The Oregon daily journal., July 25, 1905, Image 1

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- T ' .T SWi W S j 1
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VOL.. IV. .110. W.'
I FORTLAtld;; OREGON, ! TUESDAY' EVs::IK6; JliLY " ll?C3FOirRTE2N PAGBW',5'f 2t PWCBlTWO' CE1TIU rAtTT
-1.
SIX !0B!!f
Thuriitorf. Objects to: Pronounc-
Ing; Judgmnt DcaUto It Re--
. strains Senator t)f Liberty ;
Tv ' Unconstitutionally. j
COURT OVERRULES HIMV"
: AND PASSES SENTENCE
Af ed Defendant Though Plainlj
C Shaken, Controls HimulT bjr Su
preme Effort Stay Granted Until
- Appeal la Ready Which Itself Will
Suspend Judgment. , ' 1 - ' - -
fh Judsmnt. of th court 1 that
'che defendant b-4mpriond for 4h
' tnn of six month in ih county Jail
of Multnomah county of tola state, and
b flnod in tha anm of ll.ooe." -.. ,
this momlnr
I f aeod tha judamant of hla caUon'a, judl
. alarr and hoard' thase .words addrasaad.
Vto blmaalf. His faca bore an ospraa
. alon of unuttarabla amotion as tha firm.
, I clear. Tolee of the presiding Judas -pro- .
nouncad-the fmtaful words. Convulalva
twltchlns batoknenhrilmlt of Human
j anauranoa. i nsrfl wu a innop. nor no
-aaauv io!---! pi and wlda-
,;pan eras, whk-b, ai- T.tXStS'mrrrwr
. appeal, hut at the a. r-nr- i be
wildered. John- H. ktitchall - pefora
tha juoe, wwaaaCxad 4)m aa- dla-
' (race upon his long caraar. Baalfff him I
was his sen. John H. MitchaU. it.; hla
Stto'rneyV raftator-J,mrron."Sr' be
hind Tiioa , were if Hands. - Buthe -sew
Tnly the 'stern face of 'tha. presiding
. Judta. This offlclal. wha had it within
MS power to inflict ten years' Imprison-
' raant and a one 'or 150,000 or one day
'behind bars and $1 Una, adding to the
. judgment' softanlng " nnctloa.n spoke -as
mougn no wars me Duna apirit, or jua
ttee. which had gleaned from all thareir
, curastancea.of the case but one ameilo
, rHtlng .condiyon-r-age." His Judgment
was as If the humblest cltlaen had been
T arralgnad. Uamovad by tha tanas situ
atlon of fhe courtroom, whero a Jam of
humanity held breath In awe,' Judge Da
Jtaran parzormed bis last 'duty In the
" most Sasnsatlonat ' case rthat has ever
stirred the Pacific - northwest
- .r-' Ollaaax ef the Oaee. ..
. . '-"Voting aa 4ndlotnent against Benator
Mitchell thrilled the oommunlty. When
trfat Jury of twetvwmen unanimously
confirmed the charge, after elaborate
derenaa, the climax seemed to have been
T reached.' But the veal elrmax earns this
morning. It was a sosne that -will live
In the memory of alt who saw It, and
was ushered In by the quiet inquiry of
.ine oourt: "'... - .---v -r
"In the ease of hs United SUtos vs.
- John H. Mitchell, have - you any par
. tlcular cauee to show why 1 Judgment
should hot bs pronounced at this timer
Benator Mitchell arose - with '- some
difficulty. " His vplca betrayed that he
was controlling his feelings by an effort.
, He has faced many audlencee in this
-state, many tit the nation, whloh em
. braced thaMgh and low of society, but
( never did he face one Individual a?r
tnousanas wno naa more to beatow upon
.. or take from his career than the white
haired man who had summoned him to
, his . fset . 14 tones that, had loat all
touch of , defiance, - the aged defendant
, replied: , s.
mtehell paalcs.
1 am represented byeounsel, coun
sel who represent ' me snd who will
speak for me. What they1 will say wlU
ts'WTiatri wouia say -ir speaking 1n
propria persona-ana if X had no counsel
' st this flma" ,- ; ?,..
All ' tha power 'of oratory had gone,
seemingly all confidence and hope. The
man whose powers with the people have
. often won hlgnesfc. distinction In his
commonwealth.' waa-eo be represented te
- that supreme moment by another. John
H.-'Mrtchell sat down to await tha Usue
wnicn wss culminating inexorably.
' Senator Thurston . then presented a
new aspect of ths case, one whloh is also
destined to run the gauntlet of technical
defining. Ha Informed tha court hat
tha dafendant at tha bar-was a senator
or tns ' unites vtatea who. Anrin hla
. term oi oince, was exempt from re
.strslnt for other offense than treason.
: felony or breach of tba peace. . Counsel
Informed the court further that the
tum nit jonn u. Mitcneii was a
misdemeanor, and he, submitted that tha
. . court woma nave no right to pronounoe
. Judgment . of Imprisonment, - or a fins
, . involving imprisonment,-' which, would
'-"iSlr tha effect of nrevantlnv k a-
. mi. iiuiu.noutf M (D ouuas 01 his
' ', natnf1at nfflM .'V. .
. , .. .. ..um
;- nmMI Appeal ' " v
, ' - Senator' Thurston aaked attention to
thn fact that this provision was a part
of ths eonstltutlon, which took prece
flesce of any aucceeding ensctmant of
... ths government of stats. Ths oourt
was aeked to take cognisance of the fact
i that Senator Mitoheli'a regular term had
hot expired, snd if he .were Imprisoned
st this time ha would hum.
tend until the close. . r
.i Judge De Haven overruiad thla objec
tion to .further proceedings and Senator
Thurston announced that be would present-a
bill of exceptions on this point
making, three bills of exceptions thet
iLi!:
r
I
I
t L
rat i'.l A . J . j, , A . , i i ,1
EWEiiiiiiiiiifflii
LOOKUT; IFVERY-CAREFIJILY
,-t::iJI,
. .t ft r,f jf'i ..,......, .,,-,-5
' "Any ..eurrancv. bill of th tlnitnH
SUtea with the eagle on Its face and of
a higher" denomination than$lla-sn
altered' bill and should not be aocepted
by any business-man. ' Any note with
te eagle on lta face asd" with ths figure
$1 on It has been-ralsad from 11 to tie.
Ba careful bow.you.aooeiH IS .bills. By
a skilful process the eagle on the face
of -the II bill has been erased, and. the
head of tha Indian tbsti appears on ths
face of Ihe t& bill has been substituted."
i v This warnings was Issued this morn-
Ti.. V'.tZtVTv- l
'Ahy(;Bjl!iireThsui: Onerf Dbnar.WitrMEagle" otr. lf,ts: Bad rand
V "anVenonafNptes Should :HaVe' ;-
ImJ IB 3E
J
TTTT
lng by Stephen A. Connall, operative in
charge at the United States secret serv
tve bureau;.v-:r . .i:-..;
"Not are flowing out her from the
east," said-Mr. Connell after he -had
told of ths ' prevalence' of the .altered
bills, rand, soma- especially, the Indian
head note, will deoeiva the best bank
cashier In tha land,'- Ths altered It bill
with- the Indian - head - substituted .for
tba eagle, wss -offered by us to nhree
(Continued on Page -Two.) '
fiMt'rt'fiie'Fsk.rjSost
e"eeeeeeeeeaeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeweeeeeeeeeeeeeeeeeeeeeeed
YHA T. MITCHELL'S SENTENCE MEANS
'"Within fifteen 'months-two
gain.1
- Senator- John' H.' Mitchell of Oregon was fowdd guilty of .this offense
1 States Judge Do Haven to serve sis -months in tha. county. Jail asd
X United
..' " Senator . Joseph R. Burton of
inmoiuct aoaauai, iwsa asuipnoaa April 'ivof,' io servs six monws in jau. ana
appeal and'tbe case was .'remanded,-' - - . , ....vv-...
9 "fered because the statute of limitations-had run against the. of fenae-charged in It -The general verdict of guilty
convicted him, therefore, 'upon Ova . eounta The maximum penalty for tha misdemeanor of which- the eenetor was '
xsonviotad is '-two' years' Jmpnsonment and. lie.tOO fine. Consequently, had-Judge Do Haven chosen to Impoas sen-:
Z . tenca on 'each count, aa ha had a perfect right toi do, the majjlmsmt sentence which he eould have Inflicted on Sen
ator Mitcneu waa iu,rov una ana ten yearr imprisonment. ., -v; . r -.v --..-. . a,)-''.
. , . Senator Mitchell: will not begin -serving sentence Immediately. If he serves sentence at all It wnl ba onl' aftar -
the' United States supremo court, to which ho wilt appeal, sustains tha Judgment against htm, Until sentence is '
T .Imposed a Judgment is not. perfected, and orriy after the pronouncing of sentence caa an appeal be taken. -
; a---. uiAl.ll tkt. M n .... t u .. . -.. A ua , t. ji Jt w m.A . m . - ... .
v.uv n auv,,,,,,
his Affairs as usual until a decision
the United States senate.' t ,
XeeeVeeeee4eeiMeeeee,eeeie eeeeeeeeeeMeesees MM.M.MMeiiee
SWEDISH CAOiriET
Rikscjag Rejects Government Bill
Providing 4 for y Separation ,;
f, i r rom reonway.
'!
DEM AN b NEUTRAL ZONE
t r BETWEEN TWO NATIONS
--'4i
Ttf --'r - t J
Proposed That Parliament Signify Its
Wniingneaa to Negotiate With Nor.
' way for Dissolution- After Latter
ijaajj5)oteo '
4 ,
" ";'":; Oesraal-Ssesta Santas,- , -i
Stockholm, - July H.lTollowlng tha
report of a special committee Ppoftrted
b the riksdag ' to deal with the- Nor-
wegtan 'crisis; the Baedlsh cablnst today
rasisaeeVAi": "" r
4J&JiP'' " l-wv
""X-KWLB.rwut liul tw i .f
, in tba form, nrasantad to ha
r isdag. . and it is proposed that . the
riksdag signify lta willingness to ne
gotiate with . Norway for dissolution of
the union. If tha. storthing requests It
or the .Norwegian, people, by plebiscite,
declare lnfavor of such dissolution., w .
The. committee recommends In ths
svent. of dissolution that. Sweden. Insist
on a neutral sons between .the two coun
tries Jn which there will -be no fortifica
tions and that transit be' unobstructed
and that Sweden be freed from responsi
bility for Norway to other states... "
' 'A. loan of I2MO0.O0S Is, recommended
to provide for, readjustment of sxlst
Inc conditions., . ;t ,y
r
SAYS MRS. CARLTON DIED
L OF STRYCHNINE POiSOM
-J (ttmrmmi Sp.ilit aervtaar
- New fork. July IB Dr. E. J. Carroll.
who performed the autopsy on the body
of the second Mrs. Carlton today, said
that the condition of the body pointed
unmistakably to foul play.r- in hla opin
ion death eras ' caused : by strychnine
poisoning: ' .-'-.'.-' - ; !.: i-., ,
THREE MINERS KILLED '
HIN A MINE EXPLOSION
i-Z"''H -W'i ,.-'.,'
' v '..(Jesraal apeelal aervles.) - .;
Banff, N. W. T.. July II. An explo
sion of dynamite In the Bank Head mine
yesterday wrought havoc to-the mine
and annihilated -three . . miners. .. The
dead ares Thomas Smiley, David Thomas
ana jonn vriiiiamsw - . ,
HAS
RESIGNED
of Which-Is Froln 1 Eakar,. Cc-.t7.photograph by Klaei
'United States senators, hare been convicted
Kansas, eonvlstad ; Of using 'hla office for
tlv wu v f w i I, 14W uu
Is rendered on his appeal, Meantime,
. .. ':.;.
PEACE IS ADVISED
BY,:l7ILLIAn
Czar Nicholas Told by Kaiser to
End War in Far Eat as ,
i'Soon as Possible. ,t 1
JAPANESE TURNING MOVE ' ,
ABOUT UNIEVITCH'S ARMY
Mikado's Army Eighty Miles Inside
Mongolian (. Frontier ; Jews and
Christians Killed in JRlota Strike
Ordered in Odeaaa.
' : '
i -
( Joarsal XpeaUl 8,t1c. ,
if V
Beritn,; July 16. The foreign of flee
authorles the statement, that the kaiser
during fcis Conference with the csar yes
terday advised Jhe. latter te eeablude a
nea'ce with- Janan. ' ' 4
LLsca xonXaea-er -hrid-. ena. at
f. a niocit on -the evanlna- ot Joly 4.
lasting auurrne miciock in the momina.
The second conferencestook place yea-
(aroajr vurawn wnen (aa caar luncnea
with the- kxlser. The meetings occurred
on the German imperial yacht Hohen-
sollern and on. ths Russian. Imperial
yacht Polar Star; anchored - near
BJoarkee.' At tha first meeting' Em
peror William-was received by Emperor
Nichols aboard tha Polar Star snd cor
dial greetings ..wars exchanged. The
German emperor reviewed the guard of
honor and the yacht crew and the two
suites were presented, after which their
uajeauea rwurea to ui aatoon. . i ne sec
ond meeting took place on the Hohen-
sollern. ,-j .- -.,.:';-.'.. -, .
Much comment has been aroused
throughout tha empire and It lathe gen
eral consensus of opinion that prelimi
nary steps were taken to form an al
liance between Russia and Germany,
.The kaiser asked the csar to conclude
aa early peace and. to at enca devote hie
attention toward reforms In Russia and
the reconciliation of the discontented
portions of the empire. , .:
K0MURA IN NEW YORK.
:H-''- '' .' JLf, .V'.V,-'
Jspaness anenlpoteatlarr Clooeted With
j,MlaJstec Taxahira at the Waldorf. .
(Joarsal Special Serrts.) " -v-. ., '
- New Tork, July SS'. Baron Komura
and party arrived at- :4I o'clock .thts
morning. - Within half an hour he was
In conference with Minister Takahlra, at
the Waldorf-Astoria. Thsy will prepare
plans -for meeting the president and go
over the work ahead of them. - '
Komura will probably remain in New
(Continued on Page Two.)
Kiser. Photographic
Co,
of. using their offloes'for' privets "i
July I and sentenced this morning by -
to pays fine of $1,000. ' ' T
private gain in connection with ths'Z
io pay a una oi i2,vv. ni xooa an .
. ... s , . -
III tvy I uiy m 1 HIHJ Will gO aOOUTb
however, he will not resume his seat In
s : A.-, .; k-
WILSON OH VERGE
OF COLLAPSE
Venerable Secretary of Agrfcuf
ture Prostrated by Scandals
1 , """ot-His Office.,, ,
IS SADLY SHAKEN BY
' . . RECENT DISCLOSURES
Proof of Wrongdoing and Bad Man
agement, Eapedally in the Bureau
of SUtlstica.;AmMea and Sickens
Aged Priendjsf tha Farmer.
S-.-vt,
f 'tJoanal geeelal mmt1tm''xW
New Tork. July it. A Herald sneclal
from Washington hays: SeoreUry WlU
son Is In a state jf collapee. brought
about by the atraln under which he has
been Uborlng sines the disclosures af
wrongdehtg asd -bad mwunm mi An itMleae front JhtMrtn
caparrmenrr OT"agrlcultUra, especially
the bureau of Statistics. He went swav
last rrlday; t-te-Teet.-feltor mlraosT
prostrated, .. on. his retura he had
vomiting spells -yrhe SeoreUry. Is eocv
unsa to nis aparunants. . ' . .;.'
wueon. wui be 70 years, old. on An-
eu.i xe- e nss seen in the department
about eight years and five months.
Until recently no one dared to ouestlon
ths management of the department be
es use hs had the entire farmlna- Int.-
Donma nun and had been the moat
uupiHien( wiemoer or the cabinet.; --The
production, of nroof 'that
Ity, which 'the -president characterised
ss "worse than theft," had been going
on under bis very noee, and that he
wouia not neiieve it. despite repeated
warnings,, has sadly shaken htm.
James 8. Wilson was born In i.niiir.
8eotland,and came to the United States
in 1851, settling Jn ponnectlcwU In
MS he ent with his parents to Iowa
eountr. tows, and engaged In farmlna
He was member of the twelfth, thir
teenth end - fourteenth - assemblies In
lows, has been a member of the ststs
railway commission, a member ef con
gress, 1171-7 snd 1IM-S. regent, of tha
state university, director ef the agricul
tural axperimeat station and professor
Of ,' agriculture la the Iowa - Agrlou
tural eollege v'-'m .... .
Southern Amortoam Beratta, v '
., (Joaroal BpecUl Service.) - -t -:''
New ' Tork. July iS. Revolutionary
outDreaxs are tnreatenea at Buenos
Ayres and Rosarlo. Troops have been
held In readiness for ths last two days
ana . ' other precautionary - measures
adopted. ....i" ..:.'.. :''."-"
JOB M 8i
: pimnrrn
Liquor , Interests Get ; Enough i
Votes In .the City Council to
Railroad Amendment to . .
, " the Box Ordinance.
LIKELIHOOD THAT MAYOH 1
?WILL VETO THE UEASUHC
- -t
Tha , New Law Practical! T.VM
. Private Sooma in Saloons and Kta
taurants ia tha- Condition They1
Were Before Mayor Lana and tha
Police Began Cruaade, . - 1
Only en word was clunnii n k-
antl-box ordinance bv the uuninni
railroaded throuxh tha altv MHi.(i m
the special meeting yesterday afternoon,
yet U will be sufficient to throw open
boxes oontalnlna lie aanara v.
of space In all the saloons and reatsu
rant la the olty. The ohaaga was rn
section t, whero 'the wont
wss subsUtutad for the word "section.- .
,7.. u,peots are highly delighted
with tha change, which permlta them to
conduct saloons and restaurants aa they
did before-any attempt was made to en
force the laws br Mayor Lane. The or
dinance does not provide that the boxes
must bo open So that aa outsider may
sea who ooeUDlea th.m: am nMHni -
close and lock the door and prevent any--
front stitarrng. .. - ' i - '
Te: aew ordiiiance Took the mayor'
and several of ths member ef the eoun
cll. completely- by aurprisar-The msysr-" "
hed never aeea t a copy of the amend
ment; soma membera were handed cos-
les just before tha session. . It wss sup-
posed that the' recommandattnna f
liquor license committee that the ordi
nance undarr consideration lut wMik
do not pass would be adopted by tha
Dooy, ana mat ma old ordinance would
hot be altered. .';.-.-' '- -'. , -
' i.Week ef fclqnog Xatexeats:-
Seelng that they ware llkelv tn ,
defeated , the ' llouer : Interests decided
on making aa attempt to- change the
one word ia the old ordinance, as on
that .word all the . trouble centered.
They argued that the original fnunere -of
ths ordinance . did not Intend that
boxes containing 10 ' square feet of
spaoe should ba prohibited, and they
harped continuously on this one point
to Impress if thoroughly ou the mlnda
of several councilman who were adverse
to making any change.
councilman Annand introduced the or
dinance by requeat, and John P. Shar-
key Immediately moved that the rules be
suspended and that the measure be
given its third reading." Councilman
Vaughn protested '.against any railroad
ing acts, and stated that the ordinance
should go - to the committee, where it
could be thoroughly investigated.'
I believe we should have a better un
derstanding of this measure," said be.
We should make a thorough inves-i-
gstlon of it. Do not pass this ordinance '
today, but give- the people a chance to
be heard. The proper thing to do would
be to refer it to the committee."
Those who. voted for the suspension
of the rules snd the ordlnanoe . were
Councilmen Gray, Belding, Annand.
Menefee, Bennett. Rushlight. Sharkey,
Kallaher Shepherd, Dunning and Free
ton. -:.i . ' . - ; ' "
Those opposed were Councilmen Mas
ters, WUla. Wallace and Vaughn,
Mayor lane would not state whether
ha would veto the measure or not, but
in ail probability he will, aa ho said aav.
era! days ago if the council passed sn t
orainanos-not ueetred by the people he
would veto It. if he dose It la likely "
that the veto will be sustained, it will '
take .ten members of the council to''
pass the ordinance 'over the veto, and -
It Is thought that certain members of
the council will change their mind re- s. .
gardlng the Ordinance when they, fully
undersUnd ;.what It meaaa It was , '
stated today that certain members were
surprised when they lesmed how the
change of ' the one word altered . the
whole situation and gave the liquor In- '.
tereata everything for which they bad -been
fighting. .,.'.-r i'- -..;
Much Indignation: has been expressed .
on the part of conservative cltisena
and - considerable . pressure will be
brought) to bear on the council to gt ..'.-,
them to support the mayor if he sees St
to, veto the ordinance, t . , r
4 ... , '
CHIEF RESIGNS AFTER r
MANY YEARS' SEwVICS'
' i " ',, r : V i ' .. i
V.h (Jovriial aseelat 8arwe.V;
Chlcaaa. llulv t.--Chlef . of Poll'1
O'Neill reelgned this sfter neon after iis
years ef service en the force. Mis uo
cessor has not yet bean appointed. - ,
great r:oTi;:,":j r:i
du.-;l!:::tc:;to c:::::
(at f- Srne.)
Llnct.:n. Ktx. July SS. t
has I n withdrawn ag'iat
1. . . rt a 1. I
reservation 1
ng of te r
..ngton as"
' '- ; '(-.( ' 1 5 , -'- . . .'.."1 ; 1 .V .' " . ' ' M'. '.v.'..'. U