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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Dec. 21, 1906)
VOL. XLVI.-NO. 14,364. PORTLAND, OREGON, -FRIDAY, DECEMBER 21, 1906. PRICE FIVE CENTS. CAR SHORTAGE IS PUZZUNG PROBLEM Prosperity Is One of the Main Causes. SMALL SHIPPERS FACE RUIN Enormous New Equipment Is Bought by Big Roads. PRESIDENT IS INTERESTED Testimony Taken Down In Short hand Is Read Into Phonographs, and th Records Immediately Forwarded to White House. CHICAGO. Dec. 3D. (Special.) The ruin which the small shipper faces, the Injury which the big: shipper Is suffering on account of car shortage, and the ef forts the railroads arc making to meet phenomenal traffic conditions and profit hy the wealth of revenue that is being: offered them were brought out in sharp contrast today before the Interstate Com merce Commission meeting In Chicago. The hearing relative to car shortage and its causes and possible remedies is being conducted by Commissioners Lane and Harlan. Witness after witness testified to con ditions which are now pretty generally known, and railway men who have at tained mora than National reputations as railroad operating men frankly admitted they were unable to suggest an adequate remedy. On the one hand, the shipper, who Is suffering Injury, If not being ruined, and the industries which are being crippled were shown, while in contrast with this picture was revealed the great railway systems of the country, which had been rebuilt in the last five years at unheard-of cost, and which had ordered equipment and power with a lavishness almost passing belief. So pqzllng has become the situation to shippers, to railroad men and to the commisison alike that Commissioner Harlan declared it almost seemed that the country is souring from Indigestion caused by too great prosperity. Phonograph Records for President. It developed during the day from tele grams received by the Commission that the car fafnineJn the Northwest was at last being broken, and that relief was in sight for the suffering of that section. It also came to light that President Koose velt Is so anxious to get at the solution of the traffic problem that he has ordered the evidence which is being taken sent to him immediately. As a result of this request stenogra phers are taking the evidence in relays, and are then rapidly talking it Into pho nographs., Records bearing the Impres sions are rapidly being sent to 'Washing ton. This novel method places In the hands of the President the testimony within 24 hours after it Is given in the courtroom. Almost by the time a "wit ness has concluded his evidence It has been recorded on the machine, and is on Its way to the capital.' The Commission also held a night session in the interest of haste. The railroad men who testified today admitted they were at fault for the car shortage, but insisted that only half the blame was on their shoulders. The ship pers were made . to carry their share of responsibility, without any apparent ef fort on the part of the railroads to be relieved of responsibility themselves. The causes which have led to a car shortage were summarized about as follows: ' Causes of Car Shortage. An unprecedented growth in the business of the country, including an increase of Jsoo.OOO.OOO in the valuation of the farm products for the year. Car thieving on the part of smaller rail roads, which have only sufficient equipment of their own to take care of traffic during the slack months or during normal periods. , Inadequate storage facilities possessed by all kinds of Industries, making it necessary for the railroads to take the output of In dustries at the close of each day. Concentration of trarric of all kinds, espe rially those of the farm, into a small space of time. Privileges granted to shippers in the use tf care and as the result of competition, rauslng detention of cars at terminals and l email average dally movement of freight cars. ; Poor business methods In the consignment of cars, many of which are handled several times, owing to the fact that they are not billed to their ultimata owner or destina tion. Remedies for Present Erlls. Some of the partial remedies that were suggested by either the shippers or the railroads were: Universal pooling or Interchange fit rrelght cars by all railroads with the aid f a National clearing-house. A reciprocal demurrage bill, penalising a railroad either for not furnishing cars or for delayed delivery, or both, as well as a penalty on the shipper for Improper deten tion of cars. A discontinuance of car-detention prlvl-' leges granted tha shippers and existing for years whereby car movement has been ma terially retarded. Increase in the penalty or per diem for de tention or tha diversion of freight cars. CONDITIONS WORSE IX SOUTH Testimony Introduced in Hearing of the Interstate Commission. CHICAGO, Dec. 20. Commissioners Harlan and Lane, of the Interstate Commerce Commission, today continued the Investigation Into the shortage of cars on railroads which was begun In Minneapolis two weeks ago. The first witness was W. J. Blddle, vice-president of the Chicago. Rock Is land & Pacific ' Railroad. He declared that conditions in the South are worse than those In the North. This was caused, he sajd, by the Inadequate ter minal facilities in the South. - E. W. McKenna, vice-president of the Mil waukee Road, corroborated this state ment. At the afternoon session Julius Kruttschnltt, director of maintenance and operation for the Union Pacific, and other Harrlman lines, said: "The sudden destruction of terminal and warehouse facilities at San Fran cisco caused a blockade that tied up 6600 cars a greater part of the Summer. We are Just recovering, from the effect of this." He said that the special com- mittee appointed by the American Rail way Association to take up the car shortage question had been unable to decide on a satisfactory plan. RATES WILL ALL COME DOWN Prouty Predicts Wide Effect of Rate Law. KANSAS CITY, Mo., Dec. 20. C. A. Prouty, of Vermont, member of the In terstate Commerce Commission, who ar rived here this morning from St. Louis to continue the car shortage hearing, said today In an interview In speaking of the so-called rate law: "I have no doubt that eventually all slates east of the Mississippi and north of the Ohio will be on a 2-cent basis, and by eventually I mean, of course, within a reasonable time for such legis lation to be enacted if legislation shall be required, which I doubt. All these things are and will be due to the agitation for the passage of the rate law. No man can tell what the final effect of the rate law may be until it has been worked out in the courts." Mr. Prouty continued: "The most important effect of the law has been the reducing of passenger rates east of Pittsburg and north of the Ohio River and in other communities. These reductions have been widespread not in the West, I admit, hut east of Pittsburg and north of the' Ohio people are riding for 2 cents a mile. The Commission has made no orders and expressed no opinions to account for this change. The carriers have tacitly admitted that their rates were too high." Mr. Prouty, recurring to the reduction of passenger rates, said there had been some reductions In freight rates also, as well as a few advances. "While this amounts to a reduction In the published tariff." he said, "it amounts also to largely Increased revenues for the railroads. It must be clear that if they cut off all free transportation, the railroads can afford to reduce passenger and freight rates." Mr. Prouty said that whatever might be the fate of the law finally, the people would control the business of rate mak ing, all shippers would pay the same rates, the square deal would apply, busi ness would be on a cash basis, men would pay for riding and the railroad would pay for services in their Interests. "The Standard Oil Company," Mr. Prouty said, "maintains a press bureau, buys space in newspapers of a certain class, publishes what it wants to, and the reading public, or a part of it, be lieves what It reads That stuff should be signed 'Standard Oil Company.' But. notwttlit3nrtlnK that preevs bureau, the standard Oil Company is at bay. and the public Is getting an accounting." MNE DATS TO VXLOAD A CAR President Stlckney Says Shippers Are Largely to Blame for Shortage. "WASHINGTON. Dec. 20. President A. B. Stickney, of the Chicago Great West ern road, has submitted some Interesting facts to the Interstate Commerce Commis sion bearing on the distance traveled and the time consumed in hauling and in load ing and unloading freights-cars, which he regards of importance in connection with anv legislation which. may he considered regarding the car shortage question. In arriving at his conclusion Mr. Stlckney bases his estimates on the entire freight car capacity of the country. These are as follows: "The average distance each loaded freight-car Is hauled 250 mllee. "The average time consumed by rail ways in hauling Is one day 24 hours. "The average time consumed by ship pers and consignees in loading and un loading each car is nine days 216 hours." Mr. Stlckney then makes the following comment: "If the law. or any other power can compel shippers to load and unload each average car In 4i dys. It would be equivalent to doubling instantaneously the effectiveness of the freight equipment of the railways. In effect adding to such equipment 1.700,000 cars withqut cost to the railways and without Increasing their capitalization, while to purchase that number of new cars would cost fhe rail ways and add to their capitalization the enormous sum of Jl.360,000,000, which, at 4 per cent, would add to their annual charges J54,400,000 to be collected from the people. "The movement ot freight-cars from point to point, which is the function of the railway, and the loading and unload ing, which is the duty of the shippers, are Inseparable. Bach must wait on the other. As long as shippers consume nine days in loading and unloading each car, trans portation would be delayed." LIFE HAXGS OX THE AVEATHER Railroads Hurry Coal Into North western Villages. MINNEAPOLIS, Dec. 20. Upon the mere freakish whim of the weather de pends human comfort in Northwestern villages which have been feeling the men ace of a fuel famine. Where report of tardy arrivals ;of coal and of hope for relief are coming in today, tomorrow may renew the menace If blizzards set in. Meanwhile the railroads are bending every effort to rush coal into the imperiled dis tricts. In the main conditions seem better. Though there is still great difficulty in getting cars, shippers are inclined to credit the transportation companies with willingness to aid. Not enough cars are available to satisfy the demands, but load ed cars are moving without delay. It is believed, too. that there is a considerable amount of fuel in transit. ' Relief from one source is afforded by recent arrivals of Illinois coal. Much of it is being reshipped in the same cars and hurried into the Northwest. More of this coal is expected, and as long as the North western roads can make prompt returns of the empties further help from this source may be expected. Falling temperatures are reported from most of the towns In the Northwest, but no soib-zero weather. Coal Train on Passenger Time. SUPERIOR. Wis.. Dec. 20. The Great Northern road today is making up a train of SO cars loaded with coal to sup ply Immediate wants In Grand FVirks, NV D. The train will be run on passenger time. SAYS PRESIDENT EXCEEDED POWER Foraker Champions Discharged Troops. ENTITLED TO COURT-MARTIAL Ohio Senator Demands ; New Inquiry by Senate.' ROOSEVELT IMPOSED UPON Quotes Articles of War'Agalnst Sum mary Dismissal Disputes .State ment That Guilt. Is Proved by Eye-Witnesses. r WASHINGTON. Dec. 20. Senator' For aker occupied the attention of the Sen ate in its last session before the holiday recess today in an extended criticism of the basis of thePresident's action in dis charging the negro troops of the Twenty fifth Infantry on account of the Browns ville raid. He was replied to briefly by Lodge, while Scott sustained the demand of the Ohio Senator for a full investiga tion of the matter by the Senate military committee. A resolution declaring for such an investigation is before the Senate for action at its next meeting. Immediately after thfc Senate convened today Senator Foraker's resolution look ing to an investigation by the Senate of the President's discharge of the . three negro companies was taken up. Foraker began with the b,road declaration "that the President misconceived his constitu tional powers when he discharged the troops, and he also misconceived the testi mony on which his action was based." Foraker said that the President's constitutional power was simply to com mand the Army and Navy as Commander-in-Chief, while to Congress the Constitu tion gave power .to raise armies and to make rules and regulations for its govern. Went , '; Should Have Tried Soldiers. ! The regulations prescribed that no man could be summarily discharged without a right to be tried, and the articles, of war, he agued, prescribed ' minutely how these trials are to be conducted: that all punishments should be in accordance with the directions of courts-martial. He contended, after reading at length from the articles of war, ihat it was incon ceivable that the President should . be absolutely without restraint. The President, he said, stated In his message that these soldiers were guilty of mutiny and had been discharged for that reason. He followed this with the article of war providing that a court-rmr-tlal should direct this punishment. This was all to guard against the exercise of an autocratic power.. Congress, to pro vide against excessive . punishment, had limited the penalties. Foraker cited cases from 'the work of General Davis on military law, where refusal, to give testimony was an of fense under the head of "disorder." and was punishable by court-martial. Taking up the individual records of the soldiers. Foraker said (lie first man I WONDER on the list was a Sergeant who had served 26 years. ' Each time his enlist ment had expired his record was good, and was characterized as "excellent," "good soldier," "character excellent,'' ' Crime Against Innocent. "Why, Mr. President." -declared For alser, with great vehemence, "an atro cious crime has been committed if that man is not guilty. He goes forth branded as a murderer." , Foraker held that the case does not present an open question, but that the authorities gave Instances of cases along similar lines, in all of which justice had been administered after courts-martial. He continued: Congress has always been careful . to pro vide that no man found guilty, of an offense should- be punished otherwise than as Con gress might direct. The President says this la the most atrocious crime ever com mitted, if these men committed tha crime and did shoot up Brownsville, I agree with him. - But what I want to. call attention to Is. that the President has misconstrued the evidence by his exeeutlve power. The Pres- i -:v ' . :! r 'V' f V Senator J. B. Foraker, Who ay Discharge of Brownsville Kloters Was Unconstitutional. ident says the guilt of these men has been established by the testimony of scores of eyewitnesses, as -shown by the report of Major Blocknora. I have counted the wit nesses In that report and there axe 21. 'Not All Eye-AYitnesses. Foraker then read extracts from the testimony, eliminating as "eye-witnesses" those who said they had not seen the shooters, until he reduced the number of actual eye-witnesses to eight. As to these, he remarked that their testimony was utterly unsatisfac tory and insufficient. Replying to a question from Knox as to whether there was no evidence ex cept that furnished in, the Blocksom report. Foraker ld he bad bon un able to discover any other, and in this he, believed the President had been misled. "Should the military committee be given authority to examine witnesses," Mr. Foraker continued, "I know that I can got some testimony that will throw additional light on this matter." Mr. Foraker repeated that he believed that the President had been imposed upon. "But," he added, "I believe he is a big enough man and a just enough man to undo what he has done when he finds out the true situation." When he concluded, he gave notice that he would modify his resolution re garding an investigation so as to make it mandatory on the military committee. This resolution will be called up after the holidays. . Ixdge Awaits Inquiry. Coming to the defense of the Presi dent, Iiodge remarked that he was not one of those who, on approaching a new subject, made up his mind in advance. He preferred to 'reach his conclusion (Concluded on Page 3.) IF THERE REALLY IS A SANTA CLAUS ?" Ml ITER LAW IS RECOMME Land Board Opposed to the Carey Act. - RADICAL ACTION PROPOSED Recommendations "in Report on Oregon Arid Lands. NEED FOR SWIFT ACTION It In Declared That Practically No further Keclamatlon Projects Can Be Continued Under the Present Conditions. RECOMMENDED BY BOARD. Water right legislation recommended by State Land Board: Repeal. of law accepting termi of Carey Act and enactment of new law In It atead. t Tfcat when settlers have paid off the f lien of a construction company they shall own the Irrigation wywt-rn. That existing water rights be deter f mined. SThat the State Knglneer and Attorney-General be made members of the board having charge of proceedings ! under the reclamation law. That the board have power to make rules and regulations and declare for- felt urea of contracts. SALEM, Or., Dec. 20. (Special.) That tho Oregon law accepting: the terms of the Carey Act be entirely repealed and a new law based upon recommendations submitted by the board, is the radical action asked by th .state land board, in its biennial report of transactions in desert lands. The board also advises that a law should be enacted for the de termination of existing water rights and commends to the careful consideration of the Legislature a bill that has been pre pared by a committee appointed by the Portland Board of Trade. In this connection the state land board expresses the ' opinion that state right legislation will be as Important a sub ject as will come before the Legislature at Ihe session this Winter. The board sums up its recommendations as follows: First Amend present law or repeal it and enact a new one so It will provide that when contracting companies have received from settlers the amount of their Hen, the irrigation works will become the property of the settlers and be turned over to them, and providing that contracting companies, when making applications for contract, shall pay to the state 25 cents per acre on the land on which they desire contract, to con stitute a reclamation fund from which the state shall pay all expense of engineering examination and inspection and such othr expenses as shall be necessary to see that the law and contracts are carled out ac cording to specifications, etc., and further providing a form of contract which shall contain complete plans and specifications for construction of the entire irrigation sys tem, with estimated cost, etc., and that no land shall be sold by the construction com pany "until the land has been reclaimed and patent applied for, and that rules for the distribution of water shall be submitted and adopted by the board before contract la en tered into. Second Create a new board by adding to the present board the Attorney-General and N D ED the State Engineer, the latter officer to act as secretary of the board and have charge of all records, papers, documents and cor respondence connected with the administra tion of the law governing this matter. This board should have tha authority to make such contracts, rules and regulations as will best carry out the object of the law In se curing the reclamation of the land and In cur such expense as may be necessary In employing p.ll necessary assistance, etc. Third Sufficient appropriation should be made to enable the board to see that exist ing contracts are carried out according to law and for the expense of the office of the Desert Land Board, until such time as funds come in through deposit of companies or persms applying; for new contracts. Fourth In case of failure of construction companies to comply with the provisions of law, the contract and specifications, a more specific method of forfeiture should be provided than is provided in the present law. XeetTs of Legislation. 6 peaking In a general way of the need of legislation, the board says: In former reports the board has called the attention of the Legislature to the im perfections and Inadequacy of the present law governing the reclamation of desert lands, under which .all existing contracts have been made, and recommending addi tional legislation on this subject, also on ,the subject of water , rights generally. Jix perlence has shown that the present law Should be entirely repealed and a new law enacted based upon the recommendations herein contained, or that It be so amended as to accomplish the same result. Expert ence ban also shown that it Is absolutely necessary in order that irrigation projects already begun -may be successfully carried out and new ones commenced, that a law be enacted providing for the determination of all water rights on tho streams of the state and that someone be clothed with au thority to see that they are respected. The basis of all reclamation and hydrau lic works is the amount and the ownership of the necessary water supply. So long, therefore, as the amount and ownership of the surplus water in the streams of this state Is undetermined, so long will its de velopment bo retarded through the use of water. Costly and apparently unending lit igation over present water rights will great ly impair the value of present constructed works. We submit that diversified agricul ture over practically three-fourths tho till able area of this state is dependent upon irrigation and that the highest development of the Willamette Valley is now considered to be impossible without its aid . . . The Commission, appointed by the board under Senate Concurrent Resolution No. 3't, session of 1l03, reported a complete code of water laws to the Legislature of 300."i, which, after having a large portion elim inated and other points amended, so that but little of It remained, was passed, and became a law. This law, as passed, pro vided for the appointment by the Governor of a State Engineer, to be recommended by the Director of the United States Geolog ical Survey. John H. Lewis, of Portland, was recommended and appointed and his knowledge of irrigation matters has made him a valuable advisor of the board, and It Is to be regretted that the law accepting the Carey grant did not provide for the appointment of a State Engineer, as It would have saved a vast amount of con troversy and trouble and some mistakes. This Commission, so far as we are ad vised, did not prepare any bill or amend ments to the present law relative to the reclamation of desert lands under the Carey act, or make any recommendations relative thereto. Reclamation Projects Must Wait. The Importance which the Board at taches to legislation for the determina tion of water rights is Indicated by the statement that few, if any, more reclamation projects can be undertaken In this state until some law, such as that referred to, has been enacted. Of the projects now under way the re port says: No new applications for segregations and Vntracts have been made sine last report. Of those then pending, three have been ap proved by tho Secretary of the Interior, and the contract between the ITnited State and the state signed by him and the President, viz.: Oregon Development Company, con taining 31,082.21 acres; Oregon Irrigation Company, containing rrt, 006.8ft acres, Des chutes Irrigation & Power Company, con taining 74.19S.02. Of the others still pending before the In terior Department only three or four of the companies seem to be making any effort to have their applications acted upon. From th-e foregoing and the fact that tho Secre tary of the Interior now requires that the State Engineer examine and certify to the available supply of water for the project before he signs tho agreement with the state fwhtc'n the engineer is unable to do on account of having no way by which- he can determine; the water rights on a stream so as to know whether or not tho .entire flow of the stream has already ben appropriat ed). It seems probable that but few if any more reclamation projects can be under taken In this state until some law is enacted providing for the determination of all water rights on streams from which water is to be taken. The state as yet has not entered Into con tract with tho last three companies whose projects have been approved by the Secre tary of the ilntcrlor for the reclamation, of this land, partially on account of the un determined water rights, there being jiome uncertainty about the sufficiency if ' the available water supply for all of them, as the source of all three is the same, being the De.chtite River, and the further rea son that it is deemed advisable to change (Concluded on Page 5.) CONTENTS TODAY'S PAPER The Weather. YESTERDAY'S Maximum temperature, 54 dagrees; minimum, 53. TODAY'S Rain, southerly winds Foreign. Pope sends 'protest to delegates against French church policy. Page 3. British education bill finally killed. Page 5. Crater of Vesuvius collapses and causes panic. Page 5. , National. Senator Foraker denounces discharge of Brownsville rioters. Pnge L San Francisco School Board accuses Roose velt of meddling and misrepresentation in Japanese question. Page 1. Report of Isthmian Canal Commission. Page 4. Great increase In postal business. Page 8. President secures quick action to stop Col orado Kiver flood. Page 7. Domestic. Railroad men' 'and shippers attribute car shortage to excessive prosperity. Page 1. Patrick's sentence commuted, but he insists on pardon. Tago 4. Four rich Nebraskans convicted , of land frauds. Page 3. New York railroad mn insist on ultimatum with threat of strike. Page 5. Parillo Coast. Oregon Land Board recommends a new law on water rights. Page 1. Will H. Thompson tells the jury that he was nearly insane for two years. Page 6. Crater Lake railroad to be finished and equipped by Boise capitalists. Page 6. Many Oregon girls anxious to go with . McMlnnviile party. Page 6. Miner Hicks will probably be taken from - living tomb this morning. Page 1. Commercial and Marine. Oregon wool selling well la Eastern mar kets. Page 17.' Government's final estimate of leading crops. Page 17. Selling pressure in stock market ceases. Page 17. Northern steamship lines cut freight rates to Orient. Page 16. . Portland and Vicinity. Stretcar strikers allow union men living In suburbs to use cars; general organizer addresses strikers' meeting. Page 12. W. L. Finley appointed National lecturer of Audubon Association. Page 11. Musicians backing new saloon music ordi nance barring women. Page 10. Switchmen's demand for wage Increase granted. Page 10. Expert Accountant Black refuses to testify before Council committee. Page 10. Sheriff Stevens to make fight before Legis lature for custody and feeding of county prisoners. Page 13. HITS BACK HARD AT San Francisco. School Board on Japanese. CALLS ROOSEVELT MEDDLER False Assumption About Pure - ly Local Affair. GIVES METCALF A SLAP Reply to Missionary In Japan Bub. blcs Willi Kesentment and Charges Misrepresentation or Facts About Schools. SAN" FRANCISCO, Per. ;o. Mrs. Flora B. Harris, now residing In Tokio, and widely known as a missionarj-. re cently addressed a communication to tlie San Francisco Board of Kducation, In which she deplored Kan Francisco's attitudo toward Japanese in the public schools, and criticised what she termed the "provincial spirit" of the local of ficials. She deprecated the attempt to classify the Japanese as "Orientals." and expressed surprise that the children of any foreign residents could be "ex cluded from the public schools and seg regated without their consent, solely on account of their nationality." The San Francisco Board of Kduca tion, through its secretary, Elmore C. I-efftngwell. has framed a reply which will be mailed to Mrs. Harris in Japan. From this reply, it is apparent that Mrs. Harris' criticisms have aroused the ire of the School Board. Says President and Mclcalf Err. This reply asserts that the Japanese have not been "excluded" from the schools, "despite the fact that no less a personage than the President of tha United States has employed a similar assertion in framing: a. messag. to Con gress, and notwithstanding the wholly unfair report made of the entire school Incident by the Secretary of Commerce and Labor, the Hon. Victor II. Met calf." The "provincialism" of California, the reply states. "Is, oddly enough, reflect ed in the hearts and minds of the peo ple ot Oregon and Washington." Con tinuing, the reply rays: Th fact that the Preidnt of th Knltert States, basing arguments upon rroneou as sumptions and framing against a loyal people acathlng criticisms regarding a matter which Is purely one of local concern, does not In the least deter the people nf the Paolrlo Coast, who. after all. are doubtless the bet Judges of their own Immediate needs and welfare. Kiglits as Free Americans. Xelther do the misleading deductions and recommendations of a politician high in au thority, when voiced through a document which plainly sought the light of favor and not of truth. Impress the people of this1 lo cality with any sense of doubt as to their rights as free-born Americans or as to the Justice of the stand they have taken. Without the Intervention of minlFformed or. prejudiced public men, California would deeply he.re appreciated nn opportunity to exen-.i?R tho fundamental right to dent with this sub ject alone and unaided, in which event Japan might have spared herself much of the con cern that has resulted from the work of meddlers. Plain Facts Distorted. The Board of Education will not recede from its position and whether the President of the United States has been led Into error and now appliey emphatic language to the people of this state, or whether ambitious Secretarle.f distort plain facts and shape djcuments that may perhaps be formidable In a political sense, the school authorities of this city, act ing under a state law and without prejudice, will doubtless adhere to the very reasonable stand that has been taken. HICKS 15 SAVED JIT LAST REACHED BY M1NKKS AT ONE O'CLOCK THIS MOHN1XG. Ttcpctiers Talk and Puss Water to Him End of Thirteen Days In Living Tomb. CHICAGO, Dec. 21. A dispatch to th Tribune from Bakersneld, Cal., says: Hicks, the miner who has been en tombed In the Edison tunnel for 13 days. was reached by his rescuers at 1 o'clock this morning. At that hour it was an nounced he would speedily be released. His resetters were talking to him and had passed to him a basin of water with which to bathe his face. An improvised hospital has been set up in the tunnel, warm water to bathe the face of Hicks, blankets to protect him from the chill air. and there are pieces of tobacco for which Hicks says he has been longing for two days. The watchers were on tip-toes with excitement, and all nerves were on edge for the crucial mo ment. All Bakersfleld is awake to re ceive the news of the rescue. The miners burrowed beneath the ore car which protected Hicks, in an effort to gouge out a hole large enough to permit the passage of his body into the larger opening of the tunnel. Hicks repeatedly shouted words of encouragement to the men across the car who approached him. HARSH CRITICS