' Jtuwitif j pttt; VOL. XLIX.-XO. 15,041. , PORTLAND, OREGON, THURSDAY, FEBRUARY 11, 1009. PRICE FIVE CESTS. TEN RULES MADE TIE VOTE FINISHES II SOUGHT FOR BY TYRANT WIFE STATE-BUILT LINE SEA-LEVEL CANAL ANTI-JAP BILLS AFTER 2 6 YEARS' OBEDIENCE, A3IBCXiAXCE AWAITS BOAT IX REPLY TO CALIi. PORTLAND WOMAX RETURNING HOME IX TRIUMPH. HER HCSBAXD REVOLTS. i iiin-r nni ii nr- -ri-i u nr rpp'ni ic tp unTr ric ni rn i unvts mi i v k n ij i i niii iiiii rimu'im i i " . . . i a r r m m r l a n w a wi w- r-a n - m m mm KMHBt ura iitiuitHBiantii r a 7n tti.ui bt a . i -i m m n n iiiimi MfllL UL !L UI1L muiiL UUUUL Merchants Ask Relief From Harriman. COTTON GIVES INSIDE HISTORY Savs Oreoon Trunk Blocks Road Up Deschutes. . ATTEMPT TO BUY FUTILE Desplt of O. R. & Counsel, Chamber of Commerce Will Send Lobby to Salem for the Desired Measure. Opposition from other railroads that has retarded th construction of the Harri man line Into Central Oregon was dis closed at the special meeting of the Chamber of Commerce yesterday after noon when sharp criticism of the Harri man interests was made for delay in railroad construction In this state. Stung to th point of defending the Harriman system's operations here, W. W. Cotton, general counsel for the Harriman lines in the Northwest, explained that delay in building the line up the Deschutes River has been forced upon them by others. Th Oregon TTunk Line has surveys identical with a portion of the Deschutes Railroad, the Harriman project into Cen tral Oregon. These facts, however, did not appease the wrath of the members of the organ ization, and a resolution was unanl mously adopted calling for state support for railroad construction. A strong com mttte was named to go to Salem and work for the passage of the bill now be fore the Legislature that will give the state or districts of the state power to construct railroads. ' Two Offers to Sell Out. Interesting Jnsido railroad history was shown at yesterday's meeting, and it de veloped that the Oregon Trunk Line, in corporated by W. F. Nelson, of Seattle, had made two distinct efforts to sell out to the Harriman people once for JS2.000, and later, when half of the property had been i acquired by Porter Bros., for J310.000. The ! Harriman lines nibbled and paid over J1T.O0O, but the Oregon Trunk Line did rot deliver the property and the sum was re turned. ' , Mr, Cotton revealed railroad history ; that has up to this time been hidden in , the archives -of the two companies. Litigation between the two warring railroads has been In progress for months and briefs and processes have been filed by each side to the con troversy. A representative of the legal department of the Harriman lines has been in 'Washington during the past week trying- to get action on the maps of the Deschutes Railroad, the O. It. & N. branch, but without success. Special Meeting Is Held. Yesterday's session of the Chamber of Commerce was a special one. called at the request of the transportation committee, and was well attended. Its object was set forth as being to devise ways and means to promote railroad building in this state. The meeting was held In the rooms of the organiza tion In the Chamber of Commerce build ing at 3:30 yesterday afternoon. William MacMaster, president of the Chamber of Commerce, presided at yes terday's meeting. "Our purpose in coming together today is to consider the ways and means of furthering rail road construction in this state," said Mr. MacMaster. "A bill has been in troduced in the Legislature that will give the state power to proceed with the construction of railroads. The up state members of the Legislature are in favor of it, but the Multnomah dele gation is against it. The transporta tion committee of the chamber wants an expression from the business inter ests and the members of this organ!-, zatlon- on this measure." Wood Criticises Harriman. C. E. S. "Wood was called upon by President MacMaster to speak on the subject. "I cannot claim any original ity in this matter, although I have been urging it." said Mr. Wood. "What par ticularly aroused me was a recent meet ing at Vale, where a delegation from Idaho pledged the Legislature of that state to take any action that Oregon might along this line. "We who have seen both Eastern Ore gon and Eastern Washington, alike sagebrush deserts, can appreciate the need for some action. Eastern Wash ington is now settled, with its thriving cities, while Eastern Oregon, which is a better country for wheat and sugar beets. Is still unsettled and is largely lacant lands. While I have freely crit icised the policy of the Union Paciflc, I have never flung stones at Harriman. I do not believe he is doing his duty by Eastern Oregon. The policy of the rail road is not my conception of the moral duty of those who are allowed to build railroads. To take millions earned in one territory to head oft! other rail roads that would build here is. In my opinion, not doing the right thing. "I believe Eastern Oregon needs a railroad more than the Puget Bound ter ritory needs a parallel line to the North ern Pacific ' from Portland and tunnels at Tacoma and terminals there and at (Concluded on Page ll. Answers Divorce STilt by Citing Mar ital Oppression Cnder Which He Groaned. ST. LOUIS,- Mo., Feb. 10. (Special.) Sadly lacking in appreciation of the Im port of those words, "love and obey,' Is Charles B. Menaugh's characterization of his wife, who 26 years ago framed an Ironclad set of 10 rules and forced obe dience through the years of their marital existence. The meek and lowly Charles at last has spurred his courage to open revolt He submitted a cross-bill in an swer to his wife's suit for divorce filed several days ago. She charges desertion. "Can you blame me?" he replies, and appends these to his allegation: Bang a gong as signal for him to re tire. Locked the house at 7 P. M. If he wasn't In he slept in the wood shed. Forced to take off his shoes at the door. Made him pay $10 a week board and the grocer's bill. Made him carry water from cistern and wash his own clothes. Gave her pet 'poodle Gary a bath twice a week. Denied him a plunge except on Sunday, Forced him to eat with a fork, when he was taught to use a knife. Wouldn't let him eat at table with un washed hands. Barred use of tobacco because it dark ened lace curtains. Forced him to walk ahead of her on the street and sit in front streetcar seat to prevent his looking at other women. WAS NOT BECKERT'S BODY 3fan Cremated at Chilean Capital Gets Minister in Trouble. SANTIAGO, Chile, Feb. 10. Baron von Bodman, German minister, today made the official declaration to the Chilean gov ernment that the body found in the ruins of the office of the German legation, de stroyed by fire last Friday, was not that of Chancellor Becker. This gives the affair a very serious, though not ex pected, turn. A sen-ant employed by the legation has been missing since the fire, and it is now believed it was he who was killed. A report has reached here that Beckert was captured at Chilian, the capltol of the province of Nuble. The Identifica tion of the man arrested t Chilian has not been established. Public opinion lias been aroused by a speech which the German minister made at the funeral, in which he declared that he believed Beckert had been assassl nated. EMPLOYERS UNMAKE MEN Eliot Condemns Methods as Xot En couraging; Loyally. CHICAGO, Feb. 10. Employers are largely responsible for the making or un making of people to whom they pay sal aries, according to Charles W. Eliot, re tiring president of Harvard University, who spoke before the Religious Educa tion Association tonight Among the ob stacles named by Dr. Eliot to the wel fare of the wage-earner were: Insistence on exercising the power of instant dismissal; neglect to provide in ducement for a workman to create a per manent home for himself, or. what is worse, actually encouraging nomadic habits in an employe; neglect to reward loyalty in an employe by a systematic rising scale; limiting freedom to rise or deliberately to keeping every employe at work on the same Job as long as pos sible. ORDERED TO WED INDIAN Bigamist's Sentence Has Unusual Condition Added by Court. HELENA, Mont., Feb. 10. Thomas Hamby. a former South Carollnan, con victed in the Federal Court here today on a bigamy charge, was not only fined f 100 and sent to jail for six months, but also sentenced to marry an Indian woman. . Hamby's first wife, learning of his marriage to pretty Mary La brecht, a Blackfoot maiden, secured his indictment and a legal separation for herself. Because of the first marriage the second was declared void. Judge Hunt not only ordered the prisoner to be married, but Instructed the Marshal to see that the order was carried out immediately, and a Justice of the Peace reunited the' couple. Hamby made no protest. TORNADO CAUSES DEATH Tears Path Through Pennsylvania and Unroofs Several Buildings. PHILADELPHIA. Feb. 10. A ten minute wind storm of almost tornado pro portions struck the upper part of Del aware and Southeastern Pennsylvania this afternoon, causing the death of one man and a child and doing much damage in the narrow path it Viade through the two states. In Philadelphia the roof of Blockley Baptist church was blown oft and one of the heavy timbers struck Robert G. Welghtman. who was so badly injured that he died. The storm did considerable damage In this city, blowing roofs oft a dozen houses. An unidentified girl, about 11 years old, was rolled into a culvert In West Phila delphia and drowned. Taft's Engineers Say Cost Tremendous. MUCH TIME WOULD BE LOST. Expenditure of Money Would Stagger. Humanity. NEW MACHINERY NEEDED Result of Examination 13 Practical Condemnation of Sealevel Ca nal as Involving Cost Be yond Computation. ON BOARD THE UNITED STATES CRUISER MONTANA at sea making passage from Colon to New Orleans, via New Tork, Feb. 10. (Special.) in line ahead, 800 yards distant, steams the armored cruiser North Carolina, bearing President-elect Taft and his party. The party has spent 11 days upon the Isth mus, and during that time made an ex tensive inspection of the canal. The work so far has been done with a lock type of canal in view. The na ture of it has been such that the plans could -not hereafter be altered to fit a sea-level type without extraordinary loss of time and money because of the change. The present stage once passed, the cost of any future alterations would Involve tremendous expense, so It was now or never that a decision must be made. If the sea-level type, then the work on the much-discussed Gatun dam must be discontinued and new machinery in large quantities must be secured In order to make excavations through the 22 addi tional miles, which the water shed by the Gatun dam would have flooded to a depth which would permit vessels to nav igate the canal for this distance. Plans for placing machinery In order to permit a deeper excavation to the rockbound ridges of the Cordilleras must have been drawn and some practical way of con trolling the sudden floods of the Cha- gres devised. The opponents of the Eea-level type maintain that all these things might be possible, yet ,the cost would bo so. tre mendous as to stagger humanity. WILL FEAST A LA CREOLE Xew Orleans to Feed Taft With Mas terpieces of Cookery. NEW ORLEANS, La.. Fob. 10. While a heavy storm is blowing from the north and tearing up the street decorations, the city is preparing to feast President-elect Taft In a style which only the Creole cooks of Louisiana know, and every town along the route from this city to Cin cinnati is sending a request that Mr. Taft stop to make a speech and be given a welcome. - The great event of the reception at New Orleans will be the banquet on Frl- (Concluded on Pa-ffe 4.) NOW, THEN, Seattle Man, Despondent at Sea, Shoots Self, and Boat Operator 6ummons Physician. BAN FRANCISCO, Feb. 10. A wire less message from the steamer Queen probably saved the life of Herman Eg gert, of Seattle, who attempted suicide by shooting himself aboard the vessel this morning before the Golden -Gate was reached. The Russian Hill wireless sta tion was notified immediately, and when the steamer reached the Broadway dock an ambulance was in waiting to convey the wounded man to a hospital. It Is wsmftm 'X- t bulb. W. N. GHtcns, Governor Chamber lain's Secretary, Who Is Slated for Appointment to Circuit BencU in Multnumnh County. predicted by the attending physician that he will recover. - Eggert was accompanied on the Queen by his father. Domestic difficulties had rendered him despondent. This morn ing his reason seemed to leave him, and, crying out that he was pursued by In dians, he placed a revolver to his head and fired a bullet, which passed through his temple and came out of the' right eye, destroying its sight. DOWN WITH EXECUTIONERS Double Guillotining Causes French Workmen to Shout. . ALBI, France, Feb. 10. A double exe cution was carried out publicly In Albl today. .An Immense crowd was present. There was considerable opposition to the execution and during the night a crowd of workmen, who paraded through fhe streets, sang revolutionary songs and cried, "Down with the executioners!" SUNDAY BASEBALL 0. K. Indiana Senate Passes Bill Making It Legal to Play Game. INDIANAPOLIS, Feb. 10. The Senate today, by a vote of -5 to IS. adopted the majority report recommending the pass age of the Brolley bill permitting Sunday baseball. The bill had already passed th3 House. - .' . " - " ' N ... I V " ' - " . "J I .Si WE'LL JUST HAVE TO SEE ABOUT THIS Separate School Plan Killed in House. BIG BATTLE AT SACRAMENTO Sudden Move by Transue Se cures Majority. JOHNSON STANDS BY GUNS Gillctt Rejoices Over Decision, as It Robs Japan of Excuse for Turn ing Loose Flood of Coo lies to America. SACRAMENTO, Cal., Feb. 10. Tlelding to the pressure brought to bear by Pres ident Roosevelt and Governor Gillett, the California Assembly retired from its previous position on the antl -Japanese bills today by reconsidering the former fvote on the segregation of Japanese stu dents in the public schools and Anally re jecting the measure by a vote of 41 to 37. An effort by the supporters of the bill to reconsider further was lost by a tie vote and the Assembly is now clear of any anti-Japanese measure objected to by the National Administration. Defeated by Tie Vote. The fight for the suppression of the bill was won uiter many hours of heated debate on the floor. The struggle started at 10:30 o'clock In the morning, on the presentation of a resolution by Assembly man J. P. Transue, of Los Angeles, set ting forth that, while the Assembly be lieved it had the right to enact anti- Japanese laws, and while it believed the Johnson school segregation bill was con stitutional and . did not violate any of Japan's treaty rights. It was the sense of the body that its recent vote, pass ing the school bill, should bo reconsidered and the measure withdrawn because of the request made by President Roosevelt. The debate lasted until 4 o'clock In the afternoon, when Grove L. Johnson's mo tion to reconsider further was defeated on a tie vote, 38 to 33. 1 Little Chance in Senate. . The school bill Is still to be considered in . the Senate, having been presented there by Senator A. Camlnetti, but there is little chance tr.at the measure will be approved there. 'I am much pleasid with the action of the Assembly," said the Governor. "The East has been deeply concerned in the measures pending here and I feared that. If he anti-Japanese legislation were pressed at this time, it would have a disastrous effect." The anti-Japanese forces In the As sembly were led by Johnson, author of the segregation bill on which the fight hinged, while the opposition was directed by Transue and Richard A. Melrose. Transue's resolution opened the debate and the fight was really made on this measure, the reconsideration motion, not (Concluded on Fag-e 5.) After Two Years' Pursuit She Has Him Arrested, but Is Recon ciled in Court. CLEVELAND, O., Feb. 10. (Special.) Mrs. Delia Allen, who gives her ad dress as 613 Clay street, Portland, Or., today finally succeeded in corrallng Robert Allen, the recreant husband she says she has been chasing the breadth of this continent for the past two years. She tracked Allen down at Elyria, a small town near here, and had Chief of Police Whitney arrest him. This af ternoon, in the midst of Allen's trial before Squire William Brown in Cleve land, Mrs. Allen suddenly threw her arms around Allen's neck and pro claimed the prosecution, so far as she was concerned, ended. "We're reconciled; we're going back to Portland," she announced, while Al len red-facedly smiled acquiescence. Squire Brown refused to dismiss the case, but finally did consent to post pone It a week, expressing a willing ness to wink at the couple's going back to Portland. . Allen, according to the story his wife told the Cleveland authorities, eloped from Portland with another woman In March, 1907. He was an Iron-roller and his wife ran a boarding-house at the Clay-street address. She sold out and In a week was hot in pursuit. She traced the couple first to Kansas City, she says, then to Chicago, then to Oska loosa, la., and then clear across to New Haven, Conn. She arrived in New Haven several days late. Allen had al ready left. For want of funds she temporarily discontinued the chase there and took employment as a domestic. During the last few months she made several wild goose chases to different towns after him, but she did not succeed in getting a definite line on his whereabouts until last week when she learned he was in Elyria. She went there post haste and located him In a boarding-house. The police did the rest. STUDENTS SLUR PRINCIPAL Grilled as Czar of High School in Posters at Stockton. STOCKTON, Cal., Feb. 10. (Special.) The citizens of Stockton were greatly surprised this morning on passing through the streets to find the fences billboards and walls plastered with a large poster grilling Principal E. B. Wooten, of the High School. It was an Imitation of a theatrical poster, and, In stead of using his correct name as the star of the show, he was billed as "Hank W. Booten," starring In "The Czar of the High School" In a three weeks' engage ment. . For some weeks there has been friction over the suspension of two students for playing football when they were not up to the standard In their class work. Their friends took up the fight and several days since a bomb, or something that was sup posed to be a bomb, intended for "The Czar of the High School," was found In the basement. Since then there has been a lot of talk and accusations. An effort was made today to find out who put out the posters, but it has been impossible to get any clew to the work, so cleverly were they distributed. The Board of Education will probe the affair and dismissals are expected. JUSTICE E. E. SELPH DEAD Wcll-Known Xatlve of Oregon Tasses Away in California. LOS ANGELES, Cal., Feb. 10. (Spe cial.) Justice Edgar E. Selph died sud denly at his home, No". 1205 East Twenty fourth street, yesterday afternoon. His health, bad begun to decline several months ago, but his ceath was unex pected, his ailment being Brlglit's dis ease. Justice Selph was born 48 years ago last December, in Salem. Or., and re mained In that state until he graduated from McMinnville College. He served as Instructor at that college for Ave years and then began the study of law under W. D. Fenton, now attorney for the Southern Pacific Railway. He was ad mitted to the bar in Oregon In April, 1S90. Ho came to Southern California In 1S9S. He was well known in lodge circles, being a Shrlner, member of the Knights Templar, Knights of Pythias, Woodmen of the World, Fraternal Broth erhood and the Order of Eastern Star. Justice Selph leaves a widow and two sons. Bwald and Kaymona. lis latlu-r William Selph, and his sister, Mrs. Adah Morrison, are also living and reside in Southern Oregon. POLICE RAID UNION HALL Capture Eight Painters in Quiet Game of Poker. Eight members of the Painters' Union were arrested by the police last night In a gambling raid. made on the Building Trades Council Hall. 162 Second street. A quantity of poker chips and cards were taken as evidence. The men admitted that they had been playing poker. They gave the names of H. Paulson. J. H. Emerson, J. D. Smith, Charles McQee, F. W.- Stohr, O. E. Nordstrom, C. Comodore and J. Thompson. After some delay they managed to secure their release on bail. There had been a meeting of the ,union at the hall last night and the men ar rested had gathered about a table In a friendly game when they were surprised by the sudden and unexpected entrance of the police. The raiding party con sisted of Detective Sergeant Kay and Pa trolmen Burstow, Owens and Thatcher. Bill Passes Each House and Will Be Signed. GATENS TO GET APPOINTMENT Judge McGinn Voices Strong Protest Against Haste. START INITIATIVE PETITIONS Says Ho ITaa Nothing Against Ga tens, but Declares Jio Emergency Exists and Considers People Should Have Voice in Matter. STATE CAPITOL, galem. Feb. 10. (Special.) The Multnomah County bill in creasing tlio number of Circuit Judges from four to five has passed both Houses and will go to the Governor tomorrow. It will be signed by the Governor, and Im mediately the Governor will appoint his private secretary, W. N. Gatens. to fill the new judgeship. The bill was passed with this understanding, it having been announced from the Governor's offloe sev eral days ago that if the bill should pass, this appointment would be made. Gatens will hold office until the next general election, In November, 1910. when his successor will be elected. The bill creating the new judgeship wns passed by the Senate this afternoon with out a dissenting vote. Addresses were made by Senators Coffey, Albee, Selling and Nottingham, showing that the work of the court in Multnomah County Is con gested, and each of these Senators de clared that an emergency existed Justify ing flie addition of the emergency clause to the bill. M'GIXX WILL MAKE FIGHT Proposes Law to Prevent Emergency Clause on Such Bills. "So they have finally log-rolled this bill through, have they?" said Judge McGinn last night at the Portland Ho tel. "Well, I promised the Bar Associ ation of Portland, and I now promise the taxpayers and people of Oregon, that I will at once have initiative peti tions circulated for signatures, so that the people of Oregon can pass Judg ment on this new Judgeship at the next election, and they can then say whether or not an additional Judge is wanted in Multnomah County, and whether they will permit legislation in future to append the emergency clause to such measures as this. "I want to have it fixed for all time by a vote on this measure, so that the Legislature will never add such a He to (Concluded on Pag 4.) INDEX OF TODAY'S NEWS The Weather. YESTERDAY'S Maximum temperature, 4T.1 deprees: minimum, TODAY'S Probably fair, westerly winds. Legislatures. Bill for another Multnomah County Circuit JudKe. passes ootii nouses uiiuer r-inor-cency Clause." Page 1. Bill amending primary election law passes House, rase o. Houho Instructs committee to make provi sion for all tnreo normal Bcnooih. msi . Threfl "more" salary bills pass over veto. Pace t. Rumor Washington would require hondlngr of JnpanoNfi visitors to lair to return i quieted. Pace 7. Indian legislator at Olvmpla defends orien tal labor. pu'o I'Oreljrn. Riots in Mexico due to landlord oppression. Page 2. Nut tonal. L,egal obstacle In Knox's entering Tan "amm;t may be removed oy special iw. Semite committee proposes to make Evans Vle-Admiral niul reorganize Navy De partment. Page U- California House finally rejects Jap school bill, rage l. Engineers say cont of changing canal to sea. level Btutenaou9. ras j.. Hawb-y detects landgrab scheme in Yaqulna wagon road bill. Page 2. Domestic. "WMrelops telegraph thwarts TT.-ould-be sui cide. Page 1. Vessel wrecked on Atlantic Coast and crew rescued with great bravery. Page 5. Bell s-orns unwritten law as excuse for killing Dury. Page 2. Mrs. Letup produces evidence of 'husband' s dissolute life. Tage 6. Cincinnati nifn testify against Harriman merger. Page 3. Transrontlnental roads refuse to annul in crease of ra'tes. Page 3. Old master's painting of Madonna found In rubbish in California, page . Blurring placards about high school princi pal posted at Stockton by students. Pago 1. Portland and Vicinity. T. B. Wilcox may acquire Olds, 'Wortman & King annex. Page t Chamber of Commerce will ask for state aid in building railroad to Central Ore gon. Page 1 Centenary of Lincoln's birth will be gen erally observed in Portland. Pago 1 1. Many teachers take examinations for state and county certificates. Page 12. Council of Jewish "Women holds annual open meeting. Page 9. F. V. Holman dissents from majority re port of charter revision commission. Page 10. Mayor Lane charges that stock of Port land Railway. Light & Power Company is watered. Page 10. Council asks Wills for report on gambling conditions In North End. Pa.ce 10. Water Board raises salaries of all clerks, engineers and firemen in that depart ment. Page 10- Tralns to run to Spokane over North Bank road by middle of March.- Page 16. Mazamas decide to climb Mount Baker next Summer. Page 9. D. A. Shlndler must product property on old debt or go to Jail. Page 10. Sheriff Stevens captures third suspect in O. R. & N. tralnrobbery. Page 4.