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IS AT 3 ' CENTS A COPY. DON'T PAY MOKE; OR YOU CAN HA".
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in
BEST RESULTS
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i a , Advertise in The Journal, t 1
'- , The weather Occasional rala to-.
' nightnd Thursday.. . ' .
T7(i felf
JOURNAL CIRCULATION
fV " ' yesterday) , was V ":
VOL:, VI. NO. 261
1 s
PORTLAND,; OREGON, . WEDNESDAY : EVENINO,x JANUARY; ,8, 1908. FOURTEEN PAGES.
PRICE TWO CENTS, i f 'ffiSPtSB
v .' f ' , .(. . t '' i i i i i ii - . ! '
, - i - If.., -VV.,- , .4,f ,.y..y. ; f .;
C0I1QUERS SPINAL MEllltlGITlS
.i vi
, Dr.; Simon ; Flexner, bead of tha;,
Rockefeller Instltuta tor Medical Re-
. .... -r; .... .. "...- '
search, , has dlscorered an antitoxin
. aerum with . which he has treated
, many cerebrospinal meningitis suf- -
ierers succesBtuuy. At tne lert is a , ;
photograph, enlarged, many, times, of
tb cerebro-splnal meningitis germ.
The sketch t shows Dr. Flexner', at
work la; his laboratory.! 7;
Democratic ' and Republican Leaders in
Accord 6htSubject jp Brp wn Men j in
United ; StatesBotli Agree That the
Orientals-
Leave
. "" ftTnlted PrM Lnncd Wirt.)
; ! Chicago, Jan. 8. In an Interview
today ;WUllam Jennings" Bryan, made
; the declaration that lie is Josthe .ex.-
elusion of orientals or Asiatics. He
said" ltvls .Impossible for thorn. "ta as
slmllate, wltb the Caucasians of the
- United States. i . . v.
. Thla etpreBsldtf of his views on the
exclusion question Is taken as an ln-
dlcatlon that in bis speech tonlgnt he
11I formally declare that the Japan
ese should not be admitted to this
country. He says, however, that
the orientals In the United States
must be given protection and, that
their. . property , rights should H be
, "I will not venture v to say by
what means those races could be ex
cluded said Bryan., "But I will
say that any means would be Justi
fied In the end."""" "
WashlnrtonT T. C, Jan. I. The Jap
uui auastlon seems to be arowlng big
car and more dangerous every day. It
Is the prevailing opinion that failure on
, the' part of the United States , to "negoti-
- ate an -exclusion treaty with Japan and
th failure of congress to : legislate
-'. uponthe natter would start more trou-
ble. i , ; . .y' iy:'i
; . President Boosevelt .has held frequent
conferences with the ' California and
; other'Faclflo coast delegations and it la
f believed that he wijl yet arrange ? a
ulUible exfcluslon treaty with Japan.
The matter has been left In the preal
i dent' hands for the present.
Military men of : the - Paclflo coast !
states wilt confer this week with Gen-
eral Arthur Murray, chief artillery,
ton the proposition td organise 'a' com
pany .of militiamen to guard coast de
fense. The Atlantic coast and gulf
states,, almost without exception are
willing to accept such a plan. . ,. .,
i . - ' , ' , i. in ii ; ..: -f '-
"Toklo, Japan, Jaa I. -The local au
thorities have been instructed to submit
monthly reporte -of the- number of Jap
anese going to America,, Hawaii Tend
Canada, from Yokohama, Kobe end Nagasaki,--:
; :y -.' v ,.
f Jos' Angeles? Cal' Jan. " Urged on
vj wim cries or uvnen mm. a mm.
dened mob. Infuriated by his attacks on
a drunken man,ruhed F. Kanowa. a
Japanese storekeeper, into a doorway on
Eprlng street last night, beat him up
with blows and kicks 'and frlvhtmnd
him fairly Into a faint before Patrolman
McCart was able to flrht off th aana.ii.
ants and ret his skulklnar iharn Intn
place of safety.. , 4 . 4 ,r-.- .
A Ooldfleld mine owner started the
rumpus.' ' He entered Kanowa' s curio
store, where an auction was in cros-maa.
and amused himself by bidding for arti
cles, then refusing to pay. for . them.
This enraged Kanowa. Summoning
two assistants,, he threw, the Ooldfleld
man into the street ; : . s '
Knectatora . ttmA. that Id.. Ta.
klrkel the drunken man twice, as the
fellow la on the ground. A, crowd
hurriedly assembled and raamsrf th-
m,ne.r". Passengers leaped, from cars
and joined in the cry for vengeance on
tne Japanese. - The brown man'a nm.
anion escaped during the commotion,
ut Kanowa was cornered. The mob
grew more menacing, v They talked
lvncnlnr but had nn kim h.
g'" appeared and ended the af-
Washinrton. Jan. a-Tt in.,
tnat the State denartmant hmm ku.
asked , by the Japanese government If
this country would offer any objection
to the aDDOintment nt inhn.L4i..
Takahlra, now stationed at-Rome, as
the successor to Ambassador Aokt at
Washington. 8o far as known this move
would, be agreeable to the admlnlstra-
lVUl 4 : ... .I."'....'-..'! ''
'ummmmMmm m .m? (m,
Judge Cleland Sustains'Twb Senator's Method of Taking
or mreo I'oints in Dc- Oath Oyer Phone "Raisn;
murrers Entered ; by De
fendanjs Begirtning ; of
jna 10 lu-i ear x ignt.
Question Whether He lias
: Fulfilled Requirements of
the Law. - .
Court Grants f Plaintiff's ; At- Some K Radical Opponent
torney mysjo Amena could Keep Fulton's Name
Complaint, butiHolds Al
legations Are Not Con
cerning New Matter.
; Off Primary Election Bal-lot-supreme
Court ;; Has
Ruled on Similar Cases.
What -may -prove to be a knockout
blow to the 4 suit offi P. A. Marauam
against the United 8tates Mortgage A
Trust company, the Title Guarantee A
Trust: .company, and : ,,,J. Thorburn
Rosa, .Involving; the ownership of the J aw j
iuoivjuaui uuiiaina. was: Riven in Vne I will 1t Ym nnlkl n ..L. ,.-i..t
vuthw ujr 4TJ valuing uu(Q vieiana I and radlnol .nruna :
rr.r".: fron,:placinifhl. nam.
. -M.vw, Vr..v w vW MVHIUIiei VHfcVlVUfA.. Ha ATfo1ar kallAWka. L.i '
WJ ,iSJ UClSUUttUW. r lrA. 1. m.a. wa SI. a ,
tiff. a.kC foTsVTaVtr ;rd AprU next? : '
hie complaint, and this Was aranted de-i-These are three ouestlons which
spue mo protest or Attorney Mceam
ant, who urged that the time Should be
made' shorter. and suaaested that th
aecision or tne court probably would
maxe ii lmpossiDie ror in piaintur to
so amend his comDlalnt as to-Star in
COUrt.". ' n ';c. a-, -t. ...,;....,. : ,U v
Judge Cleland reviewed the law In the
matter in , a long written decision In
which he sustained the contention that
hia court has no jurisdiction of the sub
Ject matter under decisions of the
courts that no bill of review can be
xuea on tne ground tf error in the face
of the decree after the case has been
Has Senator Fulton complied with the
letter and spirit of the registration law?
-When he files his primary nominating
petition will bVhave'cpmplled with the
letter and splrlt'of the direct, primary
BRYAn DENIES
lllll-l'JOI!D TALE
Commoner Says He Would
Never Enter Campaign on
Platform of That Kind.
y.. , '(Special DUpatch to Tie 7oaratl.)
i Chicago, 111., Jan. I.Wllllam Jen
nings . Bryan ..arrived ' here today to
; attend the Jackson Day banquet of the
Jefferson club tonight One of the
first things he did was to repudiate the
Idea of his running on a nine-word
platform. .' - v s'
"There Is Nothing to that story." Brv
an declared. "I never said X would run
on such a platform. It is Just some
more Idle talk." The banquet will be
: attondnd . hv 600. includina Democrats
from every part of Illinois and nearby.
states. Benators J'avis, Arnansas:
Stone, Missouri; Adlal Stevenson and
John W; Kern,: Indianapolis, will also
attend. . '
. I ' 1 " . 1 . ...-'P'M.ft
14, . Takahlra Selected.-
' '. (DnlteiJ Press-Lee4 Wire.) s
Toklo,' Jan. 8. Unofficial announce
ment has been made here that . Baron
Takahlra, ambassador to Italy, has been
' secretly appointly successor to Viscount
Aokl- as ambassador to the .United
States. , r , . -
i i ill x " I i .mi n' 'i ' ' i
OIIE 0L01V KILLS
-fJIIIEB'Sffliy
Steel Magnate Associates Himself With Other Pittsburg
. ; Millionaires in Offer to Help Bear Expense of' '
.;econdJTrial;ofmite'sSIaj'er.- , 1
(Tnlted Press Leased Wire.)
New York, "Jan, 8. A story. Is be
ing circulated here to. the effect that
a number of millionaires, headed by
Tim ;Monahan ; Strikes Fur
nace Man atUnityi
Diiieiier ana' X.na3 Idle. Ham Thaw all the financial assist
ance she may need Incident to the
trial of her son.' :.:'!:;y'l-t J''i!i ''?.
v "1 am 'ready and willing to aid
. ;: (traited Prsas. Leased wire.)
PrescotL Aria. Jan 1 S Tin. Ua..v..
shiftyboss at the United Verde smelter mT 'Plttaburg; neighbor,1 who was a
at Jerome, almost instantly killed fur- good neighbor,': said Schwab la dis-
nace man Miner with one blow of his cussing the Btory.t 't ' W-n:
fist yesterday. . . , , i Whila Mrs. Thaw la not known to
Monahan and Miller m quarreled, the I ha. flnanMaiiv amhorraqaAd it l M
Ika I " .
that, her supply of availablej.funds
has been exhausted.:
former struck the latter a blow on the
vyin. vi ine jaw ana men walked away. I
Miller walked to a nearby door, stood 1
" ii t w m,ues ana men reil dead,
.' Monahan la In nuatndv. n,nitn.. .i.
NEW MEXICXTASKS
TO .COME INTO UNION
i f 3
i S
New Torlc,1 " Jah.'i:!. Tb4 ; thl,rd
day of the Thaw trial was resumed at
10:S0 o'clock thls morning. . .
Shortly aft erj the i examinatiob had
been resumed John H. Holbert, presi
dent of the Spring Water .company, was
tentatively accepted as the eighth Juror.
"John Enterwhlstle. a contractor, has
beeas tentatively accepted as the ninth
Juror. 'V. . ".v t-:,;; -3
':Te first ' coup . In the I second trial
of Harry Thaw was .executed today
when Atorney, Littleton, the defendant's
chief counsel, subpoenaed three of the
star witnesses who testified for Dis
trict Attorney Jerome at the first trial.
The men who are thus Drought over io
the side of. the defense, are- Alienists
Austin - Flint,? Carlos MacDonald and
William .Mahon. . .,-. ..-.4. -
These doctors 'testified - at h 'fir. t
hearlna that Thaw. In tholr
was insane, at the time he killed Stan
ford White and later qualified their
statements dt sayina tnat niamantal
wrannew am not prevent mm rrom re
alising the enormity of his crime. This
move indicates ' that Attornav t.i Hil
ton wants his client, sent to an asylum
u n uuiuui nan irat, " " 1
District Attornev Jerome Manllnad n
discuss, the coup -of opposing counsel.
When ' noon . adiournment was .. tairon
only, two tentative Jurors-had been se
lected so far today, although 2 venire
men wcra vAuuiinea. . '
BARTHEn TOOK
STOCK
New-; Scandal Unearthed in
.Investigation of Affairs
of California Bank.
ec-
t (United Press Lessed . Wirt.)
T' San Francisco, Jan.' 8. A . package
containing 16,000 shares of Western Pa-
are
causing not a little speculation and ar
gument among the attorneys and those
technically wise In things political.
caused by the peculiar manner In whlcli
tne senator registered and ouallfind
an eletcor while in Oregon a few dava
ago. - . .! . .
? -was pnone oath xgalf . v
' Senator ; Fulfbn rama hacir fmm
Washington in order that he might reg
ister as required by law to enable, him
to become a candidate for nnmlnatm.. at
the next primary election. In following
out this Intention the senator went to
age & rust -com- loy towncW Senator Fulton,
a mortaaae for lann .i i" riuiu,xiio op vy
mil hv Mmviiium . in I aistance phone the county clerk of
(United Prsss Least Wire.)
.Washington, Jan, New Mexico has
presented its petition to be admitted to 1
"mwho aiaienooa. xne petition states
that Governor Curry has received Pres-
laent nooseveit's assurance of his aid
YOONTRIBUTION BOX
CONTAINS THREAT
TO MURDER
MONEY TO EESEBYE
: JACKSON'S OLD HOME
'iv. .:...'...... . I. . ' n .
and gives the population of tbe vterrl-1 "W.ii.L ' -fv r ' u.n.L
tory as more than 400,000. . " . - Washington, D. C, Jan., 8, Repre-
sentauve J onn vy esiey u times . 01 j a en-
nessee.. today introduced a bill in . the
house providing for an appropriation
of : f 3,00O' annually for three' years and
'$1,000 annually thereafter for the pres
ervation of the Jackson home, near
Nashvllle-':.": ; - .. v
mrf. if K . ,
; (Cnited Press Ltsted Wire.) . . 5
. Los ngeles, Jan. 8. In the contribu
tion box last night , Bev, -Alexander
BuccI, priest of the Church of 6t Peter,
; found a letier which, threatened hif life
and accused, Jhlm of grafting, ; It was
turned over to the police, and Joseph
Benedict, a memher of the congregat
Hon' was arrested. Benedict admitted
that ' he wrote "the ' note'and placed It
in the boa.- -
- Several Weeks ago Father Buccl held
a church fair to obtain money to repair
the building, h a raffle was given, and
Benedict failed to hpld the lucky num
ber. : He became enraged and declared
that the drawing had been prearranged.
The 'latter. was written, in Spanish, and
states that.an, accident will befall Buccf
because of his impious work.
FOR LACK OF FUEL
. - (Special Tlptch , te The, Jourq.l.)
.-. Frankfort-On-Main, Germany,' Jan 8.
-Th coldest ' weather: of the year Is
being experienced ltere,,the temperature
i going to II degrees' blow , sero" centt-
death while in search of s work.- and
otiters nave tiled at home "from lack of
BEFUSED TO GIVE t
. : - HUSBAND MEDICINE
f " ' (United Press Leased Wlre.J .'
. San Francisco, Jan. 8. When the Tal
bot divorce case was resumed this mora
ingf Joe Tlmoto, Talbot's ' former Japa
nese butler, took the stand for cross-examination.
":'i"-'''t"''' 'V;Vi,-;' i.k,.;; 6,r
He testified that-whlle he was ' em
ployed by.tn Talbot family-in August,
1908. Mrs. Talbot had ordered him not
to give anr medicine to Talbot In spite
of the Instructions left by Talbot's phy
siclan.' '-.!(,,. 4ck '?.,-..w :Vv
. :ST0 MtEElPRINCE
"f (Speelal; Dispatch M' The' Jonma.t.)r ' .-
Vienna, Jan. 8.A ploi to assassinate
Prince Ferdinand - of ; Bulgaria before
his marriage to ' Princess Eleanors of
Reuss baa been discovered, accordlna to
a report from Sofia. The Dollee. it la
said, have made several arrests.
(United Press Leaseft Wire.)
Dallas, Tex., Jan. 8.Ouy Collett of
Austin has been named by Judge Cal
houn to be receiver for tha Standard Oil
company's physical 'properties in Texas.
A nominal bond will be required of him,
inasmuch as the attorneys for the state
consented to exemDt tbe Security Oil
company of Beaumont and the Navarro
Refining , company : of Corsicana from
the applications for a receivership.
vThere remains practically no tangible
Standard Oil property in Texas for Re
ceiver Coilett to look after. The pro
ceedings thus far look much . like a
burlesque. - - -
SCHOLFIELD-HEAD . OF
CHAMBER OF COMMERCE
3 (Special Dlspstvli to' -The' JooreiU r
Astoria.. Or., Jan. 8. At - the annual
meeting, of. the chamber of commerce
Hon. W. T. Scholfield was elected nrea-s
Ident O. W. Wlngate vice-president, and !
C W. Hlgglngr treasurer. The retiring
officers were James w. Welch, preal
dent. Dr. T. L. Ball vice-president, and
George W, Xounhberry treasurer. After
the election a coid collation was served
to about ISO members.-
who
Ion a
SOD COUntV. an' olll-tlmA frlanl .
knew his voice, and in that manner had
the oath administered to him. ewearina
passed 'Upon by an aDDellate tribunal.
He also sustained the Doint of demurrer I Astoria FrldavJ attt. 'artistry Kaa lllaa ktife
cWo Stock has been delivered toCus- that h. allegations 1 'are not concerning j the necessary statements In the regls-
todian Cushing.at the California Safe I jk. former case was tried. Iiita - n...... hl f-,.-.Linv"lA.
Deposit & Trust company. -With. Its ar- -.v. of Tna" Buli. - ' 1 were not leirallv onen. however, n a rnnM
rJWW ownership "J? 5'T4LWr M
Bartnatt two vears aeo diverted 8878.000 Marquam ouuamg. goes oacx to 1 ZT" "
of the. bank's funds in one lump sum to I i."-..wS"
thlr own nses. - united States Mortg
The shares have been missing since J ?jfnyJ0fr,?;Sc,in 1
.u 11 .u. ,, iooo executed in 1
nuned: WUlT elr tu7S iVTdevlii- fSSS SV
oped they, have been' in the possession ?tthlfn&VWnlZJ2LZ
tLVZZSSSo P. Shonte oaar.rtpan to the fceto W outJa"h.s .litem nt
anil H v HiinNnrtnn la Intereatarl in Marquam appeaieu, ana in iua me case I . niuu. ; no vine .question
?hnad."lo.?8tlL5u0l, ft WeSWand w" . supreme frtse. amon- those ?f technical . bent.
hi VhiV..n a iitnn railrnada. Haw. I cour ' ln av property naa oeen I . over me teiepnone in e.
M.aStt'fWtsB purchased interpretation
PacInVand personal broker for George ??AVJ ","Mon ,a!!7
J.. rinotd. ita chief financial backer. 'i''."1' TO - w ersonaa Am?ear.
- ?r t - . - . " . m . 1 liir urBKiin oomimnT. una ;inn inimvinv w . . . -
The western racinc stoca ownea pyi .-:.-: iV-v..r.iVi..r..r,j:i;i...:ii.is provwea in tbe rea 1st rat inn
the California Safe Deposit company 'rr, ""l" 'JiXi ute that T'every elector mav he ri i.
constitutes jona of the. bank s many JJ-- r pfSpty " .wltulSnarl y Personally ap.
rananjs. hiibh i Thl eB- ..r(llrt K-fora th la. I ja yiio wuica or
wae found, on its books an investment 1 tU(jafe Sears in the circuit court and in ?irv "a'. tter b'nB" dul
entry reading as rouows: - '
'"Bank funds invested in Western Pa
cific stocks, 865,000', stock bought, 26,-
000 Shares at per snare.-
When the vaults were searched only
10.000 of the shares were found. With
them " was a receipt dated . September
21, signed .by r W. J. Bartnett, to the
effect that he had taken for, his own
use the other 16,000 snares.
OIL IVAR LOOKS
LIKE BURLESQUE
Scrap Against Standard, in
Texas Fails to Develop
Big Stick Methods.'
' sworn, stat.
August. 1804, sv decision was grven for 1 i,,1!-V ouowl n? ffts, which the clerlt
Marquamw. This was carried to the P' 5 2eP,u?r ""ai1 appropriately nte
supreme court and in 1806 Judge Sears I i:.?! : 'P at;flrst In the genvral
was reversed, the higher court direct
ing that the plaintiffs ; suit be -dls-
uiiBBoa. A ocreo was accorfiinajiy
enteredto this effect in July, 1908,
arter a 1 renearing naa been denied in
the supreme court The present suit,
attempting to reopen the whole ques
tion, waa started January 16. 1807. and
the fight was renewed in the form o&
ine - oemurrer f sustainea Dy juagu
tjieiana toaay. t . ,
.. - judge Cleland'js Decision.
Treating of . the chief issue raised by
the demurrer,,. Judge Cleland ln his de
cision larsfi-'t- ,i..i- .T.i-----'v '.-!'
'"The Important question , to be decid
ed in , mis case is whether or not a
suit- can be maintained1; for error an
parent in the record after decree of the
supreme court has been entered ln th-i
circuit court in obedience to the man
date of the supreme court ' It seems
to be well settled ln many of the states
of the union that no bill of review can
be filed on the ground of error -on the
face, of the decree after the case has
been passed uoon by the apbellata tri
bunal?' . , .
-.After reviewing numerous decisions
on this point, the court reaches the fol
lowing conclusion:
"In this state.' after the entry of a
decree in the court below, in obedience
to the mandate of the supreme court
no bill or proceedings can be maintained
In the circuit court to alter or modify
(Continued on Page Three.)
In another section of the same statute
It is further provided that "Every
elector may be registered by personally
appearing at the clerk's office and com
? liLni;eWli0.vt.n Provls'ons of sections
7 and 8 of this act; but, if said elector
is unaole for any reason to convenlntly
register as aforesaid, he may register.
Without .Charae. hefora a. hni.n n..v.uJ
of the county in which he resides, bv
hf-5 ' S?2 fr --'M wanks designated
blank A in section a nf thi.
filling out the blank in such a way as
to afford all thn InfnrmiiHnn -.Kkt. t. v .
ought otherwise ' to give to the clerk
under section 7 of this act--
"-..Turnlnsf- then , to ih
nominating law, it is provided in nee
tlon 18 that, 'Any qualified elector wh-i
has filed- his Cetttlnn nn
s,ih.re.ln required as a member of a
polItiCal Party, subject to the provision-)
of this act, shall .have his name prints
on the Official nominating hniir r,t hi.
party as a candidate for nomination."
v Question Is Baised. -;;
' Because Of Lne. nrinl.lntii ..,t,m.
tlon ' is belnsr rained . .h.th
Fulton I registered and qualified un.!(
the-real meanlna an.1 , . .
He-filled out the queatlnns requlre.i l i
the .registration book, l..,t when he nm-M
?f,-?5ldavltu h yiii ; nnt ,v'
SVt muchJ'"!! r- . -nt In person t
fore the county clerk.
A
(Continued on Page Three.)
I NO ;
I NEED
1 To PAY
! ill
1
aV
vmvmwmmiHMHMMHi
A few newsboys exact 5 cents a copy for the
l: daily Journal on the streets. ' The price cf
... ; the' daily Journal is 2,cents a copy or 10
cents a week, delivered by carrier.
. There are any nutriber of reL'ab's snl ac
commodating newsboys who "make chanje," ;
Ing the paper at 2 cents a copy. These are t
ooys to patronize. Where a key rcfu t f
"make change," when thspurcha-er cf the r
asks for it, he should be reputed to TI J !
office. . . ' -
A e
..J