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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (April 26, 1905)
VOL. XLV. NO. 13,847.
POBTLAND, OREGON, WEDNESDAY, vJPRIL 26, 1905.
PEICE FIVE CENTS.
Abatement Plea Is of
JUDGE BELLINGER RULES
Attempt to Invalidate Indict
HENEY'S GREAT VICTORY
Legality of Grand Jury's Organiza
tion "Upheld Contention Tliat
District Attorney Showed
Prejudice Swept Aside.
Senator Mitchell will be tried upoa the
indictments returned against him by the
Federal Grand Jury lor complicity in the
Oregon land frauds, and that at the
earliest opportunity. The attempt of
Judge Bennett, his attorney, to check
the course of the trials or to quash the
indictments returned by the jury through
the plea In abatement argued a week ago,
was futile, and yesterday morning Judge
Bellinger, by his decision, gave a sweep
ing victory to the cause of the govern
ment when he sustained every objection
entered by District Attorney Heney to the
At every point, as the court took them
up one at a time, the cause of the gov
ernment was upheld and the pleas of the
ricftnso overruled. .Only in one case was
there partial -victory lor the defense, and
even there the concession, granted both
bv the court and the district attorney,
was nullified by the action of the defense
in insisting for trial by jury instead of
trial before the court alone. This was
in regard to the contention that. !eorgc
Gvistin was not a naturalized citizen of
the United States. Judge Bellinger ruled
that as this allegation, if true, would dis
qjallfy Guistin as a jiiror, it would? be
permitted that the facts be tried before
the court by the filing of affidavits and
counter affidavits by the government and.
the defense. Judge Bennett refused to
try the issue without a Jury, thus throw
ing all the points in the decision onto
the side of the United States.
Decision of Important Effect.
To the mind of the layman the de
cision bears no force unless the effect
of a decision adverse to the government
is realized. As it stands, the court has
sustained the legality of the grand jury's
actions, and has validated the indict
ments returned by that organization. The
trials are now .ready to proceed without
further delay, as soon as the demurrers
are argued, which are now pending and
for which provision has been made.
If, on the other hand, Judge Bellinger
had sustained the plea of Senator Mitchell,
which by stipulation also applied to all
other Indictments returned by the jury,
it would have meant long and vexatious
delay in the trial with a possible nulli
fication of all work done by the jury.
If the plea had been sustained, it would
have been necessary to try out the is
sues of fact alleged in th.e plea before
a jury. The qualifications of the jurors
attacked would have been proved or dis
proved, the citizenship of Gulstin would
have been tested by evidence, evidence
as to the prejudice of Heney would have
been heard, all of the allegations made
would have been made clear to the jury
sitting on the case, and bad the defense'
been successful the indictments would
have been quashed and all or the months
of effort on the. part of the grand jury
lost and ' their acts have been null and
The decision therefore was vital to the
cases at issue and upon it depends con
tinuance of all the causes now pending.
If the indictments had been quashed, the
government would have been compelled
to summon a new grand jury to go over
once more all of the evidence presented
to the jury just adjourned, and new In
dictments returned, if In the opinion of
the jurors the evidence justified, such
The Federal Courtroom was crowded
"by attorneys yesterday mornings when
the Judge took his place upon the
bench, many of the most prominent
men of legal attainment in the state be
ing present to hear the "decision of the
court, which was of such vital moment
to the early settlement of the cases now
pending. Judge Bellinger read, his opin
ion, which was an exhaustive resume of
the arguments made both for and
against the plea in abatement, dealing
with many authorities bearing on the
question at issue. Each point raised
in the plea was gone into In detail; the
qualifications of the jurors, the legality
of the panel, the method of selection,
the action of the court in excusing jur
ors, the qualifications of Mr. Heney, his
alleged prejudice and the effect of his
presence "before the jury, all being con
sidered in turn. On each and every
point the holding of the court was for
the Government and against the plea.
In the case of George Guistln, where
the defense alleged that the Juror was
not a naturalized citizen of the United.
States, the court held that Inasmuch as
the Government had expressed willing
ness to try the conclusions of fact in
volved it would be 'decreed that such
trial could be held before him, .sitting
in open court, but that the contention
of the cpunsel for a Jury trial would not
be allowed. -The court also held that
for purposes of an appeal and to have
record in court he would allow Mr.
Heney to flic his affidavits 'denying
prejudice, if he eo desired.
Heney Will File Affidavits
At the conclusion of the 'decision
Heney grave notice that he would file
his affidavits 'in regard to the citizen
ship of Guistin at once, and asked
whether or not the defense would fol
low the same course by filing counter
affidavits. This the defense refused to
do, maintaining the attitude that it
should be allowed trial, of the question
by jury, and not before the court alone.
This being 'denied by Judge Bellinger,
It was asked by Bennett that the con
tention be" entered upon the record for
possible future use in an appeal.
It was further provided that the de
cision of the court in regard to the
Mitchell plea should be- extended to all
the pleas offered, the same, objections
and reservations being made in each
case as though the different pleajlffiad
been argued and submitted separately.
It was agreed between the attorneys
in the Mitchell and the "Williamson and
Gesner cases that the demurrers now
filed would be submitted in brief to the
court, the defense being given ten days
in which to prepare its argument, the
Government ten days in which to reply
and the defense an additional two 'days
in which to answer and file, any neces
sary stipulations or motions resultant
from the answer of Mr. Heney. The
demurrors will be out of the way by
the time the jury is called, and there
will be no further cause for delay that
can be invoked to prevent the cases
coming to trial as soon as set by the
The jury will be called as soon as it
is known when the new courtroom will
be ready for the cases to be tried. After
finishing up what routine business re
mains In connecyonrfeith the pass,now
pending Mr. Heney wilf -leave for San
Francisco to attend to private business,
which is demanding his attention there.
Question of Heney's Prejudice.
One of the most interesting- por
tions of Judge Bellinger's decision was
that relative to the prejudice alleged
by the plea to be entertained by Dis
trict Attorney Heney for Senator
Mitchell. The court held that the al
legation was mere opinion, not sup
ported "by evidence of fact of which
the court took no cognizance. In treat
ing of the question Judge Bellinger
The ground of the fourth plea is that
Francis J. Heney is not a" permanent resi
dent of this district, but resides in the
State of California, and that because of
such pon-resldence he could not lawfully
act as District Attorney.
The principle is settled that there is a
presumption from the undisturbed exer
cise of a public office that the appoint
ment to It Is valid. In the present case it
is not questioned that the court had au
thority to make a valid appointment to
this office, and that it did appoint Mr.
Heney. and that during the performance
by him as District Attorney of all the
acts and things complained of he was In
the undisturbed and unquestioned exercise
of that office. His right to the office can
not be attacked collaterally. "Whether he
is In fact ineligible to hold the office is
not material to the purposes of this In
quiry. He is a de facto officer, and is en
titled lo continue in the office until it, is
Judicially declared by a competent tribu
nal, in a proceeding for that purpose, that
he has no right to it. S Bncy. of Law,
788. citing a large number of cases.
In the "case oLih re. Mannings 133 U. S.-
wh, a conviction is -upneic wnicn was
had in a, trial before a de facto Judge of
a court de jure. -The case was from "Wis
consin, where the rule is recognized In a
long series of decisions that "If the office
has been lawfully established and a per
son exercises the functions thereof by
color of right, but whose election or ap
pointment thereto is illegal, his official
acts therein cannot be successfully at
tacked in collateral proceedings, but in all
such proceedings will be valid and binding
until the officer Is ousted by the judgment
of a court In a direct proceeding to try
his title to the office." The rule is re
quired by public policy. As stated by
Justice Story, In the Bank of United
States vs. Danbridge, 12 "Wheat. 64, for the
purpose of "upholding transactions inti
mately connected with the public peace
and the security of private property," the
law indulges in Its own presumptions,
"thus It will presume that a man acting
in a public office has been rightfully ap
pointed; that entries made in public books
have been made by the proper officer," etc
Matter of Opinion.
As to the other grounds of objection to
the indictment, that Mr. Heney has been
very prejudiced against the defendant and
very a'ctlve in working up feeling against
him, and has been very vindictive and bit
ter in his prosecution of this charge, these
are matters of which this court cannot
take cognizance. A prosecuting officer
may not Infrequently appear active
against a defendant and bitter and vin
dictive in and out of court. The feelings
and interests of a defendant tend to create
in him an unfavorable opinion respecting
the attitude of the prosecuting officer to
ward him. "What Is alleged Is a mere
matter of opinion, and as to the effect of
the conduct attributed to the District At
torney by that opinion, no opinion is ex
pressed; and, if there was In fact evidence
of the facts to which the opinion relates,
it could not affect the legality of what
has been done or afford ground for set
ting . the indictment aside. The officer
may, as alleged, have "greatly Influenced
the grand jury to find this Indictment." It
Is not stated how this Influence was pro
duced, Whether by the production of evi
dence before them and pertinent sugges
tion respecting It, or otherwise. It is
stated that "if said Francis ,J. Heney had
not so unlawfully appeared" before the
grand jury, this Indictment would not
have been found. All this cannot be
other than mere opinion. If he had
"lawfully" appeared before them, the pre
sumption is that the same result would
have followed. In other words, Mr. He
ney's influence with the grand jury can
not possibly bo said to have been affected
by his residence, and that is the ground
of his alleged disqualification to hold the
Indefinite and "Vague.
All these matters and those which relate
to his alleged presence while the grand
jury was .deliberating; to his arguments,
denunciations, intimidations, etc., arc in
definite and vague. The District Attorney
may explain both his case and his law to
the jury. United States vs. Cobban, 127
Fed. 713. If he went beyond this, his acts
may constitute an Irregularity, but the
case must be extreme before the court
will try the District Attorney or the
grand jury, or both, In order to determine
whether it will try a defendant. Instead
of conclusions and opinions, there must be
something tangible justifying a presump
tion of injury to the defendant in a sub
stantial right before the court will inter
fere, assuming that it ought to do so upon
any state of facts of the character indi
cated. Similar questions to those presented
upon this ground of the plea were con
sidered by Judge Deady in United States
vs. Brown, 1- Saw.i 533 (Fed. Cases No.
14671), and. in. that' case the .court said:
Neither the motion to set nsideoior the
motion to quash :wl!l He. where. -the objection-does
no t appear or arise upon: tho.
kcbncludedlcn Page liiy
MM Hi HYDE
Lifetime Friends Cannot Credit
That He Has Become an
KNEW HIM AS MODEL MAN
Always JRcady to Help Young Men,
Lover of Children, 3Ian of Broad
Humanity Puzzles JJelgh
' bors by Great Crime.
MILWAUKEE, April 25. (Special.)
Where do the Jekyll and the Hyde of
Frank G. -Bigelow blend?
"What has made this man the most
loving of husbands, the sincere friend of
scores of ambitious young men the most
notorious bank defaulter of recent years?"
asked one who has known him for many
"Why," said Charles Pfister, one of the
biggest Germans of the city, "I would
havo trusted him with my life. Think of
Frank as a defaulter! But now"
That he speculated, nearly all his bank
associates here and in Chicago knew, but
that he was robbing by hundreds of
thousands to carry himself over the shoal3
of the market none hut his accomplices
Only last September, addressing the
American Bankers' Association in the
Waldorf-Astoria, he said:
"However much prejudice there may ap
pear to be at times against bankers, our
business is of the utmost usefulness and
Importance and the tight pursuit of it,
SUMMARY OF PLEAS IN ABATEMENT AND JUDGE BELLINGER'S DE
CISION SUSTAINING GOVERNMENT'S OBJECTIONS
WHAT TUB PLEAS IX ABATEMENT SET OCT.
That grand Jury returning indictment against Sena
tor Mitchell was not regularly organized or empan
eled 'for the following reasons:
First W. E. Robertson was excused without cause.
Second Carl Phelps was excused, although taking
part in the investigation. Third That George
Pc.ebler and Fred G. Buffum were added to the grand
Jury, after it had partially investigated the' charges
against Senator M--Il Fourth That GeorL
Gulstin was not qualified, being an alien. Fifth That
Frank Bolter and Joseph Essner,. grand Jurors, were
not upon theprficoding or any assessment roll of: any
county in the state, or taxpayers In counties of their
residence. Sixth That F. J. Heney was not a resi
dent of the state, and therefore was not legally a Dis
trict Attorney; that he was prejudiced against Sena
tor Mitchell and worked up feeling against him in
the newspapers .and otherwise; that he was vindictive
and bitter In his prosecution before the grand Jury
and Influenced the jury to bring the indictment.
Seventh That Francis J. Heney prejudiced Senator
Mitchell during the deliberations of the grand jury,
hy arguments and denunciations against him and by
threats and Intimidations towards members of thjs
SUMMARY OF JUDGE BELLINGER'S DECISION.
A Qualified Jaror Must Be: "1 A citizen of the
United States. 2 A male inhabitant of the county
in which he is returned, and who has been an inhabit
ant thereof for the year next preceding the time he
Is drawn or called. 3 Over 21 years of age. 4 In
the possession of his natural faculties and of sound
mind. Nor is any person competent to act as a Juror
who has been convicted of any felony or a misde
meanor Involving moral turpitude."
Property Qualification Not Necessary It has -never
been decided in this state, so far as appears, that a
property qualification is necessary to the competency
of a Juror. A person may be a property-owner and
taxpayer whose rime is not upon the particular role
mentioned In the section In question. There may be
a Sheriff's assessment of property subsequent to the
making of the list by the Qounty Court from the As
sessor's roll, and equally conclusive of the fact that
the party assessed Is a taxpayer. Furthermore, it Is
common knowledge that many of the largest prop
erty Interests are assessed In the names of corpora
tions or of trustees. If the names of the stockholders
and beneficiaries are not upon the assessment roll,
nevertheless they are under the honds of self-interest
to maintain good government equally with those
whose names are there. If the Legislature Intended
that a person should not be qualified to sit on a jury
unless he Is a taxpayer in the county or his name
is on the county assessment roll. It must be presumed
that these disqualifications would have been Included
with those specified In section 965. It is clear that th
positive disqualifications enumerated by one section
of such a law cannot be added to by the mere impli
cation of another section.
Objection to RcKTilarlly Not Qualification It is ob
vious that these objections do not go to the quali
fications of the Juror, but to the regularity of the
proceedings by which the jury is organized. The ef
fect, then, of the statute prescribing the grounds upon
which an indictment may be set aside is to limit the
disqualification of grand jurors to such grounds. Now,
the Oregon statute does not permit pleas In abate
ment to indictments upon any ground. It provides
for settinjr an Indictment aside upon motion upon
certain specified grounds, and the grounds so speci
fied do not include any of those upon which the pleas
in abatement are based in -this case.
Robertson and Phelps Excused for Casse Upon the
argument the objection relating to the discharge of
Robertson was waived by the attorneys for the do-,
fendant. and doubts were expressed by them as to
the validity of the objection relating to the discharge
of the juror Carl Phelps. The record shows that these
jurors were discharged "for good cause shown to the
Records of Court Contradict Pleas The record Qf
the court shows that the Jurors, Feebler and Buffum.
were summoned at the same time with the other
jurors;- It also contradicts the allegation of the plea
that the grand Jury had "partially investigated" the
charges upon which this indictment was found be
fore these jurors were sworn in. The record shows
that on October 25, 1904. Feebler was. sworn in; that
the grand jury on that day reported to the court that
it had "completed all business brought to its atten
tion," and that it was therefore excused until such
tlme as it should be convened by order of , the court:
that thereafter, and on December ID, 1904,. the grand-'
jury was reconvened, and that so being, Buffum was
duly sworn In, after which the grand jury retired. So
that the grand Jury. . having on. October" 25; after
Peebler -was sworn in. ""completed all huslness'brought"
In its broader and better aspects, re
quires all the courage and all the con
servatism we can command."
Today he stands self-confessed to hav
ing done all that his utterances of last
year forbade. -
Results of His System.
Then he quoted the old lines:
Our little systems have their day.
They have their day and'eease to be.
"His 'system has had its day and come
to the full light of ' the law he before
the bar of justice; at home a wet-e:ed
wife; on the streets dishonored friends;
In the distance the gates ajar of a prison'
said a friend, and he added:
"It is hard to reconcile these two sides
of the character of Frank Bigelow. Per
haps Milwaukee, where he was so well
known and honored, will never fully grasp
them. Even if he would talk and strive
to analyze all the" raoUvcs'th&tTlchiiu
to walk two ways,'--it is doubtfupif -?he
could make it clear. Yet In his darkest
hour one writes of him:
. Warm Friend of-Young 3llch; '
" 'He was- 'humanitarian of the broad!)
est type. He has made mo?e young busl-l
ness men than any man In the Middle.
West. He loved young men. He loved
children. Never yet have I heard of a
worthy young man in business trouble
being turned away hy him. His glorious
smilo would give a gleam of welcome and
hope to the humblest of those seeking
his aid, and with the smile would go the
help needed. It is said here that he has
started a thousand young men in busi
ness and that not one of them failed.
" 'The law can give no pity, can make
no exceptions, but you who judge this
man, remember the other side: remember
that there are thousands of us whose
hearts are bleeding for the man we loved,
for this man who has stood by us in
our hours of trouble; remember this and
be charitable.' "
A JcUyll and a Hyde in Him.
In the face of such a tribute can the
psychologist answer why, from Decem
ber last to April 21 of this year, Frank
Bigelow day after day connived at the
falsification of the books of his bank,
made an assistant cash'er and possibly
two bookkeepers criminals, and one of
these a fugitive from justice, plundered
(Concluded on Fourth Page.)
to its attention," began, on December 19, the consid
eration of matters not theretofore brought to its at
tention, Buffum being sworn in and retiring from the
courtroom with the other jurors for that purpose.
The Indictment In question was returned on 'the first
day of the following February. Phelps was excused
on the 27th. of January. With the exception of Phelns
the personnel of the grand Jury was not changed
durinjr the period covered by its investigation of the
chargo" in question, nor. thereafter up to the time
of Its final discharge. These facts do not admit of
Heney Qualified Until Proved Otherwise The
ground of the fourth plea is that Francis J. Heney
is not a permanent resident of tbi3 district, but re
sides in the State of California, and that because of
such nonrcsldence he could not lawfully act as Dis
The principle Is settled that there is a presumption
from the undisturbed exercise of a public office, that
the appointment to it is valid. In. the present case
it Is not questioned that the court had authority to
make a valid appointment to this office, and that it
did appoint Mr. Heney, and that during the perform
ance by him as District Attorney of all the acts and
things complained of -he was in the undisturbed and
unquestioned exercise of that office. His right to the
office cannot be attacked collaterally. "Whether he is
in fact ineligible to hold the office is not material to
the purpose of this inquiry. He is a de facto officer
and is entitled to continue in the office until It Is Ju
dicially declared by a competent tribunal, in a pro
ceeding for that purpose, that he has no right to it.
Alleged PreJadlce Mere Opinion As to the other
grounds of objection to the indictment, that Mr. Heney
has been very prejudiced against the defendant and
very active In working up feeling against him, and
has been very vindictive and hitter in hl3 prosecution
of this charge, these are matters of which this court
cannot take cognizance. A prosecuting officer may not
Infrequently appear active against a defendant and
bitter and vindictive in and out of court. The feel
ings and interests of a defendant tend to create in
him an unfavorable opinion respecting the attitude of
the prosecuting officer toward him. "What Is alleged Is
a mere matter of opinion, and as to the effect of the
conduct attributed to the District Attorney by that
opinion, no opinion is expressed; and, if there was in
fact evidence of the facts to which the opinion re
lates. It could not affect the legality of what has been
done or afford ground for setting the indictment
aside. In other words, Mr. Heney's Influence with the
grand jury cannot possibly be said to have been af
fected by his residence, and. that is the ground of his
alleged disqualification to hold the office.
Pleas Allowed by Statute The only plea In addition
to the pleas of "guilty'' and "not guilty" allowed by
the statute is the plea of former conviction or ac
quittal, and there are only two grounds upon which
an indictment of these is included in the pleas in
Section 1349 provides that "the indictment must be
set aside by, the court upon the motion of the de
fendant in either of the following cases: 1 When it
is not found Indorsed and presented as prescribed in
chapter 7 of title IS of this code; 2 When the names
of the witnesses examined before the grand jury are
not inserted at the foot of the indictment or indorsed
There Is no other provision for setting an indict
ment aside, and the express mention of this mode Is,
of course, the exclusion of any other.
Objections Mnst Be Addressed to Court It followjs
from these considerations that all objections to an in
dictment not provided for as hereinbefore set forth
must be addressed to the court for the exercise of it
discretion; and when it is made.to appear that there
has been fraud practiced, or other acts committed,
that impair a defendant's substantial rights, the
court In the exercise of a sound discretion will grant
Ceatentlon of Defense Nbf Granted The objections
to the several pleas are sustained, and said pleas are
ordered dismissed, except as to the plea by which the
objection to George Guistin on the ground of alien
age Is made. The facts alleged In that case consti
tute a positive disqualification by the state law, and
while under the State Court rule, which is a rule of
procedure in this court, the objection to this juror
cannot now be made, yet in view of the statement of
the District Attorney, made on the hearing that If the
court should decide adversely to the defendant, yet
out of abundant cautioii. he desired to meet this ob
jection upon the facts, I will afford him the oppor
tunity to do so. This he may do by filing the affi
davits offered on the hearing, or by testimony In open
court, with the right, of course, on the part of the de
fendant-to file, counter-affidavits or to introduce testl-
roonyito meet3tbatproducedrby the Government. .
FORM A POOL
oHhe Product Is in the
SUIT TO RESTRAIN IS FILED
A. C. Her Asks lor a Temporary In
junction, Iiater to Be Made. Per
manent to Prevent With
drawing of Hops.
Now lot the. price of hops go up. The
growers of Oregon have formed a pool
and stepped out of the market. Eastern
brewers, with empty or partially filled
warehouses, shorts, who thought they
were wise and contracted to deliver at
low prices, and false prophets in the
hop trade generally have had their day.
It is the farmers' inning now. Oregon
has set the pace, and the hop markets of
the world will have to follow the lead.
At the growers' meeting at the Hotel
Portland yesterday 13,895 bales of hops
raised in this state were withdrawn
from sale. There are only about 17,000
left unsold in Oregon, consequently the
success of the movement is assured.
Moreover, it is "known that of the hold
ers of the remaining 3000 bales the ma
jority have signified their approval of
the pool and will add their names to the
agreement as soon as they have the
Sixty of the leading growers of hops
in Oregon were in attendance at the
meeting. A careful canvass of "those
not present" showed that only about
ten growers of prominence in the state
failed to attend. Some were unavoid
ably detained, others probably kept
away from lack of Interest, but their
absence could not prevent the success
of the meeting. It was an absolutely
unanimous affair, and every proposition
made "by the promoters of the move
ment was carried enthusiastically.
Hold Two Sessions.
Two sessions were held. . one at 2
o'clock In the afternoon and the other
at 8 P. M. A permanent organization
was effected under- the name of the
"Oregon Hop Holders' Protective Asso
ciation," with office at Salem. The fol
lowing officers were elected:
President, Conrad Krebs; vice-president,
William Egan; secretary, James
WInstanley; treasurer, T. A. Biggs;
executive committee, J. P.. Cartwrlght,
J. F. Fletcher and J. F. Sewell.
The following resolutions were adopt
ed, which state clearly the reasons for
the organization and the objects it is
intended to attain:
"Whereas. "We, the holders of hops In the State
of Oregon, believing the price of hops has been
maintained at its present level by means of
manipulation by interested parties; and,
"Whereas. "We believe the intrinsic value of
cur hops ia from 30 to 40 cents per pound: and.
Whereas. It is not our desire to hamper trade,
but to obtain such price for our hops as ex
feting conditions suggest wc are entitled to;
now therefore be It
Resolved. Tbat we, the hopgrowers of Ore
gon. In meeting assembled at Portland, this
the 23th day of April, 1003, hereby signify our
Intention of holding our hops until the 1st day
of August, 1805. or longer, unless before that
time the price of hops shall have reached over
30 cents per pound.
Not a Dissenting Vote.
There was not a dissenting voice when
the resolutions were put to a vote, but
they were carried with an "aye" that
resounded throughout all the corridors
of the big hotel. The step had been taken
in a move that is to raise the price of
hops all over the world, and the meeting-
then adjourned and the members of
the newly formed organization dispersed,
well satisfied with what they had done.
What threatened for a time to mar the
enthusiasm of the meeting was the news
that Injunction proceedings against the
"proposed combination had been institut
ed. As the hopmen learned more clearly
the nature of the case their apprehension
was allayed and the business for which
they had gathered proceeded. The suit
was filed in the State Circuit Court yes
terday by A. C. Her, a hop dealer. The
complaint was served on the hopmen by
a Deputy Sheriff while their meeting was
The Defendants to Action.
The defendants named are Conrad
Krebs, T. A. Biggs, M. II. Durst, J. T.
Banzan, James Plncus, W. H. Egan, J.
WInstanley, Henry Clandfield, James
Myer, Marlon Palmer, George A. Sims,
John Cartwright and James Sewell.
Her asks the court to Issue an order re
quiring the persons named to appear at
once and show cause why a temporary
Injunction should not be Issued against
them and all others connected with them
in the formation of this trust, and that
at the final hearing the injunction be
The complaint sets forth that Her is a
hop-buyer and Is interested In the pro
duction and sale of hops and free and
open competition in the purchase and
sale of hops in the market. The de
fendant It is alleged, are all large grow
ers of. bops, and have on hand quantities
of hops which they are holding, and with
others are holding all hops heretofore
grown by them for the purpose of form
ing a pool, combination and trust. The
purpose of this,, it is averred. Is that no
one may be able within this state to
purchase any hops without agreeing to
the price and terms they shall set upon
The purpose of the pool, it is asserted,
will be to establish a monopoly so far
as hops in this state are concerned, and
a meeting has been called for that pur
pose, and unless restrained the pool will
be formed and become a restraint of
trade and unlawful. Bernstein & Cohen
appear as attorneys for Her.
The hopgrowers discussed this new
phase of the situation and decided to go
on with their organization and pool.
When asked their opinion of the suit,
Conrad Krebs, as spokesman for the
other growers, said:
"We shall pay no attention to the mat
ter. We feel we have done no act that
can be considered Illegal and believe that
by law we are entitled to do with our
hops4 practically as we please."
ONLX ENCOURAGES GROWERS
Filing or Suit Discovers Fright of
SALEM", Or., April 25. (Special.) Hop
growers In this vicinity were surprised,
but not In the least dismayed, upon learn
ing that an injunction suit has been
brought to enjoin the formation of a
growers pool. If the suit has had any
effect upon growers still holdipg hops, It
has encouraged them to hang on. Mark
S. Skiff, one of the heavy holders, ex
presses the views of growers thus:
"There were a few who were in doubt
about the dealers needing all the re
maining hops to fill their contracts, but
in bringing this suit the short-sellers
have admitted the extremity In which
they find themselves. Those who are op
posed to the pool acknowledge that they
must have the hops. This they have been
"It makes no particular difference
whether the courts enjoin the formation
of the pool; the growers will hold their
hops in any event until the price goes
to 30 cents or better. Growers will hold
Individually, if not by agreement. The
courts may enjoin the formation of a
pool, but they won't compel the growers
to sell their hops."
TARIFF REVISION LIVE ISSUE
President Will Insist on Necessity to
AVipe Out Deficit.
WASHINGTON, April 25. (Special.)
It has become the belief among pub
lic men hero that tariff, revision will
become one of the pressing issues this
fall. When the President calls Con
gress together In extra session in Oc
tober it Is understood he will make
those men who have been keeping their
fingers upon the pulse of the National
Treasury and noting the Increasing
deficit feel thoroughly convinced that
a suggestion for tariff revision will
divide honors with a demand for rail
road rate legislation on the President's
Arrested on 3Iurder Charge.
MILES CITY. Mont., April 23. On a
telegraphic description from Little Falls,
Minn., Sheriff Savage today arrested- a
negro suspected of complicity In the as
sault and murder of a young girl near
that place about ten days ago. The negro
refuses to give his. name.
The murder, it is believed, was com
mitted by two negroes. The negro ar
rested today came to town with a mulatto.
whom -the Sheriff has not yet appre-c
NE TO SIT
ON HARR 1 MAN
Morgan, Rockefeller and
Are AH Against His
TO VOTE DOWN BOND ISSUE
Leading Railroad Men Agree to Vote
Their Union Pacific Stock as
Unit to Crush Harriman
BOSTON Mass., April 23. (Special.) It
is learned tonight that Harriman's ambi
tious plan to unite the New York Cen
tral, Chicago & Northwestern and Union
Pacific companies in one "big coast-to-coast
system has been abandoned chiefly
because he has been sat upon by the
allied to James J. Hill.
These four have formed a coalition
which can put an effectual stopper on
Mr. Harrlman at any time that his plans
go counter to theirs or their wishes.
An understanding has been reached by
the so-called Morgan-Rockefeller-and-Hill
Interests in Union Pacific by -which the
holding? of these three will be voted as a
unit in deciding all questions effecting not
only this property but Its relations to
other railroads as well.
3Iay Kill Big Bond Issue.
As a consequence of such understanding,
it Is probable that the proposed $i0O.00O,COO
of tho new Union Pacific stock may not
be authorized at the meeting to be held
May 5 in Salt Lake.
It has been known since the announce
ment of this stupendous financial propo
sition that the Morgan people would resist
Its being effected with all their power.
Mr. Harriman's tactics have offended
many influential men and opposition to
his schemes has been due as much to
(Conducted on Fifth Page.)
CONTENTS TODAY'S PAPER
TODAY'S Cloudy and unsettled, with show
ers. Winds mostly south to west.
TESTEItDATS Maximum temperature. HI
deg.; minimum, 5il. Precipitation, trace
The War In the Far East.
Naval battle not expected by Russia foj
some tiraev Page X.
Reported seizure of Hainan Island by Rus
slan fleet. Page 3.
Russian fleet goes southward to meet Tebo.
gatofTs squadron Page 3.
Russian estimate of losses at Mukden
Czar declares- his purpose to call a Parlla
ment. Page 4.
Rumcrs of impending outbreaks cause terror.
Czar may.grant amnesty at Easter. Page 4.
Ukase proclaiming plan of Congress ex
pected before Easter. Page -1.
Turkish troops desert to Arab rebels. Tage 3.
New constitution for Transvaal. Page 3.
Conference o hsad3 of triple alliance ar
ranged. Page 5.
Attorney-General says rebate on irrigation
material is legal. Page
Secretary Hay a nervous wreck and maj
never return to his office. Page 2.
Secretary Taft declares policy rcgardlnj
Panama Railroad. Page S.
Chicago traction company offers to accept
Tom Johnson's plan of municipal owner
ship. Page 2 .
Bigelow, the defaulter, as Jekyll and Hyde.
Run on Milwaukee banks stopped. Page 4.
Profits and losses on wheat corner. Page 4.
Riotous striking teamsters refused employ
ment. Page 4.
Beef trust charges secret service men with
stealing documents for evidence. Page 3.
Wayne Belvin. Port Angeles promoter, sent
to Jail for libel. Page 3.
President Roosevelt kills Ave bears in two
days. Page -J.
Santa Catalina wins Excelsior handicap at
Jamaica. Pago 7.
Candidates for tho California track team to
the Exposition meet May 6. Page 7.
Peterson tho winner in Pacific University
track try-out. Page 7.
Western Bowling Congress formed at Spo
kane. Page 7.
Tigers make babies of tho Giants In the ball
game. Page 7.
Governor Chamberlain uses lively languaga
in letter addressed to Judge Burnett.
Hessian fly Is said to have gained a foot
hold in California wheat fields. Page 3.
Oregon riflemen will contest with Washing
ton guardsmen and regulars at Amedcan
Lake. Page C.
Los Angeles-Salt Lake Road included In the
Harrlman system. Page 6.
Commercial and Marine.
Ten thousand cases of eggs stored for Sum
mer trade. Page 15.
Short season for California berries. Page 13.
Active demand for early California truck.
Butter probably -not at bottom. Page 15.
Healthy recovery in stock market. Page 15.
Upturn In wheat prices at Chicago. Page
Transport Sheridan leaves early this morning
for San Francisco. Page 5.
Portland and Vicinity.
Rowe and Glafke both have rallies In the
same building. Page 11.
Elks' County Fair has opening night. Page
Oregon Development League will begin Its
sessions today. Page 16.
Hopgrowers form their pool. Page t.
Judge Bellinger decides against the abate
ment plea and Senator Mitchell and oth
ers must stand trial In the land-fraud
cases. Page 1.
Thirty saloons are located near the Exposi
tion grounds. Page 14.
After the dlsbandmcnt of the Columbia
Stock Company most of the actors and
actresses wilt go East. Page 9.
Officers of a company spend a night In jail
on charge of embezzlement. Page 14.
California building at the Exposition Is com
pleted. Page 14.
Lillian E. Tingle, the new Market Inspector,
tells what she hopes to accomplish. Page
Chicago Business men greeted by the Com
marclal Club. ' Page 10.