.... . . t .. - ' i.
GOOD MORNING
Journal Circulation
THE WEATHER.
Occasional light rain; ac-utherly
wind. ; ' 1
23,812
Yesterday
'Was
VOL. II. NO. 33.
, PORTLAND, OREGON, SUNDAY ; M6RNING, DECEMBER 3, , 1905. -FOUR SECTIONS FORTY-FOUR PAGES.'
PRICE FIVE CENTS.
PICATES
r V
mm
IT
S. A. D.
FULTON WILL HOT BLOCK
BRISTOL'S CONFIRMATION
"A Good Man" His Expression -Concerning
i i : i ii . ft ,r',i i a ' ' ' ' o?i m. ' . .
me iMew u. a. uisinci Aiiorney oiieni
: . as to. the Rdseburg Appointments.
HE FEELS VERY KEENLY SLIGHT
PUT. UPON
Heney Renamed Special Assistant to Attorney
General" and Will Finish : Land ; Fraud
' Cases After the Holidays. 1 :
fWasktngtoa Boreaa of Th JoersaL)
Washington. Deo. I. "I do not intepd
to make any effort to prevent the con
: flrmatlon of Bristol aa . United States
. attorney. He la a good man. and while
I have not been conaiilted concerning
his aelectlon and appointment, I wjll
. not endeavor to binder his confirmation
by the senate. Aa to the other ap-
polnteen'I do not care to smy-at-thl
time what I will do." - .
While Senator Fulton would - pot ex
. preaa any opinion of the action-of the
. president In going over bis head in
. making the Oregon federal appoint
ments. It la evident to hla frienda that
. V-ba feel the altuatlon keenly and that
a la of the oplnl. that great lnjuatlo
' ' i being done the state of Oregon by
thla refusal to recognise lta repreaenta
Hve In congress.
' - Although -Senator Fultori would not
ence to approval -or of rejection by. the
senate of the nomlnationa of Eddy and
Lawrens, for the Roaeburg land -office
places. It la believed he win not under
. take to prevent the confirmation. . That
he eould prevent the confirmation la not
doubted. He la a member of the public
landa committee, which primarily will
paaa on the nomlnationa and could un
doubtedly aecura from thla committee
an unfavorable report on the nomlna
, ' tlona. ' " :.
' , Will JTo meaent nigki.
Senatorial courteay would enable him
to at leaat tie up ' the nomlnationa
throughout the entire time of tha com
ing aeaaion. and forte another-receaa
appointment at lta cloae. It la believed
Fulton will not do thla, but will allow
thi alight -vhlch haa been put upon him
to go unreaented. by the adoption of
dilatory tactica. otod will permit both
. nomlnationa to go to confirmation.
. - The admlnlatratlon executed an unex
, ' pcted coup In Oregon af f alra by the
-appointment of three federal offieeri
Juat prior to the aaaembling of con
greaa. rbe appolntmenta are the reaull
of a conference held Wedneaday" even
lng laat In which Prealdent Roosevelt,
Secretary Hitchcock .nd District At
torney F. J. Heney took part. . The
conclusions of thia conference were) con
fidentially kept from the'publlo untU
11 o'clock lant night when announce
ment was made through the medium ot
'a preaa association that William C.
Bristol had been appointed United States
attorney. Benjamin 1 Eddy of Tilla
mook register and James M. Lawrence
of Bend receiver of the land of floe at
- Roseburg. - ,
. ' The significance of the appolntmenta
at thia particular time, within a few
daye of the opening -of congress, la
v pointed out to be that , they are recess
M'CALL SAILS TO
GET HAMILTOFj -
Secretary of New Yo"rk Life Will
Bring Back Hamilton If His I
V . " . ... ..a ihiI III 11 - ' ." i
HealthWill Allow.
' (flpedsl nispstca bs-Ussed Wire to Tb Jodrnsl)
- Kew York. Dec. J. John-A.-MoTall,
secretary of the New York' "Llf Insur
ance company, sailed on the Cunard liner
: Lucanla today for Paris, to Induce
, "Judge" Anarew Hamilton t6 return and
explain to the Armstrong Investigating
committee what he did with all the
thousands that were sent to hlm'at Al
bany by -Wis company's offlelale. ,
"I do not-believe that Hamilton will
return,"' -said Mr. McCall. "But I will
dotmy very best to bring him. If he will
- not eome and t cannot lorce him to do
so I shall laak him to give me a de-
, tailed atatement of his Albany expendi
tures ao 1hat I my give it to Mr.
Ilughes." ,
"It was. reported.; ' Mr. McCall was
"lold, "that Mrs. Hamilton on her return
here some weeks ago, aald that Judge
Hamilton would never come back' "Is
that right"
"1 do tiot think he .will.,. I mean to
try to iln'my beet to bring him back,
if his health will allow."
Puter arid H.
HIM BY. PRESIDENT
appointments and eonaequently each of
ficial -can aamma the duties of hla of
fice Immediately and without awaiting
the confirmation of the aenate. Had the
action been delayed until the opening
of congress.1 the appointees would have
had to defer performing their official
duties until 'confirmed by the senate
and .it Ja- regarded aa a clever move, to
mitwtt the ppoH(on welch- mlht arise
to the confirming of any or all of the
new officials. - . . . ;',..
. Keney OffleU Adviser. -
The appointments caused a genera)
surprise among .those persons, at the
capital who are intereated in Oregon
aff alra. and to none less than Senator
Fulton whoee advice was not-sought urt
wishes followed excepting in the case
of Register .Eddy, la making the ap
polntmenta. ,r ,.''! ;
Xeaer wi motor Soon. ...
sTOYTlttorKty.1" JleiiBi. ejiiu' t
looked upon aa the adviser of Secre
tary Hitchcock and Prealdent Roosevelt
In Oregon federal patronage affairs, de
clined to discuss the appolntmenta. H
stated, however,' that he was today re
appointed to hla former position i aa
special assistant to the attorney-general
and was aaslgned-tO'take'oharge of the
Oregon-land fraud cases now pending
In the federal court In Oregon.
The principal cases to be tried are the
Blue mountain reserve case, in which
Mitchell. Hermann, Mays and others
have been Indicted; the "11-7 rases. In
volving . Puter, . Mitchell, Hermann,
Loo mis and others; the land-fencing
case, involving Stelwer, Hall, Maya,
Hermann and Hendricks, and several
conspiracy cases, in which Indictments
have been found against Pierce Maya,
Sorenaon, Puter, Thayer, , R. A. and
Henry Booth.
Mr. Heney will be engaged here in
cases before the supreme court and
does not expect to return te Oregon
until after the holldaya. When he does
return he will press to trlaall the
cases fn which grand juries have found
indictments under direction of the dis
trict attorney and will not let up. on
them until ' the ' cases are disposed of
and completed. .
Beooauaoadeet BrlstoL
Pressed to discuss the president's I
tton in Oregon appointments to hla own
thought the president had recognised
the peculiar altuatlon, existing in Ore
gon ana naa aeciaea to act tnaepend
ently In making theee appolntmenta. In
the. appointment of the district attor
ney, Bristol, he had selected him from
among tne young attorneys wpo naa
(Continued on Page Two.)
" ' 1 " , I. 1
COLLEGE ATHLETES
SHOULD BE PAID
Dr. Albert 'L Sharps Advocates
Jhe Pplng Away With Rules
,nf At,aM!siat k siaaiaiiM
(SperTsl THipatcli hy Leased WIN t The Jsorssl)
. Annapolis, Mr Dec I. In an address
before, the Convention of Colleges and
Preparatory - Schools of - tha Middle
States, which Is in session here. Dr. Al
bert I Sharpe, one of the best known
athletes . that Yale ever produced, and
now physios! examiner for Penn Charter
school, Philadelphia, advocated the do
ing away with , rules which prohibited
one who had received an athletic emolu
ment from any source' representing his
college in contest snd the substitution
of impiy - tests baaed on the player's
work as a student,' .: : . -
"I believe that many worthy fellows
have been compelled to leave college In
debt when by making use of their ath
letto ability outside the college term
they need not have done. so," said Dr.
Sharps. - ...... ,
"Why should a man be declared in
eligible' to "represent - hla college in -an
intercollegiate teat because he haa made
a little money as member of summer
baseball 'nine, while he la trying to gain
an education In college under perfectly
proper conditions and 'dying his ' work
well," ' ...
G. McKinley Are Central Figures in New Wholesale Timber Frauds
, yi- ;, rvrr. ....,. ,' .. ., .. ,
;.;7:V-'';J .' fV'THESE ARC SENATORS V''r;; y
nil I !i"TMil k Ip i
I V'
Circuit Court Gives' Judgment
Against Wells, Fargo & Co.
- in Old Suit. '
..f u.rm"
zt-?.. in
Judgment for sums approximating
cash, which bad involved the
handling of 11,590,000 of money and
property was given in favor of the
plaintiff a yesterday against Wells
Fargo at Co. by Judge A. P. Sears, Jr.,
of the circuit court. The plaintiffs
were oeorge H. Williams, Cleveland
Rockwell, Perry Hlnkle, Henry W sin-
hard, H. C Leonard, Ella, C. Durham as
administratrix and, George H. Durham.
The case haa been in the eonrts of
the state and nation for six yenrs and
was of deep interest (6 the bankers of
the United Statea. because it involved
the legal question as to whether or not
the, board of directors of a banking cor
poration were empowered to call for an
aaaessment against the shareholders.
Plaintiffs contended that such authority
rested solely with the stockholders and
the courts auatalned their position, hold
ing that the assessment which was
levied In this Instance waa a fraud
against the owner of the stock. .,
Status of the Case. .,
. Wells Fargo A Co. purchased the ma
jority of the stock ot the Commercial
National bank, then existing In Portr
land, after which the capital stock was
Increased at the suggestion of Wells
Fargo e Co. front $1150.000 to 1500,000.
The bank waa - administered, by Wells
Fargo A Co. for several years, until the
fall of ISM, -when at the suggestion of
Wells Fargo ft Co. the board of directors
of the .Commercial National bank
adopted ,a resolution requesting the
controller of the currency to call
an aaaessment of 150 a share, which
amounted to 1260,000. a
The Portland . stockholders, among
whom 'were the plaintiffs, protested
against the assessment, claiming that M
was a scheme of Wells Fargo Co. to
freese them out.' The resolution1 of the
directors, however, was sent to the
controller of the currency snd he noti
fied the bank to make the assessment.
The board of directors met and levied
the assessment. The plaintiffs In this
case refused to pay it, the stock was
sold and Wells Fargo A Co. bought it
Shortly after thla stock waa sold Wells
Fargo A Co., being owner of "practically
tha entire stock issue, liquidated the
Commercial National . bank, taking over
the entire assets, which- amounted to
11,600,000 face value, and commenced
business under (he name Of the Wells
Fargo hank. ... .. . i . .'
L0CAL0PTI0N
JOKESITfS
""!V ' -
CAHI1 0D k M P0C Hidden
in uuuumi tunuL
id ncpincn
10 ULUIULU
(Continued on Page Two.),
Nice Pair of Dromios
BILL SO
ONE LONG LAUGH
Points In Proposed
j'- ,
Amendment Which Liquor
Dealers Are Urging.
TRICK TO COUNT BLANK
VOTES FOR RUM CAUSE
Wholesale K Selling in Prohibition
Quarters Permitted by New Meae
ore Double Negative Destroy the
Meaning of One Vital Paragraph.
Tha liquor dealers of the state are
aeeklng to secure an amendment of the
local option law, professing that the law
Is unjust In its operation and that it
does not give real local option. A, bill
amending the law la to be submitted to
the voters at the general election next
June, for .enactment by means of the
Initiative, providing the necessary num
ber of signatures Is obtained, la the
mean time.
The conspicuous features of the bill
are, first, tha substitution of precinct
local option only, for local option by
group of precincts or a county, as pro
vided by the present law: and second.
the raising of the number of vetea neo
esaary to call a prohibition election from
10 per cent to 10 per cent. Advocates of
the bill direct attention to these two fea
tures, and other provisions have hith
erto escaped publlo notice. They cer
tainly deserve consiaeration. -
A Wholesale Joker. '
Under the present law when the ma
jority or voters in a aistrict nave voted
In favor of prohibition., it shall there
after -be unlawful to sell or give away
intoxicating liquor within the district,
either In large or small quantities, ex
cept for sacramental and medicinal pur
posea. Under the proposed law only
the retailing of liquor- Is ' prohibited.
and Intoxicants may still be sold and de-
forlllvered by wholesale after the majority
of tne voters have declared themselves
In favor of prohibition. Absolute, pro
hibition of the liquor traffic would
therefore be unobtainable trnder the pro
posed law. .
A second change whloh the liquor deal
ers propose i to make Is strongly sug
gestive of a trap. Under the proposed
amendments, the question whether a
precinct shall be "wef or "dry" shall
be submitted to the voters only, at the
time of a general state election. Expe
rience has shown that a considerable
proportion of the voters who go to the
polls will vote for only, two or three
ortloee and will leave the remainder of
their ballot blank. In any precinct
where the prohibition Issue had been
raised it la safe to say that there would
be a number of ballots' which would
hot be marked either for or against pro
hibition. Yet the liquor men's bill pro-
.(Continued on Page Four.)
FULL OF
SMART SETPROVED
' EASY MARKS
Four Hundred Mulcted , Out of
Thousands for Privilege : of
. Being in Fads and Fancies
(Spedal Dlspetea by Leased Wire te Tie JearaaD
' New York, Deo. 1. "Choke I'era and
take It away; they das sent yen," is the
way "Chuck" Connors would describe
the methods revealed In polio court
today by. .the topmost members of the
400 wno were mulcted of thousands of
dollars for the-privilege of appearing
In that triumph of f renajed literature,
"Fads and Fancies."
Mr. "Chuck" as yet haa Issued ao of
ficial statement, however, on the evi
dence pro and con In the. suit for libel
brought 'by Colonel W. D. Mann, pub
lisher of Town Topics, against Peter
F. and Robert Collier and Norman Hap-
good. . Among other things heard was
the following section of a letter:
"General Fitzgerald la a very pompons
and vain man and very - rich , and I
think if approached in the right way
can be, captured. You did not go to
Boston, but Thaysr Henry baa Htgglna,
and H. K. Blgelow ought to be a good
victim.
"Spencer Trask of this city Is rich
and vain. You must fKjunc on William
S. Cromwell the mlnut he returns from
Paris. "
"Neldrlnghaua of 8t Iuls was at the
Waldorf-Astoria yesterday. He la the
great tlnplate manufacturer: very rich
arid a very -able man, Go after him.
Bernard Baker of Baltimore. If you do
not mention Dr. Emerson to him, and
If you .do show such men as Grtscom,
Morgan, J. M. Woodward,- Pembroke
Jones, etc., I think you can get him,
notwithstanding he declined it"
- Colonel Mann skid "he might have
written"' the above bunch of gentle tips
to Mr- Wooster, the subscription agent
for "Fads and Fancies." ' . '
Perhaps the moat Interesting revela
tion of the day, however, was that Jurf
tue Joseph Deuel of the court of spe
cial sessions of thla city Is the ownef
of "Fade and Fancies." "- i
Colonel Mann, testified that he owned
only one share of "Town Topics" stock
and that either Justice Deuel or Mr.
Deuel owned SO shares.
'Fads and Fanciea" was printed by
the Town Topics" company. Other let
ters purporting to show that Justice
Deuel was 'interested in the success of
Fads and - randes" war read by . the
attorney for the defense. Among them
was on alleged, xo h.veJbeen written by
Justice Deuel and addressed to Mr.
Swindlers Borrow Large Sums on Spurious
School Land Paper Bearing1 Imitated
- State Seal Signature of W. H. Odell i - :
INVESTIGATION BY
OSWALD WEST
Capitalists investigated Lands, and Paper,
Found Both Apparently AH Right, Then
7 Had No Hesitancy in Making Loans
Wholesale forgeries ' of state school
land certificates, whereby eastern bank
era have been defrauded of Immense
sum of money, have been unearthed by
Stat Xand Agent Oswald West. 8.
D. Puter and Horace a. MoKlnley, who
were, convicted only a year ago In the
federal court oa the charge of conspiracy
to defraud the government of ' public
lands. . were the central, figures . and
moving spirit in the extraordinary op
erations which have now been brought to
light..
By duplicating genuine school land cer
tificates Issued by the state board, coun
terfeiting the signature of W. H. Odell,
tsw-eormor clerk ef the land board, and
the state seal, the swindlers were able
to borrow largo sums of money from
bankers in Wisconsin, Minnesota and
other eastern states, using tha counter-
felta a collateral.
One of the chief victims of the fraud
was Hiram Ooddard, a lumberman and
BttTfinyrTrrr rToase, wecuiisiii. huh
McKinley native state. Ooddard has
already forwarded to the state land agent
forged- svrtlficates for nearly 7,000 acres
of school lands, oa whlcb"ne loaned a
large sum ot money. He Is supposed to
have still more of the forgeries in bis
possession, though full Information on
this point haa not yst been received. H-
M. Delalttre, a Minneapolis banker, waa
another victim and holds a number ot
the counterfeit certificate.
rorgerlea Were axoeUeat,
Extraordinary ear was taken in mak
ing the fraudulent Instruments corre
spond as closely as possible In appear
anc to the genuine one. ' The forged
signature of W. H. Odell, the former
clerk ot the land board, la so good an
imitation that in soms eases be himself
has aot been able to distinguish the
spurious from the genuine. But there
are evidence which clearly show , that
the certificates are counterfeits, aside
from the fact that they are duplicates
of genuine Instruments, .covering , the
same land.
As yet la impossible to estimate the
extent of the frauds, for hundreds of the
bogus certificate may be scattered
through the bank of the eastern states.
Puter and McKinley usually employ
agents . to hypothecate the paper, and
appear to have been careful to hid their
own tracks aa far aa possible. The name
of other person who were concerned
with them are in the possession. of State
Land Agent West, though whether these
were accomplices or merely tools cannot
now be stated positively. Some of them
figured as codefendants with Puter and
McKinley in their trial last year. One
man who placed large numbers of the
forged certificates in eastern banks left
ATTEMPT Oil LIFE
OF PRESIDENT
Missile is Hurled Through Car
Window at Man Who Re-
sembles the Executive. , t
(Special Dispatch by leased Wire te The Journal)
Washington. Dec XT What appears -to
be an attempt on the life of President
Roosevelt by some unknown person oc
curred today while the president's spe
cial train, waa speeding through ' Phila
delphia. The train waa whirling along
at about SO miles an hour, bound south.
f when there was a crash of glass and one
ot the windows of the coach waa smashed
with a loud report, and a dark object
aDoui ine . sue oi- a pound shot was
hurled Into the ear. landing upon the
other aide of the vehicle -,
Sitting at the window through which
the mlsailo sped waa Webster Haye. son
oi tne iai president, and who bears a
striking reeemblance to President Roose
velt. -
It Is-thought that tha person who hurled
the missile mistook Hayes for th presi
dent for,. Jhl reason. ...
Th missile was a. great lump of lead,
which had .been fashioned seemingly Into
a alungshot or blackjack. The train Was
not stopped. ' for the attempt had fnr-
tunfttelv nnt liAn fn,t linnn th. riKurt
dent's oar, but en In front , - ,
LAND AGENT
EXPOSES FRAUDS
for , Canada about two nionths ago and)
is now in the Northwest territory. be
yond the reach of the state authorities.
Znnoeent May Yet Be Caught.
- The most unfortunate feature- ef the
business is that it la utterly impossible
to ascertain the number 'of bogus cer
tificate that are now afloat, or to warn
the public adequately against them, ao.
that many Innocent person may yet be
Induced to loan money on them. - The
state land agent haa written to some of
tha bankers known to have been victim
ised and ha urged them to commence
criminal proceedings. Inasmuch as the
frauds were-committed outside of thla
state it seems that the Oregon,. authori
ties are powerless; to proceed against
th swindler. . ' y
Th method by which th frauds wer
accomplished waa simple and th risk
of Immediate detection was almost nlL
Bute school lands war formerly soil
at $1.25 an acre, payable one-fifth down,
one-fifth In one year, one-fifth in two
" mnA twn.firth. -.1.1.
Interest ot six per cent Large buyers
of school land usually prefer to make
only th first three payments, letting
the last Installment run at six per cent,
since by so doing they escape' the pay
ment of taxes on the land. . Tbey do not
make final payment and take their deed
until ready to dispoae of the land, for
so long as tlUe remains In th stat
the land cannot be taxed. -."
Easy t Oet XJata. -Lists
of school lands which had been
sold and on which only the final pay
ment of (0 cents an acre was due. were
easily obtainable at the state land of
fice, where the records are all open to
th public, Oswald West had not been
long In office when his attention wait at
tracted to the. fact that Puter and Mc
Kinley wer having numerous list
copied from the records, but though hie
suspicions wer aroused he waa not then
able to discover their purpose. Later he
learned the nature of their business. -
Much of the school land Covered bv
these outstanding certificates contained
valuable timber and was worth far more
than the price asked by the state. The
real holdera wer content for the moat
part to wait for the still greater value
which th futur will bring, and ao there
was little danger that the genuine cer.
tlflcate would be sent In to the land
office.
Procuring a genuine certificate, the
counterfeiter caused it to be photo
graphed and a slno etching was then
made from which print were struek
off. These prints bore an exact fae
simile of the signature of W. It Odell,
the former clerk of the land board.'
But there were some points in which
(Continued on Page Five.)
CAfl'T FORCE THEL1
OUT OF SENATE
Piatt and Depew Deny That
They Have Any Intention of
Resigning "Their Seats.
(Special Dtopetck by Leased Wire Id The Jonraal)
New York, Dec. i. Senator Chauncey
M. Depew, on th eve of leaving for
Washington. D. C, this afternoon, de
nt. Hi that he fd resigned from He
United Statee senate or awntemplated
doing so. t Mr. Depew waa told of a re
port to th effect: that he had resigned
and kald: ,
"There le absolutely ne foundation
for the report There Is no reason, log
ical cr visionary, why I should resign.
I am going to Washington' now and will
take any sat In the senilis nest Jinn
day ami hope to sorve out my term."
Since the insurance dlsi-louree wild
regard to Senator It hue bn
repjalcdly reported that he wmild re
sign hi seat In the senwie, but hi
friends have always maintained that he
was nol th men te retire under fir
HIS 6W0 denial today, hver. I te
first authenlio declaration upon the
subject.
- Senator Piatt of Kew Ymk, hi
'ed today concerning the ri"rl
he.-intended to reiu his sc.it in ie
ent,-rpil: '.The Teiort is t tif
surd te deo."
.(Continued on Pag Two.)
"'I I ' -' "
'7