'l N; ::vc f73rv k- .: . The Weather Sunday, cloudy toJ part- ' !y cloudy: winds moetly-northerly. - VOL. I. NO. 43.'! , - - - . ix. ', Holding -That He 1 :Swx i , A rt7 IE v-.... aton Ff tatfifeti By DisMfTLitomeOTho Had f5f livery Ubstade in -:Way-- of Jurqrs-rScathing GiUcism of Neglectful Officers and V- t MHMHH i ; - : btTihotton of John MJiilnfc - fr iftdteUnenU fountf r .tho eounty "T'J'' X ntlclpttoa .of xeUy -; " 7.i...:.rrto4iitrfcttton. Johk Kmta': b not boo without cuipwwity m . moworout, m aanns ro- 0 doatfrt ovldOBcM eoriimondoWo worlr in. prmoouUoiui for ajnblln. ba not boon Udlotod. Tot. In vlow of tho ' 1 dedalon byyoijrmrtipon Uetmont fHn-k "tblo ind JUrr: un4or-ooUon IUK -wou,awt-aootoa4 k i oltbor tho sooj or tho copocttr of tho otatriot nttoriioy, for. -whon Bold Indletmont wo nnnoanood to hlnv.ho od- "tnfi that ho did not know onetlr whothor tho hoctlon to opplleablo, and doBaadod. In offooV that tbo frond , a. a wpjr-flooiara itootr ja --pioiiuiiui f nubile morala. Upon our 'otatomoat X " ' " TU loll you rtht ow. X Ooora. with a nroothottcat eaaa, JUttt aU ytfat 4 . TThotafoVa,", f In tho proooeutloa of Jtho IndlotmohU rotutnod by tnia arana jury mswn wyrw- a. . ttiuww wwr H. Bnnt. aloo- tho eaaoa- agalttot- William" C Klllott ot al. and WUllam C, Ulott, and all gambling caooo whoro ; iiir.tiBnu hin.tiMit found.br th . otoanaiC and tho auto of Oregon rl, , .T..At tho eoneluatoa ot; tho grand. Jury'a report thooo throa prowbo aro o.uotod,tha application of whlcll J - la obvloua: ' ' "v; --.v. ; V- - r,-HV; . .v"-'';. "'7,1:.- ' v. 7 :l ''J'" -Tho wicked worketh a deceitful work, but to him that aowoth rtghtoouraoaa ahall be a aura reward.- v.; I! :r-'.TTha hoary head la a crown of glory, if it bo found in the way" of rlghteouaneaa.'V ' --'.v':;:'"V. to '' i-'jX wlao man bateth not tho law, but ho that la.abypocrlte therein la a ohlp in a atorm.; ; .. Cvv J ! -,-iohn,,' banning, ' dletrlct attorney, oourgeo'by the grand Jury yeatorday ''aCternooa in'lta final report, arooo In Judge George' a court room immodlately after tho inqulaltorlal body had been aiacbargod and aaked that the indtotmont , retuwod agalnat Mayor George H. Wll f llama on Thuraoay be dlomteood.' Juogai:ioorga' granted tho motion, whereupon District Attorney Manning again addreaeed the court and moved "the dlamlaaal of the Indictment agalnat , Chief . of Police Cbarloa H. Hunt. ' Tho court alao granted thle motion, and -the clerk waa tnatructadT to enter - tho orders that practically would atrlke rrrom th rocorda tha namea of tho mayor and tho chief of police, inaamucn aa cases in which no arraignment haa been had aro , not - entered la the criminal docket. - i-.v ,- - - - : . , District Attorney MntUnr sctloa ' produced a profound sensation 'In tho court bouaa and 09 tho wtnga of rumor It soon spread all over the city, " Comment ranaed all tho way from - Condemnation of htaacttoa to expression ' of belief that It waa right However. 'It waa -apparent that hbt haaty move , waa a alap.at tho grand Jury, which a i. few . momenta before had . fUod with Judge George a report that paased severe 5 erasure upon the district attorney for , what they alleged to have been laxness, - if not more, oa hia part-T-, - -r t afaaalasTa ' Batraoralaary Kotfoaa. ' i Ur. ifsnnlnar. - so soon aa tho grand Jury hart UfB.-Utaurt-XOfinvjoana eald to Judge uoorge; - - GASH FOR (Wseklnstoa Boreas ef The JooraaL) . Washington, 'Jan. 7 Chairman Buf toa.of the livera and harbors oommle- felon had a conference with the presi dent today, at which tho advisability of tha river, and. harbor appropriation bill for thla aeaalon waa discussed. At this conf erenoo and at a general one which ' took place between the president and tha Republican leaders of tho eenate and houae, the general necessity for economy in. appropriations waa urged, and with . tba possible adoption of thla policy In . view, much uncertainty exists aa to - whether there will be any vlver and "harbor appropriations thla aeaalon other ..' than those which may bo provided by an emergency bill alnillar to the one adopted laat aeaalon. t Regardless of. thla uncertainty. Chair ; man Burton and hla committee aro pro ceeding with tha work of framing the " bill and aro gtvlng hearings dally to ' Interested members. Original set I mates from the war department for the. river and harbor Improvement appropriations arvregated Ito.000.0t0 to 40.000,000 for ae.tiU arrreprletio" but C-.'a haa boea PROBABLY :A:;;i30ExAS;::T6n'rou ?sf' .Youa picture, i'". on Aw , -J y ? v 1 r'i HniMI.Mi I i I M tatrict - ttorney. Circuit iu4( Ctaorga sruA -Jarr MU Kiiyor Ooow IL'WUJIwb ud Jci'l0. ,????r iwh m ct by Mr. Manaln tbo gramd Jurr - & A. W . I. A,.Vv. 'mm a hah -rr . - that wo wouio moao mm a nn toa followo- go ahoad ana nna tnia ukuciuwdv wuomi im f por" u tU bo damnod If . I ion't go right up and Mk hta to dlomlao It; now joa oaa toaHrour hoaorawo eoun appoint wm m winwww "sw x la grand Jury, and.tno caaeo oi.tno oiaio oi w.o mmim wm. - agalnatr 1. KauTo. and tho eaoea of tho -lf the court pleaaov I have hero an indictment agalnat our mayor, the Hon. George H. "VUllama, charging him with having Violated tho malfoaaaaoo statute, J thla. vthat ha neglected to Instruct tho" chief of polloe of this elty to close a certain -gambling houae on a certain date. In thla olty. This Indictment waa turned intp oourt last Thursday by the grand Jury, and I desire to aay that. I fully realise that no man la above tho law, gnd lfMajror Williams waa. upon evidence) sufficient tn-a court ot (aw to Justify a trial, presumably guilty of any Illegal act, I would bo tho first to proas auto him, if- it lay -wlthlnr the duty of my office to do ao. But, after havlng carefully Investigated tho evidence upon which thla Indictment waa predicated, I find nothing agalnat Mayor Williams that would warrant ma as district attor ney of thla county, unbiased and unpre judiced la every particular, to put tho county to the expense of trying thla case by a, jury, when I am satisfied that aay Jury would and -ought -to acquit -the mayor.:: And. furthermore, I believe that a majority of tho grand Jury who had Mayor Will lama Indicted did it without giving proper attention to the testimony- which waa submitted to them, and, under the circumstances, I am com pelled to recommend that the Indictment agalnat tha Hon. George H. Williams, mayor of our elty; be dismissed, and that ho bo fully exonerated of any of-, f enso charged in the Indictment." . The foregoing waa read from type written manuicrlpt which had " been carefully prepared, and waa ready' for PORTLAND, VERY out and, pared until It la uncertain what tha blU aa finally framed wlU carry. - Members of tho oommlttee, Including Chairman Burton, continue to assert that there wlU bo a bill of some sort, but state that It possibly may aot carry more than $11,000,009 actual appropria tion, and a limit of ll,00,00, for con tinuing appropriatlone. Chairman Bur ton haa taken aa attitude in tho method of framing the blU which will aerva to cut it to smaller proportions than pre ceding bills. . He haa served notice oa members t bet "the amount of appropria tion Tor impMvementa will be governed in a meesore by tha amount which baa been expended by the states where such Improvements s re located. . Under this plan Burton- called upon Representative Williamson for a state ment ahowtng tho expenditure made by the etate of Oregon foe river and harbor Improvements. . . ...... la response -.Williamson today sub mitted a statement abowlng that during the legislative session of 1I0I- aa ap propriation of 11(6.000 waa made for tho parpooo of building tho portage road ,i . v. - . f . .. m "... ,' ' J .. - . ' 1 PORTLAND, OREGON.". SUNDAY MMMtIMM M ilMMMMM rMtarday fUrao ' diMttio .tha Z la IU flnal report m4o thta r- J IIMlPBMfi tuUtllf ffl IflllirtailB dl tt : : J hhfw w otato of Orogon agatnat a. JO, Broy. - MMMtlM.M.MMMMMMMM. use' when tha motion waa made to dis miss. - ..v.,'. ' , ' "Let the order bo entered," said Judge George, and Deputy Clerk M. R. John son noted the entry on hie book, - "May it please tho court. then Bald Mr. Manning, pursuing his remarks, T desire to file the name motion in regard to tho Indictment agalnat Chief Hunt-t "Let the order be entered.", again re plied tha oourt, and adjourned tho ses sion. "Will yon. make a abatement concern ing your action." waa aaked of Mr. Man ning, after ho had gone. from the court room, "giving more in detail reasons why you movod to dismiss these indlot- mentor' . "No, X cannot say anything in" addi tion to the matter ' contained In the Statement read to the oourt. That state men ia complete, though brief, and I must refuse to amplify it in aay par ticular." v , "Will you aay whether or not there were any other motives that. Inspired 'your action than thooo expressed ia tha statement r'v ' ' ' i V. "No, I positively refuse further to discuss the matter." . "Cannot you more dearly enlighten the publlo upon 'thla subject, Mr. Man ntngt : The Judge haa refrained from saying anything, declaring that ho must perforce apeak only aa a Judge on ,. the beach." .- : "Well, he ohare . tho responsibility, doea he notf waa r. Mannlnsa an swer, and ha passed toward his office, - - (Continued on Page Three.) , . around tho Cellle falls. An appropria tes waa made tw-ltot of tioo.oos for tha purchase of tf right of way lor the government canal and locks for over coming obstructions - tn . tho , Columbia river. " - : la addttionih auto or Oregon ex pended Il.tt0.009 In dredging and con trolling the works between Portland and tha sea. On thla ahowtng Representa tive Williamson la convinced that Ore gon will faro favorably if tho proposed method ia adhered to ia framing the bill. , , , The estimates for tho principal Oregon iiuprovamenta submitted are tiOO.000 for the lower Columbia, Portland to tho aea; SI.) 10.000 for - Improvements at tho mouth of tho Columbia; tfOMO for The Dalles canal and locks. . No definite statement can be ventured by any member of tha delegation at this time what amounta era likely t be se cured for the state in the event of the bill being aealed at aa aggregate amount to less than IJMOO.000. Senator Tul- (Continued oa PageThrea) r - - ., 1 . - .,-'..,.. " MORNING, "JANUARY ? 1905. FOUR SECTIONS 38 F HE WOULD ONLY SIGN TtjE PLEDGE f. 'vTv'll'j'? llToT- ' --f'-j j -J ' '- y:'n 'XAA A Vw-d'-.i rv.,'A.;-v'x viX,lroLa.'n.'-- -l .9 SIXTY HURLEDf DOWTT BY Accident In Midst , of Carmn ""Tat Metropclitan: Oera 'J;; j I ; ."-.l' House. .- PANIC ON STAGE IS i J SHARED BY. AUDIENCE Quick'. Curtain " Prevents Stam pedeNearly . Twwvty-five y, : Injured . Performers. ? (Special Dtapetes by Leased Wire to Tbs Joofsat) New .York. Jan. T. Following la a list of those who worn maimed when the bridge fell during the "Carmen" per- f ormanco at tho Metropolitan . opera- house tonight: ' . . Madame. Akte,-ankle prulaed by falling timbers; continued throughout the per formance.- . Natalie Gorneglt, both legs broken and so badly mangled aa to make amputation necessary) taken to Bellevue. Giovanni Marino, three ribs broken. New , Tork - hospital Dialgero - Dlsettt, right log broken, Bellevue hospital; At telle Langagnl, five ribs' fractured. New Tork hospital; Ida Rbonstein, Buffering from shock Bellevue hospital; Wanda Adam ski, several ribs fractured:1 Belle- vue hospital; Vlneeto RegandonL right I - - A. aoeaia brtdger holding to men. wo men and children tn the first act of "Carmen" collapsed tonight while the audience at ' the Metropolitan - opera house waa beginning tp applaud .the songs of the opera stara who had Just sung the last note that atarted the gaily glad chorus guard over tho bridge. It broke' squarely in the middle, drop ping the to persons to tho stage. y . pieariy xs oi mi cnonii ptqw wn Injured. 10 of them eo badly that they were, taken to hospitals. There - was an instant panic on tne stage, and the curtain was rung on the unexpected scene. ' la lees than rrve mlnutea however, the .Injured persona had been-removed from - thaatage .tha debris from the, broken bridge had been cleared and tho curtain waa rang up. permitting the performance to proceed. DEPEW APPEARS IN Y MIND READER'S ROLE i 1 Igperlal Dtspstea ay Ussed Wire to Tbs Jwast) Washington. Jan. - T. Senator Depew appeared . today In the rola of a mind reader end In this role he got off hla first Joke after tha aaaurancea to him that be was United States senator from New York again. He called at tha White House today. Aaked for tho purpose of hia call bo said! - i.. ' "I knew the prealdent wanted to con gratulate me end J, came to give him tha opportunity." . - ". - '' , ''V ' :;L"s-..- - . , ,' , '- " : - - - - .--v - - ., T , (CopTrlfllla. JtOtL W W. Ke BwfU HENEY VICE 'HALL AS ; U.' S DISTRICT' ATTORNEY ' ''" " ' ' ' -A. A m. V m. 1m A A 0r Pranoia-J.-Heaeirwia - be- ap-"0 d pointed tomorrow to tho office of . 4 ' United States district attorney , e to fill tho vacancy caused by, o the removal- of Joha A. Hall by , o o President Roosevelt. Mr. Honey's e o appointment, which la to be made , e at tho lnattgatloni pf ' Attorney . o e General Moody, la only tern- . a -porary. An Oregon man eventu- o ally will be chosen to fUl the , o poeltlon. s -. - -; . Mr. Honey will continue in fun e chars. of the land fraud Invss- e d tlgatlnha aa heretofore; One or - a the reasona why ha waa selected, 4 to ouoceed atr. Hail is to msura , W d the validity of all prooeedlngs - o before tho federal grand Jury In o connection with the, land fraud eaaoa. ' FIGHTING FOR DEATH ? :0F TRADE. UNIONISM Textile Strikers Say That It Is , Supreme yEffort to Install '? "Open .Shop. .- (Special DUpateh by Lsassd Wire to the Joarsal) Boston! Maaa, Jan. t!-The great tex- .Ulo atrlke at rail jtiver laasa Inletar nsuuai in V" Ul w ...,-n,.n, made todav to the American T" th. hishest officials of the I T-iiimtea inu nvi. . . -- the--ovldenoe he haa aooured la to kofthrough the foot, and believed the struggle jp turn ns - chusetta apindlo olty ia something more than a deaperata fight over living wages j between to.OOO ootton operatlvea apd a half - hundred -or- mora - mill men.- Suob a struggle,' tremendoua aa it haa been and ia. la nothing in importance io what Secretary Hlbbert or tne xsxuio Workers haa been informed- ia back of the conflict. ' ' ' Even allowing that tho contention or the manufacturera at the beginning of tho atrlke that the reduction in wagee was due to the condition of tho market, waa -true, there la still no reason for the mllla- not being opened at tho old waa-ea for market conditions have ao changed: In the pat BISTmontha that-tt la suacoptlble of ngurlng that tne prloea of ootton and of cloth have al tered" sufficiently to pay five-eighths of all tho wages of tho striken ia Fall River. - The evidence in the hands ftf the officials of the United Textile Workers of America suggest a most plausible one. It la thSs: That the fight la one ta the death between the "open shop" and tha trades anions tn America.. . : : . 1 .- . ' to msoBOAjma xzutxa. (Ipeelal Dtepeteh ky leased Wire Is The Jearsal) Sacramento. Jan. t. The militia of California will. If a bill that Governor Pardee Is championing becomes a law. be radically reorganised. If. this law takes place it will bring tha tntlltta un der tho regulations of tha Pick blU.- ' - '-page TysrnrY -vo:;.. i PAGES. , AND KEEP IT - - Ue in Wait for Victim and Fire v f ; a Bulletfhrough ' ; " -.i . His Foot.-:-; THEN TOOK FUGHT . SECURING NO BOOTY Officers Believe Thatjlrje High " Waymen' Had Intended to . . Hold Up Another Man. Two. masked highwaymen dressed in semi-Indian costume waited at 10 o'clock laat night on tho Base Line road at the corner of Forty-eighth street for the coming; ao tho officers believe, of Tred Van Kirk, who lives at thataorner. Mr. Van Kirk, who la a member, of tha firm ot Van Kirk ft. Bridges, of tha Yakima market on. First street, has been in the habit of carrying a aum of money home on Saturday nights. .A few days ago the firm sold the business, and thla gave reason for tho supposition that ha might have more money in hla possession than usual. - At 1:1S o'clock. Adna A.' Fogg, who Uvea oa the road a short distance beyond Mr. Van'Klrk's residence, came along on S't tr-l" L,IV 'ZZZ"- hla way boma The road la unlighted and held up Mr. Fogg. They - shot him lng by the flash of tha revolver, so it is believed, that they had made a mistake In the selection of their vlotlm, they auickly disappeared without attempting robbery. Mr. Fogg, carrying a .t-callber' bullet in hla foot and bleeding profusely from tha wound, made, hla way to hla houae and - telephoned for a physician, who later removed tho bullet. , The, ball en tered at tha heel and waa taken out of tha front of tho foot. Van Kirk arrived half an hour afterward and notified Sheriff Word. . ... , Mr. Fogg oould give only a vague de scription of tha men.' There were two of them, one a tail man and tha other of medium height Both wore black cloth masks, overcoats aad .atifx-hata, The tall man a hat waa decorated with feath ers, and he had evidently made an at tempt to disguise himself aa an Indian. i, Suffering excruciating pain aa ha lay on a cot at his home, Mr. Fogg told the story as follows; "It waa quite dark, and I paased the two men at the eorner of Mr. Van KIrk'a lot before they paid any attention to aa Aa soon aa I got by they ordered mo to halt. .1 kept right oa walking, and tho nest moment I heard tho report of a re volver and felt the bullet In my foot. I waa looking arnnnd enooh to see thst the taller i i the snooting. Both of them I "Hired, s-otr to- H'lll t T ' e i ward t' to sea t walk 1 c eulty. I lng I I KI ASKED TUIiUS OftifSS , IfUNDlAH COSMJf. ., 2mm mmm . . .' '- j CIRCULATION CP TK3 f O r r C JOURNAL YESTERDAY. 10,3 w J PRICIT FiVS CENTS. Kay and Ccrtcr Iskc a- UastDespcratc Relly; U- : But In ycln. MILLS AND'KUYKENDALl CANNOT BE-DEFEATEP EasternlOregon t Legislators In Caucus Agree to Stand To- " ; V- gether Both oh OrgSnT. -',. zation and Laws; " The light -over the organisation Of tha' ' atate legialature -Bks" reached an acuta ';' tag. The - supporters ot Carter for . prealdent of tho senate ano of Kav fee speaker have refused to accept . the. d.. feat which seemed imminent and are en- gaged la a determined effort io.' rail their- f orcea- for a combined onslanght upon their opponenta. . .- - - - The struggle ts a fierce One sad victory la .claimed by both- sides. .. Careful ex- X ' ammdUon of the sltuaUon Indicates, however, that both. Kuykendall and Mllla v are safelyla tho lead and cannot now be ' - defeated, r ' - . : , : . i: ' - From the boat Information obtainable if seems that in the-tight for the preal-'..., dency of the senate Kuykendall -verill " haa the U votes which ho claimed yeeter- : day, while Carter's known etrength,l but 10. The speakership f-ht has been ' hoUy oontested, yet Mills' Is atlU In V tba lead. with more than enough voted to elect him. - - ';-v -TV-.-;-;.?' :v'; v Ttm t Oartar'a Oaaoaa. ' 'tT"." ' A caucus of the supporters- of Carter . for president of the senate was held yesterday aiteraoon aixilO-ssnators at tended It. - All of them declared them- , selvea supporters of Carter. Among -them wae Nottingham - of Multnomah,", who , had previously maintained the closest secrecy as to the course be-In- V tended to pursue, and Laycock of Crook. ; Grant, Klamath and Lake, who- refused to Join the Oai let - forces until aasared that his fallow senators from eastern Oregon would auppoil ineaeurss in whlrh . hla district la Interested. ' Another important event of tho day waa a oonfirrenoa ot tho eastern Oregon members of the lower house, held laat evenlnar. ak' which it waa agreed that they would vote aa a unit upon all leg islation affecting tneir'-inierew,-ana - upon tho organisation of tha houao. Manw- rumora were anoat yesterday aa to new combinations by which Kuyken dall and Mllla wore to be defeated, but . those who were loudeet'ln circulating them did not give facta to substantiate thslr assertions. It wa persiotantly aaaerted that Kuykendall was beaten , . aad at Carter's headquarters there waa an air of confidence which had previous was ly been lacking- Carterhlmaelf laanguine ot victory. ; . "1 am aura of being elected, prealdent . of the senate.' v ha aald laat evening. Kuykendall- ia beaten beyond a ques tion. ... We have formed - a -combination which makes this certain." --r -- I ,1 But th. confidence of the Kuykendall followers was unshaken. Dr. Kuyken- - dall himself lefty for Eugene on tha -evening train and before hla departure he reiterated ''hla declaration that he had the votes to. make him president of the senate. - , ... . I can't give you the names. " - ha- said, ,1ut I have it votes which can not, be -taken from me. Of thla I am. absolutely certain, and I am going noma because I know my fight la won." Tho hopes of the Carter foreee have been founded upon the expectation that ' Hobaon? Crolsaa" and "BrowneH duI9T desert Kuykendall and give their votea,. to Carter or to some other antl-KQyken- dall candidate While Brownell might do this. If satisfied that ha would there by turn the scale agalnat the Lane eooa- ty candidate, he will .not throw trhr vote to ths losina aide, and thus far tho In- ' dleatlona point strongly to KuykeodaJl a success. Hob eon and Crolsaa are ac counted by Carter'e friends as doubtful. DUt tners.ts strong-reason to oeiieve that, both .are secretly committed . to Kuykendall.., -.:. ; .-v-r --. 'The It votea which are credited to Kuykendall are aa folio we: Croiaan,' Kuykendall. , Booth. Hobson. Ckv, Loughary, Brownell. Hodson. Holman. VaiarMj. May."Bichrt. Ccw. rTtrttlo and Rand. . - '. -. . ' " . i Carter'e known ; etrength Is but 1. Nottingham, FArrar. Carter. Layoork, Wright, Howe, Haines, Wheal don. Bow- era an and McDonald. ... One of the rumors current laat eve nlng was that Carter adherents hoped tn defeat Kuykendall by refusing to go Ir caucus, but thla was contradict-! I Carter himself, lie also t there wso aay thor- .t with demncratle slble snetSr I r- oo'-'-l r--