Philomath bank, taking mortgage on the place for ijouu, me remainder of the nurchase price. She had arranged to leave for Portland in a few days to make her home with one of her daughters. That she had consummated the sale waa generally known among her neighbors, aa was ber habit, of keeping money in tne house. 2 Arrested For Fighting C. E. Rohl and Jesse Loveland were arrested Saturday night by C. E. Burns on a charge of fighting in a hotel, lha men were held in bonds of $20 each which they gave. HUMPHRYS GUILTY OF KILLING WOMAN LOUIS WHITLOCK, FORMERLY OF OREGON CITY, KILLS MRS BELLAIR SLAYER PLEADS SELF-DEFENSE Uncle, Who Adopted Boy, Was Coun ty Clerk Here About Fifteen Yeara Ago Lad la Defiant Louis Whltlock, eighteen yeara of age, who shot and killed Mrs. Marg aret Bellalr In Portland Friday be cause she objected to his marrying ber fifteen-year-old daughter, Harriet formerly lived in Oregon City. He was adopted when a small boy by his uncle, W. T. Whltlock, ex-county clerk o! Clackamas county. Mr. Whlt lock moved to Portland about fifteen years ago. Ho is a member of a prominent pioneer family. The youth went to the apartments occupied by Mrs. Bellalr at 432 Stark Street and fired five shots at her, killing ber in stantly. Whltlock then rushed with the smok ing revolver still in his hands into the street, where he ran into the arms of Julius Knispel and Sara Mandich, who held him until the arrival of the po lice. The shots attracted the attention of Mn. L. Gregory, the landlady at the houee, and it was her screams of "Mulder, he has killed her,' that attracted Mandich and Knispel. Police headquarters were notified. Detectives Swenness and Maloney were rushed to the scene. Whltlock was turned over to Captain Moore and taken to detective headquarters, while Swenness and Maloney took charge of the woman's remains. Although the boy goes under the name of Lew Whitlock, he la the Btep-brotber of Albert Lewis, the hus band of Mrs. Bellair's oldest daughter May. The youngest daughter, Gladys was in the house when the shota were Bret and was the first to reach her mother. As soon as possible after the shooting, Harriet, who la em ployed In the auditing department at Meier & Frank's was sumoned to her home where she strongly denounced her suitor. Albert Lewis the wom an's soa-in-law, waa in jail recently on complaint of his wife for abusing their young baby. Mrs. Bellalr owned an interest In the B. & B. Dye Works at 425 Stark Street Mandich was talking to Knispel, who drives a dye works wagon, about a suit when the slayer, after firing the fatal shots, fled from the house. Mrs. Bellalr was a widow, forty-two years of age, and had lived in Port land for several years. Three daught ers, Mrs. May Lewis, Harriet fifteen years old. Gladys eleven years old, and one son, Harry, survive her. At the police Btatlon Whltlock said that his real name was Lew Torblt 'T am pround of what I have done, not especially for my sake but on account of the girls," said young Whitlock. at the city jaiL "Let the law takes Its course, I am willing, he added, cooly refilling his pipe which he smoked incessantly follow ing his arrest '1 was attacked by the woman who had a butcher knife. I feel that my act was justified." Young Whltlock purchased the re volver at a store at First and Madi son streets. He said he bought the weapon before he visited the home, because she had a temper and knew would not hesitate to harm me." Whitlock Is e teamster and a fruit packer. His real name is Lou Torbit He and his brother were left orphans Lou was adopted by his uncle, W. T. Whltlock, of Berkeley, near boutn Portland, when he was two weeks old and took the name of Whitlock. His brother was adopted by their grand mother. Mrs. Rose Louis, and was named Albert Louis. He is a son-in- law of the woman whom Whltlock killed. U. 8. SUES TO UP HARVESTER TRUST WASHINGTON, April 29. The de partment of Justice announced today that a suit to dissolve the Interna tional Harvester company would be filed tomorrow In the United States court at St Paul, Minn. President Taft and Attorney Gen eral Wlckersham, it is stated, decided at a coherence held here yesterday to file the action against the "har vester trust" The first government investigation of the harvester combination took place In 1907, while Theodore Roose velt was president The evidence was worked up by W. B. Townsend, special government prosecutor, who Is well known in Oregon for cases he has handled there. It was by Presi dent Roosevelt's order, it haa been declared, that the prosecution of the harvestor trust was not carried on at that time. The harvester trust was the result of action of the McCormick harvest er company about 1902 in combining with largest manufacturers of farm machinery In the country. Relentless competition with firms not taken In to the combine drove most ot them from the field. The combine would not handle its goods through dealers, but establish ed agencies In the princlpul cities. These agents were compeled to main tain a certain fixed price. This Is the first time the case wiu have come Into the courts. ALBRIGHT AND STORY SAY THEY HAD RIGHT TO USE NETS APRIL GRAND JURY TO ACT TODAY Attorney For Defendants Says Clients Will Win Test Case Law Is Quoted Declaring that they fished with neta for salmon In violation of the ruling of the Fish and Game Commission In order to test the order, John F. Albright and Nick Story, said Mon day they were confident they would be acquitted. They were arrested Saturday night by Deputy Fish Ward ens A. S. Noonan and R. Sandstrom, while fishing below the suspension bridge. Their tackle, boats and fish were not confiscated. "We consulted one of the best law yers in the county before we decided to violate the order," said Mr. Albright "The Grand Jury will probably Indict us tomorrow and we shall plead not guilty. The trial will be the test of the order. We contend that we bad as much right to use nets aa other flBhermen bad to use lines. The law provides for 3 closed river to all kinds of fishing from March 15 to April 15. but the board arbitrarily closed the river to net fishing from March 1 to May 1, but held that fishing with lines would be legal during that time. We con tend, first that the board had no right to make the order and that we did not violate the law for we were arrested April 27 when the law spe cifically says that the river shall be open after April 15. 'The salmon Industry means at least $100,000 to Oregon City and Clackamas County annually, and It is our intention to see if the board can make orders despite the reading of the statute. Thousands of dollars worth of fish have been caught since the order became effective with hook and line. Most of these fish were sold to dealers, and the fishing being upon a commercial basis, there Is no reason why nets cannot be used, es pecially when the law la so plain upon the subject" J. E. Hedges, who represents Al bright and Story, said hia client! de sired to test the law, and he was con fident they woud win. He said the law was plain and it had not been violated. The following is the section upon which the fishermen hope to escape: 'The board of Fish Commissioners is authorized by this act to propa gate the stock in the various water and streams of this state with sal mon, sturgeon, trout or other food fishes not inimical to or destructive of salmon, and for the purpose oi protecting the same, they are hereby authorized to close any stream or any designated portion thereof in this state frequented by salmon or any stream which they have stocked and prevent any person taking or fishing for or catching any salmon or food fishes therein. Should the Board ot Fish Commissioners desire to close any stream or designated por tion thereof frequented by salmon or any stream or any designated portion thereof which they have stocked with good fish, they shall cause notice thereof to be filed in the office of the county clerk In each county in which such stream or designated portion thereof lies, and shall publlch such notice in some public newspaper pub lished at the county seat in such coun ty or counties for four successive weeks. Such notice shall designate as nearly as practicable the streamB or designated portions thereof to be closed, and shall state that on and after a date therein stated it will be unlawful to fish (for) or take or catch any salmon or other food flBhes therein (which date shall not be less than 30 days from the date of the first publication.) and shall cause like no tices to be published for such times in three conspicuous places on the banks of such streams or designated portion thereof. "Upon the completion of the publi cation of such notice, the same, with proof of the publication and posting thereof, shall be filed with the origi nal notice ot the county clerk, and it shall be unlawful at any time after the expiration ot the date specified In said notice for any person to fish for, catch, or take any salmon, or any food fishes stocked therein until no tice shall be filed and likewise pub iiahd bv the Board of Fish Commis sions of the opening of such stream or designated portion therof to the public for fishing." GOTO PENITENTIARY OLYMPIA. Wash., April 26. The Supreme court today denied a peti tion for rehearing of the caae ot Char lea W. Wappensteln, former Chief ot Police, of Seatle, convicted of accept ing a bribe and sentenced to serve from three to ten years in the State Penitentiary. This ends the litiga tion and meana that Wappenstein must ei to the penitentiary. Wannensteln was the central figure in the two years of turmoil that end ed with the election of George F. Cot terill as Mayor of Seattle last month, and the defeat of Hiram C. GllL Wap penstein was Chief of Police under GUL who was recalled because of Wapensielns admimatrauon oi " police. The Indictment nnaer wnica Wappenatein was convicted charged hot ha rcented a bribe of $100 from Gideon Truper and Clarence Cerald. Wapenitetn is related to prominent families In Cincinnati and Seattle.