Image provided by: University of Oregon Libraries; Eugene, OR
About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Jan. 8, 1907)
VOL. XLVI. NO. 14,3:9. " PORTLAND , REG OX, TLf EfeDXVTJ AXUAR Y ' 8. ' 1 90 7. PRICE FIVE CENTS. I IS FOUND GUILTY Council Committee Re turns Verdict. fWLEGWOYERGIH .Gas Furnished to Consumers Is of Poor Quality. SYSTEM IS CUMBERSOME i'lty Attorney Is lloquesteil to Give Opinion ni to Proper Procedure -Necessary for Revoking Fran chise of the Company. VERDICT Or THF COUNCIL COMMITTEE. , "That it l the nn ani opinion of this committee that nlshed by the Portlani pany is of poor quality. th araii fur 1 Gaa Com- 'That It Is the opinion of this committee that the Portland . Gas Company has grossly overcharged the. public for gai which they have furnished. "That it Is the opinion of this committee ' that the Portland Oaa Company' methods of dealing: with the public aro cumbersome and un- uttlBfactory. The above resolution was paaaed Iat night by the Council commit tee appointed to 1n'estl-ate the methods of the Portland Gas Com pany. ' That the overwhelming testimony ft! to the abuses of its franchise by the Portland Ghs -Oom pany. introdured at the investigation last Spring-, was not lost Upon the Council committee con- ducting- the procecdlnfrt, -was shown last night- At a. meeting In the City- Han ih special committee reviewed the evidence which was presented be fore It In the public h?arings, cen urert the company for its shortcom- IngS'and took steps which may lead to the revocation of its franchise. Although the report or the committee is not concluded, sufficient action was taken to sustain Important charges made against the .gas company by The Oregonlan. which led up to the investi gation. Resolutions were passed de claring that the quality of the gas" Is poor, that the public is grossly over charged for it. and that the methods of the company in c'.eallngr with the public are cumbersome end unsatisfac tory. While' these resolutions sustain the main charges made at the time of the investigation, other minor details will be taken up at the next meeting of the committee. Not only did the committee agree that charges against the corporation had been fully substantiated, but they went further and took the first step which may lead to finding the remedy. That the service ot the committee Is so poor and its methods so arbitrary that its affairs should he under the control of the Council, was plainly the opinion of the Councllmen. That, In their opinion. the evidence may Justify even more decisive action was Indicated by the fact that the City Attorney was asked to Tfindrr written opinion not only covering: the legality of resrutattnsr the company under Its present franchise. tout of forfeiting the franchise either throujch action of the Council or th Teajf stature. The communication of the ommlttee to the City Attorney fol lows: City Attorney's Opinion Asked. "The City Attorney requested to rive his opinion as to whether or not the Council of this city has the power to revoke the franchise or franchises held by the Portland Oaa Company; also to what extent the Council has power ftnrl authority to regulate said Ran com- pany as to service, quality and price; also advise the committee what power and authority the legislature of the state has for revoking said franchise or regu latin? ra above mentioned; sraa com p a n " . a n nd that the "City Attorney be requested to report to the committee within one week.".. After more than four months of Inactivity.-, the special invest Igatlna; commit tee met last nisht at 7:30 o'clock in the City Hall. All member of the original committee wore present with the ex ception of Councilman Annand, who re alrned some time aajo. The cmintttee at present consists of Councllmen Menefee, ItushllRht, Vaughn, Bennett, Masters and Kellahrr. ' Immediately upon ronvfnlng the eom--mlttee took up the consideration of what roller should1 ' be pursued. Councllmen Bennett and Masters desired to render Its f 1 nrlirieT" Immediately to the Council sand Tlow that body to act as it nhould see nt, upon the conclusions reached. II m MKMtcd hy them that the Conn- dl might consult with the City Attorney as to what remedy Is at hand malntntr members. however, sired to probe thf. matter to the toUom In the committee. In their opinion the better j.ollry waa to feet the opinion of the Oity Attorney and then recommend to 1 1 1 Oounrll the revocation of the franchise or the control of the company oy the city, as would be possible, and the evi dence would Justify. A motion to report immediately to the Council was defeated. awl one to obtain the opinion of the City Attorney and then report was sus- tamed by a vote of four to two, council men Bennett and Masters opposing. 4 Evidence Is Summed Vp. The committee then undertook a sum- mins-up of the evidence presented dur ing: the investigation, considering first the Quality of the a;as furnished hy the company. The committee was undivided In its decision that the contention that the company had been supplying con siimers a very poor quality of gan was fully sustained by the evidence. They vent even turther in their individual statements, asserting that the gas Is now even poorer than heretofore. "The eras was poor and Is poor." de clared. Councilman Rushlight, and this was evidently the concensus of opinion. "There was abundant evidence that the a-.-ya was so bad .that the only term which adequately expresses It Is that it was bum.- Practically all of the testimony showed this, and everyone knows it to be a fact." In the statements of Mr. Rushllgrht. all of the other members of the committee Senator Henry Cabot Lodge, Who Iefends "resident's Power to Sum marily Ulacham. Soldiers. concurred. "There is no doubt that this charge . is true." said Councilman Masters, "and we should say so in our report. During the investigation and after it had been ended, for a short time the company -improved the quality of its output. After the agitation had sub Sided, however, it again deteriorated. It is worse at present than It ever was." After the other members of the com mittee had expressed a similar view of the situation. Councilman Vaughn moved that the committee put themselves on record accordingly, which motion was seconded by Councilman Bennett. It was carried by unanimous votl. The flndliiK of oie committee in this particular was; "That It is the sense and opinion of this committee that the paa furnished by the Portland Gas Company is of poor quality. Charges Found Exorbitant. Having decided triat The acousazion of poor service In the quality of gas fur nished the public had been abundantly sustained, the committee nassed on to the suhjeet of exorbitant chargres. In glancing? over the mass of testimony there was but one conclusion to be reached. It was seen that consumer after consumer has sworn to the fact that -the hills of the company had been excessive: that their meters had either incorrectly recorded or had been erroneously read: that while the price of gas was nominally reduced the actual charges had Increased. It being- found that the committee was united on this point Councilman Vaughn moved: "That It is the opinion of thl3 commit tee that the Portland Gas Company has grossly overcharged the public for gas which they have furnished." Councilman Masters was the onlv one opposing this motion. He objected to the (Concluded on Page 2- CONTENTS TODAY'S PAPER Railroads. V. H. Brckman says Northern Tacific offi cials offered bribes to stop car-shortage agitation. Page 1. Interstate Cornralsslon tell Hill to relieve fuel famine. Page 1 . LealinR Harriman -officials to testify at Inquiry today. Page 1. Harrlman must explain what became ' of big- block or Santa Fe stocks Page 1. Foreign, J Orizaba, Mexico. In hands of mob of strik ers. Taite 4. Jtatault flew to supposed friend, who Is. ex pected, to betray him. Fage 5. National.. Lrfde and Foraker continue Senate debate on Brownvill riot. paV 1. . Senator Gearln speaks on Japanese ques tion, rage 4. ' ' House passes bill grant tnr court re view of PoatmaBter-Oenerara fraud orders. - Page 4. 7- t roiHicg. Jftckion Wins suit to oust McCleltan from mayoralty. I'ajro S. Ilvnieitla, . , John D. Rockefeller wii give' big pejlsfon fund for Chicago University profe.wra, Tag 2. f Corporal, of .Tw.Dty-Bh -Infantry arrest ed for ahootlna; Mackltn. Page 2- FlremRn found f alive after being burled In ruins whole day. 1'age 2. rutn whole day. rage -a. . tied. .Page 4.- - v Woman's refusal to. give kiss corts three .Ives.. Tags 2. Pittsburg briber tells how it raft in Coun cilman was buncoed. Page 5. Pacific Costs. Drastic law formulated to compel railroads .jx-" rV to supply 'cars. Paaje a. W. K. Borah unanlmnusly nomlnaterl for Senator by Ida ho Republicans. Page 7. c. w. Turner Snot by Captain EmmQnj In Seattle saloon. Page 7. Steamer City of Panama arrivra at Maxat lan after atormy trip. Page 3. rH!and and Tlc-nity, Pody of Tr. Philip Fd wards .Tohnsonfound bneath Ford streetcar hrida". It I aupposed h attacked r i- t u and thrown from structure. Page 1 . COlinrU Cftmmltt milllni 'rhirgM agalnn Portland Om Company. PagA 1 . I-ve person st drtwnd In crosalng Colum bia River. Page lO. rivfy's pppnrtuiir TetuTn prevents itim- ped ef his folio wins to Vawter. 'Pace State Federatlnn of Labor opens conven tion In Portland. Page 11. Topographer Barnard advbes appropriation of t!U).MA from comina; I,eitislatur to map stats and Rause ttreami. Pa are 1 0. Hill wi mi agalnat Harrlman In two atulta In Federal Oourt. Fage 1 , Giwbllnf on elfrtlon cause of ruin of Fred B. Martin. Isaa U, 4 DASHED TO DEATH E Dr, Philip E. Johnson M u i r d e red , by T h u gs. ' THROWN INTO GANTON 6ULCH Attacked in Early Darkness on Ford-Street Viaduct. - BODY FOUND BY CARMEN lUst'Ovcry of Articles . on Bridge Leads to locating; of Remains Mangled Dy Fair or 117 Feet Into the Rocky Gulch. BRIEF STORY OP THE CRIME. THE DISCOVERT-Trolley ar crews find body of mangld victim at bottom of canyon. 117 feet be low bridge, on deck of which foul murder Is believed to have occurred earlv lASt nla'nt u-lth nrttplu f by victim lyinir about. , VICTIM'S IDEXT1TI Devlop- ments provr the victim to have Jbeeti Dr. I'hilip Edwards Johnson, a graitLlnte of Columbia University, 4 recently from New Tork ,Tity, eon of the late Archdeacon Johnson, jsf Staten Island, New Tork, and who mas married In Cincinnati. O.. last October to the only daughter of the late Governor Hoadley. of Ohio. PROBABLE MOTIVE The po lice and Coroner Flnley believe the murder wae for the purpose of rob bery. but . a deep-laid plot la hinted at by Captain or Detectives Bruin. THEORIES OP OFFlCIALS-Whiu the opinion prevails In all Quarters that It wan, a murd'r, the police ar ' investigating also the theory of sul- clfle, ana they will alio tnvnilgati a possible plot against th victim toy en em ten who -may have killed him for unknown reasons. "Manarled by & fJl of 117 feet, the riodx or Dr. Philip Edwards Johnson was found at 7:50 o'clock last night in the Canyon Koad Gulch, beneath the Ford atreet bridare. That he was murderously assanlted and thrown from the bridge is the accepted opinion. The body of Dr. Johnson. In' a shape less mass, beside the Jerferaon-street line, and articles belonging: to him, on the Fort-street bridge, were found almost simultaneously. That It was a murder, probably for the purpose of robbery, is the belief of Coro ner Flnley and many friends of the de ceased. Very" little credence is grfven to a theory of suicide, as it is positively de clared by all who knew the man that he was in prosperous circumstances:, that he had but recently been married; that he had just purchased a site for a fine residence: that he -was to have taken an examination today before the medical ex amining board to practice in Oregon, 'and that he was one of the happiest of men. No more flendlsh crime could be lm- agined that that of which Dr. Johnson OM j ford street BRIDGE ACROSS CANYON R0AP, FROM WHICH 1 N v 1 r: . A was the victim. He evidently vas sand bagged or strangled, without brfng given ax chance for his life, ajnd theri rotjbed. and, to complete the horrible deed, his body, was :huried over the railing to the ground, 117 feet' below. Practically all Traces of a - wound by a . bluffgeon or of finger prints, if any, were obliterated by thenerribie cruehing of -the-form, when It struck the ground. -: An examination .that was as . thdroujth as could be made after - dark was con- ducted by Captain of 1 Detectives Bruin and a squad of staff detectives on the 'bridge at the" scene of the crime." but no traces of blood or of a struggle could be found. From this It Is believed that the victim was strangled ' to' death or that he was -Killed toy a powerful blow on the head; with a. sandbag or bludgeon.. "Vliobbery '.Believe tiie Motive. The police do not believe that Or. John son struggled for his life, and they are of the opinion that he was thought by the 5 & K. Borah, df Ada County. Who ISueceeds I-red Iubol as L-nlted 8tates Senator From Idaho. -e--e--e--e-e-a-e-e-e a m a j robbers to have been a man of wealth. who carried money and valuables with him. From the fact that the pockets had been rifled, his watch unclasped from the chain and his wallet was opened It Is be lieved that robbery was the motive. , Captain of Detectives Bruin intimated last night that there may have been a. deep-laid plot to murder Or. Johnson, but he declined to give reasons,, If he pos sessed any. for this theory. That' Dr: '.TohnSorf may- have' eng:aa;ed m n struggle with highwaymen is poa- n tie iias often declared that he would not throw up his hands and per mit himself to - be - robbed. It was but a few dsya- ago that, in a. conversation with ,Dr. E. J. Lcbbe, he declared he would resist If afMcke men. f" It i thouKVt by :d by,, highway- aome that he did resist the efforts of thugs, and that he was then murdered, partly for revenge aM partly for robbery. It is arariied that, flndina; but little money in . his possession, the bandits, were angered and. hurled the body over the railing:. His hat and pocketbook. together with a bunch of keys, were found on the bridge by Conductor Howard Lowry and Motorman Tyreil. in charge of a Portland Heights car. The articles were taken to the police headquarters and turned over to Captain Bruin. An examination furnished the first clew as to the Identity of the body. Captain Bruin turned the articles over to Cor oner Flnley, and the latter Immedi ately telephoned the Nortonia. a fash ionable boarding-house at Fourteenth and Washington streets, . where Ir. and wife were staying-. Pockets Had Been Rifled. - When fdund. tlte pockets in the trousers were turned inside out a though they (Concluded on fase 5.) i 2 'naiii niiiiiiaiiiirM-iMiMEr"fiiai X CROSS INDICATES TOLNT ! .1 : 4 CRIMES charged to Beckriian 'Alleges Bur- . glary. and Bribery. - HIDESK BROKEN OPEN TWICE Says ' Northern Pacific ' Offi cials Offered Cash. ANY POSITION HE WISHED llreet fharge Made ly Secretary for Lumbermen Against Hanna- ford and Another Preparing Case - Against Harriman. HARRIMAN'S HXESS W 0T J SE RIOtS. SEW YORK. Jan. 7. E- II. Har rlman save personal assurance to day that he was not seriously 111. He refused 'to discuss the Inter- state Commerce Commission's Inves tigation of the roads. In which he is interested. CHICAGO. Jan. 7. Victor H. Beck man, secretary of the Pacific Coast Lumbermen's Association, who Is ac tively engaged in an effort to force railroads to relieve the car shortage in the Northwest; today asserted that at- tempts had been made by railway man agers to bribe him to desist from his endeavors to force their hands. Me also declared that his desk In Seattle had been broken open twice recently, apparently In an ffTort to prooure sta tistics which he has been gathering for months and which are in the pos- session of no one else. M r. BeclcraaD held m conference today with members of the Interstate Com merce Commission to place before them naiu..nt-t.evldenae which he-will de velop when the Oommlssron froea to Seattle to investigate the car shortage and lumber rates. Retrain the al- leared attempt to bribe him. Mr. Beck man said: . "Not very long ago an attorney for the Northern Pacific Railway intimated that T could have most any position I desired on that road, and when T told him that I did not want any position, he said: " 'What la your price? Most men have their price, and I suppose you have yours." "I replied that my price was a 40 cent rate for lumber from the Pacific to the Missouri River. I-ater J. M. Ilanna ford. of the Northern Pacific, saw me, and Intimated that I could get a rail road position. I told him he was not nearly so good at that sort of thing: as his attorney." Sends Orders to Hill. CHICAGO, Jan. 7. (Special.) Six mem bers of the Interstate Commerce Com DR; PHILIP EDWARDS JOHNSON RAILROAD MEN v f SK WHERE T HE BODY WAS HOD. mission sitting . here today sent .. a tele graphic order. to James J. Hill, command- inir him to do - something- to immediately relfeve. thecoal famine in' the Northwest, heard testimony upon the charge that the cattle rates, are '- excessive, got. ready to hear evidence - regarding the management of the Harriman railroads,: and held a nlerht session , to .render decisions, in cases which had . already been heard. The strenuoslty which affects the head of the Federal Administration seems to have been communicated to the commission, which ts " now working; under hish pres sure day and night to perform the taska which President Roosevelt hs set for It. ' C A Severance and F. B. Kellogg, the railroad attorneys of St. . Paul., whom the President baa selected to probe the' Har riman roads. , were - busy during; the day holding conferences tdth witnesses who will, be placed upon the stand tomorrow. They had long talks with E. F Ripley, president of the Santa Fe; Benjamin v ;-af . Senator John M. Gearlo, Who Ppoke 4 om JapaneM Queatlon Veeterday. Campbell, fourth vice-president of the Great Northern: J. M7 Hannaford, fourth vice-president of the Northern Pacific, and with other prominent railroad men. From the ranks of the employes of Ed ward H. Harrlman's most powerful com petitor and enemy in a transportation sense, James J. Hill, the commission ex pects to learn a great deal which will aid it In accomplishltig its purpose wit tv ref erence to the Southern Pacific, the Union Pacific and other 'Harriman lines, what ever that purpose may be. From the wit neae Jt In expected to show what effeet the acquisition of the Harriman lines by One man has had upon competition In the "West. It la ex pec-ted to low that by reason of his control of a large part of the Wesr, Mr. Harriman was enabled to compel Mr. Hill to agree to refrain from bulldiHK Into t'nlon Fa f territory and that for a long time iie succeeded in pre- venting the extension of other lines west into the Pacific Coast territory. The power of the Southern Pacific and its effectiveness In controlling absolutely the rate situation in the West and South west and forcing agreements with respect to traffic will also be shown. The cen tralized management both as to traffic end as to operation, with headquarters in Chicago, a thing which has been known for several years, will be brought, out by witnesses under oath, so as to make it a part of the record. The preferential traf fic agreement which ihe St. Paul has with the Union Pacific and the relations which exist between the Union Pacific and the Northwestern, with respect to obtaining and carrying traffic, will be ex ploited. J. C. Stubbs. traffic director for all the Harriman 11ne. will be the first called. If present plans are pursued. and through him it will be learned Just what effect the centralisation of the traffic af- (Concluded on Page IV WAS DASHED TO HIS DEATH J 0525222221 X3Z fjl "' TAKES UP CUDGEL FOR ROOSEVELT Lodge Defends Dis charge of Negroes, ARTICLES OF WAR GIVE POWER Only Open Question Is as to ... Facts. ol Rioting. . FORAKER RENEWS ATTACK Declares I I scl.a rjee- Exercise of Aulo- tratic Power nl Law Allows Negroes BoartI of Inquiry At tempt to Elnd Debate Falls. WASHINGTON, Jan. rreid en t Roosevelt' dismissal of the negro troops was again the subject of con tention In the Senate today, and indi cation! point to a protracted debate be- fore any of the pending: resolutions on the subject are voted on. Iodge de veloped a nrw. phase of the question by presenting- a resolut ion providing1 for nn In - 1 1 o-u t tnii .f tins "offi-aw" t Brownsville and. by silence, conceding" the authority oT tile President to take the action he did. Foraker accepted Culberson's amendment authorizing' the committee to visit Brownsville If it aesirea. nis resolution was supported by txdgre in an address and opposed by Foraker, who followed, and spoke until ,;30 o'clock, giving notice then that he would conclude tomorrow. Twa Question Involved. Two questions are here involved. A (ju- Hon of fact and a question of law. They are entirely distinct : they ought to lie 1 1 -5 paratly, and neither nhoulil t rm Itted 1 o o loud or obrur tti or her In the public mind. The question of fact may be stated In this uy. The; e nh sliootlnsr in (he streets of Browsville n tht nlarht of AuRuit ill. 1908: houoei were rt rr Into, one man va Killed and the lieutenant of police had his horse shot from under him and ivas A aatrimialtr a'lMinrl i4 In Ilia arm that ommi. tat Win wa nceeary. These (rn are ad mitted and are not disputed by any an ' This shooting was done by some one. It was done elthfr by United States soldier from Fort Brown or by inhabitants, of ths town of Brownsville. There was no one ele and It is not pretended that there is any one ele who could have done It. The Pres ident,, the Secretary of War and the Army officers detailed to Inquire Into the affair have decided that the shootlnar was done hy the soldiers, and furnish testimony to sus tain their opinion. The Constitutional League, representing the soldiers, deny that the shooting- was done by them, and asserts that it wan done by citizens of Brownsville, disguised In caat-off uniforms of the troops and provided with exploded shells from the Government range, who committed this out rage for the put pose of casting odium on the troops of Fort Brown. One of these two propositions must be proved, for general negations are of no ue nere. ll win oe inc uuiy 01 ine cuniiiuuen under the resolution to take all testimony possible and decide whether this shooting was done by the soldiers or by citizens of Brownsville. Whether the soldiers or the inhabitants did the shooting is the question of fact, and on that I have no opinion to express. 1 have heard and examined all possible testimony. Origin of rreoldent'g Tower. ; The question of law in whether the Presi dent, in dlsmlosin'a; these companies without honor, exceeded his power under the law and the Constitution. In maUlns; the Presi dent commander-in-chief, the Constitution conferred upon him all the power and au thority ordinarily eaterrlsen by the oomman- rt-r-ln-chtef under the military law o the times. That military lew hsd been slowly forming through msny years. Broadly speaking, the power of the commander-in-chief was orl ulna lly absolute and was con -ducted under ordinance or rula laid down ticlfs of var may ho said to date from those established by Gustavus Adolphus and nmrvn ar EnalHh-P-ak1nir people from I'rl n- Rupert's code, which waei practically Up1 r-y both sides In England's civil wars. After the revolution which placed William of Or. an ate on the throne, there was passed the famous mutiny act, which not only rcna nlxed the army and the military law under which It wan governed, but provided for the trial of mutineer and dwrterj by court- martial. Thia act, whh-h had to be re newed every yeiv. hae kept th" control "C the military forces of Enfland In the hands of Farllament. - - Provision, of Article of War. - The principles of the mutiny aert and the article- of war adopted by Knsland were in the main the name adopted by us at the time of the revolution and which may bf founl embodied in the articles of war which are now. mander-ln-Chtef baa. u ewh. the right to pun (ih or tl isrharge. except so far as Jt In limited (r regulated by, the lawmaking power which has enacted the artielns of war. On thn point of punishment or discharge the articles of war are perfectly applicable. Article 4 pro vide that: "No enlisted man, duly rworn, rhall be til charged from the service without a dfpvharge in writing;, stoned by a field officer of th re-arlment to which he helonars or hy the com mand Inar officer when no n-ld officer la prea- ent, and no discharge fhnjl be given to any enlisted man before hir term has expired. cept by order of the President, the Secretary of War. the commonrtlnK officer of a depart ment or by eentenc of a areneral oourt- martial," tt w(U be elian'rl that the power of the Preeldent. the SeerMary of War or lh com--m ni 1rr offlcr of the depart ment r - rllocharx" an enllateil man la expreeely recognized. Tne illilKinorttif diacnarge can. only given by sentence of a eourt-martiat. . Th honorable- 1 :chara; can. of courae. toe art ven toy t he com mandltiK officer, tout thrr 1 nnither Hiicha.ra-. now described as the "dlecharge without honor." which !n mi limited to ths of a court-martial and which cornea within tha d.ecreMnn of the President. the Sreiarj1 of War and the commandlna; officer. The rearula- t Ion as to the dlecharge without hrnpr ahowg j explicitly flg language can the large power Of the Commander-In-CThlef to order auch die charge. In aome form, this power of eummary d lev ha rare by the Commander-in-Chief has ml ways exieted and been exerctscO. There can be no doubt, whatever, thst the t Concluded on l'Bg 3.