. Jmg iji wwitaw. ' PORTLAND, OREGON, TUESDAY, DECEMBER 29, 1908. PRICE FIVE CENTS. VOL. XLVIII. XO. 15,003. I 01$ KILLED BY Ei Towns of Sicily and Calabria Devastated. MESSINA LAID IN RUINS Tidal Waves Swamp Cities and Cover Dead With Mud. HUNDREDS OF BOATS LOST People Flee to Churches and Pray to Saints for Mercy. LIVE IN MOUNTAIN CAVES Pope Pins Wishes to Visit Scene and Relieve People, but Physicians Forbid Southern Italy May Be Totally Destroyed. ROME Dec. 28. The three provinces of Cosensa, Catansaro and Reggto dl Cala bria, comprising the Department of Cala bria, which forms the southwestern ex tremity of Italy, or the "toe of the boot," were devastated today by an earthquake, the far-reaching effects of which were felt almost throughout the entire coun try. The town of Messina, in Sicily, was partly destroyed, and Catania was Inundated- In Messina hundreds of houses have fallen and many persons have been killed. May Destroy Southern Italy. Owing, however, to the fact that tele Craphic and telephonic communication was almost completely destroyed, it is Impossible to obtain even an approximate estimate of the damage, but reports re ceived here up to a late hour tonight In dicate that the havoc has been great and the destruction to life and property more terrible than Italy has experienced In many years. The uncertainty of the sit : uatlon for many thousands has filled all Italians with the deepest distress, for : they still have fear that the day may come when the part of the country which teems to have been most blessed by Na ture will be destroyed by the blind forces of that same Nature, which nearly 19 centuries ago overwhelmed Pompeii and Herculaneum. AH reports show that the present catas trophe embraces a larger area than th earthquake in 1906. The tidal wave which followed the earthquake shocks on the eastern coast of Sicily sank vessels and Inundated the lower part of Catania. It is known that a number of persons were killed at that place, but the rushing waters carried everything before them and caused surh an Indescribable con fusion that it will be Impossible for some time to estimate the damage and the lives lost. Immense Disaster at Messina. Kor a period the town of Messina arid the whole province of Reggio were com pletely isolated through interruption of the telegraph and telephone and by land slides that obstructed the railroads. Ab solutely nothing was heard from Reggio throughout the day, while the first news from Messina came in the form of a dispatch which a torpedo-boat flying at full speed along the peninsula carried from point to point, always finding the wires down, until It reached Nivotera, where the telegraph lines were found to be Intact. From this point the dispatch was sent. It briefly stated that the situation was desperate, and after summarizing the Immensity of the catastrophe, ended with the announcement that Captain Passino. commander of the local station for tor pedo-boats, was buried under the debris, after having, with other officials, per formed heroic work In trying to save others. The Italian Government proceeded en ergetically to relieve the widespread dis tress, concentrating at the points of greatest need troops and engineers. Mem bers of the Red Cross were dispatched to various places, and camps with provi sions were Immediately prepared, all available railway lines and warships be ing used for their transport. Thousands Are Killed. The City of Messina has suffered prob ably more than any other place, the latest Information, coming directly from that quarter stating that two-thirds of the town was destroyed and several thou sand persons killed. The steamers Washington and Monte bello, which were In that harbor, later proceeded to Catania, loaded with in- (Concluded on I'g 6- IHOIMES MOTHER SHOT DEAD BY 9-YEAR-OLD SON T.AI PICKS l"P GXTS FATHER LEAVES OX TABLE. 3Irs. J. G. Morris Victim of Tragedy In Farmhouse Xear Gor vallis. CORVALL.IS, Or., Dec. 2S. (Special.) Mrs. J. G. Morris was accidentally snot and killed at her home one and a half miles north of this city Sunday after noon. A charge from a shotgun In th hands of a 9-year-old son, who did not know the gun was loaded, severed the large artery of the right leg and the woman bled to death in a very short time. This fatality Is the direct result of the forgetfulness of Mr. Morris, the victim i hiishanri- who. on returning from a hunt ing trip, laid his loaded gun on the table. The young son. who. It seems, had often been permitted to clean the nrearm nlrked it ud for that purpose. The gur went nft and Mrs. Morris, who stood by the stove, less than ten feet distant rm-eived the full charge. It is said that Mr. Morris is all but insane over the tragedy. Mrs. Morris was about 8 years of age and the mother of a family, the majority of the children being grown. HILL GETS TEXAS LAND Report Is Current That Big Merger of Ranches Has Been Formed. DENVER, Dec. 28. The Post today says : "According to private dispatches re ceived In this city this morning, a merger of Texas ranches in the terri tory penetrated by the Colorado & Southern Railroad is being formed and will comprise 7.000,000 acres of land worth $73,000,000. James J. Hill, who se cured control of the Colorado & South ern. Is named as the interest behind the move. G. W. Holdredge. general manager of the Burlington road, accompanied by. Mr. Maders, an Eastern attorney, ar rived in Denver today to inspect the terminals of the Colorado & Southern and investigate the operating condi tions of the road. He could not be seen (luring the -day. The Post says that, beyond the fact that immense quantities of timber are known to be located on tho land Involved in the projected merger, nothing Is known locally of the scheme. RIOT LEADER ENCAMPED Berry Simpson and Gnard En trenched in Mountains. DANVILLE, Ky., Dec 28. Berry Simp son, the leader in the troubles at Stearns, Is stationed at Point Rock, In the moun tains. He dispatched two of his sympa thizers to Captain Henri Waddell today and agreed to surrender provided one Warren, one bf the soldiers, be sent for him. Reuben West, wounded In the Christ mas day battle. Is with Simpson, and 75 desperate men are also in Simpson's camp; and the officers fear to send young Warren. The messengers were told to tell Simpson to come to Stearns. It was later stated that he would be there, but he failed to appear. Sheriff Crawley Is acting in conjunction ith the soldiers and United States of ficials. RENO GETS ITS OWN RATE Sugar Shippers Deliver Ultimatum and Railroads G(ive In. RENO, Nev., Dec 28. Reno mer chants have como out victorious in their demand of the railroad company for better rates on sugar from San Francisco to Keno. Sometime ago the railroad company announced a rate on sugar from San Francisco to Ogden of fi5 cents per 100 pounds. Shortly after the rate from San Francisco to Reno was fixed at 75 cents, 20 cents more than the cost of shipping twice the distance to Ogden. Reno shippers demurred, served no tice that they would tender the com pany a rate of 55 cents and no more, and that in case any trouble occurred, an action in replevin would be brought. Local railroad officials took the mat ter up at headquarters, with the result that the rate from ban f rancisco to Reno has been fixed at 5a cents. FOUR MUSIC HALLS SHUT Sunday Performances Bring Grief to Xew York Theaters. NEW YORK. Dec. 2f. As the result of the recent investigation under the direction of Mayor McClellan of alleged violations of the law covering Sunday performances in the theaters. Corpora tion Counsel Pendleton ordered the draw ing up of papers for the revocation of the licenses of the Victoria, the Alham bra. the American and Hnrtlg and Sea man, One Hundred and Twenty-flfth-street theaters. These play houses are alleged to have been persistently violat ing the Sunday law. SUSPECTS UNDER ARREST Two Men Believed to Know Why Roy Vestal Disappeared. KLAMATH FALLS. Dec. 28. Spec1aI.) Arrested pn a charge of larceny, but be lieved to know something of the disap pearance of Roy Vestal, of Bagle Point. Charles Lisbey and Alfred Wallace are held In Jail In this city. Roy Vestal disappeared Thanksgiving day. J NEW EVIDENCE FAVOR OF Two Witnesses Give Aid to Defense. GRIME NOT-PREMEDITATED Trip to Long Island Made to Look at Property. ANNIS NOT SOUGHT THERE Accidental 3Ieetlng Resulted In Shooting, and Second Witness Declares Thornton Hains Took Xo Part in Fatal Gunplay. FLUSHING. N. Y., Dec 28. The de fense scored two material points in the evidence developed in the trial today of Thornton J. Hains, which the defendant's counsel assert disprove the charge that the author was a principal with his brother. Captain Peter C Hains, Jr., in the killing of William E. Annis at the Bayslde Yacht Club, in Little Neck Bay. An exhaustive cross-examination of the two witnesses for the defense left the main points of then- testimony unshaken and Thornton Hains returned to Long Is land Jail tonight declaring that the evi dence proved his Innocence. Testimony that Thornton Hains did not go to Bay City "to kill Annls, but to look at property, was testified to by Charles Weaver, sales agent of the Hains Con crete Mixer Company, who further de clared .that it was at his urgent invita tion that the Hains brothers, on August 15, postponed a trip to Sandy Hook and went to Bayslde to inspect real estate. Weaver almost sobbed on the stand when he said that he felt responsible for send ing the Hains brothers on the Journey that ended In the death of Annis. Hains Seemed Irrational. The mental condition of Captain Hains previous to the shooting was testified, to by Mr. Weaver, who asserted that from the actions of the Army Captain he be lieved him to be irrational. The second material point brought out by the defense today was drawn from John Tlerney, a garbage collector, who said he was an eye witness to the trag edy. Tlerney declared that Captain Hains had ceased Bring before his brother ran down to the float and the defendant did not draw his revolver until Charles Roberts, a club member, advanced toward Captain Haines with the Captain's re volver In his hand. Tierney said that Thornton Hains did not point the re volver at anyone on the float, but called for an officer to arrest his brother. He did not see Mrs. Annis on the float. A severe cross-examination did not make Tiemey waver in any essential. Oontradlcts Skura and Fallon. Joseph A. Shay, of counsel for Hains, was called to tne stand when court opened today. He told of his interview (Concluded on Pare 5.) THAT BAD HAINS PICTURES THAT SHOW ORE GON'S RESOURCES. In its pictorial features the an nual edition of The Oregonian which will be printed Friday will be of exceptional merit. The first page will be in color and will present a striking view of a huge ocean vessel in Portland harbor. There will be another full-page marine scene and a double page showing the local port, with a perspective of the railroad termi nal yards. Groups of pictures will also illustrate dairying, mod ern farming methods, irrigation, fruitraising and other industries. One page will be devoted to the Portland Rose Festival, with I views of the parades and floats J in last Spring's celebration, t In its text the edition will ewer a wide scope, making it a I most valuable number to those t wlirt ara i ti fptwctpfl in tliis state. I It will be sold for 5 cents a copy. HASTY COURTSHIP IN CAR Soldier W ins Hand of Choice of His Heart on Sheer Nerve. CHICAGO, Dec. 2S. (Special.) George Newman, a young soldier stationed at South Chicago when on his way to the Philippines four years ago. saw the face of an unusually pretty girl. Miss Flor ence Jacob, in San Francisco. When he came back he haunted the streets of San Francisco, but could never see the face again. Today he saw her on a streetcar here and promptly clambered -aboard the car. In one minute he had .introduced him self, had proposed a minute later and had been turned down, but immediately possessed himself of the girl's hand and again proposed, this time being accepted. When the car rumbled down town, New man hustled Miss Jacobs over to the marriage license bureau and within an hour from the time he had met her. Miss Jacobs became Mrs. Newman. - RACING TIPS NOT LEGAL California Judge Says That "Form Sheets" May Be Stopped. LOS ANGELES, Cal., Dec. 2S. That the dissemination of tips on horse-racing may be prevented by municipal legislation is the gist of an opinion handed down by Judge Jamison, of the Superior Court to day, In the case of Sylvester Saal, who was prosecuted in Police Court charged with circulating a San Francisco news paper in which a racing "form chart" was printed. Judge Jamison cites decisions of the Su preme Court upholding the police powers of cities, and orders the Police Judge who had thrown Saal's case out of court to overrule Saal's demurrer and proceed with the trial of the case. CHINA CAPTURES STEAMER British Boat. Seized by Cruisers for Running Down Junk. HONGKONG. Dec. 28. The British steamer Tal On was captured yesterday by two Chinese cruisers near Kum Chuk, west of the river. The reason for the capture is believed to be the fact that the steamer several months ago ran down a Junk and drowned a theatrical com pany which was on board. Further de velopments from the capture are expected. FULTON BOY HAS GONE AND WIRED IT ON GERMANY SEEKS MINIMUM TARIFF Will Be First to Ask for Concessions. BERNSTORFF'S FIRST DUTY Try to Get Benefit of Reduced Rates on Imports. OTHER NATIONS ARE SLY Forestall American Action: by Ad vancing Rates With View to Sub sequent Reduction Under Re ciprocal Trade Agreement. WASHINGTON. Dec 2S- There are in dications that Germany will be amon the first European countries to seek ad vantage of an arrangement with America to secure minimum tariff rates under the terms of the new tariff act which is ex pected to be passed at the special session of Congress, to follow close upon the adjournment of the present regular ses sion March 4. , Count von Bernskorfr, who arranged to day with Secretary Root for his presenta tion next Wednesday to President Roose velt as Ambassador from Germany, suc ceeding the late Baron Speck von Stern berg, is believed to have been thoroughly equipped by consultation with the Ger man Foreign Office before his departure from Germany to undertake this task. Indications are that the new tariff act will be framed to take effect immediate ly upon its approval by the President. Therefore, in order to secure whatever advantages may be expected to follow the Inauguration of minimum and maximum rates to the United States, it will be necessary for the Foreign Ambassadors and Ministers resident In Washington to have arranged in . advance of that date new treaty relations with this Govern merit. In the case of some European countries a disposition has been shown to forestall action by the American Congress and guard their own export trade with Amer ica by considerably increasing their ex lsting tariff rates, with the design of securing the basis of new arrangements with America without sacrificing to any considerable extent , the protection which they now enjoy against competition with American imports. So far s is known here, this is not yet true of Germany, and with this element of good faith in bis overtures, the Ger man Ambassador Is likely to meet with a cordial reception at the State Depart ment. PREPARE DEMOCRATIC BILL Clayton Says His Party Must Fight for Radical Revision. ' WASHINGTON, Dee. 2S.-JHenry D. Clayton, of Alabama, chairman of the (Concluded on Page S.) HILL WANTS LOW GRADE TO GULF WIM COSIBAT HARRIMAX IilXES IX AGRICCXTURAIi FIELD. Purchase of Colorado & Southern Said to Be Part of General De velopment Plan. CHICAGO, Dec. 28. (Special.) In con nection with his purchase of the Colo rado & Southern road, James J. Hill has determined to construct a low-grade route from Denver to Billings, and also a low-grade route from Kearney, Neb to the same place. The latter route prob ably will be built northwest to connect with the Denver-Billings line at Orin Junction, Wryo., or north of that point: Mr. Hill is not satisfied with his pres ent Billings line, as there are too many heavy grades on It north and south of Alliance, Neb., and there is plenty of fruitful territory south in which to con struct the new road. It is Mr. Hill's In tention, it is said, to have a good low- grade route all the way from the North west to the Gulf of Mexico, as well as to Chicago. . The study of agricultural products of the West and South will furnish an ex planation of Mr. Hill's purchaso of the Colorado & Southern for his Burlington system. His main purpose is to capture much of the tonnage which the Harriman lines are now hauling bo.th into and) out of his territory by reason of the fact that he has no line to the Southwest. ONE YEAR FOR EACH CENT Petty Larecnist Gets Heavy Sentence From Oakland Judge. OAKLAND, Cal., Dec 28. (Special.) One year In prison for each copper penny he had stolen was the punishment meted out to George Gross this morning by Superior Judge Brown. He pleaded guilty to the burglary of the store of G. W. WeUnore, at Thirty-fourth street and San Pablo avenue, about a month ago. Thomas Driscoll was the companion in the robbery, and the two of them secured some tobacco and eleven pennies. Eight of the stolen pennies were found on Gross when he was arrested; and the Judge sentenced him to eight years im prisonment in San Quentin. Gross, who is but 20 years old, pleaded guilty and asked that sentence be passed at once. Thomas Driscoll, Gross' companion in crime, asked for another day in which to plead, and his request was granted. FIVE INJURED IN WRECK Work Train on Snake River Branch Goes Over Embankment. PASCO, Wash., Dec. 28. (Special.) About seven miles east of Snake River Junction last night, engine No. 1388, a work train on the Snake River line, went down a high fill, Injuring the crew, as follows: W. F. Slmms, engineer; A Wlcken fireman, both being badly bruised and Wicken sustaining a broken leg. O. Ostermeyer and W. F. Fagan, conduc tor and brakeman, both were somewhat bruised, and S. D. Monnell, S. P. & S. civil engineer, was bruised. Slmms, Wicken and Monnell were sent to the Tacoma hospital on No. 15 tonight, and the Pasco wrecker has been sent to the front to pick up the wreckage. THESPIAN SHOT IN HOTEL Wronged Husband Takes Law Into Own Hands In Denver. DENVER, Dec. 28. Bert Edward Dury, known on the stage as Byron Allenton, who has been playing this week at the Crystal Theater, was shot through the head and Instantly killed late this after noon at a rooming-house on Curtis street. near Fifteenth, by Bert Bell, who es caped, but later was captured. Witnesses say that Mrs. Bell, who was in the room with Dury, escaped the same fato by climbing up a fire escape to the third floor of the building. She was arrested and taken to the City Jail in a hysterical condition. Mr. and Mrs. Bell were married In Cincinnati in 1906. Dury also was a native of Cincinnati, where his father now lives. OREGON PROFESSOR WEDS Samuel Eliot Marries Miss Madder scheid In San Francisco. SAN FRANCISCO. Dec. 28. (Special.) The wedding of Miss Elsa von Mad derscheld, a society girL of the college town of Berkeley, and Samuel Eliot, pro fessor of psychology at the University of Oregon, took place here today at the Sedenborgian Church. The ceremony was performed by Rev. W. L. Wooster in tho presence of several hundred invited guests, and was extremely simple, the couple being unattended. The church service was followed by a dainty wed ding breakfast and Professor Eliot and his bride left on the evening Oregon train for Eugene, where they will make their future home. GIRL ELOPES WITH PRIEST Nebraska Man's Daughter Missing After Winnipeg Wedding. WINNIPEG, Man., Dec. 28. MIbs Sera phlne Izponder, daughter of I. T. Ixponder, of South Omaha, Neb., dis appeared suddenly Sunday night after acting as bridesmaid at the marriage of her sister, -here. It is believed that she has eloped or was kidnapped by a Polish priest of Winnipeg. He is known to have been enamored of Miss Izponder. The police have traced the couple to the southern part of the province. CD50RQVE MUST TAKE OATH NORTH Can't Assume Office Out of State. ATKINSON GIVES OPINIO?! Washington's Attorney-General Talks of Situation. MEAD WOULD HOLD OVER Must Give Vp Office When Cosjrrove . Returns If Governor-Elect Dies, Xew Election Is XecessaryY Cosgrove's Plans. OLTMPIA, Wash.. Dec. 2". (Special.) That Governor-elect Cosgrove cannol qualify as Governor without returning to the state, is the opinion of Attorney General John D. Atkinson, expressed here tonight. Mr. Atkinson had been informed that Mrs. Cosgrove had made the state ment that Mr. Cosgrove was preparing to take the oath of office at Paso Robles, and the Attorney -General's opinion was in reply to the question whether or not such action would be legal. Mr. Atkinson's opinion on the subject coincides very fully with that given out by ex-United States Senator George Tur ner, on December IS. Mr. Atkinson believes that Mr. Cosgrove can return at any time within the four year period for which he wa3 elected and qualify, but that until such time as he does return to Washington and take oath of office. Governor A. H. Mead will con tinue to serve as Governor. Xew Election If Cosgrove Dies. In the event of Mr. CosRrove's demise, without having qualified. Governor Mead would serve, in the opinion of Atkinson, only until a new Governor should be elect ed, which should properly be in 1910. to fill out the unexpired term of two years. The Morning Olympian will tomorrow publlsh-a special dispatch from Judge J. W. Robinson, of this city, who was one of Mr. Cosgrove's opponents for the Gubernatorial nomination, and who Is now in Paso Robles. In this dispatch Judge Robinson says: Coming Xbrth, Says Robinson. "Governor-elect Cosgrove continues to improve. He is gaining strength every day. He now walks about his room and rests in the sunparlor and seems per fectly confident of ultimate recovery, in (Concluded on PaBO 3.) INDEX OF TODAY'S NEWS The Weather. YESTERDA YS Maximum tflmprrnture, 43 .8 degrees; minimum. 4j.1 degrees. TODAY'S Probably fair; westerly winds. Foreign. Earthquak destroys whole olties In Sicily and Calabria, killing thousand of peo ple. Page 1. Indian Congress approves Morley's reforms Jn government and condemns agitation. Pa kb 2. Ieon Daudet wants Clemenceau'a brain blown out. page National. Miss Ethel Roosevelt make debut In so ciety. Page 3. Germany will be- first to ask benefit of minimum tariff. Pag 1. Roosevelt will decapitate "Wiley, pure food expert. Page n. Charlotte Perkins Oilman condemns present relations of sexes. I'ao Defense of Hains offers evidence that tie did not aid murder of Annis. Page 1. Bosses of modern and ancient times com pared. Page Hill's plans with Colorado & Southern Rail road. Page l. Pittsburg grafters' trial to be hastened. Page Train wreck in Montana kills eight men. Page 5. Sport. Boy weighing r2 pounds wins horse rare at Oakland. Page 7. Odds favor Kauffman In coming fight with Barry. Page 7. Amateur Athletic Union suspends six prom inent men for professionalism. Page 7. Pacific Northwest, - Sensational charges filed against Milton prichard, ex-v-uperintenaent Clark bounty Schools, In effort to revoke certificate. Page 6. Corvallis woman shot dead by 0-year-old t.on. Phk 1. Gambling run wide open at Sump tor. Page 6. Cosgrove must come North to take oath, pays Attorney-General. Pugj 0. San Francisco earthquake pleasant dream compared to experience in wreck, says wife of Captain Gruggel. Pag t. Forest Grove Board of Trade celebrates completion of Oregon Electric. Pag tf. Commercial mnd Marine. Ioeal grain values maintained with trade light: Page 15. Heavy selling of May wheat at Chicago. Page 15 Stocks and bonds In stronger demand. Page i.j. Four wheat ships will wind up foreign grain business for December, page 14. Portland and Vicinity. Taxpayers adopt majority report of board of education, raising teachers' salaries. Page 11. Ways and means committee to decide to day on $500,000 park bond Issue. Page 14 Finch case will go to jury today. Page 10. Tax levy of 6.fl mills recommended by ways and means committee. Page 10. Commercial Club will retain Tom Richard son. Page 14. Conspiracy to get timber clalma disclosed by suit brought. Page 11. Railroad Commissioners of Oregon and Washington confer with Portland jobber on freight-rate advance. Page 9. Trouble with draw blockades Madison street bridge. Page Bowerman still active although confident of election as President of senate. Page 11. 6an Francisco forging ahead, says C R. Walter. Page 9.