EDITION 3 P. M.
FIRST EDITION 3 P. M.
I Journal
Ik
m b M -MBPjJ'm' nTFfc.
SALK.M, OKKfiON TIKSDVY, IMWKMIIKH in, 1008.
NO 31(1.
AND JURY AMENDMENT
SEVELT
DERAL PROSECUTION FOR PANAMA LIBEL
NER
UNI) IT
iCCIDENT
BOY KILLED
IUNTING
ton who hftB lived noarly
Bear Buttovlllo, nccldont-
jlmsolf whllo hunting
sklft. Quo Swnn wub
Geo. Klllon sat In tho
At a llttlo oddy thoy
bont, whoro Klllon put
lo ro and stnrtcd to )iill
by tho muzzlo. It went
tho top or hlB hoad on.
almost Imnioulntoiy.
ed nt 10:30 Sunday fote-
; news of tho death was
ico and help wub nskeu
; county, but tho coronor
I'caso bolongod to Marlon
Slouch wont to tho ocono
lent on tho 1:40 cur Hun-
cldcd to hold no In quest,
satisfied tho death was
Coroner dough returned
inday ovonlng. Klllon
icars old, a Intno ninn,
a mother, who Is now
id, of Woodburn. Tho
held Monday afternoon.
RELEASED;
JT OF JURISDICTION
achco, Dec. 15. Docnuso
ed offenso of drugging
two piissongors on tho
bn.itor occurred on tho
rlwr mar Astoiin. Ore-
h jurisdiction of the
k, two men nnd two wotu-
ftltc ii nin oh of Sldnoy Lo-
vlhlns, Addlo Hoe and
It kin wit- today re-
?n t Un of Dpp -tlvos Jas.
c- imln"d Mwm last night
fh.nl been brought nshoo
sl
irdocK and a companion.
"1 Murray, woro the
.HiHH8eB ngnlnst the
eged that on last Friday
tho ntoanur loft Port-
uck and another man,
wub a son of tho record-
Angeles county, were
nucleus, apparently the
knockout drops. Mur-
lainod of having been
MO
korltes on tho vcasol woro
investigate, and a search
for LeCoos, who was
uacr tho numo of F. Dor-
intll tho Senator docked
lid I.oCoos nut in an np-
d he was walking off tho
when tho cry of 'Stop.
sounded. Murdock and
Btecrugo passei ?ors gavo
the wharf, Murray add-
. excitement by firing his
Mmes into tho air. Le-
Inptured hiding behind a
?i and was compelled to
e vessel
Be who was posing as
. was mot on deck by
pointed his pistol at her
ner to return Mur
rey Tho llttlo woman
bo tho revolver from her
ve Murray a resounding
iach, sending him spin
He arms of Steward John
wrenched tho weapon
oulsc N. Nonander then
' a fortnnl InvoatlcrnMnn
lhat Murdock and Murray
na-ges beforo the Astoria
I he men illil tint wnnt in
trip, and it was agreod to
oer and have a anal
ng at this port.
urEd robbery took placo
California. th lnrnl au-
d hry havo no Jurlsdlc-
fs ine accused persons
oi-marged from custody.
Ions will probably bo at-
Meok, a native of Cal-
wno has conducted a
tay from ail. near As
3UnH rinnri In nlo ikln
file has lived in Oregon
IMPORTANT
LEGAL
DECISION
UPHOLDS GRAND
JURY SYSTEM
Tho supronio court today affirmed
tho decision of Judge Frnsor, of
Portland, who hold that a criminal
proceeding against Ju Nun could not
bo sot nsldo becnuso tho constitution
was ninondcd In Juno, requiring
thut all Indictments in futuroMUKT
COMK FItOM A GUAM) JUltV.
Tho opinion Is by Chlof Juotlco
Dcnn, nnd lays down some funda
mental principles affecting the rights
and liberties of nil cltlzons. With
out tho references to authorities the
toxt of tho decision Is ns follews:
Justice Bojui'h Opinion.
After tho defendant had appealed,
but beforo tho disposition of the ap
peal, an nmondmout to tho constitu
tion was adopted, (Juno, 1008)
which provides, among othur things,
that "no noraon shall bo churned
In any circuit court with tho com
mission, of any Crime or misdemean
or defined or mudo punishable by
any of the Iiiwb of this state, K.V
I'KPT ITO.V 1NIMCT.MH.NT FOUND
1JV T1IK OltANII .ITHV." It is now
contended, that by reason- of this
amondiuent the court 1m without
Jurisdiction and must order a dis
charge of the defendant. It I sot
tlod that the repeal of u law con
ferring Jurisdiction tnkos away all
right to proceed, under the repealing
statute, as to nil actions. suits or
proceedings pending nt the time of
the repeal, unless thoro Ib a saving
clause in the repealing stntuto, and
this Is so in nn appellate, hh well as
th- court of orlKlnnl Jurisdiction.
The constitutional niuondment In
quostlon did not. In terms, ropoal
the law conferring Jtu'isdictlon upon
tho eourtB to hoar nnd determlno
causes In which a dofondnnt had
beou aceusod of a crlmo by Inforina
tlon filed by a district attornoy
prior to tho adoption, nnd wo do not
ih:r.'.i It does by implication. Tho
ponnl code of 18C4 declares that no
porson enn ho prosecuted for tho
commission of a crlmo but upon tho
Indictment of a grand Jury, unloss
otherwise provided by law. It also
provides In detail for tho drawing
and forming of a grand Jury, de
fines Its powers and duties, pro
vides tho form of Indictments nnd
tho manner of finding nnd returning
tho samo, and for nil subsequent
proceeding thoroon. In 1899 tho leg
islature adopted, ns It had nowor to
do. an act, .MAKING IT l;A W'L '
F()lt A MBTHIOT ATTOKNKV TO
PItOCKD, UV INFORMATION
against any person aceusod of the
commission of a crime, without the
Intervention of n grand Jury, ana
providing that the form of tho In
formation, and tho mannor of sot
ting out tho nets constituting tho
crlmo. should be substantially tho
samo as provided In cose of an In
dictment, nnd that from the time
tho Information Is filed It shall
be deemed to bo In all refpecta
tho samo, nnd thoro aftor until, and
Including, final Judgmont and execu
tion. This statute has not beon re
pealed, and wo think the recent con
stitutional amendment J
feet thereon, except TO lIl'l"j
V DISTRICT ATTOUNKV OK TIIK
ItlfiilT TO KILE AN INFOHMA
TION In the circuit court by requir
ing that all prosecutions In that
court thereafter Instituted shall be
by indictment. In nil other re
Rnecta tho statute is In full force
and 02?. and the Jurisdiction of
?ho court to proceed with pending
casos remains unimpaired. The
language of the amendment Is In
he future tense and Is suscen lb e of
a construction making It AITLIl A
fit K TO FI'TI'IIB AND NOT PKM-
NoSsVfs, and It mould J."
construed., especially in view of the
consequences 'which would result
from the contrary view.
It will be observed that the amend-
GUNBOAT
IS TAKEN
BYDUTCH
SECOND LOST TO
VENEZUELA
(United Press Leased WIro.)
London, Dec. 1C- -According to a
Contrt'l Nowh dispatch from Tho
Hague, tho Dutch blockading squad
ron in Vcncauolan waters has effect
ed tho capture of another of Sastro'n
warshlpo, supposed to bo tho coast
defonso gunboat Mayo. Tho report
gives no dotallo of n skirmish, and
it is bollcvcd hero that tho Vonezun
Inn voisol surrondored without a shot
being fired on either side.
Tho Mayo In a small gunboat of
modorn construction. After its cap
ture It was rblo to prt-cocd to Oura
cao under Its own b toe in, tho vessel
being plrced In chnrgo of a Dutch
prizo crow.
Cn.Htro.
Herlln, Die. ir. President Can
tro, nccordlng to nn ndmlss'.on mndo
today by a mocnbor of tho Gorman
forogu olllco. Ib hpro to, ojfeot a,dlp
fniinntlc ulllnlico, whereby Germany
will iMpport Vonezurla In futuro lu
teriintlon.il ontanglemonts In roturn
for such coucosilons from the liopuo
lie thnt will allow Germany to he
como tho dominating Influence In
Venolliula's cominorco.
Castro, It wa also lonrnod today,
wants n big loan. Horr Goosch, tli
counsellor In tho foreign ofllce, visit
ed Castro today and urranued for "n
ofllclnl vlilt with County Von Hue
low, the German chancellor, and For
eign Secretary Von Schoon. Caslio
and Horr Goosch Indulttod In a lenn
thy dlscuoolon coneernlng the otl-qutt;-
of the proposed Interview, the
prMldont of Venezuela demand'ng
that he be rocelvod In a manuer com
mensurate with his Htntlon. Till,
wa promised him. aftor which Castfo
gout n inombor of his suite to ltv
Hs enrds with Voil Iluclow nnd Von
Schoon.
Umporor Wllliolm touny soul
cordial telesram of welcomo to tas
tro.
ipllod to erlmlnal proctedluga. muy
havo difforont moaningB, according
to tho subject matter and the eon
text. It may mean the accusation
which precedes tho formal trial, or
It may monn tho responsibility for
tho crlmo Itsolf, nnd may bo applic
able to one who has beon convicted
and Is sorvlng a sentence In com
mon parlanco it signifies tho formal
commencement of a criminal pro
coding by tho filing or returning of
tho accusatory paper. Whon wo
speak of chargin ga person with the
commission of n crime, wo ordinar
ily mean tho coinmencomont of the
proceeding, by tho filing of a writ
ten complaint or accusation, and in
our opinion it wa uln thla souse that
tho words woro used In tho constl
tutionnl amendmont In question.
Honco, when It provides that NO
PKItSON SHALL JIK CMAHGKI)
WITH A CHl.Mi:, I3XCKIT ITO.V
INIUCTSIKNT, it means that no
prosecution shall horo aftor bo com
monced except In tho manner stated,
nnd does not refor to pending casos
Tho amendment doos not reiwial or
change tho law undor which do
fondant wa strled and conviotod.
nor makes that a criminal act which
was Innocent when committed; or
chango tho punishment; or niter the
rules o fovldence; or In any othor
mnnnor nffetjt nny substantial right
of tho dofendant. It was a mere
change In tho proceduro and Is pros
pective, not rotrospectlvo.
(To huve held otherwise might
have turnd looso nil criminals hold
for trial but not yet convicted when
tho new amendment was adopted In
June by tho people.) Kd. Journal
OKLAHOMA BANK '
ROBBED OF $15,000
(United Press leased- Wire)
McAlester. Okla.. Dec. 16. Tho
safe of the First' National Bank of
Bufala. Okla., was blown open with
dynamlto today by robbers, who es
caped with 115,000 In gold. A posse
Is In pursuit of the thieves.
BIGGY'S
BODY IS
FOUND
RECOVERED FROM
URISCO BAY
(United Proju Lcnsod WIro.)
San Fjanclsco, Dec. 1C. A body
poBltlvoiy ldontlflod ns that of
Chlof of "Pollco Willlr.m J. IHcgy. ra.
found lii vlio bay today, clad In n
hoivy black overcoat and with tho
hands cltfpped tightly bohtnd tho back
Tl.o f.,co xrnti not recognizable on
account of thn r.ctlon of tho wntor
during tho two wc-olcs elnco tho chlof
dlsapponrod from tlio police launch.
In a pocUol of tho overcoat was
found a rovolvoi, I ellovod to bo tho
ono vhtcli Coii'inlBclonor Koll loanod
niggy at the tlino of hln visit to thi
comnlsivlonor'n Uiomo nt Ilolvodoro
Junt boforo tho fetal trip on tho bay
Captain Conboy, 8crgennt Dono
van, Patrolmen Hums and Uorry pos
itively Idcntlflod tho boly, nnd tho
liiombors of tho pollco rommlsslon
woro iiotind. An escort of mounted
pollco. waa.ordfred to accompany tln
body toTllio morgue.
The fact that tho hinds woro
flannel behind tl'o body lndloittkl
, Unt tlio man nr.do no Btrurrglo when
i he fell Into the v-ator, nnd h tnken
' to up:ort tl'o sulo'de theory.
I Tl'o body 'v.ib sighted llontlng In
(he f:'lray nbopt half way botweon
Goat Island nn Vallojo stroot wharf
! by the pilot of tho Bouthorn Pacific
sterner Transit, which plUa In Oak
land oreok. Tho pilot roportod to
the pftlloo. The dopartmenl launch
wih still out on Its long ' oared for
the body nnd nnothor launch was
h'rtd to tow !u tin remain of the
lain fhlef.
It Is roportml thnt tro pollpo com
nils -Ion will postpone n moetlng
i-allod for tomorrow at which It wns
to colool HiIrk's ouccescor.
The d5Kippor.rr.nce of Chief Illggy
from the pollco launch nn the ulgat
of N'ovomhor 30, followed n visit to
tho homo of Pollco Commliwlonor
Knll rt Ilolvodoro. acrosi tho bay.
t Muni- had bton groatly affocted by
allogntlons of lnonioloncy, and m a
I conduct ngalnot which nppoared In
!he nowapf.pore, nnd tho foot that
j chargoa to bo profcrrod against hlin
1 woro being prepared by lawyors. Ho
, offered o reslcn when ho cnlltnl on
' Koll. and sr.ld ho wa"bolug hounded
I to doath." H.'b most serious troubles
began whon Morris Haas, who at-
tompted to nBHassinnto Franclu J.
Honey, committed sulcldo nt the
county Jail, whllo being guardod
there by throo of n!ggy'a mon. It Is
KHiirrf.llv bollovttl that Dlggy coin
m'ttcl tulclde. Knginoor Murphy
was tho only othor onoupant of thu
, launch o Uio roturn from uoivoaoro,
i and Y. did not mlai thn chW until he
hni' alr.oat reachod tho city.
I
INSPECT VESSELS
FOR UNCLE SAM
BITTER
PEELING
JNTRIAL
LAWYERS WRANGLE
IN HAINS CASE
(United I'roso Loasod WIro.)
Flushing, L. I., Dee. 1G. Tho
stnto today sprang n ourprlso on thu
attorneys defending Thornton Jon
kins, charged with participation in
tho shooting nnd killing of William
13, Annls by Captain Potor O. Ilnliis,
brothor of tho mail on trial. Justice
Crane, beforo tho examination of
tnlosmon began, deslgnrtod Janios A.
Dayton and IClmor S. Whlto as spo
clnl prosocutors to nsilst tho Btnto ot
flclaln during tho trial.
Thu nnnouncomont brought forth
stronuouB objoctlons from Chlof Conn
sol Mclntyro, of tho defense. Tho ob
joctlons wero ovorrulol nud tho ox
nmlnntlon of Vcnlroinnti 1311ns 0.
Ulchnrd. a liiiuher dealer, by Proao
cutor Whlto began. ICvory quoatlou
or wiiuo s wiia objected to ny Mcln
tyro, who announced thnt ho would
oltjqct to ovory proceeding of tho
court In which Whlto participated.
As a ro&tilt of tho objections con
stant wrnu.'iles botweo noppoRlng
control took place, and tho bitter
feeling engendered wns uppnreut to
tho npectatora
During thk morning Alexander J.
Ardlne, n plimhor,.of Long Island
City, wan chosen ns tho Hovouth Juro'.
During n recem of tho court, Chief
Counsel Mclntyro nniinunned that
Thornton HhIiih would take the stand
to toMlf" In his own liahnlf.
Mrs. William Annls, widow of tho
man wIioko murder tho defendant Is
being tried for, arrived today and
will remain until after tho comple
tion of tho Jury. Sho Is oxpnotod to
ho ono of the first witnesses for the
prosecution.
(United Press Leased WIro.)
San Francisco. Dec 15 An army
Inspection board, comprising Col
onel J. II. Ilelllnger, superintendent
of tho army transport servlco, chief
onglneer John Donuolly und Cap
iiiin Seatt at tho transport servlco.
today is completing an Inspection of
tho steamers Sierra, Bononui and
Ventura of tho Ocean Steamship line
with thu probable purchase of thorn
by tho govornmont In view. Ono of
tho oftlcors admitted Inst night that
they wero making nn Inspection of
the vessels and would forward the
report of their Investigation to the
department nt Washington.
Tho shipping men of this city be
lieve that the government Intends
buying the vessels for use In the
much-talked lino botweon hero and
Panama. The government purchased
three vessels In Hoston to. hit used
between Now York and Colon, and
It Is believed that throo ships in the
Pacific will link New York and San
Francisco via Panama by a govern
ment owned steamship line.
It Is rumored that the frequent
complaints of large shippers of tho
Pacific Mall's Punama service has
-:aud tho government's action.
.MKH IIAINH WILL
NOT TICSTIKY
Wlnthrop, Mass., Doc. Ifi. Mr.
Potor Ifnlns. wlfo of Captain Potnr
Huliirf, whoso brothor, Thornton
Jonk'nn Hnlus. Is on trial nt Flush
ing, charged with participation In tho
killing of William Annls, tnduy said
that sho would not go to Now York
during tho trial, n sho had nothing
to say ugalnst or for her husband'))
brothor.
Sho tarthor said thnt sho did not
know whether sho would testify nt
tho futuro trial of her husband.
KING EDWARD
REPORTED ILL
(United Press Leased WIro.)
London, Dee. 15. From sourcea
of unquestioned reliability, It wan
learned todny that tho royal family u
physician was deeply concerned over
the kin's condition. Thnt Kdward
hlinsolf r llr.oo tho gravity of his III
noun Is Indlcntod by tho fact that ho
Ij rapidly unloading nianv govern
mental responsibilities on tho should
ers of tho Prlnco of Wales.
Tho mo t alarming foaturoi of tho
klnif'R ronillMon p.ra thu remmoaYailoo
of thou symptoms which preceded hU
operation in 1002 Ho suffea much
from abdominal pain, and his weak
ened physical condition is seon In hla
noticeable Iohh of weight.
I Tho court physicians havo ordered
the'r roval patient to cancol nil on-gagcmoitt...
-o -
LAYING COUNHH STONU
OK KATON HUILDINO
Tho cornor stoHo of tho now ad
ministration building, to bo known aa
Baton Hall, on Willamette University
campus, will bo laid with appropriate
ceremony on Wednesday, Docoinbor
IK. nt 2 30 p. in.
The donor of tho building, Hon. A.
K. Knton. of Union county, will be
prMiont, as woll as othor prominent
friends of the Methodist Institution,
and tho ccromoulos will ho conduotod
by tho local order of Odd Follows.
Addreeies are to bo dellvored bv
Hlahoi Smith. Hon. It. A. nooth nnd
, Hon C. II. Moore.
I President I Ionian and the faculty
ari atuHnnta will attend, nnd thn In
tention Is to make thff'occaslon im
iirenslvo and Ionic lo t remomborel
In the hi tory of te icnooi.
PRESIDENT
ROASTS
PULITZER
SLANDERING CANAL
COMMITTEE
(Unltod Press Leased WIro.)
Washington, Doc. 1G. Asking thnt
tho government proioeuto Joseph
Pulitzer, ownor of tho Now York
World, for llbol upon tho good natno
of tho Unltod States, In connection
with chargoa of fraud In tho pur
chnso of tho Panama cannl, President
IlooBovclt today aont a vigorously'
worded special moasago to oongro,
with which ho (rannmlttod all th
records nnd papers concerning the
donl. ,
Tho messago In pnrt follews:
"In vlow of tho constant roltorntlon
of tho assertion of tho nnsorllon that
thoro wan some corrupt action by oi
on bohalf of tho United Status govern
mont In tho acquisition of the tltlo of
llin tfrnnnh rntiuinnv lit thn Pnnnmi
cntinl, .1 doom It wlso to submit to
congress all tho Information I havo
on tho fluhject.
"Tho Btorfos woro first brought lo
my nttouttnn, as nibllhcd In th in
dlannpollH Nowb, which Is 'i!cod b;
Delnvau Smith. Tho stories woro
suiirrllous, libelous nud false. Mr.
Smith Iiiih Hholtored hlinsolf behind
the oxcu o thnt In- accepted tho state
ments of lh' Now York Vorld,.ownod
by Josuph Pulitzer.
"it li Idle to say mm inn Known
chnrnetor of Mr. Pulitzer nnd lii) pa
pur l Hiirh that statements in tho
paper should Ih Inllnved by nobody,
but. unfortunntnly. there nro thou
suns who believe stutoinuiiU thoy bo
printed, even though thoy nro In
Pulitzer's paper. CoHKrotwinon actu
ally hnve been Induced to liitrndu)
a rosohitloii with referonco to thoso
chargeH."
Tho Preoldont then quoted tho iqn
clflP chnrgos. as publl'hod, brlnglag
In tho nninon of Ohnrlea P. Tnfl,
brothor of tho prosldent-eloct and
Douglas Iloblnson, hrothor-ln-luw of
tho Preoldont. Ho then contlnuea:
"lfho stntemeiits wnnetlincs occur
red In tho edltorlnl coluinni nnd
somotlmos In tho news columns nnd
In special conrlbiitlnns. Tlio wick
eUnosH of tho slanderers Is Bur
paiBoi only by thoir faulty. Tho
Inventor of tho Tnft tory evidently
.ij)oaod that William II. Tnft was1
oocrotary of war during somo porlnd
of tho Pannma cannl purchase. Ho
did not 'b-como secretary until
after tho transaction wbb clonod.
Thn liP'ontor of tho Robinson
tory did not tnko tho trouble
to nscortaln that ho wan not
eoiinoctod with any phase of tho doal
No shadow of proof can ho produced
to support the stories. Thoy consist
of utrong, Infamous llbols. In form
thoy aro part I'bols on the Individu
als, Iloblnson nnd Taft, for Instance.
In fact, thoy nro llbols upon tho gov
ernment. "I don't hello vo you Hhould concorit
yourselves with tho Individual wrlten
of tho artlclea. Tho real offondor 1
Pulitzer. Tho great Injury l tha
blackening of tho good namo of tho
American people.
"It ahould not bo loft for a private
citizen to mo Pul'tzor. hut ho shouU
In. prosooutod for llbftlliiB tho govern
ment. In point of encouraging the
lnq"lry of wrong doing, thoro Is no
oholi-o botweon u public servant be
trav'n' his tnnt than u man gulltf
as Pulitzer Is In this Instance. It Is
a high national duty to bring thl
man. who only so-ln to connect tho
government villi wrong doing 6f tho
basest and foulest kind, to Justice.
Tho attornoy-goneral Is considering
the form of proceedings."
Tho ret of tho mo-nage Ib taken
up with a deocrlptlou of the method
of purehA'Ing tho canal. The Provi
dent declaros that tho tnoiiuy was
paid to the stockholders at tho dlretr
.i,,.. nf tii l.'riMinli rnurlH. and th( '
! story that Amerlerns wero Intorosteil
In either the o'd or new Fronch coiu
I pany Is declared groundless. All thu
!d cumenta In tho case are subml'
tod. It was oupgonted by Hqpwelt
that If tiingrcst demed. it advjzable,
tIt douhtlCM would be poflbloio got
'the nawoi of tho sbaroholdorrfrOin
I Franco through tug American .ihub-
rrdor.