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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (June 12, 1905)
. -v . !.'; ,, OOP EVENING. Th Weather. Pgrtly cloudy . tonight and-Tuea. . day; wind mostly north westerly. . VOLTTV. NO.8l. IS If Objection Stands, Legal Limitation Bars Pros- w-ecution! . .. ...,- lUDGE-OEHAVEIUiEARS- OPENING ARGUMENT 'Takes Under Advisement Sena- tor:Polnt?rw.d Wiltr Rul -.an -It Shortly -Court-r Room i la Crowded. - ' If the contentions of Senator Mlteh ' eU'a counsel, presented this morning .''before Judge De Haven In the federal court, are austalned, the Indictment on which ha waa first to be tried will be quashed Fatal defects are alleged' to exist In the Indictment and strong argu- 1 ments were presented by Senator John " M. Thurston and Judge A. 8. Bennett - In support of their views. United States District Attorney Francle J. Honey re- , piieoWlhalatlng-that-tha Jmllctmtjt .1 'valid aad Buff talent. - ' - If th ' indictment falla, Senator :. Mitchell cannot bo again Indicted- for the same offense, as the statute ot iri ' tstlons wM tewfat souae tatui f aca trlaL however. On the other indict' wants.- - The objections raised by de- rends nraeoanaei "were takeitTmder-ad visement by Judge De Haven, who win render hla decision within a few days. ' The outcome la awaited by both prose cution and defense .with the deepest con cern, for this has been regarded aa tne strongest of all the charges agalnat - Senator Mitchell. The Mala Xadiotmant, The Indictment which Is bow under flra is based on that section of the led oral statutes which -makes it unlawful for a member of congress or government Official to receive or agree o receive any compensation for aervlcea rendered 1 . .. , . .- ""77 . r ." ' " 1 ' r : ' .. ' . . 1 1 . ; ; . ; j I , , ; . I before any of 4be-Uprtnientt t Wuh- Ington in relation to any ciaim. contract or controversy in wnicn tne uraiea . Btstes is a pdrty or ia either directly ' or Indirectly interested. The indictment charges that Senator Mitchell entered ' Into an agreement to proaeoute to patent certain timber claims held by Frederick -A. Krlbs and that for ao doing he re celved from Mrlbs Urge sums of money. The indictment waa drawn by Oliver EL rsgln of the department of Justice. -Who waa sent to Portland tor tne exprese Duroose of doing that work. Senator Mitchell's counsel, argue that the indictment ia defective in that It omits a number of allegations vital to the charge. They assert that It falla to identify the transactions as to which Senator Mitchell Is alleged to have re- --...ti p.-H. in .liltln f th statute; that It doea not allege that Mitchell was senator when these trans ' actions occurred; that there Is no certain description of the claims Involved, and that it Is ao loosely worded that It could - not be pleaded aa a birtr to a second In dictment for the same onense. Distinguished Men present. The courtroom wad thronged when Judge De Haven, who came from Sa.n Francisco to preside at the trial of the land fraud cases, ascended the bench this morning. Many of the leading at tomeys of the city were present and every seat waa occupied behind the rail. Senator Mitchell occupied a - aeat Just within the bar. Former Senator John M. Thurston and Judge A. 8. Bennett, Senator ; Mitchell's attomeya, aat be- alde. United States District Attorney Francis J. Heney, who arrived yesterday morning from San Francisco. W. J. Burns of the secret5 service, who came from Washington yesterday, - waa also present. . Jutfge Bennett opened the arguments. After briefly reviewing the contents of the indictment he presented the grounds on which the demurrer of the defendant la based. The first and most-Important he declared was the' failure to specify the partlcular-elaltna .pending before the iand office, in relation to which Senator Mitchell la Hgd to hava received pay Bienta from Krlbs. 1 The mere taking of a fee from Krlbi waa in itself no offense," said the at . torney. "It became a crime only In -case the money-wee -peld-for. services before the department in relation to a . matter In which the government waa Interested. Therefore It was necessary to specify exactly the - transaction In which the fees were paid. ' Thla must be pointed out ao apeclfloally that the defendant may know precisely what the charge Is that he must meet. If h should be again Indicted for the same offense he must be able to show by this indictment mat the charge had already been mads against him." ..... it . . peclfle Objeotiome. 'M ' The Indictment contains a Hat of the claims which Krlbs had before the - land departments but Judge Bennett In sisted that It-Waji trotmade . clear whether Senator Mitchell was charged with forwarding all or, only soma of them.. - ' ' ' . ' The 'second objection was that th Continued pn ag Twa. y v -. . . V- c .:. .-'.Tjr V ""TP j' OfflCERS HOW THIS WILL JAR I: POOR DAN CUPID School Board to Mak Teachers .Sign Contracts Agreeing Not to Marry., ' WOMEN WHO BREAK THEM FORFEIT JHEIR;JrlXia3 SomffrtyVt11erTm4 Cleverest Tutors Have' Just Become Engaged, Too. ; -Portland achoornia'ama. "who con template launching on the sea of matri mony will learn with pain that they muat abandon either their ambition to become wives or their situations in the public, schools. ' When 'they enter Into contract with the achool board to teaoh for next year they will sign away their rights to marry within that time. The school directors adopted a resolu tlon last Saturday which will be Incor po rated . in the contract, and which la to the effect that If the teacher marries within ons year from data thereof her position will be forfeited, and aha will consider herself - discharged 1 from the publio school service. The rule will be Iron-clad, and will affect four or five teachers. Tha achool board learned that these young women were going to sign contracts with the achool board, and would then announce their engagement; In l04 the board passed.a resolution to the effect that no teacher would be allowed to . marry and retain her post non, ' oui it. was -never inciuaea m tne nntrtrt Ons tssahss nae wasplt I defiance of the rule could not be dli roiaeea. . i , - .. A question - arone ae to-' the- lmmlltv of the rule forbidding the marrying of teachers, on . tha ground that it Inter fered with the rights of American citl sens, but tha attorneys en the board stated that In their, opinion the rulo would . hold as It onlyi restricted the time In which. the 'teachers should not marry.- .' r ' - BUYS: ENTIRE TOWN a- TO. OUST SALOON T : t. . i1- Jaorsal Special gerrtae.) r -fTarrytown. N. T.. June lJ.i-Jolm Mel lln, who owns a little hotel and aaloon adjoining the countryv estate of John D. - Rockefeller . at Tarrytown, has ad vertised his property for 'sale.- It la believed to be on account of Booke feller'a buying up the-entire - village where - the salon Is . located,- Mellin'a business la ruined. - Several years ' tt ' Rockefeller -n. deavared.to buy. the aaloon, aa he did not want liquors sold In the -vlqlnMy of hts rlace. - Mcllln would not part with the hoTetr Now Rockefeller Is golng'to wipe out the village or Brlggsvllle and transform It Into an artificial lake, and Mellin'a will be the only place loft unless he sells. . . - . ROBBED OF A FORTUNE WHILE'ABOARD STEAMER (JoBraal Special Service.) Ronton. June 11. Colonel , Hnrv W. Comstock, a wealthy broker of Denver, reported to the police' today jhat he had r a m mm m i .'II Hi iS- .Ur -"1 been' robbed of securities valued afTThe nature of the testimony , waa not 1120,000 while en route to the city last night from New York on the steamer Puritan of the Fall River line. Steam aad Mot Water Fitter . (Jonrsal RpM-lal rrl. y Atlantlo City. N. J., June 11 The na tional convention of Master Steam and HotWsterrFttterg-began" hre today with headquarters at tha Bt. ; Charles hotel. The chief, cities of the country were represented among tha .delegates present. The nenslons are to continue three any, ana win hi devoted to the consideration of numerous mailers of Importance to tbe craft. . . i ,.v;V-i . ,.. PORTLAND, "OREGON, - MONDAY EVENING, JUNE 12, OF CALIFORNIA ; PROMOTION: COMMITTEE If isli PP;C0raT8::H ;.?S ..i.-K k . FRED J-KOSTEK. Msrafira - BALTIMORE FORTS Imaginary Attack ; of Admiral Dickins Squadron Receives a Speculative ; Repulse- TEXAS.AND A CRUISER - . DONE FOR ON POINTS Four Torpe4o-Boats and . One 1 Cruiser Put Out of Commis sion, Theoretically. (Jeornal ' Special Serrtc.) i .- Baltimore,. Md., . June IX. Tha v men and officers of-the fortifications around Baltimore at midnight prepared for thai expected attack by the fleet under Rear Admiral- IMoktns. Tha. guns at ' Forts Howard, umauwooa, Armistea ana war- roll ' were manned and lookouts main tained for the -16 warships. At Fortress Monroe preparations were also made. At 1:S0. o'clock, this morning three torpedo-boats and destroyers of the at tacking squadron were sighted, by the lookouts of Fort Howard and theoret ically , blown out of 'the water by Its guns. 'The destroyers nna managed ia creep In clojie'to shore when they wera discovered ' by the searchlights Atlwrt were constantly played upon tha waters. Heavy guns were Immediately-1 brought to bear upon the approaching vessels and their theoretical destruction took place within a few mlnutea of their discovery. A rew mtnutea later tne searcnHgnia revealed a fourth destroyer, and It was also - -sunk, theoretically. - The battle ship Texas then mads a frontal demon stration opposite the fort, aided by -as swift rrutseri The fort' returned tha fire and theoretically both veasels were sent to the bottom. r- - v ' . SECRETARY OF TRUST r-:. EXAMINED BY-TAFT . J Journal Special Serflce.1 " "-i'; Washington, June If. Secretary Taft this morning examined Irn Atkinson, secretary of the Barber -Asphalt com pany. In tha Bowen-Ijoomls- inquiry. given out. Taft then- left for west- Point, where he will address the graduating class at tha military academy. Xaiatead-MarahaU Wedding. (Joernal Special Service.) Mlaaoula. Mont.. June lS. A number of guesta from' nhftrf towwaea her for the wedding of . Mlsa Emily Miriam Marshall, daughter of Thomas C Msrshall of this city, and-Captaln Frank HalKtead. a' son of- Mnrat Halatead, the famous Journalist. Tha ceremony is to be performed this evening In tha Church -' of tha Holy. Spirit, , . ,. . TO DISCUSS PEACE . : Time and Place for the Meeting : of Plenipotentiaries Is Now Under Consideration. NEWSPAPER.DEMANDS ALLIANCE WITH, JAPAN A- ..i -.! ( NdvowVremya'Says Peace Wit Hot . Be Concluded Unless ; Nations Work Together. , , . . (Jooroal Sperial StIo.) Waahlngton, June. 12. It ia .-ofnoIsJTf announced that Russia has foomally as sented tp a proposition to appoint pleni potentiaries and that -the time and place of meeting la now being considered. Count Casslnl called on "the presi dent this morning. ' He brought with him important , instructions government,-Including .Its from RTir - supposed formal answer to Roosevelt's note. - A - call . by tha Russian ambassador waa made ahortly after 11 o'clock, and contrary to tha usual custom ha pre sented-himself at the main part of the houee Instead Of the president's office In the west wing. This fact Indicated tha Importance of the Interview. . Al though Ambassador Meyer has already transmitted the substance of Russia's reply, official notification to the presi dent will not have been made until Count Casslnl haa brought it In person.- An nouncement of the names of tha pleni potentiaries s expected within a day or two. It la intimated at the Whit House t1-' " 1 T " ' " mnsnlsw tlmt li ruitlisi wenurr statement would be laaued regarding the peace negotiations until the Japanese reply-to- thA prewldent'sf- note -was" re ceived and the St. Petersburg, Russian, reply waa received in Toklo. It is ex pected that notice of the receipt of these answers by the governments will be aent by 'Ambassador Meyer and Minister Grlsoora today. AGAINST PEACE. roof Party In Si. paiersbarc Opposed to xradmf War at . Fresent. 1 (Joaroal Special, Service.) St. Petersburg, June II. The reply of tha Russian government to Roose velt a note proposing a peace confer ence haa been handed Ambassador Meyer, and is now on Its wsy to Wash ington. Following the receipt of tha reply Meyer had a conference with For eign Minister LamsdQrf. ....- It Is announced today that M. Wltte, president-of the committee of minlaters, will leave s Petersburg In two. weeks on ""publio business." and It la Mid -on good authority hla mission Is connected with tha peace negotiations. , Novoe remya, in an editorial this morning, deprecates t)rt optlmlam among diplomats regarding . th . movement to ward peace, unleas Japan, under th slogan of "Asia for Asiatics." recog nises that Russia In her original - his tory, and destiny Is aa Aslatio aa well as a "European power, and la ready to conclude not ar peaoa, but an' alliance. The editorial created something of -a sensation. . . . i. , . .. , .'j That a atrong party In St. Petersburg s working against peace la shown by the attitude of the reactionary press. Several nepapera today published articles attacking Roosevelt, declaring the president openly hostile to Russia. The report from Manchuria that the Japanese hava begun ait offensive move ment has also had a tendency to mak tha outlook for peace leea bright... Baas la Will Object, . (Joarssl Special Bervle.) ' ' flt.-Peterehunr.-Jnne' If. II Is "stated on good authority that Russia will not agree to abandon Vladivostok, tak ing the etand rfhat th port la In Ideal condition, to. resist a Japanese attack. It la believed if Japan forces the Uaua that Vladivostok must be given up aa a naval base or th war must continue. '..,.- ' r; -j 1905. FOURTEEN PAGES. VISITING i TTT'-y "r tvvu. PREFERRED DEATH fOIMI Doc Roberts, Noted Shoplifter, -Caught Stealing - Deck of : , r -Cards in Sarv Francisco. WHEN . DETECTED- DRANK ' ' . A PHIAL OF MORPHINE Struggles With Half a Dozen vent .the, Suicide. - T .. -,. - . - ' j" .inrnI Snerfsl Vrvtee.l . Ban Francisco, June 11.- "Doc" Rob erts, sr. noted shoplifter, drank tha con tenta of ' a phial pf morphine in the store of H. 8. -Crocker Co. thla morn ing despite tha efforts of half a dosen clerka to prevent him from ; commit ting aulclde --V Roberts -waa caught In the act - of stealing a pack of' playing cards. -As soon ss he- waa taxed with the theft he aald: ' - - i - "if you call a policeman, he will have a -dead Mian to take from here. The clerka seized him snd a policeman waa summoned. Roberts, although 68, was too -strong for -the clerks, and five tlmea placed the phial to hla llpa. but each time was prevented, from a wallow ing the poison. Finally, Just aa the policeman sae entering, Roberta, with one desperate atruggle. got tha phial to his' mouth and swallowed some of th poison 'snd fell to the floor. 1 .He waa soon unconscious and was re moved to a hospital, where he died. TRIAL OF BALLINGER ON AT SAN FRANCISCO V - r ' - " Socl! Plipstca to The Joarnst.) San Franclaco, Jun 12. Th trial of Captain uoorge Bellinger, on a charge of embesslment,--rwaa beeun odny. Brt I linger -Is-secused of having' misap propriated several thousand dollars be longing to . the Illinois Pacific Glass company, by which concern he was em ployed. ; The United States court todny-rtnsed for the summer until July i. Judge Da Haven Is lu Pootlnnd. trying the land fraud rases and Judge Mornow has gone on a vacation. . SHAW GIVES LONGER -.TIME TO DEPOSITORIES (Jeurasl gperlal Sorvlre.1 -Washington. ,June 12. s. Secretary Shaw make the announcement that the payment, of tl2.O0A.00a into the treasury by the government deposllorlen-duc.un-rier the recent rail In July will not b ra.ulrd until July It, ' WHO A RE VISITING TflE FAIR mm PRISOIINT -----'r"!"-rr...k .. . 7 rUba.tHW FAIR BIG ASSOUAN MI IN GREAT DANGER Structure Being Weakened " by x Force of Waters Passing ' Through Sluices. LAYING CEMENT FLOOR ALONCTHE"RSVER'BEO Wait aTWaier TearTnglmmense , Holes Underneath Toe of .' ImpoundinawWuH. lJoerpsLJpeclsliSTlc,jL, New Tork, June '12. The Impression prevails among New. Tork engineers that the gceat Assouan', dam of Tgypt is In danger of destruction. Instead of - raising th dam to Increase the Ir rigating capacity, aa waa contemplated, British engineers are now devoting their energies to filling the bed of tha river with a cement floor to prevent tha wajler from eating under and toppling over the great pile! of masonry which con fines the river. F. Cope Whltehouse, a distinguished American engineering authority. In speaking of the matter, says: "The dam Is being gradually weak ened by the fore of the wstar passing through the sluices, and acoordlng to a new -theory of the stress to which masonry dams are subjected. Is liable to tilt over. The bed of the Nile la being eroded by tha alutcea and great holes are being dug by th force of the water. K "If the" mischief be left unchecked -"i s re- nd lu Ilia Lilise o itself; snd- - may eventually I undermine th atructure. For thla rea son a masonry floor Is being laid. This is a most difficult operation owing to the power of the water. In on In stance, where a block was not pr(H eriy laid, the water found ita way In and 'moved a part of the masonry weighing- 77 tons." CONFEDERATE VETERANS 10 MEET IN LOUISVILLE i l r - (Joaraal Special Servtee.) - Louisville. Ky.. June 12. The United Confederate Veterans.''' will meet In annual reunion . In this city Wednesday A conservative estimate is that 160.000 visitors will be In Louisville during th latter, part of the week. The court of honor In Jefferson street, where the great reviewing stands hava been erected, la an Imposing structure. - . . .--The program of the reunion has been arranged ao as to provide many Interest ing features. The conventlon.wlll.be called to order Wednesday at noon, and after addressed of welcome- by th mayor of Louisville, representatlvea of the varl ous commercial bodies of the city and the local Confederate camps a response will be made by the commander-in-chief. Uenerai-Htepnen v. Lie or Mississippi. , PUTNAM BRADLEY STRONG IS AGAIN A BANKRUPT (Joaraal Speclsl Service.) New Tork. June 12. Putnam Bradley Strong, who gained notoriety because of his marriage to the actress. May Yqhe Avers, and who Is now appearing with her- on th vaudeville Stage, today filed a petition In bankruptcy, scheduling lia bilities at over 11,000 and aasets noth ing. . .-t;.. BARKENTINE SUDDEN IS BECOMING TOTAL WRECK . ' (Journal Special Brvtee.t .Santa Barbara. Cel.. Jun 12. The big barkentlue - Robert Sudden, which went ashore near Surf. Saturday' night. Is pounding to pieces And la, now prac tically a total wreck. It Is hoped to save the cargo of aoo.000 feet of lumber by, raiting It ashore. .4. -..r The Circulation-T: 'Of The Journal . , 7 VIA rYesterday Was Ltjj - wiiin HUM, IT - CUUk- Portland Extends Hearty Greeting to California Promotion Committees SPI FNnihRODY SINflS PRAISES OF OLD OREGON Members Say Great Exposition. ; Slope-Wide and CoastrLong ..j. in -Scope and Promise - -.-- V Aid in i Booming ; rlL 1 . The Oregon rape bowed cordially and deferentially to tha brilliant California poppy today and willingly abdicated Ita premiership tor acknowledge the torn rary rule of . the atste flower of the Uoldon Oat commonwealth. - The California promotion' eommlttea arrived thla morning with greetings to - Oregon and tha Pacific northwest, and to visit the" exposition. On "hundred and twenty-five representative men of ; th golden i state -compoeed tha. party. Portland a beet hospitality will be theirs until Thursday; evening at T o'clock; whan they will board their palaQal ape- - clal train to carry home news of th worlds fair and tell their friends t come her this summer. ' - ' -v :They arrlvtdat ( JOB'cJocJLtbJUi niQrn.--j. Ing.. . 1 ..i . .. . Klectrlc with enthusiasm. Imbued with that brosd-mlndedneas which haa sensed i- th CaUfornluns to accept th exposition . as quite aa much belonging to their state a to Oregon, they gathered In front of the Portland'hotel and thla waa ilislr cry! "Rah rah rah , - Rah rah rah ""'Call fornla . Ore go on - '. Here wa met Portland Portland ,WI1 la matt r C'lunv.bla ., . .. -- waul" And again: "If L. and C ' Discovered Oregon Who dug up Portland? Th Cali:ttn4a Commotion Committee C. C. C . . , - . - - -. Jen nlngs!" " . 'air Belongs to Jthe Coast. r7:l And th mighty whoop that rent tha air reaounded from rim rock to rissrock throughout tha valley of the Willam ette. We're not here to boom California." I sold Rufua P. Jennings, executive officer or th promotion committee, "but we cam to show th people of the world thai shi) Lit a Is aiul Clal. eAuusltluri la ours as well as yours, snd that anything that makca for the good of th Pacific coaat haa our good wilt This fair is broader than one state. It'a too big -to be monopolised by Oregon, The fslr ? belongs to every loyal lover of th land of the aettlng sun." This waa the spirit In which the Call- . fornlans came to Portland this morning. Since th opening of th fair nothing haa happened to arouse the city ta abounding hospitality aa haa the promo tion committee a aoveni ioaay ana ita tremendous anthualaam. ' Men holding! within- their power the fata of great commercial and industrial and financial enterprises, representing the brains of Callfornla'a potent wealth, dropped business for one week to show 'how the sons of th golden west could prove their publio spirit and unaeinsh desire to forward a sister state. --As Charles Bundschu, on of .the party, wrote: Tour people, now a part at this great nation, Tour state, th nucleus of three sea-. -coaat states, To' guard ' our- Golden and- all other gates. . . .. - 66d bless you, Oregon!" 7 V Arrangemsata Are Ferfeot. Perhaps such perfection of a r ranee- men ta never before were made for an excursion party. - The train waa the, finest that ever rolled over, the rails in tha -west nine ears of the latest type. five Pullman sleepers, two diners, sn elegant observation car and a compart ment car of the latest model. v Five mlnutea later" tha' airbrake " closed on the moving wheels at the union atatlon, half a dosen telephones were connected Inside th ears and th Callfornlans were calling long distance to talk with their horn offices. Nj sooner had th train coma to a stand atfll than a 'messenger stepped aboard with all mall addressed to tha members of tha party. Aa though they were vet eran campalgnera under discipline, they were marshsled In line and taken to th Portland hotel, with every conceivable detail arranged beforehand by fcdward , Antron. .secretary . of-the promotion- committee, who had been here a w ahead.. Their tickets Were msrvsls of Ingenuity snd thoughtfulness, wltn coupons for' everything that perte'i. ! to th trip, from the moment I y - tepped aboard until fhey lesva I cara Saturday morning; roupons i r (Continued oa Page- Tae.J 'RAH IFOR THE BEAR
