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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (Dec. 9, 1903)
VOL. II. NO. 235. PORTLAND, OB EG ON4 WEDNESDAY EVENING, DECEMBER 9, 1903.. PRICE FIVE CENTS. WILL HARRY BANDIT " . 0NJHE SCAFEOLD j . - f )ia Southern Is to Build From Shaniko to Bend. HARRIMAN ARRANGES IT : President Lytle Gives Details of the ,' Sew Line for Which $1,500,000 " kJ of Bonds Will Be. Issued- " To Use O.R.4fi.Cars. E. fUilarriman announced, last Bight t a dinner at the- Arlington club that . the' Columbia, Southern railroad would be extended, into Central Oregon. , . ' '.'The Columbia Southern will extend Its- line from; lfs present terminus at - Shaniko to Bend, 100 mile southwest," satd 'President E. K Lytle of the Co lumbia Bouthern this morning. "I had a conference with President Harrlman yesterday afternoon,'" contin ued Mr. Lytle, - "and It waa definitely arranged that the extension is to be ; built. The O. R. & N. Co. Is not con- ' nected with the project, but Mr. Har rlman will float the necessary bonds and the Harrlman resources will be behind theextensIon. Just when the work will " begin Is not definitely knqwn, but the - line to Bend has been thoroughly gone over and everything ,1s ready for rapid work when operations are begun." ' - " Bond Issue of 1,600,000. '' . In regard 4o the, coHt of the extension of 100 miles and, the Issue of bonds Mr. . Lytle said : : ' f!Tft bond Issue will be, for abqut 11.500,000 - : We will ultimately reach Butt, but the 1 trie to Bend Is all that is projected under the present agreement and to' all that we Can speak definitely about."- - ' .' .. "What are your present arrangements with the. O K. & N, concerning rolllng '. stock?" waa asked. " :r- r" The O. it. & N. Wilt TurhlsH"U with . freight-cars. ; We have .our own .motive power. - The grade -of the proposed ex tension Is generally very slight. There Is a stretch for a few miles, that ap proximates i W per cent, hut that Is the heaviest, and,that grade extends for only a short distance. The line will pass through' Prlnevttle and thence will head west ot Bend, which will be our terminus ; until we can start Work on the Burns line, which, as I said before, is an indefi nite proposition." ; , ..' Bunpter T alley Extension. ' " The 'O. R. f N.'. map that Is used by ' the officials shows projected lines in Eastern -Oregon of -which nothing has been heard, and one -of these projects for which surveys have been made and plans drawn Is an extension from the present terminus of the Sumptef Valley ' road at Sumpter Into the John Day cbun try. This line Is believed by engineers who have, surveyed the country to be i easily feasible, since the John Day val ley furnishes - an easy grade, and , as prospected the llnewould pass through -Canyon City and follow the John Day river toward Bhaniko. , " Such a line would afford an excellent opportunity for a line to the terminus of the Columbia Southern at Bum and besides opening - up nil of. Ventral Oregon would afford " to the Ilarrlman lines outlets to the In terior at Baker City and Biggs, so that - time shipments' from the East could be , seat by these routes..-ltovlng the Pen dlcton branch of Its present heavy traf " lie. , . , i - AHTXBAX.OOIT 1XAOT7B. -. (Journal Special BerYlei.) " Washington, Dec. 9. The eighth aw nual convention : of the Anti-Saloon league opened here this morning. A hundred delegates from all portions of America were present. . DREDG ER CHI NOOK : READY; FOR WORK Immense Capacity of. Machine Will Soon Be Demonstrated- on Columbia Bar Weather--, Prohibits Trial Yesterday- , (Journal Special 8crtee.) Astoria, Or.,' Dec. 9.- The government Iredger Chinook is at last In readiness ' for its Important-work of -removing the bar ac 'the mouth of, .the. Columbia, s An attempt was made yesterday: to begin dredging the bar, but the seas proved too heavy. The Chinook , will try - it .: again today,'" ; -. ' r Since the arrival of the Chinook from Mare island a month ago many changes have been made. Much superfluous equipment has been removed and many tana of weight has been taken from her, ' thus reducing bar draft She now draws 19 feet 6 inches of water and is light. Her ballast has been shifted so as to make her draft uniform both forward and aft. - ! -Fro'm this -time forward the Chinook will be wad to work on the bar when ever weather and aea will permit, i Dur ing the winter she may be able to work, only a few day each month, but it la " pufiiblrt-ibai wjie not engaged on the bur Hhir way put'lw her time dVcdglng the phannol nnd harbor lit Astnrla. . At an invitation of Wu'lterrRoub, col Young:Wife On Trial for Dastardly Crime of WlHlnri fnncnrf lllUlllg VVIIOVI vi SHE TIED: HIS HANDS A Private Picnic Party Formed When the , Unsuspecting Man Was Put . to Death by Wife and, a - : . : - Guilty vniain (Journal 8peclal Serrlce.) ' Bennington, , Vt., Dec ; Not In the history of the New England states has more Interest been taken In a murder trial than that began this morning when young and pretty Mrs. Mary Rogers was placed on trial for - having killed her husband In August, 1903.' cr owing . tO' technicalities the trial has been put oft until today. . Mrs. Rogers has been In Jail since the commission of the crime. It is doubtful If the woman will escape the gallowu. The murder of which she Is accused Is revolting In Its details. On a wariA'day in August, 1902, Mrs. Rogers planned a. private picnic party. All that attended were her young hus band and Leon Perham, a wealthy man of this place.. While eating lunch the wife of Rogers playfully tied his. hands behind him and after thus securing him applied a chloroformed handkerchief to his nostrils, and despite hie struggles, kept It there until he was dead." , , ",; Until He Sled. Perham held the husband untir his death was assured? Then his body waa taken and thrown Into the river. When" the" crime was c finished the guilty couple ran away and .were cap tured 20 miles away en route to Boston. .. Roarers, the wronged husband, was un suspecting and was the last to know of his wife's infidelity. e was wen-to-do and. enjoyed the comforts of a luxuriant home. .v i ' ' r i Perham' had been a school mate of the woman and secretly 'visited her af ter her marriage 'four years ago. Per ham : confessed to the crime, and also that Mrs. Rogers - mufdered her baby girl when It was nine months of age. The wretch will suffer death. . i. ' Sirs. Rogers appears unremorsef ul, although she says she loved her hus band better than Perham., Bhe ac cuses Perham of constantly having threatened her wlth exposure. . DEWEY'S TRIAL FOR. MURDER CONTINUED (Journal Special" Service.) . Topeka, Deo, 8. The trial of Dewey and the cowboys for murdering the Berry family was continued at St. Francis to day until the next term of court. Bob Miller,-the formar deputy sheriff. after,,a telephone conversation, with Dewey at hta headquarters at Manhattan, started for there, today with a Winchester rifle and 600 cartridges. . . J. TOOK BLACK OPIUM - TO END HIS LIFE 1'"' ' (Journal Special Service.) v 14 Grande. Or., Dec. 9. A man giving his name as B. .A. Kugerit took black opium here this morning with suicidal intent. He arrived here" last evening frem .Michigan In search of a lost sis ter, and; finding her in the red-light dis trict he attempted hls' llre. The doctors think he win recover. ; ; :'-';tA lector of customs, a nu'mbrr of. gentle men, from Astoria and Portland went on board the Chinook yesterday,' expecting to see work commenced on t tie bar, but after, running out toward the bar Capt. George 1L Dunbar, the master, con cluded the sea .waa too rough for. dredg ing end the Chinook returned to the river.-. ";-!' " . '. ; Vv-'S'v'.-'; Two big" loads of; sand were taken up from the river channel and carried over to the Washington aide and dumped in deep water. The. sand was- scooped up at the rate of 80 tons a minute' Capt. Joseph T. Hubbard, who Is In Charge of the dredging apparatus,, says that under favorable conditions the Chinook could dredge 8.000 yards, or 18.000 tons, a day, and might even do twice as much. -. F. C. 8chubert, a government engineer and one of MaJ.'Langfltt'a assistants, has general supervision of the Chinook's operations. The crew consists of from 75 to 80 wen. The officers are; Capt." Dunbar, master; Jacob Speler. first officer; Joheh Llndley, chief engineer; Henry Barber, second i- slBtant engineer; Capt. Hubbard, tlreilg-IngL-master. assisted bV U. C Rode. ' ngjnflsti i-sA't "iSf ' '-;'f.'J;'A ' jf ' t . A f ' . - 1 " . 1"hs upper and lower left hand I s,' t t . , half-tones are those of , Mamie 4 y'.y p h if-L Z '" :v S : A Dunn. The other la thati of the; i ' K-t' " 4 bandit's mother. . -4 J ' r-i t'l' t . - V55I- ' . it-t.l-- . l w - y AT PEACOCK SPU Sgi . Ilg .t ' ITAXXAH . BAB8C rOVXVIVQ . TO ' AZ.L KAJTDS ; KESCTTED '. BT UH ' BOATS ' CAJPTAIK'S ,ASXLC SFBAUTED WO OTHESS EVXT. . ' (Jouraal Bperial Bcrrice. Astoria, Or., Dec. 8. The Italian bark Cavour struck Peacock Spit last evening about-:45 o'clock and the Indications ara that she will soon be a total wreck. The vessel was anchored near i Sand Island, where she was waiting an op portunity to get over the bar, and ttie strong current and east wind proved mora thw her anchors could withstand. She began to- drift at o'clock -iri the evening and moved, rapidly. When she t ruck-it became apparent at oncethat the crew was In imminent danger. Sig nals of distress brought ).he life-saving crews to the scene. The vessel was pitching so heavily tnat the boats'wero unable to get near' enough . to take Holt the men, but at 11 o'clock at night they were all saved. A tug brought the crew to this city. . ... . ,-jCapt. T.'.Lolfanos suffered' & sprained ankle,, but aside from this none was In jured. The Cavour is owned by Doming Loero, and was bound foe Pteco, Peru, with 1,043.463 feet of lumber Sha was purchased by her present owner In 18il. Captain Dolfanos thinks that: the bark will undoubtedly pound to-pieces, and that,. together with her cargo, will be a total loss. ; TheJ current was unusu ally strong last night, its effect being noticed by many of the vessels lying In tha Inner barbor." r , ,f - . The latest reports from the scene of the wreck of the Italian bark Caycur relate that the vessel Is a total loss, and that the Cargo of lumber has been washed to sea. At this time only the ribs of the hull are to be seen, the rest of the' snip being broken up. Captain Hoben,' Lloyd's surveyor, had ocaslon to inspect the Cavour w1?ll he waa here, and says that ahe was per fectly sound in every respect. He says' sne lemicea to a certain extent,- but not sufficiently to cause any anxiety. - "AH wooden-hull vessels leak more or less," he- explained. "The, Cavour is only 23 years of age, and had she not met with this accident would have been good for a long period yet. She was built in Nova Scotia." - . . Peacock Spit is considered the most dangerous point at the mouth of the river. It Is on the north side of the stream, Just south of Cape Disappoint ment. It has been the scene of many accldenta, : The only vessel . that 'waa ever known to go aground there and es cape ' without serious damage is the German ship Alsternlxle. While enter-J e aw J v & ft U Oil V went ashore there, and for a time was threatened- with destruction. Calm weather came and she was Anally hauled out of her perilous position by the bar tugs. SOme 25 years ago the team ship Republic was wrecked at the same place and several lives were lost. - ' The Cavour received her cargo at the North Pacific mill. It consisted of 1. 043,468 feet of lumber, valued at $16, 1E8. With a strong east wind blowing, It Is believed that the lumber will be washed out to sea, and none of it saved, D0W1EITES REJOICE . OVER RESTORATION (Journal Special 8rrlce.) Chicago, Deo. 8. The Dowleltes . con gregated on the street, corner . pf Zlon City this morning, unmindful . of the snpw storm, and rejoiced over the res toration of the city , to Dpwle, who was today placed in , practical possession again ' until . the next court proceeding this week, when Dowle Is expected to file a) petition of solvency before the court : y ' " w of. : -y - y--,''......' . . -, -r. . ....... 1 rl ::T-' r:T ,:- . .' 11 1 r : -, . . :.. : ". b- GAMBLERS'! : ONLY Increase of Last Month Indicating a $100 Monthly . Raise Not MamtainedA -.Comparison ; of i ' Contribatfohs 1 Frorri; the :"Kitty' . : ' The Increase oft lie seml-mouUtly fines of five of the "clubs" belonging to the gambling trust la only 825 nbt 850 as was expected. This makes a difference of $250 a month In the receipts of the" city treasury: ; ' ' r f r--t-- .This fact became public. property .to-, day when the Portland club, Erlckson's and Blaster's First street house forfeited their fortnlgh'tly ball by non-appearance In : the police coilrt. The , former two places have bad their ball reduced 826 each from the sum paid tha. last time. -. Under, present conditions Chief Hunt can. either increase or lower the amount of ball to be Deposited by any gambling house as he wlrls; . He saw fit in the lat ter part of November to compel certain of the gamblers -to- pay-$60 additional. These sume gamesters have now . suc aeb ceeded in getting this Amount lowered Chief Hunt explained the change In the fines by1 stating that the sum was less this time than during .the secorl arraignment tn November, . so as to equalise the amounts. As the second fine will, be equal to thta one, December's, total will be the same' as that for Nov- emben. :; ' : ; ': '' ' ';'"v In the police court today John Thomas. FREIGHT WRECKED KEAR REDDING, CAL ' ' ' "Journal Ppwlnl Spi-tIct.) Redding, Cal., Dec. 9. Six cars of the northbound freight No. 226 was wrecked a mile and a half above Redding early - this morning. A broken flange on a loaded 'car .caused the dtsiastfir. ;.. The train waa epeoding along at a lively clip and the cars piled up In a great mass, the contents being scattcredV.-and the track torn up 100 feet., "The rars were totally- wrecked but -no . one r was hurt The northbound California express was delayed bare." 10 hours. J The .track may --r-y ,y-y.," yy FINES $50 HIGHER t.!- for the Portland cfub. forfeited 8276; George I'uller, for Erlckson's gambling house,- 8176; C Burley for Blaster's First street resort,. 8160. . A month' ago the scale of fines for the larger - gambling houses kept by white men was as follows: Portland club, 8250: Blaster (E. and X'Blailer). 8160 Nach; ;Frltx's, 8160; Gem v club, 8150. These were the amounts forfeited by each of these houses following tha first arrest in-November. ' . .. ' , When the second arraignments last month were made the sums had been changed by Chief Hunt as follows: Portland club, 8300; Blaster's Burnslde street,: 8200; Erlckson's, 82p0; Frlts's, 8200; Gem club, 8200; Blaster's First street. ' $150.' ------- tt-- These figures Bhow that In averjr ease but. that of J.v Blaster tha fines were raised 860. ' That the sums" bave been reduced where they were raised last month Is shown by the amounts endorsed on the ball wararnts of those who were not on the court record this tnprnlng but who will probably -appear tomorrow,.;. These are: Blaster's Burnslde street house, re duced from 8200 to $176; Fritx's reduced from 8200 to 8176; Gem club reduced from 3200 to 8176. - V..-.v . a; ' not be- clear until the middle of this afternoon. : Transfers are being made. ' (Jonroxlgpertal Rrle.) . -New York, Dec. . At the Nationar league meeting held in this city last evening, i Harry Pulliam . was ununl mouMly J re-elected president of the organisation, The 'board adopted the foul strike rule and awarded . the pen nant for the past season to Pittsburg. GBATTXirO OrnciAls. - (Journal Special Scrylce.) Kansas City, MO;, Dec S.-i-TIie grand Jury today began Its ' InveHtlgntioik of grafting tbs.rges. involvlnt; prominent city and county oftlclulSv ., .--.. V V' n" . " . ; :;-'.'. ' -j '. '.' ' " ' '..','..'. , ' 4 4 '- Chicago, Dec. 9.--Mamle Dunn, the sweetheart , of the car-barn bandit, Harvey Van t Dine an nounced today' that she. will marry the young outlaw on tho scaffold in cn'Sir-ha Is executed, . Mrs. Van Dine believes that her son will be rescued by friends from thfi outside before his trial takes place. "She and Miss Dunn have had their pictures takojv and the ' latter Is selling . them in a dime museum as a means to raise money for the murderer's de fense. . f Plcturea-of Van Dine' are also befiig old, although the police have ordered that all i likenesses Of the cut-throat be .destroyed, v When Miss Dunn and Mrs. Van Dine leave the museum they are followed by-"crowds of morbid men and women., , WAS . INJURED IN ' ; HIS LINE OF DUTY r . (Journal Special BrTle. . AetorUi, Or., Dec. 9,Gebrgo M. Trow bridge, a Portland newspaper rnan, suf fafcd a severe injurjf to his left; foot ycsterUay afternoon while attending the munouvcringa- of the dredge . Chinook in the, lower harbor. i Mr; Trowbridge rep resents The Portland, Journal and waa sent by his 'paper .to report the result of the work scheduled Tor .yesterday by the Chinook. The , accident occurred ' while he was leaving the ship to board the cub toms ; launch Patrol. His foot ? was caught between the dredge and the launch, the action of the sea causing' the Patrol to lurch suddenly. The injured man was brought to -this city and taken to St. Mary's hospital where he will re main for several days. - An Xray exam ination will be necessary to ascertain If any bones are broken, but it is thought at this time that the ankle Is only badly squeezed. - In spite of " hlSTlnJury Mr. Trowbridge sent his story to The Jour nal this morning, and It will appear this evening. ' , .. . ,-: . - " . . : ' . ' ' GAMBLING TEST NEXT FRIDAY ' residing' Judge Cleland of the state circuit court, today set for 3 o'clock Friday afternoon the bearing of the at- plicatfon Of' the Municipal association for an alternative writ of mandamus to compel Mayor Williams, the executive board. Cllief 6f Police Hunt and Munic ipal Judge Hogue to enforce the city and state laws against gambling. The members of the association - were in structed to appear before the court at that hottr, and brders were Issued for the defendants also to be on band. TURKISH POLICE GIVE THEIR SIDE OF STORY ' (Journal 8mi-11 Bortlce.) : Constantinople,' Deev B.-r-Offlclal re ports of the Alexandretta Incident sent by the Turkish police Is that they Wanted only a photograph of the- Ameri can naturalized citizen -Attarlan. Tliey ay Consul Davis objected and attciVptwl to embark, witf. Atturtan.''. The police then Ht'resiti'tt 'Attarlan and were com pelled to use force us Mi"i Imvla and the COurUrs from, the consulate rcbioted. : at ra'ifti- til hhUW Attorney General Craw ford Replies to Chamber 0 of Commerce. A GRATIFYING REPORT Reviews Subject in Air Ifs Phases and : Quotes Opinions From Courts of : ' Other states On Simitar - x -- Matters.' ' (J)urnat Special SerTlce.) Salem, Dec. 8 -Attorney-General X. M. Crawford has - rendered aft opinion in response te a question propounded by. the Portland chamber of commerce re garding the state's right to grant a right of way to- the United States government for a canal at Celilo, The opinion la favorable and as follows: Chamber of Commerce, Portland" Or.- Gentlemen: Relative to the . question propounded by letter of your secretary of the 4th Inst, as to - "Whether the state can condemn lands for the benefit of the federal government," and stating that the question sought to be brought out Is, "Whether the state of Oregon ran IafaTIv srrnnt a rich! .if wflv tm 4-t federal government for the use of the Celilo canal," permit me to say that If the state was the owifer In fee of the tjtle to the lands through which the proposed canal is to be dug. I would not hesitate lp answer in .the, affirmative, but as I understand the-situation, the title Is alt . or nearly - all; in private indi viduals. ' '.1, -vv:-"'.-: Seetton 18 of the bill of tights, Ore gon conslutlon,. provides that "Private property shall not be taken for public use V, - without' Just compensa tion first assessed and -tendered." From the fact that Oie canal would cbnnocf the waters of the upper and lower Co lumbia river in such a way as to open up highway for the transportation of the "products of at least a portion. of Oregon,;Washlngton, Idaho and Montana we will .assume that : the. same la , -for a public use within the meaning of the constitution and under the foregoing provision thereof, there can be no doubt thaMheetate has power by spproprinte legislation to condemn the right of way; and build the canal. , . v ' Bight of Eminent Somaiau ; . It is situate wholly within the boundaries of the state, and the fact that It would be a benefit to the Inhabi tant of other states would not restrict our state In the exercise of the right of eminent domain, when the particular property le taken for a public use, bene fiting the, people of this state. ; The right of "eminent domain Is an attribute of sovereignty, and may be exerclued by the United States government, within '.he territory of any particular state,. In matterjip jrtaining to the welfare of the people of the United States, such as fpostoffices, post roads,' forts, etc. The building of this canal Is, in my opinion, an Interstate matter, and would bo or such general public use, although wholly, within the state of Oregon, as to war rant the United States In invoking the power of eminent domain to- secure the right of way. to constrijjt the same. ' If this is true,, either the state of Oregon. or the United States can alone condemn, the right Of way. and build the canal: and l can conceive of no good reuMon -why they may not nnlte and jointly per form what either may do alone. Question la Some States. ' ' It has been held In some of the states, notably Michigan,' In ' Trombly vs. Humphrey, 23 Mich. 471, that a state cannot exercise the power of' eminent domain for the United States In that case the court says:- , "In the exercise of Its sovereignty, and as a part of Its provision for the regulation,- control and protection of commerce, Jhe -United States . erect lighthouses,' and may, without question, selxe the property of individuals for. , . a mintnu nhaprvliif . t h Jt fnnMt 1 1 II- tlonal requirement of making due com pensation , therefor. To do this, would be but an ordinary exercise of the rllit of eminent 'domain. But when tho state undertakes to do the same, not for any purpose f Its own, but in order to turn the property over to the United Rtnt thA diftifMiittpB Btmjtar tn iib in surmountable. In the ilrst place, there can be no necessity for the exercise of lh!a fffht hv'thii tk fnr ttittf ttur- pose, for the authority of. the nation is ample for the supply of Us ou needs In this regard under all circum stances. In the second place, tiie emi nent domain in any sovereignty exluts . only for Its own purposes; and to fur nish machinery to the general govern ment, under and by means of which It is to appropriate lands for national ob jects,' is not among the ends contem plated In the creation of the state gov eminent" '- To the same, effect l Darlington vs. United BtateSi S2 Pa. SL SK7. However, the opposite view has been almost vui versally taken by the other statun. in Orr vs. Quiroby, 64 N. Hv 692, ibe codrt held that a state may condemn land for the United States, using the following language s' V v''- -':'. . "In th4 argument- of this ciwe, ti e power of a state to c.M.domii piioi t v within Km limits for the una of t(.-i United States was not dlwputwd. Only; n.l, rlTVI.r-t Of I tti'll III Wlitl'h llmt III.... tlotl has ever arisen havn fullnii uo.li r our observation. In Keddull v. Ii r i 14 Md. 444; Gilmer 'Mrnft I'Sm,. ! -i CaL 339,' and Hurt vt. M-n 1. , s . aurance Company. 10 M.i.-i. '' , of the legislature f .?.i.irU.;..l. i fomla nnd MaiH-liiist f m. t-r-i i ,; the apnroprlittl'iii of l.tmi-i f. i , ; i eHry u-'ef of ttifl a-'-r..-i ..I v : wens Mvctany miMtM i. i "