- wWr ww,. H. r GIFTS ARE ILLEGAL Opinion of Judge In New York Insurance Investigation. JEROME ASKS FOR WARRANTS If Intent Was to Defraud, Perkins Committed Larceny, Says tho District Attorney. ADVERTISE NORTHWEST. 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 FIVE THOUSAND DOLLARS In 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 decisions. 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 OREGON STATE ITEMS OF INTEREST CANNOT EXPEL SMOOT. GOVERNMENT MAY APPEAL. 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. COMPLAIN OF GRAZING RULE. 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 opens. 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. CREATED AT LAST. 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. SAILORS REVOLT. 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. THE TOPEKA IS CENSURED. HAS NOT THE POWER Congrces Cannot Control Lite Insurance OPINION OF HOUSE COMMITTEE 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 made. 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 discretion. NEXT ROUND FRIDAY. 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 ciples: 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 states, 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. PACKERS ESCAPE LAW. 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. PORTLAND MARKETS. 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 there. 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 26.50. 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 sack. Onions No. 1, 76000c per sack; No, 2, nominal. Potatoes Fancy gradsd Rurhanko, 50065c per hundred; ordinary, nomi nal; sweet potatoes, 2J2ja per pound. Butter Fancy creamery, 27Jtf03Oc per pound. Eifga Oregon ranch, lOo per dozen 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 Otfc. 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 BUY OUT GREAT LAND OWNERS. 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, w-. .tm&s