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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (July 11, 1905)
VOL. XLV.-XO. 13,912. PORTLAND, OREGON, TUESDAY, JULY 11, 1905. PRICE FIVE CENTS. BRINGS IN NAME OF WILLIAMSON NewTestimonyAgainst Representative. HELPED TO PICK HIS CLAIM J. S. Watkins Says He Agreed to Sell the Land. MADE IMPLIED CONTRACT To Avoid Illegality, He Desired to Pay for Claim Without the Aid of Williamson and Gcsner. J. X. "Williamson felt the first direct Dreath of the Government's case against him yesterday afternoon, when John S. "Watkins testified in the Federal Court that he had met the Congressman In the woods near PrJneville, and that 'William son had taken his daybook from him and entered in It the descriptions of the hmd he desired him and his -wife and brother-in-law to file upon under an Implied con tract to deliver the claims to the firm as Boon as patented. The witness further testified to hlrf tacit contract with the firm of Williamson & Gesner, and to his intention to pay for" the filing fees and other expenses incident to securing the claim out of his own money, in order that he might thus avoid illegality and keep himself clear of the law. It was the first tightening of the web which the prose cution promises to weave around the three defendants. The rest of the session of the after noon, delayed as it was by the argument upon the Mitchell motion for n new trial, followed the lines shown by the witnesses of the preceding days. Henry E. Beard, the mountaineer who confessed on the previous day of trial how he had perjured himself before United States Commissioner Biggs in or der to flic upon the claim as set tut in liis Implied contract with Gesner, was re called to the vtand for the reft of his cross-examination by Judge Bennett The evidence of the witness was a repetition of that in his direct -examination brought out under the crossfire of the defense. This witness was followed by Frank Ray, whose tale 'was similar to the others already told. He had been induced to take up a timber claim through Green Beard, his father-in-law, who In turn had been perauadod . by Biggs and Ges ner. His ptory was in the mean a repe tition of those told by the other wit nesses. Ray was followed by Frank S. Watkins, who brought the name of. Mr. William son into the case for the first time, but whose story was otherwise the same as those that had been told before. He had feen Biggs and had agreed to take up claims and to Induce some of his relatives to do the same. He had been forced to relinquish and had been summoned to appear before the grand Jury. That was about the whole of his story. Wllford J. Crane, a young man, was before the eyes of the Jury when the hammering of the property man in the corridor forced the court to adjourn for the day In hopes that the noise would cease. Crane apparently has the same story to -tell, of how he met Biggs, was seduced by the promise of 575 and joined the others in filing on timber land. His tale commences the same as the rest of those already unfolded and promises nothing new. AVILLIAMSOX TRIAL RESUMED Witnesses Testify as to Their Trans actions With Defendants. The 'trial of Williamson and his asso ciates was resumed yesterday afternoon at 2:35. the delay being caused by the overlapping of the argument In the Mitch ell motion, which had been set for the morning session, but had not been quite completed. At the commencement, Henry B. Beard was recalled for the remainder of his cross-questioning by Judge Bennett. The defence began the inquisition by ask ing the witness about the money owed him by the firm of Williamson & Gesner at the time of his making the application for his claim. Judge Bennett elicited the fact that the man had about $100 coming to him. and that he had been working for $35 a. month. Then the questioning was lurfd ,to ,the contract the witness had testified about in relation to his claim, and he waa asked when he had first told of the existence of such an obligation to deliver hit? claim, and whether it had been oral or implied, verbal or written. The witness testified that he had first told of the contract to Mr. Neuhausen a year ago last May, when that official had been in vestigating the status of the Prlneville claims. Mr. Beard also stated that he thought he had talked to Neuhausen and to Heney and Burns before ho went into the grand Jury room last Fall. Judge Bennett tried to get the witness to state that he had been threatened by Indictment for perjury by the Govern ment unless he had testified in the case, and Beard said It seemed to him as though something had been said in regard to the matter. Neither had he been scared into .giving any story to the prosecution. "Well." said Judge Bennett, "didn't they ask you leading questions, if this was so and that was so and that was not so?" The witness stated that Mr. Neuhausen had asked him questions about what he had- said to the officer when the latter was out making his investigation. continued the lawyer, "is it not a fact that theyhave threatened you with i2dl!?eni. s,J2fe yt?u have bee" here at this triair The witness did not remem ber anything about such a threat. "Didn't they road over the statement they claimed you had made to Neuhausen and ask you if you remembered what vou had said?" "Yes. sir." "That wat a statement Neuhausen wrote out, and not one you wrote V "Yes." The defense then questioned the witness about his association with the Govern ment officials since his arrival in the city as a witness, and asked it he had seen any of the defendants or talked to them. The Prlneville man stated that he had seen Neuhausen and Burns and had talked to them, but he had not seen any of the de fendants. The witness was turned over to the prosecution at this point, end Mr. Heney took him in hand for a SDelL "Did you see Gesner and Graves, the surveyor, yesterday in a saloon." ques tioned jar. Heney, looking at a little pa per he held. "No, sir." the witness re piled, "I saw them on the street." "That statement you made in Prlneville to Neuhausen was taken down In short hand and signed by you, was It not?" "Yes, sir." This was objected to by Judge Bennett, who asked that the evidence be stricken out as Incompetent and the Jury be .in structed not to consider it in its delibera tions. The contention was overruled by the court. Paid Money Back to Gesner. "Did you receive any notice from the land oince as to what had been done with your claim?" "Yes, sir. I got a letter stating tnat it was in connict witn nc Rae's." The prosecution Introduced the letter from the department Inclosing a voucher for 5410, the amount .paid upon the claim. The letter stated that the claim had been found in conflict with a previous filing, and that the money waa returned, while the claimant would be given SO days in which to make appeal to the Commissioner of the Land Office. ThlB letter had ben sent to the witness in care of Marlon Biggs, and had been sent by Biggs to the local land office at The Dalles, with a postscript added to the register asking that te entry be changed from the southwest to the south east quarter In order to overcome the conflict. The witness stated that a short time after he had signed the voucher he had received a check for the amount from the kind office, and that he had taken it to the bank, cashed It and taken it to Dr. Gesner's office, where he paid It over. "How long after you had the check cashed did you see Gesner?" was asked. "It was about five minutes." "Did you see him before?" "Yes, I asked him if he wanted me to indorse the check and cash it or to indorse it and have him cash it. He told me to cash it, and I did and took the money to him at the office." "Did Boggs work for Biggs?" asked Mr. Heney, reverting to the testimony of the previous day. The witness an swered In the affirmative. "Did ho work for the County Clerk, too?" "No, sir." "Did you write the answers in the affidavits you identified yesterday?" "No. sir. Boggs wrote them." "Was this question read to you by Boggs. 'What "do you expect to do with this land when you get title to it, and did you answer and say. "'us it for my own uso and benefit. Yes, sir." "Was the question, 'did you pay out of your Individual funds the expenses of filing and do you expect to pay tho expenses out of your own funds?' and the answer 'Yes, fixed by Boggs." "It was aiready written." reii me now tney nxca tnose pa pers." "Boggs asked us our ages and just wrote them in." The prosecution here showed tne ap plication of the witness which had been altered to read, the southeast quarter instead of the southwest as was in the original. The witness stated tnat he .Tiad not made tne alteration and did not know that It had been done for a long: time afterward. Did you ever have a talk with Ges ner about the change?1 tho witness was asked. Yes, he said, he told me that McRae had filed upon the claim and that he 'had' changed my claim from the southwest to the south east quarter. Prank Rae Testifies. Frank Rae was the next witness called by tho Government. He, like all of the others who have yet appeared wae a resident of tho vicinltr of Prmo- vllle and -had known all of tho de- been induced to file upon a timber claim by Green Beard,, his father-in-law, who had been won by Biggs to do the same thing. "Whnt did Green Beard say?" Mr. Heney asked, but the defense objected and the objection was sustained, though Mr. Heney contended that tne testimony showed Beard to have been in fact a conspirator against the Gov ernment. i"Well." asked Mr. Heney, tnking another tack, "what did you do first?" "I went, to see the land." "Who was there?" "A number of people: Doc Gesner, Charlie Graves, "Wakefield "and several others." The witness testified that he had heard Gesner make a speech at the sheep-sheuring plant in which the doc tor had said that he had mention. -J to somo of them about taking up tim ber claims and that he now wanted to talk to all. He had said that there was a craze for timber claims at the time and that Eastern people were coming in which wbuld hurt the coun try and kill off the range. He woulJ therefore like to have those listening to him take up claims and that he would give $500 for -the claim when it had been passed to patent, and that he would furnish the money to make the filings and prove up on the lands. Gesner had also said that he woulJ' pick out the claims and that he would take the note and mortgage of the claimants so that It would make everything right. "Did he say anything about your clearing anything on the claims?" the witness was asked. "Yes. he said that the claims would cost about 5416 and that we would get the rest of the 5500." "Did anyone show you the lands?" "Yes, Doc went out with us and point ed out the lands and said that was where he wanted us to file. Ho said for U3 to go to town and see Biggs and he would give us the numbers to the claims." "At tho timo you signed the affida vits." asked Mr. Heney. "did you in tend to convey the lands to Gesner ns soon as you had secured the titles?" "Well. I don't know. That was the cal culation. It was my understanding at the time .that I was taking the land up for him." "You Intended "to do that?" "Yes, sir." "Who paid the filing fees?" "I gave Gesner a note and I guess he paid them." "Did you sec Gesner?" "No. sir; not that day. "Well. I will tell It tho way It was. I saw Gesner the day before and he told me that I would have to pay the filing. I told him I would not do it and next day he told me to go to see Biggs and he would fix it up. 1 went up and Biggs fixed up the note. I didn't have to talk to him about it." "Whon did you have a second talk with Gesner?" "It was December t, 19Tj2. It was in Prlneville and Geb ner said that the best thing to do was o relinquish my right. He said he couldn't let me have the money and that there was so much trouble about the land frauds that I had better let the claim go." "Doc" Was Getting; Scared. "When you went to Biggs to relin quish, what did ho say?" "Ho said that Doc. was getting scared and that he might as well have gone ahead with It." "Did you havo a talk with Biggs before 3ou came to appear before the grand jury? "Yes, he said that he wanted me to say that there was no contract between us." On the cross-examination. Judge Bennett sought to show by the wit ness that Biggs had told the witness at the time of filing that he could not make a contract with Gesner or Gesner with him. but the witness failed to make the admission. The defense also attempted to establish the fact that the witness had contemplated taking up a timber claim prior to meeting Biggs, and had attempted to borrow money for the purpose, but the wit ness denied that he had ever contem plated such action. Failing In this (Coo eluded oa Pace S.) IT WILL EXCEED FIFTEEN HUNDRED Great Registration of Dele gates to Congress of Med- ical Association. PLANS FOR THE SESSIONS Leading: Physicians and Surgeons of the Continent Are in Portland lor the Annual Meeting of Their Organization. SM PULLMANS. More than WOO pastencera hare ar rived In Portland occupying Pullman care alone since Saturday. Including those coming on trains scheduled for the -arly morning hours of todax. Two special tralnt from Chicago, one from Jersey City, one from Pennsylvania, one from Kanea City, and one from California and special earn from St. Louis, Jacksonville. Nashville. Louis ville. Denver and Los Angeles represent a part of the total equipment bringing guest to share hospitality of the Ro City. Yesterday 134 Pullman cars were received In th Northern Pacific ter minal yards, 62 arrived Sunday and 60 are scheduled for tma morning This total of 235 Pullman car?, aver aged on the low basis of 25 persons to each car would total 3900 pa?engers. There has been no like movement of travel to the North Pacific Coast and only two or three occasions when Cali fornia travel reached such large pro portions. Transcontinental roads are handling the traffic with dispatch sat isfactory alike to the passengers and officials of the railroads. Delegates to the American Medical As sociation to the number of almost 750 were registered at the headquarters reg istration office at tho Armory yesterday, and visitors to the number of as many more, which is an exceedingly large ad vance registration. In the opinion of those having the best opportunity to es timate the number It Is now conservative ly calculated that the total registration of delegates will be In excess of 1500. and. that the accompanying visitors will be fully equal to that number. First Business Session. This forenoon the first business session of the general convention wlll.be called to order by President John H. Musser. in the great drjllroom of the Armory. There will be assembledtbe largest"repre;enta- tion of the men who saennce every tie of Individuality to minister to the needs of fellow creatures that has ever gathered on this Coast, combining the giant intel lects of one of the most scientific callings that contribute to advancement of ' the world and reveals means of diminishing suffering and preventing contagion. Ad dresses of welcome will be delivered by Mayor Lane, on behalf of the city; by Dr. George F. Wilson, on behalf of the Oregon State Medical Society; by Dr. H. W. Coe. on behalf of the City and County Medical Society. Dr. K. A. J. Mackenzie, chairman of the committee on arrange ments, will present the report of that committee. President-elect Lewis S. Mc Murtry, of Louisville, will .be introduced by the retiring executive. President John H. Musser. of Philadelphia. There will also be an evening session at the Armorj'. at which Dr. Charles G. Stockton, of Buffalo, will deliver an ora tion on medicine and Dr. John Collins Warren, of Boston, will deliver an oration on surgery. Great Interest Shown. That the leading physicians and sur- rrnn nt thi Amprifun mntlnunt am In Portland for business was demonstrated by the large interest displayed In the sessions vfcsterdav of th hniKi nf rinin. gates, and likewise In the Initial registra tion at neaaquarters. ine nouse or aele cate6 is the legislative branch, and It session is the first hulnpK rprmnn tn the organization. Numerous other organ isations tnat meet annually at the same nlao where the larcir nsrwlaf Inn venes are merely affiliated through their members representing certain divisions of tne science or its application, being also members of the American Medical Asso ciation. This cvenlns: will be clven at th Vatr- grounds a formal general reception to the entire association and frinri at th American Inn from S to 9 o'clock. At tne close of the reception the guests will retire to seats on the veranda and in front of the caravansnrv vhr tii. sive special decorations will have been arrangea to witness a special display of fireworks discharged from flnnla In tVia lake. During the hour from 9 to 10 o'clock an ooats ana launches plying on Guild's Lake will be engaged for use of guests of the association. From 10 tn 11 v.iv supper will be served at the American jnn. ana irom n to 12 the doctors and their friends will witness a special per formance of Klralfv Wnlrn tn vhUh only guests of the association will be aamiuea. Later serice of streetcars hn hn ar ranged for in order that all may reach xneir notejs ana stopping places after the close of the evening's entertainment. SECTION" ON' XARCOTICS. Physicians WJio Study Effects of Alcohol and Drugs to Meet. The section of the American Medical As sociation that deals nrlnelnnllv nMiVi study of Inebriety, alcohol and other nar cotics, will hold Its meetings Wednesday and Thursday of this week. The section will convene In the Atkinson School build ing. President Dr. W. S. Hall, of Chi cago, will deliver the annual address. Re ports oi committees ana papers on the sublects treated will be reaA v.- t Madden, McNlcholi; Crothers, Stewart and otners. Beginning at s A. M. Friday there will be a memorial semlnn in v. of the late Dr. N. S. Davis, of Chicago. H.nu uiis oc wie continuation of a similar meeting before the congress of dele (rates. Addresses will h riitvAr v... Drs. Hall. Webster, Crothers, Holllster, ex-fresiaent uminss, -President McMur trv. ex-President Musser. rtfh... others. This meeting will be open to the pUDUC The objects of this, branch of the asso ciation are to promote the scientific study of alcohol and other narcotics, particu larly the etiological, physiological, thera peutical apd medico-legal relations, and also the serological and clinical aspects of this subject; to gather and formulate all the" facts of the disease of Inebriety and other forms of narcomanias and point out the means of cure and prevention. This Is an Important branch of the gen eral association and numbers among Its members some of the most noted physi cians of the country. The officers of the section are: President, W. S. Hall. Chi cago; vice-presidents, L. D. Mason, Brooklyn; T. A. McNIcholI, New York; F. DeWItt Reese. Courtland, N. T.; secre tary, T. D. Crothers, Hartford, Conn.; corresponding secretary, C E. Stewart. Battle Creek. Mich.; treasurer, G. W. Webster, Chicago. Drs. L. D. Mason. T. A. McNlcholi and T. D. Crothers com pose the executive committee. CALEB POWERS IS INNOCENT CAUSE OP FIST-FIGHT. Mayor and Jailer Quarrel About His Quarters In Newport Jail, "Where Federal Court Places Him. CINCINNATI. July 10. In the cub tody of the United States .Marshal, un der orders of United States Judge Cochran, who last week assumed ju risdiction in his case, Caleb Powers, charged with complicity in the murder of William Goebel, at Frankfort. Ky.. In the Winter of 1900, was tonlgnt lodged in the Newport jail, across the river from this city, where he will be held pending- a decision of the various legal points arising out of his trans fer from state to Federal Jurisdiction. When Powers arrived at the New port Jail at 7:50 o'clock tonight a con troversy arose between Jailer Ploeger and Mayor Hcmbold ns to what cell the prisoner should occupy. The Mayor insisted that the cell that had been, prepared was not the proper ,pT3ce. Ploeger and the Mayor finally came 'to blows and the latter was knocked down.' During the fight the furniture in the cell prepared for Powers was confiscated by unknowji persons. Sub sequently Powers was placed In an other cell with other prisoners, whero he' will remain until Ploeger can se cure other quarters for him. For five years Powers has been in Jail. He has been tried four times and sentenced to death three times, but, as he walked Into the Jail tonight, he ex pressed hope of his ultimate acquittal of the charge against him. He was the only one of those charged with conspiracy to murder William Goebel to be convicted and sentenced to death. His case is remarkable, and the attor neys today expressed the belief that three more years may pass before the end of the present legal complications will make possible the trial in tha Fed eral courts for which he applied five weeks ago at London. Ky. On Instructions from United States Dis trict Attorney vLinaley. warrants were sworn out late tonight for th arrest of Mayor Helmbold for interfering with United States officers. DUEL FOR BLOOD FOUGHT Lawyer and Newspaper Man Fight "With Swords One Wounded. PANAMA. July 10. A duel with swords was fought this afternoon by Eusebio Morales, a prominent attorney, formerly fiscal agent of the United States at Panama, and Julio Arjona. a well- known newspaper man and Conservative politician. The trouble arose because of the publication of an article by Arjona reflecting on Morales. Arjona was slight ly wounded. Czar Gives Muravieff Audience. ST. PETERSBURG, July 10. The Em perer today gave an audience' to M. Mu ravieff, one of the peace plenipoten tiaries. CONTENTS TODAY'S PAPER The Weather. YESTERDAY'S Maximum temperature. 73 dep.; minimum, S3 drjr. TODAYS Fair and warmer; northerly winds. The War In the Far East. Japanese drive Ruaslana before them in Sabballn. Pace 2. Czar waits anxiously or armistice. Page 2. Peace conference to meet at Portsmouth, N. H. Paje 4. Raasla. Reformers plan to elect new Cxar and Nicholas will yield, to their demands. Face 5. Details of mutiny at Llbau. Page 5. Mutineers Kuttled Fotemkln before leaving 1L Pace 5. Russia demands surrender of Potemkln's crew. Pace 5. Forrfra. Terms of Franco-German agreement on Mo rocco. Pare Roberta warns Britain she is not prepared for Invasion. Pace 4. Mine disaster in Germany. Pag 4. Sven Hedln urges Sweden to prepare for war. Paxe 4. Polities. Bonaparte speaks to Endeavorers on religion and politics. Page 4. James Hamilton Lewis appointed to office- In Chicago. Page 4. Mayor Dunne receles Dalryraple's Teport on public ownership. Pace 3. Xatlaaal. BristoWa recommendations regarding Pan ama railroad. Page 1. Question whether fixers of cotton reports will be prosecuted. Page 9. Domestic, Saloons blown up with dynamite In Kansas. Pace 3. General Funston'a father arrested In connec tion with Iola exploMon. Page 3. Scott's special train runs far ahead of sched ule time. Pace 3. Caleb Power transferred to Newport all and fight results". Page 4. Terrific heat kills people in New York and PltUburc. Page 1. Receiver appointed for bank which was barred from malls. Page 5. More exposures about Equitable Life. Page 4. Portland aad Ylcteity. Editors of medical J oa rails guests at ban quet. Pace 14. -Commercial and 31arlae. Oregon hop crop benefited by hot wetirw. Page 15. Stocks of fruit still Inadequate. PacelS. California wheat too high for export. Paje 15. Fluctuations tn wheat at Chicago. Page 15. Profit selling gives stock, adrance a setback. Paae 15. Flurry in cotton markets. Page 15. Paseengers accommodations to San Francloco overtaxed. Paxe- 5. - TMBty-flrat ship of eason chartered tor Port land. Paxe a.- t ff ' ST ALL' COMMERCE Bristow's Recommendations on Policy of the Pan ama Railroad. fENPACIFIC MAIL DEAL Advises Government to Open Pan ama Route, Cancel Monopolist Contracts and Establish Steamer Lines. WASHINGTON. July 10. The report of Joseph Li. Brlstow, who was appointed a special commissioner to Investigate trade, conditions and other matters affecting- the Panama Railroad and steamship com panies; was made public today. The re port discusses from several points of view the question of what pollcpr should be pursued by the Government In the man agement of the railroad, and makes a number of Important recommendations. Among these are the continuance of the railroad as a commercial line, with Im proved facilities for handling commerce, including double-tracking and re-equip-pln'tbe line with modern rolling-stock; the enlargement of its port facilities, the retention of the steamship line between New York and Colon, the cancellation of the contracts with tho Pacific Mall Steam ship Company and the South American lines, and the opening of the ports of Colon and Panama to all steamship lines on equal terms: and In certain contin gencies the establishment by the Tallroad of steamship lines between Colon and Gulf ports and Panama and Important United Suites Pacific Coast porta. It Is recommended that In traffic connections American steamship lines be favored as far as consistent with the treaty obliga tions of the United States. Mr. Bristow spent sovcral months in his Investigation, visiting the Isthmus of Pan ama, Important ports on the western coast of Central America, the Isthmus of Tehuantcpec, Mexico, and the Pacific Coast of the United States. His report reviews the entire history of the railroad and discusses allegations that its local freight and passenger charges were ex cessive and Its traffic contracts with steamship lraesmonopollstlc, , Complaints Summed Up. He gives a summary of complaints, as follows.: That the railroad's local freight and passen ger charges were excessive. That it had traffic contracts with the Paci fic Mall Steamship Company, and with two South American lines, that were monopolistic In their character, and injurious to commerce. That It had maintained a monopoly for Its own eteamers on the Atlantic side. That shipments via Panama were, carelessly handled, resulting In heavy iou by damage and theft. That owing to lack of facilities there waa a congeatlon of freight on the Isthmus. That commercial bualnee was made second ary to canal business, greatly to the Injury of commerce. He says that a new schedule of local rates adopted February 1 has removed cause of complaint that they were ex cessive. Contract With Pacific 3IaiI. He then discusses the relations of the railroad with the Pacific Mail Steamship Company. Their contract gives the Pa cific Mail the exclusive privilege of through bills of lading to and from all Pacific ports north of Panama, and that company agreed to give through bills of ladlng only by the Panama route. Both parties agreed to co-operate In the mak ing of rates and In protecting each against competition from other steamship lines. The Central American governments com plained that the Pacific Mall rates are excessive, that the contract Is an Impedi ment to commerce with the United States His conclusion on this point Is: It appears that the service of that company has been good, the rates reasonable, and that the complaints of the Central American rep resentaUves are not well founded. Rates to South American Ports. Mr. Brlstow next takes up the complaint of Chile, Peru, Bolivia and Ecuador against similar monopolistic contracts with the Pacific Steam Navigation Com pany and the Companle Said Americana dc Vapores, relating to business with the Pacific Coast of South America. He quotes the rates to show that the greater the distance from Panama, the lower tho rates. Ho says the same system Is fol lowed by the Euorpean lines, and con cludes: It appears, therefore, that this Chilean line and Its South American co-carrier are respon sible for the excessive rates to New York, and ptbe discrimination in favor of Europe com plained of by the representatives of tho South American countries. Complaints !From Pacific Coast. He then takes up "the complaints of United States Pacific ports, saying: Complaint U made by the Chambers of Com merce of the Pacific Coast ports of the United States that the Pacific Mall Steamship Com pany is controlled by the transcontinental railroads, and that It Ut operated so an to discourage commerce via Panama between At lantic and Pacific porta of the United States. The Chamber of Commerce of San Diego states that about S75 carloads of tha products of that vicinity are shipped annually, and that a large part of this freight could be success fully forwarded via Panama, at rates lower than thope charged by the transcontinental roadfl. but that none of this commerce Is moved by way of tho Isthmus because the Pacific Mall refuse to call at that port. Los Angeles Chamber of Commerce rnys that there originate large amounts of freight In the vicinity if that city for shipment, and thae large quanUtles are received there an nually. San Francisco la the only Pacific port of the United States at which Pacific Mall steam ers call. Seventy thousand tona of freight moved via Panama, between New York and San Francisco during- 1004: but many of the San Francisco bustnesa men allege that this quantity la small compared with what It would be. If an effort were made by the Pa cific Mall to secure business as against the transcontinental railroads. The manager of one of the largest fruit canneries on the Pacific Coast eays that 35,000 tona 'of canned ealmon. fruit and vegetables are shipped, an nually to Liverpool and London, and that 'if Improper facilities existed this trade could be. OPEN 1 noved via Panama at rates much lower than those charged by transcontinental railroads for-shipment to Europe via. New York. The tame lack of facilities prevails at Port land, Tacoma and Seattle as at Loa Angeles and San Diego. He quotes the report of a Congressional committee which Investigated the rela tions of the Panama Railroad and the Pacific Mail In 1893. as saying": That the organization known as the Trans continental Railway Pool paid the Panama Railroad $75,000 per month for the privilege of fixing rates by that route; and further stated that th United States should control some outlet across tha isthmus IndependenUy of all railroad connections, for the benefit of American trade. Schwerin's Statements Denied. Mr. Brlstow then continues: "When in San FrancUco a number of citizens called my attention to this report and stated that the Government now has the opportunity to carry out the recommendations of this committee. After carefully considering the statements made by the commercial bodies of the Pacific Coast, the statement of Mr. Schwerln and other data, it clearly appears that the Pa cific Mall Steamship Company haa made little effort to develop business between the Pacific and Atlantic ports of the United States. Mr. Schwerln says that there- Is not sufficient business at the porta other than San Francisco to Justify ahlps stopping. This is vigorously controverted by the shippers and chambers of commerce of . these cities. At San Diego It was stated that the week ending March 11 a vessel of the American-Hawaiian line brought to that port via Magellan 3000 tons of miscellaneous merchandise. Statistics fur nished by the various chambers of commerce show that there is a large volume of business which could be moved by Panama If facilities existed and rates were reasonable. The char acter of? the Panama route la such that cer tain articles can be shipped that way much cheaper than by rail across the conUnent. The Important gulf ports of Pensacola. Mo bile. New Orleans and Galveston have never had opportunities for the movement of com merce by Panama to and from the west coast of the United States, Mexico, Central and South America. The Panama Railroad Company operates a steamship line between Colon and New York and has refused to allow the use of the Isth mus to any competing: line on the Atlantic side. The gulf ports complain bitterly of the refusal of tho Panama Railroad to give them facilities by way of the Isthmus, and state that as a result their commercial de velopment has been greatly Injured. Keep Boud Open to Commerce. He then discusses three alternative lines of pollcy"for the Panama railroad Should it be closed to commerce and used only for canal construction? Should It be used for commerce as secondary to canal work? Should It be used both for canal work and for commerce to its fullest ca pacity? He calls attention to the Im portant place the road haa filled in com merce for 50 years, and continues: The third proposition, that, since tho Gov ernment la required to operate this road as a commercial line. It ought to Improve Its facilities so as to make it of the greatest possible benefit to commerce. Is the one moat generally approved by the shipping publla. The relation that tho Panama JCllroad scatalns to commerce Is different from that of any other transportation company. The United States Government Is constructing a canal across tho Isthmus of Panama at very heavy expense, and the benefit that will ac crue to commerce Is one of the principal reasons for undertaking this great enterprise. It the United States la Justified In expend ing a large amount of money for the con struction of a casH--for ?I benefit of com merce, then It Is Justified, pending the con struction of the canal. In operating this rail road for the same purpose. And since it is necessary to operate the road. Its facilities should be Improved so as to enable -it to handle commerce In the most efficient manner. It la estimated by the engineers that it will be from 10 to 15 years before the canal can be opened for use, and. In the mean time, the railroad must perform. In so far as & railroad can, the commercial functions of the canal. The operation of this railroad Is no more In competition with private en terprise than tho construction and operation of the canal are In competition with private enterprise; and, if product can be transport ed between the Atlantic and Pacific coasts at lew cost by this line than by any other, then commerce should receive the benefit of this route. Transcontinental railroad schedule ratea plainly show that heavy shipments could be made from the Gulf porta to the Pacific Coast, and that thousands of tone of canned fruit and other products of the Pacific Coast could be shipped to the Atlantic seaboard cheaper by Panama than across the continent by rail. e Can't Favor American Shipping. Ie says that not only the interests of commerce but those of the Government require the establishment of a regular steamship service between Gulf ports and Colon, as a large tonnage of Mississippi Valley products will be used In canal con struction, and It Is cheaper -to move them from the Gulf porta than via New York. He says: An effort should, therefore, be made to induce some American company to establish a line of freight and passenger steamers between Gulf ports and Colon. He quotes Mr. Schwerln as stating that it costs more to operate an American than a foreign steamship line, on account of greater cost of hibor and construction, and says Mr. Schwerln asks tMat only Amerlcan ships be given through bills of lading north of Panama. On this he com ments: I would be glad to ee American ships favored when It can consistently be done, but the treaty by which the canal Is constructed provides that there shall be no discrimination against the vessels of any nation in respect to conditions or charges on traffic or other wise, and. upon, the theory that the railroad la performing the functions of the canal. In so far as a railroad can do so. it does not appear practicable to show any discrimina tion in favor of American ships at the ports of Colon and Panama. It la very Important that a schedule steam ship service be maintained between the Paci fic Coast ports of the United States and Panama. The Government Is Interested In having ample facilities for the transporta tion of malls, passengers and supplier from the Pacific Coast to the Isthmus during the period of canal construction. Recommendations Summed Up. ' He closes with the following recommen- i dations: That the Panama Railroad be continued ss a commercial lino; that Its facilities for han dling commerce be Improved at once; that It pe double-tracked and re-equlpped with mod ern rolling stock; that Its port facilities be enlarged by the construction of additional wharves and that modern facilities for han dling cargo be provided. That a schedule of rates for through busi ness be provided, fixing the charges at tho minima which tho payment of operating ex penses and a fair dividend on the investment of the Government will permit. The coat of handling freight with Improved facilities, and not what It has cost In the past. should be uted as the basts In fixing rates. That the present policy of charging a per cent of the rates on through business, sub ject to certain minima, be adhered to. That the steamship Una between New York and Colon be retained. That the contracta with the Pacific Mall Steamship Company and the South American lines be cancelled, and the ports of Colon and Panama opened to the U9e of all steam ship lines on ecual terms. That If. within a reasonable time, a reg ular steamship passenger and freight service la not established between Colon and the Gulf ports, a line be established by the Panama Ballroad. That if the Pacific Mall Steamahlp Company Concluded on Page 4.) HEAT KILLS TEN IN NEWYORKCITY Sun's Rays and Excessive Hu ' midity Prostrate Crowded Metropolis. STORM COOLS ATMOSPHERE Fall of Temperature Accompanied by Deluge Which Converts Streets Into Rivers and Almost Stops Subway Traffic NDW YORK. July 10. Ten. deaths and moro than a score of prostrations result ed today from the intense heat wave which visited' the city. A grateful breeze from the sea served In a measure to tem per the torrid temperature and excessive humidity, but tho suffering, especially in the swarming tenement-house quarters was Intense, and throughout the day the ambulances were, kept busy removing sun stroke patients to the various hospitals. At 1 o'clock the thermometer registered S9 degrees higher than yesterday, and re mained at this point until 8 o'clock, when a heavy thunderstorm with a deluge of rain descended on Brooklyn, the lower portion of Manhattan and suburban towns In New Jersey. The storm brought a startling fall in the mercury, which, dropped 13 degrees within half an hour. This evening the cool breeze continued, with every prospect that it would hold during the night. The rainstorm almost attained the pro portions of a cloudburst In the lower sec tion of Manhattan, and within ten min utes many of the downtown streets were flooded to the level of the sidewalks. Broad street in the vicinity of the Stock Exchange was rendered Impassable, and the brokers on "curb" were compelled to hasten the close of the market and flee before the rising flood. A torrent rushing down Broadway, Whitehall street and State street, poured Into the new subway station at South Ferry, flooding the tracks nearly to the level of the third rail and for a time threatening to interrupt traffic. "Within half an hour the flood subsided. During the height of the storm the, Ad ministration building on Ellis Is.'and, where there, were 2000 iaunlgrantsyflraa struck twice by .lightning, but jLb ta.ned only trifling damage. A man believed to be J. R. Daniel, of Los lAngeles, was overcome by heat and drowned while bathing his face In tho raceway to the Morris sawmill at Bloom fleld, N. J., today. The water at that point is only about 12 inches deep, but Daniel fell so that bis face was buried In the stream. SEVJ3X DEATHS IX PITTSBURG? Two Caused by Heat, Five by FIee ing to "Water for Relief. PITTSBURG. July 10. The Intense heat was responsible during- the last 24 hours for seven deaths, two of them, caused directly by the heat, and the others by drowning-, the result of in experienced swimmers seeking relief in, the rivers. Four Deaths on Sunday. r NEW YORK, July 10. During the 24 hours ended at midnight there were four deaths from the excessive heat In this city, whllo a large number of prostrations are reported. 5 JAMES HAMrLTOX IiEWIS COMES TO THE FRONT AGAIX. Pink-Whiskered Statesman Is Ap pointed Corporation Counsel by Chicago Democratic Mayor. CHICAGO, July 10. James Hamilton Lewis. ex-Congressman from the State of Washington, and now a resident of this city, was tonight appointed by Mayor Dunne to be Corporation Counsel for the City of Chicago. Mr. Iewls Is known throughout tha Northwest as the plnk-whlskered states man. Ho came out to Seattle from North Carolina In the 'SOs, In a condition of abject poverty, and for a few weeks worked on the wharves as a longshore man. He finally opened a law office, and by persistently advertising himself In all manner of artful ways, got before the public and kept there. He took, up criminal law, and probably saved from the gallows more murderers than any other man In Seattle. One of his famous cases was that of Nordstrom, a Swede, who was decidedly attenuated when he went to Jail In -1S91, but grew so fat while awaiting the law's delay that, when he went to the gallows ten years later. It almost reeulred a block and tackle to move him. Mr. Lewis shone most as a politician. He Is a clever manipulator and by his Inexhaustible volubility built up a repu tation as an orator. He made great political capital out of the fact of his having oncJ been a longshoreman. He made repeated attempts to get nominated for Governor, but had to be satisfied with the nomination for Representative In Con gress In 1S96. and went In on the Bryan landslide. He continued to attract atten tion there as he had at home, and during the debates on the Spanish war in 18S8 got talked about all over the country by making a violent attack on the Army. When his term expired he soon with drew from Seattle and settled In Chicago, where he ha3 practiced law and probed himself to the front by the same energy as In Seattle. 4