Pages 1 to 12 i VOL. XXVIII. NO. 34 HENEY MOST RUN US INDEPENDENT Prosecutor So Reads Primary Law. SPECIAL PETITION IS NEEDED Graft Fighter Will Make Sacri fice to Accept Office. CALHOUN IS ISSUE, HE SAYS Heney, Who Is Hunting In . Coast Range S5 Miles Below Newport, Supplies Statement to Orr Io nian on Bar City Situation. NEWPORT. Or, Aug. 21. (Special.) Francis J. Heney furnished The Ore gonlan a written statement today. In which he figures out that, according to the recent Supreme Court decision in California, he cannot accept the nom ination for prosecuting attorney on either the Democratic or Independence League tickets. "The only way In which I can become a candidate is by petition signed by a certain number of voters who did not rote at the primary election, requesting that my name be placed on the ballot as an independent candidate," says Mr. Heney. Mr. Heney has been nominated both by the Democrats and the Independ ence League, but California's new pri mary law forbids that a candidate ac cept nomination by two parties. Fur thermore, a candidate must be named by the party with whom he announced his affiliation at the primaries. Mr. Heney is registered as a Republican. Mr. Heney says he does not want the office of Prosecuting Attorney, but will. If nominated and elected, sacrifice his business Interests for the public weal In order to continue the war against the grafters. Petitions to this end will be circulated by friends of Heney, and the voters of San Francisco will have the opportunity to make a fight squarely on the graft Issue. "Calhoun and Graft" Is Issue. "The Issue has already been made Patrick Calhoun and his criminal asso ciates. There will be no escape from it," says Mr. Heney. Mr. Heney's state ment in full follows: "I know nothing about the result of the primary election in San Francisco except what I have read in The Orego nian of Thursday, which was Just handed to me by your correspondent. A new primary law was adopted by the last Legislature in California. The Su preme Court of that state has held it to be constitutional, but has given it a construction which prevents any candi date from receiving the nomination of more than one political party at a pri mary election. Moreover, the court held that a person could not be a can didate for nomination by any political party at a primary election unless such person had more than two years prior to such primary election registered and declared his membership In and affilia tion with the political party whose nomination he desired to seek at such primary election. Is Registered as Republican. "I registered as a Republican less than two years prior to the primary election which has Just been held, and consequently I was not eligible as a candidate for nomination by the Re publican party at the primary election. The electors who voted for me on the Republican ticket did so by writing my name on a blank line on the ballot with full knowledge that under the decision of the Supreme Court my name could not be printed on the ballot at the gen eral election as the Republican nominee for District Attorney, even if Ieceived the majority of the votes cast at the primary election by members of the party. The Democratic nomination was tendered to me by the Independent Democrats with knowledge of the fact that I am registered as a Republican. The Independence League nomination was tendered with the same under standing. "I would gladly accept both nomlna- Concluded on Pago-) ! - COMIC OPERA STAR SEEKING DIVORCE GRACE VOX STUDDIFORD SAYS Hl'SBAXD LEFT HER. Romance of Singer and Wealthy Man's Son Ends When He Is Un able to Support Her. ST. LOUIS, Mo.. Aug. 21. (Special.) Grace Von Studdiford, the comic opera star, now playing at the Delmar Gar den Theater in St. Louis County, filed a suit for divorce from Charles Von Studdiford at Clayton, the county seat of that county, this afternoon. Her petition was the briefest on record, say ing they were married in Chicago, April 27, 1897, and separated in May last year. Her only allegation Is that he deserted her and absented himself from her for more than a year. - She declined to discuss the case fur ther than to say there would be no scandal or sensation In it and that It would not be contested. Her husband, who Is a member of an old and wealthy St. Louis family, hav ing lost his fortune, has been a travel ing salesman more than a year. He re turned to St. Louis last night, went di rect to the Buckingham Club, spent the night there and left here at noon today for a business tour of Northern Illi nois. He fell in love with her when she, as Grace Qulve, sang a leading part In the Bostonians' production In a theater here, and followed her throughout the country. At the end of the season they were married, bought a beautiful home here, and entertained lavishly. His patrimony dwindled, and they moved Into a flat. Five years ago she returned to the stage. THREE THUGS WAYLAY MAN Unmasked Youths Hold Up Pedes trian and Glean $8. Three young thugs, evidently amateurs, held up and robbed E. Muhler, of 272 Baker street, at Third and Sherman street, at 1:15 o'clock this morning and made thoir escape. Muhler was walking home and when In the shade of a tree the three young highwaymen sprang at him. One of them had a revolver, and this was shoved into the victim's- face. None of the robbers was masked, but all three acted so quickly Muhler became confused and was unable to get a good view of any of Jthem. The only description he was aDie to give the police was that his waylayers were about 6 feet S inches tall, and were well dressed iln dark clothes, one of them wearing a straw hat. Acting Captain Keller dispatched the police automobile to the scene Immediately after the report of the robbery, but a search of the vicinity revealed no trace of the young highway men. LOVELORN FOLK NOW HAPPY Washington Marriage Law Changed and Simplified by Legislature. VANCOUVER, Wash., Aug. 21. (Special.) A new marriage law has passed both houses of the Legislature, which, if signed by the Governor, will soon make the receipts of the County Auditor of Clark County Increase sev eral hundred per cent for marriage li censes. The new law passed is practically the same as the old one, except that it does not require a doctor's certificate from the contracting parties. Those desir ing to be married will be asked to make affidavit before the County Auditor, or some notary, taking oath that they are not afflicted with the diseases men tioned in the previous law. The license will then bo granted. The fee will be $2 for the license formerly It was 3. However, the law provides that the Au ditor may charge 50 cents for the af fidavits. LEAVITT IS TURNED LOOSE Warrant for Extradition to Wash ington Held Invalid. LOS ANGELES, Cal., Aug. 21. (Spe cial.) Ralph J. Leavltt, the automo bile man, was formally discharged by Judge Davis upon a showing that the purported warrant from Governor Gll lett for Leavitfs surrender to the Washington authorities on a man slaughter charge was not a valid war rant from the Governor's office. Leavltt was charged with man slaughter at Seattle as the result of the killing of a streetsweeper by a ma chine in whlca Leavltt was a passenger a year ago. This warrant was shown to have been Issued by the Governor's secretary in the absence of the Gov ernor from Sacramento. SOME THINGS IN THE PORTLAND, OREGON, SUNDAY MORNING, . ... : i mm POUR AIRSHIP EXPLODES Explorer Travels Only Thirty-two Miles. BIG BALLOON A TOTAL WRECK Series of Accidents Culminate in Ruin of Dirigible. EXPEDITON DECLARED OFF Wellman and Companions Are Un hurt Dropping of Thousand Pounds of Freight initial Cause of Failure. CAMP WELLMAN, Spitzbergen, Aug. 15 (via Hammerfest. Aug. 21). Walter Wellman's second attempt to sail over the North Pole In a balloon has resulted In a failure. The giant dirigible balloon "America," in which Mr. Wellman and his party of three set out, proceeded about 32 miles from the starting point, when disaster overtook it. Mr. Wellman and his party succeeded In making a safe landing and returned to this point on board the steamer Fram, which also towed in the disabled balloon. Delayed Start Is Made. After a long preparation and waiting for favorable weather, the opportunity came today, and Mr. Wellman decided to make the start. It was 10 o'clock In the morning when the great. airship was brought out of its shed and the daring ex plorers took their places In the car. When the anchors were cast loose, the airship ascended beautifully, the engines were set in motion and everything seemed to work to perfection. The big air craft was manuvered. for come time and an swered the helm perfectly. Goes Only 32 Miles. Then Its head was turned northward, and it set out at a speed of 25 miles an hour. Suddenly, after having covered 32 miles, and when everything seemed to be going splendidly, the leather guide rope, to which was attached 1000 pounds of provisions and stores, broke away. The accident occurred just as the airship was nearing the pack ice of North Spitz bergen. Released from this great weight, the airship shot upwards at a terrific pace, until it was a great height above the clouds. The pilots succeeded, however, in bringing her down near the earth, turning her about and set out to fight their way southward against a strong wind. Tow-Rope in Use. The airship proceeded slowly southward to the edge of the pack Ice, where the steamer Fram was anchored. After much difficulty, a tow rope was gotten aboard the Fram, which started Immediately to tow the airship to Spitzbergen. The strain was so great, however, that it threatened to tear the car to which the rope was attached to pieces, and Mr. Wellman finally decided to bring the air ship down to the surface of the water. This was effected without mishap and the car rested on the surface of the water until all the members of the crew, the dogs and the scientific Instruments could be transferred aboard the Fram. The America was then towed back to the landing stage, and within a short dis tance of where the start was made. Big Bag Explodes But the Ill-luck of the expedition was not yet at an end. Just as the airship had reached the landing stage and every thinglooked favorable for Its rescue without serious carnage, a sudden gust of wind caught the big bag broadside on, and snatched it away from its tow lines. It was carried careening over rough ice hummocks for some distance and then It exploded. All the scattered parts of the airship were subsequently recovered, but the damage waa so great aa to preclude any further attempt to fly over the Pole this year. Defect In Leather, Says Wellman. Walter Wellman made the following statement with regard to his unsuccess ful attempt of yesterday to sail for the North Pole: "Had not the guide rope broken, we CURRENT NEWS AND OTHERWISE THAT STRIKE INDEX OF TODAY'S NEWS INDEX OF TODAY'S NEWS The Weather. YESTERDAY'S Maximum temperature, 73 degrees; minimum, 47.4 degrees. TODAY'S Probably fair; westerly winds. Foreign. Diaz send more troops north to check Reyes movement and may call off meet ing with Taft.' Section 1, page 3. Wellman's balloon blows up after flying; 32 miles toward North Pole. Section 1, page 1. City of Monterey, Mei., headquarters of Reyes party. In flames. , Section 1. page 3. Aviation week at Rheims to begin today. Section 1, page 2. Immense graft exposures at Montreal. Sec tion 1, page 4. Politics. Wisconsin politicians try to Involve Taft in La Foliette's schemes. Section 1, page 2. Democratic party in Lo Angeles Is sued and prove to consist of chairman. Sec tion 1. page 3. National. Taft confers with cabinet members ion amendment of Interstate commerce and anti-trust laws. Section 1, page 4. , Domestic Thaw's mother complains of ill-treatment at asylum and officials reply. Section 1, page 3. Incubator baby kidnaped from Topeka, Kan., for second time, but is discovered and kidnapers captured. Section 2. page 2. Four Indian girls from Haskell Institute captured while escaping to white slavers. Section 2. page 2. Grace Von Studdiford sues for divorce, when ex-millionaire husband deserts her. Section 1. page 1. Harriman'a secretary denies fake stories about wizard. Section 1, page 2. Harriman surveyors at work on line from Eureka to Portland. Section 1. page 1. Telegraph companies suspend new rules about codes in response to protests. Sec tion 2, page 2. Trans-MIsisslppi Congress asks for opening of mineral and farm lands in reserves and indorse Pinchot's administration. Section 1, page 2. Night of wild rioting and bomb-throwing at McKees Rocks. Section 1. page 1. Sports. Coast League scores: Portland 0, San Fran cisco 3? Sacramento 7, Vernon 4; Los Angeles 4. Oakland 2. Section 1, page 10. Oklahoma cattlemen offer $73,000 purse to get Jeffries-Johnson fight In Oklahoma. Section 1, page 10. Three men killed, two badly injured In In dianapolis auto races and 300-mile race Is declared off. Section 1, page 1. Clayton Danks wins bucking championship at cowboy meet. Section 1, page 10. Northwestern League scores: Portland 1. Aberdeen 3: Seattle 5. Vancouver 2; Ta coma 1, Spokane 2. Section 1. page 10. Fans of Northwest demand eight-club Coast League! Section 4, page 4. University of Oregon's football prospects bright. Section 4, page 4. Football fever begins to strike in on Mult nomah Club members. Section 4, page 4. No expense to be spared in making Country Cluo track fast. Cection 4. sag 5. Outlook for promising fighters Is bad. Sec tion 4. page 6- Pacifle Northwest. Heney says he must be nominated as Inde pendent In order to make race. Section 1. page 1. Session at Olympla ends In uproar. Section 1. page 5. Oregon-Idaho Development Congress ad journs. Section 1, page 6. Schlvely creates dramatic scene on stand. Section 1, page 5. Court given chance to decide on new loop hole in local option law. Section 1, rage 7. Umatilla County's grain crop amounts to 4.000.000 bushels. Section 3, page 10. Commercial and Marine. Movement of wheat to tide water increasing. Section 3. page 9. Chicago wheat market nervous and weak. Section 8, page 9. Slump in stock market is checked. Section 3. page 9. Fourth ship fixed for grain when Janets- Is chartered. Section 3, page 8. Portland and Vicinity. Conductors rouse owl-car passengers who nap when their stopplng-oft places are reached. Section 1. page 1. Dr. Brougher to confer with pulpit commit tee in Los Angeles on his call to Temple Baptist Church there. Section 2, page 12. Noted fruit experts of the Union extol Hood River Valley. Section 1, page 11. Commercial Club makes star strike for Ore gon by fathering big excursion to Hood River. Section 1, page 11. Weather helps to advertise Oregon In East, says J. P. O'Brien. Section 3, page 8. Mayor Simon uses his first veto on ordinance granting Interest on condemned property. Section 8, page 10. News of Portland dramatic world. Section 4, page 2. . Girl wife of J. E. Hamlin, alleged forger, wears she. will not forsake him. Section 1, page 8. Real Estate and Building. Wide range in bids offered for new city crematory. Section 3, page 7. Midsummer lull noticed in real estate work before brisk Fall. Section 4, page T. New Methodist Episcopal Church South Is ready for organ. Section 4, page 7. Eilera Piano House to put up big warehouse Section 4, page 7. Many big real estate projects are brewing. Section 4. page S. Portland Chinese has! his home fitted lux uriously with modern bathroom. Section 4, page 8. Alexander H. Kerr buys Russell apartments. Section 4, page 6- Week's building permits reach total of $199,900. Section 4. page 9. Empty houses at premium In Portland. Sec tion 1, page 9. Plans drawn for Levi Anderson's Industrial Home. Section 4, page 10. Woodstock residents subscribe 'money for library. Section 4, page 10. Kentlworth district puts up coin for hall. Section 4, page 10. Activity In Rose City Park continues brisk. Section 4. page 10. AUGUST 22, 1009. THREE MORE DEAD AT AUTO CONTEST Two Spectators Killed by Hurtling Car. MECHANICIAN ALSO CRUSHED After Fourth Accident, Race Is Called Off. 100-MILE MARK LOWERED Third Day of Racing at Indianap olis Track Resembles Roman Holiday In Its Slaughter of Innocents. INDIANAPOLIS, Ind., Aug. 21. Three more lives were sacrificed today In the speed carnival that marked the open ing of the new Indianapolis motor speedway. One mechanician and two spectators were today's death toll. Charles Merz in a National In the 300 mile race lost a tire and crashed through a fence into a group ospec tators. The dead: Claud Kellum, Indianapolis, mechani cian In the National car. Homer Joleffe, Trafalgar, Ind. James West, 29 years of age, Indianap olis. West was a meat cutter. Two Men Badly Injured. Besides the three deaths there were two serious Injuries during the day. Henry Tapklng, of Indianapolis, suf fered a compound fracture of the right arm, a fracture of the nose and scalp wounds In the wreck of the National car. Bruce Keene, driving a Harmon in the same race, crashed into a post shortly after the wreck of the National car and was badly cut about the neck and head. James Schiller, the mechanician, with Keene, suffered a slight fracture of the skull, but the physicians Bay he is In no danger. After the second accident the officials decided to call off the race. Men Escapes Unhurt. The leading car a Jackson, with Bee Lynch at the wheel had covered 235 miles. Ralph de Palm a, In a Flat, was second, and Stlllman, In a Harmon, was third. The race will be declared no contest, and the Indianapolis speedway trophy will be raced for again. Merz escaped from the wreck of his car with hardly a scratch. He fell un der the machine when It turned a som ersault in the air, and landed in a gully near the side of vhe track. He seemed in Imminent danger of being burned to death, but managed to shut off the en gine and thus save himself. Kellum was hurled out of the car and landed in the gully some distance away. Death Total Is Seven. The three deaths today raise the speedway fatalities to seven. William A. Borque and his mechanician, Harry Holcomb, of the Knox racing team, were killed In an accident in the 250 mile race Thursday. Cliff Litterell, a Stoddard-Dayton mechanician, was killed by being hit by a big racing machine while on the way out to the speedway. On Thursday Elmer Gramp ton, 6 years old, was killed by the auto mobile of Dr. C.cirke E. Day, of this city, while the latter was on his way to the races. The fatal accident today occurred on the south turn of the immense ellipse and near the open stands that contained more than 50,000 people. The thousands In the grandstand did not see the acci dent, although they knew that one of the cars had crashed through the fence. A few minutes later Merz was brought to the officials' stand, and a mighty shout of Joy went tip when It was seen he was safe. It was not for some time that the majority of the spectators re alized that, though Merz had escaped, others lay. dead or Injured. - Oar Out of Control. After Merz finished more than 200 miles and waa running fifth In the race, the tire on the right front wheel came off and the car tore away from the control of the driver. It crashed through the' fence near the foot of a bridge i HARRY MURPHY AS WORTHY OF TAP NAPPERS, IS CARMEN'S NEW JOB CONDUCTORS NOW AWAKEN LAST-CAR PASSENGERS. "Which Street, Please?" Is Query Asked or After-Midnight Riders. Women Get Peevish. Streetcar conductors, evidently In compliance with an order issued by President Josselyn, are encroaching upon the privileges of Pullman porters. Each passenger, man or woman, on every last night , car in Portland Is asked by the conductor "Which street, please?" The object of the query is to apprise the conductor of the right places to stop the car, and In many In stances he Is obliged to awaken a pas senger by a tap on the shoulder to tell him he has reached a near-home corner. Recently a passenger homeward on the Thirteenth-street owl car saw a chance to be facetious. "Which street do you want, please?" he was asked by the conductor. "What streets have you?" the passen ger queried in reply. While It falls to the conductors to awaken passengers frequently, in a few instances they have been obliged to rouse shopgirls and women to tell them they have arrlveu at their destinations. The men yawn and alight without com plaint, but the wome - a a rule are peeved when caught ,plng. Some conductors J solely on their memory to put the , passengers off at the right places, but most of them Jot down the streets on the back of their transfer pads. The carmen welcome the new order of things, as It ex cuses them from announcing the streets, and then, too, they have an op portunity to talk to fair passengers not afforded In their daylight trips. STOLE DEAD BABY'S GEMS Spokane Youth Sentenced to Rock pile for Theft. SPOKANE, Wash., Aug. 21 (Special.) -Convicted of the theft of a dead baby's little jewels that had been saved and cherished by its heartbroken mother, Roy Lavalleur was sentenced to the rock pile for 30 daya today. His capture waa brought about by De tective McCleoud. who discovered a lit tle heart-shaped locket set with a ruby and a baby's ring, stolen two days ago from the home.oi.W. A. Settle, 914 Boone avenue, about a young waitress' neck, as he sat In a downtown restaurant last night. He recognized their description as tallying with the one at police headquar ters Mr. Settle had given of his dead child's jewelry that had been stolen. He questioned the young woman and learned that Lavalleur had given them to her. Lavalleur was soon under arrest. Lavalleur admitted taking the stuff, but declared he took them for a debt of 46 cents Settle's partner. Q. A. Hesse, Is claimed to have owed him. CARMEN REJECT SCALE Chicago Again Confronted With Danger of Strike. CHICAGO. Aug. 21. Following the lead of the North and ' West Side Streetcar Men's Union, the members of the South Side organizations tonight voted to re ject the wage scale agreement reached recently by their officers with the street railway officials. This throws the whole question open again and the 10,000 union men are In a more defiant mood than ever. President Mahon, of the National union, arrived today and is trying to pre vent a strike. SHIP AGR0UND IN STORM Strands at St. Vincent Two Steam ers Ashore at St. Kitts. KINGSTON. St. Vincent, B. W. I., Aug. II. The weather here has been rather threatening since last night, when there was evidence of serious disturb ance east-northeast of Barbadoes, trav eling to the west. A local vessel has gone aground In Kingston harbor. The British steamers Dahome and Parlmi, which went aground at St, Kitts, have not yet been floated. MANY ANARCHISTS CAUGHT Delegates to Congress of Reds Ar rested at' Budapest. BUDAPEST, Aug. 2L The police jf this city have taken into custody 28 an archist who recently arrived here to at tend the forthcoming Anarchists' Con gress. ILLUSTRATION PRICE FIVE CENTS. NIGHT OF RIOT AT Woman Hurls Bomb at Trooper's Horse. FEMALE MC3 RAIDS KITCHEN Negro Cooks Routed and Food Carried Off by Crowd. MEN TOSSED FROM CARS Attempt Made to Blow VTp Offlca Building Streetcars Attacked and Passengers Beaten by Enraged Strikers. PITTSBURG, Aug. 21. A night ol wild rioting among the striking work lngmen closed the week at the Pressed Steel Car Company's plant In Schoen-. vllle., A daring attempt, partly successful, to blow up the office building of tha company waa made. ThlB was the sig nal for serious olashes between stats troopers and strike sympathizers, in which a dozen or more men were in jured. Woman Throws Bomb. Shortly after 10 o'clock tonight 600 women and children gathered about th company's restaurant in McKees Rocks, and were partially dispersed by mount ed troopers. One woman stood out of the mob and, drawing a gaspipe loaded with powder, threw It at the feet of a trooper's horse. The bomb failed to) explode. The crowd of women was finally dls peised when firehose was played on them. While the angry women swarmed the streets, a concerted attack was made upon the company's restaurant from tha rear and, attacking the negro cooka with ladles, cooking spoons, etc, about 60 women beat an entrance into tha kitchens of the establishment and made off with the potatoes, onions and even cauldrons of steaming soup. Men Hurled Tlirough Car Window, Near a viaduct over the railroad tracks, strike sympathizers gathered and began stopping streetcars. Three men could not satisfactorily explain their presence In McKees Rocks, and were bodily hurled through a car win dow. When tlie men fell from the car, members of the mob on the street at tacked them. The men were dragged to the edge of the viaduct, 50 feet below which lay the tracks of the railroad, and only escaped being thrown over by the arrival of troopers. Attempt toBlow Vp Office. Late tonight an attempt was made to blow up the office building of the car plant, a three-story frame structure erected close to the stockade near the company house. Nitro-glycerin caps were thrown over the stockade and over 20 feet of basement rock support ing the office building was torn away by the force of the explosion. There is no clew to the Identity Of the men re sponsible for the deed. A streetcar from Pittsburg was at tacked by strike sympathizers and a dozen passengers aboard the car wer severely beaten. They were finally res- cued by troopers. At midnight the situation was quiet, but ominous. . Peonage Charge Is Made. A charge of peonage was formally made late tonight against Frank Hoff stot, president of the Pressed Steel Car Company, and Samuel Cohn, head of th service bureau at the Schoenville plant. In an affidavit sworn to by Albert Va mos before United States Commissioner Lindsay the charge Is made that Hoff stot and Cohn "arrested, held and re turned the complainant to a condition of peonage." Vamos alleges that he was brought here in complete ignorance of the stats of affairs at Schoenville. He avers that when he made an attempt to escaps from the plant, first asking permission from Cohn to leave, he was beaten sa severely that he had to go to a hospital. STEELCAR WORKS