THE MORNING . OREGOXIAX, TUESDAY, MARCH 19, 190T. Moy - wooo TO STAND TRIAL Judge Wood Overrules Motion to Dismiss the Case Be cause of Delays. BORAH ARGUES FOR STATE pelling the running of trains through the city at six miles an hour, by increasing the speed to ten miles an hour through the thickly populated part of the city. The ordinance originally read 12 mllea but Al lerman Walter Low took the floor and denounced - the slow-speed law, claiming more accidents occur, by alow than fast trains by people jumping on and off cars. The action of the Council was the re sult of Alderman Haas' war on the Southern Pacific, which . resulted in the trains creeping through the city at less than six miles an hour, and a great howl was made by hundreds of angry passen gers on the trains today. The ten-mile speed applies only to points between Mill Creek on the north to the cross street on the south. Mr. Haas agreed to the increase to ten miles in order to satisfy the- people and the railroad company. Alderman Bayne stood by liaas in his fight. Proceedings or Lower Court Would Have Been Null and Void Before Supreme Court Passed on ltc- quest for Habeas Corpus. BOISE. Idaho. March IS. In the case of Charles H. Moyer. William D. Haywood and George A. Pettlbone. Judge Wood, at Caldwell today, overruled the motion made by the defense to dismiss the case. The motion was based on the long delay in xne trial, since the cases were ready for trial two terms of court have passed, one of which was in December, and the defense contended that the accused were entitled to their liberty on the ground that two terms had passed since they were arraigned. E. F. Richardson, for the defense, made an argument, based on the theory that the statutes of the United States do not act as a bar in such cases pending deter mination of an appeal in habeas corpus proceedings. He held it only prohibited execution of sentence that might be im posed. In reply to an inquiry from' Senator Borah that if -the men had been convicted and the Supreme Court had thereafter de cided the appeal In their favor, the ver dict would have been sot aside. Mr "Rich ardson said that was true. Senator Borah took the ground that the statute, as con strued by the Supreme Court, prohibited the state court from proceeding in any manner. In overruling the motion. Judge Wood said h was not called upon to pass upon the Question whether the Federal statute raised bar to proceeding while the ha beas corpus proceedings are pending. The afternoon session, after the render ing of the decision of Judge Wood, was taken up with the motion made by the defense last Spring for a change of venue. The fact was called to the attention of the court by John F. Nupent. of counsel for the defense, that they had several hundred affidavits on file (n support of the motion. These were made by persons living in the county and all set forth that the public mind was prejudiced against the defendants. Twelve of the affidavits were by men who had collected tiie others. Two hours were consumed In reading the extracts from papers that circulate in the county, this being in support of the claim that the public mind had been in fluenced by newspaper publications on the case. The argument of the motion will be made tomorrow. Defendants In Good Spirits. The defendants entered the courtroom just before the time for convening. They all appeared well groomed and in fine spirits, Haywood especially seeming to be in a happy spirit. They took seats with their attorneys and their guards sat in chaire near them. Mrs. Pettibone and Mrs. Moyer were In court, sitting together at one side within- the railing. Among the strangers was W. J. Scott, of Cripple Creek, the first of a number of Socialists appointed in different parts of the country to attend the trials and o report to the organisation sending them bere. In the course of his argument on the motion to dismiss, Mr. Richardson said, speaking of the statute under which the trial was postponed: "This provision is to stay, pending de cision of appeal, any proceedings against the prisoner. It is to stay execution of sentence. The prisoners could not be imprisoned, could not be executed until the final decision of the Supreme Court. The prisoner's body could not be put in execution. In that respect and in no other does this section stay proceedings In the lower court.' Richardson then, slated that there has been two full terms of court since last May, and that on December 4th, court convened, held a full term, and adjourned sine die December 29. 'This term." he said, "was held after the Supreme Court had rendered Its decision." Mr. Borah Replies. Borah said: "I wish to ask vou. Mr. Richardson, suppose we had cone on with these trials last May and the Supreme Court should have reversed United Slates Circuit Court on the habeas corpus de cision, would our proceedings here have been null and void?" Richardson admitted that thev would but retorted that that was no reason the cape might not have been tried last May. Mr. Borah then said: Mr. Richardson is right, anv action this court might have taken pending the appeal in tne united States Supreme Court would have been null and void, hod the Supreme Court reversed the verdict of the lower court. Why. your honor. the Supreme Court was decidins the ques tion as to whether these men were legally held and could be tried. from the time the Information wan filed against these men. every action pertaining to their indictment, the tak ing of testimony, etc., was. in the eyes of the law. a proceeding against the pris oners. Under this section (7fi) such pro ceedings could not be taken by the lower court, pending tbe appeal. These men. had the Supreme Court reversed the Judg ment of the lower court and allowed'thesc writs of habeas corpus, should not have been tried for this charge of murder. To have tried them before the Supreme Court had parsed upon the matter would have been an injustice to them. I re iterate that in the meaning of this sec tion (766) the proceeding in the lower court must have been stayed to their en tirety. "But, supposing the contention of tSe attorney who han just argued for the defense be true: suppose the state could have gone ahead and tried the cases and the court had merely reserved final judg ment under the final derision In the Su preme Court of the United States: the fact that the reversal might he ordered In the higher court and that such re versal would make whatever proceeding had been had here null and void, that, I say, and can substantiate by citations, would constitute under the law a gooiJ and sufficient reason for staying the pro ceedings here last May. Not only would it have been an Injustice to try the pris oners at the time, but It would have been a heavy expense to the state and to the defendants, which, in case of revers al, would have been entirely uncalled for." DEAD OF THE NORTHWEST Mrs. Jacob Wlscarver. Mc.MIXXVIL.LE, Or.. March 18. (Spe cial) Mrs. Jacob Wiscarver, who died March 16t!i. was buried here today from the Christian Church. Mrs. Wiscarver's maiden name was McCormlck. She was born near Waynesburg, Pa.. October 11, 1S23, and was married in March, 1845. She crossed the plains with her husband in the Summer of 1SR2. arriving at Mc Minnville October 14th. She was a promi- BODY SENT TO SALEM FOR INTERMENT. ..Ar-jYV;; :X'ft' 'I it v-rft-i.jiiTrflirttrfri niiTiiWT-TiriijoijiriajtJTtMJ The Iate Mm. Sopbronla Gibson. The body of Mrs. Sophronia Gibson, who did at her home at North Mount Tabor. Sunday, was shipped to Salem yesterday, and the Interment will be at the Spring Valley Ceme tery, today. The funeral services will be held under the auspices of the Christian Church. nent member in the Christian Church. Mrs. Wiacarver was the mother of eight children, those living are. John G., of McMinnville: Joseph F.. of Holland, Dr., and Joseph Newton, of Healdsburg, Cal. eliemiah Gill. OREGON CITY, Or., March 18. (Spe cial) Nehemtah Gill died at the home of his son. J. S. Gill, in Logan. Saturday, and was burried Sunday in Pleasant View Cemetery, the Rev. J. J. Patton of Vtola. officiating. Gill came from Kansas ten years ago He leaves three sons. Thomas Gill, of Colorado, Riley Gill, of Nebraska, and J. S. GUI, of Logan Or. You can make better food with Royal Baking Powder ABSOLUTELY PURE. Lighter, sweeter, more palatable wholesome and free from alma, and phosphatic acid ted States in 1ST4. Going to Nevada, he secured employment in the Comstock mine, then owned by John W. Mackey. He followed mining thereafter and was a good practical miner, occupying a num ber of positions as superintendent and foreman. He left a widow, three sons and two daughters. Long: Delayed freights Arrive. WALLA WALLA, Wash.. March 18. (Special.) Many carloads of freight that have been held for months in different parts of this "fate and others are arriv ing in Walla Walla, the congested con dition of the traffic being relieved. Wholesale men. who have long been un able to supply their customers, announce that the long-delayed goods have come to hand. LABOR UNION CRIES QUITS SEATTLE TRADESMEN ACCEPT BVILDEnS' t'LTIMATVM. for the sale of strong drink open. In 19051 the number had Increased to 4 1 3, 593. Strike to Be of Short Duration Con crete Mixers Get the Only Ad vance Laborers Plentiful. SEATTLE. Wash.. March 18.-(Special. Although the lockout of labor on build ing operations in the city affecting 5000 men went into effect today, pending a settlement of the question of Increased pay for union unskilled labor, the labor leaders say there will be no long suspen sion; that they are ready to sign a two years' wage scale and will limit their de mand for increase to concrete mixers and let other common labor go unsatisfied. The lockout wag formally announced when the builders today paid off their employes and told them not to return until further notice. In the interim, the Building Trades Assembly must accept or reject the ultimatum of the Master Builders Association to settle the wage question for a definite period. This, the workingmen say they are ready to do, and will give their answer after the meet ing of the executive committee, repre senting the 24 unions, Wednesday night. Influx of skilled and unskilled labor during the coming Summer is believed, to have brought about this willingness. Funeral James P. Suddeth. HOQUIAM. AVash., March 18. (Special.) The funeral of the late James P. Sud deth, pioneer of Axford, who died Satur day, took place from this city today, the remains being taken to Hump tulips, where interment was made. James P. Suddeth came to the Humptulips Valley 20 years ago, and since then had engaged in farming and cattle-raising. Deceased was 29 years of age and had been HI but a short time. MONEY IS SIMPLY STOLEN Count of Chicago Federal Funds Fails to Find $178,000. CHICAGO. March 18. The counting of the $62,000,000 in the local sub-treasury to determine whether the shortage of $173,000 discovered February 20 was due to a mis take in 4ookkeeping was finished today without the discovery of anything to ex plain the shortage other than that the money had been stolen. James Hart ape, Cottage Grove. COTTAGE GROVR. Or.. March 18. (Special. ) James Hartage, aged 60 years, died at his home here last night from con sumption. He was born and raised in Cornwall, England, and came to the Unt- Officer of Scouts Dismissed. WASHINGTON. March 18. President Roosevelt has approved the sentence of dismissal in the case of First Lieutenant Noah Overly, of the Philippines scouts, who was tried and convicted by court martial on charges of reprehensible cout duct. Alcoholism is still on the increase in France. In lt04 there were 468.434 places AT THE HOTELS. Tbe Portland W. M. Brewer, Victoria. B. C. ; J. O. WUby, San Francisco; M. Lobe... New York: M. Steifel. Chicago; W. F. Le high. Honolulu: G. J. Eacock and wife, Oklahoma: D. F- Marchant, Los Angeles; N. N. Schurtz. Los Angeles; J. M. Doun, Taroma; C. W. Stock and son, J. B. Et tinger. New York ; G. Kramer. J. Greener. Waco, Tex. ; O. Vanderbilt and wife. Hood River; W. P. Garnett, Denver; W. G. Blatt, rj'etrolt; W- B. Browne. St. Louis; J. H. Bastedo, Toronto ; W, Kearns. Boston ; P. J. Aaron. Seattle; C. W. Evans. Denver; J. Hunter. O. D. Hunter, Rossi and; A. J. lAice. Oneida. N. Y. ; J. M. Gamble. J. H. Spoolin. San Franci)co; J. O. Warren. Chicago; R. Smith. Spokane; J. Ublman. W. J. Wana maker. B. E. Devoy. F.. E. Smith. D. Far num. J. Marx. New York: F. P. Winchester. San Francisco; A. E. Renjiick. Chicago; J S. Mayer, New York; J. M. Green, san Fran cisco; A. Haglan, Minneapolis; J. P. Adair. J. T. Wortman, Chicago; T. A. Boylan, M. C. Adler. J. Bernhelm. D. A. Davidson. K. W. Latin. New York; A. ChriKtenson, San Francisco; S. H. Jenkins, Chicago; H. Lewieohn, Mrs. E. Buckner, Miss E. Buck ner, San Francisco; R. H. Husbands. Seat tle; L. Blumenthal and wife. North Yakima; A. T. Klnjcsbury, Grand Rapids: Mrs. S. R. Stern, Spokane; S. omerbrg-, San Francis co : H. Tallant, W. ET. Tallant, Astoria; J. Garrett. Indianapolis ; W. - W. Wlshon, Los Angeles; W. T. Carey, Chicago; J. W. Dan bury and wife. Seattle; Mrs. H. Hewitt. M. I Hewitt. Tacoma; A. C. Waite. J. Frank. Chicago; F. D. Glbbs. N. D. Taylor, city; W. Mills, Jr.. New York; G. F. San born and wife. Ashland, Wis.; F. Schloss, A. E. Smith. New York; J. B. Jones, UUca, N. Y.; J. M. Dean. Indianapolis; Mrs. E. Fischer. BellinKham; Mrs. T. Von Smltl-, Indianapolis: Mrs. C. O. Bas, Tacoma; P. J. Mark off. Rochester; E. A. Wallace. Cleve land; W. J. Burke. Chieaeo; A. Vilbols. New York; J. O. Sutherland. W. H. Butter fleld and wife, J. S. Butterfleld and wife, Chicago; C. P. Chapman, Gold Hill; L. Bernhelm. Spokane: Mrs. J. C. Brady. It Brads'. Krie-. Ia. ; Mrs. W. C Champion, E-A- Salisbury. L. Schwatoe, Chicago. Tb Oregon J. W. Shumate. W. N. Long, Eugene; f. T. Iawton. Medford; R. Taylor. Chicaco; C. J. Waldren, San Antonio. Tex.; W. w. Wilson, Spokane; W. B. Goode. San Frant-lsco ; H. V. Oavldson and wife. Hood Rtvpr; C. W. Spear and wife, Northampton, Mas p. ; H. E. Cleveland . New York; H Wagner, city; R. Onta, Pan Francisco; J. P. Muller, San Francisco; F. .1. Kwapil, Seattle; A. H. Cedarherg. St. Paul; J. V. Lake, St. Louis; W. Newman, New York: F. J. CI ax ton. San Francisco; J. L. Scharfl. city; W. C. Spurts. Arlington; I W. Wao. Tacoma; F. G. Halley. city; L. H. Paice. Salem; S. Swarzwold. San Jose; J.. II. Clark, Forest Service; M. Haff and wife. J. K. Romiic, Baker City: Mrs. G. H. Stewart, Boise; D. L. Mills. Clatrson, la.; C. Q. Harts horn, Longmount, Colo.; J. H. Spiro, New York; W. S. Bowers and wife. Baker City; W. F. McKw, PIqua. O. ; Mrs. L. H. Wheel er, Seattle; R. Taylor, Chicago; G. E. Saw yer. Haverhill, Mass. ; F. E. Veness, Win lock; G- Clithero. Boise; E. Bobbin. Molal la; T. A. Chimmock, Portland; Ms. P. A. Throckmorton, Miss Throckmorton, Oak land; E. Urquhart. Chehalls; A. Wlnans. U Wlnans, Globe, Or.; C. O. Gingrich, Che hali?: C. L. ClAmons. Snohomish: T. B. Preston. Tonla. Mlrh.; E. H. Tartar. Seattle; Mrs. Kopp, Miss Kopp. Seaside: Mrs. J. O. Wray. .Lona- Beach; O. . West, Saleirji. T Sweek, Seattle. - The- Perkins M. Sanders, Albany; F. Stolle, Spokane; C. V. Shirley, Mary Fron, R. J. Anderson, Troy, Kan.; H. J. Dohn and family. O. R. Gutzman and wife. E. A. Campbell and wife. Minneapolis; Mrs. E. E. Rhodes, Loyalton, Cal. ; Captain Smith and family, Tacoma; F. W. Gorske, E. Hadley, O. C. Say lor, J. S. Magulre, Wausau, IWs. ; H. L. Graham, Elgin; R. J. Prince. Boston: E. I. O'Neii and wife. D. w. ONeil and wife. Kaltspel; p. J. Campbell. N. Kitzmiller. H. M. Stockpole. H. H. Hudson. Ketchikan: F. 01e?on, Cathlamet; L. C. Palmer, A. L. Guthrie. Sheridan: W E. Kittchem. Takoa: F. T. Clinton. Tacoma: W. E. Rttcham, Che halls; M. Gordon, L. Cowden. Sturgls. S, D. ; Mrs. g. tampneu. Miss rampbeu, yutnn. or.; J. E. Atchison. Glenwood. Minn.: R. Sktnner. Alice Bahr, Seattle; Mary F. Stund, W. A. woooword, Honolulu: e. w. Myers and wife, Pendleton: N. B. Scott, Seattle: W. G. Sawyer, Hot Lake; H. Ammun. Montana: J. N. Cofferdel. Goldendale; J. W. Johnston, Astoria; Mrs. K. Fisher. balem: Mrs. Emma Kehoe. Margaret S. Kehoe. Clay Cen ter; j. n. Brewer, iaiem; i:. w. Hnrte, Ar llngton: A. E. Tamlsle. Salem; O. Grav. As torla; A. C Ruby. A. C Reeves. H. M. King, Pendleton; E. H. Sullivan, F. Miller Preston; J. C. Lawrence. Olympta; H. H We NEW PROCESS GAS RANGES The Gas Range is unquestionably the greatest modern convenience of the kitchen, and where the demand is for the most economical and most effi cient cooking apparatus of this kind, the "New Process" stands foremost as excelling in these features. Where one of these Ranges is used, the work is well done and quickly, and the construction and arrangement of burn' ers is such that baking, roasting, stewing, broiling, frying and boiling can all .be done at the same time if desired. All "New Process" Gas Ranges are well proportioned, conveniently arranged, attractively designed and built for serv ice. The complete line displayed in our Stove and Range Department, base ment. We offer to place one of these in your home on the terms of $1.00 DOWN $1.00 A WEEK MISSION ROCKER SPECIAL A comfortable Arm -Rocker in the characteristic Mission, built of solid oak, in the popular fumed finish; equipped with genuine leather cushions, well filled. Sells regularly for $27.50.. A few of these to close out at, special $16.50 SPECIAL, $16.50 il - SALE OF DINNER SET ODDS 6 ENDS BASEMENT DEPT. I TQM CtEWT IS00O0 COMPLETDH0U5E-FURni5HER5Sj .in""" EXCEPTIONAL VALUES IN OUR EXCHANGE DPT. Tripler. San Francisco; r. V. Lawrence and wife, Pullman; C. T. Butehr Collin. Hot Sprlnr: G. B. Mason, F. U Bowaa, White Kulmon: i". U Bradley. Ventura; B. F. Jonea. Seattle. The IiwkW Martin Murray. IxutvfHe: H. J. Schumacher and wire. Butte; F. Mul len and wife- Donore: M. J. Shertield, Seat tle; U B. Yoder and wife. Klamath Falls; R. F. Jarnson. Albany; J. M. Hansbrough. Roebur; E. A. Vaunhn. E. Hadley. F A. Cook, city: W. J. HU1. Seattle: J. P. sley. Walla Walla: O. Jacobaon. The Dallea: O. A. Blisa. Newbern: F. Davenport. Hooil River: R. G. Ward, tjakland; H. V. Tlerney, Mrs. C. B. Rooae, Moscow; Grace Feirhan. Pacramento; C. W. Eatahrook, St. Paul: J. H. Coe. Seattle; M. A. Miller, C. Schmidt. Lebanon: J. W. Hudton, Salem: Irtra. K. b. Moore. Klamath Falls; T. A. Haalan and wife. Detroit: C. A. Billings and wife. Olympta: H. S. Wllion and wife. Ketchikan: G. H. Brim". Dllley: G. May and wife. The Ialles; Eva McGllveray. Artealan. S. !; G. A. Van Andre. Hood River; G. A. Hall, Pendleton; H. R. Hall, Elmlre. X. Y. : G. W. Wrifrht. Albany; W. H. Snell. Berkeley; Eetella. Pae. Everett; Mrs. M. G. Howard, Drewaey: S. S. Strain. Kelso: H. O. Mil veny and wife. -1009: J. K. Hawkins. Mc Minnville: Mrs. Drolllnger, Miss Comora. Idaho; Mrs. O. M. Fox. Astoria; W. G. Sayles. Hood River: Mrs. J. Crate. The Dalles; J. Q. A. Bowlby. Astoria. The Ht. 1'harlea I. F. Youne, Hlllsboro; E. E. Bennett, city; J. A. Johnson and wife. Astoria: H. J. Sedgmore, Champoec; U. Sheehan and son, Astoria; P. J. Huph, Seattle; J. p. O'Neil. Centralla; M. C. Wal lace; R. Fisher, Kelso: Millie james; F. Willets, Hoquiam; J. Hudson: J. A. Dewey. Aherdoen; J. M. DeMnas: Mrs. Synerson, Miss K. Mattisen, Rainier: Mrs. F. A. Ras lin. Stella; C. J. Mills. Astoria: L. A. Fos ter. Cathlamet; E. N. Keller, city: R. L.. Mabry. Alms: C. M. Atwater. Dallas; C. H. Moeller. Viola; W. Eye and wife: H. V. Belknap. Junction fity; A. K. Downs. W. R. Brown; G. M. Stone, Pocatello; a. .1. Nye: H. H. Kelson. Newberg; W. It. Sherman. Jefferson: E. H. Mills and wife. H. Rekatjky. C. Rekatzky, J. L.. Lyons, Los Angeles; J. Nixon, city; F. Kane. Van couver: Mrs. S. B. Driver, The Dalles; F. McKenaie. Fort Columbia; J. H. Keep fcnd wife, F.ufaula: M. E. Malory and wife. Or egon City; H. HcKeniie. V. S. A.; S. H. Cobb. Foasll; G. Llskey and family: P. 8. Murrav and wife, Dundee; L. Sellers, C. M. Verklns and wife. Baker City; J. M. Bozen. city; T. M. Walsh. Monroe; A. F. Dun noyer. Kelso: G. M. Klnokman. F. Marble. Mount Pleasant; H. Pittelkan. J. C. Ing ram, Carlton: G. L. Ward, Echo: E. K. Park. Independence: H. R. Hall, city; Mrs. M. B. Baker. Centralla; E. D. Burlingame, Spokane: 8. Davis, Oak Point; D. W. Cum mins. Newberg; R. A. Duncan, city; L. E. Sinclair, Oregon City: O. Anderson, Stella; J. W. Ellison, Mitchell; R. Crouthers, As toria: J. D. Kramer, Falls "City; A. M. Kelly and wife. Hood River; J. D McKay Scappoose; T. E. Woolson. J. Ross W w" Nelaon end wife. Vancouver: M. J. S Ben nett. C. Nelaon. FeKda: J. Zenos. Cape'llorn TO. W. Dixon. Salem: W. H. Ish. F. WillMs' J. Hodson. CorvLllis; A. W. Jenkins, sta ples; F. Page. J. Bilyu. F. Williams, Sa lem: E. Watson. P. Patton. Hlllsboro: A P. Slade, Hood River; W. Goodwin, J. B Pitman, Ostrander: 8 H. Cobb. Fossil; O. Btonaen. San Franclsi o; R. L. Herren, Seattle. Hotel Defsuscltr. Tacoma. Wash. European plan. Rates, TA centa to $2.50 per day. Free 'bus. MAKE SPEED LIMIT TEN MILES Salem City Council Compromises Its , Fight With Railroad. SAIJEM. Or.. March IS. Speclal.) Af ter a fierce) right tonight' the Council tinanlmoualy passed an ordinance amend Ipa tha old. jjoead law at thcitv. nnm. MAP OF OREGON. SHOWING TRACTS SET ASIDE' IN FOREST RESERVES. The recent order of President Roosevelt setting aside 4.01.000 additional acres In Oregon as forest reservea makes a total acreage In forest reserves in thla state " of 18.551,728 acres, or about one-fourth of the whole area of Oregon, which la 52.SIQ.eoo acres. The shaded porttona of the map show forest reserves aet aside prior to March 2. while the black portions indicate the lands Included in the recent order of March 2.' - HUNTER BALTIMORE RYE Is Absolutely Pure and is Guaranteed under the, National Pure Food Law THIS CONFIRMS ITS REPUTATION. AND ITS GREAT POPULARITY DEMONSTRATES THAT IT IS THE PREFERRED WHISKEY OF THOSE WHO KNOW THE BEST LIKE THE BEST BUY THE BEST A AAA M at all flrst-elass eaf as and by Jobbers. Wl. LAIiAAAK SON, Baltimore. Mi.