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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (April 18, 1905)
"VOL. XLV. !N0. 13,840. PORTLAOT), OREGON, TUESDAY, APRIL 18, 1905. PRICE FIVE CENTS. C LAND-FRAUD BUTTLE BEGINS Heney Strongly Argues on the Abatement Plea of Sen . aton Mitchell. HEARING IN ARRAIGNMENT All of the Xicading Defendants, Mitchell, Hermann, Williamson, and the Smaller Offenders Are In Attendance. The work of the skirmisher is done in the land-fraud Investigations and trials, the battle of the little ones has passed and yesterday saw the first hattle of the artillery, saw the giant guns of the Na tion's cause turned against the. defense lot the most prominent and perhaps the most powerful gathering of defendants ever gathered together In one common cause In the history of the country. When Judge Bollinger convened his court yesterday morning he had before him the best legal talent of the state, which is yet to be augmented and strengthened by some of the most famous attorneys of the Nation, all pitted against the one lone representative of the Gov ernment, standing ready to meet and re. pel the attacks on the work which he has been doing for the months that have passed. Main Event of Day. The main event of the day's seision was the argument of the Mitchell plea in abatement, and gathered to hear this was a crowded room of defendants, attorneys and spectators. Senator Mitchell, silent and dignified, sat beside his attorneys, A. 6. Bennett and H.' S. Wilson, of The Dalles. Binger Hermann, unmoved, as usual, and with unconcern sat In the Jury box, seemingly unmindful that he had trusted his interests and perhaps his lib erty to the guidance and care of his old time and bitter political enemy, Joseph Simon, who, as one of his attorneys, sat beside the long table before the bench. John M. Qearin, .also representing Mr. Hermann, as a member of the firm of Dolph. Mallory, Simon & Gearln, appeared actively for the Congressman In his ar raignment. Congressman Williamson, another Tf the Indicted, sa$ln-.tbe rear ofthe room, and Is under the guidance of Bennett & Wil son, The Dalles. Dan R. Murphy, for Henry Meldrum; A. C. Woodcock and Dew Tarpley, as sponsors for James H. Booth and Frank E. Alley; Thomas O'Day, for - Charles Nickell, and S. B. Huston, representing W. N. Jones, were among those of Oregon's distinguished lawyers who sat within the charmed cir cle ot the bar. In the argument made by Heney, he at tacked the contentions of the defense as to their plea separately, piece by piece, and part by part, until It seemed to the laity as though there was nothing of fact left for the attorneys to stand upon In their reply that is to be made today. Each point in the argument was backed and strengthened by citation after citation bearing on the cases, all of them favor able and none of them against. Porto ltican Case Cited. Hie Government places particular stress upon the decision of the Supreme Court of the United States in the case ot Crow der vs. the United States, known as the Porto Rican case, the opinion In which was written by Justice Harlan. The de cision here holds that the local laws gov ern the choice and qualifications of jur ors as well as the right of challenge. It was also argued that the same principle was applied to the different states by sec tion 722, of the revised statutes of the United States. Perhaps the greatest interest of the day. however, centered around the action of Binger Hermann, who appeared in court yesterday for tho first time since the three Indictments were returned against him. Hermann, however, did nothing to gratify any curiosity on the part of the spectators, as he did all his talking through his attorney, John M. GearTn, of the firm of Dolph, Mallory, SlmlJn & Gearln. When the Congressman was ar raigned he demurred to the indictments against him on tho ground that they were not definite and certain and did not allege crime. It was also stipulated by the at torney for Hermann that In event the abatement proceedings InstltV p. by Sen ator Mitchell should be dec'-ted in favor Df the defendant the quasf sg of the in Jlctment against Mitchell iuld serve In the case of Hermann as This stipu lation was agreed to bj'Heney. Other Arraignments Had. Several other arraignments were also had at the morning session. Edwin Mays, who was indicted for complicity In the Butte Creek land case, pleaded not guilty to the indictment. John H. Hall, Indicted tor fencing public land in connection with !ho Butte Creek Company, pleaded not rullty and asked for an Immediate trial. Under the indictment charging him with having been party to a conspiracy to ob rtruct the progress of Justice by an at tempt to defame the character of United" States Attorney Heney, Hall filed a plea in abatement, which will be argued at Ihe close of the arguments now before the urL W. N. Jones, Thaddeus S. Potter, E. K. Brown and Mrs. E. K. Brown, Indicted lor conspiracy to defraud the Government if lands, filed pleas in abatement, while Daniel Clark pleaded not guilty to his In llctment charging complicity In the W. K. Jones Siletz Indian land case. In the afternoon Henry Meldrum,- in Uctcd for false surveys, was arraigned tnd given until Monday in. which to plead. The same action was taken with Frank B. Klncart, Stephen W. Cornell, David Klnnalrd and Livy Stlpp. Have Porensic lBattlo. The morning session was enlivened by & forensic battle. between "Heney and Ben nett over the action of the former in pre senting affidavits made by himself and George Gulstln in support of the Gov ernment's contention that the former was not In any way prejudiced against any ot tho defendants, that he was qualified to serve as a District Attorney, while in the latter case the documents showed that the former Juror was by record and upon his oath a citizen of the United States. Bennett objected to the Introduction of the affidavits maintaining that there was no authority for such action on the part of the Government attorney, and that since the defense had introduced no evi dence the Government could not do bo until the way was paved by the defense, who were the affirmative In the plea. Heney contended that the action of him self was covered by Federal statute, and court was adjourned toproduco the cita tion In support of his contention. Hency's Strong Argument. Heney In the afternoon continued with his argument upon the plea In abatement offered by Senator Mitchell. He held that the objection raised was on technical grounds entirely and not on the allegation that any constitutional right of the de fendant had been jeopardized. The right to challenge the empanelment of a grand jury has been barred in most of the states for many years. In the old com mon law the right to challenge had been allowed for the reason that the selection of the Jury was In the hands of the Sheriff, who was from the fact supposed to be prejudiced toward tho defendant Now, however, there were so many safe guards thrown around the selection of a Jury that the right t,o challenge had prac tically passed. The grand juries of the present time were selected neither by the court nor the marshals and the selection was guarded in every way. Further, It was argued by Heney that the Federal law provides the selection of a grand Jury and the qualifications of the jurors shall be governed by the state laws in which the Federal Investigation, or trial, was to be held. It was also argued that the court must be satisfied as to the qualifications of the Jurors before admitting them to serve. In which case the act of the court passed upon the qualifications and estab lished them. It was supposed that, under the requirements of the law, the court took notice of the qualifications of each and every Juror and if satisfied allowed the juror to be sworn. When accepted by the court the qualifications had been fixed and were not subject to appeal. According to the Oregon law the accept ance of the juror fixes the qualifications, for such acceptance presupposes a trial of qualification by the court before accept ance. Cites the Oregon Daw. In refutation of the contention in Sen ator Mitchell's,. plea that some of ths jurors were "1100, on "the assessment list, it was claimed by Heney that the Oregon law did not provide that such should be the case. It was stated in the section of the statutes relating to selection that the lists should be drawn from the assess ment roll, but nothing was said of the matter in the section relating to quali fications. The only way to attack an Indictment under Oregon law. It was argued, was by motion, either by demurrer or by plea of guilty, not guilty or former conviction or acquittal of the identical offense. There was no provision made for a plea of abatement in the Oregon law. Mr. Heney then took up the conten tion regarding tho jurors, arid it was stated by' the court that W. E. Robert son had been excused by the court for cause, as it was shown that the Juror was an exempt fireman and not liable to Jury service under the law. Peebler had been drawn and sworn and had then been excused by the court for cause to It sufficient. Buffum had been out of the state at the commencement of the sessions, but had been sworn as soon as he returned. In the case of George Gulstin certified copies of his final papers were present ed by Heney taken from the records of Clatsop County, showing that he was naturalized with C. W. Fulton as one of his witnesses. Affidavits "were also presented showing that Gulstln had been a resident of Portland for many years and had been in business here for the greater part of the time. His Own Qualifications. As to Heney's qualifications as a Dis trict Attorney, the attorney pointed to the records of the court which could not be 'disputed. In alleging prejudice and undue influence, Mr. Heney held the defendants made claim to what they knew not of. He argued that it would be an insult to the manhood of the Oregon jurors to plead that they would be influenced to indict former friends and neighbors by the simple influence of words from one prejudiced against the person sought to be indicted. It was admitted that tne statutes held the attorney should reside In the district to which he was appointed, but Heney contended that this means he should be there to do business at his office, not to make it his domicile. Heney concluded his argument at 4:30 o'clock and the court was adjourned until 10 o'clock this morning, when Bennett will present the side of the defense. Senator Thurston Is Retained. SIOUX CITY, la., April 17. John M. Thurston, ex-United States Senator from Nebraska, has been retained to press claims for indemnity on account of the massacre of -several Americans by Taqui Indians in Sonora, Mex., Janu ary 19. The claims will aggregate f 450,000, $100,000 each, for the four men killed, J. K. McKenzle and Dr. Robert McCoy, of Chicago: Walter Stublnger, of Kewanee, 111., and M. H. Call, of Sioux City, and $25,000 each for the ter rible experience of the two survivors, C E. Terrington, of Salem, O., and H. E. Miller, of Los Angeles. End of Storey Cotton Company. LIVERPOOL-, April 17. The Lancashire Chancery Court, sitting .here, today or dered the winding ud of the Storey Cot ton Company. ) ' " ' ' ' ENSQN LOSES IN SUPREME COURT Must Stand Trial at Washing ton for Conspiracy to De fraud Government. DECISION. (S SIGNIFICANT 4 Highest Tribunal in the Land Shown to Be In Accord With Policy to Bring the Guilty to Justice. OREGONIAN NEWS BUREAU, Wash ington, April 17. By its decision In the John A. Benson case affirming the decis ion of the New Tork Federal Court re fusing a writ of habeas corpus, the United States Supreme Court today showed that It is In entire harmony with the Govern ment policy of dealing out justice to men implicated in public land frauds, regard less of their station or Influence, Benson striving to resist removal to the District of Columbia for trial on the charge of conspiracy to defraud the Government. Under today's decision Benson will be brought to Washington for trial. This principal figure In the Beiuxra Hyde land ring that operated so exten sively in Oregon and California has for more than a year successfully fought re moval from New Tork to Washington, fearing that trial In this city would result in conviction. Belief In Guilt Shown. While today's decision nominally means the removal of Benson to Washington for trial, it signifies that In the opinion of the Supreme Court Benson and others of his firm did commit an offense against the United States. The decision foreshadows tho action that will be taken In the case of Frederick A. Hyde and Henry P. DImond, others of the. ring, who are fighting removal from San Francisco" to Washington for trial. Their case was not passed upon today. But today's decision was even more significant. It shows what course this court is apt to take if members of the San Francisco land ring eventually bring their case to the highest tribunal in this country. They need not expect that the lower courts will be reversed If the lower courts flnir'them guilty as "indicted. First "of the Indictments. Benson, together with Hyde, DImond and others, was Indicted in this city De cember 31, 1903, one year to a day before the first indictment of Senator Mitchell and Representative Hermann. Questions involved In tho Benson-Hyde case are similar to those In some Oregon cases, and the attitude of the Supreme Court is doubly Interesting on that ac count. The especial charge in this case on which Benson was Indicted by a grand jury of the District of Columbia was that of bribing an officer of the Interior Department to reveal to him the pur port of a report to the department. He was arrested in New York and sought to. prevent removal to this city by means of a writ of habeas corpus, which was denied by the Circuit Court of the Din ted States for the Southern District of New Tork. There were three points raised in the case, as follows: "First That the Indictment charges no crime against the United States. "Second That the District of Columbia is not a district of the United States with in the meaning of the law. "Third That the crime was committed In California and is only triable there." All Points Overruled. All these points were overruled. Com menting on the suggestion that the Dis trict of Columbia is not a judicial dis trict. Justice Brown eald in his written opinion: "It may be said that any construc tion of the law which would preclude the extradition to the District of Columbia of offenders arrested elsewhere would be at tended by such abhorrent consequences that nothing but the clearest language would authorize such construction." He added Informally: "The Constitution follows the flag In the District of Columbia." The Benson case was argued for the Government by Francis J. Heney, now United States District Attorney of Ore gon, assisted by Solicitor-General Henry M. Hoyt. The defense was rep resented by William Hornblower, of New York, who was approved by Grover Cleveland for Justice of the Supreme Court, but whose appointment was de feated by David B. Hill: by Frank H. Piatt, a son of Senator Thomas Piatt; J. C Campbell, of San Francisco, and William C. Cole, an ex-member of the Supreme Bench of the District of Co lumbia, who died a couple of weeks after the argument as the result of pneumonia contracted while attending the trial. The defendant was indicted for hav ing bribed certain clerks in the Gen ral Land Office to give advance infor mation to him In regard to the creation of California forest reserves. The Gov ernment now has evidence that the Ore gon land-fraud ring had the same clerks bribed to give information In the case of Oregon reserves. William J. Burns, who has been as sisting Mr. Heney while in Oregon, had charge of the work of collecting the evidence in the Benson case. BEAVERS SUBJECT TO REMOVAL Trial "Will Now Probably Take Place at Washington. WASHINGTON. April 17. The Supreme Court of the United States today decided the case Involving the removal, of . George' W. Beavers from Brooklyn tor "Washing-' ton against Beavers, holding him subject to removal. The effect ot the decision affecting the Dower Court will be to-bring Beavers to Washington for trial unless he finds other means of proceeding. The case grows out of the several Indictments against Beavers In connection with the postofflce irregularities of 1903 and 19041 Beavers was chief of the division of salaries and allowances of the depart ment and was indicted both in Brooklyn, where heV lives, and In this city, on charges of conspiracy to defraud the Gov ernment, and the present proceeding grow -out of an effort' to prevent hls removal from Brooklyn, tg Washington? fnr trlnl ' ' v . Mandatetn Securities Case. "". . WASHINGTON, April 17. In accordance with the' previous announcement by Chief Justice Fuller, the mandate of the Su preme Court of the United States in the Northern Securities case was Issued to day. It was directed to W. P. Clough, chief counsel for tha-'Sceuritles Company, and the essential part qf It Is as follows: "Whereas, In the present term the cause came on to be heard before the Supreme Court and was argued by counsel. It Is now and here ordered, adjudged and de creed by this court that the decree of the United States Circuit Court ot Appeals In this cause be and the same Is hereby af firmed with costs; and that the said ap pellant. Northern Securities Company, re cover against the said appellees $20 for its costs herein expended and have execution therefor; and It Is further ordered that this cause be andthp same Is hereby re manded to the Circuit Court of the United States for the District of New Jersey." Discrimination Is Denied. WASHINGTON, April 17. The Supreme Court of the United States today affirmed the decision of the United States Circuit Court for the Eastern District of Ken tucky in the case of the City of Cov ington vs. the National Bank of Coving ton, holding to be invalid the Kentucky law requiring National banks of that state to make return of all shares for taxation purposes. Tho opinion was by Justice Day, and was based on the ground of discrimina tion against National banks. ' Mrs. Craven Adjudged Insane. BURLINGTON, Iowa, April 17. The Des Moines County Commission of the Insane today adjudged Insane Mrs. Net tle Craven, who once sued the estate of Senator Fair, alleging that she had been a common law wife of the Sen ator. Mrs. Craven will be sent to ML Pleasant Asylum. CONTENTS TODAY'S PAPER The Weather. TODAY'S Rain. Easterly winds. TESTER DATS Maximum temperature, 70 dejr.; minimum, 47. Precipitation, 0.13 Inch. National. New York law making: ten houra a day's work for bakers declared unconstitutional by the Supreme Court. Page 1. Senate committee on interstate commerce be gins hearings on - railway legislation. Page 4. John A. Benson will have to Stand trial in Washington on land fraud charges. Page 1. G. W. Beavers can-be removed to Washing ton lor trial. Page i. rii - Collation of. Inspection .charce i$?r beer'ln' Missouri upheid--by' Supreme-" - Court. Page 1. President Roosevelt docs not want divorce lawyers for district attorneys. Page 2. Large tracts of land in Idaho withdrawn from entry for forest reserves. Page 2. Commissioner Garfield holds night session examining into Standard Oil methods in Kansas. Page 3. War in the Par East. Russian fleet said to be harbored in a Chi nese port north ot Hong Kong. Page 3. "London papers discuss the neutrality ques tions involved in the French port cases. Page 3. Russia. St. Petersburg reform elements try to evolve government at schemes without any sys tem. Page 3. Do rues tic. Four boys crushed to death In rush for free tickets at Indianapolis. Page 1. Caucus of agents in New York Indorses President Alexander, of the Equitable As sociation. Pago Q. Chicago teamster sympathizers mob negro drivers of Montgomery Ward & Co. Page 5. President Roosevelt will soon be far beyond the reach of messengers. Page 2. Kan Patterson's trial Is postponed for one day. Page 4. Nevada state reports conditions improving at town of Tonopah. Page 1. Forelgn. Limoges porcelain workers barricade streets and are charged, by dragoons. Page 4. Open-door policy is adhered to In Morocco, says Sir Mortimer Durand. Page 4. Separation of church and state In France Is a hard task. Page 4. 'Leaders of the Italian railroad strike decide not to urge a general strike. Page 2. Sport. Scores In Eastern ball games. Page 4. Terry McGovern escapes from a sanitarium and goes home. Page 4. Southern Oregon fans greet Portland Giants on their way home. Page 4. Pacific Coast. Governor Mead Issues statement on Port Townsend water bond row. Page 6. Chapman revivalists parade through Seattle slums. Page 5. Supreme Court decides land case against Oregon & California Railway Company. Page ft. , Patient prospector makes rich gqld stlrke near Baker City. Page G. Commercial and Marine. North Pacific hopgrowers to meet In Port land next week. Page 15. Summer fruits features of San Francisco markets. Page 15. " -Chicago wheat fluctuates on weather news. Page 15. Heavy selling unsettles stock speculation. Page 15. Astoria pilots want Chinook put to work on bar. Page 7. Cofferdam to be used' in raising steamer Elder. Page 7. Portland and Vicinity. Portland girl becomes the. bride of a Los Angeles business man. Page 10. Official party of Senators and Representa tives arranges to come to the Lewis and Clark Exposition in a special train. Page 14. Utah is now ready to erect Its state building. Page 14. Warships will bo in the river during the Fair. Page lb. Trial of the Tanner-Creek cases is set for the May term of court. Page 7. Company Incorporates for the construction of a short line to Vancouver. Page 11. Idaho citizens solve the opeh-rlver question and are assured the assistance ot Port ' land. Page 14. Blackmail is the charge which a man ac cused of criminal assault otters In his de fense. Page 11. Women are given a chilly welcome when they call on the City Council to urge th creation of the office of market Inspector and as soon as they leave the Council men proceed to take action. Page 16. Chinese and Japanese quarters are to be put In sanitary condition." Page 11. Henry Jame. the novelist, spends a day Id town. Page 7. Big battle-in the land frauds- cases begins In court. PagCjl. . . . Fisher withdraws from thev Mayoralty .con test In favor of Williams,' Page, 8. .. , CANNOT LIMIT HOUnS OF WORK Supreme Court Declares New York Baker's Law Is Unconstitutional. FOUR MEMBERS ADVERSE Justice -Peckham, in Giving Hl9 De cision, Says Exercise of Rights of Contract Cannot Be Interfered With. 'WASHINGTON', April 17. In aa opinion by Justice Peckham, the Supreme Court of the United States held to be unconstitu tional the New York state law making ten hours a day's work and 0 hours a week's work in bakeries In this state. Justice Harlan, "White, Day and Holmes dissented and Justice Harlan declared that no more Important decision had been rendered in the last century. The opinion was handed down In the case of Lockner vs. the State of New York, and was based on the ground that the law interferes with the free exercise of the rights of contract between in dividuals. The Court of Appeals of the Iltate upheld the law and affirmed the Judgment of the trial court ; holding Lock ner guilty. Judge Parker wrote the op inion of the New York Court of Ap peals supporting the law and the court divided four to three on the question or valldity. Master Baker "Was Fined. The law involved in the case Is section 110 of the New York State labor law, prescribing the hours of labor In bakeries in the state. Lachner Is a baker in the city of TJtlca and was found guilty of permitting an employe to work in his bakery more than 60 hours In a week, and fined $50. The Judgment was affirmed by the New York Appellate Courts. Today's opinion dealt entirely with the Constitutional question involved. Justice Peckham said that the law Is not an act merely fixing the number of hours which shall constitute a legal day's work, but an absolute prohibition upon the em ployer permitting, under any circum stances, more than ten hours' work to be done in his establishment. He con tinued; - "The employe may desire to earn the extra money which would arise from his working m6re than the prescribed time, but this statute forbids the employer from permitting the employed' to earn It. It neessarlly Interferes with the right of contract between the employer and em ployed concerning the number of hours In which the latter may labor in the bakery of the employer. Protected by the Constitution. "The general rights to make a con tract In relation to his business is part of the liberty of the individual protected, by the 14th amendment to the Federal Constitution. Under that provision no state can deprive any person of life, lib erty or property without due process of law. The right to purchase or to sell the labor is part of the liberty protected by this amendment, unle3 there are cir cumstances which exclude the rights." The Justice quoted statistics to show that the trade of a baker is not an es pecially unhealthy one, and said men could not be prevented from earning a living for their families. He concluded: "It seems to us that the real object and purpose was simply to regulate the hours between the master and his em ployes, all being men sui generis, in a private business not dangerous In any degree to the morals or In any real and substantial degree to the health of employe Under such circumstances the freedom of master and employe to contract with each other In relation to their employment and In dtflning the same cannot be pro hibited or Interfered with without violat ing the Federal Constitution." Harlan Speaks for Three. Justices Holmes and Harlan both de livered dissenting opinions and Justices "White and Day concurred In Justice Har lan's views. He said In part: "I do not stop to consider whether any particular views of this economic question presents the sounder theory. The question is one about which there Is room for debate and for an honest dif ference of opinion. No one can doubt that there are many reasons, based upon the experience of mankind, in support of the theory that, all things considered, more than ten hours' steady work each day, from week to week. In a bakery or confectionery establishment may en danger the health, imnalr the usefulness and shorten the lives of the workmen. "If such reason exists, that ought to be the end of this case, for the state Is not amenable to the Judiciary'. In respect of Its legislative enactments, unless such enactments are plainly, palpably, beyond all question. Inconsistent with the Con stitution of the United States. "We are not to presume that the State of New York ha3 acted in bad faith. State Actexl in Good Faith. "Nor can we assume that its Legislature acted without due deliberation or that It did not determine this question upon the fullest attainable Information, and for the common good. "We cannot say that the state has acted without reason or that Its action is a mere sham. "Our duty, then, is to sustain, the stat ute as not being inconsistent with the Federal Constitution, for the reason and such is an all-sufficient reason It is not shown to be plainly and palpably Incon sistent with that Instrument. Let the state alone in the management of Its purely domestic affairs so long a3 It does not appear beyond all question that It has violated the Federal Constitution. "This view . necessarily results from the principle that the health and safety of the people of a. state are primarily for the state to guard and protect and Is not a matter ordinarily of concern to the Na tional Government." BEER LAW IS SUSTAINED, Collection of Inspection Charge Is a Police Measure. WASHINGTON, April 17The Supreme Court of the United States today affirmed the decision of the Circuit Court of the Western District of Missouri in the case of Pabst vs. Crenshaw, attacking the validity of the beer-Inspection law of the State of Missouri. The effect of this de cision is to sustain the law as not antag onistic to the commerce clause of the Constitution. The decision was delivered by Justice White. The Chief Justice and Justices Brewer, Brown and Day united in a dissenting opinion. In this case the Pabst Brewing Com pany, a "Wisconsin corporation, filed a bill in the United States Circuit Court for the "Western District of Missouri, to en Join Grenshaw, the State Beer Inspector, from collecting an Inspection charge im posed by a state law on malt liquors shipped from other states. The law was attacked as repugnant to the Interstate provision of the National Constitution, but Justice White said: "As the Supreme Court of Missouri has determined that the statute does not conflict with the state constitution and Is valid because it Is a police regulation Imposing conditions upon the business of manufacturing and selling beer In Mis souri, a traffic which It Is conceded the state had the power to prohibit entirely. It follows that we are without power, from a consideration of the state constitu tion, to treat the law as invalid because of the revenue provisions of the state constitution or other limitations imposed by that constitution upon the state gov ernment." Justice Brown was the spokesman for the dissenting Justices. He said In part: "The consequences of this decision seem to me extremely serious. If the states may In the assumed exercise of police powers enact Inspection laws' which are not such in fact, and thereby indirectly Impose a revenue tax on liquors, it is dif ficult to see any limit to this power of taxation or why It may not be applied to any other articles bought within the state." GRAVEDIGGER CAN DRIVE. Secretary Shaw's Neck "Would Xot Be in Danger. WASHINGTON, April 17. The recent employment by the Government of an alleged gravedlgger as coachman to Secretary of the Treasury Shaw, under certification from the Civil Service Commission, was reviewed In the issu ance of a statement today by Commis sioner Cooley. The statement 'defends the three names certified, from which Secretary' Shaw could choose. It shows that the alleged gravedlgger was for many years coachman to the superin tendent of the Government Hospital for the Insane, and Mr. Cooley states there has been no criticism of his ability to perform the duties of coachman. Mr. Cooley then proceeds to show that the fourth name on the eligible list, Robert B. Shepard, was the one Secretary Shaw apparently wanted to reach. According- to Mr. Shepard's sworn statement, he had not driven a horse for several years. Mr. Cooley concludes as follows: "Our action In this case was dictat ed solely by a desire to guard the Sec retary of the Treasury from possible physical injury at the handa of the ap parently inexperienced driver who was being forced upon him by political in fluence. Try Machcn, Lorenz and Crawford. WASHINGTON, April 17. United States District Attorney Beach announced today that the trial of Machen, Lorenz and Crawford on a charge of conspiracy la connection with Postofflce frauds- will be gin here May 2. MAYOR AT WS WITS' END Gives Hope of Settling the Chicago Teamsters' Strike. CHICAGO. April 17. After a confer ence held late this afternoon with the representatives of the union teamsters. Mayor Dunne announced that he had practically given up hope of settling the Montgomery Ward & Co. strike. "I will hold conferences tomorrow," said the Mayor, "with representatives of both sides, but I have no idea at the present time that anything will result from the meetings." There were nurrierous disturbances In the streets during the day, and others around the freight houses. Several non union men on their way home were followed by strike sympathizers and badly beaten, one of them, Henry Au ten, being beaten so badly with brass knuckles that he may die. The most serious disturbance of the day occurred late in the afternoon at the intersection of State and Madison avenues. A mob numbering fully 2000 people gathered about a State street cable car, on which James Jackson and Mose3 Flood, two colored men, who had driven a wagon to Montgomery Ward & Co.'s, were riding. Stones and sticks were hurled at the car. and in a twink ling every window in the car was smashed. Two policemen rushed into the car and In order to protect the col ored men placed them under arrest. A riot call was sent to the central station, and It required 20 officers, who responded In 30 minutes' time, to drive the crowd away and open the streets to traffic USE PROSCRIBED LANGUAGE Petitions to Governor-General Pub lished in Polish Tongue. WARSAW, April 17. Something of a sensation has been caused by the simul taneous appearance .in all the Polish papers of a petition to the Governor General in the Polish language. Zemstvos for Siberia. ST. PETERSBURG, April 17. An Im perial rescript Issued today orders Count Kutalszoff, Governor of Irkutsk, to elab orate a scheme for the Introduction of Zematvos in Irkutsk, Tomsk and Tobolsk In accordance with the suggestions of the imperial ukase, adding that the develop ment of emigration to Siberia from Euro pean Russia necessitates' some form of popular representation. Pope Issues Encyclical. ' ROME. April 17. The Pope today ad dressed an encyclical to all the members of the Roman Catholic cpisconacy throughout the- world on the manner ot teaching the Christian doctrine. FINTIC BOYS Ml CHUSHEDTO DEATH Scared by False Alarm of Fire, They Pile Up in Nar row Space. OVER A SCORE INJURED Hundreds Were Waiting on the Staircase of the Indianapolis Masonic Temple for Dis tribution of Tickets. INDIANAPOLIS. Ind.. April 17. Fren zied by a false alarm of fire, several hun dred eager newsboys, struggling to obtain their share of free tickets to a local thea ter, which were being distributed by a traveling representative of a patent medi cine company stampeded In a narrow stairway In the Masonic Temple tonight, crushing the life out of four boys and seriously Injuring several others. The dead: EDWARD MORRISSEY. aged 12. LOUIS SCHEIGERT, aged 15. FLOYD POLAND, aged 8. HOMER WILLIAMSON", ased II. The seriously Injured August Gvertree. ased 13; Calvin Collester. aped IS; Talmadse Walters, aged 0; Fred Walters, aged 10; Jay James, Edward Meany, Roy Washburn. Oscar Sattlnger; unidentified boy of 13. may die. Twenty-three others Buffered Injuries. One Boy Yelled "Fire." Long before the time approached for the distribution of the tickets, the stairs of the Masonic Temple, at the southwest corner of Washington street' and Capitol avenue, were crowded with a pushing, yelling crowd of newehoys, each anxious to be first to receive his pass. When the distribution began, the excitement became more intense and the efforts of several policemen who had been detailed to pre vent trouble were unavailing. It Is alleged that one of the boys In the endeavor to hasten the exit of those who had received their passes, ehouted "Fire!" Immediately those at the top faced about and almost with superhuman strength began to force their way to the bottom of the stairs. x Shrieks and physical encounters fol lowed for a few seconds, when from some cause those near the top fell headlong on the struggling mass at the bottom. Im mediately policemen from the Central sta tion, who responded to a riot call, began the work of rescue. Four of the boys were dead when ex tricated from their position at the bottom of the stairs. Others, believed to have been fatally crushed, were taken out a3 fast as they could be disentangled from their frenzied companions, who fought and clung to each other In desperation. Staircase Drips With Blood. The immense crowd of people from the business district, attracted by wild ru mors, jostled about the bottom of the stairs and hampered the work of the po lice and ambulance corps. The dead were hurriedly placed In am bulances and sent to the morguo for Iden tification. The seriously Injured were sent to the city hospital and the city dispen sary, while many who received only slight Injuries were made comfortable In car riages and sent to their homes. After the injured had been taken from the scene of death and the crowd had left the sidewalk, the sight presented by the stairway and walk In front ot the door and In the upper hallway was grew some In the extreme. Blood trickled down the steps. Fragments of clothing and flesh were strewn here and there. The accident evidently had little effect on about 40 boys, who, after the excite ment was over, went to the theater. PANIC PAST AT TONOPAH State Officer Reports Conditions as Improving1. RENO, Nev., April 17. The Reno Ga zette today received tho following tele gram from Dr. S. L. Lee, secretary of the State-Board of Health, who was sent by Governor Sparks to Tonopah to In vestigate the health situation there. "Considerable sickness, but reports greatly exaggerated. There have been 43 deaths from the disease since Decem ber 31. In March there were 20, and in April 19. Three died on March 17 and three April 11. the greatest number in one day. Sanitary conditions are bad, but Improving. S. It. X.FK." When It Is taken into consideration that the population of Tonopah Is about 5CG0 and that conditions during the past few weeks have been unusually bad, It can be seen that 48 deaths In over three months-.glve no foundation for the start ling rumors that have been circulated. The situation in this part nf the state is about the same as before the panic was started, a feeling of fear having been replaced by confidence. Death Rate Is Increasing. CHICAGO. April 17. In closing his 10 years of service as Commissioner of Health for the City of Chicago, Dr. Ar thur R. Reynolds presents in his an nual report significant data showing the decrease of the death rate In the city. During the 10 years from 1SS5 to 1S94, inclusive, the yearly average rate of death was 20.02 In every 1000 of population. During the succeeding 10 years the rate decreased to 15.1 in every 1000 ot population. This means that there were 96,034 fewer deaths during the last decade than there would have been If the death rate had not fallen below that of tho preceding; 10 years. Made 3Unister to The Hague. ST PETERSBURG. April 17. M. Tscharikoff, a member of the court of the Foreign Ministry, has been appoint ed Russian Minister to The Hague. I mi ioi.2