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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (March 13, 1912)
46 IRON V. PLEADH0TJ5UILTY Efforts to Quash In dictments Fail. COURT OVERRULES MOTION Technicalities Take Forefront of Case at Once. TRAIN HELD NOT "VEHICLE Attorney for Men IVderal Law Wa Not Violated Bfnu Con tent or Pai-Uoo- ' nynamito Weren't Misrepresented. INDIANAPOLIS. March 12. "Nut sullty." was the pl--a of mn ar ralaned this afternoon In Federal Court 1r on Indictment rharalns complic ity In the allfR-,l ronaplra.y unlawfully tn transport oynainlt from Mate to . tat. Juds' AfHl-rli oerruIed all ,lrmurrr of the drfenw. but granted J da f-.r the tiling of exerpllons to hi ruling. -..n"ll.Uil..n of the Mr asked by I nltr.l filal. District Attorney Miller was ordrre.l. eubject to petition to morrow f-r iM-parate trlala If th tic Onae drlre. The court lliatructed that th dvrcmlanta appear when pr-M-niation of the matter la made. The trial wt for October 1. Itefeadaala Are etlaied When Jude Anderaon announced he would overrule the dimurrtri to the S Indictment, he turned to the de rendanta. for whom aeata had been ranited in tier, and aald: -tlentlemen. do you know the nature of the charirea uiiainat youT -We do." came In a heary chorus. Then, on" by one. the Indicted men. ,,rtvnt or ex-labor union fnclala from nianv aectlona of the country, and hea.led by Krank M. Kyan. prenldent 3t the International Aaaoclatlon of HrMce and Structural Iron Worker. inr aa their name were called by !b clrrk and responded: "Not ituilty." Iaalrta.eata Are taeked. Attack from many anclea were made on the Iti'll.-tmenta. whlrh charite the IrfrniUnta with aiding and ubvttinit .rtle K. MiManltal and John and lain. M. .Mr.Namara In the transporta tion of dvnamlle on pj.enner train, with lrlnir principal with M Manlgal ind the M.-Namara In the Illegal act, and with having conplred to violate the tatutc prohlbltlnit ui h uanapor-tatl-m. Attorney AlfreJ llov-y then attacked the Indictment. .lenylnK there wa a rliowliitt- that the defendant bud un law fully conveyed exploles on pa- rner train, lie declared tht re ' no violation of Federal statute, unlrn llolve were transported on com ii.n .irrler concealed In unmarked aek.iu-. and maintained the Indlct nftiH iul not o vcr. J.ilr Makra l .aar.1. "Do ri'unx l for the defense contend." comment-d Ju.l.-f Anderson, "that If I pack a valine with dynamite and carry It on a puenKrr train without mis representing what I hat. ay to New York, that I ant not Uolatinit the Fed eral law? I cannot read the Ktatute In any other sense than that I would be committing a crime." Walter Hall, of Muncie. Ind.. replied this waa the contention, and that when the atatute defined that It wa lllecal to ship explosives only If rKorl were nia1e to conceal or mis-label the char acter of the shipment. It made the ame stipulation aa to an Individual carrying cplojlv on a train. Trala Held t efclele. T'atrlek ODonncII. of Chicago, aet up that the act of 1SS prohibited trans port ttion of exploatves on "vehlcles" arrvitiis paaenaera. and that thta term iouM not be defined to IncluJo railroad train. A the Indictment alleged violation of this a.-t by the h!pp!n- of explo- Ivea on paeni;er train, he ald. they rm.t be declared void. Tli.it the statute of limitation had i an ait klnut the offense of conspiracy a:i.u..l. and that the Indictment did n..t nrr violation of the law becauaa It j not aet out that the defendant tia.l mis-labeled package of explolve tl.rv were allesed to have carried on rriii;.r train, were the two prin e'j.l v.. nt. nilon of counel for the defme. KiiJ.ih Zollne and I'atrtck Is.nn. n. of I'lik.i": Walter It-ill. of Mur.v.e. iii.u. and W. N. tiardln;. of !(ll I f.. Matloaa Are Oierralrw. "I am urial-le to ee the merit In ltie Interpretation." ald Judire An deraori. in otrrullns the motion to uua'h. "At 1 read the act of 1st. 1 v and l" t.n the ubje t. It l plain that it t unlawful for a man to tarjf explosive ea any vehicle, train or vessel of a common carrier that tran-port pnwliirrt for hire." In refusing to accept the theory of the defense that the statute of limita tion h4 run tn the case, th court irprovd the arenment of I!atrlet At ornev Miller that the conspiracy as ailrced a a continuing one. and that me limit ef tlma fnr prosecution had not expired for the reason that, thouica (t ear 14 4 ea -aa L KHS , --------roKTJMI, gjSr, MARCH 13. 1913. 1'UICE r.VE CT" SEATTLE TURNS RED RATS LOOSE YfclXOW. GKtKN AM BI.VE AN MAI.S AhsO LIHEUATEI. I- Twcnty-rlvc Kodcnl l"ed to Make Tc-t Two lollar lintard Offered for Capture. HATTI-K. Wih, March 11. if Se attle cltlxen fail to see brilliantly col ored rat scampering; over the hill. It will not be because such unusual speelmens do not exist, for the health department today liberated In differ ent parts of the city 2S dyed rodents for purposes of identification. Tuere are red rat, itreen rat, yel low rata and blue rat, and each rat ha a price of 12 on Us head, whether raptured dead or alive. The purjSose of the health department I to trace the drift of the rodent population as It mlRrate from one ectlon of tha city to another. "At this time of the year rats leave the waterfront, where the rodents stay durlnjr the Winter months, and make liielr way to the hill and residence portlona of the elty." said Health fom mlss'.oner Crl.-hton. "Another purpose in turnlns theae. varl-colored rodents adrift Is to find out to what extent the different xpocle Intermtncle. "Seattle probably has fewer rat t!ian any othrr city of Its le In the world. This la fortuuate. for Oovcrn ment statistics (.Mow the rata to be more deatructlve than all other species of the rodent fatnllv combined." DEATH RATHER THAN KNIFE lVdrral Prisoner nefu.c to Vntler go Surploal Operation. With the knowlodee that a suritical operation stand between him and nl moat certain Jeath. Kd Aubln. a Fed eral prlsoaer-patlent at ft. Vincent's Hospital, firmly refuse to allow the at tending; physician. lr. K- II. Anthony, to apply the surceon's knife and relieve hla Intense sufferlnir from an aggra vated attack of appendicitis. There Is only one remote chance that Aubln may recover without an opera tion and It hinge on whether an absees that has formed break ex ternally or Internally. Ir. Anthony said laat riTcht there wa an Indica tion that the abcea niltht force it way through the outer wall of the abdominal cavity before bursting. In that event, Aubln may possibly aurvlve without an operation. Aubln was Indicted Jointly with Van derpool on a rharge of white slavery. Yanderpool yesterday pleaded guilty and was sentenced to serve IS month at McXeirs Island. The Indictment Is pending against Auhln. Shortly after Aubln waa arrested, he complained of illness and Tnlted ritnte Marshal Scott directed lr. Anthony to make an ex amination, which dlselosed an acute at tack of apendlclt!. I pan the refusal of Aubln to submit to an operation, other mean were adopted for treating the obstinate patient In the hope of saving hi life. DEATH CAUSED BY SHOCK Wife of I'uiiHiii Coal Land IH'itlor Ium' Away in Seattle. tsKATTI.E. Wa.h.. March 12. Mrs. Blanche W. Cunningham, wife of Clar ence Cunningham, the Alaska coal land locator, whose claim were the sub ject of the I'lnchot-Balllnger contro versy, died today at her homo In this city, aged ) ears. She wa married at ls Angeles tight years ago. Mr. Cunningham had never been well since the new wa published announcing the wreck of the Ohio and Implying that her husband had been drowned. MORMONS TO MOVE BACK Colon i-ts In Alberta C.len Order Front Smith lo Settle In Nevada. CAlIAKY. Alberto. March 11. The Mormons, who have greatly Improved tha Cardston country near here, where the colony Is located, are to move In a body back to the I'nlted States, aet tllng somewhere In Nevada. It la ald that the order to remove to Nevada Is to rome from President Smith, head of the church at Salt Lake City. ASHLAND MAY WIN SCHOOL Hoard of Trustors Mill io to Town Ik-fore Offer Will No Accepted. The board of trustees of the Bishop Scott Academy, which met In the. l'er clval Library last night, decided that the entire board would have to visit Ashland and Inspect the ground of fered by the cltlxen of that city be- ! :..re they would accept their generous offer. A committee of the trustee reported In faor of establishing- the school at A.-hUnd. LOVETT'S HEALTH IS GOOD I'nton Pacific Chairman Annoyed by Koniorx of Illness. SALT I-VKK C1TT. March ir Robert S, i.vrtt. chairman of the executive committee of the t'nlon Pacific Ilail wmy Company wa much annoyed this morning over the ramnri printed in the nrarspapers here that he was serlous'y ill. It i as up early this morning and attended a meeting w:th Salt lotke oti-l-Ul of the llarrlman sv.tcma. Judge IzOett ami party Irft here at ! o'clock for the Ka.-t SHIP GOES ROCKS IN GALE 2 Perish in Wreck on California Coast. $75,003 VESSEL TOTAL LOSS Waves Dash Sailors to Death as They Launch Boats. HONOIPU MAY BE DERELICT Windjammer Kit Itontc to Poland With I.icht Hallu-t Thouslit to Ik- lioat Sighted n(tom I'p In Angry Pacific. SANTA B.r.Bn.. Cal.. MarrU 1 :. After battling with lingo seas all night. the oil tanker Kosccrans, Captain Tran Johnson, owned by the Associated Oil Company, went upon the rock at Al eut rax. 30 mile north of here, at 4 o'clock this morning, and ia a total loss. Two lives were lost, William Wet man, ship' carpenter, and Arnold Muhlberg. ship's quartermaster. Mublberg wa attempting to launch a lifeboat when a huge wave broke over him and he was washed Into the sea and never seen again. tailor Slaka From Makt. Welman nnd two others were low ered In a lifeboat. A wave smashed the boat against the side of tho Kose crans and Welman went down. He re appeared a few seconds later and life buoy were thrown to all three men. Two of them were hauled aboard, but Welman wa caught by the heavy un dertow and disappeared. An attempt waa made to launch a boat to go to his rescue, but the sea was so rough this was Impossible. Other members of the crew of 33 reached the shore in nufcty. Skip Valued at BT.t.OOO. The Hosecran had Just returned from Honolulu and was to take on oil at Alcatrax. where the Santa Maria pipeline reaches tho coast. She an chored about 60O yard off shore, al though a storm was raging at the time, Tho Hosecran was valued at 173,000 and wan built 39 years ago. The Hosecran went on the rock late last night, but It wa not until 4 oVlo' k this morning that the ceaseless rolling and grinding of the vessel's hull upon the stony harrier had caused her to spring a leak. When daylight disclosed tho danger of the vessel capsixing because of the leak. Captain Johnson ordered that the sea valve lie opened. About the same time an effort wa marie to get a line ashore. Hut the attempt resulted mere ly In one sailor losing his life tn the surf. Ilnnolpa May lie laat. While the rtiisecratis was being beat en by the huge waves, the Kalis of Clyde, a three-masted vessel, belonging (Oonrlud.-d en t'aue 2J T ' ' ............11 .......... ........ .- 4, SEE WHO WANTS INSIDE THE BREASTWORKS &i!TZS "l OICTATIWIAMD f lljalH'H S . i i EDISON WON'T HIRE COLLEGESTUDENTS IXVKXTOlt TKI.L.S VALE MEX HE IrOESX'T SEED THEM. (.cuius Declares rniverslty Educa tion Is Not Xeccsity In His or Oilier Business. NEW HAVEN. Conn.. March 12. (Special.) Thomas A. Edison, the In ventor, told Yale students today, ac cording to a statement published In tho Tale News, that the college graduate was not an absolute necessity In Edi son's line of business. In tlio judgment of Edison, the man who rose from the ranks was a better judge of the business ability of men than tho man who had merely devoted his time to the pursuit of a classical education. Ho said that in his business, that if a Yale or Harvard man should go to him for employment he would probably say there was no place vacant, for according- to Edison's belief, a man without an academic education was as well titled for Edison' work as a col lege Kraduato and probably would learn the details quicker. He added: Therefore, while I believe in educa tion I also believe that technical edu cation la far better than any other kind, not only in my business but in practically all others with which I am acquainted.'' WOMEN ON JURY DIVIDED Deadlock Is Forced and Wontnn Judse Order Discharge. KEDCMFF. Colo.. March 12. Two of four women, empanelled on a Jury with eight men to try a case of "bootleg ging." here, held out for conviction so strongly despite several hours' argu ment by the other members that Mrs. L B. Tague. the only woman judge In Colorado, ordered the Jury's dis charge today. Tho other -women voted with the men on the first ballot for acquittal, de spite the fact that the defendant pre viously had been found guilty of a slmllur chargo and fined by Judge Tague. This wa the first Colorado Jury on which women served. TAXPAYERS' LEAGUE GROW, Brandies Are Formed in Baker County Many Fanners oln. BAKKH, Or.. March 11. (Special.) The Taxpayers' league has come to liaker County and branches are being started in Baker, T'ocahontaa. Kock Creek. Haines and Missouri Flat. The purposes of the league ure to demand higher efficiency of public officials, strict accounting of all public funds, and reduced taxc In Oregon and to tight single tax, which the organizers claim la "vicious and confiscatory." L'nlon County has already started branches and active work is being car ried on there. The league Is especially popular among the farmers', but many city people nro Joining. Portland People Marry. VANCOUVER. Wash.. March 12. (Special.) Marriage licenses were is sued Monday to Herman Hansen and Mis Margaret Illnckle. of Portland, and 1. F. Miller, of l'ortland. and Mis Menta E. Melcum. of Layton. W'a.sh. They were accompanied by Moll A. 'West: John P. Benton. Miss Ixiuella MeWhorter. O. J. Cook and Stephen Smith, all of Portland. NATIONAL GUARD IS HELD UNAVAILABLE State Troops Cannot Tred Foreign Soil. IP 12.ENED V of O Library 18XOV12 Issue Subject of Grave Dis cussion in Capital. MILITARY PLANS CHANGED Wickcrnliam Gives Opinion at Re quest of War Department Taft Will Insist on Strict Neu trality of Texas. OREGOXIAN NEWS BUREAU, Wash ington, March 12. In reply to an In quiry from the Secretary of War, Attorney-General Wickersham today gave it as his opinion that under the Consti tution the President cannot order out the National Guard of the States for duty In Mexico or any foreign land. While the state military may be called upon to repel invasion, that can only be done when there is every in dication that a foreign power is ac tually preparing to encroach upon American territory. This dtcision probably will alter the plans of the War Department and will make it necessary for the Regular Army to render any service required to protect American interests south of the Mexican border line. Federal Muster No Contemplated. Before militia can be sent to a for eign country, the state organizations must be mustered into the Federal service, and no such step is now con templated. President Taft has arranged to con fer tomorrow on the situation in Mex ico with Secretary Stimson. Senator Culberson and the Texas Congressional delegation. It Is understood the Pres ident and the Secretary of War wish to impress upon the Texas authorities that the neutrality laws must be en forced strictly and that no aid to the Mexican insurrectos must go from Texas. It was learned today that after the conference President Taft might issue a statement defining the attitude of the Cnited States toward Mexico and giving assurance to Mexicans that the United States now has no intention of intervening. Intervention Not Considered. The President told his callers today that he would not consider Interven tion unless Congress authorized him to take such a step. Dispatches to the State Department from Ambassador Wilson at Mexico City were partly reassuring and partly disconcerting. Mr. Wilson said that the recent proclamation of President Taft now apparently was understood In Mexico and any fear that it meant the recognition of the belligerents had (Concluded on Pace 2, SONGS IN STREETS TO USHER IN YEAR OPEX-AIIt CONCERT BY 1000 VOICES IS PROPOSAL. Portland's Ideal Winter Climate, Gives Cliance of Replacing Ri baldry WitU Music. Plans came to a head yesterday, at a meeting held at the Young Men's Christian Association, that an open air concert under canvas covered streets with stnelng by a chorus of 1000 voices, assisted by a soloist of international reputation, will mark: the ushering In of Portland's next New Year, beginning shortly before midnight, December 31, from a grand stand that will probably be located In the vicinity of Sixth and Morrison streets. The originator of the plan is William Mansell Wilder, organist and musical director of the First Methodist Episco pal Church South, and director of the Orpheus Male Chorus. For some months, Mr. Wilder and his friends thought over the proposed open air concert In the streets at New Year's, to celebrate the observance of the sea son of cheer, in a more fitting manner. Instead of the wild scenes witnessed In too many large cities on the night of December 31, when liquor flows like water and when some young pers ns because they are so gay insl.vt on dancing on grill tables instead of the floor. It was found on Investigation that weather conditions In this city December 31, would be favorable and that the average temperature here for the past 30 years or so on that occasion Is 41 and one-tenth degrees. From swimming Christmas morning, to a street concert with music by a big chorus New Year's morning, is the next jump. In the plans being discussed for the proposed New Year's open air concert, are suggestions that the grand stand for the big chorus might be erected on Sixth street near Morrison;; that the whole block of Sixth, Morrison, Seventh and Yamhill streets be covered with canvas, from the tops of the sky scrapers, so that the crowds might be protected from the rain, if any falls that night; that the streets be gaily illuminated; that the expense, amount ing to several thousands of dollars, be defrayed by popular subscription; and that the open air celebration of New Year's ought to be an annual affair. WHISKY WAR THREATENED Spokane Saloonkeeper Orfers Liquor at Five Cents a "Xip." , SPOKANE, Wash, March 12. (Spe cial.) Whisky by the bottle and by the drink has now been brought Into the price-cutting fight among Spokane dis pensers of liquors that began a week or more ago in the reduction of whole sale and retail beer prices. The new turn in the contest was taken Monday, when a saloon on Main avenue, between Stevens and Washington streets, an nounced a cut in the price of whiBky to 5 cents a drink, 40 cents for pints and 20 cents for half plnta. "We may as well work for the dis tilleries as to work for the breweries," was the introductory Inscription borne by the card. So far the reduction in the price of whisky has not extended to other saloons, but it is expected that a number of those who led In the trim ming of prices en bottled beer will meet the Main-avenue liquor dealer's prices. MISSOURI PACIFIC ELECTS Jay Gould and Jacob II. Metcalfe Elected to Board. ST. LOUIS, March 12. Henry I. Mil ler, of New York, and B. F. Edwards, of St. Louis, were retired as directors of the Missouri Pacific Railway Com pany, and were succeeded by Jacob H. Metcalfe and Jay Gould, at the annual meeting of stockholders today. Miller has been vice-president and assistant to the chairman of the board, George J. Gould, and represented the banking firm of Speyer & Company on the directorate. Metcalfe Is the bank ing firm's railroad expert. The other Missouri Pacific directors were re elected. Howard Gould replaced A. H. Calef as director of the St. Louis, Iron Mountain & Southern Railway Company. Calef will retain his title as secretary and treasurer of the two Gonld roads. RATTLERS TO BE RAISED Syndicate to Devote Farm to Snake Culture for Market. LENOX Mass., March 12. One hun dred rattlesnakes fromth Schagticoke Hills in Connecticut are to be brought here by a syndicate of Connecticut farmers to start a 12-acre rattlesnake farm, land for which has been pur chased. Rattlesnake oil is worth (5 a pint, and there is also a good return in the skins. The farmers expect to have at least 6000 rattlers within the next few months. MELON CROP IS ENORMOUS Imperial Valley to Produce 50,000, '000 Cantaloupes This Year. EL CENTRO, Cal., March 12. The cantaloupe crop of tho Imperial Valley will break all records, according to estimates that have been made here. At the time of compilation the yield of melons was expected to be 50,000,000 and It was estimated that 2600 cars wonld be required to transport the crop to the market centers. y CROWDS UP VALLEY CHEER JUNKETERS "Oregon First" Special on Way South. EUGENE BRASS BAND FLAYS Governor West Telegraphs " Greeting to San Francisco. VAUDEVILLE ACTS GIVEM Telephones' Connect All Coaches and Every Comfort ot Oregon Resi dents Is Provided ForBooslcr Song to Greet Californians. BY CARL. S. KEL.TT. fDologate Portland Prnss Club.) (Aboard "Oregon First" Special to Panama Fair Site.) ROSE BURG, Or., March 12. (Spe cial.) The first day was passed by the Oregon first excursionists in learn ing the booster songs and getting final details in readiness for the arrival In San Francisco tomorrow. Governor West joined the train at Salem. He was met by a reception committee and the large crowd at the station cheered the excursionists. Eugene fairly outdid itself, the train being met by a crowd of several thou sand and a brass band playing patrio tic airs. Eugene contributed a large party of excursionists, in fact enough to fill one coach. The Eugene Com mercial Club tendered a son "Oregon, My Oregon." to be sung to the tune of "Maryland, My Maryland." Governor Telegraph Greetings. Governor West this afternoon sent the following greetings to the peoplo of San Francisco: "That Oregon may be first to offer a sister state a helping hand In launch ing a great exposition, we are headed for your city 250 strong. We remem ber the kindly Interest taken by the good peoplo of California in Oregon's exposition and now we come to you with the same kindly feeling for your success. The interest shown by those aboard the Oregon first special is but an evidence of the deep desire pos sessed by all good people of Oregon, for your success. "They realize that tho value and in fluence of the exposition will bo for all the Pacific Coast and that every dollar spent with you will be a dollar well spent and will be returned a hundred fold in benefits. We are coming with a battle cry of "Oregon First" to join hands with you in your effort to give the world the greatest show it has ever seen." Weaver Appointed Chairman. The general committee met this afternoon and Lon F. Weaver was ap pointed chairman of the day for to morrow. With his committee, Chair man Weaver, will tender a formal re ception to the party from Klamath Falls after breakfast in the morning. The Klamath car will be hitched on the train at Weed, at 4:20 A. M. Julius L. Meier, chairman of the Oregon Com mission, this afternoon sent the fol lowing telegram to William T. Sesnon, chairman of the San Francisco com mittee on arrangements: "The greatest and most enthusiastic excursion that ever left Portland is now en route to the exposition city. Entire population of all towns meeting our train with music, cheers and tidings of good will and hearty support of our efforts. We are anxiously await ing arrival of your delegation at Port Costa, to extend greetings to all San Franciscans. "Kindly wire me care the Oregon First Special, en route, details of plans outlined by you, so that our arrange ments may be made to suit whatever your committee has planned." Telephone Service Provided. The train is in personal charge of John M. Scott, general passenger agent of Southern Pacific lines in Oregon. At Shasta Springs he will be relieved by Charles S. Fee, passenger traffic manager of the system. The train Is the last word In comfort and conveni ence, even telephone connection be tween the different cars being provided. There is a piano on hoard and an informal programme was given this afternoon. Rose Bloch Bauer giving several songs and Malini offering his mystifying tricks. Another entertain ment is being planned for tonight The Daily Oregon- First issued il lustrated hourly editions all day, con taining the news of the trip and per sonal quips and flings. The copies were in great demand. CUBAN VETERAN ANGRY If United States Intervenes They'll Fight, Says Speaker. CAMAGUEY. Cuba. March 12. Gen eral Fernandez de Castro, during an assembly of veterans which lasted throughout the night, declared that should the United States attempt an other intervention the veterans of Cuba would fight as they fought against Spain. He was applauded enthusias tically The 'general assembly resolved to de mand an investigation Into the sources of wealth of all members of the admin istration, including the president,