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About Cottage Grove leader. (Cottage Grove, Or.) 1905-1915 | View Entire Issue (Jan. 10, 1908)
DECISION REVERSED Supreme Court Orders New Trial lor Williamson. JUDGE ADVISED JURY WRONGLY Law Does Not Require Oath Denyirg Agreement to bell When M ak ing Final Proof. Washington, Jan. 7.— Because the judge before whom ex-Kepresentative Williamson was tried erred in his in structlons to the jury, the judgment of the lower oourt was yesterday reversed by the United States Supreme oourt and the case remanded for retrial That the Indictment was correct, that the admission of evidence was in ac cordance with law and that the rulings of the court were right and proper is »Dinned, but because the trial judge erred in admitting certain testimony with regard to final proof and because he erroneously instructed the jury with regard to this tame evidence, the whole case must again go to trial or the in dictment must be quashed. The Supreme court construes the timber and stone act specifically to re quire entrymen, at the time of making application for land, to submit an affi- davit of good faith, showing that they have no agreement, actual or implied, to sell the land upon acquiring title, but there iB no requirement that such an affidavit shall Ire made when final proof is submitted. The indictment of Williamson made specific reference to the affidavit required by law, and did not mention the similar affidavit which is exacted by the land office regulations at the time of final proof. Yet evidence was admitted to show that various en- trymen had committed perjury in mak ing such affidavits with their final proof, and the judge, in his instructions to the jury, specifically informed it that it could return a verdict of guilty if sat isfied that the evidence showed such perjury had been committed at the time of making final proof. The ad mission of that evidence and the in structions relating thereto proved the undoing of the caseagainst Williamson. R A IL R O A D S T A K E M E D IC IN E . Rate Law Accepted With Good Grace by Nearly All. Washington, Jan. 7.— More signifi cant and important, perhaps, than any other statement in the twenty-first an nual report of the Interstate Commerce commission, which was transmitted today to congress, is that relating to the attitude of railway officials toward the new railroad law. In a discussion o f the operation of the act, the commis sion says: “ By railway managers, almost with out exception, the amended law has been accepted ¡ d good faith, and they exhibit, for the most part, a sincere and earneet disposition to conform their methods to its requirements.’ ’ The commission adds that it was not expected that reforms could be brought about without difficulty or delay, but it is unquestionably the fact that great progress lias been made, and that fur ther improvement is clearly assured. T o a gratifying extent there has been adjustment of rates and of “ abuses’ ’ by the carriers themselves. Methods and usages of one sort and another which operated to individual advantage have been voluntarily stopped and it is not too much to say that there is now a freedom from forbidden discriminations which is actual and general to a degree never before approached. As this pro cess goes on, as special privileges dis appear and favoritism ceases to be even suspected, the indirect but not less cer tain benefits of the law w ill become more and more apparent. Since the new rate became effective on October 24, 1906, the commisssion has granted relief in the form of cor rective orders in many cases. Upon November 4, 1907, the commission had rendered decisions in 105 contested cases. In 45 of these orders were made against the defendant carriers; in 45 the complaints wore dismissed. Give Back Indian Land. Washington, Jan. 7.— Robert L. Owen, United States senator from the new state of Oklahoma, has been under investigation by the Interior depart ment. As a result, Secretary Garfield proposes to institute a suit in the Fed eral courts to cancel certain deeds held by the senator in violation, it is al leged, of the law. Mr. Garfield is alive to the situation. Senator Owen has been greatly concerned over the inves tigation made by the Interior depart ment and will fight to keep the land. He is wealthy and can afford the fight. Favors Local Option Law. Columbus, 0-, Jan. 7.— The message of Governor Harris was read to the leg islature yesterday afternoon. The gov ernor nrges the enactment of a bill pro viding for general primary elections with the Australian ballot system; placing of telephone companies under supervision of the state railroad com mission, with power to regulate rate», and commends to the favorable consid eration of the assembly the adoption of county local option. From Japan to Portland. Victoria, B. C., Jan. 7.— According to advices by the steamship Empress of China today, a leading paper of Tokio says the Osaka Shoshen Kayasha is preparing to open a steamship line be tween Portland, Or., and Japan and China. F E E L IN G IS B I T T E R . R U E F G O E S T O J A IL . H i i ■ DOINGS OF THE SIXTIETH CONGRESS Leaves Sumptuous Quarters for a Felon's Cell. San Francisco. Jan. 6.— Quarters vere arranged at the county jail today or Abe Ruef, the deposed boss of San Francisco, who, sinoe his arrest eight nontliB ago, has occupied a suite of „crus In a private house under a spec- al guard. Sheriff O’ Neil, the Schmitz politician, roes out of office on January 8, and his place w ill be taken by Ijirry Dolan, chosen at the last election. Judge Dunne, who refused to place Ruef in the county jail while O’ Neil was sheriff or fear that O’ N eil would allow the prisoner to escape, has ordered that Ruef be transferred from his parlor prison a« soon as Dolan assumes office. Ruef w ill join the assemblage of dis tinguished citizens who have moved from their homes on the heights to the branch jail. Ruef will occupy a cell uear that in which ex-Mayor Schmitz reposes. He will have as neighbors Louis Glass, the millionaire manager of the Pacific States Telephone com pany, who was convicted of bribery; J. Dalzell Brown, Walter J. Bartnett and James Treadwell, the banker whose arrest followed the exposures of the rot tenness of the California Safe Deposit <4 Trust company, and George D. Col lins, the tricky attorney who was brought back from Canada to face charges of b'gamy and perury. Ruef has been allotted to order his meals as desired and has been living on the beet in the land. He is far more tban a mill.onaire, and he has been al lowed a great deal of liberty as a result of the form of his imprisonment. All this will now be changed. Just what effect this will have on Ruef’s refusal to testify without immunity remains to be seen. I t is thought that a good taste of real prison life may cause Ruef to later his views. F IN E F O R E X P R E S S C O M P A N IE S Neglected to File Data Asked for by Railroad Commission. Lincoln, Neb., Jan. 6.— Alleging that the United States, the Adams and the American Exprefb companies had failed to file the amoants of the salaries of the officers and the assets and liabilities of the concerns with the Nebraska State Railway commission, County Attorney Tyrrell today filed a penal suit in the County court, asking that the fine pro vided by the statute be imposed. That the three express companies neglected to file the data demanded by the commission and January 1 was set as the final date for the appearance of the complete reports. The railway commission notified Attorney General Thompson of the delinquency and he directed County Attorney Tyrrell to be gin proceedings. The railroad commission law passed by the last session of the legislature prescribes a penalty of from $500 to $5,000 for refusing to furnish the in formation demanded by the commis sion. The laws direct that service be made upon the local agents of the cor porations charged with violating the laws. P E T T IB O N E FR EE. Ju ry Acquits Him of Complicity In Steunenberg M urder. Boise, Jan. 6.— The end of the prose cution of the men charged with the murder of ex-governor Frank Steunen berg with the exception of the cases cf Harry Orchard and Jack Simpkins, came Saturday with the acquittal of George Pettibone. Charles H. Moyer, president of the Western Federation of Mineis, was formally released at 4 o’clock, and w ill return with Pettibone in a few days to Denver. The case of Orchard, the self-con fessed assassin of Steunenberg, is in the hands of Prosecuting Attorney Van Duyn, of Canyon county. No state ment as to the future procedure in that case has been made, but it will be called during the next term of court at Caldwell, when it will probably be finally disposed of. Simpkins, a member of the executive board of the Western Federation of Miners, who is charged with compli city in the crime, is a fugitive from justice and the charge against him w ill stand. Ask Carnegie to Help, New York, Jan. 6.— An attempt to interest Andrew Carnegie in modern tenements in New York is one of the results of the rent strike which has been on for several days. It has been proposed that the aity purchase a block or two in the thickly congested East Side and there build modern tenements which would be rented at a low price. There seems to be no prospect of the city being able to do this, at present at least, so leaders in the strike move ment w ill try to get Mr. Carnegie to erect these buildings. No N ew t o f Mount Royal. St. John, N. B., Jan. 6.— Although it is four weeks since the Canadian Pacific steamer Mount Royal sailed from Antwerp for this port with 304 mmigrants and a crew of more than 100, and nothing has been heard of her in that time, the officials of the line have not abandoned hope that she is still afloat. They are extremely anx ious, nevertheless, and fear that the vessel is drifting about the Atlantic in practically a helpless condition. Must Not Reduce Rates. Sioux Falls, Jan. 6.— Judge Garland, of the Federal court, today Issued a temporary injunction restraining the South Dakota Railway commission from reducing passenger rates from $ to 2)4 cents per mile. Wednesday, January 8 Wa.-hington, Jan. 8.— In the pres ence of the entire house, Williams, of Mississippi, and De Armond, of Mis souri, whose physical encounter on the floor just before the Christmas adjourn ment attracted general attention, today engaged in an exchange of amenities which was generally accepted as a pub lic announcement of their respective intentions not to permit their personal differences to interfere with the cour teous discharge of their publio duties. The incident occurred in connection with an effort by Dalzell, of the com mittee on rules, to get the house to agree to a rule giving right-of-way to the bill authoriing the codification and amendment of the penal laws of the United States and lim iting general de bate to four hours. Several Democratic members expressed the opinion that the rule was a scheme to sidetrack other legislation. Dalzell, however, refuted this. The rule was passed by an over whelming majority, despite efforts of DeArmond and seven adherents to se cure the yeas and nayB, and the house at once proceeded to the consideration and reading of the bill. A t the con clusion of the reading, which consumed two hours, the bill was laid aside and the house again took up the resolution distributing the president’ s message Ip the several committees, in order to permit Gaines, of Tennessee, to address the house in favor of an appropriation for the Hermitage, the home of Gene ral Andffew Jackson, near Nashville, Term. station for the work of taking the next census, the 4,000 or more additional employes needed be appointed only after competitive examinations under the rubs of the C ivil Service commis sion, and strongly denounced the “ pat ronage system” of making the appoint ments, saying that the Civil Service commlsssiaon was fully capable of se curing a most efficient force. The senate was in session only four minutes trday, adjourning upon the adoption of resolutions in respect to the death of the late Senator Mallory, of Florida. TR U S T OW NS SEN A TE. Vancouver le Aroused by Latest At tack of Japanese. Vancouver, B. C., Jan. 3.— W hile at no stage did the fight between the three city firemen and the Japanese reach anything like the dimensions of the September riots, the Incident has revived the bitterest feeling. After all the explanations and apologies that have^been made, both civic and govern mental, citizens of Vancouver did not believe it possible that an attack such as occurred could he made. A ll three victims are still alive, though at least two are disfiguied for life. Young Frost, a fine-looking ath lete, had his nose sliced off by one of the sword-like knives of the Japanese. The other men, though fearfully in jured. are recovering. McDonald was removed to his home, while Anderson is still in the hospital with Frost. The most serions feature in the pop ular view is that the Japanese section is practically an armed camp against the whites of Vancouver. Two thou sand men live together there, ready to murder any one who makes the slight est disturbance. The present instance is regarded as particularly flagrant, be cause the young men were in uniform, with firemen’s caps, and for all they knew the Japs might have been as saulting policemen. The truth is simply being forced home to the entire city that the Jap anese here are barbarians enough to murder on the slightest provocation. Vancouver has been a little ashamed of herself Bince the night of the Septem ber riots, but the frightful attack is just now beiDg regarded in some quart ers as showing complete justification. No Hope o f Ta riff Reduction by the Present Congress. Washington, Jan. 4.— After consid ering the matter from all sides, the ad ministration has about reached the con clusion not to press for Philippine tar iff legislation at the present session of congress. The cards have been too well stacked against the administra tion in the senate. The sugar inter ests are too thoroughly entrenched there on the one hand, and the Demo crats, for political reasons, have shown their intention of refusing to assist the Republicans who are friendly to the reduced schedules project, despite their general revision and free trade protest ations. The administration as a whole is pretty well convinced that a losing fight this winter would not help mat ters a year or so later, and the better M A Y S U E H A R R IM A N . policy, it is believed, is to reserve am munition until it will count for actual Bonaparte Soon to Issue Statement Tuesday, January 7. on Railroad M erger. Washington, Jan. 7.— Senator Aid- results. rich today introduced his currency bill, Washington, Jan. 3.— “ Within a T W O C O M P A N IE S O N G U A R D . which has been a subject for some week or ten days the department of days. He had the b ill read to the sen justice w ill issue a statement regarding General Funston Advises Consolida ate and announced that the committee the ownership by th« Union Pacific of would be glad to consider with it all tion for Sake o f Economy. stock of the Southern Pacific,’ ’ said A t bills that senators might desire to in “ It had Washington, Jan. 34.—The War de torney General Bonaparte. troduce. He assured Culberson that partment has been in correspondence been contemplated to issue the state his resolution would receive attention. by telegraph with General Funston in ment earlier, but the absence in Eur Clark, of Georgia, announced that he San Francisco, relative to the disposi ope of special counsel employed by the proposed to have a vote in the senate tion of the troops at Goldfield in con government lias caused the delay.” to test the sentiment of that body on formity with the president’s intentions W hile the attorney general w ill not his resolution favoring a Federal law to to maintain the force there, pending admit at this time that the statement uphold states in their effoits to make the meeting of the legislature of Ne will be the announcement of proceed effective prohibition within their bor vada. ings against the Union Pacific for vio ders. He wanted the senate to pass General Funston intended a reduc lation of the law prohibiting restraint his resolution instructing the commit tion in the number of troops at the of trade, there is excellent authority tee on judiciary to bring in a b ill to ac mining camp, but the War department for the statement that it w ill be. The complish this purpose, but upon ob has decided to retain there all of the department of justice, according to one jection by Nelson the resolution was present force, numbering 283 men. In of its high officials, has reached the allowed to go over until the next meet the interest, however, of simplicity, conclusion arrived at by the Interstate ing. and to avoid the maintenance of a con Commerce commission that the control A t 1:40 the senate adjourned until siderable number of officers who were which the Union Pacific has obtained next Thursday to permit more work by not needed, it has instructed General over the Southern Pacific by the pur committees. Funston to consolidate the companies chase of stock is in violation of the law The president today sent in the nom into two. and amounts in substance to the merg ination of Christian Schuebel to be dis ing of two competing railways. trict attorney for Oregon. His sole en Not only will the government pro Uncle 8am Going Behind. dorser was Senator Bourne, the other Washington, Jan. 3. — The forth ceed for a dissolution of the merger and three members of the Oregon delegation a restoration of the competition which supporting George G. Bingham, of coming reports of the government’ s re prevailed before the Union Pacifio Salem. There may be a fight over ceipts and expenditures for the month bonght Southern Pacific stock, but the ending Dec. 31 w ill show a decrease in Schuebel’ s confirmation. the receipts as compared with Decem courts will be asked, it is stated by an official of the department, to break up Washington, Jan. 7.— The resolution ber last year of $8,529,152 and an in the combine under which the two rail referring the president’s message to the crease in expenditures of $9,381,414, roads are alleged to operate their steam several committees furnished the occa making the net loss for the year $17,- ships. sion in the house of representatives to 910,566. The decrease in receipts from ddy for a number of addresses, mostly customs is $6,895,959; from internal N I G H T R ID ER S F IR E A T O W N . Miscellaneous by members on the Democratic side. revenue, $2,768,645. These covered a variety of subjects, but receipts increase $1,135,452. Increases those that attracted special attention of expenditures are: C ivil and miscel Burns Tobacco Warehouses In Rus sellville and Wounds Men. were by Sheppard, of Texas, and W il- laneous. $3,000,000; war, $1,500,000; navy, $4,000,000; pensions, $2,400,- let of New York. Nashville, Tenn., Jan. 3.— A long 000; public works, increase from $4,- The former not only made a plea for distance telephone message to the the restoration of the legend “ In God 843,711 to $8,899,000. American from Russellville, K y., says We Trust” on American coins, but dis that night riders visited that town at Frisco Postmaster Will Lose. cussed the cruise of the American bat 12:45 o’clock this morning. The to tleship fleet and referred to a possible Washington, Jan. 9— The nomina bacco warehouse of H. G. W o rk * Com conflict with Japan. tion of Arthur Fisk to be postmaster at pany and the American 8nuff company W illet placed all the blame for the San Francisco will not go to the senate were dynamited and burned. The recent financial panic on President today, unless the president changes his planing mil) of Roberts A Brown and Roosevelt, whom he denounced in se mind. Postmaster General Meyer said three other smaller houses were more vere verms. He charged the president he was sure the president not intend to or less damaged. with not being a sensible man and with reappoint Fisk today. Congressman Many shots were fired, and !t is re having turned on the gas and not the Kahn said that he had positive inform ported that two men, one of them a ight, and with going up and down the ation that charges against Fisk for vio commercial traveler, were wounded. ountry condemning and striking with lation of the postal regulations had Kussellviile is a town of about 4,000 the big stick the heads of great indus been filed last May and that these inhabitants and it is the county seat of trial interests. charges had not been investigated by Logan county, which borders on the The resolution was under considera the postoffice inspectcrs for some un Tennessee line. It is in the heart of tion when the house adjourned until known reason the dark tobacco district and but one tomoerrow. county, Todd county, separates It from Decrease in Arm y. Christian and Trigg counties, the scene Congress Reconvenes. Washington, Jan. 8.— Secretary Taft of the recent depredations in and Washington, Jan. 6.— With its or is a strong advocate of increased pay around Hopkinsville. Further details ganization completed, the house of rep for the army, and his annual report, were not obtainable at 3 o’clock this resentatives reconvened at noon today. just sent to congress, completely dis morning. Almost the full quorum of representa pels any doubt that may exist as to the tives was present. The galleries were disposition. The report shows rapid Smelters Are Closed Down. unusually well file d . After a half decrease in the strength of the regular Helena, Mont., Jan. 3.— The Am eri hour’s session the house adjourned army in recent years (the loss last year can Smelting A Refining company, it is until tomorrow out of respect for the being 4,428 men) and the pressing authoratively announced here tonight, memory of the late Senator Mallory, need of officers to replace those now on will shortly close down several of its of Florida. detailed on recruiting duty as military smelting plants because ot the depres In a message to the house today, instructors in educational institutions. sion in the lead market. A t the East President Roosevelt urged that in prep- Helena plant today the company reduc ed Its force 106 men and tomorrow a 10 New Chief Chosen. Argue Over Giving Rebates. Washington Jan. 4.— Captain John per cent reduction in wages will be Washington, January 9.— The Su E lliott Pillsbury, was today selected for posted for the 250 men who are retain preme court today heard arguments in chief of the bureau of navigation, Navy ed. Manager Frank M. Smith, of the the government criminal prosecution of department, after a conference held local plant, received notice several days the Great Northern Railway company by the president with him and Secre ago from officials of the company that on the charge of violating the Elkins tary Metcalf. The selection is at best the smelter would be closed. law by granting rebates on which the only temporary, unless the president Rebel Against Zelaya. company was fined $5,000. The com should decide again to commission a pany was represented by W illiam R. retired officer as chief of the bureau« Panama, Jan. 3.— Advices from Bo Bigg, of St. Paul, and the government Captain Pillsbury must retire on ac ras del Torres say that passengers arriv by Attorney General Bonaparte. The count of age December 15 next. ing there from Bluefields, Nicaragua, defense proceeds on the theory that the report that the Mosquito Indians have first section of the Elkins law, impos risen against the government of Presi C o u rt Hits Roosevelt. ing fines for rebates, was repealed by Washington, Jan. 8. — President dent Zelaya, who is accused by them of the Hepburn act. Roosevelt’s big stick received a dent being responsible for the death of their today when the United States Supreme chief. Conditions were considered so 8hip Coal to Islands. court declared unconstitutional the em serious by I he commander of the British Washington, Jan. 9.— Sixty thousand ploy A ’ liabilitity act passed by con man-of-war cruising in Nicaraguan tone of coal have been sent to Honolulu gress in 1906 at the request of the pres waters that blnejackets were landed to protect the interests of foreigners. by the equipment bureau of the Navy ident. department, and by April there are to New Ships Built In IB07. Grow th of New Y ork Values. be 100,000 tons at Manila. The ship ments have been made in anticipation Washington, .$an. 4.— During the New York, Jan. 3.— Controller Metz, of the possibility of Rear Admiral calendar year 1907 the bureau of navi in a review yesterday on the growth of Evans’ battleship fleet returning to gation reports 1,056 vessels of 502.508 the city in the ten years since consoli the Atlantic side by way of the Asiatic gross tons built and specifically num dation said that the assessed valuations station. I f it is not needed fot that bered in the United Sta'ea, compared of real estate owned by the people had purpose the coal w ill be used from time with 1,045 vessels of 393,291 tons in advanced from $2,532,416,819 in 1898 to time by American men-of-war. 1906. to $6,240,486,602 in 1907. ¿ BIG LINER MISSING Mount Royal With 400 Passen gers Long Overdue. OWNERS ABANDON ALL HOPE Sailed December 7 From Antwerp for St. Jo h n . N . B , and Not Heard From Since. Victoria, B. C., Jan. 4.— A private dispatch from Toronto says the C. P. R. has given up hope for the steamer Mount Royal overdue lrom Antwerp with 400 passengers. No W ord Received. 8t. John, N. B., Jan. 4.— No word lias yet been received here of the Cana dian Pacific lino Bteamer Mount Royal, which left Antwerp on December 7 for St. John, having on board 304 immi grants, mostly Italians and Jews, be sides a crew numbering more than 100 men. The Canadian Pacific officials in this city, while expressing anxiety regard ing the vessel, stated today that they believed the steamer probably had met with some accident to her machinery which had caused her to drift far ont of her course, and that she would be heard from in dae time at some other port. May Have Gone to Rescue. London, Jan. 4.— The non-arrival of the Allan line steamship Hungarian, which sailed from Greenock, Scotland, December 14, and is now a week over due at Portland, Me., leads shipping men to believe that she has fallen in with the Canadsn Pacific liner Mount Royal, which is now long overdue st8 t. John, N. B. B O Y C O T T T H E E X P O S IT IO N . Seattle Unions Disgruntled at Action o f Committee. Seattle, Wash., Jan. 4.— At a meet ing of the Building Trades council last night, the assembly voted to call npon labor organizations everywhere in the country to lend support to opposition to the 1909 fair. Action was taken after the executive committee of the exposition had refused to incorporate in the building contracts a clause specify ing that only union men be employed. J. E. Chi I berg, president of the Aiaaka-Yukon-Pacific exposition, says: “ After considering the demands of the union, the executive committee de cided it could not discriminate. Money subscribed for the exposition came from all people. We do not object to union nor union men. We refuse to play favorites.” By the declaration of the open-shop policy, notices of which went into ef fect yesterday, causing the walking out of 160 employes in the metal works ot this city, Seattle is facing a general strike which means that at least 5,000 men w ill become Involved, and at least $1,000,000 in building w ill be retarded before a settlement is reached. IN F L U X O F J A P S . Fifteen Hundred Com ing to Vancou ver From Honolulu. Vancouver, B. C., Jan. 4.— The un explained arrival of 300 Japan ese in Vancouver yesterday and the prospect of an influx of another 1,200 within the next month from Honolulu are the features of the Oriental situa tion in Vancouver. Why the 300 Jape came to Vancouver yesterday is a mys tery. A ll the morning they poured in to town from the roast logging camps, and some even from the American side of-the boundary line. The hoarding house keepers of Japtown had a bay time honeing them. Last night there was the usual crop of rumors that they came in view of possible trouble, and officers of the Asiatic Exclusion league arer much perturbed over the event. Yesterday it was announced that at least 1,000 Japaneee would come from Hawaii daring the next three weeks. Cost of New Year Celebration. New York, Jan. 4.— Men who are fond of figures say that New York’s New Year celebration coat $1,750,000. At one restaurant that night receipts were over $20,000, 2,000 quarts of champagne being drunk. It Is esti mated that the diners around town made away with 42,000 quarts ol cham pagne and ( 6,000 quarto ol claret, not to mention the barrels of other drink ables consumed. Souvenir hunters were ont in force and every hotel and restaurant lost great quantities of glass and other ware. Way to Prolong Life. Chicago, Jan. 4.— Dr. J. C. Siebel, a physician of this city, annonneed to day before the American Association for the Advancement of Science that he has discovered a method of generat ing energy within the hnman body. He asserted that electricity stored in the bnman body can he released and made to do the work of prolongation of life through the additional vitality supplied to the hnman M dy working as its own electrical generator. All L o tt Except Three City of Mexico, Jan. 4.— Ramon Portae, second officer of the steamer ldero, has arrived at Vera Crus and re ported that the vessel sank in a storm on the night of December 2, and all on board were lost except three.
