S'-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.