VOL. XLVIII. XO. 14,722.
PORTLAND, OREGON, TUESDAY, FEBRUARY 4, 1908.
PRICE FIVE CENTS.
T
FOR ROOSEVELT
Message Indorsed by
Both Parties.
APPLAUSE FILLS THE HOUSE
Bourke Cockran Acclaims the
President's Policy.
CRUSADER AGAINST WRONG
Orntors of Both Parties Indorse De
ll iinciatioii of Kicli Malefactors
and Urge Giving Them a
Quick Trip to Prison.
WASHINGTON', Feb. 3. Three of the
Riant of the House of Representatives
had their innings today. Technically, the
Indian appropriation bill was under dis
cussion, but legislation -was relegated to
the background while National politics oc
cupied the stage.
Before the political question cropped
out, the House, with next to the largest
attendance of the session and with but
one dissenting voice, passed a general
jU'ldows' pension bill granting a flat pen
sion of $12 a month to the widows of all
honorably discharged soldiers of, the
United States who have not heretofore
received the benefits of the pension law
and an Increase of $4 a month for those
who have 'benefited under the act of
June 27. 1S90. The law expressly waives
the limitation of property holdings. The
hill involves the expenditure of more
than $12,000,000 annually.
Claims Credit for Republicans.
The political debate was opened by
Townsend of Michigan, who In a prepared
speed, claimed for the Republican party
credit for all National legislation for the
last 60 years of vital interest to the
public. He rehearsed the history of Re
publican legislation, which he said he did
ior the purpose of "disputing the unwar
ranted claims of our Democratic breth
ren." He was not, he said, defending
the present administration.
"It needs no defense before the Ameri
can people," he said. "Its record will
Illumine the pages of United States his
tory and mark an epoch In popular gov
ernment." I
He declared that the students of the
future would point to it as the period
when the people came Into possession of
their own ty establishing as facta the
heretofore theories of a Republic, where
by Federal law is enacted for no class or
financial condition, but for all of the
people."
Panic Not Due to Kate Law.,
Ho said that the legislation of the last
two Congresses had been charged with
producing the late financial disturbance
end he undertook to refute the charge.
He referred especially to the railroad
legislation and said that democratic poli
ticians, finding that the legislation was
good, desired to appropriate it to them
selves as a political asset in future
campaigns.
Townsend defended the railroad rate
iw and declared that no single provision
n it imposed anything which the very
charters of the roads did not contem
plate. He said that "he who claims that
rate legislation caused the panic or to
eny considerable extent contributed to
It begs the question in his desire to
justify his opposition to the measure and
to discredit an administration hostile to
special interests and favorable to Gov
ernment by law."
Sherwood Attacks President.
Sherwood (Dem.), Ohio, in following
Townsend, declared his Ideas of the Presi
dent's message, particularly addressing
himself to lis labor feature. Ho said:
Ior what reason did. the President ex
press hi views so fully? Was It In the in
terest of the candidacy of the Secretary of
War? Is It a spectacular and sensational
appeal tl divert the attention of the coun
try from the Secretary's record? The
President, like the Secretary of War. hasa
labor record of his own that Is In need of
patching.
Sherwood took ' up the report of the
Gold Ik Id Ij)bor Commission made to the
President in December and Just submit
ted to Congress, and said that the report
Itself showed that the sending of (roops
to Goldlield was clearly against tho stat
ute, in that no state of Insurrection ex
isted; that tho troops wero placed at tho
disposal of the mlneowners at the behest
of Senator Guggenheim and other mine
owners in Nevada, who wined and dined
Governor .Bpiirks.
Speaking of tho Moyer-IIaywood-retti-bnno
ease, Sherwood said that when writs
of habeas corpus had been unjustly is
sued to take, them from Colorado to
Idaho, the President did not interfere.
"Ho was as silent as the oysters in Oys
ter Bay."
Cockran's Vitriolic Words!
Bourke Cockran also replied to Town
send. Ho denied the accuracy of Town
send s statements and said that since the
beginning of the Republic there had not
been a single policy prominently incor
porated Into law that was not of Demo
cratic origin. Coming to moro recent is
sues, Mr. Cockran said:
The messaua which the President sent
here Friday raises a question which Rocs to
the very existence and growth of civil gov
ernment. The first nart of the message
contains complaints. After we pans that
portion, we come to the lart which we all
applauded, and that was tho paragraph that
CHEERS
HUNGER
related to charge that business distress was
brought on by the Government and that the
knife should be usd freely in cutting out
rottenness.
Cockran grew vitriolic in his denuncia
tions of bank presidents and corporation
officials who had been guilty of illegal
action. He first referred to the insurance
investigation and in speaking of- the re
cent financial crisis, said it had been
caused by revelations of depravity in high
places In the financial world. "Was the
President responsible for that?" he in
quired. The whole thing, he declared,
grew out of a quarrel among plunderers
of the Insurance companies over the dis
tribution of their spoils. So deeply had
the public conscience become appalled, he
said, by the spectacle of unpunished
crime that never did it seem to dawn on
any one, publicists or journalists, or
prosecuting . officers, or even politicians!
"that Instead of certain corporations'
heads being suffered to do some house
cleaning In the corporations they had
pillaged, they ought to be sent to do
some cell-cleaning In the penitentiary."
He said:
Scores the Plunderers.
These gentlemen, when their rapacities
had exhausted the supply and there was
nothing left to steal, did not even surren
der control of the corporations they
wronged. They do not flee from justice fear-
t I- "ft X ' I
r , n -N M
if V
t : y V
1 If
1
' '
Congressman Bourke Cockran, tbe
I 'nmoun Democratic Orator, who
Made Great Speech. Approving of
President Roosevelt's Message.
lng its sword, but they go Into a court of
Justice and obtain its protection to obtain
further authority over the very trusts they
had betrayed.
Regarding1 recent bank failures in
New York, Cockran said that not one
of them failed through error of Judg
ment. "Every one of them," he said,
"was ruiued by crime." He charged
that the officers who were being pur
sued before grand juries and criminal
courts actually had set themselves to
work to raise funds to reopen the con
cerns and Induce depositors to sanc
tion delay in the payment of their
money, "and," he said, "they are treat
ed as saviors of society because they
lave not blown up the building in ad
dition to pilfering the banks."
Message "Inspired Proclamation."
It had been asked, continued Cock
ran, "Why does not the President pros,
ecute these gentlemen?" but he said
he noticed "It was always propounded
by those who, if they thought there
was any Idea of prosecution, would not
engage in public ' discussion on the
hustings and In the newspapers, but
would be quietly seeking steamship
tickets to foreign lands."
He did not believe the President yet
had exhausted all his powers, but he
said:
"I do say this message shows he ap
preciates his' duty." ' Loud Republican
applause followed this remark. The
message was, Cockran declared, an in
spired proclamation to the -American
people.' .
. Roosevelt a Crusader.
Cockran discussed the judiciary of
the country and said he had noticed in
his'own state Federal and state jus
tices leaving the bench to accept pro
fessional employment by corporations.
It was no wonder, he said, that the
public conscience should be alarmed.
He declared that Justlce..was the foun
dation of prosperity. It was,. he said,
only, the ragged, . the . rotten . and the
corrupt that had reason to fear the
light of publicity or the word of Jus
tice. "
"May the light never be obscued,"
he exclaimed, "and may the sword
never be sheathed."
Cockran referred further to the Pres
ident as a crusader, "the only one the
Republicans have," but he said the
President was disqualified.
"His nomination by you or us. would be
personal dishonor." The President had
renounced the field of politics and had
taken a noble position before the civilized
world. Never before In the history of
the country, he said, had a President still
in office been the object of the bitterest
attacks, hated as no hatred ever before
was treasured against a public officer;
yet able, while still in office, practically
to fix the conditions upon which the
parties will contend.
Bryan a Crusader, Too.
Thunderous applause grcetedi this re
mark, and one which followed, that there
was "a Democrat crusader in Mr. Bryan."
Ho did not think Speaker Cannon was
one, nor was Senator Knox, or Secre
tary Taft. Referring to Mr. Bryan, Cock
ran said:
"We have a crusader as to whom there
is some doubt as to whether he Is not
too strenuous. I opposed him in the past,
I might still oppose ljm. but I believe this
message has outlined the conditions un
der which ho becomes the foreordained
champion of law and' order."
The applause which this utterance
evoked among the Democrats was so great
that it was some time before Cockran
could proceed. Continuing, and still re
ferring to Mr. Bryan, Cockran said that,
if he declared himself the champion of
the principles which were directly and
Indirectly embodied In the President's
message, "if he represents the detcrmlna-
Concluded oa Page 2.)
T
BOYCOTT GETS
ANOTHER
BLOW
Supreme Court Ren
ders Decision.
CASE IS LOWE'V. APPEAL
Unions Not to Interfere With
Interstate Commerce.
THREE TIMES THE DAMAGE
Penalty Provided by Sherman Act
for Loss Sustained by Restraint
of Interstate Trade, Wblch, It
Is Alleged, Boycott Causes.
WASHINGTON, Feb. 3. Today for the
yilrd time within a month the Supreme
Court of the United States promulgated
an opinion construing laws adversely to
the contentions of organized labor. The
first of the decisions was rendered on
January 6, In the, case of some railway
employes who sought to secure damages
under what Is known as the employers'
liability act, which law the court held to
be unconstitutional. The second Impor
tant finding in this line was announced
January 23, when the Rrdman arbitration
act, forbidding the discharge of employes
because they are members of labor
unions was also declared invalid.
The verdict rendered today was the case
of Loewe versus Lawlor, the latter a
member of the Hatters' Union and the
former a hatmaker of Danbury, Conn.
The case involved the applicability of the
seventh section of the Sherman anti
trust law to conspiracies by labor unions
to boycott articles entering into interstate
trade. Under the terms of that provision
the complaining party, may collect three
times the amount of his loss, if the
charge Is sustained.
The union fought the case on the
ground that the law was inapplicable to
such organizations; but tho court, whose
opinion was announced by Chief Justice
Fuller, failed to -accept tHs-WeV,r nd In
effect held that the unions could not be
permitted to Interfere by boycott with the
free exchange of commerce between the
states. There w'as no dissenting opinion-.
After quoting-, many precedents and re
citing the complaint In the case. Chief
Justice Fuller continued: '
Opinion of Chief Justice.
The averments here are that there was
an existing interstate traffic between plain
tiff and citlzecs of other states and- tbat for
the direct purpose of destroying such inter
state traffic, defendants combined not merely
to prevent plaintiffs from manufacturing ar
ticles then and there Intended for trans
portation beyond the state, but also to
prevent the vendees from reselling the hats
which they had Imported from Connecticut,
or from further negotiating with plaintiffs
for the purchase and transportation of such
hats from Connecticut to the various places
of destination. So that, although some of
the means whereby the interstate traffic was
to be destroyed were acts within a state
and some of them were In themselves, ap'art
from their obvious purpose and effect, beyond
the scope of Federal Authority, still, as we
THE ACCUMULATIONS OF A . COLD ;DAY
have seen, the acts must be considered as
a whole, and the plan Is open to condemna
tion. Notwithstanding . . a considerable
amount of intrastate business might be In
jured In earning it out, if the purposes ot
the combination were.' as alleged, to prevent
any Interstate transportation at all, the fact
that . the means operated at . one end before
physical " transportation commenced or 'at
the other end after the physical transporta
tion ended, was immaterial.
' Nor can the act in auestlon be held In
applicable because the defendants were not
themselves engaged in interstate commerce.
The ' act makes no distinction between
classes. It provides that "every" - contract,
combination, conspiracy In restraint of trade
Is Illegal. The records of Congress show
that several efforts were made to exempt by
legislation organization of farmers and la
borers from the operation of .the act and
that all these efforts failed, so that the act
remained as we have It before us.
Statement of Counsel. .
Daniel Davenport, of Bridgeport. Conn.,
J
1 1 f - ! 1 t
! . j I
4 I w -v - I
I ' i!
I i-.-.' (W hii- -in -n-Y l:&Ai&zM I
J Crown Prince jLnla Philippe, of 7
I Portugal, Who Wa Aanaswin- 1
- - -sited With Klnar Carlos. .
associated with James M. Beck,-of New
York City, as counsel for the plaintiffs in
the. case of. Loewe versos Lawlor, today
made the following: statement regarding:
the decision:
The United States Supreme Court today, by
Its decision - In. the case of -Lotve versus
Lawlor. decided Illegal and criminal under
the Slrerrnan Anti-Trust Act all combinations
of working men to boycott the Interstate
business, pf . manufacturers who sell their
Roods in T other, states than, that of manu
facture. ' . .
. So Ions as the American Federation of
Labor-and other labor' unions resort'to the
boycott as a weapon of attack upon the
Interstate business of manufacturers they
are illegal and criminal combinations -and it
Is the "duty oT the repartment of Justice to
proceed against them the same as against
illegal .and, .criminal . combinations of - capi
talists. The court holds that the Sherman
Anti-Trust Act 'applies to . combinations of
ft-orklnsr meh' and 'of oapttallsts and for the
same reasons. ' This decision bears out trie
most . important .claims in the case of th
(Concluded on Pftse 2.)
PARTIES UNITE
AGAINST
1
New Cabinet Rules in
Dictator's Place.
HIS POLICY CAUSED MURDERS
Leaders of All Factions Share
in Government.
NATION SUPPORTS THEM
Monarchists Forget Differences and
Young King Trusts to Them De
tails of Assassination Plot.
Dead Lie in State.
LISBOM, Feb. 3. Under a new regime,
with a new King: and the establishment
of a new Cabinet, Portugal seems to be
for the moment at peace. There Is an
underlying current of revolution, how
ever, and the strictest measures are be
ing: taken to preserve order. At noon to
day an official statement was given out
that perfect order existed throughout
Portugal.
Franco, once' dictator, was forced to
resign because of the bitterneas of the
people against him, and the new Cabinet
will strive for the welfare of the father
land under the presidency of Rear-Admiral
do Amaral. Another official state
ment given out was to the effect that
the president of the Cabinet would be
supported by all the group's of monarch
ists, who had agreed tor forget previous
differences.
All Turn Against Franco.
The situation for Premier Franco after
the assassination of the King and Crown
Prince . became impossible. During the
days which preceded the tragedy and
during the tumultuous manifestations on
the streets, with the later discovery of
vast stores of arms ami bombs, public
opinion backed him in his efforts to
maintain order, but the murders changed
the entire complexion of ' the situation.
He has not been seen ' on the streets
since his meeting with the King immedi
ately after the latter's arrival from Villa
Vicosa, but all; possible places where he
might have been are closely watched and
guarded. - "
The new Cabinet, which Is composed of
the strongest members of various fac
tions, but ah opposed to Franco, has
drawn to It a strong patriotic support
ing movement. During the night Admiral
do Amaral and the chiefs of the mon
archist parties held a protracted meeting
and laid out a programme looking to the
pacification of the people.
Word has been received here that a
British fleet, the number of vessels not
being stated, passed Oporto this morn
ing, bound for Lisbon.
riot Carefully Prepared.
The investigations of the police show
that the murders were carefully
planned. On Saturday the asasslns met
secretly In the back room of a cafe
and there laid out every step of the
IN OREGON
- w I I
plot, which they were enabled to do,
as all the details relating to the home
coming of the King had been made
public. To each was assigned a posi
tion in the work of shooting down the
members of the royal family, but lots
were drawn for the selection of each
particular victim. Those who drew
Queen Amelie and Prince Manuel
failed to carry out their bloody task.
The identity of the third dead assassin
has been established. He was a Span
iard named Cordova. This man was par
tially identified soon after the tragedy and
his identification now has been confirmed.-
Oives L,lfe to Brave Soldier.
From an account given by an eye-wit
ness It appears that the Queen owes her
life to the courage of a soldier, who grap
pled with Buica as he was taking careful
aim at her, leaning his carbine against
the colonnade. The assassin fought des
perately to accomplish his purpose. Ap
parently there was an Interval between
the shooting of the King and the Crown
Prince, during which the Queen was try
ing to push from the step her husband's
murderer and the Crown Prince was fir
ing his revolver at the band. Suddenly
Buica stepped out from the colonnade a
short distance from the street and shot
the Prince. He then prepared to pick off
the 43ueen and Prince Manuel, when he
was frustrated by a soldier named Vali
CoBKTriiiniaa V. P. Heptiura, of
Iowa, AVho Declare People
Demand Messures Proposed In
Roosevelt's Menwnge.
ente, whom he wounded, the aide-decamp
Figueroa. and a policeman, who
dispatched the assassin with revolvers.
The chamber in the palace where re
pose the bodies of King Carlos and the
Crown Prince has been draped in
mourning and arranged, to. resemble a
chapel. The biers are surrounded by
lighted candles and . Queen Amelie,
widow of the King, and the Dowager
Queen ' Maria Pia, his mother, watch
continuously at the side of their dead.
Royalties to Attend Funeral.
The body of the King is clad In the
uniform of the commander-in-chief of
the army, while the Prince wears the
uniform of a captain of the Second
Lancers. Several masses for the repose
of the souls of the departed already
have been said in the mortuary cham
ber. The funerals will be held Febru
ary 8. and the bodies will He In state,
probably beginning tomorrow. It la
expected that the funerals will be at-
(Concluded on Page 5.")
CONTENTS TODAY'S PAPER
Th Weather.
YESTERDAY' S-TMaximum temperature, 34
degrees; minimum, 117 degrees.
TODAY'S Rain and , warmer: southerly
winds. .
Foreign.
New Cabinet, opposed to Franco takes of
fice in Portugal. Page 1.
Details of conspiracy of ' assassins. ' Page 1-
Hun&arian Diet refuses sympathy with Por
tuguese royal ;famlly. Page J.
Dudley opposes, coercion for Ireland and
Blrrell says - conciliation will be tried.
Page 5. . - .
Japan diverts emigrants to South . America.
Page 3. ,
National.
Bourke Cockran joins Republicans In prais
ing .Roosevelt's message.-- Page 1. ,
Piles makes speech for Seattle Fair In Sen
ate. Page 3. '
Bourne willing to withdraw Schuebel and
new candidate for District Attorney will
be named. Page 1.
Commission of Corporations tells effect of
publicity on trusts. Page 4.
Dynamite found in warship's coal. Page 2.
Politics.
Bryan again states attitude towards Demo
cratic nomination. Page 4.
Domestic.
Supreme Court declares boycott violates
anti-trust law. Page 1.
Plotter against Prince .Nicholas of Monte
negro captured in Arizona. Page -1.
Alienist examines Thaw at asylum. Page 2.
Steamer St. Cuthbert burned and 15 of crew
drowned. , Page 2.
Victory gained by prosecution in Pennsyl
vania Capitol graft trial. Page o.
Court of Appeals confirms verdict against
Hoge and Nitkell. Page 1.
Sport.
Kelly and Smlthson to compete in Irish
American sports at New York. Page 4
Pacific Coast.
Evidence goes to show that Convict Branton
wrote threatening letter to Governor's
son. Page 6."
Direct legislation not so very inexpensive.
Page U. j
Incomplete returns from Seattle primaries
"give Miller' lead In race for Republican
Mayoralty nomination. Page 7.
Commercial and Marine.
Paul Horst s views on future of hop market.
Page 15.
Good cash demand strengthens wheat op
tions at Chicago. Page 13.
Stork market dull and heavy. Page 15.
British steamship Mortlake rechartcred an4
ordered to . Portland to load lumber.
Pago 14.
Portland and Vicinity.
TVitness identifies Butte Creek map as that
sent to Jotin H. Hail in jaou. Page ll.
Investigation intp X-Radium Institute fol
lows Rowland exposure, page 11.
Colonel Benjamin F. Shaw, noted pioneer
warrior, dead. Page 11.
First snow of season falls in Portland.
Page 10.
Per diem charge for "foreign" cars heavy
tax on railroads. Page 7.
Lowit on trial on charge of stealing goods
' from Golden Eagle department store
Page 14.
Charles W. Walton gets new trial on tech
nicality. Page 10.
t lllfllllillliif :
f ' ft- V 5
j i t
BOURNE- READY TO
DROP SCHUEBEL
Will Suggest His Con
ditional Withdrawal.
BEGIN ANEW WITH GLEAN SLATE
No Opposition to Schuebel as
Assistant Attorney.
DELEGATION MAY CONSENT
New Stumbling: Block Is Bourne's
Objection to Bingham and Haw
ley's loyally to Him Action -Awaits
Return of Hawlry.
OREOONIAX NEWS BUREAU, Wash
ington, Feb. 3. The Schuebel case is
drawing to a close. The programme Is
all arranged and, if Mr. Schuebel grace
fully carries out the part assigned him
and asks that his nomination be with
drawn, the fight in the delegation will
terminate and steps will be taken to
select another .man for the office still
held by W. C. Bristol. Mrs. Schuebel
appears to be reluctant about relinquish
ing the. office for which he was nominated,
for not only was his heart set on becom
ing District Attorney, but, because of
the assurances given him by Senator
Bourne, he was cocksure of being con
firmed. Until recently Mr. Bourne believed no
serious fight would be made on Mr.
Schuebel or, if made, would not be suc
cessful, for he felt confident the Senate
would not reject a man nominated by ths'
President. Indeed he had an idea that
Senator Fulton would not carry his op
position to the point of securing rejection,
for he believed Mr. Fulton would not
care to antagonize the U'Ren-Schuebel
faction. But Mr. Bourne miscalculated,
as he realizes after weeks of waiting,
and is now anxious to extricate himself
and Mr. Schuebel from the extremely em
barrassing predicament In which they find
themselves.
Bourne Names Conditions.
It Is understood to have been Mr.
Bourne's suggestion that Mr. Schuebel
withdraw, but he coupled with that prop
osition two conditions: First, that no op
position should be made by any member
of the delegation to the appointment of
Mr. Schuebel as Assistant District Attor
ney in case Mr. Schuebel should desire
that office; and, second, that when Mr.
Schuebel should be eliminated, the dele
gation should begin again with a clean
slate and give him an opportunity to
participate in the selection of another
man for District Attorney.
He Is not willing to Join Messrs. Ful
ton. Hawley and Kills In their recom
mendation of George O. Bingham.
Should he do so, he would get no
credit for having Indorsed the win
ning candidate. Mr. Bourne dislikes
to eat crow, but. having consented to
do so, wants, the dose sweetened by
being allowed to have a hand In the
choice of a new- man, and present Indi
cations are. that this request will be
granted.
Hawley Stands by Bingham.
If the delegation does begin with a
new. slate, Mr. Bingham may not again
be Indorsed. Mr. Bourne Is opposed to
him because he declares Mr. Bingham
was formerly Southern Pacific attor
ney at Salem. Mr. Hawley, on the
other hand, sticks by Mr. Bingham and
insists that his connection with . the
railroad was not such as to influence
him in any way if appointed District
Attorney, and he for one will stand
loyally by the Salem man as long as
there Is a chance of securing his ap
pointment. . Mr. Hawley is now on his
way to Oregon to register, and the
delegation will take no action. In the
event of a new conference, until he can
be communicated with.
It is expected that Mr. Schuebel will
request the withdrawal of his nomina
tion within a day or two, and at the
same time Inform the delegation
whether or not he cares to be Assist
ant District Attorney.
AFFIRMS LOIR COURT
COXVICTIOX OF XICKEMj AND
HOCK TO STAND.
Circuit Court of Appeals Concludes
Hearing In Oregon Timber
Land-Fraud C.-cs. J
SAM FliANClSCO, Feb. 3. In the
United States Circuit Court of Appeals
today Charles Nickell appeared r.s
plaintiff In error against tho United
States ot America. Nickell was joint
ly Indicted with Henry W. Miller.
Frank E. Kincart and Martin G. Hofe
for subornation of perjury in Oregon
timberland frauds. Miller pleaded
guilty and became a witness for the
state. Nickell and Hoge were convicted
and Nickell sentenced. He had been a
United States Commissioner at Medford,
Or. Judgment is affirmed.
Kidnapers' Case Set.
SAN FRANCISCO, Feb. 3.-Tlie case
against Porter Ashe and Iuther Brown
for the kidnaping of Fremont Older,
managing editor of the Bulletin, was set
lor "trial on February 17.