Morning Oregonian. (Portland, Or.) 1861-1937, October 22, 1910, Page 2, Image 2

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    -tttp vnnvTvn nT?rr.nvrA. SATURDAY. OCTOBER 22. 1910.
DETHRONED MONARCH WHO IS IN EXILE, AND SEVERAL PICTURES OF WOMAN WHO AIDED IN
HIS DOWNFALL.
MYSTERY MADEOF
LIBEL SUIT WILL
BE HEARD MONDAY
v Vfc'V
Fall Over Banisters Results
Seriously; HusbantfvNot
-In Attendance.
Attorneys Get Postponement
After Both Sides File
Briefs.
.. - ' -
COUNTESS
fill
4 pMBS
PLACE OF ACTION ISSUE
Panama Action In Federal Court
Because New York World Circu
late at West Point Defease
Objects to Supreme Court.
WASHINGTON. Oct M. When the so
r;id 1'aiiimt libel suit of the United
Flairs against tba Press Publishing; Com-
pany of New Tork u called for ariru
ment today la the Ajpreme Court of the
1,'nUed States, the attorneys obtained a
postponement until Monday.
Tiw case u not reached until ao lata
In tli afternoon that the anrunient could
cat have been completed today had the
attorneys proceeded. The present plan
of the court Is to hear the case after
tie rendering of opinions on Monday.
Briefs on behalf of the Government
and the Press Publishing Company were
f I -d In the Supremo Court of tha United
Scares today.
Tt-jr rase la that In which x-Pre.ident
Kww.'fit ordered the Department of
Justice to proceed asa'rst tha publisher
of the New Tork World becaues of the
publication of stories to the effect that
tner had been favoritism In tha pur
tlnfs of the Panama Canal property by
wl.lrh capitalist Including Charles) P.
Tart, brother of the Prealdent: Douglas
Koblnern. brother-in-law of ex-President
Iloofei-elt. and others Here charged with
tax ing reaped great financial benefit.
Legality of Action Coa tended.
Because of tb fact that the World
elrrulated upon the Government reserva
tion at Wet Point tha lbel proceedings
were brought in tha Federal Courts and
on tha b-gallty of this artlon depended
the chief contentions of tha defendants'
counsel.
The brief for tba Press Publishing Com
pany as filed by Delancey Klcoll. of
New Tork. aiwlstant counsel. This coo
tended that even though tha language
of tha act of 159. was literally broad
enough to rover tha case. It should not
t so construed, for several reasons: The
foremont of these waa that the "general
acqulrsenc of legal minds for nearly a
century In tha negative of tha proposi
tion forbids the construction now for tha
first time asserted by the Government."
Action Held Unprecedented.
'During this period wa have passed
through the mont momentoua events of
our history." said the attorney. "In all
the fierce dlscuneiens of the press no
one baa ever held till now thst tha
courts of the United States have Juris
diction to punish a nbel first printed,
published and circulated In one of tha
states snd which. In tha course of a
general circulation, haa happened to pene
trate into this Federal reservation."
Another reason advanced against tha
Government construction waa "that the
whole history and Ufa of the country
t.i utterly at variance with any such
construction," tha necessary result of
which. It was contended, would be to
confer upon the National authority a
general control over the press of tha
country.
Tha Government's brief was argued
by Attorney-General Wickersham,
James M. Reynolds and Stuart McNa
niara. It not only contained a state
ment of facts, bnt an argument In sup
port of Its position that the Indict
ment against tba Presa Publishing
'oral. any should not have been
quashed.
ULstorj of Case Reviewed.
"In effect." says tha Government's
brief, "the published article charges
that Charlea P. Tatt, Douglas Robinson
and William Nelson Cromwell, with J.
1'terpont Morgan and others, acting
through an American syndicate, ob
tained control of the securities of tha
rench company which owned tha
Panama Canal route and Ita properties
for the approximate sum of fS.OOO.AOe.
Aided by tha intimacy which they en
joyed with Theodore Roosevelt, then
President of the United States, and
brother-in-law of Douglas Robinson
i and William H. Taft. then Secretary of
War. and brother of Cliarlea P. Tsft.
and by the co-operation of these offi
cials with them, they were enabled to
effect tha sals of tha Panama Canal to
t ie United States for S4v.000.OOV and
reap a profit of aoma lls.OOD.eoa. which
was divided, aa charged, among Gov
ernment favorites la the world of pol
itics aud finance.
The substantial question which tha
Government holds Is before tha court
was set out In the brief aa being
hether or not tha United States courts
base Jurisdiction to punish a corpora
tion which printed In the City of New
Tork a new.naper containing a libel,
criminal under the laws of the Blata
of New Tork. and circulated copies of
the uim within the Federal Territory of
tha same within the Federal Territory
West Point. Tha Governments claim
Is based on an act of Congress of 1SX
wifh tha Government urges "operates
to transfer tna stale law to Federal
territory, for tha purpose of punishing
acts committed there which. If per
formed outside and In tha Jurisdiction
of tha state, would be amendable to Its
laws."
riat-e of Action Is Issue.
In the Government brief. It la ar
gued that It la not only tha right, but
the duty of Conaresa, so to legislate
conrernlnt territory under Its exclusive
Jurisdiction as to preserve peace) and
good order therein.
"The fact that one may be punished for
Issuing a libel In New York Is no rea
son,' says the Government, "for allow
ing him to go free of all punishment
for circulating It at West Point. The
people In the latter place are entitled
to protection."
Tha Inconvenience to the accused of
belna" subjected to prosecutions la sun
dry places, where their alleged libels
are circulated, was met with the argu
ment that "the Inconvenience which
may be suffered by criminals haa not
gonerally been regarded as adequate
reasons for permittlnc them to oper
ate without restraint."
Tho auggestton that the offense
rhara-ed could be punished In New York
State courts and therefore was nor
intended to be included In the act of
l brought forth the argument from
the Government "that the state of New
Tor a cannot punish an offense com
mitted at West Point against tha
United "Slates. "
O'Connor on Way to Portland.
SEATTLE. Waatv. Oct. 81. T. P.
O Cortnor. tha Irish leader, who Is tour
ing America. addressed a large audi
ence here tonight on "Home Rule." Dur
ing the day he addressed the students
at the University of Washington and
was entertained at luncheon by tha
Seattle Press Club. He left late te
ultLt tot Portland,
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I
KIXO MAXIEL, OF PORTUGAL, ASD MLLE. GABT DES tYS (GABRIELLB OF THE LILIES).
LIST NOT COMPLETE
Disasters at Sea in Storm Re
main to Be Counted.
50 MEN STILL MISSING
Authentic Reports Received So Far
Show Total of fS Drowned In
Shipwreck Most Florida
Towns Weathered Blow.
JACKSONVILLE. Fia-. Oct. 81. Only
tha disasters at sea remain to be counted
In obtaining complete reports of the
damage done by tha gTeat hurricane
which swept thia state early thla week.
Although wtre and rail communication
haa not been restored to many ptacea In
the state. Including Miami and Key West,
all points for which fears were enter
tained have been heard from and all
weathered tha big blow In fairly good
shspe.
Thirteen drowned In shipwrecks Is tha
most authentic count at band today. In
cluding those reported last night on both
coasts of Florida.
Word came from St. Augustine today
that -three dead had been found In tha
wreck of an unidentified four-masted
schooner near Defray.
Tha missing total at least to. Including
tha crew of nine on tha oil barge Dallas,
which broke adrift from her tow In a
100-mile blow on Tuesday.
PASSENGERS ARE THANKFUL
Steamer Comns Experience In Hur
ricane Very Exciting.
NEW TORK. Oct. 8L With her 90 or
more puexengers thankful that they bad
pasecl safely through tha hurricane
which swrpt the Gulf and the Caribbean,
tha Southern Pacific steamer Comus
reached port today from New Orleans,
four days late.
Tha Comus left New Orleans on
Wednesday, October 1C, and bad hardly
got Into tha gulf when the storm broke.
C. Do Mollnesux. secretary to O. W.
Luce, general freight agent of the South
ern Pacific Company at San Francisco,
told tha story today of the exciting ex
perience on the steamer.
"Things begun to look alarming on
Thursday." SMid Mr. Moiinesux. "and on
Friday conditions grew rapidly worse.
By Friday night we were in the thick of
tha hurricane, which Captain alaxon suid
waa the worst he had experienced In 17
years of sailing in these waters. Al
though the hatches were, battened down
and everything waa locked tight, water
forced Ita way Into soma of the state
rooms. The decks were continually
ewept. tha steamer pitched and rolled
frightfully and everybody, even Captain
Maxon. gave up the ship tor lost.
"Conditions Improved the next dsy.
however, but both sea and wind con
tinued high and there was not enough
sun for an observation. An effort was
made to find the vessel's location by
soundings; but without result. By Mon
day things were Improved enough to give
us some encouragement and on Tuesday,
when the captain waa able to get an ob
servation and head for the Florida
Straits, wa ail felt we bad weathered
the worst experiences In our lives."
The Southern Pacific ateamer Creole,
arrived thla morning; from New Orleans.
Ii hours behind her schedule, report
ing that on Monday last ahe was "hove
to" for It houre and that on Tuesdsy.
while passing through the Florida
straits, she had passed a wrecked sail
ing vessel and two stesmshlps ashore.
The Brasos of tha Mallory line, cams
Into tba Aetffeer tiixea daj L. a with.
windows smashed and deck rails bent
and twisted by tha force, of the
storm. Cabins and saloons were
water-soaked and the wireless appara
tus was disabled.
The Ogeechee. a small freighter, of
the Texas steamship Company's line,
waa due at this port yesterday, but
haa not been reported.
LEVER'S PASSENGERS ARE SAFE
1 Cargo Will Have to Be Removed to
"' Save Steamer Lonlslnc.
KET WEST, Fla Oct. 81. (Via Ha
vana.) Tha United States cutter For
ward returned here today, bringing the
rest of tha passengers from the French
trans-Atlantlo steamer Louisine, which
went ashore on Sombrero Reef during;
the hurricane on Monday. About half
of tho 517 passengers reached here yea
terday. The captain of the Louisine reporta
that It will ba impossible to save his
ship until tha cargo haa been removed.
The captain of tha Norwegian steam
er Fos, fast in tho quicksand at Mar
suese, haa arrived at Tortugas Island,
and reports his vessel In good condi
tion. Ha will return to her today to
discharge cargo.
The bark Hugo waa towed Into port
last night by the tug Astral.
Th ballast steamer Miami will da
part today for Jacksonville with the
malls. Tha steamer Mascotte la ex
pected from Jacksonville with malls
during the day.
The American steamer Herman
Frasche. which was ashore off Alligator
Light.- has been floated and Is being;
towed Into port.
The schooner Hanson B. Boecher Is
reported water-logged and dismasted
off Cape San Antonio. Cuba.
CCY TP PAY TAXES
TACOMA RAILWAY A POWER
COMPANY LOSES FIGHT.
Corporation to Turn Over $340,113 to
City an Its Assessment for
Past Threw Years.
TACOMA. Wash.. Oct. 81. Tha Taco
ma Railway St Power Company will on
Monday send County Treasurer Mesth a
certified check for 1340.113. representing
taxes for the years 1907. 1908 and 10.
Of this amount tJO.OOO Is Interest. Thus
the city wine Its long fight.
The taxes for 1907 will ba paid under
protest because of the assessment lri that
year of the franchise under which the
company operates in thla city. This
question haa been decided in favor of tha
county by United States District Judge
Hanford. but will probably be appealed
by the company to the United States
Court of Appeals.
The decision to nay came aa a result
of a conference today between represent
atives of the county and J. B. Howe,
general counsel, and L. II. Bean, general
manager of the street railway company.
Treasurer Meath had threatened the
lines ot the traction company.
GRAVE FEARS ARE FELT
(Continued From First Page.)
Helvetia at Vllle Marie. Quebec, arrived
at Cobalt en route to Montreal, satisfied
that they have out-distanced all competi
tors by several hundred miles.
"We were 40 hours out when wa
landed." said 8chaeck. "Wa could have
gone farther, hut it was the only settle
ment we could see for a long; stretch
of the country and wa decided to alight."
The aeronauts reported that several
persons had fired at tha balloon during
the trip.
Dr. Falrchlld Pension Examiner.
OREGONIAN NEWS BUREAU. Wash
ington. Oct. II. On recommendation of
Representative Ilawley, Dr. J. H. Fair
child has been appointed pension ex
amining surgeon at Salem, vice Dr.
J. A, lUcbaxusoa.
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L IS
Dethroned King Droops and
Bemoans His Fate.
GAFY DES LYS IS BLAMED
Former King: Says Passion for
Parisian Singer Was Bat Pass
Ins Fancy, and Resents Her
. Published Interview.
LONDON. Oct. 81. (Special.) His
friends fear that poor King Manuel will
become a nervous wreck. He never ven
tures outside the gardens of his pala
tial stopping place, and would not even
leave his room did not his mother,
Queen Amelie, Insist on It.
Manuel looks wretched, thin, worn,
scared, unkempt. In fact. With broken
step he walks around the gardens. aJ
ways lamenting his fate and saying he
has nothing left to live for now. His
mother is always with him and has
him under complete control. He Is a
boy with no strength of character, emo
tional, artistic and with all his father's
Intense addiction to luxury and pleas
ures. He is very polite and grateful to
those about him, but rebuffs all efforts
to arouse and amuse him.
Manuel talks constantly of his grief
at the hatred of his people and the pop
ular declaration that hla downfall was
largely due to the Influence of Gaby des
Lys. the actress of whom he waa enam
ored. .
"I care nothing for Gaby des Lys," he
has said often since the downfall of hla
kingdom. "My passion for her was
but a passing fancy."
Manuel reviews the Interviews given
by the dancer in which she has de
clared herself the sweetheart of the
dethroned King.
Both King and Queen, It Is said, felt
Intensely the Spanish government's re
fusal to permit them to go to her
mother's Villa Manrlqus near Seville.
But tha Queen, a fine politician, must
recognize that this Is not tha ttma for
King Alfonso to do anything that would
give pretext or capital to hla enemies.
The exiles receive numerous de
spatches by messenger from Lisbon
dally. Several Portuguese monarchists
have called on them whose names were
not given to the newspaper men.
It la reported here that Queen Amelie
says tho Republican government can
not last many daya and her son will be
recalled; that the Braga ministry al
ready has narrowly passed through two
crises and that the threatened econo
mise In the Portuguese civil and mili
tary services have raised a host of
enemies against the new government.
Store Freedom la Given.
LISBON, Oct 81. Decrees were pub
lished today abolishing the exceptional
laws put in force with the advent of
the republic, including those concerning
anarchists and the onea restraining news
papers from publishing undesirable news.
Ail the bishops and the higher mem
bers of the clergy have announced their
adhesion to the republic Soldiers who
fought in the revolution have been grant
ed four months' leave of absence with
full pay.
The Minister of the Interior has de
clined to Introduce a number of meas
ures favored by the Socialist party, which
baa promised to support the government.
Tontl to Confer With Del Val.
i
ROME. Oct. 8L According to the B
sorvatore Romano, the Vatican organ.
Mgr. Tontl baa been called to Rome in
order that he may confer with Cardinal
Merry del Val, the papal secretary of
state, on the religious situation in Portu-
.rr -ft
MANUE
WRECK
TWO VERSIONS ARE TOLD
Secrecy of Family of Conntess de
Beaufort Is Strang Feature.
Residence of Kllgallens In
Chicago Is Deserted,
CHICAGO, Oct. Jl. ( Special.)
Countess de Beaufort, who formerly
was Miss Irma Tracy-Kigallen, of 3230
Michigan avenue. Is at St. Duke's Hos
pital today In a serious condition from
injuries received yesterday afternoon at
ner nome unaer cifcumv"-wo - -
Avorv nn A Vihm mftdo CTBTV effort tO
keen secret. -
Mr. and Mrs. Kllgallen, the young
- ' - snent all nififht at
the hospital at their daughter's beside
and were with her while her injuries,
that Included a broken leg, were being
attended to. me jount, uer uuuu,
did not go to her room.
Family Makes Mystery.
TTtfnrtm Ia lisftn .11 knowledge Of the
incident a secret began immediately
after it happened. Today the Kllgauei
residence was apparently deserted. Ser
vants declared that the family was ii
A Sit T. 11 Ire's Hosnltal 1
was denied that there was any record
of any such patient as inn ouuLeas u
Ttsmfort At the offices of the Chi
ratro Heicrhts Land Company, in the
li'.clniti it. 1 1 t 1 1 1 1 n ir which Mr
Kllgallen heads. It waa said he had not
been there slnca yesterday aiternoon
Count de ueaurort was not at m nun
pltal today, nor could he be found.
ta n., f hi nersnnal friends, how
ever, the Count gave one of the two
versions that there are or tne accident
that resulted In his wires injuries.
Two Versions Told.
"Irma and I." he explained, "were
standing at the head of the stairway.
She was on the stairway and I was on
the floor above. She had hold of my
hand and was leaning across the ban
ister. In some manner she lost her
balance, fell over the banister and
crashed to the floor below."
The other story was that the Count
and his wife were descending the
stairway when the Countess' foot slip
red on a rug and she4 plunged head
foremost over the banister. It was said
that she and the Count were alone in
the house at the time, except for the
servants.
However, later It was declared the
parents were In the house and reached
her side a moment after she was in
jured.
Father Issues Statement.
M. H. Kllgallen. father of the Countess,
yielded tonight and made the following
statement
There ia nothing mysterious about the
accident. My daughter was hurt Thurs
day afternoon at my residence, tone was
on the third floor ana was going aowu
to the second floor. She stepped on a
small rug on the landing between, tne
floors. The rug slipped and in trying 10
resrain her footing she fell over a small
railing. My wile saw tne acciaent, as
also did. the Countess' husband. They,
however, were not near enough to save
her. It waa a miracle that my daughter
was not more dangerously hurt.
MRS. LANG'S SUIT HALTED
Ex-Husband Enters Demurrer to
Charges Involving Family.
(lREfiOS CITY. Or.. Oct. 21. (Spe
cial.) Legal formalities have commnea
to halt the progress In the suit or irs.
Alice Marie La ner aealnst Louis Lang,
a prominent Portland business man, in
which the divorced wife ef Lang seeks
THE DANGERS OF
BARGAIN' GLASSES
These are the lenses usually
advertised for "as low as 11.00."
They are the kind that hare
been spoiled at the factory In
the grinding. They really have
no value and would be high at
10 cents tha pair. More blind
ness Is caused from their use
than from all other causes com
bined. These are f Irst-quality lenses.
Focus directly In center. High
ly polished and ground by
skilled workmen. These are the
kind we handle.
V- i,
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If iaa.ii .iitAiWJi
There Isn't a much easier way
of ruining your eyes than to let
some one test them who knows
but little more than you do about
it. Only a competent eye special
ist can discover the defects and
correct them with proper lenses.
high-ci.ass work at the
lowest possible: prices.
THOMPSON
EYESIGHT
SPECIALIST
SECO.D FLOOR CORBETT BLDG,
Fifth and Morrison.
From the greatest stars
of grand opera clear
through to "Bones" and
"Tambo" of the minstrel
show on the Victor.
In between there's charming
vaudeville sketches, band and
orchestra music symphonies, spe
cial dance music, comic songs, bal
lads, sacred selections every
thing that the heart may desire.
And all played and sung: in the
world's best way, as the Victor alone
can play them.
Visit our new Victor parlors and
we'll gladly play any Victor music you
want to hear.
STORE OPEN
TONIGHT
Shell
man
Wholesale and Retail,
Sixth and Morrison Streets, Opp. Postoffice
to set aside the decree of divorce and
to , have the original suit reqpened,
,hflr(rina hflr husband and members
of his family with fraud.
After Mrs. Lang's compiaini wa.
rtiA tha attnrnn'n for her divorced
husband. Malarkey, Seabrook and Stott.
entered a motion to striae oui poruu
of the compiajni. inis was ovenuiou
m rwtnhaf. 11 v.- .Tnrttre CamDbell. who
allowed Lang 10 days in which to file
further proceedings. On October 15
IHfft
.jjU
h
J This Trade-mark Is on
5 r i
v a-
W :& lis
aKer s
reakfast
I
Registered V. S. intent Offic the best Way.
52 Highest Awards in Europe and America
j WALTER BAKER & CO. LTD.
Established 1780
ay&Co.
Lang Interposed a demurrer to the
complaint of his former wife, upon tha
ground that various members of Lang's
family who are charged with having
conspired to practice fraud on Mrs.
Lang were not made parties defendant
in. the suit. Argument will probably
be made on the demurrer as soon as
Judge Campbell can hear It.
Individual license must bow to pub
lic good. (Paid advertisement.) "
NEXT
1 1TT 7TH Try TT7"
yv. iv
J .look tor: tne
s display in your
I haberdasher's
window
Claett, Pesbodr 4t Co., Troy, N. T.
wV
ETery Genuine Package of
f
CoCOd.
which has a world-wide repu
tation for high quality a de
licious flavor given by the
scientific blending, and an un
questioned value as a pure and
healthful beverage, supplying
the body with some of the
most essential elements of nu
trition. A beautifully illustrated book
let of Choice Recipes, sent free,
will tell you how to use it in
DORCHESTER, MASS.
i