VOL. XLIX NO. 15,O.T7. PORTLAND, OREGON, TUESDAY, 3IARCII 2, 190). I'lUCIWIVE CENTS. SENATE PLAGES YOUNG ON SHELF WOMAN IS RESCUED BY HUMAN LADDER PIT WILD WRIGHT HAS CLOSE CALL IN AIR-CAR LUCKY BALDWIN -LOSES LUST RAGE PORPHYRY GOD IS 3000 YEARS OLD WITNESS S0LD1N FACE OF BREAK NOTED LAXDMAKKS AT REXO ARE BVRXED. Kl'DDEU ST HIKES GHOr, MA PROOF FOUND THAT EGYPTIANS SETTLED MEXICO. CHINE IS DISABLED. WHEAT CARMACKTRAGEDY HeedsFuIton'sRequest; Deaf to Bournes NO TIME TO ACT THIS SESSION Bourne Tries to Get Even by Striking at Fulton. OPPOSES HIS JUDGESHIP Protests to Taft Against Fulton's Appointment, bat Senate lead ers Rally to Fulton, While Bourne Has One Backer. OREGONIAN NEWS BUREAU, Wash ington, Mar. 1. It Is apparent from the action of the Senate in executive ses sion today that John C. Young cannot be confirmed as postmaster of Portland before the expiration of Congress on Thursday, when his nomlr atlon be comes void. The nominations of all .postmasters presented to. ay Tvere con firmed save that of Mr. Young. When his name -was read, Fulton asked that It be laid aside without consideration. Bourne was not present to protest, and Fulton's requcs prevailed. Word had been sent to Bourne, however, and he bolted into the Senate and angrily demanded that Mr. Young's name be ca'led up and acted upon. Fulton then rose and stated that before action was taken he desired to present an array of facts which, In his Judgmen... disquali fied Mr. Young for postmaster. He Intimated that he had much to say and would require considerable time in pre senting his case. Xot Enough Time, Says Hale. Mr. Hale then stated that i.e could not consent to consider this case be cause the Senate, with a great quantity of public business demanding consid eration, could not spare the. time. Bourne protested s gainst thus being set aside, . but the Senate . would not listen to him. The Senate Immediately threw open Its doors and resumed consideration of the sundry civil bill. As the full time of the Senate will be occupied with ap propriation bills from now until ad journment. It 1- evident that the Senate will not grant the time necessary for the consideration of Mr. Young's con firmation. Bourne Trying to Get Even. Angered because Fulton refuses to consent to the confirmation of Mr. Young, Bourne Trill endeavor to "get even" with his colleague. Already he has gone to President-elect Taft to protest against tho appointment of Fulton to the new- Federal Judgeship created by the bill which passed Con gress Saturday. He Is bringing to bear all the Influence at his command to head off Fulton's appointment, and It Is reported he has endeavored to en list the co-operation of Francis J. Heney. TLere's another report .that Bourne has urged upon President Roosevelt to veto the bill, but such action would convey tho- Impression that Mr. Roose velt could not trust Mr. Taft to ap point Federal Judges for Washington and Oregon. To offset Bourne's efforts, influential Senators close to Mr. Taft are planning to see the President-elect immediately and to urge strongly the appointment of Fulton. It Is understood that La Follette Is the only Senator who will Join Bourne in opposing Fulton. OPEN DITCH FLOODS ECHO Streets of City Inundated Before Flow at Intake Shut Off. PENDLETON, Or.. March 1. (Special.) Echo Is flooded with water tonight as a result of a break in the Government ditch at that point. The break occurred Just above the depot, and the water rushed down the hill at a tremendous speed. After the water was shut off at the intake, oie mile and a half distant, a heavy volume of water had yet to find its way Into the streets. A large portion of the town was pro tected by the railroad grade, which dammed and turned the flood. The school- house, the scouring mill and the depot were inundated with from two to three feet of water. It Is not thought the water will damage the railroad track to ' the extent or hindering trains. TRAIN TOOK HIS ORANGES Mexican Rancher Causes Wreck by Anxiety for Fruit Shipments, ' GUADALAJARA. Mexico., March 1. Jose Flores is in Jail at La Baraca, charged with wrecking a train. He has a plantation near Salamea and loading a car with oranges, he demanded that the Mexican Central remove it. As this was not done 'he set the switch so that the first on-coming train would run onto it hoping -the. .train crew would take his .-oranges. N6rthbound passenger " train No. 6 ran Into the car, wrecking the en- gtne, baggage car and a. third-class i. i - , i , ii ui" ' iiijuiing several passengers, and, as a result, the owner is a prisoner. Palace Gambling House, Scene of Many Spectacular Plays, Among Buildings Destroyed. RENO, Nov., March 1. Fire starting. It Is supposed, from an overheated flue In an upper room of the Arcade Hotel on Commercial street at 3 o'clock this afternoon quickly communicated to the Palace Hotel and gambling house, owned by Jim May, at the corner of Commercial and Center streets, and In an hour the old landmark and notorious gaming place was on a level with the Arcade Hotel, a mass of smoldering ruins. Four men made a thrilling rescue of Miss Pearl Foley, who had been asleep In one of the rooms of the Palace. After throwing several articles of value from the window, she collapsed and lay help less on the sill, while flames swirled be hind her. Before a ladder could be raised the men rushed forward and. climbing one upon the other reached Miss Foley and conveyed her to the street through a flame-filled stairway. The Palace gambling house has been the scene of many spectacular plays, one of the most noted being made by its present owner, Jim May. One night two years ago, after a run of hard luck May put a $1000 bill on No. 4 on the roulette wheel and won $35,000. In lieu of cash he was given an interest in the games, since which time he had ac quired the building. The Washoe saloon and restaurant, ad Joining the Arcade on the west, was wrecked and its contents destroyed. The loss will approach 1100.000, partly covered by insurance. COURT UPHOLDS RATE LAW Washington Railroad Commission Has Power to Fix Charges. OLYMPIA. Wash., March 1. The Rail way Commission of this state, including the power therein conferred upon the Commission to fix railroad rates, was up held by the Supreme Court today.. A con stitutional question was raised by the Great Northern in an appeal from the Joint wheat rate order of the Commis sion, that the power to fix rates is vested solely In the Legislature by' the state constitution. The court holds that the Legislature, In expressing that the rate shall be fair. Just, reasonable and suf ficient, declares a law and that details of working it out are merely adminis trative and can . be delegated to com mission. This Is In direct conflict with an opinion rendered last Summer by Judge C. H. Hanford in the Federal Court. The Supreme Court also sustained the constitutionality of that section of the law authorizing the Commission to com pel physical connections between com peting railroads at Junction points. KAISER FINDS HIS TONGUE Stakes Speech Praising Work of Minister of War. BERLIN, March 1. Emperor William delivered a speech today in connection with the centenary of the foundation of the Ministry of War, In which he praised the glorious work done for the Father land by this department. "I am proud to testify that this Min istry has fully satisfied all expectations and that -it has performed its duties with great fidelity and sacrifice, ignoring fa tigue," he said. "It has prepared and strengthened the Army eo that the mili tary forces always have been capable of fulfilling their great work as the strong and unconquerable protector of the Fatherland." GROOM WAITS 20 MONTHS After Getting License Bride Changes Mind Then Changes It Again. BUTTE, Mont., March 1. (Special.) A unique Instance of a marriage license being kept 20 months before being used became known here yesterday, when Victor Mattson asked the Courthouse offi cials if the license was still good. In August, 1907, Mattson secured the license. The following day his intended bride, Lena Flankey, changed her mind and sailed for Finland. Heeding Mattson's ap peals for he.- to return, she finally changed her mind again, returned, and the couple were married yesterday. FOLLOWS IN J. D.'S STEPS Adlai Stevenson Forsakes Law and Coal to Establish University. . CHICAGO. March 1 What to do with our Vice-Presidents is a question which has been solved by at least one of them for himself. Adlai E. Stevenson, it was learned today, will retire from his law business and his coal mining to estab lish the LaSalle Extension University. The LaSalle Institution's aim Is an ex tension along the lines which have proved a success by the University of Wisconsin. HARVESTER COMPANY PAYS Sends Kansas Check for $13,702 for Fine and Costs Assessed. TOPE K A, Kan., March L The Inter nationa! Harvester Company today paid to R. L. Thomas, Clerk of the Shawnee County District Court. $13,702, the fine and costs assessed against the company by Judge A. W. Dana for violating the Kansas anti-trust laws. The case was appealed and affirmed by the Su preme Court a month ago. Excitement in Chicago at Feverish Stage. PRICES DECLINE SLIGHTLY Grain Pours Into City From Western Warehouses. PATTEN COOL AND SELLING Turns Tables During Tensest Mo menta Big Trader Denies He Is Trying to Corner the Market. WHEAT'S TOP PRICE EACH TEAS FOB TEN YEARS. CHICAGO. March 1 The follow ing table shows the month In which tho lop quotation was reached In th hlcsffo wheat pit during the last 10 years. iiuoo June so S7H 19ninecember 7'J 1!02 September 19s September '. ir: HMH October i'-I t niori February " J'-'J VMIO April 5J 17 October - l'o'iS . lung Mav J-J - 1U09 February ............. I 1.19 CHICAGO, March 1. (Special.) Bull force yielded a bit in a tremendously ex citing wheat market today, the bears be ing backed up as In a secondary line by a weaker market abroad and an inrush of wheat from iarms and Interior store-houses, especially In the North west. It was a day to make the aver age trader fearful, but Patten and his associates seemed to to go through the ordeal unafraid and still true to the nag they have set up for them selves. Prices Decline Slightly. Net results of the -day's transac tions In this market were a price loss of 7-8 cents for May, 3-8 cents for July and September and 1-8 cent for December. Tonight the trade gener ally Is expresing the view that the slump in May wheat has not altered in the slightest the broad situation on which the activities of weeks have been bullded. The day's set-back was mere ly looked upon as more severe than others before it, and those who have made a close study of the Patten tac tics believe this tumble . i be fol lowed by a further marking up of prices by the leading longs. The cash situation was plainly not so long as It was last week, although there was no cheao wheat In sight. There were indications in some quar ters that mills are either getting filled up ylth wheat or are running short of orders for Winter-wheat flour on the basis of current prices. It is behoved that the Patten crowd disposed of-a considerable line of May and July wheat in the excitement to- (Concluded on Page 2.) Aviator and Spanish Colonel Nar rowly Escape .Injury When Accident Occurs. PAC. France. March 1. Wilbur Wright and Colonel Vlves. chief of the aerostatic corps of the Spanish armyi na'rrowly escaped injury today when the rudder of the Wright aeroplane struck the ground, disabling the machine. The accident occurred Just as the ma chine was being launched for a flight. The rudder snapjied and the cable used to guide the rudder wound around the propellers, which In turn were disabled. The machine, however, flew on 40 me ters and then stopped. Neither of its occupants was hurt. Previously Mr. Wright had made two successful flights with MM. Lambert and Tlssandler as passengers. MAURETANIA 'GOING SOME' Turbine Cunartler Breaking .Her Own Eastward Record. NEW YORK, March 1. From cable ad vices received from Pastnet giving the position of the turbine liner Mauretania at 7 o'clock tonight at 358 miles west of Queenstown it is apparent that unless some accident causes the slacking of that vessel's average speed, she will 'estab lish a new record for t the eastward voyage between this port and Queens town. Up to Saturday noon the Mauretania had covered 1249 knots at an average of 25.21 knots an hour. During that time she had Improved on her own record for a day's run by covering 607 knots during the 24 hours from Friday noon to Satur day noon. This Is an. average speed of 26.29 knots an hour and a new record. If thte keeps up she will reach Queens town at about 8:30 A. M. Tuesday, an hour and a half ahead of her best time for the trip, completing the voyage In 4 days and 19 hours. PUT CANNON ON AIRSHIPS Germany Army Adopts Plans Pre caution Against Explosions. BERLIN. March 1. The military air ship of the future is to be armed with small cannon or machine guns. The army authorities at several headquarters throughout Germany are experimenting along this line and it has been virtually decided to provide balloons of the rigid Zeppelin type either with cannon of small calibre or machine guns. The danger resulting from the recoil and the escaping of gas from the muzzle has been practically eliminated Ly a system of adjustments, the details of which are kept secret. It U proposed also to arm the semi rigid balloons of the Parseval and Gross types with a lighter rapid-fire weapon, thus enabling them to attack Infantry detachments. BREAKS ROOSEVELT'S GAIT Dr. Throckmorton at' 65 Outrides Retiring President. P1QUA, O.. March 1. Dr. G. C. ThrockT morton. aged 65. exceeded today the mili tary ride of President Roosevelt of 96 miles, military gait, when he rode three horses In relays 120 miles In 13 hours 45 minutes. The result was telegraphed to President Roosevelt, who manifested Interest in the effort to break his record. THE RECORD-BREAKER. ' Death Proves Too'Fast for Aged Turfman. FIGHT FOR ESTATE ASSURED Many Affairs With Women Will Form Its Basis. WEALTH MUCH SHRUNKEN Careless Mortgaging- Has Lost Much Property Once Pleaded Bad Reputation as l-fcn.e From Woman's Claims. IXyS ANGELAS. Cat.. March 1. (Spe cial.) The death of old Lucky Baldwin at 7 this morning, after a long struggle with pneumonia, means the probable be ginning of many sensational suits at law for a slice of the fortune of $10,000,000 which the old stock plunger and turfman left. Baldwin should have left 50.0u0.OiO. as 20 years ago he was worth that amount, but bad management and fondness for mortgaging property cost him very dear ly. All that he had at the time of his death was the famous Santa Anita ranch of 60.000 acres, the Tallac Hotel on Lake Tataoe and several parcels of real estate In San Francisco. How heavily these properties are mortgaged, no one except his brother-in-law and manager. H. A. Unruh, can tell. . Careles About Mortgages. Of late years Baldwin has been very careless In money affairs and only last month his counsel In San Francisco re tired because he had neglected to answer their letters. Judgment for $12,000 was found against hun. Baldwin built the Baldwin Theater and Hotel on one of the finest corners of Market street in San Francisco, but he carried two $1,000 .000 mortgages on ... and when the build ings -kurned a few years ago he could not pay the bank, which foreclosed, and the property fell Into the hands of James u. r iuuu. Many Beautiful "Nieces." Baldwin's affairs with women will probably lead to much litigation. He was married three times and he was sued for breach of promise twice. He always had a number of beautiful "nieces" liv ing with him attractive girls who are liable to put In claims for a part of the estate. His latest marriage was to Miss Bennett, of San Francisco, 18 years old. and the daughter of a prominent archi tect. One girl with whom he lived took a shot at him In the Baldwin Hotel. When she brought suit for breach of promise. Baldwin made answer that she should have known by his general reputation that It was dangerous to have any deal ings with him. Swore He Would Fool Death. Baldwin's vitality was remarkable. Concluded on Pa ire 2 ) Excavation X"nder Mexican Ctty Disclose Interesting Specimens. I-OS AXGELKS, Cal.. Mar. 1. (Spe cial.) That the Egyptians crossed from the land of the Nile and settled In Mexico by means of the Ist Con tinent. Atlantis. Is the now theory ad vanced by Colonel I- R. Fox. a local civil ensrlneer and archaeologist. In proof of this theory Fox today brought hero Interesting archaeological speci mens dug up in the City of Mexico wht'e workmen In his charge were ex cavating through the ruins of a pre historic temple. Fourteen feet be neath the surface they found a por phyry god. most Kgyptian In appear ance, resembling the Sphinx, weighing about 30 pounds and being a foot tall. Nearby were an urn of terra cotta painted vermllllon. proving that It was for use In temples and not for the common people, and bearing repre sentations of asps. Kgyptian priests and chieftains, some heads of priests, arrow heads and a spindle bearing hieroglyphics similar to the Etruscan. Fox declares the porphyry eod Is 3000 years old. HUSBAND ACTS AS REFEREE Watches Wife Thrash Man She Says Insulted Her. SEATTLE. Wash.. March 1. (Spe cial.) L E. Evett. of the firm of L. E. Evett & Co.. real estate agents at 65th street and Phlnney avenue. was thrashed with a small riding whip at his office Sunday morning by Sirs. Wil liam Bohrlnger. wife of a lineman em ployed by a local telephone company, who said Kvett had Insulted her the night before In his office. After ad ministering the thrashing, the woman and her husband, who accompanied her and acted as the referee, left. Evett says Bohrlnger apologized for his wife's act. Evett states that the woman had made a nuisance of herself through her demands for the use of his phone and her pleadings for a perma nent position In his office. He declares that lie offered her no Insult and says he has witnesses to prove his asser tions. THREE GRAFTERS GUILTY Pittsburg Council men Convicted, x- Banker Is Acquitted. PITTSBURG, March I. After the jury had been out nearly 53 hours, a verdict of guilty was returned late to day against president of the Common Council William Brands and Council men John' F. Klein and Joseph C. Was son. charged with conspiracy. Ex Bank President W. W. liumsey. Indict ed on the same charge, was acquitted on the orders of the court. The three convicted men were charged with having conspired to pass an ordinance for the paving of certain streets with wooden blocks on the pay ment of certain sums of money. A de tective posing as a wood-block con tractor secured the evidence. Klein and Ramsey had already been convicted of bribery in Individual cases. An appeal will be taken. PRIEST BEATEN BY THUGS Lured From Home on Pretext Woman Need. Dying Kites. BOSTON. March 1. Three unknown men lured Rev. Francis Lebertl. pastor of a Roman Catholic Church of Our Lady of Mount Carmel, from his home In East Boston tonight and beat him Into uncon sciousness. Two hours later the Rev. Mr. Lebertl recovered sufficiently to go to a physician's office. Father Ietwrtl was told by the strangers, when. they called at his resi dence, that a dying woman desired the last rites of the church. The motive for the outrage has not been learned. GAS 'COMPANY DISGORGES New York Concern starts Ilefund Ing 512,000,000 Inder Law. NEW YORK. March 1. Disbursement of the $12.0m).:i0 in rebates due to gus consumers In Manhattan and the Bronx, under the SO-cent gas law In connection with the dec Hon of the United States Supremo Court, was begun today by the Consolidated (las Company and its sub sidiary corporations. When the first day's work of repayment was closed ap proximately y checks had been sent out. these aggregating a face value esti mated of about $100,000. SENATE PASSES PRIMARY Not a Dissenting Voice In Califor nia's Upper House. SACRAMENTO. March 1. Without a dissenting vote tho 9nate passed, late this afternoon, the Wright-Stanton direct primary bill. The measure, which will be sent at once to the Assembly, provides for nomination for all public offices by di rect vote of the people. Thte Includes Uni ted States Senators. VOTE ON WOMAN SUFFRAGE Senate or South Dakota Puts It Vp to Public Vole. PIERRE. S. D., March 1. The Senate today passed the House resolution grant ing a popular vole on an equal suffrage amendment. Dr. Glasgow's Evidence Bought by Defense. COUNCIL ARGUES OYER COST Sensational Feature Is Added to Murder Trial. TESTIMONY HELPS COOPER Phjsician Declares If Senator Did Not lire First Shot He Could Not Have Kired at All. NASHVILLE. Tenn.. March 1. Tha spectacle of counsel on one side, not only selling a witness to the opposition, but hacgling over the terms, was an Incident today in the Cooper trial. The subject of the transaction was Dr. McFheeters-Olasgow. who had been employe J i,y the prosecution to perform sn autopsy on Senator Carmsck's body. He did mi and reported his Undines to the prosecution. He was subpenaed by the state, but was not used. The de fense learned of the autopsy and sum moned the doctor. Dr. Glasgow told counsel for the de fense that his services as an expert had b-en retained by the state and that h would not discuss the case except with the Attorney-General. Become Witness for Defense. Attorney-General McCarn proposed thnt If Lie defense would pay the state the costs of the autopsy. Including lr. Glasgow's fee, the state would waive Its rights. Judge Hart said the defense wanted "to see the goods" before It bought, and offered to confer with Dr. Glasgow. To this the prosecutors entered an emphatic veto. Tay whether you use him or not." they said. There was another hurried conference and tho def.-nse- bought the goods in the bag and Dr. Glasgow became Its wit ness. The significance of his testimony was that any one of the three wounds was necessarily and Instantly fatal and that If the Senator did not fire the first shots he could not have fired at all. The other chief witness was S. J. Bin Olngs, who claimed to havs seen Senator Curmack fingering his revolver and test ing the cylinder a few moments before the shooting was begun. He also tes- Continued on Psge 4 INDEX OF TODAY'S NEWS Hr-lhfT. TEST K HO AY'." Maximum trmprrttur. degrees ; minimum, 4 J O degrees. TODA Y'fc Occasions! rain; south westerly tnda. r orclgn. Wl'.luir Wright almost meet a disaster with airship. I'ag 1. Crime chanted In connection with contest fur iSackvllle estate and title. luce 4. Cruelty of Anglo-American couple in Kranc to children raises scandal about their parentage. Puge 4- National. Senator Bailey starts near fight with Presi dent for prerogative. Fa 3- Seneto committee acreea to disagree on. steel merger. Page a. ToutiK'i appointment shelved by Senate and, Bourne tries to ct even m 1th Fulton. I'age 1. House radically amends forest reserve bill and dtaUiock Is threatened. Pag. 3. Collector rum resigns to relieve Taft of embarrassment. Page 3 Insurgents win point In change of House roles. Tape li. Taft en joys la st leisure before Inaugura tion. Page 3. I tome tic. Lurkr Baldwin dlea leaving; many millions for claimant to flht over. rage 1. Patrick enjoys day's liberty to srgu appeal in own case. Page 4. Railroad man discovers ylot to wreck train by peeling wrecked on tricycle. Page it. Wranile in i"oo;er trial over sale of wit ness. I'age 1. Great gathering of victims of swindlers at 1,'tlle Hock. pag -V Supreme Court decides against receiver and accounting for Ku.utiile Llfe. page X. Wild excitement In Chicago when wheat breaks nearly a cent. l'ac 1. Historic hotel and gambling house at Keno burn. I'age I. Sports. night of Portland to continuous baseball Is defended. I'age 7. Multnomah defeats O. A. C- at basketball to IX lage 7- Jeffries wive he will fight Johnson if he can gt i in . ondltion. Paife 7. purlllc Northwest. Secretary of State Benson takes oath as Governor of Oregon. I'age ti. Olympia Senate proposes to make giving; of tips Illegal. Page 7. Boise Lepisiature parses direct primary law. Page l. Circuit Court Judge Bean. of V ma til la "ou.it y. accused of fraudulently obtain ing desert land claim. I'age 6. Dr. Peacock convicted of manslaughter at Ca tb la met. i'age o. Commercial and Marine. T-ocal flour prices advance again. Page 15. tSaggfng tendency of Kastcrn and foreign wheat markets. Page 15. Short covering causes advance In stocks. Page K. Gains m February tonnage entering the Co lumbia Hler. Pago 14. Port Lund and Vicinity. Legal battle for acres of U. & C- land crant is begun. Pbkc lo. Tacific tel & Wire Company absorbed by steei trust. Page 14. Three criminals sentenced by Judge Gan- tenbeln. I'age 2. Republicans ex.ect victory In municipal election by strength of ticket. pace lo. Klve divorces akcd In Circuit Court. I'age 1. Italian s!iot through arm by revengeful countrymen. Pago X. Flour fevls Impetus of wheat trading and soars upward. Page 15. Manv msrrlage licenses taken out on which no returns have been made. Page lf. Charge made lef ore Cli arter Board that Council deferred payments cause higher bids. Page 5. School Inspector criticise sanitary condi tions In many Institutions, Page 1 !