lM,-A -.-Oregon JWtttttf ptm PQ TOL. XL. NO. 12,521. PORTLAND, OREGON, TUESDAY, JANUARY 29, 1901. PRICE FIVE CENTS. AWuA T Apy Size Any Quantity Any Style MACKINTOSHES, RUBBER AND OIL-CLOTHING Rubber Boots and Shoes, BeUlnQ. Packing and Hose. largest and most complete assortment o f all kinds of Rubber Goods. Goodyear Rubber Company R. H. PEASE, President. F. M, SHEPARD. JR.. Treasurer. J. A- H.PARD. Secretary. 73-75 E1RST ST. PORTLAND, OR. BETTER THAN EVER, Beau Brummefl BEST 5-CENT CIGAR BLUMAUER-FRANK DRUG CO. PORTLAND, OR. 144-146 Fourth Street Shaw's Pure Malt The Condensed Strength and Nutriment of Barley and Rye TO STOP THE FIGHT Cincinnati May Not Have the Jeffries-Ruhlin Match. ACTION TAKEN BY GOV. NASH He Direct the State Attorney-General to Begin Injunction Proceed ings In a Hamilton County Court Sale of Seats Opens. Blumauer & Hoch, and 110 Fourth Street Sole Distributers for Oregon HOTEL PERKINS FtfjrT and Washington Sts. . . . PORTLAND, OREGON EUROPEAN PLAN - Booms Single 75c to $1.50 per day First-Class Checlc Restaurant Rooms Double... 51.00 to $2.00 per day . Connected With Hotel. . Rooms Family $1.50 to $3.00 per day J..F. DA VIES, Pres. C T. BELCHER, Sec. and Treai. St. Charles Hote CO. (INCORPORATED). FRONT AND MORRISON STREETS PORTLAND, OREGON COLUMBUS, O., Jan. 28. Action was taken by Governor Nash today to prevent the Jeffries-Ruhlin fight at Cincinnati, February 15. The Governor has been op posed to the fight being held in the state, and today he sent the following letter to Attorney-General Sheets: "It has come to my knowledge that certain persons in Cincinnati are to con duct an enterprise In that city on Feb ruary 15 next, which has all the ear marks of being a prize fight. Such an event would be a disgrace to the State of Ohio, as well as a violation of law, and I hereby authorize and request you to take such steps and commence such action at law, civil or criminal, as may be necessary to prevent this occurrence, and in so doing to use the name of the state. "Very respectfully yours, "GEORGE K. NASH." This action was taken by the Governor In response to the solicitation of a num ber of leading attorneys of CirifclnnatL The suit will be filed in the Common Pleas Court of Hamilton County tomor row morning. The petition, which is a voluminous document, was completed late this afternoon. The Saengerfest Athletic Association, the principals in the fight and their managers, and the Cincinnati Zoo logical. Company, which owns the ground on which Saengerfest Hall, where It is proposed to have the fight, Is situated, will be made defendants. The petition will recite that the proposed boxing con test is a "public nuisance and against the peace and dignity of the state.' Among the allegations ibat will be made in support of this claim Is that the event will attract a large number of "toughs" to Cincinnati. Attorney Sheets is confi dent that the injunction will be allowed, but in the event it is not, an appeal will be Immediately taken to higher courts. r Instituted among mine .employes may "be come members of the United MineworKers without paying initiation- fees. The recom mendation for a woman's auxiliary was approved. ' NO DEAL; SAYS CtARK.- Mormon Church's Support ot Senator Kearns Was Not Purchased. BUTTE, Mont, Jan. 28. United States Senator W. A. Clark today denied em phatically the existence of the alleged deal by which it was charged that he and R. C. Kerenshad secured the support of the Mormon church for Senator Thomas Kearns, of Utah, in return for the pur chase from the church of the Saltalr beach property and the road leading to it by the projectors of the new road be tween Salt Lake and Los Angeles. "I positively deny there was any such J bargain. There never were any negotia tions between myself or the new road and the Mormon church, or any one else, re garding the election of 'Kearns or anybody else to the Senate; nor were there any negotiations between myself or the road and the church for the purchase of the Saltalr property and Its line of road' fcor has there ben any purchase," ASLEEP AT HIS POST Engineer's Carelessness the Cause of Bad Train Wreck. FIVE PERSONS WERE KILLED The Kearns Gave a. Reception. SALT LAKE, Jan. 2S. Senator-elect Thomas Kearns wilMeave for "Washington tomorrow to take his seat In the .United States Senate. Tonight Senator and Mrs. Kearns gave a reception at the Knuts ford Hotel in honor of the members and officers of the Legislature, lo which the general public was invited. The host and hostess were assisted in receiving their guests by Governor "Wells and staff. The hotel was crowded from 9 o'clock until mldnigiit. Music, decorations and other appointments were on a magnificent scale. Refreshments were served during the evening. Altogether it was one of the most brilliant social events that ever oc curred in this city. American and European Plan. American plan ........$1.25. $1.50. S1.75 European plan 60c, 76c. $1.00 FINE JURJQARMENTS G'.",P RUMMEUN &.50NS " MANUFACTURING URRIgRS . 12fe Secqnld StV,;fear., Washington Alaska Sealskins Our Specialty. Russian blouses and Eton jackets with bishop or bell sleeves and shawl collar, In broad tal), Persian lamb and Mole 4 Attrachan trimmed with sable, chinchilla, ermine, mink and marten Newest stylo In capes, collarettes, animal scarfs, four-in-hand scarfs, boas, muffs, ' e$t- Highest "cash price paid for raw furs. NOW IS YOUR .CHANCE Td secure a lelecipn of many' fine framed pictures at EXACTLY HALF PRICE. t)on't delay, as this 50 per cent discount sale ends Saturday night. We also Offer frames and mouldings at 10 per cent and 25 per cent discount. Make your homes attractive while the op portunity presents itself. SANBORN, VA1L ft CO. 170 FIRST STREET Bet. Morrison nnd Yamhill. If Ypu Want Pleasure, Here It ls.- Thonu5fcit spends years of "practice to attain the manual dexterity that the Pianola 1as at the start. If you have a Pianola, you avoid the drudgery and all the rest is pleasure; for shading" the music governing the, expression is pleasure akne. M. B. WELLS, Nprthwcjt Agent for ihc Aeolian Company ' AeoHan Hall, 353-355 Washington Street cor. Park, Portland. Or. We are Sole Agents for the Pianola; also for the Steinway. tto Chase and the Emerson Pianos. ' SNOW STORM. IN MARYLAND Passenger Train Stalled Kenr Fred- erlck. FREDERICK. Md., Jan. 2S. The Fred crick, Maryland & Philadelphia train, leaving here at G o'clock this evening over the Pennsylvania, Railroad, encountered a snow drif t at Sharrett's cut, 20 miles north, wher it became completely snow bound and -remained so 'until 10- o'clock tonight, when the fpUr coaches, with their passengersy wore extricated from their position. J The engineer attempted to plow his way through trie "drift, but before he got far he found the-jtraclv:ompietely choked up and the rear ippidly filling with drlf ting snow. W lthlnn$rt, n hour the snow was over s en I ee"t deep, -and the passengers w ere greatl$ ..alarmed, as they could see noth THE CASTELLANE SUIT. the Temporary Injunction Against Goulds Continued. NEW TORK, Jan. 28. Justice Beach In the Supreme Court today handed down a decision continuing the temporary In junction restraining George J. Gould. Ed win Gould, Howard Gould and Helen Gould, as trustees of the estate of their father, from paying over the Income of the portion of the estate belonging to their sister. Anna Gould, Countess de Cas tellane, pending the trial of an action brought by Asher "Werthelmer, a London bric-a-brac dealer, against the Count and Countess de Castellane for $318,000 for paintings and bric-a-brac furnished them. Judge Beach permits the payment of J200l000 a year o the Countess for the pupport of herself "and children pending the trial of the action. Judge Beach, in his decision, said the ob . k.. .a,.,. ov,.,-., t cnn. o-t 1 Jectlon of trustees to the court's Jurlsdic- down from the mountains encircling the tlo,!Lwa not wcl1 taon. nd. concluded: train Relief was sent from Frederick. :" fifth clause of the first co and, after hazardous work, the train was dJn ot the wM ot Jay Gould pro bTught back to Brucevllle. All the vldes - - be income from the freight and south-bound traius from Phil- I trust fud shall not - be liable In adelriiia over the Frederick division of j the hands of tthe, executors ,and trustees the Pennsylvania system were shopped at j Trarieytown on account of the storm. JUDGE CAPLES COMING HOME Resigned Ilia Position as Consul at ! "Valparaiso. VALPARAISO. Chile,- via Galveston, Jan. 2Sj-The United States Consul 'at Val paraiso, J. F. Caples. of Portland. Or., has resigned. The United States Minis ter. Henry L. Wilson, of Spokane, Wash., Is colnc to the United States on leave of absence. Messrs. Caples and Wilson will 1 both sail on the next steamer from Val paraiso. (Judge Capfts 'was' appointed In March, 1897, and will soon have served four years. A letter was received from him recently by relatives here, stating that he ex pected trach "Portland in May; that four yean of life In a foreign country wa enough for; him, and that "he pre ferred lo, spenll his declining years at orae lo Webfoot land.) for any debt or liability of the beneficiary (the Countess de Castellane). This decla ration has no protecUve power in this state, although in some others it has been effective. The real ground upon which such estates have been declared alienable and liable for debts is thdt inalienable rights of property arc opposed to the fundamental principles of the common law. and that It is against safety that a man should have an estate to live on, but not an estate to pay debts with that he should have the benefits of weath without the responsibility. Unless the injunction ( and acUon are upheld, the plainUff arid his assignor ( erthelmsr) are despoiled of their property, with nothing left hut the broken promises and the commercial dis honor of their iiebtors." , r Lotta Crabtree Seriously 111. NEW TORK. Jan. 28. The Journal and Advertiser tomorrow will sayv Miss Lotta Crabtree, the actress, is se riously ill at the Hotel Navarre, this city. Herillness is due to ptomaine poisoning; caused by something she ate last Saturday. DEPENDS ON THE JUDGE. L,oonl Opinion at Cincinnati Is That the Fight "Will Be Pulled Off. CINCINNATI, Jan. 28. The attorneys who were in consultation with Governor Nash and Attorney-General Sheets at the state capital today, in reference to the proposed Jeffries-Ruhlin fight In this city. returned to Cincinnati tonight, late to flletne petition for an One of the local Judges recently Instruct ed the grand jury to bring Indictments against the members of the Saengerfest Athletic Association, and the promoters of the fight feel that they would be enjoined at once If the injunction was asked for in his court. The dispositions of the dif ferent Judges have been much commented upon today, and it Is thought by some that there are one or two Judges who approve of instructions to the grand jury, though it is said that most of the Judges here did not approve of that action. At any rate, according to the street talk to night, much depends upon the Judge be fore whom the petition for an Injunction is heard. As the attorneys who presented the petition represent the ministers and all others opposing the prize fight, it Is generally conceded that they will go into the court In which they think they have the best chance to secure an injunction. While the drift of local opinion is that the fight will be pulled off here February 15, yet the proceedings In Columbus to day throw another obstacle in the way of the promoters. It is believed that the athletic association will reply to the peti tion promptly, without claiming time for preparation, so that all doubt will be re moved as soon as possible. It is thought that the present legal proceedings will be over within two or three days. The sale of seats for the contest opened early this morning, and passed all ex pectations. Over $S000 worth or seats were disposed of within the first hour. Man ager Cook stated tonight that the sales for the day were about $20,000. There were several applicants for $5 seats, but no general admission tickets will be sold until the day of the contest. No seats have been reserved on orders, nor will there be until the local demand has been satisfied. Manager Cook has received or ders for tickets from every state in the Union, and he stated tonight that there would be over $100,000 In the hall the "night of the fight. Both fighters took things quietly today. Ruhlln took the road for about 1ft miles this morning, and in the afternoon exer cised Indoors. Jeffries, while playing handball yesterday, wrenched his knee. The Injury, though not serious, will com pel the champion to stop his road work several days. He put In the day at his quarters, punching the bag and using the wrist machine. Late tonight both Jeffrlea and Ruhlln were arrested on a warrant sworn out by several persons Interested in the coming fight, who acted at the Instigation of the Saengerfest Athletic Association, charging them with being In training for a prize fight, which is a violation of the law in this state. The two fighters were taken before Squire Roebllng, who released both on bonds furnished hy one James Wilder. A test case is to be made of their arrest. -Koeoung is a magistrate in Delphi township, with an Office not far from Jeffries' training quarters. It is not known tonight what acUon, if any. the opposition to. the fight will take tomorrow. The bonds were fixed at $10y) each and the men were ordered to appear for trial Thurs day morning. The Three Deadlocks. HELENA, Mont., Jan. 28. There was no material change in today's ballot for Sen ator. The vote was: Mantle . 29 Frank 5 22 Cooper , 10 MacGinnlss ...... .. 9 Conrad .t..., 5 Hoffman 5 Plnnnv " 1 Toole 1 1 LINCOLN, Neb., Jan.' 28. The vote on United States Senator today was: v Allen, fusion ) 45 W. H. Thompson, fusion?. 33 Hitchcock, fusion 13 Crounso 5 Currie lb Hinshaw A 12 Melklejohn , 25 Martin r 6 Rosewater 17 D. E. Thompson 35 Scattering .... ,.15 DOVER, Del.. Jan, 28, Today's vote for United States Senator py the Legislature in joint session showed no material change from the preceding ballots. Mistook 4he First Section of a Pass ing Train lor the Second Firc mnn nnd Forward Bralceman Were Also Sleeping on Siding. PARKERSBURG, W. Va., Jan. 28. Five persons were killed and ono se verely Injured and two engines and 10 loaded car3 were wrecked by the mis take of a train crew this afternoon be- Grand Jury in Indicting 139 negroes of Rockport for selling their votes last election day. The clUzens have been actively at work for the past month arranging the preliminary evidence to the Grand Jury. It is said an attempt will be made to have the blacks who were indicted arraigned in court at one time, and If Is the desire that they be sent to state prison at the same time. Other towns in Indiana along the river are taking steps to drive the worst ele ment of negroes away. In some towns, no negro is permitted to live. Vigilance committees have been appointed at Grand View, Enterprise, Tell City and Leaven worth. Since the recent trouble at New burg many of the colored people have left that town. POLLUTION OF WATER SUPPLY Supreme Court Decides Against Chi cago Drainage Canal. WASHINGTON, Jan. 28. The United States Supreme Court today rendered an opinion in the case of the Chicago drain age canal, overruling the demurrers filed In the case by the State of Illinois and the Sanitary District Board. The pro ceeding was brought by the State of Missouri against the State of Illinois and the sanitary board, the end sought being RIGHT OF WAY SUIT Means New Railroad From Portland to Seattle. INVOLVES OLD U. P. GRADE Primary Election Bill In Wisconsin. MADISON, Wis., Ja,nrv28. A primary The bill meets trie views of the Governor; and Is believed to be the most complete primary election measure ever drafted In rthat have been made to the provisions,! the- Minnesota" law have been eliminated in the bill. Admiral Rodgers' Flagship. WASHINGTON, Jan. 2S.-Orders have been given to put the cruiser New York In commission at the New York navy yard the 17th prox. This vessel' Ib un dergoing extensive repairs preparatory to her departure for the Asiatic station, which will be her cruising ground for the next two years. She has been selected as the flagship of Rear-Admiral Rodgers, who Is to have command of one of the two divisions of the Asiatic fleet. THE UNITED MINEWORKERS "Wage Scale Demands nn Advance of IB Cents Per Ton. INDIANAPOLIS, Jan. 2S. Before the adoption of- the wage scale submitted at the convention of the United Mlneworkers of America today, a clause was added de manding that the price for mining coal In the block district of Indiana shall be ad-vanc.ed-15 cents per ton. At the afternoon session a motion was adopted that hoIsUng engineers, firemen, blacksmiths and any other class of mine workers who arc now members of any of the brotherhoods or unions composed of mine employes, be admitted to the Unit ed Mlneworkers of America upon presen tation of transfer cards from the union to which they formerly belonged. This offer IS to remain open until May 1 of this year, and means that men who have here tofore been members of any of the unions SUMMARY OF IMPORTANT NEWS. Congress. Towne spoke In the Senate on the Philippine question, and then gave up his seat to Clapp. Page 2. The Senate made little progress with the In dian bill. Pago 2. The postal revision bill passed the House. Page 2. , Philippines. Volunteers -who enlisted In the Northwest may be mustered out at Vancouver. Page 3. Funston Is clearing the rebels out of his dis trict. Page 3 Tho Taft Commission has nearly completed the criminal and civil code. Page 3. Foreign. Tho route of the Queen's funeral procession through London has been arranged. Page '3. The Crown Prince of Germany was decorated with the Order of the Garter at Osborne House. Page 3. Envoys at Pekln reach an agreement on the question of punishment. Page 2. Judge Caples has resigned his position as Con sul at Valparaiso, and will return home. Page 1. Domestic. Governor Nash takes steps to prevent the Jeffries-Ruhlin fleht. Page 1. A bad train wreck on the Baltimore & Ohio was caused by tho engineer going to sleep. Pago 1. Mrs. Nation devoted the day to gluing advice to Kansas officials. Page 3. The arrest of Chief Harjo U- expected to end the Creek uprising. Page 10. Northvcst Legislatures. There Is no change in the -vote for United States Senator from Oregon. Page 4. The anti-caucus forces are losing ground, and a break soon Is probable. Page 4. The Oregon Senate voted down the bill for a new state constitution. Page 4. The House passed the Portland special tax act for a second time, but the measure- was held up In the Senate. Page 4. Tocoma begins Its fight In earnest for removal of capital from Olympia. Page 4. Washington Senate passed resolution to investi gate, conduct Of state, officers for past four years. Page 6. A bill for election of United States Senator by direct .ote was Introduced in Washing ton Senate. Page C, Pacific- Coast. The Dallas, Or., woolen mills will resume oper ations. Page 4. ' An Intoxicated man at Colfax attacked an other vlth on ax and seriously wounded him. Page 4. The Cable Cove mining district in Eastern Ore gon has taken on a new lease of life. Page 5. A Forest Grove flouring mill will be moved to Portland. Page 4. The Oregon Supreme Court decides that Mult nomah County bicycle ; tax .jls Illegal, Page 5. 7 Portland and Vicinity. With additional 2-mIll tax, the city will be short 532,000. Page-12. A. L. Craig, of "St. Paul,3ucceeds W. H. Hurlburt as general passenger agent of the O. R. & N. Page 8. Line of automobiles to be established between Portland and the Sandy. Pag 7, Indian War Veterans" committee leaves for Washington tonight. Page 12. Thomas Burton, East Side carpenter, fatally Injured by & fall. Paga 10. DEATH OF MAJOR McNEILL. NEW YORK, Jan. 28. Major Edwin MoNelll, formerly receiver and then president and manager of tbe O. R, & N. Co. at Portland, died here this morning at 5 o'clock. His broth-' er, George S. McNeill, was with him. The Interment wilt be at Litchfield, Coon., Wednes day " Edwin McNeill was born-December 1, J850, at Macon, Go. He was educated at the West Point Military Academy, and entered the railway service at the age of 24, making that his career.'" Before coming West,ln 1830, hfe held numerous responsible positions with Eastern railroads. From 1880 to 1S8C he was assistant superintendent and superintendent of the Shopaug Railroad, now included In the New York, New Haven & Hartford. In 1885 he ac ceptea the position of general superintendent of the Hartford & Connecticut Western Rail road, which he held for three years, then accepting the presidency of the Shepaug, Litchfield & Northern Railroad. From December 1, 1888, to August 17, 1890, he was stationed at St. Jo seph, Mo , as general manager of the St. Joseph & Grand Island Railroad. He came West in 1800 as general manager of the Pacific djvislon of the Union Pacific system, taking up his residence at Portland. From January, 1891, to June, 1802, he was general superintend ent of the Pacific dtUslon of the Union Pacific, after which he became connected with the owa Central Railway as assistant to the president. From March, 1893. to July, 1804, he filled the position of general manager of that'rtiad, then returning to Portland as receiver of the O. R. &'N. Co.- August 18, 180C, the receivership was terminated, and Major McNeill become president and'geheral manager for a year. Then he retired from the railroad busi ness, and since that time has busied himself with his mining Investments, chiefly on Trin ity River, In Northern California. He visited Portland last May. Ho was one of the most popular railroad men ever stationed In the Northwest. Condemnation Proceedings Begun in Clark and CowIItx Counties by the Washington & Oregon Rail way Company Hearing Soon. VANCOUVER, Wash.. Jan. 23. A peti tion was filed In the Superior Court of Clark County today by the Washington & Oregon Railway Company asking that condemnation proceedings be Instituted for the acquisition of right of way for a railroad from Portland to Seattle. Tho petition was signed by Edmund Rice, sec retary, and E. H. Gule, attorney for tho Washington & Oregon Railway Company. The land sought to be condemned Is tho present route and right of way of the Portland & Puget Sound Railroad Com pany. The description of the land covers 13 closely typewritten pages. The petition states that the petitioner is about to eu gage in the construction of a railroad ex tension northward from thjClty of Port land, crossing the Columbia River at Van couver, Wash., and passing thence north erly to Seattle, following in Clark County the route formerly surveyed by the Port land & Puget Sound Railroad Company, beginning on the north bank of the Co lumbia River at Vancouver and ending on the south shore of Lewis River, the boundary between Clark und Cowlitz Counties. The respondents nnmeu in me petition are the Portland & Puget Sound Railroad Company, the Title Guarantee & Trust Company, George W. Lindsley and wife, J. T. Garretson and the Balfour-Guthrie Investment Company. Similar proceedings were also com menced 'n Cowlitz County today. Judge Miller, of the Superior Court, set Febru ary 14 as the date of hearing in Clark County, and February 15 in Cowlitz Coun ty. The company has just completed tha survey of the right of way sought to be appropriated, and, from all accounts, had little time to spare, as several other cor porations are reported to have parties out surveying the same route with a sim ilar object in view. It is expected that the proceedings filed today are the be ginning of a lively fight lor possession of. this route. tween Petroleum and Volcanic Junction, on the Baltimore & Ohio Railroad. The engineer was asleep at his post and mis took the first section of a passing train for the second. TJilnking both had passed, he pulled his train on to the main track and Bped onward to what would seem to have necessarily been his death. The dead: J. B. Walklns, engineer train No. 98, from Grafton. W. W. Cunningham, fireman on No. 98. M. Courtney, Parkersburg, brakeman on No. 98. J. T. Bailey, Parkersburg, fireman on No. 87. J. G. Bailey, of Kanawah, brakeman on No. 98. Ike Davidson, of Grafton, engineer on No. 87, was burned, cut and brulse'd, but will recover. All five men killed were pinned under the wreck and at a late hour tonight only one of the bodies had been recovered. Tho accident occurred in &, cut on a curve on a heavy down-grade and at the end of a bridge. The third section of No. 87 was on the siding at Petrdleum, with orders to wait there until the sec ond section of No. 98 passed east. En gineer DavidBon, who escaped with slight injuries, was the engineer on No. 87, and went to sleep on the siding. When the first section went by he thought it was the second and started out on to the main track. His .fireman and for ward brakeman, both of whom were killed, must have also been asleep, for they allowed him to take the train out. The conductor of the first train. No. 98, after he passed, saw Davidson pulling out and tried to wave him to stop, but failed. The conductor of fourth 87, seeing the third section pull out, fan forward after it as fast as possible, his engineer whistling down brakes and the conductor of the wrecked train ran over the tops of the cars until he reached the car next to the last one wrecked. In his attempt to stop -the 'engineer, but none of ihem attracted his attention in time. Conductor Lang .managed to jump in time to save his life. The fast trains tonight were passed around the wreck by way of Moundsville and the Ohio River Railroad. to prevent .the use of the canal because of Its supposed pollution of the drinking water of St. Louis. The effect of the decision is to sustain the contention of the State of Missouri. The opinion was handed down by Justice Shlras. The Chief Justice and Justices Harlan and White united In a dissenting opinion. Attorney William M. Springer, repre senting the State of Illinois and the San itary District of Chicago, was present in court todaY when the opinion in those cases was rendered. He asked leave to file an answer to the bill, and this being granted, he Immediately filed the answer, which was already prepared. In his ca pacity as a representative of the stato, ho admits, among other things, that in Pthe territory of the state of Missouri and on the banks of the Mississippi River and below the mouth of the Illinois are many cities and towns and many thousands of persons who rely upon the waters of the Mississippi River for their dally neces sary supply of water for drinking and all other purposes. He also says that It is a matter for proof whether the people of Missouri are compelled, to use the wa ters of the Mississippi, as Is also the fact as to whether the waters of the Mis sissippi are injured by the drainage ca nal. He contends that the adaptlblllty of the waters of the Mississippi for domestic purposes would be in no wise impaired by the canaL Judge Springer said: "Today's decision merely brings the case to a point where it will have to be tried on its merits. Our contention will be that Instead of inflicting damage, the flow of the lake water "has actually im proved the condition in the Illinois and Mississippi Rivers, both for navigation and from a sanitary standpoint." KBHA1C3I ROAD INCORPORATED. Articles Signed nnd Filed "Work to Go Forward at Once. Articles Incorporating the Portland, Ne halem & Tillamook Railway Company were executed In triplicate yesterday, and filed with the County Clerk of Multnomah County and the Secretary of State. Tho articles were signed by the following 14 incorporators: Geo. T. Myers, F. E. Beach, John McCraken, H. W. Scott. C F. Pearson, John Stewart, H. C. Campbell, John F. CVShea, Ernest Barton. William Flledner, William Reldt, H- L- Plttock, John Welch. Donald Mackay. CRUSADE AGAINST NEGROES Towns in Southern Indiana Trying to Get Rid of an Obnoxious Class. EVANSVILLE, Ind., Jan. 28. Cities and towns along the Ohio River have begun S crusade against the negroes. The en tire trouble dates back to the lynchings of the negroes at Rockport and Boone vllle for the murder of the white barber, Simmons, at Rockport one night last month. The board of safety of this city has ordered the police to arrest all strange negroes and bring, them before the City Police Judge. If they cannot give any reason for being here, they will be sentenced to the rock pile. The Ob ject oft this order is to rid the town of an obnoxious class of negroes. It In es timated that there are 2000 colored men in this city who absolutely refuse to work. They spend their time Jn the col ored saloons and low dives ot the city. The board of safety was prompted to this step by the action of the Spencer County Case "Will Be Tried on Its Merits. CHICAGO, Jan. 28. President Alexan der J. Jones, of the Sanitary district, said: "The decision Is somewhat of a surprise to mp, but after all It simply means that the case must now be tried on its mer its. Henceforth, the inquiry of the court will be directed to the question of whether or not the opening of the chan nel and the moving of Chicago's sewage down the Illinois and Mississippi Rivers have really resulted in the pollution of St. Louis' water supply. If so, equity will Justify the grievances of St. Louis and the State of Missouri, and the san itary district will have to find some remedy to prevent further pollution." Amendments to Indian Bill. WASHINGTON, Jan. 23. .The Senate Indian cdmmittee has decided to recom mend the adoption of Senator Simon's amendment for an appropriation of $11,000 for fire, water and sewerage systems at the Klamath school and agency. Agent Applegate has been assured that an allow ance of $6000 will be made for an irriga tion system at Klamath. .Senator Foster I today offered an jamendment appropriat ing 510,000 ior 10 student interpreters at our legations in China. Senator Foster today introduced to the President Charles Sweeney, the messen ger who brought the electoral vote of Washington to this city. Frank Pax ton, of Portland, brought the electoral vote of Oregon to Washington today, and presented It to the Senate. The capital stock authorized is $1,000,- 000, divided into 40.000 shares of $25 eacn, and divided into two classes, preferred and common. Portland is made the headquarters of the company, and au thority is taken to build a railroad be tween Portland and Nehalem Bay and lllamook Bay. The corporation Is to have power to build and operate barges, to buy, develop and operate coal mines, and do various things usually done by simi lar transportation corporations. It is per mitted to build connections with the O. R. & N., Northern Pacific or ' South ern Pacific The duration ot tho com pany is perpetual. The company will organize by the elec tion of a board of directors and execu tive officers In a few days and get promptly at work In the field. THE G. A. R, ENCAMPMENT. Cleveland Preparing to Receive 450,000 Visitors. CLEVELAND, O., Jan. 28. Membera ot the subcommittee of the National G. A. R. council of administration, who are in the city, predict that 150,000 veterans will attend the annual eneampment to be held In this city next Fall. The local com mittee expects 450,000 visitors to come to the city during the encampment. Tho members of the subcommittee, who are General F. M. Sterritt, of St. Louis; Colo nel Thomas Scott, of Fairfield, 111., and Colonel Armstrong, were In conference to day with the local committee. The city will be asked to raise a fund of about $75,000 for the entertainment of the old soldiers. Free accommodations will bo provided for 10,000 delegates. The Erie Raijroad, which is not a member of tho Central Passenger Association, has an nounced that It will grant a rate of 1 cent a mile for tho encampment. THE DEATH ROLL. Charles W. Ferguson Dead. LOUISVILLE, Ky., Jan. 23. Charles H. Ferguson, a well-known insurance man and once president of the National Asso ciation of Underwriters, is dead. Mr. Ferguson had been In falling health for a year. He was born in Oswego, N. Y., August 1 3,1846. Sir John W. MacClnre Dead. LONDON, Jan. 28. Sir John W. Mac Clure, conservative member of the House of Commons for the Stratford division of Southeast Lancashire, died this morning, in the C6th year of his age. Viscomte Henri dc Bornler. PARIS, Jan. 28. Viscomte Henri de Bornler, the poet, dramatist and member of the French Academy, is dead, aged 75 years. Fire in Nebraska Town. GOTHENBURG, Neb.. Jan. 28. Fira this morning destroyed Amos P. Singer's livery stable together with 20 head of horses, Odecrant's block, Carson Hard ware Company's building and Stack's restaurant and partially burned the building of the Carlson Mercantile Com pany. The town has nq fire department, but a bucket brigade was formed which prevented the flames from doing more damage. The loss is about $25,000, half I covered by insurance.