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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (June 13, 1905)
4 j. 1 VOL.XLV. NO. 13,888. PORTLAND, OKEGOK. TUESDAY, JUNE 13, 1905. PRICE FIVE CENTS. iskskih before de haven Indictment of Senator Mitchell Attacked. ILLEGAL SAYS -THE DEFENSE District Attorney Contends Document is Valid. COURT WILL SOON DECIDE Argument That Indictment Docs Not Charg6 Mitchell "With Being Scnutor WJien Alleged Crime Was Committed. CONTENTIONS or PROSECUTION AND DEFENSE. THE CRIME ALLEGED IN THE INDICTMENT That Senator Mitchell entered into an agreement between Frederick A. Kribs'and A. H. Tanner, by which the firm of Mitchell & Tanner were to ex pedite certain claims In the possession of Krlbs then pending In the General Land Office, which claims had been held up for Investigation owing to ir regularities: that for every claim passed through to patent the defend ant was to receive a fee. Senator Mitchell working in Washington and Tanner in Portland; that fees wero paid and the sep'lce rendered contrary to the Federal statutes governing the conduct of public officials of the Gov ernment. THE DEFENSE CONTENDS BY DE MURRER That the .Indictment Is not definite and certain. In that It does not al lege John 11. Mitchell to have been a Senator at the time of the commis sion of the crime, an allegation made necessary by the fact that his office made his alleged acta Illegal when otherwise they were according to law; that it does not set out a particular terms the special claims for the ex pedition of which fees were alleged to have been paid; that the description of the claims is vague and indistinct and technical, and that the Indictment through Its uncertalnncns docs not form a bar to future prosecution upon the same charge In the case of trial and acquittal or conviction. DISTRICT ATTORNET HENEY CON TENDS That the indictment is definite and certain: that by recitation the allega tion is made that John H. Mitchell was a Senator of the United States at the time of the alleged crime; that the claims set out in general are afterwards particularized in a list given which makes definite the alle gation as to which claims are in volved; that the abrevlations used in the description of the claims In the indictment' are. usual and well known and allowable; that the Indictment Is well founded and contains no defect set out in the demurrer. Under fire- before Judge Dc Haven yesterday morning: was the Indictment accusing John H. Mitchell o accepting a fee for services performed while United States Senator. Severe in their denunciations of the document which sets forth the Government case were the attorneys for the defense. Serene In his denial that flaws could be picked In line after line of the Government's accusations was United States District Attorney Hcncy. Grave, dignified and attentive, while the attorneys un masked their legal batteries, was Judge De Haven, the man who now has the power to bring the case of the United States against Senator Mitchell to a sudden termination, for a time at least, or to cause the trial to proceed to its conclusion and consequent verdict of guilty or not guilty. . Spectators crowded the courtroom to hear the attorneys for the defense. Judge A. S. Bennett, of The Dalles, and ex-Senator John M. Thurston, of Ne braska, attempt to riddle the indict ment which accuses their client, and to listen to Mr. Honey's defense of the document. The alleged crime for which the Gov ernment Is endeavoring to place Sena tor Mitchell on trial consists in ac cepting a foe from Frederick A. Krlbs for expediting claims before the Gen eral Land Office while a United States Senator. This Is contrary to the Fed eral statutes. The issue yesterday was the legality of the indictment Itself, and the principal arguments of the de fense were that the document was loosely drawn, that If tried on Its In definite allegations Senator Mitchell might be agalri placed In jeopardy, and above all, that the Indictment did not even allege that Mr. Mitchell was a Senator at the time of the commission of the crime charged. "One of the essential ailegatlqis of the Government. thundered Judge Bennett. "Is that Mitchell took a fee from Krlbs. That was not a crime, for he had a right to do it. Such an act only became a crime If It was done In violation of a Federal statute. Alone the taking of money as a fee Is not a crime unless It is taken for services performed before a department while a Senator. In a case In which the Government is interested. There Is not the slightest Indication that Senator Mitchell knew of the action of the firm or knew of the work done. "It Is a part of the Government's duty to point out the particular instance in which the fee was taken. This has not been done. The land has not been defi nitely described. The use of abbrevia tions Is not sufficient. They could be understood In the Land Office, but not by an ordinary Individual." 3Ir. Heney's Answer. Mr. Heney very calmly answered the most vital argument of the defense, thai the indictment did not accuse Mr. Mitchell of being a Senator at the time of the commission of the alleged crime. He pointed out thai, in the first statement In tho Indictment It had not been charged directly that Jhe defendant was a Senator of the United States, but that later It had been alleged that the crime had been contracted to be committed and had been consummated while he was a Senator and that the allegation to that effect had been clearly and definitely made. 'Jt Is not stated." said Mr. Hcncy, "that he was a Senator, but it is alleged that he was, by his agreement with Krlbs, td do the work after he was elected Senator, and that he did it while he was a Senator. It may also be argued and supported by law that the court could take judicial knowledge that the de fendant was a Senator. "The Indictment Is not only definite and certain, but It gives gratuitous Informa tion to the defendant. The allegation of the Indictment Is that Senator Mitchell agreed to perform the services Jor Krlbs, knowing .that the United States was In terested: that he did It while 'United States Senator, and that he received money for what he did." Kx-Scnator Thurston attacked that In dictment on technical grounds. 'I In sist," he said, "that the indictment as It stands throws the defendant Into great danger, as It proves no bar to further proceedings. If he were acquitted. It would give no surety that he could not be In dicted for the same offense by another jury. It Is not an Indictment charging In any way the commission of acts necessary to constitute the crime alleged. "I challenge the court and counsol to show that one of these claims set out were pending berore the land office at the time alleged." Taken. Under Advisement. At the -conclusion of the arguments. Judge De Haven took the matter under consideration, stating that he did not know just how long It would require for him to arrive at a conclusion, but that he would consider both the written argu ments Interposed with the demurrer and the oral statements made In court, hand ing down his decision at his earliest op portunity. The court was thon adjourned until this morning at 10 o'clock. New Courtroom Is Crowded. Standing room was at a premlCm In the new courtroom ycstorJay when United States Marshal Charles J. Reed gave the signal that brought the mem bers of the bar and the spectators to thwlr Xeet . uponthe . entrance jot Judge. ' De Haven' to assdme his place upon tho bench. Outside the falling the idly curious filled the seats, the aisles and the corners until no additional man could force his way tnrough the doors Into the room. Inside the barrier the members of the bar of the city filled the chairs allotted, the jury box and the available corners and open spaces of the courtroom. Senator Mitchell sat close to the railing dividing the Inner circle from the spectators' portion of the court room, quietly, as a curiosity seeker would nave sat Only the Intense In terest with which he followed the ar guments of the counsel, the keen scru tiny he gave the Judge and the nerv ous swinging or his foot during tno vital points of the different speeches betrayed that fact that he was other than a chance visitor to the courtroom. Judge Bennett sat at the end of the counsel's tabic beside ex-Senator Thurston, while Mr. Heney sat alone further along the table, surrounded by a mass of. papers and faced by a gooJly array of law books. Joseph Simon, Cyrus A. Dolph. H. S. Wilson, tt The Dalles; Judge Charles Galloway. Judge Thomas O'Day. S. B. Huston and many other of the leading attorneys of the city and the state were grouped around in the courtroom, while people from every section of Oregon at or stood as spectators throughout the two hours And more of argument. After the court had been convened and Judge De Haven had made a few minor orders in different cases brought to his attention, the domurrer In the Mitchell case was announced as ready for consideration. Judge Bennett stat ed to the court It had been his under standing that the demurrers were to be submitted to the court without argu ment, though hi the last few days he uad found there seemed to be same misunderstanding In regard to the pro cedure. With the original understand ing In mind he had prepared and had submitted briefs covering the con tentions of the Jefense and no was willing tne question shoulJ go to the court without argument. If it was agreeable to the court. Judge AsksJor Arguments. Judge De Haven replied that ne would like to hear a short statement of the grounds for demurrer alleged by the defense. He would In addition ex amine briefs submitted, but It was his wish to listen to an oral statement from "the defense and the Government aB to their respective positions. Mr. Bennett then began his argument in which he reviewed the stand made by the defense and attempted to show why the Indictment should not be con sidered legal and binding. He said in .the course of his remarks: "The Indictment is a long one of seven counts, the first five of which relate to Senator Mitchell's receiving money for .services alleged to have been rendered be fore the Interior Department at "Wash ington, while holding office as Senator of the United States. It alleges that Fred erick A. Krlbs, who Is represented to have retained Senator Mitchell to do work for him. was acting fraudulently In the mat ter, that he had a large number of claims pending before the General Land Office at the time the crime is alleged to have been committed by Senator Mitchell. It is alleged that Senator Mitchell's services had been contracted for. knowing that he would transact business before the de partment and expedite the claims. It Is not set out In any definite manner In what particular number of the cases he had received the fees alleged to have been paid. Argues Indictment Is Not Certain. "One ground of the demurrer In this case is that the Indictment is not certain as to the particular transactions pending (Concluded on Page It. J califohs VISlTTHEFftIR Promotion Committee Arrives on Special Train From San Francisco. GOOD WORDS FOR OREGON Men From the, Golden State Willing and Anxious to Join. With Tliclr Brothers of the North .for Common Benefit. Members of the California Promotion Committee took '.complete possession of the Exposition yesterday. From the time of their arrival on the grounds, at 9 o'clock In thenornlng. to the close of the brilliant reception held in their honor in the evening, the very atmosphere was charged with California enthusiasm. The committee's special pulled Into the Union Station at 7 o'clock, and the tired travelers poured from every door, anxious to straighten out the kinks resulting from 56 hours of travel. There were 125 representatives from the Golden State, and they made a great showing. The train was slightly dusty from Its long trip, but gave every evi dence of being one of the roost comfort able conveyances that ever rolled Into the Portland yards. . Show Great Enthusiasm. The Callfomlans had their breakfast at the Hotel Portland, and started for the Exposition Just as soon as the coffee and cakes had been attended to. They hustled along with such vigor that they seemed to ooze out enthusiasm at even pore. , The noise that emanated from Festival Hall after the committee got together at 10 o'clock might have led the unsophisti cated to suspect that a bedlam had dis gorged its Inmates, but not so. It was simply the Callfomlans way of manifest ing their appreciation of the welcome that was being extended by the Fair officials. Andrea Sbarboro presided over the meeting, for he Is president of the com mittee. Introduces President Goode. In introducing President Goode to the Callfomlans. Mr. Sbarboro said: - . "On behalf, of the members of -the Pro motion Committee of California, I sincere ly thank you for your kind reception and encouraging remarks. San Francisco sends, through our committee, a greeting to Portland, and California sends her sal utations to the State of Oregon. Our committee is doing a grand work for Cal ifornia and for the entire Pacjfic Coast. Millions of books, pamphlets and litera ture showing the actual resources of our state without an lota of exaggeration, have been Issued, throughout the United States and Europe. They are now being read by several million people, all anxious to learn about California. This work Is bound to bring great results, not only to 'our own state, but to the states of the entire Pacific. "You have been very kind in setting this day apart as the California Promotion Committee day. In a few years, we ex pect to have a World's Fair In San Fran cisco to commemorate the opening of the Panama Canal. At that time we will not forget your courteous act, and promise you to set aside Oregon day, at which time we will endeavor to reciprocate your kind reception." Speeches by Mnny. President Goode then extended his wel come, and commented with a display of appreciation on the way California had turned out In honor of the Lewis and Clark Centennial. William D. Wheelwright, president of the Chamber of Commerce, gave a charac teristic talk, which was received with joy by the visitors. So much so. In fact, that the Administration Band had con siderable effort In attempting to drown out the applause that followed his re marks. Then Rufus P. Jennings, executive offi cer of the Promotion Committee, mads a short address. Mr. Jennings is well known to Callfomlans. but compara tively few Portland people have ever heard him talk. His remarks were so straightforward and to -the point that he won his way to the heart of every aud itor. He told of a former visit to Port land, and the great Improvement that was apparent since that time. He also showed how the interests of the Pacific Coast States were linked together, and that uhlch was of benefit to California would be of .value to Oregon and Washington as well. Mr. Jennings was followed by Charles Bundschu, another member of the com mittee, who recited an original poem, in honor of the visit- of the Callfomlans to the Exposition. Mr. Bunscbu's efforts were not In vain, for he was cheered lustily. Vice-President Fleischner followed Mr. Bundschu. and then came R. B. Hale, another prominent Callfornlan, and Tom Richardson. The concluding address of the day was made by H. R, McNoble, past grand president of the Native Sons of the Golden West. H. R. McNoble's Address. Mr. Noble said, during the course of his speech: "Down in California every business Interest, every loyal citizen, every one who has the welfare of our state at heart' recognizes that a large amount of the recent success that has come to our state In the way of Internal Im provements and. the development of the resources thereof have been brought about by the splendid and untiring N. " effcrts ot the California Promotion Committee. "Our Interest, my friends and broth ers of tho North, are in the main co ordinate with yours, and in this land of especial prosperity, which has beun designated by President Roosevelt as that territory lying west of the West, you In common wlthui have -many and diversified interests, which at the pres ent time arc attracting the commercial interests of tha entire civilized world. "With our possessions In the great Pacific in front of us. a ceatury and a quarted behind us, the auriferous ce real bearing and great fruit interests of tfan Pacific Coast from the. Arctic Circle to Mexico with us, the opportuni ties ot California, Washington "and Ore gon are practically -unbounded; much of the future progress of these three great Pacific States depend upon the energy and endeavors of their public spirited citizens. Interstate visits.-such as we are enjoying with you today do much for the mutual benefit and up building of the social and commercial interests of the Pacific Slope." Inspect Uk: Pair Grounds. After the speechmaklng was all over, tho Callfomlans sought other fields of enjoyment- They Inspected the Fair grounds until noon, and then they as sembled at the American Inn for lunch eon. Here again, enthusiasm was 'the keynote, and long and loud were the praises sung to the sister state of the Pacific Coast. The r.ftrnoon was. spent in a variety of ways, according to the whims of the visitors. Some sought pleasure on the lake. In canoe and rowboat, while others to a red the grounds, or sought retirement In the cool precincts of tne exhibit palaces. Many made their head quarters at the California Suite build ing, examining the work done by the State Commissioners and other repre sentative?. After dinner, a fitting reception was held by the Exposition officials In the New York State building, which more than 500 citizens and their families at tendee It was late in the evening when the festivities of the day were brought o a close. The California train will be retained in the railroad yards, where the visitors will retain their sleeping quarters. The train bos been connected by telephone 'to the Portland central office. Will Visit Fair Again Today. Today the Callfomlans will visit the Ex vosltlon grounds during the day. and after dinner at the Hotel Portland, will attend a reception given In their honor at the Commercial Club. "It is not true .that we are here to boost California," said Secretary Edward P. Antron, ot the Promotion Committee, yes terday, at the California building. "We are here to see the Fair, and to lend all the assistance we can to make It success ful. We are not here for the purpose ot lsklnjanythlng from PortJandandQrer don t want "you io think that we are try ing to divert people to out state while enjoying your hospitality." Members of Party. The following constitute - the party: Edward P. Antron. C W. Armstrong, "Will iam If. Bagge. B. Bradley, Henry Brune. (Concluded oa Page 3.1 CONTENTS TODAY'S PAPER The Weather. TO DA TPS Partly cloudy and slightly mann er: northwest winds. YESTERDAY'S Maximum temperature. 60 degrees: minimum temperature. 4S de grees; precipitation, none. War la the Far Jat. Russia and Japan now consider choice of en voys and place ot meeting. Page Teamen suggested by each nation. Page 2. All Europe unites tn applause far Roosevelt. Page . Japan makes Russia show her hand. Page 2. Officers ot Baltic Sect expose Rejestvcnsky'.a mismanagement. Pate 3. Unlevltch pleads for another battle Page Z. Foreign. Norway will stnd mUilon to powers to ask recognition. Pare 4. Concessions to .Germany la Morocco threaten crisis. Page 4. Italy may. borcct Conge State. Page . Czar decides to -call national assembly In Sep tember! Pare 4. Anll-Jewlsn riot in Poland. Page 3. Mount Pelee- In eruption. Page!. NaUoaal. President receive delegation to protest against Chinese exclusion. Page 1. More evidence, on Bo wen-Loom Is case. Page 1. Admiral Dlcklns fleet attacks Fort Monroe. Page 4. DosBestic Biggest trust cotcpany on earth to handle Equitable funds. Pace 4 Record-breaking runs between New York and Chicago. Page 3. Flood in subway demoralizes New York. Page 5. Illinois farmer will build packing-house to fight beef trust. Page 1. Thaw brings crocs-suit for divorce against Mini KuX Paga 2. Padac Coast. Willamette Valley Development League .Is in session at Independence. Page I. Decisions handed, down' In Oregon Supreme Court. Page ft. Oregon Tax Coeamlsaloa starts In en its- la bors. Pace 3. . Oraya Harbor will entertain visiting Ne braska lumbermen. Page 6. Good Roads meeting Vt held at Pendleton. Page 6. Commercial sad Xaria , More transacttaaa In bop market. Page 13. Letter of M. H. Durst to-Oregon bopgrowers. Page 15. Lack of activity in wheat. Pace 13. Break in New York stock market. Paga 13. Wheat doses firm at Chicago. Page IS. Opening prices on California canned fruits. Page 15. North ' Head cable suecarafully spliced. Pare 3. Bailey Gatzert breaks down In Columbia River rapldsi Pare 5. Quarantine at Nome is abolished. Page 3. Port Uad aad YkifiJty. Despondent man blows his head off. Page 7. Masons hare Important week tn Portland. Page 10. ... Grand Chapter Order Eastern Star la session. Page 10. Slaughterboue nuisance case up in court. Page 14. Murderer Coleman sentenced to life Impris onment. Page 14. Senator Mitchell makes technical plea, to have Indictment declared void. Pare J. Immense value of franchises to street railroad company. Page 11. Lewl toti Clark Exyoakiam. ' Children will hare Car day at the Fair. Paga 10. Cities ot Southern Oregon have: day at the Centrrnl si.. Pare 10. California Promottaa . CbtBSjuttee. guest ot the Exposition Page L ' v SI HUES TRADE Representatives of Cotton In dustry Appeal to the . President. ' CHINA THREATENS BOYCOTT lllgltl Enforcement of Exclusion Law Against Merchants and Students Shuts Out Valuable Class. Retaliation Provoked. WASHINGTON. June 12. President Roosevelt .held a conference today with about SO members ot the American Asiatic Association representing the cotton textile Industry and the iron and steel trade of the United States. The delegation en tered a formal protest against such en enforcement of the Chinese exclusion laws as might imperil the export trade of this country with China. It was pointed out that the commercial organizations of China were threatening to boycott the American merchants, especially ot cot ton and steel products, unless .arrange ments were made whereupon Chinese mer chants, students, literary men and trav elers could enter the United States with out the serious difficulty which they now encounter. The Chinese urge that mem bers of the classes which under our ex clusion laws are permitted to enter the United States are often subjected to In conveniences and" humiliation by the immi gration officers and they Insist upon a more liberal treatment of the exempt classes of their countrymen. The delegation was headed by John Foord. of New York. Secretary ot the American Asiatic Association, who made the following address: Great Export Trade at Stake. Mr. President; The American Asiatic A&so- elation is an organization formed to co-operate with this Government in maintaining and de fending the trade and treaty rights of the United States in the countries ot Eastern Asia. Individually, the members of this dele gation speak for the cotton textile Industry of the United States, representing 1300.000.000 of Invested capital and 330,000 wage-earners whose prosperity and welfare are- today abso lutely dependent on the retention ot the mar ket for the products' of that Industry which has been opened In China; they speak for at least one department ot t.be still greatsr Iron "and stfJ Industry. ot the United States; 'they . speak for a branch of our export trade which is growing more rapidly than any other, and whote ralue In the current fiscal year will probably exceed I30.000.000. Tat occasion -of this visit Is to invite your attention to the present unsatisfactory rela tions with the Chinese empire and the condt tlons growing out ot those, which directly threaten the continuance ot a profitable and highly essential part of our commerce. The friendly character of those relations has been ot late adversely affected by the absence of a satisfactory Immigration treaty between the United States and China, and by the dissatis faction ot the mercantile clasjs In China with what they conceive to be the unjust and op- p rewire operation of the rules adopted and enforced by the Immigration officers ot the United States In dealing with their country' men whom our laws, declare entitled to visit this country. Exclusion Law Agaiast Treaty. It must be held to be unfortunate that these laws are at variance with the treaty stlpu latlons. which since the expiration ot the treaty of 1684 are In force between the two countries. We are not here to question the competency of Congress to modify the pro visions of any treaty with a foreign pawer, but we do question the expediency of the Government ot the United States occupying an attitude in opposition to the principle which It has long maintained that a ration cannot plead its domestic legislation as a bar to the observance of Its International obllga Hons. The treatment accorded by the immigration officers of this Government to the exempt classes of Chinese vlsttlng our country Is more oppressive than either the letter er the spirit of the law requires. Moreover, the platcest principles of Internal conditions de mand that the taw shall be made more lib eral, either by amendment or the negotiation of a new treaty, or 'by both. Cultured Chinese ijhnt Oat. We urge upon you the extreme danger to the Industrial and commercial Interests of the United States of allowing the conviction which has been growing for some time In China to become a fixed one that our Government tries to discourage the coming here of the mer chants, stuaents ana literati or teat country. The future of that vast 'and populous empire is with the young men. who hare almost ceased to resort to our schools and collegts for their education because of the humiliating ordeal to which the administration ot our Immigration laws exposes them, and other countries will profit at our expense by the welcome they accord to the Chinamen, who carry back the fruits of Western culture to the new era of progress which has begun in the land ot their birth. From either moral or material participation In that progress our country Is being debarred by persistence in a policy with which. Mr. President, you have disclaimed alt sympathy, but which is. nev erthelea made to appear to be the policy of this Government by the Interpretation placed oa the law by some of Its agents. The members of this delegation feel confi dent that they will not appeal to you In vain In asking that remedy should be sought for the anomalous and unsatisfactory condition of the exUting relations between this country and the Chinese empire. President Promises TXcmedy. President Roosevelt responded cordial ly. He took exception to the intimation that the Immigration officers were too Insistent In the enforcement of the law, but In other respects agreed with the delegation that It would be proper for this Government to encourage friendly relations with China. He proposed to do all in his power to promote trade with China and to promote generally the ex port trade of American producers, farm ers as well as manufacturers. He prom tscd to take up the subject with Secre tary Metcalf. of the Department of Commerce and Labor, and other officials. and to do all possible to remedy the difficulty. 0 GAMES OP CHANCE ALLOWED Cortelyoa Gives "Wide Interpretation .to Ah tl -Lottery Law. WASHINGTON. June' 12. A thorough enforcement of the anti-lottery laws is urged on postal officers and all other 1 postal employes In a- circular which Is oeing promulgated by Postmaster-General Cortelyou today. It calls on em ployes to examine mall matter, espe cially publications. with the greatest care consistent with prompt delivery, and to withdraw or exclude all such matter relating to lotteries and llhe enterprises. The order says that the terms of the law bar fendless chain" enterprises. so-called "gift concerns.' or similar en terprises offering prizes dependent upon chance, including "guessing" or estimating contests for prizes, as well as drawings and raffles of every kind, whether general or local, for money or otherwise. for private gain or In aid of charitable, educational or religious objects. Publications, circulars, cards or pamphlets, containing advices or other Information relating to such en terprises are required to be withdrawn from the mails. ONLY 3IATTER OP EXCHANGE Asphalt Officer's Explanation of Check Given Loomls. WASHINGTON. June 12. Before leaving today for West Point. Secre tary Taft conducted another hearing In the Bowen-Loorals Inquiry. Clyde Brown, treasurer of the American As phalt Company, was heard regarding the check which was said to have been exchanged between Mr. Loomls and the Asphalt Company. The testimony of Mr. Brown was confirmatory of the contention of Mr. Loomls to the effect tnat the transac tion was a matter of ordinary exchange for the sake of convenience. Mr. Brown produced the books of the com pany, showing the receipt of Mr.. Loomls check for 53000, and the pay ment to him of 'i check for the same amount calling for American money. Ira Atkinson, an official of the As phalt Company, also testified. He was one of those mentioned by Harry Un wlne as probable sources of informa tion regarding a rumor said to have been heard to the effect that a certain check passed through the offices was Intended for Mr. Loomls. Mr. Atkinson denied that he bad ever stated such a thing. BHEWING SEW REVOLUTION Barillas Gathers Forces to Itemovc Calvera In Guatemala. SAN FRANCISCO, June 12. Manuel Oleguez, a Guatemalan lawyer and revolutionary candidate put forward by ex-PresIden Barillas for the Presi dency of Guatemala. Is said to be hur rying to San Francisco from Southern Mexico to Join Barillas and party here. Members of the local Guatemala colony believe that Barillas and his adher ents have decided upon this city as a rendezvous pending developments that may give them an opportunity to fili buster against the administration of President Calvera. The Call says today that Barillas has announced to several friends that he will lead a revolutionary party against Calvera and that he has simply de layed action until he can recuperate his failing health, which, he says. Is, one of his reasons for coming to San Fran- gmu. ... '. Opponents of Tribal Tax Fall. WASHINGTON. June 12. Secretary Hitchcock today presented the Muskogee anti-tribal tax delegates to the President, but before they could" present their case the President Informed them that he had gone over the matter thoroughly with the Secretary, that he agreed entirely with him and he considered the matter closed. The delegation then withdrew. Philadelphia Mint Closes. PHILADELPHIA. June 12. More than 200 employes of the United States mint were today suspended Indefinitely. The coining department and the melting room were closed down because of a lack of silver bullion. The order closing these departments was received frpm Wash ington on Saturday. , More Yellow Fever on Canal. WASHINGTON. June 12. Three addi tional cases ot yellow fever in the canal zone were reported to the War Depart ment today In a cablegram from Gov ernor Ma goon; L TD BEEP COMBINE FARMERS OF ILLINOIS TO BUILD PACKING-HOUSE. Site Secured Near Chicago and Cap ital or $1,300,000 Provided for Great Industry. CHICAGO, June 12. (Special.) The Farmers Packing Company has been or ganized for the purpose of competing with the local and other packers. Its capital stock was placed at $1,500,000. The organ ization Is composed of livestock dealers, retail butchers and farmers. It is the Intention of the company to operate in Chicago and It has secured an option on .ten acres of land and a packing plant near the Hawthorne race track, which It will operate, and expects to pur chase 300 acres on which to erect a mam moth plant. The company was promoted by A. G. "Van Patten and F. E. Andrews, and It is a part of the scheme of the Farmers' National Exchange, which controls sev eral hundred elevators In the Northwest, and Is composed ot farmers and stock raisers. DEADLY FIGHT OF FEUDISTS Three Men Killed, One Seriously Wounded In Tennessee. KNOXVILLEJ. Tenn., June 12. Three men met instant death and a fourth was dangerously wounded In a desperate shooting affray In a blacksmith shop at Thorn hill, four miles from Late Springs, Tenii, and 60 miles northeast of this city, today. The dead are: John and Will Hol land, brothers, and Will Bundren, all white, and members of prominent fam ilies. The wounded man Is Clint Winkle, a negro, supposed to have been In the em ploy of Bundren. Enmity has existed between the Holland and Bundren families for the past four years. It grew out of the killing of Colo nel John C. Rosier by Bruce Bundren, father of the man killed today, for which crime the elder-Bundren is serving a life' sentence in the- Penitentiary. SQUARE DEAL NOT VEN TO OREGON Railroads Have Not Responded to the Fair Treatment Accorded Them. STATE LITTLE DEVELOPED Willamette Valley League Adopts Report Presented by Its Committee- on Transportation In Its Session. INDEPENDENCE. Or., June -(Special.) Independence Is filled with bankers, delegates and visitors to the Willamette Valley Development .League meeting in session here. In the afternoon the bank ers took preliminary steps toward a state organization: Ira Powell, cashier of the Polk County Bank, at Monmouth, who had been active In working up the call, was made chairman ot the meeting, and Ralph Williams, of Dallas, secretary. It was decided to completethe organiza tion at Portland next month, when Wash ington State bankers meet In that city. As a committee on permanent organiza tion the chair appointed J. Frank Watson, Portland: W. H. Dun'ckley, Portland: H. HIrachberg, Independence. The commit tee on Invitations consists ot E. V. Car ter, Ashland; W. L. Thompson, Pendle ton; R. S. Williams. Dallas! A. L. Mills. Portland; H. C. Apperson, McMlnnville; J. E. lllggins, Astoria; J. T. Dounelly, Baker City. The new organization starts off with the assurance of a hearty sup port. Following the meeting of the bankers the second meeting of the Willamette Valley Development League was called to order by President Hofer. The meet ing started off with a good attendance and much enthusiasm. B. F. Mulkey delivered an address on the opening of Yaqulna Bay. followed by L. M. Gilbert and Ike-Bingham. A big clam-bake and barbecued beef was served In the town park at night. There will be an effort to form an open port association for the Willamette Val ley tomorrow. Report on Transportation. The following -address to the people of Oregon "asrea.a: from-the transportation committee oT the Oregon Development League, and of the Willamette Valley Development League, and adopted by the convention: It is neither the desire nor the Intention of this committee to make any unjust attack upon corporation or transportation compan ies. We fully recognize that In this ago rail roads are a vital and essential factor In our country's development, and we favor reas onable 'encouragement to their management and equitable regulation ot their rates and operation. The people or Oregon have Invariably treated corporations with falrnefe and liberality and capital Invested In them has been at all times accorded complete and impartial protection of our laws. No state In the Union has been more liberal In Us treatment of railroads. Your committee believes the, time has now come when there should be demanded in re turn that the state and Its commercial and Industrial Interests be treated In the same spirit ot liberality and fairness by the rail road managers. Record, of Orrj-on. This state has never enacted any. so-called drastic legislation against transportation com panies. " , On the other hand. It Is assessing- their lands, rights of way and rolling stock upqn less valuation than any state In the West. There Is no law In Oregon taxing their franchises or gross or net earnings, as In many other states. Ten year ago this state- repealed Its rail road commission law and has enacted no rate legislation. ... , Thl9 state has even made It unlawful to deal In cut-rate tickets or to dispose of unused transportation other than to the corporations. We have left the power to fix freight and passenger fares and the legitimate work of. extending their lines to meet the needs cf tho country entirely In the hands ot these cor porations, trusting to them to treat the peo ple with fairness and equity. Justice to the Railroads. In a spirit of Justice we give credit 'for all that has been done- by the railroads for the benefit ot the state. Under the administra tion of C. H. Markharo many industries wero favored and established In Oregon. The in dustrial departments ot the roads have co operated with the people, and promoted produc tion of fruit and dairy products. Mr. Mark ham's successors have sought to maintain pol icies of development, but have either been overrated In their decisions or have lacked th authority to initiate so "that the movement toward lower rates and extension of markets for Oregon products has recently made, Httls progress. This state Is Indebted to the railroads for reducing passenger fares to 3 cents per mile on their main lines, and for securing low rates to the Lewis and Clark Fair and to many state and local gatherings. For all these advantages. the public la duly grateful, and Justly believes that each concession resulted In good alike to the state and the railroad making it. Justice to the People. We believe that railway corporations ars creatures of the state, possessing valuable franchises which have come from the people, as well as vast grants of public lands always becoming more valuable by action of Con gress, and that they owe a duty to the peo ple which they have not fuHy performed. A duty to the State of Oregon Is Incumbent upon them, which grows out of their occu pancy of Its territory under priceless fran chises bestowed and Inalienable, and such duty can only be performed to the people of the. state by assumption on the- part ot the com panies of their full share In the development of this territory. This can be done by ex pending a portion of their earnings within the state In the construction ot such new lines and extensions as will not only meet the needs of the people, but assist In the development of the latent resources of this commonwealth, to the end that acting together this state may advance to that status In population and material wealth which Its great resources en title It. Oregea Kallreads Prosperous. This committee believes that in no stats in the Union are the railroads doing a more profitable business or enjoying more pros perity as financial enterprises than in Ore gon, We are Informed that the trains on the main line ot the Southern Pacific In Oregon earn more per mile than on any other divis ion of the Harrlman system. The earnings of the O. R. & X. Co. for 1803 are reported at about $3,000,000. and nearly all this- money was made In Oregon. One piece of new railroad in Eastern Oregon, from Biggs to Shanlko, said to be the per sonal property of E. H. Harrlman. la re ported to be paying over 20 per cent annually on Its capitalization. As Oregon has no' law requiring any report ..Concluded on Page 4.)