All the News that's. Pitjto Print THIRTY-SEVENTH YEAR. Supreme. Court Holds He Has No Right to Employ Spe cial Attorney. ATTORNEY-GENERAL OR DISTRICT PLENTY If Other Advice Is Needed Corporation Department Must Pay Himself. The supreme court this morning liandod down 13 opinions which fits the day of the ni)nth. Among them is the case of V. L. Gibson, petitioner and plaintiff, against Thomas B, Kay, state treasurer. Tho opinion was writ ten by Justice Burnett, and covers all ipossiblo branches of the subject. It j forever settles the right of heads of An.xa.i.nala rt ...nU ananUl .nl uo'ai kuicuia lv VHtjtivj opoviai bUi ueys at the state's expense, and pre vents them doing so. Attorney Gen eral Crawford appoared for the de fense. The petition sets up that the cor poration department "required the ser vice of one skilled in corporate affairs, and well versed in the rules of the common law," in short a lawyer. That in accordance with this necessity the department had employed Claud Me Colloch, who was so skilled, at a sal ary of $125 per month. Duties of Attorney General. Tho defense set up that these dutios were incumbent upon the district at torneys and the attorney-general, and that the corporation department could not substitute an appointee of its own. It also sets up that the appointee, Me Colloch, was a state senator at the time of his appointment and is dis qualified under the constitution from holding the office, as no person can told two lucrative offices at the same time. And further answer is made that said McColloch was a member of tho legislature that passed the law creat- iug the office of Corporation Commis sioner, and was prohibited by the con stitution from holding the office on that account. The court Bays: Court Gets Such. Advice. ''So far as they concern litigation for the state, or in which the stato is interested, the duties for which tho plaintiff was appointod were germane to and might well be performed by cither the attorney general or the dis trict attorneys, and tho state having provided such officers chargod with such dutios, tho corpoiation commis sioner could not substitute an appcriiiteo of his own to perform these duties, (Continued on pug tour.) u A SAND III IS HIS CLAIM Searching for an Insane Man Who Beat Little Girl U nited press leased wins.) Pomona, Cal., Jan. 13. One searching party lctt early today and another at ! 10 o'clock for Lordsburg, in an effort to find Ben DeGrics, who, in a state of insanity, dragged his 13-year-old daugh ter all Sunday night, and when she re fused to go with him further, knocked j her down, kicked her about the face until she gathered her remaining strength, and, in the darkness of the night, with blood blinding her eyes, ran through the brush until she saw a light in the distance aud reached a- m ' cjj fer"X Ss'fc MMMMM OPINIONS OF VOTERS ON BOND ISSU Business Men and Others Tell What They Think of the $850,000 Plan. SENTIMENT FOUND DIVIDED ON IT Many Enthusiastically in Fa vor, While Others Want Some Details The Capital Journal today presents the views of several business men and farmers in regard to the proposed bond issue of $850,000 for good roads. An ef fort was made to get the views of ev eryone possible in a limited time. A number of persons did not want to be quoted. Tho following expressions were secured: Curtiss & Baldwin, grocers "Do not care if they bond for a million.'" Keeton It, Shafer,' merchants "We believe it is a good thing to do right now." Clifford Brown "Sure, Bond the county and get the good roads as soon as possible." Day Brothers', grocers "It would be a good move, we believe, although taxes would come up faster." Dr. O. B. Miles "Am now and al ways in favor of good roads but am unable to state at this time whether the bonding plan would expedite mat ters." Jim Wilson, realty dealer "The plan is a fine one and we should carry it out quickly." D. A. White "Am in favor of good roads but am opposed to the plan now on foot. I believe the sum asked for under the bonding system is too large." J. B. Bowman, farmer "Marion county had bettor look out. Too much debt already." Max Gehlhar, county clerk "Am in favor of good roads but am unable to stato my boliefs in regard to the bond ing matter just now." Richard Ryder, farmer "The propo sition would be a good one if we could get it pushod throught without mis takes." T. L. Tiller, farmer "Pretty good schome, but would rather know more about it before making any definite statements." Will Mitchell, fruit grower "I can't say that it is not a good plan, but thiuk it rather untimely just now." O. T. Mattis, farmer "Marion county needs roads surely, but it also must keep out of too big indebted (Continued on page tour.) sistance at the Bender home near Mon rovia. There is little expectation that De Oris will be alive when found, for he was in poor health and very weak when he loft his home at Lordsburg Saturday afternoon. De Ones was a minister until nine yean ago, when his wife died, and he lost his mind. After a few years in the asylum he regained bis reason, and had ben a kindly father to the mother less child. The girl's condition was critical today. DEAD AND Oil 21 OF AGREE TOLEAVE CITY Promise to Move on Comes Af ter City Agrees to Furnish Them Dinner. FOOL RESTAURANT MAN Four Eat Hearty Meal in Elite and Then Inform Owner That They Have No Money to Pay. The police today arrested 21 members of the Portland unemployed "army," and thoy will be held for a few days. Thirty-five of the band were given their dinner by the city in the basement of the jail this afternoon with the un derstanding that they leave town at once. The men, after partaking of their meals, left quietly for the south. For a time this morning trouble of a serious nature brewed. Ill-feeling arose from the fact that the business men of the city refused to recognize Mayor Steeves letter, in which they wore urged to donate to the men's breakfasts, and consequently the leader of tho crowd returned to the mayor's office and told him that the men were hungry, and if they couldn't be fed peaceably, they must be fed by other means. It was then that tho city agreed to feed 35 of the number, if they would consent to leave town, which they readily did One business man, declared the load' er, said that, while he supported the niayor in everything before, he would draw the line in supporting him in feeding a band of hoboes. Bel use to Fay for It. The firat real excitement occasioned by the appearance in the city of the unemployed occurred this ' morning, when four of the crowd entered the Elite Cafe, and, after ordering and eat Ing pork chops and pio, told the pro prietor of the place that they did not have any money, and did not intend paying for the meals in the first place. Mr. Black, the restaurant man, called the police, and the men were arrested Their names are Jamos Scribbs, James Phillips, George Anderson and R. D. Athny. When questioned by the offi cers, the prisoners declared that they were hungry, and were determined to eet Bomnthinz to cat, and bluffed the restaurant man into handing out tho grub. Particular Guests. Mr. Black Informed tho officers todny that all of the four men ordered pork chops, and the necessary B'nle dishes, and one of them, evidently not being full, ordered a piece of pio. The bill for the four dinners came to $1.20, The men had no excuse to offer when brought before Judge Elgin, other than saying they were hungry, and had to have something to cat. Tho court sen tenced each of tho men to ten days In jail. They receivod their sentences with a smile, and when placed back in jail porformcd a jig on tho floor and broke into cheerful song. When Been later, a member of tho hungry band Bnid that nn attempt will be made to secure the release of the (Continued on pane IS.) Millionaire l NITKD PIIESS LEASED WIHE.l Sun Francisco, Jan. 13. Richard 8. McCreerv, multi millionaire under sen tence to five days imprisonment for automobile speeding, did not find jail life as bad as bo expected, he said to day. True, McCrcery was still Lieutenant Tobin's guest in the ciy lockup, to which he was taken temporarily because all the empty cells In the county jail were flooded by yesterday's storm, and Tobin had gone out of bis way to make him comfortable. The county prison Everybody ULEM, OSSQON, TUESDAY, JANTJABY Late Njews Bulletins (UNITED PBS8S LEASED WIHS. New York, Jan. 13. Arthur McLean, of Newburgh, N. Y., treasurer of the Democratic state committee, pleaded guilty before State Supreme Court Jus tice Yernon here today to an indict ment charging him with receiving cam paign contributions from a corporation. New York, Jan. 13. The temperature continued to sink here this afternoon. It was not quite down to zero, but promised to reach there tonight. Platte burg reported 30 below zero and Bar anac Lake 42 below. At Middletown, James Mabie died of exposure. Calumet, Mich., Jan, 13. With the thermometer at 10 below, a 40-mile gale blowing and charitable organizations so swamped by appeals for aid that they were compelled to ignore thousands of cases, the striking copper miners in the Calumet district began to waver today. IS E UNITED PRESS LEASED WIDE. St. Johns, N. B., Jan. 13. The Royal Mail steamship Cobequid 'is ashore off Briar Island, according to wireless dis patches received here this afternoon. The vessel carries a number of pas sengors and a valuable cargo. Its posi tion was reported dangerous. IN PUGET SOUND BY lEf UNITED rilESS LEASED WIRE. J Bollingham, Wash., Jan. 13. Four thousand eastern lobsters have just been planted at Doer Harbor and Fri day Harbor, in the San Juan islands, by the United States government, in an ef fort to learn if the shell fish will in habit and thrive in the waters of Pugct Sound. Tho lobsters wero shipped across tho country in a refrigerator car from Booth Bay Harbor, Maine. All were full grown and from six to eight years of ago. Their weight varies from one and one-half to two pounds, and they comprise about equul numbers of males and females. The Weather Tho Dickey Bird says: Oregon, Oc casional rnin west, unsettled, prob ably ruin or snow enst portion to night and Wed nesday southerly wiihls. Finds Jail rnmEE to be) I IN MEXICO ftp- Not as Bad as Be Expected might not be so pleasant, he admitted. lie hoped for tlic best, however. "I slept like a log last night," hi snid, glancing at the atendunt who was rolling up the three mattresses Bud clean comfortable bed linen on which ho had slumbered In Tobin's private office. "Of course, a cell might have bei'n different." "Hut don't you feel humiliated?" sons one asked. "No. Why should If" was the re sponse. "I've (Wme nothing criminal. I've injured nobody. Still, I'm glad Reads the 13, 1911. PREJUDICE AGAINST IS One Juryman Permanently in Box When Court Resumes at Marysville. CALL ANOTHER VENIRE Indicates Defense Will Blame Dea4 Of ficers for Attempting to Break Up ' Peaceful Meeting. united press leased wina.l Marysville, Cal.,' Jan. 13. "Preju dice! If we can face a fair minded jury in this county -we will be going some." That was the gloomy prediction to day of Bichard (Blackio) Ford, who, with Herman D. Suhr, William Beck and Harry Bagan, is being jointly tried before Superior Judgo E. P. McDaniol horo'on a charge of murdering District Attorney E. T. Manwell, of Yuba coun ty in the August hop field riots at Wheatland. With but ono juryman A. F. Folsom a famior permanently in tho box, and ono other temporarily passed, out of nearly fifty examinod, when the court opened today, the four indicted men have been given an unnerving demon stration as to how widespread is the bias against them. Ford Still' Cheerful. Despite that, however, Ford, who was spokesman of tho hop pickers in thoir demands for better working conditions, wore an air of cheorfulnees and oc casionally oven smiled. Ho was eagerly awaiting tho arrival of his wife and two children from Oakland. "Whon they como," ho said, "I will bo in bettor spirits. 1 will have the staunch support from my little girl, Juanita, who like her dad, is a rebel against tho existing order of things. She is only six, but upsets tho govorn mont of tho home two or throe times a flay somo times just by way of proc tico, it seems to me, against futuro calls upon hor by those who will thon.bo her follow toilers." A new list of 100 drawn voniromen from tho regular panel and a spocial venire of 25 was being summoned today It having become apparent late yoster day that tho first venire of 80 would be exhausted boforo a jury could be selected. Defonse Indicated. In their questioning of prospective jurors, Atornnys It. M, Hoyce and Aus tin Lewis, for tho dofense, indicated that the dofetiso would rest largoly on tho contention thiit tho actions of the sheriff's party in attempting to break . ..i i t.i. up a 'peaecuuio meeting oi nop pick ers was responsible for the riot. The arrival late yesterday of Dr. Carlton H. Parker, secretary of the stato immigra tion commission, who is hero with four assistants as representative of the fed eral commission on Industrial relations, as well, to probe every clrniiiustonco underlying the riot and related econom ic phases, ratlin as a surprise. The com mission immediately began an Investi gation of charges mado by tho Inter national Workers Defense League (Continued on pnge four). Life is mv wife is ft.OOO miles away. She might not understand." Mrs. McCrcery Is in England. The only sign the prisoner showed of nervousness was bis continual smoking There was a litter of cigar and cigar ette stubs all about him. t'nless the superior court camo to his rescue he was aware that, some time before night fall, he would hare to bo turned over by tho city to tho county authorities, "I wonder if I'll have to ride In the prison van or if they will let me take ja taxlrab," he meditated. ARE Daily Capital Journal BOTrr Twn iKltt IWU IllKTMWFIl) UPT0G0000 Disaster Follows Severe Earthq uake Shocks in District and Sakrajima Volcano Is Still in Violent EruptionKagothi ma, Capital of Satsuma Prov ince, With Population of 64, 000, DestroyedLava Pours in Terrible Streams Through Streets Many Caught in Burning ForestsSome Terrible Scenes. united press leased wire. Tokio, Jan. 13. That as high as 50,000 or 60,000 people may havo per ished In an eruption, still in progress, of Sakurajima volcano in Southern Japan, was stated on official authority hore today. This, it was admitted, was only a rough guess, communication with tho stricken district being cut off. Wire less message were received1 from a warship sent to aid the disaster victims but it had not boon able to approach close to the scene of the catastrophe, and like the officials hero, could furn ish little accurate Information. Big City Destroyed. Sakurajima is situated on tho Island of Sakura, in the Gulf of Kagoshima, three miles from tho larger island of Kiushius. Opiosito It until its des truction by tho volcano was the im portant city of Kagoshima, capital of Satsuma province. The town had a population, all told of about 00,000, tor for tho manufacture of Satsuma pottory. On Sakura were two villages with a I population, al hold, of about 00,000. jBoth village, like Kagoshima, wero understood here to havo boon complete ly dostroyed. Beginning Saturday there occurred at Kagoshima and on Sakura a scries of heavy earthquake shocks, number ing, up to today, more than 150. Ac customed as thoy are to earth shocks, many of the inhabitants of Sakura be came alarmed and crossed the three miles of Intervening sea to the mnln island. About 10,000 romnincd how ever. According to some accounts, all of theso perished. Other versions had it that about half died. Volcano Bursts Out. In themselves tho eartqunkes did no grout damage. They wero tho forerun ners, however, of a violent outburst by Hakurojima. Sunday night tho volcano broke out suddenly and with terrific violence. Whito hot lava poured from Its Finds Sentiment for Good Roads Plan Over County After a thorough canvas of tho towns n the northern part of tho county, tho management of the local Commercial club is moro optimistic than over, over tho prospects for comity wide good romls. Italph Moores yesterday visited Au rora, Hubbard, Wooilbi'rn anl tlervais ill the interest of the promised county bonding issue and found those towns would be solid In suport of the county bonding bill. Tho newspapers In these cities aro making arrangements to pub lish whatever bears on the scheme and will do all possible to make sentiment through their editorial columns. Petition blanks are now being dis tributed. These will be placed In the rcure on trains and Nhws l.C.ftld. STANDS, FIVB CBNT8. crator in such streams thht, according to tho latest information received from Kagoshima, it bridged the strait botween Sakura and Kiushiu Islands and flowed through the streets of the town itself. It burled stones Into the air which were found later as much as 20 miles away. Ashes fell thltUjf upon Nagas aki, 90 miles distant. At night its giare lighter the sky for 200 miles. The dotonations could be heard far at sea. Tag exodus iroin Kagoshima began early. Flight was difficult, howevor. For eight miles out from the town the railroad was blocked by the hail storm of rocks which the volcano had thrown into tho sky., Entire trainloads of refugees found thomselves stalled and climbing from tho coaches, continued their flight on foot. Burned to Death. Many who sought to escapo the lava streams thus wero trapped in burning forests, sot alight by the volcano, and burnod to death. Early news of tho eruption was received by telegraph by a government operator who, in the face of cortaln death, stuck at his post as long as he was ablo to send. His lust message, which broko off abruptly, supposedly with his death, declared him the only human being left alive in the town. It was burning at the time, Millions of Dollars Loss. Callao, Peru, Jan. 13. Property dam ago by the earthqttako and tidal wave hero nt 1:45 a. m. yesterday provod, oa Investigation today, to bo heavier than was supposed at first. Not only wore enormous quantities of goods destroyed by water, but botween the quako and tho water, many buildings were shaken or undermined so badly that they will havo to bo practically rebuilt. The to tal loss will be several millions. It could not bo learned that any livos wero lost. hituils of representative men throughout tho county and an attempt will bo made to secure tho names of only substantial taxpayers. No hired circulators are employed as the class of names they secure are not wanted. The work of initiating tho election Is being rushed as unless Immediate action is obtained In the matter this county will have no presentable thoroughfares for the IDlfl visitors. The committee of One Hundred In charge of the campaign urges that those favorablo register as sooq as pos sible so that they may bo eligible to sign the petitions and to vote at tho election which li planned for the middle of March.