THE MORNING OREGONIAN, SATURDAY, MARCH 23, 1907.
KOEHLER
E
NOT SUSTAINED
hals4
CHARG
The chief
ttraion about
McKififiin
The Standard
of Hat Value,
u, not the price.
$3
Good Merchandise Only Quality Considered Our Prices Are Always the Lowest
President Disapproves Verdict
of Acquittal on Army
Officer.
800 NEW TRIMMED HATS
STANDS BY GENERAL WOOD
Court-Martial in Philippines Held
Koehler Not Disrespectful to
General, but Roosevelt Ap
proves Taft's Judgment.
VASHIXGTOX, March 22. President
Roosevelt tonight announced his disap
proval of the findings of acquittal in
the case of Captain Lewis M. Koehler,
Fourth Cavalry, U. 9. A., cavalry corn
Blander at Jolo, Philippine Islands.
Captain Koehler was charged with using
disrespectful language in an appeal from
the action of General Wood, who repri
manded Captain Koehler for making
charges against Major Scott, command
ing officer at the Jolo military post and
Civil Governor of Jolo, and Captain
Koehler was charged with conduct un
becoming an officer and a gentleman in
making unfounded and malicious state
ments regarding his commanding officer
and with insubordination. The first
courtmartial sentenced him to be repri
manded, and then a second courtmartial,
on which today's action was based, ac
quitted him. The president's order fol
lows: The proceedings, findings and acquittal in
the case of Captain Lewis M- Koehler,
Fourth Cavalry, U. S. A.t are disapproved,
l n tlrr.lv roncur in all that the Secretary
of War pay of Captain Koehler and of
General Wood and of the poor showing
made by the court which last passed on
tne case.
Each Accuses the Other.
Secretary Taft In his letter says:
Captain Koehler ia an officer with an ex
cellent record for courageous service in the
nld and for attention to duty generally. He
dlfltngmifthed himself at the battle of Mount
Dajo. Captain Koohler made himself very
unnoytng to Major Scott by inslstencethat
Mninr Srott should be In his office at cer
tain times and should discharge his duties
as military post commander with the same
decree of promptness that he would have
done had he not the additional duties of
civil governor. The friction became so
, creat that Captain Koehler filed charges
against Major Scott. Major Scott later filed
charges against Captain Koehler.
A court-martial found Koehler guilty of
preferring unnecessary charges against
his commanding officer. In reprimana
i v-AAtiio,. nnHcr tTi sftntenrp of
tia Pniirt.mnrtln Oeneral Wood declared
that Captain Koehler's conceptions of the
standard of conduct and uprlgmness as incy
exit in the Army were distorted to a de--r.
not round In the lust and fair-minded.
and that he should cultivate those habits of
- true soldierly subordination which tne evi
dence in the case showed him to lack.
ran)nin vnchipr annealed to the Secretary
of War, alleging be was practically denied
counsel ; that the Department Commander
was the accuser and prosecutor, and that
the court erred in overruling the plea in
har of trial based on that fact; that the
reprimand was harsh and excessive, ana
that an amplication for a court of inquiry on
the chances made against Major Pcott were
denied, and characterizing the. Department
Commander's act as unfair, unjust and U-
Referring to the reprimand, be said that
"the severity, even to harshness, of the
renrimand shows prejudice, bias, unfairness
and a preconceived conviction that 1 was
guilty as originally charged. I was har-'
rasnen and handicanned at the trial by tho
feeling that I wan helpless and at the
mercy of a superior wno woum matte ueo
oT every unfair advantage to harm me and
to protect his own personal friend. Major
Scott.'
General Wood called the attention of
the War Department to the appeal and
submitted the question of disciplinary
proceedings. A court-martial was then
appointed, which acquitted Captain Koeh
ler. Mr. Taft's letter continues:
Koehler's Charges Captious.
T have no hesitation In saying, after a
full examination of the matter, that the find
ing of the first court-martial, that Koehler
was guilty of filing captious and unnecessary
charges against his commanaing onicer,
was fully sustained. His statement in his
appeal that he was practically denied coun
sel cannot be supported. He might have
bad conusel had he been willing to take
any but two persons alio were otherwise
engaged in public business. The charge that
the Department Commander was the accus
er and prosecutor in the first trial was un
founded or founded solely on the ground
that he directed a court-martial on the
charge of Major Scott after an inspector
bad reported that the charges of Captain
Koehler made against Major Scott were un
founded.
Considering the evidence of the first court
martial. I think the language of the repri
mand was sufficiently within the finding on
the evidence. The granting of the appli
ration for a court ef inquiry was within
the legitimate discretion of the command
ing officer and. as the matter could he
much more shortly disposed of by the court
martial rather than by a court of inquiry
the action of the commander could not be
made the basis for a claim that he was
unfair in bis ruling-
No Evidence of Favoritism
I have gone over these matters carefully
for they constitute the whole foundation
for the charge made by Captain Koehler
that Oeneral Wood was unfair and unjust
and would resort to any means to humiliate
Captain Koehler and protect Major Scott.
No evidence, other than as stated above in
substance, was submitted by the accused
In support of the aspersions contained in
this appeal, except the fact that Major
Scott and Oeneral Wood bad previous
friendly associations, in that Major Scott
had been upon General Wood's staff and
that General Wood had recommended him
for the DCK'ition of Brigadier-General. The
mere fact that a commanding officer is
friend of a prosecuting witness does not
prove that his action ordering a court
martial or sustaining Its findings was pre
judiced or malicious. It was in evidence
that General Wood had only the slightest
acquaintance with Captain Koehler and no
occasion for personal feeling against him.
Would Have to Condemn.
After much consideration I am convinced
that this finding of the court involves af
firmative inferences and conclusions of fact
that cannot be supported by the evidence.
Tou, as the reviewing authority, are put In
this position that. If you approve the find
ings. you necessarily affirm or approve ttv
ptatements derogatory to General Wood con
talned in the appeal and. if you do so ap
prove those statements, then it would be
come "your duty as Commander-in-Chief to
order General Wood before a court-martial
for perverting his power as Department
Comander to accomplish an unjust and un
fair purpose against his subordinate officer.
Vou cannot, in Justice to General Wood,
find any evidence in the record to sustain
the bringing of such proceedings or the
finding of a court against him.
A reviewing authority might mitigate a
sentence, but it cannot change a finding
of acquittal to one of conviction. It can.
however, in any case, disapprove the entire
proceeding and refuse to confirm a finding
of acquittal. The effect of this is to set
atde the proceeding as If they had not
been commenced. By this course, you. as
the reviewing authority, are not involved in
the logical consequences with respect to
tut the UA that
it's worth the
price and more,
$2 ssved that's
ttraaive.
BEST
DEALERS
General Wood which must follow an ap
proval of the sentence as already explained,
and Captain Koehler is amply restored to
duty. Thi8 is the view Of the Judge Advocate-General,
in whose recommendations
I fully concur.
TELLS HOW HE WAS BRIBED
(Continued From First Page.)
sey's money. I tell you, it seemed a
bis pile for a poor man, and, as I
knew everybody else was in the same
boat with me, I couldn't see any rea
son why I should give any of it back.
But, as I was a member of the admin
istration, I immediately determined to
vote as the administration wanted.
Fire Burns Vp Graft Money.
"So, when the time came, we all
voted for the Home franchise. And a
few days later 'Big Jim' Gallagher
came to me and said: "Tom, this is
yours,' as he handed me an envelope
containing $3500 in currency.
you see, l had a lot of paper money
in my house down south of Market street
at that time, and, like an act of God, the
fire came along while 1 was in San Josa
ttendlngr a convention with Abe Ruef,
When I got back my house was gone and
so wap most of my money. It was a hard
Wow and it seemed like fate.
That Trolley Franchise.
We were all very much depressed for
a week or eo and then everybody seemed
to have Indian information about tho
overhead trolley franchise. Now. let me
tell you that not a member of the board
ever spoke about the trolley franchise to
me up to. that time. Finally the matter
was publicly announced by some on, I
can't remember who, and there was a
great deal of talk and argument about it.
But there never was a word said about
money or a bribe fund. Every one of
u? took it for granted that the adminis
tratlon wanted to give Calhoun every
thing he desired.
'Of course. In our hearts, we -knew
that somebody was going to get a lot of
money for the granting of that franchise.
But. as we had always been given our
bit by "Big Jim' Gallagher in the past, we
felt certain that the same method would
be continued after the Are as before the
fire. And while a number of people may
imagine that there were a lot of argu
ments pro and con bearing upon the mat
ter, let me tell you that there wasn't a
word spoken upon what we were to get
at the Sunday caucus preceding our vote.
Of course,, there was a terrible rum
pus about the thing, but nobody seemed
to ,care. "We all felt that we would be
protected and that there wasn't an earth
ly chance of anybody getting the goods
on us. When the storm suDsided, me
Jim" Gallagher again came around with
the bribe money.
'Subsequent holdups were small affairs.
Of course, you know about the unfor
tunate affair over the skating rink, in
which the scoundrel Roy betrayed us.
Then there was the oil-burning ordinance
and a few other things that don't amount
to much. That is, they didn't amount to
much in a financial way.
"But now the jig is up, and I know
that I'm in a mighty bad way. I've lost
my reputation, I've ruined my family, my
health is shattered and I haven't long
to live. It's the old story of blood money
and. God knows as I'm telling you this.
I wish I were back on the bakery wagon
"J don't like to be put down as an
informer, because in the country I came
from informers are despised. To tell of
a crime there I mean a political crime
is worse than its commission. They
fhave tried to make It appear that I
was the first to let the cat out of the
bag, but that isn't so. Others informed
before I did. What I told and am tell
ing was to save my liberty.
"Neither Ruef nor 'Big Jim' Galla
gher would go to jail for. mo or mine,
so why should I go to-jail for them?
Bribers Worse Than Receivers.
"God knows I have brought enough
disgrace on my family, and my poor
old father, who Is over 80 years of age,
is prostrated. All I ask is to be free
for the littlfc while I am to be with my
people and I hope that God will for
give me for what I have done. But
there is me thing you can set down as
coming from me, and that is, that the
people gho give bribes are worse than
the people who take them. I was poor
and never fully realized the enormity
of my crime until the last few day
Back home they used to say:
"'It's 4 a fine thing to be poor and
honest and proud.
"I guess they were right."
CALHOCX TO TELL HIS STORY
Ruef Preparing Statement Why Su
. pervisors Still Hold Office.
SAX FRANCISCO. March 22. It was
stated today at the Prosecuting Attor
ney's office that P. A. Calhoun, presi
dent of the United Railroads Company,
would upon his 'arrival here from New
York be given an opportunity to ap
pear before the Grand Judy in connec
tion with that body's investigation of
the alleged bribery of the Board of Su
pervisors in the matter of an orerheai
trollrj franchise granted the United
Railroads Company last May. From the
same source it was also learned that a
number of secret indictments, which
have not even been trusted to the se
cret file for fear that their contents
FOR SATURDAY ONLY
Extraordinary- Sale
of Men's Neckwear
vv
might leak out, are not all against one
person, but are said to contain the
names of several.
Ruel Preparing Statement.
To the Associated Press, Abraham
Ruef stlid today- that he is considering
the preparation of a statement to the
public and he, declared that when he
tell his story, it. will contain sensa
tions equal to the disclosures made by
the alleged confessions of the Super
visors. He expressed the opinion that
the investigation now going on was in
furtherance of an organized attempt to
seize the municipal 'government and
asserted that it was "government by
indictment" instead of -'government by
injunction."
The 65 charges of bribery against
Ruef were today assigned by Presiding
Judge Coffey to Judge Dunne's depart
ment of 'the Superior Court. They will
be placed on the calendar tomorrow
and arraignment set tor some day ear
ly next week. To avoid possible con
flict between the Chief of Police or
Sheriff and Elisor Blggy, no bench
warrants will be issued on these in
dictments.
It may be the irony of fate that the
former residence of Mayor Sch ml ti. In
which he resided when elected ar 1 of
ten entertained and dined Rtiv. and
where the Mayor and the r-nlitical
boss laid many of their political cam
paign plans, may become Ruef's prison
for some months. The present owner
is attempting to rent it to Mr. Blggy
as a place of detention for Ruef when
he takes the latter away from the St.
Francis Hotel.
Why Supervisors Are Not Removed.
The true reason for the determina
tion of the prosecution to take no im
mediate steps towards removing; from
office the Supervisors was disrlosed
this afternoon. District Attorney
Langdon stated that, in order to re
move them-, it would be necessary to
prove the charge made against them.
This would compel the prosecution to
bring forward all its evidence and
thereby disclose its entire hand before
the trials of those who are or will be
Indicted. Assistant District Attorney
Heney declared that the Mayor, having
the appointive power to fill the vacan
cies created by the removal of the Su
pervisors, might fill them with men on
whom the investigators had no hold.
To overcome this obstacle it would be
necessary first to remove the Mayor,
and this, Mr. Heney admitted, the
prosecution was in no position as yet
to do.
It also developed that the District
Attorney's fflce would run counter to
the same law 'that defeated the at
tempt of Ruef and Acting Mayor
Gallagher last Fall to remove Mr.
Landon and put Ruef In' his
place. While summary proceed
own YOUR OWN HOME
TIM
.Rose Qty Brk
Relieve inflammation of the
throat caused by cold or
Catarrh. Contain nothing tnjurimn.
" ' V
Value to $7.50 for $3.95
Special for Saturday, the Lipman-Wolf School of Style places on sale 800
Trimmed Hats, in a variety to suit every face, every new style of coiffure,
every complexion and every color of dress. These hats are of a character
1 1 1 J r AW r- r T...
3 wtm usually soiu ior q.ou. dui ior
Jk this extraordinary Saturday sale
kJ LJ y0ur choice at....
Hundreds of new Easter models for selection Saturday, in an infinite variety of styles, at every price
Intended for the holiday trade, but delayed
in shipment. All the newest weaves of the
quality you expect to see selling at $1.00
regularly. ,
The richness of the silks and the variety
of shades and designs are unsurpassed.
Pretty Paris Flower Effects.
Fancy D!agl. rtjtncea StrlpeM. .
Swell DonMe Plaids.
Satin Cross Bars.
Lovely French- Satin Effects.
Plain Surah Twills.
White, with white figures, new purples,
greens, wine tints, garnets, blues, grays
vrith white posies or black figures and plain
seal silks with contrasting polka dots.
Easy to adjnst for the smartest, large or
small knots, as you prefer. A chance not
likely o come your way again in C E-i
1907. Only JJK
(Men's Furnishing; Dept.)
ings could be taken to remove the
Mayor, the issuance of a writ of prob
able cause by some Judge would act
as a stay of proceedings pending ap
peal and, by resort to technicalities,
the settling of the appeal might be de
layed until the Mayor's term of office
had expired.
The Grand Jury did not meet today,
but will hold a short session tomor
row, at whirh time, the Investigation
of the telephone deal will be resumed.
No Indictments are expected to be filed
tomorrow. '
Care in Guarding Jury. '
The same care and watchfulness
that has marked the custody of Ruef
will be exercised in guarding 4he Jury
against any possible outside influ
ences when his trial begins. Instead
of a bailiff or the Sheriff having
charge of the jury, Mr. Langdon
stated today that the jury will be
placed 'In charge of Mr. Biggy.
This is said to be the first time in
the legal history of the United States
that an elisor has been appointed by
a court to apprehend a defendant and
given such power to keep him in cus
tody during the trial. Up to the pres
ent time the ordinary function of an
PACIFIC COAST GAS 6 OIL CO.
Portland, Oregon.
BUY OIL STOCK TODAY
A great scramble has already begun to ob
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WRITE OR CALL AT 401-402 COMMERCIAL
BLDG., WASHINGTON ST. PORTLAND, OR.
Your Opportunity Now-
AUCTION OF RARE
ORIENTAL RUGS
TVe will sell at auction on Tuesday and Wednesday, March 26 and
27, beginning at 2 P. M., at our salesrooms,
Corner Alder and Park Streets
the entire collection o rare Oriental Rugs just imported by Iskender
Bey, the world-renowned Collector, formerly of the Imperial Palace
of the Sultan of Turkey.
Iskender Bey was the only importer in Portland until fifteen years
ago. Since then he has leen in the remotest parts of the Orient in
search of rare Rugs. He will be present at the sale and be glad to
meet all his old and new patrons.
Goods on view on Monday, March 25. Sale positively without reserve.
GEO. BAKER & CO
Auctioneers, Alder and Park Streets.
Ladies' Handkerchiefs.
$1.00 Values, 39b
For this occasion only, we offer 3500
Ladies' all pure linen, hand-embroidered
Handkerchiefs, scalloped and
hemstitched, exquisitely beautiful in
texture and, pattern and reg- fry
ular values to $1, for only 3i7W
SAVE THE DRUG TRUSTS PROFIT HERE
Cure That Cold
To cure your cold In 24 "hours, take Laxative
Quinine Tablets according to directions; 25o
at trust drug stores; here ......lfr
Trommels Malt with Cod Liver Oil. ...1. ..79
Phillips' Emulsion of Cod Liver Oil 79
Same. -60c size for 1 j)C
Warner's Safe Rheumatic Cure ...S3c
Effervescing Citrate L,lt!iia, bottle 18e
Henderson's Pile Ointment, box S?
Osborn's Rheumatic Cure, 50c size 39c
Aseptine Catarrh Cure, ROo size ....39c
Sloan's Liniment. 11.03 size for..... 79
25c Baby Soothing Syrup X8c
25c ESPEY'S CREAM FOR 16c
25c Shaving Brushes, special
Borated Baby Talcum Powder
T.lnniH Tftnth -XTfi$th fioecial .................. .
$1.25 Rosewood Hair Brushes, hand-drawn bristles, extra
value oOC
elisor has been perfunctory and his ap
pointment was usually for the pur
pose of drawing, returning and taking
charge of juries when the Sheriff or
other proper officers were disQuallfied.
The present appointment of an elisor
extends only to the charge of extortion
for which Ruef is on trial, and does
not apply to the other indictments., In
order to reappoint the elisor to take
charge of Ruef during, the trial of the
other charges, it will be necessary for
the prosecution to show again that the
Sheriff and other regular officers are
disqualified.
Dissension Among Ruef's lawyers.
The report that there is dissension
among Ruef's attorneys seems to be
borne out by the fact that- they no
longer confer with him together, but
visit him singly. Ruef was in much
better spirits this afternoon. He sub
mits gracefully to the restraint placed
upon him and expressed his apprecia
tion of the courtesies extended to him
by Mr. Biggy and his guards. When
told that Mayor Schmltz's former resi
dence may become his temporary pris
on, Ruef jokingly said:
"Why not take my house. I offer the
elisor my home for the purpose."
m a. mam
$J
IIP Mj? 9J J?
Children's New Coats for
Spring; $10.00 to $20.00
The School of Style displays today the new
high-class tailored Coats for Spring wear
for misses from- 8 to 16 years; made of plain
and fancy materials, in styles as jaunty and
girlish as they are smart and stylish.
20c SCHOOL HOSIERY AT 12 Vic
At 12V2C
and knee.
A fr Children's medium weight ribbed
5fVV Stockings; double heel, toe and knee.
Splendid for its wearing qualities.
"Wearwell" Hosiery is the best of all, and costs
25c a pair. Only at Lipman-Wolf e 's.
for 15c
TOILET NEEDS-SPECIAL
25c Imported Tooth Brushes.... 15
25c Woodbury's Soap 16e
25c Sheffield's Tooth Powder 12C
$1.00 Zlect Toilet Paper, dozen 45c
LARGE BATH. SPONGES, 7c
White Rose, Glycerine, Oatmeal and Violette Soap, 45c
dozen, cake 5c
60c Shoe Brushes, largre. .......................... .2oc
50c Clothes Brushes, large. .25c
25c Japanese Nail Brushes w .......... 18
50c French Perfumes, all odors, oz 25d
.12c
.16C
COFFEE
There is no difficulty in
getting good coffee.
There is no difficulty in
having good coffee. -
Your mc ratann omr moaer H Tom don't j
lik SchiUisc'i But.
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Dentists say "it is the best denti
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for the teeth and gums leaves the
enamel white and gleaming: also
leaves a delicious after taste."
In handy metal can or bottle. 2Se
Dr Graves' Tooth Powder Co.
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ITTLE
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PositiTely cared by these
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Boys' heavy ribbed School Stock
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Write Your Eastern Friends .
TO COME WEST VIA
SPECIAL
Low Colonists Rates
DIKING MARCH A'D APRIL
From St. Paul, Minneapolis, Duluth,
Omaha St. Joseph, Kansas City and
ether MisBoun wver
Portland and Ashland,
$25.00
$30.00
Or., and Intermediate
points
Prom fit. Louis to Port
land. Ashland, Or., and
Intermediate points. .
From Chicago to Portland,
$33.00
Ashland, Or., and inter
media to points
Similar low rates from other East
ern points to tho West. f
Send ma full name and address of
your relatives or friends In the East
that axe thinking of coming to the
Pacific Northwest, and I will have
them furnished with literature and
full information, or if you wish to
pay the fare of anyone, the money
can be deposited with any agent of
the Northern Pacific Railway and
ticket will be promptly furnished.
For any additional Information
wanted, call on or address
A. D. CHARLTON,
Assistant Oeneral Passenger Agent,
255 Morrison Street. Corner Third,
Portland, Or.
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