PUBLISHES FULL ASSOCIATED PRESS REPORT
COVERS THE MORNXNO FIELD ON T.
"1 COLUMBIA
'it
86th YEAR. NO. 107.
ASTORIA, OREGON, TUESDAY, MAY 4, 1909
. PRICE FIVE CENTS
STATE OFFICER
TO RESIGN
Sana. Nichols, Secretary of the
State of Washington Will
u Tender His Resignation
SHIVLEY WILL STANO PAT
Both Men Being Investigated by the
Spokane Grand Jury For Alleged
Irregularitlea In the State Inurnce
Builneia Alleged to be the Cauie.
lii a itilt fur dlvofct by his first wife,
who obtained a decree only a few
day fltfo. ' 1
, The newly wedded couple have left
for New York and Atlantic City. A
a wedding gift from her husband, the
bride received pearl, ruble and dia
mond to the value of several thou
land dollar. She in prominent in
mimical circle and Mr. Gross will
take her to Europe, where It i
ported the will receive vocal Initrtic
tion from the bet teacher on the
continent.
DANCE HALL ROW.
CHICAGO. May J. William Zelty,
who hot and killed Michewtkerl. wa
fatally wounded early today during a
fight with Frank Lintko in a dance
hall. Llnsko escaped after the affray,
but police and detective are now
earching for the fugitive.
D EC I
Reverses Decision of Lower
Court Relative to Coal Com'
panfes in Carrying Trade
CHOIR EN TOUR.
CHICAGO, May 3. -The Paulist
Choirist Society of St. Mary' Roman
Catholic Church leave today on a
concert tour to the East, visiting
Detroit, Buffalo, Niagara Falls, New
York, Baltimore and Washington.
This i said to be the first trip of the
kind ever made by a Roman Catholic
Church choir in America. One of
the feature will be a visit to the
White House where the member will
sing for the President.
THE IDEAL WIFE
CONSIDERED
MAY DO BUSINESS ANYWHERE
THE BLACK BRUISER.
CHICAGO, May J-Champion Jack
Johnson start hi training today for
his bout with Jack O'Brien in Phila
delphia, May 19, He has been work-
Sl'OkAMv. May 3. Secretary of j ing lightly. George Lyttlc, who i
State Sam If. Nicholas said in Seattle . manauing Johnson ay that althouah
today that he had decided to resign
and would retire to hi home at
Everett. The date of hi resignation,
the lecretary will leave to the legisla
ture who i Investigating the mattcf
, through a special committee or to the
governor, M. E. Hay. State Insur
ance Commissioner Shively, over the
telephone, stated that he did not in
tend to resin ii and would stand by
hi otfice. Nicholas and Slilvley are
accued of alleged Irregularities In the
ttate Insurance department, while
Nicholas was ex-oflido commissioner
nd Shivley assistant commiisioner
and actively in charge.
the big colored boxer will tail for
F.ngland May 26, he intends' to come
back in time to fill hi engagements
.here with KaurTman and Ketchel.
Important Decision Favorable to Rail
road Companies Who Have Been
Prevented From Carrying Coal Out
of State Where t is Produced.
EVERETT, Wash, May 3--Secre-tary
of State S, H. Nicholas ha con
fided to intimate friend here that he
will probably resign. He assert inno
cence of malfeasance of office, He
expects to return to his home in
Everett, saying he will not uander
the little money he has saved to fight
proceeding. He ay the fight mean
the disruption of the Republican party
in this part of the state. Nicholas is
bitter in denunciation of all the news
papers. He returned to Olympia this
morning.
DECISION REVERSED .1
11. D17YER CASE
WAS CONVICTED OF PERJURY
IN CONNECTION WITH THE
LAND FRAUDS.
SEATTLE, May 3,Secrctary of
State Sam H. Nicholas, whose oflicj
along with that of State Insurance
Commissioner John II; Shivley, is
being investigated by a legislative
committee, today said he would re
sign if the commission demanded that
he vacate the office. Nicholas passed
through Seattle on his way to Oly
mpia this afternoon. Nicholas is al
leged to have received part of the
money which Insurance Commission
er Shivley collected from insurance
companies to examine their books.
"MAY AND DECEMBER,"
SAN FRANCISCO, May 3. -The
appeal of William Dwyer of Idaho,
found guilty on five counts of perjury
in connection with certain land fraud
in that state was granted by the
United States circuit court of appeals
today and cause remanded for retrial,
Dwyer was sentenced to pay a fine of
$500 and serve 18 months in the peni
tentiary. The appellate court deem
lower court erred in allowing evi
dence of perjury in final proof of en
trymen, holding this to be no viola
tion of law according to a decision if
the supreme court of the United
States in the Williamson case.
NOTED MURDER TRIAL.
GLASGOW, May 3.-Vhat prom
ise to be one of the most noted crim
inal trial that ha taken place here
in year was begun in the High Court
today, when Oscar Slater, alias Otto
Sands, was placed on trial for the al
leged murder of Marion Gilchrist last
January. The victim of the murdc
was a maiden lady of some means
and robbery i supposed to have fur
nished the motive for the killing. She
wa found dead in her home and the
evidence indicated that she had been
beaten to death. A lodger in her
house, who disappeared immediately
after the murder, was sought by the
police. Circulars were sent broadcast
over the world, with the result that
a man giving hi name as Sands was
arrested by the New York police in
February as he landed from a, Liver
pool steamship. His appearance tallied
with the description sent by the Glas
gow police and he was held, together
with a young woman with whom he
had traveled to America. Witnesses
were sent from Glasgow to New York
and then identified Sands as the man
who formerly lodged at the house of
Since he was
returned to Glasgow the man is said
to have admitted his identity, though
denying all knowledge of the murder.
Subject of a Sermon, Delivered
by Rev. Claughan In Chicago
Sunday Appreciated
NATIONAL PEACE CON-
IN SESSION
Battle Creek Man Takes Girl Bride
and Hikes For Europe. .
BATTLE CREEK. Mich., May 3
" Samuel Eberly Gross, formerly of
Chicago, was married here yesterday
to Miss Ruby Louise Haugliey. The
groom is 65 years old, the bride 18.
Mr. Gross was once an extensive
operator in real estate and achieved
, international fame as the author of
play entitled "The Merchant Prince
of Cornville," which he maintained to
be the original of Edmund Rostand's
"Cyrano dc Bergerac," his contention
being upheld in a suit in the Federal
Court. i
Mr. Gross has for sonic time been
in retirement diu recently came into
public notice once more as defendant
ADDRESS OF DAVID STARR
JORDAN OF THE STANFORD
UNIVERSITY.
CHICAGO, May 3.-"Jadr Krieg
Verschlingt Immer ' Die Besten.'
(Even the war devours the best)
These words, written by the German
poet Schiller, formed the theme of
the address at. the opening of the Na
tional Peace Congress here today by
David Starr Jordan, president of the
Lctand Stanford University. The
warlike nations of tod.-.y is the deca
dent nation of tomorrow. . It has
ever been so and in the nature' of
things ever must be, The republic
of Rome lasted so long as there were
Romans. The Republic of America
will last as long as its people in
blood and spirit remain what we have
learned to call Americans. ,
RAILROAD MANAGER
IN LAW TOILS
SPOKANE, May 3.-C. W. Hadley
the manager of the Idaho Railway &
Navigation Company was arrested
here this afternoon upon a charge of
obtaining money under false pre
tenses. It is alleged in the informa
tion filed that he sold stock in the
company, falsely claiming that Mayor
C Herbert Moore of Spokane and
Judge J. D., Hinkle were officers of
the company. lie also represented
that the company proposed to' oper
ate a line of boats on the Snake river
to connect with a short line railway
lines which company was to build to
interior points near Idaho and Wash
ington. The grand jury having ad
journed it lis 'probable he will be
arraigned before some court and held
to await the action of the next grand
jury.
WASHINGTON. May 3. It has
been many a day since the decision
of the United States supreme court
ha been received with as much in
tcrcst a wa manifested today in
the reversal of the circuit court's de
cision on the "Commodity Clause,"
affecting anthracite coal carrying rail
road. Thee cause have been decid
ed favorable to the railroads in that
clause of the Hepburn law which pre
vents interstate railroads from carry
ing commodities manufactured, mined
or produced directly or indirectly by
roads wa declared unconstitutional,
The general impression has been
that the derision tvntilil lir flftirmi,l hu .
, .... . ; ' tne murdered woman.
tne supreme court., wnen tneretore
mere was a reversal instead ot an
affirmative decision, the interest was
magnified. When again it was found
that the reversal was based on tech
nical grounds and that the effect was
in reality favorable to the railroad
companies, public sentiment took an
other turn and those who had beet
anxiously awaiting the decision were
much puzzled.
The decision was Announced by
Justice White, who declined to' give
out more than a summary.' showing
the net results of the findings of the
court. Only one dissenting opinion
was announced, that of Justice Har
Ian. Analyzed, Justice White's decis'
ion is that congress did not transcend
it constitutional authority in enact
ing the commodity clause, but it was
held that the government's construe
tion of it had been entirely too com
prehcnsive. ' . As construed by the
court tne sole ooject ot tne clause 's would have gone out of business. He
to prevent carrier being associate ! added that without adherence to these
n Interest with commodities trans- principles, tlie party will go out of
ported at the time the transportation power. His statements regardin
was summed up. Roosevelt were in connection with .the
The act only compels companies to ex-President's suggestions favorincr a
(lisaSSSOCl'ate themselves from ths LranWrif income tar ttrtrati aUn
products they carry and the govern- quoted Taft'.s speech in which he
ment contention that the law applies spoke in favor of an income tax.
to the ownership of stock and pro- Asked by Sutherland -if he believed
hibits the transportaion of commodi- that Taft believes in the constitu-
ties simply because they have been tionalitv of an income tax, Borah re
produced by railroad companies is 0iie(i ti,at he only knew what Taft
untenable, the effect of the decision hiaH n to the American ni-onlo
MANY ANSWERS SENT PASTOR
Every Mand Who Answered Minis
ter's Questions Stated be Did Not
Want a College Graduate, Club
woman or Reformer.
INCOME TAX DISCUSSED
IN SENATE
BORAH QUOTES ROOSEVELT
AND TAFT -CLAIMS CAR
NEGIE NOT PARTY.
WASHINGTON, May 3--During
Senator Borah's speech he referred
to Roosevelt as having shaped the
destinies of the Republican party and
that without his leadership his party
is favorable to the railroads, and the
government lost practically on all the
points, except in sustaining the prin
ciple involved, in holding that con
gress had not gone beyond its au
thority in enacting the law. The court
while a candidate, for President, that
he favored an income tax which could
be drawn to be made constitutional
Referring to Carnegie s statement
that the income tax would encourage
perjury, Borah said, Carnegie did not
concedcs the right to legislate and majje the Republican party and I wish
I was just as sure that the Republi'
can party did not make Carnegie.
prohibit, and if so disposed congress
might enlarge and extend the scope
of the provision. . The decision sus'
'tains the principles of law.
NEW ROAD IN NORTHWEST.
PORTLAND, Ore, 'May 3-Some
time during tlie present week, accord
ing to official announcement, the for
mal opening will take place of the
Spokane. Portland and Seattle railway
company's line recently completed be
tween this city and Spokane. . The
new line is 377 miles long and fur
nished tlie company wttn a tnrotign
route from Portland to within nine
miles of Spokane. Over.thenine-mile
stretch the company will use ' the
Northern Pacific tracks as an en
trance to Spokane.
The new road is owned by the
Northern Pacific and the Great
Northern , railway companies. The
road is one of the most costly in
America, the cost of some of itrang-
ing from $200,000 to $500,000 a mile
over the stretches built along the rock
cliffs. I
THE DAY IN HISTORY.
1702 Lord Cornbury commenced
his administration of the government
of New York. .
1765 The first medical school ' in
America foundcd."
1782 Robert Monckton, colonial
governor of New York, died. Born
June 24, 1726.
1813 Havre de Grace, Md., burned
by the British.
1816 James McHenry, one of the
signers of the Declaration of Inde
pendence and Secretary of War in
Washington's cabinet, died in Balti
more. Born Nov. 16, 1753.
,1842 Governments of two oppos
ing parties formed in Newport. R. I.
1856 George Mcintosh Troup, U.
S. Senator and Governor of Georgia,
died. Born Sept. 8, 1780.
1863 Grand Gulf, Miss., evacuated
by the Confederates.
1897 Foreclosure sale of the At
lantic and Pacific Railroad at Gallup,
N. M. i
CHICAGO, May 3.-Rev. D, D.
Claughan, of the Halsted Institution
al Church whose sermon a week ago
on 'The Ideal Husband" was inspired
by letters from 100 young women, has
followed that effort by discourse
"The Ideal Wife." Letters from many
swains were read Sunday to an appre
ciative audience.
While the qualifications for wives
to-be were varied and amusing
many cases, it was evident that most
of the men who wrote to the pastor
were serious in their requests. Every
man wrote that he did not wish hi
wife to be a college graduate, a club
woman, nor a reformer. Neither was
it- considered essential that she be
pretty or talented. What every man
wanted was an "old fashioned girl."
All insisted that the acceptable girl
be a good cook and neat housekeeper
Only two men wanted a stylish wife
More of them wanted her vivacious
rather than quiet. All insisted on he
being a "home girl." The prevailing
opinion seemed to be against society
women, reformers or those interested
in politics,
' Several men were partial to a cling'
ing vine, while others thought it
would be a good idea if they could
get a .sturdy oak a woman amply
able to keep them well in hand.
will be devoted to the discussion of
legal aspects of the peace, movement.
William J. Calhoun presiding At
Mandel Hall, University of Chicago,
there will be a special session for
universities and colleges. In the
evening the general subject will be
"Next Step in Peacemaking," There
will also be an evening session for
universities and colleges.
On Wednesday, the concluding day
of the meeting, the committee on res
olutions will report, and their report
is likely to be one of the most inter
esting features of the entire congress,
Wednesday morning there is also to
be a conference of peace workers.
with numerous ten-minute addresses.
Wednesday afternoon the interna
tional greetings will be exchanged by
the i diplomatists. That afternoon
there will also be a special school sei
sion for the school children of Chic
ago, the finale of the congress will
be reached Wednesday night, when a
banquet is to be given at the Audi
torium by the Chicago Association of
Commerce to the delegates.
SERIOUS CII6E
ABAiflST JUDGES
NATIONAL PEACE CONGRESS
CHICAGO, III.. May 3-The Sec
ond National Peace Congress, a gath
ering of peace advocates from zl
parts of the United States and from
foreign countries as well; had its for
mal opening in Orchestra Hall this
afternoon, with Robert Treat Paine
presiding, More than a thousand
delegates are now in the city prepar
ed to take part in the various meet
ings which will continue tor three
days. -
The gathering is the largest and most
representative of its kind that has
been held in Chicago since the un.'
versal peace congress was held here
in connection with the Columbian e
position in 1893. Included in the at
tendance are farmers and college
presidents financiers and working,
men, suffragists . and anti-suffragists,
statesmen and business men., Among
the foreign diplomats taking part are
Count Johann Heinrich von Bern-
torff, German ambassador; F- L. la
Barra, Mexican ambassador, and Her
man dc Legercrantz, minister from
Sweden. '
I he programme ot the congress
provides for the discussion of inter
national peace in all its phases. At
the initial session this afternoon the
general existing status of the peace
movement was the topic of considera
tion. This evening the subject will
be "The Drawing Together of the Na
tions". Rabbi Hirsch will preside,
and among the speakers will be Presi-
ent David Starr Jordan of Leland
Stanford Jr. University.
Tomorrow morning there will be a
commerce and industry session, with
Richard C. Hall presiding. The busi
ness men's point of view of the move
ment for international peace will be
put before the meeting. Another
session will be held at the same time
at the Chicago Woman's Club to dis
cuss the general topic of "Women
nd Peace." Mrs. Philip N. Moore,
president of the General Federation
of Women's Clubs, is scheduled as
one of the speakers.
Tomorrow afternoon the session
SCARLET FEVER EN ROUTE
SALT LAKE, Utah, May .-Be
cause one of its occupants developed
scarlet fever between Denver and
Green River, Utah, a tourist sleeper
on the second question of Rio Grande
train No. 3, is quarantined in the
Salt Lake yards and the 26 passengers
are wondering when they will be per
mitted to resume their journey to Los
Angeles.
Accused of Complicity in Con-
nection Between the State and
'" Mail Road Companies
CONGRESS WILL INVESTIGATE
Resolution Introduced Alleges Two
Judges Accompanied Certain Rail
road Officials on a Fishing Trip
Party Arrested For Violating Law.
HAINES TRIAL STARTED
ON THIRD IVEEKn
NEGRO SERVANTS CREATE
MERRIMENT IN TELLING
ANTICS OF BILLIE. !
FLUSHING, N. Y., May 3.-With
13 of the defense witnesses disposed
of the Haines trial started on its third
week today. Probably the most im
portant testimony in behalf of Haines
was that of Lee Bugg. a real estate
dealer and member of the Bayside
Yacht Club. He testified that he had
discovered merits of certain property
adjoining the yacht club with Thorn
ton Haines. Buggs testimony tend
ed to show lack of premeditation on
the part of the defendant. The negro
servants of the Haines household
created merriment by their character
istic manner in telling about the an
tics of Bitlie Annie and Claudia
Haines at Haines' home during the
captain's absence.
FOREST FIRES , RAGING
WASHINGTON
FEARS ENTERTAINED THAT
ELECTRIC CURRENT WILL
, WILL BE DESTROYED. ,
WASHINGTON. May 3.-Making
serious , charges against Federal
Judges Phillip and McPberson of
the western district of Missouri, Rep
resentative Murphy of that' State in
troduced a resolution today to inves
tigate their conduct in the litigation
between the State of Missouri and
the mail road companies over the
maximum freight law and the Mis
souri two-cent fare rate. A commit
tee will be appointed to conduct the
investigation and report to congress.
The preamble to the resolution al
leges that the two judges accom
panied certain railroad officials on a
fishing trip on which occasion mem
bers of the party were arrested for a
violation of the game laws of the
state. The resolution charges Judge
Phillips of neglect of duty by con
tinued absence : from the- bench and
when lie does preside the court is ia
session only for four hours a day.
Murphy declares that Judge Phillips
is insulting to the attorneys. That if
a jury fails to bring in a verdict ac
cording to his instructions, he be
comes insulting and virtually accuses
the jurors of violating their oaths.
Relating to various phases of railroad
litigation, it is said that two judges
rendered a certain decision which in
effect usurped the executive powers
of the legislature. A, committee will
be appointed to investigate the
charges. ...
"COALS TO NEWCASTLE."
CHICAGO. May 3. In response to
an official request Morris & Company,
the Chicago packers, will send their
champion six-horse team of Clydes
dales to the Royal Agricultural Show
in London next July. , The Morris
team won the championship of the
world last December, and the six
horses which make up the team have
between them 121 ribbons .' . Two of
the horses are British born, two Ca
nadian born and two were raised in
Illinois. '
YESTERDAY'S 5 BALL SCORES.
TACOMA, May 3- Forest fires are
raging today and tonight over about
1000 acres of land eight , miles south
of Orting, and unless the wind chang-'
es quickly it is probable the high ten
sion of the wires from the Great Elec
tric power plant at Electron will be
destroyed depriving Tacoma and Se-(
ttle of an electric current for both
street car and lighting service. It is f
reported that the plant is in danger i
of desruction.
Northwest League. .
Vancouver, 1, Portland 8.
Spokane 2, Tacoma 3
Seattle 5, Aberdeen 2.
Coast League.
Los, Angeles 3, Vernon 1. ,
: American League.
Boston 7, Washington 1.
Chicago 4, Detroit 0.
National League.
Philadelphia 5, New York !
Chicago 2, Pittsburg 9.
St. Louis 5, Cincinnati 3.
THE HOUSE PROTESTS
I ON DAVIS PORTRAIT
WASHINGTON, May 3.-A pro
test against the action of the legisla
ture of Mississippi in placing the por
trait of Jefferson Davis on the silver
service to be presented to the battle
ship bearing the name of that state,
was presented in the house today by
Hollingsworth of Ohio in the shape
of a resolution. Hollingsworth desire ?
to have the secretary of the navy in-1
form congress what lesson of patriot
ism and what ideals of government ;
the proposed gift intends to inspire j
He also desired to know if the officers
of the Mississippi, including the cap t
tain, John C. Fremont, a descendant
of General Fremont if the Union
army agrees to the proposed decora
tion. -