THE DAILY JOURNAL IS SOLD ON THE STREETS OF PORTLAND AT TWO CENTS A COPY 3' : ORDER . YOUR ; f SATURDAY & SUNDAY JOURNAL ADS TODAY JOURNAL CIRCULATION YESTERDAY WAS 31.032 - 1 ft "4 .The weather--Rain tonight . and Saturday; southerly winds. yOL. VII. NO. 242. PORTLAND, OREGON, FRIDAY EVENING, DECEMBER 11, 1908 TWENTY-FOUR PAGES. PRICE TWO CENTS. Si JSJiiyP elutZ OR - SELL1N GRELL' MOSECUTES ft REM FOR j Eight Leading Restaurants Will Be Forced to Cease Serving Intoxicants With Meals Business May Be Rained. City Attorney Kavanaugh, on ,n" formation furnished by Xtty Audi tor Barbur, thi8 morning began the preparation of ' complaints against eight large restaurants for selling liquor without licenses. .He expects to file the complaints with the po lice department tomorrow morning and unless enjoined from enforcing the law by the courts, the police, he says, win at once serve warrants oi arrest on the proprietors. , This practically mean that the res taurants will nave to go out of busi ness If the council flow not see fit to grant their requests for liquor permit us their chief source of revenue is their bar vales. The cafes affected are the Quelle, Iouvre. Perkins. Richards. Turn Halle. Hofbrau, Tumwater and Jacob Relsch's establishment. !, artvtt'VM 4osass- Z.TP'' Cantr&rjr to' -th impression1 which naa . generally. preyAtled, these, , tight Restaurants" gTUl". Xn' whatever they may be 'called, hav never had restau rant Uauor licenses, and until the Cel1 lars ordinance became effective the owners never manifested a desire to procure them. Since, the passage of that law, however. It is thought that 'restaurant men decided to get a sec ond llauor license so that they could not be prosecuted for violating the women-ln-aaloons provision of the or dinance. , Having heretofore had only one bar for both the saloon and restaurant, a strict Interpretation of the Cellars law 'would find them lumy ,f,ll; women In saloons. To avoid this the w , - rt t-Aetniirnnt license ppucauiHin v .....-.. ( jrere made. ' tTnosrtain as to Xw. "I am not sure that I can have the proprietors of the eight places arrested under any other lawhah the Cellars ordinance," said the city attorney this afternoon. I do not know whether 'vthey can be prosecuted on a charge , Vof selling liquor without a license as well as for selling liquor In a restaurant without a restaurant license.' . City Auditor Barbur says he never made complaints against the restaurants before the passage of the Cellars meas ure because they had apparently com plied with the law. Having only one bar he thought that only one license fee should be exacted of them. The two grills that did pay the $300 tax had a service bar as well as the saloon bar, and therefore were only paying what in the opinion of the auditor the law re quires. ITlnetean Bell IJqnor. There are In Portland 19 restaurants which sell liquor. Of thesa the eight to be prosecuted are the only ones that have operated without licenses. The liquor license com mine or that faction of it which has held out for not giving any more restaurants liquor licenses for less than $800 a year will be asked by Coun cilman Rushlight at the next meeting to recommend to the council that all li censes now held by restaurants b re voked. . ' . i i fc Governor Coming Home. Washington. Dec. 11. Governor Cham berlain leaves at 6:45 p. m. today for home. I OREGON'S VITAL ISSUE ' From the Seattle Post-Intelligencer (Rep.) X Good faith and moral responsibility ought to determine the J senatorial issue in Oregon; but, in the final analysis, there is more X involved in the issue than the good faith and moral responsibility of members of the present legislature of Oregon. The organic rights of the people of Oregon, representing a residuary sovereign X ty which must ever inhere in a. free people under our system of government, are at stake, and if Hhese rights are sacrificed it will be to the perpetual shame of the commonwealth. Legislators jn. Oregon may break their promises; except oy T moral suasion, by an apepal to their manhood and their, consciences; " r X there is no way to. prevent them from violating the solemn pledges Z they have made to the voters of the state. T But before they heed the bad advice of men who are urging T X them to ignore moral obligations" they have legally assumed, it may be well-for them to take a reckoning lest they drift too far X from safe mooring and plunge themselves and their state into X X. l8They are told. that they'vvill do violence t the federal con- X stitution if they heed the instructions of thfr people on the senator-, X ship. It is not true.- The constitution empowers them to elect, the senators from that-state; but it leaves them absolutely free to say in T what manner they will determine a chotcej-if they elect,; as they have elected, to refer the matter of a choice, to the people of Ore- gon, and declare their purpose to abide by the preference thus T expressed, they have a right to do so, and there is not a word or a ,X syllable in "the federal constitution to condemn or nullify such , a . -procedure.': , . ; ':': j:<:':": -- The people or uregou : nave. spuKcn oji tins ..question, i x ney1 may feave erred. But the issue is rio longer' a party ; issae'i it is ft X now- a questio'n'of mdrals a question of political Recency on the part X ' of members of the legislature,1 and a question also which involves the sbvefVignty of jhe 'people of Oregon and the good name ( the ' T ..X state, v It-:snpuld be settled right.' ' ' ASSISTANT SECRETARY OF NAVY GOOD BUSINESS MAN IliBlf - 1 S7 r.y i VJ f ' t I t 7 I" aj ,. ,riYS f MmimnrNi n nn imti rltJrtfiiaiMtiiiiiinif it Z, 1. ( The first and, only jhofco of Assistant tfecretar y of the' Navy .Satterh-e, y .taken n his -office. -(Photograph ' copyright, 1008, by Frederic When. President 'Roosevelt asked Herr birt Livingston Satterlee of New York to accept the portfolio of assistant sec- MtflTV nf the naw he nimnlv followed out his usual coiitse of seeking the man best able and competent to nil tne of fice. Batteries has long been affiliated Bepresentative Jones Does Not Follow Eastern Opera tors in Proposed Tariff Eemoval Humphries Asks Court Terms for Everett Coast Legislation. (United Presi Imaged Wlre. Washlncton.' Lec. 11: At the hearing before the ways and means committed coal operators of the eastern' states to day declared that they were in favor of tne removal or tarur on coai snipmenis if a reciprocal relation could be estab lished' with Canada. Although the coal ; operators of the state of Washington have taken no ac tion, Representative ' Jones is -Inclined to onnose the removal, of 'this tariff. believing It would place the Washing ton mines In severe competition with those of British Columbia. " , The house has voted a 'reimbursement OREGON MEN BEFORE " HOUSE .COMMITTEE (Special Dispatch to Tb Journal.) Washington,: Dec 11. The GregonJ delegation and J. N. Teal were before the house rivers and harbors commit tee on behalf of Oregon projects which they hope to have advanced this year, Adequate appropriations for the prompt completion of work are advocated. The committee gave no intimation as to 'its views anent the probability of accept ing the statements of the Oregon men ror ruture reference. 1111111 ?R' ' with-naVal affa-ira and brings with' him to the' office a thorourh comDrehenslon of present conditions. In other Hues of usefulness he has already made a name ror nimseii ana is a Druitant lawyer, good business man, and a constructive genius. to Hawaii of $23,393.69 for expenditures for the maintenance of lighthouses dur ing the period from the beginning of the American occupation until the light house control was taken by the treasury -department. Representative Humphries of Wash ington has Introduced a bill In the house providing that terms of the fed eral court be held at Everett, Wash. Representative Englebright of Califor nia has Introduced a bill providing for the extension of the pension laws to include the First battalion of mountain eers, California volunteers, serving In the civil- war. FATAL QUARREL OF PHYSrCIAHS Dr. T. J. Birdsong Kills Dr. A. B. Pitts, at Hazle hurst, Miss. (Coittd Press Ltnied Wire.) Haaelhurst, Miss., Dec. 11. Dr. T. J. Birdsong, one of the most prominent Ehyslctans In this city, shot and killed r. A B. Pitts yesterday while intoxi cated. They were rival practitioners and the quarrel grew out of complaints Dr. Pitts made to the landlord of their office building about Dr. Birdsongs al leged disorderly conduct and drunken ness. Dr. Birdsong is a brother of Dr. J. S. Birdsong, whose young, wife, former United States Senator McLaurin 8 niece. snot ana Killed Dr. Tom Mutler at Mon ticello. Miss., a few vears aero, aliening u Jiaa sianaerea ner. ELOPED WITH BELLBOY; HUSBAND FORGIVES ". (Caltet ptss Lcaaed Wlra. I Seattle. Wash.. Dec. 11. Fortfvinsr the -wife who. it is allesred. elODed from Seattle to Spokane with John Conley, a bellboy. 20 yeas old, H. L. Coneff, mining; man. has prevailed on the prosecuting attorney to dismiss the charge against the elopers. woiuey and Mrs. Jessie conerr were arrested at Spokane several days ago on a warrant and brought back to Seat- u id woman was living witn ner husband at the Ethelton hotel and Con ley was employed as a bellbov at the Raleigh hotel at. the time of the elope ment. Coneff begged his runaway wife to return tor him and she agreed on condition-that, ha would not Dress ths charsre agaipst hsself and the bellboy. ' . , Frozen . to let h. 1 Baker CItv. Or., Dec. , 111. .Walter Pardee "Started , from" Bourne at - 1 o'clock yesterday afternoon on snow shoes for Dobbins' camp. His body was found' last nlaht, frosen.- H had been n this district three months doing assessment v work. - The - weather- was al&j md not axtra cold. v . - v - COUP TRIAL Candidate Meigs, for Speak ership of the Washington House, Stands Outside While His Rival Gets Leg islators' Pledges, (Special Dispatch to Tbe Journal.) Centralis. Wash., Iec. 11. The meet ing of the members of the next house of representatives In the state legis lature from southwestern Washington, which was called for the purpose of outlining a united plan of action for securing needed legislation for state roads and a state fair In southwestern Washington, was diverted from its original purpose and turned into a meeting in the interest of J. W. Slay den for speaker of the "house. Slayden and his friends turned the trick in a clever manner. P. M. Carl yon of Thurston county ' was made chairman of the meeting, which was behind closed doors, and E. O. Erick son of Tacoma was made secretary. The southwestern politicians forgot all about good roads and a state fair aft er Mr. Erickson had occupied the floor a few minutes, and when a pledge to support , Slayden fpr- speaker of' 'the next house was sprung on them they signed It, forgetting to get Any prom ises in return as to Important oom mittee appointments, upon which will depend the good roads and the state fair nrnoosltion. .- Of those who attended the meeting onlv two refused to sign the pledge. They are H.. W. Thompson of Lewis county and C 3. Harris of, Thurston county. Those who signed the pledge were Dr. W. B. A. Beach, Mason coun ty; G. D. Halferty, Chehalis county; P. H. Carl von. Thurston county; H. W. Hewett, Pacific county; Phil 8. Locke, by proxy held by Dr. Beach; J. E. Leonard. W. H. Kenoyer. Lewis coun ty: K. L. French, Clarke county. When the doors were closed on the ytar chamber session O. V. Meigs of North Yakima, with 49 signed pledges from members of. the next house sup porting 'his candidacy was on the out side of the door and remained on that side. He was willing to show his pledges to anyone who wished to see them. He did show them, and unless some pledges are broken he had enough In his pocket to elect him. But while he had the pledges the rival candidate had the audience, while Meigs stood out side in the cold. After the meeting Mr. Slayden refused to say how many votes he had secured. Those who attended the meeting were: J. J. Bell. P. G. Shutt, E. O. Erickson. J. J. Cameron, Peter Davis and J. W. Slayden. all of Pierce county; H. H. Fatland, Pierce county: P. H. Carlyon and C. G. Morris, Thurston county; Dr. W. E. A. Beach. Mason county; E. L. French, Clarke-county : H. B. Hewett Chehalis county; G. D. Hal ferty. Chehalis county; J. E. Leonard. H. W. Thompson. W. H. Kenoyer. all of Lewis county. A committee composed of E. L. French, T. J. Hell, Peter David, Dr. W. E. A. Beach and C. P. Halferty was appointed to see the other members of the house from southwestern Wash ington in counties that were not repre sented, and attempt to line them up for Slayden. A committee of cltiaehs fro Chehalis and Centralia was In Chehalis to work In the Interest of a fair for southwest ern Washington. After waiting several hours, while the meeting proceeded be hind closed doors, the committee was ad mitted and stated Its business. The pledges were then safely in the posses sion of Mr. Slayden and what he tokj tho committee gave no cause for en thusiasm. t FULLERTOH HELD FOR ABDUCTIOn Son of 3Iillionaire Lumber man Released After De positing $2000 Bail. (United Preaa iMkejAmire.) New York, Dec. 11. Robert H. Fuller- ton, son of P. Fullerton, the million aire lumberman, whose arrest In Seattle last spring caused a great sensation, was released under $2000 bail today when presented In court on the phar of abducting Miss Gladys Hobart, of It Is alleged that after thev became acquainted at Cornell, where both were students, fullerton made love to tb girl. When his father sent him to Pan ama on a business trip, it Is charred he induced the girl to accompany him, promlsiiur to- marrv her at the flret port of call. Miss Hobart alleges that ha deserted her at Kingston, Jamaica, and came back: to tne ..united states by way or Panama and the Pacific coast. Miss Hobart was sent back to New York by the American consul at Kingston. District Attorney Jerome became in terested in the case and Fullerton ,waa found, in Seattle. He was kidnaped there by two New York detectives and talren aboard a ship on which he was taken to, San Francisco. In thatj city he was released on a writ of habeas corpus and eluded the. officers. He ret cently Was rearrested and brought here ror - triat. . When arralrned todBV he pleaded not guilty but refused to make a statement. His father "lives In SU' Louts and is president of .the Chicago Lumber com pany, which ' has big Interests in the northwest - ' Matt Johnson, Who Killed Holoek, Slashes His Wind pipe This Morning but Lives to Tell His Version of the Murder. . Matt Johnson, the elder of the two Finns, father and son, on trial In the circuit court for the murder of T. J. Holock, this morning attempted to escape the hangman'B noose by cutting his throat with a razor In his cell in the jail. Although he succeeded In serious ly wounding himself, he did not in flict a fatal injury, and a few hours later, wheezing and gasping, the air crackling horribly through his sev ered, windpipe, "he was able to take the witness-stand in his own behalf and tell bis story of the killing of Holock. , . VI am gftlng to hell to prepare . for you your merited reward for your, ef. fr-,y1 ' ' ' Thl.: wtaa w nlaivnnt w. Bage the wouldbe suicide left for; his jailors and the state prosecutor and for the courts at large, which he termed esteemed nigh justice or high injus tlce. But the man did not get on a through train and his efforts in behalf of the officers of the prosecution will have to be delayed for a while. When Johnson was searched at the jail, after having been brought back from the hospital, a letter was found in his trouse-rs pocket, written in Fin nish, of which the following Is a trans lation : Johnson's Strang Lettar. "Kstwmed High Justice or High In justice I am going to hell to receive and prepare for you your merited re ward for your efforts. If you have the least little bit of self consciousness, then have mercy on my son. He Is in nocent. Andrew Hendrlckson filled the revolver last and had the nerve to sell us both out arid he first commanded to go and get It. With hellish hate my devil will have to torture you forever, hellish bloodsuckers and devil's slaves. "I have been rather harsh toward my son, for he obeyed me and It means a great deal that he did understand or know any better than I did. If you have even a little human feeling then spare him on account of my humble family. Much of that you probably have not. I have looked for Justice but have not found It In America. I have suffered wrongs all my life. I have lessened the devils In this world by one although l Killed mm accidentally I am not guilty. I was forced to It. Good bye. Matt Johnson. Qlven Baaor to Shave. Johnson was allowed to have a rasor this morning to shave himself before arolnar to court. This was about 7:30. at a time when the other prisoners were Deing given tneir oreaKrast. jonn son was in his cell. Mrs. D. J. Cam eron, the jail matron, as is her custom, had gone to the kitchen with the cook and some of the trusties, and while she was gone. Johnson drew the razo across his throat. Inflicting a gaping wound almost rrom ear to ear. Some of the other prisoners In the same corridor happened to look Into Johnson's cell, and saw him lying on the bed. the blood pouring from the wound In nis throat. They railed the matron, and she. In turn, called Jailor Hunter of the day shLft. who hud just come on duty. When Hunter entered the cell, John son was still lying on the bed. The rasor had been taken from him by some of the other prisoners. Johnson was brought out of the cell and an at tempt made to staunch the blood with wet towels. Long Slash Hade In Tain. An ambulance was hurriedly called and the bleeding and apparently dying nian was placed into It and taken to St. Vincent's hospital, where his wounds were attended to by Dr. C. C. McCor (Continued on Page Three.) NEGRO SOLDIER WANTS BACK PAY Strange Contention in Ap peal Filexi by the Browns ville Private's Lawyers. (United Preas teased Wlr.) Washington. Dee. 11. "Kxecutive en croachment of the powers of the legisla tive and judicial branches of the srov- ernment," is. the keynote of the appeal or attorneys for Oscar W. Read, a negro soldier of the Twenty-fifth In fantry, from a court decision following an order of President Roosevelt dis charging him dishonorably from the service of the United States because of alleged participation In tha Brownsville l-IOl. .- - :n Read broucrht suit in New York to re cover S122.J for pay he claimed was due him from the time of bis discharge to mat or tne expiration or nis enlist ment The New York court dismissed the case and . hn matter la Dendlnar be fore the . supreme court ot the United States. . - f . Several of the members of the battal ion discharged by the president have ap plied lor reenlistment. among them'Scr geant Mingo Hinders, who had been in tlio army for iu years -i , Her Health Is Failing flu u r - rV . IW.V N V-t if v mill "N I r e n i I J0M m&jM first it Frftzl Srliiff, actress and singer, and John Fox to whom she was re ported engaged. (Cnlttd Preaa Laaacd vfira.l New York, Dec. 11. Frltlzi Scheff. who Is reported to be engaged to John Fox the 'alithof ' 'is ' said to ' be falling rapidly: her health has been very poor ana it may be a long time before she will engage In active theat rical work. PREPARING FOR GREAT STRUGGLE Shippers and Carriers Will Lock Horns Over the Freight Rates. Hy John E. Lathrop. Washington, Dec. 11. Predicting the greatest struggle between shippers and carriers that has marked recent discus slons of freight rate matters, attaches of the Interstate commerce commission are carrying out orders from the com missioners to check up new tariffs that have been filed by the railroads. The task has been merely begun but al ready, it Is clahned, surprise has been evinced by Important members of the commission's forces, at what they re gard as heavy increases affecting trans continental freights both eastward and westward. About 50 tariffs have been checked at this time but I was informed quite autnoritalively that tne increases run from five to 25 per cent, The theory nas neen lormea, on me oasis or in vestigations thus far carried on, that the average of the increases will likely be more than the 10 per cent which carriers have been alleging is necessary for them to realise the Increased reve nues needed to meet alleged existing ennriltionn ' It is claimed that if the increases prbvrfled for In these new' tariffs be permitted, with the recent increase al lowed carriers on eastbouhd lumber from the Pacific coast, the .entire sys tem of freight of all classes in all busi nesses will be affected materially. No one here questions that the ship pers of the coast, as well. an those at all points eastward . whose Interests will be influenced by these increases will take part in the fight which will do velop Into a struggle greater than any witnessed in recent years over traffic matters. ; , -' ; ' : . I am Informed by mh who have tnirt me they believed It probable that the shippers will invoke the Sherman anti trust law, alleging these increHses to be the fruitage of conferences held t New York and Chicago, of the carrlrs. tion of rates, contrary to the ltfw in muiting auen acts, as ocuig in of trade. " restraint GRAFT S FOES EXULT OVER VICTORY ITeney, Johnson, Langdon , and Burns, Sponsors for San Francisco, Say ; Polity ical and Corporation Boss Rnlerls -Done With. San Francisco, Dee. 11. Ths satlsfaa. tlon of the directors of the graft pros ecution over the conviction of Ruef Is shown in the following four statements made toda: Special Prosecutor Francis J. Hsney said: - "The people of San Francisco and of the state of California owe a debt of gratitude to the 12 men who have given more than three months of their time and submitted to what was practically imprisonment, in the performance of tho most important public duty which, an American citizen can be called on to execute. It Is needless to say that I am deeply gratified with -the results- I fully expected a conviction If none of the jurors - had been reached by tho agents of Ruef, -and it is evident that they were all honest." ...,. Hiram W. Johnson, who made tha final summing up for the prosecution, said: '. ... "Yesterday's victory -means more to San Francisco than a score of triumphs in warfare. We have disproved that our law Is a sham and our administration of justice a travesty. Ruef 'a race Is run. His conviction sounds the death knell of his system and that of his accomplices public service -corporations the system by which a politico! boss ells to. the equally guilty corporation boss, privileges and rights which be long to all the people. Henceforth i.uefs personality will be eliminated from this cltv." . 1 ' - i Bnef on Boad to tb Fen. . "The public is familiar with the evi dence presented by the - people in the Ruef case. From that evidence it was apparent that no honest jury could do other than find a verdict of guilty. Tha conviction of Ruef Is but a forerunner or other convictions. ' The craft oros- ecutlons will go on until it is demon strated that San Francisco . is capahls of enforcing Its laws and that courts and juries are not a mockery and 4 snam. iu arcn criminal or San Fran cisco Is now on his way to the penlton-. tlary." Detective William J. Burns said: "The verdict rendered by the jury in , the ' Ruef case is a vindication- of th fieople of San Francisco the law nblri ng people of the city. .The conviction ' clearly demonstrated that, once publics i opinion is aroused, the people can be depended upon. This verdict shows that right minded, honest men cannot fail to discern the guilt of Abe Ruef. Ths howling pro-graft press, that has been a stumbling block to the prosecution of crime in this city, must read in thnt verdict the signs of tho times. - It was plainly the people's victory." - - . Ths Bsndsrinr of -the Verdict. The verdict was returned at a few minutes past 4 o'clock yesterday after noon. There was no demonstration, nor even confusion in the courtroom, since the precautions for preserving .order ! were complete.- - Ruef declined to make any statement. Henry Ach is ill, and was not in tha courtroom, but later he said the verdict was due to Special Prosecutor John son's intimidation," cantained In his address to the Jury. The jurors, how-, ever, do not support this theory. Fore man McNamara asserting that tht strong language of Johnson ... was . re sented and was a consideration tu. b overcome in arriving at a verdict. Foreman McNamara - said 4hej Jurv -stood eight to four for conviction on the first ballot Two were won over . on the fourth. The other two cama over on the fifth. j . - . Ruef heard the verdict without anv marked display of emotion and remained calm through the succeeding scenes, until he was taken back to the Jail. San Franclscoj Pett 1 1, Whet -Francis J. Heney, tho graft . prosecutor, re- turned yesterday afternoon to the court- (Contlnued on Page Three.) SEVEJilGROES Opens Fire in a ' Memphis DiveKills Four and Wounds Three. - (Halted Praae Leased Win. ' Memphis, Tenn.. Dee. 11. Apparently without the sligbest provocation and. certsinlv without the leant varnln William Latura, a desperado with a -t -ord of having killed and wounded a score of people, shot up a diva full of n groes last night, killing fuur sn.l wounding three more, one of them fi- ally. . ; . - - i - . Latura, with a number of comnarina. had been standing at the bar. irink i e He seemed to have nJ particular irin. -. against anybody in the linn an i V i action was apparently mmlv . r-Without .' saying' a wl h, i ,-. s suddenly and fired his vvi.!v-r i -crowd of colored men in - tit 1 1 . Before he could he mi... ,.. i . , emptied every weapon I" l,i pr-,- . 1 nt-n, when every fiim In n , had fallen, killed or wt!t.'.-i t - . pocketed hl e'i-.m .!) ,i. ; iftK-prs w-te I" -i' ;, ' ! wji uriers' !nw ft. ! v i -1 DESPERADO