-k ' r If'. : - I I II
GOOD EVENING
' TIIK VEATli;2.
: - Fair and cooler tonight Eaturday .
. fair; easterly winds, ; '
Journal Circuhtlon
? ' -;
Yesterday
' Was
. VOL. IV. NO. S0.
PORTLAND, ORCGON, FRIDAY EVENING, JANUARY 28, 1906 SIXTEEN PAGES.
PRICE TWO CENTS. ViSiimP
CaAXa.
:r--rn rk ;n hr Tim ;V;'
i ii in i v f v nrffc i ii.ii ?
; IU Ullu ; HUL IILU
, If, Council .Is Right In Declaring
y 1 V Bruin " Illegally . Appointed '
v : Then Dozens of Others Qo
V: Down With Him. ;
4 WILLIAMS GUiLTYOFC o
IDENTICAL OFFENSE
. Vrovisloni Relating ; to Residence
Have Always Been Applied Only to
, ElecriTe ,: Officer -Grand ,.. Joh to
H Whble City Service If the Malarkey
View la Sustained. ' J V :
In order 16 And a -pretext for the
chars that Mayor Lane.' and the civil
mtaSlBha'olaleaep
city charter lt.'wasneceesary for tha
; investigating committee of the council
"to. place on the charter's provisions so
Interpretation- absolutely undreamed of
- hitherto. . If their Interpretation Is to
be accepted as correct, the charter was
'violated under; the. administration of
Mayor Williams, not once, but doeens of
i ... i .
Investigating eommittee has declersd.
men arnny one anh t the police force
ves appointed OlegaJly and there Is pre.
t'elsely ee much reason for saying that
may save no. riant to .retain their poal
tione as for. saying It about Patrick
, Bruin. r.- t t- .. - . , ; .
BSOHvll if O ' tl)9 ClleirXQI"-rOViQ6el
: that all offlcera of the city of Portland
must have been residents of the, city
ior inra years oerore - taxing omce.
- Section- lit provides that "all munic
ipal officers, except .women, shall be
- resistsred votere of the city ef Port
land." These two sections have been
. uniformly Interpreted In the past as
' relating only to elective offlcera of the
city or to, heads ef departments.. The
term '"municipal offlcera" has never
; been understood to apply to the aub-
-ordlnatee In any department. . The chief
: of police la undoubtedly' a municipal
; offlcerbut thle le not true of the sub
ordinates tsv. the police force sny more
than it Is tms ' of the deputies snd
clerks In-the auditor's office or the
" surveyors and draughtsmen under the
' i city, engineer. The courts have alwaya
' made a diatlnctlon between the officers
snd the employee of a municipality,
and-the distinction was doubtleas ta
the minds of the f ranters xt Portland's
. charter. ' . .
BleoWvo Ofioera Affected.'
. Certainly It was ever supposed dur
ing the edmlnlstratton of Mayor Wil
li am a' that the charter provlalone gov
erning "municipal officers'' related to
sny but the elective officers or heada of
departments. It was ths Invariable as
sumptlon that ths subordinates In any
, department were not within the ecope
. of eectlons t and It I. Mo one Imag
Ined for a moment that It was neces--'
sary that an applicant for appointment
. as a policeman or fireman should have
, reelded three years In the city or that
he should be registered ss a voter In
, Portlsnd. -
On ths assumption that these eee-
- - tlons of ths charter . were not applica
ble to eubordinatea nearly i of the
"' 11S men now on the police force re
f celved their - appointments In the -fees
' of their own statements that they bed
reelded leas than three years in. Port-taneV.'.-.v..'..-.:
- " ' '
. If ths poaltlon now asaumed tT the
council Is correct, it Is obvious that a
large percentage of the peraone in the
city's etrlploy were appointed In viola
tion of the charter. . It proceedings are
to be Instituted to ouat Patrick Bruin
from his position as police captain, the
only logical and oonalstent oourse Is .to
- - take similar action agnlnsf theae others
who had Btmllarly failed to come up to
' . the requiemente now eeUbllshed. ,
i : ..' Wbs Was s stlsmST-,.-
-.- In '4hl connection another point In
the Malarkey report on the Bruin Inves-
- ' titration deserves mention. The report
charges a violation of section 111 of
the charter; which requires the ap
Bolntlns snthnrlty" In this , esse ths
, - jwayniwtii notify the dvll. service com
mission Immediately whenever m va-
Infancy, occurs .Meyor lne is Impliedly
renaured beauae" he"Id h5nhollf'Uie
eemmlesion that-tners-wss'a vsesney
. In ths rank of police captain until laat
November. !. The vacancy arose, how
r ever, many monthe before Mayor Lae
took office and no notification was ever
eent by hie predeceeaor. Mayor Wil
" llama If censure Is due On thle score,
It must be applied to Mayor .Williams,
; not Mayor Lane.
TAKE MORE TESTIMONY
. , IN THE SMOOT CASE
(fcaraal SDeHil serVW.) .V -Washington,
Jan. IS Supplementary
. iBKuraonj jn ins emooi case win oe
; taken February I. Senator Smoot In
' dlaruaalng his ' cses declares that he
- represente no faction of his stste, but
" .It t h n.nnl. M tT.-K w.
he le under no Influence front churches
er pert.
Ordinances Appropriating Funds'
. Provide In Every Case . for
Spending of Every Cent -
V. V, of Appropriation.
AND THE MAYOR MAY 7
DECIDE TO VETO THEM
In No Other Case Haa Mayor and
Execntirs Board -; Been 78c-Re-.
1 trained Council Haa v Appro
; priated Suma in Excess of Es
timated Receipts; ; ' " ,j
. Mayor: Lane looks with suspicion On
the ordinances psssed by the city couu
funds -to-be spent-In the several ' do-1
pertinents for the current year. With
the assistance of the beads of ths de
partments be has been going over the
ordinances and has found that every
eent haa been appropriated for some
apeclfla purpose and thst the executive
board snd ths beads ot ths departments
have been granted no liberty what
ever, to use Jthelr . Judgment in the
manner the -me nay shall be expended.
If there la any balance left ta any ef
the appropriation! tho ' sum shall be
oaaoeled immediately and returned to
the general fund. , If sny, exigeney
arises ths executive board can author
ise no espeudlture of muuey until It
flret haa received a epeclflo appropria
tion from the city council.
On Inquiry from the city auditor! de
partment the mayor was informed today
that this was the flrat time In the hie
tory of the city that appropriations had
been made thus. Formerly the sums
were appropriated for, departments and
ths executive board or other boards and
commleelons used the money ss they
saw lit. Mayor Irene's opponents are
trying to leave only - the purchasing
power In the sands of the mayor snd his
advisors. -
The council has appropriated approxi
mately (11,000 more than the estimated
receipts from all aouroea, and If it hep
pens thst ths executive department ex
pends the amonnta appropriated and the
license fees do not exceed the eetlmatea,
there will be e deficiency In the treasury
at the end of the year.
The mayor la going to make a thor
ough Investigation of the appropriation!
before elgnlng the- ordinances. If he
finds that it is contrary to the charter
to make appropriations In exoeee of the
eetimated receipts, he will in all proba
bility Veto them. If he finds that Item
ising ths appropriations In detail ss has
been done will be a ' handicap to the
executive departments, In the admlnla
t ration of affairs, hs may also refuse
to approve the ordinances providing for
this.
ED1S0II VlIiS BIB LAVSUIT
. MIST THE GOULDS
Western Union . Never Paid In
ventor for Use of Automatic
' Telegraph Instruments.-
- ' (Joemal Special Service.)
New York, Jan. !. A decision has
been rendered In the Buffalo courts
againet ths Ooulds In favor of Thomas
A. Edison, ths -Inventor. In a suit that
has been elumbertng In - the courts 30
years. which, although originally for
ttOO.000 damages, - now Involves nesrly
SO.000,000. Kdlson himself furuiahed
this brief statement of the case: -
"About. HTl'-Jsy Oould bought out
ths Automatic Telegraph company and
afterward sold the same to the We! tern
Union Telegraph company. -The eult In
queetlon le for money Oould promised
to pay, but -did not. . Joalab C. Retffr
one.. of -the principal stockholdsrsnf
the Automatlo Telegraph company, was
I the principal prty to. th,le .iltlgtlon
Edison sold lbs patents to the Auto
matlo -yesrs ago. but never received any
payment on account of ' the failure of
Oould to carry out hie contracts. The
Interests of the Western Union Tele
graph company' bavs grown enormoualy
einoe the daye ef Jay Oould, and year
by yeer It la certain that-, the number
of Inetrumente .Involved. In the suit grew
proportionately.! - ?
STEAMER IS MISSING .
WITH NINETEEN ABOARD
' Jearae! Iperlal Srte. -San
rranctscov Jan. M. The marine
exchanges and ships agents are etill
without tidings of the eteam schooner'
Rants Barbara, which left Seattle on
SStnrday with It passengera for Sas
Pranclaco and which ehould have ar
rived here Wedneaday. All ports hsvs
been advised to keep a sharp lookout.
B - smjsnaasseaasasnssenfassbjessas f
' r (CWrrlgtt.MoathyW.. Hearst! ':' : ;' ; - ' ' ;'
N I .:t7Cndms t mimtj. ; ... . f " TT5 ptvan ;
' J1" t oJ
y . : '' Ona of tha Prominent Ezhiblta. ; . . '
FIVE MORE
FROM WRECK OF
TROOPS TO QUELL
BLACK HAND
Unable to Cope With Conditions
City of Monongahela Appeals
to the State. -
COUNTRY TERRORIZED
BY MURDEROUS GANG
Warrants Out for tha Arrest of a
Hundred and Forty-Nine Mem
bers of Law Defying Band
Twenty-One Harden Committed.
rjosrea! ffpecteT Herri c
Monongahela, Pa-, Jan. 1-Utterly
unable to cope with conditions which
havs been brought about by ths so-called
"Black Hand" . society. Mayor Blllock
snd Chief of Police Logan of this elty
todsy sppesled to . Captain' Oroonio of
Philadelphia,, in command ef the state
constabulary, snd requested that a troop
of 00 men be sent here Immediately. ' ,
In spite of warning! snd,. ths srrest
of members, the murderous gsng la ut
terly disregarding ths authorities.
Meeting! ere being Bold dsy and night
and ths people ef the county era ter
rorlsad. ' ' . ' : s -r
There 4s talk of sn appeal to the gov-
emerf erfceteee"-eroops, " F j
, The attention of , the ' United- States
suthorltles haa been called to the ex
tstencs of the gsng. Chief I-ogan has
notified Poetofflce Inspector O'Brien of
Pittsburg that large quantities sf sedi
tious , mstter nave been seised which
peaeed through the malls, and ths gov
ernment suthorltles are expected . to
take sctton.
.Ths dlatrlct attorney of Washington
county haa eworn out warrants for the
arreet .of 141 members of the gang,
charged with eonaplraey. and other
charges will be made. It le believed
that SI murders committed In Weshlng
ton county during- ths past year were
the work of the "Black Hand." - : '
V ' Wtfe ararderer
. " IJMmal SpeeUI Serrlea.1' . ' '
Jersey City. Jan. - It. Nieola Mnr
dsoe, who ehopped his wife ta deatl
was Baagv iui wmud y ' j
SURVIVORS
THE
But Thirty-Eight of the Hundred
V and Rfty-Four Aboard Ves
sel Rescued.
SURVIVORS BROUGHT TO
SEATTLE BY THE TOPEKA
All Unite in Praising Heroic Conduct
of CrewWreck ' ' Entirely Sub
mergedThose - on Second : Barge
Reach Shore. - "
. ' (Jeersal Boeelal Bervke.) . ' .
Beattle, Jan. J. Bringing tl aurvlv
ore of . tha-Valencia, the steamship City
of Topeka arrived at o'clock thie morn
ing. Besides ths IT men who were
picked UP on' the life raft Wednesday
afternoon,"' the alx men who eecaped In
the lifeboat were returned. ' They were
picked kip by a at earner yestsrday sf
ternoon a4d- trsneferred to ths Topeka.
Seven survivors were taken immediately
to the .Rainier1 Grand hotel and the
othere scattered to other hotels or wsnt
home. : ;
When the Topeka left the scene of
ths wreck, ehortly before dark y eater
day evening, nothing oould be seen.Ot
- (Continued en Page Two.)
DON'T YOU OVERLOOK . ..
NEXT SUNDAY'SJOURNAL
J i ; :
Here are eome reaturee
efTe
next Sunday's Journal: 1 rd
William Jennings Bryan. Irt .e
ey japsw. " ' 1
4 Life of the Carthuetaa monk!
d'"in England. ' ' "
s . . .Bnowaboetnc - and . mid-winter
-e
d ! a porta n Mount Hood.
d How President Penrose built
np Whitman college.
d 1. - Ths workers' magaslns filled
With practical Suggestions.
' James Barnes - story. The
:One Who Thought. In the ban
ner series of short stories
e "Uncle Sam. . the World's
d Schoolmaster." illustrated la eol-
'' ore.-. - . v-
e , "How Flower! Are Grown to
e Match" the Color of Tour
Clothes." Illustrated In colors..
S ' fi. page for boys snd glrla by
e Polly Evans. . . .
:How to be healthy snd besatl-
fUtL by Mrs. Henry Symes. ' -
e -. And for the children the col-
4 ; ered eomlo pictures. ; . . '
SAVED
VALENCIA
CHARGES FRAUD IN
INSURANCE
Charles F. Ross'rter Claims He
Bought ' Two - Supposed
. Twenty-Year Life Policies.
THEN FOUND THEY WERE
.ORDINARY, LIFE POLICIES
Cava Promiaaory Note for Them,
Roaaiter Clalma, and When He Ten
dered Pollciea'and Demanded Notes
in Return, Ha Was Refused. -
Behind" a suit for tg4.S. filed, tn Jus
tice Reld's court a few days sgo by ths
Morgan Mercantile ' agency againet
Charlee P. Roaaiter, Ilea sn Intersstlng
story of what are alleged by the de
fendant to be the questionable methods
employed by the New Tork Life Insur
ance company. Fraud Is freely chsrged
In the anawer of Roaaiter to the suit
filed yesterday afternoon throughu. the
law firm of Hayea at Brand.
The account was tranaferred te the
agency bringing ault by - A.-C- Bryant,
local agent for the life Inauranoe com
pany. It le alleged In ths anawer that
BTystrfsoiiPltsd the defendant to take
out two- llfs- Insurance policies in mat
July, representing to him at that time
clee, which ere fully paid np at the ex
piration of years, and which, it was
guarantees wouia at tne expiration 01
that period allow the defendant to draS
sn amount of money equal to the sum
of all premiums paid by him. plus a
aum of 1(0 for each l.00 policy Is
sued. .:.-
-In truth and. In fact," reads the an
swer, "aald life inauranoe policies were
not what Is knowa as 10-payment Ufa
Insurance policies, but what le termed
ordinary' life policies, enabling defend
ant iHdrsw down sum of money of
not V r- tnn ISt for each f l.eoe pol
icy !sad defendant. Instead of ttlt.10.
aS represented to defendant, and all ef
which the said A. C Bryant then and
there well knew."
Relying on the statement of Bryant,
the defendant declares that bs gave him
two promissory notes for the two
policies. Plscovertng, ss he asserts. In
Continued ea Page Twe.J,
STILL UPHOLD
Members of Ways and, Means
Committee of Council Persist
in Paying Hulme and. Wopd-.
'house, Illegally.
SALARIES OF MAYOR'S
- APPOINTEES WITHHELD
City Auditor Devlin Refuses to Pay
Hey and Barrel I Untfl Ways and
-Means Coinmrttee Approves Pay
roll, or Cort Issuss Permanent Or
der That City Pay Them.
According to ths: recent decision of
luOatjrisaevahejtslswjro;
vldoVThepoS
lng inspector In clUes of certain slse
was constitutions! snd that William
Hey, appointed by Mayor Lane to Jill
the position la Portland, was entitled te
ths office, the ordinance passed by the
city council creating the offices of
plumbing inspector snd deputy plumb
ing inspector snd naming Thomas B.
Hulme snd Hsrry Woodhouee, respect
ively, to the positions. Is Invalid.
in faca of thla fast the wave end
meana committee of the city council, led
by Councilman Masteas; haws signed the
payroll of Hulme ana wooanouaa ovary
month sines ths contest over the offloee
began and havs refueed to pay the
aalaries nf. Hey snd his itait, tvn
burn' Barrel 1. who were appointed and
placed in possession of the ofnee t
Mayor Lane and who have performed ail
the duties or tne positions.
The state law providing for the ap
pointment of plumbing Inspectors .wae
enacted several years ago, worn m y
ordinance psssed by ths present conn
cllmen. who attempted by so doing to
keep their favorites, Hulms and Wood
bouse, In offics for political reasons. Is
of no effect whstsver, in so far as It
conflicts with ths former.
. Andieo Oats Orders.
After the court rendered Its recent de
cision on the caae and Issued a writ
statins that Hey and Ban-ell were
rlrhtfuIlT entitled to the - offfloes,-City
Auditor Devlin drew warrant! for their
aalaiiee for October snd Novemoer. Tne
members of ths wits snd meana com
mittee,-who are Republicans and are
doing everything in tneir power 10 00
atruct the administration of Mayor
Lane, instructed the city auditor to pay
no more money to Hey and Barrell or
they would hold him liable. They took
thle etand en the ground that the order
ot the courr simply said that Hey and
Barrell ware entitled to the positions
under ths . state law and as such the
state should provide a salary, that they
had no funda to pay aalartes of mea
holding their offices under the stats.
Each month they havs been spprov
Ins ths payroll of Hulme and Wood-
house, who no longer perform the dutlee
of the office,, although -City -Attorney
McNary Informed them that In being
declared entitled to poaaeealoa of the
office. Hey end Barrel! were also . en
titled to salaries. Councilman Masters
and other members of the committee
paid no heed to the city attorney and
oontinued to withhold the salaries.
.Warrants Are BsfasaC -
Hey and Barrell have applied many
times for their ealary warrants, but
the elty auditor haa refused to deliver
them. The matter reached a - climax
thla morning when Barrell demanded of
the auditor that the claims be paid.
Devlin positively refused to do so with
out a permanent order from the eout
directing him to draw the warrants or
ths approval of the waye and means
committee of the, payrolls.
"I have no intersst In ths matter only
so far as my own protection le con
cerned," eald he. "If the waye and
means committee will approve the pay
rolls I will draw the warrants within
10 minutes. If ths committee gete a
permanent order of the court directing
the city to pay the salarlee I wlU then
be forced to draw the warrants. In
either case I will be protected,-, and
Devlin took the matter np.wHhjClty
Attorney McNary and the latter told
him he was right In his position, snd
that hoehouia donothlng-whrerr w6ifld
hold him liable. When seen by a re
porter the city attorney laid the blame
for the trouble on the waya and meana
committee. ,-''' v-. 'v.. ....
KcJrary Blames OommrMee.
"Boca after the decision of the courts
In this matter,"" said bs, "I told the
committee that aa long as the court
hsd held thst Hey snd Barrell were en
titled to the office they were also en
titled to the salsries. The only thing
then for them to have done would have
been to dmp the matter entirely and
recognise Hey end Barrell ss legally
entitled to the office or to hsvs ap
pealed the case Immediately to the su
preme court.' 1
Mr. M-Nary else eald that In ea far
as the e'ty ord!n-- creating tho of-
fir t " r i or and deputy
pli rtt& with the
st 1 t .oiar I valid
IIAPGOOD UOT
GUILTY
Jury Fails to -Sustain Criminal
Libel Charge Against Editor : '
;.. lof Colliers' Brought by
Justice Deuel. . -
JEROME WARNS PAPERS
THAT PRINT SCANDALS
Declares That New York Papers Al
most Without Exception Are Ron
- From tha Counting Room Presi
dent Roosevelt . Returna Copy of .
Fada and Fancies Sent Him.
(Joarail gpsclal aWrlce.1 - - - "
New Tork. Jan. SC. After being- out
of Norman Hapgood. editor of Collier's
Weekly, for criminal libel againet Jus
Uce J. M Deuel, owner of Town Topics,
returned a verdict of not guilty.
In closing for the etate thla morning
District Attorney - Jerome took np the
caae and discussed ths alleged libelous
article from a legal standpoint ss te
the Justification and excuse for printing
the same, saying: "We deal with the
case as developed by the testimony."
Jsroras In summing up said, that ibe
course. of.Town.'Xapioa should set aa a
guide to many newapapera of thle elty. '
He .warmly attacked local papers aa
containing "soms vile scandal, clothed
by some clever srtlst," snd declared
IhifNsw-Tork papers,aImost" withosl
exception, are run from the eountlng
room. . Hs aald that such a course oould
not be pursued with Impunity.
"What happened to the 10-ceat week
ly may happen to the 1-cent daily ,7 de
clared the district attorney. , ; .
. The. ease haa been one of the meet
sensational heard In criminal courts for ,
many day a. When the exposures con
cerning "Feds and Fancies" and "Town
Topics" were first made last' year, Nor
man Hapgood In an editorial in Col
lier's severely arraigned Justice Dual
for hie connection with Town Topics.
A, criminal libel eult was filed la re
taliation by Deuel and in proving Its
case the defense has shown np the
methods employed by Colonel Mann,
manager of . Tows Topic, and Juatlce
Deuel In ualng their Journal to black
mail members of New York's most ex
clusive smart est. by the publication of
facts derogatory to tbem anises liberal
advertisements were placed hs - Town
Toplce or a liberal space was taken
In Fads snd Fancies, which purported
to bs aa elaborate collection, beau ti fully
gotten up. of autobiographies of the
leading people in America. . .. .
Wealthy Hea Bled, 1
It was shown by the defease that sub
scriptions to Fads and Fancies were
paid for at from tl.eoe to 10.eo each
and that ths full list brings ths total
elosely np to the t260.eee mark. It was
slao shown that Colonel Mann bad bor
rowed nearly $300,000 from J. P. Morgan.
1. R. Keens, w. K. Vanderbllt. W. C.
Whitney and other prominent financiers.
Many of these loans were sever repaid.
Others were repaid la atock of Town
Topics, whose par veins was tit a
abare at ths rate of $1,000 a shsre.
The largest single loan was obtained
from J. R. Keens and totaled e.oee.
part of which was repaid. From W. K.
Vanderbllt M5.000 was secured. From
W. C Whitney 1 10.000. front CP.
Huntington 16,000, - frees- - J.- P. Morgan '
Sl.tOO. from John W. Gates St 0.040, from
Charles M. Schwab tlO.OOS and from
Thomas F. Rysa. 1 1MOO .
Ths defense proved that Juatlce
Deuel bad an office In Town - Toplce, '
owned a majority of the atock of the
paper, was consulted regarding -items
published and read the proofs el the
Journal. , . - .1 ,
Bernard M. Baker of Baltimore, preel- '
dent of the Baltimore Trust company,
snd many other . prominent business?
men testified that they were the objects '
ef bitter attacks In Town Topics until
they advert laed liberally In Ite columns,
and ths attacks then ceased. , -
Norman Hapgood snd Robert Collier,
owner of Collier's Weekly, wers both;
on ths stand yesleidayi The latter ta
ttfled that Hapgood bad written ths arv
tides concerning Justice Deuel In Town .
Ttapica. under - Inetrunllons , from aim ,
self. Hs stated that what first srouaed,. .
hta Indignation was an"-article la Town &
Toplca concerning Mine Alice Roose
velt, in which aha was referred te as
Aline. , i - ii
The taet evidence for the prosecution
wss a letter from Grow Cleveland, in
which he etsted that hs had. examined
Fada and Fanclee and thought it was as
admirable book. - '.
telegram received from Wash fus
ion thle morning says that a statement
was given out at the White House sitt
ing that. In view ef Colonel sno,e tes
timony yesterday, which lr wt e - '
of correspondence bet-e-- -
copy of t ads end h .
the deo'arat'f" '
given r
he re: I i .
1 ,.e