The Oregon daily journal., March 08, 1908, Page 13, Image 13

x i
THE OREGON ; SUNDAY JOURNAU V PORTLAND. SUNDAY. MORNINO. MARCH : 8, .1808.
19
TO LIGHT MUCH GRAFT
Our entire stock of Ladies' Tailored and Fancy Spring Suits, Long and Short Coats, Silk
Shirtwaist Suits and Skirts to be sold at greatly reduced prices during this coming week.
I Vlli.. Ilr-. . . ' ; l'.-7 :'T ' ' " ' ... ..... ... , ? v., .
Review of Case Which Shows Lax Sys
tem Under Which Office of Secretary
of State Was Operated for Years-Poli
tics Play Imp6rtant Part
(Special Dlipatch to Tb Joarnal.)
Itltm, Mareh 7. The pa it week haa
bMn occupied with the iult of tha ititi
agalnat F. I. Dunbar, secretary of state
for eight years, brougnt by District
Attorney John. H. McNary and U It
WacMahon to recover about 1100,000 of
fees collected during bla terra of office.
It la charged by hla counsel, Clyda
Fulton of Aitorla, that tha ault la of a
political nature, and ho haa treated It aa
a persecution until he haa arouaed the
Ire of Judge Oalloway to that extant
that very aenaatlonal devaioDmenta are
awaited. A warrant haa been laaued
that will brlnt Dunuar Into court with
hla private records, or what remains
or mem, rur tne defense nas suegea in
an afildavu that the records were de
stroyed. The political feature grows
out of the fact that In 101 when Dun
bar accepted a renomlnatlon the plat
form of hla party pledged him to accept
a flat salary, and turn all hla fees and
perquisites received nndor some thirty
odd sections of tha statutea Into the
atata treasury. He was able to prevent
the legislature from enacting the flat
Miary law In the session of 1903, and
again In 1905. when he secured ' an
amendment to the flat salary law tre
venting tt going Into operation until
after his term expired la 190$.
. Disclosures of the Week.
The disclosures cf the first week.
which wore all secured aealnst vio
lent nrnieata on the nart Of l'Tllton. that
the trial was a farce and a fraud, which
Dunbar treated aa a Joke and Bought In
very way to dismiss and limit the .In
vestigation, were a aurprlse to the de
fense, and the case Is today attracting
more attention than any matter of lit
igation that haa come up in the history
of the state.
The evidence showe that during the
two terms of defendant he received and
retained more than $6.000, no part of
whluli was ever accounted for. This
large sum of money was received from
the following sources:
He filed 2.661 articles of Incorpora
tion for which he was allowed $2.50
each and 25 cents a folio for recording
each. The number of folios were 10,
fC. He lasited 8.R33 commissions to notary
public at $2 each and Bit trade marks
and brands at $2.60 each. For furnish
ing copies of house and senate Jour
nals and the senslon lows, for the use
of the Btate printer, he charged the
state 25 cents a folio, amounting to
lll.HM.7S. , . .
Seventy-four commissioners of deeds
were appointed ni z eacn mm ivi
mlsrellnneous rommlaslons Were Issued
at $ each. Ho furnished 7,1112 certi
ficates to agents of fire Insurance com
panies at $5 each and 3,759 licenses to
life Insurance agents at $1 each.
Remarkable List of Grafts.
Also 6tft annual licenses to fire and
' life insurance companies of which sum
collected he retained 40 per cent,
amounting to $21,200; 22S requisitions
lit $4 each; 76 registers of deeds. 1!6
powers of attorney. 21 certificates of
authority in Insurance companies at ffe
eacli; 3fi MatementB of Insurance com
panies at $10 each and 715 nnnual state
ments nt $5 each, besides other items of
minor importance, amounting in aggre
gate to quite a sum of monev.
The state 1ms been unable to prove
the sums of monev collected from dif
ferent persons end corporations for fur
nishing copies of public records and
many othpr things of which no record la
kept In tha office of tha secretary of
state. It la claimed that these Items
alone would aggregate mor than $J0,-
000 and only accounts kept of than waa
by tha defendant, who clalma to have
destroyed tha books and is tnereuy uo-
aiDia 10 proouoa intra, v
Tha evidence ahowad That tha defend
ant even charged tha atata for Issuing
requisitions of- the atata for a atata
prisoner, although these requisitions
were laaued by clarka who ware paid
tor tnat- worn py me state.
No attamot waa made to compel the
defendant to repay tha money collect
ed by blra for serving on different
boarda and commissions, so that even If
the defendant la compenea to repay me
$81,000 already proved, ha will yet have
the money for rurnianing copies, or
nubile record, etc.. and bla salary as
secretary of atata and aa a member of
different boarda and commissions
amounting In tha aggregate to perhapa
$9,000 for ma e)gru yoars or service.
Ualawfnl Beteatloa of race.
Aside from the law allowing the sec
retary of atata to retain feee In cer
tain Insurance matters, the rest of the
fee seotlons smuggled into tne Oregon
statutes to fatten the oiflce of secre
tary of atata rave him no specific au
thority to retain fees. They were elm
ply retained because the statute made
no disposition of them, while the leg
islature each year appropriated large
sums to pay the clerks lu that depart
ment for tne very worn n w muy-
posed to be collecting ine tees iur. in
law allowing him to retain fees and
the act of retaining fees were clearly
prohibited by the constitution In sec
tion 1, article 13.
"The governor shall receive an an
nual salary of $1,500. The secretary or
state shall receive an annual salary of
II too The treasurer of state shall re
ceive an annual salary of $S00. The
Judges of the supreme court shall each
receive an annual salary of $2,000. They
shall receive no fee or perquisites
hitvr for the performance of any
duties connected with their respective
offices; and the compensation or orn
cers, If not fixed by this constitution
shall be provided by law."
The other section of the constitution
provides that no person shall hold
more than one lucrative office. In the
following language:
Other Baling.
Vn norsnn holrtlmr a lucrative office
or appointment under tho t'nlted States
or under this state shall bo eligible to
a s-at In the legislative assembly; nor
j shall any person hold more tnnn one
lUCMllve OIIICOiBl me numa inn.
as In this constitution expressly per
mitted. Provided, that officers In the
mllltla, to which there Is attached no
annual salary, and the office of post
master, where tho compensation does
not exceed $100 dollars per annum, shall
not be deemed lucrative."
That the coming week will reveal
still greater divergence from the funda
mental law is the expectation of tho
state. In the trial the past week the
present secretary of state mnile a very
efficient witness lor the state, and
contrary to the reluctance shown by
Dunbar to come Into court. Secretary
Benson has dona all tn his power to
give the stain's attorneys assistance
In arriving at the amount, of fees that
were collected. The defense Is. laying
a foundation to take the matter Into the
supreme court, and the Oregonlan edi
torial of Friday is construed here as a
threat to make the higher court treat
Dunbar with lenience.
CRUISERS HOT
tip YET
Some Sharps Say They Never
Would Be Pillsbury
Himself in Doubt.
of the keel as between the actual draft
fore and aft.
(United Tress Leased Wire.)
Washington, March 7. Rear Admiral
lllabury, chief of the bureau of naviga
tion, tonight reiterated the opinion that
tha crulaar aquadron cannot go to Port
land because It cannot get over tha Co
lumbia river bar.
"Tha ahlpa I refer to when I Bay
cruleer aquadron, draw 26 to 27 feet,"
aald ho. "I have never heard of ahlps
of sucly draught crossing tha Columbia
river bar.'
Whan' tt waa recalled to him that the
Charleaton last aummer passed Over the
bar, he aaid tha Charleston drew not
mnr than ! to Is feet.
Inquiry among different officials at
the navy department develops, aa It
has been developed In every such In
stance in tha past, lank of agreement aa
tn the facta in uua ana similar cases.
Admiral Pillsbury adheres to tha view
he first expressed, although ha prom
ised The journal representative mat ne
would go Into tha matter exhaustively
Monday to ascertain tne exact vruin.
Another official aald the cruisers drew
something like 26 to 27 feet, and that
the water at low tldo on the bar waa
II feet at tha last report, with scouring
srolnar on all the time aa the result of
the lettv'a construction, so that w
the tide at eight or nine feet It seemed
Portland navigators say that the
navy department has some antiquated
rules In effect that would prevent a
United States war vessel taking on a
pilot at a home port. It Is generally
known and admitted that ocean-going
vessels are brought In.o the Columbia
river by Astoria pilots. The navy de
partment would, tt is Bald, bo absolutely
safe In sending Its cruisers Into this
harbor If it would, like nil modern navi
gators, take on local pilots to keep their
vessels In the ship channel.
Durlnf the last year more heavy
steamships than ever before have called
at the Port of Portland, and the num- (
ber Is Increasing every year, without i
mishap of any kind. In lust December
the Brllsh steamer Como went out of
this harbor drawing 26.8 feet. In June
last year the British stenmer Asset j
went out drawing 26.3. The British
ateamer Hyndford went out In May, 1
drawing 25 feet. There were many
tha Irish Monarch,
to him cruisers could safely cross the
bar, unless too heavy swells were run-
Ding. 4
He adverted to a possible mistake In
taking the record or tne araugnt or vea
sets, and accepting- what Is given as
"mean draft," as that does not repre
sent the actual deptn of water needed.
Mean draft' means tho average draft
Good Piano
SEE US MONDAY
f H ovenden-Sou le
' . Piano Co.
.Cor. Morrison and W.-Park Sts.
the Crusader,
Zi.Y.
Discrimination.
For years tha navy department re
fused to send government transports to
this port, and still persists In using the
port of San Francisco exclusively for
shipping or receiving troops destined to
and from the orient Troops leaving
Vancouver barracks, or destined to
them, have to take the long and expen
sive rail trip between Portland and San
Francisco, because of tha navy depart
ment's moss-grown prejudice against
the Columbia river. Yet one of these
transports, which for years was kept
away from this harbor on tha pretext
of insufficient water, la now running
regularly under the name of the Rosa
City, on the Una of tha. San Franclsoo A
Pprtland Steamship company, and does
not experience; tha allghtest difficulty in
crossing the Columbia river bar.
JPillabnry'a Deductions.
The Portland chamber of commerce
recently made application to the navy
department to have soma of the heavy
vessels of tha Pacific fleet sent to
Portland to participate in the Rose
Festival ceremonies. Th Journal's
Washington correspondent has been in
formed by Chief Pillsbury of the bureau
25 Broadcloth and
Worsted Suits
$20.00 values, special $7.50
$35.00 values, special $12.50
$50.00 values, special $19.75
Any Silk Petticoat.
$6.45
Black or colored, values
to $12.00. Special . .
All Umbrellas and Ladies' Bags
at HALF PRICE
$8.00 White Sweaters 93.95
mm
New Spring
Suits
Some of the classiest garments ever
shown west of New York arrived at The
Fashion within the last few days.
Every garment is of high
est character and all man
tailored. In order to insure the suc
cess of this sale we give the
greatest values in Spring
Suits yet offered in the city.
$75.00 values $50.00
$60.00 values $40.00
$50.00 values $35.00
$40.00 values' $30.00
$30.00 values $22.50
$22.50 values $15.00
Fifty
Black
Coats
BEST BROADCLOTHS
AND KERSEYS.
$50 vals., special $25.00
$35 vals., special $17.50
$25 vals., special $12.50
$20 vals., special $10.00
15 vals., special ..$7.50
New Spring Skirts
All the newest styles in Voiles, Panamas, French Serges and
Rajah Cloths at special prices.
$25.00 values, special $17.50
$20.00 values, special $12.50
$15.00 values, special $10.00
$10.00 values, special $7.95
Silk
and
Moire
Raincoats
ALL GUARANTEED.
$37.50 Moire Coats, spe
cial .: $18.75
$35.00 Silk and Moire
Coats, special.. $17.50
$25.00 Silk Coats, spe
cial $12.50
$20.00 Silk Coats, spe
cial $10.00
$16.50
cial
Silk
Coats, spe-
$8.75
SavS,' Vv'J. " iL,
Credit
Extended
to
Reliable
People.
mr fCJKruisnm street cor
Se I This Safe Starts
LleiWiTri
We-iT"-
Piivurie
rices
HEW GEVURTZ' '
PROPRIETOR ' ' . .
ALDER OPP OREQONIAN
All Fancy j
Silk and Net
Waist
at "'''ti
Half Price.
Monday,
Continues One Week 0n!y
Lb222
3S
in nraurn
a utn tui
of navigation of the navy department.
mat ne nas not vet received such a
request, but when it la referred to him
he "will rule lhat ,the squadron cannot
so there because cruisers canot net
across the Columbia river bar."
The last two years work of the kov-
ernment engineers b.as considerably
improved the bar channel, but an un
fortunate prejudice existing- between
naval and war department attaches ta
said to blind the navy department tn
many casea to the good that war de
partment men may accomplish In the
nternal Improvement. '
Juclffe Gantenbein Holds De
fendants in Conspiracy
Case Not Entitled to Sec
ond Hearing Overrules
Every Motion Made.
SHIBAZ RIOTS END
WITH. REVOLVER SHOT
(Hearat Kawa by tonfest Leased Wire.)
Teheran. March 7. Kavam El Molk
Shirazl waa shot dead In hla home this
moraine; at 8hlrax. This probably will
end the troubles In Shlraa, as Kavam
waa the principal cause of the discon
tent there. It la believed that, the
ahah'a courtlera are attempting to
charge ZIl Ush-8ultan, the ahah'a uncle,
with, being connected with tha bomb
outrages. The shah haa laaued a re
script to the minister of'Justlce to pro
ceed with the trlnl of tha manvtH
pfernons bhlnd closed doors.
Thla hna created auspicious comments
among the Anjoumens. who asked per-
imasiyp lue.aaBcmmy, ig assist ni
trial:
Judge Gantenbein in the circuit court
yesterday decided that E. E. Raddlng
and Mrs. Belle Waymlra are not en
titled to a new trial on the oharge of
attempting to blacken the reputation
of Mayor Lane. Attorney Seneca Fouts.
for the defendants, asked that the time
for sentence be fixed for as early a
data as possible, and the court named
next Tuesday morning at 9:30 o'clock.
As the offense is a misdemeanor, the
maximum sentence under the law is six
months In Jail and $1,000 fine. It Is
possible that the defendants may fur
ther postpone threatened Imprisonment
by appealing s the supreme courts The
defense appears to be well financed, as
shown by ability to furnish cash bail
of $1,000 for each of the defendants,
and an appeal is axpected.
John F. Logan, who took Jhe lead
In the examination of witnesses for the
defense in the trial, whs not present
in court yesterday. W. R. McOarry
tuid Seneca Fouts appeared to present
the motion for new trial, and were
primed for long arguments, but Judge
Gantenbein narrowed the ; field of de
bate bV Indicating that hla mind waa
made up on aevarai of ht points ad
vanced as reasons for a new trial. Ob
jections were made to the instructions
of the court, which McGarry said were
argumentative and calculated to give
the Jury the Impression that the Judge
wanted the defendants convicted. Mc
Oarry said that ha believed the court
had inadvertently placed emphasis
upon the lnstructiona offered by tha
state.
Had Considered Instructions.
Judge Gantenbein replied that he had
careruny considered tne instructions oe
fore riving them, and he did not believe
that any error had been committed. He
suggested that argument on that line
only consumed time, and that tha at
torneys for tha defense had best
address themselves to the claim of new
ly discovered evidence.
McOarry intimated that since tha
trial the defense haa learned a great
many things to the detriment of the
mayor'a conduct Patrick Bruin, the
former chief of detectives, was tho only
prospective witness named, but Me-
uarry saia mat women tenants of the
Hamilton building are ready to tell of
other incidents. He insisted that this
was material evidence, showing a line
or conauci tending to support Mrs.
Waymlre's accusations, but Judge G.i
tenbeln was unable to sen hnttr thi
could be brought Into the case. Aa to
Bruln'a evidence, which Is- aald to re
late to achnisslona made by the mayor
the court aald that would not tend to
uuujurs tn tunrgo at conspiracy.
Dan J. Malarkey, reinforced hv nt.
The Perfect Wfcman Is
Not a Fat One.
Artists aay the Ideal proportion of
weight In a woman la s
ovcry iooi 01 ner neignt. This would
make a woman of I feet 4 Inches weigh
09 o uuxiues.
If VOU Weiffh mora thn thl In nnw
portion you are on the danger line and
are likely to get too fat in a few veara.
Check It by taklnaj a teaspoonful after
in en i ana ai oeacime OT this recipe:
Half ounce Marraola. H ounce Fluid
Extract Cascara Aromatic and 3tt
ouncea Syrup Slmplb. Get the Mar
mola sealed and miv-Jt with tho other
lngredlenta at home. This vnlxturi i ff
harmless, will not crfuse wrinkles, and
haa been known to take off seven
lounda of fat a week without any help'
torn exercise or die-tins. It 1 inex
pensive - , , ,
JV-..'.' ."..,' Mki '. ..JV .'., (
trlct Attorney Manning and R. W. Mon
tague, sat ready to meet the onslaught
of the defense, and had a great stack of
legal lore In front of him, but the ac
tion of the court In curtailing the argu
ment rendered it unnecessary for him
to go beyond the skirmish line. He did
have one lively clash with McGarry over
the proposed testimony of Bruin. He
aald that Bruin was in court during the
i nai. ana Attorney ixgan Knew wnat
the detective chief waa willliiir to tell.
"He was here; why didn't you put
mm on-tne stand tnen ( he demanded.
"We did not know it then," said Mc
Garry.
"Tour colleague, Mr. Logan, knew,"
retorted Malarkey.
"Well, we will have an affidavit from
Logan that he did not know," said Mc-
uarry.
Mai
COUO IS
NOT
SOCIALIST
alarker returned to the charare. and
for a few moments both attorneys vo
ciferated at once. But the defense
did not succeed In Imnresslng the court
that Bruin's testimony would be ma
terial.
The court also overrule the point of
the defense that an error waa made in
receiving the verdict of the jurv in tho
absence of the defendants and their at
torneys.
UNION COUNTY PRESS
ASSOCIATION FORMED
(Special Dispatch to Tb Journal.)
La Grande. Or., March 7. The Union
County FreSs association was organized
here today. State Secretary Schiblrd of
Union county was present. The papers
represented were: La Grande Evening
Observer, La Grnnde Morning Star. El
gin Kecoraer, uregon scout, union
County Republican. Union; and North
Powder News. The officers elected are: !
V. C. Currev of the La Grande Ob
server, president; Mlsa Mollle K. Froeb
stel of the La Grande Star, secretary;
Miss Roberts of the North Powder
News, treasurer.
RETURNS AFTER TRIP
"TO OLD COUNTRY."
Edward Joseph, who has been travel
ing for F. Kavenbuseh Co. of Bremen,
Germany, "has" returned to Portland
after an extended trip through Europe;
Mr. Josertfi makes- his heaaauarters at
Altoona, Washington, - ,
Duchess of Marlborough De
clares She Is Making- Per
sonal Visit.
New York, March 7. "I am not
a socialist," declared Consuelo,
duchess of Marlborough, as she
alighted today from the Bteamship
Lucanla for a visit to her mother,
Mrs. O. H. P. Belmont.
The duchess was met by Mrs. Wil
liam K. Vanderbllt Jr., and Mr. and
Mrs. O. H. P. Belmont. William K.
Vanderbllt Jr. started to meet the
duchess In quarantine, Staten Island,
but missed the revenue cutter.
Although her name did not appear
on the passenger list, it became
known she was on board soon after
the- vessel left Liverpool. Although
the main object of her visit here is
to see her mother, it ia said that her j
main purpose is to continue her so
ciological investigations in the ; city
prisoas and on Ellis Island. .
When, the duchessw wsj . shown a I
dispatch from London to the effect
that she had become an out and out
Socialist,- she laughed; and quickly
"Ob, you mean the countess of
Warwick, not me." i ' ' ?
The counters , Varwick is men
tioned In the clipping, she was told.
J'She la mentioned &3 a coworker
of yours," she was Informed, where- v
upon the duchess denied that she was
a Socialist again.
When asked why. she "was making
the visit she answered that her com
ing was really personal and that, the
reason for it would interest no enet
NORMA MUNR0 TO
WED EARL, RUMOR
Foreign Dispatches Say
Will Become Wife
Yarmouth.
Heiress
of, t ,
Paris, March 4.- Tha all-absorbing
topics of conversation In the cafes to
day is the rumor that tha Earl of, Tar-
mouth, the recently divorced husband
of Miss Alice Thaw, sister of Harry
Thaw, is to marry Miss Norma Munro,
known on two continents and erstwhile
intimate friend of Mrs. Leslie Carter-
Payne. --f-. --.. .i .... -
Since tha annulment of tha marrlaga
of the English carl with Miss Thaw,
leavina? him free to ramirrv. annlntv
has been asking "What nextf In tha
announcement or tne approaching event,
aald to have been made by none other
than Miss Munro herself, in a letter tt
one ot her intimate friends, tha ques
tion haa been answered In a way that
will give an opportunity to recall, .tlia
varied careers of both.
JU18S Munro has been lfvlnar (n (hit
city tor soma time, but Is now thought
on m mviers wnero it la
to
thought the engagement toolc !.
The Earl of Yarmouth waa in ilonte
L,ano wa greater part or the sea"",
but has not been seen there ia the ut
tew days.
ma earl is known tn be f m n i ti
money, ao the report, that he t t
remarry is received here v.-i -,- r i .,.
credulity. No. one twUv t., li
now any considerable ixirtimi -i i.
fifth port of Mlrt'Tlmw'a .
was settled - upon tii a! t i '
hla- marrlaga to l."r. f '''
Munro at one-time lt;i,"i. I t
from her fnthr. '-an t :' ' '
who say that 'fie r-m.- '
tune I of s-1 tit r. . . ...,
tractive u l .ui..-,.. . . m
r