" VOL. Jj. "SO. 15,354. ; PORTLAND, OREGON, FRIDAY, FEBRUARY 11, 1910. DR. HYDE ARRESTED FOR SWOPE'S DEATH First Decree Murder Is Charge. HYDE IS SON OF PREACHER Has Been Involved in Cases of Much Notoriety. WEDDED NIECE OF SWOPE Forced Himself In as Attending Physician to Swope Family and Is Accused of Wholesale Slaughter Money Object. KANSAS OITT, Mo., Feb. 10. As a climax to the long investigation of the mysterious death of Colonel Thomas H. Swope on October 3, 1909. rr. B. C. Hyde, husband of the late millionaire's 'niece, was arrested on a charge of the alleged murder of the aged philanthrop ist. The warrant upon which arrest was made was Issued at the reciuest of" At torney John G. Paxton, executor of the Swope estate. First degree murder is charged. The warrant says that Dr. Hyde, with felon ious intent, administered strychnine to Colonel Swope on the day of his death. Across the back of the complaint filed by Mr. Paxton asking lor a warrant, tne prosecutor, Virgil Conkling, wrote above hi signature, "I hereby indorse this complaint." Dr. Hyde Accepts Service. tr. Hyde learned that a warrant was being sought, and with his attorneys, went to the Prosecutor's office to await the return of Mr. Conkling. He suD mltted to arrest without demanding to hear the warrant read. From there the party went to Independence, Mo., where Dr. Hyde was arralgrferrbf ore Justice W. G. Lnar. The physician pleaded not guilty, and was released on a bond ot $50,000. His preliminary hearing was set for February 17. Prosecutor Conkling originally planned to have the bond fixed at $25,000, but Hyde's attorneys had arranged for a $50, 000 surety, and, as they expressed a will ingness to give this amount, it was ac cepted. Rich Men Slfm Bond. The bond was signed by F. P. Ts'eal. president of the Southwest National Bank!- H. F. Hall, president of the Hall Baker Grain Company; M. D. Scruggs, a livestock dealer; William McLaughlin, a horseman, and John M. Cleary. Prank P. Walsh and Judge John Lucas, attor neys. They are all wealthy men. The calmest man in the Justice's of fice in Independence was Or. Hyde. While attorneys busied themselves' mak ing out the papers In the case and the few spectators craned their necks for a view of the accused physician, he sat near the County Marshal, Joel B. Mayes, who made the arrest, ana read a news paper that told of developments In the Swope investigation. Anxious About His Wife. "By the way. Mr. Mayes," he said, folding up the paper, "I wish you would call up my house and have my wife informed that I will be home for dinner. She will be worried about me." Just as soon as the bond was accepted, Xr. Hyde hurried to his home In an au tomohlle. The'arrest followed quickly after Judge Kalph S. Latshaw called a grand Jury today to investigate the death of Colonel Swope. Prosecutor Conkling made a re quest for the jury. By dismissing his libel suit for $600. 000 against Attorney John (5. Paxton, Dr. Frank L Hall and Dr. Kdwavd G. Stew art today, lr. Hyde removed himself from the range of the attorneys, who have been using every legal means known 1o them to get his deposition in the case, one suit for $100,000 alleging slander Js f-till pending against Attorney Paxton. Mystery In Colonel Swope's leath. The death of Colonel Thomas H. t-Jwope on October 3 last was attended by circumstances that mystified the millionaire's family and close friends. 1 r. Hyde had treated Colonel Swope in his last .hours, and had in signing1 the death certificate given apoplexy as the cause of death. In December an epidemic of typhoid fever raged In the Swope household, eight persons were stricken, and one. Chrlsman Swope. died under conditions that caused much apprehension among the attending nurses. Then John G. Paxton. the executor, ami Mrs. Logan Swope. mother or Chrlsman, instituted a vigorous investigation. Dr. Kdward I. Stewart came forward with the statement that on November 30 Dr. Hyde had obtained from him an active typhoid culture. After Pr. Stewart had divulged this information Ir. Hyde was placed under constant surveillance of detectives. Tr. Hyde Himself Stricken. in December 20 Pr. Hyde himself suffered nn attack, declared to be typhoid fever. "When lr. Hyde became ill.'' said Dr. Stewart. "1 was asked to make an ex amination of his blood for typhoid. He , asked that I make the Widal test. This will show typhoid fever, even if the subject whose blood is examined suf- IContinuecL on I'axe 2. A FAIRBANKS DIDN'T ASK FOR AUDIENCE MERELY EXPRESSED DESIRE TO SEE POPE. Anti-Clericals in Rome Have Foed Incident for Renewed At tacks on Vatican. ROME, Italy, Feb. 10. (Special.) Mgr. Bisleti, the Papal Major-Domo, says that Ex-Vice-President Fairbanks did not apply directly for an audience with the Pope, but merely expressed a desire to see him.' The audience was deemed inexpedient, not because of any objection to Mr. Fairbanks' personality, religion or private character, but be cause of his active participation in the regular public church services of the Methodists. Mgr. Bisleti called attention to the fact that the Ex-Vice President did not attend the services as a member of the congregation, but contributed by his presence to increase the importance and prestige of a church openly hostile to Catholicism, active in proselyting and numbering among its converts sev eral apostate priests. Anti-clericals In Rome have used the Fairbanks incident as a pretext for an attack on the Vatican, exaggerating the importance of the affair and mak ing it almost a breach of courtesy against an American who had occupied the second highest position in his gov ernment. Mr. Fairbanks, however, de plores the publicity and undue imports ance given to the case, which he admits was due to hfs lack of foresight. The report that Mr. Roosevelt has promised to participate In the Metho dist Church services here is unfound ed. He has notified the Vatican of his intention to visit the Pope; therefore it is taken for granted that he is prepared to abstain from acts likely to hurt the Pontiff's susceptibilities. ORANGES HURT BY FROST Shipment of Damaged Fruit Injures Trade or California. LOS ANGELES, Cal., Feb. 10. (Spe cial.) The damage to oranges by the heavy frosts six weeks ago is much greater than was supposed. Some ex perts say that one-third of the crop was frozen, meaning a direct loss of many millions of dollars and injury for years to come. The market is demoralized by shipments of bad. fruit, and how to prevent the sendUig of frozen oranges to the East is the burning question Wr loday In Southern California. The California Fruitgrowers' Ex change has been studying the subject for weeks and, it Is understood, the managers have about reached the con clusion that the only effective pre ventive will be to have a state law passed for the appointment of Inspect ors, with authority to forbid shipping of any fruit unfit for human food. This would Include frozen oranges. The thermometer was lower at places in Southern California this Winter than ever before, registering 20 degrees in. the orange belt for an hour on two nights. $11,000,000 IN MINE DEAL Dunsmnlr Properties to Be Acquired by Mackenzie and Mann. VICTORIA'. B. C, Feb. 10. (Special.) Ex-Lieutenant-Governor James Duns muir's vast coal interests and various mines on Vancouver Island, B. C, are to be turned over soon to MacKenzle & Mann, builders of the Canadian Northern Railroad. .T. P. Morgan and James J. Hill are said to be back of them. The price to be paid in cash is $11. 000,000 and $5,000,000 in addition are to be expended in the erection of steel works on Vancouver Island and the extension and development of the mines. The actual output of the mines already developed is. tremendous. The Canadian Pacific Railway had an option on this property but allowed it to expire. WOMEN WILL "MAN" PLOWS Pick and Shovel Club of Venice to Beautify City. VKXICB. Cal., Feb. 10. Women of the Pick and Shovel Club, a fashionable organization which has undertaken the task of beautifying this city, will "man" plows on Saturday, when a two acre garden at the public school is to be prepared for the planting of flowers and shrubbery. The occasion is to be made a munici pal holiday. TEACHERS ASK MORE PAY Seattle Educators Back Demand by - High Cost of Living. SEATTLE, Feb. 10. A committee representing all the grade school teach ers in Seattle met today and prepared a demand upon the Board of Education for a 10 per cent increase in -wages. The Increased cost of living is given as a reason for the demand. The high school teachers are expected to join the movement. Albany to Boast of Airship. ALBANY, Or.. Feb. 10. (Special.) Work began today on the shed at Goltra Park, just south of this city, where the Burkhart airship is to be housed dur ing the aviation experiments the com ing Summer. Burkhart is now in Port land, preparing to bring the biplane air craft, which he exhibited at the Portland Automobile Show, to this city, where It will be made ready for the coming experiments. BELLHAS GONTRDL ' OF INDEPENDENTS Attorneys Confident It Has Been Proved.. MORGAN WAS BLIND MERELY Ohio and Indiana Telephone Companies Still Probed. STRONG DENIAL IS MADE Banker Who Negotiated Sale of Properties Says Bell Company Knew Nothing of Purchasers. President Vail to Testify. NEW YORK, ' Feb. 10. Counsel for the minority stockholders In the Ohio and Indiana Independent Telephone Companies, control of which was re cently sold to interests yet to be offi cially identified, declared tonight in the hearing held here they were satisfied they had already proVed the control has passed to the American Telephone & ' Telegraph Company, commonly known as the Bell Company. The hearings were adjourned until a week from today, because Western lawyers Insisted on next examining President Vail, of the American Tele phone & Telegraph Company, who can not appear until then. Bell Control Believed Shown. Before leaving for Cleveland tonight H. B. McGraw, an attorney for the mi nority stockholders, who are plaintiffs in the action, said: "Through Vice-President Hall and W. H. Remick, the banker who negoti ated the deal, we have already estab lished that the American Telephone & Telegraph Co. lent to Remick's firm (R. L. Day & Co.), without security. $7,280,000 to buy the controlling shares Ji.theiiid.;pendent companies of Ohio and Indiana. "They admit the American Company wanted these companies and provided the money to make the purchase. Contract Drawn In Bell Office. "They admit that the contracts, not only between the American Company and Remick's firm, but between Rem ick and F. W. Goff and James S. Brai ley, Jr.. who had the shares of stock to sell, were drawn In the American Company's offices and that Remick was acting for the American Company. "Furthermore, we have shown that the American Company asked J. P.Mor gan & Co. to form afeholding company for these Ohio and Indiana companies, and that, when Morgan & Company took the holdings over, 'the American company released Remick from the op tion, so that the transfer could be made to Morgan's firm. All Competition Stopped. "We believe that this shows conclu sively that the American Telephone & Telegraph Company, which owns the Central Vhton Company, in Ohio and Indiana, has quieted all competition there." Remick testified today that his profit in the deal has been "about $60,000." Remick said that from the time he Continued on Page 2. - - I AND PRICES WERE LESS. t j INDEX OF TODAY'S NEWS The Wether. TESTERDAT'S Maximum temperature, 41.2 degrees; minimum, 33.4 degrees. TODAY'S Occasional ratn; easterly winds. Fore-ten. Lr. "Wllhelm Bode says Americans tate in art measured by cirllars- Page. 1. Fairbanks did not ask for audience; merely expressed desire to see pope. Page 1 Xiuional. Government-owned steamship line on Pacific arjrued in Senate committee. Page 5. Rivers and harboxs bill is liberal to Oregon projects.- Page- 2. Senate instructs members of , committee to refuse to obey writ commanding appear ance in court: House consents to obey .- summons. . Page 3. . Iouaestic Attorneys say they have shown Betl control of recen t ly bou g h t independent phone companies. Page 1. Dr. B. O. Hyde arrested, charged with mur der oof Colonel Thomas H. Swipe. Page 1. "W. Oould -Brorcaw goes to Arizona to rest. Page 6. Pullman company declares stock dividend of 2O.O00.O00. Page 1. JS ports. Fight between Attell and Oonley is trans ferred to los Angeles. Page 7. Bam langford signs for return match with Jib Flynn in los Angeles . Page 7. Salt Lake's hopes for staging big: fight re vive. Page 7. CConnell wins match with Matsuda, who refuses second bout; row follows. Page 7. Commercial and Marine. More Interest shown In fancy apples. Page 19. Steady advance in wheat at Chicago. Page 10. Recovery of stock prices checked. Page 19. British bark Forth hank chartered to load lumber for Australia. Page 18. Pacific NorthWeit. Fish Commissioner of Washington and Fish "Warden of Oregon to collaborate , in man aging salmon affairs. Page S. Boise stockmen fleeced of $300O by bunko gang. Page S. On face of primary returns, friends of Gill figure he has already won Mayoralty cam paign in Seattle. Page 5. State of Washington charges fraud In sale of timber lands; sues to cancel deeds. Page S. James Farren, Southern Oregon pioneer. dies, ajced 104. Page 8. Portland and Vicinity. Tract west of Rose City Park, bought 27 years ago for $ti5,0O0. sold for AoOO.000. Page 14. Many victims are found by agents who so licit filings on railroad - land grant. Page 3 2. Mayor willing to help In grand jury investi gation of prizefights. Page 12. Bo Ham Jury polled at instance of streetcar company, which has another to try before the same panel; attorney admits Interest. Page 9. Biennial conference of Seventh Day Ad- . ventists is opened. Page 14. Railroad from Tillamook to Vosburg will be opened by April l. Page 18. Depositors of defunct Oregon Trust expected to be paid Saturday. Pa-ge l'Z. Hermann's lawyers begin final argument: tria'. may end today. Page 9. Republican -State Central Committee to meet today to choose chairman to suoceed W. M. Cake. Page 14. ALLEGED FAKER IS ILL Mrs. Maud Johnson's Condition Puzzles Vancouver Doctors. VANCOtiVKS'Vvash.. Feb. 10. (Spe cial.) Mrs. Maud Johnson, the alleged injury faker, who has been in jail here for the last few weeks, waiting: trial on a charge of defrauding the Northern Pa cific Railway Company out of $12o0, has been ill since Monday morning. Two physicians were called to the Jail to at tend her last night and the prisoner's husband came from Portland on the last boat. She is better today. County Physician Black said today that the woman was suffering from tympan itis, a gajseons swelling. She is hysterical at times and her physicians are mysti fied. Dr. Black said her illness might prove serious. Focmal charges were filed against Mrs. Johnson today by Prosecuting Attorney Stapleton. The charge filed alleges fel ony by fraudulently obtaining damage money from the Northern Pacific Rail way Company. ILLINOIS GETS PRIMARY Bill Is Then Introduced to Nominate General Assembly Members. SPRINGFIELD, 111.. Feb. 10. A dta-ect plurality primary bill, which previously had passed the House, went through the Illinois Senate with a rush today. Trail ing it were a separate measure for nom ination of members of the General As sembly and a bill making it possible for cities by majority vote to retain the old form of nominating municipal officers. TUFT TO DECLARE POLICY ON TRUSTS Nation in Suspense on Trust Decisions. PRESIDENT'S VIEWS STAND Speech in New York Will Show Flurries Don't Move Him. MAGNATES SEE NO HOPE If Federal Incorporation Passes, It Will Xot Save Trusts From Ef fecls of Standard and Tobac co Decisions, if Taft Wins. WASHINGTON, Feb. 10. A confer ence held at the White House last night between President Taft and Senator Ald rich was only the forerunner of others in the near future, the outcome of which probably will be the Issue of a state ment dealing with the situation that Is discussed wherever two or three are gathered together", yet which apparently nobody" thus far has adeemed it. prudent to make the subject of public utterance. That situation relates to the possible consequences, financial, industrial and political, hanging upon the decisions ot the Supreme Court of the United States in the cases of the1 American Tobacco Company and the Standard Oil Company. ' The immediate subject of last night's conference between the President and Mr. Aldrich was the Adnilnlstration's proposed amendments to the Interstate commerce law. but the effect of th.e Su preme Court decisions in the tobacco and oil cases was discussed also and will be further diacussed on Monday. Flurries Don't Swerve Taft. Meanwhile the President -will speak in New York Saturday night on the sub ject, it is said, of "Party Pledges and How They Should Be Kept' and he Is attempting no concealment or modification of his intention to make the decision of the Supreme Court the guide of the Gov ernment's further action in regard to cor porations charged with -violations of the Sherman anti-trust law. He makes it plain to all Inquirers that he has in no wise changed his view of what in bis message to Congress he described as his duty to investigate the conduct of all trusts. Mr. Taft says he will not be swerved therefrom by rumors or flurries or other manifestations "in Wall street." The general impression here ts.that the Federal incorporation bill will not be passed at this session. All the talk is un favorable to its substantial progress and Mr. Taft recently disclaimed any intention of attempting to force its passage. Xo Legislative Relief Xear. ' But, even if it were enacted in its present form, it offers, in the opinion of members of Congress and of corpor ation men, no material relief from the condition that hangs upon the decision of anti-trust cases. The bill provides that it shall not be construed to cre ate a shelter or immunity for any cor poration that has violated the Sher man law. Nobody here shares what ap pears to have been the popular impres sion that the proposed Federal incor- (Concluded or Page 5.) DEATH WARNING IS PROVED TRUE MOVED BY STRAXGE IMPl'LSE, EXGlXEEIt LEAVES WORK. I'aial Accident Follows Similar Omen Preceded Death of Family Within Two Days. I.OS ANGELES. Cal.. Feb. 10. (Spe cial.) Eugene O'Hara. chief engineer on board the steamship Santa Clara for many years,- was accidentally killed by electricity tonight at Kingman, Ariz., where he went to look over some mining property. Early yesterday morning his sister, Mrs. . Frances O'Hara-Fields. 214 Eastlake avenue, went to Calvary Ceme tery, moved by a desire to look upon her mother's grave, and was greatly sur prised to find her brother Eugene there also. .. "Why, Eugene," she asked, "How do you happen to be here?" "I can hardly tell you," he responded, "but a peculiar feeling has come over me that this will be the last time I will ever see mother's grave. I feel Just as I did before the children died, and I am sure that something is going to happen to me." He referred to an affMction that befell his family in San Francisco. November 20, 11103. He arrived ir, port that day and was told as he stepped from the plank that all his six children had died of diphtheria that day. His wife died the next day. O'Hara had given up a good berth on a Pacific steamer to come here. AMERICANS' ART TASTE BAD Dr. Bode, Noted Authority, Says Big Names All That Is Wanted. BERLIN, Feb. 10. (Special.) Ameri can art connoisseurs have enough money, but only a limited amount of taste, according to Dr. Wilhelm Bode, the famous director of the Prussian art galleries, recently Involved In a world-wide controversy over the gen uineness of a bust he acquired. Eu rope, he says, should take advantage of this fact and protect itself against predatory American millionaires who are despoiling the Old World of its art treasures. "Owing to competition," writes Dr. Bode in a leading German art Journal, "American prices for pictures have again Increased. Simple portraits by Rembrandt and Hals are selling for 1,000.000 marks ($250,000), which is six times what they brought a few years ago. Such gigantic prices exclude Europeans from competition. . "American taste, howevvr. 1 limited and leaves a rich choice of masterpieces which they do not want. They are after big names and for the famous works of Rembrandt, Van Dyck, Velas quez and Titian they will commit any folly. Smaller paintings of even these masters, though, they do not want. We must derive an advantage from this sit uation for artistic values are not measured with a yardstick." Dr. Bode has been conducting a vig orous campaign aganst activities of American collectors. CLAGSTONE SEEKS OFFICE Idalio Candidate for Governor Is : Prohibition Advocate. LEWISTON. Idaho, Feb. 10. Paul Clag stone. Representative from Bonner County and Speaker of 'the House during the last session of the Legislature, to night formally announced his candidacy for the nomination of Governor on the Republican ticket, to succeed Governor Brady. Mr. Clagstone has announced his plat form as being favorable to state-wide pro hibition, legislation desired by the farm ers' organizations throughout the state, conservation of the state's resources as begun by Gifford PInchot and President Roosevelt and continued by President Taft and Secretary Bellinger, anti-trust legislation to reduce the cost of living, the enactment of such laws as will pro tect the settlers on Carey act lands so that they will be required to pay only the cost of reclamation and a revenue re vision with a view to reducing taxation. Mr. Clagstone has also announced his Intention of campaigning Nez Perce County in the interests of local option for the election to be held March 9. ARMY BARBED WIRE DOWN' Vancouver Road Blocked During Work Cleared by Miscreant. v VANCOUVER, Wash., Veb. 10. (Spe cial.) Barricades of barbed wire on Reserve street, from Thirteenth street to the Cemetery, were torn down last night. Reserve street, while it is used as a public thoroughfare. Is a part of the military reservation, and as such is under the complete control of the military authorities. The barricades were put up again today, much stronger than before, and a guard has been stationed on that part of the garrison grounds. The Government will expend $20,000 In macadamizing this 8200 feet of Re serve street, and the specifications re quire the street to be shut 'off from traffic while the work is being done. PARRICIDE STORY DOUBTED Attorney Defending Mrs. Brown Questions Victim's Son's Tale. BARTLESVILLE, Okla., Feb. 10. T,he state closed its case today against Mrs. A. H. Brown, charged with murdering her husband. Mrs. Brown's attorney, in making the opening statement for the defense, ques tioned the sensational story of Peter Brown, the dead man's sou, that he killed his father. It was hinted that the older Brown really was not murdered at all. Mrs. Brown, said the attorney, would deny Improper relations with her stepson, and insisted she did not influence him to murder bia fathes. PULLMAN SLICES ENQRMOUSMELQN Twenty Millions Given, to Stockholders. SHARES tfORTH DOUBLE PAR Increased Investment in Fa cilities Is Public Reason. MORGAN'S ADVICE TAKEN Step Taken Xow Iest Federal Incor poration Act Shall Make It 1m- - possible Datcr On Total Gifts $64,000,000. CHICAGO. Feb. 10. The directors of the Pullman Company decided at a spe cial meeting today to give the stock holders a stock dividend of 20 per cent on the corporation's $100,000,000 of cap ital. This will call for the Issuance of $20,000,000 of new capital, worth nearly $40,000,000 in the open market, which will be given to the present sharehold ers without cost and will swell the company's total capital stock to $120, 000,000. Stock Worth Twice Par. Pullman stock pays $8 a share divi dend each year and sells in the market at $198 a share, or nearly twice par value. This stock dividend of 20 per cent is about the equivalent of 40 per cent, therefore, of the par value of the stock. In a statement made by directors an nouncing the dividend, this afternoon, it was pointed out that "the consider ations influencing this action were that the Increased investment in the manu facturing facilities of the company had been so material and considerable as to justify the directors in the belief that it should be represented in addi tional capital stock of the company." Original Capital One Million. The declaration of a dividend at this time is understood to have been on the advice of J. Pierpont Morgan, one of the controlling figures in the company. It is said to have been Mr. Morgan's idea that if the company contemplated increasing its capital in this way, it would be better to do so before the passage by Congress of some bill like the Federal incorporation bill made it impossible. The dividend of $20,000,000 will make a total of $64,000,000 of stock which the Pullman Company has given to its stockholders without cost in 12 years. The original capital of the company was $1,000,000. COUNTY SPLIT THREATENS New Issue Is Injected Into Local Option fight at Dewiston. SPOKANE, Wash., Feb. 10. (Spe cial.) A new issue has been injected into the local option campaign In the last few days at Lewiston, Idaho, by the inauguration of a movement, both in the Orofino country and the Prairie districts to introduce in the next Leg islature a bill for the division of Nez Perce County into three counties... a meeting having been called for Satur day night at the Orofino Commercial Club to formulate plans, and both fac tions admit that the anti-local option ists will take advantage of the move ment to secure votes in the territory embraced. The plan is to make one county out of the district north of the Clearwater and east of the North Fork, with Oro fino as the county seat, and another out of the Nez Perce prairl esection, with either Nez Perce or Vollmer as the county seat. The leaders in both camps admit that county division has an important bearing on the local on tion fight. CHEHALIS PUPILS DOUBLE Report Shows Children Increase From 3 4 40 to 6839 in Decade. MONTESANO, Wash., Feb. 10. Accord ing to figures taken from the recent ad dress of County Superintendent of Schools McKtllip, Chehalis County now has S;3 persons of school age. as compared with 3446 ten years ago. Of these 2238 are in Aberdeen, 1420 in Hoquiam and the re maining 3181 in the cities and country districts of the rest of the county. During 1909 $189,196.24 was expended for school .purposes in the enure county, as compared with $42,661.80 spent in 189. The expense of Aberdeen alone in 1909 was V.i times the entire cost of the county for 1599. Publicity Secretary Resign. OREGON CITY. Or., Feb. 10. (Spe cial.) At a meeting this evening of the publicity department and the advisory board of the Oregon City Commercial Club, the resignation of S. P. Davis, secretary of the publicity department, was tendered and accepted. Mr. Davis has been with the club about eight months. Supreme Court Cases Set. SALEM, Or..' Feb. 10. (Special.) In the Supreme Court the following cases have been set for hearing: February 23 State vs. Smith; Tillamook City vs. Tillamook County. February 24 State ex rel vs. V. R., L. & P. Co.; Talbot vs. Smith. February 25 Moorehouse vs. -Weistv Co.; Kelsey vs. Taylor,