VOL,. XL.VI XO. 14,603.
PORTLAND, OREGON, FRIDAY, SEPTEMBER 27, 1907.
PRICE FIVE CENTS.
X
y
OKLAHOMA WILL
E 11 STATE
Roosevelt Will Approve
Constitution.
'BUT DOES IT WITH WRY FACE
Radical Document With Strong
Partisan Bias.
BRYAN GAVE INSPIRATION
Overwhelming Vote In Its Favor De
cides President to Take Purely
Judicial View of Document.
"Why It Was Adopted.
E. L. FTITON'S PEAT ASSURED.
clslon of the President to approve
the constitution of Oklahoma re
moves the last doubt bb to the ad
mission of the new state and makea
certain the entrance of Senator
ITiilton hrrtlir. V.. 1.. Ftiltnn. na a.
democratic Member of Congress from t
tne new state.
WASHINGTON, Sept. r. (Special.)
President Roosevelt announced this af
ternoon that ho had decided to approve
the Oklahoma constitution, which means
that all doubt regarding: the addition of
another star to the National flag- is re
moved; that two more Democratic Sen
ators soon will take seats In the upper
branch of Congress: that four Democrats
and one Republican will be added to the
rolls of the House and that seven brand
Hew votes will he added to the Democratic
column, in all probability, in the next
electoral college. ' ,
. . Announcement that Oklahoma's consti
tution is to receive formal executive. ap
proval comes as a surprise to many of
those most directly interested, for the
tip had gone out that the constitution
Would be rejected.
Approval Only Technical. '
Undoubtedly it would have been re
jected, too, had the President felt free,
lifter consultation with his legal ad
visers, to act upon the merits of the
document as they appeal to him, or had
the convention's work not been so over
whelmingly ratifled by the voters of
Oklahoma and Indian Territory.
It was stated at the White House that
the tremendous majority for the consti
tution at the recent election was the
Impelling force. Furthermore, It was
pointed out that the executive judgment
was, generally speaking, confined to the
Question of whether the provisions of the
enabling act had been observed. The
final decision followed a conference with
Attorney-General Bonaparte this noon.
. Approval, as applied to the President's
action In connection with the constitu
tion, is technical and does . not express
the executive's real position. He does
rot approve of the constitution at all, but
simply signs his name in response to the
will of the people who must live under
It, for the reasons above stated.
Mr. Roosevelt's actual opinion of the
ronstitution, according to those who are
In his confidence, would hardly be fit for
publication.
Radical and Anti-Corporation.
The Oklahoma constitution was the
product of the joint efforts of .the Demo
crats and Prohibitionists, who combined
against the Republicans. It was intend
ed to be a radical, anti-corporation docu-ment-and
at the outset the framers went
beyond the limit In the restrictions it
was proposed to place on legitimate cor
porations. Feeling was such that lawyers
announcing their candidacy for election
as delegates to tne constitutional conven
tion had to relinquish railroad passes and
practically take oath that they were un
friendly to corporations. As finally put
into shape, the document is declared to
have been Inspired largely by William J.
Bryan. Out of 112 delegates to the con
stitutional convention, the Republicans
had only 13. ,
How It Came to Be Adopted.
Before the constitution was submitted
to the voters. Republican leaders In Coni
gress gave it out that the President
would disapprove it, and this tended to
Influence Republican voters in the terri
tory and to let It go by default. Later,
however. Secretary of War Taft. who
was consulted by the President, advised
against the view of the Congressional pol
iticians by pointing out that the Execu
tive prerogative was not political but
Judicial, and confined to judging whether
the proposed constitution conformed to
the enabling act and the Constitution of
the United States.
Then the administration began a cam
paign to obtain rejection of the constitu-'
lion by the voters. Mr. Taft spoke
against it at Oklahoma City last month,
and urged Republicans to get out and
vote to reject. There was a feeling, how
ever, that statehood might be. Indefinitely
s postponed If the present constitution was
rejected, which inspired thousands of Re
publicans to vote for ... The constitution
was adopted by a vote of 150,000' to 50.000,
while the Democrats elected their ticket
by a majority of about 30.000 only.
OBTAINS MONEY FALSELY
Charge Against Priest Who Opened
l'p Land Frauds.
TONY. Wis., Sept. 26. (Special.) Rev.
Joseph Schell, pastor of the local Catholic
Church, who claims to have opened up the
' Oregon land frauds by a letter to Roose-t-
'.elj,HWriUen.-.wb.Ue,- he, waa -paetor-of,- a.
BEGOM
church in the lumber section of the Paci
fic Coast state was today arrested upon
complaint of a local taxpayer charged
with having obtained money under false
pretenses from the local township offi
cials. Some time ago the Township
Board settled with John Fenne for al
leged Injuries to his wife who fell upon a
defective sidewalk and gave premature
birth to twins by giving him a certain
amount of cash and agreeing to pay ail
expenses.
The twins died and among the bills pre
sented to the Town Board and paid was a
bill of $10 for- attending the funerai serv
ices of the two children. After the bill
was paid it was claimed that the priest
never saw the children and had not at
tended the services. A local newspaper
started the prosecution by makinga pub
lic charge which was today followed by
the formal charge before the District
Attorney. The arrest was to settle the
charge.
The priest defends himself in an open
letter in which he says that he never put
in a' bill to the Town Board and never
secured any money from the Trustees and
accuses the Trustees and others of trying
to belittle his work. The charge follows
the efforts made by the priest to secure
a Governmental Investigation of a local
I xf-
- d
i
James ' Hamilton Lewis. Who Re
turns T-'rom Kurone With Predic
tion of Another Russo-Japanese
War.
bank failure which resulted in the dis
covery that the Wisconsin priest was the
same man who opened the Oregon frauds
and the frauds committed upon the In
dians in Nebraska a littles later. (The
Town Treasurer says that he has both
the order and the indorsed check of
Father Schell.
HARRIMAN LINES INDICTED
KATE LAW VIOLATED OX SHIP
MENTS FROM ORIEXT.
Southern Paciflc,'Pacific Mail, Har
riman, Stubbs and Schwerin
Are the Accused.
SAN FRANCISCO, Sept. 2fi. It was re
ported tonight that the Federal grand
jury has found six indictments in this
city against officials of the Southern
Pacific Railroad and Pacific Mail Steam
ship Company for violations of the rate
law. The Indictments are said to contain
140 rounts. and It is understood that E.
H. Harriman, J.' C." Stubbs " and R. P.
Schwerin of the Pacific Mail are included
among the officials named.
The indictments are said to be -based
on the charge that the companies have
brought shipments - from the Orient
through this city to Chicago at a rate
lower .than, the one published.
CONTENTS TODAY'S PAPER
The Weather.
TEfTBSDAI Maximum temperature, 69
degrees; minimum, 40 degrees.
TODAY Rain and cooler; southerly winds.
National. .
Governor Magoon arrests Cubans who con
spired to start - revolt backed by New
Yorkers. Page 5.
Roosevelt will approve. Oklahoma constitu
tlon. Page 1.
Attempts to prevent fleet's voyage to Pa
cific utterly fall, rage 3.
Roosevelt to' confer with Heney on land
fraud trials. Page 1.
Politics.
Roosevelt" expected to make final refusal o
third term on Western trip. Page 4.
McCarthy nominated for- Mayor by San
Francisco Labor party. Page 1.
Domestic.
Ezra Meeker's ox-team causes sensation in
Now York City. Page 4.
Standard Oil Company's enormous pipe-line
profits; device to evade rate law exposed.
v Page 3.
Chicago gets large sum from street railway
earnings. Page 3.
Greeks enraged at killing of brothers In
wreck, drive trainmen to hills. .Page TT.
Harriman has proxies tto defeat Fish, who
makes another attack. Page 1.
. Sport.
Upton disappointed at rejection of chal
lenge, but will send new one. Page 7.
Portland defeats Seals on local diamond,
10-6. Page 7. .
Pacific Coast. .
Borah trial begins to Involve Senator and
Steunenberg. Page 4.
San Francisco grand jury Indicts Harriman
lines and offclals for rebating. Page 1.
Eugene celebrates operation of electric rail
way. Page 10.
Washington State forced to increase taxa
tion to meet. Legislature's expenditures.
Page 6.
Seattle police confident Covington and
Burilson are In. Alaska. Page a,
Burglars believed to have started La Center
Are. Page S.
Commercial and Marine.
Wheat stronger and higher at Chicago.
Page
Stock market continues to decline. Page
Clan Buchanan is chartered for outward
loading of grain at 30 shillings for
March. Page 16.
Portland and Vicinity.
Woman creates scene In Mayor Thane's
office; attempts to blast his reputation.
Page 1. ,
Labor leaders say Bishop Thoburn mistakes
'Americans. Pege 12.
Klser photographs attract enthusiastic com
mendation. Page 12.
Dr. Rader and Senator Booth enliven con
ference with wordy clash. Page 10.
President Japanese Exclusion Order at
tacked by Federal Court. Page 16.
John Fox. of Rlifr and Harbor Congress,
addresses meeting at Chamber of Com
merce, Page IX, -
GARTHY
mm
BY
Dictator Is Nominated
for Mayor.
MAKES THREE-CORNERED FIGHT
Attempt to Persuade Ryan Not
to Run.
TAYLOR IS MAN WANTED
Good Government League Will Make
Effort to Secure Fusion on Him.
History of McCarthy's Rise
as Political Leader.
SAN FRANCISCO. Sept. 24t (Special.)
Amid a storm of applause and hoots the
Union Labor Convention tonight nomi
nated P. H. McCarthy for Mayor. As
soon as the nomination was assured.
Thomas A. Eagan, chairman of the Union
Labor County Committee, left the hall
followed by 30 delegates. At first the
McCarthy delegates were stunned by the
bolt but soon they broke forth Into fresh
cheers for their candidate. The nonil
natlori of McCarthy makes a three-cornered
fight practically certain. The Re
publicans have nominated Daniel A.
Ryan, and the Democrats at their con
vention next Wednesday night will nom
inate Mayor Edward R. Taylor.
Schmltz Said to Have Dictated.
The dictation to the Union Labor
convention to nominate McCarthy
came, it la claimed, from ex-Mayor
Schmitz at the County Jail, and this is
the reason advanced by Eagan and his
followers for their bolt. McCarthy is
president of the Building; Trades
Council, one of the largest two union
organizations in San Francisco. It
numbers a membership of more, than.
3i,hh; j'iSen.'Snd McCarthy "ct&irV t'i
all hf noeds to insure his election is
the support of, the members' of his
own organization.
McCarthy has practically been dic
tator in the labor movement in San
Francisco for 10 years. His power Is
stronger today than ever before. He is
exceedingly unpopular, however, out
side his own party. ,
History of McCarthy.
A dozen years ago McCarthy was a
carpenter employed at the California
Hotel. 'It was at a time that the labor
question was becoming an issue in
local politics, and some of the leaders
of the Democratic party took Mc
Carthy, wrote some speeches for him
appealing to the labor element and
sent him out on the stump. He made
good at the start. In a short time
McCarthy developed his own idea and
UN ON
LABOR
............................ ...................t
.M.SAIAt..M.tAsJlt.M.i.iA.J..A.WAAt.M.i..fit. ....., ..... . . . . . . . . . 1 . , I
i . .
bound the big labor element to him
self. He has risen rapidly until he has
become the labor dictator.
Three-Cornered Fight Denounced.
McCarthy was particularly close to
Schmitz during the latter years of the
felon Mayor's administration. McCarthy
has denounced Heney and Langdon from
the platform ever, since the graft investi
gation was set on foot. He has been a
consistent enemy of the prosecution.
The three-cornered fight for Mayor has
given rise to grave criticism by the con
servative element in the communfly.
Ryan is blamed for accepting the Repub
lican nomination when he could have
forced the fusion of the Democrats on
Taylor and Langdon. The Union Labor
mm t vi-.r
r
.1.1:1 A, I
Ml flM.
-r-'V
Mrs. Annie Besant, World's President
of Tbeosophlral Society.
convention adjourned without nominating
a candidate for District Attorney or for
the 18 places on the Board of Supervisors.
McCarthy . will -endeavor to secure a
strong candidate to oppose Langdon. The
Good Government League will make
strenuous efforts during the week, to in
duce Ryan to withdraw from the race and
thus make possible the election of Mayor
Taylor. '; v
BATTLE WITHJNSANE MAN
Miner With Throat Cut Gives De
tective Desperate Struggle.
SEATTLE. Sept. 26. .(Special.) With
his throat cut from ear to ear, Peter
Johnson, an insane miner, recently ar
rived from Nome, gave City Detective
Frank Clark? the fight of his life tonight.
The fight took place in Johnson's room,
and it was not until the landlord had
come in response to the detective's cries
for help that the insane man was over
powered. The room looked like a sham
bles and ail three men were soaked with
the blood which flowed in streams from
Johnson's wound. The man is in a hos
pital and it is expected that his death will
he only a matter of a few hours. Nothing
is known of his relatives here.
f
DEFEAT AWAITS
FISH
AT MEET NG
Harriman Has Proxies
of Majority.
PROBABLY BE KICKED OUT
Deposed Railroad President
Returns to Attack.
REAL ISSUE IN CONTEST
Says It Is: Shall Harriman Lines
Fatten on Illinois Central Ac
cuses Harriman of Making
Large Loans to Himself.
CHICAGO. Sept.- 2. (Special.)
All doubt as to the outcome at the an
nual meeting of the Illinois Central
stockholders of the war between the
Harriman and Fish factions was set
at rest today by an official statement
to the effect that President J. T. Har
nahan and Vice-President A. G. Hack
staff already have proxies for more
than a majority of the entire outstand
ing issue of stock. Mr. Harahan con
firmed this statement, but refused to
give the exact figures. When asked if
the Harriman' faction had 50 per cent
of the stock in .their possession and
in proxies, he replied:
"Oh, we already have more than that,
but f shall not give you any figures
on that subject."
Asked whether the four retiring di
rectors would be renominated, Mr.
Harahan replied: "I cannot eay as
to that."
. Those best acquainted with the sit
uation, however, do not hesitate to
declaro that the. annual meeting will
witness a dramatir fight, and .the ejec
tion of Mr. FlBh from the board of the
company Is expected. This will un
doubtedly be done, provided the Har
riman faction has sufficient proxies to
accomplish it. It will, however, re
quire more than a majority as the
cumulative system of voting pertains,
and, by concentrating all of his proxies
it is more than likely Mr. Fish will
be able to elect at least one director.
The directors whose terms expire
are: Stuyvesant Fish. E. H. Harri
man. John Jacob Astor and A. J.
Hackstaff, the last named having been
elected to fill out the term of the late
J. C. Welling.
Tonight State's Attorney Healy
stated that he had no Intention of
looking into the Fieh matter further.
"I understand," said he, "that Mr.
Fish had full authority from the board
to loan money to whom he saw fit and
when he saw fit.'"
FISH FIRES AXOTHER BLAST
Says Real Issue Is Shall Road Fat
ten Harriman System.
NEW YORK, Sept. 26. Stuyvesant Fish
tonight made public a reply to a circular
letter sent out on Tuesday last by Presi
dent . Harahan of the Illinois Central, in
which he declares the charges made by
Mr. Harahan were not new, but had been
published long ago and "each met by me
and disposed of."
But the one point at issue to he decided
by the stockholders of the Illinois Central
at the coming annual meeting Is now here
touched upon," says Mr. Fish. "That
issue Is this: Shall Illinois Central be
come a mere feeder and fattener of the
Union Pacific? ' Can any such perversion
of the purposes and opportunity of the
Illinois Central be profitable to the stock
holders? Will Illinois Central stock
holders submit to having all of their voice
Charles K. Magoon. Governor of
Cuba, Who Has Nipped Conspiracy
In the Bud.
and power In the management and con
trol of their property delegated to one
man. under the power of attorney plan
which Mr. Harriman has so adroitly used
to his own profit?" ,
Mr. Fish then quotes from the by-laws
of the Union Pacific to show how this
Harriman's Varying Excuses,
could be done and continues:
"A certain Interest does, however, at
tach to some of the specious excuses now
put out by Mr. Harriman and his finan
cial associates for my hiving been ousted.
And thera is also interest attaching to the
reasons why it has been necessary to
change and modify those excuses so
often
"The circular of September 24, which Is
fathered by Mr. Harahan, shows on its
face that it emanates from Mr. Harriman,
in that it contains precisely the same al
legations that he had injected into his
testimony before the Interstate Com
merce Commission last February."
Mr. Fish here quotes the reply to these
charges, which was widely published at
the time, and says:
Real Cause of Fight.
But the reason given last February by
Mr. Harriman for having turned me out of
the presidency of the Illinois Central was
by no means the only one which he bad
given". At the last meeting of the stock
holders of the Illinois Central Railroad Com
pany held on October 17. inon. Mr. Harri
man and his attorney. Mr. Cromwell, made
their fight solely on the ground that 1
would not consent to election Into the Illi
nois Central board of another director of
the Union 'Pacific-Southern Pacific system.
But when called to testify before the In
terstate Commerce Commission. Mr. Harrt
man could not stand on either the propo
sition that he had quarreled with me because
I would not add to the mion Pacific-Southern
Pacific representation In the . Illinois
Central board, or on the vague generalities
of the letter of November 7, 1906, which
he had caused the other directors to Join
with him in signing and handing to me at
the opening of the meeting of the board of
directors held on that day. Nor yet on the
statement that he was and had been the
principal owner of Illinois Central stoc,
because it had Just then been proved in the
hearing before the Interstate Commerce
Commission, that bo had sold his Illinois
Central holdings to the Union Pacific . in
July. 1006. Nor on the statement that the
Illinois Central had not grown and pro.
greased, as that was emphatically contra
dicted by the annual reports of that com
pany which were in the possession of the
commission.
Money Lent to Harriman.
Hence the necessity for him then to in
vent yet another charge, which he did by
trumping up an accusation against me In
respect to matters which hd happened
four years before, which were and had al
ways been fully shown in the books of the
company and were perfectly well known to
the directors of the Illinois Central Railway
Company in the Autumn of 1003 and again
in 11104 and for a third time In 1003.
Concerning the loan by him as presi
dent of the Illinois Central to Mr. Dres
ser, Mr. Fish says that it was made on
collateral which at the time was "market
able and abundant." After the failure of
the Dresser firm, the collateral was sold
at a loss, "but," says Mr. Fish, "If my
personal enemies can only "claim that
they caused the company a single small
loss in respect to the millions, I might
say hundreds of millions, loaned In the
meanwhile (more of it to Mr. Harriman
than any other individual). I am content
to let the matter rest there. It Is need
less to add that on no other loan made
by nie. and of course on none to-mo, did
the Illinois Central Railroad Company
ever lose a dollar. He continues:
Nor need I refer to the so-called Invest
ment in July. 1W6. by Harriman and bis
associates of about $130,000,000 of the
money of the stockholders of the Union Pa
cific in the purchase from him and them
of their securities which have in the mean
while, depreciated by some $25,000,000.
more or lees.
Original Cause of Quarrel.
But as the Union Pacific party has seen'
fit to go back Into the ancient history ot
the Illinois Central, I may as well say now
as at another time, that my differences
with Mr. Harriman and Mr. Charles A.
Peabody, who were then, as now, also di
rectors of the Union Pacific, began in 1904,
when they sought to have the board of
directors of the Illinois Central Railroad
Company delegate the powers vested In I!
by the charter to an executive committee
and offered membership therein and the
chairmanship thereof. This I prevented.
Then began the large purchases of Illinois
Central shares by or through Kuhn, Loeb
& Co.. which were secretly turned over
to tbs Union Paclf io ' In July, 1908.
CREATES SCENE IN
'S OFFICE
Woman Attempts W
Entrap Lane.
MALE CONFEDERATES AID HER
Bold Plot to Blacken Chief Ex
ecutive's Reputation.
PLAN ALMOST SUCCEEDS
Screams of Mrs. Belle AVaymcier,
Former Restaurant Waitress,
Bring Others Besides Friends
Who Were Concealed Near.
Mayor Lane's private office, on th
sixth floor of the Hamilton building, was
the scene of a sensational episode last
night at about 6 o'clock, when a woman
who calls herself Mrs. Belle Waymeier,
after gaining admission on pretext of
having an innocent mission, sought to
place Dr. Lane in a compromising posi
tion by throwing herself upon him and
tearing opefT and disheveling his gar
ments. The woman at the same time gave
vent to piercing screams, apparently as a
signal to two men.' evidently accomplices,
who were lurking in the hallway, as well
as to alHrm the other occupants of the
building. The two unknown confederates
Immediately broke down the door lead
ing from the hallway Into the Mayor's
rooms, but Janitor Best and others were
also attracted by the outcries of the
woman and entered at the same time as
stairs with her two friends.
Seen in Violent Struggle.
All saw the Mayor engaged in a vio
lent struggle with Mrs. Waymeier. He
was demanding, loudly that she release
hiro,and had managed to get hold of,
one of her arms. With the other arm she
still had a firm hold on him. The
woman suddenly released her fcrasp,- on
the appearance of the outsiders, and in
the excitement disappeared down the
salrs with her two friends.
Her purpose In having the remarkable
encounter with Dr. Lane was evidently
to blacken his character. Her two com
panions were at hand, it would seem, to -be
witnesses to an apparent attempted
assault on her by the Mayor. Others
were to ke called in after the three had
successfully carried through their scheme.
The prompt arrival of Janitor Best and
other spectators at the same time as the
two male accomplices rendered the plot
abortive.
Little Known of Woman.
Little is known of the woman, in the
case except that from April 27 to June
28 last she was employed as a waitress
In the Washington-street restaurant of
the Hazelwood Cream Company. Abso
lutely nothing is known of her confed
erates, save that they had been seen
frequently of late lounging around the
sixth floor of the Hamilton building, and
had aroused the suspicions of the ten
ants. Dr. Lane has submitted the facts
in the case to Chief of Police Grltz
macher, who has detailed officers to
search for and arrest the participants.
So far the police have discovered noth
ing. The account of the episode and . the
eyepts that led up to it, given by Dr.
Lane, indicates that the plot was care
fully laid, and that the schemers had
been carefully developing their plans for
the past six weeks. Beginning by calling
at the Mayor's office at the City Hall to
Interest him in the recovery of her child,
which the woman said was In Kansas,
Mrs. Waymeier had sought to enlist his
sympathy and gain access to his office
so that she and her confederates might
besmirch his reputation.
How Trap ATas Laid.
'With a desire to assist her as he best
could Dr. Lane fell a victim to the
woman's wiles. So deserving did she
succeed in representing herself that Dr.
Lane offered to give her a letter certify
ing that sue was a worthy woman. This
letter, she said, was to be used as her
credentials In going East after her child.
That she did everything possible to carry
out her plot Is shown by the fact that
Mrs. Waymeier endeavored to get the
Mayor to come to her house and give
her the letter. This he refused to do.
and then the scheming trio evidently de
termined on yesterday's startling attempt
to entrap him in his private office.
"Six weeks ago the woman giving her
name as Mrs. Waymeier first came to my
office in the City Hall," said Dr. Lane
last night. "She told me that she sep
arated from her husband, a circus per
former, in Kansas. She had given her
5-year-old child to him, she said, but now
longed to regain possession of it. Her
first request was to know If she could be
prosecuted here if she kidnapped her
child, which was with her husband's par
ents, and brought it here.
Gave Her Good Advice.
"I advised her not to do so, but told
her that I did not believe that a court
would separate a mother from her
child if she should gain possession of
It. The woman went away, but came
back and told me she had decided to
give up the child. Later she came
again to the City Hall and said she
was determined to regain the child.
"All that I knew of her was that
MAYOR
Concluded on Page . 5.