Daily capital journal. (Salem, Or.) 1903-1919, December 20, 1910, Image 1

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Daily capital journal., December 20, 1910, Image 1

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Newspaper Page Text"yfTiV" $'Sh' ' - i OU XX. 8AL.KM, OREGON, TrKSO.W, DKCEM.OER 20. 1010. No. 807. tii ii ii it ii tin i v. i f i ii THE PRESIDENT UHB0S0I11S III GIVES VIEWS fit) TARIFF At THE irr nriMMioninn FilUSr MADE PERMANENT AND THE CAflAL KEPT FREE Tariff Should Be Changed Only After a Long and Thorough Research and Gathering of Full Data It Should Be a Business Matter, Not a Political One, and Dealt With in a Business Manner Canal Must Be Kept Out of Control of ' Railroads and Open for All Vessels to Compete (Copright, 1910, by United Prow.) Washington, Deo- 20. The pur pose of tba article Is to give news paper' ruaders an Intimate, personal view of their President, William How ard Taft, just as If it were possible for each one to call upon him today t the White House and talk over affairs' uppermost In his mind. It Is - designed to bring the reader face to face with the President, so he may hear why Mr. Taft js fighting an ef fort to destroy his non-partisan, per manent tariff commission plan. It purposes to let the reader bear from him the reasons why every American should swell with pride at the suc cessful construction of the great Pan ama canal. The writer found the President busily engaged, confronted on; all sides by appeals or congressmen, bickerings of politicians, demands of office seekers, and yet witbal serene, earnest and cheerfully optimistic. The trained judicial mind of the chief magistrate was quickly concen trated upon the subjects which his caller suggested for discussion. He was all attention, all Interest, wheth er talking personally or listening; he was alert, enthusiastic, forceful. , The visitor, seated and Immediate ly put at his ease by the President's geniality; then followed conversa tion bearing upon two subjects, chos en from dozens of topka. The per manent tariff commission was taken up first. The President freely gave his personal opinions and beliefs which form the basis of bis earnest hope of making the commission an accomplished fact. A White House tule prohibits direct quotation of the SEVERAL OF INJURED WILL DIE FIVE dF THOSE Hl'RT IN YES TKKOAY'8 EXPLOHIOX HAVE FRACTURED MKl'LLH AND (SLIGHT CHANCES OF ltEOOV BKY ONE MOKE IIODY FOUND ohitso rasss uuu wiia. New York, Dec. 20. The body of the tenth victim of yesterday's ex plosion was taken from the ruins of the Grand Central station power house today, and it Is believed that the death list la now complete. Two other persons, supposed to have been killed In the explosion, have beou found, officials of the railroad com pany assert. Of the injured, five have fractured skulls and have slight chances of recovery, according to the physi cians at Flower hospital, where they are being cared for. Four others are in a precarious condition and their recovery Is doubtful. An exhaustive . investigation of the cause of the calamity was be gun today by the coroner and dis trict attorney. The railroad offi cials also started an Independent In quiry. , For blocks around the scene of the explosion workmen were busy today repairing the damage which h tsjlmated at upward of a million and a half dollars to buildings alona. .TAFT OAVK HIM HIS LIKE FOR CHRISTMAS PRESENT trxrrao uurna wiaal Mtkioatos, itoc. 30. Aasweriag President,, but In the following an attempt is made faithfully to give his Ideas as he expressed them to the writer. The Tariff Commission. -.The permanent tariff commis sion will provide the necessary , basis for intelligent tariff legis lation, no matter by what party or to what end. If the democrats are Champ Clark's and not . "Chump" Clark's they will sup-, port it. No scientific revision of the tariff Is possible without true facts upon which to base It, ' andthe facts are obtainable in no other way. It is beyond the abil ity of any body of men; working temporarily on the tariff, to col lect and digest the vast amount of detailed information . which must be considered In making of the tariff. The tariff commission will be , a permanent institution, where from year to year data and In formation required in such work will be sorted, catalogued and digested in such a way as to be ready for Instant usa. . It will be to the tariff what the Congres sional Library is to literature. You can send a note to the li brary, saying you are working upon a certain subject, and you are immediately provided with all the best reference books and records on that topic. Without such, a library how long, how hopeless a task would It be to obtain full and accurate information b running through a volume here, a volume there (Continued on Page 6.) a mother's plea. President Taft today commuted to life Imprisigiment the death sentence Imposed upon John Wynne, who . was to have been hanged for the murder of A. F. Mc Kinnon, a shipmate, on the United States transport Rosecrans. Wynne had developed a dislike for McKln- non, and In November, 1908, at Hon olulu, while Intoxicated, he saw Mc Klnnon asleep, and crushed in his J enemy's head with a hammer. ' '- The commutation Jn the presi dent's handwriting, states: "Where the purpose to kill was formed in a drunken brain, the in toxicated condition rebuts the In ference of the premeditation neces sary for murder in the first degree." FOOD PACKAGES MUST STATU "HOW MUCH" (dmitso rasas uuiu wiaa Washington, Deo, JO. In order to conform with the pure food laws, all packages of foods will have to bear a statement of the exact measure of the contents on the) label, If a sub-j stnuie Din to D9 submitted to the bouse todsy by Representative Mann, of Illinois, becomes a law. The substitute bill is calculated to take the place of Mann's original amendment of the pure food law. Mann decided to change his bill af ter a conference with Chicago and New York business men. Vessel Is Floated. f dmitso ruu taiass visa. Vancouver, B. C, Dee. 20 After resisting the combined efforts of two tngs during the last 23 hours, the steamer Prince George was success fully floated t blgh tide this fore noon by the tugs .William Jolliffe, Commodore and Noose. Careful ex amination showed that she was un damaged, and. the steamer will clear for Prince Rupert at O'clofV to-, night. , SELF GAIL - Firmlinli Negro Captured. H Durham, N. C, Deo. 20. Fol- lowing the murder of three per- sons, Sheriff Wheeler and two deputies are rushing here to- day with Nathan Montague, a negro, in order to protect him from a posse of farmers that seek totynch him for the crime. Montague Inst night entered the home of Leyton Sanders, a Hh -farmer, It Is alleged, slew Sand- t ers and bis grandchild, aged 2; assaulted Mlna Sanders, a .daughter, and cut her throat with a jack knife. Following this the negro, fired the farm bouse, it Is said. A farm hand alarmed the sherlfT, who arrest- ed Montague. TRYING TO SEfTLK BOiyfDARY LINES UNITED russ UIASSD WHS. Olympla, Wash., Dec. 20, It was learned today that Attorney-General Bell will represent Washington at the conference In Portland December 22 which has been called for the purpose of finally settling the Ore gon-Washington boundary dispute Every since Washington attained statehood the boundary question hai been subject for litigation. Dover. nor Hay has written the governor of Oregon that be would bet unable to attend "as Washington's representa- tatlve, and that Attorney-General Bell would' act In his place. - After arguing the points onbich they are disagreed, the. representa tives of the two states Vill take a trfp down the Columbia for the purpose of viewing tha sections of the. river under dispute, The principal point at issue hinges on the question of which state has jurisdiction over the fishing Indus try at various points along the river. THE KERSII JURY CAN NOT AGREE JVRY HAS BEEN OUT SINCE 5: IS SATURDAY AFTKKNOON, AN1 IHiClARES T1IKHK IS NO IIOPK OF AGREEMENT FIRST JURY JHSAGKEED. DMITSO rul LS1BBD WIUl Portland, Or., Lx-c. 20. At 1 o'clock the jury trying Mrs. Carrie Kersb for complicity in the murder of William Johnson at the New Grand Central Hotel June 20 were still out.' They retired for dsllbera tlon at 6:16 Saturday evening. Shortly before noon ths jurqy asked to be released. - They Intimated aud .that there was small chance of them deciding on a verdict. ' It 'was believed thai; Judge Morrow would order the jury discharged' if they failed to reach a definite verdict before night. Judge Morrow, how ever, declined to discuss the matter He said he bad not decided whether to discbarge ths Jury or compel them to remain until soma conclusion was) arrived at. he jury that tried Mr, ft e rah the first time disagreed. Indications were (bat some of the jurymen were holding out for con viction of murder, while other still were in favor of acquittal. It was generally believed that .ths jury would not- corns to an agreement, that they were hopelessly disagreed, Late yesterday afternoon the jury asked for final Instructions. When Mrs Kersb was brought in to the court room for the second time yesterday she was la a state of nerv ous collapse. In ber coll today sbe showed every evidence of a nervous breakdown. 8he Is so weak that she caa hardly stand, and apeads most of her time seated on t& cdgr of ber bed. , ; .. - ' . ' DIas Fears AsaMinatlon. f- Mexico City, Dec.' 20. That President DIas fears assaslna- tlon and has taken the precau- 4 tlon of having his food tasted and his sloeplng apartments effctually guarded, was learned today. The president, It Is said, changes his room nightly. 4 4 Streets .leading to the palace- 4 4 are closed to traffic and all 4 messagM arriving from the 4 4 country are searched before 4 4 they are admitted to the execu- 4 4 tlve building. 4 4 "- ' 4 4444444444444 Estimates for All the Depart ments Fix the Amount Nec essary to Carry on the City's Business Another Year at $105,413.47. TAX LEVY IS EIGHT MILLS The City Dads Also Considered It Better to Submit the Bonding of a Deficit of About 928,000 to the f Voters Along With the Question of liaising Bonds to Build an Ar- inorjr Hpeclal Klem to Be Called In Near Future. Annual Budget. Recorder's salary $ 1,200 Clerk hire for recorder's of fice 900 Stalonery for recorder 600 City Treasurer's salary 900 Stationery 'for treasurer. ... 600 City attorney's salary 1,200 Stenographic work for city attorney 300 Stationery for city attorney. ' Marshal's salary 1,2,00 Salaries of five policemen.. 4,600 Pay of extra policemen. .... 16 Expense of city jail 600 ChU-f of fire department, salary 960 Salary of two engineers fire department .. 2,160 Siil n ry four drivers fire de partment 2,880 Salary two chemical engi neers 1,410 Salaries of 15 hosemen, including- extra man 2,600 Horse feed for fire depart ment. . 1,250 Coal for lire department. . . . 100 Horseshoeing and sundries for fire department 1,600 Health officer, salary 209 Incidental expenses of health office , 125 Public parks, care and main tenance 1,800 Water 2,200 Bond redemption 8743.4 7 Lighting 8,000 Interest on city bonds and warrant , 13,850 Engineering and surveying... 9,500 Public, library, maintenance of 8,000 Clerical expensee In mayor's offlce. 500 Election expenses 900 Maintenance of public build ings. . 1.600 Public printing 1.500 Fuel for city hal) , 600 Incidental expenses city,,,, 2,000 Hospital. . 1,600 Sanitary inspector 900 Salary for poundmaster. , . . 400 Balary- of street commis sioner 900 Street machinery 600 Labor, atreet department... 9,500 Material, atreet department, 7,600 New bridges . . , , 10,000 Total. . , ,..'..,$106413.47 KiYtHi ItovesMiea. Saloons 9,500 Shows. . : 700 Insurance companies ...... 1,260 Telephone, telegraph and ex press companies 460 Dug l!cnjMa 300 Hawkers. 100 council - PREPARES BUDGET COURTS WHAfiBED DY AffiffflT SUPREfl COURT DECIDES UTTER 4444444 4444444 4 4 4 Mayor Is Stubborn. 4 Hr " 4 Seatlo, Wash., Deo. 20.1 May- 4 4 or Gill will not Are Chief Wap- 4 4 pensteln as a result of the graft 4 4. committee's findings. 4 4 "I'm not going to fire him 4 4 because those fellows say' so," 4 4 said the mayor this morning. 4 4 "I'm going to read this testl- 4 4 monyi then I'll do what I think 4 4 beet." ' 4 4 Remove Wappensteln as 4 4 Chief of police. 4 4 That was the recommendation 4 4 of the graft Investigating com- 4 4 mittee before the city council 4 4 last night, after the most ex- 4 4 haustlve investigation of the 4 4 underworld Seattle ever saw. 4 4 ''4 44444444444444 Interest on city deposits..,, 1,000 Recorder's office receipts.... 1,600 Treasurer's receipts ........ - 3,000 Engineering and surveying. 7,503 Total... 125.610 The foregoing are the amounts entering Into the composition of the annual budget as estimated by the city council last night, and accord ing to Jt, $105,413.47 will be re quired to run the city administra tion for the next year. The expected revenues o the city as above given, total 125,610 and after its deduc tion from the total amount of jthj budgeC,' there Is left a balance of 379,803.47 to be raised by taxation; and figuring' the valuation at $10, 000,000, It was estimated that to raise this amount a levy of eight ranis would be neceesaryand that will be the levy made at the fleet ing of the council again Friday night. - To liond for Armory and Deficit. There Is a deficit of $26,000 to bo met and the councllmen considered the advlslblllty of levying one mill iContisusd on Pace l.i , " CONGRESS BOIfflD TO ACT OH IT COXGREKHMAN FROM CALIFOft NIA WANTS TO WITHDRAW UILIi ASKING FOIl A PI'l tOI'Itl A TION FOIl PANAMA CANAL, ANI CANT DO IT. '.. (dsitso rasas uusso wiss.I Washington, Dec. 80 The spec tacle of a congressman desiring to withdraw from committee a bill for a government appropriation of $5, 000,000 for bis constituency, and of another' congressman 'opposing the motion was presented today in the house of representatives when Julius Kahn, of California, moved that a house commltteo be discharged from considering a resolution ' Introduced last December asking federal aid for the Panama exposition, to bo held in San Francisco in 1916, In making the motion Kabn de clared .that California no longer needed a federal appropriation, hav ing raised $17,500,000 for the pro ject. Representative Wlckllffe, (Dem.) Louslsna, objected on behalf of the city of New Orleans. Kahn and Wlckllffe disputed the motion vociferously, but the Callfor nlan's request was finally denied, al though be said that the measure was uot one' that the San Francisco boomers wished. makonh of wooimritx VMS Til Kill NEW HALL The new Masonic hall at Wcod burn was used last night for the first time. It is a magnificent building and cost $28,000, and is said to be the finest in the state, outside of Portland. The building Is a great credit to the city of Woodburn. BUT REFUSES TO ASSUME ORIGINAL JURISDICTION AS AMENDMENT PROVIDES Matter Came Up in Case of Two Mexicans Now in the Pen on v . a Palpably Void JudgmentTheir Offense is Not Stated in i a I . ws ! I 1 CS A 1. ine uommitmem, wor is a i ime rixea lor oemence 10 la ' pire Judge King Dissents From Latter Part of Opinion Asked rf Man Sentenced I II e qally Should Be Asked to Make His Sentence Legal. In an opinion written by Justice MBrldeand concurred In by Jus tice Eakln but dissented to by Jus tice King, the supreme court this morning in the habeas corpus pro ceedings brought by Wm. P. Lord, Jr., in behalf of Robert Francesco and Bonus Martlnes, alleged to be a void judgment, held that the recent judicial amendment to Article 8 of the state constitution did not have the effect of abolishing all courts In the state, save tbs supreme court; and also held that the amendment did not vest the supreme court with positive jurisdiction In habeas cor pus, quo warranto and mandamus proceedings and denied the petition for the Issuance of the writ. The petition was tha first to bo brought under the new amendment which provides that the supremo court may exercise original jurisdic tion In habeas corpus, mandamus and quo warranto, proceedings at its own discretion. It also1 provided that the Judicial powers of the state should be Invested in a supreme court and such other courts as might be created from time to time by law. Another section provided that the courts and their Jurisdictions in the state should remain as now consti tuted, save where expressly changed by the amendment. Because of the uncertainty of the language em ployed with relation to the courts In the state many contended that It hud the effect of abolishing all court save the supreme court, and with a view of setting at rest this question the supreme court requested the at torney general to prepare a brief upon it so that It mtght decide It when the petition came up for hear ing. Courts Remain tlio Same. "Under the provision of the ori ginal constitution cited In the state ment of the case," says Justice Mo Brlde after citing several constitu tional provisions, "we think that there can be but little question that this court had not the power to U- sue the writ, that power being vested exclusively in the county and circuit courts. It Is also apparent that, slpce the amendment, while such powtr may be exercised by this court In Its own discretion, the-au thority of the circuit .courts' aud county courts is not taken away in Bishop's Ready Tailored Clothes 310.OO to $35.00 MEN'S PRESENTS We make a special effort to secure things that men like for Xmas, . The fact that it comes from this place is an added guarantee that it will please them. This season's patterns In neckwear, shirts, hosiery and all liiTes of men's furnishings are extremely appro priate for Xmas gifts. Salem Woolen Mill Store : : Genuine Navajo Rugs $20.00 to 40.00 any manner or abridged. Until fu ture legislation sball change them, the circuit and county courts eon tlnue to exist and to exercise tha same power and jurisdiction in re spect to writs of this character wnlcb they exercised before the adoption of the amendment. Section 2 abov quoted (that is of the amendment) Is clear and distinct on this point, while section 6 distinctly recog nises the continued existing exist-, ence of the circuit courts by pro viding that . "no person shall be charged by any circuit court with a commission of a crime except by In dictment.' " Writ a Matter of Discretion. After setting at rest la the above the circuit nd county courts were abolished by the amendment, Jus. tlce McDrlde turns to that portion of the amendment which' Invests th aunrnne court with, orlxlnal , juris diction In habeas corpus, mandamus and quo warranto proceedings. "It Is evident," he says, "that the framers of the amendment desired to give the court the widest latitude in tho exercise of its discretion as It doe not stop with 'their discretion' but goes farther and says "in their owi discretion." After citing authorities on the subject of discretion he dis cusses the Intent of the framers of the amendment. He gives It as hit opinion that it was uever their In tention to thrust upon the supreme court the burden of hearing quo, warranto, mandamus and haben corpus proceedings, and submits, that in rullug upon the act several mutters must be taken Into consid eration, among other things the con gested conditions of the business oC the supreme court; as to whether' the defendants have any speedy anil adequate remedy In - the circuit court, and as to whether they hard remedy by appeal. He then pro ceeds to state that to thrust those hearings upon the court would sub merge It with work, and shows that the defendants have other remedies by asking for a correotlon of th Judgment In. the circuit court; by hubeas corpus proceedings, or by an appeal to tbe supreme court, anJ upon these grounds, and the ground (Continued on rage 4.) 4 . ..' ' - : . . ... v. .....,.,.