- - m ' ' M "' '"' f -77 T.VTMPV PKICE FIVE CENTS. 7 vTVTTT-xn 1t(VS PORTLAND. OREGON, "WEDNESDAY, JAMJARY 27, 1909. X GOVERNOR TO HOLD T Will Not Resign Exec utive Office. PLAN IS MERELY TO YACATE If Not Seated as Senator He Can Resume Old Place. COURSE PURSUED BEFORE When Elected Governor, Chamber Iain "Was PUtrlct Attorney and Did Not .Resign When Away feoretarjr Can Run Things. SAI.RM. Or.. Jan. 26. 9peclal Ueorsre E. Chamberlain will never resign the Governorship. Such is the word that been passed around the Capitol, and It seems to come from an authoritative nunf . He hag not said that he will re.ign. What he has said .Is that he will he In atiendance'at the tlrst session ft Conrc after hks election as Benator. Instead of resigning the office of Gov rrn.ir. he will let hl acceptance of the i fftre of Senator act a a acatlon of the rfi-e of Governor. There will not be a fra.-tion of a second of time between hla asii.a to he Governor and his becoming H tiator. If his credentials should be presented In the Senate and he should l -denied a seat, he would continue to t Governor. If ho should he seated and li ! declared afterward that he had been I ii properly seated, he would resume the ffi--.- of Governor, since he would not l ave vacated that office. Pursued fours Before. That was the course the Governor pur mc.J !irn he was elected chief executive the first time. I la was then District At torney In Multnomah County, and there were many who insisted that he resign the office of District Attorney before taking the office of Governor. This he refused to do. but let his acceptance of the office of Governor have the effect i.f vacating: the District Attorney's office. If anything had occurred to prevent his Inauguration, he would have remained In the- office of Plstrlct Attorney. Governor Chamberlain Is taking no chances. He thinks he does not need t". Not that he will admit there Is any dan ger of his bcltur refused a seat In the tnate. but that he sees no reason for nuittlng one position until he has been safely Installed In the other. Perhaps he feels, too. that his position as Governor strengthens the chance of his being ac corded a seat in the Senate if there should he any doubt about it. for. there would be lets reason to question his admission to the Senate If it were knowp that he would continue as Governor If refused a scat. Cannot Be Compelled to Resign. If the Senate should refuse to seat him as Senator until he had resigned hts of fice as Governor, he could file a resig nation to take effect upon his becoming Senator, by which means his accession to the Senatorship would operate to end his incumbency as Governor. In any view of the situation, the Governor does not see- the need of resigning before he becomes Senator, and there appears to be no way in which he could be compelled to step oit of one office before he steps into anather. even If someone desired to make such an effort. It has always been held In practice, though the question has never been de termined by the courts, that absence of the Governor from the state does not constitute such a disability as to vest the executive authority In the Secretary .f State. It has) been the practice for the Governor's private secretary to sign the Governor's name In his absence, oven to documents as Important as extradition papers. That beinif true. It la quite likely that after-Governor Chamberlain leaves Oregon for Washington. I. C., to take the office of Sepator, his private secre tary. W. N. Galen, will continue to run the office of Governor in the usual manner. READY TO HANG BILLIK Mirriff Has Not Ileard of Commu tation of Sentence. .CHICAGO. Jan. 16. -Sheriff Strasshelm. rot having been notified of the commuta tion of the sentence of Herman Bllllk from hanging to a life sentence; for the murder of Mary Viral, today sent out the usual invitations for the hanging, on Jannary 19 next. If the Governor has commuted the sentence It will be unlucky for Blllik unless I am officially notified," said the Sheriff today. FULTOS MAN IS NAMED I'rank. J. Carney w Postmaster at Atoria and "o Deal On. iREJjONIAX NEWS? BCREAL. 'Wash iMBton, Jan. 26. The Senate this evening confirmed the nomination of Frank J. Carney as postmaster at Astoria. When Kourne consented to Carney's confirma tion he wanted Fulton to withdraw his objection to John C. Toting as postmas ter at Portland, but Fulton declined to -m a. n&rtx- to the deal. 0 PRESENTJOB PREFERS SUICIDE TO BEING LYNCHED CHI.NAMAX, CRAZED BY OPIUM, SHOOTS RANCHER. Then Takes Refuge in Burning Barn and Ends IJfe AVtth Cliargw of Iead.. FAX JOSR. Cal.. Jan. 56. (Special.) I.ook Fong Gin. a Chinaman, shot Louis Richard, a Milpitas rancher, today, anil then, to avoid being captured and lynched by angry farmers, barricaded himself In a barn to w.hlch he had set fire. "When he saw that the place was about to be stormed he ended his life with a pistol. Richards has been brought to the Bel vedere Hospital in this city. His left check Is blown away with a shotgun and It Is almost certain he will die. Gin Is believed to have been crazed from over-indulgence in opium, and this after noon set fire to his shack on the Ballou ranch, about two miles to the east ward from Milpitas. -While his shack was burning he carried some of the em bers Into a large barn located about 130 feet distant, and set fire to that also. Richards noticed the smoVe of the burning buildings and together with John Wells hastened to the place an commenced fighting the fire In the barn k....i,t. f water. The Chinese had hidden In the loft, and opened fire on the two men. The first shot struck Richards, but "Wells stayed by his friend and carried him out of range of the Celestial's shotgun. Constable Costisjan, of Milpitas. and Sheriff I,angford. of this city, were notified by telephone, i- m.,ntiini the barn had been surrounded by angry framers determined to punish the Chinaman, bnerin iaiii, ford dispatched several deputies to the scene armed with repeating rifles. Be fore they could get to their destination the Chinaman had ended his life. FORCED T0RIDE IN AUTO Alaskan ;ets His First Buzi-Wagon Trip In Seattle. BFiTTl.H Wash.. Jan. 25 (Special.) pan Callahan is out from Alaska for the in ?7 vears. Callahan la known as the chief of the Burch Creek Indians. t.... la nm an Ir.dlan. When he steppea off the Yucatan his eyes faJrly bulged. ,.,. , last saw this section oi me country. Seattle was hardly worthy of being called a city. He had never seen an electric car, much less an automoone. ... -1 , ka i n ,i , i f...l to enter the lat- jie cuuiu nvfc u ter vehicles, so a couple of old-time Alaska friends put up a jod on mm. . nr pnfA one of them sidled away and explained the situation . -r- 1. . k . . oll,. to a police tergeani. i " ;. .nn,oHiIit.iv followed and he was taken to police headquarters in the auto mobile patrol, only to oe limuwi., -leased. . DEATH AHEAD0F HYMEN Bridegroom Expires as Bride and Clergyman Arrive. SACRAMENTO. Oil.. Jan. 26 (Special.) As his intended bride, accompanied by ..i. and vitnpxfvj. entered his room last night, ready for the marriage ceremonv, diaries J. Jinier ore.uicu last. Miller and Miss Flossie O. McDon ald were to be married yesterday. He was stricken recently with typhoid fever and taken to the Wentworth Hospital. irt Vila iwnvarv was given up. but this did not alter his intention to be married on the date piannea. ui.. vi..nnnaM nmriirpd the license and engaged a clergyman to accompany her to the nospuai. nu -"- room she was Just in time to see her lover die, and he expired before the Intended ceremony couia oe periormeu. SENATOR SLUGS REPORTER Aged Califomlan Forcibly Resents Newspaper Criticism. SACRAMENTO. Cal., Jan. 26. Senator W. H. Savage of San Pedro, one or me hold-over" members created a furore on the floor of the Hoijn this morning oy I denunciation of E. A. Dickson, a Los An freloa newsnaDer man. The aged Senator arose to a question of personal privilege and declared ne naa been misrepresented as having aligned himself with the race track Senators against the Valker-Otis bill. A few moments later Savage met Dick son In the rear of the Senate chamber and struck the newspaper man in the face. On account of the age of the San Pedro Senator, Dickson refrained from striking back. That ended the incident. STOPS SERMON TO AID LAW Aberdeen Minister Cinches) Two Thieves by Prompt Action. ABERDEEN. Wash.. Jan. 2. (Spe. clal.) Stopping his sermon In the mid dle, and holding two umbrellas aloft In the pulpit to ask for the names of their owners. Rev. A. ft. Hause caused a sen sation here. When the owners of the umbrellas claimed them., the minister announced that they had Just been stolen from the church, and that police officers were In the back of the building waiting with the prisoners to get the necessary complaints for prosecution. After the police received their information, the service was continued. RANCHER TRIES MURDER Crazed Farmer Shoots 'Wife, Step son and 'Himself. OHETEXXE, Wyo.. Jan. 26. A message from Sundane, "Wyo., a town in the north east corner of the state, says that M. Paxton, a ranchman, has been brought to Jail there after attempting to kill his wife and little stepson and then attempt ing suicide. The boy was ehot In the groin and probably will die. Mrs. Pnxton was shot In the face, but the wound Is no fatal. Taxton shot himself in the head, but will recover. Paxton was overpowered by Will Davis, another stepson. Ha la be HavaA to ha Insane. JEROME OFFERS TO PUNISH LIBEL Says Canal Scandal Is Case for State. WANTS GOVERNMENT-TO QUIT Says His Prosecution of World ' Has Precedence. " INQUIRY IS SUSPENDED A'ew York Prosecutor Willing to Act If Government Steps Aside and C. P. Tart and Robinson Complain to Him. "BV TORK, Jan. 26. Tlve possibility of the Federal authorities having to stand aside to permit the State and County of New York to proceed against the pub lishers of the New York "World for al leged libel In connection with the Panama purchase was made apparent today In a letter written by District Attorney Jerome to United States District Attor ney Henry 1 Stlmson. Provided Douglas Robinson, brother-in-law of the President. Is willing to appear as a complaining witness, Mr. Jerome Is readv, the letter states, to bring action at once in the slate courts. It would be useless for him to do so. he explains, if his Inquiry is not given precedence over that begun by the Federal grand Jury. Plain I.ibcl on Two Men. "I have given the matter published in the New York World of October 3, 1908, careful consideration," the letter says, "and I am of the opinion that it Is plainly a libel upon Charles P. Taft and Douglas Robinson, assuming, of course, that it is untrue as to the syndicate men tioned therein and their alleged connec tion therewith. Under the law of this state its publication Is a crime and, as It was published In the County of New York, It Is my duty under certain cir cumstances to prosecute those responsible for the publication. The publication has a much wider general Importance than Is found in most libels. It in substance charges that by corrupt and dishonorable, if not criminal means, the treasury of the United States was depleted to the extent of 36,500,000 through the connivance, to give It no harsher description, of some of the chief officers of the state and that this great sum was "divided among ' Government favorite In the world of politics and finance.' " Mr. Jerome expresses his conviction that ao serious a charge should not pass unchallenged and that adequate Justifica tion should be snown or those making it be properly punished. Offense Against State. "From this point of view," the letter continues, "the Federal authorities, it seems to me, have a distinct Interest (Concluded en Page 4 GROSSCUP RUMOR GIVEN NEW TWIST CALHOUX TALKED OF FOR HIS SUCCESSOR. Judge. Hetiies He "Will Resign, but Politicians Pick Candidate Roosevelt L.lkes. CHICAGO. Jan. 2S.Speclal.) The old story that Judge Peter S. Grosscup in tends resigning from the Federal bench was revived today and given a new twist, so as to bear on the United States Sen atorial fight at Springfield by inserting in it a report that W. J. Calhoun, who la In the Senatorial race, was to get Judge Grosecup's place. As before, Judge Gross cup denied that he was about to resign. H. H. Kohlsaat, who recently returned from Washington. D. C and waa said to know of the contemplated changes, when asked concerning the story, said: ' "I do not know that Judge Grosscup has any Intention or resigning, but I do know that Mr. Calhoun stands high with the authorities at Washington." Mr. Calhoun said: "I have heard rumors for eome time that Judge Grosscup was going to resign, but whether he has done so or not, I don't know. I have no Information as to what would be done in case he should i-osicn. and f have not been consulted as to whether I would be appointed to fill such a vacancy." Judge Grosscup rendered the decision annulling the fine of fcS.MO.OOO imposed on the Standard Oil Company. STATE MESSENGER IS LATE R. Tt. Butler Subject to $1000 Fine for Delay With Electoral Vote. ORFXJONIAN NKTWS BUREAU, Wash ington. Jan. 26,-Oregon's electoral mes senger, R. R. Butler, 'who was given the state vote on Presidential Klectors, failed to arrive In this city yesterday, and was today subject to $W00 tine for his failurfc. Oregon's electoral vote will be counted, whether Butler arrives or not. for a copy was forwarded by mail and has been In the hands of the Vice-President for more than a week. But this fact does not re lease Butler from the penalty which the law imposes for failure to deliver the vote by the third Monday In January. If this penalty Is Invoked it will consume his entire mileage allowance, and compel him to go into his pocket for about 260 extra. $600,000 TO RUIN RIVALS A. Booth & Co. Suid to Have Paid That Sum to Law j era. CHICAGO, Jan. 26. The first actual ac countlnjjof $600,000 paid by A. Booth & Co., the fish concern recently placed in the hands of a receiver, to the law firm of Thornton & Chancellor, -..as given to day before Master in Chancery Booth.. More than half of the amount. It was stated, was useu in destroying compe tition and fighting legal battles. THIRD THIRSTY MAN DEAD Last of Three Soldiers to Drink De natured Alcohol Succumbs. DELAWARE CITY, Del., Jan. 2. With the death today of Samuel Al bright, private soldier at Fort Dupont, three men of the fort have paid the death penalty for drinking denatured al cohol as a beverage. BUMPING THE BUMPS . . i BLOCK I TO SENATE Direct Primary Used to Debauch Wisconsin. STEPHENSON UNDER ASSAULT Accused of Spending $250,000 to Get Nomination. LA F0LLETTE BEHIND MOVE Legislature Orders Inquiry Into Charge Votes Bought for $5 Each state Chairman and Others Under Fire. MADISON", Wis., Jan. 26. (Special.) By filing specific charges of bribery, corruption and fraud in the Septem ber election campaign by United States Senator Stephenson, State Senator John J. Blaine, of Boscobel, leader of the antl-Stephenson men, today Induced a majority of the State Senators to vote for legislative investigation, prevented the Marinette millionaire from secur ing1 a majority of votes in the upper house, and placed his re-election in joint assembly at noon tomorrow in considerable, if not extreme doubt. Stephenson Fears Defection. The Stephenson forces tonight are feeling hopeful, but not happy. They fear that the antl-Stephenson men may, during the night, win some of their men over to the opposition. The Steph enson forces had only a majority of five votes on the ballots- taken sepa rately in the two houses today. If they lose more than five votes before the time for the joint ballot tomorrow, Mr. Stephenson cannot secure the election at that time, and the contest may de velop Into a political fight which has had few parallels in this state. Has More Than, Enough. In the Senate, 12 members voted for Mr. Stephenson on the motion to elect a Senator. The other Republican mem bers voted blank, and the minority party members voted for their particu lar candidates. In the lower house, Mr. Stephenson received 60 votes. while five scattered their votes, 15 Re publicans voted blank, one Republi can was absent and the remaining members, who are Democrats and So cialists, voted for their party nomi nees. This gave Stephenson a total of 72 votes In both houses. It requires 67 to elect. Break With La Follette. The contest in a nutshell Is between the two elements of the Republican party, one led by Senator La Follette and the other by Senator Stephenson and Governor Davidson. Mr. La Fol lette broke with Mr. Stephenson a year ago when he supported Irving Lenroot (Concluded on Page 6.) CHARGES DOG HAUNTS PLACE OVER TWO YEARS SEARCHING PARTY WILL TRY TO FIND CACSE. Tragedy of Lonely rro.pector Sus pected Near Wallace, Where Shots Were Heard. WALLACE. Idaho. Jan. 26. Because a dog has been haunting a certain spot In the Slate Creek district of the Coeur d'Alenes for the past two years and howling at night, local forest reserve men have organized a searching party and will start tomorrow to explore the snowy wastes to see what they can find. It is generally believed that a miner or prospector has been killed and that his faithful dog is guarding what remains of the body. This belief is strengthened by a report made by a sportsman who says that as he was passing the place the dog now haunts some two years ago he heard a fusillade of 25 or 30 shots. He was on a fishing trip at the time and did not stop to investigate. All attempts to coax the dog away from the locality have failed, and the animal Us nearly wild. It Is supposed that It subsists on- game that it catches in the vicinity. WOMAN DRIVES OUT THUG Prevents Robbery of Hotel Bag gage, Then Falls in Faint. nxTTj-T Tvc.Tnv Wash.. Jan. 2fi. (Spe- fr.,VTnrn. tndav at the point ( of an unloaded gun, caused the flight of four thieves from the Hotel Northern while they were busily engaged in going through the baggage of the guests of the house. Mrs. McMoran, who is the housekeeper, became suapicious of the men, who came in on the Anacortes branch train. She watched them closely last night, with nothinir cropping out to verify her In stinctive feeling that something wrong was going on. Today Mrs. McMoran found the men going through the belong ings of guests of the house. She pro cured a gun from the folds of her skirt and wabblingly pointing at the thieves, told them to put up their hands. They complied, and she marched them out ot the house. Then she locked the door and fell In a faint, the unloaded Colt fall ing to the floor. All the men escaped. They were regis tered as C. H. Martin and M. C. Jensen, of Salt Lake City: E. S. Comet, of Den ver, and Jack J. Frank, of Delavan. SENATE CANNOT QUIZ HIM Bonaparte Calls Attention of Com mittee to Corporation Law. "WASHINGTON, Jan. 16. That the Sen ate has no right to call upon Presi dent Roosevelt for Information which he may have obtained from the United States Steel Corporation when he countenanced that concern's absorption of the Tennessee CoaJ & Iron Company is the opinion of the special committee on judiciary appointed to investigate the matter. Mr. Bonaparte directed the committee's attention to the act to establish the Department of Commerce and Labor. Under that act the Commissioner of Cor porations Is empowered to gather from corporations engaged in Interstate com merce such data as will enable the Presi dent to make recommendations to Con gress for regulation. This provision of law concludes as follows: "And the Information so obtained, or as much thereof as the President may direct, shall be made public." KIERAN ARRESTED AGAIN Picked Vp as Fugitive From Justice, but Later Released. NEW YORK, Jan. 26. Patrick J Kieran, vice-president of the Fidelity Funding Company, whose affairs are in the hands of a receiver, was arrested at his home here late today on the ground that he was a fugitive from Justice and that he was wanted in Pittsburg, where charges of grand larceny had been lodged against him. Kieran had been locked up In a police cell onlv a few hours when word came from the Chief of Police of Pittsburg that Kieran had given bonds there and requesting that he be released. This was done, but Kieran was served with an order to appear in the Supreme Court January 29 to be examined regarding the affairs of the Fidelity Funding Company. SPOTLIGHT LURE WINS Jeffries Will Appear in Vaudeville Tour of Country. SAN FRANCISCO. Jan. 26. James J. Jeffries, retired heavyweight champion of the world, will appear in vaudeville throughout the larger cities of the Kast. beginning March 1 in New York. The fact that the big fighter has signed a eontract for that period with one of the largest circuits was made public tonight. It is reported that Jeffries Is to get JT0, 000 for his work, though the details of the financial arrangement are withheld by the parties to the contract. The na ture of the "stunt" the pugilist will go through on the stage has not been re vealed. RESTAURANTS GO TO SEA California Flood Changes Course of River With Freak Results. SAN LUIS OBISPO, Cal., Jan. IB Three Harvey houses (railroad restau rants) at El Pizmo were carried away and swe.pt into the Pacific Ocean today when Price Creek overflowed and swept through the town. Arroyo Grande is partly under water and the Santa Maria River has changed its course, threaten ing the City of Santa- Maria. L RISES IN MIKADO'S COURT Aristocracy of Japan Set by the Ears. COUNT TODO MARRIES ABROAD Secretly Divorced and Applies for Hand of Princess. ENTIRE STORY IS PRINTED Imperial Court Investigates and Finding Story True Annuls Marriage and Dis graces Count. LONDON, Jan. 26. (Special. ) The Tokyo correspondent of the Standard relates a scandal, indirectly Involving the imperial house ot Japan, which is causing a great stir In the Japanese capital. Count Todo. 21 years old, was sent to Kngland two years ago to complete his education, and while there married a woman of Hungarian birth, Mrs. Klena Addison, 29 years old, widow of an Knglishman. ' Tne Count's family, upon learning this, peremptorily ordered him to return to Japan. He did so, leaving his wife in Entcland. When he arrived home he found his family, which shares the traditional aristocratic repugnance to mixed mar riages, had In his absence started nego tiations for his marriage to Princess Take, member of a collateral branch of the Imperial family. The Count's di vorce from his English wife was imme diately resolved upon. This was comparatively easy In Japan. The Count secured a divorce without con sulting his wife. As Boon as free he formally applied for the Trim-ess Take's hand and the Emperor sanctioned the al liance. Congratulations were pouring in upon the Todos, when an editor of a Tokio newspaper, hearing the facts, print ed them. General consternation followed. The nobles of the Disciplinary Council Inved- (Concluded on Pas jM INDEX OF TODAY'S NEWS The Weather. YESTERDAY'S Maximum temperature, decrees: minimum, 31i. 0. TODAY'S Increasing cloudiness prnhshly followed by rain; warmer; outheaterlj win (lift. lrgisluture. Washington Legislators bury local option bills In committee after lively row. rage 7. Multnomah pays 3J per cent of state ts.i-1 and has only 0 of 0 members of legis lature. Page 3. Governor ChamberlBln will not resign offlc of chief executive, rage 1. Eight measures of 1DOT session paseed over Governor's veto at Salem. I'age 5. Grange and Federation of Labor send lobby to fc'alcm. Page tt. Oregon retains whlpplng-post law. rage 7- Tax muddle In fair way to be settled by temporary restoration of Equalization Board. I'age 6. Bill to make convictions easier In local option violations presented by Bonebraks of Benton. Page 5. Idaho House passes local option bill; liquor Interests uneasy. Page 4. lomette. GlUett sends message to California Legis lature against anti-Japanese bills. I'BKB 4. Ovation given Captain Bealby on arrival In New York. l'ag 2. Judge Grosscup' denies he will resign, but Calhoun is talked of as successor. Page 1. Three true bill reported found by Oklahoma Brand Jury In land fraud Inquiry. Page 3. Chinese laundries accused of spreading lep rosj . I'age I. Jerome asks Governnment to let him prose cute canal bill suit. Page 1. Foreign. Japanese prince secretly marries Hungarian and marriage is annulled In Japan. I'age 1. National. Root refuses to send Budo-wicx back to Russia. Page 2- Ralney makes violent attack on Administra tion's management of canal. I'age 4. Benator Davis raises cry of National bank ruptcy. Page 6. Chinaman erased with opium stands siege In burning barn and commits suicide. Page 1. Hawley syndicate buys Chesapeake & Ohio Koad. Page 4. roiitics. Charges of bribery block Stephenson's elec tion as Senator In Wisconsin. Pae 1. Deadlock in Illinois continues. Page 1. Sprts. Rllev and O'Connell are evenly matched for bout on mat tomorrow. Page 11. Pacific Northwest. Gordon arrnlgned; case set for March; gives J'JO.OOO ball. Page 8. Schooner Thayer reaches Hoqulam with rig ging all gone. Page 13. Seattle Sorority girls refuse to pay rent and are ordered ousted from chapter house, rage 4. Commercial and Marine. Wheat sells at 11.09 In local market. Page 17. Wheat slumps again In Chicago market. Page 17. Sharp drop In Consolidated Gas Stock, rage 17. Lumber exports, foreign, for month of February will break record. Pags 16. Portland and Vicinity. Tugboat No Wonder goes down In collision with steamer potter. Page 19. Bill before Legislature to put Oregon Na tional Guard on new basis. Page 10. Dr. Chapman and F. V. Holman have wordy nrangle at Charter Board session, rage 13. Council will consider two vetoes hy Mayor l.ane at today's session. Page 12. Van Auker, ex-cashier, tells tales of ad venture. Page 12- Governor-elect Cosgrove spends day la Portland. Pag 10. SGANDA 1 Di 104.2