ists' tools were stolen from the Alaska
CHI TRY LIBEL
J HEAD OF 'NATIONAL GEOGRAPHICAL SOCIETY SUSPENDS
i JUDGMENT ON PEARY-COOK CONTROVERSY.
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CUPID PLAYS HOB
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Judge Anderson Says Govern
- ment Can't Remove Men
to Washington.
PRESS SHOULD CRITICISE
Court Holds Attack on Canal leal
Was. Not Libel, and, if It Were,
Trial Should Be Wiere
Paper Is Published.
INDIANAPOLIS. Oct. 1?. -Judge A. B.
Anderson, of the United States Court, to
day dismissed tbe proceedings against
Delavan Smith and Charles R. Williams,
proprietors of the Indianapolis News, who
were resisting removal to the District of
Columbia for trjal under a grand Jury
Indictment charging them with criminal
libel In publishing articles alleging that
there was a corrupt profit of I2S.0OO.OOO
In the sale of the Panama Canal to the
United States.
Duty to Tell Truth.
"That man has read the history of our
institutions to little purpose." said Judgo
Anderson, "who does not view with ap
prehension the success of - such a pro
ceeding as this, to the end that citizens
could be dragged from their homes to the
District of Columbia, the seat of Gov
ernment, for trial under the -circumstances
of this case. The defendants are
discharged.
"I believe the fact that certain per
sons were called 'thieves' and 'swind
lers dues not constitute libel per se.
A newspaper has a certain duty to per
form. As a former President had said,
It is the duty of a newspaper to print
the news and to tell the truth about It.'
It is the duty of a newspaper to draw
inferences for the people.
Peculiar Facts About Canal.
"Now, there were many peculfar cir
cumstances about the whole Panama
Canal business. The revolution in
Panama, the circumstances concerning
it, were unusual. The people were in
terested in the construction of the
canal. It was a matter of great pub
lic concern; a portion of the people
favored the Nlcaraguan route; anotsr
portlon, those who were Interested n
It. officially and personally Just inter
ested preferred the Panama route. A
committee was appointed to investigate
and report tne relative merits of the
two routes. They investigated and re
ported in favor of the Nicaraguan.
Shortly afterwards they changed to
Panama.
"Up to the time of that change, as I
gather from the evidence, the' lowest of
fer that had been suggested as the one
at which the Panama property the prop
erty of the Panama Canal Company
could be procured was something over
$109,000,000. Then rather suddenly it be
came known that it could be procured for
no.ouo.ooo.
Just Ground for Suspicion,
"Now. there were a number of people
who thought there was something wrong.
A committee of the United States Senate
was appointed to Investigate these mat-
ters. The committee .met, as stated in
the article. thS men 'who knew all about
It.' William Nelson Cromwell, upon
having certain questions put to him.
stood upon his privilege as an attorney
and refused to answer. To my mind
that was juet ground for suspicion. I
am suspicious about it now.
"Here wai a newspaper printing the
news, or trying to. ' Here was this mat
ter up for discussion, and I am not will
ing to say that the inferences were too
strongly drawn.
Slight Ground for llemoval.
"This indictment charges the defend
ants with commission of a crime In the
District of Columbia. Now, the Con
stitution of the United States, in one of
the amendments, provides that the ac
cused shall be tried In the state or dis
trict where the offense is committed.
"The Indianapolis News Is owned by
these defendants, conducted and pub
lished bv them, printed by them, in In
dlanopolis. At the time covered by this
indictment it had a daily circulation
of about 90.000 copies. All but 2000
were circulated and disposed of in the
State of Indiana, some four or five hun
dred more in one or two of the ad
joining states, and to the District of
Columbia there were sent by mail about
60 copies to subscribers or persons who
ordered them sent. The defendants
have no agent or bureau or office and
maintain no agent or bureau or office
in Washington.
Crime Wherever Paper Sent.
"So the question Is. do the defend
ants, when they prepare and publish
60 copies in the city of Indianapolis and
deposit them In the United States mall
to be transmitted by mall to B0 sub
scribers in Washington, do they pub
lish those 60 copies in Washington? If
they do. if they did, the court has jur
isdiction of the offense. But if they
did not. then the court has. neither
Jurisdiction of the offense nor over
the defendants.
"Everything that the evidence ahows
that the defendants do or did. they do
and did In the State of Indiana. City of
Indianapolis. I have thought about this
thing a good deal and it seems to me I
am compelled to take one of two views,
and there ls nothing between them.
Either when a newspaper owner or pro
prietor does what the evidence in this
cas- shows those defendants did. 'Com
posed, printed and deposited in the mails
for circulation" these papers containing,
for the purpose of this statement, libel
ous articles, either they are guilty here
and in every county, district or Jurisdic
tion into which these papers go, or they
are only guilty here. There Is no mid
din ground to take.
"When the defendants put these papers
containing those libelous articles Into the
Postofnce here in Indianapolis and they
went through the mails throughout the
country Into the various stateev counties
and districts of the United States, either
it became a crime, a separate and Inde
pendent crime. In every one of the coun
ties, districts or states into which the
papers went, or there was but one crime
and that was here.
"The counsel for the Government sup
posed a case where a paper Is deposited
in Indianapolis and circulated throughout
the $2 counties of Indiana. I asked
whether they could be prosecuted in every
county, and the counsel thought they
could and in the absence of this statute
they could. Then, suppose there was an
indictment in "Posey County. Would they
have the trial and prosecution in Marion
County? The counsel for the Government
thought they could. I do not think so at
all. I am so certain of it, I feel like
saving I know it."
The trial of the p'101'5" of th New
Tork World on a similar charge, but in
the defendant's own district court of New
York, is to be called within a month. It
is expected. There is. however, also an
indictment "c.y the grand Jury of the Dis
trict of Columbia acainst the New York
World- , .
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NEW YORK, Oct. 12. (Special
of the National Geographical Socle
on the subject of Dr. Cook, and
claims .to the Pole until a thoroug
he made. It had been Intended to
Moore has been chief of the Unit
and was born in Scranton, Pa., in 1
Meteorological Almanac and Weath
to scientific and other publication
WILLIS LCTHER MOORE.
) Willis Luther Moore is tbe head
i One Daughter of Portlander
Weds Secretly, Other Elopes
. but fiepents. . '
ty, which has suspended Judgment
Commandr Peary and their joint
h investigation of the matter can
present Dr. Cook with a medal. Mr.
ed States eather Bureau since io,
856. He is the author of Moore's
er Guide and has been a contributor
s on meteorological subjects.
SNOW COVERS EAST
Dig Up Furs in Middle and Mid
Western States.
BLIZZARD SWEEPS LAKES
Michigan and Superior Lashed Into
Mad Fury by Piercing Northern.
Gale Colorado Hurrying to
Harvest Apples.
CHICAGO. Oct. 12. While the Atlantic
and Pacific Coasts are basking in sun
shine, the Middles and Middle Western
States find comfort In furs. The first
chilly blasts of Winter have swept a
section from Manitoba to Kansas and
from West Virginia to Colorado. Most of
the states within this radius are covered
with the first snowfall of the Winter,
and accompanying the white flakes was a
piercing north wind that cut to the'bone.
From Manitoba comes the report that
the mercury has fallen to near xero; that
snow covers a large portion of the prov
ince to the depth of three inches. The
blizzard has raged in Duluth for two
days. A cutting wind Is driving in from
Lake Superior and the constant flurries
of mixed snow and rain have covered,
the streets and sidewalks with a thin
coating of ice. giving the city a Decem
ber appearance. In Detroit the tempera
ture hovered between-30 and 40 degrees
above zero. - A 30-mile wind prevailed.
Points In Ohio. Indiana and Illinois re
port a drop in temperature to from 40 to
20 above zero. Everywhere there is snow.
At Omaha. Lincoln and Norfolk, Neb.,
the mercury stands at 22 above. Des
Moines and other places in Iowa are cov
ered with snow and the northern gale
has sent the thermometer down to be
tween 30 and 22 above the zero mark. ' In
Kansas City, Mo., It stood at 28 above.
Other places in Missouri report the ar
rival, of Winter. Kansas prairies have
taken on a robe of white and the Sunflower
State has put op Its storm shutters. Ok
lahoma and the Texas Panhandle are
shivering. All of Wisconsin awoka this
morning to sweep paths through a six
Inch snow. .The temperature throughout
the Badger State ranges from 10 to 30
above. A howling north wind raged all
night.
The gale lashed Lakes Superior and
Michigan into a fury. The mad waters
washed the decks of the larger steamers,
and anxiety was felt for smaller craft,
but aside from a few tug and tow boats
dragging their anchor until they reached
the beach no damage Is reported.
Throughout the fruit district of Colo
rado business in the towns Is suspended
to allow the clerks and other employes to
help put the $1,000,000 apple crop out of
frost's way. Last night an overcast sky
saved the fruit, and by tomorrow the
largest part of- the crop will be safely
stored.
PERSONAL MENTION. .
Sol Durbln and wife, of Salem, are
at the Perkins Hotel.
W. B. Ewing. of Dallas, is registered
at the Hotel Portland.
T. R. Jones, of Denver, is registered
at the Portland Hotel.
F. H. Dean, of Baker City, is regis
tered at the Hotel Oregon.
F. Q. Youle, a merchant of Spokane,
is a guest at the Seward Hotel. '
Attorney H. M. Stephens, of Spokane,
Is a guest at the Seward Hotel.
V. T. McGillyenddy, of San Francisco,
Is registered at the Lenox Hotel.
E. F. Schuyler and wife, of Pendle
ton, are guests at the Perkins Hotel.
M. A. Baker, a walnut grower of
McMinnvllle, is a guest at the Imperial
Hotel. '
C. P. Richards and wife, of Berke
ley, Cal., are guests at the Lenox
Hotel.
vRolla C. Ralston, of Albany, is vis
iting Portland and stayingat the Cor
nelius Hotel.
G. W. Phelps, of Umatilla, prosecut
ing attorney of Morrow County, is vis
iting Portland with quarters at the
Imperial Hotel.
A. L. Darrow, a prominent business
man tf Sacramento, Is a guest at the
Nortonla Hotel.
R. T. Daniel, a prominent real estate
operator of Spokane, is registered at
the Cornelius Hotel.
Thomas R. Jackson and Albert J.
Edwards are Philadelphia tourists reg
istered at the Lenox Hotel.
Fred H. Taft, a prominent business
man of Santa Monica, Cal.', Is regis
tered at tne Nortonla Hotel.'
C. J. Cornelius, a merchant of Cas
cade Locks, is visiting Portland and
is staying at the Imperial Hotel.
Ed J. Shaw, a prominent business
man of Spokane, is visiting Portland
with quarters at the Hotel Oregon.
Mrs, O. F. Stafford, -..-Ife of Profes
sor Stafford of the University of Ore
gon, is a guest at the Oregon Hotel.
C, J. Butsch. a business man of Ta
coma, is visiting Portland this week
and has taken quarters at the Nortonla
Hotel.
Sam E. Mitchell, manager, of the
Peck-Judah Advertising Company, of
San Francisco, is registered at the
Nortonla Hotel.
FULL VALUES ARE TAXED
HARNEY COUNTY ASSESSOR SO
INTERPRETS STATE LAW.
Property Values Boosted From $2,
500,428 to $8,707,665, but
Taxes Are to Be Lower.
BURNS, Or.. Oct. 12. (Special.) The
listing Of property for assessment pitr
poses ln Harney County has undergone a
radical change this year In comparison
with the past few years. . County Asses
sor Donegan interpreted the law to mean
Just what it says, and realized it as his
duty to list property as nearly as pos
sible at its actual value.
To this end he asked and received aid
from the County Court to enable him to
go over the county, make a personal ex
amination, classify the property and list
it in accordance with Its quality and
value. Mr. Donegan, assisted by J. W.
Buchanan. a former Assessor, and
Charles W. Loggan, spent about four
months in the field, made plats of every
township, segregated the land as to Its
tillable and non-tillable character and
valued it accordingly. The change made
will appear in the summary of the tax
roll, which is now ready for the County
Board of Equalization. This summary is
appended for the year 1906 and for this
year as a means of comparison:
1909. 190S.
Acres tillable land $ 245.94s $ 71.580
Value tillable land 1.267.960 330,664
Acres non-tillable land. 691,574 755.677
Value non-tillable land. 1.214,450 1,086,430
Improvements deeded
land 287.2:0 113.215
Town and city lots.... 80.245 x32.235
Improvements, city lots ; 195,210 76.640
Improvements, on un-f
deeded land 1 1 28.875 9.995
'Eight miles Tel. and
Tel. line..- 3.946 1.81S
Steamboats, engines, etc 33.454 13.760
Merchandise and stock. 136.425 44,400
Farming imDl'm'nts, etc 64.975 82.636
Noi.'i and accounts.... 32.950 21,850
Monev 3.250 ..
Shares of stock 57,000 15.875
Household furniture, etc. 59.780 23.570
Horses and mules 6.4SS 5.254
Value 227.080 131.2.10
Cattle 48.418 44.443
Value 725.970 444.430
Sheep and goats 95.810 59.963
Value 287,430 119.966
Swine 645 639
Value 1.S85 1,912
Dogs 85 . 41
Value 470 186
Total .....$6,708,665 $2,600,428
In addition to the sheep assessed on
the roll belonging to resident owners
of other property the tax has been col
lected on non-resident owners and
roving bands to the number of 56,000
head, which have paid over $2900 in
taxes.
The assessment of the largest prop
erty owners is as'follows for the two
years: . .
1909. r 1908.
The Wm. Hsnley Cos.. .$1,150,265 $ 436.060
Paclflc Livestock Co... 940.060 357.690
Wll. Val. & Cas. R'd Co. 72,130 335.145
Cal. & Or. Land Co... 122.050 31.325
The Increase in the assessed valua
tion will make little difference in the
actual taxes of the individual. A total
levy of 26 mills on the dollar raised
about $65,000 In taxes last year, and
a totallevy of 10 mills will raise $67,
000 this year, which illustrates the ef
fect to the individual. A few will con,,
tribute a larger proportionate share
than heretofore, but tly sranaral mass
has been benefited.
OLD LOVES ARE FORGOTTEN
XancjT Smtten With Long Beach
Youth at First Sight, Elopes .
but Backs Out and Sur
prises Sister's Secret.
LOS ANGELES, Oct. 12. (Special.)
Surprises are in store for Portland young
men. according to the story told today
by Miss Nancy K. Burney, and her sifrter,
who was Miss Alladlne until her secret
marriage last Thursday to Arthur Way
land Wright, a young business ma.n of
Los Angeles. The mother of the young
women, Mrs. IV. T. Burney, of Portland,
who is here with Mr. Burney on their
wa to New York, ' corroborates a large
part of the story.
Elopes, Then Backs Out.
Miss Nancy, . according to her own
story. Is engaged to young men of Port
land and Seattle. When she reached
here a short time ago, she met a youth
of Long Beach and it was a case of love
at first sight. They became engaged and
the chances of the fiances In the north
dwindled. An elopement was proposed
and the couple started for Santa Ana, the
Gretna Green of Los Angeles. With her
mother and sister present today she con
fessed the rest as follows:
"I backed out before we reached Santa
Ana. Then, when I saw sister. I told
her about it. confessed the whole thing
about the Portland and Seattle boys and
allt The reason I stopped was becausa
we had no witnesses. When I told sister
that, she said, 'you don't have to have
witnesses." "How do you know?' I asked.
Then she had to tell me that Thursday
she married Mr. Wright. What do you
think of that?"
Sister Had Eloped Also.
Mrs. Wright said:
"We Intended keeping our wedding a
secret for two years until I finished my
education, but I let Nancy know It with
out meaning to ami now It is all out. I
have tried to write to my fiance in Port
land about it. but I can't get beyond:
Hw are you?' I guess I'll have to let
mv husband write him."
Mrs. Wright admitted that she did not
know Mr. Wright until she met him a
week ago on her arrival here.
Mrs. Burney, mother of the girls, said:
"This is an awful mlxup, but I guess
It will be straightened out all right. Mr.
Burney and I are going to take the girls
and our new son-in-law to New York
with us for a few months and let it
blow over." ,
Wr. T. Burney Is a lawyer of Portland,
with' offices In the Washington building.
Hia residence is at the corner of Sixth
avenue and Keeley street.
s
Caught With Stolen Goods.
ASTORIA, Or.. Oct. 12. (Speclal.)J-At
an early hour' this morning a set of dies
valued at 350 and a number of machln-
Fishermen's Packing Company s steamer
North Star, which is moored Inside the
railway company's wharf. A few hours
later John Neilsen and Hugh McMillan
were arrested by Sheriff Pomeroy as they
were attempting to sell the stolen articles.
Neilsen was formerly a fireman oi the
North Star. McMillan Is a stranger, here.
BOND IDEA GAINS FAVOR
Senator Jones Will Vrge Action on
Plan tor 'Reclamation Fund.
NORTH .'YAKIMA. Wash., Oct. 12l
(Special.) Through ' Senator Wesley L.
Jones it became known today that the
Congressional delegations of all North
west states are going to band together
at the coming session and pull for a bond
issue to provide funds for the completion
of reclamation work, as suggested by
President Taft on his recent visit.
The Washington delegation is taking
the lead in this, and, through Governor
Hay, is bringing the matter before the
other state delegations. The idea has
been well received so, far and promises
success.
Converts to the bond issue idea are alsp
being made among Eastern solons. Sen
ator Bob Taylor, of Tennessee, here on
a visit, declares himself in favor of the
idea, and Senator Painter., of Kentucky,
has purchased a ranch under the Trejon
project for his sons, insuring his Interest
in the completion of the work.
HAY W0ULDKEEP EXHIBIT
Proposes That State's Display Be
Saved for Other Fairs.
SEATTLE, Wash., Oct. 12. (Specials
Washington State will take the lead In
planning to be represented in the next
three great world's expositions, and the
first move toward perfecting an organi
zation for that purpose will be made at
a meeting of the state commission of the
Alaska-Yukon-Pacific Exposition tomor
row. ' Governor Hay will be present and
outline his views.
Several weeks ago Representative
Slayden, of Pierce County, a member of
the commission, outlined a plan to make
permanent the Washington State exhibit
at the Exposition. Governor Hay said
today he proposes to go a few steps fur
ther. He not only favors the perpetua
tion of the present exhibit, 'but the ap
pointment of a custodian with power to
begin the work of extending the exhibit.
SOUTH BEND BANKER DIES
Death Claims S. H. Elchner, Promi
nent Business Man.
SOUTH BEND, Wash.. Oct. 12. (Spe
cial.) S. H. Elchner, one of the ablest
and most prominent business men of
this section, died at his home in this
city this afternoon of peritonitis.
Samuel H. Elchner was born In Penn
sylvania 49 years ago. He came to
this city in 1891 and engaged in the
grocery business.
In 1896 he was elected County Treas
urer. For the past, ten years he has
been in the banking business, and was
cashier of the Pacific State Bank at
the time of his death.
-f-
Astoria Man Gets Contract.
ASTORIA. Or.. Oct. 12. (Special.) C. G.
Palmberg. of this city, received a tele
gram today from the Welnhard estate in
Portland stating that he had been award
ed the contract for constructing the new
Welnhard-Astorla hotel In this city.
Winnipeg. 'Man. Frank Sherman, for a
number of years president of the Lnlted
Mine Workers of Western Canada, died
Tuesday nlghtsat Fernie. B. C. He engin
eered the great coal strike In the Crow.
Nest Pans district last Spring.
PORTLAND SAN FRANCISCO v SEATTLE
I FOR GLOVES AND UMBRELLAS
SPECIALS IN G LOVES
UMBRELLAS and HOSIERY
ITALIAN
SILK HOSIERY
The Newest Innovation in Silk Hosiery
We show here, for the first time, stockings
that axe made of fine Italian silk fabric.
$1.50
A PAIR.
fl They are cut perfectly, shaped and sewed to
gether. The toes and heels are two separate
thicknesses, like the double-tipped silk glove,
insuring additional service, no seams on the
bottom of sole to hurt the feet.
Q Made several inches longer than ordinary
hose. Positively will not rip orTun and cannot
be torn by garter.
9 Italian silk hosiery is both rich in appear
ance and economical. Will wash like a pocket
handkerchief and always maintain a new and
fresh appearance. . '
Come in plain black, Vhite and all colors:
g Italian silk hosiery is shown here for the
first time. i .
A
9
1'lFOR 6L0VESAND UMBRELLAS
309 MORRISON ST.,
OPP. POSTOFFICE
wmm
$l Down, $l a Week
a:
100 Trimmed Hats
Not One Shown Beore Today
Wednesday
SPECIAL
$4.95
Values to
$ 1 0.00 Each
In this display is an entirely new line of Continental, Mar
quise and Broad-Brimmed Sailor styles in velvet, scratch felt,
bengaline and silk shapes.
The trimmings are the very latest styles of imported feath
ers, novelties and ribbons.
They are particularly pretty and are bound to find a ready
sale when placed on sale at C4.95. "
A Commanding Sale
"NaSia" Fall Style
CORSETS at 98c
We doubt if there ever was a corset
at this price that embodied so many
qualities confined usually to very high
priced corsets. We will grant that the'
finishing and trimming of $4 and $5
corsets are of a finer grade of material.
At the same time the quality of ma
terial put into this corset is durable,
serviceable and strong. The model is
an exact reproduction of the latest Fall
lines demanded by dressmakers.
At 98c we believe this to be the
"peer" of any corset ever offered in the
City of Portland, not at 98c, but at
$1.50 and $1.75, as the regular price of
this model is $1.75.
Mm
m ?
EXTRA stitchers .
100 "No Piece". Cur tain
Stretchers made of selected
quality of basswood, with
non - detachable center brace
and with'embossed ruling.
Stationary Pins of best qual
ity. A reg. $i.75 val., sp'l. 98c
ams
$4.59
EXTRA
Axminster
Rugs
tAlKA Curt
Regular $7.00
Value, Special
3000 pairs of Lace Curtains
in Cluny, Renaissance, Irish
Point, Battenberg and Marie
Antoinette, white or Arabian
color, 2lz and 3 yards long.
All are made on good qual
ity of Imported Bobbinets in
this season's best patterns. A
large variety to select from.
Values to $7.50 pair,
SPECIAL $4.59
$4.75
300 Axminster Rugs of se
lected quality in pretty Ori
ental patterns, with soft rich
colorings, size 27 by 54. Spe
cial 98c.
Enameled
Iron Beds
100 White Enameled Beds,
or superior quaiiiy; juaue iu i
fmif liffprpnr naltprns to se- JI
leet from, plain enameled' or,
brass-trimmed beds. ihe:l:
are all regular $7.o0 sellers
and are great values for
$4.75.' Can be had in white,
cream, blue or pink enameled
finish.
$15.00 BftASS-TRIMMED BED SPECIAL $9.85. This
is a very neat bed of simple lines, displaying refined tastes,
made with continuous post and seven spindles.
100 45-lb FLOSS MATTRESSES of extra good quality.
This 'mattress is built, not stuffed, full weight and size, fancy
art tick. Regular $12.00 value, special $9.95.
35-lb. COTTON COMBINATION MATTRESS of select
ed quality. Come in good quality of striped ticking and is the
best value in the city for $6.00, special $3.95.
rr 'I r
Trescot Weave at -C
T r e s c o t Weave Wool
Waistings, solid colors of
brbwn, blue, black, navy, tan,
green and red.
$1.75 Table,
JJamask t-loths
These cloths are mill ends,
2l2 yards long, 66 inches wide.
A big assortment of choice
patterns.
$ 1 .29
$1.75 Full Size 1
Bedspreads at ' -'-'
Full Size Bedspreads.
These spreads are hemmed,
closely woven, prominent
Marseilles patterns, medium
weight. '
$1.65 Red Rub-d 1 OQ
berF 'tn Syringe P ' L s
Rec Rubber Fountain
Syringe, 2-quart, best quality
tubing and hard rubber pipes.
' CLEANLINESS"
Is the watchword for health and vigor,
comfort and beauty. Mankind Is learn
ing not only the necessity but the lux
ury of cleanliness. SAPOI.IO, which
has wrought such changes in the home,
announces her sister triumph
HAND
SAPOLIO
FOR TOILET AND BATH.
A special soap, which energises the
whole body, starts the circulation and
leaves an exhilarating glow. All gro
cers and druggists.
RHEUMATISM
"Call for Free Uricsol
Booklet on Treatment
and Diet, at Woodard,
Clarke & Co., Portland,
or write to Uricsol
Chemical Co., Los An
geles, Cal.