The Oregon daily journal. (Portland, Or.) 1902-1972, March 03, 1908, Image 1

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The Oregon daily journal., March 03, 1908, Page 1, Image 1

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Newspaper Page TextS'-V To Sell Real te";yi JOURNAL CIRCULATION rj YESTEKDA .WAS Advertise in The Journal ;; -Journal A$ Pay Best , (Th ' Weather - Occasional ( light rata or snow flumes Tonight. i f r; KXiW v ? - S !" I PORTLAND;! OREGON, TUESDAY : EVENING, MARCH 3, 1908, SIXTEEN PAGES. " : r ' -r- PRICE TWO V CENTS. &2R2S3 lilili i , 1 ,t II i . j I II & 1 1 - J . : i A ' . i - I CV - V . . : 4V I I , a A - aV 1 av ' ;. ' .aY ': a M aV ' a. : .-A '. . I I . II 29,650 - 1 i 1 ... ., - IFM I REQUIRED .1.1 ' , . - 'r OK Title .Guarantee Trust Company Affair, Again Muddled Information : That Can Stand Test Must Be Drawn. . ' - ' I ? Presiding , Judge : Cleland la the circuit court this morning sustained the demurrer to all three Informs' tlons pending l before him in the cases'ot J. Thorburn Ross and the other Indicted officials ot the. Title Guarantee & Trust company. He found the indictments presented by District Attorney Manning to be full of flaws, but the decision also shows that informations that will stand the test can be drawU. - ' ' , ; Deputy District ' Attorney " Bert llaney was the only representative of the. district attorney's office in court this morning when the blow to Manning's informations ' fell." Mr. Haney: at once asked f or an order resubmitting the cases to the district attorney, v bo that.1 new v informations may be filed, and,' the , order was granted. Making . use of the point ers - given by .Judge jClelandlhis morning, the district atorney rwlll set himself qnce more lo the-task of trying to draw an information that will hold waters. But his hope i of tn early trial of the. cases has gone glimmering, "for the slate? to, now clean 'and it wia be . necessary , to start over" again. - Then, no. doubt will follow the. usual delay incident to motions to quash and the filing of more demurrers. v , . In on Important point the contention of Hi stat war sustained." . THIS IS tM elalm that Section 1807 of thojuodo ap plies Jo private poffons .as wettias to persons, occupying publio; office. , Had the ' demurrer of the - defendants, been susUined in thlsjrewrd It wou;d have meant an end of the cases. The opinion of Judr Cleland is , that ' th atatute does apply to such cases aS those of Ross and ' his associates, ' and that they are liable to prosecution. Escaping- what would have . been a fatal defect, " Mr. Manning's problem r nowreduced , to apt pupil he may be able to master the lesson on the second attempt. . 's Bevtews Argameas. StrUclns: to the kernel Of the question nt the outset of hlsideciSlon. juag pe land took up the argument In behalf of the defendant t)n the point common to all the Informations, that there can Vfcfl no prosecution of private ' persons ?Sr violatton of section 1807 of the cod relating to misuse or tne-siate scnooi Ifund. it being Insisted that the differ ent kinds of larceny are entered into in detail and the catalogue exhausted In the codes, and that this section must be deemed to apply only to those per sons who receive state money by virtue of their official positions. The court disagreed with this view, saying tkat while the statute beyond question aip plies to public Officers it also Includes person who "are not- public officers. He described the present cases as proper ones under the code,' referring -to per sons, not officers who are In possession of money for the state." -?v r'.. The demurrer 'was sutained ' On - the firound that the Informations fail to si ege that tne crimes charged were com mitted In Multnomah county, and fall to specify the time iWhea committed. .The informations state the existence of the Title Guarantee A Trust company last November and charge that ''theretofore' the money wa received from the state treasurer. Thecourt .said that the only construction -of which the language is capable shows: that "jtheretofore" refers to some time In the past not specified. This' leaves It Impossible : to, determine when or where it is meant , to charge the crime ,.,,' v.---: .. J-v,. : racts Wot Set Forth. ' The demurrer was llkewlss sustained on the ground that tiie:facts and cir cumstances surrounding - the .alleged ..!. nm" not set forth sufficiently. Judge., Cleland i touchea on thls-only kloflv: Hnvtntf that state the things that werr done, that are charged to be crimes, and that it is not ' II. IB IICKCOrj tu aistrfct attorney ,tftat; these vthlngj are CAseo the point 'that' two crimes are charged in the same Information, the fleaiurrer is sustained to Information No. 680, in which, the ; conversion of 62r,600 of state money is charged, and overruled in Nos. 681 and 682. in which the loaning of $10,600 to M- B; Rankin and refusal . to repay State - Treasurer Steele 1288,000 on demand are charged. i J.rH tn No. 680. which may be , called the hub of the wheel, the. court said that If the time and plaoe had been ' given Ike charge of stmpls larceny would i be' complete. In addition to the allega tion that the defendants wrongfully ap- 'proprlated and converted to their, own use the money of the -.state. This is a form of both general and special plead ing, which tne, court, held amounts .to charging two crimes In the same infor mation, and therefore objectionable Other Motions. , v Judge Cleland also "pasedlonthe mo tion of attorneys , for. T. T. Buikhart and John R Altchison in case No, 644, In wMch ther sought an order of dis charge, "claiming that they cannot now be proceeded against because they were preparlna an JnformaHonJhat w naw IeBsin its phraswlogr: Thiejtlme he will be materially assisted by the sus--rtinn nf th court, and if he la an (Continued on Pag Four.) THE WEDGE ErRrBRYSON MD J0HN ARE CONSIDERED F0R W$ni0H Oregon's delegation in Washington has picked two candidates for the posi tion of United States district attorney for Oregon and one f the gentlemen will not accept The other has not been heard from. 1 The ' Job ' that Christian Schuebel sought seems to be going begging, and a man for the place ap pears to be about las hard to find, from a delegation viewpoint,' as a needle in the proverbial haystack. ;! ; ' Some days ago the names of El K. Bryson of Corvallis and John McCourt of Pendletoiywere whispered among the wis ones. inquiry at Washington de veloped nothing more definite than "W are looking ' into the - matter and con sidering several men eminently fit to hold the 'Important position." , This ? morning The Journal f sent to Corvallis for a confirmation of Mr. Bry son's candidacy. .; yhe correspondent learned from the gentleman that It was true that ha had been encroached on the eubject in an "Indirect way, but he added that he would not accept the post tion even ir it svere orrerea mm. "I am not a candidate," said Mr. Bry even if it svere offered him. son, "and I donot intend to be one; This 1 morning I sent a telegram to Washington to the delegHtion saying that-1 would not consider: the proposi tion.". , lit: Bryson's friends are urging him to accept, since it became known that I PORTLAND SHOULD - TRY TO . GET CRUISER SQUADRON ri Portland may get part of the cruiser fleet to visit the city during the Rose carnival: There has been no definite arrange: ment by the navy department for -a detail of ships to stop here, but a dispatch to The Journatthis morning from; Washington states that it would not be a difficult matter to arrange for the detail of ships if representatives of the statein congress will ; make an urgent request for it. . s . ..' -t.7,..i . A. i ' The' message says that there will be no detail of battleships for Portland, as the fleet wtll go to Puget sound direct :as pro-: grammed -bur that the ; torpedo flotilla and cruiser squadron might be s.et here if circumstances permit. r , - 'prompt acuon Dy local commercial uuuics migni unng a. number of fine cruisers here during the flower carnivaV and it I is worth while, trying to get them. - , J THAT SPLIT Machihe" Has 'Found It a Useful Tool his .nam wss under c&rtBlderatlon by the delegation, : : 1,111 Telegrams wers recelfeS at Corvallis this morning from Washington. making inquiry as to his qualitlcatlons and ex perience. ,' . . .. Mr. Bryson added r "My Urtt intima tion as to the federal district attorney; ship was received - this morning. I could not consider the ' appointment, if for no other reason ; than I have an nounced my candidacy for district at torney of the Fourth prosecuting at torney district and do not care to be come a miscellaneous-candidate. Mr. Bryson is 83 year of age and has been practicing law for 11 years. He was admitted to practice in the federal courts about four years ago. He has never been a corporation practitioner and has had no relation as counsel for land fraud defendants, s As deputy district attorney he-broke the illicit traffic in liquors here under the so-called club plan after the local option law wenMnto effect. , ' rCOlJBT 18 RECEPTIVE. Not Making Fight for Attorneyship, 7 "but Would Take It. , (Special Dispatch to Tb Journal.) Pendleton, Or., 'March 8.-Attorney John McCourt of thU city, who' is men tioned la today's Washington dls- THE PARTY McCOURT patches as a candidate for United States district attorney. Is not making an ac tive fight' for the place. His name has been' presented by friends and urged by Congressman Ellis, and If the nomina tion, comes he will accept, it Mr. MCCourt is a native' of Canada, 84 years old. He practiced .law -at Sa lem four years and has been at Pendle ton eight years. He is city attorney and deputy district attorney and is a member of the firm of McCourt & Phelps. He Is very popular and Is con sidered one of Jthe ablest lawyers of eastern Oregon. He has made a good record as a proseoutor. He is not al lied with any faction In politics. " BECWH REBATINGJtOADS Believed That Government Officials Will Probe CaU ifornia Lines. ; ' (Ltd ted PtesLeittd Wire.) Los Angeles, Starch 8. -With the ar rival of Tracy C. Becker, special assist ant to Attorney General Bonaparte, and Thomas B. Neuhausen, special inspector for the department of the interim, today it Is believed in legal circles that gov ernment investigation of alleged 'rail road rebates will be begun in earnest In this district, i - - " While the principal object of Becker' visit is to appear -for the government on extradition proceedings against local men alleged to be Implicated in Oregon land frauds, it is understood that he will' take a hand in the investigation of rebates and will close the Imperial valley land fraud investigation.;. ? . BATTLESHIP WWEaM ; , GOES INTO DRJD0CK i&iC : m-1 : 3 v;. , -(Onltrd Prnm LrnMd Wire.) Bremerton. Wash., March S.--Tlt battleship Colorado went Into th dry-dock- this morning at- JO o'clock, i She wll have some new plates and soma njew guns Installed. ... y t . . '. '. . . , ..... , ..... - . - i . - . : : , .. . r Bristol Befuses to Wait Longer At llis Bequest Judge "VVolverton Ap points Attorneys Tucker and Evans Assistants. Grand Jury Called for March , 16 Petit Jury April 13 Transgressors. Against Uncle Sam's Laws Will Be Bushed to Trial. The criminal docket of the United States court Is to be cleared at .last. With that end la view Kobert Tucker end Walter H. Evans were this "morn ing appointed assistant United . States attorneys r by Judge Wolverton, upon motion of District Attorney Bristol. Th twn new aDDolntecs were sworn In open court and at one entered upoa tb discharge Of their duties. - - A grand Jury has been cafied In the .i it fn. unh m at 1 o'clock in the afternoon, a venire of 60 names having been oraereo bfjuo iui A petit Jury for the trial of all indict ments returned by this grand Jury, or all criminal cases pending outside the land cases, wiU be ordered by Judge Wolverton in due time to report the second Monday in April, that date fall ing on April 13, at which time the whole docket will be swept clear of cases. The appointment Of the two deputies grows out of an agitation which has " ia n Kv IiiHita Wnlverton for tM. 'Th -! r hna hin ursTlnsT Mf. Bristol to -ake some action tending to relieve tne congeHnun ui -o ww-ow men in the county Jail awaiting the ac tion of a grand jury. Some of these men have beeen awaiting consideration for nearly eignt monms ana uug verton desired that they be Drought. before tne court lor noi. .... Two Able Assistants. vr -Rriatni tnm time ago sent word to the departmsai, of Justice that un less some different Instructions wers alven his oirice u wouiu ioiu m v.1 1A .nnnlnt tWA Hpnutlea sary iur ww k"--- - - . and proceed at once to the wprk ot cleaning' up mo u""- ' , .1 nothing-from Ihie eemmleUon he received w.ord from the. attorney- Kenerai inai uib ouua. name would be appointed, provided j nrni..i4nn vnuM certlfv that .1." nmAa, .tha action necessary. Judge Wolverton thereupon sent uch a oertinoaie 10 ini.oiiunoM. " resulted In orders ( to make the appoint- mKobert Tucker, one of tne new ap pointees, served as assisUnt - Uliited r . . TnhM T liiilllv.it States attorney uiiun "-. in the western district of Ohio, for five years. . He came to fortiana as the counsel of th Home; Telephone company and . was prevailed upoir by Mr. BrlStOl M MOTJIl WW !uvhi..sm. , 1 ...i.t aa an omxrixnrnd man in clearing up the work of the Office :-"r:' 4 " ; .Walter H. Evans, the second , ap- -mrma In tha EOVCmmCIlC SOrViCO . . attnrnav for seven years. He B ,1.1 T. . .3 IT was under tne junsaiciiun . u . M. Hunt, who presided over the land cases uiou , : - tlm Judge Hunt was in Porto Rico. He was later seni iw oiuor t... e-nvarnmnnt nuslne'SS at last retiring while on duty la Port land aDOUl IWW JWH B". Office Business Imperative. v .ltnt, hla. ranlleAt ' for the AD- :t" r. i r .nA for the calling of th' grand jury, Mr. Bristol explained va no uiu uui " the pUns of the department of Justice or of the Oregon delegation, in regard All he Itnew wa that the business of the ofnee aemanaea mm u jrau lated business be cleaned, up. He there fore called for the appointment of the two deputies and the grand Jury. MP. unsioi nam n make arrangements for the grand Jury also provide for Yight sessions It pos- sioie in oruor v.. be cleaned up as soon as. possible for, r! 'u r .fntaratanrf that tha anlira State 1 to toe turned upside down and torn to pieces Apni i u,u prosecutor returns to Portland." ' Mr. Bristol satd , he did . not know what T." C. Becker was going, to do, that he had understood ho was to take dt&the' remainder f th land oases, but there now seemed to b some doubt on would be done with the land cases or who-would try . them. ; ' ?: Booker' to 4 Try -tana cases. v.. a .m. TirAlraiAn i tntAiiiintcu1 vA no ; UUgO ITWl Wi vr w that he had understood that Mr. Becker WOUId try in won tanca niiu . viuii uu additional Information had come to him knew the land cases would be' taken up out The court said that the object of V. 1 n .k. dmwlU. .nnnlntul. mJ hm grand jury called was to clean out the county rjaH of rtnen--held -"to .await the action of the federal court or to await the xaminatlon of the grand Jury, It was not to go Into the land case in any way. .. !'. i -: -. - Mr. Bristol tit asking ; for - the grand jury suggested , that a- venlre of 125 names be drawn., a Judge Wolverton, however, held that 60 would be suf ficient, stating- that should It be. impos- (Contlirjved on Pag Two.) Miss Harnmain i Weds Mr; Gerry MISS CORNELIA HARRIMA-N. WHO WED ROBERT L. GERRY TODAY. (Unlftd rM Leased Vlre.) :C : r New York. March 8.- On' of th most brilliant weddings of th winter took place In Grace church at noon today, when 'Miss Cornelia Harrlman, , daugh ter of Mr. and Mrs. Edward H. Harrl man, was married to nooeri. juivingswn Gerry of Boston, In the presence of a dlstlnguisnea company, wnicn mciuueu many person prominent la New York and Boston society. . The church, which lend itself to a beautiful floral decoration, wa pro- fnsfllv adori.ed with Bride roses, lilies and white lilacs, with masses of deli cate ferns and the .choicest tropical creeps banked about the pulpit plat form. The music was another attrac tive feature of the ceremony. This In cluded a full choral service by the choir of the church and organ selec tions uj Nahan Franko. . , . Alia inaiu v& uuuui was uio uiiuq, sister Miss Mary Harrlman. The bridesmaids were th Misses Carol Har rlman, another sister of the bride; Ma rion H. Clarke and Ruth Averell, cous ins of the bride; Elsie Howland, Anita Peabody and Margaret Dlx. The brides maid wore attractive costumes of pink and white chiffon and each carried La Tosca clusters of pink and white roses. The bride, who was escorted by her father, wore a superbly built gown of rich cream satin, with bodice and sleeve heavily embroidered tn silk and flni-hed in arfalt of point lacS. The bridegroom had as his best man his brother. Peter Goelet Gerry The Rev. Dr. William R. Huntington, rec tor of Grace church, officiated and was assisted by the Rev. Dr. J. II. Mc Guinness of Arden. New York. Bishop Doane of Albany pronounced the bene diction. The ceremony at the church was followed by a reception and break fast at the Harrlman home in Fifth avenue. The bride of today is the second daughter of the noted railroad magnate Snd is a direct descendant of John NellBon. who fought under Washington and was a member of the continental conpress. Mr. Gerry, the bridegroom. Is likewise of Revolutionary stock, be ing a great-grandson of Elbrldge Gerry of Massachusetts, a signer of th Dec-, laration of Independence and a member of both the continental congress and the constitutional convention.- ' t TAX MONEY C03IES V EASY IX MABI0N (Special DIPtch to The Journal. I Salem, Or., March 3. -Marlon county, Judging by the now of " taxes into the county treasury, has not only beenun affected by the recent ihuiI&'W money seems to be more plentiful than it was at this samo time last year. During February. isoT. but M.217.64 was wl lected in taxes, whereas this year for the same month $96,718.47 haa been paid, nearly all taxpayers being able to pay and secure the rebate of 3 percent. -It is estimated that before March 15. the date on which the rebate privilege ceases, nearly half as much again as has been paid during February will be collected. JAPS M TO Mikado Hakes Ketunr of Steamer Satsu Marn Occasion of Natal Demonstratibn-JFonrtecn Warships to Take Possession of the Smuggler. , , 1 (Hnlted Press teased Wire.) , Toklo, March 3. Japan Intends t m.ira th return of the learner Satsa Maru from Macao the uwh for a naval demonstration, ana at : vessels oi in i.niin nav left .today to act , as an escort to the ship owhef teturn trip, The Satsu Maru was seized by the rinaaa 1 aovnVal v. week aao on the . . grounds -that It owners wer attempt- Xllfg iI ,iuusbi m v iui, and ammunition into China for the ben efit of the Chinese rebels. The. vessel was ostensibly bound for the Portu guese port of Macao, but wag held up by r ; ", - iV-v V".:,, :. : v ; ,- :. ; . HISPID TO IK Chicago Police Detect Blot ' to' Kill Trominqnt Men United States Officials After 'Firebrand News papers. ' (Speelil IHapatek to The JoarnaL) Chicago, March 3. District ' At torney Sims announced that tho fed eral grand Jury which, convenes to day will deal with Borne, phases of the anarchistic agitation and that his office with those of ' poster f lea and , Immigration., departments will unite In a campaign to stamp out the vlL , ' K; I;;-: . - " ; Denunciation of th(C overnpiert and law and order la .often the aii thorlty jn lncendiar. attacks and vicious appeals In : newspapers will now receive a careful scrutiny from the postofflce officials.. ' V At the same time anarchists who came here from Europe and Tho are not now citizens of the United Statca are to be sent back to places from whence they came under the -Immigration: laws of 19 07 which District Attorney. Sims declares are broad enough to Include all shades ot an archists. i,.:;',;v Y . --Unearthing of' a glgantto anarohtstla pfot tn which Mayor Busse. Chief of Police Ehlppy and Captain P. D. O'Brien of the detective bureau were marked for death by a lot of anarchists, tho Chicago police fore today, planned & complete roundup of anarchists with th intention of striking a blow that would rid the city of terrorists. ? Six alleged, accomplices of Iiuarus Averbuch. th 20-year-old Kishinev man who sought thailf of Chief Hhlppy-and met hi own death in the . attempt, are now under arrest . -'w : - The latest suspect taken Is Isadora Maron, 20 year old. Who was known aa the "curly headed boy," : and who tho sister of the-dead assassin declared took part la her brother's studies. -. The police plans include th complete roundup of ..all - known anarchists or radicals. Every "hotbed" will be raided, literature will be seised and the cult exterminated. ;. ':: . .-;- 1 : The discovery, of the plot to assassi nate Mayor Busse, Chief of Detectives O'Brien,' together with an attempt upon Chief Khlppy's life,. has aroused the po lice, -to a pitch that almost equals th reaction -which ' followed the famous Haymarket riots., " - I ' ;' Maron Seaouaoes Vollo. Battling With his captors and ' de nouncing law and Organized govern ment. Isadora Maron, 20 years old. who is said to have beeu, the adviser and as sociate of Lazarus Averbuch, was ar- . rested today at hta home He lived with ' Averbuch and his sister ' His. arrest is considered most Im portant by the police. It Is believed that It will expose the anarchist con spiracy which was intended not only to strike down Joeai representative of the law. but to extend to other Dromlnent men In public life. -. v, Maron v audclenlff changed his tone when under arrest. He ealci; "I will tell Chief Shlppr all about 1U I have been terribly mlslel." v It is believed today that the attempt to assassinate the -chief was . the re sult of his order suppressing a meet. ing at which Emma Goldman, the no torious woman anarcniai was adver. Used to speak. '. Tha nnllca ara ' not , AArtntn Wttafhoi. tiasarus Averbuch had accomplices In Continued on Page Two.) SCARE CI if a Chinese warship in the roadsted anl not allowed to make port. The Clilni found many cases of rifle on board. The Japanese government inim'!1 it ' took KU'(is) to set-iire tii rcl'iii ( i Vvsat'l und tne return ut !'- ii, . i this they wer support! ! t; i .r -guese at Mauao, v no Nn-n -I i i anteed treaty riKii( ot tnnr I" i ' been, violated by tli ic-fim ,; t nese. After conHi-iiiii tlje Clilntss asfcriti"! ti proposals unit inform'! t' ' govriment that the v 1 returned to them if 11 , v ' ' Tha Jap:mMe fie Slroers. bntti.t'!,ii.s pr.l i V.N.