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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Feb. 21, 1905)
THE MORNING OREGONIAN, TUESDAY. FEBRUAEY 21, 190o.
Supreme Court Affirms, Mur
der Case on Appeal.
DECISION IS VERY CLOSE
Deputy District Attorney's Right to
Sign His Chief's Name tq an In
formation Was the Question
on Vhich -Case Hinged.
Where a. Deputy District Attorney ex
amines witnesses in a criminal proceed
ing and flies an information to widen
he elsns the name of the District At
torney, the Information Is legal if the
District Attorney ratines the act of his
deputy by requiring- the defendant to
plead and 6 land trial.
Whether such an Information would
b invalid If not so ratifltd. Is not ex
pressly decided. .
SALEM. Or.. Fob. 20. (Special.) Gugll
elmo must hang for the murder of Freda
Guarascla, his sweetheart, In Portland
past June. This the Supreme Court de
tided today In affirming the case appealed
to that tribunal. Gugllelmo will now have
2y days to file a petition for rehearing and
after that petition has been disposed of,
ir filed, the mandate will be sent to the
Circuit Court, where the defendant will
be resentenced and brought to the peni
tentiary to be hanged.
It was upon the question whether a
deputy District Attorney has authority to
Jlnd informations and sign the District
Attorney's name thereto that this case
came to the Supreme Court, and although
the case Is affirmed, the language of the
decision points out quite plainly that
greater care is necessary In cases of this
The question was close, very close, and
apparently the only thing that prevented
Gugllelmo securing a reversal was the
fact that the District Attorney was pres
ent when Gugllelmo pleaded to the infor
mation, thereby ratifying the act of the
deputy. This is the second time a close
question has arisen upon an Information,
the other case being that of State vs.
Beldlng, where the District Attorney did
sot sign his name, but used a blank upon
r.hich his name had been printed. In
both these cases the ratification or adop
tion of tho signature was all that saved
the state's case.
Section 9, of article 1. of the constitu-
Xion. prohibits the issuing of warrants
lor the arrest of any -person except upon
probable cause, "supported by oath or
affirmation." The Information against
Gugllelmo was prepared by a deputy Dis
trict Attorney, who examined the wit
nesses and signed the name of the Dis
trict Attorney to the paper. The infor
mation was sworn to by no one. and the
question presented for consideration was
whether Gugllelmo- had been legally
charged with crime. Judge Clclnnd over
ruled the motion to quash the Information
and on appeal to the Supreme Court the
decision is upheld In an opinion written
by Justice F. A. Moore.
The opinion is an exhaustive discussion
of the manner of bringing charges against
persons suspected of criminal acts, and
review., .the procedure, from' Its origin In
the English common law. It is shown
that under the common law an Indictment
"was found upon the oath of 12 men, but
under our statutes the grand jury is
sworn before entering upon its duties,
and no oath of the grand jury is required
in the form of indictment. .
At common law the Attorney-General
was invested with discretionary power of
Ullng information, and In this county, Jn
the absence of statutory regulations, this
power devolves upon the .District Attor
neys, who arc entitled to prosecute per
sons by information not necessarily sup
ported by affidavit. Concerning the pro
cedure In this state, under statutory regu
lations, the opinion says:
The bill of rights of this state dora not
demand that the oath or affirmation sus
taining the probable cause shall be reduced
to writing, nor does our statute require an
Information to .be verified, and In the ab
nce of any enactment on the subject the
rules of the common law are applicable and
As the Circuit Court is authorized to con
vene a grand Jury when deemed advisable.
Indictments and informations are concurrent
remedies, and a the former means of charg
ing the commlFslon of a crime, is based on
and supported by the oath of the grand
Jurors, which need not be recited in tho ac
cusation, so an Information, under our statute,
need not be verified, for' tho official oath of
the perron whose duty It is to prosecute the
formal charge, compiles with tho require
ment of the organic act and supplies the
necessary oath or affirmation.
But in this state a deputy District At
torney Is not required to take an oath of
office and it was Insisted that his exam
ination of the witnesses and his signing
the name of the prosecuting attorney to
the1 Information was not the presentation
of a charge supported by oath. The Su
preme Court says, after referring to the
Bclding case: "When the District Attor
ney insisted upon the defendant's plead
ing to the Information he thereby ratified
the subscription of his name by his dep
uty. . . . "When he caused the defend
ant to go to trial on the information filed
by his deputy he thereby ratified, under
his official oath, the facts constituting
the gravamen of the charge." By this
reasoning it is held that the information
was supported by an oath.
The Supreme Court Is allowed 20 days
within "which time to send its mandate
to tho State Circuit Court. The lower
court cannot act until It has received the
mandate, and the statute provides that at
least 30 days must elapse from the time
a judgment is pronounced until It can
be executed. This gives Gugllelmo about
50 days more lease of life. There Is some
talk among his friends of carrying the
case to the Supreme Court of the United
States on a constitutional question, but it
is doubtful that it will be done.
Sheriff Word yesterday stated that he
-would not let Gugllelmo know of the de
cision affirming his conviction until today,
and afterward would take every precau
tion to see that Gugllelmo does not com
State vs. Lee.
State of Oregon .vs. James G. Lee. ap
pellant, from Washington County, T. A.
MrBrldc. Judge, reversed and new trial
ordered: opinion by Justice Bean.
Lee Is a wealthy farmer 'In Washington
Countv and was arrested on the charge
of stealing a calf. At the trial the at
leged owner of the calf gave testimony
and was asked on cross-examination re
carding his feelings toward the defend
ant. In the course of the examination he
caid that he bore Lee no Ill-will, only that
it Is the supposition that Lec has been
getting away with a good many cattle.
and he had no friendship for any one
who would do that kind of business.
The latter part of the answer was given
over the objection of defense, and the
court refused later to strike out the tes
timony. The Supreme Court holds that
this was error, for the reason that the
evidence given was not explanatory of the
bias of the witness, but Its tendency was
to show the general reputation of the de
Itndant, which was not admissible un
less the defendant has himself put hts
character In issue.
Kehearings Are Denied.
Rehearlngs were denied in the cases of
H. Wollenberg, administrator, respondent,
vs. J. F. Rose, appellant: Frank "D.
Bauers, appellant, vs. John Bull, re
spondent, and A. T.' Lewis, appellant,
vs. First National Bank, respondent.
TAX BILLS DIED IN COMMITTEE
Would Have Brought Much Revenue
to the State.
SALEM, Or.. Feb. 20. (Special.)
Two important re-enue-produclng
measures, intended to replenish the
treasury from sources that have here
tofore escaped taxation, were left to
die in committee-rooms when the Ore
son Legislature adjourned Friday
night. One of these was Sonneman's
bill to tax the gross earnings of ex
press, telephone, telegraph and Pull
man companies, and the other Settle
mier's bill to authorize the assessment
and taxation of property that has been
kept off the assessment rolls in years
gone by. Both measures died in the
hands of the Senate committee on as
sessment and taxation.
Sonnemann's bill was Introduced early
in the session, and went to the House
committee on railroads on January 18.
There the bill slept for four weeks,
though the author of the bill -was
chairman of the committee. February
13 the bill was finally reported and
was passed by the House on the fol
lowing day. It went immediately to
the Senate, and was referred to the
committee on assessment and taxation,
of which Senator Booth was chairman.
This was three days before final ad
journment, and the bill will not come
into view again during the session.
The measure proposed to tax the
companies named 1 per cent upon their
gross earnings from business entirely
within this state. The bill requires
these companies to file annual state
ments, showing the amount of business
transacted, and provided penalties for
failure or for false statements.
The Settlemier bill has for Its pur
pose the assessment of lands which
have been kept off the assessment rolls
for many years. The persons princi
pally affected were military wagon
road companies and large syndicates
owning land that had been secured
from tho Government, but which had
not been patented, or. If patented, the
patents had not been placed on record.
The bill authorized the Attorney-General
to assess such property for each
of the years that it had been kept off
the assessment rolls, and to collect by
suit the amount of taxes due upon the
It was estimated that by this means
several hundred thousand dollars could
be collected from property-owners who
have In the past escaped their Just pro
portion of the burden of taxation.
This bill was not Introduced until
late in the session, and passed the
House on February IS, and was re
ferred to the Senate committee on as
sessment and taxation on February 14,
three days before adjournment,
There was a strong lobby against
each of these measures.
MORMON BILL TAMPERED WITH
Flurry of Excitement Aroused In
BOISE, Idaho, Feb. 20. (Special.) A
flurry occurred In the Senate today over
changes in the record. It caused some
excitement and gave rise to some re
crimination. Ever since the session
opened there has been trouble over the
records. Under the decision of the Su
preme Court, In what is called the "fee
bill" case, every step taken in the
passage of a measure and In the adop
tion of amendments must appear affirma
tively. The Journal, therefore, becomes
still more important.
Governor Gooding discovered in some of
the first bills brought to him for signa
ture that the journal records wcrcf defi
cient. He thereupon requested both
houses to furnish him with certified
copies of the journal records as to each
bill sent to him.
When the polygamy bill was passed. It
was found a lead pencil Interlineation
had been made showing the bill had
passed "as amended." Today the fact
was disclosed that while such a notation
should have appeared on the record of
the passage of the adultery bill there was
nothing of the kind.
During the noon recess the words as
amended" were written in ink in the rec
ord as to that bill. This was discovered
before the Senate reassembled and the
attention of President Steeves called to
the Interlineation. He was told 'a reso
lution would be introduced calling atten
tion to the matter and he then directed
that the words be erased. It is necessary
for the words to appear, and there is
doubt about what can bo done. It is
thought unanimous consent may be se
cured to "have the changes made, but
Senators did not propose to have the
journal altered without authority from
Both those bills arc now laws and It is
desired to have them proof against at
tack. The fact that the secretary Is a
Mormon has added to the interest In the
AFRAID TO MAKE THE ATTEMPT
Brinkburn's Master Would Not Sail
for Blockaded Vladivostok.
SAN FRANCISCO. Feb. 20. The Brit
ish steamer Brlnkburn, Captain Peters,
which left here recently with u large
cargo of supplies for Vladivostok, re
The Brlnkburn went from here to Co
mox, where she filled her coalbunkers
for the run across the Pacific. From
Comox she was ordered to Victoria.
While there tho cable told her owners
in London that the Japanese blockade
was In first-class working shape. It
was decided to abandon the attempt to
take the Brlnkburn through the block
ade, and Captain Peters was ordered to
bring his ship to this port and dis
charge his cargo.
When the Brlnkburn arrived off nort.
however, two sets of orders were placed ,
on board. One ordered Captain Peters
to proceed with all speed to Vladi
vostok. The other ordered him to wait
outside for further orders. As five
members of the crew had deserted at
Victoria, and as the orders were con
flicting. Captain Peters decided to come
BOYS WITH THE BIGGEST LUNGS
Eastern Oregon Freshmen at State
University Show Greatest Capacity.
UNIVERSITY OF OREGON. Eugene,
Feb. 20. (Special.) Professor C. A. Bur
den, physical Instructor of the university,
has collected the following Interesting
data concerning the average height,
weight, lung capacity, and age of the
freshman class. The' height is 5 feet Si
Inches: weight 156 pounds; lung capacity
256 cubic inches; -age 20 years and two
months. Out of the large number of
men In the beginning class but 18 per
cent use tobacco.
Another Interesting fact as announced
by Professor Burden is that Eastern Ore
gon students have an average fung ca
pacity of 301 cubic Inches; the valley
men 276: and the Astoria students but
25S cubic Inches.
Requisitions on Nebraska's Governor
SALEM. Or.. Feb. 20. (Special.) Two
requisitions for the extradition of Oregon
criminals were issued today by Governor
Chamberlain upon the Governor of Ne
braska. One Is for J. H. Slattery, who Is
charged with stealing a, number of horses
in Malheur County, and the other for
Thomas Moss, wanted In Pendleton for
forging a check for $6. The men have
been arrested in Nebraska. i
HELD TO ITS WORK
Speaker Megler Nips House
Holiday Proposed by Elks.
SENATORS OFF FOR TWO DAYS
Another Bill Proposed by the Wash
ington Federation of Labor Re
ceives a Knockout by the
OLYMPIA. Wash., Feb. 20. (Special.)
An Elks' reunion in Seattle tomorrow and
the celebration of Washington's birth
day Wednesday, impelled tho Senate- to
adjourn this afternoon until Thursday
morning at 10:30. That similar action
was not taken by the House 1b duo to the
fact that Speaker Megler Is not backward
about exerting his Czar-llko prerogatives
when tho occasion demands.
The members of the Order of Elks had
been canvassing the House and with the
aid of a number of House members, who
also belong to the order, undoubtedly had
tho date fixed. When the usual hour
came for adjournment, however, the mo
tion was simply that the House adjourn.
Before it could be amended Speaker Meg
ler called for the vote
The Elks tried to vote the motion down,
as In that shape It carried the adjourn
ment only over till tomorrow at 10
o'clock. If the "noes" did not have a
majority, they at least outshouted the
"eyes," but the Speaker declared the mo
tion carried, amid the general laughter
of those who wanted to stay in, Olympla
Tho House, which has heretofore not
dealt kindly with the measures advanced
by the State Federation of Labor, today
defeated another labor bill. The mbasure
was by Dobson, and required corpora
tions, firms or persons engaged in mining
or manufacturing to pay their employes
semi-monthly in cash or Its equivalent.
There was no debate on the bill and It
was defeated, ayes 33, noes 40; absent
and not voting, 21.
A bill by McNlcol, similar in a way to
the Dobson bill, received tho favor of the
House. It requires employers to pay
forthwith in cash the full amount due
any employe who may be discharged or
who may withdraw from his position. The
bill received only four opposing votes.
The House bill creating a State Plumb
ing Commission and requiring the licens
ing of journeymen and master plumbers,
and which was subjected to attacks on
the floor on two prior occasions, was
passed this afternoon: ayes w, noes 14,
absent and not voting 17.
The House passed Senator Potts' bill,
which authorizes the Board of State
Land Commissioners to extend the time
for removal of timber from state land
where such timber was sold prior to the
taking effect of the act of 1901. The bill
Is designed to affect timber sold prior to
tho enactment of any law prescribing a
time limit for Its removal. The bill prac
tically makes retroactive the law of 1001.
limiting the time for removal of timber,
but gives the Land Commission power
to extend the time which under the law
of 1901 would now be expired.
The Senate worked only In the after
noon and the session was featureless. It
adopted the Senate bill creating the
County of Benton from a portion of
Takima and Klickitat Counties, and the
bill creating a judicial district In Kitsap
A bill was Introduced by Rands provid
ing for a reappralscmcnt of Vancouver
tide lands. A Senate bill by Sumner
permits the sale of the nonproductive
state oyster land reserves at 51.25 per
acre, in tracts not to exceed 60 'acres in
extent to one person.
M'COY ACT UPHELD IN COURT
Provisions for Sale of Timber From
Land of the State.
OLYMPIA. Wash.. Feb. 20t (Special.)
It now appears that a large amount of
energy has been uselessly expended in
preparing and discussing a half dozen or.
more bills intended to cure supposed de
fects In what Is commonly known as the
McCoy act. and which were considered as
among the most Important bills of the
session. For several months an action
In mandamus has been pending In the
Supreme Court, In which the court was
called upon to Interpret the act. There
was a feeling that the" opponents of the
act had prepared a very strong case and
that the court would either declare the,
act unconstitutional or would not inter
pret It as had the Attorney-General and
State Land Commissioner.
Anticipating an opinion antagonistic to
the law, the several bills mentioned were
drawn, presented and have even been
discussed on the floor of the. Legislature.
Today, however, the Supreme Court
handed down Its opinion, In which the
court upholds the act in all particulars.
It is likely that the several bills Intended
to cure an Imaginary defect will now fail,
as they are of no practical necessity.
The provisions of the McCoy act, which
was passed In 1901, require that land bear
ing over 1.000,000 feet bf timber to the
quarter section cannot be sold, but that
the timber may be sold separately from
the land under a reversionary clause re
quiring Its removal within Ave years. The
principal opposition to the enforcement
of this law was aroused by the fact that
it limited the bidding for state timber at
public auction to thoso who were prepared
to begm logging operations at once.
The action was brought by B: F. Heus
ton, of Tacoma, who sought to mandamus
the State Land Commissioner to compel
him to offer for sale a quarter section
of land he had applied for. Heuston en
deavored to have the court place a dif
ferent construction on the act, which
would have enabled the Land Office to
offer land and timber at separate sales.
The court holds that the" land Itself can
not be sold under the terms of the act,
and denies the writ.
FIGHT ON MEAT INSPECTOR
Small Butchers Say Bill Is in Interest
of Large Packers.
OLYMPIA, Wash., Feb. 20. (SpeciaL)
Representatives of packings-houses,
stockraiscrs and meat markets were
"before the Joint committee on dairy
and livestock tonight to discuss the
Dawes bill providing for state meat
inspection In cities of the first, second.
third and fourth classes.
George C. Israel appeared for a num
ber of smaller Arms and contended that
the bill was drawn to enable toe larger
packing-houses, who secure Govern
meat inspection free of charge, to com
pel the smaller concerns to Py an in-
ivpection fee, thus raising the con
sumors price for the benefit of the
large companies. He also objected to
features which prohibit In effect tne
butchering of stock by farmers, permit
ting them to sell only on the hoof at
points where state inspection may be
John W. Merritt, of Spokane, repre
senting tne Spokane butchers and deal
ers, favored tne bill. He said It would
stop the practice of-Eastern Washing
ton stockdrlvers butchering diseased
cattle on the ranges and selling them
orvssed to the city and town markets.
Ex-State Seiiator Splawn. of Yakima
County, appeared In behalf of cattle
men In 'favor of the bilL Charles H.
DELAY NOW IS AT
YOUR OWN RISK
Club "A" is Nearly Filled and
Many Join Other Clubs
Everybody Taking Hold of This
Co-Operative Proposition In a
IVlost Vigorous Way.
Buyers who wish to come Into the clubs
under the terms of Club "A" cannot af
ford to delay, as it is filling so very rap
Idly. In this club are some of our strongest
bargains. The plano3 In It are regularly
priced at from 5200 to $300. Club members
are securing them for as little as 5117,
and from that to 5222. Figure the saving.
And tho pianos are splendid Instruments,
fine toned and beautifully cased. Club
"A" carries the smallest of prices and
Installments. By paying 55 down and
51.25 a week you can buy any piano In
cluded in this club of 157 members.
Clubs "B." "C," "D" and "E" are all
filling rapidly, and in each one the saving
Is correspondingly great.
Club "F" consists of a miscellaneous
lot of pianos discontinued '04 catalogue
styles of Chlckerlng. Weber and .Kimball
pianos, Steinways, Crowns and numerous
different makes, taken by us In -exchange
for tho new but exceedingly popular Pianola-Piano,
and for brand-new. latest
style Weber. Chlckerlng and Kimball pi
anos a number of used pianos In splendid
condition and also samples of various
makes sent U3 by the factory. Every
piano In this as well as in every other
club, a tremendous bargain.
This Is an opportunity you cannot afford
to miss, and clubs are filling so rapidly
there is danger In delay.
Remember, every Instrument fully guar
anteed and money back In every lnstahco
where piano falls in any way to prove
exactly as represented. Eliers Piano
House, 331 Washington street, corner Park.
The largest, most popular and most re
liable concern on the Coast.
Frye, of Seattle, represented the pack
ers also in the bill's favor.
The Senate fisheries committee has
agreed to report favorably a bill aimed
at the Oregon fishermen who seek smelt
In Washington waters. The bill fixes
a license fee of 53 annually for each
scow, boat or float engaged In smelt
fishing on the Columbia River and pro
hibits the Issuing of licenses to all fish
ermen otner than citizens of the State
of Washington. The bill was Introduced
by Senator Watson, of Cowlitz County,
The adding of Senator Hunter of
Whatcom to tho Senate fisheries com
mittee has given the independent
packers and fishermen who oppose tho
six weeks' close season on sockeye sal
mon in 190b and 190S a majority of the
committee. The Earlcs bill vlll be re
ported to tho Senate with a recommen
dation by a majority of the committee
that it bo indefinitely postponed. The
minority will recommend the passage
of the bill with a few amendments.
A direct primary law was agreed to
by the House committee on privileges
and elections tonight. They will ap
prove the Strobridge bill introduced
in the House, but will recommend tho
elimination of United States Senators,
Congressmen and state officers from
the provisions of the act. This will
leave the direct primary law. as" pro
posed, applying only to the nomination
of legislative, county and city officers.
The House judiciary committee has
approved the factory Inspection law in
troduced by Davis. The bill was re-
rcferred to this committee after a hard
fight on the floor of the House. The
committee suggests but few amend
ments and declines to adopt the labor
union contention for an elimination of
the damage liability limit of $7503.
Gift for Cruiser Washington.
OLYMPIA, Wash.. Feb. 20. (Special.)
It Is proposed that the State of Wash-
Jngton shall purchase a suitable gift for
presentation to the armored cruiser Wash
ington, which will be launched from a
New Jersey shipyard within a few months'.
A resolution was Introduced in the Legis
lature today which provided for the ap
pointment of a committee to select the
The amendments to tho school code pre
sented In the form of a House bill passed
the Senate. The most Important changes
abolish the third-grade teacher's certifi
cate after January 1 1905, and increase
the age restriction on teachers to 19
Giving of Prizes Is Forbidden.
OLYMPLV. Wash.. Feb. 20. (Special.)
The offering for sale of any kind of
property with prizes to be awarded by
lot prescribed as an extra Inducement to
purchasers Is prohibited In a bill Intro
duced In tho House today. The bill also
prohibits tho giving of trading stamps.
Scott of Spokane presented a bill which
prohibits the State. Treasurer depositing
In any bank public funds in excess of
10 per cent above the paid-up capital of
Tho disposition in the Senate today
in regard to the capital removal bill Is
to leave to the presiding officer the task
of deciding whether or not the veto
power of the Governor can be exerted
over tho bill. The motion to reconsider
the bill was made by Todd In the House
this morning as he announced on Friday,
but not even the formality of taking a
ballot was asked by the opponents of tho
bill. There was no discussion and the
motion was defeated by an overpowering
Owing to tho adjournment until Thurs
day by the Senate, the bill will not be
ready for transmission to the Governor.
If it should go to him, before Friday or
Saturday. In the meantime President
Coon, of the Senate. Is reading the volun
tary opinions given by the members of
the Legislature who are lawyers, and
has also asked for other legal advice.
Withdrawal of Timber Land.
OLYMPIA, Wash.. Feb. 20.-(Special.)
Representative Roth, of Whatcom Coun
ty, will tomorrow introduce a bill with
drawing all state; school, granted and
tide lands, including timber, from sale
for two years, and requiring the appoint
ment of a commission to study the exist
ing laws relating to the sale of state
lands and submit a report to tho next Leg
islature recommending needed changes.
The introduction of some such bill has
been predicted as a result of the appear
anco of so many bills providing for
changes in the present land laws.
Dominion to Care for Defenses.
VICTORIA, B. C. Feb. 20. Informa
tlon was received at Esquimau today that
the defenses there and at Halifax will be
taken over without delay from the im
perial government by the Dominion of
Canada. It Is estimated that J2,0O).0CO a
year will- bo expended on the defense
MISGUIDED MONTANA SMITH
Swore Out Warrant Against Promi
nent Attorney and Then Regrets It
HELENA. Mont.. Feb. 20. D. A. Smith.
who swore out a warrant for the arrest
of Fred H. Hathhorn, a Billings attor
ney, on the charge of grand larceny, has
dismissed the accusation andf printed a
'statement exonerating Mr. Hathhorn In
even particular. He alleges he was mis
"guided Into bringing the proceedings. The
affair created a sensation, as Mr. Hath
horn was named In the bill now before
the Legislature for the creation of a new
Judicial district as the Judge thereof.
Hathhorn collected money for Smith as
attorney, but did not turn it over, as
Smith's whereabouts were not known to
him. He has paid over the money and
Smith is Batisfled.
DEN AND LIBRARY TABLES
We are now ready to show you a lot of new designs in tables for
the den, living-room or library. Round-topped and square-topped
tables in golden oak, mahogany, weathered oak and fumed oak.
Polish finish or dull finish, just as you like. No matter how your
rooms are furnished, we have tables for those rooms at prices' that
will please you.
MAHOGANY WEATHERED OAK GOLDEN OAK FUMED OAK
ROB TWELVE HOUSES
Burglars Have a Very Busy
Night in Seattle. .
NEIGHBORS OF CHIEF SUFFER
Allegation Made That Detectives Are
Egging on "Stoolpigeons" to the
Work to Discredit Head of
SEATTLE, Wash., Feb. 20. (Special.)
Twelve houses In the neighborhood In
which Chief of Police Delaney lives
were entered by burglars Sunday night.
The loot secured did not amount to more
than 575. In several houses drawers had
been ransacked and the contents tumbled
about, but nothing was taken. Only
money and watches were secured.
The police believe the work wasdone
by the mysterious "nipper man," who has
hn nnoratlnir horo nil "Winter without
detection. The territory covered by the
burglars is about a mile square. Many
police officers do not hesitate to declare
their belief that the work Is being dono
by "stool-pigeons," who are protected by
a clique of detectives who are trying to
do up Chief Delaney. as they have for
mer heads of the departments.
The fact that the section of the city
where the Chief makes his home was
ripped wide open in one night, they say,
lends color to this belief.
Repelled Boarders With Popgun.
SEATTLE, Wash., Feb. 20. (Special.)
George Nuber, a 16-year-old driver for the
City Messenger Company, had to use a
revolver yesterday to fight off a lot of
boys who were trying to take his team
away from him. George says he shot
once, and most of the boys who had
climbed up on the wagon dropped to the
ground and hurried away. The shot did
not take effect. Two of the disturbers
hung on to the lines, however, and he
had to fight them off to get control of
his team. ,
The trouble occurred yesterday after
noon. uDer says ne aoes not Know
whether the boys who attacked him are
strikers who are fighting the messenger
company or whether they belonged to a
tough gang out' for a lark.
A number of messenger boys went on
strike against the City Messenger Com
pany last Saturday. Other boys have
been secured to take their places, and
Nuber says that every time he has taken
his team out boys have gathered around
him and shouted "scab at him. He did
not mind that, he says, but when his
wagon was boarded and an attempt made
to take his team away from him he drew
his .22-callber revolver and repelled the
Count Villa Fights With Burglar.
SEATTLE. "Wash.. Feb. 20. (Special.)
J. F. Villa, the noted Michigan football
player, who is now Italian Vice-Consul at '
this port, had a hand-to-hand encounter
with a burglar in his home early this
morning. Villa was awakened when the
burglar entered his room, and he leaped
out of bed and grappled with the Intruder.
Count Villa Is a powerful man. though
ho Is carrying too much fat to be at his
best. He was overpowering his midnight
visitor when the burglar drew a revolver
and fired twice. Villa loosened his hold
and the burglar escaped by leaping
through an open window and disappeared
In the darkness. Villa was not .wounded. ,
The burglar was attacked by Villa before i
he had time to ransack the house. ,
SENATORS MAY BE EXPELLED '
Committee Convinced That California
Legislators Accepted Bribes.
SACRAMENTO, Cal.. Feb. 20. The spe
cial committee appointed to investigate
bribery charges against Senators Emmons,
Bunkers. Wright and French recommends
that they be expelled from tho Senate.
The Senators mentioned were accused of !
demanding and accepting a bribe for proj. .
tectlng certain building and loan ajo-
ciations from Investigation by the Legls- j
latlve committee on retrenenment ana re
form, of which they were members. A
trap was set for them. Marked bills were
given to a go-between, who was seen to
pass the monty to them. Each Senator re
ceived $350. They have been indicted by
the Sacramento County Grand Jury.
After the presentation of the report of
the special -committee, which stated that
each of the four accused Senators had
received $350 to Influoncc his action In re
gard to Jthe report on the managing of
building and loan associations, Senator
Bclshaw. chairman of the committee, said
that additional testimony had Just been
received and remained to be printed. He
therefore recommended that the :ommlt
tee'e report be made a special order for
next Thursday morning, and this motion
was adopted. ,
The report exonerated the San Fran
cisco Examiner from the charge that that
paper helped to pack the former com
mittee so as to Insure a report against
the Continental Building & Loan Asso
ciation. It Is the general Impression that
the report will be adopted, and the ac
cused Senators expelled, as sentiment In
favor of that action Is very pronounced
among the members of the. body.
LOST MONEY IN BUCKET-SHOP
City Treasurer of Everett Is Short
$11,500 in Accounts.
EVERETT, Wash.. Feb. 20. (Special.)
George Holcomb, City Treasurer of Ev
erett for two years up to last month. Is
short. In his accounts about 511,500. ac
cording to a preliminary report made to
night to the City Council by S. E. Thayer,
who has been expertlng his books. The
Council directed the City Clerk forthwith
to notify tho United States Fidelity &
Guaranty Company, which was on his
Holcomb lost money In speculating In a
bucket-shop. With his friends, Holcomb
has been busy for weeks In a desperate
attempt to raise funds with which to
make good the shortage, and It is be
lieved he will yet succeed.
Although the Council did not take steps
formally to notify the bonding company
until tonight. It is believed the local
agents of the company have been advised
of the possible shortage. -
BIG CONTRACT FOR LARSON
Millionaire Helena Man Said to Have
Secured Slice of G. T. P. Work.
HELENA. Mont.. Feb. 20. An uncon
firmed report says that Peter Larson, the
millionaire railroad contractor of this
city, who built many miles of the main
lines of the Northern Pacific, Great
Northern and Canadian Pacific, has se
cured. In conjunction with Poley Bros.,
contractors, of St. Paul, the contract for
the construction of the western extension
of the Grand Trunk Pacific.
Mr. Larson Is in the East prcsumably
flgurlng on the contract, and close busi
ness associates admit there may be some
thing to the report, but they refuse to
confirm It. It Is said the contract in
volves 515.000.CCO or 520.000.000, and Is the
lnrgest railroad contract awarded in
RESENT TACOMA'S AMBITION
Olympia Business Men Meet to Con
sider Removal of Capital.
OLYMPIA, Wash.. Feb. 20. (Special.)
A meeting called tonight to discuss trade
relations with Tacoma was attended by
about GO business men. which included
"A story of the Civil War
which really goes by its own
momentum has got to be
something of a rarity.
"'My Lady of the North'
does go, and goes with sweep
and dash, without omitting
any of the old-fashioned prop
erties of romance or noble
From New York Times Saturday Review (Feb. 4)
V Listed among the sir best-selling books in
the Southern, Central, and Western States
Fifth Edition For Sale Everywhere
Sixth Edition In Press
representatives o all the larger houses.
The discussion showed a keen feeling of
resentment toward Tacoma over the capital-removal,
but upon the advice of sev
eral men who have been In touch with
the 'fight over the bill, no drastic action
was taken at this time. A committee of
seven was appointed to report a plan of
action one week from tonight.
CANADA IS IN FULL CONTROL
Assumes All Cost of Maintenance
of Land Defenses.
VICTORIA, B. C. Feb. 20. A special
from Ottawa gives details of the acquisi
tion of the Canadian land defenses by tho
Dominion government, which will take
over the works from the Imperial govern
ment July 1. It Is understood that the
British government suggested that Can
ada should pay 51.2G0.C00 of tho cost of
maintaining these defenses, and leave the
control In the hands of the British gov
ernment. Canada would not consent to do
this. She adhered to her outstanding
offer to assume control and foot the whole
bill, which will be over 52,000.000.
What Canada objected to was making
permanent expenditure which would not
be under the control of the Dominion Par
liament. The British authorities have
agreed to Canada's offer.
Prince Kang Visits Salem.
SALEM. Or.. Feb. 20.-(Special.)
Prince Kang Yu Wei, a high Chinese
official, and his retinue were' in Salem to
day visiting public offices and institu
tions. They were given a warm welcome
by Governor Chamberlain, to whom they
carried a letter of introduction from
Judge Bellinger. They visited the peni
tentiary and asy'um. where every oppor
tunity was given them to learn the man
ner In which these institutions are con
ducted. The Prince's secretary took extensive
notes of all Information gleaned. In order
that the result of thelrMslt may be fully
reported on their return to China.
When Kang Yu Wei passed through
the prison he met one or two Chinese con
victs, who knelt before4 him and bored
their heads to the floor. The prisoners
were given permission to talk a few mo
ments with their Prince.
Knights Gather at Centralia.
CENTRALIA. Wash.. Feb. 20. (Spe
cial.) The district convention. Knights
of Pythias, has been In session at Cen
tralia today. Members of the K. of P.
from all over the district are present
and enjoying themselves. A big ban
quet was held at Centralia Hotel, after
the evening's lodge work was finished.
All of the stores of importance had
K. of P. decorations In their windows,
signifying their welcome. There will
be a convention all day Tuesday and a
big ball at night.
Hood's Sarsaparilla ensures good diges
tion and strength to the vital organs
Insist upon Hood's.