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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (July 15, 1905)
VOL. XLV.-XO. 13,916.
PORTLAND, OREGON, SATURDAY, JULY 15, 1905.
PRICE FIVE CENTS.
BIGGS AN GESNER
No Plot, They Say, to
NOR WAS WILLIAMSON A PARTY
Timber-Land Deals, TheyHold,
iNO INTENT TO BREAK LAW
Testimony of Witnesses That Im
plied Contracts Had Been Made
to Buy Claims Is Also
Dr. Van Gesner, partner of Repre
sentative "Williamson ana Marion R.
Biggs, United States Land Commls
, fiJoner. two of the defendants in the
case now on trial before Judge De
Haven, testified yesterday in their own
behalf. Dr. Gesner passed through the
rigid cross-examination conducted by
District Attorney Heney and, although
his original story was not shaken
much, he was forced into several ad
missions that will be used when the
Government comes to muke Its argu
ment. This morning Marjon Biggs
will be subjected to cross-examination
and unless court should adjourn at
noon, it is possible that Representative
."Williamson will take the stand.
Gesner Gives Testimony.
Dr. Gesner in answer to the questions
asked by Attorney Wilson, gave his
version of the way in which he had
started out to obtain the timber lands
which since have Involved him In the
case at bar. He admitted having made
the loans to a number of the entry
men, but said that he did so In order
-to protect the property he 'Sad already
in'thHt :. :.n of the country. Dr. Ges
ner denied that he had any .contracts'
with the various entrymen and stated
there had been no conspiracy with Ma
rion Biggs and Representative "William
son. The witness gave a history of the
war between -the sheep and. cattlemen.
. in which the now famous "30-30 men"
.played such an Important part In tho
Horse Heaven .country. Tho entrymen,
he testified, had first approached him
and asked him to lend them money
"with which to file on the claims. He
stated that he agreed to furnish them
the money, providing they would give
him the use of the land for a range for
his sheep. For the use of the range
he had agreed not to charge them in
terest on the loans. He said that the
shcepshooters had established a dead
line and in order to protect his prop
erty, he was forced to secure more
range and thought that he had gone
the right way aboutlt, when he made
the loans to tho entrj'men who came to
him and asked for financial help.
Before agreeing to furnish the money
to the entrymen, Dr. Gesner stated that
he had first consulted Biggs and had
engaged him as a lawyer. He also con
sulted Attorney Barnes, and had been
assured by both that what he intended
to do was legal, provided he did not
enter into a contract with the entry
men before they mado their filings. On
cross-examination. Dr. Gesner stated
that he had made up his mind to buy
some of the claims taken by the entrj'
men, provided he could get them at a
fair market value, but that at the time
he lent the money, he was looking
forward only to protection for that one
season. He admitted having told the
entrymen where to file, and gave them
the numbers of the locations upon which
they afterward filed, but he denied that
he had first taken the entrymen over
the land and. pointed out the claims
they filed upon. Mr. Heney produced the
map made by Special Agent Jones,
showing the locations of the lands
owned by the "Willamette Valley Wagon
Road Company. The claims which are
at issue In this case, those taken up by
the men that Dr. Gesner lent money to,
lay in some instances between the
lands leased by the firm of Williamson- &
Gesner from the Willamette Valley
Wagon Road Company, and the witness
was very closely questioned by Mr. Heney,
if It hadn't been his Intention to have
the entries made on these sections so that
the firm might have a continuous range.
Dr. Gesner stated thaj he had never taken
the question into consideration.
Never Talked "With Williamson.
When questioned regarding the knowl
edge that Representative Williamson had
about the taking up of the timber claims.
Dr. Gesner testified that he had never dis
cussed the matter with his partner. Rep
resentative Williamson. He could not re
call whether Mr. Williamson had read
the report of Secretary Hitchcock's in
vestigations. He stated that he had made
the loans himself, and had not first talked
With his partner before doing so. In fact,
he stated that he did not believe that Mr.
Williamson knew of his reason for having
the entrj'men take up the claims. He said
that the part Biggs played In the transac
tions, aside from his regular duties as
Commissioner, was that of an attorney,
and denied that he had asked Biggs to
get people to file on the lands. Mr. Heney
questioned him regarding a letter which
had been sent him by Special Agent Neu-.
hausen, when he was in Prineville Inves
tigating: the alleged frauds. Over this let-
ter was the only place in which Dr. Ges
ner became confused in his answers. It
seems that the letter which was sent to
Dr. Gesner was mailed May 16, and a let
ter which was received from the witness
was dated May 30. In attempting to ex
plain why he had not answered the letter
before. Dr. Gesner stated that he was too
busy to go to Prineville. When pressed
in regard to the reason for not complying
with the request made 4y Mr. Neuhausen
for Dr. Gesner to call upon him at a
Prineville hotel as soon as possible. Dr.
Gesner .stated that he was busy haying.
This answer stood until his counsel, re
alizing that May was hardly haying time-,
interrupted, when he stated that he was
Denies Alleged Remark.
Mr. Heney held back a bit of sensation
until he took charge of Dr. Gesner after
he had gone through the redirect exam
ination, xnere was a bit or a tut between
counsel for the defense and the District
Attorney, but Judge Do Haven nipped It In
the bud and cut off further controversy by
saying that the incident was closed. When
things settled down Mr. Honey asked the
witness if he knew J. O. Booth, a hotel
keeper of Grant's Pass. The witness re
plied that he did not. and then he was
asked if he (Dr. Gesner) had not met
Booth at the Imperial Hotel in this city
recently. Again there was a denial. Mr.
Honey tried to get the witness to admit
that Booth had remarked during the con
versation that "he noticed that the wit
nesses were not telling much," and that
Dr. Gesner had replied that they were not
because "they knew which side their
bread was buttered on." The witness 'de
nied having made such a remark to any
one. Marion R. Biggs followed Dr. Gesner.
He stated that he was born In Pike
County. Missouri, and a smile flickered
ovor the crowd. He said he was admitted
to the bar from that state, and told of
where he had practiced law before set
tling Jn Prineville. The testimony was
given with a great deal of cocksureness,
and the answers he gave could be plainly
heard all over the courtroom. He stated
that he had been employed by Gesner as
an attorney, and had advised him In re
gard to the measures to pursue in regard
to lending money to the entrj'men. Biggs
stated that he had Informed Dr. Gesner
that, so long as he did not enter into a
contract with the entrj'men, what he was
about to do would, be legal. He denied
that he had mentioned the names of
cither Representative Williamson or
Wakefield to anj' of the entrj'men, and he
swore there was no agreement between
himself and Dr. Gesner for him to obtain
entrj'men. He said that when people
came to his office and Inquired of him if
he knew of anj'one willing to put up the
monej', that he told them that perhaps
Dr. Gesner would accommodate them. In
regard to the claim which was taken up
bj' Representative Williamson, the -witness
stated that Mr. Williamson came to his
office ono day and remarked that '"the
craie hail struck him," meaning, that he.
ivtiinamsonj wint to me on a urnDcr
It was shown bj the witness that
Campbell Duncan was angry when he was
forced to relinquish his claim, bfcaupe
Dr. Gesner hsto decided not to furnish
him with the necessary monej'. Attornej
Wilson drew from Biggs the statement
that Duncan met him on the street, and
that Duncan, when talking of Dr. Gesner,
had called him vile names and had made
a threat to get even. Biggs denied that
he had asked Green Beard to take his
famllj' and file on claims for Dr. Gesner,
and he said that all the chanses made
in the entries after thej' had been for
warded to the Land Office had been done
at the request of the persons making the
entries, and not at the request of any
one else. He swore eraphatlcallj that he
explained to each ontryman that thej
must not make a contract to dispose of
the claims before thej- had made the
filings, and he swore that he had read
over the conditions to the various entrj'
men and had insisted that thej' read them
over also. He was still on the stand when
court was adjourned.
DEFENSE OPENS ITS CASE
Dr. Gesner Denies He Ever Con
tracted to Buy Timber Claims.
When Judge De Haven opened the hear
ing of the Williamson case j-esterdaj'
morning, Mr. Henej asked permission be
fore the defense went on with Its case to
recall Miss-Lang for a short time, as he
had forgotten to ask her a question or
two that he desired. The permission be
ing given, Mr. Henej asked if all of the
claims filed upon by the claimants noted
in the indictment had been held up bj
the Land Office, or If anj- of them had
been passed to patent. Miss Lang stated
that none of them had been patented.
Cross-examined bj ' Judge Bennett, the
witness stated that practlcallj all of the
claims that had been filed upon at that
time had been held up for investigation
and cross-examination bj' a special agent
of the department.
The defense opened Its case by calling
M. E. Brink, of Prineville. to the stand.
Mr. Brink testified that he had lived In
Prineville for 15 years or more, and that
he knew all of the defendants and manj
of the witnesses that had testified for
the prosecution. He was asked if he had
remembered a conversation that had been
had been Campbell A. Duncan and At
torney Barnes and himself, and stated
that he had met Barnes and Duncan on
the walk, where thej had discussed the
timber-claim question. Duncan had stat
ed that he had sworn to the truth in his
affidavits mado before Biggs. Mr. Wil
son, who conducted the examination of
the witnesses, inquired if Brink had
asked Duncan if he had felt under anj
obligations to Gesner to sell the land he
had filed upon to him. The witness stated
that he had asked the question, to which
Duncan had replied that he was under no
obligation and had not made anj' contract
On cross-examination bj- Mr. Henej- the
witness was asked who had suggested the
question to him. and he stated that he
had been asked bj Gesner to find out
what the witness knew about the subject.
"There was a good deal of talk at that
time about home people standing togeth
er, wasn't there?" Mr. Henej' asked, but
the witness denied that it was so.
"What was the question j-ou asked Dun
can?" "I asked him if he had anj' con
tract to sell the land." ,
"What did he say?" "He said that he
did not have any contract to sell the tim
"You didn't ask him anything further?"
"One or two questions."
"Did Barnes ask him how it happened
that Gesner gave him back the filing
fees?" "No, sir."
"Was It planned that Barnes should
have Duncan there and wou should come
up and meet him?" "No. sir."
On the redirect examination Mr. Wilson
asked the witness If anything had been
said about his being able to get any sum
whatever out of Gesner for the lands and
the witness stated that nothing of The
kind had been said.
Isom Cleek, a bartender of Prineville.
was the next witness for the defense. He
-Concluded on" P&sa J4L1,
E TO FIGHT
Shubert and Independent Com
panies Form New
HAVE FIFTEEN COMPANIES
Klaw & Erlangcr Accused of Trying
to Squeeze Shubert. Who Will
Fight Them With Four
teen Rival Theaters.
NEW YORK, July 14. Announcement
of a new combination of actors in Amer
ica against what Is known as the Theat
rical Trust was made today bj- Lcc Shu
bert. The leading companies In the new
combination are those headed bj" David
Bclasco and Mrs. Minnie Maddern FIske.
Lee Shubert will manage the line of thea
ters which will be placed at the disposal
of Mr. Belasco. Mrs. Fiske and other?.
The new combine will back 15 com
panies on the road and such actors as
Sarah Bernhardt. Ada Rehan, Jefferson
de Angells. Henrj' Miller, Lillian Russell.
David Warficld, Blanche Bates, Bertha
Galland. Robert Hllllard. Mrs. Fiske and
Mrs. Leslie Carter. The actors under the
new management expect within another
week to have a separate number of thea
ters on their own circuit in America to
plaj the year round.
He Has Fourteen Theaters.
Mr. Shubert announced that this corn
pan j now has 14 playhouses under its
control, including theaters In New York.
Philadelphia. Chicago. St. Louis and Lon
don, England, and that within a week
he would be able to open a dozen more
to his attractions. Besides these places,
the new combination Is counting on the
support of Independent houses all over
The amendment bj the theatrical sjn-
dlcate managers of a contract which M.
Shubert saj's he made with them, agree
ing to pay them 25 per cent of the profits
on all of the syndicate's attractions
booked at hh? theaters, was "the cause
of his break from the trust ranks. His
friendliness toward David Belasco dur
ing the last two months, he said, was a
further cause of the new combine.
- Squeezed by the. Trusts. -
"We signed a contract with the theatri
cal sj-ndlcate which is headed hy Klaw
& Erlangcr. agreeing that the syndicate
CONTENTS TODAY'S PAPER
TESTERDATS Maximum temperature. 70
deg.; minimum. .11. Precipitation, ribne.
TODAY'S Fair and warmer. Northerly
The War In the Far Kaat,
Wltte has stormy Interview with Csar and
may decline mission. Page 1.
President and Takahira arrange for peace
conference. Papa 1,
Negotiations will be under Cxar personal
direction. Pag 1.
Japan will Insist on cession of Sakhalin.
Mutineers of Potemkln shot or In chains.
Mutiny of troops at Tlflls. Pase 5.
Clever satire on Czar. Page 5.
Kaiser trying to prevent Norway from be
coming republic Page 3.
Germany denies Swedish alliance. Pace 3.
French exiles will renew agitation on .re
turn. Page 5.
Celebration of Bastlle day In France.
Roosex-elt arranges for canal digging with
Shonts and Stevens. Page 4.
Tart's party In Honolulu. Page 1
Charges that Government tobacco reports
are fixed. Page S.
Forest reserve officials forbidden to take
fees. Page 3.
Major Langfltt to be succeeded by Major
Boessler. Page 4.
Jew Tork editor refuses to answer questions
asked by Legislature In Hooker case.
Philadelphia grafter indicted. Page 4.
Southern railroad man speaks on rate ques
tion. Page 5.
Race riot rages In Xew York City for two
hours. Page 3.
Shuber forms combination to fight theater
trust. Page 1.
Jerome Is again refused evidence against
Equitable. Page 4.
Building in Winnipeg falls and crushes many
to death Page 1.
Portland loses to Tacoma. Page 7.
Americans win tennis match with French
men. Page 7.
Land frauds stir Lewlston. Page 6.
Militia In camp at Gearhart. Page 0.
Railway company now has right of way on
north bank of Columbia. Page 0.
Canadians slow about allowing extradition
of Collins. Page 0.
Commercial aad Marine.
Good undertone to hop market. Page 15.
Front street again well supplied with fruit.
Trade reports Indicate large Fall buying.
Break In wheat prices at Chicago. Page 13.
Condition of world's wheat crop. Page 14.
New York stock market dull. Page 15.
Heavy shipments of fruit from San Fran
cisco to Puget Sound. Page 15.
Lumber cargoes going out dally. Page 12.
Lewis aad Clark Exposition.
Admissions. 17,500. Page 10.
Schoolteachers have day at the Fair. Pagu
Pure Food Congress decides to throw aside
standards of Department of Agriculture
as antiquated. Page 10.
Portland aad Vicinity.
Gesner and Biggs take the witness stand In
the Williamson case. Page 1.
Transportation committee of Chamber of
Commerce censures railway inactivity
Speaker Cannon denies report that he was
Insulted on opening day of Fair. Page
Concessionaires will test Sunday closing In
the courts. Page 11.
Doctors take trip up river and have planked
salmon luncheon. Page 10.
Conference of charities and correction
ready for work. Page ' 10.
could book Its attractions In our houses
for 25 per cent of the profits for a period
of live years," said Mr. Shubert. "After
we signed this contract a letter was sent
us bj the syndicate asking us to amend
the contract by agreeing not to add anj
more theaters to our own circuit.
Mr. Shubert saj-s that at this point he
had only eight theaters in his own circuit
and did not feel strong enough to make
a fight against the sj-ndlcate.
"When I asked," Mr. Shubert continued,
"whj this new amendment was required.
I was told that our company had violated
lis contract with the sj-ndlcate bp. refus
ing to accept some of' 1U attractions
which it had booked at our houses. They
said this was a violation of our contract
with them, though that document con
tained the provision that the syndicate
attractions were at all times subject -to
our order. After this conversation the
matter was allowed to rest for a time.
Meanwhile the Lyric Theater Company
was extending Its own circuit and ac
quiring new attractions. When our com
pany was building the Garrlck Theater in
St. Louis, the sj-ndicate told us that we
would not 'be allowed to book our own
attractions in our own houses if we pur
sued our pollcj. And j-ct at its conven
ience it alwaj's filled its theaters with
Tried to Shut Out Belasco.
"On mj' return from -Europe last June
i was met oy .Mr. ,nanger ana nad a.
chat with him about patohing up our
difficulties. He told me that. If r did not
book Belasco In anj of our theaters, I
could have anjthlng I wanted. Because
I booked Beiasco In the Garrlck. he said
that the tours of The Royal Cher and
of "Fanta. already booked, were off.
"Let me saj that in the present move
we are not attempting to fight the syn
dlcate. but merclj' In self-protection Hy
ing to find a place for our own attrac
TAFT CO.rPIjI.IENTS HER
Speech at Honolulu, In Which Sec
retary Proposes Separate Bu
reau to .Manage Islands.
HONOLULU. July 14. Secretary of
War Taft and partv arrived this morn
ing on tho steamer .Manchuria. Soon
after the vessel docked the visitors
went driving to the Pali. As the guests
of the citizens' committee they visited
local places of Interest and had lunch
eon at the Royal Hawaiian Hotel,
where Secretary- Taft made an address.
The Manchuria was met outside of tho
harbor by Acting Governor Atkinson
and a committee of -citizens.
The membra nf yhe dtetlnguishM
parrU-- declare thcy had an enjoyable
voj-agc to Honolulu. There were sev
eral dances on board. In which Secre
tary Taft and Miss Roosevelt partici
pated. Lectures were also given on
'Philippine subjects. Secretarj- Tart, in
an Interview referring to Chinese ex
clusion, said that It was not proposed
to admit anj more Chinese of the coolie
class, but merely to treat more cour
teously Chinese that are entitled to
admission to the United States. The
Manchuria leaves for Manila tonight at
Mr. Taft and his partj were guests this
afternoon at a luncheon given at the Ha
waiian Hotel. The dining-room was elab
orate! j. decorated and a large gathering
of territorial officials and prominent citi
zens was present. Territorial Secretary
Atkinson presided. In his address of wel
come he made reference to the probabll
itj of Mr. Taft's being a future nominee
for President and his- remarks met with
general applause. Mr. Atkinson said. In
the course of his remarks, that Hawaii
as a fortified post was more Important to
the United States than the Philippines
will ever be.
In responding to the toast, "The Presi
dent," Mr. Taft began with a humorous
reference to Miss Alice Roosevelt and her
representation of the President and, con
tinuing, said that President Roosevelt
was anxious- to visit Hawaii, but, being
unable to come himself, had sent along a
member of his famllj. and that for
straightforwardness and strenuousnesa
tho President was well represented by his
Speaking seriously. Mr. Taft suggested
that the best waj to handle Insular af
fairs would be to have a bureau at "Wash
ington devoted to looking after Alaska,
Hawaii, the Philippine? and Porto Rico.
Later In the afternoon Mr Taft. Miss
Roosevelt and others of the partj went
to "Waikikl Beach and experienced surf
riding. Mr. Taft said that Governor Carter has
had a successful administration in Hawaii
and believed that he would withdraw his
resignation after having seen the Presi
dent, who wants Mr. Carter to remain In
Returning from Walklkl. Miss Roose
velt. Mrs. Dubois. Senator Newlands and
Representative iongworin, wno were
guests of Sheriff Brown, were too late for
the steamer Manchuria, which had al
ready left the wharf. They were taken
out on a tug. which was carrying a large
number of citizens to bid the partj fare
well, and were transferred to a launch In
the. open sea and then, carried to the Man
churia. FOUR DEATHS FROM HEAT
Reduced Humidity Gives Slight Re
lief to New York.
XEW TORK. July 14. With the tem
perature three degrees below the SO mark
at 11 o'clock tonight. Immediate promise
of relief for sweltering New York dis
solved. Four fatalities due to the heat
and humldltj were reported today with
21 prostrations. The -mercury reached a
maximum of SS todaj.
Although the temperature was the same
as j-esterdaj. the humldltj decreased from
S6 to 55 In less than six hours. The Im
proved conditions were noticeable In the
greatlj reduced number of deaths and
prostrations from heat.
CHINA OPPOSES BOYCOTT
Rockhlll Cables Government
Friendly to United States.
WASHINGTON. July 14. Mr. Rockhlll,
the American Minister at Pekin. has
cabled the State Department that the
Chinese government is vigorously oppos
ing the threatened - boj-cott of American
TALK WITH GZAR
Plain, Blunt Man Arouses An
' ger of Monarch and He
QUESTION IS STILL OPEN
Czar Prefers Rosen to Head Mission
and Witte Threatens to Resign.
Lamsdorff Tries to -Dissuade
ST. PETERSBURG, July 15. (2:20 A.
M.) M. Wltte, after his audience with
the Emperor at Peterhof. returned last
evening to St.. Petersburg and drove di
rectly to the Foreign Office, where he
was closeted for three hours with For
eign Minister' Lamsdorff.
A sensational report was current
earlj this morning that M. "Witte might
not go to Washington after all. Accord
ing to the story, his audience with the
Emperor was anything but smoothHis
Majestj rather resenting M. Witte's
plain-spoken Ideas and indicating that
under the circumstances he would pre
fer that Baron Rosen should act as
The Emperor Is even said to have In
timated that Count Lamsdorff had ex
ceeded his authority In offlclallj an
nouncing to the "Washington Govern
ment that M. "Wltte would occupj the
M. Witte Is sal dto have left the Em
peror in an uglj frame of mind and to
have franklj Informed Count Lamsdorff
that It would be Impossible for him to
undertake the mission. It was only
bj the greatest effort the storj says,
that the Foreign Minister has succeed
ed in persuading him not to flatly re
fuse, and the question as to whether he
will go to Washington Is said to be
Although the Associated Press heard
this story from a high personage, Its
Informant was not prepared to vouch
for it, and there Is no confirmation of
It from other quarters up to this hour.
It is. therefore, sent under .great re
serve, as It maj- prove to be an inven
tion. WITTE'S THANKLESS TASK.
Appointed With Rclucfance and Sure
Work Will Bo Condemned.
ST. PETERSBURG. July 15. 130 A.
M.) M. Witte Is shouldering the task of
conducting peace negotiations on behalf
of his country In a patriotic spirit, but
with a full realization of the difficulties
before him and the knowledge In ad
vance that, even If he succeeds, he can
not secure terms which the Russian rev
olutionists can call otherwise than humil
iating. He is aware of the intrigues
against him at court, but he Is big enough
to believe that the events of history will
Justify the wisdom of making peace on
the best terms possible, as he considers
that all the energies of the government
should be directed to the solution of the
internal problems of the empire.
The greatest element In the strength
of M. Wltte's position after negotiations
shall have been begun is the fact that he
is In thorough accord with Count Lams
dorff. the Foreign Minister, who can be
depended upon to support his recommen
dations- before the Emperor against all
A prominent Russian statesman, who
Is qualified to speak on the matter, said
to the Associated Press:
"The Emperor now seriously desires
peace. In spite of somewhat strained
personal relations in the past between
the Emperor and M. Wltte, due to the
fact that the latter was never a fawning
courtier, but alwaj's Insisted on bluntly
telling his Imperial master what he be
lieved; the Emperor has always recog
nized his great ability and devotion tq
the best interests of Russia. It was galf
and wormwood to His Majesty, however.
to turn for the extrication of Russia
from hor difficulties to the verj man who
predicted all the disasters with which the
throne is beset as the result of this un
fortunate war, and whose advice he so
long rejected. The fact that the Emperor
has done so proves the measure of his
desire for peace.
"Nevertheless His Majesty is surround
ed dailj. even hourlj, bj members of the
military party, manj of whom are blindly
chauvinistic. The Emperor cannot disre
gard the men who control the power
which supports the throne and the dj-nas-tj.
and therein lies the danger that even
M. Wltte may falL However successful
the negotiations may be, the machinations
of the milltarj party will have to be
ARRANGE FOR CONFERENCE
Takahira Discusses Plans for Recep
tion by President.
OYSTER BAY. N. Y.. July 14. Impor
tant details concerning the forthcoming
peace conferencejbetween plenipotentiaries
representing Russia and Japan were un
der consideration today by President
Roosevelt. He and Mrs. Roosevelt had
as guests at luncheon at their Sagamore
Hill home Minister Takahira of Japan,
Theodore P. Shonts and John F. Stevens,
chief engineer of the Lithmlan Canal Com
mission, and Thomas W. Hynes, Auditor
of Porto Rico.
Several days ago -Mr. Takahira made an
engagement to see the President today
concerning the arrangements for the re
ception of the peace envoys at Sagamore
Hill, and about some other details of the
peace conference to be held at Ports
mouth, N. H.
The Japanese Minister arrived here at
1:20 o'clock from New York. He was met
jat the station by ono of the President's
confidential messengers, who escorted him
to Sacramore HilL Assurance wns irlven
that the Minister's- visit was not of nota
ble significance. He bore no special ad
vices to the President from the Japanese
government. He discussed with Mr.
Roosevelt snmn nnlntu nhnut tho fin.
proaching conference, but It Is announced
mai no aaie was agreed upon tor tne re
ception of the Russian and Japanese en
voys by the President
Mr. Takahira could not say posltlvelj-
wnen Baron Komura, the Japanese MIn
Ister Of Foreign Affnira. whn ! th nrln
CiDal envov of Jnrein to th pnnfcrvnPA.
would arrive In this countrj. He Is now
on his waj- from Japan, and Is expected
to reach New York about July 30. If M.
Wltte. the chief plenipotentiary of Rus
sia, shall have arrived bj that time, the
reception to the envoys by the President
win proDamy take place at Sagamore
Hill on August 1. Tho nrpp'so ditto -wilt
be determined by the State Department
at a conference between the recentlj ap
pointed Secretarj EUhu Root and the
It Is the exDectatlon that thf envova will
come from New York to Oyster Bay on
tne cruiser Mayflower and the dispatch
boat Dolphin. They will be accompanied
bj Mr. Root and perhaps by other offi
cials of the State Department. They will
go airectij dj- the same vessels from
Ojster Bay to Portsmouth.
Mr. Takahira expressed his personal
gratification at the dM'tmntinn of at
Wltte as leading plenlpotentiarj of Rus
sia. He said that M. Wltte was one of
Russia s most eminent statesmen, and hl3
appointment would lend ponflrienpe nml
weight to the conclusions of the confer-
TI- I J At
c suiu wim. arrangements ior tne
conference were mnvlnir niont- mn-f Viiv-
and expressed the hope that a satisfactorj
Bsreemeni wouia De reaeched.
APPOINTMENT ASSURES PEACE
Russia Halls Choice of Wltte as a
, Good Sign.
ST. PETERSBURG. July 14. M.
Wltte's appointment as chief Russian
peace plenipotentiary was announced
today In the Official Messenger in the
"Owing to the serious illness which
overtook M. Muravleff on his arrival
In St. Petersburg, which made it Im
possible for him to familiarize him
self at such short notice with the con
siderable material connected with the
negotiations. His Majestj-. the Em
peror, has been pleased to appoint
-t-resiuent-or the Committee of Minis
ters M. ltte to the post of chief plen
Spontaneouslj all . parties recognize
that M. Wltte's selection makes for a
successful termination of peace nego
tlatlons. Another fact, that the Era
peror at last j-ielded to the pressure
for Witte's appointment. Is accepted as
being a complete assurance that Hl3
Majestj- is slncerelj determined to end
the conflict and make peace If a pos
sible basis is obtainable. Every influ
ence which championed M. Witte was
for peace, while, on the coatran. in
every Instance those who opposed him
were for a prolongation of tne strug
gle. France, through Ambassador Nel
idoff. strongly urged him for the post,
but the main credit for M. Witte's sf-
lectlon belongs to Foreign Minister
Lamsdorff, who never ceased to press
for his selection.
Count' Lamsdorff and M. "Wltte are
now In close alliance, and wher. .M.
Boullgan retires from the Minlstrj of
the Interior all, the Ministers will at
least be in harmony, especially should
Prince Sviatopolk-MIrsky. as rumor.to
day intimates, return vto the head of
the Ministry of the Interior.
The papers here generally were not
aware last night that M. Wltte's ap
polntment was an accomplished fact,
but with one voice those in the secret
hail his selection with intense satis
faction. Even the Novoe Vremya,
which has not believed that an honor-
ablo peace Is possible, seems willing, to
trust the Issue in M. Witte s hands.
The St. Petersburg Gazette dwells
especially upon tho confidence with
which his appointment will Inspire the
Toklo Government, where M. Witte's
opposition to the whole pollcj of com
mercial and military adventure in Man
churla and Corea is well known. The
paper reviews his steadj struggle
against tho Influences which preclpl
tatcd the war. and, moreover, points
out that M. Witte's selection Insures
harmony among the Russian plenipo
tentiaries and delegates, a3 Baron Ro
sen shares M. Witte-s views, and M.
P.VnMlnff nn1 "T ShJnnff irmw fralniuf
under him wnile he was Minister of
Finance and belong distinctively to the
Wltte school. In conclusion the Ga
"There Is nothing so essential in the
negotiations as complete union."
M. Muravleff has already departed
for Rome to resume his post as Am
CZAR WILL INSTRUCT WITTE
Peace Negotiations Will Be Under
ST. PETERSBURG. July 14. M. Wltte
had a prolonged audience with the Em
peror at Peterhof thl3 afternoon, at which
the whole subject of the peace negotia
tions was gone over in detail. The diffi
culties of the situation were discussed,
and Indications were given that His
Majestj Is more apt to personally govern
M. Wltte's course than the formal In
structions which have been given him.
M. Wltte will leave St. Petersburg next
Wednesday for Paris, sailing as prevlous-Ij-
announced from Cherbourg July 26 on
the North German Lloyd steamer Kaiser
Wllhelm der Grosse. Mme. Witte will ac-companj-
him as far as Paris, where she
will remain for, the present, though she
maj possibly Join hire later in the United
At M. Wltte's personal solicitation M.
Korotovltz. one of the ablest j-oung diplo
mats, who formerlj was secretarj of the
Russian Legation at Paris, will be at
tached to the Russian mission.
CLAIMS ISLAND BY CONQUEST
Cession of Sakhalin One of Japan's
ST. PETERSBURG, July 14. Prices rose
on the Bourse upon the Improvement In
Russian securities abroad, due to M.
Wltte's appointment as chief peace plent-potentlarj-
Accordlng to Information received here.
Japan Intends to claim the Island of
Sakhalin by right of conquest, and Its
formal cession will be one of her unal
President Glad of Appointment.
OYSTER BAY. L. I.. July 14. Presi
dent Roosevelt has been notified offl
clallj by the Russian Government of
the appointment of M. Witte, chairman
of the committee of Ministers tn tv,
position of principal envoy qf Russia
io me lonncoming peace conrerence.
The President has expressed satisfac
tion at the designation of M. Wltte,
feeling assured that It means much tn
Russia to have so eminent a statesman
on the commission, and that it will
make for permanent peace between the
Chamber of Commerce
TELLS PLIGHT OF OREGON
Dog-in-the-Manger Policy of
PROMISES ARE FORGOTTEN
Roads Combine to Divide Territory
and Will Neither Build Exten
sions Nor Allow Others to
. Open "Up Co'untry.
BACKS PROTEST WITH FACT.
The transportation committee of
the Chamber of Commerce. In making
its annual report upon the transpor
tation conditions of the state and
upon the attitude of the- great cor
porations which control traffic con
ditions, takes a decided stand against
the spirit of Inactivity that seems to
hold these companies In leash. The
committee sets out that:
When railroad systems combine and
agreements are made, by which ter
ritory is parcelled out and compe
tition is eliminated, .and an almost
perfect monopoly Is created, then a
corresponding duty and obligation Is
created to permit the best transpor
tation facilities possible in this terri
tory. It Is pointed out in this report that
Oregon will bo behind Idaho this year
In railroad development, though It
has furnished every Inducement and
shown every forbearance towards the
railroad companies. Themselves re
fusing to build, every obstacle has
been thrown In the way of those who
would develop the country.
Promises have been made only to b
In the state 36.000 square miles ara
without railroad transportation.
Itallmads from other states and sec
tions will rob Portland and the state
of Its natural trade.
In 1S04 there were 1362 miles of
railroad In Oregon, In 1004. 1778 miles,
an Increase of only 41(1 miles Includ
ing, yardage and sidings.
In Washington In 1004 were 3302
miles, being ltfl4 miles more than In
Oregon, though Oregon has one-third
Oregon Is gradually dropping be
hind until today It Is at the bottom as
regards railroad development.
Tha chief danger now threatening
the state Is the extension of the road
from Reno, Nov.. Into Southern Ore
gon, thus diverting the Central Ore
gon business to California.
The transportation committee of the
Chamber of Commerce, in lt3 annual
report submitted yesterday, takes
great exception to the treatment ac
corded the state by the transportation
companies. It cites the advancement
made bj- other states, where the rail
roads have extended their lines a3
promised and by comparison shows
the neglect under which Oregon has
The report shows by cold facts and
deductions what could be done for the
state by the railroads If these corpo
rations would live up to their obliga
tions, and points out the dutj- of these
companies which prosper and grow
rich bj- the suffrance of the people of
The report is signed bj- L. A. Lewis,
Henry Hahn, T. D. Honeyman. A. H.
Devers, Edward Newbegln and S. M.
Mears, and is in full as follows:
Portland. Or., July- 15, 1003. To the Cham
ber of Commerce. Portland. Or.: In presenting
our report upon transportation conditions and
the attitude of the controlling railroad Influ
ence In the state towards Its development
and failure to build additional mileage and
particularly when It practically challenges
Its policy and administration for at least
ten years past. It Is but fair to stats the rea
sons for our conclusions.
Cause for Complaint.
It must be apparent that cause for complaint
exists' where the people of the whole state
are aroused as thej never were before; where
all In treats act from a common Impulse; whra
there Is practical unanimity In the belief that
we have been and are being unjustlj- dealt
with. A general feeling of Indignation In a
community as conservative as this does not
spring up In a night, but Is the result of
long-continued act. If not of Unfriendliness.
at least of Indifference; nor will this feeling.
deep-seated as It Is, be eradicated by prom
ises, or professions of ifood will and things
to be done In the future.
We rest upon this proposition:
"When railroad systems combine, when agree
ments are made (Immoral though, they may
be) by which territory is parcelled out between
them and competition eliminated, when these
systems control the great transportation routed
of a country, and an almost perfect monopoly
Is created; when tnese same systems are cre
ated under laws of the state, protected by
the stttte and given various privileges and
rlchta. such as those of eminent domain as
well as franchises of great and constantly In
creasing value, a corresponding duty and ob
ligation is created .and irrevocably attaches
to furnish transportation facilities to every
part of such territory and at reasonable rates.
These obligations and duties are voluntarily
assumed, and If one does not desire the bur
den, he must not ask for the benefits. Com
binations, truces and agreements are made
to prevent competition and to- make It as far
as possible Impracticable. If not Impossible.
This Is defended as right and proper, from a
transportation standpoint. This being so. as
corollary It follows that proper facilities
and at reasonable rates must be furnished by
those creating the conditions.
This state furnishes a striking example of
tho treatment accorded, a conservative friendly
community, which relied solely upon the good
faith and sense of appreciation of favors con
ferred upon such combinations. Though aJ-
(Concluded on Page II.