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.)