mnmg
TOL.XLV.KO. 13,784.
PORTLAND, OREGON, SATURDAY, FEBRUARY 11, 1905.
PRICE FIVE CENTS.
HHi
I
I) HIS DEFENSE
Stoessel Replies to
His Critics
HE TAKES ALL BLAME
Say:
m , l .1 " r I J
s ron annur oouiu
Not Hold Out
1AST HOPE OF RELIEF GONE
Supply of Food and Munitions
Almost Exhausted,
CARNAGE THE ALTERNATIVE
Btoesse! Officers Unite in Denouncing
. Alexieff and Admiral Ukhtomsky,
and Extolling Kondratenko
as the Hero.
(Copyright. 1005. by the New York Times.)
ADEN, Feb. 9. The French steamship
'Australian arrived here at 8 o'clock this
evening, carrying among her other pas
sengers General Stoessel, Beven Generals,
two Admirals, 13G other officers and 143
artillery soldiers, formerly of the Port
Arthur garrison. Mme. Stoessel brings
with her six orphans whom she has adopt
ed, sons of officers who fell at Port Ar
thur. Communication between the Aus
tralian and the shore Is not allowed on
account of a recrudescence of the plague
licrcH where there are 50 deaths a day.
.Wo were able to embark, thanks to the
isolation of the rock In front of Aden, on
Tvflilch Is a plague hospital. Wc were
TgrracioTjFjy received ui ff"1 Stoessel
end General Reiss, his chief of staff, who
acted as interpreter.
They said it was a sad thing to return
vanquished, but they were conscious of
bavins: done their entire duty in holding
the fortress as long as they did.
Only for Four Days More.
They could not have held Port Arthur
pt tho most for four da?s longer. The
munition and food supplies had been al
most completely exhausted. There re
mained only COOO loaded shells and 2,000,000
cartridges, which were powerless against
the 11-inch guns which rained their lire
upon the Russian front, 25 kilometers
long.
"In the garrison," said General Stocs
eol, "there were 30,000 men, of whom 18,000
were in tho hospital and 4030 were non
combatants. Of the remaining 8000, SOW
were afflicted with scurvy and were
obliged to fight down in the trenches.
"For several months," said General
Btoessel, "the troops received 200 grammes
ef horse meat apiece each week. All the
food was prepared with machine ouO
"After September, the only ships which
pucceeded In running the blockade were
the steamer King Arthur, commanded by
a French captain, and three junks. All
brought flour.
Last Hope of Relief Fades.
"The last news we received from the
outsldo world was on September 20, when
a telegram from General Kuropatkin said
ihe would come to relieve us in three
months. The three months having passed
and no news of the fleet under Vice-Admiral
Rojestvcnsky having been received,
the situation became desperate. The gar
rison being exhausted and the fleet, whose
preservation had been the principal rea
son for resistance, having been destroyed
after the capture of a high mountain (203
Meter Hill). I considered that further pro
longation of the struggle would Inevitably
lead to frightful carnage."
General Stoessel added that he decided
on tho capitulation on his own authority
and without consulting any one. He con
cluded by saying:
Clear Conscience Above Fame.
"The Czar and my peers will judge
whether I should have prolonged the siego
or by a heroic but criminal act have
blown up the fortress. I prefor a less
trreat name in military annals to having
20,000 lives on my conscience."
Alexieff Most to Blame.
A number of other officers whom I inter
viewed did not share this moral satisfac
tion of General Stoessel. They expressed
violent resentment toward Admiral Prince
Ukhtomsky for his disastrous handling of
the fleet, against several incapable Gen
erals, and above all against ex-Viceroy
Alexieff.
The last-named, they declare, had fore
seen nothing and prepared nothing. Tt
was necessary to reconstruct the greater
part of the fortifications -under deplorable
conditions and under the Arc of the
enemy.
Kondratenko the Hero.
The officers declared that General Stoes
sel' was a brave man, but not a genius. J
General Kondratenko, they said, was the
real soul of the defense, and was adored
by his men. When he died, Port Arthur
died with him.
Smyrnoff and several other Generals. In
splto of the Czar's permission, preferred
captivity to a shameful return.
In spite of tho sympathy of the passon
pers and tho warm ovations they re
ceived at Saigon, Indo-China, the Rus-
lan officers on the Australian arc all mel-jL
ancboly. When thoy wcro asked If they
were glad to return, to their fatherland,
they replied:
"No," and added sadly that If General
Kondratenko had been in command at
Port Arthur, they would not have been
here.
The Russians -will leave the Australian
at Port Said. One officer, -who Is HI, dis
embarked here.
BOTH SIDES MAKING FORTS
Armies Labor Constantly in Villages,
and Snipe at One Another.
HEADQUARTERS OF THE RUSSIAN
ARMY, Huanshan. February 10. At pres
ent the attention of the Japanese Is main
ly concentrated on the narrow line east
and west of the railway, where also pass
the two main roads to Mukden. The
armies are closely in touch all allng the
lino of Sandiapu, Paohsingtun, Chen
lianpu, Liuchangtun and Shakhe.
The region is entirely deserted by na
tives, but their stone houses and stout
walls have been turned into veritable
fortresses. The declivities have been Iced
and the ascent would be almost Impos
sible, even without obstructions and
abattis. The approaches to the streets of
the villages can be swept by machine
guns hidden behind the thick walls.
Notwithstanding the number of these
quasl-fortresses. the Japanese are not
slackening their energy in entrenching,
but persist in the work in the day time
and in the face of the Russian batteries,
and at night the loud noise of the rum
bling of carts gives evidence of their un
tiring labors. The Russians are equally
persistent, and, beside harassing the Jap
anese working parties with rifle and can
non Are, themselves are fortifying and re
fortifying. The Japanese continue to scatter procla
mations in tho Russian lines and these
papers are openly distributed by Chinese
in the 6treets of Mukden.
FLEET STILL HUGS THE PORT
Rojestvcnsky Quarrels With German
Colliers, and His Men Are Mournful.
PORT LUIS, Mauritius, Feb. 10. Arriv
als trom Nosslbe (off the coast of Mada
gascar) report that tho Russian second
Pacific equadron was still there on Febru
ary 2. A dispute had arisen between
Vice-Admiral Rojestvensky and the Ger
man companies which are coaling the
fleet. The Admiral, who is well supplied
with coal wishes the colliers to follow
the fleet, "but they refuse to do so on
account of the too close proximity, of the
Japanese squadron.
The Russian ehips will not leave Nos
slbe before February 28. They are getting
little news from St, Petersburg, and the
crews are dispirited owing to the fall of
Port Arthur.
Lieutenant Yokowo a Hero.
TOKIO, Feb. 11. The publication
of
naval honors discloaes the fact that Lieu
tenant Yokowo, commander of the torpedo-Swat
destroyer Fuji, thrice during
last July swam into Port Arthur harbor,
towing fish torpedoes. Lieutonant Yokowo
performed many other acts of bravery.
Railroad Shops Burned.
LORAIN, O., Feb. 10. The Baltimore &
Ohio Railroad shops were destroyed by
lire tonight. Loss,.-5100,000, ,
CONTENTS 0FT0DAY'S PAPEB
The Weather.
TODAT'S Fair and continued col J: northerly
winds.
YESTKTtDAY'S Maximum temperature, 37
deg.; minimum, 25. Precipitation. 0.01 inch.
War In Tar East.
General Stoessel .answers those who condemn
surrender of Port Arthur. Page 1.
Both armies fortify themselves In Manchuria.
Page 1.
Russia sees nece?lty of peace, but hosltates
to confess It. Page 4.
Itojestvensky's fleet will sail from Madagascar
. on February 28. Page 1.
Japan will next bealege. Vladivostok. Page 4.
Forelcn.
Nev Rusarian Minister of Interior causes search
of "Wltte's house. Page 5.
Czar tells Tolstoi's son he Is preparing plan
, for a people's assembly. Page 0.
Many conflicts between police and strikers In
Poland cause hundreds' of deaths. Page
Workmen of St. Petersburg strike again, and
increase demands. Page 2.
Many German miners are blacklisted, and
strike may bo renewed. Page 11.
National.
Threats against American control of Santo
Iom!ngo Custom-House cause Admiral Slg3
bee to threaten to shoot. Page 4.
Senate begins taking evidence in Swayne Im
peachment case. Page 11.
House Republican caucus decides to reject
Senate amendments to statehood bill. PaEe 1.
Transport coming to Portland with troops from
the Philippines Page 1.
Payment for Klamath Canal to be fixed by
arbitration. Pago 1.
fienate will not pass Tate bill this session,
Page 1.
Political.
Kansas war on Standard Oil culminates in
boodle diargos and fhttt-4ewn of oil wells.
Pag S. '
Domestic
lloch's last wife tells about his marriage to
her four days after licr slater's death; he
confesses he has had 13 wives. Page 3.
Pacific Coast.
Frank Jones, paroled from Portland, Is arrest,
ed at Tacoma, where he robbed a Chinese.
Page 7.
Hood River saloons are closed and law vio
lators are fined. Page 14.
Cold wave Is general over the Northwest.
Page 11.
Tacinc Coast Legislatures.
Governor vetoes Port of Portland Mil; Bailey
promises sensational evidence against Thorn
as. Pace 6.
Exciting debate over formation of new coun
ties. Page C
Commission bill of whatever sort will satisfy
"Washington legislators. Page 7.
Commercial and Marine.
Contracting for wool comes to an end. Page 16.
Sharp declines In wheat and barley at San
Francisco. Pago 35.
Grain pits at Chicago close without -chance
Page 15.
Southern steel stocks higher on rumors of con-
. solldatlon. Page 14.
Mercantile agencies report trade conditions
good. Page 15. .
Steamer Costa Rica, sails on last trip from
Portland. Page 14.
i?lort.
Signing of First Baseman Nealon completes
the San Francisco baseball team. Page 14.
Portland and Vicinity. .
Prominent men Indicted by Federal grand Jury.
Page 1.
County Judge will order draws closed for cer
tain hours during the day; clash with War
Department may result. Page 10.
Eight men held up In saloon. Page 14.
Conference on civics to be held during Expo
sltion. Page 10.
Divorces granted In the Circuit Court to four
mlsmated couples. Page 12.
Man supposed to be drunk dies in the City
Jail of fractured skull, and police are
blamed by Coroner Flnley. Page 10.
Italian wotnah murdered by suitor whose at
tentions the had ipurned. Page IS.
Three firemen hurt by .the falling in of
TO BRING TROOPS
Army Transport Com
ing to Portland.
ANOTHER MAY FOLLOW
Infantry and Cavalry From
Philippines on Board.
LEAVES MANILA MARCH 15
Quartermaster-General Arranges for
Fourteenth Infantry and Twelfth
Cavalry, to Land Here Nine
teenth May Embark.
OREGONIAN :NBWS BURHAU. Wash
ington, Fob. 10.-r-Quartermaster-5eneral
Humphrey today notified Senator Fulton
that tlie transport Sheridan will sail
from Manila for Portland on March 15,
bringing the Fourteenth Infantry, which
has been ordered to Vancouver Barracks.
Orders have also been issued that the
second squadron of the Twelfth Cavalry
shall Teturn on the samo steamer and
land at Portland.
General Humphrey has been Investigat
ing to see If It will be possible to sond
another transport to Portland to carry
the Nineteenth Infantry, now at "Vancou
ver, to Manila. Hex says that It will bo
Impossible to have a regular transport
make this trip and It will be necessary
to send a special transport to Portland.
If so, he will have to make a large ship
ment of lumber from Portland on the
same steamer.
The Quartermaster-General promises,
if possible, to have a transport sent to
Portland for the Nineteenth Infantry.
WILL ARBITRATE THE PRICE
Klamath Ditch Company Agrees on
Board.
OREGONIAN NEWS BUREAU, Wash
ington, Feb. 10. Negotiations are well
undor way for the purchase of the prop
erty and vested rights of the Klamath
Ditch Company, In Klamath County. Orr
fon.' II satisfactory terms of 'sale' are
agreed upon and the Government buys
out this company, as seems probabie,
the P.eclamatTon Service will be ready to
proceed with the construction of Its pro
posed Irrigation project, all other ob
stacles having been removed.
President Hawkins, of the Klamath
Company has had numerous conferences
RETURNING
with officials of the Reclamation Service
and has made what ho deems a reasonable
offer to sell out- to the Government, -on
condition that the Government will give
him exclusive .right to navigate in it
canals, and will pay him $230,000 for the
works he has already constructed and in
compensation for losses he will sustain
by being deprived of his vested rights.
He originally demanded $300,000.
Tho Reclamation Service insists that
the property of the Klamath Canal Com
pany and tho work actually done Is not
worth more than $50,000, but admits that
the company is entitled to a margin
on account of the losses It will sustain
by stepping aside In the interest of the
Government. These officials - finally con
sented to pay Mr. Hawkins and his com
pany $150,000 If they will sell out. This
is as close as they can get, but both
parties havo agreed to submit the matter
to a board of arbitration, consisting of
Senators Fulton and Bard and Represent
ative Needham, and to abide by whatever
terms tho board may deem just and
equitable, It being assured in advance
that the price to be paid shall be between
$150,000 and $230,000, with.. the further stipu
lation that the Klamath Canal Company
shall havo the exclusive navigation rights
on the Government canal. It Is believed
that in a short time the board will agree
upon the terms of sale, which both the
Government and Hawkins are pledged to.
accept.
WILL FIGHT HENRY L. WILSON
Ankeny, Foster and Piles All Oppose
His Promotion.
OREGONIAN NEWS BUREAU, Wash
ington, Feb. 10. Notwithstanding- that the
President has announced his intention to
appoint Henry L. "Wilson, of Seattle, Min
ister to Brussels, "Wilson appears to be
some way from being confirmed. Senator
Foster and Senator Ankeny havo both
Indicated their Intention to defeat his
nomination, if it is sent in before March
A, and from recent telegraphic advices
from Seattle it Is lcdbied that Senator
Piles expects to co-operato with Ankeny
after that date to prevent Wilson's con
firmation. Wilson Is now Minister to Chile, and
his record there is highly satisfactory to
Secretary Hay and the President. His
transfer to Brussels is in tho nature of
a deserved promotion, and is made with
out any political influence or significance.
In view of this fact, the Washington Sen
ators, If they oppose Wilson, will array
themselves against the administration,
and will In the end fail in their attempts.
New Oregon Rural Carriers.'
OREGONIAN NEWS BUREAU. Wash
ington, D. C, Feb. 10. Rural carriers ap
pointed for Oregon routes: Baker City,
route , Fred A. Caviness carrier,
Charles Baird substitute; Eugene, route
3, James C. Wooley carrier, Henry H.
Belte substitute: Milwaukle, route 2,
Charles Ballard carrier, Leo Duffy substi
tute. Irene C Brownson has been ap
pointed, postmast'rrat WiJjSjvJHe. Lane
Count!, Or., vice 'ClarOhcB Itobmpson,' re
signed. Pullman Permitted to Resign.
OREGONIAN NEWS BUREAU, Wash
ington, Feb. 10. John Pullman, of Walla
Walla, Wash., has been permitted to re
sign from the Annapolis Naval Academy
because of failure to pass the examination.
COMMANDER OF A CAPTURED FORTRESS
GEN'KItAL ANATOLI M. 6TOESSEL.
YIELDS NO POINT
House Caucus Decides
on Statehood.
STANDS BY ITS BILL
Republicans Will Fight Amend
ments of Senate.
BRING -OBJECTORS INTO LINE
Decision of Former Caucus Sustained,
and All Members of Party Are
Bound by It, Though Some
Are Very Restive.
WASHINGTON. Feb. 10. Statehood for
Oklahoma and New Mexico will not be
granted during tills session of Congress,
unless It be on the lines provided In the
House statehood bill. This was decided
today at a conference of Republican mem
bers of the House.
The following resolution setting forth
this position was adopted, 112 to 33, after
three hours of debate;
Resolved. That it is the sense of this confer
ence that the caucus decision of Republicans,
held April 15, touching: the statehood or New
Mexico and Arizona, as provided in the bill of
the, House, which lias been amended In the
Senate and is now pending in the House com
mittee on territories, be Insisted upon, and that
we insist on such parliamentary proceedings
as can be had by a majority of the House, or
such a special order as can be ordered and
adopted by a majority of the House, under
which the aforesaid policy of the Republicans
of the House will be worked out.
Cannon Carried His Point.
Speaker Cannon is the author of this
resolution. When the conference con
vened three proposals were laid before
It, none of which was adopted. The first
was a resolution offered by Dalzell. re
citing the history of tho statehood legis
lation in the House and reaffirming the
caucus action taken at that time. An
other was a resolution by Sibley of Penn
sylvania, providing that the statehood bill
be made the subject of .conference, be
tween the two houses. The third wa3 an
amendment to the resolution offered by
Tawne recommending that In such con
feronce the House conferees be instructed
to insist on the House provisions of the
hill.
Delegate Rodey, of New Mexico, made
a strong appeal for concurrence In the
Senate bill. However, he did not make
any motion to this end. Other speeches
were made by Representatives Dalzell
(Pa.). Hamilton (Mich.), chairman of the
committee on territories, and Powers
(Me.). Delegate McGulre, of Oklahoma,
pleaded for action whereby at least Okla
homa and Indian Territory might be ad
mitted. Speaker Cannon occupied the floor at
length on two different occasions. Other
speakers were Representatives Hepburn,
Tawney, Burkett, Needham, Brick and
Gaines.
The debate was keyed to a high pitch
at all times. The ground was taken by
thoso who favored the House provisions
or nothing that the Republicans of the
bod" would be sacrificing their position
taken heretofore to a few Republican
Senators who had seen lit to unite with
the minority of the Senate. If the bill
as amended was accepted.
Bound by- Previous Caucus.
A definition of what Is regarded as the
binding feature of a caucus was made to
those Republican members who have in
dicated an intention to vote with the
Democrats, should opportunity arise for
the acceptance of the Senate bill. This
definition was that, unless a member
give3 notice in caucus that lie will not be
bound by the action taken, he must hold
himself bound thereby. At the Repub
lican caucus on April 13. when the House
bill was agreed to as the measure to be
supported, there was no member who in
dicated his unwillingness to be bound by
tlie caucus. This binding feature of the
caucus, it was declared, was in force
throughout the Congress in which the
caucus occurred, and the statement was
made that no Republican member of the
House can now feel himself free to sup
port the Senate statehood proposition.
There is some talk among House mem
bers that the Senate might accept the
House bill and negotiations with this end
In view have been in progress. To niake
it impossible for the House committee to
take any action until some understanding
has been reached, the committee at Its
last meeting adjourned to meet at tlie
call of the chairman, and no meeting will
bo held until a call shall have been issued.
SENATE PLAYS FOR MORE TIME
Elkins Tells Roosevelt It Can't Pass
Rate Bill This Session.
WASHINGTON, Feb. 10. (Special.)
Senator Elkins, chairman of the
committee on interstate commerce,
called upon President Roosevelt this
afternoon and informed him that the
Senate could not at this session of
Congrress give him the railroad legisla
tion desired. He discussed the situation
in all its phases and suggested to the
President the possibility of hi3 commit
tee not making: much greater headway
than to continue Its hearings and later
report! the resolution offered by Kean
(N. J.)' providing- for a Congressional
investigation of the subject during- the
recess.
Tho Esch-Townsend rate bill, which
passed the House yesterday, was re
ceived by the Senate before adjourn
ment this evening, and immediately re
ferred to. Elkins committee, which will
hold a special meeting- tomorrow for its
consideration. It is understood that at
today's meeting- of tlie committee an in
formal poll disclosed ten members op
posed to action at this time to three in
favor of it-
Tho President has not changed his
belief -that the Senate should pass tne
f Esch-Townsend bill at this session.
LEAVES IT ALL TO PRESIDENT
House Considers Panama Canal Bill
and Passes Pension Bills.
WASHINGTON. Feb. 10. After main
taining its record for the rapid disposal of
private pension bills, 433 being passed in
an hour and a half, tho House today con
sidered for a short time the bill providing
a government for the Panama Canal
Zone. An early adjournment was taken
to enable the Republicans to confer on
the statehood bill.
The House passed a bill to provide for
a land district in Wasatch and Uintah
Counties. Utah.
The bill providing for the government
of the Panama Canal Zone, which among
other things abolishes the Panama Canal
Commission, was then considered. In ex
plaining the measure. Mann (III.) said that
It was not intended as a reflection on the
present commission, but that it was nec
essary to separate the engineering prob
lems from the administrative problems in
constructing the canal. The bill, he said,
left the President authority to appoint
any of the present commissioners as con
sulting engineers. The measure was, still
under consideration when the. House .ad
journed until tomorrow.
NEW TARIFF FOR PHILIPPINES
House Committee Favorably Reports
Secretary Taft's Bill.'
WASHINGTON. Feb. 10. The House
committee on ways and means today au
thorized a favorable report on the tariff
bill for the Philippines. The bill is a
complete revision of the duties collected
by the Philippine government on imports
from all countries. The schedules as
prepared by the Philippine Commission
and revised by Secretary Taft were not
amended in any material particular by
the committee. An unsuccessful effort
was made by Williams (Dem. Miss.) for
the minority, to provide ubsoiute free
trade on those articles which the Philip
pines have heretofore purchased from the
United States, and also to reduce the
duty on rice.
On motion to report the bill there was
no party division.
Proceedings of the Senate.
WASHINGTON. Fob. 10. Before the
routine proceedings of the Senate began
today President pro tem. Frye announced
his selection of Perkins to read to the
Senate Washington's farewell address on
February 22. He also announced the selec
tion Qf Depew and Culberson as visitors
to the Military Academy and of Dick
and McCreary as visitors to the Naval
Academy. The following" bills were
passed:
Authorizing the Secretary of War to
sell magazine rifles to rifle clubs upon
requests of Governors of the various
states.
Permitting the Territory of Oklahoma
to appropriate money to construct qgri
cultural college buildings.
Gunboat Newport Towed to Navy-Yard
NORFOLK. Va.. Feb. 10. The United
States gunboat Newport, which, while
bound from Boston to Santo Domingo
last week, lost her propellor off the Caro
lina coast and was for several days
helpless at sea, was towed to the Norfolk
navy-yard today by tlie auxiliary gunboat
Siren.
FENCED III LAND
Prominent Men Indicted
for Conspiracy.
ACCUSED BY GRAND JURY
Charges Filed Against John
Hall and Edwin Mays.
W. W. STEIWER ALSO NAMED
Binger Hermann, H. H. Hendrickl
and F. P. Mays Are Implicated
Henry Meldrum and Others
Face New Indictment.
THOSE WHO WERE INDICTED.
Wlnlock W. Steiwer. e.x-State Senator
and president of the Butte Creek Land."N
Lumber & Livestock Company.
Hamilton H. Hendricks, secretary and
treasurer of the company.
Clarence B. Zaehary. Adelbert C
Zaehary. Charles A. "Watson and Clydo
K. Glass, officers and employes of the
Butte Creek Company.
Binger Hermann, cx-Commissioner o
the General Land Office, and now Rep
resentative In Congress.
John II. Hall, cx-Unlted States Dis
trict Attorney.
Edwin Mays", ex-As3istant United
States Attorney under John H. Hall.
Franklin P. Slays, State Senator from
Multnomah County and attorney for the
Butte Creek; Company.
Edward D. Stratford, an employe o
the company.
In the Meldrum Case.
Henry Sreldrum, ex-Surveyor-Genera!.
George E. Waggoner, ex-chief clerk, in
Meldrum'3 office.
David "W. Klnnalrd, ex-examlner of
surveys.
Benjamin F. Mtnton and . Guatave
Klaetsch. land surveyors.
George Sorenson. Llvy Stlpp and Frank
II. Duncan, notaries public.
Two indictments were returned by the
Federal grand jury yesterday afternoon,
by one of which the Ions-drawn-out in
vestigations into the dealings of the
Butte Creek Land, Lumber & Livestock
Company were brought to a close, while
the second added another mark to the list
already against the names of Henry Mel
drum and his associates.
The Indictment against the Butte Creek
Company and some of its employes
charges a conspiracy to prevent and ob
struct the free passage over and free use
of certain of the public lands situated
in Wheeler County. The document ais
alleges that threats of violence and other
means of intimidation were used to drive
those legitimate homesteaders already
settled on the land from the vicinity. As
defendants tlie indictment, names Win
lock W. Steiwer, cx-Statc Senator; Ham
ilton H. Hendricks, secretary of the Butte
Creek Land Company; Clarence B. Zaeh
ary, Adelbert C. Zaehary, Charles A
Watson and Clyde E. Glass, employes of
the company; Binger Hermann, John H.
Hall. Edwin Mays, ex-Assistant United
States Attorney; Franklin P. Mays,
Clark B. Loomis and Edward D. Strat
ford. The second Indictment i? against Henry
Meldrum. ex-Sureyor-General; George E.
Waggoner. Meldrum's clerk; David W.
Klnnalrd. Benjamin F. Minton and Gus
tave Klaetsch. deputy surveyors; George
Sorenson. Llvy Stlpp and Frank H. Dun
can, notaries public. It is brought under
the same section of the revised statutes
of the United States as the foregoing and
alleges that the defendants conspired to
defraud the Government of the United.
States by false and fraudulent surveys.
The section reads as follows:
Section JV440. If two or more persona con
spire together to commit offense against, the
United State.", or to defraud the United States
In any manner or for any purpose, and or.o
or more of such parties do any act tt effect
the object of the conspiracy, all the partica to
such conspiracy shall be liable to a penalty o
not less than $1000. and not more than $10,000.
and to imprisonment not more than two years.
Details of Alleged Conspiracy.
The story of the first Indictment has
been told- before and the details are well
known. It is alleged that on February
15. 1902. the defendants entered Into a con
spiracy to defraud the Government by
preventing the use of a portion of the
public lands situated in Wheeler County.
It is alleged In general that the B.utte
Creek Land, Lumber &. Livestock Com
pany, through Its employes, acquired the
use and benefit of a large portion of the
public lands in Wheeler County. It is
charged that the employes of the com
pany and those secured for the purpose
by the company would take up claims
scattered alons the line of a large circle
through Wheeler County. These claims
would then be fenced in. thus- inclosing
thousands of acres of Government land
in a large pasture, which would then be
used by the company in pasturing its
Hocks.
Many of these claims were fraudulently
gained, so it is said, and are now being
held unlawfully by the company. The
men who filed on them were hired to do
so by the company with the understand
ing that the xJalms should be deeded to
tho corporation as soon as secured by
patent from the Government. The claims
were so taken that, with the aid of the
rlmrock and the streams, forming nat
ural barriers across whlch no cattle could
pass, fences could be. built from claim to
claim, leaving no, point of egress from
the land inclosed.
After having, fenced up the land, it is,
iConcIuded- on' Page 11.)
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