Morning Oregonian. (Portland, Or.) 1861-1937, February 05, 1909, Image 1

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    vn... V,.vm.-XO. 16 ' rOETLAXD, OREGrR! FEBRUARY 5,1009. PRICE 1'IYK CEXTS.
Rabid Action by Cali
fornia Legislature.
Says Bill Most Offensive of
All Against Japs.
House Provides Separate School, but
President Says Bill Is I'nooo
stltutlonai -Battle on Re- - -consideration
SACRAMENTO. Feb. 1-WHh the de
feat tn the Lower House today of John
Bon's two bills prohibiting aliens from
being members of boards of directors and
restricting; them in residence districts at
the option of Loards of Supervisors, fol
lowed by the unexpected passage of a
third bill segregating Japanese school
children In separate schools along with
Chinese, Oreans and other Asiatics, re
garded as the most offensive measure of
all. President Roosevelt again has taken
a hand In the anti-Japanese legislation
l.i the State Legislature, which for the
last week has drawn international atten
tion to California.
Hardly had the Mil passed before Gov
ernor Gillett received the following mes
age from the President:
"Your kind letter just received. What is
the rumor that the California Legislature
has pass?d a bill excluding the Japanese
children from the public schools? This
Is th most offensive bill of all, and
In my Judgment is clearly unconstitu
tional and we should at once have to test
It tn the courts. Can it be stopped In the
Legislature or by veto?"
The Governor at once sent a reply, the
nature of which he declines at this time to
make public and requested of the Presi
dent an Immediate answer. Pending the
receipt ot another telegram from the
President, the Governor declined tonight
to discuss the action of the Assembly to
day. Classes Japs With Mongolians.
The bill passed today, which was one
of three anti-Japanese measures intro
duced by Grove I Johnson, places the
Japanese in the same classification with
other Asiatics and inserts the word "Jap
anese" in the present state statute pro
viding for the segregation in separate
schools of "Mongolian" children. By this
action the lower House of the (California
Legislature has taken the step which the
Board of Education of San Francisco In
tended to take two years ago, but which
was dropped after the Board and the
then Mayor. Eugene E. Schmitz, were
called to Washington and had several
long conferences with the President.
At that time it was contended by the
Japanese that they were not "Mongol
ians." they resenting the efforts to place
them in the same class with the Chinese.
Coreans and other Asiatic races, and the
question was also raised whether, under
the state statute, segregation of Japanese
could be enforced in the absence of spe
cific mention of the word Japanese."
Upon the return from Washington, the
San Francisco School Board at that time
contented itself with the adoption of a
rule limiting the age of pupils that would
be permitted to attend the public schools,
one'of the principal objections to the Jap
anese being that adults were attending
the primary grades and associating with
white children of tender years.
Will light to Reconsider.
Unexpected and a surprise was the
passage of the Japanese school segre
gation bill. After the defeat yester
day of Drew's anti-alien land bill,
which was taken generally to fore
shadow the rejection of all the meas
ures aimed at the Japanese, followed by
the defeat today of two more anti
Japanec bills, the result of the vote
on the school segregation question was
entirely unlooked for.
Immediately upon learning of the
Assembly's action, the Governor called
into consultation Speaker Philip Stan
ton and the llepubllcan leaders of both
houses of the legislature. The latter
expressed the hope of still being able
to defeat the measure in the Assembly
jpon reconsideration, and it was with
Hi!.; in view that Ieds of Los Angeles,
after roll-call, changed his vote from no
to yes and gave notice that tomorrow
he would give notice to reconsider the
vote crt 48 to 25 by which the bill was
passed. It will require 41 votes to
carry Leeds'-motion. In the event that
is adopted it is freely predicted to-
Lht that one of the fiercest battles
waged In the California Leglsla-
Iwill resul from the effort to kill
Tie Vote on Segregation.
The Assembly debated all day the
three anti-Japanese bills. The first one
taken up. preventing aliens from being
uiembere of boards of directors, was
Dcaten easily, the vote standing 54
to IS.
The next providing for the segrega
tion In residential districts of all un
desirable aliens, ended In a tie vote
37 to ST the measure being defeated
by being four votes short of a majority.
Johnson of Sacramento, its author.
(Concluded on Pace 6
Asqnlth, Grey and JIaldane Want
Six More Dreadnaughts and
' Force Crisis.
LONDON. .Feb. 4. (Special.) Several
of the leading London newspapers this
morning oubilsh the news of the crisis
in the British Cabinet. The Daily
Chronicle, while predicting that the
Cabinet itself will not fall to pieces,
says that rumors of impending resigna
tions affect the portfolios held by
David Lloyd-George, Chancellor of the
Exchequer; Winston Spencer Churchill,
president of the Board of Trade; Lord
Morley. Secretary of State for India,
and John Burns, president of the Local
Government Board.
The Daily Mail announces that the
struggle In the cabinet is extremely
stubborn and may at any moment result
in an open rupture.
The Dally Graphic tells the story of
the quarrel and adds:
"The question of strengthening the
navy may be determined by balancing
the political forces within the Liberal
party rather than by an Impartial ex
amination of the internal situation."
All thl3 trouble Is due to the desire of
Premier Asquith, Foreign Secretary
Grey and War Secretary Haldane, urged
by the admiralty, to build six new
Dreadnoughts to cost 12.000.000 ($60,
000.000). These men deliberately planned
to compel the Radicals In the Cabinet
to accept this programme or get out.
McKenna Says Possible AVestern Ex
tension Bought Terminals.
CHICAGO, Feb. 4. (Special.) H W.
McKenna, vice-president of the Chicago,
Milwaukee & 9t. Paul Railway, when
asked about the purchase of a tract of
land in the Portland terminal district,
said that if the St. Paul had purchased
any land in Portland it was news to him.
"Would you tynow about it If the St.
Paul had made this purchaser' Mr. Mc
Kenna was asked.
"I am connected with the Chicago. Mil
waukee & St. Paul Company," said Mr.
McKenna. "If the Chicago, Milwaukee
& St. Paul had purchased the land, I
would know about it. However, a deal of
this, kind might have been made by the
Chicago. Milwaukee & Puget Sound Rail
way, which now Is maintained independ
ently, and I would know nothing of the
President Earling. of the St. Paul, is out
of the city and it was not until late "td
nlght that Mr. McKenna could be reached.
Mineworkers Throw Dispute Out of
INDIANAPOLIS. Feb. 4. The dlsrute
between Thomas L. Lewis, president of
the United Mine Workers, and John H.
Walker, president of the Illinois district,
was thrown out of the convention today,
after having divided the delegates into
camps striving against one another, giv
ing rise to charges of corruption and be
trayal of the organization into hands of
mineowneres. and dragging the conven
tion into a third week, at an extra ex
pense of nearly J20.0OO to the National
Venezuela Rejects Terms of Settle
ment Buchanan Offers.
CARACAS. Saturday, Jan. 23. It is
learned today that the protocol drawn up
by W. I. Buchanan, the United States
Special Commissioner sent here to settle
outstanding disputes between the United
States and Venezuela, had been found
unsatisfactory to Venezuela, and would
not be signed in its present form.
The hitch had occurred over the case
of the New York & Bermudez Asphalt
President's "Young Friend" Slated
for Continued Honors.
WASHINGTON, Feb. 4. Friends of
William Loeb. Jr., secretary to the Presi
dent, made the statement today that he
is to become collector of the port of
New York at the beginning of the next
Administration. Mr. Loeb, it Is stated,
is to become the confidential political
adviser of the next President on New
York matters.
Fire In Adventlst Home Causes
Death and Panic.
BATTLE CREEK, Mich., Feb. 6. The
Haskell home, a Seventh-Day Adventlst
organization, was burned easily this
morning. There were 37 children in the
building at the time, and of these three
are missing. Seven girls jumped from
a third-story window And one was In
Opposition in Senate Cost Measure
Passage This Session.
WASHINGTON. Feb. 4. Congressional
leaders have informed President Roose
velt that there is little chance of state
hood for New Mexico and Arizona going
through at this session. Opposition in
the Senate is given as the reason.
Salary Bills Are Slain
in Hot Debate.
Quotes Cooper in Defense of
His Dignity.
Governor's Veto of Increased Salary
for Grant County's Democratic
Shcrifr Sustained by a
Vote of 19 to 11.
STATE CAPTOL, Salem. Feb. (Spe
cialsSeveral salary-grabbing bills met
their Waterloo In the Senate th!s after
noon and apparently many bills of that
nature will fail to pass the Senate over
the Governor's veto. Three bills were
killed by the Senate by a vote of 19 to
11. 20 votes being necessary to pass a
bill over the veto. One bill, providing
for an increase in the salary of the
School Superintendent in Polk County,
was passed, but with not a vote to spare.
The fight in the Senate over the votes
was the fiercest that has occurred this
session and personalities were handed
across the hall without restraint.
Newspaper Lie, He Intimates.
Senator Abraham read a newspaper
report of resolutions adopted by a wool
growers' association In Baker County
condemning the passage of salary bills
to show that Senator Hart was not rep
resenting the views of the people of his
Senator Bailey asserted that many
such things are manufactured in news
paper offices and that notwithstanding
it was printed in the paper, it was Just
a9 likely not to be authentic.
Senator Hart, replying to Abraham,
said that the latter illustrates the old
saying that a lltt learning is a dan
gerous thing. "So far as Senator Abra
ham's reflection upon me Is concerned,"
said Senator Hart, I need only quote
Cowper to express my feelings: 'A
moral, decent, well-bred man,' will not
offend me, and no other can." So I say
to the Senator from Douglas that he
cannot offend me and no other Senator
will. When any man undertakes to tell
me how I should act upon any measure
that comes before me, he commits an act
of discourtesy which no decent -man
would do."
After these personalities had been ex-
( Concluded on Pago 8.)
Demands Admission to Cut Out
Heart of Lee 0XeilI Brown
at Springfield.
SPRINGFIELD, 111., Feb. 4. (Spe
cial.) A woman, dashing in appear
ance, created a sensational scene at
the door of the Hall of Representa
tives Just before the ballot on United
States Senator was completed today.
In a highly agitated state of mind she
demanded admission.
"I want to see Lee O'Neil Browne,"
she cried hysterically. "I want to cut
his heart out. He can't fool me, as he
has fooled other women. "I'll kill him."
The doorkeepers, assisted by mem
bers of the House, with di- iculty re
strained the woman. Browne got word
of her presence and sent out a friend
in an attempt to pacify the woman,
but she was a veritable cyclone. Cry
ing and weeping, she fought those who
detained her. With difficulty she was
led from the door and sent down the
elevator and out of the State House.
The woman, it develops, created a
stir at the St. Nicholas Hotel yesterday
afternoon. She tried to gain admit
tance to Representative Browne's room
and at that time is said to have had
a revolver. She threatened to shoot
the statesman. Friends of the minority
leader, among them Representative
Cermak, of Chicago, got Mr.-Browne
out of the room and succeeded in
quieting the woman.
Colorado Bill Requires Agreement
on Price of Ore.
DENVER. Feb. 4. A bill was intro
duced today in the Legislature providing
for the appointment of an Ores Commis
sion which shall have powers over the
smelters similar to those of the Inter
state Commerce Commission over rail
roads. The bill provides for the return of ores
to the vendor in case the net price be
not mutually agreed upon, and provides
that, should the ore have been mixed
with other ores so that it is impossible
to return iti the smelting company shall
be liable fori twice the value of the ore.
The bill provides penalties for rebating
or any discrimination in the purchase or
treatment of ores.
The commission is to consist of three
members, one of whom shall be the State
Passengers at Seaside Forced to
Transfer at Warrenton.
ASTORIA, Or., Feb. 4. (Special.) A
washout occurred this afternoon on the
Astoria & Columbia River Railroad tracks
near Warrenton, as a result of the high
tide flowing through the breaks in the
dikes. The Portland train from Seaside
was unable to reach Astoria this even
ing, and It was necessary to transfer
passengers and mail.
Employer Is Liable for
Personal Injury.
Taft Decision Is Precedent for
Appellate Court. .
Welsh Estate Granted New Trial by
Ruling at San Francisco That
Will Result In Protect
ing Workmen.
Reiteration of the famous Narra
more decision, which laid down .a. new
rule of law relating to the assumption
of risk by workmen assigned to haz
ardous tasks, and which marked the
beginning of Judge William H. Taft's
rise to the Presidency, is embodied in
the decision on an Oregon case in the
United States Court of Appeals, hand
ed down yesterday forenoon at San
Francisco, in reversal of findings pre
sented by the United . States Circuit
Court for the District of Oregon,' last
September. The decision directs a new
trial at Portland of the damage suit
of Welsh against the Barber Asphalt
Company, and it is regarded as another
important victory for the American
workingman as It will have a direct
influence hereafter in compelling fac
tory and mill operators to install ev
ery possible safeguard in places where
workmen are exposed to any element
of danger.
Taft Ruling Is Precedent.
The decision Is further regarded as
establishing that Judge Taft's famous
ruling is set down as a precedent in
such cases and that in the future the
employer will be liable for damages
as well as for criminal proceedings
If he fails properly to box In dangerous
mechanism 6r ' equip machinery with
every facility for its proper control.
It also again emphasizes Judge Taft's
high regard for the rights of the la
boring classes. For previous to his
paving the way, courts had held from
time Immemorial that a workman go
ing to a place of danger in the per
formance of duties required of him as
sumed the risk and "peril of the un
dertaking. Even after laws had been
passed requiring certain safeguards for
all machinery, the courts held that the
employers were liable criminally but
Concluded on Page 5 )
Xo Bones Broken, but Victim of Ac
cident Must Walk on
Crutches for a Time.
LONIJOX, Feb. 4. (Special.) As a
result of a bad fall on the last eastward
trip of the Lucania, ex-Senator William
A. Clark, of Montana, is now on crutches.
The third day out Mr. Clark was thrown
heavily down the companionway, owing
to a sudden pitch of the ship. He was
assisted to the cabin and attended by
the ship's surgeon.
No bones were broken, but the ten
dons of his right leg. were severely
strained. Arriving in London, he ,was
carried into the Hotel Ritz, where two
eminent surgeons wer consulted. They
ordered . the use of crutches for some
Xebraskan Thinks II Foresees Dem
ocratic Victory.
TAMPA. Fla.. Feb. 4. Speaking to an
Immense crowd at the racetrack today,
W. J. Bryan said he brought to t,he
Democrats of the South a message of
good cheer and declared there is a
steadily increasing sentiment that makes
for the growth of the Democratic party
in the United States. He predicted the
masses would demand their rights of the
aristocratic classes.
Mr. Bryan said the President had taken
to himself all the authority of a czar In
the manipulation of his high office. Ho
declared prospects were brighter than
ever for Democratic victory In 1912.
Mr. Bryan was the guest tonight at a
banquet given in his honor by the State
Midwinter Fair Association and spoke on
"The Future of the Democracy."
Mr. Bryan reviewed the recent sentence
of Samuel Gompers, John Mitchell and
Frank Morrison to Jail on contempt
charges, and declared these leaders of
organized labor were entitled to the sym
pathy of the entire people.
President Tnited Street Rail-ways of
St. Paul and Minneapolis. '
MINNEAPOLIS, Feb. 4. Thomas
Lowry, president of the Twin City Rap
id Transit Company, and of the Min
neapolis, St. Paul & Sault Ste Marie
Railway, died Ht his home here, today.
He had suffered from tuberculosis of
the lungs for several years. He was
66 years old.
Mr. Lowry was born in Logan County,
Illinois, and after completing the pub
lic school course attended Lombard
University at Galesburg. In 1S67 he
was admitted to the Minnesota bar,
before which he practiced for several
years. Later he purchased and united
the street railway systems of St. Paul
and Minneapolis, forming the present
holding company. He was married in
1870 to Miss Beatrice M. Goodrioh, of
. ,
E. R. Pen-in Wants John A. Benson
to Make Restitution on Deals.
SAN FRANCISCO, Feb. 4. Suit for
the recovery of $87,000 from John A.
Benson was filed today in the United
States Circuit Court by Dr. E. R. Per
rin; the complaint declaring that Per
rin was induced by Benson to turn over
$36,000 worth of Government land
scrip, and that as a result of the lat
ter's handing of the land deals in which
the two men were Jointly interested,
both were indicted for land frauds,
found guilty and sentenced to a year
in Jail and $1000 fine each. The value
of the scrip is stated to have increased
to $87,000. and the complaint alleges
that any benefits from the money were
received by Benson alone.
Texas Masons Had Xo Right to Ob
ject to Taft's Election.
CINCINNATI, O., Feb. 4. W. B. Melish.
past-master of the Masons, said today
the adoption of the resolution by the
Masonic Chapter of Wortham, Tex., con
demning the action of the Grand Master
of Ohio in granting a special dispensa
tion permitting President-elect Taft to
become a Mason at sight is "unprecedent
ed and inexcusable."
The grand master's action was abso
lutely regular, he said, and In accordance
with Masonic precedent. ' He said the
Wortham Chapter, In adopting the res
olution, is either an irregular chapter
or it is violating the tenets of Masonry
and that .the grand high priest can bo
asked to discipline it.
Takes Partner's Interest in Orange
Orchard for Son.
Vice-President Fairbanks, .through his
son, Fred, today concluded the purchase
from the Drew Company, of San Ber
nardino, of its half interest in the Drew
and Fairbanks ranch of 225 acres, near
Casa Lorn a.
The ranch was set to grapes and
oranges years ago by Mr. Fairbanks and
the late H. L. Drew. The deal today
was made on a bsis of $120,000 for the
ranch. It is the intention of the Vice
President to plant 100 acres now in era pes
to oranges. Fred Fairbanks will have
charge of the ranch ana the Vice-President
will spend hie Winters there.
Passes Legislature by
Big Majority.
Governor Will Approve Mea
sure at His Leisure.
Opponents Make Last Dcs-pairln;;
Plea on Ground It Will Kill
Horseracing Will Xot Af
fect Present Season.
SACRAMENTO, Cal., Feb. 4. Racing
in the State of California received a
vital, blow when the Senate today, by a
vote of 33 to 7, passed the Walker-Otis
anti-racetrack gambling hill, which pro
hibits poolselling. bookmaking or gam
bling on horse races. The bill having
already passed the Assembly, it will now
go to the Governor for his signature,
after which it will become a law.
Governor GiUott has signified his in
tention to sign the measure if passed,
but it is believed that he will not take
this action until 30 days shall have
elapsed. As the bill permits pool dealers
and bookmakers 60 dayR in which to close
up their affairs, the present season of
racing at the, Emeryville and Santa
Anita courses will not be disturbed.
Belting M,ado Felony.
The Walker-Otis gambling bill is .In
ferred to as "the Hughes law of Cali
fornia" in this section, inasmuch as it
follows closely the text of the Hughes
bill, which was passed by the last Leg
islature in the State of New Tork. Vio
lation of the measure Is made a fel
ony, the punishment for which Is Im
prisonment in the state penitentiary and
a heavy fine.
The Senate galleries were parked this
afternoon when Walker, sponsor of the
billpresented the measuro for considera
tion. He explained that it would not
prevent horse-racing nr.d would not In
jure the business of the state one Iota.
It was agreed by the proponents of the
bill that there should be no debate on
(Concluded en Pago 4.)
The Weather.
TODAY'S Rain; brisk southerly winds.
YESTERDAY'S Maximum temperature. 44
degrees; minimum temperature. 41. S.
Anti-Japanese Legislation.
California House passes separate school bill
after rejecting two other bills. Page 1.
Roosevelt declares separate school bill un
constitutional and will test it in court.
Page 1.
Nevada Snate will smother resolution.
Page 6.
Senator Newlands opposes action In Nevada
Salarv grab vetoes sustained by Senate
after heated debate. Page 1.
Normal school wrangle looms at Salem.
Page 8.
Bill to abolish compulsory pilotage passes
House. Page 9.
Joint committees named to Inspect state
Institutions. Page 9.
Treasurer Hastings makes heated reply to
accusations in House at Boise; fist fight
narrowly averted. Page 7.
Local option bill debated all day and far
Into night at Olympla. Page 7.
House passes bill for election on constitu
tional convention. Page 9.
Bill introduced proposing carte blanche for
printing bill of State Fair Association.
i'agu .
Northland denies charges in Stirling divorce
case, but admits attachment for Mrs.
Stirring. Page 5. '
British Cabinet on verge of split on naval
policy. Page 1.
Pacific squadron to he painted war-color;
war munitions shipped to Philippines.
Page 6.
Muskogee stands by Haskell and others In
dicted for fraud. Page 4.
Great traget practice by Navy. Page 4.
Qualtrough found guilty of drunkenness.
Page 4.
Ambassndor Von Bernstorff speaks on
American relations with Germany.
Page 5.
Brian predicts Democratic victory In 101X
rage 5
Tehama Bf '.11 under water, many cattle
drowned, railroad traffic stopped, rage S
California legislature passes anti-betting
bill and it will become law. Page 1.
Woman hvsterlcally demands admission to
Illinois House to kill member. Page 1.
fi ports.
Northwestern Baseball (League magnate
will meet here tomorrow. Page Id.
Eddie Kelly throws up sponge to Attall in
seventh round. Page 5
l'aciflc Northwest.
Fortland student suspended at Vniversltj
for hazing; five others retained on pro
bation. Page 7.
Mabel Young Warner, twice. tried on forgery
charge, files another will In celebrated
"Weston, case. Page 4.
Walter .Tohnson to be hanged today for
murder of Elmer Perdue. Page 7. -Commercial
and Marine.
Closing up of the big Horst hop deal.
Page 17.
Bonds in better demand than stocks. Page
Wheat makes further gain at Chicago.
Page 17.
British steamship Craydon chartered for
lumber cargo. Page 16.
Portland and Vicinity.
Decision on appea.1 of damage suite fixes
responsibility on employer. Page 1.
Twelve students graduated from East Sida
High School. Page 1.
Drunken logger killed by intoxicated saloon
keeper in North Knd. Page 11.
County may sue Clerk Fields for feea col
lected. Page 3 2.
Oregon breeders meet In annual convention.
Page 12.
Harriman officials announce that steel
bridge will ba rebuilt soon. Tage 16.