Morning Oregonian. (Portland, Or.) 1861-1937, February 04, 1905, Page 9, Image 9

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Santa Fe Road Condemned by
Interstate Board.
Commission Declares That it Entered
Into Partnership With Colorado
Fuel and Iron Company, and
Violated Injunction.
WASHINGTON. Feb. 3. "Flagrant,
willful and continuous violations" of the
law during the past five years is the way
in which the Atchison, Topeka & Santa
Fe Railroad Is arraigned in a decision
promulgated today by the Interstate Com
merce Commission on the "alleged un
lawful rates and practices" of that road
In the transportation of coal and mine
supplies. Involving also the Colorado Fuel
& Iron Company. The main points of the
decision, summarized the way In which it
is alleged the law has been violated and
disregarded, are as follows:
"The act to regulate commerce requires
carriers to publish and adhere to their
tariffs. The Atchison Topeka Sz Santa
Fe Railway Company has for the last
live years willfully and continuously vio
lated this provision of the law In the re
spects above stated.
"February 19, 1503, the so-called 'Elklns
bill' was enacted. providing that carriers
should in no case transport traffic until a
tariff has been published, and that the
published tariff should be observed, and
providing a penalty ot not less than 51000
nor more than 520,000 for each offense.
The provisions of this statute extend both
to the railway company which grants and
the party which receives the concessions.
Both the Santa Fe and the Colorado Fuel
& Iron Company systematically and con
tinuously violated the provisions of that
act in the particulars mentioned from the
day of Its passage down to November 27,
3901, when the tariffs - under which this
coal moved were reduced in all
cases $1.15 a ton. It would seem
that the El Paso & Southwest
em Railway -was also in violation of
the same statute during that period, but
that company was not a party to this
proceeding and has not been heard.
Injunction Was Disobeyed.
"It should be further ooserved that
March 25, 1902, the United States Circuit
Court, In a suit begun at the Instance
and request of the Interstate Commerce
Commission, enjoined the Atchison, Tope
ka & Santa Fe Railway Company to ob
serve In all respects its published sched
ule of ratea That company from the date
of this injunction down to November 27,
3904, was apparently continuous In its
disregard of that order of court In its
failure to maintain these coal tariffs."
The alleged Infractions of the law were
first called to the attention of the Com
mission by the claim of the Caledonia Coal
Company, operating a coal mine at Gallup,
N. M., that the Santa Fe road was dis
criminating against It In favor of the Colo
rado Fuel & Iron Company. A contract
of the Santa Fo with the Caledonia Com
pany expired in 1S9S or 1S99, and was not
renewed, and when it attempted to llnd a
market for its steam sizes of coal. It Is
charged, "It ascertained, apparently, that
coal, both from the Trinidad region and
from the mines at Gallup, was being sup
plied at a price which about equaled the
freight rate alone from the point of pro
duction to destination."
No Chance of Competition.
The decision says that "no other Indi
vidual could do business In competition
with the Colorado Fuel & Iron Company
in this field, unless he enjoyed the same
freight rate advantages; that when other
individuals endeavored to make contracts
in competition with the Colorado Fuel &
Iron Company they were compelled to
pay the published rate and were therefore
unable to furnish the coal, and that under
this arrangement the Santa Fe Company
and the Colorado Fuel & Iron Company
virtually entered into a partnership In tho
handling of this coal. In the execution of
which the published schedules of the Santa
Fe were utterly disregarded."
The decision says that a number of oth
er operators in New Mexico beside Mr.
Mowic, of the Caledonia Coal Company,
lound it Gltncuit to dispose or tnelr proa
ucts In competition with the Colorado
Fuel & Iron Company.
Collected the Coal Bill.
The Santa Fo Company, the commission
ea-5. acted as agent for the Colorado Fuel
&. Iron Company Jn collecting from its
customers . the price of the coal Itself
alorg with the freight rate, and evidence
showed that in one instance, at least, this
also was done for the victor Fuel Com
pany. Under thte arrangement the Santa
Fe instructed, its agents to bill coal from
certain points at which the Colorado Fuel
& Iron Company operated to various sta
tions on its system at figures to be fur
m wished by the Colorado Fuel & Iron Com
pany, and the practice seems to have been
1o embrace the price of the coal and the
freight rato in a single Item, which ap
peared on the expense bill as freight. Con
tlnulng, the commission says:
If the Colorado Fuel & Iron Company had in
til cases paid the published tariff rate which
vme exacted 'from other shipper;1, the fact that
ta price of the. coal and the freight were In
cluded In a single Item would have worked
Bo practical advantage to that company so 'for
ft we can eec. Neither, apparently, would
there have ben any reason for this arrange
ment if tho purpose of the parties had been
honest. If. however, there existed on the part
of th Santa Fe Company an fntent to charge
the Colorado Fuel & Iron Company less for
transportation of It coal than the published
rate, it Is evident that this method of billing
would afford a ready means for concealing the,
Rebate Equal to Price of Coal.
Jn point of fact, during the entire period
covered by thlo investigation, the Santa Fe
Company did transport coal for the Colorado
Fuel & Iron Company for less than Its open
t&riir rater, and these concessions amounted
la many cases to tho price of the coal itself,
lender the joint tariff of May 24. 1003, and
r&ccUve until November 27. 1904. the railroads
parties to that tariff allowed the Colorado Fuel
& Iron Company a concession on all coal
transported under those Joint rates of fl.13
ton. Air. Blddle. freight traffic manager of
ibe Santa Fe system, testified that of the $4.05
received by the Santa Fe, $1.15 -was always
caw to me Colorado Fuel & iron Company.
wth the full knowledge of the El Paso &
Poutawestom. These railroads, therefore, col
lected the published tariff rate from the Trin
idad district to the destination, and paid . back
to the Colorado Fuel &. Iron Company $1.15 a
ton of the amount so collected.
krae suggestion has been made that these
payments to the Colorado Fuel &. Iron Com
pany by the Santa Fe were not in the nature
of rebate, but simply payment of tho price
of it coal; that the published tariff In reality
included the cost of the coal, but Inadvertently
omitted to state the fact. The record condu-
slvlv ehowfi the contrary-
It was said that these rebates in favor of
tbe Colorado Fuel & Iron Company were no
discrimination, as there were no other shipper
and. consequently, no actual preference. Tho
Santa Fe published Its rates, and these rate
-scare actually Insisted upon in the case of
small consumer, apparently; but, whenever It
pecmod desirable, to secure a particular con'
tract, to shade the price, a special arrangement
was made between the Santa Fe and the Colo
rado Fuel & Iron Company, by which the
Santa Fe agreed to transport the coal required
to fill that contract for less than this published
r?t. Since the greater part of the "business
of that company was in filling these contracts.
the rebate was applied to the greater part or
its total shipment.
x-obodv else sold to these large consumers.
because. In he very nature of thing, nobodv
le could sell. Those tariffs irom the Trini
dad district merely served as scarecrows -o
kep off all competitors, and. further, - as
pretext for declining to reduce rates from other
coal fields on the ground that there ought to
be some relation between different dlvlalox.
It has been intimated in tome quarter that
the Santa Fe, in the payment of these rebates.
squandered its revenues In the interest of the
Fuel Company. That phase of the subjee.
was not under investigation, but nothing ap
pears in the record to justify that suggestion.
The testimony also tended to show that, while
the .Colorado Fuel & Iron Company was operat
ing the mines of the American Fuel Company
at Gallup, the Santa Fe gave that company a
special rate on its supplies. No witness hav
ing knowledge was produced, and we have- a
strong impression that such special rates were
enjoyed by the Colorado Fuel & Iron Company.
Under Law Secretary Morton Can't
Be Prosecuted, as He Testified.
WASHINGTpN. Feb. Z. At tho conclu
sion of a long Cabinet meeting today,
Attorney-General Moody and Secretary
Morton remained wit hthe President for
a considerable time, the latter llnally
accompanying the President from the ex
ecutive offices to the White House, when
he went to lunch. Railroad rato legisla
tion was under discussion, but beyond the
fact that the report of the investigation
made by the Interstate Commerce Com
mission of the charges that the Atchison.
Topeka & Santa Fe Railroad had granted
rebates to the Colorado Fuel & Iron Com
pany formed a basis for a part of the dis
cussion, nothing was learned concern
ing it
It Is understood that under an
act of Congress officials of a rail
road corporation who testified be
fore the Interstate Commerce Com
mission in an investigation are rendered
Immune thereby from prosecution for
such offenses against the law as may be
disclosed by their testimony. Whether
officials of the same corporation who do
not testify also aro immune from prose
cution for tho offenses charged is said to
be a serious question of law. Secretary
Morton was one of the officials of the
Atchison, Topeka & Santa Fo Railroad
who testified before the Commission duK
Ing Its Investigation of the rebate charges.
Fruit Shippers Say Its Refrlgerator-
Cars Are Favored.
WASHINGTON. Feb. 3. EL H. Fergu
son, of Duluth, Minn., representing the
Retail Shippers' Association, continued
his statement before the Senate commit
tee on interstate commerce today. Ho
made especial complaint of the secret
routing agreements of tho railroad com
panies operating In tho fruit centers of
tho West. This arrangement enabled tho
railroads to select lines without consult
ing the shippers, and Mr. Ferguson said
that loss and inconvenience often resulted
to perishable goods. He charged discrim
ination by tho railroads In the Interest of
the Armour Private Refrigerating Line
Company, saying that the charges of that
company were often double those of rail
road lines themselves. This, he said, was
due to the exclusive contracts which the
Armour Company had been able to pro
cure, and he asserted that the organiza
tion and success of the beef trust were
traceable to those contracts.
In reply to questions, Mr. Ferguson ex
pressed the opinion that the railroad of
ficials were interested in tho private car
companies, but that the railroad com
panies themselves secured no benefits
from the arrangement with tho companies.
Idaho's Governor Believes in Federal
Control of Railroads.
BOISE. Idaho, Feb. 3. (Special.) In
response to a request for his views on
President's Roosevelt's plan for the reg
ulation of railway rates, Governor Good
ing has sent the following to a Chicago
I am in hearty accord with tho recom
mendations of President Roosevelt relative
to Federal control and regulation of rail
road rates. I consider the rebate system
In use In the past productive of the growth
of harmful monopolies and that. It has
done more to throttle honest competition
than any other ono factor. I believe the
powers of the Interstate Commerce Com
mission should be increased so that dis
crimination in railroad rates may be
stopped, and the commission should be
clothed with authority to revise rates with
power to enforce their decrees until spt aside
by adverse decision of the courts. The fol
lowing concurrent resolution has passed tho
lower houfe of the Legislature and is now
under consideration and will pass the
"Whereas. Steps have been taken by tho
National Congress toward increasing tho
powers of the Interstate Commerce Com
mission in accordance with tho Idea of
President Roosevelt,
"Resolvod, That the Congressional repre
sentatives from Idaho be requested to up
hold the hands of the President and that
a copy of this resolution be sent to each
of them."
Tho concurrent resolution was passed
by the House unanimously. When it was
sent to tho Senate it was referred to a
committee and nothing has since been
heard from It. When the Governor
wished to see It today the chairman of
tho committee did not know where it
was. It is believed some influence has
been at work to smother It, but a de
mand will be made on the floor for a
report from tho committee.
Strike Extends to Coal Mines, and
Fighting Occurs at Lodz.
WARSAW, Feb. 3. Serious disorders
broke out today at Lodz, where 25,000 men
are striking. Some of the employes of a
laco factory attempted to return to work
and the remainder forcibly prevented
them. A strong military patrol was sum
moned and attacked and fired at the
strikers, who replied with revolver shots.
It is reported over the telephone that the
firing was continued at 1 o'clock this aft
ernoon. Strikes were started this morning in
the coal districts of Dombrowa and Sos
novics. It Is feared they will have a seri
ous effect on the industrial situation gen
erally, Warsaw and other important man
ufacturing centers being entirely depen
dent for their coal supply on these dis
tricts. According to the best information ob
tainable, the official list of persons killed
during the disturbances hero contains
over 300 names in addition to many un
identified bodies lying at the . receiving
vault In the cemetery. The unidentified
dead will be burled today.
A group of soldiers outside a liquor
store last night fired on passers-by with
out warning, killed a shopkeeper and
wounded another man.
Russians Attribute Able Defense to
Victor of Port Arthur.
MUKDEN, Feb. L via Tien Tsin. Feb.
3. All tho natives of Holantal and Fuchl
chunang who were let through the linos
during the Russian occupation, arrived
at Mukden on January 31, except a few
who were killed in battle. The Impres
sion Is general among the Russian troops
on the right flank that either General
Nodzu or General Nogi was present at
Sandiapu, where the Russians ascribe
their greatest losses to cleverly concealed
batteries behind tho main works. Tho
Japanese withdrew from their outworks
at Sandiapu, which at one time the Rus
sians occupied.
General Mistchenko was still advanc
ing, carrying out a flanking movement,
intending to cut the railway north of
Llao Yang, and was taking outpost after
outpost with prisoners when the order to
retire came. Although Intrenched, the
Infantry more than successfully combat
ted the cavalry, as they have done heretofore.
Japanese Break Through Ku
ropatkin's Center.
Oyama Tells Complete Story of How
Japanese Lost and Captured
Helkoutal Skirmishes Con
tinue All Along Line.
LONDON, Feb. 4, (3 A- M.) The St
Petersburg- correspondent of the Lon
don Dally Chronicle cables that a tel
egram has been received from tho
front, stating that General Kuropat
kin's center has been forced by the
The Russian newspapors, the corre
spondent adds, .have been forbidden to
make mention of the receipt of the dis
Russians Had One Hundred Thousand
Men Engaged in Battle.
Jan. CO (noon), -via Tien Tsln, Feb. 3.
The Russian attempt to turn General
Oku's left flank has proved a complete
failure. Following on tho failure of the
recent cavalry raid down the railway,
this. It is thought by tho Japanese, will
probably Induce the Russians to await
In the future the Japanese attacks. The
attempt, even with the bombardment of
other portions of the line or a cavalry
movement around tho flank, was doomed
to falluro from the start. The Japanese
were at Helkoutal. but withdrew Its
small force from there and allowed the
Russians to occupy the position until
they could move enough men to make Its
recapture certain.
The reoccupatlon of this position was
easily accomplished, although the loss
was heavy. The casualties have not yet
hecn reported, but it Is believed they
will amount to fully 3000. The Russians
had fivo divisions engaged at Helkoutal.
and in that direction. They were driven
back by less than two Japanese divisions.
Over 100,000 men were engaged In the
Russian demonstration against the Jap
anese positions Immediately cast of Hcl
koutal. a force strong enough to have
beon successful, as only about one Japan
eso division was sent against them. The
Russian loss Is estimated at over 40CK),
although prisoners say that one regl
ment was practically annihilated.
The Japanese loss is only placed at 2000.
due to tho fact that they remained in
their trenches, while the Russians were
forced to cross open ground, solidly
frozen, where the construction of shelter
tronches was Impossible. The ground
being covered with snow, was naturally
a great disadvantage to the attacking
force, as it was plainly visible against tho
white background for a long distance.
Tho Japanese suffered tho same disad
vantages In the recapturo of Helkoutal.
The weather was cold during the fighting.
tho minimum being 6 degrees below and
the maximum H degrees above zero. The
Russians did not retreat north, but re
tired well out of range, with no sign of
further activity.
During the fighting tho left wing of
tho Japanese was heavily bombarded
from the Russian positions along the
whole front. Tho Japanese made only a
feeble reply.
Japanese Report Repulse of Attacks
at Several Points.
TOKIO. Feb. 3. Manchurian headquar
ters, telegraphing yesterday, February 2.
says that on that day the Russians re
sumed their activity In front of the Jap
anese left, and that there has been con
stant skirmishing along the fronts of
both tho opposing forces, exchanges of
heavy artillery fire taking place. The
Japanese again charge the Russians with
tho mutilation of their wounded. Por
tions of tho report follow:
"On Wednesday, February 1, In the di
rection of the right, small bodies of the
enemy attacked up In all directions. Our
outposts repuisea tnem.
"On Thursday, February 2, from
o'clock in the morning, Russian artillery
on the west front of Ta Mountain and
Liuchlengtun shelled Fangshon and Put-
saowa and their vicinities. The enemy's
Infantry Immediately surrounded Fang'
shen, but we repulsed them.
In the direction ot tne center, on
Thursday, the enemy's artillery, situated
about a mile and a quarter north of tho
village of Shakhc. and on Wenpao Moun
tain, bombarded the southern heights of
Shakhe village.
"Constant collisions between scouts took
place to the north of Chengllngtzu and
"In the direction of the left, on Thurs
day morning, tho enemy's artillery fierce
ly bombarded Chengchlehpao. Our artll
lery responded.
"According to a reliable report, the
enemy has built a railroad from Such
iatun. which is five miles north of Lam
utlng, to Suhupao, and has opened traffic
"At S o'clock on Thursday morning tho
enemy's fiold and heavy guns concen
trated a fire against Tatzupao, two miles
northeast of Chenchiehpao. Subsequently
a Russian division entered the southern
village of Changtan and dispatched a
brigade to attack us. vo repulsed tho
"According to a reliable report, our
picket, consisting of an officer and 2S
men, was surrounded near riaungiasnatzu
January 25. Our picket resisted to tho
last, when most of the wounded surren
dered. The enemy mutilated all our
Myloff, Veteran of Turkey and Cau
casus, Succeeds Grippenberg.
ST. PETERSBURG, Feb. 4 (2 A. M.)
It is believed In military circles that the
succession of Lieutenant-Gcneral Myloff
to the command of the second army of
Manchuria does not necessarily mean
that the position of second in command
in the Far East has devolved upon him.
General Myloff has a good record as a
fighter, though he was not present at
any of the great battles of the Man
churian campaign. He is 62 years old.
He fought In the Turkish campaign and
saw a great deal of service In the Cau
casus. He was appointed- to the com
mand of the Eighth Corps in 1901 and
when to Manchuria with that corps
from Odessa, The Eighth Corps was
one of the latest corps to arrive there.
Army officers confirm the report that
General Grippenberg is In 111 health
and point out that he was seriously 111
a year before his appointment to tho
command of the army In Manchuria.
Grippenberg Asks to Be Relieved Be
cause Kuropatkin Gave No Support.
ST. PETERSBURG, Feb. 3. It Is ru
mored that Lieu tenant-General Grlppen
berg has asked to bo relieved of his com
mand. The Associated Press Is unable to
obtain a confirmation or denial at the
War Office. According to the version
prevalent in military circles, General Grip
penberg telephoned direct to the Emperor,
requesting to be relieved Decause ot xne
alleged failure of General Kuropatkin to
afford him proper support in the opera
tions against bandepas.
The Russ today severely criticises Gen
eral Kuropatkin on the ground that Gen
eral Grlppenberg's flanking movement was
doomed to failure unless immediately fol
lowed by a general advance. The latest
official dispatches show that the Russians
apparently are still near Sandepas, and
that the attempt of the Japanese to out
flank them westward along the Hun River
has been repulsed.
Oyama Tells How Village Was Lost
ands Won Again. -TOKIO,
Feb. 3. Field Marshal Oya
ma. telegraphing yesterday, reports
that the extreme Japanese left holds
a line along the Hun River, with its
extreme left established on tho right
bank. The main body of the Russians,
after their defeat at Helkoutal, re
tired across the Hun River and occu
pied Nluyupao, Sufangtal and a por
tion of Changtan. On W ednesday the
Russians began constructing defensive
works in the neighborhood of Shufang
tai, Chunchiaawopeng and Changtan.
Russian cavalry patrols wcro seen
Wednesday along the line of Tzuyuto,
Pinpaotzu and Yuhpaotazu. The Rus
sians made a series of small attacks
on the right army and the loft flank
of the army, but were repulsed In each
Details of the fighting from January
25 to January 29, which Field Marshal
Oyama -officially designates as the bat
tie of Helkoutal, show that the opera
tions were more extensive, the forces
engaged larger and the fighting more
desperate than the first reports Ind!
catcd. The Japanese casualties totaled
7000. According to the Japanese esti
mate, the Russians lost over 10,000.
Tho armies fought in a driving snow
storm. It -was bitterly cold and very
difficult to see. It was a night at
tack delivered In the early morning
that brought success to the Japanese.
A Russian division surrounded and
attacked Helkoutal January 25. Field
Marshal Oyama reports that the gar
rison, though outnumbered, mado a
stubborn resistance, and retired at
night under cover of the darkness to
Kuchcntzu. In the" meantime Field
Marshal Oyama, warned of the attack,
ordered an advanco for the purpose of
retaking Helkoutal. It "was snowing,
and the movements of the troops wore
delayed. January 26 about noon, while
tho attack on Helkoutal was develop
ing, a report reached the Japaneso
headquarters that another division of
Russians, advancing from Changtan
had surrounded Chenchiehpao, and
also that an independent and smaller
body of Russians was operating west
of Chenchiehpao, threatening the left
flank of the Japanese force moving
against Helkoutal which had deployed
from Sumapao. westward of Helkoutal.
It was originally planned to deploy
from Sumapao to Taopao, but it was
found that the Russians poscssed a
line from Helkoutal to Taopao. The
Japanese therefore deployed to Suma
pao and Wuchlatzu and attacked Hel
koutal and Taopao. The latter place
was strongly held, but Its capturo was
necessary before It was possible to
take Helkoutal. The Russian gtins
skillfully played around- Helkoutal, en
llladlng the troops attacking Taopao.
The nightfall of January 26 -saw the
Japanese still struggling to dislodge
the -Russians. On January 27 the Rus
sians pressing the Japanese right wing
temporarily retroated. The freed forco
reinforced the Japanese center. Tho
attack on Helkoutal was resumed Jan
uary 27. A covering force was sent to
protect tho right flank, rpar and also
tho left flank of the Japanese force
operating at Chenchiehpao. another
covering force protected the cxtrome
left. The troops attacking Helkoutal
advanced fearlessly, and, despite tho
heavy losses inflicted by tho reinforced
Russians, constantly gained step by
A Russian division advanced from
the direction of Niuchu and struck the
left column on tho right flank.
A force of Russian infantry and
mounted artillery fired into the rear of
the left column. Tho Japanese lost
heavily, and tho extreme left wing was
compelled to retreat temporarily. TThe
Russians made a scries of night at
tacks January 27 in all directions.
They succeeded In catching a detach
ment stationed at Sumapao in tho
front and rear. A desperate "hand-to
hand encountor followed. Tho Japan
ese finally succeeded In repulsing all
the attacks.
A portion of tho Russians remained
concealed at Sumapao, and on tho
morning of January 28 fired Into tho
rear of the Japanese center. The Jap
anese turned, attacked and practically
annihilated the Russians, only 200 ot
them surrendering. Tho lighting con
tinued through the duy and night of
January 2S. Tho Japanese, who were
everywhere outnumbered, decided to
make a general night attack.
In his report Field Marshal Oyama
says: "Our object had not been at
tained, so I encouraged all tho col
umns to make night attacks. All col
umns of tho attacking forco suffered
annihilation. W attempted several
attacks and movements, but suffered
heavily by the enemy's artillery, espe
cially the machine guns. All columns
continued tho attack with all their
might. Tho enemy, unablo to with
stand our vigorous attacks, began to
retreat at 5:30 in the morning. Our
forces, charging into Helkoutal. occu
pied the place firmly and entirely at
9:30 o'clock In the morning."
The Russian forco engaged is est!
mated by the Japanese at seven divis
ions, with a division of cavalry. Prls
oners report that the Fourth Russian
Infantry regiment was practically an
American Fleet Guards Philippines
Against Belligerent Navies.
PARIS. Feb. 3. An official dispatch
from Manila says that an American
squadron, composed of 15 warships, soiled
today from tho Island of Luzon for the
southern waters of the archipelago, with
the object of maintaining neutrality in
American waters both as to Russian and
Japanese fleets.
It Is tho understanding that the move
ment of the American Squadron Is a
precautionary step taken in connection
with the movements of the Russian sec
ond Pacific squadron and of Japanese
warships. A recent dispatch said that
Japanese warships had been seen in
Southern Philippine waters, and it is
therefore expected that the precaution
ary measures apply equally against the
Russians and Japanese.
It Is added here that the Dutch Islands
of Sumatra and Java and the unexplored
waters of Southern Mindanao offer a
possible rendezvous for belligerent war
shins. Tho Dutch government has al
ready sent two warships to protect the
Dutch waters, and the movement of the
American warships assumes the same
It Is not expected that Vice-Admiral
Rojestvensky's squadron will proceed to
the Far East until joined by tho division
of tho squadron which left JIbutil today.
Kuropatkin Tells of Conflict on Hun
River Bank.
ST. PETERSBURG, Feb. 3. Tho Em
peror has received the following dispatch
from General Kuropatkin:
"Tho Japanese, during the night of
January 31, attacked Djantanchenan, on
tho left bank of the Hun River opposite
Changtan. They captured the village, but
subsequently were driven out with great
loss. The Russian casualties were 100.
"The Japanese, after a severe cannon-
Seventy-five Folding Sewing Tables on special sale
today. Made of polished maple, 25 inches high, with
top 36 by 18 inches. Yard measure printed on top.
Only one to each customer and no mail or telephone orders taken
ade, reattacked our forces at Djantanche
nan at noon, February 1. Tho Russians
first retired, but ultimately rcoccupicd
tho village, although some outlying parts
are still' in the hands ot the enemy."
The Commander-in-Chief adds: "De
spite the Intense cold, frost bites aro rare,
owing to the preventive measures.
"Up to February 1, 133 Japaneso pris
oners have arrived at Mukden."
Navy Department Denies Rumored
Purpose of Fleet's Cruise.
WASHINGTON. Feb. 3. (Special.)
Navy Department officials deny that any
orders have been Issued to the Asiatic
fleet to prevent the vlolatlpn of neutral
ity by Japanese vessels seeking to Inter
cept the Russian Baltic fleet, now on
the way to tho Orient. No instructions
have been Issued which could be con
strued as having this meaning.
If any American warships have sailed
south from Manila, their object la to
have a practice cruise, and their de
parture has no connection with the war
between Russia and Japan. The opin
ion Is expressed by Navy Department
officials that nolthcr of the belligerents
will vlolato American neutrality.
They Attack Helkoutai and Another
Village, but Are Repulsed.
Feb. 3 (Noon), via Fusan. The Russian
forces opposlto the Japanese left wing aro
showing some activity. A Russian de
tachment attacked Pekowtal (Helkoutal)
but was driven back, leaving 160 dead.
A bombardment of the entire left wing
Considerable activity was manifested
yesterday. February 2. oppo3lto Shcntan
and Letaiyetun, and it Is belloved tho
Russians are preparing for another at
tack. They fired occasional salvos of
artillery and volleys of musketry- Tho
Japanese remain in their trenches and do
not answer the Russian fire.
Tho severe cold continues.
Second Division of Baltic Fleet Off
to Madagascar.
JUBITAL, French Somallland, Feb. 3.
The division of the second Russian Pa
cific squadron commanded by Rear-Ad-mlral
Botrovsky, consisting of four cruis
ers and three torpedoboat-destroyers.
sailed from here yesterday to Join the
warships commanded by Vicc-Admlral
Rojestvensky. off the Island of Madagas
car. Eighteen German colliers will fol
low Admiral Botrovsky's division.
Grippenberg's Health Breaks Down.
LONDON, Feb. 3. A dispatch from St.
Petersburg to a news agency says It is
stated that Lleutenant-General Grippen
berg, commander of the Second Manchu
rian army, has handed over his command
to Lieutenant-General Myloff for the rea
son of ill health.
Blockade Grows Very Strict.
BERLIN, Feb. 3. Much concern Is felt
among Hamburg shipowners over the
Japaneso Interpretation of International
law as shown In the recent seizures of
vessels destined for Vladivostok. The
release of the Japanese blockading ships
Promotes the growth of the hair and S
glvea ltthelcstro and silliness ot yoath. 1
"When tho hair is gray or laoea it $
; It prevents Dandruff and hair falling
1 and fceers the scalD clean and healthy, i
An invaluable aid io
Speakers and Singers
Will Cure the Followinj Symptoms:
Pains In the side, bade, under tne snouMer
bl&de, smothering sensations, palpitation ot the
beart, a. tired feeling In the morning, a. poor
appetite, coated tongue, blotches and plmplea.
30 dara treatment. 25c All druggists.
mmm b
by tho fall of Port Arthur makes It In
creasingly difficult for the vessels to en
ter Vladivostok. Between 40 and 50 ships,
the Vosslsche Zeltung estimates, many
of them British, are bound for the Far
East, laden with contraband, Including
the vessels supplying the squadron ot
Vicc-Admlral Rojestvensky.
Choctaw Says Lawyers Have Not
Earned That $750,000.
WASHINGTON. Feb. 3. Summonses
were today served on Secretary of the
Treasury Shaw, Secretary of the Interior
Hitchcock and United States Treasurer
Roberts In proceedings Instituted against
them by Richard McLIsh, a Choctaw In
dian, to enjoin them from drawing and
paying warrants to satisfy the award of
a fee of $750,000 to the law firm of Murray.
Mansfield & Cornish, of South McAllister,
I. T.. for services in "purifying" the cit
izenship rolls of the Choctaw Indians.
The award was made under the authority
of an act of Congress.
McLIsh charged that the firm secured
this fee by fraudulently concealing and
withholding the fact that the firm al
ready had been paid salaries aggregating
515.000 a year for their services and sums
aggregating approximately 5200,000 for
their expenses, etc. He alleged that the
citizenship case, on account of which tho
fee has been allowed, are not yet finally
determined, and that the rights to en
rollment, etc., of the Choctaw and Chlca
shaw Indian funds are not yet finally
Many Appointments Confirmed.
WASHINGTON. Feb. 3. Tho Senate to
day confirmed the following nominations:
Harry Tarsbcll, coiner of the Mint at
Denver, Colo.; Rev. Georgo J. Waring.
Iowa. Chaplain in tho Army: James C.
ttt- r
tion free. Letters confidential. Instructive BOOK FOR MEN mailed free In plain
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Kellogg. Louisiana. Consul at Barran
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Consul at Nankin, China: William Mar
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Postmaster Montana: George W.
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Also promotions In the Army and Navy.
To Repeal Bankruptcy Law.
WASHINGTON. Feb. 3. The House
committee on the judiciary, by a vote of
S to 5. today ordered a favorable report
on the Clayton bill repealing the bank
ruptcy laws. A minority report will be
made to tho House by Powers of Massa
chusetts. Would Prevent Quick Remarriage.
AUSTIN, Tex.. Feb. 3. The Lower
House of the State Legislature today
passed the Senate bill forcing persons
giving ground fo- action In divorce
cases to remain single for three years,
tho other parties to the divorce to re
main single one year.
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