a K' i t m RV tv i WAS NOUTEALING Supreme Court Decides on Per kins Alleged Misdeeds. WAS NOT EVEN MORALLY WRONG New York Llfo Company Money Ap propriated Openly nnd Avowedly for Campaign Purposes. New York, May 26. The appellate division of the Supreme court today hsnded down it decision discharging ! otn custody George V. Perkins, whom the Supreme court had hold to await nction of the crend Jury on a charge ot grand larceny in connection with the campaign contributions ot the New York Life Insurance company to the Republican national committee. District Attorney Joromr, upon hearing the court's decision dlscharg ing Mr. Terkins, said: "1 shall appeal this can to the court ot appeals and get a decision there." Justice McLaugultn, who wrote the prevailing opinion, raid: "It the tacts set out In the deposi tions upon which the warrant here was issued be constrned in th most liberal way cot aistcnt with a Jnditial deter rolnallon, I am ot theoptnicn that such facta do not establish that the crime ot crand larceny has been committed, as the same is defined by the penal code. The defendant had a right to give ot his own funds to the chairman of the Republican national committee. The relator made the contribution at the request ot the president ot the insur ance company with the express under a andlng that it would repay him. The money belonging to the insurance com pany was appropriated openly and avowedly by the relator, after all the ticis had been stated to the finance committee, to reimburse him for the monev whichlhe had previously ad anTd." Justice Patterson, while agreeing that Mr. Perkins cannot be found guilty ot larceny, raid that he may be com pe .led by a civil action to make restitution, Inasmuch as the officers ot the company had no power to make the contribution. Justice Ingraham rays it must be understood the court is not now concerned with the civil responsi bility ot Mr. Perkins lo the company. He continue: "It was McCall who appropriated the money ot the corporation, and the officers or employes ot the company, who obeyed his direction in making that payment, without intent to de more than carry out the instructions ot the president of the corporation, were net, as I view it, responsible for the act," Justice McLaughlin rays: "It cannot be raid that Mr. Perkins did net have a moral da tea. eves though, owing to the act that the pres ident doubtless exceeded his authority, he may have had no legal claim for reimbursement," NEW BILL OF EXCEPTIONS. Defendants in WNRamson Land Fraud Case FKa Revision. Portland. May 2ti J. X. WUIiaaa- ran. Van Gesuer aad Maries R. Beggs filed yesterday, tbreash Judge Besaett, their attorney, a revised bill of excep tions with the clerk f the frdectl court. The bill is a ts)mMt kcc meat ol 1.6M typewritten pace. and repredoce is a )arg measure the lesti many t the trial in which tbey were convicted of eoaspiracy to defraud tbe gerer&sneot. A espy of tbe bill ' has be seat to Judge HuuL ot Maataas, wbo is ex peoted to to Portland about Jaae 16. Jade Haat rcsated to reeesve a ! tenser bill ot exosvtsoas preeeutoi by tbe defendant. It is aeceseary far eueh a bill to be accented before tbe rarea. go to tbe higher court. Jodge Hunt will probably pan upon this lat ent filing soon. Stir About Forest Reserves. Washington, May 26. Considerable stir was occasioned in tbe senate yes terday over an amendment to tbe agri cultural appropriation bill proposing to give 10 per cent of tbe receipts from forest reserves to tbe states ia which tbe reserve are located, tor reboots and pnblic roads. Senator Fulton pro posed increasing the doeattoa to 20 per cent, in view ol tbe (act that toe cita tion of reserves materially reduces tbe taxable area of counties, bat tbis pro voked considerable opposition, and probably will be withdrawn. Foreign Commerce In April. Washington, May 26. Tba fotelra commerce of tbe United States far .April aggregated. 1251,000.000, ot "which $107,000,000 was in imports and $141,000,000 ia exports. These figures are given in a bulletin issued by the bureau ot statistics, which cava tbat only in one previous April in the his tory of the country's export trade baa tbe total of imports and exports reaoa d aa much a.$ 200,000,000. ZULUS GAIN FORCE. British Fear That Another Great War May Como in South Africa. Pretoria, May 25. Tho garrison hero has been ordered to prepare to take tho field, and It Is understood that similar orders have been sent to ovoiy com mandant ot British troops in South Africa Tho situation in Natal Is growing moro and more serious daily and advices received trout the troops that are operating against ltamhata show that ho is receiving reinforce ments from nearly every tribe in Zulu land. Arms and ammunition are also being rent to him, and all elicits of the colo nial authorities to put a stop to this traffic have proved futile. Zulu spies are everywhere and ate apparently able to keep tho leaders posted as to field plans, as no sooner is a trap set for the rebels than they escape from It. They have also captured several convoys. The fact that the colonial troops have been unable to make any headway against the rebels, and that British regulars are to be called on, indicates how serious the situation is. The authorities are hardly in a position at present to enter into a great Zulu war, and it is understood that they will bend every effort to crush Uambatal within the next few days. All the regular troops that can be spared are to take the field against him, while the colo nials will act with them and will also try to prevent any other Zulu tribes from reaching Bambata until he can be crushed. ADMIT THEY GOT REBATES. Favored Merchants Testify Against Burlington Road. Kansas City, May 25. Testimony ot unusual interest was biought out this afternoon in the United States court In the trial ot George 11. Crosby, traffic manager ot the Burlington railway; George L. Thomas, of New York, a freight broker, and L. B. Taggart, his clerk, on a charge ot conspiracy in re bating railroad rates. The principal witnesses were George A. Barton, ot Barton Brothers' Shoe Company; George W.Taylor, ot Robert Keith Furniture Company; E. W. Freyscblag. of the Freyschlag Mercan tile Company, all of this city, and Walter Kelby, of New York, ders: in 1904 and K05 for Thomas. Tbe testimony showed that the firms mentioned received large sums ot money from mysterious sources after freight bills had been paid; sometimes in express packages, always from New York, but none knew who sent it. On the stand Freyschlag frankly referred to an agreement with Thomas whereby his firm was to receive 26 per cent re bates on freight bills, and told Low the asouty was deposited in New York to the firm's credit by one Jacksea, wbom he did sot kaow. He coald not resaesaber whether he or Tboeaas bad suggested tbe are of tbe sane. At first be said that tbe idea was bis, bat oa cross-exasaiaattoa be changed aad raid that be eoaU not re astoaber. He aisaitted that tbe nam was used to bide "tbis hatiaees," a terra all tbe witnesses today employed. EAQTHQUAKE WRECKS CITY. Immense Lets of Life at Umanka, Mongolia. VJetoria, B. CX. May 2. Mail ad- vkes from tbe Oriestt sute tbat aa earthquake ranting great lors of life and coasidorabie dasaare to prorertv scarred at tbe begsansag of May at raiaakai aad Tseiatty, m Mongolia. Tbe Pekia Tisnee reports taat a cbana several feet wMe was caused by tbe eartboaake. The walkJ eity of TJaiaakai was at atott eoosplesoiy destroy., tbe lors of life betas very heavy. Ota-sub at PWa baa received aers tbat tbe ea- lasaity was of cxrettoaal seventy aad arraagateaU wore being xaaoe tor tbe relief of tbe people in distress. Severe shocks are abe reporte-i frees Foki a province of China, tbe asott disattroas ia Chars Cboa prefecture, vSere assay building were destroyed . tbe lees of life was unknown. Metcalf Gives Evidence. Washington, May 2. SeoreUry Metcalf, eomplrisg with a resofatiea ot tbe house, has seat to tbat body a long report from CescmitiFO&er General Sargent, of tbe Immicrstfoa bureau, giving the history of tbe eaferces&est ot tbe Chinese exolasioa law. Tbe last chapter deals with tbe Chinese boycott of American goods and reproduces oS rial proclamations of Cal&ete officials, which, despite assertions to the con trary, show that tbe Chinese govern ment is at least sot discouraging tbe boycott. Hermann's Trial In June. Washington, May 26. Tbe trial of Representative Hermann is new robed- uled to take place in this city between Jnne o and 10, unlees some unforeseen obstacle should arise. Francis J. Henry has notifitd District Attorney Baker that be will come bark to Wash ington to conduct the prosecution. It is Mv.k.VlA (k . will Kj. vHcrwuwt rtf In IftWtWI.7 ,MV WK 1... wv ,g-v.M w ... three or four days. OREGON STATE ITEMS' OF INTEREST HE-ELECT OFFICERS. Boys' and Girls' Aid Society of Ore gon In Good Condition. Portland At the annual meeting ot tho members ot the Hoys' and Girls' Aid Society, J 0. Alnsworth, W. It. Gilbert and Robert S. Farroll were re elected dlrrc'.ois, and Miss Helen F. Spalding was chosen to fill the vacancy on the board caused by tho resignation of Mrs. W. A. Buchanan. Tho annual reports ot the officers showed tho institution in a tlouilihing condition. Superintendent VV. T. Gardner's report gave a thorough re sume of the work accomplished by the ecclety the past year. Under tho sur veillance ot the society In Oregon, Washington and Idaho there are 408 children. Of these there are 70 girls who ar in respectable homes In Port land. Assistant Superintendent Gard ner has been appointed to look after the children who have been placed in private families to se that they are doing well. In addition to this assist ant the society now has county sdvls ory boards to look after tho children in the different counties ot the state. OREGON STATE FAIR. Preparatinns Under Way at Salem for Greatest Ever Held. Salem The State Fair Board has be gun preparations for the greatest State Fair ever held In Oregon. A portion of the money that would have been ex pended for premiums Istt ysar, when then was no Stats Fair, was used to make numerous improvements on the buildings and grounds in preparation fcr this year's fair. All mam build ings have been repainted, stuck sheds and race horse barns extended and im. proved and the racetrack has been re graded. The board purchased a quantity of park seats and chairs from the Lewis and Clark air, together with exhibit cases, all ot which will be used tbis year to make the State Fair mora at tractive and comfortable. Many strik ing pieces ot statuary and Inside deco rations have been removed from the Lewis and Clark grounds to tbe State Fair grounds, where tbsy have been carefully repaired. Epidemic Attacks School. Aurora A teacher at the public school recently discovered that one ol the pupils had what she thought was chicksnpox, and sent the boy home with a note to his parents to quaran tine him. It proved to be chickenpox, but the pupil would not stay quaran tined, and went back to school. The rcbooi directors eoasslted a physician. The doctor advised tbat the pupil be allowed to attead school, on tbe ground tbat be bad already infected tbe schol ars, and sure enough he bsd, and sew halt tbe cbiMera in town are affected. WW Sentence Meklrum. Portland If Judge Wolrerton im poses the maximum penalty on Henry Metdrasa, former surveyor graeral tot Oregon, be will go to all with a sea teoce of 218 years ot imprisonment baaging ever bis head. If the court imposes tbe heaviest fine tbe law alt lows, MWram will ewe the covern meat 21.000. Judge Wolverton set Friday, June S, as the day on which MeMrum will eosae before tbe court for sentence. A motioa for a new trial is peadiag in tbe ease. Berry Pictesra Scarce. Portlaad Pa (land emptoymeat ageacaes are aot only besieged by rail toad csairaesors for laborers, bat calls are now eaasiag ia from Hood river and Waste Salsaea straa berry fieWs for pickers. Tboacaads of mea and womea are wanted for this wotk and tbe cry Jar help aids to tbe embarrassment of labor agents wbo are already trying with all their might to K--ure laborers ior railroad aad oisutraeiioa camps. Ackerman Resotres to Retire. Salem J. H. Ackerman, state super satesdeat of public instruction, has announced bis iateatioa to retire from pesiUea at the end of bis next term. Mr. Ackenaaa baa tbe disttectioa of being tbe Bpublican and Democratic somssee, although be only accepted the Bepubiscaa BOsiBatioa, and bis name will appear on tbe official ballot only aa tbe BepsbUcaacaadidate, Klamath Land is Reopentd. Washington Daring 1KX 5 1.600, 003 acres of pobhc lands in tb Klam ath region el Orrgsa nstd California were reaerrtd, pending investigations to driersese tbe ieatihUtty of reclaim inx undo- tbe Ela-uib irrigation project- Eakf of tbis area is &ew restored to entry, tbe balastce being reserved ar las-da reUisa.W Jor noervoir silos or rights of way. Hop Proipocta Excellent. Aurora Hops in this section of the valley, tbe baxssar hop-raising district of Oregon, are farther advanced this year than ia forz&er seasons at this time. There is a large acreage, and all the yards are showing veil. MAY RETAIN LICENSE. If Solvent, Insurance Companies Will Not Do Oustod by State. Salem Secretary of Stato Dunbar, who is ex'Olllcio itisurauco commission er ot this state, when shown tho state ment that Callfonla anil Nevada Insur ance, commissioners would drive out companies that quibble ovor tho pay. ment of San Francisco tiro losses, satd that so far as Oregon Is conceriird he cannot take any note of what tho vari ous companies do In California or any other stato so long as they comply with the Oregon law which entitles them to do business In this state. There Is on deposit with the state tteasurer $3,100,000, In interrst.bear Ing securities, which tho 00 companies doing business In this stato have put up to secure the payment of any loss they may sustain and which has been finally adjudicated against them. Fifty-eight companies have put tip $50,000 each and two companies $100, 000 each. Only one company has notified the commissioner that It cannot continue to do business in Orrgon on account of California losses and that is the Trad era' Insurance company, ol Chicago. All agents have been notified to ceaso writing insurance tor that company. The $50,000 on deposit will be held to pay any losses sustained hy Oregon policyholders in that company, or until all its policies have been legally can celed, when the deposit may bo with drawn. Mr. Dunbar salJ that refusal or Ina bility ot an Insurance company doing business In this state to pay any of Its California losses would not be sufficient reason for him to cancel their Oregon license. All he Is authorised to do Is to look out for the interest of Oregon policy holders, and it the companies comply with the Insurance statutes of this state tbsy can continue to do business, as they are solvent. If any ot them be come insolvent they pot tbemselvss out of business without any Interference on the part ot the commissioner of Oregon. Treasure Mine Sold. Eugene A mining deal of import ance has been consummated In this city. Charlee Harding Park, residing here, has sold the Treasure mine in the Blue river district to J. Kowland Bags- dale, ot Maccbestrr, Kngland. The purchase price is not made public, but is said to be the highest ever paid for a mine in the district. The Treasure mine has long been known to be one of tbe richest properties at Blue ttver. Mr. Park has spent much money In Its development, and in the ertctlon of a ten-stamp quarts mill on tbe property. Cherries Ripening Rapidly. Aurora Cherries are ripening fast and all kinds ot fruits are ahead of far mer years. The severe cold snap of two days in March bad no appreciable eCeet on fruit trees In northern Marlon county. PORTLAND MARKETS. Wheat Club, 79k; bluestem, 74 7c; red. 7lc; va ley, 7ot371e. Oats No. 1 white feed, $26; gray, 133 50 per ton. Parley Feed, $23.60824 per ton; brewing, $243240; rolled, $24 603 26 SO. Hay Valley timothy, No. 1, $12813 per ton : clover, $7.6008; cheat, $63 7; train bay, $7gS; alfalfa, $12. Fruits Applet, $2 603 60 per box; cherries, $1 21.40 per box: straw, berries, California, $1 3631 40; Ore gou, 10316c per pound; gooseberries, S-afic per pound. Vegetables Asparagus, 7c(3fl-3e per box; braas, 839e per pound; cab b. $17682 per 100; greea corn, 00c per down; onions, 103 15c per desen; pa, 36c; radishes, 16c per dosen; rhubarb, 3c pound; spinach, 90c per box; turnips, $1Q1.26 per fad; car rots, 66876c per sack; beets, 5c(3$l per ack. Onions Bermuda, 4c per pound. Potatoes Fancy gtadej Butbanks, oogooc per nnnurm: ordinary, nom inal; sew California, 2c pet pound. Butter Fancy creamery, 17, S3 20c per pound. Kggs Urrcoa rancn, 19820c per dosen. Poultry Average old bens, 13VQ He per pound, mixed chickens, 123 ISc; broilers, 20Q22ttc; young roos ters. 124 9 13c; eld roosters, 123 12Vc; dressed chickens, 16c; turkeys. live, l&SISc; turkeys, dressed, choice, 20 8 ISc; geese, live, 10811c; geese, dressed, old 10c, young 12c; ducks, old 17c, young 20c. Hops Oregon, 1005, llK12,4'c. Wool Kaitern Oregon average best, 16321c; valley, coarse, 32023c; fine, 24025c per pound; mohair, choice, 2S S0e per pound. Vsal Dressed, SHQCc per pound. Peef Dressed bulls, Sc per pound; cows, 4S⪼ country steer, 696c, aiution urease! lancy, 7Utc per pound; ordinary, t(J6c; lambs, with pelt on, Sc. Pork Dressed, 7&vc per pound. FAIRBANKS CITY UUHNED. Largest Town In Alaska Sufl'iirs Heavy Loss, liicludlnR Foodstuirs, Fairbanks, Alnskn, May 32. l'lro has broken out hem mill Is threatening tho town with destruction. Tim Wash. limlon-Alnskn bank Is burned. Tliv (lames have oiosscd First nut) Hcconil avenues, anil nro rusliiiiK "P uiiriiiiiaii street with great speed. Tho National bank Is doomed. Nothing can save tho town. Heattlo, May .1!. A sprclal to the I'osMiitolllgoucitr tonight states that tho ctttlro business section ol tho town of Fairbanks, Alaska, was destroyed by a flro which stnrtwd In tho Fairbanks building, a three-story frauio structure, at 4 o'clock yesterday afternoon. Details ot tho disaster aro very ineag or, hut It Is feared that tin food supply of tho town has Imwii destroyed and great suffering may result. Nothing was left standing in the section lying between tho water front and Third avenue and Htacey and Tur ner streets. Tho work ot the fire fight ers was cnntcrcil on tho block of ware, houses owned by the Northern Com merclal company, In order to protect the food supply of the town, and the result Is still In doubt, The loss is estimated at $1,000,000, and It Is announced that the hravlrst Interests of tho town are already pro. paring to rebuild. No lives were lost. Fairbanks Is a mining town on the banks of the Tanana river .n Alaska. It Is the entreat for the miners In the girat Tanana section, one of the rlchsst gold-producing regions In the girat country In the north that was bought from Hu-sla by tho United States. The output of the Tanana mines has lecn enormous, inti the town has Istely as sumrd tho proportions of a city, Mng credited with a populalon ol about IB, 000. WILL AGREE ON STATEHOOD. Conferees Will Recommend Foraker's Original Plan. Washington, May 2.1. An agree ment on the statehood hill will I em bodied In a conference report which will bo reached this week, according to Information today. What the terms of this agreement will be cannot be stated with preclseness, as the report has not yet been drafted. The plans which seem to Im acceptable to both sides, however, are: That Oklahoma and Indian Territory shall be admitted as one state at once; that Arizona and New Mexico shall l allowed to vote separately on the ques tion ol being Joined In one state; tbat the vote shall be cast at a regular terri torial election, when officers of the ter ritories are voted ter. The piepotltlen Is generally known as the Foraker amendment at a year ago. MORE ABOUT STANDARD OIL. Garfield Preparing; Further Sections of Report on Methods. Wsshlngten, May 23. Commission er of Corporations James It. Garfield stated today that he would submit to the president further Information on tbe result of his investigation ot the oil Industry. iLhas not yet been de termined, however, whether this will be in one single report or several sepa rate reports. The report recently sub mitted to congress covered the question of transportation and freight rates, and .Mr. uarnrM is now engaged In pretiar ing reports on the production and refin ing ot oil, the control ot pipe lines, or. ganliation, foreign trade and conditions and competitive methods. The data for tho first four has practically all been received, and the report on com. petitlve methods is well nnder wa. Mr. Garfield aald ha did not believe he would be able to submit to the presl dent any of three reports before the ad journment ot congress. Readjust Philippine Coinage. Washington, May 23. Senator I.oJge today Introduced a bill at the request ot Secretary Tatt for a readjustment of the ratio of tbe Philippine coinace and for an Increase in the elasticity ot the prwm system, me bill is frame. I npon tbe recommendations of tbe Phil ippine commission contained in the annual report and in brief authorises the commission, with the consent ot the president, to change the weight and fineness of the silver peso and to recoln the existing peso so as to adjust it to the change. dapansse Send S3 0,000 More. Washinirton.Mav 23 Th. An.,u. National Red Cross received $30,000 today from the Jspanrse Bed Cross for me reuei ot the San Francisco earth quake sufferers. This bring the total Jspsneee Red Cross mntrlt.mlrm i J $80,000. STOCK FREE OF COST Illllll IKJIIiUllil UlllWilllv Acquire Coal lloldlnys. COMMISSION MAKES DISCOVERY Stock Paid for by Granting Mates ami Discrimination In Distribu tion of Cars, Philadelphia, May 24 Fiirtlmr mv. elatlons concuriiliiK stockholding in suit coal mining companies by official of tlm I'onusylvanla railroad Hero inadn today when tho Interstatn Com. uierco commission resumed its lnvttl. gallon Into allegid discrimination by railroad In thn distribution uf rsrs. Three high official of thn railroad tr vice, Vice-President John P. (lren. Third Vice-President Hatuiinl Ite ami William A. Patton, assistant lo the president at Phlladxlphla, wrro the Im portant witness? ot the (lay. Mr. Patton was under ciiaminatlon the greater part of the morning ami was an unwilling witne. The pr slstent qurstloriliig ot Mr. Glasgow, at tcrnry lor the cuniiillon, lioworer, brought out thn fact that hn hail sr. quired stock, thn par valun of which is $307,000, In various coal compsnlrs without cost. He eiplalnid, howsrrr, that he had signed notts obligating himself for hi share of the losses and Ireland hi belief that it wa proper fur him to accept the stock under thrso4 conditions. Mr. Una rrad a stabnnnt to thn com mission, in which he eiplalnid allot his stock transactions, stating that Im d d not !ellev he was lUUrrnl from ownership lxcause ot his connection with the railroad company, Mr Itra satd that mot of hi stock was aoulnd through his associations with land pur chailng syndicates, which tot np tho coal properties for development. Mr. Green said that 20 or 30 years ago it was not conshUrtd Improper for an official ot the road to own cal com pany stock, but that conditions had changrd ami such holdings might not now be rrgarded In the same light as formerly. Ha Informed the commis sion that thn hoard of directors of llin Pennsylvania railroad, acting ujon tlm Information that had been hroonht out at the hearings, had today appointed a committee ol five director to mike sn Investigation Into the connection of it officers with coal companies. Mr. Green said ho did not own a dollsr's worth of coal company stock. Other witness tmtlfird to stock ownership and discrimination In the distribution ot cars. MAY CLASH ON CANAL. Probable Disagreement Oetwseo Two Houses on Question. Washington, May 24. A growing sentiment in the senate in favor ot Mtklng the proposed eanal appropria tion applkabte only to thn conitractlon ot a sea Isvrl canal across th MIhuis of Panama In accordance with the ma jority rrport of the senate coinmltiee on interocranlc canal Is proving em barrassing to the administration, which Is eoruiultted to the lock type. Presi dent Hooeevelt todty discussed tie sub ject with senate leaders wbo relied at the White House, ami apparently he Is maah eooeerard a to tbe autoc me. As the result ot the president's In quiry, an attempt will be iiisde t-xlsy to ascertain how the senate stands on the question ot canal type. Them were too many abseotrea to nuke an effective poll, but it was learned that several senatois who had ben counted upon to support tho administration progrsm w vote for a sea level rsnsl. Secretary Taft ha Informed the srnato that, II the typo ot canal is not i'etrr mined by convicts, thn president will not nrsltato to proceed with the plans lor a lock canal recommended by the minority ot tho board ot consulting en gineers. Shall Moody Prosecute? Washington, May 24. An Important conference was held at the White Houio late this afternoon, participated In by the president. Attorney General Moody and James H, Garfield, commissioner ol corporations. It Is understood that, In connection with some feature of the recent report on the oil industry by Mr Garfield, tho. question considered wss whether a legal remedy Is to bo applied or whether the rate bill now pending, when finally passed, will not famish a remedy for some ot the matters com plained of. New Dominican Revolt. Washington, May 24. News of an other outbreak in Santo Domingo rraohnl here today from a senior naval officer on that station, to the following elJrct: "New has been received ot n insurrection at Macorls, Santo Domin go, In which prisoners weio released, tho rebels withdrawing. No American interests endangered,"