VOL. XLVIII. XO. 14,752. FIVE CENTS. PORTLAND. OKJ-itiUA, TU1-.S.UA1., JJlAltUIl 1U, , 15HK5. PKICE SUPREME COURT FREES SGHIWITZ Finds Fatal Defects in Indictment. RUEF'S PLEA ALSO NULLIFIED Ex-Mayor Exults Openly in His "Vindication." "RAILROADED TO PRISON" fee-ren Judges Unanimous in Holding That Facts Stated Do Not Con stitute Crime Gives the Pros ecution a Severe Rnp. SAN FRANCISCO. March 9. -The Su preme Court this afternoon by unanimous i-ote handed down a decision denying the application of the prosecution in the San Francisco bribery-graft cases for a re hearing after a decision by the District Court of Appeals in the case of ex-Mayor Eugene E. Bchmits, convicted of extor tion in the French restaurant cases. Without a dissenting vote among the seven Justices, the. court sustained the ap pellate court in its- decision that the in dictment upon which Schmitz was con victed was defective in that it did not aver that Schmitz wag Mayor; that Ruef, his co-defendant, was a political boss practically In control of the city; that as such they were in a position to exercise power and undue Influence over the police commissioners, and that it did not show that Schmiti rasorted to unlawful means In threatening to have liquor licenses wilhhcld. f-chmil Crows Over Victory. "The decision demonstrates. ' said ex Mayor Schmltis. "that the highest court in the slats believes what I have always rlatmed. that I was removed from office and railroaded to prison." "The contention of tha respondent that the appeal was prematurely taken," says '.lie Supreme Court, "has no merit. Th court Is unanimous in the opinion that the District Court of Appeal was correct in Its conclusion that the Indictment was insufficient in that It did not show that the injury to the property threatened by the defendant u an 'unlawful injury.' This decision practically nullifies Ruef's plea of guilty to the same charge, invali dates the remaining four extortion indict ments against the ex-Mayor and Ruef, and will enable Bchmits, to gain bis liberty on ball after eight months' confinement In the county jail. Campbell, Metson and Drew, counsel for Schmlt, announced tonight that im mediate steps would be taken tomorrow morning for the ex-Mayor's release, and expressed gratification over the decision, declaring that It showed that the highest court in the state sustained the law In spite of public clamor and the denuncia tions and attacks of the press that fol lowed the decision of the appellate court. Crime Not Clearly Specified. After dealing exhaustively with the law, and numerous citations of authorities, the Supreme Court says: In this cjw the Indictment charges thut the defendant threatened the restaurant Keepers that, if mwiey nan not paid him. he wmi!4 prevent them from obtaining: or receiving a remit liquor Hc-nse and thereby deetroy or render unprofitable their restaurant business, of which the ale of liquor at retail formed the remunerative part. It la not Mated how the defendant proposed to do this, or how It M understood by the parties thut he would arcomplleh it. whether by fair per AU.ton and lawful influence over the Police t'ommiMiener or by duree. menace, fraud cr undue influence exercised upon them. This is not a case where It is sufficient to chsree n offense in the lansiisce of the etattite denntns it. The court cunttot assume. In the absence of an i mncnt to that effect, that Schmits was Mayor of the city, and an auch. in a position to exercise power and undue Influence ov.ar the members of the Police Commission, or that Ruef, his co-defendant, was a person in practical control of the city government because of his political activity and influence over the board, nor can It be inferred or presumed, when It la not so chanted, that the defendant threat ened to prevent the issuance of the license Tpy unlawful means and not solely by lawful and innocent perauaelon and argument. Prosecntlon Misstates Car. It is an elementary principle of crimnial law that the indictment must show that a crime has been committed. In no case can the Indictment be aided by imagination and pre-umptlon. The prceu motions ai all in favor of innocence, and if the facts stated may or may not constitute a crime, the pre sumption is that no crime Is chanced. The ttornea for the respondent base their application for a re-heating In this court s)ly upon the alleged errors of the Iis trivt Court in refusing to dl.'attlss the appeal and in hcldms the grounds to be insuf ficient, and expressly limit such application to these two points. They introduce their appli cation with the isLatement that they are con vinced that upon a full discussion of the. iaee "it will be found and decided by this cvui t that levying blackmail upon licensed businesses by the Mayor and political boss of a metropolitan community i a crime under the law of California and should not go un shipped of Justice. This is a gross misstatement i the case and of the question to be decided as pre sented by the Indictment. We again em ptmtie the fact that the, indictment does not aver that Schmlts was Mayor er that Ruef was a political boas, or that either had any power or tv.fluenc or control over the Police Commissioners, or that thev threat ened to use any such power, influence or con trol in preventing the issuance of a license. IIEXKV CALLS Ml'KFHY'S BIXFK Ruef Lawyer. Knrajced. Calls the Prosecutor a Liar. ft AN FRANCISCO. March !. The hos tility and bitter teelinj; between tiio prose cution and the defense in the case of Abraham Ruef. who has kept up a run ning fire of affidavits for the past month, to which no reply has so far been made by the prosecution, broke out in court this morning when the lie was passed be tween Frank J. Murphy, associate coun sel for Ruef. and Assistant District At torney Francis J. Heney. The trouble arose out of Murphy's at tempt to extricate himself from the pre dicament In which he had placed himself and Ruef by objecting to the continuing of the United Railroad trolley cases until March 18. which was immediately taken up ny Mr. Heney. "All right, then, we will go to trial Immediately," said the Assistant District Attorney. "We are ready; call the jury," replied Mr. Murpiiy. "Tour honor, we ask that the de fendant Ruef immediately be placed on trial on the Indictment charging him with bribing former Supervisor Daniel G. Coleman." said Mr. Heney, addressing the court. , Judge Lawlor immediately set the case for Wednesday morning at 10 o'clock. Seeing that the Assistant District At- . j - . j , : ' ? f . l ,mmmf ir.rifi.ftj'taMirmnrff . , lw trial I . Representative H. S. Boote'.l. of Illinois. Chairman of the Commit tee of Inquiry lato Representative l.illey'a Charges of Corruption. torney was In earnest. Mr. Murphy then endeavored to extricate himself, and explained that he did not really mean that lie was ready to proceed with the actual trial, and that he evi dently" had been misunderstood, and asked the court if it would not first dispose of the showing on the motion for a vacation of the arraignment, to which . the prosecution had taken a month to answer and had not yet filed its counter-affidavits. Mr. Heney said: "It is apparent that counsel is juggling with the court and is endeavoring to deceive Tour Honor. He said "w are ready, call the jurv.' ". "We are not as adept In deceiving the public .and the. court ss Mr. Heney when he stood before a jury and lied about the immunity," retorted Mr. Murphy hotly. This brought the Assistant District At torney to his feet in an instant, his face flushed with anger. "I ask that coun sel be punished for contempt for calling me a tiar, ana uemancl that the court order him to retract," said Mr. Heney, his voice vibrating with intensity. Judge Lawlor himself was disturbed by the threatened clash between the two belligerent lawyers, and quickly let Mr. Murphy feci his displeasure. "These remarks of yours which tend to disturb order here must be stopped, Mr. Murphy. The court orders you to make a retraction at once." "I retract so far as the court Is con cerned," answered Ruef's attorney, "but I demand that Mr. Heney also be made to retract that I am. juggling with the court." . Judge Lawlor paid no attention to this request and refused to change his order setting the trial, of. Ruef oh , another in dictment for Wednesday morning. Mr. Heney informed the' court that he would be prepared to file, all affi davits in - the prosecution's ., .counter showing by tomorrow morning. " ALLOWS NO TIPS. ON RACES Drastic Measure Against Betting Is Passed in Los Angeles. "LOS AXGKLMS, March 9. The anti-tip ordinance was passed, .by the . Council Monday afternoon over Mayor Harper's veto. Three Councilmen voted against the ordinance. . t The law is drastic, preventing the pub lication of any Information about races that has anything to do with betting. Not only does the ordinance prevent the local newspapers from printing the betting features of a race, but it pro hibits the selling of New Tork, San Francisco and other newspapers that con tain results of a race with the betting attached. The measure was not vetoed by the Mayor, but by hie secretary, while the Mayor was absent from the city. Upon his return the Mayor agreed to let the veto stand. CASTRO MUCH AGITATED Fearful of Attitude of In (ted States Over Claims. NEW YORK. March 9 President Cas tro, of Venezuela. Is showing much anxiety over the attitude taken by the United States in regard to the status of claims of Americans against that coun try, according to advices received by local Venezuelans. This was shown, it was stated today, by his recall to Caracas, of Augusto F. Pulido. until re cently Secretary of the Venezuelan Lega tion in Washington. Fulido. in the ab sence of a Venezuelan Minister at Wash ington, was the Charge d'Affaires. and President Castro wants him to make a personal report on the situation. Senator Pulido sailed for Venezuela Sat urday.. MUTINY IN CARACAS FAILS Castro's Soldiers Kill Commander, hut Bullets Force Submission. CARACAS. March 4. via Port of Spain, March S. An uprising occurred here last night in a barracks, the soldiers killing their commander. Gen eral Mesa. The - mutiny was quelled only after a number of soldiers had been shot. SAY ARMOR BELT PLACED TOO L Testimony Before Sen ate Committee. METCALF UPHOLDS THE NAVY Says Ships Are Superior to Any Other Country. CHARGES ARE MADE BEFORE Admiral Goodrich Says He Called Attention to Defects Pointed Out by Reuterdahl Department Is Averse to Suggestions. WASHINGTON, March 9. Testimony was, adduced today before the Senate committee on naval affairs which is In vestigating the criticisms of battleship construction showing that the location of the armor belt of American battle ships was too low. On the other hand, a letter from Secretary Metcalf was read, declaring it to be the opinion of the Board of Construction and of Rear Admirals Evans and Brownson that the armor belt lines of the battleships Delaware and North Dakota were right. The Secretary in his communication took occasion to declare that American battleships were superior to ftiose of any other navy. The witnesses today were Lieutenant-Commander Richard Waite, associate inspector of target practice, and Rear-Admirals George C. liemey and C. E. Goodrich. Goodrich Mentions Defects. Interest attached to Admiral Good rich's testimony because after the pub lication of the Reuterdahl article he said in ah interview that he had called attention years ago to such defects as were alleged by Reuterdahl. He as serted he believe! the American ships are good and that they are made bet ter. He was asked by Mr. Hal if he would subscribe to Reuterdahl's state ment that if our ships went Into action they would be no better off than the Russian ships when they - went Into battle with the Japanese. "Oh, no sir," he replied, his positive manner indicating that he thought that there could be no comparison. It was evident that Admiral Goodrich was seeking not to precipitate a con troversy. He was asked about the German navy "sticking" to the 11-inch gun. The Admiral said the 12-inch gun was bejter than the 11-inch and the 13-inch better than . the 12-inch. He was about to leave the stand when Senator Tillman called attention to the fact that Commander Sims a few days ago gave the name. of. Admiral Goodrich as one of the men who would corroborate him In the declaration that the department would not accept of ficers' criticisms. The Admiral looked annoyed. Location of Armor Belt. "Have you made reports to the De partment criticising any matter of con struction?" asked Mr. Tillman. "I have.'' replied the admiral, and VOTER IN TRAINING FOR THE COMING CAMPAIGN j t . T77is) yXi) 1 answering other questions, said he had criticised the location ef the armor belt. "What- do you think about it?" asked Mr. Tillman.' "I think just as Admiral Rentes' doe.5. " I "have" adopted his expression," said the witness cautiously. Pressed for more definite replies the witness said he thought the armor belt too low. - ,..'.' It 'was' suggested by Chairman Hale that a chance would 'have-to be taken as to .the condition" of the sea at the time'the ship went into action. "The whole naval life, Mr. Senator, Is a chance," the witness remarked. Suggestions to Department. Mr. Tillman teturned to the charge that officers had been discouraged from making: suggestions or criticisms, and demanded Admiral Goodrich's ex periences. "I have made several suggestions which have not borne fruit. Do you want a specific instance?"' "I want something tangible," replied Mr. Tillman. ' Admiral Goodrich said that in 190J he had reconimended-atiolition of the mili tary masts with their fighting tops. The ships now being designed, the ad miral said, do not have these fighting tops. - "Then . this recommendation did not fall on barren ground?" said Mr. Till man. "I cannot flatter myself that my let ter had anything to do with the deci sion to do away with this feature," said the admiral. The hearing will be resumed tomor row at 10:80 A. M. CHINESE HOLD MEETING RESOLVE TO RESIST RELEASE OF TATSU MARV. If Ship and Cargo Cannot Be Con fiscated. Boycott Against Japan May Be Started. CANTON. China. March 9. A mon ster. meeting was held here tonight to resist the demand of the Japanese gov ernment for the release of the Tatsu Maru. The meeting was attended .by a great number of prominent personages, who vigorously asserted China's sov ereign rights. A resolution was adopted to the effect that, falling the confiscation of the ship and her cargo, a boycott would be Inaugurated against Japanese man ufacturers. CHINA MAY BUILD WARSHIPS Also Borrows Large Sums for Rail road Construction. PEKTN. March 9. Financial repre sentatlves of no less than ten of the most important shipbuilding and armor manufacturing concerns of Great Britain, Germany and France are in Pekin looking for contracts, be lieving that China is about to expend $150,000, .100 - in naval equipment. Whether .this is so or not is not definitely known, but the war depart ment' will probably build training ships and river boats, various docks and wharves. Since the beginning of the year China has concluded railroad loans for a total of $32.-0O.0OO. Of this amount J17.i00.000 has been apportioned for redemption of concessions held by for eigners. The throne has announced its ap proval of the proposal to dredge the Grand Canal. JAP AX AND CHIXA NOT AGREED Incident of Seizure of Tatsu Maru Xot Vet Settled. PEKIN, March1 9. The Incident of the Tatsu Maru. the Japanese steamer that was' held up by the Chinese authorities on February 7, off Macao, in the belief that the cargo of arms and ammunition r Concluded on Page .?.) STERN REBUKETO KAISER-BAITERS Tweedmouth Will Not Publish Letter. ROSEBERY SCORES YELLOWS Calls Them Insane for Attacks on Germany. ENDANGER EUROPE'S PEACE Ei-Premler Reminds Britons That Enemies of Today May Be Friends Tomorrow Prince . to Visit the Kaiser. LONDON, March . The King has de cided to keep private the personal let ter written by Emperor TVillian to Lord Tweedmouth, First Lord of the Ad miralty, in which it was charged by the London Times that His Majesty at tempted to influence legislation in the matter of the naval estimates of Great Britain. How this decision, which was announced in both Houses of Parliament this evening, will please the country, re mains to be seen. Since A. J. Balfour, speaking for the opposition, indorsed the policy of the Cabinet, it may be pre dicted that the public may consider the incident closed. The character of Emperor William's letter is now generally understood. The specific passage is believed to be the re ference to Lord Esher, that he had bet ter occupy himself with drain pipes and keep his hands off the navy. Lord Esher was engaged In improving the dainage system. of "Windsor Castle, when Emperor William was there recently. An amusing feature f the affair is that all the sensational newspapers of Lon don are lecturing the Times for Its sen sationalism In exploiting the story. ' Instead of making public the letter, the leader of the government forces in both Houses of Parliament expressed astonish ment at the demand for the publication of a letter which .they described as private and personal. The statement of Lord Tweedmouth was followed by a severe lecture from Lord Rosebery to the British - yellow press for exposing the country to danger of war by continual provocation. In the House of Com mons an attempt to stir up debate on the subject was sternly frowned down. On the heels of this rebuke to the anti German element came the announce ment that the Prince and Princess of Wales will soon visit the German sov ereign. Purely Private and Personal. When questions on the subject of the letter were asked In the House of Commons by A. J. Balfour and otheT Conservatives, H. H. Asqulth, Chan cellor of the Exchequer, answered that he had nothing to add to his state ment of Friday, and that so far as he knew. Lord Tweedmouth had nothing to add to hta declaration beyond the fact that immediately upon the receipt of Emperor William's letter, the First Lord of the Admiralty 'Showed it to Sir Edward Grey, the. Foreign Secre tary, who agreed with the recipient that the letter had no official charac ter and should be treated as a private communication. "It is clearly out of the question." continued Mr. Asqulth. "to lay private and personal correspondence on the table." A question from Amelius R. M. Lockweek, Conservative, as to whether it was possible for a communication on such an. important question to be re garded in any way as private, drew a still more curt "yes" from Mr. Asquith and. (When he was asked to give the House an opportunity to discuss Lord Tweedmouth's conduct, ' the acting head of the government maintained a chilly silence. Tweedmouth Gives Xo Light. Later, In the House of Lords, the First Lord of the Admiralty was some what more comprehensive, but he threw no light upon the real contents of the correspondence. He did, how ever, describe the letter rom Emperor if "I. Earl ef Rosebtry Who IenouDcrd British Yellow Journal for Agi tation Afeainftt iennanj. William as "quite informal and very friendly." I-ord Tweedmouth expressed some surprise at what he called "the extraor dinary outburst of the press" during the last few days In connection with this matter. Continuing, . he vouch safed the Information that he had on several occasions received letters from the German Emperor, which had come in the ordinary way through the post office. The letter now under discussion was a private and personal one, Lord Tweedmouth declared; very friendly in tone and quite Informal. When It reached him. he showed it to Sir Ed ward Grey, -who agreed with him that it should be treated as private and not official. Accordingly, on February 20 he replied to the Emperor in the same friendly and informal manner. Foster Good Feeling. Lord Tweedmouth concluded by as suring the House of his firm belief that the course adopted was a good one and calculated to do what every body so earnestly desired, namely, fostering a good understanding be tween the German Empire and Great Britain. Lord Lansdown, leader of the op position in the House of Lords, twitted Lord Tweedmouth with not being able to keep his own secrets. The feature of the session in the House of Lords was a speech by Lord Itosebery, who had the Prince of Wales in a seat beside him. The ex-Premier (Concluded on Page 3.) CONTENTS TODAY'S PAPER The Weathrr. TESTERDAT'S Maximum temperature. 6:J deRree;-minimum, ao. TODAY'S Fair and cooler; easterly winds. Forefa-n. Britinh Cabinet refiue to publish Kaisers letter and : Koebery dennunci anti German yellow Journal?. Paa-e 1. Kin Alfonso starts for Barcelona to defy bembthrowem. Page 2. Professor Srhaefer aet valuable new hintori cal farts in Kngland on Oregon boundary dispute... Page 1. ' t Chinese mfetinjr at Canton protests against surrender to Japan, page 1. National. Howe committee begins inquiry into Iilley'a charges. Page 3. Navai officer testify armor belts are too low.,- Page 1. Bailey speaks against Aldrich bill. Page 3 Debate on shipments of Panama Canal sup- ' plies. Page 3. Witney argues in his own defense. Page 1. Wireless message gays fleet is near Acapulco. Page 4. Bidder charges Cansus Director North with giving false statistics. Page 4. Domretlr. Jury secured to try Alia at Denver. Page 2. Jerome answers charges, denying and ex plaining them. Page 2. Sport. American auto at laramie, far ahead of all others, page 3. proposed fight between Jeffries and Johnson. Page 2. Portland wins game with Santa Barbara High School. Page 3. Pacific Cooat. California Supreme Court sustains dismissal of Schmitz indictment Page 1. Father of Esther Mitchell Tequests arrest of Holy Roller Leader Hurt. Page . Harry Orchard must answer to charge of murder in Caldwell court today. Page . Tacoma promises exciting primary election. Pag 2 Commercial and Marine. Local butter market about to drop. Page 15. Government statistics on grain reserves. Pag 15. Stocks strong and in demand. Page 15. liraln exports for the first nine dsy in March exceed half a million bushels. Page 14. Portland and Vicinity. Councilmen clash over measure to bar women from saloons. Page 10. Judge cieland sustains initiative and refer endum amendment. Page Evangelical Alliance recommends church federation. Page 11. Traffic Director Stubbs. of Harriman system, discusses financial situation. Page 10. Port of Portland loses Federal damage suit. Page 14. Furrwture dealers deny existence of trust. Page 7. City cannot buy its own bonds except In competition. Page 7 School Board takes step to protect Quoits from fire. Pagt 7. GREAT LIGHT ON OREGON H STORY Shafer Gets Aberdeen Dispatches. WHY COMPROMISE WAS MADE Private Letters Explain Boun dary Settlement. AMERICANS HAD CONTROL Rush of Settlers Caused Britain to Concede Territory Between Co lumbia and Vancouver Island to the United States. l-OXDON. March . Thft innrr his tory of what ia known as the Oregon question, which brought America and , England to the verge of war in the forties of the last century, ia about to be given to the public. Profeasor Joseph Shafer, of the University of Oregon, who has contributed several books to the history of the Northwest, is now In London gathering the ma teria!. He has already had access to the correspondence on the subject in the archives of the State Department at Washington and the American Embassy in London, and is now going over the papers in the Colonial and Foreign offices. Secures Private Dispatches. What will, however, probably fur nish the most interesting 'data is the private correspondence of Lord Aber deen, at the time Secretary for For eign Affairs for Great Britain, and this has ben placed at the disposal of Pro fessor Shafer by Baron Stanmore, fourth son of that statesman. The question that has always puz zled the students of the history of the Northwest is why Txrd Aberdeen, after instructing the .Britian Minister that Kngland would insist upon the Colum bia fttver as the boundary, finally drafted a treaty- admitting the conten tion of the Americans that the forty ninth parallel was the proper line. There have been many answers to this question, but not satisfactory to the historians. The Hudson Bay Company, then a political power, was fighting to retain its posts on the Columbia River and Willamette River, and urged the British government not to give up a foot of land. The Aberdeen treaty gave up all the country south of the forty-ninth parallel, with the exception of the southern portion of Vancouver Island, where a certain company had an important post and large landed in terests. Why Aberdeen Gave In. Professor Shafpr is inclined to be llev'e that the letters of Lord Aber deen will disclose that private advices from the country pointing out the dif ficulty of governing the country and the influx of Americans, who out numbered the English, influenced the Foreign Minister in conceding the American claim in opposition to the company. STRING OF HALF TRUTHS W1LFL,EY SAYS CHARGES BASED OX PEKSONAL, SPITE. House Committee on Impeachment Hears Argument on Attack try Andrews. WASHINGTON. March 9. The upe clal committee appointed by Speaker Cannon to determine whether there is sufficient ground for the impeachment of I-r.' R. Wilfley. Judge of the United States Court for China at Shanghai, who stands accused of misconduct in office Jy Lorin S. Andrews and other American lawyers resident in Shanghai, today heard arguments srnd took the case under advisement. Representative Waldo, of New York, upon 'whose resolution the investiga tion committee was appointed and who has appeared throughout the taking of testimony as Mr. Andrews counsel, made the opening argument against Judge Wilfley, whose Impeachment he strongly urged. , Judge Wilfley followed in- his own behalf. He entered general and specific denials of wrongdoing of whatever sort and denounced his accuser as one who had strung together a long list of half truths and on their strength was try ing to satisfy a personal spite. Repre sentative Denby of Michigan, Judge Wilfley's counsel, closed for the de fense. The committee has not announced the probable date of its report or the na ture of Its findings and recommenda tion. Letter Request Illegal. WASHINGTON'. March 9. That a re quest for a campaign contribution made by letter is equivalent to a request made in person, where the letter is received and read, was held by' the 8upreme Court of the United States in the case of the United States against Edward Thayer, of Dallas. Tex., which in an opinion by Jus tice 'Holmes, handed down today, was decided in favor of the Government.