jftomwir Jill fcpttim
VOL. XLVI. NO. 14,479.
PORTLAND, OREGON, SATURDAY, MAY 4, 1907.
PRICE FIVE CENTS.
1
FOUR MONTHS
JAIL FOR MAYS
Must Also Pay a Fine
of $10,000
FOR LAND-FRAUD C0NSP1RAC
On Hearing Court's Judgment
Disgraced Man Weeps.
JONES ALSO SENTENCED
Eight Months and $2000 Fine Por
tion of Co-Defendant Sorenson
Fails to Appear and His
Bail Is Forfeited.
FATE OF BLUE MOUNTAIN CON
SPIRATORS.
EX-STATE SENATOR FRANK
LIN PIERCE MAYS Pined 10,000
and sentenced 'to serve four months
In the Multnomah County Jail.
WILLARD N. JONES Fined $2000
and sentenced to serve eight months
In the Multnomah County Jail.
GEORGE SORENSON Ball of
$4000 forfeited and a bench warrant
Issued for arrest because of defend
ant's absence from courtroom.
Shattered In health and weakened ment
ally and physically, Franklin Pierce Mavs
ex-United States Attorney for Oregon and
ex-state Senator from Multnomah
Lounty convicted last Summer . of con-
piracy In connection with the Blue Moun.
tain forest reserve land frauds, came be
fore Lnited States Judge William w.
Hunt in the Federal Court yesterday and
was sentenced to serve four montlis in the
county jail and pay" a fine, of $10,000. The
ordeal proved exceedingly trying- to Mays
ana he broke down and wept when it was
over. '
Accompanied by his wife, his brother
Edwin and his attorney, W. D. Fenton,
Mays remained in an ante-room until
United States Attorney W. C. Bristol and
A. S. Bennett, attorney for H. H. Hen
dricks, G. D. Barnard and C, B. Zachary,
had argued at length on certain amend
ments to the bills of exceptions which
Bennett had filed. When the bills of ex
ceptions were finally disposed of Judge
Hunt announced that he was ready to
pass sentence upon Mays and his con
victed codefendants, Willard N. Jones and
George Sorenson. Jones was sentenced
first. Judge Hunt, in imposing a jail
sentence of eight months and a $2000 fine
on the former state legislator delivered a
stinging rebuke to the citizens in general
who have been guilty of land frauds.
Judge Hunt said that the downfall of all
of them was due to avarice. Reputable
men had found It easy to make money by
securing Government lands by the meth
ods used by the defendants.
, Inception of Land Frauds.
"Men who did these things became soon
careless in their methods," said Judge
Hunt. "One man made money easy and
then others would enter into the same busi
ness. Their moral sense finally became
so blunted that they could not distin
guish right from wrong, then men of
splendid reputation and good character
were ruined and disgraced for life.
While Judge Hunt was speaking Jones
stood motionless. He paled a little under
the scathing denunciation of the court,
but did not flinch or move a muscle when
Judge Hunt closed his rebuke by saying:
"The sentence of the court is that you be
. confined In the Multnomah County jail
for a period of eight months and pay a
fine of J-JO000."
Lawyer Makes a Plea.
When asked by the court whether he
had anything to say before sentence was
passed upon him. Jones replied that he
had not, but that his attorney, S. B.
Houston, would address the court in his
behalf. Attorney Houston pleaded for
leniency for his client and called Judge
Hunt's attention to the fact that Jones
Is already under sentence in another case.
Attorney Houston spoke of Jones' pre
vious good record and said that up until
the time he had become involved in the
land frauds he had always borne a good
reputation and was well liked by all who
knew him.
Mays, seated by his wife and brother,
was present In the courtroom when sen
tence was imposed upon Jones and It was
plain that he was steeling himself to meet
the Inevitable ordeal. Attorney Fenton,
during the morning session, had made a
motion for a new trial and had submitted
the motion without argument. Judge
Hunt took the matter under advisement
until 2 o'clock. As he called upon Mays
to come forward. Judge Hunt overruled
tho motion for the new trial and an
nounced that he was ready to pass
sentence.
Mays Very Sick Man.
. Before this Dr. W. T. Williamson, who
has attended Mays for nearly a year, was
placed on the stand and testified as to
the defendant's physical condition. Dr.
Williamson swore that on his last ex
amination of Mays he had found him to be
little stronger physically than he was last
Summer. He said that Mays was suffer
ing from presenility and would never be
a well man again under any environment.
Before Judge Hunt passed sentence
upon Maya, he said It was hardly neces
sary for a physician to testify that the de
fendant was a, sick man, for it easily
could be seen that such was the case.
Mays, while the court was passing sen
tence, grasped the back of his chair for
support and when Judge Hunt finished
speaking, seemed upon the verge of a
collapse as he sank into the chair.
Mays Sheds Bitter' Tears.
While Attorney Fenton was pleading for
a stay of execution of the sentence until
such time as he could consult with his
client and decide whether to appeal the
case or accept the sentence, tears came to
Mays' eyes in spite of his effort to con
trol his emotions and he lowered his head
and wept.
Attorney Fenton said that he was not
prepared to say at this time whether he
would appeal the case to the United States
Circuit Court of Appeals. He said that
be had two other cases pending and in
view of the recent decision in the Will
iamson case he was of the opinion that
the Mays case would not be appealed. He
said, however, that he would be better
able to decide Just what would be done
after he had consulted his client in the
matter. Because of this he asked for the
stay of execution and with the. consent
of United States Attorney Bristol, a stay
was granted until November 1, so that the
George Sorenson.
clerk might have time to prepare the
record in the case.
Settles Bills or Exceptions.
The first matter taken up by Judge
Hunt after the noon recess was the set
tling of the bills of exceptions in the
cases of Hendricks, Barnard and Zachary.
Attorney Bennett had prepared the bills
of exceptions, but had omitted a great
deal of the testimony which United States
Attorney Bristol deemed vital to the issue.
It took several hours to get what Mr.
Bristol wanted into the record, but In the
end' Judge Hunt ruled in favor of the
Government and with but a few excep
tions the amended bills prepared by Mr.
Bristol were accepted.
George Sorenson was the only defend
ant to be sentenced who was not In court
when it convened in the morning session.
Neither was Sorenson's ' attorney, Alex
Sweek, present, and the Sorenson case
went over until the afternoon session. At
torney Sweek was present at that time,
but Sorenson, who is supposed to be in
San Francisco, but whom Mr. Bristol de
clared he had been informed was seen in
this city Thursday.
Attorney Sweek explained Sorenson's
(Concluded on Page 2.)
CONTENTS TODAY'S PAPER
The' Wesvther.
YESTERDAY'S Maximum temperature, 60
degrees.
TODAY'S Fair; northwesterly winds.
Foreign.
Explosion of powder magazine spreads
death and destruction at Canton. Page
Serious rioting by Hindus in India- Page 8.
Ureat dam collapses in Mexico, killing many
workmen. Page 3.
National.
Commander Fullam of gunboat paducah
takes stern- measures . against . assailants
of American citizen in Honduras. Page 1.
Government orders Investigation of South
ern Paciflc land grant-In Oregon. Pago 1.
Portland may yet secure pure food labora
tory. Page 1. .
Terms of tariff agreement with Germany.
Page 8.
Government gets information about watch
trust. Page 5.
Politics.
Governor Hughes makes vigorous speech
against corporation politicians. Page 4.
Taft will speak in Oklahoma. Page 4.
President will not make another statement
on third term. Page 4.
.Domestic.
llaskin on weather service. Page 5.
Mary Sladek tield responsible for poisoning
her parents. Page 3.
Wounded American sailor in Cuba identi
fies assailant; Cubans denounce sailors.
Page 3.
Montana sect sells property to prepare for
end of world. Page 3.
Longshoremen's strike at Brooklyn ties up
ocean liners. Page 2.
Letter from eloping rector to bishop; police
in search of him. Page 4.
Pacific Coast.
Moyer-Haywood Jury not to be separated
during trial. Page 3.
San Francisco telephone girls strike. Page 2.
Calhoun and Mullally refuse to tell about
I'nited Railways graft, but will be In
dieted. Page 1.
Commercial and Marine.
California wants Oregon .and Washington
wheat. Page 17.
Eastern wheat crop reports exaggerated.
Page 17.
Union Pacific still leads In stock market.
Page 17.
Spring trade retarded by backward season.
Page 17.
E. W. Wright returns from the London
meeting of Baillng-ship owners. Page 16.
Steamship Aragonia clears with flour for
the Orient. Page 16.
Portland and Vicinity.
F. P. Mays and W. N. Jones sentenced to
County Jail tor land frauds and heavily
fined. Page 1.'
Primary campaign comes to an end: election
will be held today; labor leader warns
against roorbacks. Page 10.
Klval electric roads racing for entrance to
Washington County. Page 2.
Street railway company will post notices
forbidding amoklng on cars. Page 12.
Portland leads all American cities in gain
In bank clearings. Page 11. ,
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HOT "I
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MOVES TO BREAK
LI
Bonaparte Acts on Or
egon Grants..
ORDERS BRISTOL TO INQUIRE
Special Assistant Assigned to
Aid in Work.
PERFORM TERMS OF GRANT
Government Would Forfeit South
ern Pacific Land or Compel Sale
to Settlers May Try to In
validate Former Sales.
OREGONIAN NEWS BUREAU. Wash
Ington, May 3. There Is no longer any
doubt that the National Administration
will exert its powerful influence to break
the Southern Paciflc land monopoly in
Oregon and force that company to place
on the market the remaining 3,000,000
acres of its grant, selling upon demand
to bona fide settlers In quarter-section
tracts and at not more than $2-50 per
-acre, as specifically set forth In the law
under which the grant was made. After
several long conferences with Senator
Bourne, Attorney-General Bonaparte has
directed District Attorney Bristol to
make a thorough investigation Into the
Southern Pacific grant, more properly
known as the Oregon Central and Oregon
& California grant.
The Government will first determine
whether, tne law. under. which .the. grants
were, made can be enforced without fur
ther action on the part of Congress. If
it is concluded that there is ample law.
the Government will then determine what
is the most practicable method of en
forcing its provisions unless it shall be
found that the grant was forfeited.
Harlan to Conduct Inquiry.
From his talks with Mr. Bourne, the
Attorney-General is fully aware' of the
difficulties of the pr"oblafn he has under
taken to solve, and haa directed District
Attorney Nathan V. Harlan of the third
division of Alaska to report to Mr. Bristol
and aid him in every way in ' his in
vestigations. Mr. Harlan was in Ne
braska on leave and desired employment
before the expiration of his leave. The
Attorney-General was glad to secure his
services for this particular work and
accordingly instructed Mr. Harlan to re
port to Mr. Bristol and lend him every
possible assistance. The Attorney-General
has notified Mr. Bristol by letter,
and has instructed him to afford Mr.
Harlan every facility for the work and
directed him to place In Mr. Harlan's
hands all Information available which
would be of use In making the investi
gation. In his Instructions to Mr. Harlan
the Attorney-General says:
Lj Instructions From Bonaparte.
Yc-u are instructed to Investigate the mat
ter and prepare a bill in equity for sub-
IN
MONOPOLY
mission to the department for approval. The
relief asked in the bill shall be: First,
decree that, the land .grant Involved w
valid: or. second, that it was forfeited by
tne failure to comply with the terms stated;
or. third, that the railroad shall be decreed
to comply with the terms of the grant by
ottering tne land for sale .to bona tide sot
tiers at $2.50 per acre, and in tracts not
exceeding 160 acres to each purchaser.
Later on. It Is understood, the de
partment will Investigate to "determine
whether or not sales heretofore made by
the railroad in violation of the provisions
of the law can be Invalidated. At pres
ent, however, the. main object Is to force
the Southern Paciflc to put Its land on
the market and no longer retard develop
ment along the line of its road.
Mr. Bourne Is In constant communica
tion with the Attorney-Genera! in regard
to this matter, and It was-due largely
to his persistency that investigation was
ordered at this time. .
FIND ROOMS FOR LABORATORY
Bourne Urges Giltner to Try Again,
at Wiley's Request. ,.
OREGONIAN NEWS BUREAU Wash
ington, May 3. At the suggestion of Dr.
Wiley, Senator Bourne today telegraphed
Secretary Giltner, of the Chamoer, of
Commerce, suggesting that he make an
other effort to find quarters In Portland
for' a pure-food laboratory. If suitable
quarters can be found, Dr. Wiley gives
renewed assurance that the laboratory
will be established, but he Is unwilling
to do so until he can get accommodation
that are satisfactory.
it may require several months tn in
stall the laboratory after quarters are ob
tained. It will be three months before
the laboratory is actua'Jy put into opera
tion at Seattle, notwithstanding quarters
were selected several days ago. Never
theless, Mr. Bourne is anxious that quar
ters be obtained in- Portland without
further delay, and he has especially urged
that Investigation be made In new build
ings that are nearing completion, believ
ing that somewhere there must be rooms
that can be remodeled to meet the re
quirements of the Government. He deems
It advisable to have search made now,
before new buildings are rented and the
0681 rooms taken for other purposes. The
tnamDer of Commerce has a full de
scription of the quarters required and it
Is now up to It to find suitable accommo
dations. At one time It was believed the labora
tory might be located In the rooms In the
Custom-House now occupied by the Immi
gration officers, but the Secretary of Com
merce will not consent to vacate them, so
the laboratory must be established in
rented quarters. Dr. Wiley desires to lo
cate the laboratory as near the Custom
House aa .possible, because chemists will
be called upon to examine food products
that are held in the warehouse pending
determination as to their fitness for ad
mission to the United 8tates.
TODAY.
4 EVtV-?.?l:-'y-'Twg'??T, ( .
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Franklin P. Mays. I
- t t i i t i , ,
READY TO INDICT
CARLINE GRIEFS
Heney's Big Stick Wil
Hit Galhoun. .
HIS NEPHEW MULLALLY ALSO
United Railroads Bribes and
How They Were Paid.
RUEF TRIED HIDING TRACKS
Bonds Sold Through Middleman.
Calhoun and Mullally Refuse to
Testify, but Deny Guilt Home
Telephone Books Missing.
SAN FRANCISCO, May 3. (Special.)
Patrick Calhoun, president ef the
United Railroads, and his nephew and
assistant, Thornwell Mullally, were
among the first witnesses called before
the grand Jury this morning, and it at
once became apparent that the graft
prosecution is prepared to fasten guilt
for the bribes which the members of
the Board of Supervisors have con
fessed they received for granting the
United Railroads the overhead trolley
franchise immediately after the earth
quake and fire of April, 1906. Charles
Holbrook, a director of the road, was
also a witness, but stated that all im
portant matters in connection with the
corporation were attended to by Cal
houn without consultation with other
members of the board.
Indict Calhoun and Mullally.
As a result of today's testimony and
that to be given- tomorrow, indict
ments will be voted against Patrick
Calhoun, the - millionaire Wall-street
magnate who runs the local system. It
Is stated that Mullally had knowledge
of Calhoun's transactions, and there Is
little chance for him to escape the fate
of his chief.
One of the principal witnesses today
was Charles Sutro, a broker. Mr.
Sutro was asked If he did not pay over
to Ruef and Schmltz a big sum In
United Railroads securities immediately
after the trolley franchise was grant
ed. Mr. Sutro stated that he desired
further time before answering the
question. He made no denial, but stat
ed that he desired to consult an attor
ney.
This line of questioning clears up the
question as to the manner, in which the
money was transferred. It was known
that the United Railroads had paid $450,000
in bribes for the franchise. Of this sum,
some $100,000 cash was traced, but It was
not until today that It became known
that Schmltz and Ruef had received part
of their booty in bonds.
Home Telephone Books Missing.
When Calhoun and Mullally were called
to the stand they were warned that any
thing they might say would be used
against them. They both refused to tes- f
H f 1. anJ . . . .1
In addition to the United Railroads
officials, important officials of the Home
Telephone Company were called before
the grand Jury in the persons of J. H
Adams. T.-W. Phillips and C. W. Green,
it appears that the Home Telephone
Company books covering the bribery
transactions have disappeared and the
officials refused to divulge their where
abouts.
There is a possibility that a batch of
indictments will be filed tomorrow, as it
Is the Intention of the prosecution ' to
postpone Important grand jury ' matters
until after the Ruef trial. On Monday
Mr. Heney will go Into court and assume
charge) of tho Ruef trial. The Jury will
De completed on Monday, and the pres
entation of evidence wlU then be begun.
HOW BRIBE - MONET WAS PAID
itucr and Schmltz Got Bonds Cal
jhoun Still Denies Bribery.
SAN FRANCISCO, May 3. Proceeding
on the working basis of the confessions
before the grand Jury of 14 Supervisors,
which became public as official records
H'Ulard N. Jones.
recently. It Is the announced theory of
the prosecution that the United Railways
expended $750,000 In bribery for the pur
pose named. In the following manner: In
cash to each of 15 Supervisors, $4000; to
Supervisor Wilson, $10,000; to Supervisor
Gallagher, $15,000 a cash total of $85,000;
In bonds of the United Railways to Abra
ham Ruef and Mayor Schmltz, $565,000; to
a go-between, name withheld $1000,000 a
total in bonds of $665,000, and a grand total
of three-quarters of a million.
According to a further statement from
the prosecution, R expects to show that.
In order to' avoid future suspicion these
bonds were not Issued In the names of
Ruef and Schmltz. but in the names of
other persons, and that they were then
converted into cash by Ruef and Schmltz
through the house of Charles Sutro &
Co., of this city, Fred Hilbert. a friend
of Schmltz, acting as messenger between
Schmltz and Sutro.
Calhoun Denies Charge.
Mr. Calhoun said tonight In behalf of
Mr. Mullally and himself:
When called before the grand Jury this
afternoon and Informed that It had under
Investigation the alleged bribery of public
oinclau by the United Railways, we di
cltned to be sworn and. In order that our
action may not be misconstrued, I call your
attention to these facts:
For months past the public prints have
been full of charges traceable to certain
persons connected with the prosecution
that they had positive evidence that the
United Railways had spent not less than
4.-.0,0K In bribing the officials of this city.
have repeatedly stated that neither I
nor the United Railways had bribed any
one, authorized any bribery. Knew of any
bribery or approved of any bribery. This
statement I now fully reaffirm.
It Is not for us' nor any officer of 'our
company to disprove these grave charges.
t Is for those maklnc them to prove them.
We do not now care to discuss their mo
tives. We know that they cannot produce
any truthful evidence conneclng us or any
officer of the United Railways with . this
alleged crime.
We relied In declining to be sworn upon
the broad constitutional right of every
American citizen that a defendant can 'not
be called as a witness, and upon the Justice,
fairness and common sense of the grand
Jury to whom we look for complete vindi
cation without offering one word in our
own behalf.
Another Venire in Ruef Case.
SAN FRANfrlSCO, May 3. The ordinary
venire Issued yesterday by Judge Dunne
for the completion of the Ruef Jury was
returned In court this morning by Elisor
Blggy and 19 of the 25 men answered their
names. Sixteen of these were excused by
the court for legal reasons, leaving three
available out of the 25 summoned. Judge
Dunne issued thereupon another venire of
25, returnable Monday morning, until
which time an adjournment was taken.
Ruef and hia attorneys were not present
In court this morning. The state was rep
resented by Mr. Johnson.
TREATMENT FOR DOG BITE
Cincinnati Millionaire Is in Danger
of Hydrophobia.
NEW YORK. May 3. William Cooper
Proctor, president of the Proctor &
Gamble Company of Cincinnati, whose
father, William A. Proctor, rnmmlttnl
suicioe niarcn zs, is In this city and is re
ceiving the Pasteur treatment from the
physicians of the health department under
conditions of the utmost secrecy.
Mr. Proctor, who is a dog fancier and
who owns one of the finest kennels in
Ohio, was bitten several days ago on the
right hand while separating two of his
favorite animals which were engaged In
a fight. Later It was discovered that
nearly every dog in the kennel was suf
fering from hydrophobia. Mr. Proctor
started at once for this city. Dr. Poor,
Mr. Proctor's physician, said tonight that
although Mr. Proctor has shown no
symptoms of hydrophobia up to the pres
ent time, he. was not entirely out of
danger.
Drowned Boy's Body Recovered.
ABERDEEN, Wash:, May 3. The body
of Richard Beltz, the high school lad
drowned April 11, while out in a small
boat duck hunting, was found at noon
near the Hartwood mill, the place where
tha accident occurred.
FULLAM SHOWS
AMERICAN SPIRIT
Captures Murderous
Police and Soldiers.
TAKES THEM ABOARD PADUCAH
Prompt Action for Outrage at
Puerto Cortes.
AMERICAN BADLY BEATEN
Naval Commander Threatens to Hang
Assailants If the Victim Dies,
and Trains Ship's Guns on
tho Hondurlan Port.
SCENE OF FVM.AM'8 EXPLOIT.
Puerto Cortes is an Atlantic port
of Honduras on the Oulf of Hondu
ras and Is the terminus of
a rail- t
public.
road to the Interior of the republic
PUERTO CORTEZ. Honduras, April 29.
via Mobile, Ala.. May 3. The Chief of
Police and several policemen of this
place are aboard the American gunboat
Paducah. charged with murderous as
sault, and face trial by court-martial and
possible hanging from the yard-arm of
the Paducah. They were arrested on
orders Issued by Commander Fullam, of
the Marietta, for attacking a Louisiana
negro named General Davis here on
April 27 and perhaps fatally Injured him.
A number of Nicaraguan officers and
men also were arrested In connection
with the affair. These were delivered to
the custody of General Estrada, who was
advised by Commander Fullam that he
would be held for their safe-keeping.
Beaten Into Insensibility.
Davis, who Is an Inspector for - the
Thacker Brothers' steamship line, was
talking with some negro companions,
when he was threatened with a machette
by a drunken soldier. Davis wrested the
weapon away from the man and went
Into a house near by. Soon a squad of
police and soldiers arrived and arrested
him. While being dragged to the Cuartel
Davis was beaten into insensibility.
Thinking Davis was dying they took him
back to the place of his arrest and threw
him down on the ground, refusing to allow
his companions o remove him into the
shade. Physicians arrived and found him
perhaps fatally hurt.
Orders Sharp and Decisive.
Within ten minutes the bluejackets of
the Marietta, under Ensign Rorasach,
were on the spot. Commander Fullam's
orders were sharp and decisive.
"Arrest the Chief of Police," he said,
and the policemen engaged In the as
sault, put them In irons and send them
aboard ship. Arrest the Nicaraguan offi
cers and men engaged in the assault and
hold them for orders."
It was thought possible, that an attempt
would be made to release the soldiers and
police captured by the bluejackets, and
additional men were landed from the
Paducah and the Marietta. The Paducah
moved fo a position fronting the Nicar-
guan Cuartels, while the Marietta
covered the Cuartels in the port.
Commander Fullam, finding that the
civil authorities were incapable of main
taining regulations or orders and that
the government of Tegucigalpa was a
mere provisional management of certain
leaders that so far gave no evidence of .
stability, decided to ignore the authorities
here and recognize the only disciplined
force here under General Estrada, com
manding the Nicaraguan forces, who had
in the meantime returned from an out
ing. Hang Murderers at Yardarin.
Notice has been served on the Honduran
and Nicaraguan author. des that repar
ation will be demanded and that punish
ment shall be lntifclt.-d upon all of the
perpetrators of the outrage.
Commander Fullam says, if Davis dies,
the perpetrators will be tried for mur
der, presumably by courtmartial, and the
guilty ones hung at the yard-arm In front
of the port.
The Paducah was ready to sail for
Celba and Truxlllo, but will remain here
for the present. Commander Fullam has
placed Captain Winterhalter in command
of the land forces, and he is conducting a
vigorous Investigation of all the details
of the Davis affair.
GUATEMALA KATS HUMBLE PIE
Apologizes to Mexico for Insinuation
Against Legation.
MEXICO CITY, May 3. Guatemala has
apologised to -the Mexican government for
Insinuating that the Mexican legation at
Guatemala City was harboring the men
who are suspected of attempting to as
sassinate President Cabrera, of Guate
mala, last Monday morning. The inci
dent is now closed to the satisfaction of
the Mexican government.
Light Catch of Seals.
VICTORIA, B. C, May 3. The coast
catch of the Victoria pelagic sealers will
be the lowest on record this season.
Ex-Governor Peter Maytnbby.
ARDMORE, I. T., May 3. Peter May
tubby, for two terms Governor of the
Chickasaw tribe of Indians, Is dead at
his home in Caddo, aged 60 years.