"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