SCHIVELY TRIAL
DRAGS
SLOWLY
BUYERS
FIRST
TEN
THE
Defendant's Tactics Lead to
Belief He Hopes to Get
Case Into Courts.
SESSION ENDS SATURDAY
Much Unfinished Business Before
House Governor's Promised
Message Not Yet Presented.
Time for Work Short.
BT R. O. CA1XVERT.
QLYMPIA. Wash.. Aug. IS. (Staff Cor
respondence.) In the four day that
have passed of the first impeachment
trial ever held in this state not a great
deal of headway has been made. Not
only ia the procedure new to all the mem
bers of the Senate, necessarily making
discussions lengthy, but J. H. Schlvely,
the Insurance Commissioner on trial, has,
through his attorney, indicated what may
be either a desire to proceed with care
and caution, or a well-laid plan to de
lay action as long as possible.
Some of the members cling to the lat
ter theory because Schlvely Is quoted to
have said, when the Impeachment articles
were filed, that he would make It a long
and expensive' trial. Then, again, some
members (and the view extends to the
House Board of Impeachment Managers),
believe that Schlvely hopes to gain some
advantage by prolonging the trial until
after the expiration of 60 days from the
time of convening the Legislature in spe
cial session.
Sixty days is the maximum time limit
fixed on sessions of the Legislature, and
the Attorney-Gene raf has ruled that
every day of the interim between special
sessions must be counted as a Legislative
day. Under this ruling the Legislative
session will expire next Saturday at 13
o'clock midnight unless sooner adjourned
sine die.
Hopes to Get Into Court.
Senate members contend that, although
the Legislative session must end, the
Senate may continue to sit as an Im
peachment court. It Is suspected by the
Impeachment managers that Schtvely's
counsel intends to attack this view, and
it is suggested that If the Senate con
tinues to sit, and finally Impeaches the
Insurance Commissioner, he may try to
get the case into th Supreme Court on
the ground that the body that Impeached
him had no jurisdiction.
In impeachment trials the verdict of
the Senate is supreme. There is no ap
peal permitted to the courts, yet It is
argued that the courts would interfere
to save a man'a office for him If a body
improperly organized, or which had lost
its Jurisdiction by constitutional limita
tion, bad attempted to oust hlra.
So far the trial of Schlvely has resulted
in the settlement of but three points at
Issue and all these are matters prelim
inary to the actual trial of the re
spondent. The Senate has refused to unseat 16
Senators accused by Schlvely of being
prejudiced against him; has declined to
strike out the article charging perjury
before the Spokane grand jury, and has
stricken out Article 1 because the facts
stated therein were not aufficient to con
stitute a cause of action.
Weeks of Trial Predicted.
Demurrers are still to be argued on
the remaining 24 counts In the Indict
ment. The same objectlona raised by
Schively's counsel will apply to nearly
all of these counts, and the articles will
be grouped for the convenience of argu
ment. There remains unargued the ques
tion as to the authority of the Senate to
impeach a state officer for misconduct
committed while a deputy: the conten
tion that the statute of limitations bars
many of the charges, and, probably,
the objection that even if the charge
are true In many Instances, they do not
constitute a violation of the statutes of
this state.
The Impeachment managers are draw
ing 12 amended articles to take the place
of a like number which fall within the
objection sustained to Article 1, and it
is possible that the fertile mind of Schi
vely's counsel will discover objections to
these new articles which will be the
cause for further extended arguments.
The length of the Senate Impeachment
Court is a subject for widely differing
conjectures. While the impeachment
managers are now predicting a closing
of the case within ten or 12 days. Schi
vely's attorney refers to the length of
the trial as a matter not of days, but of
weeks.
Much Work Before House.
But whatever the length of the im
peachment trial It is now generally
conceded that the House must cease to
do business by Saturday night at mid
night, and that If there is any legis
lative business to be transacted by
either house it must be accomplished
this week.
The only pressing demand for the
House to remain in session this week
Is the possibility that It may be needed
to draft amended articles of Impeach
ment as the result of the Senate sus
taining the objections of the defend
ant's counsel to a number of the counts
In the indictment. The House cannot
delegate this authority to the Impeach
ment managers, but must perform that
duty itself if amended articles are to
be presented.
Nevertheless, a good batch of work
lias been laid out for the House for
this week. Governor Hay has not yet
pre'sented his promised message recom
mending certain legislation. In addi
tion there Is the ratification or reject
irent of the income tax amendment to
the Federal Constitution, the need for
some provision for holding a special
election to fill the Congressional vacancy-
in the Southwest District: the
matter of continuing or dismissing the
. Supreme Court Investigating Commit
tee: the report of the House members
of the General Investigating Committee
on the conditions at the Soldiers" Home
at Orting and the advisability of trans
ferring that institution to Port Orchard
and moving the school for defective
youth from. Medical Lake to Orting. and
rii;merous bills which Individual mem
bers are demanding be adopted.
Among the bills pending in the House
are the general game bill which passed
the Senate in July: the Campbell .bill
restoring the nomination of Supreme
Judges to the direct primary, which
has a favorable committee report, and
a bill amending the drainage district
law; a bill prohibiting the sale -of
liquors on the grounds of fairs receiv
ing aid from the state.
Little Will Be Accomplished.
The work accomplished by the House
last week consisted almost solely of
granting the members mileage and
passing the Duwamlsh waterways bill
;nd a Senate bill amending the material
men's Hen law.
I For the Senate there is promised this
I week the introduction of a bill sub
mitting: to the voters a constitutional
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amendment providing: for the recall of
..... i.irUrini officers. The Sen
ate has In cold storage bills Introduced
in the first part of tne special ses&iou
repealing: a number of large appropria
tion bills of the regular session. These
arc not likely to see the light of day.
In addition the public morals commit
tee is holding tne raimer mu .ow
ing as a separate state department the
office of Insurance Commissioner. It
U 1rtnttrtn tn hold UD this bill
until the final vote was had on the Im
peachment of Schlvely and tnen, 11 me
i ...... fn.H tn n ttpmnt to Dass
it. The approaching close of the legis
lative session and the lengthening out
A u. imnouMimant tria.1 seems to make
this plan Impossible, however, and the
fact that this bill is neia ncs as
i. ,.ai-t in he nlaved aeainst the In
surance Commissioner may have some
thing to do with the attempt now be
ing made with success by Schively's
tn nrnlnnr the trial beyond the
close of the legislative session.
All the House measures menuonso,
.v.. 0.0 mm hill have still the Sen
ate to face tf they pass the lower
brancn 01 ine Ltgraaium
omnror iho Senators as a result of the
slow-progress made in the impeachment
trial Is shown, nowever, ana u is "
believed probable that the Senate will
devote much time .to legislative mat
ters. Unless of grave importance any
House bills passed by the lower body
are likely to die in the Senate. Thus,
while the House may continue to de
liberate and transact business during
i - .k&a - BncTti, n strnnfiT
ins w etriv, mcio " " " ' '
likellhiod that the final result of its
work will be or no consequence 10 mi
. i nfta.lMa nation nn
Biaig ii u i.i i ' n. w.
amended articles of impeachment, and
the continuation of the Supreme Court
Committee, N llii:ii in a. nuuao
ment.
Shoppers Voice Appreciation.
"It is so restful after shopping to stop
at the Royal for Pearce's hot chocolate
or ice cream.' Have you tried it? Wash
ington and Park.
cnii
is
BEGUN
Officers Satisfied With Mc
DonelPs Books So Far.
SECOND INQUIRY LATER ON
Present Investigation Ia or Regi
mental Money and State's Ac
counts Will Be Taken Up
by Inspector-General.
(Continued From First Pare.)
we took, up tnelast" month first- We
are simply checking up the bills as we
find them."
Capts-in Bowman intimated that the
examination of accounts could not be
pronounced, complete until the Captains
of several companies had been heard
from, a" delay of the receipt of their
warrants from the Secretary of State
being a setback to Colonel McDonell's
report. That tardy money amounted to
about $30 was the estimate made by
Captain Bowman.
Two Funds to Check.
Colonel McDonell's accounts afe the
object of a two-fold investigation, the
checking begun last night delving Into
his manner of handling the regimental
fund, the keeping of which falls to a
Colonel as a private trust. For the
proper distribution of this fund the
regimental chief is responsible only to
his brother officers. The second investi
gation involves a state fund which is
a public trust. The accounts surround
ing this fund will be investigated by
Inspector General Jackson, who, after
General Finzer. is the only other Na
tional Guard officer superior in rank to
Colonel McDonell. This Investigation
was ordered by General Finzer yester
day prior to Iris departure for the Na
tional rifle competition, and will be en
forced August 23, three days prior to the
date set by General Finzer for Colonel
McDonell to turn over whatever Govern
ment funds accounts say should be In his
keeping. , . ,
Yesterday the Regimental Board in
sisted there was nothing out of the or
dinary in General Finzer's edict that Col
onel McDonell's accounts be subjected to
Investigation. Colonel McDonell. too, de
clared the order of his superior was mere
ly a routine course.
Finzer" Letter Not Received.
"If Colonel McDonell," said Inspector
General Jackson yesterday, "had made It
plain to General Finzer that there would
be no shortage, the order would have
been withdrawn."
Up to yesterday afternoon Inspector
General Jackson had not received Gen
eral Finzer's order to inspect Colonel Mc
Donell's accounts, but he was aware
such instructions had been issued.
"In my investigation of Colonel Mc-,
Donell's accounts." said Colonel Jackson,
"I will take up the accounts from his
last report, which was rendered for the
last quarter of 190S. when a small balance
was en hand. The regimental fund ac
crues from a tax on officers for enter
tainment and similar expense. I under
stand the meetinf of the officers yester
day concerned this fund.
Board Is Sole Custodian.
"The regimental fund is controlled by
the Regimental Board. All that concerns
me is the state fund. If a shortage is
found in that fund Colonel McDonell
must give security or face court-martial.
If a shortage is found in the regimental
fund, the custodian may be court-martialed
for conduct to the prejudice, of
good order and discipline."
Already predictions are rife as to the
probable successor of Colonel McDonell.
Lieutenant-Colonel John M. Poorman, oC
Woodburn, will be made temporary com
mander of the Third Regiment, pending
the election" of a successor, which, it is
believed, will not be held until threa
months after Colonel McDonell's resigna
tion. That Major Frank S. Baker will
be voted info the colonelency seems fo be
the general opinion in militia circles.
General Finzer is not deu to return
from Camp Perry, Ohio, where the na
tional marksmanship contest will be held,
until next month, and it is probable no
official announcement as to Colonel Mc
Donell's status and the result of fhe in
vestigations, under way and ordered, will
be made until he is back at his desk at
headquarters.
Ow Vang King Is Now Consul.
VANCOUVER, B. C, Aug. 15. (Spe
cial.) Among the arrivals on the Em
press of India tonight was Ow Tang
King, who is to be Chinese Consul of
this port. King was formerly at San
Francisco and will relieve Hsu Ping
Chen here. King was sent here some
time ago by' the Chinese Government to
settle "the dangers-arising out of the
anti-Japanese riots. Local Chinese
have prepared a big reception for their
new Consul.
Travel to Fair on Wager.
VANCOUVER, Wash., Aug. 15. (Spe
cial.) Carl and Herman Livingstone,
two young men who are making a trip
from Tusla, Okla., to the Seattle fair on
a wager, passed through Vancouver
ori their way north. They left Tulsa,
Okla., three, months ago with $5 each,
and they posted $500 each that they
would sec the fair, make and save
each J500 in the meantime and be back
in Tusla November, 25,
PASTOR
IS
OUSTED
Moscow Baptists Get Rid of
Rev. John M. Hupp.
CHURCH RENT ASUNDER
Deacon and Prominent .Members
Withdraw Hupp Is Asked to
Resign, and I'pon His Refusal
Is Voted Out by Trustees.
MOSCOW. Idaho, Aug. 15. (Special.)
Rev. John M. Hupp, of the Baptist
Church of this city, famed locally in
the anti-saloon fight when Moscow went
dry. and who was ex-Mayor R. '5. Mat
thews' representative in the employment
of deteatives at the expense of the city,
and who was made a party to the in
junction case brought by a committee of
the Citizens' League, restraining the city
from paying certain warrants illegally Is
sued, has been engaged In battle royal
with his congregation, which reached a
climax in his removal and resignation
after several sensational hearings.
That the Baptist Church of Moscow is
disrupted over these events is to state
the case mildly. Deacon L. B. Collins
has resigned, as did O. A. Benedict, su
perintendent of the Baptist Sunday
School, and many of the more prominent
THREE CENTRAL FIGURES IN THIRD REGIMENT DIFFICULTY.
v
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4
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1
f r f
K tgjlri'fttt & ' a 1
K ' - -fx 1
i t V:- . 3
t 'v - : !
it ..t .Jjhl,.,.,. ...it-f.,.!, llTfAlJl
Inspector-General James Jaoknon, Who Will Inquire In
Colonel McDonell's Accounts.
Colonel Charles E. McDonell, Who Retires From Com
mand of Regiment.
Adjutant-General W. E. Kinier, Who Ordered Inquiry
About to Be Undertaken.
members are taking out letters to Join
other churches.
Determined efforts were made to keep
the matter from getting into the news
papers. Not until Rev. Mr. Hupp hart
been asked to resign by tho board of.
trustees, and upon refusal was voted
out by his congregation, did the trouhlo
reach the public. Some of Rev. Mr.
Hupp's enemies accuse him of having
had trouble in Kansas. Rev. Mr. Hupp
said:
"I have no fears of those who attempt
to assail my reputation as a minister or
a man. My life is an open hook and I
in'ite inspection of the records."
While Rev. Mr. Hupp has made some
enemies, probably no preacher ever sta
tioned in this city, in the short space
of two and one-half years, has been in
the limelight so often and to such a de
gree. Ho first revolutionized the local
Ministerial Association and was one of
the moving spirits in making Moscow dry
by organizing a secret committee of 12.
who announced that money had been
subscribed to employ detectives and
prosecute those selling intoxicating liq
uors illegally. He was a delegate to the
Republican County Convention last Sum
mer. His sudden notoriety reached its climax
last Winter, when it was discovered by
the pleadings filed in the injunction case
against the city and himself that he was
in an alleged secret deal with the Mayor
and the members of the City Council to
have the city pay the detectives instead
of the secret committee that had adver
tised rewards for this purpose.
Miss Sorahjt Is ald to be the only woman
lawver In India. i-he Is said to make a
comfortable income by practlcine her pro
fession and to eneourase other women to
foMon her PTampI".
DIABET3
Threp years ago we received a num
ber of letters signed "Mrs. A. A. Cloud,
New York City." They were Invariably
written on the letter heads of one of
the large New York Trust companies.
They gave the details of a stubborn
case of Diabetes. It was very obsti
nate, and letter after letter was re
ceived asking further advice.
We now have the interesting sequel
dated "Jacksonville, Florida," where
this lady has evidently spent the win
ter. She writes as follows:
"I know that you will remember me,
as I was one of your patients and was
cured by your Diabetic Compound. I
want to help cure some others who are
suffering with this trouble. Please
send literature on Diabetes to Mrs. W.
D. Barnett, etc. (address below). ,1
sent to Bartow, Florida, for circulars,
but your agents were out of them. I
live in New York City and will return
shortly. I am well and have gained
back all of the flesh that I lost. I
shall surely continue to recommend
your treatment to sufferers, having
been one myself.
"Thankfully,
"JiltS. A. A. CLOUD."
The books admit that codine, arse
nauro, etc., are merely palliative and
not curative, and therefore declare
Diabetes to be incurable. ,
On the contrary, under the new
emollient treatment worked out by the
late John J. Fulton, it is a solemn fact
that nearly nine-tenths of these cases
can recover where the patients are not
too young, and recoveries like the above
are announced almost daily.
Thoughtful people with open minds,
desiring to know more about this treat
ment, can have full literature mailed
free by addressing the John .1. Fulton
Company. 212 First street, San Fran
cisco, Cal.
We want to hear from and advise
with all patients not noting Improve
ment by the third week.
In all letters Diabetics should state
age.
Fulton's Diabetic Compound can be
hau at druggists-