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, mL ..X.J
S OOP EVENING.
m - i :
OF THE JOURNAL
J I I
Tonight and Saturday, fair; north
westerly winds. , '. ,
VQLTIII. NO. 131.
Gives Up Chief Justiceship
of New York. Court :
. of Appeals. ?
EFFECTIVE AT ONCE
Leaves Esopos for tbe First Time Since
His Nomination for -president ,
'. - by Democrats and Goes
- ' v Direct to Albany.
(Joornal Special Service.)
r Albany, N. Y.Aug. . Alton Brooks
Parker at t:88 o'clock thla afternoon
handed to Secretary of State O'Brien hie
, resignation from, the chief Judgeship of
Ihe court of appeals to take effect im
mediately. Hla action waa taken after
a consultation with hla colleagues of the
bench. He arrived from Esopus at 1
o'clock, and by previous arrangement
met the Judges of the appellate bench
in the stata house at once. The con
sultation " lasted - for an hour. . Judge
Parker explained his Intended resigns.,
tion and asked for their opinions as to
Its propriety. " '.-".-,
Several of Chief Judge Parker's as
sociates en the bench have raised the
question why he should resign at all.
The provision of the atate constitu
tion' explicable to this is section 10 of
"The Judges of the court of appeals
and the Justices of the supreme court
hall nnt tinl4 anv nlli.r nffl rm n Mil hi In
trust. All votes for any of thwm. for
any other than a judicial office, given
by the legislature or the people, shall be
- void.' . " ' i ' - : - ' . .
. Tbe & of the lw.
It Is elear under thin- that a Judge or
Justice must resign before he can be
elected governor, for' Instance, and this
was recognUed when Justice Augustus
Van Wyck resigned la.U9 to accept the
jkemocratlc nomination for governor.
Btrlctly speaking, however, It does not
.nnl.i tm. .. 1 . . a mmm.mAmml . mm
neither the legislature nor the people
vote for president. The people vote for
presidential electors, and the electors
vote for the president. So undoubtedly
the letter of the constitution does not
require a candidate for -president to re-
sign from the bench. ... 1
Judge Parker, however, Aid not stand
on the letter of the law. He Intends
to run for the presidency of the United
States, and expects to be elected.
Therefore, he - believes it proper for
him to resign. His action is a trifle
extraordinary In that . he la violating
political etiquette in .recognising the
, fact that he has been nominated before
he baa been formally notified. A candi
date Is not - supposed to know that he
-na- oeen cnoeea id run uniii ine con
vention committee has notified him of
the fact. By waiting until August 10,
the day set for his notification. Judge
Parker could have put himself into line
for - re-election td his position on the
Section i. article f of. the state con
"When a vacancy shall occur other
wise than br expiration of term. In the
office of chief or associate Judge of the
. court of appeals. . the same shall be
filled for a full term at the next gen
eral election happening not' less than
three months after such vacancy oc
curs; 'and until the vacancy shall be so
filled the governor, by and with the ad
vice and consent of the senate. If the
1 aenate ahall be in aeaalon, or if not In
session, the governor may fill such va
cancy by appointment" '
Election day la the first Tuesday after
the first Monday of November, which
' thla year la November 9. Three months
before November is August i.
If Judge Parker had waited . until
August before presenting his resig
nation, no election could have been held
to fill hla place until 10S. There Is no
requirement that the governor fill the
, vacancy by appointment The word of
the constitution Is "may."
: However, Judge Parker did not take
advantage of any of the technicalities
but resigned, 'and If he la not elected
president will hav no chance to seek
a place on the bench next yearv His
suocessor to be Voted for next Novem
ber will serve a term of 14 years. Judge
Parker's present term would have ex
pired January 1. Kit.
i - '
' oxm CTrxuoirs. '
(Journal Special Service.)
Eeopua, N. T., Aug. I. For the first
'(Continued on Page Two.)
ROBBERS HOLD UP
THE WRONG - TRAIN
(Journal ftpeelal Service.)
Sterllna. Tit Auk tha Oilcaeo
It Northwestern westbound through
freight train "was' entering a Put eight
miles east of thls city. Just before dawn
this morning, a red light flashing somas
the track ahead gave the aignal to stop.
All unsuspicious, the engineer slack
ened -speed and brought his trstn to a
halt within a few feet of the lantern.
Then he became aware that. the three
men waiting beside the lantern' wore
handkerchiefs tied over their fsces and
carried heavy revolvers. He attempted
to start ths locomotive again, but on a of
the highwaymen leaped upon the cab
step and thrust a pistol sgalnat hla back
commanding. him to stop. ' Another cov
ered tha fireman, while tha third dis
if-: , i Ik
Who wss found tn 'Central Park. New York,' with a bullet through his
breast. ."Babe". Woroach-Dlxnan-Dana. formerly of Seattle,- who
eloped to- Portland several year agi is the proverbial woman In the-
: ;SISTER, A BRIDE
Harry Fisher Shoots Dead His Brother-in-Law
Joseph Scharon and His 'Wife-Attempts
Suicide, Fails, and Confesses
- (Journal Spedat Service.)
Philadelphia, Pa Aur. A double
murder, with all the accessories of a
melodrama, waa committed hers this
morning. A burglar, detected In the
home of his brother-in-law, shot and
killsd his sister and her husband. Hs
ahot himself, " making a superficial
wound, fled the house, but when the In
quiry into the murder waa under way
returned and oonfessed the crime.
Mr. and Mrs. Joseph Scharon had been
married only two weeks.. Mrs, Scharon
was Mlaa , Leila Fisher. .Mr. -Scharon
waa a well-to-do merchant. Harry
Flaber, the bride's brother, wss one of
the gayest of the wedding guests and
aeemed on most cordial terms with his
About o clock this morning Scharon
waa awakened by a noise in his bed
room. Opening his eyes he saw a man
bending' over an opened dresser drawer.
He called out to the Intruder, hoping to
frighten Mm. The cry awoke Mrs.
Scharon. ' The robber turned and. In the
IN WEST VIRGINIA
(Jearaal Special lerrlea.)
Parkersburg, W. Va.. Aug. I. George
H. Corn well, of Roraney was nominated
for governor the third ballot by the
Weat Virginia, Demoo ratio convention
yesterday. - ,' .
The platform as it now stands naa no
plank opposing the negro In - politics.
The absence of this plank la accredited
to Henry O. Davis.
The resolutions adopted, among others,
indorse tha national ticket, favor a poll
tax and denounce Republican misrule In
West Virginia. .
800 rnvmnma nino,
(Jneraal Special Bet flee.)
Berlin, August I. Mora than 100
buildings In tha town of Ireeleld were
burned today. .
appeared down tha track running toward
the rear of ths train..'
In a few minutes the odd bandit came
alowly. back sputtering profanity at
every atep. He waa so angry ha could
not speak for a few momenta, exoept to
swear, saya ths engineer,
"Come on, boys," he finally 'Called.
"It's all off, tha btankety blank train's
a freight":' :
Then he turned to. tha engineer!- "Say,"
he called out. "Why don't you run your
damned tratna on scheduler' . .
Standing bealda the track, tha robbers
gave the engineer, ordera to gd ahead
and when he looked back at tha next
curve the men had dlsappesred. They
had evidently mistaken tbe freight train
for tha Omaha, passenger train,
PORTLAND. OREGON FRIDAY EVENING,
, u 'oana;
dim light of his lantern, hla features
"Why, brother, , what ra : you doing
For answer the burglar, surprised In
his crime, leveled his revolver and ahot
his sister twice. Scharon sprang up
and attacked the bandit. Two more bul
lets sent him dying to the floor. The
robber turned his weapon on himself
and fired his last cartridge. Inflicting
only a alight flesh wound.
Ths neighbors had been aroused by
tha ahota and had summoned the cor
oner and tbe police and a hasty Inquiry
waa In progress In the parlor of the
Scharon residence, when Harry Fisher,
pale and disheveled, with blood stain
ing his shirt front, walked Into the
. "Ton needn't look any farther," he
aald to the astontahed group. "I am
the man you want."
He could be induced to aaylnotrirnff
more. ' The police at onca took him Into
custody and he was sent to a hospital
under guard. Hla hearing will take
place as seon as ha reoovera sufficiently.
PORTLAND FLOUR CO 'S
SPOKANE MILL BURNS
(Special Dlapatek te The Jearaal)
. Spokane, Wash., Aug. I. The -C A C
Flour mills ware totally destroyed by
fire last night. Tha building and ma
chinery are owned by tha Washington
Water Power company. Loss f 60,000,
Insurance $31,400. The losa on stock
Is $ to. 000. The mill was operated .by
tha Portland Flouring Wills com pah y,
which holds a leaae on the Echo mills
and will operate them.- Tbe company
will not rebuild. The mill waa an old
one and the land on which It atood la
more valuable for other purposes. The
Portland Flouring mills' losa on stock
Is covered by Insurance.
"GAG" AT BALFOUR
: (Journal Special Service.) v. '
London, Aug. I. A scene was created
In the house of commons today when
Premier Balfour moved a cloture
amendment to the education bill.
The opposition . ahoated - "gag" and
refused to participate In the decision
and the premier1 aa .a consequence
sgreed to postpone the consideration of
tha bill. - - .
iattxs wajtts obajts -roar.
(Special Piapateh to The Jonrnal.)
Seattle, Wash., Aug. S.Recent dis
closures of a, atartling nature In county
and municipal affairs have resulted In a
demand- for the ealllngof another grand
Jury to InVestlgato alleged corruption
In official circles.
Tha contract entered Into by the coun
ty commrsslonera giving to H. M. Baton,
a local attorney, half of all the prop
erty escheating- In estates to the 'atate,
la the exposure that haa brought on the
demand for a grand Jury, , .
Portland Company to Run
x - to Japani .
LONDON LINES ARB OUT
Peninsular Oriental, Ocean and China
, Mutual Companies Discontinue
Service to Japan Fear
" iJmrnal Special Serrioa.-f-London,
Aug. i. Tha Peninsular
Oriental Steamship company today an
nounces the discontinuance of its serv
ice to Japan owing tor Thelmposslblllty
of determining what may be termed con
traband of war. The Ocean and the
China Mutual companlea today Uaued
The Portland Sc Astatic company haa
decided to charter another steamer In
which to carry flour from thla port di
rect 'to Japan. Arrangements are be
ing triads to dlspstch tha csrgo during
the present month. The vessel which
will be engaged ia supposed to be the
Norwegian steamship Hero, now lying
at San Francisco.
While ths local officials of tha com
pany profess to Know notning aooui
the matter a number of -shippers atate
thatthe management of the line haa
notified them that rt will be lh a posi
tion to take care of any Japanese ship
ments which they are desirous of mak
ing. It was further explained that an
outside steamer wilt be chartered.
Am hv have enoueh orders on hand
osmske almost a full cargo the ex
porters state tost there la no doubt
that the proposition wui no carried
through to a successful conclusion. Sev
eral firms had space engaged on the
Ntoomedla, the next ateamer of tha line
to arrive at Portland, but since the war
scare cama on ManagerBcnwen is
sued orders that no more freight would
be carried to Japan on the regular line
of steamers. All contracts for apace
on tha Nlcomedla were accordingly can
Tha decision gave general dissatisfac
tion among ths exporters, and It la pre
sumed that it was at their instance
that the conclusion wss resched to char
ter another vessel to handle the freight
offered. Had not thla step been taken
It la said that tha Portland Asiatic
Steatnshlp company would have lost for
all tlma , some of ' Us most valuable
Word from aTicomeaxa. i
It Is expected that It would now be
Impossible to send flour to Japan on the
Nlcomedla, even If the company abould
be favorably dlspoaed to the plan, for
tha reason that all of, her apace haa
been engaged for freight which is going
to Hongkong. s
Word has st last been receivea xrom
the Nlcomedla. A tablegram states
that aha sailed from Kobe on August 1.
If she comes direct to Portland without
stopping at Yokohama, which the local
representatives of tha company are
rather inclined to believe wiu oa xne
caae, the stesmer win reacn ne w
, w,. -I . .1 .11. thm niMril
of tha month, providing that aha ta nofT,
unavoidably delayed. Heretofore tha
announcement of one of the steamer's
sailing haa always been cabled from
Yokohama, and alnca the intelligence
waa aent from Kobe In thla case It is
taken for granted that she Is eomln
dlreot to Portland without stopping at
tha other Japanese port. In some quar
ters It la thought that thla plan la be
ing followed In order to escape the
vigilance of any Russian war veaael
which might be lying In wait for her.
Aaks Government to Aid.
Relative to that part of tha Arabia's
cargo which la being held at Vladivo
stok on ths ground of Its being contra
band of war, T. M. Stevena of T,. M.
Stevens Co., owner or a portion oi
tha freight, saya that na lntenas to
tsks the matter -up direct with the
United States government. -
"t will not have a representative ap
pear before the prise court st Vladivo
stok In order to present my slds of ths
esse, aa the Russian government has
suggested," said Mr. Stevens this morn
ing, "but I will expect the American
government to take euch action aa will
protect the shipping Interests of the
country. I have already referred the
matter to the proper autnoritiea at
Waahina-ton. That part of the flour
cargo which waa. consigned to private
trail In Janan Is not contraband of war,
and tha government is supposed to pro
tect us In our rights.". . ,
DORIS BRINGS BIG
SHIPMENT Or GOLD
(Journal Special Service.) r
Wuhlntinti. r. C. Am. t: The
treasury department nna been notified
that the ateamer Doris, from Yokohama,
is bringing another large consignment
of Jspaneae gold yen, supposed to be
equal to II. 000. 000 in American money.
In payment or good a purcnaaea in tnis
The Dona is cue- at Ban rrancisco.
August 7. , ,'"
MQ OUT OTT ST TA2V.
(Special Dispatch te The Joamal.)
Lane, Idaho, Aug. I. Alice Lantsy,
aged T years, crawled under a mov
ing train yesterday and both her- legs
were out -off, one at the knee and the
other near tha body. She cannot re
cover. ' .
AUGUST 5. 1904.
m '&vi y!f
41 - - :
KINO CHRISTIAN OF DENMARK.
Ha la reported to be seriously ill at
Schweiin. The king la It yeara old.
CZAR FEARS FOR
Gravely Alarmed Over SIInlthn-rof
Kuropatkln's Forces. Hemmed In
. ' Jy Three Japanese ArmlestJ
(Jonrnal Special Santos.)
St Petersburg,' Aug. , I. General
Kuropatkln'a ; precarious : position.
hsmmod in by thrae Japanese armies
aorth of Hal Cheng, 'is causing tha
greatest anxiety In official circles.
Lights burned all night In Peterhof
palace, . where the csar la staying at
present.-' Several ministers of - atate
were up, all night and there waa tn-
quent Interchange of messagea between
the places and news Of an engagement
the most terrific and decisive tt the
war waa hourly expected. r '"
Tha publlo remains at s high pitch of
excitement and the bulletin boards are
surrounded by large crowd. - - r
Two days' silence . on tha part of
Kuropatkln Is worrying ths publlo and
tha general belief is that tha command
ing general la still retreating to tha
north with hla handa too full to send
dlspatchea ,or that a battle la on, mak
ing It impossible to send any account
of the fighting.
Boas-la- and Japa Suffer Heavily ia
Seoaat. Battle. ; 7
(Jonrnal Special' Service.)
London, Aug. 6. Baron Hayaaht, tha
Japanese minister, today Issued an of
ficial account of tha dead and wounded
In tha laat three battlea fought during
tha enveloping movement around Hal
Cheng and Liao Yang. In the battlea
of Yuahullntsa and Yantseulng, the
Jspanese lost tit killed and wounded,
while tha Russians' casualties be eatl
matea were 2,000. At Slmuchang the
Japaneaa lossea ha places at 14 killed
and (66 wounded. Seven hundred dead
left on the field by the Russians after
thla fight were burled by the Japanese.
crrxuAjrs xjbatb pobt abtkvb.
(Jcamat Special Service.)
London, Aug. . A Chefoo dispatch
atatea - that the accommodatlona - for
travelers at that place la being taxed
to Jta utmost. The elaborate prepara
tions that are being made at Port Ar
thur by the Russians to withstand the
final aaaault of tha Japanese has
oansed the departure of many civilians
and mora than a acors arrived today
on Junks, having left Port Arthur
August JL .
Bnaslaaa at Fori Arthur Sally aspect
Further A ass alt,
(Journal Special Sarvlce.) '
Chefoo, Aug. i. The permanent forts
at Port Arthur ar now occupied by the
main body of tha Russian army, and
the. officiate In command are quietly
awaiting tha expected final attempt of
the mlkado'a forcea ta storm the walla
of tha fortress.
The Russlana have placed more than
1.000 long range guna in poattion to
sweep the plain for many mtlea, and
predict that although the. Japaneaa are
reckless In their disregard for life,
the havoo wrought by thla formid
able armament will have the effect of
causing them to retreat.
TWO DEAD 7 DYING
(Special Dlapateh tn The Jonraat)
Havana, Aug. I. An exploding rocket
blew up a fireworks factory her today.
Two employee war killed and Ave In
jured fatally. " ,
BEATS THE KAISER'S
(Journal Spedat Servlea.J,
Cowes, Aug. S.-.The f American yacht
Ingomar agaln'.'defeated the kaiser's
yacht Meteor today In a fin breese.
King Rdward and hla royal nephew at
tended the regatta and took a keen In
terest In tha sport.
COUNTY JOURNAL IS
Extremely Valuable Record : of Com
missioners1 Doings' From 1 855 to
: -1871 Gaiinot-Be-Found -
County Officials Declare
brlnterested PersonsImportant-Cases Cair
Only Be Decided by
The Journal of the county commis
sioners. In which la contained a com
plete record of Multnomah county from
ll&V tha dat of its organisation, until
It 71, cannot be , found, although tha
officials have ransacked the. courthouse.
The Journal, which la marked Na 1, haa
undoubtedly been stolen. Its losa ta
not only a aerloua matter on account of
ita being tha only record In existence of
the county from the earliest period
down to 1171, but Its disappearance has
already -caused trouble In a speclflo in
How long ago tba book was stolen
there la no means of telling. It Is a
medlum'-slxedvolUmeand was, kept In
a ateel compartment shelf In the vault
of County Clerk Fields. Attorney W. D.
Freemantnade a request for the book
about two weeka. ago, when It was
found to be missing; Sine that time
the entire courthouse baa been ran
sacked by clerks and deputlea to flnd.lt.
but In 'vain. Owing to the serious na-
tur ofther1osr everjr-rrort--his1eefl
made to keep It secret until aome clue
could be discovered leading to Its re
covery. Detectivea are now at Work In
an effort to locate the valuable volume.
:. Con Allow T4m,r .
Two ordera of .court have already been
entered by Judge George extending the
time in which tiua deienaanta to a ault
brought by tha county might plead, on
account of the disappearance of the
journal. In fact, recovering tha book la
deemed SO necessary that the laat order
waa made by the court with the under
standing that if tha book Is not found
by ths time the limitation la reached a
further extension will be granted. 1
Suit . waa brought by Multnomah
county against (J. W. Landon and J. C
Stanley, Jilly 15, to acquire possession
of 80 acres -of - valuable- land located
on the Baea Lin road, between the 11
and 12-Thlle posts. The county claimed
the land by virtue of deed from John
Barnes, executed In 185. Barnes wss
sent to the county poor farm and pro
vided forby the county, deeding the
land In payment. At the same time he
executed a deed to adjacent landa to
John Roberta. That Is, tha landa were
supposed to 11a adjacent at that time,
but It haa alnc been fonnd that the
descriptions are conflicting, and Stanley
and Landon, who claim the property by
virtu or deed from Roberta, assert
that on account of the reading of the
two deeda and the conflicting descrip
tions, their title can be more eaally ea
tabliahed than , that of the county. From
the standpoint of the- county. Landon
and Stanley are looked on aa squatters.
Theft la Discovered.
Shortly after ault was filed. Attorney
W. D. Freeman, who. with Attorney
Claud Strahan, la looking after Landon
and Stanley'a interests, went to County
Clerk Fields and asked forth-etmty
commissioners' jonrnal Na 1. Ha as
serted that ha believed information vital
to tha caua of hla clients might- be se
cured from the volume. Wyiat waa the
aatonlahment of Mr. Fields to discover
that the book waa missing from Its ao
eustomed place on the shelf. , How lone
It had been gone nobody knows, for no
other person had called for it In
Every deputy tn tha office ha at one
time or another engaged In the aearch
for the volume; but it cannot be found.
The aituatlon waa explained to Presid
ing Judge George, who entered an order
allowing, the defendanta 10 daya'-additional
time In which to move or plead.
Thla time expired Wednesday, and tha
book having not been located . tn the
IF ITS WORTH WHILE ITS
IN THE SUNDAY JOURNAL
That means the gooclfliver fresh newt of Portland, of f
Oregon, of the. United States,
That means also the lateslviews of the greatest writers
What other newspaper within reach of. Oregon's Sun
day readers can show so brilliant a staff of writers as The
In next Sunday's Journal there will be articles by
Maurice Maeterlinck whose ' plays have set the world to
thinking; by Ella Wheeler Wilcox who is no less known the
country over for her prose than for her poetry; by Lady
Henry Somerset, whose- work among the British poor and
whose efforts for the uplifting of all mankind have made
her name a household word in two continents ; by Baron
von der Brueggen, military expert, and by many others as
-Special features for the children by the country's fore
most cartoonists, Opper, Swinnerton, &Bunny" and others,
printed in colors, taken in connection with" the news, the
fashion page, the club page and the magazine articles form an
attractive combination that will make every member of your
family from the oldest to the youngest take an interest in
I THE SUNDAY JOURNAL
PRICE FIVE- CENTS.
Tint It Has Been Stol
Reference to Book
meantime. Judge George allowed a fur
ther extension of time to August 18,.
with the understanding that If the boolcj
ahall not have been discovered by then
mora time will be given In which to
move or plead. ' .
TJiere has been a large amount of
litigation over tax titles In thla county
and experta were put at work on tha
books last fall. Their report, handed1
in laat spring, showed a great deal of
laxity and mismanagement on the part
of a former board of county commis
sioners and remarkable irregularities on
the part of certain deputlea In the coun-
ty-derka nmca under-a, for mar reel
It la believed that the disappearance of
tha commissioners' journal la due to
the -apprehension of aome interested -person
that factBwhlch may come out
In connection wlthth defense put up
by Landon and Stanley may Invalidate
the title held by a number of persona
laother . property-
Attorney Freeman is of the opinion '
that the book may have been atolen by
some person who, relying oa the deeda
given the county snd Roberts by John
Barnes being Insufficient, thinks he can
And th Jielre pt Barnes and thereby
advantage himself financially.
- Deputies Hot to Blame.
"Just when the book disappeared can
not be- told." aaid County Clerk Fields.
"Nobody tiad asked . for It In month .
until Attorney Freeman wanted It. There
I an abundant opportunity for peopl
to steal booka from the office, and it
would be hard to prevent it If we had'
a force of 80 clerks Instead of our pres
ent staff. None of my deputies can b
blamed In the slightest for the dis
appearance of the Journal. For a while
I thought . that the book might . have
been purpoaely shoved across the shelf
?m ,rni1tt4 in limp nwn heh'pUtl
steel ahelvlng, but experimenting haa
shown this to be impossible. It la
possible that the book waa not taken
out of the building, but hidden some
where among the other records. Up to,
date we have searched In almost every
plaoe where tt Hc6ncelvabla f or- It to
have been hidden." , '
It la aaid that not long ago a person
Interested In tax cases Intimated that
tha book had been placed where it
would not eaally be found. Attorney
Freeman admit halng heard thla re
port, but denies knowledge of the Iden
tity of the person supposed to hav
mad the statement
KILLED BY NEGRO
HE HAD DISCHARGED
-(Joamal Speetal Service.)
Hartford. Conn., Aug. 6. Henry Os
borne, secretary of the Dunham Hosiery
company and former police commission
er, waa murdered In hla home thla moc1
Ing by a negro formerly in his employ.
Revenge and robbery, the police say, pro
vided me motive ror tn crime. Th
negro recently had been discharged by
Osborne. - ,
(Speetal Dlapateh tn The JonrnaL)
Harrington. Waah.. Aug. t. A bona
waa burned her yesterday together with
th belonging of eight women.' Th
loss 1 about $2,000 with small Insur
of all the world.
-r .. ......