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 ... . ,