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 '