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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Jan. 29, 1908)
I THE 3I0RXIXG OREGOXIAX, WEDNESDAY, JANUARY 29, 1908. FRANCIS J. HENEY ATTACKS SENATOR FULTQN IN PUBLIC ADDRESS ON "GRAFT" (Continued from First Page.) you to render decisions as a member o the Supreme Court that are satisfactory to .the railroad orpo ration or you will not bo nomi nated next time." No man tn Oregon can now way, I want you to vote as United States (Senator as the railroad desires, or you will ot be elected by the next Legislature;" be cause under the direct primary and Statement 2fo. 1 your United States Senators have their ears to the, ground, watching to see what tha people of the state want, whereas before you had the direct primary and Statement No. 1, they said, "The people be damned, what dos the railroad want?" (Applause.) But we will come back to that presently. There are other cheerful subjects I wanted to discuss tonight. In the first place, I am an optimist In re gard to the political affairs of this country. I believe that conditions have been Improving morally In the country, in business as well as In politic, from the day that Theodore Roosevelt became your President, (Applause.) And I think they will continue to improve until Bill Taft goes out of office as President. ' That may sound funny coming from an old Jine. old-time Democrat, but I can't help it If Theodore Roosevelt and BUI Taft have be come Democrats In principle. (Laughter and applause.) I am not going to refuse to sup port them on that account. Land Conscience-Hardened. Now the fact Is that when I came hers in Xmember of 1903. I found that in Oregon thrre existed whst some magazine writer de nominated the Land Conscience, and by that he meant that there was a prevailing senti ment throughout the State of Oregon that It was rieht. at least Justifiable, to commit per jury, provided you commited perjury merely In securing a homestead under the homestead Isws. or in securing a timber claim under the timber and stone act. Now as a matter of fact there was? some such sort of senti ment prevailing to a considerable extent, to jruoh an extent that I recollect hearing that a vry prominent , attorney of this city and state made a speech. I think it was at a. prayer-meeting, at which he advocated some axirt of an expression of public disapproval- of the land-fraud prosecutions, upon the ground that the timber industry is one of the great est Industrie of Oregon and that under the law as It stand? at present it Is not posslblev or waa not possible I should not say as it Stands at present, because the Supreme Court of the United States has decided the Will iamson case (laughter): I should have said as It stood before that court got tihat new light on the subject that it was . Impossible for a b:g lumber company to do business unless they violated the timber and stone act. There was no law under which they could acquire more than luu acres of land, and that an the law did not authorize anybody to ac quire more than 160 acres of land, and they C"uld not build up a trust In the lumber business on 160 acres of . iar.d, therefore It must be right and proper to violate uhe law, even though that required the commission of wholesale perjury. It seems singular that such a doctrine could be preached by a prominent lawyer in a church. The same doctrine had been preached by the same gentleman to me pri vately and by several others who were with him. Subsequently I discovered the interests of some of' the others, because some of their associates, intimate associates. I found, were mixed up In these land-frauds, and they be lieved that it was not a good thing to prose cute them. Registers and Receivers Corrupt. That suppceed Land Conscience now arose in this way: Tour Registers and Receivers throughout this state were Instructed to cross-examine every applicant for a home stead and find out whether he actually had lived upon the land during five years and made it his home to the exclusion of any other place. Our Government had adopted a beneficent policy of allowing each and evry newcomer and there have been 27, WG new comers I understand in the State of Oregon during the past year to take up a piece of land, and to acquire the ownership of It by merely living upon it. cultivating It and making It his actual bona fide home. " If he was so poor that he had to go off to work and come back to It again, that was all right; we wanted to help him to make a home; we were willing to permit him to do that. But what was the consequence? That lumber companies wanting timber held out the inducement ib employes, to any man who came along, that he could go into ao Im merse forest where it would be Impossible to think of such a thing aa cultivating the Id nd for farming purrxiscs. put up a shack loxlJ, visit it ouce In six months in the Sum mer time, go there perhaps and Btay a couple of days for a fish, on a fishing expedition, if there was a stream near by. That waa all. And tht-n when five years had passed around go before a Register and Receiver and tes tify in answer to the question, "When did you fint establish actual residence there?" such a dntc. the date that he put this cabin up. ""Have you resided continuously upon the land ?" "Yes." "If you have been off the land at any time, state when' and ex plain why." 'Nevtr for more than six months at any one time, for the purpose of making a living." That is the stereotyped answer- Gotten up by whom? Gotten up by corrupt Registers and Receivers; gotten up by men put into those offices by the recom mendation, aye, by the insifrtanee of your Vnlted States Senators. Gradually as men would come in who had made some sort of a half-way residence upon the land and they would say. "Why, no, 1 was off the land for over a year;" or. some man would say, having his wife with him and not wanting- his wife to know that he would purjure himself for a miserable piece of land, "Why, no, l can't CKy that I lived on It continuously; I had my home in town. My wife was out there om e or twice or three times or every six ninths with me, and slept in the cabin over li'Rlit, but that Is all that I made It my h.ime." And the Register or Receiver, or his clerk would say. "Oh, you must not make ihot answer you can't get the land If you make that answer. You should say, Yes to that answer. 1 resided continuously upon J n inna. me man would think i Here the electric lights went out and the si-oHkor continued in the darkness), why, this of rkc r who Is authorized to ewear me, to take my oath and take my testimony, cer tainly he must know what is right; it can't be that he would be advising me to com mit perjury; although right on that very Hunk upon wbJch the answers were being written was a printed requirement that the rf fleer Kh.mld advise the applicant that he would be prosecuted fnr perjury if he made a tils statement to these questions, and al thnuch each and every Register and Re ceiver had In his possession special instruc tions insisting that he should cross-examine the applicant and his witnesses to make aure if the bona fides of his residence there. I wonder if somebody told the light and px-er company that I Intended to discuss public service corporations tonight. Pro longed applause and lat.ghtcr.) Never mind, when I reach that subject I will throw so much light on It that you won't need theso lights here. A member of the audience t hope you hit tl'.p fas light company too. Mr. H-n--What Is that? Same party I hope you will hit the gas light company too. Mr. Herey Oh. we will take Hhem all in. Now thtn, whope fault in it If there grew up among the people this feeling, this sense of security in the commission of Hm, one of the worst crimes In the cal endar, tno. perjury a crime that has be come mr common than any other that !s committed in thi counrrv? I want to sav. mid. sav it with duf deliberation, that in my exnerience a an attorney it Is rarely that 1 have cen a case tried, either civil or criminal, in which them was not per jury committed upon one side or the other, and frequently upon both. That Is a shock ing statement to be compelled to make. It Is high time we called a halt. We need a little bit of reform in .our method of selecting officers, or the halt won't amount to much, because, over and beyond iho Xa-t that these Registers and Receivers were willing to do this, and I am sorry that it may give it a personal tinge that John Hall happens to be on trial at the present time, but it is nec essary to let you realise where I think the greaten blame lies; u la necessary to state the facts. rd Honest District Attorney. It cms to me that an aggressively hon est District Attorney, either in your state or in jour Federal iiovernmenu can com very near stopping the genert commission of crime, and can set an example that wili at lca.t during his term of office keep "rime from growing ApplaU5e.) These offenses of homesteads being taken- ud by the hundred and by the thousand and I am advised that as a matter of fact out side of the State of Oregon where home steads are being taken up today the proofs that are going through the General Land Office show the stereotyped answers in about 90 per cent of the homesteads that are passed today, showing that as a matter of fact the public land, or what little Is left. Is being gobbled up, not by bona fide hdmeseekers. not by the people whom you want to come to Oregon in order that Or egon may become more thickly populated, and In that way the business of this state grow, but by men who are taking this land up for the benefit of some coloration; I say that that could not have crown ud except for the fact that there was a pros ecuting officer who In his heart approved of it. How does It happen that all throughout Wyoming. Montana, the Dakotas, Nevada, Idaho, Oregon, California, Government land has been fenced up by the thousands of acres? How does It happen that throughout all -those states timbered claims are taken up by the hundred and by the thousand fraudulently ? How does It happen that in all these states this same class of homestead proofs has be come common? The Css of John H. Hall. I will tell you, my friends, bow It hap pens. The District Attorney in each one of those places, the United States Attorney. Is selected by political pull; the Senators and Congressmen are usually on the most Intimate friendly terms with the corporations that are being benefited. The result Is these District Attorneys inave remained passive, have not taken any action, and. while they have known that these thousands of homestead proofs were being made la this way and per jury being committed by the wholesale, and these timber claims taken In the same way; while they havs known that, they -have failed to take action. Just as tn the case now on triat. It appears that the attention of Mr. Hall was called to the fact that In March of 1900 20.000 acres of land were under one fence In Wheeler County by the Butte Creek Land, Livestock & Lumber Company, and from March 24, 1900, down to October, 1903, complaint after com plaint waa made to Mr. Hall about that fence, and a complaint about every montlf" was made to him, and the man who made the most of these complaints came down here and saw him and told him about It, and a map was sent to him outlining It to him. and so forth; yet nothing was done. The small stockmen up. there 'complained that they were not allowed to use that range. As a matter of course It was his duty to proceed. He didn't proceed. "Why? No, solely because he wanted to Influence the vote of Steiwer for United States Sena tor, but largely because John Hall did not want to antagonize the cattle men of this state, who, throughout Eastern Oregon, were fencing up thousands of acres ; largely be cause politicians of influence were interfering fn prosecutions. Senator Fulton and His Latter. And that reminds me that Senator Fulton published a letter here not lcig ago in which he demanded that I should make good the In sinuations which I have made against him. Well, I don't know whether you wlH think that I have made good or not -when I have finished, but I think you will at least agree with me that Senator Fulton, when I have finished with him tonight. Is In about the condition that the man was In who was In a railroad wreck. This man was In the Pull man car, and when he woke up and found he was In a wreck and that hta car was turned over, he pulled on his trousers In a Slurry and he got them on wrong side fore most and somebody finally belped him out through the window, and when they got him out there they crowded around him and asked: "Are you hurt much?" He looked himself over and he said: "No, I don't think I am hurt much, but I am darned badly twisted." (Applause.) Now, I am going to see in can't twist Charles W, just a lit tle bit, and I am going- to confine my state ments to facts, which 1 am prepared to prove by documents that are right here in this paper bag envelope. (The lights here came on.) I am glad of that light, because I want to look you In the eye while I talk about It. I won't take the time to read papers to you tonight, because I am. afraid some of you will think you actually are attending religious services and you may go to sleep on me (laughter); so I will give you the substance of what Is in these papers, and If Charles W. Is not satisfied with the substance, he can nave the letter. Not Campaigning Against Fulton. I am not making a campaign to defeat Fur ton for the United States Senate, but I feel this way about IJ: While acting as ygur United States Attorney by virtue of appoint ment by the late Judge Bellinger, who was one of the finest men I ever met in my life (applause), a man of unswerving Integrity and high principle I say that while acting as United States Attorney, appointed by him to fill a vacancy. I came Into possession of cer tain information In regard to Mr. Fulton. Mr. Fulton Is a public servant of the people of Oregon. If Mr. Fulton had not challenged me to produce this evidence, it was still my Intention to do so before I left- Oregon for the last time, because I believe that the peo ple of Oregon are entitled to know all that I learned while acting as your servant. (Ap plause.) If that defeats him for the United States Senate, I shall be glad of ft (ap plause), because I don't want to see success ful crime in public office. (Applause.) I don't want to see the man who prostitutes his public office continue to fool the people. I want to see the people turn film down Jf he Is wrong, if he has committed crime. If he Is morally a bad man, I want to see him turned down in this country as quickly and as readily as he Is turned down In England. (Ap plause.) And you all know that Charles Stewart Par nell. who was the greatest organiser that Ire land ever had, when he had Just about ac complished the object of his ambition to have Ireland freed, was defeated, because It was shown that in a matter that had nothing to do with his public duty, a matter, however, that the Knglish people insist, when, once exposed, shall put a man out of public life. Immorality It was. Charles Stewart rarnell lost his usefulness. If the Fmglish people, who have only a form of self-government, . can insist that no man shall continue to hold public office who has disgraced them, then 1 I say that surely this Intelligent American people, this people that thinks it is the most Intelligent In the matter of self-government on earth, cannot afford to let Its public serv ant be re-elected when it knows that he has betrayed trust after trust, that he has done things as a publlcv servant which are a dis grace to him and a disgrace to the people whom he represents. (Applause.) What Senator Fulton Did. Now, what did he do? Well, we will start back, tn order to give him a good running, to 1M7: and mark you. I only came to Oregon In November, 1903; the Lord knows what his history Is back of '97. In 189" they had what was known as the hold-up Legislature, and I regret that it is necessary to bring the name of John H. Mitchell into this at all, because, as we all know, he is no longer liv ing: but he was a public man and a public official at the time, and it is impossible to tell the story and make It Intelligent without naming him, and, therefore. I will name him without any squ earn tshn ess. That hold-up Legislature, you all know what it was; Mitch ell was a candidate for the United States Sen ate; Fulton was there and was known I mean Charles v. Fulton now he was there as a member of the Legislature, and was known as Mitchell's sack-holder and distributer of funds; at least, I have the affidavits of four or five people In this envelope stating facts in rela tion to that matter. One of them I don't think you can go to sleep with this light, so I am just' going to read, not all of these papers, but just a little of them. (Laughter.) Mr. Heney then read the following affi davit: A. W. Mead's Affidavit. State of Oregon. County of Multnomah: Absolom W. Mead, a cltisen of the United States, being first duly sworn, deposes and says: , I am M years of age. I was present in Salem during the session of the Legisla ture, which waa known as the "hold up" Legislature for the reason that a great many of Its members refused to take part in the organization of the Legislature, for the express purpose of preventing the l e lection of John H. Mitchell as United States Senator. It was generally understood that there were two organizations in the House, one cf which recognized Representative Davis, of Umatilla County, aa speaker, and the other (recognized . Frank W. Benson. of Douglas County, as speaker. Benson repre sented the Mitchell faction. At that time -I was .emnloyed at tha Portland Flouring Company's mill at Sa lem, and the Chief of the City Police. Ad dison Dilly, offered me a position as special policeman, and I accepted it. I found that eight other men had been appointed by him to the same positions. The names are Tom McNary. Frank Farreli. James Per rine. Bert Savage, George Townsend. David Barrett. Ed Arnold and David Scott. We learned very soon after we had been sworn in and commenced work that we had been employed for the purpose of aiding the Mitchell wine; to take and maintain posses sion of the House of Representatives of the Legislature, by force If necessary. We were so informed by the Chief of Police, and we were Instructed to go there before the opening hour on a certain day and to pre vent Davis from taking the Speaker's chair, by force If we could not accomplish this result In any other way. We all went to the House at the appointed time and when Davis attemcted to take the chair we all got In his way. and Tom McNary and the sergeant-at-arms of the, Benson faction. W. E. Murphy, stepped in front of Davis and told him that he would not be allowed to take the chair. Great excitement and con siderable discussion followed. A pistol, which I had in my pocket, fell out on the floor in full view of members of the Davis faction and others who were atandinx around, and I picked it up and replaced it in my pocket. All of our party were armed and most of them, to my knowledge had pistols, and some had both clubs and pistols. The discussion ended by Davis agreeing to ad journ for want of a quorum as soon as he took the chair, and to then permit tho Mitchell -faction to take possession and hold a meeting. We received Instructions from Benson to permit Davis to go ahead, and we did so. Our party had been taken Into -the House before the hour for the meeting of the Legislature, and had been stationed around the Sneaker's desk tn such a man ner that It was Impossible for liim to reach It without breaking through our party. The day after this occurred we were in formed by the Chief of Police that we must look to the Mitchell faction for our pay for our services, and that the Wity of Salem had nothlnx to do with It. We had heard this rumored for several days before we stopped Davis from taking the chair, the wav I have stated, and we all under stood at that time that we were really in the employ of the Mitchell faction and that we were to do all we could to help secure and maintain possession of the House' for it. After the Chief told us that we were to look to the Mitchell faction for our money, I went up to see Charles W. Fulton at the Mitchell headauarters to collect the pay for myself and several of the other boys. I went to Fulton because It- was common rumor that he was managing Mitchell's campaign, and was handling the money, and I was told to go there. Before going there I had learned that McNary and Far reli had been paid $10 a day for holding possession of the session chamber of the Senato during the night between sessions, and Fulton wanted to pay us only $5 or $3 a day apiece, and I held out for $10 a day each, but he refused to pay that much, and finally paid me either $5 or, $6 a day for myself and for each of the others for whom I waa collecting. ABSOLOM W. MEAD. Fulton Bought Up Votes. Now the only Important point Is that Mitchell and Fulton, and Fulton acting as his manager, were using the Chief of Police of Salem in this little mix-up In purchasing the Legis lature, and that Fulton was handling the sack, paying out the money. Now let us see' if he was handling the sack for any other purpose, and in order that there may be no question about what my evidence is on the subject, I will read you one more affidavit which will show you that Fulton was handling the sack, purchasing the members of the Legislature to go In and vote for Mitchell. He may think that Is not cor rupt; I don't know; perhaps it Is somewhat like the Land- Conscience In Oregon; possibly they had been doing it so much at that time that Fulton got to think it was really all right, like the six months visits to the home steads: J. 8. Smith's Affidavit. "J." S. Smith, a citizen of the United States, being first duly sworn, - hereby de poses: "I am 40 years of age, have resided 13 yearn in the State of Oregon and am now occupy ing the position of Assistant Warden at the State Penitentiary at Salem, Or. In June, 1896, I was elected a member of the Oregon Legislature to represent Linn County. Out of a total vote of 4fi00 I received 1900 votes as the Populist candidate, there being two other candidates, one each on the Democratic and Republican tickets. The Legislature to which I was elected was known and Is still called the 'hold-up Legislature. for the rea son that a great number of the members of that body persisted in holding out from at tendance at the session, with the express pur pose of preventing the re-election of John H. Mitchell aa United States Senator. An or ganization was effected in the Senate by the election of Joseph Simon as President and a form of organization was attempted to be effected In the lower -house by two rival bodies, one comprising the supporters of Senator Mitchell and the other consisting of his op ponents.' The latter body elected Representa tive Davis, of Umatilla County, as Speaker, and the former group chose H. L. Benson, of Doug!as County, for Speaker. "The Mitchell supporters attempted to hold dally sessions by having roll-calls, which were responded to by the Mitchell adherents In botib houses. It required 46 votes to elect M itchell, but the crowd headed by Benson were never able to muster that many mem bers at any roll-call, and the session ended without any result whatever, insofar as the election of a United States Senator was con cerned. The most desperate efforts were made by the Mitchell men to secure the requisite number of votes, offers of money and positions being the commonest means employed to ac complish this purpose. The present United States Senator from Oregon, Charles W. Ful ton, 'was the leading manager of the Mitchell forces and personally, assisted by Mitchell ihimself, offered various sums of money In order to Induce the legislators who belonged to the Davis wing of the lower house to at tend sessions of the Legislature an- vote for the election of John H. Mitchell for United States Senator. Mitchell Had a Sack. 'It was currently reported at the time and. In fact, was regarded as an undisputed cir cumstance, that Senator Mitchell had at his disposal $35,000 with which to secure iMs re election; furthermore. It was apparent to every one who had anything to do with this so called 'hold-up Legislature that Charles W. Fulton was the leading distributer of money for Senator Mitchell. "At a point which I fix as about the middle of the legislative session, one James Powell, of Albany, Or., came to me wnile I was seated in the session chamber of the House of Representatives and introduced himself to me as a Linn County Republ lean who had voted for my election as Representative. We had a short conversation, which was renewed when I left the house at the noon hour to go to lunch at the Salem Hotel. Powell accom panied me to the hotel and! on .the way there informed me very frankly that he had been sent for by Senator Mitchell and the latter's lieutenants and commissioned to induce me to attend the legislative session and vote for Mitchell. Fulton Offered Smith Bribe. "Powell mentioned the fact to me that Mitchell and his managers had plenty of money to give to those who would assist in breaking up the 'hold-up' by attending the sessions and voting for Mitchell. He also stated that Mitchell himself desired to see me personally at the Willamette Hotel, which was the Mitchell headquarters. Powell added that there was something In it for him if he could get me to do what I have outlined above. I arranged to meet Powell that same evening anddld so. He accompanied me to the Willamette Hotel, where I was met In the large reception room where Mitchell and Fulton held forth. As soon as I entered the room Mitchell and Fulton invited me Into an adjoining smaller room, where they urged upon me the induce ment that I owed it to my own future career to attend the legislative sessions and stand with them. Fulton said to me. in Mitchell's hearing and presence: I will give you $3000 and pay you $1300 of that amount down right now if you will go into tha House tomorrow and make a speech explain ing that you think there has been enough of ' this delay and urge that the members take action and vote for Mitchell for United States Senator. t prior to this interview I had conferred with the leaders of the ani Mitchell legislative wing, namely with Jonathan Bourne, Joan C. Toung of Baker City, state chairman of the Populist party; SALIENT STATEMENTS MADE BY MR. HENEY. That John H. " Hall and Edwin Mays failed to prosecute the Claude Thayer land-fraud case. That Pierce Mays waa fn the em ploy of Claude Thayer. That the indictment of Burke and Gosslin was In the interests of the Northern Pacific Railroad. That Senator McBride interested himself In Burke and Gosslin's be half at the requess of C. W. Fulton. That the cause of xnunictaal cor ruption lies in special privilege. That public-service corporations go into politics to get special fa vors. That the people will have corrupt government until they get the public-service corporations by the throat and make them keep out of politics. Frank Williams, of Portland, Or., then member of the executive committee of the Populist party, and with various other of my fellow members of the Legislature, in cluding H. L. Barkley, Republican Repre sentative from Marion County and now bishop of the United Brethren for the Pa cific Northwest, on that same day, and sub sequent to . the talk the aforesaid James Powell had had with me; and I had declared my intention to my political asso ciates of accepting the proposed bribe in order to furnish a clear case of the methods that Mitchell and Fulton were pursuing to procure the re-election of Mitchell.) "Mitchell added his assurance to that of Fulton. I remarked, 'Well, yon have this man Powell here who has already talked to me and you can arrange the paying over of the money with him.' - Money la Paid ever. - "Mitchell and Fulton acceded to this and I left their headquarter and went down stairs to the lobby of the hotel, where I was joined In a few minutes by James Powell, who took me aside and handed me two packages of greenbacks, one containing $1000 and the other containing $5O0. I had hardly got through with Powell when Mitchell, who had followed him down stairs, came up to me and took me by the arm and said: 'We have $35,000 and the boys who are training with you can have all of it if they will do as you are doing and come In and vote; the cab out here is at your dis posal to get them here tonight and see us; we want them, to vote right tomorrow morning. Fulton Demands Money Back. "The next morning, in place of attending the session, I stayed around in the lobby or the Statehouse in company witkt my po litical associates of the Davis group. When the rollcall.had progressed to the point where the reading clerk called rnlth of Linn he had to repeat the call, but without result. I vai not there to respond. Charles W. Fulton rushed out from the House into the lobby and approached me in a hurried manner. Fulton said to me, 'Aren't you going in this morning? I answered, 'Going In where?' Fulton said, 'Into the session this morning.' I replied, 'Not on your life. Fulton then exclaimed, .'You give back that money then I said, 'I will never give., back a cent of it Fulton then became threaten ing in his manner and gesticulated forcibly. He said. In quite a loud tone, 'Then look out for yourself personally Fulton's manner was such that it attracted the attention of a number of legislators and others in the lobby (among them being Walter Lyons, afterwards private secretary of Governor T. T. Geer and now editor of the Independence. Oregon, Enterprise, and H. L. Barkley). Fulton noticed that a crowd was gathering and began to retreat towards the House session chamber. I followed him-up to the door and proposed to him that he and I. In order to settle the matter, should slgr a joint statement setting forth nothing- bift the actual facts of the bribery attempt, an publish same in the Salem Journal. Of siUon b WUld DOt areai my propo- ",I became an 'applicant for the position of Warden of the State Penitentiary of Salem Or., .immediately after the election of the present Governor. George E. Chamberlain. My application was Indorsed by such men as John B. Waldo. ex-Chief Justice of the Supreme Court of Oregon. Jonathan Bourne State Senator W. R. Bllyeti. Hon. J. K Weatherford. Bishop Barclay and many others, and I was appointed under date July 1, 1903. Charles W. Fulton had been elected United States Senator in February. 1603, and attempted to prevent my appointment by rep resenting the before described fact of at tempted bribery In a false light to Governor Chamberlain. The result was that Governor Chamberlain made a persona! Investigation of the matter, inquiring as to the facts of Jonathan Bourne, Jifan C. Toung, Frank Wil liams, W. S. U'Ren, of Oregon City, Or. and others. The Governor stated, in "sum ming up his view of the matter after com pleting the investigation, that I had been guilty of no moral turpitude and was worthy of receiving the appointment asked for. I was accordingly appointed. (Signed) ' "J. s. SMITH. "Subscribed and sworn to before me thia 23d day of January. 1906. "Thomas B. iNeuhausen, Special Inspector, Department of the Interior." Bishop Barclay's Affidavit. Mr. Heney then read the affidavit of H. S. Barclay; "H. L. Barclay sworn, on oath says: I am Bishop of the United Brethren for the" Pacific Northwest (my dlocease comprising Oregon, California, Utah. Idaho. Washington, Montana and part of British Columbia) and reside at 403 Prescott street, Portland, Or. "I was a member of the Oregon Legisla ture which convened In January, 1897. at Salem, Or., and I am personally acquainted With J. S. Smith, who represented a portion of Linn County. Oregon, in that Legislature. I was chairman of the Committee on Cre dentials of the House and in that capacity rendered every aid possible, in conjunction with 25 or more othert members with whom I affiliated, to defeat the ft-electlon of United States Senator John H. Mitchell. The lat ter was aided by the present United States Senator, Charles W. Fulton, acting as his lieutenant and manager. In his efforts to Induce the body of Legislators with whom I was associated to organize the House for the purpose of his re-election. This I and my colleagues strenuously opposed. After the eo called "holdup," lasting about 60 days or more, the Legislature' adjourned without elect ing a United States Senator, thus accomplish ing tha defeat of Mitchell. "During the course of the Legislature ses sion above mentioned Charles W. Fulton and Senator Mitchell both, according to well founded report at the time, sought to bribe the voters of certain members of the Legis lature, among them being the before-mentioned J. S. Smith. I recall distinctly the fact that said J. S. Smith told .me during the course of the session that Fulton was of fering money for votes, and that be Intended to 'call bis bluff I advised Smith not to engage In his proposed undertaking, but he gave me to understand that he intended to go ahead with it, A day or two there after Smith informed me that he had been raid f 1"hm or thereabouts by Charles W. Ful ton, with the understanding that he (SmlthA should go into the House and declare himself for Mitchell. "I waa & witness to the altercation which ensued between said Smith and Charles W. Fulton when Fulton demanded the return of the money which he had paid Smith, on Smith's refusal to xo into the House and 'de clare himself in favor of the re-election of United States Senator Mitchell. H. L. BARCLAY. Governor Chamberlain's Statement. , Governor Chamberlain I have talked with about this matter. He has not made an affidavit, but I suppose his word will go without swearing to It. and here la what he told roe: "Some time after I had assumed the du ties of the office of Governor In January. 1903, and while I was considering the ques tion of appointing J. S. Srndtlr. of Linn County, Oregon, as one of the officers of the State Penitentiary. Senator Charles W. Fulton came to me during the session of the Legislature of that year, and entered a protest against the appointment of J. S. Smith. Fulton urged as ground for my declining to appoint Smith, that he (Ful ton) had been present at--an Interview be tween Senator John H. Mitchell and J. S. Smith In Salem.- Or., during the Leg islative session of 1S97. and that at that interview Smith had been paid $1000 or thereabout or was paid such a sum Imme diately after tnat Interview). This sum, according to Senator Fulton, was paid with the nrtrrual understanding that Smith, who waa a member of the Legislature at the a of -at- I united States Senator Mltcbjell. should tend the session and break the "bold up by helping to make a quorum and declaring himself in favor of Mitchell's re-election. The particular point that Senator Fulton, curiously enough, mae with me In regard to this transaction was, that Smith was ab solutely unreliable because he had agreed to be bought and had refused to 'stay bought. v Fulton to Blame. "I told Senator Fulton that It looked to me as though the entire affair reflected very little credit upon any party to the transaction and that, if anything, the par ticipation of Senator Fulton and Senator Mitchell In the deal was considerably more subject to criticism than that of J. S. Smith. I had instituted an inquiry in or der to determine Just what part J. S. Smith had -had in the matter, and determ ined to my satisfaction that he had done nothing which should cause me to" de cline to appoint him to office. I Inquired of Frank Williams, John C. Young, and oth er leaders of the People's Party familiar with the entire facts bearing upon the at falr and ascertained that they suspected that money was being used by Mitchell and hie friends to corrupt the Legislature and that J. S. Smith had stated, to certain of his party associates, -pri or to his going to the Mitchell-Fulton headquarters in the hotel at Salem. Oregon, that he intended to find out whether this waa a tact and to help deprive the Mitchell hosts of the 'sinews of war by himself accepting a pieoe of their money "When I questioned J. S. Smith- him self about the matter, after Senator Ful ton had protested against his appointment. Smith was perfectly frank in relating ail the circumstances to me and I formed tho opinion, which I still have, that his action In taking the money was regarded by him and by the persons with whom he advised prior to taking same, more as a piece of political tactics than anything else, and I did not understand that the money was to be retained by Smith nlmself. but to be used by Smith's party associates for de feating the purposes for which It was paid. "It was furthermore made perfectly clear to me that Smith positively declined to carry out the conditions which were im posed upon him by Mitchell in Fulton's presence when the deal concerning the pay ment of the money was made with Smith. It was this Very declination on Smith's part that formed the basis of Senator Ful ton's protest against Smith's appointment gs an office of the Oregon State Peni tentiary. Having convinced myself that J. S. Smith had done nothing in the transac tion mentioned to merit my refusal to ap point him to state office. I accordingly ap pointed him Assistant Warden of the State Penitentiary, a position which he still oc cupies." Now that waa in 1903. and I started In -189T. - Of course that transaction, the first part of it, occurred in 1S97. It seems that Fulton in effect admitted that he was there, handling; the sack of Mitchell; he admits to Chamberlain that he was present. We have the affidavit of Smith and of several of the oohem I won't stop to read them -to you, because they are all to the same effect. There is one from U'Ren stating that he knew about it at the time, and one from H. L. Barclay, who was bishop of the United Brethren for the Pacific Northwest. Fulton as Hammond's Attorney. Now 1896, 1897, 1898, 1899; In 1890, as we have Just shown In the case on trial, Fulton was attorney for the Astoria Railroad Com pany, A. B. Hammond, principal owner, and for some of Hammond's other companies, and a man by the name of W. E. Burke, some what of a politician himself (I won't say ac cording to the definition Just given), but Burke and a man named Gosslin, who was secretary of the Astoria Railroad Company and of other corporations of Hammond, were wanting to file on some lands at Oregon City, over In the Tillamook country, , about the same 'time Thayer had gotten hold of his claims there or was getting uhem, which some of you may know about. So when they got up there they found Moulton representing tJie Northern Pacific, for which Carey & Mays were attorneys: and curiously enough, Ed Mays was the Assistant United States District Attorney; and curiously enough also he District Attorney's office took action in this case, though it did not take action In any similar one very promptly, but the action It took in this case did not last very long either; only lasted long enough to accomplish the purpose of the Northern Pacific and of the Mayses. Burke, In order to make -sure of getting this land, came down and got some bums out of the North End' that was at the time when you had faro banks running here, as referred to by your chairman of the evening 20 of them, to go up to Oregon City and file on these timber claims. In order to get in ahead of the scrlpping that was going to be done by the Northern Pacific on this particu lar timber. Burke admits that and Gosslin admits it; they both admitted it at tfce time, and Burke went before the grand Jury at the time and the grand jury Indicted them. These CO men did file, each one swearing' that he was taking up the land for himself and had imade no agreement of any kind or nature by which anybody else was to be benefited by it. ..Burke knew that was false, because he had agreed to pay them $2 apiece to go and make those affidavits in order to cover this land. - Gosslin knew It was false, because he was there when Burke brought them up and knew . what the transaction was, as he admits. Burke and Gosslin Indicted. But what happened? Mou-lton comes on down here and be sees that the Northern Pacific is getting cut out of this land that he thought be had a cinch on, and suddenly we find activity In the United States Attorney's office. Pierce Mays now is attorney for the Northern Pacific and Ed. Mays is Deputy in Hall's office. First these men are arrested and taken before Ed. Deady as Commissioner, and Hall and Fulton appear before Ed. Deady, and the men are bound over. . They waive examination. Two of the bums are arrested, also. Fulton goes and gets Henry McGinn to have his brother-in-law and another man furnish the bond for the bums, the only two of the 20 they had found. Fnlton Uses His Influence.. . Then Fulton at once starts at work to do what? To see that the laws of your country are not enforced. This was late In 1899. We find him knocking at the door of the United States District Attorney's office from that time on down to the present time, every time a friend of his was threatened with indict ment; using his Influence as a State Senator, using his influence as an attorney for this railroad, and corporations, using his Influence as United States Senator, to prevent the en forcement of the laws that he has sworn to upftold. (Applause.) And so after Burke's Indictment and Gosslin's indictment, relin quishments to all this land are filed, and the Northern Pacific gets what it wants. Then there seems to be no necessity for any further prosecution. The prosecution seems to have effected Its Teal object. Now Hall commences to move toward a dismissal of the indictment. With the abso lute evidence in his possession, with a letfnr from Charles. Morris, giving him the names of the 20 applicants, with their notice of proofs published in a newspaper at Forest Grove by Colonel Eddy, and paid for by Burke and Gosslin out of the money of A. B. Ham mond's companies, represented by Fulton Bros., attorneys, a move was made on Blnger Hermann. Fulton and Hall telegraphed and wrote Hermann, Hall at Fulton's request, within a week or two after the arrest, asking -Hermann to recommend or authorize Hall to accept a compromise by having the relinquish ment filed. Compromise by having the relin quishment filed? Why, there waa not one of bhose bums there to show up to make final proof, and what would he make final proof on, unless the Hammond companies furnished the $2.50 an acre to make ft with, 'and Burke did not dare go there and carry It out any further, and It they did not show up at the time set for final proof the entries were canceled. ' v- Compromise! Compromise what? Why. that reminds me of the compromise that the monkey made with the cat. when he got hold of the cat's piece of meet. He said, "I will compromise this by keeping it all." Why, the Government had the land; they had no possibility of getting it. and it would be clear and free at Jhe end of GO days when they did not show up to make their final proofs. Hall knew that perfectly welt. Asking Blnger Hermann! Fulton and Hall writing and wiring him to allow Hall to act when he seeks to violate his duty aa a sworn officer of the law! Seeking some thing that he could crawl behind! The In terior Department had nothing to, do with the United States Attorney's office in prose cutions. I would like to see the Secretary of the Interior or even the president that time and " epposed to the re-election would stop me from going ahead with a prosecution if I believed a man guilty (great applause). And so they started in October, 1899, and Binger Hermann, the sly (laugh ter), said, "I have no power In this; you ran't pass the duck to me (laughter). I suggest that you asply to the Attorney-General." Fulton Writes McBride. And then Fulton promptly writes to Sena tor McBride, who was here in Portland, and urges the United States Senator to take It up with the Attorney-General, and of course, to accommodate the active Mr. Fulton, who Is always In the Legislature, to assist in electing United States Senators, up o the time he got there hirhself, he takes it up with the Attorney-General, and the" latter, as properly he should, says, "I know nothing about this," and referred it back to Hall for Hall to do his duty, and how did he get It? HaJl Gets His Annual Pass. Just about the time that they came back. Hall writes Fulton a letter, and says. "By the way, I have not yet received an annual pass over your road," and Fulton writes back and says. "I have requested Mr. Goslin" (this man 'under indictment) "to try to get Smith, the secretary of the rail road company, to see that you get your an nual pass, and If he overlooks It, let me know, and the next time I go to Portland I will attend to ft myself." Oh. yes, it Is a small matter, this getting an annual pass over the railroad, but think of the position of the prosecuting officer, who under those conditions existing, would apply to Fulton for such a thing; and in March Hall dismisses the Indictment, though I think he makes a contention that he got some sort of a communication from the Attorney-General consenting to it. I do not care if he did, though I don't think he did because the records do not show it. But if he did, the Attorney-General could know nothing about .it, and would have to act solely and purely upon Hall's representation, and I tell you that the time has come for Lnlted States -Senators to keep their hands off of criminal prosecutions In this country and permit men to do their duty (great ap plause). Ax6 o a clear case was dismissed. Then Comes Thayer Case. ,Ali5Lthen aIon about the am time came the Thayer case. Claude Thayer, the son of Governor Thayer, was getting over a nun S. i lm" over there and Leach and Handler came over and Leach was willing wUwth6 Whle tnins- and to,d " to Pierce Mays, employed by Thayer, and Hal! promised faithfully he would take car? of the matter before the grand Jury, instead of wll h put Ed Mfty l! hns to do It, while Pierce Maya was drawing down the money of Thayer. This man Leach who whoiriShem: Whle thm d 'old tne Wranri k' W" n5ver ut before the grand Jury, but sat there coolin his fpet outside the door all the time That ha pened In 1902; another case Then follow f.n dHwn' ln 1900 commenced thta com ?JL r? bUt th fence the Butte held- 0w!nyKOf Wh!ch SteIw" was at the head, which shows these men took nn were tairi? lencJl on' wnlle homesteads a up by tno Irl lo waited on he tab!e t the hotel, and by a widow lady who ran the hotel, and a widow worn an. who was doing washing in the town ami by a man named Sellers, who drova the stage from Fossil and who never Taw 'he Sl' and by Mrs. Hammond 1 deUtarohuTd B proved Up before Hendrlck.. United SiTtll Thayer comes back In 1902; these cases T .a.ny wonder that people like Puter and McKInley grew to think that there was no aTweL t arrtIOI that they'mign? as well go ahead acquiring lands fraudulently ?0n' bringins disgrace upon your state as it finally did? . Georgre C. Brownril'g Letter. Now, there are a dosen of those cases, and I am not going to take up your time with them. I have told you enough about them to Illustrate what I am talking about. Now we come to another matter mixed up in this George, C. Brownell's letter, and when I finish with that I am going to quit the dis cussion of Fulton and talk to you about some other things. Goorge C. Brownell made Mitchell's election possible. Brownell made Fulton's election in 1903 possible. Without him Fulton could not have been elected to the United States Senate in that section. Be fore his election Fulton had agreed to make Brownell United States Attorney for the dis trict of Oregon. Hall.'s term had expired in January, 1002, an 3 this election took place In 1903, so that he had really been holding over for a year. Hall was present and agreed that Brownell was to have his place, and a special agent named A. R. Greene was here. Greene did not like Hall, to commence with, but finally got so he and Hall were so thick that he helped Hall at the time I came here, and helped to keep me from getting knowl edge of facts that I should have known before I knew them. He was helping Hall to get reappointed. He did help him to such an ex tent, and they fooled me to such an extent that I am responsible for the fact that he was re-appolnted, and I had him re-appointed. We will come to that ln a moment. Xow, while I did not know about It when I came up here In 1903, Hall had already, after Fulton's election in the early part of 1003 with the aid of Greene secured the evi dence that Brownell was supposed to have taken the acknowledgement of some forged signatures on some public surveys In Henry Me Id rum's office, which, it turns out, as a matter of fact, Brownell did not sign I am satisfied to that myself, having examined them very closely and compared them with genuine' signatures of Brownell, and evi dently Mel drum tells the truth when he says he forged Brownell's signature and some body ele forged the other signatures. Now, at that timer however, Brownell thought he had signed these things because he bad been In the habit of taking acknowledgments of some of those people, and he thought that at some time Meldrum had brought up some papers and suggested that it was all right, and that he thereupon put his acknowledg ment upon them. It seems that Brownell had formerly had a partner named J. U. Campbell, and he did the same thing. Hall Threatens Brownell. Now HaJl sent for Brownell and saia to him of course he did not come out and say "If you don't withdraw from this race I'll indict you,'.' but he intimated to him and Insinuated that unless Brownell got out of that race that he could not possibly get the office because Greene would make a report on him that he had made these acknowledg ments to these forgeries and could not pos sibly be appointed, practically saying to him, You get our of here and help me, and I will see that you are protected, George. Now George concluded that he would play a little of the same game himself and so he told Hall that he was out of It, and as soon as he got hold of Fulton, who came out here that Summer with Mitchell, he told Mitchell all about it, and told Fulton that Halt was threatening him, and that he, Brownell, wanted Mitchell and Fulton to support Camp bell and to put Campbell In Hall's place. Brownell Gels Double Cross. Brownell did not know that Greene had the same thing on Campbell, and could prevent his appointment, and so he selected Camp bell and told Fulton that Campbell was go" ina- to divide the fees of the office with him and that he, Brownell, would stay up in Clackamas County and do politics for the old crowd, an i Fulton agreed to that and Mitchell agreed to it. Then along In the Fall of 10 Brownell . had told somebody about It, al though George says that Hall told him that Fulton "told Hail in -other words, that Ful ton was-giving George the double cross. Hall found out in some way, at any j-ate, that as a matter of fact Campbell waa to be appointed and that George was behind it, and so he sent for George again, and on Oc tober 20, 1903, he' got from George a letter in which George released Fulton from his pledge and asked him to support Hall. Now, at that time, October, 1903, the first case against Puter and McKInley was put before the grand Jury. That case actual ly Involved Pierce Mays, who was subsequently, after X got charge, indicted ln the same man ner; but he was not only not Indicted, but he was the attorney for Puter at the time. Puter went up to his office In October, Just before he was Indicted, and there he saw this letter from Brownell to Fulton and ex- pressed his amazement and regret that Brow nell was going to get out of the race, be cause he considered that Brownell would be friendly to him If he was appointed, and that he would not be ln any danger; but Mays told him it would be, all right anyhow if Hall remained in; but Puter did not think so, and Putfr was indicted. He waa to be made the scape-goat, he and McKInley, for the crowd; Just as they would like us down in San Francisco to make poor old Lonergan and a few of the other Super visors, th miserable Ignorant fellows who were put in there, and used by men of brains and money, they waffled us to make them the scape-goats while the higher-ups could continue tp wear their silks bats and broad cloth and belong to business clubs and go In the best society. (Applause.) Hall Agree to Protect Brownell. Now, about that time Hall concluded that he would go Kact and he went to Washing ton and there rre saw Mitchell and Fulton and they agreed to support him for reap pointment ln consideration of his protecting Brownell and Campbell from indictment. Hall had held up George Brownell; Mitchell and Fulton knew It, as this correspondence shows, and I won't take time to read any of It to you. but refer you to The Oregonlan where It has been published. If you read tnose letters you can reach but one con clusion, and that is that Fulton and. Mitchell knew about It. Fulton says Mitchell did not show him those letters, or tell him what was in thenf, but If you will hark back to 1897 and think of the relations be tween Mitchell and Fulton when they could go together into a room and agree to pay a man f.tooo for his vote, you will be satis fled that Fulton knew Just as well aa Mitchell did about the deal by which Hall was threatening to prosecute Brownell un less Brownell withdrew In his favor. I say those letters ahow that to my mind most conclusively, and I think you will agree with me that it shows it to your mind, and therefore I will not take any further time on that. Now what difference does that make if Fulton did agree with Mitchell to support Hall for reappointment if he would not prosecute Brownell? Do you stop to realise that we are living In a country wn ere our property rights and our liberty must depend upon the faithful enforcement -;aws? Io you stop to realise that If the offk-e of Prosecuting Attorney can be be"d war n this manner, and a man appointed because he has agreed that he ill violate his oath of office, that he will !.t?-r0o?ecrtaP.r?,aCUt' mea Wh b" Do you stop to realise that If that can be done by men who have been honored by Z" WI,h hlchest office that la within your lft aa cltisen, of thl, atate. that . mumt com whin ,nl government must fall to pieces thla Hepubllo cannot endure with such corruption? You are polluting- the very foundations of justice when you permit euch a thing to occur, and you cannot place the stamp of approval upon any men who have been connected with such( a transaction. (Applause.) The Fight for Liberty. Now. let me ray a little about general ities. After all that la what I am more Interested ln. The uttlns; of a few men ln Jail is not the food that we have ac complished ln Oregon, nor the good that we hope to accomplish ln San Francisco. It that was all that I could look forward to as the fruit of my work here and there, I would feel that my time had been utterly wasted. The fact Is that ln 1800. about lilBu, people commenced coming here from England looking for greater liberty to wor ship; they wanted mo.e religious freedom: they wanted the light ,to wor ship In such form ria the In dividual conscience dictated. Upon their arrival here they ln turn became narrow and each different community waa at different times Inclined to persecute those who did not agree with them. Gradually an understand ing of what la really meant by liberty com menced to epread throughout France. England and the United States, and by 1776, at the time of the Revolutionary War," the 2,000,000 people who oocupied that narrow atrip of land along the Atlantic Coast who were known as the colonists of England, had arown to realize that the highest and best thing on earth that human beings can struggle for to liberty of conscience, liberty of action and equal opportunity in this world. And so, be lieving as they did in self-government, be lieving that they were capable of exercising Belt-government, thy demanded and insisted that they should have representation in the English Parliament, and when finally the ships landed ln Boston with tea and the Revo lutionary fathers went on board and threw that tea overboard, when it waa said that the tax waa small, they said, "No, It is a prin ciple for which we are fighfing, and taxation without representation is tyranny." (Ap ulause.) You heard nothing at that time that we can learn of now about it hurting business. Those 3. 000.000 of people went into a long struggle with the mother country and for eight years they suffered privation, they were risking their fortunes, they risked their lives, for what? When a President of the United States now attempts to get the people of this Nation to realize that there is something bet ter than mere money-makfcig and that we must have a higher standard of morality in business and political life, you bear the Torle, of today crying. ' "It hurts business." During the Revolutionary War thej had their Tories who were opposed t this fight for human liberty, who preferred to remain under England and let her tryran nize over this country, provided only they were not Interfered with ln their money making. (Applause.) And so ' ln 1860 to 1S65, when that great fight was made fol human liberty under the leadership of Abra ham Lincoln, (great applause) you found youi Tories those who were not able to take ad vantage of the war and make money out of the people, crying "It hurts business." They wanted to stop that great fight for the per petuity of the Union and the liberty of thf slave because forsooth it was hurting busl. ness. "It Hurts Business." 1 And so now in Oregon, when I started here ln 1904 you found the cry going up, you found men talking in the church, "Stoj these prosecutions, it is hurting business, th timber business of Oregon. (Applause.) An( so when I got back to San Francisco an! when we took the lid off that stink-pot dowi there and showed what has been going or you hear the cry going up the momenta w commence to interfere with the men who ari really lesponsible for these corrupt conditions, "this sort of thing should be stopped; tneM prosecutions have gone too far, they arc hurting business:" and so when TheodoM Roosevelt says, "The railroad corporations oi this country have gone too far, they havs robbed the people all we intend to let them rob them; they shall no longer discriminate ln favor of one man and against another; that Is unequal taxation, taxation without rep resentation, which is tyranny, and we do not propose to be tryannized over by Harriman or any other railroad magnate." (applause) I say when he does that you find that same class of men crying out. "It is hurting busi ness an4 ought to be stopped." The whole civilized world Is wafhlng SISTERS . It doesn't take very long, only long enough- to get well away from the bad effects of caffeine the drug in Coffee and a llitle while for Postum to com mence toning up the nerves and your reformed coffee drinker will begin to put on flesh and show an improved condition generally. An Indiana man says: "I knew for a long time that coffee waa running my system down. For the last five years I have been troubled with my stomach hut didn't seem able to quit coffee. Finally I took down sick and my doctor told me to stop cotfee. "I tried milk and hot water but got tired of both. About that time while on a visit to my cousrrT she recommended Postum, claiming that it had done so much for her. "She was lookirg stouter and was nol at all nervous, while I was shaking at the least excitement. Her husband told me that the sisters at the hospital where he worked used Postum and wouldn't allow any coffee to be used, i "I came home and began Using Postum and ln a lew days noticed im provement which continued, until now, I must say, that I am feeling fine. The more I drink Postum the better I like it. I make it according to directions on the package which gives it its good rich taste. "I have thanked my cousin many times for telling me about Postum, for It has done great good to my nerves and whole system. Before I quit coffee and began to use Postum I was troubled with toothache and headache, besides the steady old grind of stomach trou ble': Xow I have none of them." "There's a Reason." Name given by Postum Co., Battle Creek, Mich. Read the book, "The Road to Wellville" in pkgs.