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 "