CLASSIFIED ADVERTISING SPORTING AND MARKET REPORTS SECTION TWO Pages 1 to 20 VOL. XXIX. PORTLAND, OREGON, SUNDAY MORNING, 3IAY 22, 1910. NO. 21 SANCTION IS GiVEN BY 'PRIMARY LAW Call for State Republican As sembly Is Issued by Judge George, Chairman. DATE IS SET FOR JULY 21 Recommendation Made That County Assemblies Be Held July 16, Delegates to Which Shall Bo Chosen at Primaries July 9, Asserting authority directly from the primary law for holding recommending assemblies, as given to the party or ganization, under direction of which he Is acting. Judge M. C. George, chairman of the Republican State Cen tral Committee, yesterday issued the formal call for a state assembly July 21 and a recommendation that county mass primaries be held July 9 for the selection of delegates and that county assemblies be held July 16. As set forth in the call at the time of holding the rtate assembly, recom mendations also will be made for Con gressional and judicial district nomi nees. The fourth judicial district of the state, comprised of Multnomah County, is excepted from that date by omission. , This is owing to the fact that it is the only district in the state co-extensive with the county bound aries and the recommendations will be made at the county assembly. The call, which is attested by Sec retary E. V. Llttlefleld, is as follows: Call Issued for Assembly. Pursuant to the direction of the Republlc&n State Central Committee. last chosen under the provisions of the direct primary law and authorized by law to make rules and regula tions for the government of the Republican party in Oregon, an aMembljr of the Repub licans of this state, through their representa tives to be elected from the different precincts and counties, -is called to meet in the City of Portland, Or.. Thursday, July 21, 1910. at 10 A. M., for the purpose of formulating and adopting a party platform and to recommend to the favorable consideration of the Repub lican voters of this state the name of a can didate, beat qualified, for each of the elective state offices. Representatives in Congress and judicial district offices composed of more than one county, subject to nomination at the pri mary election to be held on September 24, 1910, as provided by law. Tho .apportionment of delegates among the different counties, as Axed by said committee, being one for each 50 votes, or major fraction thereof, of the vote cast for William H. Taft at the last Presidential election, is as follows: Baker 84, Benton 24, Clackamas 55, Clatsop 2, Columbia 25. Coos 37, Crook 18. Curry 5. Douglas 42. Gilliam, 10. Grant 16, Harney , Hood River 15, Jackson 41, Josephine 19, Klamath 13, lako 9, Lane 66, Lincoln 12, Linn 44, Malheur 18, Marion 76. Morrow 14, Multnomah 354. Polk 29, Sherman 9. Tilla mook 12. Umatilla 47. Union 30. Wallowa 18. Wasco 1T7. Washington 48. Wheeler 8. Yam hill 40. total 1248. No proxies will be honored in said assem bly, but in the event of the inability of the duly-elected delegates to attend from any cause, their vote is to be cast by the mem bership from that county, according to the majority opinion of those present and acting. It is recommended that County Assemblies be held by the Republicans In each of the counties of this state on Saturday. July 16. and' that the meetings for electing dele gates thereto be held on Saturday. July 9. and that the delegates be elected in such manner as the county central committee for ach county may provide. M. C. GEORGE. Chairman. E. V. LITTLEF1ELD, Secretary. Primary Law Gives Authority. "I wanted to show." said Judge George, "in the preamble . to my call that there is ample authority- for hold ing an assembly. The primary law" provides for the election of county cen tral committeemen and the election by them of a member of the state central committee from each pounty, explain ing that these committees shall pro vide for the government of their res pective parties. In our case they have provided for an assembly as part of the party organization, and that Is why the call is worded as it is." That through the chicanery of mem bers of political parties opposed to Republican success, a mistaken idea Is held by some of what Is meant by the "assembly plan" of .making recom mendations for nominations, is the further statement of Judge George. "The men who are opposed to it." lie said, "are either, -as a rule. Demo crats, Socialists, Populists, or have succeeded to political preferment through operation of the primary law, without the assembly and fear the as sembly will place the spotlight on them too critically. Then there Is another class. It is composed of those who are the henchmen of the kind just mentioned." In support of the honesty of Inten ' Second Big Week in Our Diamond Jubilee Celebrating Our 60 Years in Business Two Page Advertisement On Pages 8 "and 9, Section 1 tion of the exponents of the assembly. Judge George calls attention to the fact that most of the men who were members of the executive committee of the Direct Primary Nominations League in 1904-06. which conducted the campaign for the adoption of the primary law through the Initiative, now favor the assembly. , Many Republicans In Favor. Included in the list of ' those who are In favor of an assembly is A. L. Mills, president of the league. Mr. Mills was one of the first to And ob jection to the direct primary law. This objection was voiced by him at the first meeting of the league after the first trial of the law in the Spring of 1906. His chief objections then were that It precludes the possibilitiy of a poor man successfully making the race for a state ofTlce and that every per son having political ambitions or with friends who had them for htm, whether deserving or not, proceeded to liave himself placed on the ballot without any consideration off competency o, ac quaintance. This resulted, he said, in there being so many names on the ballot that not infrequently utter in competents were elected by bare plu ralities, thus by an unusual process accomplishing the very thing the pri mary law sought to avoid. Judge George also says the direct primary law itself, through the cor rupt practices act. contemplates the holding of conventions. In support of this he calls attention to sections 21 and 22 particularly of the law and gen erally to half a dozen other sections. Section 21 says In part: No holder of a public position othsr than an office filled by the -ofers shall be a delegate to a convention for the election district that elects tho officer or board un der whom he directly or Indirectly holds such a position. Section 22 of the law says: No 2erson shall invite, offer or effect the transfer of any convention credential in re turn for any payment of money or other valuable thing. ' Primary Law Unsatisfactory. G. B. Thomas, a member of the com mittee, and at the time very enthu slastio for the adoption of the primary law, does not feel as kindly toward the law as other members of the com mittee. "I have this to say about it," he said last night,, "It is absolutely un satisfactory. I have watched it and have tried to believe In it, but It is ab solutely sickening as It now stands." Other members of the committee who favor an assembly are: H. W. Scott, Judge T. L. Harris, of Eugene: H. G. Kundret. of Portland; ex-Governor Geer and others who desired not to be quoted. "There are good reasons for the op position to the assembly of those who are fighting it." said a member of the central committee a few days ago. "Chief among these are W. S. TJ'Ren, of Oregon City, and Senator Bourne. I need not say why they are opposed to it. My previous remarks make their reasons obvious. Others are John C. Young, appointed postmaster of Port land, under Mr. Bourne's patronage; Thomas C. Greene, a Democrat; C. S. Jackson, a Democrat; J. F. Welch, a labor leader; C. E.. S. Wood, a Demo crat; Frank Williams, a Populist, and George B. Riddle, of Roseburg, a Bourne appointee." NEWCOMB'S HOPE BLASTED Supreme Court Finds No Saving Clause in Criminal Code. OLTMPIA, Wash., May 21. (Special.) Although the record on appeal was Incomplete, the State Supreme Court has affirmed the conviction of murder in the first degree of Charles F. Newcomb, who killed Martin Kvalshaug at Ta coma. The decision is of unusual interest in that it determines for the first time a large number of questions that have been raised throughout the state In criminal cases since the laws passed by the last Legislature took effect. The decision holds that the new Jury law is constitutional and valid, with its di vision of the counties into jury dis tricts and its provision that none but taxpayers may serve as jurors. It holds further that there was no open season for murder between March 22 and June 8, nor any other time-sav ing clauses in the criminal code. While under the rules the appeal might have been thrown, out for lack of perfecting a record, the Supreme Court went into the case on its merits and holds that there is no merit in any contention raised by attorneys for Newcomb and that he must hang, " VANCOUVER MARKET BIG Public Trading Place for Products to Cost $12,004). VANCOUVER, Wasn., May 21. (Spo cial.) Built on two sides of the North Bank road, and connected with a pas sageway under the track, the public market of Vancouver is being con structed, at a cost of $12,000. It Is the plan of the promoters to afford a large public market for Van couver and Clark County Booths and stalls are being built and in the market will be hotels, eating-houses and places where one may buy everything needed to keep house. The farmers, fruit raisers and truck gardeners will be given space to meet the buyers, both retail and wholesale. SURVIVORS OF BURNED VESSEL, . 'N . , I -:'v Kt x i S V ' - W- V f : '" ' f'yH'1 sA rrj fT h 1 If: t:'r 1. Captain Peterson, of Lost .Vessel, . 2. Schooner J. Marhoffer-' on Beach. LOSSES NOTMINflED Crew of Marhoffer Glad to Es cape With. Lives. NONE SAVED HIS CLOTHES At Albany Survivors Transfer to San .Francisco Route, Clad in Donated Garments, but All ' Make. Light of Misfortune.' - ALBANY, Or., May 21. (Special ) thoroughly recovered from the hard ships coincident to their escape from a burning ship at sea, the officers and crew. of the steam schooner J.-Marhoffer, which burned off the Oregon coast 20 miles north of aquina Bay Wednes day afternoon, reached Albany on the Corvallis & Eastern train irom Newport at noon , today. They remained . here this afternoon and evening and left at 11 o'clock tonight for their homes in San Francisco. All the men regard it as remarkable that 20 of the 21 people on the burning vesel reached shore alive and survived the hardships experienced - "What did you do with the checks for our baggage?" one man asked the others as they passed the pile of trunks at the Albany depot. With this and similar remarks the sailors made light of the los of all their posessions on the burning ship. None of them saved any thing. They left the ship only with what clothes they had on at the time and some of the engineers and firemen were scantily clad at the time and are now wearing clothes given them at Newport.. The party of survivors consisted of Captain Gustave Peterson, Mrs. Peter son, First Mate H. ' Johnson, Second Mate C. Anderson, Chief Engineer George Hastorf. Assistant . Engineer James Kane, Firemen Su'.livan, Sheri dan and Murphy, Steward George Wich enden and Seamen N. Suni, S Stolswig E. Steffens, A. Penny, N. Nelson, C. Jen sen. E. Slgosky, J. Smith, C. Wirtanen and N. Rastof. WRECKED CREW GOES SOUTH Heroine of Marhoffer in High Spirits Over Escape. NEWPORT, May 21. (Special.) The crew of the wrecked steamship Mar hoffer left for San Francisco this morn ing. Captain Peterson was suffering slightly from an injury to his left el bow, which was badly, cut, he having concealed the fact from his wife and others for two days. Mrs. Peterson, tho heroine of the wreck, was in high spirits. She said that at times she can hear the loud voice of her husband as he directed the men, all of whom, she says, behaved gallantly when It looked like death to J, MARHOFFER, CAPTAIN OF LIFE WRECKED SCHOONER. and Captain Wei lander, of Life Savers. 3 George Hastorf, Chief Ensineer. them all. - She and t the captain are very grateful to Captain Wellander, of the lifesaving station, and his wife, by whom they were cared for. Mrs. Wellander lent some of her best clothes to Mrs. Peterson, whose wear ing apparel, like- that of the others, was lost. The officers and men also thank Will iam Cohn, Mrs. and Miss Greenwood, Charles Lovegreen and A. Wing for their, assistance with, food when all were' stranded on the beach. While at the funeral a team broke loose and pulled a wagon over a bank into some small trees, where It upset. The sailors righted the wagon and car ried it back to the road, but refused to touch the horses, ' which were not injured. i "Look out for those damn straw burners," remarked one.' "Sou never can tell when they will kick your head off or eat you up. We will walk back to town." PIONEER BANQUET TALKED Woman's Auxllliary Holds .Meeting to Make Arrangements. The "woman's auxiliary of the Oregon- Pioneer Association held its first meeting to arrange details for the an nual pioneer banquet, at the residence of Mrs. C. M. Cartwright, president, last Thursday afternoon. In addition to Mrs. cartwright there were present Mrs. John W. Minto. vice-president: Miss Nannie E.- Taylor, treasurer; Miss Anna M. Cremen, secretary; Mrs. Ben ton Killin, Mrs. D. P. Thompson, and Mrs., I. W. Pratt, executive committee; Mrs. Herbert Holman, auditor, ' and a number of other members of the auxil iary. A spirit -of enthusiasm pervaded the meeting, and numerous offers of donations of food were sent In by tel ephone, i All the transportation - companies centering in this city have ' agreed to give reduced rates (round trip for one and one-third fares) on the certificate plan, providing 50 tickets over any one line are sold within specified dates, which will be annbunced hereafter. De tails can be secured, by application to" George H. Himes, secretary of the Pfo- neer Association, City Hall, Portland. Pierce Riggs, of Rickreall. a well known and prosperous farmer of Polk County and a pioneer, has been in the city for several days. BUILDING ACTIVE AT VALE Xcw Garage, Land Office and Baths and Laundry Begun. VALE. Or.. May 21. (Special.) Con struction work has begun on a new 3000 brick garage, in which is also to be lo cated an auto repair shop and plumbing shop. Pete DeFord, of this city, is having the building erected on East A street. About 20 autos are owned in Vale, be sides a number of large machines now be ing used on the Vale-Ontario, Vale-Bro-gan and Vale-Burns automobile stage lines, which all make their headquarters in this city. The foundations were also started today for the $20,000 two-story brick building to be erected by T. T. Neslen and in which will be located the newly created United States Land Office. A $15,000 bathhouse and laundry has also been started - SAVING CREW, AND VIEW OF . , ,4 S BODY LEFT Grewsome Discovery Made on Train. FOUND LYING IN TELESCOPE Only Clew Is Message. Pinned to " Grip May Have Ben Put Aboard at Hoqu lam--Head and Throat Marked by Carbolic Acid. HOQUIAM. Wash., May 21. (Spe cial.) On the train . which left Ho quiam at 8:10 o'clock yesterday morn ing was found in an old telescope bag the dead body of a small baby which had -been, killed with carbolic acid. On the gripsack was fastened a white envelope with these - words written across one end in pencil: -"Please look inside and handle with care." The grip had been placed "under a seat and-was not discovered until Cen tralia was -reached. ' There. the con ductor, ' Harry Stevens, picked it up, and noticing the' instructions, opened the bag . and made the grewsome dis covery. The canvas telescope grip was wrapped in a piece of new black oil cloth six feet by four feet square. Conductor Takes Charge of Body. The conductor took the bundle to the Centralia station agent, who noti fied Coroner Strickland, of Lewis County. " He promptly notified Sheriff Payette, of this county. The body of the babe was placed In Strickland's morgue at Centralia and the Coroner at once came to Hoquiam, where he -was met by Sheriff Payette. The latter at once started the machinery of the county In an effort to find who so cruelly treated an Infant. The grip when opened sent forth a reeking odor of carbolic acid. Examina tion showed that the mouth and throat of the infant, which was more than three weeks old, was black, presum ably having been burned and stained with the deadly drug. The body was well dressed with long white clothes, with white stockings on its feet. Apparently it had been well cared for at some time in its short life. The Coroner is positive, however, that It was killed with car bolic acid and does not think that it died naturally. He believes its parents were carrying it to some other city for burial. The message on the bag, he believes, makes it plain that it was intended to abandon the body on the train. a Message Is Only Clew. The message is the only clew the officers have unless they can find where the black oilcloth was purchased and who bought It. The writing on the envelope is probably ' that of a man, but might be that of a woman. Ap parently no attempt was made to dls guise the handwrjtixur. The first word, jv sjul ) . J tad BABY please." starts with a small "p." The word "handle!' is spelled "hande" and the word "inside Is epelled "insid. Of course, there is no means of know- ng where the telescope bag wrapped n black oilcloth was placed on the train. It might have been at Hoqulam or at any place-up the line, so tho offi cers will have much work ahead of them. . The Sheriffs of three counties, Che- halls. Lewis and Thurston, will work on the case and will not stop until they have found the persons they believe to have committed the murder. BANKER DIES IN POVERTY Charles Clary, ci-Eiamlncr, Suc cumbs After Brief Illness. SEATTLE. Wash.. May 21. Charles Clary, aged 66, formerly prominent in state banking circles and at one time National Bank Examiner for the dis tricts of Oregon. Montana, Idaho and Washington, died at his home here to day after a brief illness'. He served in the Union Army during the Civil War as a First Lieutenant and afterwards was brevetted a Captain. Charles Clary was born -In Illinois, coming West in the early nineties. He was appointed National Bank Exami ner for Oregon, Montana, Idaho and Washington in 1892, and continued in the ' service until 1902. He resigned then to become president of the First National Bank at Everett. He gave up this position to go in the First National Bank at Mount Vernon, Wash., in which institution he bought an interest. Of late years he has been in feeble health and spent a part of last year in the Old Soldiers' Home In California. Mr. Clary was well known in Oregon several years ago. He once closed a bank at The Dalles., controlled by ex- Representative Moody. For this action. it Is said. Moody later succeeded in obtaining his removal from the Govern ment service, aitnougn ne later was re instated. Mr. Clary is survived by a widow, two sons and a daughter. It Is' believed Mr. Clary died nearly penniless. SAL00NMAN WINS APPEAL Prosecution, of Pe-Ell Dealers TTnder "DryM Law Comes to .Xaught. CHEHALIS. Wash.. May 21. (Spe cial.) Pros-ecutlon of Pe Ell liquor dealers who were put out of business by the voting of that town dry a few months ago has come to naught in the Lewis County Superior Court. After the saloons closed, William Zaskovitch was arrested under a city ordinance for violation of the state law. It was alleged that he was guilty of leaving liquor in a place within a dry unit after It had been voted dry under the local option law. Zackovitch was tried before Justice Perry Watson of Pe E1U found guilty and fined $75 and costs. W. Gould and Tony Miller were also arrested and fined $30 and costs each for selling near beer. The three cases were appealed to the Superior Court. Zackovitch was found guilty last night, after a three days trial. The two cases against Gould and Miller' were dismissed on motion of Prosecuting. Attorney Buxton. CORSET PROVES COSTLY Storekeeper Must Pay $500 for Ob jecting to Taking It Back. CLYMPIA, Wash., -May 21. (Special.) Julia Howell will get $500 because a Hoquiam storekeeper talked rudely to her when she tried to return a corset her husband bought, according to a de cision of the State Supreme Court today. The decision of the court would seem to Inicate that the corset was purchased for the usa of the husband. She says she tried to return it and secure the purchase price when John Winters as sorted It had not been sold at his store. When she disputed this statement, Mr. Winters used language which is alleged to have been vile and opprobrious and to have assaulted her. She brought this suit and the jury said her damages were worth $1200 but the lower court cut $700 off and the Supreme Court today affirmed the half-thousand judgment. FAITH IN : MINES; STRONG Captain Spencer Believes Idaho Is on Eve of Development. LTLE, "Wash.. May 21. (Special.) Captain E." W. Spencer and a party passed through Llye Thursday, return ing from a fishing excursion up at Maddock's. on the Big Klickitat. Captain Spencer is a strong believer In good mines, managed by good com panies. He owns stock in a mining property near the Idaho line that is now paying good dividends and with ore in sight to keep the stamps busy for many years. He believers, the mines and prospecting in Idaho are on the eve of great development. As a pioneer Snake River navigator, he has many friends iere. - WRONG MAN, IS ASSERTED Elma Fruitgrower Accused of Kan sas Murder 1 2 Years Old. ELMA, Wash., May 21. (Special.) What is aserted to be a serious case of mistaken identity occurred hero last night when Sheriff Payette arrested Henry C. Taylor, a prominent fruit-grower, on the charge of murder, said to have been committed by Taylor In Kansas 12 years ago. The arrest was made on tele graphic dispatches from Kansas, saying that the crime had been committed in 1S98. During this year Mr. Taylor de clares, he was attending at Eastern col lege. The sheriff refused to lock up Mr. Tay lor pending further word from Kansas. DISPLAY SCATTERS CROWD Accident in Toledo Electric Light Plant Scares Comet-Garers. NEWPORT, Or., May 21. (Special.) As a result of an accident in the Toledo electric light plant, the town will be without current for 10 days. The gov ernor on the engine worked loose and part of the dynamo was hurled through the roof by the belt. People near by watching for Halley's ccmct were thrown into sudden alarm by the resultant fireworks, and there was a great scampering. No one was hurt sr.c the damage is $600, ARMY ENGINEERS URGE OPEN RIVER Report Favors Purchase of Willamette Locks at Ore gon City. CANAL TO BE ENLARGED Private Owners- of Adjacent Lands Can't Dispute Federal Control of Navigable Stream, It Is Ar- , piied In Report. OREGONIAN NEWS BUREAU, Wash ington, May 19. At tho time the river and harbor bill was under considera tion in the House of Representatives, no report had been received fropi the- Army Engineers recommending the purchase of the canal and locks at Oregon City, or favoring the construc tion of a new canal and locks on tha opposite side of the Willamette River. But while the bill was before the Sen ate committee. Major Mclndoe was summoned to Washington by the chief of Engineers, reported in person on this project, and on the basis of his report, a letter was addressed to the committee on commerce, recommending an appro priation, to be used in connection with a like appropriation by the State, for opening the Willamette to continuous and free navigation. The item carried In the bill, as in serted by the Senate committee, was made possible solely by the report of the engineers, the committee having adopted the policy of inserting such appropriations as were recommended by the engineers. The printed report of the commerce committee contains the letter, under date of March 22, 1910, on which this appropriation was based. That letter is in part as follows: "A board of engineers authorized by the act of June 13, 1902. after examina tion of the canal and locks at Oregon City, submitted a report recommending an appropriation by Congress to pur chase the existing canal and locks, pro vided certain changes are made In the structures, or the construction of a new canal and lock by the United States, and further held that their operation for the exclusive benefit of navigation would not Injure in a material manner the operations Of the manufacturing enterprises now in operation or con templated at the falls of the Willamette River; and as to the legal situation, that the United States, if it should be deemed necessary, has the absoluta right to the entire flow of waters of a navigable river, and It necessarily fol lows that neither the Portland General Electric Company nor any other per son, except the United States, except for commerce, has any valid and exist ing right to the full, free and continued use of the water of the Willamette River for use of manufacturing enter prises now located on their property. "No action has been taken by Con gress in pursuance of these reports and recommendations. "A provision for further examina tion was inserted in the last river and harbor act. In the meantime, however, the State of Oregon has appropriated $300,000 for the purchase or construc tion of a canal and locks, contingent upon a like appropriation by the United States, and in default of action by Con gress this lapses on January 1. 1912. Under the state act the first levy of $100,000 can not be made until the 1st of January following an appro priation by Congress, so that the state funds are not immediately available. Up to the present time no satisfactory offer for the sale of the existing canal and locks has been made by the owners, and It is not anticipated that in tho absence of action to secure a site for a new lock and dam the. Investigation now in progress will secure any vol untary offer at a price materially less than that originally quoted. $1,200,000. "The advantages which may be ex pected to result f rom the enactment of the proposed provision are as fol lows: State Must Help. "(a) It will secure tha state appro priation of $300,000, whioh may other wise be repealed at the coming ses sion of the State Legislature, and in sure the first levy on January 1 next. "(b) It will put the United States in position to treat with the owners of the present canal and lock on a dif ferent and more satisfactory basis, and if a reasonable offer is not -secured which will enable the United States to purchase the existing canal and locks and construct the necessary diversion wall to separate the canal from the water-power Intake at a to tal cost of $600,000, condemnation pro ceedings can bo instituted on the east bank of the river and the cost of the right of way determined upon for new canal and locks. "The advisability and worthiness of the improvement of this locality is primarily a question of cost, and until the actual expense of securing the ex isting canal and locks or acquiring a suitable right of way for a separata canal and lock on the opposite side of the river is determined, no definite de cision can be reached as to whether the United States should undertake the improvement; action at the present session of Congress will put this ma terial question of cost In process of determination, and it is not seen how, in the absence of such determination, the results of the present investigation can be anything but a conditional recommendation based on cost of right of way or acquisition of the present canal and locks. Therefore, tho sooner this question of cost can be determined, the sooner Congress will be in position to make a proper de cision: and all the essential prelim inaries to such determination are as fully settled now as they will ever be. "Should this provision become law and the cost of the bid canal and locks and of tho site of the new canal and lock both prove to be unreasonable, making the cost of the improvement exceed the $600,000 authorized, no further action would be taken until Congress has indicated its further wishes. Moreover, should the resort to legal process or the evident power and intentions of so doing lead to more reasonable propositions from the own ers of the present canal and locks, the matter may be put in shape in the report now in preparation for definite action at the next session of Congress." r