The Oregon daily journal., April 21, 1913, Page 5, Image 5

Tin: or:;xon daily jou
i t r t
i.iiii I a,
Portland, Monday evening, ai 21,
1313.
111:;
SSES TV0
IE OF FAMOUS
W FRAUD SUITS
Indictments Against Former
Congressman John N. Wil
liamson Dropped by U. S.
Attorney; 3 Cases Remain.
the
pie-that
On '.motion of K. A. Johnson, United
fctutea Attorney, this morning, two
more vf the famous Oregon land fraud
cases,, which Involved many pf ; tl
prominent citizens of the state, were
, dlmiilnKcii In .the l.'nited States district
. court by Judge Wolvcrton. Both of ttie
' cants wete against John N. William
son, former congressman, and now a
well Rnown resident of Prlnevllle,
.'.',' Hack of the canes Ilea an-Interesting
history. Williamson, along with Van
Ursner and Marian n, Biggs, a proml
nent atto'Cney of Prtnevllle, were In
" dieted early In J 905, during the- regime
of A'nitfil Htntes District Attorney
Francis J, Heiiey, when the land fraud
. case were siarted which eventually .In
volved Senator Mitchell,-,
In thin indictment they were charged
with conspiracy to suborn, perjury, and
it grew out o; efforts of . Williamson
and Gesmer to obtain ranges for, ' their
heep and cattle In Crook county. 'Biggs
was Jointly imllcted toy giving them
legal' advice that tliey were within the
i law In doing vv.hnt tlicy were accused
;of, It took three trial in :905 to con
vict them. Oesner and Bigg were con
lie led early In the game, but It was not
until the third ; that a Jury said, that
Williamson was guilty. Tills .was the
f unioua alleged : "band-picked" Jury of
w wiium .1. Burns, the detective,
. Xtfnaed to Ask Pardon.
Judge DeHave.n badt'preslded at
former cases when -Hie - Juries
agreed. . Judge Hunt of Montana
- nlded the third time and ordered
the Jury be drawn direct from the box
containing the names of all the eligible
freeholder of the state.
It was charged that the defendants
bad cautied timber and stone entrymen
.to coino ;n and nettle on the lands they
desired and to swear falsely In making
: .their affidavit as to their intent as to
permanent residence ,and ownership
after hey had proved up. .
Williamson, keeausciof being a mem-
ber of congress, bad the privilege of ap
. pealing direct to the United States" su
preme court under a constitutional pro.
vHUm. In 1908 that body reversed the
conviction and ordered a new trial. The
: other two df fendants were not so for
tunate in their connections, and had to
appeal to the circuit court of appeals.
That body affirmed the Jury decision.
Biggs was beseeched by his -f riends
to apply for a pardon, on the strength
Of the charge that the Jury had not been
aiunre. Biggs refused to do this, say
ing that he had never done any. wrong,
and at that time made some sensational
ly, bitter statement of his attitude
toward the government. He and Gesner
each served long Jail sentences and paid
heavy fines. '
No fourth trial of Williamson has
ever been had and this case was one
of the two dismissed this morning.
Three CaMs Be main.
The other case w as one in which Wil
liamson WAS Indicted along with Sena
tor Mitchell; Binger Hermann,- commis
sioner of the United States land office:
.-Franklin P. Maya,. Wlllard Jones and
others, for conspiracy - to defraud the
United States of public lands. Mitchell
died, of a bioken heart It is said. Jones,
Sorenaon and Mays were convicted, and
Hermann's case, after the Jury had dis
agreed, was dismissed by Heney. As
the same reasons applied In Wllllam
aou's ease that had obtained in that of
Hermann's, he was neve,! brought 'to
trial. ' ' -' ' '
Negotiations for both dismissals have
been going on for three years, but final
action has been held up pending efforts
i of the interior department to regain
some of tlia claims that were alleged to
have been granted through fraud.
This leaves only three of the old land
' fraud rases pending, and It is expected
... that all will be closed up before tho end
of this year. ,
DISPUTE BETWEEN 35;000 FIREMEN AND .
THE RAILROADS SOON WILL BE SETTLED
(") -.. J
1 ' ' ' '' '' '
Above are shown the three men In whose hands rests the settlement of the .dispute between. 35,000 fire
men and 54 railroads. From left to right they are W. W, Atterbury, William L.; Chambers and Albert
A. Phillips.,, Below is a photograph of W. S. Carter, president of the Brotherhood of Locomotive Fire-
- men, who led the men. In their' fight for higher , wages. ''.;
Board ' of 'Arbitration Under
Erdman Act Is' Preparing
Its Decision,,, -
y. s.
INTERVENES
IN
10
CEN
FARE CASE
- (United rreni Lee4 Wlre.l
Washington. April, 21.-M:hlef Justice
White of the United States supreme
court granted today the government's
applications to Intervene "as a friend of
the court," In the Minnesota rate case.
The government's brief supports the
decision of United States Judge-Sanborn
that the Minnesota 2 cent fare law Is
The department of Justice filed a brief
decrying the right of states to Inter
fere with Interstate commerce by Issu
Ing Interstate rates. -.
-The action of the court' probably
means final decision In the cases will
be "postponed until this fall. - '
The supreme court adjourned this aft
ernoon with discussing other Important
ernoon without discussing other Import
ant case pend!ng.t..,t,x;;.,,...
Tillamook County Attorney Named.
Salem, Or., April 2 t.-i Governor West
today announced the appointment of M.
.J. Gersont ot Kehaleiti, as county attor
ney for Tillamook county.
Elytra
... , ." ";"
Owtiti fry and hoHUi unitr thi dirtct
central of tht Frtnch Coinrnment -
Natural Alkaline
Water
Used . at meals
prevents Dys
pepsia and re
lieves Gout, In
digestion and
Uric Acid.
R
Ask your Phy&ician ;'
Note the Nam
ULM.t llTTTi I ' '
(By tie lateruitleniil Newn Sertlce.) '
New York, April 21; In the. hands of
three men rests today the responsibility
of settling the dispute which has exist
ed for the past several weeks between
some 35,000 firemen and the managers
of all of tbe railroads east of the Mis
eissippl river and north of Virginia. It
is no small responsibility that lies with
these men. The firemen bad threatened
to strike, which would have meant un
told expense to both the railroads and
themselves and an industrial struggle
that would cause all manner of Incon
venience to the business world, and per
haps actual suffering to the poof.
These three men, who compose the
board of arbitration appointed under the
Erdman act to settle' this particular In
dustrial dispute, and who must reach
their decision by Wednesday next, are
W.'W. Atterbury, vice-president of the
Pennsylvania railroad; Albert A. Phil
lips, vice-president of the Brotherhood
of Locomotive Firemen anS Engineers,
and William L. Chambers, formerly
chief justice of the international court
of Samoa and a member of the Spanish
Claims commission. . Atterbury and
Phillips, representing both parties to the
dispute, were selected as provided by the
Erdman act. They met in 'an effort to
select a third member of the commis
sion, but being unable to agree. Judge
Chambers was appointed by Chief Jus
tice of the United States Supreme Court
of Commerce and United States Com
missioner ,.of Commerce' and Labor
Charles P. Nelll. ; ?, , ,
- - Decision Will Be Final, ,
When the arbitration board: had fin
ally been selected, public hearings on
the claims of the firemen were held in
the - Waldorf-Astoria. Witnesses Were
called and testimony taken.-- Both sides
summed up their cases and briefs were
submitted with the closing of the hear
ings. The board now has until next
Wednesday to announce Its decision. It
may grant all of the demands , of the
firemen in full, or it may grant themj
in part or deny them altogether as un
justified. Under the Erdman act both
sides must abide by the findings of the
board. j
Recently some 60,000 locomotive en-1
. . , .
Number of firemen involved, 35,000. ' "
Number of railroads involved, 64. H J
Demands of firemen Increase In pay; two firemen to all locomo-
tlves; to be relieved of work of cleaning engines.
Estimated cost to railroads to make Increases demanded, $12,000,000.
Arbitrators, who will settle dispute: . ,.
W. W. Atterbury, vice president Pennsylvania railroad. ,
Albert A. Phillips, vice president Brotherhood of Locomotive Fire-
men and Engineers..
William L, Chambers, formerly a member of the Spanish claims
commission. . . '
glneers had a similar dispute with the
same railroads. Several efforts i were
made by the United 8tates Commission
er of Commerce and Labor to bring both
sides together in some kind of an agree
ment Finally it was arranged to select
a committee of seven to sit a 3 -a board
of arbitration. This board, however, did
not sit under the Erdman act, which the
railroads Insisted would allow the board
too much latitude in its powers..
In the case of the engineers, the board
consisted of P. H. Morrlsey, Charles
Richard Van Hise, Frederick N. Judson,
Oscar Straus. Dr. Albert 8haw, Otto M.
Eldltz and Daniel Willard. Some of the
demands of the engineers were granted,
but, according to the engineers, the rail
roads got a considerable , advantage.
They consented to continue " working,
however, and accepted the findings of
the board.
When the firemen threatened to strike
if they did not gain their demands, the
committee of railway managers suggest
ed that the matter be settled In a fash
Ion similar to the dispute with the en
gineers. President W. S. Carter, of the
Brotherhood of Locomotive Firemen and
Engineers, however, strenuously op
posed any such plan, and he was backed
up by the firemen, who said that they
would strike before they would submit
their demands to any such court. They
held strong for a .board of arbitration
under the Erdman act. To 'this the
board of railway managers objected.
Commerce Court Interferes.
Innumerable conferences were held
between representatives of the firemen
and the railroads" at the Broadway Cen
tral hotel, but nothing definite came 'of
them: Judge Martin A. Knapp, of the
United States Court of Commerce, and
Acting Commissioner of Labor Hangar
interceded in: an effort to 'prevent the
threatened strike. . They brought the
opposing sides together several times,
but the stumbling block appeared to be
the Erdman ct. Finally the situation
reached the point where the firemen an
nounced that the result of the strike
vote would be announced within a few
days. This had the desired effect. It
was generally known that the vote was
overwhelmingly in favor of a strike, and
the announcement of the vote would
mean the calling of the strike. Almost
Immediately following the declaration
that tho vote was to be made public, the
committee of railway managers met and
announced their willingness to ubmlt
their differences with the firemen to a
board or arbitration under the Erdman
act. ' . :'. . ..'
..The demands of the firemen were:
Increase in nay;-
Two firemen to be assigned to all en
gines weighing more than 200,009
pounds:
Firemen to be relieved of the work of
cleaning engines.
The railway managers asserted that
the increases demanded by the men
would cost them $12,000,000 a year,
When the board of arbitration com
menced its ittings the firemen pro
duced figures tending to show that the
railroads had greatly Increased their
earnings, within the past few years, and
that the locomotive firemen had not re
celved .their fair share of the additional
revenue. W. J. Lauck, professor of
economics and a noted statistician, tes
tifled that the fact? presented to the
board had been gathered under his direc
tion at a cost to the Brotherhood of Lo
comotlve Firemen of $18,000. He "showed
that the tonnage of freight traffic had
doubled within the last 10 years, and
that the firemen, as a. result, had to do
twice much, work as formerly.
Judge Chambers, who acted as chair
man, of the board, said that a roads
prosperity would not make any differ
ence to me Doara in us runng, ana inai
if the board reached the conclusion that
the firemen were entitled to an increase
In' pay, that Increase would be granted,
whether th railroad was paying a dlvi
dend or not. . .
SAYS T1IEY DELOilG
to mm
Rev. D. H. Trimble Names the
Mayor and Certain M 6m
, bers of Council.'
nev. Delmer IT. Trimble, pastor of
Centenary M. K. church. , in his yester:
day morning's sermon, In keeping with
the promise he had made the week be
fore to name the members of the city
council, who, he says, were directly or
indirectly connected with Ihjuor inter
ests, gave a detailed statement based
on-a report by H." L. Sheldon, miperln
tendent of the Oregon Anti-Saloon
league. Ji. outlined the alleged con
nections of Mayor Rushlight, Council
men Baker.'Wllhelm, Menefee, Jennings,
Dunning, Monks. Watkins, and Lang,
ford and ex-councllman Burgard, with
liquor Interests. : "
III making this report; Revi Mr. Trim
ble said:. -Alayor Rushlight la the
owner of a, building at Grand avenue
and East Morrison street, which is oc
cupied by a saloon conducted by Penney
Brother', lid t alo Interested in a
plumbing shop that does all th plumb
ing .for the Welnhard 'Brewery and Its
saloons.
"G. L. Baker is .part owner of the
Baker theatre and one of the largest
bond holders In that company Is Paul
Wesslnger, manager of the Welnhard
brewery..., i'- . .;
"Councilman Wilhelm la the half own
er, with his brother, of property located
t 130 Third street, known as the Pan
tlieon saloon. V " '
Councilman It. E. Menefee la agent
for saloon property at 5 Russell street,
which Is held under a lease by the Star
Brewing company. ', ' '
"Councilman- Jennings holds a long
lease for property at Broadway and
Washington, which la used for saloon
and pool room purposes.
' "Councilman Dunning was Indicted for
being the owner of an alleged disorder
ly houtte, which had a government li
cense to aell liquor.
"Councilman Monks and father are
owners of the Portland Boiler company,
which supplies all boilers and tanks
for Portland breweries.
"Councilman Watkins, of the firm of
Parrlsh & Watkins, is chairman of the
liquor license, committee and is agent,
for 40 saloOnS. -- -
"Councilman Langford i the son of a
contractor who has done all the con
tract work for the Welnhard brewery for
25 years. , ' ... , '
"Ex-Councilman Burgard Is the agent
for the Allnky building, whkh Is iififl
by the Gmiiln Inns Urewcry for a falomi
and grill location. ilo al.so receives
large amounts for Insurance from tho
breweries.
"TheHe flndiiiRf are" amazing to nie,"
"aid Rev. Mr. Trimble, "ami It would
seem to be an explanation of why.it la
so hard to secure further restrictive or
dinance.1) against saloons.''
.A
SAY UNITED STATES
NO PLACE FOR ASIATIC
"There Is no room In this, country
for the Asiatic there is no use; for
him, and for this reason I am profound
ly in sympathy with the Callfornlansi"
declared Dr. C. E. Cllne In a, discussion
of the Asiatic antl-landholdlng bill now
before tlie California 'legislature at to
day's meeting , of , the Methodist Minis
ters', association. . . s
: "it Is my opinion," continued the mil
itant minister, "that our efforts to con
vert the Asiatics through our .system
of foreign missions are, largely respon
sible for the trouble we in America are
now having with ' these people. . Our
missionaries have awakened ' within
them a desire for our system,-for our
homes and even inspired them with -a
covetousness for Anglo-Saxon women.
"The Asiatic cannot help the Anglo
Saxon a mixture' of the two , bloods
produces an Inferior race.. My experi
ence as a city missionary In Portland
taught me that the average 'Asiatic
comes to the city missions chiefly for
the purpose of meeting the attractive
white teachers. ! Asiatics should not be
allowed to own a foot of American soil,
and I hope the California legislature
wlll.atand by. Its guns.'V" .-.
In replying to Dr. Cllne, Father Flynn
quoted the well known biblical, expres
sion: "God hath made of one blood
all nations "to dwell upon, the face of
the earth." - -
Rev. Lewis H. Thomas read a. paper
on the "Supreme Function of the Min
ister." '':fv -m.vV - .
WOMAN LAWYER MAY
PRACTICE IN U. S. COURT
Frances M. Kempf.'a woman attorney
of Woodburn, was admitted to practice
before the bar of the United States dis
trict court this morning by Judge Wol
verton. She was Introduced by Attor
ney Charles Sphnabel of this city, Mnd
Immediately after her admtsslon the
newest federal practitioner in Oregon
filed two bankruptcy matters. Miss
Kempf is the second woman attorney
to be admitted to federal court practice
In Oregon. The other one Is Miss Lajng
ley of this city.
I::;:
C. H. Duffy, Accused by Anna
Bock, to Oppose Extra
. . V " dition. ,
C, II, Duffy, alias Joseph M. EHi,
alias Rev. Frank T. Richards, now un
der arrest in Dunsmulr, Cel., is goln
to fight extradition and has already
started habeas corpus proceedings. .He
is wanted in this city to answer a chares
of bigamy brought by Anna Bock. Who
alleges that after she married Duffy, he
swindled her out of $2S50. i (
Requisition papers will be forwarded
this afternoon to Deputy Sheriff Curtln,
who Is now in California, wbre lie went
to let Duffy. ;. Yesterday Duffy wni
taken from Dunsmulr to Yrcka, tha
eounty seat of Siskiyou ooimty, later fol
lowed by Curtis.. With Duffy, now btr
ing. hsld by .the California authorities,
Is a woman and three children, said to
be. the .wife and family of Duffy. . -
It may be neceswary for Anna "Bock
or Mrs. Duffy number two, to go to
Ca llof-nia and identify Duffy. She may
leava this afternoon, and will go to
Sacramento where Duffy will be taken
1 uffy is believed to have been in sim
ilar trouble before. letters purporting
to be from other women from whom he
songht to get money are now in the pos
session of Sheriff Word. In all of the
cases -Duffy, it Is alleged, wrote to them
ef a sawmill scheme in whlcn he wanted
them to invest their money. According"
to Sheriff Word, promises of marriage
were made by Duffy in a number of
easeMr--' - .......l ,
Anna Bock married Duffy in Macon.
Ga.;- March 24, after the .couple had cor
responded for some time.! It was short
ly 1 after Mrs. Duffy number two re
ceived a letter from a Rev. Frank T.
Richards, telling of the character of
Duffy, that she sent him $700. The Ad
dress given on this letter signed by
Richards was 1279 East Thirty-first
street, which Is; how known t have been
the Portland address of Duffy.
It is now believed that thia letter of
recommendation -was written by a young
girl, presumably the daughter of Duf
fy, at his dictation. After Anna Bock
married Duffy and the couple came to
Portland, she gave Duffy $1950. 1 Frl.
day he left; her only to take a family
with which he had lived on the east
side, to California. Sheriff Word was
notified and , Duffy was arrested at
Dunsmulr, Cal. - i , . , .
MS BAROMETER
J; M. Hannaford Is Sphinx but
Friends Know Way to
-. Solve Riddle.
storms In Ohio, Indiana and the middle
west cut into the westbound colonist
travel considerably, according to Mr.
Hannaford, but, he looks for summer
tourist travel , and the fall Influx of
homeseekers to make up for ltl'
REV
ND REP
IR
"When I have something up my sleeve
I purposely let" it slip-many-.tl-mes- Just
for the advertising the road gets there'
by,; but this time there is nothing to
slip,"- declared J. M. Hannaford,- vice
president of the Northern Pacific, look
ing1 cherubic and smiling beautifully "as
he evaded the question: , "Why in Port
land today?" .' ' -. ' '. '
And Just why he, long with J. O.
Woodworth, traffic manager, and F. O.
Prest, purchasing agent, for the rail
road, are touring the west, is atill some
thing of a question. 1 -;- -f
SWe are out here on routine, business
and this is Just one of our tegular trips,
nothing more.t. was; the explanation
vouchsafed by' Mr. Hannaford,. as he
carefully combed his mustache, silken
and gray. : ; -',
The Hannaford mustache, by tfie way,
Is something which friends and ene-
mleal'allke have learned to watch u a
seaman does a barometer. ;a
Wheit he is in fne humor! this hir
sute appendage droops listlessly; but let
his fighting blood., warm, and. up goes
tho .mustache, bristling-and belligerent.
At-lha anj9 time it is his pride and
give-away, and due to this very fact-so
his fellow railroaders say. ho has culti
vated his bump of good humor until he
is one of the most popular men In rail
way circles of the country and Justly so.
The three N. officials arrived In
Portland this morning aiid(1regiaUrctLat
the Portland hotel. They will rchialn in
the, city for two or three days and then
Will "Btarr-yffstwarii 'via Burner They
left St Paul a week ago and have Visited
In Victoria,. Vancouver, B. ,C.. Taooma
and Miles City, -Mont.,, among other
places. At Miles City they attended tbs
mi.-etings of the stnto. utockmen's con
vention. -: '
The recfnt N- disastrous, flood : and
- Sileoi Baiyao ef Tbe .TiBrBiH " -
Salem, Or., April 21. -Representative
J. K, Howard of Douglas county is here
today filing article of incorporation for
thai Oregon Chinese training school of
Glendale, Douglas county. . Mr. Howard
will leave tonight for Washington, D. C,
to acquaint the government officials
with the purposes of the school. ' i 1
This will be the third school of this
kind on the-Pacific coast, one being in
Washington and another in California.
The idea Is to bring Chinese boys to this
school and teach them In the elementary
grades and then send them to higher ed
ucational Institutions for speclat work,
all the while keeping surveillance of
them and seeing that they are deported
when they have completed their school
ing;; 1..;,' " ;?v
It is this point about which Mr, How
ard Is to consult with the government
officials. He states there has been some
trouble over bringing Chinese students
to this country, and then turning them
loose without seeing that Ihcy are ever
returned to their own country.,
Besides Mr. Howard the Incorporators
are William Reld and William Tom,
a Chinaman. . Mr.; Reid will go to Chln-i
after .the students. Eventually the
school is probably to come under the
direction of the Presbyterian church
SPEEDERS CAUGHT
ON till ROAD
Number of Autoists Forfeit
-.$10 Rather. Than Appear
- in Court. .
Disc Harrow Runa Over llojv
WaJla Walla, Wash. April 21. Elmer
McCauley was probably fatally, injured
Satuiday night, wheu he was thrown
from e dlw' tiew-wiUh 1 waa opor,
atlng on, his father farm near Dayton.
The team the youngi man . was driving
became frightened and' ran away, throw
ing McCaliley In front of the machine,
which passed over his body, almost sev
ering one legr- The boy was removed to
m itajtan iiDspltaJ, " ;
Several autoists and motorcycle rider
wio 1 avc been in the haott of speeding
along the Ltnntou road in the stretch
between Claremont tavern and Llnnton
have learned during the past 10 days,
at an average cost of $10 apiece, that
eight miles an hour Is how the legal
limit of speed in the Llnnton city limits.
Warning signs have been Put up, and
J. F. Mitchell, constable, has been on
handto see that . the warnings are
heeded. As authorized by the state
statutes the speed limit Is fixed at 10
miles an hour along the road In the
county, while in the aeltled districts the
limit is cut down to eight miles.'
; In nearly all cases where speedsters
have been halted; for violation of the
law a $10 deposit has been required to
assure the uppearatice of the offender.
In each case, however, the $10 has been
forfeited by default. The cases in which
violation of the statute is charged are
tried before J. K. ,Wmiams, justice of
the peace at St. Johns.
"We have no desire at all to Interfere
with the sane pleasures of motoring to
be derived from the Llnnton road.", satd
Mr. Williams this, morntng, "but pro
tection from tbe speeders is Imperative.
At, several points along tho road the
country Is well settled: there are sharp
urns and heavy grades that Increase
the dangers, and It is necessary that all
precaution possible be ueed to prevent
accidents." . . , .
The Llnnton road offers one of the
most beautiful automobile rides in and
about Portmnd.
Actor's Xto Killed.
'NewVork,. April 1. Following fatal
injuri-.'s, received In an automobile accl
drnt at Keaford. U I., Mrs. Henry R
arnerj wiXa oi the Kngllsh actor, i
d4ad. - . -v - -
....
Taste of P
you have tried Schlitz in Brown Bottles,
It is not enough that beer be made pure, it
should be kept pure until it reaches your glass.
Light starts decay even in pure beer. Dark
glass gives the best protection against light.
The Brown Bottle protects Schlitz purity from
the brewery to your glass.
The cost of purity exceeds all other costs in our brewery.
We go to Bohemia for
hops. One of our partners
selects the barley. We go
down 1400 feet for pure
water.
We scald every tub,
keg or barrel, every pipe and
pump.every time we use it.
We even filter the air in
which Schlitz is cooled.
Try pure beer. Ask Tor
Schlitz in Brown Bottles.
See that crown or cork
u braced "Schlitx.."
Phone "jgjjj
Rothchild Bros
20-26 N. istS
.Portland, Ore
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