t VP,.. V,.,V-NO. ' 1 1 1 ' ' nOW" 3. 1000. 1 PRICE FIVE CENTS. i .'.. lunrriP rnnTiiwr m numnrno n r n I R n r FRIEND RESENTS CACHE OF GOLD IS Piiiininu riRinrnn INVOLVE big ivilin eg cn umLNK Virtoruni,jnL hH Ml k SGHIVELY LOSES By SENATE VOTE SoIonsFind None to Be Excused. kmLu anr ibLnu qavf pfrshh uhlhu ululihu. rebuild bus nlss u"" :r"r FOUND UNDER BED SUICIDE BLACKSMITH - HAD OVER $3000 HIDDEX. DRAW OUT PRIZES SEVERAL MEN TO BI SWEPT WALL STREET HEARS S. G. LOVE AWAY BV HEINZ E SWINDLE. WILL RESUME OPERATIONS. . IIIIIIW Ill I. U II U I I I II 1 UrLI. UllUr lUUttl V CHALLENGES ALL FALL FLAT Vote on 19 Rollcalls Ranges From 1 1 Negatives to None. BOOTH TO SIT IN COURT Periston In His Favor Considered Significant Defendant's Coun sel Argues at Length Senate Decides Xo Night Sessions. OtYMFIA. "Wash.. Aug. li (Staff Cor respondence.) The challenges of J. H. Bchlvely to the qualifications of 16 mem bers of the Senate to sit as Judges In the Impeachment court now trying him for high crimes, misdemeanors and malfeas ance as Insurance Commissioner, were riled In the Senate today. There were IS rolls called on these challenges, one eacn Jnr 13 Senators and two each for Senators Allen. Flshback and Paulhamus, against whom challenges on two separate grounds were made. On the question of seating the Senators, the roll calls ranged from 11 negatives to none at all, the greatest number showing opposition to the retention of Senator Allen, who Is chairman of the Investigat ing committee which preferred written charges against Schlvely to the Governor and recommended his removal by Im peachment or abolishment of the office. Loses on Every Hand. In addition to these roll calls, another was taken on the qualifications of Sena tor Booth, of King, who this morning asked to be excused from sitting because lie had already made up his own mind that Schlvely should be removed from office. With his own vote Booth re ceived only six In behalf of his request. ' Not only did the day's proceedings go against Schlvely In these particulars, but also In the matter of his demurrer to article 25 of the impeachment charges, which Is based on the perjury Indictment against the Insurance Commissioner now pending In the Superior Court of Spokane County, this demurrer was overruled by Senator Presby presiding, after both sides had argued at some length on the Issue, and there was no appeal from the de cision of the chair. Article 38 Is considered the most Impor tant of any of the S articles In the im peachment charges. The perjury charges alleged to have been committed by Schlve ly occurred In his testimony before the Spokane grand Jury last March In the Pacific Livestock Association probe. This article is not opened to the objec tion by the defense that the statute of limitations has run against It, or that the crime charged was committed while fk-hlvely was a deputy and not a state efficer. Attempts will be made to invoke the statute of limitations against all but about a half dosen articles, while every article, with fhe exception of numbers 25 and 36. deal with the conduct of Schlvely as a deputy. Article 36 charges him only with neglect of duties since taking office as Insurance Commissioner. January 13. Vote on Booth Significant. The vote on the request of Senator Sooth that he be excused Is taken gen erally as the most- Indicative of any ex pression given today of the present eentlment of the members of the Sen ate toward the accused Insurance Commissioner. In connection therewith, today, for the first time, attention was called fo a comma In the constitutional provision relating to Impeachment, that may have an important bearing on the final result. Booth's written request that he be ex cused wss followed by a motion by Falconer, seconded by Bryan, that It be the sense of the Senate that Booth should resign as a member of the Senate. At Presby's suggestion, however. Falconer withdrew the motion until Booth could be heard, and it was after considerable argu ment as to procedure that a vote was Anally taken, denying Booth the right te retire from the court of Impeachment Comma Raises Fine Point. Booth then asked for a half hour In which to consider his further action. On his return to the Senate chamber he an nounced his readiness to take the oath as a member of the court of Impeach ment, he not having been present during previous proceedings. Booth then called attention to the comma In the constitu tion. The constitution provides that a state officer may be impeached "for high crimes and misdemeanors, or malfeasance In office." "I have compared the printed copy of the constitution with the original in the office of the Secretary of State." said Booth, "and have ascertained that the comma after the word misdemeanors ap pears In the original, i am now con vinced that this Senate can Impeach Schlvely for offenses committed when he was not a state officer. If the comma were absent we could Impeach only for crimes or misdemeanors committed In office. Under the circumstances I am prepared to take the oath." Those who had voted to excuse Booth were Booth HuxtaMe. Presby, Smith, Williams and Ruth. It was the middle of the afternoon be- Earned Sum Since 183, When He Lost $2000 In Belllngham Bank Failure. HTLLSBORO. Or.. Aug. 12. (Special.) Members of the Coroner's Jury that In vestigated the death of Jacob Schaerer, the Bethany blacksmith who committed suicide yesterday after having been ar rested on an assault charge, found a cache of 136(H) in gold under the bed In the dead man's house. The money, which was packed In cans that showed signs of having been recently dug from the ground, was in coins of $30, $10 and $5 denomination. It wa brought to Hills boro this morning and deposited with the County Treasurer. The money was found by Jurors who were looking over the house last night after the Coroner and Sheriff had de parted. With the money were found pa pers snd memoranda that showed he had lost all his savings, amounting to $2000, In a bank failure In Belllngham. Wash., In 1893. and that the cash in the cache, as well as $236.48 found in his shop, had been earned and saved since that time and hoarded In cans, as he was distrust ful of banks. No will was found In the dead man's effects. . Schaerer was 47 years .old. and had no relatives In this section. His father is dead, and his mother Is believed to be living In Bwitxerland. He had a brother In this country, but he was drowned In the Heppner flood. The blacksmith has been in Oregon seven years, working at Scholls before coming to this locality. Be sides the money found. Schaerer owned 10 acres of land. DIVORCEES MARRY AGAIN Meet by Chance After Two Years, and Wed at Once. LOS ANGELES. Aug. 12.-(9pecial.) William D. Garland, a .wealthy mining operator, and wife, who were married in Newfoundland 12 years ago and sep arated two years ago, met by chance itTMt bere today and were promptly reconciled and remarried. When they separated Garland went to the Great Northwest and his wife to Arizona. Gar. lonrt aecured an Interlocutory decree or. a i in th utate of Washington. Mrs. Garland was granted a similar document In Arizona. n.-iand a short time after, aeruea here. Mrs. Garland came from Arizona to see Los Angeles, never giving ner former husband a thougnt. By a strange play of fate the divorced husband and the divorced wife met on the street to day. "Hello. Will," aald she. "Hello, Amy," said he. "How have you been?" "Fine," he answered. The same." "T got-a divorce In Washington." "I got one In Arizona." "THd yooT" "Well, let s get a marriage licenser' "All right; Just as you say." NEW ANTIDOTE FOR POISON X-Rays Tsed to Revive Man Drugged With Laudanum. criTTTn Tvh Anr. 12 (Special.) Electricity hae come to the bat as an antidote for laudanum poisoning. William wnuj.ir fir-ntch aeaman. was picked up unconscious In the streets last night. At the City Hospital It was rouna in" v.. . ufTArins- from laudanum poison ing, but black coffee and drugs forced Into hia stomach failed to revive ins pa tient. irinoth. t-r, TC-rav was suggested, and wuvt .Ait, r.r. ithot into McGregor's body. In an Instant McGregor came to his senses. With a cry mat. mgmeneo. the nurses, he Jumped from his bed, Jerked loose from the doctor and the ,,-..,, and ran like a madman through the ward and into the hall, where for a minute or two he danced a real rugniana fling, yelllnss ana cursing an m Time. Two men sat on him to hold him until he became quiet. OFFICIAL NEARLY DROWNS Caught by Rush of Sewer Water, Vancouver Men Are Endangered. VANCOUVER. Wash., Aug. 13. (Spe cial.) Al Bateman. Street Commissioner, and his assistant, Tim O'Nell, had a nar row escape today from drowning In an excavation beside a sewer which they were repairing a hole had been cut in the sewer to enable the men to remove an obstruction. and a sudden flow of watr rushing through the ten-foot pipe poured out Into the trench, where the men were, and soon whelmed them to their shoulders. With the water rapidly rising higher and higher, the men shouted for aid, and were rescued just as the dirty water was covering their necks. TROLLEY RUNS OFF BRIDGE Fifteen People More or Less Injured In Vancouver, B. C, Wreck. VANCOUVER. B. C Aug. 12. Several people were hurt, three seriously, when a North Vancouver streetcar got beyond control and dashed down the steep grade of Lonsdale avenue this afternoon. Jump ing off a seven fo"ot trestle and Into sev eral feet of water. Fifteen people, mostly women and children, were on the car. The seriously Injured: Motorman Kelley. Injured about the head; may die. Mrs. Arnold E. Kelley, badly cut about head and face. Mrs. A. Mulvey. Choice Flathead Land Given Away. INDIANA MAN IS NUMBER I Little Miss Ddlan Selects . Names of 2000 of Lucky. . 4000 MORE TO BE DRAWN Cheering Greets Announcement of First Winner Woman Mixes Fig ures as to Size and Weight, but Luck Holds Good. SPOKANE, Aug. 12. Two thousand names were drawn today for the Flathead Indian Rerervatlonf and Joseph Furay. of Warsaw, Ind., was the winner of the lucky No. 1. A crowd of 600 persons assembled to hear the names of the win ners this morning, and throughout the day there was about the same number around the drawing stand, many coming and going. The weather was cool and the sky over cast at the beginning, but It soon be came extremely hot. Cheers Greet Winner. Judge Witten, superintendent of the opening, made a brief address at the out set, explanatory of the method to be pur sued In the drawing of names, his speech being practically a duplicate of that at the opening of "the Coeur d'Alene draw ing on Monday last. The 81,863 applications, each In a buff envelope, had been dumped upon the plat form, and Judge Witten announced that 2000 would be drawn today, 2000 to 2500 tomorrow and the remainder of the 6000 on Saturday. The first envelope was picked up by little Miss Donlan at 10:30, and the an nouncement of the name of the winner was greeted with a cheer. Woman's Oath Peculiar. Thereafter the drawing became per functory. A striking oath was found in the application of Miranda Dickey of Pull man. Wash., who received an excellent claim, and who swore she was 53 years old. weighed Just 20 pounds and put Goliath to shame by measuring 63 feet 126 Inches In height. Judge Witten al lowed It. Six soldiers out of the first fifty names called indicates that the soldiers will re celve a greater percentage of the Flat head than of the Coeur d'Alene lands. When the name of N. D. McPhee, of Coeur d'Alene, was announced as winner of No. 134. a young lady In the crowd gave a hysterical shout and made a wild rush' to carry the news to father. .Spieler Hits Another Snag. The first woman to win was Eleanor McLean, of Missoula, who stated In her application that she was 70 years old. The professional spieler from Arkansas was on his Job again today, but he fre quently struck a snag. One of the worst (Concluded on Page 6) IS THE MAN WITH THE HOE Olb STYLE FARMER Lawyer Says Broker Was Tool of Higher-ups and Threatens Big Sensation. NEW YORK. Aug. 12. "I intend to open up the floodgates and see that sev eral men are swept away. If I nna it nAcesnATv to save this boy," said the counsel for Donald Persch, the note bro ker, charged with the larceny of $110,000 worfh of cornier stocks put up . as col lateral with the Windsor Trust Company to secure a loan of $50,000 made by M. M. Joyce, a broker for F. Augustus Helnze, when his client was arrested on a sec ond charge. ' 'He has been the tool for men mgner mv H knows of the transaction. If these accusations are not withdrawn I will give the District Attorney evidence that will create a sensation In the finan cial world." 'nt rtniv wfifl Persch rearrested imme diately on his release under a habeas corpus writ, on a charge of stealing $44,000, his estimated share of the profits of the swindle, but W. L. Clark, a note broker representing Joyce, the com plainant against Persch, was arrested In the District Atttorney's office, charged with the larceny of $10,000. said to be part of the profits from the curb sales of the stock, which Joyce supposed sate In the vault of the Windsor Trust Com pany. Clark's arrest Is based on two checks drawn In his favor by Persch. WIRE CUTS BOY'S THROAT Severs Flesh to Jugular Vein When Lad Strikes Barbs." BELX.INGHAM, Wash., Aug. 12. (Special.) His throat cut from side to side by a barbed wire stretched across his father's gateway to keep out stray horses. 10-year-old Leo Kelly, of 2800 Ontario Street, almost met his death this morning. The boy was running down the often traveled pathway which leads from his father's house to the street, and, not knowing that the wire had been stretched across the gateway, ran full Into It. He was caught under the chin, lifted off his feet and his own weight and the force of the impact caused the strand of steel to bite In through the skin and muscles as deep as the wind pipe and Jugular vein. He will recover. BURNS WITHCHJLD IN ARMS Mother Cremated In Home With Four Other Persons. HANCOCK, Mich., Aug. 1A Five lives were lost last night In the burning of the dwelling of Mrs. John DIonne. The fire broke out when the family was asleep. Mrs. DIonne got out of the house, but returned to rescue a child and perished. Her body was found with the infant clasped in her arms. The cause of the fire is unknown. TOSSES CHILDREN IN SEA Wife of Argentine Consul Has Fit of Murderous Madness. CIRUVENCE, Hungary, . Aug. 12. Madame B. F. Gayan, wife of the Ar gentine Consul-General at Budapest, in a sudden fit of madness today drowned two of her young children in the sea here and was restrained with difficulty from killing her third child and her self. OR THE MAN AT THE ROLL-TOP r - HIT AT SECRETARY Chicago Man Defends Ballinger. CONVENTION IS IN AN UPROAR Attacks by Pardee Start Live ; ly Battle of Words. JOHN L. WILSON HAS SAY Lays Aside Set Speech to Take TJp Defense of Taft's Secretary of In ' terlor Calls Previous Re marks Words of Anarchy. . SPOKANE, Aug. 12. John L. Wilson, ex-United States Senator from Wash ington, and John Farson, millionaire banker of Chicago, clubman and a so ciety leader, broke Into the limelight before the National Irrigation Con gress today In defense of Richard A. Ballinger, Secretary of the Interior, and succeeded in keeping the Ballinger Plnchot 'feud,' so-called, in the public eye. The forepart of today's session did not offer, seemingly, the proper open ing for a continuation of the trouble until Dr. Pardee, ex-Governor of Cali fornia, rose to question a statement made by a speaker. Dr. Pardee warmed to his subject to such an extent that he sood brought In his charges against the Secretary of the Interior and accused that official again of permitting the opening for entry of valuable water power lands. Secretary's Friends Prompt. Amonsr his other charges Dr. Pardee said that a number of water power companies, notably the Amalgamates Power Company, was favored in the throwing open of these lands. "Do vou mean to say," demanded Mr. Farson. "that the Secretary of the In terior is dishonest?" " "I make no such claim," retorted Mr. Pardee. "Then. Insisted Mr. Farson, "you charge him with inef ficiency V "I make no charges," replied Dr. "Pflrdee. "I have only stated the facts and the delegates can draw their own conclu sions." Questions Become General. There was hubub In the congress for the next few minutes, during which numerous delegates demanded of Dr. Pardee where he got information, why he was attacking Secretary Ballinger and other pertinent queries. To all of these Pardee reiterated that the dam sites have been "gobbled up" and that Secretary Ballinger has been respon slble. -.rv Afternoon Session Heated. The afternon session was hardly under way . when W. W. Farrell, of Farrell, Idaho, took the floor and dur ing the time allowed for discussion attacked severely the Washington (Concluded on Pare 13 ) DESK THE REAL FARMER? Wise Ones Think Plan Would Be Foolish, as Many Knives Await Broker's Scalp. KEW YORK. Aug. 12. (Special.) Wall Street was regaled today with a beauti ful story detailing how Mrs. Sidney G. Love, who has Just inherited $1,000,000 cash from the Burnes estate In St. Jo seph. Mo., Intends to rehabilitate her hus band, whose sudden withdrawal from the brokerage business a few months ago is still rerretted by sundry persons, chiefly Judge William H. Moore, whose financial protege Mr. Love was. Wise ones on the street laugh at the storv of Love resuming business, and say he would not proceed far with the enmity of Judge Moore to combat. These menas say the Judge did not so. much care for the monetary loss, but he feels aggrieved that Love never kept an oft-promleed ap pointment to explain certain matters. There Is a story current In the clubs that Judge Moore recently attached a string of polo ponies Love was having shipped to Europe. LEAPS FROM SPEEDING CAR Accused Maryland Murderer Es capes at Risk of Life. YORK, Pa., Aug. 12. (Special.) Af ter; being brought from California to answer a charge of murder In Cecil County, Maryland. Scott Johnson, aged 28 years. Jumped from the platform of a sleeping car of a Northern Central Railway train, a few miles south of this city shortly after 8 o'clock this morn ing and escaped. Johnson was employed on a farm near Rising Sun, Md., last May. A man named McAllister, employed on the same farm, was found murdered. At the same time Johnson was missed and sus pected of the crime. A few weeks ago, when notice was received from the authorities of Santa Rosa, Cal., that Johnson had given himself up there and admitted that he had killed McAllister, Sheriff H. G. Hager, of Cecil County, went to Santa Rosa to bring Johnson back to face trlai. Arriving at Santa Rosa he got his man and brought him safely east to within a few miles of the Maryland line, when tbe man rushed to the door of the car and Jumped off. AVENGERS FAIL IN EFFORT Tar and Feathers Party Misses In tended Victim in Revelstoke. "VICTORIA, B. C, Aug. 12. (Special.) Armed and masked and provided with a barrel of tar and a sack of featheis, 30 citizens of Revelstoke last night went in search of George Green, who had been arrested earlier in the day and fined $50 for assault upon S. Blckerton. Certain circumstances connected with the assault made the citizens of Revel stoke think Green had not been sufficient ly punished, hence the tar and feathers party. Green heard of their coming, and sought safety in the police station, where he remained over night, leaving town quietly In the early morning. BOY IS KILLED ON STREET Thrown From Horse, He Is Dragged With Foot in Stirrup. SALEM. Or., Aug. 12. (Special.) Ralph Johnson, about 12 years old, met a horrible death on East State street this evening, when the horse he was riding threw him, one foot being caught In the stirrup. 1 The boy was dragged along the street at a terrific pace, his head being crushed to a pulp on the paving. He -as rescued after being dragged four blocks and hur ried to a hospital, but died as soon as he reached there. The boy was a son of Walter Johnson, & Salem liveryman. $500 COIN F0R $10 FINE Freak Coin of Great Rarity Paid Into Police Court. SAN FRANCISCO. Aug. 12. A gold piece, valued by collectors at $500, was paid Into the Police Court today for a $10 fine, and is said to be one of six freak pieces coined in 1847 from which the words "In God We Trust" were omitted by accident. These six coins escaped Into circula tion before the stop order was received and they are now eagerly sought by collectors. It Is not known who paid the $10 piece. TENOR HURT AT BULL RING Roof Collapsed and Bezares Was Among 100 Injured. EL PASO, Tex., Aug. 12. Relatives here of Bezares, the noted tenor, have received letters Informing them of his serious ln- Jury by the collapse of the roof of the bull ring at Pachuea, Mexico, Sunday during a bull fight. The ring was crowded and a number of spectators climbed to the roof, which collapsed. Over 100 were injured. EARNINGS SHOW INCREASE Northern Pacific Makes $250,000 More This Tear Than Last. ST. PAUL, Aug. 12. The annual report of the Northern Pacific Railroad Com pany, filed with the Interstate Commerce Commission today, shows that the total business done the last fiscal year amounted to $68,469,747, an increase of about a quarter of a million over 1908. Throw Down Gauntlet to Grainhandlers. WAGES ARE FIXED AT $3 A DAY Serious Situation on Qocks Is Brought to Crisis. WHEAT DIVERTED TO SOUND Refusal of Cnlon to Enter Into an Agreement With Exporters the Cause Immense Cost 'o Port Likely to Ensue. The three big local grain exporting houses of Kerr, Gifford & Co., the Port land Flouring Mills Company and Bal four, Guthrie & Co. will this morning put Into effect a sweeping order declaring an open shop on all grainhandling work at their various docks, on the flat wage scale of $3 for a ten-hour day. This action marks the crisis of trouble that has been brewing between the ship pers and members of the Grainhandlers' Union since last April. It Is the direct result of the refusal of the grainhandlers to sign a contract for one year at 35 cents an hour and 60 cents an hour over time after ten hours' work. This scale prevailed during the season which ended in April, and is 5 cents an hour higher than is paid for loading ships on Puget Sound. Men Refuse to State Position. All efforts on the part of the exporters to get the union to renew this contract proved fruitless and yesterday a final meeting of representatives of the ex porters and grainhandlers was held to settle the matter definitely one way or the other. The officers of the union again refused to sign. They would not state their position as to the wages they wanted at all.7 further than to say that at present they could not get together enough members of their union to Justify them in signing up for 35 cents. Rather than run the risk of having the union demand 40 cents an hour and per- , haps strike for it, tying up all shipping operations after the wheat season is in full swing, the exporters broke off nego tiations with the union and declared an open shop on the same wage scale of 30 cents an hour as is paid on Puget Sound. The rupture between the exporters and the union is complete. The exporters will from today refuse to recognize the union in any way, or to enter into nego tiations with it. More than that, men who are known to be members of the union will not be allowed to work on the docks. All grain that Is handled will be handled by nonunion labor. " In the Grainhandlers' Union at present are about 250 members who will be af fected by this order, but this Is not all. (Concluded on Pare 10.) INDEX OF TODAY'S NEWS The Weather. YESTERDAY'S Maximum temperature, 8 degrees; minimum. 54 degrees. TODAY'S Fair; westerly winds. Foreign. Dock laborers at Fort William. Ont.. tight police; many Injured; troops called out. Page 6. China makes vigorous reply to Japan's de mands. Page 5. ' National. Minister Wu. of China. Is recalled. Page 5. Taft. tells plans for trip to Seattle. Page 4. Government will try to forfeit vast area of Alaska coal land on ground of fraud. Page 6. i Domestic. Divorced couple meet by chance and get married again. Page 1. Court decides Thaw is still Insane and mast . return to asylum. Page 3. Guilt of killing Sutton can't be fixed, but family chiefly desires suicide theory ex ploded. Page 4. Perech's lawyer threatens to expose higher ups in Helnze swindle. Page 1. Van Fant elected commander of Grand Army. Page 3. Sports. Coast League scores: Portland 4, Vernon 0: Sacramento 7. Oakland 5; Ban Francisco 10. Los Angeles 2. Page 12. Jeffries says Berger exceeded authority In signing with Johnson, but Berger ex plains. Page 12. Northwestern League scores: Tacoma 1. Portland 4; Seattle 4. Spokane 1; Van couver 1. Aberdeen 0. Page 12. Pacific Northwest. Schlvely loses on every hand In effort to un seat Senate members. Page 1. Friends rally to Balllngers defense and lively session ensues at Irrigation Con gress. Page 1. Two thousand persons are lucky applicants for Flathead lands. Page 1. Porter Bros, hire more of men discharged by Twohys. Page 7. Cache of $:ttS00 in gold faund under bed of suicide Bethany blacksmith. Page 1. Seven-cornered fight on for Salem Post mastership. Page 7. Movement starts at Olympta to stop further probe of alleged Supreme Court scandal. Page 5. Portland and Vicinity. Grain exporters bring serious situation t crisis by declaring open shop on docks. HarHman counsel obtains continuance In Deschutes injunction hearing. Page 1. W w. Cotton presents Harrlman's side of ' Deschutes fight. Page 7. Plans made for entertaining distinguished Japanese next month. Page 11. Change In dMlgn for upper deck of new railroad bridge contemplated. Page 11. Two city jails will be erected on East Side. Page 10. John F Stevens, noted engineer, drops Silas and denies connection with Hill. Page 1. Paclne Northwest invited to participate la Kational Cora Exposition, Fac 10. (Concluded on Page .) IfP7! mzinl