THE SUNDAY OREGON IAN, PORTLAND, AIMt!L .", 1V08.
'7
SENATOR FULTON
SUED FOR SLANDER
J. S. Smith, of Salem, Alleges
His Reputation Has
Been Damaged.
TREATED AS HUGE JOKE
I'll I if hi I a lift hs After Vapors Are
Senccl on Him AVIien Leaving
Oprru-Hou.4C SmltJt Coniwct
cl With Holri-Vp Session,
SALi:M. Or.. April 4. (Spf-rlal.)
Trill'! States Senator C. W. Kulton Is
d fondant iti a lr,O00 damage suit
hroiifcht apalriHt him by J. S. . Smith,
who Hllrps that Kulton slandrrd him
in lit 8 address at the opera house to-
lllffht.
Thr papT were served upon Fulton
aw hr i-mrrfffd from thr opera Iioufp.
iiftf r thr meeting and It la apparent
tltnt Smith had planned to hrlnj? thr
suit and merely awaited the delivery
of the Mpeerh which would furnish the
nsls for the suit.
Smith is the man who nuide affidavit
t hrt t Senator Fulton participated in the
iie;ftMntlori.s which endd in Smith receiv
ing $1Vmi from Sfiiator Mitchell during the
Imht-iip MFslon of the I j pi si attire In 1W.
l'ulton ha repeatedly denied th.-it he hud
anything to do with that transaction, and
In his speech tontRht he declared that the.
Smith affidavit whs ralae in this particu
lar. This assert ton on Pultons part Is
made the hasis of Smith's suit, the latter
nll'-Riiii? that Kulton hn s accused him of
I'frju? v. t Iiiih injur I uk his reputation. I4.
H. McMa lian tj attorney frr Smith.
When asked tonight what he had to
say concern inn the suit. Senator Iilton
In itched uproariously and when he recov
ered his comiosur replied:
"It Is nonst-nse, the sheerest nonsense.'
In his speech tonight Senator Kulton
covered about the. same ground lie has In
previous addresses in cities In Southern
Orepou. It', handled Smith a little less
roughly than he has In some of hfa ad
dresses. Among other things he re
marked that Smith, though elected to
the Legislature of 1SJ7, did not become a
member of that body, for the reason,
prohahtv. that he ran up against a pile
of coin so big he couldn't get over it.
Speaking of. pledges on United States
Senator he tald that a Republican
voter's 'choice pledge means practically
the Kamc. thing as a Statement No. I
pledge, for It will have, the same result.
Me said that his interests would be
served by candidates signing Statement
No. 1. for he feels confident that lie
will be nominated at the primaries and
elected by the people In .1 une.
The audience comfortably filled the
opera house. II. B. Th (risen presided
and introduced the speaker.
Il KFt TOISS AHK ELECT KU
Annua! Meeting; of Waler-Csors at
Klu mat i Heroic! of Interest.
KLAMATH FALLS. Or.. April 4
( Special.) The ;uuiunl meeting of the
Klamath Water I Vers' Association, held
today, elected as directors for the ensuing
year Alexander Murtln. Jr.. O. A. Stearns,
R. 11. Anderson. W. C. Dalton. J. G.
Stevenson, K. R. Williams, John' Ir
win, James IMxon and James Itueck.
The board organized this evening by the
election of Alexander Martin. Jr., presi
dent; Jacob Kueck, vice-president, and
Claude f i'hastain, secretary .
The meeting was not largely attended
a nd was devoid of extended discussion.
Kngtneers of the reclamation service con
ferred with the directors relative to the
work to be carried forward this year, and
an active season of construction is
mapped out. including probable work on
the Clear Lake dam and on the various
canals for distribution of water. Owing
to the small representation of the stock
holders, action on the proposed amend
ment to tho bylaws was deferred and the
meeting was adjourned to June 6. when
the amendment will be voted upon.
WOMEN' W AN T MOKE WAGES
Tacoiuu Tcnclirrs to Petition Hoard
for More I'ay.
TAt'OMA. Wash.. April 4. ( Special. )
, - At a secret meeting Wednesday of
the women teachers of the high school
faculty It was decided to petition the
heard of education for an increase in
salaries to the same basis as that
granted the men. Not all the teachers
favor the plan, but those who do and
those who do not will never he known,
since the petition will go unsigned to
the board at Its meeting next Wednes
day. Tho petition recites that the
womeh teachers work s hard as the
men. to put It mildly: that their year?
of preparation have cost s much and
that their work is as effective. No
teacher could be found today who
would discuss the matter.
IIES!; TO GET MOKE SALARY
Sea 1 1 le lou nell nie n Will Be Ke-
cleHed at Onee, Honever.
SKATTLK. Wash., April 4. (Special.'
Frank P. Mullen and F. 11. Hurd. the
only two holdover members of the Seattle
t 'ity C ouncil, are expected to tile their
resignations with that body at the rogiv
lar meeting Monday night. The ('oun-
il wtll immediately re-elect them. At
the citv election last Monday, when all
but these two members of the, Council
were elected or re-elected, a charter
intendment was ca rrled increasing the
salary of Counctlnun from $75 to $125 a
month. The charter provides, however,
that no officer's salary may be increased
during his t-rm. Their resignation and
re-election is recommended by the com
mittee as a way out of the 'difficulty.
Makes Address on Temperance. "
lUihl'IAM. Wash., April 4. (Special.)
t'ott rill addressed a fair-sized but not
o er-enthusiastie audience tonight In the
Iloqulam Theater in behalf of temperance.
Apprehension that ltterrill had been im
pel ted to Invade the present municipal
struggle proved unfounded, the speaker
jdrnply advising his audience to vote for
men who would most insistently combat
the saloon element and attendant evils.
A resolution was Adopted at the meeting
that no nmn be supported for the State
Legislature who would not further local
option in the State of Washington.
Hubert Thomas Bcattie.
OK BOO V CITY, Or.. April 4. (Special.)
-Itobert Thomas Beattie died here last
t.ight at tho home of his daughter. Mrs.
Sehuebel. aged SO years, 6 months and
inys. He was born in at Sparat,
lit.. living on the home farm until 1S,6.
when he moved to Conav. Kan . where
he remained three and one-half years.
and came to Oregon City October 2, 1SS9.
He was postmaster at Kly for three
years, but during the last five years had
made his home with his daughter. Mr.
Reattie is survived by the following chil
dren: James H.. of Taooma, Wash.;
Robert S.. of Salem. Or.; John Elmer, of
Conway. Kan.; Walter IX, of (?apron.
Okla. ; W. Gilbert, of Sitka. Alaska, and
Mrs. Agnes Senuebl. of thfs city. De
ceased was a member of Parkplace
Orange. Patrons of Husbandry. His
funeral will be held from the First Pres
byterian Church tomorrow afternoon.
, Hold as a Horse Thior.
COP. VA LI-IS. Or., April 4. (Special.) A
man giving the name of Jamf? Trail
was arrested six miles west of Phiiorrmth
this morning by the Sheriff of Washing
ton County, and passed down the West
Side at noon, en route to Hillsboro. He
is eharged with the theft of a horse from
some party In Hlllshoro. The horse, was
hrought to this county and sold to Ben
Uratton. residing near Pttilomath.
Jiiiiichcr Dragged to Death.
PHNbl.K.TON. Or., April 4. (Special.)
Fritz Kllenburg. a young rancher
living in the southern part of the
county, was killed this morning by be
ing thrown from his saddle and
dri-gged a great distance with one foot
caught In the stirrup. Ills neck and
both legs were broken. He was alone
at the time. Kilenburg was about 25
years old and unmarried.
Drowned In Spokane Itlver.
9POKANK. Wash.. April 4. (Special.
I-ate tonight an unknown man, a team
and wagon were precipitated over a high
embankment Into the Spokane River in
U ho Death. 1 a roll 31, Knrled
S Venra Spent In Vnmhlll
County.
tho northeastern part of the city. On
account of high water they were ewept
down stream and were not recovered.
DECISION TO BE WELCOMED
HAIMIV FHRCHILD DISCUSSES
MINNESOTA RATE CASE.
Says It Permits Railroad lo Choose
Court to Test Validity or the
Commission's Order.
OI.VMPIA. Wash., April 4. (Spe
cial. ) t-larry A. Falrchild, chairman of
the State Board of Control, has given
out an interview In which he explains
the effect the recent decision handed
down by the Cnlted States Supreme
Court in the Minnesota Railroad Com
mission cao has upon tho Railroad
Commissions of the various states. Mr.
Kairchlld said:
The Important question before the
eourt was whether the action, in the
I'nited States Circuit Court .to restrain
the Attorney-General and Railroad
Commission of Minnesota from at-tf-mpting
to enforce the legislation re
ducing the passenger fare to 2 cents
per mile, the maximum rate law passed
by the (legislature in J 907. and the
order of the Commission fixing the
rate, in September. 1906, was in effect
an action against the state, und there
fore inhibited by the eleventh amend
ment to the Constitution.
The court held the action not to be
against the state and that the Federal
Court had jurisdiction to Inquire into
the justness and reasonableness of the
legislation nod orders, and. finding til's
same unreasonable, to enjoin the state
officers from enforcing tho same.
The . contention of Mr.. Young- was
that an action against him as Attorney
General to restrain him from testing
the const i tut ion a lity of the legislation
In the state i-ourts was. In effect, an
action against the states and that the
remedy of the railroads was in set up
the unreasonableness of the legislation
and" order in a state court and test the
same in' the 'nlted States Supreme
0urt by writ of error from the deci
sion of the state court.
There was no contention but the
final arbiter was the Cnited States
Supreme Court. The dispute was over
the procedure or manner of getting
there. This decision pets at rest this
much -disputed question, it permits the
railroad to choose Its forum, through
the state or Federal Court, to test the
reasonableness of any order of the
( omm Ission. . Apart from Its effect
upon the sovereignty of the state and
the original jurisdiction of the Federal
Court, no new rule or principle Is an
nounced affecting railroad Jpgislation,
either directly by the Legislature or
through a commission. That the rea
son a V Ion ess. of an order fixing rates
cither by direct legislation or. through
a commission Is eminently a question
for judicial investi gat on has been un
ci tics t toned since the decision in "rail
road commission cases" in 1 SS5.
1 can not conceive how the ra ilroad
com m ission law of Washington is af
fected by-having it finally settled that
the railroad can test the reasonableness
or justness of an order of the Commis.
i Ion in the Federal Court In the first
Instance. We have equal confidence in
the integrity and learning of our Fed
eral a nd state courts. 1 f an order is
reasonable and just, either court will
so hold: if unreasonable it will prompt
iv protect1 the railroads from its un
just effects.
Our law Is not open to the objection
of excessive penalties urged against
the Minnesota law. Tn ease a railroad
i ompany desires to rWiew any order
of ihe Commission, section 3 of the
act expressly authorizes the court tu
Its discretion to suspend the operation
of the order pending the litigation.
This would apply equally to the Fed
eral Court. The exercise of this dis
cretion bv the court prevents any pen
alties accruing pending the litigation.
From the viewpoint of the Com
mission there is nothing in the. deci
sion t hat should not be welcomed, as
Its only effect is to set at rest the
much-vexed question of jurisdiction and
procedure. -
X $4' tot in Evanston is the equal of
a lluW) lot in many parts of the town.
See it today (Sunday). Take the "W Y"
car.. The Spanton Company are the sole
agents.
Metsger. Jeweler, optician, 34 Wash.
-- .
OMVKIt HARMON ADAMS. j
I
in I
t f; ; - - . j
vw mm m
7 VUaMHMMMikiiMGMiMMari i
Y BILL REftDYi
Senate Committee - Increases
It by About $15,000,000.
TOTAL NOW $100,000,000
ItfiH!. Added o 'Appropriation In
clude $7,000,000 for Enlarged
. Pay - and '$5,000,000 for the
- Transportation of Troops.
WASHINGTON.' April 4. The Army
appropriation bill was .completed by
the. ' Senate committee on military
affairs today and will be reported to
the Senate on Monday. It will carry
about $1 5.000.000 more than was pro
vided in the bill as it passed tho House,
making a total of approximately 10.
noo.000. : An item of about $7,000,000
was Included to Increase tho pay of
the Army, revenue cutter service' and
marine corps. but excluding enlisted
men pf the Navy, in accordance with
the provisions of the bill which1 wae
passed by the Senate.
For joint maneuvers of the regular
Army and the' organ lzed militia $1,000.
000 is provided. An Increase of about
$5,000,000 has. been ,naade In the appro-"
prlatioh for transportation of troops
and purchase and repair of ships to
be used as Army transports. The Items
for enlargement of Army hospitals,
amounting in all to about $i!6r.00O,
which were struck out of the bill' In
the House, wei"e restored.
The Mouse adopted an amendment
which would bar officers of the regular
Army from taking " part in the annual
rllle contests, and the Senate committee
struck this out.
The fncri-ased appropriation for the pay
of the Army is .made necessary by the
fact that the-committee added an amend-,
nient providing for general enlargement
of the pay of officers and enlisted men In
all branches of the service except en
listed men of the Navy, including the
revenue cutter service and the marine
corps. This change' necessitated an ad
dition of money sufficient to pay. not only
the Army, but the other branches of the
service.
It is understood' the men of the Navy
will be taken care of In an amendment to
be offered by Senator Hale.
POWER TO It ir Tift CANAIj ZOXE
KxreveR Tells Congress Source of
, Tils Authority.
WASHINGTON, April 4. President
ltoosevelt snt a brief message to the
I louse In answer to the resolution In
quirlnpr by what authority he hat- exer
cised the functions of urovernment in
the Panama Canal Zone since the
Flf ty-eisrhth Congress, or by what
rig-ht the legislative, executive and ju
dicial functions in the zone have been
performed since that date. The mes
sage follows:
Civil government has ben maintained 'In
th Canal Zone under my direction pur
suant to the authority conferred on me by
the treaty between the United States and
Panama concluded November IS, w:i, and
the arts of -congress approved June 28, 1002;
April 28. "!04: Marh :j, 10O.1; December 2,
IH05: June no. 06: March 4, tl7. by
which the riffht to maintain civil govern
ment In the - Canal. Zon was granted the
I'nited States, the duty to maintain It was
imposed upon the president and its means
for maintenance were from year to year ex
pressly and specifically appropriated by
Congress.
Still Expects' to Wipe
Bull Run Oil Map
FmneU I. MrKenna Ready' to I.enre
C hoice of Snme to Jury of 2ttOO
C'ltfKena.
IF" PATHFINDERS, pioneers and dis
coverers generally do not behave
when they name rivers and mountains
and other things they chance to dis
cover, they will have the initiative in
voked and names will be charged
whenever later and wiser generations
wish. Just because earliest comers see
a river first, that is no reason they
have the right to give It a perfectly
disgusting name, argues Francis I. Mc
Kenna, of the Initiative One Hundred.
Furtheremore. when the elections are
over, he will circulate 2600 postal cards
asking an expression from that numher
of people on what name they consider
best suited for Portland's water supply,
now known by the common and vulvar
caption of Bull Hun..
Mr. McKenna will choose his name
from the city directory, tnklng the lirst
100 listed under each letetr of the al
phabet. This big jury will he as 'ted
which is the best name, Bui 1 Run, or
Cascade. Cascadia, Hose City, Sacija
wea, Snow Line or Crystal. Or, if any
one can suggest an even mora Inane
and colorless name, let Itim come for
ward. Also, the $10 prize offered for
the best name for the malinged river
will be awarded as the result of this
vote.
This contest caused any number of
jokers to suggest freak names. , One
wanted Crawfish Creek, but to the
mind of Mr. McKenna the crawfish is
a dirty beast and the name was thrown
out. One suggested Sapollo Springs, as
suggestive of cleanliness, r but in this
case Sapolio did not hinc.: Beer Lick
River suggested a, wallow of wild ani
mals and wouldn't do at all. Bear
River was no better. In fact, it was
awful "hard to choose a name entirely
free from some unpleasant association.
li his advertising Mr. McKenna calls
it "Mount Hood water." This salves his
sensitive soul a bit. but he still loathes
the thought1 that the vulgar know the
stream by its old name.
It is understood that the next cam
paign of the Initiative One Hundred
will be to wipe Indian names off the
map. for it has been found that In
dians are lazy, dirty and possessed of
no single virtue that the white man
should emulate. Why, then, cling to
their names?
All of which shows that the business
of discovering should be brought up to
date. Discoverers should take a iist of
ladylike names with them when they
start out to discover anything.
TELEGRAMS J30ILED DOWN
I.os Angeles F. M? Kelscy has been ap
pointed receiver, of the . Citizens Savings
Hank f Lone-Beach. Gal.
WIHemstad. Curacoa Alejandro Durh
arme. Venezuelan revolutionist. Ims arrived
here. He tied from Castro's wrath.
Los Angeles Br the collaps of a scaffold
at Ely star. Prlt Saturday, seven city labor
ers were injured, two probably fatally.
Angeles Harriman officials announce
that extensive Improvements to ifan Pedro
harbor will be made by the Southern Paciftc.
Salt Ijke City The Injunction against
the I'nited States Smelting Company has
been modified to allow operation of lead
furnaces under restrictions protecting grow
ing crops.
J.,os Angeles Taking of testimony for the
Government In the Oregon land-fraud cast-s.
ba been llracrirally completed before the
commissioner. '
Washington The president bus tendered
1
FREE
BANKS
We are famishing without
any cost whatever our neat
Leather-Covered Savings Banks
to all interested in building np
a hank account.
Call at the savings window,
satisfy the teller you are acting
in good faith, receive a hank,
and, begin saving some part of
your earnings, a necessary re
quisite to success.
Merchants
Savings 6 Trust
Company
247 WASHINGTON STREET
i
Capital $150,099.09
Tewis llRmm,r!ing, of Wllkesbarre. Pa., a
p. if it ion on ttie proposed romiiilsiMnn to ln
vt'Mlgate labor conditions In the Canal .one'.'
1 Reno. Nev. . H. Day. personal repre
sentative of Cnvprnor Jnhnttoh, lias come
here to seoiire Ni nda's (If I neat Ion in t lie
democratic convention for the Minnesota
man. '
Manna. Wvo, ft In announced the t'nion
faeirtr. Coal Company's mine No. t. In whirh
are the corpses of seors of miners killed by
an explosion last weeV, will probably never
he reopened. t
Hun Francisco O. Wshop and .T. C. Gould.
Americans convicted in the t! tilted States
Court at Shaughii4 or rAtsslns; Confederal
money In China, have arrived here to serve
two years In San Quentin prison.
Mead vi lie. Pa. More than 100 uest at
th.' Iafayette Hotel were compelled to make
a hurried exit In their night clothe Hatur
diiy. when nr destroyed the hotel square,
Okuslng a loan estimated at glOO.iMiO.
New York. Justice James A, U'Ciorrnan.
of t lie Supremo Court, en gaffed In a hand-to-hand
fiKht with a giant negro, who had
forced Ms way Into th" O'jornian residence
for the purpose of burglary. The negro
wa arretted.
Iron wood. Mich. In order that ore under
its site may be mined by the Cnit'-d States
Steet Corporation the village of Sparta, on
the Msaha range. s to be moved to a
new site. McKinley and Ifihbfnc. other
mining towns, may be moved for the same
reason.
Detroit. Mich A man calling himself
George It. McKay, a carpenter from Denver,
has been arrested for swindling florists with
worthless checks. Tears flowing down his
checks, he would order floral designs for thu
funeral of his favorite daughter, pay in
cher-Us and t-'ikff chang(.
SAVE MONEY!
AVOID PAIN!
TEETH EXTRACTED FREE
When Plates or Bridges Are
Ordered.
FINE TEETH
WHY PAY MORE
Full Set, thpt fit..: $5.00
Gold Crown, 22 K .$3.50
Bridge Tpeth, 22K $3.50
(iold Filliu-s $1.00
Silver Fillings ;...50
Ten-Year Written Guarantee.
Lady attendant.
Oien evenings.
We keep busy doin good work
at these . prices. AVe have the
latest, most modern electrical ap
paratus for doing painless dental
work.
ELECTRO DENTAL
PARLORS
303V2 Washington- Street,
Corner Tilth,
Opp. Olds, Wortman & King's.
$5.00
Whatever You Do
9 Take the W. W. car and tell the conductor;, he will let you off there
it takes fourteen minutes from Third and Yamhill Streets to get there.
. Q It is a beautiful spot to build.
' 9 A full size lot is $400 $10 a month are the payments.
9 The agent is at Evanston air day today rcome out.
The Spanton Company
STILE
Is demanded of us..
We have worked so
earnestly and so
successfully tocre
ate a standard, that
men who find no in
terest in common
placeclotheslookto
us to supply their
needs. Their satis
faction is a foregone
conclusion we
meet the demand
by of f ering you
Alfred Benjamin S Cos
STYLISH SUITS
$25, $30, $35, $40
Select your Easter Suit while as
sortment and sizes' are complete
-Buf f um -& Pendleton
311 Morrison Street, Opposite Postoffice,
LAW
Now is the time to commence cutting:, your g;rass if you
wish to have a perfect lawn. We are prepared to take care
of your wants in the Lawn Mower line by offering- for your
inspection the most varied and largrest stock of Machines car
ried in the Northwest. There ar e none better made than the
GREAT AMERICAN BALL - BEARING MOWERS
GREAT AMERICAN SOLID CYLINDER MOWERS
The Great American is universally used by all. the best
gardeners of our City.
We recommend the STRATFORD and WIZARD as good
medium-priced, ball-bearing- Mowers.
Our lower priced Mowers consist of the following makes:
ACME, CADET and PORTLAND
H0NEYMAN HARDWARE CO.
N MOWER
Our special offer for this season is our
FAULTLESS MOWER, the best low
priced Mower on the market. It can
not be duplicated in price or quality
in this City. Our prices, are:
12-In.$2.35 14-In.$2.50 16-In.$2.65
-FOURTH AND ALDER
Today See
STS.
Ha nan snoes at Kosentnal'i
9