PORTLAND, OREGON, ATEDXESDAY, JULY 2G. 1916.
PRICE FIVE CENTS.
STUDENTS IN GUARD
WILL BE RELEASED
10 DIE ATTEMPTING
RESCUE IN TUNNEL
WOODEN SHOE ERA'
IS HELD IMMINENT
S.A.D. PUTER AND 2
SONS ARE INDICTED
BRITISH CRUISER IN
LIMIT ON LIQUOR
AMERICAN WATERS
EASTERN HOT WAVE
IS HELD ILLEGAL
MUSTERING OCT PROMISED IX
TIME FOR SCHOOL.
SUBSTITUTE FOR- LEATHER DE
CLARED NECESSARY.
WARSHIP ANCHORS IN CHESA
PEAKE BAY; SOON DEPARTS.
VOI,. VMNO. 17,371.
CHILDREN PERISH IN
More Than 250 Dead
in Montreal Alone.
STORM BREAKS IN CHICAGO
Buildings Demolished and Big
Trees Uprooted.
BOLT STRIKES STREETCAR
Units Composed of College Men to
Be Dissolved and Reorganized in
Officers Reserve Corps.
WASHINGTON. July 25. All Na
tional Guard organizations composed of
college students will be mustered out
of the Federal service in time for them
to proceed with their school work at
the Fall term-
It was announced at the "War Depart
ment today that the policy of the Gov
ernment would be to disband such or
ganizations completely as units of the
National Guard and to seek the reor
ganization of the college men into
branches of the officers' reserve corps.
Individual members of National
Guard organizations who can show the
intention of entering or returning to
colleges or schools for the Fall term
also will be mustered out on Septem
ber 1.
Passengers Escape Death, but Man
on Sidewalk Is Killed Two Go
Mad In Peoria Maryland
j Town Is Inundated.
' ffflCAGO, July 25. (Special.) The
present heat wave, -which envelops all
of th country excepting" the Pacific
Coast, is proving especially severe in
F.astern, Canada-, where the people are
unused to torridity.
Dispatches tonight say that more
than 250 children perished in Montreal
the past week from heat. The temper
ature there today was U3 the highest
point reported in five years. In Que
bec 23 children have been killed by heat
Fine Sunday. Toronto also reports
unusual heat, which has continued for
nearly a week, resulting1 in deaths and
prostrations.
Montreal Condition Unusual.
Conditions, in Montreal especially,
are most , unusual. Ordinarily that city
is positively cold when the States are
baking and sweltering, and hay fever
sufferers have hailed Montreal as the
one spot they could count on for relief.
iow conditions are almost reversed, as
Montreal is seven degrees hotter than
Chicago.
TJght breezes helped Chicago some
what today, although it was hot enough
for the most fastidious. Police reports
show that eight persons died yesterday.
last night and today from the heat, and
there were several prostrations and
aoveral persons bitten by dogs.
The official forecaster says there
is no relief in sight for several days,
but that all indications point to still
hotter weather.
Chicago Hag Terrific Storm.
A terrific electric storm broke in
Chicago and vicinity early this morn
Ing, doing damage in one of the
suburbs, where big trees were uprooted
and buildings demolished. One street
car was struck twice by lightning, re
suiting in panics, in which passengers
were trampled and battered, but no
one was killed. Another streetcar was
Ft ruk but the bolt slipped off and
struck down a barber standing in his
door opposite the moving car.
The storm worked especial havoc
Norwood Park, Edison Park and Nor
mal Park, fashionable residence dis
triets. and extra forces of police
men were hastened out to keep
People-off the street, which were
tangle of 'trees, parts of buildings and
live electric wires. All of these suburbs
were in darkness during the night. A
holt of lightning struck the residence
of George Simons, hurling Mrs. Simons
nnd her daughter out of bed and set
tng the house on fire. - The uncon
scious woman and her daughter were
rescued by neighbors.
Two Men Driven Insane.
In Peoria, III., a militiaman and
giant Kentuckian, visiting there, went
insane from heat and ran amuck i
different parts of the city, injuring
r number of people. At Hagerstown,
Mci., a cloudburst Inundated many of
Torpedo-Boat Stops Attack on Ger
mans in Xeutral Waters.
BERLIN, July 25. (By wireless to
Sayville, N. Y.) An attack on German
merchant vessels by Russian destroy
ers, alleged to have taken place within
Swedish territorial waters, is reported
by the Overseas News Agency in
statement today which says:
'Two Russian . destroyers attacked
four German merchant steamers at the
entrance to the Port of Laillea, within
Swedish waters. The Swedish torpedo
boat Virgo steamed toward them and
the Russian craft fled southward, pur
sued by the "Virgo, which, had made
ready for action. The Swedish Govern
ment has protested against this breach
of neutrality."
SWEDES CHASE RUSSIANS
Victims of Cleveland
Disaster Are 22.
12 TRAPPED MEN ABANDONED
Federal Officials Have No
Hope of Saving Lives.
EXPLOSIVE GAS MENACES
Accident Is Attributed to Faulty
Electric AViring City, County,
State and Federal Investi
gations Promised.
CLEVELAND, July 25. Federal of
ficials investigating the waterworks
tunnel disaster which cost 22 lives
late today ordered all attempts to
reach the bodies of 12 men imprisoned
in the tunnel abandoned until tomor
row.
Retailers Say Unless Something Is
Done Americans Will Go Bare
' foot In Two Years.
CHICAGO. July 25. (Special.) 'This
country Is in the throes of a leather
famine. Unless the world develops a
substitute for leather within two years
America will be the next 'wooden
shoe' Nation. Shoes will cost $10 a
pair, high-legged boots will be a luxury
beyond the reach of all save million
aires and the people will wear wooden
shoes, sandals or go barefooted."
These were' declarations ma eke by
delegates to the Shoe Retailers' Asso
ciation at Hotel LaSalle today. It was
the first annual session and grew out
of the necessity of organizing shoe
dealers to meet unprecedented condi
tions of famine and arrested supply,
both now and in the future.
R. W. Ranney, president of the asso
ciation, said: .
"Few Americans are aware of the
extent, of the embargo placed against
shipment out of subject countries by
the allies. Our supply of cattle has
been reduced almost-to the vanishing
point."
Son-in-Law Is sA s
In-
FRAUD CONSPIRACY CHARGED
FIRST CARS PASS UMPQUA
Express , and Baggage Are Taken
Over Partly Completed Span.
MARSHFIELD, Or., July 25. (Spe-
This action was taken because tests ! cial.) The first through car passed
COUPLE KILLED IN AUTO
Letters Indicate Projected Visit to
Daughter in Bend, Or.
DENVER. July 25. (Sprecial.) Mr.
and Mrs. W. Y. Waugh, of Coldwater,
Kan., were killed when a Denver &
Interurban car and their automobile
were In collision on a grade crossing
nine miles northwest of Denver today.
Letters found indicate that they were
en route to Bend, Or., to visit a mar
ried daughter. Pearl, whose full name
is not mentioned.
Witnesses said that Waugh was ra
cing to cross the track ahead of the
interurban. The bodies were hurled 25
feet after the impact, Mrs. Waugh be
ing killed instantly and her husband
living only 12 minutes.
of the gas through which the rescuers
had to pass showed that it was highly
explosive and the officials feared a
second explosion. An attempt, will be
made to pump out the gas so that the
work of recovering the bodies may
progress.
All hope that any of the 12 men
trapped in the tunnel are alive has
been abandoned. Ten bodies, those of
members of the two rescue parties
which tried to reach the doomed men
but themselves succumbed to the dead
ly gas, are in the morgue. Eight in
ured men, also members of the res
cue parties, will recover.
Four Investigation to Be Made.
Four Investigations, city, county.
state and Federal, will be started to
morrow to determine the cause of the
gas explosion near the five-mile crib
end of the tunnel last night which en
tombed the 12 men and released the
gas which overcame the two rescue
parties.
The efforts of Gustav C. Van Duzen,
superintendent of. waterworks con
struction, and the members of the two
DRYS ARE AHEAD IN TEXAS
Ex-Governor Colquitt Leading
Senatorial Nomination.
for
DALLAS, Tex., July 25. Complete
returns from 228 counties from Satur
day's Democratic primary election on
the proposal to submit a constitutional
amendment for state-wide prohibition
showed: For 146,394; against, 142,618
In the Senatorial race ex-Governor
Colquitt contained to lead his nearest
competitor. Senator Culberson, by 25,000
votes. Culberson was ahead of Dr. S.
P. Brooks by about 8000 votes.
The majority for Governor Ferguson
seeking renomination over C. H. Mor
ris, will probably not reach " the ex
pected 100,000. Returns at noon today
placed it at 62,000.
MINERS ARE TO RETURN
Calgary Conference Considers Issue
of War Bonus Thursday.
FERN1E, B. C., July 25. The Fernie
coal miners who went on strike yes'
terday decided today to return to work
tomorrow morning, pending negotia
te streets and caused a restaurant to tions for the settlement of the war-
collapse, killing three persons.
The heat was also reflected in the
epidemic of infantile paralysis. There
were deaths in Illinois. Iowa and Col
orado, and the epidemic has appeared
in Wyoming and South Dakota, in
dicating its spread across tho conti
nent. Temperatures are high in Iowa and
other big corn states, ,and fears for
the crop are felt by farmers. The heat
In the Northwest is also spreading rust
In the wheat.
EPIDEMIC STILL RAGING
Federal Health Officers Increase
Efforts to Prevent Spread.
NEW TORK. July 25 Efforts of the
Federal health service to prevent, if
possible, the spread of infantile pa
ralysis to cities and towns outside of
I New Tork were strengthened today
when an order was issued that no child
IS years old or under be permitted to
leave New Tork without a certificate
from the Federal surgeons.
The number of deaths and new cases
Increased during the 24 hours ended at
10 o'clock this morning. During that
time 38 deaths and 150 new cases were
reported from the five boroughs of the
city. There have been 647 deaths and
309S cases in the city since the begin
ning of the epidemic a month ago. In
the state outside New Tork City there
have been 26 deaths and a total of 254
cases.
bonus dispute. The negotiations will
begin at Calgary on Thursday.
The trouble has been brewing for six
weeks. The miners demanded an in
crease of 10 per cent as a war bonus,
but the employers offered only 5 per
cent to become effective immediately
and 2H per cent later. Wbile the prin
ciples have long been debated the
strike was a surprise.
POLES THANK AMERICANS
Support for Independence Move Is
Expressed Hope.
THE HAGUE, via London, July 25.
The Polish Bureau today informed the
Associated Press that the Polish dele
gates to the Congress of Nationalities
at Lausanne, Switzerland, have sent a
cablegram to President Wilson, thank
ing the American Nation for the action
begun to succor the economic misery
in Poland.
Hope is expressed that the "sacred
watchword of liberty and independ
ence for Poland will find a ready echo
in America."
Brussels Fined for Celebrating.
AMSTERDAM, via London, July 25.
A fine of 6.000,000 marks has been Im
posed on the city of Brussels for cele
brating the Belgian national festival
last Friday, according to the Echo
Beige
GOVERNOR FREES RESCUER
Arkansas Executive Pardons Xegro
.Who Saved His Life.
LITTLE ROCK, Ark.. July 25. When
Governor Hays today gave Hezekiah
Porter, a negro, a pardon from his 21
years' sentence for manslaughter im
posed in 1909, he revealed a story of hi
own escape from drowning at the state
penal farm at Cummins, six weeks ago.
The Governor was fishing when the
boat in which he was sitting capsized.
The negro rescued him from the deep
water.
over the Willamette-Pacific bridge at
Reedsport today, when express and
baggage cars were taken across the
bridge and attached to the trains .head
ed north and south.
The bridge, which spans the Umpqua
River, is not completed, but Improving
service will be . given until about the
first of next week, when through train
service will be inaugurated.
MR. BORAH GIVES UP HONOR
Senator. Sherman Will Notify Mr.
Fairbnnks of Nomination.
WASHINGTON. July 25. Senate
Lawrence Y. Sherman, of Illinois, today,
was chosen chairman of the Republi
can i committee' which will notify
Charles Warren Fairbanks August 10
of his nomination for the Vice-Presidency.
'
Senator Borah, who had been
selected, will not be able to make the
notification speech owing to previous
engagements.
Illegal Use of Mails Is Spe
cific Accusation.
FOUR OTHERS INCLUDED
About $200,000 Alleged to Have
Been Collected on Promise of
Slaking Land LocationsMore
Indictments Expected.
SAN FRANCISCO. July 25. (Special.)
Eight persons were indicted today by
the Federal grand Jury in the ao-called
Oregon land fraud case on the charge
of conspiracy to use the mails to de
fraud. Those named in the true bill
are:
S. ' A. D. Puter, timber locator, Ber
keley, with offices in this city. New
York -and Washington.
H. D. Puter. Berkeley, son of S. A. D.
Puter.
W. S. Puter, Berkeley, son of S. A. D.
Puter. '
Alan McEwen. San Francisco, son-in-law
of S. A. D. Puter.
W. L. Murray, timber locator, Mon
treal. J. L. Van Wormer, real estate dealer,
Fresno!
A. L. Baker, retired, farmer, Kerman.
Franklin P. Bull, attorney, of this
city.
The indictment Is a sequel to prose
cutions in Portland and in this city
by United States Attorney Reames, of
Portland. ' The investigation into the
alleged frauds began two years ago.
More Indictments are expected.
S. A. D. Puter. who served a sentence
in 1906 in Oregon for conspiring to
take land from the Government, is al
leged by the Federal officials to have
been -the leader of the men Indicted
today.
About 8200,000 is alleged by Govern-
Germans on Private Yacht Have
Scare Inspection Apparently
Satisfies Visitors.
NORFOLK. Va... July 25. Pilotless
and without warning to United States
officials, one of the British cruisers
lying off Cape Henry awaiting the
appearance of the German submarines
Deutschland and Bremen steamed
through the Virginia Capes early today.
proceeded to the vicinity of Fortress
Monroe, anchored for an hour or more
and then returned to a point just out
side the three-mile limits.
The Unite 4 States warship Louisiana
and the collier Neptune were the only
Government vessels which sighted the
ship. Authorities here said that while
the entrance to American waters with
out warning was unusual, they could
see in it no violation of international
law.
How long the cruiser remained in
side the Capes has not been determined,
but is thought to have been not more
than two hours. Members of the crew
of Mrs. Clara Baldwin Stoeker's yacht
California, saw her about half a mile
out from the American shore shortly
before 5 o'clock this morning. She
came within a .few hundred yards of
the California and gave several German
members of the yacht's crew a fright.
Fearing that the craft was to be
searched the Germans retreated into
the hold.
ADDarentlv the commander of the
ruiser was satisfied with his investi
gation of the Lower Chesapeake, for to-
ay the ship drew away from the shore
U-LINER IS STILL IN PORT
Right of Owner toShip
in Quantity Asserted.
(Concluded on Page 2. Column 2.)
PHOTOS SHOWING PORTLAND WOMAN, VICTIM OF BOMB EXPLOSION IN SAN FRANCISCO, HER
HUSBAND AND TWO CHILDREN, WHO WERE WITH HER, BUT WHO ESCAPED INJURY.
w - , - , i ' ;- -v
Vv ' ' i"L 'Y
9$r' ?
rescue parties to reach the men im
prisoned by the explosion without gas
helmets or pulmotors resulted in the
increase in the death list. A third
rescue party equipped with the safety
devices entered" the tunnel late, today
and recovered the rescuers. 10 of whom
were dead. Van Duzen wm among
the rescuers who were revived.
Knrnrra Encounter Difficulties.
Headed by D. J. Parker and L. M.
Jone. of the United States Bureau of
Mines, who arrived here from Pitts
burg with the mine rescue car, the
third party of rescuers penetrated 200
feet into the wrecked tunnel from the
crib end. Five men were with two
experts, and even equipped as they
were vlth the gas helmets they found
difficulty in making their way, so
heavy was the gas.
Parker and Jones, after consulting
with Water Commissioner Jaeger, who
had made several trips into the tunnel
and had made tejettt of the gas. de
cided that it was too risky to make
Clearance Papers Not Issued
Wireless Still Scaled.
BALTIMORE. July 25. At a, late
hour tonight customs officials said
clearance papers had not been issued
for the German submarine4 Deutschland.
Concerning her wireless apparatus.
which was sealed -Monday, it was said
the seals cannot be broken without
authority from Radio Inspector Cad
mus, who is out of the city, and will
not return until tomorrow..
(Coociuaed on Fag 2, Column 3.)
Above L. O. My more anil Hla T Children. YlrBriniai and Billy. b Es
caped Injury In the I.xploxion. Althiiush They Were Held In the Ann f
Their Mother -nil They Vtrbel the lreparelneK Parade,' lleio Mn.
Wjrraort, UbiM Leg,a Were Ilroken by tne liunb.
and
DECISION BY JUDGE MORROW
Basic Law Declared Inappli
cable in Oregon.
PROSECUTOR TAKES ISSUE
FERNALD NAMED IN MAINE
Portland Man Is Republican Noml-
nee for Senator.
PORTLAND. Me.. July 25. The nomi
nation of Bert M. Fernald. of Portland,
Republican candidate for United
States Senator at yesterday's special
primary, was indicated by returns from
all except 15 small towns and planta
tions.
The totals were 8926 for Fernald and
8t48 for Representative Guernsey, of
Dovi r.
District Attorney i:aus lcter
m in oil to Ciet Highest Author
ity nnd Feels Lower Courts
Should Vphold Statute.
Restrictions as to the amount of
liquor which persons in Oregon may
receive from outside the state every
four weeks are in danger of being
swept aside.
Sections of the Oregon dry law regu
lating the importation of liquor and
alcohol Into the state are nullified, in
the opinion of District Attorney Ev
ans, if the decision of Circuit Judge
Morrow yesterday in overruling the
demurrer to the complaint of Wadhama
& Co.. against the San Francisco &
Portland Steamship Company remains
in force or is upheld by higher courts
on an appeal.
Two-thirds of the Prohibition I .aw
Is wiped out by this decision. said
Mr. Evans, yesterday. "The state Is
not a party "to the suit and any ap
peal from the ruling must bo male
by the steamship company.
Judge Morrow's decision holds that
the provision of the dry law limiting
the right of importing large quanti
ties of alcohol to wholesale druggists
is in direct violation of the Interstate
commerce clause of the United States
Constitution. Any manufacturer, genu
inely In need of alcohol in wholesale
quantities, may import as much alco
hol as he desires for .nanuracturing
purposes, maintains the jurist.
Import Limit Knoeked Oat.
Possession of the alcohol by the man
ufacturer not being unconstitutional, it
Is unconstitutional to nrohibit him
from importing it, ruled Judge Mor
row. That being the case, it follows that
as the possession of Intoxicants Is not
unlawful for the individual, no matter
what the quantity, the restriction of
the amount received by him to two
Quarts of whisky and 24 quarts
DR. AKED QUITS MR. FORD
Minister Vnable to Persuade Chief
to Change Peace Plans.
DETROIT, July 25. Dr. Charles F.
Aked. formerly of San Francisco, today
announced his resignation as chairman
of the American committee to the Ford
neutral peace conference in Stockholm.
The announcement was made after
an hour's talk with Henry Ford here,
in which Dr. Aked said he unsuccess
fully urged a change In the peace plans.
INDEX OF TODAY'S NEWS
The Weather.
YESTERDAY'S Maximum temperature, 67
degrees; minimum, 33 aesrees.
TODAY'S Partly cloudy and occasionally
threatening weaiaer; norxnwesteriy
wind.
War.
German doctors doing effective work with
army. Page 8.
Official reports.' Pag 3.
Brttlsti and Germans fighting hand to hand
for possession ot rozieres. fago -
Kaiser resents use of hyphen in America.
Fag 3.
Foreign.
Irish situation viewed by British press
critical. Page S.
Detroit scout is Portland visitor. Pago 10.
California star eliminated In tennis tourney.
'Page 10.
Mexico.
Troop A to more, probably o camp near
Death valley. Page .
Lighter clothing allotted troops at Calexlco.
Page 4. ,
National.
War xepartment -to muster out students In
National Guara in time for school.
Page 1.
Wilson to Insist on full naval programme.
Page z.
lomestie.
Many children perish in Eastern heat wave.
Pags 1.
Ten rescuers added to death list in Cleve
land terminal disaster. Page 1.
Expert says bomb explosion in San Fran
cisco may have been accident. Page 2.
S. A. E. Puter. two sons, son-in-law and
four others indicted on fraud cftarges.
Page 1.
Pnrlfie Northwest.
Church unity discussed at University of
Oregon conference. Page 6.
Sports.
Pacific -Coast League results: Oakland 2,
Vernon 1. Page 10.
Miss Harris M'. Is new pacing queen.
Pag lO.
Beavers to clash with Seals today. Page 10.
Paul Clyde to compete In San Diego meet.
Page 10.
Crippled Yankees easy for Chicago. Page 11.
Commercial and Marine. -Record
prune crop In Northwest Is quarter
said. Pags IS.
Cooler weather gives Chicago wheat market
setback. Paga 10.
Portland and Vicinity.
Judge Morrow rules that limit en liquor
shipments is Illegal. Page 1.
Dry-law decision will be appealed. Page 9.
Weather report, data and forecast. Page 15.
Grade tangle encountered at Sixtieth street.
Page 7.
Merchants now are helping movie men in
fight. Page IS.
General Bell urges business men to prepare.
Page 8.
Portland starts campaign to secure new
rural credits bank. Paga 11.
Bishop Hughes to arrive tonight. Pag 11.
Oregon Pythian sisters gather for conven
tion. Page &
24 quarts of
beer a month must be unconstitutional
also," commented Deputy District At
torney Arthur Murphy, who repre
sented the state in the case, by invi
tation, yesterday.
The Webb-Kenyon act. which was
relied upon by the state In arguing
the case, and which the law-makers
had in mind in drafting the present
dry law. cannot touch the Oregon case.
t is held by Judge Morrow. This act
is phrased to prohibit the importation
of liquor or alcohol for use in violation
of the law. The personal use of liquor
Is not prohibited, and not a law viola
tion, in Oregon. The Webb-Kenyon act
is held to apply only to states where
prohibition is absolute, and the un
denied. f
Webb-Kenyon Act I.es Power.
The Oregon law was based on the)
assumption that the Webb-Kenyon act
makes the manner of receipt of liquor
into the state subject to state regula--tion
divesting Intoxicants of their in
terstate character if received unlaw
fully. Judge Morrow asserts that his ruling
follows the decision of the United
States Supreme Court In the case of the
Adams Express Company against the
state of Kentucky.
A logical outcome of the decision, if
upheld, would be the unrestricted im
portation of liquor and alcohol though
the prohibition law would still pro-,
hlbtt the manufacture and sale of in
toxicants within the state.
Wadhams & Co.. wholesale , gro
cers, manufacture flavoring extracts,
for which alcohol in large quantities
is needed. The firm objected to paying
Portland wholesale drug firms a com
mission on its purchases, preferring to
buy from California direct. When two "
I arrets c f alcohol arrfved In Portland
by boat, the San Francisco & Portland
Steamship Company refused to turn
them over to Wadhams & Co., fearing
law violation.
v Carrier's Demurrer Overruled.
The action was filed by Wadhams
&. Co., in an endeavor to obtain de
livery of the alcohol. The complaint
was demurred to on the grounds that
the alcohol could not bo delivered,
legally, to the wholesale grocers. This
is the demurrer that was overruled
yesterday.
"Should the steamship company, fol
lowing the decision of Judge Morrow,
turn the alcohol over to Wadhams &
Company, I shall lay the matter be
fore the grand Jury immediately," as
serted District Attorney Evans. "If an
indictment is returned, the case will go
at once to the Circuit Court. If the
state loses, the caae will be appealed
to the United States Supreme Court, if
necessary, for the constitutionality of
the most important provision of the
dry law is Involved."
It is understood that the steamship
company has offered to appeal the
case to the State Supreme Court, if it
is the wish of Mr. Evans. This would
bring a decision of a higher court
without the state actually appearing as
(Concluded on Paga a. Column L)