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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. EAHLY TRIAL FOR MITCHELL Abatement Plea Is of No Avail. JUDGE BELLINGER RULES Attempt to Invalidate Indict ment Fails. 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 plea. 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 void. 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 action. 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 court. 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 said: 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 office. 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 GELQW Lifetime Friends Cannot Credit That He Has Become an Embezzler. 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 years, today. "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 knew. 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 grand jury. 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 court." 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: j . 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 contradiction. 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 trict Attorney. 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 question. 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 thereon." 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 appropriate relief. 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. . HOPGH FORM A POOL About Fourteen-Seve'nteenths oHhe Product Is in the Combine. 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 opportunity. 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 in progress. 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 made permanent. 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 them. 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 Short Sellers. 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 denying heretofore. "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 call. 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 Merger. TO VOTE DOWN BOND ISSUE Leading Railroad Men Agree to Vote Their Union Pacific Stock as Unit to Crush Harriman Ambitious Projects. 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 Morgan-Rockefeller-Vanderbilt interests, 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 The "Weather. 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 Page 3. Russia. Czar declares- his purpose to call a Parlla ment. Page 4. Rumcrs of impending outbreaks cause terror. Page 4. Czar may.grant amnesty at Easter. Page 4. Ukase proclaiming plan of Congress ex pected before Easter. Page -1. Foreign. Turkish troops desert to Arab rebels. Tage 3. New constitution for Transvaal. Page 3. Conference o hsad3 of triple alliance ar ranged. Page 5. National. 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. Politics. Chicago traction company offers to accept Tom Johnson's plan of municipal owner ship. Page 2 . Domestic. Bigelow, the defaulter, as Jekyll and Hyde. Page 1. 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. Sports. 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. Pacific Coast. Governor Chamberlain uses lively languaga in letter addressed to Judge Burnett. Page 6. 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. Page 15. Butter probably -not at bottom. Page 15. Healthy recovery in stock market. Page 15. Upturn In wheat prices at Chicago. Page 15. 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 14. 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 10. Chicago Business men greeted by the Com marclal Club. ' Page 10. COM - t