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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Aug. 9, 1904)
XStttWt VOL. XLIV.-ISO. 13,624. PORTLAND, OREGON, TUESDAY, AUGUST 9? 1904, PRICE FIVE CENTS. Colorado Train Wreck Near Record. EIGHTY DEAD FOUND Washington Doctor Is Among the Lost. . FIANCEE MEETS LIKE FATE Scenes at the Morgue Beggar Description, LIST OF THE MISSING IS LARGE Flood Carried Many of the Victims for Miles and Remains -Were Almost Completely Burled In the Sand. GBEAX WRECKS OF 1003. Chiwaukum, "Wash.. January 20; 12 Killed. Graceland, X. J., January 27; 20 Jellied, SO Injured, Vail's Station, Arizona, January 2S, SO killed. 30 Injured. Rockflsh, Va., July 7f'24 killed, 30 Injured. , Durand, Mloh.. August 7; 23 killed, 28 Injured. Chehallsi "Wash., August 22, Elks' train wrecked; 2 killed, 40 Injured. Washington's Crossing-, X. J., October 17; 1C killed, 40 Injured. Indianapolis, Ind., October 21; 16 killed, 40 Injured. Kent wood. La., November 14; 20 killed. IS injured. Trernant, III., November 19; IS killed. PUEBLO. Colo., Aug. 8. The wreck ot the "World's Fair Flyer on the Den ver & Rio Grande Railroad, near Eden, seven miles north of Pueblo, last evening-, proves to have become one of the greatest railroad disasters In the his tory of this country. Two crowded pasenger cars and a baggage car were engulfed In the torrent that tore' out a trestle spanning Steele's Hollow, oth erwise known as Dry Creek, and so far as known tonight, only three of tho occupants of these cars escaped death. Fortunately, two sleepers and a diner, completing the train, remained on tho track at the edge of the m abyss, and none of their occupants were killed pr injured. How many perished probably will never be definitely ascertained, for' tho treacherous sands are drifting over tho bodies. Searching for the dead was begun about midnight on an extensive scale, and is still In progress tonight. Fifty Bodies Already Identified. All corpses found were brought to Pueblo and placed in four morgues here. At 8 ' o'clock this evening 82 bodies had been recovered, and of these GO had been identified. Thirty-three are still missing. During tho day bod ies were recovered all the way along Fountain River from the scene of tho wreck to this city. At 1 o'clock this afternoon two bodies were taken from tho stream at First street. Pu eblo, more than eight miles from tho point where the disaster occurred, and It is probable that some may be recov ered even further down stream. None of the bodies were badly mutilated, and all are in such condition as to be rec ognizable. Many identifications have been made by articles found on the bodies, no persons who viewed them recognizing: the features. A visit to the morgues presented a horrible picture. Relatives and friends were anxiously seeking friends and loved ones supposed to be among tho blackened bodies piled in rows in dif ferent rooms of the undertaking- es tablishments. The work apparently was conducted with as much system as was possible, bodies being carded as fast as recog nized, and many of them being taken away immediately and several sent to tneir nomes in ouier emus. The, streets ot this city present a picture such as was probably never witnessed before. Women and men are to be seen rushing frantically from one place to another, wringing- their hands in anguish and imploring those sup posed to be in possession of informa tion to tell them the fate of their rela tives and friends, and every few min utes a wail can bo heard as they have found what they sought for, yot hoped not to find, tho horrible reality that their fears were confirmed. Washington Doctor's Sad Death. Peculiar pathos attaches to the death of Miss Stella McDonald, of Pueblo, and Dr. James B. Mac Grogor, of Ballard, Wash., who were drowned together. Their engagement was announced last week to the friends of Miss McDonald and the wedding was planned for the near future. Miss McDonald had been connected with the Pueblo schools for several years and had been the prin cipal of the 'Central High School one year. Another very sad case of that of Mr. and Mrs. Henry Gilbert, of Oklahoma City, who had been married only two months and were on their honeymoon trip. Gilbert is one of the three men who marvelously escaped from the ichaircar. His wife, who was sitting beside him. was lost, and although ho is unscathed, her death has made him a nervous wreck. He is now in tho Pueblo Hospital. He was wire chief of the "Western Union Telegraph Com pany at Oklahoma City. A dispatch from Jacksonville, Fla,, inquiring: for Miss Alice Wood, of that city, was received by the Chieftain. The name has not been reported among the dead or missing-. A trunk was found containing 'a package of visiting cards bearing: the name of Mrs. Everard Roscoe, of Du rango, Colo., and sho is supposed to have been a passenger. NAMES ON THE DEATH ROLL. Many Are Reported as Missing, and It Is Almost Certain Are Lost. PUEBLO, Colo., Aug. 8. Following Is a list of the Identified dead In the wreck near Eden: J. P. BISHOP, architect, Pueblo. ETTA E. BISHOP. Bister of J. P. Bishop, Pueblo. GEORGE BECK, Pueblo. MISS BENNELL. Pueblo. BETHEL, Cripple Creek. H. CURTIS, Pueblo. . . DON CAMPBELL,, Pueblo. MISS CARRIE DOWNING, Pueblo. J. EM RICH, Pueblo. GEORGE ENGLAND, Colorado Springs. JESSE E. GRAY, Pueblo. H. R. GRAVES Pueblo. MRS. GARTLAND, Denver. J. G. GALBRAITH, Pueblo. J. G. GRAHAM, Florence, Colo! A. E. HOES, Pueblo. HARRY HOUGH. Denver. "WILLIAM HUGHES. Pueblo. A. G. HESS. Pueblo. MISS PEARL HOPPER, Pueblo. HENRY HIND MAN, engineer, Denver. DOROTHY JOHNSON, 8 years old. Pueblo. 'MRS. JAMES KEATING, Pueblo. IDA LEONARD, Pueblo. MRS. ROBERT LINFOOT, Pueblo. MISS STELLA M' DONALD, Pueblo. MAX MORRIS, Pueblo. R. O. MEATS, Denver. HUGH M'CRACKEN. Aurora, III. A. S. MAXWELL. Puoblo. MISS ANNIE PINE, Pueblo. MISS MARY PRICE; La Sallo, I1L T. S. REESV, express messenger, Denver. BUD SEWARD. Pueblo. MISS ALICE STURGEON, Pueblo. MISS VINNHJ SELBY, Pueblo. MISS ELLA STEVEN, Northampton. Mass. MISS LOTTIE SHOUP. Grand Rapids, Mich. J. H. SMITH, conductor, Denver. MRS. TILLIE THOMPSON, Pueblo. THOMAS F. TURNER, brakeman, Denver. MISS EMILY WOOD. Pueblo. MRS. GEORGE F. "WEST, wife fcf ex-Mayor of Pueblo. MISS IRENE "WRIGHT, Pueblo. MISS NELLIE "WILLIAMS, Pueblo. MISS FLORENCE WALKER, Pueblo. L W. WRIGHT, Pueblo. MAJOR FRANK H. WHITMAN, formerly Twentieth Kansas Volunteers, address un known. MRS. A L. YEAGLES. Pueblo. DR. JAMES MACGREGOR, Ballard. Wash. G. W. GBPPERT, St. Louis. EDWARD AND LILLIAN GARTLAND. chil dren, Denver. MfSS "GERTRUDE BOXLE, Pueblo. AL MOSIBR. IliaVGolr JIEIIOWLAND. Llnd&br& JIKaa, ' BVr'K!LASHEL Denver. " 'T ' r MRS. PARKER, Pueblo. The Missing. Those known to be on the train and now missing arc: ' MRS. JAMES KEAHLEY, Pueblo. LITTLE DAUGHTER of Mrs. Thompson, F. C. BOCHMANN. MRS. STEARNS, sister of Bocamann. FRANK BODMAN, Northampton, Mass. ALEX S. MAXWELL. MARK M DONALD. Pueblo. FRED MAHONEY. Pueblo. THOMAS SULLIVAN, Pueblo. J, B. DUNHAM, Pueblo. EDWARD KNIGHT, Denver. B. T. LASHELL, Denver. MRS. J. M. KILLEN AND BOY. W. H. LAMOON AND WIFE. JESSE E. GRAY, Denver. MRS. MARY WALSH, Chicago. MISS MARY PRICE, Lasalle, in. MRS. HENRY GILBERT. ELSIE ROLAND, Pueblo. DR. W. F. MUNN, Pueblo. MRS. JOHN S. MOLITER AND TWO DAUGHTERS, aged 4 and 8, Pueblo. MINNIE DAVIS. Pueblo. MALCOLM S. DIGGINS, Publo. MRS. H. S. GILBERT, Pueblo. V. B. DURHAM. Pueblo. MINNIE SELBY, Pueblo. SOPHIE GH.CHRIST, Pueblo. JAMES O'BANNON. Pueblo.' MISS CHANCELLOR, Pueblo. MISS BOZEMAN, Pueblo. MRS. MARY WELCH, Chicago. MISS HADENBURG. Salina, Kan. MARGARET DONNELLY. Des Moines, la. MRS. HENRY DONNELLY. Des Moines. DR. E. C. STIMMEL, Pueblo. RALPH SWARTZCUP, Pueblo. J. i. THOMAS AND "WIFE, Pueblo. MISS MARGUERITE KELLEY. Pueblo. HAROLD B. PAGE, Denver. JAMES PAUL KEATING, 2 years . old, Pueblo. F. H. MBSSINGER, bank cashier. Central City, Colo. .MISS ALICE WOOD. Jacksonville, Fla. MRS. EVERARD ROSCOE. Durango. Colo. MISS ALICE WOOD, Jacksonville, Fla. MRS. EVERARD ROSCOE, Durango, Colo. Injured but Escap.ed. The following were injured, but escaped: Theodore Fisher, Pueblo; J. Gilbert, Pueblo; J. M. Klllen, Pueblo; David Mayfleld, Denver; MIes Wright, visiting with Harry Johnson, of the Johnson Mercantile Company of 1 Pueblo; the 11-year-old daughter of Harry Johnson; Miss Winnie Polby, residing on Srpuce street, Pueblo; Thomas Bantman, Pueblo; Mrs. Cava- naugh, Pueblo; John West, Pueblo. PORTER ONE OF THE HEROES. He Seizes the Handbrake and Holds on Like Grim Death. W. Vance, porter on the forward sleeping-car Wyuta, was one of the heroes of the disaster. To him and his nerve and bravery the people on that car owe their lives. He was standing near the front end of the car when the crash came, .nd with rare presence of mind rushed to the hand brake on the front of the car and began tightening the brakes on the wheels. His car was slipping forward from the mo mentum and from the terrible drag of the forward cars falling Into the stream. Vance held on to the brake like grim death. His hands clenched the wheel until his fingers almost bled, but he held on until his tight grip stopped the car. The forward cars broke from the sleeper and fell Into the water, while the car which Vance had held with the brake stopped one-third of the way oh the brink of the chasm, overhanging tho gulch be low. The forward trucks had left the track and -gone down, but the remainder of the coach remained on the tracks and the lives of the passengers were saved. It re quired two engines and nearly a half hour's work to pull this sleeper back from the brink of the chasm. Nothing but Vance's cool and brave work at the brakes- kept the car from plunging into the stream. Supreme Court Passes on Gambling Case. OBEY LAWS FIRST OF ALL No Official' Can Order Him to Disregard Violations. MANDAMUS NOT NECESSARY Criminal Action May Be Brought Against Chief of Police If He . Refuses to Close Portland Gambling-Houses. Mandamus will Ho to compel the ' Chief of Police of Portland to prosecute all persons whom ho has reasonable cause to believe guilty of violating the ordinance prohibiting gambling. In such a mandamus proceeding it Is not necessary, and Is therefore im proper, to Join the Mayor and Execu tive Board as parties defendant. If the Chief of Police refuses to per form bis duty he may be prosecuted In a criminal proceeding and his offlco declared vacant. The mandamus case against the city officers has been reversed and remanded for further proceedings In the Circuit Court. SALEM, Or., Aug. 8. (Special.) The Oregon Supreme Court rendered a decision today holding that" mandamus will lie to compel the Chief of Police of Portland to enforce the ordinances against gam bling. Though tho decision of the low er court was to the same effect, that de cision Is reversed because of error in over ruling a demurrer, and the case is sent back with instructions to sustain tho de murrer and for such other proceedings as may be necessary, not Inconsistent with the Supreme Court's opinion. The "fur ther proceedings' -'-are likely to be an amendment of the alternative writ, for the opinion says: "Tho relators rxC entitled to oil effoc- ttw writ, and hapiag p.;ayed for greater, relief than they of right can' demand, an amendment may be desired." . From the opinion it appears that when the writ has been amended It will be ef fective to compel enforcement of the gam bling ordinances of Portland. This decision was rendered In the case of State of Oregon, upon the relation of R. Livingstone. W. "J. Honeyman, N. P. Blagen, John A. Patterson. W. H. Mark ell, David A. Patullo, J. W. Bell and E. Quackenbush, against Mayor Williams, Chief of Police Hunt, Municipal Judge Hogue and the Executive Board, composed of Charles F. Beebe, Whitney L. Boise, Edward D. Curtis, William Fleldner. R. L. Gllsan, H. W. Goddard, George H. How ell, Sig. Sichel, J. W-eber and H. C. Wort man. Sears' Dissension Upheld. The case was tried before Judges J. B. Cleland, Alfred' F. Sears, Jr., A L. Frazer and M. C. George, sitting en banc. An opinion was handed down by Judge Clel and, Judges Frazer and George concurring, Judge Sears dissenting upon grounds which were successfully urged on appeal by the appellants. Tho purpose of the proceeding was to compel the arrest and prosecution of cer tain persons for alleged violations of a clause of the city charter, of the provis ions of a municipal ordinance and of tho requirements of a statute of the state, prohibiting gambling. Alternative writs wero Issued, con manding the officers to perform the acts mentioned or show the reason why they should not do so. One of these writs was addressed to the members of the Execu tive Board as a body and one to each of the other defendants. The defendants severally demurred to the writs on the grounds, (1) that they did not state facts sufficient to entitle the relators to the relief demanded; (2) that it appeared therefrom that a plain, speedy and adequate remedy in the ordinary course of law existed for the suppression of the evil alleged; (3) that the court did not have Jurisdiction of the persons of the defendants nor of the subject matter Involved; and (4) that several alleged causes of special proceeding wero improp erly united. These demurrers were over ruled and tho alternative writs made per emptory, whereupon the defendants ap pealed to the Supreme Court, Chief Justice's Decision. The opinion of tho appellate tribunal is written by Chief Justice Moore, who states at length tho substance of the pe tition, which alleges th'at the defendants entered Into a conspiracy to permit gam blers In Portland to conduct their busi ness upon their forfeiting cash ball twice each month. In the alternative writs the Mayor and Executive Board are commanded to direct the Chief of Police to go to the Portland Club and arrest all persons found gam bling there and also to arrest certain per sons who had been theretofore charged by the Chief of Police in the Municipal Court with violating the gambling ordi nance, and also to arrest certain named persons who are keeping and using said gambling-house and to bring them Into the Municipal Court and prosecute them. The writ against the Chief of Police' com mands him to execute the orders of the Mayor and Executive Board as contained In the mandates to them, and the writ to the Municipal Judge commands him to Is sue bench warrants for the men who for feited ball. The Supreme Court holds that the Chief of Polco has' authority to make an arrest without warrant only where a crime was committed in his presence, where the per son arrested has committed a felony, though not in his . presence, and where a felony has been committed and he has TeasonaWe cause for believing that the person arrested committed It. Because the writs commanded the Mayor and Ex ecutive Board to direct the Chief of Po lice to make arrests In cases other than these without warrants the writs are held to be subject to the objection urged in the demurrer. - "It would have been lawful tor the May or or for the Executive Board to have directed the Chief of Police to enter any gambling-house in tho City of Portland and arrested all persons found therein offending against any law, for the Indi viduals so discovered would be guilty of a crime committed or attempted in the presence of a peace- officer. When, how- over, the Mayor and the Executive Board were commanded In tho. alternative writs, . without either the filing of a complaint or the Issuing of a warrant, to direct tho arrest of the persons named, we do not think any authority existed therefor, for, if the persons designated wero found of fending against any law, the Insertion of their names In the alternative writs was unnecessary; but If not so found, their alleged crimes being only misdemeanors and not committed in the presence of the court, It was powerless to command their apprehension." For the reason that the Chief of Police Is ordered to make arrests without war rants In unauthorized cases the writ is held to be objectionable as to him, and the writ as to the Municipal Judge Is de fective because It commands him to issue bench warrants whereas that duty is im posed by law upon the Clerk of the court Upon the fourth ground of demurrer tho Supreme Court holds that the proceedings against the several defendants were im properly joined, "for the result desired can be secured by commanding the Chief of Police to perform a plain duty devolv ing upon him, and as a writ of mandamus will not lie to compel the execution of vain and useless things, no necessity ex isted for Joining a cause of special pro ceedings against the Mayor or the Ex ecutive Board, the discharge of whose duties, if it be assumed they are impera tive, were not an. indispensable or succes sive step in the procedure to suppress the evil of which the relators complain." Chief Must Obey Law. It Is also held that tho Chief of Police is not bound by any orders he may have from his superiors not to enforce the laws, and he -may be compelled by mandamus to prosecute all persons whom he shall have reasonable cause to believe guilty of a violation of the act prohibiting gam bling, and If he refuses or wilfully neg lects to perform his duty he may be tried kin a criminal action, and if. convicted his office may be declared vacant for the re mainder of his term. Because, however, of the defects in tho alternative writ the case 1s sent back with Instructions to sustain the demurrer andtake such further proceedings as may be necessary. Other Court Decisions. SALEM, Or., Aug. 8. (Special.) The Su preme Court today rendered other decis ions as follows: August Krause, respondent, vs. Oregon Iron & Steel Company, appeal from Clack amas County, T. A. McBride, Judge, af firmed; opinion by Justice Wolverton. This was a test case brought to deter mine tho right of the defendant company to maintain a dam in the Tualatin River In Clackamas County to the Injury of farmers on low bottom lands above tho dam. Plaintiff prevailed and on appeal has a decree enjoining defendant from maintaining a dam higher than two feet above the lowest art of the general con tour of the bed of the stream. Carl H. Barstow, appellant, vs. Steam boat "Aurella,". respondent, from Mult nomah County, A L. Frazer, Judge, re versed: opinion by Justice -Bean. Held that under seetio 57flG of tho nnfin providing for liens on ve.sels the action m&a o9 o.-ougnr wiinin one year after the debt becomes due, ana where credit has been given the time Is computed from the date when the credit expires . and not from the time when the debt was con tracted. Joseph Lemmons, appellant, vs. Steph en Huber, respondent, from Marion Coun ty, George H. Burnett, Judge, affirmed; opinion by Justice Bean. Where Judgment had been rendered in Justice Court for defendant for costs and disbursements and appeal was taken to the Circuit Court from an order taxing costs, but more than 30 days after tho original Judgment had been rendered, held that this appeal could not bo from the original Judgment but only from the or der taxing costs. Elizabeth McFarlane, respondent, vs. A. McFarlane, appeal from Marlon Coun ty, R. P. Boise, Judge, reversed; opinion by Justice Wolverton. Held that the lower court erred In dis cretion in overruling defendant's motion to set aside default and for leave to an swer to the merits. TALKS PLAINLY TO TTJEKEY. Hay Informs Her American Patience Is Nearly Exhausted. WASHINGTON, Aug. 8. Secretary Hay today bluntly told Cheklb Bey, the Turk ish Minister here, that the patience of the American Government Is wellnigh ex hausted. The Minister Is expected to communicate this information to his home government speedily. Cheklb Bey had no instructions from the Porte when he called at the State Department today. He had seen the newspaper reports of tho State Department to Second Minister Leishman's efforts diplomatically at Con stantinople by the presence of a fleet of American warships in Turkish waters, and he doubted tho reports. Secretary Hay soon satisfied him on that point, and the Minister returned to his. legation to frame a dispatch for the Information of the Turkish Foreign Office. Ho did not care to make a statement himself as to tho nature of his inter view with Secretary Hay. These ap, pearedito be an impression In tho minds of tho Turkish statesman that because the President of the United States could not make war without the consent of Congress, he thereby was estopped from Indulging in a naval demonstration to forward his purpose to secure fair treat ment for the Americans in Turkey. When Cheklb Bey left the State Department he evidently was In a Btate of concern over what he had heard. The Minister was unwilling to discuss the dispatch whlchhe expects to send to his govern ment. RORTE IS MUCH PERTURBED. Dispatch of American Squadron Is Likely to Bring Her to Time. CONSTANTINOPLE, Aug. 8. Tho announcement of the dispatch of the American European squadron to Symr na has perturbed the porte, and will doubtless hasten the solution of tho questions at issue between the United States and Turkey in a manner satis factory to tho former. The porte promised American Minister Lelsh mann that a reply favorable to the American demand for the same favored treatment in- the matter of schools, hospitals and charitable institutions a3 Is accorded to other powers, would be given Augtist 2. Tho giving of the answer was then postponed to August 4, but up to tho present time no an swer has been received. The porte recognized the demand in principle, but thus far has failed to execute the necessary measures, and the American Legation has now sent a communication to tho porte, point edly demanding a speedy and final set tlement, the issuance of the necessary orders and the official acknowledgnient by Turkey of the American demands. There are no monetary demands. Stoessel Said to Have Become Rash. MEN SUFFER TOO MUCH General Grieved .Because He Could Give No Relief. FAMINE ON AT PORT ARTHUR Russians Deprived of Meat and Vege tables for Weeks Hospitals Are Crowded With Sick and Wounded. SPECLVL CABLE. LONDON, Aug. 9. The Shanghai cor respondent of the London Morning Post, cabling this morning, states that he has received Information from a "reliable source" that tho conditions within Port Arthur are appalling. The garrison Is famine-stricken, and has been deprived of meat or vegetables, other than rice, for weeks. The result Is that the suffer ings of the sick and wounded are Inde scribable. According to tho correspond ent, there are -upwards of 10,000 in tho hospitals, and doctors are unable to at tend to all of them. This latter state of affairs has resulted in many deaths of patients, who might have been saved.had they had proper care. The correspondent winds up his dis patch with the amazing announcement that General Stoessel, who was 'In su preme command in Port Arthur, com mitted suicide because he was unable to relieve tho sufferings of the brave men under his command. This fact has been suppressed, declares the correspondent, because of the effect It would have upon the garrison. None of the other London dailies havo any Information confirmatory of tho Post's advices, and they are not general ity credited. It Is pointed out that so far as General stoessel is concernea, dis patches signed by -him have been given out at St Petersburg, and that refugees havo made their way out of the fortress during" Hid "laSt f ornlght assert th'at Genr eral Stoessel has been the life of the siege, and has been very much In evi dence at all hours of the day and night That there Is suffering in Port Arthur is undoubtedly true; also that many of the garrison are sick and wounded, but the Post correspondent's figures seem much too high. Marquis Oyama, Commander-in-Chief of the Japanese forces in Manchuria, has proceeded north, and expects to attack Llao Yang, August 20. EXPECTSFINAL ATTACK AT ONCE Russians at Port Arthur Are Busy Strengthening Defenses. SPECIAL CABLE TO THE LONDON TIMES AND PORTLAND OREGONIAN. CHEFOO, Aug. 9. A Russian military official', who escaped from Port Arthur on board one of the Chinese junks which have been running the Japanese block ade since the siege of Port Arthur closed all communications by land, has arrived here. The officer, who left the Russian stronghold two nays ago, asserts that while the assaults by tho Japaneso land forces havo been maintained with con siderable regularity for the past 10 days, some of the actions being desperate In the extreme, the Russian defenders ex pected a final great attempt at storming the principal fortifications Monday night When the official boarded the junk pre paratory to leaving the city the soldiers Were engaged under their officers In a last effort to 'strengthen defenses in or der to present as stubborn resistance as possible to the expected attack. The ar rival of further news from Port Arthur Is eagerly awaited. More Rumors Port Arthur Has Fallen. ST. PETERSBURG. Aug. 8. The city is full of wild rumors that Port Arthur has fallen, due to reports from Chefoo of an other assault In which the fortress was taken by tho combined land and sea forces, though the Japanese lost three warships, including the protected cruis ers Chlyoda and Itsukushlma. It Is believed that the Japanese are still unable to capture the outerworks, much less the fortress Itself. Cossacks Approach Gensan. TOKIO, Aug. 9 (10 A. M.) A detach ment of Cossacks today approached Gen san, on the east coast of Corea, but re treated immediately. E00SEVELT DENIES CLEMENCY Negro Guilty of Criminal Assault Can not Escape on Insanity Plea. WASHINGTON, Aug. S. President Roosevelt has declined to Interfere in the case of John W. Burley, a negro confined In the jail of the District of Columbia, under sentence of death for criminal assault, the victim having been a little girl 4& years old. The President has directed that the sen tence ,of the jury be carried Into ef fect on August 2G, as decreed. An application was made to the President to commute the sentence of Burley to Imprisonment for life, It being- alleged that the prisoner was of mind so weak as to be irresponsible for his crime. The subject was re ferred to Attorney-General Moody. He Investigated- the case and reported to tho President today fully as to tfie facts. In -rejecting the application for the commutation of Burley's sentence President Roosevelt made the follow ing memorandum: White House, Washington. Aug. 8, 1904. Tho application, for the commutation of sen tence of John W. Burley Is denied. This man committed the most hideous crime known to our laws, and twice before he has committed crimes of a similar, though less horrible, chart! acter. In my Judgment, this is no justification whatever for paying heed to the allegations that he Is not of sound mind, allegations made after the trial and conviction. Nobody would pretend that there has ever been any such de gree of mental unsoundness shown as would make people even consider sending him to an asylum If he had not committed this crime. Under such circumstances) . he should certainly be esteemed sane enough to suffer the penalty tor his monstrous deed. I have scant sympathy with tne plea of In sanity advanced to save a man from the con sequences of crime, which, unless the crime had been committed. It would have been im possible to persuade any reasonable authority to commit him to an asylum as insane. Among them Is the dangerous criminal, and especially among those prone to commit this particular kind of offense there are plenty of a temper so fiendish or so brutal as to be Incompatible with any other than a brutish order of Intelli gence; but these men are nevertheless respon sible for their acts, and nothing more tends to encourage crime among such men than the belief that through the plea of Insanity ; or any other method it is possible for them to' escape paying the Just penalty of their crimes. The crime In question Is one- to the existence of which we largely owe the existence ot that epirft'of lawlessness which takes form In lynch ing, 'it Is a crime so revolting that the crim inal Is not entitled to one particle of sym pathy from any human being. It Is essential that the punishment for it should be not only as certain, but as swift as possible. The jury In this caso did Its duty by recommending the Infliction of the death penalty. It is to be re gretted that we do not have special provision for more summary dealing with this type of cases. The more we do to secure certain and swift justice In dealing with these cases; hht more effectively do we work against the growth of that lynching spirit which is so full of evil omen for this people, because It seeks to avenge one Infamous crime by the commitment ot another of equal Infamy. The application Is denied, and the sentence will be carried Into effect THEODORE ROOSEVELT. GREAT ITRE IN ST. LOUIS. Refrlgerator-Car Company Suffers a Loss of $250,000. ST. LOUIS, Aug. 9. The plant of the American Refrigerator Transit Company was almost entirely destroyed by fire to day entailing a total loss of about J250.000. The plant was valued at about $500,000. Tho most serious loss is the destrluction of 100 refrigerator cars worth about 51500 each, which were in the repair shops .and on side-tracks in the company's yards. It is believed that the fire originated by sparks from a passing locomotive. A first alarm was quickly followed by a second and almost immediately afterward by a third. The flames spread with marvelous rapioity ana a general alarm brought all the flre-flghtlng apparatus In the central portion of the city into action. Rush for North Dakota Land. ,JSBy?L'S LAKE' N- D- AuS 8.-From 3000 to 4000 strangers were In Devil's Lake today when the Government opened thp registration booth. Twelve hundred persons registered today. Reyes Assumes Presidency. BOGOTA, Colombia, Sunday, Aug. 7. (Delayed.) General Rafael Reyes assumed t office today as President of Colombia,, succeeding' Eenor Marroquin CONTENTS OF TODAY'S PAPEB Colorado Train Wreck. Eighty-two bodies are recovered and the search continues. Page 1. Bridge collapsed under train without tho least warning. Page 3. Flood carried several of tho cars several miles. Page 3. Porter proves himself a hero. Pago 1. Ballard. Wash., physician and . fiancee aro among the lost Page 1. National. Government abandons Harney Valley irri gation project Page 1. Roosevelt refuses to Intercede for negro found guilty of criminal assault and who now makes plea of Insanity. Page 1. Hay gives Turkey to understand that tho patience of America Is well-nigh ex hausted. Page i. Russo-Japanese War. General Stoessel, in command at Port Ar thur, Is reported to have committed sui cide. Pago 1. Famine conditions' at Port Arthur aro be coming appalling and hospitals are crowded with sick and wounded. Pago 1. Japaneso fleet meets reverse off Port Ar thur. Page 2. Anent Seizure-of Ships. Hay makes plain statement as to what should be regarded contraband goods Pagu 4. British steamer Calchas, from Tacoma, seized by Russians, is towed Into Vladi vostok. Pago 4. Domestic. New York butchers will Join the packers' strike. Page C. Political. Democratic Executive Commltteo decides to open no headquarters in the West. Page 3. Cortelyou opens Republican headquarters in New York. Pago 3. Lamont will not be a candidate for Gov ernor of New York. Page 3. J. S. Graham bolts from Marion County llno-up for Kay as Speaker of Houso of Representatives. Page 4. Sports. Horse, races open at Irvlngton. Pago 8. Portland Kennel. Club meets tonight to con sider objectionable rule of league. Page 8. Pacific Coast. 'State Supreme Court decides that Portland Chief of Pollco must stop gambling de spite official orders. Page 1. Bids for sale of Grand Rondo Reservation lands opened at Oregon City. Page 5. Government wireless system from Nome to St. Michael open. Page 5. Portland and Vicinity. Denver makes strong bid for permanent headquarters of Mining Congress. Page 10. Progress made checking forest fires. Page 12. Prohibitionists oppose Bishop Potter's plan . to' found model saloons. Page 12. Oregon Congressional delegation recommends men for minor offices. Page 12. Finding ot alleged missing heir may cause county to lose valuable farm. Page 0. Prohibitionists propose to call county elec tions under local-option law. Page 0. O. R. & N. crop reports. Indicate very big harvest, Pago 14. School Board lays In good stock of fuel for Winter. Page 7. Prominent Callfornians will visit Portland to make arrangements for, exhibit at Fair. Page 12. Commercial and Marine. Oregon hop crop progressing favorably. Page 13. Advance in wheat not maintained at San Francisco. Page 13. Four-cent advance in Chicago wheat mar ket Page 13. Stock market weakened by reports of crop damage. Page 13. Schwerln declines to give Portland shippers relief. Page 0. Schooner Zampa rescued from North Beach. Pago 0. . , Nation Decides " Not to Enter Harney Valley. FLOW OF RIVER TOO SMALi State Segregation Under Carey Act Now Probable. PROTEST IS NOT RECOGNIZED' Livestock Company Must Go to Court to Secure Decision as to Whether Irrigation Concern Would In fringe on Its Rights. OREGONIAN NEWS BUREAU, Wash ington, Aug. 8. There is to be no Gov ernment irrigation in Harney Valley in Eastern Oregon. This fact was brought to light today by a ruling of the Acting Secretary of the Interior, dismissing the protest ot the Pacific Livestock Com pany against the application of tho State of Oregon for segregation, under the Carey act, of 3S.345 acres of land along the Sllvies River, near Burns. Some time ago the state asked for segre gation of this land In order that the Har ney Valley Improvement Company might irrigate it under a contract with the state. Immediately after tho filing of this request, the stock company rushed in with a protest, first on the the repre sentation that the land Is not arid, and second, on the ground that the Harney Valley Company proposed to use the water right which Is already vested in the Pacific Livestock Company. The matter was referred to the Geo logical Survey, and after due examina tion a report was seht back to the In terior Department in which It was ex plained that the carrying out of this project by the Harney Valley Company would seriously Interfere with the then proposed plan of the Government to irri gate lands in Harney Valley. The Geo logical Survey went further and ex pressed the opinion that the plan of the State of Oregon, under Its contract with , the - Harney -Valley Improvement! "Com pany, was not a' feasible one On this re port tho General Land Ofllce recom mended that the state's application be rejected. Held Unfeasible a Second Time. The Secretary of the Interior, however, thought more light should be thrown on the matter, and sent all the papers back to thfc Geological Survey, which In tho meantime had been pursuing investiga tions in Harney County to determine its Irrigation possibilities. The .Geological Survey again expressed the opinion that the state's plan was unfeasible, because of the scarcity of water, but withdrew any opposition to the approval of tho state's request for the segregation of the lands, as It had been decided to abandon the Government project which contem plated storing the water of Silvles River. Acting Secretary Ryan holds that if the lands which the state has asked be segregated are known to be arid In char acter, such segregation shall be made, and he has directed that tho General Land Office determine the character of the lands and proceed accordingly. If the Harney Valley Improvement Com pany contemplates encroaching upon vested water rights of the Pacific Live stock Company, that dispute must be settled in the courts. The Interior De partment holds It has no jurisdiction over this matter. The Interior Department Is satisfied there is not enough water in Harney Valley to justify the Government under taking, tho construction of an Irriga tion enterprise there, but if private capi tal is willing to go ahead, under a con tract with the state, tho Government will Interpose no objection. Whether the vested rights of the Pacific Livestock Company will Interfere with the N plans of the Irrigation company remain to bo determined in the courts. Northwest Postal Orders. OREGONIAN NEWS BUREAU, Wash ington, Aug. 8. Rural free delivery ser vice was today ordered established, Sep tember 15, at Sclo, Linn County, Or., with one carrier. Postmasters were appointed today .a3 follows: Oregon Beuna Vista, F. C- McRey nolds, vice Mattle J. Lee, resigned; Par kers, Julia A 'Boone, vice William Pow ell, resigned. Washington Long Branch, William C. Faulkner, vice M. J. Bullls, resigned. APPROVES THE EEPEMAND. Roosevelt Passes on Case of Postmas ter of Philadelphia. WASHINGTON, Aug. S. The President today approved the report of the Civil Service Commission recommending that Postmaster McMlchael, of Philadelphia, be reprimanded as a result of the investi gation of the charges filed by Robert B. Jenks, secretary of the Civil Service Re form Association of Philadelphia, alleging political discrimination in Postmaster Mc Mlchael's selection of employes. Sully Unable to Meet Agreement. NEW YORK, Aug. 8 Daniel Sully & Co. today Informed their creditors that they would be unable to carry out the proposi tion made to the creditors last month to pay off 40 per cent of the claims In cash, with 10 per cent additional In the form of 90-day notes, because certain Individual creditors would not withdraw their claims. The firm therefore will go into liqullatlop j