YOL. XliV.-NO. 13,950.
PORTIiAJTD, OREGON, THTJBSDAT, AUGUST 24, 1905.
PRICE FIVE CENTS.
WITTE REJECTS
J
Will Not Pay Money Un
der Any Pretext.
ROOSEVELT IS TRYIHG AGAIN
Sends Meyer to Czar With
Another Proposal.
RUSSIAN POSITION STATED
Envoys Openly Declare That Japan
Offered to Sell Sakhalin and
Reiterate Russia AVill
Kevcr Pay Anything. -
PORTSMOUTH. X. H., Aug. 23. The Jap
anese plenipotentiaries at the conclusion of
the afternoon session of the peace confer
ence today threw the cards upon the table.
It was the dramatic moment the moment
to which all the previous proceedings of
the conference had led. The protocols
involving agreement upon eight of the
twelve conditions originally presented by
Japan had been signed. One side or the
other must make a move or the plenipo
tentiaries had reached the parting of the
ways. The adversaries faced each other
across the table. Of course it was well
understood what would happen- but that
in a way only made It more dramatic.
Figuratively, President Roosevelt sudden
ly entered the conference room. Mr. Witte
sat silent, and the move in the great
diplomatic game passed to Japan.
' Japan's Modified Terms.
Baron Komura in a few words explained
that Japan in her groat desire for peace
was ready to make certain "modifica
tions" of the original articles, in tho hope
that Russia could see it possible to accept
them. He then presented in writing to
Mr. Wltte the compromise proposition,
which President Roosevelt had suggested.
It was concrete and specific and it fol
lowed the lines outlined in those dis
patches. It offered to withdraw article 9,
providing for the payment by Russia of
Japan's bill for the cost of the war, on
condition that Russia would accept arti
cle o, which provides for the cession of
tho Island of Sakhalin, so modified as to
include art arrangement for the repurchase
by Russia of the northern half of the
island for 1,200,000. yon. In addition it
offered to withdraw entirely articles 11
and 12 (surrender of the interned warships
and limitation upon Russia's sea power in
Far East). It was President Roosevelt's
compromise, and Mr. Witte .knew Its con
tents as well as Baron Komura. The
question of whether he had been "bluff
ing" was put to the test.
Wltte Refuses Gilded PHI.
Without a moment's hesitation, Mr.
Witte explained that "the modification pro
posed was merely a sham, a change of
phraseology, a diplomatic attempt to
"dorer la pilule," and ask Russia to pay
war tribute .under another name. He
could not accept It. He told Baron Ko
mura Russia wanted peace. She had given
the proofs in accepting every article in
volving the issues upon which the war
was fought, but she could fight, and
money for tribute she would not pay, not
a kopok. He asked Baron Komura to
withdraw all demands for tribute.
And so the plenipotentiaries soparated,
to meet again on Saturday, ostensibly to
permit Mr. "Witte to place in writing, as
the rules of the conference require, his
reply to the Japanese compromise propo
sition, in reality the adjournment over
the two days was to give each side an
opportunity to consult Its government for
the last time.
The outlook is black- Many believe It
was never so black as tonight. The Jap
anese are not talking. Indeed, tonight
they appear to be more taciturn and
more resolute than ever.
The only possible line of further Jap
anese concession is considered to lie in
the diminution of the amount of the pur
chase money demanded for the north half
of Sakhalin. The decision rests, there
fore, as it has from the first, with Rus
sia. Unless the Emperor agrees to yield
between now and Saturday, the end Is
likely to coma on that day. And the dis
patches from Peterhof, Instead of rais
ing the chances, indicate even a firmer
determination to yield neither territory'
nor indemnity, sugar-coated though the
latter may be.
Not a Kopek Will Czar Pay.
The long Instructions received last
evening, while not a reply to tho com
munication of President Roosevelt given
to Mr. "Wltte aj the Navy-yard, yesterday
afternoon, were of a character almost
completely to destroy hope that it will be
possible for Mr. "Wltte to satisfy the
Japanese demands. Mr. "Wltte himself has
been quoted as saying that he would not,
if ordered to do so by the Emperor, sign
a treaty involving the payment of a ko
pek. But It must be borne In mind that
Mr. "Witte in the negotiations is not a
free agent. He represents- his Emperor.
If he were absolutely free, this confer
ence would not fall. He would make
peace. He sympathizes with the solution
offered by the President, but his hands
are tied, and unless he received an Impe
rial command, he cannot move.
Black as the prospects appear tonight,
however, the failure of the negotiations
Is not certain. The Russian camp Is pes
simistic, to a m-rif, but they all know the
quick and startling changes of front that
sometimes take placo at Peterhof. And
. there are factors la the situation whloh
1
NEW PLAN
might effect one of thqso sudden and In
explicable changes In the Emperor's at
titude which have frequently astonished
Russia. Private advices from St. Peters
burg say that sentiment there, in Moscow
and in large centers favors acceptance of
the compromise. This may mean much.
Roosevelt's Uatest 3Iove.
But the real hope still rests with Pres
ident Roosevelt. He is. resourceful. He
has made another move. He has sent
Ambassador Meyer direct to the Emperor,
and they were together, according to ad
vices received here, for three hours today.
Mr. Roosevelt himself tonight may know
more about how the Emperor feels than
Mr. "Witte, and be able to act upon the
Information conveyed to him by his Am
bassador. The report Is Industriously circulated
here that Emperor William Is responsible
for the attitude of Emperor Nicholas,
and everything Is traced back to the
meeting of the Emperors on board tho
Hohcnzollern. on the Finnish gulf. In
support qf this, It Is positively stated that
after the interview, Mr. Witte'6 lnstruc
tlons were made stronger and more un
yielding. Russian Official Statement.
The following authoritative statement of
the Russian position with regard to the
phase of the negotiations created by the
presentation of the Japanese compromise
is made to the Associated Press:
Statements have appeared in prominent
American and English papers, which, while
eloquent, studiously moderate and well In
tended, are unhappily calculated to mislead
the world as to the prospects of peace and
the genoral character of Japan's so-called
new proposal with whleh. It Is contended,
Russia can close without less of dignity.
The regrettable mistake Into which the re
porters of those Journals have undoubtedly
fallen Is obviously the result of misleading
data leavened with real but secondary facts.
Thus It Is quite true, as those papers pre
dicted, that the envoys of Japan came for
ward "at today's sitting with a proposal
whloh was new In form, but old in sub
stance. It is equally true that that pro
posal lacks the two contentious clauses stip
ulating that Russia shall surrender to Japan
her disarmed warships and Mmlt her naval
strength on the Pacific and that it reduces
the differences between the two power to
the compass of what is In appearance a
single question, the rale of Sakhalin.
Seemingly therefore Japan has also struck
her pen through the most obnoxious clause
of all that which deahiVlth indemnity
and all that she now asks Jlussta to do. In
addition to the terms already agreed upon.
Is to purchase the northern half of Sakhalin
for a sum of ? 1.200,000,000 yen, and this
alleged simplification of terms Is supposed to
provide Russia with an acceptable basis for a
peace treaty. At first sight the offer may
perhaps seem new to some, but a closer ex
amination will show It to be In all essentials
Identical with the proposal aready rejected
by Russia's plenipotentiaries. Only a person
unfamiliar with war. In tove wkh bumanl
tarlanlsxn, foreign to Russia and Incompe
tent to Judge of Russia's national honor and
dignity could descry In these terms the
source of a new impulse gives to the peace
negotiations. But a grievous mistake
committed by those who imagined that the
plenipotentiaries of the Ccar, the represea
tatives of the Russian nation, would take the
husk for the .kernel, the shadow for the
rubstance. A person of average Intelligence
ean see that what Is new In this proposal
Is the phraseology in which It Is couched.
Proposed for Bargaining.
The elimination of the two olauses stipu
lating that Russia's disarmed warships be
handed over to Japan and her naval strength
on the Pacific be restricted brings no new
element Into the transaction. For the with
drawal of these claims, which were obvious
ly put forward with the Intention of being
waived In the course of the negotiations. Is
devoid of importance. The disarmed ships
In question are Russia's by right and to ask
that they be handed ovor to Japan Is to de
mand a breach of the law of nations. Again
the limitation of Russia's naval effectiveness
on the Pacific Is meaningless, because she
will be unable for a quarter, or It may be a
half, century to dispose of warships enough
to keep a squadron there equal to Japan's,
while It would be fruitless to maintain a
smaller one. Consequently to speak of those
things as concessions Is but to play with
words.
It is equally childish to affirm that Japan
foregoes her claim to an Indemnity because
the new proposal does net actually mention
It. All that she does Is to Join the question
of Sakhalin with that of a cash payment
and to Insist upon war costs under the name
of purchase money. The transaction is fic
titious and the terminology misleading. If
what Is proposed be In truth a purchase and
sale. It should be treated as such and there
fore, should Russia decline to buy the terri
tory, Japan should keep it and conclude
peace on the basis of the concessions al
ready made. Again, if a purely business
transaction were Indeed Intended, the value
or the territory offered would be the basis on
which the two parties would treat. But
here even this essential condition is not ob
served. The price demanded for the aerth
orn half of the Island Is 1.200.000.000 yen.
which is the original estimate of the war
costs. Possibly Japan may have fixed that
sum with the Intention of whittling It down
to some extent later on, but Russia, mindful
of her national honor, of her military
strength and of her historical traditions, will
not and cannot consent to pay a war In
demnity, by whatsoever name It may be
called, nor, can 6he, nor Indeed the world
at large, regard Japan's proposal as a proof
of a genuine desire for peace.
Places Blame on Japan.
Japan, having obtained all that she needed
and longed for as a nation, nqw narrows
down the Issue to a question of dollars and
cents, yet refuses for peace's sake to waive
her demands. Russia, on the contrary, has
conceded freely and fully everytblBg she
could give consistently with her sense of na
tional honor and dignity. Hence what to
Japan Is but a matter of money is to Russia
a point of honor. T withdraw the cash
claim is therefore immeasurably easier to
Japan than It would be for Russia to al
low It.
Russia has suffered reverses owing to her
own lack of organization, her unprepsxedness
and her Internal disorders, hut she Is still a
mighty and unconquered nation, -whose peo
ple will enthusiastically uphold their rep
resentatives Jn the firm resolve to keep the
national escutcheon Immaculate. Whatever
else may be affirmed or denied of them,
that is true. They alone are the Judges of
what can and cannot be done In Russia's
name. If. therefore, the efforts of American
friends are to be crowned with success, If the
labors of the conference are not to end In
smoke, and If the effuslen ef blood in the
Far East Is to be terminated, It behooves
-Sapan to make a frank declaration that she
withdraws, once for all and without re
serve, her demand to have her war costs paid
In any shape or form. Therefore, despite the
positive and emphatic declaration of the
well-meaning but mistaken Journalists all
luded to above, peace Is not and cannot be
assured until Japan unreservedly withdraws
her claim to have the cost of the campaign
rofunded by Russia.
When shown the above statement, a
cornpotent Japanese authority declined
to make any reply. "We are not talking-,"
sald'he. "We arenot flgh'tinsMiils
LIVELY FIGHT ON
FOR CLOSING DAY
Immigration and Colonization
Questions Before Irriga
tion Congress.
VIEWS OF MEMBERS CLASH
Resolution for a Commission to Re
port on Best Method of Pop
ulating Irrigated and
Will Como Up.
PROGRAMME FOR TODAY.
Congress meets at Auditorium. Lewis
and Clark Exposition. 9:30 A. M.
Address. "Irrigation In India." Will
lam E. Curtis.
Report of committee on resolutions.
Report of committee on organization
and nominations.
Selection of next place of meeting.
Reports by chairmen of sections.
Evening, 8 o'clock.
General reception to delegates and
accompanying ladles at the Portland
Commercial Club, under auspices of
the local executive committee, la be
half ef business Interests of Portland.
Delegates to the congress are espe-
f daily urged to attend.
Immigration and colonization, and their
relation to the irrigation development of
the West will be the issue of the closing
general meeting of the Irrigation Con
gress. There was a "tempest In a tea
pot" yesterday In revival of the old dif
ferences between the National Irriga
tion Association and National Irrigation
Congress. In which some uncomplimentary
terms were employed, but today the
oratorical contest will be of a different
order In which questions of great moment
are Involved.
Today Is the last of the 13th annual
session of the National Irrigation Con
gress and the general session to convene
In the Auditorium of the Lewis and Clark
Exposition at 9:30 o'clock this morning
promises to be distinguished by debate
In which will be Introduced the forenelo
powers f the most eminent men. of Wjst-
ern affairs participating In ta sossli
Yesterday the sessions of the T&cpia
sections wore singularly Interesting 4nd
NOMINATED FOR, HONORS.
This morning the report f the com
mittee on nominations to be submitted
to the general convention will reeera
mend. It Is understood, the following
as officers of the Irrigation Congress
for the ensuing year:
Governor George C Pardee, Cali
fornia, president.
U W. JJhurtllff, Utah, first vice
president. J. H. Stephens, Texas, second vice
president. E. U Smith. Oregon, third vice
president. H. B. Maxon. Nevada, secretary.
instructive, the conflicts of diverse ele
ments of Industrial advancement being
fought out before the resolutions commit
tee, the members of which seem disposed
to compromise on questions rather than
take decided stands for or against the
suggestions contained in the voluminous
matters submitted. However, the resolu
tion recommending appointment of a com
mission to Investigate and report upon
immigration conditions with a view to
finding the best method of populating
the areas under reclamation projects, was
rejected with brief discussion and will
this morning come up In the form of a
minority report that will start tho dis
cussion that bids fair to take first rank
In proceedings of the session!.
Colonization Is Discussed.
In the rural settlement section, which
attracted larger attendance than on pre
vious days, were heard several addresses
from men whose energies and efforts have
long been directed to Immigration and
colonization work, and the opinion was
freely expressed by those present that
had the facts there presented been be
fore the general meeting of the Congress,
the attitude on the problems would be
DENVER OR BOISEWHICH?
Denver Is making a strong fight for
the next session of the National Irri
gation Congress. Today when the sub
ject oomes up the Queen City ef the
Plains will pledge fuOOO toward ex
penses of the organization Incident to
the session of 1908 find publication of
proceedings, and Governor McDonald
will he present to Increase the" amount
by personal pledge. If necessary, that
the State of Colorado will provide for
proper entertainment of the body.
Boise, on the other hand, has the
united support of Utah. Nevada. Ore
gon, "Washington, Montana, with the
California delegation divided. Boise
champions contend that the selection
of their capital should be without dis
sent because of promises made at wo
previous sessions and the fact that no
meeting has ever been held In that
commonwealth.
postively aggressive In the line of devot
ing the best influences the body can
command toward developing that phaso
of Irrigation work. C. E. Wandand, of
Colorado; William E. Smythe, of Collfor
nla, and Charles W. Eberleln, of Califor
nia, chairman ,of the section, were the
.principal speakers. -
' In the section on engineering and
mechanics some of the most Instructive
Information submitted at the congress
was presented. The irrigation exhibit at
the Exposition was classed as among the
most valuable of Its XInd ever produced
and shown to be of reat value to the
engineers of the service as well as In
structive to the public The Truckee-
Carson project, that Is destined to change
tho whole economic and political situa
tion In Nevada, with an area great
enough to furnish homos for a population
that will possess enough votes" to com
mand the control of the commonwealth,
was described at considerable . length.
In the cllmatological section Edward
A. Beals, district forecaster United States
Weather Bureau, Introduced a most In
structive paper reviewing the conditions
of rainfall and Irrigation In foreign coun
tries.
The forestrv section was largely devoted
to the problems of forest reserves. Wash
ington and Oregon local conditions were
portrayed by some of the speakers. Plant
ing of trees along Irrigation canals wa3
strongly recommended.
DEBATE ON RESOLUTIONS
BITTER ATTACK 3IADE OX IRRI
GATION' ASSOCIATION.
Collection of Funds by That Body
Declared Xot to Be for Benefit
of Irrigation Congress.
It was at the forenoon session of the
resolutions committee that the dissensions
that have broken out at several succes
sive sessions of the congress loomed up.
The debate was led by D. H. Anderson,
of Illinois, In the form of a resolution
declaring the National Irrigation Asso
ciation in no way identified with the Na
tional "Irrigation Congress; and declaring
that no. funds were to be solicited on be
half of the congress with Its authority
by any one whatsoever. C B. Boothe,
chairman of the executive committee, de
fended the association when called before
the committee and requested to furnish
Information, declaring that It has done
a valuable educational, work, and had been
Instrumental in bringing to the cause the
Influence of come of the strongest finan
cial men and Industrial captains of the
country.
Members of the committee .evidenced
their disapproval of the introduction of
personalities Into the business of the ses
sion, and 'the controversy was regarded
as largely extraneous to the province of
the committee. The resolution finally
adopted was pruned until It bore little
resemblance to the original", and was 'a
compromise that carried none of the stings
Incorporated In the original.
E-. W. Ross, JUind Commissioner, of
Washington, W$o caustically criticised
the 'statements of Chier Engineer Newell,
Tuesday night, yesterday opposed the
adoption of a resolution commending the
conduct of forestry supervision and forest
reserves. The result was another emas
culated compromise resolution that was
passed at the evening conference.
Immigration and colonization was made
the subject of somewhat vigorous debate
when the resolution by William E.
Smythe, of California, was introduced,
demanding the creation of an Immigration
commission. TheVesoIutlon was- defeated
without much reference to Its merits, but
the members of the committee went on
record as regarding the question as for
eign to the subject of Irrigation. Strong
arguments In favor of Its adoption were
presented by advocates.
The Evening Session.
At the evening session. General E. A.
Williams, of North Dakota, was elected
temporary chairman, as ex-Governor
Prince, of New Mexico, was unavoidably
absent.
Congressman Stephens, of the sub-committee,
reported the following resolution,
stating that he was happy to say that
the extremes had been amicably brought
together and he heartily favored the
measure. He said that the action of the
committee had been unanimous. Mr.
Shumway opposed It, but he was In a
hopeless minority, and the resolution was
adopted almost without debate:
Government Work Approved.
Resolved. That we approve the creation
of tho National Forest Service In accord
ance with the resolutions of previous con
gresses, and advocate the maintenance
of forest reserves and the extension and
protection of forest reserves where Irri
gation Is necessary on the stream systems
affected. We also Indorse tho effective
and business-like administration of the
Forestry Bureau under Its present head. J
liesoived. That we nearuiy approve the
efficient and thorough work of the Recla
mation Service in carrying on the work
of National reclamation where works havo
been commenced and are now being exe
cuted, and have the fullest confidence In
the honesty, ability and capacity of the
officials of that service. We recommend
that the Reclamation Service and JLti tp
resentatlves co-opera wjrlr'state officers
In matters affecting theratatc's landed In
terests. Resolved, That we also thoroughly com
mend the excellent work being carried
forward by the irrigation and drainage
investigations of the office of experiment
stations. United States Department of
Agriculture, and recommend the contin
uance and extension of this work.
Resolved, That this congress indorses
and commends the earnest, honest and
faithful work of the United States Weath
er Bureau of the Department of Agricul
ture in establishing a highly efflciont cll
matological service In each state of the
arid and semlarid regions, which has
proven Itself of great value and utility
to the engineers of the United States
Reclamation Service and to all Important
irrigation enterprises.
Judge Raker, of California, moved a
substitute for the sugar-beet resolution
proposed at the morning session, and was
answered by Secretary Hermann, of
Wyoming-, and John McAlpine, of Minne
sota, the latter declaring that the meas
ure was out of order, as the original mo
tion had been previously passed.
Secretary Callbreath, of the American
Mining Congress, argued for the mainte
nance of the measure already passed by
tho committee.
Truman G. Palmer, of New York, also
spoke for the resolution adopted yester
day. Mr. Palmer Is secretary of the
American Beet Sugar Association of the
United States, and explained that there
was no politics In the measure adopted.
' Judge Raker stated that a minority re
port would be submitted in case the orig
inal resolution was recommended. No
action was taken on the new resolution,
as Judge Raker found himself in a hope
less minority.
The committee on "Grammar, Editing"
and Codification" .of the resolution was
(Concluded on Page 11.)
MITCHELL IS NOT
HURHYIHG ftPPEftL
Final Decision May Be Delayed
Till the Term of Senate
Is Near End.
UNLESS MOODY PUSHES IT
Thurston Expects Argument In Su
preme Court Next Winter; He
Denies Grounds of Appeal
Are Technical.
OREGONIAN NEWS BUREAU. Wash
ington, Aug. 23. Senator John H. Mitchell
evidently ' Intends to hold on to his seat
In the Senate Just as long as he can.
even though he Is unable to occupy that
kseat or perform any of the active duties
of a Senator. This is eviaencea oy mo
fact that he will not seek to have his
case brought to early trial before the
United States Supreme Court, but will
allow It to be taken up In the regular
order, which probably means that It can
not be argued and disposed of at tho
coming term of court, beginning In Octo
ber and ondlng early next May.
It Is within Senator Mitchell's province.
If he so elects, to ask. that his jcaso bo
advanced on tho docket, in which event
It might be argued .as early as January.
Such a motion was made In the case of
Senator Burton, of Kansas, and com
paratively prompt action was taken on
his appeal. But Mitchell docs not want
quick action; he Is willing to wait, and.
as previously stated In these" dispatches.
it Is the bolief of Supreme Court offi
cials that to wait means to postpone the
decision until the Winter of 190G-7. which
Is near the close of Mitchell's term.
Moody Mny Hasten Decision.
It Is, of course, possible that the Gov
ernment may ask for the advancement of
Mitchell's case, and the Supreme Court
may recognize such a request from the
Attorney-General, In which event there
would be action this coming Winter. It
is impossible to ascertain whether it Is
the desire of the Government to have "the
case advanced, as the Attorney-General
is out of the city, and no one elsels
mithnrlzrd to sDeak on this matter. It
Is possible that President Roosevelt may,
through the Attorney-General, suggest
the advisability of having early action,
la which event the Supreme Court Is very
apt to" set an early day for argument.
' Ex-Senator John M. Thurston, Senator
Mitchell's counsel, reached Washington
today, having made several stops on his
way from Portland. He has been work
ing" on the appeal to the Supreme Court
ever since notice was given In Portland
that appeal would be taken from the ver
dict found In that city. Record of this
appeal will be completed and presented
to the Supreme Court about September 1.
and briefs will be prepared and submit
ted several months later, after the record
has been printed. Senator Thurston has
been Interviewed several times since his
arrival In the East, and his statements
have been misunderstood or misquoted.
In order that his position and his views
may be properly set before the public, he
today dictated the following statement:
Thurston States Position.
Our appeal In the Mitchell case Is directly
to the Supreme Court of the United States.
The appeal was perfected about the laet of
July, and the record must be filed in the Su
preme Court within GO dayo from that time.
The case then will take Its regular place on
the docket, ami will not be beard out of order,
unless on motion of the Attorney-General there
shall be an order of court advanclnr It. I
have no Idea whether tho Government will aeek
to advance the hearing or not. I see no espe
cial reason why It should, as the case would
naturally be reached during the next term of
court, whleh closes about the beginning of
May, 1906. The ease would probably be reached
for "argument late In February or early In
March.
There are many questions raised In our rec
ord, and. these being law questions, I am re
peatedly met by the suggestion that we are
trying to reverse the court below on technical
grounds. The public generally look upon legal
defenses in a criminal case as being technical,
but all euch defenses are of substantial right,
justified by the experience of English and
American courts for centuries. "We hope to
reTerm the case on very substanUal questions,
among the principal of which are:
3fnln Grounds of Appeal.
First That the grand Jury which Indicted
Senator Mitchell bad upon It one or more mem
bers not citizens of tho United States. His
eonstltuUonal and legal guarantee Is that the
grand Jury shall be composed of citizens of
the United States.
Secondly AVe Insist that Senator Mitchell was
entitled to trial by Jury on his plea In abate
ment, alleging Illegal composition of the grand
Jury, and also certain extraordinary procedure
before the grand Jury by the District Attorney
In compelling the grand Jury to return an In
dictment. This demand for a Jury trial was
denied by the court, and the plea In abate
ment was heard on evidence taken outside
the court.
Third We believe the Indictment Itself la de
fective, and does not charge the commission
of any offense under the law.
" Fourth We think the court committed an
error In permitting evidence to be given to the
Jury that the law firm of Mitchell & Tanner
had received at other times and from different
persons than thoae named In the Indictment
moneys for professional services In connection
with land cases.
Many of these other transactions were uot
only not charged In the indictment, but could
not have been, as the statute of limitations
had run as to them. They were admitted on
the theory that the receipt of money by the
firm la other case tended to show that Mitch
ell had knowledge that his firm was engaged In
these land matters and was receiving, from
time to time, moneys for services rendered by
hls partner and himself. We think that a very
substanUal error was committed In admitting
this testimony, the defendant having no Idea
that he would be compelled to meet on trial
any other charges than those named In the In
dictment. There are many other questions which we
will argue to the Supreme Court, and In which
we believe error nl law was committed during
the trial, such as the refusal of the Judge to
give the Jury Certain Instructions asked for by
us, .which .we believe were good law, and
ought to have been glven.and other questions
Jthat would generally be looked upon as mora
or less technical, but all of which In a crim
inal case are matters of substantial right fer
the defendant.
Misquoted in Interview.
Yhlle I feel free to state the grounds of or
appeal, I never permit myself as an attorney
to make statements as to the evidence In a
caor. because I think the whole question of
the evidence to be trird In court should be de
termined alone by the Jury. I have seen an
interview published In the New York papers
In which I appear to have commented some
what on the evidence, and to have given my
views as to the strength ofHhe case against
Mr, Mitchell on the facto. I was also greatly
surprlsed to find myself quoted aa stating that
our grounds of appeal to the Supreme Court
were technical in character, and also that the
statute of limitations would Intervene as to
any further prosecution. I have no doubt tho
young lady who Interviewed me honestly tried
to remember and quote me correctly, but, hav
ing no knowledge of legal procedure, legal
questions or legal terms, she very naturally
got mixed up In stating propositions, which are
utterly absurd as being made by a lawyer.
I am glad to have opportunity to make this
explanation, because I think It will be credited
to me by The Orcgonlan and everyone else
that I have tried to be professional both in
court and out of court, and have been mout
careful at all times not to comment on the
evidence or set up my own personal opinion
as to tho facts, and that. In stating for pub
lication any questions of law In the case. I
have tried to present them clearly and fairly.
I have strong hopes of a reversal, but. when
many of the most Important questions are de
cided by the highest court of the country by a
majority vote of five to four. I doubt If a
lawyer Is privileged to say anything more
than that he hopes for & decision In his
favor.
WILL EXONERATE HflB
CHURCH WELD SAX HE DID NO
WRONG TO RAILROAD.
Obtained Cut Rate for Members of
Household, Though Not of Fam
ily, Says Church Trustee.
CHICAGO. 111.. Aug. 23. (Special.) Ex
oneratlon awaits Rev. Myron W. Haynes.
pastor of the Belden-Avenue Baptist
Church, when the joint board of trustees
and deacons meets tomorrow evening.
An informal conference of lending trus
tees and deacons was held tonight, and
there was no talk but that of exonera
tion.
"I do not anticipate that a single man
will stand out against Dr. Haynes," said
Benjamin P. Branham, president of the
board of trustees. "We have Investigated
the charges, and find them so much froth
and air. Mr. Haynes admitted that he
obtained tickets at the cut rate for per
sons other than members of his family.
and he refunded the money just as soon
as he was acqused of doing something
out of the regular order. We are con
vlnced that he did not Intentionally com
mit a wrong, and when he found he was
in the wrong, he quickly .righted it.
"The persons for whom the tickets were
bought lived In his home and were re
garded as members of his family, al
though strictly speaking they were not.
I feel that his church hero will stand by
him, and we know that his new parish in
Seattle will assume similar attitude.
The pastor has been notified of this by
telegraph.
CONTENTS TODAY'S PAPER
The Weather.
YESTERDAY'S Maximum temperature,
deg.; minimum. 33.
TODAY'S Fair and slightly warmer. North
westerly winds.
Peace Conference.
Japan makes new proposition, which Russia
rejects. Page 1.
Russia refuses to pay money on any pretext
and Wltte publishes reasons. Page 1.
Roosevelt sends Ambassador Meyer to Crar
to plead for peace. Page 1.
War party again In the ascendant in Rus
sia. Page 1.
Foreign.
Rebels cause many murders In Russian Baltic
provinces. Page 5.
Disastrous railroad accidents in Russia.
Page 3.
National.
Senator Mitchell does not hurry his appeal to
Supreme Court. Page 1.
New charge of grafting against Senator Bur
ton. Page 3.
General Davis discusses Panama Canal at
fairs. Page 3.
Peckham arrested for complicity In ootton
scandal. Page 2.
Commissioner Sargent disagrees with PresI
dent on Chinese exclusion. Page 2.
Politics.
Vice-President Fairbanks speaks on public
honesty. Page 7.
American Bar Association In session. Page 2.
Domestic.
Negro waiter accused of murder of Mrs,
Mlze. Page 5.
Rev. Campbell Morgan criticises American
churches, rage 4.
Legislative committee begins life insurance
Investigation today. Page 3.
Rev. Myron Haynes church will vindicate
him. Page 1.
Yellow fever outbreak stationary In Jfew Or
lean, spreading In rural places. Page 4.
Sport.
Pacific Coast League scores: Los Angeles 2.
Portland 1; Oakland 6, Seattle 3; San
Francisco 11. Tacoma 2. Page .
Wright and Ward National tennis champions
at doubles. Page i.
Horsemen to have matinee races Saturday.
Page 7.
League magnates meet today. Page 7.
Los Angeles defeats Portland, 2-1. Page 7.
Pacific Coast,
Adams and Franklin Counties are producing
a wheat crop far in excess of last year.
Page tj.
Governor. Chamberlain may offer reward for
arrest.of flax mill Incendiaries. Page 6.
Convict from Salem penitentiary taken as
cook on camping trip by officials. Page 6.
Dan Isom, discharged logger, stabs Foreman
D. W. Miller at Columbia City. Page 6.
Bribes said to have been offered physician
to change opinions on death of Mrs. Stan
ford. Page 7.
Commercial and Marine.
Banana Importers In conference with South
ern Pacific officials. Page 13.
Light European demand for wheat. Page 13
Fall wool prices fixed In California. Page 15,
Stock market feels effect of Improved peace
outlook. Page 13.
Chicago grain trade In waiting mood. Page
13.
Willamette falls below zero. Page 14.
Many wrecks a sea. Page 14.
Steamer Oceanic on fire. Page 14.
Another steamer chartered for wheat.
Page 14.
World's Fair.
Sham naval battle at the Exposition tonight,
Page 10.
Salt Lake City celebrates day. Page 10.
Meteorite Is unveiled. Page 10. ,
Maccabees will have exercises today. Page 10.
Yesterday's attendance at Exposition, 22.70:
Page 10.
Portland and Vicinity.
Final day of Irrigation Congress promises to
be full of lively debates. Page 1.
George Marshall confesses that he attempted
to direct suspicion In Van Dran oase to
himself. Page 10.
Council holds short session. Page 14.
Ex-Municipal Judge to testify in Tuxedo
case. Page 12.
East Side business men In favor of street
fills. Page 8
WILL NEVER Pill
TO OBTAIN PESCE
Russia Makes Refusal
More Emphatic.
READY TO CONTINUE WAR
Indemnity Would Be Grave
Menace to State.
WAR PARTY IS IN CONTROL
Czar Deluded by Effect of Douma
Manifesto, Hope of American
Friendship and Talk
of Victory.
ST. PETERSBURG. Aug. 24. (2 A.
M.) The Associated "Press has the bc3t
of reasons and authority for "ileclarlngr
agruln. with Increased emphasis, that
Russia will never consent to the pay
ment of an Indemnity to Japan. Such
payment would so gravely menace tho
vital interests of the state as to make
this article In the Japanese peace terms
utterly Impossible of acceptance.
Furthermore, the Associated Press
has the same reasons and authority for
the declaration that, if Japan would
withdraw her Indemnity demand, peace
would practically be assured, as the
Russian attitude on the other three
points, Including the cession of Sak
halin, does not preclude the possibility
of reaching- a satisfactory settlement
on these points.
Xo Indemnity Under Any Name.
Indemnity is the crur of the whole
matter. If this question can be ar
ranged, It is believed that all other
questions on which there has been a
divergence of opinion will practically
settle themselves. In view of the
known Russian attitude on the other
eight points. Russia believes that Jap
an's Insistence on Indemnity is the
only thing that will make peace Im
possible. Officials declaro that at-
tempts at word Juggling, such as call
ing Indemnity ny some other name or
attempting to collect Indemnity under
the guise of other payments, will avail
nothing. Russia, they say, will not con"
elude a treaty which includes the pay
ment of Indemnity or other flnaclal
contributions. Russia Is ready, however,
to make a reasonable and proper pay
ment for the maintenance of the Rus
sian prisoners in the hands of the
Japanese.
Russia United Against Paying.
This has been the attitude of the For
eign Office since the four points in dis
pute were referred to St. Petersburg
from Portsmouth and It Is the true ex
pression of Russian official and public
opinion. Since the very beginning off
the discussion here on Japan's original
terms, there has been absolutely noth
ing to suggest that Russia could or
would pay indemnity. Each day has
sharpened the conviction that such a
payment is impossible and today the
universal opinion, from the highest to
the lowest, Is that Japan's Insistence
on an Indemnity dooms the Portsmouth
negotiations to failure. Russians rec
ognize the serious Internal condition of
the country, but they declare these
conditions will never force the payme.it
of an Indemnity, dishonorable In Itself
and which would most seriously menaco
the very life of the state.
CZAR FOOLED BY ADVISERS
Extravagant Hopes Raised by War
Party Change His Attitude.
CHICAGO, Aug. 23. (Special.) The St.
-Petersburg correspondent of the Dally
News says:
"The president of the Moscow Zemstvo
declares publicly that the Douma la a
sham and that many Zemstvolsts have
decided to boycott It. In spite of this
and similar assertions and of numerous
riots and arrests since the Czar's mani
festo was made public, the Peterhorf
cabal has convinced His Majesty that
his action has completely pacified and
united the country. Further, the Czar
feels sure of the Kaiser's support.
"Mr. Wltte, arranging for his own po
litical future, assures Nicholas that
American sympathy has been won over
to Russia. Thus Is the Czar tempted to
continue the war in the Far East.
"As a sample of the talk which the
war party indulges in. General Massaloffs
views, as expressed today to your corre
spondent, may be quoted:
" 'Linlevltch,' he declared, is sure to
defeat the Japanese and retake Man
churia and Corea, thus compensating
Russia for the loss of Sakhalin and Liao
tung Peninsula, to regain which Russia
must have a fleet. As a continental
power, Russia must seek continental com
pensation. Persia. Tibet and Afghanistan
will amply repay It for Port Arthur and
Dalny.' "
Rojestvensky Soon Going Home.
ST. PETERSBURG, Aug. 23. VIce-Ad-jnlral
Rojestvensky, In a letter to his
family, says he expects to have fully re
covered from the wounds received in tho
battle of the Sea of Japan by the end
of September, when, with the permission
of the Japanese government, he will start
i lor Russia.
4