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.