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About The morning Astorian. (Astoria, Or.) 1899-1930 | View Entire Issue (March 10, 1908)
33rd YEAR. NO. 60 4,o m OREGON, TUESDAY, MARCH 10, 1603 PRICE FIVE CENTS LOVER COURT SUSTAINED Supreme Court Decision Handed Down. DENIES A RE-HEAWNG V Schmitz Said He Clamed He Was Removed From '.Office and Railroaded to Prison. ALSO NULLIFIES RUEFS PLEA Pretumptlont Are AU In Pvoff of Innocence, and II Facta 8tted May or May Not Constitute CrimePre sumption la no Crlma is Charged." SAN FRANCISCO, March 9.-In the auprcma court, an unanlmout vote n handed down the decision deny ing the application o( the proiecution of the San Francisco bribery graft ciei for a re-hearing of the decision of the district court of appeal In the cate of former Mayor Eugene E. Schmita. convicted of extortion In the French restaurant caset. Without a dissenting vote among the seven justices, the court tustained the ap pellate court in it'i decision that the indictment upon which Schmita was convicted wai defective In that it did not avert that Schmita wai May or; that Rucf, hla co-defendant, waa a political bona practically in control of the city; that at auch they were In a position td exercise power and un due influence over the police com missioncrs and that it did not show that Schmita resorted to unlawful meant in threatening to hove their liquor licenses withheld. "The decision demonstrates," said Schmi; "That the highest court In the State believes what I have always reclaimed, that" I wai removed from I Xuffice and railroaded to prison." Y WB decision practically nullifies 1 RucTt olea of guilty to . the same - - . . charge; invalidates the remaining four extortion indictments against Schmita and Ruef. and will enaole Schmita to gain his liberty on bail, after eight months' confinement In the county jail. One paragraph of the decision says: "It la an elementary principle of criminal law that an Indictment must show that a crime has been commit ted. In no case can an Indictment be aided by Imagination and presump tion. The presumptions all are in favor of innocence, and if the facts stated, may or may not constitute a crime, the presumption is that no crime is charged." KING ON A JAUNT. CAMPAIGN MANAGER DEAD. NEW YORK, March 9.-W v T. Manning, who was campaign, 9 ager for former judge' Alton B. Parker in the latter s canvas for the presidency in 1904, and later managed the campaign In this state of Lieutenant Governor Chanter, died of pneumonia yesterday at his resi dence In this city. Mr. Manning was born in San Francisco and following his graduation from a western unit versify wai for number of years engaged In newspaper work. He con tracted pneumonia during, a trip through the Southern itatei last fall and since then hat been In ill health. " . .. ' f. ,,,, l HIGH 8PEED ON A CURVE. PORTLAND, March 9. -High speed on a curve caused a wreck on the O. R. it N. train No. 6, near Pendleton. March 4. according to the findings of the Oregon Railroad Com- misison which held an official investi gation today. The apeed limit under such conditions is 25 miles an hour The train crew was dismissed from the service as a matter of discinline The crew would not admit the speed exceeded 25 miles an hour. IV I lr y! nnrrniu ! :m ...... miv QUESTION DIED FROM LOSS OF BLOOD SPOKANE, March 9.-Eugene S. Weire. of Belmont. Wash., died in a hospital Saturday from a hemorrhage from the nose which commenced last Tuesday from some unknown cause. Five physicians failed to stop the flow of blood, which resulted in hit death. LETTER IS PRIVATE Emperor William's Letter Not to Be Published. THE INCIDENT IS CLOSED The London Times Charged That Hit Majesty Attempted to Influence Legislation in the Matter of the Naval Eatimatea of Great Britain. MADRID. March 9.-King Al phonso left for Barcelona shortly af ter fi o'clock' this evening."'" He will nend two days thereleaving Bar ersn at 5:30 Wednesday afternoon. of the Spanish ministry oppos ed his going while others were of the opinion the danger of his visit was greatly exaggerated. The king him self was not to be dissuaaea. EXPECTED MARCH 12TH. WASHINGTON, March 9. It was In the navy department today that Evans' fleet which has , made such splendid progress irv. Callao will reach Magdalena Bay by It was said at the depart ing that the question of theneet jffLnW At a Japanese port was not even under consideration. . LONDON, March 9.-The king has decided to keep private the per sonal letter written by Emperor Wil liam to Lord Twcedmouth, first lord of the admiralty, in which it was charged by the London Times, his majesty attempted to Influence legis lation in the matter of the naval esti mates of Great Britain. How this decision which was announced from both Houses of Parliament this even ing will please the country remains to be seen, since A. J. Balfour, speak ing for the opposition, endorsing the policv of the cabinet, it may be pre dicted that the public .may consider the incident closed. The character of William's letter is now generally understood, the specific passage is be lieved to be in reference to Lord Tinner, that he had better occupy him self with drain pipes and keep9 his hands off the navy. Lord Esher was engaged in improving the drainage system of Windsor Castle wnen wu liam was there recently. Inner History Is to Be Made Public. AMERICA AND ENGLAND Were on the Verge ot War In the Forties of tee Last Century. POINTS WILL BE CLEARED UP Lord Aberdeen After Insisting the Columbia River aa the Boundary But Later Admitted the Contention that 49th Parallel be the Line. LONDON, March 9.-The inner history of what is known at "The Oregon Question" which brought America and England to the verge of war in the 40'a of the last century is about to be given to the, public Professor Joseph Schaefcr, of the University of, Oregon is now in Lon don gathering material. He hat al ready had access to the correspond ence on the subject in the archives of the state department at Washing ton and the America embassy at Lon don and now is going over the papers in the Colonial and foreign offices. It is expected that many point! will be cleared up especially the question which Lord Aberdeen after insisting that the Columbia River must be the boundary line, changed his views and drafted a treaty admitting the con tention of the Americans that the 49th parallel be the proper line. Schaefer is inclined to believe that the influx of Americans who outnumbered the British influenced the foreign minis ter in conceding 'the American claims in opposition to the Hudson Bay Company which urged that Great Britain should not surrender a foot of territory. CONEY ISLAND OPEN. NEW YORK, Marc 9,-Coney Isl and. New York's popular ocean side resort, was unofficialy opened for the season yesterday, over 25,000 persons taking advantage of the comparative' Iv mild atmosphere to visit the 0 beaches in the vicinity of which nu merous "side show" men were found making bids for business. The new six scenic railways that began opera tions yesterday were well patronized as must of the other "attractions' which had been prepared for the crowd. The openings of Luna Park, Dreamland and the new steeplechase park not having been announced to take place until April. TROOPS ARE BACK. PROPHECIES SAN FRANCISCO, March 9-Two companies of the Twenty-second Regiment of Infantry, U. S. A., which have been on duty at Goldfield and which were ordered by the War De partment to leave on March 7, ar rived at the Oakland Mole yesterday. Company I went to its former station at Fort McDowell, and Company H, pursuant to recent orders, proceeded to the Presidio of Monterey. OF STEVENS Former Engineer of Pan ama Canal. IT WILL BE A FAILURE Says Coal Is Fast Diminishing and China Will Be Source of Supply. COMPLETION OF CANAL 1915 BAILEY OF TEXAS "fcX , eve HENRY BOSCH DEAD. CHICAGO. March 9. Henry M. rtnsrh. a leader in the wallpaper, paint and oil business in the United States, died yesterday at the August Hos pital. Mr. Bosch was born January 2S. 184S. in Amsterdam, Holland, and came to Chicago at the age of 22. In 1903 he purchased the business of the Alfred Peats Company in New York, Chicago and Boston. CROPS BADLY DAMAGED. OKLAHOMA" CITY, March 9.- Ice former here last night, the ther mometer standing at 28 below zero this morning. Many peach, apricot and plum trees are in ful bloom and the crops were badly damaged. Makes Great Speech Against Al- drich Currency Bill. SHIPS AT AN OILER. SAN FRANCISCO, March 9.- Fired bv an ambition to master the difficulties of handling a large ocean vessel, George C. Beckley shipped Thursday morning as an oiler in the endue room of the steamship Maunekaia, which was built , at the Union Iron Works by his father, Admiral George C, Beckley, and which Is now making its ; maiden cruise to Honolulu. After his college days Beckley de termined to follow the career of his father. When the building of the Maunekaia was begun at tne union Iron Works he joined the men in overalls and stuck to his task, delv ing into the manifold problems of engineering and mechanics that con front builders of big ocean steamers. Last Thursday the Maunekaia sailed from Honolulu in the service of the Island Navigation Company with which his father is closely connected Becklev is in the engine room, work ing as an oiler and watching the ma: chincry he helped to construct. 1 EVANS HEARD FROM. v . Word was received at an early hour this morning that the wireless station at Point Lobos was in communication with the battleship Connecti- cut, Admiral Evans' flagship. Tillamook Head will com- municate with the fleet today. PRISONERS PARDONED. Stevena Saya Idea of Canal Being of Great Value in Time of War is NEW YORK. March 9.-A special Absurd Believea it Would Have cable dispatch to the Herald from Been Better to Put Money in Shipa Port Au Prince. Hayti. says that President Nord Alexis has pardoned al the persons connected witn tne ... .,.., . - . . v t r,inn wWh tnk reWe NEW HAVEN, March 9.-John F. in the American consulate at Port du J Stevens, vice-president of the New Paix. York, New Haven & Hartford rail road and a former engineer of the Panama Canal, issued a statement re garding the latter enterprise which proohesies the failure of the under taking. He says the canal will not help the United States in our trade with South America as practically all the inhabitants of the southern conti nent are east of the Andes and that our commercial relations with the islands of the Pacific and the far east will be little benefitted. Our coal Rrnnii nr nun lom i ne c and wheat centers are inland and once A aiunwi ur luuu nrrmuac . . , . on the rars wil, it not be cheaper to ship to the Atlantic than ship to the east by way of the Iianaa iiltftl at v-wuav vs. awiiv uuvvu; to ports of the Pacific Coast and M I. . . . Materials ana supplies wr rm i then on board ship, f urthermore Canal be Carried in American Ships Stevens believes our coal supply is Not to Apply to Gulf Porta. I fast diminishing and that China will be the source of our . future coal supply. Siberia is the wheat country of the future with India a close second. c... .u. i .:n - - . I : Elevens uiaimauia uic vaiiat iviii finance committee which reported the 1 not meet the expenses and will cost Aldrich currency bill, todav licld the I more than is expected. He fixes Ian- attention of his colleagues and visi-1 uary, lyis, as the date ot tne compie tora to the Senate for over two hours I tion of the canal. He says the idea in a speech in opposition to that I of the canal being of great value in measure. A storm of applause greet! times of war is absurd. He believes ed him at his conclusion. The Sena-J it would be far wiser to put the tnr nn both sides of the chamber I monev the canal will cost into a and the members of the House crowd-1 greater navy ing around to congratulate him. The Senate spent over am hour de bating the Frye bill providing ma terials and supplies from the United States for the Panama Canal to be transported only on American ves sels. An amendment by Foster, of Virginia, providing the restriction should not apply to Gulf ports, or any part of the United States from which vessels of the United States codul not be secured for the trade, xuaa accented bv Frve. Fulton Of BASE BALL GAMES. LOS AXCELES Mar. 8 Arcnrd- ing to an informal agreement entered into to-day between Manager Chat. A. Comiskey of the Chicago Ameri can League Baseball Team, and Man ager Henry Berry of the local team of the Pacific Coast League, the Chic ago Americans will hereafter visit this city annually for spring practise. Manager Cromiskey hat expressed himself at well pleased with the re ception accorded him. . . The first team of the visitors will play Monday and Tuesday in San Diego, and will return Wednesday tor another gamein this city. On Thurs day the first team will go to San Fran cisco and on the following day the locals will begin a series with the second Chicago American team, play ing Friday, Saturday and Sunday and ?ir the following week with the. ex ception of Monday, v .-- VANDERBILT 'FINED $100. NEW YORK, March 9,-Wm. K. Vanderbilt, Jr., was arrested yester day for speeding his automobile at the rate,' the policeman who arrested him, said, was 30 miles an hour. Mr. Vanderbilt was taken to a police sta tion and gave bail of $100 for hit ap pearance to answer to the charge. WASHED OVERBOARD. SAN FRANCISCO, March P. August Gustaf son, a sailor, was washed off the deck of the schooner E. T. Hill during a storm on Feb ruary 28. off Coquille River. His death was reported upon the arrival of the vessel here last night. WASHINGTON, .March 9.-Sena- tor Bailey, of Texas, a member of the NEW CABLE CHESS TEAM. ' 9. Twelve Mar. YORK, men as candiates for places on the American team for J the cable chess match between America and Great Britian to be contested , Friday and Saturday of this week have been named by the Cable Match Commit tee of the Brooklyn chess club They are: Eugene John F. Barry, Boston; V 19 ovvvjivu j - ; I - - rt T crht I Delmar. New York; Albert U. Fox, to have the amendment extended to Washington; Hermann Helms, New .i.. t,,k Pofi m1 Southern At- YarK; AlDert a. mages, auuen is RESISTS OFFICERS Negro Barricades Himself in a Small House. UNLAWFULLY CARRYING ARMS When the Officer Walked up to the Door and Called For the Negro, he Began Shooting at Them With a Revolver Officers Returned Fire. WAXAHACHIE, Texas, March 9. Barricading .himself in a small house on the Gibbons farm two miles south of Rocket, a negro named Will Williams yesterday made a desperate effort to resist arrest on a charge of unlawfully carrying arms. Constable McAlpine and Deputy Sheriff Hick man went to the negro's house to arrest him. When the officers walk ed up to the door and called for him the negro began shooting at them with a revolver. The officers ex changed shots with him until their ammunition was exhausted. When help arrived the house was riddled with rifle bullets. A charge on the , house was then made and the door was broken open. Williams and a negro woman were found lying dead on the floor. The opinion of the of ficers is that Williams killed the woman and then turned the gun on himself. lantic coasts respectively but were unsuccessful. The resolution will be taken up on Wednesday. DRUMMERS AND MILEAGE. land: Clarence S. Howell, London (formerly of Brooklyn) Frank J. Marshall, Brooklyn; Mordecal Mor gan, Philadelphia; Jackson W.Solter, Georgetown, Ky; S. L. Stadelman, Philadelphia; Herman F. Voight.l Philadelphia; Geo. H. Wolbrecht, St Louis. Onlv ten of these will parti cipate as the opposing team are limi- The NEW YORK. March 9. Uniting other bodies of com' lllCri.ltU HtttviviB - - I ivu fcvj umv """" similar action, the America Traveling contest will be for the Sir Geo. New- Men's League of this city will sendees trophy, trwtAv a delegation of five men to Washington to appear before the house committee on interstate com merce in an argument for the passage of the Sulzer bill which provides for a uniform 2 cent railway rate all over the United States when at least 1000 miles of passage "is bought at one time. CLOSE PUBLIC SCHOOL. WELLSVILLE, O., March 9-The large public school at Empire, O., has ben closed by direction of Mayor Griffin until alterations and fire es capes have been put on all the schools. JURY SECURED. DENVER, March 9.-At"S:20 this evening the 'jury secured to try. Guisseppe Alia, charged with the murder of Father Leo Heinrichs. The entire session of the court was taken up with the examination of talesmen. The court adjourned until tomorrow morning. It is believed the rest of the trial will not occupy more than two days, and it is not im possible for the case . to go to the jury tomorrow night CONGO BLACKS IN REVOLT. ANTWERP, March 9.Mail re ports received here from the Congo Independent State declare that the Issages and Dechares blacks, up the Upper Sanga River, in the French Congo have revolted.