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About The morning Astorian. (Astoria, Or.) 1899-1930 | View Entire Issue (April 10, 1908)
PRESIDENT'S MESSAGE Calls Attention for Legis Uilnn An Anitvrur I THESIIORTESTMESSAGE He Transmits a Report Reviewing the Legal Phases by Attorney General Bonaparte. THE ENEMY OF ALL MANKIND No Pper Published Here or Abroad Should b Permitted in Circulation in This Country il it Propogates Anarchistic Opinions. In one of the shortcut message which he has yet transmitted to Congress, President Roosevelt today called the attention of that body to the necessity lor further legislation on the subject of anarchy. With the message he transmitted a report re viewing the legal phases of the ques tion by Attorney-General Bonaparte. The massage of the President is as follows: "To the Senate and House - of Rcprsccntatives: "I herewith submit a. letter from the Department of Justice which ex plain itself. Under this opinion I hold that existing slatutcs give the President power to prohibit the Postmaster-General from being use! as an instrument in the commission of crime, that is 10 prohibit the use of the mails for tlia advocacy of mur der, arson and treason ;and I shall act uoon such construction. Unques tionably, however, there should be further legislation by Congress in this matter. When compared with the suppression of anarchy, every other question sinks into insignifi cance. The anarchist is the enemy of humanity, the enemy of all mankind, and his is a deeper degree of criminal ity than any other. No immigrant is allowed to come to our shores if he is nn anarchist; and no paper published here or abroad should be permitted in circulation in this country if it prop agates anarchistic opinions. "Signed, "THEODORE ROOSEVELT. "The White House, April 9, 1908." Besides his direction to the Post master General to exclude from the mails such publicans as "La Ques tions Sociale," President Roosevelt in his letter to Attorney-General Bona parte asking for an opinion on the legal phase of the subject says he has the, particular case called to the at tention of the Governor of New Jer sey by Sec. Root, the governors may proceed under the state laws. The opinion of the attorney-general which the President transmits to Congress embraces the discussion of the whole subject from many angles. His first conclusion are that the articles in question which advises the use of arms and dynamite for the purpose of annihilating the police and other officials in order that an archy may prevail constitutes a "seditious libel" and undoubtedly "a crime at common law." He declares that there is no federal statute which makes such publications an offense against ths United States and that the Federal courts conse quently have no jurisdiction in the matter. That there is full power in the possession of Congress to make such publication criminal the attorney-general asserts 'and quotes Chief Justice Fuller of the supreme court ?nd Justice Field as authority. The greater portion of his opinion is devoted to the question whether in he absence of any legislation by Congre, the - postmaster-general has the right to exclude such publications. On this point his conclusion is cor? rect, , ; .,ir The postmaster-general will be justified in excluding from the mails any Uiuc of any periodical otherwise entitled to the privileges of second class nail matter which shall contain any article constituting a seditious libel and counseling such crimes at murder, arson, riot and treason." In arriving at the latter conclusion the attorney-general makes a clear distinction with reference to the au thority of postal officers over scaled and unsealed mail. In conveying let ters and newspaper to persons to whom they are directed he says the United States "undertakes the busi ness of a, messenger." He adds: "Insofar as it conveys sealed documents, its agents not only are bound not to know but are ex pressly forbidden to ascertain what the purpose of such messages may be: therefore neither the government nor ill officers can be held either legally or morally responsible for the nature of the letters to winch they thus In ignorance afford transportation. But in the case of printed matter intended for general circulation which by virtue of the statutes above mentioned, and in con secration of reduced rates at which it is transported the officers of the postofficc department have the legal right to thoroughly inspect, it seems obvous that neither these officers nor the government which employs them ciin escape responsibility for the con sequence if knowingly transporting matter which becomes and which they must know might be treasonably become a cause of crime. I'GREGQR.THE MAN Fulton Wires Ellis and Bourne Favoring Astoria Capitalist FOR COLLECTOR OF CUSTOMS Senator Bourne Says McGregor is Unknown to Him and he Will Take No Action Until He Further In vestigates. WASHINGTON, April 9.Senator Fulton telegraphed Representative Ellis today that he favored the ap pointment of William F. McGregor as Collector of Customs at Astoria, to succeed C. W. Carnahan, deceased. Representative Ellis will join Sena tor Fulton in indorsing Mr. McGreg or, but before filing his recommenda tion will endeavor to find Senator Bourne and ascertain his desires. In view of the fact that the vacancy oc curred in Senator Fulton's home town, it is believed his candidate will be accepted by Senator Bourne. In any event, Senator Fulton and Repre sentative Ellis contitute a majority of the delegation entitled to be con sulted on his appointment, and their choice is binding on Senator Bourne. Senator Bourne also received a 'telegram from Senator Fulton advis- ing him of the death of Mr. Carna han, and his indorsement of Mr. Mc Gregor. Senator Bourne says that McGregor is unknown to him, and he will take no action in the case until he has an opportunity to acquire more information. GOLD MINE PROSPECTORS. VICTORIA, B. C, April -Carrying a party of miners to develop a gold mine found on Klaskino Inlet on the West Coast of Vancouver Is land for Lieut. Gov. James Duns muir, the tug Pilot left port yester day. Prospectors who have visited the mines say there are evidences there of primitive workings, probably by Spaniards during the Spanish oc cupancy of this coast. . , , ... LIABILITY BILL PASSED Without Amendment and Without a Division. DOESNOTBAR RECOVERY Many Amendments Were Offered to the Bill but All Were Voted Down. BILL ABOLISHED COMMON LAW It Relaxes the Rule Which Makes Contributory Negligence a Defense to the Claims for Injuries and Per mits an Employe to Recover. WASHINGTON, April 9. -The bill relating to the liability of com mon carriers by the railroads passed by the House, April 6, was today passed by the Senate without an amendment and without a division. The Senate bill on the same subject was confined to railroads but covered all forms of common carriers and Senator Dolliver (ought to substitute ft -for the-House bill but his motion was defeated. Numerous amendments were offered to the bill, but they all were voted down. As passed the bill is expected to meet the objections of the United States supreme court to the liability law of 1906. The bill abolishes the strict common law lia bility which bars the recovery for personal injury or the death of an employe occasioned by the neglect of his fellow servants. It also relaxes the common law rule which makes contributory neglicence a defense to the i l: ims for injuries and permits an employe to recover. The bill does not bar recovery even though the in jured one contributed by his own negligence to the injury. The amount of recovery, however, is diminished as the negligence of the injured in creases. During the discussion of the measure there was an extended reference to campaign contributions by the railroad men and especially to the Harriman contribution to the Republican party fund of 1904. The bill is now ready for the President's signature. AMERICAN INTERVENTION. State Department Says Policy is i Hands Off. WASHINGTON, April 9. "What grounds has the United States to intervene in Hayti?" This is the response made by the officers of the State Department to inquiries regarding the reported de sire for American intervention in the affairs of the turbulent island gov ernment, That the United States has no ground to intervene is made clear here. The only exception to this would be in case American interests were put in jeopardy. The intention to keep our hands off in Hayti is in accordance with the general and broader policy which has been adopt ed to govern American diplomacy, that of discouraging revolution in the Western Hemisphere. "LOVES OLD SWEET SONG." Had Music Transposed From "C" Major to "A" Minor. CHICAGO, April 9. What amount of money a musician should receive For fifty hours spent in transposing the music of a love song by Mrs. Mc Donald from "C" major to"A" minor I was a question Judge Lantry was j called to decide yesterday. After hearing the testimony of Mrs. Mc Donald, the musician Hans Bieder mann, experts and others and the reader of the poem which gained notirely when the widow of the late Michael McDonald was arrested for the murder of Webster Guarin, the court announced' $S a fitting recom pense. Two years ago Mrs. McDonald wrote some verses entitled "I will Atone." She decided to set them to music and received the promise of a prominent vaudeville actress to sing them. Hans Bicdermann, director of a musical college,' said he- had been asked to do the work for Mrs. Mc Donald in the latter part of 1905. GASTLY EXHIBIT. Hair and Scalp of Murdered Women Displayed as Evidence OAKLAND, Cat, April 9.-The ghastly display of the scalp and hai: of a woman who had been dead for nearly a year was presented in Judge Melvin's coi -oom this morning in the trial of MarK A. Wilkins, charged with the murder of Mrs. Vcrnie Car nic Carmin, the runaway wife of L. L. Carmin, of Kansas City. The scalp and hair were exhibited by the physi cian as proof. The defendant watch ed the exhibit without an outward sign of feeling. TO BRING BACK SWINDLERS. SAN FRANCISCO, April 9.-Dc-tective Ryan will leave for Hoboken, N J., to-day to bring back Mr. and Mrs. Wm. Kluegalias Kraus, alias Meyer, who, it is charged, vitimized Fritz Plaen, an elevator man, in the Monadnock building, out of nearly a thousand dollars in January last . CAUGHT NAPPING Democrats Catchthe Republicans Off Their Guard. FORCED TO PRODUCE QUORUM The Senate Bill to Increase the Effic iency of the Revenut Cutter Service Was With Democratic Help Pass edCannon Applied Reed Rule. WASHINGTON, April 9. -Three times today in the House the Demo crats caught the Republicans napping and forced them to produce a quor um. On one other occasion the vote by tellers disclosed the absence of a quorum, but Speaker Cannon prompt ly applied the Reed Rule and secured a quorum to be present. In doing so Cannon had a brief but lively clash with Williams. Notwithstanding the repeated roll call progress was made in the transaction of public business. Both the army and fortifi cation bills were sent to a confer ence. The Senate bill to increase the efficiency of the revenue cutter serv ice was with Democratic help passed and the bill to promote the safe trans portation of interstate commerce ex plosives was considered. It will be finally disposed of tomorrow. The Democrats prevented the adoption of a conference report on the Indian appropriation bill and caused it to be sent back to a conference. At five o'clock the House took a recess until tomorrow. TRIAL OF FORD. SAN FRANCISCO, April 9.-The third trial of Tirey L. Ford on the charge of bribing the supervisors in connection with the granting of trol ley franchises to the United Railways was begun before Judge Lawlor to day. Of the 22 veniremen examined the prosecution challenged IS for cause. The defense challenged' only one. , , . HELD UP BY DESPERADOES Traveling Han Held Up by Seven Men. THE MARSHALL SHOT The Drummer Reported Facts to Town Marshall Miller Who Went to Arrest Them. ' THE FIRE BELLS WERE RUNG As the Marshal Approached, the Men Opened Fire Shooting Miller in the Hand and in the Stomach and he WiU Probably Die. TACOMA, April 9. A special to the Ledger from Kent, Wash., says a traveling man we held up just out of the town this evening by a gang of seven men. He reported the fact to Town Marshal Miller and the latter went out to arrest the desperadoes. As Miller approached the men open ed fire shooting Miller in the hand and in the stomach and he will prob ably die. The fire bells are now ring ing to awaken the citizens and an at tempt will be made to surround the desperadoes. MRS. EVANS ARRIVES. Admiral Much Cheered by Coming of His Wife and Daughter PASO ROBLES, Cal., April 9.- Mrs Evans and her daughter, Mrs. Marsh, arrived this evening and joined Admiral Evans at the Hot Springs. Their coming has cheered him greatly and will have, it is said, a good effect. Lieutenant-Colonel Torney, the surgeon-general at the. Presidio, San Francisco, a personal friend of the Evans' was here Sunday and made a thorough examination of him. He agreed with Dr. McDonald that the proper course of treatment was be ing followed. Now that the admiral's rheumatism has been greatly relieved by the treatment, the efforts of his physicians will be directed toward building up his strength. Lieutenant Evans tonight denied the statement that was published that the admiral was injured yesterday while being wheeled by his attendant. HUGHES VIGOROUS PROTEST, The Anti-Gambling Law Isn't Dead- Will Call Special Session. ALBANY, N. Y., April 9.-Any expectation that a lull would follow the storm of yesterday in the Legis lature when the Senate by at tie vote defeated the anti-race track gambling legislation advocated by Governor Hughes was dispelled at the opening of the session this morning in a dra matic fashion Hardly had either House convened before the secretary to Governor Hughes marched up the aisle with a communication in writ ing from the chief executive. When read in each House, the "Communi cation" proved to be a special mes sage couched in the governor's most direct and vigorous style, declaring first, that yesterday's vote in the Senate could not be regarded as dis posing of the anti-gambling question and also calling attention to several other matters upon which the Gover nor believes the Legislature should pass upon before the final adjourn ment. Almost simultaneously with the sending of the message to both Houses caused it to be made known that it was his intention to proclaim a special election, possibly on May 12, in Niagara, in the Orleans district, to fill the vacancy caused by the death of Senator. Franchct. At the same time he put forth also an intimation that he will probably call an extra session of the Legislature to convene on Monday evening, May 11. HENEY LEAVES FOR NORTH. SAN FRANCISCO, April 9-Fran- cis J. Hcney left tonight for Port land. His mission to Oregon is not known but it is stated he will make a reply to the statments made by United "States Senator Fulton recent ly District Attorney Langdon and Assistant District Attorney O'Gara will conduct the trials of Ruef and Ford now under way, during the ab sence of the special prosecutor. PORTLAND, April 9,-Francis J. Hcney will speak in this city next Saturday night under the auspices of the municipal league at which time it is expected he will go further into the controversy with Senator Fulton. At the time Heney delivered his good government address here several weeks ago, he said he would later have something more to say regard ing Fulton. The news that he has started for Portland, therefore, was not wholly unlocked for. ABSOLUTE DIVORCE. NEW YORK, ' April 9 Referee McCIure tonight filed his report in the case of Mrs. Alfred G. Vandern bilt who has brought suit for divorce from her husband. The report will be handed up-to. the supreme court next Monday. While official confir mation is lacking, it is reported that the referee recommends that an abso lute divorce be granted. - COMING 10 OREGON Francis J. Heney to Deliver Speech in Salem. NOTIFIES LAWYER McMAHAN McMahan is the Attorney Who is Representing J. S. Smith, the Com. plainant in the $5000 Slander Suit Against Senator Fulton. SALEM, Or., April 9. Francis J. Heney today telegrapheod L. H. Mc Mahan, of this city saying that he would be in Salem to deliver a speech on April 12. McMahan is the lawyer who is representing J. S. Smith, the complainant in the $5000 slander suit growing out of Fulton's denial of the truth of an affidavit read by Heney during his speech in Portland several weeks ago. The affidavit was made by Smith and it made serious charges against Fulton. TREATIES SIGNED. Three Treaties Signed Between Mex ico and Honduras. MEXICO CITY, April 9.-Three treaties between Mexico and Hon duras were signed at the foreign of fice yesterday by Gen Policarpo Bon illa, minister of Honduras and Feder ico Gamboa, sub-secretary of foreign affairs for Mexico. The first treaty is for commerce and friendship. The second, extra dition, and the third, a postal con vention. Minister Bonilla and Dr. Madriz, who were the central American dele gates sent to Mexico, to thank Presi- 'dent Diaz for his part in bringing about the Washington conference will leave tomorrow for Salinas Cruz, where they will sail for Amapala on board the Mexican gunboat Tam- PJCO. . ' BASEBALL SCORE. At San Francisco San Francisco 8, Portland 1.