i
. 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.