' : ' - T : . . . , , VOL. XI. VI. XO. 14,712. PORTLAND, OKEGON,; SATURDAY, FEBRUARY 1908. PRICE CENTS. 1, SCORES TIE Answers Critics and Proposes New Laws. TRUSTS NEED CONTROL WRONGDOERS V, Criminal Rich Are Banded To w gether for Reaction, Says Messags. CARE FOR LABOR'S INTERESTS Employers' Liability Laws and Restriction on Injunctions. EVEN JUSTICE TO ALL MEN Apologias of Lawbreakers. Mere Puppets or Powerful Rich Will Continue l'lglit for Honesty In Business and Polities. ! 1VHAT ROOSEVELT RECOMMEXDS Re-mart employers' liability law so is to apply only- to corporations ! engaged In Interstate commerce and. strengthen Its provisions. 4 Pass law giving Government em- Sployes compensation for injuries. Pass law giving employes of Pans x ma Canal compensation for injuries. Nc- law against blacklisting will be recommended later. Give Interstate Commerce. Commis sion power to pass upon changes in rates before they become effective. Provide for valuation of railroads and supervision of their financial op- I eratlons by Interstate Commission. I Let Government supervise inter- .? change of cars and schedulea of trains carrying perishable products. " I Amend Sherman anti-trust law to I legalize reasonable combinations, but f provide thorough supervision over all f Interstate corporations. T Pass laws to prevent grosser forms I of gambling In securities and com- t modules. WASHINGTON, Jan. 31. President Roosevelt today sent to Congress a special message which is devoted mainly to a vigorous defense of his policy, as regards railroads and trusts from the assaults of his critics and an even more vigorous denunciation of those critics and those whom they champion. Beginning with the recommendation of new employers' liability bills, both binding the Government and Interstate corporations, and of laws restricting the Issue of injunctions, the message proceeds to renew the President's former recommendations for legisla tion dealing with railroads and mon. opollcs. Then it enters upon a reply to the criticisms of the President's policy, not mincing words in its char acterization of his antagonists as law breakers. It shows their inconsistency in criticising Judges Land is and YVellbon after having condemned the President's much milder criticism of other judges. It advocates measures to prevent stock gambling, attributes the panic to speculation and- high finance, and declares that, even if the President's policy did contribute to the panic. It is better than to allow dis honest business to thrive. lie declares his purpose of continuing the same policy without flinching. Senators Pay Slight Attention. "While the message was being read in the Senate, many Senators simply scanned their printed copies at first and before it was half finished they generally took up other matters. When the striking passages were reached, many of the Senators looked around the chamber and exchanged smiles Tillman seemed especially pleased with the document. La Follette paid very careful attention. Beveridge, McCum ber, Knox, Galllnger, Nelson, Elkins, I lemon way and Burrows, on the Republican side, and Culberson, Teller, lavls, Bnnkhead and Overman, among the Democrats, were especially atten tive to the document. On the conclusion of the reading of the mesfuge. Senator Davis, of Arkansas, promptly moved that 10.000 copies of the message be printed as a public document. "It Is the best Democratic doctrine that I have ever heard emanating from a Re publican source," said Davis. The motion was agreed to, and with , out further comment the message was1 referred to the committee on Interstate commerce. The reading of tho message In the House was listened to with Intense in- terest by the members, of whom there was an unusually large number in at tendance. As the reading of the message pro gressed In the House, numerous members were heard audibly to exclaim. "Most unusual," "This is red-hot," etc. The President's vigorous denunciation of wrongdoers was greeted with loud ap plause, as was his' defense of Federal judges who punish offenders for viola tions of the law. The frequency of the applause increased as the reading proceeded. The hum of conversation over the message subsided and the members followed every word. But the climax came when the reading was concluded. Cheered by Both Parties. Without regard to party, the members loudly applauded, cheered, thumped their desks and gave other evidences of their approval of the document. After a mo ment's silence, the applause broke out h . -. , V , 1 V1 L jjuUi iKn Mmk I'lWf il tM T 1T11 Muf i-ifi T isssft iMfnrTi ffli r I C'harlrft E. Hiijrhtw, Who Opened HJs Campaign for President lmt Jflffbt. again, several members, Including many Democrats, arising from their seats and flapping their hands. The message then, on -motion of Payne, New York, was referred to the committee on the state Of the Union. Ollie James (Kentucky) produced laughter and Democratic applause when he tauntingly inquired of Payne: "How many additional thousand copies do you desire for circulation?" Payne replied laughingly: "Oh, the usual number." FtXI. TEXT OF THE MESSAGE Bills to Relieve X.a.xr and Control - Trusts Reaction Js Scored. V" " "WASHINGTON, Jan. 31. Following i the full text of President Roosevelt's so cial message, sent to Congress today: To the Senate and House of Representa tives: The reoent decision of the Supremo Court In regard to the employers' liability act, the experience of the Interstate Com merce Commission and of the Department of Justice in enforcing: the interstate com merce and anti-trust laws, and the gravely significant attitude toward the law and its administration recently adopted by certain heads of great corporations render It de sirable that there t ould be additional leg islation as regards certain of the relations between labor and capital and between the great corporations and the public. The Supreme Court has decided the em ployers' liability law to be 'unconstitutional, because its terms apply to employes en gaged wholly In intrastate commerce as well as to employes engaged in - interstate commerce. By a substantial majority the court holds that the Congress has power to deal w ith the . question insofar as in terstate commerce is concerned. As re gards the employers liability law, I advo cate its Immediate re-enactment, limiting its scope so that it shall apply only to the class of cases to which the court says It can constitutionally apply, but strengthen ing its provisions within this scope. Inter state employment being thus covered by an adequate law, the field of Intrastate em ployment will be left to the action of the several states. With this clear definition of responsibility, the states will undoubtedly give the performance of their duty within their field the consideration the importance of the subject demands. I also very urgently ' advise that a com prehensive act be passed providing for com pensation by the Government to all employes Injured in the Government service. Under the present law an injured workman in the employe of the Government has no remedy and the entire burden of the acci dent falls on the helpless man, "his wife and his young children. This is an out rage. This- is a matter of humiliation to the Nation that there should not be on our statute books provisions to meet and par tially to atone for cruel misfortune, when It comes upon a man through no fault of his own while faithfully serving the public. Make Government Ijable Also. In no other prominent industrial country in the world could such gross injustice occur,' for almost all civilized nations have en acted legislation embodying the complete recognition of the principle which places the entire trade risk for industrial accidents (excluding, of course, accidents due to wil ful misconduct by the employe on the in dustry as represented by the employer, which In this case is the Government. In all these countries these principles ap ply to the government as much as to the private employer. T'nder no circumstances should the Injured employe or his surviving dependents be required to bring suit against the Government nor should there be the re quirement that in order to insure recovery, negllsen-ce in some form on the part of the Government should be shown. Our propo sition is not . to confer a right upon the Government employe, but to secure him suit able provision asainst injuries received in the course of his employment. The burden of the trad risk should be placed upon the Government. Exactly as the working man is entitled to his wages, so he should be entitled to indemnity for the Injuries sustained in the natural course of his labor. The rates of compensation and the regu lations for its payment should be specified In the law and the machinery for determin ing the amount to be paid should in each case be provided - In such manner that the employe is properly represented without ex pense to him. Tn dther words, the com pensation should be paid automatically, while the application of the law in the first instance should be vested in the 'De partment of Commerce and Labor. The law should apply to all laborers, -mechanics and other civilian employes of the Gov ernment of the United States, including those In the service of the Panama Canal Cc-nmisalon and Insular governments. The Fame broad principle which should apply to the Government should ulti mately be made applicable to all private employers. "Where the Nation has the pr.w er. it should enact laws to this effect. "Where the states alone have the power, they should enact the laws. No New Burden to Employer It U to be observed that an employer's liability law does not really mean mulcting tho employers In damages. It merely throws upoh the employ or the burden of accident insurance against injuries which are sure to occur. It rofu;rs htm cither to bear or to distribute through insurance the loss which can readily be borne when distributed, "continued on 1'age 4.) - THAW JURY FAILS TO FIND VERDICT Locked Up for Night Without Reporting. EIGHT TO FOUR THE RUMOR Disagreement Feared and a Third Trial Considered. GLOOM IN PRISONER'S CELL Iiittlcton Believes Majority "Favors a Verdict Based on Insanity, but Xo Definite Conclusion Is Ex pected by Others Interested. NEW TORK, Jan. 31. After waiting: for nearly 12 hours for the jury In the Thaw case to report. Justice Dowling, shortly after 1 o'clock tdnight, ordered the doors of the juryroom locked for the night and adjourned court until 10:30 A. M., when he will hear any report they have to make. A rumor persisted throughout the eve ning that the Jurors were hopelessly divided, eight to four. Mr. IJttleton, of the defense, expressed the belief that the majority favored a verdict of not guilty on the ground of Insanity, and when he left for his home was' still hopeful that a decision eventually would be reached. Thaw Is Disconsolate. District Attorney Jerome said: "Nobody can tell what a Jury will do, so what is the use of speculating." Thaw retired disconsolately to his cell in the Tombs. He expressed the fear that a third trial would be necessary. This was the general opinion held by the court attaches. The attorneys in 'the case were deeply disappointed by the trend of af fairs, as every one hoped that some defi nite conclusion might this time be reached. Mr. Jerome would not discuss the probability . of a third trial but said if there was one It might be In some other Jurisdiction of the Btate than New Tork County. ' Dowling Charges Jury. The 12 jurors retired at 11:30 A. M., after listening to a charge from Justice Dowling, who sought to impress upon them that the burden to prove the sanity of the defendant rested upon the prosecu tion throughout the trial and declared that if. from all the evidence in the case the jurors entertained a reasonable doubt as to his sanity, the defendant was en titled to the benefit of that doubt. At the same time he pointed out the pro visions of the statute which provides that the only persons excused from crimlnar responsibility are those -who suffer from such a defect of reason as either not to know the nature or quality of their act or not know that the act is wrong. "Some may hold that this is too hard a test," commented the court, "but It is the law. It is clear, explicit and reason able. Mark you that the law says a 'de fect of reason,' and I must instruct you that a defect of reason is not an opinion THE CANDIDATE "NOW a man holds as. to the Justice or cor rectness of his own acts, or an opinion that -the laws of the land are wrong. Hatred and revenge are not insanity. Most crimes are committed from just such motives as these. - Doors to Court Docked. Mrs. William Tluiw, her son, Joaiah, and her daughter, Mrs. George I Car negie and Evelyn Nesblt Thaw were in court while Justice Dowling read his charge. From the moment the first words came from the bench until . the Jury had filed out to begin 1U delibera tions, the courtroom doors were locked and no one was. allowed to pass m or out. , i - The following verdicts are possible in the case: ' Murder in the first degree, penalty death. Murder in the second degree, penalty life imprisonment. Manslaughter in the first degree, pen alty not to exceed 20 years' imprisonment. Not guilty on the ground of insanity at the time the crime was committed, prob ably commitment to Matteawan Asylum. As the Jury was about to leave the box. Justice Dowling asked if they desired any of the exhibits in the case. Foreman Gremmels replied that the jury would like to have them all. Thaw was com pelled to stand and nod his formal assent to this action. Exhibits Taken by Jury. The defendant listened intently to the judge's charge, the reading of which oc cupied Just 40 minutes. The fact that the Jury desired to examine the exhibits was taken to indicate that they would be some time at their deliberations. While on the subject of reasonable doubt. Justice Dowling said the doctrine applied to the grade of crime as well as to the question of Innocence of responsi bility. Knowledge of the nature or quality of a defandant's action' included the issue as to whether or not he knew he was firing a loaded pistol. The defendant had a right to expect the benefit' of the doubt as to this, as- well as to other ma terial issues. , The trace of insanity, in, collateral branches of the .prisoner's family. Justice Dowling eaid, had a proper place in the testimony and was worthy of considera tion. Justice Dowling defined the various degrees of murder and manslaughter rec ognized under the laws, and then added that the Jury in its deliberations was not bound by the terms of the indictment. What Jury Will Speciry. "If your verdict should be 'not guilty.' he said, "under the specification of the defendant's plea as to insanity, you will add the clause, 'on the ground of the defendant's insanity at the time of the commission of the acts charged in the Indictment." In any other verdict you render, you will specify the degree." Justice Dowling and the opposing at torneys congratulated each other upon the expedition of the trial. Justice Dowling said his decision to throw all sessions open to the public had been Justified by the way the case had been handled by the press. ' In his charge. Justice Dowling defined the various degrees of homicide, and devoted much time to elucidating the legal meaning of the words "delibera t tion" and "premeditation." These words, ' he said, "imply the capacity at the time of the crime to think and reflect and by the use of these powers to refrain from doing a wrongful act.- He said that in the consideration of deliberation and premlditation the Jury might take into account the acts of the defendant im mediately preceding the shooting, his acts on the roof garden and the in cidents attending the shooting itself. State Must Prove Sanity. Judge Dowling cautioned the jury against being prejudiced by testimony reflecting on the character of White. In the eyes of the law the murder of the most vile la as great a crime as to mur der the greatest benefactor of the hu man race, he said. Where the defense is insanity, the gen eral question is whether the crime was committed by a person responsible for his acts, the judge continued. The bur den of establishing sanity is on the prosecution, and the defendant is entitled to the benefit of any doubt. The only question to decide is whether the defendant was or . was not lnsaie when the shooting occurred. Facta that may bear on his condition at that time were received for the light they cast. The Jurors should decide what weight the testimony of experts should bear. I WONDER WHICH WAY I'O BE GOING THREAT MADE ON 'S LIFE Meet Fate of Brown and Steunenberg. MUST PARDON JOHN BRANTON Gets Letter on Behalf of Man Who Attempted Murder. GOVERNOR NOT DISTURBED Says He Often Gets Such Letters. Branton Conies of Family With a Bad Record Scnlenccd for Try ing to Kill Man Tor Insurance. HOOD RIVER, Or., Jan. 31. (Staff Correspondence.) Governor Chamber lain is In receipt of an anonymous let ter demanding the pardon of John Branton, under threat that unless the convict is released by Feh .;.y 20, the Governor will -fiieet tne fate dealt out to Steunenberg and Brown. The letter was addressed to Dr. Charles Chamberlain, the Governor's son, and was handed by the doctor to, his father at the union depot in Portland tonight, just as the Governor was boarding the train for the Com mercial Club banquet at Hood River. Although headed as if written from Portland, the letter bears the postmark "Cottage Grove, January 29, 2:30 P. M." The address on the envelope is- in a, woman's handwriting, but the body of the letter is printed in pencil. The spelling evidences a labored attempt to make it appear that the writer Is illiterate. Vew words are misspelled, but periods appear after almost every word. The letter is signed "Comity on Justice." The text is as follows: . Text of the Letter. " PORTLAND, Or. Dr.- Charles Chamber lain, sir: You ar hereby .notified to have your father to pardon John Branton out of the pen-ltentary and you keep this secret be twen yourself and father and dont let Bran ton no anything of this. He la & good man and la ino3ent of any crime. He waa con victed on perjured evidence and in a nredudlc court. And we demand his pardon by the 201th of February this year. If this la not granted you ar.d your father will both of you be dealth with the aame aa Steunburg and Brown were. We dont want to kill any one but it la no worse to kill a man' than It la keep a lncwsent man in prison. Anyway from his helpleaa little children. So you take warn ing and save yourselves and let Branton go to his children. We mean Juat what we eay. COMITY ON JUSTICE). Governor Not Alarmed. "What are you going to do about it."' the Governor was asked. "Oh, nothing," he replied, in an off-hand way, as if the threat on his life gave him no worry whatever. "I frequently get such letters. A man in my official posi tion has to put up with this sort of thing very often. I'm something of a fatalist, anyhow. ' If I am doomed to be blown up by a dynamite bomb, I suppose I will be. IF I TRIED TO RIDE?" GOVERNOR and there is nothing that can prevent it. If anyone had designs on my life, there 'would be plenty of opportunities to 'get me.' for 1 go about the streets like any other man, and a crank would have plenty of opportunity to carry out -is threat of death. But I don't expect it." Family Has Bad Record. John 'Branton, the convict whose pardon Is demanded, belongs to a family several members of whom have a bad record. Claude Branton, a brother, was hanged in Eugene about nine 'cars ago for nie murder of "old man" Iinn, a Morrow County sheepowner. Unn was killed in the Cascade Mountains and his body burned by Branton in his campftre. A brother, Clarence, lives in Crook County. A sister is said to live in Cottage Grove. John Branton attempted to kill a man In Cottage Grove about three years ago with the Idea of getting some life In surance money. Branton was given a j- A '.-- v. Harry K. Thaw. Whose Fnto Is Noer In the HandH of the Jury. This Hhttni Him ns He Now Appears. year sentence for his attempted murder. The father of the Branton boys myster iously disappeared three years ago in. Crook County. E. N. B. EVIDEXCB IS VERY STROXG Conviction of John Branton Easily Secured by Intended Victim. COTTAGE GROVE, Or.. Jan. 31. (Spe cial.) John Branton. who attempted to duplicate the actions of his brother Claude by shooting' John Fletcher in the head, for the purpose of getting a J-VIOO policy in the Woodmen of the World in Branton's favor, about three years ago, was tried, convicted and sent to the peni tentiary for a term of 10 years from here. Fletcher recovered, and with his own and other evidence' formed a chain that resulted ' In conviction, regardless of Branton's firm stand that he was Inno cent. Branton's second wife died with con vulsions prior to the attempt on Fletch er's life. FORMER TKIAIi FOR PARDON Prisoner's Mother Circulates Peti tion, but Few Will Sign. EUGENE. Or.. Jan. 31. Claud Bran ton, brother of John Branton, was hanged here in the County Jail yard, by Sheriff Withers, about nine yearn ago" after having been convicted of the murder of a man named Linn. The trial brought out the fact that Linn was shot while asleep after sup per and his body was burned in the camp fire. Nearly every trace of the murder was covered. Branton sitting by the fire playing a French harp while the flames were doing their work. The disappearance of Linn remained (Concluded on Page 2.) CONTENTS TODAY'S PAPER Tho Weather. TBSTERDAY'S Maximum ' temperature, 84 degrees; minimum, 28 degrees. TODAY'S Fair and not so cold; easterly winds. , Preldeota Mefuras;e. President advocates labor and antl-trust laws and denounces reactionary cam paign. Page 1. Banta Pe officials say letter quoted In mes sage waa stolen. Pare 2. Ripley denies president's charge of rebat ing. Page 2. Chancellor Day furiously denounces mes sage. Page 2. Bryan praises Roosevelt's message. Page T. Foreign. King Carlos to sign repressive decree against Portuguese rebels. Page 5. National. Attempted graft in Government Printing Office. Page 11. Banker denounces Aldrlch bill. Page 3. Tillman moves to hasten forfeiture of Southern Pacific land grant. Page 8. Evans' fleet arrives In Magellan Straits. Page 2- . Domestic Tornado lays waste wide strip in Mississippi. Page 6. Steel men decide not to reduce price. Page 0. Hawaii fears flood of Japanese. Page 13. Thaw jury out since 11:43 A. M. Page 1. Wheat bulls give up fight and Armour wins tl.00O.000. Page 5. Sanderson paid $3,000,000 before he gave bills for Capitol furniture. Page 13. roiitics. Hughes declares his policy as candidate for Presidency. Page 1. Sport. Attell wins fight with Neill, who throws up sponge. Page 7- Iicirtc Coast., Ruef pleads not guilty. Page 3. Governor Chamberlain receives letter threat ening fate of Steunenberg unless he par ' dons criminal. Pace 1. Hood River Commercial Club's third annual banquet great success. Pa$e 13. Canadian laborers clamoring for Oriental ex clusion. Page 6. Commercial and Marine. Washington .liopgrowere propose a new union. Page 17. Three-cent drop In wheat .at Chicago. Page. 15. Xew York stock market sluggish. Page 13. General trade conditions slow to imprlve. Page 13, Exports for the month of January exceed 2.000.000 bushels of wheat. Lumber ex ports heavy. Page 10. - Portland and Vicinity. Heney shows up Hall's tactics in prosecu tion of land fencing cases. Page 10. Mothejr refuses to Day son's fine and anks Judsre to imprison him. Page 16. High winds accompany coldest weather of Winter. Page 11. Court grants eight divorces. Page 10. Statement No. 1 finds few friends in present campaign. Page 11. HUGHES IN FIGHT E Falls in Line With Roosevelt Policies. WOULD IMPRISON TRUST KINGS Amend Sherman Law, Con tinue Rate Regulation. REVISE TARIFF SCHEDULES Governor Tells Supporters Position on Public (jiie&tlons and la Given Ovation Praises ' Kooscvelfs Fight on Privilege. on c NB:V YORK. Jan. 31. Governor Charles E. Hughes, tvIiokc nomination for the Presidency by the Republican National Convention Is belna; ursrd by tha Now York County committee and other Republican county rommlttecg in New York State, today made open declaration of his views on National' Issues and principles. Mr. Hughes told his hearers tonight that he did not come before them In any spirit of rivalry or self-seeking, and that there are "many Republicans who, by virtue of their character and distinguished services, are worthy of t lie highest honor the party can bcsiow." The Governor was given an ovation when he concluded his speech. Declaring the Republican party was a party of progress and stnblilty, Mr. Hughes, In his speech, commended the administration of President Roosevelt ns one "which to degree almost un precedented has impressed the popular imagination and won the confidence of the people." The country, he said, was under lasting obligation to Mr. Roose velt for his vigorous opposition to abuses and for the strong impulse he has given to movements for their cor rection. ' ' , Opposes Government Ownership. Mr. Hughes asserted his unqualified opposition to Government ownership of railroads, but said that regulation of interstate transportation is essential to protect the people from unjust dis crimination. As a means of railroad supervision, the' Governor suggested an administrative board. The Governor declared that the Sherman anti-trust, act should be clarified and be made more explicit; that the law may be made stronger and more effective by being mude more definite. "I am not in favor of punishment in the shape of fines upon corporations, except for minor offenses. The burden of fines imposed upon such corpora tions is either transferred to the pub lic or is bornp by the stockholders," de clared Mr. Hughes. Would Revise Tariff. Revision of the tariff was advised by Mr. Hughes, who suggested that the readjustment of schedules be effected by an expert commission, so that the facts be ascertained without delay and that Congress may dispose of the mat ter In-the fairest possible manner. Mr. Hughes declared he did not be lieve in arbitrary action, and that the rulo of the peo'ple must be a rule of reason and every effort must be domin ated by a sense of justice. His pre pared speech, from which he departed In some particulars, follows: . Decide lnrtlJD on Merita. Since I took office I have sought to maka It clear ' that I would not become Involved in factional strife or use the powciw of offica to further any personal intfnst. I am and have been constantly solicitous that the ad ministration of alTalrs of this state should not be embarrassed by collateral considera tions, and that every question e)hall be pre sented and decided upon its merits, unaf fected by aug-gestlon of ulterior motives. Kor this reason I have avoided gratuitous dtacus cussion of question foreign ' fo my official duty, but when. In Jtietice to those who nava honored me with their confidence and to the party, which, as . we all desire, should act freely and with full information, it becomes a duty to speak, I have no desire to remain silent. Nor should I In any event care to preserve availability at the expense of can dor. High Praise for Roosevelt. We are contemplating a. new administra tion at the cloee of one wihlch to a degree almost unparalleled has appealed to the popular Imagination and won the confidence of the people. The country Is under lasting obligation to President Roosevelt for vigor ous opposition to abuses and for the strong Impulse he has given to movement for their correction. Differencea of opinion now, as always, exiet with regard to the best means of solving some of the extremely difficult problema that are presented. But those who earnestly desire progress and the establish ment of our security on its necessary founda tions of fair dealing and recognition of equal rig-hus appreciate the great service he has rendered and the fundamental importance of the purposes he had in view. We shall have in the next campaign a notable vanta&a ground, gained through the general admira tion of his strong personality and the popu lar appreciation of the intensity of his de sire to promote the righteous conduct of af fairs and the welfare of bia fellowmen. Approved Rate legislation. The battle for free institutions has been a struggle against epecial privileges. It is not won merely by the creation of new . forms of government. AgalnM every attempt to make government the instrument of selfish purposes a free people must constantly b on the alert. Every franchise granted by the people Is a privilege Justified only by consideration of the public welfare and the conditions of its exercise should be such as to Insure the per formance of public obligations. There must be no encroachment on the common right for the purftpse of serving the interests of the (Concluded, on Face S )