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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (April 9, 1915)
PRICE FIVE CEXTS. PORTLAND, OREGON, FRIDAY, APRIL 9, 1915. BERLIN TO PAY FOR 'FOUNDER TREATY Prussian Compact of 1828 Fulfilled. CONTRABAND IS NOT ISSUE Owners Entitled to Indemnity in Any Event. FORMAL ANSWER IS GIVEN Caso Is to Bo Taken Before Prize Court, However, for Ascertainment ' of Ownership and Amount i of Damages Due. ' WASHINGTON'. April 8. Germany's Intention to compensate the owners of ' the American ship William P. Frye, sunk on the Ihlgh seas with her cargo of wheat by the commerce raider Prinz Kite I FrledxiCh. was formally commu nicated to the United States Govern ment today. Ambassador Girard ca bled a note inded him by the Berlin Foreign Office In reply to the recent American communication submitting a claim for an indemnity of 5238,059.54 on behalf of the Frye's owners. The Foreign Office upholds, without qualification, the legality under inter national law of tlhe raider's action in sinking the Frye and bases the lia bility of the German government to pay indemnity solely on the old Prussian-American treaties of 1799 and 1828, whioh provide that contraband belong ing to the subjects or citizens of either party cannot be confiscated by the other and may be detained or used only In consideration of payment of She full value. Compensation Matter of Coarse. In view of this stipulation, the note says, of course the American owners must be compensated for their loss. It is pointed out, however, that the case of necessity must go into a prize court, in order that questions of ownership, cargo, destination, etc., may be form ally established. The German position is that the Frye's cargo of wheat was contraband because it was consigned "for orders" , to Queenstown. which is declared to be a fortified point of Great Britain. No notice is taken of the fact that since the wheat was sold en route to British citizens, the United States filed a claim for the vessel owners only, this question being left for de velopment in the prize court. Washington Is Surprised. Officials here were somewhat sur prised at the nature of the German note, because of the bearing it may have on negotiations now in progress between Washington and London over the virtual blockade of Germany and Austria declared by the allies. The United States has Insisted that on the belligerent seizing a cargo consigned "to order" rested the burden of proof that the goods were destined for armed forces of an enemy. The German note was dated April 4, one day after Ambassador Gerard pre sented the request for indemnity. German Commander Upheld. The reply was handed by the Foreign Office at Berlin to Ambassador Gerard, who cabled it today to the State De partment. It follows: "The undersigned has the honor to make reply to the note ot His Excel lency. James W. Gerard, Ambassador of: the United States of America, dated! the Bd inst.. relative to claims for dam ages for the sinking of the American merchant vessel William P. Frye by the German auxiliary cruiser Prinz Eitel Friedrich. "According to the reports which have reached the German government, the commander of the Prinz Eitel Friedrich stopped the William P. Frye on the high seas January 2 7, 1915, and searched her. He found on board a cargo of wheat consigned to Queenstown, Fal mouth or Plymouth to order. After he had first tried to remove the cargo from the William P. Frye he took the ship's papers and her crew on board and sank the ship. "It results from these facts that the German commander acted quite in ac cordance to the principles of Interna tional law. as laid down in the decla ration of London and the German prize ordinance. Porta of Destination Fortified. "The ports of Queenstown, Falmouth and Plymouth, whither the ship visited was bound, are strongly fortified Eng lish coast places which, moreover, serve as bases for the British naval forces. The cargo of wheat being food or food stuffs was conditional contraband with in tlie meaning of article 24. No. 1, of the declaration of London, and article -3, No. 1. of the German prize ordi nance, and was therefore to be consid ered as destined for the armed forces of the enemy pursuant to articles 33 and 34 of the declaration of London and articles 32 and 33 of the German prize ordinance and to be treated as contraband pending proof of the con trary. "This proof was certainly not capa ble of being adduced at the time of the visiting of the vessel, since the cargo papers read to order. This, however, furnished the conditions under which, pursuant to article 49 of the declara tion of Iondon and article 113 of the German prize ordinance, the sinking of the ship was permissible since it was not possible for the auxiliary cruiser to take the prize into a German port without involving danger to its own security or the success of its opera tions. Leant- Duties Fulfilled. The duties devolving upon the cruis er before destruction of the ship, pur suant to article 50 of the declaration of London and article 116 of the German prize ordinance, were fulfilled by the (Concluded oa Page 2-1 FRENCH TROOPS TO MOVE ON TURKEY FORCE REACHES EGYPT TO CO OPERATE WITH FLEET. Operations With British Expedi tionary Army Also Part ol Programme, Says Paris. PARIS, April 8. French troops from Africa are ready to assist the allied fleets and British expeditionary forces against Turkey. The following official statement was issued by the War Office tonight. "The expeditionary corps to the Ori ent, which was placed under command of General A. G. L. D'Amade and con centrated at Bizerta (a fortified seaport of Tunis. Africa), to perfect its organ isation has effected the voyage of the Levant under the best of conditions. It has been ready since March 15 to am the allied fleets and British expedition ary corps. "In waiting. It was deemed advisaoie nt tn nrnlnmr the StaV Of the trOOPS aboard the transport, and, for this rea son, the hospitality of Egypt was ac cepted. The French forces have been t Alexandria and are 'in stalled at Ramleh, where they are rest ing and nerfectirur their organization and cohesion. They are ready to pro ceed without delay to any point neces sary." ROADS OFFER 10,000 JOBS Railways Plan Extra Work to Meet Heavy Tonrist Travel. rmrAfiO. ILL. April 8. Employ- .f o-.Tit In manv cities between Chicago and Denver have been asked to supply 10,000 unskilled laborers for railroad work, it was said here toaay. The Burlington, it was said, will put 2000 men to work by May 1 and the Union Pacific 4000 by June 1. The Rock Island, Missouri Pacific and Northwestern systems are named as seeking the other 4000. Because of expected heavy tourist traffic, hundreds of miles of track and ,i .wi o or. n tiA nut In the best pos sible "condition and many miles of sid ings constructed to take care of the extra number of trains. COMPANY OWNS ONE-SIXTH Portland Corporation Assessment in Clackamas $5,210,616. OREGON CITY, Or., April 8. (Spe cial.) Totals taken from the assess- ent books today by County Assessor Jack show that property of the Port land Railway, Light & Power Company, in this county is assessed at $5,219, 616.28, or more than one-sixth of the total assessed valuation of the county, including 81.000,000, in timber lands In litigation between the Government and the Oregon & California Railway Com pany. Assessment of 8300.000 for the Oregon City locks, sold to the Government, will be deducted. BULL RUN GATES CLOSE City Bars Way to Reserve Because of Xnmber of Autolsts. nates leading into the Bull Run w.ivr reserve were closed yesterday by order of Superintendent Kaiser, of the Water Bureau. This action was neces sary on account of the number of per sons who were intruding. Usually the gates are not closed until May. The city recently completed a new plank road from the town of Bull Run to the headworka and this has been such an attraction to autoists that it was deemed best to close the reserve a month earlier than usual. AVIATORS RAID FESTIVAL Women and Children in Montenegro City Hilled by Austrians. NISH. April 8. (Via Paris. April 9.) Austrian aeroplanes on Tuesday bom barded the Montenegrin town of Pod goritza. A celebration was in progress and the streets were crowded. Twelve persons were killed and 60 wounded and many houses were destroyed., Most of the killed and injured were women and children. King Nicholas and his ministers, as soon as they learned of the attack, pro ceeded to Podgoritza to aid the people. 160 HORSES LOSE TAILS Thief Denudes Animals in Spokane Yards, Injuring Value. SPOKANE. Wash., April 8. A rob ber invaded the railroad yards here last night and cut the hair from the tails of 160 horses being held for shipment to Chicago. The horses were not mutil ated otherwise but it Is said that the destruction of their tails will make them practically unsalable. It is estimated that the thief carried away about SO pounds of hair valued at & cents a pound. MAMMOTH'S BONE FOUND California' Scientists Estimate Age at 250,000 Years. LONG BEACH, CaL, April 8. (Spe cial.) Estimated by scientists to be from 250.000 to 276.000 years old, the petrified knee joint of. a mammoth was unearthed today by workmen 28 feet below the surface. The knee Joint of the largest species of animals that ever roamed the earth is well preserved, despite its great age. It measures IS inches in length and 12 Inches In diameter. j UN A! 2 IN TAKEN AS ROBBERS Baker 'Stage Holdup Brings Arrests. $7000 IN BULLION IS FOUND Partial Confession Made One of Male Prisoners. by MINING MAN AIDS SHERIFF Revolver and Garments Belonging to Xotoriois Woman Are Found Xcar Badger Hole Where Gold Is Lo cated Driver Knows Voice. . . BAKER. Or., April 8. (Special.) Molly Burgett and Joe Carlson were arrested at Miller this afternoon, and William Haider, known as "Sour Dough Bill," was formally arrested in the Huntington Jail soon afterward, charged with the holdup of the Rain-bow-Durkee stage and the theft of 87000 in gold bullion in Rye Valley Monday morning. The bullion was found last night in a badger hole about a mile from the scene of the holdup by Sheriff Ander son. All three prisoners are in the Baker County Jail, Carlson and the woman being brought in by automobile by Price Anderson, Sheriff, and Robert Nelson, Deputy Sheriff. Haider came by train. Haider has practically confessed, it is said, and has implicated the other two. Mining Man Aids Officers. The arrest at Miller was made at 4 o'clock this afternoon by Sheriff An derson, Deputy Nelson and II. S. Lee, superintendent of the Rainbow mine, from which the gold was being shipped. Neither Carlson nor the woman resist ed, although the woman loudly denied her guilt. The two lived together in a dilapidated cabin that has been no torious for being a "shady place," and the woman, known as "Old Mol," , has previously been arrested for bootleg ging'. She is about 40 years old and shows the effect of hard life in the hills. Carlson Is about 30 years old and looks far from being a bold highwayman, but more like a youth that could be easily led into trouble. Haider is widely known here as a frequenter of gan bling houses and was arrested four years ago on suspicion of knowledge of the murder of Jack McCullough .dur ing a holdup of McCullough's saloon In Haines. Haider Blames Carlson. The arrests- were made on the strength of articles found near the badger hole, by the tale of Haider and by the knowledge of Ralph Moore house, wo was held up while driving the stage. Haider has told much of the story and is said to place the blame on Carlson. The plot was hatched last (Concluded on Page 6.) " T r .......... r , r t A CONTINUAL PERFORMANCE. ' j pgJ oil iooo2 . .ml jL ' ,. .1 INDEX OF TODAY'S NEWS The Weather. YESTERDAY'S Maximum temperature. 61.0 degree: minimum, 42.0 degrees. ' TODAY Fair, winds becoming southerly. Mar. . French and British expeditionary armies to aid fleet against Turkey. Page 1. Germany to pay for tfinklnr Frye, under treaty with Prussia made in 1828. Pago 1. Belgians report they have routed Germans; French say their gains continue. Pago S. German v officials prevented by Italy from penetrating Into- Abyssinia, rate -a. Russians force three Carpathian passes and cut Austrian army. Page z. Inhabitants of Ypres tranquil though ahelis tail in town, rage z. Reproduction of Columbia River at San Francisco exposition is open to visitors. Page 17. Foreign, American wish for docks In China la one cause of demands by Japan. Page 5. , National. Spe-Ial reports of. bank examiners show Nation-wide business revival. Page-1. Mexico. Carranza and Villa aerial warriors reach Matamoros. Page 1. Domestic. Union officials dispute testimony of rail way president at industrial hearing. Page 7. Young Oregon hotel man strangely missing in San Francisco, page 4. Sport. Returning player declare Portland team is strong. Page 12. Oregon predicted winner o approaching meet. Page 12. WHIard becomes embarrassed by tremendous ovation on his trip north. Page 12. Pacific Northwest. Woman and two men arrested for holdup of Baker County stage. Page 1. Mrs. Emma christofferson to keep money J. 8. Ferreo gave her before marriage. Page 7. Commercial and Marine. All docks needing repairs are included In instruction. Page 14. Southern pacific proposes trade of water front property with .Port Commission. Page 14. Northwest may face shortage of oats before new crop. Pago 17. Wheat declines at Chicago on . account of peace rumors. Page 17. Manipulation In Bethlehem Steel produces 30-polnt advance. Page 17. Portland and Vicinity. "Unholy alliance" In crime by foea layered In court. Page 11. Rose Festival to conduct contoat for select ing Rose Queen and six Princesses. Page 13. Many laborers to vote for bonds despite opposition of Council. Page 11. Dwight Edwards, prominent business man, dies suddenly. Page 9. Weather report, data and forecast. Page 17. DUCKS BAR TO DRAINAGE Eugene Farmers Seek Decision on Riglit-of-Way Proceedings. EUGENE, Or., April 8. (Special.) Ducks versus farms arose in the Coun ty Court rooms today, when a delega tion of farmers appeared, backed by the County Agriculturist and Oregon Agricultural College professors, to ask what aid can be received from the county In forcing a right-of-way for a dralngage ditch if force be necessary. The fanners plan to construct several miles of drainage this Summer to drain several acres, but they fear that they may meet objections from the owners of extensive duck preserves in this vi cinity, owned largely by city gunmen. The court promised to give the matter attention. The draining of the area will be undertaken this year independ ently of the larger project started last year to drain several hundred thousand acres in the Long Tom Valley. Farmer Kills Wife,. Then Himself. LOS ANGELES, April 8. Pursuing his wife into a beet field near his home in Artesia, a suburb, B. S. Brady, a wealthy farmer, shot and killed the woman, and then committed suicide. The tragedy Is said to have been the outcome of a quarrel over a trivial subject. The bodies were found today lying side by side. BUSINESS REVIVAL GOMESVVITHS Better Conditions De clared Nation Wide. WEST ESPECIALLY IMPROVED Bank Examiners Report Offi cially to Washington. TOURIST TRAVEL IS LARGE Deposits Show Satisfactory Increase and Money Is Abundant Hope fulness Pronounced, Crops Good, Merchants Confident. WASHINGTON, April .8. Business conditions throughout the country are showing marked improvement in al most all lines, according to reports from National bank examiners, made public ttmight by the Treasury Depart ment. Eighty of the 90 examiners in the United States reported a perma nent improvement in business and Maine is said to be the only state where real depression exists. The reports are announced to be the result of careful observation and sup plemental to the regulaT reports on business conditions made each month to the Controller of the Currency. Commercial Lines Extending. "Pronounced hopefulness is prevalent In nearly every district," the announce ment says. "Agricultural conditions are generally excellent and commer cial lines, with comparatively few ex ceptions, are enlarging their activities. mainly through an increased demand; but in some cases preparation for ac tivity is expected to develop with the coming of good weather. Manufac turing is on the increase and those industries having orders for supplies from foreign countries continue es peclally active. "Further orders have been placed for cars and rails by the railroads and some large contracts have been made for structural Iron for large buildings in different portions of the country Bconomy Acts as Stabiliser. ' The statement attributes depression to unusual conditions, but says that business here has been stabilized through the application of economy. "The South," it continues, "is show ing marked improvement. The sale of cotton is active at advancing prices, with the result that all business in that section is feeling a steady and pro nounced improvement. The prospects for large crops generally are excellent, end there will be greater diversifica tion. The states adjoining the Missouri River .and the Mississippi River above St, Louis enjoyed exceptional prosperity during the last season, and the present prospects are that the coming season will yield even better results. "The Western states and the Pa cific states are showing a general ira- (Concluded on Page 2.) THtty s War Moves THERE were persistent rumors in London last night that Germany either had declared war on Holland, or that her troops had occupied that atrip of Dutch territory which extends from the Belgian frontier on the coast to the River .Scheldt. The reports lack con firmation, and are not credited by those who should know if either action had been taken. It Is possible that the reports arose from -the news received In the last few days from Dutch sources that the Ger mans were strengthening their posi tions around the Dutch frontier, and that much uneasiness prevailed at The Hague and other Dutch cities as a re sultf the seizure or sinking of Dutch steamers by German submarines. The Dutch are strongly opposed to intervention in the war. but their army is ready to repel any Invasion of Dutch territory, complete preparations with that object having been made long ago. The fighting in the mountain passes continues as fiercely as ever, and al though Austria asserts that her troops, with the assistance of Germans, have gained success on both sides of the Laborcza Valley during Easter, the Russians are, on the whole, much farther advanced than they were a week ago, and have now forced the Dukla, Lupkow and Rostock passes, and are pouring troops into the region of Uzsok Pass, where the heaviest bat tle is now in progress. So far as the rest of the eastern front is concerned, the only battle of any Importance is that In Bukowina, where the Austrians are thrusting at the Russian positions in the hope of compelling the Russians to send rein forcements from the Carpathians. In West Gallcia and Poland the overflow ing rivers and bottomless marshes pre vent movement on a large scale. Another diplomatic report which has created Immense interest is that from Rome, to the effect that Austria is seeking a separate peace with Russia. This likewise lacks confirmation and is not credited, and it is not considered likely that Germany would be sending reinforcements to the Carpathians if there were any doubt of Austria's loyalty to her ally. Italy takes the matter more seriously than the other nations, for, should it prove to be true, it would end her hopes of gaining territorial accessions from Austria. However, the stubborn way in which Austria is resisting' the Russian advance in the Carpathians seems to contradict the suggestion that she is ready to seek peace at Russia's terms. These same conditions are hindering the French operations between the Meuso and Moselle rivers, the French official report today saying heavy rains have made the ground difficult for the movement of troops and the employ ment of artillery. There is an im portant battle in progress in this re gion, however, and the French report making advances, which is disputed by the Germans, who declare that all the attacks have been repulsed. Whichever report is correct, there is little doubt that a sanguinary battle is being fought and that in the attacks and counter-attacks very heavy losses have been sustained. The people of Europe are awaiting expectantly a renewal of the attack on the Dardanelles, this time with land and sea forces. But the only news from that part Qf the world today is that Turkey has decided to call up all men capable of bearing arms, an indi cation that she expects the allies to bring exceedingly strong forces agaiust her. The German government has in formed the State Department at Wash ington that compensation for the sink ing of the American ship William P. Frye by the auxiliary cruiser Prinz Eitel Friedrich. and also for her cargo of wheat, will be given by the Ger mans. . Germany will require, however, that the case be taken before a Ger man prize eourt, that the court may consider the question of the legality of the capture and destruction of the ship and fix the amount of Indemnity. BRITON AVOIDS INTERNING Collier Anchors Outside American Limits at San Diego. LOS ANGELES. April 8. (Special.) Forced by the United States Govern ment to leave San Diego harbor, or be interned, the British collier Lena, around which an international neutral ity dispute has been raging for several days, today is anchored outside the three-mile limit off San Diego, accord ing to Customs Collector Elliott, Until orders are flashed from the British Admiralty the Lena will remain at anchor. Permission was refused her by the United States to carry 14000 worth of supplies to the Japanese cruis er Asama, on the rocks on Cedroa Island. Collector Elliott also refused $1000 worth of provisions to the Lena for her own use, on the ground that the vessel was sufficiently supplied to reach the nearest British port, Victoria. TWO ESCAPE IN HALF HOUR Albany Prisoners Batter Way Out of Jail Soon After Sentence. ALBANY, Or.. April 8. (Special.) Within half an hour after they had been placed in the Albany City Jail this morning, Frank Simpson and Leo Egan had batered their way to liberty and have not been recaptured. They were arreated last night for drunk and disorderly conduct and were sentenced this morning by City Re corder A'an Tasscll. Simpson being an old offender, - received 30 days In Jail, and Egan. having been arrested once before, received 15. They pried loose an iron pipe forming a part of a bedstead In the jail and battered oft the staple holding a lock on the door. They were seen running across the Al bany steel bridge, AERIAL WARRIORS REACH ililOS Both Villa and Carran za to Use Planes. STEEL DARTS TO BE WEAPONS American Aviator in Charge of Besieger's Aeroplane. BATTLE LINE IS FORMING Cavalry Takes Position l"roni Which Fire Would Be in Direction of Brownsville Business Dis trict and Troops Move. BROWNSNflLI.E. Tex., April S. The arrival of stf American aviator at the Villa lines about Matamoros today with news that more aeroplanes are coming, and the whirr of a monoplane belong. Ing to the Carranza garrison In Matamoros tonight, promised early de velopments in the siege of the fortified city, opposite here. Jack Knight was the American aviator. He registered from El Paso. With him came Juan F. Garcia, a Villa aviator, from Monterey. A Villa bi plane has lain idle for a week near Matamoros for lack of an aviator. Knight and Garcia said they were In formed more biplanes are coming, but that they did not know when to expect them. Bombs to n I sell. The little French monoplane of tlis Carranza garrison, carrying a I0-horo-power engine, which was taken across the bridge this morning, was In readi ness for action tonight. It was said to be speedy. It carries only one per son, with additional capacity for about 200 pounds of bombs, com pared with a capacity for two per sons in the Villa biplane, with an addi tional bomb-carrying weight of 400 pounds. P. A. Chapa, aviator of the Carranza plane, said he was supplied with steel darts, which he expects to drop. The Villa aviators reported that the rail road which the Carranza troops tore up, delaying arrival of the Villa artil lery, has been practically repaired. They said the artillery trains should arrive within a day or two. A small portion of the artillery already la at Villa headquarters. Villa Cnvalrj- Moves. Further evidence of preparation for battle was observed today in move ments of Villa cavalrymen south of the city, apparently to strengthen the lines already posted south of Matamoros, the only approach on the Mexican sldo not fully guarded. This movement caused speculation here as to whether it meant an attack on Matamoros from the south. Such mi attack would bring Brownsvllle'a busi ness section In direct lino of fire, not, much more than a mile away. A squad of United States cavalry men was placed today on duty about the Brownsville e'ectrlo light plant and In the neighborhood where bullets dropped In an outlying residential sec tion yesterday during a small action between outposts west of Matamoros. 9000 Hand Grenades Received. Men who helped transfer the content of an express car to Matamoro last night said It contained 9000 hand grenades, despite the fact that the United States Custom-House mani fest gave these contents as rifle cart ridges. Neither side will give out the num ber of men It has, but report from the various camps Indicate the Villa troops now number about 8500 against a garrison of 2600. VILLA'S LOSS DKCIARKD 3000 Vera Cms Celebrates and Hoars OI regon Is Still Pursuing. VERA CRUZ, April 8. Extra editions of the local newspapers today an nounced.that General Obregon's report ed victory near Celaya cost the Villa forces 3000 men killed and wounded. It is officially announced that Gen eral Obregon' troops are continuing the pursuit of Villa forces, and that Obregon will push forward hi head quarters to Irapuato without loss of time. The reports of the Carranza victory caused rejoicing at headquarters here and during the greater part of the dny the ringing of church bells and tho music of marching bands apprised the public of the Villa defeat WASHINGTON'. April 8. Assertion of decisive Carranza victory over Villa at Celaya. 150 mile north of Mexleo City, reports that martial law had been established in Tarnplco and that fighting continued at Ebano. where the contending force were es timated at "000 men. were received to day in dispatches to the Slate Depart ment. Consul Silllman, at Vera Cruz. reported on the fighting at Celaya. but no-word had been received from United States agents as to results of the bat tle in the Irapuato and Queretaro districts nearby. The department' announcement aaid: "Advices Just received from Vera Cruz say that on the afternoon of April 7 General Carranza mado a state ment announcing the defeat of Villa troops by General Obregon at Celaya, after 20 hours' fighting, terminating on the morning of the aevsnlh."