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SMITH 18 RETIRED
Admonished by President for
"Kill and Burn" Order.
CONVICTED BY COURT-MARTIAL
Incited His Sabordlnatei to Act "With
Violence 'and Thereby Brought Ills
Own Usefulness In the Army
to an End.
.
General Jacob H. Snith, who Issued f
the "kill and burn" Instructions to
Major Waller, In the Samar campaign,
haa been retired by the President. In
reviewing the case, the President says
the General, by his loose and violent
talk to subordinates, has Interfered with
his further usefulness in the Army, and
be orders his name taken from tho act
ive list.
WASHINGTON. July 16. Secretary Root
"brought from Oyster Bay the case of
General Jacob H. Smith, tried by court
martial at Manila, on account of orders
Issued by Major Waller. ( General Smith
was found guilty of the 'charges by the
court, and sentenced to be admonished by
the reviewing authority. The President
has so admonished General Smith, and re
tired him under the law which provides
that officers having reached the age of
62 years may be retired at will by the
President. Secretary Root supplements
the reprimand dt President Roosevelt In a
long circular. In which he explains the
conditions which resulted in the court
martial of General Smith, and shows that
although Smith Issued the "kill-and-burn"
order, as a matter of fact very few per
bons were killed as a result of that order,
the casualties being confined almost whol
ly to the 11 natives killed under Major
Waller's direction.
The President's. Review-.
Following Is the text of the President's
review of the case:
"White House, Washington, July 14.
By the President: The findings and sen
tence of the court are approved. I am
well aware of the danger and great diffi
culty of tho task our Army has had In
the Philippine Islands, and of the well
nigh intolerable provocations it has re
ceived from the cruelty, treachery and
total disregard of the rules and customs of
civilized warfare on th part of Its foes.
I also heartily approve the employment
of the sternest measures necessary to put
a. stnn to Ktich ntrnMflpji nnA tn Virlnt? this
&HwarLAo -aleJoaer-wIiT- would 'be culpable Xo
show weakness In dealing with such foes
or to fall to use all legitimate and honor
able methods to overcome them.
"But the very fact that warfare Is5 of
such character aB to afford Infinite provo
cation for the commission of acts of
cruelty by Junior officers and enlisted men
must make the officers In high and re
sponsible positions peculiarly careful In
their bearing and conduct so as to keep a
moral check over any acts of an Improper
character by their subordinates. Almost
universally the higher officers have so
borne themselves as to supply this
necessary check, and with but few excep
tions the officers and soldiers of the Army
have shown wonderful kindness and for
bearance In dealing with their foes.
"But there have been exceptions; there
have been Instances of the use of torture
and of Improper heartlessness in warfare
on the part of individuals or small
detachments. In the recent campaign
erdered by General Smith, the shooting of
the native bearers by the orders or Ma
jor Waller was an act which sullied the
American name and can be but partly
excused by Major Waller's mental con
dition at the time, this mental condition
being due to the fearful hardships and
suffering which he had undergone In'his
campaign. It is impossible to tell ex
actly how much influence language like
that used by General Smith may "have
had In preparing the minds of those un
der him for the commitment of deeds
which we regret. Loose, and violent talk
by an officer of high rank Is always
likely to excite to wrong-doing those
among his subordinates whose wills are
weak or whose passions are strong.
"General Smith has behind him a long
career distinguished for gallantry, and
on the whole for good conduct. Taken in
the full, his work has been such as to re
flect credit upon the American Armv. and
therefore upon the Nation, and It Is deeply
to be regretted that he should have 50
acted in this Instance as to Interfere with
his further usefulness, in the Army.
"I hereby direct that he be retired
from the active list.
"THEODORE ROOSEVELT."
Secretary Root's Revlevr.
The following Is the review of Secretary
Root:
"War Department, Washington. July 12,
1S02. To the President: I transmit here
with the record and proceedings upon the
trial of Brigadier-General Jacob H. Smith
by court-martial, convened by your order,
dated April 21..1902, and now brought be
fore you as reviewing authority.
"General Smith was found guilty of conduct-
to the prejudice pf good order and
military discipline In that he gave, in the
Fall of 1901. to Major L. W. T. Waller, of
the Marine Corps, then serving with a
battalion of marines under his orders, as
commander of the Sixth Separate Brigade
In Samar, the following oral instructions:
I want no prisoners. I wish you to kill
and burn. The more you kill and burn
the better you will please me.' And,
further, that he wanted all persons killed
who were capable of bearing arms and
in actual hostility against the United
States, and did, in reply to a Question of
Major Waller, asking "for an age limit,
designate the age limit at 10 years of age.
The court sentenced him to be admon
ished by the reviewing authority, and the
court appended to the sentence the following-
explanation: 'The court Is thus lenient
in view of the undisputed evidence that
the accused did not mean everything that
his unexplained language Implied, that
his subordinates did not gather such
meaning, and that the orders were never
executed In such sense, notwithstanding
that a desperate struggle was being con
ducted with a cruel and savage foe.'
"An examination of the evidence has
satisfied me that the conviction was just,
and that thf reasons stated for the very
light sentence Imposed are sustained by
the facts. General Smith, in his conver
sation with Major Waller, was guilty of
intemperate. Inconsiderate and violent ex
pressions, which. If accepted literally,
would grossly violate the humane rules
governing American Armies In the field,
and If allowed would have brought last
ing disgrace upon the military service of
the United States. Fortunately, they
were not taken literally and -were not fol
lowed. No women or children or helpless
persons, noncombatants or prisoners were
put to death In pursuance of them. An
examination of the record and proceedings
upon the trial of Major Waller, which Im
mediately preceded that of General Smith,
shows that the instructions in question
bore no relation to the acts for which
Major Waller was tried, and were not al
leged by him as Justification for those
acts.
"Major Waller was tried for causing
certain natives, who had acted as bearers
or euldes of one of his expeditions, to be
put to death for treachery, without proper
trial; and he defended his action, not upon
the ground of any Orders received from
General Smith, but upon the ground that,
as commanding officer,, he- was Justified
by the laws of war; that General Smith's
written and printed orders, and the actual
conduct of military operations in Samar,
were Justified by the history and conditions
of the warfare with the cruel and treach
erous savages who inhabited the Island
and their entire disregard of the laws of
war, and were wholly within the limita
tions of general order No. 100; of 1863, and
were sutaincd by precedents of the high
est authority. Thus, In 1779, Washington
ordered General Sullivan, In the campaign
against the Six Nations, to seek the total
destruction and devastation of their settle
ments. He wrote: 'But you will not by
any means listen to overtures of peace
before the total ruin of their settlements
Is effected. . . . Our future security will
be in their Inability to Injure, the distance
to which they are driven, and In the terror
with which the severity of the chastise
ment they receive will inspire them.'
"The Fort Phil Kearney massacre of
1S66, for base treachery. revolUng- cruelty
and the conditions of serious danger which
followed it did not approach the massacre
of Balanglga In Samar, In September, in
1&0L There the natives had been treated
with kindness and confidence. Liberty
and self-government had been given to
them. Captain ConnelL. the American
commander, wa3 of the same faith and
had bten worshiping in the same church
with them. With all the assurance ot
friendship, our men were seated At their
meal, unarmed, among at: apparently
peaceful and friendly community, when
they were set upon from behind and
butchered and their bodies, when found
by their comrades the next day, had been
mutilated and treated with indescribable
indignities. Yet there was no such se
verity by American soldiers in Samar as
General Sherman proposed toward the
Sioux after Fort Phil Kearner. It Is due,
however, to the good sense and self-restraint
of General Smith's subordinates
Rnd their regard for the laws of war,
rather than to his own self-control and
judgment, that his Intemperate and un
justifiable verbal Instructions were not
followed, and that he Is relieved from the
Indelible stain which would have resulted
from a liberal compliance with them.
"It is due to a general officer, whose
age and experience have brought him to
high command, not to Incite his subordi
nates to act so with violence, but to so
explain to them the application of the
laws of war and the limitations upon their
conduct as to prevent transgressions upon
their part and supplement their compara
tive inexperience by his wise control. In
this General Smith has signally failed,
and for this be has .been Justly convicted.
-AAt-hough . tb sentence imjjosed is ex
ceedingly llght.it carrles'wlta It a, con
demnation which, for an officer of his
rank and age-, is really a severe punish
ment For Jhls reason, and for the fur
ther reason that General Smith has served
his country long and faithfully, has ex
hibited high courage and good conduct
in many battles, has been seriously
wounded in the Civil War and in the War
with Spain, and Is about concluding a long
and honorable career as a faithful and
loyal servant of his country. I recommend
that the mild sentence imposed be con
firmed. Should you approve the findings
and sentence of the court In accordance
with this recommendation, I feel bound to
say further that. In view of the findings
and sentence, and if the evident infirmities
which "have made It possible that the
facts found should exist. It Is not loncer
for the Interest of the service that Gen
eral Smith should continue to exercise
the command of his rank. His useful
ness as an example, guide and controlling
influence for the Junior officers of the
Army Is at an end; and as he I3 already
upward of 62 years of age. I recommend
that you exercise the discretion "vested In
you by law. and now retire him from act
ive service. ELIHU ROOT,
"Secretary of War."
CONTENTS OF TODAY'S PAPER.
Domestic.
General Jacob II. Smith was admonished by
the President and retired. Page 1.
Thirty-five miners perished in the Daly-West
disaster, at Park City. Utah. Page 1.
The Lafollette Republicans of Wisconsin won
their right over Spooner- Page 2.
Wyoming Republicans renominated Governor
Richards. Page 2.
The Chicago frelghthandlers' strike was de
clared off. Page 3.
Forelarn.
China appeals to the United States to help her
In the Indemnity trouble. Page 3.
Big rebellion being organized by ex-Boxer lead
ers. Page 3.
Repairing the Campanile of St. Marks, at Ven
ice. Page 3.
Philippines.
There Is a break in the negotiations with the
Vatican. Page 2.
Governor Taf t will proceed to Manila. Page 2.
Ladrones attacked native constabulary near
Manila. Page 2.
Cholera Is spreading In the Islands. Page 2.
Sport.
Portland beat Spokane, score 7 to 1. Page 5.
Seattle beat Helena, score 4 to 2. Page 5.
Tacoma beat Butte, score 4 to 3. Page 3.
Second day of the golf tournament at Glcnvlew.
Page 5.
Commercial and Marine.
British ship Sierra Hstrclla arrives after a long
passage from Liverpool. Page 12.
Schooners Ariel and Fred J. Wood clear for the
Orient. Page 12.
Transport Grant, which cost fl.100.000. will
not sell for more than fol.COO. Page "12.
Gates buys more July corn, thus refuting his
statement that be will not support It. Pace
13.
Stock market Is very bullish. Page 13.
Pacific Coast.
Mrs. Mary Waggoner, of Napavlne, Wash., will
claim reward for capture of Merrill. Page 4.
Sheriff Cudlhee has dropped out of sight, and
Is undoubtedly on a still hunt for Tracy
Page 4.
Prisoner In Astoria City Jail hangs himself.
Pare .
Grain elevator flrb causes loss of 30,000 at
Moscow. Idaho. Page 4.
Indications are that harvest hands will be
scarce In Marlon County. Page 4.
Portland's command of livestock field should
give It meat-packing Industry equal to Kan
sas City. Page 1. .
Portland and Vicinity
Proposal to move oil tanks submitted to City
Council. Page 14.
Site for proposed soldiers' monument located on
Sixth street. Page 11.
Insurance compact will lower Insurance rates
If flreboat Is Drolded. Page 10. '
Ross Island proposed as site for Lewis and
Clark Fair. Page 8.
A. O. U. W. elects grand officers. Page If.
Frawle and .Nelll unite In theatrical enter
prises. Page 7.
THIRTY-FIVE DEAD
Extent of the Disaster in the
Daiy-West Mine.
RESCUEWORKBEGINSPROMPTLY
Volunteers Succumb to Deadly Gases
Accident Caused by Explosion of
Powder Magazines Mine
' Not Dantaged.
PARK CITY. Uta.h, July 16. This city
and camp are today plunged in the deep
est grief that they have ever experienced.
The cause of their sorrow is the accident
that occurred last night In the Daly-West
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TVEHilASl S3HTH, OF BAKER. CrTx.
Hon. William Smith, of Baker City, who was yesterday elected master work
man for -Oregon division, A. O. U. W.. Is one of the most popular and Influential
citizens of Eastern Oregon. He Is engaged In a lucrative law practice In his
home town, and takes 'a prominent part In Democratic politics. He was elected
to the State Senate from Baker, Harney and Malheur Counties In 180S, but was
recently defeated by John L. Rand for the same position. Two years ago Mr.
Smith ran for Congress, and was beaten by vHon. M. A. Moody. He belongs to
several fraternal organizations, and Is especially Interested In the A. O. U. W.
and Ontario mines an accident that
brought death to 35 mcu, 29 in the Daly
West and elx in the Ontario. '
The disaster was the result of an explo
sion occasioned by John Burgy, a miner,
going into one of the magazines' of tne
Daly-West with a lighted candle. His act
cost him his life and the lives of many
other miners besides. His own body was
blown to atoms. Not a fragment of his
remains has been found All of the
other victims are recognizable, their faces
being easily identified by relatives and
friends.
The explosion occurred at 11:20 last
night, and in a twinkling the most deadly
gas was being generated throughout the
mlnee. It crept through every tunnel
shaft acd Incline, and in a very short
space of time, scores of miners found
themselves face to face with death. It
is not known how much powder was ex
ploded, but whatever amount there was
there went off with a terrible concussion.
The shock was something terrific, and
was heard for a long way, although it
was nearly 2 o'clock before It was known
In Park City, a distance of three miles.
When It Is stated that a horse was
killed at the mouth of the Ontario tunnel,
two miles away, some idea of the force
of the explosion may be had. The ani
mal was in use at the entrance to this
part of the mine, and was hurled against
the wall and machinery with such vio
lence as to be killed outright. Two other
horses were also killed, the latter In the
Ontario almost as great a distance away.
That the loss of life was not far greater
than It Is seems marvelous.
"Worlc of Rescue.
The work of rescuing the Imperiled and
dead was quickly and heroically under
taken. Men were brought to the surface
Juoff as fast as the disabled machinery
would permit. The victims had to be
brought up the shaft in a one-compartment
cage, one of the compartments hav
ing been wrecked by the explosion. Every
man who went down with the first rescu
ing party was overcome by the deadly
gas, and It was with the utmost diiticulty
that the machinery was kept in motion.
There were hundreds of brave volunteers, ;
scores of them willing to go down into tne
depths and risk their lives in the worlc of
rescue. They fairly filled the Daly-West
shafthouse to overflowing. No man asked
.if It were safe to go down Into the mine.
but each requested that he be allowed to
go and help bring those In danger, and
those who had already passed beyond all
earthly aid, to the surface.
Over In the Ontario, which Is connected
with the Daly-West, six men are dead.
Eight escaped by the way of the Anchor
tunnel. Two of the dead are rescuers,
John McLaughlin and John Eckstrom. The
body of the latter Is still In the mine.
When it was apparent that all remain
ing men in the mine were dead, and that
further rescue work would be futile. It
was stopped for the time being, and at
present nothing Is being done to recover
the other bodies, nor will anything be
done in that direction, until after some of
the deadly gas generated by the explosion
has passed out of the mine. As the dead
were hoisted to the surface and laid out,
they were quickly identified by relatives,
comprising wives, children, brothers and
sisters and friends. Their grief was aw
ful to behold, and anguish was written on
every face. Occasionally the deepest fear
and eorrow would be dissipated by seeing I
a dear one coming from the mine, unhurt
and safe, but frequently It would be in
tensified by seeing that the one for whom
they were waiting and seeking diligently
was among the dead. The bodies, as they
lay in the night air, presented an uncanny
and gruesome spectacle, and altogether
there was an appearance of a great charnel-house
Into and out of which hundreds
of excited and sorrowing people ran hither
and thither llko specters in the night.
The task of bringing down the dead
from the mine farther up In the mountain
was a sad and painful task. They were
carried in heavy wagons principally,
though some lighter vehicles were pressed
Into service. Most of the conveyances
formed Into a funeral procession and
drove down to Park City.
List of the Dead.
Following is a revised list of the dead
recovered from the Daly-West:
john Mclaughlin, single.
JOHN BURGY. single.
MIKE.CONLIN. single.
CHRIS CULLEN. single.
- JOHN DEVLIN, single.
HARRY DEVLIN, single.
RICHARD DILLON, single.
JOHN FEATHERSTONE, married.
JOHN GILL, single.
WILLIAM LANCE, single.
JOHN LIVELY, single.
JOHN MALONEY. single.
JAMES MURRIN. single.
THOMAS McKOWAN, single.
JOHN McAULIFFE. single.
ELIAS NELSON, single.
WILLLVM SIMS, single. ,
J"B. TINDELL. married.
W. A. WEGGELAND. married.
EDWARD HALL, single.
WILLIAM HARTIN. single. '
Dead remaining In Daly-West:
JOHN ECKSTROM. 'single.
MIKE CROWLEY, single.
JOHN CARNEY, single.
PETER HARAN, single.
ROY JACKMAN. married.
THOMAS A. KELLY, married.'
CHARLES McALINDEN. 3ingle.
P. M. O'NEIL. single.
Dead at the Ontario:
GEORGE GARVIN, married.
WILLIAM SWEVELL. single.
STEVEN BARRATA. single.
CHRIS P. SADERUP, married.
W. F. THOMAS, single.
CHARLES NEINE, single.
Rescuers In Danger.
Nearly every man who went down the
Daly-West shaft for the rescue work was
rendered unconscious from the noxious
gases. All but 'two, however, were soon
revived by the physicians who had been
hastily summoned from the city and Salt
Lake. Johnnie McLaughlin and John Eck
strom, of the rescue party, after having
made several descents, became uncon
scious while working in the 1200-foot level,
and the men with them, who were also
staggering from the effects of the gas,
could not get the unconscious men to the
cage and were forced to leave them in
order to save themselves. On arriving at
the surface, one of the party said Mc
Laughlin was still alive. Another crew at
once volunteered to go after McLaughlin
and Eckstrom, but. owing to the fear that
more lives would be sacrificed, the cage
was not lowered again for 30 minutes.
When it returned to the surface It bore
McLaughlin, who was barely alive. The
physicians worked hard to save him, but
he expired a few minutes later. Eckstrom
was reported dead.
The body of George Garvin was found
only 200 feet from the powder magazines,
and was not mangled, which leads to the
belief that the mine sustained no great
damage by the explosion. The miners
who escaped state there were no smoke
or fumes in the mine, and the air wa3 so
clear and apparently pure that the men
, jd not reanze they were being asphyx-
iated.
Stoclc Owned In Cincinnati.
CINCINNATI, July 16. Most of the
stock of the Daly-West Mining Company
Is held In this city, and the news of the
disaster caused great excitement here
among the stockholders. The president
of the company Is an ex-Clncinnatlan.
and he first floated his stock here. The
bank of Sepltz & Voll. local agents of
the Daly-West Company, was crowded
with anxious Inquirers, who have been
getting large profits, and who soon saw
the quotations lowered.
Mine Stoclc Drops.
SALT LAKE CITY, July 1C On the lo
cal mining stock exchange this morning
Daly-West dropped from $54 to ?4S a share,
a lossof over $1,000,000 on the entire cap
ital stock.
G MEAT INDUSTRY
Portland Could Do as Much
as Kansas City.
A FAVORED LIVESTOCK MARKET
Adequate Stockyards and Packing:
Houses Would Develop Business
in Northvrest to Enormous Pro
portions in Few Years.
Portland Imports annually 325 car
loads of hams and bacon. 0.000,000
pounds, worth ?1.250.000. and 3,000,000
pounda of lard, worth S425.000; all this
In addition to tho products of 45.000
hogs packed locally. Tho available
market for local packing-houses com
prises, besides the 12,000,000 pounds of
lard, hams and bacon distributed In
the state. 36,000,000 pounds of the same
products that Chicago. Kansa3 City
and Omaha are sending to Puget Sound
and Alaska. A rapidly growing trade
beyond tho Pacific la available for
Portland packers. If establishments ot
adequate capacity were here to handle
it. Greatly Increased stockyard facil
ities and large packing-houses are re
quired to handle this Industry, for
which Portland offers adantages su
perior to those ot any other city on the
Pacific Coast.
Recent agitation for beter stockyard
facilities in Portland and for large packing-houses
to be located here has brought
to light some surprising facts. The re
sults of the Investigation by agents of
the railways and packing-house interests
show the possibility of establishing here
a meat-packing Industry that will far
exceed In commercial and financial Im
portance the great business in wheat ex
portation, upon which the country has so
largely grown up. Men competent to
Judge of the matter say that meat-packing
establishments at Portland could
draw to this city a business in livestock
and livestock products equal to that done
In Kansas City.
Portland's position relative to the great
livestock-producing country of the in
terior is such that prices are always one
half to three-quarters of a cent a pou'-d
lower here than In any other city of the
Pacific Northwest. This Is a fact of tre-
jifA4jBMLndous significance, because it may z"
resent tne uinerence Detween success tu'u
failure In the packing business. Seattle
and San Francisco buy livestock In the
Portland market for consumption and
packing in those towns. The difference in
price Is due to the fact that one locomo
tive can haul 40 loaded cars to Portland
and only 10 to the more northern towns
isolated from the producing district by
tall chains of mountains. Livestock grav
itates to Portland from Eastern Oregon,
Eastern Washington, all of Idaho and a
large part of Montana. The advantages
of shipment this way are so great that
cattle by the trainload bound from tho
Montana ranges for the Seattle market
pass through Portland. Seattle now has
the largest packing-house on the Coast.
Livestock men say that the sole reason
why Portland does not control the en
tire meat-packing business ot the Pacific
Northwest is the lack of packing-houses
to handle It. They also say that the
business would grow with great rapidity
under the stimulus of the Increasing for
eign demand if there were packl-ng-houses
here to give something of the Eastern
stability to market quotations. The great
meat-packing business Is In hogs chieliy.
Nambcr of Horh Available.
The most successful cattle and hog
feeder in Gilliam County writes that his
county Is able to supply 10,000 hogs for
this year, and he adds this comment:
"If market conditions at Portland could
be put upon the same stable basis that
they are at Missouri-River points, by the
establishment of good packing-houses in
that city, e could Increase this output
of hogs 300 per cent,"
A Wallowa Valley correspondent says:
"Give us a market we can depend upon
and this county will raise 100,000 hogs 'for
It every year."
Wasco County comes with a promise of
50 000 hogs a year, Sherman County 50,000,
Union County 100.COO. and Klickitat Coun
ty. Washington. 75,000. The Palouse coun
try will turn out 250,000. and the Clear
water Valley 150.000 annually. The Wil
lamette Valley will have for market this
year 100,000 hogs, next year 250.000, and
after that 1,000,000 every year if Port
land will provide the packing-houses for
them.
Reports from a number of representa
tive wheatraisers east of the Cascade
Mountains indicate that Eastern Oregon
and Eastern Washington can send to
Portland in 1903 l.COO.OCO hogs if the facili
ties for packing them shall be provided
here. The hog-feeding- possibilities of all
that vast wheatraislng; territory are un
known and impossible in the cornralsing
and feeding states of the East. Scores of
Eastern Oregon wheatgrowers have given
It as their experience that every 100-acr
wheat farm can produce 50 hogs that will
weigh 250 pounds each when 10 months old
without a dollar's worth of merchantable
wheat having been put Into them. These
farmers last year sent to market carload
after carload of fat hogs that had spent
their entire life upon the fields of volun
teer rye. wheat and barley and on the
stubble fields. Such men, by boring wells
and fencing to restrain the hogs, havo
solved the problem of saving the waste
which modern methods of wheat harvest
ing entails. This experience means that
the many millions of acres of wheat land
immediately tributary to Portland may In
the near future 6eml 2.C00.000 hogs to thl3
market, even though every bushel of mer
chantable wheat be also sold. But sec
tions of wheat country that are a long
distance from a railroad are already increasing-
the hog output by feeding gooS
wheat. Experience has shown many
wheatraisers that when hogs are worth 4
cents a pound, wheat can bo marketed
thrpugh those animals for 75 cents a bush
el. Hogs now brine; ( to 7 cents.
It Is estimated that, under tho stimulus
of the steady demand which a prcper
packing-house industry would create,
Portland would get annually from the re
gion east of the Cascades 2,500.000 hogs
Concluded on Second Page.)