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NEWSPAPER '
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THIRTY-SIXTH YEAR.
SALEM, OREGON, SATURDAY, JUKE 7, 1913.
voirv Tvf rvwTfl oif maim and mtws
j
ii f in i
run
NOll HOLDS OP A
Spikes Removed From Rails
and Entire Train Is De
railed as Result.
NO ONE IS BADLY HURT
teel Coaches Again Demonstrate Su
periority and Only Rimuiu Guar
Is at AU Injure 1.
Wibon's ChairvToo Small. ' '
-'
the
Washington, June 7. For
first time since his term expired
March 4, last, former President
William H. Taft visited the C'api-
tol building for an hour today, ex-
changing reminiscences with mem-
bers of the senate and house,
When Taft entered the executive
offices, President Wilson was ab-
sent, and Taft tried to sit down in
Wilson chair, but without much
success.
.
1 1 PAID A CI 10IDC IIMTIIl 1H1
Borne unknown person pulled the
apikes out of a section of the track
near the School for the Feeble Minded
and derailed the S. P. Willamette Limit
ed passenger train this morning at 9:13.
Two day coaches loaded with passengers
were turned nearly half over on the
right of way and the mail and baggage
cars were thrown from the track. No
one was killed, and but a few injured
slightly.
The entire train, consisting of an en
gine, two day coaches, observation, mail
and baggage was derailed, but did not
tip completely over.
Joe Langford, news agent, sustained
the most serious injury. He was bang
ed up against thejyi,dof a-rar andTru's
sevefVHr'His home is at 312
'Main street, Portland ,
Mrs. Isabella Woods, of Sweet Lake,
was thrown clear over her son and land
ed against the side of the car. She sus
tained bruises, but was not seriously
liurt.
That some one is responsible for the
wreck is a certainty in the minds of
the railroad heads. At first it was be
lieved that the mils had kinked during
the warm weather prevalent recently,
but E. Bennett, a farmer residing near
the Sdiool for the Feeble Minded, un
earthed evidence that tends to show
that some one pulled the spikes out of
the ties for a distance of about ten
feet. Mr. Bennett, in passing through
a fence along the right of nay, discov
ered a "pinch-bar," a tool used for the
purpose of lifting spikes out of ties.
Further investigation on the part of the
railroad officials revealed the fact that
the spikes lying along that section of
track which was still intact bore marks
of the pinch bar and that the abrasions
on the rail holders corresponded iden
tically with the shape of the claw-like
end of the bar.
There has been no section crews
working in the vicinity of 'the spot
where the wreck occurred.
Engineer's Story Verifies.
That spikes must have been removed
jirior to the arrival of the Limited was
verified when Engineer John S. Mont
gomery declared that he noticed the
east rail suddenly raise and swerve to
ene side when the engine was about "it
yards from the placo whore the cars left
the track. He yelled to the fireman and
applied the emergency brakes, reducing
the traiu's speed to 20 miles an hour.
Had the rails bad a tendency to spread
when properly spiked, the spreading
would not have taken place until the
engine or car weights were upon them.
Railroad detectives have been sum
moned from Portland to investigate the
Esola Found Guilt' of Grand Larceny
in Connection With Swindling
of Rancher.
UNHID PBSSS UASID WIS!.
San Francisco, June 7. After delib
erating less than four hours a jury here
early today convicted Frank W. Ksola,
for 16 years a member of the San Fran
cisco police force in various capacities,
of grand larceny in connection with the
swindling of Charlos Foida, a Modesto
rancher, by bupeo-mon." Sentence will
be pronounced Tuesday.
Esola received the verdict calmly.
have albsolutely nothing to sny," he
told the newspaper nion.,
Tho convicted men immediately was
remanded to the custody of the sheriff
and probably will be transferred to the
county jail before night. His attorneys
will appeal. District Attorney Vir-keit
war jubilant over Esola 's conviction.
"This is tho only beginning,'' ho said
"We have a few more surprises in store
for the future, and aro goiiiir right
ahead with tho other casos. As fir the
verdict, it was eminently just."
LLOWATS DECISION IN DENTISTRY REFERENDUM CASE IS THAT
SPECIAL ELECTION CAN BE CALLED EXCEPT FOR A SPECIFIC
, Thirty Minors Near Death.
Fottsvillo, fa., June 7. With
two known to he dead and only 20
rescued alive, little hope is enter-
tained hero today for the safety
of 30 miners who still are entomb-
ed in the coal mine of the Scott
colliery near Mount Carmol. The
men wero caught by an explosion
of gas just as the day shift was
about to enter the workings. A
government rescue car, manned by
federal employes is working des-
perately to reach the entombed
men. Oxygen Is being forced down
the shaft by pipes.
In the matter of the mandamus pro-i The defendant as a further reason for
ceedings over the state dentistry bill (yirenising to tile said petition, Alleges
in the suit of W. T. Slattern, plaintiff,
vs. Ben W, Olcott, defendant, Judge
Galloway at noon today handed down
the following decision:
On or about the 28th day of May
last, a petition containing the names,
that the petitions were circulated and
presented for filing without having at
tached thereto a full copy of the meas
ure to be referred.
The court as roquested by the de
fendant will take up the first reason
place of residence, etc., of some 7000 1 for not filing the petition, viz.: the act
legal voters was presented for filing to of 1013 being chapter 321, General Laws
the defendant, secretary of state, or-; of Session of 1913, Sec. 1, which reads
dering that Senate Bill No. 11, passed as follows, to-wit:
by the legislature of 1913 bo placod onj "There shall be hold a special olec
the ballot at the regular general elec-.tion in the soveral voting precincts of
tion to be held in November, 1914. Tho this state on the first Tuesday after the
secretary of state, defendant horein, re- first Monday in November, 1913. All
in congress, and the same when a va
cancy occurs in the membership of our
state legislature. Nowhere does tho
constitution confer more power upon
the legislative department than upon
the executivo department in the exer
ciso of this powor.
The act set out in chapter 321 of the
session of 1913 is not only special but
restrictive as it confines the power of
tho people under the referendum and
initiative provision of our constitution
to the referendum of moasuros pasaed
by the legislature of 1913, but denies
them tho right to institute such initia
tive measures as thoy may deem advisa
ble and for the welfaro of the whole
BL probe
IN ALL OF CITIES
Hallway Commission to Investigate
Charges of Portland Light Compar.y
Id Salem and Elsewhere.
fused to do so, and declinod to file measures passed by the twenty-seventh
same for submission on June 2d when legislative assembly of the state of people,
again presented by the plaintiff, who is Orogon upon which tho referendum may I At tho date of passage of the said
ono of tho petitioners, hence this writ bo invoked shall bo submitted to thejaet, there was no measure reforred,
which commands the defendant to com
ply with the prayer of 'the petitioners
or to show cause for declining to file
said referendum petition referring to
tho people Senate Bill No. 11, rogulat
ing the practice of dentistry in this
state.
For cause the defendant alleges the
petition is defective in so much as it
demands that the measuro be placod on
the ballot for the regular election in
November, 19H, and in his answer calls
the court 'attention to the act calling
a special election in November, 1913,
being chapter 321, authorizing a special
election to veto on all measures enacted
by the twenty-seventh legislative as
senibly of the state of Oregon, on which
a referendum may bo invoked, and de
claring an emergency.
poople for thoir approval or rejection at there was no exigency or cause for such
such special election. - The polls shall an act and no existing conditions for
open and close at the same time as is such an act, and no demand for samo,
now provided by law for genernl elec- thero was no authority f or appropriat
ions in this ttato and the voto cast on ing $12,000 or any other sum and no
such laws or measures shall be counted, causo for proclaiming an emergency.
canvassed, roturned and declared in tho , Therefore, it is tho opinion of the
same manner as provided by law for all court that tho act set out in chapter 321
laws or moasuros submitted to the peo- of tho general laws of tho session of
plo at gonoral elections." the legislature of 1913 is iineonstitu-
Tho federal constitution, as well as tional and void and tho court so holds,
that of our own stnto, gives to the ex- j As to the second objection set out In
ecutive department the extraordinary defendant's answer tho law requires
power of calling special elections, but that a full copy of (he measure bo at-
in nil cases the elections must be called tached to tho petition so that voters
for special existing purposes and so may know what they aro Bigning and
designated in the call; for instance, tho the courts have so held,
govornor is required to call a special Therefore, tho writ will bo dismissed,
election to fill a vacancy caused by the for this defect alone, and it is so or
death or resignation of n representative dored.
Owing to the many complaints that.
have come to tho state railroad commis
sion against tho Portland Hallway,
Light 4s Power Company, that commie
sion has decided to take advantage of
tho provision , of the Mnlarkoy public
utilities act and have a state-wide In
vestigation of the rates chargod by the
company in the several different towns
wheroin thoy do business. The towns
that will fall under this Investigation
aro: Portland, Snlom, Oregon City,
Milwaukio, St. Johns, Llnnton, Glad
stone, Grosham, Louts, Boring, Estaca
da, Troutdalo, Fairvlow, Oswego, Wood
burn, Silvorton, Mt. Angel and Gorvais.
Even though the commission is now
ovorcrowded with work it soos the im
portance of this Investigation, and is
prepared to cope with the great amount
of statistical work that will accrue
from such an investigation. The first
mooting of tho Inquiry is scheduled for
Septomber 2, in Portland.
Atteaux Also Escapes and Den
nis Collins Found Guilty
on Two Counts.
JURY FIXING SCANDAL
More Facts Brought Ont Concerning
Attempted Bribery of Juror Sha
man During Trial.
(rjxrriD rasas taiaso wtsa.1
Boston, Mass., June 7. William
Wood was acquitted here today on all
counts in the indictment charging a
conspiracy to place dynamite to discred
it Lawrence strikers. Frederick. . At
teaux was acquitted on the fifth, count,
but the jurors sre disagreed on the,
four other counts. . Dennis Collins was
found guilty on the first two counts,
and not guilty on the other three.
The most credible version obtained
of the alleged bribery attempt in the
case follows: A man approached
Juror Shurnan, near his home, and asked
him "it he had mado up his mind,"
adding:
"I will got you a good job if you
will voto right for us. It is done in all
cases where big follows sre concerned.
You need not be afraid. We have got
the foroman and ten others."
Later It Is alleged the same man tele
phoned Shuinan and renewed the offer,
urging him to see an attorney, whose
name ho mentioned. It is reported Shu
man was offered a job in the Washing
ton mill of the Amorlean Woolen Com
pany and $300 cash.
Chamberlain Thinks Farmers Here
Should Not Bother With Apples
Other Fruits Pay Better.
Before a rather smnll audience of the
rural sections of Salem, A. E. Chamber
lain, who is on a lecture tour for the
Oregon Electric and Great Northern
railways, spoke of the fruit industry of
this and other sections. Mr. Chamber
lain emphasized the point that farmers
should raise such fruits as aro beet
adapted to the climatic conditions in
Y. 1-1. C. A. RUNNERS
Weather Forecast
Oregon Showers tonight or Sun-
day; cooler Sunday interior north-
west portion; south to west winds.
Long Procession Follows Mlnton and
McDonald, Following Firing of
Btartlng Oun.
With Minton, of Salem, leading Mc
Donald, of Portland, by a few feet, the
Aurora, Salem had a lead of 3 4 of
milo. Tho lap was run in 31 minutes.
ease and although the guilty persons I market and will continue to be for sev-
cannot be even suspicions! as yei, aienu years.
which they live. The seakor went on annual Y. M. C. A. relay runners dashed
to say that apple raising was not as 0t 0f Snlem this morning at 10 o'clock,
well adapted to this section as was the , followed by a long procession of people
loganberry industry. As an instance, ' antomoniles and buggies and riding
tho speaker mentioned the fact that 1 bicyees and motorcycles. The gun
there were at the present time hundreds starting the men was fired by W. T.
of carloads of western raised apples in jstaley, president of the Salem Y. M. C,
tho warehouses of the east waiting for I A., and each man carried In his hand af
a market that could not be found whilo ' Jpttrr to tho president of the Y. M. ('.
with loganberries there is an unlimited A. at Portland.
Great Beception Will Be U I veil Mou
Traveling on Special Train to Fort
land Festival.
At a meeting of the second committee
Hop Lee Laundry Structure Is Razed to
Make Way of B. B. Byan's Four
Story Brick.
thorough and rigid investigation will be
carried on by the company.
The engine stayed upright after the
derailment, the wheels on one side be
ing just inside the rails. The end
coaches landed against telegraph poles
and held the middle coaches from tip
ping over. The engine inn about a
train length Bfter being derailed and
the track was badly torn up. The tele
graph wires were broken when the
coaches crashed auniiist the oles.
Engineer Montgomery and Fireman
H. 11. Thomas escaped uninjured. Con
ductor George Peebler was in charge of
Should Raise Best Grades.
Taking up the culture of strawberries
Mr. Chamberlain said that farmers
1...ut.l I.a fnn' enrefnl tn select IhOSO
varieties that arc host for the market. 1 Rv1"n
The speaker then showed that by rais
ing an inferior grade the farmers mere
ly inn.le menial wages lor tneir tenors
whereby if they had used thoe better
qualities there would have been a pro
fit over ii ii. I above their wages. Mr.
Chainborhiu said that there were prob
ably only two varieties of strawberries
tlmt were in the blue ribbon class when
thi v come to the market.
The men will run in the following or
der: Portland Salem
McDonald Minton
Fox Feike
S.haefer
Qitinn Kiutus Jim
Muss Spence
Kleniniing I.afky
(iiinther Simeral
Booth Pntehin
S.'wtelle I Tollman
After serving over 70 years' of use
fulness, and housing Hop lco and his
laundry for 21 years, the old building
which is located immediately south of
the building occupied by this paper, is
being torn down and burnt up. The
property Is being cleared by U K . Ryan,
who will erect a four story brii k on it
ss soon as possible.
The Hop Lee laundry building ws
nniong the first buildings to be erected
In this city. Although the boards in it
Vsnderlip l'tter are rotten, and the frnice in a dilni,:
Included in the people following the;''""'! condition, the structure hns I
. . . I .n.!n,tnlilA .I..-!.,.. (I... Til .,.1.1 ,-, It
runners in aiitouio'ilics were several 1 ' " " .
Portland men. A. M. Grilley, physical
Sixty-One Honored, Dr. Blsson Gives
Great Address and Beception Buds
Fine Pribram.
With tho armory suditorluin filled to
overflowing, the cnniniencfiiiwu exer
cises wore held lat evenin'r In honor
of tho graduates u' tho Snlein hiuh
school. To the W'li'i.s of tin "Moon
'Valtr." the 01 gindiiiit.es filed Into the
hull to thoir rcs i-iivo soi's on the,
having in charge the reception of llu n.Mn.ni, After nl! cre sealed Dr. '!.
Royal Oaks and other California eili-il. Avison steppel forward and In a
zens tomorrow evening, Win. McGil- clss voice delivered tho Invoc itlon. Im
christ. Jr.. was chosen general chair- ricdinloly following, Miss Mm Sennit.
man, and tho following program was ar
Want Eight-Hour Law,
Tho socretary of state received a tel
ephone messngo this morning stating
that the women of Orogon City were cir
culating an Initiative petition for an
eight-hour law for women. Thero Is at
the present time on tho stntuto books a
law providing for an eight-hour day for
women In all public work and S ten-
hour day In all other work. It is ex
pected a copy of tho potitlon will be
filed with the secretary of state In the
near future. The petition will not go
before the people In Novomher, 1913, ss
the law In that respect deals only with
referendum petitions. This was the
opinion of tho attorney-general, ren
dered some time ago.
ranged:
i nl. rd two I cm tlful sol nc s
violin, Miss Schiiltr.'s rendition of
Reception of visitors nt the Southern "Traumeri" plainly showed that she
Pacific depot at 7 o'cock p. in.
Sight seeing trip with autos over the
city.
Fountain dispay at 9:30 p. m.
After the informal program at the
fountain, luncheon nt the Marion Ho-tel.
Is a past master on her Instrument,
Dr. K. O. Sisson, of Heed college, Port
land, was the speaker of the evening
Dr. Sisson took for his theme ''Lonslroc-
tive Advance in I'.diicatiuii, carrying
and enlarging upon the thought that
I I- u, .1 1., xnr x i 1,1 1 en
It is especially urged that nil citizens Blid with that love they must realize
owning automobile place them nt er- t, nf ,,.ir children. The speak-
vice of the committee luid the visitors 0 Hui, (mt ;f w,.re the case educa
for the sight si ig trip, which will not tin w, sour to the highest possible
lust more tnnn'one hour nnd thirty 111111- point.
ute. All automobile owners who will Willi a few brief, but eloquent words,
donate such service for the advertise- lrf,,,r Kjlpatriek. principal nf the
Memorial Services.
Chomekcta,t lodge, No. 1, I. O. F., and
Snlem Rebecca lodge, No, 1, will hold
their memorial services Sunday at 2:M
p. in, at the Grand opera house. Tho
program :
Music by quartet.
Invocation Rev, Jm II. Irvine.
Solo, Mrs. F.lsie Simeral, "Lead
Kindly Light," ( has. 8. Conout.
Reading, Miss Hliincli Listen, "Than-
atopsls," by Win. Cullen Pryant.
Rending names of deceased members
Remarks by Geo. H. lturnett.
Solo, Miss Lizzie A. Waters, "Plains
of Peace," by Hainan!.
Music.
Address, Hon. Henry W. Wostbrook.
lleneilictlou, James II, Irvine.
The public is cordially invited to attend.
ment of Snlem, kindlv notify flcn. K.
ledgers, chuiitnan of the automobile
committee, and be at the Southern Pa
cific depot nt 7 0 'dock.
has been built.
the train. I
kii. j 1 i'..tii.n, n ni-ettv O. A. C.ithnl no one was seriously hurt and there
junior, was on her way from t'orvallis
to Aberdeen, Washington.
"I was sleeping when the derailment
came and thought we were going down
grade at a rapid rate," she said to a
Capital Journal reporter, who wis the
first newspaper man to reach the scene.
"I woke up and soon the day coach was
a mass of screaming people. They
crawled around and tried to get out of
the windows. Finally we found os
director, nnd Confh Lord were with
them.
This evening s bnrniuot will be ten
dered the runners nnd Hnloin visitor bv
wns no danger and made our way of the
oache. "
The train carried a large crowd bound the Portland Y. M. C. A.
for the circus here. At 1 p. ni. Salem had maintained a
The steel built cars again demonstrate good lea1. In the first lap Salem's
ed their superiority. They withstood man, Minton, got a good load, while
the wreck with practically no damage. Feike gained a half mile over Portland
except to the running gear. in the second lap, running it In 32:3.
It was announced that the wreck Schaefer In the third lap maintained
would be eleereii away ny sdoih a ine iea 01 reins, maaing ine lap in
o'clock this afternoon.
Will Soon Get In Again.
When Frank l.ovcll walks out of the
prison gates next Monday morning af
ter serving a long sentence, be will' be
met by Sheriff Ks. h, of this county,
who holds a wsrnrnt for his arri"t on
the charge of forgery. Lovoll is charg
ed in the justice of the peace court of
Woodburn and he will be taken to that
place for arraignment.
Few people live leng enough to rec
33:40. At the end of the fifth lap near tify their mistaken.
high st hool, presented the class of 1!I13
to K. M. Millard, president of the
board of education, Mr. Millard re
plied by ndtiioiii-diing the giaduates of
the responsibilities that are theirs, now
that they lire through what schools the
city bus provided for their udvnntnge.
V'ith I'rot'es-or Kllputri-'k calling aloud
(lie unices, Mr. Millard presented each
giadiuite with a diplomas a they filed
past hini.
McLoughllll Wins. At the close of the evening a short
New York. June 7. Maurice K. Me- riception wns held In the east room of
Looghlin nf San Fmncisco, national the armory, where all friend were re
tennis champion, and Harold II. Hark- reived by the graduate,
ett this afternoon defeated Stanley N.I 1
Doust and A. II. Jones, Australians, in Don t argue with a critic; he can
the first set of the doubles la the think of more mean things to say than
games here for the Davis cup, you can.
Over a Score Killed.
(UNiTiD rsass miasbd wibs.1
Kdniouton, Alberta, June 7. Between
2 and I'l laborer perished In the Fra
zer river between Tcte Jubiio Cache and
Kurt George when the ice went out, ac-
ording to Grand Trunk Pacific con
luctori who arrived here today from
lie Tete Junne t 'ache.
Wilson Visits Taft.
frverrn nirs tArl wilts. t
Wn-hiii;(ton, .lime 7. President Wil
son this afternoon aid former Presi
dent Tnft a brief visit nt the home of
W, J. Iloardtnan.
California Boy Wins.
fnsiTsn rnsss Utaso wins 1
f 'Ii ti 111:0. dune 7. At Chicago Uni
versity s uiitinnut interscholaiitie meet
hero this nftetuoou, K, Caughey, of
I kinh, fnl., won the shotput with 44
fi-ct 3 Inches.
Dins of Injurios.
fesiTSU I'hiss uiisau Wiss.
Centralis. Wash,, June ".Frank
King, aged 77, (uouecr orchardiat of this
section, Is dead here today, following In
juries caused by being buried under
sn overturned load of wood.
A wise nian ha hi hand on the door
knob when opportunity knocks.