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