Morning Oregonian. (Portland, Or.) 1861-1937, April 01, 1908, Image 1

Below is the OCR text representation for this newspapers page. It is also available as plain text as well as XML.

    V
.jossyt -
IP 4 1 i f , '
VOL. XLVIII. "0. 14,770..
PORTLAND, OREGOX, WEDNESDAY,
190S.
CENTS.
" '" " ' VK. ' . . " , " " - . , , ,
a tt? tt . i ion PKICE FIVE
CUT AND THRUST
IN VERBAL DUEL
Debate on National For
ests in House.
FIERCE ASSAULT IN BUREAU
Hepburn and Scott Contend
With Western Men.
MONDELL LEADS ATTACK
CuRhrnan and Bonynge Oppose Pin
cbot's Policy, Particularly la Ex
acting Payment for Water.
Smith Tiosea Temper.
WASHIVGTON, March 31. Alter having
undergone many changes, the paragraph
of the agricultural appropriation bill re
lating to the Bureau of Forestry was
finally passed by the House of Represent
atives. Mondell of Wyoming and Smith
-of California continued their attacks on
the bureau, and In this they were sup
ported by Bonynge of Colorado and
Cushman of Washington. These em
braced charges that the bureau had cre
ated timber monopolies in favor of large
corporations, lllegaly assumed jurisdiction
over water rights belonging to the West
ern States, and Juggled with figures 1n
order to obtain large appropriations from
Congress. The work of the bureau was
vigorously defended by Hepburn of Iowa
and Scott of Kansas.
Mondell Talks of Monopoly.
Mondell offered an amendment provid
ing that no part of the appropriation
shall be used to negotiate for the sale of
timber from any National forest at a
price above what would constitute a fair
and reasonable price for such timber were
it sold In competition with timber of like
character In the locality on land of pri
vate ownership. He charged that the
small rnlllmen had been driven out of
business by the Forestry Bureau, which,
he said, creates a monopoly in establish
Ins; vast reserves: "and then," he said,
'it usee tfhe monopoly to raise the price
of lumber."
Proposes 1'ree Water Rights.
Honynge offered an amendment provid
ing that no part of the appropriation
shall bo used by cither the Secretary of
Agriculture or the Bureau of Forestry In
the enforcement of any regulation "which
prohibits or attempt to prohibit the cltl
sens of the states wherein the National
t forests are located from nnnrnnrlaHna fnr
beneficial uses the waters of the National
streams thereon, according to the laws of
said states and the statutes of the United
States."
Bonynge read from a number of author
ities to show that the Government did not
own the waters of non-navigable streams.
On the other hand, he declared, those
waters were the property of the states,
and the Government had no right to
make a charge for them.
Whut Proposition Means.
This contention was combatted by
Scott, who said there was "nothing pro
found or unusual in the proposition.
Stripped of lis legal phraseology, the
proposition of Bonynge. he said, was to
allow any Individual or corporation to
use any land of the United States, to
the exclusion of any other Individual or
corporation, without money and without
price.
"The present conduct of the Forestry
Service." said Scott, "in requiring a rea
sonable fee to be charged when a cor
poration carries its works over land
owned by the United States, is only such
conduit as every private citixen exer
cises In tho management of his own busi
ness." Bonynge" amendment was defeated.
Mondell was by this time ready with
another attack on the Forestry Bureau.
He charged that by Its administration
citizens were In many instances denied
right-of-way across forest reserves. He
said:
The proposition is whether the States of
Maryland. VirKlnia, West Virgin. Nrth
Carolina. South Carolina and even the great
State of New York are to become Federal
provinces or remain a part of the sovereign
tatas, and whether this Forestry Bureau
shall persist In denying the cttlsens tha
right granted by Congress.
An amendment to meet this criticism
was lost.
Mondell Swings Miillclah.
Mondell next directed his attention to
the committee on agriculture and said
It had been In a reckless state of mind
when it allowed the Forestry Bureau
J100.000 more than had been estimated for.
He charged that, being a lump sum, it
could be used for any purpose, "Includ
ing advertising."
The statement was controverted by
Scott, who read a letter from Secretary
Wilson saying the I1W.000 was to cover
unforeseen items. " Scott defended his
committee, declaring it had prepared a
very conservative bill.
Charging that the Forestry Bureau
had. contrary to its own statements, ex
pended annually over $1,000,000 more than
It received. Mondell said that bureau
goes on "year after year. Juggling fig
ures." Ho moved to strike out the para
graph: "ISOO.OOO for the proper and econ
omical administration, protection and de
velopment of the National forests."
- Hepburn, speaking with much fervor,
criticised what he said were "the chirp
ings" against economy. As to the For
est Service, be said that the principal
objection had come from the committee
on public lands, of which Mondell was
the head. Twelve of its members were
from the states Involved. Every citizen,
he contended, had -""absolutely as much
interest in the Government's movements
for the preservation of cur forests as
those gentlemen have." He sarcastically
remarked that members of the public
lands committee had seen to it that
every acre of land in their states was
improved. "It is time," he asserted,
"they should be content with what they
have and not insist on grasping every
thing that still remains." .
Hepburn refused to yield to Mondell
for a question and, continuing, said the
United States should follow the exam
ple of European nations in conserving
Its forests. But,. he said, the members
from the public-land states, "are now
putting up some most preposterous
claims." ' He denied that the states
owned the waters of the non-navlg-able
I Representative F. V. Cushman, t
Representative jF. W. Cuhmaii,
of Wait hi n prion. One of the
Critic of lUnch ot Forestry
Policy.
streams of the forects. The water, he
contended, was nothing more than land
with water flowing: through it.
Incensed at the statements regarding
the public lands committee. Smith of
California sought to interrupt Hepburn,
who, however, refused to yield.
"You don't dare to!" Smith re
marked" This nettled Hepburn.
"Oh," said he, I don't know that
there is any power the gentleman pos
sesses to make me fear any question
he may ask."
Cushman Joins in Attack.
Cushman of Washington made a vig
orous reply to Hepburn. He held up
a map showing that the states Involved
were all located in the Far West, and
Bald:
"I think" the gentleman would not
look with sutfh complacence on the
Forest Service if that service would
go into his state and take 12 or 15
counties out of the middle of Iowa and
build a Federal, fence around It." He
was not, he said, crying out against
a reasonable extension of the Forest
Service, but charged that It has been
carried far beyond the point where It
ought to go.
Mondell's motion was lost, whereV
upon Smith apologized for his remark
to Hepburn, which, he said, was a slip
of the tongue, Taking one more ehot
at the Forest Service, he declared that
"this Is not a government by legisla
tion, but It is a government by stran
gulation' Largesse of Uncle Sam.
Replying to Cushman, Hepburn said
there was no propriety in such a ques
tion or such a comparison. In Iowa,
he said, the agricultural land was being
improved by a separation of Its title
from the Government. "Not so with
this great West," he said. "It was an
act of lar grease upon the part of the
Government to improve the waste
places and make them blossom into
tortile land for the benefit of all the
people."
The reading of the bill was resumed.
An amendment by Humphreys of Wis
consin to increase by $163,460 the ap
propriation for soil investigations ; ro
voked a long debate. After many Ive
minute speeches had been made for and
against the proposition, it was carried,
100 to S8.
The bill was laid aside lees than half
completed, and the House adjourned.
DEMOCRATS DEFEAT BILLS
INSURE ADVERSE REPORT OS
XEGRO SOLDIERS.
live Members of Senate Military Af
fairs Committee Secure Defeat of
Foraker and Warner Measures.
WASHINGTON". March 31. The five
Democratic members of the Senate com
mittee on military affairs today succeed
ed in defeating both the "Warner and
Foraker bills for restoration to duty of
the negro soldiers of the Twenty-five In
fantry, who were discharged without
hearing for the Brownsville. Tex., affair.
The success of the minority was accom
plished by voting as a unit against the
divided majority. The effect will be to
cause both bills to be reported adversely.
A majority vote of the Senate would
enact one of the bills, however, and Sen
ator Warner is hopeful that his measure
will yet become law.
The essential point of difference be
tween the two bills is that the Warner
measure provides that the President may
reinstate any soldier upon becoming sat
isfied that e is innocent- of the charge
against him. while the Foraker bill com
pels the reinstatement of such soldiers
If they take oath of their innocence.
When the committee met today. Sen
ator Warner moved to report his bill
favorably, whereupon Senator Foraker
moved to substitute his bilL The latter
mptlon was defeated, the five Democrats,
Messrs. Taliaferro, Foster. Overman,
Frasier and McOreary. joining with
Messrs. Warren. Lodge, Warner and
Dupont In opposing It. A Yce was taken
(.Concluded on Page ft.)
PUT THE SCREWS
ON VENEZUELA
Patience With Castro Is
Exhausted.
LONG COURSE OF INJUSTICE
Root Reports Refusal to Ne
gotiate Further.'
SCORN OF ARBITRATION
Property of Americans Confiscated
and Our Citizens Expelled Sen
ators Propose Prohibitive Tar
iff, Full Power to President.
WASHINGTON. March 31. The long
expected correspondence between America
and Venezuela respecting pending Amer
ican claims against the latter country
was submitted to the Senate today, and
Is almost certain to create a profound im
pression. It will be difficult to digest the
mass of material which Secretary Root
has placed before Congress, but even a
cursory inspection of the documents
makes it evident that negotiations have
reached a critical phase. The President's
realization of the fact is shown by his
transmission of the matter to the Senate
without any comment regarding the cor
respondence, and especially Secretary
Root's strong presentation of the Ameri
can case, as sufficient instantly to enlist
the attention of Congress.
All the correspondence and documents
were referred to the Senate committee on
foreign relations. Mr. Root will appear
before the committee tomorrow, ostensi
bly to discuss some of the treaties nego
tiated at The Hague, but It is expected
he will take up the Venezuelan affair and
suggest some action. t
Plans of Retaliation.
Those members of the committee who
have already familiarized themselves
with' the situation have arranged tenta
tively a programme which cor, big t -
three pro-positions, as follows:
Place a prohibitive tariff on Venezue
lan coffee, the exports of which consti
tute 45 per cent of the entire foreign
trade, and 90 per cent of the coffee being
taken by the United States.
Exclude all importations of asphalt
from Lake Bermudex, the product of
which is taken almost entirely by the
United States.
Authorize the President to exercise the
general power vested in him . to take
whatever steps he may consider neces
sary to treat with Venezuela in the fu
ture. The most interesting features of the
correspondence ane those in which Mr.
Root figured. Various attempts had
been made by preceding administra
tions to effect a settlement of the
American claims. Secretary Hay having
gone so far as to lay down what was
regarded as almost an ultimatum. But
all of these attempts failed of success,
and after a lapse of many months.
Secretary Root felt bound again to
strive to reach an agreement. In a
letter to Minister Russell on February
28, 1907, Mr. Root reviewed the diffi
culties encountered by the various
ONE MORE
American claimants, and instructed Mr.
Russell to demand remedy and redress.
In issuing- g-eneral instructions to the !
American Minister, Mr. Root said:
American Claims Scorned. i
Ton -will call the attention of the Gov- '
ernment of Venezuela to the fact that,
notwithstanding the long and unbroken
friendship manifested by the United States
for Venezuela; notwithstanding the repeated
occasions upon which the United States has
intervened a a friend In need to relieve
Venezuela from disagreeable and dangerous
com pi (cation with other powers; notwith
standing' the patience ami consideration
which has always character! red the action
of this Government toward Venesueht, the
Government of Venezuela baa within the
past few years practically confiscated or
destroyed ail the substantial property inter
eats of American in that country. This has
been done sometimes In accordance with the
forms of law and contrary to the spirit of
the law; sometimes without even form of
law by one device or another, with the
action of the government apparently al
ways hostile to American interests, until of
the many millions of dollars invested by
American citizens in that country prac
tically nothing- re ma-ins.
All Consideration Refused.
The claims aa outlined by Mr. Koot
were presented to Venezuela by Mr.
Russell, and the correspondence shows
they received scant consideration. On
that account Mr. Koot addressed another
letter to Mr. Russell dated June 21. 1907,
calling attention to the demands for an
amicable adjustment of the controversies
by means of requests made in February.
Commenting uporf Venezuela's failure to
take cognizance of the American claims,
Mr. Root in his letter said:
The Venesusta rovernment's answer to
these demands practically refuses consider
ation. It Is practically confined to a simple
denial of the correctness of the attitude of
this Government. The curt and con
temptuous way in which H lenores or dis
misses the serious and respectful representa
tions of the United States produces a pain
ful Impression of Indifference and disrespect.
With the patience, however, which haa
characterixed the actions of the Govern
ment of the United States in the past in ail
its relations to Veneruela. the Department
of State again instructs you to reiterate the
views expressed in the Instructions of Feb
ruary '28. last, and to make the following
brief reply to each of the t&lnts raised toy
the memorandum of Venezuela.
The claims are again reviewed and Mr.
Root concludes his letter as follows:
Root Offers Arbitration.
As to each and every one of the afore
said cases, in case you shall not receive a
prompt and favorable reply from the Gov
ernment of Venezuela, you will expressly
and formally propose to the Government of
Venezuela that the claims against that gov
ernment In respect thereof be submitted to
arbitration before the permanent court of
arbitration at The Hague, or, if Venezuela
shall prefer, before a tribunal of three
jurists, not members of The Hague tribunal,
to be selected in the usual manner.
On February 18, 1908, Mr. Root dis
patched a cablegram to Mr. Russell in
structing him to ascertain "whether the
refusal of Venezuela to accept -our pro
posal of arbitration is designed to apply
to each and every one of the five claims,
and if she is ready to arbitrate any of
those claims, and which ones she is will
ing to arbitrate. The reply of Mr. Russell
to this cablegram is the final paper in
the mass of correspondence relating to
the whole- subject of the efforts of the
United States Government to secure an
amicable adjustment of the claims of
American citizens. Mr. Russell's cable
gram sent from Willemstad. February 29,
IPOS, ii j foUowa-A - -
Venezuela Ends Negotiation.
The Venezuelan Government answered to
day my note sent in accordance with your
cable instructions of February 18. The Min
ister of Foreign Affairs states that Vene
zuela refrains from considering for the
present the question of arbitration because
the United States has not yet refuted the
arguments in the notes of July 9 and Sep
tember 20, in which notes Venezuela plainly
stated the grounds for refusing to arbitrate.
The note concludes as follows: '
Consequently as the oases referred to
can't be considered as being comprised
among those wh icti call for d iplomatlc
action, the Government of Venezuela would
view It with satisfaction if the Government
of the United" States would consider .this
question as closed, the parties interested
always having the right of recourse to the
tribunals of the courts of justice of the re
public, should they deem fit.
American Summarily Expelled.
In treating the various claims, Mr. Root
comments upon the expulsion of A. F.
Jaurette from Venezuelan territory sifter
the closing of hours of business. Mr.
Root says that the United States neither
questions nor denies the exercise of the
sovereign right to expel an undesirable
resident, but the justification must be
great and convincing.
"Otherwise," he said, "residence in a
foreign country would be neither safe nor
(Concluded on Page 4.)
FOR OREGON'S MUSEUM
BREAKS FAMILY
TIES FOR FRINGE
Anna Gould to Accept
Helie de Sagan.
RELATIVES MAKE NO DENIAL
Oppose Her Desire, Howeve,
as Long as Possible-
FIGHT FOR HER ESTATE
Has Removed From Sister's 1 Home
to Hotel and Kngaged Counsel to
Defend Property Prince Ad
mits Their Engagement.
NEW YORK, March 31. (Special.)
Despite bitter opposition on the part of
certain of her relatives and though a
family breach was precipitated by her
act, Mme. Anna Gould tonight finally de
clared her intention of accepting the hand
of Prince De Sagan. That her decision
to this end had been firmly announced
to members of her family was attested
by Mme. Gould's intimate friends and
advisers. It was not denied by George
J. Gould nor by Miss Helen Gould, the
brother and sister who have been most
determined In their opposition to the
Prince's suit.
Breaking finally with these relatives,
who had opposed her will, Mme. Gould
took up her temporary residence at the
Hotel St. Regis, occupying a large suite
adjoining the apartments of Mr. and
Mrs. Tyler Morse, through whose agency
she and the Prince have been enabled
to meet on previous occasions. Her three
children and all the personal servants
accompanied her upon her removal to the
St. Regis from the home of Miss Helen
Gould.
- Prince Gives Ont Statements.
Mme. Gould was confined to her bed
tonight by a severe attack of bronchitis.
Her.illntsa was admitted by the Priuce
de agaii. The Prince asserts further
that Mine. Gould had engaged Coudert
Brothers as personal counsel and was
prepared to contest in the courts any at
tempt to deprive her of her share of the
fortune of Jay Gould. Legal advice had
been received, he asserted, which held
that the codicil in the latter's will relative
to depriving any of his children who
should marry without the consent of the
majority of the executors of the estate of
one-half of their shares, would not with
stand an attack in the courts.
Fight for Her Estate.
If any attempt as made by the execu
tors to deprive Mme. Gould of any por
tion of her share of the estate under that
instrument, the legality of the will, in ac
cordance with plans already made, will
be assailed by legal action. Mme. Gould's
former marriage, so the Prince states,
she has been advised by expert lawyers,
abrogates that provision. It is said the
other members of the Gould family plan
to reduce Mme. Anna Gould's income,
which is now J250.000. Part of this sum.
however, is doled out to Count Boni and
his creditors. '
For the first time, too, the Prince de
Sagan tonight declared himself a formal
OF FREAKS
..........
suitor for the hand of Mme. Could. In
the same breath ho admitted the exist
ence of an engagement.
DEXIKS ALREADY MARRIED
Prince Says He Cannot Speak for the
Kuture, However.
NEW YORK, March SI. Prince Hello
de Sagan announced tonight that he
will sail for France April 9. and tha&
Madame Gould and ,her children will'
return to Europe just as soon as she
recovers from an attack of bronchitis;
with which she was overcome while
visiting Mr. and Mrs. Tyler Morse, at
the Hotel St. Regis on Monday. It
was stated tonight that Madame
Gould's condition was In no way alarm
ing. Prince de Sagan said at the Waldorf
Astoria: "I want to deny emphatically the re
ports that we have already been mar-
j j
Madame Anon Gould, Whoae De
termination to Marry Irlnre
Hell de Saltan Haa Caused a
Unarrel With Her Family.
Hed. ' That Is false. I cannot speak
for the future."
RAIDS TACOMA CARD JOINT
Deputy Prosecutor Marches Co Men
to Jail for Playing Poker.
TACOMA, Wash., March 31. (Special.)
In a smoke-filled room in tha second
story of the building occupied by the
Pullman saloon on Pacific avenue. 20 men
of various ages and professions wore ar
rested tonight while playing poker. The
raid was made by Assistant Prosecuting
Attorney Dow and two constables. While
awaiting reinforcements from outside, the
raiders for ten mtnult.t allowod the games
to proceed. In the meantime others, in
quest of an opportunity to try their luck
at the gambling tables, opened the door
with their private keys and walked in.
There were 19 at play when the invaders
entered and there were nearly 25 who
went to jail when it was all over. None
escaped. The place has been running for
several months. A thousand poker chips,
several scores of decks of cards and three
poker tables were confiscated. .
Riley Grannon Will Recover.
RENO, Nev., March 81. A special to
the Journal from Rawhide says Riley
Grannon, noted turf plunger, was pro
nounced by physicians this afternoon
out of danger. He had been reported
dying from pneumonia.
CONTENTS TODAY'S PAPER
The Weutfier.
TBSTEiRIAYS M&xlmum temperature. t3
degrees; mind mum, 38
TODAY'S Fair and warmer; North-westerly.
National.
Root reports on Venezuelan dlapute and
Senators propose retaliatory duties.
Page 1. 4
Another stormy debate In House on forestry
policy. Page 1.
Roosevelt appoints Hill Ambassador to Ber
lin. Page 4.
Democratic Senators defeat bill to re
instate Brownsville rioters. Page 1.
President of Electric Boat Company denies
all L-llley's charges. Page 3.
. roil tics.
Hearst may not get decision on mayoralty
contest before term ends. Page 1.
Congressmen forced actually to deliver cam
paign speeches. Page 16.
Indiana Republican leaders agree on plat
form. Page 4.
Parsons defeats Ode 11 In New York. Repub
lican primaries. Page 4.
Domestic.
Shut-down of ooai mines makes 250.000 men
idle. Page 4.
Anna Gould determined to marry De Sagan
and quarrels with family. Page X.
Sport.
Bloody fight between Nelson and Attell ends
in draw. Page 6.
Portland baseball team reaches San Fran-
slsco today. Page 10. .
Pacific Coast
Judge Dunne denies promise of Immunity
to Ruef. Page 5.
Krans to arrive at San Del go Wednesday.
Page 8.
Ixm Angeles horseman's divorced wife kills
rival. Page 3.
Walworth and son found guilty of murder
in second degree by Jacksonville jury.
Page 6.
Washington aspirants to legislative honors
fight shy of Senatorial pledge. Page 6.
Railroad Commission orders rates reduced
on O. R. N. Page 6.
Commercial mud Marine.
Firet session of Portland Board of Trade
today. Page 17.
Slump In stock market. Page 17.
Wheat prices break sharply at Chicago.
Page 17.
Better feeling in American and foreign wool
trade.. Page 17.
Regular line steamship' companies red tree
rates on wheat and flour to the Orient.
Page 16.
Portland and VWnity.
Dr. J. B. Whitney arrested for causing
death Of Miss Mabel Wlnt Page lO.
Mondell's land-grant resolution contains
joker. Page 11.
Members of Kxecutlva Board favor subway
under Willamette. Page 12.
Portland churches to treble donations to
foreign missions. Page 7.
Bar Aseorlatlon favors amendment ehang-
liic judicial syetem. page li.
T. M. C. A. physical directors win fight at
Seattle. .Page 12.
Mayor suggest purcbaae of street-If gating
system, page 11.
HEARST IS STILL
F
Legal Battle Dragging
Slow Course.
BALLOT BOXES OPENED SOON
Votes Will Be Recounted Be
fore Supreme Court.
TROUBLE NOT THEN OVER
McClellan's Attorneys Can Mill Hold
I'p Mattrr by objections and
Claims Suil May Not Ho
Ended Before May, 1909.
ROM
MAYOR
BY I.I.OYr T. lNERi5Ay.
NEW YORK, March SO. (.Special.!
Within a montli or six weeks, tlio 194$
ballot boxes, 'containing the votes east
at the Mayoralty elcetion of 190:.. will
be dragged Into the Supreme t'ourt and
there recounted in the presence of a
Jury. After the bitterest knd of a fight.
In the Legislature and In thu courts,
the controversy has finally reached a
stage where the matter can be threshed
out.
In November, 1905, tlcorgo t?. Mc
Clellan received a certificate of elec
tion as Mayor by a scant 3000 Totes
over William Randolph Hearst. It
was a mighty small margin, because
the three leading candidates, McClellan,
Hearst and Ivlns (the last-named the
Republican nominee, divided &0,&30
ballots among then).
Hearst contested the election on the
ground of fraud, and the legal pro
ceedings that followed demonstrated
the remarkable amount of law, and the
small amount of quick Justice, that can
be secured In New York State.
Ballot Boxes Kept by Law.
Senator John Raines drafted the
present ballot law. One of Its provi
sions is that, at the conclusion of the
count, the ballots shall be returned to
the boxes by the Inspectors In each
election district, sealed and kept In
violate in the cUNtody of tho Hoard of
Klectlons for six months.
Raines Is a lawyer of repute. He
has always insisted that this pro
vision was designed for use when a de
feated candidate alleged fraud. Other
wise, as he points out, why should not
the ballots be destroyed as soon as the
count Is completed? Why should the
city be forced to pay the expenee of
storing for six months if nobody could'
ever examine the ballots again?
Hearst applied to the courts for per
mission to open the boxes and have a
recount. He offered to pay all ex
penses himself. A Justice of the Su
preme Court granted an order along
the lines he hud asked. A second gave
McClellan a etay of proceedings, which
tied everything up again. The matter
went to the Appellate Division of the
Supreme Court, and thence to the Court
of Appeals. This latter tribunal, the
highest in the state, ruled that the law
did not provide for a recount, except
under the slow, cumbersome quo "war
ranto proceedings, which required the
consent of the Attorney-General.
Hearst's Bill Is Killed.
Whereupon a bill aimed to meet ob
jections raised by the Court of Appeals
was Introduced at Albany. A poll ot
the Legislature showed a big majority
for it In both house. It looked as If
Hearst had won out. That was In
March, 1906.
In the meantime a legislative commit
tee bad been passing on the merits of a
contested seat In the Assembly. The
members calmly opened a number of
ballot-boxes and recounted the votes.
No person or court prevented them. The
result in the few districts demonstrated
that Hearst had been defrauded of about
70 votes. Had anything like this ratio
kept up, McClellan's 3O00 plurality would
have been wiped out and a majority of
10,000 shown for Hearst.
The legislative committee opened no
more boxes. The members went back
to Albany. A few days later the re
count bill was killed, many Republican
members who had openly pledged their
support voting against tt.
This was In April, 1906.
A few days later Attorney-General
Julius Mayer was asked to begin quo
warranto proceedings. McClellan, through
his representatives, protested, just as
they had fought the original count pro
ceedings and the recount bill. The mat
ter dragged along for nearly two
months and then the Attorney-General
rendered his decision.
He decided against Hearst. That was
In June, 1906.
Fighting In the Papers.
Dtjrlng the remainder of the year the
courts and the Legislature had a rest,
the only righting by the Hearst men
being confined to long newspaper wails
of anguish. With the beginning of the
new year the feud sprang into life again.
Governor Hughes In his Inaugural
message called upon the Legislature to
pass a recount bill. A few months
later this was done. Almost simulta
neously Attorney-General Jackson, who
had succeeded Mayer, began quo war
ranto proceedings to oust MoCleltRn. act
ing on a petition submitted by Hearst
This naturally put McClellaa'a lawyers
-upon their mettle. They had two ad-
((Jerxclad! en Fax tki