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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (Jan. 16, 1906)
. . J - - e . '-e r v iu;: in 1 l' ::;:w op dim dose e r--- r-- - ---- a . m-t A IU.Ibj"li.! w mm ) , . . f 1 STiiciStiiE" '-'" e - . rv "'' ' ljbilu"'u'...iip -fo.ni.Er roEiiao up CR0SSEba:IliE-fi0Ei1rDi:iE" 5 'V yU-. Merchant Prince of Chicago Cuccumbs to an Attack of Pneu Nations of the World Gather at ' District Attorney Reames Claims Report of Special Council Com Oregon Senator Speaks in Sup After Thirty Yfars Cervlce Re- . monla at the Holland House, New York, the Result of Cold V fi'gh Wh Playing Corf on New.Yeara Day. A. " That Jasper and Dora Jen- - I mittee's Inquisition May Ba port of His Amendment , .;...Jto ' Rate BKU ) ' T ' ". . signal as Sscretlry " of University Re-nt. Aftclras to Discuss Future Foreign poSrCXr-- nines Acted Together.--! v-3 Postponed Again "r Arft Ul ...UaUliliU : ; FINAL. ARGUMENT HEARD " BY CROWDED COURTROOM laaper Telle Straight Story on the -r Stand '' Which" Crosa-Examination i Does" Not Shake Theory of Col - jeaai tkfaMth te Tha Jaareal.1 Grama Pass. -Or.. Joit.l,- Nearly all! tha morning session of court waa stj he took -Into solid chain. 'TMr.- Reames torn -the Jury that It waa a case both of circumstance-and fact, and that every ln cldcnt connected with the crime, with one exception. Was admitted".-'-'.'''.! -- ' "Everything is known." ha stated, ex- k, MMmlttJMt fha AbA and - he went- on to show how the testimony i. . .. .. r.tm .f . i.MiiL eatlon prove that Jennings was mur- dared by Jasper and hla sister Dora. Being premeditated. eod-btxied spur - doc. Heamea osulloned the jury againai returning any verdict other than that f acquittal or murder In first degree, ' Jteamee said: - - - . ' ', w -..a -v.-? v'.- ."hsT'Joer tU l?! tS'.t!L,K! he possessed, - but' "would also- get his wood contract. 1 Blnce hla father was ftated by ; Dora, the boy had no 'B"J in provuni wnn . ,v - - jointly. Thursday. September 7 ws. the day chosen. .That evening the boy , went down to see his glrk seeking' this mafknjt f hla ahllltv In nrava an olthL . -When be returns -at midnight Dora proposed trip to Mexico 'unttt Thursday ta- waiting for him.. He had - already and another postponement may be neces hMihi the rlfl. tn tha cabin.: Me tied If the report la not ready for up hla horse to the big fir log by the presentation to the-eitr council tomor i an hit. 1.1. .later holds row. He U giving the matter careful the lamp he frred the shot. When found, the bullet had Hair on it, which proves that the eld man was lying fsr ever Ills side, and waa shot in- the back of the bead.,. The, body, was turned over anerwsrd. .They then took the lamp and searched la the brush around the cabin for the money the old man had burled. This w the light seen by the two miners operating the, hoist at the Oranlte Hill mine. "Jasper went to his cabin, carried the rifle with him. setting it In the corner: but -next day,' when he And s that the u cajlbre of the bullet baa . been deter-1 mined and that be has the only gun or that calibre tn camp, he goes to the cabin while hla bunkmate la away and fact, however,-that MaUrkejc will p re al eals It out, biding It In the brush, , ' I pore the reoort and all the committee . .The man- and . the. women who eocu- pled -a bouse near by neare nim unioea the eoort nearene wsuuu " - xau, neara mm , wi m wua uau- Uin wtu J. - -Jper hss ld " ' hlf "f He did not arise tlU about T, and that be went direct to the cookhouse. Again no weni oirw: JT.t i. nd later he admitted that he stopped f t hla father's house to get a bottle of ' nil. and that he did not know whether Dora was up or not. Befeaee ta ArgvJng. "As a matter of truth, Dora, wis up, I and the two held. brief consultation as I on the part of the It Republican mem to what should be done. - He knew the I bera of the body. ; I , old man waa murdered, and who bad done It and he and hla sister met to decide what course tbey - should best 111 f a nfeaat auanlriAn.. i-. . - H. D. Norton is arguing the case foV the defense , this afternoon. ; It will ; reach the Jury before tonight, or poe- albly not till . tomorrow morning. A - new venire haa been Issued, and those called are arriving today to be heard as Jurors for the trial of Dora Jennings. 1 Jasper was on the stand nearly all : tof yesterday afternoon and was led Into complete recital of the crime and its . aftermath by ihe attorneya. ' His story -- given te- the- lury,- in answer - to- the ' euestions of the attorney, waa as fol ' Iowa: j .- j.-. " : ' "I hitched up my colt late In the aft- - moon and drove the -cart over te the . Oranlte Hill cookhouse. I put some sup- ' piles In the cart and stopped at the . hoose, leaving them with Dora. Father waa there, - but -I ' only spoke a few A words to him. He had been to Grants .'; Pass, had been drinking, and was in a bad mood. X took, my-overooat down ' from a nalL where It was hanging, and then drove away. " -I reached the Roberta pUce early la - the evening. I had been In the habit of - celling on Miss Blanch Roberts, Just In e social way. I apent the evening with the family. The girl and I were alone V during no part of the evening. 1 left .' them at hult past 10. J did not stop on the way back, except to let down the - bars when I turned off the mala road near the mine, to cross the field past , my father's house, and to give the colt ' breath climbing the steepest grades. I followed . the road near my father's i--' bouse end. passed close to my cousin's sk..-csbln. v n' 'V ' v: V '', Arrival ' at Oabtau . "t tied up my colt end went Into the ' cabin occupied by Harvey and I. Har vey was asleep, but woke .whau -I ceme twWhile I wiuT getting feed for the colt .front a sack In the corner of the room' ha ssked me about some writing paper,, saying he wanted to get up early '. end write a letter next morning. 1 told bint where ha could find the paper. Then be went beck te sleep. I soon re turned and went te bed.' We occupied the same bed. It la narrow bed, and . eete near the door. : Harvey . is not a keevy sleeper, and would hsve awakened -r e-1 -gotup at nyttaie ot the v night.-.. -. .... "He was up' and had hla letter writ. .ten. whea.Xe.woka jiaxt mornlos. j gat , up with the 'wake-up' whistle Of the ' mine mill, and we went t breskfasf. - After breakfast I went to the Woods to work. My partner and I- had felled a ' tree . and t was 'swamping' the brush when Dunlap ' came running out and ' called te me from the bottom of the bill. Tour father la dead, Jasper.' said be, 'bete shot; be was killed In bed.' "I went at once to the bouse.-' When X arrived several people were there and trt the room besides my sister Dora and IrvIna'aB Duchu WafW - Are e tree reedy for sit Kldsey meessre, trea Its aaaat uHamle farm ala la the seek. a ! worat sn dasseian eeadltiae 1 ml t IHaaasa, W SMI II wars we ssr .r will eur re sad wmM snt ear II 1. wsu Is It ec our. knee leda ef their rem teal mmmti slBMSt bos1mm. Setd at k - ae m w, fiaseisaa, lsi f a ee ageate ferletMa4, Or, DELAY IS LAID TO ATTORNEY MALARKEY 'V He JIaa Not Had Time to Prepare I ' the Report, It la SaidIf Further 1 Postponement la Effected, It Will BiorPolitkaLHeaaor Another postponement of tha report of the special council-commute "which conducted tha recent .Inquisition against 1U' niinllnal elvfl' mafvIo rammtiilAn rwliMione - wss- -wse-w wserwsss j-s ss, waa - tiol the affairs of the present adminis tration. , - .. -; . If any postponement ware taken It would b without any Just and plausible excuse.' and only ' for - political affect. Toe longer the report 1s delayed, tha jnore dissension and dissatisfaction will I be created In the. police department. The political rivals of Mayor Lane have been Sowing seeds of discord . In the 1 ranks of the patrolmen and ea attempt use mvth msua vw iisjb vn vanillism look upon Captain Brui as a usurper who has no right to his position." The politicians know that as soon as the report is made law and ' order again tb- three' w-ks haW P.4 W to'be' duV.u".'n rUai'arwbo was unable to spare time to compile the document.-The committee could not be tniated with the work as the members w(r incompetent front a poll .00 I x. . . . I oonslderstlon. s. it is the purpose of 2" .""" .u "T r ...V 1 trailoa to ue the document for political Purposes. . Yesterday eraoon members ""ZJZ J?iJ Ignorance pf the report or what It would J"' JAnJ:'i-imhLt ,f0,?f ?, fttt 'i " .aaM S.a0 Bewlngv but it to said that neither of 1 .i.,..,... V... . ,w. ter entirely- out of the hands of tha I committeemen, who simply do the bid- dine of their leaders. They do not like I the Idea of having -to submit to others compiling Xh report, and yesterday one I member denied - that. M&Urkey- was I framlnc the document. ' It la a known L will be asked to do wUl be to sign their 1 namee to it. I suttee Dose lot Oomaollmam. After the concoction has been pre- Ifaml hv Ualarkaa and ilmal k. I mmltte. it will be admlniaterid the to the city council. It' will be a bitter dose for several ntembers who do not sj- together spprove Of the antagonistic nr ,Z tmM.t uniiti-i.n. i.rA Mayor Lane, and it le anticipated that some of them wUl balk. It Is said that every ruse known to crafty polltlclana will be brouxht forth by Malarkey and his constituents' to prevent any revolt One Republican member aaJd yester day that he did not approve of the attitude of several of his fellow -members of the council, and would oppose with might and main any report that would deal unjustly with Mayor Lane, who, be believed, was doing; what he thought beat for the city, , ( - -t the 'children. My father was, lying on his right shoulder and Side with his chin tilted up end his head cut open. . .., Coroner Finds nlle.' "During .the Inquest and the examina tion of the house and bed Constable Randall foueV4ft bullet that billed -ray father.' He found It among the feathers of the pillow. The bullet was examined by the-coroners Jury and pronounced a -!(. - Then they asked me If I had a Zt-SI rifle and I told them no. They inquired if there was such a rifle In camo. but none could be found. I did not tell them 1 1 had a 10-e rifle be cause they did not ask me. Finally It waa decided that the bullet waa n S0-S0. But the dlscoTerywas not made. till next day, and then they ssked me if I had a S0-S0 rifle. - I told them I had. They wanted to know where it was and t told them It was In my cabin. "We looked for It but It was gone. "During the week following that Sun day my sister Dora and I . and all the children were brought to town and Interviewed by the district attorney. ' A few days later Dora and I were arrested. We were both put in dsrk cells, but Does, was taken, after two days,, to Jacksonville.'.- I was kept In n dark cell here for several weeks and only taken out when the -district attorney wanted to Interview me. I signed a number of statementa that were offered me: I asked for en attorney, but none was given me." 1 '. , ! Jasper was on the' stand for several hours and at no time gave any evi dence cf he fnteue mental etrain under which he must have labored. ' The horri ble details of the finding of hie father's body he told without emotion. A slight smile of confidence and hope lighted his features when he took--his seat be fore the Jury. -His recital waa straight forward and he could not be entangled by the crossfire of questions that were hurled at him by the state's attorney. : Two thirds of ths audience that Jam the courtroom are women. Every foot of -standing room-Is occupied and many women are seated ' inside the railing about the lawyers' circle. When young 1 J ennlrigs-look ,lhs.atsnd..J.hawoma of the rear seats who could not aee by alt ting stood up and remained standing tha entire time the boy was before the Jury. The court bailiff Is frequently required to clear the central a tale to .make a pas sageway for the witnesses na they are called.' . - - ".--, ,,' f, - ; WITH NINE MEN NEAR U. m BURGLAR ROBS BAKERY i While nine mMa were at work In the rear of Ahe Butternut bakery. 171 Front street, last night n burglar " with a screwdriver .removed ths lock from the front door, unscrewed the cash register, stole II. SO In money end numerous other articles, and then made good his escape. lit fAAk WltK klM . 1 . . ........ Il . I- - - " - " .... ....a, 1.1,1 MI...V V, cakes and everything he could carry. It was one of the boldest burclarlea that I baa beeo reported te the police. , , '' - - MIUl RsSrfsl SeTrlee.t New Tork, Jan.. 1.--After, lingering between Jlfe and twit lor tne put . hours; Marshall Field, multi-tnUlloneire merchant of -Chicago, died tbls after noon from pneumonia, aged TO.1,. The Anal illness u the result or a, cold which he encountered on New Tear's da .: In playing golf. Tha cold de veloped into pneumonia and eight days ago his condition waa pronounoad seri- fwawuulf vwaauaimamil te -the house, who "0F"JL" rri. J!"'J"i,.eB4wlth snashlae-llkepsoclgU.il. bet clave rt For The last 31 hours MrVFleld was unrnVMted u, savings. He early became ensotousr i XarshaQ riald's Career, ' Marshall Field waa one af the wealth' lest men In the world and hla eatate la variously estimated at1 from 1100,000,000 to I2S0.0O0.O0O. He waa the largeat taxpayer tn the city Of Chicago and it is asserted the largest Individual taxpayer In the world. Mr. Field d!-rot get a very early start. He waa born August J, llli, on little farm near Conway. Massachu setts, where he spent bis boyhood daya. He cornea of aturdy New England stock. When he waa 17 years old he -went to work in a country store. ' Later he went to Pittsfleld and "there began hla up- waiu ulluib. " 1 "" At tha age of 10 he. went to Chicago, where he found employment with - the Arm of Cooler, Parwell Co a lead ing -Wholesale dry goods house. For two years he worked as clerk when he was promoted. In 18(0 he waa made a partner.- The civil war furnished un excelled opportunities for the growth of- the Arm. and '.when It waa reorgan ised in 1 SOS, Mr. Field became senior partner, his business -associates being LVL Z. Letter and Potter Palmer. The . new . Arm waa Field. . Palmer Letter. Two years later another change took place Mr. - Palmer - retiring and from that time until 1SS1 ,th4 house grew Into-one. of the largeat establish ments In Chicago under the ' name of Field. Letter Co. In that year Mr. Letter retired, and since then the bust-; ness has been conducted under the name of Marshall Field Co. 1 -' ' Xoe la Orea Fire. With others :jlr- Field lost heavily In the great Are of 1171. The loes 00 his , store : amounted : to . IS. 600.000. Eventually t,0.000 Insurance was collected. He reopened the buainesa la HADN'T THE HEART TO ARREST- - WOMAN WHO Patrolman Sloan went te the home et Mrs. Jane Renlcke, ftO Fifth street. South Portland, this morning, te serve warrant for: arrest.-' She la charged with assault and battery by Hymen laraeL :-. '.".. ; . . ' A' half Tioar laterThe-ToUceman re turned to the station still In possession of the warrant, which he handed ever to Captain Moots, 1 "rraDtaln." he said. "X have never neen charged -with neglecUntf my duty, but I will "respectfully have " to ask TOO to get some', other officer te serve this paper. simpiy can t oo "What a tne iTOUDier- inuuirea. me captain. ' --' - - ; - "Well, that woman is - sick in oeo. In the name room with ber were four or . five little children, J looking alf IISIHITS LIT FIRST DEFEAT "1 Opponents to Administration's iPhiHpplneJfariff VJ: Given Rebuke. ', " " Moarsal SDeclsl lerrtes., - '' Waahlngton, Jan. IS. ChapUIn Con- den tn a prayer before the bouae today paid tribute to Captain . Castro, who aaved the lives ef passengers on the Cherokee nsbore off the Jersey coast recently: 1 ' ' ' ' The consideration or the Philippine tariff bill eras continued. 1 . The f Republican Insurgents against the Philippine tariff bin ' net their first defeat thia afternoon on two amendments by William Alden Smith of Michigan. The proposition to mane tne new tariff on sugar and tobacco 00 In stead of II per cent of the.Dingley schedules end to strike eut ths pro vision for absolute free trade after April 11 -waa defeated Of a vote or f 1 7S. . - ; ' '-;' "V. - Tha amendment ' proposing self-gov ernment te the Philippines, "when they shall have demonstrated . their - fitness for self-government," was lost Tha digging of tne Panama canai wiu be done by contract. The president and commission nave - flecwea - tnai - tne formal announcement will be made in a few days. The work will be done under supervision of tha commission s engi neers. Attorney-oenerai jnoooy nas oe elded that the Bpoooer law permits the action. . The law nutborlslng the canal leaves the method to the discretion of the president and the commission,-. AUL RADER CHOSEN ' f: VICEDReGeirTUFTS At a meetlnc of the board of trus Tees of " the' Antr-Baloori" league of the state yeaterday Paul Radar was elected superintendent - to succeed ' Dr. Q. L Tufts; who haa held the oflloe for the past two years. The "antUr" are pre paring for aa active campaign agalnat the saloon-keepers' bill 'n Oregon. , Mr. Bader la a prominent Congrega tional minister and a eon t Rev. D. L. Rader, editor of the Paolflo Christian Advocate. '' - . v - - - v. i The trustees believe they ' ere well equipped for the coming battle, 'with Mr- Rader ee 'superintendent end C N. Van Pelt, recently from Ohio, ea the attorney for the league. Plans are be ing made for a campaign of exceptional foreefulness. ' ''WUl entertain Seedy Cine.' c ' Mrs. P. W. Stewart of 171 East Bix- teentii street w 11 entervain tne Illinois Study dilb on Wednesday, January St, at 4S:Jt p. m. - the old car-barns at State and Twen tieth streets,, two miles from the burned retail store. - Workmen ' at enoe began work and soon the . building, -which for : SO years was a retail department of the company, waa reared. Five years ago the Impoa Ing addition which now forms ths por tion of the structure -was erected and at present another addition Is being built - The present business done by the urm is esutnated, at. 170,000.000 an- nuKiij-. -Marshall wtelit-not onlv made monev one- of the large stockholders of . the Pullman company, of the Chicago Northwestern and other railroad prop erties. He early got start ae a real estate Investor and was at hie death tha laraeat realty owner In Chicago. Marshall Field was a marvel to ma competitors. He ' sounded no trumpets. but ouletlr eave large sums to charity, rellstun end the arts ana sciences, ho gave Ita elte to the university or uni' caga His greatest gift to Chicago waa tha Field museum, whlon wnen com pleted will -cost 810,000.000.. : Hs con tributed vast sums to the Improvement of Conway. Field's Business were the, following: -- - jsever 10 nvi ar w Never to bur n share of stock on margin, i- r . , Never -to epeeulate , . ,,''.-'-'.' T Never to borrow. ". ? u ;y t. Never to give mortgage.', ;-tf To do business on cash basis, ' . ; To sell en shorter time than competi tors. - To sell the aame grade of goods for smaller d rices. 1 t-, . 1 Mr. Field's first wife was Miss Mamie Scott, daughter of an Ironmaster of Ironton, Ohio, and Mr. Field married her In 18(S. There were two children. Marshall Field Jr.. who- died recently, and Ethel Field, the divorced ' wife of Aitaur rree,, now Mrs. tapiam eay, the wife of en officer In the - British navy, who resides -In England. Marshall Field Jr. had two children, one of them, Marshall Field III, being the pride of his grandfather.: Last September Marshall Field mar ried Mrs. Delia Spencer Caton ln London, who for SO yeara had lived in a house sdjoinlng that of ' Marshall Field ; on Prairie avenue, Chicago. , LAY SICK IN BED starved, who'1 huddled close to thetr mother's bed In fright at the sight of my uniform and gased appeal lnglyat aaax------ r-r -W r- - - "Then the woman looked at me so pit eously that I simply didn't have the heart to tell her that I had come te arrest her. I guess I must have choked up little It waa meetly the eight of those kids -clinging -t the sick women for protection because 1 had-mntTin! form that hurt me eo I told her I had heard she was sick and bad come te Inquire' how she wag progressing.1 " '"Then she smlfed and told me she felt pretty sick, but thought she would soon be better. So I told ber I hoped so. ana waixea out. Cfcplaln Moore tboughThard e second: then he Indorsed the warrant. "Woman sick ln.bed," end filed It away. L1IUS C0L1E IlTOCOlTS Eleven '' Leadings City .Pastors iVolunteer iolTestify In tha ' A? Richards' Hearing, H : That the trial of T. L Richards, pro prietor of Richards restaurant. . park and Alder streets, on the charge of con ducting a disorderly bouse,, will prove most Interesting Is evidenced by the list of witnesses to be subpoenaed, .placed in thslianda of" Frank Henneeey, clerk of the pence court, by 'Acting Detectives Jay and' Jonea. . " -"" Eleven ministers of the 'gospel noti fied the police: this morning that they would appear voluntarily and teattfy as to-the reputation of the restaurant and adjoining bachelors' - apartments. They will not be subpoenaed. - These preachers are: Revs J. Whltcomb B rougher, E. U. House, . Edgar P Hill. F. Burgette Short, Andrew J. Montgom ery, Elmer L Muckley, Stanton C. Lap ham, Clarertce True Wilson, E. N. Allen, A, W. Wilson and W. T. Kerr. . , Many subpoenas have, been or are to be served, according-to the detectives, for witnesses, among whom are a num ber .of prominent '-men ,, and several women. - -- 'A ' . 7,v.' ' Through his counsel, Alex Sweek and C M. Idleman, aa application waa made to Judge Cameron at -noon today by Richards for a Jury trial. A venire "tf IS men waa Issued by Judge Cameron and placed In the hands of Chief of Po lice Oritsmacher for service. - The trial will take place tomorrow morning. .Immediately after the case of Rich ards has been disposed Of that of Lee Chandler, a waiter, who haa charge of the bachelors apartments, will be taken up. Four pei sons -fotrnrtnthe reruns ant boxes the night of the raid will be tried lest .. v , .---.- . . f - . , ENTIRE COUNCIL OF .at , WORKMEN ARRESTED j'','- .'VjeerssI' Sseewl 'tWvles., - SL Petersburg. Jan. it. The entire council of workmen, IS members, were arrested laat night charged with being revolutionists. . . . -. sir. OAwjuna . H. stABrar, out. s. Of - Wayeny. Tetaa, wrltest "Of a morning, when first arising, I often -find a troublesome collection of phlegm, which produces e cough and IS very hard to dislodge; but a small quantity of Ballard's Horehound Byrup will at once dislodge it, and the trouble la over. I know of no medicine that. la equal to It, and It Is so pleasant to tare. I. can most cordially recommend It to all per- MWdln-'B medicine for throaf or iung trouble?- Bold by Woodard, Clarke WILL SUPPORT BILI, ; IF NOT; AMENDED Wants ileaaore te Provide That Court Shall Determine What Max Imum Rgta or Charge Would Be Juat Reaaonable Special Mspetch te'Taa Jeuraal.) Was Ulna; ton, Jan. II. Senator C W. Fulton addressed the senate today In support of his amendment to the Inter state commerce act..' emending the- Dol llver rate bill, directing the court to determine what would be a Just and reasonable freight rate and to modify by decree the ordera of the interstate commerce commission prescribing such rate. - TUlto called the attention of the senate te the several hours' discussion being participated In by leaders on both sides of the chamber. He said. In part: I do not intend to discuss all. the provisions of the measure to which this amendment is offered.- I am content to state that In Its essential features the bill has my approval, and even though it shall not be amended, ae I believe It should be -tn at leaat one particular, 2 expect to give it my support.. - I have offered the followtne amend ment,- te- which' I now deelre te Invite the attention of the senate: -. , " "Provided further, that whenever any such court shall find and determine that- a maximum -rate or charge pre scribed by. the commission Is unlawful. It shall be the duty of-the court to ea oertaia and declare what maximum rate or charge would be Just and reasonable and te accordingly modify, by He de cree, the order of the commission pre scribing such rate or charge. The or der, ae modified by the court, shall be certified to the commission end shall be by It entered of record and ehall there upon stand ' es ths order . of the com' mission until suspended or modified by "Under the law . aa It now stands, when complaint Ja made to the' com mission against the reasonableness of e glvsn rate, the commission Institutes an investigation and. If It considers that tha rate charged Is . unreasonable ana unjust. It notifies the carrier to cease exacting It, but all tha commission can now do is enjoin exaction or the par ticular rate which the carrier has made "It is therefore to the situation that will result from this bill ln such con tlngency that I desire particularly tn lavlts . attention. 'i'ne ' 01 u eutnorues and empowers the commission to sub stitute a reasonable and just rate ror one It finds, after Investigation to be unreasonable and 'injust. - it contains no. prevision whereby the carrier, - if dissatisfied, can appeal 10 tne court or have the order of the eotnmiasion re viewed. ' T '-,- if v. "Ae the bill stands. the commission may engags la n long and complicated Investigation and In -the end establlah e rat It deems reasonable end 'Just but which the court may enbsequentlyset aside es being confiscatory. I propose that when the commission ah all estab lish a rate and the carrier shall appeal to the court to enjoin its enforcement. and the court shall hold that the rate la confiscatory end hence cannot be en forced,-It ebelt be the duty-ot the eourt to declare what the reasonable charge for the eervioe In question is, end then It will become the duty of the commis sion to adopt .that rate and put it in foree.": ' - - ' , ,: .. .- "The extent to which' a. eourt may go In regulating the future relations be tween shippers and carriers, when authorised JQ to do. Is well Illustrated by the late case of United States ex roL Klngwood Coal company vs. West . Virginia- horthern - Railroad - company (17 CCA. SSO). The Klngwood Coal com pany was engaged in the business of mining and shipping coal, es were else the Irona and AtlsnUe coal companies, all three located In a certain district The defendant railroad - company wee not able to supply ell of the coal com panies with sufficient, cere to take their entire output, and hence it distributee them among the three eoeX companies, allotting to the relator IT per cent to the Irona company II per cent and to the Atlantic company 17 per cent. The relator, the Klngwood Cost company, petitioned for a writ of mandamus to compel the , railroad company to allot (O 11 van it conitDuni was na just proportion ef cars. vis.. SS 1-S per cent. Oil hearing the court awarded It J I per cent of the cars -and directed n per emptory writ to issue requiring the rail road company to observe that order In the future.. Now,. I submit these ques tions: '.. : ... '. ..' '" ' "l. ' If a court may constitutionally command and require a carrier to supply a shipper in the future with a certain percentage of the cars at its disposal, why may it not deatgnated the compensa tion or rate to be charged and paid per ear for the service T "S. If n court may .constitutionally restrain exactions of e tats named by e carrier, on , the ground that it Is un reasonable and unjust,' why may It' not be authorised to ascertain and . enjoin observance of the reasonable rate 7 : "dearly, the Jurisdiction of the oourt does not depend Upon whether the rate, the reasonableness of which It is called upon te determine, Is for a service per formed or to be performed. " In either case, and, equally -4n either case, when the question Is, What la the reasonable ratef a judicial question Is presented.? FOUH. US III MF DA '.: Portlanders were treated te three dis tinct varieties of weather this morning within -the- limited period -of 00 minutes. At about , o'clock It began te snow, slowly At. first, but soon developed into a blinding storm. , This reminded one of New England, In the dead of winter. Pedestrians; drew their overcoats tight ly around : them , and walked more briskly. -'' -v -,---.- ; Then Suddenly- the-enow -ehenged -to rain. The -overooats and wraps were loosened so- that the -dear old Oregon weather might be fully enjoyed. .4 . A few minutes later the sufi burst out from among the dark clouds and cast hla bright raye all over the landscape. It waa actually summer weather and the . birds perched on the telegraph polee began to sing thetr ' merriest. When It was believed that the trees were Just getting ready to bud the sun again sought his hiding place and Ore gon mist waa once more the order of the .V,..'.-r:',';';X;i. j HUG ti H. JOHNCON rJAID ' , v r A3 HI3 SUCCESSOR Other Officers' of "Board Are Re- elected ' at : Semi-Annual Meeting TodayReport Show School Iq '. - alatlj - Best 01 vonaraoBV-, After almost SO yeara of servlceTln connection -with the upbuilding -of the State university at Eugene, Judge f. J. Walton, one of the original Incorpo rators and for IS years a regent, this morning resigned his position as secre tary of the board of regents at Its an nual meeting. L. H. Johnaon, steward. was elected to succeed htm. " Mr. John eon will also contlnue.ee steward, but will draw only the salary -ef secretary. Judge Walton had been connected with the school since 1S7, He resigns be cause of advancing years and a desire- to retire to private ins. .. ' t - - The board reelected the following of ficers: President of board. R. S. Bean; Balemi treasurer, a IV Kekin, Eugene; members of executive committee, C A. Dolph", Portland: M. B. Friendly, 'M aene: J. .C. AIns worth. Portland. The members of the board present at this morning's aeaaloa were: Judge R. a Been, Eugene; C A. Dolph, Port land: H. L. Butler, Dallas: J. C, Alns worth, Portland; William Smith, Baker City; F. B. Holman,-Portland: M. A. Miller, Lebanon. J. w. u amnion or Rooeburc waa , the only absent tnenv ber.'-i-r - -i- ' . " ' . " ' ' The report of Mr. Johnson ahewa a balance of f See In tne treasury, eue largely te the reduction of ealarles last veer. When the fall term began It wag decided te reduce" ell ealarles .of ll.soo ana over is Per cent.' tmi was done to prevent a -deficiency In the treasury. ' The professors effected were given a certificate for the remainder, and an attempt Is te be made to induce the next legislature to reimburse them, 1 The annual report of President Camp bell shows the attendance to be larger than It wag.-leet year.; '"U;; . Preaidsnt Campbell wee authorised te take steps In the next legislature ln the purchase of a 10-acre tract of land adjoining the present campus, which oonslsts of SI acres. . The regents will hold their next meet ing at Eugene In June. ' v.. , . ; PILOTS IIIIIGLE OVER IJRIDGE Faction Favoring Northern" Pa cific Tries to Whip Other . "y'-':;- Into Una. ' . : Before the PdrFotorUana' meeting wee called to order this afternoon te listen to argumente for end against the proposal of the Northern Pacino com pany to bridge the Willamette rlver near the drydock, - It , developed - that there le A etrong difference of opinion among the pilots On the question. The faction opposed te the bridge tried .to whin the ether Into line. On the streets one side was accused openly of work ing tn the lntereet of the Oregon Kau- road Navigation company. -,. Al Betts. one ef the oldest and beet known pilots on the river. Is before the commission this afternoon making a strong argument In favor ef the bridge. He ta dissatisfied" with the gtand taken by some of his col leagues. -4. , "I came np here from Astoria on pur pose to - present argument before the commission in favor of the bridge being built at the point chosen," - said - Pilot Betta this morning. - "It la a splendid location for a bridge - Captain Betta has been piloting snipe up end down the Willamette river for n longer period than any other man -In the service.: In fact, . be Ought the business to a majority of those now engaged In It. Moreover, It Is claimed that none -of the hundreds of ships that he haa brought up the river and taken to sea again ever met with en accident or went aground. ' - Hla acquaintances eay that he knowa the Columbia and Wil lamette rivers- l)k-bok; It- ie-also pointed out that he Is not connected In any way with a powerful transporta tion company. In speaking of him this morning. Captain Scott, master of the' British ship Hyderabad, - now ,1n port. said: . . -....;-.- - . ' . '. i- "I first formed the acquaintance of Captain Betta SS years ago, , He le a pilot of -long experience end when be says that the building of - a bridge- at the point selected by the Northern Pa olflo Will prove no menace to navigation era convinced that it Will not.", Several, of the ether pllote are non committal, end It la known to -a, cer tainty that all of them wilt not sign the circular which a small coterie of their coworkers drafted the other day. 1 Not all of them are even taking, enough In terest In the meeting to attend it. The heavleet of the shippers ere said to be favorable to the Northern Paolflo.- . CHARGES FILED AGAINST PATROLMAN L K. EVANS .'-..T-.'.'.l'.v! i v ' ." 1 ''- Bo , Interested wss , Patrolman - L. K. Evans in hla conversation with a pretty woman on his beat that be failed to no tice Captain Blover. " ' ' s : - !. " -JTh bluecoaCls accused ef lol Coring hie time away In fruit stands and other places and even of remaining ta n sa loon for 10 minutes.' .But when he was detected smoking cigarettes on duty that was "tne limit" onargee were prepared against him this morning by Chief of ponce amsmncner, in accordance-with the reports of Captain Blover and Ser geant Hogeboom, and Wilt be filed with Chairman Greene of the police commis sion thin afternoonv .;.,-.: tOTUILTY. SIR, SAYS SAILOR KELLY. COOLLY WeTfuUtyl elf," coolly replied ID." C. Bailor1') Kelly thia afternoon when asked by Presiding Judge' Fraser what hla plea was to the charge 'of murder ln the first degree. Kelly is charged with having killed Thomas Flemminga on the night of December IS during the robbery of the Centennial saloon. Jem Nun, charged with murdering Tee Lick Tee on January 10, waa also arraigned .','-" v . . FRANCO-CZKMAN WAR MAY C2 THS OUTCOME . " i .. . , - 1 , . . Majority Seem to Eusptain Prance'e . Demands end Oppose Those Made j by the Emperor of Qcrmany aa - Baals of Dettlemeiit v';y;"S. ."' 'i'c, , ' nrsal BaeHal Sarrlra l - London, Jan. 10. In the little Spanish ton of Algeclraa, across the bay from Gibraltar and within eight . of - the "Cloudy Atlae" range, there, assembles today the much-talked -of Morocco con ference, a conference that may prove as Important as ths famous conference at Portsmouth last summer. For It la to deal with matters .that ultimately and not very indirectly may Involve the peace of Europe. . - ' "ntie reel question at Issue Is whether Fresco or Germany shall gain a dlplo matlo advantage, carrying with' It In-' creased prestige In Europe. The V con- Terence was called at the Instance of thaaa . two nflww, - .Tn A nrit , iu France, Great BfltsJn find Spain entered Into en agieeiueiu ouncerning Hotbeds' whereby French predomination was rec ognised, f It was a quid pro quo arrange ment end both England and Boaln re ceived concessions from France. Oer- many waa not consulted, and Imme diately Emperor William laid plana to demonstrate that France, was not pre dominant in Morocco. Hla plans finally oulmlnated In hie vtelt to Tangier laat June, whoa in a speech te the officials there he made It most clear that la his opinion no country was predominant In France was aroused at this, and tha ensuing complications brought about n tension between Germany and France which threatened serious consequencee. Finally, after . extended - negotlaUona, France end Germany agreed upon a Mo roeoan conference.; The Jnyjtatlona jter. this gathering were sent te the powers by the eultan. but the entire affair ta under, the management of Germany and rranoe. j l neae two eountriee hare -pre-pered a program which it Is expected. Will be followed. : It contains numarana queetiona which both governmente went setUed. Including the regulation ef the financial affaire ef Morocco, police pro tection end one or two other things. OREGON EXCURSION . v ? ; AT MOUNT TAMALPA1S ; facUi. Dauwtsk a Tae'joeiasi.'.;V'i San Francisco. Jan, It. Rnina . elements of cold, wind end rain, which have been prevailing for e week, and refusing to quit business out of respect for the distinguished visitors, the Oregonlans left this -'- moraine for trip up - Mount Tamalneia. Thoe left behind were,- marry - of - them, members of last night's - Chinatown party end after that strenuous oxneri-- enee did not feel equal to the ride tr tne top or Mount Tamalpela en the" es5e44-,fctiffft,4f,hejTlOPrt' spite the gloomy weather the party was' a merry one. Tha cordiality . of theip- reoeptlon more then gladdened them end made them feet that It waa Intended for them te enjoy themselves to the full. Governor Chamberlain did not make the trip up Tamalpala. The trip np the mountain was nee- essarify slow, but the Oregonlans dldnit' mind that, aa it gave them an excel lent opportunity to riew the soenery about the bay. -' . -" -.. They -were unstinted In their praise ef the many , beauties of the trip, end even when they arrived at the eummlt where a 40-mlle-en-hour gale was blow ing, many refrained from going Indoors until they had ,- seen ail that comes within the. sweep of .vision from the mountain's top. . - . .' v,.;, . -At nooa- luncheon- waa eerved la the tavern. - Soon after luncheon the party" started en the return to this city. . At e clock the Oregonlans will be ten-. dared a reception et the Ferry building ny tne state Doera or trade ana. ether. Calif ornla-Bommerolal ' eediee.- : ! Governor Pardee, who waa to have welcomed the visitors tn behalf of the stete,i telegraphed thle morning that sickness In hla family made it impos sible for him to . be present - Colonel John Irish, naval- officer at thia port, will make . the laddrese of welcome for California.' and Mayor Schmlts will ex tend the hospitality of ' 8an . Francisco. ' Other addresses will be made by repre sentatives of commercial . organisations. The board of trade rooms are tastefully decorated with - beautiful flowers - end greenery. An Informal collation will be " senredv...;... . , -t i: : --. -.- - ROUTE OF HARRIMAN V 'INLINE rTO SEATTLE .'- .''"' 1 :', v ''. rgpeeUI Dkpetck to the JoeraaM ' " Seattle, Jan. 16. The route that the Harrtman line will follow from- Seattle to Portland wee- learned . today. - The Interurbaa right of way will carry the rails from Seattle to T acorns.. from Ta coma to Olympla, : HArrtman haa ae cured the right of way- purchased by the Taeoma-Olympla Internrban.-- rxTOMACM 3:-k For. S3 years the Bitters has been . demonstrating ..its abilitytocure ailments pe cuhar; to women and young girls. v Thousands plaice it regularly every., tnbnth Te- cause - it . always ; prevents Sick Headache, Cramps, Eickache, Dizziness, Faint ing Spells, Dyspepsia and Costiveness. We .urge a trtaL-.; -v .; ;v ... 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