, mL ..X.J I'-.- V, t S OOP EVENING. m - i : THE QRCUUTIOM VJr rwm. wiitri OF THE JOURNAL ' " J I I Tonight and Saturday, fair; north westerly winds. , '. , VQLTIII. NO. 131. RESIGNS 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 Jirtlrlel "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 bench. Section i. article f of. the state con stitution, reads:, "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 Zi r -s n X stanlet 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- ROBBER SLAYS: : ;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 new brother-in-law. 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 CORNWELL NOMINATED 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, U ML PORTLAND. OREGON FRIDAY EVENING, , u 'oana; dim light of his lantern, hla features were recognised. "Why, brother, , what ra : you doing here." . 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 room. . . "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. OPPOSITION SHOUTS "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, , . fbvv-MWiNSgl STILL DEFY Portland Company to Run Steamship Direct x - to Japani . LONDON LINES ARB OUT Peninsular Oriental, Ocean and China , Mutual Companies Discontinue Service to Japan Fear ing Seizure. " 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 similar notlcea. 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 celed. - 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 patrona. 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 country. 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. ' . ', . RUSSIANS 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 HIS SOLDIERS 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. jOOVaTTXJHI COST. 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. Final Assault (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 . AWArrnra ATTACK. 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. FIREWORKS EXPLODE 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. " , AMERICAN YACHT 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 STRANGELY S1ISSII 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 stance, , 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 months. 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 Journal?". '. 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 notable. . -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 YESTERDAY WAS PRICE FIVE- CENTS. Tint It Has Been Stol Reference to Book T 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. - , BZSTBOTSB BT (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 ance. . of all the world. tt'J -r .. ...... .1