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