THE MORNING OREGONIAH, MONDAY, NOVEMBER 28, 1904.
FIGHTWITH FURY
Japanese Swordsmen
Charge on Forts.: -
taou, but tho attack -was completely re
pulsed "by us.
The enemy's artillery posted to tne
east of Ta' Mountain" vigorously" shelled
latzu, from 2 o'clock in the afternoon,
of November 25, but we suffered no flam-
age.
"On the right bank of the Hun River
body of the enemy's cavalry attacked
Mamacbles on November 25, but was
driven back by our f orcp.
.November z tne .enemy Bet ure to
Shangtsaimen and most of the .village
Vasr burned." " -
PARAPETS ARE .ASSAILED
Terrible Hand-tb-Hand; Con
flict at Port Arthur.
ATTACKERS ARE DRIVEN OFF
.GArjRISON IS STUBBORN.'
Refuse to .Yield to Advancing -Forces
Cj of the Mikado.
TOKIO. Nov. "27 S:30 "P. -M-) Imperial,
headquarters has Just Issued the fpllow-
3ns announcement: ; :
"The. works for. our attack .having been
nearly- completed against Sungshu -Moun
tain (Port Arthur,), and the forts lylniFj
eastward therefrom, a general assault
was- made- on the afternoon of -November
26, but owing to the enemy's stubborn re
sistance our object has not yet 'been ac
complished. v .
"The fighting still continues.
Cable From Toklo Speaks in Highest
Praise of the Valiant Action of
' the .Russian Defenders
Battle Is Still On.
SPECIAL, CABLE.
TOKIO, Nov. 28. Official advices re
ceived at the "War Office from Japanese
headquarters at Port Arthur state the
general attack upon the fortress, which
began in the afternoon of November 26,
Is Btlll in progress. That day was one of
disappointment to the Japanese.
Generals Nakamura 'and Balto, leading
specially trained bodies of swordsmen,
charged into the forts, utterly regardless
of the withering fire diected at them.
Many of the attackers were shot in their
tracks, but the others continued the wild
rush over the bodies of the dead and
wounded and finally reached the parapets.
The attack was directed mainly against
the Eungshushan and Ehrlungshan forti
fications and the northern forts of East
Keekwanshan. Simultaneously many other
Japanese detachments brought mountain
and field guns within range of the points
of attack. While the swordsmen escalad
ed the parapets and hurled themselves
against the defenders, the guns shelled the
breastworks with awful results.
Dead and wounded rolled down the in
cllned approaches. Soon the attack,
which was meant to be an onslaught of
such overwhelming force that It would
sweep the parapets clear of their defend
crs, developed into a hand-to-hand fight
of such fury and fierceness as eclipsed any
that has occurred since the beginning of
the siege.
The valor of the defenders might well
be termed unparalleled. In the face of the
well-aimed slashes of determined swords
men and the havoc wrought by the Jap
anese shells they gradually drove back
the attackers. Hundreds fell, killed or
disabled. Rifles were thrown away and
swords took their place, and after a while
even these weapons became useless so
close was -the fight.
As the evening progressed it developd
into fights of man against man. hundreds
of them locked In deadly embrace at one
time, the Russians endeavoring to drag
their antagonists over the edge of the
breastworks the. Japanese straining every
muscle to hurl themselves with their vic
tims down the inclines leading to the Jap
anese approaches.
When this state had been reached the
Japanese guns became useless. A single
shell would have killed as many friends as
foes. Then the fight began to grow un
even, and the order was given to retire.
The losses on either side have not yet
been estimated.
STORM RAGES AT MUKDEN.
Skirmishes Are Carried on Under
Cover of Snow Storms.
MUKDEN, Nov. 27. A terrible storm
was experienced here on Saturday, and
residents expect a repetition of such
weather, coincident with typhoons off the
coast, until March. The temperature now
Is below freezing. The Inhabitants of the
leaky huts are in a pitiable condition,
The war has reached such a phase that
the Interest of small skirmishes is very
slight. Every oneV has been looking for
a big battle, but though reinforcements
continue to arrive, and both sides conun
ue to Intrench, a general engagement ap
parcntly Is as far off as ever. No one
now discusses the subject. A number of
commanders are drilling their men as In
time -of peace.
More interest Is expressed here In the
late of Port Arthur and Its ability to hold
out against the Japanese than In what
Is happening at close quarters.
There have been the usual small sklrm
ishes. Vilmanstranskls' sharpshooters
took a Japanese advanced position Sat
urday, driving out the Japanese at the
point of the bayonet. The latter left 30
dead, and tne Russian loss was mree
The Japanese attacked the Russian lines
at several places, taking advantage of a
snow storm on one occasion, but In all
cases were repulsed.
The village of Erdago continues to be
the scene of frequent small fights. The
Japanese made a tentative attack there
on November 23, but did not attempt to
push home the attack in the face of the
Russian arunery nre.
FIGHT IN FOG AND BLIZZARD
Skirmish on the Left Flank at the
Front in Manchuria.
ST. PETERSBURG, Nov. 27. General
KuroDatkln telegraphs a description of
a Japanese attack. November 21, against
a Russian detaenment near .usinKnetcnen
(Yendientien) on the front of the left
flank.
"The fighting," General Kuropatkln
says, "was fierce, almost amounting to
a bayonet engagement, but the enemy
were everywhere repulsed and suffered
severely- The attack was renewed the
following morning, the Japanese having
been reinforced, but again were repulsed
and at 4 o'clocK In the afternoon a bllz
sard and fog greatly hindered artillery
fire. The Japanese continued to advance
under cover of the fog but our forces
held their positions and the fire subse
quently slackened. The Russian losses
were nine killed and 57 wounded.
"On November 26. the Japanese
sumed the offensive and endeavored to
envelope our left flank whilst advancing
against our center.
"I have received no later reports."
General Kuropatkln also describes the
bayoneting of 20 Japanese belonging to
a patrol during a reconnaissance the
night of November 25.
SHELLS DO NO DAMAGE.
Japanese at Front Do Not Suffer
From Russian Fire.
TOKIO. Nov. 27 (6:45 P. M.) Manchu
rian headquarters, reporting today, says
"From the night of November 25 until
the morning of November 26 a body of
the enemy's Infantry attacked our troops
in the vidnlty of Slntungtun and Sh-
HANGING IN HIS CELL
Body of Mysterious German
Prisoner Found by Jailer.
ARRESTED AS A HOTEL THIEF
RETIREMENT OF ALEXIEFF.
Czar Says It Is Done at Request of
Commander of Army and Navy.
ST. PETERSBURG, Nov. 28. (6:27 A. M.)
A letter from Emperor Nicholas to' Ad
miral Alexleff Is "officially published, say
ing that in relieving Afexieff at his own
request from command of the army and
navy in the Far East, the Emperor wishes
to thank him for the skill and courage
with which he discharged the arduous
duties, and as a testimonial for his serv
ices creates him a cavalier, third rank, of
tho Imperial Order of St. George.
SUBMARINE AT CRONSTADT.
Two Boats Were Purchased Through
a New York House.
CRONSTADT, Nov. 27. The two Lake
submarine boats purchased by Russia
through a New York shipping house have
arrived and will be shipped to Vladivostok
by rail.
Studying Japanese Transportation.
TOKIO, Nov. 27. General William
Nicholson. Director-General of the Mili
tary Intelligence of the British War Off
Ice. has recovered his health and left
Toklo for the front tonljht. General
Nicholson Is making a special study of
the Japanese methods of transportation.
Failed to Turn Flank.
ST. PETERSBURG. Nov. 27. The Jap
anese attempt to turn General Rennen
kampffs left, as reported by General
Kuropatkln, has failed, according to
dispatch from Mukden which has been
received here.
Chefoo Is Without News.
CHBFOO. Nov. 27. Chefoo Is today
without news regarding the progress of
the operations at Port Arthur.
VOLKERSAM'S DIVISION SAILS.
Leaves
the
Suez Under Escort of
Egyptian Guards.
SUEZ, Nov. 27. Vlce-Admiral Volker
sam's division of the Russian second Pa
clflc squadron sailed this morning, es
corted by Egyptian coastguard cruisers
Older Vessels Block the. Port.
LONDON, Nov. 28. The nroCTess of thn
Russian second Pacific squadron excites
daily growing interest. A Japanese cor
respondent of the Morning Post, discuss
Ing possible preparations to meet the
squadron, suggests that Japan rely upon
tne older warships to maintain the block
ade of Port Arthur (In fact tho corre
spondent asserts they already are so em
ployed), and thus enable Togo to release
his more modern vessels for overhauling
at sasebo preparatory to meeting Ad
mlral Rojestvensky.
Repairing the Cruiser Kaauga.
VLADIVOSTOK. Nov. 27. Rear-Admiral
Haupt, Commander of the Port for the
last three years, has departed.
Private advices from Port Arthur indi'
cate that the position there is not so des
perate as it Is reported abroad,
The Japanese are reported to be repair
ing the cruiser Kasuga and 10 torpedo
boat destroyers. They have established a
sub-naval base .on the Elliott Islands (a
short distance east of Port Arthur)
Togo Is Preparing His Vessels.
LONDON. Nov. 27. The Daily Tele
graph's correspondent at Chefoo hears
that many of Admiral Togo's vessels are
being docked and repairs are In prepara
tlon for eventualities. The same corre
spondent also gives a rumor that the Jap
anese assault on Port Arthur has been
repulsed with heavy loss.
END OF BACE QUESTION.
Georgia- Republican Lawyer Says th
Solution Is in Sight.
WASHINGTON, Nov. 27. (Special.)
Colonel William U Scruggs, of Georgia,
a lawyer, founder of the New Era, the
first Republican paper In the South 1
1S66, and In the diplomatic service from
Grant's to Harrison s administrations
says the race question in the. South
will soon be settled. In an Interview
here today be said among other things
"Let us have impartial, not universal
suffrage in the South. If the negroes
are to be disfranchised, let the illit
erate -whites be barred. This is not
popular doctrine. I know, but It would
be Juet even If it would reduce the
Southern representation. It would be
better to have eight members of Con
gross chosen by two political parties
about equally strong, than a dozen
members chosen by a machine.
' 'There is a strong Republican sent!
ment among the business men of tho
South, and the race issue Is the only
object in the way of its settlement. It
is a very vexing question, but It will
be settled and settled by the South, in
Its own way.
PBICES TENDING TJPWAUD.
Better Feeling Prevails on the Lon
. don Stock Exchange.
LONDON. Nov. 27. A better feeling pre.
vailed on the stock exchange last week
and although business was limited, oper
ators were much more hopeful and prices
were better.
American securities" were again actlv
and buoyant, the feature being the
strength of Atchison, Topeka & Santa Fe
and United States Steel Corporation
shares. Prices were improved by consid
erable buying orders from the continent.
which .also bought large quantities of
South American issues.
The South African market shows a con
tlnued steady advance on prices.
The Best Croon Care.
What Is the best and most reliable rem
edv for croup, is a Question of vital in
terest to the mothers o'f small children.
Chamberlain's Cough Remedy has been
in use for over 30 years, and has never
been Known to xaii in any case. Mr. T
F. Comptoa, public weigher at Merkel
Texas, says of It: "I have used Cham
berlain's Cough Remedy In severe cases
"of crouD with my children, and can
truthfully say It always gives prompt
reuei. xnere is no aanger in giving tnis
remedy, as it contains no narmruj drug-.
for sua or an arucsists.
Bfcljeved .to'iHive Been Prominently
Connected In the Fatherland, and
fo "Have Committed Suicide to
Hide His Disgrace.
CINCINNATI. Nov. 27. A man believed
to be - prominently connected In Germany
committed suicide by hanging himself in
his cell at the Central Police Station here
today .He --was registered as Max Rick
hardt, aged. 27, Germany, at the police
Benedict, who" is said to be a daughter of
the late Frederick R. Coudert, and the
wife of the son of E. C Benedict.
According to the etory told by the police
as coming from Mrs. Je&nette, Mrs. Bene
dict attended the opera Wednesday night
and wore the diamonds which are now
missing. She went to her room on re
turning, and put the Jewels In a chamois
bag which she left In the room. She re
ported that on Thursday she deposited the
jewels In the bag with one of the clerks.
On -starting Saturday for Washington,
where she resides, Mrs. Benedict is said
to have made Inquiries for the Jewels, but
they were not to be found.
- Escaped From Governor's Island.
NEW YORK. Nov. 27. Two prisoners
escaped from Governor's Island today by
Jumping from the parapet of Castle Wil
liam to the ground, 30 feet below. Two
men, James Dunning and John Doyle,
made their way unobserved to the water
front, where they swam to a small dory
anchored near the shore. In which they
rowed out into the boy. They hailed a
ferryboat, which picked them up and, be.
Hevlng them to be shipwrecked sailors.
landed them In Brooklyn, where further
trace of them was lost.
Felton Sent to the Tombs.
NEW YORK, Nov. 27. Frank Felton,
charged with the murder of Guy Roche,
CHARGES OF OOELL
SECOND OREGON MASCOT BURIED WITH MILITARY
HONORS AT PENDLETON
BSBHBiiP'1 fljBB'js V ' sH
BUMMER, THE MASTIFF THAT FOLLOWED THE REGIMENT
THROUGH THE PHILIPPINES.
Bummer, the masctft of the Second Oregon Volunteers through the Philippine
campaign, and the only dog that ever received a valid and honorable discharge from
tho United States Navy, died Thursday morning In Pendleton, and was burled with
military" honors by some of his comrades in arms, Saturday. He was .burled In a
casket In the City Cemetery, with military volleys of Krags, and sincere sorrow.
Bummer owned for a master T. T. Nelson, of Pendleton, and when the call came
for volunteers and Company D was organlxed here Nelson raw with sorrow his old
friends go, family cares keeping blm at home. Some of the boys, In -Jest, sug
gested that Bummer, loved by every one, go in his master's place, and what was at
first a joke became a reality, and Bummer joined the company and finally the
regiment.
From the time the transport sailed from San Francisco until It returned, more
than two years later. Bummer was recognized as the mascot of the Second Oregon.
He was a mastiff a year and a half old when he went to the Islands. He was a
fighter, with honorable tears when he returned. Bummer died of old age, and from
wounds received In the Islands. He would have been 9 years of age the 17th of
next March, and as an Irish fighting dog ho honored his birthday.
Bummer, through his conduct, gained the good will of the officers of the regiment,
and when the regiment was disbanded at San Francisco Bummer received his dis
charge, which is as formal as that given any of his comrades.
headquarters. As he registered at three
hotels here under different names and
under other names In St. Louis and else
where throughout the country, he was
called "the German Prince of many ali
ases." , .
He was tall, fine looking and faultlessly
dressed. Today he was moaning about
"LIddle," and repeatedly said:
"She will never know what became of
ie."
Letters were found addressed to LIddie
Lang, Reichenback, Saxony, Germany,
and- he repeatedly said she- was waiting
there for his return. He prayed she would
never hear of his downfall.
Ho was arrested last Tuesday at the
Grand Hotel, where he had registered
as Clemen Christian JLauteren, ana
charged with being a hotel thief. He was
wanted in Indianapolis. Louisville, St.
Louis and other cities for hotel robberies.
SHOT THROUGH A WINDOW.
Colonel Chaves the Victim of an
Assassin's Bullet.
DENVER, Nov. 27. A special to the
Republican from Albuquerque, N. M.,
says that news reached there today of
the assassination of Colonel R. Francisco
Chaves. Drobablv tho best-known Repub
lican politician In the Southwest, at Pinos
Wells, Torrence County, yesterday even
ing. Colonel Chaves was the guest of a
friend and while they were eating sup
per a shot was fired through a window
and the Colonel fell from his chair, dead.
As soon as possible a posse took" tho
trail of the assassin. A special train was
sent out over the Santa Fe Central with
bloodhounds from the Penitentiary, and
extraordinary efforts are being made by
both National, territorial and county offi
cers to capture the assassin. People here
believe that the assassination was the
work of some political enemy. -
Colonel Chaves was born in New Mex
ico in 1833. He was educated in St. Louis
"University and also attend the College
of Physicians and Surgeons In New York.
He served as a soldier under Kit Carson
in many Indian wars of New Mexico, and
in 1EC1 was commissioned Major of the
First New Mexico Infantry by President
Lincoln and afterwards promoted to
Colonel.
Mr. Chaves . took part In several Civil
War battles In- this section, especially In
the battle of Valverde. In 1865 he was
elected Delegate to Congress "and served
three terms. He had been in the Terri
torial Legislative Council continuously
since -1876. Two years' ago he was ap
pointed by the Governor Territorial Su
perintendent of Instruction, and was
named by the Legislature of 1903 the His
torian for New Mexico. These positions
he held at the time of his death.
the gambler, who was shot in Broadway
Thursday afternoon and who - idled last
night, was arraigned today before Coro
ner Scholer and remanded to the Tombs
until Monday, when the question of admit
ting Felton to bail will be decided by the
Coroner after a conference with District
Attorney Jerome.
Additional Troops Are Asked For.
SPRINGFIELD. 111.. Nov. 27. Adjutant-
General Scott today received a message
from Sheriff Stein, of Franklin County, re
questing that two additional companies
of soldiers be sent to Zeigler. General
Scott late tonight received a message from
Captain Satterfleld, in charge of the com
pany of militia there, stating that on
Saturday night 20 shots were fired In the
direction of the building in which the
dynamite at Joseph Letter's mine
stored with the intention of exploding It.
General Scott has taken no action on the
last request for troops, but will send
representative to Zeigler tomorrow to
make an examination.
Bloodhounds Search for Bandits.
DENVER, Nov. 27. A News special from
Buena Vista, Colo., says that scores of de
tectives and special officers are searching
tnrougn ine wiias or Taylor Park for the
men who otteropted to hold up a Denver &
Rio Grande passenger train near Buena
vista last nignt. They are using blood
nounas in an ertort to get the trail.
SUNDAY CLOSING IS DEMANDED
Lexington Pastors Point to Murder
Committed in Saloon.
LEXINGTON, Ky., Nov. 27. As a se
quel of the murder of William Moore In
a saloon here last Sunday by three ne
groes who fired upon white men .and to
guard whom from mobs the militia was
called out and whom a large force of
Deputy Sheriffs still guard, the congrega
tions of the Lexington churches ' held
meetings today and passed resolutions
demanding Sunday saloon closing. Com
mittees to wait on the Mayor were ap
pointed. Collections for the widow and ten or
phans' of the murdered man were taken
up. The pastors of all the negro churches
preached on the relations, of white and
blacks, and urged the observance-, of law
and respect for white people, whom they
should regard as friends.
VALUABLE DIAMONDS DISAPPEAR
Mrs. .Benedict Loses Jewels In a New
York Hotel.
NEW YORK, Nov. 27. Mrs. Carolina
Jeanette, proprietor pt the Strathmore Ho
tel In this city, reported to the police to
night that diamonds valued at J60 had
disappeared from her hotel. Sho said they
were 'the property of a guest, Mrs. V.
.NO HUBBY, SAYS FOBAEEB.
Expence of Extra Session Would b
" -Very Heavy.
WASHINGTON,4-?-. 27, (Special.) Tar
iff revision of an extremely moderate sort
by the 59th Congress when it meets In reg
ular session a year hence is the way the
agitation of the political subject In various
parts of the country Impresses Senator
Foraker, of Ohio. He Is not impressed by
declarations of strong revisionists that un
less an, extra session is called next Spring
the revising progress will come so close to
the next Congressional elections that the
Republican majority In the House will be
imperiled. Revision is a part of the pollt
leal game, he well knows, but his judg
ment is that while alterations in the Dinjr-
.ley schedule will come, they will be so
slight eventually that the country will
easily accustom itself to them, without
aanger or sucn aire industrial conse
quences as the anti-revisionists predict.
"There does not seem to me any neces
elty for extraordinary haste In dealing
with the subject, however," said the Sen
ator In an interview today. "And I hone
there will be no extra session for that
purpose. I do not think the great extra
expense of calling the new Congress Into
session many months in advance of Its
regular meeting Is demanded, when the
whole Eubjc.ct can be handled Just ap well
at Its regular session a year Troin now."
Senator Hale, of Maine. Is against tariff
revision. He has Just arrived for the com
ing session. Maine is decidedly, he de
clared, against a revision of the tariffs
"All the people of the state share that
opinion. They are also opposed to Cana
dian reciprocity. The only reciprocity they
believe in for this country Is on noncom
peting products, and there are none of
that kind between Maine and Canada."
Prince Gives an Informal Dinner.
PHILADELPHIA. Nov. 27. Prlnrn "Cit.
shlma, of Japan, who la in this city, spent
a quiet. Sunday. This evening tha. Prince
gave an informal dinner in his apartment
at the Bellevue . Stratford Hotel. Among
those present was Clement A, Griscom
latner oi tne unitea states minuter t
Japan. Tomorrow will be spent in sight
seeing.
Vessels Detained by F&g.
DOVER, Nov. 27. Some of the ships
the secoad division, of the Russian Baltic
squadron were detained five, miles oK. 'this
port throughout last Bight by fog. but
proceeded southward tedtfy.
SRASCLATKO KYELIDS.
Murine Sye Remedy cures thia. and Qths
Eyt troubles, buucm wu eyes strong, M
Hitchcock Alleged to Have
Robbed Oregon.
SCHOOL FUND IS SUFFERER
Salem Man Sends a Copy of Letter to
President Also, but Has as Yet
Received No Replies From
Washington.
SALEM. Or., Nov. 23. (Special.)
JL111UU&11 UiD iiJO.il ilUVCiiiUCl iV UCUC1M I rt .7. ....
w u mn r A .. . . a State of Oregon Is not competent to deAl hon-
W. H. Odell. of Salem, addressed to Sec- MUy wlta lts owa gxl Tou haye dIere.
qaaai coatet. jtt it is la reality a simple I
Uteatlftcatlon of a specific grant, the discharge
of which la an administrative function under ,
u act oi v-OEgresa. ine taw is zpeewe ana
maadatcry, the only question- to be passed
usa Is, "Are the lands mineral?" If so they
are exempted-from, the grant.
The original title Is In the Government, and
by acts of Congress provisions are made, by
grants and otherwise, tor the disposal of the
primary use of the lam 4. and "there Is no pro
vision of law which makes It the duty of the
administrative department to Inquire Into what
the state, or any citizen, has done or may do
relative thereto, before ascertaining the right
of the 'State under the grant, hence- any appro
priation, sale or attempted transfer, except as
provided by act of Congress, la null and void
to excepted tracts, deeds from the state and
certificates from the Secretary of the Interior
are void, and patents from the department
are voidable.
And yet In view of all these facts of nrece-
dent. Taw and equity, you have Illegally, Ulog
Ically and presumptively ignored all, and as a
court of last resort, arbitrarily committed a
great injustice to the State of Oregon, and
benefited no one. You have treated the State
of Oregon as an interloper and grafter, Ig
noring tne accepted purpose of the General
Government from patriotic motives to deal
generoosly with the. states In matters educa-
uonai.
You have acted upon the assumption that the
MUNYON'S
GOLD CURE
I WILL REFUND YOUR MHCY
IF IT FAILS TO CURE
retary of the Interior Hitchcock a letter
charging him with having "deliberately.
without pretext of law or equity, taken
from the common-school fund of Oregon
more than $120,000.
Recognizing a higher court than the
Secretary, General Odell on the same date
mailed a copy of the letter direct to
President Roosevelt, and tells the Secre
tary that further notice will appear in
the public prints. To these three letters
no replies have been received as yet. In
letter addressed to The Oregonran Gen
eral Odell says In part as follows:
"In view of the many criticisms in
dulged In touching school lands in Ore
gon, I desire to submit a few facts in
conjunction with the publication of the
Inclosed letter. Without questioning tho
motives or discounting the knowledge of
the numerous critics. I submit a plain,
unvarnished statement, of necessity all
too brief, yet sufficiently comprehensive
to those who have Intelligent knowledge
of the generally known facts,
The grant to the State of Oregon for
school purposes embraced the sixteenth
and thirty-sixth sections of each town
ship In the state, excepting therefrom
with the privilege of indemnity selection
therefor all mineral lands and an lands
occupied, prior to date of survey, by do
nation, pre-emption or homestead claim
ants or government reserve. As a result
of the fact jthat settlements were made
mucn in advance oi tne surveys, ncany
all the valuable agricultural lands in
place have been lost, by reason of pre
occupany, and lieu selections are largely
the remnants oi cuttings Dy prior setuers,
consequently the state school lands can
onlv be rated as .second and third rate.
The laws of congress ana ail previous
decisions of the Interior Department are
well defined and Inflexible, excepting from
the grants of land to the State of Oregon
all mineral lands, the grants being spe
cific and mandatory, Identification being
the only element requiring administrative
functions.
Law and precedent established tho
fact that It Is the purpose of the Govern
ment to 'hold all mineral lands of the
public domain free and open to explora
tion and occupation,' ana aiso in accora
with the nractice of making valuable
jrrants for educational purposes. Know
ing these facts and knowing the practice
in the years past, there was ample rea
son for the continuance of the process of
determining the mineral character of al
leged mineral tracts found in or on tne
school sections within tne state.
Frequent Inquiries were made of the
State Land Board, which the following
excernt Is a sample of many, dated
Woodvllle. Or.: 'There is in this dls
irict a school section that has been
mined continuously for over 40 years, the
miners on the land neyer attempted to
secure title to the land from the state.
with, the result that the land was bought
by speculators, who have never triedto
dispossess the miners of their claim.
etc signed J. H. Bagley.
"In answer to such inquiries the State
Land Board could offer no solution ex
copt to refer to the law and advise pro
ceedings under the -laws of Congress for
adjudicating mineral lands; such lnqul
rles and a knowledge of the fact that
the state's title to mineral 16th and 36th
sections Is void, and even when 6oId by
the state is voidable when under contest.
If It can be shown that the mineral char
acter was known prior to date of survey.
Therefore, taking the results and the pro
ceedings under which Office decision Tm,
November 12. 1S34, was rendered, as
basis, the proceedings In the case re
cently passed upon by the Secretary of
the Interior were had with honest pur
pose and without taint of fraud; every
step taken was In good -faith, without
purpose or effort to rob the Government
of one acre of land, while the mining
Industries of the country would to that
extent be protected and the State School
Fund Increased at least 100 per cent on
every acre adjudged mineral
"The story of the sequel is briefly
summed up In the letter to the Honora
ble Secretary of the Interior. Every al
legation as to facts stated is beyond dis
pute or even quibble, every precedent.
every rule of practice and every proposl
tlon of law or equity set out, are in evi
dence and sustained beyond controversy.
Letter to Hitchcock.
''The letter to the Secretary is 'in part
as follows
I write to say that I hold that you have vio
lated all rules of praotlce. equity and law.
applicable in such cases, in your department
decision-of January 26, 1004, In that matter of
the quasi contest No. 2023, ex parte Stats of
Oregon, which said decision was adverse to the
State of Oregon, and was promulgated by let
ter N. of February 11, 1004.
First Tou Injected new rules and regulations
to govern former adjudications. Under date
of March 6, 1003, you Issued a new rule of
practice and made the rule apply to adjqdlca-
tlons made In December, 1000. and even going
bo far as to set aside a decision of the Com
missioner of the General Land Office, made in
1897, contrary to the provisions of sections 453
and 2273. which provides the dvues of the
Commissioner of General Land Office, and
makes his decisions on all -matters pertaining
to his department final, unless appealed from
to the Secretary of the Interior within a given
time.
In the rejection of these clear lists, made of
Indemnity selections, based ucon mineral base.
formerly adjudged mineral by the Commissioner
of the General Land Office, seven years after
said approval, and that without appeal
complaint, constitutes a departure totally at
variance with all -principles of law and
equity.
Second By your said decision of January 26.
1904. you assumed prerogatives extra Judicial
and not permitted by law. In that you. based
your findings on what the State of Oregon
may hare done in the matter of selling some
of the tracts of land adjudged to be mineral.
In eatd ex parte Quasi contest No. 2025. While
the case under considerations Is termed
garded precedent, law and equity, and robbed
tne common-school fund of the State of Ore
gon beyond repair of over J 120. 000. and that
without any corresponding benefits to the Gov
ernment, not even the saving, of one acre of
land or one dollar In money. Anj Irreparable
injury!
It would be inconsistent for rhe at this stage
to beg pardon for speaking thus plainly, but
mere comes . a point In the tide of human
events when It would bo cowardly derelict to
duty to permit a ?rong. ta go unchallenged.
I nave not written this with any thought
that tho case will be reopened no, not all.
Tou constitute the court of last resort; there
can be no appeal. The election Is over, and
my desire as a Republican to see Theodore
Roosevelt elected has been gratified. I have
determined to bring theee facts to the attention
ofthe President's keen sense of Justice, so "by
this mall I send him a copy of this letter. It
may not get through the cordon of "red tape"
about him, yet if not, r will la the near future
bring them to bis attention and that of tho
general public through the public prints.
I close with the re-statement that you have
deliberately, without pretext of laws or equity,
taken from the common school fund of Oregon
more than 1120,000.
STILL EH" A TENEMENT.
Blows Up and Causes a Panic Among
the Tenants.
NEW YORK. Nov. 27. A whisky still
blew up In an Allen-street tenement
house here . tonight, starting a Are and
causing, the tenants to rush from the
building in a panic. Little damage result
ed from the fire. The door of the room
I know that my Cold Cure will relieva
the head, nose, throat and lungs almost
immediately, and prevent Pneumonia,
Bronchitis, Grippe and other diseases.
Get a 25-cent bottle of these little pel
lets, and if you are riot perfectly satisfied,
with results I will refund your money.
If your blood is impure, or if you have
Dyspepsia, or any liver or stomach trou
ble, don't fall to use Munyon's Paw-Paw.
It cures Dyspepsia, Nervousness.Catarrn,
Sleeplessness and makes you strong and
well. atUNYON.
Munyon's Paw-Paw Tslo sold by all
Vruggiats. Paw-aw LaxatlT Tills. 36c
bottle.
In which the explosion ocurred was blown
down and the police found in the room.
badly wrecked, a plant for making whisky.
None of the other tenants knew the oc
cupant of the place nor the existence of
the stilL
The internal revenue officials have been
notified, and a search Is being made for
the owner of the plant.
Demonstrations Against Government.
VIENNA. Nov. 27. Socialists to the num
ber of 10,000 today made a demonstration
against the government before the resi
dences of Premier von Koerber and other
Ministers, and they tried-to demonstrate
before the Town Hall. A strong force of
gendarmes dispersed the crowd. Several
persons were Injured, Including five police
men. Many arrests were made.
Arrested in Poolroom.
Four minors were arrested yesterd
afternoon in a pool hall run by a col
ored man on Park between Davis and
Everett streets. They were held for
smoking cigarettes, but were let" oft by
Chief Hunt with a reprimand and a
warning to stay by their own color and
caste. The boys, whose names are Dan
Keno, Fred Hoffman, W. M. Mo ran and
L. Dixon, are all between the ages of
16 and 18.
Lost!
Bunch of keys, containing our
name tag and a flat key with No.
1287 and our private mark print
ed thereon. Eeturn to us and re
ceive as a reward the handsome
mahogany Chiffonier now in our
front window.
Tull & Gibbs
Complete Housefurnishers.
For High Balls
Insist upon getting
M w 77
Jivouinans
JL
THE QUEEN OF TABLE WATERS."
Come now, own
up, tell the hon
est truth about it
You don't like those gray
hairs, do you? And your
husband certainly doesn't
like them. Then why not
buy a bottle of AVer's Hair
Vigor? It restores color to
gray hair every time. Cures
dandruff also,. Sold for
nvar ptvtif vmm C.AT"C
ApoIIinaris blends admirably with
Wines and Spirits, besides
rendering them more wholesome
N FOR ILLUSTRATED PAMPHLET
Address, United Agency Co., 503 Fifth Avenue, New York.
Twenty Years of Success
In the treatment of chronic diseases, such as liver,
kidney and stomach disorders, coastipatlea; diar
rhoea, dropsical swellings. Bright's dlseasa. etc.
Kidney and Uriniry
Complaints, painful, uixncuit, too frequeat. Hail Icy or
bloody urine, unnatural discharges speedily cured.
Diseases of the Rectum
Such as piles, xibtiu, nature, ulceruuoa, aauceus and
bloody discharges, cured without t&a kxlX. aia or
confinement.
Diseases of Men
Bluod poison. taei, on .mure, unnatural losess, lsa-
SSTUiJlSSfSfcTid with nignt emissions, dreams, exhausting dral&s.
fcashful Ttvociem wmcn ceprxv. you st your aW.UKlTS
rrtntSAa find atraims kt lnu tkAlit.wi-iiT.v
uinni ni.r:n HKX, wau
Dr. VsUkftS &oia rreular and sclntiftc He um us patMt nostrums
txTSW Paklit on Prito DUeaseTlt 'frtT'aU who
MrflM tlr trTOblls. JTATUEXTS cure at bom. Terms rMiootsU. All letters
awrwrd Tin pJala "envelope. Consultattoa Ires and sacredly confidential. Call
on or address.
PR, WALKER m First Streets Corner Yamhill. Portland Or.