' 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 h v mbssbw m, bbsbbsb ajaaap sj- w w sssbbbssb hbv mm 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 - V-f-f