Image provided by: University of Oregon Libraries; Eugene, OR
About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (July 27, 1906)
TII3 0Z2:i DAILY '. J. i v-a " ' T "T" ..a 1W1omWi A "J. tv-. LECII.1 says special GOOTRACT IS LEGAL 1(1 lEl'IYOitK REACHED RENEWAL VERDICT III SIX HOURS Say H Has Utter From At torny-Cenral of That 8tat -' , 1 to That Effect. MUTUAL RESERVE DOES BUSINESS THERE, HE SAYS Attorney . Havea Rcpllee That New r York OfficW la in Uafua With the Grafter and That 2a Reaaon v ' Company la Allowed to Operate. . ' . Marlon B. Iteechaav the local' attar , Mr (or the Matual Reserve Ufa Insur ance company,- wrftea a letter to The Y Journal defending tha Mutual Reserve. - Walter Q. Hayee. attorney- tor dlesatla , Dad polloy-holders, oomM back with an- other bunch of indictments against tha V. Mutual Reserve and the "special , re- . ; j newal contract." ileecheraa latter Col . 'I Iowa: .' v . ''-. , ; , ' "Editor of The Journal 1 an strong . : J ly averse to fighting my legal battlae la . t j tha column of tha newspapers, yet la t J behalf of Mr. Kady, special agant et the .Mutual Reserve Lll Inauranoa- com ' pan. I -wish to present the other aide . t T the matter referred to In ail article la -yeaterday's Journal, headed "Haven (or - v Graftera In, Old Oregon.' , . ., . --i "Tha borne oflloe af tha Mutual Re- eerre Inauraaea company la . In New . Tork. ' a etate which baa a atrinaent fentl-rebeto' law, yet. X have a -letter from tha attorney-general of that etate V declaring that the .'apaclal renewal eon , tract' of the fiutual Reserve Insurance . company doee Wot violate the provision! of any New Tork Jaw relative ta lnur ,V aacev '..'''."'.' .,--' l do not care to discuss here "the ' respective merUa of the actlona acalnet Bucknar and Brantt, ae both caaea are ' atUl pepdlag. (Tbe action against H leave - of Heppner waa doc Id ad a faw daye aae i ' ' are Inst him, and aa he baa paid the i Judgment, it "is apparently not his in tentloa to appeal. - "Similar contaacta are Issued .br ' doaen or more companies' of excellent , standing and the brief flaunted ay atr. '--. Bayee la nothing more r laae Anna ' a publication laeaed and controlled ax a - rival . company, whose rottenness, re oenUy exposed, baa aroused the tndlg .' nation of all Christendom. I refer to the Mutual Ufa of New Tork. , 1 know ( b stats wbeaa supreme court has bald this contract illegal, and the Mutual Reserve .and a number of - ,- other companies do not do buatneae In many states, net becauae they cannot, but because they will not eubmlt to the unreasonable demanda of their insur ance commissioner' Vsry truly, u ,. "M. B. MBACHAM." Xayee Makes Beply. la reply to the statement of Meacbant .Mr. Herea. saldx, - L. 1. . . "At leaat one supreme court, that of Michigan, has bald the epeclal renewal contract ta be Illegal, aa may be seon by a referance to'llT Michigan, pake ti. The court held that such a contract waa illant for tha reason that It ni l dis crimination betwaaa policy-hAldersi gave opsclal baneflte to Sine, that It did not give ta athare and that It waa fraud; aa a matter of public policy." "la regard ta the Illegality of the special- contract la New- Tork. the etatute la phun. forbidding any discrimination In favor of the tun class and- of the same expectation of Ufa. - "But Mr. Maachara refers, to a letter from the aUomay-ganersl of New Torg declaring that the special renewal eon tract la not illeaal. WelL the attorney general of New York Is -only a lawyer and hla opinion has ho weigat witn me In tha faoe at the daolsratlon of the Michigan supreme court. The fact Is, the New Tork - attorney-general ta - In with tha graftera himself, aa are other New Tork stats official. The (act that this company continues to do Dullness In New, Tork proves It The atatute there la almost word (or word the asjne aa la In force In the aix states of Art- aona. Montana. Wyoming, Washington, Colorado and Idaho, ' When the etatute went lata effect In these six states the Mutural Reserve quit doing buslneea im mediately." . ;0 t- . rreaaoee rxtated anatemente. -. Mr. Hsyea also produced the printed statements of the - Insurance commis sioners of It different states to ehow that tbe special renewal contract Is a fraod. He as Id that the Mutual Re serve had been excluded from 14 differ ent states sad denounced . the company. for circulating a-contract representing that the company waa doing business la the aix , previously ; mentioned states when It waa not. ' -.. n "When a company issues this contract It la either en tha verge of bankruptcy or It la trying to travel too faat for lis business. It la not willing to abide by a alow and steady growth," declared At torney Bayee. . -:. . J . PETERS DISPOSING , - OF LUMBER BUSINESS ' (Speelai Dispatch ta The' JoarsaL) The Dalles, Or., July 47.- A business change of considerable Importance Is taking place .In this city. J. T. Peters, who baa been In tha lumber business for aver II years,-haa disposed of bis Interest to Hagglne Van Delicti, and the sale will be completed as soon as an Invoice af the goods Is taken. Mr." Hnrgins Is "from Lynd, Waah and Mr. Van Sellen from Seattle. Botn have "bad experience In the buslneea. Aa soon aa the sale' la 'completed Mr. Peters will take a year's rest, during which time be may visit hla old aaatera home In Baltimore.' jfii FISHERMAN DROWNS ' V IN SURF -OFF. ILWACO ' (Special Mspstch. ta The 7oemaU " ' nwaoo, Wash.,- July ST. Tuesday afternoon a fishing boat waa upset and before the 11 fa-saving crew could reach the 'spoC a l"lnn. name anknown,. was drowned.' The great scarcity, pf ilan thin season makes tbe gnlnettars especially daring. They venture eo far put that their boats are carried by the current Into the breakers, . and - nearly ' every day boats are eapslsed, thus keeping the Fort Can by life-saving crew continuously to the rescue...,'.,'. w; . . s Hog and Nickall Daclarad to Da . Guilty of Conspiracy to ; Suborn Perjury. ' - RECOMMENDATION OF . , MERCY MADE BY JURY Maximum Penalty Two' Year and Tan Thousand Dollars Fine; Min imum Thirty Days, or Ona Hun dred Dollars. . ' p-, V';., . BUY5 A N03BY Of Clothes,, fit for, any business man in town, and Just thi -for tha pleasant summer days, if-1 r V.V ydu get it at mi Northwest Corner First end Taylor Iilie Garments are Sold at $15 at Other Stores - ' All Odds and Ends in the house are going at these tiny prices. r - V t . All Summer Suits and Top Coats are "thus cut and slashed: v ; ; $1.00 Shirts at as low as 2&f, ,', .. All $10 and $2.00 Straw Hats now only fl.OO. v. . ; f , . AM Summer Underwear and : i ' 'All Summer Neckwear at Equal Riduc Oiirs Is Not a ; Fake Sale Of trash alleged to bsve been bought somewhere from some body at some monkty impossible reduction Our goode are regular merchandise, uiade at regolar tailoring eetablishmeate, bought In the regular manner and OUR PRICK REDUC TIONS ARK ABSOLUTELY GENUINE. SEW ffifW Jj 6QL.LeO IT CHEAPER" -a - First and Taylor Streets Charles Nickall. former United States commissioner, and Martin O. Hogs, city attorney ; of Medford. atand son vlcted of conspiracy to suborn perjury. The jury that convicted them waa out six hours, and when the- verdict was brought in-ahortly after midnight it car- nea wttn it a recommendation of mercy. The maximum penalty la two years and io.ovu;, tne minimum 10 days or 1100. The result of tbe trial marks a vie tory (or Francis J. Heney. special as- sistaut of the United States attorney general, m . tha first of tha series of land fraud caaea which he Is to Dross- cute at this term of the federal district courts Although the defendants were of no. gnat prominence,- Heney worked as hard aa though two United States senators were the defendants, gathered an immense mass of testimony to prove bis esse, and concluded his effort by arguing long and well to jurors sitting in Judgment. . Ex-Judge Thomas O'Dar made a valiant defense, but against' bis two witnesses, Nlcksll and Hogs, were ranged three doaen persona, all giving damaging testimony, and. In the opinion or those who followed the case, ha did wall to gain, a reoommendatioa to clemency. .. . -1 Were Xndlcted Witt Others. ' Nickel and Hoge were Indicted Jointly with Harry W. Miller and Frank B. Kin- eart both of whom pleaded guilty and testified for ths government. Miller and Klneart. tha latter a timber cruiser, conspired to Induce persons to (lie tim ber claim entries after making an agree ment to sail their claims to the Em mlttaburg of New Zealand, a mythical corporation of which Miller claimed te be the representative. Victims were required to mt from I2S to f 0 aa a location fee. and were told that the Emmlttsburg would fur nish tha monoy for final eroof and than buy tha claim at the price that would yield the entrymen a profit of HOe or 1700. Nlcksll, who was the proprietor of two newspapers, tha Southern Ore gon lan of Medford and the Democratic Times of Jacksonville, printed agree ments for Miller, gave Miller SI S of each lt received (or publication of lo cation notice, and In addition made a special affidavit rata of. 11.60 for each entrymen aent e- hHn by-Mtlrerr Nlcksll. ae United States commis sioner, permitted Miller's victims to swear that they were taking up the land for thslr own exclusive use and benefit, which oath constituted tha perjury re ferred -to tn the- Indictment. Hoge "boosted" the game, getting to each for every entrymen he cent -to Miller, -and the fact that be hollered the Emmltts burg was a genuine corporation did not lessen his offense, ' whleh was that of Inducing others to commit perjury, Oaea tVaata Tea llajra.- :.' -' The case took up 10 days of Judara Hunt s time, three days being lost through tha Illness of Hogs. Argument consumed a day and a half; and It waa o'clock yesterday before Judge Hunt began bis charge to the Jury. This took another hour, aa tha court went deeply into all points Involved In the case. The Jurors retired at o'clock, and five houra later were ready with a verdict, but as Hoge bad to be brought from St. Vincent's . hospital, where -he. Is being kept under surveillance by Deputy United Statee Marshal Glenn Bushey, It waa after IS o'clock before the verdict waa read. - Mrs. Hoge, the faithful wife of Med ford's unfortunate city attorney, was present when the fata of ber husband waa decided. The blow was n bard ana. but she bore up bravely, and, contrary J to expectations; created no - scene. Nlcksll, who Is a dark, glowering sort of a man, betrayed no emotion. , Ex-Judge O'Pey, aa attorney for Charles Nlckell, aaked and waa granted a Stay of 10 days In which to flls a motion for a new trial. If thla la de nied an appeal will be taken to - the United States circuit court Nlckell re tains hie liberty on hla old bond. Hoge ta atUl being cared for by tbe govern ment at St Vlnoent'a hospital. ' :s . ,- ,v SncksU'B Born la pressed. f -- Judge Hunt-this morning- raised Nickell's bond from 14.000 to 15,000, but permitted blm to go on his old bond until , a week - from . next Monday." the data eat fur hla sentence. Hoge, Miller and Klneart were ordered to appear for sentence tomorrow morning. The court announced that If Hoge so desires he can have a postponement 'until the day on which Nlckell Is to appear. The -Jury-that convicted Nlckelf and Hog was made up of Charles C Brad ley. M. F. Dawson. Charlea KuykendalL William Merchant William Beard, Al fred Blmwna, Henry Boge. o. H. Kopf, Milton Damon, E. C. Apperaon, Philip A. Graves and Newton Branson. Five bal lots were taken. tn all, two on Hoge and three on Nlckell. The first ballot on Hogo was as follows: Guilty to, not guilty 1, blank 1. On the second ballot all IS Jurors voted guilty. The flrst two ballots on Nlcksll showed IS (or conviction end two (or acquittal. . After everybody bad agreed to aak clemency (or Nickall another ballot waa taken. resulting , In 'eonviotlon, Tfie recom mendation of. mercy foroloae waa an afterthought . . LOVERS DIE TOGETHER IN WATERS OF DELAWARE tfoaraal Speetal Sentee.) ' . Philadelphia, July 7 Dieaonolnted because their parents would not permit tnem to marry, ouatav Kathka, aged IS years, and Ella Miller, aged It, commit ted eulctde together some time Tuesday aight by Jumping Into the Delaware river. Last night tha bediee of the young oouple, clasped la each other's arms, came to the surface near Chestnut street wharf and were taken from tbe river oy tbe pouee-i Kathke and tbe girl bad been mleelna etnee Tuesday, when they left thslr bomee to vlelt mends In another eart i nm cny. - Tne young man ana woman (ailed to return ta their hoaee that night and tha nest day (hay were re ported to the police aa missing. Tbe morning mail of Wednesday brought a letter to the glrl'e mother, ia which the daughter said the mother would never see ber again. , , Allen Lowla Beat Braae irlnll lD'Jlir' ,. ., - -., (0)I?M , AT 8 A. Twl t "WHAT IS THE PIT?" This question has been asked by every newspaper reader in Portland In ; . every nook and corner of the Rose City you , will hear ;the :questioiv-WHAT.IS;ra THE PIT is a new institution inaugurated af the 7; Golden Eagle, where we will place on sale every day - v a lot of goods at the lowest possible pricex Our New York buyer secures merchandise for TH E PIT every dfiy, which he finds on the" New York max ket at less than tlip maniifacture are "special buys" which he picks up here and there at auc- T tions, clbsingHout sales, mahuiacture and at sales" of traveUng' fiample lines. : They arrive daily in Portland and:are placed in in c FI1 -the day following-arrival; .r '. I" ".' rt " THE PIT will contain bargains with which no other -rstore can -compete.-rt .Wc ,wUl Kuarantee; tiiat if the inef chandisfr on sale imTH EiJBITe anywhere at the same price we Will refund your money for the article and let you keep the goods. .Meet nic at TH E: PIT. Meet faU" your friends at THE PIT, - We intend- to give ' you bargains and THE PIT will supply them. , ; , . r -TCrMORRQ Wat the opening piHE PIT the iirs thousand customers will receive a handsome souvenir. - At THE PIT there will be no waiting for wrapping or change. Cashier and wrapjping facilities are right on th spot :- ' i;' ; ",:"V:V:''''- ' : ' PLAY TH E PIT. As fast as ; the goods go new ones will replace them. The longer you stay and PLAY THE PITv the. more interesting and ' exciting iwiUJt.becbme.':-:' Don't fail to be on hand at the opening tomorrow and receive one of the souvenirs. : ; r DUY AT ?Pff ! IPIM TDE PIT ' 0;iEET HIE :KtllMl::&: ... f JinLij vrnJ. jJ, mn t Tn n n tt m - - : - j - x m l ib v ft m irmm TOT) AND YALIfflll STS. EffliBii CCHTJET 0 ( ... .'ft. .. . f : f r 'K - ., v- 1 . V i
