Daily capital journal. (Salem, Or.) 1903-1919, September 05, 1913, Image 1

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    pi the News that's Fit to Print Everybody Reads the Daily Capital Journal
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THE BEST
NEWSPAPER
11
THE LARGEST I
CIRCULATION I
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jIRTY-SIXTH YEAR.
SALEM, OREGON, FRIDAY, SEPTEMBER 5, 1913.
rKlL.L, IWU XAKlB, JPIVB CENTS.
0 k A llrtYrlirti r
. .
SUIT FOR
!
WAND
(AY N1ED
ISO IN II
GAINST (Q0YE1N0
ID
Mrs. Pankhurst
May be Barred
Intimated That She Will Be Refused
Admittance on Ground She Is Fugi
tive From Justice.
iwford Asserts in Complaint
that Money Was Wrong- .
I fully Expended at Pen
;tion DUE TO USE
I OF REVOLVING FUND
riey Paid Without Authori-
' in Carrying uut west s
"Policy," Is Charge.
kit was instituted lu the Marion
jty circuit court this morning by
Vney-General A. M. Crawford
ist Governor Oswald West, Secre-
of State Olcott and State Treaaur
jay to rccovor $16,518.83, which is
ted in the complaint filed to have
I unlawfully expended and paid out
$e penitentiary "revolving fund"
She. defendants. '
ikorney-Grtiorar Crawford, in his
jilaint, avers that between the 10th
of January and the 31st day of De
.her, 1911, Secretary Olcott, Gov
it West and Treasurer Kay, Con
ine and acting together, or assum-
to act as a board, purporting to
i control of what has been tormed
: Oregon state penitentiary "rovolv
fund," undertook and pretended to
tt the defendant, State Treasurer
1 to enter and credit in his books
: tccoimt. all moneys received by him
J the sale of brick by officers of
penitentiary, and all moneys re-
'c.l as rent from the stove foundry
Jii nrinn vnnls as so-called "re-
ring fund."
Unlawful Action Alleged.
fin all.'ircil in the complaint that
."tttaiy of Htnto Olcott drew war
f on the state treasurer in the sum
TiO,."lS.S;l at the request of the de
nt, Oswald West, and that the
I treasurer honored the warrants
ifout the sanction of any law now on
'- 'statute books. The plaintiff alleges
' 'jlie instituted these proceedings at
' V(npst of Governor West.,
flowing is the bodv of the com-
t in part:
liat said moneys, uor any part
J!"f, was never appropriated from
' treasury by an act or law oi
,tate of Oregon; that the payment
?"f was in addition, to and in ox
?"f all money appropriated by law
'the support, maintenance and any
every other use or purpose of or
Vted with the Oregon stats peril-
iK.v for and during the time hore
lione.l; and that all the moneys ap
plated for any purpose In connec
y with the penitentiary wore other
j expended in accordance with the
i'l'riation, and the forogoing sums
disbursed and paid out as afore
without warrant or authority of
therefor and no appropriation
'lever was made by the legislature
iw Mate of Oregon, or otherwise,
''' of the purposes for which said
W were disbursed.
' ,'"wt Knid pretonded claims against
'ate of Oregon so undertaken and
.'"'led to he approved and allowed
'l hoard, were incurred by dircc
t "f said defendant, Oswald Wont,
jwernor of the state of Oregon,
m his rapacity as trustee of the
Penitentiary, pursuant to the pre-
authority and agreement of said
therefore, plaintiffs demands
f!"t against the defendants in the
'"W1S.83 and Its costs and di
fuents in this action."
" moneys alleged in the complaint
I eon paid out unlawfully were
as follows, in lftltf' May,
,,fi; -lime, tl0.r2i July, l,fl2.'5.43;
'AUSSj Sept., l.6S3.tV, Of-
r' .'4.i.53; November, t,19".49
, wles of brick for the snme p
': (Continued on pat 6.)
UNITED PRESS LEASED WIRE.
New York, Sopt. 5 That Mrs. Erne'
line Pankhurat, the militant English
suffragette leader, now on her way to
this country, may be denied the right
to land on the ground that she is a
fugitive from justice, was intimated to
day by immigration officials here. Su
perintendent Bakor of the Ellis Island
immigration station said it had not
been decided definitely how to treat
the oxpectcd visitor.
Mrs. Pankhurst was sentenced to a
term of imprisonment for instigating
outbreaks of suffragette militancy, be
gun a hunger strike, was released leBt
she die for lack of food, rearrested as
soon as she had party recovered, again
reloased and rearrested ovor and over
again, until finally, while out on leavo
and with part of her sentonce still
hanging over her, she went to France.
The British authorities, very glad to
see her go, made no attempt to inter
fere with her. i
E HITS HI
Believed They WiU Stick in Strife
Scourged Mexico and Take Chances
on Slaughter.
UNITED MESS LEASED WinE.l
Mexico City, Sept. 5. -That very few
Americans will accept the defacto Mex
ican government's offer of first class
transortation from the country was
tho opinion expressed today at the
United States embassy hero.
It was still rumored that Provisional
President Huerta is about to resign,
that he may become a legitimate can
didate for election to the presidency,
but members of tho cabinet deuiod any
such intention on his part.
Tells Jury Not to Allow Sym
pathy for Family to Tinc
ture Judgment.
MRS. CAMINETTI KICKS
Objects Passionately to Part of Got
eminent Prosecutor Sullivan's Ar
gument In Case.
UNITED PRESS LEASED WIRE. J
San Francisco, Sept. 5. Whether F.
Drew Caminetti, of Sacramento, is
guilty or not guilty of breaking the
Mann white slave act by taking to Be
no, Nevada, Lola Norris, also of Sac
ramento, "for immoral purposes,"
probably will be detennined here be-
THAW FOUND TO BE
Entered Canada by Stealth
and Inmate of Asylum
Recently Reasons.
AN APPEAL IS TAKEN
Said That Habeas" Corpus Writ Secured
in Montreal Halts Deportation
for Awhile, Anyway.
UNITED FBESS LEASED WISE.
Coaticook, Que., Sept. 5. Harry K.
Thaw was found deportable on two
counts by the immigration board here
this afternoon, and was ordered de
ported immediately. Thaw's counsel
at once entered an appeal. It is stated
fore night night by a jury in United that a habeas corpus writ oDiainea w
States Judge Van Fleet's court, which Montreal will bar lhaw a deportation.
took the case at 12:10 foday. The grounds for nis expulsion irom
x. ,.,.. . .... . .'Canada are: First, that he entered
Up to 12:30 the judy deliberated : , . .... , . i n,
' ' f I Canada by stealth; and second, that
on the four counts In the indictment' . . , . !.
he has been na inmato of an insane
against Caminetti, and at that time, , .... ..
. . ... asylum within five years.
Judge Van Fleet adjourned court until , Dodge) Big QuMtlou,
2 p' m.- . . Thaw was evidontly in a cheerful
As in the trial of Maury I. Diggs, fnm9 of nlind when he rc9umod the
the .defense took an excopt.on to tkelj)t ,n his own tha fore.
court's cnargo as a oasis ior carrying
an appeal to the higher couTts.
Jerome One Hour
in Jail Cell on
Gambling Charge
UNITED FBESS LEASED WISE.
Coaticook, Que.,' Sept. 5. Attorney
Jerome of New York was admitted to
bail by Magistrate McKee today, after
spending an hour in a cell, following
his arrest on a charge of gambling.
While Jerome's automobile was wait
ing yesterday in the expectation that
Thaw would be ordered doported, the
newspaper correspondents started a
poker gfime, in which Jerome, it is al
leged, joined. The game was played
oponly, whilo a hostile crowd looked on.
Residents of Coaticook mostly sym
pathize with Thaw, and Milford AI-
dridge, a prominent citi?ou, notified the
police that Jerome and several others
were gambling.
Jorome was arrested early today at
the Coaticook hotel, after Aldridge had not known.
declared that he saw money passed be
tween players. Jerome betrayed no
surprise over his arrest, and accompan
ied Patrolman John Andrews to the jail
without a word of complaint.
Thaw's attorney's denied that thoy
were responsible for Jerome's arrest.
Jerome's bail was set at (500. His
case is set for 9 o'clock tomorrow, when
may be dealt out the maximum punish
ment of one year in jail, under the
technical charge against him of "com
mon gambling on railroad property."
The newspaper men who played pok
er with Jerome say the game was
"penny ante,' with a 10-cent limit.
They declared that Jerome lost 54
cents.
Jerome loft Coaticook this afternoon
in an automobile. His destination is
SLAYS 1 3
AND HURTS
11 OTHERS
OF ROBERT MORGAN
At the conclusion of his instructions ,
noon session. He wore a flower in his
buttonhole and was calm and collected.
First he was questioned concerning his
Judge Van Fleet ..impressed upon the; - fnm i-attBawa md thon
jury that they wore not to alow. ym-. nt b)auk ,f he stauford
pathy for the family of th. defendant o M tha oa ho 9howed sign,
to tincture their judgment. 1)ut d without
This followed shortly upon the in-.. .. u
. ,, . n o Ihcsitating: '1 refuse to answer,
terruption by Mrs. A. Caminetti, Sr., i . , . . ., ,, .
' . . . , Thaw s counsel moved the admission
wife of the commissioner-general or, , . . .. . ...
; , .. , .. . , of reports concerning their client's
immigration, and mother of the de-, .. . , . . r. n.:ti
, , , , , . .. , samtv by his alienist, Dr. llritton
fondant, who rose during the proceed- j-va ,)ut th(J motion was donicd. Aa.
ings to object passionately to a part of Attornoy Ooneral FrankUn Kon.
Government Prosecutor Sullivan . ar-
gumeut.
Court's Instructions.
The board having charge of the
stato printing matter, having made an
offer of $15,470 to tho Duniwny estate
or the purchase of thoplant now in
tho state house, this morning received
a note from Mrs. Duniway saying she
would accept it. This concludes tho
purchase of the plant by tho stato. All
the printing on hand being wound up
by the Duniway estate is about done,
and. with the exception of a small su
preme court job, will all be completed
by Saturday night, and the plant will
be turned over to the state printer, .ur.
Harris, who will tnke charge Monday
morning. The board also decided that
the wage scale should be the snme as
in Salem, rather than that in Port
land. JAPAN IS ABOUSED OVER
KILLING BY CHINESE
UNITED P11ESS LEASED WIH1.1
Tokio, Sept. 15. Premier Count Yam-'
amoto went to Nikko today to discuss
with the Mikado tho killing of several
, a riot with the Chinese
rebels and government troops at Nankin
It was believed .lapan would demami
an apology and indemnity.
M-jnv newspapers uemanu '!"""
. ct.in port until i nin
Japanese warships aro patrolling the
Yang tse river to .niiRin.
BLAME 8UFFRAGETTES
UNITED HUMS LEASED WtnE.l
London, Sept. 5,-Huffragettcs are
it. i n. nv
believed to bo responsiuie -
for a fire which damaged Duiwion co.
.cap, boarding school In South Lon
ik. tont of 11.500. Kerosene
(It'll, l ' '
cans and oil soaked rags were
near the building.
The salient points set out in Judge
Van Fleet's instructions were that it
was sufficient to establish the guilt of
Caminetti, if the jury found that he
had aided in Bceuring tho transporta
tion of Lola Norris and Marsha War
rington from Sacramento to Reno,
whether he actually had anything to do
with buying the tickets or not.
"It is not necessary," said the
court, "to show any specific declara
tion of intention to carry them there
for immoral purposes. Debauchery, as
contemplated in the Mann act, in
cludes any steps taken by a man to
lure a woman from the paths of virtue.
"That man debauches a woman, who
(Continued on page 5.)
' precedents in support of the New York
'contingent's demand for Thaw's de
portation or surrender to tho iVow York
authorities, and adjournment followed.
Writ Reported Issued.
1 Montreal, Que., Sept. 5. It was re
ported here this afternoon that Judge
Gervais, of the king's bench court, has
issued a habeas corpus writ requiring
the immediate production before him
of Ham Thaw. It is stated that the
order was obtained by Attorneys La
Flamme and Grecnshiolds, two promi
nent Canadian lawyers, retained by the
New York fugitive. A special train is
waiting here in readiness to take the
two lawyers back to Coatlsook.
Judge Gervais later personally do
nlcd that he had issued a writ of ha
beas corpus, as reported. Nevertheless,
Governor West this morning com
muted the sentence of Robert Morgan
to imprisonment for life, giving as his
reasons the facts that tha mother of
said Robert Morgan, the governor of
Kentucky, and numerous citizens there
of, together with a large number of cit
izens this state have petitioned for ex
ecutive clemency, and the said Robert
Morgan was but 17 years of age when
the crime was committed.
GATES IS TIOHTWAD.
united rnr.ss leased wibb.1
Chicago, Sopt. 5. Charles Gates, son
of the late Wall stroet millionaire,
John W. Gates, spout five miiiutos horc
today, euroute to Minneapolis and did
not spend a cent. Gates escorted his
mothor to a taxicab, iu which she rode
to a Chicago hotel, but the millionaire
did. not tip the chauffour.
HURT IN AUTO CRASH
HirtDaugnteiriiV Scalp Wound and
Flayright Is Recovering From
Dislocated Shoulder.
UNITED PRESS UtAHED WIRE. I
Hartford, Conn., Sept. 5. George M.
Cohan, actor and playwright; his 18-year-old
daughter, Georgia; Wallace
Kddinger, leading man in Cohan's new
play, and Francis X. Hope, Cohan's
secrotary, were slightly injured when
their automobile, late y ester -lay,
crashed into a garbage wagon near
horo, according to announcement mado
today at the Hartford hospital.
Cohan's daughter, it waB said, es
caped with a scalp wound, nnd Cohan
sustained a dislocated shoulder. Ed
dingor escaped with a fow bruises.
A Demented Teacher Runt
Amuck in German Village
1 and Slaughters.
MURDERS HIS WIFE
AND CHILDREN FIRST
Sets Fire to Dwelling and
Shoots Down People at
They Run Out.
UNITED FBESS LEASED WISH.
Stuttgart, Germany, Sopt. 6. Thir
teen persona were killed and 11 others
injured, five probably fatally, when a
demented school teachor named Wag--ner
ran amuck today in the villages of
Degelocb. and Muhauson, near here.
Wagner first murdered his "sleeping
wife and four children at Degeloch.
Then he rushed to Mnlhausen, a short
distance away and fired a dozen dwell
ings, jeopardising the lives of score
of sleeping persons,- When the inmates
of the burning buildings rushed to the
street, Wagner opened fire with a re
volver. Eight woiuon were killed and
11 others injured bofore Wagner was
overpoworod, Two revolvers and 22
cartridges were found in bis pockets.
Wagner was almost beaten to death by
a mob bofore the police arrived.
NEWLANDS LINES TJP AND
TARIFF BILL WILL PASS
Attorney LaFlammo started for Coati- onited I'B.ss leased wise.
cook on his special train, carrying, it. Washington, Sept. S.-Exprosslng
was generally understood, a habeas i ni intention of casting the deciding
" ' ' i a. 1 M -a 11.. , 1. ! LM1
corpus writ. It is not known, if ho has T0 ,D IBTDr 01 'e. nn uin,
such a writ, by what judge It was is-1 8nto' Newlands, of Nevada, said to-
sucd.
It is roportcd that the writ of ha
beas corpus wns Issued here on the
ground that Thaw is an escaped luna
tic, not an immigrant, and, thcrofore,
does not come under the power of the
Domonion immigration authorities.
Idayi
"I have nevor contemplated making
a fight on the bill outsido the party
conferences."
It had been reported that Nowland's
vote, the crucial one, would be cast
against President Wilson's tariff
measure when the final test enmo.
Green Watchman Caused Life Loss
T Hartford railroad, It was said, played
4, tennis while the inquest was iu pro-
New Haven Wrecks In Two Years ' gross yestorday.
found
HEADS WAR VETERANS.
. tJIfltO WIKE.l
Buffalo, Sept. 5,-Joha Lewis Smith
w-hlnotoa waa electod touay c-
. . ..!.. ihtt Hiyanish War
aiaaier-ia-eiii" - -
Veterans in convention here.
Aug. 2S, l!Ul,Middlptown, conn.
00 injured.
4 Oct. 15, 1H11, Berlin Junction
Conn,, 2 billed, 5 injured.
4. .lune 11. I'M 2. Clinton. Mnss., 8
injureiL
,ulv 25, 1012, Htonington, June-
tion, Conn., 3 killed, 4 injured.
Aug. 8, 1012, Dorchester, Mass.,
5 killed, 10 injured.
Aug. 9, 1012, South Boston,
Muss., 7 killed, 40 injured.
Oct. 3, 1012, Wcstport, Conn., 9
killed, 50 injured.
Nov. 10, 1012, Greens Farms,
oun., 35 Injured.
4 Nov. 17, 1012, Putnam, v onn., 1
killed, 2 injured.
Feb. 22, HUM, Waterbury, ' onn.,
21 iujured.
June 12, 1013, Stamford, Conn.,
5 killed, 20 iujured.
Kept, 2, 1013, Wallingford,
Conn.. 21 killed, W injured.
united rarss leased wise.)
New Haven, Conn., Sopt. 5. Coroner
Mix resumed today his secret Inquest
Into the Wallingford wreck. Flagman
Murray, of the wrecked train, was still
without bail. President Howard El
liott, of the New York, New Havoa
August Miller, engineer of the
White Mountain Express, and Charles
Murray, flagman of the Bnr Harbor ex-
' press, the two trains Involved in the
fatal wreck Tuesday, were fonnully ar-
, rested by Coroner Mix late ycterilay,
charged with "crlminnlly causing the
death of Royal lliitchkiss," one of the
victims of the disaster.
Division Train Dispatcher Kolley tes
tified that five trains, crowded with
passengers, were packed on ten miles
of track, despite the fog. He said four
trains worn on the tracks between Wal
lingford and Airline Junction when the
first section of tho White Mountain ex
pros was sent on the same tracks. The
crash then followed, ho said. The com
pany depends upon signals, Kelley t'S
titled, to keep the trains separated.
Signals Antiquated.
Engineer Ilufus Wand of the Bur
nevor passed any examination. Ho had
passed au examination on rules as an
extra brakeman, but had never recoived
uny Instructions as a flagman.
Flagman to Blame.
Murrav said that when tho Mar Har
bor express stopped he went back, ad
ding: "I told them 1 weut back six
or seven telegraph poles, but I know
now that 1 didn't go that. far. I could
sen the rear of tho train from whoro I
stopped. I would have gone back 1
telegraph poles, as the rules require,
if I had not hoard repeated whistle
calling nie in. Then I heard No. 95
coining on. t had placed my torpedoes
and had tried to light a fusee. I tried
to tear the wrappings olf t.ie fusee
with my left hand as I held it and the
lantern In my hand, hoping to stop the
Miito Mountain express. Hi1' it went
l.y, and a few seconds later cum.' fit
cih. "
Knew Nothing of Rules.
In explaining the fact that he had
TENNIS HERO BACK.
ONITED fees lias ID WISE.
Snn Francisco, Sopt. 5. Maurice E.
McLoughlin, winner of the Davis eup
in England, as woll as of all American
tennis trophies, arrived on the over
land today from the scenes of his tri
umphs in tho east and abroad. A 1
throng of friends and of tennis enthu
siasts who know him only by reputa
tion greeted McLoughlin enthusiastic
ally as he stepped from the ferry. "It
has been a wonderful trip, he said,
"but It is good to be home again."
OF
TICKET FRAUD ALLEGED.
(UNITED FBESS LEASED WIRE. J
San Francisco, Sept. 8. That ticket
agents and brokers are selling trans
portation on palatial coast liners, and
furnishing lumber schooner accommo
dations was tho complaint mado to the
supervisors today by President C. P.
Doe, of tho Northern Pacific Steam
ship company. Doe wanted an ordi
nance like the 0110 in Los Angeles, to
prevent misrepresentation,
Harbor exprees testified that he could no wntih, he said the rules tor a flag-
not see the signals 200 feot away. lie ,iisn had never been explained to h:in
testified that an antiquated system of mut he did not know It was necessary
"lionjo" signals was u"d on the New to carry a timepiece.
Haven road, and that a committee of Conductor H. ('. Addams of the Bar
engineers more than a year ago pro- Harbor exprens was the next witness,
tested to the officials that the signals He admitted that he could not say, of
were unsate. The protest, he said, went his ir'O knowledge, whether Murray
unheeded. He said engineers frequent- went back to fag the White Mountaii
ly passed the signals in bad weather. express, explaining that he merely saw
Flagman Murray testified that he t figure in the fog as it was leaving
never qualified ts a flagman aad had, the rear of the train.
The Weather
UNITED FBESS LEASED WIEB.1
San Francisco, Sopt. 5. Postmaster
Arthur O. Fish of San Francisco ex
pressed entire sympathy with the aims
and accomplishments of tha National,
Association of Lettor Carriers, in an
address at the close of the nineteenth
bionnini convention of the organization
here today. He gave entire approval
0? tho oight hour day for letter carriers
and declared that it is entirely prac
tical and vlolatos none of the govern
ment's standards of economy,
National Prosldent W. F. Kelly, In a
closing address, voiced doop gratitude
for the warm welcome extouded by San
Francisco to the visitors and character
izod the convention just closed as the
most successful ever hold by the let
tor carrlors.
Ono of the most radical steps taken
by the carriers was in the adoption of
a provision submitted by the resolu
tions committee that hereafter mem
bers who are not in active sorvice may
bo denied a voice in tho deliberation
of the association If objection is made.
The motion was bitterly contosted be
fore It carried. In line with this policy
a resolution, was adopted specifying
that no supervising official of the post
otiice department may hocome an ac
tive member. Tho attitude of those
who supported the resolution wns that
the rank and file shall in the future
bo composed only of membors whose
daily work brings them Into sympathy
with tho objects of the organization.
W, C. Book, secretary of the Omaha
onveutioii conimittco, thanked the del
egates for tho honor conferred upon his
city, iu naming It for the 1015 conven
tion, and assured all who altendo a
hospitnhlo welcome.
(hi Put M
.(elS.T0TrS
Tho Dickey Bird
says: Oreun.gen
erally fair to
night and Satur
day; cooler to
night east por
tion, with light
frosts; winds be
coming easterly.
MOTHERS SEEK PENSIONS.
UNITID FSESS LEASED WISE.)
Sau Francisco, Sept. 5. Miss Mar
garet Nesfield, the city 'a Investigator,
today began oinmtuiug applicants for
mothers' pensions. Twenty mothers,
with their children, were waiting. A
regards citizenship and residence, 40
have qualified for pensions te date.
The doleful cricket
loog annual monody.
has begun hi