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About The morning Astorian. (Astoria, Or.) 1899-1930 | View Entire Issue (March 12, 1909)
ill f - . "t t , PUBLISHES FULL ASSOCIATED PRESS REPORT COVERS THE MORNING FIELD ON T LOWER COLUMBIA 88th YEAR. NO. 62. ASTORIA, OREGON, FRIDAY, MARCH 12, 1009 PEICE FIVE CENTS", 1 1 1 VTTTi-' uittr 3rL FAB CASE IS DECIDED Court Modifies Decree In Buck's Stove & Range Co. of St Louis AFFIRMS INJUNCTION GIVEN Delslon Dow Not Settle the Appeal In the Contempt Proceedings in th Gompert and Mitchell CaseFree- dom of Frees Upheld. WASHINGTON. D. C, March 11. , The Court oi Appeals of the Die- trkt of Columbia today modified and affirmed tba opinion of Justice Gould, of the Supreme Court oi the District enjoining ibe American Federation of Labor, Samuel Gomperi and other de fendants, from publishing In the "We Don't Patronise" list, the name of the Buck's Stove & Range Company, of St. Louis. The opinion, which was handed down by Justice Robb, holds that the decree of Judge Could should be modified to the extent that there should be eliminated from the decree the restriction of the labor organisa tion and the other defendants from "mentioning writing, or referring," to the bmlness of the Buck's Stove & Range Company, or Its customers. Otherwise the decree la affirmed. The court hold thai the "combination" and boycott In furtherance thereof, and the publication in the "We Don't Patronise List," In aid of the boycott, is Illegal. . The court hefd that the defendants could not be restrained from all pub lications referring to the Bucks Stove ft Range Company, but only to snch at are made in furtherance of an Illegal boycott. In a partial dissenting opinion, Chlrf Justice Shepard took a strong stsnd In upholding the freedom of the pres. He says that even assum ing that the publication of the com plainant's name In the "We Don't Patronize" column of the Federation 1st, was a step In the formation of a conspiracy to coerce Independent dealers Into refusing to have further business relations with that company. "I cannot agree that the publication can be retrained for that reason. Regardless of Its character or pur pose, the publication Is protected from restraint In my opinion by the first amendment of the constitution which forbids any law abridging the freedom of the press." The Chief Justice held that "the only remedy for libelous or otherwise malicious, wrongful artd Injurious publications Is by civil action for damages and criminal prosecution. There Is no powe"r to restrain Uie publication." The decision does not settle the ap peal in the contempt proceedings, In which Messrs. Gompers, Morrison and Mitchell were given jail sentences. MUST PACK SALMON UNDER RIGHT NAME Department of Agriculture Lays Down Important Ruling in Regard to Labeling Canned Salmon WASHINGTON, D. C, March 11. Because many packers put up "Humpback" and "Dog" salmon un der fancy names and sell them to con sumers who believe them to be super ior varieties, the Department of Agri culture today ordered these fish when canned, to be labelled with their common names. ' , A movement is on foot to Induce WOULD USE CHLOROFORM Southern Man Think a Criminate Should Die This Way. ATLANTA, Ca., March ll-Gen-era) Clement A. Evans, commander in chief of the United Confederate Veterans and chairman of the prison commission of Georgia, advocates chloroforming criminals who have re ceived the death sentence. "I believe the law has no right to do more than take a man'a life," aald General Evana. No living man should witness it.' The death cell should be air tight and the man who Is to die should Inhale the very breath of death itself and should die pain lessly and alone. Any other death punishment Is nothing short of barbarous. Even this Is bad enough Ceneral Evana had already quali fied this statement by declaring him self opposed to capital punishment for any crime save that of aasult upon women. El DISTRESSED VESSEL WIRELESS STATIONS PICK UP FRAGMENTS OF MESSAGES AT DIFFERENT PLACES. BOSTON, March ll.-My.terloue signals, apparently from some steam er in distress were picked up in s fragmentary form by the Wireless Station at Charleston and Newport tonight, but an account of the inter ruptions not enough of the message could be distinguished to Indicate either name of the vessel or her whereabouts. "In distress; notify the life saving stations; west south esst ," Is the way the mes- sage was read at Newport. Opera- torsr who heard the message agreed that the flashes came trom a heavier sending machine than an amateur was likely to have and felt quite cer- tain It is not a hoax Another station picked up frag ments of the message about the same time In which the situation of the vessel was located off New Jersey. It mentioned the word "Tralnor." This led to the supposition that the message referred to the .schooner Ann B. Trainor, reported dismasted off the Virginia coast MORE CHANGES WANTED WASHINGTON, March ll.-The presidential election early in October and the Inauguration ceremoniei early In December when the weather Is usually good, Is the proposal that Representative Crnmpacker of Indi ana will make If March 4 Is abandoned for the Inauguration, s Mr. Crum packer believes that It Is desirable to have an administration begin as soon after the election as possible In order that there may be quick response to the expression of the public on the policies of government. On the day of inauguration Mr. Crumpacker would have a regular session of1 Con gress begin. Secretary Wilson to reverse the re cent decision holding flour bleached with nitrogen heroxide is adulteration under the food and drugs act. Hun dreds of letters have been sent , to him asking that the matter be refer red to a board of scientific experts for decision, It is announced that Secretary Wilson will stand by his ruling. lEGIWIH ADJOURNED Session of Washington Law makers Comes to an End After 60 Days PASSED LOCAL OPTION BILL Appropriation Exceeded All Previous Sessions and Will Total up About Ten Millions Passed Act Submit ting Equal Suffrage to Vote. OLYMPIA, March 12 The 11th session of the legislature came to a close this morning at 12:20 o'clock after a 60-day session, j The most notable works of the 'session consisted in the passage of local option bill, act submitting equal suffrage amendment, to vote of the people; adoption of a complete crinii nal code and abolishing racetrack gambling. It exceeded all previous sessions in the amount of money ap propriated, provision being made for the expenditure of approximately $10,j uuu.uua I'art of this total however, ;he Und nunnn jn(J issuancM o( state bond. The legislature today voted expenditures exceeding $100, 000. The bills passed including the omnibus appropriation bill providing for all state departments and Institutions- and miscellaneous measures. Consideration of all bills ceased at noon and the afternoon and night spent in concurring in amendments I tie Legislature tonight adopted a ...,,; nrftv;Hin , ,nmmi,f with powef 0 inmt!gate any or Ute ofncerj The resolution is the outcome of charees in connection ... ... .Hm,n,l,ftH f ,ni0rme commi8sioner j. H. Shively and Secretary of State Samuel H. Nichols filed in both houses and sen: ate. The resolution first limited the investigation of these offices, but a later resolution 'was amended so as to mention no names and to give the committee general powers. The com mittee la required to report to the Governor before July 12, 1909, and Instructed to hold its meetings in Olympia. President Ruth has appoint ed as senate members of the commit tee Allen of King and Fishback of Lewis. SWINDLED 0UT0FS1L1. 000 D JAILED WASHINGTON MAN BACKS BOGUS PRIZEFIGHT AND LANDS IN JAIL. OMAHA, March U. Frank H. filling of Tacoma, not only dropped $18,000 to the Maybray swindlers, but drew a sentence in prison in ad dition. Tilling writes a letter from Washington prison to Mr. Warner, United States Marshal, telling him about having been duped out of $18,- 000 and wants to know if there is any chance to get his money back. He says he gave a check for $18,000 as a venture on a prizefight promoted by the Mabray crowd in Seattle in August, 1908, the check was endorsed by J. K. Thompson, a banker of Tacoma. After the fight Pilling tried to stop payment on the check and Thompson, the letter said, had him arrested for violation of the Washington law against aiding and abetting a prizefight. Pilling was convicted and sentenced to term in the penitentiary. He appealed-" the case. The letter was turned over to the federal authorities at Council Bluffs. GAS FUMES KILL SAN FRANCISCO, March 10. C M. Lombard a carpenter aged 68 years, was found dead in bed yester day morning in a room filled with il luminating gas. In her solicitude for her aged lodgers help, Mrs. Annie Hoffman probably unwittingly con tributed to cause his death. Fearing that a strong wind which was blowing Tuesday night might cause the olff man to catch cold, Mrs. Hoffman closed his windows from the outside before leaving the house to visit a friend. It is believed that the wind extinguished the gas light be fore the window was closed. NAMED AFTER TAFT CHICAGO, March ll.-President Taft, through bis private secretary, has sent a letter of acknowledgement and thanks to Joseph Olles, of Wau- kegan, III. who named his little son, born at 11 A. M. March 4, William Howard Taft Olles. . 1 WOUNDED WITH AX, HE STILL LIVES PETERSON SEEMS TO HAVE A CHANCE FOR LIFE, BUT IT IS SLIM. Nets Peterson, the mill hand who was terribly injured by a heavy ax in the hands of "Bob" Davis Wednesday evening, seems to have a fighting chance to live. All day yesterday he was more or leas conscious of bis surroundings, and since he has lived this long there seems a probability that he may pull through, vnless complications arise of a serious na ture. "You can't kill some men with an ax is a saying that seems to ap ply to Peterson. Davis is still locked up in the city jail. A representative of the Astorian called to see him yesterday afternoon, and asked him about the affair. Davis did not talk much, but apparently was not trying to deny the part he had taken in the affair. "He was choking her," he said. When we got the door open I rushed in and hit him. I guess 1 hardly knew what I was doing. She was being choked, and was gurgling." Davis meant when he said that he hardly knew what he was doing that, because of anger, or some other feel ing that swept over him, he did not deliberately attempt anything, but struck in a paroxysm. That at least was what he evidently meant. He also initmated that the man deserved pun ishment for the choking he was giving the woman, and Davis evidently talks as if he means that his action was in defense of the woman, or to save her life. When examined by Dr. Fulton im mediately after the affray no marks of any choking were discernable on the woman's throat, and a woman's throat leaves the marks of finger prints very readily. At the hospital yesterday Howard M. Brownell, as sistant prosecuting attorney, and Chief Oberg secured a statement from Peterson, who was able to talk, a little. He was able to tell very little of the occurrence but he said that when he entered the woman's place he had about $20 and last night when his clothes were searched by the au thorities only a couple of dollars could be found. If Peterson lives Davis will doubt less be charged with an attempt to kill with a murderous weapon; if he dies it looks as if Davis will have a charge of murder in the first degree to combat. Davis is said to be a man who made friends, and when the liquor was out of him he was quiet and peaceable enough, but a few drinks would make him more or less, of a dangerous man to quarrel with. He is a short, thick set fellow, not at all unpleasant to talk to. It looka as if he had a "few drinks" in him at the time, and when he heard the cries from the woman who was his woman" his anger shot up into un governable rage, and in that momen tary rage he seized the heavy ax and HIIS IB FIliE Los Angeles Man Will Not Force the Recall Measure and Steps Down NEWSPAPERS FORCE HIM OUT Investigations Showed That he Per mitted Vice of All Kinds to be Pro tected and His Own Personal and Private Acts Have Been Very Bad. LOS ANGELES, March ll.-May or A. C. Harper resigned tonight as Mayor of this city and also withdrew his name as a candidate succeed him self in the recall election to be held March 26. The resignation which was in compliance with an agreement made with an afternoon paper, came as a complete surprise. Harper in his letter of resignation says he does so in fulfilment of an obligation to resign at whatever time the newspa per demanded it, and notes that such demands was made today. In ex plaining its action in demanding Harper's resignation and. withdrawal the newspaper declares: "The reasons that it has taken this drastic action are unpublishable" and come after searching Harper's official and priv ate record. For many weeks the principal newspapers of the city have waged a campaign against Harper accusing him of permitting vice of all kinds to be protected and that his own per sonal and private acts have not been above reproach. The mayor's office was investigated by the grand jury recently and in the final report he was scored for the alleged offensive acts not in his capacity of mayor, but as a private citizen, but no indict ment was returned against him. Harper contends that his action to night nullifies the recall election and throws the matter of choice of his successor into the council. His oppo nents do not concede this. They laim. on the other hand that the. re call election will be held and renders the election of George Alexander, the municipal league candidate, assured. struck. "I've lived in Astoria on and off for 20 years," he said yesterday. "Yea. I was up in Alaska, but never around Skagway. No, I don t know anything about 'Soapy' Smith." In fact, Davis didn't seem to know who the famous "Soapy" was, even, which may seem a little odd. Some of the police say that they have understood that Davis used to be a member of Smith's gang of black legs and outlaws, who never met defeat or learned what law meant until they ran up against the Canadian mounted police. D R if E THE ATTORNEY FOR DEFENSE SPOKE NINE HOURS AND DID NOT FINISH. NASHVILLE, March ll.-Attor-ney Washington, defending the Coop ers and Sharpe spoke nine hours to day and then did not get through. When court adjourned he announced he would conclude sometime tomor row. The jury will be obliged to list en to more southern oratory before it can consider the verdict as Washing ton's long speech is only a prelimi nary affair for the defense. He will be followed by Judge Hart, who will make the main address for the de fense. Attorney-General McCarn will lose for the state. m GANS WILL FIGHT NEW YORK. MaTch ll.-Joe Cans the lightweight, will meet Jabez White, the English fighter at the Na tional Athletic Club here tomorrow night. Cans arrived here last even ing, from Baltimore and will put the finishing touches on his training to day preparatory to the battle. He realizes that he has a hard proposi tion before him. HAPPY AFFAIR NEW YORK, March ll.-Cere-monies were held at the little town of Irvington-on-the Hudson last night during which Justice David Brewer of the Supreme Court "of the United States presented to the' town an oil painting of his ancle, the late Cyras W. Field, who was so instrumental in the laying of the first Atlantic Cable. IMS 80! 225 YEARS 1(0 Tiir AUTHOR OF SAYING, "WEST- WARD THE COURSE OF EM PIRE TAKES ITS WAY." DUBLIN March 12,-In this year of notable anniversaries it ., w . W MtSfc without interest to recall that on this date 225 years ago, March 12, 1684, there was born in Kilkenny the cele brated prelate and ohilosonlir. George Berkeley, who is best re membered for his plan to "plant arts and learning in America." No man of his time was held in higher esteem for his virtues and his philosophical powers. Pope ascribed to him "every virtue under heaven." and other dis tinguished men testified to his good ness and amiability. To Americans Berkeley is best known as the author of a plan for establishing a college in the Bermu das for the purpose of training past ors for the colonial churches and mis sionaries to the Indians. In antici pation of the "happy results of his scheme he wrote his well known stanzas beginning with the familiar line; "Westward the course of em pire takes its way." Full of courage and enthusiasm in regard to his scheme Berkeley sailed for America, with his wife, landing at Newport. R. I., early in 1729. He bought a small farm to which he gave the name of "Whitehall," and settled down to await with philoso phic calm a promised endowment from the English government. While waiting he pursued his usual occupa tion of study and writing. He at tracted to his retreat many of the leaders in American thought, and he came to see that the prosposed col lege should be, not in the Bermudas, but on the mainland. However, he received the grant from the govern ment, and he returned to England. Before his departure from America he divided between Yale and Har vard colleges the books of his priv ate library. His title to his White hall farm he transferred to Yale, to be applied to the maintenance of three scholarships and various prizes for those who should excell in Latin composition. The Berkeley prizes, it is said, have been awarded with unfailing regularity at Yale since 1733. YOUNG WILL NOT Wrote Letter Criticising and Minto Will Hold WASHINGTON, D. C, March 11. It is learned from reasonably reli able sources that John C. Young will not be appointed Postmaster by Presi dent Taft. Young's ante-convention letter criticising Taft places him in the category with the Collector of the Port of New York, who was displac IMIIS 10 FIGHT CII Hold a Three Hours RTeetJng Behind Closed Doors and go Over Situation SATISFIED WITH THE CUTL0CX Meeting Voted Unanimously to Give Tariff Legislation Kight of Way and Decided Upon a Definite Plan For Making Fight For Revision of Rules WiCHtvrtTrtw r n w. . . .. . . v juarca it. j For three hours tonight the Repub- T-.. .-n ..... iusuiijcnii oisccssea oenina closed doors the details of the Sght they propose to make in congTesa next Monday the adoption of the rales of, the last house. The leaders of the movement express satisfaction with the size of the meeting claiming that at least ten more members would vote with them against the rales. It is known that much time at the meeting was devoted to discus sion of compromise with the organi zation forces. It was suggested that the insurgents enter an agreement whereby the committee should be appointed to revise the rules of the bouse. Pending the report the rules of the last house would be enforced. The sentiment was that the speaker did not have the power of appointing a committee if such compromise is agreed on. Among these present at the insurgent" meeting tonight was Poindexter of Washington. After the meeting Gardner said: "Meeting voted unanimously to give the tariff bill the right of way and de cided upon a program embodying definite plan for revision of rule. This program is not to be made pub lic until congress is organized." MADE A BIG FIND Somebody Carelessly Leaves Stocks Worth $25,000 On Counter. SAN FRANCISCO, March 11. That someone in this city is so care less of his wealth that he can lose $25,000 without making any inquiries for it was the astonishing discovery of J. L Samuels, who two days ago picked up a package in the drygoods store with which he is connected, containing a small fortune in nego tiable securities. Just as the store was about to close last Monday night Samuels' attention was called to a lare envelope which had been left on the hoisiery counter. The con tents of the envelope consist mainly of mining shar in paying concerns and as most of them are unregistered they could be easily negotiated. Samuels waited for two days before announcing his find in the belief that the owner of such a valuable package would certainly advertise his loss. The shares are now in a safe deposit where they will be kept, until an owner appears and proves his prop erty by naming the exact value of the shares and the companies which is sued them. BE POSTMASTER Taft Which is His Undoing Job for Another Year ed by Loeb. A decision has been reached to permit Postmaster Minto, who was loyal to Taft before and during the campaign, to remain in office at least one year longer. President Taft is the recipient of a deluge of telegrams from Oregon re questing the appointment of Fulton as Federal Judge.