. ' ' ' . f THE 3IORXIXG OKEGOMAX. Til URSDAT, JANUARY G, 1910. LD MAKE PRIZE COURT FINAL Proposal to Extend Power of Permanent Tribunal Sub mitted to Nations. BODY OF' 15 IS SUGGESTED Jelay Would Be Obviated, Secretary Say, In Statement, and Metliod of Settling Iiputes Ieisee fully He Provided. WASmXGTOX. Jan. 5. "With a view of making international arbitration Judicial in fnct as well as in theory. Secretary Knox has addressed a circular note to the powers, proposing that the jurisdic tion of the international prize court, au ihorlzed in 1907, by The Hague Peace conference, be extended so as to make it a court of arbitratiowal Justice. Thi note was dated October IS, 19ij8. No responses have been received. A statement explaining the contents of the note and reasons why th proposal was mad was given out tonight by Secretary ' Knox. The international prize court was to be composed of 15 judges'. eight to be chosen from the larger maritime coun tries. Germany, Austria-Hungary, France, ' Great 'Krltain, Italy, Japan and the Uni ted Stales, to serve six years. . Other judges were to be chosen from other na tions and were to sit for a longer or vhontor period as determined by the miuMtlme standing of their respective countries. Permanent Court Afforded. In his statement Secretary Knox says: "The advantage of investing the prize court with the functions of a court - of arbitral justice needs no argument, because it is ffbviously easier to utilize an existing body than to create a new institution, and, as the judges of the prize court must necessarily be versed In international . law, they could well be entrusted with any question susceptible or arbitra tion. The proposition has the very great advantage of providing the na tions with a permanent court of arbi tration for the peaceful settlement of controversies in time of peace, where as the prize court, as such, pre-sup-poses a state of war, for without war the capture of property Is Illegal. "Utilizing the method of composition of the prize court, by thus Investing it with the jurisdiction and functions of a court of arbitral Justice would constitute tins latter a tribunal, and . the world would thus have for the states freely consenting to and ac cepting the proposition one interna tional judiciary to Judge cases arising In peace as well as controversies springing from war. The court would thus be permanently constituted and would in reality be permanent; ob viating the delay Involved in the cre ation of a temporary tribunal and de veloping Internatlon law by a series of carefully considered precedents by judges carefully chosen and acting un der a sense of Judicial responsibility. Method Would He Equitable. "Arliitratlon would not merely be, as both Tlie Hague conferences have said, the most efficacious and most equitable method of settling disputes which diplomacy has failed to adjust, but would be Judicial in fact as well as In theory." Secretary Knox proposed that the nations confronted with constitutional objections in the matter of direct ap peal from their national courts to the prize court might present Instead of the Judgment of their national courts, the ouestion involved In the capture at issue; that the proceedings in such a case should be in tlie nature of a re trial de novo, and that tlie judgment or the international prize court should be limited to the award of damages for Illegal capture. As constituted by The Hague confer ence, the prize court was to be a court of appeals, either from the origi nal national court in which the case was tried, or from the judgment of its uppellate court. I'n I tod States Has Paid. "The United States has not submitted judgment of its court to international tribunals." explained Secretary Knox, al though it has frequently presented ques tions involved in its courts to mixed com missions, and has promptly paid the awards when the decision of the mixed commission has taxed the United States with liability not found by its National Court. Appeal from a court of the United States might raise a delicate and difficult question of constitutional law and rentier dliffeult. if not impossible, the ratification of the prize court bv the United States. "The difficulty is one of form rather than substance, for, whether the prin ciple involved in the judgment be de cided or the judgment of a national court be subniltttcd, tlie result will be the same, namely, a decision upon the legal ity of tlie capture. MURDER JURY IS SECURED Jean Case Will Consume Much Time at Chelmlis. CHWH A:,IA Wash., Jan. 5. (Special.) Selection of the jury in tlie Dean murder cafe was completed at Ohehalis today at noon, and taking of teeUrmMjy began after recess. Good progress was made, but as there are about 30 witnesses to be called, the case is likely to continue until the end of tlie week. The Jury selected is composed of a greater sprinkling of city business men than were ever before on a jury in Lewis County in a murder case. Tlie list In cludes: Charles Walter, butcher; H. H. scrtbner, barnessmuker; A. Paulsttch, carpenter, of Chehalis: Ross W. Daubnev, hank clerk; K. A. Newell, carpenter; j. P. Payette, blacksmith, of Centralia; Ed ward Yates, Jr., John W. Lentz, Otto llauermann, "W. A. Hamilton, J. V. Isbell, Allies Dlx, farmers. MORSE PETITIONS OUT NOW Absolute Pardon to Be Asked of President Taft. PORTLAND, Maine. Jan. 5. Petitions addressed to President Taft, asking for the absolute pardon of Charles W. Morse, who on Monday began his sentence of 15 years lu the Federal Prison at Atlanta, (!.. are in circulation In this city. The petitions set forth that he did no intentional wrong: that he has paid his tebts; that tile Jury which found him guilty was largely influenced by popular rlanior. and that, even if guilty. Morse Iready has paid the penalty by the term of Imprisonment he jfervec" n iul -jijUig the outoom of his case."" KNOXWOU PROMINENT FIGURES IN LAND AND FORESTRY DEPARTMENTS CONTROVERSY WHICH CONGRESS HAS BEGUN TO INVESTIGATE X '.--.-.-.., ,. . -J.-T., i ii'MWwniiinn.1 i i , i n .i ...j. n ... i Photo copyright, 1P09, by George Grantham Bain. AltO V I' I.OVIS It. GtAVIS, WHOSE CHARGES AGAINST BAI.I.I'GER Fld- t'RE I'ROMIN ESTLY IN C()JiTKOVB;HSY. BELOW CIlIEI- FOREST ER PIXCHOT AS D SECRETARY BALLIXGER, TUB OFFICIALS WHO ARE IN CONFLICT. PROBE TO GO DEEP Motives Will Be Sought in Bal-linger-Pinchot Inpcfiry. FULL AUTHORITY IS GIVEN Jones-Humphrey Resolution, With Taft Tndorsment, Presented to Congress Xelson Xjfkely to Head Committee. (Continued from First Page.) crats: Paynter, Kentucky, and either Clarke, of Arkansas, or Hughes, of Colo rado. The probable members of the House who will serve are: Ialzell, Penn sylvania; McCall, Massachusetts; Steph ens, Minnesota : Martin, South Dakota (Republicans; Howard, Georgia; Moon, Tenneese, or Shirley, Kentucky (Demo crats). There is said to be some doubt of the appointment of Senator Flint, of Cali fornia, but it Is reasonably certain that the other Republicans mentioned will be named and will serve. The resolution in the House today was referred to the committee on rules, but the Senate post poned action, upon request of Senator Lodge, who pleaded its importance as a reason for deliberation. Senator Jones, its author, had requested that it be re ferred to the committee on public lands. Action will be taken tomorrow. Public Service Defended. Senator Jones, in offering his resolu tion, declared that it was a "sad com mentary upon th state of public opin ion" that the moment a man accepted a public office he became a scoundrel in the eyes of many. His acts were mis construed and his motives questioned. "Insinuations and innuendos," declared the Senator, "are freely made under the STuise of public welfare, but in reality to foster some private interest. Popular views are taken advantage of to discredit an official, who, after investigating all phases of a subject, may reach a decision at variance with some private interest." Senator Jones continued: The pr&sw end magazines of the country for several months have been filled with charges ag-ainpc the present Secretary of the Interior and ilia conduct of the office he liolds. These oharjree ransre fvum petty insinuations and in nuendoes to direct charges of malfeasance and misconduct la office, which, if true, show that he has most unworthily discharged hia trust. A moment's thought ehooid cause an honest and fair-minded man to hesitate to accept such charges ajjairLn a man whose w-hole life heretofore has been one of the highest recti tlide and against whom no dishonorable charge has ever been made in either private or public life. Such a man ie the present Secretary of the Interior. He lei over 60 years of age, an hon ored graduate of W illiam College an4 a law yer of distinction. He came to our mate in 189 and has lived there ever since. He was a Superior Judge for four years and Mayor of the Cit- of battle. 'Wash.; and his adminis tration of that office ha been a model for his successors. He aocepted the office of Commissioner of tee General Luid Office at the urgent eolicita tkm of Secretary Oarneld, who knew person ally his sterling character end exceptional abil ity. He did not seek that office. He accept ed hia presunt ptition only upon the- earnest solicitation of the President. H did not seek It. It nwa.nL niMhiiiK i him but hard work and poor suty. lie gave up & Jarg and (S 1 i V crative law practice simply at the cal! of pat riot io duty. Detailed Plans Made. Senator Jones declared it to be un believable that such a man could be come at once an arch enemy of the people. The people were entitled to know, he said, whether they had been deceived. There was room for honest differences of opinion upon the subject of conservation. That the Secretary was honest and patriotic the speaker said he did not doubt. "One thing Is sure," he continued. "We have had several years of talk about conservation: we have had plati tude piled upon platitude in the most dramatic way, but no specific or de tailed plans fo.r conservation have been presented.! Senator Jones declared that Judge Balllnger had made specific recommen dations regarding all the important conservation problems over which he had Jurisdiction. He had recommended the repeal of the timber and stone laws and the disposal of the timber separate from the soil. He recommended that coal deposits be disposed of separately from the surface rights. Power Sites Controlled. He had recommended legislation to prevent the acquisition of power sites on the public domain, and had recom mended the disposal of lands capable of being used for water power develop ment upon substantially the following conditions; First That the title to ?uch lands be re served In the Federal Government and only an easement granted for the purpose of de veloping a.nd -transmitting electrical, power for private and public use, and for the storage of waters for power, irrigation, and other uses. Second That mich easement be granted for a limited period, with a maximum of at least 30 years, and the option of renewal for stated periods upon agreed terms. Third That entry shall be accompanied by plans and specifications covering the works sought to be installed, and covering the max imum horsepower capable of development at such site; also, that a substantial entry fee be pa.il to show good faith, and' that a traiu fer to the tTnited. States of the necessary wa ter rights to permit of the estimated power development be made. Fourth That the construction period al lowed entrymen for the development of at leawt 25 per cent of such powrwshall not ex tend beyond four years, or such further time as may be granted by the Secretary of the Interior upon a proper showing. Fifth That a moderate charge shall be made on the capital invested, or upon the gross earning? of the project for the first ten yeans of operation, adjusted at each subse quent ten-year period, and equitably deter mined by appraltemen t . Sixth That all rights and easements shall be forfeitable for failure to make develop ment within the limitations Imposed, or upon entry into any contract or combination to charge or fix rates beyond a reasonable profit on the Investment nntl cost of operation, or entry into any agreement or combination to limit the eupply of electrical current, or fail ure to operate the plant; and. Seventh That all books and accounts shall always be subject to the inspection of the department. Inquiry Must Be Thorough. These, said Senator Jones, were con crete proposals. None more compre hensive had been presented by the most radical conservationist. Referring to the purpose and scope of the inquiry, he concluded: "This resolution has been drawn directing the committee to investigate along certain and specific lines, and then authority is given to it to make any further investigation that It may deem desirable. The Intention is to se cure the broadest and most thorough investigation. If the resolution can be made broader and more rigid, and a more thorough investigation secured, it should Be done and will be welcomed by the Secretary. "He wants-no whitewash; he wants no partial investigation, he wants it rigid, thorough, complete and conduct ed without fear or favor. It is believed that this resolution will accomplish this purpose. It is not introduced in an unfriendly spirit to any one, but simply in the interest of honesty, decency and good government." In his fir.st years in America. Caruso -wouid Tit eat chlr-k-ns and ducks from tho 4iiitMier shop, but stall-fed and f a tenr-d ItalL- iauli &a tbe basement of bis xesidof CANAL BILL PASSED BY HOUSE Commission Is( Ousted and President Is Given All Power. DEMOCRATS FIGHT TO LAST By Vote or 110 to lt2, Along Strict Party Lines, .Measure Goes Through and on to Senate. Kiefer Joins Minority Ranks. WASHINGTON, Jan. 5 With th Dem ocrats fighting every inch, of the way, the Mann bill, providing for the admin istration of the Manama Canat xsr.e and centralizing the government thereof in the President of the United States, passed the House today , by a, vote of 119 to 102. The vote was along atrlct party lines. The minority kept the Hotise in session until 6 o'clock tonight by offering amend ment after amendment and demanding tellers on each vote. A futile effort was made by Representative Richardson, of Alabama, to have the measure recom mitted to the committee on foreign and interstate commerce, an aye and nay vote resulting 104 ayes and 136 noes. t Kiefer Joins Democrats. Section two of the bill, which confers on the President military, civil and judi cial powers. Including the power to make laws, was the object of cirited attack. Representative Kliefer, of Ohio, joining the Democrats In the fight. The attitude of the majority and mi nority on this section may be best de scribed by a question propounded to Rep resentative Townsend, of Michigan, by Representative Garrett, of Tennessee, and by Mr. Townsend's reply. "Do you believe that Congress has any power , under the Constitution to confer legislative powers on the President?" askd Mr. Oarrett. "Ordinarily, no," replied Mr. Town send. "In this instance, yes. We are in Panama digging- a canal, and it is necessary for the President to have the power to make rules and regula tions for the government of the zone while that work is in progress.' Representative Mann, author of the bill, claimed that precedent for delega tion of such power in the Executive was found in similar action by Demo cratic Congresses at the time of the Louisiana Purchase, and again when Florida was ceded to the United States by Spain. Harrison on Defense. Defending his party. Representative Harrison, of New York, said that dis turbed International conditions made such action necessary, but that despotic government In those territories was continued no longer than was necessary to establish local government. A motion by Mr. "Hard wick, of Geor gia, to strike out the section entirely was lost by the close vote of 85 to 90. The bill, as it goes to the Senate, authorizes the President to have com pleted the Panama Canal and to ap point a director-general of the canal and the canal zone thus doing away with the canal commission. It Invests the judicial power of the zone in one Circuit Court and such in ferior courts as the President may con stitute, and allows appeal to the Su preme Court of the United States in civil cases involving $5000 or more, and In criminal cases punishable by death or' life imprisonment. Trial by jury is granted In all prosecutions for felony. WHITK SLAVE BILL DRASTIC Minority Report Insists , Rights of States Are Overridden. WASHINGTON, Jan. 5. Characteris ing Representative Mann's white slave bill as "drastic and revolutionary," three Democratic'members of the House committee on Interstate and foreign commerce, led by Representative Rich ardson, of Alabama, today filed in the House the minority report on that measure, which was favorably acted upon by that committee before the holi day recess. The minority's chief objection to the bill is that under the execlusive au thority that Congress has under the commerce clause. Congress cannot in the. exercise of police power punish citizens of the states for violating- a Federal statute made under the pretense of regulating morals and suppressing evils which in the strict est and most legal sense Is an affair which belongs to the-states. Bill Would Protect Immigrants. WASHINGTON, Jan. 5. 111 treat ment of women Immigrants in their occupancy of steerage accommodations, resulting in some cases in gross Im morality, led to the introduction today by Senator Dillingham of a bill pro viding for the presence of United States surgeons. Immigrant inspectors and matrons on all vessels carrying Immigrants between the United States and foreign ports. Gordon Dons Toga. WASHINGTON, Jan, 5. Colonel James Gordon, ex-Confederate leader, appointed by Governor Noel as suc cessor to Senator McLaurin, of Mississ ippi, took office today. HUPJTERS REACH BUTIABA lloosevelt Party Will Go In Search of White Rhino. BrTlABA,"3an. 6. Colonel Roosevelt and his comrades arrived here today from Hoima. The party will make a hunting? trip on the Lado Enclave in search of the white rhino. TAFT NAMES NEW COURT Cusioms Jurists Chosen Xominatlons Made. Other WASHINGTON. Jan. 6. President Taft today sent to the Senate the nom ination of members of the new Court of Customs Appeals authorized under the Payne tariff law: To be Presiding Judge Alfred C. Coxe, at present United States Circuit Judge on the Second Circuit. To be Associate Judges William H. Hunt, at present United ' Sta tes Judge for the Uistrict of Montana; James F. Smith, formerly Governor-General of the Phil ippine Islands: former Judge of the Supreme Cturt of the Philippines and Ml former Collector of Customs In the Philippines- O. M. Barber, of Vermont, a prominenr lawyer of that state, and Marion Uevrles, at present chairman of the Board of General Appraisers at New York. . Judge Hunt was formerly a mem ber of the Montana Supreme Court, and later Governor of Porto Rico, from which position he was appointed to the Kederal bench. He presided during the famous land fraud trials in Portland, dlirine- Which mnn.. I . , . 7 " .,.o.jf v'imiieiiL ciLizens 1 and politicians were convicted of de- 1 tne uovernment of public lands. The President also nominated the fol lowing: To be Consul-Generai-at-Large Charles C. Eberhardt, of Kansas. To. be Consuls-General Maxwell Blake, of Missouri, at Bogota. Colombia: Robert Brent Mosher, of District of Columbia, at Hankow, China; W. H. Gale, of Virginia, at Athens, Greece. To be Consuls George E. Chamberlain, of New York, to Swatow, China; B. Mer rill Griffith, at Pernambuco. Brazil; Lewis w. Haskell, of South Carolina, at Sallna Cruz. Mexico; Felix S. S. John son, of New Jersey, at Kingston, ' Ont. ; Jesse Johnson, of Texas, at Matamaros, Mex.; C. Ludlow Livingston, of Pennsyl vania, at Swansea. Wales; James Verner Long, of Pennsylvania, at Malta, Malteso Islands; Clarence A. Miller, of Missouri, at Tampico, Mex.; Albert A. Morawetz. of Ariz ma, at Leipzig. Saxony; Albert W. Pontius, of Minnesota, at Chung King. China; Lous J. Roeenburg. or Michifan, at BarranQuilla, Colombia; Bertil M. Raemussen. of Iowa, at Bergen, Norway; P. E. Emerson Taylor, of Ne braska, at Btavanger, Norway; Howard D. Van Sant, of New Jersey, at Dun fermline, Scotland; Ernest A. Wakefield, of Maine, at Port Elizabeth, Cape of Good Hope; Alex W. Wendell, of Vir ginia, at Zanzibar; John O. Wood, of Hawaii, at Venice, Italy; George Hor ton, of Illinois, at Balonikl. Turkey. To be Registers of Land Offices Thomas H. Bartlatt, at Lewiston. Ida.; Charles Demolssy, at Vernal. Utah; Clyde B. Walker, of Idaho, at Juneau, Alaska. To be Receiver of Public Moneys, at Vernal. Utah Don B. Colton, of Utah. TRAINS DELAY WOOLMEN NATIONAL ASSOCIATION IS TO MEET IX OGDEX TODAY. Tarifr and Conservation to Be Dis cussed Portland Suggested as Next Meeting- Place. OGDEN, Utah., Jan. 5. The 46th an nual conveAtlon of the National Wool growers" Association will be called to order in this city tomorrow and con tinue In session three days. Among the subjects . touched on In genpral discussion will be forest res ervations, the tariff on wool and the conservation of natural resources. The Ogden midwinter sheep show is being held in connection with the convention. Owing to delay in railroad traffic caused by prevailing storms delegates are late In arriving. President F. W. Gooding and the Idaho delegation ar rived on a special train late today. The delegates from Wyoming, Colo rado and Eastern states did not ar rive until after midnight. Portland, Or.; Denver, Colo., and Boise, Idaho, are suggested as places for the next annual convention. LAND CASES GO TO BOISE Change of Venue Granted, Trials Are Set for February 15. ' LEWISTON, Idaho, Jan. 5. (Special.) The North Idaho land-fraud cases, wherein the Government is prosecuting W. F. Kettenbach, George H. Kester and William Dwyer for alleged conspiracy in acquiring Government timber lands, will be called for trial In the Federal Court at Boise on February 15, axreording to a recent decision handed down by Federal Judge Dietrich, At the recent session of the Federal Court in Moscow the defendants filed an application for a change of venue, and thie was argued in Boise two weeks ago, resulting in the granting of the applica tion. The demurrer to -the indictments on the grounds of incompetent testimony was overruled. FRANCE STILL OBSTINATE Settlement of Hankow, China, Rail road Loan Is Blocked. WASHINGTON, Jan. 5. The French government continues to obstruct the negotiations looking to the amicable settlement of the Hankow, China, rail road loan, according to State Depart ment advices. It is suggested that France's attitude is for the purpose of forcing tariff con cessions. MILK PAYS BIG PROFITS Cent Added to Price Means Three fold Dividend, Says Investigator. NEW "YORK, Jan. 5. Milk at the increased price of 9 cents a quart will enable the large milk companies, to pay dividends three times as high as the big ones of recent years. This is the assertion of counsel for the State in the malk investigation which was resumed here today. Milk formerly was 8 cents a quart. World's Trial Set for January t 4. NEW YORK. Jan. 5. Judg-e Hough, in the United States Circuit Court to day, pet January 24 as the date for the Important to All Women Readers of This Paper Thousands upon thousands of women have kidney or bladder trouble and never suspect it. "Women's complaints often prove to be nothing else but kidney trouble, or the result of kidney and bladder dis ease. If the kidneys are not in a healthy condition, they may cause the other organs to become diseased. Tou may suffer a great deal with pain in the back, bearing-Gown feel ings, headache and loss of ambition. Poor health makes your nervous. Ir ritable and may be despondent; it makes any one so. VBut thousands of irritable, nervous, tired and broken-down women have restored their health and strength by the use of Swamp-Root, the great Kidney, Liver and Bladder Remedy. Swamp-Root brings new life and ac tivity to the kidneys, the cause of such troubles. Many send for a sample bottle to see what Swamp-Root, the great Kidney, Liver and Bladder, Remedy will do for them. Every reader of this paper, who has not already - tried it, may address Ir. Kilmer & Co., Binghamton, N. Y and receU'e sample bottle free by mall. Yon can purchase the regular fifty cent and one-dollar size bottles at all drug stores. hermaH Wiay& Co. wr: Sixth ahd Morrison Mme. Sembrich 'makes records of lier - voice exclusively for the V Tf,rT,rfO Mil it ' :. vSV;S One of the World's Greatest Sopranos Assisted by Mr. Francis Rogers Mr. Frank La Forge Baritone Pianist Will Appear The Armory, Tonight Direction Xois Steers-Wynn Coman Seat Sale at Sherman, Clay & Co.'s We want you to hear some of Mme. Sembrich's records on the VICTROLA trial of the Press Publishing Com pany, publishers of the New York World, for alleged libel growing out of published statements regarding the Panama Canal purchase. HEIKE IS PLACED ON RACK Federal Grand Jury Keeps XTp Probe of Sugar Frauds. NEW YORK, Jan. 6. In its search for Information about men "higher up" in the sugar under-weighing frauds, ' the Federal grand Jury had before it today Secretary Charles R. Helke, of the Amer ican Sugar Refining Company. Baggagemaster Killed In Wreck. PITTSBURG, Jan. 5. L. K. Barto, baggage master, was instantly killed and four other trainmen were seri ously injured today, when a Wheeling Pittsburg passenger train on the Balti more & Ohio Railway and a freight 3 f ie? 1 Great Annual Clearance Sale VAf 1 OF Oriental is now on, every piece reduced to cost. Prices will talk better : than ads. .Come and see them. i Atiyeh -A 394 Washington Street. j Opposite Postofflce In Concert at train met in a collision at the mouth of a tunnel at West Alexander, Pa., near this city. Several score of passengers were badly shaken, but none was hurt seriously. SLAVERS HURRY TO COVER Criminals Become Alarmed at Grand Jury AYork. NEW XORK. Jan. 5. Alarmed by the activity of the special grand jury, headed by John D. Rockefeller, Jr., to investigate the white slave traffic many persons believed to have been en gaged In that business have fled to Philadelphia, Chicago, Pittsburg, Bos ton and elsewhere. . The identity of these alleged white slave traders was discovered by United States Secret Service detectives. Liverpool Is the third city In the worl'I In the manufacture of Hour, beinff exceeded only hy Minneapolis and KuflMpfat. '1 ft' Rugs i i ' V51' ' -I Bros. J t. i 1