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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.