Jttocitif UfJLISMM FULL AttOOIATtO frlM RBPOflT UOVIR THK MORNINQ flKLO ON THB LOWER OOLUMBIAil VOLUME LXI NO. 322 ASTORIA, OREGON, WEDNE&DAY. DECEMBER 5, 1906 PRICE FIVE CENTS CLIFTON DESTROYED i Swept Out of Existence In a Terrible Flood. ; MANY LIVES ARE LOST Concentrator Dam Gives Away Precipitating tireat flood on the City. ALL BUILDINGS DESTROYED Saloon Washed Away, Currying Sv- oral Men Into th Torrent and All Ars Bllvl Hava Bnd Drowned. BISBEE, Arta. Dee, 4 One of tho worst flooda In tha history of Clifton cam down th Ban Francisco river nA flume Creek lnt night. The Chaae creek rune through , the prln clpal bualneae section of the town, which waa almost completely ruined. From eeven to twenty person are re ported to have lost their Uvea. 'One woman was caught In falling bulld Inf and killed. A saloon' which waa washed awny, carried several men Into the torrent and they are alt believed to have been drowned. A woman and a child In a restaurant were killed, the restaurant being entirely demol Irtwd and wanned away. A Urge num ber of small frame buildings In which ' people were known to be living were also doatroyed, and It la known that a number of fnmlllea perished. A meaange from the operator at 8olomanvlllo, Aria., reporta that eigh teen are dead, at Clifton, but glvea no detalla of the property damage which la believed to be great. One half of the town la practically deatroyed. Up to a late , hour tonight nothing con firmatory of the Clifton dlanetor haa been received, except private dl: patohea aent from one friend to an other, One of theae anld: "Half, of Clifton la doatroyed. I n mO. , K." Numerous Inqulrlea have been direct ed to the acene, but they are unavail ing. It ,1a believed the dlaaater un doubtedly occurred. The latcat moaaago received at Phoe nix tonight from Tucaon, aays the town of Clifton la half destroyed. The report states that between fifty and alxty Uvea have been lout and all prevloua reporta have been con firmed. The concentrator, dnm which gave way, precipitating the great flood upon the town waa constructed en tirely of earth. The dam waa carried away two years ago aa a result of awpllen atreama and a number of per aona were drowned. FLOOD IN COLON. Charges River Roaches Highest Point In History. COLON, Panama, Dec. 4. TJip to last night ten Inches of rain haa fall en In Colon during the pnat twenty four houra. The Charges rlvor has reached the highest point ever known and la atlll rising. One bridge was carried out and Matachln la under five feet of water. Communication with Panama la ahut off and work on the canal haa been suspended, COMMITTED SUICIDE. Two Girls Leave This World by the Gaa Route. PORTLAND, (Dec. 4. Ida and Min nie Hill, sisters, were, found asphyx- luted In their room hero by Hilda Hill, another alater, when aha re turned from work tod The dead glrle left a note r' cwell, but did not etate t $fc ,na tor their act. Hilda ,.dood Samaritan Hospital, r 'jft '"n hyaterla and nothlna"'," y ascertained regarding the f 0 "nr lhan thejr cmc tf0m the V ybout a month ago and were plainly In straightened circumstance. ; ' LEE DILLWORTH. PITTSBURG. Deo. Lee Dill- worth, GJ yeara of age, a bachelor member of one of the moat wealthy famlllea of Plttuburg, committed aul rid today by ahootlnr. No cauae la aealgned, SPECIAL MEETING. WASHINGTON, Dec. 4. Senator Clark of Wyoming, chairman, haa called 4 epeclal meeting of the sen ate Judiciary committee for tomorrow to conalder the nomination of Attor ney Oenoral Mood, recently .' ap pointed aa aaaoctat Juatlce of the aupreme court TOWN WASHED AWAY. Town of Clifton, Arltona, Swept Out of Exlsteno. EL PA80, Dec 4. Prom Informa tion received hero late tonight, tt la believed that the town of Clifton, Arltona, haa been practically waahed away. The Cooper Queen hotel haa been awept away by the flood and at leant fifty peraona have loat their live DEMOCRATIC LANDSLIDE. L08 ANGELES, Dec, 4. Partial re- turna at midnight Indicate the eleo tlon of A, C. Harper, Democrat, for mayor, and the entire Democratic ticket by S.OOO plurality. NEW CHIEF OF POLICE Chief Dinan to Be Removed from Office in San Francisco. NEW CHIEF TUBE APPOINTED 8everal Prominent Gentlemen Named for the Important Poaltlon, to be Made by Board of Polioe Commiaalonera. SAN FKANC1SCO, Deo. 4. The Chronicle today aays: Chief of Police Dlnan la elated for removal from office by the Board of Police Commissioners at Its meeting tonight, And It Is not unlikely that the action of the commission will amount to absolute and permanent re moval from office, with the speedy ap pointment of a new chief at the head of the department Among the. men under consideration for ha Important post are two army officers, General Woodruff nnd Colonel Coolldge, both well known residents of this city for many years,' Captain John F. Seymour, now head of the de tective bureau of Wells, Fargo & Co. Express( who waa former captain of the detectives In the local police de partment, la also mentioned as a pos sibility. If the commissioners go outsldo of the department to find a successor to Chief Dlnan, it is under stood that one of these three will be chosen, provided the selection la not prevented by any legal obstacle; ', President of the Police Commission W. H. Leahy yesterday morning an nounced definitely that if the board of police commissioners could within its rights remove Chief of Police Dlnan for the Indictment returned against him, he would vote for removal. Lea hy's announcement came with more significance because of the fact that he has long been supposed to be one of Dlnan's chief supporters. . i PRESIDENT ROOSEVELT DELIV ERS ANNUAL MESSAGE Opposes Contributions by Funds to Be Used FAVORS ABOLISHMENT Calls Attention of Congress to Southern Lynching for Alleged Crime of Rape Sometimes an Excuse for Lynch Law for Petty -Misdemeanors Inciting Mobs to Crimes. QUESTION OF CAPITAL AND LABOR DISCUSSED AND CONSIDERED PRE8IDENT FAVORS LAW MAKING EIGHT HOURS A DAY'S LABOR ON ALL PUBLIC WORKS AND CALLS ATTENTION TO THE NECESSITY OF A LAW FOR THE PROTECTION OF CHILDREN EMPLOYED IN FACTORIE8j ALSO FAVORS EMPLOYERS' LIABILITY LAW. WASHINGTON, Deo. 4. President Roosevelt's message occupied the at tention of the Senate for two houra 'and a half today to the exclusion of nearly all other bualneas. The mesaage to m follow:' To the. Senate and House. of Repro tentative: . Aa a nation we atlll continue to en Joy a literally unprecedented proaper Ity; and It is probable that only reck less speculation and disregard of legi timate business methods on the part of the buslneaa world can materially mar this proaperlty. No Congress In cur time haa done more good work of Importance than the present Congress. There were se veral matters left unfinlahed at your last session, however, which I most earnestly hope you will complete be fore your adjournment I again recommend a law prohibit ing all corporations from contributing to the campaign expenses of any par ty. Such a bill haa already peat one Houae of Congresa. Let Individuals contribute as they dealre; but let us prohibit In effective fashion all cor porations , from making contribution for any political purpose, directly or Indirectly. Another bill which haa already past one Houae of Congress and which It is urgently necessary should be enacted into law la that conferring upon the Government the right of appeal in crlm lnal cases on questions of law. This right exists In many of the States; It exists In the District of Columbia by act Of the Congress. It la of courae not proposed that In any case a ver dict for the defendant on, the merits should be set aside. Recently In one district where the Government had In dicted certain persons for conspiracy to obtain rebates, the court sustained the defendant's demurrer; while In another Jurisdiction an Indictment for conspiracy to obtain rebates has been sustained by the court, convictions ob tained under It, and two defendants sentenced to Imprisonment. ' . I have specifically In view a recent decision by a district Judge leaving railway employees without remedy for violation of a certain so-called labor statue. It seems an absurdity to per mit a single district Judge, againBt what may be the judgment of the Im mense majority of his colleagues on the bench, to declare n law solemnly enacted by the Congress to be "un constitutional," and then to deny to the Government the right to have the Su preme Court definitely decide the ques tion. 1 It Is well to recollect that the real efficiency of the law often depends not upon the passage of acts aa to which there la a great public excitement, but upon the passage of acts of this nature aa to which there la not much public Corporations to Campaign in National Elections. OF LABOR INJUNCTIONS excitement, because there la little pub lic understanding of their Importance, while the Interested parties are keenly ' alive to the desirability of defeating them. The Importance of enacting ln- ( to law the particular bill In question j la further Increased by the fact that j the Government haa now definitely be gun a policy of resorting to the crlml s nal law In thoae trust and Interstate i commerce cases where such a course i offers a reasonable chance of success. In my last message I suggested the enactment of a law in connection with the Issuance of Injunctions, attention having been sharply drawn to the mat ter by the demand that the right of applying Injunctions In labor cases should be wholly abolished. It Is at least doubtful whether a law abolish ing altogether the use of Injunctions In such cases would stand the test ot the courts; In which case of course the legislation would be Ineffective. More' over, I believe it would be wrong al together to prohibit the use of Injunc tlons. It la criminal to permit sym pathy for criminals to weaken our hands In upholding the law; and if men seek to destroy life or property by mob violence there should be no lm palrment of the power of the courts to deal with them In the most summary and effective way possible. But so far as possible. the abuse of the power should be provided against by some such law as I advocated last year. In this matter of Injunctions there Is lodged In 'the hands of the Judicary a necessary power which Is neverthe less subject to the possibility of grave abuse. It is a power that should be exercised with extreme care and should be subject to the Jealous scrutiny of all men, and condemnation should be moted out as much to the judge who fails to use It boldly when necessary as to the Judge who uses It wantonly or oppressively. Of course a Judge strong enough to be fit for his office will enjoin any resort to violence or in timidation, especially by conspiracy, no matter what his opinion may be of the rights of the original quarrel. There must be no hesitation in dealing with disorder. But there must like wise be no such abuse of the injunc tive power as Is implied In forbidding laboring men to strive for their own betterment In peaceful and lawful ways; nor must the Injunction be used merely to aid some big corporation In In carrying out schemes for Us Own aggrandizement. It must be remem bered that a preliminary Injunction In a labor case, If granted without ade quate proof (even, when authority can be found to support the conclusions of law on which It Is founded), may of ten settle the dispute between the par ties; and therefore If Improperly gran ted may do Irreparable wrong. Yet there are many judges who assume a matter-of-course granting of a preli minary injunction to be the ordinary and proper judicial disposition of such cases; and there have undoubtedly been flagrant wrong committed by Judges In connection with labor dis putes even within the last few year, altho I think much leas often than in former year. Such Judge' by their unwise action Immensely 'strengthen the hands of thoae who are striving entirely to. do away with the power of Injunction; and therefore such, care less use of the Injunctive) process tends to threaten its very existence, for If the American people ever become con vinced that this process la habitually abused, whether in, matters affecting labor or In matter affecting corpora tions, It will be well-nigh Impossible to prevent its abolition. " T In connection with the delays of the law, I call your attention and the at tention of the Nation to the prevalence of crime among us and above all to the epidemic of lynching and mob violence that springs up, now In one part of our country, now In another. Each sec tion, North, South, East, or West has its own faults; no section can with wisdom spend Its time jeering at the faults of another section; tt should be busy trying to mend its own short comings, To deal with the prime of corruption it Is necessary to have an awakened public conscience, and to supplement this by whatever legisla tlon will add speed and certainty in the execution of the law. When we deal with lynching even more Is necessary. A great many white men are lynched. but the crime is peculiarly frequent In respect to black men. The greatest existing cause of lynching la the per petratlon, especially by black men, of the hideous crime of rape the most abominable In ail the category tof crimes, even worse than murder. Mobs frequently avenge the commission of this crime by themselves torturing to death the man committing it; thus (Continued on Page 8.) COMMITTEE WILL ACT Interstate Commerce Commission to Investigate Car Shortage. HAS COMMISSION AUTHORITY Can Exercise No Direct Power to Com pel Interstate Carriers to Furnish Adequate ' Equipment foif ' Shippers. WASHINGTON, Deo. 4. The In tentions and attitude of the Interstate Commerce Commission respecting the car shortage In the Northwest are made clear in a letter, addressed to Senator Hansbrough by Chairman knapp, which said: "The inability of shippers to secure cars ror the move ment of their traffic Is reported from various parts of the country and amounts In some sections to almost a calamity. The matter . has given the commission special concern, al though we appear to be without ade' quate authority to deal with the sit uation. We can exercise no ' direct power to compel the Interstate car riers to furnish " adequate equipment, nor are we prepared at the present time to recommend specific legisla tion on tho subject" . Chairman Knapp said the commis sion could probably award damages resulting from the failure to supply sufficient cars, but the power to do this Is not altogether certain, and he says: "It would be rather more suitable and efficient for the aggrieved Bbippera to bring their suits In the courts of first Instance. We have, however, ordered an Investigation of the matter of the car shortage and will prosecute it with the utmost dis patch. Already one or more agents have been sent to the Northwest and it is expected that hearings will take place in that region within the next two weeks." GUILTY OF MURDER C. Gillette Found Guilty of Murder By Jury. SENTENCED THURSDAY Murdered His Sweetheart Grace Brown at Big Moose Lake July II. ONLY TWO BALLOTS TAKEN Immediately After the Jury Had Bean Polled He Wrote a Telegram to His Father Announcing the Verdict HERKIMER, Dec. 4. The Jury In the trial of Chester Gillette, accused of murdering his sweetheart Grace Brown, at Big Moose Lake, on July 11th of this year, tonight returned a verdict of guilty of murder In the, first degree. Sentence will be pro nounced on young Gillette next Thurs day morning, to which time the court adjourned after the Jury had report ed. , -. ' young Gillette sat motionless In his chair as the jury was polled and when the twelfth man had responded, the stolid Indifference of the boy waa ex hibited as never before. : Leaning over a nearby table, he drew toward him a bit of white paper and taking a pen cil from his pocket wrote this mes sage: . ' , "Father, I am convicted. Chester." This is one of the earliest dispatches carrying the news of Gillette's doom beyond the walls of the court house. It went to his father In Denver. After the jury had been polled, the case went over until Thursday when Gillette will be sentenced. The Jury stood eleven for conviction and one for acquittal until the sixth ballot The attorneys for Gillette will make a motion for a new trial, preliminary to taking an appeal to the supreme) court, for alleged erros of law oc curring during the trial. This will not interfere with the sentence which will be Imposed by the court CONGRESS IN SESSION. Most of the Day Devoted to the Pres ident's Message. WASHINGTON, Dec. 4. The read ing of the President's message con sumed two houra and twenty-five min utes in the house today and was fol lowed closely by a large number of members, while the crowded galleries gave close consideration. Here and there the reading of the document was punctuated with applause and hearty hand-clapping from Democrats as well as Republicans followed Ha conclusion. During the mapor portion of reading the message, Representa tive Lacey of Iowa acted as speaker pro tern, being the first of the de feated ."standpatters" to be recog-' nlzed by Speaker Cannon. While the house waited on the secretary to the President to appear with the message, Speaker Cannon appointed Robert G. Cousins of Iowa, chairman of the for eign affairs committee, to succeed the ' late Representative Hltt He also appointed Frank O. Louden to a place on the same committee to fill HItt's vacancy. After the customary, res olutions relative to printing the President's message the : house ad journed until tomorrow.