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Cunday Journal 5 cents: or 15 cents
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nal, . by carrier, delivered. , " .
YESTERDAY WAS
v
anil
e!eo
VIE FLltSj
TJie wcatjier Fair , tonight and
probably Thursday; warmer .'
raet; i
arrlvi"
V po
iViyroL. viii.
NO. 288.
.PORTLAND, OREGON, WEDNESDAY, FEBRUARY,
2,',
1910. EIGHTEEN PAGES.
PRICE TWO CENTS.
ON TR AIJ. S AND V " .
UANLi HVg CLAM
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homers
wmm-
WISIilEII
HAS THE POVER TO
PARTI CI PATE
".''- ' '
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rail
ROT YET SURRENDERED
111 RECALL
NSPECTORS
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.n,Is Is. Inference Drawn From
A, ' Action of Their Association
v in Delaying Plans on the
V Preposition: V; : ' , '.
' ' - '; v '" .
V; jjS k G A ri IZ ATI ON OF .
. ' 'intM I .....
PROJECT NOW IN SIGHT
,ancla
How ,
cnt of Streetcar Com-
iy Promises 20 Second
,f Service to Grounds.
J ..- Portland fair la to be an ax
vr 'm,,ur Individuals rather than f
" ; V . J na.. ; TVhen. eontrarr to ax-
. the Manufacturers' assocla-l
. 4-' t?.jj voted la night to delay adoption
; ot raflntte plana for combining exhibits
ft jtthe Portland Fair association com
.' ', ' J I reorganisation of the project waa
T ipltated, and thta on a. mora ex ten
w ti.oala than wii at flrat thought
ji. Ian, In abort, la to make It worth
'.' I- .'i"iiJds of. every Oregon producer to
oi i that which aistinguisnea tna
rom among other states. The
dv-JfalF association today threw
open to all comera, re-
tba -' Progress ExposI
d Inviting popular aid
advertisement to the
a t k " . r -"- - w ,
r'fi- a leaner among atatea:
J'K i 'r' Wld OP
" Tlit the fair 1
' ,T ' l10."r n1
;r, iking It an
"i
jolya W1U Aaatrt.
M.
o .ins was riven the reorrmnlzed
S thla morning when President B. 8.
lvr tif h Tnrtlani1 T?a llv. v T.lvht
' i';wer company, promlaed tba equlvm-
i4j.st a JO-aecond atreet car aervlee
H j the Rose City line to the fair
.o..da during the time of the fair.
rmber I-10. '.,X'-:
.pilt provide a three-car .tralir to
' at ' r grounds every minuta," declared
i jtjoeselyn. "Equipment will be pro-
'kl'A ! i'&oi Wit"!
i 1 : ''A ' .v. .-.!
Blnger nermann, from sketch from life by Seed.
tov the iM'ond. and no atnD
y '-jjis made tti rough a apeolal corps
'tl apatcbers and opratora, I would
' iVe to ape the Greater .Portland fair
made an unqualified success, aupported
by the people, and representative of the
Mite and city, TO this end X win help
all I car.
, 'go aoon aa traff.'o proepeete Justify
Jlf, Roaa City Una, wui- be double-
eked.' Should the Reed Institute be
f ated In Rose City Park It would make
ir .... .- ii. .,r: . i v i-u
vx posajoie iq ouoi.-irw u. iine moon endant on tha other.
eooner man i now vwvmm we can. it
the , Reed. Institute . should bs located
I acres la this section It would ba
'EAVndous development card for tha
Francis 3. Heney la having bla Innings
today at tha Blnger Hermann trial. Be.
ginning alowly' yesterday afternoon fn
tba erose-examinatlon of Mr. Zletman'h,
be took tha defendant through his aarlr
career In Oregon aAd up to tha time
when, ha began his service a oommla
sloner of tba general land office.
Then ba plunged sharply into Tils auh-
Ject and during all of tba morning sea
slon It has been a game of fence, thrust
and parry,- .between' tha ' government
prosecutor on tha one slda and, the de-
" 'locatl.le
i,V4, S. Uinued on
i niviHf f
Paga Flra)
bloc)
DEATH TO
FIVE OF FAMILY
1 ' , ''-,.v i:
life :
iVtman - and Child ;Dead . in
I burning House -3 Children
1 Dying From Poison H"s-
i'nd and Father Espapes.
. CtTnlted Preas leased Wlrt.J
' ashhurn. Wis- Feb. -2. Poison and
3 i mi fug utuivisu. i
iLiJ-ons usad by unknown1 assassins
I' a' attempt to destroy the family
: U Bebrants here. Tha Behrants
f ' :xl Is praotlcally In ruins, three chll-
Ij ' I are dying of poison . and . Mra,
:l TSU19 a.iu . rn.uvi.uvi ' u jit:,, vij.iu.vii
dead. Behrants ' escaped - with his
tha .effects
' Heney Draws Blood...
Candor compel a the statement that
at different tlmea during the contest
Mr. Heney has passed the armor of the
defense and drawn blood Mr: Heney
haa forced two Important ' pointa from
Mr. Hermann: one that ha had a a-eneraJ
Knowledge or tha fact that school lands
could be, and perhaps were being, used
ror fraudulent exchange under tha lieu
land act of 1901, tha other that had he
made, temporary withdrawal of pro-
posea reserves aa soon aa the lnvesti
gatlona into the feasibility of the-reserves
waa commenced ' that It would
have served aa an effectual bar against
scnooi land or other frauds. -
Thesa two pointa came Into Heney's
possession after much parrying between
tna witness and tha prosecutor, many
trips about various details of land of
flee routine and back Into the main
question, always skillfully parried br
i ine. witness. v ...
w-V.-rfV-,'Xattla-'-oX,Wlt. .
It Is developing into a great battle of
wita between the lawyer and tha de
fendant. Honey knows what he wants.
and Hermann does' too.',' He haa hie
theory of ; his ' defense, as mapped ; out
In hla direct : testimony, where be de
nied any knowledge of the Blue Moun
tain conspiracy and contended that he
did not know.tspeclflcally. of any school
land frauds until tha ; recelDt of , the
Zabrlskle letters In: 1902.x
Ha haa contended , that he knew of
publlo land frauds, and had "".insisted
that the lieu, land act be changed or
repealed to do away with these abuses,
this' being the main ; syloglsm of hjji
reasoning, that because Of his Insist
ent demand tipon.tue secretary.and con
gresa for a ohange in tha, law, and hla
refusal, to make reserves .until 'that
change had been made, It was arident
that he had been .faithful to his duty
and had ombatted to , tba best Of his
ability irregular practices in land ac
qulsition. "... . . v ..
Mr. Hermann, 4n his direct testlmonr.
au mi nea icat ne Jtnew or vaat rrauds In
tha timber lands of the west, and that
It waa because of these that ha desired
the repeal of tha lieu land act - ? -V'
It waa because of these that ha com-
batted . the creation of reserves. Mr.
Heney tb is morning has secured ground
ror argument from Mr. Hermann's croea
examination that if. Hermann knew- of
the vas;t frauds under tha .timber, and
stona act and the creation of reserves.
that ha must have suspected that these
same land thieves would not ba above
using the school lands of. the state to
serve their purposes. , v
Heney has also, gained cause- for ar
gument that' Hermann ' could have
stopped lieu land abuses very largely
oy matting immeaiate withdrawals as
soon as the creation of a reserve was
contemplated. i':.s;:.r: ',: ..' r'- ..... .
. Opens Cross-examination.
Mr. Heney opened his cross-examina
tion by . asking' Hermann how long he
had practiced law. He asked him -If.
as receiver or the. land office In 1873.
he made himself familiar with tha land
lawa of tha nation. ' .
Aniweting Heney's questions. Her
mann said he did not have knowledge
of extensive timber land claims taken
under-the homestead act while ba was
receiver , of the land .office. He- had
held then that if a timbered section
could be cleared and cultivated It could
be taken as a homestead claim.
sCornellua N.- Bliss of New York was
secretary : of . the Interior when ha be
came commissioner of the land office,
Hermann said. - Bliss seemed to have
knowledge of conditions of the west
Peoplek Said to Have Already
; Tired of ;His :"Rough Neckr'
'' : Tactics In San . Fraricisco-
" Reflection on Party;
UNION ; LABOR GIVEN
....- .
- BAD BLACK EYE
'
Leader Defies His Enemies and
Declares That He
. Make Good.
' (ltHl DUpateb to Ike JoaraaLl '
San Franclsco, Feb. J.The recall
will probably be Invoked In tha ..case
of . Mayor McCarthy aa tha votera are
ahowing reatlessness under his Trough
neck" tactics which are reflecting upon
union labor all over the country. The
city la In no humor to. stand much non
sense. This view haa been suppressed
bat It Is the correct one,
San Francisco, Feb. J.- With a sweep
ing defl to tha critic of -his action In
decapitating the .city and eounty com
missioners who were holdovers from the
last . administration, .Mayor . McCarthy,
according to hia , declaration .today,
would be mora than .pleased should they
Invoke tha: charter provision for a fre-
call. ... . :." i"i v - " '
The mayor is apparently confident of
his strength and believes the city would
set its seal of approval upon his radical
course. In announcing his position con
cerning tba threatened recall, ha direct
ed' much s&rcaam at the members of
eertaln well known San Francisco clubs.
Ha said:1. - .
Tf tha gentlemen who frequent the
Bohemian and Pacific Union clubs, and
tha gentlemen .In skirts who frequent
another dub in this city want a fight
will. give it to them, and to a finish.
Ifth.eys atart tha xeoall-iwlll aea that
they get tha necessary signers to their
petition. - wa. will find out where we
stand with tha people." . , 4 y , -
Norris of Nebraska b:End to Inspired
RumorThat Anti-Candidates Have Been
Tamed r by: Speaker Will Stand for
, Krnnrpccivp i PfiiciMrinn . x
".'f ' ' ' '"" ' "
'4 " ', , . , "... . .
' ' IVtMmA riM ImuA WlM.t '
Washington, ' Feb. . 2.--RepresentatI?a
Norris ' of Nebraska, ' todsy announced
that reports to tha effect that tha house
Insurgents have retreated from . their
early position are without foundation
snd asserted that they propose to con
tinue their original plan of campaign
without modification.
'Wo have not been tamed and wa
have not laid down' In our Insistence
that the Republican party live up to
the platform pledges," declared Norris.
'We have been represented as navmg
been opposed to tha president's poli
cies and having been Just brought round
to his support .This la misrepresenta
tion. V- .- ' i V: V"
We-have always been . favorable to
President Taft'a policies Insofar as they
follow those of former President Roose-
elfs." ,.'".
Norris declared that tha "machine" is
trying to club tha Insurgents Into Una
for Cannon 'by threatening to block
legislation and put tlte blamo 'for the
delay upon tha Insurgents. '
Ha declared that hla-colleagues would
not' go Into caucus with, the regulars
because he believed that the machine
would force - vlclotis Jokers' - Into . any
progressive legislation. .'
. Tha Nebraskan . said that If ,tha ma
china leaders wsnt the Insurgents . to
support certain measures, they must
bring tha bills to the floor of the houso.
where, if tha Insurgents consider them
.to ba good legislation, they will sup
port them and fight for them. ...
. Norrla said that Insofar, as the real
object of their. campaign. Is concerned,
tha Insurgents' have not wavered and
that in supporting soma of tha pro
poaala of President Taft which are In
dorsed by tha regulara, they are carry
Ing out their original Intention to fight
for all legislation which they consider
progreaalve. ; . , , ?
R
AILROADS TRY
TO GRAB STREETS
WORTH $200,000
JOHNSON UNDER
(Continued on Pas Fourteen.)
.-. ."(Doited Press Leased Wit.) V
New Tork, Feb. 2. The court todsy
fixed, the ball of $2600 io assure the
appearanca , in court of Jack Johnson,
to answer charges arrowing out of his
alleged attackupon Nathan Plnder, an
other negro, in a New Fork cafe. :
Counsel for Plnder demanded that the
bail ba fixed at $10,000. The court re
fused to name this amount, declaring
tha pugilist had too much at atatte to
"Jump" aven tna smaller amount
Johnson was scheduled to leave New
Tork for Detroit this afternoon. . He
refused t6 comment upon tha attack ha
is cnargeo witn navmg made upon Pln
der, which is said to have followed
Plnder's refusal to buy him a bottla of
wine.
Harriman Lines and Northern
Pacific Terminal Co.' Sue for
Location of Parts of Twelve
EastSido Streets.-" ."'"..v
Proceedings have been begun by, the
Harriman ' lines and 1 tha Northern. Pa
clflc Terminal company for the vaca
tlon by the city of streets which will.
If the council pssses favorably on the
oetltlon of the railway companies,
mean' the loss to the city , of ISO feet
of waterfront and nearly, four acres
of property In the vicinity of the East
Portland station of tha O. R. & N. com
SHORTAGEOFBIG
BOXCARS CAUSES
SHIPPERS WORRY
Attorney General Crawford
Says' Law of ;1 905 Bailey's
v Authority to Name Deputies
. for . Work in Portland. .
STATE CANNOT PAY
, V " ADDITIONAL SALARIES
litest "Dilatory Objection of
State. Dairy Commis--;
sioner Falls Flat. '
Coast Manufacturers Would
Have Suffered tf ' Harriman
-. , K "...
Lines Carried Out Policy to
,Keep All Cars In East.
pany. ;
The,
most valuable city property
UMATILLA MURDERER , yX
SENTENCED FOR LIFE
(Spedil Dlipatca to Th Joonut .
Pendleton, Orn rob. 8. Claude W.
Arnold, alias George Tracey, eonvioted
of murder in tha second degree for tba
brutal killinj of Andrew Babeal near
Umatilla, waa : sentenoed to . Ufa ': im
prisonment In tha penitentiary by Judge
Bean thia morning.
sought by tha corporations lies between
Pacific avenue and East Irving street.
These two thoroughfares and Oregon
street run through to the river in the
plat furnished by the railway com
panies to the city assessor and aa each
one is a 60 : foot street the city there
fore owna 150 'feet -of river frontage
which; is assessed at $300 a foot. Blocks
38 and 39 In that section of the city
are' assessed at $50,000.
Property Worth 9300,000.
With this figure as a basis of cal
culation the land asked for by the cor
porations, is Worth $200,000. But on
account of the" fact that the property
is cut up into strips 50 feet , wide It
probably should not be valued at that
figure. Deputy Assessor Nortn says,
however, that $100,000 would be a very
conservative estimate. v
The city ordinances require notices
Of, petitions to vacate publlo streets
to be advertised. 24 times In the city
official paper before action Is taken
by the city .council. The railway com
panies will have complied with these
ordinances by the time the council meets
on February 9, when a formal petition
win be presented to that body by the
corporations interested.
A strong fight win be made in the
council by the United -East Side Push
clubs to prevent the streets being va-4
For aeveral days - furniture automo
bile and. vehicle shippers have been up
In arma , against ' the Harriman. system
because of an order issued from head
quarters In New York to .rush every 50
foot box car back to the middle states.
Continued on Pag"e Five) -..
where manufacturers of furniture, auto
mobiles and vehicles' are making life
burdensome for the traffic men because
of a aerlous shortage of suitable cars in
which to distribute' their output.
The instruction read that none of the
Ta ro-a ran cnrrvtnir frfaferht orts-lnatlna-
on the Pacific coast should ba sent east. cu'
beyond Cleveland, Ohio, nor to points
west of Chicago, and that unless loaded
tor this comparatively harrow strip
they should be rushed back to Chicago
empty, '"'
JDealers Sea Danger.
Local manufacturers and dealera Im
mediately saw the danger of being de
prived of facilities for making prompt
shipments and for several days the of
fices of the system In this - city were
flooded with' appeals that the ; ruling
not be enforced. In this the applicants
were not entirely successful, but the
numerous complaints did result in a
modification to the extent that until the
congestion In the middle states has
been relieved. 60 foot box, cars now on
tha coast may be used only for ship
ment of furniture, automobiles and I
vehicles. Notice to this effect waa re
ceived here today
Heretofore It has been found expedi
ent to use the large box cars In ship
ping hops from the Pacific coast across
the continent , . v.
- V .Practical for lumber.
They have also been found practical
for lumber, In iv cases, ror instance,
where tha shipper had more than enough
to fill one 30-foot car, but no enougn
for two., But these practices will have
' (Saltta Borwa ot Tt Jnurnl.) .
Salem, Or., Feb. 2. Attorney Oenerat
Crawford said today that when he gave
It as hi opinion that It was doubtful
if the laws of the state gave Dairy 'and
Food Commissioner Bailey authority to
appoint mora than .threa deputies, he
overlooked the law of 1905, which au
thorises tha commissioner : to' appoint
as many deputies as may be required
from time. to time, provided they Serve
without pay from the state.
Until called to my attention I nan
overlooked the 1905 -law completely,
aald Mr. Crawford today. "Ana it i
very probable that the 1905 law Is not
repealed by . the act of 1909, though I
will have to examine both statutes care
fully before making a positive state
ment. It may be that tha 1905 enact
m.nt will make U possible for deputies
to be sppolntted by the .dairy and food
comniissloner, to act unaer auuiomy
delegated to them by the commissioner
but racflvlng pay from a municipality."
: Attorney General Crawford's changed
view of the law leaves Commissioner
Betley without further excuse for re
fusing to cooperate with the city health .
board In Ita efforts to Improve the milk
supply of Portland. Prominent attor
neys who have looked Into the ques
tion, among them Mayor Simon, have
never doubted the right of the dairy
Commissioner to appoint additional dep
uties. ..provided -tha state Is not eallwl
on to pay their salaries., The autlioiiiv.
conferred ' by -the law of 1905 Is still
In full force and effect. There Is noth
ing In tlie act of, 1909 which repeals
this-provision of. tha earlier statute. .
; Tha Importance of the question raised
lies in .tha fact that unless tna city
milk Inspectors are also appointed as
deputies of the state dairy and food
commissioner, they will have no author
ity to Inspect dairies outside of tha city
limits. 'This authority Bailey at first
agreed to give them, but he afterwards
refused to do so on . the pretext that
he had no right to appoint more thmi
threa deputies, even thpugh the auvu
tlonal deputies were to be paid by the
RFlOVEOFROM
v (Continued on Page Five.)
but is eufTertng- from
I
V ,1 a-"
jf'Tha Behrants home was discovered!
i i be on fire early this morning. Nelgh-
't'fcfi who responded to an 'alarm ftfund
fcrants, clad In his night clothes, run
njf about tha yard apparently erased
jfroni pain. 4 ,
'.Rescuers entered' the burning home
and found the body of Mrs. ' Behrants.
lit her arms waa the dead body, of I
her , child. Neither i had been touched
the flames. t i -
r)re4 other children were found in
1r be room unconscious and dying.
investigation by the authorities la
ler M-ay.1. Behrants declared that he
tdu'd not ascribe!-a motive for-' the
jboosed crime, . , ? '
fST PICTURES ARE
rv WITHIN REACH OF
JOURNAL READERS
V V Jurnal offers Its readers
j )st Mtogravure. reproductions - of
t'l ' ) of the worlds best pictures
yt t- a vredlt.to any home.
.u idbiuucq lift v.lKax,
Blsson "The Horse
"a Bonheurr-.;"Th
W.j Samuel Flldes, and
by four em-r
are of atrlk-
.i ,. ,
r1 f..- -i'vwi mm which,
'Jw With the hlh.t
t i
'
-
:
rat.fa tfd Bi
' . 1 1 , Minvuc S
(,U l -ui -pictures b'
r;ifta that are
LI . f erent appeal
1 ' nnn wtf h 4k
i
W
w
n
'J
11 II
It '
'"Jit,
r
. " v :
'
WRECKED HIE
" i. .
Search : Is Continued for 24
Bodies Believed . to Be in
TunnelsCareless Laborer
May Have Caused Disaster.
afvror
ltf . lt Of, this issue tells
, Ki"tnese pictures can. be
m
i.
how they can be, secured
ere they can be framed at
rates. Read this great
.ev.-jnijuUraeosW; " ' .- " , "
Exclusive picture of President Taft and the 'governors of the various states recently assembled at Washington to ' discuss'-the feasibility of uniform legislation. From this initial
. conference in 1910 has "come the determination ' to convene, yearly and perhaps the establishment' of what may bo, called a governors' i college in which matters beneficial
iu nu.ine amies wm pe aiscasseti in, me picture Desldes lTesMent Taft are tho following: Seated, left to right, ar Frank B. Weeks,Contleetl ut: John Franklin 'Fort.
New Jersey; Joseph M.Brown, Georgia Almon S. Pennewill, Delaware; President Taft j Augustus E. Willson, Kentucky; Herbert S. Madley Missouri; Martin F. Ansel, Sonlh
Carolina; BryantB. Brooks, Wyoming; John F. Shafroth, Colorado. Standing,, left tc right,, are Edwta ' I "XoWis,' 3fontana j Richard K.:Sljan, Arizona; A. J. Tothler, MhhU
Island;;. W.-W.,. 'Kltchin, Xorth Carolina; AVllliam E. Glasscock, West Virginia; James O. Davidwn,: Wisconsin ;. Kecretary Wilson; James FU Brady, Idaho; Judx.n Harmon. "
Ohio; Beryl, V. Carroll, Iowa; Ashton Shallenberger, Nebraska; Secretary Hitchcock; Adoh'h O. Eberhart, Minnesota; George. Curry, Xew Mexico; It S. Vcm-j South
Dakota; John Benke, North Dakota, - . '5 r ; : - ' . , , .." t ... '
d'nltrd Pftss Leased Wire. I
Prlmero, Colo.. Feb. Z. FJfty-two
bodies .have been removed from tha
wrecked mine of, tha Colorado Fuel A
Iron Co., and the. officials expect to
explore today the ruined tunnel, wfcera
they believe at i least" 84 more bodies
lie. t '
State Mine Inspector Jones ami his ,
assistants are trying to . determine tho
cause of the disaster, v This inspector
Jones ' declared was all but impossible.
Experienced miners who know wvory
gallery and stop of the "mine, are
unanimous In the opinion that the com
pany cannot be blamed for the acci
dent. The mine, they Bay, was one .of
the safest in Colorado and tha officials
had taken every precaution for the safe
ty ef their men.
Three possible causes for the disss,
ter are - suggested. - That one of th
Korean employes disregarded one of
the most strict of the mine's rules ami
lighted a cigarette wiill in the tunuw.
Is , accepted aa probable by many. f
tha miners. Among them the fatallstfj
Korean beliefa are well known, and ex
treme care was exercised at all time
to prevent them from breaking the m!i
rules. One of the Asiatics l-s thmi
a week aga was surprised in tli a -t
of lighting a cigarette In one of the
tunnels. He declared that ft IVm-h
were to 'be .an explosion, it won Id
cur regardless of what he did. llo m
discharged. .- .
s It was also deemed pifIfl fh:
Of the .victims' lamps wa ovi'ti
allowing'. t)) fire to t . ooniMiiim
to a pocket of pa.
The third 'Ihewry enilTfts a jh
premature powiler or ilyiiarn.n:
plovlon. .
Preparations ai hinf ) ' t
funerals of tha .viciimfi. "I n imii!
the Korean sinl J.!-x''.,u ,., -buriffl
here, whlii' timS'i cf c- ) ,
voi'tai'B will ' h" nth'tn to 'In-
hot lfc of I,
it I ',(
t;
reaily Iti
ami ot her
I he r"''iie!
! ;,(
ttf lll.i
hri.i.!
i fr
a.., -