VOL. XLVIXO 14,516.
PORTLAND, OREGON, TUESDAY, JUNE 18, 1907.
PRICE FIVE CENTS.
PUT
SCHIMTZ' SEAT
First Step in San Fran
ciso Reform.
SOON WILL YIELD TO ANOTHER
Schmitz Will Fight Removal to
Finish in Court.
DWYER NEXT IN LINE
Supervisors Obey Langdon, Only
Two Resisting: Entire Schmitz
Administration to Be Removed
When the Change Is Made.
SAN FRANCISCO. Juno 17. Acting
under Instruction from District Attor
ney William H. Langdon, the Board of
Supervisors shortly after T o'clock to
night adopted a resolution declaring;
Mayor Eugene B. Schmltx temporarily
unable to perform his official duties
and appointing Supervisor James L.
Gallagher acting Mayor. The latter
ays he will assume the Mayoralty at
once and he denies that he has made
with the District-Attorney or with
any one else an agreement to resign
at command. In order to make way for
a reform Mayor, whose name Is yet to
be announced.
Mr. Ijingdon, Assistant District At
torney Heney, Rudolph Spreckels and
their Immediate associates In., the
bribery-graft prosecution are by this
move placed in actual control of the
municipal situation. That they will be
allowed so to remain without legal
contest by the convicted Mayor's attor
ney's Is not suspected. It Is the plan
of the prosecuting forcea to ask for
the resignation in a few days of some
one of the 18 Supervisors. This forth
coming, acting Mayor Gallagher will
appoint to the vacancy a man named
by the District Attorney. So soon as
he takes office. Gallagher will resign
from the Mayor's chair and his resig
nation will be accepted. The board,
acting under orders from the prosecu
tion, will then elect the new member
Its president pro tempore and by vir
tue of that office he will at once be
come acting Mayor. .
Dwyer Suggested for Mayor.
The man most persistently men
tioned for this place Is Joseph Dwyer,
an attorney and president of the In
dependence League, but that political
connection Is aald to render him un
acceptable to Mr. Spreckels. the finan
cial guarantor of the whole bribery
graft investigation.
The first act of the reform Mayor,
If the prosecution's programme la car
ried out, will be to demand the resig
nation of practically the entire Schmitz
administration, whose placea will be
filled with reform agents as fast as
the vacancies are created. Unless dis
turbed by the courts, the new regime
will endure until next January, the
time for the Induction of the officers
to be chosen at the municipal election
next November.
Schmitz Will light Removal.
' Schmitz, convicted last week of the
crime of extortion, remains a prisoner
In the City and County Jail. He is to
be sentenced by Judge Dunne June 27.
Bis lawyers maintain that his Incar
ceration doesj not disable him from
performing the duties of office, and
they say today's action of the Board of
Supervisors Is revolutionary and en
tirely Illegal. It Is understood they
will test the latter claim by Instituting
quo warranto proceedings, applying
for a writ of review or asking for an
Injunction restraining Gallagher from
assuming the Mayoralty.
The resolution declaring the Mayor'
chair vacant and appointing Gallagher
to fill it. was adopted after a fight on
the floor. It was opposed by Super
visors Tvelmoe and O'NelL It was
voted for by 12 supervisors, each of
whose confession to bribe-taking la
transcribed In the grand Jury records.
As none of these has been indicted for
bride-taking, the general understand
ing Is that they are to escape punish
ment if they continue to do the bidding
of the District-Attorney and his prose
cuting associates. No denials of this
, has been made by Mr. Langdon, Mr.
Heney or Mr. Spreckels.
Move to Counter on Informers.
The attorneys for Schmitz announce
their determination to take his case
to the United States Supreme Court if
Judge Dunne overrules their motion
for a new trial on June 2? and the
Appellate Court makes a similar de
nial. It was reported tonight that inter
ests other than the graft prosecution
had engaged attorneys to look up the
law on immunity and ascertain how
far it could be made to extend, with
a view to pressing prosecution against
members of the Board of Supervisors
and others who have been granted im
munity in consideration of their turn
ing state's evidence.
Judge Sewell today postponed until
Wednesday the hearing of the case
against Chief of Police Dinan, accused
of malfeasance in office.
Schmitz Allowed to See Lawyers.
fiAN FRANCISCO, June 17. Judge
GALLAGHER
Lawlor today signed an order permit
ting Mayor Schmitz to leave the Coun
ty Jail this afternoon in the custody of
Sheriff O'Nell to visit the office of his
attorneys to consult with them regard
ing his appeal from the verdict of con
viction. The order specifies that the
consultation shall be for "private" bus
iness only, and that at the conclusion
Schmitz shall be returned to the County
Jail.
. The order was made by Judge Law
lor, owing to the absence of Judge
Dunne, who Is resting In the mountains.
AXOTHEB IXDICTMENT COMIXG
Heney Gives Calhoun's Lawyer a
Pointer and Makes II im Angry.
SAN FRANCISCO, June 17. The
cases against President Calhoun, Gen
eral Manager Mullally, Chief Counsel
Ford and Assistant Counsel Abbott, of
the United Railroads, for bribery of
supervisors, were up before Judge
Lawlor this morning for hearing of
motion to set asido the indictments.
Important information of other in
dictments to be brought against Cal
houn and his alleged accomplices for
bribing a Supervisor not yet men
tioned came out in the hearing this
afternoon.
A. A. Moore demanded as one of his
rights that witnesses whose names ap
pear on the indictments, but whose
testimony does not appear in the tran
script, be summoned as witnesses.
Forty names are set forth in the in
dictments, but the testimony of half
of thlc number has not been forth
coming. This, the prosecution ex
plained, was because there was no
stenographer present when they testi
fied. Mr. Heney objected to Moore's de
mand. Nevertheless he said:
"I'll do this for you. The grand
Jury is about to bring another indict
ment against Tirey L. Ford and others
for bribing a Supervisor who has not
yet been mentioned. If your honor Is
willing, we will file a complaint be
fore him as a committing magistrate
and on an information supported by
the testimony of these witnesses we
will ask that they be held for trial
before a Jury. This will give you the
testimony you desire and will not un
duly take up the time of the court."
Mr. Moore became very angry at this
affair and characterized It as "an in
decent bluff." He said he would have
nothing to do with such a matter be
fore a court as high as the Superior
bench.
Judge Lawlor said that he had no
time to begin the proceedings and,
though the offer stood, It was passed
over by the defense.
HOW MUCH FROM SPRECKELS?
Calhoun's Lawyer Wants to Know
What Heney Is Paid.
SAN FRANCISCO, June 17. When
the cases of Patrick Calhoun and other
United Railroads officials were before
Judge Lawlor, Mr. Moore, for the de
fendants, called Rudolph Spreckels to
the stand in an effort to secure testi
mony in support of his motion to quash
the indictments. He sought to learn
what moifty Mr. Spreckels had con
tributed, and directed his attention to
learning about the . hiring of F. J.
Heney.
The court sustained objections to
that line of examination, holding that
no evidence could be reached that does
not bear directly upon the alleged dis
qualification of a grand Juror. The
matter went over until tomorrow
morning, at which time the gas cases
will also be taken up.
ASKS TO BE RECOGNIZED
Representative of Provisional Gov
ernment of Honduras Arrives.
WASHINGTON, Juno 17. Senor Ugarte,
representing the provisional government
of Honduras, arrived in Washing-ton and
notified the State Department that he de
sires to be presented to Secretary Root,
and recognized as the duly accredited
diploxnatlo representative from his coun
try. While the provisional government of
Honduras was established by President
Zelaya, and General Davlla was selected
president of the Republic, it is under
stood that the Nlcaraguan government,
though Minister Cores, will oppose the
recognition of Senor Ugarte by the Am
erican government.
Bourne Pushes Land Grant Suit.
WASHINGTON, June 17. Senator
Bourne is uncertain when he will return
to Oregon and may remain in Washing
ton several months longer. He has many
Oregon matters pending before various
departments and wishes to have them
attended to before leaving the capital.
Mr. Bourne is making an effort to have
the Department of Justice expedite ac
tion in the California-Oregon land grant
proceedings and will not leave here until
this and other departmental matters are
closed, and when this is dona he will
return to Oregon.
-...... iiM
I i
I - i f'T m'liif
7 John L. Gallagher, Chairman of San
Francisco Beard of Supervisor,
Appointed Acting Mayor.
.......
BABY IS LOST 10
NIGHTS ON DESERT
Found Unharmed Eight
Miles From Home.
500 PEOPLE HUNT FOR CHILD
Rescuer Hears Infant Chatter
ing in Sagebrush.
BOY ONLY 19 MONTHS OLD
Little One Disappeared From- Its
Parents Near Caldwell Saturday
Evening, Wandering 3 6 Hours
Without Food or Shelter.
BOISE. Idaho. June 17. (Special.)
Unharmed after wandering eight miles
into the sagebrush and spending . two
nights without food or shelter, a 19
months old boy, son of Mr. and Mrs.
Lawrence, of near Caldwell, was found
this morning by a searching party
and safely returned to the anxious
parents.
The little fellow was missed from
home shortly after ( o'clock Saturday
evening. Search waa begun and "con
tinued all night. Large parties were
formed Sunday morning, and ' the
country scoured in every direction.
The Warden . of . the penitentiary . at
Bo'.se was appealed to to send hounds,
and did so. The dogs could ' do
nothing. The tracks were lost In a
broken country and the search on Sun
day failed. Early this morning there
were fully BOO people in the field hunt
ing over a great area.
"Pretty Pony," Calls Out Baby.
Harold Hawthorn, with his horse,
finally found the little one eight miles
east of its home. He was searching in
that direction with a party, but others
had turned .back, declaring the child
could not have traveled so far. How
ever, he pushed on. He found soma
baby tracks, but these were""oon lost.
He kept on, leading his horse and se
lecting what seemed the most probable
route.
After he had gone half a mile from
the point where his companions both
left him, he heard a child's voice say
ing, "Prety pony; baby ride pony."
Looking over the sagebrush Haw
thorne saw the little one standing
there, unconcerned and reaching out
his arms to him. He picked it up and
hurried to the top of the ridge, from
which he signalled.
While the others galloped to notify
the parents, Hawthorne put the child
in his saddle and started back. He
had a bottle of milk from which the
child partook ravenously until he took
it away. The feet and legs of the lit
tle one were scratched, but it was
otherwise none the worse for Its ex
perience. Whore the child was found is a
broken sagebrush country between the
Boise fend Payette Valleys, some 16
miles northeast of Caldwell. The miss
ing child was found standing behind
a sagebrush and soemed perfectly well,
though it had been out two nights
without food. -
Mr. and Mrs. Marsh live 12 miles
northwest of Caldwell.
WATER POWER ON RESERVE
Southern Pacific Gets Permit for
' i Cascade Forest.
ORBGONIAN NEWS BUREAU, Wash
ington, June 17. The Forest Service to
day granted a permit to the Southern
Pacific Company of Kentucky to con-
L
MIse Cora Peabody, Dana-liter of
Ex-Governor of Colorado, Who Tes
tified at the Haywood Trial.
struct a dam, conduit and power-house
in the Cascade forest reserve, the con
duit to be 1.62 miles in length and the
power-house site to be five acres in area
for the purpose of generating electric
power for general commercial use. -
It also granted a permit in the Innaha
National forest to Haas Brothers, of
Innaha, Oregon, 280 acres of land for
the purpose of a roundup and pasture
and a permit in the Bitter Root Na
tional forest, Idaho, to P. R. Kelsey and
F. B. Bursell, of New Home, Idaho, to
occupy a right of way three and one
half miles long, beginning at a point on
Pilot Creek J60 feet below the mouth of
Roaring Creek and extending to a point
on Baldy Creek 450 feet above the Intake
of the old Montana placer mining ditch,
for the purpose of constructing a ditch
to convey water needed for the devel
opment of the Montana placer mining
claims.
Aorthwest Postal Affairs.
ORBGONIAN NEWS BUREAU; Wash
ington, June 17. Glllls O. Dlzney has
been appointed regular, Charles M.
Dlzney substitute, rural free delivery car
rier, route 1, at Madras, Or.
Beulah J. Atherton has been appointed
postmaster at Nolln, Or., vice W. W.
Atherton, resigned.
? J n
C t As)' -
Yl? Fee '
vK'-. Ax
'WELL, HERE WE ARE ON TIME!"
ORCHARD
ON
TO
State May Recall In
former Today.
DOUBT ABOUT ADAMS' EVIDENCE
Latest Story Is State Will
, Leave Him to Defense.
BROAD EFFECTS OF LAW
Conspiracy Law Held Not to Require
Direct Proof of Haywood's Com
plicity In Steunenberg Murder.
Orchard at Caldwell.
BOISE, Idaho, June 17. (Special.)
Nothing has transpired today respect
ing the plans of-the prosecution in the
Haywood case for tomorrow. The at
torneys for the state are keeping their
own counsel very closely, and the peo
ple will not be admitted into their
confidence to any great extent until
they disclose their plans in court. It
has been asserted tonight that Orchard
will be put on tomorrow in redirect
examination, but that statement can
not be verified. It is known there are
a number of witnesses on the way
who will not be here until tomorrow or
the next day, and It is possible
Orchard will he put on, so that all the
other witnesses shall be on hand when
the introduction of corroborative evi
dence Is renewed.
Mystery About Adams.
There remain much mystery about
the manner in which Steve Adams is to
be handled and conflicting reports are
circulated. The attorneys tor the
prosecution have always stated it to
be the purpose of the state to put him
on before the case Is closed, but they
have never stated whether it would
be in direct testimony or. in rebuttal,
nor have they intimated whether they
have any reason to believe he will
testify.
It is known there will be further
testimony in corroboration of the story
of the attempt on the life of F. W.
Bradley, about Orchard's visit to the
Coeur d'Alenes just before he returned
to this locality to carry out his mur
der purpose, of the pursuit of Judges
Gabbert and Goddard, and of the Vin
dicator story, and it is stated, several
other points of the story will be cor
roborated by witnesses. Still it seems
probable that some of the strong wit
nesses for the state will be held for
BEAR
WITNESS
rebuttal, as there are a number here
supposed to be well informed, respect
ing whom there eeems no likelihood
that they will testify in the case In
chief.
Effect of Conspiracy Law.
A great error in the public mind
arises from misconception of the law
of the case, heretofore explained in
these dispatches. This is held to be
so strong that, had Orchard blown up
that boarding-house full of non-union
men at Globevllle, all these conspira
tors who are charged with employing
him to go about the country on such
errands could be held responsible for
the crime. When it is contended that
the law is ao broad aa that, the mis
take of those who assume that there
must be corroborative proof of Hay
wood's having personally participated
in sending Orchard on the Steunenberg
mieslon becomes very plain. This case
Is being prosecuted exactly aa though
all three men were on trial together;
testimony against one of them is
against all of them 'as members of the
conspiracy, and the state has only to
5. - .'!
-4fe '.,! 1 )
Charles A. Siringo, McParland's
Bodyguard.One of the Most Fa
mous Pinkertoa Detectives in the
West. He Figured in the Hjy mar
ket Riot Case.
show that they were acting together
generally )n such a conspiracy as al
leged. '
ADOPTS PLAX OF CAMPAIGN
Prosecution Will Recall Orchard, but
Let Adams Alone.
BOISE. Idaho, June 17. When the
Steunenberg murder trial is resumed to
morrow morning Harry Orchard will be
the first witness called to the stand by
the state.. He will at first be ' In the
hands of the defense In order that a
series of formal impeachment questions
may sbe propounded and then the prose
cution will take him over for his re
direct examination. Despite his long
stay on the stand, several points rela
tive to the Steunenberg murder and the
alleged conspiracy behind It were not
developed and these the state will bring
out. The prosecution also wants to clear
up several matters dealt with by the
defense when Orchard was under cross
examination. When Orchard was brought back from
Caldwell, his guards took him to the
office of James H. Hawley, senior coun
sel for the state, for a conference as to
his testimony and at the conclusion of
(ConIudefl on Page 2.)
CONTENTS TODAY'S PAPER
The Weather.
TESTCRTAT S Maximum temperature, ' 79
dMtreee; minimum, 51 degree.
TODAY'S Fair and continued
north-
westerly winds.
Foreign.
Limitation of armamenti will not come be
fore Hague Conference. Page 5-
Murder, and bomb-throwingr in Odessa fol
low dissolution ,of Douma. . Pace 3-
National
Senator Foraker Bums up . evidence In
Brownsville Inquiry. Page '
Government charters foreign ships to carry
coal to Pacific fleet. Page 2.
Baron Kaneko to succeed Aokl as Ambas
sador. . Paa;e 2.
romeetle.
Judge Mcpherson decides to test Missouri
2-cent-fare law. Page 5-
Denver full of ' delegates to land-law con
vention. Page
Market quotations to be posted on Union
Pacific trains. Uage 15.
Abbey, former -Oregon railroad man, dies
of cat's scratch. Page 3.
Railroad surgeons advocate Osier's system
to prevent wrecks. Page 8-
Bodies of three drowned midshipmen re
covered. Page
One of Holmes' confederates gives damag
ing evidence about leak in cotton statis
tics. Page 8.
Wife of ex-Governor Wells, of Utah, fatally
injured in automobile wreck. Page 2.
Pacific Coast.
San Francisco 6upervisors elect Gallagher
Acting Mayor. Page 1.
Orchard to be recalled In Haywood trial.
Page L
Sentence passed In Idaho land-fraud eases.
Page ft-
Five people drowned near Seattle. Page T.
Northbound passenger wrecked at Cottage
Grove. Pare 7.
Conunerclal sod Marine.
Crisis approaching In world's coffee mark
ets. Page 17-
Wheat higher on Kansas crop reports.
Page 17.
Stocks dull, but firmer. Page IT-
Bids are opened for delivery of rock at
Fort Stevens. Columbia Contract Com
pany secures the plum. Page 13.
Portland and Vicinity.
Shipowners trust rescinds differential tax
against Portland. Page 1-
District Attorney Manning slams down the
lid on North Fourth street. Page 11-
Counsel will argue demurrer on "closed
Sunday" cases In Circuit Court today.
Page 12.
Indian War Veterans are here to hold their
annual convention. Page IS.
Multnomah's taxable property would be in
creased millions if franchises were as
sessed the Seattle way. Page 12.
J. V. Beach Is re-elected school director by
a vote of 508 to 1- Page 10.
Carnival committee announces details of
big school children's fiesta parade.
Page 10.
Stylishly-dressed young woman caught In
act of shoplifting In local department
store. Page 16.
Oregon Development League begins Its an
nual convention In Portland next Thurs
day.. Pace 4. -
TV . i- fi
riff' ? - "A
E
E
Differential Tax at Last
Rescinded.
ACTION BY SHIPOWNERS' TRUST
Portland Now Placed on Equal
Footing With Puget Sound.
MEANS 30 CENTS A TON
Result Achieved Through Efforts ol
Chamber of Commerce Bar Tow
age and Cost of Removing
Ballast Absorbed Locally.
After maintaining; for four years wliat
has always been regarded as an unjust
differential of 30 cents a ton against Port
land on all grain ships loading; at this
port, the International 3ailing;-Ship Own
ers' Association has at last decided to
make the rates the same as from Puget
Sound porta
The union, which Includes In Its mem
bership the owners of sailing ships of
approximately 1,300,000 tons register out of
a total of about 1,700,000 tons available for
grain loading, met In Bremen, Germany,
yesterday, and agreed to equalize the
rates, providing grain ships loading at
Portland were exempt from pilotage
charge and from the old charge of 30
cents a ton for carting ballast away from
ships' tackle.
This Information waa cabled to E. W.
Wright yesterday by Secretary Follak, of
the union, with whom Mr. Wright, act
ing for the Chamber of Commerce and
the railroad companies, has been con
ducting negotiations for several months.
As the provision for which the union
stipulated had already been met through
an arrangement by whloh the O. R. & N.
Co. had agreed to take care of the pilot
age charge and the Pacific Bridge Com
pany of the ballast, the matter Is regard
ed as stled, and the new rates will take
effect In time for new season's business.
Determined Fight Succeedt.
The elimination of this differential is
largely due to the efforts of the Cham
ber of Commerce, aided by the O. R. &
N. Co. and the Northern Pacific, al
though all of the prominent exporters In
the city have at all times, by discriminat
ing against union ships wherever lossible,
contributed in bringing about the result.
Although the differential was levied
against the port four years ago. It was
not until last Summer that a determined
effort was made to have it removed.
The Chamber of Commerce and the rail
roads sent B. W. Wright to Paris last
October to meet the directors of the as
sociation and obtain from them specific
grievances on which they based the dif
ferential against Portland. These causes
were numerous, but some of them were
very old and out of date, so that Mr.
Wright was enabled, with the data and
credentials he carried, to adjust satisfac
torily everything except the bar pilotage
charge and -the charge of 30 cents a ton
for carting ballast away from the ship.
Neither of these charges prevails on
Puget Sound, . and the directors of the
union were Arm in their refusal to con
sider an equalization of rates until these
charges were done away with. They
agreed, however, that whenever Portland
would make them a definite proposition to
relieve grain ships of the burdens com
plained of, the differential would be re
moved. O. K. & N. Pays Pilotage.
The O. R. N. Co., which bad been
operating the bar towboat service to pro
tect Its grain trade, had for a long time
been towing a much greater number of
lumber vessels than grain ships, and was
accordingly averse fo continuing the work
under a free pilotage arrangement. The
O. R. tt N. did agree, however, to pay
to any organisation which would take over
the towing business the amount of pilot
age on any grain ships coming to this
port, and it was to take advantage of this
offer and thus insure free pilotage that
the Port of Columbia bill was passed and
the organization effected.
The Pacific Bridge Company then came
to the rescue with an agreement to han
dle all ballast from ships' tackle.
With these two sole remaining disabil
ities against which the shipowners com
plained removed. Mr. Wright was again '
gent to Europe In March, and after nu
merous conferences in London and Liver
pool, received a definite promise from a
majority of the directors of the union
that an equai;sation of rates would be
made' at the next meeting. This prom
ise was made at that time with the same
provision named tn the cablegram re
ceived from Mr. Pollak yesterday. It was
fully covered In a proposition submitted
for consideration at the meeting, but
since Mr. Wright's return some of the
enemies of the Port of Columbia bill have
written to the shipowners' union, endeav
oring to discredit the offer made by the
Chamber of Commerce and the railroad
companies.
On receipt of yesterday's message Mr.
Wright promptly cabled back that free
pilotage and no charge for ballast was
guaranteed all vessels loading grain at
Portland.
Portland's Enemies Defeated.
Mr. Wright, who has represented the
railroad companies and the Chamber
of Commerce since the beginning of
iConcludea an Pag 10.)
UNJU5TCHARG
SHIPPING F!
MOVED