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About The morning Astorian. (Astoria, Or.) 1899-1930 | View Entire Issue (March 2, 1909)
V tr::." 5' x 5 ; rw ujta. COVERS THE MORNINO FIELD ON THE. LOWVfls t.UKSXA : - PUBLISHES FULL ASSOCIATED PRESS REPORT 86th YEAR. NO. 53. BEIIil IS HOW GOVERNOR Succeeds to Office Held Chamberlain With Very Little Ceremony by HOLDSHTWO OFFICES JOINTLY Mor Power Than Any Other Official In State First Official Act Wm to Appoint 8. A. Xotr, o( this City, Sqfte Insurance Commissioner. SALEM, Or., March WFrank W. Benton, Secretary of State, became Uo Governor of Oregon this fore noon, when he hi tworn In by Chief Justice Moore, of the Supreme Court. Governor Chamberlain's resignation, which took effect at midnight lut night, wi handed to bim this fore noon, only t few hours lapsing be tween the end of one regime and the beginning of the other. During that brief interim, had anything transpired needing the services of the S'ate'i executive, there would strictly apeak ing have been no Governor to act. The ceremony of awearing Gov ernor Benion in waa a brief one, lasting little more than a minute. Thoie present consisted of the Su preme Court justices, the itate offic laW and their office tubnrdinstet and few capitol habitues. Thsre vat no demonstration except a ripple of ap plause at Mr. Benson formally be came the atate'a head, and the cus tomary congratulations afterward. There were no developments re garding a special session thla fore noon. Protests from a number of taxpayers have been received, and Governor Benon ia halting whether to summon the legislators back or not. No action may be taken for a week or more. There is apprehension over the state lest a special session might be made the means of reopen ing other matters, such as the nor mals, with the result that a prolong ed and expensive meeting might be the denounement. Being Governor and Secretary of State jointly, glvea F. W. Benson mir nnw.p fflBIt BfllV AtllPf offirifll ...V. V ....... " in the state government. Also, it gives him double salary, for he not onlv collects as Secretary of State but alio as Governor, so that his pay check will run over $10,000 a year. In his dual capacity, Benson can remove almost every appointive offi cer in the various state Institutions, and he can pack all of the institu tions with his personal followers. This comes by reason of his having two votes of the three. Most of the appointments are given by a' two thirds' vote of the Governor, Secre tary of State and State Treasurer. In . Iiis capacity of Governor and as Sec retary of State, Benaon can outvote State Treasurer Steel. This places him In the unique position of having all the political patronage at his COURT UPHOLDS RAILWAY LOANS Washington Supreme Court Renders a Decision in Direct Conflict With Decision of Federal Judge OLYMP'lA, March 1. The State Supreme Court today upheld the rail way commission law including the power therein conferred upon the commission to fix the railroad rates. The Great Northern raised the ques tion of constitutionality in appeal from the joint wheat rate order of the commission, contending that the power to fix. the rates were vested solely with the legislature, by the state constitution, The court holds that the legislature in .expressing Gmrers' end Mr. Benson, however, has declared that it Is not his intention of starting a revolution In the institutions, and that he haa.no' Intention of ousting the Chamberlain appointees and in stalling his own. There was a tenta tive agreement to that effect Between Chamberlain and Benson, It Is rumor ed, or, at least, there was an under standing. Benson and Chamberlain worked together in harmony, at also did Chamberlain and Steel. Governor Benson's first proceeding wai to appoint S A- Kozer, his chief clerk when Secretary of State, Insur ance Commltsioner; hia next was to make Peter Applegate, of Jackson ville, State Land Agent, aucceeding Charlea Galloway, of Yamhill Coun ty, who becomes Tax Commissioner. After thla he was occupied with rou tine work until luncheon, at 12. This afternoon he it meeting with various boards. C. N. McArthur, who will be the Governor's private secretary ,1s per forming the duties of, that office, but has not been sworn in and probably will not be until it Is definitely deter mined whether or not a special tet ion is to be held, When Mrs. C. B. Shelton presented Governor Chamberlain's resignation she tendered here alio at aecretary. and Governor Benson immediately relieved her by appointing Miss F. P. Shamberook. a stenographer in his office, to fill the vacancy until Speak er McArthur of the House is free to accept the position. IH1CE C0I1Y IIS BIG IT COURT REFUSES TO GRANT RECEIVERSHIP FOR THE EQUITABLE ASSURANCE WASHINGTON, D. C, March 1- The Supreme Court at the United States today reversed the circuit court of appeals in the case of J. Wilcox Brown, claming to represent 600,000 policyholders, against the Equitable Assurance Securities. Brown asked for a receivership and general accounting, alleging that the policy of the holders entitled them to participate in a division of the aur plus which he declared la $10,000,000 more than necessary. The supreme court held against Brown and re fuses bit application. The court holds that at the institution ia paying all its obligation! and hat undoubted re sources with which to continue to pay them, and is now under a differ ent management, the receivership would be premature, wholly unneces sary and be ruinous to the interests of hundreds of thousands of people and really beneficial to no one. COPPER GOES UP. NEW YORK, March l.-Reportt circulated on Wall street of an ad vance in the price df copper, but the advance is not officially announced. Representatives of the leading cop per producers reported a better de. mand with large foreign orders in sight. that the detail at working it out is administrative and can be delegated to a commission. This is in direct conflict with the opinion rendered last summer by Judge Hanford of the fcdcj-al court at Seattle. The supreme court also sustained the constitution ality of that section of the law au thorizing the commission to compel rates shall be fair, just, reasonable and sufficient, declares a law, and physical connections between com peting railroads at all junctions. ASTORIA, DDE I Iff III ORDINANCES Councilman Curtis and Karinen Introduce Regulations on Morals of the City STILL ANOTHER SUNDAY LAW Plan to Prohibit All Pool and Bil liard Garnet on the Sabbath Fran chise Granting Right of Way to Electric Line It Finally Patted. The session of the common council last night was characterized by the appearance of Mr. Curtis again in the role of reformer, and Mr. Kari nen also stepped forward in the same guise. Little did I think," said Council man Bclland, "when I read in the papers the morning after Mr. Curtis' election in the race for the council that we ever would see him among the truly good, working for the up lift of the city. But I, for one, ex tend to bim the right hand of fellow ship, and take him in among us. It's rase of two hearts that beat as one," . ! Mr. Curtis joined heartily in the good-natured laugh that followed this tally. . Councilman Curtis last night intro duced his ordinance providing for the arrest of saloon men who keep their places open on Sundays, and for the forfeiture of their licenses on a "second" conviction. The ordinance went to its tecond reading, but it may be doubtful that it will past in its present form. The revocation of the licenses only after second convic tion makes it somewhat weak, appar ently, in the estimation of some. The clause suggested providing for the arrest of customers also was not made a part of the ordinance. Of course if the saloona are kept closed by the rigid enforcement of the ordi nance as it now stands there would be no need, anyway, of a provision in relation to the customers, for if the taloont be kept closed no cus tomers can get in. Councilman Karinen introduced an ordinance providing for the shutting up of all places that have pool or billiard games, or rather "prohibit ing" such games, on Sundays. Of course this ordinance if carried would mean that the billiard and pool tables in the Irving Club and Ath letic Club, for example, would have to shut up. The objects and effect of the billiard ordinance are likely to be considered very carefully by the council before it comet to its third reading, according to one or two of the councilmen, who say they don't want the efforts to purify the city be littled by unnecersary or "blue" laws, which might bring the whole move men,! into ridicule by carrying it to' any excess. , DR. REAMES ELECTED. Dr. Clara W. Reamcs, who has been the city health officer for the past year, was last night again elect ed to the same position for the ensu ing year. Dr. Rcames was placed in nomination for the place by Coun cilman Belland, and the nomination was immediately seconded by sev eral. Thereupon Councilman Curtis moved that the nominations be con sidered closed and that the council cast a unanimous ballot for Dr. Reames. This was done. FRANCHISE ADOPTED. The most important action of the council last night was the adoption of the franchise granting right' of way to the Oregon Coast Railway Company over certain city streets, and granting other necessary privi leges in relation to the building and operation of the line in the city. The long franchise was read seriatim, and each section carefully considered. No important amendments were made. The only spirited- controversy arose avor the question of imposing a tax of $.10 on each car coming into (Continued on page 4) OREGON, TUESDAY, MARCH 2, BEST PLACE TO LOOK. If, K. Adair, the well-known de tective, paid the other day in Chicago merited tribute to the press. "The press has helped me a lot," he said, "on many of my mot difficult cases. There's more than a little truth m the story about the traveler who said, motioning toward a man in furs and blue glasses in a railway station: " 'Who Is that chap over there? He looks like a freak'. 'Hush.' whispered a special offi- ..Ma TV l .1 cer. "mat s a ocieciive. ne a on ine motor-car murder mystery. See bis chafTeur'a disguise goggles and skunkskin coatr 'But he's doing nothing only reading the paper,' said the traveler. 'Sh-sh,' whispered the special 'He's looking for a clue.' " Ex. WRONG REVERENCE. Francis Crowninshield, author of the cynically witty "Manners' for the Metropolis," was talking in New York about hit book. "Since we have no king to decide the question of social precedence for us." said he, "my idea of a decision based on points steam yacht, five points; " opera box, four; known grandparent, one; and so on it a good idea, undoubtedly "Thus a woman with two known grandparents and a yacht, would have seven points. She must give place to a woman with a tiara (one point,) a ballroom (one point,' four motor cars (six,) and. an opera box (four total, twelve" Mr. Crowninshield laughed. "It sounds ridiculous, doesn't itV he said. "Well, it sounds ridiculous because our social ideals are so ri diculously wrong. We reverence the wrong things. "Once, in the English village of Chalfont St Giles, I paid a visit to Milton's cottage. As I mused in the quaint old place, a big motor car snorted up to the door, and a red faced man in a sealskin overcoat got out . " 'So this is it, is it?" said he, and he handed the caretaker the sixpen ny admission fee. . " So this is It !' "And he threw open his fur, coat, exposing a red cravat in which a dia mond horseshoe blazed, and with a reverent sigh he looked , about the picturesque cottage, with its old chairs and tables and its steel engra vings. " 'So this is Lipton's sitting-room I" " Not Lipton's,' said I. I laughed. 'Milton's.' "The man started and frowned. He buttoned up his coat. " 'Milton's he growled savagely, as he opened the door. 'And here I thought it wai Lipton's. A whole morning wastedl' " Ex. HOUSE GETI6 READY TO SOOil ADJOURN IN DEADLOCK OVER BILL GRANTING PRESIDENT MORE SALARY. WASHINGTON, DC, March i Transacting its business amid scenes of great confusion the House gave every evidence of present session of Congress closing. The speaker con stantly had to pound the gavel and admonish members to cease conver sation. The Appalachian and White Mountain forest reserve bill amended so as to apply to all states was pass ed by 10 majority. Final conference reports on army, naval and fortifica tions appropriation bills agreed to and measures now go to the Presi dent for his signature. Th House almost unanimously insisted on dis agreement with the Senate amend ment to the legislative, executive and judicial appropriation bill raising the salary of President, Vice-President and Speaker and United Statls judges and the bill for the third time went back to conference: This resulted in a deadlock. Dur ing its discussion a long wrangle en sued over the question at even ask ing further conference with the Sen ate, but was finally dropped. 1903 BEGffi FAMOUS UISI United States Begins Action Against Southern Pacific to Compel Porfiture FORTY LAWYERS IN THE CASE Attorney Fenton For the Railway Makes the Opening Argument and ' Contends That the Statute of Limi tations Prevents Going Back Over Six Years. PORTLAND, March 1. -Argu ment of the demurrer of the Harri man interests to the government's suit to cancel the grant land of the Oregon & California Railroad Com pany heard tody. Array of about 40 lawyers, representing various con tending interests are in attendance at the federal court in this city. The company demurrers on the ground that the government is without equity because the grant was without condi tion, and for the further reason that the grant contains no declaration as to when or to whom it should be sold. W. D. Fenton of the counsel for the company maintained that the grant was a contract between the company and the government, the essence of which was the building of the road, not settling of the land, much of which is incapable of set tlement. He called the attention to the fact that in 1868 Congress extend ed the time, IS months, for the com pletion of the first 20 miles of road, and that not until the act of April 10, 1869, was the actual settlers clause incorporated in the grant. This lat ter act, Fenton maintained, was im posing a condition without precedent to the original grant an impossible and unprecedental judicial practice- Fenton claimed that the forfeiture could only be by congressional enact ment, and further, that Congress Is without the power the delegate to others the right of forfeiture on ac count of same. Authorities were sub mitted supporting the contention that the lands sol3 by the company over six years prior to the commencement of the suit could not be effected by the present litigation. CONCESSION MADE. Huse Amended Rules to Provide For Calling of Committee. WASHINGTON, D. C. March 1. As a encession to the "Insurgents," the House amended the rules today so as to provide for a call of com mittees on Wednesday, affording members an opportunity to get bills passed which otherwise might not be possible. When the vote of 168 yeas and 162 noes, present, and two pair ed, were announced Clark of Mis souri, requested a recapitulation which the Speaker refused., saying it was a matter left to the discretion of the chair. Hepburn in 22 years had never heard it denied beore. , Cannon replied there Were many things which Hepburn has neither heard affirmed or denied. In order not to have rest on the House the Speaker ordered a recapitulation which disclosed ho change. The "Insurgents" have de cided to carry the fight into the next Congress, and when a member of the rules committee moves, as usual, for an adoption of the rules of the last congress, the insurgents propose to make a stand for changes they de sire. WANTS NAME ELIMINATED. WASHINGTON, March l.-Be-cause of implication that the Presi dent's consent is necessary for the Senate to get information from heads of the various departments, Bailey today introduced a resolution declin ing to' accept from the secretary of the treasury a communication sent by him "by direction o the President." The resolution went 'over until to SPOKANE, March l.-Harry Dra per and bloodhounds have gone on the Eltopia, Wash., trail of two safe blowers who robbed the Falls hard ware store last night and tried to break into the bank and postoffice but failed. SERIOUS WRECK AVERTED DENVER, March 1. A eerious wreck on the United Pacific was averted at Elyria by the discovery of a large, piece of iron placed on the tracks. The obstruction was discov ered by the signal man whose bi cycle was wrecked by striking it 10 minutet before the Cheyenne flyer was arrested in connection with the affair. It is the belief of the detec tives that the boy was playing a prac tical joke. TAFT TAKES A WALK. WASHINGTON, March 1. There was a great rush of callers this morn ing, a long walk this afternoon and the Philippine expedition banquet to night brought Judge Taft to within two days of his inauguration- Taft enferred today with Knox, Charles Nagel of St. Louis and Frank H. Hitchcock. SUNDRY CIVIL BILL PASSES. WASHINGTON. March 1. The sundry civil bill, appropriating $139,- 000,000 and military academy bill car rying $2,500,000 passed by the Senate today. LUGKYBALDWUIPASSES TO GREAT BEYOKD LEAVES FORTUNE ESTIMATED TO BE IN THE NEIGHBOR HOOD OF $25,000,000. LOS ANGELES, March l.-Elias J. Baldwin, the famous plunger and turfman, known throughout this coun try and Europe as "Lucky" Baldwin, died at his residence in Arcadia, on the celebrated "Baldwin ranch," 13 miles from Los Angeles, at 7 o'clock this morning. He was 81 years old The end came after a lingering ill ness of several weeks. He passed quietly away, surrounded by his fam ily and friends, after having been un conscioos most of the night. At his bedside this morning were Mrs. Bald win, a' daughter, a niece and other relatives.' ; .I'j.'J Z'T The illness, which finaiiy resufted in the death of Baldwin, began on February 2. At that time he exper ienced a serious sinking spell, nearly resulting in his death. From this he finally rallied and made a gallant fight for life. k The fortune left by Baldwin is esti mated by H. A. Unrup, his manager, as $23,000,000. It may be a million or two on either side of this sum. Little is known of the details of the will left by the noted turfman dispos ing of this amount. It is certain, however, that his Wife and daughters have been liberally provided for. OREGON GRANTED FEDERAL JUDGE Passed and Goes to the President for Signa ture for Additional Judgeship WASHINGTON, D. C, March 1. The Seriate' formally agreed to the conference report oh the Washing ton-Oregon additional Federal judge bill and the' measure goes to the President for his signature. The House Ways" and' Means Com mittee in addition tb' favoring a re duction in the duty on lumber from $2 to $17 a thousand practically has decided to remove the ' duty' on hides and place them on the free list. YOUNG'S CASE GOES OVER. PESCE FIVE CENTS Novel Proceeding Takes Placa in the Trial of Cooper for Murder of McCarrr.ak BOUGHT SIGHT AND UNSEEN Witness Testifies That Any One of the Three Shots That Pierced the Dead Man's Body Would Haw Caused Almost Instant Death. NASHVILLE, March 1-The spec tacle of the counsel on one side not only selling witness to the opposition but haggling over the terms was in cident today in the Cooper trial. Dr. McPheeters-Glasgow, employed by the prosecution to perform the autopsy on Carmaclcs Doay. ine state did not use Glasgow and Glas gow refused to testify for anybody ex cept employers. Attorney-General McCarn propos ed that defense pay the costs of the autopsy and Glasgow's fee and the state would waive all rights. Judge Hart of the defense wanted to "See the goods" before buying. This the state refused telling them to "Pay whether you use him or not," The defense finally bought the goods, unsight and unseen. Glasgow testi fied in substance, that anyone of the three were were necessarily and in stantly fatal. The significance being that if the Senator did not fire the first shot he could not have fired at all The other chief witness was S, jj. Binnings, who claimed to have seen Carmack testing the cylinder his revolver a few minutes before the shooting occurred. IDENTIFIED SWINDLERS. Victims Who Were Stung Pick Out Men Who Robbed Them, LITTLE ROCK, Arlc, March l. Several victims of the alleged gang of swindlers under arrest here arriv ed from Little Rock today and all of them identified Maybray, the al leged leader, and one more of the quartet, amon gthem were J. G. Kile, of Decatur, 111-, an aged farmer, who loaned them $10000 to bet at a horserace w'So was" "short." J. S. Tierney of Streator, 111., $10, 000 wrestling match at New Orleans. W. H. McGrath, Minneapolis, $10, 000, race at Council Bluffs. , Each of the victims began a suit today against Maybray and associates and attached boxes shipped to Davenport which suspected of containing $60,000. STILL WITHOUT JURY. SAN FRANCISCO. March additional juror were secured Calhoun case today. l.-No in the : The Senate in executive session to day ( considered John C. Young's nomination for Postmaster at Port land, Or., and decided to take no action today. Senator Bourne was riot present when this was done, but reached the chamber a few minute later and asked that the action be re considered. This request was not granted and the nomination went over until the next executive session, the time of holding which tain. is uncer Mi miss 10 DEFENSE morrow.