Ui J'T BE.- MISLE.D--T- -Li p Ai LTI-:-;J C J -II I AL ' CO CT3 ' BUT - TTO - 'CILNTS ONr-THE"GTI
GOOD EVEHIITG (( ! YuUs& f hfeuSX! mMfSfflP ' Circulation
Rain and warmer tonight; Thursday V S "' ' ' S y- ' ' v.. i ; : Was if V i J V-
rin; southerly winds. . N-O-X j ; JC , ' ' ; ' ' ' X '. , .
VOL. IV. NO. 224,
PORTLAND OREGON, , WEpNESDAY EVENING, . NOVEMBER. 22. 1905 SIXTEEN PAGES.
PRICE TWO CENTS.
Aw tbatjts 4o irrws
stands, v cuti
P
L
Eastern, Oregon Man Elevated to the Supreme Bench to Serve Until January, 1907
we
ETON'S SOCCESSO
G0IERI1
10 FILLING
l . -
-AppbintHis Announced First Choice Fori the
Position, an Ex-Mayor of Pendleton and
. ; . .rormer District Attorney..
HENRY E. REED FOR v- ,
! CLERK OF THE COURT
-i Secretary of the Lewis and Clark Fair
Prominently Mentioned for the Po
; sition Now Held by McKee, Whose
; , Successor Judge Wolverton . Will
Appoint. '" ,V
f :
i finKfim(nCTrKrTW
-Balera, Or. Nor. JI. Governor Oeorr
. B, Chamberlain fhia morning appointed
Thomaa a. Halley of Pendleton to a
eat on - the supreme bench to All
the vacancy reused by the appointment
ot Chief Justice Wolverton to the fed
' oral Judgeship of Oregon, made vacant
by the death of the late C. B. Bcl
. ling.' ' .'-" '
'The governor simply .announced that
. ha had decided on- the appointment, of
. Ilalley and that hla credentlala would
be laaued aa aoon aa Julir' Wolverton
realKneL - i . '! .
Tlie appointment meeta with aroneral
1 approval here.-. '
-Jttatloa-JWolverton- expect to remain
, on the atAte bench
weelt- lotNrei1."'-''--'-1
fur at Jcast i two 1
Judge Wolverton's term of offloa x-
plren In January.. 1107.' rija aucceaaor
. will be elected at the coming June elec-
' tlon of 10. Halley consequently wilt
hold offluo a little more, than a. year.......
Thomaa Q. Halley waa born at 14k
:. Grande, Union-county, Oregon, July II,
Hat, of pioneer' parent. . Hla father,
' John Halley of Idaho, a native of Ten
' aehaoe, croaaed the plalna to Oregon
' City In H5S, and later aettled In aouth
m Oregon, where he met and married
Ioulaa M. Orlffin," a native' of Ken-
- tuck'y. who came to Oregon with her
father. Captain Burrel B. - Quiff In, In
1M.- - " ' ' ..
' When Mr. Halley, who la a third aon.
was months old. he waa taken to
Idaho with hla parent, but waa soon
brought back to The Dalles,: where he
' 'lived while bla father was operntlng
, atags Unas between Oregon and Idaho.
. loiter bualnraa -, Intereats caused the
Halley family to return to Idaho, and In
Bolae, where the family home was es
: tabliahad. Mr. Halley received his puh
' lie school education and preparation for
"'t'HIlsga.'" Mia aialluiiB were spent upuu
the ranches of hla father, who owned
large numbers of horses und hIhmd,
Begins aa It Clerk. .
In the fall of i84 he entered tha taw
office of Cox Minor at, Pendleton,
Oregon, aa Uw atudent and clerk, where
, he remained about a, year. ' At the end
of this time he went east with M
father, - then serving a second term ir.
congreaa aa a delegate tryqi the terri
tory pf Idaho,. ad entered Waahlngttn
,. and Lee university at xln-ton, Vlr
, glnia, where he apent four years In the
. collegiate and. law departments, grad
uating from the latter In June, 1S8,
' with the degree of doctor of laws. Dur
ing his college career he waa prominent
. In the literary and aoclal life of the In-
atitutlon, held many position of honor
an trust and won many important cot-
, lege honors. . i ' ' ,
. After graduation he' returned to- hla
home In Idaho,: but was aoon requested
. by Cox A Minor to reenter their office,
and did so July 11. 18. Ha remained
: with this firm until their removal to
Portland, January 1, 180. In the fat)
: of 1K he was' appointed by Chlefdus-
Ilea Thayer clerk of the supreme court,
', of Oregon for- the eastern district, sad
held the position for more than 'thres
' year. i . '
Mr. Halley waa married to Mlaa Ma ltd
U Beach of Iowa, July IS, 1812. and
they now have .two daughters, Oene
" vleve and Elisabeth, to grace their
- nleasant home overlooking the clty-ol
- Pendleton,' on the north 'bank of .the
'Umatilla river! . -
Defeated My TtUrnL
- fr-r
In August. 3S2, he was . appointed
-floputy dlatrlct attorney for tha fllxth
..Judicial district. In Umatilla county,
and about tha aam time formed m law
partnership with Stephen - A. Iowl 1,
under the firm name "otKal1ey r
Iwell. Which continued until October.
1S9S, when Mr. Lowell waa appointed
circuit judge of the Blxth Judicial dla
: trlct, upon the . resignation of Judge
James" AT Fee.- lit then formed a part
" herailo" .With Judge Fee, Charlea H.
Carter and John U Austin,- wfth offices
In Pendleton and Union. Un,lon county,
Oregon. ' Since the dissolution of 'this
firm hs practiced with Judge John J.
Ballery, now deceaaed, and later the
. firm of Halley Iowell waa reestab
lished.. '" In the spring of U9 he wss nomi
nated on the Democratic ticket Mr th
; office of circuit Judge, but was defeated
. by hi former, partner. Judge Lowell,
, and In the spring of Itoe hs wss homl
, nated try hla party for dlatrlct attorney
' and waa elected over his former part
- Iter. Judge Fee, Throughout these eon
testa, although defeated by one friend
(Continued on rage Two. )t
PROMPT 10 ACT
VACANCY
1 .1 . I
Snapshot of Rpfrf H HCWji tfi
a view of the interior of the Pullman
trip through the louthwest with hia father' mother and wife at. a coat '
'of four thouaand dollar to the policy holders. yzy.lS '.S
CAR SHORTAGE THREATENS TO RUIN
- MHAilYlPORTLAnD
Lumber Companies Ask for Thirty Cars and Get Two to four- -.'
' Men' Laid Off and Some Plants Run ' but 'i One -'' Shift '
.''.t ''-'-J,' Need of Belt Line Emphasized. . '
A car shortage that la almost ruinous
to many Industries' Is prevalent fl the
PaclAo northwest. , Its effect In some
quarter of Portland Is like a blight on
business. ' It Is estimated that today
Portland's productive Industries could
and would load 1.000 cara mora than
can be scoured from the railroad for
shipment of Portland product to
points within the city's trade territory
and that aa . a reault of the handicap
thouaand of dollar are being lost to
tha city's business . men' and to- the
worklngmen who are directly affected
In one way or another. ' -
The-shortage appears to be growing
worse dally and there Is no definite
prow pee i for Tellef. " ,
Manufacturers, rommlsslpa men, fuel
dealers and all kinds of heavy producers
of ,tonnfli are discouraged and bitter
ly criticise jne rauroao companies, ror
lack of foresight and failure to pro
vide adequate shipping facilities. ,
. Oonattry'a Orewtk the Oaaee.
The prime cauae of the caf ahortage
Is attributed to tha Immense growth ot
the country In the last year. But those
who have watched the conditions year
after year any the rallroada In Oregon
have been ntmentsbly short of equip
ment for the' last five year,, nd that
while Mr: Ha'rrlman haa been advised
of the- situation - he ;ha -Ignored the
need- of the' people. " A large .milling
firm; In Portland makes the' statement
that three -years ago It was driven out
of tho trada in California becauae It
could Hot get care : for shipping Ita
product after It had at heavy expena
worked up. Inrge trad In that terri
tory. ; Ita, California trade had to. M
entirely abandoned and other' manufac
turera got In and took the buslnesa.;
r
. ...
v' j""''''" n tHnintl I il', 'ml'
car in which, he made a junketing
' "Since that' time "we ha ve succeeded
In recovering our California trade,'-' said
the manager, "and-today we are . get
ting fairly good - treatment ' from ' the
Southern Pacific , company.' ' . ;
"..''t.'. Conn try Merehast sMffer. J
At i. Interior , pdlnts, ' the shortage 'is
felt -In smaller measure, by each - com
munity, but .in ...the. aggregate , an- Im
mense tonnage is awaiting Itstrlbstton,
and the effect of the stagnatlonlia-felt
In Portland business offices where4h
mail from country customer! refcetved.
Many country merchant write: v
"Owing to failure to move crop, the
farmer In this neighborhood, are .short
Of" money," and we -would like to have
further accommodation on oiir-aecount
with you." : -j, -""Theiir
ahbrtage fi
In.Pnrtland by hlppers of heavy com
modities, and particularly of non-pertah-able.
good, .- The lumber mills and man
ufacturers' of all kinds of 'Wooden, iron
and similar product suffer most. The
lumber mills are- getting only on tenth
the number .of .car, they need.,. OnJ
mill aa, a .result ha laid off 1J men,
another. Is running on three quarter
time., a. third will shut down if . the
pressure ' 1 not , relieved, aa .the - com
pany's great yard rapidly are becoming
congeated. : - ; r
Qo Wont Instead, of Thirty. v
Today the Inman-Poulsen Lumber
company railed for 10 cars for Immedi
ate loading ano got orrty two from the
Southern 1'aclAc snd two from the O. R.
A N. romimny.i The Eastern A West
ern Lumber company tnked for 10 Vers
sod- got two. : The other lumber mills
ACeatlnuea cn', Pag .Two.), -;
MUTIIIV Oil BOARD
IIUWM
Chinese . Crew Demand's :r More
' Chow Money, Is Refused ;
;Vf ' an'd, Rebels, v ' . ' ,r.l
SAILORS. HURLED TO DECK r
- BY MOUNTAINOUS WAVES
Captain Saya That in Japan the Pop-;
ulace,' Angry Because of "Peace,
Burned ' Reeidences of : Komura'a
Secretaries and Chaied Them,'"' ! '
A. revolt of a' Chinese crew, 'which had
to be subdued with aworda and runs:
cyclones . showing . as strong wind -.a
have, ever been, recorded aboard, ship
on . the Pacific ocean; salkirs. thrown! to
the deck and hurt, by the mountainous
waves: burning of the .houses , Which
shlTtered the, sweethearts of; Bsron Ko
mura of the 'peace conferencej'fllgftf of
the damscla' to Shanghai these, are a.
few of the Incidents related by the offi
cers, of. the steamship Numantla, which
reached port ! yesterday; morning! from
the o'rlent. " - 1
Had It not been for tne prompt action
of First Officer Peters; the steamer
would have been without' sailors' soon
after 'her arrival at MoJI. The men be
came angry when they found -out 'that
the steamer was not going through to
Hongkong- aa hitherto had been-the cus
tom. - - ..--,,. " -; - ? .
;. "Chow Money"' for Supplies. ;
It seems ' that . the Chinese had been
allotted "chow ' money". wUii which : to
purchase sufficient amount of supplies
to 'last .them the. round, try. ; .
. When told to . make' these . purchases
at Moji. as the vessel would not go to
China, the seamen demanded more "chow
money." They declared that provisions
cost more "In Japan, and. said that It
they " were not given more funds they
would -not 'Work.-'--- '' ' c,
When sn effort waa made' to . reason
with the Mongolians,', thwy congregated
on tha deok and.ahowed fight. Flrat
Of f icer Petera had a sword banging on
the- wall of hi room, one he had used
when serving in the German navy,. Seis
ing this weapon, he qulcklyunsheathed
It and knocked one of the belligerents
over th side nf the ship. -"Then striking
right and .left, he soon scattered ,th
rioter. ' . -. r . -, ,
" Flo to Kill OfHoers. V I
' It IsTbelleved tlhe defeated saflorsthen
carefully laid a plot to murler the offl
cera. Atrany rates onV'of" them, slipped
quietly up to a cot on which Third Offi
cer Outsche was faat asleed and pointed
a loaded, revolver at bla head.-- Peters
aaw the would-be assassin, however, ,nd
before he could pull the trigger sent
him sprawling with his. sword, .autsche
then swokr, grabbed the gun and tapped
the Chinaman over the head with It.
From that time on. there was nothing
furthef said1 about "chow money" and
very-4Hor returnedrtt hie labor.
r Twov day out jrtom ; Yokohama. --th
Numantla ran into the tall eml of a
Avrlimfl which mjut Kr latu har.l ft nit
roll freely.' Later on ah waa Stitkl
by a second Cyclone, which the officers
describe as one of the most severe they
ever experienced. The lastruments used,
and they are the beet made, could not
measure the wind velocity. , The . wind
. Continued -on Page 's Ten.) .j ;
TO
RECOVER LAUD
LIATIUA
Government After Land Fraud-
ulently; Acquired by. Hyde,
t Benson and Clark. '
PROPERTY COT BY TIPS
FROM LAND OFFICE CLERKS
Long . Liat of , Defendants, Moat of
'Whom .We're Innocent Purchasers
' Property Now Owned by K. O.
-Warner inri J K. Smith rtmiinii
' (Special ' Dltpttrk te The Jnarnsl.t
, Pendleton, Or., Nov. J 2. P. A. Clark.
deputy ,UnIted State marshal,, today
served a complaint. Issued by Attorney
fJeneral Moody upon B. A. Rugg. K. O.
Warner the .First National bank, T. C.
Taylor,, trustee to C. B. Wade: the J. E.
Btnfth rLiveStocx company, all of Pen
dleton, In -an action to annul title to
land secured by these parties purchased
from Benson-Hyde agents, who In the
flrat' place located thla land through a
tip by. land-office clerk In Washington
and- who' have confessed to the government.-;!
'. . . J , ; ...
i The complaint name, th following
participants, all being Innocent., pur
chaser excepting Hyde and Benson and
Clark,- being served limply to establish
the chain of title to the land: Fred
erick A. Hyde, John A. Benson, W. A.
Clark, B. ' Wade, E. A. Rugg, Flrat
National bank. Pendleton: K. O. Warner,
TC. Taylor, trustee Wade; J. E. Smith
Livestock company. ". .
t Clark aold land -to C. B.-Wad,who
sold to -others, all becoming parties te
the suit of th government to revert
title' ' ''- . ' . ,
.The amount of land In the complaint
consists of tract of SO acres each, tim
ber 'land, situated In the Blue moun
tains, t'matllla county, now owned by
K. Q. Warner and J. E. Smith Llveatock
company, the last purchasers, who are
likely to be losers, ' : "
SAY-STEPFATHER V
' J. GOT THEIR PROPERTY
(Wshlaglea ' Bams tt The-. JoarnsL) ;. ,
Salem. Nov. ' St. Judge Galloway
yestTnsy-ftei iiimui divorced 'William
from Matide Schafer on the ground that
she had been guilty of fnr mlscuridnct,
The suit of Mrs, Effie M. Reed of
Portland and Miss Ann May Johnson
of this city against O. O. Savage occu
pied the rest of the day. The women
allege that -Havsge. their stepfather
ha defrauded them of their mother'
estate valued at I17.50Q. Savage " I
candidate for councilman on the Re
publican ticket In Salem.; ,)
SURVEYOR FALLS" FROM
LE0GE-T0 INSTANT DEATH
' ;' V " " .
I (Ksll rHonstrll tn Tte Jminwl.1
Vancouver, B. C, Nov, ai. John' P.
Mitchell, aged tl years, a surveyor Kt
Hector, on the Kicking Hors river, was
wslklng slong e narrow ledce- tn the
tnnimtnlna .when he fell t feet to the
rocks below, being killed Instanlly,
Gaga E. Tarbell Says That DU
mlnlshing Dividends to Pol- .
icy-Holders Was Due to
.;V ...'. '; Extravagance. . :
PRESENT INVESTIGATION
- WILL CORRECT ABUSES
Official of Equitable States That He
' Always Paid His Family's Ex
penses - When They - Accompanied
Him Rogers to Be Called Young
. McCurdy as a Spender. '
(Jsanial SpeeM Sen let.
New Tork. Nov. I J. Oage E. ' Tar-
belL third vice-president of the Equlta-'
bl Life Assurance society,, resumed
the atand this morning In the legislative
Insurance Investigation. He told fur
ther details of , the employment of
agenta by the Equitable. '
- .. Plxalalaklng PivlUpdr-
Hughes asked Tarbell to account for
the disappointment of pollcy-holdere In
Vhe els of dividends at maturity. 1 Tar
bell said that there were aevertl rea
sons for small dividend, the ratea of
Intereat had gone down from to' t per
cent and cotnmlselons and expenaes had
Increased, taxes on premium In differ
ent states had doubled , and labor waa
higher. Tartwll atated: ; (
' "Then there have becn'extravagance
In Insurance management which are
partly responsible for the reduced divi
dends. I thlnk-'the work of this com
mittee will go a long way to correct thla
extravagance." ,
Tarbell aald "that . he had alwaya
urned In an Itemised account of all ex
penaes and that he paid the expenses
of. hi own family from hla peraonal
fund when he took them with him on
Inspection trips.
Tarbell explained the agency, system
of which he had charge. He stated that
he had endeavored to Induce the Mutual
Life and New York Life company to
fight Inimical legislation by organising
the pollcy-holdera on account of tha
large expense under the present sys
tem. . He explained .the system of fix
ing commission on- various classes of
policies and detailed the Increase of
commissions with the Increase of com
petition, i - ' -
jSiOCmjhi a fianaa
Yesterday afternoon James P. Apgar
of Westchester stated that he could not
remember what the . 1 1,000 payment,
which was noted on one of hi cards,
from Mr Hyde war for, and mid that
he thought that he had called on th
Insurance official to Intercede for a
friend and left hi card - which he
thought waa uaed aa a memorandum-'
Mr. Hughee ha received a request
from William S. Manning, who figured
a "our cantankerous friend" In Depew's
letters, that h be called to the stand.
He state that he waa never employed
by the Equitable.' , , ' i ,
Further development of farts In the
Investigation of the Mutual Life may
make It necesaary to place Henry- H.
Rogers of . the Standard Oil company
upon th stand aa a witness In th near
future. Andrew J. Clunle, formerly In
surance commissioner ef California, will
soon go before the committee.
It le expected that Robert H. McCur
dy, general mttnager of the Mutual, will
be recalled to1 explain ftnther hie trans
continental palace car Jaunt, In which
ha took, his entire 'family and their
friends across - the' continent, and the
Mutual' policy holders paid the bill.
Young - McCurdy , previous testimony
Vftowed plainly that thousand of dol
lar hajj,ben spent by him in this man
ner.' ; I .' '
- He told nnblushlngly of entertaining
hla father,' mother and 11 wife -on these
trlpa, which were charged to the Mutual
Rife as traveling expenses, and. Under
pressure from Mr. Hughe, confessed
hat on one of these trip -hi wife took
her maid along. '
, , , . Slat Horse Thief enteaoesU--(Bpteial
Otepatrlt to The JnarmaL)
Welser. Idaho, Nov. SI. The sixth of
the gang of horse ' thieves. Ira Balrd.
was today convicted and sentenced to
four .year In the Idaho penitentiary at
Boise. '
Samto sin tke Melon Patch
He's one of the funniest little fellows you ever sJiw, and he
is built to amtise the children. AThe little black hoy eat his
watermelon and rolls his ejes snd just enjoys, himself. M
this is only the first of scries of mechanical toys u lnVh Tty ; ;
Journal is poinp'to (jive away1, bepnninfj next S in ! n . !''
the jtiost attractive mechanical cut-out t v . i t' -and
yMi get it
Free Vit1i
77..
4 ' i
Pugilistic - Naval Student Minor
.Meriwether Answers to y
Crime of" Manslaughter '
" ''for Finish Fight,
THREE REAR ADMIRALS'
C0URTMARTIAL MEMBERS
Charges of Infringing Discipline and
"Violating Naval Regulations Also '
r to Be Answered Fatal Battle Was j
According to' Traditions and Lasted --Twenty-Two
Rounds.'--
(taarsal Special Servlee.)r
' Annapolis. Md., Nov. 2S. Upon charges
of manslaughter and conduct prejudicial
"togo6ddrderrna 'dlflprm and -fo -violation
In naval regulatlona . by en
gaging la a. right with Mldshlpmt-i
Jsmes R Branch, Jr., Mtdshlpmsn Miner-
Meriwether of La Fayaette, Louisi
ana, wss plsced on trial thla morning
In the naval academy before the general'
coartmartlal ordered by Secretary Bona
parte. .
Branch' death, two- day after the
f lglrt, which occurred on November i,
form th basis ef a manslaughter
charge. The other charges are Incl-
dantal to this. The tudge advocate i
Captain Adolph Marks. -I He acted In the V
aam capacity In the Maine Inquiry,
The member of the courtmartlal are:
Rear-Admlrala Ramssy, McCormick and
Barker, retired. Captains Walnwrlght
and Comly. Commander Staunton.
Flak and Barry, Lieutenant-Command-era
Clarke and Craven and Lieutenants
Jackson, McLean and Conatetna.
Staunton, was excused from serving
because before he was ordered for trial
duty he. was . heard .to say that he
thought Meriwether should - be dis
missed.
The courtmartlal charge and speci
fications were read to Meriwether.- He
pleaded not guilty.. Jamea C. Vender-.
carr of the second clsss testified thstt
he was one of Branch' best friend.
He ald: '.
"I sst next to Meriwether at mesa ,
upon the arrival of the British rle-t ;
Meriwether declared he was laying for 1
a chance to souk Branch. A day ,ater
he announced that he had received a
challenge. Branch had admitted nag-
Il" Meriwether."
Btory of the rig-M.
Meriwether and Branch entered thai
academy the aame year, but Meri
wether was turned back because ef fall-j
ure In his. studies. Ill-feeling devet-j
oped , between the two young men. the)
cause of which no one was able to telL
As cadet officer Branch Inspected th'
qusrters of the midshipmen of the sec
ond class. On one of these tour ho'
entered the room occupied by Meri
wether and discovered a suit of civlllani
attire In a laundry bag owned by Meri
wether. Branch reported this to the au
thorities In the academy and Meri
wether received SO demerit, aa. It waa
agalnat th rules. , -' - ,
After Meriwether received the IS de
merits he called Branch a sneak and
cowsrd, both of which are fighting
worda at th scsdemy according to tn
code of honor that prevail among mid
shlpmen. - Branch and Meriwether re
ported the Incident to theis respective
classes snd Branch waa directed by hla
classmen to challenge Meriwether te
fight and Meriwether was Instructed; by
hi class, to accept the challenge.
' TongM Twenty-Twe Beamda.
Plana, for thai fight wer made and
Cadet Lieutenants "ltch and Noyee p-r.
mltted the two principals and thetr sec
onds to absent themselves from supper.
Fitch ;snd Noyes acted aa seconds and.
two of the; midshipmen a timekeeper
and 'referee. Th fight wa held tn on
of. the room of Bancroft hall and wae
fought. according to.. London prise ring
rulea.wtth bare knuckles, every knock
down constituting a round.
- The- fight lasted SS rounds and both
men were severely punished. The shoul
der of Meriwether wss dlslocsted and
hi ankle sprained.- Hi second forced
hla shoulder back Into place and the two
principal were ready to proceed with
the contest until the 3t rounds should
wj fought, when a lookout nottfied those
(Continued1 on Pag Two.)