The morning Astorian. (Astoria, Or.) 1899-1930, January 05, 1909, Image 1

The morning Astorian., January 05, 1909, Image 1

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Newspaper Page Text1 d . O AAA III M f ft! ill 3 PUBLISHES FULL ASSOCIATED PRESS REPORT COVERS THE MORNINO FIELDON THE r WER COLUMBIA V ' V 34rd YEAR. NO. 4. ASTORIA, OREGON, TUESDAY, JANUARY 5, 1809 PHICE FIVE CENTS ' 1 PRESIDENT ROOSEVELT SENDS A SPECIAL MESSAGE Deals With the Secret Service Investigation NO SLAP AT HOUSE President Says He Wasn't Try ing to Impugn Congressi onal Motives ARGUES FOR REPEAL OF LAW Language In Annual Communication Called Objection bit by Represen tative Will Stand Ana!jrla, Da clam Chief Executive Makes a Complete Reply. WASHINGTON, Jan. 4-In a special neewnge to Dm house of representa tives today Indent Rooeevelt sa): lo the Houee of Representative: I have received tba resolution of the bouse of rvitvm'iiiiitlv of lv. 17, VMM, running aa folWa: Whirut, There wa contained In the Sundry elvtl appropriation bill which Daeaed cotiirr at It iMt alon ana be came law iiruvlilon In reforence to tlie employment ot Iht eeoret service In the Inxuury aopartmonlj end. Where, lu I ha lt annual imnil of th pre.lrtom of the t'nlted 8ll to the two houtee of eonare It wa elated In reference to that provtalon, "It la not too much to ay that thla amendment haa Un of benent only and eould bo of bene fit only to the criminal eleeaee," and It u further atnted. "Tho ohlaf arsunient la favor of tha provlalon was that tin eonrMmn did not thamwlvea wlh to be Inveattaati-d by aeoret eervlce men," and It dm further iinted, "Uut If thlo la not conaUWred dwlrable a epeelal exeeo Uoa eould be mad In tha law prohibiting the um of the eaoret aervloe force la In veatlaatlng member of eoofreee," It would be far better to do tbla then to do what actually wa done and atrlve to prevent or at leaet to hamper effective action aanlnet criminals by tha executive branch of the government: end, Whereas, The plain meaning of the above wordi la that the majority of the eongrceamen were In fear of being Invee tieated by aecret acrvlce men and that eongreee ea a whole waa actuated by that motive In enacting tha provteloa In quee tlon; and, Whereae, Your committee appointed to aonaldar theiie etatamcnta of the preal dent and to report to the bouae cannot find In the hearing before oommltteea par In the reoord of the bouee or ecn ate any Juatmcatlon of thla Impeach ment of the honor and Integrity of tha eonarcee; and, Whereae, Your committee would prefer In order to make an Intelligent and com prehenelve report, Juat to the preeldent aa well aa to the eongreee, to have all the Information which the preeldent may have to communlcntei now, therefore, He It reeolved, That the preeldent be requeeted to tranamlt to the houee any evidence upon which he baeed hie atate menta that the "chief argument In favor of the pruvlalon waa that the conareM men did not themeelvee wieh to be In veatlgated by aeoret aervloe men" and alo to transmit to the houee any evi dence connecting' any member of tha houae of ropreaentutlve of the Sixtieth oongreae with corrupt action lit hla offl olnl cepacity and to Inform tha houae whether he haa Inatltuted proceeding for th punlahment of any auoh Individual by the courta or ha reported any auoh ullfted dulhiqunclt to the houae of rep- rnentatlve. -"I Cannot Underitand Reaolutlon," I am wliully nt a loss to undorstuiid the concliKllnif porflon of the rosolu tlon, I huvo umdo no chnrgca of cor ruption ngnliiHt eon Kress nor ngalnst any member of tha present house. If I had proof of such corruption affect ing any member of the house In any matter na to which the federal gov ernment hng Jurlmllotlon, action would at once be brought, aa waa done In the eases of Sonutors Mitchell and Duiton and rtepremmtnttves Wllltnmnon, Herr mann and Drlsga at different times luce I have been president. This would simply be doing my duty In the execution nnd enforcement of the lnwa without renpect to persons. Uut 1 do not regnrd It ns within the province or the dulk'H of the president to report to the house "alleged delinquencies" of members or the supposed "corrupt action' of a member "In bis official ca pacity." The membership of the house la by the constitution placed within the power of the bourn alone. In tha prosecution of criminals and the enforcement of the lnwa tha president must resort to the courts of the United Bt&taa. ' ." Portion af Meaaaga Quoted. . In the third and fourth cluuaea of the orenmbla U l atulud that the meaning if my word la thnt "tha majority of the eoiigrwaiintii are In fear of being Investigated by atrt aervlee men," mtd that "congree aa a whole waa ac tuated by that motive In vuactliif tha provlalon In qupfttion," and that thla la an Impeachment of the honor and Integrity of th cougreae. Tbeaa atata menta are not, 1 think, In accordance with the facta. The portion of my meaaaga referred to runa aa folio we: Lent year an amendment waa Incor porated In the meaeura providing for the ecret eervlc which provided that there thouid be no deliill from the secret aerv lea and no transfer therefrom. It la tint too much to aay that thla amendment haa hen of beuetlt only aud could be of bene HI only to the criminal claaae. if delib erately Introduced for the purpoee of di minishing the tffectlveneea of war aaelnat mime It eould not have been better de- vteed to thla end. !t forbade the prao (loee that hid been followed to a greater ft leas eilent by the executive head of varloue department tor twenty year. To iheea practice we owe the eecurlng uf ih evidence which enabled u to drive rrAt lotterte out of buatnee and aecure quarter of a million of dnliara In flnee from their promoter. Theee practice have enabled u to dlaoover aoma of the moat outrageous fraud In connection with the theft of government land and government timber by great corporation and by Individual. Theae practice have enabled ua to get aoma of the evidence In dtepensabl In order to secure the eonvto- lion of the wealtnieet ana moet rormiaa ble criminal with whom th goveeament hea to deal, both thoee operating m viola tion of the antl-traet mw and other. The amendment In qneetlon wa of benefit to ho one excepting to then criminal, and II aerlouely ltai,r the government In the dcteotluit of crlne and the aeruring of J Met he. itoreover, it not only aftect de partmimi outid of the treaaury, but It tend te haniptir th aerreiary of the treaeury himaelf Ih th effort to utlllte the oini-loypiM of hi drpartment o a to beat mH th requirements of the public Service, It futtiM lilin from preventing fraud upon the cuetom vrvto. from In veti(iUn IrreKUlerltlce In branch mlma and aiuuiy oltlcea and haa aerloualy crip pled him. It prevent the promotion of employee In the secret eervlce, and thla further dtirourafte good effort In Its preeent form the rentrtrttoa operate only to th advaniage of (ha criminal, of the wrohgdoer. ' The chief argument In favor of the pro vlalon wee that the congreeamen did not tbemaelve wnib to be Inveatlifated by aecret eervlce men. Very Utile of uch Inveeitgntlon haa been dune In the put Hut It la true that the work of the aecret aervloe agent waa partly reeoonalbl for the Indfcunent and conviction of a sen ator and a ennareeaman for land frauda In Oregon. I do not believe that It la In the public Interact to protect ertm lnala In any branch of the public eervlce, nd. esaclly aa we have again and again during th peat aeven yeare proeecuted and convicted auch criminal who were IB the executive branch of the govern ment, ao In my belief wa abould be given ample mean to proeecut them If found In the legialatlve branch. But If thla la not conaldered dealrabl a apeclal excep tion could be made In the law prohibit ing the uae of the aeoret rvlo force In Investigating member of the eongreee. It would be far better to do thla than to do what actually waa done and atrlve to prevent or at leaet to hamper effective action agalnat criminal by tha executive branch of the government Aaka Careful Reading af Meaaaga. A careful rending of thla meaaaga will ahow that I aatd nothing to war rant the statement that "the majority of the congressmen were td fear of being Investigated by the aecret serv ice men" or "that congress aa whole waa actuated by that motive." I did not make any auch statement In this message. Moreover, I hove never made any auch statement about congress aa whole nor, with a few Inevitable ex ceptions, about the members of con greea In any message or article or speech. - On the contrary, I have al ways not only deprecated, but vigor ously resented, the practice of Indis criminate attack upon congrosa and Indiscriminate condemnation of all congressmen, wine and unwise, fit and MrnQt, good and bad alike. No one real- lues more than I the Importance of cooperation between the executive and congress, and no one holds the au thority and (Hpiilty of the congress of the United 8tatos In higher respect than I do. I have not tho slightest sympathy with the practice of Judging men for good or for 111 not on their several merits, but In a mass, ns mem bers of one pnrtlcnlnr body or one caste. To put together all men holding or who have hold n pnrtlcnlnr office, whether It be the office of president or Judge or senator or member of the mraso of representatives, and to clnss them all, without regnrd to their In dividual differences, ns good or bnd seems to me utterly Indefensible, nnd It Is eqvnlly lmlofenMble whether the good nre confounded with the bnd in a heated nnd unwarranted champion ship of all or In a heated nnd unwnr rnntcd assault upon all. I would nei ther nttnek nor defend all executive offlcem In n mass, whether presidents, governors, cnbinet officers or offlclnls of lower rank, nor would I attack or defend nil legislative officers In a mass. The safety -of free government rests very largely In the ability of the plain, everyday citizen to discriminate be tween those niiliHo servants who serve (Continued on page 3). NO NEW DEVELOPMENTS, ! Chinese Matters Show no Change in Past Forty-eight Hours. "'' " ' f f" . PEKIN, Jan. 4. Two daya 1 have paased since the dismissal from office of Yuan Shi Kai as nationaj council lor and It it still impossible to deter mine the future course of the Chinese government or Hi inner composition. The palace continues to be in an enig ma. Tfustworthy circumstantial re ports exonerate Chinese members of the grand council from any complic ity in the dismissal of Yuan Shi Kai. It is understood tha decree of dismis sal waa unexpectedly laid, signed, and the seal laid before the astonished councilmcR. At the same time the discussion of it was forbidden. Await Declaration, BERLIN, Jan. 4. According to in formation of the foreign office from Pekln, the diplomatic representatives at the Chinese capital are not sure that the fall of Yuan Shi Kai meant that tha government has decided to ?LZZ:X':&m uvish hand lion from the Chinese government re viewing the previous obligations for the protection of foreigners and if this is given they see no ground in in terfering with tha internal affairs of the Celestial kingdom. WILL BUILD MANSION. WASHINGTON, Jan. 4.-An ap propriation of $400,000 ia made for the purchase or erection of a build ing in Paris for a residence for the American amhaasadnr there bv a bill passed the Senate today, MINE3 MAKE RICH OUTPUT, RENO, Nev., Jan. 4. A special from Tonopah says the mines of Ton- j opah drilled during 1908 a total of, 241,296 tons of ore with a value con servatively estimated at $A33S80. JENKINS illS TAKES WITNESS STAND TESTIFIES ON BEHALF SELF AND BROTHER NOTED TRIAL, IN SH0WS NO . was not affixed to the bill appropriat ing money for the relief of the earth Says he Went to Look After ReaAueke sufferers as it did not reach Estate and Had no Idea Brother him today, but will sign it tomorrow. Was Armed and Did Not Know ,'Iti passage brought forth great ap- Annis Was at Yacht Club. FLUSHING, Jan. 4.-Taking the witness stand in his own defense - , vw t I JVC tti UlC SVVUV VI us.siww ,wv v of Thornton Jenkins Ham. or more, .ssistance, conference, than four hour. are being held t0 mrrange their sail. wealth of detad the story of the am ft , shooting of Anms an end of he ""V.everal Italian ports will be an jugal trouble, of Cap am Peter Cj, fc . Mains, jr., mat counsel asserts cauacu the mental unbalancing of the army officer and led to the killing of Annii. When the court adjourned Hains' di- rect examination had not been con- eluded and he will likely be an wit - ness stand all day tomorrow. He told the story in .nappy crisp, sentences, No signs of nervousness was manifest and at times he dramatically illustrat ed his brother's expressions and ap pearances. . Declared that when he went to Bay Side to look after real estate on August IS he had no idea his brother was armed and did not know Annis "waa at the yacht club. He told the jury that all the shots had .san Jse wmca Ba"cu lr . been fired by Captain Hains before he American ports. The cons.gn rushed to the float to protect -his,ment considered very significant m brother from John Tonning, the boat- f th rePrts f ,anther rev0,u man and from club members, wW,tKm that threatens Salvador. : he said, he thought would harm the captain. Hains denied he pointed his revolver at Mrs. Annis. Defendant stated he had no idea how many shots Caotaln Hains fired, and when Chas. Roberts, a club member, picked up the revolver and pointed the muazle of the weapon at him, he drew his own revolver and told Roberts not to shoot, 61VE SUFFERERS BK10UIIT Jt . ' a,", " " ' " - :' Congress Votes $800, 000 For Stricken Italy TO BE SIGNED TODAY President Recommended Half Million But Congress Votes $300,000 Better Italian Minister States That Fleet Will Not Get to Messina in Time to be of Much Benefit and Sailing Program May be Changed. WASHINGTON, Jan. 4. -With practically no opposition, the Senate today passed the house bill appro- priating $300,000 to aid the Italian earthquake sufferers. Senator Bailey, of Texas, declared such appropna- tions unconstitutional but he would not delay congressional action, 1 Short Session of Congress. WASHINGTON, Jan. 4.-After a session of little over an hour the House adjourned out of respect for the memory o!- Representative Davy, of Louisiana, who died during the re cess. Several messages from the Presi dent on many subjects were read. Most ! important was the request for aid of the Italian earthquake sufferers, and jone responding to a resolution asking !for inforrdation as to what the Presi dent meant in his annual message in .the matter of the secret service. Eight r hundred thousand dollars was unani mously voted for the earthquake vic tims. The secret service matter, after . j Griggs of Georgia had moved to have ,the message returned to the Presi NERYOUSNtSS .'dent The motion was later with drawn. The President's signature plause. Too Lata to Assist WASHINGTON, Jan. .4.-The prime minister of Italy believes that the American battleship fleet will ar- at 4 tli a na s4 licioreas trifi lar Will Consider Claims Bill. WASHINGTON, Jan. 4. -In the Senate today January 14 was desig- , nated for the consideration of the omnibus claims bill which carries ap- propnations of $2,300,000. ANOTHER DISTURBANCE. SAN FRANCISCO, Jan. 4.-Three hundred cases of ammunition for the Republican of Salvador constitutes a large part of the cargo of the steamer GETS HIS MAN. HELENA, Mont., Jan. 4. A spec ,ial to the Record from Lewiston, Mont., says that in a battle between Deputy Sheriff Al Morgan and John Pflager in Snowy Mountain district, the latter was killed. Morgan pursu ST Pflager for seven days. STRAIGHT TO THE POINT. Such Will be the Comments of Presi dent's Message in the House. WASHINGTON, Jan. 4Membew of the House mentioned in the Presi dent's message on the secret service have declined to make any publi: reply. "I have no comment to make at this time," said Fitzgerald. "Whatever comment I desire to make will be from my place on the floor as a mem ber of Congress." , Walter I, Smith, of Iowa, said he would make a speech in reference to the mention of his name, but would not raise to the question of personal privilege, believing such would recog nize an injury received. He intimat ed his comments would be straight to the point. AMERICAN GUNBOAT ARRIVES CANTON, Jan. 4. The American gunboat' Helena arrived here today in consequence of the anti-foreign move ment and the excitement among the natives as a result of a Portuguese seaman on the British steamer Fat- shan having kicked a coolie to death, 'The viceroy practically suppressed the movement" against the foreigners by threatening to behead certain leaders. ,, MORE CONDEMNATION. DENVER, Jan. 4-The Denver Building Trades Council yesterday unanimously adopted a resolution condemning the decision of Justice Wright in the supreme court of the District of Columbia inflicting jail sentences on President Gompers, John Mitchell, Vice-President and Secretary Morrison of the American Federation of Labor. FIRE FIEND DESTROYS BISSHlMEffll" ONE MAN BURNED TO DEATH AND OTHERS HAVE A NARROW ESCAPE. LOSS ALMOST HALF MILLION Insured For About One-Third Loss- Fire) Department Greatly Hampered For Lack of Water and Sufficient Pressure to Combat Flames. . BELLINGHAM, Wash., Jan. 4.- The plant of the Puget Sound Mills & Timber Company, the biggest shingle mill in the world, burned tonight. The loss is $415,000; insurance, $130,000. W. L. Cleveland, a saw filer, was burned to death and several other persons had narrow escapes. The fire started from a hot box and spread with fearful rapidity before a fierce wind. Automatic sprinklers checked the fire for a time, but the fire depart ment was hampered in its fight by lack of water pressure and when good supply was secured it was too late to check the flames. The firemen worked frantically and saved much valuable adjoining property. The mill property was owned by Michael Earles of Seattle and Thomas Earles of this city. The latter declined to state tonight whether the mill would be re-built. ROLLER WANTS MORE MONEY LOS ANGELES, Jan. 4.-Dr. F. B, Roller, Seattle's physician-wrestler, will not meet Al Kaufman before the Jeffries Athletic Club. He says he can secure a more acceptable division of the purse before a Seattle Club. MONTANA HAS BLIZZARD. BUTTE, Jan. 4. The coldest wave season enveloping this state, "The blizzard is raging here. ievj council mn a OLD QUE GOES OUT At 12:10 o'clock, a few minutes af ter the time prescribed for the meet ing, Mayor Wise called the old coun cil in session yesterday afternoon. The roll call showed that all of the old members were present as fol lows: Belland, Stangeland, Leinen weber, Robinson, Henderson, Logan, Hansen, Karinen, Kaboth. The mayor first appointed a com mittee on credentials, consisting ol Councilmen Henderson,' Hansen and Robinson, and while they were mak ing examination of the credentials of the incoming council, a short recess was taken. Upon the return of the committee their report was read by the city auditor, and all of the new council men were declared elected, a special report being made on the election of F. J. Carney, who was declared elect ed in accordance with the report of the judges and clerks and in accord ance with the certificate of election issued to him by the city auditor. The report also called attention to Mr. Karinen's contest of Mr. Car ney's, seat The committee "recom mended" that all of the officers nam ed be declared elected, and their re port to this effect was adopted. It was not until later in the meeting that the question of the Carney- Karinen . contest was taken up in earnest : '- Following this Mayor Wise read an address, which is given elsewhere in this paper. - Then, at the. suggestion ot Mayor Wise," the outgoing , councilmen- es corted their successors to their seats; Hansen escorting PraeL Robinson es corting Fox,' Logan escorting Curtis, Henderson escorting Wilson. Dr.-Henderson and Dr. Logan then escorted Mayor Smith to the chair, where he was greeted by Mrv Wise and giyen the gavel and city charter, and in a few well chosen words Mr. Wise handed over the office. Mr. Smith said it was a pleasure to take the office, and complimented Mr. Wise upon his clean administration. Mayor Smith then read his address which was closely listened to, and it seemed to manifest an alert and in telligent comprehension of the mu nicipality's affairs and needs. Out side of one or two little flings at his opponents, the address is appar ently an able and very interesting one, and will well repay a close study by citizens generally. Mayor Smith spoke of the possi bility of renewing the seawall hill with its "objectionable features" re moved, and made various other rec ommendations of interest He also called attention to the presumed doubt as to the legality of the Port of Astoria bill, owing to a technical ity in its publication. A resolution was then introduced by Councilman Belland making the first and third Monday nights of eacn month the regular meeting times, the meeting nights thus being fixed at the same times as during the past several years. , While the vote was being taken on this resolution, which carried, the question arose as to Mr. Karinen's right to vote, and it was then ob served that he was still seated in his official chair. Naturally this secmej very strange, inasmuch as Mr. Car ney had been declared elected, and had his certificate of election. Then the whole matter was precipitated, and a discussion followed that lasted for upwards of three quarters of an hour. Councilman Prael arose and stated that since Mr. Carney had been de clared elected by the judges, and had been given his certificate of election, that he could discern absolutely no reason why the council should not, seat him; later, if Mr. Karinen suc cessfully contested his right to a seat, then Mr. Karinen could be seated. He therefore moved that Mr. Carney be seated. , This was seconded, but the city auditor asked that the motion be put in writing, and when this was done it was discovered that -perhaps the written motion was slightly stronger 0 Nev Administration flow in Charge 13 CHANGE f.IADE AT FlOOn Authority of the City is Turned Over to Mayor .'Smiths - QUESTION OF CONTEST UP Mr. Karinen Doesn't Give Up His Seat Until the Council Takes a For ma Vote Temporarily Giving Place to Mr. Carney. and more comprehensive than stated by Mr. Prael; and that if carried, as written, it might be construed as a final adjudication of the whole mat ter, and would seat Mr. Carney finally. Mr. Karinen arose at this point and said he would like to say a word. He said he. didn't want the office unless he was really entitled thereto, and that he believed he had proofs of errors and , mistakes , which would give him the office in the event a recount . was had. , He Only asked fair play, he said. But meantime Mr. Karinen, though his opponent was declared elected by the clerks and judges and had his title of election,. still kept his seat. Mr. Karinen part ly explained this by stating that just before the meeting he had asked Mayor Smith if he should retain his seat. He did not state Mayor Smith's reply, though leaving it' t? be under stood by implication that he was to stay where he was with the consent of the new mayor, pending some de cision by the council. By this time there had been much discussion, and the real issue was more or Jess clouded, and Attorney G. C Fulton, who was present ap parently in the interests of Mr. Car ney, arose and said in effect: 'The proposition is as plain as 2x2 equals 4. Mr. Carney was duly de clared elected by the judges and clerks of the election, and he was duly given his certificate of election. The council cannot refuse him his seat and are compelled to seat him. Then if a recount arises, and it is found he was not properly" elected, you may so declare anA act upon it. But meantime he is the rightfully elected councilman and is entitled to his seat." This1 proposition seemed so plain that there didn't seem the. slightest doubt of its correctness. Councilman Belland arose and said he was of the same opinion as Attorney Fulton, and he also wanted to know if Mr. Karinen had taken the proper steps to call for a recount The city attorney, Mr. Aber crombie, replied to 'this by stating that he understood that Mr. Karinen had not filed notice of his contest upon his opponent, as required by the state law. The city attorney stated that the procedure laid down by the statute would have to be fol lowed inasmuch as the charter did not provide for a procedure in the case of contested elections as between candidates for the council. Councilman Stangeland also stated that Mr. Carney should be seated at least pending a contest, as the coun cil could not go against the decision of the election judges and clerks. At this point Mr. Prael's resolution was offered, it being the subject pre sumably under discussion all the (Continued on page 8)