issued m:i-KEi!f; : ( a VrtS: x'tA iiiitOSELi )-"..: ; i ! ; -- ii-' m -pa i 11-11 TUESDAY A!!D m suay - a::d f, . FIFTY-FOTTETTI YEAR NO. 12. SAT.TTT.T, OREO ON, TUESDAY MOENTNQ, MAY 1G, 190 5l first section eight rAc: STATE MOURNS HONORED DEAD . i OGIM EEAFEB. CAXXS HON. CHAS. B. BELLXNOEB. ABLE JTTEIST PASSES AWAY. Straggle. With Death Comes to End Yesterday Afternoon, Calmly. Sweetly; Peacefully. J Oregon Bows It Head In Sorrow at . Departure of Noble Citizen,' Erudite Judge and Worthy Man Brief Biog raphy of United States Circuit Jurist PORTLAND, May2. Judge Charles B. Bellinger, of the -United states Dis trict Court of Oregon, died th is after noon at 3:49 o'clock of a complication of disease. - d , , ; . , The judge , was taken J seriously ill just, afaer reading, his decision in the plea in abatement in tbe ' Senator Mitchell land fraud, eases. Tbe tre . mendous. Strain attendant upon the preparation of this momentous decision greatly jsapped the vitality of the jur-j it, and one complication after another made themselves apparent. This morninjj the judge, surrounded by bis family, lapsed into unconscious ness, j'owerrm stimulants were su ministered, with no effect, i For tbe past year the judge has been listening to tbe story of the land fraud rases. lie has iwn men whom he knew aud respected for years drawn into the net of the government, indicted and charged with crime and rolsdemean on, and has been compelled, in the strict performance of his duty, to put aside his lifelong ties and all friendly feeling and decide, tbe points at issue, which meant either ruin to these friends or acquittal of all the changes. In almost every ease the judge found it bis duty to decide against his friends, and this weighed heavily on him. ' , i Hon. Charles B. Bellinger eame to this state in 1847 from hi native conn, ty of Knox, Illinois. His ancestors were early settlers of tbe state of New York, his grandfather, Job n 'U. 'Bel. linger, an- his father, Edward H. Bel linger, having been born in that state, In 183G both grandfather and father moved to Illinois, from where. in 1847, lured by the large donations of rich land in Oregon, they emigrated with their families across the plains to this state. Although they underwent dan gers and privations on this overland journey, yet never was regret for tbe . venture ever heard from either in life. The journey was accomplished with: oxen and was slow and tedious in the extreme. The. little child, Charles, made the journey and was subjected -to all the mishaps and trials of that long trip.' 1 Tbe Indians in tbe Columbia basia were troublesome, trying to rob tbe lft tic band of its cattle, out by vigilance and courage it managed to protect itself and its property from the sav QUALITY ISNT ALWAYS SO APPARENT WHEN YOU'RE BUYING A SHOE. : : : : : : Its true worth is discovered only -after considerable actual service: : Ifs the deoendablc wearing qualities, com bined with the correct styles THE BROWN SHOE CO.'S Our Cash plan brings reliable foot wear within reach of the smallest parse. yNtvtK MtNDWTrrL ' ff--i BLUE RlfJSONJMOtJ DRY GOODS, ' CLOTHING, . . LADIES' AND flfcN'S FURNISHINGS .Salem's Cheapest One-Price Cash ; Store ages, arriving safely" in the beantiful Willamette :- valley, where the father and grandfather of the subject of this sketch each took up a section of land near what is, now known as Salem. . - Bellas Practice Bert. On their new possessions thev erect ed. cabins,' with puncheon' floors, and commenced 'their, pioneer life. ' The grandfather of Judse- Bellinger lived to the good old age of XI years, dying i inio, . iie waa a -souiier. in ine war of 1812 and built the fit st r anil boat in New York, -and is remembered by many of the older people of this sec tion of the state. Three years after their arrival in this state Judge Bel linger's father died, leaving the younc boy to the care of his grandfather and mother, who -was Miss Kiiza Howard, a native of Illinois. . live children" were' bora to this union, three of whom first saw the light of day ia Illinois and made the journey across the plains, and two others being born in this state. Judge Bellinger was born in Knox county, Illinois. Novem ber 21, 1839, and was eight yean old when he made tbe journey from that state to Oregon. Upon arriving here, be attended the district school r and later entered Willamette - university, where he was a student in the aeademio -tpartment for two . years. He then began the study of law and was admit ted te tbe practice of law in this state jn 1863, beginning his practice in this eity, where be was most successful dur ing his seven years of professional practice here. Appointed Circuit Judge. In 186ft be was elected to the state legislature by the democratic party and during bis two years of serviee made for himself a most enviable rec ord. In 1870 he moved to Portland, where be has since resided, continuing bis professional business. For a year he was the-editor, of the Daily News, after which be received tbe appoint ment to the clerkship of the supreme court of the state and also reporter of decisions. His wide knowledge in the law and his keen perception of justice won for bim a state reputation, na be was ap pointed to fill. the vacancy in tbe cir cuit court for Oregon by Governor Thayer in 1882, upon tbe death of Judge Matthew P. Deady, a position he held for two years with credit to himself and the high office that be filled. ! Bee elves Further Honors. Farther honors were his when, in April, 1892, a vacancy on tbe circuit court for tbe United States, occurring, be was appointed to that ' office by President (Cleveland, a position that he has filled -ever since.' With Judge W. W. Cblton, Judge Bellinger compiled Ahe code for the stste of Oregon in 1903. Judge Bellinger was married in 1859 to Miss Margery S. Johnson, a native of Ohio, who came to this state in 1852. To this union were born seven chil dren, four sons and three daughters: Oscar, Victor C, John, Everett IL, Edith, Daisv and Kate. , Jude Bellinger is a Boyal Arch Ma son and is a past master of the blue lodge. In religious views he is a Uni tarian. As a iudire he bad made for himself a most enviable reputation and enjoyed no less a reputation as a prae ticing attorney, having in the trial of intricate cases lew. equals ana no su periors. , and proper fit, that have made SHOES So Popular : ittlc BextV Blue st Loir hex Shoe. Vmat -Thau- Little- Berry p JlVE HER AMOTKt. 1 , MATCH THE CrTMCR.. AND THEN SHEVUL HAVE TWO. DtT Bvjter Brovk them came along And vhat oto littie Bvster.Po? flEiAVE MEft A PAIR OF TO WEAK. THC FAMOU5 0LVC RlBBoM SHOE art Jtm. i 1 LOJT NT imt) 2 ' re, vn-t ri m Tt mmomm itct CO S3 V ARE REGARDED :'i:NDISMC5S STJPBEME COUBT HOLDS AGAINST OPEBATION Of POOL BOOMS. ABE OFFENSE AT COMMON LAW. Punishable is ' Nuisance Before Any Sort of. Gambling Was Pro- A .MbiteL ... Tend to Draw Together Disorderly Per " sons and to Encourage Vice, Idleness and 'Breaches 1 of Peace - Important ; ; Opinion Bendered by Judge Bean. " The keeping of sueh a house is ' a separate aud well defined offense at coin raon law, entirely independent of tbe criminality of , the business eondueted therein, it was punishable as a nui sance before any. sort of gambling was prohibited, or even considered to be against publie poiiey, because it tend ed to draw together disorderly persons and to encourage vice, idleness and breaches of the peace." Such, in sub stance, is the holding of Justice B. H. Bean . of , the supreme eourt, yesterday noon, when be gave his decision affirm ing the decree of Judge Fraser of the circuit eourt for Hultnomah county, in the case of tbe state, respondent, va M. O. Xease. appellant, better known as the "jpool room case." , ) Statement of the Case. The ; appellant was indicted Novem ber 17, lio4, for "the crime of wilfully j and wrongf nlly committing an act which grossly disturbs tbe publie peace and openly outrages tbe publie decency and is injurious to publie morals." Tbe act complained of, was . that between Oeiober 20 and November 1, 1904, the defendant tlid for gain habitually sell pools upon horse races and procure idle and evil disposed persons to come to his house to buy pools and bet upon horse races to the common nuisance of all good citizens and contrary to the statutes in such cases made and pro vided and against the dignity and peace of tbe state of Oregon. The indictment was based ' upon section 19 SO of the code, "r A general demurer was over ruled and the trial resulted in a ver diet of guilty. A $200 fine was imposed and the defendant appealed. f The onlv Question cresented on the appeal was whether keeping a house where pools . upon horse raees were bought and sold constitutes a crime un der section 1930 of the code. The pros ecution contended that, that section of the code is a re-enactment of the com mon law upon the subjeet of publie nuisance in tbe particulars specified and that to learn tbe meaning - of such phrases as "grosMly disturbs the public peace" or "openly outrages the public decency and is injurious to public morals," recourse must be had to the common law of nuisance. Numerous cases were cited from decisions in Eng land and several states in this country in support of the contention that the keeping of a gaming house was a viola tioa of the common law upon the sub ject of public nuisance, in that it tend ed to disturb the publie peace, outraged publie decency and was injurious to publie morals. The defense contended that in the enactment of section 1930 the legisla ture did not 'Intend to adopt the com mon law as to indictable nuisances, but that this section was intended to ap ply to breaches of the peace, indecent exposures, dissemination of obscene lit' erature and similar acts. IS Declared a Nuisance. Continuing the opinion says: "That such a house is a gaming or gambling house and punishable as a nuisance at common law, whether bet ting on a bprse race is a crime or not, has so often an. uniformly been held by the courts that it is no longer open, to discussion. , There is no dissent and it is , unnecessary to do more than to cue authorities. : ? "By its charter the city of Portland is antaorised to prevent and suppress gaming and gambling houses, but not to make sueh places lawful by licensing them. Nor, as we understand it, are these positions seriously controverted by the defendant, but his contention is that there is no law in this state i for the punishment of tbe -keeper of a com mon gaining houseV; j . -" Now, there is no statute providing specifically for such an offense, nor bate we any common law offenses as such, but section 1930 of the code is a part of the original criminal code reported to and adopted by the legislature and was probably tsken bodily from the draft of a penal eode for the state of New York, generally xnown as tue nui; sance statute. lt was evidently-'intended to cover sueh offenses against the publie peace, health, common de cency and publie morals and sueh ss grossly, injure ithe person or property of another,' which are not otherwise punishable by the eode. n Independent', of any " statute the keeping of a common gaming" house Is indictable at eommon law on account of its tendency , to bring together dis orderly ' persons, promote immorality and lead to breaches of the peace. Such an establishment is thus a common nui sance." S - . 1 v Other Opinions Handed Down. - Other opisions and - motions handed down were: , :s ' Herbert Beadle, appellant, vs. D. Al Paine and ,V. Kuykendall. partners un der the firm name, of Paine A Kuyken dall. resnondents:" from Lane county; J. W. Hamilton, judge; affirmed. Opin ion by Chief Justice olverton. , This wss suit to recover f.or injuries alleged to have been sustained by plain' tiff in the negligent treatment of his arm by the defendants, the arm hating been broken, t dislocated and . bruised. A decree was .entered for the defend ants In the lower court and the plain tiff annealed. The decree, however. was aiiirmed by the appellate courts Oeorpe F Livesley, appeiuatf vs- James Muckle7 respondeat; from Colum bia county; T. A. McBride, judge; af firmed. Opinion by J sstiee Bean. George W. Beott and JI. A. Hammond, executors, respondents, vs. Cva Ford, appellant ; Jtrera Laae county; respond ents'. motion for a rehearing denied. William Knoll, respondent, vs. W3 liam Coach, appellant; from. Douglas county; .appellant 'a petition lor a re- Hearing ueniea. - s ARRESTED XOE GRAND IASCENT. BAKERSFIELD, CaL, May, 13. Biehard , Heath was. arrested in Kern City this afternoon .upon orders from Dayton, wasta where lieath is wanted for grand larceny. t,. WILD MAN KILLS - - W. P. ROBINSON KILLS TWu, : WOUNDS TWO AND SUICIDES . ' 'in'san dusoo. Oenerally Believed Drink and Brooding - Over Nihilism Brought on Fit of In sanity, In Which Man Uses Bifle, Re volver and Dirkv SAN DIEGO, May 15. Armed wjtb a rifle, revolver and dirk, eaeh of which was used with deadly dexterity, a mad man ran amuck in this eity today, kill ing two men, a bov and a woman, wounding two other persons and finally blowing off the top of his own head and dying in a few minutes. Three of the vietims 'l'ved in the same house with the slayer; the fourth person whom be killed and the two who were wounded resided half a mile away, and in their house the maniac took his own life. The man who enaet-ed this ' ghastly tragedy was W. P. Robinson, about 40 years old, of powerful build and of some - education. The precise causes which led him to this wholesale mur der may never be ascertained. It is known, however, that he was a heavy urinker, that he was intensely inter ested in the nihilistic movement in Russia, and that'against two or three of his victims he fancied he had some petty grievance. On the other hand, he is said to have been ordi narily a "good natured man and Inclined to be gener ous, one of the last persons likely to take a life.. The general supposition is that drink, and brooding over nihilism brought on the attack of homicidal mania. LEARN DETAILS SECRET TRANSACTIONS OF AETNA TRADING COMPANY. ARE . REVEALED. After Two Months Labors, National National Bank Examiner Starteck Appears Before Federal Grand Jury Investigating Packing Industries. . CHICAGO, May 15. The members of the- federal grand jury investigating the business affairs of tbe beef packing industries today learned all tbe details of the manner in which the officials of tbe Aetna Trauint? Com nan v keot its boons. This company, is said, was the means by which the packers, sup posed to form the beef trust, transacted their secret business. National Bank Kxaminer Starteck, who, for nearly two months, bas been studying over the books, found in tbe six trunks taken from tbe First National bank bniluing safety vaults, bas completed his task and was before the inquisitors, today. lie win eontinoe his testimony tomor row. Through these books, found in the trunks, the assorted secret system of the Aetna Trading Company has been revealed -and ail persons connected with the operation of the company are said to be known.. 4 ,. - , . . Srt' - ' Be sure that every n you, buy, has the ' "ROBERTS" ' label on it. Best Hat on: Earth. ft .. , .... ... r. a HEARS FIRING IN JAPAN SEA TELEGRAPH'S . CORRESPONDENT SO WIRES PAPER IN LONDON. JAP BOAT RUSHES T11ITHHK. Nokko, Converted Cruiser, Damaged la Storm Off Reefs of Fnsaa Sev- -' erxl Days Ago. Russians Said to Hare Estahlished ' Wireless Station on French Territory 'by Which Communication Is Had With Officials at St. Petersburg. . LONDON, Ms y 15. A dispateh from Saigon to tbe Associated Press stating that the Russian fleet had sailed north ward from the vicinity of llonkohe on May 14 is the latest news available in ondon regarding the movements of Bojestvensky. A dispatch from Hong Kong to the Mail says that Hamilton King, ' the American minister at Bangkok, who is a passenger on ooard tbe steamer Pit sa'nloke, states that on May 11 the steamer " passed twenty-four RussiaitJ warships twenty-four miles north of. Kamraon taj, According to the Telegraph's Tokio correspondent, during a . great storm several days ago the Japanese convert ed cruiser Nokko was damaged by stria. ing a reef off Fiisan. rbe correspond ent further says that it has been ascer tained that tbe Bussian fleet has estab- ushed a wireless station on French ter ritory and has communicated with tt: Petersburg by way of Saigon. A Norwegian steamer, the Tele graph's, correspondent says, reports having heard cannonading from 8 to 11 o'clock on the morning of May 11, in 33 deg. 43 min. nortn latitude and IrU leg. 20 nun. east longitude, and a Jap anese torpedo boat was seen running in that direction.; j GUARDS DURING THE EXPOSITION Six Members of Company M of the Militia Go to Portland to , Do Duty. - First Sergeant II. II. Lucas. Sergeant Chester A brains, Corporal Will Kant ner, Privates Perry James and Will Glenz, and George De Miranville, cook, departed for Portland on Sunday even ing to report for duty as iraards at the Lewis and Clark fair. They are" "ill members of Company M of tbe'mlitia of this eity, and comprise the detail from . this company for that honorous and remunerative duty.- They were to nave reported to tbe commanding offit eer of the guard at 9:30 o'clock yester day morning, when organisation of (ke entire guard took place. DID NOT LOSE THEIR RIGHT. Supreme Court Declares That Yakima Indians Still Possess Right to Flab, WASUliSUiXiA, Aisy 15. The su preme court today, by' reversing the lower eourt, deeided that the Yakima Indians did not lose the right issued by the treaty of 1859 to fish for salmon in the Columbia river when the Winans brothers ; secured a license from tbe state o Washington to operate fish traps. - i eksssssswssisMssBsWSansBBssBBBSsw RACE ACROSS ATLANTIC OCEAN. Eleven Large Sailing Yachts Start This Afternoon for German Em peror's Prizes. NEW YORK,1 May 15. For a valua ble cup and three other prizes, offered by the German emperor, eleven large sailing yachts assembled in the inner harbor today, prepared to start tomor row for a race across the North Atlan- If you want quality Come to the Woolen Mill Store 'Early-, ' ' Arrivals IR.eady THERE is an old saying about the early . . bird that catches trie worm; and it puts us in mind of the fact that the wise mortals v who realize the importance of being at the -. head of the line always, are'usually the ones who get the best things There Is certainly distinct advantage in the early selection of . , seasonable clothing, for instance, as any one . can tell you who . has tried ever it. Our spring styles in Clothing, Hats and other new goods, arc now ready to change hands. We have had them just long enough to ap . predate their splendid qualities; but we bought them to sell, and we want you ; to : have them; : - hat $3 8a!om TJooIon Llill Storo r.-i. r; s ,t . - tic Eight of the contestants are ves sels owned in this cos n try, two from England, and Germany bas one. A rep resentative of Emperor William, assist ed by a committee ef American yachts men, will start the fleet at 2 o'clock to morrow off Sandy Hook lightship. The finish wiH be at the Lizard, oa the co sat of England, where a German war ship will note tbe winner. HEAD OF COMMISSION ARRIVES. TANGIER, "May 35. Count von Tat tenbach-Ashold, bead of the German mission to arrange the special commer cial treaty between Germany and Mo rocco, arrived at Fes. May 11. INTERNAL WAR RUSSIA IS AGAIN IN THE THROES - ' OF FURTHER LABOR DIS- " f TURB ANCES. Mill . Operatives Quit at Sara toff 8trike at Odessa Begun and Threat ens to Become General--Lihau La ' borers Go Out Fores Stores to . Close. 9ARATOFF. May 13.-A11 mill and factory workmen struck today. Odessa, May 15. A strike of large proportions began here today and threatens to beeomeReneral. j Liban, My 15, A strike was organ ized today in this port and in the fac tories here. The strikers have 'forced all the stores to.clwte. - . SMHWWMSMsSaMMlMSSi FIVE ARRESTS ARE MADE. Two Suspects Held for Further Inves tigation of Santa Fe Road Wreck. EMPORIA, Kas May 13. Seven men were arrested this afternoon by the Hants Fe detectives on suspicion of being Connected with the wreck of train No. 17 yesterday. Five were re leased and two were held for further investigation. All are former railroad men. No sign of the two passengers said to be missing was discovered. BROWN MEN PLAY BALL. BERKELEY, CaL, May 15. The Japanese basebsll team from the Uni versity of Waseda was defeated today by the University of California nine by a score of 5 to 0. BOWEN REPLIES FORMAL TRIAL OF ISSUES BE ' TWEEN MINISTER AND LOEB IS BEGUN. " - Diplomat Calls Upon President Roose velt and Secretary Taft Later Be . gins His Reply to Charges Prepared by Assistant Secretary of -State. WASHINGTON, May 13.-The for mal trial of issues between Acting Sec retary Loo mis and Minister Bowen be gan today, when Bowen presented him self st the White House. lie sent his card last night to the president and followed it this morning by appearing in person at the White House, where he was received by Jhe president, who told him, as he had come to answer his sum mons, he would be pleased to have tbe minister call at once on Secretary Taft. Bowen accordingly went to the war de partment and spent a short time in con versation with the secretary, after which, on the advice of the secretary, Bowen returned to bis hotel and began preparing an answer to the counter charges preferred bv Loom is that Bow en, had instigated the circulation of un founded reports against bis superior in office. . . 1 w AN ARMISTICE is declare: TRUCE IN. TEAMSTERS STEKI ON UNTIL THURSDAY. SPEEDY -END NOW PREDICTIID. Drivers Declare They Will Contisss Fight and Make Appeal to . President Oompers. ,j International Brotherhood of Teamsters to Meet in Chicago This Week ViU Probably Decide ? Upon Future Ac tion of Chicago Drivers. CHICAGO, May 15 A pMCtic.it armistice in the teamsters strike was declared tonight to last until tbe of- ncers of tbe Jnternation.il lirotherhoo i of Teamsters had met here, cither Wed nesday or Thursday. At a meeting of the' teamsters joint council held to njdght to reconsider its action of Sat urday night, when it was decided to refuse the demand of the Team Own ers' Association that deliveries be niale to houses where the strike exists, the niemlers of the council reaffirmed tln-ii; stand and decided that thev could no; accede to the demands of the Team Owners Association. As a result of tod.ivs developments In the teamsters' strike the employers Itrediet a speedy end, while the labor fnders assert that the strike will spread and will be assisted financially by un ions all over tbe country. An apjxvil for funds has ben sent out by liei lent Oompers of the American Federa tion of Labor, which gives color to the latter conclusion. What the employers take as a slen of the end of the strike was n tele ! gram Sent by President Rhea nf the teamsters to tJomtier's. Tho teleijrnni was to arrange for a meeting of tho Federation of Labor to be held in Chi cago the latter part of this week. Fhea telegraphed Oompers to come to Chi cago forthwith. These men are tho same as were called to Chicago Innt year to put an end to the strike of the stockyards employes. ,Tbo employers today operated 2,000 wagons, practically without injury, many deliveries in .the resident portion of the city being made withput polios' protection. DECLINES TO PAY HER RENT. Former Oregon Girl, Now Duchess Rochefoucauld, and Countess . Mac kin. Clash. PABIS, May 15. The feud between the Dnebess Rochefoucauld, who was Miss Mitchell of Oregon, and the Coun tess Hpottiswoode Msckin, another titled American, has reached the scute state. .The duchess engaged the. Paris town house of the countess for the sea son, but refused to pay the rent be cause' certain repairs were not made, and the countess is making things live ly for the duchess, assisted by a sher iff's officer. The countess tried forcibly to collect ber rent. Failing in the first attempt, she returned the next day at an early hour, when the duchess was absent. The countess' agent, with sheriff's of ficers and a locksmith, succeeded in entering the house by forcing the fron$ door. An officer, instructed by the eoantess' agents, proceeded to the duchess' bedroom and seized th ty of the duchess' best gowns, following up this by attaching the duchess' family sliver. TOTAL NUMBEit NINETY-SEVEN. : 8NYpF.lt, May 15. No deaths oc curred today among the patients at the hospitals here, although no hojxs nre entertained for the recovery of two of them. " The total number of deaths, ac cording to the best estimates, is ninety-seven. CVCRY HAT GUrHAMTECD j -. - ' iMl U j !fl: t ' : 5rjt'i,-- t