THE MORNIXG OREGOXIAX, THURSDAY, . MAY '5, 1910. BANKER GETS STAY Of WRIT OF ERROR United States Supreme Court Grants Respite to J. Thorburn Ross. JUSTICE M'KENNA ACTS Kcw York Attorney Appears for Convicted Man, and Will Argue That Oregon Court Deci sion Is Ex Post Facto. OR EGONIAN NEWS BUREAU, "Wash ington, May 4 Justice McKenna, of the United States Supreme Court, as signed to the Ninth Circuit, today granted the petition of J. Thorburn Ross for a writ of error, -which in ef fect permits Ross to bring- his case to the United States Supreme Court for a rehearing. In granting this writ the merits of the case are not passed upon in any way, but after reading Ross' petition Justice McKenna was satisfied there was at least reasonable doubt about a constitutional question being involved, and on that ground directed issuance of the writ. Ross must deposit a bond to cover the costs before the writ will finally be issued. This may be "done within a few days. Ross is now in Norfolk, Va., but is expected to return to Wash ington in a day or two. Ross is rep resented by W. D. Guthrie, a famous constitutional lawyer of New York, who drafted the petition which was submitted to Justice McKenna. It Is understood Ross' appeal, when docketed, will not be reached until the next term of court. v SALEM, Or.. May 4. W. P. Lord, of this city, one of the counsel for J. Thorburn Ross, has received a tele gram from the East stating that a writ of error has been granted by the United States Supreme Court. Mr. Lord said: "The usual procedure to obtain a writ of error is to present the petition for a writ through the Chief Justices of the Supreme Court of the state, but in this case application was made directly to one of the Justices of the Supreme Court of the United States. The peti tion for the writ was presented to Justice McKenna about 10 days ago, and it was acted upon this morning by allowance of the writ. The ground for the writ is that Ross contended in the Supreme Court of Oregon that the over ruling of a previous decision by the Circuit Court, in Baker vs. Williams, In the 42d Oregon, which held that a de posit of educational funds was a gen eral deposit, and the holding bj the Circuit Court, in Baker vs. Williams, in special, was ex-post facto, depriving lines of his liberty without due process of law. There are also other grounds, such as the repeal of the information system without a saving clause for pending crimes, but this is only inci dental and is not relied upon as the main ground of reversal. "The case is now in the United States Supremo Court square on its' merits, and will be taken up in its regular order of niBument. The contentions there will be no different than in the Supreme Court of Oregon." .... 1-JAI1LY DECISION' NOT LIKELY l!os Appeal May Be Months Before Supreme Court. The Ross caso has been pending in the courts since his sentence in October, luon. The outlook is it will be many months before his case comes to hearing in the United States Supreme Court, for that tribunal is about to adjourn for the Summer vacation, and will not again tnko up business until October. Besides this the docket is said to be congested and the Ross case mut await its turn. Ross, who was president of the now defunct Title Guarantee & Trust Com pany. was convicted on a charge of con verting public money to his own use. Mate school funds having been deposited in his bank, lie was sentenced to serve five years in the penitentiary, and to iuv a fine of $576,000 or serve out the fine at the rate of $2 a day in the Mult nomah County Jail. This would have amounted to 700 years. - Upon appeal, the Stale Supreme Court held tho fine to be excessive and it was remitted. The point was made before the State Supreme Ciiurt that Ross could not be legally tried upon an information filed by the restrict. Attorney, when the Leg islature changed the law between the lime tho information was filed and the lime of the trial, making it the business of the grand Jury instead of the Dis trlct Attorney to return Indictments. Kut Wallace McCamant, who appeared wirli ex-Governor W. P. Lord as Ross' attorney, said yesterday this is not the chief point relied upon by the defense in the Supreme Court. It is Attorney Guthrie's contention, he declared, that i;n..s has been made the victim of ex post, facto legislation. "It is tho contention of Attorney Guthrie." said Mr. McCamant, "that the State Treasurer had a right to deposit the school funds in a bank for safe keep liiir. He contends that the State Supreme Court In the Ross case overruled the de clsioii of the Supreme Court in the case of tinker vs. the Williams & England Banking Company. ' Three other charges still stand strains Ross in the Circuit Court. He is charged with having loaned a part of the state school fund to M. B. Rankin and to have refused to pay it back to the State Ti-eaeurer on demand. Ross is now in Washington, havln been in the East since March 1. marks- or to quote what may have been a mis-statement, but 1 heard, or saw, a criticism of one appointment, on the ground, as I understood it, that the ap pointee was not an implacable foe of wealth and corporations. I think per haps that criticism has been misunder stood and that its author did not intend to give the meaning it seems to have. -I believe all Democrats and Republicans, regulars and insurgents, who are pa triotic citizens and we ell are that favor having upon the bench men who are foes of nothing but what is wrong and favor equal justice to everyone, whether an or ganization of men doing business under the law as a corporation to promote the industries of the country or the humblest citizen struggling with his hands to earn a livelihood for his family. "I do not mean to say men by their habits of life may not acquire a preju dice in one direction or another, and that it is not wise to select for the highest tribunal men who have no such bent, but I do mean to say there is. In the public journals and in what I may call the cant of the demagogues, a disposi tion to charge that kind of a bent In favor of corporate wealth and corporate greed and corporate monopoly when such charge is unjust. "This assumption of peculiar honesty, manifested by class declaration and the tirring up of class spirit ought to be deprecated In our republic or it will lead to great danger. We ought to take up the discussion of public questions and their effect, with judicial calmness- and not be affected by charges of prejudice and corrupt motives I say charges ut terly unsupported by evidence or calm consideration. Court Delays Criticised. "Now, all I appeal foris Justice and square deal ot especially for myself. for Indeed I am in a position where I can. get along better without It than some of the rest, but I am appealing for Jus tice In dealing with, all classes. I said all classes'. Of course, practi- ally, It is pretty hard to give. To our socialistic friends who decry our present institutions, I could furnish & good deal better ground for complaint than they themselves give. I have talked about this before, and t is no new theme with me. I think, if they were to object to our administration of Justice and its delays, arising from the traditional methods of courts, by- which the man with the longest purse has the advantage, they would be getting, as the children say, 'pretty warm' toward a subject that wllf bear full discussion and pon which we must have very decided reform. We must arrange it so cases are de- ided more promptly. I sav that the United States courts are not models in this regard, but all courts may be re formed in this regard. What Is driving you merchants out of courts into arbi trations? It is the cost of litigation. We ought to have courts disposing of business promptly and end litigation, and I speak as a lawyer and judge, and, therefore, I speak with confidence, because I know what I am talking about. I feel much more at home on this subject than I do in discussing agricultural subjects with farmers." night to Withdraw Sought. Addressing a Joint meeting of the farmers' Union and the people oi bt. Louis today, President Taft devoted himself to a technical discussion on the subject of conservation. He de clared the term covers a wide ranite of subjects. IBut as concerns Congress at this time." lie added, "conservation resolves itself nto the necessity of cassinsr at once the bill which will give to the Executive un questioned authority to withdraw lands for power sites and other purposes. With tnis power In the hands of the United States we can sit comfortably by and dis cuss ana devise the beet means of dis posing of the great public domain to the benefit of present and future genera tions. " . i Speaking of the conservation of the water supply and the improvement of rivers and harbors. President Taft stated anew his position that projects provided for In the harbor bill - must prove the feasibility and practicability. His state nent in this respect was especially in teresttng In view of the recent reports that lie contemplates a veto of the bill that is to pass the present Congress. Any waterway improvement which is found worthy," said the- President 'should be put through as economically and quickly as possible. But a water way bill ought not to constitute a pork barrel, or be passed for the purpose of sending somebody back to Congress it should be devoted to putting through great enterprises, to making the waterways useful and effective in reduc ing rates of transportation." CARNEGIE LAUDS TAFT ISILETZ LID BILL PUSSES CONGRESS Sections Reserved for Educa tional Purposes to Swell School Fund. TAFT STRIKES AT CRITICS ( '"onttnuefl from First Page.) Actual Residents to Have Preference In Bidding and Privilege of Removing Improvements Will Be Conceded. OREGONIAN NEWS BUREAU. Wash ington. May 4. The House today passed the bill previously passed by the Senate providing for the sale of about five sec tions belonging to the Siletz Indians on the Siletz reservation in Oregon. The bill authorizes the Secretary of the In terior to sell at public auction lands which were reserved under article four of the Siletz treaty of October 31, 1852. The secretary also Is authorized to survey and appraise the lands on the Siletz reservation that were reserved for Administration purposes and those re served for educational and missionary purposes and to sell them as town lots, reserving from sale, however, any wa ter-power sites that may be located on the land In question. Lands contained In the Government farm, except such as may be needed for the Indian day school, shall also be subdivided into tracts not exceeding five acres -each. Forty acres of the Government farm land nearest the present Government buildingV however, must be laid out in a towns ite and be subdivided into town lots and sold at not less than the ap praised price to the highest bidder, with out considering improvements thereon, reserving to business men and actual res idents the preference right to buy the lands upon which their respective build ings stand. When such lands are sold to another than the owner of the buildings, the other shall have the right to sell his im provements or remove them within three months. All town lots laid off under this bill shall be sold under the general town- site law, the net proceeds to be expended lor the day school. The bill appropriates $300,000, to carry out its provisions, to be . reimbursed from moneys derived from the land sales. No liquor shall be sold on any lands affected by the bill for a period of 25 years. PRESIDENT'S WORST FAULT IS HE WORKS TOO HARD. Roosevelt Has Done "Spade Work' Xow His Successor Is Busy Sowing Seeds. NEW TORK, May 4. Before sailing to day for his Summer home In Scotland. Andrew Carnegie had a few words to say about the tariff. "In my opinion greater progress had been made by the latest tariff revision to wards the perfect tariff than ever before, he observed. "Of course, it is hard to please everybody, and I can only express my opinion by quoting something I read on a postal card lately: "Let the scowlers scowl, let the howlers howl, and the poll ticians go it. The country's all right and 1 Know it. Mr. Carnegie highly complimented Presi. dent Taft, saying that he was a mode President, but that he worked too hard. Mr. Carnegie said: "He wants to please everybody and in mat lies nis greatest tault. There is no comparison with the work of the previous Administration. One did the spade work and the present Administration is sowing tne seeds, as to Mr. Roosevelt's plans. 1 don't know what he wants, but he has a way of getting anything he does wan and I presume when he returns he will obtain whatever he is looking for." seem to favor a mileage basis fo freight rates. I would view the adop tion of such a principle with a great deal oi anxiety. -Rut as I have said. I do not feel have studied the question sufficient! to express views on this particula provision, but I am afraid those gen tlemen who are most emphatic in think ing that is the easiest solution of the question, these gentlemen who come from the interior, will find themselves in the same position as that son of Erin who sat on the limb and sawed it off." Huglies Is Defended. In his afternoon address at tha luneheon of the Business Men's League, President Taft said he re garded the Supreme Court of the United States tho most sacred thing in this Government and the appointment of men to that bench the highest and most s.nred function an Executive has to perforin. "I do not like to be invidious in my re- IMPORTANT WITNESS ILL Customs Official's Sickness May Affect Sugar Trust Case. NEW YORK. May 4. The illness of Richard Parr, the customs' official ices de 0WNSITE PROVIDED FOR the expressman after them, is found to be a fact by the police of this city. Some of the tools found in one of his many caches was identified by the manager of the brewery. Herman formerly worked at the brewery as a cooper. JAPANESE REACH NEW YORK Around World Tourists Soon to Sail for Europe. NEW TORK, May 4. The party of Japanese business men who are mak ing a tour of the United States on their way around the world reached here today from New England and left shortly afterward for "Washington. After its Washington trip the party will return to New York for a four days' visit before sailing for Europe. Philadelphia May 4. The 57 Japanese who are touring the United States came to Philadelphia today from New York and visited places of Inter est. M. Tuchiya, editor and owner of a Tokio newspaper, in an interview, said: "We are just the same in Japan as you in regard to the newspapers. We interview and photograph people just the same. We have a news service in Japan and In addition we get the serv ice of the Associated Press. Japan is very much like America." ( BUCKETSH0P PROBE ENDS SYNOPSIS OF THE ANNUAL STATEMENT OF THE British & Foreign Marine Insurance Company, limited of TJverpool. England L7nlted States Branch), on the Slat day of December, 1909. made to the Insurance Commissioner of the Stat, of Oregon, pursuant to law : Capital. Amount of capital paid up $ 017,000.00 Income. Preniuma received during' the year In cash 817.876 98 Interest, dividends and renta re ceived during the year....... 41.789.16 Income from other sources re ceived durtng the year....... 792.90 Received from tiome office of company ...... . .. . - . . 673,759.83 Total income S1.534.01S.67 . Disbursements. Losaea paid during the year....$ Commlsaiona and salaries paid Conspiracy Indictments Already Be lieved to Be on File. WASHINGTON, May 4. The Investi gation in the New York end of the wire responsibility for the receipt of stock quotations by bucketshops was con cluded today before the Federal grand Jury. Should a presentment aglnst the Western Union Telegraph Company be voted, it would be several days before an indictment could be returned. It is understood that additional con spiracy indictments are on file with the Department of Justice. HAMER Bllilj WILL, BE PASSED Heyburn Only Objector to Jleasure for State Exchanges. OREGONIAN NEWS BUREAU. Wash ington, May 4. The Senate public lands committee today ordered Senator Jones to make a favorable report on the Hamer bill, which recently passed the House, authorising the states to exchange their school sections in forest reserves for compact bodies of forest reserve land of like quantity and value. Senator Heyburn was the only mem ber of the committee to oppose a favor able report, and gave notice that he would continue hia objection when th -bill is called up for consideration in the Senate. Senator Borah differs with his colleague and will urge the passage of the bill. All other Western Senators favor the bill and it will pass whenever it comes to vote. MORE AID DTTE COAST SHIPPING Senator Piles Would Amend Omni bus Lighthouse Bill. OREGONIAN NEWS BUREAU, Wash Ington, May 4. Senator Piles today pro posed the following amendments to the omnibus lighthouse bill: Establishing a lighthouse at Eliza Island, Bellingham Bay. $30,000: light house at Kellets Bluff, $30,000; light ves sel for a station at Partridge Point, too.- 000; aids to navigation of Buget Sound $41,600; lighthouse tender for Alaska. $225,000; increasing appropriation aids to navigation in Alaska from $30,000 to $SO,000. WELCHERS MUST PAY UP Court Orders Three London Com panies to Make Losses Good. SAN FRANCISCO, May 4. A lurv In the United States District Court here today granted to eight property owners of this city $122,015.12 as a settlement of their claims against the Alliance, Commercial Union and Palatine Insur ance Companies, all of London, which refused to pay claims arising from the fire of 1906. alleging that the earth quake clauses in their policies protected tnem trom paying the amount of Insurance which they had written. BANKER MAY BE SUICIDE Body of S. K. Sneed, ex-President National Association. HENDERSON, Ky., May 4. The body of S. K. Sneed, ex-president of the Na tlonal Bankers' Association, was found in the river here today. He had been missing since Sunday and is believed to have committed suicide. STUDENTS HAVE SMALLPOX Nebraska Chancellor Orders Stu dents to Be Vaccinated or Report. LINCOLN, Neb., May 4. Chancellor Avery, of the University of Nebraska, today directed that the students submit to vaccination or report to the authori ties each day for examination. More than a dozen cases of smallpox have been discovered among the students. BODY IS BURIED IN LIME Crucifix and Wisp of Red Hair Clues to Murder. CHICAGO, May 4. A feather bed, roll of canvas, a sliver crucifix and wisp of bright red hair are relied upon during the year Taxes, licenses and fees paid during the year ............. Amount of all other expendlturea Returned to home office of com pany 278.370. 46 J39.05T.19 19,347.16 35,957.57 936.330.80 Total expendlturea $1,459,063.18 Aaaets. Due from other companies for reinsurance on losses already paid t Value of stocka and bonds owned Loans on mortgages and collat- ciai, etc Cash in banks and on hand ..... Premiums in course of collection ana in transmission . Interest and renta due and ac- 26.220.63 999.276.00 17.000.00 66,248.13 13,030.54 crued Total assets admitted In Ore, gou . .41.412t203.30 Liabilities. Gross claims for lossea unpaid- . $ Amount of unearned premiums on all outstanding risks. - Due for commission and brokar- 97.486.11 123.9S7.80 82.614.73 28,294.1: 193,424.4 All otheViiaiiitlei""rrr"II Reinsurance premiums . . . Total liabilities 475.801.35 Total insurance in force Decem ber 31, 1909 .$8,827,313.00 Business in Oregon for the Year. Total risks written durlns- the year $T,699,oeo.OG 48,205.79 S7.57 94.348.14 94,348.14 3 Gross premiums received dur ing the year ................ Premiums returned during' the rear . Xossea paid during the year .... Losses incurred during the year. Total amount of risks outstand- ine- in Oresron December 31. 1U09 ...$ 964,785.00 British A Foreign Marine Insurance Co.. Ltd. By Balfour. Guthrie & Co., general agents. Statutory Resident general agent and at torney Tor Bervice, wm. Mackenzie, Port land. 0-etron by the police to help solve the mystery of the slaying of a man whose body was found buried In quick lime under a shack in Kenosha, wis., yesterday. Workmen engaged in digging a sewer trench under the shack struck into the secret grave. The lime had eaten away nearly all the evidence of crime. Before burial the body had been cov ered with lime and then carefully wrapped in the canvas. One of the first clews Involved a man and a woman who rented the shack about six months ago. They came from Chicago or said they did. They bought several pieces of second-hand furniture, but sent It back to the store after a few days and disappeared. ( Another clew involves the unexplained disap pearance of Jorgen Fredson, a farmer of Brighton, Wis., last January. Imperial Husbands Pensioned. CONSTANTINOPLE, May 4. The Chamber of Deputies today reversed its recent action and voted to make the usual grant of 2160 pounds Turkish to the hus bands of the Imperial princesses. In con sequence the Ministers have withdrawn their resignations. Students Battle Over Girl. SAN MATEO. Cal.. May 4. Stripped to the waist and using, bare fists, David Caldwell and Otto George, two fresh- AND CALLING CARDfl WG.SMITH & CO .VtASH'H 6T0M BUXrafnc WAaKtNGTCsJi Oregon Trail Bill Passes House. OREGONIAN NEWS BUREAU. Wash ington, May 4. Representative Humph reys' bill providing for marking the Oregon trail was favorably reported to the House today, carrying an appro priation of $25,000 and granting to the Secretary of War authority to receive private contributions to swell the fund for erection of suitable monuments. Carrier Places to Be Killed. OREGONIAN NEWS BUREAU, Wash ington, May 4. Civil seivice examinations will be held in Vancouver and Walla Walla May 28, to All vacancies In the rural mail carrier service. Harte Confirmed as Receiver, OREGONIAN NHWS ' BUREAU. Wash ington, May 4. The Senate today con firmed the nomination of Charles T. Harte, as receiver of the Halley, Idaho, Land Office. Portland Man In Weather Service. OREGONIAN NEWS BUREAU. Wash ington, May 4. Floyd D. Young, of Portland, has been appointed an ob server in the Weather Bureau Service. who discovered the fraudulent devi by which the Government van prived of duties on sucrnr I seriously hamper the Government in its pros-ecution of Charles R. Heike, secretary of the American Sugar Re fining Company, whose trial is set for May 10. The Supreme Court in Washington on Monday threw out Heike's Immunity plea, and the long-delayed trial was to be begun next week. Tobacco Trust Pays Extra. NEW YORK. May 4.-The American Tobacco Company today declared a quar terly dividend of ?H Per cent on the com mon stock and an extra dividend of TV, per cent. A quarterly dividend of lhi per cent was declared on the preferred stock. All these dividends were the same as those for the last quarter. The extra div idend declared a year ago for the corresponding- Quarter was 6 per cent. CLARK TO BUILD BRIDGE Washougal Will Be Spanned at Cost of $13,540. . VANCOUVER, Wash., May 4. (Spe cial.) A bridge across the Washougal River will be built by the County Com missioners between the towns of Camas and Washougal and on the state road which has been completed in Clark County. The lowest bid was $13,540. by the Columbia Bridge Company of Walla Walla- The bridge Is about 1300 feet long. The citizens petitioning agreed to repair the old bridge over the Wash ougal, some distance up the stream fr'om Camas, at a cost of about ,2000. LOOT WIDELY SCATTERED Material Cooper Is Charged With Stealing, Hidden In Cellars. VANCOUVER. Wash.. May 4. (Spe cial.) That Louis Herman, the man taken to Portland to answer to the charge of larceny, rented cellars and other places in which to store the roods ha- secured simply; by sending New Lenses T wo H m ours OCULISTS, knowing; us professionally, favor us with their most complicated prescriptions. i OLD patrons, acquainted .with our'work through experience, recommend us to their friends. But there are thousands of strangers to whom thename COLUMBIAN' OPTICAL CO. signifies nothing of individuality. They've passed our windows and admired them. They've noticed our advertisements. J3ut they've never favored us with their patronage because, perhaps, they've never realized the advantage of doing so. But some day these strangers will enter our store. And when they do, theyl wonder at the patience they displayed in the' past. They'll get new lenses in two hours when they expected to suf fer a day without glasses; they'll get service such as they never knew had been perfected. .." Of all our patrons, those who appreciate our efforts the most are those who have had the most experience with opticians. 133 Sixth St. OREGONIAN BUILDING, PORTLAND, OR. Silence ! The instinct of modesty natural to every woman itoften a great hindrance to the cure of womanly diseases. Women shrink from the personal questions of the local physician which seem indelicate. 'The thought of examination is ab horrent to them, and so they endure in silence a condition of disease which surely progresses from bad to worse. It baa been Dr. Pierce' a prirlla&e to cure a reat many women wAo have found m refaia tor modesty in hia offer of FREE conaalta tion by letter. 7111 correspondence ia held aa aaeredly confidential. Uddreas Dr. R. V. ' Pierce, Buffalo, X. Y. Dr. Pierce's Favorite Prescription restores and regulates the womanly functions, abolishes pain and build up and puts the finishing touch of health on every weak woman who gives it a fair trial. It Makes Weak Women Strong, Sick Women Well. You can't afford to accept a secret nostrum as a substitute for this non-alcoholic medicine of known courotmox. CHEST D luits and Top Coats For the gentleman who appreciates style, good tailoring, per fect fitting clothes, CHESTERFIELD clothes possess all of thfe qualities men tioned and are guaran teed to retain shape. If front of coat of any CHESTERFIELD suit breaks in one year's wearing, we will give customer a new suit free. Suits and Coats priced - $25 to $50 Would like to show you late styles. G. 273-275 Morrison at Fourth R KAY men of the local high school, fought an eight-round battle in the basement of the school yesterday, Caldwell finally win ning by a knockout. The boys are said to be rivals in love and a bitter feud between them resulted in the encounter. The blow that lost George the fight rendered him unconscious, it is reported, and it was long after the referee counted ten before he recovered. George, it is said, has challenged Caldwell to a return fiffht next Saturday. . Electric Light and Power Direct From Primary Cells THE ESSENTIAL POINTS ARE: Simplicity, low cost, h!gh efficiency, low voltage, no danger from fire or Injury to person, brilliancy of and steadiness of lights- The Vine Are lunumerable.' A few of them are the lighting of homes, barns churches, stores, hotels, public buildings, halls, mills, camps, fac tories, railway coaches, station and switch points, steamboats launches, automobiles, etc THE DREAM OP SCIENTISTS NOW MADE A. REALITY THROU6& THE REMARKABLE! LWEATiON OF DK. H. W. DARBY. Flip .' :uf ;!P ..- ' 1 i ' I S i POWER for running- fans cream separators, churns, washing- machines, small lathes for Jewelers and dentists, sewing machines, autos, small launches, electric irons, coffee percolators, toasters, vaouum carpet cleaners, etc Send for printed matter -tor full information, or better still, come and see a plant in actual operation. THB PACIFIC COAST BATTERY Co, organized and Incorporated in Portland, re giving: daily demonstrations (evenings by sppolnt ment), rooms 615 and 616 Swetland building. The public is Invited to see and inspect this for themselves. A big dividend paying invest- merit. stock; for sale. C. H. Revercomb, Financial Agent PACIFIC COAST BATTERY CO. SIB and SIS Swetland Bids., Pbone Marshall 693. Portland, Oresomw San rrancisco $10 First Class, Including Meals and Berth. (Second Class $5.00) S. S. ROSE CITY (E. W. MASON, Master )V SAILS 9 A. M. SATURDAY, MAY 7 M. J. ROCHE, C. T. A, 142 Third St. Main 268, A 1402. J. V. R ANSOU, Dock A cent, Alnsworth Dock. PHONES Main 268. A 1234. 6 AN FRANCISCO A PORTLAND STEAMSHIP COMPANY.