V K WILL NOT BE ED JUDGE Taft Now Considering Other Candidates. BEAN IS AMONG LEADING ONES Attacks on Fulton Make Him Not Eligible. HENEY'S CHARGES FAIL Plsmissed as I'nworthy or Consider ation Taft Anxious to Keep Ju diciary Above Criticism From the Public. ORBtiONTAX NEWS BUREAU. Wash lngtnn. April 2. Unless President Taft undergoes a change of mind, ex-Senator Fulton will not be. appointed Federal Judge In Oregon. No offlclal announce, ment to this effect in obtainable, but from sources close to the President It Is learned that the names of other appli cant are now under consideration, and that the President practically has aban doned his original Inclination to appoint Mr. Fulton. It was stated at the White House today that the President had not yet decided upon a man for this office and until his KC'lec-tion is made no formal announce ment will be forthcoming, it could not be learned what names are under con eidemtlon, though it is understood that Judge Bean, because of his strong-Indorsements by the Oregon bar, Is one of the leading candidates. Appointment Not expedient. What induced the President to Changs his attitude towards Mr. Kulton cannot he authoritatively learned, though it Is the understanding among those having the entre at the White House that the President has come to the conclusion that It would be Inexpedient to appoint Mr. Fulton, in view of the many at tacks that have been made upon him. These attacks, it is explained, have aroused antagonistic feeling, and the in timation is made that, because of this sentiment, Mr. Fulton's appointment to the bench would meet with considerable disapproval disapproval of the sort the President does not wlah directed at his Judiciary. Henry's Charges Have Xo Kffect. The President's change of mind, ac cording to authority, la not attributed to the -Henry charges, for those charges and Mr. Fulton's answer were examined by one member of the Cabinet and dis missed as unworthy of consideration. Attorney-General Wickersham presented his report on the Honey charges to the Presi dent todny, but that report was not con sidered at tho Cabinet meeting, and tha Attorney-General left town this afternoon without opportunity of discussing the case .wltfl the President. Furthermore. It Is understood hla report on the Heney charges was not unfavorable to Mr. Ful ton. Not Influenced by Cabinet. In tentatively deciding not to appoint Mr. Fulton, the President is understood to have acted entirely unon his own inHr. ment and irrespective of advice from his Cabinet officers. Senator Chamberlain, in this connec tion, said todav he had at rm tima tesied against Mr. Fulton's appointment and that the previous statement to that rffect was Incorrect. He merely presented without comment, a telejrrSm from Tracy Becker. Mr. Fulton has heard nothing' from the President or Attorney-General as to deci sion In his case and Is absolutely in the dark as to what is going on. ' XO ORGANIZED FIGHT MADE Several Protects Against Fulton. Two Judges Indorsed Durnett. Pevrral telegrams protesting again Ful ton's appointment were sent from Port land and different sections of the state l- the ex-Senator's political enemies either to President Taft or to Attorney trenerHl Wickersham. These telegrams, together with a number of petitions In behalf of the other aspirants for the Judgeship, were forwarded to Washington heginnlua: late in February, when Con gress enacted the law giving Oregon an additional Federal Judge. There was ap parently no organized tight against Mr. Fulton, who was believed to be slated for th. Job he himself had created. With Mr. Fulton eliminated as a can didate, speculation has been resumed as to which of the several aspirants for the appointment will land the place. Karly last muoth Judges C. E. Wolver ton and William R. Gilbert, of the United States District and Circuit Courts, re siHdlvely. telegraphed the President recommending the appointment of Circuit Judge George H. Burnett, of Salem. This action on tha part of the two Federal Judges hi thought locally to have had considerable to do In Influencing the President In deciding not to name Mr. Fulton for the place. "I Joined with Judge Wolverton in telegraphing a recommendation of Judge Burnett." said Judge Gilbert last night, "but this was before Justice Bean, of the Oregon Supreme Court, had been In dorsed by the Far Association and urged as a candidate. Judge Bean would be. satisfactory to me." When It was first suggested that Ore- oacludd en Fas FULTON NAM MO SALOME DANCE FOR BOSTON TOWN CLERGY AND STATE OFFICERS MAKE FORMAL PROTEST. As Result, Oscar Hanimcratcin Will Not Produce Opera at Boston This Season. BOSTON. April 2.-The opera. "Salome," which the Manhattan Grand Opera. Com pany Intended to present at the Boston Theater next Thursday, will not be given because of protests from Governor Dra per, Mayor Hibbard. Bishop Lawrence of the Episcopal Church. Vicar-General Patterson of the Roman Catholic Church. Rev. Dr. G. A. Gordon of the Congregational-Trinitarian body, former Governor Curtis Guild and other leading citizens. The clergy objected to the opera on moral grounds and many of them con sidered that a presentation of "Salome" next Thursday would be a profanation of Holy Week. Mayor Hibbard notified the lessees of the Boston Theater Frohman & Harris today that if the Manhattan company persisted in Its Intention of producing "Salome" he would invoke such power as he possessed to stop the presentation. NEW YORK. April 2. Oscar Ham mersteln. speaking of the exclusion of "Salome" from Boston, said tonight: "I never expected that Salome would be allowed in Boston, and I bad no Idea of presenting it. But the Bos ton critics all came to me on Mon day and Insisted that Boston must have a chance to hear "Salome." 1 told them it was impossible. They persisted. I consented to the extent of advertising a performance, and awaited results. They were Just what I expected. Boston will not stand for It. I know Boston better than the Boston critics." FORT'S BASE IS SINKING Artillery Officers Alarmed at Con dition at Fort Stevens. FORT STEVENS. Or.. April 2. (Spe cial.) Recent surveys have made it ap parent that land adjoining Battery Russell, the most modern .and best equipped bat tery at Fort Stevens, In fact, on this Coast, is rapidly sinking. In places It is found that the land is at least one foot lower than formerly. Various hypotheses are advanced to account for this unusual occurrence. Some advance the theory that earth quakes, so prevalent on this coast, are the active cause; others, tbat the land on which this battery Is situated, being of such a swampy nature, sinks from the enormous pressure exerted by such an unusual weight. The cost of this battery approximates Jl. 500,000; hence consider able interest and some alarm are mani fested as to the ultimate outcome of a most unusual condition. MINERS FREED FROM TOMB Two Men Imprisoned in Nevada Tunnel Rescued by Friends. - VIRGINIA CITY, New, April 2 Martin Walker and James Lannahlll, the two Comstock miners yesterday imprisoned in a tunnel near the en trance, were rescued from what prom ised "to be their tomb this morning at 3:25. Their wives and friends were at the mouth of the tunnel when they were taken from the depths, and there was a scene of great rejoicing as the two men again breathed the open air. Both men were tired and hungry, and showed signs of great worry and suf fering, but were unhurt. The acci dent occurred yesterday morning. RUSH FOR TRADING STAMPS Women Try to Get Books Filled Be fore Xew Law Goes In. ST. PAUL, April I. Following the pas sage of a law making Issue of trading stamps Illegal unless they bor on their face' the actual value of the stamps, several ' small runs have been made on the local trading stamp stores. Today 500 women gathered in front of one store in an attempt to get their books filled so they would be able to get prizes before the law became effect ive. The concern wasunable to handle the crowd and the police were called out to disperse It. REWARD TO CATCH OSWALD Grart Inquiry Will Fall Without His Evidence. I.OS ANGELES. April 2. District At torney Fredericks announced today the offer of a reward of J1000 for infor mation that would lead to the arrest of Nick Oswald, the missing "tenderloin king." who Is wanted as a witness be fore the special grand Jury, In connection with 'charges of graft "preferred against ex-Mayor Harper and others. It is freely pedicted that without Os wald the grand Jury can go no further in its investigations. MANY CHILDREN MANGLED Xltroglycerino Explodes at Oil Well Xear High School. BRADFORD. Pa.. April 2. Twenty per sons. Including several school children, were burned, eight seriously, this after noon by an explosion following the shoot ing of an oil well with 130 quarts of 'nitro glycerine. The well Is near a high school. The pupils and others rushed to the mouth of the well to pick up stones 'that had been thrown to the surface by the shooting, and then the explosion occurred. Four of the pupils may not recover. WILL USE E TRACK Harriman and Earling Make Agreement. NO CONTEST FOR TERRITORY May Be Truce Among All Sys tems in Northwest. BUT GATEWAY MUST OPEN Harriman. Insists on Concessions and Hill May Yield St. Paul Will Xot Run Trains Through to Coast This Year. CHICAGO. April 2. tSpecial.) There will be no contest betwen the St. Paul road and the Harriman lines over terri tory to be occupied by either interest In the Pacific Northwest. This was decided during the brief visit of Edward H. Har riman in Chicago Wednesday. While in his private car, which stood in the Park Jtow station of the Illinois Central road, Mr. Harriman was visited by President A. J. Earling, of the St. Paul road, and arrangements were completed for the Joint use of certain tracks by the St. Paul and the Harriman lines. Joint Track and Truce. Although none of the officials interested in the deal would sav nnvthlnp- onnr-e. Ing it, it Is understood that the tentative agreement will obviate the nnvnih ct Mr. Harrlman'B building a line between Seattle and Tacoma, as he contemplated doing as a part of his line from Portland to Seattle. The two men had only a few moments' conversation, but It was suf ficient to clinch an agreement regarding which they had talked several times be fore. In this connection also It la atotsH tv,. the conference between Mr. Harriman and Louis W. Hill In San Francisco is likely loresalt In a. better understanding be tween the Hill and Harriman lines In the Pacific Northwest. It is stated that all three interests realize the benefit which would come should there be a truce among them with respect to territorial aggression in the Northwest. As the price of peace, however. Mr. Harriman is said to insist upon the opening to his lines of the Portland gateway, and it is thought by many that' concessions will be made in this direction by the Hill people. Through Trains Next Year. In connection with the completion of the rail-laying on the St. Paul's Pacific Coast extension, it has been announced that through train service between Chi cago and Seattle and Tacoma by way of St. Paul will not begin until early next year. Although peace Is expected be tween the Harriman and St. Paul. Inter ests, the management of the latter road does not wish to ask for through busi ness until it is sure that it has a rall- (Concluded on Page 4.) BOTH ROADS SAM black hand chief FALLS INTO TRAP CAPTFRED WHILE RECEIVING DUMMY MONEY PACKAGE. Pounced On by Detectives, Black mailer Fights and Then Betrays Comrades. CHICAGO, April 2. Vincenzo Geracl. who is said by the police to be the leader of the Chicago Black Hand So ciety, was arrested here today in the office of Dr. Peter Cutrera. from whom the Italian had demanded $3000 on pain of death. Geracl has given evidence concerning his associates In the plot and the police expect: soon to arrest several more members of the band. - . The . physician received a telephone message today from a man Who said he was one of those who had written a letter w-hlch the physician had not answered. -1 "Unless you pay us the money, you will be killed within an hour," said the man. Dr. Cutrera Invited the man to his office. He prepared a dummy pack age of money and sent for the police. Detectives came at once and were con cealed In an adjoining room. Just as the physician was handing the package over, the detectives leaped upon the blackmailer. He fought hard before being overcome. CHINESE DIGNITY INJURED Merchant and High Official Arrest ed In Pittsburg. WASHINGTON. April 2. Secretary of State Knox today sent a communication to the Governor of Pennsylvania request ing an Investigation of the circumstances attending the arrest of Yip Yen, a promi nent Chinese merchant of "Vancouver, B. C, and Low Sy Ki, Taotal of a province In China, In Pittsburg.' This request was made upon the representation of Minister Wu, of China, that the men had been Improperly arrested. The Mayor of Pittsburg said that the men were apprehended for selling securi ties not listed In the state, as provided by law, and that, upon learning that they did so ignorantly and upon the request of the Chinese Minister, he ordered them released. WESTON KNOCKS MARATHON On Arrival at Sharon Veteran Pe destrian Gives Opinions. ' SHARON. Pa April 2. Edward Pay son Weston, the pedestrian, arrived In Sharon shortly after 7 o'clock tonight. He left Meadville at 4:30 o'clock this ir Tnlng, making: 40 miles today. After a night's rest he will leave for Youngs town in the morning, and will stay in Canton over night. Weston declared that Marathon races are wicked. Injure the health, and should not be permitted. COW CHEWS BOY'S HAND Mangles Thumb and Forefinger in Mistake for Red Apple. VANCOUVER, Wash.. April 2. (Spe cial.) A cow mistook the hand of Stanley Voorhees, a young: lad of Hazeldell.,for an apple, and before the boy could Jerk his hand from the cow's mouth a thumb and one finger had been mashed to a pulp. The boy at the time was trying to drive the cow from a box of apples. HER SPRING HAT. , ' ... ; SENATE HAS PLAN FOR RETALIATION Maximum Tariff for Hostile Nations. GIVE YEAR TO ADJUST RATES Taft - Will. Examine Foreign Tariffs Meanwhile. SENATE WILL HURRY BILL Aldrich Promises Prompt Action in Senate Strict Provisions Against Undervaluations Are to Be Included. WASHINGTON, .April 2. - President Taft was informed today of the Senate programme for the administration of the new tariff bill. It provides that the mini mum tariff shall apply to all countries ,r. at the end of that time the maximum rates will go Into effect against all countries which. In the opinion of the President, are not giving the United States their best tariff rates. The President, it is understood, favors strongly the Idea of applying the maxi mum and minimum principle and It is believed that It will be agreed upon fully. The plan of administering the minimum and maximum rates in the House bill as it now stands is said to be indefinite and less effective than the one proposed by the Senate finance committee. Will Be No Delay in Senate. Prior to the Cabinet meeting today Mr. Taft conferred with Chairman Aldrich of the Senate finance committee and Secre tary McVeagh. Mr. Aldrich assured the President that the committee is making most satisfactory progress with the bill and said there would 'be little or no de lay in taking the matter up In the Senate. The administrative features of the Senate bill were discussed. Mr. Aldrich left later for New York and the" finance committee will not meet during his absence. Reports, apparently authentic, have been current that the majority sentiment in the Senate opposed the minimum and maximum principle as enunciated in the Payne bill. The President has not shared this belief and he received definite as surances today as to the correctness of his position, when Mr. Aldrich. outlined his own position and that of the majority of the finance committee. Will Hit at Fnfrlendly Nations. The difference between the minimum and maximum rates will be 20 per cent. It is planned that for nine months or one year the minimum rate shall apply to all countries without distinction or dis crimination. At the end of this period the maximum rates will go into effect automatically against all countries which. In the opinion of the Executive, are not giving the United States their most favored Nation clauses. If, In the gen- (Concluded on Page s.) INTERRUPTS MEAL TO KILL FATHER YOFXG OHIOAX BECOMES SUD DENLY INSANE AT TABLE. After Committing Foul Deed, Pick9 Vp Napkin and Resumes Dinner as Usual. NIL.ES. O.. April 2. Richard Law, 2 years old. Interrupted his dinner tonight long enough to kill his father, and then seated himself within two feet of the body of his parent and . resumed eating. The young man seemed very much sur prised later when he was arrested, aDtf his mother believes his mind is unbal anced. The crime was committed in the home of Samuel Law, who was seated at the head of the family table. Mr. Law is 65 years old, and was quietly eating his dinner when the son rdss from the table, reached over and took the carving knife from a platter, and before the horrified eyes of the ' balance of the family, )lunged the blade into his lather's heart. He then laid the knife ri a sideboard, picked up his napkin, and returned to the table and started In eating as if nothing bad happened. Mrs.' Law, the wife of the dead man. was too frightened to move for several minutes, but finally rose and summoned the police. When the officers arrived young Law wanted to know why ho should be taken away. FARM SELLS FOR $95,000 Lafolictte Orchard on Snake River Sold to Lewlston Firm. SPOKANE, Wash., April 2. (Spe cai. w. Ij. Lafollette, -the fruit king" of Wawawai, has given an op tion on his fruit farm at Wawawai, 14 miles south of Pullman, on the Snake River. The consideration Is placed at $95,000. White Bros. & Crum. of Lewiston, Idaho, fruit buy ers and shippers, are the purchasers. They have made a payment to hold the option. The land consists of about 960 acres, of -which 250 acres are in bearing fruit. This is the largest fruit orchard on Snake River and one of the in the Inland Empire. Shipments from mis orcnara run from 60 to 100 car loads annually. FRAUD IN MINING STOCKS Brokers Accused, of Bunkoing Inves tors Out of $150,000. NEW YORK. April 2. The Postofflce authorities caused the arrest here today of George L. McKay and Charles H. Col by, members of. a brokerage firm. The two men are charged with fraudulent use of the mails In the sale of certain mining Btocks to the amount of J15O.O0O. The charges are In connection with the alleged stocks of "the Island Bay Mining Company of Alaska, the Chlsna Con solidated Mining Company and the Equi ty Mines Syndicate of Coaldale, Nev. McKay came to this city from Tacoma. Wash.J about five years ago. He said he would be able to straighten the mat ter out to the satisfaction of air con cerned when he is arraigned tomorrow. LIVES OF TWO MEN SAVED Boat Vpsets in Coos Bay, but Res cuers Come at Once. MARSHFIELD. Or., April 2. (Spe cial.) John L. Brown and a man named Hansen, from the East, had a narrow es cape from drowning in Coos Bay today. They were in a small sailboat, which cap sized, and both would have drowned had they not been rescued by Henry Wick ham.U. B. Fulton and C. M. Byler, who went in a gasoline launch to the assist ance of the helpless men. SCRIBER'S PROPERTY SOLD Business House at La Grande Brings In $25,000. LA GRANDE, Or., April 2. (Special.) Another sale by the trustees of the bank rupt Scriber estate was made today when one of the main business houses on Ad ams avenue was sold for 125,000. The successful bidder is Joseph Palmer, pres ident of the defunct Farmers & Traders Bank, of which Scriber was cashier. The Scriber residence was also sold recently. These sales close the principal Items In the assets of the Scriber estate. $5,000,000 FOR HUMANITY Salvation Army to Found University - as Booth Memorial. NEW YORK, April 2. Commander Evangeline Booth, of the Salvation Army, announced today that a campaign will be launched April 10 for raising $5,000, 000 for founding a "World's University of Humanity." Its purpose will be to train workers for the Army's social service. The date chosen is the eightieth birttiday of Gen eral William Booth. A.-Y.-P. INVITES BRYCE British Ambassador Asked to Deliver Opening Address. SEATTLE. April 2. The British Am bassador to the United States. James Bryce. and James J. Hill, have been Invited by the directors of the Alaska-Tukon-Pacific Exposition to make the opening addresses June 1. Mr. Bryce Is now In California and the invitation was sent to him through Secretary of State Philander C. Knox. FIGHT LOOMS OH estate Mrs. Selby Stands' in Way of Settlement. IS LEFT OUT OF AGREEMENT Widow Gets Liberal Terms From Other Daughters. ESTATE IS PUT IN TRUST No Sooner Is Agreement Carried Out Than Sclby Says Wife AVill Sue Unless Claims Allowed Is His Legal Daughter. SAN FRANCISCO, April 2. The very day that a settlement had been made be tween the widow and two other daughters of "Lucky" Baldwin to avert a contest of his will, the third daughter, Mrs. Rose Ella Sclby. wife of David S. Selby. of Oakland, is declared to be ready to fight to the bitter end for her full share. Despite a will that was considered proof against all legal technicalities, the last wishes of E. J. (Lucky) Baldwin regard ing the disposition of his estate have been circumvented. By an agreement reached today between the principal heirs there will be no contest on the part of the widow, Mrs. Lilly Bennett Baldwin. There were filed simultaneously today in the County Recorder's office two deeds which are the outward signs of the agreement. In one deed the widow. Mrs. Lilly Bennett Baldwin, conveys to Mrs. Anita Baldwin McClaughry and Mrs. Clara Baldwin Stocker. tho one-third in terest In the Baldwin Annex, the widow's sole Interest in her husband's estat. under the will. Estate Put in Trust. The second deed is a transfer to th Metropolitan Trust Company by Mrs. Mc Claughry and Mrs. Stocker. who are the residuary legatees under the will, of all their interest in the Baldwin estate, in cluding the property conveyed to them by Mrs. Lilly Bennett Baldwin. Although on the face of It the transfer to the Metropolitan Trust Company is a straight deed, it was admitted today that (Concluded on Page 4- INDEX OF TODAY'S NEWS The Weather. YESTERDAY'S Maximum temperature, 56.2 degrees; minimum. 42.2. TODAY'S Increasing cloudiness followed by showers; winds shifting to southerly. Foreign Roosevelt arrives at Gibraltar.- Page 3. Zeppelin completes aerial voyage to Munich Page 5. National. Violent speeches against Payne tariff bill in House. Page a. Senate proposes new plan of maximum and minimum tariff, which Taft approves. Page 1. Taft practically decided not to appoint Fulton Judge. Page 1. Chicago women stampede to petition against higher duty on gloves and stockings. Page 1. Domestic. Harriman to shorten Union Pacific line and invade Burlington's territory. Page 3. Harriman and Earling agree on joint track and deal with Hill is expected. Page 1. Professor Stlmson. of Harvard, denounces boycott and Gompers replies. Page 4. Sensational hanging at Kallspell, Mont. Page 3. Performance of "Salome" in Boston pro hibited. Page 1. Leader of Chicago Black Hand Is trapped and informs on confederates. Page 1. Insurance decision throws thousands of agents out of job. Page 6. Contest is imminent on Baldwin estate. Page 1. Large judgment against Letter and Hoadley Page 3. Sport. Coast League scores: Portland 5. Los Angeles 1; Oakland 3, San Francisco 0; Sacramento 6. Vernon 4. Page 32. Cambridge favorite in English university boat race. Page 12. Longboat favorite for Marathon Derby race Page 12. Roller defeats Berg in two straight wrest ling bouts- Page 12. Star athletes of Northwest meet In indoor events here tonight. Page 12. Casey's Colts defeat Jacksonville, 7 to 1. Page 12. Preliminaries in state basketball champion ship played at Corvallis. Page 12. Faciflo Northwest. Insurance companies take advantage of Ore gon's more liberal law. Page 7. Red-hot municipal election on in Euiene. Page 7. Dr. Peacock is denied new trial and Is sen tenced to one to 20 years in penitentiary. Page 6. Commercial and Marine. New Oregon wool clip of superior Quality. Page 17. Bulge In wheat at Chicago. Page 17. Bears get upper hand in stock, market. Page 17. Spring weather helps general trade. Page 17 French bark Gael chartered for loading at London for Portland. Page 16. Portland and Vicinity. Commission hearing finds right-of-way and grounds of O. R. & N. In Oregon worth 7. 78a. 803. Page 18. Jesse c. Moore and mother-in-law, who shot him. give different versions of tragedy. Page 11. . Oregon Law School debaters defeat Wash ington team. Page 5. Local railroad men believe St. Paul road already has terminal sites here. Page 14. Park Board not In sympathy with Mayrfr on abolishing Park "Zoo." Page IS. Another dividend In sight for depositors of Title Bank. Page 18. Nine millinery establishments under arrest resul of Audubon Society crusade. Page Action of Republican Assembly awaited wtjth eagerness'. Page 5. Sunnside Methodist Episcopal Church Page 16campaign for '5.O00 church. Judge Oaten s says husband may lose tem per if wife flirts. page 10. Councilman Cellars may enter contest far Mayoralty. Pago e. BALDWIN