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VOL. XLL NO. 12,548.
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STATE PRISON FIRE
Penitentiary at Lincoln, Ne
CONVICTS SAFELY REMOVED
Local MIHtln Ordered Oat an Measure
of Precaution At a Lntc Hour
the Fire "Wan Xot Under
LINCOLN. Neb. March L Fire which
started In the state penitentiary last night
seems certain to destroy the entire main
building, together with the cellhousc and
other buildings. Just after 2 o'clock this
(Friday) morning a telephone message
came, saying the room in which the tele
phqne Instrument was located was In
flames, and must be vacated. This cuts
off the only means of Immediate communi
cation with the prison, which Is nearly
four miles from the business district of
the city. Between 1 and 2 o'clock, how
ever, a member of the Lincoln Fire De
partment telephoned that the penitentiary
proper was doomed, and that the fire was
spreading. Before .the flames had gained
great headway. "Warden Davis gave or
ders to release the convicts from the cells
and march them to the prison yard under
double guard. The remutu. was accom.
pllshcd without disorder.
The origin of the fire Is unknown. "When
first discovered, the officers of the insti
tution all set to work w:tn the small fire
fighting apparatus of the prison. Water
was used in abundance, but assistance
from the city fire department was called
for. A short time after midnight Warden
Davis said he did not have the fire under
control, but he could not tell how bad it
was burning In the upper story, and at
the front of the building Its spread was
slow. Later the report came that the
fire was a very bad one.
At 1:40 A. M. the city fire department
arrived, and began throwing water on the
walls. The flames had gained too great
headway, however, and the firemen di
rected their efforts to saving some of the
remote buildings. ,
By request of the Warden. Chief of Po
lice Hoagland sent all available policemen
to aid In preserving order. Later, aa an
additional measure of safety, LJoutent
Governor Savage ordered out the local
company of state mllltla. Captain Rin
ger, with a majority of the members, Is
at the armory, and a Burlington engine
and coach will start with them at 3
SURRENDER OF BOTHA.
Xo Confirmation of the Rumors Cur
rent Jn England.
LONDON, March L The Dally News
"We learn that Commandant General
Botha offered to surrender on certain con
ditions and that pour parleurs are still
In progress. It Is believed that Mrs.
Botha brought proposals from her hus
band to Lord Kitchener."
The Sun says it is officially announced
that Eothu has surrendered to General
kltcrencx. The Pall Mall Gazette credits
the nws of Botha's surrender, but a rep
resentative of the Associated Press learns
that neither the War, Foreign or Colonial
Office has any information confirming
the report. The War Secretary, Mr. Brod
erick, announced In the House of Com
mons this afternoon that he had no of
ficial information of the surrender.
MANCHESTER. England, Feb. 2S. The
Evening Mail says General Botha form
ally surrendered to General Kitchener
shortly before 10 o'clock this morning.
DE AAR, Feb. 2S. Latest advices Indi
cate that though a few of General De
wet's men have succeeded in crossing
the Orange River, General Dewet. ex-Presld-m
Steyn and the bulk of their
force, Inc'udlng Hertzog's command, are
camped on the South Balk awaiting an
opportunity to cross. According to in
habitants who reside alongside the river,
this will be impossible for at least four
days. The indications are that Dewet
Intends moving eastward, with the object
of crossing the line between Norvalspont
and Naauwpoort Thorneycroft is push
ing from the west, while several columns
are ready to meet the Boers In every
direction. Last night there was a terri
ble storm, heavy rains extending over a
wide area, and It Is expected that the
river will again rise.
OUDTSCHORN, Cape Colony, Feb. 2S.
General Dewet, it Is officially asserted,
having failed to cross the Orange River
at Daltorspoort, is hurrying to Roentfon
teln. The Orange River is falling fast.
Cost of the Boer War.
NEW YORK. Feb. 2S. The London cor
respondent of the Tribune says:
The total cost of the Boer war has
been concealed by various devices, but it
will exceed 130.000,000. A prominent Lib
eral has asserted that the aggregate
would be over 140,000,000, if the accounts
could be closed at once. For this reason
the supporters of the Government are
now awaiting the budget speech in a
spirit of optimism. The effect of that
speech will, however, be less discouraging
if they can arsert that the bottom has
been reached and that the war has
The "Kaffir circus" shares are rising
day by day. owing to Lord Kitchener'?
success, and there is evidence of a marked
revival of speculative activity. The oper
ators arc forecasting a great boom In
South African stocks as a sequel to tne
war. but they are assuming that the mine
owners will not be heavily taxed for tne
benefit "of British taxpayers. But Sir
Michael Hicks-Beach has a sharp eye
fixed on the only available assets of South
Africa. The Kaffir circus may be in less
festive mood after the budget speech.
That speech may unmake the market
now under careful manipulation.
Plague at the Cape.
CAPE TOWN, Feb. 2S. One fresh case
of buoonic plague has developed here
and three at Somerset West. They are
all among colored men.
Governor Beckham Denounced.
LOUISVILLE, Ky., Feb. 2S. Strong
statements made by Governor Beckham In
Indorsing the pardon he granted Tuesday
to Ed Alvy, convicted In the criminal
court of Louisville of setting up a game
of chance and given two years In the
Penitentiary, had an extremely sensa
tloial aftermath In the criminal court
toaay. Governor Beckham was denounced
to 'he court by R. C. Kinkead. who was
one of the attorneys who prosecuted Al
vey, and the verdict was the subject of
a long address to the grand Jury by the
Judge of the court. Alvey was convicted
on state's evidence by three men In
dicted with him and pardoned by the Gov
ernor on affidavits which the Governor
thought established that Alvey was a sub
ject of discrimination. In brief. Governor
Beckham charged that Alvey was con
victed to suppress competition In gamb
ling in Louisville.
DUE TO THE STEEL TRUST.
Scotch Iron Prices Reach a Ruinous
LONDON. Feb. 2S. The continuous de
cline in Scotch pig iron prices, having
reached a ruinous level, Is said to be the
result of the formation of the steel trust
In the United States. It is claimed that
the makers are alarmed at the prospects.
Replying to Sir Howard "Vincent. Con
servative, the Chancellor of the Exche
quer. Sir Michael Hicks-Beach, said he
was "aware that the exports of the United
States in iron and steel amounted last
year to $145,G00,O00, over double the value
of similar exports in 1S99. He altogether
demurred, however, at the statement that
the greater portion was not required in
America, and was' sent to the United
Kingdom. As a matter of fact, for the
year ending June 13. 1SS9. the proportion
will be under EX.000,000 out of a total of
JlOG.OCO.OOO. The Chancellor of the Ex
chequer added that Sir Howard Vincent,
In asking the government to take steps
to secure such fiscal treatment for these
and other competing foreign manufac
tured Imports amounting to J500.000.0CO as
shall establish an equality of foreign
goods with British goods in Brit
ish markets, and place upon the
foreigner a portion of the pecuniary
burden of the Boer War, merely ex
pressed an opinion with which he did
Sir Howard "Vincent also asked a ques
tion about the United States steel cor
poration, and the president of the Board
of Trade, Gerald Balfour, replied that
he understood such a combination was in
course of formation, but he was not In
clined to adopt Sir Howard Vincent's
statement that the main object of the
combine was to destroy the iron and
steel industries of Great Britain. He did
not think any action on the part of the
government could be usefully taken.
The discontent regarding the treat
ment of the Commons at the opening of
Parliament again cropped up In the House
this evening, when It began the discus
sion of the civil service supplementary
estimates. After being subjected to viru
lent criticism, the government succeeded
in carrying the vote for the maintenance
of the Parliament buildings by a meager
majority of 52.
Referring to the Newfoundland shore
question. Lord Cranbourne said no nego
tiations were at present proceeding on the
subject with France, but the government
had Intimated its willingness to take any
opportunity to adjust the long-standing
difficulty. In regard to Walflsh Bay,
South Africa, he said its alleged cession
to Germany was a baseless report.
Lord Cranbourne, referring to the plans
for the defense of the legations at Pekln,
said a zone 15fr yards wide vyv required.
Therefore, It was nrcessary 'o take part
of the customs building. Sir Itobert Hart
complained but he subsequently said that
if the military necessities require It ho
would not oppose the appropriation of the
The Exposition BUI.
WASHINGTON, Feb. 2S. The conferees
on the Louisiana Purchase Exposition bill
met today. They agreed upon the amend
ment to close the gates on Sunday and
disagreed to the appropriation for the
Charleston. S. C, exposition.
SUMMARY OF IMPORTANT NEWS
William M. Evarts Is dead. Page 1.
The State Penitentiary at Lincoln, Neb.,
was burned. Page 1.
The Inauguration programme is com
pleted. Page 10.
Illinois militiamen will escort Shenkle
from Springfield to Carrollton. to pre
vent mob violence. Page 6.
The last of the Spanish officers In the
Islands have been reca;:ed. Page 2.
The Government cable has been completed
to Jolo. Page 2.
Recommendations on the war claims have
been sent to Washington. Page 2.
General Young and a volunteer force have
sailed for home. Page 2.
The Senate passed the river and harbor
bill. Page 3.
Conference reports on the war tax, diplo
matic and agricultural bills were agreed
to by the Senate. Page 3.
The Senate took up the sundry civil bill.
The House adopted conference reports on
the war revenue, diplomatic and agri
cultural bills. Page 2.
The compromise on the war tax bill re
duces the revenue $41,000,OuO. Page 2.
The report of the surrender of Botha Is
not confirmed. Page L
President McKInley wants the Chinese
negotiations brought to a close. Page 2.
Brazil has recalled Its Oporto Consul.
Fish Commissioner Reed, of Oregon, Is
let out of office by the new fishery law,
which is now in force. Page 4.
Governor Geer has filed all but seven of
the 215 laws passed by the Oregon Leg
islature. Page 4.
The Washington Legislature passed tho
bill regulating the practice of medicine
over Governor Rogers' veto. Page 5.
Washington House committee on Judi
ciary will recommend temporary in
crease of number of Supreme Judges
f m five to seven. Page 5.
Idaho fuslonlsts passed the He regarding
an agreement of one to stand In with
the Republicans. Page 4.
Idaho House voted to create the office of
Assistant Attorney-General. Page 4.
The Oregon Agricultural College Regente
arrange for the expenditure of the $20,000
appropriated by the Legislature. Page 4.
Farmers will not comply with the Salem
creameries' rule, and the outlook for
the coming season Is not good. Page 4.
Commercial and Marine.
Steel stocks take a tumble in New York.
Continued dullness in wheat markets.
February wheat and flour exports from
Portland- .rage iu.
Steamship Wllhelmlna clears with record-breaking
cargo. Page 10.
Life-Saving Guards' negligence at the Rio
wreck. Page 10.
Portlnnd and Vicinity.
Committee agree In favor of new Port of
Portland bill. Page L
Judge Bellinger reconciles bankruptcy law
with the Oregon attachment statute.
Light - weight championship wrestling
match at the Multnomah Club tonight.
Southern Pacific's new building for shops
completed. Page 11.
Work on Eastern Oregon Experiment Sta
tion at Union will be begun without de
lay. Page 7.
W. M. EVARTS DEAD
Ex-Secretary of State Passed
Away in New York.
DEATH CAUSED BY PNEUMONIA
Funeral Will Occur Saturday, and
Interment V111 Be at Windsor,
Vt His Cnreer as a Lavryer
and a Statesman.
NEW YORK. Feb. 2S. William M.
Bvarts died at his home In this city to
day. Mr. Evarts was S3 years of age.
His death was caused by pneumonia. For
several years past he had been without
THE LATE WILLIAM M. EVARTS.
the use of his eyes and was otherwise so
feeble that he was unable to leave his
home. Up to the time of death he was
the nominal head of the law firm of
Evarts, Choate & Beaman, although for
many years he had not been In active chief Justice Chase, at Dartmouth Col
practice, i lege, In June, 1S73; the Centennial ora
Soon after 4 o'clock this morning Mr. ' tlon, in Philadelphia, In 1S76. and the
Evarts suffered a relapse which caused speeches at the unveiling of the statues
him to sink rapidly. At 6 o'clock he re- 0f -Miam H. Seward and Daniel Web
lapsed into unconsciousness and grew ster jn xew York, and of Bartholdl's
weaker until at 9:10 o'clock, without re- statue of liberty.)
trnlnlnsr consciousness, he expired. irom
the time he became unconscious the dy
ing man's nlfe and children were with
him In the room. There are four daugh
ters and a like number of sons. The
latter are Allen, Sherman, Rev. Dr. Pres
cott and Maxwell Evarts. and the daugh
ters are Miss Mary Evarts. Mrs. Beaman,
Mrs. Tweed and Mrs tScudder.
The funeral will take plae at 10 o'clock
Saturday morning from Calvary Protes
tant .Episcopal Church. After the services
here the family will go with the remains 'Numerous workmen employed in a to
to Windsor. Vt. where services vvljl be b&cc manufactory here Joined a crowd
hold airaln. Interment will be in tne
family plot In the cemetery there. The
pallbearers will not be chosen until to
(William Maxwell Evarts was born In
Boston. February G. ISIS. He was pre
pared for college In the Boston Latin
School, graduated at Yale in 1S37, and
while in college, with four of his class
mates, he founded the Yale Literary Mag
azine. Choosing the profession of law.
he studied In Harvard law school, and
In the office of Daniel Lord, of New York
City, and was admitted to the bar in
New York in 1S11. He soon established a
reputation for learning and acumen, and
was often consulted by older lawyers. In
1849-53 he was Assistant District Attorney
in New York City, and in 1S51 successfully
conducted the prosecution of the Cuban
filibusters concerned In the Cleopatra ex
pedition. The same year he was olected
to argue In favor of the constitutionality
of the metropolitan police act. In 1S57
and 1S60 he was retained by the State
of New York to argue the Lemmon slave
case against Charles O'Conor, the coun
sel for the State of Virginia, before the
Supreme Court and Court of Appeals. He
became an active and prominent member
of the Republican party, was chairman
of the New York delegation In the Re
publican National Convention of 1S60, and
proposed the name of William H. Seward
for the Presidency. In 1S61 he and Hor
ace Greeley were rival candidates for
the United States Senatorshlp borore tne
New York Legislature, but finally his
name was withdrawn to enable his sup
porters to secure the election of Ira Har
ris. In 1S62 he conducted the case of
the Government to establish In the Su
preme Court the right o5 the United
States In the Civil War to treat cap
tured vessels as maritime prizes, accord
ing to the laws of war. In 1SC3 and ISCo
he maintained with success before the
courts the unconstitutionality of state
laws taking United States bonds or Na
tional bank stock without the authoriza
tion of Congress. In 1S6S, President John
son chose him as chief counsel In the
Impeachment trial before the Senate, and
from July 15, 1SGS, till the end of Presi
dent Johnson's administration, he filled
the office of Attorney-General of the
United States. He acted in 1ST2 as coun
sel for the United States before the trib
unal of arbitration on the Alabama
claims at Geneva, and presented the ar
guments on which the decisions favor
able to the United States were to a large
extent based. In 1S75 he was senior coun
sel for Henry Ward Beecher In the trial
of the suit against him in Brooklyn. For
many years his reputation had been Na
tional, and he had been engaged In a
large number of cases Involving great In
terests, among the most famous of which
were the Parrlsh will case and the con-
test over the will of Mrs. Gardner, moth
er of the widow of President Tyler HIa
services were often sought in cases in
which large corporations were parties,
and he received In some Instances fees
of $25,000 or J5O.00O for an opinion, such
as that on the Berdeel mortgage upon
the Boston. Hartford & Erie Railroad.
The firm of Everts. Choate & Beaman,
of which he was senior partner, has
among Its clients many of the prominent
merchants and bankers of New York
City. In 1877 he was the advocate of the
Republican party before the Electoral
Commission, and during the administra
tion of President Hayes he was Secre-.
tary of State. His administration of the
Slate Department was "arked by a ju
dicious and dltmlllcd treatment of dlplo-
mtlr uupfrlions. and especially by the .
Introduction of a higher standard of ef
ficiency In the consular service, and the
publication of consular reports on eco
nomic and commercial conditions in for
eign countries. In 1SS1, after the con
clusion of "his term of service in the
Cabinet, he went to Paris as delegate of
the United States to the International
monetary conference. March 4, 1SS5. he
took his seat In the United. States Sen
at for a term expiring March 3, 1S91.
having been elected as a Republican to
succeed Elbridge G. Lapman. as Senator
from. New York. Mr. Evarts was known
as a brilliant speaker at convivial gath-
erlr.gs, 3nd as a public orator of elo
quence and versatility. On many import
ant occasions" he" delivered addresses, sev
eral of which have been published. Among
his public addresses the the eulogy on
PORTUGAL AND BRAZIL.
South American Government Recalls
Its Oporto Consul.
LISBON, Feb. 2S. The Brazilian Gov
ernment has ordered its Consul at Oporto
to return immediately to Brazil with his
this evening that was demonstrating
against the Jesuits, marching to the pal
ace of Jose Pestana. who is accused of
belonging to the group that attempted to
abduct the daughter of the Brazilian Vlce-
Consul, breaking the windows and setting
fire to the blinds. Another body of dem
onstrators stoned a house occupied by a
Senor Sngasta's Vievrs.
MADRID, Feb. 23. Senor Sagasta had a
conference lasting an hour with the
Queen Regent today. He presented his
views to Her Majesty in writing. They
were not communicated to the press. It
Is believed he pointed out that there Is
room for a change In the government's
policy from the Liberal standpoint, but if
the Queen Judges it advisable, the present
Chambers would vote the budget for 1D01,
and Senor SUvela would form a Cabinet If
supported by the majority. The Queen
Regent conferred also with Senor de
Armijo. who said subsequently that any
opinion relative to the solution of the
crisis would be premature. In political
circles, it Is considered that. In caso
Parliament Is dissolved, Senor Sagasta or
Senor SUvela will be appoInted.to the
Presidency of the Cabinet.
To Repress Macedonian Agitators.
VIENNA. Feb. 2S. The Bulgarian pa
pers announce that the Bulgarian Minister
of Justice has issued a circular urging
Public Prosecutors and Judges throughout
Bulgaria to be active In the repression
of the Macedonian revolutionary commit
tee and other agents of agitation.
LONDON. March 1. "An imperial lrade
orders the concentration of 5000 Turkish
troops on the Bulgarian frontier, near
Kustendil," says the Constantinople corre
spondent of the Daily Mall. "Prince Fer
dinand opposes the operations of the
Macedonian committee, but is believed to
be powerless to stop them, and there is
no doubt that sympathizers in Bulgaria
are providing the promoters of the revo
lution with arms."
Demonstration In Vienna.
VIENNA, Feb. 2S. A mob of 1500 unem
ployed clerks made a noisy demonstra
tion this afternoon against the young
Czechs and Radicals In front of the
Relchsrath building. The session of the
Reichsrath opened comparatively quiet.
Five hours of the session were taken up
with obstructive speeches by the Czechs.
Then the President ordered a secret ses
sion to read certain Interpellations which
had been objected to. These referred to
the Indulgences of Roman Catholics and
to the confiscation of antl-Cathollc news
DRYDOGK IN EAVOR
Friends of Project Score a
HUGHES' POSITION SUSTAINED
Law of 1S99 Does Not Provide a
Larger Operating Fund Than the
Mill Before Governor Geer
for Ills Approval.
Unless some cause for adverse action,
not now apparent, arises. Governor Geer
will approve the Port of Portland bill.
The Investigating committee appolnttd
at the conference of taxpayers and mem
bers of' the Legislature and of the Port
of Portland Commission. Wednesday, re
ported to Chairman H. W. Corbett yester
day, sustaining the position taken dj
Commlssioner Ellis G. Hughes and over
ruling the position of T. B. Wilcox, pres
ident of the commission. The committee
declared that the Commission has no au
thority under the law of 1S30 to issue
bonds for a dredge built prior to the
enactment of the law, and reimburse the
fund from which the money was drawn
to build the dredge. Mr. Wilcox make3
no complaint against the decision, but
adheres to the statement he made at
Wednesday's meeting that he can not
see his way clear to continue his connec
tion with the commission, as he is not
enabled to do justice to himself and the
If Mr. Wilcox's position had been sus
tained, the act of 1S09 would be better for
the port, always leaving the drydock
out of consideration, than the bill of 1901,
in that it would provide a larger operat
ing fund. Under his construction of the
law of 1S99, the commission could issuo
bonds for about 573,000 to pay for tho
dredge and other appliances connected
with its operation. The committee's
ruling to the contrary makes the working
fund exactly the samo under the bill o
1S01 as under the act of 1S09. So far as
concerns tho operating account, nothing,
as Mr. Hughes has explained, would bo
gained by veto of the bill now before
Governor Geer. One Important difference
between tho two measures is the author
ization of a drydock by the bill of 1S01.
Mr. Wilcox says deep channels aro more
Important than a drydock at this time.
William M. Ladd is opposed to a dry
dock. Tho majority of those who at
tended tho conference, want the drydock.
The fight has been between tho friend3
and opponents of the drydock and the
friends have won.
A brief statement of the action of tho
committee was telephoned to Governor
Geer yesterday afternoon, and he was In
formed that those who petitioned for tho
veto of the bill were evidently laboring
under a false Impression. Chairman Cor
bett will call a meeting today of thos-s
who attended the conference at Presl
dent Mohler's office, Wednesday. There
appears to be little doubt that the recom
mendation to tho governor wllll be that he
permit the bill to become a law.
Senator Alex. Sweek and Representative
John McCraken. of tho Investigating
committee, met in the Port of Portland
office yesterday morning. H. W, Scott,
the third member, was unable to be pres
ent. Commissioner Hughes attended, by
Invitation, and stated his case. During
the morning session the committee ex
amined the books and accounts of thi
commission. Mr. Wlicox and ex-United
States Attorney-General George H. Wil
liams were invited to the afternoon snU
sloa. To expedite matters, Mr. Hughes
and Mr. Wilcox agreed upon a statement
of facts to the effect that the dredgn
In question was built and paid for prior
to the law of 1SO0, which authorizes the
Issuance of bonds for the construction of
dredges and dredge appliances. The
question of whether the commission
could, under the law or uw. issue duuup
to reimburse tho general fund for tho
cost of a dredge built prior to the enact
ment of the law. was then referred to
Judge Williams for a ruling. He said no.
Senator Sweek and Representative Mc
Craken concuring In the opinion ana
drew the following report which they
sent to Chairman Corbett:
Your committee to whom was referred tho
matter as to whether or not the Port of Port
land had authority and power under tha act of
1S00 to sell bonds and reimburse the general
fund for the purpose of building a dredge, beg
leave to submit the following report:
We And that prior to the act of 1S90 the Port
of Portland had no authority to build a dredgo
out of the moneys derived from the sale of
bonds: that the dredge was bullt.and paid for
out of mone3 belonging to the general fund
prior to tha passage of said act.
That In section G of the act of 1S0O the Port
of Portland Is granted power as follows: "And
no funds derived from the sale of its bonds
shall bo expended other than In making im
provements of a permanent nature to tho chan
nel of the rivers aforesaid and In the construc
tion of dredges and dredge appliances." This
act la not retroactive, and. there being no ex
press authority given to sell bonds for the
purpose of reimbursing the general fund, we
do not believe that the Port of Portland would
have authority under the law as it now stands
to sell bond3 for this purpose.
The Board of Trade, at its regular
meeting yesterday afternoon, went on
record in favor of the Port of Portland
bill, and sent Governor Geer a telegram
asking him to let the bill become a law.
FIGHTING BLACK DAMP.
Xo More Bodies Recovered From the
DIAMONDVILLE. Wyo.. Feb. 2S. Nc
effort has been made to open up No. 6
let el. Superintendent Sneddon, accom
panied by Superintendent Thomas Young
and ex-Inspector Parks, entered the mine
and unsealed the sixth entry. Room 33
had been reached. It will be impossible
to take out any bodies until room 45 is
reached, which will be reached some time
after midnight. About 30 experienced men
are engaged in the search. The only
trouble seems to be in pushing the black
damp back. To do this every room will
be sealed and as the entrance from the
seventh level to the sixth level is be
yond the place where the fire occurred,
it is the purpose of the relief gang to
take the bodies out from the sixth level
Into the seventh level. The Investiga
tion of the cause of the fire will not be
held until more bodies have been recov
ered. Tonight only two bodies, those
of the Ron! brothers, remain in the
morgue, all others having been burled or
shipped away. The Inquest will not be
held until more bodies have been recov
ered. Itnly Seeks A'o Territory.
ROME, Feb. 2S. An official note Issued
today denies the report that the Italian
Government contemplates territorial oc
cupation of the Bay of Nlmrod, an Im
portant harbor south of Ning Po, Prov
ince of Che Klanff.