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About Morning Oregonian. (Portland, Or.) 1861-1937 | View This Issue
PORTLAND, OKEGOX, TUESDAY, NOVEMBER . 10, 190S.
PRICE FIVE CENTS.
UPHOLDS RIGHT TO
SEND HOME 717
STAY IN CABINET
OR BE DYNAMITED
XORTH COAST LIMITED SATED
SEATTLE SCHOOLS REFUSE PU
FINANCIAL INTERESTS BRING
BT .NARROW MARGIN.
PRESSURE TO BEAR.
VOL. XIVIII. XO. 14,9G1.
dward Carmack Slain
WAS EDITOR OF TENNESSEEAN
Murder Result of His Caustic
WARNING HAD BEEN GIVEN
6 hoot In Pone hr Tonne Robin
Cooper. Whose FaUwr Had Bern
Criticised in Carniack's Xews
papet1 Victim Fires Back.
NASHVILLE, Term.. Nov. . Ei-Sna-tor
Edward Carmack. editor of the Ten
BMseeaa. was shot and killed at 4
o'clock this afternoon on Seventh ave
nue North In front of the Polk flats.
by Robin Cooper, a son of Colonel Dun
can B. Cooper. Mr. Carmack was going
north on Seventh avenue In front of
the flats and Colonel Cooper and his
son Robin were approaching Seventh
avenue on Union street. Soon after
they came Into sight of one another
the shontlna; was begun. Robin Cooper.
It is said, firing two shots and Senator
Colonel Cooper, it is said, drew his
gitstol. but did not fire.
Dne to Editorial Attacks.
Senator Carmack fell to the around.
Bring Instantly. Robin Cooper was shot
in the right shoulder, but was not badly-
Jt is understood that the trouble was
in of the results of a recent Demo
cratic sjubernatorial primary. In which
Oarmack was defeated. Carmack. since
&e became editor of the Tennesseean.
had been caustic in criticising wnat he
called the Democratic machine, and had
jirlnted several editorials about Colonel
Within the last few days. It is as-
wrtsd. Colonel Cooper notified Carmack
ithat these edltorlat criticisms must
rease. Another editorial referring to
the colonel appeared in the paper this
morning, and this is supposed to have
been the immediate cause of the
Assaasln 3 7' Tears Old.
As Senator Carmack fell at the edge
tof the street Colonel Duncan R. Cooper
put his arm around Robin Cooper and
fcoth walked a few feet down Seventh
avenue to Dr. R. O. Ford's office, where
the slight wound In Robin's shoulder
was examined and treated. An ambu
lance carried the body of Mr. Carmack
to an undertaking establishment.
Carmack s pistol, a 32-callber, was
lying at his side with two chambers
empty when the body was picked up
and was turned over to an officer. The
stump of a cigar Mr. Carmack had been
(unoking was In the street beside htm.
Young Cooper was carried to a hos
pital later and Colonel Cooper is held
at police headquarters. He has made
Robin Cooper is a practicing attor-
xey, 17 years of age. and tingle.
Three Bullets in Body.
Dr. McPheeters Glasgow, who arrived
At the scene of the tragedy soon after it
occurred, said tonight:
"1 found the body of Mr. Carmack on
the right aide of Seventh avenue as one
walks to Church street from Union street.
He was lying with his head facing north
and with his right arm under his head.
'His pistol was Just out of reach of his
right hand, and the weapon was point
ing south. An evening paper was lying
near bis left hand, which held a crushed
Ktump of a cigar. I Immediately sum
moned an ambulance and had the body
carried to the undertaking establishment
of T. M. Dorris. The body was without
rVcns of llffe when found by me and ap
peared to have been so for about flvo
There were three bullets In the body
of Mr. Carmack. One entered the left
aide about two and one-half Inches
below the nipple, and but a short dis
tance below the heart, and stopped
short distance from the right side.
under the skin, crossing the median
line of the anatomy.
Fatal Wound in N'eck.
"Another bullet entered the left
shoulder and lodged about 4H Inches
below the right nipple, under the skin.
Both of these wounds were clean.
"The third bullet which I conceive to
ne the fatal one was in the neck. The
wound was 1H Inches to the left of the
median line, and one inch below the
hair line on the neck, posteriorly. The
bullet entered the neck and made an
exit from the mouth of the deceased.
It was found on the street, under his
tongue, at the exit of the wound. Two
front teeth were broken loose. I think
two bullets were fired from Carmack's
The body of Mr. Carmack was pre
pared for burial and removed to the
home of Frank Lander, general man
ager of the Tennesseean and will be
taken to Columbia, his former home.
The combatants were evidently very
close together when the firing began.
but the question of who fired the first
shot is in controversy. Mrs. Charles
H. Eastman, of this city, and J. M.
Eastman, of New York, were nearby
wnen tne tragedy occurred. Mr. East
man's hearing Is not good and he de
clared he knew but little of the affair.
Mrs Eastman said:
walking down Seventh
the direction of Church
(Concluded on rase i
News of Runaway Pullmans Flashed
Down Line in Time to Break
Swltchlock With Ax.
HELENA. Mont.. Nov. . SpeciaL)
Save for the vigorous wielding of an axe
by Carl Kellett, a transfer agent, a ter
rible wreck would have ensued between
two runaway Pullmans, and the east-
bound North Coast Limited last night at
The Pullmans were standing on a Butte
sidetrack when In some manner they were
released and started down the main Uhe
In an opposite direction . to the North
Coast Limited. The news was flashed
to Durant by the dispatcher, and the
operator Informed Kellett. who was await
ing the crack Northern Pacific train at
Realizing that only by immediate action
could a collision - be averted, the
North Coast being due within a few
moments, he seised an axe, rushed to the
switch, and battered the lock loose. Just
as -the runaways came in sight, traveling
at terrific speed. He and the operator
essayed to ditch tiem with ties, but
failed. They were finally stopped, how
ever, by empty cars half a mile away.
The North Coast Limited arrived be'
fore the Pullmans had stopped, and
unanimous vote of thanks by the passen
gers was tendered the thoughtful trans
fer agent, whose action had undoubtedly
saved their lives. Officials are endeavor
ing to locate Uie miscreants who turned
the cars loose.
KILLS BEAR WITH STONE
Wenatchee Woman Brings Brnln
Ont of Tree With Rock.
WENATCHEE. Wash., Nov. 9. (Spe
cial.) Throwing a stone that went true
to its aim. Mrs. Oliver Bates, wife of
the proprietor of the hotel at Wenatdb.ee
Lake, killed a bear last Tuesday that
came sauntering into her orchard, ap
parently looking for something to eat.
The bear had swam along the shore of
the lake until it came near the landing
at the hotel, when it started on its Jour
ney which resulted In its death.
Mrs. Bates thought at first that the
animal was an otter, as she saw it come
out of the water, but a second look re
vealed bruin, and she all mlone, as her
sons were out in the field working. Her
three pet terriers started after the in-1
truder and tormented him so that he
sought refuge in the nearest tree. Mrs.
Bates started for the bouse to secure
rifle, but the dogs would not stay by
their post unless she was there to urge
them on. She then picked up an apron
ful of stones and started a battery on
The third stone bit him In the head
and down came the huge form to the
ground, where it lay without a struggle.
Mrs. Bates then rushed out to tne iiem.
where her sons were working, and called
them In. and bruin was soon skinned and
his meat stored away for the Winter.
SEE MULE KILL CHILD
Father and Mother Prostrated After
WALLA WALLA. Wash, Nov. 9.
(Special.) Eye witnesses to the death
of their little 4-year-old son. Glen, who
was literally kicked to a pulp by a
mule in their back yard yesterday, Mr.
and Mrs. Charles Jones, residing in the
country east of Walla Walla, are in a
state of prostration.
Mr. Jones had turned a team of mules
loose in the back yard of his home to
allow them to eat oft some high grass.
The little boy Glen entered by a side
gate while the father and mother were
looking In another direction. One of
the mules immediately started for the
little fellow, and, wheeling, kicked him
down Just then the parents, bearing
the thud of the kick, turned and started
to prevent the animal from doing fur
ther damage, but before they could
reach the spot the mule had stamped
the body horribly, death being almost
The almost hysterical mother picked
her young son in her arms and carried
the prostrate form Into the house, still
believing that something might be
done to bring back his life. But the
little spirit bad flown and the bereaved
father and mother were prostrated
when the full significance of the acci
dent came to them.
CAST VOTE FOR DEAD MAN
Nevada County Candidate Dies One
Day Before Election,
RENO, Nev., Nov. 9. Twenty voters
cast their ballots for a dead man m
Eureka County last Tuesday when they
voted for Andrew F. Stlnson for a county
Stlnson was stricken unconscious while
making an election speech the day before
election and died soon after. He w
one of the pioneers of Nevada, coming
here in the '70s. He aided in the con
struction of the Capitol at Carson City.
BANKER TO BE SENTENCED
Snpreme Court Upholds Conviction
of New Jersey Officials.
WASHINGTON. Nov. S. The. 8upreme
Court of the United States today affirmed
the decision of the Court of Appeals of
New Jersey sustaining the verdict of the
Monmouth County Court sessions which
convicted President Albert C Twining and
Senator C. Carmel of the Monmouth Trust
A Safe Deposit Company, of deceiving
State Bank Examiner as to the condi
tion of their institution. It wan con
tended that the deception was prewired
to cover up the misapplication of (30,000.
States Can Bar Negroes
r From White Schools.
SUPREME COURT SO DECIDES
Kentucky Favored in Berea
TWO ; . JUSTICES DISSENT
Coeducation of Blacks and Whites
Need Not Be Tolerated Harlan
Criticises Penal Provision
of Law Involved.
WASHINGTON, Nov. 9 In deciding
the case of Berea College versus the
State of Kentucky favorable to the state,
the Supreme Court of the United States
today held that the states of the Union
may constitutionally legislate to prevent
the coeducation of the white and black
races. The case was Instituted to test
the validity of the state law of 1904
prohibiting white and black children from
attending the same schools.
The higher state court took the posi
tion that the white and black races are
naturally antagonistic, and that the
forced separation of the children of the
two is in the line of preservation of
The opinion of the Supreme Court was
handed down by Justice Brewer and af
firmed the finding of both the Kentucky
Circuit Court and the Court of Appeals.
Justices Harlan end Day dissented.
Justice Brewer's opinion dealt entire
ly with corporations as affected by the
Kentucky state law, and did not consid
er the question of its applicability to
individuals. Proceeding upon the theory
that a state had complete control over
corporations as Its own creations, he
construed the law of 1904 as in effect an
amendment to the charter of Berea Col
lege. Responding to some of Justice Harlan's
statements. Justice Brewer said:
"There is no force in the suggestion
that the statute, although clearly separa
ble, must stand or fall as an entirety on
the ground that the Legislature would
not have enacted one part unless It
could reach all. That the Legislature of
Kentucky desired to separate the teach
ing of white and colored children may be
conceded, but it by no means follows
that it would not have enforced the
separation so far as It could do so, even
though it could not have made it effec
tive under all the circumstances."
Contending that it. would prove imprac
ticable and unsatisfactory to separate
(Concluded on Pcuc. 8.)
1 M 23iSi3ZS t
Anti-Vaccinationists Propose to
Fight Board of Education's
SEATTLE, Wash.. Nov. 9. (Special.)
Because their parents have failed or re
fused to have them vaccinated, 717 chil
dren were today sent home from the
Seattle public schools. In refusing to ad
mit the children to the buildings the prin
cipals were acting under Instructions from
the Board of Education, which decided
November 6 that the rules regarding in
oculation for the prevention of smallpox
should be rigidly enforced beginning this
The anti-vaccinationites are - advising
parents to send their children back to
school when they are refused admittance.
According to figures compiled by Dr. G.
A. R. Steiner, of Ballard, there are in
all 2008 children in the Seattle schools
who are not vaccinated.
Among the children sent home today
are several belonging to Councilman J.
T. Armstrong, of the Thirteenth ward,
who said this morning he will fight the
case to a finish. During the last few
days different persons have called up
Armstrong by telephone to congratulate
him upon the stand he has taken. Among
them is J. W. Salmlnln, a tailor, residing
at 3208 Judklns street.
KERMIT TO ACT AS USHER
President's Son Will Help Entertain
Sailors at Charleston.
BOSTON, Nov. 9. Kermit Roosevelt,
second son of the President, a freshman
at Harvard, was one of the collegians to
volunteer to assist in entertaining sea
men at the Sailor's Haven, Charlcstown.
He has been assigned, among other du
ties, to stand at the door while the
sailors enter and usher them to their
seats. Since taking up this work Kermit
has been Quoted as saying:
"I believe every man in college should
get into charitable work or something of
that nature, no matter how busy he may
At the opening of the term young
Boosevelt was invited by his classmate
R. Clifford, nephew of J. Plerpont Mor
gan, to help out at the Haven some
night when one of the societies should be
In charge of the exercises. He accepted.
was Introduced to Superintendent King,
talked with the sailors, played chess and
checkers with them and made himself a
good fellow generally.
LOUISIANA NOW AT MANILA
Bear-Admiral Emorv's ""Flagship
Arrives From Arnoy, China.
MANILA. Nov. 9. The battleshln Lou
isiana, flagship of Rear-Admiral W. H.
Emory, commanding: the second squadron
of the Atlantic fleet, arrived today from
The Wisconsin, flagship of Rear-Admi-H
Seaton Schroeder, and the Vermont
steamed up from Olongapo, where the
other vessels of the fleet remain. Rear-
Admiral Schroeder, assuming command of
the second division upon the retirement
of Admiral Emory, transferred his flag
to the Louisiana, and Admiral P. "W. Pot
ter, of the Vermont, raised his pennant
upon the Wisconsin. The Connecticut
will go to sea- for battle practice on
Wednesday, and will be followed within a
short tlma by the other vessels of the
COME ON, EVERYBODY! j
Will Continue to Exer
cise Free Speech.
DENOUNCES CANNON SAVAGEL
Accuses Speaker of Packing
HITS AT SUPREME C0UR
Opposition to Re-election as Presl
dent of Labor Federation Evapo
rating Mitchell Says He
DENVER, Nov. 9. Hearty applause
given President Samuel Gompers of the
American Federation of Labor by the
delegates to the 2Sth annual convention of
the organization at its opening session
today and also at the close of his report,
which he read at the afternoon session.
was interpreted to indicate that there
would be no effective opposition to his
The statement that there would be
big fight In .the convention in regard to
the action taken by President Gompers
in the recent campaign will not be ful
filled," said John Mitchell, ex-president
of the United Mlneworkers of America
and a delegate to the labor convention.
"The action of Mr. Gompers was the
result of Instructions given him by the
Federation at previous conventions and
he will have virtually the entire support
of the present convention.
"It is true there may be a fight on the
question of allowing the Federation to be
brought into politics in the future, but
do not think Mr. Gompers will be oen
sured for the part he played in support
of Mr. Bryan."
No Permanent Unemployed Army.
The reading of the report consumed
more than three hours and the reports
of Use secretary and treasurer were then
read In abbreviated form. The secretary's
report showed that the Federation had
had a prosperous year.
Mr. Gompers' report was a long and
exhaustive accounting of the work per
formed by the president during the year.
At the outset he- declared:
'There must not be permitted' to grow
up or to be maintained a permanent
army of unemployed."
The part of the report that touched on
the Buck Stove Ac Range Company in
junction was frequently interrupted by
applause. The statement of the stand
taken by John Mitchell, Frank Morrison
and Samuel Gompers on the injunction
matter also was applauded.
In opening his report Mr. Gompers
(Concluded on Page 4.)
No Doubt Taft Will Retain Him as
Secretary of the Treasury.
Loeb Down and Out.
WASHINGTON, Nov. 9. (Special.)
Information reached Washington today
from reliable sources that Mr. Taft will
retain Mr. Cortelyou as Secretary of the
Treasury, and that Mr. Loeb, now sec
retary to the President, will not be In
the next cabinet. It Is stated that strong
pressure has been brought upon Mr. Taft
by financial and business interests to Te
tain Mr. Cortelyou. He has given com
plete satisfaction to President Roosevelt
in the official discharge of his duty. and.
while pleasing the President, he has been
able to earn the commendation of those
large business interests which have to do
with his department.
There has been some talk of Mr. Meyer,
at present Postmaster-General, being
transferred to the Treasury portfolio by
Mr. Taft, but it is stated that Mr. Meyer
has such business Interests that he is
not eligible for the place. Many of these
interests have been Inherited by Mr.
Meyer, and he has no disposition to sever
It is emphatically stated by' the au
thority quoted that Mr. Loeb will not
be a member of the next administration
in any capacity.
FOUR BID ON BATTLESHIP
Lowest Figure for Building Utah Is
WASHINGTON, Nov. 9. Four ship
building companies competed for the
contract for the construction of the bat
tleship Utah, bids for which were
opened at the Navy Department today.
The lowest bidder was the New York
Shipbuilding Company, of Camden, N.
J.. at $3,9-46.000 for a 20 -knot ship. A
bid for the construction of a 21-knot
vessel was submitted by the Fore River
Company, of Quincy, Mass., at $4,440,000,
the lowest bid for this class.
The Utah Is to be a sister ship of the
Florida, now being constructed at the
Brooklyn Navy Yard, and is to be of
about 21,85 tons displacement.
Bids also were opened for supplying
machinery for the Florida and for ar
mor for both vessels For the machin
ery of the Florida the Newport News
Shipbuilding & Drydock Company was
the lowest bidder at $1,517,000.
Presidential Elector Among Those
in Dragnet in California.
SAN FRANCISCO, Nov. 9. The Fed
eral Grand Jury has returned indict
ments for land fraud against D. W.
Dwlnnell. recent Republican Presiden
tial elector; J. D.. G. Gangnor, John
Gilpin and Rex F. Deter, all prominent
residents of Shasta County. They are
accused of having hired eight men to
take up claims in a tract of high-class
timber land opened to the public two
years ago. The men are said to have
peald theh expenses of the eight men
and given each $200 to relinquish bis
title to the land. Gangnor has already
been arrested and released on $3000
NDICTED, SELLS HIS LAND
Banker Believed to Be Arranging
RENO, Nev Nov. 9. That T. B.
Ricked, indicted president of the State
Bank & Trust Company, has sold all his
ranch properties In Southern California
to Miller & Lux for $400,000, and that
this money is to bea paid to him or his
agents In Germany, possibly with the
intention of evading claims of Nevada
creditors, is the statement made today
by Attorney C A. Mack, who will prose
cute the case brought against Rickey by
the State Bank Examiner to recover some
mining stock, and which will be called
at Independence, Cal., tomorrow. Rickey
passed through Reno yesterday on his
way to Independence.
CROWD THIRSTS FOR BLOOD
Sa n Francisco Mo tor man
SAN FRANCISCO, Nov. While the
body of a gray-haired woman, cut in two
by the wheels of a car, lay on the pave
ment at Twenty-ninth and Dolores streets
last night, an excited crowd was at
tempting to reach J. H. Lance, the mo
torman, who was saved from violence
only through the determined attitude of
two policemen who had him in custody.
There were cries of "lynch him," and
while efforts were being made to raise
the car and release the body the anger
of the crowd momentarily increased. The
dead woman was Miss Maggie Melin, who
was struck while crossing the street. It
is presumed that she was hard of hearing
and failed to observe the car s approach.
CLUB WOMEN MEET TODAY
State Federation Convenes in An
nual Session at Ia Grande,
X.A GRANTE, Or., Nov. 9. (Special. )
The Oregon State Federation of Women's
Clubs will convene here tomorrow morn
ing to continue for three days. Already
30 of 70 dele-gates are here, having ar
rived on the lata trains tonight. Mrs.
Sarah Evans, the president, and her
corps of officials arrived tonight, A
splendid programme has been prepared
for the three-day session. Including,
aside from the prescribed numbers, a
pipe organ recital, a trip to the sug"ar
factory and a visit to the largest mill
In Eastern Oregon, the George Palmer
Lumber Company's institution.
Denver Woman Threat
ens Mrs. Phipps.
TRIES TO KILL DETECTIVES
Trapped in Automobile, She
PADDING FOILS PURPOSE
Mysterlons Woman Says Hypnotist
Drove Her to Attempt Life ot
Trapped by Blunder.
DENVER, Nov. 9. After haunting thn
residence of her intended victim for two
days and making efforts In every way
Imaginable to get Into communication
with her, an unknown woman who
threatened Mrs. Genevieve Chandler
Phipps, the divorced wife of Lawrence
Phipps, the Pittsburg millionaire, with
death unless she were given $20,000, was
foiled In her design by the clever work
of bank and city detectives. When she
discovered that she was outwitted, the
woman cast dynamite sticks intended for
Mrs. Phipps at the detectives, but, for
tunately, they fell against the up
holstered wall of an enclosed automobile,
which prevented their exploding.
The woman was quickly placed under
arrest and efforts are being made to
find some clue to her identity. She per
sistently, refuses to give her name, but
insists that she Is under the influence of
a hypnotist, and that this explains her
attempt at blackmailing Mrs. Phipps.
Deliberate and Determined.
The woman wen tabout carrying out
her plans with a determination evidently
born of desperation. Ever since Satur-
I day Bh had rePeatedlT telephoned the
A ut)juii uuxxj-q suiu vtuiru wieig Alt MIL
fort to have aa audience with the well-
known society leader. Finally Mrs.
Phipps became alarmed and today went
automobllinff in City Park to avoid the
woman, who had made several oalls at
the house during: the day. The woman
evidently saw her lu the machine, for
she attempted to attract the attention of
Mrs. Phipps as she was being driven
slowly along one of the park driveways
She was standing- beside a tree at the
Calms Victim, Then. Threats,
Mrs. Phipps directed her chauffeur to
continue past hex, but the woman leaped
from behind the tree and Into the ma
chine as it was going: by. She quickly
engaged Mrs. Phipps In conversation
assuring her that her apparent fears
(Concluded on Paga 2.)
UDEX 0F TODAY'S NEWS
YESTERDAY'S Maximum temperature. 63
degrees; minimum, 42.3 degree.
TODAY'S Increasing; cloudiness, followed by
rain; easterly winds.
Asqulth declares British foreign -policy at
Lord Mayors banquet, .race .
Supreme Court decides states may forbid
co-eaucation or wnues ana dibvsks. rage x.
Tariff inquiry to begin today. Page 4.
RooneveJt will give dinner to labor leaders.
Root to be candidate for Senator In New
York. Fage 4.
Cortelyou to retain Treasury Department In
Taffs Cabinet. Fage X.
Taft will winter In South. Page 3,
Escaped lun&tlo attempts murdr of Nw
York postmaster ana commits suicide.
Tobacco Trust decision causes slump In
Stock. Page 3.
Quick work with ax prevents train wreck
in Montana, rage i.
Ex-Senator Carmack shot dead at Nashville
as result of political feud. Page l
Gomfcers to be re-elected by labor Feder
ation; lus report denounces courts and
Cannon. Page 1. I
'Witnesses in Peuren case tell of brutality
oi Russian troops, rage .
Mysteriou woman attempts to blackmail
Mrs. Lawrence Pbipps ana tries to dyna
mite detectives at Denver. Page 1.
Morse declared pauper by his lawyer.
Stephens Sdiool defeats Hawthorne by score
of 14 to 5. Pago 7.
Professor Lewi urges Lane County farmers
to grow vegetables. Page 6.
Mayor Rodgers Insists If people of Salem re
elect him he will enforce all laws.
Ford Shalto In Jail at Nelson for shooting
man he finds in his home. Page 6.
Western Federation sympathizers alleged
to be concerned in incendiarism at Wal
lace. Page 3.
Commercial and Marine.
Export demand for hops becomes stronger.
Page 15. ,
Wheat quiet but firm at Chicago. Page IS.
Stock market holds ui under heary sell
ing. Page 15.
Bottom has fallen out of freight business
from Orient to States. Nicomedla brings
only 200 tons. Page 14.
Portland svad Vicinity.
Bankwrecker Scriber released on 140.0O0
bonds. Page 10
Mayor Lane vetoes amendment to women-ln.-sa.loo
us ordinance. Page 14.
If built according to present plans. AlbJna
High School will cost S50T.000. Page 10.
Gasptpe admitted In evidence In La Rose
murder trial. Page 11.
Mayor vetoes assessment ordinance for
Killings worth avenue. Page 14.
Oregon flihermn leava for Seattle for con
ference. Page 7.