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.)