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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (April 9, 1906)
. GOOD EVENING Journal Circulation THE WEATHER,: Showers tonight, with light froit; Tiedy ltiri westerly winds. - Vol. v, no. 29. Hunt -Refutes-to-Sign Land Fraud Bill of Exceptions - v ';'''''; in Its Present ' ,-. Form '- T DOES N6T INCLUDE SUFFICIENT TESTIMONY Court Holds; ;That Evidence Is-- So Scanty That Higher Tribunal Could Not Understand Nature of Conten tion Judge Bennett's Plea That One - Defendant Is Poor Fails. I .lh L'nlted Btataa elroult ' court ila morning. Judge W. M. Hunt of Mon- ana notified Judge Bennett of- The allea. nlor counsel for Congreesmao Vllilamson. Dr. Van QMiwr and Marlon t. Bias, convicted laat aummar In the knd fraud -prosecutions, . that he would ot altn the bill or exceptions on appeal i Ita present form, ila said taet ue 111 waa not sufficiently -complete to we the Judges on tha appellate bench clear and concise) conception or too op of the testimony tn th conspiracy aee. . ' .- Arguments . were mad on th eufft- iencr of th bill. United atates ms- Ict Attorney Bristol appearing ror npe- tl PrHMUtor Heney. While he was ddresslnc th' Court Attorney Brtatot lad e letter from Attorney Heney to udge Bennett, in which th apeciai roaecutor threatened to proas th em otion .of the sentence imposed upon lie-defendant pending th perfection of appeal. If there wer any more at I'Btpte at delay. Bristol's OWeetlve., DlHtrlct Attorney Bristol said. In his penlng re murks, that th bill of excep- ons . as it now stands, was only a heleton. as It did not contain th full li-mene He said the exoeptlons were brief tli&t tha appellate eaurt could ot fully Understand with what the de- ndant . le-ebargexl. Ha cited - autnori- es to ahow that In a conspiracy one t necesaa ry for- alrTh testimony I) be transcribed and placed tn th bill r exceptions. Replying to DIstrlat At torney Bristol, Judge Bennett said: : ' . Judge Bennett' Anew. "Ws oppoa belna forced to Include 1 th testimony in the bill of excep- ons, because much of It la remote in kint of fact. W hold that tba ap- sj la not affecteJ in the leaJit by the Iminatlon of th masa of. teatlmony I character of wltneea - and other on whoa atatementa w do not take koeptlona." ' - , , '' Saye s Are tt. Attorney Bennett went on to state at If the full testimony was included th bill of exceptions, it would be icessary for eacHtof the 'defendant to Int separate writs of error, which will at them from 1800 to 1 1.(00. II Ided:..; -. r "One of thd defendanta Intend to k his case to the United Htates su- em court. Th other two will only Toho circuit court. On of th de ndanta la a poor man. .the other In oderat circumstances, and it would be orklna a hardship upon them to fore im to file separate writs of error." . Judge Hunt said that waa a lament- ile fapt but that th coat of th lltlga- tn could not be taken Into consider n In th entering of what th court nsldered a perfect bllL . ' Judge Bennett then argued that th fecta In th 1 bill b pointed out and at th defense and prosecution dectdt st how- th -weak points complained could be strengthened. That did not Inold with th views of District At. rney - Bristol, and Judg Hunt Hld at in th present condition he could t sign th bill, contending that it is t clear for a conspiracy case and at It would b a reflection upon him. th presiding Judge, to send such a cument up to th higher court. Stautt ItUl ObjeoU. ', Then Judg Bennett raised the point at the time for th perfection of th 111 Is so short that h could not com ot It within th time provided by To that point Judge Hunt cited edge Bennett to a decision of th tilted - fcnaie supreme court in 1111. itch la ao broad, aa he remember It, lereby there will be sufficient time r the perfection of th appeal by in- tiding all th teatlmony adduced during .trial.. At that Jnnctur a recess waa taken itll t o'clock, at 1 which hour Judge hint said h would-bear further argu ent. . . .-r Moore fee Alaska mag-, . finurait flMMill) W V Washington. April I. The president day nominated Alfred . Moor ot nnsylvsnla to be district judg of vlaion N. t of Alaska. . . ' tJaaraal Special Serrlee.)' ' Washington, April The. controller th currency has railed for the latement of national banks at . the is of business April S. - - - AV0RABLE REPORT ON COLUMBIA RIVER BILL JUDGE BALKS AT APPEAL (WaskJiieto Bares ef The Jours l) Washington, IX C, April . Th river and harbor commit, tee heard Major Langfltt today In behalf of the Columbia river improvement bill. It will report favorably to the commute to morrow. Oregon eenatora are sanguine that they will get th bill through the hoiis. : - 0 e'ww'e) : '!! . Judge W. H.' Hunt.' . . . - . ILLEGAL i: EHTRIES ALLEGED Wholesale V Frauds In ; Curry County Occupy the Atten- tlon of Grand Jury. INDICTMENTS MAY BE RETURNED TODAY 1 :'--.f Men of Prominence and Wealth in the East Said to' Have Secured Great Tracts , of Timber by Irreg- ular Methoda. -. . ' , 1 Wholesale land frauds ta Curry ooua ty are occupying th attention of th raderal grand jury and Important in dictments, are expected either today or tomorrow, li U aaid tSt innumerable fraudulent ' entries wer, made on th valuable timber lands of the county and Immense tracts, war secured, tit that in terest of wealthy eastern timber grab bers. The methods were similar to those ' which have already caused a number of Indictments. Men were em ployed' rb make entries on th land. falsely swearing that they wer taking the claims In tbelc own interest and behalf, while in fact they were- mere dummies ror th big operators to- whom th landn were subeequanUy conveyed, Th utmost secrecy Is maintained by th federal official a to th Identity of th person under investigation. It Is probable that ' in ' this, aa in ' other cases that have occupied the attention of the present grand' Jury( th name of the Indloted persons will not b mad public until the arrests bav been made. A horde, of witnesses has been in at tandanoe. and on of th special agents remarked facetiously: . "Everybody In Curry county ha bean brought her to testify as to tb' frauds." The corridor on the upper floor of th Postofnc building Is thronged dally by witnesses. --Sensational news Is expected when the namea of the persons indicted .last week are made known. It Is certain that some of them are men of wealth and prominence In th eastern states. - The warrants were sent east for service and until the defendants are arrested their aamea will not be made public. . , G0LL PLACED ON TRIAL FOR HELPING LOOT BANK """ "IJoarssT Special Serrlre.) - T Milwaukee. Wis.. April . Th case against Henry O. Ooll. former assistant cashier of the First National bank, whe I charged with helping : to loot- th bank; waa called today in th tTnlted Btatea dlatrict conrt. Ooll Is Indicted on 71 counts, end the indication are that the trial will be a long one. Ooll la -charged, with being a. principal a well a an accessory with Frank B. Blgelow In the; peculations rrom the First National bank. Former President Blgelow ts to be brought 1 front the Leavenworth . prison to teetlfy In ' the trial, - - , -, - 1 . -ti- . ISLAND OF; RODRIGUEZ . IS SWEPT BY TORNADO 1 -.' " "v ' . : ' .v.'.;. 1 ' (Jmirwil Butetal Berries.) ' London. April . Th Telecram ears that the island of Rodrtgues of - th Masrserenes group .'Was aweot by s cyclone ' Saturday and Sunday. Th cnooner zn, laden with government supplies. ' was lost. The governor . of Mauritius: has Sent aid te the stricken island, - - - . MINISTER. IN JAIL-:- L. ON BIGAMY CHARGE ...... . . . 11 r- - . ..- Uoaraal Spertal Serrke.) ' -Loe Angeles. April f.Rev. James R. Wylle, a former Methodist minister, and sirs, r anni M. . ureen are held on a charge of bigamy In the Justice court. wotn are in jail, unable l rumish ball. Wyll threaten his wife, who swore to th complaint. He was a rested while on his way to Mexloo. . TEHACHAPI TUNNEL IN DANGEROUS SHAPE ' (Jmrrn.l Seerlsl Rerhv. . ' BAKER8FIKIJJ. Cl.. April I, It Is xpecied that th track will be rlrared at Tehachapt thlsr afternoon, although another slid I prohablo. There Is a large opening In tha hillside and train are still transferring, e' the tunnel is (Jiinfrroui. , ,', "-,,' PORTLAND. .' OREGON, 1 MONDAY - EVENING.- APRIL -9, TO I AIICItyTBIocksTfoTBeAmpTy Supplied With ' Fire ' Escapes V as Rapidly as Notices Can .',-' Be Served. ;-. MANY BIG STRUCTURES ARE MERE DEATH TRAPS Orefonkn Building Does Not Have an Escape and Chief Campbell Ex : pects to Remed This Immediately .New Ordinance Will Not Except Even Fire-Proof. Buildings. "More fire . escapes" le t b . th slogan of th city offlclsl. They wer brought to a realisation of th need of more , avenue of - escape , from - large building In this city by the fire In the Chamber . of. Commerce building Fit day from which ao many people barely escaped with thelltve. . Mayer' Lane and othere in authority are of the opinion that double tb num ber of fir escapes should have been en this structure and that many other large buildings in the city are sadly lacking in this respect. They feel thai owner- of such structures should be compelled to erect the neoessary fir escape In compliance with the city ordinance - - . 7" ' ' "' One Baag Spe. v. .One of th largest building in th city In which are hundreds of tenants is the Orsgonlan : building, yet It le without a fire eecape. It le called a fireproof structure, but If a fire should break out in one of the lower etortea and reach th elevator shafts tb people in tn stories above would be cut off from any escape except that furnished by th ladders of th fir department, which would be entirely Inadequate in time or a big conflagration. Chief Campbell realises this fact, and h aaid this morning that he Intended to recommend to th exeoutJre board that S sufficient number of fir escapes be placed on" 111 Oragoalaa- buHdlnav The ordinance exempts no building, whether nreproor or not. It le In part as fol low: "Every building that le occupied or narearter so constructed as to be oc cupied by two or more families on the third story not having proper or sum dent exits, or facilities for eecspe In case of Are, and every building of four or more stories In . height, and every building used or occupied or hereafter so constructed as to be used or oocu plod as a theatre, hospital, ssylunv sem inary, academy, college, hotel, rooming, house, apartment house. . tenement. house, lodging-house, or for a factory. mill or manufactory,- or for ofllcee. workshops or publio entertainments, or assemblages above the second story, and vry school building of more than two stories in height, shall be provided and equipped with metallte Are eocenes. combined with eultable metallic balco nies, platforms and railings firmly 1 oured to the outer wails, and ' erected and arranged in such a way and tn such to as many windows of each story above the first aa may be necessary to make end render said fire escapes readily ac cesslble, safe and adequate for. the In to a tea In case of Ore." The ordinance further provides that the escapee shall extend from the level 01 in ceiling or in nrsi story to and over the roof of th building on which it Is placed. Th exeoutlve board, after consultatioa with the chief of the fire department, ehall determine the num ber.. the sort end the location ef the. fire escape. Tbla ordlnano permits the exits te th fire escapes to be through window In privet rooms. Th result has been that often tha escape ere in euch posi tion that many of the Inmetes of the building do not know where exlte are located, and frequently the rooms are locked. In which case. If a fire occurred the fire eecape would be of no use. A subsequent ordlnano has been paaeed compelling th fire escapes to be from the ends of op a ball ways and the in- etallatlon of a sufficient, number of signs -to guide the people to eafety. Thar are dosans of buildings over three stories high throughout th city which hav no fir escaDea. . Chief Campbell and his assistant hav been making inspections and preparing a Hat of th house which do not comply with th law and at each meeting of tbe ex ecutive board notice are sent te at least It ' proprietors of these buildings to place fir escapes. These notleee give th number of escape to be bbllt and their location. ' When th notice are received and the proprietor doe not Comply, h 1 ubjct to- arrest. In view of th imperative need of additional fir escape on many struc tures now without them, and on othere which have inadequate number, the exeoutlve board contemplates making an active campaign to relieve the sit uation. . In all probability a larger num ber of notices will be issued each month until all buildings which are without escapes will be made to comply with th law. , Bvry large bonding . in the city should have an ample number of tire aoapeg," eald tha mayor. "The safety of the people cannot be too well pro tected." i- 'W Intend to compel property owners to plao fir escapes where they ar needed as rapidly aa possible." ssld Chief Campbell this morning'. "There are many etrurturee in th eity on which should b fir escapee but . which are without them. - It will not he long be fore fire escapee will be pieced ea all buildlaga In th city that need them." Beeeiam, aVoea Made. St. Petersburg. April . The Slor is authority for the statement that a new nusalan loan at a pry iwnt has been concluded te be Issued at S. . ,- 1 I ' John Alexander Dowie in ' Action. -rr- irr'-T v:':v'" tr"" 'TT-, ' llSrzrzz . : ..U , 1 e e e e e . TOMORROW'S YOUR LAST CHANCE TO REGISTER ; Tomorrow is the last day when voters can register for the primaries. The registration rolls will close at 5 o'clock tomorrow, afternoonr Every voter who wishes to have a voice in the selection of7 his party's nominees for 6tate and county "offices must be registered.'. It is not enough that he was registered last year';, he must have registered again -since January 1 of this year. . County Clerk Fields has a large force of deputies so that voters heed experience no de Jay in registering, '. . . ' . " , Z PAUL SHOUP WHIS "THESOUTHERN James Horsburgh Jr. to Be General -Passenger Agent and Will s( Take Portland Man for His Assistant C. E. Fee May Be Stubbs' Assistant. (Joereal Special Setvlee.l San Francisco, April . it Is official ly announced et Southern Pacific head quarter this morning that James Hor- bureh Jr.. now assistant general pas senger agent of the Southern Pacific la promoted to be general passenger agent with headquarterg at Ban rraocisco. Paul BhouD. now assistant general freight agent at Portland of th Harrl man llnea in th northwest. Is sppointed aaslstant general passenger agent, under Mr. Horsburgh. and has been ordered to leave for San rranrisco,-where he will b stationed. ROCKEFELLER KICKS AGAINST y PRICE OF KEROSENE Standard ' Magnate Objects to Paying Fourteen Cents a Gallon for Oil. - Uaarest Speelsl srrlre.) Tkeweod. N. J April . John IX Rockefeller and the village grocer who supplies him with provisione nan a tilt over the telephone Tiaay nigni concerning the price of oil. The grocer rharged the magnate. 14 eenta a gallon for kerosene. Rockefeller ealdf Hellol This is Rockefeller. Tou hsve charged me 14 eente a gallon ror oil. That la high yes. indeed. very high.". "Oh. no. Rorkfeller." replied th grocer, "your company asked ma to pay IS eenta a gallon and l ooumnr. sail it for that and keep lhealorejopen, could XT' ,'.' The oil king thought for a moment and then replied in a conclllaiory ton: Indeed" Well, you twuunt merge much less then, could yout After the grocer ss LI. "No sir,- th Standard Oil chitf hung up. ,f , 1906. FOURTEEN PAGES. PROMOTIflll. Oil Charles 8. Fee, It la, rumored, how tin eral traffic manager, will go to Chicago s assistant to J. C. Btubbs. Paul Shoup went to Portland, Sep tember 1 last to occupy th position of assistant freight superintendent for the lines in the northwest, He was form erly chief clerk under Mr. Horsburgh, who now selects Mr. Shoup aa his as sistant genera passenger agent . Mr. Shoup haa seen service with the Harrl man llnea la .San Francisco and 8ao Jo, - and - hie - advancement, haa . been rapid. , . .;.., . . -, .. , , .. . .-- . TOWN MOVES ACROSS RIVER TO MEEJ RAILROAD Wyoming Hamlet of Worland Is - Taken Across Ice to Point Touched by Burlington. (Juornsl Rpeclal Hetr ) : Worland, Wyo., April . When the railroad would not come to.. Worland. Werlnml went to the railroad. Pick ing Itself up. bag and baggage, house, stores, saloons snd cltlsens, the entire town moved aero the Big Horn river on th loc.' At first the Hurllngion In tended to run a Una to Worland, but afterward decided U would be too ex pensive to bridge the river. Aghest at the proapect of a.' rival town across the river getting the bene fit of the railroad, Worland decided tn tnov. Homes wer brought In from in. surrounding - rerrclion. . "and all holms, including the bank, saloons, poetoiflre and dwellings, were tsken serosa th frosen rlvr on rollers. Th nnloon.dlil not even suspend business during th moving. " In leas than a week the entire toon had settled on It hew site. , . PACIFIC PRICE ' TWO FLAriG FLOOD Of LAVA CEASES Mount Vesuvius Suddenly Mod erates After a Week of Vio- lent Activity. NAPLES CROWDED WITH FRIGHTENED REFUGEES City Is Shaken by Two Distinct Earthquake Shocks Town of Ten Thousand Is Completely Over- I whelmed--Ten Bodies Recovered, , (Journal Special Sertlc. - Rome.-April . Advtces say that Te auvlua ha suddenly moderated. There are fully 160,000. refugeee at Naples The people from all parts of the re gion near the volcano have fled there. A panic ensued among the residents of that city yesterday when two earth quake shocks shattered windows snd cracked the walls of buildings. No trace remains ef Bosootrecasa, a town f 10,000 inhabitants, which ha been completely overflowed by the molten lava Torre Annunclata, on tha Gulf of Naples, ts almost completely sur rounded by the molten lava and haa been evacuated by ita 30,000 inhabitants. Hundrede of acres of gardens and vine yards have been overflowed and ruined. It is feared the southeastern side of Vesuvius for a radius of 10 miles. In cluding all towns, will be devastated. It Is feared that the city of Naples Itself is In danger. ;..'." Reports of loss of life in overflowed villages snd towns ar confirmed. Tan bodies have been recovered at San Out-sette."-1 - "" r"v. IDAHO LAND FRAUD TRIALS POSTPONED (Special illspetrb to The Jeers!.) Boise, Idaho, . April t. Tb Idaho land-fraud -case; which wore-- to - have been tried et the May term Of the Unit ed Statea court at Moscow, have been continued to the September term. The action was taken on application of the defendanta' attorney, W. E. Borah, who la to prosecute President Moyer. Secre tary Haywood,' Committeeman Pettlbon and other under Indictment for th murder of ex-Governor Steunenberg, In the' state court at Caldwell. Th date of both court ar fixed for th same time. There ar It" defendant tn th land frauds. Implicating th most prom inent mea of the. Nea Perce country. . ARTHUR IS WELCOMED ; BY WINNIPEG PEOPLE (Joarul Serial Bervtre.) Winnipeg. Manitoba, April t Prince Arthur of Connaught was accorded a very, enthustnstic reception n his ar rival her today. Heveral thousand pe.i- pie were at th station when the speclxl trsln arrived, and they heartily Cheered the prlnc when he nllghled frirtn lit car.- According tn plans, the' dllln-ftrl-- vliilui twill remeln In M Inni- -nrrow. gnl alll be Y 'tut - 1. CENTS." ow Team sag jrrws stasia rivs cists STRAIN TELLS Deposed Brophet of Zion Weak ening aruf More Like a Spoiled . Child Than a Leader ; Makes a Scene. ; i ORDERS THREE MEALS AND THROWS FOOD AWAY First Apostle Trusts No One but - Deacon Peters Disquieting; Tele . (rams Received Will Be Ignored " by Former'Foilowers on His.Ar.'. r ivaL!---: r-r-T - - -. - ' (Joaraal Special Service.t ' ' r ... Benton. Ark.- (Bulletin. ) If Dowle'e train was IS minutes later at the Saline -" river bridge death would hav settled the strife for the control of Zlon City, The engineer found-th bridge timbers burning and stopped and extinguished the blase and tested the structure. A - , few minutes more and there would have -been "no safety. Dowie fears assassination by the peo ple who ar taking step to remove him. Bartlett Burleigh, a. fearless negro giant, and former Jamaican soldier, a ' fanatio in the belief that Dowie is th chosen , of God, is .constantly by the "apostle's" side, and lps at th door of hie stateroom aboard the train. He allows no one to approach unleee he Is satisfied that he le all right, and in spects all food Intended for hie master. ' (Joarsal Special Serrlee. ' - -Chioago, AprU . Adrl-es from LiOng villa, Texas, state that John Alexander Dowl la weakening under the etrain. This morning he waa mora Ilka a spoiled ' child than a leader. He ordered break fast th re times, throwing th viands from th window in a rage. . finally .,' eating Scotch porridge, milk and oranire. Dowie trusts no on but Deacon Pe ters; -Indioatlona are that many die- " quieting telegram hsvs ' been received from Cnlcago, Snout and anathemas can.be heard outsld of the prophet's stateroom. Still faithful to his old leader, with ', whom he was associated in the Mexican plantation scheme, Deacon Fielding H. ' Wilhlte left for St, Louie today to meet Dowie. He took funds necessary to take ' th party to Zlon City. Two brothers named Ogden today dis played plcturyt of Dowie in their win- dows. Crowds hissed, crying Take the pictures down." Fifty negro Inhabitants of Zion are eteadfaat adherents of ' Dowie. A number of prominent Dowle Ites left their Zlon City home for St. Ixmie to meat their leader and assure him of their support ' . . Shiloh House wUl be opened te receive the "apostle." Mr Dowie will tenderly care for him. believing him Insane, say- ' Ing that he should not be held respon sible for moral deficiency. All comforts . due a sick man will be-accorded htm. He will be met et the station with the brougham, aa ordered. Voliva ssys that Dowie will not be permitted to speak at the tabernacle, but will be forced to hold hi proposed meeting Wedneadayn a vacant lot. Voliva ssys he has ordered that no more ' money be sent to Dowie .. To Zgaor Dowl. . "When Dowie arrlvee In Zlon City Tueaday there will be no cheering multl- . tude and no triumphal procession to Shiloh House, if the program mapped out by Voltva le carried out. 'Having previously pledged practically very on . In Zlon to support himself and th new administration. Overseer Voliva told the '., former folio were of the "first apostle" to simply ignore him. They are told te keep away from the railroad station, re main In their houses and at places of employment and not attend any meet ings Dowie might call. : Voliva and his lieutenant wilt make -an offer, to Dowl to clear out and pas th st of hie life a pensioner of Zlon. Voliva says he haa not the slight est bop that Dowl will accept th proposition. . Dowl - was ' unmercifully denounced from the pulpit la Shiloh tabernacle at . Zion Cltyaby Voliva yesterday, whe de nounced hi former leader as-a liar, a spendthrift and a traitor to his trust and his people. He demanded ef til people who ahould be their future leader and the C.OOO present arose and lgn fled their willingness to follow' Voliva to th and. Zs Boaadly DeaonaeeS. " On the platform with Voliva were Mrs. Dowie. Judge Barnes, head of the ' legal department of Zlon City, and Over" seer a gpelcher. Exell. Cartel and Oran- - - ger. Voltva wore a robe of simple white and black. He described the deplorable conditions he found at Zion City when be arrived a month ago from Australia and took up the management at Dowle'e . command. His remarks were applauded by Mrs.. Dowie. Voliva accused Dowl of having lived tn luxury and squandered the funds ef the church wben the people wer suffer ing from poverty and want Voliva r quested all present to keep away from the railway station, next Tuesday wha Dowl reached Zloa City. - j . ' PORTLAND COLONY TOO. local Sloalste Tote to Cast Their Lai With Vewie'e Baeeeeeor, VeUva. Alleginm- to the new leader of '.Um City.-Who succeeded m dethroning John Alexander Iwwie. sworn st a mew ing" of loel Zlonlsrs In a hull trt t Allsky building yesfrdev. Hr a tin inous vote tlie 1 wirnhrr i.f I1 -colony .of rmn'i's t" r ' Wllhnr O. ' i : i iiprm' l' of the r-' - (ify 1 i , ,. ( 1