Morning Oregonian. (Portland, Or.) 1861-1937, January 29, 1901, Image 1

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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.