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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Nov. 19, 1903)
turn A JMPW rms VOL. XLIII. 2vT0. 13,398. PORTLAND, OREGON, THURSDAY, NOVEMBER 19, 1903. PRICE FIVE CENTS. Jwrwiw jjr fyJw We arc headquarters for all RUBBER GOODYEAR RUBBER COMPANY R. H. PEASE. 73 AND 75 FIRST STREET. The Latest Photographic Magazines THE PHOTO MINIATURE OEI AERIAL PHOTOGRAPHY No. 52 ZOC CAMERA CRAFT 0r (November Number) ArClv BLUMAUER-FRANK DRUG CO. 142-146 FOURTH STREET SHAW'S PURE BLUMAUER & HOCHI 108 and 110 Fourth Street Sole Distributers lor Oregon and Washington. HOTEL PERKINS Fifth and Washington Streets EUROPEAN PLAN Rooms, f 1.00 to 93.00 Per Day According to Location. J. F. DAVIES, Pres. St. Charles Hotel CO. (INCORPORATED.) FRONT AND MORRISON STREETS PORTLAND, OREGON European Plan Rooms 50c to $1.50 First-Class Restaurant In Connection SMITH & WATSON IRON WORK If you are buying SAW MILL AND ROWER TRANS MISSION MACHINERY OR LOQQ1INQ ENQINES Call on us. Perhaps we can Interest you. Estimates furnished on all Iron "work. Office and Works: Front and Hall Streets, PORTLAND, OREGON Jkmark THE STANDARD W. G. McPHERSON COMPANY, Portland, Oregon, U. S. A. BALTES PRINTING ALWAYS THE BEST Prices No Higher Than the Other Kind . TELEPHONE US MAIN 165 New Works and Office, FIRST and OAK Gnudelafor HARNESS FITS THE HORSE And a well-dressed horse means, satisfaction to every one. Studebaker Bros. Co. Northwest National Grange Elects Officers. ROCHCESTER, N. Y.. Nov. 18. The National Grange today elected officers as follows: Aaron Jones, of Indiana, Na tional "Worthy Master; J. N. Newcomb. Golden. Colo., Steward; Treasurer, Eva S. McDowell, Rome, N. T.; Secretary. C. M. Freeman, Washington, D. C; Gate keopor. B. O. Patterson, Conn.; Ceres, Mrs. Oliver Wller. Magnolia, 111.; Pomona, Mrs. E. M. Derby, Delaware; Flora, Mrs. Ralne, Montlcello, Mo.; Lady Assistant Steward. Mrs. Laura Rapp, California; Members of the Executive Committee, O. J. Bell, O. J, Hardwick. Vermont. The convention adopted a resolution In dorsing woman suffrage. kinds of Rubber Goeds. CLOTHING, BOOTS and SHOES Druggists' and Stationery Supplies BELTING, PACKING and HOSE President. PORTLAND, OR. America's ORIGINAL MALT WHISKY Without a Rival Today MALT PORTLAND, OREGON Firat - Cleuts Checlc Bcatasr&nt Connected "Witli Hotel. O. O. Davis, Sec. and Treas. THE ESMOND HOTEL OSCAR AKDEfiSQX, Hanger Front and Morrison Streets PORTLAND - OREGON FREE 'BUB TO AND 3THOM ALT, TRAINS. Rate European plan, 50c, 75c, $1.00, 51-00, fZOO per day. Sampls rooms la connection. WARM AIR FURNACES Heating, Ventilating and Drying Engineers. I Cause of Activity of Italy. ROME, Nov. IS. The departure from New Orleans of the Duke of Abruzzl on j the Italian cculsej Llgurla, bound for J Santo Domingo, while being caused by uie xjommican revoiuuon, is connected also with the trouble between Santo Do mingo and Italy concerning the indem nity due to Italian residents. About three months ago, Oreste Savlnl, the Italian Consul-General at Havana, went to Santo Domingo and made an agreement with the Dlminican government under the terms of which the indemnity was to be paid. The Dominican government, how ever, has failed to fulfill the agreement. NEWTREATY Panama's Minister and Hay Make Terms. CANAL TERMS ARE LIBERAL No Time Will Be Lost in Rati fying Them. NO DISPUTE ON ANY POINT President Roosevelt Will Not Send the Document to the Senate Until Present Work Ip Out of Way. --r POINTS OF THE TREATY. Following are tho concessions Panama will moke to the United States: A perpetual leas of the right of way. Right to exercise tho roost complete jurisdiction over the canal strip la given. May fortify the line and terminals, and may police It with troops. Terminal cities of Panama and Colon pass completely under United States Jurisdiction. Money consideration Is tho same, but Panama, Instead of Colombia, Is to receive the $10,000,000. Canal is to be neutral, ad open tto .all nations on even terms. WASHINGTON, Nov. IS. Secretary Hay and M. Phlllppe-Buna-VarlUa, the Min ister of Panama, at 6 o'clock this evening, signed tho Hay-Buna-Varilla treaty, pro viding for the construction of the Panama canal by the United States. The ceremony occurred In Secretary Hay's study The Panama Minister arrived at Mr. Hay's bouse promptly at 6 o'clock, having made an appointment with tho Secretary for a conference at that hour. He was sur prised to find that the Secretary had be fore him tho treaty engrossed In duplicate. Tho Secretary Informed M. Buna-Varllla that he was ready to sSgii the treaty. Tho Minister read the document carefully, and then he and Secretary Hay attached their signatures to It Exchange Hearty Congratulations. Hearty congratulations were exchanged, and It was agreed that the news of the signing of the treaty should be kept from the public for the present. President Roosevelt was advised of the signing, and M. Buna-Varllla sent a confidential ca blegram to his government stating the treaty had been signed. No time will be lost by Panama In rati fying the new treaty. Whether the rati fication will bo made by the government at Panama, or whether the commission which arrived here tonight will be cabled power to ratify it, has not yet been deter mined. The exchange of ratifications will occur In Washington. The Secretary and Minister refused to comment on the ceremony. The only offi cial admission that can be had Is that tho matters of tho terms of the treaty are practically settled. The treaty In its text cannot be made public at this moment for two reasons: First Because of the unwritten law which obliges the State Department to await the pleasure of the Senate In this matter of publicity. Second Because tho President has not yet determined when the convention shall bo submitted to the Senate for ratification. His present purpose Is to withhold It until there Is reasonable assurance that its con sideration will not obstruct any of the legislation for which the present special session of Congress has been called. Substance of the Treaty. Although the treaty has not been made public the Associated Press Is enabled to give the substance of the document. It consists of between 22 and 25 articles, but the main points of the convention are con tained In tho first six articles. The keynote of the treaty Is the pro vision in one of tho very first articles by which Panama cedes to the United States whatever land or lands in the Republic of Panama, this Government shall find desirable In connection with the building or the operation and maintenance of the canal. In addition, the treaty gives to the United States abundant sovereignty over the canal trip, which, it is understood, comprises between eight and ten miles on each side of the canal. Within this zone, the power of the United States is as ab solute as If the zone were part and parcel of this country. " In general, it may be said that while the new treaty contains many of the provi sions of the rejected Hay-Herran treaty. It is not based on that convention, but fol- lows not only the spirit, but the letter of the Spooner act. Thus, Instead of the" lease for a fixed period of the canal strip, this new treaty provides for a perpetual grant of the right of way to the United States, and instead of a complicated pro- vision for courts of fixed composition, half American and half Colombian, to admin ister Justice over the canal strip, the new treaty permits this Government to exercise the most complete jurisdiction thereon. Can Fortify Terminals. permission also Is given the United States to fortify the line and the' termi nals, and it may police it with troops. That portion of the treaty dwelling with the fortification of the terminals Is rather general, but sufficiently explicit not to be misunderstood. The Cities of Panama and Colon retain l.thelr municipal autonomy under the Re public of Panama so long as they main- J tain public order and sanitary conditions N to the satisfaction of the United States. Failure to do this gives tho United States, according to the treaty, the right to force strict compliance with the wishes of this Government In this direction, and the United States can even use force to com pel obedience to Its rules as to public order and public health In these cities. The money consideration 13 the same In the new treaty as In the Hay-Herran con vention, with the exception that the $10, 000,000 go to Panama Instead of to Colom bia. The treaty further provides tha't the canal Is to be neutral and open to all na tions on even terms. Two-thirds of the treaty concerns de tails of administration, which, while not necessary to the efficacy of tha conven tion, will, It Is believed, commend the new treaty t6 many members of the Senate who have picked flaws in the defunct Hay Herran convention. Secretary Hay had a conference with the Panama Minister late last night, and the general terms of the treaty were agreed upon. Help Him Decide on Form of Treaty. Secretary Hay was at first somewhat un decided as to whether the treaty should be an amended form of tho Hay-Herran con vention or an entirely new paper. This point was decided at a luncheon at the Secretary's house today, at which were present Secretary Root, Attorney-General Knox and a number of leading Senators. Their unanimous opinion was that an en tirely new treaty would be the more favor ably received by tho Senate. After lunch, a slight change In tho orig inal draft of the treaty was made. Secre tary Hay went to tho State Department at 4 o'clock, and after the convention had been engrossed and the necessary arrange ments completed for signing It he returned to his residence with the treaty In dupli cate, there to await the arrival of the Panama Minister. Tho contention of the Washington Gov ernment that the capital of tho new repub lic be not located In either Panama or Colon was not pressed by Secretary Hay when he found that the Panama govern ment was earnestly opposed to it, and tho treaty makes no such provision. This, however, Is not regarded by the Secretary as a vital point, In view of tho extensive rights which the United States has throughout tho canal strip, and Its espe cially wide jurisdiction at the terminal cities. This Is the only point In the nego tiations which caused the expression of a difference of opinion. Commissioners Reach C pital. WASHINGTON, Nov. IS. The Panama commissioners, Frederick Boyd and Dr. M. Amador, arrived here shortly before midnight from New York. They were met by M. Bunau-Varilla, the Panama Minister, who explained to them the pro visions of the new canal treaty signed tonight. The commissioners expressed their satisfaction with the convention. LONDON IS ASTONISHED. Belief Is General ThafColombla Will Bow to the inevitably. LONDON, Nov. 19. Astonishment was caused here by the signing of a Panama canal treaty In Washington. Such a speedy conclusion of the treaty was un expected. The news of the signing of the treaty came too late to cause an exten sive newspaper comment, and several of the morning papers appear without even the bare announcement of the event. Such a solution, however, has been re garded as a foregone conclusion, and there Is not a single expression of doubt as to the ratification of the treaty by (Concluded on Page 7.) COiNTENTS OF TODAY'S PAPER. Congress. President Roosevelt will urge an appropriation of $2,125,0CO for the 1005 Pair in his mes sage. Page 1. Fordney of Michigan, scores tho sugar-trust lobby in speech opposing tha Cuban bllL Page 2. Democrats make popular protests against Sen ator Smoot an Issue. Page 1. .Foreign. King Edward gives a "state dinner In, honor of Italian, ruler. Pace 3. Rebels fire on Santo Domingo, but,, are re pulsed. Page 3. National. Extenslvo timber land frauds are reported in Idaho. Page 4. First Assistant Postmaster-General "Wynne urges clerk-hire allowance for third-class postofflccs. Page 4. Panama. Minister at Washington signs treaty for canal with United States. Pace 1. Canal concessions are liberal, but Panama will lose no time In ratifying them. Page 7. Colombia may get part of price for canal right of way. Page 7. Two prosperous Colombltui departments deslra to Joint the new republic. Page 7. Domestic. President Cleveland Is likely to be arrested for violating .Virginia game laws. Page 3. Prospects of Chicago ofllcials ending street railway strike are not promising. Page 6. Colorado asks that regulars be sent to Tellu- ridc camp, so mines can start up with non union men. Page C. Denver priest fights duel over card gam, and Is fatally wounded. Page 3. 'Sports. Upsets are the rule In Oakland races, and Judges Investigate victory of Meehanua. Page 7. Scores of Pacific Coast League: San Francisco 0. Sacramento 3; Los Angeles 3. Portland 3. Page 7. Paclfla Coast. Governor Chamberlain repeats that he will not call extra session unless majority of Legis lators give pledge. Page 5. Plucky woman saves train from wreck near Spokane. Page 4. Wheat crop of Interior confirms The Orego- nlan's estimate". Pago 5. Vancouver city election will be fought on liquor lacue. Pose 4. Commercial and Marine. Review of local produce and Jobbing market. Page 15. December wheat advances sharply at Chicago. Page 15. Upward movement of stocks at New York. Page 15. y Test of dredge Chinook prevented by rough weather. Page 5. British ship Ancalos chartered to load flour at Portland. Pace 5. Gasoline steamer Jessie Harklns launched. Pace 0. . Portland and Vicinity. Malcolm A. Moody Is acquitted. Page 1. Councllraen resent A. F. Flegel's charges of dishonesty. Page 10. , Council '$ concerned over financial situation, but hopeful over extra session. Page 10. Rev. H. "D. Chambers resigns as pastor of Good Shepherd Episcopal Church to get $315 back pay. Page 12. Council revokes licenses of "big .mitt" shoot ing galleries. Page 10. Bar Association adjourns Its 13th annual se&slon. Page 10. T. Vf. Parker Issues more forged checks and eludes police. Page 11. , mm. fi Roosevelt Will Speak for '05 Exposition. MENTION IN HIS MESSAGE Congress Will Be Urged to Give $2,125,000. LEADERS A LITTLE OFFISH Senator Mitchell Is Asked Not" to Make a Request for Indorse ment, but Cannot Be Swayed. OREGONIAN NEWS BUREAU, Wash ington, Nov. 18. President Roosevelt to day told Senator Mitchell he would bo glad In his forthcoming message to Con gress to commend the bills now pending In Congress calling for an appropriation of $2,125,000 for the Lewis and Clark Exposi tion. Senator Mitchell called at the White House this morning to present the Joint letter of the delegation asking the Presi dent to make mention of the Exposition In his message. He said, however, he would be obliged to do so over a protest from a certain quarter, which he would not name, but which Is supposed to be tho Republi can leaders of the House. Senator Mitchell thanked the President for tho Indorsement which he will make and assured him favorable mention In his message would do much to lighten the burden of the Oregon delegation, and at the samo time be very gratifying to the people of Oregon, who are expecting a liberal appropriation. SAYS HE CAN CLEAR HIMSELF. Attorney Grlgsby, of Alaska, Confers With Department of Justice. OREGONIAN NEWS BUREAU, Wash ington, Nov. IS. District Attorney Grlgs by, of the Nome district, Alaska, had a conference with officials of tho Depart ment of Justice today concerning charges lodged against him, and subsequently In vestigated by special agents of tho de partment. While he confidently asserts he will readily clear himself, the findings of special agents are not In Grlgsby's favor, and indicate that there is more of a case against him than the original charge that he was absent from his post of duty without authority. It Is alleged In the charges against him that his relations with certain business Interests were such as to make It im proper for him to continue to hold office, and It is also alleged tha't ho has been derelict in the prosecution of certain cases that were brought under his Jurisdiction. While It is not known what the decision of the Attorney-General will be, It Is believed that Grlgsby will be relieved. He halls from South Dakota and has tha backing of the delegation from that state, who will probably Intercede In his behalf when his case goe3 to the President. ASSIGNMENT FOR MITCHELL. Oregon Senator Is to Go on the Com mittee on Judiciary. OREGONIAN NEWS BUREAU, Wash ington, Nov. 18. It Is reported today that Senator Mitchell, In addition to the com mitteeships he now holds, will be assigned to the committee on Judiciary, retaining his chairmanship of coast defenses and his place on Interoceanic canals, which will ...' IN COMMAND OF AMERICAN FORCES AT PANAMA KEAK-ADMTRAI. HENRY GI.ASS. Rear-Admiral Henry Glass, now Jn command of the American forces at Panama, .has a distinguished record as a fighting sailor. He served throughout the Civil "War In a brilliant manner, and during the Spanish "War convoyed the first division of troops to Manila, and incidentally captured the Ladrone Islands. Admiral Glass, who was appointed to the Navy from Illinois In 1SC0, is a member of various mili tary and naval orders, and received hi appointment as Rear-Admiral In 1001. He was born In Kentucky, January t- iS4. A volume on marine International law was written by him in 1SS3. consider tho new Panama treaty. He will I aaso remain on the committee on. Pacific Islands, that will consider hl3 Hawaiian report and pending- bills, as well as on the committee on postofflces. LISTEN TO VOICE OF PEOPLE. Washington Men For the Cuban BUI, Against Own Judgment. OREGONIAN NEWS BUREAU, Wash ington, Nov. 18. In response to a number of Inquiries, from his constituents as to his attitude toward the Cuban bill, now pending In the House, Representative Jones today issued the following state ment: "Personally, I am strongly opposed to this measure. I opposed it at the last session of Congress, and the objections to the bill are even stronger today than at that time. However, the Republicans of Washington in their convention last year adopted this provision in their platform: Wo Indorse the foreign and domestic policy of President Roosevelt, and Instruct our delega tion In Congress to support tho. same. "This provision was put In directly In view i of the Cuban matter. The people Indorsed It by a big majority, and I feel compelled, as tho representative of the people, to express the wish of the people, not my own personal opinion and Judg ment, and vote for the motion." It 13 known, by the way, that every member of the Washington delegation takes the same position as Mr. Jones toward tho Cuban reciprocity treaty, and the pending bill putting It In force. They are convinced that the Importance of tho beet-sugar industry of their state 13 such as to Justify them In opposing tho reci procity proposition. .They maintain that the beet-sugar Industry generally will be Injured by tho enforcement of the treaty and believe this Government Is not called upon to extend to Cuba any concession on its sugar, especially when such concession will react to the detriment of a promising home industry, but recently established In their own and other states. However, In view of the expressed will of the Re publicans of the state the delegation will vote solid for the pending legislation, al though under protest. MAY MAKE SMOOT AN ISSUE. Democratic Senators, as a Rule, Are Against the Utahan. OREGONTAN NEWS BUREAU, Wash- J Ington, Nov. IS. Democrats of the Senate j are, as a rule, lining up against Senator amooc it is not ciear yet mat tne pro tests against the Utah Senator will be made a party question on that side of the Chamber, but such a result is not alto gether improbable, as the case may be come more serious than It has generally been regarded. There ore a few Republican Senators who aro Inclined to view the charges as worthy of the most careful investigation. FORBIDS CATHOLICS TO GO. Priest PfaceS School of Miss-Helen M. Gould Under a Ban. TARRYTOWN, N. Y., Nov. 18. Rev. T. J. Early, rector of the Catholic Church at Irvlngton, has forbidden the children of Catholic parents In his parish to attend the sewing school which, for years, has been maintained by Miss Helen M. Gould. About 300 children attend tho school. Father Early'3 first objection was made when some of the Catholic children at tended a luncheon given by Miss Gould on Friday. At this luncheon, meat was served and the Catholic children partook of It, unmindful of the day. A3 soon as Father Early learned of this, he put the school under a ban. Since then, there has been some correspondence between the priest and Miss Gould. Another thing the priest objected "to was that a hymn was sung at the open ing of the affair. In her reply to that complaint Miss Gould told him It ha3 been her wish to have the dally sessions of tho class opened by readings from the Scriptures, but out of deferenco to the Roman Catholic children she had re frained from having this done. In tho future, her original wish would bo car ried out. The sewing school has been in exlst enco since Miss Gould was a young girl, when she taught sewing to the daugh ters of the men employed upon her father's place. The Instruction ranges from a kindergarten department to tho making of shirtwaists, suits and simple dresses. iiirTT-'"'7 M.AJODYWNS Jury Returns Verdict of Not Guilty. ORDERED BY THE JUDGE No Evidence to Show Any Illegal Act. SIGNAL VICTORY FOR DEFENSE Mr. Moody Receives Congratulations and Expresses Satisfaction at Un covering of Malice of Per sonal Enemies, y . r. . . . .... ---TTTtITIII a"i MAXCOL3 A. MOODY, EXONER ATED. THE JUDGE In the whole caso there is nothing tending to show an unlaw ful design on the part of the defend ant In respect to any of tho matters with which he stands charged. "Will some one write out a verdict of ac quittal Immediately? THE VERDICT We. tho Jurors In tha case of the United" States vs. Malcolm A Moody, find tho defendant not guilty. ION LEWIS. MR. MOODY Of course, the notoriety of this baseless accusation has been mortifying to me, as It would be to any self-respecting man. I have never had any apprehension of tho result when I could get my case in open court and meet tho slanderers face to face. The evidence disclosed what I predicted that the charge was the result of malice of personal enemies, who used the woman as an Instru ment, themselves remaining under hi?' am satisfied. ...o .-- A Ex-Representative Malcolm. A. Moody Is acquitted and exonerated. Before tho hearing of the case was completed, Judge Bellinger ordered that a verdict of ac quittal bo returned. After listening to a brief argument on tho essential points In tho action, tho Judge expressed the con viction that there was no evidence to show that Mr. Moody was guilty of any Illegal act in the transaction through which he was alleged to have embezzled and opened a letter belonging to Mrs. Margaret L. Conroy. Without permitting the case to proceed any further, he took tho matter in his own hands, commanded the verdict be prepared Immediately, and ordered a Juror to sign it for the Jury. Before ordering the case disposed of In tJIs manner, tho Judgo took occasion to pick to pieces the chain of evidence that the prosecution had attempted to prove "by inference," and stated that no -evidence had been brought out to show that there was any Illegal design back of any act Mr. Moody had performed relative to the transaction Involved. Second Count Invalid. The caso received a severe blow yester- day morning when Judge Bellinger an nounced that upon further consideration he had decided that the second count of the indictment was erroneous and invalid. This count, ho stated, charged two of fenses that were not Included under tho statutes upon which the count was based, and as a result that count would have to be omitted. This left but one count, tho first one, charging that Mr. Moody took from tho postofflce at The Dalles a letter addressed to Mrs. Conroy, with the intent to ob struct her correspondence and to pry Into her business secrets. Tho Judge held that tho prosecutloa could not use alleged acts and designs arising subsequent to the act of tamns the letter from the postofficc. To provo that It had been taken with the design alleged In tho complaint- Ho held that all of the lettera taken at tho timo tho Conroy document was secured must have been taken with the samo purpose in view, and that the evidence, Instead of showing that they had been secured with the Intent to obstruct correspondence, showed that they had been taken for tha opposite purpose. No Evidence Letter Was Opened. It was also held by the Judge that tha evidence by which tho prosecution sought to prove that Mr. Moody had opened any letter of Mrs. Conroy's and had taken a receipt from it was by inference, and such weak inference that It was not worthy of consideration as evidence. Ho also informed the District Attorney that his argument In support of a contention that subsequent acts established the de sign of prior acts was far-fetched, to say the least. The Judge pointed out that such an argument was but an effort to make the Incentive of subsequent acts ex post facto In its effect upon prior acts. It was for these reasons that an acquit tal was ordered without delay and witiiout giving the Jury a chance to consider the case. Tho result of the case was not unexpect ed to many of those who had been follow ing the testimony closely, and recognized the state of affairs. Possibly the majority did' not expect it to end as It did, but there was apparently little doubt as to what the Jury would have done, had the case been given to It. Signal Victory for Mr. Moody. The acquittal Is a signal victory for Mr. Moody over those whose malice and per sonal spite Is alleged to have been at the bottom, of the affairs leading up to the prosecution. When the case was called in court yes terday morning Judge Bellinger took occa sion to reverse a decision made the day before, permitting the second count of the Indictment to stand. This count accused the defendant with having taken "a letter from the postofflce," and with having taken "a letter that had been in the post office." In his first decision the Judge held that the two clauses referred to ono alleged crime. Yesterday he changed hl3 decision and held that two crimes were charged, according to the construction of the court, and as a consequence that por tion of the indictment was Invalid. It was (Concluded on Pago H.)