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About The morning Astorian. (Astoria, Or.) 1899-1930 | View Entire Issue (Feb. 1, 1908)
PU8LI8HC rULU ASSOCIATED PRKSS REPORT COVERS THC MORNING FIELD ON THC LOWER COLUMBIA VOLUME LXII1. NO. 304 ASTORIA, OREGON, SATURDAY, FEBUARY 1, 1908. PRICE FIVE CENTS HALL STILL ON STAND Cross -Examination Con- , sumed Whole Day. NEGLECT TO PROSECUTE He Admitted Writing to Senators Mitchell and Fulton Regarding Heney's Appointment VERY INTIMATE WITH LOOMIS Heney Charged Him With Neglect to Prosecute the Butte Creek Com . pany and Only Did to t the In stance of Special Agent PORTLAND, Jan. 3l.-The cross examination of Hall consumed all to day and it will not be finished before tomorrow noou. Turning from Hall's alleged neglect to prosecute the Butte Creek Land & Livestock Co., though a icore of small lettleri alongside the big company were forced to tear down their fences, Prosecutor Henry charged Hall with having neglected to prosecute the Thayer timber land frauds in West ern Oregon, and only caused these fraud to be brought before the grand jury at the instance of a special agent Hall in reply stated that the Thayer fraud were outlawed, ac cording to his interpretation of the ruling of the late Judge Deady and he to advised the grand-jury. Hall declared he did not make the trip to Washington in January, 1904, to request the removal of Heney as the snecial nrosecutor of the land Vraud cases. He admitted that in December, 1903, he had written to Senators Mitchell and Fulton pro testing against Hcney's appointment, but stated that he was naturally piqued at Hcney's being sent here. He did not make a protest through any fear that the prosecution would interfere with his arrangement with BrownelL , Hall defended his action in permit ted special Agent Loomis to appear before the grand jury in his own behalf, with the explanation that this was a courtesy extended by him to any well known' person under sus picion to give that person a chance to explain. f . ; I Jlcney, then introduced some cor respondence showing apparently that the relations between Loomis and Hall were very intimate, and accord ing to these letters, that , Hall was keeping Loomis advised of any action by the grand jury which particularly also directed the letter carriers to re frniti from the attempt to sell ticked for the coming annual ball of their organization. RUPTURED A LIGAMENT. PITTSBURG, Jan, 31.-Mis Olga Ncthersolc , played "Carmen" here last nlulit at (he Nixon Theatre while seated in a wheel chair. Yesterday the actress met with an accident, fall ing on the slippery pavement and seriously ruptured a ligament In her right ankle near the instep. She also received a severe bruise over the eye. Despite the pain and urging of her physicians, Mist Nethersole pluckily determined to appear last night The audience was notified at the beginning; of the performance, and when the actress appeared seated in a wheel chair she was given hearty applause. Notwithstanding the great difficulty the portrayal was a remarkably clear and spirited one. interested the special agent. Y FLEET SIGHTED. PUNTA ARENAS, Straits of Ma j gcllan, Jan, 31. The American battle- ship fleet was sighted off Dungeness I Point, Chile, at the entrance to the I Straits of Magellan at 11 o'clock to day. 1 I HAD THEIR SALARIES CUT. n '" , ! NEW YORK, Jan. 31. Six New I York letter carriers have had their ? salaries reduced $100 a year for solic I iting Christmas and New Year pres ents, These men, all of whom are on -''duty in the residence district, left ; cards of greeting for the people they dally deliver mail to. Complaints were k made to the postmaster, who after investigation reduced the grade of the men in question. The postmaster has FIVE MEN INJURED. PHILADELPHIA, Jan. 31.-Five men were injured, three of them ser iously by the explosion today in the shrapnel department at the United States arsenal in Frankfort in the northeast part of the city. The explo sion occurred in a drill press in a rohm in which 12 men were at work. A PARDON Gov. Chamberlain is Threatened by Utter. WOMAN ADDRESSES ENVELOPE Ml' JURY STILL OUT . S 'tMMMMMMSW Rumored Jury Were Hope lessly Divided. THAW IS DISCONSOLATE Anonymous Letter Demanding Par don of John Branton, Before Feb ruary 20th, la Placed in Dr. Chat. Chamberlain's Hands by Man. . PORTLAND, Jan. 31.-A special dispatch to the Oregronian from Troutdate states that as the east bound Union Pacific train was leaving the Portland depot tonight, Dr. Chat. Chnmbcrtnin, son of Governor George E. Chamberlain, was handed a anony mous letter demanding that his fath er pardon John Branton, before Feb ruary 20th, and it threatens if he re leased from the Oregon penitentiary and it threatens if the Governor re fuses to do so he will meet the fate of Governor Steunenberg of Idaho and former Sheriff Harvey T. Brown, of Baker county. Tje letter was dat ed January 29th, and postmarked Cot tage Grove. The handwriting on the envelope was a woman's. The letter was printed and was a labored at tempt to create the impression the writer was illiterate. Branton was sent to the state's prison from Cottage Grove, for attempting to kill a man for hip life insurance. A brother cf Pranton was hanged at Eugene about six years ago. MAY ABDICATE. VICTORIA, B. C., Jan. 31.-ocal Chinese confidently expcct an an nouncement from Peking tomorrow or within the next few days, of the abdication of the Empress Dowager. A cablegram received by the local Chinese today from an official source at Tien Tsin says: "Expect an nouncement of the abdication to com mence on New Year." .SAYS LETTER WAS STOLEN. ' LOS ANGELES, Jan. 31.-The Evening News quotes Auditor W. J. Healy, of the Santa Fe, as saying that letter from Edward Chambers to G. A. Davidson, which President Roose velt incorporated in his message to Congress today was stolen from the railroad offices. H;nley said he could not deny that the letter was written but he had never seen it ; He said he had heard of such a letter and of its loss. He did not know who stole it or how it got into the hands of Heney. - "No Body Can Tell What a Jury Will Do" Said District At torney Jerome. MAY HAVE A THIRD TRIAL Littleton of the Defense Expressed Belief That Majority Favored Ver dict of Not Guilty on the Ground of Insanity. ' NEW YORK, Jan. 31.-After wait- ing nearly 12 hours for the jury in the Thaw case to report, Justice Dowling eharUyafter 11 o'clock to night ordered the doors of the jury room locked and adjourned the court until morning. A rumor persisted in throughout the evening was that the jurors were hopelessly divided, ,and stood eight to four. Littleton, of the defense, expressed the belief that the majority favored the verdict of not guilty on the ground of insanity. Dis trict Attorney Jerome said "Nobody can tell what a jury will do, so what is the use of speculating." Thaw retired disconsolately to his cell in the Tombs. He expressed a fear that a third trial would be neces sary. This was the general opinion' held by the court attaches. Jerome would not discuss the probability of a third trial but said if there was one it might be in some other jurisdic tion of the state than New York county. Hon as to the probable recurrence of the fits of insanity which the doctors said Thaw had, suffered, evidently preparing himself for such a move. If a verdict of not guilty is rendered there is little doubt that Thaw will be sent to the asylum where he will be compelled to remain until released by judicial procedure. NEW YORK, Jan. 31,-The Thaw jury returned to the court house from supper at half past eight and at once proceeded to their deliberations. At 11:09 the court took a recess until 10:30 tomorrow morning. MAKES POSITIVE DENIAL. SANTA BARBARA, Cal., Jan. 31. President Ripley of the Santa Fe railroad today issued a statement ab solutely denying the charges con tained in a letter made public today in the special message, of President Roosevelt He says the statement that he is a party to a secret oil rate in California is absolutely false and that on the contrary he absolutely beclined to grant it. He accuses the government "As in other cases." of using the unverified charges or dis charged employes. He says the case referred to had nothing to do with the interstate commerce or with the national government GOVERNMENT SUED By noon today the fate of Harry K. Thaw will be in the hands of the jury. The lawyers have finished their sum ming up and everything is ready for the charge of the judge Justice Dow ling willNbegin his exposition of the law in the case when court convenes this morning and as soon as that is finished the jurors will retire to the stuffy little room near the court-room where the trial has been held, there to remain until they have agreed upon a verdict or until the court loses hope of their ever reaching an agreement. In his address to the jury on Wed nesday Mr. Littleton for the defense argued that there was nothing in the evidence in, the case to show that Thaw was sane when he"fired the shots that caused the death of Stan ford White. On the other hand Dis trict Attorney Jerome in summing up the case for the.pcople yesterday de clared there was nothing in the evi dence to show that Thaw was insane and everything to show that the kill ing of White was cold-blooded, pre mediatcd murder. Between these two extremes the jury must decide. They hav? between the extremes the ground for a compromise verdict of murder in the second degree or manslaughter in the first degree but any other form of verdict of guilty seems impossible under the circumstances. A verdict of not guilty carries with it, under the pleamade,' the excuse of insanity, and if it is rendered the district at torney will without doubt move at once that Thaw be committed to the Matteawan Asylum for the Criminal Insane. Justice Dowling during the examination of the alienists called by the defense asked a number of ques- Japanese Importing Firm Dispute Rate of Duty. CLAIM SAKE IS NOT A WINE DDFQinCWT'Q I I IlLUIULl! i U l MESSAGE Special Message Presented to Congress. INJUNCTIONSNECESSARY Trust Regulation, Stock Gambl ing, Liability Act and Financial ' Flurry-Prominent Points. TOP THEFT OF PUBLIC LANDS Sake ia a Light Colored Non-effervescent Liquid Containing Alcohol Varying From 17 to 22 Per Cent Made from Rice But Not Distilled SAN FRANCISCO. Jan. 31.-A case presenting a question as to the rate of duty that should be collected upon the importation of Japanese sake, which involves more than $1, 500,000, will be brought before the United States circuit court of appeals Monday by United States' District Attorney Devlin. The Japanese im porting firm of T. Komada & Com pany has brought suit against the United States to recover $1,500,000 as duty paid under protest since 1900. Sake is a light colored, non-effervescent liquid containing alcohol varying from 17 to 22 per cent, made from rice but not distilled, the alcohol contained in it being produced by fermentation. T. Komada & Com pany contend that sake should be taxed the same as beer. Prior to 1904 sake was assessed for duty as a spir itous beverage at the rate of $2.50 per proof gallon. A protest was made in that year against the classification,' the claim being made by the govern ment' appraisers that sake was duti able as a stimulant by similitude, the importers claiming that sake was not provided for in the tariff acts as a wine. ',.': , " ' ' If the government loses the case the United States will lose in the fu ture $250,000 or more eacn year by reason of the reduced rate ' which must be imposed. STEAMER GETS SCORCHED. SOUTHAMPTON, Jan. 31.-A fire broke out this afternoon in the first class smoking-room of the White Star Line steamer Majestic, which arrived from New York, and at one time it was thought the vessel was doomed to destruction. Only through the united efforts of the fire depart ment on the dock and the city bri gade was the vessel saved. With hard work they succeeded in stemming the blaze, but only after serious dam age had been done. The smoking room was badly burned and several cabins were seriously damaged. In All Matter of Interstate Com merce the Authority of the National- Government Already Exists and Does Not Have to be Acquired "To the Senate and House of Repre sentatives: "The recent decision of the supreme court in regard to the Employers' Liability act, the experience of the Interstate Commerce Commission and of the Department of Justice in en gineering the Interstate Commerce Anti-Trust laws, and the gravely sig nified attitude toward the law and its administration recently adopted by certain heads of great corporations render it desirable that there should be additional legislation . as regards certain of the relations between labor and capital and between the great cor porations and the public "The supreme court has decided the Employers' Liability law to be uncon stitutional because its terms apply to employees engaged wholly in inter state commerce as well as to employ ers! engaged in interstate commerce. By a substantial majority the courts hold that the Congress has power to deal with the question insofar as in terstate commerce is concerned. As regards the Employers' Liability law, I advocate its immediate re-enactment, limiting its scope so that it-shall apply only to the class of cases as to which the court says it can consti tutionally apply, but strengthening its provisions, within this scope. Inter state employment being thus covered by an adequate law, the field of- in terstate employment will be left to the action of the several states. With this clear definition of responsibility, the states will undoubtedly give the performance to their duty within their field the consideration and import ance the subject demands. I also very urgently advise that a' compre hensive act be passed providing for comprehension by the government by all employes injured in the govern ment service. Under the present law an injured workman in the employ of the government has no remedy and the entire burden of the accident falls on the helpless man, his wife and young children. . This is an out rage. This is a matter of humiliation to the nation that there should not be on the stateue books- provision to meet and partially to atone for cruel misfortune when it comes upon a man through no fault of his own while faithfully serving the public, "There is a special bill to which I j call your attention. Secretary Taft has urgently recommend the imme diate passage of a law providing for compensation to employes of the gov ernment injured in the work of the Isthmian canal and that $100,000 be appropriated for this purpose each year. I earnestly hope this will be done and that a special bill be passed covering the case of Yardmaster Banton, who was injured nearly two years ago while doing his duty. He is now helpless to support his wife and his three little boys. As regards injunctions, 1 can do little but re peat what I have said in my last message to Congress. Even though it were possible. I should consider it most unwise t6 abolish the use of the process of injunction. It it neces sary that the courts may maintain their, own dignity and ia order that they may in effective manner check disorder and violence. The judge who uses it cautiously and conservatively but who, when the need arises, uses it fearlessly, confers the greatest ser vice upon our people and his pre eminent usefulness as a public servant should be heartily recognized. But there is no question in my mind that it has sometimes been used heedless-, ly and unjustly, and that some oT the injunctions issued inflict grave and occasional irreparable wrong upon those enjoined. The law should ap ply to all laborers, mechanics and other civilian employes of the govern ment of the United States, including those in the service of the Panama Canal Commission and Insular gov ernments. ' " "When once an inflated capitaliza tion has gone upon the market and has become fixed in value, its exist ence must be recognized. As a prac tical matter it is thought often abso lutely necessary to take account of the grounds of innocent stockholders who have purchased their stocks in good faith. The usual result of such inflation is therefore to impose upon the public an unnecessary but ever lasting tax, while the innocent pur- , chasers of the stock are also harmed and only a few speculators are bene fitted. Such wrongs once accom plished can with difficulty be undone; but they can be prevented with safety and justice. V , "I do not know whether it is pos sible, but if it is certainly desirable that in connection with measures to restrain stock watering and over capitalization there should be meas ures taken to prevent at least the grosser' forms of gambling in securi ties and commodities, such as making large sales of what men do not pos sess and 'cornering' the market Mfn fl tntr.et t( em.ll lers and landowners, and again the embittered opposition of wealthy owners of huge wandering flocks of sheep, or of corporations desiring to rob the people of coal and timber, we strive to put an end to the theft of public land in the west . "The time has come for the strict supervision of these great corpora tions and the limitation of their stock and bond issues under some proper official. But if it were true that to cut out rottenness from the body pol itic meant a momentary check to an unhealthy seeming prosperity, I could not for one moment hesitate to put the knife to corruption. "The outcry against stopping dis honest practices among the wrong doers who happen to be wealthy is precisely similar to the outcry raised against every effort for cleanliness and decency in city government be causefi forsooth, it 'hurts business.' ,"In all matters pertaining to inter state commerce the authority of the national government already exists and does not have to be acquired, and the exercise of this authority can be in no sense a usurpation of or in fringement upon the rights of the States. I inclose herewith a statement is sued by the chief of the bureau of corporations (appendix), in answer to certain statements (which I also inclose) made by and on behalf of the " agents of the Standard Oil Corpora tion (appendix 2), and a letter of the attorney-general (appdenix 3), con taining an answer to certain state ments; also inclosed, made by the president of the Santa Fe Railway Company (appendix 4). The Stand ard Oil Corporation and the railway company have both been found guilty by the courts of criminal misconduct; both have been sentenced, to pay heavy fines, and each has issued and published broadcast these state ments, asserting their innocence and denouncing as improper the action of the courts and juries in convicting them of guilt These statements are very elaborate, are very interesting and are untruthful in important par ticulars, t (Continued on. Page 8.)