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.