VOL. XL.IX. NO. 15,039. LET GOVE DEAL WITH JAPS Roosevelt's Appeal to California Solons. HE SEEKS WHAT THEY DESIRE But by Friendly Arrangement, Not With Insult. NO MORE JAP SETTLERS Telegram to Speaker Stanton l'uts Argument Against State Action Forcibly Bills Would Violate Treaties. WASHINGTON. Feb. 8. "The policy of the administration to combine the maximum of efficiency In achieving the real object which the people of the Pa cific Elope have at heart with the mini mum of friction and trouble, while mis guided men who advocate such action as this against which I protest are follow ing a policy which combines the very minimum of efficiency with the maximum uf insult, and wheh. while totally fail in? to achieve any real result for good, vi-t might accomplish an infinity of harm." Just Cause for Irritation. In this language. President Roosevelt, in a long telegram, to Speaker Stanton, of the California Assembly, set forth t.iday the Government's view of the nool bill. The President states that the bill gives just cause for irritation 'and that the Government would be obliged immed iately to take action in the Federal Courts to test such legislation, because it is lield to be clearly a violation of the treaty obligations of the ITntted States. The telegram to 'Mr. Stanton was sent only after a conference with Senator Flint and Representative Kahn, of Cali fornia, and Franklin K. Lane, of the Interstate Commerce Commission. To Mr. Stanton the President sent the fol lowing: Guards Interests of West. "1 trust there will be no misunderstand ing of the Federal Government's attitude. We are zealously endeavoring to guard the Interests of California and of the entire West In accordance with the de sires or our Western people. By friendly agreement with Japan we are now carry ing out a policy which, while meeting the Intercuts and desires of the Pacitlc Slope, is yet compatible not merely with mutual self-respect, but with mutual esteem and admiration between the Amer icans and Japanese. "The Japanese government is loyally and In good faith doing its part to carry out this policy, precisely as the Ameri can Government Is doing. The policy aims at mutuality of obligation and be havior. ' Xo Settlement in Mass. "In accordance with It, the purpose Is that the Japanese shall come here exactly as Americans go to Japan, which is in effect that travelers, students, persons en gaged in International business, men who sojourn for pleasure or study and the like shall have the freest access from one country to the other and shall be sure of the best treatment, but there shall be no settlement In mass by the people of either country in the other. "During the last six months, under this policy, more Japanese have left the country than have come in, and the total number In the United State has dimin ished by over yo. These figures are ab solutely accurate and need not be Im peached. In other words. If the present policy is consistently followed and works as well in the future as it is now working, all difficulties and causes for friction will disappear, wihle at the same time each nation will retain its self-respect and the good will of the other. School Bill Violates Treaty. "But such a bill as this school bill ac complishes literally nothing whatever in the line of the object aimed at, and gives just and grave cause for irritation: while in addition the UnlteM States Gov ernment would be obliged immediately to take action In the Federal Courts to test such legislation, as we hold It to be clearly a violation of the treaty. On this point I refer you to the numerous de cisions of the United States Supreme Court In regard to state laws which vio late treaty obligations of the United States. The legislation would accomplish nothing beneficial and would certainly causa some mischief, and might cause very grave mischief. May Do Infinite Harm. "In short the policy of the Administra tion is to combine the maximum of effi ciency In achieving the real object which the people of the Pacific Slope have at heart with the minimum of friction and trouble, while the misguided men who advocate such action as this against which I protest are following a policy which combines the very minimum of efficiency with the maximum of insult and which, while totally failing to achieve any real result for good, yet might ac complish an lnfiinity of harm. "If In the next year or two the action of ,ths Federal Government fails to achieve what .it is now achieving, then through the further action of the Presl- RHMENT l Continued on Page 2-) Jtitwitif Jilt- wm pm LITTLE HOPE SEEN BY GERMAN NATION EXPECTS "0 TANGIBLE TCESVLT FROM EDWARD'S VISIT. Desires I'ndcrstantling With Brit ain to Be Effected, but lias "o Confidence. BERLIN. Feb. 8. The visit of King Ed ward tomorrow is regarded generally In itself as an event at the present moment of the greatest political significance, and with the feeling that it would be an ex cellent thing for both nations if the meet ing of the two monarchs resulted in a mutual understanding tending to allay in ternational tension. From no quarter, however, is the expectation voiced with any confidence that the vieit of the Eng lish King will produce direct tangible effects. King Edward is accompanied by Queen Alexandra, and official circles welcome the royal visitors in the most courtly tone, regarding their coming to Berlin as a return for the Emperor's visit to England, and are making no comment on the political Importance of the event. COLOGNE, Feb. 8. King Edward and Queen Alexandra arrived 1 here at 10:30 o'clock tonight and proceeded to Berlin. MERCY FOR CRADLEBAUGH Wallace Officials Send Appeal for Clemency to Denver Prosecutor. WALLACE. Idaho, Feb. 8. 'Asking that the court deal with mercy toward John H. Cradlebaugh, of Wallace. Idaho, who shot and killed Fred Walton, also of Wallace, on the streets of Denver last week, members of the City Coun cil, the county officials and local busi ness men have signed a lengthy peti tion which will be addressed to the Prosecuting Attorney at Denver. After giving a history of the affairs leading up to the killing and speaking in terms of praise of Cradlebaugh's steady habits and devotion to his fam ily, the petition declares that Cradle baugh did only what "any other man would have done under the circum stances, in trying to right the wrongs done him in the breaking up of his home and family." SALEM FRESHMEN HAZED Three High School Lads Ducked In Icy AVaters of MUlrace. SALEM, Or., Feb. 8. (Special.) As first day welcome to the High School, Carl Hinges. J. May and a boy named Kaiser were given a drenching in the ley waters of South MUlrace by upper classmen this morning, and the school is in aturmoil as a result. At finst the freshmen were ordered to carry wood into the High School building by upper classmen. They were driven away from the grounds by Principal E. T. Marlatte. Sevenal freshmen were then bound together with rope and marched through the main streets to the mill race. Young Hinges was thrown into the water first. Kaieer was shoved from the bank a short time later, and May was given an option of fighting or being put into the stream. He preferred the water. Another freeh man resented this and put on the boxing gloves with an upper classman in Wil lamette University athletic field, and the sparring contest finally ignominlously ended by the appearance of the Univer sity president. Dr. Fletcher Homan. It is predicted that assembly tomorrow morn ing will bring some developments. OLD CITY EMPLOYE DIES William Braden Succumbs to Stroke of Paralysis. Death claimed William Braden, Sewer Inspector, and for the past S3 years in the employ of the city, at an early hour this morning. Mr. Braden had been ill for the past seven weeks at his home, 3S8 Clay street, suffering from a stroke of paralysis. He was 77 years old. He leaves, beside his widow, three daughters, Mrs. William Howes and Mrs. M. R. Whitehead, of Portland, and Mrs. Minnie Matthews, who was the wife of "Jack" Matthews, United States Mar shall: and a son. Frank C. Braden, of Portland. No arrangements for the fu neral have been made. RUSSIA BULLYING CHINA Set Vp Xcw Municipality, Ignores Trenty Rights. PEKIN". Feb. 8. Foreign residents at Harbin are alarmed at the activity shown there by Russia during the past fortnight. In Installing a municipal ad ministration, hitherto held in abeyance, and in overpowering Chinese authority, collecting heavy taxes and exercising severe police measures. It is further reported that the Rus sian authorities are Ignoring the treaty rights of other nations, and that the Viceroyalty of Mukden is considerably excited over the situation. CRIME TO SEE PRIZEFIGHT Drastic Bill Against Pugilism Offered In California. SACRAMENTO, Cal., Feb. 8. Senator John P. Hare introduced in the Senate today a bill aimed at prizefighting that is much more drastic than the one presented by Senator Henry M. Willis a week ago. It not only prohibits fistic encounters where admission fees are charged, but makes it a misdemeanor to witness a fight, the maximum penal ty for this offense being JjOO. PORTLAND, OREGON, TUESDAY, FEBRUARY DIRECT CONFLICT T Hampers Action To ward Apportionment. TWO AMENDMENTS OFFERED But Cannot Become Effective at Next Election. MULTNOMAH GETS WORST Country Legislators Would Oppose Mahone's . Scheme Because It Would Give County 30 Mem bers Way to Get Them. STATE CAPITOL, Salem, Feb. 8 (Spe cial.) Because of apparent direct conflict between different sections of the Oregon constitution, the Legislature faces an embarrassing problem regarding legis lative apportionment. At the general election last June the people adopted a constitutional amendment which de clares, among other things, that a voter may vote for one person under the title for each office. But another section of the constitution provides that no county shall be divided in creating a Senatorial district, so that it is difficult to see how both' provisions of the constitution can be complied with. There are. two resolutions before the Legislature for the purpose of submit ting constitutional amendments permit ting the division of a county and requir ing that but one Senator or Representa tive shall be elected in each district. But this amendment cannot be voted upon until 1910 and will not be effective until the election of 1912. so that the dif ficulty is to harmonize the constitutional provisions in the election of members of the Legislature in 1910. How Difficulty Arises. How the difficulty arises will readily 6e seen from an illustration. Multno mah County new has five Senators. Each party has a right to nominate five can didates, so that there are on the ballot at the general election the names of about 15 or 20 candidates. At the head of this portion of the ballot there 'is placed the Instruction "Vote for five." But the proportional representation amendment contains a clause which says: "livery qualified elector resident In his precinct and registered as may be required by law may vote for one per son under the title for each office." This sentence, thrown into the middle of the section providing for proportional representation, appears on its face to give no authority to vote for more than one person under the title for each of fice. It is said by lawyers who have exam ined the subjep that In order to vote for more than one under the title for an office, a strained construction must be given to this sentence that is, that it was Intended to apply only in case a system of proportional representation shall be adopted. The sentence was not necessary to the effectiveness of the pro portional representation amendment and because it is inconsistent with prevail ing methods of holding .elections, may be ignored altogether. Provisions of Constitution. Section 11 of article 4 of the constitu tion provides that each h6ise shall be (Concluded on Page 6.) CONS ITUTION FUNERALDAY SET; MAN FOUND ALIVE WIFE HAD IDENTIFIED CORPSE AT JHORGUE. Skeptical Detectives Make Still Hunt and Locate Missing Husband In Bath Parlors. SAX FRANXISCO, Feb. 8 Despite the fact that all arrangements had been completed for his funeral which was to have taken place Wednesday and that his wife and sister have shed many tears over his body, which lay in state in an Oakland undertaking -parlor, Edward Rhodes, a ship's carpenter, insisted that he was far from being a dead one when interviewed at the Hammam bath estab lishment In this city tonight. Rhodes has been missing from his home for some days, and when his wife called at the morgue today to look at the body of a man, she declared the body to be that of her husband. His sister joined In the identification, and the body was removed to Oakland to be prepared for burial, while the lodge to which RhodeB belongs expressed Us readiness to foot the. bill. Two Police Department detectives, who knew Rhodesv were skeptical as to the identification and started on a search that ended in the discovery of Rhodes at the baths. DIXEY LOVE LETTERS, TOO Will Follow Lillian Russell and Publish Warm Epistles. NEW YORK, Feb. 8. (Special.) Henry E. Dixey, who Is still known as "Adonis" Dixey, says he has "love letters to burn" and will publish a book of these epistles. From the time of his appearance in "Adonis" a quarter of a century ago, Dixey has preserved the most interest ing of the numerous missives sent him by admiring women in scores of cities and towns where he played. These now fill several trunks. His volume is to bear the title "Unso licited -MSS,." which was suggested by his friend, Oliver Herford. The idea of publishing the choicest of these letters was tprmed, Dixey said today, when Lillian . Russell stated her purpose to print a book of love letters she had saved. He explains that he wishes to show the weakness for writing letters of this character is not confined to men. MITCHELL FINE UP AGAIN Government Appeal in Land-Fraud Case Heard at Bay City. SAN FRANCISCO. Feb. 8. Contesting the attitude of the defendant that a fine imposed against a man should not be enforced against his estate if he should die before collection were made, the Government attorneys appeared before the United States Circuit Court of Ap peals today to argue the appeal filed by the Government against David M. Dunne, administrator of the estate of the late John H. Mitchell, formerly United States Senator from Oregon, who was convicted of land frauds and sen tenced to pay a fine. The Circuit Court of Oregon held that the object of the fine had been removed by the death of Mitchell, and the Government appealed the case. "SALOME" IS NOT WANTEt) Philadelphia Preachers Protest, but All Seats Are Sold. PHILADELPHIA. Feb. 8. The forth coming production of "Salome," at Oscar Hammerstein's Philadelphia Opera-House Thursday night, with Miss Mary Garden in the title role, has aroused the opposition of the clergy of Philadelphia. Several of the ministerial bodies adopted resolutions of protest today. The house was sold out a few hours after the ticket-office opened. NOT REALLY FUNNY fiZz K vfT'x'i Ause rsf rjw 9, 1909. MAY WHEAT HITS Quotation at Close Is Above $1.11 Bushel.. HEAVY SALES STOP SOARING Record Price for Day Is Made When $1.11 3-4 Reached. HEAVY FOREIGN DEMAND Leading Owners Sell Heavily to Stop Advances and Call on Friends to Follow Suit Market Closes Steady. CHICAGO. Feb. 8. (Special.) May wheat displayed a runaway tendency to day and made a new high record. The market opened with unusual excitement In the pit and early displayed such res tive features that the leading owners not only sold heavily to check the advance, but advised all their followers to do like wise. This advice was followed so promptly that the position at the close showed the reverse of the early tendency. May closing with a gain of cent, while other months gained to cents, as compared with Saturday's finals. The range for the day was: Opening, $1.10?6; high, Jl.11; low, $1.10; closing, $1.11. Feci Foreign Influence. Higher foreign markets, despite quite an array of bearish statistics, stamped ed a large number of shorts In the May delivery here. Shorts In July were also disconcerted by the official forecast of a cold wave In a good portion 6f the Winter-wheat belt last night and today. The Patten sales were variously estimated at 1.000,000 to 3,000,000 bushels, made open ly through his own firm, and there was, of course, a great deal of other selling by commission houses which might or might not have been for the leading owner of May wheat. Some of the larger local traders, not ably Champlln and Pringle, put a great deal of wheat on the market early. The Logan-Bryan sales were estimated at nearly 2,000.000 bushels. A large volume of business was done at practically one price during the first half hour of the session. Many Commission Orders. Commission houses evidently had large resting orders to buy and sell May wheat at 1.11. There was considerable miscellaneous buying of July wheat, prin cipally for local account, and generally a larger volume of business. The latter, however, continued largely professional 4n character. World's shipments of wheat last week were much larger than expected, and practically the same as those of a year ago at 12.048.000 bushels, as compared with 12,09G,000 bushels. Larger ship ments from Russia than expected were principally responsible for the overrun ning of the week's total. Russian ship ments were three times as large as those of the corresponding week last year, at 1. 680,000 bushels, as against 536,000 bush els. Supplies on ocean passage made another remarkable increase 6,184.000 bushels last week, thus bringing the to tal supplies afloat up to within 4,000,000 bushels of last year, or 39,064,000 bush els, as compared with 43,160.000 bushels. Domestic statistics were principally as (Concluded on Page 4.) MICH RECORD PRESIDENT WRITES 0FUNSTRUCKBL0W SAYS RIDIXG STORY XOT WORTH DENIAL. In Letter to Mrs. Rhoades, Execu tive Pays Respects to "Mali cious Mischtcf-Makers. L03 ' ANGELES, Feb. 8. Mrs. A. W. Rhoades, of this city, whose daughter was mentioned in the Washington story which was widely circulated to the effect that President Roosevelt had struck the young lady's horse while riding past her on the road, has received the following- letter from the President on the subject: "My Dear Mrs. Rhoades: I thank you for your letter of the 29th ultimo and am glad to hear from you that your daughter denied the story that I struck her horse. Of course I never struck her horse or any other lady's horse. The whole story was so absurd as not to be worth denial. Nu merous stories of this kind are started from time to time by foolish or malicious people. Occasionally 1 am obliged to deny them, but as a rule I find it best simply to Ignore them, because denying them calls attention to them and gives a chance to mischief-makers to mislead well-meaning people by further repetitions of the stories. Sincerely yours, "THEODORE ROOSEVELT." REDUCE PHEASANT SEASON Hunters Allowed to Kill but Five Birds a Day for One Month. STATE CAPITOL, Salem, Feb. 8. (Spe cial.) As amended by the Joint commit tee on game, the season for hunting pheasants has been shortened to one month October 15 to November 15. The limit has been reduced from ten to five birds a day. One concession was made to the sportsmen in that hunting with dogs will continue to be allowed. The season ' for duck-hunting on the Columbia River has been fixed from Sep tember 15 to January 15. This was a compromise by the committee to satisfy the conflicting Interests that appeared before it. The limit will remain at 50 ducks, but the sale of this game will not be permitted in the market. The committee tonight completed its examination of the revised game laws as compiled by Secretary Eberhard, of the Oregon Fish and Game Association, and with a few slight amendments will report the original draft back to the House favorably tomorrow. W. L. Finley, representing the Audubon Society, succeeded In having the open season for ducks shortened 15 days. HOME RULE FOR FILIPINOS Petition to Abolish Commission and Substitute Elective Senate. MANILA, Feb. 9. A eroup of Philip pine Assemblymen, headed by Felipe Agonclllo, has prepared a resolution for presentation to the Assembly, di recting the three delegates sent to Washington from the Islands when the present Congress convened, to keep in touch with matters at the capital bear ing on the Philippines, to petition Con gress to abolish the Philippine Insular Commission and substitute therefor ah elective Filipino Senate, composed of 20 members. It is proposed by the framers of the measure to ask members of the Insular Commission to join in the petition, and should they refuse to do so, to send it to Washington as an Assembly resolu tion. The local American press does not regard the matter seriously. RULES ON TOURIST RATES Commission Says Railroads Cannot Exchange for Tickets Unused. CHICAGO, Feb. 8.-(Spec!al.)-The In terstate Commerce Commission has de cided that it Is Illegal for any road to take up the return portion of a tourist ticket, the limits of which have expired, and issue to the holder therefor a ticket at nine months' tourist rates, charging the difference between the two classes of tickets on account of the transaction. In such case the holder of the unused portion should be required to pay the regular one-way rate for his return trip and then make a rebate claim for the unused portion of the round-trip ticket. IThe road resorting to the former method of squaring with the holder of the ticket -has no right to require the connecting rcds to make settlement on the original basis of divisions, but should be required to accept divisions on a reg ular one-way rate basis. KING MENELIK IS NOT ILL Ruler of Abyssinia Riding Auto, Not Taking Medicine. ADDIS-ABEBA, Abyssinia, Feb. ?. The local representative of the Reuter Telegram Company has been officially requested to deny the report in circula tion recently of the serious illness of King Menelik. The King is now absent on an automobile trtur. RECALL PETITION SIGNED Los Angeles Will Have Election on . Harper's Successor. LOS ANGELES, Feb. 8. The canvass for names for the recall petition against Mayor Harper has been closed. The Municipal League has more than enough names to compel the City Coun cil, under the charter, to call a new election for the office of Mayor. PKICE FIVE CENTS. LEMP IS TUTOR IN VICE, SAYS WIFE Smoking taught Her by Millionaire. HE BEAT AND SWORE AT HER Photographs Show Her Smok ing and Drinking Beer. QUARREL ABOUT RELIGION Wife of Millionaire Brewer lias a Long Story of Abuse to Relate In Divorce Trial Threat ened With Revolver. ST. LOUIS, Mo.. Feb. 8 (Special.) On the witness stand this afternoon at the trial of her suit for divorce against William J. Lemp, Jr., the millionaire St. Louis brewer, Mrs. Lillian Handlan Lemp, known as the Lavender Lady, identified as true a picture which showed her smoking a cigarette. The picture was taken before her marriage and whs introduced as exhibit No. 1 for the de fense. In connection with the Introduc tion of a photograph, exhibit No. 2, showing her holding a goblet in her hand, she said she drank beer, but never whisky. Objections to these photographs on the ground that they were taken In fun be fore her marriage were overruled by the court. Then she testified that she was first taught to smoke cigarettes and drink beer by her husband. Wrote Decoy Letter. The letter beginning "My Dear Pal." in which she expresses love for some on else and great antipathy to her. hus band, she said, was written with a view to trapping her husband in going through her private papers. It contains this sentence: "He is going hunting next week, and I wish to heaven he never would return." On cross-examination in the afternoon Mrs. Lemp testified she was not per mitted to read either of two ante-nuptial contracts which she signed, regard ing the religion training of the children. Although Jn ths morning she testified her husband contributed nothing to her support after their separation, she ac knowledged that he had sent a check for $300 to her attorneys monthly. This, (Concluded on Pace 4. INDEX OF TODAY'S PAPER The Weather. VEFTBRDAY'S Maximum temperature, 48.8 degrees; minimum. it.'i.S degrees. TODAY'S Rain; southerly winds. Legislature. Oregon Legislature has no desire to tackle Japanese Issue. Page 6. Local option bill withstands all assaults of liberals at Olympia. Pag.a . Senate Doorkeeper obeys order and shuts out even Speaker McArthur of House. Paca 6. George I,. Baker and reformers clash In dobate over Sunday law. Page 7. Thompson proposes to modify Iron ore lease. Page 7. Clemens' Insurance bill meets hot oppo sition. Page 7. House sets day to consider "more" bills but soon relents. Paae 7. House at Salm favors bill tor water code, page 6. Bill for precinct vote on sale of beer to get anoLher chance. Page 6. Anti-Japanese Agitation. Roosevelt asks California to let Govern ment settle Jiip question, and says pro posed law would be insult to Japan. Page 1. California Legislature adopts Joint resolu tion asking for extension of exclusion to Japunese and Coreans. Page 2. National. House insurgents propose changes In rule which make. Speaker figurehead. Page 3. Roosevelt writes to Mrs. Khoades denying he struck her daughter. Page 1. Perkins will defend himself In Senate agalnBt Roosevelt's attack. Page 3. Elklns reports against Fulton rate bill. Page 3. Domestic. Roosevelt recommends law requiring wire less on passenger steamers. Page 4. Police on trail of assailant of Elizabeth tirapes at San Rafael. Train wreckers cause death of one person. Injury of 20. Page 1. Price of wheat booms In Chicago. Page 1. Mrs. Lemp gives sensational evidence In divorce case. Page 1. Steam schooner Aurelia has battle with slorm n Pacific. Page 4. Supposed dead man found alive while wife mourns over wrongiy-identtned corpse. Page 1. Sports. Multnomah Club to hold arnual meeting to- .ii.r PuLm Id. Ballplayers wilt under criticism, says Dug- aaie. x-as -n. Commercial and Marine. Hop shipments from Oregon for the season to date. Page 17. Firm undertone in the stock market. Page 17. 1 -High record mark for wheat at Chicago. Page 17. French biirk Desalx chartered for wheat Page 10. Portland and Vicinity. , Mayor Lane vetoes ordinance granting dls . charged detectives back pay, with se vere comment on their ability. Page 10. Engineer for Harriman system declares bascule type best to replace Steel bridge. Page IS. Councilman Wills raid results In 35 convic tions in Municipal Court. Page 10. President Josselyn says streetcar company is willing to pay for repairs to Madison bridge If It Is opened. Pae 16. School Board changes names of city hlgU schools. Page 1U. Dr C E Cline stirs up row tn Methodist Ministerial Association meeting and li rebuked. Page 12. Billy Sunday to speak on "Booie" at White Temple tonight. Page 12. Mayor savs tie Is grateful to Councilman Wills for aiding crusade. Page 10. More than million dollars' worth of Tilla mook timber changes hands. Page 12 Charles K. Henry says taxpayers burden has reached limit. Page 13. Imperial Potentate Alderman, of Shrineri here. Page