Morning Oregonian. (Portland, Or.) 1861-1937, October 24, 1905, Image 1

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VOL. XLV.- XO. 14,002.
President Speaks on anal,
Navy and Crooked Pub
lic Officials. -
Assures Alabama That Gonial "Will Be
Dug, Despite Captious Critics
and Threatens "Woe to
All Grafters.
Tuskegee. Ala. Arrive 8:30 A. M-.
the President spending two hours
about the town and. the institute
Montgomery. Ala. Arrive noon. Wel
comed at State Capitol by the Mayor
and Governor, with an address by the
Birmingham. Ala. Arrive 4:45 P. M.
Two nouns stop. Speech by the
President, visit to the State J'air -with
a second address by -the President.
Leave 6:45.
MOBILE, Ala.. .Oct. 23. That peace
hath her victories no Jess renowned
than war was never better exemplified
than in the reception of President
Roosevelt during: his two hours' stay
in Mobile this evening. There was gen
eral closing of all business houses and
ahmg the route of the procession from
the Union Station to the stand in Bien
ville Square, whore the reception core
monies took place, the residence and
ftores were covered with decorations of
lights ad bunting in the National
t olors.
Tne route lay out Government street,
one of the most noted- drives in the
South, for ton blocks passing .the homes
of Mobile's most .Influential citizens,
her ealef educational Institution and
one of her historic churches. The side
walks and streets along Government
f treet were packed with humanity, and
at McGill Institute Barton Academy
rnd one or two other points hundreds
cf chiluren were massed, who sang; Ra
tional anthems ind songs as the pro
sr ,i. Pher after cheer rent
the air. The procession was headed by
a platoon of, police, followed by militia
and two companies of artillery .from
Fort Morgan and the cadets of the Uni
versity Military School.. Behind the
young boys came the battle-scarred
veterans of Raphael Semmes and Jones
M. Withers' Camp. U. C. V.. as a guard
of honor to the President.
Russian "Bear Behind Him.
The stand was erected on Bienville.
Square facing the square, which, long
before the President arrived, was filled
with a struggling crowd of citizens. It
was brilliant with electric lights and
overhead the magnificent grove of live
oaks formed a canopy of green. It is
estimated that by the time the Presi
dent began his address there was a
crowd numbering 40.000 pcopje within
the sound of his voice. He appeared to
be overwhelmed with pleasure at the
spontaneity of his welcome. His scat
was on an elevated dlas In a chair
which was built by the students of a
technical school- In Japan. Back of the
chair was an enormous stuffed bear,
eight feet tall, bearing in its mouth a
floral independence bell and above its
head a white dove "holding a streamer,
on which was the inscription: "Blessed
Is tho Peacemaker." The bear was
killed in a hunting expedition by Em
peror Alexander II of Russia in 1857.
according to the inscription on a bronza-f
iua.Lv ou me oase or tne mounting.
Oliver J. Semmes, son of theyConfed
erate Admiral. Raphael Semmes, then
presented to the President and pinned
upon the lapel of his coat, a handsome
souvenir badge as the gift of the "peo
ple of Mobile.
Says Canal Will Be Dug.
President Roosevelt was cheered as ho
arose to speak. He thanked the people
for their magnificent reception, and spoke
special words of greeting to the Confed
erate veterans, who formed a portion of
his escort He referred to the fact that
one of his uncles was on the Alabama
during the Civil War. Referring to the
Panama Canal, the President said he did
Ms best to bring about its completion for
the benefit of the whole people, but par
ticularly for the boneflt of the Gulf States.
Originally, he said, he favoredfhe Nica
ragua route, but, when it was demon
strated that It must be the Panama Ca
nal or nothing, he favored "the Panama
route, as he wanted to, see a canal built,
and one will be built. Notwithstanding
the efforts of certain people who aire
striving by their circulation of false ru
mors or other methods to delay or defeat
the construction of the canal, the Pres
ident said, they would be disappointed,
for there Is going to be a canal. Health
conditions on the Isthmus, he said, are
better now than ever before. The Pres
ident said:
If we build the canal, we must protect It
and police It ourselves. We must therefore
? d. kcep our Navy t0 the highest
point of efficiency. In the event of war the
American people must rely mainly upon its
volunteer soldiers. While it isV:omparatIvely
a simple act to turn a man Intfr quite a- good
soldier you can neither Improvise a battle
ship nor the -crew of a battleship. It Is not
necessary that we Should have a particularly
large Nary, but It is necessary that, ship for
ship, it should be a little- the best In the
Woe to Crooked Officials.
Now. of all things said abput me today In.
the more than kind, the overklnd. allusions
to me, perhaps, I was specially pleased by
what Colonel Russell said as to my attitude
toward crooked public servants. I will take
advice about appointing men, but. if I find
they are crooked. I do not take any advice
at all about removing them. We have scrip
tural authority for saying that o Censes
must come and the good book says "woe tt
them Through whom they come." I cannot
guarantee, and no human being can, that
there will not be an occasional man of an
Improper kind appointed, or an occasional
well-meaning man who after being appointed
goes wrong. But I can say that eVery effort
within the power of the Government will be
made to hunt such a man out of the public
service and to punish htm to the fullest ex
tent of the law.
The President concluded his speech by
referring to his pleasure at seeing the
children, the future citizens of this coun
try. "The fathers and mothers must sec
to it that the children are properly
trained; in order to keep up the standard
of clttecnshlp," he said.
President Roosevelt will spend the night
outside the City of Montgomery. His
train will be sidetracked in the country
near Montgomery, and will leave at 7
o'clock tomorrow morning for Tuskcgee,
where It Is scheduled to arrive at 8:30
A. M.
Will Speak There and at Tuskcg'Ji
MONTGOMERY. Ala., Oct. 23. Pru
dent Roosevelt's special train arrived in
Montgomery at midnight tonight over die
Louisville & Nashville Railroad from Mo
bile. The train will remain in the rail
road yards here until 7 o'clock in the
morning, when it will depart over the
"Western of Alabama for Tuskegee.
Mr. Roosevelt will deliver two addresses
at Tuskegee one to the people of tho
town, and another to the students of
Booker "Washington's school. He will
again reach Montgomery at noon tomor
row, and will j-emain in this city two
hours. Everything Is in readiness to give
the President a most hearty welcome.
He will deliver an address at the State
Given Clean Bill of Health.
MONTGOMERY. Ala., Oct. 23. W. R.
Brasscll, Secretary of the Alabama Board
of Health, boarded the special train of
President Roosevelt at Brinson, Ga., and,
upon affidavits of Surgeon General Rixey,
Issued a clean bill of health to the Pres
idential party. Mr. Roosevelt told Mr.
Brassell that he wished to conform with
all quarantine regulations.
Cheered AH Through Alabama.
At many of the little stations through
which President Roosevelt's special train
passed this morning, people wore gath
ered who cheered and waved their flags
as tho special sped by on the way to
Mobile. Here and there along the rail
road, farm houses displayed flags. At
Troy, Ala., the students of the Normal
School were grouped alongside the track
and greeted the President with cheers.
He appeared on the rear platform of . hie
car and bowed in acknowledgement.
Increase or German Trade.
BERLIN. Oot, 23.-A statement of the
foreign trade of Germany for the past
nine months, issued today, shows Imports
valued at $1,257,500,000, an Increase of $52,
000.000, and exports valued at 51.01S,50D,OOT
an increase of 583,250,000.
-The Weather.
YE-fIERDT'S-Max,mum temperature 54
aninch. mUm' 4" P"c,Ptation. O.W of
TODAY'S Occasional rain. Southerly winds.
Every railroad leading from Moscow tied up
Pages ram,n threat city?
W1inet.t0pa0Ber5! Prm,er f Cz&r ncw cab'
Loubet welcomed to Madrid. Page 5
Great naval review in Japan. Page 5.
President Roosevelt at Mobile SDeaka
canal. Navy and grafting. Pagel a
TapaKoas! CanaI bC dUS by c"ont:t-
JFS? !
Paje"? nCW atUok on lnHctmente.
LaLf 03 ln Clackamas County added to
forest reserve. Page .
NepaJe5k lawyers. unJt't support Jerome.
STrl.!rnp.r..arers Roosevelt's speech
Death of Jerry Simpson. Page 4
TTeTtSoCna5C?age '""""
wSrnonnCtr;sVheaplUn3Waih,nSt0n t0
Woman transformed Into a man.. Page
n,Pagee2WCen acUons ln orit city.
Pacific Coast.
Letter to important witness in land-fraud
cases causes excitement at Moscow. I dTho.
DStdPar JeI!n,ns8 charged with mur
der of father at Granite H11L Page 7. -
Child-wlfe escapes from drunken mob in
launch: t-lx others perish. Page 7.
J. C. Ryan must go to penitentiary for pro
moting fake footrace. Page 4.
Miss Roosevelt says presents are Inexpensive
mementoes. Page 14. o
Dead Chinese pheasant is no longer a game
biro. Page 7.
Commercial aad Martae.
Farmers not selling wheat freely, -Pago 13.
San Francisco exchange adopts Portland
grain standards. Page 15.
Speculative movement in stocks continues.
Page lo.
Chicago wheat steady on improved cables.
Page 15.
Lane hopgrowers to send selling agent East.
Page 13.
Government survey shows 24 feet of water
on bar. Page 7.
Portland aad Vicinity.
Colonel R. W. Mitchell dies In Bedford City
Va. Pago 1.
Portland makes vigorous effort to win Na
tional Educational Convention for 1000.
Page 10.
Teachers complain because salaries are not
raised. Page 10.
Southern Pacific may avoid Siskiyou grades
by building new main line by way of
Klamath Falls. Page 11.
Frank J. Boutin, Jr., of Wisconsin, buys
2300 acres of timber land for $ 125.000
Page 11.
Virgil W. Earp. well-known frontiersman.
Is dead. Page 10.
Judge Cameron announces that citizens who
can give account of themselves are not
guilty of being "out after hours"' until
saloons are closed. Page 11. .
Assistant City Attorney says minors -who
enter prohibited places will be prosecuted.
Page 16.
Stockholders of the P. N. & T. Italfrbad'vote
to transfer right of way and franchise to
Hlllsboro Board of Trade, condltionaimpon
conclusion of negotiations with E. E.
Lytic Page 8.
Makes Whirlwind Campaign
for Mayor of Greater
, New York".
Picked for Slaughter by Leaders, He
Attacks Issues Vigorously and
Revives Hope-of Repub- "r
1 1 can Victory.
NEW YORK. Oct 23.-(Special.)-For
an old man who was thought to be dead,
and who was given a nomination that
nobody else wanted. William M. Ivins,
Republican nominee for Mayor, is mak
ing a remarkable campaign. He Is fight
ing practically single-handed, but he cer
tainly is putting up a dandy battle. Noth
ing like it has been seen since Jerome
ran for District Attorney, four years ago,
and electrified the town by his 'blunt!
plain talking.
Yes, "Ivan the Terrible" Is fairly snort
ing for political blood. . He is like an old
warhorse turned out to die. But some
day a bugle is blown near his pasture,
and the warhorse gets busy for a while.
And the funny thing about it is that
nobody suspected he had it ln him. Every
Republican leader and every Republican
followewr, In the city admitted that tho
battle was utterly hopeless. The nomina
tions for Mayor and other offices went
begging and begging without result. It
actually got so bad that, one evening In
the Republican Club, Odell. Halpln and
Lauterbach got a list of the club's mem
bership and sent delegations to see a
dozen of the men whose names they found
there, but of whom ttocy knew nothing.
Any Old Candidate Would Do.
"When the convention met, Odell, In ab
solute despair, ordered tho nomination of
Hughes to be made. To prevent a decli
nation being made to the convention, only
four men wero in the secret. Even big
leaders.had .no idea as to what was com
ing until the name was sprung. Hughes
was implored, bexged and urged, to ran.
But hft, would not. It looked for a tirws
as if there would be no ticket, but finally
Halpin discovered Ivins. Just back from
Europer and .quietly reading law books in
his hermlt-Hke office on "William street.
"And God alone knows howv Halpln
heard of hltri." commented Michael J.
Dady. of Brooklyn. "I used to know
Ivins,- but I thought be was dead."
A delegation went down to William
street and met the candidate. It found
a kindly-looking, white-haired, old man.
He seemed pleased at the visit and told
the visitors he would run. Then the dele
gation filed out. two by two.ach hold
ing his hat In his hand. The whole affair
was peculiarly like a visit to tho house
of mourning to take a last look at tho
"Such a nice old man." said one or the
crowd, softly, as they passed Into the
busy street. "So mild! So refined! It
really is a shame. But. thank goodness,
our ticket is complete now."
And that was the general opinion. No
body expected Mr. Ivins to make speeches
or write letters or see voters. The com
mittee had simply been trying to 'find a
man who would not object when a nomi
nation was forced upon him. Mr. Ivins
was supposedly cast in the role of the
"Lone Fisherman" ln "Evangeline." 7
He was not called upon to say a word,
and was only expected to look as pleasant
as possible.
Ivins Surprises Them All.
But he certainly has surprised New
Yorkers, who are accustomed to many
unexpected things. Mr. Ivins consulted
nobody, but witlhn three days of his noti
fication he opened personal headquarters,
chose his campaign managers, and began
a real whirly-whlrlwlnd campaign. He
wrote letters to Hearst and McCIellan
embodying his own personal platform,
and asked them to meet him in a Joint
or three-cornered debate. Mr. Ivins de
clared, if elected, he would be Mayor him
self, and Intimated that anybody who
tried to control or boss him would have
a dizzy time of It. Ho announced that he
would assume personal responsibility for
the conduct of the police, and pledged
himself that real civil service would be
the order of the day.
"What the people want," he said, "Is a
business administration, and, if 1 am
elected. I will run things Just as I wmii
my own business. I will employ men who
will 'make good,' and. If they fall to do
so, I will throw them out. Anybody who
has Ideas to better civic conditions will
be listened to respectfully, and his plans
carried out If they are of real value. Pol
iticians who come around to work a pull
will be fired out."
Speaks Out of Ownership.
Then MrIv!ns boldly attacked the bug
aboo, municipal ownership.
"Hearst says he is for It. so does Mc
CIellan," he commonted, "but neither of
them offers any practical plan. Hearst
says 'Take the gas plants.' But- how?
Now my Idea Is, when these various gas
franchises expire, for the city to take
over the plants. Of course, for a time
the trust would be serving part of the
city and the municipality the rest Even
by condemnation proceedings we could
not take control, for the debt limit Is al
most reached. But we could do It grad
ually, conservatively and sensibly, and
that, I believe, is the way the people
want it done."
- ireClpltan
the request . for a Joint debate. -Hearst
responded by letter. He declared the peo
ple were tired of talk and wanted deeds.
All the Hearst spellbinders, who are In
charge of exTCongressman,Frank Shober,
applauded heartily. Then Shober arranged
for a mass meeting every- other second
until election day.
Hearst's" declination would have caused
an ordinary man to stbp- did not
feaze Mr. Ivins a. bit. "Wel!,nhe'n, If he
will not meet me," he said. "I'-will be
pleased to discuss the issues of the' cam
paign with Mr. Hearst by letter." and he
indited a challenged to that effect. - -lf
this offer is also turned." down, the
probabilities are that Ivins wUl request
the Municipal Ownership candidate to
participate in a-speellng bee, a schuetzen
fest, or a game of skat or pinochle. For
you really cannot tell what a hermit will
do when he Is dragged out of his cave
and thrust ln the center of the stage, with
the Umellght beating fiercely upon him. '
Mr. Ivins has made the discovery that
he is "going to be elected, and Is quite
elated at the prospect. He Is chipper and
busy day and nlshu CChe only thing that
rouses his ire is any mention of the fact
that the politicians believed 'he was dead.
He Is reported 'to have said:
Will Show Up McCIellan.
riJ show New Tork how much alive I am.
I've busted Tammany Hall's slate once be
fore and I am going to do It again. Mr.
Hearst and I are both running for ' the
Mayoralty, and the unexpected has hap
pened, for we row have McCIellan on the
Up to this time it has appeared to Tam
many Hall and to him that he had simply
to sit for It. as he would sit 'for a picture.
Instead of running for It as an active candi
date ordinarily does. It must be apparent
to Aim now that he is not going to be swept
Into office, and That he will have to defend
his administration. There Is one thing that
I like In Mr. Hearst's letter, namely, that he
puts Mr. McCIellan clearly on the defensive,
and in this Mr. Hearst's cause and mine are
very like each other. Tammany Hall is the
hereditary and incorrigible enemy.
Somehow a feeling has. been created among
e part -of the public to the effect' that Mr.
McCIellan has-given us a good administra
tion. As a matter of fact,, he has' given us
art abominable one. He' has accomplished
precisely nothing, and has permitted Tam
many Hdll to continue, as always, the me
dium for the distribution of the wealth of
the community among chosen Individuals.
Mr. McCIellan will certainly make a num
ber of speeches, for he has. a lot to talk
about, having a lot to explain. And even
though we do not talk from the same plat
form, he cannot-escape debate, and I think
that when we get down to discussing In de
tail the administration of the several de
partments andhls relation to that adminis
tration, thoughtful people will .find so-net
thing Illuminating In the controversy. I in
tend during the -.campaign to make the ad
ministration of each of the greet city de
partment under Mr. Murphy's appointees tbt
subject of Vpeclal analysis and revelation,
and If this be not a campaign education, it
won't be my fault.
Enthuses -Disconsolate Leaders.
The regular Republican leaders sit in
the organization headquarters, and sur-,
prisedly discuss the activity of the sup
posedly moribund candidate. They had
not planned a campaign, but 'one Is In
progress, and Ivins Is stirring up the
enemy all along the line. He writes let
tors, makes speeches, praises Jerome,
who was turned down by "the organiza
tion," and Is busy as a bee from morning
to night.
The devotee of admiralty law Is proving
to be a wonderful campaigner, and the
shrewdest kind of a campaigner, and Re
publicans who wore tired, disgusted and
heartsick are beginning to sit up and
show signs of enthusiasm.
"It would be the greatest Joke on rec
ord if ho were elected." said one district
leader today. "I know scores of Repub
licans who had planned to go over to
McCIellan, but are now shouting for Ivins.
If the Hearst vote Is anywhere near as
big as It seems to be, Ivins may slip in
and be Mayor of Greater New York."
(Concluded- on page' 3.0
WilMsm M. Trim.
R. W. Mitchell. - Bill Nye.
The abovo photograph was- taken jn Portland by McAIpln & Lamb on the
occasion of one of Bill Nye'atvWts to Portland.' Colonel "Mitchell and Bill -Nye
were lifelong friends and each' enjoyed the other's nimble wit.
Life": of Well-Known - Oregon
' Man Ends 'at Bedford .
. City,':Virginia.-
During His Long and Varied Career,
He'HcUl Many Important Po
sitions of Trust Won Rec
ognition as Humorist.
BEDFORD CITY. Va., Oct- 23. (Spe
cial) Robert W. Mitchell died of cancer
of the stomach here at 7:30 P. M. today.
Mrs. Mitchell has been with her husband
for some weeka. The remains will rest
In "Washington Creamatoryt Washington,
D. C. ,
The. news that Robert Mitchell, or
"Bob" Mitchell, as he was familiarly
known. Is no more, will, bring regret to a
large circle of friends In all parts of Ore
gon. He was one of the most widely
known figures In he State.
That he was soon to be gathered In by
the grim reaper has been known by close
lr lends for a month past. His health has
been falling for a year. A year ago he
went to the Elks' National. Home, hop
ing the change would prove beneficial.
Three weeks -ago Mrs. Mitchell received
word that his condition had taken a turn
for the worse and that he could hardly
be expected to survive. She hastened to
his sick bed at once and ministered to
him until his death.
Mr. Mitchell came to Oregon In 1SS0 In
the service of the United States Interior
Department and at once settled here. He
was variously land commissioner of the
Oregon Improvement Company, chief
clerk of the Northern Pafcine land de
partment, land agent of the Willamette
Valley and Cascade Mountains Military
Wagonroad. Adjutant-General of the state
militia, manager of the Portland Indus
trial Exposition and newspaper humorist.
During the past few years and up to
the time his health failed him he looked
after the Interests of the Willamette Val
ley and Cascade Mountains road. He
was a member of the George Wright
Post. G. A. R.. and of the B. P. O. E.
The blgraphy of Col- Mitchell Is by no
mepHs an ordinary one but shows a life
of wide variety. He was born at Schen
cctady..N. y.. In August 145. His edu
cation completed he entered an archi
tect's office jn 1S52 to learn architectural
drawing. A year later he enlisted In the
Eighteenth New. York Cavalry and wat
assigned to service in the Department of
the Gulf. He attained the rank of Acting-Sergeant.
Taken Prisoner in Civil War.
During September of 6i he was de
tached from his regiment and detailed to
the Department of North Carolina. His
new station was at Hart's Island. N". Y.,
and It afforded him frequent trips to the
front. While at the front he was ln
several minor engagements and on the
night of February 14. '63 was taken pris
oner by a detachment of Hood's men.
After three nights in custody he effected
his escane and made his way back to the
Union lines. The following May he was
mustered out at the expiration of his
term of service- Returning to Albany. N.
Y.. he worked as bookkeeper for a per
iod of four years and then received his
first appointment with the Government
as stenographer to the Chief Clerk of
the Treasury Department at Washington,
D. C. While thus engaged h was dele
gated to the responsible trust of deliver
ing Into the hands of a London banking
firm the sum of $5,000,000, In United States
Government bonds. In 1ST0 he was ap
pointed stenographer to the Court of
Commlsjluners of the Alabama Claim and
upon Its dissolution by law, five years
later, he was appointed private secre
tary to Carl Schurz. Secretary of the In
terior. "While serving In this capacity It
Is recorded that he was frequently sent
to New York with amounts ranging from
ll.CCO.OOO to J2.000.000 In Government bonds.
After three years in this service he re
ceived an appointment In 1878 as special
agent of the Interior Department. He
was assigned to the duty of Inspecting
the different land offices 6n the Hicltlc
Coast, accompanying the commissioner
of the general land -office.
Investigates Land Frauds.
While engaged in this work he be
came attracted by mining In Arizona
and resigned his position to search for
mineral wealth. This venture failed.
He then secured, in the Fall of '79. an
appointment as reporter of the Arizona
Supreme Court. The appointment wa3
made by the Governor. John C Fre
mont. He only held this position long
enoughto learn that all provision for
his salary had been neglected by the
Legislature. He then secured reap-
polntment to service with the Interior j
Department and Investigated many re- j
ports of frauds. Including the noted
v-aiuornia survey frauds ana megai
transactions In the Indian - service of
Arizona and California.
A year after his arrival in Oregon
ln 1SS0 In the same service he received
his appointment from Henry
Land Commissioner of the Oregon Im
provement Company, which controlled
a vast acreage In Eastern Washington.
In '82 he received the appointment as
chief clerk of the Northern Pacific Land
Department. In 'S7 he went Into the
service of Lazard. Freres as land agent
for the Willamette Valley and Cas
cade Mountain Military Wagon Road.
In this capacity he managed the ex
amination and appraisal of over
5.000.000 acres of land. As to his con
nection with the state militia he was
appointed by Governor Pennoyer in
'80. Assistant Adjutant-General. In '91
he was made Adjutant-General. In
January of the same year he was elect
ed manager of the Portland Industrial
Exposition and the folowlng year was
unanimously re-elected to fill the same
position. During, the later years of
his life he had attended to the in
terests of the Willamette Valley and
Cascade Mountain Road and contribut
ed humorous writings to the press,
which have attracted cousidernble no
tice. As to his private life, he was mar
ried in '78 to Miss Anna G. Elliott, at
Greenville. Miss. He has four children:
Orrel J.. Robert C, Walter and Elliott
Maxwell. Of these the latter now re
sides In Portland at the family resi
dence, 706 Everett street.
His Genial Personality.
An intimate friend contributes the
following estimate of his career:
"He was a very witty man. but kindly
disposed and never unpleasantly personal
in his sallies. As a diversion, he frequent
ly contributed to the press over the sig
nature 'Rabelais articles that punc
tured frauds ln public life and satirized
pretenders. While he was secretary to
Carl Schurz he came Into contact with
many prominent men In Washington, and
he delighted to entertain hearers with
reminiscences of them." His was a re
tentive memory- About a year ago, af
ter he became an Invalid, he wrote for
The Sunday Oregonlan a notable article
giving the inside facts of Andrew John
son's disgrace on Inauguration day. when
the Tennessean drank more whisky than
he could stand up under. Whether seri
ous with" his pen or humorous merely,
Mr. Mitchell wrote with care, had a cer
tain grace that was always attractive,
and put things together with decided
literary skill.
"He had executlvo talent of no mean
degree. For three years he was the su
perintendent of the expositions held In the
old building at Nineteenth and Washing
ton streets, and under his management
they were the most successful ever held
there. He was popular with men In all
conditions of life, except grafters, arid
he was faithful to every trust. He will
be remembered with affectionate regard
by many Portlanders."
Kail road President Comments on
Iloo6evelts Speech and Talks
of Squnre Deal for Roads.
WASHINGTON. Oct. 23. Samuel
Spencer, president of the Southern
Railroad, made a brief stop in Wash
ington tonight. In expressing his views
on President Roosevelt's speech on
railroad rate legislation at Raleigh, N
C, Mr. Spencer said:
The President's speech indicates that h
Is not disposed now to insist that the power
over ratea which he favors should be exer
cised by the Interstate Commerce Commis
sion, but "by an administrative body.' Again
In the Raleigh speech the President advo
cates that the administrative body shall
have power after complaint and hearing1 to
fix "only a maximum rate." not an absolute
rate unalterable thereafter by the carrier,
as provided for in the Eseh-Townsend bill.
This apparently follows the opinion of the
Attorney-General of May .", In which It is
held that Congress could constitutionally
empower a commission to fix "maximum
rates" which It regards as Just and reason
able. The difference between these two positions
Is vital. To fix absolute rates unalterable by
tiie carrier In many cases Is to determine
definitely and arbitrarily by Government tri
bunal the relative advantages of competing
cities or regions. To prescribe maximum
rates only leaves the carriers free to make
reductions, and may, and generally will, re
sult ln adjustments which will bring down
whole tiers of rates, leaving the relation of
rates as they were and entailing enormous
losses to the railways.
The speech at Raleigh Indicates also that
the President fa-ors giving to the railroads
more leeway than he formerly suggested, by
not having the rate .take effect immediately,
but in some reasonable time. A reasonable
time for a rate may mean time for a review
of It by Judicial and not administrative
authority of the property rights Involved.
The Esch-Townsend bill, as passed by the
House of Representatives last Winter, would
not only pave subjected the roads to punish
ment before Judicial conviction, but the char
acter of judicial review proposed was such
that they would not hare had the benefit of
equitable trial even after conviction, for the
courts would have been precluded from con
sidering the reasonableness of the rate com
plained of. and the rate ordered by the com
mission would have been set aside only If it
should be found to be confiscatory. It Is
Important, therefore. If legislation Is to be
enacted that will Insure to the roads a
"square deal." that the opportunity for a
prompt and effective review of the whole
case by the courts should be provided, for.
Interstate Commission Hears Com
plaint Against Railroad.
CLEVELAND, Oct. 23. Commissioners
Prouty and Fifer, of the Interstate Com
merce Commission began a hearing here
today ln connection with the complaint
of unjust discrimination In rates filed by
W. E. Wall, president of the Fred G.
Clark Oil Company, against the New
York, New Haven & Hartford Railroad
Company. Tire complaint alleges that It
Is Impossible for the oil company to se
cure through. rates to New England points
on any products which come Into competi
tion with the Standard Oil Company.
The contention of the' railroad com
pany is that It could ont grant rates be
cause of the combustible nature of the
oil company's products.
America Great Gas Producer.
WASHINGTON, Oct. 23. An Important
report shortly will be Issued by the
United States - Geological Survey bn nat
ural gas and Its production and 'consump
tion. It will show that In 1904 the United
States produced 03 per cent of the world's
known output of- gas, the value being $&,
435,760. Four states Pennsylvania, West
Virginia. Indiana and Ohio produced 93.5
per cent of the output in the United
States. Pennsylvania leading with 47 per
cent of the whole amount.
Culver's Letter to Prominent
Witness in Land-Fraud
Case a Bombshell.. ,
Son and Friends of Levviston Attor
ncy Who Started Government
Investigation Are Alleged
to Be Involved. '
It is estimated that 30 indictments,
including all classes of people, will be
returned by the Federal grand Jury in
session at Moscow. Idaho. In addition
to those already returned.
It Is currently reported that Senator
W. B. Heyburn will be among the In
dicted. The rumor Is of apparent re
liability and to the effect that the
Senator represented litigants before
the Land department at Washington,
his clients being those of a well
known Lewlston attorney and that he
accepted fees for sJeh employment.
MOSCOW. Idaho. Oct. 23.-(SpccIal.)-Latest
developments In the land fraud
cases that are to come before the Fed
eral Court, which convened In this city
today are bringing into prominence the
name of Frederick D. Culver. Culver is a
well-known Lewlston attorney. He Is
said to have filed the original charges
against the defendants and .known to
have taken a very active part in unearth
ing the land frauds.
Rumors of an apparently reliable source
have It that there has been more or less
Irregularity in land 'transactions by the
friends of Culver and also his son. It
Is asserted that E. N. Brown, representa
tive here of the Clearwater Lumber
Company and one of the principal wit
nesses for Koste'r and Kettonbach. two
of. the defendants In the present trials,
has. some knowledge of this fact, and'
for this reason Culver Is now trying to
persuade h!in to leave Idaho.
r Advised to Leave Idaho.
A sensation was sprung today when a
letter, which tended to substantiate this
rumor, was made public by Brown, to
whom it had been written by Culver. The
letter follows:
Frederick D. Culver, Attorney and Coun
"Zr' U,te 2rt' Adara" BIo. Lewlton
Idaho October 23. lPOS.-CConndentiaU-M;
?J BJ?n'l JeKret very much- "ce of
good advice I have given you. to hear ami
observe that you still "hobnob." etc with
the "gang" here. Now, Xat, I have alwavs
been a good friend of yours, and. although
you may not appreciate It. I have saved you
a heap of trouble to date, but If you Ignore
me and continue your present attitude and It
results disastrously to yourself and friends,
remember It Is your own "funeral" and not
mine. Jand that you have only Brown to
blame. Remember now that It 1 nothing to
me personally more than the good will that
I bear you and your people that I write this
letter, and. of course, you are at liberty to
act as you see fit.
In my opinion this Is a good time to take
that trip back to Michigan while business Is
slacked, .letting It be publicly known, how
ever, where you have gone. Sincerely yours,
Fight or Fnctionlsts.
Anpther theory given to explain Cul
ver's reasons for wishing Brown to Ieava
tho state Is that Culver . Is anxious to
weaken the defense of Kester and Ket
tenbach In the present trials. These two
men represent the dominant political fac
tion at Lewlston and In Nez Perces Coun
ty, and defeated at the polls last election
a faction known as the Johnson-Thompson
Miles S. Johnson, the present Deputy
United States Attorney, Is tho leader of
the latter faction, and prior to and espe
cially subsequent to his appointment this
Summer, a bitter feeling has existed be
tween the two wings of the party. The
defendants contend that the charges for
which they are indicted have their origin
in this faction: that Culver is a part of
It, and that the whole proceedings are
brought with a view of destroying them
as political factors In the state.
The day In the Federal Court was taken
up with the hearing of motions, setting
of cases and general preliminary matters.
Both a grand and trial Jury have been
summoned. The former has been directed
to report tomorrow and the latter
Caution or the Government.
Tho Government is pursuing the same
cautious methods employed from the In
ception of the Investigation, and an ef
fort to secure the names of the jurors
and any other Important matter pertain
ing to the trials proved fruitless.
The principal defendants in the land
fraud cases George H. Ke3ter.-William
F, Kettenbach. William Dwyer. Jackson
O'Keefe and Ivan Cornell are on hand.
No announcement ha3 been made as to
the course of procedure, but the prosecu
tion is confidently expecting pleas In
abatement, raising of the question of the
legality of the grand Jury, and all pos
sible dilatory pleas and motions.
No announcement has been made by
the defendants. They are keeping their
own counsel, and seem confident o,f a fa
vorable outcome. '
Dwyer Denies a Rumor.
When United States Attorney Rulck
was asked tonight if the report was true
that William Dwyer, of Lewlston, had
offered to turn state's evidence, he said:
"I will not confirm or deny that report.
I have nothing to say relative to these
cases out of court."
Mr. Dwyer Indignantly denied the re
port. The town Is full of strangers, and It Is
(Concluded on page 3.)