PRICE FIVE CENTS. PORTLAND, OREGON, FRIDAY, AUGUST 27, 1909. MEXICAN YIELDS TEST TO BE SPEECH, NOT GOLF, SOUTH BEND BOY IS LYMPIA SENATE MILLIONAIRE SEEKS T LETS NOT TO SPANIARD THOUGHTKIDNAPED RADIUM DEPOSITS TIIOS. F. WALSH GIVES CHECK TO SCHOOL OF MIXES. FAILS TO GOUT TO ENGAGE TAFT RIGHT SLIP AMBASSADOR DECLINES TO GO TO BANQUET AT TOLEDO. DILIGEXT SEARCH FAILS TO REVEAL SLIGHTEST TRACE GDUR OF GOASTWISELHW my Railroad Gets Use of Harbor Front. DECISION UPSETS STATE LAW Alarmists See Way for Monop oly of Harbor Sites. COURT DIVIDED, 5 TO 4 Minority. Opinion Asserts Decision Is in Direct Violation of Consti tutional Provision Which Pro Tides for Harbor Reserve. OL.TMPIA. Wash.. Aug. 26. (Special.) One of the Harrlman railroad companies won a decision in the Washington Su preme Court today which alarmists de clare will give an absolute control of the state deep waterway harbors to the rail roads. Five members of the court signed the decision, and four members, includ ing Chief Justice Rudkln. declared that the majority opinion was In direct viola tion of the Constitution and of the statute laws of the state. A novel feature of the decision lies In th fact that while millions of dollars' worth of state property are Involved by the rule announced, the state was not a party to the litigation and had no oppor tunity to protect Its Interests. Constitution Is Specific. Twenty years ago when the state Con stitution was framed the members of the convention determined that the state should for all time control its deep-water harbors. In article 1, of section 15, of that document It was provided that in front of and for a mile on either side of each incorporated city on tide water there should be laid out a harbor re serve. The shore line of this area should be the line of tow water, and the sea line should be 600 feet seaward from the shore line and parallel thereto. The Constitu tion provided this area should never "be sold or granted by the state nor Its rights to control the same relinquished, but such area shall be forever reserved for land ings, wharves, streets and other con veniences of navigation and commerce." Statute Emphasize Point. To emphasize further this reservation, the statute laws of the state which give transportation companies the right to condemn lands for rights of way, etc., distinctly recited that such right should not extend to harbor areas. At Aberdeen recently the Puget Sound & Grays Harbor road, a Harrlman line, recently brought suit to condemn a right of way across lands owned by I. Helme. The lower court permitted the condemna tion. Helme took an appeal to the State Supreme Court, contending that the right of way as projected crossed from his land osto harbor area upon which latter the laws and constitution prevented railroad encroachment, and therefore the railroad would not need the Helme land because It could not carry out its projected ex tension. Five Judpes Kxponnd lair. In the Helme case, five members of the Supreme Court signed a decision filed today that the railroads may ac quire rights of way across harbor area, holding that the constitution framers, not anticipating the enormous growth of the state, could not have designed to have their document read ino narrow a way as to bar railroads. Four Judges dissent, declaring the majority opinion Is in direct violation of the constitution, and that a railroad right of way crossing harbor areas will actually be a detriment to commerce rather than an aid. Ever since statehood the state offi cials have been successful In enforcing: the rule as laid down by the minority opinion. The miles of docks at Seattle. Tacoma and elsewhere on tide water have been held absolutely in ownership of the state, although large areas of the harbor are under lease by the state to wharf owners. State May ISeopen Case. That the state authorities will at tempt to have the case reopened so that the Interests of the state may be pre sented is assured by statements made today by Attorney-General Bell and Land Commissioner E. W. floss. It is pointed out here that if this decision holds the Land Commissioner will have absolutely no option under the law to prevent the issuance of any leases of harbor areas for which the railroads may apply. The railroads may come In and apply for leases cov ering large sections of the waterfronts of Seattle. Tacoma and other cities and install tracks to control the entire har bor. The majority opinion was signed by Judges Gose, Chadwick, Fullerton, Morris and Farker and the dissenting opinion by Mount, Rudkin. Dunbar and Crow. SKINS IN GOOD CONDITION Spoils of Roosevelt's Hunt Unpacked at National Museum. WASHINGTON. Aug. 26. The skins sent by Colonel Roosevelt from his Afri can hunting trip -were today unpacked at the National Museum. The speci men were in salt and in good eoodiUan. Declares Pitchblende May as Well Be Found in Colorado as Any where, and Makes Appeal. DENVER, Colo., Aug. 26. Thomas F. Walsh, millionaire mine-owner of Colo rado, has manifested his interest in radium by a benefaction to the Colorado School of Mines at Golden of a check for 15000 to be used in testing samples of pitchblende for the rare metal. Free tests will be made of all samples sub mitted and the results will be kept con fidential. Mr. Walsh, in sending the donation to Dr. Victor C. Alderson, president of the school, makes an appeal to prospec tors and mine-owners of the state, re citing that Austria at present has a monopoly on the production of pitch blende, from which radium is made, and asking that diligent search be made in Colorado for this rare deposit, which, he says, may as well be found in that state as anywhere else. He sends out a call to his "brother prospectors and mine operators" to look for this mineral and believes that by so doing great re sults will be brought about. President Alderson stated that to a limited extent his school is ready to furnish responsible persons with, sam ples of pitchblende to aid in familiariz ing prospectors with Its appearance. SEND WILSON TO MEXICO Washington Diplomat Offered Post Thompson Wishes to Resign. WASHINGTON. Aug. 26. Henry Lane Wilson. United States Minister to Bel- glum. It Is said, will be appointed to succeed David E. Thompson as Ambas sador to Mexico. Some time ago Mr. Thompson notified the State Depart ment that he would like to be relieved, but he was prevailed upon to remain In Mexloo until the question of his suc cessor was settled. No announcement has been made relative to Mr. Wilson's successor at the Belgian post.' During President Harrison's adminis tration, Mr. Wilson declined the post of Minister to Venezuela. From 1885 until his entrance into the diplomatic corps, he practiced law at Spokane, Wash. Henry L. Wilson Is a brother of John L. Wilson, of Seattle, ex-Senator from Washington and proprietor, of the Se attle Post-Intelligencer. His first di plomatic appointment was as Minister to Chile in 1897. through his brother s influence. He was transferred to Bel gium in 1905. SHOOTS SELF BEFORE WIFE Mystery Involves Suicide of Lewis Kinney, of Heppner. HEPPNER. Or., Aug. 26. (Special.) In the presence of his wife, who vainly pleaded with him to desist from his rash intent, Lewis Kinney, a prominent busi ness man of Heppner, shot and killed himself today, 'fc , miles from here on Willow Creek. As yet the motive is un known, i Mr. and Mrs. Kinney had gone to the mountains for an outing several days ago. It Is said Kinney had been hunting deer Just before the tragedy occurred, and shot himself In the mouth with his rifle. The remains were brought here and a preliminary inquiry was held by the Coro ner, who refuses to make known the re sult further than to say the case was one of suicide. An inquest will be held to- COOK AND $700 VANISH Clatsop County Ranchers Lose Gold Burled in Tin Can. ASTORIA, Or., Aug. 28. (9peclal. Kel ler Brothers, who have leased yhat is known as the JefTers ranch on the Lewis and Clark River, were robbed last eve ning of 1700 In gold and B. E. Powell, a Brazilian, who was employed as a cook on the ranch, is suspicioned of having committed the theft. When Mr. Keller returned to his home after .completing milking, he found that Powell, who was supposed to have been preparing supper, had disappeared. The house had been ransacked, supposedly In search for valuables, and $790 In gold that was kept' In an old can and buried behind the chicken house, was gone. No trace of the alleged thief has been found. NOISE SCARES RUSSIAN Consul-General Hears Tire Blow I'p; Thinks It Is Bomb. NEW YORK. Aug. 26. A loud report Just behind his auto caused Baron B. Schlippenbach, the Russian Consul-General, to turn pale and leap from the ma chine on F1fth avenue this afternoon and to grasp the arm of Parolman Aleck Nlttel. "He thought it was a bomb," said Nlt tel, in relating the Incident, "but it was only the explosion of one" of his rear tires." OTHER WOMAN IS CAUSE Cattleman Kills Wife, Then Him self, When Letters Are Found. CARLSBAD. N. M., Aug. 26. At an eArly hour tonight Ed Moreland, a wealthy cattleman, shot and killed his wife and then committed suicide. Mrs. Moreland. It is said, was about to leave her husband because she found a number of letters In his pocket from an other woman. President Decides to Address Public Here. GAME WITH BOURNE EXPUNGED Executive to Meet People in Armory Saturday Afternoon. HE WILL LAY CORNERSTONE Natron's Chief to Preside at First Cniversallst Church Ceremony Sunday Mayor Receives Ap proval of the Programme. OT TUNE OF PROfiBAMME AP rBOi"ED BY PRESIDENT TAFT. Arrive at Union Depot 7 A. M. Saturday. October 2, to be met by memhen of reception committee and military and escorted to Hotel Port land for breakfast. After breakfast, to pass forenoon motoring about the city. Luncheon at Hotel Portland at noon, which may be private, if the President so desires. Saturday afternoon, -President will speak at Armory, when the general public will be admitted." In the evening-, banquet at Hotel Portland, at which 360 will be pres ent Sunday afternoon President ' will lay cornerstone of First Unlversallst Church, of which Dr. James D. Corby Is pastor. At 0 P. M. Sunday. President to leave Portland for the South. , i President Taft will not play golf with United States Senator Bourne while In Portland Saturday, October 2, .but Instead will give his time and attention to the public by delivering an address In the Armory and attendng a reception there. This Is definitely settled by a dispatch from Secretary Carpenter, received late yesterday afternoon by Mayor Simon. This makes victory for the Mayor and the local committee on arrangement complete, and insures the public an op portunity to meet the President and hear him, as was desired by the committee in the first place. Secretary Carpenter's telegram was in response to the message sent him by the Mayor Wednesday after noon, strongly urging the President to consent to appear at the Armory, and plainly stating that he would disappoint many thousands of Portland and Oregon people If he did not afford them an op portunity to see and hear hlr-. To .Lay Cornerstone. According to the' telegram from Secre tary Carpenter, President Taft will give the public all possible Attention and con sideration, and among other things will lay the cornerstone of the First Uni versallst Church, instead of attending divine worship on Sunday. Secretary Carpenter's latest telegram is as follows: Hon. Joseph Simon, Mayor, Portland, Or.: President has been Invited to lay corner stone of Universallst Church, Portland, Sun day, October a He will do this Instead of going- to church. Please have programme Include this. Saturday afternoon he will not play golf, as It requires more time than he will be able to give during- his Portland visit. PORED W. CARPENTER, Secretary. Approval Pleases Mayor. "I am heartily pleased," said Mayor Simon as he gave out the latest tele gram from the President's secretary. "Now, the publio will have an opportun ity to see and hear the President. This Is what the committee has been striving for ever since Its first meeting. It is a wise decision on the part of the Presi dent, and one which will be greatly ap preciated by the people of Portland and Oregon. We will now be able to proceed with the programme as originally out lined, and every one will be satisfied." President Taft originally had an en gagement with Senator Bourne, who has all along Inferred that he is to be the President's host In Portland. Telegrams from Senator Bourne have been received here and have been seen by several prom- ! lnent men, in whioh Bourne declared that the President would be his guest while j here. When the first telegram from , the President's secretary said there would be no afternoon meeting at the Armory, it became apparent that Senator Bourne figured for a golf game that afternoon, and the Mayor and members of the com mittee proceeded to show the President that It would be a grievous disappoint ment to the people here If he should fail to appear In publio. These messages, the last one of "which was very strong, evi dently convinced tne Executive that it would be wiser to devpte his time to the public than to playing golf with Bourne. Puzzling Problem' Solved. 'Mayor Simon and the members of the local committee on- arrangements have tided over and brought out a very satis factory situation from what, for a time, threatened to be a vexatious problem, and have won a great victory for Port land. They will now have only the task of completing details for the President's i visit, for which they have ample time, as he is not due until Saturday, October 2, at 7 a. m. ' It was at all times well understood (Concluded en Page 7.) Older Brother Recently Received Letter Demanding 3Ioney and Connection Is Feared. SOUTH BBND, Wash., Aug. 26. (Spe cial.) Last Saturday little Johnny Stop plemann, the ' young son of one of the leading citizens of this city, disappeared, and all efforts to find him have proved fruitless. ' An element of mystery attaches to the case by reason of the fact that a few weeks ago an older brother of the little boy received an anonymous letter bear ing a skull and cross bones, and demand ing that a certain sum of money be left In a certain place at a designated hour. No attention was paid to this letter, and it is feared the disappearance of the little boy may have some connection with this. A playmate of the boy said he had seen him leave one of the city docks about 4 o'clock . Saturday. J. J. Clark, of Bay Center, says he saw the youngster about 5 o'clock Saturday going to his father's store, ihls is taken to preclude the theory of drowning, but the most diligent search in all directions has failed to disclose any trace of the boy and the kidnaping theory is rapidly gaining ground. Mr. Stopplemann, a wealthy, mer chant here, is sparing neither his physical nor financial resources to find his young est son. CHAMBERLAIN MAY RETIRE Senator Says He lias AVorked Hard for the People "for an Age." SPOKANE, Wash., Aug. 26. (Special.) Senator Chamberlain, of Oregon, asked tonight If he would again enter public life at the close of his present term as Senator, replied that he would retire. "When I look back over the length of time I have followed a public career it seems an age," he said. "I have worked hard in the service of the people and I am now ready to retire from public life at the end of my present terroas Sena tor for the state of Oregon." Chamberlain, who Is a member of the party of Senators Inspecting Irrigation enterprises, stated this morning that the Government Is advancing a great many projects In Oregon. "We have a Government project of 250, 000 acres at Klamath Falls under course of construction and one at Hermiston, in Umatilla County, of 25,000 acres. "Under the Carey -actwe have a pro ject under way of 360,000 acres in Crook County. This, however, Is being devel oped by a private concern." FOUR-MASTER IN DISTRESS Schooner Battles With Heavy Seas South of Flattery. HOQUIAM. WTash.. Aug. 26. (Spe cial.) Captain Manter, arriving tonight from Cape Flattery with a rock barge of the James Griffiths & Sons' fleet. requested Superintendent Captain Frank Bistrom to ask the Puget Sound Tug boat Company to hasten a tug to a point about 30 miles south of Cape Flat tery, where he observed a schooner rigged fouV-masted vessel headed north and evidently in distress. Mnnter did not get In close enough to Epeak the schooner, and could not drop his tow to go to her on account of a heavy swell and a surf m-sfiore Kale. Captain Bistrom telegraphed the Pu get Sound Tugboat Company as re quested. Manter is still bar-bound out side. PRATT TO PROBE PAN TANS Spokane Executive Appoints Five Prominent Citizens. SPOKANE. Wash. Aug. 2. Mayor Pratt today appointed a committee of five prominent citizens to investigate the Panta Pantois' secret political society, al leged to have heea organized to serve personal and special j interests by secur ing the appointment of its members to public offices. The Mayor has had the proposed In vestigation under consideration for some time. He urges the committee, all of whom have agreed to serve, to make thorough and impartial inquiry. Testi mony will have to be voluntary, as the committee has not power to subpena witnesses. ONLY BATHING SUITS LEFT Fire In Hotel Burns Raiment of Guests While They Swim. NIAGARA-ON-THE-LAKE. Ont., Aug. 26. The Strathcona Hotel at Chautau qua Park, a landmark, was destroyed by fire today. The 150 quests lost all their belongings. There were several narrow escapes. Possibly. 50 persons from the hotel were in bathing or on thegolf lings or tennis courts when the fire started. Several women lost all their clothing except the bathing suits they were wearing. FIRE WASTES Y0SEMITE Destroys Many Beautiful Nooks in Western Part of Valley. TOSEMITE, Cal., Aug. 26. A lira swept through the western part of Yo semite Valley this afternoon and to night and many beautiful nooks were destroyed. The artillery guard fn the valley was called on for assistance in lighting the flames, tut at 10 o'clock tonight the fire was still spreading. Schively Escapes by Two Votes. . GRAFT CHARGE IS STRONGEST Solons Unanimous in Reject ing Perjury Count. ELEVEN BALLOTS TAKEN When Result 19 Known Smiles Spread Over Face of Defendant, and Friends Gather to Extend Their Congratulations. OLTMPIA, Wash., Aug. 28. (Staff Cor respondence.) John H. Schively, Insur ance Commissioner of Washington, stands unconvicted by the Senate sitting as an impeachement court of high crimes and misdemeaenors and malfeasance in office. The lifeline that saved the Insurance Commissioner was the technicality. He was not Insurance Commissioner in fact, but a deputy, when the extortion of money from insurance companies was al leged to have been committed, and the only other charge dealing with his con duct since Commissioner, that of perjury before the Spokane grand jury, failed signally when the evidence was produced. Vote Close on Graft Charge. The vote that came nearest to the Impeachment of the Insurance Commis sioner lacked two of the necessary two thirds of the Senate members, and wes taken on article 24. which charged him with malfeasance in collecting salary as Deputy Congmissloner when he was under pay as president of the Pacific Livestock Association and In recommending the company by letter as Deputy Insurance Commissioner when he knew it was in solvent. On the perjury charge every member In the Senate voted "not guilty," and so decisive is this action as to the failure of evidence' to sustain the Spokane charge that it is predicted here that Schively will never be brought to trial before the Spokane courts on the grand Jury indictment that Is still outstanding against him. How Members Voted. The roncall on the article 24 was as follows: Guilty Allen, Anderson, Ar rasmlth, Bassett, Blair, Booth, Brown, Bryan. Cameron, Cotterill. Cox. Davis, Falconer, Fatland, FiBhback, Hutchinson, McGregor, Metcalf, Myers, Paulhamus, Poison. Rosenhaupt, Rydstrom. Smith son. Stevenson, Stewart 26. Not guilty Eastham, Huxtable, Kline, Knickerbocker, McGowan, Minkler, Piper, Potts, Presby, Roberts, Smith, Whitney, Williams, Ruth 14. Vote Varies Greatly. On nearly' every other rollcall the votes varied. McGregor, Tavls, Ryd strom did more switching back and forth than the others, although on one other article. No. 22, in which Schively was accused of extorting $60 from a Spokane company, the vote stood five for conviction and 35 for acquittal. The impeachment court listened to ar guments on the. case from 9 o'clock this morning until 5 this afternoon, and then took a recess until 7:30. When the court convened In the evening the Senate gal leries were packed wU.. Olympla resi dents, nearly all of whom, felt kindly to ward the respondent, not altogether on account of himself or a belief in his in nocence, but largely out- of sympathy for his estimable family. Hutchinson's Delay Angers. But for 1 hour and 20 minutes the Sen ate was kept waiting for Senator Hutch inson, of Spokane County, and while pro ceedings were suspended, numerous Sen ators voiced their Indignation against such actions on the part of the one in dividual. In the effort to find Senator Hutchinson a resolution was adopted calling in the assistance of the Olympla police depart ment, while the- Sergeant-at-Arms was authorized to swear In 20 additional as sistants to aid him In the search. Pending the result of these endeavors Senator Alien declared his willingness to Introduce a resolution expelling Hutchin son as a member of the Senate If he thought the Constitution gave the Senate as an Impeachment court such authority. Senator Booth arose and declared that in his opinion the Senate had such author ity, although the Legislature had ad journed. Senator Allen introduced the resolution, but action was deferred until Senator Hutchinson could he found. In the course of the consideration of his absence, Allen declared- that the Spokane Senator had given additional cause for giving him the sobriquet of "slippery Dick." After more than an hour had elapsed, Hutchinson was found on the street, wending his way toward the Capitol. Immediately on his entering the Sen ate, Williams of King whispered some thing In Hutchinson's xear and Hutchin son went white with passion.- Rising to a question of personal privilege, he said he understood that some Senator had referred to him as a cur. "This hot air gave me a headache this afternoon," he said, "and I took a walk of three or four miles, thinking to get back here after all the hot air that I (Concluded on Page M ' Rather Than Give Precedence to Mere Minister, Haughty Dip lomat Stays Away. TOLEDO, O., Aug. 26. Marquis de Villalobar, . Minister from Spain, was the guest of honor at a banquet to night as the culmination of his visit to Toledo to attend a carnival. The attendance of Don Francisco de la Barra, Ambassador from Mexico, who had accepted an invitation, was pre vented by an unfortunate misunder standing as to precedence at table. After he had agreed to come, the Spanish Minister received a communi cation as the direct representative of King Alfonso, and as such took the ground that he was entitled to prece dence. Senor de la "Barra, because of his superior diplomatic rank, declined to concede the point and cancelled his engagement. WASHINGTON, Aug. 26. Senor de la Barra, Ambassador from Mexico, was reluctant tonight to discuss the reason for his failure to attend the Toledo banquet. He said, however, that his stand was entirely in accord ance with the obligations of interna tional practice, which he could not set aside through motives of a mere per sonal nature, nor through courtesy. His rank of Ambassador, he ex plained, did not permit him to yield precedence to a Minister, a rule of conduct In international etiquette that had universal sanction. CHILDREN CLIMB MOUNTAIN Three Girls, One Aged 5, Keach Summit of St. Helens. KELSO, Wash., Aug. 26. (Special.) Hilda Hubbell, five years old, by climb ing fo the summit of Mount St Helens last week has won the distinction of be ing the youngest child who has ever actually climbed the mountain. Not be ing able to write her name she laborious ly printed It on the roster at the moun tain top. Her slst'er Helen, aged 6, and Mildred Leischardt, aged. 8, made this the largest party of youngster mountain climbers on record. All the little folks are from this place. Mr. and Mrs. B. L. Hubbell, Mrs. A. Leischardt, and Archie Linville ot Kelso; Miss Lindberg, of Portland, and Miss Eaton of Yacolr. composed the others of the party. They returned from the trip yesterday. WORK HAVOCJVITH MOORS Spanish Artillery Kills Hundreds. Moors Mutilate Prisoners. LISBON, Aug. 26. Special dispatches received here from Melllla say the fight ing is general on the Moroccan coast. The new Spanish artillery has wrought terrible havoc among the Moors, who have lost 1000 men In the last three days. The Spanish casualties amount to 350. A Spanish column has destroyed three villages near Restinga. A Moorish, deserter who has come into the' SpaniEh lines declares the Spanish prisoners, after being horribly tortured and mutilated, are decapitated and their bodies flung Into a hole on Mount Gu ruga. Estimates place the number of Spanish prisoners at 1010. The water eiiig doled out to .the Spanish troops Is Insufficient, and driven by their overwhelming thirst they have drunk from stagnant pools. Many cases of poisoning have resulted. Already oil men have died from this cause. CONTESTANTS VERY CLOSE At Camp Perry High Score Is 140, 100th Man 131, and 2 00th 128. CAMP PERRY, O., Aug. 26. Six hun dred and twenty-four contestants took the range this morning in the National Individual match next to the National team match the most important event of the rifle shoot here. The statistical office announced it would not Issue any bulletin of the standing of the contests until tomorrow. At the end of the rapid-firing test it was officially stated, however, the high est score was 140 and that the 100th man had made 131 and that the 200th was only three points lower 128. BABIES QUEERLY STRICKEN Over 2 00 Brooklyn Children nave Form of Infantile Paralysis. NEW YORK. Aug. 26. More than 200 children In a limited district of Brooklyn have been stricken within the last few days with a form of Infantile paralysis. Not even the healthiest children are im mune from the epidemic and bottle-fed babies seem the most susceptible. Physicians believe many of the victims will be crippled for life. Great diffi culty heretofore has been found in check ing the disease because little has bfen known about its cause and nature. FLEET 0F18 EVOLVES Huge Battleship Squadron Maneuv ers Off Virginia Coast. NORFOLK, Va., Aug. 26. With the At lantic battleship fleet augmented by the armored cruisers- North Carolina, Mon tana and New York, which rejoined the fleet today. Rear Admiral Schroeder was in .command of 18 ships the pick of the American Navy while these vessels en gaged In battle practice and mimic war evolutions on the southern drill grounds off the Virginia coast. Shipping Men to Force It Into Court. STATUTE WILL BE BROKEN Foreign Ship to Bring Coal From Ocean to Ocean. FIGHT THROUGH COURTS Owners of Vessel and Cargo Will Ilisk Fine and Prison to Prove Any'Man May Violate Law If Government May. SAN FRANCISCO. Aug. 26. Risking fine and imprisonment, the owners of a foreign vessel and consignees on the Pacific Coast will enter Into a contract to transport coal from one American port to another, in order to bring the Federal coastwise navigation l.-.ws to test In the courts, on the ground that the act of an individual is no more a violation of the statute than the prac tice of the United Slates Navy Depart ment In chartering alien-owned colliers to carry cargoes between Atlantic and Pacific Coast points. The specific act by which the coast wise laws will be placed on trial will by the charter by a Pacific coal com pany from Harry S. Bates of a foreign bottom to carry 6000 or 6000 tons of coal from Baltimore, Norfolk or Newport News to a Pacific Coast port. Will Fight to Highest Court. The case will prove one of the most singular which has ever been brought to issue in the history of American Juris prudence, and it is expected that it will attract the attention of the entire world. It will be most bitterly fought, as it is the intention of both the owners of the vessel In question and the consignees to carry- the controversy to the highest court in the land. Whether the Supreme Court of the United States will condone the action of the Navy' Department in violating the coastwise laws on the ground that "the king can do no wrong" of course re mains a conjecture, but It is certain that every effort will be made by the shipping interests to extend to the owners of the vessel and the consignee all of the pre rogatives whioh are now enjoyed by the governmental department. ilow Government Breaks Law. The basis for the action lies in the charter by the Navy Deportment of it foreign vessels to carry coal from Balti more, Norfolk and Newport News to Pa- i Concluded on Page 5.) INDEX OF TODAY'S NEWS The Weather. yESTF.RDA Y'S Maximum temperature, 69.2 Uegreet,; minimum, t0. 8 (It-Kites. TODAY'S Fatr; warmer; westerly winds. .Foreign. French bark Gael, bound for Portland, wrecked oft Australian coast. Page 4 Latham beals world s record for speed, dis tance and time In airship flight at Kheims. Page 4. Cholera taken to Holland from Russian ports. Page 5. National. Rumored Davis K. 1 hompson, American Ambassador to .Mexico, has bought ran ama Railroad. Page 6. Taft and Alrirlch confer on monetary re form Page 7. Graft in cement and paint supplies charged against ranama Canal. I'age 5. Iome,tl. Daniel T. Ames, handwriting expert, is dead. Pege 4. American Bar Association declares for re form In state courts, rage 6. Harriman rests at Aiden. chafing at inac tion. Page 6. Food Commissioners' convention approves use ot benxoate of soda. I'age 8. Thomas F. Walsh starts movement to pros pect for radium ore In Colorado. Page 1. Evidence that men were forced to work at Preyed .Steel Car "Works. Page 7. Mexican Ambassador refuses to attend ban quet because Spanish Minister claims precedence. Pago 1- San Francisco mining man conit..- iu markable bond swindle. Page 5. Tactile Northwest. Senate falls to convict Schively. Page 1. O. R & N. makes reply to charge wheat rates are excessive. Page 9. Conservation congress has calm session In Seattle. Page 9. South Bend boy believed to be kidnaped. Page 1. Man goes Into well to rescue brother, and both die In cave-in. Page 4. Sport. Northwestern League score: Portland 5. Tacoma il; Aberdeen t). Spokane 4; teat tie 3, Vancouver 1. Page 8. Coast League scores: I.os Angeles T. Port land 1: Oakland B; Sacramento 2: San Francisco 3, Vernon 1. Page S. Clothier wins finals In National tennis match and will play Larned for cham pionship. Page 8. Commercial and Marine. Nearly all grades of wheat lower in local market i'age 19. Late rally In Chicago wheat market. Page 19. Prices fall sharply In stock market. Tags 19 Commissioner of Navigation Elves ruling on the proper marking of quarters on French vessels. Pag: IS. Portlnad and Vlrlnitj. Taft expurges golf game with Bourne to give speech In Armory here. Page 1. Mrs. Collins' counsel tiles demurrer to mur der indictment, saying grand Jury is in competent. Page VI. East Slders oppose change of proposed type for Broadway bridge. Page 1-. Oregon Trunk, urged bv court Deschutes decision, seeks lower river right of way. Pase is. County Court wants BoHam to Rive larger l.ond to prote :t county In poorfarm suit. Page V-'. Mrs. Annie Besant says world Is In dawn of new era In whicn great religious teacher will appear. Page 14- 7 '