jBBlitw Jill VOL. XLIX XO. 15,114. PORTLAND, OREGON, FRIDAY, MAY 7, 1909. PRICE FIVE CENTS. HAIL OF GOLD MOVED FROM DEFIANCE HURLED AT CLEMENGEAU SEVEN ARE KILLED IN GAMBLING ROW E TO EVELYN THAW MAY PICK IMMIGRANTS, COAST TO DENVER LANGUISH IN JAIL - SNAPS; FEDERAL JUDGES SAYS ROOSEVELT 300 FALL MEXICAN RIFLEMAN PILES UP CORPSES AROUND HIM. ARREST ORDERED FOR FAIL 50,000,000 TAKEN FROM OVER CROWDED VAULTS. URE TO PAY FIXE OF $250. BALCONY MOV IMPEACH People Plugge 15 Feet to Cement Floor. ACCIDENT IN SEATTLE ARMORY Spectators at Marathon Race Thrown Into Panic. . FEW OF INJURED MAY DIE leaning Over Railing to Catch Glimpse of Finish of Exciting Itaop, Scores of People Are Hurled Into Heap. E-EATTLB, "Wash., May . (Special.) In full view of the throng witnessing the great indoor meet of the Seattle Athletic Club at the new Armory to night, at the close of the Marathon race, the balcony rail gave way and preci tated fully 300 persons to the floor be neath. At least 60 are seriously Injured, and some may die. Instantly the throng became panic stricken with horror at the sight, but soon collected itself and began the work of assisting those who lay crushed and bleeding on the floor. Ambulances and physicians were quickly summoned, and those who could be removed were Bent to hospitals. The accident occurred at the close of the Marathon race with the contestant neck and neck at the finish line, which was directly beneath the balcony. It was to see the finish of this event that the crowd leaned over the balcony when the rail broke, precipitating 300 people to the cement floor 15 feet below. Those Seriously Injured. Among those seriously injured are: E. Crable. head cut open. James D. Davidson, both arms broken. Atrs. O. F. Sprlggs, hurt across.. .Chest, may prove iatai. Cecil Thornton, Internal hemorrhage. may prove fatal. Captain Maurice Thompson, Assistant Adjutant-General, Washington National Guard, back injured, taken to Provi dence Hospital. Mrs. Thompson, Captain Thompson's w-ife, back injured. James X. v llklns, wrist broken, neck injured, head cut. Ilst of Injured. The complete list of those injured in the crash is as follows: Ballard. II.. 4263 Wlnslow Place. Bergstrom. G-, 31st and Madison. Conkltng.'E. U. 2307 E. Cherry. Conkllng. Edward J., 107 Taylor. Crablee. E. E., no address. Curtis, c. P., of Dean & Curtis. Donaldson. James. 4254 7th, N. E. Doyle. John. Sherman Hotel. Davidson, J. D-, 704 W. Comstock. Duhamel. w., 2706 Harvard North. Grace, Jack, 4530 14th N. E. Grace, Clara, U. of W. Green. R. L. U. of W. Grimm. W. O.. V. of W. Green, V. W., 625 14th. Grace. C. W., no address. Howard, 42G3 Motor Place. Hlbler. Ross, E. 510 Olympic Place. Hibler. Ross, Jr., same. Hlbler, Miss Jessie, same. Hibler, Eddie, same. Hlbler, Lionel, same. Hlbler, Kenneth, same. Hatfield, Cecil. 207 Maynard. Hatfield, Floyd, same. Hatfield, K., same. Havers. Gus, 408 Bell. Hughes, Glen, Chemical Company No. 2, Seattle Fire Department. Gerald, Robbie, Thirty-first and Mercer, Jackson, F. I-, no address. Jerrels, Harold, 130 Thirty-fourth ave nue. Krause, Herbert, Bybee Hotel. I.Ibby, Marshall, 903 Twenty-second avenue. Lwis. Marlon, Youngstown. tilts, no address. McL.eod. J. C. 4366 Seventh North. Murray. John. 2916 East Cherry. t Nash, Mrs. Percy C, 1107 Pike street. Nash. Percy C, same. Paddock. William, 2026 Boren avenue. Farkhouse, Ray, 109 Sixth West. Richards, Elmer, Kastlake avenue. Rutherford. Dr. C. A., 212S Queen Anne. Riddoch. W.. 2026 Boren. Swanson, Ole. no address. Strathan. Harry, 1211 Seventh North. Stewart. Nathaniel, no address. Schye. Charles E., 1114 Fourth. Simondson, De Mot, no address. Stuyvesant. V. L... no address. Slmonson. T. M., Brighton Beach. Sullivan, C. A., 612S Twelfth. Sparks. C. L, Sigma Nu Fraternity.! Sprlggs. Mrs. O. I. 1718 MJnor avenue. Thompson, Major Maurice, 3119 Day. Thompson. Mrs. Maurice, same. Thornton, Cecil, Woodland Parke ave nue. Wilson, Earl. Fifth and Mercer. Wtlklns, J., Ninth and Plummer. Wilson, J. A., 2C0tVj Third avenue. Williams. A. E.. V. of W. Iron Railing Gives Way. - The accident was due to the collapse " of the Iron railing at the end of the balcony. The hollow iron railing was on the outside instead of the inside of the iron rods that support the balcony. When the railing gave way more than S00 of the spectators on that side of the (Concluded, on Pace T.) San Francisco Is Seaport City and More Exposed, Is Another . .'. Reason Given. SAN FRANCISCO, May 6. Owing to the overcrowded condition of the vaults of the United States Mint here, and for the further reason that this- is a seaport, and therefore a more exposed place at which to store the Government's wealth than an Interior town, the Government has Just completed the transfer of $50, 000,000 in newly minted gold and silver to the vaults of the Denver mint. The treasure was handled in transit by the Wells-Fargo Express Company, and guarded Ly messengers sworn in as Deputy United States Marshals. The transfer iras made in several shipments which went East during last month. The last previous shipment of coin to Denver was made in August, 1908, and reached the enormous total of $210,000, 000. Many millions still remain in the aults of the San Francisco Mint, but will not be moved, as a large sum is necessary for the transaction of business on the Coast. CABINET OPPOSES CZAR Is Unit for NaTal Bill and Nicholas Is Considering. ST. PETERSBURG. May -6. The out come of the Russian ministerial crisis is now entirely dependent upon the Emperor, as Premier StolyRin's exhaustive report, based on the cabinet meeting of May 4, and submitted to the Emperor today left no doubt in the latter's mind that the cabinet was a unit in favor of sanction ing the naval bill. The Premier had a long audience with the Emperor at Tsarskoe-Selo. The ne cessity of the retirement of- the cabinet, case of an adverse decision was deli cately implied, and the Emperor an nounced he would consider the matter. The issue has nothing to do with a bigger navy; it is as to whether Parlia ment, which admittedly possesses the right to vote appropriations for the army and navy, should have the power to at tach a clause declaring that a naval staff had been established. TUNNEL UNDER BANK FOUND Extensive Plan for Robbery Discov ered In San Francisco. .. SAN FRANCISCO, May 6. The discov ery of what appeared to be the starting of an underground passageway beneath the flooring of a vacant store adjoining the building occupied by the Swiss-Amer ican Bank, led to the circulation today of -a report that robbers had planned to tunnel under the bank vault, blow It open and secure the $250,000 cash reserve kept there. Further investigation showed a narrow opening had been cut in the flooring of the store and about two feet of tunnel du, but the police don't believe an as- suit on the bank vault was planned. The tunnel would have had to be ex tended more tnan au leet and pass through a brick wall to reach the vault. It Is supposed the burglars planned to break into a Jewelry store near by. QUAKE CANNOT STOP RENT "Unforeseen Events" Do Not Entitle Lessee to Money Back. SAN FRANCISCO. May 6.- Character izing the earthquake and fire of 1906 as 'unforeseen events, not blamable to. either party, the District Court of Appeals, in a decision handed down to day, holds that tenants paying their rent in advance, prior to the disaster, have no grounds for action to recover that rental because the premises were destroyed.- The decision was rendered in revers ing the case of Harvey & Deroux against Weisbaum Bros., the trial court having ordered the defendants to return the sum paid by the plaintiffs as rent in advance, just before the great Are. The Appellate Court held that the law had no right to aid a lessee who' had not protected himself in the wording of his lease. FIRE STARTED IN REVENGE Liquor Interests Accused of Incen diary Nebraska Blaze. NORFOLK, Neb., May 6. Ftre start ed by an incendiary early today threatened to destroy the town Plainview, near here, and it was neces sary to call upon surrounding town for aid. A gale carried the flames over the entire town. Men and women fought the fire for nearly five hours and In the excitement many of the fire-fighters fainted. The Methodist Church, the floor whioh had been saturated with gaso line, the parsonage and a number of dwellings were burned. The town re cently went "dry" and enemies of th Prohibitionists are accused of havin started the blaze. HOUSES FOR HOMELESS American Officer Hands Over 400"to Messina Sufferers. MESSINA, Sicily, May 6. Lieutenant Commander R. R. Belknap, the American Naval Attache at Rome, has turned 'over to the prefect 400 American wooden houses to be used to shelter sufferers from the earthquake of last December. The at tache expects that 2300 houses will be completed by June 1. French Civil Servants Organize Union. SPRING SURPRISE ON PREMIER Strike of Postal, Telegraph and Phone Employes Near. REVOLUTION IS FEARED Government Employes Unite With Body Which Makes War on Cap italists Days of Turmoil Threatening France. PARIS, May 6 The famous P. T. T. that is, the Posts, Telegraphs & Tele phone Employes Association threw down the gage of battle to the gov ernment today by transforming Itself into a syndicate or union under the law f 1884. This places the association on the same footing with workmen's unions with the right to strike. This defiance, which is nothing short of open revolt, came as a sudden and sensational sequel to Premier Clemen ceau's failure today to receive a depu tation of postal employes, who called to demand the redemption promises they say the government made when the recent strike was declared off. Employes Spring Surprise. The Premier was ill, but the delegation pretended to believe his indisposition was simulated. Its failure to be received, however, served as a pretext for spring ing the surprise and an hour later the transformation of the association into national syndicate was announced and the statutes of the organization were of ficially filed in the City Hall. It was what the French call a coup de theater, but if it proves successful, it would be more like a coup d'etat, as its parnosie 1s to make the emolovcs the mas- ters ana not ine servants oi tne state. Follows Union Methods. The rules of the. organization follow strictly in form those of the workmen's organization., They declare . the purpose to be for economic interests and to give more material support to members hav ing differences with the administration. A commission is created following the lines of trades unions, to act as inter mediaries in such differences, and mem bers are forbidden, under penalty of los ing their membership, to present Issues personally to the administration. "Destroy Capitalists," Is Cry. The most serious aspect of the situa tion is the fact that the leaders are un doubtedly hand in glove with the moving spirits of the . General Federation of Labor, which is now universally rec ognized as a revolutionary organization and which has for a long time been pre- (Concluded on Page 7.) in - cn one of these would i select to age a large business; which one could .best meet its needs as it rapidly grew larger and more complex: si"0" American Returns to Find Him With Six Dead Shoots One and Is Wounded. VERA CRUZ, Mex., May 6. Reports reaching here say . that all passenger trains passing the station at San Berne, on the Vera Cruz & Pacific Railroad, are running through that town with windows and blinds closed and with doors locked, as the result of a shooting affray at San Berne between a gang of rubber thieves and 'Harold Sanborne, an American, for merly of Chicago and a son of the owner of the San Berne ranch. Seven were killed. Reports are that Sanborne is now in the hospital at Roncon Antonio, under arrest. It is understood that his condition is serious. Accounts of the fight recite that the rubber thieves had sold their rubber to the owner of the San Berne ranch and spent their time in gambling away their money. Harold Sanborne was sitting In the game. A dispute arose and one of the thieves sprang to his feet and opened fire with a magazine rifle. Sanborne made his way home and returned with a gun. The rifleman had killed five men all of whom were brothers, and wounded a woman, their sister. The rifleman and his companion opened fire when the American approached. San borne, replying, killed one of the two. The rifleman wounded Sanborne, gathered all rifles and ammunition he could find, took the best horses and rode off. WHEN KILLING IS ALLOWED Florida Man and Woman Discharged Who Enforce Unwritten Iiaw. JACKSONVILLE, Fla., May 6 Two sensational killing episodes were ended here today, when the grand Jury or dered the release of Miss Jessie Brown and R. A. Humphreys. Miss Brown shot and killed Earl P. Adams after the announcement of Adams' engagement to another young woman. Humphreys shot and killed both his 16-year-old wife an-" Thomas McManus, when he found the two to gether in his home. AVIATOR FALLS TO EARTH Wright's Machine Badly Damaged and Italian Pilot Injured. ROME, May 6. Lieutenant Calderara, of the Italian navy, was injured here today while flying In a Wright aero plane. While making a sharp turn, the machine fell to the ground and the aviator was picked up unconscious. He was revived and moved to a hoa pital. The ship was damaged. THREE DROWNED IN RIVER Wealthy Memphis Man With Wife's Sister and Child Go Down. MEMPHIS, May 6. William F. Eber hard, a wealthy plantation owner and Memphis merchant, his sister-in-law, Mrs. B. F. Chiles, and her daughter, Vir ginia Chiles, were drowned while cross ing the Mississippi River near Pecon Point, Ark., last night in a small boat. ASK YOURSELF. men TnarH and complex Mm m - Pi 'mm JHc s Murphy Tells Purpose to Demand Trial. M'PHERSON IS UNDAUNTED Continues Injunction Which Angers Missourian. STATE RIGHTS INVOLVED Conflict About Missouri Rate Laws Rages in Congress While Mc Pherson Stands Pat and Phillips Courts Trial. WASHINGTON, May 6. The war be tween the Federal Court and the State of Missouri in regard to the state rail road rate law is to culminate in the mak ing of formal charges of impeachment before the House by Murphy of Missouri, against Judges Smith, McPherson and John J. Phillips. This climax came on the very day that Judge McPherson, at Kan sas City, continued the injunction by which Judge Phillips had incurred the wrath of the state. The Missouri Legislature, at its session last year, had no sooner passed the 2 cent passenger fare law and the max! mum freight rate law than the railroads sought an injunction from Judge Mc Pherson on the ground that the rates were confiscatory. The court insisted that the laws should be put to the test of actual enforcement for a reasonable time before he would render a final decision Accordingly they were enforced for sev eral months, after which a prolonged hearing was given. Judge McPherson then issued a permanent injunction against the enforcement of the laws, on the ground that they were confiscatory. Appeal to State Court. The railroads then restored the 3-cent passenger rate and the former freight rates. The state, through Siebert Jones, Circuit Attorney of St. Louis, then ap plied to the State Circuit Court for an in junction against the application of the 3-eent rate. The railroads then applied to the Federal Court for an injunction against the prosecution of this suit and Judge Phillips, in the temporary absence of Judge McPherson, issued a temporary restraining order. This was followed by the presentation of Murphy's resolution in the House last Monday, ordering an investigation of the conduct of the two-Federal Judges. He charged them with having gone on a fish ing trip with railroad attorneys and with violating the. Kansas game law; with in fringing on the authority of the Missouri Legislature; and he charged Judge Phillips with Insulting lawyers when juries did not bring in verdicts according to instructions. Murphy brought the matter up again (Concluded on Page 5. ) i Iid Xot Appear When Milliner Ob tained Judgment of $2 5 3 and Close Confinement Is renalty. NEW YORK, May 6. Evelyn Nesbit Thaw, who gained much notoriety when her husband, Harry K. Thaw, shot and killed Stanford White, may herself soon have to go to jail. An order directing- the Sheriff to arrest her -for contempt of court. In failing to pay a fine of 9250 imposed last week, was sigmed in the City Court late today, fol lowing an announcement that the appel late division had refused to stay the proceedings. The order will be endorsed as soon as the Sheriff's office opens to morrow and a detective will be sent to escort Mrs. Thaw to the Ludlow street Jail. The order decrees that she shall be kept in close confinement until the settlement of her account. The fine was imposed upon Mrs. Thaw for her failure to appear in supplement ary proceedings on a judgment of $253 obtained against her by Elsie Hartwig, a milliner. RATE WAR IS EXPECTED O. R. & 7i. to Use Motor Cars in Op position to Trolley Lines. WALLA WALLA, Wash.. May 6. (Special.)- To forestall ' any competi tiom which might arise in the event of an early completion of some of the proposed electric roads to be construct ed in this valley and to compete on an equal basis with the company now op erating lines between this city and Milton it was announced today that the O. R. & N. Railroad will, within the next 60 days, put on two more cars, one to run from here to Milton, and the 'other on the Dayton branch of the Harriman system. The move on the part of the railroad officials . to furnish direct and quick service to its patrons is regarded with significance in this locality, as it is rumored that a rate war will be in augurated as soon as the gasoline cars arrive. MACK ISSUES MAGAZINE Contributors to Democratic Monthly ' Include Chamberlain. BUFFALO, X. y.. May 6. Chairman Norman Si Mack." of the Democratic Na tional Committee, issued the first number of his magazine, the National Monthly, today. The first copies from the press were mailed with Mr. Mack's compli ments to Mrs. Grover Cleveland,, Mrs. William J. Bryan and Mrs. Alton B. Parker of Esopus. Among the contributors are Representa tive Champ Clark, Governor Marshall of Indiana, ex-Senator Patterson of Colo rado, Alton B. Parker of New York, Rep resentative J. T. Lloyd, Governor Har mon of Ohio, Senator-elect John S'.iarp Williams of Mississippi, and Senator Chamberlain of Oregon. , SUES FOR BIG COMMISSION Reader Says Haggin Agreed to Pay $250,000 on Mine. NEJW YORK, May 6. Trial of the suit of A. B. Reader, husband of Ella Rawls Reader, to recover $230,000 from James B. Haggin, the millionaire horseman and mine-owner, alleged to be due as com mission on the purchase by Mr. Haggin of the famous Oerro de Pasco copper mines in Peru, was begun today in the Supreme Court, . Reader's suit is based upon a supposed, verbal contract, whereby he was to have received 10 per cent of what ever amount was paid by Haggin for the lands. The property, which Reader de clares can be made to yield $100,000,000, was finally acquired by Haggin for $3, 500,000. WESTON ENDS 1320 MILES Out 53 Days and Makes Average of 28 lna Miles Daily. KANSAS CITY, Mo., May 6. Edward Payson Weston, the pedestrian, still ahead of his schedule, and strong, arrived in Kansas City this afternoon. This com pletes 1330 miles of Weston's trip. Having started from New York March 15. he has now been out S3 days. Sub tracting the seven Sundays when he has rested, he has put in 46 days at his task His record to date shows an average of 28 miles a day. HINDU ANARCHISTS TO DIE Two Get Extreme Sentence, Others Sent to Prison. CALCUTTA. May 6. Sentences were handed down in the court of Alipur in the cases of the 35 natives who were arrested here last Summer, charged with complic ity in the anarchist outbreaks of May, 1908. Two were condemned to death, ten to transportation for life, three to the penitentiary for ten years and three to the penitentiary for seven years, while 17 -were acquitted. STEWART DIED PENNILESS Nevada Senator Had Only $1500 and $25,000 Debts. WASHINGTON", May 6. The will of ex United States Senator "William M. Stew art of Nevada, was filed for probate to day. It discloses that he owned no real estate and his personal property did not exceed J1600 in. value. This amount is devised to his widow. Mr. Stewart's debts are said to aggregate $25,000. Must Protect Ourselves Against Nations. WRITES ABOUT JAP QUESTION Pays Brown Men Tribute for Good Qualities. NATIONAL LAWS NEEDED State and Municipal Governments, He Says, Do Harm When They Pass Irritating Bills Strong Navy Needed for Protection. NEW YORK, May 6. Ex-President Roosevelt declares in an article In this week's Outlook that it is the duty of America to wait and see whether or not Japan succeeds in preventing the immi gration to this country of an appreciable number of Japanese of the laboring and small trading classes. If Japan fails, he writes, this Government must protect it self by treaty or legislation. Americans have the right to say what immigrants shall come to their shores says the ex-President. The professional peace advoete, he continues, who opposes the upbuilding of the Navy, would place the United States where it would be at the mercy of any nation which wished to disregard Its desires. America would fight. he says, whether prepared or not. Great Praise for Japanese. Mr. Roosevelt is unsparing in his praise of the Japanese. He characterizes them as "a highly civilized people of extraordi nary military, artistic and industrial de velopments. They are proud, war-like and sensitive," he adds and continues: 'But admiration and respect are ac companied by the firm conviction that it is not for the advantage of their people thai emigrants should settle en masse in the other ' country." In his article he says only the National. Government can carry out such a policy effectively, adding: "The surest way to do harm is for state, municipal or local governments to pass laws which would be ineffective to obtain the real object and yet would produce intense irritation. Insist on What Is Due. "There are certain elementary principles all of which should be kept steadily in view if a nation wishes to act justly, both by itself and by others. It must insist upon what is. necessary for its own healthy life, and this, even at the cost of a possible clash; but this In sistence on what is due to itself, should always be accompanied by all possible (Concluded on Page 7.) INDEX OF TODAY'S NEWS The Weather. TESTERDAT'S Maximum temperature. 00 degrees; minimum, 4J degrees. TODAY'S Fair and warmer; northwest winds. Foreign. Dead in Adana masacr estimated at 23,000.- Page 6. French postal, telegraph and telephone em ployes defy government, and strike lv near. Page 1. Domestic. Roosevelt declares country hu right to pick immigrants. Page 1. Commercial and civic bodies of San Fran cisco give brilliant dinner to IJlchi. Page fi. Evelyn Thaw, ordered arrested for contempt in not pay Ins $-50 fine. Page 1. Alienist says Captain Halns was "impulsive ly ineane" when he shot Annis. Page 6. Nobody seems to know just where "Wheat King" Patten really Is. Page tt. Broken California levee floods 14,000 acres; damage S250.0UO. Page 4. Government moves S50, 000,000 in coin from San Francisco to Denver. Page 1. Mrs. Boyle aids in selecting Jurors to try' her; James Boyle convicted. Page 7. Rapid progress with Calhoun trial; argument may begin this week. Page T. Count von Bernstorff describe German laws to care for workmen. Page 4. Child kidnaped from mother's arms by family friend, wno raised it. Page 4. Captain Franklin, Cnited States Army, to be court-martialed lor stealing several hundred thousand dollars. Page 9. National. 6hackIeford, of Tacoma, likely to be ap pointed Federal Judge. Page 5. . Impeachment resolution to be introduced in . House agairuft Judges McPherson and Phil lips; McPherson continue injunction. Page 1. Newlands proposes coalition of Democrats and progressive Kepublicans in Senate on tar- in; revision. mKe Sports. Coast League scores: Portland 6, San Fran cisco S; Vernon '2, Oakland 0; Los Ange les 7. Sacramento 0. Page li!. North western League scores: Portland 4, Vancouver 2; Aberdeei 3, BeatUe 1; Tacoma 5. Spoltane 2. Page 12. Forrest Smithson breaks worm s record for low hurdles. Page 13. Sellwood and Montavilla tied for first place in Grammar School League. Page 12. Commercial ausd Marine. Present month -will close wheat season In Northwest. Page 21. Wheat advances at Chicago on Kansas crop news. Page '21. Pacific Northwest. Balcony rail breaks In Seattle Armory; lOO drop, 5 hurt. Page 1. Ortis Hamilton at hotel In custody of Sher iff, waiting for bail money. Page 9. Harriman line into Butte is projected. Page 8. Harriman interests and Twin City trolley line arrange truce at Chehalis. Page 8. Portland and Vicinity. Rushlight Is playing double game for re form and saloon support. Page 16. Japanese officers will be elaborately enter tained while visiting Portland. Page 14. Nearly ail berths are reserved for Wash ington excursion of lortland business ' men. Page 20. Most listless primary campaign in history closes with primary tomorrow. Page 15. Street committee decides patent pavements must be protected. Page 3 4. Large crowds are present the second day of Portland Kennel Club show. Pag 13. GT1 1 06.0