Daily capital journal., March 02, 1911, Image 1

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SALEM. OREGON. THURSDAY, MARCH 3, 1811.
a sx
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"J. SA. VI
AH tt3 Til SURD COURT;
SAYS IT REVERSED ITSELF
OUT OF FEAR OF THE RECALL
AI1D All OUTRAGED PUDLIC
It Cleared Schmitz on Flimsy Technciality, and Thereby
Freed Ruef from the Penalty of Imprisonment for a Crime
to Which He Had Pleaded Guilty Public Opinion. Forced
the Change, and Those Who Oppose the Recall Seem to
Fear That Public Opinion Will Always Do This.
I MTRD PBESS LEADED WIM.
(By Francis J. Heney.)
The (act that the supreme court of
California has reversed Itself to sus
tain the conviction of Abraham Ruef
1b Important as a sign 'of the times,
significant of the new era in which
the people are beginning to rule.
That Ruef must go to Jail is of rel
ative importance only. It Is Impor
tant that criminals of all stations
should be punished but It is far more
important that the people themselves
should control the administration of
justice.
The Irony of It.
There is a peculiar Irony and a
tremendous significance in the fact
that what Ruef claims to be a techni
cality forced the supreme court of
this state to reverse Itself on a pre
vious ruling which granted Ruef a
hearing. On former occasions tech
nicalities have weighed only In favor
of the graft prosecution defendants.
Schmitz had been freed because the
Indictment upon which he was con
victed failed to state that he was
mayor of San Francisco at the time
jhis crime was committed. The su
preme court unanimously refused to
give the people of California a hear
ing on the merits In the Schmitz case
and based its refusal on a flimsy
technicality which was not anticipat
ed and hence was not even mentioned
in the brief accompanying the appli
cation by the people for a hearing.
Conrt Reversed Itself.
Ruef had been granted a hearing on
technical grounds. Then the court
reversed Itself because the attorney-
IS OVER HIS
OWII BARREL
IF HE INCREASES RATES ON PAX
AM A CANAL TO DOWN THE S.
P. HE PI TS THE LINE HE IN.
JHTEI) TO START OUT OP
IUSINESS.
tVNITED PKtSfl LKASBD WIHB.J
Washington, aMrch 2. Secretary
of War Dickinson today called a met
ing for March 6 of all parties Inter
ested In the rates of freight handled
between the Pacific and Atlantic via
the Panama railroad, which si ex
pected to do something toward
straightening out the rate war be
tween the Pacific Mall Steamship
Company owned by the Southern
Pacific Railroad and an independ
ent San Francisco line, the California
& Atlantic Company.
The independents allege that the
Sauthern Pacific steamer line Is try
ing to freeze them out, and thus cre
ate a manopoly, and San Francisco
dippers have appealed to Dickinson.
These demands for action have
Put the secretary of war In a quan
dary. He thinks the government's
hare, 30 Rer cent of the rate, for
hauling shipments across the Pana
m railroad, is too small, and will
discontinue that proportion after
Afrti 24. The Southern Pacific line
w It ran stand a reduction In Its
Proportion. The Impendent com
pany claims a reduction would force
It to the walll.
As Dickinson secured the estab
lishment of this line to brek the
H&rriman mononoiv ho l m,ii .
j b to adjust the rate without
"waning his own "trust busting" ef
fort. .
DCKHISOtt
general called its attention to the
fact that one of the concurring Jus
tices was out of the state when the
order for a hearing was signed. Why
did four members of the court first
Ignore, then reckon with this point?
Because a fearless public officer
demanded attention and because the
weight of an awakened public was
behind the demand a public Inter
ested in its own affairs, demanding
speedy and substantial Justice, the
right to remove faithless Judges, the
creation of laws to stop Jury tamper
ing and miscarriages of Justice.
This awakening came in time to
work against Ruef. That Is all.
Bitter for Reuf.
It is probable that the bitterest
thought of all to this formerly pow
erful man Is that he must go to Jail
while his more powerful and richer
companions In crime go free. There
is bitterness In that fact to all right
thinking persons as well. Yet the
very conditions that predicted these
miscarriages of Justice were the instruments-that
worked toward per
manent good.
The prosecutions of the rich law
breakers, while they failed in their
immediate purpose to send the rich
and the powerful criminals to the
penitentiary were wholly successful
in their ultimate purpose to expose
the causes behind the corruption of
public officers, the solicitude of
courts for criminal corporations; to
demonstrate to the people the neces-
(Continued from Page 4.)
AfllXTi
SESSION IS
CERTAIN
REPUBLICAN SENATORS FRIEND
LY TO IT, TODAY ABANDONED
ALL HOPE OF GETTING A YOTE
ON RECIPROCITY WITH CANADA
UNITED. PBKRS LEASED WIRI.
Washington, March 2. Confession
that a senatorial agreement existed
whereby President Taft's tariff com
mission bill Is believed to be doomed
to defeat at this session of congress
was made today by Smoot of Utah in
the debate on the measure. Smoot
flatly declared that a compact had
been made whereby the bill is to be
left as the "unfinished business,"
even If the appropriation ' bills are
thereby blocked of passage.
When debate on the measure opened
Smith, of South Carolina, took the
floor and explained why he was op
posed to the tariff board. He pre
dicted that if organized, they would
divide and return majority and minor
ity reports. He urged that the only
reasonable plan was to unite on fram
ing a tariff law for revenue only.
Shively, of Indiana, who followed,
depreciated haste at this time. "Why
should the Republicans be In a hurry
now?" he asked. "They had 12 years
in which to create a tariff board and
did not do so. Can It be that their
haste now Is because the next con
gress will be Democratic?"
Then came Smoot's admission.
Shively denounced the policy of
preventing action on the appropria
tion bills, and thus forcing an extra
session.
"The plan is," he said, "to appoint
a committee of archangels to deter
mine tariff questions. Thus, they
f Reciprocity, or Extra Krwilnn
Washington, March 2. On
authority from the White House
of a person close to the presi-
dent, the United Press Is able
to unqualifiedly announce today
that only the passage of the
Canadian reciprocity agreement
will prevtent an extra session of
congress.
President Taft understands
that the report Is circulated
that he will be satisfied If he
gets a vote on reciprocity, even
If the proposition Is defeated.
It Is stated authoritatively, In
contradiction of this, that no
compromise will be acceptable,
as President Taft feels that he
has the power to get the pas-
sage of the agreement.
couldn't be mistaken in their conclu
sions. "The same president who declared
the 1909 tariff bill the best ever
enacted will make the appointments;
to this board. The Payne bill has
been approved and eulogized by him.
This bill now before the senate Is an
admission that previous enactments
have been arranged on an entirely
different basis than the relative cost
of production here and abroad."
After the Smoot admission, Senator
Bankhead, of Alabama, assailed the
Republicans and moved that a veto
be taken on the postofnce appropria
tion bill. His motion was lost, 56 to
24- , i
Until today the president has not
(Continued from Page 4.)
o
CHICAGO
E
IS BITTER
SAYS THE QUALITY OF VOTES
CAST FOR LORIMER WILL MORE
THAN WIPE OUT THE SMALL
MAJORITY IN HIS FAYOR.
Chicago, March 2. The Chicago
Tribune, which first started the cru
sade against William Lorlmer's reten
tion of his seat In the senate, to
which It was alleged he had been
corruptly elected, today denounces
the vote yesterday In the U. S. senate
which exonerated Lorlraer. It says:
"That vote, when corrected, leaves
Lorlmer a majority of four. This Is
the mathematical measure of his vin
dication.' The quality of the votes
cast for him will more than wipe out
this majority in the sense of the na
tion.
"If Lorimer is proud of the event
he Is welcome to -his pride. He, and
his supporters who take mathematics
In matters of honor, may congratu
late themselves upon the fact that his
vote will continue to be cast in their
Interest.
"One of the greatest lawyers In the
country, Senator Root, solemnly
warned the senators that if they
would preserve the government of
the fathers they were not at liberty
to reject any testimony showing that
a seat In the senate had been filled as
the result of corruption. Yesterday
46 senators rejected It. and this de
cision by the highest deliberative
body In the land strikes straight at
Our Republican government
"Let them go on. Let them fill the
cup. Let them use their votes against
reciprocity as they have against the
Republican method of having the
senate elected through direct vote of
the people. Let them fight tariff re
form and every measure devised for
pruning their tentacles, for the pro
tection of our system of representa
tive government, of law abiding citi
zens and of the general welfare.
"They have won a glorious victory.
But it will prove the costliest victory
erer won in the history of govern
ment by the big interests." .
TRBU
HTl Uat Bland.
San Francisco, March. J.
Whether Abe Rent, will attempt
to carry his case to the United
States supreme court probably
will be finally decided late this
afternoon at a conference Be
tween the former political boss
and his attorneys at the county
jail, where Reuf Is held, pend
ing his transfer to San Quen
tin. t
Henry Ach. who has been
chief counsel for Reuf, declares
that he does not believe an ap
peal will be taken.-
Reuf said today he belfeved
he should take every possible
action to avoid his 14 . years
sentence, but, if there were no
legal grounds for appeal, he
would face the inevitable philo-
sophically. -
" -
ClllflSE
bur; soo
m
I CrmoA hi Uiinnoi Com inn
Stricken Refugees Plunder
Plunder and Kill in All Dis
tricts Which They Invade.
CREMATED BY WHOLESALE
One Ciuiig of
Town and
SOO
Invades Small
Plunders
It Citizens,
Out of Revenge Close the Gates of
the Wallfd-ln VUluge, Then Set
Fire to It Home Escape, but Most
Meet a Horrible Death.
UNITED PRESS LEASED WIDE.
Victoria, B. C, March 2. Starv
ing and desperate, large bands of
refugees are plundering, killing and
being killed in a mad fight for food
in the famine districts of China, ao
cording to dispatches just received
.here from China. Horirble stories
of suffering and wanton slaughter of
human beings in the frightful battle
for life Is told. ' According to one
report 500 refugees were walled In
and burned to death in a village near
Kunshan. They had previously tak
en possession of Kunshan, had ran
sacked It and had killed many of the
Inhabitants.
When the band moved toward an
other town the citizens of Kunshan
decided to revenge themselves. They
waited until the refugees had reached
the village, and then crept up to the
city gates at night, locked them,
threw kerosene on the buildings and
set fire to the town.
Though many of the raiders es
caped, It is reported that 500 of them
were burned In tire holocaust.
Afterwards the refugees.relnforced
attacked Kunshan again, and desper
ate fighting resulted. The bloody
clashes ended with the srlval of
troops, the reports say.
THE BAR PAYS
TRIBUTE TO
JUDGE LORD
LEADING ATTORNEYS FROM ALL
PARTS OK THE STATE GATHER
TO PAY HONOR TO THE DINTIY
GUISHED MAN AND JURIST.
Attorneys from Portland and other
cities of the state, together with the
attorneys of the local bar, assembled
at the circuit court room this after
noon and In open court before Judge
Galloway paid tribute with addresses
and appropriate resolutions to the
late ex-Governor and Supreme Jus
tice W. P. Lord.
At a former meeting of the bar as
sociation a committee consisting of
Justice F. A Moore, of the supreme
court: Attorney General Crawford,
John A Carson, Wm Kaiser and Dis
trict Attorney McNary was named to
draw up suitable resolutions and At
REFUGEES
GiiAnLES BAHRETT UnDEJ
FORM
Chicago Politics Mixed.
Chicago, March 2. An official
canvass of the mayorallty pri
mary began here today. Form
er Mayor Dunne alleges that the
police returns of the voting are
'Crooked, and expects that the
canvass will show him to be the
nominee.
It Dunne Is shown to lave
won, Carter Harrison probab
ly will run as an Independent,
and Dunne Is being urged to
pursue the same course if Har-
rlson's apparent victory Is con-
firmed.
The Republicans assert that
Prof. Merrlam will be a sure 4
winner, If either Dunne or Har- 4
rlson runs Independently. ' 4
44 4444444444444
torney General Crawford In the ab
sence of Justice Moore presented
them.
Resolutions.
The resolutions were as follows:
"Whereas, Hon. William Paine
Lord, late justice of the supreme
court and governor of this state, has
suffered the common lot of humanity;
therefore
"Resolved, that the bar of this state
has lost by the death of Hon. William
Paine Lord one of Its most distin
guished jurists in the fullest sense of
that term and the state one of its
most eminent citizens;
"Resolved, that his long public ser
vices as soldier, judge, statesman, and
diplomat reflected honor upon his
state and himself. As a soldier, he
(Continued on page five-)
SENATOR
CONRAD AND WALSH CANDI
DATES FOR SENATOR IN MON
TANA WILL THROW STRENGTH
TO HIM AFTER FIFTH BALLOT.
UNITKD PRESS LEASED WIRE.
Helena, Mont., March 2. Unless a
United States senator Is elected here
today, the Montana legislature will
expire by oonstltutloijil limitation,
leaving the office vaicant. To avoid
this it is planned to vote continuous
ly until a senator Is elected or until
the hour of expiration tomes.
It Is reported that unless a choice
Is made, Walsh and Conrad will with
draw after the fifth baJlot today, both
throwing their support to former
Congressman Hartman.
On the first ballot today tho result
was: Carter 45, Conrad 29, Walsh
20, Hartman 7.
ALL RAILROADS WILL
SIHMIT TO KCLIXfl
CNITKD TREKS LEASED WIRE.
Washington, March 2. Interstate
Commence Commissioner Franklin K.
Lane today predicted that the rail
roads would fully submit to the re
cent rate decision of the commission
within a week.
"Represpntatives of Eastern and
Western railroads already have In
formally notified the commission that
they will comply with the decision,"
said he, "and there is no doubt In
my mind that others will .follow
suit."
XFiRO WOMKX AIEK
PORTLAND HOLDl l'K
f-niM n-4wv:4T una tauh
Portland, Or., March 2. Believing
that the two negro women who held
up rnd robbed William Schachner,
of St. Louis, of $120. at the point of
a gun shortly before midnight, at
Sixteenth and Yamhill streets, are
pickpockets who have operated in
Portland for six months, the author
ities today began a house to house
earcb of the negro Quarter today.
nv elect
G DULL39
HIS; MOTHER IS
THE GMiO SWIPED $57,000
FR0L1 STEfffl ilOOLDT
He Showed Considerable Gold Here in the Shape of "Dust,"
But, Which It Is Claimed, Was Bullion Reduced to Small
Particles Bought a Watch of the Barr Jewelry Company
Which He Sent to His Mother Case Worked Up By Detec
tives Who Were Here Recently.
That Charles Barrett, now under
arrest at Saa Francisco, on the
charge of having, with conferedatea,
stolen $57,000 of gold bullion while
being shipped on the steamer Hum
boldt from Sitka to Seattle, visited
thla city in November of last year,
and while here disposed of some of
the bullion to a Jewelry store, and
exhibited to persona some $600 of It,
Is the substance of affidavits made to
the district attorney yesterday by
Herman Barr, manager of the Barr
Jewerly store, and his clerk, Arthur
Keane, and other persons who met
Barret while here.
Purchased a Watch With Bullion.
According to the affidavits Barrett
came to -'he city in November and
stayed for a number of days at one
of the hotels. He represented . to the
hotel proprietor that he was engaged
in placer mining lu Alaska, and ex
hibited to him about $600 In gold,
OFFERS REWARD FOR
ARREST OF MURDERERS
In compliance with a' telegram
received today from Senator McCul
looh, of Baker, suggesting that a re
ward be offered by the state for the
apprehension of the two highwayman
who night before last murdered Ed
ward McCullough, ft saloon man at
Haines, Governor West this forenoon
offered a reward of $1000.
McCullough was shot and killed by
the highwaymen because, when they
attempted to hold up his saloon, he
declined to throw up his hands. Ever
since the murder a posse has been in
RAILROADS
LAY OFF MEN
CUT WAGES
LAKE SHORE AND MICHIGAN
SOUTHERN ORDER 10 PER
CENT REDUCTION OK WAGES
IN LOCOMOTIVE DEPARTMENT
AND MEN LAID OFF.
UNITED PtESS LEASED Willi
Cleveland, O., March 2. A 10 per
cent reduction In the wages of men
employed In the locomotive depart
ment of the Lake Shore ft Michigan
Southern null road was suddenly or
dered today.
Instructions are to lay off men
wherever It la possible. The chief
clerk In the ofllce of Superintendent
of Motive Power McBala here, said:
"I cannot say how many will be
affected. We will be able to lay off
10 per cent of the men everywhere
and at some points a larger number.
The statement that a reduction of
wages by 10 per cent and a reduction
of the working hours from U'.n to
eight has been ordered is not true.
We have been compelled tr make
this move on account of the great
decrease of business, which invarl.
ably comes at this time of the year."
year.'
A Toledo dispatch declares that a
reduction of 10 per cent In wages,
curtailment of the number of men
employed and a cut In the working
hours from ten to eight h" beon or
dered by the. Lake Shore there.
Oregon I'lHttiiiaMlrm,
fninrn rim ieasb wikr I
Washington, M'-arrh 2. The sen
ate this afternoon confirmed the
nominations of the following Oregon
postmasters: Madras, Fred Darts;
Marshfleld. W. B. Curtis.
ARREST
1 WAS HERE
AT MEIIAMA
which, he claimed, was gold dust.
The hotel proprietor has had consid
erable experience in mining, au4
gives it as his opinion that the gold
was not gold duBt, but that It was
bullion reduced by some process to a
duBt form. Barr and bis clerk swear
that during that month a man, giving
his name aa G. C. Sims came to tha
Barr Jewelry store and purchased a
lady's watch, and gave In exchang
for It gold dust to the value of $25.
In this they are corroborated by the
hotel proprietor. The watch, It
seems, was sent to Barrett's mother,
who resides at Mohama, Barr and
his clerk also say that he exhibited
at the time of the purchase of the
watch gold In a leather bag, which,
they judge, to have been of the value
of about $500.
The aJfldavlU are the result of In
vestigations made In the city by de
tectives on the case, and have been
forwarded to the proper authorities.
search of the murderers, but so far
It has succeeded In securing no trace
Of them. It is believed that they are
hidden In the mountains, and that, in
view of the fact that they are with
out supplies, that hunger will force
them to come out from their hiding
place, and their apprehension be the
result.
Conflrmed Appointment.
Washington, March 2. The sen
ate this afternoon confirmed the nom
ination of Robert O. Bailey, to be as
sistant of the treasury, and Henry S.
Boutell, to be minister to Portugal.
TRY TO KILL
BY JOKERS
SENATORS HEYUl'RN AND CAR
TER INTRODUCE AMENDMENTS
THAT WOULD PUT THE NA
TIONAL FORESTRY SYSTEM
OUT OF BUSINESS.
UNITED PRESS LEAKED WIRE 1
Washington, March 2. Charges
that Senators Heyburn and Carter
were the chief movers in a plot to
kill the national forestry system
through Jokers In the agricultural
appropriation bill were made here to
day by Glfford Plnchot, former chief
forester of the United States.
Speaking to a convention of lum
ber merchants, Plnchot said the Hey
burn and Carter Amendments would
cause a complete abrogation of the
country's forestry policy.
'The Heyburn amendment," he
suld, "provides that all land uion
which there Is growing loss than 4000
feet of merchantable timber In con
tiguous areas of 160 acres shall be
excluded from national forest re
serves. This would practically end
thk? use of the national forest reserve
by westerners, and would prevent the
practice of forestry. The amendment
was supported by arguments ho false
as to be ridiculous. It was obviously
Intended to destroy the national for
est system, which It will do If trouble
Is eniu'ted.
"Another amendment, this time In
the Interest of fraudulent mining
claimants, was Introduced by Senator
Carter, and was adopted. It prohib
its the forest service from Interfering
with fraudulent claimants, except
.OIJtl ucrtl likftii P4r .1 i
FORESTRY
1