VOL. XLYI. 3fO. 14,166.
PORTLAND, OREGON, FRIDAY, MAY 4, 1906.
PRICE FIVE CENTS.
GIGANTIC
MERGER IS
PERFECTED
Light, Power and Traction
Corporations Are
Consolidated.
THIRTY MILLIONS INVOLVED
Every Plant in the Lower Wil
lamette Valley Is in
Combination.
TAKES STREET CAR LINES
Portland Railway, 0. W. P.
and General Electric.
SALEM AND VANCOUVERJOO
New York and Philadelphia Capital
ists Conclude Deal by Which They
Take Over Into One Institu
tion These Properties.
BIO C0N80IJ0ATI0N EFFECTED.
By an allianca effected, yesterday In
New . York by - the fTtark-Sellgman-Pratt
Intrants, all th electric power,
light anA trolley systems In Portland
and the lowar Willamette Valley have
become consolidated and m-lll in future
be operated under one management.
The deal Involve about MO.Ono.OOO.
The properties that have been
merged are the Portland General Elec
tric Company, the Portland Raliway
Company. the Oregon Water Power &
Railway Company, the Citizens' L,ight
Traction Company, of Salem, the
Vancouver r.lght A Traction Company,
of Vancouver, Waah., and the Union
T.ight A Power Company, of Sllverton,
Mount Angel and Woodburn. The en
tire properties of each company are In
cluded In the transaction. The Oregon
City I.ock. owned by the Portland
General ISlectrlc Company, also change
owners.
Details of the consolidation and
management remain to be worked out.
The new concern controls everything
In electric lighting, power and trac
tion within a radius of fio miles of
Portland.
By a deal involving J30.000.000, every
electric light, power and traction com
pany In the Lower Willamette Valley,
including; Portland, has been merged Into
one vast consolidation of Interests. Every
mile of electrlo railway and every horse
power of olectrlc energy generated within
A. radius of 50 miles of Portland have
been brought under the same ownership
and will be operated by one management.
The consolidation of all the- various
interests In the Iower Valley were
merged by financiers In New York yes
terday. Telegrams telling of the trans
action reached Portland yesterday and
were confirmed by H. W. Goodo, president
of the Portland Qeneral Electric Com
pany and the Oregon Water Power &
Railway Company, and by O. F. Faxton,
counsel for the Portland General Railway
Company.. The owners of the affiliated
Interests are K. W. Clark & Co., Phila
delphia bankers; J. & W. Seligman, bank
ers of New York City, and Charles Pratt
& Co., also Now Tork bankers.
ProjHrtles Are Merged.
The properties that will be merged and
operated under one management are the
Portland General Electric Company, the
Portland Railway Company, the Oregon
Water Power & Railway Company, the
Citizens Light & Traction Company- of
Salem, the Vancouver Light & Power
Company, of Vancouver, Wash., and the
Vnlon Light & Power Company. Silver
urn. Woodburn and Mount Angel.
The transaction 'Just effected is perhaps
the largest consolidation ever effected on
ths raiifle Coast and is certainly the
greatest attraction In Northwest history.
It will mean greater facility and economy
of operation, combined with added effi
ciency. The molding of all electric power,
light and traction Interests Into one
great machine will give Increased service
at a minimum of cost.
retails -of consolidation and operation
remain to be worked out. What name
the huge company will operate under, or
what men will officer It cannot yet be
known. The change that will be made
In the present systems of managing the
affair of the various companies interest
ed are only now guessed at. It Is defi
nitely known that the head offices of the
concern will be located In Portland.
Represent Eastern Capital.
Representing as It does an Immense in
vestment of Eastern capital, the move
means great development along all lines.
The pouring of more millions into the
country selected by the New Tork and
Philadelphia capitalists for Investment Is
mmttrn , i nnha r.1 a jit. rtraumm-t hjniLl
llonalre backers of the concern are satis
fled with their previous Investments here
and that they have great confidence in the
future of Portland. It signifies that the
present holders of the allied properties
are here for good. Their past record in
effecting improvements presages better
service and greater things for Portland
in the future.
The value of . the various properties
merged yesterday is estimated as follows:
Portland General Electric Company, 310,
000.000; Portland Railway Companj-, $12.
000,000: Oregon Water Power & Railway
Company, J5.O0O.00O; Citizens" Light &
Traction Company, J500.000; Vancouver
JJght & Power Company, J200.000, and the
Union Light & Power Company, $100,000.
The Interests Consolidated.
The interests which have Teen consoli
dated have owned the major part of the
properties that have just become affili
ated. The action Just taken assures that
the investments here will be permanent.
The owners are practical and conserva
tive men, but their conservatism does not
hinder improvements wherever possible.
The Portland General Electric Company
was organized in 1892, when the "Willam
ette Falls Electric Company was consoli
dated with the Willamette Transportation
& Locks Company, under the new title.
H. W. Goode became general manager
with the formation of the new company,
and continued In that position until four
yearB ago, when he became president.
Owns Electric Power.
The Portland General owns the entire
electric power and electric lighting sys
tem of Portland and vicinity. The water
power at Oregon City is owned by the
company, as well as the locks in the Wil
lamette River at that point. The huge
power plant of the company at the crest
of the Willamette Falls at Oregon City
generates 15,000 horsepower, which is
transmitted to Portland to light streets
and speed street-cars. Additional light
and power is used in Oregon City and
tributary country, while the company
sells water power at the falls to local
manufacturing concerns amounting to 18,
000 horsepower. The principal steam plant
of the company Is located on Sherlock
avenue and Nicolal street, Portland, and
has a capacity of 15.000 horsepower.
The Portland Railway Company was
organized in October, 1905. and was
the successor to the Portland Consoli
dated Railway Company, which then
passed to the control of the Clarks, of
Philadelphia. The Portland Consolidat
ed was the result of the merging of
the old City & Suburban Railway
Company and the Portland Railway
Company, which was accomplished in
the Summer of 1905. These two com
panies were tlie important street-car
Interests of Portland for years. The
Portland Railway Company was the
older of the two and occupied Wash
ington street, operated a cable line to
Portland Heights and a line to Van
couver. Growth of Consolidation.
The City A Suburban operateJ a
ntimber of city lines and was owned
by the Corbett interests. Consolidation
of the two companies was attempted
several times but without success until
1905, when almost as soon as merged,
the properties were purchased by E.
W. Clark & Co.
The Oregon Water Power & Railway
Company had Its beginning in the
Knst Side Railway Company, which
built and operated a line from Port
land to Oregon City along the East
Side. The line underwent many vicis
situdes, and the builders, which were
George A. Steel and a few others, lost
all they had put Into it. Control of the
property was gained by Morris Bros.,
bankers of Philadelphia, who snapped
up the assets of the company at a
forced sale. The new owners mapped
out bigger things for the company and
capitalized it at a large amount. Since
the Morris Interests acquired the O.
W. P. the lines have been improved
and extended in many directions. A
new electric power plant has been
begun at Cazadero, which, when com
pleted, will grind out thousands of
horse-power and wlU prove a powerful
factor in supplying "Juice" for the
many activities of the new consolida
tion. Plant at Salem.
The Citizens' Light & Traction Com
pany, of Salem, owns and operates an
electric lighting syBtem, a street rail
way and a gas-light plant. The com
pany supplies Salem and vicinity with
these three utilities.
The Vancouver Light & Power Com
pany, of .Vancouver, Wash., has a
steam electric light and power plant
that supplies the city with electric en
ergy of all kinds. The growing impor
tance of Vancouver as the result of the
building of the Portland & Seattle
Railway makes it valuable territory
for the new alliance of interests.
The Union' Light & Power Company
supplies electric light to Sllverton, Mt.
Angel and Woodburn. It also owns
and operates water plants at Silverton
and Woodburn.
Details of organizing the immense
interests represented in the consolida
tion into a vast machine with one
management remain to "be worked out.
The benefits of great trolley and light
ing systems being the manufacturers
of their own power are apparent. Great
economies will be effected and reduc
tions in fixed charges can be put into
improvements and extensions.
SLAIN BY BROTHER PRIEST
Spanish Jesuit Shot at Altar and As
sassin Commits Suicide.
MADRID. May 4. Word of a tragedy in
the Cathedral of Santo Domingo, in the
town of Merida. reached here last . last
night. While the Jesuit priest Morales,
known from one end of Spain to the
other as one of the most devout and
learned members of the order, was con
ducting mass at the high altar on Thurs
day, a fellow-priest. Tarlbo Martinez,
suddenly drew a revolver from hts robe
and shot Father Morales dead . The
murderer then turned the revolver upon
himself, blowing out his brains and fall
ing across the body of his victim.
Jessup Again Chosen President.
NEW YORK. May 3 Morris K. Jessup
was today re-elected president of the
Chamber, (it tinraercw
FIVE LUMBERMEN
ARE ARRESTED
Oshkosh Capitalists
Are Indicted.
OREGON LAND FRAUDS CAUSE
Result of Grand Jury Work in
. Portland.
WARRANTS FOR TWO MORE
Men Are Arraigned and Held Un
der Two Thousand Dollars Bonds
Each by United States Court
Commissioner McDonald.
Returns from the first Important in
dictment returned by the present grand
Jury announce the arrest of Leandor
Choate, Benjamin Doughty, James
Doughty. Thomas' Daly and James
Bray. Wisconsin capitalists. Joseph
Black and August Anderson, of the
same state, are also wanted. Sumner
J. Parker, of Ashlandl has been ar
rested for complicity In the land
frauds and James H. Drlscoll Is want
ed on the earn charge. The Wisconsin
men are alleged to have acquired
160,000 acres of land In Klamath and
Lake Counties. Oregon, by Inducing
residents near Ashland and Medford to
file upon It with the understanding
that title was to be transferred as
soon aa tha final papers should be se
cured. OSHKOSH, Wis., May 8. (Special.)
Five lumbermen and bankers represent
ing an aggregate wealth far In excess
of $1,000,000, were arrested here today by
the Federal authorities on the charge of
conspiracy to defraud the general Govern
ment by means of alleged land frauds In
the State of Oregon,' The men arrested
are: Leander Choate. James Matt Bray,
Benjamin Doughty, James Doughty and
Thomas Daly.
Bray is the president of the Bray &
Choate Lumber Company, and Choate is
the treasurer of that company. The
Doughtys are retired lumbermen. Daly
is .cashier of the Commercial National
Bank, and all the men are large stock
holders in that institution. The men were
arrested by a deputy United States Mar
shal, who was accompanied by Assistant
District Attorney Henning.
Placed Under Bonds.
They were all arraigned before United
States Court Commissioner D. E. McDon
ald, of this city, except Mr. Bray, who is
a paralytic and was unable to appear.
Each was placed under bonds of $2000, and
the hearing adjourned to Friday, May 11.
Besides the foregoing defendants, war
rants have been issued for August Ander
son and Joseph Black, of Shawano.
The charge contained in the Federal
grand Jury indictments under which the
men are being prosecuted is that of con
spiracy to defraud the Federal Govern
ment by having furnished money to Ore
gon persons to make entries and buy
homesteads in Oregon.
Charges in Indictment.
The indictment describes the land and
avers that the alleged crime was com
mitted between the years of 1900 and 1903.
The men Indicted maintain that they
never owned the lands described In the
indictment, never had anything to do
with the matter and that they never
owned any lands within 40 miles of uiose
in connection with winch the fraud Is al
leged. The belief here Is that the accused have
been made the victims of Oregon land
sharks. Oshkosh capitalists, including the
five named, have dealt largely In Oregon
and Washington lands in recent years,
but they have always done it through
third parties.
ASHLAXD AND MEDFORD MEN
ARE INVOLVED.
James H. Prlscoll, Former Clerk of
Klamath County, Was Ac- -cuscd,
and Disappears.
Reports from Wisconsin of the arrest
of five capitalists of that state in connec
tion with the present inquiry into Ore
gon land frauds give the first information
that has been made public of the serving
of warrants pursuant to one of the most
Important indictments returned during
the present session of the Federal grand
Jury. It was known that the Govern
ment representatives in Wisconsin were
busy taking Into- custody tha men
against whom charges had been made
but the first news of the result is con
tained in the special dispatch from
Oshkosh, not even District Attorney
Bristol yet having received official advise
ment of the arrests.
The Wisconsin men who have been ar
rested are said to be the chief partici
pants in the fraudulent operations for
which the indictment which included
their names was Issued. Oregon men
were also Involved in the alleged fraudu-
LlsmL-fpQzteiiM&s imt only, it is -jessed.
as the tools of the Eastern men who are
men of wealth and furnished the funds
for the operations and also laid the plana
by which, it is charged, they Illegally ob
tained great tracts of Government acre
age. The Oshkosh men who have been ar
rested, Leander Choate, James Matt
Bray, Benjamin Doughty, James Doughty
and Thomas Daly, operated in Southern
Oregon as the Oshkosh land & Timber
Company. August Anderson and Joseph
Black, of Shawano, are also said to be
connected with this corporation. Choate
is said to be very wealthy, and the others
are all men of wealth and prominence in
their home state.
The charge upon which they are arrest
ed is that of obtaining a large tract of
timber land east of Klamath by induc
ing men to file upon it and then turn it
over to them for a small consideration.
Most of their work is said to have been
carried on through representatives In this
state, but the principals themselves are
said to have been on the ground at va
rious times. Choate, who la reported to
have been a leader in the proceedings, is
said to have visited the Btata and to
have taken a direct hand in bringing
about some of the fraudulent entries.
It Is alleged that the original scheme of
the coterie of capitalists was to acquire
several immense tracts of valuable land,
aggregating nearly 40 sections. The plan
did not work out in Its entirety, but even
the partially completed operations are said
to have brought them into control of
about 160,000 acres of land. Some of the
land is located on Jenny Creek, some on
Lone Pine Mountain and a portion east of
Klamath. All of the land is in Klamath
and Lake Counties.
Connected with the Wisconsin men in
the indictment are Sumner J. Parker, of
Ashland, who has already been brought
into custody at Medford, and a timber
cruiser who was arrested at the same
time. James H. Drlscoll. ex-Clerk of
Klamath County, 's also Implicated, and a
warrant has been issued -for his arrest,
but It is said that he has left the state
and eluded the authorities. Two other
names which have not been made public
were included in the same Indictment.
The BaBtern men are said to have come
into possession of the land by inducing
Oregon people to file upon It and turn it
over to them as soon as they obtained it.
In many cases It Is alleged the transfers
were made the day the final papers were
received. All of the land was taken as
homestead claims. Most of those who
made the nlliiRS were residents in the vi
cinity of Ashland and Medford. and these
persons were used as witnesses before the
grand jury.
Sumner J. Parker, now in custody, is
understood to have been the solicitor for
the Wisconsin men.-: Through his agency
It Is'alleged men and women were induced
to take up the land, with the understand
ing that it wu ;to be turned over to the
Oshkosh Land & Timber Company as soon
as the final papers were received. The
papers were filed with James H. Driscoll
at Klamath Falls. Driscoll is accused of
accepting fraudulent proofs of land and
being a party to the general scheme to de
fraud the Government. With all of the
wires carefully a.ld for their- operations, It
is said that the scheme was carried on
smoothly and ihpuaonds of acres of Gov
ernment lands seized before the proceed
ings against them wore commenced. .
The present returns are on the first of
the" Important Indictments returned by the
present grand Jury. The session opened
March 14. Several minor matters were
first attended to, and the indictment of
the Wisconsin men occurred about April 1.
CONTENTS TODAY'S PAPER
Th Weather.
TODAY'S Fair and warmer; northwest
wind!.
YESTERDAY'S Maximum temperature, 68
dcg.; minimum, 48 dfg.
The California Ilrastr.
Phelon describes pitiful conditions to Taft and
(jrflfly says new appeal for aid may b
needed. Paice 1.
Portland delegate consider plan for distrib
uting fund. Pace 3.
Idle men refused free food and put to work.
Pace 4.
Stens taken to adopt plan of rebuilding-.
Pasc 4.
"Water -supply safe, but short. Page 4.
Banks reopen and do Rood business. Pave 4.
Foreign.
Russian "Democrats will caucus on radical
measure of land reform. Pagre 7.
New Russian Cabinet composed of reaction
aries, but will soon die. Pasce 7.
Turkey yields on Tabah question, because
other powers support Britain. Page 4.
Russian 0tudent in Paris blown up by hia
own bomb. Patre 0..
Bold pint of Armenians to capture arsenal.
Pa ire 7.
Russian expedition to M on folia. Pace 5.
National.
Tillman prills Federal Judges In speech on
rate bill and make Spoon er squirm.
Faze 1.
Majority secured for court review provision
on rates. Paae 1.
Moodv prepares to prosecute Ptandard Oil and
railroads for rebatinc Page 2.
House discusses naval bill and tariff. Page 6.
Ex-Consul MoWade turns on his accusers.
Page S.
Domestic.
Anthracite miners' convention considers ques
tion of strike. Pace 7.
Widow of Abner McKinley accused of making
away -with prooerty. Page 4.
Pacific Coast.
Attorney W. C. Fischer brutally assaulted
by thug at Rainier. Page 6.
Oregon Supreme Court denies jurisdiction in
aDDeal on suit over title to local option
bill. Pane 6.
Official count of ballots In Republican and
Democratic primaries. Page 6.
Hill interests will fight Harrlraan's entrance
to Seattle. Page 6.
Sport.
First Boxing match under new prizefight law
In New York. Page 32.
Beavers defeat Commuters by a score of nine
to xero. Page 12.
Seattle an Los Angeles want to quit the
league, but Portland stands by Ban Fran
cisco and Oakland. Page 12. -
Blooded animals will go under the hammer.
Page 13.
Commercial and Marine.
Oregon wool market alow to open. Pag 17.
Chicago wheat steady on good milling demand.
Page 17.
Heavy liquidation of -mocks over, but market
is unruled. Tage 17.
fcteamer Redondo loses stack in storm off Tai-
roka and puta back to San Francisco.
Page 16.
Steamer Tottenham chartered to load lum
ber at Portland for China. Page 16.
Portland and Vicinity.
Gigantic $.10.000. 000 merger of all electric
light, power and wtret railway properties
of Portland. Salem, Mount Angel, Wood
burn, Sllverton and Vancouver effected.
Page 1.
As the result of indictment returned by Fed
eral grand jury in. Portland, five lumber
men and bankers of Oshkosh. Wis., axe
arrested and arraigned. Page 1.
Relief fund now lacks lss than f4Y 0f
reaching the quarter-million mark. Page 10.
T. K. Abrams gave freely of bis money, tes
tify witnesses. Page 13.
Fourteen Important franchises In various
stages of progress. Page 10.
Witnesses for the defense in the suit of the
Johnson estate heirs to oust W. M. LacM
as administrator ay that management of
Redville ranch was good. Page 13.
San Franciscans grateful to Portland for its
prompt generosity. Page 10.
Bruin enlisted from Chicago, Army records
show. Page 16.
Woman's relief committee concludes Its work.
Pas 11.
Flrmn who distinguished themselves at the
Chamber of Commerc Are will be fire
amted -with, .mfrtairV f&CQ il -
TILLMAN GRILLS
FEDERAL JUDGES
Gives Reasons For
Limiting Power.
KITS SPOONER ON TENDER SPOT
Angry
Words About Strike In
junction Case.
TALKS OF JUDICIALTYRANNY
Cites Many Instances of Misconduct
as Reasons for Not Giving Loner
Federal Courts Power to
Suspend the Kates.
MAJORITY FOB COMPROMISE.
WASHINGTON. May 3. (SpeciaJ.)
The long contest over the form of the
Judicial review amendment to the
Hepburn railroad rate bill la believed
to have ended. It Is claimed with what
appears to be warranted confidence
that 54 Republican votes have been
secured to the. compromise provision.
The present Intention among the
leaders Is to adjourn tomorrow af
ternoon over Saturday, so that Mr.
Allison,- who has engineered the com
promise, can be present and bindi the
agreement. He was confined to hia
home today.
WASHINGTON, May 3. This was the
last day for general debate in the Sen
ate on the railroad rate bill, and It w&3
fully occupied. Following , a brief
speech by Nelson, Tillman spoke at
length in an effort to show by criti
cism of individual Judfres that the
power of granting- temporary injunc
tions by inferior United States Courts
should be taken from them in Inter
state Commerce Commission cases and
be was- followed by Bacon, Bailey,
Teller and Foraker in speeches at some
length.
Tillman's speech consisted mainly of
quotations reflecting, upon the con
duct of Federal Judges in different
parts of the country. While he was
speaking, he engaged in a controversy
with Spooner, in which the Wisconsin
Senator characterized his adversary's
reference to him as "indecent" and
during which Tillman ordered Spooner
to take bis seat.
Difference Between. Democrats.
Bacon criticised the course of Till
man as calculated to produce a false
impression on the country and was in'
torn censured by Bailey, who held
that, while the office of Judge is en
titled to the greatest respect, there
should be no reverence for Judges as
men. -
The Army appropriation bill carrying
an appropriation of about 374,000,000
was passed.
When the Senate met, Tillman again
asked for the postponement of his
resolution for the investigation of the
eviction of Mrs. Minor Morris from the
White House last Winter. He asked
that the measure lie on the table until
he might desire to take it up.
The railroad rate bill was then laid
before the Senate and Nelson ad
dressed the Senate in opposition to
Bailey's amendment depriving inferior
United States Courts of the power of
suspending orders of the Interstate
Commerce Commission.
Tillman Grills Federal Judges.
Tillman rose to express regret that
the country's faith in the Federal
Courts was not firm. He referred to
the decision of the Supreme Court on
the income tax cases, saying that in
that case one of the Judges had
changed his mind.
"Thus," he said, "the practice of a
century was reversed and the country
submitted, merely because of the plea
that the highest court In the country
must be sustained."
He could not accept the idea that
there was anything holy about a Judge
and said: "When we see how the high
est Judges differ or change their minds,
possibly because something gets - the
matter with their stomachs or they
sleep badly, we cannot be blamed if
we can see that they are not Infalli
ble." He therefore saw no reason why
a nonsuspension provision should not
be "tied on."
Judge McTherson at Banquet.
He also cited other cases in other
courts, intended to show that some
Judges are "not only not infallible,
but not incorruptible." The first of the
references was to Judge Smith Mc
pherson, of Iowa, who was represent
ed 1 nan article in the New Tork
World of March 30, as having ap
peared at a banquet to Governor Cum
mins at Council Bluffs In such a con
dition as "not to be able to stand up
without clinging to the table."
Carter defended Judge McPherson as a
man of great learning and of probity of
character. If in participating in the ban
quet he had entered into the spirit of the
occasion, he had merely shown himself a
good fellow. He criticised the course of
the man who had given out the occur
rences of the banquet. He had never
heard any one intimate that Judge Mc
Pherson was guilty of an excess in the use
of intoxicants.
Dolliver and Perkins also defended
Judge. M-cPiiexiogj Parkins dfic&r&g ttiAiJLnarao, Cuba,
having been at the same hotel with Judge
Perkins four years, he knew him to be a
teetotaller. Dolliver said that the Judge
had never been charged with a want of
Judicial fairness.
Railroads Give Judges Picnic.
Tillman next referred to a pleasure trip
to Tamplco given by three railroads to
Federal Judges McPherson. Phillips and
Pollock. The account was condensed from
the Kansas City papers, and showed that
the Judges had been provided with a spe
cial car and were accompanied by the
genera J solicitors of the roads giving the
excursion. Tillman said that Judge Phil
lips had been especially commended by the
President in connection with the Paul
Morton case, and he contrasted the Presi
dent's course in this case with his course
in criticising Judge Humphrey in the beet
packers' case. He would have Judges
keep themselves above suspicion, like
Caesar would have had his wife. He
would have them in such a position that
they would not be subject to the reflec
tions of any "dirty newspapers."
The Senator also called attention to a
railroad case at Sherman, Texas, in which
he declared Circuit Judge McCormick had
declined for six years to allow an unpreju
diced Judge to sit. He said that the mat
ter" had been brought to the attention of
Congress by petition, and declared that
with such a Judge sitting in a given case
complainants would have to "whistle for
relief." He would stop judicial tyrants
from denying Justice.
Makes Spooner Jump.
He next called attention to the Nortly
em Pacific receivership, in which Judge
James S. Jenkins, of the seventh circuit,
figured in 1893, and in which an Injunction
against strikers was granted. Comment
ing on these facts, Tillman said that Jen
kins had recently retired, "therefore," he
added, "he can do no more devilment like
this."
"I believe it has come to be considered
good law to issue injunctions against
strikers," said Tillman, and added: "If it
is not, the Senator from Wisconsin (Spoon
er) will correct."
The manner of this appeal to him evi
dently angered Spooner, who. as attorney
for the receivers, obtained the Injunction
in question. He rose and replied sharply,
saying:
"The Senator from South Carolina for
gets what is decent when he challenges
me in that manner."
Judicial Tyranny in South.
When the tiff between him and Spooner
had drawn to a harmless close, Tillman
returned to his strictures on certain Fed
eral Judges. He considered the case of
Editor Josephus Daniels, of the Raleigh
(N. C.) News and Observer, who, he said,
had been thrown into prison for criticising
the appointment of a receiver for the At
lantic & North Carolina Railway by
Judge Purnell. Tillman said he could re
view instances in his own state of acts of
tyranny and Indecency, but the Judre
committing them Is dead and had settled
his accounts elsewhere.
The Senator said he also knew of
some carss in Georgia, but that he
would take up, the case of Circuit
Judge Pardee in enjoining the Florida
Railroad Commission from instituting
suit to compel the Louisville & Nash
ville Railroad to reduce its fares from
4 to 3 cents a mile. He charged that
Pardee ought to be impeached for his
course. If impeachment proceedings
were brought to the Senate, Tillman
predicted that there would not be votes
enough to impeach, although the Judge
were proved guilty of violating his
oath of office.
Situation Needs Pliysic.
Tillman next paid his respects to the
case of Judge Charles Swayne, of Flor
ida, whom the Senate refused last ses
sion to impeach. Tillman then closed
with an apology, explaining that the
situation was such as to require the
administering of some "physic." He
would not allow the Judges to "roam
up and down the land, doing whatever
the railroads want and refusing to
grant relief to the people."
Bacon said the same Judge that
would issue an interlocutory decree
must in the end pass upon any case be
fore the court, and asked what remedy
there was if there were so many
Judges guilty of reprehensible con
duct. Tillman replied that he would de
pend upon the Supreme Court.
Bailey also replied that, in case a
temporary injunction was granted in a
given case, it would be held up indefin
itely, whereas it would be expedited if
there should be no injunction. These
declarations led to a controversy over
the right of appeal in Injunction cases,
in which Bailey, Spooner, Bacon and
Culberson participated.
Puts Question to Bacon.
Tillman asked Bacon if he did not
believe It proper to call the attention
of the country to the derelictions of
Judges, as there was no way of punish
ing them except by impeachment.
Bacon responded that the Senate had
no right to originate charges, and that
for It to do so was to usurp "the power
of the House and in a measure disqual
ify Senators from conducting impeach
ment proceedings. He admitted that
he had voted for the impeachment of
Judge Swayne, and said that he was
sorry Swayne had not been found
guilty.
Tillman declared that he had not in
tended to censure the entire judiciary,
but contended that, so long as there
were such men as McCormick, Pardee
and Swayne on the bench,' the crlticisim
of individual members of the Judiciary
was Justified.
, Teller Defends Judges.
Teller praised the Judiciary of the
United States as the most exemplary
known to the history of the world, but
said he had known of many individuals
who departed from the high standard
of the great body. He announced him
self as favorable to the rate bill as It
passed the House, with the addition of
the Bailey amendment, including the
provision for a court review.
Bailey- opposed Bacon's contention
that the judiciary should not be criti
cized on the floor of the Senate. Con
sideration of the Army appropriation
bill was resumed and after further
amendment It was passed.
Atlantic Fleet at Xetv York.
NEW TORK. May 3. The first division
of- the Atlantic fleet, consisting of the
.Maine, Missouri, Kearsarge and Ken
tucky, arrived here today from Guanta-
NEW APPEAL FOB
HELP DF NATION
Phelan Says It May Be
Necessary.
TELLS TAFT CITY'S SAD PLIGHT
Only Eleven Days' Rations
Remain for Homeless.
STILL FEEDING 300,000
Chairman of San Francisco Paints
Telling Picture in Few Words.
Greely Suggests Xew Call
for Nation's Aid.
. . .....
APPKAI, AGAIN TO XATION. t
WASHINGTON. May 3. In a tele- J
gram to the War l-partment today,
General Greely reported a general Im- 4
provement In conditions at 8an Kran-
Cisco and vicinity. He calls attention
to the fact, however, that scarcely ten 4
days relief rations are in sight and
that further appeal to the generosity of
the American people Is possible.
Reporting over night, Edward T. 4
Devinc. representing the Red t'roas.
says that 300.000 were fed on May 1. f
Relief, plane, he said, must be contin- 4
ued for several weeks. He reports
present little need of relief at Santa f
Rosa, but says the greater need will T
be in San Francisco, Oakland and im- I
mediate suburb.. f
SAN FRANCISCO. May 3. When the
finance committee met this afternoon.
Chairman James D. Phelan read a tele
gram which was later sent to Secretary
Taft. Any rumors of lack of harmony be
tween the local citizens' committee and
the War Dep-rtment because of the dis
position of the funds appropriated by Con
gress were dispelled by this m-s-sage,
which read as follows:
. "Telegram May 1 received. Finance
committee directs me to acknowledge the
same and to state that it fully under
stands the situation with which you are
confronted and your authority in the
premises. We have only to renew our
thanks for the prompt manner In which
you met our needs wlmout even waiting
for the action of Congress, and we plainly
see that no disbursement of funds can be
made except through the regular Govern
mental channels. The only advice we pre
viously received was that Congress had
voted large sums of money for San Fran
cisco, and the impression was abroad that
it would be disbursed by local authori
ties. Valuable Aid of Army. ,
"The Army organization under General
Greely has given us inestimable aid and
has co-operated in systematizing the work
of relief. We are under great obligations
to the Army and desire to express our
acknowledgments. There is perfect har
mony of co-operation between the Gover
nor, the Mayor, this committee, the Army
and the Red Cross. We will communicate
with you from time to time as to the
supplies most needed. We suggest the
fund be credited with the articles not
needed, as certain quantities of tents and
blankets, and that so far as practicable
you expend funds in California, to avoid
transportation cost and to circulate the
money where It Is most needed for re
habilitation of business.
"Cash on hand, less than 3300.000, with
drafts in process of collection of which
we will report further. Will also advise
you as to respective use of money at ear
liest posible moment.
Period of Privation . Near.
"Meanwhile desire to say that we are
entering on a period of unprecedented
privation. The assessable value of the
city's property w,ill be reduced by about
200,000,000, and the ability of the city
government to maintain its institutions
will be accordingly decreased. Charitable
institutions and hospitals depending upon
private contributions, paid patients and
like sources of revenue are in absolute
need, and those which have no endow
ment will be charges on us. In many in
stitutions their buildings are destroyed.
The poor, the old and young create a de
pendent class which is augmented by the
unemployed and certain classes of per
sons doing jlerical work and engaged in
domestic services. They will have to wait
for the restoration of business houses ana
homes. The city, with all its agencies,
has been destroyed and its manifold ac
tivities paralyzed.
"By limiting rations to women and chil
dren as a measure of restoring business,
the men will be required to seek work, of
which there is much of a rough character
in cleaning up the city and preparing it
tor reconstruction. Apart from shelter,
food and clothing, efforts will be made
to restore the worthy to their employ
ment. "Dr. Devine and the committee are so
en?t.ged in the important work of sys
tematic relief that these questions, be
coming more necessary of solution every
day, have not as yet been carefully
worked out. We will be pleased to keep
you fully adtflsed In order that you may
wisely direct the expenditure of the fund
in your keeping."
Only F.leven Days' Rations.
General Greely made a brief speech on
the food situation, saying:
I don't like to be an alarmist, but I want
a-uucluded 11a fua i