GOOD CVGIIIIIG
: ,'; TH36 WTATi:Z2. . ;
Warmer this afternoon) fair to-
tjlght; Saturday fair and continued
warm; northerly winds.
VOL. V. - NO. 123.
PORTLAND, OREGON, FRIDAY EVENINO. JULY 27, 1SC3. SIXTEEN PAGES.
PRICE TWO CENTS. JJZ!.?
TIED BY f LAIliC
K
UUST SI2i
Judge Decide? Bailiff
McDonald Is Entitled
tofieefcive His Salary
From the City. V
Decision Placet Unlimited Power
In Hands of the Council, Ds
; ; Clares Attorney Logan, Court
sel for McDonald, and Involves
' Construction of the Charter.
- Judge Gantenbeln of the circuit court
thla morning' decided that It le the duty
of Mayor Lane to alga the warrant for
the salary for Bailiff James McDonald
of the municipal court,.
"The judge's declaion la Important, be
cause of involving a construction of the
new charter that has never been passed
upon before. , It waa conceded that 'the
council had the right to paaa an ordi
nance creatine the poeltloa of bailiff of
the municipal court, but .the mayor eon-
. tended! that the appointment oT the' man
, who waa to hold the position-belonged
, either. to him or to the civil service
r? commission. - r ;-rifJt&j-
;.'', iraaa'xioga Says, i . .' -
--.-"Judge-. Gaateabeinj conetruatloAif
; the charter places . almoat unlimited
; power ta the hande of toe oounctv said
t John F. Logan, attorney for McDonald,
The council can, if they choose, create
2. ee many new offices ea they want and
appoint their own men . to fill them.
' For Instance, If they wlah to Bunai-nede
' a captain of police.' they might, create
the office of inspeotor of peiloe. hay.
: Ing the aame dutiee aa a captain now
haev- then- refuse no appropriate fundi
to pay .tne captain. - .v -;-,';.
' rne reauit wouia do tnat the cap.
tain would be down and out .and the
' lnapector, - the oouaoll'a appointee,
would have, the plum. The aame ex
ample would apply to every office In
J. the city except those filled by popular
election. The' council by : that means
could fill every office now filled either
; ' by the mayor's appointments or by elvll,
: service examinations.'
'" Waa. Charter Frovldea. . v
" . Section let of the city charter pre-
vldee that "The mayor shall appoint
' all fifflnars nf the city who alantWm
- or appointment la not otherwise ex-
pressly provided for la this charter or
y lw." . . - . -
Judge Oentenbeln held that the' last
"phrase "by law means by-statute or
' by ordinance, and that an appointment
'' by ordinance la an appointment by law
- and . therefore does not - Infringe ' the
, mayor's rights of appointment ;
. . "There la no restriction on the right
. of the council to provide by ordinance
. for an appointment of this kind," said
' the Judge, "and the appointment of Mo
Donald as bailiff - was vested ln the
common council by reason of this ordi-
nance." . Judge Oentenbeln said the
.. appointment of McDonald by the eoun-
cll did not conflict with the civil service
provision, which says ' that all, off Ices
shall be filled through the civil service
commission except those that are filled
by popular election, by appointment of
eounoU, or otherwise.
The ordinance creating the position of
bailiff of the municipal court, fixing the
salary at 8 a month, and appointing
'McDonald to the-position, waa first
' passed by the council In April. Mayor
tiane vetoed the measure, and on May I
the ordinance waa . passed over - the
: mayor's veto by a veto of 11 to t. Mo
Donald - began his 'duties May t. and
' when -the auditor had Issued a warrant
. to him for his salary for May, the
mayor refused to sign the warrant. Pro-
' eeedlngs to compel the signing by a
.writ of mandamus were begun In the
circuit court, and Judge Oentenbeln this
- morning ruled that it was the duty of
the mayor to sign the warrant.
The mayor's attorneys, R. W. Mon
' tague and T. O. Greene, asked a stay of
Judgment for five days to allow them
time to decide whether to appeal." Mo
Donald waa represented by Attorneys
John P.. Logan and John C Shlllock.
BERNHARDTiSrKISSED
'BY STAGE CARPENTER
WffOM SHE DISLIKED
. (Jeuratl gpeelal serrlce.)
! New Tork, July IT. Now that the
, "Divine Sarah" Bernhardt has departed
snd has returned to Franoe to watch her
son Maurloe spend the 1150,000 she
- cleared on her recent farewell tour of
the United . States, ' soms intereetlng
Stories are told of her experience here.
One concerned "Pete," a stage carpen
ter, who waa with her on toua. - Bern
hardt greatly disliked Pete, and when it
was proposed he should attend the fare
well banquet lo her given by A. Huberts
at the .Cafe Beaux Arte, aha rebelled.
mm
BOOu fAS
Organized, Labor After
Vice - President J.for
LEnmity Shown Dur
ing" Business Career
Indiana Swinging Into Line for
Uncle Joe Cannon on Account
of iQuarels Between Aspirant
and Local Politicians Candi
date Too Close to Wall Street.
(Wsshlagtee Bareas ef The JearaaL) '
- Washingtoa-July IT. Vice-President
ralrbanks' boom for the' presidency is
flattening out fast. The probability Is
that the Indlaaan will not even be con
sidered a possibility by the time the
national Republican convention assem
bles. Tor. this oondlUon.ofaffalri the
vice-president can thank organised labor
and Its new-bora Interest In politics as
well as the lack of loyalty to him In
his own states his corporation record,
and his frisndllneas towards Wall street.
r Word, come froea IiuMaM that Vlc
President ralrbanks is much worried
ever the disposition of hla followers in
that 'state -40: flock to the standard pf
"Uncle joe cannon, v me uanaon Doom
Is Just getting ander headway. Among
the speQJter-i.warta frleniis and artmereta
In Indiana la Venator Hem en way. on
whose political sagacity Vloe-President
Fairbanks has Been dispose to reiy in
advancing hla- presidential aspirations.
Senator Hem en way makes no conceal'
ment of his great Admiration for "Uncle
Joe," and well he may, for the speaker
did more to make Hemenway politically
tnan any outer one i actor.
Semen way an Baejnjt
There was some feeling between, the
friends of .Fairbanks and those of Hem
enway about the time that the-latter
waa elected to tne senate. Fairbanks
had promised Hemenway his support
against Harry New, - Congressman
Land Is and Governor Durbln, but under
the stress of conditions he seemed, to
weaken at a critical point,- and the re
sult waa a.-stormy. Interview, at which
Hemenway threatened to withdraw from
the race and denounce Fairbanks for
broken .faith. But mutual friends inter
fered and Hemenway remained In the
raoe and won, but he has always claimed
that he Owed nothing to Fairbanks, who
has been cultivating him - assiduously
as the head Of the new Republican or
ganisation -In Indiana - . v"
Now It Is understood that Hemenway
is working for the advancement of
"Uncle Joe. and there le trouble on the
Wabash, Cannon Is to be brought Into
Indiana and whirled through , the state
on a special train during the campaign,
and Congressman Watson of Indiana Is
also to accompany "Uncle Joe" on the
tour he Is to make of the country, which
Is to be the formal launching of the
Cannon boom. : ; w . , ., ;
'Cannon's Band .Wee-oaT '
Friends of Mr. Fairbanks have Quiet
ly made known thoir strong disapproval
or tne plan to bring Cannon Into the
state and have Intimated. to Conrre so
man watson that he should not give
his sanction to the Cannon boom while
Fairbanks remains a candidate. But
Mr.' Watson refuses to bo moved from
his purpose and will accompany Uncle
Joe on his swing around the circle.. The
truth is that the Indiana congressional
contingent have decided that Fairbanks
cannot be nominated for president on
account of hla railroad connections;' or.
If nominated, - would be weakened ' by
his well-known hostility to labor or
ganisations. ' . .v
The representative of labor organi
sations In Washington made a search
of Fairbanks' record as "soon as his
name waa first mentioned for president
and - makes the interesting announce
ment that tie la the least acceptable to
labor organisations ef any of the men
thua far mentioned for the Republican
nomination. . i,.- .'-'. ..
' Bepreeents Wan anises, ' .
The representatives of the labor or
ganisatlons In their legislative work In
Washington claim, to have developed the
fact . that Fairbanks while attorney for
the receiver of an Indiana railroad In
(Continued on Page Three.)
but later relented after It waa urged
that the banquet waa to be a sort of
family affair, . Including managers,
actors and other attaches.
After the wine had been changed eev
eral times Fete waa the liveliest person
at the banquet Ae Bernherdt was say
ing good-bye to all Pete butted In. He
drew the great actress gently to him
and kissed her affectionately , on eeca
cheek. - She turned all colore -of the
rainbow and hastened to her carriage, as
Pete turned to the other banqueters and
; "Ain't aba a great old girl.-'
WOMAN DROUGHT
R'" 'i f " l -u: ' su 11
Blj?' rt'
Mrs. J. Leali Comba, W0 Watlivtrnjnen' In Endins Central Amer
lean War, and Her Husband, U. 8. Minister toQuatemala. Below la
Captain' W.' LrMerry, Consul General to Costa Rica.'
IS
ilRRillGIJEDIfl;
FEDERAL COURT
1
Faces, Trial on Double Charge of
Subornation of Perjury and
Enters - Plea of-Not Guilty
Case Has Special Significance
- and Wilf Be Fought HardTfT '
Hamilton,' H7 Hendricks, formerly
United States commissioner at Fossil,
Wheeler coynty, waa brought to trial
this morning in ths federal court on a
double charge of subornation of per
jury, r He. la ..accused by. Indictment of
inducing .George W. Hawk and Clyde
Brown to give false testimony to a- fed
eral . grand -Jury in regard to their
homestead entries.
v The ease Is more Important than ap
pears on the surface, for it marks the
beginning of the battle In court to free
the men connected with the Butte Creek
land and livestock case and charged
with fencing off a large portion of Un
cle Sam's domain. The Hendricks case is
one of those skirmishes that often have
an important bearing on the , big:, en
gagement that follows. In the present
Instance the great test . Is not due for
several . weeke yet, but skirmishes are
certain to occur at short intervals. ; , -
Floada srot OnUty. . , - '4 -' '
When 'the case of Hendricks' 'was
called, this morning ' Special Assistant
Attorney-General - Heney -and ' United
States Attorney ' Bristol ! appeared' for
the ' government, and .'.ex-Judge A. B.
Bennett of The Dalles answered ready
for the defendant i Hendricks Sput In a
belated plea of not guilty,. and then the
work of -selecting a Jury -was takem up
and pressed to completion. y ...
Twenty members of the t panel Were
examined in alt . William Beard and
Philip A. Oravea, who served" on ' the
Nlckell-Hoge jury, were exoused by the
court ' Judge Hunt also excused Eman
uel S Bru baker, who was disqualified
by reason -of drawing pay from ; the
(Continued on- Pago Tea)
lfAttvMvMe ii
Mia summer
HENDRICKS
,FOR WOMEN The latest fashiona, with 'suggestions on keeping health' and beauty; how girls work
' their way through college; caring ' for' baby while the mother works, and a page of pretty babies.
FOR MEN "The Democracy of ? W. J. Bryan," by C E. S. Wood; hints in how to win success; drain-
- ing a great sea; roll of honor among the, firemen. ; " ; ' . ' : , ,
FOR , THE "YOUNO Stories,, games, 'putties and the "funnies", Happy Hooligan, Lulu and, Leander-
':: arid Little Jimmie,' old friends who are very welcome to the boys and girls.
THESE FEATURES and a' hundred more that will interest amuse and instruct everybody, with the
. latest. in church, music halls theatres,' bookshops and studios and alt the news of the day are to be
Z " found only :'"'
ft' J-IN THE
PEACE TO NATIONS
Americans
Who; Ended
Conflict
Between
Guatemala
r and
Salvador.
SINGLE HANDED I
RAIDS CHINESE
GAfslBLING JOINT
Halr-Raising Experience Almost
, Costs Ufa of ; 'Frisco : Officer
' , Who Alone Captures . Seven-
teen Celestials" After Battiejn
Which Many Are Hurt. V
" (loaraal spaelal aarvlee.)
San ' Francisco. ' July t7. Captain
Henry Oleeson of the park police station
yesterday had a hair-raising experience
which almost coat him his life' in an
attempted raid, single-handed, on a Chi
nese, gambling place on Turk street
near Pleroe. The, of fteere. experience
, (Continued on Page Two.)
LEWIS AND CLARK
-DIRECTORS TO MEET
:y President H..W.'Ooode of the
Lewis and - Clark Bxposttlon
4. . corporation stated today that a
4 . meeting of thwboard of directors
w of that corporation would be held
next Thursday. .
. At that time the board is
scheduled to pass resolutions
4 , ordering the distribution of the
4 ' surplus among the various stock
d ' holders. , A member of the board
of directors said today that a
4 distribution of SO per cent would
' be declared , next i Thursday.
4 Later, after the business hae
. been entirely closed up, anotner
1 distribution of ( per cent wUl be
made. This means that next
Thursday tSO.000 will be dls- ,
trlbuted and that f 10.000 will be '
. handed out a few days later. ,
Next Thursday's meeting will
be the Brat held by the board of
directors since March L ; -
eee
Read ing for
1' .-T-- 'J "
. SUNDAY JOURNAL
1,420: IN MA TES
SAVED
SHALL AL:ERICA!1REPUBLICS
CURYTHE HATCHET-
r
i'e
Permanent Peace Follows Meet
' ' Ing of Commission on the
Marblehead. ' 1
(Joareal Ipeelal swrlee.)
Washington. July IT Peace finally
reigns between - the belligerent eoun
tries of Central America, due primarily
to the efforts of Mrs. Leslie M. Combs,
wife of the United States minister to
Ouatemala. whose diplomacy smoothed
the path ef the peace commissioners
and enabled the conclusion of a treaty
between Ouatemala and Salvador.
Negotiations were brief. They took
place aboard the cruiser. Marblehead.
-Word has been received from the
capitals of the two countries notifying
thle government that the treaty will be
ratified, by both. . v .
3.
3
iiniRnuimmM"
ateiriTlfl i jninvr .evrerwr vhso
BOTH
VOLIVA DEPOSED
"BY COURT ORDER
Federal Judge Landls to Exer
cise Personal Supervision of
Zion's , Affainv Members to
Vote for Spiritual HetdJ. C.
Hately Appointed Receiver.
' Jeeraal Ipeelal Servlee.1
Chicago, .July IT After months of
struggle the fight between John Alex.
ender Dowle, founder of Zlon City and
first apostle of the Christian Catholle
church, ; and Wilbur ' Vollva, . who
usurped ' his authority, and Overseei
Granger has come to an end, all three
being ousted by Judge Lendls of the
federal court, the people of Zlon betas,
given self-government.
The fight for the control -at Zion
City has been waged tang and bitterly
and it la with a algh of relief that the
people who have Invested their savings
welcome the decision of Judge Landia,
made today at Chicago.
The court deposed Dowle, Vollva and
Granger from control of the affaire of
Kion and ordered the election under-the
Illinois laws, each Zlonlte over II vot
ing, for a spiritual bead. The temporal
and financial affairs are to be adminis
tered by John C -Hately, who is appoint
ed receiver. ..........
The church publication, "ueavee of
Healing,' le ordered to print the court's
decision and then cease publication. The
election will be held In December. .The
court provides for Dowle' s maintenance.
(Continued on Page Two.)
eeewj
Everytpy J
'i... .;
:'
DOVIE AND
BY FIRE DRILL
RaAHIACS PROVE HEROES
VALIANTLY FIGHTIJG TO
SUBDUE SEETHING BLAZE
Two Upper Floors of North Wing of Imfnenso
Structure Completely Gutted No Accidents
" and No Loss of Life More Violent Patients
! Removed ; From Building and Guarded in
Yard-Cro$sed Wires Cause Conflagration .
-itttU Pwsetab -W The Jonraal.)
, Salem; Or July 17. Faithful drill In
flre-flghting which Superintendent Cal
bralth has required , of the most able in
mates of the Oregon state Insane asy
lum was the meaae of saving the lives
of 1,410 weak-minded and Insane people
this morning when a blase broke out
lathe north wing of the great -institution
here and gutted the two upper ato
nes. ,. When the fire waa discovered at 10:10
o'olock this morning the regular fire
drill call waa made and the patten ta be
longing to the lire squad quietly formed
themselves Into a brigade and after
marching" the more helpless inmates into
the garden surrounding the Institution
commenced their battle with the Dames
with the cool etterlor of old experienced
metropolitan firemen, who have lived in
their work. So able did the squad prove
that the blase waa under control at
: ion, the damage having amounted to
little more than 16,000, aad not a soul
being injured. ; . . . . . .
T'"'- racmes Plaoovered Blase. , ;
At the same time the alarm was
turned in at the asylum by Thomas
Brown, a farmer who was driving by
and saw ths flames - pouring from the
roof of the north wing, the olty depart
ment waa apprised of the danger to the
Institution and the entire force of city
f ire-f lghters was soon on a mad flight
to the outskirts of town, where the
asylum la located, to assist In saving
the burning building.
Under Engineer Strang the asylum
fire squad worked vigorously while Dr.
Calbreatb. the superintendent of the
asylum, attended to the supervision of
the guarding of the patients who were
confined in the grounds.
Doubly dangerous was ths bias be
cause of the heavily oil ad floors, and
for a time It appeared as though the en
tire building, an Immense four-story
brick structure with a big basement,
was doomed to destruction. The fact
that there was a big Tire hose situated
upon each floor of the building. In every
ward, greatly expedited the fighting of
the fire. The members of the squad
quickly had these In action, and huge
streams of water, pouring upon the
flames. ' . -
With unceasing effort the brave fire
fighters labored and after nearly two
hours, hsrd battle succeeded In getting
the conflagration under their control. ,
- Kotrt yatlsnte ta Oatden. .
Fortunately most of the inmatee were
out in the grounds snd when the alarm
waa given the attendanta placed the
women in a small garden. . The men
were being marched Into a building
after their morning exercise,' but were
Immediately marched back and held In
an onoloeure near by, where they were
strongly guarded. All the patients were
then taken out of the buildings exoept
the ' most vicious ones, who were
watched closely. -
- The fire.wao. probably due to the
crossing of electrlo wires.
Eleven trusties from the penitentiary
assisted In Oghtlng.the fire. No floors
were burned and the damage waa moatly
caused by water on the top floor, and
the roof Is badly damaged. There waa
no Insurance on the building. .
The number' of patients confined le
1.410 and they are guarded by 171 emi
ptoyes. . ' : .i, .'
The state Insane asylum Is a vast
etruotnre of brio. There ere practi
cally Ave stories, the basement being
spacious and Is utilised for a laundry
and kitchen. - The floors throughout the
Institution are of the finest hardwood
and are saturated with oil. which fact
hae in the past oaosed apprehension for
the -safety-of the- patients -in- the erent
of a lire. On this account extra pre
SANTOS DUMONT AND
FLYING MACHINE TO
BE SHOT
., (Jeansl 8pHal Strrtee.)
Parts, July 17. M. Bantoe Duraomt,
unable to find suitable ground for fly
ing, machine experiments, has with his
characteristic energy solved the prob
lem In enother manner. Hitherto . be
hae endeavored to acquire the neceesary
momentum by towing hie apparatus
some ' let sne along the ground. Rpece
being limited, he Intends to uee an In
nllned Jilane end a sort of catapult, the
LIVES
cautions have been taken by Superin
tendent Calbraith and the well-drilled"
Are equad brought Into existence. . -
Flre-flghtlng appliances of all de
scriptions are to be found throughout
the building end today's blase proved
the effectiveness of the precautions
taken. .:- ... ,
gloom Tamable.
The fact that the floors were not dam
aged by the fire means that a heavy loss
waa prevented, for It Is conceded that
these are not to be equaled anywhere In
the westr From morning till nlgbt
simple-minded Inmatee for whom some
occupation must be found are employed
trr reoilln g and blocking down the hard
wood of the corridors, dining hall, reception-rooms,
cells, ballroom and of
fices. The result of- this treatment la
floors of a quality beyond description.'
Fire glrtere Mildly Insane. '
Those patients who are admitted to.
the flre squad are Inmatee of ths insti
tution - who, while- possibly- Insane on -soms
. one subject, have possession -of
their light minds In other respects and
are capable of dealing with an emer
gency like that of thle morning. .
Had the asylum been destroyed ft.
would have entailed a greater loae tav
the state than almost any other posses
sion. The building Itself Is represent
tlve of a large sum of money and It la
equipped throughout with modern ap
pliances. The laundry In the basement
Is an immense affair and the machinery;
to be -found there Is . very valuable,
modern methods being .required to
handle the washing of the clothee cf a
great colony of more than 14,0e people, -
.. Beantlfai tlromBds. v
The grounds surrounding- the asryiuns
are beautlfut-and the burning of tho
Institution would have meant the de
struction of one of the most ploturesqoo
public gardens in the state. They have
been kept In condition by a force of the
older men among the Inmates, simple
minded old fellows who require exer
cise In the open air and enjoy, working .
with the .earth. V
PROFESSOR CONDEMNS
PEEK-A-BOO WAISTS
(Jeeraal Speelal tfervtce.)
Madison. -Wis.. July 17. In a leotwro
at the state university today. Miss Abby
Mayhew, dean of women at the school,
condemned "peekaboo waists end tight
lacing petticoats and spoke In favor
of large shoes, tow-neck dresses and
round garters; She said thas In time,
if - women want freedom, they would
wear a gymnastum-llks costume.
MINNOWS PREVENTIVE
. FOR YELLOW FEVER
' ' (Journal gpeelal flervlee.)
New Orleans, La., July 17. City
Health Officer Dr. Kohnke today said
he would ask the government to estab
lish a brooding station for top minnows,
which will be used Instead of ell In
stagnant pools to destroy mosquitoes.
ROBERTS GETS TWENTY . '
YEARS FOR HIS CRIUtE
(Joersat Bpeetal Benrlre.)
Chicago, July 17. George Oltt Rob
erts wss sentenced to 10 years' Im-
prlsonment thle - morning for killing
County Commissioner Klopf last fall
during a primary- election.- The csso
will be taken to the supreme court
OUT OF GlA
projectile being the. methlne and h!
self.
This gun eonslss of two tube.
wllhln the other. The Inner tnhe H
back by powerful aprln-s, while I .
tremlty of the enter tuo fee's
the flying marhlne peer the pn ,
When the button le pr4 t I
tube will be re'esid anil sir M
rhino with a foree n y t
that of the sceii..v. . .
proficlier ,