SENATE SITTING AS COURT TO IMPEACH Members Unfamiliar With Du ties When Judge Archibald's Case Is Called. GALUNGER WILL PRESIDE Summons for Jurist Orders Attend ance July 19, Wtien It Will Be Decided Whether Trial Will Proceed at Once. WAmWGTON, July 1. Judge Robert 'W. Arehbald. of the Commerce Court, the ninth man In the history of the United States to be impeached for "high crimes and misdemeanors," was summoned today before the Senate to stand trial upon charges made by the House. The fall of the gravel cut short other business, as Senator Galllnger, acting president, announced that the hour for the trial had arrived. Seaatortal Precedeata ForROtt em- There was a moment of confusion as the Senate, unable to Interpret rules out of use since 1904. sought a method of administering oaths that changed the body Into the high court of 1m peachment contemplated by the Con stitution. Acting President Galllnger had flrst to be sworn in as presiding officer. but none could say who should do It. Senator Shelby M. Cullom. the oldest member, finally was designated on motion of " Senator fomoot. Senator Gallinger then swore the Senators to do their duties as Judges. In parties of eight, selected alphabet Ically. they came forward to the bar and swore to "do Impartial justice. Formal Resolutioa Preaemted. As the last man sworn retired to his seat. Senator Clark, of Wyoming, chairman of the Judiciary committee, presented the formal resolution to In form the House that the Senate now sat as the "high court of Impeachment and was prepared to receive the House of Representatives and Its committee of managers. When the court of Impeachment re sumed Its session this afternoon a sum. mons for Judge Arehbald returnable on July 19, was Issued. Whether the trial will Immediately go on or be post poned until Fall or Inter probably will be decided then. The court then adjourned until Friday. Formalities Qnlckly Over. An order for the appearance of Judge Arehbald Monday was first offered by Senator Clark, of Wyoming, chairman of the Senate committee on Judiciary. and was objected to by Mr. Clayton and Senator Bacon. Friday then was fixed. "When the Judge has been served with the process." said Mr. Clayton, "then he may appear and request a reason able time to make his answer to the articles of Impeachment. Less than an hour was taken up with the organization of the court of Im peachment and the adoption of the formal qrders for the appearance of the defendant and witnesses. The trial of Judge Arehbald for al leged connection with' business deals in which it is charged he appeared as the oeneficiary of favors from railroads having litigation before his court Is the first Impeachment case before the Senate since Judge Swayne. of Florida, jras tried in 1905. Judge Swayne was acquitted. Two Oat of Eight Convicted. Of the eight men who have been im peached and tried before the Senate in the last century and a quarter, in cluding a President of the United states, a Senator, a Secretary of War, an Associate Justice of the Supreme Court and four Federal District Judges, two have been convicted. Senator Blount, of Tennessee, tried in 178. resigned and the case was dis missed: Judge Pickering, of New Hamp shire, was removed In 1804. and Judge Humphreys, of Tennessee, suffered a similar fate In 1862. President John son, tried In 186S. Justice Chase In 1SU4. Judge Peck In 1S30. Secretary of War Belknap In 1876 and Judge 8wayne in 1905. all were acquitted by the Senate. POLICE LIST 7 SUSPECTS (Continued from First Page.) cent of the profits. Police Commis sioner Waldo and District Attorney Whitman, both of whom were out of town, cut short their vacations to start the inquiry. Waldo Demaada Explanation Commissioner Waldo yesterday wrote a formal letter to the District Attorney demanding an investigation by that of ficial, rather than through his own de partment. Whitman announced he would begin a formal investigation to day. The murder of Rosenthal before day break today brought the situation to a sensational climax. Rosenthal left his home late last night, telling his wlte he had an ap pointment to meet Police Lieutenant Becker at the Hotel Metropole, Broad way and Forty-third street. Shortly before 2 o'clock a slate-colored automobile drew up in front of the hotel. One of its six passengers got out and walked Into the hotel, beckon ing to Rosenthal. Rosenthal, without hesitation, walked out. He had reached a point not more than a doien feet from the door when a vol ley of shots rang out from the slate colored car. Four of them found their target, and Rosenthal fell dead in btantly. with a bullet in his brain. Almost before the crowd on the side walk and In the lobby realised that a shot had been fired, the touring car disappeared In the direction of Fifth avenue. Poller la Taxi Give Cbaae. Police Lieutenant File, of the central office staff, was dining In the Metro pole when he heard the shots, and ran out. Without waiting for details he Jumped Into a taxlcab and started In pursuit of the big slate-colored racer. He gave chase for a mile across town before his slower machine dropped hopelessly behind. Theshots fired at Rosenthal attract ed a large crowd, and a few minutes after the Incident the street about the hotel was filled with hundreds of per sons. Reserves from several of the nearby stations were called out to keep them in order. James Consldlne. one of the owners of the hotel, witnessed the ' shooting from the rear of the lobby. He said: I ,aw Rosenthal coming toward the hotel. He started, as though going to Broadway, and then stopped suddenly. Gossbler Stops Soddealy. "I don't know whether he saw the men In the machine or not. but the sudden way In which he stopped con vinced me he was afraid something was in happen to him. I know that one of the men In the car was a policeman." Mrs Rosenthal, widow of the gam br, was almOBt frantic when a mes senger told her that her' husband had been killed. 'This is the police again!" she ex claimed. "It is just what I expected! I stayed up. fearing that Herman would not get back safe." District Attorney Whitman was no tified and ' later began his Investiga tion. Deputy Police Commissioner Douerherty said today: . "The car used was 'No. 41,111.' N. T. It waa bought by Louis Llbby last Octo ber. He promised to pay .899 for It. had paid X200, and was still paying on It. "It positively has been Identified as the car used by the assassins, and Llbby positively has been Identified aa the chauffeur and as one of the men who fired at Rosenthal. The car was found in the garage on South Washington Square. Hoaaletde Charge Preferred. "The charge against the prisoner Is homicide. The garage Is the same In which- waa found the taxicab used by Montanat In tne .25,000 taxlcab rob bery." Police Lloutenant Becker Joined Dis trict Attorney Whitman when be heard of the murder. Ho said: "It is very regrettable. I know of no motive. I have not seen Rosenthal for a week and then 1 met him casually." Later he said: "It ought to be needless for me to say that I know absolutely nothing of the crime, who perpetrated It. what the motive, or what the end Is to be gained by It- I want to say, now that I have said this much, that it was to my best and only advantage that Ros enthal should have been permitted to live for many years. If not for a few more days only. "I bore this man no malice. He set himself up as my enemy. I have ex plained every move I made with this man to the satisfaction of my su periors. "The mortgage Is very easily ex plained.' I calculated that In three days, at the outside, the last suspicion would be lifted from the Police Depart ment by documentary,- legal evidence before the pr per authorities." The police learned that Rosenthal talked with friends about the degree of safety in which he moved since he brought charges against the police. "I've been threatened, Kosentnal was quoted as saying, "but I do not care a hang for anybody. I'm going to stay right here and face this thing- They didn't play this game on the level and I'm going to stick and meet Justice." BELrilQNT BIG DONOR TO CAMPAIGN FUND Personal Contribution in 1904 Close to Quarter Million, He Tells Committee. DEFICIT IS MADE GOOD GUARD LEAVES JULY 20 OUTSIDE COMPANIES WILL- AK RIVE IX PORTLAND. Train for Grays Harbor Will Leave In Two Sections Army Instruct or Will Accompany Fifth. Officers and men of the Oregon National Guard will leave Portland Saturday for maneuvers at Grays Har bor, Washington. They will bo In camp 10 days. The first section will leave over the Northern. Pacific Rail road en route to Montesano, Wash., at t o'clock Saturday morning. The second section will leave at 12:30 P. M. the same day. In the first section will be one bag gage car, one flat car, four stock cars and six coaches. In the second sec tion will be a baggage car and nine coaches. The first section will carry headquarters, companies H. B, F, C, Third Infantry, tne sanitary troops at tached to tha Third Infantry, and the ambulance company. In the second section will be companies A, D, E, G, I. K. L and M. Company C will leave Baker July 19 for Portland. Company D from Corval lis. Company G from Dallas. Company I from Woodburn, Company L from Oregon City and Company M from Salem will come to Portland July zo. Flfst Lieutenant Francis C. Endlcott. Fifth Infantry, Inspector Instructor, on duty with the organized militia of Ore gon, will accompany the Third In fantry. ENGINEER PRESENTS CASE Chief Stone Urges Shorter Hours and Increased Pay. NEW YORK, July IS. Warren Stone, chief of the locomotive engi neers, resumed his presentation of. the case, of tho engineers of the. Eastern railroads when the arbitration commit tee met today. He said that when he had completed his outline of the claims of the engi neers and submitted statistics to prove their contention for shorter hours and Increased pay was Justified, he would call as witnesses the engineers of 18- hour trains between New York and Chicago. The 50 roads Involved, through their lawyers, will occupy several days pre senting voluminous evidence In sup port of their contention that the engi neers receive all the earnings of the railroads will warrant. COTTON FUTURES BANNED House Passes BUI Fixing Heavy- Penalties for Speculation. WASHINGTON. July 16. Heavy penalties for -gambling In cotton futures are provided In the Beau bill passed today by the House by a vote of 95 to 25. The bill yet must go to the Senate. Efforts were made to amend the bill to include provisions prohibiting gam bling In grains, but these failed. The bill would prohibit all dealing In cot ton futures and fix heavy penalties for the purchase or sale of cotton not actually In existence. Heavy fines would be Imposed for the use or the mails or telegraph for the dissemina tion of cotton speculation Information. SENATE CENSURES TAFT (Continued from First F. in the next election I should advise my friends to go a little slow In adopting this resolution." added Senator Borah. Senator Cummins said that Inasmuch as the distinguished author seemed in favor of the recall of everything, he might recall this statement after March 4. O'Goraaa Sarahs for Wllsoa. Senator O'Gorman challenged the statement thai Governor W ilson favored "recall of everything." "Oh. I had In mind the recall of Republican Presidents," replied Senator Cummins. Senator Burton defended Mr. Tart both as President and party leader. The Ohio Senator stirred the wrath of the Democrats by asserting that Cleveland had gone to the verge of violating the Constitution while In office, but added that he meant no reflection on the ex-President. Senators Townsend. Crawford and Jones defended the President, while Works, Hitchcock and McCumber spoke against. his course. Senator McCumber said the Presi dential office had been used for ten years to abuse the power or congress. He asserted the press of the country had upheld the Presidents In forcing Congress to do things and that six or seven years ago "any one who dared to disobey the Executive promptings was subject to immediate executiou." Payment "Seldom by' Check," and 'inspired by Desire That Things Be Not Done by Halves. Hitchcock to Be Next. WASHINGTON. July 16. The Sen a'te's investigation of campaign contri buttons in the elections of 1904 and 190S turned today to an Inquiry of the Democratic funds used In Alton Jtf. Parker's campaign of 1904. August Belmont told the Senators he person ally contributed about 1250,000 and that the total amount in tne war cnesi naa been less than a million dollars. Postmaster-General Hitchcock, chair man of the Republican national com mittee In 1908, will testify tomorrow about the contributions to President Taft's first campaign fund, and William F. Sheehan, a member of the Demo cratic national executive committee in 1904. will be a witness Thursday. Mr. Belmont said a contribution of S10.000 offered by Henry Havemeyer, the sugar "king." was refused by his committee In 1904. Foods Given to Cover Deficits. The Senators wanted to know how Mr.. Belmont came to give 1250.000 to the Parker campaign. He explained he had contributed when deficits occurred "My habit has been that If I feel responsible for anything? my obligation is not measured by dollars and cents," said Belmont, when Senator Paynter asked if his large contributions em. barrassed him. Belmont was a mem ber of the campaign executive commit tee that vear. Belmont told first of advancing 150.- 000 to the Democratic National com mittee. He said he had been' reim bursed $42,000. . "Those committees always start out that way," he explained. "They ask for advances and then begin to raise funds. Later they reimbursed me so that the balance of 8000 only was a contribution." Senator Jones asked Belmont for the total of his contributions. "Was It more than (50,000 V "Oh, yes." "1100.000?" "It must have been more than that.' "Was.lt $250,000?" asked Senator Jones. i "I doubt it. I have tried to remem ber, but I find I cannot," said Bel mont roatribntlon Grows Automatically. Senator Jones tried a new tack. "Did you contribute by cash or check?" f "Very often by cash." "And check?" queried Senator Payn ter. "Seldom by check. I cannot remem ber the exact amount, but I am satis fied with an estimate of .250,000." "Do you care to give any reasons why you gave so large an amount as .250.000?" asked Senator Jones. "I was very active in the nomina tion," began Belmont, "and had been selected to serve on the committee; so i, .--..) H I . -nt nm o in. I lust contributed. I never Intended to make any such contribution, but wnen aeii clts arose I contributed." Belmont was asked it he had any understanding of reward from Judge Parker, the Presidential candidate. "From the very outset. Judge Parker was a free and independent man and remained so." v...... vmi Bvnort to have any special legislation?" Senator Paynter asked. "None whatever. There was no in terest with which I was connected that could be helped by special, legislation." Belmont was unable to give an ac--. ..... nr the tntn.1 funds at UUl ttIV MLimBio - the disposal of the Democratic National committee in' 1904. wnen Denaioi Clapp asked If It were a million dol h "sruesaed" It was not more than $600,000 or $700,000." Belmont estimated uie navemtjr contribution as $10,000. Some Friends Solicited. t- 1 1 AAallA Via hnri nkfH Morton F. Plant for a contribution and got "probably iziiuu. r,H vnu wniinlt monev from your friends and acquaintances?" asked Sen ator Clapp. "Some, yes. u-imiint mentioned Frpedman. One Of "my directors on the Interborough," Delancey Nlcoii ana Auroacn as meu whom he had asked to contribute. He said Wall Street gave little. "Who was the most active in rais ing funds?" the chsflrman asked. ..ni. kif i c a thine- nn one devotes all bis time to." was the response. "As signing speakers and distributing lit erature Is the great work. Every Democrat was supposed 10 conmouie. a lAiiino- the committee he was unable to give any Information of the whereabouts or cnaries nan, msiswih treasurer of the Democratic commit tee in 190'.. Belmont wa3 excused. HANF0RD PATENT PROBED ( Con ttnued from First Page.) Judge Hanford, quoted the Judge as saying: "Of course, I have no use for an in vention of this kind, and unless Bur pee wishes to purchase it I cannot take time to show it to him." Burpee testified that he did not think It was possible for the Judge to In vent a valuable machine; witness didn't want to have anything to do with it, and "didn't think the Judge ought to be in that line of business." Subsequently witness called with Mc Cord on Judge Hanford in the latter's office, but the Judge did not show his machine. Later he patented it. Ltoosr-Tlnie Acquaintance Talk. Fred H. Petersen, an attorney of Se attle, who had known Judge Hanford 28 years-, testified that he had seen the Judir under the influence of liquor or streetcars half a dozen time. Witness described one occasion when the Judge, returning home, was awak ened at his corner by the conductor, who helped him to his feet, assisted him off the car and supported him to his door. 50 feet away. Manlv B. Haynee. son-in-law of Judge Hanford and organizer of the Hanford Irrigation & Power company, was on the stand nearly all afternoon. giving a history of the company. His testimony was continued into tne mgnt session. Witness Anderson at the session last night said that L. J. Jackson, a credit man. had told mm tnat tne creait men had met to protest against the fees allowed by the accused jurist. Witness also declared that in tils be lief it was not so much the fault of Judge Hanford that excessive fees were being granted, but in a great measure the merchant creditors fault, tie said that be had told the merchants this at their banquet. The men who appeared before Judge Hanford, the witness said, were always interested in ob taining large fees for the if services and that the merchants themselves should be represented when they are granted a right to protest and inform the court of the actual circumstances. Judge's 8n Father Champion. After John T. Whitlock, an aged lawyer, had testified before the sub committee this morning that he had seen Judge Hanford drunk on a crowd ed streetcar of Seattle one afternoon, Whitlock was followed Into the hall by Ned Hanford, son of the Judge, who called Whitlock a prevaricator. Whitlock struck the young man in the face, returned to the courtroom, went on the witness stand and told his experience. Whitlock. when recalled, said he did not know the young man who had ac costed him, but had been told that he was a son of Judge Hanford. William H. Gorham, ex-president of the Seattle Bar Association, was called to the stand and verified WhlUock's testi mony. The subcommittee has repeat edly complained of efforts alleged to have been made to intimidate wit nesses and suppress testimony. Whit lock in his testimony had shown no animus against the Judge, and closed by saying that he had found him fair and upright on the bench. The morning session began and ended with testimony of bankruptcy law experts, with many bartenders be tween, who were questioned whether a drink known as "Judge Hanford Mar tini Cocktail," was known among the profession. All the bartenders agreed that it was not a standard and regu larly named drink, but that if a harum scarum fellow came in and ordered a "Hanford Martini," he would be served with the regular Martini cocktail of the establishment. Onion Replace Olive. ' Evidence was introduced to show that in the saloon where Witness Jacobs and his friend decided a wager last week by calling for a Hanford Martini and receiving a Martini with onion in it, the saloon's regular practice was to use an onion instead of an olive. Ques tions asked by the committee seemed to indicate that they had ordered cock tails at dinner in a large restaurant connected with the bar in question, and that they could qualify as witnesses concerning the place. Governor Teats, of Tacoma, attorney and member of the Legislature, testi fied that in September, 1909, while he was examining a witness, a juror asked permission to leave the room. ,Judge Hanford paid no attention to the juror, witness testified, and witness, realiz ing that the Judge was sound asleep, told the juror to "go on." All proceed ings were suspended five minutes while the Judge slept, and the Juror was ab sent, witness testified. Just as the juror sat down, the Judge woke up, ac cording to witness. Teats testified that he had never seen the Judge under the influence of intoxicants. BURDENS ON SETTLERS BORAH PROPOSES TO SHIFT COST OF FAILURES. Tax Jfot Heavy Upon Federal Treas ury but Unjustly So Upon lo cators Under Projects. OREGONIAN NEWS BUREAU, Wash ington. July 16. Shall settlers on Gov ernment Irrigation projects pay ror the mistakes of the Reclamation Service or shall that loss be saddled upon the Government? That question was raised In the Senate a few -days, ago and will be more extensively presented on be half of the settlers by Senator Borah, of Idaho, who is now at work upon a speech on the subject. Under the . reclamation act, ail moneys spent out of the reclamation fund have to be paid back by the settlers who acquire water rights. This means that the settlers not only are required to pay the actual cost of constructing the projects, but have to make up any losses, the losses being added to the costs. This makes the burden heavy upon the settlers whn any mistakes are made, for under thj prevailing system of book-keeping th full expenditure Is figured as cost. This subject flrst arose In connec tion with a. bill authorizing the sale of the Government plant and project at Garden City, Kan., a project that proved to be an utter failure. This was a unique project. In that there was no flowing water to depend upon, and all the water for irrigation was to be pumped to the surface from an under ground flow 20 feet below the surface. The government spent about $300,000 on a big pumping plant, built its dis tributing system, and then found the project was an utter failure, for it eould not get the water to the lanii at a cost tne farmers "could pay. The land owners under the project, how ever, had obligated themselves to repay the cost of construction, and being without water were unable to raise crops or meet their payments. So the project has been abandoned, and It is now proposed to sell , the government plant, release the settlers, and recoup the loss as far as possible. But there will be a substantial loss on the proj ect at best, and the problem has arisen, upon whom shall this loss fall? It cannot fall upon the settlers on the Garden City project, for they have lost everything and cannot pay; In fact they never had water tor irrigation. and the government did not keep its part of the contract. 'The rear has been expressed that this, loss will be distributed upon other projects, and that settlers in other states will pay for the Garden City fiasco. When this bill was before the Sen ate, Senator Borah said It was not right that the expense attending sucn mistakes should be saddled upon the settlers but should be paid for out of the Treasury. He took the position that when a settler repays to the gov ernment his share of the actual cost of getting water onto his land, he has done all that reasonably can be asked of him. He announced that he would soon raise the Issue of relieving the settlers from the burden of mistakes which have been made In any of the Government projects and will ask Con gress to pass an amendment to tne reclamation act to this effect. Senator Borah went on to say that mistakes could not be avoided In such a big work as that undertaken by the reclamation service, a worn in a large degree experimental, but when mis takes are made, he declared the Gov ernment should bear the expense. That would not be a heavy tax upon th; treasury, but would be an unjust bur den to impose upon the settier. Just what form or rener senator F. P. Young Co. Ladies' Haberdashers. 328 Morrison Street. Portland Hotel Block. If you are going to the shore or mountains you 'will need a good sweater. We can supply you at a cheaper price for better sweaters than you can buy elsewhere. $5.00 Ladies Sweaters $7.50 Ladies Sweaters $5.00 Lingerie Waists .$3.48 $6.98 $3.00 Borah will propose he has not yet de termined. He would limit the liability of the settler to the actual cost of get ting water to his'land, exclusive of the cost of errors In engineering or con struction. The Idaho Senator thinks this Is just, and while he may not get action this session, he is hopeful of getting his bill through by next session at the latest. MARSHALL JS IN DOUBT Candidate Xot Sure Whether He Is . "Progressive" or Xot. . INDIANAPOLIS, July 16. Governor Marshall, Democratic candidate for Vice-President, today received at the State Capitol 20 members of the Demo cratic National Committee who stopped here on their way home from the re organization meeting at Chicago. Gov ernor Marshall said he "did not know whether he was 'progressive or not," and continued: "There are many kinds of progres sives nowadays. One believes in tak ing the tariff, off Iowa products and putting It on Indiana products, and the other supports the opposite policy. I am not that kind of a progressive. But If the term means to believe that the Democratic party should meet changing conditions in protecting the people against the special interests, 1 am progressive." ' How to Protect Hair and Skin in Summer Summer months are trying- on the hair because of the excessive per spiration and the great amount of dust flyings This dulls the hair and makes it "matty" and unmanageable, yet it is eSisy to restore the rich color and massy softness and keep the hair bright and pretty during the hottest weather by shampooing with canthrox a teaspoonful of which dissolved In a cup of hot water is enough for a thor ough cleansing. Oiliness, freckles, tan and other com plexion disfigurements disappear fol lowing the use of a SDurmax lotion, Thts is made by stirring two teaspoon fuls glycerine into one-half pint witch hazel (or hot water), then adding four ounces ' epurmax. The lotion dries quickly, is invisible when on and im parts a delightful tint and velvety cirothness to the skin. Perspiration will not spot the spurmax lotion, nor will the wind blow It off. Adv. I Asked The Doctor: "What is your best diversion after the worries of the profession al day?" 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