Ml VOL. XLY. NO. 14-.027. - . pnffTT.Avn frr?nrsr nrprxn?CTAv vnTr-nir.-n-r. n . iz CHOICE FALLS N W DIVERT 11 N He Is Appointed Fed eral Judge. SELECTION OF ROOSEVELT Fulton Says Prompt Confirm ation Is4 Assured. HENEY HASTENED ACTION Wanted Way Cleared for Land-Fraud Trials Governor Chamberlain Applauds Choice Hailcy for Supreme Bench. CHARLES EDWARD WOLVERTON. Born Des Moines County, Iowa, May 1C, 1831. Settled near Monmouth with father, John IVolverton, 1853. Graduated Christian College, Mon mouth, 1872. Graduated law department, Kentucky University. Lexington, 1674. Admitted to Oregon bar, 1S74. Began practice, Albany, 1S74. Delegate to' National Republican Con ventlon at Minneapolis. 1832. Elected Orecon Supreme Court, 1834. Re-elected Supreme Court, 1000. Appointed United States District Judge, to succeed C. B. Bellinger. No vember 12. 1005. OREGONIAN NEWS BUREAU. Wash ington, Nov. 21. Judge Charles E. Wolv- -non, of Albany, now sitting on the Jr.egon Supreme" bench, was today ap . pointed United States District -Judge for Jregon to 1111 the vacancy caused by the icath of Judge Bellinger and the subse quent declination- of W. W; Cotton, to whom the office was- tendered. Judge Wolverton's commission, after , being signed by the President .and Attorney General, was -forwarded fb him today, and t is presumed that he will, upon its re "dpt. promptly take the oath and enter upon his new duties at Portland. His ap pointment, coming at this time, will re quire reappointment when Congress con venes, and his nomination will be sent to the Senate the first wee of the session, but this will not Interfere with his duties. He will be confirmed. He Is Roosevelt's Choice. Judge Wolverton owes this appointment very largely to President Rooscvolt While he was strongly indorsed by Cir cuit Jude Gilbert and by prominent mem bers of the Oregon bar, and while he was on Senator Fulton's list, and was highly regarded by Attorney-General Moody, his Indorsements were no stronger than those of several other candidates. As has beon stated before In these dispatches, Mr. Moody recognized morlt in several candi dates, but his choice was Judge "Bean, of Salem. Mr. Fulton, while he named both Wolverton and Bean on the list which was submitted to the President after Judge Cotton declined, preferred and strongly urged the appointment of Judge McBrlde. Candidates Evenly Matched. Before making his selection, the Pres ident gave his close personal attention to this matter, determined to choose the best man available. He went deeply into the record of each candidate and exam ined each one's indorsements. He also had several conferences with the Attorney-General and Assistant Attorney-General Robb, and finally conferred with Mr. Fulton. This morning the President. In formed Mr. Fulton of his decision, saying he found it difficult to make .a choice, as the candidates were very evenly matched, but he was convinced that Judge Wolver ton's appointment would be most desir able, and he determined to name him. The President had no other objection to offer to Judge McBrlde other than his age, which, apparently, counted against him with the Attorney-General as well. "Why the President preferred Wolverton to Bean Is not known. The Attorney-General says either would have made an ex cellent Judge; in his opinion, one is about as well equipped as the other. Mr Fulton said today that, when Judge "Wolverton's nomination comes before the Senate. It will be confirmed. He further more expressed the opinion that Wolver ton will make an .excellent Judge and will fill his new position with, credit to him self and to the vstate. Heney Induced Action. The appointment of Wolverton was hastened by a request recently made by District Attorney Heney. Mr. Heney will return to Portland very soon, and Is anxious to resume and conclude the land trials. He found that no other district judge was available for service at Port land at this time, it being Impossible for Judge Hunt or Judge De Haven to leave his court In the immediate future. On this suggestion the Attorney-General took the matter up with the President, who then hastened the appointment. "While Mr. Heney urged the early appointment of a judge, he declared a few days ago that he had not Indorsed anyone for that office, nor "had he taken any hand what ever in the selection. All he wanted was i to hare a judge appointed so that the l trial 8 might be resumed. Judge Wolvcr-i ton's appointment today makes this pos-1 slblc, for he will be able to" qualify" be fore Mr. Honey 'can roach Portland. SELECTION' OP "WOLVERTON President Acts Independently Iif Choosing Successor to Bellinger. In choosing Wolverton for Federal Judge. President Rooscvolt showed the same independence as in choosing C J. Reed United States Marshal. Both ap pointments were made against the ln- fluences of the Fulton-Carey-Matthews organization in Oregon, though the fight against Wolverton was not of the mili tant kind as that against Reed. Senator Fulton included Judge Wolverton In his list of recommendations, but did so only diplomatically, for his real pull was in favor of Thomas A. McBrlde and R. S. Bean, one and then the other, according as the scones shifted. Senator Fulton, on after Judge Bel linger's death, announced himself for Bean, though he said that bis real pref erence was for McBrlde, whom he did not deem it expedient to boost. at that time for reasons which cropped out to the disadvantage of that candidate when his appointment was urged later. At that time Senator Fulton forwarded to the President a list of men. each, of whom he said would fit the position with credit In addition to the two Just mentioned were W, W. Cotton, of Portland, counsel for the O. R. & N.; Charles E. Wolver ton; L. R. "Wobstor. of Portland, County Judge of Multnomah. Stephen A. Lowell of Pendleton, and John L. Rand, of Ba ker City. "When W. W. Cotton gathered strong support, it included that of Senator Ful ton, and when it was announced that Cotton would be the Judge, a sigh of relief wont- up from all sides, owing to the tension that the delayed solcction made in political circles. At once the politics of the state" prepared to adjust itself to the now arrangement. Just as yesterday, after the appointment of "Wol verton was announced, for the fortunes of .candidates for various state officers ospoclally for Governor and United States Senator, are directly and indirectly af fected. Then came the startling news that Mr. Cotton had declined the appointment be fore It' had been actually conferred on him. The news" came from New York, whither Mr. Cotton at that time had gone, to confer, it was said,- with the Harriman railroad men about the mat ter. Various reasons for this decision of Mr. Cotton were given. By some persons it was said that the " Harriman people had persuaded him that his best Interests lay with their railroads; by others that his intimate connection with railroad In torests. when examined by the Presidont, caused the Chief Executive to change his mind and to have the fact tipped off to Mr. Cotton so that the latter might de cline. Be this as It may. the scramble was reopened by Mr. Cotton's .withdrawal arid political tension was ronowed,as be fore it seemed Tic would be the ap pointee. . . Judge Bean became then the foremost candidate, yet all the while ii wasevK dent that Senator Fulton personally pre ferred McBrlde. At this stage. Judge WTolverton was not an active candidate. He Indorsed the candidacy of Judge Bean. as did also the other Supreme Justice. Frank A. Moore. A steady stream of recommendations for Bean coursed its way to Washington through malls and telegraph wires. Once It seemed that Bean would surely be the lucky man; ln- deed, dispatches were received from Washington, based on good authority, an nounclng that the President would prob ably name him and that Attorney-General Moody was chief of his supporters. A lull In the fight followed, the appoint ment was not made, tho boom of Bean seemed to diminish and that of McBrlde grew larger. Senator Fulton made known that he was pulling for McBrlde and the skids appeared greased for McBrido's slide Into the position. Again the news dispatches from Washington announced the probable appointee, this time Mc Brlde. Influences were working again for Bean. His friends in Lane County, where his homo is. were pr&sing Senator Fulton. When the Senator made his last trip East, whence ho was called back to testify in the land-fraud trial of Willard N. Jones, he was understood to be ex erting himself In behalf of Bean. In tho meantime, the Wolverton boom had grown to big proportions. Juds-e McBrlde and Judge Bean -were fought oy me opponents of tne Fulton-Carev Matthews eloment. -who alleged that the selection of either man would mean undue recognition of that nominal camp. United States Attorney Francla J. Heney was . one of the men who threw his wolght against both Mc Bride and Bean, and his presence at the National capital in the last few days is oeneved to have nad some connec tion -with the appointment made yester day. Another strong pull In Wolver- on's behalf was exerted by Judge W. uiiDcri, senior Justice of the United States Circuit Court of Appeals for this district Other candidates appeared In the course of the fight, among them Henry tu. .aicuinn, or Portland; M. C. George and A. F. Soars, Judges of the Circuit Court; E. B. Watson, of Portland. ex- Justice of the Oregon Supreme Court; Ralph W. Wilbur and.G. G. Gammans, or Portland. Judge Wolverton was in the city csterday in attendance at the session of the State Bar Association, and re ceived many congratulations. He said mat ne greatly appreciated the honor. especiallj' since ho had not waged a campaign for it Members of the bar swarmej thickly around him at the Im perial Hotel, where he and Mrs. Wolver ton wore staying, offering tokens of meir good will. 3IEETS TJXIYERSAIi APPROVAL Democrats Join with Republicans. Governor Gives High Praise. SALEM, Or.. Nov. 2L(SpecIal. The appointment of Justice Wolverton to suc ceed the late Judge-Bellinger on the Fed eral bench has met universal approval in Salem. Governor Chamberlain and tl-v er A. Bush, the two leading Democrats of the state, give theappolntment their un qualified Indorsement Among Republi cans there is no hesitation in commending the President's choice. It is here consid ered certain that T. G. Halley, of Pendle ton, will be Wolverton's successor on the State Supreme bench. On learning of the appointment Gover nor Chamberlain said: The choice is an excellent one. Justice TVol- erton Is thoroughly capable and la a man of the strictest Integrity. I ha-e been intimate- acqualnted with him since 187ft. when we Cobc1u4i ea Pas i. j DRAWING LINES ON RATE BILL Senate .Committee Meets to Consider Grat Issue of Session. REPUBLICANS 'ARE DIVIDED Majority Opposes President's, Policy and Democrats Lcatvc Them to Fight It Out riay.-.Otfcr Minority Report. - WASHINGTON, Nov. 21. (Special.) The first formal steps., toward the begin ning of the great battle that it Is be lieved, will be fought this WJntor between the Sinat.and the Presidont. were taken this afternoon, .when, the 'Senate commit tee on interstate commerce assombled, with nine out 'of 13 members present, to consider .the. subject, of railroad rate regu lation. This .was in accordance with the direction of the Senate at the last session, and -was in furtherance of alms of the committee, when, in the early Summer, it heard several hundred witnesses for and against the bill proposed by the President to give the Interstate Commerce Commis sion the'power to fix a rate, whore a dis puted rate had been found unreasonable. Those present were Elkins. chairman; Cullom. Fbraker, Millard. Dolllver "and Kean,- Republicans, and Tillman. Foster (La.) and NewJands. Democrats. The ses sion was behind closed doors. After the situation had been Informally reviewed, the Democratic members re tired, and the Republicans entered-upon an earnest discussion. . Division Among Republicans. Of the six members attending the con ference. It developed that Senators El klns, Aldrlch, Kean and Fbraker were nearly in accord on one side, and Senators Cullom and Dolllver were on the other. No propositions were advanced, but the four Senators in the first group mentioned indicated their desire for harmonious ac tion and not too radical legislation. Sen ators Cullom and Dolllver insisted that the only way to have, harmonious Repub CHAKLES E. "WOLVERTON, I ' - I I i r ' ' lican action was for all the Republicans to get in line with the President and sup- j port his recommendations. The' other Senators suggested that the proposition or j the President had not been crystallized I sufficiently to determine Just what he wanted. - . . After the conference adjourned, some members of the committee expressed the opinion that a bill should be agreed on. but the opinion was also expressed that the majority of the full committee would report a bill in line with the recommen dations of the President' An effort will be mauo to keep the Re publicans together, They -will take up the consideration of bills at once. A com promise measure is expected. How 3Icmbcrs 'Line Up. A leading member sizes upon the com mittee as follows: Against railroad regulation Aldrlch. --Elklns, Kean. Forakcr and Foster. For regulation Cullom, Dolllver, Clapp. Newlands and Carmack. . . Uncertain Tillman. McLaurin and Mil lard. Of the latter, Tillman is classed "as bit terly opposed to the President, and Mil lard is said to be very friendly to the rail road interests.' It Is the Intention of the Democratic members to stand aside for the present and let the disagreeing Republicans fight it out. If a satisfactory bill Is decided upon, they will not prepare a minority report Bill Offered by Commission. The committee will meet tomorrow, at which time a bill prepared by ' the Inter state Commerce Commission will be con sidered. It contains these salient points: Empowering the commission to fix a maxium rate- whero a rate has been com plained of and found to be unreasonable. Giving the commission the right and power to fix a maximum and minimum rate, where there is unreasonable discrim ination between competitive points under section 3 of the present law. Granting the commission the power to examine the books of railroad companies. Making tlje refrigeration of private cars a part of the freight-rate charge. AFTERMATH OF FAILURE Devlin's Bankrupt Partner Takes Poison and "Will Die. LEAVENWORTH. Kan.. Nov. 21. W. E. Thomas, who was associated with C. J. Devlin, the coal-mine operator and one of the principal, stockholders In the defunct First National Bank of TopeTca, Kan., took carbolic acid in the bathroom of his home in- this city tonight at 9 o'clock. His condition Is very critical and he. is not expeeted to survive the night Mr. Thomas had been In ill-health since the failure of the Topcka bank and of the Devlin Interests, as he was heavily Involved, his liabilities being about 41S0.- CQ3 and his, ats. about. lT5.0pQ.t . AFrXIVTED UNITED STATES DISTRICT EVIL INFLUENCE AGAINST OREGON Hitchcock's Advisers Block Northwest Irrigation Projects. THEY STIR UP DISSENSION Hostility Causes Secretary's Advis ere to Prevent the Adoption or Perfectly Feasible Projects-in Oregon. ' OREGONIAN NEWS BUREAU, Wash Ington, Nov. 21. Unless there Is an im mediate change In the method of appor tioning money out of the reclamation fund for the construction of Irrigation works. President Roosevelt or Congress will be compelled to step in and make change similar to the change that was made in the management of the Panama Canarwork. ... During the first two or' three years the reclamation law was in force Its terms were carried out in a manner Which gav general satisfaction. There was some dls- grunUcment because large sums were uiui-uuticjy set aside for work In Ne vada. Arizona. Wyoming and a few other fata tea and Territories which had trlbuted very little to the fund. but. -when It was shown that the Government was not ready to. build in other states, this oisgruntlement died out. xui me reclamation law has been in force three years arid aSialf ; during that time engineers of the Reclamation Ser vice have been developing projects- In states which were not recognized at the start, and the service is anxious to give each state a fair show. In fact the rec lamation engineers have developed one or more reaslble projects in almost even state In the West where work is not now in progress, but beyond that they cannot go until these projects are approved Their approval rests entirely with the Secretary of the Interior, and it Is In his office that much projected work held up. Worthy Projects Tied "Up. . As is well known, the Reclamation JUDGE TDK OREGON Service has developed several projects in Oregon and In Washington; it has an other feasible project in Utah, but it can not build any of them, because the Sec retary will not authorize their construc tion, nor set aside money for their con struction. And until he does the Rec lamation Service is powerless to act; its Rands are tied. The Reclamation Ser vice, as shown by Its recommendations. Is anxious to build those projects which it has mapped out and planned, but its rec ommendations are being regularly sot aside, and., work has come to a stand still, except on projects which wero un der way during the past Summer. The responsibility for this delay rests j on tiie shoulders of the Secretary of tha interior. It Is not altogether proper to hold him entirely responsible, yet the only his signature to make them opera- . iiuuuiu vuuen iea to tne noid- "f u' not start with the Secretary: it started- with men who are his advisers on matters of this nature. These men have assumed authority which did not belong to them: they have made srlev- Z ?ST'Z?i rf?ti.n rner .out oC uuu. iiiij nun- cuscrim- n.-u hi iavor or some states and against others, and they have norsiiaded the Secretary to sign orders and Instrue- I tions which they prepared, without due knowledge of the facts and condition, In other words. Mr. Hitchcock has placed confidence in men whom he should not trust, and these men have led him Into Jnlnf. 1. 1 t.. ... ..,.83 wnicn win not stand close Bad Advisers. Block Progress. The National reclamation law create the Reclamation Service to plan and construct National Irrigation DroleeL, but. It gave the Secretary of the Interior authority to say what projects shall be i built, and the further power of allotting uiunej. it tne Secretary and the Reclamation Service Jiad worked together In harmony, without outside interference, progress would have been satisfactory tn all parties concerned. But the manner in wntcn tnis reclamation work is con- trouca savors of red tape and bureau- cracy to a marked degree; the Secretary. Instead of dealing directly with the Rep- tarnation Service has wvomi , betweens. subordinates In his own office- these men are all hostile towards and jealous of the Reclamation .Service, and. enjoying tne confidence of the Socreuiry. they have aroused In his mind a suspl- clon that the Reclamation Service is in- competent If not crooked. Tho result Is tnat, instead of working In harmonv h Secretary and Reclamation Servi ,. working at cross purposes; what the one I banning had been In possession of lnfor recommends. the other disapproves. The mation that was suppressed during this (Concluded on vase 3.) CONTENTS TODAY'S PAPER The Weather. TB3TBRDATS Maximum temperature. 48 ucK.. mipiraum. i. r recjpitation.. none. TODAY'S Fair and warmer. Winds 'h!f t ing to southerly. Rum!. Leaders among- Zemntvolsts favor support of inc. face j. Wltto seriously 11L Page 3. Mutiny of ICOO reserves. Page 3. Trooprt kill many riotous peasants. Paxe 3. DUorder among sailors returnlnr frem war. I'm re s. . Twenty-four provinces In anarchy. Page 3. Foreign. British army starts reform move. Page 8. Allied fleet Catherine against Turkey. Page 8. Leader of Cuban plot discovered. Page 4. National, Senate committee line up on rate bill. Page 1. President appoints Wolverton Federal Judffe: iiaiiey or Kamsey Ms successor on Supreme oenen. Face 1. Hitchcock's advisers cause him to Injure Ore gon Irrigation by enmity to Reoiamatlen Service. .Page 1. Burton's letters in evidence against him. Page Z. Impending- revolution.- in Panama. Page Politics. Courts lis Nei York unearth perpetrators of election frauds. Pare 5. Choatc halls Koovelt as peacemaker. Page It Roosevelt congratulates man who defeated Whitney. Page 5. Domestic. Piatt testifies In Insurance inquiry. Page 1. Interchurch Conference ends with resolu- tions. Paxe S. Labor Federation condemns souvenir pro grammes as fakes. Page 4. Vanderbiit system extending to Pacific Coast. Paze 11 Terrible shipwrecks on Nova Scotta'and Vir ginla coasts. Page 4. Pacific Coaat. Struggle for the control of the Pacific k Idaho Northern. Page 6. ,r First "Oriental Limited" on Great Northern arrives on Puget Sound. Page 6. Chehalls City Council protects Itself In granting- electric railway franchise. Page 6. Montana man quaffs quart of gin on wager and drops dead. Page 6. Sudden lifting of fog prevents terrible rail road wreck at Tacoma. Page 6, Sport Sherman defeats Chemawa on, the gridiron' to 0. Page 11. Pacific Coast Scores Los Angeles 3, Port land ii Tacoma 3, San Francisco 3; Seat tle 8. Oakland 3. Page 11. Commercial and Marine. scarp decline in local wheat prices. Page 15 Flurry in cotton markets. Paxe 15. Stock trading broad and active. Page 13. wool operators watching foreign situation. Page 15. Chicago wheat closes lawer. Pare 13. Oversupply of oranges at Sao,. Francisco. Page 13. Falla of Dee arrives after exciting experience. Page 5. Overdue Cskaaonl is off the bar. "Page 5. Crew of whallnjr Bchconer Gotama. almont met starvation. Page 5. Portland asd Vic laity. Jobbers ask readjustment of freight rates j at conference with railway agents so as to have an equal chance with San Fran cisco. Page 19: gr Friend of Eddy swindles local musician. Special prosecutor In disbarment proceed ings asked of Bar Association by griev ance committee. Page 7. "r Merit system is killed and principals and grade teachers of six. years' experience will get raise in salary. Page 3. Captain Bruin asks warrants for arrest;- of ex-Special Policemen and Is refused. PR m - Bishop Morris requests aid In the Way of a Thanksgiving offering- for Good Samari tan Hospital. Page 14. Tax on franchises sustained by Equalization Board. Page 7. Railway activity on the Sound not due- to Gould, say local men. Page 10. How it is proposed to pay for making the East iilde fills. Fige 10. PRICE FIVE CENTS. PLATT PINNED DfllTfl- FACTS Aged Senator Has Fried Fat Out. GOT INSURANCE DONATIONS Admits ComnflniPQ FYnnntorl " ' 15 UUmPdnieS tXpeCted Hlm to Defend Them. "MIGHT HAVE IWFI IIPMPF" m,un ' HMVC INrLUtNUb I 1 r . canning Bought Ofr From Attacks on Companies - Tnrbcil Tells Secrets of Commissions, Rebates, Twisting. XEVfr YORK. Nov. 21. The identity of ocuaior uepew's "cnntanlccrmw Mn,i from UP the river" was disclosed in the ?sIon of the state legislative insurance Investigation committee todav hv- thi. t,mon of John A. Nichols, a lawyer under reia,ner by the Equitable Life Assurance society. Ir. Nichols had written Senator DeP' a letter referring to an Individual ,n tne above terms, and this letter was I read at the session of the nnmmit-t -cv when Mr. Depew was on the stand The Sentor was unable to recall who was meunt " the "cantankerous friend." but louay Jir- -cnols disclosed a series of Payraenta to W. S. Manning, of Albany a former actuary, who had been connected wlth tne Investigation of Insurance cora- Panies m lbu. Mr- Hughes Inquired as to a renort tha investigation and that would have, been I detrimental to the Equitable. Mr. Nichols I could not recall the rna,lon but he detalled payment of """.i i 'ui:j uvci a. i-uiisiaeraDiQ period to Planning as an Inducement to give up his business as aotuary. In which capaclty he believed Manning was a menace to the Equitable Company. Piatt's Campaign Funds. Aside from the disclosures made by Nichols on the witness stand, the feature of the day was the appearance of United States Senator Thomas C. Piatt, who did not hesitate to tell of the contributions of insurance companies to state campaigns. The Equitable, the Mutual and the New York Life were the only insurance com panies that made such contributions. The Equitable contributed regularly $10,000 to state campaigns, the Mutual Life the same sum frequently, and the New York Life a sum not as large, and occasionally. These moneys were always delivered In cash to Mr. Piatt's office by messenger and he turned them over to the state com mittee. The Senator said he was expected to influence the Legislature when any legislation appeared that was hostile to the Insurance companies. Mr. Piatt said he believed he had asked President R. A. McCurdy of the Mutual Life for a contri bution when the needs were very great He had. however, never been asked to use his influence on any measure before the Legislature, nor had he ever done so. He knew nothing about contributions to the National campaign. Gage E. Tarbell. the second vice-presi dent of the Equitable, was also a witness again today. His testimony Friday was Interrupted by the adjournment, and to day he continued his explanation of the agency system, of which he had charge, and the manner of arriving at the com missions. One part of his testimony caused much amusement to the committees as well as to the spectators when he described a fight with the New York Life over the taking of agents. In th'Is statement Mr. Tarbell told how he had won over a gen eral agent and 2C0 subagents of the New York Life In this city without the cost to the Equitable of so much as $1. The only inducement offered was that the agents could make more on a commission basis than under the salary of the New "Cork Life. Mr. Tarbell detailed this deal with the agents, the various steps, and said that- he closed the deal on a Sun day. He thought it was a god job, and it was done on a good day. Paid Manning to Keep Quiet. Mr. Nichols said that Manning, who had been an actuary, was employed by cer tain people to bring charges against the Equitable, that the reserve was not so large as it ought to be. Manning was paid 51S0. Mr. Nichols said, so that he would be favorable to his company. Witness later said that this was not to keep Manning from being employed against the company. He thought the payments had been made for over a period of 15 years. Sometimes the pay ments reached 5650. Other payments were made to a man named Kerr, acprre- spondent of a New York paper, ncv dead. The vouchers signed by Mr. Nichols were produced. A payment of 56000. Juw 3," 1SS9. witness could not remember, but he said he thought it was to enable hinv to pay somebody else. Vouchers dated October. 18SS. for J6714. and July L 1SS0. for jeow, witness was also unable to explain. Manning, according to Mr. Hughes, claimed that he had information of the investigation of 18T7. wnich. If published. would seriously effect the Equitable So ciety. Mr. Hughes asked Mr. Nicholas it that was not the reason this money was paid to Manning: Witness said he had no recollection of this point Witness said "Manning wanted to foi- (Concludcd on Page 4.) 4