VOL. XLV.-'0. 13,918. PORTIiAOT, OREGON, TUESDAY, tTULY 18, 1905. PRICE FIVE CENTS. WILLIAMSON SMS IE IS INNOCENT Denies Entering Plot to Suborn Perjury. KEPT NO TRACK OF GESNER Never Consulted Him About Controlling Claims. KNEW HE LOANED MONEY Defense Makes Bitter Objections When Judge Shuts Out Testi mony Regarding Defend ant's Good Character. After the counsel for the defense places several witnesses on the stand this morn ing to show that the timber claim of Marion R. Biggs, one of the defendants In the trial of Representative Williamson and Dr. Gesner, was valuable for timber, all of the e'idence will have been laid before the Jury- By refusing to permit the defense to place on the stand a long list of witnesses to prove the good char acter of the three defendants. Judge De Haven shortened the trial and for the next few days the courtroom will be ringing with the voices of the attorneys making their argument to the Jury. Judge De Haven excluded this testi mony because he did not think it material after being assured by the District At torney that he would otter no evidence to the contrary. Judge Bennett and At torney Wilson, however, were Insistent, but Judge De Haven stated In positive terms that he would not permit the time of the court to be taken up in listening to such testimony. Both attorneys for the defcpse.were on their feet endeavoring to get permission to call Senator Fulton. C. B. S. Wood, Judge Bradshaw and a host of others. His Honor would not listen to tbe, proposition, and Anally announced In a threatening lone 01 voice iW has Thn rmirt rules- that inasmuch as ITnlted States District Attorney stated that he will offer no evidence against the character of these defendants, ho will not permit the time of the court to be taken up in hearing the witnesses." Still the counsel for the defense were Insistent and finally, so that the names of the witnesses might become a part of the records. Attorney Wilson was per mitted to read their names. While the court and Wilson and Bennett were hav ing their tilt. Mr. Heney. after he had been asked by the court whether he was going to offer contrary evidence and had assured him that he was not, quietly re marked: "I am willing to admit that the defend ants would not steal from anyone but the Government." It Is not known whether this reached the Jury's ears, but it did not escape the cars of Attorney Wilson, who. for a second, looked as If he would call the court's attention to the remark. Williamson Takes the Stand. Yesterday morning Representative Will iamson' took the stand in his own behalf and declared to the Jury that he was In nocent of the charge of conspiring to cause certain applicants for Government timber land to commit perjury. He was inclined to bo combative under cross-examination, but District Attorney Heney, apparently had no desire to press the witness to the point where he would lose his temper. During the direct and re direct examination, Representative Will iamson frequently turned full upon the Jury and delivered his evidence at various times directly at the 12 men who will later pass In Judgment upon him. Natur ally his testimony was the feature of the day, and while he made a good witness for himself Mr. Heney nevertheless got admissions from him that tended to show that he knew that Dr. Gesner was making loans to en try men. The most damaging bit of evidence with which the Govern ment confronted the witness, was the register of the Pointdexter Hotel. Dr. Van Gesner and Marion Biggs had, both testified that Representative Will iamson had not been In Prinevllle In June, 1902. Other witnesses had stated on the stand that he was not only In .Prinevllle. but that they had talked with him. Representative Welliamson had Just stated that, to the best of his knowledge, he had not "been In Prinevllle in that month, but thought It was in July he was there. Then District Attorney Heney called for tho Pointdexter Hotel register and turning to the page bearing the date of June 15. 1902. asked the witness if the name John X. Williamson, written upon the register had been written by him and if it was his signature. Representative Williamson replied that the writing looked like his, but .that the signature was not his own. The witness then stated that he did not believe he was in Prine vllle on that date, but he was -not pre pared to swear that he was not there. This was a strong point In the Govern ment's favor. The Government has con tended that Representative Williamson was in Prinevllle. some time before the filing on the timber claims, upon which Dr. Van Gesner lent the firm's money, and knew Just what Dr. Van Gesner and Marion Biggs were doing. This had been denied by counsel for the defense. Throughout the entire trial It has been the- apparent desire of the defense to show that Representative Williamson knew little or nothing of the methods that Dr. Geoner was pursuing toward lending woaey to entrymen. Although & auatfeer ot wltacccog have testMed that fee was present at the sheen-shearing pens when the various entrymen assembled there be fore being directed to the claims upon which they were to file. It was not until District Attorney- Heney produced the hotel register and Representative Will iamson admitted that perhaps he had made the remark credited to him by a. witness, that he (Gesner) had better let the witness write the numbers of certain, claims, "because no one could read Dr. Gesner's writing when it got cold," that the fact of his presence was established. Representative Williamson said that he thought such a remark characteristic of him, but would not swear that he had made it. Questioned About the Claims. District Attorney Heney sought to ques tion the witness regarding the claim that he filed upon at the time Dr. Gesner, Marion Biggs and others filed upon land. He also tried to get from the witness, testimony regarding the claim of Dr. Gesner and also something in regard to the school lands that Boggs is said to have secured for the firm of Williamson & Gesner. Judge Bennett objected to this and he was sustained by the court. Judge De Haven ruled that he could ask the witness about the claim that Biggs had taken up and he was questioned very closely regarding the timber on the Biggs claim. He was also asked some very pointed questions about the claim of Mrs. Williamson. Mr. Heney asked the wit ness whether It was the firm's money that Mrs. Williamson used when making the filing, or whether It was her own. Representative Williamson very prorapjjy stated, with some show of resentment, that Mrs. Williamson had money of her own before he married her. was in terested in the firm and still had money of her own. Judge Bennett conducted the examina tion of Mr. Williamson. He stated that he was a native of Oregon, and that he was 47 years of age. He testified that he was a member of the firm. Judge Bennett asked the witness if he knew Crane, who had testified that he had talked with him In Dr. Gesner's office In Prinevllle, and had read a portion of .Secretary Hitch cock's report during that conversation. Mr. Williamson said In reply that he had never seen Crane until he sat upon the witness stand, and that he had never met, until three months ago. Campbell Duncan, another witness who had stated he bad talked with the defendant. He was asked when he first learned that his partner was lending money to the entrymen, and he said that it was some time in July, 1902. He explained the part he took In the survey by saying that he had not seen his sheep for over a year; that he had learned they were bothered with the "scab," and that he went to the ranch to sec how they were getting along, and while there he went along with the surveying party. In concluding the direct examination of the witness. Judge Bennett asked him If he had ever conspired with any one to in duce them to get anybody to commit perjury, and he said: "I most assuredly did' not."" Admits He Borrowed Money. On cross-examination Mr. Williamson admitted that he hail borrowed money for Dr. Gesner. and that he knew that a part of It was used to make the loans to the entrymen. The witness was asked If he knew Edward Barncp. a timber cruiser, and whether he had had any bargain with him over the sale of some of the claims that Gesner- had lent money on. The witness denied that he had any trouble with Barnes. He admitted that he might have said to Barnes that he was willing to sell if Gesner was. The testimony of Representative Williamson was concluded at 11:40. and the defense called J. H. Haner, a timber cruiser. Hancr looked as if he had a whole lot to tell, but Mr. Heney objected to the first question put to him. The objection was sustained. and Haner was very promptly .chased off the witness block. Arthur Hodges, a Prinevllle merchant, also testified. He gave evidence about the good character of the defendants, and stated that at one time the firm of Williamson & Gesner owed him $20,000. This amount had been paid back with the wool which came from the last shearing. Mr. Heney brought out the fact that Hodges had married a niece of Dr. Gesner. In rebuttal, the Government placed upon the stand W. H. Cadlc and D. F. John son, former owners of the ranch upon which Williamson and Gesner are running their sheep. They testified as to the char acter of the timber on the claims taken up by Biggs, and were positive that the land was more valuable for grazing pur poses than for the timbor. W. J. Mitchell, the special agent who overheard the con versation between Dr. Gesner and J. S. Cooper, when Dr. Gesner is alleged to have said that the witnesses "knew what side their bread was buttered on." was also called, but excused immediately by Mr. Heney when the Judge suggested that such testimony might vitiate the verdict. WILLIAMSON 3 LAKES DENIAL Declares He Never Entered Conspir acy to Suborn Perjury. When the Federal Court was convened, yesterday morning. Judge D Haven an nounced that he would overrule the de murrers In the Stelwer. the Watson and the Hendricks case, these being cases charging conspiracy, in which the defend ants W. W. Stelwer, Charles Watson and H. H. Hendricks demurred to the indict ments returned against them. The defense In the Williamson case then continued by calling J. X. Williamson to the stand In his own and the behalf of his brother defendants. Mr. Williamson testified that he had lived in Prinevllle since 1S76. and that for a great part of the time had been engaged In the sheep business there. He had heard the testi mony of Duncan. Gaylord and Craln. the three witnesses who had stated that they met him In thc,offlce of Dr. Gesner when he was reading a paper, and that he had at that time said Hitchcock was mad and the claims roust be relinquished. The wit ness stated that he had no knowledge of Gaylord at all, and did sot know the man, and had never seen him until he took thestand at the present trial. Craln had sometimes come into tho office, and It was possible that he might have been In there as he testified he had. He re membered having seen Duncan two or three months ago. but never remembered having seen him in his office. Neither dM the witness remember having read a newspaper article relating to, the land frauds to any of the witnesses. Mr. Wil liamson stated that be had no remem brance of having met Duncan on the street while with Gesner. "Do you remember having seen Watkins in the timber white you were there, as he has testliedr Judge Bennett asked the. witw. &4 he Mid that he did. "He testified that you wrote fcin num bers far Un la Ms book- Did you do Kr FLEE! WILL MIL FOR VUD1ST0K Japanese Hope to Capture the 'Fortress Before Envoys Reach America. ARMY tfAS ALREADY LANDED Invcstxgpt by Sea and Land Will Be Pushed Oyama Will Keep Linlcvllch Too Busy to Go to Keller. ' TOKIO, July IS. (Special.) Judg ing from the activity at present being displayed at the Navy Department. It seems certain the Investment of Vladi vostok can be expected before the end of this week. All arrangements are known to have been completed, and it is reported, evi dently upon the best authority, that Admiral Togo's entire fleet will sail from Sasebo before nightfall. In ad dition, an army of invasion, which was landed from transports in Peter the Great Bay very recently, is already moving to complete the investment by land. Since June 1, 50 ocean-going' foreign steamers have been placed un der the Japanese flag, laden with am munition and supplies, and will ac company Togo's fleet. It is the hope of tho Japanese gov ernment that Vladivostok will be taken before the peace envoys land on United States soiL With this object In view, nothing Is to be left undone to make the campaign, as planned, brief and eminently successful. - It is known that Marquis Oyama's forces have succeeded In investing the Russian lines commanded by General Llnlevltch. so that the latter will be unable to withdraw any portion of his forces to rescue the beleaguered city. Japanese soldiers are now north of the Sungarl River and can be expected to co-operate" with the force that will attack Vladivostok. Sakhalin Is Fully Occupied. LONDON. July 17. The correspondent of tb Dally Mail at Hakodate, Japan, says that the Japanese have poetically completed, the occupation of the 7land of. Sakhalin- aMranr-ersaznsing a gov ernment. The "Shanghai correspondent of the Standard says that the .Japanese have landed on' Sakhalin a force of light Infantry and SCOi coolies. Japan Lends Money to Corca. TOKIO. July 17. The Corean loan of 51.OD0.OW was oversubscribed four times. It was the first foreign loan ever floated In Japan. Will Float Port Arthur Ships. TOKIO. July 17. It la expected that the Russian warships Pallada, Poblcda and Poltava, sunk at Port Arthur, will soon be refloated. RIDES LIKE PAUL REVERE WYOMING DOCTOR HURRIES TO AID OF INJURED MEN. Man pled by Explosion, Their Lives Are Saved . by Breakneck Speed of Richards. MEETEETSE. Wyo.. July 17. In orier to renJer all aid In his power to save the lives of four men Injured in an explosion at the Kirwln gold mine near here. In which three other men were killed. Dr. Richards, of Thermopo lis. rode 109 miles over the mountains at breakneck speed, arriving In time to Jay tc accomplish his purpose. The ex plosion was caused by miners drilling Into a missed snot. The three men killed -were: M. A. Chubb, shift boss; William Goss -and James Miller, miners. Four others were seriously Injured. When the explosion came, there was no help within call nearer than Ther- mopolts. 100 miles ta the southeast, but Dr. Richards at that place responded over the telephone that he would ride to the best of bis ability. He made the mountainous distances in a little less than 11-hours with four relays, ranch men along the route supplying him with horses. POISON USED BY REBELS Many Workmen Die at Tlflls for Not Joining Terrorists. ST. PETERSBURG. July 17. The Offi cial Messenger reports an attempt to poison a number of railroad workmen at Tlflls because they resisted revolutionary Intrigues. The paper says that arsenic was placed in a boiler from which the workmen made their tea. Many.of the men became 111 and many died. ZEMSTVOISTS MAY YET MEET Appeal to Governor Likely to" Obtain Needed Permit. MOSCOW. July 17. It is probable that the all-Russian Zemstvo congress will be allowed to meet without police interfer ence. A deputation of the executive com mittee of the Zesascvolsts called on Governor-General Gosloff today and report ed to nwa mat in summoning tbe coacress It ww ofeey!g the "baocrjal wilL It was cauea so tt te reoort or the eputa- tle ot tfee wn(f(u mcmtm toy ta Xm peror might be coBsraunicated to the ZemstroUts throughout the empire. The Governor-General said he. ad al ready sent to St. Petersburg their de mand that permission to hold the con gress be given, and explained that, when a detail of police endeavored to disperse the meeting of the executive committee yesterday, the action was taken without his permission. The congress la called for Wednesday next. MUTINEERS KILL OFFICER. Part of Regiment Rebels, bHt Is Sab- ducd and Imprisoned. x LODZ, July 17. Part of the Ekaterin burg- regiment, stationed here, mutinied today and killed an officer. The muti neers were arrested. Owing to the state of siege the citizens of Lodz are compelled to contribute $1500 dally towards tne maintenance of the troops here. ' BOMBARD SAKHALIN VILLAGE Japanese Continue Their Attacks on Russian Island. ST. PETERSBURG. July 17. General Llnlevltch. under date of July IS. reports that the Japanese" on July 14 were bom barding Nalbuchl. on the southeast coast of the Island of Sakhalin. Still on Warpath at Warsaw. WARSAW. July 17. A sergeant of den tcctlves was shot and killed here today by an unknown man. A patrol of Infan try, while pursuing the assassin, fired a volley, killing a merchant. OREGON MAN IS SURGEON Peary Takes Dr. Wolff to Arctic. Passes Through Boston. NEW YORK. July 17. Duplicate parts of the delicate scientific Instruments to be used by tho Peary expedition In search for the north polo were placed aboard the steamer Roosevelt before It sailed Sunday from this port. Triple sets of nautical instruments also were taken along. Dr. Louis J. Wolff, of Silverton, Or., was chosen as surgeon of the expedition. He is 35 years old and a graduate of the Col lege of Surgery in San Francisco of the class of 1SXL Until recently Wolff was connected with the outdoor deportment of Bellcvue Hospital. BOSTON, July 17. Robert E. Peary, the explorer, arrived in Boston today from New York and soon afterwards departed for Sidney. C B.. where he will Join the steamer Roosevelt. In which he will at tempt to reach the north pole. Remits Fine oa the Roosevelt. NEW YORK. July 17. The J300 fine levied against Robert Peary's new ship. the Roosevelt, which sailed' yesterday -on her North Pole voyage, wiUnot baM to be paid, according to an order received today froq Acting Secretary Garfield, of the Department or commerce ana iaoor. The Roosevelt was fined for leavlnr Port land. Me., recently, without proper pa- was given before the vessel could leave New York. Mr. Garfield direct? the local collector to refrain from prosecuting the enforcement of the law. CONTENTS TODAY'S PAPER The Weather. YESTERDAY'S Maximum temperature, deg.; minimum, 53. Precipitation, none. TODAY'S Fair and warmer. Northerly winds. War in the Far Eoat. Japanese fleet and army it art to besiege. Vladivostok. Face 1. Conquest of Sakhalin complete Face 1. Wltte tells about peace policy. Pace 2. Foreign. Rebels In Caucasus poison opponents. Face 1. Mutinous Russian soldiers kill officer. Pace 1. Balfour suffers rebuff In Parliament. Face 3. King Oscar talks on Norway's action. Face 4. European nations agree to stop-white slave trade. Pace 5. National. Two engineers to. have charge of Oregon rivers and harbors. Page 1. FeUtlcs. Root advises Weaver" to prosecute . Phlla- aeipnia Dosies. I'ace j. New York uedslature blunders In case against editor. Page 3. Domes tie. Wyoming doctor's wild ride to rescue in lured miners. Page 1. Orders glreh Northern Pacific telegraphers to prepare to strike. Pace X Chicago labor leaders fear to tell about singeing of Donnelly. Pace 3. Intense, heat kills many In the East. Page 1. Equitable becomes' truly mutual company, rage 5. Foolish practical Joker mobbed. Page 4. Another race riot In New York. Page 1. Sport. Tacoma again wins ball game. Page 7. Blc urpries at the tennis tournament. Face 7. All in readiness for race meet at Irvlngtos. Page 7. Americans beat Australians in tennis match. Page 7. FavcMc Coast. Msiamas have nragh experience on the way to climb Mount Rainier. Page 6. Ellis G. Hughes loses -salt for meteorite before the Oregon Supreme Court. Page 5. Oregon guardsmen have one more day at Seaside. Page 6. Attempt of man held tor murder to break: Jail at- Roseburg Is prevented. Page 6. White Salmon ranchers give right of way for proposed railroad. Page 6. Commercial sad Mariae. Boilers in lighthouse tender explode and several men are killed. Page 5. Increased activity and better tone in hop market. Page 13. Strong demand for all kinds or fruit. Fags .15. Firm uadertone to stock market. Page 13. Chicago wheat market weak from start to finish. Face IS. San Francisco Dairy Exchaage being put la shape. Pace 13. Review of hop market conditions fey E. J.' Smith. Page 13. Steamship Saadhurst rips ash Bets ta the Columbia. Face 3. Marcus Talbot is manager o Regulator Line. Face 5. Lewis mad Clark Exposttiea. AdmUsieas. 17,170. Page 1. Ticket agents hold co Brest tea at 9x?i- Uoa. Page 19. rertload ad TlcJaMy. Procfrelr.gj la the WlttUsBses trial. Page 1. Coaferrace ot Charities and Cerrectie 41a- cusses methods oC aMtar aeecy families. Page 11. x Ticket scalpers ar arrested. Fag Is. Frlsea treaty pravea ereked white la the !teatJary. Face 14. frMg4 Rattray Csasmlislf ' 'fertegs .aalaasr saC. carrier ,toceJtMe. .Fag-ejli FJre-yr-i Way fpl far Mf e fer steeet- eu-. Fag 11.-J 10 ENGINEERS ON OR Additional Officer Will Have Charg( e of Canal and Upper Columbia. LANGFITT CANNOT REMAIN "Will Bo Called East and Appointed on River and Harbor Engineer Board Because He Knows Pacific Coast Rivers. " OREGONIAX NEWS BUREAU, Wash- Ingrton. July 17. General MacKenzIe. Chief of Engineers, today decided to assign two Army engineers to Oregon when Major Langfltt relinquishes his post at Portland and comes to Washington. Ma jor's. W. Roessler. who has already been ordered to Portland, will have charge of the work at the mouth of the Columbia River, on tlie "Willamette and Lower Co lumbia rivers, and rivers and harbors along the. Oregon xoa.sU Some other of ficer, to be selected, will be given charge of the construction of The Dalles-Celllo Canal, and will also .have supervision over the Improvement of the Upper Columbia and Snake rivers. General MacKenzIe takes the view that the construction of the Jetty at the mouth of the river and construction of Uui Celllo Canal. Is too much for one officer to handle, and for that reason he will divide the work. It may be several weeks before the officer Is selected to take charge of the Celllo Canal and upper-river works. Protest Against Transfer. This morning General MacKenzIe re ceived a telegram from Senator Fulton strongly protesting against the transfer of Major Ldngfltt from Portland to Wash ington, stating that It was the unanimous desire of the business and commercial in terest? of Portland that he should remain until at least the Jetty at the mouth of the river Is completed. The Senator said that Major Langfltt had worked out the details of that project, and was thor oughly familiar with. It. and would be able to complete the jetty In less time than any officer newly assigned. General M&cKehzie will make answer staling' that It will b Impossible to re- voile the order of Saturday, while Gen era I MacKenzIe regards this protest as i gre.at compliment to Major Langfltt, and. while he admits the tatter's unquestioned ability to complete the jetty in a satis factory way. he. says that, inasmuch as the plans are completed. Major Roessler will be able to take hold of the work and push it to as speedy and satisfactory an ending as Major Langfltt. He declares that the work at the mouth of the river will not suffer by reason of the change of officers, especially nn Captain Amos A. Fries, assistant to Major Langfltt. will re main .In Portland, and be able to assist Major Roessler. There will be no other changes of en glneer officers unless it be that Civil Engineer G. B. Hegardt. who has been employed on the Jetty, adheres to his In tention to retire. In which event he will be succeeded by Civilian Engineer Bagley. who is equally familiar with the jetty work. Langfltt on River and Harbor Board General MacKenzIe said today that It Is his Intention to appoint Major Langfltt on the River and Harbor Engineer Board. This board passes upon every river and harbor project that is proposed, and ap proves or condemns It as its merits de mand. There Is no member of the board at present familiar with the work on the Pacific Coast, and that Is one of the prin cipal reasons why Langfltt was chosen. It Is also probable that Major Langfltt will be called upon neat Winter to act as Instructor at the Engineer School at Washington Barracks. These duties, together with his regular assignment as assistant to General Mac KenzIe. will keep him busy. . September 1 Major M 11115. In charge ot river and harbor works In Washington, will be relieved and will go from Seattle to Manila to assume charge of the con struction of fortifications In the Philip pines. His successor has not yet been chosen. Northwest Postal Changes. OREGOSTAX NEWS BUREAU, Wash Ington.-July 17. Frank J. Daforth has been appointed regular and George Lv Grelner substitute rural carrier, route 2. at Spangle. Wash. Edward S. King has been appointed Postmaster at Lake view. Wash., vice "W. II. Smith, resigned. Sacrifice to Railroad Blunders. . WASHINGTON. July 17. Accident bul letin No. 15. Just Issued by the Interstate Commerce Commission, giving an account of railroad accidents In the United .States during the months of January, February and March. 195. shows that during the quarter 9K nassengers aad 3M employes were killed, and 11 passengers a ad 3062 employes were injured In train ace! dents, making la all 3K persons killed aad 2713 njered. in tram acctoeats. other ae cieeats to passeasers asd essatoyes aat the resclt of colHsfoas ec derallsasats briag the total number ot casualties up to zm killed ana H.Jsi injured; Canal CommIslR Going to Panama WASHINGTON. July 17.-Chairaa S beats, of the Prtwawa Caaal CesamisotoB Cam SBgtaeer Steveas km Cwoaet O. H. nt. atoe a mewfeer eC the cammlaglac. aac ef Its eagMeeriag: commute, will aaH. for Pa saw a next Thursday. AseJetaat Engineer ef Canal. SAX AKTOXIO, Teac, Jaiy 17.- BiKk., formerly gswrai pnsaeT aye at ( Use NaUf at XMnm f Mexie: EGON neer Stevens, of the Panama CanaL ac cording to a telegram received here to day. RACE RIOTING RENEWED Negroes Attack Xevr York Police and Fusillade Follows. . NEW YORK. July 13. Rioting between whites nnd blacks was resumed after mid night this morning In the San Juan Hill district, on Sixty-first and Sixty-second streets, between Amsterdam and west End' avenues. Many shots were fired and 2ft negroes and one white woman were ar rested. Policeman David Roche suffered a fractured skull. Police reserves were called out. The trouble started when four police men, passing a saloon tn est sixty-sec ond street, were Jeered by a crowd of 3) negroes who were on the stoop. The policemen turned, and Just then one of the men threw a brick, which struck Roche on the head, knocking him sense less. The other three charged with their night sticks and were met by a fusillade of bricks Other policemen arrived and a dash was made into the saloon. In which more than 20 negroes were found. The negroes opened fire with revolvers and the tire was returned by the police. The crowa fled and was pursued to various houses In the block. The police captured Arthur Moody, who i said to have thrown the brick at Roche, and 11 other colored men. One of the prisoners was found to have been shot, but not fatally. CLAIMS COAL UNDER RIVER Government Starts Suit Against Mo- nongahcla Mining Company. PITTSBURG, July 17. Sensational proceedings were Instituted today In the United States Court under the di rection of Judge Joseph Bufflngton. finally to test the right of coal mlnln? companies to mine coal under naviga ble rivers. An Injunction was Issued by the court against officers of the Bes semer Coal & Coke Company, with mines near Monongahela City, re straining the company from mining: coal on what Is termed Government property, but which simply means mining- coal under the river, which, It is claimed. i3 property of the Govern ment and canot be taken without spe cial grant from Congress. The action Is said to have been in stituted by the legal representatives of the Government in this district, but It Is understood that they have been urged forward by interested private in terests. The case will shortly come to it hearing-. SENATOR CLARK RALLIES Doctor Hopeful That In Two Days Danger Will Pass. NEW YORK, July 17. Though scarcely perceptible, what change was noted In the condition Of United States Senator Clark was In favor of the patient. Since the radical operation of Saturday, the Senator has exhibited remarkable recuperative powers, nnd has rallied steadily. Should tomorrow and "Wednesday pass as peace fully as the preceding days, the attend ing physicians say that they will have little anxiety as to the ultimate result. The Senator rested quietly today, secur ing considerable refreshing sleep, and woke from each nap strong and bright. At a late hour tonight he wa3 sleeping. Dr. Morris, the Senator's son-in-law, who has remained near the patient, felt str re assured today that he left for the country- Dr. McKernon, who has charge of the case, called but twice during the day, once early this morning and again lite In the afternoon. LOUISVILLE GETS REBATE Interstate Commission Discovers Dis crimination In Grain Hates. LOUISVILLE, Ky., July 17. Evidence of a sensational nature was offered today at the hearing which Is being- conducted by the Interstate Commerce Commis sion to Investigate charges of Irregulari ties In the freight rates on grain originat ing west of the Mississippi and north of the Ohio River and shipped to South eastern points. The evidence presented today consisted of 67 "expense bills" taken from the local offices of the Southeastern Mississippi Valley Association, some of which had been altered and tho rest duplicated and even triplicate, with the, result that the Louisville shipper was given an Illegal advantage of 3 cents per hundred pounds oyer competitors , selling grain in South eastern territory, The hearing was instituted on complaint of shippers of grain from St. Louis and other Mississippi and- Ohio River points. TURNS CAMERA ON FORTS Boston Man Arrested In Jamaica for . Making Photographs. KINGSTON. Jamaica. 'July 17.-Dr. Franklin Clark was arrested here this morning for breach of the official secret service act. Some days ago Dr. Clark was discovered! taking photographs of the forts' protecting Port-Royal and Kingston. The police found, the pictures on him. The prisoner, who Is a graduate of Harvard, has been a resident here for four months. r-Before the court a local lawyer on the prisoner's behalf pointed out that Dr. Clark's action was without significance. He was held in &m ball. BOSTON, July 17. Dr. Franklin Clark ,1s a Bos-toH man, and was a graduate fr&ra a local medical college two years- ago. He left this city for Jamaica last March or a pleasure trip. He Is an ama teur photographer. THE DAY'S DEATH RECORD Kate M Cloary, Literary Woman. CHICAGO. July 17. Shortly after a stermy Interview with her hasbasd, with whom she had aet lived for several years, Mrs. Kate M. Cleary. well kaowa in Chi cag as a aews?aper and magnatee writer, died suddenly of fceart atacaag at the door e her room "la a hotel. Her atbaad. M. T. Cleary, had called with two oC their fbter cMMren to see her. Cemuder Boater, TJ. S. N. FHILAENKLPHIA, Jr 17w-Lietrnt at the aavs! hiuslwH Im- yaotardai'. S KILLING : GEMEN STRIKING Twin Evils Aggravate Suffer ing on New York's Hottest Day. CHICAGO ALSO IN MISERY Exhausted by Overwork, .Carriers of Only Cool Thing In Metropolis Striken St. Louis. Having Turkish Bath. TEMPERATURES IX LEADING CITIES. llax. Mln. Portland. Or 77 32 Now York 03 81 Chicago 04 73 St. Loula 07 Philadelphia 06 Cincinnati 05 Detroit 04 Washington ...............03 Pittsburg 02 Boston ........00 Two deaths and SO prostrations In New Tork; four deaths and 16 prostra tions In Chicago; two deaths and 12 prostrations In Philadelphia; six deaths and six prostrations In Pitts burg. NSW TORK, July 1'. After a respite of one day, the hot wave that swept over New York last week, causing 9cores of deaths-and hundreds of cases of pros trations, returned today with renewed in tensity, the temperature being- by far the highest of the season. The highest point reached was at 4. o'clock In the afternoon, when the Weather Bureau thermometer touched SS degrees. In the streets, however, the heat was much greater, some thermome- ters recording as high as 103. WhIIe the heat was intense, the, air was stirred by light breezes, and the general suffering was somewhat mitigated by the absence of the excessive humidity that i prevailed last week. It was largely ow ing to this that only two cases of death, directly resulting from the heat were re ported. The total number of prostrations for the whole city was less than S9. There was little dimunition of the heat J after nightfall, the mercury standing at 81 degrees at 11 PM5 There are no pros pects tonight of any relief for several days to come. A number of drivers helpers employed by the American Ice Company went oa strike tonight and it is expected that tho entire force of nearly 1C0O men will de cline to go out with the wagons tomorrow morning. They are paid $1.30 a day, and claim that during the heat spell they are compelled to work, from 2 A. .M. until S or 9 P. M. Demonstrations were made in many places this evening by the men who had quit, and at several places there were indications of a riot. The police, however, kept the crowd In order. NO PROSPECT OF RELIEF NEAR Whole Country. From Mississippi to Atlantic In Perspiration. WASHINGTON'. July 17. The Weather Bureau tonight announced that there was no prospect, for several days at least, of a let-up of the extreme heat which has extended over the country for the last few days. The entire country from the Mis slsslppl "Valley eastward to Southern New England and the Florida coast is in the midst of & well-marked midsummer hot spell. The maximum temperatures today wers as follows: Philadelphia. 96: Chicago, 94; Cincinnati, 95; New York. 94; Detroit, 94; Washington. 93; St. Louis, 97; Pittsburg, 92; Boston, 90. FOUR DEATHS IN CHICAGO Breeze From Lake Brings Relief From Extreme Heat in Evening. CHICAGO, July 17. Four deaths and IS prostrations were the result of the beat today. A low humidity was responsible for the. few fatalities. The mercury reached 94 at 1:39 In the afternoon, and remained there until 7 JO, when it com menced to drop. A breeze that blew off the lake between 6. and 7 o'clock sent tho thermometer la that hour from 91 to 73, and the evening .was comparatively pleasant. ST. XOTJIS IN A STEAM BATH Sweltering In High Temperatmre. antX Excessive Humidity. ST. LOUIS, July 17. A steady hot wave Is affecting St- Louis, and the Government Weather Bureau can promise no Improve ment. The maximum temperature today was 92 and the maximum degree if hu midity 92. PHILADELPHIA'S HOTTEST DAY One Death and a Dozen Prostrations' CaHsed by San. PHILADELPHIA. July 17. This eityy experlenced the hottest weather of the year today, the temperature reaching & maximum - of 9S degrees shortly after 4 o'clock. At 9 P. M. the Goveromeat ther mometer registered 87 degrees. One" death, aad a desea prostrations due to the heat were reported ta the poKce. SIX DEATHS AT PITTSBURG Thermometer at 88 to 99 In Saaokiest ef Cities. 'PITTSBURG, Pa., July 17. Wx death aad six sdrtetts proatratteas ks the reeonf" e e of the hottest days fa Ptttootsrgf for years. For a4ae hours the tsiptra tisro w ah sve oogreoo aad for.irvo HEAT 9t daffrmo or ever mm Tttortsa.