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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (July 25, 1906)
v.- ' GOOD cvoiiniG Joiirnd Circulation ' -. ; Tim tTTATinss..' ; j ; rIt tor.i;t an Tbrrdy; acrtlv.'. Yester&tf . Was J ' ' VOL. V. NO. 121. PORTLAND, OREGON, WEDNESDAY EVENING; JULY j, 85. 1CC3. FOURTEEN PAGES, PRICE TWO CENTS. ffiLOTni'SE ij milyuvlv t IliflDSl Surrendered to United States Marshal and ' Is Now in Custody of Authorities. - ; - Session of Court This Morning r Bring Land Fraud Case Down 7 to" Last Stags and It Will Per- , ; haps Go to Jury Tomorrow Nlckell on the Stand." ' - ' Martin' O. Hoke baa beea surrendered St his bondimtn. . The city attoraay of Medford and - (allow -. defendant . of Charlaa Nlckell In tha caaa of conspiracy to auborn perjury -now tm 'trial before JadC Hunt had tha arm of a deputy United States marahal to lean an whan ha earoa to court this morning. Hla bondsman wara released lata, yesterday afternoon, but on account - of hla poor physical condition ho waa not f oroed to apand tha night in JaiL Inetead. ho found comfortable lodgings and gentle ministration at St. Vincent's - hospital, where ha waa kept wader urveIHanc - by representative; of-r United" States r '; Marshal Reed. .;;'" "-- :- - '; Tha bondsman who gave up Hoge ware r Isaiah I Hamilton. William H. Brad- . w and Waahlngton Rawlkiga, all of Madford. Their Joint liability waa . . Recently they became alarmed over ".Treporta that Hoge spell of Illness were not genuine and that tha ball might .', any ,day be .declared forfeited for aoa . appearanae. T Tbla fear .sent the aure - tlee-hurrying- to- Portland. T Conferences - " wara held with various persons, lnclud ' Ing tha defendant, 'and tha result waa . '.that Hog was aurrendered. ..It .la .the ' present Intention of the government to keep the prisoner under (treatment t St. Vlncanfe hospital until the trial la . :.:,., - k-'ty ;.,r-r.-.vr; tT. ......... Case woea to nry Sooa. ' " : The morning aeaaibn In court brought tha proceeding's down to the laat stage. ' Special . Assistant. Attorney-General Heney began hla opening argument this 1 afternoon. Soma time tomorrow morn -'',' Ing th caaa will go to the Jury. 1 -Charles -Nlchalir-' formerly united States commissioner at Medford, waa on the stand moat of the morning under going cross-examination. More than 100 timber land affldavlta bearing hla signature aa tha commissioner who ad ministered the oath were put in evi dence. . ' . . - it waa ahown that : for aoma time after ha tookvfflre ha made use oft "Sprinted forma from which tha cue ' ternary perjury footnote waa omitted; that la March, 1008, hla attention waa , 'called to laxneaa In a-homestead affl- davit aad ha waa requested to be more earefuU that;' noon after' thla warning ha began to use forma containing tha .perjury footnote and kept It up for. a T long time. . Aftsr making this showing the gov ; ernmext put In the Nlckell affidavits for 1004. During tha time that Harry W. Miller waa. operating In Medford r" ', (Continued on Paf our.),' 1 , Ten Indicted Men File Motions: to Quash ln i dictm i ; Were Not; Found, by - Legal Jury. ? 5r-rr7T'v?-;-"?' 1 ' . 1 1 1 . Motiona C to quash tha indictments agalnat them wera filed In tha circuit ..'court this morning by 10 of tha men who were Indicted by the grand Jury "recently for alleged 'conspiracy In tha 8e!!woeirraclhct election frauds. Tha motiona war .filed by Attorneye Wll ', Ham T. Mulr and W.-F. Martin and are all based nn a 'direct attack-on the , validity of tha grind Jury. The grounds ' t on which If la sought to quash tha In , dlctmenta are detailed aa follows: - - That tha- Indictment were not found by a grand Jury aa provided -by -law; (that the grand Jury waa not property drawn and Impaneled; that the grand Jury . waa not a lawful body In that . Oiaf A key ton, after having been ao repted and sworn aa a grand Juror, was .-.discharged -fey-the-court without proper cause or authority, and did "not vote for the Indictments. It la alleged that T. A. Reynolds, who waa aubatltuted for A key son, was not sworn or Impaneled aa a grand Juror according to law; that . ha had no opportunity to' rote for the ", clerk of the grand Jury?-nor- to - ba elected foreman of . that body. Also that the grand Jury waa not drawn at tha tlm'e, place or by the person desig ned by law. t These queatlona have already been de cided by Judge Hears in paaalng upon a similar motion In the Bnclc rase, tba Judge holding that tha grand Jury had IJILL OUST r('Vi ,V ii ' 1 i .cf Logan An nounces; Client Is About Jtq 1 1nstitute Proceedings. Refuses to. Divulge Name of Per son Who Will Make Attempt-- . isakson Asks Judge to Change Hisv Decision "in the - Captain Bruin Case. '-v.,'" -:: Following closely a pen tha decision of Judge Vraaer la the .ouster proceedings against Captain of Polloe Brain, comes the announcement that similar nation Is to be taken' against Detective Thomas' Kay. i who took the examination at the eame time. Attorney - John F. Logan baa been consulted by a client, whose nana ha refuses to reveal, la regard to commencing aa action , to oust Kay. Logan advised hla client that even In the event of Captain Bruin,, taking aa appeal to the supreme court from the decision of JudgeFraaar it -would not prove a bar to instituting an action 4a quo warranto, agalnat the detective. Kay, by hla fearleaa- crusade agalnat all forma of vice In the city, has oat araily made a large number of euemlea among the lawless element. It baa be rumored that a fund of 11,00 hoa been raMeO. to- pay the coat of ousting him from rilaT poeltlon. k Attorney .Logan sunee uiai in papara pave not - yet bee ' prepared and tha matter will .tot held in anoyance until a decision .is reached by thoea anxious to I secure Kay's aoalp. - John Conrad, proprietor of tha Pull man Cafe oa Alder street, between Fourth- nd Fifth, wka arrested test night by Detectives Kay and' Burke and booked on charges of selling liquor to a minor ana xor permitting a- woman of 111 repute to remain about hla saloon.- Seven women who war la the place at the time wera taken Into cus tody and released upon their own reo ogntxance by . Captain Slover. Seemingly under tha lmnraaalMi tttat Judge "Fraaer renders decisions ... to oblige him. former Patrolman Oscar F. Isakson has written a letter to tha Judge aaking him to reconsider hla decision regarding tha want of proper notice by the civil service commission In holding tha examination laat October and paaa Judgment In tha case on aoma other point. Isakson state that be had-nc 111 feeling against Bruin, and that ha only wanted to eee Justice done. He asks tha Judge either to reconsider the decision or to make a ftff..nt j0 the effect that tha decision affected Bruin alone.' It la wall known to attorneye and ot here who are familiar with' the de cision that only Bruln'a position waa In question In the ouster proceedings, and that the Judge could not have Involved the position of any other city lean ploy e, even had he desired to do aa " In order to oust any other employe, yho may . (Continued on- Page Two.) : ftr'' ): .c : 7: been drawn regularly and was a legal and properly constituted body. .The motiona filed .tbla morning are supported by the 'affldavlta of Olaf Akey son and . John Corktahv-who "waa foreman of the grand Jury.., A key son statss . that ha had voted by affidavit In Sellwood precinct and that ha had explained to Judge Seara that he had preferred to "resign because he had heard that several Sellwood people were Involved Inr the Investigation.'' He aaya he waa able and willing to continue aa a grand1 Juror, that the district attorney asked him to remain, and that tha Judge told ' him he- could do aa ha pleased about resigning. Ha aaya ha thought it beat to resign and waa allowed to do so upon . Informing Judge Bears of hla decision. '- Cork I eh made affidavit to tha affect that Oeorge H. Thomas and John T. Milner , made - statements before tha grand Jury without being aworn and furnished namea of a number of peo ple who were later eubpoenaed and ex amined as witnesses.. - .- The motiona will probably not .be heard by the court before the Heptem bar term. The Indicted men for whom motiona to quash, wera filed thje morn ing are: B F. Boynton, T. R. Baldwin, F. C. Holland. W. P. Jerks, A. B. French, Thomas F. Lebrecque, Alfred Drill, Merton Bell, A. R. Dlmlck and J. W. Reed. - .. ',.'.'.. . - s : t. 11 ' ' ' , SPECTER OF - RAWGALS :ABANDO FOflCE ' PftST illiuOTS TftlllOillEli K in! Siill I MLftlM PMci-i Present Statements of Oiiegonian Shown to Be Untrue by Ghost of Its Own Files . 7 Back Numbers of Publication - Reveal f That - Paper's Editor -Was Not Ignorant of Secret Work of Franchise Grabbers, as .'He Now Claims Was the Case. The Oregonlaa aaserta that tha blan ket rranehlaea of the street railway companies wera, obtained- la aecrecy,' aad that tba publlo and tha Oregonlaa luelf had no knowledge of the serious objections to tha granting of such fran chises la advance of the ratification of the new city charter by the leglalatura. The aolumna ' of tha Oregonlaa -die-prove the assertion. r Tha blanket franchisee wera under discussion for four months, from Sep tember, lOOt, to tha middle of January, i00.-r- Papular-Interest waa - strongly aroused, for the Drooosed f ranchiaas aot fonly granted rlghta of great value, for wnion an inadequate oompenaatloa waa to be paid tha city, but they were also to run for a period of years. Aroused by tha warnings of Tha Journal, scores of cltlaena entered protest against any action by tha oeanoll vntU tha charter shooid be U effect. Especially did they object to the granting of 10-year franchise, when the new charter ex pressly provided a limit of 10 years for aii aucn grants. . . , There wera several stormy sessions or tne city oounoll when. the city and suburban franchise, aaase - up- for- dis cussion.' An-aooodnt of dno of these meetings will ba found In tha Oregon lan of December , loot, under , tba bead lines: ' . , MANT PBOPLB SPOKE. . ' ' Council Discusses Blanket. Franchisee la Open Session. Property Owneru Protest Against Ex tension of car L,lnaa and the Clause Which Partially Exempt a Them From Taxation. .' - .(. Teal Waa There. Among tha many cltlaena who were present to voice tbalr objection to the franchises waa J. N. Teal, now described I?7 V1 r"01"" " t "franchise grab.1,pporiri.i: ia-thrtOreTOden7TonS her. aaya I The franchise aald Mr, Teal, la tha most valuable . part of pany'a property. The compensation to the city aa fixed by the ordinance la nothing to, what tha franchise would bring if it wera aaseaaed at lta proper value." Another session or tha oounoll waa held December 10, 1001. and a fall ac count of the proceed lnga waa published the , following morning . In the Ore gonlan.. Several of the oounollmen were opposed to the franchise and oltlsena who were present were again heard. Bays the Oregonlan'a report of tha pro ceedings: ' ' 'J. - N. Teal, one of the f ratnera of the proposed charter, aald a provision of tha ordinance granting a franchise to tha Portland - Railway company waa diametrically . opposed to the charter. Tha ordinance called far an Inspection of the books of the company for the laat five years of tha franchise." , - -were I in tha council.' ' aald Mr. Teal. 1 would never vote for an ordi nance containing that provision. ' The auditor should have tha right to Inspect tha boons at any time and at all tlmae, so that yotk-may legtalata Intelligently on the aobjeot. ' Aa to the life of the franchise, 'IB years la long enough, " . Bally Artlolee Published. ; News articles relative to the blanket franchises wera published almoat dally In the oregonlan during December, 1002, and an interview with Councilman Zlm- ' ' Conttnued.,on Page Four.) SAGE BURIED IN A 3-TON COFFIN Fear of. Ghouls, Causes, Finan ciers Estate to Spend Twenty ' ' Five , Thousand Oollart 'ZZZL ' to Protect Body. , 1 , New fork. 'July U. To protect the body of Russell Bsge from ghouls the estate will apand 1 10,000. : Encased In a hermetically seeled copper envelope and placed within a solid mahogany cabinet, the body of Russell 8a a a will ba placed in a chilled atael case four Inches thick, riveted with atael bolts and locked with a lock which can neversbe opened, and lowered Into the grave. The steel weighs three tone. It la 7 feet 11 Inches In length, I feet 0 tnrhea la depth and t feet lacbea in width., . if v jfJ imili. I llUUUIHIi IrllUU IliULlJa m .. GEHERAL STRIKE AT RIGil ' ' 1 I j Grafi l)Bka Michael Alexandroritch, -' with ' Death, and .Chief .,,1 if t FATHERrOF2 OFRAISINp.GITIZENS:r IN JAIL: FOR A: REST (Jeorasl OpecUX terries.) New York. July IJ. "I am tha father r JJ "Children; Judge, your honor,-aald Valentine Tonknowskl ,' in the Qatea avenue court., "and I wish 'you would and ma . to Jail, for life. I want to roaL" i. '' ' . i ' Tonknowskl, a Brownsville tailor, was summoned Into court by hla aeoond wife, Louisa, who aald he had failed to WILLIAMS BRYAN TO PUBLIC (Jearsal Special Berries.) Waahlngton, D. C. July 16. "Give up the Idea of advocating public owner ship of railroads if you want the sup port of the solid south in 1008" will be the' message that John Sharp Williams, Democratic house leader, will convey to William J. Bryan whan 'ha meets him abroad In a short time. Williams will urge this on Bryan with all the energy ha can muster. . ,. SURVEY OCEAN BEDTO SEE IF QUAKE MOVED IT , J ' A - " (Jeoraal gpeeisl Berries.) Tomalee. Cat.. July II. Tba United States soverament haa a number of men at work anound the place of Bollnaa erecting aurvey poles for the purpose of snaking a hew -aurvey-of -the whole Immediately after tha tteel box and lta contenta are lowered Into the grave electrical connections will be made and will ba strung ao that an Immediate alarm , will be given. If an attempt la made to tamper with the remalna..-; ; The extraordinary efforta to thwart the attempts of grave robbers are sanc tioned by Mrs. Bags and her oloaeat ad visors. Mrs. Sage has hsd a dread of grave robber since the stealing Of the body of A. T. Stewart, r ?, Tha expenditure for thla protection and for tha coffin and accessories will be greater, ao fr aa la known, than any aum expended In the burial of any other private eltlsen In the United States and la In striking contrast with . the rigid economies prsctloed duringlhe long life of Mr. Bag:'-' r".." t ,The coffin, with Us copper Inside and mahogany, handles cost approximately 11.000 and tha steel caaa and patent lock eoat $23,000. Hdr to Throna ki Cm of Caro-, Alvibr6F the? 'Ciar' '.r,"v.r .. TT , V. ; f .!-; - :' . nokskl, who wore v long white beard, shrugged his shoulders. -rTea.,; he said, "I'do not eend any more money on tp her and thO 10, but my first wife and I had It children. For those and for these I have apent $11,000 Just raising them. I am tired. I get no thanks. Why should I always slave to raise cltliens? Loch ma up,tip I die." f - He refused. to pay It a week to hla wife and went to Jail for six months In defaurroriioo-bart 4- ABANDON . OWNERSHIP That Bryan: haa reached a point where he la about ready to take up with gov ernment ownership of railroads as a policy to be advocated In the Demo cratic platform la generally believed. Williams will tell Bryan this la not popular In tha south, whera there la a strong feeling agalnat It . because of state - rlghta prejudices, and the Idea that government' ownerahlp would nul lify the present -J,n Crow--ear - ar rangementa. ,' Jt V ocean and bay shore. 'The purpose of tba aurvey .la to ascertain scondltlona existing before and after tha earth quake. , .. . , . It la 'the opinion of tha engineers i work that the land In end around To males bay and Bollnaa moved eight feet oceanward. In order to ascertain this fact tha engineers will place flag poles on 'the aummlta of the rangee to the north end of tha bay and from these points 'they can make calculations. It wilt take several months to complete tha - eurvey.t,--. Chilled Steel Case, Riveted With Bolts, Locked With Lock That Cannot Be Opened. Low-CZT ' ered Into Crave. " ' The steel case Is of. such hardneaa that It would take two expert aafa ex aminers a full day to break the outer" shell, aad .than only by tha employment of specially constructed tools. . It will be laid In a bed of solid concrete and .covered with the same material.. . Mra. Saga . and friend. In a Opeclal car. left with the; body for Troy Jthlo morning, where the remalna will be Interred. The burial eervlca will ba read by Dr. H carman, . Superstition of Peasants for Little Father and - Loyalty ot Troops, Prevent Spread of Re volt Doiim Members Issue Address Urg ing : People to -Prove by SelfrControl ; Fit ness for' Government. llwuf Bnt.t bnl-l St. Petersburg, July It. The govern ment is In full oontrol of tha eltuatlon. Dissatisfaction among tha troop Is ap parent 'only in- minor Instances .and not auffloient to cause greet alarm. Bloodshed, arson and thievery continues in varloua provinces, but the ableat leaders of the constitutional party recognise the danger of an attempt at tha preaent time -to carry out tha radi cal program and advise conservative action. Terrorists will keep tha pot boiling all summer and fall, but tha real friends of liberty will undoubtedly aocept the con ditions and bend, every effort toward electing to the next parliament repre sentatives who.-will secure the ends sought by 'p,I. diplomacy rather than destroy chncrt;by wild antagonism af tha aoverrunentA : ... Terrorists, kad even many of the mors enugntened radical a rail torecogiuae the superstitious reverence, amounting to-worahla, that the average peasant has for the car. upon thla superstition rests tha military power and It will take too much to break It. . Tha revolution la not universal enough to ba successful at preaent. . ,i ; Qoiniaal aaMlaaloa. Count Hoyden, Prince layoff and H. Btakovltch, tha donma members who refused to sign tha rlborg manifesto, today Issued a separata appeal to the people to quietly aubmlt to the dissolu tion of parliament and prepare for the election of a new body. . They point out that tha amparor la within hla constitu tional rlghta under, tha fundamental law, and aay they think It would be a crime amidst the present dangers to at tempt to shake off the sovereign power. They urge the people to prove by self control that they are fit for aelf gov ernment, and declare that resistance Will bring Russia Into final economic and political ruin. , The massing of troops at Moeoow continues. The city la under aeml-mar-tlal law. ... A steamer load of Finnish workmen atnglng tha Marseilles arrived at RoyaL but were not allowed to land. They sought to Join the revolutionists ashore. Nine - thousand, factory, worklngmen struck at Riga today. . minting Ooattaasa, Rioting In many provinces, massacres and assassination of peasants and Jewa by police and government official are reported today, though the strong cen sorship exercised by the government la Chauffeur Leaps From way Vehicle and Checks Its Mad Flight K; n i rvTi s aA aw ni .(Jearsal gpertat gervlee.). Karraganaett Pier. R. IM Jury li. One of the moat daring feats that haa aver been seen In this section was per formed by Ned Crane,, chauffeur for P. F. Collier, yesterday when -ha Jumped from hie machine Into an ' automobile running wild and brought tha machine under control, saving three Uvea Crane la aa expert racer, having made a record In endurance races, besides winning automobile races at Pittsburg, Asbury Park and ReedvllWf. . Fie was on hla way from CoIllera villa to a garage when he cam upon a machine going in the earn, direction WOULD NOT DESTROY CAPTURED WARSHIPS London, July 11. -The conferencea of tha Interparliamentary union ended to day, after the adoption of a resolution advising The- Hague conference to define contraband aa' restricted to arm, mu nition and explosives, and that cap tured ahlpa should not ba destroyed; that even between belligerents private property should ba Immune. The resolution favored discussion by Tha Hague conference of meana to rut down tha Intolerable expenditures for arable expenditures ; armament. .in i iiiiu iv oavu, i nice.. Lived. successful In auppreaalng . new, only meager reports getting through. Colonel Bsiamantorr of the police f orea waa stabbed to death thla morning at War saw, hla assassin escaping. . ........ The donma has arranged a direct al liance with . the secret revolutionary forces tor tha distribution of hundreds of thousands of copies of the revolutionary-manifesto, advising the people not to pay taxes or to serve in the army. In' aplta of government efforts. the-- manifesto haa been printed and la being ecretly circulated. . To Bxtezmlaate Ubeiala. - When Premier Stolypin issued hla manifesto to tha governor-generals, gov ernors and prefects throughout tteta-"""' ptrv.to "crush the enemies of society," Including the landeo and educated classes of the constitutional democratic ItartV ka' mil l! tha V.nltiHml.ta mw.A soclallstSL the-intention of tha govern-" merit to no longer dodge war, but to coma- into the open and fight tooth and nail agalnat tha progressive movement - disclosed. - r----j Cluba'of tha people cleaned aa "the- enemies of society- by the premier all . over the . land have been closed and progressive newspapers are being sup pressed by the stricteat censorship. It la Impossible to obtain accurate newa of uprisings and disturbances through tha press, aa tha eenaora "doctor tha reports In such a manner that they tell of condltlona entirely apaYt from the real, state of effarrm-'ln-the' caaa of tha attack on tha officers' club by a band of artilleryman rrom the fortress. in wnion two orricers were killed, tha. newapapera ahowed that It avaa a fire at tha dub In which tha deaths occurred. BebeUloa la South.' Difficulty la being experienced by tha government In consummating lta plana for -an enlaigod cabinet, as The states- ' men upon whom they depended to ao cept ministries without a portfolio hava refused to act, with ana or two excep- tlona. . '. - - -' That tha rebellion will rise ta tha aouth and aweep ateadlly northward la tha general belief now. Taking thla Into consideration tha proletariat or ganlxatlona may postpone tha calling of a general atrtka from St. Petersburg until such time aa tha outbreak haa swept up' northward toward tha two capitals far enough to engender tha spirit of revolt sufficiently to assure tha ' (Continued on Page Two.) Motor Car Into Runa ia n nmn ' and for a short time ran behind It, but Anally turned out to paaa Aa ha did aa '. ha aaw the chauffeur reel over and fall forward, thua leaving the machine, with- - out a guiding hand. The auto waa rua -nlng at a 10-mlle ellp and Crane at once aaw tha perilous position of thre ' ladles who were ta the machine. Ha brought hi machine to the side of tha ' other, turned off tha power and made a Jump for the automobile running wild. Landing safely he quickly brought tha machine to a standstill Just in time ta save It from dashing agalnat a tree, Tha automobile belonga to R. M. Wll- ' llama of New Tark and la It were Mrs, Haaa and two ether ladlea. . . ADMIRALSWINBURN""" h SUCCEEDS GOODRICH " (Jnarsa! peetat servteej ' Washington. July 1L Rear Admiral wtnborn baa- bean aealgrad to - t -e aoma. and of the Peel eiiedron. wi the erutsar Chicago aa hla flagehfp, re lieving Admiral Ooodrlch. ' Tiaag-e Seatroyed by Watsvapeatb (ftariel MpM-tel arli.( Lyons, r'ram-e. July U. A ,r hear here was ostrnyel by e w- spout. At lesst I person are f -- 1 i the loa la '1 .