VOL,. XL, VI. NO. 14,356.
PORTLAND, OREGON, WEDNESDAY, DECEMBER 13. 1906.
PRICE FIVE CENTS.
1
MOODYWILLHAVE
NO CLEAR TRUCK
Opposition to Becom
ing Supreme Judge.
DEMOCRATS RAKE UP RECORD
He Tried to Reduce Southern
Representation.
VOTE TO BE TAKEN TODAY
Bonaparte Awaits Moody's Fate.
Senate Asks 'When Cortelyou and
Garfield Take Xew Offices.
An Appointment Opposed.
WASHINGTON. D. C. Dee. 11. The
nomination of William H. Moody to be
Associate Justice of the Supreme Court
of the United States was again taken up
today, but, because of renewed inquiries
by Democratic Senators, this time relat
ing to actions by him as a member of
the House of Representatives, It went
over until tomorrow. An understanding
was reached, however, to vote on the
nomination In executive session tomor
row. Carmack and Culberson commented on
a story that Mr. Moody as member of the
House had been active in trying to have
passed a bill that would reduce the rep
resentation of the Southern states. The
latter said there were several matters
which might affect the present Attorney
General's fitness for a place on the
Supreme Court bench that the Democra
ts Senators desired to inquire about.
Bonaparte and the Trusts.
No attempt was made today to con-,
firm the nomination of Charles J. Bona
parte to be Attorney-General, as that
nomination depends on the confirmation
of Mr. Moody in order to provide the
vacant Attorney-Generalship.
In reference to the criticisms made yes
terday in tho Senate upon his attitude
toward trusts, Mr, Bonaparte today said:
I did not Attend the conference held In Chi
cago in 1RII9. to -which reference had been
made In nme press dispatches, consequently
made no address there. The question pub
lished as excerpts from thlfl supposed addross
re probably answers to certain printed ques
tions sent to me and to a preat many other
perrons by those, who organized the confer
ence and to which I remember sending re
plies. This Am all I care to say on tho subject,
to which, I must own, I have given but little
thought.
J AVant Date of Retirement.
Before the Senate confirms the nomina
tions of George B. Cortclyou to be Secre
tary of the Treasury and James R. Gar
field to be Secretary of the Interior, the
Senate committee on finance will Insist
upon learning from President Roosevelt
when Secretaries Shaw and' Hitchcock Intend-
to retire.
The committee today declined to make
favorable reports on nominations until
word has been received from the Presi
dent. Failure to act on the nominations does
not Indicate hostility to Cortelyou and
Garfield. Political questions, it was de
clared, did not enter Into the committee's
discussion. In fact, a Republican mem
ber of the committee raised the question
of the desirability of calling upon the
President by suggesting that the manner
of 'making the appointments indicated
that the President was taking options on
available men for the Cabinet and com
mitting the Senate to them in advance of
any information as to the beginning of
their period of service.
During the consideration of the nomi
nations, the attention of the committee
was called to the nomination made yes
terday of Thomas Ives Catfleld of New
York to be United States judge for the
eastern district of New York In the
place of Kdward B. Thomas, ''who is to
resign soon." The latter explanation ap
peared in the place where It is customary
to show the date on which service of the
new appointee is to begin or the date of
the retirement of the incumbent. Com
ment upon this nomination was freely
passed.
Opposition to Mcllhenney.
. On account Of opposition, the namlna
tion of J. M. Mcllhenney of Louisana to
be Civil Service Commissioner to succeed
Mr. Coolcy was not acted on. It was
rumored on the floor that there will be
opposition to Mcllhenney because his
appointment will make the Civil Service
Commission Democratic, but it was de
clared that Messrs Cooley and Mcllhen
ney will be confirmed tomorrow.
Several hundred nominations, most of
them for naval offices were confirmed.
Among them were Pay Director Eustace
B. Rogers to be Paymaster-General and
Chief of the Bureau of Supplies and Ac
counds Iri tho Department of the Navy
with the rank of Rear-admiral for a term
of four years and a large number of offi
cers retired with increased rank "under
the naval appropriation bill of last
cession.
Knox Smith Nominated.
The President sent to the Senate the
following nominations:
Commissioner of Corporatlons-Herbert
Knox Smith. Connecticut.
Captain on active list, to be Rear-Admiral
on retired list Franklin J. Drake.
Postmasters Alaska: R. R. Hubbard,
Douglas. Idaho: F. Evans, Burke; Julia
Oonners. Mullaney; W. H. Greenhow,
Twin Falls.
Von Behring's Tuberculosis Cure.
STUTTGART, Germany, Dec. 11.
Professor von Behrlng read a paper
here tonight before the Society for the
Care of Sick in the Colonies on his
method of treating tuberculosis. He
believed that tuberculosis bacilli find
their way into the 'human system
through milk. His theory directly
contradicts Dr. Koch's doctrine that
tuberculosis in milk is not dangerous,
and that consumption, in most cases, is
contracted through the breathing in of
germs. He intends to recommend a
remedy called "tulaselaktin" as a pre
ventive of tuberculosis of infants.
WAR BETWEEN TWO UNIONS
Industrial Workers Strike, Federa
tion Will Fill Places.
SCHENECTADY, N. Y., Dec. 11. The
2.100 members of the Industrial Workers
of the World employed at the General
afternoon on account of the company's
reiusai xo reinstate xnree uiscnaigcu
Ex-United Slates Senator Arthur
Brown of Utah, Who Was Shot by
Mrs. Bradley.
men, went back to the works this morn
ing, but at 9 o'clock walked out in a
body. They made no demonstrations.
The company employs 15.000 hands, the
majority of whom are affiliated with the
American Federation of Labor, which is
not concerned in the present trouble.
There has been bad feeling between the
I. W. W. and the A. F. of L. for some
time, and it is understood that the Fed
eration Has volunteered to the company
to fill the places of the striking Indus
trial Workers of the World on short no
tice. DEITY'S NAME DISCUSSED
Oklahoma Religious Sects Heard by
Constitutional Convention.
GUTHRIE,' Okla., Dec. 11. The consti
tutional convention this morning entered
into a heated discussion over the ques
tion of whether the Supreme Being should
be recognized as "the Supreme Ruler of
the Universe" or "God Almighty." Peti
tions from different religious sects, in
cluding one from the Atheists, were pre
sented, asking that there be no religious
discrimination In the language of tho
constitution. ,
KING OF CIGARETTE FIENDS
Dies After Having Smoked 500,000
, Nerve-Killers.
CHICAGO, Dec. 11. Julius Persky, of
Hammond, Ind., died tonight from ex
cessive smoking of cigarettes. He
said that he had smoked 600,000 cigar
ettes during his lifetime. His only
sustenance for three months had been
diluted alcohol and cigarettes.
CONTENTS TODAY'S PAPER
The Weather.
YESTERDAY'S Maximum temperature, 47
degrees; minimum temperature, 41 degrees.
TODAY'S Rain; southerly winds.
l-'oreign.
Prance expels Pope's agents and pushes war
on church. Page 1.
British Premier defies lords and provokes
crisis between two houses. Page 5.
Doubt whether Shah Is dead or alive. Page
5.
Horrors of Chinese famine. Page 8.
National.
Roosevelt will drop Bristol If Senate re
jects him. Page 1.-
Democrats oppose Moody's confirmation as
Supreme Judge. Page 1.
Burrows opens debate on Smoot. Page 4.
Hitchcock's .report on irrigation. Page 3.
President sends message proposing citizen
ship for Porto Rlcans. Page 4.
House debates many topics. Pago 4
roll tics.
Democrats win Boston election. Page 4.
No llcenre carries three Massachusetts cit
ies. Page 4.
Hughes to confer with Roosevelt today.
Page 4.
Kahn speaks against Japanese immigration.
Page 2.
lomesHe.
Barnham convictefl of stealing. Page 2.
Ottlnger. king of ticket scalpers, rives up.
Page 2.
Sugar trust pleads guilty and is fined for
rebating. Page :t.
Shoa proposed to drnamlte strike-breakers
wholesale. Page 1.
Senator Brown at point of death. Page 3.
Pacific (bast.
Brakeman killed In frr-lght wreck on the
O. R. & N. near Umatilla, Or. Page 6.
No jury has yet been secured in Chester
Thompson trial at Tacoma. Page 6.
Decision of the Supreme Court at Salem.
Page 7.
Development leagues of two counties meet
at Heppner. Page 5.
Portland and Vicinity
Lawyers propose new statutes. Page 10.
Mayor Lane writes open letter reviewing
controversy over city's accounting sys
tem. Page 10. 1
Bankers' committee sends out copies of pro
posed state banking bill. Page 11.
Golden Jubilee jtf House of Providence cele
brated at Vancouver. Page 11..
Committee of business men will probe into
fire insurance rates. Page 9.
Union Pacific's annual report proves cheese
paring policy of Harriman. Page 14.
Rapid progress made In trial of O. S. Mur
ray for murder. Page 11.
Council appoints committee of citizens to
supervise experting of city books. Page 10.
Commercial and Marine.
Possibility of higher prices in butter mar
ket. Page 15.
"Wool strong at Boston on smalt supply.
Page 15.
Chicago wheat weakened by selling. Page 15.
Stocks respond promptly to relief meas
ures. Page 15.
Steamer Costa Illca arrives after stormy
voyage. , Fags 14.
BRISTOL'S LUST
E
No Re-Appointment, if
Turned Down.
ROOSEVELT'S PURPOSE PLAIN
Wishes Final Action by Senate
on Selection.
WILL ACCEPT THE DECISION
If Senate Fails to Act, He, Will Re
appoint the District Attorney.
Otherwise He Will Make
Sew Choice.
OREGONIAN NEWS BUREAU. 'Wash
ington, Dec. 11. If the Senate committee
on judiciary, upon again reviewing the
charges against District Attorney Bristol,
decides to recommend the rejection of his
nomination, it is not .believed that the
President or any member of hla Cabinet
will exert influence to have the recom
mendation of the committee' overturned.
In renominating Mr. Bristol the Presi
dent pursued a perfectly consistent
course, for, while he withdrew Mr. Bris
tol's nomination last "Winter at the time
the charges were filed, he sent it back
to the Senate when he had received Mr.
Bristol's explanation of his famous letter.
There was not sufficient justification In
that letter. In the mind of the President,
to unfit Mr. Bristol for office, although
Attorney General Moody and other offi
cials of the Department of Justice took
the opposite view.
(Mr. Bristol's conduct in the land fraud
cases during the past Summer would not
tend to turn the President against him;
if anything. It would strengthen him with
the President and, in sending In Mr.
Bristol's nomination at the opening of
the present cession, the President merely
carried out his policy established last
session.
While the President believes Mr. Bristol
Is qualified to fill the District' Attorney's
office. It is nevertheless believed that if
the Senate judiciary committee disagrees
with him as it did last session, he will
accept Its Judgment In that event, if
Mr. Bristol's nomination should be re
jected, the President would make a new
appointment; If, on the other hand, the
Senate should fail to act on the nomi
nation, the President could consistently
reappoint Mr. Bristol immediately after
adjournment.
LIGHTSHIPS NEED MOKE CASH
Increased Cost of Material Prevents
Contracts Being Let.
OREGOXIAN NEWS BUREAU. Wash-
AN
CHANC
GOMES
ington, Dec. 11. Because of Increase in
the cost of materials the Government
has been unable to let contracts for the
construction of six important lightships
or lighthouse tenders authorized at the
last session of Congress, among them the
lightship for the station at the mouth of
the Columbia River and the lighthouse
tender for use on the Oregon-Washington
coast. A bill has been introduced and
will unquestionably be' passed increasing
the appropriation for each of these ves
sels and in the event of its passage, ad
ditional appropriations will be made in
the sundry civil bill this session.
Captain Sebree, of the Lighthouse
Board, appeared before the House com
mittee today and urged an appropriation
for the Columbia River lightship, for
which $130,000 was appropriated' last ses
sion. He stated this is not sufficient, and
urges an Increase to $215,000. The Secre
tary of the Treasury also urges a like In
crease for a lighthouse tender for the
Thirteenth Lighthouse District.
Through an error an item was left in
the sundry civil bill last session appro
priating $150,000 for a lightship for the
station on Swiftsure Bank off Cape Flat
tery, Wash. The conference committee
dropped this Item, but the printer failed
to take It out of the final print as signed
and theoretically it is part of the law.
This provision Is to be repealed by a
special act introduced by Representative
Cushman and new efforts will be made
to secure the enactment of a bill already
passed by the Senate authorizing the
construction of this ship. If the bill goes
through the House the appropriation will
be properly made in the sundry civil
bill this session.
REGRETS ATTACK OX FULTON
President Says Hitchcock Is Guilt
lessCharges Against Edwards.
OREGOXIAN NEWS BUREAU. Wash
ington, Dec. 11. President Roosevelt
today told Senator Fulton he very
much regretted publication ' of the
attack on him by Collier's and assured
him the publication was without his
knowledge or consent. He also said
that. Secretary Hitchcock also dis
claimed responsibility for the article.
Senator Fulton today filed with the
Indian Office numerous affidavits of
respectable residents of Pendleton,
making charges against Indian Agent
Edwards, of Umatilla Reservation. In
turn it is charged Mr. Edwards used
his official position to secure business
for Thompson's bank, also a charge
of drunkenness is made. The charges
will be investigated immediately. The
Senator also intends to protest against
the department practice of making
charge for tho privilege of driving
livestock across Umatilla Indian reser
vation. Sell Indian Minor's Land.
OREGOXIAN NEWS BUREAU. Wash
ington, Dec. 11. Representative Jones to
day introduced a bill authorizing the sale
of the land of Indian .minors on peti
tion of parents or guardians or of the
Indian agent In charge, subject to the
approval of the Secretary of the Interior.
At present large areas of land under
Government irrigation projects and In
rich agricultural districts are tied up be
cause minors are unable to utilize the
land and unable to dispose of it. The bill
Is intended particularly to dispose of the
land of Indian children on the Yakima
reservation.
Cushman Feasts Alaskans.
OREGONIAN NEWS BUREAU. Wash
ington, Dec. 11. Representative Cushman
today entertained at luncheon in the
House restaurant the two Delegates from
Alaska, Waskey and Cale. They feasted
on corned beef and cabbage. Waskey Is
to be appointed a member of the com
mittee on territories.
INTERNATIONAL MALEFACTOR
FRANCE TAKES UP
PIUS' GHALLENGE
Expels His Chief Emis
sary in Haste.
CONSTERNATION AT VATICAN
Clergy Ordered to Vacate Offi
cial Abodes.
STUDENTS CALLED TO ARMY
Clemencean Says Montagninl Incited
to Rebellion Offers Church Last
Chance to Avoid Conflict,
but With Threats.
PARIS, Dec. 11. Monsignore Montag
ninl. secretary of the papal, nunciature
here since the recall of the nuncio, was
arrested this afternoon upon an order ex
pelling him from France and tonight, ac
companied by a commissary of police, de
parted for the Italian frontier. The resi
dence of Monsignore , Montagninl was
searched by the police.
Immense quantities of documents found
at the nunciature were seized and taken
to police headquarters, '
A courier from the papal secretary of
state, Cardinal Merry del Val. bearing dis
patches from Rome, was turned back at
the frontier today.
Premier Clemenceau replying to a ques
tion In the Chamber of Deputies tonight
as to the reason for the expulsion of Mon
signore Montagninl, said it was because
of his complicity with prominent clergy
men of Paris against whom proceedings
were pending for inciting churchgoers to
rebellion. Interference by foreigners on
orders from Rome in the politics of
France, he declared, was not permissible.
"If the church wishes," he continued,
"there Is still time to avoid a battle. 'We
offer her the law of 1881, made for all
Frenchmen, and, submitting hereto, she
will have peace; but otherwise, by seeking
us, she will find us."
REGARDS CHURCH AS ENEMY
French Policy as Interpreted by Vat
ican Officials.
ROME, Dec. 11. The expulsion from
France of Monslgnore Montagninl, secre
tary of the papal nunciature at Paris,
who has represented the Vatican at the
French capital since the recall of the nun
cio, has caused not only astonishment
but also consternation ' at the Vatican.
According to Vatican officials, this step Is
an evident proof that the French govern
ment wishes not only to strike at the
church as a religious institution, but to
represent it as an enemy of the republic
and allied with the republic's foes.
Furthermore, the officials characterize
this step as taken in a spirit of meanness,
as the French government knows the
Vatican cannot, because of its position,
indulge in similar action as a reprisal
with the individual who is looking after
French interests in Rome.
The fact that diplomatic relations be
tween France and the Vatican were rup
tured two years ago adds to the difficulty
of the Vatican. M. Nlcard, the last Am
bassador of France to the Holy See, left
Rome in 1904.
Monsignore Montagninl stayed on in
Paris after the departure of the papal
nuncio in order to deal with certain mat
ters pending between France and tha
church. It is observed here- tonight that
possibly Monsignore Montagnini r"iained
too long in Paris.
A curious phase of the situation is that
Monsignore Montagninl, being an Italian
subject, any protest against his expul-
Mrs. Maria Storer, Wife of Bellamy
8torer, the Recalled Ambassador.
sion or the searching of his house must
be communicated to the French govern
ment. ORDERED TO LEAVE HOMES
All Clergy Are Notified and Further
Steps Are Projected.
PARIS. Dec. 11. Formal notice was
served during the day on Cardinal
Richards, archbishops, bishops and
parish priests of this department that
they must evacuate their residences to
morrow. Similar notices were served on the
clergy in the other departments, noti
fying them to leave their residences on
Thursday or Friday.
After a meeting of the Cabinet Min
isters today it was announced that on
December 14 Premier Clemenceau will
ask Parliament to suppress the pen
sions of the clergy, to liquidate the
public property of Catholics and to dis
tribute the presbyteries, seminaries,
etc.
Among other measures the Cabinet
proposes to Introduce in Parliament on
December 14 is a bill authorizing the
government to expel ecclesiastics
whose presence is considered danger
ous to the public pear.
War Minister PIcquart has ordered
the recruiting officers to require
ecclesiastic students to present their
certificates tomorrow. Those who fail
to do so by December 20 will be
ordered to Join the colors January 7.
The order affects 5500 students.
In the hope of effecting a compro
mise, several Deputies, headed by
George Leygues, Radical Republican
and ex-Minister of the Colonies, , have
telegraphed to the Mayors of the com
munes asking them to Induce two'
Catholic laymen from each parish to
make the declaration under the law of
1881, which the pope has forbidden tha
parish priests to make.
SLEEPLESS NIGHT AT VATICAN
More Serious Trouble Expected, but
Pcpe Remains Calm.
ROME, Dec. 11. Great excitement
prevails at the Vatican because of the
actual situation in France, and news
from that country Is eagerly awaited.
The pope today received Cardinal Vin
cente Vannatelli, and in the course of
the conversation said the Vatican de
clined the responsibility for what
might happen in France. It Is believed
here that the coming conflicts may
prove more serious than those which
occurred at the taking of the inven
tories, and it Is suggested that, if
worship Is held privately, the faithful
may have to be supplied with tickets
to attend mass and other religious
ceremonies.
Contrary to his habit, the Pope remained
up until a late hour for the purpose of
reading the telegrams and going over
certain documents concerning the situa
tion in France. With him at work is
Cardinal Merry del Val, the papal sec
retary, who is proving an indefatigable
assistant. Both the Pope and the Cardi
nal are being aided by the substitute
assistant secretary of state, Monsigneur
della Chlesa, and the secretary extra
ordinary of ecclesiastical affairs, Mon
signeur Gasparl.
Persons thoroughly familiar with Vati
can affairs declare that no., such excite
ment and apprehension have prevailed
at the Vatican as tonight since the loss
of the temporal power. ' The Pope is
described as calmer than any member of
his entourage. He is reported to' have
said:
"Man cannot fathom all the designs of
Providence. Perhaps the present tribu
lations are intended only to quicken and
emphasize the ultimate and Inevitable
triumph of the church."-
According to reports received at the
Vatican, the Catholics of France are
divided into two classes, those who identi
fy the interests of the church with their
own political Interests, using the church
ViVl
- 4 1
(Concluded on Page 3.)
SHEA PROPOSED
TO USE DYNAMITE
Sought Man to Blow
Up Strikebreakers.
PICKETS ARMED WITH KNIVES
Former Slugger Betrays Se
crets of Teamsters.
WAS SPY AMONG POLICE
Paid by Shea to Slug Men He Wal
Sworn to Protect Time-Book
of Sluggers' Gang In
Evidence.
CHICAGO, Dec. 11. (Special.) The us
of dynamite with which to hurl hundreds
of strike-breakers into eternity was plan
ned by Cornelius P. Shea, president of
the United Brotherhood of Teamsters, In
the great strike of 1905, according to a
witness who testified in the trial today.
Shea was depicted by the witness as calm
ly proposing the dynamiting of a lodging
house in which the men were quartered.
Scarcely less sensational in its effect on
the witness' auditors was the statement
that the conspiracy extended to placing
strike pickets on the police force as spe
cial officers, sworn to protect the strike
breakers against violence, and as em
ployes of private detective agencies re
tained by employers to preserve their
teams and drivers from attack.
Testimony as to the distribution of
knives among pickets and regarding a
boycott existing over the entire coun
try through the United Mlneworkers of
America against Montgomery, Ward &
Co. came as additional revelations.
Tlme-Book of Sluggers in Evidence.
The witness was Michael Kelly, former
ly secretary and business agent of one of
the teamsters' local unions, now a police
officer assigned to State Attorney Healy's
office. His examination by Assistant
State's Attorney Miller "began with the
recital of acts of violence committed in
the progress of the strike and the Identi
fication of a "time book" kept by Thomas
McCormick in checking up pickets In the
strike. The book contained the names of
about fifty pickets. Its production was
formal notice to the defense that the
prosecution Is in possession of official
records which it expects to use with,
damaging effect in the trial.
Wanted to Dynamite "Scabs."
"Did Shea ever mention the word dyna
mite to you in the progress of the team
sters' strike?" asked Mr. Miller.
"Yes," was the reply. "He said to me,
'Mike, do you' know any one in Chicago
familiar with the use of dynamite?' 'No,'
I reDlled."
" 'Well,' he continued, 1 know two men
in Pennsylvania who would turn the trick
for me if you would show them the
place.'
"I said I would not be a party a any
such atrocity."
"Did Shea tell you where ho wanted th
dynamite used?" asked Mr. Miller.
"Yes. He said It was to he used at th
'scab house' at 20 Lake street."
In the progress of the striks several
hundred men who had taken the places
of striking teamsters lodged and ate at 20
Lake street.
Immediately following this testimony
Kelly told of knives having been pur
chased by members of the strike commit
tee and distributed among the pickets.
Slugger to Protect "Scabs."
Kelly became a special policeman May
3, 1905, and testified that Shea told him
that day if he (Kelly) got In trouble be
cause of helping the strikers Shea would
take care of him. Arrangements mada
by Shea for caring for pickets at a West
Side hospital when Injured also were told
of by the witness. His stories of vlolenc
resorted to in the strike involved these
members of "wrecking crews": "Bad
Eye," "Yellow," "Cabbage," "the Terrlble
Swede" and "Polak Miller.
OFFER TO CONFER SINGLY
Managers Say Engineers' Demands
Cannot Be Settled in Lump. .
CHICAGO. Dec. 11. The Railroad
General Managers' Association today
decided to refuse to grant the demands
of tha engineers. The managers de
clared that they would be glad to con
fer with committees singly, but that
the question could not be settled in the
lump. The engineers, it, was said to
night, would go into conference and
deal with the roads individually.
Carpenters Demand More.
NEW YORK, Dec. 11. Seventeen thou
sand members of the United Brotherhood
of Carpenters of this city will demand an
increase in wages from $4.80 to S a day. '
A conference for a readjustment of the
scale began yesterday.
Black Hills Miners Win Fight.
LEAD, S. D., Dec 11. There will be no
strike of Homestake miners. Superintend
ent Grier tonight received a telegram an
nouncing that the eight-hour day demand
ed by the miners had been granted. Thl
concession is regarded by the men as satisfactory.