THE MORXIXO OREGOXIAX. MONDAY, JANUARY 9, 1911. .
0 . SSSSSSS SSSSSSS SSS SSSSSSSSSSSSSSSSSSSSSSSSSSaSSSSSSSS . ' ' "
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REPORT IN TIES
GAHAL FORTS IRE
HOT FORBIDDEN
EX-SENATOR, WHO AIDED HAY IN MAKING TREATY. SAYS
GOVERNMENT HAS RIGHT TO FORTIFY CANAL.
ADVANCE ANNOUNCEMENT
CASE IS FORBIDDEN
en rire insurance
Court Puts Ban on Findings
Foraker Says Government
Has Right to Protect
Waterway.
Said to Uphold Theory
Bomb Was Used.
ustmen
1 '
TheWileyB.AII
Adj
i Sale of Pianos
TREATY-MAKING REVIEWED
Ex-Se-nator Advhwd Hay t Time
and Assorts Pact Ratified br
Great Britain Allows Forts, but
rrovl&lon Is indefinite.
WTAPHIXftTON. Jan. A contribution
designed to clarify the confused sjtuatfon
that has arisen orer the decision of the
Xnlted States to fortify the Panama Ca
nal was submitted today by ex-Senator
Fnrakr. of Ohio to i resident Taft. who
atari It public.
Throusoout the period lo which the
Hay-Paun-efnt treaty wait negotiated
and ratified Senator Foraker adviwed
wj:h John Hay. then Secretary of State,
and made many of the sussestintis that
are Incorporated Into the treaty preserv
ing to this tiowrnmnt the r'sht to take
such means as deemed necessary to pro
tect the ranal and the shipping without
specifically authorising fortifications.
Senate's Acts Reviewed.
Fenator Foraker-!. letter to President
Taft reviews the arts of. the Senate In
ronnection with treatjr-maklna with Eng
land, and laws passed sub.eiuently to
the ratification of the eslstln Hay
rauncefote treaty. The letter tells of the
ratification of a treaty by the Senate
1'ecember . I, which was rejected by
the British government.
When It was presented to the Senate
It contained a provision against fortifica
tion, and there was much criticism of
the Secretary because of that fact.
The provision was amended In accord
ance with public sentiment and after
Great Britain's rejection of It. harsh and
severe criticisms of Mr. Hay were re
newed. Hay Greatly Dlstarbed.
Mr. Hay was rreatly disturbed by the
attitude of newspapers anJ Senator For
aker said he received a rail from him
one Sunday morning and be seemed dis
tressed and discouraged.
He showed Senator Foraker a letter
from Lord lnsdowne. Indicating that U
would not be worth while to make an
effort to negotiate another canal treaty,
unless a provision were made therein for
the settlement of the pending treaty be
tween the I nlted States and Canada. Mr.
Hay regarded such a treaty aa Impos
sible and thought It barred further
progress with respect to the canal.
Matter Is Discussed.
Drifting Into a general discussion of
the whole subject. Senator Foraker and
Secretary Hay. It appears, agreed that It
would be Idle to undertake to secure the
ratification of any treaty that flatly pro
hibited fortification by the Cnlted State
or Involved this CSovemment In any obli
gation to consult any other power re
garding protection of its own property,
oenator Foraker suggested several
char gee from the compact which had
been rejected by Oreat Britain, among
them new matter and some transposi
tions that would soften the effect.
They Include the following:
"The canal never shall be blockaded,
nor shell any right of way be eserclsed.
nor any act of hostility be committed
within it.
Itlgtit to Protect Held.
The fnlted States, fowever. shall be
at liberty to maintain such military
power along the canal as may be neces
sary to protect against lawlessness and
disorder." -
Senator Foraker said that he marked
these changes In a copy of the Hay
Pauncefote treaty which was banded to
him by Mr. Hay. who took It away with
him. and In the Fall of the same year.
August 11 1901. wrote to the Senator In
confidence that he hoped to conclude a
new treaty with England In line with
all the suggestions which you kindly
made to me."
The treaty was negotiated and sent to
the Senate In December. 1901. and) was
ratified without amendment and In due
time was ratified by Oreat Britain and
became a binding agreement. In his let
ter to the President. Senator Foraker
shows that he had no doubt that the
Vnited States was reserving the right to
fortify the canaL
Fortifications Are Allowed.
From the treaty provision for the es
tMishment of the military force on the
canal. Senator Foraker says. It would
follow as a matter of course that such
a military force would have a right to
do whatever was necessary In the way of
Intrenching Itself, "or In plainer words,
fortifying Itself sgalnst attack."
He Adds that the Idea was that, with
the canal constructed at a cow of hun
dreds of millions of dollars, "no one
would ever question our right to do
whatever might be our Judgment to up
hold our authority and protect our prop
erty and commercial rights."
Quoting from tne Spooner law. provid
ing for the construction of the canal, and
the treaty with Panama. Senator For
aker shows it to have been set forth
clearly that it was the Intention of the
T'ntted States to protect the canal and
harbors. The Panama treaty usee the
words. "Toe United States shall have
the right to establish fortifications."
Xo Question Raised.
He cites the fact that the British gov
ernment did not raise any questions JS
to the Spooner Isw or to the Ianama
treaty being In contravention of the Hay
rauncefote treaty. He suid that he sup
posed, and he thought other Senators
were of the same opinion, that the Brit
ish government recognized and under
stood that when the second Hay-Paunce-fote
treaty waa ratified. It was a matter
left wholly to the discretion of the
I nlted States, "to determine to whst ex
tent he would employ military power
and resort to fortifications to protect
our rights."
Senator Foraker said In part:
"An explicit stipulation to this effect
was not insisted upon because silence
en the subject of Itself left us free to
do as we see fit." .
Rights Are t'atored.
Mr. Foraker closed his letter with the
following:
There were several Senators and
many persona who were of the opinion
then, and are probably of the oplnl-m
'now. that It might be good policy for
the I'nlted States not to fortify or do
anything else that would Invite an at
tack on the ranal or make that a thea
ter of hostilities In case of wr; but
however that may be. It waa. I know, tht
purpose of the great majority of the
Senate, and as to the second treaty, at
least, the purpose of Mr. Hsy also to
preserve to the United States sn unques
tioned light to do with respect to all
such matters whatever In its Judgment
It might at any time think Hs best Inter
est i squired."
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JOHEPH F. FORAKER.. OF OHIO. - I
AIDES ARE CLEARED
Aviators Say Moisant's Air
ship Was Not Faulty.
CONTROL FOUND INTACT
International Blrdmen Willi Man
Killed Resent C harge That Mech
anicians lt Molsant Go Aloft
in (rnaeroworthy Craft.
NEW TORK. Jan. . Four of Hie In
ternational aviators who wera with
Molsant at New Orleans when he fell
to his death, have sent to the Associat
ed Press a signed statement of their
findings In an examination of hh ma
chine, made on the spot Immediately
after he fell.
Rene Hlmon, Rene Barrier. Oarroe
and Audemars all declare that the evi
dence showa that Molsant had shut off
the power; that every stay and control
was Intact, and that nobody will ever
know why his "wonderful and admired
airmanship" met defeat.
But on one thins; they are emphatic
that Molsanfs mechanicians Gers-
paeh and Kerlet had taken every pre
caution, and that hie death was In
no way due to any omission of theirs.
Albert Flleux's statement, published
here, that Molsanfs Blerlot had been
too often broken and repaired, and
that It was overweighted with gaso
line when he went up for the Mlchelin
prise, they deny as unfounded Impu
tation of neglect. Fileux wss the me
chanic who made the Farls-London
flight with Molsant.
In a letter to a New fork newspaper
man, received here tonight. Uarrosi
write, for his fellow aviators, supple
menting the statement to the Associat
ed Press, which Is in part as follows:
"An Incrlmlnstlon of carelessness
causing; death Is a professional dishon
or for those boys who are known In
France among the best men who ever
worked on aviation fields. What was
printed about them, made them so
sorry that they cried when they talked
to tis about It.
"We carefully examined the wrecked
Blerlot a few minutes after the acci
dent, and we hereby certify that all
the controls of the machine were abso
lutely intact. It was ald that the
motor had stoppea. out '"
stopped it himself. He wss obviously
trying to land in a little space special
ly prepared for the purpose, a few feet
from the fatal spot. In fact, we found
the Isnltlon shut off. What Is the
cause that defeated Molsanfa wonder
ful and admired airmanship everyone
... . -. i r nrthnHv ran know.
will IBIR mwM.. " - J y -
But we are positive thatjiothlng: went
wrong wiiii wio iiia.it. .
Coincidental with the arrival of Gar
ros irnri, hut -
made known tonight that It has given
. . v. TT W I aa Via
up all nope mi ur ......,
will withdraw his protest
agsinst the award to Molsant of Thomas
Ryan s sin.ow prise tor ui .
. i . . Ml V.
A hearing on the protest Is to come
be i ore tne rwru
i- c-i- after tomorrow.
ntuonmiB in 1 "J .
but it has been thought that. In view of
Molsant s unionunaie .i-i.,
. -.. -.tpht be withdrawn.
No word of any such Intention having
been receivea at xne rm""
. . . ... M1. inni.ht an Informal
Aero liuo eJ vw -
resume of Its position end of the brief
which it win suuiiui
arbitrators.
In a word, the club believes it was per
fects Justified in awarding the prise to
Molsant at the close of the International
meet here, and It will fight to -the end
for his memory and estate and for tha
good nmme or American puti-
IMiefly. Orahame-Whlte's original pro
test to the Aero Club of America was
based on the tact mat re
lowed to make a second trial against
Moisant's better time.
PRI NEVILLE WILL BUILD
Sew Ten-Room School house to Cost
$!,000.
PRJ?EVILLE. Or, Jan. 8. (Special.)
An election waa held yesterday In
which there waa but one negative rote.
on a proposition to erect a I2.000 pub-
--hmi ttiillrflnar. Tha halldlnar will be
completed this year and will be ready
for Use DT DSpivmuvr A. ti win vw iwu
stories with ten rooms.
LOVE FOR SEE IS TOLD
Continued from First Page.)
has sought shelt
with friends living
near the flat, was wsrned to keep awai
from her former abode unless accompa
nied by a policeman. DerplU tha s4oa-
age of two plainclothes men, Mona. while
at the "temple," succeeded In having a
secret conversation with a friend of See,
who met her in the lower hallway.
n i -1 r , ltfalnr
Aire. nna. uiivi " w.
Harry L. Rees, of Portland, Or... and
mother of Mona, was one i mo
- f ' - mkarLiiii. TJfe " She
convens iv f i r o
has written some versus, which bear the
title. "A Woman a version w
plre."
Stephen II. Bridges, father of Mildred,
is determined to press the case against
the "prophet" to the last ditch.
"I can't talk at present." ssid Bridges.
"My grief Is too great for expression. I
Intend, however, to make a sensational
statement during or after the trial of the
cur who has ruined my home."
n o.imwlAv In the
Chicago-avenue Municipal Court. It is
understooa mat ormge. auu wi-,
. I. eh.rflalrf.av.nil. TWlllcA.
1 ' K I J 1 1 , I , Vk HtJ " ' ,
will endeavor to obtain an Indictment
. 1 . I , llnn I
against see. upon wnom inw muhi.,.,..
Court can inflict a sentence of no longer
than a year.
Blnre his Imprisonment See hss been
preaching the doctrine of the "Absolute
Life" to his fellow inmates of the Jail.
100,000 SEE- FLIGHTS
SHAM BATTLE BY AIKSHIP IS
SPECTACULAR EVENT.
Latham, Who Flew to Golden Gate
Saturday. Is fnable to Get Ills
Machine Off Ground.
BAN FRANCISCO. Jan. 8. Owing to
dangerous cross-currents of wind that
swept across, the peninsula today the
aviators at Camp Selfrldge ere forced
in rlv. a tame exhibition to the crowd
of close to 100.000 that had gathered In
and out of the field to witness me nignm.
-i. ... vritfiit -nri the wind was
low. but the aviators became cautious
after the dying out or tne irwcnwuui
currents.
The only spectacular event of the day
was a sham battle between soldiers of
the Second Batalllon ot tne ininieui
United States Infantry and Aviators
Brook! us and Parmalee In their Wright
biplanes. From a height of W feet the
avlatora dropped mock bombs on the
soldiers, while tne soiaiera
kv .hnotlnff blank cartridges
at the Intruders. As there was no cas
ualty list It will take an ouiciai n;.
to establish -the veraici.
. . - -1 . . whn flew tn the Golden
nuwii l ' " . . .
Gate and back yesterday, could not get
his Antoinette orr tne grounu u.).
started out bravely and managed to hur
dle a ditch and a number of Army tar
gets, but struck a aown-currem .
brought the tail of his machine to the
ground with a craslj. James Radley had
similar difficulty 'with his Blerlot mono
plane, although Jils machine was not In
jured. Orva Meyerdorffer, a local ama
teur, attempted to fly In an aeroplane of
his own make, but fell Into a ditch and
wrecked the machine.
The cruiser Pennsylvania came down
from Mare Isand today sjid, dropped
anchor In the south bay. The cruiser Is
equipped with a platform on which Eu
gene Ely will attempt to land, In his
Curtlss biplane. Ely will make tha trial
when the weather Is fair.
MINER BURNS TO DEATH
Eellowa Trr to Rescue Him, but
They Fall.
BUTTE, Mont.. Jan. S. William
Guedelnofer was burned to death in hla
cabin early today. Two miner, at
tempted to rescue him. but he fell
against the door and they were driven
back by the heat.
Guedelhofer lived on a mining claim
to prevent some other person from
gaining title, as the property was in
dispute. He was 63 years of age. His
wife and one daughter are In 8eattle.
and another daughter, married. Is in
Indianapolis-
Illllsboro Holds Suicide Inquest.
H1LLSBORO. Or- Jan. 8. (Special.)
Coroner Brown yesterday held an In
quest over the suicide. J. 8. Mltchum,
aged to years, who severed his jugular
vein In the bunkhouse at the George
Oalbreath . ranch. near Tualatin.
Mltchum stdod before a mirror and used
a razor as his method ot self-destruction
He had worked several times at
the Galbreath ranch, and returned there
shortly beforo the holidays. Ke left
no Information aa to the reason of his
act, nor did he leave any papers tell
ing of family or frleYids.
Camas Merchant Laid to Rest.
CAMAS. Wash.. Jan. 8. (Special.) The
funeral of Oreenleaf Barrows, a retired
merchant, who died of pneumonia at the
Commercial Hotel last Sunday morning,
was held from the Methodic Church la
this city. The body was taken to the
Knapp Undertaking room at Vancouver
and embalmed. Mr. Barrows waa S
years old and leaves one sister, who lives
In Montana. He came" to Camas about a
year ago from Boseman, MoN
HUGH EXPLOSIVE TRACED
No Labor Organization Implicated,
but Grand Jury Says Paid Writer
Prepared Statement Issued by
Federation of Labor.
LOS ANGELES, CaL, Jan. 8. (Spe
cial.) The Times today"publlshes what
purports to be a copy of the complete
repert of the special grand Jury which
Investigated the Times building; dis
aster of October 1 In which 21 persons
- t'Ka lurv returned 22
Indictments on Friday, but the court
refused to let It submit tne exnauauva
. 1. 1 v. v. .. v.on ni-onareil Juries
rv)ui i iiiv.ii n " r
Bordwell declared that the submission
of such a report wouio oe mninu y i
law. He made the following state-
uieiiL lumsut.
'The grand Jury Investigating the
Times case has made no report In that
. . Jt 11 .k. nina T nnnl-
maiicr miu - r
tlvely forbade the grand Jury making
any report Decause aucu auuun vui
be unwarranted and would constitute
a plain violation of the law. In order
that there mlgnt De no misunaeraiana-
v-,A.r - T Iiit4h.i warned the
inriiiuci ui . v r, " " j j
making by them of any report would
place them directly In contempt of
court.
Report False, Says Judge.
"Publication of what purports to be
a errand Jury report In this case is
without Justification or foundation and
bears on its face evidence of trickery
and deceit. There has been no grand
Jury report In this matter and will be
none.
The report published here today con
tains tha statement that It did not
come from any member of the grand
Jury, and no court official could be
found who. knew anything bdoui it.
This report says, among other things:
"We unanimously report that there
was placed In the Times building in
that part thereof known as ink Alley,
a high-power explosive In the nature
of, dynamite or. nltro-glycerlne, and
that the origin of the catastrophe may
be found by the destruction wrought
by this agency.
. Gas Theory Considered.
"We made exhaustive inquiries into
the explosive action of Illuminating
gas. The possibility of gaa being the
destroying agent, the explosive force,
received full consideration. We found
not one physical fact. we'-heard the
testimony of no expert, we received the
evidence of not one witness which
made such an hypothesis.
"On October 26, 1910, there was published
and Widely circulated what purported to
be a report and finding of a committee
appointed by the State Federation of
Labor to investigate the catastrophe. We
desired to have the benefit In our Investi
gation of any information which such
committee might have in Its possession
or have knowledge of and which might be
material to the inquiry. We therefore
called before us all members of the com
mittee who could be found in the state,
namely rtx of the seven. We further re
quested their attorneys to testify as to
any Information which they possessed,
with which request they compiled.
Report Written for Hire.
"Upon learning 'the names of the wit
nesses before such committee, we called
to testify before us such of the witnesses
as could be found, and received from the
attorneys of the State Federation deposi
tions and affidavits of the remainder. We
further received testimony of the author
of the report.
"It appears from the testimony that
only three of the seven members of such
committee signed the report, heard the
evidence upon which It was founded, or
even read such report before its publica
tion. "We further find that the report was
made and written by John Kenneth
Turner for a financial consideration and
that It waa promulgated without the sig
nature of a majority of the committee,
and without knowledge on the part of
four of them, as to us comenis.
Organizations Not Implicated.
"After a full, fair and impartial hear
i t .nrnmitiM'. witnesses and of
many otherev upon the subject, we find
that there is not a scinmia oi mmcuw
upon which to base the findings of such
report, and that it was Issued, as ex
plained by its author, not as a finding of
the facta of the explosion, but as an
argument in defense of the accusations
made.
"This Jury la satisfied from the testi
mony that the explosive used at the
Times building waei a part of the nitro
glycerine purchased at Giant on Septem
ber 23, 1910. and that the identity of some
at least of the destroyers of the Times
building la known by the proper authori
ties as well as by ue; and that In God s
good time the murderers will be brought
to punishment.
"While we are satisfied from the testi
mony that the perpetrators of this ter
rible catastrophe have been members of
labor unions and officials and organisers
therein and Intimately associated and
connected with certain leaders and high
officials of labor unions, we had no testi
mony that any labor -organization, as
wuch.- participated in the commission of
thia crime."
CLAIMS ARE NOT ALLOWED
Demand for $7589 Will Be Pre
sented t Salem.
SALEM. Or., Jan. 8. ("Special.) In a
statement prepared by the Secretary of
State today It is shown that claims have
been disallowed during the past two
year to the amount of $7589.78.
These claims will be presented to the
Legislature. The major portion of these
are owing to deficiency funds not in
cluded in the general appropriation bill
and for clalma for which no provision
has been made by the Legislature.
MAN 96 ATTENDS COURT
Aged Litigant Resists Effort of Van
couver to Open Street.
VANCOUVER, Wash., Jan. 8. (Spe
cial.) Although he Is S years old,
and fought In the Civil War with one
of his sons. Michael Damphoffer of
Vancouver, attended court last week
In a suit he had brought to enjoin the
city from opening a street through
his property, between blocks 60 and 1.
You may look forward to a very unusual offering.
There will be over $50,000.00 worth of new, up-to-date
Pianos and Player-Pianos-placed on sale unre
servedly next Wednesday morning at prices that
mean bona fide savings, which will arouse intending
piano purchasers farand near.
READY WEDNESDAY MORNING
This adjustment sale was occasioned by the unfortu
nate fire in our building a few nights ago which
almost cost the lives of two firemen. It sustains in
every detail the high standard of this firm.
Terms may be arranged to meet the
convenience of any reasonable person.
READY WEDNESDAY MORNING
V.
MfIfIM,gMaMsssssIjjssssjssssssIssajajsssssssss
STREET &iTT fCJ!?yy-J''Wi"'''!!
Damphoffer has owned and lived on
the property since' I860. He has the
street fenced and claimed the land. The
city desired to open the street and
attempted to tear down the fence last
Summer, but Damphoffer brought suit
The question for Judge McMaster to
decide Is whether Damphoffer Is the
owner of the land. .
Although nearly a century old, pamP"
hoffer is strong and active. Last Dec
oration Day he walked and marched
in line six miles in one day. He
j iAt,. in the celebration
wamvu " " w " - .
and walked back to his home again.
spurning an offer of tne use. -horse
and buggy.- '
WALLOWA SCHOOL READY
Hne New $25,000 Building Only
Awaits Furnace.
i WALLOWA. Dr.. Jan. S. (Special.)
Wallowa's new J25.O00 high school build
ing will be turned over to the School
Board within the next ten days. The
carpenters have finished and the con
tractors have only to wait on the plumb
ers who were delayed by the failure of
the foundry people to deliver the fur
nace on time.
The building Is one of the most modern
I f i W
: ,ws ,
L v .
P.
t - -
-.'V -
iajCaa
a
Headaches
"Academy" or "sightseer's"
headache is one of the numerous
ills of modern civilization. There
is reason to attribute it, in part
at least, to strain on the muscles
that turn the eyeballs upward.
A lady who found no incon
venience in visiting the theater,
when she 6at in the dress circle,
always suffered from severe head
ache when she sat in the orches
tra, where she had to look up.
The same effect is produced in
picture galleries, especially in
looking at pictures hung above
the line.- Cyclists who lean over
the handlebars and turn their
eyes up to look ahead have the
same trouble, and so do composi
tors and people in many other oc
cupations requiring continued use
of the elevator muscles.
To Correct Delect! of This
Nature Retalrei the I'tmost
Skill. Optical Worlt In Its High,
est Excellence Here.
THOMPSON
Eyesight
Specialist
Second Floor Corbett Bldg.,
Fifth and Morrison.
Will Open Next Wednesday
Morning, the Eleventh
in the state. Containing six classrooms,
a principal's office, recitation-room, audi
torium, two manual training rooms, gym
nasium, laboratory, library and fuelroora,
besides lavatories. spacious halls,
closets, etc.. It will meet the needs of
this city for high school purposes for
several years to come. ine Dunning w
of brick, two stories hlph with full con
crete basement. It la finished throiiRh
out the Interior In Oregon fir and plas
tered throughout. The building is cov
ered with fireproof asbestos shingles.
City water, electric iignts, a compiem
system of fire alarms and call bells has
been Installed and the heating plant is
lead all others. The most wholesome candy made.
Insist upon it.
' The Best Dealers Carry It.
Imperial Candy Company.
Makers of Quality Candy.
TO
INLAND EMPIRE
. EXPRESS
T TWHan,! 0 -On A. AT.
Arrive Spokane 9:15 P. M.
Only Day Tram
on Any Line.
Columbia River Scenery
Observation Cars, Parlor Cars, Dining Cars for All
Meals, a la Carte Compartment Standard and Tour
ist Sleeping Cars and First-Class Coaches
NORTH BANK STATION 1 1th AND HOYT STS
CITY TICKET OFFICES
Third and Morrison Street. 122 Third Stree
of the most modern hot-air type. Tha
lavatories connect with septio tanks
outside the building.
The new building will be occupied as
soon as the furniture can be installed.
News Agent Is Arrested.
ROSKBTJRO, Or., Jan. 8. (Special.)
Richard Watson, a news agent run
ning between I'ortland and San Fran
cisco, who says he lives at Portland,
was arrested upon the arrival In this
city late Saturday night of train No. 16.
He is charged with selling improper
literature.
The Best Is Always the
Cheapest and
Most
Appreciated
That is where
Qybciete'
vmur, GfiaCOdfi
SHORTEST
FASTEST '
NORTH BANK
LIMITED
Leave Portland 7:00 P. M.
Arrive Spokane 6:55 A. M.
Fastest Train on
Any Line.
Commercial Favorite.