y W9 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.