TIIZ WEATHER TEMPERATURES TODAY Boston, 8 a, m.. .63 Portland, 5 a. m. ft Rew Tk., 8 ft. nu 64 Boiie. 6 u m.. . . .M Waah'g. 8 ft. m. 66 Beattle, 5 ft. m...?) Charl'zu, 8 , m. 84 San Tra., 6 a. m. St Chicago, 7 ft. nu 70' Boscburg, 3 a. u. M Xa. City, 7 ft. to. 60 Baker, 6 a. m.. . .4 J - Bt, Paul, 7 a. m. 63 Spokane, S ft. m.. .54 . Portland Hnmldity, 6 ft. m. .....81 Showers t o night or. Wed nesday; south erly winds. . VOL. XI. NO. 118. PORTLAND, OREGON, TUESDAY EVENING, JULY 23, 1912. TWENTY PAGES. PRICE TWO CENTS MrVicE?? AN UNPLEASANT DUTY U.I. REFEilM WE FINDS Krai SIW HAY BE BACK OF PLAN TO BUILD CAR LIME ' ''' Application for Franchise to . Enter City From North Be lieved to Have Been Made - by Agent of Big Concern. ASKS RIGHT TO CROSS NEW BROADWAY BRIDGE 25 Year Franchise JVanted Total Length of Line in "Ttity, Seven Miles. Lending added Interest to the Inter esting railroad situation caused by the rapid developments of the past few weeks In the transportation world with Porftland as the center of prospective expenditures of millions of dollars In Improvements by street car and com mercial railroad companies, was the Strong rumor circulated today that the powerful Swift packing Interests are back of art application made by George F. Heusner for an lnterurban franchise. The proposed franchise ordinance was filed with the city auditor this morning nd It will be Introduced in tho city eOuncir tomr.rfow. Th orrt tn ancer a sks for a 25 year franchise to lay and con struct tracks over and along the follow ing streets: From the northern bound ary of the city along Derby street to Kllpatrlcft street; thence on Kllpatrick to Patton avenue; thence on Patton ave nue to Frescott street; thence on Pres cott street to Maryland avenue; thence on Maryland avenue to Kaillng street; thence on Falling street to Vancouver e venue; theme on Vancouver avenue to Broad way; thence across the Broadway bridge to Seventh street and on Seventh street to Grnt street. Tiie total length of the contemplated line to the city limits would approximate seven miles, it Ik said, and Its terminus on Perby street would make it easily accessible to an lnterurban road that might be brought into the city over the proposed interstate bridge across trre Columbia river. Such a line would tap n. Heir farming country on the Washington side of the river and would be tU cnn-ly valuable as a feeder line for the parking plant of the Swifts on the Peninsula. , th territory-- that would be penetrated by such a line Is admirably aGapted to tho business of hog raising. It Is said that the Interests behind the proposed line are willing to subscribe $100. POO toward a. fund for .the con struction of an Interstate bridge across the Columbia. "Whatever the truth of the rumor as to the lnterurban road may be, tho im portant fact yet remains that the pro posed franchise calls for a line wlt-iln the city limits that Is in itself of con siderable moment. It will be interesting to note what ef fect the application of Heusner will have on. the apparent apathy of the Portland Railway. Light & Power com pany in securing a franchise across the ' Broadway bridge. President Josselya of the street car company stated sev eral months ago that his company was not at all anxious to secure any fran chise on the Broadway bridge. At that time, however, hcre was no prospect of a rival company crossing the span. (Wtihlnpton Bureau nf The Journal.) Washington. July 23 Whether Con gressman Lafferty's announcement that he will support Roosevelt for president will lnterfervWlth the adoption of his recommendations for the appointment of public officials will probably soon be shown by the action of President Taft. Lafferty has recommended a number of applicants for vacancies In the postal service and there is some curiosity on the part of himself and other progres sives to see what the administration will do with his recommendation. IES WI1 J PRESIDENT MAY HOLD LAFFERTY'S PATRONAGE BLUE AND RED ARMIES WILL MEET TOMORROW MFAR F Mi WKH ML.Mll ULIIIM, 1IMVII Invaders rom Foreign Land, the Reds, With resign to Occupy Chehalls Valley, and American Defenders, the Rlues, Now Only Ten Miles Apart. Advance Detachments Have Righted One Another; Night March May Be Made by Blues. (Special to TV Journal.) Centralia, Wash.. July The blue army broke camp at Grand. Mound early this morning and marched to Gate City, IS miles west of Centralia, where the headquarters of Brigadier General Maus, umpire In chief of the War maneuvers, are being maintained. The red irmy, under- command of Colonel Kennon. will remain In camp at El ma until tomorrow, waiting for the blue army under Colonel Young to make an attack. The two armies are now only about 10 miles apart, and the first bat tle will occur sometime tomorrow In the vicinity of Elma. The advance guards of tho two forces sighted each other near Gate City late yesterday afternoon. No shots were ex changed, but each detachment reported sighting the enemy to Its respective commanders. It Is expected that, the blue army will make . a . ioraX - iiiaroh- tonight - 4a - ait endeavor to lake the enemy by surprise. The Blue frmy has as yet shown no signs of fatigue, although Tour mem bers t)f. the Twenty-first Infantry who Justice McBride Says Bunch of Blank Sheets Can Be At tached to One Statement of Petition. - - JUSTICE EAKIN DISSENTS; "TITLE ON EACH SHEET" People This Fall Will Now Pass on $500,000 for State Schools. (Ralrm Bureau of Toe Journal.) Salem, Or., July 23. In an opinion written by Justice McBride, the supreme court today reversed Judge Galloway of the Marlon county circuit court In the University of Oregon referendum case and dismissed the suits. .This means that the referendums against the uni versity appropriations of over $&00,n00 will go on the ballot. Chief Justice Eakln gave a dissenting opinion, up holding the decision of the lower court. This is the first time in his service on the supreme bench that he has written a dissenting opinion alone. The most sensational feature of the majority-opinion is- the declaration that the law does not mean It is necessary to have a copy of the warning and petl tiorv'on each sheet of the referendum petition. In his opinion, Justice Mc Bride says that If sheets are fastened together and a bunch of them Is at tached to a copy of the petition, that is all necessary to make them legal. The opinion takes cognizance of the forgeries of the names, as proved In the trial, and reads a lecture to H. J. Parkinson for participating in a move ment which originated out of commu nity Jealousies, as this did, but the opinion says after deducting the forged names enough remain to cause the pe titions to go on the ballot. Chief Justice Eakln -says he bases his dissenting opinion on just one question, the form of the petition. He holds that every sheet should contain a copy of the petition and points out that the l;iw specifically provides that 20 lines shall be left in which the signatures of each sheet must be written In by the circu lator and sworn to, and says this is plain' intent to -have the warning and petition on each sheets ... , v "This whole act is bristling with pre cautions against fraud in its use," aays Justice Eakln, "and this Is the most Important of them the assurance that the man who writes his name as one of the 20 on the sheet signs the pe tition." ' In the case of E. S. J. McAllister, ap pellant, vs. the American Hospital as sociation and George I). Peters et al. the supreme court reversed the decision of the Multnomah county circuit com I. In this case McAllister obtained judg ment "against the hospital Jassoclatlon, which was Insolvent, and pien brought suit against the stockholders t collect the amount of the Judgment from them t6 the extent of their unpaid stock sub ScriptionSj which action- Is sustained by the supreme court. The other decisions were given as fol lows: John llahn, appellant, vs. Astoria Na tional bank and J. E. Hlgglns; appeal from Clatsop county: appeal dismissed. Diamond Roller Mills vs. M. A. Moody, appellant; appeal trom Wasco county; action t recover money; reversed. IDAHO SHERIFF, SHOT BY FUGITIVE, KILLS HIM (Special to The Juu-nal.) Lewlston, Idaho, July 23. Late last night Sheriff William T. Shockley of Lewts county shot and Instantly killed Jake Simmons, a resident of Ilo, after Simmons had shot the sheriff In the hand while he was attempting .to affect an entrance Into Simmons' house to serve a warrant on a statutory charge preferred on behalf of Simmons' 14-year-old daughter. Simmons was flee ing from the county, and was pursued by Sheriff Shockley several miles from Ilo, In Nea Perce county. A bystander at the ranch stated that Simmons fired the first shot, and that it was returned by Shockley. L were taken sick yesterday we.e brought Into Centralia last night In he ambu lance and transferred to the hospital at Vancouver Barracks. Thirty members of the Idaho guardsmen, attached to the Red army, were forced to drop out from exhaustion yesterday, but the Oregon guardsmen and the Twenty-fifth Infan try made the entire march of eight miles without a single man dropping out. The effective strength of the Blue army Is now 105 officers and 1949 men and the ranks of the Red army rfum ber 142 officers and 2042 men. Lieuten ant Colonel John May, Major ". W. Wilson and Major Frank W. Scttlemeler. all members of the Oregon National Guard, have been appointed by General Maus as umpires to serve with the P.ed army. Brigadier General R. K. Evans, In charge of mllltla affairs, arrived from Washington, P. C, last night and will remain until after the conflict Is wfr- ltwnaif-n)0rp(r- Bert Jr., Inspector general of the western division, also arrived from San Fran cisco last night, to be present at the hostilities. OREGON SOLDIERS IL "Criminal Prosecutions, if Jus tified," Are Urged by Law yer John Perry, Who First Accused Judge.- L . BELIEVED HANFORD QUIT TO SAVE m ASSOCIATES When Kerr & McCord's Rec ords Were Called in, Resig nation Came Fast. (United Press Leafed Wire.) Seattle, Wash., July 23. That Attor ney General Wickersham should take tip the Hanford Investigation where It was dropped by the congressional committee, Is the opinion of many Seattle attorneys today. Attorney John H. Terry, who worked with the' congressional committee here, declares that men involved with Han ford should not be allowed to escape un der the cover of Hanford's resignation. "The resignation of Hanford," said Perry, "naturally closes the case so far as ho Is concerned, but It Is most. cer tainly the duty of the department of Justice to follow up the work of the committee with criminal prost-cutions If It is Justified by the facts which are now obtainable. Hanford "Frond of Record." Hanford aVjfirst Issued a statement saying "ill health" was the cause of his resignation. In later statements, how ever, nothing was said about this, but various other reasons were assigned, lie declared that he was satisfied with the outcome of the investigation, proud of ,hls record on the bench and of the enemies he had made. Chulrman J. M. Graham of Illinois, and Representative V. I. McCoy of New Jersey, left at 11 o'clock this morn ing for Tacoma where they will spend ; the day. They will leave Tacoma to- j night for the east. Representative E. i W, Illggins of Connecticut, left on the ! Canadian Pacific for the east, yesterday. 1 Hanford's Friends Getting Involved. That Judse Hanford was induced to tender his resignation to shut off con gressional Inquiry that tended to In volve seriously some of his most Inti mate supporters,- Is the only tenable explanation credited here today for his action. Just at the time when Hanford and his defenders were expecting the probe to be closed the committee made Its most unexpected move. This move clearly hit upon a trail which had hith erto been covered. There was no mis taking the surprise It caused to the Han ford defense and there was no denial of the report that the probe in that direc tion would have Involved others than Hanford . The Kerr fc McCord Snbpenai, Two blanket suhpenas Issued by the committee Saturday calling for a dozen witnesses and for all the private books, records and stenographic notes lit the offices of Attorneys Kerr and Mr Cord. Hanford's closest advisers were responsible. It seems, for the hasty ne- (Continued on rage Nineteen.) Novel Request Is Made of the State Body to Save Munici pal Light Plant, (Tntf.-rt rrrrr turned Wire Tasadena, Cal.. July 23. Unique in tho history rf corporation litigation Is the action which was authorized by the city council of Pasadena today, la which the state railroad commission will be asked to force the Edison Elec tric company to .Increase its rates for current. Thl;t action Is taken on the ground that tho ICdison company's rates are for competitive purposes only. Pasadena has a municipal lighiing plant, and has reduced the rate from 8 cents, where It stood lour years ago, to 5 cents. Mean while, whatever rate th? city charges, the Edison company cuts under It a little, now selling current for 4 cents; and It is nlleged that the corporation In this way Is endeavoring to force the city to lose so much money on its en terprise that the taxpayers will become dissatisfied and go out of business, leav ing tho field clear for the light trust. It Is specifically charged that Santa Ana, Long Beach. Pomona, Whtttier and Venice are among the cities which have been charged extortionate rates or cur rent to pay for the losses of the com pany in Pasadena. (t'nltrd Pren I.rawd Wire.) Toklo, July 23. Although bulletins Is sued from the palace today state that the mikado is holding his own, court physicians privately admitted that there Is no chance for his recovery. It was stated that the emperor might linger for days or even weeks, or that the end might come at any minute. W hen -the- r mpemr wn i et ' in t morning, aft-er a restless night, his mind was clear, but his fever was high and he wos greatly weakened. The patient slept several hours during the day. PASADENA S COUNCIL 11 ONI RAISEftECTRIC RATES EMPEROR OP JAPAN IS LIKELY TO PASS SOON ETHEL METCALF NOL I Missing Oakland, Or,, Girl Is Found at Astoria, Still Un married, However, (Special to Tb Journal, k . Astoria, Or., July 23 Ethel Metoalf, who disappeared from Oakland. Or. ..June 'Jfi. in lonipany with a man by the name of George Gray, whs located last night by Pollco Officer Bryant, in a lodging house near the Hammond mill. They had been living as man and wife under the name of St. Clair for nearly a month. According to a statement made by Miss Metcalf to Rical officers, her people knew of her leaving Oakland with Gray. She says they left on a freight train for Roseburg, intending to go to Los Angeles, where they intended to be mar ried. Owing t a landslide the train was delayed and they hired a horse and buggy and went to Roseburg, and thence by train to Portland. After staying In Portland a couple of days they were dis suaded from securing a license because of the publicity given the case, and came on to Astoria, Intending to remain until the thing blew over and then go to California by steamer. She had known the man with whom she eloped only about two ,1a vs. Sho is rattier a pretty girl and believes the man Intended to treat her fairly and marry her. She claims to be over 1!. and blames the woman for whom f!ic was working, who, she states, had lieen In the habit of arranging for girls in her employ to visit the rooms of travel ing men and others in the house. How ever, she claims she refused all such requests Miss Metcalf's parents reside at Oak land. Or., and a reward of 1150 has been offered for the capture of the runaways. The shoriff at Roseburg has been noti fied ainl will Unve at once for Astoria to take ttiem back. MAN GETS HEART FAILURE WHEN P0SING0R PHOTO Payton. Wash., July 23. Just as "00 persons at a. social gathering at Moun tain View Park were being grouped f r a photograph, Clarence Miles, druggist at the Harper drug store In this city, was stricken with heart failure. Five physicians Immediately rendered assist ance. M,r. Miles' condition is extremely critical. 0.-W. R. & N. REFUSES REQUEST TO KEEP OLD BRIDGE OPEN In a communication terse and crisp, the O.-W. R. & N. Co. to- day refused to consider the count 4 ty court's request that the old steel bridge be kept open after 4 41 August 10, pending settlement of the rental dispute over the 4 4 upper dyk of the new railroad 4 4 bridge. The letter says: 4 4 "Replying to yours of July 4 4 19: Regret that we are unable 4 4 tr grtmt rntir Terrnest. - 4 4 The letter Is signed by vice 4 4 president and general manager, 4 4 . J. P O'Brien. 4 ABDUCTED- -SHE m GRAY UTCHELL SENT Justice Wright of Washington Would Suspend Sentence; Defendant Absent, l:nlteft Prw !.eet Wire Washington, July 1!3 John Mitchell, vice president of the American Federa tion of I,abor, today was sentenced to nine months In Jail on the charge of contempt of Justice Wright's court In which Samuel Compel s .and Frank Mor? rison also are Involved. Mitchell was absent when sentence was pronounced, having waived the rigiit to appeal Immediately. It was noted after sentence was pronounced that Justice Wright offered to suspend sen tence If Mitchell would promise here after tn obev th Orders or the Court. This, (iompers, Mitchell ami Morrison have already refused to do. The sentence of Mitchell and ths two other labor leaders grew out of alleged contempt of Justice Wrights court through a conflict proceeding out of the boycott of the American Federation of Labor on the Buck Stove and Range company of St. Louis. ISjweln to The J.nirnnl Spokane, Wash., July 23. Shortlv he fore leaving the Spirit Lake, Idaho, Chautauo.ua grounds, where he com pleted his western tour, John Mitchell laughingly expressed confidence in es caping punishment In the Ruck Stove & Range case. In effect ho said: "I have no fear ns to the outcome of the case Involving myself and other American Federation of Labor official. 1 believe the supreme court will reverse the lower court, before which the case Is now under consideration, tho samo as was done in the former case." Mitchell left i:plilt Lake last night for Pontine, Mich., to resume official duties in the labor federation. Sentence Help I.nlxir, Says Nolan. San Francisco. July 23. 'The action of Jud?e Wright in sentencing John Mitchell to nine months In Jail Is an other Instance of the abuse of the In junction in connection with labor dis putes," said John I. Nolan, secretary of the San Francisco Labor council and progresshe, candidate for congress from the Fifth district, today. "There Is not another Instance on rec ord of sentences as severe as those Im posed by Judge Wright on the Federa tion of Labor officials for what he con sidered violation of Injunctions Issued In the Buck Stove case. "However, Judge Wright by his ac tions Is contributing more by his abso lutely unfair rulings to the cure of the injunction evil than any force that labor possesses. "Either at this session of congress or In the next labor will certainly get some recognition In regard to the killing of this evil. Mitchell's case will be ap pealed and the higher court will decide In his favor." jPlngue in Porto IUco Is Alarming. (t'lilted Pre Leaaeg Wire j 'WasTilngton."July";3.' rubllc "health service Officials here today are alarmed over the plague situation In Porto Rico. Of 42 cases recently reported 23 deaths have resulted. N ENCED TO 11 N PRISON FOR CONTEMPT DARROW TRIAL WAITS; JUROR IE LL WITH APPEND Cms Clarence Darrow Likely to Be the Last Witness Called by the Defense, tnnlteil Press T.sefl TTlre.l Los Angeles, Cal., July '.':! The Par row trial was again postponed today on account of the illness of Juror L. A. Leavitt, who is at his home in El Monte, threatened with arpendieftls. Judge Hutton slated that he woubL wait an other day and If the Juror did not show signs of recoverv. he would consider resuming the trial, calling the 13th Juror Into the box. Le Compte Pavis. former McNamara attorney Is expected to be the first wit ness. .Clarence JJarrow himself, is ex-pe-ted to take th- stand. He will be the last witness for the defense and will be Interrogated by his chief coun sel. Earl Rogers, and cross-examined by Plstrlct Attorney Fredericks. The rebuttal by the prosecution will be very brief, according to Fredericks. The district attorney Is uncertain with regard to calling Harry Chandler, of the Los Angeles Times; T. E. CJibbon, a poli tician, and others to offset Steffens' testimony with regard to the plea of guilty of the McNaniaras. It Is predicted hy both sides that the case will go to t ho Jury within three weeks. M'rilfrd Ptpm Lrnspd wire ) Washington, July 23. -- Democratic leaders today are trying to end the dead lock between the house and the senate er the naval appropriation bill. Sen ator Tillman and Congressman Cregg are urging a compromise between th position of the senate two battleships -- nnd the refusal of the house to sanc tion the construction of any. Tillman and Cregg urge the construc tion of the fastest and most powerful battleship afloat, which is to be capable of making 35 knots an hour. The house Pemocratic caucus tomor row will consider the proposal. FRIENDS OF LORIMER Pt AN DEMONSTRATION n'Dltd Pr- !.-sm! WIre.l Chicago. July 23. A demonstration by thousands of friends of William E. Lorlmer, recently deposed as a I'nlted States senator, will be held here tonight In Orchestra hall. Lorlmer will be the principal speaker. NAVAL MANEUVERS TO ENGAGE 44 VESSELS ;('nltd Prey I.'iued WJr Ve'wpb'rt,"Tt.r, 3uly"JX Maheu vers which amount to a. sham battle, in which 13 battleships, SD destroyers and . nine submarines are participating, started near Block Island tarly today, . NAVAL APPROPRIATION BILL 'TO BE APPROVED . MEETS; Sweeping Concession for Com peting Interests Granted, by Street Committee of City Council, After Long Session. RIGHT TO CROSS NEW STEEL BRIDGE GIVEN Harriman Road May Fight the Bridge Agreement; City Plans Belt Railroad. The streefcornmlttee of the city coun ell at a, special session lasting from 10 o'clock yesterday morning until lata In the afternoon aaopted every section but one of the proposed ordinance granting to the Hill interests franchise rights which will enable the Hill roads ' to tap the rich east side shipping dis trict now served exclusively by the Har riman railroads. The Bingle exception was that in the case of East Third street on which the common user al ready applies. The only reason that part of tho franchise was not reccom mended for passage was that that ths , Harriman officials protested they.WOUld be placed at a disadvantage unless the ' council -should- grant them th aittr prlvlleges sought by the Hill roads on the street. Section 12 of the franchise ordln-, ance provides that the Hill lines may. operate over any part of the Harriman track or on Fast Third street or over any spur or side track from tfcftt street that may hereafter be constructed by the Harriman companies. Harriman Lines Beijuest. Superintendent Campbell of the South ' em Pacific and Vice President and. -Geieral Manager J. P,-0'Brten of the'' O.-VV. It. &. N. Co. contended that the Harriman roails should be granted ths! same, privileges over any tracks that might be constructed by the Hill roads, hereafter. Rut the committee decided! that the proposed franchise is belntf' sought and will have to be paid for by the Hill Interests and that It would not he proper to gl-atit any rights to a rival road In the same franchise.. The matter was referred to City At torney GTant, who wilt draft a separate franchise ordinance fr -the Harriman companies. This and Section 12 of thS ' HiH. 'franchlse will, then be considered together at ft special meeting of the committee to be held next Monday morn ing. At that meeting the committee will ' undoubtedly recommend the passage of the Hill franchise as a whole. Not only did the cpmmltte adopt the orlg! inal provisions of the Hill franchise, with the' exception of Section 12, yes terday, but it also voted to Incorpo rate an Important amendment submitted by the Hill representatives. Hill Amendment Adopted," This amendment gives the Hill line a franchise to operate freight cars down North FYunt street from the Hill yards to the west approach of the new Steel bridge, thence across the bridge and ths ' east side . approach- H Kast Seeetnl street, down that thoroughfare ta East'5 Ankeny. diagonally cross block-65 ta Fast Third street and thence to the common user tracks of the Harriman roads at East Third and Pine streets Attorney C. H. Carey of ths HU1 linst, - (Continued on Page Three.) Radical Revision of Sherman Law Recommended as, an Early Remedy, I rn1te Prs l.tmrnt Wire.) vTashington, July 23. Characterising 1. the present labor system in the mills Of tho I'nlted States Steel corporation as "Inhuman and Iniquitous," the Demo cralic majority of the house steel trust,, investigating committee, headed vby : Chairman Stanley, which Inquired into the operations of the steel trust, coifc-I ppted Its report today and has prepared: three bills which recommend radical re. vision of the Sherman anti-trust law. Congressman Gardner announced that! ono and possibly two Republican minor-' ity reports would be presented. Congressman Littleton of New York will present an Individual report, in. which he will oppose the plan to lm-l pose the 'T)urden of proof" upon cor porations sued as monopolies and re-v quiring them to show that their eom binatlon is not an unreasonable one in restrain of trade. (I'nlted Pre 1 tni Wlre.J-" Macon, Ca , July 23. Drgge4 from her home at midnight, stripped of her clothing and horsewhipped toy tlife men, Miss Elsie Carter, a comely young 1 woman of Dublin, Ga., is In a danger- ous condition In a hospital her today with her body from the waist dowij eo? j ered with welts. - v Although Miss Carter refused to d! (tsT,"tfi 11 f'twrttry fir sk??, toe slater told tha authorities that she ? whipped because she spurned th ov 't V. (X Doaler. aged IS- who f i- ' ' . ated with her. STANLEY COMMITTEE SAYS LABOR SYSTEM IS MOST INIQUITOUS GEORGIA YOUNG WOMAN HORSEWHIPPED BY MEN