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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (Nov. 17, 1908)
THE PRICE OF ALL-EDITIONS OF THE DAW JOURNAL IS 2c A COPY ON THE STREETS AND AT THE OFFICE It Alaya Pays , . ' ' ; ' To Read Journal Wants You Got Results , j. From Journal Want Ads .The weather Rain tonight and Wednesday; - fresh, southerly . winds. JOURNAL CIRCULATION ' YESTERDAY WAS - . 30,741 VOL. VII. ; NO. 221. PORTLAND, OREGON,- TUESDAY EVENING, NOVEMBERS 17, 1908 EIGHTEEN PAGES- PRICE TWO , CENTS. ; iTAXDlrv cxtriZ run MY mm.. BAR ASSOCIATION TO BE PUT TO TEST Graft Prosecutor Will Probably Receive Endorsement From Oregon Attorneys, i But Some Fear Other Influences May Prevail at Tomorrow's. Meeting , HENEY RESOLUTIONS OREGON BAR (. . : i Be It resolved by the Oregon Bar association, That we deplore and deprecate the violence offered Jrancis J. Heney on Friday, No vember 13, 1908, while at his post of duty, and do hereby tender to Mrs. Heney our deep sympathy and to Mr. Heney our sincere wishes for a speedy recovery and an early resumption in person of the cases which brought him into the danger from which he has suffered.- " .- Further be it resolved, That we admonish all lawyers in this state and elsewhere against the practices or indulgences whiehfonduce to such tragedies, and we commend the citizens of San Francisco for their determined stand for law and order and we bespeak for them an early riddance of the boodlers and grafters which have infested that city. - The foregoing resolutions deploring the recent attempt to assassinate Franr eta J. Heney .tn San Francisco, were In troduced by ftalph B. Fisher, by request this morning at the opening session ot the annual meeting-ot ths Oregon Bar association. Mr. Fisher saying that if they did not meet wtttr too loleiit-wrt,j test, lis would urge their adoption to morrow when they would be taken up In the regular order of business. Mr. Klsh'er'a Intimation that he. feared there might be opposition to the reso lution Is not thought to be Justified, and the chances afe that it will bs adopted. For reasons well known Mr. Heney Is not liked by some members of the Ore gon Bar association. , He was opposed tn a considerable number of them in the land fraud cases, and sdhne of them have suffered more or less from his ...ilw wnrm (.. mnA tiltlnar itarrakMm. Nevertheless, Mr. Heney has many good friends among the lawyers of this State, and his efficiency and undoubted courage have won him the respect of some who dislike htm personally If the adoption of the resolution is opposed, it will probably be upon the ' ground that the rules of the associa tion forbid the eulogising of any man who la still living, and. as one of the .lawyers put it this morning, 'Mr. Heney Is not yet a dead one." How ever, if there la any suggestion of a eulogy in the resolution, it is only, by Implication. . . A' Aside from the introduction of the Heney .resolution, ths feature of the THE GOVERNOR'S THANKSGIVING PROCLAMATION In pursuance of a time-hon- ored custom the president of ths United States has set apart Thursday,, the 18th day. of No- vember, A. D. 1908, as st day of national thanksgiving. Therefore, I George E. Cham- berlatn, as governor of the state of Oregon, do proclaim said day w . as a legal holiday and recom- mend its general observance aa one of thanksgiving. The people of this common- wealth have much to be thankful e for. We axe prosperous and nappy, and the ilia which have 4 .in the past afflicted some of our sister states have passed us by. A beneficent Providence has given us a fertile soil and a delightful and hesUhful climate. Our very mountains, besides furnishing a landscape unrivaled for scenic- beauty and . grandeur, are clad perennially with an abundance of splendid forest and bear With in their bosoms a wealth of mine and mineral. .The seml-arld ' re gions are being made to bloonv and blossom aa the rose and are furnishing homes to , thousands of sturdy, men and women. - ? All these are the things that make for a better and higher 'civilisation and promise ever brighter hopes for a greater' Ore gon, ? " -, ' ': - - -- Let us therefore suitably ob serve the day aet apart and re pair' to our usual places of wor ship there to render thanka to the ,. Air-Wlae Ruler of the uni verse for the manifold blessings we enjoy.- A;. : '" In : testimony wbfflwf I have! hereunto set mynand and caused Oregon to . bs hereuntW, affixed. e this sixteenth day of . November, 108. - . "; -J:; 1 v.-- J 4 GEO Jl. CHAMBERLAIN. , V (Seal) v . Governor. - Attest: M :' ' " i""'."e F, W. BENSON.- v; -J ' . ;; Secretary of 8tate. ' ' TO BE ADOPTED BY ASSOCIATION J 1 first session of the annual meeting Jof the Oregon-State Bar association thla morning was the address of President R, W Montague. It waa Interesting, humorous, at tiroes sarcastic, and dis played throughout a close knowledge of human nature, saaUoularlv.- in it. analysis of the reasons influencing i 3 T' 01 state in adopting or "'atlng tne 'various ' measures sub mitted to them at the June elecUon. Lack, of legal learning, carelessness in the preparation of measures to be submitted to the people for their ap proval; -Ignorance of the common rules or grammar and composition and fail ure to comprehend the motives which actuate - the people In passing upon submitted measures were some of the defects which Mr. Montague attributed to many legislators. Session Bnds Tomorrow. The meetings of the State Bar as sociation extend over tomorrow, and ?rrJ?i "ffi1.814 h courtroom of the United States district court The at tendance this -morning waa rather small, not more than 16 members being present Others are expected to ar rive for the. afternoon session, the out-of-town members not having reached the city xet. Secretary R. A. Lclter la out of the city, and J. B. Bronaugh was appointed by President Montague secretary pro tern. Following the reading by the praiiutmt 01 nia aaaress, the nrst ord or Business was the receiving of appli cations tor membership. Those wishing &rFB . w- w- wn The reports of committees were next called for. Treasurer Charles J. Bchnabel reported that during the. past year he received I41J.25 and disbursed (Continued on Page Three.) THERE WAS A TIME WHEN THE nnpr.nuwn nPiiFpn HnNFST UEH SHOULD KEEP THEIR WORD f In the days When the Oregoniatr believed that a solemn pledge voluntarily made by a legislator to his constituents should be ful filled, and when it believed that men should be as true o their word in public as in private jfe, it commented with great severity upon the perfidy of two representatives from Multnomah county who pledged themselves, in advance of their nomination and election, to vote for J. N. Dolph for United States senator, but who afterward repudiated this promise, The Journal ht no desire to bring needless and further discredit upon these two men, their names are omitted from the following quotations from an Oregonian editorial and they are designated as X and Y. Otherwise the language is unchanged. This is what the Oregonian said epitorially, February 3, 1895: "The people of Multnomah county are entitled to a plain state ment about the two men. who rrjisrepresent them at Salem, X and Y. The methods of their bad faith are very similar. Each solicited a place on the representative legislative ticket with the distinct understanding that they were to carry out the desire of the Republi cans of Multnomah' that Dolph should.be returned to the senate. X asked a friend to tro withhira to those who were influential in the councils of the party and who would inauon oi , candidates, a. saia io tncm. tnst ne wouia nue to uc named as one of the representatives, he would take it as a favor and an honor and would, if chosen, support Mr. Dolph for the sen ate. HE SOUGHT THE. PLACE, HE MADE HIS OWN PROM ISES AND PLEDGES MADE THEM VOLUNTARILY AND DISTINCTLY AND WAS SUPPORTED BY THE REPUBLI CANS OF. MULTNOMAH, AND BY NOT A FEW DEMO CRATS. UPON THE FULL UNDERSTANDING THAT HE. AS ALL OTHERS ON THE -REPRESENTATIVE LEGISLA TIVE TICKET, WOULD VOTE went to Salem, at the ooenm? of .contemplated betrayal of those who had. elected him. ' .' "Y likewise sought and obtained the nomination precisely as X. did, and pon the same promises, and all who voted for him under stood "ana oenevea mat mrougn for Doloh. It was the universal' Republican voters, and X and Y in accord with the purposes ot their party,' and THE PUBLIC WILLJtUDGE WHETHER THEIR TREACHERY, THEIR IN FIDELITY TO THEIR ENGAGEMENTS, AND THEIR BE TRAYAL' OF T.HOSE WHO ELECTED THEM. DO NOT DE- SERVE THE SEVERE TERMS OF CENSURE USED BY THE, j T m a UEtAY Dozier Files Supplementary Affidavit, Which Foolish Law PermitsDesperate .. Effort to Sa:e Arclj Graft erShameless Attorneys. (United Press Leised Wire.) San Francisco, Nov. 17. When the superior court convened this morning for Its second session since ths at tempted murder of Francis J. Heney, graft prosecutor, last Friday, the same military aspect marked ita deliberations. Abe Ruef, the grafter and ex-boss, on trial, was driven to Carpenter's ball In the herift'a van,-surroinJl-by a guard of" Ave detectives and five mounted' po lice, who rode beside the van to see that no attempt was made to Interfere with the prisoner. The crowd outside the building was kent mo Vina bv mounted . police and there was no disorder. When the Ruef wagon waa driven to the court building tne Douce lormea a line ana nepi ine crowd away until Ruef could be taken msiae. lawyers Tear Veopie. Henrr Ach and Thomas B. Doaler, Ruef'a attorneys, 'were driven to the court building aruarded by detectives. By express order of Judge Lawlor the courtroom was not allowed to be crowd ed and every one Was searched for weapona before be was allowed to en Thomas B. Dozier opened the court proceedings by filing a supplementary affidavit to support the motion of Ruef s counsel for a change of vsnue made yesterday. Attorney Hiram Johnson ob jected to the filing of the affidavit, on the ground that It waa stipulated that all evidentiary affidavits in support of the motion for a change of venue were to have been filed by the defense yes terday. aw Protects Criminals. Ruef s counsel opposed the objection with the statement that it was express ly stipulated by law and by the attor neys in the case that the motion could be renewed at any stage of the trial and that affidavits covering a period of time subsequent to the ruling of yester day's affidavits could be Introduced In support of the motion for a change of venue at any time. The court ruled that this contention was correct and Dosler was allowed to read his affidavit, which covered the time Xipm yesterday up to this morning The affidavit reviewed at length the proceedings 01 vesmruuj buu him that Rue? was In such danger of his life that he had to be driven to the courtroom protected by sheriff's depu ties. The affidavit alleged that Ruef was followed from the court to the Jail by a rnan who heaped vile epithets 01 him m.,A that the attorneys for the tn dieted ex-boss had been threatened with death tn several anonymous letters. Ruefs counsel were tired and worn out, the affidavit said, and Ruef could (Continued on Page Five,) have much to say in the nom FOR DOLPH. Not till after-4e-4 the sesaion. waa it learned that he W mm tney were casting tneir votes i expectation and intention of the knew it They made their pledges f EXTRA RUEFS CHAUFFEUR CAUGHT BY A PORTLAND DETECTIVE Man Wanted to Conned Links in Brib ery by Higher Ups Landed in Local Prison. A. S. Lathan, wanted In San Francis co In connection with the Ruef graft case, was arrested thla morning by City Detective Glen Howell. Lathan has a sweetheart In Portland. This became known to the authorities In San Fran cisco and the graft prosecution sent men to keep a lookout for the man. After the arrest a telegram from District- Attorney -W.- IV banr&on was re--celved by Chief UrlUmacher. which read as follows. "Arrest and hold A. 8. Lathan, wanted here for bribery. Papers are on the way." Lathan was seen at Fourth and Main streets this morning by Detective Howell. After Lsthan's disappearance from San Francisco several weeks ago de scriptions and photographs were sent STATE TEREST II LOCKS Stat Supreme Court Con firms It in Denying Elec tric Interest's Petition for Rehearing 5 Accounting Due State. ' (United Preas Leased Wire.) Salem, Or., Nov. 17. The statea In terest in the locks at Oregon City to the amount of 1200,000 was today con firmed when the supreme court denied the petition for rehearing in ths case of the state vs. the Portland General Electric company. This amount by to day's decision is ascertained by an" In vestment from the common school fund by virtue of an act of the legislature of. 1S70, which granted a like sum to the original oompany for the construc tion of the looks. Furthermore, an accounting is now due from the corporation by which the state will receive 10 ner oent of the net revenue from the locks 8lnceraS97. The sum will revert to the school fund. By the terms of- the original grant it) par cent or tne proceeas snouia nave ben paid to the state annually, but all that share which should have been paid before 1897 can never be recovered by the state because of the statute of lim itations. The case was decided in May. The way Is now clear for the Joint purchase of the locks by the Tederal government and the state, for which purchase the legislature has already ap- roprlnted $300,000. The locks will then e free to navigators. Other Decisions. Other decisions tcrtlay wers as fol lows: Effie E. Laing vs. Arthur Lalng. ap pealed from the court of Judge H. J. Bean, Umatilla county; affalrmed by the court. - ' Jonathan J. Thomas vs. Booth Kelly Lumber company, appealed from the court of Judge J. W. Hamilton in Lane county; dismissed in an opinion by Jus tice Moore. Coqullte Mill A Mercantile company vs. Alfred Johnson, appealed from the court of Judge J. W. Hamilton in Coos county: reversed in an opinion by Com missioner Slater. B. D. Coffey vs. O. M. Smith (three cases) appealed from the court of Judge Arthur L. Fraser in Multnomah county i reversed in separate oplntoos by Com missioner Slater. Baddlng- Petition. A petition containing several thou sand signatures, asking for the pardon of R K. Raddlng. was received by Gov ernor Chambfrlaln this morning. Rad dlng Is serving a six months' sentence 1b the"eunTy JatfTs Multnomalr conn ty. having been convicted in conjunction wih Belle Waymire of a conspiracy to blacken the character of Mayor Harry Lane of Portland. .Ths signatures fill 4T pages of legal?! cap. .. xne signers are memoers or me Painters' union and other friends of the prisoner. The governor - haa - requested, the judge and district attorney who were connected with Bedding's convic tion to forward the records of the case. Bomb Kills Three In Factory. ' ' Untied Presa leasad Wlr. Lorrent, France, Nov. 17. A bomb ex ploded today In the government school for the manufacture of Mgb 'explosives, killing three -attendants and i wounding several othertT EX to all the cities and the police asked to arrest the man If he was seen. Lathan was arrested, taken to the city prison and placed In an Individual cell on the third floor of the building. The extradition papers are expected to day or tomorrow wnen Lathan will be returned to the Bay city. iuDKce Press Loird WIre.t San Francisco. Nov. 17. Wnril w received iiere today by. Detective. WiU nam J. uurns-imt Alexander 8. Lathan, who was Ruefs chauffeur In the days of graft and who has been a fugitive from Justice since last January, was captured In Portland, Or,, today by two of Burns" men. He will be extradited and brought to this city. It is learned here that ex-Senator Gearln of Oregon has come forward as an attorney for Lathan and will fight extradition pro ceedings. Lathan waa the chauffeur who drbve DESERTER DIES ON AH ICEBERG Sailor's Body Found to Have Been Partially De voured by Beasts. San Franclscc Nov. 17. News of the tragic fate o a deserter who was lost on a floating Iceberg and eaten by an imals of the Arctlo region after he bad slowly starved to death was brought to this port today by the whaler TCar luk. Fred Morand, a Frenchman, Is the deserter who decided to risk his life on the trackless wastes of the Arc tic regions in November, 1907. Morand left the ship at Herschel and started over the Ice floes toward Daw son with a sack of stolen provisions he had secured before he left the ship. How far he was able to go in the northern country will never be known. Several days later his body was found on a small Iceberg by three natives who notified the inhabitants or Herschel Island. When a searching party found the body next day there waa nothing left but the trunk. LEGISLATURE S DUTY IS PLAIN Only Double Dealing and Political Crookedness Can Pre vent Election of Chamberlain Says James Cole, Re publican Leader Xorth Dakota Case Immaterial. Nothing short of plain crookedness and double dealing of the worst sort will prevent . the observance of State ment No. 1 pledges by members of the legislature and the consequent election of Governor Chamberlain to the United States senate, according to James Cole. Mr. Cole is the ex-deputy United States attorney who prosecuted the furniture trust, and otherwise made an enviable record for honesty and efficiency during his term of office. At the recent pri mary election he was one of the lead ing candidates for the Republican nom ination for district attorney and is well known and highly esteemed throughout the county. In discussing the senatorial situation Mr. Cole speaks plainly. He states In the beginning that he did not vote for Chamberlain, but did what he could to WORTHY "Your movement looking to the trie we think an exceedingly worthy one," said Dom J. Zan of Zan Brothers. "Our local factories are not receiving proper sup- 7 - tta- eVis.t m v vast. A1if v Ilea A s-v maa eel nafiftM ha product of eastern free labor institutions, but also penitentiaries. Not only .is our monejr sent out of our own state, but Out skilled labor is kept out of employment. ( , "Our. consumers seem to loose sight of these facts. There is nothing; that builds up a community as rapidly as -do manufacturing , industries. The' wdrking classes spend their money ; at jhome-the : ; more employed- the more money is put in circulation. 'Our , local V factories use just as good materials, employ the most competent A 1 i i j,.,. .w;,.u I ' favorably with the best Preference is only asked where price and :X .Joviality is equal Let our consurners always keep the above facts in, . n.ind and our manufacturing industries will" thrive, more, monej wilt J be placed in arcttlationMd pur city will grow rapidly., ... j f RA Ruef to the office of Tirey L. Ford, chief counsel for the United Railroads, and who testified to Burns that Ruef had come out with a shirt hx full of something, and had driven Immediately to the safety deposit vaults of the Western National bank, where he had deposited the contents of the box Lathan made an affidavit setting forth these facts and the prosecution luOda. that this- prvee that rVtrd gave Ruef the money-with which the bood llng board of supervisors was bribed. Lathan was put under the rule of the court and waa under ball to appear In court when wanted. whn he suddenly disappeared. Detective Burns charges that Lathan has been in the pay of the United Railroads and has kept out of the way for that reason. Lathan will be an Important witness In the Ruef case now on and in the cases against Cal houn and Ford of the United Railroads. IT (Lit TREPRCE E. C. Thompson, Arrested at Woodburn, Said to Be E. C. Haines of Iowa. (Units Press Leaard Wlra.t Salem, Or., Nov. 17. E. C. Thompson, declared by the authorities to be B. C Haines of Hardy, Iowa, and wanted in that state for embezzlement, was taken Into cuatody by the marshal of Wood burn yesterday and la now lodged in the county Jail of Marlon county await ing extradition. It Is alleged that Haines was entrusted with a large sum of money with which to build and op erate a creamery In Humboldt county, Iowa, but departed leaving those who advanced the money without recourse. Haines, under the name of Thompson, arrived In Woodburn about three weeks ago and haa been working aa a carpen ter. . He has been conducting a eor dbondence with a woman In San Fran cisco, which led the authorities to cause his arrest. Haines has a wife and several children in Hardy, iowa. prevent his selection as the popular choice of the people. Believing In the principle of direct election of senators, however, and convinced that any and all honest men should abide by pledges given by them to the people. Mr. Cole is emphatic in his expression that it is Sow tne dutv of the legislature to abide y the pledge of the majority of Its members and elect Governor Chamber lain on the first ballot Did jro Support Chamberlain. "I not only did not vote for Governor Chamberlain, but did what I could to prevent his election as the next United States senator at the June election, said Mr. Cole this morning in discussing tne senatorial question. 'Tne majority of the voters of- this state, however, expressed a desire to see Mr. chamber lain go to the senate, and believing that the people have a right to demand and '(Continued on Page Five.) MOVEMENT encouragement of nome Jndus- MDE77I ener LWULULLl LOSE CHARTER IF TRAINS mm Southern Pacific Manager WiU Pin Defense on Old Grant From Government on Condition Trains En ter City of Portland. That the Southern Pacific Railroad company haa no right to cease running trains on Fourth street even If It want ed to la the contention of General Man ager J. P. O'Brien and attorneys for the road, and, will be made the basla for a suit to restrain the city from prose cuting Mr. O'Brien and attempting- to stop the Fourth street trains from' op erating. . . - .... .... :. .,. General Manager O'Brien was arrest ed yesterday afternoon, charged with violating a city ordinance by operating th lna nf h U'Bnt CMa ,,1.1.. A the Southern Pacific through the city limita on Fourth street His case was set for trial November 10. The railroad company will ask for an Injunction to restrain the city from prosecuting him. in the same fashion that an injunction was recently: granted restraining the district attorney from closing the cigar stores and retail grocery and drug, houses. . ... .. . '' . , Xa4 Grant Boad - The Injunction will be based on two contentions fl rat, that the right to op erate trains on Fourth street was grant ed In 1869 and is not revokable at the will of the city; second, that the origi nal west aide line is a land grant road and that the government gave it ita grant on the condition that it run into the city of Portland. At that time the city of Portland centered near Frnnt and Stark and the old Occidental hotel; Little thought to the future growth of the city waa given at that time, and the railroad was supposed to- get into Portland the easiest way.. This was along Fourth street . It la now claimed by the compaay officials that if they cease operating trains over the Fourth street line their land grant charter will cease to exist Between letting this drop and breaking what they term an Illegal city franchise, they say they have a great deal or choice. Inasmuch .s the O Brlen hearing has' been set for November SO the railroad company has until then to file Us suit asking for an injunction; This will de lay the hearing or the case before Po lice Judge Van Zante Indefinitely. Mr. O'Brien said todav that tla onh statement he had to make in the mat ter was contained in a letter written Mayor Lane November. 9. . ,,. Point to Bloodless Tears, "Mv whole attitude throughout this affair haa been to avoid lklgatlon," said Mr. O'Brien. "I felt that It would only delay things and would be source ot trouble and expense both to the city ' and the railroad. The mayor has iwn in ia oearin now, nowever, so we will have to carry it on." One fact that the railroad officials Fiolnt to as proof that the Fourth street ine has not been a source of danger- Is that in all .Ue years of ita existence it haa not injured anyone nor had any kind of - an accident on Fourth street They also state that they are no more anxloua to operate heavy trains on Fourth street than the city Is to have them, because of the heavy grade and the expense of operating all trains with helper engines. In his letter to, the mayor Mr. O'Brien in part says: . . 'The company Is and was advised that it has the right under the laws of the atate of Oregon and tho ordinances of the city of Portland to operate a railway track and run cars thereover along the center line of Fourth street, from the south boundary of the city of Portland to the north side ot G street and aa much farther north as Fourth street mar extend or be extended and has the right to operate such railway -and to operate locomotives thereover. The. company was and is advised that such right can not be revoked by any action on the part of the city of Port land. Therefore,- when ordinance No. 1491 waa adopted the company ex pressly protested against the pamaage of the same and filed with the auditor (Continued on Pare Five.)' SUFFRAGETTES ' HAVE 111 DIES Could Pass Bill in House of Commons If Ballot Taken Now.- (United Pnas Leaara Wire., London, Nov. 17. A poll of ths bous of qpmmoni which waa completed to dw ahowed tha astonished nartv 1.1. ara that 4S8 of the entire STfi mt.rnK. ra have admitted that they are p!1k i support the pending bill for woman ! frage if it is brought to a final . before the end of the season, ,Th bllt IS" BOW "tied tin" lnf.rr .,' ' ire, aiuu nor wwnti rmmsT I'ui- : Influences were brought to -r - It there. The preax .ro of l i t , , Is urgid by the ornnilM-.. . , excuse for their 'failure t. . a .j ... , t m".re. ' The uphortrs .f !'- " . are conl'"i-.rtnr it- i . . r , - W h !' r ta ! . . suffrage aara! i . i , ,