VOL. XLIX NO. 15,111. ' PORTLAND, OREGOX, TUESDAY, MAY 4, 1909. PRICE FIVE CENTS. TO QUIT; IS III LIE STORYOFGIGAIMTIC FORGERY IS ENDED BORAH DECLARES FOR INCOME TAX SHAMEFULCONDUCT OFJUDGESCHARGED SKIRMISH BANDS HEADED FOR LOLO SALOONMAN'S WIFE IS SUDDENLY RICH DOMESTIC TELLS SHOCKING TALES REPRESENTATIVE MURPHY OF WEALTHY AUNT BEQUEATHS HER $1,000,000. VAX VXISSEXGEX COMPLETES -TALE OF 20 YEARS' CRIME. 3HSSOURI COMPRAIXS. NICHOLS 11 Secretaryof State Gives . Up Fight. WOULD STAY, WERE HEYOUNGER Children and Friends Influence His Decision. FIRMLY DENIES ANY WRONG Spokane Man Iiikcly to Be Selected .by Governor Hay to Fill Va cancy" Cheerless Trip Back to Olympla. SEATTLE. Wash., May 3. (Special.) Sam H. Nichols, Secretary of State, has announced his Intention to resign from office. His announcement was made both at Seattle and at Olympia today. Fol lowing the advice of his closest friends, the Secretary, broken In spirit and fac ing chances of impeachment for alleged malfeasance, in office, belligerent almost to the last, heeded his friends and before Wednesday next lils resignation will be in the hands of Governor Hay. K. K. Irwin May Get Job. As a probable successor to Nichols, it is likely that E. K. Irwin, of Spokane, will be chosen to fill the unexpired term of Nichols. Irwin was a candidate in the direct primary for State Treasurer and it was many. days before the exact result was known between himself and the suc cessful man. J.1 G. Iewis. so close was the vote. It is known that Governor Hay at this time favors Irwin, but the Governor is not In a position to announce the successor to the Secretary of State until formal tender of the resignation is made. . In direct contract to the position taken by the Secretary of State and ex Insurance Commissioner, the present Commissioner, J. H. Schively, declined to be swerved from his announced In tention not to resign, fearing that should he do so he would be a target for his bondsmen, who might give him tip pending the Spokane grand Jury in vestigation. Schively Much Perturbed. But Mr. Schively is in a great state of perturbation. His conference at Everett Sunday night with the Secre tary of State availed him nothing, both the Secretary of State and Schively positively declined to be swerved by their friends and no compromise could be reached. Schively told Nichols that the Secretary of State uttered falsehoods and the Secretary of State was as positive that the Insurance Commissioner was badly mistaken. Neither would give In, and it has be come a matter of common knowledge that only for the persistence of the daughter of the Secretary of State, Nichols would not have relinquished his office. From Everett to Olympia today was a cheerless trip for the Secretary of State. He had not Intended to say anything con cerning his resignation, but when ques tioned at the train here he could not re sist the temptation to state that if he were 15 years younger he would put up a fight. Would Fight if He Were Younger. From Seattle on to Olympia he was more cheerful, and made no concealment of his intention to resign. Mrs. Nichols accompanied him. Immediately upon his arrival in Olympia he was met at the train by Assistant Secretary of State Ben Fish and later Attorney-General Bell. Secretary Nichols offered his Olympia home for sale for $4000. "Yes," he said. "I am going to resign. Although I am guilty of no crime, I am an old man, and my children want me to get out of politics; but if I were 15 years younger I'd stay." The Secretary's eyes flashed and then he relapsed into a reminiscence of the time when he was elected Republican Mayor of St. Paul over a normal Demo cratic vote of 10.000 majority. As a preliminary step to making his life easy In the twilight of his political career, the- retiring Secretary has pur chased two lots in Everett where he will build and be near his daughter. He will leave the Secretary of State's office In Independent circumstances. MEAD MAY BE OFFERED JOB Governor Hay Refuses to Talk of Xlchols" Successor. OLYMPIA. Wash., May 3. (Special.) Following the return this evening of Secretary of State Sam H. Nichols and his confirmation of the report he intends to resign, gossip is rife concerning who will be appointed his successor by Gov ernor Hay. Ex-Governor Albert B. Mead will be offered the appointment as Secretary of Ftat. when Sam H. Nichols resigns, if plans of some of his local and other friends are carried out. E. K. Irwin, of Spokane, who nearly de feated J. G. Lewis for the Republican nomination for State Treasurer, is also being heavily backed locally. Ben R. Fish, chief deputy under Nich ols, had made all plans to seek the .Concluded on Fas, t.) Says He Was Hounded for Money Continually by Men Whom He Had Fleeced. CHICAGO, May 3. Peter Van Vlissen gen, theformer real estate man serving a sentence for forgery amounting to 11,600.000, completed the story of his 20 years of crime before Referee In Bank ruptcy Wean today. Van Vlissengen was questioned as to his relations with Bernard Rosenberg and Maurice Rosen feld, the Chicago financiers who, he de clared, forced him to carry on more for geries in order to pay back what he had fleeced from them. He named several men by whom he had told Rosenberg and Rosenfeld he was . victimized. "Rosenfeld particularly was hounding me to death for money," said Van Vlissengen. "I was getting it faster than was safe for any of us." "Did you tell Rosenberg and Rosen feld how you made the forgeries and about the electric light system you used?" "Yes." "How much forged paper did you re deem between the years 1901 and 1908?" "About Jl.000,000 in bogus paper." "When you paid Rosenfeld and Rosen berg money, did they return you a speci fied paper?" "Sometimes." Van Vlissengen said Rosenfeld and Rosenberg had returned to him $70,000 worth of forged paper during the last four years. "How much of this paper did you re issue?" "I-don't know." r PORTLAND ELOPERS WED After Services at Vancouver, They Wire Home for fc'orglveness. VANCOUVER, B. C. May . (Special.) With a chauffeur as a witness, a run away couple from Portland, Or., were wedded at Christ Church, this city, this morning. The principals in the event, F. K. Wedlin and Miss Virginia Dare, started home this afternoon. A telegram asking parental forgiveness - was dis patched a few minutes after the cere mony was performed. The young people reached here on a morning boat from Seattle. They dis played great agitation, and anxiously in quired if any .inquiries had been made for them. Reassured, Mr. Wedlin, who is an athletic man of 24, asked for the marriage license office.. Half an hour later the prospective groom returned and summoned an automo. lie. The young people were whirled to Christ Church, where the ceremony was performed by Rev. Sovereign, the curate. The chauf feur and the sexton signed as witnesses. BURLESQUE ON T. R. WINS "Roosevelt Airship" Takes Prize in Xew York Auto Parade. NEW YORK, May 3. More than 100 autos paraded today in New York's an nual carnival parade. Prizes aggregat ing J2000 were distributed to the best decorated vehicles. More than 200.000 persons, as estimated, viewed the five mile line. The most notable decorative effect was In the class labelled "gro tesques," and was called the "Roosevelt airship." On the cowcatoher of the "airship" was a man dressed to represent the ex-President in rough rider costume, with field- glasses and elaborate hunting outfit, while elsewhere on the craft was ben stowed a number of "Ethiopians, press agents arid camp followers" in jungle attire. The machine took first prize in its class. LAST FEUDIST ACQUITTED John Abner Free and Breathitt County Cases End. JACKSON. Ky., May 3. John Abner, charged with the assassination of James Cockrill here during the Breathitt County feud regime, was acquitted today. This clears all dockets of the Breathitt feud cases, in which Judge James Hargls, Ed ward Callahan, B. Fulton French and several others were accused and which resulted in the deaths of Dr. D. B. Cox, James Cockrill and James B. Marcum. CHARGE IS WANTON CRIME Edward Slater Placed on Trial for Killing Marion Gilchrist. EDINBURGH. May 3. Edward Slater, alias Otto Sands, who was extradited from New York last February charged with the murder In Glasgow of Marion Gilchrist, was placed on trial today be fore Lord Guthrie. The killing of Miss Gilchrist, who was 32. apparently was wanton. The crime has aroused intense feeling north of the Tweed. Slater pleaded not guilty. PICTURE SHOWS GET BLOW Xew York May Prohibit Children Unattended From Admission. - ALBANY. N. Y.. May 3. After Sep tember 1 next, it will be a misdemeanor to admit to a moving picture performance or to any place of entertainment injuri ous to -health or morals any child under the age of 16 unless accompanied by pa rent or guardian. A bill embodying this prohibition was signed today by Gov ernor Hughes. Tells Senate Question Must Be Acted On. PUT IT UP TO SUPREME COURT Senator Says Roosevelt Poli cies Must Prevail. OR PARTY LOSE POWER Taft Favors Law Which Will Pass Muster in Court Piles Argues Against Reduction In Lumber Tariff. WASHINGTON. May 3.-An extended defense of the duty on lumber pro vided in the Dingley bill waa met in the Senate today by .Files of Washing ton. He -was followed by Borah, who discussed the income tax, not only de claring that it was just, but, in view of the divided opinion in the Supreme Court of the United States, insisted that it was the duty of Congress again to submit the question of the constitution ality of the tax to the court. Borah referred to ex-President Roosevelt as having shaped the desti nies of the Republican party and said that without his leadership "his party would have gone out of business." He added ' that "without continued ad herence to these principles the party will go out of power.", Roosevelt Policies Remain. "No one," he added,, "is politically so short-Bighted or politically so blind as the man who thinks the steamer Ham burg carried away the policies, the prin ciples, the public interest, the aroused public conscience and the searching pub lic .concern which this remarkable man bequeathed to his countrymen.' This statement was in connection with a discussion of Mr. Roosevelt's suggestion favoring a graduated " inheritance and graduated Income tax. Borah also quoted Mr. 'xaft's speech, in which he spoke in favor of the income tax. Taft for Income Tax. ' "Does the Senator believe,' Suther land asked, "that President Taft believed in the constitutionality of the income law in other words, that ha believed that the law pronounced unconstitutional by the Supreme Court was, in fact, con stitutional?" "I only know what he said to the Am erican people when he was a candidate for President," responded Borah, "that he favored an income tax which could be drawn to be made constitutional. - I am not willing to believe that the President believed in "drawing an Income tax law applicable to men toiling in professions and then exempting the vast accumulated wealth of this Nation." Referring to Mr. Carnegie's statement that an income tax would encourage perjury, Borah said: "Mr. Carnegie did not make the Re- (Concluded on Page Three.) PRIMARY : . : , 1 , !. - - t . ! Says Phillips and McPherson Broke Game Laws and Are Insult ing in Court. "WASHINGTON, May 3. Making; ser ious charges - against Federal Judges John F. Phillips and Smith McPherson, of the Western District of Missouri. Representative Murphy of that state, introduced a resolution today to inves tigate their conduct in the litigation, between the' state and railroad com panies over the maximum freight law and the Missouri two-cent passenger rale law. The Murphy resolution alleges the two Judges accompanied certain railroad of ficials on a fishing trip when members of the party were arrested for violating the game laws. The resolution charges that Judge Phillips neglects his duty by continued absence from the bench and that when he does preside the court is in session only four hours each day. Mr. Murphy desires the general conduct of .Judge Phillips investigated, Contend ing he insults lawyers in his court. If a jury brings In a verdict different from instructions, declares the resolution. Judge Phillips becomes insulting. The resolution states trie two judges rendered certain decisions which in ef fect usurped the executive powers of the Legislature. PULLED FROM DEEP WELL Teamster Saved Just as He Was About to Sink. To plunge' into a well and then be rescued at the moment he was about to give up . his struggle for life was the experience of Harry Bickford Sat urday at Kelso, on the Mount Hood road. 24 miles from Portland. Bick ford was hauling wood and as he was passing an old well under a shed in the premises of F. G. Jonsrud, he left his wagon to draw some water. As he was letting the bucket down, the wooden platform over the well gave way under his weight and he shot down Into the deep water. It was impossible to get out and only with difficulty could Bickford keep his head above water. After call ing for help for some time he was heard by John Xleinsmith, who hap pened to be passing, just in the nick of time. He pulled out Bickford. who was nearly exhausted when he reached the top of the well. ' WIRE GETS ANOTHER CUT Nails Drop $4 and Various Grades of Wire $4 to $6. TOUNGSTOWN, O., May 3. The Amer-. lean Steel & Wire Company announced cuts today of $4 on wire nails and $4 to $6 on various grades of wire. With the gradual reduction made heretofore, this means a reduction of 37 to $9 in these products. The large independent con cerns will follow suit. WESTON WALKS 68 MILES Pedestrian Makes Good Progress Through Missouri. GLASGOW, Mo., May 3. Edward Payson Weston passed through here at 6 o'clock tonight on his long walk to the Pacific Coast. He continued on to Slater, walking 68 miles during the day. CAMPAIGN UP TO DATE IN A Spies Watching Every Move of Rival. HILL-HARRIMAN STRUGGLE ON Clash ef Surveyors Expected Daily on Clearwater. WORKING NIGHT AND DAY Railroad Crews Send Out Pickets to Cover Movements In Mountain Fastness Missoula Cut-Off Scene of Titanic Struggle. KOOSKIA. Idaho, May 3. (Special.) Strenuous1 times are ahead of the rival surveyors engaged in playing a game of hide and seek in the Clearwater "Valley. If an armed conflict is averted it will surprise citizens of Kooskia. The North ern Pacific forces are working with fever ish energy. Oregon Railroad & Naviga tion men are none the less active. They are camped some distance apart, but pickets, spies and skirmish bands are In the field day and night, week-day and Sunday. Holman of the O. R. & N. led a crew clear through the Middle Fork over the Lolo Pass to Missoula two years ago and is familiar with the ground. Several eve nings last week engineers departed hur riedly from Kooskla early in the eve ning and were followed by some mem ber of the opposing forces. The O. R. & N. engineers are pushing on up the Lochsa with unfeigned haste, while the Northern Pacific engineers are working rapidly on a survey along the south bank of the Middle Pork. Whether the Hill forces have definitely decided to abandon the North Pork to the Harriman engineers is conjectural. The .only great advantage to the North Bank is said to be the fact that there is a good wagon road part of the way and a trail the balance, as far as the mouth of the ljochsa. If " the "two rival crews meet in conflict it will probably be at some point up the Lochsa. The Hill forces are using McDaniels mule pack train of 40 animals, while the Harriman engineers have employed William Perry, who. has almost 30' horses in service. Each party numbers -almost 40 men, and others . are constantly arriving. That construction work will begin in less than six months is freely predicted by Kooskia friends of camp followers, and the gossip of the employes tends to show that the war. has just begun. The Northern Pacific has to build less than 126 miles of road to connect the Clear water branch with the Missoula exten sion, while the Harriman road must build from Lewiston to Missoula, a distance of 200 miles. HABRIMAN FILES HIS PLAT Steals March on Hill In Route Up Clearwater Valley. LEW1STON, Idaho, May 3. (Special.) Harriman stole a march on his old enemy (Concluded on Page 4.) NUTSHELL Two Children Also Get Half Million Each of Miss Elizabeth Brig ham's Fortune. CHICAGO. May 3. (Special.) Mrs. Benard J. Cogan, wife of a Chicago sa loonkeeper. Is $1,000,000 richer in con sequence of the will of her aunt, Miss Elizabeth Brigham, of Boston, made public in that city today. Before her marriage, Mrs. Cogan was Miss Augusta S. Brigham. She was the favorite of her aged aunt. Mrs. Cogan'a son, Bernard B., aged six, and her daughter, Elizabeth J-. aged four a namesake of he wealthy great-aunt were also left a half a million dollars each. The Cogans are now in Boston, where they went to be near Mrs. Brig ham in her last illness. Miss Brigham, who was a sister of the late Robert B. Brigham. a wealthy Boston citizen, also bequeathed tl, 500,000 fo- the main tenance of the Robert B. Brigham hos pital for incurables, an institution founded and endowed by her brother. She was nearly 70 years old and re puted to be worth J25.000.000 to $30, .000,000. WESTON THUGS IDENTIFIED Believed to Be Same Men Who Cracked Safe at Lebanon. PENDLETON, Or.. May S. (Special.) It has been fully established that two of the men recently arrested by Sheriff Tay lor and Deputy Sheriff Wilson for the Weston safecracking and store-burning are J. A. Crossley and Eli Dunn, two of the three men who cracked the safe in the bank at Lebanon, February S, 1905, and who were recently released from the State Penitentiary, after serving five- year sentences for- that crime. They were arrested in Portland by Sheriff Word shortly after the Lebanon affair. The third man, James F. Kings ley, was never captured. Dunn and Cross- ley, together with Michael Burke, the young fellow who is implicated with them in the Weston job, were arraigned this afternoon before Justice of the Peace Parkes, and held to appear before the grand jury under $2000 bonds each, which means they will stay In jail. "PR0HIS" TEAR UP RENO Great Excitement Over "Reform's" Entry Into Politics. RENO, Nev., May 3. Reno is aH ex citement today over the municipal elec tion which will be held tomorrow. A bit ter fight is on between the saloonmen and gamblers on the . one hand and the Mu nicipal League on the other, the latter faction being more aptly called the anti gambling league. Indications are that Walter Harris, a banker and candidate of the Municipal League, will be elected Mayo, over A. M. Britt, who represents the .gambling interest. The Councilship fight will be divided on account of certain "indepen dents" being candidates. DYNAMITE IN P0ST0FFICE Twice Within Two Weeks Package Is Mailed at Butte. BUTTE, Mont., May-3. Twice within the last two weeks a package containing dynamite, wrapped, stamped and ad dressed to town in Nova Scotia, Can ada, has been dropped into the package chute of the local postofflce. The first incident happened nearly two weeks ago and the second last Saturday. The postoffice authorities, hoping to cap ture the guilty parties, have kept the matter a secret. No clew has yet been obtained, however. MADE INSANE BY SORROW Woman Attacks Man With Ax, Kills Son and Herself. STAFFORD SPRINGS, Conn., May 3. Driven Insane apparently by the sight of a memorial card, which she had or dered for her daughter, who died a month ago, Mrs. Bernard Rister beat C. F. Emory, of Boston, on the head with an ax today, inflicting serious wounds; shot and killed her young son, Bernard, and then fook her own life by sending a bullet through her heart. SLEEPING SICKNESS KILLS t St. Louis Man Inoculated With Germ Brought From Africa. ST. LOUIS, May 3. George J. Owens is dead at the City Hospital here of a malady diagnosed by physicians as the sleeping sickness. How the man con tracted the diseasse in St. Louis is not known. He said he had never been in the tropics, and the physicians can account for it only on the theory that he was bitten by some insect and in oculated with the germs. PUT LOBSTERS IN PACIFIC Carload From Nova Scotia Coast Starts Westward. HALIFAX, N. S., May 3. In further effort to establish the lobster industry on the Pacific Coast, a carload of live lobsters will be started from here to the other side of the continent. A number of lobsters were shipped in a similar manner about a year ago and are reported to be thriving in the Pacific ' Describes Conduct,of Claudia Hains. CAUSED CAPTAIN TO FROTH Says He Exclaimed "My God, What Am I Coming To?" ANNIS STAYED ALL NIGHT Girl Declares He and - Mrs. Hains Went on Trip "to Mountains" and Xobody Knew Where to ' Send for Woman if Xeeded. FLUSHING. N. Y.. May 3. The third weeks of the Hains trial opened here to day and some startling testimony re garding the relations of Claudia Hains with William E. Annts. who was killed by the woman's husband. Captain Peter C. Hains. was brought out. Emma Lavelle, a colored domestic em ployed in Captain Hains" home during 1907 and 1908. was called by the defense. She had met Captain Hains with his brother Thornton at Fort Hamilton In June, 1908, the witness said. "I told Thornton Hains that I saw Mr. Annis in Captain Hains' home with his arms around Mrs. Hains and kissing her." said the witness, "and when Mrs. Hains saw me she said: 'Emma, thla is my af finity.' " Annls Frequent Visitor. The witness testified that Annis made frequent visits to the Captain's home while the Captain was in the Philippines. She said: "The way, they carried on was some thing dreadful. They would stay up all night and act ridiculous." The witness told of a quarrel between Mrs. Hains and Annls during which Mrs. Hains said: "To with your wife. Am I not more to you than she is?" to -which.Annis replied, "Yea, in a way." The witness said while she was relating these things to Captain Hains the muscles of his face were drawn and he glared and said: Hains Froths at Tales. . "MjGod, . what am I coming to? This is enough to drive a man mad. I can't stand it." Referring to the trip which Mrs. Hains "took to the mountains" during her husband's absence in the Philip pines, the witness said: "If one of her children had died we would not .have known where to find the mother." In cross-examination, the witness said, although the Captain frothed at the mouth and cried out when she (Concluded on Pase Three.) INDEX OF TODAY'S NEWS The Weather. YESTERDAY'S Maximum temperature, 81 degrees;, minimum, 50 degrees. TODAY'S increasing cloudiness, followed by showers; cooler; southerly winds. Foreign. Direct evidence that Sultan plotted massa cre of foreigners. Page 6. Abdul Hamid's women leave palace In droves. Pag 6- NationaJ. Oscar S. Straus becomes A mbassador t a Turkey, W. W. Rock hill to Russia. Page 3. Investigation of alleged bad conduct of two Federal Judges of Missouri asked. Page 1. Supreme Court decides commodities clause case practically In favor of railroads. Page 2. Borah speaks in favor of Income tax; Piles for lumber tariff. Page 1. Domestic. Reception to Japs in San Francisco rivals welcome to Atlantic fleet in brilliance. P&ge 3. Chicago saloonman's wife and two children get $2,000,000 by aunt's will. Page 1. Conductors and brakemen on Southern Pa cific to work three days less month. Page 3. Domestic In Hains family tells of shameful conduct of Mrs. Hains with Annl. Page 1. Burglars caught in act of robbery at San Francisco and one wounded. Page 4. Boxton testifies in Calhoun trial. Page 2. Peace conference opens in Chicago. Page 4. Rebate decision against Santa Fe road re versed. Page 9. Unfavorable reports on wheat crop by Snow agency. Page 4. Van Vlissingen completes story of whole sale forgery. Page 1. Dwyer, Idaho land-grabber, granted new trial. Page 4. Pacific Northwest. Secretary of State Nichols will resign; spec ulatioh as to successor. Page 1. Klamath Falls invites Portland to attend opening of railroad, June 7. Page 8. Washington suffragettes in row over as sociation officers. Page S- . Eloping bride-to-be Jilted at altar. Page 4. Sport. San Francisco team opens week's series here today. Page 6. Batting averages of Pacific Coast League p layers. Page 6. Coast League score (postponed game) : Lot Angeles 3, Vernon 1. Page G. Wintergreen wins Kentucky derby on heavy track. Page 6. Northwestern League scores: Portland 8, Vancouver 1; Tacoma 3. Spokane 2; Se attle , Aberdeen 2. Pago 7. Commercial and Marine. Potato market reaches 2 mark. Page 3 9. Chicago wheat market nervous. Page 1. Violent fluctuations in Reading follow test case decision. Page 19. Steamboat men complain of obstruction! at mouth of Willamette. Page 18. Portland and Vicinity. Judge Bronauffh direct Auditor Bartur to show cause why municipal lighting petition should not be placed on ballot- Page 14- Robert S. Bean sworn in as new United States District Judge. Page 14. Action taken to assure success of ehlldren'r parade in Rose Festival. Page Big crowds attend opening performances of circus. Page 13. 104.0 J