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.