Morning Oregonian. (Portland, Or.) 1861-1937, April 28, 1908, Image 1

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VOL. XLVIII NO. 14,9X
PORTLAND, OKEGOX, TUESDAY, APRIL 28, 1908.
PRICE FIVE CENTS.
PLEADS
FOR
ANTI-TRUST
President Strongly
Urges Congress
to Action.
FEDERAL ARM IS WEAK
Must Be Strengthened to Deal
With Lawbreaking Cor.
porations.
RESTRICT INJUNCTION POWER
Reform in This Respect Not to
Be Longer Postponed.
PEOPLE ARE DETERMINED
Executive Warns Congress That
Abuse of Judicial Discretion
Threaten to Destroy System.
Answers Iabor Leaders.
WASHINGTON. April 27. President
It nose veil this afternoon sent to Con
press a special message Betting: forth
Jn the strongest of terms the necessity
of Immediate legislation strengthening;
the anti-trust law. He reiterates his
well-known views as to the grave dan
ger to free institutions from the cor
artipins; Influence of great wealth sud
denly concentrated in the hands of the
few, and urges the Immediate passage
of measures similar to thoee he advo
cated In his former message on the
tame subject.
Such legislation, he says, will be In
the Interest of both the decent corpora
tions and the law-abiding labor unions.
In this connection, he sounds a warning;
to the labor leaders who have object
ed to the inclusion of labor organiza
tions In the anti-trust law amendment,
and says plainly that the exception of
the unions from the operation of the
law would render the measure invalid.
No Danger to Labor.
The legislation he proposes, he
points out, will not Interfere in any
way with the right of the laboring- men
to combine, to conduct peaceable
strikes, to make trade agreements with
their employers and to perform other
legitimate acts. There are, however,
he points out, cases In which trades
unions may take themselves from
under the protection of the law by
attempting to interfere with or re
ts train Interstate commerce, as, for ex
ample, by boycott or blacklist. Hence
the necessity of their inclusion lit the
trust-law amendment.
In this connection the President
pleads for immediate legislation for
the preservation of the Injunction
power, the abuse of which, he declares,
has placed it In jeopardy from Its ene
mies. This reform, he says, must be
granted lit once, inasmuch as the peo
ple demand It and experience has
fhown that their demands cannot safe
ly be ignored.
Probe Kail road Rooks.
Among: other matters touched upon
in the message is the necessity for an
appropriation sufficient to permit the
examination of railroad books of ac
counts and record under the provisions
tf the Hepburn law. which, it Is stated,
will be shorn of most of its valuable
feature if the Interstate Commerce
Commission Is not given means with
which to conduct Its Investigations Into
the operation of railroads Incompet
c-ntly or corruptly managed.
Conditions in both the Senate and the
Horn o. wore such that the special mes
sage received but scant attention. The
message arrived late in the day and the
Houe was so tied up under Its new rules
that it could not officially receive it, while
the Senate was in the midst of the con
sideration of the naval appropriation bill
under the ton-minute rule when the docu
ment reached that body.
Document Not Head.
Unlike the House, the Senate perfmtted
the formal presentation, but it could not
at that time be laid before the Siate,
and by the time the naval bill had been
disposed of the hour was so late and the
attendance so small that no attempt was
made to read the document. The first
few lines only had been pronounced by
the clerk when it was suggested that the
further reading should be postponed until
tomorrow. This suggestion was adopted
end the Senate adjourned.
following Is the message:
To the Senate- and Houe of Representa
tives: In my message to the Congress of March
35. IPOS, I outlined certain measures which
I betisve th majority of our countrymen
dwir to have enacted Into law at this
time. These measures do not represent
LEGISLATION
hr A.nr means all that I would like
d.-ne lr I thought It poIM, but they do
represent wtiat 1 believe can now b done
If an earnest effort toward this end is
m4e.
Stnce, I wrote this .message an employers'
liability law ha been enacted, which. It
la true, romen ahort of what ourh-t to have
been done, but which do-ps represent a real
advance. Apparently there in good around
to hop thai there will bs rurther legisla
tion providing for reconvperinic all em
ployee who suffer Injury while enraged in
the public eer-vlce; that there wlU be a
child labor law enacted for the restrict of
Columbia; that the waterways commission
will he continued with sufficient financial
support t lncreaae the effectiveness of it
preparatory work : that eteps will be taken
to provide for s-iieh Investigations Into
tariff conditions by the appropriate commit
tee of the Houae of Representatives and by
Oovemment esperta In the executive serv
ice an mill secure the full Information nee
eaaary for intelligently revising the tariff at
the hands of the t'ongreae elected next
Fall, and. finally, that financial legislation
will be enacted providing for the tempo
rary measure for meeting any trouble that
may aiife In the next year or two, and
for a commission of experts who shall thor
oughly Investigate the whole me.tter. both
here and In the great eommerclM countries,
po as to b able to recommend legislation
which, will put our financial system on an
efficient and permanent basis. It Is much
to be wished that one feature of the finan
cial legislation of this session should he
Irr 1
! i - J f"
:. . 1
' xt ' f
4 fcaastwsMSBiiaMaaisiaaiiiaisw f
W. F. McGregor, Recommended By ?
the Oregon Delegation for Cot-
lector of Customs i Astoria.
the establishment of postal savings banks.
Ample appropriation should be made to
enable the Interstate- Commerce commis
sion to carry out the very Important fea
ture of the Hepburn law which gives to
the commission supervision and control over
the accounting systems of the railroads.
Failure to provide means which will enable
the porn mission to examine the books of
the railways would amount to an attack
on the law at Ita most vital point and would
benefit as nothing else could benefit those
railways which, are corruptly or incompe
tently managed. Forest reserves should be
established throughout the Appalachian
mountain region wherever It can be shown
that they wilt have a direct and real con
nection wfch the conservation and improve
ment of navigable rivers.
Power of Injunction.'
There seems, "however; much, doubt about
some of the measures I have recommend
ed: The measure to do away with abuse
of the power of Injunction and the meas
ure or group of - measure to strengthen and
render both more efficient and more wise
the control by the National Government
over the great corporations doing an In
tsrstate business, first as to the power of
injunction and or pumsnment ror con
tempt. In contempt case, save where
Immediate action is imperative, trial should
be before another Judge. As regards In
junctions, some such legislation at that I
have previously recommended should- be
enacted. There are those who fail to rea
lise the extreme bitterness caused among
large bodies of worthy citizens by the use
that has been repeatedly made of the power
of injunction in labor disputes. Those In
whose judgment we have the most right
to trust are of the opinion that while most
of the complaint against the use of the
injunction is unwarranted, yet that it is
unquestionably true that In a number of
cases th Is power has been used to the
rRKHTIVEXT'S ADVH'K TO LABOR
niOXS WITH RKOAIU TO ,
ANTI-TRUST LAW.
A strong effort has been made to
have labor organizations completely
exempted from- the operations of the
law, whether or not their operations
are In restraint of trade. Such
exemption would make the bill un
constitutional. . . It Is not pos
sible wholly to exempt labor organ
izations from the workings of this
law, and they who Insist upon wholly
exempting them are merely providing
that their status shall be kept wholly
unchanged, and that they shall oon
tintie . to be exposed to the action
Which they now dread.
Obviously an organisation - not
formed for profit should not be re
quired to furnish statistics in any
way as complete as those furnished
by ogranlzaUons for profit. More
over, so far as labor Is engaged in
protection only, its claims tp be ex
empted from the anti-trust law are
sound. This would substantially
cover the right of laborers to com
bine, to strike peaceably and; to enter
Into trade agreements with employ
ers. But when labor undertakes in
an unlawful manner to prevent the
distribution and sals of the products
of labor ... It has left the fold
of protection and Its action may be
plainly In restraint of Interstate trade.
grave Injury of laboring men. I ask that
It be limited In some such -way as that I
have already pointed out in my previous
messages, for the reason that I do not wish
to see an embittered effort made to de
stroy it. , It is unwise stubbornly to refuse
to provide against a repetition of the
abuses which have caused the present un
rest. In a democracy like ours it is Idle
to eapect permanently to thwart the de
termination of the great body of our citi
zens. It may be. and often is, the duty of
a court, a legislature or an executive to
resist and defy a gust of popular passion;
and most certainly no public servant what
ever may be the consequences to himself,
should yield to what he thinks wrong.
But In a question which is emphatically
one of public policy, the policy which the
public demand is sure to be adopted In
the end. and a persistent refusal to grant
to a large portion of our people what Is
right is only too apparent In the end to
result fn causing so much Irritation that
when the right is obtained It is obtained
in a movement so Ill-considered and violent
as to be accompanied by much that is
wrong. The process of Injunction in labor
troubles, as well as where state laws are
Involved, should be used sparingly and only
when there la the clearest necessity for it,
but it is one so necessary to the efficient
performance of the duty of the court In
behalf of the nation that it is in the high
est degree to be regretted that it is liable
to reckless use; for this reckless use tends
to make honest men desire so to hamper
Its execution as to destroy its usefulness.
Every far-sighted patriot should protest,
first of all. agaipst the growth In this
court-try of that evil thing which is called
class consciousness." The demagogue, the
(Concluded on Far 5-)
DISGUSTED WITH
SANTA BARBARA
Officers and Men of
Fleet Complain.
RECEPTION A DISMAL FAILURE
City's Guests Shabbily Treat
.ed by Committee.
HELD UP AT EVERY TURN
Hotels, Restaurants and Shopkeep
ers Spare None in ReaplajSr liar,
vest of Coin Society Set Mo
nopolizes the Fun.
SANTA BARBARA, CaL. April 27.
(Special.) Twelve dollars a day for a
room, 10 cents for a piece of pie, 60 cents
for a bottle of beer, 5 and 10 cents for
souvenir postal cards.
These are a few of the local conditions
which confront officers and men of the
battleship fleet In Santa Barbara. This
city Is noted as one of the tightest and
most sedf-satisfled and self-complacent
cities on the Pacific Coast. The ar
rangements for the fleet celebration have
been In the hands of an exclusive social
clique who have evidently designed to
make the whole business redound to
their glory and name.
Prefer Ships to Shore Icave.
To say that the officers of the fleet are
"sore, the blue-Jackets and marines dis
appointed and the general public dis
gusted is to say no more than the truth.
Vast Indifference has been manifested by
the gentlemen in charge of the fleet re
ception as to the pleasure and comfort
of their guests, the officers and men of
the fleet. No arrangements have been
made for the entertainment of the merl.
They do not care for tennis, the only
sport recognised In this remarkable lit
tle hamlet, and they are one and. all re
pining . the happy hours they spent is
Los ngelcs and wishing thqy were back
there. -
A bunch of them got together today
and sent the following telegram to Mayor
Harper, of Los Angeles: "Nothing doing
here. Can't you get us transferred back
to Los Angeles? Other telegrams were
sent to Los Angeles by other groups of
sailors along the same line. Tbe men are
disgusted. Many of those who were
given shore leave returned to the ships
after a couple of hours spent ' in the
city. "Nothing doing" they reported to
their comrades aboard ships.
Scant Courtesy at Reception.
Admirals Thomas Sperry and Emory
with their chief subordlnant officers re
turned the visit of the Mayor promptly,
but were received with such scant
courtesy as to wound them. Fewer mem
bers of the reception committee were
present than there were officers. The
Admirals were presented with a small
box of crystalized fruit and a pot of
carnations.
The officers wives who are staying in
the city are complaining over being
charged $12 a day for rooms. Newspaper
men with the fleet are charged the same
prices.' Every visitor in the city is COm-
'NO MATTER WHAT; HAPPENS YOU HAVE
WILLIAM, DEAR."
plaining of the way they are "being held
up" by the hotels, restaurants and fakers.
Jiot Equal to Great Occasion.
There are so few lights at the pier that
landing from the battleships launches
after dark is dangerous because of the
heavy swell, and the fleet is practically
Isolated after t o'clock. The society
people of Santa Barbara and adjacent
cities are having a great time, but tht
reception to the fleet is a frost as far i
the fleet is concerned.
The floral parade was a very prettj
thing today and the society people wha
performed there-in are well satisfied, hut
the newspaper men and photographers
who were forbidden to appear on the
line of the parade unless dressed In Im
maculate white are not over enthusiastic.
All In all, Santa Barbara has fallen
XjtwrefKW O. Murray. Who Becomes
Controller of the Carrency Today.
down. The town is not big enoueh for
such an event and the people are not
broad-minded enough to rise to the ov
caslon.
IJjOUAD PARADE ELABORATE
Bomba rdment of Flowers Unique
Feature of Celebration.
SANTA BARBARA, April 27. Today's
floral parade and battle of flowers was
the most elaborate spectacular affair of
its kind ever attempted In Southern Cali
fornia, The committee in charge of the
entertainment here concentrated all Its
efforts and made lavish expenditure of
money In carry-im? out the artistically
planned display. Stewart Edward White,
the novelist, was chairman of the com
mittee in charge of the parade, and as
sociated with htm were a number of well-
known artists and critics who make their
"Winter home In Santa Barbara.
In the lonjc line of passing vehicles
there were rose-laden coaches, blossom
bedecked automobiles, all but hidden in
the profusion of flowers, jaunty little pony
carts all in white, victorias In gay reds
and yellows and floats that ranged in var
iety from a floral reproduction In minia
ture of the famed Santa Barbara Mis
sion to an Immense battleship of flowers
fashioned on the chassis of an ' auto
mobile with bouquets pelting . from a
pneumatic gun in the forward turret.
It was after the procession had passed
entirely down the long boulevard of palm
trees and densely peopled tribunes and
had . started a counter-march, that the
signal to open Are was given and the
battle of the flowers began in earnest.
Thousands of bouquets of soft-pet aled
and fragrant blooms were hurled from
the tribunes and the Are was bravely re
turned by the heavily armed forces in
carriages and on floats.
Little girls, dressed In white, acted as
powder monkeys for the naval contin
gent and as soon as the first supply of
ammunition gave out, as a result of the
efficiency of the rapid fire attained at
Magdalen a Bay and other practice
grounds, they would bring fresh armfuls
of bouquets from a nearby warehouse,
temporarily converted into a floral mag
azine. At times the air was completely
filled with flying missies. The fiercest
firing was done with rose bouquets of
many varieties.
The battle raged with intensity for half
(Concluded on Pax 4.)
p - i - .; (
.
PROBABLY ENTER
PLEA OF GUILTY
Strong Rumor of Burk
hart's Action.
MARION COUNTY JURY A SHOCK
Prompt Conviction of Ross
Was Disconcerting.
SENTENCE IS SUSPENDED
Stay of 30 Pays Granted Because of
Xelay for Attorney to File Mo
tion for Xcw Trial Man
ning to Probe Further.
SAI-EM", Or., April 27. Special. That
T. T. Burkhart. treasurer of the de
funct Title Guarantee & Trust Company,
and his attorney, Harrison Allen, are
considering the advisability of entering
a plea of guilty In the case in which
Burkhart is co-defendant with J. Thor
bum Ross Is the strongly credited rumor
which was going around the courthouse
today after the Burkhart case had been
continued for trial until July 13.
The Burkhart case had been set for
trial May 4, but was continued until July
33 by agreement of the attorneys for
Burkhart and for the state. The con
tinuance of the case served to lend color
to the rumor that the subject of a plea
of guilty has been under consideration.
Dislike Marlon County Juries.
It is known that the rapidity with
which the jury In the Ross case arrived
at a verdict of guilty was a severe
shock to Burkhart. He and Ross had
thought that removal of the cases to
Marion County would make acquittal
probable, for there has been no feeling
against the defendants here. Their
opinion was strengthened when the case
came on for trial, for the people of
Marion County took so. little Interest in
the case that the crowd in the court
room was no larger than when an ordi
nary-Marion County; case is on trial. At
no time were half the seats filled. It
was therefore apparent that Rosa was
getting a fair trial so far as feeling
among the people was concerned. For
that reason the quick verdict was a great
surprise.
It Is supposed that the result of the
Ross trial set Burkhart and his attor
ney thinking about ways and means
other than submitting the question to a
Jury. They don't like the outlook in
Marion County.
Suspension of Koss Sentence.
J. Thorburn Ross was this afternoon
granted a suspension of sentence until
May 27. This action was taken In
order that his attorney shall have time
to prepare his motion for a new trial
notice of appeal and bill of exceptions
before sentence is pronounced. Last
week when the jury brought in a ver
dict of guilty. Attorney McCamant se
cured an extension of 30 days In the
time to file his motion. When Ross
appeared in court this morning to be
sentenced. Judge Burnett called atten
tion to the fact that, if sentenced now,
Mr. Ross would have to begin serving
ONE TRUE FRIEND,
his sentence at once and before the
time for filing a motion of appeal had
expired. Mr. McCamant had not con
sidered this situation, ana. in order to
keep his client free from the effect of a
judgment pending .taking of the appeal.
he asked the court to suirpend sen
tence. District Attorney Manning said
he had no objections to this, and Judge
Burnett fixed May 27 as the time for
passing sentence. The crowd which
had gathered In the court room to hear
the sentence waa very much disap
pointed.
Manning Diatl5ried With Witnet.
Mudpe Burnett, of his own motion.
postponed sentencing Mr. Ross until
May 27," said District Attorney Man
ning last night, when asked why the
convicted bank president was not sen
tenced yesterday. "Had the court pro
nounced sentence upon Mr. Ross today.
he would have been placed in the peni
tentiary at once. Therefore, Mr. Mc
Camant readily saw when his attention
was called to the position hut client
J. Dal sell BroiTB, Formerly M
ajce-r California ftafe Deposit
Com pa ay, Sentenced to Smm
aura tia.
would have been placed in, and not be
lng able to meet it, very willingly ac
cepted the court's suggestion."
When asked why the trial of T. T,
Burkhart was postponed, Mr. Manning
said:
"For a good and sufficient public rea.
son which will develop In due time. I
have discovered that a further Investl
gatlon Into the affairs of the defunct
bank la necessary, as I am not satisfied
with the manner In which a certain of
ficial conducted himself during the
Ross trial.
$70,000 FIRE IN VANCOUVER
Spectacular Blaze Ietroys Robert
son & Hackett'8 Factory.
VANCOUVER, B. C. April 27. Spe-
cial.) Twenty-flve thousand people
turned out tonight to watch the biggest
fire of the year, when Robertson & Hack
ett's sash and door factory, at the cor
ner of Granville street and Beach ave
nue, burned. Trolley and high-power
electric wires were melted and many
people had narrow escapes from live
wires. The loss was $70,000, insured for
about half.
Jury Is Still Incomplete.
SAN FRANCiaOO, April 27. The be
ginning of the fourth week In the work of
selecting 12 men to try Abraham Ruef on
one of the 117 indictments returned
against him by the grand jury, charging
the former political boss of San Francisco
fwith bribery, finds the Jury still tncom
plete with nine men In the box accepted
and sworn. One of the veniremen ex
amined today did not know what the
word accomplice meant, while another
was challenged by Mr. Heney on the
ground that his moral character was such
that he was not fit to be a juror.
CONTENTS TODAY'S PAPER
. ' The Weather.
YESTERDAY'S Maximum temperature, 67
degrees; minimum, 44.
TODAY'S Fa lr ; n ort h west w I n da.
Foreign.
China lodges protest against Japanese ag
gression In Chlen Tao. Page 3.
Xational.
President sends message to Congress, plead
ing for anti-trust legislation. Page 1.
Roosevelt elated over success of his ef
forts for greater Navy. Page 1.
Oregon delegation decides on W. F. Mc
Gregor for Collector of Customs at As
toria. . Page 2.
William explains his fllibuater programme.
Page 7.
Domestic.
David R- Paramenter wanted for bigamy
in Eugene, Or., arrested in Omaha.
Page 7.
New graves tall story of storm's havoc in
South. Page 7.
Pacific Coast.
Officers and men of fleet and visitors dis
gusted with treatment in Santa Barbara
Page 1.
Banker Brown pleads guilty. Is sentenced
and turns state's evidence. Page 3.
Complete returns give Cake majority of
2487. Page .
Strong rumor T. T. Burkhart will plead
guilty to conversion of funds. Page 1.
J. T. Smith to sue newspaper instead of
Senator Pulton. Page 6-
CommercUl and Marine.
Egg trade discussed at special meeting of
produce merchants at Exchange. Page 17.
Foreign and Eastern wheat markets lower.
Page 17.
Stocks unsettled and Irregular. Page .
Reported that the steamship Breakwater
will go on run between San Francisco
and Eureka. Page 16.
Portland and Vicinity.
School board orders new school built in
Albina. Page 11.
Evidence barred from Ross trial shows
secret pact between Ross and Steel.
Page 10.
Ralph Modjeski. bridge expert employed at
S50OO fee to report on best met hod of
handling traffic across river. Page 1.
Frank Raley says $24,000 suit against him
is merely a friendly one to determine
status of . Irvlngton commissions.
Page
Mayor Lene threatens to have future par
ticipants In boxing bouts arras uvl.
Page 10.
. JflV"& v , -f
PRESIDENT WIS
FIGHT FOR NOT
Regards Senate Action
as Victory.
ASKS FOUR SHIPS; GETS TWO
Senate Kills Pet Measure, but
Provides Two Ships a Year.
ELATED OVER HIS SUCCESS
ItooKOvrlt IHh-Ihws This Plaors
I'nllrd Stales In Front Rank of
INaval ProRrpsslon Friends
Rejoice With President.
WASHINGTON. April 27. Two bat
tleship, a year Is what President
Roosevelt sayn he has accomplished
througrh his- flfrht for his Naval pro
gramme. Hail he been victorious In
having; (our ships authorized at this
session, the United States could hava
dictated terms ot disarmament to th
nations of the world.
This atatement, made tonlg-ht. follow.
Ins; the pasaafre by the Senate today
of the Naval bill, calling; for two new
battleships, is understood to reveal the
President's source of strength In the
Naval fight which has been wsged so
strenuously.
1'nited States in Front Hanks.
Furthermore, two ships this year
with the promise of two ships each
year to follow, which the President has
accepted as a bona flde stipulation on
the part of the Senate, means simply a
programme which will place the ITnlted '
States In the front rank of naval pro
gression, but which falls to place It In
the position of dictating a cessation of
naval aggression.
That tbe President, on the whole, is
pleased with the result of his efforts
with Congress on this subject, was
made manifest tonight; that he firmly
bellev.. in the ability of the United
States to dictate the naval policy of
the worM In the future, though over
whelmingly outstripping- us In naval
construction.
President Counts It Victory.
President Roosevelt wanted four bat
tleships this year; he got two. With
the two he obtained the promise that
two more would be forthcoming each
year. This, means, considering the di
mensions of the battleships which mod
ern construction dictates, that the
United States shall be fully abreast of
the naval armament of any other na
tion. The friends of the President are
flushed tonight with what they regard
as a signal victory for his international
policy, and the details of this victory
are freely given and declared to reflect
the exuberance of President Roosevelt.
SK-VATE KILL PET MEASURE
Rejects Roosevelt's Programme to
Build Four Ships a Year.
WASHINGTON. April 27.-By an over
whelming vote, President Roosevelt's four
battleship programme failed in the Sen
ate, Just as it did in the House. The
amendment for four battleships was in
troduced by Senator Piles and the fight
for Its adoption . was led by Senator
Beverldge. Twenty-three votes were cast
for the Increased programme, the number
largely being made up of recently-elected
Senators. Fifty Senators voted to support
the House and the recommendation of tbe
Senate naval committee for building only
two battleships.
The debate on the battleship amend
ment lasted three days to the exclusion of
all other matters. It was begun by
Senator Beverldge with an eloquent ap
peal for the support of the President and
the suggestion that a larger Navy might
be needed for war.
It was developed by Senator Allison
during tbe debate that there is a well
defined understanding among Senate
leaders that the authorization of two bat
tleships each year for the American Navy
Is regarded as sufficient to meet any de
mands made upon it. As finally passed
the bill carries appropriations aggregating
$123,115,659, and provides for the construc
tion of two battleships and two colliers
and the purchase of three additional col
liers, the construction of submarines and
other necessary craft and Increases the
pay of officers and enlisted men, as well
as Increasing both the pay and the
strength of the marine corps.
Senator Stone, of Missouri, spoke at
length upon tne necessity of building up
a merchant marine and a Navy. He
condemned the speeches referring to the
possibility of war with Japan and told
of bis visit to the Orient and his belief
in the friendliness of the people of that
nation.
Senator Newlands. of Nevada. Inter
rupted to suggest that the United States
had taken more advanced action In the
Philippines by adopting coastwise laws
and otherwise endeavoring to keep the
Japanese out of the trade of those islands
than Japan had in Manchuria to keep the
United States out.
Mr. Stone said that because of the
cheapness of Japanese labor and other
things, the United States could not com
pete for the trade In China with much
hope of success. He thought this country
should turn Its attention to South Amer
ica and look for trade there, but he saw
no more danger for war with Japan tbao
with any other power.