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.