PUBUCHES rULL AS90CIATK0 PRCSt RCPOKT COVCRSTHK MORNING FIELD ON THC LOWER COLUMBIA NO. 226. VOLUME LXIII. ASTORIA, OREGON, SATURDAY, SEPTEMBER 28. 1907 PRICE FIVE CENTS CLAIMS NO LAW TO BAR ALIENS Judge Wolverton Renders t De cision and Brings RacePro blemto Portland. A', JAPS D0N7 NEED PASSPORTS Discharge Captain of Vessel from Which Two Japs Dmtrtsd to UniUd State nut Sensational Feature ox Oriental Immigration Arrives. miTLAXD, Sept. 27,-',But that U no regulation debarring th ntry of any lira not having the passport from hi boot government. It ufh a regulation exists, i an not awl or it. Thia statement was mad by Judge C K. Wolverton, of tha United State District Court, in deciding tba cat of Captain llaurlu A. Ilamet, of -th French bark St Louis, who waa fined recently by the United State Commie alowr on a charge of violating the Immi gration law prohibiting maetera of re el from landing alien forbidden ad' mission to thia country. The o grew out of the escape of two Japanese aallora from the SL Louli wio bad tlgrvm) at Kobe for th round trip, Memet'a defense era tbat the -Japan h4 no Intention of coming to thl country when they signed for the trip. Captain Uemet alto claimed that the orde kaued by Preeldent Roosevelt Wet Mai excluding Japanese, Chine end Korean from thli country was In ex oeii of bl authority. Judgo Wolverton uphold President Roosevelt's order whk'h la In substance that the President haa become satisfied tbat paporU Issued by the govern nient of Japan to cltlzene of that coun try or Korea, who are laborers, (killed op unskilled, to get to Mexico, Canada, or Hawaii, r being used for the pur poe,of enabling the holder thereof to come to the continental territory jpf the United Stat, to th detriment of labor condition therein and therefor order that each cltiren of Japan or Korea holding such passport be rafuaed ad mission to the continental territory of the United State. Tlie court, however, take exception to section "C of rule 21. lsued by the Commissioner General of Immigration, which skj if a Japanese or Korean la borer applies for admission to the con tinental territory of the United States, and present no paftsport, It slinll be presumed first that he did not have one v'litn he left Japan or Korea, entitling LI in to entry into the United States, and tncond that he did have one limited to Mexico, Hawaii or Canada. In part, Judge Wolverton taidi "It seem to me that the President lias correctly Interpreted the proviso, which mean that the order shall ex tend to and comprise such citizens of any foreign government as shnll have pasAjmrt there from or to any country other than the United State and are using such passports for the purpose of enabling the holder' to come to the United States to the detriment of hibor conditions. It does not, as I read it, extend to all citizens of the government 'issuing sueh passports, but only to citi zens of such government to whom the 'passport defined have been Issued and the president map, as he has done, re fuse, them permission to enter." Judge Wolverton says there in no dis crimination here between citizens of dif- ioront nation and that the "favored nation" clause has no place in the con troversy. Turning to section "C" of rule 41, Judge Wttlverton quotes the provis Ion of Immigration act creating the of floe of commissioner general of immigra tion and clothing him with his authority which is to carry; out the "provisions of this aot." Continuing the court said: "Thus his rules and regulations are to be designed to carry the act Into prao' tlrail effect! but he can ake no rule con trary to the spirit of the law and much less can he add to the law any pro visions excluding aliens nor already ap proved and adopted by congress," Judge Wolverton stated tbat to 'de clare beoiiuso a Japanese or Korean held no passport, or he should be deemed to bold one limited to Mexico, Canada or Tfawnll, Is illgieal and unnatural. It jrnlght as well be declined the court stated thai because the alien held no paport that ha I an Idiot op a pauper or a belonging to auy of the classes whose entry 'to this country I prohibited. Judge Wolverton ruled that tba Jap- aneM eailur would not enter improper y, and discharged the defendant, SURVIVORS REACH NEW YORK. Six Seamen :of A mart can Bark Prussia and On Pessansetj NEW YORK, SepTlTz-Survlvora of a shipwreck that stranded their on a barren rock close to 'Cap Horn,, the southernmost point of South America, tlx of the crew of th American bark Prussia arrived today on th lamport A Holt line Tennyson. They boarded the liner at Montevideo, where the BritUh teamer Oravla bad brought them from 1'unU Arena at Sandy point on a small whaler, after having spent one month and four days on 8taten bland aom mile east of Capo Horn. Four of tba crew of ten wer lost by drowning and starvation, Including the Captain, J. C. Drake, aa American, whose father 1 1 connected with th Southern Ball way, It U aid, and who was a passenger on tie Prjula, siaytd at PunU Arenas. The six survivor who arrived on tbj Tennyson were John Hunter, Brat matej Henry Stock, car penter) E. E. Relney, George Rlghter, Herman Hayn and Yakashlma Tanan aha. Captain Johnson, Edward Ham' mond, an American teaman, a French seaman who name could not be learn ed and the Japanese cook met death after the abip went to piece on the rock of? States bland. THAT BAD COAL. QUEENSTOWN. Sept. 27.-The pas sage of tba steamer Lusltanla from New York, September SI, occupied the first Ave days, (our hour, end 19 minutes, or three hours S3 mlnutee mors than the outward run. American coal was said by th engineers not to have been a atlfctry as thst used on the western trip. ' .'' . TO CATCH THE IN Seattle Police Chief Believes he Has Missing Men. HE WILL KNOW IN 24 HOURS Officers Await Arrival ol Boat at Ka talla, Alaska, on Which Covington and Burilaon Shipped to Work For New Railroad. . J SEATTLE, Sept. 27.-Chlef of Police Wnppentein suld today he believed that within 84 hour that Frank Coving ton and Charle Burilson, for whom a search is bvlng conducted, a a result of the death of Mrs. Covington, will be under arrest. The chief contends his information that the two men will arrive at Katalla tonight or tomorrow 1 correct and that they will be immediately taken' into custody!! All other olues . have been dropped by the police. Intercut in the crime remains great. Should the Alaska story prove untrue, Wappansteln says bis men will be com pelled to make a still hunt and trust to luck to obtain their arrest. BREAKS HIS NECK ON WAR SHIP. Seaman Gehring Was Practising Gym nastics on New Jersey. , BOSTON, Sept. 27. The battiloship Ne Jersey came in from target prac tice off Provincetown this afternoon, bearing the body of George F. Gehring, ordinary seaman of No. 083 East 152nd Street,, New York, who died yesterday from injuries received earlier In the week, While engaged In gymnastics Wednesday afternoon Gehring fell break Ing his neck. For thirty-six hours , lie was kept alive by a detail of his com rados through artificial respiration. " 'The' call for an ambulance at the ap preach of the New Jersey gave rise to a rumor that an explosion hnd occurred on one of the warships while at target practice. WANTS TRAFFIC Rivers and Harbors Improve ment Booster Makes a Rousing Speech. COME TO HANDLE FREIGHT John Fox on Mission of Worldwide Im portance Aski Aaaiataac to Interest Congress in Developing Waterway, to Handl Trad. "You will never get in.vthlng that you don't go after," asserted John A. Fr.x. director of the Rivers and Harbor Congress, at the conclusion of bis ad' dress la the Chamber of Commerce Vtlhllng last night. "The improvement to this great harbor and immense water' way to an Inland empire can be secured by bringing the attention of Congress to the need for appropriation. The peo ple of Astoria cap help this section by becoming interested in the Rivers and Harbors Congress work. We need their backing and that of all the cities In the United States for this grest work, and I cannot Impress this fact . too firmly upon you her tonight." Mr. Fox began his speech by a brief reference to the origin of the congress, its object and the work which it bad already accomplished in bringing home to th people of the United Statea that the development of her waterways was tbe only-solution ot the trafflo problems facing the country today. His speech aroused enthusiasm In the crowded hall. He bed all the fact and figures by memory and be delivered them at the right moment. Most of hla assertions have been published 'from time to time In connection with the work of the Con gress, but this fact did not cause his speech to lose interest for a moment. He did not refer at any length to Astoria, but pleaded for the accomplish ment of (he work of the congress by public epiritednees on the pert of all eitie on the continent. , "The country has grown so rapidly that the railroads cannot possibly turn out the requisite rollng stock to handle the traffic," he said. "They are away behind at present in spite of the fact that every manufacturing plant for rolling stock in the country is being rushed to its capacity. 'The railroads are realiiing their deficiencies In this respect and would be glad of the co-operation of waterway traffic. It ha been proven that the railroads which do business in sections wbcVe water traffic Is at its best, have bigger dividends than any other rail roads. The reason for this is that water way develop any country as nothing else does, because the securing of raw mntcnal for manufacturing purposes in- Jtr The Hornets Those. Moroccan 'policemen will' have a pretty warm time holding down their beats. France and Spain will police Morocco. News Item. crease the amount of freight of the manufacturer. "Then an 48,000 mile of wsterways In the United States which may be made navigable .for boats drawing from six feet to thirty feet of water. In ten year the appropriation of fifty or sixty mil lion dollar a year by Congress would perfect th grandest systems of water way (n th world.;' The settlement of the freight rste questions which disturb progress, would be amicably effected. They would be settled naturally and for all time. "The perfecting of a great waterway Ilk the Columbia Itlver and its tribu taries would benefit every town and city along the banks. Cheap freight nst on tffi river would cause the country to develop more than anything els possible, and the city at the mouth of the river would benefit from the in crease of traffic over this great water way, which aurpasse anything on tbe west coast." Mr. Fox illustrated by numerous statistics thst water traffic cuts rates down enormously. He was simply full of figures, which amazed tbe audience. From bis observstions, if the country bad accomplished what tbe congress is after at present, tbe United Statea would be thoroughly developed io all sections. It was a truly glowing pic ture which he painted by the water route, and caused considerable thinking after the speech ended. Ha will leave for Portland this morn, ing and will probably go to tbe Puget Sound district to agitate the movement for bringing the attention of Congress to the country' possibilities for water way development He asked that A toria be sure and send a delegate to tbe convention of tbe organization in Washington, December 4, 5 and 8, stat ing tiutt at least 3000 people would as semble in the capital to give tbe move ment an impetus which would put in on tb high road to success. In company with other members of the congress, Mr. Fox has covered over 20,000 miles of -the waterway of the country. He ia a well known engineer and ia probubly better versed in the actual situation than any man in the United State. BIG TIMBER SHIPPED. SOUTH BEND, Sept, 27.-iAnother cirlood of big timber, came n yester day. The load consisted or three pieces 30x30 Inches by 74 feet; two pieces 24x24 inches by 74 feet; three masts 70 feet long and five pieces 12x12 inche by 00 feet long. They will be shipped to Oakland on the steam schoon er Morhoffen, which has been due to an-ive here several days, and will be used in the construction of dredges and barges. COAL FOUND AT ABERDEEN. ABERDEEN, Sept. 27. While dig ging a well on the grounds of J. D. Morehead on North, F. street, the work men came across a stratum of soft lig nite soul t a depth of sixty feet lt has always ben claimed by pioneers of Aberdeen that coal and mineral exist In the hills around tbe city. ARE DROWNED Andalusia. Wine Crop In Spain is Ruined by Heavy Rain Floods. A CATASTROPHE IN MALANGA Associated Press Values Wine Crop More Than Lives Lost Continual Sains Threaten to Cause Further Eerasta 'tion in Picturesque Valleys. - MADRID, Sept. 27. The government today announced that the wine cropi in tbe valley of Andalusia bee been ruined by floods. Tbe official figure place tbe number of flood victims at 72 drowned and 68 injured. MALAGA, Spain, Sept. 27. A renewal of the rain today caused inundations and a suspension of the rescue work. The picturesque valley are covered with water. The city 1 without gas or elec tricity. The bodie of about 100 drown ed persons have been recovered In this vicinity. . NEGROES OPPOSE TAFT. Form Political Clubs to Fight Secre tarya Ambition. WASHINGTON. Sept 27.-An anit-Taft- Roosevelt movement for the ne groes of the couuuy ia causing the Taft boomers much uneasiness. The head of tbe movement is W. Cal vin Chase, a negro politician, lawyer and editor of this city. Clubs are to be secretly formed in all of the big cities and the negroes are said to be out after th political scalp of the big Secretary of War. MORE SECRET MONEYS. Treasury Officials Confer for Relieving Present Stringency. WASHINGTON Sept. 27. Plans are on foot give further secret moneys to National banks and to put the plan into operation Assistant Secretary Edwards of the Treasury Department h today in New York city conferring with Secre tary Cortelyou. It Is generally under stood that at least $.0,0000.000 has been put out under the new method of re lieving money stringency. TWO MEN DROP io STORIES. Iron Workers Fall From Girder and One o.' Them May Live. NEW YORK. Sept. 27.-dan Parise and Harry Tooley, two iron, .workers on the 10-story building the Thompson Starrett Construction Co. is putting up at Dutch and John streets, were riding on an iron girder which was heiijg hoisted to the roof yesterday afternoon when the girder tilted and they fell 10 stories to the street - Tooley'g. skull was fractured. Parise may live. ' - , ' " " PEACE DELEGATES DECORATED. United States Members Receive Favors v i-v , '' From , WUhelmina. THE HAGUE, Sept. 27.r-Queen Wil helmiihi has conferred the Grand Croos of the Lion of the Netherlands upoi M. XelidorT, Russian ambassador the France and president of the peace conference. Numerous secretaries of delegations have been decorated, including Blanch ard of the United States delegation and Stowell of Panama. . SLAYER ARRESTED. Negro Informs on Another to Save Himself. CHICAGO, Sept. 27. Richard Walton, the colored man arrested at SDrinijfleld for the murder of Mrs. Willian Grant. informed the police today that another colored man, Kichard Lemoyne,' was the actual slayer of Mrs. Grant. Lemoyne was arrested late in the afternoon. INTO CANADA FOB j YEARS. Says the Treaty Made With Great Brit ain Cannot Be Broken. OTTAWA, Oct., Sept. 26.-"Tbat treaty cannot be broken," aid Consul General Noise, of Japan today, wbea asked for an expression of opinion re- , garding tbe resolution which tbe Do minion Trades and Labor Congress for warded to Sir Wilfred Laurler. He referred to tbe Japanese treaty and explained that it was signed their months ago, was lor four years, and be use, in hi opinion, cannot be broken for at least three years yet. At tbe Trades Congress, which five Ottawa delegates are attending, a reso lution was passed touching upon the Asiatic , problem, protesting against Japanese coming to Canada, and calling upon the Premier to at once take step to have the British government give tbe necessary six-months' notice to bar the British-Japanese treaty abrogated. Mr. Isbii, the Japanese envoy, who, be been here to discuss the situation with the Premier, left this morning for Chicago. ; , While Consul-General Nosse's asser tion that tbe Japanese treaty with Great Britain cannot le broken or ab rogated for three years is said to be a fact; it is pointed out that the Cana dian treaty contained a special clause stipulating that it may be abrogated after six months' notice. .This may not be legaL' .'. However an amicable settlement of the whole immigration question is look ed for by both' sides and it is unlikely that this question will become an is sue. .- ' '. PANIC AT FIRE. CASHOCTON. Ohio, Sept 27. An ex plosion jn the dry cleaning department of the Eureka laundry and a domestic rug factory today caused a panic ejnong 30 girls employed there and many were slightly burned. One was fatally and Smother seriously hurt. The building was destroyed by fire with is loss of 150,000. A Italians Priest and Number of Converts Are Killed. OCCURES IN KIAGS1 PROVINCE Latarist Fathers Mission at Manchow ia Burned to Ground and Escaping Mis sionaries Send a Rush Telegram To Send Them Help. , SHANGHAI, Sept. 27. An outbreak of Boxerism has occurred at Nankansg sien in the southern part of .the province of KiagsL An Italian priest and a num ber of converts have been murdered at the village of Tawouties, and the Las arist Fathers' Mission at Manchow Fu has been burned. The- missionaries es- -eaped to Kia Fu, whence they tele graphed for assistance. TOOTH-PULLING EASY. WASHINGTON. Sept 27. William Bardell, American consul at Bamburg, Germany, has deported to the Bureau of manufactures the discoverv bv Dr. Radard, a Genevian dentist, that blue rays of light can be used as an anaes thetio in the extraction of teeth. . Dr. Radard claims that a complete narcosis can be obtained if the rays of a 'blue electric light are brought to bear on the human eye while all other rays of light, particularly of daylight' are kept off of It The narcosis thus obtained is so com plete that buring the same little dental operations, ueb, as pulling of filling teeth, can be executed without causing the patient the least pain. While the effect of the blue' rays is very strong, that of ; violet-blue , and green rays is less intensive and yellow er red rays, show no effect at all. The inventor is; uuablp to explain the cause of this remarkable discovery.