..
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. .. ;