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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 , ,