Morning Oregonian. (Portland, Or.) 1861-1937, July 15, 1905, Image 1

Morning Oregonian., July 15, 1905, Image 1

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Newspaper Page TextVOL. XLV.-XO. 13,916. PORTLAND, OREGON, SATURDAY, JULY 15, 1905. PRICE FIVE CENTS. BIGGS AN GESNER SPIRACY No Plot, They Say, to Suborn Perjury. NOR WAS WILLIAMSON A PARTY Timber-Land Deals, TheyHold, Were Legitimate. iNO INTENT TO BREAK LAW Testimony of Witnesses That Im plied Contracts Had Been Made to Buy Claims Is Also Vigorously Denied. 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- i DENY 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 busy irrigating. 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 claim? - 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 with Gesner. 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 ber claim." "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 THEATER TRUST Shubert and Independent Com panies Form New Combinations. 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 tho countrj'. 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 The Weather. TESTERDATS Maximum temperature. 70 deg.; minimum. .11. Precipitation, ribne. TODAY'S Fair and warmer. Northerly winds. 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. Page 1. RdmIr. Mutineers of Potemkln shot or In chains. Pass 0. Mutiny of troops at Tlflls. Pase 5. Clever satire on Czar. Page 5. Foreign. 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. Page 5. Xatloaal. 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. PollUcs. Jew Tork editor refuses to answer questions asked by Legislature In Hooker case. Page 3. Philadelphia grafter indicted. Page 4. Southern railroad man speaks on rate ques tion. Page 5. Domestic. 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. Sport. Portland loses to Tacoma. Page 7. Americans win tennis match with French men. Page 7. Pacific Coast. 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. Page 15. Trade reports Indicate large Fall buying. Page 15. 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 10. 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 Page 1. Speaker Cannon denies report that he was Insulted on opening day of Fair. Page 10. 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. UN T 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 our attractions. 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 tions." if !! I TAFT CO.rPIjI.IENTS HER BEING STRENUOUS. ON 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 6 o'clock. 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 daughter. 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 office. 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. Is 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 roods. WITTE'S STORMY TALK WITH GZAR Plain, Blunt Man Arouses An ' ger of Monarch and He Declines Mission. QUESTION IS STILL OPEN Czar Prefers Rosen to Head Mission and Witte Threatens to Resign. Lamsdorff Tries to -Dissuade Him. 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 chief plenlpotentiarj. 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 first position. 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 still open. 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 contrary Influences. 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 reckoned with." 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 plenipotentiaries. 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 touowing words: "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 Ipotentiary." 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 zette says: "There Is nothing so essential in the negotiations as complete union." M. Muravleff has already departed for Rome to resume his post as Am bassador. CZAR WILL INSTRUCT WITTE Peace Negotiations Will Be Under Personal Direction. 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 States. 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 Imperative Demands. 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 terable demands. 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 belligerent nations. CENSURE LWAYS Chamber of Commerce Committee Acts, TELLS PLIGHT OF OREGON Dog-in-the-Manger Policy of Corporations. 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 forgotten. 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 more area. 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 suffered. 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 state. 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- s (Concluded on Page II.