THE 3IORXIXG OREGOXIAX, SATTJKDAY, JTJLiT 4, 1903.
TO CHANGE
PREMIERS "TODAY
Saionji Resents . Criticism
Policy of Retrench
ment! of
WHOLE CABINET TO RESIGN
Financial Economy Will Be Pur
sued by Katsura. Probable Suc
cessor. Whom Laionji Will
Support in Diet.
TOKIO. July 3 The Associated Press
was informed today that the Premier.
Marquis Saion.ii. derided some days ago
to tender his resignation. He consulted
with the members of his Cabinet and de
cided to lay down all their portfolios
also and all the resignations will be ten
dered to the Emperor in the morning.
The nominal reason for Marquis Sai
onjl's resignation is ill health. The Cab
inet are all strict members of the Seiyuka
or Constitutionalist party and It was,
therefore, necessary that they resign with
him. The actual reason for the resig
nation of the Premier is understood to be
the position taken by Marquis Inouye.
Secretary of the Home Department, re
garding the future financial policy of
Marquis Saionji. This includes retrench
ment in the army and navy, the post
ponement of puhlic works, a demand for
a sinking fund and the yearly repayment
of loanft. Marquis inouye recently at
tacked the present government's policy
regarding finances. This gave offense to
Marquis Saionji. who decided to resign.
Katsura to Be Premier.
The position of the Emperor is not defi
nitely known, hut it is probable he will
accept the resignation. In that event.
Marquis Katsura. a former Premier,
probably will succeed Marquis Saionji, al
though Admiral Count Yamamoto. ex
Minister of Marine, is a strong candidate
for the Premiership. The best opinion,
however, gives this position to Marquis
Katsura. In which event Count Komura.
at present the Japanese Ambassador at
London, is almost certain to succeed
('hunt Hayashi as Minister of Foreign Af
fairs. Count Hayashi probably will suc
ceed Count Komura at London. It is
uncertain who will get the Portfolio of
Finance: no one is anxious to accept it.
There will be no more changes in the
Ministries of War and Marine.
The older Statesmen will be consulted
with regard to the appointment of a new
Premier. Marquis Katsura is a member
of the nenro (Older Statesmen) and Ad
miral Count Yamamoto has considerable
influence' therein.
Sure of Majority in Diet.
There Is reason to believe that Marquis
Baion.it will support Marquis Katsura in
the Diet. Marquis Saionji is the leader
of the Ziyuka, which has a majority in
'.he Diet, and Marquis Katsura is the
leader of the Baldo Club, which has 40
vote. Such a combination would give
Mnrquls Katsura an absolute majority.
It is doubtful if any other man in the
post of Premier could secure full Par
liamentary support.
In best of Informed circles it is de
clared positively that the general policy
of the government will not be changed.
The present programme of retrenchment
will be carried out.
RIDDER'S WARNING IS LOST
(Continued Prom First rage.)
in his own house. It wouldn't have been
the right thing, you know."
"Did Mr. Bryan talk to you about the
antl-injunctlon pla'nk?"
"I started to talk to him and told him
I believed in such a plank, except the
Jury end of It. Then some visitors came
In. They got in between us; yes. they
got in between me and Mr. Bryan. It
is the one thing he didn't express him
self about."
FIGHT SHY OF DISCUSSION
Bryan's Friends Unwilling to Talk
on Hearst Editorial.
LINCOLN. Neb.. July 3. Senator Gore,
of Oklahoma, was one of the first to ex
press himself this "morning on the pro
posed Cleveland resolution to be pre
sented by Judge Parker at Denver.
"I am still unable to believe that the
proposed resolution is the result of any
purpose to show unfriendliness to Mn
Bryan." said the Senator. "It is indeli
cate, however, to bring it into politics
and I believe the convention will be able
to get around the matter in a manner
that will lend dignity to the gathering
without causing any sting. The Demo
cratic party wishes to revere the memory
of the ex-President and can do it. I am
sure, without causing any feeling that
will tend to bitterness."
Senator Gore, like many others, did
not wish to discuss the subject of the
Commoner editorial regarding W. R.
Hearst, excusing himself with the re
mark that he had not given it sufficient
study to properly Interpret its meaning.
Delegates who are willing to express
themselves on the subject believe Mr.
Bryan Is not only willing to make peace
with the New York man. but will go so
far as to make overtures to that end in
the event of finding the Independence
party in a receptive mood. One Ken
tucky delegate stated the belief that the
result will be that the Independence party
when it holds- Its convention, will indorse
Mr. Bryan, or possibly accept the whole
ticket.
The wording of the article, which Is of
an editorial nature, leaves little doubt
that Mr.1 Bryan Is In sympathy to a great
extent with the reforms advocated by
Hearst, and sums up the platform of
Hearst In a manner which many say is
meant purely In the way of extending the
olive branch to Mr. Hearst.
Mr. Hearst's response to this overture
Is awaited with the deepest interest. It
Is even hinted in some quarters that Mr.
Bryan had assurance that the concession
on his part would meet with a prompt
response from Mr. Hearst. No matter
how much truth there may be in this
conjecture, the benefits of a reconciliation
between the two leaders of the Demo
cratic party is something no one ques
tions. Vice-Presidential booms were tempo
rarily sidetracked as a matter of politi
cal gossip In Lincoln today for the mat
ters which at the time appeared to be of
more Interest. Among the latter was tha
call at Kalrview of Ollle James, of Ken
tucky, who is to second the nomination
of Mr. Bryan, and a friendly conference
between Mr. Bryan and T. D. O'Brien, of
Minnesota, manager for Governor John
A. Johnson.
"Why should I not wish to see my old
friend." was the remark of Mr. Bryan
when asked what was the significance of
Mr. O'Brien's call. That was all he would
say. but the inference was left that po
litical matters were in no way tabooed.
Ollle James discussed with the Demo
cratic leader the subject-matter to be in
corporated in the speech of Mr. James in
which he will second the nomination of
Mr. Bryan.
The advance guard of the New York
delegation arrived shortly after the noon
hour, headed by Judge John D. Lynn, of
Rochester. Mr. Lynn and other members I
visited Falrview this afternoon. He did
not believe Judge Parker would offer any
resolution not in perfect taste and har
mony with the working of practical poli
tics, and declined to believe he will stand
sponsor for the resolution regarding ex
President Cleveland credited to him in
the dispatches of yesterday.
"Will the New York delegation support
Mr. Bryan for the Presidential 'nomina
tion in the event of their feeling that a
vast majority of the delegates want him?"
was asked.
"Did you ever see it fail that New
York gets into the bandwagon at the
psychological moment?" was the reply.
Judge Lynn was accompanied by six
other delegates from -the western part
of New York State and will leave for the
West tonight.
The people of Lincoln are trying to give
the reception to outside delegations visit
ing the city a touch of nonpartisanship,
and many prominent Republicans, taking
an appreciative pride in having for their
chief private citizen the Democratic can
didate for President, are joining heartily
in the' movement to entertain the thou
sands who are making brief stope In Lin
coln. FEUS CAUSE- DEATH
EXPLOSION" IX STORE CAUSES
FIRE AND WILD PANIC.
Girls Burned to Dcatli in Trap,
While Others Stampede and
Leap IrYom Windows.
CLEVELAND, Ohio. July 3. Six per
sons, five women and a 5-year-old boy,
are known to be dead and possibly a
score of others more or less seriously in
jured as the result of an explosion of fire
works in the F. Kresge 5 and 10 -cent
store on Ontario street today:
The dead:
James Parker, 5 years old. .
Emma Shoomaker.
Miss Marie Wagner, a clerk.
Four unidentified girls at the county
morgue.
Tha injured:
Myrtle Kelley.
Myrtle Richards..
Hazel Davis.
Belle Berrowitz.
Laura Vovack.
Annette Falshere.
Goldie Mannheim.
Lizzie Bahes.
Bertha Grunk.
Carrie Bebbel. ,
Emma Jusklns.
Lottie Juskins all clerks in the store,
who jumped from upper windows.
Some of the girls have broken
limbs; others cuts and bruises.
A panic among- the hundreds of clerks
and customers followed the explosion.
Flames and smoke filled all the upper
floors of the store. Two of the dead were
working at the fireworks counter on the
ground floor. This counter was situated
in the center of the store and box-shaped.
The girls were inside the inclosure. When
the explosion occurred they could not es
cape. They dropped to the floor and
sought safety under the counters. The
flying rockets and crackers were explod
ing about them.
Customers about the counter had an op
portunity to escape. No one stopped to
save the girls. They burned to death in
this trap. It was not known until two
hours after the fire that any persons had
lost their lives. This was made known
when the firemen be.gan searching the
building after the flames were conquered.
The charred bodies of the girls and the
little boy were found on the first floor
and in the basement. The fire was start
ed when one of the clerks was demon
strating one of the pieces of the fire
works. A spark ignited the other pieces.
The noise of the explosion startled those
upon all of the five floors, and a panic
ensued. Smoke and flames were drawn
up the stairways by a draft. This added
to the panic. A rush was made by the
panic-stricken clerks and shoppers for
the stairways and windows. Many were
trampled upon. Others tumbled down the
stairways; still others jumped from the
second and third-story windows. Many
who jumped escaped Injury by being
caught in life nets held by firemen.
The pecuniary loss as a result of the
fire is estimated at $10,000, partly covered
by Insurance.
On the second, third and fourth floors
the clerks and customers were cut off
from all escape by the smuke, which
rushed up the stairways. It would have
meant suffocation to have attempted to
escape in this manner. The elevators
were worked rapidly and to their full ca
pacity, but this made small impression
upon" the huge crowd that thronged the
store. Shut off from the elevators and
stairs, the crowd rushed to the windows.
Quickly the windows were so crowded and
jammed that none could crawl through at
tlrst. Later, some of the girls managed
to work loose and crawl out upon the
ledging. There they .grouped, wildly
shrieking, until ordered to jump by the
firemen, who by this time had spread the
life nets.
Many jumped. When the firemen suc
ceeded in entering the second floor, one
girl Carrie Pabie was found sitting qui
etly upon the floor. Her clothing was
a-fire. She told the fireman that her leg
was broken, and that she could move no
farther. After she was safely carried
down the ladder, she fainted.
One of the floorwalkers, rushing through
the store shortly after the explosion,
found four girls crouching behind a
counter, so terrified that they could do
nothing for themselves. The man called
f to them to follow him, but they did not
heed. He went to them and roughly
grabbed one of the girls by the shoulder,
bringing her to her feet. He made the
other girls catch hold of her skirts while
he led them through the smoke to safety.
FOUR SERVICES IN DAY
Riley Meetings Are Increasing; Mem
bership or White Temple.
Dr. V. B. Riley and M. C. Martin
conducted four services at the White
Temple yesterday. In the morning at 8
o'clock the theme was "The Resurrec
tion Bodies" and at noontime at the
Baker Theater "The Religion of the
Times to Come." In the afternoon he
spoke to women on "A Sister and Daugh
terAn Ideal in Both." and at night his
subject was "The Safe Escape of Eight
Souls." The meetings have been deep
ening in power and a number have come
forward every night to confess Christ
and ask for membership in the church.
The appeal last night was especially to
family life and the subject taken from
the entrance of Noah and his household
into the ark. Dr. Riley maintained that
God had made provision of salvation for
the entire family and that by divine ap
pointment tiie -father and mother ought
to precede their children in coming to
Christ, even as Noah and his wife went
i first into the ark.
There will be no meetings today, but
tomorrow Dr. Riley will speak at 10:30
o'clock on "The Stray." In the afternoon
at 3 o'clock he will speak to men only
on "The Sixth Commandment," ana! in
the evening at 7:45 o'clock on "A Man
In the Modern Sodom."
M PRISOHED
E
One Hundred and Fifty Labor
ers Await Death in Rus
sian Colliery.
BODIES OF 214 RECOVERED
Gas Explosion at Uzova Causes Ap
palling; Loss of Life Heart
Kending Scenes at Mouth
of Pit.
I'ZOVA, European Russia, July 8.
The bodies of 214 persons recovered from
the Rikovsky coal mine. ' which was the
scene of an explosion of gas yesterday,
were burled today. The horror -of the
situation has been added to by fire,
which broke, out this morning. It pene
trated the inner galleries where 150 men
were imprisoned and made the efforts
of the rescue parties almost useless. In
the distance, from behind heaps of
fallen debris, could be heard cries for
h?lp all day.
Fifty-three bodies have been taken out
today, all terribly mutilated. Some of
the men had been burned to death, while
the heads and limbs of others had been
torn off by the force of the explosion.
Seventy-five wounded- were also taken out
and removed to hos.pitals. Of these It)
succumbed during the day and many
others are In a precarious condition.
Three women who stood at the mouth
of the pits and recognized the bodies
of their husbands dropped dead from
shock. A number of others have gone
mad.
The explosion occurred just after the
shift entered the mine. The last 20 men
were still in the cage at the bottom of
the shaft, and they were drawn to the
surface uninsured. Rescue parties at
once commenced to go down. Six of
the rescuers were suffocated, but the
others bravely continued at work. In
the meanwhile the 6000 miners who had
gathered at the head of the shaft be
came so excited that troops had to be
summoned. They cleared the ground and
today allow only members of the fami
lies of victims to come within their
cordon.
PLANS GREAT RECEPTION
Sew Zealand Will Give Atlantic
Fleet Hearty Welcome.
WELLINGTON. New Zealand, July 3.
Arrangements for the reception of the
American fleet are approaching comple
tion. Wellington and.. Auckland will be
elaborately decorated. The keenest inter
est is displayed in the approaching visit.
Parliament will adjourn for 10 days to
enable the members to participate In the
welcome. The government will entertain
from 10,000 to 15.000 men daily. Including
the crews of the British fleet. American
and British officers to the number of 650
will be guests at an official banquet.
Three thousand guests will attend the
state ball, and there will be other enter
tainments. At the reception to officers the presen
tation of a. casket will be made, contain
ing addresses to President Roosevelt and
Admiral Sperry.
In Parliament yesterday Senator "Wil
frid deprecated the entertainments on the
ground that the tariff and navigation laws
of the United States are hostile to this
country. The Wellington Post today
strongly condemns the Senator's advo
cacy of what it calls "such gross Inter
national discourtesy," and contends that
the visit is welcome because it will pro
mote closer knowledge and a better un
derstanding. LONG TOW IS SUCCESSFUL
Pacific Squadron Reaches San Diego
With Mosquito Fleet.
SAN DIEGO, Cal.. July 3. Rear-Ad-miral
Sebree's division of the Pacific
fleet, consisting of the armored cruis
ers Tennessee. Washington and Cali
fornia, and the destroyers Perry. Pre
ble and Farragut arrived off the mouth
of the harbor at 6 o'clock this evening.
The torpedo-boats were being towed
by the cruisers.
Oit Point Loma the tow-lines were
cast off, the torpedo-boats entering
the harbor and the cruisers proceeded
to the anchorage off Coronado.
Lots of Fun at Honolulu.
HONOLULU. July 3. A wireless mes
sage received from the cruiser St. Louis,
now 1060 miles east of this port, states
that that ship, with Secretary of the
Interior James R. Garfield on board, will
arrive at San Francisco on Monday night.
A tentative programme has been ar
ranged for the entertainment of the of
ficers and men of.the Atlantic fleet during
their stay at Honolulu. Some form of
entertainment has been provided for each
day, including athletic contests, baseball,
polo, football, aquatic sports, boxing and
wrestling. At night there will be fire
works, a grand bail and various social
functions. Trips will be made to Pearl
Harbor and there will be much private
entertaining of the visitors.
PLAYS WITH PISTOL; DIES
Girl Points Weapon at Several Per
sons, Then at Herself.
DALLAS, Or.. July 3. After pointing a
loaded revolver at her two sisters and a
young man in turn, Stella McCoy, aged
15. a Grand Ronde Indian girl, turned the
weapon toward herself and tried to take
the cartridges out.
She was struck In the right eye. The
bullet went through to the brain and the
Indian maid died almost Instantly. Three
sisters survive her: she was an orphan.
The tragedy happened on the Grand
Ronde.
FIREWORKS FOR OYSTER BAY
Sane Fourth Xot on Programme at
Roosevelt Home.
OYSTER BAY. July 3. From the ap
pearance of a number of big boxes con
taining fireworks which were today taken
to Sagamore Hill, President Roosevelt in
tends to have a fine display for the
Fourth. A jolly house party will be the
guests of the President. Mrs. Roosevelt
and the children and in ttie evening many
friends and neighbors will join the com
pany. The ft reworks will be set off by
an expert, assisted by sailors from the
Mayflower.
President Roosevelt today, after he had
disposed of official business, rode his
favorite hot"se to the Meadowbrook Hunt
Club's grounds near Westbury On the
way he was joined by Acting Secretary
of State Bacon. At the clubhouse they
witnessed a cam of nolo.
BURNING
MN
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feiwlfR 'to5fcuw W:.v
UNGLEREMUS
DEAD
Joel Chandler Harris Passes
Away at Atlanta Home.
WON FAME AS AUTHOR
Southern Kditor and Journalist Best
Remembered for Quaint Tales
Based on Xegro Folk Lore 'Fa
tal Illness Very Brief.
ATLAXTA. Ga.. July 3. Joel Chandler
Harris, the author, who was editor and
proprietor of . Uncle Remus Magazine,
published in this city, died at his home
here tonight, after a short illness. Mr.
Harris was 60 years old.
Joel Chandler Harris, known the world
over as 4't"ncle Remus was born at
Eatonton, Ga., December 9. 1848. From
childhood he was fond of reading and
early acquired a taste for the English
classics. As a result of this bent of mind,
when a youth, he entered the office of the
Countryman, the first plantation news
paper the world ever knew, and learned
the printer's trade. Mr. Turner, the pub
lisher of the Countryman, was a man of
wealth and young Harris found abundant
food for his literary appetite in his em
ployer s large library.
After the Civil War. Mr. Harris sought
a wider field for his talents and went to
Macon, and afterward to New Orleans
and Savannah. In the last named city
he was employed on the staff of the
Morning News and was there married to
Miss La Rose, a Canadian girl, in 1873.
In 1876. Mr. Harris removed to At
lanta and joined the staff of the Consti
tution, where his literary career had its
real beginning. His wonderfully charm
ing folk lore tales of the South were
warmly received throughout the United
States and soon made him a fame that
continued to grow from year to year.
His later books gn more serious sub
jects connected with the South were re
ceived with equal favor. Most of them
depict the patriarchial relation that ex
isted between slave and master m the
Old South.
Mr. Harris was a plain-spoken, hard
working journalist to the end of his life.
His most notable characteristics were his
generosity and his excessive modesty.
SNUFF OUT PARKER BOMB
(Continued From First Page.)
that, if they can satisfy themselves that
the chances of success will be brighter
with another man at the head of the
ticket, they will- do all they can to nomi
nate and elect that man. They do not
favor the anti-injunction plank.
Ab soon as passible the New Yorkers
will confer with J ok i ah Marvel, the
campaign manager of George Gray, and
Frederick B. Lynch, who acts in a simi
lar capacity for Governor Johnson, for
the purpose of accurately determining
what strength Is possessed by the candi
dates other than Mr. Bryan and to as
certain if it is possible to keep from the
Nebraska candidate enough votes to pre
vent his nomination on the first ballot.
If these caucuses develop that It is. fu
tile to attempt to defeat Mr. Bryan, ef
fort will be made to organize for an at
tack on the anti-injunction plank.
The Vice-Presidential situation showed
no particular change during the day, al
though the arrival of Martin W. Little
ton, of New York, added strength to his
boom. Charles A. Towne, however, still
says that he will receive much of the
strength of the Empire State. Mr. Kern,
of Indiana, is favored by some of the
Western delegates, but declares that he
Is t seeking the place and will under
go decided mental relief if some other
man Is nominated.
Many Republican Spectators.
DENVER, July 3. There will be many
Republican spectators at the Democratic
Convention, and among them United
States Senator Julius Caesar Burrows, of
Michigan, who presided over the recent
Republican convention at Chicago. He
hu been since the Chicago convention the
The boy joyfully dreams of
A touch of the match,
The gentle maiden dreams of
An Eilers Club Piano,
guest of Thomas F. Walsh, of this city.
Among other visitors expected is Mrs. Al
ice Roosevelt-Longworth, who, having
witnessed the proceedings of the Repub
lican convention, has expressed a desire
to attend the Democratic meeting also.
She and others of the fair sex. visitors
from outside states, will receive marked
attention from the ladles of Denver.
The Jane Jefferson Club, of which Mrs.
Ruth Bryan-Leavltt, daughter of Hon.
William J. Bryan, is president, is prepar
ing elaborate headquarters at which rest
rooms will be provided and refreshments
served.and other organizations will fol
low euit. Mr. Bryan's other daughter.
Miss Grace, and his only son, William
Jen nines Bryan, Jr., are in the state and
will attend the convention.
OVERTURES FROM NEGROES
Offers Votes for Declaration Against
Soldiers' Discharge.
DENVER, July 3. The negro question
may come to the front in the Democratic
convention. Report has reached Denver
that Mr. Bryan has been recently visited
by representatives of the negro race, who
have assured him that a. very slight de
nunciation of the course of the adminis
tration in the Brownsville matter would
Insure thousands of votes to the Demo
cratic ticket in the close or doubtful states
of the North, and it is asserted that he
was found to be not unfavorable to euch
a course. He is reported as holding the
opinion that the negro ctroops should not
have been discharged without hearing
until their guilt had been established by
legal inquiry, and as therefore favoring
the insertion of a plank in the interest of
justice and fair play.
Those who agree with him contend
that such an expression could not bo
properly construed as in any way an
expression on the race question and
they contend that If would be in the
interest not alone of fair play but of
good politics as well. They point out
the fact of Mr. Taft's instrumentality
as Secretary of War In carrying out
the President's order of dismissal, say
that it has embittered many negroes
and urge that any condemnation of the
President's course would open the way
for many members of the black race to
enter the Democratic party and thus
help in the future as well as for the
present.
The probable opposition of Southern
delegates Is recognized and it is there
fore possible that the convention will
content itself with a declaration
against summary proceedings by the
Executive in such matters, without
mentioning any specific instance or any
race.
MODIFY
INJUNCTION PLANK
Conservatives Want Its Radical
" Points Toned Down.
DENVER, Colo.. July 3. The latest
arrivals from Lincoln bring the in
formation that in his draft of a
plank Tegardlrg the writ of in
junction in labor disputes, which con
tinues the crucial point of discussion,
Mr. Bryan is adhering to the lines
laid down in the Nebraska .platform,
requiring notice to defendants and
hearing bv the court: reaulrinsr that
Injunction trials shall be conducted by
some Judge other than the author of
the writ and permitting: juries In cer
tain cases. But there are also sugges
tions of compromise. The conserva
tives are especially holding out against
the sweeping requirement for notice
and many of Mr. Bryan's best friends
are inclined to- the opinion that his
views would carry the convention far
ther than it can properly go on this
point. -Many modifications have already
been suggested, and it is known that
some of these have been brought to the
attention of the Nebraskan.
The latest of these suggestions looked to
a. change in the notice clause, so. as to
permit issuance of injunctions in labor
controversies in emergency, but requiring
that a time limit be fixed and provid
ing for notice and hearing on the sec
ond presentation of the subject to the
courts. It Is very evident that if some
modification is not obtained the plank
will be bitterly fought in committee
and probably on the floor.
Oklahoma Offers Two Planks.
DENVER, July 3. Governor Haskell, of
Oklahoma, who has bsen mentioned for
chairman of the committee on resolutions,
arrived ton;ght. He said he would strive,
to have incorporated, in the Democratic
platform two features of the principles of
the Oklahoma state constitution, one de
claring for a radical modification of the
practice of the Federal courts in injunc
tion proceedings and the other calling for
the guarantee of bank deposits.
Glorious Fourth '08
firecrackers galore
and a nerve-racking roar!!!
music so sweet
and her hopes are complete.
THREE YEARS FOR WALTON
YOUTH SENTENCED FOR SHOOT
ING OFFICER NELSON.
May Still Have to Stand Trial lor
Holding Up Willamette
Heights Streetcar.
Charles W. Walton, the young musician
who held up a streetcar on Willamette
Heights, in September, 1904, was sentenced
by Judge Cleland, In the Circuit Court,
yesterday aYternoon, to serve three years
in the State Penitentiary at Salem. The
crime of which Walton was convicted at
his last trial was that of shooting Po
liceman Olaus Nelson. When he was tried
on this charge over three years ago. he
was sentenced to serve live years In the
Penitentiary. Deducting his allowance
for good behavior, he had only three
months of that time to serve when he was
brought to Portland for the new trial.
On the charge of holding up the street
car, Walton was sentenced at the first
trial to 20 years. It lies with George J.
Cameron, the new District Attorney, to
prosecute him on this charge.
Attorney Henry St. Raynor. senior coun
sel for Walton, made an earnest plea in
the young man's behalf, urging his talents
as a reason for the exercise of clemency.
He cited the court to section 15. of the
Oregon statute, to the effect that the laws
are for the purpose of reformation. He
then went on to say that the boy played
the violin well when sent to Salem, but
that he had in three years perfected him
self on 14 instruments and had organized
three orchestras. He also spoke of the
young man's artistic ability, and said that
10 of the Jurors in the first trial signed
a petition to the Governor for his pardon.
The court then called upon the prisoner
to rise, and asked him if he had anything
to add to what his counsel had said. In
a choking voice Walton said that he had
not. The court then said:
"This transaction Is, in the estimation of
the court, a serious one. Two Juries have
declared, in their opinion, that you are
guilty. You are exceedingly fortunate in
not being before the 'Court on a much
graver charge that of murder. The jury
in this case has recommended that the
court exercise mercy in your behalf.
"I think the court should give some
weight to this recommendation. Your
sentence before on this charge was five
years. The fact tiiat judgment was set
aside in that case, means In the eyes of
the law that you were simply detained
at the Penitentiary awaiting trial. Real
izing that there must be u substantial
sentence for such a serious crime, the
Judgment of the court Is that you serve
three years in the state Penitentiary."
Attorney Dan Murphy. Walton's coun
sel, asked for 20 days to prepare a bill
of exceptions and 40 days in which to file
a notice of appeal to the Supreme Court.
This was allowed. The court had pre
viously denied the motion for a new trial
and another motion for arrest of Judg
ment. LAW IS DECLARED INVALID
(Continued From First Page.)
held unconstitutional requires each
county to pay a specified proportion of
the total state tax. The proportion
which each county must pay was fixed
by the act of 1901 and was determined
by taking an average of the assessments
of each of the counties for a period of
five year? prior thereto. It was origi
nally Intended that this plan should re
main in operation for five years only
and that thereafter each county should
pay state taxes in proporition to its
county expenditures, but subsequent leg
islative sessions postponed untfl 1912 the
time when the new system of apportion
ment would go into effect.
The act of 1901 provided a ratio that
was practically and theoretically equita
ble at the time, but since then some
counties have Increased in assessed val
uations much more rapidly than others.
As a result Yamhill County's proportion
of the state tax at the fixed ratio is dou
ble what It would be if based on pres
ent assessed valuations.
The constitution requires that the Leg
islature shall provide an equitable sys
tem of assessment and taxation and
Yamhill County contended that the fixed
ratio plan violated this requirement,
which it does absolutely in theory and
to a greater or less extent In practice.
If Judge Galloway's decision shall be
upheld by the Supreme Court the effect
will be, presumably, to relieve Yamhill
County of half the tax burden appor
tioned to it and to require other coun
ties which have Increased their assess
Ik
iW
ments to pay a larger amount than that
imposed under the act of 1901. While
nullification of the act of 1901 will re
lieve all counties of the 'obligation to
pay 'jnder that act. yet It is manifest
that the state revenues must be paid
and eventually the burden must be borne
by the several counties according to a
ratio which will stand the constitutional
test. At first glance it would seem that
Judge Galloway's decision means a re
turn to the former system of apportion
ing taxes according to assessed valua
tions. Washington County evidently antici
pated this decision, for the Assessor of
that county has already announced that
the assessment roll of 1908 will show
greatly reduced valuations. Quite likely
there will now be a stampede among all
the counties to reduce assessed, valua
tions as rapidly as possible, in order to
escape the burden of state taxation. Such
was the experience when that system
was formerly in force and the Galloway
decision invites a repetition.
If Judge Galloway's decision means a
return to the system of apportionment
according to assessed valuation, Multno
mah County will be one of the heaviest
sufferers. Under the present fixed ratio,
Multnomah pays 31 per cent of the state
taxes, but under the valuation system
it would pay 40 per cent, an increase of '
30 per cent in the amount of state taxes.
Umatilla County now pays about five
per cent of the taxes and would be com
pelled to pay over seven per cent under
the valuation plan, an increase of 40 per
cent in the amount of its state taxes.
Among the counties that would suffer
Increased state tax burdens by the change
are Columbia nearly 200 per cent. Curry
20 per cent, Douglas 25 per cent, Jackson
25 per cent, Tillamook B0 per cent, Wal
lowa 30 per cent. Among the counties
that would get a material decrease in
state- taxes would be Baker, slight, Ben
ton SO per cent, Clackamas 30 per cent,
Harney 76 per cent. Lane 26 per cent.
Linn 50 per cent. Polk 30 per cent. Union
60 per cent, Wasco BO per cent, Wheeler
60 per cent.
These figures are only approximate.
Other countieB would be affected so little
that the change would not be material.
REIO WILL FME flERT
DECIDES TO CONTEST ELECTION
OF JUSTICE BELL.
Bases Claim to Office Chiefly on
Fact That Votes Were Cast
Outside City.
That there is every prospect of a lively
controversy Monday, when the time ar
rives for Justice of the Peace William
Reid to relinquish his office to his suc
cessor, was made known last night by
the announcement that Justice Reid has
determined to contest the righta of Justice-elect
Bell and will refuse to relin
quish the books and records of the court.
Justice Reid says that he was elected
to remain in office until such time as his
successor has been duly elected and quali
fied. This provision of the law he con
tends has not been . fulfilled. His conten
tion is based partially on the interpreta
tion of the new law to mean that those
now in office will be entitled to remain in
office until next January, but principally
on the ground that the recent election
was not held in strict accordance with the
law. The provisions of the law require
that the Justice of the Peace shall be
chosen by the electors of the city only,
whereas Justice Reid declares at the last
election ten precincts outside the city lim
its were included. According to his inter
pretation of the law, this makes void the
election. When seen last night Justice
Reid was emphatic in his stand. He said:
"I shall refuse to give tip the books and
records of my court because I believe
that no one haa been elected to succeed
me and. according to the law, I am still
the Justice. In this legal misunderstand
ing I believe that I am more entitled to
it than Mr. Bell, and I propose to keep it
until next January.
"Waiving all rights under the contro
versy as to the time of taking office un
der the new law, passed by the Legisla
ture, the newly-elected candidate is not
entitled to tt because of the great mis
take made In the election of including
outside districts. I do not know what
will be done by my successors, but if they
present themselves for the official re
lease of my court, they will be met with
a refusal."
The greatest dally change of temperature
to be found on the earths' surface U In
Arl&ona. There Is frequently a change of
80 degrees In 12 hour.