The Bend bulletin. (Bend, Or.) 1903-1931, March 30, 1906, Image 2

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Opinion of Judge In New York
Insurance Investigation.
If Intent Was to Defraud, Perkins
Committed Larceny, Says tho
District Attorney.
New York, March 24. It tho grand
jury which Is investigating somo of
tho conditions developed by the recent
legislative investigation reaches the
conclusion that contributions oi in
snranco company funds to political
campaign committees were made with
intent to defraud the true owner of
this property, it must find that larceny
has been committed. This opinion
was expressed today by Justice O'Sul
llvan in tho Court of General Sessions,
In answer to a presentment on the sub
ject submitted to him by the grand
ury. Judge O'Sullivan added that it
Is not within the province of the court
to say whether or not there was such
Intent. That is a question which tho
jurors must determino for themselves
from all the facts and circumstances in
the case. He charged the jury to make
a thorough investigation into all the
facts and to place tho responsibility for
such crimes, it they find that crimes
were committed.
Mr. Jerome was in court today and,
when Judge O'Sullivan bad delivered
his opinion, tho district attorney asked
the jury to remain, as he desired to ad
dress it upon the subject in question,
lie declared that Judge O'Sullivan had
mieconceived the subject which he had
considered, and that, if the court held
to its opinion, it would be the duty of
the grand jury to return indictments
against George W. Perkins, ex-vice
president of the New York Life Insur
ance company, for larceny, and against
George B. Cortelyou, chairman, and
Cornelius N. Bliss, treasurer, of the
Republican National committee, as re
ceivera of stolen goods.
School Teachers Asked to Enter Com
, potltlvo Story Contest.
To tho teachers of Amorlca: To evi
dence its appreciation of tho National
Educational association's selection ol
tho Pacific coast as tho sccno of its next
annual convention at San Francisco
California, July Dth to 13th Inclusive,
and to encourage- delegates to include
Portland and Oregon in their itinerary,
tho Portland Commercial club offers
prises for articles on Portland. Oregon,
and this section of tho United States,
as follows:
First prise, $1,000; second prise, $500;
third prise, (250; fourth priso, $200;
fifth prise, $175; sixth prise, $160;
eevonth priso, $125; eighth prise, $110;
ninth prise, $100; tenth priso, $00;
ten prises of $75 each, $750; ten
prises of $50 each, (500; ten prises ol
$25 each, $250; twenty prises of $16
each, $300; twenty prises of $10 each,
$200; judges, to be acceptable to the
officers of tho National Educational
association, $300; grand total, $5,000.
In order to be eligible for conipetiton
these articles must appear in a regular
edition of some newspaper or other
publication printed outaldo of tho states
of Oregon and Washington, said publi
cation complete to bo in the hands of
the judges not later than October 1,
1000. These articles must bo sealed
and addressed to: Teachers' Contest,
care Portland Commercial club, Port
land, Oregon.
They will bo opened by tho judges
Prizes will bo awarded strictly on the
merits of the articles. Contestants can
treat any phase of tho subject that ap
peals to them natural resources,
(cenery, irrigation, agriculture ami
horticulture, history, educational and
religious advantages, climatic or social
conditions, etc. or in a more compre
henslve vein. The judges will be abso
lutely untrammeled in making their
This offnr is made, not so much with
a view of having the country "boomed"
in a common acceptation of that term,
ao to have the teachers of the country
become more familiar with this portion
of the United States and give expres
sion to their views in such articles a
will be acceptable to papers throughout
the entire Union.
I III I - - I Ml
Wants to Punish Officers of the Beef
Trust with Corporations.
Washington, March 24. President
Roosevelt held an extended conference
today with Attorney General Moody,
Secretary Taft and James It Garfield,
commissioner of corporations, concern
ing the adverse decision rendered in
Chicago by Judge Humphreys in the
beef packers' case. No details of the
conference were obtainable at tbe
white house, but it is certain the at
torney general proposes to look care
fully into the law bearing upon tbe
matter, with a view of ascertaining
whether an appeal from the decision of
Jo jge Humphrey by the government
will lie.
Despite tho decision relieving the
individual officers of the packing cor
porations prosecution will continue, of
course, but it was the desire of
tbe government to place responsibility
(or the violations of the law upon offi
cials of the corporations where thty
aro found to bo guilty of such viola
tions. In such efforts as may be made
by the attorney general and other offi
cials of tbe department of Justice to
secure an appeal from tho decision of
Judgo Humphrey, this point will be
kept to tbe front. It could not be de
cided at the conference today whether
an appeal from the decision would lie,
but that question will be gone over
carefully, and if, in the opinion of tt o
law officers of the government, a foun
dation for an appeal can be made, it
will be taken.
Two-Thirds Majority of Senate is Re
quired, and is Impossible.
Washington, March 23. It seems
certain, in tbe light of recent develop
ments, that the campaign against Sen
ator Reed Smoot, of Utah, will fail.
Mr. Smoot's enemies have been hoping
to oust him by a malority vote of tbe
senate, but senators who have given at
tention to his case find that the consti
tution stipulates thst no senator shall
be deprived of his scat except by a two
thirds vote of lbs senate.
The anti-Smoot senators have been
taking the position that tbe protests
were filed against Mr, Smoot before he
took bis scat, and, Inasmuch as be was
seated nnder protest, tbe majority vote
can be applied, since it takes only a
majority to exclude a senator-elect.
But this view is not generally concur
red in by senators. Mr. Smoot was
seated, and, having been permitted to
take his seat, tbe only way to get him
out is to expel him, and this requires
a two-thirds vote.
It seems absolutely certain that two
thirds of tbe senate is not in favor of
uneestlng the Mormon senator, prob
ably not a majority, and for this reason
It is believed the much discussed case
will fall flat.
Oregon Stockmen's Grievances Are
Taken Up by Senator Fulton.
Washington Senator Fulton has re
ceived many letters of complaint from
stockmen of Oregon, who express dis
satisfaction with tho manner in which
tho forest service is managing tho sum
mer range in forest reserves. The
sheepmen of Umatilla county fool that
they have been unfairly treated In tho
distribution of rango in tho Wennha ro
sorve, and tho sheep and cattlemen
whoso stock is permitted to graso in
the Cascado rcsorve feel that they aro
paying too much for the privilege. So
far as tho Cascado reserve is concerned,
the sheopmen object to paying 0 cents
a head for tho grasing privilege when
sheep are permitted In other reserves
at 4 and 5 cents each.
Tho forest sorvlco explains that tho
erasing season in tho Cascade reservo
is longer than in tho reserves where the
feo is smaller. So far as tho Wennha
reserve is concerned, tho range has
been apportioned for the coming sea
son, and it is too late to bring about a
readjustment. To ascertain all tho
facts, with tho view to laying tho mat
ter before tbe forest service in its truo
light, Mr. Fulton has requested tho
stockmen of Oregon to furnish him with
I accurato data, that he may adjust these
matters beforo another grating season
The Dalles to Portage.
The Dalles A company of local cap
italists, under tho name of tho Colum
bia Transportation company, has
bought tho steamer George W. Simons
from tho D.. P. A B. N. Co. It will be
operated between Cascade Locks and
the lower terminus of tho state portsge
oad. The boat will leave Cascade
Locks at 0 o'clock In tlio morning and
reach The Dalles at 10, making all way
landings. It will lie hero an hour,
then run to the lower terminus of the
portage, and returning will leave for
Cascado Locks at 2 o'clock. It is the
purpose of the company in buying and
operating the boat to afford people
along the Columbia opportunity to
make The Dalles their trading point.
Prosldent Sets Asldo Dluo Mountains
for Tlmbor Purposos,
Waahlrgton President Rooaovolt, on
recommendation of tho forest service,
has signed a proclamation creating tho
Dluo mountain forest resorvo in Eastern
Oregon, to embrace 2,027,270 acres.
Tho resorvo as created follows tho gen
oral lines of tho temporary withdrawal
made three years ago, with tho excep
tion of 200,000 acres in the valley of
the Silvio river, which has been elim
inated because of tho agricultural na
ture o( tho land. Around tho edge of
tho withdrawal small tracts of agricul
ture, and school laud have been elim
inated and tho boundaries aro so drawn
as to exclude alt land lying along tho
border which has passed Into private
ownership uudor any public laud laws.
The original Bluo mountain with
drawal embraced nioro than 3,000,000
acres. About 600,000 acres havo ben
left out, so as to mako tho reservo a
compact body of forest land.
Many Buy Wallowa Timber.
Wallowa Locators have been doing
much business the past threo months
on account of a wild rush by local men
and outsiders to secure claims in the
pine, fir and tamarack forests of Wal
lowa county. Sections which sold at
$1.25 an aero were bought first, and
only those claims remain which are in
the $2.60 sections. There are but a
few more claims open fer location, and
it is expected the locating season will
be closed within 30 days. Capitalists
are buying much ot tins timber, anu
from individual holders claims pur
chased for less than $500 are selling at
from $1,000 to 1,000 each. These
carry from 1,000,000 to 3,000,000 feet
to the quarter section.
Long Winter In Wallowa.
Wallowa Bnow covers the entire
Wallowa valley and county, varying in
depth from flvo inches on tho Imnaha
and Grand Hondo river bottoms, to 17
inches on tho foothills of the Joseph
mountains. Stockmen aro somewhat
anxious concerning feed. Tho unusual
long season will necessitate using much
wore hay than Is customary in average
winters. Though tills Is a hay produc
ing county, and though great crops of
hay were put away lust season, and
much old hay was left over, it is ex
pected that thero will bo no surplus.
Columbia County Breaks Record.
Salem Columbia county breaks tho
record in tho matter 'of payment ol
sUto taxa this year. State Treasurer
Mooro received a draft last Meek for
$0,310, tho amount of general state
and school tax, and' $206, tho amount
duo for tho support of tho Agricultural
college, from Columbia county, for tho
year 1000. Only half of this amount
was due. Tho rest n ed not havo
been paid until December 31.
Avongo Death by Capturing Omcors
and Burning City.
St. Petersburg, March 21, Most
sensational reports aiu current tonight
that tho execution of ex-Lieutenant
Schmidt, which hits made n deep im
pression throughout Russia, has been
followed by aik extensive mutiny of
sailors at Sevastopol, tho massacre of
their olllcors and firing by tho fortress
upon tho city. Tho truth of the story
Is doubted, this being tho "psychologi
cal moment" for tho appearance of such
wild reports. No press dispatches con
tinuing tho story havo beou received,
but, if tho report should prove to hn
truo, tho absence of these might bo ac
counted for by tho Imposition o( a cen
sorship. Tho alleged nows canto In tho form
of two cipher telegrams to a prominent
member of tho Social Revolutionary
party, such as tho revolutionaries havo
sometimes been able to transmit
through accomplices in tho telegraph
offices when tho public and even the
government havo been unsblb to com
municate. As translated and displayed at the
offices of tho newspapers heio, the tele
gram eays brlolly that the sailors, In
furiated by tho refusal of Emperoi
Nicholas to pardon Lieutenant Schmidt
and their fellow sailors, roo in their
barracks and eolsed and imprisoned the
majority of their officers. Tho dis
patches added that tho city of Sevasto
pol Is almost entirely In llames,
Tho admiralty affected Ignorance as
to tho occurrence of any sush affair.
Tho papers, In view of tho ineusco of
tho new press law, which provide that
they may be closed up for spieadlug
(also reports affecting the army or navy,
aro afraid to takeVhanccs by publishing
tho story.
Congrces Cannot Control Lite
Lucklamuto Mohair Pool.
Independence The Lucklamuto mo
hair pool has been organised at Arlie
and has the following officers: Presi
dent, A. O. Staats; secretary, Maurice
Fowio; I. M. Simpson, A. O. Staats
and Maurico Fowle were elected a
board of managers. Tbe new associ
ation already has a membership of 35,
representing 3,00.1 fleeces. It la prob
able 16 more names are to be added to
.be membership soon. -
Cattle Bring Higher Price.
Pendleton Threo cars of cattle were
shipped to Seattle from Pendleton a
few days ago, bringing $4.60 per hun
dred pounds. This is about 1 cent a
pound higher than the last shipment
Officers Did Not Tako Propsr Means
for Rescue.
Victoria, B. C, March 21. The find
lug of tho commlsoloners apolnb-d In
Inquire Into the, Valencia disaster was
delivered today. Tho report found
Captain Johnson was hlamahlo In not
having rtcoverrd his position by Uma
tilla reef lightship before attempting to
enter tho straits and held him guilty
of grave error of judgment and also In
not having made due allowance for tbe
northwest set of tho current as proved
well known to coast navigators.
Censure was passed upon tho lack of
dieclpluo prevailing after the wreck, as
well as tho cork and cement life pre
servers and Inefficiency of drill. Those
on the steamers Salvor and Czar were
found to have been in Ignorance of
there being lives on tho wreck when
thoy wont to Bamfleld to dispatch
assistance over the trail, tho Queen
having reported this material fact to
tho City of Topeka, but not to the
Canadian steamer.
The Topeka was found under tho
circumstances not to havo properly
stood by, while the Czar and Salvor
were adjudged to have acted with due
Aro Unanimous That tho Doclslons of
tho Supremo Court Aro Against
Federal Control.
Washington, March 22. That (horn
Is no constitutional authority for Fed.
eial control of Insurance or other statu
corporations other than railroads Is to
bo tho conclusion reorted to tho hotiao
by tho Judiciary committee. Tho re
port has been drafted by Chairman
Jenkins, of tho committee, ami is now
in tho hands ot members of tho com
mittee for their perusal. An unofficial
poll of tho members Indicates that with
practically no exceptions they concur
In tho correctness of this conclusion,
Tho report collates all tho Imivortant
court decisions on tho matter Involved,
treats each exhaustively am! reduces
the whole problem to these two prin
First Tho Supremo court of tho
United States lias declared and list
never Imtii shaken or weakened In
maintaining, first, that Insurance Is not
commerce, and second, that congress
cannot impair tho h1 lee powers of 'ho
Seeund The advocate of Federal
regulation concede, according to tlm re
put, that Insurance Is not oomiueree.
Tho reHitt rets forth sjctlon H of ar
ticle 1 of the constitution as conferring'
the only iwwor meed by oougremt
to regulate oommerto.
States Should Interfere.
Chicago, March 24. The committee
appointed In Chicago last February at
tho conference of governors, attorney
generals and insurance commissioners,
with instructions to prepare a form of
laws for bettor regulation of life insur
ance companies, with a view to their
ultimate adoption in several states,
concluded its deliberations tonight and
adjourned after declaring itself in favor
of interference by tho states in tho in
ternal affairs of tho insurance com
panies and in favor of a standard form
of policy.
Test of Battleship New Jersey.
Quincy, Mass., March 24. Tho bat
tleship New Jersey, constructed for the
government by the Fore River Ship
building company, left today for an
unofficial test of her engines. The
official trip will be held op March 28
or 20, when she will be required to
make 10 knots an hour.
Iowa May Oust Standard.
Dos Moines, March 23. Tho bouse,
by a vote of 48 to 12, today passed the
anti-discrimination bill, which is in
tended to oust the Standard Oil from
Iowa or compel a revision of its busi
ness methods. Tho bill prohibits dis
criminating rates for oil and is pattern
ed after tbe Missouri law. It provides
a fine of $5,000 and imprisonment for
violation. Representative Cummings,
the author, in presenting the hill, as
serted that the Standard Oil company
had made a price of 4 cents a uallon
for oil in his home town recently, in
order to drivo out competition.
Italian Island Quaking.
New York, March 23, A cable dis
patch to tho Herald from Palermo says:
There have been 21 earthquak shocks
on the island of Ustica during the last
three days. The population lives in
constant terror, A great valley has
been formed in the center of the island
and all the houses havo been demol
ished. The shocks were vortical, not
undulatory, Und wero accompanied by
loud subterranean rumblings. The last
shocks, which occured yestordoy, fin
ished the work of destruction. Panic
seized upon the 2,000 inhabitants.
New Drydock for Puget Sound.
Washington, March 23. Secretary
Bonaparte appeared beforo the house
committee on naval affairs today and
discussed naval appropriations. He
urged an appropriation for a stationary
drydock on Puget sound.
Enterprise Still Capital.
Wallowa Tho Wallowa county com
missioners, at their last meeting, ac
cepted the offer of F. D. McCully, L.
Knapper and Aaron Wade, to build a
wooden structure in Enterprise large
enough to meet the county's require- J
menu ror a courinouse, anu 10 lease
the same to the county for five years
at an annual rental of $060. Tbe
building is to bo completed by August
1. It will be of wood, but compara
tively safe, as it will be equipped with
a fireproof vault. Tho board thus
settled further controversy for five
years regarding tho permanent loca
tion of the county seat.
Fight for a County Seat.
Canyon City The fight for tho coun
ty seat now being waged between Can
yon City, tbe present capital, and
Prairie City, long aspirant for the
honor, is waxing red hot. Tho laws
of Oregon provido that a vote must be
ordered by tho county court if a peti
tion, signed by not less than three
fifths of tho registered voters, is pre
sented. The promoters of the removal
have organized an improvement asso
ciation, and among other things havo
secured subscriptions amounting to
$20,000 for a new courthouse.
Lane Fruit is Unharmed.
Eugene Dr. II. F. McCormick, Lane
county fruit inspector, says it is his
opinion that the freezing weather of the
past few days has done no material
damage to the fruit in this vicinity.
Each thaw has been accompanied by
cloudy weather. Had the sun shono
warm and bright each morning the
crop would havo been ruined.
Hop Sale at Woodburn.
Aurora Ed Herron, the hopbuyer,
this week bought the Joe Kennedy hop
crop of 72 hales at Woodburn, paying
better than 0 cents. Tho bops were
shipped direct to London. M. H. Gil
bertson, TJlhman Bros.' agent here,
went to North Yakima a few days ago
to look after several big lots of hops
Wheat Club, 68c; bluestem, 00c;
red, 00c; valley, 00c.
Oats No. 1 white feed, $27.60; gray,
$27 per ton.
Barley Feed. $23 60324 per ton;
brewing, $24 024 .GO; rolled, $24,600
Buckwheat $2 25 per contal.
Hay Eastern Oregon timothy, $17
18 per ton; valley timothy, $8(30;
clover, $7 608; cheat, $007; grain
hay, $78.
Apples $1 6002.76 per box.
Vegetables Asparagus, 8Wf0Oc per
pound: cabbage, l&ilicper pound;
cauliflower, $202.25 per orate; celery,
75000c per dozen; rhubarb, $1,50
per box; sprouts, b01Oc per pound;
tnrnips, $11 25 per sack; carrots.
0576c por sack; beets, 86c0$l par
Onions No. 1, 76000c per sack; No,
2, nominal.
Potatoes Fancy gradsd Rurhanko,
50065c per hundred; ordinary, nomi
nal; sweet potatoes, 2J2ja per
Butter Fancy creamery, 27Jtf03Oc
per pound.
Eifga Oregon ranch, lOo per
Poultry A verago old hens, 14014K
per pound; mixed chickens, 1313)c;
broilers, 28020c; young roosters, 13
0 13kJc; old roosters, lie:
dressed chickens, 15010c; turkeys,
live, 10017c; turkoys, dressed, choice,
I20c; geese, live, 8Uc; geese,
dressed, 10011c; ducks, 10018c.
Hops Oregon, 1005, choice, 10 0
10J$o per pound; prime, 8$0OJio;
medium, 708c; olds, 607c.
Wool Eastern Oregon avorago best,
10021c per pound: valley, 24020c;
mohair, choice, 25028c.
Veal Dressed, 308o por pound.
Beef Dressed bulls, 2Jtf.1i: per
pound: cows, 3J 0 4JjJc; country
steers, 405c.
Mutton Dressed, fancy, 8JPc per
pound; ordinary, 406c; larnbe. 80
Pork Dressed, OQOJtfo per pound.
Lawyers Will Argue Hermann's Latest
Dilatory Motion.
Washington, March 21. Tho next
round in Representative Hermann's
fight against the government will occur
before Justice Mould, next rr Id ay
morning, when arguments will be
heard on a motion made today by Her
mann's attorneya to compel District At
torney Baker to furnish a bill of partic
ulars describing more minutely the
letterpress copybooks which Hermann
Is accused of destroying. Counsel sub
mitted with this motion an affidavit
signed by Hermann, In which ho, In
substance, says ho is not a bin to answer
tho charge acalnst him unless tho ramo
bo made mora specific,
From comments made last Friday.
during thn arguments on nermann's
domiiror, it is uoneveu lllttl justice
Gould will direct tho district attorney
to lurnisii a mil ol particulars, but this
can bo dono Instantly, and will throw
no now light on tho case, slnro tho pro
secution and defense are both awaro
what books worn destroyed. Today's
motion and Friday's argument mean
nothing but delay.
Dewoy Favors Big Warships,
Washington, March 21. Great hot
tleshlpa liko tho 18,000-tou Ilrltlsh bat
Ueship Dreadnaught aro tho crying
need of the American navy, according
to Admiral Downy, who appeared Jtefpro
tho house committee on naval Ti flairs
today to discuss tho futiiro of tho Ameri
can navy. At least two of tho 18,000-
ton battleships, with ten 12-inch uinis
each, should bo authorized at once, In
Admiral Dowoy'a opinion, Ho would
uso tlioao of American design, and
thinks wo should bo creative rather
than imitative in developing tho navy".
An Exceptional Sontertcs.
Los aVoIcb, March 21. Edward 1!
Thomas, an ex-Unlted States forest Im
spcclor, was today convicted on tho
charge of having leaned fraudulent
vouchers and sentenced to Hires years
In the penitentiary and tp pay fines ag
gregating $7,000. Ho was found guilty
on ten counts. Tho amount of Thomas'
alleged fraudulent vouchers was less
than $200.
Judge Gives Immunity to Individuals
But Not Corporations.
Chicago, March 22. All of tho park
era who were Indicted by tho Frdeial
grand jury last summer upon charges
if being In conspiracy In restraint of
trade and commerce wero today granted
Immunity from criminal prowcutlon
under the Indictment. While tho In
dividuals aro to go free, tho indict
ments found against the rortoratlons,
of which soma of tho Indicted indi
viduals are Miemlwrs and others art
employes, ate to stand.
Tho decision to tho above effect was
handi-d down this afternoon by Judge
J. Otis Humphrey, In tho United
States District Court.
Immediately following tho dismissal
of tho Jury, District Atlnrnoy Morrison
raised the question of tho date (or tho
trial of tho corporations. Ho asked
that tho case bo set for trial and tint
It commtneo within two weeks, This
met with a storm of protest from (lis
attorneys for tho packer, who insisted
that they would lo unable to Prepare
for tho rasa beforo tho fall of this year,
pleading tho number of wltnini. thorn
It would bo necessary to bring to Chi
cago, tho stialn of tho present trial,
and various other reasons. After some
dlsoiiiislon, Judgo Humphrey directed
that tho lawyers sgreo among them
stives upon a date and notify him of
their decision next week. x
Kutlor Proposes to Dlvldo tho Land
Among Peasant Proprietors.
St. Petersburg, March 22. M. Kut
ler, ex- minister of am (culture and now
candidate of tho Constitutional Demo
crats for election to the lower house of
the national parliament, today began
publication of an Interesting series of
articles on tho agrarian question. Ho
says tho only solution of tho problem,
which is a most crying Initio beforo
Russia, la tho exproprlotlon of the
land of tho big proprietors for tho ben
efit of tho peasants, who, hn contends,
havo a moral right to tho land, much
of which was stolen from thulr aurei
tors by tho iloyars when tho latter re
duced them to slavery.
Pattlton's Oaso Serious.
Columbus, 0 March 22. Governor
I'Mttleon's illnesi took a serious turn
today' "and his physicians woro nl hl
bedside until mhliiluht Dr. .Wilson
said thut the governor was qulto III to
day, after having spent n vory had
"iKht, but that ho was rustlnu more
comfortably tonight. There had been
an Increase of pain, which had raised
tho putient's fovor to 103 degrees, J)r,
wnnoii uociared that thoru was no dan
Kr whim - ho loft tho govornor'a bed
shlo, although (ho governor la n very
sick limn,
Gross Earnings Tax Invalid,
Austin, Tex., March 22. Tho Court
pf Appeals ol this, tho Third district,
today declared unconstitutional tho law
paBsod at tho last regular session of the
Texas legislature assessing a apodal
2 per cent tax ou tho gross earnings of
all railroads,