4
THE MORNING OBEGONIA2T, SATURDAY, SEPTEMBER 9, 1905.
OPENS AVENUE
FIR PROSECUTION
Judge Hunt's Ruling Will Allow
Heney to Offer ew
Evidence.
WAS SHUTOUT PREVIOUSLY
1
By-Judge DeHavcn's Ruling He Was
Not Permitted to "Get Beyond
the Front Door," Which Is
Now Swung Wide.
The sensational feature of the WlUlam-on-Gosner-Blggs
case yesterday was the
admission by Judge Hunt of a line of
testimony that had been excluded by
Judge De Haven In the previous two
trials, and who had also declined to per
mit United States District Attorney
Heney to argue the distinctions existing
between the various title papers. .Reply
ing to an Inquiry from the courtf Heney
assured Judge Hunt that he had not been
p&rmlttcd to "get beyond the front door"
with any of his authorities bearing upon
the admissibility of the evidence. The
question came up in the course of the di
rect examination of Benjamin F. Jones,
a Government witness. Attorney Ben
nett, for the defendants, made a vigorous
effort to exclude the testimony, and took
an exception to the ruling of the court.
The Indictment charges that the con
spiracy was to Induce a large number of
persons to commit the offense of perjury
by taking their oaths that thfey would de
pose truly that certain declarations and-
depositions by them to be subscribed.
were true, which in fact contained ma
terial matters which were not true, and
which they did not at the time believe
to be true, to the effect that certain
lands which these persons would then
be applying to enter and purchase in
the manner provided by law, were not
being purchased by them on speculation,
but were being purchased in good faith
to be appropriated to the use and benefit
,of those persons respectively, and that
hy had not, directly or indirectly, made
any agreement or contract, in any way or
manner, with any other person or per
sons whomsoever, by which the titles
which they might acquire from the Unit
ed States in 'and to such lands should In
ure, In whole or in part, to the benefit of
any person except thomsolves. when in
truth and in fact such persons would be
applying to purchase such lands on spec
ulation, and would have made arrange
ments and contracts with "Williamson,
Gesner and Biggs to convey the titles so
obtained by them to Williamson and
Gesner.
Judge De Haven's Ruling.
Judge De Haven ruled that the words
"declarations and depositions," as used
In the indictment, referred to the sworn
statement which an applicant Is required
to file with the Register and Receiver to
initiate his purchase, and under this rul
ing he further held that the purpose .of
the conspiracy was complete the moment
the Initiatory sworn statement was filed,
and consequently that no evidence was
permissible to prove that the applicants
testified falsely when making final proof
from two to six months after the initia
tors' sworn statements were filed by each
of them respectively. It is claimed by
the prosecution that De Haven's ruling
prevented the Government from proving"
a great many damaging facts, the proof
of which was and Is In its possession.
The ruling made by Judge Hunt upon this
question will permit all this additional
evidence to be introduced, and the prose
cution expects to make out a much
stronger case by this means than it did
on former trials.
It was contended by the attorneys -for
the defense that perjury could not be
committed upon the final proofs In re
gard to the question as to whother or
not the applicant was applying to pur
chase the land on speculation and not
in good faith to appropriate it to his own
use and benefit, because the statute au
thorizing persons to file on timber lands
does not expressly require any testimony
to be given upon this question at the
time of making final proof, and bocause
the testimony on this point is required
at the time of making final proof only
by the rules and regulations of the Gen
eral Land Office, and thai perjury cannot
be predicated upon false testimony which
is given before the Register and Receiver,
or a United States Commissioner, and
which Is required by the rules and regula
tions of- the Land Office, but which Is not
expressly and specifically required by any
statute.
Contention of Prosecution.
The prosecution contended that false
testimony given under a rule and regula
tion of the General Land Office, which is
adopted to enable that office proporly to
administer the land laws and the sales of
lands as the guardian thereof for the
people of the United States, Is expressly
declared to be perjury by an act of Con
gress which was passed In 1S57, and
which was inadvertently omitted from the
Revised Statutes in 1S72, and which has
been overlooked by several Federal courts
In rendering decisions since the latter
date, simply because neither the courts
nor the attorneys representing the Gov
ernment In those cases knew that said
act of 1857 was ever in existence, or took
the trouble to look up the question as to
whether it had ever been repealed or not.
The late Judge Bellinger, however, in
deciding this express point. In a case
tried before him prior to the commence
ment of the land-fraud prosecutions, to
wlt. In the case of the United States
against Wood, in 70 Federal, page 4S5, held
that the law of 1857 was still in full force
and effect, and that it made such evi
dence perjury. Several other Federal
Courts have declared it to be in full force
and effect, and have decided the same
things to constitute perjury. In the timber-culture
act, which was enacted June
14. 1878, Congress itself recognizes the act
of 1SS7 as still being In full force and
effect, and declares that its provisions
shall "extend to all oaths, affirmations
and affidavits required and authorized by
this act."
Judge Hunt's Ruling.
It was also contended by the attorneys
for the defendants that after the initia
tory sworn statement was filed the appli
cant could immediately enter into a con
tract to sell and convey the land as soon
as he obtained his final receipt, upon
making final proof and payment for the
land. Judge Hunt promptly ruled that
this was not the law, and that the pur
chaser could not, at any -time prior' to
obtaining title thereto, make a valid con
tract to sell the land. In the case of the
United States vs. Budd. 144 U. S., p. 163.
the -Supreme Court of the United States
said: "The act does not, 1n Any respect,
limit the dominion which the purchaser
has over the land after its purchase from
the Government, or restrict in the" slight
est his power of alienation. All that it
denounces is a prior agreement, the act
Ing lor another in the purchase. If, when
the title -passes from the Government, no
one save the purchaser has any claim
upon if, or any contract or agreement for
It, .the act is satisfied." In other words,
the Supreme Court of the United States
holds that the act Is not Batlsned If any
one save the purchaser has any claim
upon the land, or any contract or agree
ment for it, at' any time before the title
passes from -the Government. .
Benjamin F. Jones.
After FranclB J. Heney. for the pros
ecution, and A. A. Bennett, for the de
fense, had made their opening statements
to the Jury yesterday morning. Benjamin
F. Jones was called to the stand by the
Government. He testified that in the
Summer of 1902 Dr. Gesner had proposed
that hlmteir and wife take up a timber
claim in proximity to the "Willlamson
Gesner sheep range, offering to pay all
expenses and give them $75 each as a
bonus for the land, after title Issued. In
conformity therewith, he said, he had lo
cated the northeast quarter and his wife
the northwest quarter of section 6, town
ship 15 south, range 18 cast, Willamette
Meridian. The affidavits were made be
fore "United States Commissioner Marion
R. Biggs, one of the defendants, at his
offlco In Prlnevllle, after several of the
locators, who "had gone In a body to in
spect the lands, had returned from their
trip.
"At the time I made final proof," sajd
Jones, "Biggs did not say anything to mo
about making a note. Gesner spoke to
me about the fnoney proposition at the
time I filed on' the timber, and said he
would furnish the money for myself and
wife. That was in the same talk where
he said he would pay us $75. At the time
I subscribed my name to the final proof
papers, it was my intention to let Gesner
have the land under od'r verbal agree
ment. Where Bennett Objects.
It was at this point that Bennett ob
jected to the line of examination, the
court permitting Heney to Introduce the
evidence. The layer contended that the
law of 1857 expressly covers the points
at Issue, and that if It did not, the whole
system of precaution would become a
farce, and an applicant could swear to
anything he pleased immediately after
making his application.
Continuing, the witness said: "After I
had made final proof. I received two
checks from The Dalles Land Office, dated
January 25, 1904, for ?411 each, together
with a letter from Anna Lang, the Re
ceiver. I had expressed no intention of
abandoning a desire to go ahead and per
fect title. The checks I deposited to the
credit of Gesner In a Prlnevllle bank, and
have not received a patent for the land
since or done anything further with It."
Witness identified the final proofs of
himself and wife, sworn to before Com
missioner Biggs, and the documents were
offered In evidence by Heney.
Cross-examination of Jones.
On cross-examination. Jones said that
he was slightly acquainted with Thomas
B. Kcuhausen and William J. Burns, and
that he also knew a man named Mitchell,
who was alleged to be a Government de
tective. He did not know Snolllng, who.
It was sought to shew, was also In the
Government Secret Service, the evident
Intelffion of the defense being to prove
that Jones had been offered immunity
by the prosecution for testifying against
defendants. ,
"I am not employed by the Govern
ment," he continued, "although 1 may
havo given them some information. I
don't know that I have hfad whispered
conversations with" either Iveuhausen or
Burns about this aisS, or helped to herd
the witnesses together. I didn't get pay
enough for that. I havon't been offered
any Jobs by the Government. I saw
Champ Smith after I returned home. Had
several conversations with him, and
might have told him that there was a
possibility of my getting a Job with, the
Government as a detective or United
States Marshal. Believe that Floyd Pow
ell spoke to me something about It right
after my return home. He Is one of the
witnesses here."
The witness then detailed his trip to In
spect the land, being accompanied by his
wife and son and Joo Calavan and wife.
hp .saia uesner had tow mm they were
having trouble with the cattlemen. and
wanted witness to take up the claims so
they could get the grass for that sasbn,
and that he would furnish the money and
let the grazing prhiloge stand for the
Interest as long as he used the money.
It being understood that witness was, to
repay Gesner after the sale" of the larjd.
According to witness. Gesnfer had not
told him that he could nojmake a con-
ance of title. He did not remember an
alleged conversation at which only him
self and Williamson were present, where
in he had. told the latter that he had
made no contract to sell. Ho admitted
having sworn In his final proof that he
had mtdc none, and also admitted having
Induced his wife to do the same thing,
claiming that he needed the money.
The case was adjourned until 9:30
o'clock this morning, at which tlrae Jones
will resume his testimony.
PERS0NALMENTI0N.
Mrs. M. A. McEaddcn and Mrs. Marga
ret Wood, of Seattle, are visiting the Ex
position.
.T. P. Bloch, formerly of Portland, is
here on a visit. He is now In the employ
of Taylor & Williams, of Louisville. Ky.,
with headquarters In Seattle.
Rev. Henry V. Romlnger. of Dickenson.
Korth Dakota, Is spending his vocation
here. He will preach Sunday morning In
the Hacsalo-street Congregational Church.
Evangelist J. V. Updike and his singers.
Mr. and Mrs. George A. Webb, are In the
city, and will be at the Central Christian
Church tomorrow. Rex'. Mr. Updike has
received moro than 40.000 Into the fellow
ship of the church during his ministry
R. B. Miller, general freight agent of
the O. R. & N.. who has been through
Eastern Oregon and Washington on a trlD
oi inspection for the past few days, will
return to his home In the city today.
While on his trip Mr. Miller has been
looking over the crop conditions as they
affoct the freight business of the O. R.
& X.
NEW YORK. Sept. 8. (Special.) The
following Northwestern people are at the
New York hotels:
From Portland-rJ. H. Wetherhoff, at the
Park-Avenue,
From Seattle W. G. No iris, at the Her
aid-Square.
CHICAGO, Sept. 8. (Special.) The
following Portland people are at Cal-
cogo hotels today: Sherman House, S,
N. Butters and A. B. Cousin; Brlggs
House. Mrs. Rarlck and daughter.
From Portland W. H. Colgate, at the
Auditorium.
Street Improvements Accepted.
At a meeting- of the Executive Board
yesterday, the following street 1m
provements were accepted:
East Sixteenth, from the south lino
of Weldler to the north line of Halsey
Shaver, from the east line of Union
avenue to the west line of East Twelfth,
and Twenty-fourth from the north line
of Flanders to the center line of Gllsan.
Hitchcock's Daughter to Marry.
WASHINGTON, Sept. S. Secretary of
the Interior and Mrs. Hitchcock have an
nounced the engagement of their daugh
ter, Anne, to Lieutenant-Commander Will
lam S. Sims. United States Navr.
IX)W RATE SIDE TRIP TICKKTS.
Many visitors to Portland are aking
advantage of the side trlD 15-day. one
fare tickets. Issued by the O. R. & N.
and Southern Pacific, to holders of Lewis
and Clark uckets soia cast or .rocateuo,
Pocatcllo or Butte and tho western
boundary of Arizona. Such holders are
entitled to side trips at above rates from
Portland to all oolnts on the O. R. & N..
in Orecon.- and on the Southern Pacific
as far south as Ashland; from Umatilla
to Pendleton, all points In Washington
and Idaho, including Orcron points be
tween Pendleton and Walia Walla. Par
ticulars by asking at O. R. & N. ticket
office. Third and Washington streets,
Portland.
TANNER IS THE MAN
Elected 'Commander of Grand
Army, First Ballot.
VETERANS CHEER WILDbY
Greetings Exchanged With Roosevelt.
Sample Re-Electcd, Though on
- Deathbed Next Convcn-
tlon at Minneapolis.
DENVER, Sept. 8. The thirty-ninth na
tional encampment of the Grand Army
of the Republic elected officers today as
follows:
Commander-in-Chief, James Tanner, of
Mew York; senior vice-commander.
George W. Cook, Denver; junior vice
commander, Silas H. Towxnler, Minneap
olis; surgeon-general. Hugh Phlller. Wau
kesha. Wis.; chaplaln-ln-chief. Rev.
Father J. G. Leary, Chapman. Kan.
Minneapolis was chom as the meeting
place for 190S.
The contest for commander-in-chief was
the most Interesting feature of the ses
sions today. Besides Corporal Tanner, R.
The Sunday Oregonian is the most comprehensive newspaper of the Northwest. It exceeds every
, other newspaper in the extent, range, interest, accuracy and variety of its news, as in special features
suitable for the Sunday newspaper.
Its news reports are received over two leased wires one from the East via Spokane; the other via
San Francisco. The leased wire via San Francisco makes a special feature for The' Oregonian of
San Francisco and California news.
The wires of both Western Union and Postal Telegraph are used, moreover, for special reports
from all parts of the country, and especially from Pacific Ooast points.
" In special features, such as belong to modern Sunday journalism The Oregonian has no equal in
the Northwest. It is the incomparable newspaper of the Oregon country, and its circulation is greater
by far than that of any other.
The regular edition of The Sunday Oregonian exceeds 40,000 copies, and the greater number of
those who read it neither see nor want any other paper.
The Sunday Oregonian "fills the bill."' . '
B. Brown, of ZanesvUle. O.; Charles Bur- I
rows, of Rutherford, N. J., ana Chariot?
G. Burton, of Nevada, Mo., were placed
in nomination. Burrows' name was im
mediately withdrawn. Av the call of the
roll of the departments proceeded, it be
came apparent from the number of de.
partmcnts seconding Tanner that his elec
tion was a certainty. Although George
Stone, of San Francisco, was not named
formally as a candidate, the departments
of California and Nevada cast their 16
votes for him. The total vote for Tannar
was 447. Brown .received 1ST. Ohjo and
Pennsylvania gave him their full vote
and Indiana a majority. The only large
delegation that voted for Burton was that
of MlKWirl. His total strength was 42
votes.
Scene of Great Enthusiasm.
When the adjutant-general announced
the result, the convention want wIW. The
old veterans leaped from their seats,
shouting and cheering and throwing tholr
hats Into the air. While Tanner and
his escort were walking down the center
aisle, the delegates made a rush for Tan
ner and. lifting him Into the air. carried
him. bodily to the rostrum. The delegates
then rope In a body and cheered for v-
eral minutes.
In -a brief speech. Corporal , Tanner
thanked his comrades. 'There Is one
man." he said, "whose esteem and as
sistance it is necessary for the ow fM
dler? to have. There are three men In
the encampment whom I will call in coun
cil In meeting President Roosevelt"
Greeting From Roosevelt.
Previous to the election a letter from
President Roosevelt to Commander-in-Chief
King, askihe him to "extend ray
warmest congratulations to tne comraaes
there assembled and to say to them how
I regret that I cannot In persen meet
them and express the affection and re
gard I feel for them." was read and a
telegram in reply was sent.
The recommendations in the annual re
ports of officers were approved, me
newly elected commander-in-chief an
nounced three appointments. Lleutonant-
Colonel John Tweedal, retired, was made
adjutant-general and Allen C. Bakewell.
of New York; national patriotic Instruc
tor. Thomas G. Sample, of Allegheny,
Pa-, was continued as a member of the
council of administration. Mr. Sample
is reported on his deathbed and Corporal
I Tanner explained that he wanted him to
All delegates and alternates and vet
erans who had the countersign were ad
mitted, but no outsiders were allowed In
the theater during the election.
Representation is based on membership
of departments. Each department is al
lowed one delegate for every veterans
enrolled In each post In the state or a de
partment. A vote is also allowed every
past department commander of every
state. Representation Is given in the vot
ing to all past National officers. Speeches
of nomination for all candidates wero
limited to five minutes and seconding
speeches to two minutes.
Neat Convention City Chosen.
Tho first business before the encamp
ment today was the choice of meeting
place for next year. It had been prac
tically settled In advance that the nation
al encampment of 1S06 would be held In
Minneapolis. The only other city that
asked for the encampment In the conven
tion was Dallas. Tex., who offer was
presented by John A. Ewton, manager of
the Dallas 150,000 Club. On a viva voce
vote the delegates seemed to be about
equally divided. A rollcall was then or
dered and Minneapolis was chosen.
. The encampment gave a vote of thanks
to MrS-Ewton and the Texas organiza
tions, which extended the invitation to
meet in Dallas, and Commander-in-Chief
King personally a?ked Mr. Ewton to go
to Minneapolis next year and repeat the
invitation, promising to use his Influence
to secure the National encampment in
1907 for Dallas
Roosevelt's Action Commended.
The report of the resolutions committee,
as adopted, commended the efforts of
President Roosevelt In bringing about
peace between Russia and Japan, and in
dorsed the) President's appointment of
Vespasian Warner as Commissioner of
Pensions. The members of the council
of administration were announced, among
them being: Idaho. Samuel Wallace, Po
catcllo. Montana, G. B. Sterling, Helena;
Oregon, B. F. Pike. Moro; Utah, N. D.
Corser, Salt Lake City; Washington, Wil
liam Badger, North Yakima.
Officers of Army Nurses. ,
DENVER, Sept S. The Natleoal Ajco-
elation of Army Nurses today elected the
following officers: President, Fannie E.
Haxen. Boston, reelected; senior vice
president, Clarissa F. Dye. Philadelphia;
Junior vice-president, Frederica J. Cole.
Beatrice, Neb.; treasurer, Jjalomc W.
Stewart, Gettysburg. Pa-, reelected;
chaplain, Elizabeth Chapman, St. Louis;
Mo., reelected; conductor, Mary E.
Lacey, Salt Lake City; guard. Emily Al
der, Clarion. Ia.; secretary. Kate E. Scott,
Brookvllle, Pa., reelected.
WOMEN FIGHT FOR OFFICE
Mrs. Adams Elected President of Re
lief Corps AJtcr Contest.
DENVER, Sept. 8. Mrs. Abble A- Ad
ams, of Superior, Neb., was elected presi
dent of tho Woman's Relief Corps. There
wore originally .five candidates, and the
balloting continued for three hours. The
contest finally narrowed down to Mrs!
Adams and Mrs. Carrie EL Sparklln. of
St. Louis. The decisive ballot was: Mrs.
Adams, 205; Mrs. Sparklln, 133.
Jura. C. Harris, of Emporia, Kan., and
Mrs. Frlsbce withdrew at once and the
other two were forc-d out by the ballot
ing. During the afternoon session the
following officers were chosen:
Senior vice-president. Mrs. Julia G.
Sine, of Chicago; Junior vlcesrestdent,
Eunice Munger, Oklahoma City; ureasur
er. Charlotte EL Wright, Hartford, Conn.;
chaplain, Catherine C. Kennedy, Denver.
Officers were installed and the encamp
ment adjourned sine die.
Spanish War Veterans Elect.
MILWAUKEE, Sept. 8. Major Charles
R. Miller, of -Cleveland. Ohio, was this
.afternoon elected Commander-in-Chief of
the United Spanish War Veterans. For
senior vice-commander. Major John M.
THE SUNDAY OREGONIAN
Harland. of Buffalo, was elected, and
Captain E.x E. Kirk, of California, was
chosen Junior vlcc-commander. Washing
ton was chosen as the next meeting
place. A resolution favoring larger scope
of the pension laws was adopted.
Ladles of G. A. R. Elect Officers.
G. A. R. elected officers today and wound7;
up their nineteenth annual meeting. The i
following were chosen:
President. Ruth E. Foote. Denver; sen
ior vice-president, Margaret Stevens. New
Jersey; Junior vice-president, Minnie Bar
num. Minnesota; treasurer. Ella Jones.
Pennsylvania; secretary. Catherine Ross.
Colorado; chaplain. Anne Weaver. Iowa;
council of administration. Genevieve
Longfleld. Illinois; Abble Krebbs, Call- ;
fornla, and Lizzie Grlftln. New York.
Hannah Chamberlain, of New Jersey, :
who aspired to head the organization,
withdrew early In the contest, leaving a
dear field for Mrs. Foote. i
Daughters of Veterans' Officers.
DENVER. Sent. S. The Daughters of
Veterans today elected: President, Miss J
Bertha Martin, MasslUon. Ohio; senior
vice-president. Miss Clara Hoover. Chl- ,
cago; Junior vlce-prosldent. Miss Mattle
C. Leighton. Clinton. Mass. ;
TO MAKE STRIKE GENERAL;
PRINTERS WILL DEJLAXD EIGHT :
HOURS IX ALL CENTERS.
Struggle Extends to Indianapolis To
day and to Other Large Cities
Prom Day to Day.
!
CHICAGO. Sept. S. According to the of-
fleers of the International Typographical ,
Union, the war betweon the United Typo- :
thetae and tho International Typo graph- .
Ical Union over the lattcrs demand for an i
eight-hour day to go Into effect January j
1 la to become general. Beginning to- j
morrow, the strike will spread to every J
city In the country where the employers !
refuse to grant the eight-hour day. 1
Thus far the strike has affected only ,
Chicago and Detroit. Tomorrow the print-
ers will be called out of the Typothctae j
shops of Indianapolis, and from day to ;
day strikes will be ordered In other cities. J
With, the exception of Denver, Salt. Lake
City and Springfield, where the e!ghlhour
agreement Is now In effect, uhe order will
affect practically every city of size In the ,
United States where branches of the
United Typothctae exIsL New York has I
a contract which exempts it from strikes
until January L
J.
New York Mail "Wagons Guardc
NEW YORK. Sept. S. Under guard of
policemen, and occasionally showered with ,
sticks and stones, the United States mall
delivery wagons, whose operations In New 1
York's busiest circles Is threatened by the
strike of 300 drivers, carried the malls
without delay. Upon receipt of confirma-
tlon from Hoboken and Jersey City that
attacks were being planned In those cities '
upon New York mail wagons. United ,
States Marshal Henkel communicated ,
with the Chiefs of Police in both places,
who said that they would have special de
tails of policemen to meet the wagons
from New York at the ferries and to
escort them through the streets. United
States Secret Service agents made the re
port of the threatening conditions in the
Jersey cities.
No Red Stripes on Trousers.
The Important announcement was made
at police headquarters at 3:20 o'clock yes
terday afternoon that red stripes would
no longer be worn down the trousers-leg'
of Portland's patrolmen. This ia regard
ed as one of the. greatest reforms yet
made by Mayor Lane since his Inaugura
tion. The detective staff has not yet
been reorganized.
ARE YOU GOCfO XAST?
If So. Xa-nt Abeut the Very lew O. R. Jt K.
Ibties.
September 7. 8, 9 and 10. the O. R. N.
places on sale very low-rate lonr-tlmo
tickets XasW account I. O. O. F. Grand
Lodge .meeting. Philadelphia, Pa. Partic
ulars by .asking at City Ticket Office,
TMci iM TCftiataKtoa i-trscpL. Portlud.
GRAFT IN THE ARMY
Clothing Contractor and In
spector to Be Prosecuted.
FURNISH INFERIOR- GOODS
War Department Orders Trial of
Morris, Busch and Charlton and .
Requires Rigid Precau
tions Against Fraud.
WASHINGTON, Sept SAThe criminal
prosecution of Morris Busch, contractor,
and Robert Charlton. Inspector, was or
dered today by acting Secretary of War
Oliver. This action is contained In a di
rection to Judge-Advocate-General Davis
to prepare tne necessary papers for this
prosecution and submit them to the De
partment of Justice. Busch holds a con
tract with the Quartermaster's Depart
ment of the Army to furnish fur caps
and gauntlets to bo delivered at the
Schuylkill Arsenal. Philadelphia.
The order for prosecution Is taken on
the strength of a report recently made
by Major F. S. Strong, of the Artillery
Corps, acting Inspetor-Go'neral. In which
it Is shown that a conspiracy to defraud
the Government exists between -Busch and
Charlton. Besides the criminal prosecution
of Buseh and Charlton. Mr. Oliver
directs that Busch shall be compelled to
complete his contract with the Govern
ment, under penalty of a civil suit for
damages. He also stipulates that. If any
Inferior articles are, furnished the Gov
ernment by Contractor Edwin H. Tag
gar t. under his contract of October 8,
1842. he shall be required to replace the
inferior goods, under penalty of a civil
suit for recovery of the money paid.
Will Investigate All Depots.
The report of Major Strong regarding
conditions in the Schuylkill Arsenal has
led to a suggestion from the Inspector
General's Department which--has been
made an order by Mr. Oliver for an
immediate Investigation of the Important
depots containing Army supplies. These
are located at New York. Boston. Phila
delphia. Jeffersonville. Ind.; San Fran
cisco and other places.
Secretary Oliver today Issued the follow
ing statement, giving his conclusions on
the report of Major Strong:
War Department. "Washington. Sept. 7. 1005.
Th- report of Major F. S. Strong. Artillery
Corpr. Aetlas I Bapfcior-General, upon the al
leged Irregularities In the Oiling- oi contracts
at the Scfcttrlkui Arsenal. Philadelphia, la
hereby approved. It la ordered thai Inspec
tor Robert Charlton and Examiner F. M.
Qutalan be directed to ahow cause, in writ-
lnr. wnv tner aftouM net c at once aw-
charged tor Incompetency in permitting th
receipt f articles inferior to tho contract
atasdard.
Prosecute Busch and Charlton.
The Jdfe-Advocate.General will prepare tlte
necessary papers to submit to the Department
of Justice for the purpose of Inaugurating
criminal proceeding? against Morrts Uusclt.
Mtractor. and Roeert Charlton. Inspector,
for eea&piracy to defraud the United States
Government.
A eareful lntpection shall be Immediately
rnade by an expert of all -ftnlcleis heretofore
delivered on the contract awarded Morris
Busch. or others, and & demand made to re
place all such as may be Inferior to tho con
tract samples.
Morris Busch shall be compelled to complete
In a sAtisfactorr manner all contracts which
he may now hold with the Government and
falling to da so shall constitute grounas for
civil suit for daraagee.
In ease any Inferior articles are discovered
furnlahed by Edwin H. Taggart. contractor,
under his contract of August 8. 1002. he shall
be required to replace said Inferior gooda.
failure on felfl part to do so to bo followed by
civil suit for the recovery of money paid.
Precautions Against Fraud.
In future the commanding officers at all
depots where supplies are furnished under
contract e-ball be required to select personally
the monthly samples furnished to the Quar
termaster, and at all such depots, and the
Schuylkill Arsenal In particular, commanding
officer rhall personally and collectively su
pervise the Inspection of all articles tendered
under contract with a view to their accept
ance, availing himself of the knowledge of
the chief Inspector as an expert.
Hereafter all irregularities- of any nature
whatever not reported upon by the officer
In charge of eald depots shall be held to con
stitute & basis for charges against such of
ficer for neglect of duty and a general lack
of efficiency, and. In the advertisement tor
bids for contracts for any Government sup
plies each bidder shall be furnished the name
and place of business of the manufacturer or
manufacturers who furnish the gooda. If upon
careful examination on the part of the offi
cers of the Quartermaster's Department they
shall report advertely as to the facilities and
genera standing of said manufacturer or man
ufacturers, such report shalt bo considered
sufficient to reject such supply.
Fight Shy of Low Bids.
All bidder Who may have failed Justifiably
to Oil contracts with the Government shall not
be considered, and a careful consideration
shall be made, with a view to aecurlns the
legitimate values ot articles of standard qual
ity, 'and any abnormally low bids must be
carefully scrutinized, with a view to exclud
ing incompetent and unratlafactory contractors
from furnishing Government supplier.
ROBERT SHAW OLIVER.
Actlnr Secretary of War.
The report of Major Strong la now in
the hands of Judge Advocate-General Da
vis, who Is preparing the evidence for
the criminal prosecutions contemplated.
WHO WILL- BE PROSECUTED
Busch, a Councilman, Whose Bribery
Was Exposed by Partner.
PHILADELPHIA. Sept. 8. Morris
Busch. the contractor against whom
criminal prosecution Is ordered by
'the "War Department, Is a Com
mon Councilman of this city. Charl
ton, who Is also recommended for
prosecution, is an employe of tho Schuyl
kill Arsenal
Major Strongl of the Inspector-General's
Department, came here from Wash
ington early in August for the purpose of
making an Investigation at the Schuyl
kill Arsenal of certain contracts. The
jjXYeatlsatlon listed a week4t was tea-
tifled by Frederick Kamholr. a partner i
of Busch, that Charles T. Gladding, for--
merly Chief Inspector at the Arsenal, and
Robert Charlton head of the present
force of fur Inspectors, had agreed to
pass Inferior goods made by Busch.
Charges that money had passed between
Busch and Charlton was made by Kam
holz. .
Charles A. Bowman, a former secretary
to the late Congressman Burke, of this
city, testified that, while he was secre
tary to the Congressman, Busch offered,
him 30 to got Burke to furnish him
with information concerning bids. Busch
denied all the charges.
WILL EXTEND RAILROAD
China crakes First Payment on the
Canton-Hankow Line.
NEW YORK, Sept. 8. In the office of
J. P. Morgan &. Co., Sir Cheng Tang j
Liang Cheng. Chinese Minister to the
United States made the first payment of
the 55.7oO.COO which his government
has agreed to give to reimburse the stock
holders in the Canton-Hankow Railway.
None of those Interested would make
known the exact size of the first install
ment. Three months hence the final payment
will be made, and then tne concession and
the 30 miles of railway built will revert
to the Chinese, who, it is stated, on good
authority. Intend to complete the railway,
which, traversing the most thickly settled
part, of the Chinese Empire, is to be 250
miles in length.
Sir Cheng Tung Liang Cheng came to
this city from Amherst on Wednesday
evenlng. and after the business was com
pleted yesterday he returned at once to
his Summer home. With the Chinese Min
ister was John W. Foster, former Secre
tary of State, who represents China in
the negotiations and in the office of Mr.
Morgan was George L. Ingraham, repre
senting the financier, and General Charles
A. Whittler, the president of the Canton
Hankow Railway Company.
"It must not be understood." said Mr.
Foster, In discussing the matter, "that
China exhibits any feeling of opposition
to Americans. The purchase of the con
cession, or rather the reimbursement of
the stockholders, only expresses the de
sire of the Chinese government to build
this railway, which Is to be located In
one of the most Important parts of the
empire. There Is sufficient capital among
the merchants of that country to finance
the undertaking, and it is- extremely prob
able that foreign engineers will be called
In to superintend the construction.
"Within a few years there has been 'a
revulsion of feeling In regard to rail
roads In China. Formerly the people did
not want them, and regarded them as the
product of the 'foreign devils but now
this has changed. Like the Japanese, the
Chinese have awakened to the fact that
such methods of transportation are for
their best Interests and that In the wake
of the railroad will come other equally
beneficial innovations."
ONE KILLED BY EXPLOSION
Gasoline Wrecks Building, Smashes
Trolley-Car, Injures Many.
NEWARK, N. J.. SepL S. (Special.)
One woman was burned to death and six
persons were seriously injured or burned
as the result of the explosion of a can
containing eight gallons of gasoline to
night in the basement of the Debay Com
pany's drying and cleaning establishment.
Dead: Mrs. Eugenia Noll, pressor,
burned to crisp.
Injured: Mlsa Martha Thonret, book
keeper: Anton Debay. member ot the
Arm: Henry E. Perrett. member of the
firm; Charles Franz. Isadore Llehtblaz.
Thomas Banbrook. The last three named
were passing the place where the explo
sion occurred.
Debay was cleaning clothing In- the
room where the explosion took place.
Mrs. Noll was at-work In the room direct
ly above, and Miss Thouret and Perrett
were In the front store. Perrett was
blown clean through the front of the
building Into the street. The front of the
adjoining building was also blown out.
All the glass in a passing trolley car
was shattered, and a dozen or more pas
sengers slightly cut by flying glass. The
vllndows In the buildings on the opposite
side of the street were wrecked.
The firemen had a hard battle with the
Are that followed the explosion, and it
was not until the flames were extin
guished that Mrs. Noll's body whs found.
The property loss wa about S1C.O0O.
YELLOW CRUSTON BABY
Would Crack Open and Scab
Causing Terrible itching.
CURED BY CUTICURA
"Our babj had a yellow crost on
his head which I could not keep
away. "When I thought I had suc
ceeded in getting his head clear, it
would start again by the crown of his
head, crack and 'scale, and cause ter
rible itching. I then got Cuticura
Soap and Ointment, washing thescalp
with the soap and than applying the
Ointment. A few treatments made a
complete cure. I have advised a num
ber of mothers to use Cuticura, when
I have been asked about the same
ailment of their babies. Mrs. John
Boyce, Pine Bush, N. Y."
"We are the discovers and originate
ors of the only reliable and sciential,
system of Painless Dentistry. We ex
tract, crown, fill and clean pr treat
teeth absolutely without pain and guar
antee all work for 15 years. Our work
is the best, our prices the lowest con
sistent with flrst-clasa work. EXAM
INATION FREE. Our plates are unde
tectable from the natural teeth and
are guaranteed to fit.
FHiLINGS 50c, 75c and $1.00
GOLD CROWNS - .$5.00
BRIDGE WORK $5.00
FULL SET NATURAL TEETH. . .$3.00
Open for Baataeaa ustil D o'clock
erreslBx.
Boston Painless Dentists
301 Xerrtaoa St., Ops. Meier &. Fraalc
siact FojrtoISce.
HOUBS-8:30 A. M. to 9 P. II. Sun
Uay, 8:30 A- M. to 12:30 P. M.
DAM I AN A
9i Callfsrnli Dimlana llttsri ut x great rsstar
attre, inrisoraxcr and nerrine. The xnostwonderful
anhrodaUc and xpecial tonic for the sexual organs
ot both sexes. The Mexican remedy for diseases of
the kidneys and bladder. Sells on its own merits.
NABER. ALTS St'BRUNE, Agents
328 Market St., Saxt Francisco. Send fcr circular..
For ssle by all drupststs cr liquor dealers.
BITTERS
TEETH
Bmmiflful Worn
reallxa that luxuriant hair cf
zlco, ToutifclNcolor always
to their charms; The
xu7 he colden, black
or brown, bat irhea
It becomes gray
or faded there is
an appearance
ct aze. though
he may feel as
youar as eTer. Un
der these circum
stances sray hair Is
a drawback to men
aad women.
ny HAiRHEALTH
Koofis Yozs Looking Young
lAIvays brings back the color and beanty of youth
to txv or failed hair. Fosltlrely removes dandruff",
kills tho cenn and stop3 hair fallln;. Does noi
oil sila or linen. Aided by HAJIFIXA SOAP
It soothes and heals tho scalp, stops ltcbln? and
promotes line hair growth. Large 60c. bottles.
Take nothing without Philo Hay Co. signature.
Fres Soap Offer Sffio
Sim this coupon, take to any of the following
drusjtlsts, and cet a 50c. bottle Hay's Hair
health and a 25c cake Harflna Medicated Soap.
Best for hair, bath and toilet, both for 50c.. ot
sent by Pbllo Hay Specialties Co., Newark. N. J.,
express prepaid, on receipt of 60c and this adr
TNarae
Address.
Folloirlnf druntlsU supply Hay'" HiTrheaittt
and Harflna Soap la their shop only:
WOOUKD. CLAKKK & CO.
I"ourtk juid WaahluKton Sts,
WE CURE MEN
Our skill has no superior and but.
few equals In the practice of our
specialty diseases of men. To the
study and treatment of chronic
nervous, blood and skin diseases we
have devoled special effort during
our entire professional life, and
have been rewarded by the discov
ery of the. very best methods used
In specialty practice that gives us
complete mastery ot these diseases.
Our system of home treatment Is
successful and strictly private.
Consultation In person or by mall
FREE and SOLICITED.
State Medical Institute
202 Second Ave.. South.
SEATTLE. "WASH.
We treat and cure hundreds every
month who suffer from l'elvlc and
other disease ot men, such as Hydro
cele. Varicocele. Stricture. Stomach,
Kidney and Bladder AfTectlona, Vital
Weakness. Nervous Decline. Impo
tence. Nocturnal jLosnes and all that
long .train of srmptoms and troubles
whleh arise from youthful errors, or
other excesses.
Wc have a new specific treatment for
Gonorrhoea which is prompt, sure, safs
and painless.
Syphilis and all blood taints we cure
to stay cured, and do not resort to poi
sonous minerals.
Varicocele, Hydrocele, Tiles. Itectal
Ulcers and Cancers we cure ftffectu
ally and without the use ot the knife.
Consultation and examination free.
Write for symptom blank and book If
you cannot call.
Office Hours: 8 A. SL tp S P. 1L:
Sunday. 10 to 12.
St Louis XT Dispensary
Cor. 2d and Tamblll Sts.. Portland. Or.
I e a o o e o e o o o e o o o o e e
I C. GEE WO
Formerly located
at 233 Alder St..
corner Third,
Has
To the large brick
building at S. a J
corner of First and
Morrison Sts. "
Entrance Q
&l62o First St.
Uortor is well known and famous
He treats any and, all diseases
powerful Chinese roots, her bs buds
barks and vegetables that are en
tirely unknown to medical science In
this country, and through the use of
these harmless remedies. He guar
antees to cure catarrh, asthma, lung
troubles, rheumatism. nervousness.
stomachV liver, kidney, female troub
les and all private diseases.
This famous doctor cures without
the aid ot the knife, without using
poisons or drugs. Hundreds ot tes
timonials on nte at his offices. Call
and see htm. Charges moderate.
CONSULTATION JTREE.
Patients out of the city write for
blanks and circular. Inclose 4c stamp.
Address the C- Geo Wo Chinese Medi
cine Co.. 162V4 1st St., Cor. Morrison.
Portland, Or.
Please mention this paper.
CLEANLINESS"
f the watchword for health and vigors
comfort and beauty. Mankind Is learning
not only the necessity but the luxury pi
cleanliness. 5APOLIO, which hal
wrought such chanzes In the horn, a1
ounces her sister triumph
HAND
SAPOLIO
FOR TOILET AND BATH
A special soap which enertUes the who!
bdy, starts the drculatka and leaves art
ixhllaratlns: slow. AB man ai tfruxMh'
ECHtCHCSTER'S CNOUSH
ENNYROYAL PILLS
jST-V Orlalnal and 0ly Genuine.
5VvOvSArE- JkiwrrtUbU. lAUc,ukDrerrtrt
ia KED and Gold emuIUo bale, lulrl
vlUiblitrtbbaa. Take no other. Beftia
BaBxeroa HabatitHtloas aad. Iotlt.
tloas. Ear ef TtirDnniiL or Mad 4a. la
"ar for PartleaUn. TcuUmonial
ai "Rltr fur Ladle." in Ut'.tr, by r
tara Mali. lU.OIIII TnthaaaUl. 8Mbr
Um'in Udi P?r. JUibta 8aaar. PJUXLA.. l'JU
H; G is a non-'BcisonocJ
remedy for Gonorrhoea,
Gleet. Spormatory nee a,
Whites, unnatural d!r
charges, or any insammv
tlon of mucous mear
iTHEm3CHi:&H.C0. branes. ion-astrlngenti
or sent in plain wrapper
by esprsM. prepa&a, rot
fl.G0. or 3 bottlM. &?5,
ttonlur mst mwtt
addsfifc,
hair v rM M SI
i I SIS
I. 33l Bet u scuiar.
La4fPrtTtata caatxflaa.
I CSS