The Oregon daily journal. (Portland, Or.) 1902-1972, November 09, 1903, Page 1, Image 1

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    ' 1 i
WHERE ROLLS '
THE OREGON'
Tonight and Tuesday, cloudy with
occasional rain, southerly winds.
VOL. II. NO. 209.
PORTLAND, OREGON. MONDAY EViENINO, NOVEMBER
1903.
PRICE FIVE CENTS.
SOW
GIG AIM
FiTi
THE ONLY BUSINESS FOR BILL-COLLECTOR
THE SPECIAL SESSION SBPffPY CtANn
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9.
YEARS
CONGRESS
1 II HATin
AN ilUUK I
High Wind Endangers
bhips on Oregon and
Washington
A SPECIAL 8E8SI0N OF THE LEGISLATURE SHOULD NOT
COST THE STATE TO EXCEED $10,000.
NEITHER WILL IT t COST ANY MORE PROVIDED THE
MEMBERS OF THE LEGISLATURE CONFINE THEMSELVES
STRICTLY TO THE WORK THAT IS CUT OUT FOR THEM. !
.
HERE IT IS IN A' NUTSHELLt
to repeal the present half baked
ge3ted tax law.
to Re-enact the old Tax law.
then to adjourn.
AND ILL-DN
I
DEWS OF THE DUNSLAW
Rumors of Mutiny Heard on the Water
Front are Discredited by Pilot
Recent Rains Furnish Trou
ble for Portland.
WEEPS FOR
HIS CURLS
Weather bureau advices state that a
sjrale la atUl raging off the mouth of the
Columbia liver. Early this morning the
wind waa blowing at the rate of 84 mllea
an hour. Storm-warning flags were dis
played at 6:40 o'clock last evening, and
vessela are considered to be In aa great
danger aa they were a few daya ago.
The gale Is general, extending all along
the ooaat Even In the harbor at Ta
eoma the wind waa blowing this morn
ing at the rate of 30 miles an hour.
The local agent of the steam achooner
Kelson haa heard no additional news
concerning the vessel. Those taking
passage' on her from Portland were:, R.
O. Irwin. E. Sandrlg. J. C. Balllnger. J.
R. Wilson, O. E. Marsh, F. N. Williams,
. Williams, A. K. Clark and Philip
' Bad ley. ? .
Since the storm has broken out afresh
-water-front residents believe It to be
rather doubtful whether or not the
steam schooner Aurella will succeed In
towing the wreck to San Francisco. It
la believed that she will have all she can
do to take care of herself.
Capt Nlchol of the British ship Duns
Law, which was forced to put back to
Astoria on account of his vessel being
disabled, la expected in Portland tonight.
Locally, It la believed that the damage
she la aald to have sustained are greatly
exaggerated. A report Is. going the
rounds that the true reason of the ship's
return Is being withheld. It Is Inti
mated that the members of the crew re
fused to obey the captain, and that he
decided to return for a fresh complement
of seasoned sailors In their places.
Pilot Patterson, - who took the vessel
to Astoria from Portland does not place
much credence In this report lie said
that the majority of the men seemed to
understand their business perfectly. In
Haynie Not Troubled Over
His Sentence, Says
His Wife
is mm
A SENATOR?
Question as to His Right
to Sit Is Again
Raised
SHE MAY QUIT HIM
Says He's Not Matured Mentally-Mrs.
Haynie Returns to Portland
Denies That She is Going
; on the Stage. .
HOLDS TWO POSITIONS
,y'' i & ' -
The Law Declares That No One May
Occupy Two "Lucrative Offices"
Under the State at One Time,
He Says He's a Legislator.
Mrs. Grace Walton Haynie returned
from Seattle last night, where she had
been for the last two weeka In atten
dance at the trial of her husband for
highway robbery. From the time of his
arrest until he waa sentenced to six
yeara at hard labor In the Walla Walla
tentlary she has exerted every in
fluence and effort In order to secure for
him a lenient sentence for his crime,
But for her. loyaHy and presence the
husband would have. In the opinion of
her lawyers, received a much longer
term. When Interviewed at the home
of her mother at 845 First street this
morning Mrs. Haynie said:
"I am glad that the case has ended,
and that the unpleasant publicity to
which I have been subjected is over.
fact there were only two of them that he My motives and connection with the af
would class as recruits. fair have been in many instances mis-
jtty BUglttljr Damaged. ' I construed. About the robbery I bad no
Thu1 itviuH tn th Cniumhi rivr I knowledge, nor had I anytning to do
irttv from the heaw utorm of with it further than that I was the vie
Thursday and Friday proves to have
been much less than at first reported.
MaJ. Langfltt has received a report from
Superintendent Hegardt, who writes that
only a few piles were carried away and
the track, which runs out .'over the
Jetty, was but slightly twisted. It will
be an easy matter to repair the damage
Inflicted by the storm
The local offices of the Astoria and
Columbia river road stated this morn
Ing that the last landslide at Bugby,
which covered their , tracks yesterday
morning, waa not so great In extent as
that of last Thursday, and that though
passengers were still being transferred
at this point, tney nopea to nave the line
open for regular service by tonight.
"The company has had day and night
shifts of ahoveiers on the scene since
the middle of last week and believe the
worst of the slide la over.
DOCTORS OPERATE
ON EMPEROR WILLIAM
(Journal Special Service.)
Berlin, Nov. 9 This morning's bul
Jetln on the kaiser's condition says that
the Inflammatory reaction which as a
matter of course set In after the opera.
tion is already subsiding. Nevertheless
the healing of the small wound will
probably take eight - days. The em
peror's general condition is good and the
temperature of (lis pulse la normal. The
operation was performed yesterday and
consisted of the removal of a polypus
from his larynx, it was under the direc
tion of Prof. Morits Schmidt and was
an entire success. It is said that the
- empsror did -not know -f th . growth
and suffered no Inconvenience until a
Xew days ago, !
KATY SHOPS CLOSE 7.
IN THE SOUTHWEST
(Journal Special Service.)
Fort Worth, Tex., Nov. 9. AH the
shops in the Mlssotfri, Kansas & Texas
system' in the Southwest" 'were closed
-this, morning by a strike of the ma
chinist helpers who demand increase
' In wages.. sv7
A9YA2TCXD BE0UJUTT KEABX2TCK
(Journal Special Service.)
Washington, D. C, Nov. 9. The su
, preme oourt today advanced the date of
' the hearing of the rase of the state nf
Minnesota against the Northern Secart
. ties company to January 4, , ,: ,
tint of a chain of peculiar coincidences.
My husband was arrested, aifd as his
wife,-my duty was to stand by him In
his trouble, whether guilty or Innocent.
My husband Is only a boy in years and
a child .mentally, and his unfortunate
position Is more due to lack of Judg
ment than to criminal traits. His heart
is in the right place, he being of a kind
and generous disposition. In looktng
back over our married life, I can now
see that he Is not wholly sound of mind,
and hot responsible for his actions'.
Worried About His Hair.
"When his sentence was pronounced
he took It s a Joke and did not seem
to comprehend its meaning. The thing"
that worried him most waa that fen ar
rival at the prison he would be shorn
of his fine head of golden curls, which
have for years been carefully trained.
and of which he was vain as a child.
He also looked at his white, soft hands
with the neatly manicured finger nails.
and shed tears over the thought of
soiling and blistering them in the hard
work at the Jute mill or in the brick
yard. He asked permission to take his
bright-colored hose and silk underwear
to prison, and when told he would not
be -allowed to wear tnem, was greatly
depressed. He said that when his term
expired he would go on the road with
a concert troupe in which he would star
and I would be the leading lady.
'He has no conception of life and Its
realities, and in Justice to myself I will
probably never live with him again.
While my marriage to him was a mis
take, and through It and the subsequent
developments 'my happiness and pros
pects for life practically ruined, I have
no one to blame but myself. Since the
trouble I have performed what I con
sidered my duty, and In the future will
do the best I can.
. "1 her report that I am going: on th
stage is not true, at least I have no in
tention of doing so at present. My pre
vious experiment in tnis line was
prompted by an urgent necessity to earn
money to defend my husband, and it
required a great struggle to face the
public under those circumstances. If
at -some time in the future I nave tne
opportunity to take a dramatic course
and can go on the stage and win popu
larity through genuine merit I may do
so, but never again could I be induced
to sell jnyself to gratify the morbid
curiosity of the people. : For the ires
ent I will either take up my occupation
as a stenographer or will return to the
home of my father In California. It
will be a great, trial and a source of
humiliation for me to live in Portland,
as I cannot go on th, street without
men. women and children turning about
and staring at me and making remarks,
as If I were some -freak.
CONVENES
Senators and Congress
men Adjourn After Pre
liminary Measures
THE OCEAN
Thirty-two Uufortunates
Adrift in Open Boat
; for 48 Hours. '
ON CUBAN RECIPROCITY
Reading of President's Message Post
poned Until Tomorrow-Cannon
Elected Chalrman-Depew
and Hanna Cheered.
WRECK OF THE NELSON
During Fierce Gale on Oregon Coast
Staunch Steam Schooner Has
Deck Load of Lumber Washed
Away AH Lives Saved. ,
(Journal Special Service.)
Washington, Nov. . Members of the
pper and lower houses or congress
convened today as railed by the procla
mation of the president to act on the
reciprocity treaty with Cuba.
In anticipation of the receipt of the
message of President Roosevelt, mem
bers of the senate assembled early today
n the senate chamber and In the cloak
rooms adjoining. Many of the senators,
particularly the close personal and polit
ical friends of the president, were al
ready familiar with the principal fea
tures of the message, but the reading of
the paper was postponed until tomorrow.
In the house, which Is not so sedate
(Continued on Pago Two.)
Is B. F. Mulkey entitled to sit In the
state legislature as senator from - Polk
county? The question has been raised
before,, but renewed interest attaches to
it at this time in view of the proba
bility of an extra session of the legisla
ture and that provision of the laws
which makes It the duty of the governor
to call special elections to fill all va
cancies that may exist in the two
houses.
There are two grounds on which It" Is
argued that Mulkey Is no longer en
titled to a seat In the senate.- .The first
la that he holds the office of president
of the Southern Oregon State Normal
school, at Ashland, a lucrative position,
and is therefore ineligible under the
State constitution to sit In the legisla
ture. The second Is that he has ceased
to be an Inhabitant of the senatorial
district which he was elected to repre
sent, and therefore, by operation of law,
the office has become vacant.
Article II, section 10 of the constitu
tion provides:
"No person holding a lucrative office
or appointment under the United States
or under this state shall be eligible to
seat In the legislative assembly, nor
shall any person hold more than one
lucrative office at the same time, except
as in this constitution expressly per
mitted; provided,, that offices in the
militia to which there is attached no
salary, and the office of postmaster
where the compensation does not exceed
1100 per annum, Bhall not be deemed
lucrative."
Two Offices at a Time.
Ever since his appointment as presl
dent of the Ashland school Senator
Mulkey has been drawing a salary o
$1,800 per annum. As the school Is
state institution and all the salaries of
the faculty are paid by the state, it
would seem to be clear that he is "hold
ing a lucrative office, .under this state.
Before the last regular session of the
legislature the question was frequently
asked whether Senator Mulkey had not
become disqualified to sit In the senate.
by reason of his position at Ashland,
but no effort was made by his constltu
ents in POlJcounty to oust him from
his seat, ifalkey's senatorial colleagues
also alloweiMils apparent disqualification
to pass without action, and he has there
fore held his seat up to the present time.
Being a Republican, there was no dispo
sition on the part of the Republican
majority In the senate to unseat him,
The seats formerly held by Senator
Fulton. Congressman Williamson ' and
State Senator John Daly are conceded
to be vacant because each of them now
holds "a lucrative office under the
United States." The same reasoning
wouia ieaa to tne conclusion that 1'olk
county M'witnout a senator and that a
special election should be called to -fill
the vacancy.
' " ' "Inhabitant" Hot "Resident"
The second disqualification urged
against Senator Mulkey is that he is
no longer an Inhabitant of the senatorial
district which he was elected to repre
sent. It Is true that he asserts that he
has never lost his legal residence in
Polk county, and in technical sense this
may be correct But under the laws of
Oregon he must be not only a resident
but"an inhabitants -the county , in order
to continue tq represent It In the legis
lature. '
Article 2.846elllnger and. Cotton's
codeb and statutes, enumerates the cases
In which the office'' of- a legislative or
other public officer shall become vacant.
One of them is "His ceasing to b an
inhabitant of the district, county, town
or village, for which he shall have been
elected or appointed."
By a legal fiction Senator Mulkey
may contend that be is still a resident
ADELINA PATTI.
New York, Nov. 9. A sensational scene was enacted when Madame Pattl,
on leaving Carnegie hall yesterday, was approached by a man who placed his
hand on her shoulder and asked her for trie payment of his bill for services
rendered on the dock when she arrived In this country the other day. The
diva Indignantly referred the man to her agents, when Baron Cederstrom's at
tention was attracted by the loud talking, whereupon he struck the collector
in the face and chased him away, belaboring him with a cane. Madame Pattl
was for a moment' violently excited, but she recovered her composure when told
that the man would be paid. She then took the train for Chicago.
(Continued on Par Two.) .
COLOMBIA
Strong
sends
PROTEST
Representative of Southern Republic Calls
Secretary Hay and Delivers Formal Note
Panama Appoints Commission
on
Washington, Nov. 9. Representative
Herran of Colombia presented Secretary
Hay the formal protest of his govern
ment against the American recognition
of the Republic of Panama. The text
of the protest has not been made pub
lic, but it is understood to be based on
the alleged violation of the treaty of
1S46 between the United States and
Colombia. Bunau Varllla, the new min
ister of the Republic of Panama, pre
sented his credentials and lunched with
Mr. Hay at the lattef's residence today.
Varllla is confident that it will be a
short time only before Panama -will be
recognized as a government da Jure In
stead of de facto. Word was received
this morning that a commission of three
had been appointed, and.x.wllL leave
Panama for Washington tomorrow for
the purpose of negotiating . the treaty
for the canal. Varllla will act in an
advisory capacity with the commission.
The financial terms of the treaty wilt be
the same as that negotiated with Colom
bia, $10,000,000 cash and $250,000 yearly
as rental after the expiration of seven
years. In other respects the treaty will
be even more favorable to America. It
will obtain exclusive Jurisdiction over
the canal strip in all police and sanitary
matters instead of divided control.
New Tork, Nov. 9. Colombian Consul
Brigard said today that he has received
advlqes of .a.mojiement afoot at Bogota
to appoint a commission to go to Ger
many and ask that country to assume
a protectorate over Colombia In return
for valuable land .concessions on both
the Paclflo and Carrlbean coasts. Bro-
gard said that if the concessions are
made It will be as near the Isthmus of
Panama as possible. He discredits the
reports of Americano being killed In
Colombia, although the people of the
Interior are highly excited.
is the upper branch of congress, the
scene for an hour or -two before the
chamber convened resembled somewhat
in exciting day on the stock exchange
In New York. Pages- were- scurrying
about trying to find members for constit
uents. The laughing crowd of repre
sentatives were admiring their new
desks and the other Improvements that
have been completed since the adjourn
ment of the Fifty-seventh congress.
Pushing about on the floor were
crowds of visitors, many of them women
all anxious to obtain tickets which would
entitle them to seats to witness the
opening proceedings. The old habitues
of the chamber were kept busy pointing
ou( the new members who made their
appearance on the floor for the first
time. The older members had a most
patronizing manner, in .speaking of the
"infants," as they -named the members
serving their first term.
At 11:45 o'clock Assistant Doorkeeper
Kennedy pounded his gavel and ordered
the floor cleared. At the stroke of noon
Clerk McDowell called the house to or
der, when blind Chaplain Coudon of
fered prayer. Cannon was elected
speaker at 1 o'clock by a vote of 198
to 166, for representative John Williams
of. Mississippi.
As--the roll call ended the name of
the new delegate from Hawaii was added
and some amusement was caused by the
repeated efforts of the clerk to pro
nounce his name. Three hundred and
fifty members answered as their names
were called.
In the Senate.
In the. senate Chauncey M. Depew's
appearance was a signal for a cordial
greeting from the galleries. This grew
stronger when Senator Hanna entered,
walked down the main aisle and shook
hands heartily with Senator Gorman.
The ovation had hardly died down when
President Frye dropped hla gavel. Sen
ator Mallory of Florida had his cre
dentials presented after which he was
escorted to bis desk. The roil call
showed 70 senators present. The cus
tomary ' resolutions followed.
The chair appointed Senators Hoar
and Gorman on the Joint congressional
committee to wait upon the president
At 12:15 o clock the upper house ad
journed.
(Journal Special Service.)
San Francisco, Nov. 9. The crew and
passengers of the waterlogged steamer
Charles Nelson arrived here this after-,
noon on board the collier-Titanta. They
tell a sad story of 48 hours' suffering
In two small open boats off the mouth
of the Umpqua river, on the Oregon
coast. The details of the wreck and
rescue are best told In a dispatch re
ceived from Astoria this morning.
"KEPT IN CHAINS
o r ir mti i- m r a o'i
OQVQIM IQCIN Urt TO
Jerry" Leslie was brought to trial
before Judge Frazer In the circuit court
today, charged Jointly, with Leo Griggs,
with the. murder qf Max Calof on tho
ight of June 22, in the latter s barn at
26 First street. Nathan Calof, son of
the murdered man, who says he was
wounded in the wrist by a" pistol shot.
in a preliminary tussle with the mur
derers, was the first witness called by
the state, and swore that Leslie anU
Griggs committed the crime.
Calof testified that between 9 and 10
'clock on the night of June 22, he Was
feeding the horses In his father's barn
on First street. As he was leaving the
barn for a pall of tfater he encountered
two men, who forced him Inside, The?
asked him for 'money, he said, and when
he told them he had none, each: fired a
shot, and he fell, with a bullet through
the wrist. , ( . ', ., . ': .... ...
His mother ran out of the house, he
said but returned at once to- summon
his father. Next he heard a shot In the
front yard.-- and - going there found
Crowd assembled and his father lying
mortally wounded on tne ground. -
Attorney J. F. Watts, In hla opening!
7;' - . V-v-"
plea on behalf of Leslie, severely ar
raigned the police department, alleging
that the prisoner was manacled with
chains for 17 days, and refused outside
"Do you mean to say that this Is
true?" Interrupted Judge Frazer.
. "It is true your ht..nor -there ,1s no
question about It. For 17 days this
man was chained. He asked for inves
tigation and they refused him. Then he
asked for' an. attorney, but this also
was denied."
Nathan Calof told a rather straight
and Impressive story on direct examina
tion, but when - cross-examined broke
down on Important detail,
"Did you know Leslie when he en
tered the barn?", was asked.
"I did." . ,. , , . , '
,' "How did yotf know him?"
T knew his walk ana voice." .
"Could you see his face?" '
, "No, bis hat was over his eyes."
" On cross-examination he . admitted
that he did not know at the time that
the men In the barn were Leslie and
Griggs, and that he did not find it out
till he arrived at the hospital. ,
Wants Banna to Bern In.
Washington. Nov. 9. Senator Hanna
called on the president this morning by
appointment and was urged by him to
remain at the post of chairman of the
Republican national committee. Hanna
promised to give tne matter considera
tion before reaching a decision.
KILLS CHILDREN WITH
A BILLET OF WOOD
(Journal Special Service.)
Memphis, Nov. 9. Emma Wilson, a
negress, yesterday at MarKsvnie, miss..
beat her two children to death with a
billet of wood and then killed herself.
She said her husband was enamored
with aj3aathXwiian and she did not
warffner chlldrentmssed by her successor.
Astoria, Nov. 9. Thirty-two ship
wrecked people -adrift In two small open
boats for 48 hours off the Southern Ore
gon coast Is another tale of a marine
horror that was reported late yesterday
by the ocean-going tug Sea Rover,
which arrived hero from San Francisco.
The steam schooner Charles Nelson, on
which the unfortunates had been passen
gers and erew, became water-togged In
a heavy gale off the Umpqua rtver
Thursday and all aboard were 'safely
taken from the vessel and their lives
saved.
Captain Thompson of the Sea Rover
related the circumstances of the disaster
and the rescue of the crew and passen
gers today, also telling graphically the
details as related to him by Captain
Gunderson of the Charles Nelson.
Story of the Wreck.
Said Captain Thompson: "My tug
was making good speed at 7 o'clock Sat- -urday
morning In clear weather, light
wind and a heavy northwest swell, .
when I sighted two small boats a mils
to -the starboards each of which was fly
ing signals of distress, i We were then
about 20 miles off Cape Arago. Within
very short time we had come along
side and had taken the suffering people
aboard. Three or four were about ex
hausted, but revived after being given
warm food and clothing.
"Captain Gunderson commanded one
boat in which were 17 persona and the
mate was in charge of the other carry
ing 15.
"Three hours after picking up the two ..
boats we sighted the collier Titanla
bound for San Francisco, and -It was the
desire of Captain Gunderson that his .
crew and passengers be sent aboard and re
taken to the-California port.
"The master of the wrecked vessel be
fore leaving my tug gave me a full ac
count of the trouble, as follows:
The Captain's Xcport.
""We cleared from Astoria at noon
Tuesday, lumber-laden from Westport,
and had proceeded under good headway
for 24 hours when we encountered a se
vere storm with high winds that soon
developed into a gale. My Ship stood
well in the storm until Thursday morn- .
Ing when the deck-load of lumber began
to shift, which caused the resnel to list
to port.
"I ordered her put before the wind ;
and all hands at once turned to clearing
the 'deck of its load. We had worked
probably an hour when the seaa swept It
away carrying with it the Samson post
and breaking open the deck. .
The -ship began to take water in
Immense quantities and as one pump
soon choked nothing could be done. The
engineer reported to me that he could -not
keep the fires up and I ordered all
hands on deck and the boats cleared.
The Trials AwftU.
1 ordered the mate's boat to keep ,
with mine and we stayed by the sinking ; .
vessel all that night The trials were
aVful ajs the winds were fierce and cold. "
I had taken precaution to provision thay
boats well before leaving the ship and? .
this was a wise course.
" In the morning I saw the Charles
Nelson lying watter logged a half mile
away, with her stern far down under tn
sea. Her bow rode high and I believe
that she could not survive many hours.
'We then abandoned her and put -
down the coast Intending to make some
Dort. At this time we were off the
mouth of the Umpqua, probably 10 miles,
and the offshore wind carried us almost -, "
(Continued on Page Two.)
DENVER GIRLS TO
STOP ALL MASHING
Continued o Page Five.) -
(Journal -Special Service.)
Denver. Nov. 9. A plan to put a atop
to the annoyance of shop, girls on the
streets by loafers has been Inaugurated
here by Miss Hardin, president of the
Business Women's club. The plan IsJ
a far-reaching one and consists first or
a patrol Ivy the members of the club
keeping watch on the offenders and re
port to the; nearest policeman. Another
Idea Ts to organize the young women
employed In th ofllco and utorcs ati-1
when a complatnt Is regi'iered ugair.nt
an employer the club to rnnsncut. f., n
protecting the glrls frm Insiijf, t.f
worse, in many case, The glrU eif' 5
to drive the mashors from U; , ,-s
before Christmastime.
r
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