All the News that's Fit to Print
t
The Best I
I
THIRTY-SEVENTH YEAR.
Governor Offers Peace Terms
to Sheriff of Baker County
in Telegram.
WOULD PUT FRED
SNODGRASS ON JOB
Tells Sheriff of Baker County
Law Enforcement Is All
Now Desired.
Governor West this morulng extend
ed tho olive branch to Baker county of
ficials, but said branch was held in a
mailed fist. Ho wired Sheriff Band as
follows:
"Whenever you will assure this of
fice that you will co operate with us in
putting a stop to further violations of
the liquor laws in your county and clos
ing all houses of prostitution, we are
ready to withhold any further activities
on the part of the militia. As a pledge
of co-operation we ask that you appoint
F. H. Snodgrass as deputy sheriff for
CO days, without pay, to assist our of
fice in performing the above duty. An
early reply will be appreciated."
At the same time he wired Circuit
Judge Anderson, Sheriff Earn! and Dis
trict Attorney Godwin an follows, and
also sent the same wire to Colonel Law-
son, and telling him to govern himself
thereby.
"Section 3774 of our code provides
no person belonging to the military
forces of this state shall be arrested on
any civil process while going to, re
maining at or returning from any place
at which he may be required to attend
for military duty. Section 3S55 pro
vides members of the militia ordered
into actual service of tho state by any
proper authority shall nt be liable,
civilly or criminally, for any acts done
1y them while on duty. We are ad
vising Colonel Lawson to govern him
self accordingly."
The governor said he knew nothing
of any attempt to put Huntington un
der martial law, but (he whole matter
was In tho hands of Col, Lawson, who
is now In Huntington with his force.
Coppprf iold, Or., Jan. 6. Governor
West has made good his promise to the
people of Copperfiold.
Yesterday ' afternoon the town said
farewell to one of the most elaborate
follcctions of "boor.e" in the state.
Today the corporal's guard to Colonel
Lawson left in control did not even
have to watch the empty shells of what
bad been saloons.
Tn shipping out the liquor supply of
Copperfield by train late yesterday Col
onel Lawson got rid of a variod sssort
ment of gambling devices ss well. Al
though the boxes Slid barrel of Junior
were billed to Baker, It It believed hero
they will be shipped to Portland, the
liquor either sold or destroyed and the
pimbling machines burned,
Koinforcsmriits asked by Col. Law-
son Saturday when he expected Sheriff
Eand ml,,lit leave with a posse to carry
the court injunction, arrived vwterday
afternoon in the shape of 12 non-com
missioned officers of the Third infnn
try in command of Lieutenant Hoi man
of Portland.
Lieutenant Colonel Lawson left Cap
tain Metcalf, Special Agent John Ab
bott and seven guardsmen to watch ov
er Copperfield, while he returned to
Huntington with the remainder of t'.e
militia. Colonel Lawaon is eipertel
back here tomorrow with Attorney Col
lier, who will represent Oovernor West
HIS
NEARLY
ATM
ENTYFIVE
Turner Sings
His Swan Song
Doleful Ballad Moves Audience to
Much Mirth as Old Members Quit
Their Seats.
Councilman Turner sang the swan
song of the old council last night at
the close of its final meeting.
The ballad was much enjoyed and
was heartily applauded, even by those
who were joshed. The remarks and
song of the councilman follow:
Mr. Mavor: .
As the time has come for some of us
to vacate, I have the unpleasant office
of saying farewell as out the door we
jog along, in other words to sing thnt
old familiar ballad knowu throughout
the world as "The Swan Song."
For 'tis true Great Gid is gone,
Likewise also Honest John,
George has faded like the dawn
And Poor Old Jim just can't hang on,
Sure, Jones and Cummings will come
back
For their con was all the rage,
But Skaife and I still hold the sack
While the new oues turn a Page.
I. W. W. Eigdon will no more be seen
on strike,
Already he has graciously "pulled his
freight."
Ho was too big a traveler on the city's
lowly pike,
For the road to him was neither
smooth nor straight.
Now Brother Avison and Sister Lynch
Can rule the roost alone,
And secret agents now will pinch
The married men who stray from
home.
Yes, we know that you will miss us,
But there'll bo no vacant chair,
There'll bo plenty here to cuss us
While tho mayor heaves a prayer.
We know you're sorry to see us going
But don 't worry, never cry,
We'll be here at next election
Whether the town is wet or dry.
Lives of aldermen remind us
Wn can waste a lot of time,
As departing we leave behind us
Streets of mud and slime.
FIVE PERSONS PERISH IN
LODGING HOUSE FIRE
II
onitsp fauns lbiskd wiki.1
Newark, 0., Jan. 6. Five at least
perished, one was fatally injured and
five were loss seriously hurt in a fire
which destroyed Konrns hotel, a second
class lodging house here, early today.
Firemen wore still searching the ruins
for the bodies of othor possible victims,
oath or orncE does
NOT JIBE WITH HIS CLAIMS
The mandamus suit brought recently
by Corporation Commissioner Watsou
against State Treasurer Kay to compel
him to pay a warrant drawn in favor of
Attorney McColloch, which the treas
urer refused to ray, on the grounds
that the commissioner had no authority
to make the appointment, nor the at
torney to act, has taken a new turn,
owing to the fact that the attorney.
general has produced the oath of office
of McColloch, and signed by him. It
was the contention of Commissioner
Watson that McColloch was not hired
as an attorney, but as an assistant. The
oath reads ss follows:
"I do solemnly swear that I will sup
port the constitution of the Vnited
States, the constitution of the state of
Oregon, and the laws thereof, and that
I will faithfully discharge the duties
of attorney St law for, and In behalf of
the corporation department of the state
of Oregon according to the best of my
ability, so help me Ood."
in any legal matters. Such men as srj
in Copperfield will be retained prolmb!
until the establishment of a civil gov.
rnment sgiiv
AR
n in
Circuit Court of Appeals Re
fuses New Trials to 24
Others, However.
CONSPIRACY PROVED
DECLARES COURT
Principal Contention of Alleged
Dynamiters Overruled in
Decision. ,
tONITBD PBK8S LEAS BO WIBS.l .
Chicago, Jan, 0. The United States
circuit court of appeals today granted
the appeals of six of the union men
convicted at Indianapolis for illegally
transporting dynamite, for rotrials. It
denied retrials, however, to 24 others.
Eetrials were granted to Olaf Tvoit
moe, of Ssin Francisco; James Day, of
Peoria; Eichard Houlihan, Chicago
William McCain, Kansas City; Fred
Sherman, Indianapolis, and William
Bernhardt, Cincinnati.
The cases were heard by Judges Sea
man, Baker and Kohjsaat. Tho court's
opinion was read by Judge Seumau. '
Claims Overruled.
The court overruled all the challenges
in error alloged by tho defense attor
neys. On this ground retrials were de
died to 24 of the defendants. The claims
overruled were:
That tho lower court erred in consol
idating the indictments, and in overrul
ing a motion to vacate this order.
That the lower court erred in per
mitting Ortie McManigal and Clark,
both defendants, to testify for the gov
ernment. That the lower court erred in over
ruling a motion to compel tho govern
ment to elect whether to prosecute the
defendants under indictments alleging
conspiracy or under a charge of aiding
and abetting conspiracy.
Thnt the lower courts erred in its in
structions to the jury.
Conspiracy Proved.
The principal claim of the defense
(Continued on Page Five.)
CASES OF 6
UNION MEN
The Copperfield
and Constitutional
We have been asked to stnto on what
law Governor West based his action in
declaring Copperfield under martial law
and suspending the operation of the
civil laws there. Never having heard
the governor say we do not know, but
we print herewith the sections of the
state constitution applicable to tho sub
ject, and the readers can figuro it out
to suit themselves.
Section 22 of srticlo I of the consti
tution reads:
"The operation of the laws shall
never be suspended, except by the au
thority of the legislative assembly."
Section 8 of srticlo 5, which describes
the duties and powers of tho governor,
reads:
"Tho governor slmll be commander-in-chief
of the military and naval
forces of this state, and may call out
such forces to execute the laws, to sup
press insurrection, or to repel Inva
sion." Section ID says: ' He shall take care
that the laws be faithfully executed."
The are the only provisions in the
constitution, so far as we have been
able to leirn that sre applicable to the
matter. Now the question naturally
arises: "Does the setion of the gov
ernor st Copperfield smount to S sus
Everybody
tALEM. OEEQOK, TUESDAY, JANTJABY
PT TO DEAT
Governor Who
Seeks Second Term
Governor Johnson.
E
OF
Governor West this morning made
the following statement: "Samuel
White is Judge advocate-general and
member of the staff of tho governor,
his duty Is to advise me governor and
officers if the 'militia in regard to their
duties. We find that Judge White's ad
vice is being extended to those sympa
thizing with the law violators we are
attempting to reach. By relieving him
of the duties imposed upon him as a
I maniltnf nf ilia ffnvarnnp'i etnff ha will
undoubtedly feel more free to offer ad
vice to said parties, with less personal
embarrassment."
He is no longer judge advocate.
It's difficult for the average man to
live up to the opinion he has of him
self. The Weather
TURK' BATH
.ThoDiek-syDiid
says: Oregon, Un'.n
west ton'gJt i:id
Wednesday: ruin
or snow ast por
tion tonight or
Wednesday, winds
mostly southerly.
situation
pension of the laws?'' If it does, what
position does it leave the governor Int
On the governor's side of the proposi
tion three questions naturally arise.
They are: "Is tho declaring of mar
tial law & suspension of the operation
of the lawsl Is the calling out of the
militia in this case for the purpose of
executing the laws, quelling insurrec
tion, or repelling Invasion f Is his act
a necessary one, under the command of
the constitution that "he shall take
care that tho laws be faithfully exe
cuted!'' la addition to this there is a provi
sion that a memlxT of the state militia
ordered on dutv cannot be arretted
while; on such duty or while going to
or coming from the place where said
duty wns performed. This would settle
the stntus of the sheriff in trying to
arrest f'ol. I.awon or the militia.
'Concerning the powers of courts to
control the acts of he governor, it has
been pretty generally held that he is
above their jurisdiction. To permit the
courts to interfere would be to permit
one branch of the government to in
vade and supersede another. It is well
I settled that mamlomu will .not lie to
compel the irovernor to do any official
J act, iud equally well settled that he
Reads the
6, 19U
0
IS
CANDIDATE
FOR PLACE
Governor Will Again Seek to
Be Governor of Califor
nia, Announcement.
HENEY CANDIDATE
FOR U. S. SENATE
Flatly Denies That There Is
Friction Between Him and
Governor.
UNITED PIMBSS UDA&ED WIHI.
Sacramento, Cal., Jan. 6. Governor
Hiram W. Johnson announced today his
intention of becoming a candidate to
succeed himself as chief executive of
California. The governor sacrificed his
personal desire to be a candidate for a
seat in the United States senate, he said
because he believed the interests of the
Progressive party in California could
be best served by his runuing for gov
ernor again. '
Johnson stated that bo will not sac
rifice his independence in making bis
campaign for reelection, and will not
personally solicit a single vote, lie in
tends to make his campaign solely on
the past rocord of his administratio'i,
which even his enemies are admitting
has been oue of success and a fulfill
ment of the party ' promises to the peo
ple.
Up until this morning much specula
tion had surrounded tho political intou
Hons of tho govornor. Many had ur;.;-
ed him to become a candidate for the
Unitod States senate. Tho soveruor,
however, kept his own couffsol and un
til today when ho issued his official
statement even the most active Progres
sive workers were apparently in tho
dark as to what course ho intended tak
ing. Henoy for Senate.
San Francisco, Jan. 0. Flat an
nouncement of his candidacy as a Pro
gressive, to succeed United States Sena
tor George Perkins, of California, wns
inmlo here today by Francis J. Honey,
(Contiuued on piute R.)
Provisions
cannot be enjoined from doing any offi
cial act.
In the nee of tho ntuto of Michigan
against the governor it was said: "But
in this case it is argued with great
force and plausibility that the chief ex
ecutive of tho ktate may bo onjoinod
from doing an unlawful thing. The
Statute laying upon the govornor the
imrformiuice of duty necessarily confers
upon him the right of determining when
and how tluit duty, within tho law must
bo performed, nnd when he comes to do
the thing required, he must be allowed
to do it according to his own judgment
as to tho meaning of the law, ami on
hi own sense of official responsibility
under his outli,"
I Tho above, we think, states the posi
tion at Copperfield, so far as lis legal
aspects are coiu'crned. Thnt there will
be suits and more suits grow out of the
mutter is certain, but w lint their out
come will be we do not pretend to pre
dict, nor do we purpose to comment on
the situation. The governor is playing
his hand, knows what Is In the widow,
and seems to be confident that his po
sition is unassailable. That Is a matter
the courts will have to thresh out,
when the situation hns quieted snd the
atmosphere cleared.
N
Daily Capital Journal
mm
DDIC "HUA
iiv,b
TV
Engine Topples
Over in Stream
Engineer Is Injured and Fireman Com
pelled to Swim for His Life as -Result
of Flood.
ON1TID FHI8S LSISIO WIS!.
Montesano, Wash., Jan. 6. The en
gineer was Injured and the fireman
was compelled to swim for his life when
and Oregon & Washington passenger
engine was derailed about midnight and
toppled over into a swollen stream
when a portion of the new grade into
Montesano gave way. The engine broke
loose front the train it was drawing.
The ground had been softened by high
water.
When they felt the ground give way,
the engineer and fireman leaped for i
the cab window. The engineer succeed
ed in getting through and was injured
in the jump to the ground. The fire
man was taken under the water when
the engine toppled over. He groped
about and finally succeeded in escap
ing
Streams in this vicinity are swollen
by the torrential rains of the last few
days.
CHERRIAN BANQUET WILL
BE ELABORATE AFFAIR
Tonight, promptly at 8 o'clock, the
big Cherrian banquet will be on in full
swing. George Graves, the manager of
the notable affair, will return from
Portland some time this afternoon with
a troupo of young. lp Jits who are to fur
nish entertainment of the latest style.
The twentieth contury show, called the
cabaret will be staged In the spacious
dining hall at the Hotel Marion, and
the guosts will be seated in such a man
ner as to give thorn a complete view of
tho Improvised stage.
Up to a late hour this afternoon, thore
were an oven hundrod places taken,
and it is bolleved that about ten new
members will be enrolled this evoning.
CASE CONTINUED.
tiNintn rimsa mtni wins.,1
San Francisco, Jau. 6. Miss Leah
Alexander appeared before Superior
Judgo Dunne for trial today on tho
charge if killing J. D. Van Bnalen, a
newspapor man, in his office here.
to tho absence of Thomas Doziur, Aflfcs
Alexander's attorney, tho case was con
tinued until January 20 on tho motion
ol Maxwell MeNutt, assistant ousel.
I
Decision Against
Wiest in Supreme
Court of Oregon
The supreme court this morning hand-1 Other opinions .were handed down as
ed down twelve opinions besides deny- follows:
ing five petitions for rehearings. Ealn Clitf Fi9,,1,1K company vs. II.
, ., . ... . . . . McGowon, et al., appellants; appeal-
In tho ease of W. A. Wieet against . , ,. . . . L.
" ed from ( latsop; relating to fishing
School District No. 21, tho decision wasriBnl, at .j j8UluJ lu to9 CoUxaln
affirmed. In the opinion written by
Chief Justice McKrido, after stating
the case, which wns a libel suit brought
against tho district on the grounds that
the directors thereof had in investigat
ing certain charges made by Laura Do-
itord against plaintiff in his capacity as from Clnckiunas; suit for damagoS for
a teacher, sustained said charges and porsonal injuries, affirmed,
discharged Welst, all of which ho claim-1 Kdwnrd L. Fraley vs. W. M. Jono,
ed damaged him in the sum of )000. apillnnf, appealed from Multuoiunh;
held that tho district is not liable for Involving tho validity of a garnishment,
a tort committed by its directors, or the reversed ami dismissed,
clerk in entering the snmo on the miu- William Hall, et al., vs. 15. M. Croi
utes of tho board, "We do not be- nan, appellant, appealed from Marion;
Hove," said the justico, "It wa the ,ujt for damage to projwrty, rovers!
policy of the law to tuke a fund Intend- J, Hunter, appellant, vs. Clark ft
ed for the education of the young, and Henery Construction company, appeal
apply It to the imviiient of any of the ,d from Douglas; suit to oujoin tres-
lunlicious acts of Its officers,"
The other canes were Hinte of Oregon
ex rel. Geo. W. Shepherd, a row over
a navul office. It wns a motion to dis
miss the appeal, which the court over
rul'wl and then dismissed the appeal on
its own motion.
The state against Warner Vulloy
Stock coinny, affirmed.
Petitions for rehearings were denied
in Dire vs, Hamlon; Johnsoa vs. Jack
son county; Caro vs. Wollenborg; Knol
hoff vs. Mark, and Hartley vs. Dy.
The Largest
Circulation J
rPMTB ON TRAINS AND KOWH
""IJ, STANDS. FIVfl CBNT1
Of One Hundred on Craft Only
Twenty-Five Reach Shore
in Safety.
DASHED TO DEATH
ON ROCKS OF RAPIDS
Ferrying Themselves Across
Stream When Their Barge
Hits Big Boulder.
omitsd rassa ijisid wins. I
Winnipeg, Jan. 6. That 75 laborers
wsre drowned Saturday while trying to
cross tho Frasor " river, near " Fort
George, B, C, was reported to the im
migration department here today by
Angolo Fugllese, a railroad worker, just
arrived from the scene of the disaster.
The men wore ferrying ' themselves
across the stream on a barge, which
sank under thorn,
Thor wore a round 100 men on the
barge, of whom he was one, Pugliese
said. Their craft was unmanageable,
nnd finally struck a boulder, swamping
it. The swift current made swimming
nearly impossible, and the men were
dashed to death on the rocks and car
ried through the rapids. Of the 23
rescued, the majority were injured.
Puglioso's figures were only approxi
mate, since fow of the hodios had bwn
rocovcrod. The men were employed at
Grand Trunk Pacific construction work.
affirmed.
liuudol Drowning, 'appellant vs. Sml-ley-Lampert
LuinW company; appesUed
from Clatsop; action for damages for
Nirsoiinl Injuries, reversed.
Victor Wasiljeff vs. Hawley Pulp A
Paper company, appellant; appealed
pnss on rcl property, affirmed.
II. A. Hume vs. Seattle Dock Com
pany, apxllunt; appealed from Mult
nomah; suit to foreclose a material
man lien, affirmed,
',. T. Ilogunl, nppcllant vs. Thomas
N. Kennedy; appealed, from Marion;
suit for an accounting under a contract,
mollified,
Helen M. Goodove vs. Robert H.
Thompson, Jr., appellant; appealed from
Multnomah; bn-ach of promise suit, p).
titiou for rehearing denied.