PORTLAND, OKEGOX, TUESDAY, NOVEMBER . 10, 190S. PRICE FIVE CENTS. 'AGENT PREVENTS ASSASSIN'S T UPHOLDS RIGHT TO SEPARATE RACES SEND HOME 717 NOT VACCINATED T, CORTELYOU WILL UP TERRIBLE WRECK STAY IN CABINET KILLS EX- THOUGH DEFEATED OR BE DYNAMITED XORTH COAST LIMITED SATED SEATTLE SCHOOLS REFUSE PU PILS ADMISSION-. FINANCIAL INTERESTS BRING BT .NARROW MARGIN. PRESSURE TO BEAR. VOL. XIVIII. XO. 14,9G1. S HO 01 s DEFIAN GIVE S20 SENATOR dward Carmack Slain in Nashville. WAS EDITOR OF TENNESSEEAN Murder Result of His Caustic Political Editorials. 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 Carmack one. 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- wounded. 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 aooper 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 trouble. 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 no statement. 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 minutes. 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 pistol." 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. tomorrow. 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: Woman Eye-Wltness. walking down Seventh the direction of Church avenue, in (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 Durant. 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 that point. 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 bruin. 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 Awful Scene. 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 instantaneous. 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 office. 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 College Decision. 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 peace. Two Dissent. 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 j ,mmmw,jwummm Anti-Vaccinationists Propose to Fight Board of Education's ! Recent Order. 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 morning. 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 be." 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 Amoy, China.- 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 fleet. COME ON, EVERYBODY! j Will Continue to Exer cise Free Speech. DENOUNCES CANNON SAVAGEL Accuses Speaker of Packing House Committee. HITS AT SUPREME C0UR Opposition to Re-election as Presl dent of Labor Federation Evapo rating Mitchell Says He Followed Instructions'. 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 re-election. 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 his connection. 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 $3,946,000. 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. INDICT FOR LAND FRAUD 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 ball. - NDICTED, SELLS HIS LAND Banker Believed to Be Arranging Trans-Atlantio Payment. 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 Saved From Violence 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 Throws Explosive. PADDING FOILS PURPOSE Mysterlons Woman Says Hypnotist Drove Her to Attempt Life ot Millionaire's Daughter-ln-Law. 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 time. 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 The Weather. YESTERDAY'S Maximum temperature. 63 degrees; minimum, 42.3 degree. TODAY'S Increasing; cloudiness, followed by rain; easterly winds. Foreign. Asqulth declares British foreign -policy at Lord Mayors banquet, .race . National. 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. Fage 4. Politics. 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, Iotnestlo. Escaped lun&tlo attempts murdr of Nw York postmaster ana commits suicide. Page 4. 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. page 2. Sports. Stephens Sdiool defeats Hawthorne by score of 14 to 5. Pago 7. Pacific Coast. 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. Page 6. 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. TPT 103.0