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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Jan. 4, 1913)
VOL. LII-NO. 16,260. POISTF-AXD. OREGON. SATURDAY.- JANUARY 4, 1913. PRICE FIVE CENTS. REVIVAL OF ARHY VJ& OREGON BABIES VIE FOR 1912 HONORS ROYAL ROSARIANS SEE LOS ANGELES L IS FIXED IN BRIDE AND GROOM WALK FAR IN SNOW DYNAMITE CASES CANTEEN IS URGED BEHALF OF CASTRO FIRE OUSTS COl'PLE, WHO,-ILLY CLAD, SEEK SHELTER. GREAT DAMAGE TO PROPERTY IS HE PORTED . THREE ARE IN FIELD AS FIRST BORN IN NEW YEAR. GOURT INVOKED IN High Court Names To tal of $1,1 00,000.- SOME MAY STAY IN PRISON Hasty Incarceration Criticised by Judge. ERROR SEEMS POSSIBLE Theory of "Continuing Conspiracy," on Which Convictions Were Ob tained, Never Has Been De cided by Courts. BAIL mm FOR CONVICTED DTXAMITKBS BY COUBT OF ArFEALS. . $70.000 Frank M. Ryan. Chicago. SGO.000 Joha T. Butler. Buffalo: Olaf A. Tveltmoe. Ban Francisco; J. K. Mnnaey. Salt Lake City: Eugene A. Clancy, Ban Francisco: Philip Cooler. New Orleans: Frank C. Webb. New Tork; Michael J. Vouni. Bos ton. J40.000 John 'H. Barry. St. Louis; Peter J. Smith. Cleveland. 130.000 Murray L. Pennel!. Spring Field, III.; Wilford Bert Brown, Kan sas City, Mo.: Paul J. Morrln, Bt. Louis; Henry W. Legleltner, Denver: Charles N. Beum, Minneapolis: Ed ward N. Smythe, Peoria. II!.: Oeprge Anderson. Cleveland: Michael J. Hannon, Scranton, Pa.; Michael J. Cunnane. Philadelphia; Ernest G. W. Baser, Indianapolis: William J. McCain. Kansas City. Mo.; j William E. Beddln. Milwaukee. 120,000 Richard H. Houlihan. Chicago; Frank J. Hlgglns. Boston; Frank K Painter. Omaha; Fred Sher man. Indianapolis. SIO.000 William 8. Shupe. Chi cago; James E. Bay, Peoria, III.: William C. Hernhard. Cincinnati; Frank K. Phillips. Syracuse, X. T. : Charles Wachtmelster, Detroit: Fred J. Mooney, Duluth. CHICAGO, Jan. S. Bail in the sum of 1, 100,000 for 33 of the 33 union leaders convicted of conspiracy to transport dynamite must be forthcom ing in order that they may take ad vantage of the granting today of a writ of supersedeas - by the United States Circuit Court of Appeals here. Whether this amount can be obtained was admitted by counsel for the de fendants to be a question of grave doubt, but they expressed the belief that at least some of it could be ob tainedenough to accomplish the lib erty of Fresident Ryan and a few others, until decision is reached by the reviewing court. Sixty days was allowed for filing the appeal. Hocfcln Will Not Appeal. The decision Involves only 32 of the S3 men now In the Leavenworth reni tentiary, as Herbert S. Hockin, des ignated among fellow prisoners as the Informer," will not appeal. Judges Baker and Seaman heaixl the arguments and, the decision was given orally by Judge Baker. He took oc casion to Intimate that undue haste was manifested in committing the de fendants to prison. The writ was Issued largely on the point raised by the defense that the ironworkers were convicted of a con tinuing offense a conspiracy to com mit offenses continuously. Offenses ot Kxtradl table. In fixing the amount of bail the court was influenced by the fact that the offenses involved are not extra ditable. Judge Anderson, who presided over the trial court, was authorised to pass on the suitability and adequacy of any bonds offered. District Attor ney Miller, of Indianapolis, who repre sented the Government at today's pro ceedings, said that the bonds of sure ty companies would be acceptable, but that the surety must schedule property valued at twice the amount of the bond. A basis of 110,000 for each year's sentence ws used by the court in fix ing the amount of the bonds. As Ryan was sentenced to serve seven years, his bond was fixed at 170,000. and the same ratio was preserved throughout for the other convicted men. Supersedeas Not Absolute Bight. JudKe Baker said. In commenting on the errors alleged by the defense against the trial court: "In this rase the writ of error Is an Absolute right: a writ of super RtHleas Is not an absolute right. It lias been the practice of Federal crim inal prosecution, however, to allow writs of supersedeas so as to release prisoners on ball until the case finally Is defided on review. "While the Judgment of the trial court presumably Is correct, there is a possibility of substantial error er ror so great that a conviction should not be sustained. For that reason de fendants should not be subjected to the Ignominy of Incarceration while their cases are being revieweVi, and writs of supersedeas should Issue when it Is shown that they are asked for In good faith and not on frivolous grounds or merely to delay the prog ress of Justice. . Ball Is Customary. "The chief error assigned on thW rase is that the defendants were trle-a (Concluded on Face &.) Christmas Bride and Bridegroom Compelled to Take 3-Mile Trail on Chilly Night, in Deshabille.' ' F.OSEBURO, Or.. Jan. 3. (Special.) As the result of fire, which completely destroyed their mountain home, above Peel. Mr. and Mrs. W. R. Warner were yesterday compelled to walk three miles through ice and snow, with little. If any clothing to protect their bodies from the chilly air. Mr. and Mrs. "Warner were married on Christmas day and immediately went to the mountain home, where they started housekeeping. The fire, which originated from a defective flue, burned furiously and the pouple were forced to leave their home In their night cloth ing. With the closest neighbor living three miles distant the couple struck out over the, trail, and after two hours' plodding through ice and snow found shelter. Although reared in the mountain dis tricts, both Mr. and Mrs. Warner were nearly exhausted when they reached the end of their Journey. Other than losing their residence, fur nishings and clothing, the couple lost their wedding gifts. Included among the latter was a beautiful ring pre sented to Mrs. Warner by her husband. The house and contents .were unin sured. TILLAMOOK IS ISOLATED Train Service Crippled hot Films and One Oregoniun Get In. TILLAMOOK, Or., Jan. 3. (Special.) As a result of the rain and wind storm which caused the wTeck of a passenger train on the Tillamook line of the Southern Pacific on Sunday, Tillamook County, has been without train, mail or telephone service since then with the prospects that train serv ice will not be resumed for several days on .account of numerous washouts on the railroad. ' The telegraph wire, which also was down was restored to day. The delay In mail is causing some Inconvenience. The moving-picture shows have succeeded in getting their films via Willamina and the mail could have been sent by that route also had steps been taken to get it through. The bridge across the north fork of the Trask Elver was washed out by the freshet and one of the county bridges across the Wilson River was lifted from the piers but it is thought that this bridge . can be saved. One copy of The Oregonian reached the city today. It was brought in by a man who came in on horseback. This Is the first newspaper since Saturday. FILING FEES ARE MAXIMUM Vancouver Land Ortice Does Biggest Business In Many Years. VANCOUVER. Wash.. Jan. 3. (Spe cial.) For the first time in many years the fees collected by the United States Land Office, of this city, were maxi mum, permitting the Register and Re ceiver to receive their full salary of $3000 a year, or 1250 each a month. A large number of acres of land was made permissible to file upon, but most of it was occupied and had been for years. The filing was merely a formality with the paying of the nec essary fees. it is probable that the Land Office will never again here collect as much In fees as during the last quarter o" 1912. There are In this district about 35,000 acres ofland open to entry. HOPE FOR WEST NOT LOST Chamberlain Thinks Section May Yet Get Cabinet Member. OR EGONTAN NEWS BUREAU, Wash ington, Jan. 3. (Special.) Senator Chamberlain said today he had not given up hope of securing the appoint ment of a Western man as Secretary of the Interior and In a short time will again take up this question with President-elect Wilson, probably by correspondence. Senator Chamberlain is insistent, as are other Western Senators, that the West, In view of Its vote In November, Is entitled to at least one member of the Cabinet, and he hopes that the co operation of Western Senators may yet bring Governor Wilson to this view. R0SWELL MILLER IS DEAD Head of Milwaukee Knilroad in Good Health Day Before. ; NEW YORK. Jan. 3. Rot-well Miller, chairman of the Chicago, Milwaukee & St. Paul Railway Company, died sud denly here today. Mr. Miller was found dead In bed today at his home by a servant who tried to wake him. He left his office yesterday afternoon in apparent good health. He was 69 years old. Yesterday was the first day Mr. Miller had visited his offices for more than a week. He left New York on a short vacation over the holidays, re turniug home yesterday. SENATOR BAILEY RESIGNS Texas Governor to Appoint R. M Johnson as Successor. WASHINGTON. Jan. 3. Senator Bailey today sent his resignation as Senator from Texas to Senator Gallin ger. to take effect immediately. R. M. Johnston, of Houston, is now In the city, and Senator Bailey said that he would be ppointedby the Governor to succeed him with the expectation that the Legislature, when it meets, would elect htm to fill out the unex pired term. General Wood Tells of Merits of System. UNFIT OFFICERS ARE TARGET Major-General Would Transfer Staff Men to Line. MORE ARTILLERY WANTED In Asking Congress to Restore Can teen, Chief of Staff Says It Would Improve Health, Discipline and Efficiency of Soldiers. 1 WASHINGTON, Jan. 3. The restora tion of -the Army canteen and enact-; ment of legislation for the elimination from the United States Army of unfit officers are among the principal recom mendations of Major-General . Leonard Wood, chief of staff. In his annual re port made public today. General Wood recommends the con centration of the Army on strategic lines and in areas where it can be maintained more economically. He would transfer all the personnel of the staff corps excepting engineers, medical officers and chaplains to the line, increasing the number of the gen eral officers, and line officers In the different grades. Struggle Old as Army. The transfer of the personnel of staff corps to the line, in General Wood's opinion, will terminate the constant struggle between line and staff, a struggle which Is as old as the Array and one which promises tos continue. There would be no Interference with promotion, nor would the members of tho present staff corps lose any of their present advantages. Discussing means for the elimination of unfit officers the chief of staff says: "The full efficiency of ah organiza tion of mencannot be secured without a system by which the merits of the Individuals shall have some effect upon their advancement. "The Army long has suffered from the lack of such a system. Up to the grade of Colonel promotion - is by seniority In each branch, and there Is no way under the law by which an officer, no matter what his merit, can be advanced a single number except by making him a general officer. Favoritism Not Feared. "Conservative opposition most Is to be locked for in the Army, where there is Jealous fear of the effects of favorit ism, but this would disappear under tho Influence of a law to place the selec tions where they belong, in the hands of the service Itself, by lodging it with boards of officers so chosen as not to be affected personally by their Concluded on Page 2.) Tugs and Barges Sunk, Buildings Unroofed and Telegraphic Com munication Crippled. NEW YORK. Jan. 3. The first se vere storm of the new year and the most destructive of the season swept along the Atlantic Coast today and caused great property loss. Simul taneouslycame reports of storms of equal violence in sections of the South and Middle West and along a part of the Pacific Coast. At times only five scores of wires were working between this city and Chlcvlgo, and all wires south of Atlanta were lowered. Dam age to shipping on sea, lake and harbor only can be estimated tonight. One death was reported here at a late hour that of a Brooklyn man, who was blown from a scaffold. " In this city rain early today was followed by a gale that reached a max imum velocity of SO miles an hour. The storm lashed high waves from Sandy Hook to the 'rivers entering New York harbor, sank tugs and barges and drove other craft Into perilous posi tions. From several small craft which were capsized scores were rescued. The gale swept the Hudson Valley, unroofed buildings and caused a wash out on the New York Central Rail road's eastbound . track near Gar rison, N. Y. PHILADELPHIA, Jan. 3. Wind, which at times attained a velocity of Si miles an hour, caused havy dam age throughout Pennsylvania, Dela ware and New Jersey today. Many per sons were injured; Eleven were injured in the collapse of a four-story factory in this city, and a score were buried In the ruins of a shed at Westmoreland-street wharf, on the Delaware River. WIDOW FIGHTS OFF ROBBER Young Woman Rancher Wins Iland-to-Hand Battle With Armed Man. SEATTLE, Wash., Jan. 3. (Special.) Mrs. Eugenia Chonat, a young widow living on a ranch near Juanlta, on the eastern side of Lake Washington, this morning shot and wounded John Brown, a former employe, after a hand-to-hand fight with the man, who was bent on ooting the house for money. The fel ow received a wound in the face, and was traced for some distance up a gulch leading from the ranch by neighbors, and finally captured by a Deputy Sheriff and lodged In Jail. . He has only a Mesh wound. Mrs. Chonat became a widow a year ago. 'There ought to be some money around here," said Brown, as he seized the woman and displayed a gun. Mrs. Chonat fought oft the attack and retreated to a dresser in her bed room, on top of which was a revolver. It contained two shells. As Brown forced the woman to her knees, unobservant of the weapon she had snatched up, the plucky little wo man suddenly whipped the gun Into action. She fired point-blank at the robber's face. Brown staggered away and fled. Mrs. Chonat fired the remain ing cartridge and saw Brown rubbing his leg as though he had been shot there. HAS ANYBODY SEEN WILLIAM KOCKEFELLES, LATELY? Venezuelan Changes His Mind Suddenly. RETURN PASSAGE CANCELLED Petition Says Counsel Is De nied Man in Detention. ATTORNEY OUTLINES FIGHT Writ Made Returnable January 10, and Meanwhile ex-Dictator Must Remain at Ellis Island Immigrant Station. NEW YORK, Jan. 3. The Federal courts were Invoked today In behalf of Cipriano Castro, and a writ of habeas corpus was granted to bring him before a judicial tribunal which may deter mine the cause of his detention at this port. It was alleged in the application that the ex-President of Venezuela was Ulegally held at the immigration sta tion on Ellis Island, where he has been detained since his arrival laBt Tuesday. The court will be asked to sustain the writ and thus set him at liberty. The writ is returnable January 10 before Federal Judge Holt, who granted It today. Passage to Europe Cancelled. Castro, immediately upon finding his right to land was questioned, had de cided to return voluntarily to Europe, and had passage on the steamer Amer ika, sailing -tomorrow for Hamburg. As soon as he learned the writ had been granted he cancelled his passage. Legal proceedings to determine the status of Castro came as a surprise, for the ex-Venezuelan executive appar ently had given up without especial regret his Intention to visit this coun try and had declared a desire to return to Europe as quickly as a steamer could carry him. The proceedings, it was said tonight at the. office- of. General Gordon Battle, who had applied for the writ, grew out of a visit to Ellis Island yesterday by Harold A.' Content, of Mr. Battle's law firm. He reported to Mr. Battle, who had advised the visit. Legal Fight Decided On. Mr. Content said that after talking with Castro, he believed the Venezuelan was held In violation of the Immigra tion laws, and that "improper ques tions" were asked him to make him commit himself and thus give specific cause for his detention, if that became necessary. It was determined 'then to apply for the writ "In the interests of public citizenship," and to obtain Cas tro's release. As soon as the writ was procured, messengers hurried to Ellis Island and (Concluded on Page 2.) ' " iff? j Infant Brought Forth at 11.59 De cember SI, Claims Distinction as 1913 Child on Register. If a baby actually was born at 11:59 P. -M. December 31. 1912, and yet was registered as arriving at 12:01 A. M. January 1, 1913, through a mistake of two minutesby the doctor, does that give it the right to be considered the first baby born in the state this year? The mother of a rival baby, born at 5:15 January I denies that it is a New Year babe, and claims the proud honor. Mrs. James Roekford, of 248 East Forty-first street, was indignant when she read that a baby born at Seaside claimed the distinction of being the first 1913 child in the state. "The idea of It'." said the babe's grandmother yesterday. "Why, that child did not see light of day till 8:30. while my grandchild was born l1,i hours .before that. You don't know ol any others born earlier, do you?" she asked anxiously. "Well, what would you say' to child being born at midnight?" was the reply. Then she heard particulars In the case in which a child was born at mid night to Mr. and Mrs. Stanley Sledrl- ensenske. who live at 192 Terry street. in Kenton, 'on the Peninsula. Naturally nothing could convince the first con tender that the Kenton babe will be considered legally as a New Year child. Anyhow, little Stanley. Junior, Is go ing to.' nave two birthdays. Just to make sure, one Just before, the other Just after midnight. OREGON BACHELOR TAX AIM Representative Nolta Would Put Penalty on Single. Blessedness. The introduction of a bill calculated to start a stampede for Hymen's altar Is being considered by Representative J. H. Nolta, of Multnomah County. The bill, as contemplated, proposes nothing less than a tax on the annual Income of every unmarried man over the age of 21 years in the State of Oregon. Xnother provision is 'that a man who is contributing to the sup port or maintenance of a divorced wife, or to the support or maintenance of a child or children by a wife divorced or deceased, shall he exempt. A bachelor who shall marry in the Interval between having his Income assessed - and tax-paying time shall, upon exhibition of evidenoe of his mar riage to the Sheriff, have that portion of his taxes due to his former celibacy cancelled. This feature Is expected greatly to accelerate one branch of business in the County Clerk's office. The Sheriff, however, under the pro visions of the proposed law, is not au thorized to accept an announcement of engagement or Intention to marry as a cause for cancellation of the bachelor tax. PRIMARY TO BE AVOIDED Arkansas Legislature Probably Will Fill Vacancy Unadvised. LITTLE ROCK. Ark., Jan. 3. In the absence of Governor-elect Robinson who is on a hunting trip, no authorita tive statement was availableonlght as to the methods to be pursued in the selection of a successor to the late United States Senator Davis. The Leg islature is required to elect a United States' Senator when it convenes Jan uary 14. and the opinion is expressed by political leaders here that the selec tion will be made without calling a special Democratic primary to name a party nominee. Those who have been named as prob able contestants include Governor-elect Robinson, retiring Governor Dona ghey, ex-Representative Brundage, whom Senator Davis defeated in the primary last September; Attorney-General Norwood and Representative Old field. CHAMBERLAIN .IS IN LINE Davis' Death Opens Way to Public Land Committee Chairmanship. nnp.rcoxiAN' NEWS BUREAU, Wash ington, Jan. 3. (Special.) The death -of Senator Davis, of Arkansas, prob ably means that Senator Chamberlain will become chairman of the public lands committee when the Democrats reorganize the next Senate. With Sena tor Davis gone. Senator Newlands alone outranks Senator Chamberlain on this committee and it is now generally believed that Newlanda will take the chairmanship of the interstate com merce committee, for which he is in line, relinquishing his claim on public lands. This will give Senator Chamberlain a clear field and he probably will take this charmanship In preference to oth ers to which he may be eligible, not ably military affairs, agricultural or irrigation. FAMILY MAY BE UNITED Police, Acting on Request From Ken tucky, Locate 92-Y'ear-Old Mau. After eight years' separation from his family James E. Davidson, 92 years old, will return to them within a few weeks, if negotiations opened by bis son, Harry Davidson, of 654 East Wa bash avenue, Frankfort, Kj are suc cessful. The old man was located yesterday at the Edel Brau Hotel, 210 Morrison street by Patrolman Hennessey after Acting Chief of Police Slover had- re ceived a letter from his son asking that he be located. Portland Tourists End Southern Visit. IMPORT OF TRIP RECOGNIZED Six Cities Pledge Delegations to Rose Festival. MISSION PLAY WITNESSED Angel City Residents Inspired With Enthusiasm Over Importance of Tour Toward Linking Togoth- . er Cities of Coast. BT DEAN COLLINS. LOS ANGELES. Jan. 3. (Special.) Los Angeles offered to tho Royal Ros arians today as the crowning feature of their entertainment on the southern tour, a programme that differed great ly from those of most of the cities previously visited, inasmuch as the formal social side was set aside and tho Rosarlans were taken about all day for -a series of Informal and highly pleas ant bits of entertainment. "I saw you In Pasadena," was the prevailing greeting from the commit teemen of the Los Angeles Chamber of Commerce, as he welcomed the Ros arlan leaving the special train after It arrived in Los Angeles at 9 o'clock this morning. The work of the Rosarians at Pasadena, which was witnessed by hundreds of visitors at the Tournament of Roses from Los Angeles, appeared to have inspired everyone with enthusiasm over the Importance of the Rosarians' visit in linking together the interests of the cities of the Pacific Coast. Visitors Well Cared For. Immediately after leaving the train, the Rosarians were relieved of their baggage and hurried to special cars to be taken to their hotels. Reservations had been made In advance while the party was In San Diego, and the Cham ber of Commerce committee, saw to it that all of the baggage was taken to the hotel to which the guests had chosen to be assigned. The Alexandria was the official head quarters of the Rosarians. and the ma jority of those In the party took res ervations there, while all of the meet ings of the evening were held in the ballroom of that hotel. Business men of Los Angeles took the Rosarians for a trip about the city after breakfast at the Alexandria, and then, upon special cars, the party went to La RamadaiCafe, where they en joyed a Spanish dinner as guests of the chamber of Commerce. A short address of welcome was made by H. C. Osborn, president of the Chamber of Commerce, and Crown Prince Bris tol, of the Rosarians, made the re sponse. Dr. Brougher Among Hosts. Rev. J. Whitcomb Brougher, who had been In San Diego with the Rosarians the day before, made a rapid change from the Rosarian costume to a suit becoming one of the reception com mittee and extended an invitation to the Portland visitors to attend the grand opera on Saturday night as guests of the Chamber of Commerce. The great feature of the day's pro gramme was a trip to San Gabriel mission, to witness the mission play, which was written by John H. Mc Groarty, one of the men who served on the reception committee for the Los Angeles Chamber of Commerce. "DJie play Is a brilliant spectacular production, bearing a similar relation to the early history of California that the Bridge of the Gods bears to the early Oregon history. Between acts the guests crossed over from the thea ter jn which the play was given ana were shown through old San Gabriel mission house. Writer of Play Acclaimed. At the close of the production Mr. McGroarty was called to the rostrum by the applause from the Rosarians and was hailed with enthusiasm as the writer of "The Passion Play of the West." In the evening the Royal Rosarians turned host and in the hotel head quarters gave a reception for the citi zens of Los Angeles. The honorary Rosarian degrees were conferred upon president Osborne, of the Chamber of Commerce, upon Mr. McGroarty, and a dozen other leading members of the Los Angeles business men's organization. Six cities in which the Royal Rosa rians were guests during the tour of California have as a direct result of the tour pledged delegations of 'repre sentatives to attend the Portland Rose Festival In June, and four of these cities will enter the Pacific Coast Fes tivals Association, of -which George L. Hutchin, manager of the Portland Rose Festival. Is president, within the com ing year and prepare to hold annual t fiestas similar to those now held by cities already In the Pacific Coast Asso ciation. t Sacramento Joins Association. Sacramento, the first city visited by the Rosarians, .will develop its "goose roast" in the month of March of each year, and will add as the chief feature of the fiesta the celebration of the sea son of the Camella blossoms, and with this annual event will enter the Pacific Coast Festivals organization. Oakland pledged a delegation of 500 t Concluded on Page S. rn X