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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 -. - '
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U j !fl:
t ' : 5rjt'i,--
t