VOL. XL VIII. NO. 14,740. PORTLAND, OREGON, TUESDAY, FEBRUARY 25, 1908. PRICE FIVE CENTS. STRONG PROTEST TO Has Violated Treaty in Manchuria. AO EXCUSE FOR WAR SCARE Roosevelt Will Only Exert Moral Pressure. RUSSIA ALSO TO BLAME Both Are Seizing Power In China anil She Has Appealed to Roose velt Hay's Policy of Chines Entity Is Maintained. ("Walter We!lman to the Tteeord-Herald.) WASHINGTON, Feb. 24. (Special.) The lTnited States Government is preparing a formal protest against Japanese usurpation of territory and territorial control In Manchuria. This protest will soon be issued. It will un doubtedly be regarded as a sensational event all over the world. It will un doubtedly cause another war scare to run riot' in the press and in the minds of many men. The protest will be a strong: and earnest one and, though addressed to the Japanese government, it will prob ably be sent to all the powers in the form of a joint note. So far as the moral influence of the American Gov ernment can be exerted, everything possible will be done to compel Japan to observe her treaty obligations and to respect the territorial entity and administrative control of China. Only Exert Moral Pressure. But it should be fully understood at the outset that the United States will not go beyond exercising moral pres sure. There i no danger of war. The Japanese so understand it. They may heed the American protest and they may not. But if they do, it will not be because they fear the United States might resort to force to back up Its contention. Ever since the late John Hay ini tiated the open-door policy in the, Autumn of 1S9!, the United States has been regarded by all the powers as the leader in the movement to' protect China from aggression. But at the same time it has been as fully under stood by all that the American Gov ernment never had . any intention of resorting to physical force. Indeed, much of Its strength has been due to this common knowledge that the United States was playing no selfish game and that it was not threatening to Involve the world in war. Secretary Hay himself laid down the principle that, while the United States is inter ested in China commercially, and po litically cn account of that commerce and its possessions in the Far East, none of its interests were of such paramount National Importance as to require It, in any conceivable circum stance, to take an initiative that might lead to the use of physical force. follow Up Hay's Policy. This policy was supported by Presi dent McKinlcy and it has since had the support of President Roosevelt. The latter has no Intention of chang ing that policy, and Japan so under stands it. When the protest appears and the rumors of war fill the air,' It will be well to be forewarned as t- the actual intentions of the Ameri can Government, to the end that undue agitation may be averted. Japan is not behaving in Man churia as was required of her by the treaty of Portsmouth. Nor is Russia, for that matter. Each power is jeal ous of the other and each is seizing more and more the reins of local au thority and ousting the humble Chi nese. The Japanese are the most ag gressive. Their overbearing conduct has greatly incensed the. Chinese au thorities, and only today the cable brings news of a conference of the Chinese Governors of the three prov inces of Manchuria, to be held at Muk den next week. China Appealed for Aid. The Chinese government has made representations to Washington con cerning the seriousness of the situa tion, and our Government, in pursu ance of its settled policy, is preparing to exert its moral influence with Japan, and to ask other powers to do the same, for China's protection. While there is not the slightest dan ger of war between the United States and Japan over either the Manchurian or the Immigration question, there does exist here a great deal of curi osity as to how the Chauvinists, agi tators and "yellows" of Japan will re gard the efforts of the United States to bring their government to respect its treaty promises in Chinese terri tory. HOJjP COVFEREXCE AT MUKDEN China Puzzled as to Course to Adopt in Manchuria. PEKTX, Feb. 34. A conference on the existing situation in Manchuria is to take place in Mukden during the first week In March, when the governors of the three provinces composing Manchuria GOING 1 will meet Hsu Shth Chang, the Viceroy of Manchuria. Tang Shio Ti, the governor of Mukden, has been summoned to come to Fekln after this conference. The rea son for this step is that China Is appre hensive 'of further political surprises in Manchuria. She is mystified by the situa tion there, especially by the possibility of the establishment of various munici pal governments under Russian control, such as is the case at Harbin, as fol lowed by regulations for punishment of offenses against the Russian Imperial government and other ' sequences of the process of adjusting the municipal to the imperial authority. ' During the last few weeks Japan has reorganized the administration of Llao Tung peninsula. Among other things, she has extended the powers of the rail road police to take In the consular regions and has given the railroad offi cials limited authority over the consular officials. Since the opening of the Chien Tao boundary dispute, conflicts have arisen between China and Russia and between China and Japan over two additional points in the matter of trespassing upon China's sovereignty In many measures the question of railroad extension and of establishing independent municipalities, and China in calling the above-mentioned meeting at Mukden is trying to decide on a course of action. JAPAN BEGINS TO FEEL PANIC Will Call on Europe Tor Balances. Arfected by United States. BERLIN. Feb. 24. The tightening of financial conditions in Japan Is regarded by banks here as likely to result in the transfer from London to Tokio of a large portion of Japanese balances and somewhat to disturb European money markets. Japan's balances in Iondon are estimated at between J6O,O0O,00O and eTB. 000,000. At the Japanese Embassy the news of panicky conditions at Osaki, Kyoto and Kobe is discredited. but private advices to German firms trading In the Far East confirm the news of the scarcity of money. The stringency in the United States Is believed to be affecting Jaipan, especially as Japanese exports to the United States have fallen off to a considerable extent. The prolonged doubts concerning Japan's intentions toward the United States on the emigration question have tended to make European bankers with Japanese connections withdraw their loans and conduct their business with unusual caution. FULTON NEVER SAID IT HEARERS DENY HE ATTACKED ROOSEVEIT BANQUET. Senators of Both Parties and Corre spondents Sajr He OnJy Spot in Favor of the Party System. OREGONIAN NEWS BUREAU, Wash ington, Feb. 24. Senator Fulton's atten tion was today called to the newspaper report stating that he made an attack upon President Roosevelt In a speech at Senator Ankeny's banquet last Friday night. In answer to this story Mr. Fulton gave out the following letter addressed to The Oregonian correspondent, signed by several Senators and other guests at that dinner: . "We understand that a report ha been put In circulation to the effect that at a banquet given by Senator Ankeny last Friday evening. Senator Fulton criticlxed the President and the direct primary law. We were present when Senator Fulton spoke and we denounce the statement as wholly untrue. . "The speaker who preceded Senator Fulton stated that one of the pleasing features of such occasions was the ab sence of party lines, etc Senator Fulton, taking the statement for a text, pro ceeded in substance to say that In all seriousness there was too great a ten dency to eliminate party lines, that the best government is party government and that it will be an unfortunate day for our country. If the day shall ever come, when the people shall become the adher ents of Individuals seeking to advance their personal fortunes rather than mem bers working wlth.in the lines of political parties founded on principles. He did not say a single word that could possibly be construed as a reflection on. antagonistic to or In criticism of the President or his policies or of the direct primary law or the principles thereof." (Signed.) W. B. Heyburn. Reed Smoot, S. H. Piles. Frank P. Flint, Geo. C Perkins, Levi Ankeny, A. J. McLaurin, C. D. Clark: J. A. Breckens, correspond ent Portland Telegram; Charles G. Ben nett, secretary United States Senate. WOMAN COMMITS SUICIDE Despondent Because Her Husband Lost Money in Gambling. SAN FRANCISCO. Feb. 24. When the Coroner's deputies today entered the home of C. Leopold, a mining man recently from Mexico, to prepare for an autopsy on the body of Mrs. Leopold, who was found dead last night, pre sumably from natural . causes, they found a note Inside her corset show ing she had been driven to take her own life by the actions of her hus band, who, she asserted, was'spending all their money gambling In the rear of a cigar store on Fillmore street. An examination of the remains by Autopsy Surgeon Clark established the fact that there were traces of carbon monoxide in the stomach, and it is thought she died of gas asphyxiation. Her husband attributed her death to heart disease. FABULOUS STRIKE IS MADE Vein on Happy Hooligan Claim As says $79,600 to the Ton. RAWHIDE, Kev., Feb. 24. What is said to be the most wonderful strike In the history of mining In Nevada was made today on the Happy Hooli gan claim. Assays of the ore show values as high as 179.600 to the ton. The ground has been purchased by E. W. King, a banker of Bozeman, Mont. STATE MAY LIMIT WOMAN'S WQHK Oregon Ten-Hour La bor Law Sustained. WOMEN MUST BE PROTECTED Difference Between Sexes Makes It Essential. SAFEGUARD HUMAN ' RACE Federal Supreme Court Declares Women's Rlgtrt of Contract May Be Restricted In the Interest of the General Public. OREGON! AN NEWS BIT RE ATT, Wash ington, Feb. 24. The United States Su preme Court today upheld the constitu tionality of the Oregon law of February 19, 1903, providing that no female snail be employed in any mechanical estab lishment or factory or laundry in that state more . than 10 hours a day, the de cision of the State Supreme Court In the case of Muller vs. State of Oregon be ing affirmed. Muller was convicted of violation of this law and the State Su preme Court affirmed his conviction. Appeal was taken to the United States Supreme Court on the ground that the Oregon law Infringed the right of an In dividual under the 14th amendment to make her own contracts and on the fur ther alleged ground that this was class legislation, discriminating between the sexes. State May Protect Woman, In its opinion, rendered by Justice Brewier, the Supreme Court says it is undoubtedly true that the general right to contract la relation to one's business is part of the liberty of the individual protected by the 14th amendment, yet it is equally well settled that this liberty is not absolute and extending to all con tracts, and that a state may, without conflict with the 14th amendment, re strict in many respects the individual's power of contract. Continuing, the opin ion says: That woman's physical structure and per formance of maternal functions place ber at a disadvantage in the struggle for subsistence Is obvious. Continuance for a lone time on her feet at work, repeating; thl from day to day, tends to Injurious effects upon her body, and as healthy mothers are essential to vigorous offspring, to preserve the strength and vigor of the race, the physical well being of woman becomes aa object of public Interest and care. Well-Being of State Requires It. Differentiated by these matters from Mhe other sex. she is properly placed In a class by herself, and legislation designed for her protection may be sustained, even when like legislation Is not necessary for men and could not be sustained. It Is impossible to close one's eyes to the fact that she still looks to her brother and depends upon him, even though all restrictions of political, personal and contractual rights were taken away, and if She stood, so far as statutes are concerned, upon an absolutely equal plane with him, it would still be true that she is so constituted that she will rest upon and look to him for protection; that the physical structure and proper discharge of her maternal functions, having in view not merely her own health, but the well-being of the race, justify legis lation to protect her from the greed as well as the passion of men. The limitations which this statute places I f .jg7s (T 1 ' i . t ....... . mm7n 4 upon her contractural powers, upon her right to agree with her employer as to the time he shall labor, . are not Imposed ' solely for her benefit, but also largely for the benefit of all. Many words cannot make this plainer. The sexes differ In structure of body, In the functions to be performed by each in the amount of physical strength, in the capacity for long-continued labor, particularly ' when done standing, the influence of vigorous health upon the future well being of the race. In the self-reliance which enables one to assert full rights, and in the capacity to maintain the struggle for subsistence. This difference Just ifies a difference In legislation and upholds that which Is designed to compensate her for some of the burdens that rest upon her. Continuing the court says: Inherent Difference of Sexes, We have not referred In this discussion to the denial of the elective franchise in Oregon, for while that may disclose a lack of political equality In all things with her brother, that is not of Itself decisive. The reason runs deeper &nd rests In the inherent difference be tween the two sexes, and in the different func tions In life which they perform for these reasons, and without questioning In any re spect the decision in Ichner vs. New York ln which it was held that the New York : -.V 3P Judge F&rlfn Q. Ball, Who Rendered the Decision in the Illinois Central Case. law limiting tb hour, of bakers was un constitutional) ra are of opinion that it can not be., adjudged that the act In question la In conflict with th Federal constitution so far as it respects the work of a female in a laundry, and the judgment of the Oregon Gupreme Court is affirmed. , MARKS EPOCH IX IEGISLATIOX Decision Tends Towards General limitation of Working Hours. Laundrymen of this state resolved to test the 10-hour law for the employment of women, and Curt Muller, a local laun dryman, was arrested in 1904, charged with violation , of the statute. Muller was fined J10 In Justice Court, hut ap peals were taken . repeatedly until the case went to the Oregon Supreme Court and Anally to the United States Supreme Court. . The suit was largely a friendly one and was brought to test the law. The case just decided was argued at Washington last month by W. D. Fenton for the plaintiff and by Deputy District Attorney Adams for the state. By the decision just rendered this law Is estab lished In the state beyond question. "Twenty-two states have similar stat utes," said W. D. Fenton last night, upon hearing of the decision. "Thes laws have been overthrown in some states, while they have been upheld In others. The general drift of legislation is toward limiting by statute the hours of labor. This decision may mark art epoch In this class of legislation. Tt will (Concluded on Fate 8.) s .,.' . ,h A "V. . V ft ! Judge F&rlin Q. Ball, Who Reodered I the Decision in the Illinois Central I EVIDENCES OP PLOT ABE F A OUi Murderer Seen Point ing at Father Leo. COMPANION AGAIN ARRESTED Mike Brunette to Be Held Awaiting Developments. CHURCH IS RED ED I CAT ED Keoonsecratlon Awaits Bishop's Re turn Quick Trial for Assassin. Will Bo Brought Back to Denver This Week. DENVER, Colo., Feb. 24. It de veloped tonight that a woman, a mem ber of St. Elizabeth's Church, who was present in the church yesterday when Father Leo Heinrichs was shot by Gulseppi Alio, the self - confessed Anarchist, today told one of the priests of the church that a week or so ago she saw two Italians together in front of the church and that one of them was pointing toward Father Leo, who was standing- nearby talk ing to a parishioner. She Is certain that one of them was Alio and that ho was the man who apparently was Interested In ascertaining the identity of Father Leo. On the strength of this statement the police tonight again ' took into custody Mike Brunettl, the roommate and companion of Alio, who was arrested yesterday, but later re leased. He is being held for investi gation. The police are now working; on the theory that a well-laid plot for the murder of Father Leo had been worked out by. Alio and some of his associates, possibly Anarchists. Church Is Rededicated. - St. Elizabeth's Catholla Church, dese crated by the murder of Father Ieo Sun day morning, was rededicated with sol emn ceremony this afternoon. The serv ice was conducted by Rev. Percy A. Phil lips, chancellor of the diocese, having been authorized in a telegram from Bishop Matz, who is now in Los Angeles. The blessing today will be followed by re-consecration services upon the return of the bishop to the city. District Attorney George A. Stldger is arranging for a speedy trial of the man who killed Father Leo and who now is confined in Jail at Colorado Springs, un der strong guard. It is likely that he will be brought back to Denver the lat ter part of this week and arraigned on an information of murder in the first de cree. Yesterday the murderer said his name was Giuseppe Guarnacio, and from pa pers in his lodgings the police officials were led to believe that his name might have been Angelo Gabriel, but It is now believed the man's right name is Giu seppe Alio, as declared by him in a statement made in jail at Colorado Springs today. Body to Be Taken East. Father K. Euseblus, senior assistant pastor of St. Elizabeth's' Church, received a telegram last night from the Father Provincial of the Franciscan Brothers in Paterson, N. J instructing him to for ward the body of Father Leo to that city for interment. Father Euseblus will ac company the body. Funeral services will be held at St, Elizabeth's Church at 10 o'clock Wednes day morning, when solemn requiem high mass will be celebrated. Father O'Ryan, pastor of St. Leo's church, will deliver an eulogy and a ser mon against anarchy and socialism. - The funeral services will be attended by 600 members of the Knights of Columbus and the entire body of the Knights of St. John and Catholic orders. - SOCIETY TO WAR, ON CHTJROH Chicago Prelate Convinced of Exis tence of Anti-Clerical Body. CHICAGO, Feb. 24. That a society exists with warfare on the church as Its aim is the convlotlon of Rev. Ed ward F. Dunne, chancellor of the arch diocese of Chicago. Chancellor Dunne said tonight that he believed that Alio received his inspiration to murder at a meeting of the society In Chicago last December. "I have reason to think," he said, "that the Denver tragedy was nothing less than a starter in a general scheme to make good the anti-clerical society in civilization. It is said that Alio at tended such a meeting. I am told by competent authority that he was in Chicago at that time. It is reasonable to assume that he sought his own level. That level was the meeting which had been advertised in the Tri bune. So far as I am concerned, and I voice the sentiment of many Catho lics of Chicago, the impression is strong that . Alio gained whatever in spiration ho had for the Denver tragedy at that meeting on December 15." Chancellor Dunne was Informed to day by several Italian priests that a man answering the description of the assassin had been seen In several of the Chicago Roman Catholic Churches. BITTER AGAINST THE CHURCH Murderer Says He Is Glad of Deed. Story of Ills Life. COLORADO SPRINGS. Feb. 24. It ap peared from statements made by the murderer in answer to questions that when living in Italy he was expelled from the church in consequence of his an archistic teachings, and his wife then left him. Her desertion, it seems, fur ther enraged him against the church and priests, and when he heard the church bells ringing yesterday morning, he determined to go out and kill one priest at least and more if he could ac complish his murderous design. The murderer said today that Giuseppe Alio was his right name and that he was born In the City of Avalon, Sicily, August 10, 1857. He said he went to Buenos Ayres in 1906 and the revolver with which he killed Father Leo was purchased there. He arrived in New York City May 22, 1907, and left for Kansas the follow ing August. After working 43 days as a section hand at Ellin, Kan., he came to Denver November 9 last. Since then he had worked but little. - - In a statement made through an Inter preter the murderer declared that he alone was responsible for the crime he had committed. "I am glad I did It because it was in accordance with my principles," he con tinued. "I am an anarchist, a zealous one, and have striven hard all of the last 15 years of my life to carry out its pre cepts." "I was a shoemaker, apprenticed to the trade as a youth. Working In the shop beside me, I used to listen to the advice of an old man who had worked on the bench the best part of his life and who had given all those years, as I have since been (Concluded on Pass 8.) CONTENTS TODAY'S PAPER The Weather. YESTERDAY'S Maximum temperature, 49 degrees; minimum. 40 degree. TODAY'S Cloudy, with possibly rain; west erly winds. Domestio. Suspected accomplice of Guarnaecio mur derer of priest, arrested. Page 1. United States Supreme Court confirms Ore gon 10-hour law for women. Page 1. Engineers' and Longshoremen's strike ties up many ships at San Francisco. Page 4. Deeds of heroism on battleshls Maryland. Page 8. -v Foreign. British army and navy estimates show no sign of reduced 'armaments. Page 3. Debates on Congo In British Hons of Lords. Page 8- I Kasl found guilty and sentenced by Italian Senate. Page 3. National. Government to send protest to Japan against violation ef treaty In Manohurla. Page 1. Submarine boat Lake sunk maliciously. Pago 2. Supremo Conrt decides rebate ease against Great Northern Railroad. Page 2. Judge Groescup and other railroad stock holders accused of criminal negligence. Page Z. .4.-' American sailors see exciting bullfights at . Lima Page 1. Speaker Cannon overrules bl own commit tee in house. Page 3. Gallinger speaks for ship subsidy in Senate. Page 3. Polltica. Saort. American auto stuck in snow In Indiana. Page 4. Many senators deny Pulton attacked Roose velt at Ankeny banquet. Page 1. Pacific Coast. Tjnen announces candidacy for United Slates Senate. Paso a Opponents of women's suffrage file argument at Salem. Page 6. Frank Purcell and wife Jest at publicity their marriage has brought about. Page fi. Commercial and Marine. Prune holders trying to create demand. Page 15. Sharp advances In Eastern and foreign grain markets. Page 18. Kew Torlc stock market lacks animation. page 15. French baric Mollere is ordered to the Co lumbia River. Page 14. Portland nnd Vicinity. Waymlre-Raddlng case will go to Jury to day. Pago 10. Railroads must not discriminate against warehouse in supplying car a Page 5. Heated debate before Council 'committee over Mount Hood Railway franchise. Page 7. Council probes furniture dealers under anti trust law. Page lO. Orders given for resumption of work on Knappton extension of Ilwaco road. Pagell. Republicans fear plan to pack precinct iTKWtlngs with Statement No. 1 men. Page 1. Commercial Club will aid National Guard to secure rifle range. Page 5. Constitutionality of Port of Portland Is sustained in Federal Court. Page 7. Saloonkeepers to assist Council In suppress ing Joints. Page 16. Funeral of E. M. Brannlck. Page 9. Divorce runs in Carmack family. Page 14. AMERICAN TARS SEE BULL FIGHT Matadors Tossed and Gored in Ring. ONE IS WOUNDED TO DEATH Notables and Beauties t)f Lima See Great Sport, ; BRILLIANT SCENE OFFERED! Ovrr 5000 Ten From Flee Mltness Battle In A r nna n ort to Ar. ! rive at Ssn Francisco Before May a 5, LIMA, Feh, 24, Ten thousand, spec tators, more than half of whom were officers and men of the American fleet, witnessed a thrilling bullfight this j afternoon. President Pardo and his staff occupied the principal box. and the adjoining boxes were filled with i the higher officers of the visiting war ships. Society, too, was prominently j represented, and the enthusiasm was unbounded. The dangers of bullfighting "were i graphically Illustrated, for the first bull in the ring tossed the chief mata dor and disabled him for further work. The fifth bull gored the throat of the second matador, and he was carried bleeding to his quarters. It is not like ly that he can survive. The spectacle of officers in uniform, ladles in gorgeous gowns and picture hats, as though attired for some after noon reception, and thousands of sail ors gathered around the ring, was a brilliant one. The bands played "Hall Columbia," and "The Star-Spangled Banner," during which all stood up. They stood again at the arrival of the President of Peru, when the bands played , the Peruvian national anthem. Thursday being President Pardo s birthday, there will be another bull fight. The battleships of the American Navy still are as strong an attraction to Pe ruvians as on the morning of their ar rival. Yesterday there were 30,000 vis itors in Callao. The regatta went ofT splendidly. In the contest for six-oared boats the winning boat was the Peruvian transport Iqui tos The second boat was that of the Captain of the port, the third repre sented the transport Chalaco and the fourth the battleship Kentucky. The dis tance was two miles and the time of the winning boat 15 minutes 46 2-5 seconds. The crew from the Louisiana finished first in the race for 12-oared boats and that from the Georgia took second hon ors. The body of P. R. Lewis, a sailor of the battleship Illinois, who died Saturday, was brought ashore yesterday and in terred. Fifty men from the Illinois at tended the funeral. REACH BAY CITY , BY- MAY 15, Movements of Fleet Xorth of Magda- lena Bay Uncertain. WASHINGTON, Feb. 24. Governor Glllett, of California, today talked with Secretary Metcalf regarding the move- , ments of the battleship fleet on the Pa cific Coast after it leaves Magdalena Bay for the North. The Governor wants to ascertain, approximately at - least, : the dates on which the vessels will j stop at the various places along the Coast. Because of the Indeterminate time at which the vessels will leave Magda lena Bay, it is not possible to fix defin itely the future itinerary. Mr. Metcalf, however, told the Governor that the fleet would be at San Francisco before 1 May 15. A private letter received at the Navy Department today says the Mexican government contemplates making Mag dalena Bay, where the Atlantic battle ships will have extensive target prac tice, a port of entry, with a municipal ; organization and a mounted polica force. The fleet will . be in the bay about a month. The Mexican govern ment has given permission to the Unit ed States to anchor three barges in ; Magdalena Bay with coal for tho ; American vessels. Assistant Secretary Newberry has now before him a propo- ' sttion to purchase three vessels for this ' purpose. FROZEN' AT POLICEMEN'S BALL i Men From AVarehlps Furious at the. Snubs They Receive. SAN FRANCISCO, Feb. 24. The Bulle tin says: The very first welcome to the sailormen of the visiting fleet has proved an unfortunate one, which promises to develop an antipathy for San Francisco entertainment among the Jackie3 not easy to eradicate. Tt occurred last night at the policemen's ball and In some de gree paralleled the incident at Portland. Me., where sailors were excluded from a dance because of their uniform, and which so incensed Admiral Kvans that he do- , ' clared no ship of his would ever visit ; that city again if he could induce the Navy Iepartment to cancel the order. J. H. Meegam and John Franks, of the IConcluded on Pace &.