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About The morning Astorian. (Astoria, Or.) 1899-1930 | View Entire Issue (Dec. 10, 1904)
' PUBLIBHIt FULL IW'" 1 RIPORT' COVIRS TNK MORNINQ FIILO ON TH1 LOWIR COLUMBIA r VOUIMK LV1V.N0. ASTORIA, OHKC.ON, SATURDAY, DECEMBER 10, 1904. PftlCE FIVE CENTS STILL IN A CELL with filter Smith, tonight on knock out. Smith got hi head In the way and waa too tired to remove U, o Neary nmils a, hurricane flnlah. It wui done without the iiia of a club. Mrs. Chadwlek Remains In the Toombs. FEARED SHE'LL SUICIDE Incarcerated Woman Not Even Allowed a Fork at Her Meals. ALWAYS UNDER INSPECTION MANY OFFICERS KILLED. Jap Casualties Are Not Confined te the , Rank a. Toklo, Dec. 9, 10:30 a. m. Imperial armr headquarter! has published a list of It officers killed and CI wounded. No mention U made of where these casualties occurred, but It was pre sumably at Port Arthur. Inssnlty May Bs the Plea Urged New York Attorneys Are Allowed te Continue In Their Defense of Their Client New York, Dee. 0. Every move Mrs. Chadwlek has made today has been under the eye of a seeret eervioe man. Net a pin, nor a paper-cutter nor an Implement of any kind with whloh aul eld. might be attempted has been at lowed her. It waa even denied that she be allowed a knife and fork with whloh te eat her meals, for, with all hope gons, the bureau Is positive In Its spin ion she will try to end her life at the srlle.t opportunity. Stays In Toombs. New York. Dec. . After a day of disagreements with her counsel In which Mrs. Chadwkk reiterated her In tentlon to waive eiamlnatlon and go to Cleveland for trial on the charge drought through the Indictment of grand Jury, she waa Induced to remain In the Toombs another night by her at torneys, and the developments of to morrow are matters for conjecture. Notwithstanding her ultimate con sent. Mrs. Chadwlek expressed the hop that she might go to Cleveland tomor row and Is but little reconciled to her present Incarceration. The advice of her New York attor neya apparently fell upon deaf ears until, Inte In the afternoon, aha re reived a meaaage from Judge Albaugh, asking her not to return to Cleveland aa yet. It waa thla that Induced her to stay In the prison another night In regard to what the plana of the defense are Attorney Carpenter was de cidedly non-committal and refused to discuss the situation. Talksd Fresly. Mrs. Chadwlek spent the greater part of the day from 7 o'clock to 4 In the afternoon In the 'corridor In front of her cell, and she talked easily and freely to those who called to see her. She was led to her cell by the matron about 4 o'clock, and to her she said: "I am glad I am not going to Cleve land tonight. I am tired enough to sleep well, I think, even behind those awful bars. "It has been an extremely trying day, and I am thankful It Is over. I do not enre to go through any more such ordeals." In her cell Mrs. Chadwlek ate a hearty supper, and the matron gave It as her opinion that the prisoner showed a marked Improvement over her condl tlon In the early morning. MRS. YORK'S STORY. Says She Is Mrs. Chadwlek's 8lster, Desplts Dsnlal, San Francisco, Dec. . Notwith standing Mrs. Chadwlek's emphatic de nial, Mrs. Alice M. York, of this city, persists In her statement that she Is Mrs. Chadwlek's slater, and her story Is sufficiently circumstantial to convince all who have heard It. Her detlnlatlon Of Mrs, Chadwlek's life Is Identical In so many particulars with the facts that the Interviewers of Mrs. York think It impossible she could have sOj Inti mate a knowledge had It been acquired at second hand. Her story Is given credence, and she will undoubtedly be called to testify In the case, and the spectacle will be presented of a sister engaged In sending another to the penal cells. False Alarm Wins. Milwaukee, Dec. 9. Charlie Neary, whose specialty Is the toning down of depleted Chicago dubs, won a ' draw Japs Answer Note. Toklo, Dec. 9, 11 a. m. Baron Kom ura, minister of foreign affairs, has de llvered the Japanese response to the Invitation of the American government to participate In the proposed peace conference, to U C Grlscom, the Amer ican minister, who has transmitted It to his government at Washington. The text of the response has not been made public. i ALL CAN DRINI States Attorney Declares Chemawa Is Open. FAIR MAY HAVE BARS Selling of Liquor May Go On Despite Local Option Law. War Ships Burn. Headquarters of the Third Japanese Army Before Tort Arthur, via, Fusan. Dee, 9. On the night of November M the Japanese established - infantry trenches Inside the parapets of the two nihlung and the north Kekwan forts, but on the following day they were compelled to retire beyond the moats. Since then, there has been practically no fighting done along the Incline of the eastern ridge of forts, the main atrength of the Japanese troops having been concentrated to effect the capture of tOS-Meter hill. The battleship Pobleda haa keeled over In the harbor and Is now burning. The battleship Retvlsan and the tur ret ship Poltava haa been sunk. The armored cruiser Bayan has been beached. The other vessels art making no effort to escape. DECISION FAVORS COCKTAILS Dry Precinct of the Fair Grounds at Exposition Msy Be Irrigated by Ministrationa of Whits Aproned Llfesavers. Another Strike On. ' New York, Dec. 9. Window shade makers to the number of BOO have de clared a srlka for ha recognllon of their union which la affiliated with the Federation of Labor. About 20 firms are affected. BOYS KILL A RABBI Stoned While at Work by Ma- licious Hoodlums. SNOWBALLS CARRIED STONES Six Sohoolboys Arrested and Held Chicago When the Old Man Died From His Wounds In a Few Minutes. In Chicago, Dec. 9. 81s schoolboys, none more than 14 years of age, were held at the police station awaiting the coroner's verdict on the sudden death of Rabbi Abraham Click. Ollck was kilting chickens for David Levy In the rear of the lutter's store when a crowd of boys made htm the target of a volley of snowballs, some of which, It Is said, contained stones, to give weight and accuracy. One snowball struck Ollck on the back of the head, making a email wound. Trembling with excitement, the rabbi ran' four blocks to the police station, where he was advised to se- ure warrants. Click hurried from the police station to Levy's store. At the door he threw up his hands and fell, dying In a few minutes. The arrest of the boys fol lowed. Fsirbsnks Rssignation. Washington, Dec. 10. Senator Fair banks arrived In Washington from Boston thla afternoon, and thla evening he said he would serve his state In the senate until March 4. . He was not yet ready to announce when he would send In his resignation from the sen ate and said the date was a matter which could interest only his Indiana constituents but whenever his resig nation went In it would be to take ef fect on March 4. It Is assumed that he will send In his resignation some time before the expiration of this con gress, however, In order that his suc cessor may be elected at the approach ing session of the Indiana" legislature. Balem, Dec. 9. Attorney General Crawford In an opinion requested by President Downing of the state fair board holds that the vote for prohl hlbltlon In Chemawa precinct will not affect the right of the board to grant a license to sell liquor during the time of the state fair. This Is In line with the opinions' of the law as expressed by the Salem Journal. The opinion In full Is aa follows: "Yours of recent date stating that prohibition carried In Chemawa pre cinct, Marlon county, at the November election, and that the state fair grounds are located In said precinct and aaklng my opinion aa to whether by virtue of said election and the terms of the local option law, the power vest ed In your board by act of the legisla ture of this state, filed In the office of the secretary of state February 1, 1901, session laws of that year, page 9. to license the sale of liquor, malt, vinous, or distilled, for not to exceed SO days and only for the SO days or less period during which the fair Is held each year, Is repealed or super ceded. "The first thing to determine Is the effect to be given to the local option law, and I am of the opinion that t should be given the same consideration and have the same effect aa though enacted by the legislature. The fact that It became a law by direct vote of the people In pursuance of Initiative petition, does not give the act the standing of a constitution, but the amendment of our constitution allow ing direct legislation by means of In itiative petition la only another mode of enacting laws, and laws so created must be In harmony with the consti tution and are subject to the same rules of construction aa acta passed by the legislature. 'The local option law .went Into effect June 24, 1904, upon proclama tion of the governor. It was general throughout the ajate, and the only question Is whether It repealed the special act above referred to. There la no provision the latter act ex pressly repealing the former, and It Is general rule of statutory construc tion that a later atatute, general in Its nature and terms, and not expressly repealing a prior special statute, will ordinarily not affect the special pro visions of the earlier statute, unless re peal la expressly named or necessarily Implied from the language of the later statute and the subject matter thereof. 26 Am. and Eng. Encye. of Law, 2 Ed page 7S9; Endllch on the Inter pretation of Statutes, section 21; Sutherland on Statutory Construction, section 157. "The latter announcement that "It Is a Drlnclole that a general statute without negative words will not repeal by Implication from their repugnancy the provisions of a former one which is special or local, unless there is some thing In the general law or In the course of legislation upon Its subject matter that makes it manifest that the legislature contemplated and intended a repeal. "Dillon on Municipal Corporations, section 64, is to the same effect, also In Re Commissioners of Central Park, 50 N. Y., 49S. The supreme court of our state haa declared the same rule. "In the case of State vs. Sturgess, 10 Or. 58, at page (2, the court says: 'A general statute will not repeal a particular atatute previously enacted simply because ft contains Inconsistent provisions.' In re ah Hoy, the court by Hen, Justice, says: 'General leg miatlon on a particular subject must give way to special legislation on the same subject.' "In the matter under consideration the facts are that In pursuance of law, the state of Oregon holds annually an agrkultural fair. The state owns the grounds upon which the fair Is held, and the legislature baa provided oy law ror a commission to superln tend the holding of the fair and have charge, care and custody of the prop erty of the state connected therewith. and by the law of 1901, above referred to, for the purpoae of deriving reve nue for defraying In part the expenses or said fair, authorised the said board of commissioners to Issue a license per muting sny business to be conducted upon said fair grounds during the hold ing of the fair, Including the sale of liquors as above stated. In June. 1904. a local option law was passed and In November an election was held In said Chemawa precinct, at which It was voted no Intoxicating liquors should be sold within its boundaries. "Section 1 of the local option law y.v.iuca lum; A SUDQJVlSiOn or a county within the meaning of this act may contala two and as many more en tire and contiguous precincts as may desire to Joint together in a petition for election and in an election as by thla act provided, but In no case shall any part of any precinct less than the whole of such precinct be included In any subdivision or district In whfch such election shall be held. Such sub division of a county or a precinct of county, may embrace in Its limits Incorporated towrui and cities and por tions thereof, or may consist of the whole or a portion of an Incorporated city or town, or may lie partially with out an Incorporated city or town.' De rect reference Is made to the Incorpo rated cities or towns, plainly Indlcat Ing that the act was Intended td apply to them, but nowhere In the act la any reference made to the state board of ag rlculture, nor do I find anything In the act which would Indicate that the law waa Intended to apply to tht state fair grounds, during the holding of the lair. "Section. II of, the act .provides fftr (C6ntlnued on Page Four.) . HIGH T iiini Sisters' Sale Don't Go with 0. R. & N. HOLD-UP TACTICS USED Fourteen Men Working to Estab lish Nine Points of the Law. AN INJUNCTION TAKES TIME Carpenters Work Overtime to Build Foundation for a House and a Damsfls 8uit in th E.arly Morning, VICTORIA SOLD OUT Great Northern Withdraws From Northern Town. CANADIAN PACIFIC CONTROLS Business Men of British Columbii Town Ar Victims of a Railroad Deal Mush Excitement Over It Victoria, B. C. Dec. 9. T. W. Pat erson, M. P. P., announced to the Vic toria board of trade at Its meeting last evening that he had the best authority for telling them that the Great North ern Railway Cpmpany had decided to Ithdraw from this city and would abandon all their interests here within few months. Also that the Canadian Pacific Railway Company is now ne gotiating with the Alaska Steamship Company of Seattle for the withdrawal of the steamer Thatom from the Victoria-Seattle route, on which It plys In opposition to the steamer Princess Beatrice, operated by the Canadian Pacific Railway Company. This would, as Mr. Paterson pointed out, give the Canadian Pacific Company a complete monopoly of the freight and passenger traffic to and from Victoria. The an nouncement made. a profound impres sion on the members of the board. many of whom are Inclined to take the matter most seriously as shutting out this city from healthy competition hitherto enjoyed, owing to the exist ence of other routes than that of the Canadian Pacific Railway Company. Mr. Paterson Insists that there is no doubt about the correctness of his statement. Some leading business men who were seen tonight on the question view It with something like alarm. On the other hand the Canadian Pacific Railway Company is spending huge sums here on Improvements of various kinds and the city council and citizens have the assurance of the company's business on the Pacific coast, neverthe less there is something very like con sternation among the business, com munity of Victoria. . - This morning at 2 o'clock, Mr. Mar- lngovlch, clamorously asked to see Dr. Tuttle, and. In company with Officer Oberg and a representative of the As torian, went to that gentleman's office. It seems that Maringovich had leased soma property from a Masonic Land Building- Association on Commercial street, adjoining the Steamboat Ex change. He had purchased a building from the Sisters and let a contract to L. Lebak to move the house on the lot he had leased. The O. R. N. Co, also claim title to the property, and. learning that Mar tngovlch had leased the; property, and waa about to move a bouse on It, they kept quiet until after midnight, when two loads of lumber were hauled to the place and a force of about a doxen men put at work erecting a building there on. At an early hour this morning, the foundation had been put In and the building partly raised, thereby prevent ing Maringovich from having his house on the property. A contract has been awarded to L. Lebak to move the house on the lot, and It had been partly moved and would have been completed this morning. Possession Is nine points in law, and the O. R. A N. Co. are In possession. Maringovich haa a house, but no place to put it It la understood that Judge Bowlby represents the Masonic Land A Building Association, and Fulton Bros, the O. R. N. Co. Just what steps will be taken today In the matter Is not known, but it s presumed the court will be appealed to to settle the difficulty. The property claimed by the company stands In the same situation aa the Logan property, and the Prael A Elgner Transfer Com pany, before the matter waa settled. Judge Bowlby was seen at 2: SO this morning by Officer Oberg and the As- torlan representative, and stated that he did not know what could be done In the matter, except" to go there and noti fy the carpenters to quit. Then, upon consideration, the Judge said he would attend to the matter in the morning, meanwhile 14 carpenters and laborers are working to establish the O. R. A N. title. RUN FAST TRAIN. To Save Time Between New York and Mexioo City. San Antonio, Tex., Dec. 9. The Na tional Railroad of Mexico in conjunc tion with the International & Great Northern, Texas & Pacific and Iron Mountain route will on January 8. 1905, put In service two record-break Ing trains between Mexico city and St. Louis, reducing the running time 15 hours for one train and 20 hours for nother. Both trains will handle malls and letters to reach Mexico city from New York and Chicago 20 hours earlier than heretofore. General von Loewenfeld. "We have inspected some of the great Industrial establishments and army posts. What we saw was wonderful I visited army barracks In almost every part of Eu rope, and a comparison would not be unfavorable to this country." QUEER YOUNQ MAN. Appropriating a Big Bunch of Money Is no Crime. Chicago, Dec. 9. William Beater has appropriated $2700 belonging to hla employers, a well-known detective agency. In doing so Begley committed no crime. These are the admissions and the de fense outlined by the young man's at torney, Joseph David, In Judge Mc- Ewen's court The attorney argued that the officials at the head of the agency had shown by their actions that they had accepted f 100 and a diamond ring aa part payment He also said the Jury could not convict the defendant, because Begley, at the time of the al leged embezzlement, was In the eyes of the law an Infant because he waa only 20 years old. and therefore In capable, under the law, of making; a contract. HANDICAP SHOOT. Indianapolis Gets the Big Meeting of Creeks Next Year. . New York, Dec. 9. The Grand Amer ican handicap, greatest of American trapshooting events, will be held in Indianapolis next year. This has been, decided here at a special meeting of the Interstate association. No definite date was chosen but the month of June was set ' and arrangements of details left to the Indiana association. The following officers , were unani mously elected for the following' year: President Irby Bennett. Memphis, Tenn; vice president, William J. Bruit. New York; treasurer, A. W. Higgins, New York; secretary and general man ager, Elmer E. Shaner, Pittsburg- Grand American handicap and tour nament committee for the year: Irby Bennett J. T. Skelley, Thomas H. Keeler, J. H. Marlln, A. C. Barrett Harvey JdeMurchey., William F. Par-. ker and Paul North of Cleveland. - JAP LINER SEIZED Government Commandeers the Steamer America Mara. SAILINGS WILL BE CHANGED Co-operative Shipbuilding Yard the ' Latest Project for Union Labor " Leaders in the City of New York to Consider. San Francisco, Dec. 9. News was received her today that the Japanese liner America Maru of the Toyo Ktsen Kalsha Co., has been commandeered by the Japanese government and will be placed in commission as an auxiliary cruiser. She waa scheduled to Lave Yokohama today for this city.' As a result of the liner being taken from the route no vessel of the line ' will sail from here for the orient on January 8,' as has been scheduled. ' New "Port of Call; " San Diego,. Cat., Dec: 9. It Is an nounced that as a. result of the heavy'1 trade to Southern California the Amer ican-Hawaiian Steamship Company has decided to make San Diego' a regu lar port of call and that there will be ' a more frequent service in the future. Two of the company's ships are In the 1 harbor unloading freight and ' two more ships are on the way from New York. CONGRATULATES U. S. German Officers Speak Well of Our Institutions. New York, Dec. 9. Major General von Loewenfeld and Major Count von Schmetlow of the Germany army, who represented Emperor William at the unveiling of the statue of Frederick the Great In Washington, have arrived here after a tour of the east and middle west and will start for home Saturday. "We have had a most delightful ex perience of American hospitality," said To Bridge Straits. Sacramento, Cal., Dec. 9. The Sac- " ramento Union says today that plans for. bridging Carquinese Straits, per-" fected by the Southern Pacific, are in the hands of Col. W. H. Heuer of San Francisco for transmission to" the war " department for approval or rejection. The bridge is planned' to span 'the straits from the Nevada dock to Fifth street, Benlcla. It will be a draw bridge ' over a mile In length and will reduce the running time between Sacramento and San Francisco 20 minutes. ' Loo-Loos Best Taooma. ' . Los Angeles, Dec. 9. Los . Angeles v beat Tacoma today by a score f 1-9.. "...