I V
.THE OREGON SUNDAY JOURNAL,! PORTLAND, SUNDAY MORNING. FEBRUARY 23, 1908.
10
t
Stinging Repiy to Prosecutor Arouses Intense In-1
Heney: "I will prove that Senator; Fulton does :
not represent the people but the 'interests' at Wash- y
--. , X'UliUU. i win 11141 jiciicjt naa ucuugi atciy
tolfi what is false about my connection with the Hall
case. Further, I never was attorney for the Ham
? mond Lumber company, and no one knows this bet
jjpter than Francis J. Heney." - :
terest Throughout Oregon Situation Be
comes More and More Involved as
Controversy Reaches Acute Stage
ington. ruiton was mixea up wun nan ana otners f
and was attorney for the Hammond Lumber com-" t
pany, and this he cannot deny.
EMERfwmm
mmmmmmm
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I f O It x jk ? '2 1 O I I
7T H- w. , f ' , , X C
... r ; li ' . . - i r
SENATOR C. W. FULTON.
. . .. tr. "
Ider Mr. Heney'i method of obtaining
ntitnonv. I wonder at Jil.i moUurutioiu
I know that men under Indictment
yen, under conviction have been -nurtd
of Immunity and pardon It they
wmil.l but testify to auinulning umi
won ! irlminullv Involve me. Kortu
nately they failed to acconumnn tnai.
i) t lie acanaai mm wna suirieu ui
Now, 1 aubmlt to any candid mind thut
there are at least three convincing and,
think, conclusive reasons wny inai
tory. so far as I am concerned, la not
true.
GItcs Three mmou.
First It is manifestly false that I
should have gone out luto the public
obby of the atateliouse una emcrea
Into' altercation with Smith about
such a matter, or should there nave
demanded the return of the money and
threatened him will) violence.
Second While possible. It la alto
gether Improbublo that, had we been
engaged la such business, we would
have taken Powell, a stranger and third
party. Into our confidence, talked 11
over in his presence and sent the
money bv htm, and thus added to the
danger of detection, when timllh was
tnere himself, willing and unxloua to
accept the money.
Third 1 lie very fact mat l, in aner
years, In the very mldnt of my own con
teat for reelection to the senate name-
y. In January, 1SU3 went to the Uemo-
ratlc governor and tola nun anyiiiing
about ft, makes It clear that I myse f
as not Implicated, for nurely I would
not In such circumstances have delibera
tely Involved myself.
7h Oovtraor's Statement.
And that brings me to a considera
tion of Governor Chambcrialn's siate
molit. I take It aa he la quoted directly
In 'the Portland Jouri.al und In the
ISalom Journal. He says it u during
ftiiu Ki-ul,ifi if tin. IfwiMluf iir, iii Junu
ary, lVvil, hence while my contest for
election was In progress, that 1 came
into his otftce, where he and his prl
rain CHARGES
Explains Transaction with J. S. Smith, and
; ; Disclaims All Connection with Passing
i of Bribe Money
. , For over St years near a third of a
' century I have resided in the state
' JSC Oregon. During 14 yeua of that
" time I was a member of the state
- senate, and for a Quarter of a century
more or less active in the politics of
the state. During most of that period
: (he Kepubllcan party was rent and
torn by intercenine struggles and fac
tional strife, yet never at any time
during all those stormy days did even
my most bitter enemies bring in ques
tion my honor or integrity. During
the 20 years previous to my election to
the senate every contested election of
Vnlted States senator was attended
with numerous and notorious charges
; Of bribery and lavish expenditure of
money.
, My election occurred at the January
. session, 1903, and was noted for hav
ing been conducted tn a decent and
honorable manner, without scanJal and
without the use of money. It was so
''because I insisted that It must be so.
' I stated many times that, could I not
' secure the office without the use of
money. I did not want it
' , - JTo Money to Spend.
It is quite true that I had no money
to spend, but my friends offered to
Tirovlrta monev for me. I declined it.
saying that it was my ambition to be
V elected without the use of money; to
go to the senate with clean hands and
. free of obligation vo any and every in-
terest
' ' I did so. It has been left to Mr.
Heney to, bring the first chargq that
v has ever been made against my char
acter for integrity. One thing observ
able, however, or his several charges
against me is that I am-accused in
, ' every instance of trying to help a
friend. In not a single matter Is it
alleged that I was seeking to advance
i my own Interest or was In anywise to
' profit by the result. If I have sinned
as he would have the people believe,
it baa not been for my own advantage
: r profit, but to aid a friend. Well.
hi would-much prefer it bo. I confess
'i to warm and strong friendships, and
', I have ever been willing to do more for
a friend than for myself. I am glad
of It, and it is the great solace of my
'. life that, though I have not made
' money or accumulated wealth, I have
made and I have my friends.
But Mr. Heney contends that I have
' eone too far for mv friends and have
been guilty of conduct 'which renders
if me unworthy of the confidence of the
' people or Oregon, end ne would nave
, jt appear mat ne is acruaxea Dy a nign
sense of public duty in bringing this
to public attention. It seems quite
proper and pertinent, therefore, to in
quire what his real motive is.
") Questions Eeney's Motives.
Those who have read Mr. Heneys
; biography by his c hosen biographer,
Mr. 8teffens, will have discovered that
so far from being actuated by lofty
, motives throughout his career, he is
. a man of most accommodating and ad
justable principles, obsessed by an irre
pressible ambition to stand in the lime
light Whatever may have been his
motive on other occasions, however, in
the present Instance it is idle for him
I0,1?" .t0"b animated bv any fno
tlVe that t ts either creditable to him
A"va1 lclal. His mo
tive then, let it be known, is twofold
revenge and politics. iwoioia
Kevenre, because I opposed ht nn
polntment to the work of Msl'tant nrnE"
ecutor. and insisted on We sDtSJint!?
of . an Oregon man. Dai J PMa"arkev
J and because when Heney was aml?,i
I wrote nd published a letter
censuring the action, Later I n
" caeion to criticise the then seoV-tStL
the Interior for his manner ot 6L,.
terln th. irrigation fund. TherSun"
Mr. Heney and Mr. Hitchcock aLnJ
that I was to be destroyed and 'th.
' w hole power of the government was en
listed to that end. Special agents anfl
.rietectlve wer , nut i at , work to tin
. something against me and; every few
months some vne sisnaer was nubiishiwi
.1 promptly met. and jrefutedWy every
Hunted' BcandaL.ti: -'- .': .
Tinallyi realising" that nothing Ton
whiith to base a criminal chares aeainst
ume could be found, although my record
had been searched with microscopic ca.e,
they directed their efforts to the work
of digging up some scandal wherewith
to smirch my character and injure me
oerore me people. This they began, it
now appears, at least two years ago,
for the Smith affidavit was taken b.v
fore Neuhauaen in January, 1906. It
had nothing to do with the affairs or
laws of the United States, hence why
were Heney and Neuhausen devoting
their time to that work? Revenge and
politics. Was the affidavit then maJe
public? No, it was too early.
They must wait until the primary
election, when also it was known 1
would have to be absent from the state
attending to my duties in congress. It
evidently was also a part of the con
spiracy that the Hall casA- should be
used aa a medium through which to
injure me by insinuation and lnuendo.
Hence, although indicted three years
ago or thereabout Hall was not per
mitted to come to trial until now.
It was advertised wldelv that. In the
trial of the Hall case, "facts against
Fulton would come out" But no facts
came. The thunder was all In the In
dex. It then became necessary to play
a desperate game. The object, as stated,
was not only revenge, but politics as
well, for Mr. Heney is a Democrat. The
political Dhase. however, more espe
cially represented the governor's In
terest In the game. Evidently he did
not like his hand and did not wish to
play it if possible to avoid so doing.
But every other device and expedient
had been exhausted. Every defendant
In the fencing conspiracy case, except
ing HalL had been let off in considera
tion of"glving testimony for the pros
ecution; sun notning was lortncoming
against Fulton,
Calls Smith "Poor Creature."
So, If the conspiracy was to be car
ried out and its purpose achieved, there
wns nothing left to do but hire a hall,
tap the sewer and turn the stream on
Fulton. Thereupon, this poor creature,
J. S. Smith, was brought upon the stage.
Had I not sought to prevent his ap
pointment by the governor to a deputy
wardenship? Was not here an oppor
tunity to get even? Certainly. Be
sides, ho was helping the governor, and
the governor net only approved that,
but aa well approved and honored him
for his admitted,, deliberate filching of
Mitchell's money. Therefore, what had
he to fear? Manifestly, nothing to fear
and revenge to gain.
So on the stage came Heney, Smith
and the governor, and Smith told his
story, namely, that 11 years ago. six
years before I was elected senator, nt
a session of the legislature which was
never held, because a sufficient number
of housemembers to constitute a quorum
did not auallfy, the late Senator Mitch
ell and I, In the presence of one James
Powell, offered him (Smith), a member
who bad not qualified. $3,000, one half
down, ir he (Smith) would qualify and
take his seat, make a speech advising
against runner delay in organization
and advise the members to aret to
gether, organize and elect Mitchell, and
that he told us to Blve the monev to
roweu ror mm. ana mat snortiv tne-e-
after the latter brought him the money.
That the next morning he was out In
the state house lobby, where many
otner people were, when l came out
and insisted on him o:ng into the
house, and on his refusal. In a Toud
voice, and in a manner which attracted
the attention of the crowd, demanded
the money hack and threatened him with
violence. That he had deliberately
sought an opportunity- to take the
money, not intending to comply with
his agreement.
Malicious falsehood.
Such is Smith's tale. Of course, the
leiimg ana puoucation at tnis time ot
a transaction which it is alleged oc
curred 11 years ago, when I was not
even a candidate for the senate when
i was not even, as Heney asserts a
member of the legislature is pursuant
aioresaia conspiracy to deBtroy
me and to elect somebody else. Now, I
f u mo people oi Oregon that, s&
, my anegeo participation In that
??..ction concerned, the story is
th iiert,an1 clous falsehood. If
nari ta'i?acVon ever "c'red, I had no
when I .L. tm .1 urprtaed. however,
me thLt i"2,leri.tlM' combination against
Th iLjw charged with it r - . r
.fit? wonder to me now is that I am
Charged, wUa -little. When T ennl
vate secretary were. That I said I
knew Smith to be a grafter: that i.e
had taken Mitchell's money and vio
lated his agreement, placing stress on
that lact; mat 1 aid nut mention the
amount, out said 1 knew ho had taken
the money.
Heney quotes the governor as saying
that 1 said he was paid J1.000 in my
presence or shortly thtrcftlter. The
governor In the ln.-rview mentioned
stated that I only si. id that 1 'cnew
Smith had been ;-ald money, but did
not mention the amoi nt or say I was
present when it was paid. However, he
says I did not speak to him in confi.
deuce, and mat he violated no confi
dence in telling aboL t it. No one had
yet accused him of violating confi
dence. Why hurry to assert that he
had not? Evidently there was an ac
cusing conscience, a realization that It
was rather small business, and still
smaller politics, thus to repeat what
everybody would instantly know was a
private conversation.
Bobbery of XltoheU.
Now, I recti! going to the governor
at the time. I had heard tnatitnis rei
low Smith was an appllca.if.for the of
fice or warcvn in me penitentiary.
had heard sufficient about his robbery
of Mitchell to satisfy me to smoral cer
tainty tnat he had deliberately applied
for and received the money. I thought
and said to myself. The governor
ought to know this." I felt that not
only was it my duty to tell him, but
that he would be obliged to me for tell
ing him. Therefore I did go to him
and I told him that I knew Smith to te
a grafter, and that he had taken money
from Mitchell on a proml.ie to go into
the house, qualify and assist In break
ing the "holdup." and had kept the
money but gone back on his promise.
I did not say how I knew it, of
course. Quite likely, I did not ask it
to be treated as confidential, but does
anyone believe the governor did not so
understand it? He seemed at the time
grateful to me for having told him. I
never heard from him again about it
until now. As stated, I told him be
cause I deemed it my duty so to do.
I certainly never dreamed that he
would take advantage of It for politi
cal purposes in order to play small
politics. But let that pass. Governor.
I will only say it would not be possi
ble for me to do such a thing. I never
could nave believed heretofore that it
would be possible for you to do it. I
did not Jtnow until I saw a copy of
Smith's affidavit as published that he
had been appointed. I paid no further
attention to the matter, feeling that 1
had done my duty. But the governor
tells us that, upon investigation, he
learned that all Smith did was to se
cure the money on a promise to go in
and break the "hold-up," with a view
not to comply with his promise, but to
keep the money; this the governor con
sidered perfectly honorable and manly
iuiib as ne am not Keep nis prom-,
ise; hence he considered him a suitable
man for the position of warden and
appointed him. for the governor Is
quoted as saying. "Smith had been
guilty of no moral turpitude."
Denies Smith's Story.
But, manifestly, Smith's story on Its
ia.c.eJ1?. fa,lse- He states that he,
Mitchell, Powell and myself were pres
ent when 1 proposed to pay $3,000, one
half cash, if he would go in and help
organize. Is it probable that I would
make such a proposition In the pres-
cuuo vi bu many persons: Further on
he says that on the following morning,
while he was in the state lobby, where
there were evidently many other people,
I came to him and demanded that he
should go Into the house and comply
with his agreement, and, on his refusal
I demanded repayment of the money
arid in a "loud voice" threatened him
with violence and so conducted myself
as to attract the attention of the crowd
Is not that utterly absurd? Is it pos
sible that any person will believe that
I would talk on such a subject In such
a place and manner? Would I have so
recklessly Jeopardized my reputation
and the cause I was supporting? Had
Francis J. Heney made his
sensational speech attacking
Senator Fulton at the First Con
gregational church on Tuesday
evening, January 28. In opening
his speech Heney paid tribute to
Oregon for its efforts at reform,
.both in general conditions and
laws. He praised the direct pri
mary law, the initiative and ref
erendum,.and then turned his at
tention to Senator Fulton. The
gist of the charges made Is as
follows:
Heney charged that Fulton In
1897 was the sack holder of John
H. Mitchell, and distributed the
funds.
An affidavit made by A. W.
Mead, who during the holdup
session of the legislature In 1897.
was hired to aid th : holdup, was
presented setting forth that Ful
ton had paid him for his serv
ices in behalf of Mitchell.
A second affidavit was read
which had been made by J. S.
Smith, former representative
from Linn county. Smith swore
that he had visited Fulton and
Mitchell and had been paid $1,600
in money, and promised $1,600
more to vote for Mitchell. Smith
swore he took the money to trap
Fulton and Mitchell, and then re
fused to vote, whereupon Fulton
threatened him with bodily
bodily harm.
H. L. Barklay's affidavit was
read, telling of his knowledge of
the Smith bribery.
A statement from Governor
Chamberlain was read, detailing
the visit made by Fulton to
Chamberlain, In which the sena
tor tried to prevent the appoint
ment of Smith as warden at the
penitentiary, clalmlr? Smith was
not fit.
Fulton's connection with the
Burke-Qoslln land deal was
shown.
fact that it invites the uaa of monar
and affords too great an opportunity
to use It. If one side employs It the
umor Blue is uaeiv to reel tnat it muat
also, however greatly it may deplore
It. Hence, I have always favored the
election oi unuea states senators by
mo poupi.
right for Organisation.
Now, it may be well to recall that
the contest of 1897 . was exceptional,
ii was not a iignt ior votes ror sen'
ator. It was a fight for and ngalnst
organization. Mitchell was seeking to
secure organisation ana nis opponents
were laboring to prevent it Whatever
money was used was not used to pur
cnase votes, Dut eitner to induce men
who had been elected to the house to tako
their oath of office or to refuse so to
do. Everybody knows that Mitchell
had sufficient votes to elect him. if
ever a ballot should be taken; but, un
til the house should effect a perma.
nent organisation, no ballot could be
taken, hence the fight was, on one
hand, to get 40 members to qualify;
on the other hand, to prevent those
members from qualifying. The feel
ins: was intensely bitter and no doubt
manv things were done bv men on both
sides which vthey regreted thereafter.
It was a matter of common knowledge
thut men were being paid large sums
dally for remaining out and refusing
to uuallfy. in order to prevent tno as
sembling of a quorum in tho house. But
nothing could be done to prevent it, ror
It was not a violation of any law to
pay a man not to accept an office 10
wnlh ha hnil hpAn plprrpfl
soi jsxiDsa w mm
Now let us see what Smith charges
In ..is affidavit Mitchell and l did. hie
says: "Fulton said to me in Mitchell's
hearing and presence, 'I will give you
$3,000 and pay you $1,600 of that
mount down right now If you will go
into the house tomorrow and make a
speech that you think there has been
enougn of this delay and urge that the
members take action ana vote ior
Mitchell for .United States senator,' and
to this he says 'Mitchell added his as
surance. '
So then, he was not. according to his
own statement, asked to vote for Mitch
ell himself, but he was to go Into the
house that is, take his oath of office
and official seat and advise against
further delay and recommend that the
members at once end the hold up" and
elect Mitchell. Well, even If Mitchell
d.d offer to pay Smith and did pay
him to qualify and take his seat so
as to make a quorum, even to make a
speech for htm, it would not have been
a violation of law,
I do not defend such a transaction and
I never engaged in one. But we all
know how bittor were those old fac
tional contests, and we know by com
mon report that men of the highest
character, whose honor In other mat
ters was never questioned, went to
lengths and did things which they no
doubt regreted ever arter. in the old
Iiolph-Mltchell contest of 1895 and in
the Mltchell-Corbett fights thereafter,
we all know what charges and counter
charges were made. In the heat of
FRANCIS J. HENET.
such a scene occurred in that place.
would not the newspapers of that even- I such a contest, honorable men often go
too iar. bo in in contest or issi I
the most bitter ever waged in Oregon-
men were at white heat
Money Was Used.
That money large sums of money
was paid to members-elect in 1897 to
Induce them not to qualify and to ab
sent themselves from the preliminary
lng and the following morning have
been full of It as a great sensation?
The lobby was, of course, as usual at
that time, as the capltol was, alive with
bright, vigilant newspaper reporters,
and yet this remarkable scene escaped
them. It may well be that I on some
npaifnn tallfAH with Rmith In thA inh-
hv nnsnlblv urirued with and ured him organization Mitchell well knew. In-
tn or, in nnH ,.i.oiiv Af nnA lima nr deed, current reports credited the sup-
another I suppose 1 talked and argued P'yJn ot th,e money, and the payment
with almost, if not every, member who ot it as well, to men of high standing
was staving out. But, this story of the state. These are unpleasant
Smith's is an Impossible occurrence and tnings to mention, out i am oDugeo. to
.t.ntn. m. ..hni. t.i. nixa present the situation. It was not a
I nln. Kiioln.o. nn .itliA, aAdk and rAf.
. .. 111' . uunuiia. v., v,wi., a.uu, fc. . .
Questions. I sonally I never engaged In It and would
Then Is not the fact that I went to not. as all my personal friends know,
the eovernor as I did proof conclusive It was a deplorable condition, but prob-
that I personally was conscious of in- ably inevitable under the system then
nocence; would 1 otnerwise nave men- existing. i am umiimiu me oyuiem
tioned to him such a subject? Can any no longer exists.
person believe, that had I been a party But doe anyone believe for a single
to the payment of the money, directly moment that the unearthing of these
or Indirectly, I would have mentioned scandals of the olden time Is being
it to Governor Chamberlain? Remem- done ror a patriotic purpose? is any
ber. I was then and there engaged in a one so verdant as to suppose Heney
contest for the senatorshlp and he was alone is concerned In It 7 Of course
th Democratic rrovernor. whose election he was and is a willing tool. He saw
nn nn hari ixnr. ..m.itiv Knti,ti in opportunity for revenge and sensa
than T. in it conceivable that had 1 1 tlon; that his part was an Infamous
been a nartv to th transaction. I would one mattered not to him. And then he
Brownell's Part in Legislative Machina
tions of 1903 Mentioned in Document
Governor Chamberlain's Reply
have Fpoken to the governor of all men
about it?
I have stated, and I repeat, shat the
assertion that I was present when any
such proposition was made to Smith, or
that I was in any wise a party to it. Is
absolutely false. I knew nothing about
It until long afterwards. I do not feel
at liberty to state the source of my in
formation, for much of it was confiden
tial, but I was firmly convinced that it
was true and that it was my duty to
tell the governor, and I did so. The
governor has known it then for five
years. He did not deem Smith s conduct
censurable, inasmuch as he went back
on his word and kept the money. Why
Is this matter now dragged out of the
long past to tie made to ao amy at tnis
particular time? The answer Is patent.
For political purposes.
Clean Campaign.
I am proud of the fact that the cam
paign I made for my own election is
known as one of the cleanest ever made
In Oregon. No charge of the use of
money therein was ever even whispered.
Had I desired money. I could have had
it, for my friends offered several times
to raise money for me, as I can, if nec
essary. prove. I declined to "accept it,
for I felt that, if I could not be elected
without its use, I did not want the of
fice. It was my ambition to come to
the senate with clean hands and free of
obligations to every interest. I so came.
I do not claim to be perfect. I have
made many mistakes, but I have never,
to my knowledge, done a dishonorable
act. I have never approved of the
use of money In politics, as all my
friends know. The system of electing
senators by the legislature has always
been objectionable to me because of the ,
is a Democrat, has been all his life,
True, within the last few weeks he
has announced that he has become a
Repubflcan. Why so suddenly change?
He did not even announce It until his
recent visit to Oregon. Was It that he
thought he could play the part better
as a professed Republican? Or was It
that he thinks he sees greater oppor
tunity for political advancement as a
Republican? Probably both. But Is It
not strange that this man who pro
fesses so much lofty purpose and high
ideals could see nothing to censure in
the act of the governor In appointing
to a rosponsiDie otrice one who con
fessed he had deliberately promised to
accept money to qualify for an office
with Intent to secure, the monev and
violate the promise? Gould see no
moral obtuseness in a man who could
see 'no moral turpitude" .In such act
Here was a man elected to the lcgls
lature who refused to ouallfy and take
his seat lest ty so doing ne should
contribute to the organization of the
house to which he bad been elected.
Why he was so refusing is an in
terestlng question. He had not the
excuse of the Republican members, for
they were waging a factional war. He
was a Populist and without interest
in the factional contest. It was no
torious that large sums of money were
being spent to mnuence members to
remain out. He remained out. He un
derstood money would be paid to one
who wouia go in. no wanted money,
He therefore promised to a-o in and
on that promise got the money, so he
nimseir says nut ne aid not intend
to go in: he only intended to deceive
In order to get the money. Tho governor
could see no moral turpitude In
that, and no reason why he should not
be appointed to office. Heney sees
CHAMBERLAIN REITERATES
STATEMENTS ABOUT FULTON
Governor Chamberlain made the fol
lowing comment when shdWh yesterday
the text of Senator Fulton's reply to
the charges of F. J. Heney:
"The intimation in Senator Fulton's
reply to Mr. Heney is that my state
ment wan made to Mr. Heney 11 years
after the time when it is said that
money was paid te J. S. Smith, and that
1 made the statement for political pur
poses and to aid in accomplishing Sena
tor Fulton's defeat in the present cam
paign. To show that this intimation is
neither fair nor Just I deem it proper
to say that Senator Fulton knew when
he prepared his reply to Mr. Heney's
address tnat these were not the facts.
He knew that my information was given
to federal officials Jn the course of sn
investigation which they were making
about two years ago, and was not given
for the purposes of the addressjftecently
made by Mr. Heney. Evident e of the
untruthfulness of this statement is af
forded by the following telegrams, the
first of them having been received by
me from Senator Fulton on February i.
tans? - ...... . . . . ... .'
Washington. D. C,. Feb. . : IMS,
lot:
Governor George E. Chamberlain, Salem,
Or. Have Just received' copy Heney's
speecn. Before making statement ask
you If you ever made any such state
ments as credited therein to you. It Is
of course Impossible that I should have
said anything of the character to you,
and I call on you to repudiate same.
. " -c- w- FULTON.'
"The next day I sent the following
reply:
"Salem. Or., Feb. 4, 1908. To Hon:
C. W. Fulton, Washington, D. C. My
statement used by 'Henev In arlrire.'.
substantially correct as given by me
to one of federal officials about Febru
ary, 1906, in answer to request for
statement as to what took place at time
of your protest against Smith's appoint
ment to position at prison. About same
time same statement made to Heney.
Your nrotest Was made In hearln? nt
myself and two other gentlemen, volun
tarily, and' as I supposed to influence
my official action, and was the first In
timation I ever had that Smith had re
ceived money. Because of your protest
Investigation was made by me' as to the
subject matter of your charges against
Smith, .It .was talked of considerably
in course of my investigation. I did not
consider your protest or any of the pro
cerus oi a coniiaentiai nature, out in
me line or my oniciai amy.
4? -GEORGE E. CHAMBERLAIN.'
Hot Political Move.
"These telegrams taken together are
sufficient to show that my statement
concerning the Smith transaction was
not made for the purpose of injuring
oenuiur r uiton in nis present campaign,
any more than the facts were used y
me to injure him during his senatorial
candidacy before the legislature of 1908.
The facts were not used then and so
far aa I am concerned were only used
in the course of an investigation two
years ago by the federal authorities.
vThat Senator Fulton made the pro
test agalnrt Smith's atinolntmi.nl tn n
position in the penitentiary and that the
grounds for his protest were as stated
oy me are practically admitted bv him.
There is nothing further in reference-to
the matter that I care to say. I leave
it to the people to determine the whole
controversy and to decide as f to the
moral aspects of the whole transac
tion" . - , .. 1
nothing wrong about it and approves
tne governors action.
laoks Data for Beply.
It Is not Dosslble for me in this art!
cle to take ut every item or neney i
attack, besides much of the data I re
quire Is In Oregon and cannot be had
nere. He cnarges mat i was oiitcnmi i
sack-holder and as evidence thcreo
presents an affidavit of one Mead, who
states that he and others were sent by
the chief of police of Salem to guard
the assembly room and keep one Davis
from occupying the chair; that they
were toid they would have to look to
the Mitchell faction for their pay, and
that he came to me. demanded $10 per
day and I allowed him but $6
1 recall something of the matter, but
had forgotten how the men were or
came to be employed until I received
a letter from Judge Henry L Benson
informing me that he. as the temporary
speaker of the organization seeking to
secure nermanent organization, learn
ing that those opposed to organization
contemplated taking possession of and
holding the room, called on the chief
of police for protection and that he
sent tne guara.
Paid Police for Mitchell.
I had nothing to do with it. but I do'
recall some or tne men coming to me
about their nay. Tle chief contended
that he had no authority to pay or
charge it to the city. 1 saw Mitcneii
and he agreed to pay the men, rather
than navA nnv in reeling over tne mat
ter. I settled the matter for him and
he gave the money. I never heard of
any dissatisfaction. So far from being
Mitchell's sack-holder, I never knew he
had one. Indeed it was always my Im
presslon that he had very little to start
witn and notning to enu witn.
I regret that I am compelled to
answer Heney's attack at so long range.
I find it impossible at this distance
to secure information and data that
would be at hand were I in Oregon.
When I reaoh Oregon I shall take this
matter up more fully. But after all.
it is difficult to prove a negative. I
shall venture to hope that the charac
ter and reputation I have heretofore
enjoyed will avail something against
attacks that are so manifestly ma
licious. Indeed I shall but briefly an
swer until my return, when I propose
to go before the people of Oregon in
defense of my name. I care little for
the office of senator. I care every
thing for mv good name. Briefly as
possible I will now refer to the other
charges.
Hammond lumber Company.
Mr. Heney drags into this controversy
the Hammond Lumber company and a
case of the United States against Wil
liam G. Gosslin, W. H. Burk et al. Ab
solutely no reason for it excepting the
fact that these men , were arrested in
1899 and I was retained to defend them
He asserts, without the slightest evi
dence on which to base the assertion,
that I was the attorney for the lumber
company, and implies that in some way
i was responsioie ior any improper con'
duct on the part of anv representa
tives of that company In acquiring land.
The fact is, I was not at any time in
its niBtory tne attorney ror tnat com
pany. except possibly In one case. I am
not certain that I ever represented it
to that extent, but I recall one case
In which I appeared for a number of
defendants, and am not certain whether
that company was one of mem or not
I never advised it or anv of its offi
cers in regard to its purchases of land.
and never saw one of its deeds or an.
stracts. In fine, never was its legal
adviser- It never at any time paid me
single, dollar never. , I can prove
tnat absolutely, t nat is not an. me
same is true as to Mr. Hammond and
all other companies in which he has
been or is interested, excepting the
Astoria & Columbia River Railroad
company. In his speech against me Mr,
Heney talks of the railroad company
as a land purchaser and seeks to give
the impressions that it was a large
fiurchaser of timber lands. It never In
ts history, to mv knowledge, either di
rectly or indirectly, purchased any real
estate whatever, outside of its station
grounds and terminals.
Does Kot Own Timber.
It does not either directly or indi
rectly, own. and never has owned.- an
ore of timber lands. Were It-possible
to make this statement In broader, more
sweeping language, I would do so, for
nays never been attorney ror any per'
son, company, firm or corporation en-
gaged In acquiring timber lands orl
other Dubllc lands.
The Uosslln-Burk case, of which hel
speaks and tries to make so much, was I
a prosecution instituted against mem l
for having caused a number of persons I
to rile on certain timber lands In Til la-1
mook county. There was a race be-1
tween them and the Northern Pacific!
Railway company, it seems, as to whichl
would first locate scrip thereon, andi
to hold the land until they could placet
trie scrip tnereon it seems tney naai
tnese filings made without any lnten-l
tion or proving up or attempting to -c-
qulre title to them. How far that wasl
a violation of law is a question, but In I
any event Hail -had them indicted. I
I had known uosslln and Burk many I
years. Gosslin lived in Astoria, where!
my home is, for several years, and was!
an employe or the railroad there. II
happened to be in Portland, and iml
one came to me and asked me to look!
after the case. I do not recall who It I
was. It has always been in ray mlndl
that it was Gosslin, but he informs me I
that he was then absent from the state. I
so It must have been some of Mr. Ham-1
mond s office force.
Had Piling Canceled.
Be that as it may. I said I could not!
secure bonds lor the oartles In Port
land Indeed, probably could not cornel
up to defend them when the case camel
on for trial and so suggested that!
Judge McGinn be retained and I was!
authorized to see and retain him. I sawj
mm and he secured bonds for tne pa
ties, l suggested an immediate can
cellation of the filings and a compro
mise with the government on those I
lines, ana took the matter un bv Istterl
with Mr. Hall and the deDartment of I
tne interior. i also personally saw
Judge Bellinger and explained the easel
to him. He advised, under the clrcum-1
stances, that the case be dismissed, and!
arter some correspondence with the de-i
partment that was done. Now. I ami
at an utter loss to know what possible
impropriety there was in all that The!
truth is I never thought I did enough
in me matter to cnarge a ree. I reltl
personally friendly to Gosslin. who hal
oiten accommodated me; hence I never I
put in a bill either to him or Mr. Ham.
mond. or any of his comnanlea. I J
thought so little of my part in the matM
ici, i never K'-ti a cent, airecuv or in-n
directly, out of It. That which I did L
did in the utmost good faith. (
I have none of the correspondence
here; it hs all in Oregon. But in one
of the letters Introduced by Mr. Heney.ii
written by me to "rail, suggesting the
compromise and dismissal I sea that I
said: "If there ts anvthlnir inconsist
ent with your duty in this, I will not!
ask it." i
Alleges ICalioe. f
Now. why should such a matter be
brought forward and flourished as an!
indication of wrongdoing? Malice H
nothing but pure malice-r-could prompt !
such action. It all occurred in 1899,)
years before I wast erected to the sen-i
ate. I should state J that the office ofj
the Hammond Lumber companv was in!
Pdrtland, and all its . business was
transacted there; hence, if it had any
lawyer attending to its land business,
It was d?ubless some Portland attor
ney. Mr. Heney says, as senator, whom do
I represent? Then answers by saying
that I oppose the forest reserve policvi
because my client, the Hammond Lum-f
per company, is purchasing timberi
lands. That statement falrlv illustrate!
Mr. Honey's utter disregard for facts)
He had no reason to make the state-?
ment did not,could not know it to ft'A
a fact, for it is not and never was T
fact. As stated above. I am not end"
never was attorney for the Hammend
Lumber company, or any other timber
buyer. I have not opposed the forest
reserve nolicv. but hava nnmunit it.
i , . .
uiiiiiiiai.rai.icii una mso.tne incorpora-
tion into the reserves of untimbered
i,auus. . , i
is wot practicing xw. . j
So far as clients are concerned '".r
ceased tho practice of law Immediately
cm my 'election to the senate. I have
since then tried but three or four j
all excenting one. a murdor i
which I accepted a special retainer Us tig
spring, being cases that had either been 1
commenced1 before I was lctarf nr y.oa
arisen out of matters of which I had
had charge for, clients prior to my elec.l
tion, , and, my , advice., having beea. ta ,
?;VV