HELP WANTED
JOURNAL. CIRCULATION
. The above headline over classified "want";
ads in The Journal attracts the attention
J of the best workmen in every line. ; v;
XfiV&Vi SUNDAY WAS ;
The .Weathers-Occasional rala to
' .night and Tuesday southerly "Winds.
,1. VOLVI. ; NO. 2gfer.ryY ,! - V v. ., PORTLAND ' OREGON, vMONDAY; EVENING, JANUARY 6, 1908. FOURTEEN PAGES.
PRICE . TWO x CENTS.
o Ttitn am) xvws
aiAXfis. .ma cmi
650
i i aasaw-- m m - aw m m i l " ri v-weaanfc-- vz a -aw- v . . v . . w- - , f i i ar mm i iJi1, r ., sr ,r V
a .i -
jitLiAlSOiliii FOUR BANK
I IlCVtttU pliWr IKIAL UI I IUIHLU p
IV'.- I
IlliIU I ImU
Federal Circuit Court of Oregon Erred
in; Instructing Jury. AI, Cases Now
; Pending Affected By Ruling, Which
Is of Great Importance Here.
Eoss, , Burkhart, Aitchison
and Hill .of Title Guaran
tee Must Stand Trial-
Four Separate Indict
ments Against Each.
Washington, Jan. 6. The supreme court : has reversed the
decision of the federal court of Oregon in the Williamson land
fraud case. The opinion was by White,-Harlan dissenting. The
court remands the case for new trial, holding that,' Judge Hunt
erred in instructing the jury that the contract to sell claims before
final proofs was illegal. The defense had alleged that the law
in that respect refers only to the entry before it is made, not to
one . in process of being carried to .perfection.
The decision is regarded as a body blow to the government
in air the land fraud prosecutions, and is taken as a backing up
ments. '. - . ; . ' v
Charged With Larceny, Un
lawfully. Receiving Money,
Conversion of State Funds
and Lending State Money
&o Years Maximum.
In the, light of the supreme
. court's decision, Congressman
Williamson's acquittal, when iijs
case comes on again for'retnal
seemsAlpioattjcerfattiu
, The conviction and punishment
of Dr. Jvan Gesner and Marion
i R, Biggs, who ; were co-defend-
.ants wun w unamson, seems, in
the light of the decision, to have
been unwarranted
Dr. Gesner was but recently
Released from the county jail of
Multnomah county, after under-
guin sentence m live mumiia
imprisonment and paying a fine
of $1,0D0, Marion R. Biggs is
still in the same jail, under sen
tehee of 10 months' imprisonment
and $500 fine. . .. ,
4' Sentenced by Hunt.
- The conviction of Williamson,
Biggs and Gesner occurred Sep
tember 27, 1905, on their third
trial. They were sentenced by
Judge Hunt October 14, 1905.
Each of the earlier trials resulted
.In a hung jury. Francis J. Heney
was the prosecutor and the de-
fendants were represented by
Kludge Bennett of The Dalles and
I Judge Wilson.
The tfiree defendants were accused of
Inducing various persons In Crook
county to take up claims, which. It was
charged, they afterwards agreed before
final proof to sell to Williamson and
Oeaner. goores of witnesses were
brought front Crook county and other
parts of the state and an army of spe
dal agenta was employed In watching
the Jury, the defendants, their at
torney and the witnesses.
. The conclusion of the supreme court
Is that a contract of sale made by the
entrytnan arter he has filed his appli
cation Jor the. entrybut before he has
convicted, but whose cases are now on
appeal.
... nteace, VxoBonnoed.
wnen sentence was pronounced on
of them -appealed to the
WUIlamsqn, Oenner nd Biggs all three
or mem 'appeaiea to me i nnea
circuit eourt Of appeals. That oourt af
firmed the deoiaion of the trial court
anft'Oesner Snff BIksts went to JalL Wil
llamson, however, carried his case to
tne united states supreme eourt on
writ of error, with . the result made
Known toaay. . .
If' Oesner and Biggs had appealed 'to
the supreme' court as was done by their
co-derenaant, they would - nave secured
a reversal of Judgment, for their cases
aurered in no way rrom that ol WIU
lamaon. Whether Bica-s. who la still In
jail, can now secure a release. Is doubt
ful. It would , seem that he will be
compelled to serve out his time.
J. ri. Williamson la believed to be on
his ranch near Prlnevllle or at The
ijaiies. . few men . are better Known in
the state. He was. In the legislature for
several terms ana was elected to con-
gross in 1901. It was during his first
term at waanincton mat nenav secured
. . . -
nis conricuon.
Tfcs Sefendaats. e
J. Tborburn Ross, T. T. Burk- e
4 hart, John E. Aitchison and 4
w . George M. Hill.
e The Indictments. e
S First Larceny under section
4 1107 of the code, committed by e
neglecting and refusing to pay
e, atate f unda left on deposit by 4
State Treasurer Oeorge A. Steel.
e Second-yUnlawfully receiving 4
w a deposit of 1650 on October SI
e from C. F. Khman when It was-
S known to the defendants that
4 the bank was Insolvent ' .
4 Third Converting t827.t61.10
4 of state moneys deposited by 4
e Steel September 9, 1907, by the 4
4 defendants to their own use.
S Fourth Lending statmoneye 4
4 on October 6, 1907, to the amount 4
of 110,500 to M. B. Rankin. 4)
e The bonds asked for by the e
e district attorney. 1100,000.
mm WANTS PERCE, sms
WPAWS CONSULAR AGENT
mewamsfveAeMasa
J:W:5 r 1 r
111
At
' i rf;'A.a.:iW8:,.'' ,,,, , , , f ) ,
TAFT Oil ?
OFFICERS
Secretary of War Sends His
Eecommendations to Pres :
ident Outlining: Eeqnire
ments of Army in Philips
pines. ; i t'.'j
JAPANESE QUARTERS AT VANCOUVER, B. C. IN FRONT OF THE WINDOW MARKED WITH A
CROSS WAS WHERE ONE Of THREE FIREMEN ATTACKED BY JAPANESE ACCIDNTALLT
BROKE A PANE OF GLASS. RIOT THEN FQLLOWED. . , ;
mm shoots
BUT NOT STRAIBH
T
-srw ,. v j 1 . w ST '
uuriar at vvorKjuany
primes Committed.
SALOQNMEN MAY
GO TO "BULL PEN"
president, and John E. Aitchison, Its
J. Thorburn Ross, president of the
Title Guarantee 6 Trust company, T. T.
Burkhart, treasurer of the wrecked In
stitution, George H. Hill, first vice
secretary, were arraigned In the circuit
court at 3 o'clock thla afternoon on four
Indictments, each charging them with
made his final wroof in hot viniajinn
or the federal land laws. In view of
in is ruling, a numoer or the land fraud
cases now pending must probably be
oiimiuea, u me same state of facts
exisia ii .hi as in tne Williamson
case., it is possible also that the de
cision may affect the case of w. N,
Jones and Thaddeus. Potter, who were
P ODE
ournci
i nniinT
ItIL uuun
HITS ROOSEVELT
i;' ' ''swsjaassjssasssBB 1-.U
Employers Liability Act,
; President's Pet Measure,
. Declared UlegaL
(UoiUd pma teased Wire.)
Washington,' Jan, 6 President Roose
velt's", big stick received ; a dent today
when the United. States supreme oourt
declared unconstitutional the employers'
liability act passed by congress In 1904
at the request of the president
; ' '.Go Back to Work, x
. .roslud iPress Im4 Wire.) "
' -Rsaellngo Pa, Jan. . The rolling
mills, cf the American Steel Manufao
tuIif empny In Lebanon and this
cMr resume,; operati&a . today, giving
employment to a toUl of. about 7400
hands. The slants hava been' ahuf
tnlted PreM'Iased Wire.)
Spokane, Wash., Jan. t. The mayor,
chief of police and board of public I having committed larceny by refusing
worn wm nun tociay ana atcemnt to 1 in renaw mtmtm ,r,Am n .i
provide some means for a temporary j ZjiI v . . . x v
Jail that will house the saloonmen who demanded by the atate treasurer, with
have violated the Sunday closing rdl- unlawfully receiving money when they
knew the bank to be insolvent, with
haflng converted state money to their
own use, and with having lent state
money contrary to the statutes. Bonds
Wem asked for by the district attorney
in the sum of 1100,000 each.
Heavy Penalty for Crimes.
Owing to the inability of the district
attorney's otflce to have all of the In
dlctments ready for filing by the time
the court convened at 9 o clock this
morning District Attorney Manning
asKea tne court xo postpone tne arraign,
ment of the defendants, who had ap
peered in court, until this afternoon at
that time. Work on the Indictments
was resumed and the Instruments were
Died shortly before noon.
xnree 01 tne lnaictments louna
nance. There have been 46 saloonmen
reporting to serve sentence under the
nrst lines of 116 each, and more than
160 saloonmen who were fined $26 each,
the penalty assessed at the second con
viction, wno win be up for service, un
less the fines are nald.
The meeting will decide the manner
or siocsaae. pen or Jail to be provided
for. the mixologists.
AOKI HAS NOTHING
TO SAY; HE'S TIRED
(United Press Leased Wire.)
San Francisco, Jan. 6. Viscount Aokl,
the Japanese ambassador to the United
States Is visiting Oakland, Berkeley
and Alameda this morning. The am
bassador and his party re making the
trip In an automobile. Mr. Aokl met
none of the city officials in any of the
three towns and from now on will avoid
all meetings of thla class possible as h
is tired -and worn out and wants to get
ns much rest as possible between now
and the time of the sailing of his vessel
tomorrow, ,
against the four men are drawn under
section 1807-of Bellinger and Cotton's
code, while the fourth, charging receipt
or deposits when the defendants anew
the bank to be unsound, was brought
under section IS of the new banking
law passed by tne legislature or 1907.
ntlnued on Page Three.)
THREE BURNED TO
DEPTH IN HOSPITAL
AT SAN FRANCISCO
. (United Press Laased Wire.)
San Francisco. Jan. C Michael
Franco, his wife and John- Pon, em
ployes of the. French hospital at Point
Lobos.and Fifth avenues, were burned
to 'death In their beds last night by, a
class which, startlne- on the around
floor of an outbuilding of the hospital
used as a laundry and an electrical
plant, threatened for a time to spread
0 the entire structure of the hospital.
The nurses were forced to remove the
patients of two wards from their beds
in order1 to save them from the blister
ing heat of the flames.
It was- not until after the flames had
been extinguished by the force of are.
men that the three deaths were discov
ered. ( . t
The two men had been sleeping In od
posite rooms on the second floor of the
destroyed building at the time of the
nre and an nad apparently been, smotn-
erea oy tne smoaing.
WIFE OF CANADIAN
LABOR COMMISSIONER
HUBBY
" (United Press Leased 'rinZyv t '
;Toklo, Jan. . Closely following the
return ot Labor 'Commissioner Lemteux
to his home In Canada cornea the atari.
ling report that his wife has , eloped
with an Englishman and that the couple
la on the way to Kvoto.. Lemlnuv had
been In Tokio for several days carrying
on negotiations -with the Jaoaneae rov-
migration. He represented the Cana
dian government in this matter. When
he was ready to return to submit his
report Mrs. Lemlenx obtained the per
mission of her husband to prolong her
visit In Tokio. A few days after Lom-
leux departed Mrs. Lemleux disappeared.
An Englishman who had been attentive
to ner was missed at the same time.
Later It was reported that the couple
Several burglaries were committed In
this city-Saturday and Sunday nights
and In each Instance the thieves suc
ceeded In making good their escape with
the plunder taken. In one lnatance a
woman bravely shot at one of the
thieves. , Th-. exact number .of caaes
Of house-breaking occurring during the
past 48 hours is known only to the
police, as it is. the policy of the depart
mentto suppress all news of this na
ture.fe ... .
JUfieteen burglaries sad no arrests
was the record for last month.
The residence of A. Winter, 442 East
Tenth street, was entered by burglars
Saturday evening during the temporary
aDsence or tne members or tne ramiiy.
All of the rooms in the house were ran
sacked, the thieves succeeding in finding-two
watches and t0 in cash that
had been secreted In. one of the closets
on the first floor. One of the watches
was of small value, the other- being:
a gold timepiece belonging to Mrs. Win
ter, xne burglary was reported to tne
police, but so far as is known no clue
to the Identity of the thieves has been
unearthed. -
Woman Tires Shot.
A burglar who had entered the real.
dence of D. O. Ross. St. Louis avenue
and Winter street, Saturday evening,
was put to flight by Mrs. Ross, who
took a pot shot at the housebreaker aa
he was running out the front door. It
Is thought the shot went wild, as the
burglar did not diminish the speed of
his flight or give any other evidence of
having been hit by the bullet The
tnief got nothing for his pains, as Mrs.
Ross discovered his presence in the
house before he had time to prosecute
a search for valuables. The lady has
received many congratulations on her
bravery. a
The small general store of Mrs.
panthoff, 97 Union avenue, waa entered
by burglars some days ago and rifled
Of many articles of value, including the
contents of the cash drawer. The .bur
glars carried the small cash register
jr n mem, eviaentiy rearing that
any-attempt to ooen it in the store
would attract attention to their move
ments. The demolished machine was
later found under the Olympic ware
house. East Second and wuhtnrtnn
Streets. It had heen desnollmi nf what
ever of value it contained.
peas Held Tip.
E. B. Sheldon, who IIvm at in vit.
street, reported to th nniip ni.M
that he had been held up by two young j
men In front of his home. One of the
thugs leveled a nistol at ShnMnn'., h.H
ana aemanaea mat ne Band over his
money. Sheldon parleyed with the men
until the approach, of a pedestrian
frightened them, when they permitted
htm to make his escane Into htm hnn..
The men wore improvised masks, but
Hum mer actions Beemea to be novices
at the holdup game. . A description of
the thugs was given to the police, but
wvj uavi iiuv oeen apprenennea.
. The residence of fi. r. iri.nhnn
two-miles east of Sellwood, was ran-
mcaw ur uurKian r taw nnvm . a v
w 01 jeweiry ana. clotriin
were teken. The robbery was report
to the police..
No Soldiers Have
Been Recalled
Lack of Work in
BmH'Ctimbia
Caused the Home-
mid Movement.
Japanese Consular Agent Tsunejl
Alba scouts the story from Vancouver,
British Columbia, to the effect that hun
dreds of his countrymen who had seen
service In the mikado's army have been
ordered to return to Japan,- presumably
for the purpose of rejoining the, nil
kado's fighting forces.
'To, begin with." said the vice-coun
sul, "there Is no law In Japan providing
for the recall, of former soldiers, until
a state of war actually exists.
"It might as well be said that because
thousands of Italians and Austrian, are
returning to tneir nomes rrom tne Uni
ted States that those countries are pre
irnniiK jur war. . - - '
"The fact is, the Japanese the leaving
tnis country tor tne same reason that
the Europeans are they are out of
wora,and can live more cheaply In Japan
than they can here. -
"So far as I' know, very few Japanese
are leaving uregon ana wasnmgton. Tor
Japan. It - Is possible that more are
leaving Britiah Columbia, as the Japa
nese population in that country la much
larger than it Is here, and more of them
may be out of employment, , ,
"The- story is a dream, based on
groundless rumor. There are plenty of
soldiers: In Japan, and no necessity of
recalling a few thousand from , this
country.
"Nippon wants no war. She wants
snd -needs peace In order to recover
from the cruel wounds Inflicted In the
Russian, campaign." I
01 s
UNDER
A
T
Tacoma' Police Capture Two
Men With Complete Kit :
ot Tools; .
(United Press Leased WlreA -Tacoma,
Wash.. Jan. 6. W. H. Haw-
ley and C. A. Qualfe are in the city Jail.
and will be turned over to the federal
officers this afternoon. When arrested
yesterday afternoon, a complete coun
terfeiting outfit waa found In a suit
case In their possession. The men say
that the tools were given them by four
men. and that they were afraid , to
throw them awav. ' tf "
The discovery of the counterfeiters
Was made by accident Patrolman Calk
ins aDorooched at South Tacoma and
asked them to open up the suit case.
They objected so strongly that he
placed them under arreat. When the
suit .case was opened it was found to
contain molds, dies, crucible and a num
ber of partially finished jcolns. '.
SEVEN MEN INJURED
IN. SAN JOSE FIGHT
I (United Press Leased Wire.)
San Jose, Cal.. Jan. 6. Salvador Cam-
pisl Jr. lies dead at the Good Samaritan
hnniti aa the second victim of the
fierce fight engaged In Saturday after
noon-between Italians, oaivator ureco,
one of the wounded, may die before
night. The others will recover.
Juntos Oil vera, who is said to have
Shot Barblera and Tortorici, has been
arrested. The fight resulted in injury
to seven men and was tne result or a
quarrel over an old bundle of shingles
taken rrom a Darn.
Appro ?es of Estimates of
Money Needed' for Coast
Defenses for JSubig Bay,
Pearl Harbor and Guata
namo, Cuba.
(United Pross Leased Wtre.f
Washington, Jan. f. Secretary off
War William Taft ' writes about condi
tions In .the Philippines, declares that
the United States army should be-Increased
and makes other recommenda
tions in his annual report submitted t
President Roosevelt today. ; r -"In
my Judgment." he says, 1t would
be the wisest sort of economy for the
nation to recognise the situation la the '
army v and provide .additional, officers '
to meet the condition which. Is fast be-
coming ' a' 'menace." u'.jKiT-' ''-' -'
-The secretary places his stamp of ap
proval on the recommendation of the
general board that 413 offllceire be
added to the army. He also- advocate
the organisation of a a-eneral service
corps Including wagon" masters, engi
neers, , firemen, teamsters and black
smiths. He- also approves of the esti
mates of the money needed for coast
defenses such as $9.000,000' for; Bubl
friAtf Yf.ll 1 1 AAA AAA C .1 i.Hk
Honolulu, and il.000,000 for Guatanamo
bay, Cuba.. . . ' .
" (Unlted,Prs Leastd .Wire.) fV t 4
Washington. Jan. 6. After a two-
weeks'' holiday congress ' reconvened to
day. The senate was in . session - five)
minutes and then adjourned out of re
spect to the memory of Senator Mallor
of Florida. . -
The most important . matter ' before
the house was the report of the inter
state commerce commission. John Sharp
Williams introduced a bill reducln the
standing army to 3J.009 and providing
mat lu.ooo. of this number be assigned
to the sea coast artillery. ' . , ,
' m i i ii i
QUE GLIDE. GOES
0
i
Prisoner Cheerful on Verge of 'fievr Trial One Hun
dred Veniremen Dismissed : During Today's
Session of Court.
PORTLAND MEN GET ,
MILITIA COMMISSIONS
(United Press Leased Wire.)
I. ' T.i. i a . '
i-o'o ft v., ..u. b. vuvernor vnam-
neriain nas commissioned J. M. Ronnie
and W. O. White first, lieutenants and
William Q. Branstetter second lieuten
ant Oregon National Guard. All of
Portland.
CASH REGISTER MEN
RETURN TO FACTORY
(Unt4 Trm Ld Wlre.1
darton. Ohio. Jan. t. Three thousand
employes returned to work today in the
rectory or tne national uaan register
(United Ptms LeaMd Wire.)
New Tork, N. T., Jan. . The dis
missal of -a hundred veniremen marked
the opening this morning of the second
trial of Harry Kendall Thaw, accused
of the murder of Stanford White. When
court opened the announcement was
made that through an error the names
of the first venire had been printed -Friday,
and that according to law none cf
these veniremen could qualify for Jury
service. The second venire of a hun
dred was summoned and they began to
arrive before all of those of the first
batch had departed.
The proceedings began at 11:37
o'clock. Harry Thaw appeared to be
full of confidence in his cell this morn
ing. Particularly was this so after he
had been visited by Mrs. George Carne
gie, his sister, ana josian rnaw. ms
brother, before court opened. During
the early morning he betrayed some
nervousness jver the delay in tne open
ing of court Mt
fcariv in the nroceedlnffs Justice
Dowling declared that he would not al
low any unnecessary wrangling on the
part of the attorneys to delay, the case.
Harrv, Thaw. entered. court wearing a
dark blue suit, the same one he wore
at the last trial. Evelyn Thaw also
wore one of. the costumes she was at
tired In during the first trial.
Thaw waved a cneery greeting to nis
wife and family while he was on his
way to his chair at -the lawyers' table.
Th. . .mirt nftAr flnlna 20 VAnlrArhftn
250 each for failing to appear, declared
that the Jury will be kept under sur
veillance. ' . i
Attorney Littleton. -chief. attorney for
the defense, made reservation t Thaw's
aowu ior wrw-weeks.. -s 1 -. -. . . . , t eminent concerning ths questions of lm-1 was seen .traveling; toward Kyoto. ' ,j, 1 company,, which resumod operation. I plea of not guilty, to enable him- to' Is as faithful i
interpolate later the fact that the de
fendant was Insane at the time of the
shooting.
William P. Miller, a decorator, was
the first venireman examined. He said
he knew Stanford White and that he
had no opinions. He was accepted by
the prosecution. Attorney Littleton
questioned him closely and then ' chal
lenged him for cause. Miller was ex
cused. .
The next three veniremen were ex
cused also, two of them for. having
opinions. Charles E. Gremmels, . a
broker, quail Tied as the first Juror.
When court reconvened after the noon
recess, Evelyn Thaw was given a seat
inside ot the railing separating news
paper reporters rrom tne spectators, sne
is now seated near her husband and
within the range of the vision of the
jurors. At noon she visited Harry
Thaw Jn his cell and had a long chat
with hjm. Any hope that photographers
mignt nave-nan oi using cameras : in
court was blasted by a oourt. order.-
HAZZARD'S CASE
POSTPONED WEEK
(United Press' Lsased Wire.) , -
Detroit Mich., Jan .The court
martial of Lieutenant Russell T.V Has
sard on the charge of forging the name
of the commandant Of JTort, Wayne has
been postponed for a week. ,i t ..
Hazsatd, who ' Is under guard at a
hospital, is a physical wreck. . In spite
of the serious charge and a report from
Seattle that he has a wife and fhrix
children living in, Oaklaiid, his girl wlfal testlmon
Js as faithful to him. aa she fver was, J talnej f,-
: - ... ,,,,,, .T tft -, , .
New Norwegian Minister AIs
Appointed to Succeed Late
'Hans Christian Hauge;
Christianla,1' Jan. f.-Ov ;- Gude Vhag
been appointed.' Norwegian .minister at
Washington to the vacancy caused by ;
the sudden death of Minister. HJalmar
Christian'.:Hauge- "J;, J -,? ;t;,i:Myi
The new .minister has had much expe
rience i In i "dlplomatio' circles. 7 He was
horn !n 1853 anil In 1171 t,i. '
fi .appointment as' representative of
the Jthen". united, countries. Sweden and
Norwav. in it h. oa l..n..
yi?:,1eprtl".nt o. ' foreign affairs - In
ciuvMiuim- oner naving , served two
years " atUcha In parlsT
In 1884 he was appointed secretary of
the legation at Berlin anrf In 18(11 w.a
fi,le, 4 the same position In London.
h appointed minister at
Madrid Ud lubaefluiintlv tnn.r.n.A
Copenhagen. He resigned when the two
countrtea separated on June 7, 105, and
has not occupied any position In tha
diplomatic service alnce his Tesignatloa t
was, accepted. ' ' -
's'-, i 1 1 1 1 i f ... i
MM GRAFTER
lORflEGAIJ DEAD
Ex-Supervisor Who Turnrd
. Stated Evidence for 'Heuey
-' Expires Suddenlj', '
; (United Press Leased Wire.) '
' San Francisco, Jan. 4. Thomas Lena
ergan,, former member of toe board rl
supervisors and - star 'wrfies Salj)t
Louis Glass in the telephone hoo ti
case, dropped dead this morning- at I i
home In this city.
- Lonergan was the principal wlfrn-ri It
the graft proagutlon, and it l
who was easily trrpv hy J-. n-
Burns and made to rtivulre evl !' i : t
assited in. 'Binding Scfemli n.i J. i i
Jail. Loner(,an'H dwitfi tuiiy tint i
tne uuiss or otnr iritis r i mm- . i
testimony reijdiri'd from lilm j i ( i
U-oto ethers w the t . i, h .