THE MORNING OEEGONIAH, SATURDAY, FEBRUARY '4, 1905. IT BROKE THE LAW Santa Fe Road Condemned by Interstate Board. COMPETITION WAS STIFLED 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, traBcactlon. 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. OFFICIALS ARE EXEMPT. 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. ARMOUR COMPANY RULES. 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. GOODING BACKS THE PRESIDENT 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 paper: 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 Senate: "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. POLAND STILL IN UNKEST. 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. NOGI WAS AGAINST THEM. 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. HIS LINE PIERCED I Japanese Break Through Ku ropatkin's Center. FIGHTING ALONG HUN RIVER Oyama Tells Complete Story of How Japanese Lost and Captured Helkoutal Skirmishes Con tinue All Along Line. SPECIAL CABLE. 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 Japanese. The Russian newspapors, the corre spondent adds, .have been forbidden to make mention of the receipt of the dis patch. BEATEN BY SMALLER NUMBERS Russians Had One Hundred Thousand Men Engaged in Battle. GENERAL OKUS HEAD QUARTERS, 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. SKIRMISHES ALL ALONG LINE 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 Yaolun. "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 thereon. "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 brigade. "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 wounded." NEW GENERAL GOING TO FRONT 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. COMMANDERS ARE QUARRELING 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. BATTLE OF HEIKOUTA1. 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 instance. 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 step. 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 nlhilated. TO MAINTAIN NEUTRALITY. 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 character. 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. VILLAGE LOST AND WON AGAIN 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- POLISHED HARDWOOD FOLDING SEWING TABLES 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 REGULAR PRICE $1.75 Special Price 90c YOUR GREDI 15 GOOD 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." NOT TO WATCH HOSTILE FLEETS 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. RUSSIANS AT IT AGAIN. They Attack Helkoutai and Another Village, but Are Repulsed. GBNERAti OKU'S HEADQUARTERS. 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 continues. 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. GONE TO JOIN ROJESTVENSKY 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 PARKER'S &LSAM Promotes the growth of the hair and S glvea ltthelcstro and silliness ot yoath. 1 "When tho hair is gray or laoea it $ BRINGS BACK THE YOUTHFUL COLOR, t ; 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 IS SPECIAL I S I TODAY J J JSIKU AKP. VHTIP i! 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. TO STOP PAYMENT OF BIG PEE 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 settled. 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. IN A WEEK S-'vi ttt- r tion free. Letters confidential. Instructive BOOK FOR MEN mailed free In plain wrapper. We cure the worst cases of piles in two or three treatments, without operation. Cure guaranteed. If you cannot call at office, write for question blank. Home treatment successfuL Office hours. 9 to 5 and 7 to 8. Sundays, and holidays. 10 to 12. DR. W. NORTON DAVIS & CO. Offices In Van-Noy Hotel. 52 Third sL. cor. Pine. Portland. Or. VITAL WEAKNESS IOBjccst established. We want all moat successful and disease or special reliable bpeciausts to our otnee rreeiy ior examination ana explanation In diseases of men, oI their condition FREE OF CHARGE, without being as medical diplomas. tj0Unj by any obligation whatever to take treatment licenses and newspa- unles3 they so desire. Wc cure per records show. Stricture, Varicocele, Nervous Debility, Blood Poison, Rectai, Kidney and Urinary Diseases and all diseases and mreakneases due to Inheritance, evil habits, ex cesses or the result of specific diseases. CONSULTATION AND EXAMINATION FREE &0iS?3tB& and Office Hours: S A. SI. to S P. M.; Sundnys, 20 to 12 only. St. Louis Dispensary Cor. Second and Yamhill Streets, Portland, Or. Special Price SMAKEYOUK OWN TERMS I Kellogg. Louisiana. Consul at Barran qullla, Colombia: D. S. Kidder. Florida. Consul at Nankin, China: William Mar tin, New York, Consul-General at Han kau. China. Postmaster Montana: George W. Crane. Fort Benton. 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. .'Te'7 Person somaca or uTe. mpnt- n ...... c 511 ocuu tor a ires package of my Paw-Paw- that they positively care Indigestion, Soar stom ach. BcIcclM. tvinrf gg5aik;fp;5 Sleeplessness. ad ere' ?f n" infallible euro for' ....Mnuu, j.u aa Tola I am willing to give mlilfnna m . . w. ucc pacs- risr. Sold by drosnrfjts tree pactage address MUlNYOiN, l9 in louvipuia Wo treat successfully all private ner vous and chronic diseases of men, also blood, stomach, heart, liver, kidney and throat troubles. Wo cure SYPHILIS (without mercury) to stay cured forever. In 20 to 60 day3. We remove STRIC TURE, without operation or pain. In 15 days. We stop drains, the result of self-abuse. Immediately. We can restore the sexual vigor of any man under 50 by means ot local treatment peculiar to ourselves. We Cure Gonorrhoea in a Week The doctors ot this institute are all regular graduates, have had many years" r-iarr. vvn hfTi lfnown In Portland tain, and will undertake no case unless norfnln rure can be effected. ..natnVa nr rharrfl no fee. Cnnsulta- 90c A FREE Above nil other thlngii, ive strive to save the thou sands ot young and middle-aged men who arc plung ing toward the grave, tortured by the woes of nervouM debility. We have evolved a special treatment for Nrvous Debility and special weakness that is uni formly successful in cases where success was before and by other doctors deemed impossible. It does not stimulate temporarily, but restores permanently. It allays Irritations of the delicate tissues surrounding the lax and unduly expanded glands, contracting them to their normal condition, which prevents lost vitality. It tones up and strengthens the blood vessels that carry nourishment. The patient realizes a great blight has been lifted from his life. MUX WHO ARE SUFFERING from any weakness to feel that they can come