VOL.. XLVI.-NO. 14,475. PORTLAND, OREGON, TUESDAY. APRIL. 30, 1907. PRICE FIVE CENTS. FULTON REPLIES TO LA FOLLETTE Oregon Senator Likens Little Bob to lago. HE ATTACKS TO GET MONEY Misrepresents in Order to Gain Sympathy. POSITION ON RATE BILL Vhj- Mr. Kiilton Ild Not Vote for Ineffectual Amendments Ills Real Work for True Rail way legislation. ASTORTA. Or.. Alfril 29. Special.)-4n n Interview with The Oregonian corre spondent this afternoon, United States Senator Fulton answered Senator La Kollotte's criticism of his attitude toward tho Wisconsin Senator's proposed amend ments to the railway rate bill. Senator Fulton said: "Tea. I observe that Senator Ia Follette is traveling abollt the country delivering lectures at so much per lecture and wil fully misrepresenting hs Republican as sociates In the Senate. However, lectur ing: is his business. He has no other. He Is engaged in this work for what there Is in it and the more he abuses others the more there is in It. It is reported that he Is making over 330.000 per annum. I have seen It stated In some papers where he has spoken that he says he was offered 310,000 a year by a railroad company to represent It. but that he declined. Why not, when he can make three times that amount ty misrepresenting others? His misrepresentations though wilful-, and wanton ore probably not open to the charge of being malicious. They are prompted solely by necessity. He must attract attentlorfTb his lectures. Could he do so without misrepresenting" others, he yoi;M probably not sti'dious'y misrepre sent thejn,. ,.JtuClU-c8-'u'1l principle Is, My friend, net money; get a large estate By honest means; but get at any rate. 'In tho Senate ho pays no attention whatever to legislation excepting such as he thinks he can work up Into material for a lecture. Ills lectures are the main point with him. for through them cornea his thirty thousand or more per annum. o Attention to Committee Work. '"lie is, for instance, a member of the Senate committee on claims, of which I am chairman. It Is one of the most im portant committees of that body. Indeed, has more work assigned to it than any other commltee. as all relief bills and bills for payment of claims go to it. The committee meets once every week during sessions. He has been a member ever since he entered the Senate, over two years now, and yet he has never attended but one meeting of the committee. He 'professes to be a Republican, yet he has. without a single exception to my knowl edge, voted with the Democrats ever since he has been In the Senate whenever a division has occurred ou party lines. "' have not heard any of the speeches he has delivered in Oregon, and my In formation concerning them is based en tirely on what I have Been in the public press, and been told by those who have heard him. According to these reports, if he does not so state in terms, he seeks to convey the Impression that in the rail road rate legislation I constantly voted In the interest of the corporations and against the Interest of the people, and so far as I have been able to ascertain, he bases that charge on two votes I cast. One vote was on an amendment pro posed by him May 12, ISOtf, disqualifying any judge who owns stock or bonds of a railroad company engaged In Interstate commerce, or wiio accepts or uses any pass or free transportation, from presid ing at tlie trial of any case arising under the Interstate Commerce act. Fulton Explains Vote. "Wmle it is true that I voted to table that, amendment. I did so for the follow ing very good and substantial reasons: "Prior to that date, namely, on May i, the Senate had adopted the following amendment: That no carrier engaged in interstate commerce shall, dtrectiy or indirectly, issue or give any free ticket, free pass, or free transportation to any person except to the officers, asents. employes and attorneys of the carrier issuing the same, or to min isters of religion, inmates of hospitals, ele mowynary or charitable institutions. Any carrier violating this provision shall he deemed guilty of a misdemeanor and shall fur each offense pay to the I'nlted States a penalty of not loss than loo nor mure than tZOOO. 'Subsequently there was added to the amendment the following clause, for which I also voted, namely: And any person other than the persons escepted in this provision who uses any such Interstate free ticket. Tree pass, or free transportation, shall ba subject to a like pena'ty. Now. It must be apparent to all that when we had made it a crime to issue a free pass. It would have been an absurdity to provide that a Judge who used one should not preside at the trial of a parti cular case. How could we assume that any Judge would have a pass when It was a crime to Issue or grant one? It is a crime to commit larceny, but It has never been thought necessary to provide by stat ute that a judge who commits that offense or receives the stolen property shall not preside at the trial of a laroeny case. To have adopted the La Follette amendment would have keen tot only to assume that a judge would, but that he lawfully might use or travel on a paes, the Issuance of which was not only positively prohibited by law. but made a criminal offense. Such an assumption was and is to my mind im possible. Every Republican Senator pres ent voted as I did, excepting Mr. La Fol lette (if he may be designated as a Repub lican) and Mr. McCumber, of North Da kota. Provision Already on Statutes. "But, it may be asked, should not a judge who owns stock or bonds of a rail road be prohibited from presiding at a trial to which such railroad is a party? Of course he should, but aside from the fact that the amendment which proposed to prohibit him from so doing was joined with the absurd provision regarding passes. It Is and always has been the law that a judge having any pecuniary Inter est In the subject matter of a suit cannot sit in judgment on the case. Such is the rule at common law without any statute, but Congress as early as 1839 directly rec- v : ! i lunslsi MtuW'S.'SS Isayi fHP'M I f . Z??f- v ' I I - 4-w J : p A J j. vn t k'V V ft Mayor t.eorgo IS. McClellau. Who lias I Made Peace With Tammany. tee...................... ognized whatever In the subject matter or is so related to or connected with either party as to render it improper for him to preside, he is prohibited from so doing. This rule is recognized and established by section 616. Revised Statutes, in the follow ing language: When It appears in any civil suit. In any Circuit Court, that all of the judges there of who are competent by law to try said case are in any way interested therein, or .. ar so related or connected with either party as to render it, in the opinion of the court. Improper for them to sit in such trial, It shall be the duty of the court, on ths application of either party, to causa the fact to be entered on the records, etc. And thereupon, provision Is made for the transfer of th cause to another circuit. "It will be seen that this general pro vision entirely covers the case and a Judge who owns stock or bonds of a railroad corporation, or of any other rail road or corporation "connected with" it is necessarily Interested in the outcome of the suit and Is also "so related to and connected with" such corporation, that he cannot preside at the trial or hearing of a cause to which It Is a party. He would be subject to Impeachment If he did. A general provision, such as the existing law Is also much preferable to a spe cial provision, for It applies to all cases. A. judge ought not to be permitted to preside in any cause where he has any interest, directly or Indirectly, whether the party be a railroad or other corpora tion, or the subject matter of the suit be lands, stocks, bonds or other property or interests. Under the existing law he can not. Endangered Whole Bill. t"The other proposed amendment against which I voted and for which he criticises me, as I am informed, is what is known as his valuation amendment. By it he proposed to require the Commission forth with to proceed and ascertain the actual value of the railroad -property-of every railroad in the United States engaged in Interstate commerce and report the same to Congress. It was provided that 'all final valuations by the Commission shall be prima facia evidence of the fair value of the railroad property .in all proceedings under this act." It was con tended by Mr. LaFollette that such a provision was necessary to supply a basis on which to determine what a reasonable rate in a given case would be. I am not disposed to contend that some such provision would not be of value, but it did not seem to me to be suffi ciently Important or urgent to justify jeopardizing the passage of the bill. Wo had reached an agreement In the Kepublicsn ranks in the nature of a compromise, relative to the principal provision of the bill on which we iia been divided and which we hod de bated over five months. The great and paramount desire of the friends of the bill was to secure a law au thorising the Commerce Commission to declare a rate established by a carrier unreasonable and to substitute such rato therefor as It deemed reasonable and denying to tho courts power to dis turb the rate so substituted, unless it should be shown to be confiscatory. We had succeeded. The compromise assured such a law. It was late in the session and the friends of the bill felt that further amendments that would probably excite opposition In the House when the bill should be returned there for concurrence, had best be voted down. We voted down many proposed amendments which at another time and under different conditions might have been accepted, but they were not deemed vital to the main principle of the bill. Take this amendment, for Instance. It added little to the power of the commission in the matter of ascertaining the value of railroad property, except that it authorised them to ascertain it In advance of any complaint about rates. As the law is. If a rate shall be challenged, the commission has ample power to in quire into and ascertain the value of that particular railroad. Indeed, the Supreme Court of the United States has held distinctly that in order to determine whether or not a rate la reasonable or unreason able it is necessary to ascertain the value of the railroad, for It holds that the railroad is. as a rule, entitled to a fair return -on that value, and a fair re turn only. The Commission is now au thorised by law to subpoena any and all witnesses required and to compel their attendance and the production of j books, maps and papers. The amend- onclnded on Pag ft.) START BOYCOTT -ON CUR THIEVES Refuse Equipment For Offending Lines. SHORTAGE NO LONGER FEARED Legal Way to Decline Through Routing. MUST AGREE TO BE GOOD Aew Rules Permit Members of Com bine to Cut Out Business of Con ncrtlng Unes Unless the Cars Are Promptly Returned. CHICAGO, April 29. (Special.) Drastic measures, are to be adopted by the rail roads of the entire country to stop car stealing and thereby compel the roads which are short of equipment to provide themselves with a sufficient number of cars to transport their traffic. Acting upon legal advice, all of the railroads which are Interested in stop ping car stealing have decided to boycott all car-thieving roads with a view to eliminating this evil from the transporta tion world. In so doing the railroads expect to end the car shortage and to prevent a recurrence of a scarcity of equipment which paralyzes the business of the country. The railroad boycott will consist of a refusal by all roads which are members of the per-dlem and the car-diversion agreements to permit their cars to go lo railroads which are not members of these agreements and also a refusal to make through rates over such lines. This la a direct and positive boycott of all car-stealing roads, - as It applies -only to roads which . are short of equip ment and which have refused to become parties to the two agreements mentioned. Before this severe measure was deter mined upon Attorney W. J. Calhoun, of Chicago, was askec for a written opinion regajainstlw-tegaitty of such a boycott, and his reply to the American Railway Association was a favorable one. Through rates mean through routing and both expressions involve the use of the'ears, and where reasonable rules and regulations are not recognized a carrier is hot compelled to establish a through route. Under this ruling a most rigorous boycott can be maintained against roads which steal the equipment of connecting lines and use it for months without re turn of without adequate compensation for the use of the cars. - The penalties are now so high for the misuse of cars by connecting lines that no road can afford to keep the cars and pay the penalties. Accordingly, with a boycott, in force those railroads which are the main offenders will be compelled to buy adequate equipment. MUST RUN" TRAINS TO CONNECT Supreme Conrt Upholds State Power Over Railrouds. WASHINGTON. April 29. The Supreme Court of the United States today decided in effect that the Railroa Commission of the State of North Carolina can com A SLIGHT OBSTACLE IN THE CANDIDATE THOMAS "IS ikfei! li life i It III ' ' ' pel a railroad company operating in that state to so adjust its schedule as to ac commodate passengers on other lines from any particular part of the state. The opinion was given by Justice White in the caee of the Atlantic Coast Company vs. the Corporation Commission of North Carolina. - - The Commission directed the company to make connection at Selma with a train on another line. - The company resisted on the ground that the order could not be complied with without putting on a spe cial train. This, it was contended, amounted to taking property without due process of law. The Supreme Court of North Carolina held againfct the railroad company and its deciedon was confirmed by today's action on the ground that the order does not affect rates, but Is a proper act of state regulation. ARMOUR CAR LINK OBDURATE Enter Claim That Company Is Ex empt From Ruling. . LINCOLN, Neb.. April 29. The .............. . t .V A. Judge W. A. Sanborn, of the TJnited states Circuit Court of Appeals, Who Has Affirmed Sentence on Packers for Receiving; Rebates. Armour Carllne Company, In a letter to the State Railway Commission, made, public this evening, declines to file its schedule of rates. The gen eral counsel of the company writes, in response to a notice sent out by the commission, that he has "tried to give the law a broad interpretation," but that, as the Armour line does its busi ness exclusively with the railways and not with the public generally, he does not consider- that It comes under' the court's jurisdiction. The commission is Insistent and has referred the matter to the Attorney OeneraL Most of the railroads of the. state sawnplcted their rata schedules to day. M;uiiue sf -ii.e commission said that those who had not filed, but had shown a disposition to do so, would be granted a few days of grace. PROPOSE TO TEST RATE LAW Cnion Pacific Joins in Movement to Resist 2-Cent Fare. LINCOLN, Neb.. April 29. A letter from Union Pacific headquarters to the State Railway Commission today intimates that the roads contemplate resistance to the 2-cent passenger rate law. The letter Is an answer to an inquiry from the Commission asking why the Nebraska patrons were not being given the benefit of the 2-cent rate on interstate travel. In reply to this 'the Union Pacific says that the lawyers for that line and others are seriously disposed to unite in a suit attacking the validity of the law. Broun and Roosevelt Confer. WASHINGTON." April 25. President Roosevelt had an extended conference with W. O. Brown, senior vice-president of the New York Central Railroad, today. Mr Brown would say nothing about his tajk with the President, but admitted that he had "talked a little" about the railroad situation with Mr. Roosevelt. WAY OF MR. THOMAS, DEMOCRATIC CANDIDATE FOR THE MAYORALTY NOMINATION THAT A REAL LIOX IX MY PATH, OB RIVAL CHIEFTAINS . BURY TOMAHAWKS Peace Between Murphy ,and McCIellan. MEANS RECOUNT BILL IS DEAD "Big Tim" Sullivan Recognized as Tammany Chief. BINGHAM'S HEAD TO GO OFF Mayor Not to Be Hampered, but Ap pointees Mast Not Tie Antl Tammany Wants Harmony on Own Terms. NEW YORK, April 29. (Special.) Pol lowing a series of conferences between "Big Tim" Sullivan, representing Tam many Hall, ana Corporation Counsel W. B. Klllson, acting as the ostensible spokesman of Mayor McCIellan, a truce to active warfare, If not an abiding peace, was proclaimed today as having been ratified between the powers of Tam many and the forces of the municipal ad ministration. Politicians usually well in formed accepted the following as the principal opndition .of the peace treaty: That Mayor McCIellan Is to remain un hampered in making Buch appointments and pursuing such policies in the munici pal administration as. he deems to be for the public good. Mayor Will Not Fight Tammany. That tne Mayor in turn is to refrain from making war on the organization at the primaries and from making such ap pointments as would indicate antagonism to Tammany Hall. That the Sullivans are more than ever in the saddle and that the Mayor in his future relations with the county organ izar'on will recognize "Big Tim" as the chief of Tammany, rather than Charles F.. Murphy, though no effort is. to be made to oust Murphy "from tjie.lead.err. shlp.v That the Sullivans demand the head of Police Commissioner Bingham. That Tammany will swing its influence and its votes in Albany in opposition to the Mayoralty recount bill, thus, with the ready aid of Republican Senators, forcing that measure to die a natural death and enabling Mayor McCIellan to peacefully complete his present term without having to worry about the out come of any possible contest. McCIellan for Harmony. ' Mayor McCIellan, in giving out a formal statement announcing the peace pact, said to the reporters: i "If the elements that constitute Tam many Hall wish to harmonize on that plan, then I am for harmony." When asked about the formal announce-, ment of peace, he was asked: "Does it mean that peace has been de clared?" "It looks that way." "Were you a party to the agreement?" "Not personally, but Mr. Sullivan rep resented the organization aricl to that extent I was a party." ..- . "Did Mr. Sullivan consult you before meeting Mr. Ellison." ONLY A STUFFED ONE." "Yes; he went into the conference with my full concurrence." Mayor McCIellan tonight stated hie at titude as follows: I have made no deal and have author ized the making of no deal which altera my position in any way. Xt is and shall be my ambition to give to the city the best ad ministration that la possible. Government and factional politics will not be permitted to Interfere. I take btfck nothing I have said concerning the management of the Democratic organlratlon. If the elements that constitute Tammany Hall wish to har monize on that pla:ik, then I am for har mony. For a political peace, which Is so needful to my par In the city, state and the Nation, I shall go as 'far forward as any man. but not one step backward. Mr. Ellison, after the conference, gave out a. statement In which he said the Mayor will be left free to appoint the highest class of men he could find for city offices, but that he (Ellison) will advise against the appointment of men inimical to the Democratic organization or its leaders. Mr. Sullivan, he said, agreed that only efficient men should be retained in or appointed to city offices. The Mayor will recognize the rights of its leaders to con trol, the Democratic organization, ana will ask that the organization give him Its support in - his efforts - to solve the great municipal problems which confront them. In that way it was hoped to eradicate the lines drawn between the organization and the administration. POOR OLD ALTON B. PARKER "Just the Candidate I Did Not Want," Says Bryan. PORTLAND. Me., April William J. Bryan, as the guest of honor at the ninth .&snual banquet of the Maine Democratic Club, spoke for an hour on political is sues here tonight. Mr. Bryan said he had been exceedingly honored by the people, and added: "I have nothing to ask of the American people. All 'I ask Is a chance to pay back the debt I owe to them." In reference to the last Presidential campaign, he said he did not get just the platform he wanted, and add.ed: "But I got Just the candidate I did not want at all. However, I did what I could to support the ticket. Our party had its - experiment and will not try it again. Perhaps it is just as well it did. At last we are going into a campaign united on the, right sde of the questions. Two years ago we were united on the wrong side." ' CONTENTS TODAY'S PAPER TODAY'S Fair; northerly wind. YESTERDAY'S Maximum temperature, 70 degrees; minimum, 43. . Foreign. Insult to Army causes crisis between Rus sian Cabinet and Douma. Page 2. Rebellion in Montenegro. Page 2. French art exhibition opens, with Amer icans as beat exhibitors. Page 2. Strike threatens France on May 4. Page 2. National. Secretary Taft speaks on Panama Canal and Cuba. Page 1. France moves for reciprocity. Page 2. Portland bid on Keno canal rejected. Page S. Politics. Peaca, made between McCIellan and Tarn- many. Page 1. Bryan give Parker severe dig.' Page L. Domestic. Haskln on romance of Louisiana. Page 4. Perpetual motion, engine sold to Standard Oil for $10,000,000. Page 3. Railroads which do not furnish share of cars to be boycotted by other ' roads. Page 1. Minnesota 2-cent rate to be fought by railroads. Page 1. . .. Sentence on packers for accepting rebates affirmed. Page 4. Salt JLake carmen win their strike. Page 4. Kansas to have sale of saloon fixtures, but . will destroy liquor. Page 3. Sport. English Jackles beaten by Americans at Jamestown boat race. Page 7- Pacific Coast. Senator Fulton replies at length to attacks of La Follette. Page 1. Bark Ztnlta. reaches Astoria, after thrilling voyage, with mutiny and gale. Page tt McManus case has gone to Jury. Page 6. Heavy shipments of wheat being sent from ETastern Washington. Page 7. Commerce and Marine. Wheat markets lower, o.wlng to rain In Southwest. Page 17. Active movement in Union Pacific, stock. Page l". German bark Tellus, In from Lelth, Scot . land, reports sighting derelict schooner. Page 16. . Steward of Russian steamer Selcnga Deserts ship with his wife. Page jft Portland and Vicinll j J Marshal of La Camas shootfJ Mlsa Effle Westfall In Portland. Pagl 12. Mrs. Smith on stand in divorce cse. Page 1. Biggest mortgage In history of city Is filed. Page 10. Chinese- pawns wife's Jewels to gamble. Page . Issues that voters must decide at election. Page 11. , Prohibitionists name municipal ticket. Page 10. Editor of Labor Press" says lie was offered bribe to use influence to defeat John B. Coffey. Page 16 C. M- Clark, Philadelphia banker, elected to succeed the late H. W. Goode aa pres ident of Portland Power Company. Page 10 John B. Coffey and "H. CJ. Parsons denounced for union labor tendencies by Union "Ke- " publican Club. Page 10. Clark County Commissioners reduce rates charged by Vancouver ferry. Page 12- eseeeeeeteeeeeeeeeeeeeef ! . . . , j iiswiAitsmiiwW irifltfoi i 1 Charles F. Murphr, leader of Tsm- t many Hall, Who Has Beeoms Reo- t onrilrtl With Mayor McCIellan. I ..- ! WORKTO BE DONE IN EIGHT YEARS Secretary Taft Tells of Canal Progress. PAYS TRIBUTE TO FRENCH Rouses Great Enthusiasm in Cincinnati. CHIEF GUEST AT BANQUET Bnsy Day in Home City, Where He Takes Time to Confer on Pollt loal Situation With the Ohio Jader. CINCINNATI, April 29. "If the Pan ama Canal is not completed within eight years, I shall be greatly disap pointed. If it is completed In less time than that I shall not bo greatly surprised." This statement made tonight by Secretary of War Taft before the Busi ness Men's Club of this city. was loudly applauded by the 1500 members of the club gathered at the banquet hall. The banquet tendered tho Secre tary by the Business Men's Club came as the climax to the last of three days of his Western trip, and it was a fit ting culmination to the flattering re ception that has been extended to him on every side by his Ohio friends. The hall was packed to its utmost ca pacity,' and more than 400 applications for tickets of admission to the ban quet were declined because thera was no room for the late applicants. s The last day of the Secretary'3 trip was full of work for him and crowded with receptions flattering to him. both as an orator and as a man. In the morning h delivered an address to the students of tho law school of Cin cinnati University; where' he still holds his position as dean of the law school. Later he appeartrTerr -ttlefioOT of tho Chamber of Commereo and made a i brief address. Has Political Conference. This afternoon the Secretary con ferred with N. C. Wright, of Cleve land, regarding the Ohio political sit uation. Mr. Wright told him of the position of the leading Republicans in the northern part of the state. To night's banquet was one of the most pretentious affairs of , the kind ever seen In the city. The appearance of Mr. Taft. was the signal for an out burst of applause that continued for several minutes. Judge Horace H. Lurton, of Nash ville, former colleague of Secretary Taft upon the Federal Bench, Intro duced him. Secretary Taft announced that he would speak on "The Panama Canal," and particularly upon the im provements and rapid progress in th.9 work. Said the speaker: It is only by a comparison ot the con ditions existing at the time o my two visits that I am able to g' an adequate Idea of the work that has been accom plished and of the present condition of the work I would like. In passing, to pay a tribute of Justice to the French people, for what they did down there has never been properly appreciated by the American people' The great danger ot the work of this char acter under the auspices of the American people is that the work of construction will be undertaken before the work of preparation Is completed. I do not think that the preparatory work ot the last two years has been productive ot anything but the most beneficial results. Selects Sites tor Locks. My visit this year was to settle the ques tion of the location of the locks, the comple tion of which will. In my opinion, mark the completion of the canal. It is possible, however, that the finish of the work la the Vulehra cut will be the end of our labor In this cut there are yet to be ex cavated 52.00O.0O0 cubic yards of earth, exclusive the digging to be done on the approaches to the cut proper. In the nine miles of the cut there are now 68 steam shovels at work, and they will take out an average of 1,000,000 cubic yards per month. This rate may be increased until we hav BO shovels at work, and then It will grad ually decline until It will probably be some what below 1.000.00O cubic yards per month. We will not be able to work as, many shov els as we get lower down in the cut, whers the space is more narrow. ' We advertised for bids on the canal work, and .then declined them for the reason that we found that it would be necessary for the contractors to have the help of capital ists, and we would be compelled to allow the contractors 7 per cent Interest on the money they would be compelled to borrow from the capitalists. As we could borrow money at 2 per cent, this 7 per cent propo altion did not appeal greatly to us. Provide for Continuity of Work. To us In responsibility. It Is a great comfort-to be able to Introduce the Army en gineers upon the work. We have three of them there, and If one falls out. the contin uity of the work "Will not bs disturbed. No doubt engineers from civil life would act In a similar manner, but If any of you gentlemen have ever managed a work ot magnitude where everybody had the right to poke In his nose and insist upon this and that, yon would know how great Is the re lief to have that done away with. The rec ords of the Army is a guarantee that tb work will be capably and honestly per formed. Finds Cuban Conditions Good. As to Cuba, he declared that the Teller resolution had established our policy there. He continued: Change by insurrection was about to b adopted when we intervened. We suggested means of settlement, and, with conferences with both the Moderates and Liberals, th matter was brought to an end. But when we took charge we promised to stay oaly "till tranquility had been restored and a firm government, established." It rosy be all right to talk about annexation and a protectorate, but we made a solemn prom ise, and we cannot afford not to carry it out. He estimated that it would require tin- (Concluded on Pag 7-)