The Oregon daily journal. (Portland, Or.) 1902-1972, March 06, 1908, Image 6

Historic Oregon Newspapers

The Oregon daily journal., March 06, 1908, Page 6, Image 6

Image provided by: University of Oregon Libraries; Eugene, OR

About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (March 6, 1908)

Prev Page of 18 Next Prev Issue Next Text PDF JP2 (4.6 MB) Clip/Print Image

Return to Top

Prev Page of 18 Next Prev Issue Next

Newspaper Page Text.. THE OREGON DAILY JOURNAi; PORTLAND, 1 FRIDAY . EVENING, . MARCH ' e.LlfiOS. r i a i . -- -- IfBsilFE 'Attorney General Bonaparte Advocates Suit Against , Harriman and Promises TITLE G. & T. OFFICIALS MUST STAND FOR TRIAL Three Circuit Judges Sitting En Banc Overrule the De murrer Made Alleging That Law Prohibiting Decep tion of Deposits by Insolvent Bank Was Not in Force. HEARST 10 OPEII 'BALLOT BOXES Appellate Court Hules Edi tor Has Eight to Verify McClellan Count. GOES I SflOSYBU I years, or by both such fine and Impris onment, at the discretion of the court." Mot a Common Penalty, . The opinion, further says: "It will be noted that the legislature In dealing with the subject of banks In the act referred to did not provide a common penalty for the doing; or the failure to do the things commanded to be done or prohibited from being; done, but on the contrary, spec Ideally fixed a penalty for each particular thing; there in mentioned. It may ba aald that there are other prohibitions In the act, but no penalties are prescribed, but the acts themselves are made unlawful and leaves the person injured to suoh civil liability as the general rules of law would prescribe." The concluding; portion of the ds- Circult Judges Oantenbeln, O'Pay and Rrnnaue-h. In an itnlnlnn wplttui liv Innocent Purchasers Will Jua odt and concurred m by uu VNot Be Disturbed. dlctmsnt of J. Thorburn Ross and other ecousea officials of the Title Guarantee A Trust company in the rate charging them with receiving deposit after they knew that the bank was Insolvent. Washlncton. March Attorney- In this ons caaa. therefore, tha accused General Bonaparte yesterday appearen hank officers will hava to no to trial before the house committee on public at an .any te. In the other three lands and asked that the aepariment C.M. wn0B demurrers were sub cf Justice be given authority as provtd- mtted on different grounds. Judge Cle d In the Tulton resolution, to Institute reoenUy sustained the points of de suits to forfeit titles to hundreds cf murrer and new Informations were filed thousands of acres of land In Oregon. today. xne attorney . .- ... u.wi f ih. California and Oregon railroad, now J j.j ieri,iature was examined closely In .ntMiuui k Harrlmah Interests, ha order to determine the legislative intent vioi&tad the provisions of the land w,th reference to the application of pen Molatea in Prov'",'1" " . v" allies provided to the officers of banks rmii. Ha declared that these Inter-I .I,.. iJ; . r.. . trt rm.tiva sis soia raucn uw j v '" acts are required. Tne judges reacnea mifm At the f lrur stipulated by an I . k h.t th. nimu act of congress, but now the railroads do, apply to such acts, this clause muH io eu in i.muii hi ""ui reading as ronowM thereby retarding the development of -r-. own,r, 0r officers of any bank the slate. ( who shall receive any deposit knowing Bonaparte promised mat persons who ,nat ,ucn D.nfc. insolvent, shall be bought land for settlement purposes at9mti ruiity of a felony and punished, would not be disturbed. upon conviction therefor, by a fine not nnrwHntatlve Fordney of Michigan .,i nnn . imn,i.n. i- t,. ----- - , m A I vVJ , " a . . . V w w w, f toyiunvn. ,u ins vocaieo an iuquuujqiu w iu, u . . .. to provide that Innocent purchasers of granted lands and of railroad bonds se cured by them should not be made to suffer through Institution of such suits. "The hearing will be resumed March II. Advices from Washington today are that the department of Justice Is not seeking.- to commit the government to absolute forfeiture of all of the origi nal land, grant, including lands pur chased In good faith from the railroad company, but that the object of the preaent hearing before the aenate com mittee on public lands I to clear the way of all possible obstacles to any action that may seem to Secretary Bonaparte and his advisors to be Just and lawful In the premises. The lan. guage of the Hawley-T'uUon reaolution is aa follows: . "It not being Intended hereby to de termine the right of the United 8tatea to any 'such forfeiture or forfeitures, butJt being Intended to fully authorise the attorney-general, in and by such suits, actions and proceedings, to assert on behalf of the united 8tates and the court or courts before which such suits, actions or proceedings may be Insti tuted or pending, to entertain, consider and adjudicate the claim and right of tne United States to such forfeiture or forfeitures, and If found, to enforce the Kama." The Manufacturers' association, by President Fletcher Linn, today sent the following telegram to Representatives Mondell and Hawley: v "Manufacturers' Association of the . Northwest respectfully urge you that Kulton joint resolution be amended to provide .clearly that partiea who have purchased lands from Oregon and Cali fornia railroad In good faith ahould ba exempted from contemplated action to 1s brought under this resolution. Hun dreds of farmers, miners, settlers and lumbermen are vitally Interested. An attack on the Validity of their titles will work Jrreparable damage to west ern Oregon' f i rlnlon, summing up the view of the three Judgns, was read with emphasis by Judge O'Oay, and flatly contradicts the contention of counsel for the de fendants that the penalties of the act of 1907 are not In force for 18 months after Its passage. This portion of the oulnlon says: 'Section H refers to and postpones the penalties as to those particular things which banks In existence at the time of the taking; effect of this act were not required to do, and as to tnose penalties, and those only, lg months' grace was aiiowea. rUin In Its Meaning-. "Shall this section by construction be made to apply 10 section is, wnicn re fers to Individuals. In contradistinction from the bank? Shall the affirmative aet of taking deposits when the bank Is known to be insolvent an act which by common consent is Immoral and dishon est be construed as suspended by sec tion 84, when the plain import is max it refers only to those things which ths bank as an entity is not required to do for the period named therein? If so, the entire construction of this act, by fixing different penaltiee for the par ticular things therein specified, must be disregarded. "One provision of this act, and the penalties thereunder, have no relation to other sections of the act and the penalties therein specified, yet to hold that this provision In section 34 has reference to the specific penalties In the other section In the act. and each of them, would be to disregard the plan of the legislature In constructing the statute referred to. "Under the ststute we are required to construe this act aa though section 2192 were a part of It, end by that sec tion the Drovlclons sre to be construed according to the fair import of their terms, with a view to errecr us ODjei and to promote Justice. If the con struction Is to be placed upon this act that section 84 suspends the penalties FIRE REGULATIONS TO BE RIGIDLY ENFORCED Superintendent Bigler Says He Will Use Drastic Meas ures in All City Schools to Prevent Eepetition of Cleveland Horror Generally Free of Danger. (United Press Lsassd Wire.) Albanr. W. V. Mink SL William mandolDk Soars, has won a viators- la " vioianon oi me nre regulations tne appellate court In ids contest oret ,MU,d trom w" off,c wUl b tolerated the sTew York City mayoralty eleotloa oupennienaent or sanoois Rig- la th fall of 1008, - ,,r- oca aoors in any or tne school That tribunal today handd down aa DU"a,n P dismissal from the ODlnloa holdina- that tfca ittomMn. service, saia rroressor Rlgler, who sral has ths rig to opsa ballot boass tnl" mornln plain that the in any election district so aatarmlna """-""""""" " "U ths coaat. Tats point Is decidedly ta times that the greatest care and pre- faror of ths Mew Tort editor's eoatea-IT" n'ur "M,lT 01 lM tion. "What school? What dnnrf ' Wk'" me Hearst, who real for saayor against I w way Superintendent Rlgler an. Cteorgs McOleUaa. declared that hla "wrd tn Question this morning If It TwL J7 .7 . i . . 7, i . I w" customary , to allow some of th defeat was das to frand and ballot Jaf. doors In some of the schools to r.maJn gung aag immediately ooatostea ths locaea, as it was reported bad been eleotloa. Bat the appellate oort says . ." -l..Vi v "I that to opea th. ballot boa. It U not Jffi LffilrTLZl neoessarr tot ths attoraey-roaasal to there are pupils In th buildings,'' he submit the preliminary arlasaoa Of conimuea. circulars nave been issued fand- 9d4mi Jadabn nnlMw hH... '.'T.?. w ""B wu nre . , ornis ana precautionary measures re under section 18, and that the pro visions therein made sre suspended and not In full force and eriect. it wouw seem that It would be a construction not according to the fair Import of th terms of the net, but a construction contrary to, and not In accordance with, the Intent or language of the legisla ture. Let the demurrer be overruled." M'COURT'S RECORD IS TO BE CLOSELY SCANNED Tast Deeds of Latest Choice of Oregon Delegation for United States District Attorney Put Under the Spot lightHighly Eecommended by Prominent Men. HOT DISORDERLY .'.'j..;'' . Judge. Cameron-Decides Po , lice nad No Right to Ar- - rest Shaffer's Friends. That the men and women who partic ipated in the birthday party at the liouae of Henry Bhaffer were not con ducting themselves In' a manner such as ' wouia constitute a Dreacn oi tne peace St the time Patrolman, Nathan Sultter entered the house and killed Shaffer, was the decision rendered by Judge Cameron In the municipal court this morning. , -This decision was rendered after hearing the evidence against the seven man who were guests of the Shaffer's . at the time of the killing and Who were arrested and charged with disorderly conduct. The defendants were Louie Btarkell, Powell Dodge. Gottlelb Mer cher, Jalne Fraber, David Bprecher, . Alex Schneider and John Spaun. These , men. with their wives, had been Inrlted ' to attend the birthday party given Mrs. - Shaffer by her husband and were pres . ent In th house when- Patrolmen Bult ter and Leaving arrived and declared all of the male guests to be under ar rest on a charge of disorderly conduct because of the noise that had been com plained of by one of the neighbors. All were, witnesses of the killing of Bhaf ' fer a few minutes after the officers entered the house. By mutual consent of the prosecu tion and defense the Incidents of the ehootir.g that resulted in the death of - Bhaffer- were not referred to, the testi mony being confined to such facts as . would show whether, or not the defend ants were guuty or creating a aisturD aneo such as would justify a charge of disorderly conduct, witnesses for dbth sidfis, including: Patrolman Sultter, who had been taken from his cell In the county Jail that he might testify for the prosecjtion. a (treed that there was sing ing and dancing Indulged In and that there was more or less noise resulting . Alum uiu utvi i viimtiiiiK. mora wan no evidence produced, however, to Indicate ,xnei mis nniee was or a nature to con- stitute a disturbance of the peace and : quiet of the neighborhood. . In summing up the evidence Judge Cameron said that there did not appear . to have been anyv happening at the Shaf- ; fer home that Justified the intf rferenee or tne authorities. It was usual-and .ST?1' he aW' for Bueets at a party of this nature to amuse themselves In the manner customary to their station in Mle, and such amusement was not an .r""iiKcuieni upon trie rights or com fort of others, as was shown in the tes- Imonyv presented In the case at bar RFI IHF I'MUIl HELD UP SALOON (Catted Press Uued wire.) . Seattle, Wash., March . A daring fe male bandit is now supposed to have Jield up the Fisherman's saloon early yesterday morning and "the police are working on a new- clue. The robbery iui oi id expert, out on account of the slender pulid of the person, he in.-1 i. - MniM vtfivr. -vasentiai j oints, the robber Is believed to have itcH t woman. - ; i v , Washington, D. C, March . John MoCourt of Pendleton, who has been recommended to the president for ap pointmont as United States district at torney for Oregon is expected to be nominated by the president Monday next It Is believed by the Oregon dole gatlon that he will be confirmed at once, or at least in a very short time. and will then 'be able to assume charge of the new office which has been ten dered htm. According to the statements of mem bers of the delegation McCourt has never made application for the position and during the time when he knew his name was before the delegation as a possible appointee he made no effort to advance his cauae. He was, however, the personal choice of Congressman El lis, before whom McCourt had practiced as a deputy district attorney for several years prior to the election of Mr. Ellis to congress. Mr. Ellis, however, did not urge the name of hla candidate until it waa found that the delegation was dead locked on other candidates who had been before It. Then he brought in the name of McCourt and the delegation united on him. . Well Known to Hawley. McCourt attended Willamette univer sity during the time Congressman Haw ley was at the head of that institution. Ho was therefore Well Known to that member of the delegation. Senator Ful ton was a senator in the Oregon legis lature while McCourt was in the lower house, and the Pendleton man therefore was known to him. Since that time both men have been close together do Uitlcally, though McCourt has never been an adherent of any faction. Senator Bourne knows McCourt only by reputa tlon. Yesterday morning Senator Fulton at tempted to call a meeting of the dele gation to consider the district attorney appointment. Senator Bourne and Con gressmen Hawley could not attend the meeting, Dut later it was arranged mat McCourt should be recommended, and the delegation united In making the recommendation. Previous to this meet ing Senator Fulton and Congressman Kills had called upon the president, who had urged that some action be taken at once. Following the presentation of the united recommendation of Mr. Mc Court's appointment the delegation called upon the attorney-general to urge personally the appointment of their latest selection. It is believed that President Roosevelt will send the nom ination to the senate Monday and that Senator Fulton will ask immediate ac tion by the senate on the nomination. pointment to the new position be ur ill alsj reed aaalnst him. More far-reaching. however, than either of the other two points Is the close friendship for and association of McCourt with the various men In Umatilla county who are supposed t be interested in the Umatilla land fraud transactions which have been partly in vestigated. It is not contended that the new candidate for the office is in any way personally connected or asso ciated with these deals, but it Is urged that he might be Inclined to deal len iently with the defendants should in dictments ever be returned against soma of Umatilla county's prominent men who are supposed to be tangled uf with the Umatilla land scandal. Kay Oct on List. It seems to be a question of debate, therefore, in the minds of those who have been following the fight for Bris tol's Job whether the depaxtment of Justice will clear McCourt after Its usual Investigation, or whether he will be added to the already long list of those who have been passed by. W. C. Bristol would not discuss the appointment of Mr. McCourt. "I ki; 1 pol ths bitterly fought contest to aa aaa. CITY LACKS GOOD FIREJPIICE Public Buildings Put Up With Very Little Law to Regulate Them. Portland has no ordinance requiring doors In public buildings to swing out ward save In the special theatre ordi nance which stipulates that all exits swing outward. A special committee of the council Is engsged In the work of drawing up a building ordinance to replace the present antiquated statute and no pro vision thus far has been made In the new measure to require public buildings to be equipped with swinging doors that open outwardly. When the matter was called to the attention of the building Inspector's of- nee this morning, Assistant inspector Dobson said the committee In charge of the work had not yet made Its report and that numerous details were yet to be added before the ordinance is lven to Uio council for passage. Mr. Dobson said that the committee would hold Its final meeting shortly and that he would call the attention of the members to the provision making it necessary for owners of public build ings to equip their structures with doors, swinging outward. There is even no ordinance requiring the doors of school buildings to swing outward and this will also be put into the new ordinance, as will a section re quiring that all doors leading from the rooms to tne nans in tne scnooi ouiia lngs open into the halls. Chief CamDbell said that he was un able to visit all the buildings In the city to see whether the fire escapes are blocked and admitted that he was not provided with sufficient help to attend to this matter. Assistant Fire Marshal Roberta Is suonosed to aid Chief Camp bell in watching all buildings equipped with fire escapes to see that they are not blocked and to attend to a general supervision of the public safety provis ions of the city ordinances. Although Mr. Roberts visits many buildings in all parts of the city and has had opportunity to- see all the de fects In the present regulations against danger, he has so far as known never made recommendations asking to change the present ordinances. The councllmen also have had oppor tunity to visit public, buildings, but so far as known none has ever attempted to Introduce an ordinance requiring owners to eoulD such building; with doors swinging outwardly. The matter win De taKen un wnen tne committee preparing the new building ordinance meets and the question of quired by the school board. In these strict orders have been given that all doors should be left unlocked at all timea I believe that order la bain vvivrvwi mruugnoui mi city. "It has been reported that a few days ago during a Are drill one oolumn of pupus was marcnea agaWist a closed door, found to be locked, and that the lanitor naa tne Key and was out of the building at ths time," Mr. Rlgler was IOIU. Orders Are Btrjot. "What school was that 7" aaked the neaa of the city system mat was at the couch school, but tnere are reports of similar happen ings at some of the other schools. "No report of any such happening has been made to me from any school. I have heard nothing of it It may be that from some circumstance the prin cipal of the school wnere the occurrence was. If It took place, did not make a report of the matter out of sympathy fo the Janitor. But it should have been reported. The orders about keep ing the doors open are strict." "If it was found that the doors of any of the schools had been kept locked, what would happen then?" Mr. Rlgler was asked. "i would Insist on the Immediate dis missal of whoever was responsible for the neglect." was the answer. Professor J. Burnham, principal of the Couch school, says that one day re cently the upper door leading to the fire escape, or outer stairway of the building, was found to be locked dur ing the course of a fire drill. This was the flrst time on record that such a thing had happened, however, he says, and will be the last so long as he is connected with the school. found Door Locked. "Some time ago," Professor Burnham said this morning, "It waa found during a fire drill that the small door leading onto the outer stairway on the upper floor of the building was locked. This was the first time during the history of the building that every door leading from the building was not open during all the time the pupllH were in the rooms. On this morning the Janitor neglected to unlock the door, but since that time he has never failed, as I have made It my especial duty to sea to It each morning before school opens that every door Is unlocked. "Even with the door locked, however," Professor Burnham continued, "there would have been no danger in case of emus rme: CUPID'S TEETH ', Ten Tearful Wives Heap Ice on Litlle Cherub's Baro s Skin. ' flra. Ths door Is double, both halves opening out and 1 can push It open with on hand when It is locked. It would not hsve stood as a barrier had It been necessary to open It. "There wa no uneasiness at ths time, as has been reported. In fact, as a usual thing, the outer stairway Is not used In the fire drills, but on this oc casion I sent the column to the door leading to the outer stairway tn order to accustom the children to changes in ths order of march, for fire pays no attention to routine drills. When the found to ba locked the chil dren were turned back Into the old I unfolded, the assembly of wives and Ten to one was ths ratio of wives to husbands who were unmsted In Judge Bronaugh's department of ths circuit court this morning. One other mere man appeared as a complainant, but : there was a point of law Involved that caused the court to take the matter under consideration Before granting a . decree. ' The story of forlorn wives ran ths scale from the well-to-do to ths pov erty stricken, from those who were beaten and cuffed to those who were left alone to fight out the battle of existence. Until long after the noon hour the details of marital woe were Channel and marched out with the rest in wnnA nniar There was no uneasiness and In my belief there would have been no danger even naa mere oeen a. Htfx Can Open Trom Inside, Tha doors are double doors, opening out onto ths stairway and ons door Is hsld by bolts above and below on ths inside. The other door locks Into the first. It Is possible therefore to open ths door from the Inside by pulling these bolts back even without a key. , 1 J .1 . i. f.nlth. S,MM A B.10O, 111 JUBIIUV IU HIV jwiuui, nnu, to sar that he never leaves the building exoept for sbout 20 minutes each morn ing for lunch, or when sent away by mvaelf. He Is continuously on duty. I am now personally making an Inspec tion or the doors every morning, so tnai there will be none of them left locked so Ions; as I am connected with the building." There Is at least one school In Port land where there Is little danger of repetition of the recent Cleveland holo caust. The lives of the 600 little chil dren In the big grammar achool at Ar ista are protected from danger by fire by every precaution human Ingenuity has been able to devise. The new build ing, which has been occupied only a few months, represents the latest ad vance In school building construction. The corridors are exceptionally wide and there are two broad stairways with but one turn In them. The .three exits, dou ble doors which open out, permit eight children to Walk abreast without crowd ing. Dont Stop for Books or Wraps. Principal W. M. Miller has been un usually diligent In devising the best for mation for nre drill and In accustoming his 600 little charges to 1L At the be ginning of each term, when the pupils hange rooms, they are carefully In truded to form quickly and orderly and re put through the drill several times on successive days. After that a drill is held at least onoe in two weeks, al ways without warning to either teachers or children. The doors of the building are never locked. The principal looka to this the flrst thing every morning. In caae of Are a few of the older boys have the special duty to dash ahead and push open the doora The pupils are In structed not to stOD for books or wrnm aa It has been shown that this causes unnecessary confusion and dftlay. In a drill this morning, which Prin cipal Miller held without the slightest previous notice, out of courtesy to a representative of The Journal who was present, the entire building was emptied of Its 600 little children In 68 seconds. The occupants of the lower rooms were out of the building before Mr. Miller had ceased to ring the electric gongs. There was not the slightest confusion, crowding or breaking ranks. It was the orderliness and quick precision which showed careful tretaratlon mraln.t mium uanger, TIL FORD LEAVES . COIN FOR WATCHES ECCENTRIC LAWYER'S WILL FILED how tha h, wl Si ft .P""1"1 thoroughly threshed out ATLrSi'i. ?2''y.AP: and it is expected that proper regula- that, according to my invariable rule. fin,if,!?VhIdn?flnnnr.P Q be 1 have nothing to say." was all the I lncludea n the ordlnanc- comment the district attorney would maae on trio suDject. Ex-Senator Simon. C. M. Idleman, sx-attorney-gencral, and other attorneys all express Pleasure at the recommendation of Mr. McCourt and say he Is a capable, well qualified and proper man for the position. He Is spoken of by all those who know him as an aggressive fighter, a successful prosecuting officer and a good lawyer. The following SDeclal dlsnatch from Pendleton, Mr. McCourt's home city, shows the position which he holds in me esieorn or his rellow townsmen: "Pendleton. March 6. This rltv la pleased with the honor bestowed on John McCourt who has been recom mended by the state delegation In Wash ington for the position of Tnlted States district attorney for Oregon to succeed W. C. Bristol. Mr. McCourt does not like to discuss the recommendation tr his appointment until he has boen fully apprised of it by the delegation and has been placed In a position to look over the work that Is nhenrt of him .t.a quire some knowledge of the task that has been set for him. "Mr. MoCOUrt is a VOIinir man hoi.. only 35 years of age. He hns. however had much experience with Wnl ncroi and his friends believe that he will mnko very competent prosecutor." DUNBAR WILL ESCAPE ARREST Court Orders Former Secre tary to Show That He Is Not in Contempt. ' The past life of John McCourt Is to be subjected to the same searching lnvesti gatfon and probing that has been ac corded to the men wno nave been men tloned for appointment aa United Stated uisirici attorney, accurmnir io tne Be lief of those who have been connected In one way and another with the did trict attorney tangle. Already old things are being dragged Into the light which it is argued will be ajralnst Mr. McCourt when his record comes up for its microscopic investigation. McCourt was a member of tho legls- lature in 1898 and 1S99. and was there fore in attendance both at the special session of the former year and the reg ular session oi tne latter date. During the rirst session convened by the proc lamation or uovernor Lord, Mcuourt supported Joseph Simon for the United States senate and cast one of the votes that elected Mr. Simon. During , the regular session ne supportea tne Turner Oliver beet sugar bounty bill, which was one of the hardest fought measures of the session. He opposed the measure at first, but upon its final passage voted with the affirmative and made possible its passage by one vote. He also introduced a bill providing for an assistant to the attorney-general, which measure passed. McCourt was subse quently appointed assistant attorney- general, by D. R. N. Blackburn, then at-torney-aeneraL and KervoH in that canity until he moved to Pendleton. i.-e?XXinfs to he bel,e of thso who 11 J?Ui?.wi; the United States attor- h. y,.Jflii the"f t"1"?". and others, will Mr Mt!:faln.,,J1 .tS appointment of Twh0 ui l.,,'" barged that tha i, I?,rver bni w" Iniquitous r"r ? appropriating money outof UrtMlrI to be paid as a bount cultivati-r?'"' w"1? ongage la the rYuM f sugar beets. T wn i,tS?"5 tnat the" championshlt, of a aiiT?;?1 tnL" r the creation and his subsequent ap- DUFuR GRANG FOR E STATEMENT NO. 1 The Dallee Or., March t. The fa mous resolutions adopted by Blue Moun tain grange in February regarding State ment No. 1 have been Indorsed by Ram sey Park arrange of Dufur. The reso lutions are as follows: "Whereas. The Order of Patrons of Husbandry have always Indorsed the principles of electing United States sen ators by a direct vote of the. people, tuererore De it 'Resolved by Blue Mountain grange and we mutually pledge each other that we will not vote for any candidate for the legislature who will not publicly oiedee nimseir to vote in tne legislature for tne people s cnoico tor unuea states senator first, laet and all the time; and be it further Resolved that we mutually pledge each other to use all honorable means to defeat any and all candidates for the legislature who refuse to publicly pledge themselves to this proposition or in any manner equivocating oy giving a mean ingless pledge which can be construed differently from tne broad and simole pledge of supporting the people's choice for United States senator first, last and all tha time and be It further "Resolved that we recommend to our brother patrons over ths state that they unite with us In carrying this principle utiu uowa in tne primary election law to the end that this cherished principle of electing United states senators by a direct vote f the people, which our or. der has advocated from Jts foundation, teined." U Intents and purposes 'bs a - (United Press Leased Wire.) Ealem. Or., March 6.' Judge Gallo way this afternoon made an order di recting that former Secretary of 8tate F. I. Dunbar appear in the circuit court and show cause why he should not be punished for contempt of court. The affidavit filed by Fulton, Dunbar's at torney, today, to the effect that the fee books had been burned was not valid, because It had been written in the third person. Fulton has declared his. intention of carrying the matter to the supreme court, and when the matter is called on March 18, will be prepared to furnish the bond aet by Judge Galloway, it hav ing been agreed at today's session of court that the former secretary should not have to undergo ths Indignity of belnsr arrested. Immedlately after court convened this afternoon a postponement having been made this morning owing to Fulton's Inability 1 to arrjve from Portland In time, an affidavit was presented by Fulton and signed by Dunbar stating that the memorandum books showing fees collected had been burned.' Attor ney McMahon, for the state, after ex amining the document, called the court's attention to .Jtfce fact that it was not an afudavlt, us Dunbar had referred to himself throughout as the affiant," and that if he had perjured himself they would not be able to prosecute him, as he had not made a legal affi davit. Judge Galloway ignored the re ply of Fulton, and severely censuring the attitude of the defense in attempt ing to keep evidence from the court, ordered that Dunbar be brought to the witness stand, and in a stinging rebuke to S. A. Kozer. Dunbar's Audit- clorU for evasive and equi Vocal answers, ordered him brought to the witness stand again and "given another chance to testify to the truth, and the whole truth, as he was sworn to do." THOMAS CAR STILL ALL BIVALS (United' Press Leaxd Wire.) Salem, Or., March (. The last will and testament of the late Tllmon Ford was admitted to probate today. The es tate consists of real and personal prop erty In Marlon, Lane. Multnomah and Washington counties to the aggregate value of $166,760. The estate Is divided among his five iurvivlhff legal heirs uuiislstlnj of Dr. Angle L. Warren, sister, Portland; Frank M. Ford. Rochester. Montana,, and Charles D. Ford. Seattle, brothers, and Mrs. Lulu M. Marquam, Eugene and Mrs. Minnie Cox, Portland, nieces, and 42 other relatives and friends. To 39 of his most Intimate friends he set ssldfi $125 each with which to pur chase a gold watch and chain or a dia mond ring or pin as they prefer. He bequeathed $1,000 each to the Wil lamette university, sacred Heart acad emy and Chemeketa lodge; I. O O. F., $600 to Olive lodge, I. O. O. F., and $300 each to the local Y. M. C. A. and W. C. T. U. He also directed that a $4,000 vault be constructed in Odd Fellows' cem etery for the reception of his remains and those of his relatives and $500 for a new gats ana lence ror the cem etery. The following named persons were bequeathed a gold watch and chain of the value of $125. William Waldo. Judge H. H. Hewitt, Judge George H, Burnett, Judge W. B. or Portland, . Benton Klllln. Gilbert nev. f. a. luiiant. Jonn m. MtNnrv Charles L. McNary, M. E. Pogue, R. J. Hendricks, Millard O. Lownsdale. E. E. McKlnney, K. Hofer, Fred Fontaln, Frank Davey, Frank Toeves, M. L. Jones, Laurence J. Harris, W. T. Slater, A. C. Woodcock, W. R. Bllyeu, Thomas N. Ford. Frank M. Ford. Charles D. Ford. Dr. Lulu M. Marquam, Mrs. Min nie cox. unaries m. uox. John Reynolds. attorney of Portland, Frank T. Wright man, Dr. W. A. Custlck, Eugene Ecker lem. Frank Talklngton. T. T. Geer. James McEvoy, Michael McEvoy, Lewis Tarpley, Portland, W. M. Kaiser and sis ter. L. warren. witnesses filling nearly all ths available seating spaoe. Mrs. Myrtle Hunt, a milliner, who artfully dropped - remarks about hsr coachman, her maid, and har servant In former days, said that hsr husband put her to work In his stors In Minneapolis . two weeks after they were married, In UI7. She worked five years, much of ths time whsn she was unwell, ahe aald, , and her husband frequently abused her la ths presence of customers and ' clerks. Onoe tha cashier stepped In to Srevent her husband from knocking hsr own with a chair. Wora Xlred Olrl's hoes. George T. Hunt, the husband. Is a hat manufacturer. Mra Hunt's mother supported her testimony and said that the temper of ths husband made It so unpleasant that It was difficult to stay In the house with htm. She said her daughter was forced to work when she' was ill. Once she had to ao to ths stors when her feet were so sore she was compelled to wear the shoes of the hired girl. Judge Bronaugh decided that she was entitled to a divorce. Jealous rara ovar an unmarried rural mail carrier ended the married life of Maud M. Mansfield and James FrM Mansfield. They were living In the country near Jacksonville, Oregon, the wife testified, when her husband ordered the mall carrier not to come to the house and required her to go two miles ror me mail, sne naa xo waia me rail road track, she said, and her husband next began to suspect that Shs met Uncle Sam's employe on the wsy. At another time when two men were passing on bicycles he thought they were stealing a few glances at her. she said, and he threatened to shoot them ' if he saw them again. Hubby Xjost Mia Tong-os, Married In England in 1880. James J. Hooper sought to be freed from Ells Hooper, who has preferred to remain In "the old country. Hooper is a gray bearded man with a resounding voice, In which he told of having written to her to come to America and of her re fusal. He said he sent her power of attorney to dispose of their property ard ahe realized nearly $2,000 from It. It has been 16 years since he has heard from her. Judge Bronaugh did not grant the decree, leaving the matter open for further elucidation of the point as to whether the husband's emigration to this country might not be construed as desertion of the wife. Because her husband would stay around the house for three weeks at a time without speaking to her, Mary A. Carey obtained a divorce from H. II. Carey, to whom sho was married in 1897. About once a month he would have a pouting spell, she said. He slammed the doors so orten that none of them would lock, he would not pay the bills, and he would neglect to pass the food at the table. Once he kicked her out of bed and took all the covers himself. When she would try to make up. she said, he would repulse her ann tell her he would be good when he got ready, and not before. rreassoat la Two Flaces. , Mra Ida M. Beaton testified that S. J. Seaton, whom she married in Grants Pass in Mav. 1805, soon acquired a habit of sitting around the cigar stores and playing "freexeout," while he left her to freeze out at home. He deserted her in April, 1806, shs said. A decree was granted. - - Maud Foulds secured a divorce from Peter J. Foulds because he took to hard drink and could not be reformed. They were married In Westminster. B. C, In 1881, and about a year afterward, she said, he began to maks life miserable 'In broken English. Mrs. Barbara Hef ner, a native of Russia, told her story of abuse. Shs said that the meanness In the nature of her husband. Jacob Hefner, is developed by his libations of raw alcohol and tea. This was his regular drink, she said, and It Inspired him to go on the warpath. The Hefners were married in Odessa, Russia in 188, and have eight chil dren. The decree was granted. Sow of Whisker Bottles. Mra OtrrlA Morgan, who married Thomas W. Morgan In Tacoma in 1881, an id hnr husband failed to give her money for clothing, and ho cursed her when she called attention to the array of empty whiskey bottles In the house. ens received a aivorce. d waa names, aouiv mnguasw nu threats were the allegations on which Mary A. tfneen securea a aivorce irora j John H. Sheen. They were married Irr May, 1905. 161 KILLED III SCHOOL PIC Twenty-Eight Unidentified Bodies Tally With Num ber of Missing. fruited Press Leased Wlre.t Grand Island, Neb., March 6. Still (United Press Leased Wire.) Cleveland, Ohio, March 6. The flrst funerals of the children who lost their lives In the dreadful Colllnwood dis aster will be held today. Mass for the dead will be Bald In St. Joseph's church tomorrow morning and on Monday morning general memorial services will be held In all Protestant churches. Several bodies have been taken to other towns for burial. A revised list of the pupils burned to death places the number at 161. with 28 unidentified. The list of missing tallies with the number of unldentiilea. Two teachers were killed. Berliri, March 6. The German press snarpiy criticises conditions in the United States as the result of the Col llnwood fire. The newspapers comment sarcastically on the cheapness in Which human life la held In the Jnlted States. FRANK GAKY ELECTED TO THE U. S. SENATE (United Prew Leased Wire.) Columbia, S. C. March 8. Frank B. UGary was this afternoon elected tooths United States senate on ths fourth bal lot - Printing Company Incorporated. Articles of incorporation of the Peo- .VI. UII1C& . . ..- the Tnomas car In the New Tork-to- P "lnun company navs been Paris racw arrived here at 12:30 o'clock filed with the county clerk; by George this afternoon and left two hours later K. McCord. R !p. Prebble and., Dana leading its closest rival by 200 miles, for ths west SENATOR mlLLER erars chest Oregon Solon Entertained by Commoner at Fair Tiew Home. (Speeisl Dlroatcb to Ths Jonrntl.) Lincoln, Neb., March 6. State sena tor Miller of Lebanon, Oregon, was the guest of honor today at Falrvlew. H attended the state convention at Omaha and accompanied William X Bryan to Lincoln this morning. Mr. Rrvnn in quired . particularly concerning condi tions in the northwest, and Senator Miller remained in confurenca with l.in. until lata this Ari.rnimn fii GARRY IS OUT FOR DISTRICT ATTORNEY (United Press Leased Wire.) oniom, jmo.wu u. ,v. x. jncuarry or Portland this morning filed his petition for nomination, to the offloe of district attorney for the Fourth district on the Republican ticket fhe announcement from Rnlnm that McGarry Is to run for district attorney comes as a surprise to many Republi cans who understood that the lawyer intended to run for the position of cir cuit court judge to succeed Judge Bronaugh. He ran for city attorney last year but Was defaataii in tn marles by John Kavanaugh, the pres ent Incumbent. McOarry has been In Portland, several y1?.r" a.nd,ha". mde many -friends who Will aid him In securing th. tSatv ro.l- For one, month her husband treated her kindly, Mrs. Mary W. Morgan said. They were married on the Fourth of July, last year, and late that month sne waniy 10 a nospiiai. seriously 111. She B&fa that Harvey Q. Morgan, the husband, then began to call at the hos pital and Indulge In all sorts of abuse, so the attendants were Inclined to throw him out. A dlvoree was granted. On the ground of desertion, Orace McMillan secured a divorce from J. R. McMillan. They were married In Port land September 14, 1896, and ths hus band left home 10 years later. In the year following their marriage, Harry B. Reed testified, Katie Reed left him without explanation. He said that he wrote letters, telephoned her, and sent friends to appeal to her, but she, refused to come back or tell why she left htm. The desertion took place' in Chattanooga, Tennessee, In 1903, and the wife has never been In Oregon. SWIFT WILL NOT CHANGE PLANT SITE A report that the Swift Packing com pany contemplates some changes of lo cation for a portion of their peninsula T plant Is not conf lrmeff. Officials of the. company said today that there Is no truth in the rumor, and that the prep arations for construction of packing filant, stockyards and railroads are go ng ahead as usual. The site for the stockyardi Is nearly filled to the re quired level. The packing house kite will be filled after the foundations are in place. ' Formation of the Kenwood Land com-' fiany, a Swift syndicate for dealing in anas, realty, and carrying on other op erations, is said to have no direct bear ing on tM location of the plant, which-.' has long since been decided upon. Workings of Wireless. J Saturday evening at 7:45. In the east' side library, corner of Eleventh and Alder streets, a practical demonstration of the workings of wireless telegraphy will be given. This demonstration will' bo given bv the Portland Aerolitlo so ciety, a society composed oi dqu 04 young men organised under tneagus. pices of the Portland public llbrry. Theremin, na no gamission onargsa and all are cordially invited to attend. , ;' 1 1 !. 1. u 1 aaweaajaa "i 1 . . Paper Chase Tomorrow. The Portland Hunt club will hold UaM Saturday paper chase tomorrow- after noon at SiSO o'clock, the start bain. 1 made on- Paxter avenue, lit RosemeviL aaaition. - ins nsrps wiu oe miss Kar erine Cronln and H. W. Skuse. Spec tons may mm me koss tjtty car, aiin i tion he is now seeking. ,:.1.;. ing ai nosemere aaamon. .. ;