10
THE OREGON DAILY JOURNAL. 'PORTLAND.
-"fyiF!W!aga'SWB!ww M,.ijjjLUUi J- g"BggTFaegg8Sfaggg
THURSDAY EVENINO. OCTOUER 21, 100.
JUnSN BUMPS I'IDOWOF BISHOP
wml nor m booth on Wiieiw mi
11)10 MORE COPS
MOTS IS DEAD
DELIVERY PLAN
YET SELECTED SUFFRAGETTES MEET IN TEXAS
They 3Iake a Sjkt.acIo of
Funeral Will Probably
Held Nest 3Ionday
From Homo.
Bo
Postmasters Prepare to Put
Court JIouso 3fay Ho Built Women Should Vote, as
Want a MisslssippMo-flulf
Jlim Before a Tor-tola
Crowd.
a Stop to Clandestine
Correspondence.
of Brick, Stone or
Terra Cottn,
Their night, but 3Iili
tants" Are Foolish.
canal I) ug Across Louis
iana and Texas. ,
INCREASE IS
in nnnnrn
1'idUIO CHE
ill nuuunu
WITH 11
.
(Tolled rim Leae wire.)
Kan Franciaco, Oct. SI. -- Sol con
tent wltli having a legal run In y-a-terday
over a debt of 1100. Jack
Johnaon. (lie black nu filial, had a dou-
tU Jouat with tli w lod ty nj If ha
doriii'l get out of town pretty fuon ha
slanda a mighty good chano of going
to Jail.
Early thla inornlnir Johnson ' waa ar
r ! j for exceeding Ilia speed limit
on tliu Or rat Highway, and appeared jn
Judtir Wrller'a court to answer to til
clmrge, but the case went over to to
morrow morning, Johnson putting up i
$100 cash ball.
A few ml nil tea later, while thousand
were waiting fur the great parade, Jonn
son sprinted down Market street n hla
Pointing out that there la now four I hi machine but wna m-M up at Seventh
Senator Chamberlain, When
Governor, fiave laical
'-Reasons to , Legislature
Why Supreme Court Jus
tices Should Be Increased.
by two policemen. Ho' was Informed that
be would have to turn buck, but at flrat
he refuaed to do ao. declaring he didn't
care a rap about 1'urtoJa, the police or
anything elae, for that matter. ile
cooled down, however, when threatened
tonce for Johnaon when the negro
brought to trial tomorrow. .
times aa much litigation aa when tha
then suprems court waa created, and
arguing that the state conetltutlon does
. nn limit the number of Justices to
. ra nnvornnr Chamberlain, now sen
tor. urged In hla bleimlal mesaag to wlth arrest, and turned back, atnld the
the Uat legislature the Increase In tha jeer, of th, crowQ,
number of supreme justices to live. Tn. district attorney thla afternoon
in pis argument tna governor declared ha would recommend a Jail sen
. down the well known maxim umi
rule la mora clearly established man
that a constitution la a limitation and
- - . - . .1 that there.
r. h le.i.lature may enact any law was created. The material parta of
, .,.iv or imnlledlv Inhibited by ectlon 2 bearing on this feature, oinlt-
the constitution. Ha urged that prac- ting incidental provisions, reads: 'The
tioally all the lawyera who hud mndc supreme court shall consist of four
an exhaustive atudy of the subject Justices the number of
agreed that It Is within the power or jumices may oe increased -
the legislature to increase the number and shall never exceed seven.' Bectlon
of justices o long aa the number 10 was not creating a supreme court,
does not exceed sev.en. hence the rules of construction relative
' Ha Points out that In arriving at a to limiting the number to the number
safe conclusion it Is fundaments h specified can not apply.
tha constitution as a whu.o must b I 'This court waa created by section 2.
construed, and on that basis the gov- I and only the circuit court waa author-
ernor had no hesitancy In urging that ieq to be oreatea by section 10, and
for avoidance of the law's delays and m power given tne legislature to seg
prompt disposition of the state's lltl- regate the two courts and divide them
gatlon the number of Justices should be Into classes. It only authorised the leg-
air. Hannah Rodney Morris, widow
of Jllahop II. Wtalar Morrta, died this
morning at 10 o'clock as a result of tha
paralytic atryko aha suffered Humlity
lilKht. The funeral has been postponed
llll after Holiday awaiting tha arrival -of
her aon. II. Wlatur Morris, of New York,
who will arrive Hunday morning. Tin
f ihiii it) will probably be Monday morn
ing from th house..
Mrs. Morris would have been (5 yearn
old ! ember SO. She waa a womnn of
a gooil deal of vigor and great self con
trol, a truly religious temperament with
much beauty of character. Throughout
the blhoj's nervier In the church she
was a true helpmeet and ufler bin death
ahe continued her Interval In tha church
Hlxhop Morrla died three yea is ago In
the spring.
The Morrises were Identified with Bt.
Stephen's pro-cathedral, hut a pew had
always been reserved at Trinity church
for the late bishop's family and she was
active lu the parish work of both com
munities. She waa deeply Interested In
charity work of all kinds and her un
usual vigor for so aged a woman made
It possible for bar to engage In philan
thropies actively. One of a family of
superior mental attainments and great
refinement, her spiritual life pictured
Itself In her face and ahe was often
likened to a saint by those who met
her.
The death of her youngest sister, Miss
Clementine Rodney last week was a
No longer will Vnrle flam, through
he nitxlluin of Us poatoffice depart
ment, be an accessory to clandestine
correspondence If tha efforts of tha
postmasters of several of the large
clllrs of the country are suecessful In
closing tha general delivery windows
to such class of malL
The postmuaters at Washington,
I'litHliurK, Philadelphia ' and Chicago
have already taken atens to reduce to
a minimum the abuses made of the
general delivery depart mailt, and Tost
master Young of Portland la at present
In communication with the department excess. The- lawyera of the city have vote," waa Miss Booth's reply to a direct Ject by men familiar with the problems
nrw ruun nou is m guosnon wibi win ivuvs ins privilege or the polls, but many coming rrom num
not be determined by the county oourt of them, particularly the militant suf- ' Louisiana and
until after bids hay been received. It fragettes of England, are conducting nual convention
1. announced that the adv.rtls.ni.n thlr cwnM. t .'.,,. r., land Waterway 1,
bther brick, stone or terra cotta (Caltsd frees Leases Wirs.1 I Corout Chrl.il t. w ti vvi.k
shall be used In the construction of the Lo Angsjes. Oct. 1 1. Women should I several hundred delegate In attendance
new court house Is a question that will tare the privilege of the polls, but many coming from numerous cities and towns
d Texas, the fifth an-
of the Intercalate In-
liwvu ". nm UHllll..Bl.ni K-I .u. la HQ WaiCrwaV w.a . l,.r.
for bid. on malarial will b ao worded """ wr wuoi apoa r'" - to,1ay. The aim nf tha h-Jin. i.
mn.,t,..r. -,-. . ..... utous lines, according . to Commander I
.... - " .ibuid i , .... v. . i me consirui'tlon. aa 'a national
on any one or an tnree or the material ,i'"n riny, wnw i enterprise, of channel nine feet deep
.......vu. i - nu i uu i eel in Wlilin inrniu mi Imnne.
This method of nroeedure will enable Miss Booth reached thla city late laat I tant section n tv.iui.n.. .... n..
.i.. . . .. . :. . .r ... i . .--- n
me coon io aeiermuie ine relative cost ' !" uruvw, aucompaniea ny sev-i to connect tne Mississippi river with
ui uuiorrni maieriai. i nere is a sirona' i Hmnturi. vi iivr aiaii. bub ia max- liib uuir or Aitviin tiiu
aont Iment for the use of Oregon ma-1 '"a" a 4our of Inspection of the west, and I alona of th convention are to continue
terlul If It can be had at figure equal to I P'n" to visit all the larger coaat cities. I two days, and addressee will be dellv
the cost of outside brick or not too high I ''Most assuredly I think women should I ered covering evory phaNe of the sub.
authorities in regard to the saute mut
ter.
That the general delivery Is common
ly resorted to by lovers and sweet
hearts to avoid detection and by pro
moters of questionable schemes has
long been known to the postal authorl-
Islature to act In the matter and to pro
vide for the division Into these two
classes. In order, therefore, that both
sections may stand. It must be held that
It was Intended that the minimum
should be three and the maximum as
provided in section 2. This would. In
effect, leave It as the court stood when
the four Justices performed circuit duty.
for when a cause was appealed, the trial
Judge did not sit In the case appealed
Increased.
The Governor's Kessage.
The message in part Is aa follows:
No rule is more clearly established
than that a constitution of a state Is a
limitation and toot a grant of power,
from which It follows that a legislature
may enact any law not expressly or im
pliedly inhibited by the constitution
The Question, then, with which you are
confronted in determining whether you UT UJU. "ol . . f lne caBO
ih. n .HH mr In.tleea to "g imeo juhuccb io bii biiq neax
" --- - j . i
1110 BUIireuitl fjuuri iiiubi. im irnicu uy i A. . . . 3 . .
.v.i. i. . ,kinh it n.o. vvuen, mereiore. secuon 10 came into
aarv to 1U solution onlv to determine fect bv reason of the population reach
whether th conatltntion of this state "IK 200,000, It was intended that the
limits the number of Justices to constl- numDer or justices should not be re
tute the supreme court, and If so, to duced below the number formerly sitting
what number. n u cases, ne.nce specmea mat it snail
Thla question has been looked into consist or three, which, with the other
by many .of the prominent lawyers limitation or -snail never exceed seven.
throughout the state and thus far prac- was and is clear. The necessity of
tlcally all who have fully investigated changing the minimum from four to
the subject agree that it is within the three Is manifest, and when construed
power of the legislature to Increase the with the other provisions of the article
number of Justices, so long as the num- of the constitution of which it is a part.
ber doe not exceed seven. But very Is ohjy susceptible of the construction
few, after a full consideration, are in- that it was not Intended as a 'limitation
Vllned to doubt the constitutionality of upon the number to constitute our hitrh
a measure Increasing . the number of est court. As stated bv the lat .rustle.
'Justices, and their views appear tn be Hailey, In a brief prepared on the sub-
oasea .upon-in construction io oe given i jeci after nis service on the bench and
secuon iv 01 arucio m 01 Qur consuiu- but a few months hefora hln
hardship to her and though she wen
through with the denth and burial cere
monies last Krklny with remarkable
self-control she showed physical ex
haustlon afterwurd and Monday night
received the paralytic stroke which
caused her death.
The Rodneys came out from Lewes,
Del., with Bishop Morris many years
ago and established St. Helen's HalL
Miss Mary B. Rodney, the other sister,
who was active In the founding of the
school, died some years since, and the
remaining ones of the family are Miss
Lydla Rodney and Henry F. Rodney.
The Rodnays are of a fine old Del a
ware family, direct descendant of the
famous Revolutionary patriot, Caesar
Rodney, who was the Delaware dele
gate to the continental congress that
drew up the Declaration of Independ
ence. Mra. Morris Is survived by four chil
dren, William Morris, and Miss Louisa
Morris, who lived with her, Mrs. Samuel
Dickinson Adair of Irvlngton, and B.
Wlatar Morris of New York, a promi
nent architect, who designed the Wells
Fargo building here. The eldest son.
Rodney Morris, died many years ago at
tne age or is, sacrlilclng his life In a
vain effort to save two laboring men
who were overpowered by the gases
In a cesspool they were digging.
petitioned ror consideration of tha offar I uur"un ; uu 1 grieve to see mem ao- tn undertaking presents. President
of Krancls Claruo to donate marble from j thinga that might be termed un-I Taft has accepted an Invitation to com
his Alaskan ouarrloa. and it will be uos- I womanly. v omen in England have been I to Corpus Chrlatl from hii hmthmwm
)bl to subnllt figure on thla material M01"" outlandish thing to secure uf- ranch and deliver an addres .to tha
also. I frags; they have don thinga that ap- delegates tomorrow morning.
The member of the county court I Pared to be hysterical and silly, and I . Today' forenoon meeting was siven
held a conference with tha amhltsna auch radical measures hav gained them I over largely to welcoming tha ai.a
Monduy and th advertisement for bid ""1 yropathy. and organisation. Roy Miller, secretary
Ilea, but little positive action ha been or material will b ready In about 10 I i oeiiev raea were intended to bear or in uorpu unrlstl Commercial club.
taken to rheek auch nratleaa until the oay"- roDamy 30 aay or longer w'll I """' uuraene oi uie io weasi ""'""u aeiegaies, ror wnom re
,w 1 "cc "ui.il jirmciiLBB uiiiu niw . ii,. .v,i-t. 1.1.1. ... the heaviest m-avea mnA mnman akmiM I SDOnsa was m.ila K ll.nrl t 1 a
present time. The Intricacies of dual .. . ' do nothlna to Biihtraet from the .ntl. Vice president of tha or.nMtln Tkl
lives have been assisted by thla me- c 0 Lundstrom. whn has th. Mnift nes with which she hsa been endowed, "change of greeting waa fuUawed bv
aium or correspononc; raitniess nus- for excavation and foundation work. I "ul 11 must be remembered ah pay I aaaress or in president. C. B. E.
nanas ana wive nave rouna it conven- hus almost completed his contract He I on ln" property she Holds, and 1 or Victoria, Texas.
leni to receive man rrom certain sources nBd until October 1 8 to do his work, and I nould r mat reason nave aome voice
mrougn tne general unlivery winoow Ma wfll within the limit Part of the I'" lne Kovemment or ner country."
steol has arrived and it win annn K Miss Booth will spend aeveral day
asstmblcd at the court house for ercc- vaiting the southern California cities
tlon. ,n wnicn tne army nas posts
rnther than at tholr respective ad
dresses. And boys and girls In their
teens arc numerous In the long lines
that dally block the corridors of all the
large postofflces.
"It Is a known fact In the Portland
postofflce," stated I'ostmanter Young
today, "that there are men and women
in the city who have been getting mall
at the general delivery windows for
the past 20 years during which time
they have maintained residences In the
several parts of the city to which their
mail could well be delivered.
According to Assistant Postmaster
Williamson, the general delivery Is a
costly department contrary to popular
opinion. "For Instance," he stated, "we
have figured that there are 6000 calls
for mall at the general delivery win
dows dally. It requires the service of
eight clerks to handle these demands
and approximately 1200 pieces of mall
are so distributed each day. As the
uverage carrier can deliver from 2500
lilZU GUILTY:
1
FIRST DECREE
He Murdered Two Children
Because He Hated
Parents.
This afternoon, following- wnnrt.
from the standing committees.' tha oon.
ventlon listened to an address by Sec
retary of War Dickinson. Other d.
dresses were delivered aa follows;
"Noed of Coast Waterway Imorova.
Iment," Congressman John N. Garner;
"Transportation and Freight Chargea,"
Lieutenant Colonel Lttnslnar N. n..nh
United States Corps of Engineers; "Rat
Influences of Water Routes of Trans.
portation," Congressman Jamra t.
Klayden; "Appropriation Alone Will -Not
Establish a System of WHi-
Transportatlon." Coninaanun Rnfm
Hardy.
Governor Campbell of Texas. ev-Onv.
jowered Freirrlit, Tnriff nn Ur c. ehu of Kansas citv P. rh.
f T P AT T tt 1 -joaivtrrB m lonignt s seSBlon 01
V. II.. Oi, 1. Jjllies III V'HI- lne convention.
Ml CUT HDDS
TO CRHIII VALUE
(United Preaa Leased Wire. I
Utica, N. Y., Oct 21. Theodore Rlao.
10 joou pieces or man eacn aay, 11 is tne ualabrlan, was thla afternoon found
readily seen what a saving It would guiltv of the miir,ir e t.
be to the department, were all persons copla 8 old a Fred(e InflJ8lll
maintaining addresses in the city to 6 year. old ,he two 1(al ,,,'
who were kidnaped while tilavlna- in
PROTESTS:
FEW
. tlon, which provides for the election of
supreme and circuit court Judges in dis
tinct classes, and manifestly overlook'
. lng section 2 of the same article. To
confine the investigation to section 2
Js to violate the rule of construction
that the entire constitution must be
. construed together, and that when two
constructions are possible, one of which
raises a conflict or takes away the
- meaning of any. section or word, and
the other does not, the Interpretation
must be given which will harmonize
. and give effect to the ; whole.
Quotes the Constitution.
' "Section 2 of article VII Is as fol
lows: The supreme court shall consist
of four Justices to be chosen in dis
tricts, by electors thereof, who shall be
: citizens -of the United States, and who
. ahail have resided in tne state at least
three years next preceding their elec
tion, and after their election to reside
' In their respective districts. The num
ber of Justices or districts may be in
creased, but Bhall not exceed five until
the whole population of the state shall
' amount to 100,000, and shall never ex'
eeed seven: and the boundaries of dis
tricts may be changed, but no change
' Of districts shall have the effect to
remove a Judge from office, or require
him to cbange his residence without hi
consent.'
"Section 10 of article VII is as fol
- lows: 'When the white population of the
i a. a. a . . . nnit , , j . i i
oiaio nttaii amuum lu iuu.vuu, lite leg
islative assemply may provide for the
election of supreme and circuit Judges
in distinct classes, one of which classes
. shall consist of three Justices of the
supreme court, who shall not perform
circuit aut and the other class shall
consist of the necessary number of clr-
' cult court Judges who shall hold full
terms without allotment and who shall
take the same oath as the supreme
judges.'
XJmlt Fut at Seven.
It seems to me that construing
these two sections together it clearly
: provides that the minirnum number of
Justices shall be three, and that the
most favorable construction possible to
any limitation Is that the number shall
never exceed seven. To limit the num
ber to three would be to disregard en
tirely the words "shall never exceed
seven.' It would be a logical to say
the word three should be modified by
the words not less than three.' and have
; It read that the number of Justices shall
never; fee -less than thr, as to hold that
It was Intended to be qualified by the J
words "and -no more,' maklna it read
shall Consist of three Justices and no
more.
Tt will be observed from th first
section quoted, with other sections of
th constitution, that four Justices were
first provided for. and that the num
ber, with the districts from which they
wer to be-elected until the population
reached lv,eO. were limited to ftve.
and that after the population exceeded
100. 009. should never exceed seven. It
! thi section that creates trie office
of Justice of th supreme conrt and pro
vides .what the limit xhould be after
th state s-rew to eaced th population
there specified.
, rrvrtdas Sisttact Cla.
"Further provision is made by section
st article vri ror the Jostle perform
.Ir.g circuit duty. The words "ahail never
xr4 seven' could not bav been In-
tended to limit the number sf circuit
Judges, for under that section they were
aoi to termed Tlrruit Judges,' but
were to r Justice f the supreme court.
amj sectio If prevMes for a dlstlart
rlaas (or rives the legislators the sower
ee ia ttiv) mnd Lb tints wbeaj rirenlt
Jjdce shall arnear an t recognised
as aurh. aril that ther sbsJI r-onsiet e)f
Jib tufr ma y be e-- a rr. There
"IM !! 19 that serllon for s4ac
lis s l;r-U vS-fi ths asms? sf Jwtlres
in r-:1t?! the -jf-rme omirt. fir t'iat:
w-ss d hr sertkisi J, m her that c-ffe
"The object for which the oonstitu
tlon was enacted was to secure a gov'
ernment, and one of the departments of
that government Is the Judicial, and the
supreme court of the Judicial depart
ment. And it was and is the purpose
or tne constitution that each department
should be efficient and able to perform
the duties devolving upon it. To say
that the framers of our constitution In
tended to limit forever the number of
Justices of the supreme court to three,
is to place a very low estimate, indeed,
upon, their intelligence, and to condemn
largely their opinions as to the future
prospects anij development of this now
great state.
Judge Hailey's Opinion.
"The Judicial department of our state
waa organized for the purpose of fur
thering the interests of government by
performing its ordinary Judicial func
tions In the disposition of litigation, and
it was unquestionably intended by the
makers of the constitution to so organ
ize that department that it would meet
the ends and objects for which it was
organized. To say that the framers of
our constitution intended that three
men should for aH time do all the work
which necessarily devolves upon the
supreme court of a great and arowina
state is, it seems to me, a very narrow
and uncharitable view to take of the
wisdom of the founders of this state. It
seems to me rather that the broader,
better and more charitable and more log
ical view is that they Intended to Dro-
v'lde, and did provide in effect, for a
court which should be of not less than
a certain number nor more than a cer
tain number, in order that whatever vol
ume of business might come to that
court it could be readily Increased to a
sufficient number for the proper per
formance of Its functions.'
"It has been suggested that since a
proposi amendment, having for Its I
purpose, among other things, the in
crease of the number of Justices, was
voted down at the last election, further
action in that direction would be 111 ad
vised. This objection, however, is
without foundation, for the reason that
t Is difficult to ascertain the cause of
its defeat It provided for other
hanges, principal among which was
included a probable change In the entire
Judicial system. Including the circuit
ana county judiciary, which change met
with strong "opposition throughout the
state.
Opposed by lectors.
"Another feature which aroused strong
opposition among the electors who favor
direct legislation, was that the amend
ment proposed to glv the legislature
th exclusive power to increase or de
crae the membership of the supreme
court at Its will, depriving the people of
any right in thla respect through the
initiative and referendum system of
law making in the state. No active and
affirmative effort waa made to secure
Its adoption, while the combined opposi
tion maue us adoption with theae vari
ous "riders Impossible. It is also prob
able that it waa assumed that the leg
islature, or the people through the initi
ative, could Increase th supreme court
to meet th greatly Increased demands
before It. without a constitutional
amendment for the purpose, sod, rather
than aroept all th proposed changes,
preferred to leave this matter to another
eiron in inst direction, either through
th legialatur or by direct vet o th
UBjart.
ICSS
Property Owners Ask
Have Assessments
Raised.
to
have their mall delivered there.
The general scheme by which the
several postmasters who have taken up
this matter would reduce the impo
sitions upon the general dollvery de
partment is by requiring each appli
cant to identify himself and furnish
an address within 30 days, at which
mall can be delivered to him.
LAYS HEAD ON
RAIL ANDJS KILLED
(Continued from Page One.)
Only 16 new protests were filed with
the county board of equalization in ses
sion at the courthouse this morning.
The total to date is 170, a decided fall
ing off from the corresponding time
last year. None of the public service
corporations have yet appeared in the
role of objectors.
The King's Heights Realty syndicate,
following the lead of B. Oildner and his
associates, came In yesterday afternoon
with an application for Increase in the
valuation of their property from J62,
000 to $154,000. The King's Height
people are putting in extensive street
improvements and desire to bond the
district for them, but can only bond to
the amount of the assessed valuation.
The inoreases . asked will no doubt ba
granted, and this will far overbalance
the decreases now In sight, even though
all applications for decrease should be
granted.
The Marine Iron Works, which owns
eight lots on the St. Johns waterfront,
has asked that a reduction be made
from J24.680 to 1 9,680. The latter fig
ures are hose of last year and the year
before, and the company says they are
abundantly high, there having been no
large Increase in property values there.
The Columbia River Packers' associa
tion writes from Astoria to ask that
the machinery in the canning' plant at
Rooster Rock be not assessed for more
than $2500. Admitting that tha com-,
pany would not sell for that sum, it is
argued that for any other purpose,
placed on the market, the machinery
would not be worth any more than that,
E. C. Atkins & Co. ask for a cut from
$14,000 to $10,000 on money, note and
accounts, while the Portland Furniture
Manufacturing company wants to be re
duced froYt -12,000 to .$8000 on roer-
unanuise. i ne normwest School Fur
niture com pah y asks that its $20,000
assessment be pared down to $17,761.
IL Manchester makes complaint that
taxes are so high he sees no way but
to sell his place. He says he Is 76
year old and has little income. He
will soon have to pay $125 for a side
walk, and last year he paid $35 taxes,
$20 higher than ever before.
Mrs. Mae Riley of 625 Marshall street
says the assessor made a woeful mis
take In assessing her household goods
at $1000. The true rigures sre $160,
she declares.
Max and George Loewenson say" the
figures on lot 6 in block 262 should be
reduced from $17,000 to $16,000 The i
wney b. Allen company says a $200
valuation should be placed on its
money, notes and accounts, instead of
itvuu.
The Louis P. Vial estate reports that
Its notes were disposed of before th
oat or assesament and that $3600 .fland
on money, note and account should b
removecv tor ins reason that they
hav gtm out of business a. H n
ard Co. want a $2500 Item cancelled.
r.ruesi Miner says his rx-rennal
should be $1171 Instead of $4700.
Ui
PERSONAL
Fred Lockley, manager of tke racifl
MonUsly. bs fcaa be a seriously IU srlta
trPwM fever st the Good Imurtt..
kespMal for th fast three weeks, ts
rPrtd ts'fcs rsstisg easier today, sl
thssgb fee J c4 yet sut sf danger. I -
Lovls A retell Pocnad Guilt.
Salem, or.. Oct U. Louie Arvtel wa
found guilty by a Jury Jn j94f9 Bor.
sett- departmt of tbs circuit cosrt
today of sasauJt wits, a daagerous wes
pos and attempt to rotx Arstel had
bu rJad from Ik penitentlarr but
few days last su aimer wfe K. ...
tempted t bold us J. J. McboaaJd. pre-lsnd Rey W. and rrar Cibb.
pnetor of the LINrty .tor. onjbe ro-d Orertam.
w MtM Tel,JZZ em .a tx e i i .nil tm coroner will hold aa isqurst
iwbstm moraine.
until 7:22, when a Portland-bound Caa
adero train came by. As the first car
bore down upon her she threw herself
on the track, so close to the car that
th motorman did not have any oppor
tunity of stopping the train.
The car struck the woman and hurled
her far off the right of way, breaking
her arm and cutting her face and neck.
Her death was instantaneous. The
body was put aboard the car and
brought to Portland, where It was re
moved to the morgue.
Quarrel Over Body.
R. XL Carlson, undertaker of Oresham,'
went to the Heiney home and took the
baby's body to hip place. This caused
a quarrel between him and the coro
ner's assistant, who contended that the
Gresham man had no right under the
law to move the body. Carlson con
tends that he telephoned to Dr. Ben
Norden and was instructed to take
charge of the body.
The neighbors say that Mrs. Heiney
has been insane for a long time. It Is
said that she has often threatened to
kill herself and that one time about
three months ago she. secured her hus
band's razor and said she intended to
cut her throat but her nerve failed her
and she did not carry out her threat.
3Tot In Fooket.
The woman was well dressed, wearing
a light grey suit with heavy soled tan
oxfords. In the pocket of her coat was
found a piece of wrapping paper upon
which was written with a lead pencil,
"Lena Heiney, one mile south of Pleas
ant View avenue." It is the opinion of
the coroner that the woman Intended
this for identification purposes. No
other articles were found In the cloth
ing. N. Younger, motorman in charge of
car No. 1055 coming toward Portland,
saw the woman several hundred yards
before he reached her. She had been
walking between the rails, but as tha
car approaihed, stepped to the side, and
wanted to he side- or the track. When
the car was within 10 feet of her, she
made a leap for the center of the track
and fell with her head over the cross
ties. The woman quickly lifted herself
upon the rail, placed her head directly
over It, with her face turned toward the
car.
Act Carefully Planned.
That the act was carefully planned
and suicide contemplated is shown by
th way the woman grasped the rails
and held herself to the track. One arm
was thrown in front of her face, and
entirely under the steel rail. With the
other hand she reached over her head
and clasped the rail and held with a
deathlike grip.
The car had been moving at a rapid
pace, and wltu such a short distance it
was impossible for Motorman Younger
to stop nerore striJctng ber. The fender
of the car was low, and struck her on
the head, pushing th woman off tha
track. The arm that was over the rail
In front of tire woman's face was part
ty cut off by th wheef running upon It
ine axun wa fractured bv tha fen
der striking th head, and several minor
bruises were sustained about th face
and neck, c E. Hlatt. conductor, ran
to in woman, but death had been In
tantaneou. The body was brought to
rorctana on tn train, and taken in
charge by the coroner. An Inquest will
o neio. .
Wall Known aa Hasiolaa.
Mrs. Ilelaey la the daughter of A. B
Glbts. who reside near Oresham. snd
on or th oldtime residents of the
district having takes up a donation
laad claim there Is th eaiir da ra.
8h was educated In Oresham sad la
well known as a musldaa and artist.
Several sisters and two brothers sur
vive her. ss follows: lira LrtcklBscm.
or California; sirs. Bwabls. of Tarama;
Mrs. Roblnaon. sf Oresham; sirs. White,
wb Jtves with her father swar Oresh
am; Mrs. Ads rranlrfch, of Portia sd.
of
front of their homes on th evening oi
September 11. '
The following morning the dead body
of the Percopla girl was found under
a culvert in an isolated section of the
city, while Freddie Infuslno was found
dying nearby. The boy died a few
hours later.
Fannie Infuslno, a. sister of Freddie,
escaped with a bullet wound in the
arm.
Rizzo's arrest followed several days
later. He is said to have held a rudr I
"gainst tne parents.
The Jury this afternoon found him
guilty or murder in the first degree.
HOOKWORM HITS
FOOTBALL SQUAD
ley Is Welcomed.
! CHIEF OF POLICE
WANTS CLEAN CITY
(Special DUiwtcb to The Journal.)
Walla Walla, Wash., Oct. 21. Th re
ductloa of the freignt tariff on the O. R. " his efforts to clean up and Improve
& N. between Walla Walla valley points the moral condition of Portland, Chief
and the coast, of practically 2 cents of Police Cox has issued Strliiirent nr.
Athens, Oa., Oct. 21. The baneful
hookworm, to which scientists attrib
ute tne lassitude and lack of energy
among southerners, has made Its ap-
ticiuiuice among me university of Geor
gia football squad, and the college
physicians are of the opinion that this
accounts for the poor showing of the
icttin inis season.
Dr. J. C. Bloomfleld. president of the
local board of health, has examined
the students of the university at the
request of the faculty, and he re
ported that at least 30 per cent of the
men ware suffering from the peculiar
parasite. Many of these students are
from the wealthiest families nf rh
state, discrediting the belief that the
wuim was prevalent only among tha
poorer Classes or whites.
per 100 pounds, was announced here
yesterday. The rate becomes effective
November 1.
This reduction means the saving of
thousands of dollars to the farmers and
shippers of the Walla Walla valley, and
adds more than 1 cent a bushel to the
value of grain. For years there has
been an effort made to secure th
reduction. The rates, new and old, fol
low: Old rate. New rate.
Walla Walla 16i
Dayton .16
Waltsburg . . 16Vi
Pendleton 151
Wallula 15
Prescott 15
A reduction from Walla Walla valley
points to Spokane ts also announced,
making the rate 17 instead of 19
JOT
14 '4
1414
13
13 U
13
STEFFEN MURDER
CASE IS CALLED
RECEIVER W
SUE DIRECTORS
(United Press Leased Wlre.l
Lewlston, Idaho, Oct 21. The trial
of Robert Brant, a rancher, suspected
of killing his neighbor, Henry Steffen,
at Jullaetta last spring, began In the
district court here today. Brant plead
ed not guilty to a charge of murder.
Steffen was shot while In the kitchen
at his home. The bullet was fired
through a window.
Hioodnounas were placed upon tha
trail of the murderer, and the dogs led
posse to Brant's cabin. Other cjr
cumstantlal evidence in the case is that
Brant was seen armed with a rifle the
night of Steffen'a death, and he Is also
said to have been overheard threatening
Bteiren.
DAUGHTER DEATS
1THER-M
An order permitting Receiver T. C.
Devlin to sue the directors of the Oregon
Trust & Savings bank for sums alleged
to have been lost through mismanage
ment win in an probability be signed
by Circuit Judge Gantenbeln late this
arternoon or tomorrow. This will clear
tha way for the complaint filed a few
days ago by A. E. Clark as attorney
for the receiver.
Judge Gantenbeln explained that he
Is withholding his signature from the
order because of one small point that
he desires made plain before he at
taches his name. In 'the order permit
ting the suit to be brought it will he
stipulated that this will not in any abusive character, the other was sus-
aers to nis men, and announces that
they must be obeyed. The action of the
chief is in cooperation with the Muni
cipal association to put down the social
evil, and further efforts to muke the
city on among the cleanest in the
country. The chiefs orders issued to
day are as follows:
To Captains of Police Instruct all
officers to give close attention to the
moral condition of the city and keep a
sharp lookout for gambling games,
women soliciting on the street
maquereaux, etc., and wherever evidence
can be obtained against people of this
character, that In the Judgment of the
officer would insure conviction in court,
uiey must De arrested and brought in.
The officers must be viligent in this
matter, and give it their closest atten
tion and endeavor to rid the city of
these undesirables. ' " ' ;"
A. w. COX, chief of police.
J0ILY CONSIDINE
GETS FRISCO HOME
(United Prees Leased Wire.)
San Francisco. Oct. 21 Tt mm
learned today that John Consldin of
the Sullivan & Consldine vaudeville cir
cuit has secured a half interest in tha
American theatre In this city from Ab
Cohn and Ed Hamen, owners of th
Market street playhouse. Tne negotia
tions are not completed, however.
While this does not give Consldine)
control of the theatre it assures him a
permanent house for his attractions In
San Francisco.
The purchase will directly affect
Grauman's vaudeville theatre, "th Na
tional," aB it means that Grauman will
probably secure no more acts from tha
Sullivan & Considlne circuit
Cohn and Homan both affected sur
prise when asked about the deal. Ho
man admitted that mere was "some-
tiling doing" but that he had been sworn
to secrecy.
Consldine is now at Los Angeles, hav
ing left for the southern city yesterday.
MAIL FROM EAST
MAKES FINE TIME
Colfax, Wash., Oct 21. Because she
assaulted and brutally punished her
aged mother-in-law, blacking both her
eyes and otherwise disfiguring her face,
justice xoung oi anornton today fined
Mrs. Mary Witte, wife of Ernest Wltte,
one of the wealthiest and most prom
inent pioneer farmers in Whitman coun
ty, $99 and costs, releasing her on her
own recognizance until 10 a. m. Friday,
when she is to appear and pay the
fine, under penalty of being committed
to -the county Jail in default of navment.
Bad blood is said to hav existed be-J closer touch with the eastern business
tween Witte s wife and mother for some world by mail by practically 24 hours.
rim A A ntf rafnr flu n..An ...... V. V. . . . , . . . J "w"'
time, and recently, when each be can to
receive anonymous letters of a decidedly
For the first time In Its hlstorv Port
land has been experiencing for the last
10 days a mail service from tha east
faster than all previous services by 24
nours for all practical purposes. With
the innovation October 10 of a fast
through mail train on the Harrlman
lines out of Chicago, mall leaving there
at 10 o'clock In the evening reaches
Portland at 7:50 o'clock on tha morn
ing of the third day, instead of in tha
evening of the third day, as hereto-
ro re.
By its esrly arrival the mall Is de
livered during business hours of the
same day, which brings Portland In
way affect the settlement by the German-American
bank of the accounts of
depositors or the defunct bank and will
not result in delay. Claims of all the
expositors must oe paid not later than
January 12 next under the agreement
heretofore made ,when the German-
American took over th assets and as
sumed tne liabilities of the Oregon
i run.
HOUSES IX SUBURBS
X0W HAVE NUMBERS
Residents of Ross City Pars, Ross-
mere snd all thos suburban districts
lying north of Kaat Stark street nii
east of East Forty-second street msy
find out whst ths numbers of their
residences should be by applying either
in person or oy mall to tha city n-
Th work of arranging th n nurturing
schema for tbs large area of terrttnr
cuinpnm in in section mentioned has
taken months but has been finally com
pleted. Applicants for house numhm
should glv th number and kmtwm
of their lota.
-
fa-cord Price) tor Land.
Hood River, trr, Oct- 21. The M-s.
est ftlp ever paid for orchard land I a
pected of being the author.
Meeting upon the streets of Thorn
ton yesterday, the women became en
gaged In a quarrel, during which the
younger woman purameled the older in
approved prize ring fashion, knocking
her down twice before restrained by
spectators.
xum ma iocui ousiness interests are
much pleased with this 'new arrange
ment is accepted by the orflcials of the
Portland postofflce, whom experience
has taught to expect comment only in
the event of poor service.
CONSTABLE TAKES
AUTO TO OARAGE
Deputy Constable William Kiernan of
tbe Justice court took possession of sn
automobile belonging to Charles F.
Fisher, a broker in th Hamilton build
ing, and drove it to a garage whers it
will remain until th otrner outs un
$190 In satisfaction of' a Judgment In'
ravor or Bradstrect st Co. Mr. Fisher
drove to ths Chamber of Commerce
building on some business snd while hs
was Inside, Deputy Constable Kiernan
cams along and levied on tb machine.
Hosd River valley wa psJd yesterday
wheel Cird . Mason of Olan Mr.
cbs4 ! acres sf a-year-old tree from
Mr. Radford for $lCr.
TRADE SCHOOL WILL '
KEEP OPEN HOUSE
The trads school at ths Atkins.
school. Twelfth and Davis streets, win
hold ope a hoes teapot row frmi
o'clock is th morntnjr sntil I 11 la tb
afternoon. Th school la sow running
and tb frlerxis of ths Institution ar
Invited br Frlncipsr Hamilton t visit
th schoiixotns snd see for themselves
whst ts be lbs- doMfthsr. i
RABBITS DEVASTATE
RICH VALLEY LANDS
(Speetal Dl patch te Tba Journal.) "
Walla Walla. Wash., Oct 21. When
the cold weather of last winter cam
on. freectng the Columbia river, thou
sands of rabbits crossed the ice from
the mainland to Blalock's island, and a
hunt is being organised for November
20, at which time an attempt will ba
mad to exterminate th pests. Sine
th Increase of their number through
breeding thla summer, I he animals
threaten to destroy everything on th
island. Fruit trees- sre being ruined
and vegetable crops devoured, and ths
hunt will b one for extermination
mors than for th Tieasure of hunting.
SEATTLE MAN FOR
MINISTER TO CHINA?
VMte Pre LM4 Wlra )
Washington, Oct $1. An vncon-
nrraeu report is in circulation her that
Judr Thomas Bark of rValtU, Wsih,
has be offered th post sf nt1atr
t Chin ts sucf l Chare ft Oan
f Chicarn. wb waa recalled ts VTaaiv.
mirum sn th M hit dpsrtr from
an Franrtsrs fn his wtt and mhra
resignation subsequently follow