Morning Oregonian. (Portland, Or.) 1861-1937, August 19, 1909, Page 3, Image 3

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Adverse Decision Does Not
Dismay Them and They
Ask New Inquiry.
Wlnthrop Says Arfray Showed Bad
Discipline Mrs. Sutton Still
Says Son Not Suicide No
Damage Suits.
WASHINGTON. Anir. J 8. With the
rubllcation today of Acting Secretary of
the Xavy Wlnthrop's approval of the
finding of the court of inquiry that Lieu
tenant James X. Sutton. Jr.. of the
United Suites Marine Corps, was "direct
ly and solely responsible for his own
death at Anr.aoolis nearly two years ago."
the famous Sutton case became a closed
incident as far the Navy Department Is
Counsel for the Suttons Intimated, how
ever, that they were far from satisfied
and that they rrobably would take the
issue Involved to Congress with a view
of having a full hearing by a committee
of that body.
Discipline Has Improved.
Too much time has elapsed since the
Incident, in the opinion of the Navy offi
cials, to undertake any proceedings
agair.stSths persons whose conduct In the
case has been made the subject of criti
cism bv the court. They, however, will
be Informed !n an official way of these
Although Mr. Wlnthrop. in his Indorse
menL speaks of the lax state of discip
line existing at the marine school at the
time of Suttcn s death, he says conditions
have Improved; that splendid discipline
prevails at this time, and that he is con
fident that the unfortunate situation pre
viously existing will not again prevail.
Suttons Will Still Fight.
"AH I can say." said Mrs. Sutton to
night, "is that there Is still no question
In my mind that my son did not commit
suicide and the decision by the court of
inquiry has by no means halted me In
my determination to vindicate him."
Judge Advocate Leonard issued a state
ment in which he upheld the Justice of
the findings. He declared that the inquiry
had been conducted with great thorough
ness. With reference to the statement
of Henry E. Davis, counsel for Mrs. Sut
, ton. that the Judge-Advocate's handling
of the case is fully supplemented by the
court s action, which makes the inquiry
a mere curtain-raiser to the main per
formance. Judge-Advocate Leonard said:
Leonard' Reply to Davis.
"I can only say that I accept the re
mark as a graceful tribute to the spirit
in which I am sure It is offered. The
finding of the court is so altogether In
keeping with the logical outcome of the
evidence adduced that. I conceive Mr.
Davis' remark as a very magnanimous
compliment. There may be some who
could interpret Mr. Davis- remark into
a caustic comment on the court and the
Judge-Advocate and to them 1 say with
Disraeli it is much easier to do cnu
x cal than correct." .
Will Not Sue Suttons.
Arthur A. Birney. counsel for Lieuten
ant George E. Adams, expressed his grati
fication over the decision, saying that
there was no foundation for any state
ment that Lieutenant Adams and others
Vill sue Mrs. Sutton for damages.
"I understand." said Mr. Birney. "that
the Sutton side does not Intend to let the
case drop. But I can't see that they can
doanythlng except stir up some Congres
sional fuss. There is no evidence on
which to build a case and they will fail
utterly in any of the regularly constituted
avenues for bringing about a prosecu
tion." . i
Court of Inquiry Exonerates Offi
cers, but Censures Them.
WASHINGTON, Aug. 18. "Lieutenant
Sutton was directly and solely responsible
for his own death, which was self-inflicted,
either intentionally or In an effort
to shoot one of the persons restraining
him, and his death was not caused by
anv other injury whatever."
This Is the verdict of the Navy Court
of Inquiry which for some weeks has had
under investigation the cause of Sutton's
death on October 13, 1907, which verdict
has been approved by the Judge Advocate
General of the Navy and. by Beekman
Wlnthrop. Assistant and Acting Secretary
of the Navy. Tno court also finds:
"That Lieutenant Utley failed in his
duty as senior officer, under article 2S6.
United Statesi Navy regulations, 1909, in
permitting Lieutenant Sutton to run
way and arm himself. Instead of calling
on those present for assistance and fol
lowing Lieutenant Sutton, preventing him
from arming himself, by force if neces
sary, and turning him over to the cus
tody of the officer of the day.
"That Lieutenant Bevan, officer of the
guard, failed In his duty as officer or the
guard In not disarming Sutton by force
while in front of his (Sutton's) tent.
"That Lieutenant Willing, the officer of
the day. failed in his duty aa officer of
the day in not Immediately assisting by
force in helping to disarm Lieutenant
Sutton when he arrived on the scene be
fore the fatal shot was fired.
Charge) of Murder Vnfounded.
"That the charges of willful murder and
conspiracy to conceal it. made by the
complainant. Mrs. Sutton, mother of the
dead lieutenant, are purely imaginary
and unsupported by even a shadow of
evidence, truth or reason.
"The court recommends, however. In
view of tl.e youth and decided lnexperi-
ence of Lieutenants Utley, Willing and
' Bevan at the time, and of the altogether
unusual conditions of excitement, threats
and danger during the aft.T-mentloned
fray, that no further proceeding be
The report is signed by J. Hood, Com
mander, U. S.. president of the board,
and Henry Leonard. Major U. S. Marine
Corps, Judge-Advocate.
Hood Is Severe With Officers.
Commander Hood also filed a minority
' report in which he says he concurs In
the majority report and in addition lie la
of the opinion that Lieutenants Utley,
Adam", Oterman. Willing and Bevan '
showed a deplorable lack of knowledge of
their duty and obligation as officers hold
ing commissions in the Marine Corps; and
the testimony concerning the whole de
plorable affair Indicates a state of disci
pline then existing In- the Marine School
of Application, discreditable to the serv
ice, and argues strongly against the prac
tice of commissioning and putting into
positions of responsibility under-men
without proper previous training.
He is also of the opinion that Lieuten
ants Willing, Bevaa and Utley should
have been brought to trial at the time for
neglect of duty; Lieutenants Adams and
Qsterman should have received military
punishment for engaging In a brawl un
becoming officers and gentlemen, and he
concurs in the recommendation that no
further proceedings be takan at this time
only because of their youth and inexperi
ence at that time, and because of their
being, in a sense, the victims of a system
for which they themselves are not re
sponsible. Department Condemns System.
Bv its concurrence in the opinion of
the court and in that expressed in the
minority report, the department indi
cates its thorough disapproval of the
lax discipline shown by the evidence
to have existed at the Marine Corps
School of Application prior to and at
the time of the death of Lieutenant
Sutton. -It says:
"The results of this inquiry have
brought serious discredit, not only on
the officers directly responsible for
the efficiency of the Institution, but.
unfortunately, on the Marine Corps as
a whole." '
In the beginning of its report the
court says:
"After due consideration of testi
mony, in the taking of which the widest
latitude was allowed to all concerned,
with thei object of bringing out any
possible bit of testimony or fact that
might in any way bear on the subject
matter under - inquiry, and after care
fully weighing all the evidence, which.
as might be expected, after the lapse
Repeated Cloudbursts Send
Deluge Down Valley of
Arkansas. -
Water In Wild Fury Almost Tp to
Famous Bridge .In Royal Gorge
and Railroads Are Blocked.
Pueblo Tnder Water.
broadens the powers of the executive
branch of the Government, all that Air.,
Roosevelt sought to do will be done, but
done according to law; If Oongress, by
adverse action or by Inaction, fails to
approve the Roosevelt policies, the Ad
ministration will follow the law as far as
It goes, and there stop. Public sentiment,
however, is apparently thoroughly
aroused, and the consequenoe will be
the enactment of such laws as are
deemed necessary to permit Of the per
manent adoption of the conservation
To tne minas or many oi ma intiiun,
Glfford Pinchot went too far ' in his
speech before the Irrigation Congress at
Spokane. He openly and frankly advo
cated doing everything not prohibited by
law; the general Interpretation is that
Government off icials . can do only that
specifically authorised by law. That
speech will probably return to plague Mr.
President Finds His Department
Xegllgent In Some Ways.
WASHINGTON. Aug. 18. Reports are
current today that President Taft has
taken' a hand in the Balllnger-rinchot
Newell embroglio, with the result that
the Attorney General's office has been
called upon to review its former de
cision in which it was held that the
Reclamation Service was transgressing
DENVER. Aug. 18. Another cloudburst the reclamation Jaw, because it was
of time end in view of the excitement at Four-Mile Creek, near Canon Lity, prosecuting um m
under which the principal witnesses tonight made more disastrous the Hood in were optainaoie. An imeaumum. u.a
t v .... it f
... - .... ,: ... x-......' . r. . a"- - . . ... ? .i
were laboring at the time of the oc
currence of the matter under Inquiry,
is peculiarly mixed and contradictory
in details, the court finds certain facts
standing out clearly, distinctly and be
yond dispute or cavil, and does so. Ac
cordingly at 2:30 P. M. the Judge-Advocate
was called before the court and
directed to record, viz: ,
Court's Findings of Fact.
"Facts No. 1. The dispute took
place and filthy language unbecoming
an officer and a gentleman was used
by Lieutenant Sutton toward Lieuten
ant Adams in the presence of their
senior officer. Lieutenant Utley, about
1 A. M.. October 13. 1907: that Lieuten
ant Utley and Lieutenant Osterman in
tervened to prevent a fight.
"No. 2. That, because of this inter
ference, a fight took place immediately
afterwards between Lieutenant Oster
man and Lieutenant Sutton, in which
Lieutenant Sutton was the aggressor,
calling Osterman a vile name and strik
ing Osterman a blow from behind.
"No. 3. That Lieutenant Sutton was
then ordered under arrest by his senior
officer. Lieutenant Utley; failed to obey
such order, ran away to his (Sutton's)
tent, threatening to shoot all present,
and armed himself with two revolvers,
one a Smith-Wesson, the other a serv
ice gun.
"No. 4. That Lieutenant Sutton, hav
ing possessed himself of two revolvers,
ran amuck, threatening all who came
Jn sight, after defyfng his senior offi
cer. Lieutenant Utley. and the officer
of the guard. Lieutenant Bevan, who
had also ordered him under arrest.
Sutton Killed Himself.
'"No. 5. .That Lieutenant Utley and
Lieutenant Roelker and Sergeant
Dehart followed Lieutenant Sutton
from the camp after his breach of ar
rest and came on him in the road lead
ing from the barracks to the Naval
Academy grounds near the scene of the
previous fight, and Lieutenant Utley
and Sergeant. Dehart tried to persuade
him, Sutton, to disarm.
"No. 6. That Lieutenant Sutton broke
away on hearing persons approaching
from the direction of the barracks and
ran in that, direction and, while being
chased by Lieutenants Utley and
Roelker, met Lieutenant Adams and
opened flru on him; in the general
scrimmage that followed, he shot
Roelker in the breast and Adams in the
hand and. when finally overpowered
and thrown to the ground by Adams,
was killed by a revolver shot from a
service Colt revolver, held in his own
right hand and fired by himself with
out the Intervention of any other hand."
the Arkansas River which since dawn
today threatened the adjoining towns,
washed out railroad tracks and tied up
many tourist trains. The cloudburst was
one of the heaviest In that section and
soon the river, swollen by mountain tor
rents near Ca'hon City, had risen eight
feet six inches.
The trains of the Denver & Rio Grande
and Colorado Midland RailroadB were
blocked at many places and scores of
tourists were delayed at Pueblo, Sallda,
Grand Junction and other points.
Royal Gorge Scene of Fury.
The magnificent Royal . Gorge, where
the Arkansas River rushes through a
closed the fact that Attorney General
Wickersham was misinformed as to the
finances of the Reclamation Service.
It is estimated that $4,000,000 were ob
tainable for the work in question and
that somebody connected with Secretary
Ballinger's office had not taken pains to
inform himself of the true inwardness of
matters In submitting the case to Wick
ersham. What Is said to be a reflection upon
Secretary Balllnger Is the statement that
the President '.has insisted that the case
be prepared by officers of the Reclama
tion Service, rather than by the legal
force In the secretary's office.
The officials at the Interior Department
canyon nearly mw ieei ueep, u a. sceno ; postion to discuss the situation,
of wild fury. The water had reached ( Wade H. Ellis, of Ohio, is acting At
the level of the famous hanging bridge, j torney General during the absence of
Many of the nearby canyons were washed i Wickersham.
clear of tracks.
At Pueblo the water Tonight was splash
ing over the levee at the State Asylum
grounds, and with a six-Inch rise the
grounds of the asylum as well as a large
portion of the residence section nearby
will be under water.
Officials of the Rio Grande state that
45 miles of their track between here and
Sallda, a distance of 100 miles, is washed
out and that it will be at least a we:i
before main line traffic can be resumed.
Sntton's Father Says at Least Sut
N cide Is Disproved.
When asked last night for his opinion
of the verdict of the naval board of in
quiry In the Investigation of his son's
death. J. N. Sutton would say little, ex
cept that it decides nothing. "What is
the uee of saying anything." said he.
"We have been up against a Btone wall,
but I think we have established the
fact to the satisfaction of the great
mass of Americans that our son did not
commit suicide.
"The first inquiry was a farce and
the methods used to cover evidence
then only showed the rotten condition
of affairs in the Navy Department. We
have made them sit up and maybe we
will mak them Bit up a little more."
Young Persch to Tell Secrets of Al
leged Stock Theft.
NEW YORK. Aug. 18. According to in
formation given out at the District At
torney's office tonight. Donald L. Persch,
the young note broker, who Is under toO,
000 bail, charged with the larceny of cop
per stocks belonging to F. A. Helnze. will
make a complete statement tomorrow, at
tempting to exonerate himself, and to lay
the blame on "Men higher up," who. ha
has intimated, from time to time, ub-u
him as a tool.
Pueblo Loses Bridges.
At Pueblo the Ninthstreet bridge, a
steel structure, was carried out and sev
eral other bridges are reported damaged.
A considerable quantity of stock In pens
at the slaughter-houses was carried away
and some cabins destroyed. ,
The report of the coming flood reached
Pueblo at 3 o'clock this morning, and a
few minutes later the whistling of loco
motives and the clanging of the fire bells
aroused the people living in the river bot
toms to their danger. Five thousand
persons labored frantically for hours to
move their belongings to higher ground.
No loss of life has resulted.
At Florence the entire population
worked throughout the night carrying
goods to higher ground in the expecta
tion that practically the entire town
would be submerged.
Horsemen were sent out last night
all along the river between Canon
City and Pueblo and even below here,
to warn people of the approaching
(Continued From First Page.)
recting the affairs not only of the For
est Service, but of the Interior Depart
ment as well. Although a Bureau Chief
In the Agricultural Department. Mr. Pin
chot issued orders to the Secretary of
the Interior, and Mr. Garfield quietly
obeyed. It was the hand of Mr. Pinchot
that shaped everything with reference
to public land matters.
When Mr. Taft came Into the White
House. Mr. Pinchot wished to continue
this dictation. But " he ran foul of Mr.
Balllnger, who told him to keep hands
off. and the President also Informed Mr.
Pinchot that he must confine his activi
ties to the Forest Service. The Presi
dent went so far as to abolish the Con
servation Commission," because it was not
authorized by law. That deprived Mr.
Pinchot of the direction of the affairs
of the commission, and took away his
last color of right to Interfere In the
workings of the Interior Department.
That fact did much to annoy Mr. Pin
chot: he resented being shorn of the
great authority he had wielded in the last
Administration. At the same time It
strengthened Mr. Balllnger and gave him
undisputed control of his department.
Conservation as Law Allows.
As has previously been explained, both
the President and Mr. Balllnger are com
mitted to and believe In the policy of con
servation of 'natural resources, but they
will carry out that policy only so far as
the law permits. They recognize the
shortcomings of the law, and will do
their utmost to secure such additional
legislation as they deem necessary. Pend
ing the passage of such legislation, tem
porary expedients have been taken to
prevent further absorption by trusts and
combinations of the remaining natural
resources of the country. Thus they
are putting up to Congress the question
of whether or no the Roosevelt con
servation policy shall be continued' or I
Aeroplanists From AH Parts of
World to Meet in. Friendly Riv- ,
airy for Prizes.
NEW YORK! Aug. 18. Thirty-eight
aeroplanes have been entered In the
aviation competitions which commence
next Sunday at Rheims, France, and fur
ther Information received today from
abroad Indicates that all records for long
distance flights will fall. The names of
the pilots for the various aeroplanes
which will compete for the prizes have
not yet been announced. Besides the
valuable prizes which have been offered
for the events, 200,000 francs have been
put up as prizes.
Aviation week at Rheims will open next
Sunday with the French elimination
races for the international aviation cup
offered by James Gordon Bennett, and the
Aero Club of France will select three
pilots 'making the best flights to repre
sent it In the big race. The distance Is
20 kilometers or twice around the aero
drome. The final contest for the Bennett
cup will take place on August 28.
Besides the elimination race for the
Bennett cup on Sunday there will be the
opening contests for the Prix de la Vi
tesse, which is a distance of 30 kilome
ters, and four prizes will be distributed
to the machines .making the best time
around the course.
Aeroplanists making the best time
around the course of ten kilometers,
either in special flights or In other con
tests, will be awarded three prizes and
designated winners of the Prix de T6ur
de Piste. The Prix des Aeronauts will
be awarded to the dirigible balloon mak
ing five tours of the aerodrome, course
In the best time.
On Monday the grand Prix de la Cam-
pagne et de la Ville de Rheims will be
held and some excellent competitions be
tween aeroplanes are expected.
Six prizes will be awarded to six aero
planes traveling the longest distance
without recharging. All through the week
contests for these various prizes will be
held and the flights will take place be
tween 10 o'clock In the morning and 7
In the evening.
Attend Rosenthal's shoe sale.
I dropped. If Coogress legislates and j university
Dr. Julius Christian Zeller to Head
University of Puget Sound.
TACOMA, Wash.. Aug. 18. (Spe
cial.) Dr. Julius Christian Zeller, of
Bloomington. 111., has been elected
president of the University of Puget
Sound to succeed L. L. Benbow, re
signed. lr. Zeller, who Is 37 years old, comes
highly recommended. For three years
the chairs of philosophy and sociology
in the , Illinois Wresleyan University
were held by him. and he has spent 12
years In the ministry. The retiring
president will probably remain with the
Cramp & Sons Lowest in Race
for Huge Battleships.
Prices for 26,0 0 0-Ton Craft Vary
From $4,500,000 Up But One
Ship to . Be Built in
Any One Yard.
WASHINGTON, Aug. 18. William
Cramp & Sons, of Philadelphia, were
the lowest bidder-s for constructing the
battleships Wyoming and Arkansas, the
two monster dreadnoughts authorized
by Congress.
They submitted two bids one at $4.
600.000 and another at $4,475,000. Only
one ship can go, however, to any firm
of builders. The New York Shipbuild
ing Company, of Camden, N. J., made
the next lowest bid at 14,675,000.
The Bethlehem Steel Company, the
Carnegie Company and the Midvale
Steel Company submitted to the Navy
Department Identical bids for furnish
ing the main portion of the armor of
the battleships Wyoming and Arkansas.
Their figures were for class A, $420 a
ton, for 11.486 tons. For the other
glasses, amounting In all to about 1500
tons, the bids varied.
Bids for the vessels were made under
two heads, class one being according to
the Navy Department's plans, and class
two the department's plans as to hull
and equipment, but with machinery sug
gested by the bidder. As a result there
were propositions for the Installation of
turbine coupled with reciprocating en
gines, and turbines combined with elec
tric motors. The speed promised gener
ally was 20V4 knots, under both classes,
but the New York Shipbuilding Company
also offered to build a vessel at 20
knots at $4,750,000, under class one and
at $4,875,000 under class two. ' Another
bid by the same company was for a 20H
knot vessel at J4. 780,000.
Bids submitted by the Newport News
Drydock & Shipbuilding Company were,
class one, $4,790,000, and two bids under
class two at $4,680,000 and $5,010,000, re
spectively. Eight hldsVame from the Fore River
Shipbuilding Company, all under class
two and ranging from $4,747,000 to
$5,097,000 I
These vessels are to cost $6,000,000 each,
exclusive of their armor and armament,
and are to make a high rate of speed.
The vessels are to be of 26.000 tons each,
the largest ever undertaken by the Amer
ican Naval establishment, the increase in
tonnage in this class of vessels being
from 20,000.
So Says Chicagoan, Who Would
Better American Race.
CHICAGO, Aug. 18, "I believe that a
little of the blood of the American In
dian mingled with that .of our own race
would produce a strain of manhood
which would be hard to equal."
So declared Professor William Matth
ews, of the department of sociology and
anthropology of the University of Chi
cago In a lecture yesterday. The subject
of his talk was "Race Prejudice."
"As people become better acquainted
with conditions as they exist," the
speaker continued, "the prejudice against
the races will gradually disappear, and
intermarriage will be common. The
prejudice of the future then will not be
bound up with the tint of the skin, but
with the degree of Intellectual develop
ment and occupation.
"In recent years a number of mar-
mi Jr.
The salient features of the i
Tailor-Made Suits for Fall
are the elongated Waists,
close figure lines with par
ticularly snug 'hip low -front )
lap, full length sleeve, hip '
yole effect on skirts, with a i
reduction in high belt mount-
ing. These features make
the garment severely plain,
but of a quiet elegance.
To this should be added a
strong revival of materials
of soft textures in fancy or ,
semi-fancy weaves, Zibe
lines, Camel's hair, serges
and diagonals. To this
must be added a very marked
tendency to fabrics used for
men's wear. Indeed, most
of the finer suits, such as the
Pellard imported suits, are
tailored mostly in men's wear
fabrics. Colors are notably
dark, but of indifferent shad
ing, classified as pastel.
Most of the models show the
development of the Moyen '
Ase features which will be
felt in all Fall costumes and
Especially Interesting to
Tourists and Travelers
.Sr.: ' " i tt - .
if S 3
rlages have been recorded between the
Japanese and the Americans. I see no
reason why this should not go on, and
I do not believe the result would be
harmful to our standard of life. The
Japanese have shown themselves to be
our equals In many ways, and a little
mixture of their blood into our country
men would be a good Idea. I believe,
however, that the talked-of cross be
tween the negro race and the American
would be too violent, and It would not
meet with success."
Joint User Bridge Wanted.
HOQl'IAM, Wash., Aug. IS. (Special.)
A committee appointed to confer with
the Vnion Pacific officials regarding the
erection of a Joint user bridge to be built
by the city and railway company in
structed the chairman to demand a Joint
user bridge and pledged the city's share
for the cost of construction. Three ways
of raising the funds were discussed, but
no final action was taken In the matter.
The committee also recommended a single-deck
Sir Fred-rick Treves considers that w i hsvs
rractlcnlly reachfd the therapeutic limitations
Sf the X-rays, the high frequency current an l
the Flnsen llcht. but that In radium we stl.i
have unexplored neld of ujetulneM.
Your Piano Is Worth
More Now in Exchan;
Than It Will Be Worth in the Fall
If it is in your mind to buy a Pianola Piano
next Fall, and
If you have at present a piano that you will
want us to take in exchange
Then it will pay you to see us NOW.
We have an enormous stock of these magnificent instru
ments on hand never heretofore, not' even in New York,
has it been possible to show such a tremendous number of
latest Pianola Pianos of each of the various styles and in
the various superb and costly woods and finishes used only
by the world-renowned makers of this magnificent art
Never again will Portland witness a showing of so exten
sive and superb a variety of styles and designs.
There's many a "silent" piano in many a home, where
there ought to be a Pianola Piano a genuine Pianola
Piano an instrument that is not "mechanical," but, on
. the contrary, makes it possible for every member of the
family to produce the choicest music with perfect individ
uality and expression. '
N We are now prepared to take such "silent pianos" in
part payment for one of these very latest Metrostyle and
Themodist Pianola Pianos, and we will make it an object
of any owner of such old-style piano to do business with
us now.
It is an object with us to receive exchanged pianos at
this time so that we can have the quiet Summer in which
to thoroughly overhaul them and keep our repair shops
busy. '
'. Will arrange most unusually liberal terms of payment
for any responsible buyer not wishing on the spur of the
' moment to pay the difference in cash.
If you ever expect to own a Pianola Piano, now is the
time to see about it at Eilers Piano House, Retail Depart
ment, "The Always Busy Corner," at Park (Eighth) and
Washington streets.