Image provided by: University of Oregon Libraries; Eugene, OR
About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (Feb. 8, 1908)
THE OREGON DAILY JOURNAL. PORTLAND, ' SATURDAY, EVENING. FEBRUARY 8. .1908. THE JOURNAL AN INDIPINDsNT ' NEWSPAPER S. JACKSON... .Fabllaber l'uMl.b4 tntf (TWiInf xp Boater) " awy Similar orlii. t The Journal BalloV lus. ntlk mi XaaUiIll atraets, Pgrtaanu. ur, Kntmd at the enetafflee at Partus. Or., fcr iraiiMiiiauaa Unl) lam OMlia aa -"-" asaitan, . TjELKPHOKKS MAIH TITS. BOMS. A-M6U AH drpartai-nbj rrk4 "by llMaa saaber. Tr-u rba aparatar Iba ckrpartnMal aa weai. Uil Slot attics. Baal 6m lOSKICN ADTEATIbMNO kepkeskntatiti VrMland.lbiitaB.la MimMmI 1 4 Taffl at 11 InlMf, Uranearlr. mnidlna. t Fifth aaaooa. Kear Iorfc; THbnna Building. Calraro. aabearintlaa Tama br s1l ta air addreaa la the tsltaa Sutra, Caaaaa ar aUMee. IkAtr.v Oaa Mae.. 1' ..t3.no I Ona' Mlh 8VSVAX. . ' On year. ...... IIM I Oae SMota I DAILY A NT) SDN OA IT. . Ooa rar $7.50 I Ooa swats I -a ' 'A mountain is made up of atoms, and friendship of lit tl matters; and if atoms bold not together the mountain Is crumbled into dust.-"-M. Tup- nominated br only about on third of the Republican vote, a small plu rality. What of that? ' It Is our ays- Um all the war through, the plural ity man wins. . .There Is -no other method, except br a second popular I vote, with the contest narrowed to two men. Men are often not only nominated but ' elected by a plural ity. If three mfli were running; for i governor, and one received 15,000, another 84,000, and the third 33,000 votes, the successful man would have received only a little oyer one third suite 1 in corruption, and that every where is the subject of bitter pro test." There is scarcely state In the union today, where thev have no bU season opens? . - i t nr-lmar law In uhlnh thai Mnnl -' and the tinnur,haaihl. newsDaoert vocatea national , . ,.,.UUH wt puim, Small Cbango :- Onlyleta see, how long till til base- a : ' Cleeton rhvmaia with, ku f , v., i. . . -: . . 1 o iui in ins line. It la sunnoaad hat tha ataai.ant -1 " uuignm anomer oomb. a a It la nnlv tha .! nnlll.i...'v. I t. I- ....a I ... .L ; "r1" w" ara i it. jd uiau-iuaus m Ivf " k pnmry law and statement e . Jhe Prs o Oregon will five Sena. tor Fufton a. hearing and w6n't chare e e And Mr. ' Halnea. whoae 1 FULTON AND HEXEY. R. FULTON is a United States senator, and is a candidate for reelection. He has lived in Oregon since his youth, end has been prominent In the state'; politics for many years. He has to depend this year for his nomination If not for his election, on the peo- 1 pie, and they are properly Interested ' In his record, in all his public acts Xot only as a public man but as a citizen he desires to stand well with the people, and has a right to resent any misrepresentations of his public life. : More thaoi this. If one attacks him, making serious charges against him, he Is entitled,, under the pres ent circumstances, to have the charges made at once in full and with all details. ' Mr. Heney has made certain charges against acts of Senator Ful ton performed years ago, the worst of the specific ones H years ago. nnd has submitted to the public some evidence which Is being considered. Senator Fulton has in general terms entered denial, and promises more specific and detailed denial-of Mr. Heney 's accusations. So far, the peo ple will have to make up their minds after . Fulton and Heney have sub mitted all their evidence and argu ments. ' '" . ' , But It is not fair to Senator Ful ton, at this juncture, this crisis in his public career, for Mr. Heney to say that he has. a lot .more to tell about Mr. Fulton, which he may re turn and teA at some futnre time. What he knows If anything of im portance, should be told fully now. This Is due to the people of Oregon, who are to decide Mr. Fulton's case It is due In a more specific sense to are not clamoring for one. Mr. Heney was right in his advice. The people of Oregon will grievously err,' If they allow the politicians to take their primary law, or any part of it, from them. . It may have minor faults. were to be expected. It would be of the whole, and yet no one would strange if it did not have faults. But want the legislature to elect a gov they are trivial compared to the lurid I?!L ""i1. . V - A . . a I. . . .v- 1 a I - - wnur uu mai account, aqu in con I taaiu lociaeni 10 vav ihjbb aim uia- ventions the candidate with a third chine system. Time, patience, and or less of the votes to start with often wins. At the primaries, each party makes its choice of a candidate for senator. If either party has more than two candidates for the nomination, it is pretty certain that he will not be a majority but only plurality nominee. In the succeeding general election the candidates of the two parties are opposed; the people decide between aw 9m a a. . a. a a. a. i (.uem. ii iney wani lu nuca 10 Vnj, . .i ... . -i, - a , aui " aupponea mat n a a well and good; if not. it is their own "v" ---"- LT I U1U 001 njuon to t away. uvuej a vivikuuvui iu vitkuu. iu j - a very large number of people lJSSJSTtS: M i v.utk n a iiiim tut iiuucr " vnuuiB a vaienune nexi weeu (dnntlnued from Fage One.) .. Wliuv I.IVJJJ. tiiu.i ifauvuw. auu i .... j- : , " VW.ua. UM little trouble will correct, where Kn?"1" -8UU Pank' correction is requirea, ana wen tne , j . aa a . a. rvuuiar Tun wit t jrasrofi i-r ami nil. pian wuj do perrect. can Hucnea and La Foiietti miVhf u . . m nwj race. II ATT. YMTVn fil'II.TV. I e a ra. jua wood-i'iatt vy la another OHN HALL haa hn aiUnAc-ori "r".n? rP"rs are ahatne- .--, l luiigr nca;ieciinf lately. kuiiij ui cunspiracy 10 ienco e a government lands. The verdict I Schwab aaye 'money is not uoceea." whl-h r..r). h th ""'."a ". prnt millionaires ' - -rf; i iivui iRuiog iooi remarka. atter oniy mreejiours deliberation, i adda nna mnra in thm tnna- Mat nf I wel1. Wall! J I had no previous notice and no oppor tunity to meet. Tor. there was no evl dene against me of the conaplracy charged in the Indictment -and I have no eonaclouaneae of having done anr thing wrong In the matter and while the Jury has found me gulltr br their verdict, there U nothing In my con science that aocuseS me of anv'Wrona- aoing and thoie of my friends who be lieve in me and my Innocence I shall be pieaaed to have great me as of old and i ii oaa woo noia tna eontrar- onlntnn mii vj on ine oiner aiae. Judge Hunt's charre to the lur vu an exhauative dlaaertatlon on the law Well, well! A murderer waa cauaht! ?i .w7 S" ndoocupled two houra in But It la auppoaed that he la demented. . . llvo- nM c waa Anally and he did nottrr much t .J?" Tl?.niM' u"ed over to the Jury at 10:11 o'clock business; whose else? The people are supposed to know what they are about In electing a senator, as well as a governor or secretary of state. If it Is right for the people to choose, if that is what they want to do, then, except to go through the necessary form of ratification, the legislature has no business meddling with the matter. Let the people rule. ' The people of Oregon are now up against this identical proposition. They can elect their senator for the next six years in the next June elec tion if they wish' to do so, but they can do this in only one way, and that is to elect only Statement No. 1 men to the legislature. And whether such slon has been widespread that while the evidence might Justify the con clusion that the former United States district attorney had been guilty of If Taft ahouM ha ataxia .la.. mA ... T. .l"""""'1 -iiuuiu ua war, wnii a aandy - - v ww novaareii wouia make. YAaafKt t. . . . malfeasance, there was noX'nrhrilVSl sive prooi mu oe naa Deen a party to the conspiracy of the Butte Creek company to fence government land, the specific charge on which he was being tried. But this was not the conclusion of the jury. The law, as expounded by Judge Hunt In his in structions, is very broad in relation to conspiracy and Hall's fajfure to Ith llne mt T". buttermilk prosecute the officials of the Butte Anally and It wa 1:S0 when word waa aent to me court uiat a verdict had been reached. According to prevloua instruc tion, the Jury then aealad Ita varitlnt and retired for the night - The Inatruotlona were more exhaus tive -than -in any of the nrevlotia land raaes, and went into all the phasea of the law tn detail and thorouarhlv. Th eaiaouanment ol a conaolracv waa flrat treated by the court who held that It waa neceaaary ror the jury to eatabllah 1n Ha own mind, from the evidence of the caae, whether a conspiracy exiated aa riw in tne indictment ll 11 waa exutant Jude of t ha rnnanlrmftf mrA in affart lla Ah. jecc, bfcomva tne act or an. The . mvarnmcnt ia not renulred furnlnh direct evldnnee of a couanlrary or of the kaowladce or Intent of the defendanta or either of them, but the conaplracy," kaowlodge or Intent of the defendant my be eatabllahrd by clr oumatantlal evldance. If aufflclent ' for that purpono. . The rule - in relation to circumatanttai evionnce aa appii'a in ine trial of a defendant charg-ad with crime le tnia: in order to Juatirr a jury in finding a verdict of guilty baaed en tirely on ciroumatantiai . evidence, tne clrcumatancea must not only - be con latent with the aullt of the dfndant but they muat be oonaltent with any other reasonable hypotbeala that can be predicted or the evidence, or. stated in another form. It la not sufficient that the clrcumatancea proved coincide with, and therefore render orobable the hr- potheala of guilt aa asserted by the proaeoutlon, but they must exclude to s moral certainty ana Devono a reaaon- able doubt every other hypothesis but SiraFORECAST me week OF COt) Discussion of Aldrich Cur rency. Bill. Wiil Occupy ; ' : U. SAcnators. (Colted rree Laaaa Wire.) Washington, Feb. l.-Dacusalon of tha Aldrich currency bllL which Senator Aldrich fa a ! . the alngle one ofgulft, or ifie lury roust vond , 7 "h wwn find the defendant. not guilty.'' , r' W,U P00 Publlo at- "' wcusea on tne senate during the wee. i Cautions Jary on Xvldenoe. Tha court held that the evidence riv en by Steiwer, Hendricks, Zachary, and Other members of the conaplracy U leaed - ahouM be viewed with cautlun by, the Jury. Such evidence waa com petent end ahould be alven considera tion unaer orainary clrcumatancea dui at tna same time it was for the to decide how-much weight ghoul given to such testimony. tia .Ai..t h.M .Ka..iji Ka ia.a I tnrouShout tha annfh Will k. a an..,K- care and weighed carefully for It waa I Sf" lnlf ration conference, which Is to of Interest- to the defense who waa on I".1 Wedneadav at Tampa, Florida. The voiuniuii win Dm atienaea oy delegates l7ii zr" !.f "ouuiern atatea and ' Tuesday will sea the firm klmi.h n conseauence in ih, nmMamui k.,n. tS ?i!.8'.i0,?itnt..Uy Popular prlaiariis JliPrftc,l,ca l3r Jl,! counties of Ohio Will ba aSal,l na ha ...11 -a 1 . . . . . . v - 111.11 uvuuii Sf-,.i,id,,.t"N,,r"t on th Pres idential quesUon. The result la expect. !r-t2.a,hjJWw' lively the relative strength of the Taft and Foraker forces. .,;.B e Particular .. intereat a I 111 iu j Admira.1 Vvmnm rmv a vi . , "ulM juage Munt aaia that the Sand? Point ta? J?rELon5ed- hl "u?ua! PIo,0Ut,, "-t then ahow that one can ay point two days, pernaoa SO that I of tha nvart mKtm -h.r.l in aw. i.'ir... tne marines could aet nlanv r . v.1 a V- . " - 2 " " " " ' . - - i ...... . vwu uvna iu rucuv vua vur- "vaaa w alia conspiracy. Three Overt Acta. Three overt acta had been eat out In the Indictment the court said: the ala nature of H. H. Hendricks to tha home atead affidavit of John M. Morgan, June it, i; me signature or cnaries A. before tackling the Japa. a a vice-ireaiflant vm.v. i i miiw it. k Tn,i?ep merntr of a Butter milk club In Texas. But he may draw aside from the election of a senator, which the legislature is thus relieved of, there is properly no politics what ever in state legislation. ni.1- . . . l lava, i r, v. -a. , . . " compliment Mr. Gear pays Wateon to hla non-mineral affidavit. men are Republicans or Democrats is LV "V .wm. T. """u : TrihnJT Kt" ,n. th pn"ton June ll, U04. and the threat of C. a matter of no consequence, because ! p! object" to tS&SSKX w-tTlaSffw r'. Z?12JZ luiiicieDL iu cuoticl nim ui uhidk an amaia." - i . . - . . accomplice in their crime. A COMMON TRAGEDY. SENATOR BOURNE. S ENATOR BOURNE has critics. He deserves criticism occasion ally. Most public men do. More public criticism ought to be meted out to them than they get It would help them to keep out of the primrose path, politically. Dm u may do saia in senator Bourne's favor that he is one of the very few men In the senate who if a supporter of the administration pol icies. When the special message of the president was. read in the house the other day both Democrats and Republicans applauded it. In the senate there Vas a different recep tion. Save by a few, little or no in terest was manifested In it. It was an unwelcome paper In that strong hold of entrenched wealth. It was Mr, Pulton himself, who must leave a discordant note on the ears of the T his case to the" people ,n the near .future. He is. entitled to know the worst and the whole of Mr. Heney's charges against him, not at some fu ture time, but now, without delay, t Unless Mr. Heney tells al) he knows, and so admits, now, the peo ple will have a right to assume that he has nothing further of a damag ing character to bring against Sen ator. Fulton. Mr. Heney's case against Mr. Fulton should be fully made up and submitted at once. This we say; not as a champion or de- high and mighty senators who, be cause elected by corporation legis latures, owe the rabble people noth ing. The plea from the man In the White House for restraint of dishon est Wealth and. for . alleviation of wrongs of the lowly were as effect less on them as the beat of winter winds against-' the Rock of Ages. Only a few in that august assembly heard and applauded, and one of these was Bourne of Oregon Unlike any other senator ever sent to Washington from this state. as a matter of fair play. SHALL THE PEOPLE ELECT? IS THE ISSUE. fender of Senator Fulton, but simply "Bourne owes his election directly to the people. More than any of his predecessors therefore he is respon sible to the people and under obli gatlon to do, their will. So much more severe will be the popular con demnatlon if he fails in the recogni tion of this responsibility and this obligation. Only through Statement No. 1 do the people have opportunity to exact from their senators a faithful com pliance with their will. 1' R STEPHEN A. LOWELL, an able, conscientious and dis tinguished Oregon Republican, recently made an argument against Statement No. 1, although he stands up for the rest of the primary law. .The matter could better be discussed with such a man If he would at the same time say plainly whether or not he Is in favor of a .constitutional amendment providing for the election of senators by di rect vote, of the people. To be con sistent, he should not be in favor of ; that , change, probably Is not. In that case, the issue is clear. There are many Republicans who take this view, who think the senators should be elected by legislatures, Instead of by the people, as fhe federal con stitution provides. That question we , will not discuss here, but only remark that such Republicans, or men of any party, are but a small minority; the great majority are for making the change, and electing sen ators by popular rote directly. To say that this cannot be done, in effect, without changing the fed- MR. .HENEY'S ADVICE. M' R. HENEY advised Oregonians to cling to their primary law. It may have a few faults, he said, but its general effect is excellent, and wholesome. After wallowing for months, as public prosecutor, in the filth and corrup tion of Oregon politics, who is in better position to give advice? After wading for months in the slime and debauchery" of municipal corruption in San Francisco, who more than Mr. Heney is In position to discern the need of measures for defense of the people? He has won his way to na tional fame through prosecutions of corrupt -politicians. It is these pol iticians that contaminate public af fairs by their touch. The farmer in HE DISPATCHES tell of two women, one 70, the other 40 years old, found frozen and starved to death In a bare room of a New York City tenement. In the room 18 pawn tickets for cheap articles of furniture and dress were found, showing what a prolonged, desperate, hopeless struggle had been made by these helpless women against the ruthless wolves of fam ine and frost. Day after day they weakened and shrank and became more hopeless; night after night the terrors pf the chill darkness in creased. In fitful, shivering slum bers nightmare wolves snarled and snapped at them; with the morning light they awoke only to a day of still deeper misery. They had once been happy, gleeful, petted little children, perhaps; they had been loved, possibly had been wives and mothers; but as the cold and cruel winter drew on, and nothing was left to pawn, they lay down, faint, chilled to the heart, and Death, steal ing over them and gradually numb ing their suffering sensibilities, came as a friend, a welcome visitor, a saviour. This is only one of many winter tragedies in the large cities, where hundreds of women and children slowly perish of cold and hunger every year. But the trust magnate who has raised the price of coal rides by uncaring; the millionaire gives to a college or a church, and thanks God that he is not as other men aref especially as the miserable wretches who starve and freeze to death. THE RAILROAD LAND GRANTS. s eral . constitution, contradicts the his rural h6me is not stealing from Tl. . l ..-...!...- I . nr. ... fact It has been done in some states for years, and was done in Oregon last year. It would : be better to change the federal constitution, and have all senators elected by the peo ple, but since this is hot' likely to be. accomplished, at. least for a long time,, each state can practically ac . compllsh the same result, and it will the state. Whenever the state Is vic timized, he is one of the chief suf ferers, because It is his lands, and his livestock that pay heavily in the taxes. It is not athe busy business man, . engrossed with the demands of his private affairs that is corrupt. or that desires corruption. He hates the tricks and trickery of those who oe accompusnea tn Oregon by means are taxeaters. He and the farmer of the primary law. Including State- detest the secret immunities ' be- ment No, 1, and not otherwise. The v real election of a senator will then . occur at the general election in June, the legislature the next win ter merely formally ratifying tha people's choice, in deference to the stowed by high officials on guilty defendants. ' f- They; despise, ' and we all despise these- Inner circles of po litical chicanery and manipulation in wnicn one . political nanger on is aided , and abetted by another in federal constitution. Do the peonle . TIT i i ....:-" .tar thir a,tJ , aZ??. "lines against thertate.t It is not V S.U avv avaww waa-ava vvaaaawi S aVlI ?3JLy Instead of .leaving the job- to the leg islature? With many -past expert ences in : mind, we have no doubt that they do. The primary law, by fs Statement No. 1, provides the means of doing this, and the federal constitution is not at all fractured er offended thereby,". And this, Is the only way. - - . : : . t it is urged that Bourne was by general consent, or by : general knowledge that laws are laughed at, that officials disregard their oaths and that there are actual conspiracies by officials with those who are guilty before the law. , These are products of anystem. The system Is boss and machine rule. It is the rule; of the i few-who secretly: manipulate con vention and control legiBiatures.v It" ia the plan, that everywhere has re- ENATOR TILLMAN wants to know why the government is not moving in the matter of the Pacific northwest land grants to railroads that are holding millions of acres of land contrary to the terms of the grants, and to the great In jury of these states, especially Ore gon. The people out here have been patiently awaiting some movement of the government In this behalf and are obliged to Senator Tillman for hlB evident. Interest In the matter. Senator Fulton In response intimated that the government was still pre paring to move in the matter, but did not as yet desire to disclose its position, in which case the people will still wait patiently knowing that the government can move but slowly. But there is no doubt that in equity the railroads ought to be compelled to relinquish those lands, as provided for in the grant, the terms of which they have long and persistently violated. If a few poor settlers had violated the law as these railroads have done, they would long ago have forfeited their lands, but in the case of the railroads It is doubtful whether they will be com pelled even to comply with the terms of the law after the lands have been forfeitable for many years. This is an Instance of how the people do not get a square deal. e a If about a mil linn .. 7 a rin u'OTPa 10 wegon Just now, moat of them would never go back. '""i.0 wlnd "P thelr affairs there a e J. J. Hill was aaaaaaaA nn hea aaa personal property in New York, but !!W2rVf' 5." ut ,,8 00ft ot lt- Moat rich New Yorkera would have cut It a a Quite a lot of Oregon politicians are determined that the people shaU not Sino"1u.thelra "tors hereafter. The first thing for the people to do Is to muao pouiiciana, a m -.f.trhaR" ,f he 3?-n't get the noml- m.i.vim uur-rnnr flurries will be sorry he spoke. If he W kept silent. p" T ," ws the smart est man that ever lived a a Mr. Qeer has made no fight upon Mr. PA1 ' ,nor "7 anv other Republican, and will not In anv t-. , . Tribune. Not even. i. ,n i v'i e...i.a. w . na-rmuder, a de- ou EuiDvuier or a, nor.e thief. a a Down In nrnhlhltlAn Vfi- . w,:.eyJ d,wh" on. alt. and , .. - , . 1 aiconoi, water, prune Juice, sulphuric acid and olive oil. pe haps .some Portland joints could m" VZl tVT. Si H the" "hlk" y Oregon SiJclightr patlotTtax FU" Wl" lmp0M an occu" a a A S-mlll tax haa haan latHaa a new school house at Dllley. " a a A big- sawmill estahllahmant at r casset is bankrupt Harrlman, a , a mowi-T Jwo 5-cnt theatres, both a ...v.,r,, mjs me Btatesman. n.T.hJinIJ."et ""f.t'on will be the .....vutJt, ioouo m wanowa county. Sk a. i.JJ" irBt,vPf" PO"t'flce showed a large gain in business In 1807 over 190S. a k!h x-tJem2. PvfrtV unknown In ::-VY-i o a newspaper that town. of have been process of Rear Admiral Mead's Birthday. Rear-Admiral William W. Mead, U. S. N.. retired was born in Burlington. Kentucky, February 8, 1845. His active career In tne navy began in 1866, in which vear tie araau&tea rrom tne An napolis academy. During- the 40 years that followed, or until nls retirement from active service a year ago. Admiral Head did duty in many parte or the world. While a lieutenant he took part In the capture of Korean forts, com manding tne ngnt artmery mac was landed from the American flagshiD to demolish tne rortuicationa. uuring- the latter Dart of the war with Spain he commanded the United States ship Ma chine. In 1902 Admiral Mead waa a member of the naval board of inspec tion, and during the next two years was commandant of the naval training sta tion at Newport. At the time of his retirement he was commandant of the Portsmouth navy yard. .; The total of the tax now being; col lected in Umatilla county Is 3S1.880.82. This Is 25 per cent greater than the amount of "the tax collected, last, year and It is double some of the taxes of Mvttal eara ago. ,; -y-'t v.-v i -?IS2a i3?'aver app1'' P,cke(1 ,B Onto state of preservation. a a A J able VlnrU mam m!..i . " j i yuunoi. a a Fifty-four travaiina- United States, were retaH IZZ v.,. inai uho aay last week. a a .... 1 "Lm-? J0'J0? orick. which has juo uniBiiea dv a Eugene man whlV0 an2 anotvher kn starled! hloh will be sold by the time they are per M advanced I a a A Eusena man ommtaa c . . . ; . . ' J new TvBl s:;r'r-.-,La7,'yj?5 "tt that i since scnooi opened last year, some of which have hSTS compietea and others In building. a a A Coqullle man rau?ht a nice full grown deer on First street. It had evi dently been chased by dogs, as It ap peared exhausted. It was taken to tfie captor's place and will be cared for and probably tamed. a a a JOBCnh 'Poncar aha n...ll. ii., ... Klamath Falls leaving an estatn of fnbTht,-Me a! o? cept 11.000 ?.?e ,Ki.ama.tah Fiall8 8fh001 d'atrlcC in trust, the interest to be used for the benefit of the school. lne . 11 a a -Estaa?,a Nw: Last. Sunday's Ore ?""..Pali?.. Journal ,gave Clackamas : vlll Page of good, trilthful reading, and some fine pfioto- graphs. This is advertising that pays, and the country will be the better for It a a . - . Salem Statesman: Congressman Haw ley Is new at the business, but he is earnest and honest, and able and in dustrious He wants to do the right thing, and he is willing to dig. And that is nine tenths of the battle of statesmanship. a the Inclosure of the Steiwer eomrjanv. It was also pointed out by the court that a defendant was In lew presumed to be innocent until proven guilty, and the meaning of a reasonable doubt was discussed. - The Jurors were told that tney were the judges or the credibility of a witness. Judge Hunt declared that the filing ox an aniaavit oy a complainant against a fence, as set out In the statute, was a declaratory provision or tne jaw max ing lt mandatory upon district attorneys to begin civil action against the in closure upon Its filing. But the ab sence of such an affidavit did not pre vent a district attorney from beginning acuon eifner 01 a civil or criminal na ture aa soon aa it was brought to his at tention that such a violation ot the law waa being effected. The district at torneys had the power and machinery of their office at their command to enforce the law and to gather evidence for its enforcement at any time they were aware of its violation. All Ponkt Mas. Be aUmoved. One of the chief contentions of the prosecution throughout the trial had been that the failure or emission of John Hall to bring actlon'acalnst the Steiwer company conatltuted a violation of hia oath of office, and that such an omission waa the manner In which the conspiracy had been aided by Hall. In discussing this phase of the law, Judge nunt aaia: i "A man may, by a wilful and inten tional omission to do that which, as an official, lt la his duty to do, Intend and be guided by a motive to aid and abet persons In carrying out a conspiracy, or in attaining tne iruita tnereor. and if he knowingly does so. and he Intends to accomplish a common unlawful purpose by such wilful omission to do his duty, he may become' a part of a conspiracy and thus become at law a conspirator. and liable to Indictment and prosecution as such. And In this case. If you are satisfied. beyond a reasonable doubt, that the de fendant Hall fully knew at any time before the 16th ot February, 102, that two or more or the defendants had agreed and combined to Inclose the pub lic lanus oi i no uunou oiai.es unlaw fully, as charged in the Indictment, and that they had so unlawfully fenced and Inclosed them, and . that, notwithstand ing such information and knowledge, he wilfully. Intentionally and for the pur pose of aiding them In the unlawful In- closure cnargea, retrained xrom institut ing civil or criminal suits and proceed- I n mm mm Via mvmm A-a ill rakst Kv lata iln "BD asva im tt aaves ihijuii vu J j ( w tav uui and so refrained with the purpose and Intent that some of the defendants mignt carry out tneir uniawrui comoin atlon and might unlawfully Inclose the i rial ami mia-nt be ao constructed aa tn lean to the cause or tna defense; where- In dlscussln the auhtect of eon. spiracy Judre Hunt held that anyone who. knaar nf tha fArmatlna Aa iuin spiracy and neglected or refuaed to abata It when It waa his duty so to do oecania a conspirator, m discussing wa Muvawun juufe Jiuni saia; . aUgwdjutg Conspiracy. , ' "There la a further rule In conspiracy, Any one, who, after a conspiracy is rormen and who knows of Its existence, Joins therein, becomes a party from that time: hence, if you find beyond a rea sons oie uouoi rrom tne racta aa proved In this case that tha defendant Hall Joined the .alleged conspiracy between any two of the other defendants In the manner and way set forth In the in- especially busy week for Secretary Taft airucuuna si van 10 you. ana continues i e win so to uirhinn u.i. i . i.. knowingly and Intentionally to oartlcl- I week to address pate therein by aiding and abetting I quel at Grand Rapids, and will also b will be addraaaaji hv 11,. e , "J ...w ww. uia... .,ai,i Kpanlsn ambassadors, the governors of Florida and Georgia and other men of wide-prominence. The most fonantnHAiia awan . Ik. week In the social world -will probably St wedding of Miss Theodora BnOntat. nfallaVh taaaa a Wa lf. mUaa Ik? if B.h?nf"t a th Duo de Chaulnes wnicn Will taka nlnna KhJ, aa.-- noon at the home of the bride s parents In New York Hty.. . I?. , Ptical field there will be FYt nH AAtlwItw Vta. I a - a ar a XAT-- kiIIVj" caieoration or jjin-, 2m ab-lrti,da'r anniversary Wednesday Will afford ODDOrtlinllV all l Ik. presidential noaaihiiitiaa . a .. other party leaders to air their views , over the banquet board. It will be an the conspirators la carrying out the purposes and objects of their consplr- - m . . r aaa.aaa. W lag, SJV Ug) ' heard at Lansing. Detroit, and possibly yiuwr .poinia. At -tna end acy by wilful and Intentional neglect of the week he will make another trip. mA aaaa. re aaa. I a. - - - Ll. St 11 .a..,.. 1 aS I ai tiaata 4 a, il a a . - ' and refusal to perform his official duty in any oz tne ways hereinbefore re ferred to. and with the Intent to co operate as charged, and you further find tnia time to Connecticut to anaair ,i ih. fordr of tD lulnnl at Hart- Wllllam X Bryan will wmd un hla that at any time within three vaara be- I New York state Jour at Rnf fain Ttraaa. for the tenth day of February, lJOilday. when he will be the guest of the (tha date of filing of the Indictment). I Erie County Democratic committer any overt act charged In the Indictment. The Lincoln banquet of the Mar- and to which proof haa been adduced, quette club of Chicago Wednesday night waa committed by any one of the con- will have aa speakers, Senators Bev- splrators, with Intent to carry out the fridge of Indiana and Piles of Wash- Purposes of tha aliased , eonanlrarv. lngton. whiia the said Hall so continued know- Senator Knox will be hailed as tha ingiy ana uitentionauy to participate l preaiaent at tne annual Lincoln : n aucii conspiracy - tne saia nan may ""y oanquet or tha Plttahtlpa. .h.mh.. vuiumorce. m. wnicn ?ne will be the guest of honor. The RepubUcans will not have a mo nopoly of the Lincoln birthday celebra tions. The New York County commit tee of the Independence League will give a Lincoln dinner at which the aruaa war! II I I 1 mmmi Mr. Heney seemed well pleased with. " rZ""'V""?-?a-.lVnW. the charge given the . Jury but Judge Thomas L. Hlsiinof Uunrht. ZLt' be found rulltv of the offense charsad Id the Indictment, although it 'may ap pear and the Jury may find that he. the said Hall. Joined aald conspiracy at a date more than three years before the finding and filing of the Indictment" Webster Offers Objection. Webster objected to lt In general and In detail He objected to the definition of a conspiracy, to the statements re garding the overt acts, to the statement regarding the filing of an affidavit and ion a district attor ney and to the failure of tha court to instruct the jury that the defendant had Interpreted the law to be that lt was necessary for an affidavit to be filed before a suit could be filed. Most of yesterday afternoon was taken up by the closlna- addreaa of Mr. Heney. Judge Webster, however, did not close until nearly half east 2 'clock. Mr. Heney then at once baa-an his closing argument and went over the case ox me government until alter S o'clock, when he.flnlshed and a recesa was takan until 7:45 In the evening. , Mr. Heney made a atrone- address tn closing. He did not deal with the de tail of the case so much as In the open ing ststement, but went into the prin cipal points. He contended that lt was a most Important case and that the Jury had a serious duty to perform. He re plied to the sraument of Judae Web ster that lt were more to be desired to have a district attorney who waa merci ful than one who dragged every one ruthlessly Into court without considera tion of circumstance.- In this regard said that lt was the ruthless prosecutor wno aavea pain ana sorrow oy setting several other man nmminant in nn.i. Probably the most important event of im week for the Democrats, however. . ,.? the. wlB?onsln state convention in jniiwBUKce, at wnicn delegates-at-large will be chosen to the Denver con vention. It is expected that this will be the first delegation instructed for' ail. EXCUKSION TIJAIN HERE (Continued front Page One.) P'ra Candy company of Spokane dlJr'l "w oi cnocoiaies, tne rort-t land committees gave out packages of Portland souvenir postal cards, already stamped for mailing, and It appeared that every car tn the long train was a scene of reunions of long lost friends ana relatives. The arrival of the train at the union. Nation was a signal for another rush of Portland people, who had friends among the excursionists. The brass band strictly followed orders and blew as if it were trying to "blow ita huii off." much to the satisfaction of.th Portland managers of the reception and the entertainment of the visitors. .J'?orPw P4"- w nel but to say that this excursion la marfn lin frnm such a solemn example on one or two h 'Prosperity People' of the Inland cases -that the thousands would heed empire. .Our presence on this occasion pnaaa ior us," saia President and refrain from violation of the law, it was tne man who prosecuted relent lessly the large offender against the law who put up the bars to the violation of the law. rkiiKlit la rAm si nf Ii vimi hoi I Air a t-kaanstaa 4 hwiiu aaataauoa uu a a. j v ta wuiiv w- J vim a reasonable doubt, that after he. Hall, had acquired such knowledge, and after he had wilfully rerrained from Institut ing such civil and criminal proceedings. some overt act charged in the Indict ment, and proved on the trial, was com mitted by any of the defendants for the great state of Oregon would have been purpose of carrying out the unlawful I thu aiamra nf hin. Bana. avaamanf 'aa fi)iira1 than frha 4,.v I VI.. I t. i-ji.... a . , B. ...... , ...... " milium iiiuiuieu anu convictea; 11 would be warranted in finding that the would have been saved the disgrace of ""'uuti iii iiu in ui.n'iiiaij in-1 navina; nermann.- Williamson, Mays, tentlonally refraining from instituting Browncll end Hall all Indicted and aucn civu or criminal prouecaingB was some convicted, it would have been Klfh Xave Bayed Others. He contended that the conspiracy had ita beginning so tar as Hall was con cerned when Hendricks came to Port land May 7, 1000, and told Hall to use the, fencing case as a lever to control the vote of Steiwer for tha ITnltait States eenatorshlp. Mr. Heney then turned his attention to the Tillamook case and contended that Ed Mays had told Hall all about the guilt of Claud Thayer. "If Claud Thayer had been Inrilcta' and convicted away back In 1901 the sufficient proof of his having Joined the unlawful agreement and conspiracy cnargea against mm ana nis co-defend ants. Must Snow Intent. The argument of the defense that ther prosecution must show Intent to do wrong was also treated at length by juage Hunt, woo in mis relation saia: "But as I have said to you. mere de lay or neglect, unless the delay or fail ure to act was done for the ournose ana wim tne intent or enaDiing per sona to violate the law. would not ren der the official guilty of conspiracy. rositive evidence entirely in proof saved the disgrace of seeing Its public men brought before the bar of Justice US." aald Praairiant H- v.- OoodalL of the SDokana rhimW nf Commerce. "These people are paying 122,000 for a special train to carry them to southern California, for a pleasure trip, and they will, as a matter of course, spend not less than 130,000 more in connection wun tne junket These 'acts will do the talking for the great aiu uivBucrvus miana , empire rrom which we hall, than which there Is no better country. We are delighted with the auspicious beginning of our excur sion, and are having the time of our lives. ' gouvenljr Coins. Secretary Men mm inrin,, ati ih.i had been said, and distributed souvenir wuiwr uuina oeannr nra ua;ArtTi . n tlments in relation to Spokane's great resources and achievements. At Portland the party was Joined by air. ana Mrs. ueorge Lawler of Ta. , ib a iirominent capi talist and one of the sound city's pro- T.i .r i o . iBiun provea so imtuo iu Dponane ana Walla Wall; people that before Its list rjeat many more people could have been uVJaT. & tn'.VL0.Iai,a0n" JSZ Jh2 tf hS PIS At the last momlnt 5 tvi sviits uerina wnrn Rani wnssi ....-.. day two large, portly women, either one weighing-more than 200 pounds, came w-i Mni ana insisted upon belhg nrosided. with bartha v -.v."W.e. hava been looking forward to iiiiB iriv, ana we cannot bear to be left wu.uu a uu must linn room rnv nu - law." aald Mr. Heney as he contended mat it was tne rault or Hall In not bringing the Indictments that the land thieving : of Oregon flourishing un checked throughout all classes and dis tricts of the state. , Batisf led With Terdlot. He contended that Hall had charge of the enforcement of the law and that a,n,fl,fJr.bert.n w,u do" Pleaded one! it waa his dutv to see that thev n Obeyed without waiting for the unrav. eltng of departmental red tane. When the agents of departments failed In their But the agent, mmmtrlnr tha tions of the speaker from the corner of was torcea to refuse. . The nLa SK,,?heif nl,rl ?c?r.0f Auttt did not relieve Hall from the dls- P ntment., aiauoy or walla Walla, 'a iU.l-.ri . 1 i"" vriy, is extensively in terested In farm In IT Tta la nf lha nnlnJ Jo" hat the present year will prove a-v , auiiv sbbs nniinnrnug mw unt rin was of greater nPalh,we;' Poopje as was the year Just a one dis- cnm. i u. U littla ones fnr . HO far as fa From the nature of the case, the ence frequently is in part clrcum. stantiai. ho, tnougn tne common design is the essence of the charge, it Is not necessary to prove mat all or the parties charged met together and camo an explicit ana formal arreemnnt for an unlawful scheme, or that they assumed by him I or his office, Mr. charge of the dut: when he took the o; Heney urired Tne .one great reason for the nuniah ment of the crime wasjlts deterrent ef fect on tne criminal. . . deterrent effect-to bri; inal to book than several little ones for T i a,.,' - rtM illrnctlv hi wnrta nr iM -i Y 1 !!". u nine unes ior .." i, v uunuiiiuna are aTiate to eaih other what Y:",a-V .1 ?ea people that no one was i?!"' CP PPcts are excellent, That thousands of acres of new land will be under cultivation in the Kcho y hdv season is now certain. Hundreds of acres of land have been iiuiiiuaawi in mm vicinity of late be- siaes tne nomesteads that have been &k.eni!J. ,n.Mne weat-raising section That this will mean a arraat Haul k. 1 a - iii "" i a certain, ana the good ffltnaa Kava n.. l. ,Thls Date In History. 1S90 Schenectady, New York, at- loukcu ui uumeu or mo Tencn and Indians. 1JK1 BanK of the United States in corpora ted. 1820 General William Tarnmaat. Sherman born. Died February 14. isai IS28 Jules Verne. French h. born. Uled March 24, 1905. ' 1847 Colonel Fremont nroclalma m. annexation of California and assumed me viiiub. vi luvviuur. 184S Republican proclaimed at Rome. lt British defeated at battle of ansusu rivv, iranavaai. - 1 888 Amos J. Snell, Chicago Danker, assassinated:-.';'.., 1898 Letter of Spanish minister De Lome, reflecting on President MeKJn ley. published, . - r scheme was to be and state to uh other the details of the plan or means by which the unlawful combination was to oe maae enecuve; mat is, it Is not necessary mat mat snouia De Shown by direct evidence; the offense Is suf ficiently proved if the Jury Is satisfied from the evidence, beyond a reasonable doubt, that two or more of the parties charged, in any manner Or through any nnntrivanca. nAa1tlva.lv aw tnniti.. - to a mutual understanding and purpose TlTiTNT) MAN" TLnflTTATT l a common and unlawful - -xx, a. Mr. Heney In closlna thnnkad h -i iirir for its consideration, telling them he naa aone wnai ne couia to set them right because he believed in the lusHo oi me yovernmeni s cause. He assured them that he would accept their vdrdlct whatever It might be, knowing that tney naa aeciaea tne question accord1 ins to tneir nest -judgment..: to accomplish design, followed by some act Anna hv one of the parties for the purpose of taujuig uivu cxecuuon; in oilier woras, wnere an uniawrui end Is inten tionally sought to be effected, and two ur mure pcriona, actuated Dy the com mon purpose of accomplishing that end, work together in any way Tn further ance of the unlawful scheme and to ef fect the object of the same,-every one vi aaiu vei BunB. uecomes a part of the conspiracy, although the part he was m uiu merein was a suDorainate one, or was to be executed at a remote dis tance from the other conspirators." Cirownstaatial JSvld-noe. . v "' ; ; In dealing with the relation of the , SUCCUMBIIVG TO AGE (United Press Leased Wire.) Belief ontalne, .Onto, Feb. 8. -Judge William H. 'West, the "blind man elo quent," will be 83 years Old tomorrow. He has been In very poor health the past year ana is Denevea to be fast succumbing to age . and Infirmities. though his mind remains as clear aa ever. Judge west is one of the best known characters in unio. jsarly in his ca reer as A lawyer he was deprived of his signi oy a man namea sargent, who, different parties of a conanlran- nna j banauaa -Westbad aflfllfltA; In nim nrnaa. wim im uui uusb nuoi oeia mat I cutien ana conviciion, tnrew rea pepper It was necessary for each and every I in the lawyer's eyes.. In spite of this one of them to do something positive I handicap Judge West forged to the iv iui .lie i uia vuruum or tna itnn. i rroat or nia nroraaaion a nn invino hia diii m.1 . . au ii do i in a - lii l a s ail n mpr . na i nna r-a ri.nr na imi aarvar mm rMMaint. Sald:.' . . - 4 . A . I 4iv- . atAta -aanatnr. niitva nf : "It Is not necessary that esAh nf ,h parties should. sin person, commit the unlawful act. or that all tha neraona tn a conspiracy should nv-aiva th Kan.. fit of it, if such act is a part of the plan for which the 'combination , had vcvu lurmeu, ior 11 me uniawrui agree ment had been proven to your' satis faction -and beyond a reasonable doubt, the act of one. If done in Xurtlpraace tlve, - state senator, Judge of the su- rreme court ana attorney general. In 877 he was the Republican nominee for governor. He attained national prom inence in 1884 when,' in an eloquent ad dress, he presented Blaine's name to the Republican national convention. ' Judge West has the additional distinction of being the only surviving member of the- Ohio delegation which supported Abraham Lincoln for president. - J the people have money for their opera tions, and there Is evarv iHiani n a ,"v"'c" or in inland empire. Some Of our Iirmara a nlD!nc 40,000 to 60,000 sacks, which moans that they expect fairly good crops. One I'" 01 "iy acquaintance is seeding 6,000 acres, and many others are doubt- 3o numing tnese ana even larger prep arations The tendency now is to do less fall seeding and rely . more on the spring planting, which I think Is a mistake. vlt Is well to seed in the fall and get the benefit of wnatever growth the grain will s-et. nnri than a.a u , -.ai IVI a VfDCU 1 1 trZffnt .. mak "P for any damage GOLDFIELD WIDOW L : ; NEW-YORK HOSPITAL fTTnlfad Praaa ta-aaaif D7la t New " York. Feb. Thn nnllna a'. . ll . . . . J at it uiaamg enoris toaay to learn something regarding Mrs. M. E. Patrick whn jiaa unconscious at Roosevelt hospital frOmJ overdose of veronal, taken at the Hotel York last night. All that la known Is that she-is a wealthy widow. 5 . m'mmtmmmmmmmmmmmmmmmmmmmmtmmmmnmmmmmmmmmmm - 1 Kelso Building; Fire-Swept, ; (Special tHa patch to The Joornal.i :" avipu, -naoii., feu, a. ine inraa. story Fidler A Orav buainaa. M.in If,8! damaged to the extent of $2,000 by al i" wiiu mau intra stones yes. terdar. The losses of tenant. 1. ',k. building will ; probably reach $4 000 ranging from $200 , to'00. Th"'two ilVUIgt H WC'L UV n TIPA VrataA naAial.J by professional men.- On the lower floor mrrantlla a.t.Kii..-J.. . , . . : ..witnuiiiaima ' BUI. fered ...damage from water - pouring through from the floors above. : -t-- -'- : r. -,.- i ; - - .,. ..... , ... j - r ... . ,
