The morning Astorian. (Astoria, Or.) 1899-1930, September 28, 1907, Image 1

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Judge Wolverton Renders t De
cision and Brings RacePro
blemto Portland.
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
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,
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.
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. ' .'' .
Seattle Police Chief Believes he
Has Missing Men.
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.
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
Rivers and Harbors Improve
ment Booster Makes a
Rousing Speech.
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-
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
"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.
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
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.
Andalusia. Wine Crop In Spain
is Ruined by Heavy Rain
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. .
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.
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.
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. ' - , ' " "
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. .
Negro Informs on Another to Save
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.
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. .- ' '.
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
Italians Priest and Number of
Converts Are Killed.
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.
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.