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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (Nov. 30, 1908)
THE DAILY JOURNAL IS SOLD ON THE STREETS OF PORTLAND -AT TWO CENTS A COPY . To Spend Your Money To Best Advantage: , Fatronlze Journal advertisers. Read .the want'ads and display ada today ' The Veather Occasional rala to night and Tuesday; easterly winds.;. j VOL.VII.J.N0.2$2. j0f lpHI 1 1 PORTLAND, ' OREGON, ; MONDAY EVENING, NOVEMBER 30, 1908. -FOURTEEN PAGES. PRICE TWO CEBITS; SfjJSfUf?0 r. ty'XfT'1-- Y. ; V. Y'. .Y Y'.'V YY COURT KEEPS TRAINS OH FOURTH " DM s wsm mm m Judge Wolverton Issues Temporary' Order Re straining City Officials From Enforcing Ordinance. X The trouble between the . Southern Paclflo cqmpany and the city' of Port land over the ue of Fourth street by the railroad and which is prohibited by an ordinance passed In May, last -year., ha finally reached the federal court. This morning Judge Wolverton in the United States circuit court Is sued a temporary order restraining the municipal judge or any other of the city officials from attempting to en force the provisions of the ordinance. The Nil of complaint of the South ern Pacific company against the city of Portland was filed In the United State circuit court this morning. It Is a lengthy Hooument and covers the his tory of the granting of t ie original franchise the xlty eouncll in Janu ary, 1159. and goes Into detail of all the city and state laws with reference to the ordinance and of matters having any connection with the questions now involved. . City to Show Cause. In the temporary restraining order granted the city of Portland la riven until December 28 at 10 o'clock to show cause why a writ of Injunction should not be Issued as asked for by the couh cel for the railroad company. In the meanwhile and until further order of the court the Judge of the municipal court, the" chief of police, the mayor and other officers of tha pity of Port land, are restrained from attempting to force the provisions of the ordinance -which became effective November 15, or from attempting to prosecute those who are alleged to have violated the laws.. Permanent Order Asked. The bill of 'complaint also asks that later a final hearing be had and a the city of Portland from attempting to Inforce the provisions of the ordinance passed in May, 1907, and which became effective just a few days ago. The action taken by the railroad com pany this morning and the subsequent granting of the temporary restraining order by Judge Wolverton means that he cane or ine cuy against j. f. Brlen, general manager of the Har- rlman lines In Oregon. In the municipal court, will be continued until arter the hearing In the federal court. De cember .28.- Ontoome of O'Brlea.'a Arrest. Mr. O'Brien was arrested November It, upon complaint filed by J. P. Kav-anaugh- city attorney, charging him with violation of ordinance No. 1B.4M. which provides punishment either by a fine or Imprisonment for use of the Fourth street tracks by steam loco motives within the city limits. The or dinance provides for a fine of not less than (160 and not more than $600 or by Imprisonment ior noi more man months, or both aflns and a Jail seu- teThe bill of complaint alleges that the ordinance Is both unreasonable and In valid, and is a violation of the state constitution of Oregon which provides that private property shall not be tafcen for public use. Further, the bill as serts that If the requirement; of the ordinance were - carried into effect the io i:orvams. Dlnta on the 511 UM-Li PANAMA CANAL ZONE AND RECENTLY FLOODED DISTRICT 0000000000000000)3' TDCATV WMTU it rii ii inn i in ' I iiL.ni i mm JAPAN IS Boot and Takahira but Make Official the Agreement in Sentiment Already Exist ing, Is the State Depart ment's Statement. business of the company to Corvallls, fi.ut nmv, anit other oolnta on the line which enters Portland by means of the Fourth street tracka . would be in terfered with materially, all of which consists of interstate and Intrastate business. - Trains for 39 Tsars. For 39 years, the bill states, the com pany haa operated trains along the Fourth street tracks without serious in Jury. There sra 10 regular passenger trains and two regular freight trains dally which ars connected with hand ling the Interstate and intrastate busi ness of the company. The bill states that ths company has expended a sum in excess of $138,483 In laying the Fourth street track and in keeping up the Improvements, and that in every way has It complied with the provisions of . the original franchise, granted 39 years ago. . WOODRUFF OUT OF SENATORIAL RACE "Unlttd Pre Leaud fflrt.) Hot Springs. Nov. 80. Timothy L. Woodruff, chairman of the New York Republican state'comralttee. yesterday eliminated himselfjfrom the senatorial ace In favor of Secretary of State Koot. This action was taken after a frfernce with President-elect Taft, and was followed by statements-from both Mr. Taft and Mr. Woodruff. (United frets Led Vlre.) Washington. Nov. SO. The Japanese American agreement was signed at 5:J0 o'clock this afternoon by Secretary of State Root and Ambassador Tal hlra. Ths agreement Is in the form of holes, which were exchanged as soon as the signatures were officially affixed. The notes merely embody In conorete foftn the sentiments tnai n n inn time hv both nations according to a statement made at the state department. It waa found desirable. It la surmised, to reduce them torrltlng because of the erroneous Impressions created re garding the relations between the United States snd Japan. The text of the notes will be given to the public simultaneously at To klo and Washington tomorrow. TEAMSTER SLUGGED BY BOON COMPANIONS v Mat showing the Gatum dam In the Panama canal and the district re cently, partly flooded., Lieutenant Colonel Goethals, chief engineer of the Panama canal commission, be low. The report of the Panama com mission, is published' elsewhere in this issue. (Unite Frees Leased Wire.! Ban Francisco. Nov. 10. After a des perate flghi. with three footpads. Al Ryder, a teamster, was struck on the head with a blackjack, robbed and his body thrown into a canal early thla morning. His cries during the struggU were heard by Policeman E. F. Jackson, who rescued him from the water. Ryder is at the central hospital in a precarious condition. During the struggle the thugs se cured $50 but the victim succeeded In saving ISO which he thrust into an in side pocket. - He bad been drinking with the men before the attack and believes hs will be able to identify them. ASSASSIN'S TRL4L AGAIN POSTPONED (United Press Leased Wire.) San Francisco, Nov. 80. Again the trial of I. Wan Chaeng. the Korean who was one of the party that at tacked and killed the American diplo mat, Durham White Stevens, at the Ferry building last February, haa been postponed. At the last continuance Judge Cook announced that he would perm.lt, no further delay. The case waa forced to a continuance by the fact that Chaeng's attorney. Judge 'Robert Ferral. Is engaged In another important trial growing out of the graft prosecu tion. The trial Is now set for Decem ber X. ' , , y ALL WOULD BE BENEFITED ! in the X iner- & nre in' "Factories, and plenty of them, are" absolutely essential upbuilding of a community." said John Gardiner of Gardiner - Viggers, machinists. "We have plenty of raw material here in, Oresron that is available for manufacturing purposes,' but what we most stand in needXif is capital and the unanimous support of our people in patronizing Oreeon-made eoods. -How many people stop and think what this means to the people : of TSregon? Very few I'll ! venture to say. But this question of support of our local factories is the most vitat one that this community has to contend. with, and too much cannot be. said to. bring.this home to the people. Without local -made goods we would all be at the mercy of the-eastern manu- fucturer, which would mean higher prices and little or no competi tion for him. Wby not, thn, give your' support to the factories ' which have -established themselves in your state? They are cer- 1 tamly entitled to your patronage where-everythinglU-quaLinlprice, .i quality and delivery, and the individual as well as the manufacturer '., '.1 ' will receive his proportionate; benefit." ' ' . v - ' 4S f f 1 REiriSTRUCTIOfl oiiiy WAY OUT Until Legislators Are Rein structed a Pledge Is a Pledge, Says Wilcox. (Speclil Dispatch to The Journal.) Washington. Nov, 80. T. B. Wilcox of Portland today declared his visit here had nothing to do with the senatorial question in Oregon. He expressed the opinion that the question was now '"up to the legislature." ' "A pledge Is a pledge," he said, "and only reinstructlon from the voters could change the relationship towards the pending electlo- sustained by members of the legislature." He stated that he thought Fulton would be a better senator than Cham berlain. He regarded a member of the legislature as standing largely In the position as a manager of a business who might receive a change of Instructions from his brard of directors. "As regards Chamberlain, however, the only thing I have against him is his politics," said Wilcox. He refused to comment on his con ception of the duty of Statement No, 1 men. He held a prolonged conversation with Senator Fulton today. It now seems apparent that it is Hitchcock's purpose to permit the use of his name for Fulton, risking the re sentment of the Oregon people at offi cial interference In their affairs by out side men. PARKER PROPOSED AS ROOT'S SUCCESSOR Tacoma. Wash., Nov. 80. Governor Mead arrived here at noon today and Is holding a conference this afternoon with a committee of the Pierce cdunty legis lative delegation on the proposition of appointing Judge E. N. Parker of Ta coma to succeed Justice Root of the su premo court. It is believed here that Parker will get the appointment, though nothing definite will be known until after the conference. J MAGOON TO EXPLAIN CUBAN LOAN MATTER IC1tl Proa Leased Wlra.t Havana, Nov. 80. Provisional Gov ernor Charles E. Magoon . left this city today for Washington to explain the na ture of the proposed Cuban loan of $25,-000,000- before the treasury department officials. Governor Magoon, before leaving.- went', over - the matter with President-elect Gomes. ' , : NYSSA: BURGLARS ARE . UNDER HEAVY BOND Ontario, Or. Nov. 8,0 The Nysssbur- flars were examined before Justice King his ' morning. ; Merchant Hinsch identi fied the property found In their posses sion by his privates mark. John's 3nd was placed at $1000. Lloyd and John son's at i09 eh , "l " "Kv:""". ".' STEPS TAKEN IlgR Comprehensive Suggestions in Report of Conservative Committee Important -. Recommendations Made Needed Improvements. "" Probably ths most comprehensive and suggestive presentation of the PS sources of Oregon' and of the steps that should be taken for their conserva tion Is contained In the report of the commission appointed a few months ago by Governor Chamberlain, in pursuance or the plans inaugurated on a national scale by President Roosevelt. The Oregon, conservation commission consists of J. N. Teal, chairman; F. G. Toung. secretary; R. S. Boan, Austin T. Buxton. J. N. Hart. ('. S. Jackson. Will J. King, E. R. Lake, J. H. Lewla, Frank J. Miller, Richard W. Montague. C. B. Watson. J. R. Wilson. Wilbur K. Newell. J. C. Stevens. The- report of the commission Is con tained In a Drinted namnhlct nf lSIi pages, profusely Illustrated with views. maps and aiagrams. The scope of the report. Is broad and includes a review of the national movement for conser vation of the country's resources, a summary of the efforts that have been made for the improvement of water transportation In Oregon (including the government, work at the mouth of the Columbia), Important data relating to the water and statistics on resources of the state, a chapter on the state water laws, , the reclamation of arid lanfis. and the timber, mineral and fiab J.iar industries. . impgruni recommendations ior nat ional and state legislation are made and tae arguments are sustained by num erous citations and tabulated figures. This report will be submitted to the coming congress on the conservation of -national resources,- which is to meet In Washington, D. C, in December. ' Important Beeonunsndations. One of the important recommenda tions contained in the report is that there should be a separate federal de partment or commission having charge of waterwaya and represented by a cabinet orllcer. Needed Improvements f Oregon rivers, harbors and water fowers are exhaustively discussed and nils portion of the- report concludes with the fol lowlna- summary: "Summing briefly the pertinent fea tures of this discussion, we find: "1 A lamentable lack of physical data concerning the natural resources of the state. "2 The quickest remedy for this lack will be found in liberal cooperation of of the state with the federal agencies engaged in collecting inese uata. "8 The water powers of the state are enormous almost beyond comprehen sion, and are being rapidly monopolised through lack of proper lawa. "4 In the development of water aup ply, our best interests demand that the several uses or water Irrigation, water power, navigation, etc. be coor dinated and the relative merits of each emphasized In the construction of pub lip works. "6 A S foot navigable channel on the upper Willamette through a combination of artificial storage and channel im provement Is possible, and the value of tne additional water powers that would be Incidentally created Is sufficient to pay the cost of Improvement." Other Points. In line with these findings the com mission makes these recommendations: 1. We strongly urge the coming leg islature to increase the appropriations for cooperation with the federal agen cies engaged In collecting physical data on the natural resources of this state. t. We recommend the enactment of a suitable Water law, to the end that our vast water powers shall be protected from monopoly, and their development encouraged. 8. In the event of an inability to provide a more efficient system for the acquirement of water rights, we urge the auspensicn of the present law until suitable measures for the protection and use of our water resources can be agreed upon. The report deals at length with the problems arising from the laws now governing irrigation and the acquisition of water rights. In the opinion of the commission the office of state geologist should be created. In order to settle the vexing questions constantly arising over mineral lands. The conflicting fishery laws of Washington and Oregon are dis cussed and Joint legislation Is advised: First For the extension of the closed season, for operation licenses and penal ties. - Second Absolute prohibition of all salmon fishing from January 1 to May 16. Third Sunday closing during the open season. 1. e, 24, and better 30, hours. Including the whole of every Sunday, during which period no fishing shall be allowed. ASST. SECRETARY H.UpiEE Relative of J. P. Morgan Is Slated to Fill New- berry's Position. GOVERNMENT SENDS OIL CASE UP TO SUPREME COURT Si V ii asjsv....'' '.T ' lt. ' ? t ' ' I (Dnltrd Pmt Leased Wire. Washington. Nov. 30. rHerbert I Saterlee of New York haa been -tendered the post tr assistant secretary or the uavy, which will be made vacant tomor row, 'when ' Truman H." Newberry .becomes- secretary of the navy, gaterles is reputed wealthy. H is a relative Of J. P. Morgan. -:-:.:.v. Washington, D. C, Nov. 30. Another step In the government suit against the Standard Oil company of Indiana went on record today, when the counsel for the government applied to the su preme court for a writ of certiorari, thus bringing the famous rebate case before the highest tribunal. This is the case In which the court of appeals reversed Judge Landts' fine of 129,240, 000 against the corporation. The government in its petition for a writ of certiorari advances as its principal prayer the importance of an interpretation by the supreme court of the United States of certain clauses of the railroad rate law. It is pointed out that several sections of the Elklns law are not sufficiently explicit In view of conflicting court decisions and that the court of last resort should for the bene fit of all concerned take Jurisdiction of the case and give a construction which will be final and binding upon all in ferior courts. The . officials or the department of justice who are most closely-!, identified witn tne Btanuara ju suir nave inuna upon an examination of the-precedents that ths supreme court refuses to grant writs Of certiorari In cases decided by United States elrcut courts of appeal unless questions st 'issue Involve the interpretation of the constitutionality of the law. John D. Archbold at right and At torney for the Standard Oil - Com pany Frank Kellogg at the left. The government contends that under the rate filing provision of the Elklns act, which plays an Important part In the, Standard OH case, one circuit court of appeals may place one construction upon it, and another court in another circuit ' a conflicting construction, and that .it. la. possible that nine different constructions may come from the nine circuits. The complications that could arise have been used for their full ef fect in the petition of the government, and the officials of the department of justice are confident that the court will grant the request for a construction of the law. .- ', GAPTAIt TELLS HIS STORY Blames Annis for Leading We Astray During Ab sence in Philippines. (United Press Laf4 Wire.) New York, Nov. 30. Captain Peter C. Halns Jr., who killed William E. Annla, the magazine publisher, at the Bayslde Yacht club last August, today told his story for the first time, insisting that so far as remembering the tragedy it self, his mind was a blank. He declared it was his belief that he had never been at Bayslde. Annla he blames bitterly . as man who had broken into his home and taught', his wife to drink and smoke and Indulge in armv post orgies, wh'Ie he (Halns) was In the Philippines. Captain Halns said he did not credit the stories about his wife until he learned them from unim peachable sources. Then be taxed her about her deeds and she broke down and confessed not only that she had de ceived him, but that she loved Annis. When his wire sued him tor-divorce, said Halns, the charges she made were prompted by Annis. So terribly affected was ne ny tne aiieg-ed injustice that he lost his senses and for a time was not accountable for his conduct. SIMON IS NEAR PORT HO PRII1CE Government Troops in Panic and Inhabitants Flee : the City. (CnHed Press Letttd Wire.) Port au Prince, Haiti. Nov. 30. The advance guard of General Simon's army of Abels Is expected to arrive hers to day, and the greatest excitement ' pre vails throughout the city. Three- di visions of the government troops, under General Andree, encamped six' mile from the city, became -panic stricken to day, having lost faith In the strength of the government to cope with the revolutionists. Many of the soldiers have fled and are returning to- the city. Hundreds of persons have left hers after hiding jewels and valuables. In antici pation of the city being looted. ' Washington, Nov. SO. Reports from Haiti received by the State department today Indicate that General Simon is advancing upon Port au Prince with a strong force, A battle - is expected witmn 2 nours. - The government .troops are mutinous and men - hava been tied, together dur ing transportation. by water to prevent their deserting tha army. president Alexia la firm In his re solve to fight, despite tha' pleadings of rua caoinei.' - . The -cruiser Tacoma -Is' at' Port au Prince, and ths Des -Moines- is expected to arrive there today. - A meeting or the-fliniomatttrrorDs at the HaW4en capital was held, according to the dispatches, but the situation was not deemed such -as to call for action by foreign representatives. - , 1 ir tne insurgents reacn ins city, tney will' be warned that pillage, Incendiar ism and massacre , will not be permit ted. .-i : ''-,' s;j :" ,-:Y Yfcw--- -YvY..Y. x SEVEN DEAD III OKLAHOMA FLOOD Rivers of Section Continue to Rise and Many Per sons Are Homeless. (United Press Leased Wlra.l Guthrie. Olka., Nov. 30 Seven , per sons are dead, ' many are missing and thousands are homeless as ths result of floods in Oklahoma, Texas, southwest ern Missouri and southern Kansas. Rivers throughout this whole section are rising rapidly and the worst floods In years are expected. A constant rain of 30 hours caused the high water. Scores of rescuing parties are at work in various sections taking people from the upper stories of houses. Reports Indicate that heavy damage has already been done to property and much more la threatened. OFG? Workmen With Lighted Candle Search for Leak in Purifying. Apparatus in North End Plant and Find It Injuries Not Serious. While searching for a tiny leak In af pipe In the wash box of the purifying apparatus at the Portland Gas com pany's plant on First and - Flanders streets, this morning shortly before 8 ' o'clock, E. A. Harget and B. H. Meehan, two employes of the gas company, wera painfully Injured by an explosion of ac cumulated gas. One of the men was carrying a candle in defiance of orders, the officials of the company say, and the small flamo ignited the gas in tha chamber, caus ing an explosion which shook buildings for several blocks around and sent pieces of wood and sheet Iron ZOO feet into the air. The two employes,-whi were -standing on a platform directly under the super heater and about S5 feet above the ground, were shaken off the platform. Harget falling the full distance to -the ground, breaking his wrist and sustaining other minor Inju ries, while Meehan fell Inside a -corrugated iron wall and struck on several pieces of machinery before reaching the earth. Both were badly burned about the face and hands. . .. The explosion took place in one of tho ells of a pipe leading to the super heat er and was -at first -thought to have bean caused by overheating, but -Gen- : era! Manager Pabst' announced later that the accident was caused by the ig niting of gas. Tha company says that neither of ths injured men -had been authorised ' to venture on the platform. The company officials say that f ha. -damage is small, but that they will bai inconvenienced for a few days as a re-, suit of tha explosion. RDSSIA DEMANDS Kansas City. Mo.. Nov. 30. Hundreds of men are working today to control the floods In the southwestern part of the state. Hundreds of miles along the river banks, lowlands are reported to ba inundated. Spring river at Badger Is out of banks and threatens to flood the mines In the neighborhood. - Dykes are being built around the threatened shafts. Heavy loss Is reported near Galena. LEADERS' JAMES Attorney invokes Penalties for Contempt to Force Refugees to Answer. (tTotted Press Laad Wire.) - Chlcaaro. Nov. 30. Attorney. Rlsbr. counsel for Russia in her effort to se cure the extradition of Christian Rudo vlts on a charge of murder, will ask Federal Judge Bethea this afternoon for a citation for contempt of court against Martin Jurow. a witness, who refused to divulge the names of the Russian revolutionary committee. - If the citation is granted similar action will be taken against Lonsius Gorous and Adolph Herman, revolutionary lead ers and witnesses in the present case. Commissioner Foots, before whom tha cfee is being heard, has refused to or der the men to divulge the much sought names. Gorous, ' a former social . democratic leader of the douma. was on. the stand today.-. -i The feeling in tbe case has grown more bitter than ever since , a mass meeting yesterday at 'which America waa called on not to allow ths prisoners' return to Russia. , . . . . VOICE OF THE EASTERN PRESS . . -PLEDGES ARE CONSTITUTIONAL i From tho Washington. D. C.'Herald. , - ' . t ' A number of United States senators now hold their seats by virtus of popular elections In their respective states,-and the number Is shortly . to Be Increased. We have not the remotest Idea- that the question of the right of anv of these senators to repreaent hla state will be raised on ; the ground that he was unconstitutionally chosen, so long as he presents credentials showing that he was formally "chosen by - the legislature thereof." ... - The assumption that legislatures hava In the past exercised that free choice In the selection of senators contemplated by the - constitution Is wholly erroneous. Many a senator has come to Washington ' whose choice wss no more a free choice by tha legislature -than it was bjr the people. It was made, as every student ef political history knows, by . a cabal, or a machine, or it was bought outright, or. obtained through pavment of the campaign -expenses of legislators in return for pledgee of "enatorlal support, or through promises of place and pelf, or by, vari ous combinations of these methods. Political bosee wera- careful not to make the matter of the aenatorshlD an Issue before tha people; pledges were exacted and made In secret; ths legislature was bound hand SBd font, to some particular candidate before It assembled. To get rid of tha In evitable corruption of this method snd to give to the people the rightful ,: share in the choice of a senator, which they are supposed to have, when they elect the members of a legislature. the plan was devised of ul mltting the names of senatorial aspirants to a direct vote of the people and of pledging legislative candidates to support the popular ehol?a. This , haa nanitllv rlnna In nrlr nrimaries. but Oreaon has aone a Step T further-by providing-a method of selecting a senstor by a vote of all the , T people.. ao that the successful candidate must have a 'popular majority , T over his opponent and not merely a majority, over his opponent or ppo- , , J nents in hi? own party.. , '.-,, ; . . T And now It Is solemnly urged that this system.-because it contemplates X the subjection of the legislative will to the popular will. braua It A pledges legislators to act as tapir conuiorni vuw, i unwinmoironni, . X jn that the legislature does not exercise a free choice. It is perfeel'y . X constitutional for a legislature to obey. the dictates of a political boas or . X machine, to redeem pledges-made to a candidate and rewarded by-oaab . X or office, but when such pledges are mads to the people, the sourc of , X all political power, they are In contravention of ths constitution. Such . X an argument is its-own best refutation. .. . , , t The real trouble, with the primary system, from tha reactionary point of vlew. Is that It promises to bring to an end the representation of ape- cial interests in ths United States senats and restore a true rprenta- lion of the states, and tha whole peoP' thereof, conalatent boih win ..the letter and the spirit of the constitution. And unless the sasiimn- tion.ts correct that the-state electorates are-less tfuatwnrthv than t.i,i-. leal bosses and machines, the primary system . should be Wfl'-'-md a wholesome mtfvement for the redemption of sstorlsl -eleciimi. tm,, the. degrading influences that have swayed them In too many In-iar,, , We believe that ths hopes of its frlnds have already be.n r- ' ; in this, respect.. i. .. - . - - 1