The Oregon daily journal. (Portland, Or.) 1902-1972, February 29, 1908, Image 5

The Oregon daily journal., February 29, 1908, Page 5, Image 5

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Newspaper Page Texti . THE OREGON ; DAILY ' JOURNAU, PORTLAND, SATURDAY EVENING. FEBRUARY 29, 1908. lis Attorneys Consume Entire Morning Arguing to 1 )e- , feat Indictments Be turned Against Officials of Title Guarantee. PRINCIPALS DOWN STUDENTS PARADE Believe That March Would Ie Detrimental to Intercs of School Standards. Bjr an overwhelming vote the school principal of ths city this morning reg istered their oppoaltlon to having th school Children participate In tha pa rade which had ban planned for Roaa Festival weak. It waa th consensus of opinion that from tha atandpolnt of tha good of tha schools ' tha parade would be highly undesirable. Although tho moating waa called by Superintendent Frank D. Rlgler and Mra. U W. Wltton merely to aecura the I n A "The contention of the atate In thla action taken thla mornl if .ulnM nutrl nut a stlrma the fact that tha Woman a club went on opinions of the varloua principals the nc, coupiea wim 04 many bankers who have been ad vised and believed that they were not doing wrong," aald Charlea II. Carey in arguing tha demurrer In the caaa of 3. Thorburn Boss, T. T. Burkhart. John EL Altchlson and George II. Hill In tha circuit court this morning. ' "Do you mean to say," Interposed Martin I Pipes, tha special proaaoutor who argued tha matter for the state, that any lawyer would advise a banker that It was not wrong for blm to re ceive deposits In an Insolvent bank jphen ha knew It was Insolvent T r "Counsel is here Irving to confuse the legal definition of Insolvency and penal liability under the law with tbe moral wrong of a banker who receives depos its under such conditions," replied Ca rey. "No, I do not say that a lawyer would advise the banker to commit a moral wrong, but counsel knows that moral wrongs ara not always covered by penal statutes. The question here la whether tbe law providing a penalty for receiving tie poults under certain condi tions was In effect in this case." Claim Law sTot Bffeotlva. Tha above Is one of the Interesting colloquies that took place between the opposing attorneya In the course of the argument, which lasted all morning. Wallace MoCamant. representing Ross, made the opening argument, being fol lowed by Judge Pipes for the state. Mr. C'arev closed. District Attorney Man ning wss present, but took no part In the argument Judge Oantenbein pre sided. Judges O'Day and lironaugh sit ting with him. The contention of the defendant s at torneya In thla case rests on somewhat different grounds from the other three cases, argued eome time ago oerore Judge t'lelsnd. They aasert thst the law of l07. which Imposed a fine of record yesterday afternoon as against the parade, will probably Influence the board to vote agalnat this feature of the festival. Mr. Rlgler and Mra. Bit ton will make their report at the next meeting of the board on Ma rep 9. &axge Majority. In order that tha principals might ex press themselves freely tha session was executive. Out of II principals II an nounced that they were agalnat tha plan, two said they were In favor of It and one was nonoommlttal. Tha objections made against the chil dren's marching were: Tlrst That It disrupts the work of the schools at the time when teachers and pupils are busily prepsred for final examinations, and when the school work Is the heaviest. Any time that would be spent preparing for drills would necessarily have to be taken from studies. Second Many parents are opposed to having their children take part In the drills and tha tiresome march. Many thought that the majority or parenta in Judge Conlan Denies From Bench That He Hampers Work of San Francisco Health Board Jurist Uses Harsh Language. (Culled rm LeaMd Wire.) Kan Franclaco, Feb. !. "Dr. Woolsey Is an unmitigated liar," declared Judge Conlan from, the bench thla morning In the trial of John Ilolilmon, wholesale tobscconlst at Franklin and Clay streets. "And tha other doctor, R. A. Creel, who has not as yet been found, is responsible for a statement that Is an ll-carat lie. The action of this court haa been backed by the legal rep reeentatlvee of the health office. Several days ago Bohlmon waa ar rested on the complaint of deputy health officers for maintaining an unsanitary shop. Judgs Conlan granted the de fendant a continuance to enable him to place hla shop in a better condition. This morning Bohlmon represented that he had done so, and Judge Con lan dismissed the case. The evidence developed that Bohlmon has contributed 1600 to the health campulgn. Dr. Mark Woolsey had charged Judge Conlan with dismissing all the com plaints brought before him In health casea, thus tampering the work of the OREGON IS ROBBED FOB EASTERN FINANCIERS E. H, Harriman Transfers Eight Million Dollars From Beaver State to Bolster Up New York Brokers In volved in Wobbly Union Pacific Company. their diatrlcta were against the Idea, at health board. Woolsey claimed to base any rate the parents of the children who would make tne Deac snowing in me parade. Third They conaldered the parade would be Injurtoua to the health of the young girls. Fourth The conditions of the parade and length of the march were very ob Jectlonablo laat year and probably could not be eradicated next time. Most of them are Inherent difficulties which even careful management would be un able to avoid. With 3.000 children In line, for Instance, tne parada would be at least one mile long and the line of march could not very well be less than that. The weather too la very uncertain and It is apt to be very warm. Ids Wrong. Those four objections covered the ma jority of Dolnts raised by the principals. Home thought that it would teach the girls Immodesty to parade, others 11.000 and Imprisonment for two years j thought that the entire Idea waa wrong uoon ownera and officers of banks who receive deDoalts when they know the bank to bo Insolvent, was not In force as applied to banks In existence when Us law waa passed, and that It will not be In force as to such banks until November of this year. It la contended that the legislature postponed the operation of the law ao mat DanKs mignt nave amino unie iu make necessary business changes to comply with the provisions of the new act. The section wriK-n la mua inter preted reads as follows: Within IS months arter tne taxing effect of this act all such banks shall conform to and in all respects comply with all the provisions of this act and be subject to the examination and the penalties herein provided." Mr. McCamant In his argument pointed out that all doubt In construc tion should be resolved In favor of the defendants. He said that there la not bank In the state that is now com plying with all the provisions or tne act, ind If the court holds the law in force wholesale prosecutions or cankers would be in order. Think Distinction Too Tins. Judge Pipes, replying for the prose cution, said It could not bo supposed Ithat there exists a criminal statute ny hlch a man who has become a oanser klnce May. 107, when the art in ques tion was passed, might be guilty, while lone who was then a banker would not fm guilty. . . Under SUcn construction lira nannero fcngaged in business side by side and noing tne same uiinun wuuiu uui -tequally liable. One might go to the pen- tentiary ana me oin-r w tu- Jtlnue in the same conduct. The speaker contenaea inn so iar as he act prohibits and Imposes penalties It Is In effect, but that the conditions 10 be complied with are postponed for 11 months from the time the act was kassed. Mr. varey s closing iuiucnv iuu Inuch the same line as that made Dy McCamant. He asserted tnai j-ipes naa rled to draw too nne oistinciions ana s attempting to have tho court perform l legislative act that tho legislature did lot provide for. ... At the close of the argument Judge lmiMhcln announced that the matter would be taken under advisement and i decision given at an eariy unio. u s expected that tho ruling on the de murrer in this case ana in mo oiuer ases argued before juage wieiana win rendered next week. Professor J. Burnham of the Couch school said after the meeting that he believed If there was to be any spec tacle at all the children should be al lowed to participate In It. He said that his charge on the atatement of Creel. No Dr. Creel waa found on list of the health department. COURT SUSTAINS Dr. the OU YA SSESSOR Judge Cleland Rules That Corporation Shall Fay Taxes to County. Presiding Judge Cleland In the circuit court this morning punctured the con- anything of a demonstrative nature waa tentlon that a non-resident corporation natural In human beings, especially so I cannot be made to pay taxes on Its ac wlth children who are emotional. If j counts. The Marshall-Wells Hardware By declaring an extra dividend of 171 per a ha re on Its preferred stock, ap proximately $1,160,000 of the O. R. & N. company's big surplus has been ap propriated by K. H. Harriman and his New York associates to the Uttlon Pa cific Railroad company, which owns the bulk of the O. It. & N. company's stock. Union Pacific Interests actually own I10.99J.990 of the O. R. & N. com pany's 111,000,000 preferred stock Is sue. This newest and JulclCHt melon cut by Harriman coterie waa raised In Oregon, a stats which Mr. Harriman professes to believe not worthy of any considerable additional railroad track age. Harriman tha Gobbler. The Vnlon Pacific people own prac tically all of the O. R. & N. company's common stock Issue of 114,000,000, so that the profits from its operation go directly Into the pockets of Mr. Har riman and his friends at any time they decide to make a division of existing surplus funds. This time It Is said they elected to take tbe profits be csuse they needed the money to take care of personal speculations growing out of the financial stringency The owners of the controlling stock or a rauroaa are, under the law, en abled to take the profits regardless of any extreme need that the road may have for expenditure of the money on Its lines, for betterment or extension. All construction work on three of the most Important railroad extensions In Oregon has been shut down since last October, contractors held up, construc tion camps boarded up and provisions spoiling because of the alleged "finan cial stringency at Mr. Harriman s of fice dow.n in New York. Harriman the Onstsr. Two years sgo other Interests at tempted to build a railroad Into Wal lowa county, which la entirely without transportation facilities, and tho Har rlmnn people drove them out, fenced up their right of way and started to build a Harriman extension from Elgin to Joseph. This extension Is not more than half completed, and work has been st a standstill for months because of i the "financial stringency." I Some three years ago Independent In terests began construction of a rall , road from Portland to Tillamook. About 10 mllea of the grade out of Hlllsboro was completed when Mr. Harriman suc ceeded In wrecking the company and suspending operations, leaving a ruined contractor and a lot of unpaid work men. Harriman Interests then began ronatructlon of the road. A part of the line has been constructed at the Hllls boro and Tillamook ends. The con tractors. Robert Wakefield and asso ciates, had well provisioned camps, steam shovels and complete oonstruo tlon equipment on the ground and were hard at work building the track when they were suddenly ordered last fall to shut down because of tha "financial stringency." Nothing has been done since on the work. The contractors are wondering whether the Harriman in terests Intend to use their 18,560,000 O It. A N. dividends for the Dumose of continuing construction on this line. Started and Quit. About two years ago the Southern Pa cific began construction of a line from Drain to Coos Bay, to give the only rail outlet from the ooaat country to Port land Right of way was secured, grade construction well under way for 10 miles and several tunnels opened, when a severe feeling of poverty attacked the Harriman mind and all work was shut down. Soma of the contractors are still waiting for the appearance of a bulletin from New York directing thorn to pro ceed with conatruotlon. It was announced that last year con struction work would be commenced on a railroad to be built from Natron through central Oregon to Vale by the Harriman interests. This road was sur veyed and rlghte of way were partly secured, but there was no money in sight, and the project was evidently dropped or Indefinitely postponed. Bates Qo Up. It la known that the Harriman rail roads eurn a grest deal of money. He ports are to the effect that the tonnage moved by the O. R. N. railroad last year exceeded by four times the ton nage carried In the preceding year. In any event the amount greatly Increases each year, and the rates have a ten dency to go up Instead of down. The O R. & N. company operates 1.245 miles, mostly In Oregon, and some of It In eastern Orgon. Total gross earnings from operation in lo7 were fl2 94t.15. The expenses of operation largely Increased that year bv extra ordinary weather conditions were $6, 969. 821. In a single year there wss a prdrflt of nearly $. 000,000 from the earnlnga of a railroad system partially covering only two err all parts of two states. It has an Income from sources other than operation. Iast year Its rentals were $114,446. ssles of lands, $347,467, and It en)oyed the Increment comprising $8,406,000 Interests on Its $30.0(10,000 surplus. From the profits It spent practically nothing for betterments, maintenance or extensions. Maintenance of way and equipment were figured Into the oper ating expenses. Tho expenditures In cluded In operating expenses on account of construction and equipment In 19)7 were: Maintenance of way, $1 .9R1.S31; maintenance of equipment, $935,481. REQUESTS BE THAT ROAD REBUILT llailroad Commissioner Asks That Heavier Bails Be Laid on West Side. While the oauae of the Forest Orove wreck of February 11, when three per sona were killed and It Injured, still remains a mystery, the railroad com mission, which filed Its report at Islam featerday, recommends the relaying of he track with heavlsr steel as soon as possible. Broken KalL The report of the commission In part la as follows: "In our opinion the direct csuse of the accident was the breaking of the northerly rail about 22 feet and & inches rrom the easterly en.i oi me ontige, which caused the derailment of tne three passenger coaches. The derail ment appears to have followed the breaking of tha rail and nothing lndl catea that the derailment preceded or caused the breaking of the rail. The rail beyond waa broken Into a number well handled, he said, no feature of the festival would be more attractive. He suggested that Inatead of the pa rade the evolatlons be held In soma square such as the Multnomah field, where the children could be drilled end could go through their evolutions with out having to march at any great length. This suggestion was concurred in by several other principals. CARROLL ARRESTED FOR AH CRIME Woodburn Postoffice Bob bery Aired Before United States Commissioner. D0BSE DIRECT FRDIARY BUT AVOID STATEMENT NO. 1 Indorsement of the direct primary aw and a pieage oi mo pany iu no mpport; the supremacy of Republican principles above personal ambition or private motive; the reenactment of the employers' liability act; liberal appro priations for publlo Institutions of gaming. CjlVlSIon Ul jniumunnni uuumy nto legislative districts, exclusion of Asiatic laborers; direct election or Jnlted States senators, new ana strin gent banking laws, improvement ana levelopment oi rivers nu rhese are tho cardinal points or tne lilatform reported to the convention his anernoon. The report or tne committee was Igned by every member. Ben Selling in. dissented from the entire plat- orm, he being in favor of the absolute ndorsement of Statement No. 1. For he sake of harmony, nowever, ne con 11 r red with the remainder of the com- Inlttee In making no recommendation on he statement. Tne majority or me ommittee favored Statement No. 1, but or the sake of harmony did not deem wise to bring tne question or us ndorsement before the convention in 'ace of the certain opposition of the lodson-Balley-Boach machine delegates. In Indorsing tne primary law me latform says: j "Wb believe in the nomination of all andidates for public office bv direct ote of tne people, we, mereiore, en dorse the primary election law ana ledge to it our most nearly suppori. in urs-lna- harmony the platform goes n record as saying that no man should eek a Republican office unless he olds the success or ttepuDiican pnnci ia shove the achievement of personal mbltlon or the gratification of person- enmltv. The plank recommends that very candidate sign a pledge that he Ivlll at the June election support the iffccessful nominees of the Republican Farty. R E. JONES RUNNING ON STATEMENT ONE (Catted Preti Letted Wire.) Salem, Feb. 29. Benjamin F. ones, of Independence, nas rued Is petition for nomination for epresentatlve for Polk and Lincoln ounties on the Republican ticket. He grass to statement jno. i. . . Ail Modern Woodmen requested to at- end funeral of Neighbor A. E. Skinner f North Dakota at FJnley'a parlors. 11 k. m. Sunday, Has no relatives here, , John H. Carroll, better known as "Sailor Jack," who fishes in the sum mer and who, during the winter well, ho doesn't fish was before United States Commissioner Bladen this morn ins, havlna- been arrested at Woodburn on a charge of robbing mail pouches from the Southern Pacific passenger station. Carroll was released upon his own recognlrance to appear before tae commissioner again on March 9. E. C. Clement, postal Inspector, has been working on the case for several weeks and Cnrroll's arrest yesterday by Marshal Riddle at Woodburn was the result. Carroll was brought to Portland last night by Clyde Nicholson, deputy United States marshal. jPonehes Btolen. Carroll has been making his home In Woodburn during the winter time for the laat six years. In the summer he works for the different fish companies along the river. Several mail pouches were stolen from the Woodburn station last De cember and since then the authorities have been endeavoring to locate the perpetrators. Carroll, some years ago, turned state's evidence against "Bunco" Kelly, having been mixed up in the case. HAS THE HABIT, HAS NUMBER SIXTEEN nomnunv had sued the countv Of Mult nomah to restrain the collection of taxes on $225,000 of accounts, on the ground that such accounts cannot be taxed except at the home office. The company Is Incorporated under the laws of New Jersey, and Duluth. Minnesota, Is Its main place of baslness. Judge Cleland said that it would seem that if a corporation undertakes to transact business here It should be amenable to the laws of the state, par ticular the tax laws. He said that under the laws of Oregon accounts are under the bead of debts due and are taxable. netains Demurrer. The court thereupon sustained the de murrer of the county to the complaint, leaving the plaintiff out of court. The point decided la or great lm portance, as It WOMAN'S CLUB BY CLOSE VOTE RULES AGAINST PUPILS' PARADE The Woman's cjub voted yesterdsy to uphold the action of the school board In opposing the idea of having the school children take part In the Rose Fiesta parade. A warm debate fol lowed the introduction of the resolu tion, some of the women speaking as enthusiastic workers for the Rose Fiesta and favoring the presence of the Is practically the same 1 children for the beaut" which was thus as the contention made by the O. R. & I added to the parade ana tne drawing N. railroad In nrotestlng against the j power which ruch a feature would have, assessment of $16,000,000 In book ac- Others as warmly opposed having tne counts before tho board of equalization, children ake part In the long march. The contention of Assessor Blgler in , and many mothers expressed themselves thla reerard was that such accounts , as opposed to the plan, as they feared should be taxed. He was sustained by the county board of equalization, and Judge Cleland's decision Is along the same line. SUSPECTED OF BLOWING ur s. r. irons' scow the double burden which would, be put upon tne children at a time when they will be already pressed with school work near the closo of the term. Some of the speakers In favor of the resolution fe.red that an Injury to the health of some of the children might be caused by their being upon their feet for so long a time, and that the time lost from their studies In prepar ing for the drills would be too heavy a tax upon them. The c.lscusslon was animated, and when the vote was taken It stood 34 in favor of the reaolution and .is against it. A resolution was then of fered thst the vote, with the figures, be given to the press, in order to show that the vote was not unanimous. The resolution w:j lost. After the business meeting the club listened to an able address by Rev. Wil liam Hiram Foulkes on "The Small Col lege." Dr. Foulkes favored the small college for several reasons, among which are that It makes liberal edu cation possible to many, because it perpetuates the democratic spirit and because it places emphasis upon character. BLAZING WIG III PillL OF WATER 16 from Frisco has the She was late again to- No. habit. day. 4 Northern Pacific, No. 1, due at 7 o'clock, arrived on time. Southern Pacific, No. 16, due at 7:65, arrived at 8:16. Southern Pacific, No. 18, due at 11:30, arrived on time. O. R. & N., No. S, due at 8 4 o'clock, arrived on time. O. R. & N.. No. 6. due at 9:45 arrived on time. 41 Aatorla & Columbia, No 21, due at 12:16, arrived on time. H. K. Roberts, who Is said to have several other names, and has been cm- ployed on the north bank road as a dynamite handler, was lodged in the county Jail yesterday afternoon by Dep uty Sheriff Beatty. He Is booked on the charge of carrying concealed weap ons, but is suspected of having blown Columbia river. He was arrested on SnnlvflllP AVOTllfln SftYOS HeT the Washington side, but consented to ; 0KKtinc UrtlW .lici accompany the officer to Oregon terri tory, where the warrant was served. He was caught In the loft of a farm house, where he fled on seeing the of ficer approach. Irons' boathouse was blown up Sun day evening during the absence of the owner. KODerts is aaia to nave Deen Own and Her Son's Life by Miraculous Nerve. Spokane. Wash., Feb. 29.- seen In the vicinity shortly before the jr. B. Graser was frying -While steak Mrs. for explosion, and to have been seen rowing away arterward. irons since mat time has endeavored to talk to Roberts, but the latter rowed away and avoided him. Finally, according to Irons, Roberts drew a revolver to keep him nway. Irons thereupon came to the city and swore to the complaint charging Rob erts with carrying concealed weapons. Roberts once served a year In jail for robbmg a store at Bridal Veil. The term began in 1906, when he was ar rested at The Dalles. breakfast this morning the grease In the pan biased up and set fire to her hair. The flames reached the celling and set fire to the paper. Mrs. (JraHer soused her head Into I nail of water and with the walls blaz Ing about her got her sick boy out of the house. The building was consumea. Mrs. Oraser was not seriously Durneu. PLEDGES WORK FOR THE PEOPLE G. W. Dixon of Canby for Legislature on No. 1 and Something Besides. BAKER CITY GAMBLER A SUICIDE ON TRAIN Baker City. Or.. Feb.- 29. Jess Thomas, a gambler, who left Baker City Monday for Chattanooga, Tennessee, committed suicide on a train near ruasn vllle, Tennessee. He had consumption and had suffered a number of hemor rhages. He was going home to his parents. He had lived here a long time. MAN FOR ATTORNEY NEXT WEEK, MAYBE (Washington Bureau of Tbe Journal.) Washington, Feb. 29. The Oregon delegation will meet next week in the endeavor to reach an agreement on a district attorney for Oregon. It is ex pected that Senator Bourne will attend the meeting. ' x Salem Boy for Annapolis. (Wtthlnfton Bureau of Tht Journal.) Washington, Feb. 29. Representative Hawley haa appointed Thomas' L. Qatch of Salem, son of Claude Gatch, to be a cadet at Annapolis, with Mark O. Lafky and William H. Perkins, both of Salem, alternates, as a result of the competi tive examination held at Eugene by Dr. William, Kuykendall and Superintendent It. R. Alderman. WARSHIPS TO TAKE ON SUPPLIES FOR TRIP (United Prens Letted Wlre.k Vallejo, Cal., Feb. 29 Great quan tities of provisions, clothing and ship stores are being sent under rush orders from the Mare Island navy yard to the Washington and Tennessee, which are preparing for their start today on the southern trip. Scenes of unexampled activity mark the execution or the rush orders. TO FORM PERMANENT HEALTH COMMITTEE Portland will probably have a per manent committee on the general health as a result of the meetings or mo com mlttee of clergymen, physicians and others Interested in suppressing the questionable medical Institutions of the city. It was suggested at the meet ing of the committee yesterday after noon that some permanent organiza tion bo perfected with this end in view. City Health Officer Dr. Esther C. Pohl, suggested that the committee could broaden Its work and take up " -'"i-. ViT- i such matters of general Importance as Z'vl Inn T end othar thlnw to the two ! tuberculosis,. pure water supply. and the warships One hundred and two thousand pounds of provisions, clothing and ship stores will go aboard the Washington and the Tennessee will receive 160,000 pounds. Fifty tons of stores have been shipped to tha Colorado and Pennsylvania at Bremerton. It Is expected that these stores will be sufficient to last until the two ships assemble In the northern cruise In May. COMMISSION TO HEAR SHIPPER'S COMPLAINT (United Press Letted Wire.) Salem, Feb. 29 The railroad commis sion will hear Tuesday in the chamber of commerce building at Portland the lawsuit of the Multnomah Lumber & Box company against. the Southern Pa cific company, to compel the latter to connect -with the- United Railroads, so freight can be handled by the shortest route. sanitation of rivers. A committee will be appointed to take up this question Distriot Attorney Manning was pres ent at yesterday's meeting and a long argument took place as to the actual time that manslaughter could be com mitted in the performing of criminal operations. No progress of material Im portance was made along this line. The committee adjourned to meet the call of the chairman. at Disreputables Give Bond. (Special Dltpatcb to The Journal.) Roseburg, Or., Feb. 29. Natella Cole, as she is known In Roseburg, who has gained , so much notoriety by being found living in a Chinese den, was bound over on her preliminary hearing to appear at the May term of circuit court, alonavwlth two Chinese, Toy Park and Oee Wee, The Chinese furnished ball In, the amount of S160. The ball for theCglrl was fixed at $200, which ha furnished la cash. , SAFE BLOWER SENT UP FOR FORTY YEARS (United Preu Letted Wire.) Stockton, Cal., Feb. 29. Fred Ellis, tho desperate safe cracker who blew open the safe in tho Elite concert hall with nitroglycerin on the night of Feb ruary 5. was sentenced to 49 years in Folsom by Judge Nutter this morning. A prior con ictlon was urged against him. Ellis pleaded guilty. The sen tence practically means life imprisonment.- OFFICERS COME FOR ' EMBEZZLER GREEN New Tork officers have arrived In the city to take charge of Howard C. Green, who Is wanted on the charge of em bezzlement and haa been In Jail here since Febraury 24. - He ia alleged to hava made away with 189,000 And must go back to face atrial (Special Dlspttch to Tbt Jonrrinl.) Canby, Or., Feb. 29 George W. Dixon, editor of the Canby Tribune, made formal announcement of his can didacy for representative on the Re publican ticket today. Mr. Dixon was the first candidate in Clackamas county to come boldly out In favor of State ment No. 1 and promises that if he Is nominated and elected he will support the people's choice for United States senator. Jffr. Drxon says: "There is no true republican form of government that Is not a government of the people, by tho people and for the people. This principle accords the people the right to choose their United States senators, and the representative who is unwilling to obey the will of the people who elect him Is not a repre sentative, but a mlsrepresentatl ve. Depositors' Security taw. "If nominated and elected I shall In troduce a bill in the legislature creat ing a depositors' guarantee law, pro testing depositors against loss of their money in Insolvent banks. According to the last report of State Bank Kx amlner Steel $8,000,000 has been with drawn from the banks of Oregon with in the last six months because the peo ple are afraid the banks might fall. The law I propose to enact would cre ate a state banking board composed of the governor, the state treasurer and the state bank examiner. This board would levy a tax of one per cent on the total dally average balances of de posits in the banks as shown by the bank examiner's report for the previous twelve months, or six months, as the case migljt be. This money would be turned over to the state treasury to be used as a liquidation fund for the de positors of any bank that might fall, and when a bank does fail let the state pay the depositors dollar for dollar. The bank examiner can then take over the affairs of the defunct bank. The banks demand security before letting a dollar out of the bank. Why should not the depositors demand security before put ting their money into the banks? This law Is in operation in Oklahoma and a result the people of Kansas and adjoining aiaies re imiii meir money to the UKianoma Danas icr deposit, it would benefit the banks by restoring to circulation millions of dollars that are now hoarded sway and should be in the channels of trade. I Shan advocate eauallty in taxation. or require that the manufacturer shall pay his Just share of taxes, the same as the farmer and land owner. I shall advocate better roads and public high ways and a more liberal policy toward our public schools and educational Insti tutions. fuDiic money is tne peoples money, and the strictest economy should be required In lta expenditure. I prom-' ise the people that If they will stand back of me my every official act shall be for the advancement of their Inter ests aa opposed to the interests or the corporations and ; the moneyed power." of nieces, anrtarently by the wreck. "The rail which failed waa a low 66 pound steel rail manufactured either by the Chicago Iron A Steel Works or by the Carnegie Iron A Steel Works In 182. It served on tha main line from 1882 or 1981 until the spring of 1896 and was laid on the West Side division track near Forest Orove In June, 115. It showed no peroeptlble wear, but the meeting Joint was deflected from a true linn .f-int l-hth of an Inch. No flaw In the material was apparent. A piece of the broken hall shows, adjacent to one of the belt holes, what may be old mut rtni1in-r for about one half Inch It Is verv difficult to determine the age of this rusty break. Fleoea MUstag. "U'hiu tii rail was in position In the track this would be covered by the plates and would not be visioie uniesa the angle bars or plate were removed. The exact cause for the breakage cas- not be determined beyond doubt. While we have examined with care all of the broken pieces of any of the rails which have been discovered, some pieces are yet missing. "Three wltnestea testified to having seen pieces of rail which showed rusty breaks, hut they do not appear to hve been attempting to describe the sams piece of rail. Some of them disclaimed having made close examination. Borne of the testimony seems to apply to the second rail, which In our opinion was not the primary cause of the derail ment and which was b.-oken by' the Im pact of the derailed cars. Inside Quart -railed. "The roadbed for 60 feet north of the treatle was in better condition than the average for the west side road. The trestle was In good condition, except for the 1-ck of an Inside guard rail, which might have mitigated the vio lence of the accident. "Examination of the reports of failed rails shows a better record for these old 66-pound rails than for the heavlel new ateel which the Southern Pacific company has recently put In. This ap pears to be the experience of all roads "Unless chemical analysis discloses some hidden defect it is probable that the exact cause of this particular rail failure cannot be demonstrated. Hearisr sails. "Tho general superintendent and the division engineer of the Southern Pa cific company testified that In tht year 1906 traffic conditions appeared to Jus tify heavier rails on this division. Ac cordingly 50 miles of 75-pound rails were ordered for delivery In the year 1907. which, It was contemplated, would be laid on this division between Beaverton and McCoy. The frogs, fast enings, tleplates and larger ties are now on trie ground but the 76-pound steel has not been delivered. "The Isying of this heavier steel will practically necessitate a reconstruction of the roadbed aod Involves ballasting the tract and strengthening of bridges where necessary to support heavier equipment and traffic. The primary ob ject of this Investigation is the deter mination of the cause of this accident. The proceedings are ex parte In nature. "Further discussion at this time of the condition of the roadbed of the Southern Paclfto company as disclosed by our own inspection and evidence be fore us would not be germane to the in vestigation of this accident, but we wish to recommend earnestly that the relaying of this track with heavier steel he proceeded with speedily according to the plans outlined Dy the general sup erintendent. "Within the last four years the main line of the Southern Paolflo company has piactlcally been reconstructed and naturally this work of reconstruction should now be extended to the branch lines. THWARTED Attorney Lcman Files Suit to Prevent 3Iagnate From Voting Illinois Central Stock Counterpart of Ac- 11011 JjUSI lV X15II. , v (t.'nlted Trent Letted Wirt.) ' Chicago, heb. !. Trouble fronJ i ntw quarter hM loomed up to cause E. It Harriman fresh annoyance at a tlmt when he tnought all .would be smooth sailing for him In selecting bis own candidates for directors of the Illinois Central railroad by '.he voting of shares next Monday. Hut now comes Henry W. Iceman, of the attorneys In the Fish Harriman controversy, which waa re cently settled In favor of Harriman, with a suit for injunction to restrain the voting of shares on Monday. It IS practically a counterpart of the suit filed by Stuyvesant Fish. Leman la a stockholder of the Illi nois Central. AMALGAMATED IB REOPEN MIS Copper Output to Be Re sumed and 7,000 Employes Returned to Work. (I'nltfrd Prets Leattd Wirt.) Butte, Mont., Feb, !. John I). Ryan, managing director of the Amalgamated Copper company, upon arriving thla morning announced that all the mines controlled by the corporation, Including the Washoe smelter, the largest in. the wnrM would start operation at once. The announcement has caused great Joy, for It means the reemployment or ,ouw men laid off In Butte and Anaconda last September. The output of copper will also be resumed. YAQU1S ATTACK JAP RANCHERS Three Orientals and Large Number of Indians Killed in .Battle. (Coifed Press Letted Wire.) City of Mexico. Feb. 29. Thres Japa nese and a large number of Taqul In dians are reported dead as the result of a desperate fight between employes on the Las Kliltas ranch, owned by Z A. Martlnes. The Japanese, number-. Ing 10, were attacked by 100 Yaquls, who were beaten off. ' COUNTY CLERK OWNER LIABLE EVEN WHEN ACTING FOR CITY CAPTURES PRISONER John McNuttson, Charged With Larcenj Attempts ' French Leave at Jail. . Tenant Can Recover Dam ages, Says Court, if Razing Building Causes Loss. Presiding Judge Cleland In the cir cuit court this morning decided that while the city has a right to delegate to a building inspector the power to de termine when buildings are unsafe and may blve notice to have the structure removed as unsafe, such action by the inspector does not protect the owner from a suit for damages if the tearing down of the building causes loss to the tenant. This ruling was given in sustaining a demurrer to a portion of the answer In tho ca.se of Hung Sun & Co. against Cornelia Burkhart. The company, which conducted a Chinese merchandise store i at 147 Second street, claims J82.419.78 damages for loss caused by the removal of the building which It had leased from Mrs. Rurkhart. In the answer the fact that the city inspector gave her notice was pleaded, and It was asserted that sho was not liable, because she was compelled to remove the building. Judge Cleland holds that the action of the in spector is not conclusive, and that the question of fact as to whether the bulldli g was or was not unsafe re mains to be settled in court. Judge Cleland said that the point Is a difficult one, but he believes the city has a right to delegate to an Inspector the power to determine when a Dulld Ing Is unsafe. At the sanle time the action of the Inspector docs not protect the owner from an action for damages, leaving the actual fact to be settled by proof. FIXE EXHIBIT IS TO BE INSTALLED The Portland chamber of commerce has Just closed a tlve-year lease on its present quarters at a very moderate rental and work will be immediately commenced by the organization with a view to building up a magnificent ex hibit of Oregon products, to be shown In the chamber during the Alaska Yukon exposition next year,' when it is expected thousands of tourists will visit Portland. LAW BREAKERS CONTRIBUTE HEAVILY Fines and forfeitures in the municipal court have grown substantially tha past year. For February the amount was $3,979 60, as compared with U,76.5 of last February. County Clerk Fields distinguished himself last night by capturing au escaping prisoner who was scaling th ' fence around the county Jail. Mr. Fields was on his way to nis oince aooui s:v : o'clock, having been called tp Issue a marriage license, and as he approached the Fifth street entrance he saw the f form of a man dangling from tha top ,. of the high board fence near the car penter shop. The county clerk knew something was wrong, and aa ths mart dropped to the ground he ran Inside, commanding him to halt. Ths man . made no effort to run or resist and when Fields demanded what hs was do ing, the fellow replied, "l wanted to ses a friend of mine." , "You come with me." said tbe ama teur officer. His prisoner evidently , decided that Fields could handlt him, ., for he walked quietly with hla captor to the office of the tax collector, where he was turned over to Deputy Sheriff Martin and restored to tne Jail. The escape proved to be John McNutt- v son, a Scandinavian, who la held on the charge of larceny. He had bea confined in the old corridor and is , supposed to have plcXed the lock of the door. More than a dosen other prisoners were in the same corridor 1 and at first it was feared that others had escaped. Sheriff Stevens had tha Jail surrounded, but these precautions proved unnecessary, as McNuttson sv- v dently had taken no one into his con- , f ldence. Today he is occupying a steel cell and any Idea of liberty ;he man have had has vanished. .V, T A REGISTRATION CL0SB, TO FIFTEEN THOUSAND Registration is now; almost t ths 15,000 mark, Tha sxact fig- ures, Including yesterday, are 14,990. of whom 11.660 are Re- e publicans, J,61 are Democrats and 772 Independents, or mm- 4 bars of ths minor parties 4 Yesterday was on of Una e heavy days, ths number of vot- ers who had their names entered ' being only four lsss. thsn 400. Beginning Monday ths officer of e ths county Merk will t open un- til I o'clock each night for ths 4 Accommodation of voters. " - ssV" Cnlon labor support to combs e . temperance movement. In return tor t exclusive use ef goods bsarli.g t union label. Is the Pfof f J1' ", , ' ' : cago saloonkeepers by the t t Trades VMori Isabel league. The ! Is affiliated with both the Ch the American Federation of l " Its efforts to promote th u union label have retfelve-J the sane i of both bodies.