VOL. xr-IX-XO. WH PORTLAND, OREGON, THURSDAY, FEBRUARY 23. 1900. PKICE TIVE CENTsT
PRIMARY IB SI ?srStpSer flSOUITH HARRIED cSKe COLON ttfflKB Ta0cneon bSc f
TO BE II TANGLE J! ! - 8f ANGRY WOMEN - WITH EMBEZZLING . STEAMER SERVICE
PERJURED EVIDENCE. . OTHER FOOD - .
Rehearing of Coon-Hay
Contest Demanded.
PETITION FOR INTERPRETATION
States No Authority Is Given
for Future Guidance.
INCUMBENT NOT QUESTION
Whether Coon or Hay Is Lieutenant
Governor Does Xot Matter, Says
Petition, hut Status of Mea
sure. Is Main Polnt-
SEATTLE. W ash.. Feb. 24. (Special.)
A petition for a rehearing of the
Coon-Hay contest for the Lieutenant
Governorship was filed in the Supreme
Court at Olympla today by Governor
Coon's attorneys. The petition of course,
does not agree with the findings of the
court, which held for Hay. but makes its
principal argument for a rehearing out
Fide of this. Whether M. E. Hay or C
E. Coon is Lieutenant-Governor, argues
the petition. Is not the primary point
nt issue. The law should be deter
mined, and determined correctly, and
that Is something that the decision of
the Supreme Court on February 6 does
not do.
The opinions rendered by the various
Justices. It Is argued, are hopelessly
at variance, and their nature is such
that no authority is laid down for fu
ture guidance. To quote the language
of the petition.
Opinions Tangle Law.
"While formerly persons reading' the
direct primary act might suppose them
selves able to ascertain its meaning,
these opinions leave the law In such
' shape that no person can now deter
mine It."
Borne of the Judges held that the statute
is cloudy and for that reason they re
fused to find against Governor Hay, as
the penalty for possible violation of the
Hw, the loss of office, would be too
severe.
Tt Is the province and express duty of
the court, argues the petition, to make
clear that which is cloudy; to render
certain that which Is uncertain, and to
attach to the violation of the act the
penalty prescribed by the Legislature. If
all statutes were clear, so that no one
would have any difficulty in ascertaining
their meaning, there would be no neces
sity for courts to interpret them.
Constitutionality rnsettlcd.
The constitutionality of the law, which
was touched upon to any extent but by
one of the Justice, is not settled, the
petition holds, and the principal point
considered by the- court, that of the con
struction of the . statute, was barely re
ferred to in both oral argument and
briefs.
The aeverKy of the penalty, which Is
made a strong point against deciding
against Hay by several of the. Judges,
the petition declares is a question for the
Legislature, and not for the court to con
sider at all. The petition recites that the
intent of the Legislature was to prevent
a rich candidate from gaining a large
advantage over a poor man by subsidiz
ing the press of the state. There is no
difference in principle, it declares, be
tween Governor Hay' action In paying a
few dollars to have his photograph print
ed and the action of a candidate who
should spend a fortune to buy up the en
tire press of the state. The intent of the
law was to place the poor man and the
rich man on an equal footing when run
ning for office.
Say Ignorance Does Xot Excuse.
The pMitlon makes a strong point
against the argument of some of the
Tnw that Governor Hay should not
be deprived of his office because he act
ed in good faith and thought he was
within the law, basing his belief on .n
ex parte decision of the Attorney-General
some months previous.
"We know of no rule." says the peti
tion, "either of law or morals, that will
enable one to see how close ho can come
to a violation of the statute and then
escape if he chance to miscalculate the
matter and expose himself to its penal
ties. We submit that the true rule Is
that ignorance of the law does not cx
tus?.' The petition comments on the opinion of
certain of the Judges who declare the
penalty in the case too severe by saying:
"vt'e have been unable to find any au
thority for the proposition that the sever
ity of the penalty is a bar to the con
struction of the statute."
In conclusion the petition says: "No
rules have been announced by a majority
of this court whereby a candidate may
know what Is permitted and what la for
bidden by this act. We believe that it
would be very unfortunate if candidates
should conclude that the practices in
dulged In by the respondent are legal. We
believe that it would inevitably lead to
the holding of wtate offices chiefly by
those who are willing to buy them."
Mine-Planters Reach Callao.
CALLAO. Feb. It The United States
mine-planters Ringgold and Armistad,
which are proceeding from New Tork to
Sao Francisco, have arrived at Callao.
Kormer Portland Woman Goes to
Tombs, All Concerned Giving
Adverse Testimony.
NEW TORK, Feb. 24. Mrs. Margaret
Teal, formerly of Portland. Or., charged
with attempted subornation of perjury in
the Frank J. Gould dlvorc suit, was com
mitted to the Tombs prison today by
Judge Foster. She has heretofore been
out under J5000 bail.
The witnesses Included Mrs. Julia
Fleming McCabe, who was indicted with
Mrs. Teal and Detective Mousley, Blanche
Hale, a manicurist, who said she was
asked by Mrs. McCabe to sign a false
affidavit in the case, and Mrs. Margaret
Fa Ik, a dressmaker, who testified that she
was approached with a similar proposl-
tion. J
Efforts were made by counsel for the
defendant to show that Mabel McCaus-
land. the complaining witness, while pre
tending friendship for Mrs. Teal, had
tried to entrap her. Miss McCausland
denied such imputation.
Mrs. McCabe, who as Julia Fleming
was indicted along with Mrs. Teal and
Detective Mousley. testified that Mrs.
Teal endeavored to get her. Mabel Mc
Causland, and Mrs. Hale to draw up ana
sign false affidavits to be used against
Mr. Gould.
ST. PAUL, Feb. 24. Mrs. Teal, when
she lived in 9t.. Paul about three years
ago, was Mrs. Toomey, wife of W. J.
Toomey, then private secretary to J. J.
Tim Mr. Toomey obtained a divorce
and then left the employ of Mr. Hill.
Mrs. Toomey later brought a Dreacn ol
promise suit against a prominent St.
Paul physician.
SUFFRAGISTS FIELD DAY
They and Opponents Swarm Capitol
at Albany.
ALBANY, N. T., Feb. 24.-Hosts of suf-'
fragists and anti-suffragists crowded the
great Assembly chamber in the Capitol
today, and for more than four hours their
chosen speakers argued before the mem
bers of the Judiciary committee of the
Senate and the Assembly on a concurrent
resolution, proposing an amendment to
the constitution striking the word "male"
from the suffrage clause.
The suffragists were more outspoken in
their arguments than those opposed to the
ballot for women, but the anU-suffraglsts
argued at length In Bupport of their con
tention that their opposition was due to
"a patriotism that would seek to make
the ballot a high mark of civic worth and
honor."
Senator-elect Ellhu Root, who was one
of the vice-presidents of the state asso
ciation opposed to woman suffrage, stood
for a time listening to the arguments of
the anti-suffragists.
Assemblyman Tooms, who Introduced
the bill, declared that when a man of the
Judicial mind of W. H. Taft had come
out for woman suffrage there ought to be
some argument in favor of reporting the
measure.
"Will the gentleman please say when
Mr. Taft said that?" asked a member of
the opposition, who denied that Mr. Taft
had expressed such views.
IMPRISONED MEN RELEASED
Xlne Taken From Cave-in Alive and
One Body Found.
SEATTLE, Wash., Feb. 24. The nine
men imprisoned in a eewer tunnel cave-In
on the Alaska-Yukon-Paclflc Exposition
grounds from 9:30 o'clock yesterday morn
ing, were liberated at 6:60 this morning,
and the body of one dead man was re
covered. At least one more corpse Is
known to be still buried In the shaft.
Those released are: John D. Harring
ton, miner; Dan Horan, miner; W. Greg
ory, concrete worker; John Mahoney,
concrete worker; Thomas McNamara,
miner; Martin Vissers, concrete worker;
Dan McGlnnte, carpenter; J. Qulllen, con
crete worker.
The dead are: Duncan Robertson, Au
gust Stangel
Missing: F. W. Jones, may be In debris.
The liberated men showed clearly the
great strain to which they had been sub
jected, and as they crawled and were
haif dragged from the shaft, the scene
was dramatic. Tne rescued and reecuers
crowded about each other to grasp hands
while tears coursed down the cheeks of
the men.
REFORM 'STREETCAR HOGS'
Massachusetts Woman Would Teach
Them Modern Ethics1.
CHICAGO, Feb. 24. A course In ethics
for the streetcar "hog" was recommend
ed at the annual meeting of the depart
ment of superintendence of the National
Educational Association by Miss Ella
Lyman Cabot, of the Massachusetts
Board of Education today. The next an
nual meeting of the department will be
held In Indianapolis.
PUSH BARROW ACROSS EAST
John Schumann, Pedestrian, to At
tempt Xovel Feat.
CHICAGO, Feb. 24. John Schumann
arrived in Chiacgo tonight after a re
markable walk from New Tork. He
covered 1200 miles in 31S walking
hours. He left New Tork January 13.
He said that on March 4 he would start
from Chicago to push a wheelbarrow to
New York.
Suffragettes Send Del
egations to Him.
NOT DAUNTED BY ARRESTS
Led by Women High in Aris
tocracy and Politics.
BLUE BLOODED PRISONERS
Series of Delegations March to
Present Demands to Premier and
Others Pledge Life and Lib
erty to Secure Votes.
LONDON. Feb. 24. Every effort of the
suffragettes to force the hand of the gov
ernment becomes more determined, and it
is increasingly difficult to predict how
their demands may be successfully par
ried. The situation has taken on an
embarrassing aspect for the government
owing to the high social position of many
among the 30 or more women arrested
this evening. These include Mrs. Pethlck
Lawrence, Lady Constance Lytton,
daughter of the ex-Viceroy of India; Miss
Stratford Dugdale, daughter of Com
mander Dugdale; Miss Daisy Solomon,
daughter of the ex-Premier of Cape Col
ony, and Mrs. Catherine Elizabeth Cor
bett, an aristocratic supporter of the suf
fragette movement.
Women on Danger Duty.
Both sides were well prepared for to-
Tirhr nttemnt on the part of the suf
fragettes to force themselves on Premier
ksquith, who yesterday had declined rjy
letter to receive a deputation, une women
held "Parliament" at Caxton Hall and a
number of them started on "danger
duty" in a solid phalanx, led by Mrs.
Lawrence.
Tha Tiolice. abandoning former tactics
of barring the approach to the House of
I'ntnmons. adopted the new plan or
breaking up the procession close to Cax
ton Hall. They permitted the sunrragettes
to proceed by couples. . The women were
thus not given much chance to create a
disturbance. The police kept them con
tinnnllv on the move and none were al
lowed to enter Parliament building.
Finally several, including Mrs. Lawrence,
were arrested.
March on Asqulth's Club.
Much excitement ensued and Mrs.
Solomon volunteered to lead a second
delegation to the House. This led to
more exciting street scenes and more
arrests. A third attempt was organ
ized at the hall, but this time the desti
nation of the deputation was Brooke's
Club, where the Premier was dining.
Near St. James' Palace a large body
of police descended upon the proces
sion, which was compelled to break
ranks, and several more arrests were
made. Only two or three of the women
(Concluded on Page 8.)
Abandoned During Storms on Santa
Cruz Island, They Are Her
mits for 2 8 Days.
8AN PEDRO. Cal., Feb. 24. Captain
Swanson, in the launch Leone, arrived
here this morning from Santa Cruz Is
land, where he found four marooned
fishermen who have been living on craw
fish and such other fish as they were
able to catch tor nearly five weeks.
. The men, Charles Erlckson, Jack And
erson, French Joe and Russian Pete,
crawfishers, state they were fishing for
Chocise Vasquez off Santa Barbara, but
had been abandoned because of rough
weather. When their stock of provisions
gave out, they were forced to subsist on
crawfish, with no bread, coffee or fresh
meat, for 2S days.
They suffered from cold and general
discomfort during the storm period which
lasted from the middle of January until
they were taken on board the Leone on
Monday night.
HOMES FOR CONSUMPTIVES
Mrs. Vanderbilt Donates $1,000,000
for Model Tenements.
NEW TORK, Feb. 24. It was an
nounced today that Mrs. William K.
Vanderbilt, Sr., has given more than
$1,000,000 for the erection of four modern
tenements for persons suffering with tu
berculosis. The buildings' are to be op
erated in connection with Dr. Henry L.
Bivley's Tuberculosis Clinic of the Pres
byterian. Hospital. A moderate rental
will be .charged.
The buildings will be erected on a large
tract close to the East River, and each
will contain about 375 apartments, of
from two to five rooms and bath. -
FIVE DAYS FOR 72 MILES
Colorado Railroads Eeopened After
Heavy Snow Blockade.
PUEBLO, Colo., Feb. 24. After being
blockaded by heavy snows for two weeks,
Marshall Pass was opened for traffic
today. Denver & Rio Grande train No.
36 arrived here after making the 72 miles
from Gunnison in five days. Another
train arrived today, having traveled 13
miles in 13 hours. Trainmen eay the snow
is from five to 20 feet deep.
Friday General Manager Rldgeway
walked two miles on snowehoes to take
provisions to passengers who were almost
without food.
PHYSICAN SUES EX-QUEEN
Hawaii's Former Ruler Asked for
$11,600 by Dr. English.
WASHINGTON, Feb. 24. Ex-Queen LI1
luokalani. of Hawaii, who was Mrs. Lydia
Dominiz, was sued today in the District
Supreme Court by Dr. Charles H- English
to recover $11,600 alleged to be due for
breach of contraot in the payment of a
medical bill. The plaintiff declares he
accompanied the ex-queen to Hawaii as
private physician under contract to re
ceive J300 a month, his expenses and a
bonus, and that the defendant broke the
contract.
AM I SUPPOSED TO KISS ALL THE KINGS I MEET?"
Reflections Cast Upon
Cooper's Honor. -
SURPRISE IN CARMACK CASE
State Declares Defendant Is
Defaulter of $100,000.
LAWYERS FIGHT EVIDENCE
Prosecution Forces Admission From
Defense That Editorials Were
Xot Cause of Late Sen
ator's Jlurder.
NASHVILLE, Tenn., Feb. 24. The
state sprang a sensation In the Carmack
murder trial, shortly after Colonel Dun
can B. Cooper had finished his testimony
of the killing of Senator Carmack, by
asking him if he had not confessed Judg
ment In 18S3 to appropriating to his own
use 3351 when he was Master of Chancery
of Maury County. Before the defendant
could answer, his attorneys made ob
jection . to the introduction of such re
mote testimony; whereupon the state re
plied that it proposed to show Cooper
had embezzled over $100,000; and that his
much vaunted honor had not been at all
affected by these charges. For two hours
the attorneys argued with the Judge over
the admission of this evidence, and the
court eventually decided that the matter
could be brought in. '
When court opened today the same
morbid crowd was on hand to hear the
testimony. General Washington, for the
state, took up his cross-examination
where he left oft yesterday at the ad
journment, and had Colonel Cooper tell
of his meeting with Senator Carmack on
the day of Jie shooting. He said that
as they approached the place of meeting
his son and Sharpe were In front of him
as they walked along.
"Robin turned and urged me to hurry.
I told him to wait a minute. He and
Sharpe stopped and I caught up. Then
he grabbed me and said: "Let's hurry,
papa." The nervous grasp of his arm
aroused my suspicion, and Intuitively I
turned and saw Senator Carmack. In
stantly I decided to go over and have
a plain talk with Carmack, to see if
this affair which was worrying my
friends, my children and myself, could
not be stopped.
Did Xot Expect Meeting.
"When you started out, did you pro
pose to meet him?"
"No, sir. The impulse came over me at
once when I saw him to go over and
talk to him."
"Now, tell what happened."
"Well, I saw Senator Carmack coming
up. First I thought I would wait for
him. . Then 1 thought that might carry
some significance, so I walked toward
him. I caw him speak to Mrs. Eastman.
(Concluded on Page 5.)
Senate Favors Him, Taft His Friend,
but House May Kill Bill An
other Possible Job.
OREGONIAN NEWS BUREAU, Wash
ington, Feb. 24. It is reported in Sen
atorial circles today that If Congress
passes the pending bill creating an ad
dition Judge in Oregon, Senator Fulton
will be given that appointment. Many
influential Senators who admire Ful
ton are concerned over the adverse at
titude of the House Judiciary commit
tee, which threatens to kill the Oregon
amendment to the Washington bill, and
in the next few days considerable
pressure will be brought to bear to
Induce the House to accept the Senate
amendment.
If the 'amendment is -accepted, in
view of Fulton's close relations with
President Taft, there is no doubt he
can have the Judgeship if he will ac
cept It.
If the Judgeship bill fails, but the
Senate passes the bill authorizing the
appointment of two additional Inter
state Commerce Commissioners, it is
Indicated that Fulton can have one of
these positions, the other to go to Rep
resentative Hepburn.
The House committee would not re
port a separate bill giving Oregon a
second Judge or an additional Judicial
district, contending that there is not
sufficient business In Oregon to Justify
it. Fulton has been in conference to
day with Representatives Ellis and
Hawley, and it has been agreed to use
every expedience to induce the House
to accept the Fulton amendment. The
Washington delegation Is willing to
support the Fulton amendment if it
would not kill their own. Judge, but
they do not want the amendment to de
feat the Washington measure.
FIND HUGE FOSSIL PEARL
Geologist Xear Goldfleld Digs Fp
Prehistoric Oysters.
t
RENO, Nev., Feb. 24. The following
story comes from Goldfleld:
A discovery, which, for Its unique char
acter has seldom been equalled In this
state, has just been disclosed through tho
presence in Goldfleld of Dr. Samuel E.
Green, a geologist and mineral expert, of
England. Dr. Green, who Is mineralogist
for several of the biggest concerns In the
East, was exploring the formation of the
Indian Springs oil fields when he en
countered a highly fossilized strata which
contained fossils of prehistoric animals
and reptiles. He broke open a number of
ancient oyster Bhells and in one of them
discovered a perfect pearl, pure white
and weighing nearly 150 karats. Dr.
Green has refused a sum for the pearl
which would buy a hundred "water Jew
els" of ordinary size.
PRIEST'S WIFE VANISHES
Ogden Girl Says She Married
Through Fear.
DENVER. Feb. 24. Mrs. Susan Moran
Ryan, the Ogden girl whose marriage to
Father James Ambrose Ryan, a Catholic
priest, was discovered two days ago, left
Denver tonight with her husband for the
West.
At the time of the discovery of the
marriage Mrs. Ryan claimed that she had
been forced into the ceremony through
fear, and announced her intention of pro
curing a divorce at once. '
Father Ryan has been successfully se
creted since the discovery of tho mar
riage, although sought by the police at
the instigation ' of Father O'Ryan of St.
Leo's Church, who wanted an examina
tion made as to Ryan's sanity.
CHANGE CUBAN MINISTER
Quesada Said to Be Booked for Eu
ropean Post.
WASHINGTON, Feb. 25. Don Gonzalo
de Quesada, Cuban Minister to the Unit
ed States, left "Washington late last night
for Havana, for a conference with Presi
dent Gomez of Cuba, it is reported. It is
believed there that Mr. Quesada will be
transferred to a European post, probably
Madrid. It is said that he will be suc
ceeded here by Carlos Garcia Velez, a
son. of General Calixto Garcia, one of
the Cuban revolutionary Generals and an
ex-Minlster to Mexico.
BALDWIN SUFFERS RELAPSE
California Turfman Reported to Be
Sinking Very Rapidly.
LOS ANGELES, Feb. 24. The condition
of E. J. ("Lucky") Baldwin tonight is
said to be very serious, following a re
lapse today. Dr. Trueweather and mem
bers of Mr. Baldwin's family are with
him. All communication with the Santa
Anita ranch house, where he Is, has been
cut off, and it is Impossible to get definite
Information as to his condition.
TRAIN FALLS ' OVER CLIFF
Disaster In Ecuador Kills 25 and
Injures 40 Persons.
GUAYAQUIL, Ecuador, Feb. 24 A
passenger train on the main line, bound
north, was today thrown over a cliff
100 feet high at a point near Rio Bamba
and crashed to the bottorn of the ravine.
Twenty-five persons were killed and 40
Injured,
Bill Before Congress
for Ten Ships.
PLAN THROUGH ROUTE EAST
Line to Operate With Govern
ment Atlantic' Vessels.
GOOD PROFIT IS CERTAIN
Congressman McLachan Plans Serv
ice From Panama to Puget Sound
' Ports, Calling at Portland
and Southern Cities.
WASHINGTON. Feb. Zi. Congressman
McLachan, of California, introduced a
bill in the House today providing for a
line of Gevernment steamships on the
Pacific between Panama and Puget
Sound, with ports of call at Portland, San
Francisco and Los Angeles. The line is
designed to operate in conjunction with
the Government line on the Atlantic be
tween New York and the isthmus, and
with the Government-owned trans-Isthmian
Railroad.
The bill provides:
"That the Panama Railway Company
be and is hereby directed to establish and
operate a line of steamers for the trans
portation of passengers and freight along
the Pacific Coast of the United States in
connection with the line of steamers
along the Atlantic Coast and the Panama
Railroad, now operated by said com
pany, and to make regular calls at all
the principal Faciiic Coast ports of the
United States, including Seattle, Tacoimi.
San Francisco, San Pedro and San Diego,
from and to the western terminus ol
said railroad.
"That the said railroad company be and
It is hereby directed to charter, purchase
or cause to be constructed, ten steamers
suitable for the purpose of said line, with
a capacity of at least SiiOO tons, and an
actual speed of at least 1J knots.
' "That" tho sum of $10,o00,un, or so much
thereof as may be necessary, and the
same Is hereby authorized to be expended
out of the Treasury of the United Status
for the purpose .of this act.
"That the sum so expended, or so much
thereof as possible be returned to the
Treasury of the United States from the
net earnings of the said Panama Railroad
Company." '
Mr. MuLachlan said that his bill
w ould make the Panama Railroad Com
pany maintain a regular service be-,
tween Puget Sound and Panama every
five days, which would supply the
eastbound passengers and freight for
its Atlantic steamers.
"It will carry thousands ot tons of
commissaries and building material
produced on the Pacific Coast," said
Mr. MuLachlan, "direct to Panama to
( Concluded on rase ,Y )
INDEX OF TODAY'S NEWS
Weather.
YEPTF.RDA Y'S Maximum
47. degrees: minimum.
temperature,
42 0.
TODAY'S occasional rain; westerly winds.
Foreign.
British suffragettes attempt to Interview
Asoulth ami :W leaders are arrested, in
cluding leaders In society. Page 1.
National.
Bill Introduced in Confess to establish
Government steamer line aions 1'acitic.
Coast to Panama, rage 1.
Senate Committee report concerning llonse-
velt lor allowing steel merger hinges
on two men. Pase -.
House cuts out all increases of salaries
voted by Senate, l'ase a
Fulton pioposed tor new Federal Judgcsnlp
in Oregon. Page 1.
Senate may cut forest appropriation
through combination made by Jleyburn.
PaBS -' Politics.
MacVeRgh practically chosen for Secretary
of Treasury. Page 3.
Institute ot Kngineers criticises lock canal
plan. Page -.
Nevada lower House passes anti-gambling
bill. 1'aiio 5.
Domestic.
Castaway fishermen live
fish. rate 1.
:S days on craw-
Prosecution alleges Colonel
Cooper's honor
not too sensitive for
embezzlement.
Paso 1-
Two jurors knocked out of box In Calhoun
trial. Pago 5.
Mrs. Ben Teal sent to jail to await trial
for suborning perjury. P;ige 1.
Dry Farming Congress elects Governor
"Norris President and voles to meet at
Hillings. I'ajie 3.
Sports.
Ban Johnson said to he coming to Portland
to treat with Fielder Jones. Page 12.
Pacific Coast teams prepare to warm up
for baseball season. Page
rucltic, Northwest.
Coon-Hay contest ueopened by petition.
Pago 1.
Washington legislature passe Columbia
River tishery bills. Page 7.
Great Northern shields Judge Gordon.
Page t).
State Equalization Board apportions state
taxes. Pate 7.
W. S. Dunlway, State Printer, approves
printing bill passed, rage 7.
C. X. JlcArihur appointed private secretary
to' Governor Benson. Page o.
Peacock murder trial begins at CathlameL
Page B.
Portland and Vlrinltv.
Henry E. Butler, despondent, takes his
life In' lonely spot. Page 11.
Foes In council block submission of pro
posed charter at special election. Page
10.
F E. Beach elected president nt Board of
Trade at annual meeting. rage 11.
Astoria & Columbia River road to spend
large sum on betterments. Page in.
Justice of Peace Fred Olson threatened with
recall by lawyer sentenced lor contempt.
Pace U.
Federal Grand Jury returns many true
bills. Page 10.
Attempt made to enjoin county from pay
ing Judge Gatens' salary. Paga 1ft