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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (Nov. 18, 1908)
THE DAILY JOURNAL, IS SOLD ON THE STREETS, OF PORTLAND AT TWO CENTS A COP m It Always Pays To Read Journal Wants You Get Results From Journal Want Ads The Weather Occasional rain to night nd Thursday; cooler tonight. .'.jj 30,579 VOL. VII. NO. 222. PORTLAND, OREGON, WEDNESDAY EVENING, NOVEMBER 18. 1908. EIGHTEEN PAGES. PRICE TWO CENTS. ShZSlit" cIS5 HENEY R TON nrm t ESOL DOWN TO Members of Oregon Bar As sociation Expurgate Res olutions Before Adopting Them Are Unwilling to Throw Stones. The Oregon State r.ar associitlon this morning lefused to so on record an ap proving the llKlit now being made by the citizens of Han Francisco to rid themselves of the grafters and boodlers that InfeM Hint Hy, and refused ' also to warn tin? lawyers of thin and other states against pra. ', ices which tend to prostitute and brinrT into disgrace the reputation of the l.'.w and the sanctity of the courts of Justice. That part of the lltncy resolution In troduced yesterday lev Ralph B. Filler dealing with those mc.tiers whs si vciely frowned flown by the luvt yer. an i the only i art of the rcsolut'on adopted was that ext ndiiiK to Mrs. Ilcney tin- eyiu ia!h of asM;r:;illiiii and to Mr. ll-'ney the hope of tin association fur his speedy rnnvi'iy. Only the last mentioned part of thn resolution :. mo to a yote. the other latiPe being severely t tc lx il that Mr. Fisher was compelled to withdraw It. The resolution piv. u to the secretary yesterday afternoon wnTT .'somewhat dif ferently, wonted. as rej;,tidH the last. paTt. tiinn. tlo- rirti"h .luajt rend by Mr. Fisher yesterday n. owning. The first part, which wes ndbTMed. was uu--chrmged, and was as follows: Be it resolvcfl hy the Ubcnn liar as sociation. That we fhploreand deprecate the violence offered Francis J. Heney on Friday. November Ft. 190.S. while a his post of duty, and do Jureby tender to Mrs. Henev our deep sympathy and to Mr. Ilcney our sinc-ore Wishes for a speedy recovery and an earlv resumption in person of the cas s which brought him into the danger from which he has suffered." The other half of the resolution wa3 revised to read ns follows: Wording la Changed. "Be It resolved that we commend the good citizens fif San Francisco for their determined stand for law and order, and in continuance thereof -bespeak for them and their fair city an early and effective riddance of the corruptors of justice anil the boodlers and grafters which have Infested their city; nnd "Thnt we acitnonlsh lawyers in this K'ate and elsewhere against the prac tice and Indulgences which tend to prostitute the high standard of their profession and ultimately bring Into disrepute the sanctity of the law and the courts of justice." Mr. Fisher called his resolution, up earlv in the session this morning and moved its adoption. The motion was seconded hj B. B. Bftkman. For a short time there w'ere no remarks on the motion and it looked as If It might go through without opposition. Rut this was only the calm that precedes the storm. President Montague stated that the suggestion had been made thnt the con stitution or the association roroias any commendation of a man while he Is nllve. Fisher Quoted from the consti tution showing; that this applies only to members or the association, ann Mr Continued on Kge Eleven.) F4ATURAL GAS IfJ bake r coomy TOile Boring for Artesian Well Albert Hindnlan Strikes Flow. (SpccUl Dlspsteh to Tne Journal. Baker City, Or., Nov. IS. A report reaches here today from Durkee of the discovery of natural gas. while boring; an artesian well for water, a half-mile above Durkeo on Albert Htndman's property. Albert Hlndman Is now slnkinft a well on his home place and Is down 808 feet. Jt la claimed that therV are oil Indica tions in a field a quarter of a mile from his place. ANOTHER EFFORT TO BALK JUSTICE v J. E. Harper, Said to Be Lathan's Attorney, Hur ries to Sacramento. (United PrcM teased ' Wire.) Sacramento, Cal., Nov. 18.- J. E. Har per 0 San Francisco, attorney for Alexander Lathan. Ab Ruera ex-chauffeur. -who wm captured In Portland by Detective Burns' agent, telephoned to the governor a office this moriilntc that he would leave Ban Francisco on the 10;f5 o'clock train. Harper will oppose the Issuance of extradition papers. Th hearing; will be held thla - afternoon upon HESITATE GRAFT iiarper arrival. CELESTIAL RESUMES A t.i A ' Here Is a Picture of the Empress Dowager of China, Taken About Two Months Ago. (Till ted TrrM Leiued Wire.) Teklngr. Nov. 18. The Great China bank today supplied a million taels. silver (about $500,000 American money) to the exchange banks, which have been In difficulty since the deaths of the dowager empress and the emperor last week. The exchange banks suspended payment yesterday because of .the wild rumors that a revolution was imminent, and also because of several runs, which were prevented by police from gaining much headway. The police prevented the owners of the exchange banks from escaping and the officials of tho Great China hank came to thqtr rescue today with money. The economic situation FOUR IN GRASP OF DEATH ANGEL Butte Men Have Miraculous Escape From Dynamite. Bomb Explosion. (Pixel! Dispatch to The Jonrnul.) Butte, Mont., Nov., 18. Four men had a miraculous escape from Instant death last night in a dynamite explosion that wrecked the Jewel saloon, one of tha largest resorts in the restricted district The bomb, concealed in a roll of cloth with a burning fuse, was drqpped over a transom In a room within 15 feet of another room in which the four men were playing cards. 1 The men noticed tn door of burning rags and thinking a fire had broken out, investigated. One poured a . pail of water over the burning rags and then went after another wall. Another pro ceeded to threw open the front door to otr the place while the other two went for a drink. It was then that the dynamite ex ploded. The men were hurled to the floor and 'blinded with flying plaster and broken hits of glass. The dyna miting is suppose! to have been a sequence to threats made against the saloonmen to prevent their testifying against an alleged burglar whose trial Is soon to begin. ACTION IS "The rxprcssicfns of the manufacturers now appearing in The. Journal regarding our home industries cannot fail to do good," said G. V. Weatherly of. the Crystal Ice & Storage company. "No doubt our people have often thought of the advisability of patronizing' home industries, and they have not done so to the extent th'ey should, simply because people are forgetful. It is necessary to have our j memories jogged up from time to time on important issues, and The, Journal's advocacy of this all-important issue will accomplish , results.- Good intentions are commendable, but resolutions without action is of no purpose. Roosevelt said 'promise are good but action is better. . .Not only know the part,, but act the part, and you J will .become a power in building-up the state. Let everyone re- solve to patronize homo industry-and then patronize home industry J and in a few years Oregon will expand far beyond our present J dreams. Industrial institutions are city and state builders." EMPIRE ITS CALM .fo c V..., .v.v W. is much better and it Is the opinion here that the financial crisis will soon be over. Toklo, Nov. IS. ljuln. the Japanese minister at J 'eking, today officially ca bled the foreign department that peace prevails at I'eking and that the new government officials are doing their ut most to adjust the affairs of govern men so that an uprising will bo avoided. All the Chinese students of both sexes here will take a week's vaca tion to mourn the deaths of the Chinese rulers. All the boys will wear a white band around the left arm and the girls will wear a white collar beneath a black outer garment. None of the Chinese will visit places of amusement for the week. DETECTIVE NABS BOXCAR THIEVES Captains of Organized Gang Believed to lie in the Law's Clutches. (Stwelitl Dispatch tn The Jforol. Baker City. Or.. Nov. IS. Special Agent C. E. Wood of the O. R. & N. has James Plover and George Howell in Jail here today, charged with breaking into boxcars and stealing merchandise. Thhty-slx suits of silk underwear and 13 pairs of shoes were found In their possession. It is believed that Plover and Howoll head a w ell-organlied gang of thieves, which officers have been trying to capture for some time. Kach man was bound over to the grand jury In the sum of J500. IN BED WITH CwTJX; LEAD-FILLED ANKLE (Spectsl nispntch tn The Journal.! Forest Grove, Or., Nov. 1. Oren LaCourse, 12 years old. while playing with a revolver this morning; in bed. shot himself in the ankle, inflicting a bad Wound. Me Is a son of Nelson La Course, a local merchant. MECESSARY 16 FOR COLUMBIA ASKED Government thigLjwers' De partment BecoMmeiuls to Secretary of War Appro priation' of $1,014,000 for Coming Fiscal Year. Recommendations to the secretiry of war from the engineer's officii for ap propriations under the rivers and har bors hill were niado puhli" in Washing ton this rtfornlng. and Include gratlfy Ingly large amounts for the work on the upper Columbia river, and ft sum suffi cient to cover tho expense of completing the Jetty at the mouth of the Columbia. The appropriations of importance to Portland include $ l,fiiifi,(i(iu for The 1r11cs-(Y1I1o canal, 4'(,noO for im provements to the mouth of the Co lumbia, and JIM. 000 for work on the Columbia and Willamette between Port land ami tho Sim. Recommendations for the appropria tion of SI.RH.oou fur the improvement of the Columbia river1 next year will practically- 'insure the completion of much of the most neoihvi work now 1111 lor way. It menus that tho Jetty work at tho mouth of the river will he com pleted at once, provided the appropri ation passes. It al.so Insures the completion of the Celilo canal because with the $1,000,000 Ssked for by General MacKcnzie. chief of engineers, goes a recommendation for mnkinp the canal continuous pro ject so that future appropriations will no made as a matter of course. The recommendations of General Mac Kenzte are in accord with those made by Cohnel Koessler, lata In oliarga of the Columbia, river Improvements, with the exception that where Colonel Roess ler recommended an appropriation of $200,000 for dredging from Portland to the sea. the chief engineer has cut the appropriation to $104,000. This will mean that the Port of Port land will have to do its own dredging between Portland and Eureka, a distance of 64 miles, as It is claimed that the gov ernment appropriation will only he suf ficient to keep the river near Astoria dredged out. Wltl Completo Jetty. A. I.. Upson, chief clerk in the off!o of Major Mclndoo, present head of the United States engineers office of Port land said today that the $4i0.000 for the Jetties would complete the work there. "Within the $1,000,000 now on loind this 1tirt,000 would complete the work now being undertaken there," jjald Mr. Upsen. "As soon as this work is com pleted, however, there arises the ques tion of the north Jet. which has not as yet been provided for. "There will be plenty of time for rec ommendations for this Jetty, however, before the completion of the work now on hand so that recommendations can be made to have the Jf-ttv Included In the rivers and harbors bill for the con gress aftr the one that Is to meet next month. "The $1,000,000 for The Dalles-Celllo canal will carry on the work there until June 10, 1910. But the recommenda tion carries with it the provision thnt it shall be a continuous project which makes It merely a perfunctory act to appropriate money for the work out lined each year. For the dredging work between Port land and tho sea we had asked for $200,000, but this amount was cut down to $164 0(10." With reference to the recommenda tion of the chief of engineers for ap propriations for the various projects on the Columbia river, C. F. Swigert. (Continued on Page Eleven.) FEDERATION I TO 1ITE1USE Rumor at Denver That the President Will Extend Special Invitation. (United Press Lensed Wlre.i Icnver. Colo., Nov. IS A report was circulated here today that President Roosevelt would send a special Invita tion to Samuel Gompers and the mem bers of the executive council of the American Federa;ion of Labor to dine with l.im and discuss matters relating to labor legislation before he sent his message on labor to congress. The invitation, if one has been sent, has not readied Denver. The morning proceedings of the fed eration convention today w'ere given over chiefly to Jurisdictional contests. An acrimonious debate was precipitated by the report of the committee on ad justment, which suggested that the dis pute between the international associa tion. of machinists and the elevator con struction workers be referred to the executive board for final adjustment. Delegate Feeney bitterly protested against this action and James O'Con nell, president of the machinists, re plied with the declaration that he had been charpocb by his own association with "laying dwn." whereas, he had really doie his best to prevent the bringing ltto the convention of the dispute. 1 "But If these people want trouble, we art here t,o, give it to them," ha shouted. A resolution urging; every labor union In rfce United 8tat to hold a special celebration in honor of the Lincoln oen. tenuiil in 1909 was adopted by unani mous vote. -t - MYSTERIOUS PERSONS COME TO LATHAN'S AID Ex-Senator Gearin Received Message From San Francisco Day Before Ruef s Chauffeur Was Arrested-Prisoner Tele phoned to Attorney When Arrested "Pressure of lep;al business makes it impossible for mo to take Mr. Lathan's caso," said Jlr. dearin this morning. "The day hrforo tlio ar rest was made I received a telegram from San Francisco asking me to art as Lathan's attorney. Up to that time I had never heard of the man and did not know who he was. Tho telegram gave me very little information and until I received a telephone message from Mr. Lathan yesterday morning advising me thnt he had been placed in the city jail and wanted to see me, I was in the dark as to why lie was wanted In San Francisco. "I called at the Jail and had a brief Interview with Mr. I.athan, during Willi h I explained t-o him why It would be impossible for me to take the case. Ho expressed bis Intention to resist ex tradition, hut aa to who is to represent him, or as to whether or not ho has re tained another lawyer, I am not in formed." NamM Not Revealed. Mr. C?earln added that ho was not at liberty to give the names of the persons who had telegraphed him on Lathan's DAN R. MURPHY TO HELP LATHAN Until agents of the prosecution in tho San Francisco graft cases reach Port land with a fugitive warrant for the prisoner's arrest, no steps will be taken to secure the release of Alexander S. Lathan. who was taken into custody by the local police yesterday at the request of the authorities In the hay city. I.a than was Abe Kuef's chauffeur and was Indicted for bribery In connection with his former employer. It Is alleged, tor the purpose of Insuring h-ls presence as a witness against the other defend ants. 1 As was told In The Journal yesterday, friends of I.athan telegraphed ex -United States Senator John M. Gearin of this city to represent the fugitive chauffeur in the courts here, hut Mr. Gearin this morning said that he had been com pelled by pressure of business to (io dine the rase. Last evening after an interview with Mr. Gearin, Lathan tele graphed Attorney I 'an R Murphy ask ing him to take the case. Mr. Murphy contented to do so and will represent the prisoner when the time comes. Lathan takes his arrest coolly. He denied this morning that he had left San Francisco to escape testifying against Ruef. lie asserts that VS. U. Hums, the defence who Is working tip the evidence in the graft C3ses. kept him dancing attendance on tho court so constantly that he whs unable to make BOY HURT WITH flrlti-il Pr.. l-n.1 Wire Vancouver. Wash . Nov. IS Taking his fathers powder-horn, pouring a pound of powder into a newspaper, wrapping It tightly and winding it with a string. John Ueako, sged 1 1 years, son of Charles Deako 'if Sara, then leaned over Ills creation and applied a march. The explosion blew pieces of the news paper, leaves, dirt and powder Into his tes. blinding him. burning his face badly and knocking him senseless to the ground. The Injured bov was brought to this citv ami placed in St. Joseph's hospital. ir A II. Sw i'nv a specialist. Is attempting to save the eyesight of the young amateur manu facturer of fireworks. There i.s a slight chance that the doctor may be par tially successful. 01 "STATE YAS BETRAYED AND PEOPLE FOULLY DEALT WITH Time was when the Orcponian believed and-declared that a legis lator's pledge U his constituent'; should be absolutely inviolable. No language was too severe to express its condemnation of legisla tors who- failed to kc?p their verbal rrornUf; to vote for a. specific candidate for United States senator. Read what the Oregonian said editorially, February 25. LS1).-: It was the general opectation ana imenuorvnen tne icgisia- ture was elected that Mr. Dolph would be returned to the sent-- ate. ' t "THE STATE" HAS H F.F.N" BETRAYED. THE PEOPLE X HAVE BEl'.N FOULLY DEALT WITH. THERE, HAS BEEN .- FLAGRANT BERFIUY AND DELINQUENCY; IT WOULD t BE HAZARDOUS TO ATTEMPT A PREDICTION OF' THE CONSEQUENCES UPON THE FORTUNES OF. INDIVIDUALS-' t AND PARTIES IN THE STATE," . , " 2 . I behalf, but said they were unknown to him. Mr. Genrln has long been known as a jpeiUfinal friend of Mr. Honey, and the I fact that the matter of defendinir an alleged member of the Ruef gand had been placed tn his ha oils occasioned some surprise among members of the Portland har yesterday when The Jour nal published the news tn a special dis patch from San Francisco. "You may say for tne," said" Mr. Gearin, "that my feeling toward Mr. Hem y Is unchanged. I buve always had the highest admiration and respect for him. Mr. Gearin was asked regarding Lathan's rights under the law, and said: tXp to Governor. "The matter Is wholly In the hands of Governor Chamberlain. Ho can Krant or refuse extradition, as he may see fit. Had I.athan applied to the state courts for a writ of habeas corpus yes terday, he would have been released at once, but the police would have been at liberty to rearrest him on the spot. Therefore It is probable that Mr. Lathan's lawyer will advise him to await tike arrival of the fugitive warrant from San Francisco. This warrant can then be attacked in the courts, and the mat ter of its sufficiency judicially deter mined. It Is usual for tho governor of a state to follow the ruling of the cuurt In such cases. "If habeas corpus proceedings are not begun, and tho papers from the sister state are sufficient on their face, a governor will usually grant extradition papers, though it is optional with him." a living, and that he left San Fran cisco in order to free himself from un welcome espionage and get a permanent Job. Lathan says be went to Denver, and later to New York. Finding no work In that city he decided, he says, to return to the const, und chose Portland as his destination. Asked regarding a rumor tht the de fendant In the graft cases had made It an object to him to remain in Chicago, i.athan said he had received no Instruc tions from San Francisco, and as a mat ter of fact had remained but two hours tn Chicago. Lathan's wife, who is In tho City with him. visited him In the city Jail this morning. Lathan has been living at 286 Tillamook street, and been working most of the time slmV he came here. Extradition will be opposed by Dan R. Murphv, attorney for Lathan when the 8an Francisco authorities show their hand, according to the lawyer. At the present time nthtne Is known of what the future legal moves will be. "I do not know wliat I will do." said Murphy this morning, "and will not un til the Pan Francisco people show their hand. Just now everything is up in the air. If thev charge Lathan with an ex traditable offense, we will fight extra dition. I expect that some definite move will probably be made this after noon, after which I will know more about what I nm going to do." LET ELKIS ACT BE SETTLED Washington, p. C. Nov. IS. It Is In timated that the government will offer as its chief reason for preserftinir a wilt of certiorari to take the $29,000. 000 Standard (Ml case to the supremo court the necessity for cn exact Inter pretation of the section of the Elk Ins art r latlng to the publishing and fil ing of rates. The supreme court seldom Interferes with the lower courts except when questions of interpretation of laws are Involved In the case of rate filing, it will be arsned by the government coun sel that courts In nine Judicial districts hive rul.-d conflicting! v nnd railroads now tijv do certain things legally In one district, though the same acts would be illegal In another district. 1 . . 1 .1 , WOULD STICK 10 PLEDGE E City Attorney Kavanaugh, -Republican, Says Pledged Legislators Are Under a Moral Obligation to tho People. John P. Kavanaugh, city attorney and a Republican of unquestioned standing and sincerity, contends that the mem-; bers of the legislature who subscrioed to Statement No. 1 are under a moral obligation to carry out that pledge t the letter. Were he a member of tha legislature and so pledged, Mr. - Kava naugh says, he would carry out his pledge without swerving in the slight est. Moreover he holds that the pledge Is not tn contravention of the federal constitution and that the North Dakota decision does not apply to the Oregon law. "The North Dakota law requires A legislative, candidate to sign a pledga that he will support the successful sen atorial candidate of his party. Tha signing at the pledge Is obligatory, while under the Oregon law It is dis cretionary with the candidate," said Mr. Kavanaugh this morning; in dis cussing the fjuestion. . "The decision of the supreme court of North Dakota Is clearly sound, as there is no authority to require a can didate to take such a pledge. A'volun- tary pledge taken by a candidate has no legal torce. If a candidate takes a pledge in this state there is no legal obligation to carry out the pledge. It Is only a moral" obligation. "You ask my opinion concerning vio lation of such pledges by legislative candidates. 1 will answer that by say-, Ing that If I were a legislative candi date and took the pledge to vote for the popular choice for United States senator, I would carry, out my pledge to mYmm me letter. Judge Lawlor Allows Ruefs Friends to Be Present No Change of Venue. (United Press Leased W!r. San Francisco, Nov. 18. Fewer guards about the court building than . have been stationed there since the at- tempt to kill Francis- J. Heney last Friday appeared at Carpenter's hall this morning when the trial of Abraham Kuef. ex-boss of San Francisco, was -resumed at the place where, it was In terrupted by Haas' attempt on Heney's life. Judge Lawlor. who vesterdav denliwf all motions for a change of venue, has issuea oraers mat any or Kuef friends nre to be allowed in the court room and that there is to be no limit placed upon the number except the capacity of thsj court room. Attornoy Hirara, Johnson wanted the court to stipulate lust how many of Kuef's friends could attend the. mi", uui ine court rerusea 10 up so, -Judge Tells Jury to Porf rt It. At the beglnniner of the trial JndarA Lawlor admonished the Jury that no attention was to be paid to the incident or r rtuay arternoon. The "transac tion," he declared was entirely outside the Issues in this trial and no attempt was to be made by the Jury In the case to fix the responsibility for tbe shooting of Heney. The Judge told the jury that Henev was shot by a man named Haas who had since taken his own life In the county Jail and that Heney was out ef danger. The judge admonished th Jury that only the facts directed to the charge in the complaint upon whlt.ft Ruef was being tried could be consld- . cred in determining the question of the - Kinir nr innnifnc4 nr rna I arnni unT Oallag-her on the Stand.. "Rig Jim" Gallagher, leader of the . boodling supervisors, took the stand for cross-examination. He had already told the whole story of graft on direct -Miami nation by Heney. The first question asked by Henry. Ach was as to whether Gallagher had talfced with the new attorneys for the prosecution. Gallagher eald be had st- tended a conference of the attorney for the prosecution and that they had given him a copy of bis testimony at tho last tria!. Ach led Gallagher over Ms enttr period of acquaintance with each of tne members of the boodling board 01 super visors who are to be witnesses against Ruef. He inquired minutely when Gal lagher bad met thm and if he hud ever heard Hilt their reputations' tor hones tv were bad. , ' ' He wanted to know If Gallaghsr knew th-.t Kuef was the political boss of Hun I Frani inco before tbe board was elect!, Gall.:gher replied that Kuef was. 1 )n several occasions Ach- Interrupted 1 the witness with tbe statem'ntt. thnt ut ...... I ..... n ir I Ail. , JlKaMnl his testimony at former trials. The court instructed the attorney, that thin w Improper. There. Is more: decorunuiieing main tained at the Ruef trial than at m y time since (be trials have bn i progress. -' , Ach failed t break drtwn Oallmri-r In his testimony given on direct ,.yo Inatlon, In which he had decbir-d t, . f. Ruef controlled h union lahtr . -veniion that nominated the boo,)';' .,' board. . v-W ' 1 GaHaghe told Of Ittiefa sttecnrt control the ' Repobli"n r-.' ,. tUm and prevent tho in i f r ,i , with the Dnvit-ratst mi 1 s , labor ticket. , HF MAD Ill u . . -. I .... ,. ' - . . - - . - ' v Z - .