The Oregon daily journal. (Portland, Or.) 1902-1972, April 23, 1907, Page 8, Image 8

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    THE" i OREGON DAILY tJOURNAU PORTLAND, v TUESDAY ' EVENING, APRIL' 3, -ISQ7.'
V
ul'ERNOR'S SOLUTION W
FOR THE DRILL GIRLS
URDER TRIAL
mi STILL
SEALS LIPS
COLPSSIOi'lERS
HEAR LULira
HAD POWER TO
. MOD "CHICK"
IIEllLE'i
DELAYS OTHERS
TRIAL
ccommends Changs From the
Buckskin Idea to That of A "
' Military Uniform. ' :
PROMOTER OFv COMPANY -ACCEPTS
SUGGESTION
tJovernor Pleads for the Reconciling
and Batlfctylng of All Concerned
and the Advancement of the
Original Scheme. V - ;
Kpcclal Dispatch to The Jesrsal.)
. McMinnvllle, Or., April 21. A com
munication hu been received by Colonel
J. C. OP" from Governor Chamberlain
with reference to the recent criticism
ut the project known as "The Oregon
Olrls Prill Company.",
... Colonel Cooper said today that the
rviKgestlona of Governor Chamberlain
.laed him highly, but a meeting of
the organising board-wlU be necessary
for a change. The change suggested
sill necessitate th purchase Of swords
for the eempanyv .; The sword drill Is
very pretty, and as Colonel Cooper Is
experienced in this line hs. Is amply
rabble of drilling tne gins, int oriu
is after the style of the old army sabre
ii i'.i. - r r - ' ' ;: "
The costumes suggested as that after
the manner of the National guards
.hoiil.l nn doubt catch the eye of mili
tary companies Is the east, who might
lie expected to tender receptions to ths
comnanv.
Word has been received from senator
Poume saying that In Washington he
is doing all" he caa to. give the com-
p.iny prominence at the Jamestown ex
position as well as at th nauonaj cspi
tal. - - :
The Governor1 Letter. .
rjovernor Chamberlain's letter Is to
full as follow: ''',' " ' '
Salem. Or, April 19. 190T Hon J. C
Cooner. McMinnvllle, Or.: My Hear 81r:
I regret very much the recent criticisms
which have been Indulged in wiineiisy
tnee to the "Oregon Girls Drill Com
pany" and their proposed trip to James
town. It Is unfortunate that objection
was not made to th plan at Its Incep
tion. Coming at this lata hour, after
nmny of the young ladies have made
arrangements for th trip. It will cause
nmny bitter disappointments and put
many of th young ladies to Consider
able expense If th trip Is now aban
doned. . i ' " :
In order that th excursion may be
complete success It should bar th,
Ill KEEP NOTED
ACTRESSES AWAY
Refusal to Grant Cordray Permit
to Use Rink Brings Loud i
i " Protestations.
' Unles a special permit Is granted
John F. Cordray to us the skating
rink of the Crystal Ice Storage com
pany on th eaat side ss a theatre. Port
land will not have the opportunity of
seeing thla summer Mrs. Flske, Mary
Mannerlng and a number of Shubert at
tractions. Including Julia Marlowe. : ;
Mr. Cordray requested th permit, but !
at a meeting of Fir Chief Campbell.'
i Ire Marshal Roberts and Building In
spector Spencer yesterday It waa rec
ommended to the fir commissioners that
tho permit be denied. . It waa argued
that the granting et the permit would
be-a direct . violation of th city ordl
nnnces. -, - "' ' "
' Kast side residents are loud in their
protestations against the recommenda
tion. They denounce it as unfair, for
the reason, "they say. that th rink is
outside the fir 11m Us, and that by pro
viding any number of exit It would
be far safer than many of the west side
theatres. There are building on . the
west side, they say, which are mere
shucks, fir, trapa In every sense, that
sre used wlta no objection from th
fire chief or other authorities.
' "I have no complaint to mak against
th decision of th fire chief, fire mar
shal or building inspector," . said Mr.
Cordrsy. "but It looks far fetched that
a permit should be denied us to use the
skating rink when the west, sld the
aters sr permitted to run unmolnsted.
The rink Is mad of wooden materials,
but It le outside th fir limits,-end
we would place In as many exit as the
chief or any other authority would rec
ommend. - . -
- Ther Is no question but - that It
would then b much safer, than many of
the buildings on th wast sld that are
oned for theatrical purposes."
Mr. Cordray petition for a permit
was made at a meeting of th executive
committee last week. . It was referred
to th fire commissioners who submit
ted It to Chief Campbell. Fire Marshal
Roberts and Inspector Spencer. They
recommended that the permit, be denied.
However, numerous cltisens on th eaat
sld will codes v or to secure a special
permit, They say that such derision In
favor of the theatrical trust wilt be an
injury to tb city. . v'-
HORSE SHOT UNDER HER ;
v BY A CARELESS HUNTER
: -.".
B4rtDl Dbmatefc to The Journal
' Butte, Mont.. April J3. Mis Esther
K-efor, teacher in th public scnooi
of Anaconds, narrowly escaped death
yesterday while horseback riding in th
hills. While on a gallop her hors was
vt flesd beneath her, probably by a
stray bullet from the rifle of some
hunter. Hhe was thrown violently to
tde ground and her horse Just missed
fHllIng on her. Miss Keefer was s
vcrely bruised.
FOUR MEN KILLED AND ;
f!ANY INJURED IN FIRES
New Tork, April 13. Four men are
ii d. thn-e missing and 10 firemen In
- r-il ss the result of early morning
. on the runt side today. Two flr
i. mil were wrecked by collisions with
'.-( cars, 2 Ti 0 horses bum-d to death
i i prnprrtr losses smnuntlng to -J'.'uO.-
i sustained. Kvery ftre company on
' ent siil was working for hour,
re wr-re six alsrms from various
mis almost slmtiltaiteniiHly, and IttO
er driven out by the name.
;,,s most sertnti lire wna tit th
! ' 1 j.r-e ompanr's stablesj,
. - is t -v uit-a u4 liuisv vii-i killed.
hearty cooperation of all our people.
and therefor the criticism of a portion
Of th press and people ought not to be
Ignored. . .... - v. ; -...,''
. In the nope, therefor. ' that' the ex
cursion may not be abandoned and th
young ladles who proposed to partici
pate therein and their friends may not
be disappointed, I suggest that you
substitute some, of the drills of the
Manila guards of 1I9, and let the
young ladles provide themselves with
modest and attraetlv costume sug
gestlv of th uniform of th National
wuaro. nu wouia lumu in iae m
th promoters of the excursion and be ;
devoid of the objections made '',
mt inuiu CU.IUU1M.
I know of my own knowledge that
many excellent and attractive young
ladles have offered their services to ad
vertise the state -in this connection.
While they are doing this they wlU at
th same time learn much of. their
country and their country's history by
taking the proposed trip.
I do 'not believe that th plan pro
poned herein would meet with opposi
tion, and If not, th several cities and
commercial bodies of the state ought to
be willing to contribute to th expenses
Of the trip, for I am sure the excursion
would be unique and would serve as a
splendid advertisement for th state.
You 'might consider th suggestions
herein contained and if they, meet with
your approval and the approval of . the
friends of th enterprise advise, me.
. I - hsv the honor Ur remain, yours
very respeeffully. ,i t
; GEOKGK E. CHAMBERLAIN.
'' ' Colonel Cooper Adopts Idea.. '
Colohel Cooper has responded to this
letter as follows: " i
McMinnvllle. Or., April It governor
George K. Chamberlain, Salem, Or. My
Dear Governor: II was pleased to re
ceive your letter! of th lth and will
lay th matter before th organising
commute and take- th earliest oppor
tunity to make the young ladles who
have Men enrolled acquainted with your
views. Th National Guard feature will
certainly catch- the- fancy of the mili
tary companies throughout the east
wherever th excursion rosy go, and
many receptions may be tendered them.
The Idea of suggesting National Guard
uniform In th costume I a good on
and raises th character-of the enter
prise to a much higher plane, and they
will no doubt - get ' recognition from
higher sources than In the costume pro
posed at nrsL
I sincerely thank you for these kindly
suggestions and will do what I csn to
carry them out. Th drill of the Manila
Guards of Milt was a modification of
the sabrr drill of the volunteers of th
civil war, arranged for th girls with
light swords, ir was a . very pretty
drill and will, no doubt, please the
young ladles who have been enrolled.
Tours very truly. J. C COOPER.,
STEVE COHHELL
IS Hi PORTLAND
Noted Secret Service Agent Will
f Work irrXonjunction With
; Federal Grand Jury.
J
Steve ConnelL th secret service ' olB
cer of the government, who was in
Portland during th Lawla and Clark
exposition. , 'arrived In Portland today
and 'WlU work In conjunction with th
federal grand Jury on Important mat-,
ters coming up before that , body. - Mr.
Connell's presence In Portland lends air
to the importance which has been at
tached to the present grand Jury , sine
it wa started.--
' Mr. Connell Is best known on th
Paciao coast for bl work in running
down Adams, th man who robbed th
government assay offlos at - Seattl of
nearly $19,000. , While in Portland two
years ago Connell did clever work in
detecting counterfeiters and other crim
inals plying their trad on th Pacific
coast.'- - ,''-.','".';.'-,.,....'.'.'.
Matters before the grand Jury this
morning were again in th hands of As
sistant United States District Attorney
Cole, who secured indictment yester
day against Peter Feldhausen, charged
with sending obsevne Utters through
the mail, and John H. Gibson, who tor
down a government mall box on hi
place near Mllwaukl last fall. '
Gibson appeared In court this' morn
ing and pleading guilty of th' -crime
wss fined . I& by Judge ' Charles K.
Wolverton. Gibson explained his con
duct by stating' that be had . been In
formed by an attorney thst he wa
Justified In his action. Gibson's "trouble
arose ever a family quarrel he bad with
bis son-in-law. . v. i
It Is alleged that' th grand Jury ta
today Investigating the 'case of James
Csmpbell of Portland, who Is. chsrged
with having sent obscene letters
through the mall. It is also said that
Mr. Cole has presented s nother case
before the grand Jury- today, but Its
natnr and th person to be Indicted
could not be learned, because, they have
not yet oeen arrested. -' ' -
H. G. Wilson, superintendent of the
Klamath Indian reservation. Is In Port
land in regsrd to Important Indian mst
ters which, he- will testify to before
ther grand-Jury. ' Mr. Wilson wns in
secret conference with Mr. Bristol and
Mr, Cole this afternoon. s
GREAT LUMBER PLANT AT
PORT BLAKELY BURNED
Ooarasl gpeel.l ftarvlce.) "'
'Seattl. Wash, April 21. Fir de
stroyed th largest lumber plant on the
coast last night and caused a loss of
t500.00 when . th mill - of th . Port
Rlakeley Lumbar oompany was burned.
The fire started from a hot box in the
planing department. When the .flames
were discovered they had gained so
much headway that they, were beyond
control, . - v, i- . . - '
Th night erew, numbering 180 men.
wer compejled -to run for their Uvea.
A fir boat. was sent from Seattl and
with the aid of every piece of hose in
Port Blakeley th flames were confined
to th lumber plant. - - .-
PORTLAND WHITE GIRL
. WOULD WED JAPANESE
." M. - Ksmurta, a 'Japanese commission
merchant of Ban Francisco, yesterday
afternoon applied for a license to wed a
white girl of Portlsnd, but th license
wns refused by- rermty County Clerk
Prasp. Kamurla refused to give th
nam and address of his fiancee, but
declared that he wmtld apply for a li
cense In other counties and In othnr
states, .if. neisssary, rthr than to rive
hr up. ; ' - . s .
OF BARONESS
: v..- ! - - - -
French Baroness', Defense That
; : She Is a Victim of Mis-
taken Identity.
' (Jnsraal iperlal flsrvlce.) --'New
Tork. April 23. Baroness Anesta
loulse de Maaaey was placed on trial
today, for th murder of Gustav Simon,
th. kriHI Mrf mttnnfucliir.r. h(l
,-wal l))t dead , ni, offtc last No-
vraber . I The baroness Is attended In
court j, tw0 attaches from the French
consul's office and Is represented by
Attorney Charles r.i.harhlor
It Is said th defense will be that It J
is a can of mistaken Identity, but th
prosecution contends that the baroness
Is th woman who killed Simon. . .
81mon had a dispute with the woman
over wage due ber. It is alleged that
the woman had given up ber position
and returned to Simon for the money
sh claimed was due her.' An argument
followed and th woman fired three
limes, one bullet entering the lungs and
causing death. jc- the hospital after
ward, before be died, Simon accused the
bxmhess with being his slayer.
Much mystery surrounds th woman's
history. She clalas her husband was
poisoned In Franca by A secret enemy.
It Is said she has lived her 19 years
seeking his assassin and It is suspected
that there la som connection between
this and the killing of Simon,
AGREEMENT WAS
WOBPLK ll:EES
' - t- 'P I III - ' ,V-'V t' t- ('
Paper Ailegecj to Have Brownell's
v Signature Incoherent and
' Gibberish. ''.'''
(SptctsI Mspatek The Joernsl.) -Oregon
City, April S3. Judge Me
Bride granted a nonsuit in the can
of Mra Llxxie Roppell vs. Ceorge C.
Brown ell yesterday afternoon Upon mo
tion of the attorneys for ' th defense.
J. A. Finch, the plaintiff a attorney,
withdraw the ' agreement signed by
Brownell and Offered as evidence at
th beginning of th trial.
Sensation-mongers were ' disappointed
at the outcome of the suit, aa It had
been, believed that the testimony would
open up some pages in th ex-senator's
past life never suspected of being in
existence. The belief was based in
large part on the statement mad by
th agreement .signed -by Brownell.
This document wss written by the wom
an and signed by th attorney lust prior
to the campaign of 1K. ' It Is Incoher
ent and rambling, and its appearance
aid much to induce Judge McBride to
grant th motion of the defense for. a
nonsuit, i .. '
IF XtERKS DO ROT LIKE
..MO THY, CAfl RESIGN
Roosevelt's Colored Protege Will
- Hold Office Even Though y
All White Clerks Leave.
Washington, April l3.Tbere' will be
no strike in th office of the auditor
for the "navy department becaus a
negro has been appointed to that posi
tion, nor will applications by dissatisfied '
clerks for transfers of Jobs In other
government bureaus be favorably con
sidered by the administration. - -
The word has been passed down th
line that if the clerks In the office
do not Ilk th complexion of Ralph
Taylor of Columbus, Ohio, when he
comes on to Washington June 1 to suc
ceed Colonel W. W. Brown of PennflvN
vanla as chief of an Important bureau.
their resignations will be accepted. '
PAULSON STABBED
; WHILE RIDING BICYCLE
' An investigation . Is being . made by
the police of -the i. nprovoked stabbing
of J. C Paulson of 1181 East Tenth
.street last night by an unknown ae
ssllant. ,.' "
Paulson, -while riding his', b'cycle
along the sidewalk on .. Eaat Tenth
street . Saturday - night, accidentally
brushed against an unknown woman and
her ' escort. Th man was greatly en
raged over the matter and threatened
the blcycle-rtder with punishment.
- Whll pasalng th same point on his
wheel last night Paulson again, met tne
stranger. Th -fellow without warning
drew. a knife and slashed the bicyclist
across th left cheek, inflicting a painful-
but not dangerous wound. . Paulson
bled profunely from th cut and- was
compelled; to have a surgeon dress th
wound. ; '"" '-. ,, ...-;
STATE LIBRARIAN AT 1 . -:
. THE SUMMER SCHOOL
- Fslem,-Or., April S3. At a meeting
of..- the - state library commission at
the state bouse yesterday afternoon at.
which Governor Chamberlain, W. B.
Ayer of Portland.Mlss Mary F. I som
of th Portland library, State School
Superintendent X. H. - Ackerman and
President P. L. Campbell of the state
university were present. It was decided
to authorize the eeeretary. Miss Cor
nelia Marvin, to advertise for bids for
bonks and also to conduct a course in
connection with the summer' school at
the University .of Oreson. provided ther
is a sufficient Anumher of applicants to
Justify the giving. of th course. Mis
Marvin ha used gool Judgment in th
selecting of the books and five other
state have asked ths privilege of using
her list of selected books.
There are now IS traveling libraries In
the state and in more ar to be added
during June, ther being a ' great de
nuind for them. - " :' '.-:-.!
DIRECT PRIMARY FAILS' t
. ; TO PURIFY AT SPOKANE
f ' i,i i ' 4 ; !
SDokann. Wash., April 83. Primary
election day Is very warm, and th an.
tlon la Ilk It. Fake example ballot.
wer circulated list night showing Ci
It. Moore. Republican cnmlltlste for
msyor. as otjp'islng his own platforms
They wer scattTei. Msny lMmocrst
ars voting the Republican ticket with
th Intention. of numlnstlng tlif easiest
consnt IU Isauowatav " -
Police Unable to Learn Frjm
; Members of Party Which ;
One Shot Vosper.
For som lnexpllcabl reason.- Ernest
Vosper of 1230 Williams avenue who
was shot through the lung Sunday af
ternoon while rowing In Columbia
slough with ' several companions, re
fuses to enlighten the police as to the
Identity of tho shooter.
Detectives Bntsr and Price visited
Vosper at 8t. Vincent's, hospital yester
day, but th wounded youth proteased
I,
7
'.T
) i
i Ernest Voaper, . ;
ignorance of th nam of the boy, who
carried th gun. Th detectives aisa
called upon Mrs. Vosper, the mother of
the young man. last night, but she
like-wise either would not or Is nnabl
to furnish th . desired - information.
. Th affair was not reported to th
police by any of the parties concerned
and Inspector Bruin knew nothing of th
affair . until apprised-by a representa
tive of The Journal. - -:s -.
Vosper's wound while regarded as se
rious will not prove fatal unless septic
poisoning ensues. At the hospital this
morning It was announced that th pa
tient was doing nicely. Th police are
I a possession of th name of the mem
bers of the boating party and will con
tinue their Investigation today.
ACCEPT mOHEY
AMD END SUIT
Attorney!. Logan ' Buys' Alleged
Fraudulent Claim and Charge
Is Dismissed. ' V
There fras an' unexpected ending this
morning to the-case of R. F. Louden,
th Umber land locator arrested several
days ago' on a charge of obtaining
money under false pretenses from Mra
Mary 8. Craig by the alleged mean of
worthless timber clalma . Jud Yoho,
the complainant In th case, alleged In
the Information that a tract of land
which Louden had sold to Mra Craig
and represented to be valuable timber
land was barren and rocky and entirely
devoid of vegetation. ' '
Upon th calling of the case this
morning Mrs. Myrta Keyes Hooker and
another woman were on hand . to swear
to complaints In the event Louden waa
not held to th grand Jury. " Prior to th
hearing, however. Attorney Logan, rep
resenting Hhe accused man,-ofTered the
thro women $1,887 ' in payment of the
three, claims, which was a slight ad
vance over the purchase price.-
- The attorney maintained that he wa
aatisfled that th property, which is lo
cated la th 8antln.ni district, is worth
at least $3,000 and was willing to
buy th tract himself. .
Tb women deliberated some tlni be
fore accepting. th offer, as It was ap
parent that If Logan's contention was
correct they wer losing money by sell
ing and If they retained th clalma it
waa tantamount to an admission that
they had not been swindled. The deal
was finally .closed and upon motion of
the district attorney th cas wa in
definitely postponed. '
HIRSCH REFUSES TO BE
3 l CLASSED AS DOWIEITE
,-.'- Tr!:.:';""
Says He Is Vigorous Anti-Zionist
' -7-Has Name Stricken
- ' From Program.
- Chicago. April J$.tr. Emll O. Hlrsrh
who had been billed broadcast through
out th Ohtto as on of th speakers
at th big Zionist demonstration last
night, repudiated the meeting and or
dered hie 'name struck from th pro
gram Thl move, made with drams tic
vigor to tb committee of agitated Zion
ists, has aroumd In th Ohettn a tern.
pest that nearly eclipsed th excitement
over in arrival of Rev. It. MasllanskL
"I am not a Zionist." declared Dr.
Hlrsoh, "I am an entl-Zlonist. snd a
vigorous one, ton. I never promised to
speak at this meeting. Putting my nam
on th bill boards has mad It look as U
I had changed my convictions. That
will naver do." .. ,
PROFESSOR FULIWER WELL
- TREATED IN PORTLAND
Secretary Glltner of th cham
ber of commerce I In receipt of
a letter from Professor Klton
Fulmer of Pullman. Washing
ton, denying In full the charges
to tb effect that he faired to
receive the prober attention or -
consideration
wns sent to
whll here. II
this city for the. )
purpose 0$
investigating - th'
proposed establishment of a pur
rood laboratory her and i al
legel statement - from Senator
Bourn was circulated to th ef
fect that Professor Fulmer did
not receive proper attention In
his efforts her, v The rhnrges
ar completely denied In the let
ter which Pocretary Glltner re
ceived to'lay. , .-
Oregon Railroad Commission at
,v ; Salem Hears Complaint '
Against Rates. .
(Kpeelsl DtapatrB t The Journal.)
.Salem. Or., April 23. The hearing of
the complaint of western Oregon lum
ber snlllman against th Southern Pa
cific regarding the advance of freight
rat on green common lumber to San
Francisco opeued at I o'clock this aft
ernoon before Railway Commissioners
Campbell and Aitchlson. . It will prob
ably, continue tomorrow. 1
Kugene, Halem, Cottage Grove and
many other mills lire represented at the
bearing and these speak for a hundred
smaller mills. , The. Southern Pacific
is represented by Attorney W. D. Fen
ton and Freight Agents Miller , and
Malbaaaf, The railroad people admit
that they do not want th lumber busi
ness for snmd reasons, mainly becaus
the rat I lower than other rate from
Portland, the Siskiyou haul is expen
sive and amply cars have to be brought
from San Francisco to carry the lumber
south. ',.' - v ,
' A determined fight will be made by
the mlllmen for a rataof S cents per
hundred on common lumber from th
interior to Portland, where they will es
tablish docks and operate lumber ships
to San Francisco and coast points.
JUDGE HUHT TO
SENTENCE MAYS
Will Arrive First of May to Take
' , V Up the Land Fraud ; 1
- ;.; : .Cases.:' ;, :.:::':-
Judge William Hunt, ' United State
district Judge of Montana, will be In
Portland. Friday, May ' , to sentence
Franklin P. ' Mays, wWlllard N. Jones
and -George Sorenson, convicted last
summer in th famous Blue mountain
case of conspiring to defraud th gov
ernment out of Its publlo lands.
Judge Hunt's arrival will also mark
the renewal of th land fraud cases in
Portland and he will be her a short
ttm when b will gq to Baa Francisco
to attend th ' session of - the circuit
court of appeals. - He will be in San
Francisco only .two or three weeks when
he' will return to Portland to resum
th hearing of the iland fraud cases. .
United States District Attorney WlU
Ham C Brlatol and Francis J, Hener
are said to be co-operating in an effort
to bring about a resumption of the Ore
gon land fraud trials, and It would
not be a great surprise to attaches of
the federal court if Mr. -Heney would
return to Portland and aid th govern
ment in th prosecution of men who
have attempted to steal It . public
lands. '-... ' - -.- ',
Ther Is great activity at th local
United State .. attorney's ofttc and
among th authorities at Washington to
resume the land fraud cases, with a
view of winding them up by th end of
th year. , . - .' "
'Judge Hunt s presence in Portland
will materially aid In this work, because
it is expected that he will settle bills
of exceptions In various eases and bear
motions for new trial In th case of
Zachary, Barnard and Hendricks, con
victed laat summer, . V . y -
' Mr. Bristol received the record, to
day In the cases of th - government
against Black and Oh oats, known as the
Wisconsin removal cases. Tbey will
come up in the United States circuit
court of appeal in ' th seventh cir
cuit in October. Mr. ' Bristol Is prepar
ing 'the appeals in th case at th
present time. ' .: -.- ' -.- . ., .', : '
DELTA GAMMA SORORITY h
CONVENTION AT BOULDER
(ionnul Bpectet Bsrvlr.)
. Boulder, Colo., April 1$. - Nearly $00
delegates from all over the country ar
In Boulder today as the guests of tb
phi chapter of the Delta Gamma soror
ity at ths fifteenth biennial convention
of the national body. Th visitors will
he entertained by their fellow members
of the university of Colorado during
th - convention, which will !at , four
days. ..The national body wa formed
at the university of Mississippi in 187$
and now has seventeen chapters. Alnmnl
organisation ar maintained in many
cltlea of th country. Th local chap
ter wa th second girl's sorority to
enter the university of Colorado, hav
ing been established in 188S. Th en
tertainment plans include - a visit by
special train to Glacier lake, a ball and
th final banquet at th Savoy hotel In
Denver Friday evening. -. . ;-
LEAPS IN DARK FROM B
DOCK TO MEET DEATH
While attempting to leap from Mont
gomery dock. No. $ to a barge moored
alongside, Frank Lindsay, a laborer, 2Z
yeara of age, plunged Into the Willam
ette at t o'clock last night and wss
drowned.. Th body wsa recovered sev
eral hours later by A. Gannon and
taken in charge by Coroner Flnley.
Llndray had Just secured employment
on the dock and wa about to com
menc work when he met deatto In the
river. He wss unmarried and resided
at the Fine hotel In Lower Alblns. - Th
body I now at th undertaking room a
No Inquest will be held, as death was
purely acclJental.,
BANK PRESIDENT KING ' :
ARRESTED AT CHICAGO
''''- (iosrnnl Kneelsl ferries.) '
Chicago, April aa. Charles C. King,
former president of the First National
bank of -Scotland, South Dakota, was
arrested her today, charged with mis
appropriation in violation of th fed
eral banking law of $43,000 from-th
bank. He was arraigned be for Unltedyl
states commissioner, root. - ri wnived
examination and was held In $20,00$
bond, which h gave. - '
HAT THIEF SENTENCED ' -1
. TO TERM ON ROCK PILE
. ' s .
Eugen Apoxal, who wa arrested yes
tenia y by Deputy Sheriff L, G. Carpen
ter for th theft of two hats from a
Third street clothier, wss found guilty i
In the police court today and sentenced
to four month on the rockpile.
Mctxger fits your eyes for $1.00.
Sixth stuet, near Washington.
Ill
Supreme Court Upholds the
Governor In the Granting of -Conditional
Pardons. "
(apedsl Dtspstrh t Th Mml.)
Salem. Or, April 2$. Chief Justice
Bean holds that no regulations sov-
Lernlng the xrols of the pardoning
v " v uvn iru? tuvu Dy jaw ex
cept ' the ; declaration in section lilt.
Bellinger and Cotton's Code, that re
prieves, commutations and pardon may
be granted by the governor on such conditions-
and with such restrictions as
he. may think proper; which is but a
re-statement of th law aa It x!ta
without legislative action.
"Under a constitution like our par
don la a mer aot of grace and may at
tach to It any condition precedent' or
subsequent not immoral nor Impossible
of performance; If pardon is accepted
by the prisoner he 1 bound to comply
with the conditions imposed and has
no right to contend that his pardon is
absolute." Such Is th opinion In th
matter of the application of Charles V.
Houghton for a writ of habeas corpus
on appeal from Judge William Gallo
way' decision in the Marion County cir
cuit court ,
Charles V. Houghton Wag sentenced
to the penitentiary for a term of five
year for th crlm of robbery. Th
governor commuted his sentence March
16, .1(0. th ntenc to xpir March
18, according to certain conditions
which wsre accepted by Houghton. On
December It, 1909, Houghton ws ar
rested for violating th provision of
th charter or th city of Portland and
"Chick' was remanded to prison by th
superintendent of th penitentiary.
Houghton Instituted - proceedings in
habeas corpusv claiming hi imprison.
ment wa irregular and vqld on th
ground mat .the governor had no right
to . grant conditional ' pardons, -, end
therefor th condition Included In the
commutation issued to the petitioner
was void and his pardon absolute. It
was contended that if the governor ha
authority to grant conditional pardon
or commutation it la m judicial and not
an executive question whether a pris
oner ha violated such.-' conditions.
thereby forfeiting his liberty.
'', ' Xecal Option One AfUnued.
In th cas of th state "of Oregon,
plaintiff and respondent, against James
MacKlreath, defendant and appellant.-on
appeal from Umatilla county, William
Smith Judge, the Judgment of th lower
court I affirmed in an opinion by Chief
Justice Bean. The question on appeal
was whether orders for holding elec
tions according to petition presented
under th local option law may be mad
by the county court, presided ever by a
county Judge alone, or whether -they
muat be made by the county Judge and
commissioner sitting as a court for
the transaction of county business. It
la th first time the question has been
presented for decision. - The supreme
court holds that the order of th coubty
court In th case at bar was valid a!
though mad while th court waa pre
sided over br th county Judg alone, -Tagraaoy
Cas Stand.
Chief Justice Bean affirmed the Judg
ment of the circuit court for . Marlon
county, William Galloway Judge, In the
case of B. E. Nichols, appellant, against
the city ' of ' Salem, respondent, in
February, 1906, Nichols waa tried and
convicted in ' the municipal court of
Salem on a complaint- charging him
with vagrancy committed by living In a
house of Ill-fame. .He carried the cas
to the circuit court and Judgment was
affirmed. From this he appealed. The
court says that th city charter is the
organic law of- ths city and wa de
signed to confer upon th Inhabitants
of a given locality certain police powers
and duties and it should receive reason
able construction , to effect the purposes
intended. Henc th charter did eon
fer upon th common council power to
declar what shall constitute vagrancy
and te provide for the punishment of
persons guilty thereof, - It 1 sufficient
in proceedings In a municipal court to
refer in the pleadings to n ordinanc
by title number and date of approval,
' ' Xoul Chuxur BUhearing Denied. .
Justlreriakln denied a rehearing) In
the cas of Lout Chung, respondent,
against H. L. Stephenson, on appeal
from the circuit court of Multnomah
county, John B. Cleland, Judge. ,
8. N. Ayers, Linri Hendricks et at.,
respondents, against O. O, IjUnd. appel
lant, appeM. from Josephine county, H.
K. Henna, Judge, Is affirmed in an opin
ion by Judge Bean.' .
Th appeal was dismissed In th cas
or W. ii. Pat ton, appellant, agalnat T.
B. Kay and Claud Gatch, en motion of
attorney for defendants and respondent
PORT BLAKELY MILL TO :
BE REBUILT AT ONCE
(Speetal Dtspatek The iunn. -Seattle,
Wash., April t$. The fir
which broke out In th Port Blakeley
mill last night was still biasing this
morning. The 'wind's shifting to ths
northwest placed surrounding houses In
a precarlou poaltlcn. Firemen laid
hose around th west portion of th
mill, where ayth town of Port Blake
ley, to be. In rajlns in case sny
of th houses should become Ignited
by flying sparks. . .. .-t - ,
At :10 this morning the mill proper,
whos foundation ha been on the vers
of breaking down, fell with mighty
crash that scattered cinders and fire
brands around In the woodyarda and
-em th roofs of surrounding houaea
By 9 o'clock the fir waa well under
control. .-, ' ' .i ". .
: Manager 3, Vt. Eddy, nlna-tenths owner
of th mill, states that a soon aa th
debris can b handled and cleared away
work will be started on a new mill. -The
fire Involve a loss at $760,000,
with Insurance at $100,000. .
ASH SWALE GRANGE '
- NOT FOR REFERENDUM
(Kpecial Dispatch to Tb Journal)
Brownsville, Or April 21. X resolu
tion favoring th referendum on tb
university appropriation bill was voted
down by a large majority of Ash Swale
grange of Linn county.. The resolution
was Introduced by the effort of John
H. Scott of Tangent, but th grange In
dicated ; It strong disapproval of th
referendum movement by snowing - It
under.:.. ". , .' .' ',. ".'
VOLCANOES OF CHILI
IN VIOLENT ERUPTION
Unarnal Dpeetsl Bervlee.) ,
' Ssntlago d thill. April JJ.
.Volcanoes in southern Chill arc
In violent eruption. ' The town ,
of Valdavia Is covered with
ashes and the Inhabltunts of a w
wide urea are fleeing In terror.. 4
It
The Hyde-Benson-Dimond Land
Fraud Trials Give Way to
Hermann Case. .
J
(Wsshlsrtea Bares f Tti Joarnal.t
Washington, April JS A hundred
witnesses ar already - here for the
Hyde-lienson-Dlraond land fraud case
and many more are. due to arrive dur
ing th trial, which begin next Mon
day. - , ' . -
Th prospect ar that these trials
will -consume more time than did ths
Hermann cane. A number of th moat
Important witnesses will com from
Oregon, and the subject matter of th
evidence will revolve largely around el
icited fraudulent land matter In Ore
gon.. . '-..' - . t !' t. .--.' . -.'..-..-v
.- At th trial of Blnger Hermann the
arguments have been drawn out muchi
longer.-than waa expected. Assistant
District AttorneyAdktns consumed two
days, and th defense gave notloe to
day that they might requrre three day,
after which the government will close
with an extended . argument by Dla
triet Attorney Baker. ' " ' " i
rustic ntarrora nns sugntiy moat
fled his ruling on the prayer for tn
truction to th Jury, holding some-
what more strongly In favor of th de
fense than at first as to fraudulent in
tent. Th .government Insists thaClte I
evidence amply provides for th groiT)t
IVTI C'l 111. I.UUI V UU lUIIIIg, . (ft
Is certuln that th cas will go to "the
Jury thl week. v 1
Arguments for th defen of Her ;
mann wore presented to th Jury to-' ;
day by Attorney A. 8. - Worthlngton, . ;
who talked all day, , He will probably; -'
ooncliide' tomorrow, when District At- 5
torney Baker will close for th prose-'
cution. -. f. '. ,- .' . '.''.-.
T"
BOURKE FAVORS THIRD
TEEM FOR PRESIDENT1
Says People Must Demand Art
other Term for Teddy and
2 He Must Accept.' . . .
' --' (Joernsl Special Service. '''' ' "
Washington, April That Presi
dent Roosevelt must yield to th wish
of th nation and be a candldat for
third term is the opinion expressed by.
Senator . Jonathan Bourne of Oregon '
Bourn said:. '., -"';''.""'' -'
' "No man can put his personal wishes)
or desires abov the. command of thdj
people, especially no person wno naa
been honored as President RoosovelJ
has been by the American ' people, t
know that Roosevelt Is not a candidate:
to succeed himself. I realise that h . '
wouid greatly prefer that th people,
should select som other person to suc
ceed him In 1908, But if th people,
command him to serve a second elective
term, ha certainly must feel It hi duty,'
to do so, '. .-' -v - ; . .'
. "I feel that the eonntry Is now t ao ,
Ing great crista Th issue now. be-;
for th country i whether the. advo
cat of the rights and liberties -of tthat.
people and of th power and majesty C.
the government or the -enemies of both,
shall prevail. ' Th situation demon
strates th necessity of th people' des
mandlng Roosevelt to accept the noml-
nation for another term, snd he could'
no moro decline to accept a nomination : ,
demanded by the people than he could:
refuse to erv if h wer engaged in
some foreign war and he were draf ted.'
Senator Bourne said that his state;
ment war mad without consultation!1
with any one. , ' , ,. ' ... ,
JURY VIEWS PREMISES V
WHERE ESTES WAS SHOT;
V (RfMMlal ! trk te T ' Joernal -Pendlwton.
Or, , April r t $. Wltnee
In th McMnnus murder trial are slow
ly being examined. At th opening of
court this morning th Jury wa taken
to th Pullman saloon, where fhe kill-'
Ing took place on February . after.-'
which- T, K. Howard, an architect, was) ;
called with plans of th saloon. ;
Waller Hopper, who waa bartender a(
th saloon when th shooting occurred,
told that he had heard the shot fired-;
and rushlnw back found Bate on th
floor and McManus putting the gun Into
his pocket. On cross sxamlnatlon Hop-..
per sdmltted he had testified otherwise;
as to som point at th coroner' In-'
quert ' - ' -'
The defense made an effort to show -
that Rules was a gambler, to whlcH
the prosecution objected. , '- ;u .
MAMMOTH THEATRICAL
V TRUST TO BE FORMED.
' Joarasl Kperlsl Rervle. -
j ' Detroit. Mich., April IS.- A
story printed here today says e
4 that paper are drawn and ready ',
. for signing effecting a romblna-
4. tlon between Klsw Y Krlanger"
, and the Shuberts. , It I stated
4 that the deal Is a result pf Inter- ' .
ventlon by New Yorker i and ..
George E. Cos. ; -. : ;.-.- .i ; -
-, , 4 , . , , , '- r. e)
SAN DOMINGO VOTES ;. ' t
, TO ACCEPT TREATY -
:f:. V. ; '. y.
(Jonraal SpecisI serrlea.J .
Waahlnaton. Aoril $$. Minister Daw- V .
son rabies that th San Dominican con- -
grass has favorably reported th treaty ; ,
with the United Btatc. secretary Tart, ,
says' tht.t he at no time thinks of pol- "'
Itlcs .and says that In th speech he
m.n makA In Phlnsvo snd othflv wsstern ;
points he will not-touch., upon th polit
ical situation. , -
REQUISITION FOR WILDE V-
ISSUED BY GOVERNOR
' Spedl Dlspatrb to To Joareal.) -
Balcm, Or., April Jl. Governor Cham
berlaln ha Issued a requisition on the
governor of Cttlifnmln-for A. H, Wild
who Is wanted at Portland to answer
to the charge of embexslement. C. R.
Hellyer. a I'ortlnnd detective, Is named
s ssent to return the rugltlv. .
: jtjst axoAvsa ' ',.'.
your cough I only In th throat and
doea , not trouble you now, don't thin
that It .noed no attention. When It
has not r-.d rnu-l. of s start Is ths tlm
to check It. The (lightest cough eas
ily leids to 1'neumonla. Bronchitis and
Consumption - - A bottle of Ha Hard
llorehnund Syrup will cur that cough.
The price put U within roh f 1L
Bold by aU druggists.