THE MORNING OREGONIAN, TUESDAY. FEBRUAEY 21, 190o. CUGLIELMOTO HANG 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. J 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 kind. 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 controlling. 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 mit suicide. 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 annual levies. 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 Idaho Legislature. 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 the body. 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 matter. 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 turned tdday. 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 lntoport. 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 Lower -House. 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 and work. 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 County.. 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 i had. 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 Each Day. 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, by request. 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 gift. 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 years. 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 such bank. 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 vote. 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 works. 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. ill 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 WE'LL BE TALKING NEW FURNITURE DAILY NOW YOCBCfiEDI IS GOOD 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 the Department. 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 boarders. 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 bond. 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 years. 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 sentiment." 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 FURNITURE ARRIVING EVERY DAY MAKEYOUB IQW TERMS 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.