Morning Oregonian. (Portland, Or.) 1861-1937, April 18, 1907, Image 1

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    VOL. XXVI. XO. 14,4(o.
Spokane's Vain Hops of
Rate Advantage.
Readjustment of Tariffs to the
Interior Would Follow.
Expert Gillette Disputes - Railroad
Engineers' Estimates of Cost of
Roads, Taking Up Their State-
merits Item by Item.
That any readjustment of the traffic
rates from the East to Spokane will be
promptly followed by similar reductions
Jn rates from the Pad fid seaboard to the
Interior Is quite well established In the
Spokane terminal hearing. Traffic Director
Woodworth, of the Northern Pacific, de
clared yesterday on the stand that both
changes should be made If the present
tariffs are changed. If the rates to Spo
kane are too high, for the same reasons
they are too high to the Coast from the
Kast, as well as into the interior from
the Northwest ports.
From the steps already taken In the
hearing. It appears that Spokane will have
trouble ahead even if it wins its presclit
contention, which seems unlikely, al
though possible. There will be a deter
mined mosrment to lower other rates,
both transcontinental and distributive, to
a level with whatever reduction Spokane
may secure. And if the rates to Spokane
are too high, by the testimony of rail
road officials themselves, the local dis
tributive rates are also too high.
Kxperts fjlve Opinion.
Yesterday was experts' day In the hear
ing;. Kvery witness was an avowed ex
pert in his own line. The anticipated
contradiction of the testimony o2 Chief
Engineer Darling, of the Northern Pa
cific, and Chief Engineer HoBeland. of
the Great Northern, came on schedule
time yesterday, when H. P. Gillette was
called to the stand by Spokane's attor
neys. Mr. Gillette, engineer for the Wash
ington Railroad Commission, ruthlessly
clipped the estimates of the two railroad
engineers for rebuilding the two lines un
til he made them look like veritable tyros
In the science of railroad building.
Both these engineers were In the court
room and listened with, what grace they
could to a much younger man explain
their errors In engineering. The expert
produced figures until they were bewilder.
Ing to maintain his point. He said the es
timates furnished by PJngineer Darling
for replacing the Northern Pacitlc. which
amounts to about 96,000.000 in round
numbers, is far too high and that in his
opinion J22O.OOO.O0O will reconstruct the
present system.
Expert Gillette said Chief Engineer
Hogeland. of the Great Northern, was
about as far wrong as his brother en
gineer and that Mr. Hogeland's figures
for replacing the system, which total
about J32S.0OO.00O In round numbers, should
read JLM4.000.000. The expert was spared
cross-examination yesterday, but he will
be turned over this morning to the tender
mercies of the railroad lawyers, who will
try to flay the young man and bewilder
him with his own figures.
Faults In Engineers' Estimates.
Mr. Gillette found many faults with
the estimates of the chief engineers. In
the first place, he said It was practically
Impossible to check up Chief Engineer
Darling's fisures on bridging, as he had
failed to give necessary data. He said
the estimate furnished" on the cost of
trestle work was too high and the same
could be said in regard to buildings. He
aid the cost of water stations on the
Northern Pacific seem excessive as given
In Engineer Darling's estimate.
"In his estimate of ballasting. Engineer
Darling allows 3000 yards per mile, at 6S
cents a yard." said Expert Gillette. "This
price a yard seems to me is much too
high. The total should be 40 Instead of
66. I estimate that J1000 would be suffi
cient to ballast one mile of main track,
while Mr. Darling figures this would cost
'XX Sidings should cost about J600 a
mile for ballasting. Instead of $1000. as
Included In Mr. Darling's estimate."
While Mr. Darling estimated 63 cents as
the average cost of a tie. Mr. Gillette said
the figure should be about 44 cents. While
rails were figured at J31 a ton by Mr. Dar
ling, the witness said they should have
been included at their actual cost, which
Is a trifle over J20. He believed the esti
mated cost of JST5 a mile of track to
carry rails and ties to the front from the
storage yard or material depot is too high
an estimate. He found that Mr. Darling's
estimate of $116 a mile for fencing the
right of way reasonable.
Interest charges of 10 per cent on the
total cost of construction, as submitted
by Mr. Darling, was declared to be ex
cessive, and t per cent was said to be
sufficient. The expert quoted other au
thoritiea to this same effect. He said this
figure is twice what many railroads them
selves allow.
Contingencies, which were provided for
by an appropriation of 10 per cent of the
entire cost by both Darling and Hogeland,
were said to be a mere waste of m?ney,
lor In the case of building a road over a
country which was thoroughly known, a
fund for contingencies was only to pro
vide for carelessness.
Value of Equipment. '
Equipment of the Northern Pacific was
estimated to be worth approximately
JM.OOO.AOO by Mr. Darling, whereas another
authority. Gray, pruned this estimate to
$45,365,000. Mr. Gillette agreed with Mr.
Gray. The witness stated that both of
these estimates are too high In compari
son with the reports of the railroad offi
cials to the Interstate Commerce Com
mission and It was stated that all the
railroads in their reports to that body
underestimate their equipment to a very
great degree.
Mr. Gillette said more than half the
lines of the Northern Pacific were pur
chased after construction and the price
paid for this part of the system did not
exceed $27,600 a mile. This figure was
much exaggerated later by the issue of
$91,000,000 in stock. The witness said Mr.
Darling's estimate . of $6,000,000 for en
gineering is double the amount required.
Chief Engineer Hogeland's estimate of
the cost of rebuilding the Great Northern
was then dissected. Grading, as given in
the estimate, was said to be excessive as
was the cost of tunneling. While $195 a
foot was given as the cost of driving the
longer tunnels, the Cascade tunnel was
actually built for $150 per foot. Tem
porary lining for tunnels at $25 a foot was
said to be too high.
The cost of bridges was said to be un.
reasonable and 60- per cent more than the,
railroads themselves had stated to the
Interstate Commerce Commission. Where
as the report ' of that' body showed 321.650
feet of trestle. Engineer Hogeland called
for 429.S00 feet. The price of ties was
said to be too high In the Great Northern
estimate, and the expense of treating
them was thought to be excessive by 25
per cent. The transportation of ties, at
4 cents each, was declared to be too much
and the first cost of rails was thought to
be excessive.
Cost of Telegraph Lines.
Ballasting was given at 62 cents a yard,
whereas the witness said 40 cents is a
liberal estimate. Whereas telegraph lines
were put In at $330 a mile, it was said $250
would build a good line.
The witness said Engineer Hogeland
had included equipment In the total upon
which interest was charged, but Mr. Dar
ling did not But in equipment, as while the
road was being built complete equipment
was not required. The witness said Mr.
Darling was correct and that a portion
of the Great Northern estimate should be
cut off for this reason.
As to appreciation of roadbed, the wit
ness said he could not compute this, as
it was Impossible to measure it. He said
there is no doubt that it occurs. He also
said the calculation of the cost of replac
ing an existing railroad was hard to make
and that the only way Is for aBout 20 men
to go over the line carefully, with en
gineers, and make computations of every
rod of rnfttlbr'd. He- said "such -a, task
would probably keep' 20 men busy for a
Gives Value of Rights of Way.
3. C. H. Reynolds, of Spokane, right-of-way
agent for the Washington &
Great Northern Railroad, was a witness
for Spokane, and testified to the value
of rights of way of the different rail
roads in Washington. He performed sim
ilar work for the Washington Railroad
Commission, and said the value of the
Great Northern lands In Spokane, ex
clusive of the Hillyard property, is JS14,
967.97. The Hillyard terminal ground is
worth $79,840 additional. The Northern
Pacific, said the witness, holds total
property in Spokane amounting to $4,
475.492, but $1,194,155 is commercial prop
erty, leaving J3,281,2T4 in that city as
railway property.
The witness said the value of Northern
Pacific holdings in Seattle is $22,394,580,
while the Great Northern's property
there amounts to $19,961,720.
W. G. Merriwether, another Spokane
real estate man, confirmed the estimates
of Mr. Reynolds.
A telegram was read by Mr. Gilman,
who just received it from St. Paul, stat
ing the value of the Great Northern
holdings in Spokane, exclusive of rights
of way and terminals donated, is $1,124,
621. H. McCune. a rate expert brought here
by Spokane and who was formerly in the
employ of the Great Northern, was put
on the stand and submitted a long list
of figures showing rates. By these tables
it was shown that the transcontinental
railroads carry several classes of mer
chandise across the country to the Pa
cific Coast and reship it to Asiatic ports
at a lesser rate for the whole journey
than the same commodity earns if carried
only to Spokane. The existence of the
"Asiatic rate," as it is called, was put
In the record of the' case.
What Roads Would Have Lost.
Mr. McCune submitted slightly differ
ent figures for the total the three trans
continental roads entering Spokane would
have lost during the year 1906, provid
ed the Spokane terminal rate had been
In effect. His figure was $S0O,O0O, while
the railroads estimate the same total as
Js5O,O0O. Owing to the immaterial differ
ence. Commissioner Prouty decided it
was not necessary to go further into the
subject. ,
Attorney Stephens, for Spokane, sought
to introduce a pamphlet, entitled, "The
People and the Railroads," written by
Howard Elliott, president of the North
ern Pacific, but Commissioner Prouty
Said It would not be necessary for it to
go on record, but that the attorney may
make extracts from It In his arguments.
Mr. Stephens desired to show that, ac
cording to President Elliott, the Northern
Pacific has more traffic than it can
handle expeditiously, and that, as the
terminals at the western end are glutted,
it would be to the advantage of the
traffic to have terminals in tho Interior.
O. K. & X. Traffic From Interior.
R. B. Miller, general freight agent for
the Harrlman lines In Oregon, took the
stand yesterday and testified as to the
extent of the traffic from Portland to the
interior over the O. R. & N. He said
the total freight earnings of the O. R. &
N. are about JS.000.000 a year. Of this
sum. Jl.2ai.537 is gross earnings from
freight from California to interior points
on the O. R. & N.
J. G. Woodworth. traffic manager for
the Northern Pacific, was another wit
ness put on by the railroads. W. W. Cot
ton interrogated him, asking the follow
ing question:
"If a long and short haul, or distance
.tariff, were put into effect on Spokane
business, and you lived up to the distance
tariffs, at the same time taking Into
consideration the rates and probable con
ditions as to water competition from the
tConcluded on Page 5-1
San Francisco to Cele
brate Disaster.
One Thousand Men Will Join
in Great Feast.
Only One Vear After Utter Destruc
tion, City Ijlves Again, With Re
building In Full Swing, and
Forgets Her Great Sorrow.
Karthquake wrecked city April ,18.
, at 6:13 A. M., and fire result
ed lasting three days.
Ijlves lost, 432.
Persons injured, 1500.
Persons made homeless, 265,000.
Property loss, J350.000.000.
Loss to insurance companies. $132.
823.067. Buildings destroyed. 60,000.
Slocks burned, 453.
Area of burned district, 3.96 square
Relief appropriation by Congress, .
Relief subscriptions, $11,000,000.
Loss in Other Towns.
Santa Ross, Tl persons killed. 53
Injured, 24 blocks destroyed.
San Jose Business portion de
stroyed, 20 persons killed.
Palo Alto Stanford University
buildings wrecked.
- Hallnas, Napa, Holllster, Redwood
City and Santa Cruz greatly dam
aged. SAN FRANCISCO. April 17. (Special.)
Tomorrow will mark the first anniversary
of the fire and earthquake which wrought
destruction In San Francisco. The
to be. pbe.rved In a- variety of
ways. Fillmore street, now the principal
retail thoroughfare in the city, tonight
is ablaze with light and color. Banners
have been flung to the breeze. The mer
chants along JJie street have decided to
make the occasion one of rejoicing as
marking the birth of the new city. Band
stands have been erected on the street
at Golden Gate avenue, O'Farrell street
and at Pine street. Tomorrow night there
will be promenade concerts at .these
Thousand at Banquet Board.
The biggest celebration is to be that of
the Merchants' Association, which will
hold a banquet that will mark the open
ing of the new $5,000,000 Fairmount Hotel.
One thousand business men will gather
about the board, and with them will be
the leaders in the new -movement for
civic reform. Francis J. Heney and Dis
trict Attorney Langdon will speak. Ru
dolph Spreckels was asked to make an
address, but declined. Nearly 2000 per
sons desired to attend the banquet, but
the association found, it necessary to
limit the number of tickets.
While the festivities are in progress.
I ' SHAKE ! '
. i prosecute of $ m&ti Smmmmk
I 1 END OF C0RP0ftRll0rfJW - J
- . ' r J
! -..-..... ..-....,.),.,. ttuMiiitnttnil
other forms of observance will prevail
in" the churches. There will be prayers
for the dead and in some churches a
special memorial service. Bishop
Nichols of the Episcopal Church has
requested that special services be held
in all the Episcopal churches of the
city. In the Catholic churches there
will also be special exercises.
The incongruity of the methods
chosen to observe the day may be ex
plained by the- divergence of views
among the citizens. To some the day
represents the birth of the new city
and to others it means a day of sorrow
akin to Memorial day.
Mayor Schmitz endeavored to. have
the day declared a holiday and made
such a request to the Supervisors, but
the Supervisors, legislating under the
"big stick," stand ready to oppose
(Concluded on Page 4.)
The W eather.
YESTERDAY'S Maximum temperature, 53
degrees; minimum, 46.
TODAY'S Fair and warmer; northwest
Foreign. .
Earthquakes continue In Mexico and reports
of death Increase. Page 8.
Pope suspends priest who criticised church
policy.. Page 2. i
Secretary Taft speaks to Porto Rlcans on
citizenship, page 12..
Chicago police admit fear caused them to
. -pay, assessments. Page 4.
Wej-erhaeuser criticises Rooseyelt and pre
dicts depression. Page 3.
Peace Congress ends with banquets at
which France decorates Carnegie. Page
Haskin on Daughters of Revolution. Page 5.
Mrs. Eddy's lawyers reply to next friends.
Page 5.
Argumant of Hermann trial begins today.
Page 4.
Jerome denies Mrs. Holman gave him help
against Thaw. Page 4.
Power of Shoshone Falls to be utilized.
Page 5.
Farmers' trust will hold out for dollar
wheat. Page 3.
Pacide Coast.
Witnesses suhpenaed for Benson-Hyde trial
leave for Washington. Page 6. '
New Oregon laws make large volume. Page
Robber arrested, confesses and Is bound
over within 24 hours after crime. Page 2.
Stanford co-eds boycott college publication.
Page 6.
Indications " that Borah's indictment ' was
Instigated by Miners' Federation. Page 1.
San Francisco to celebrate anniversary of
disaster. Page 1.
Northern Pacific Railroad appoints two as
sistants to Cleland. Page 4.
Sports. S
Bill Squires arrives at San Francisco. Pago
Pacific Coast baseball scores Oakland 5
Portland 2: m Angeles. 2. San Francis
co 0. -Page .7;. . . ...
Commercial and Marine.
Local hide market demoralized. Page 17.
Better weather adversely affects wheat
prices. Page 17.
Little interest taken in stock market. Page
17. . i
Aragonla brings rich cargo. Page IS.
Portland and Vicinity.
If Spokane wins present contention, rates
from Coast to interior will be readjusted
Page 1.
Pink domino burglar tells how he came to
use peculiar mask. Page 10.
Architects and contractors will assist Coun
. cil to frame . new building ordinance
Page 13.
Vaughn's anti-pass ordinance Is killed by
CouncH. Page 11.
Sullivan Gulch bridge authorized by City
Council. Page lu.
Council refuses to place free water charter
amendment on official ballot. Page 10.
Tillamook- right of way suit being heard In
Portland. Page 12.
Gas company erects building without permit
and in defiance of city laws. Page 9.
Railroads Increase trans-continental tariffs.
Page 16.
Portland Socialists name candidates. Page
France Decorates An
drew Carnegie.
Great Number of World's
Leading Men Speak.
Bryan Proposes Xew National Motto.
Bryee Replies to Cynical Ob
jector Bartlioldt Tells the
Programme of Peace.
NEW YORK, April 17. The first an
nual convention of the National Arbi
tration and Peace Congress ended to
night, after a three days' session, at
two large banquets, one at the Hotel
Astor and the other at the Waldorf
Astoria. The event of greatest interest
was the decoration of Andrew Carnegie
with the cross of the Legion of Honor
by the French government, represented
by Baron d'EBtournelles de Constant, in
appreciation of his work for peace and
his gift of the palace at The Hague.
Mr. Carnegie, who is president of the
congress, tonight gave out a statement
aa to the results of the congress. 'Al
though not so designated by Mr. Car
negie, the statement constitutes a reply
to some of the suggestions contained in
the letter which President Roosevelt
addressed to the congress on the open
ing day. Mr. Carnegie quotes these
statements as "objections," and an
swers them as follows:
Carnegie Answers Objections.
Our peace conference has brought three
objections clearly before as:
First Nations cannot submit all questions
to arbitration. Answer Six of them have
recently done so by treaty Denmark and
The Netherlands. Chile and Argentina. Nor
way, and Sweden. - . . -.
Second Justice la higher tlian peace".
Answer The first principle of natural Jus
tice forbids men to be Judges when they are
parties to the Issue. All law rests upon this
throughout the civilized world. Were .a
Judge known to sit on a case In which he
was secretly Interested he wopld be at once
dishonored and -expelled from his high of
fice. If any individual refused to submit his
dispute with a neighbor to disinterested par
ties and insisted upon being his own Jud;e
he would violate the first principles of Jus
tice. If he resorted to force in defense
of his right to Judge, he would be dishonored
as a breaker of the law. Thus peace with
Justice Is secured through arbitration, never
by one of the parties sitting as Judge in his
own cause. Nations, being only aggregates
of individuals, they will not reach Justice in
their Judgments until the same rule holds
good, viz.: That they, like Individuals,
should not sit as Judges in their own cause.
What Is unjust for Individuals is unjust for
Reply to Roosevelt's Idea.
Third It is neither peace nor Justice, but
righteousness that shall exalt the nation.
Answer Righteousness is simply doing what
Is right. What is Just is always right; what
Is unjust la always wrong. It being the
first principle of Justice that men shall not
be Judges in their own cause, to refuse to
submit .to Judge or arbitrator Is unjust,
hence not right, for the essence of righteous
ness is Justice. Therefore, men who place
Justice or righteousness above peace prac
tically proclaim that they will commit ln-
justice and discard the righteousness by con
stituting themselves sole Judges of their
own cause, in violation of law, justice and
Civilized man has reached the conclusion
that he can maintain principles of Justice
and of right only by upholding the present
reign of law. What Is right for each indi
vidual must be right for the nation. The
demand that interested parties shall sit In
Judgment Is the wickedness that degrades
a nation.
Decoration From France.
Baron d'Estournelles de Constant an
nounced In his address at the Waldorf
Astoria banquet that 'the cross of Com
mander of the Legion of Honor had been
conferred by the French government on
Andrew Carnegie and then proceeded to
the banquet at the Hotel Astor, where
the decoration was formally presented to
Mr. Carnegie. '
About 600 guests were present at - the
Waldorf dinner. Seth Low presided and
announced messages from the Kings of
Norway and Italy, the President of
Switzerland and the Nobel peace prize
committee of the Norwegian Parliament.
All complimented the peace conference
and expressed wishes for the success of.
the work. Baron d'Estournelles de Con
stant spoke of the Importance of world
wide peace. Professor Hugo Prancke, of
Harvard, spoke for the university and in
a measure for Germany. .
. Bryan's New Watchword.
William J. Bryan In his address offered
as a substitute for the historic words.
"Liberty or death," the cry, "Liberty and
life." This sentiment was the keynote of
his address. The cost of human life he
wanted counted and estimated, saying:
"Let us measure the value of those
that war has not taken, and then we
can obtain some estimate of the value
of those lives that are gone."
Life,, he held, was sacred and precious,
to be guarded sacredly, because created
by'God as something worthy and lasting.
The attainment of. peace as seen from
the viewpoint of the clergy was presented
by Archbishop Ireland. Greater than all
other names to consider in the conception
of peace, he held, was the divine name
of Christ.
Rev. Lyman Abbott In his address ex
horted for concerted action of the world
to attain the ideal of eternal peace.
Andrew Carnegie presided over the
Hotel Astoria dinner. Earl Grey, Governor-General
of Canada, was the first
speaker. He read a telegram from the
President of the Canadian Senate extend
ing greetings to the Congress. Enrique C.
Creel, the Mexican Ambassador, expressed
the regrets of President Diaz at not be
ing present, but assured his hearers that
the Mexican President favored the peace
movement. Senor Creel proposed a toast
to President Roosevelt, which was drunk
standing and amid cheers.
Ambassador Bryce of England followed.
He said: ' - .
Bryce Answers a Cynic.
What we have now in this congress got to
do is to consider how we ean best work for
preventing wars in the future. The diffi
culty about such a meeting as this is that
we are already agreed nnd convinced. I can
ima-glne- A- cynlcol critic saying to irs:
"Gentlemen, you are all, as the French
Bay, preaching to the converted." What you
have got to do is to preach to the uncon
verted, who are not here, to convince those
whom the Scriptures call 'the people that
delight in war. "You are," so this cynic
would say, "like an assemblage of sheep,
sheep with Irreproachably white fleeces,
passing resolutions which entreat the wolves
to leave off biting."
To answer this cynical critic, to see what
we can really do to advance the object we
have at heart, let us ask ourselves how it is
that war begins. We have all seen the phe
nomena. Some difference arises between two
nations. Each nation has what it thinks a
good cause, but each nation thinks only of
its own case, and takes little trouble to
understand the case on the other side.
The newspapers throw themselves into
the fray. They embitter feeling not only by
denouncing the other side but by dwelling
only on their own case and entirely neglect
ing to- state the case of the other nation.
Every angry or spiteful word that is said
by the newspapers of the other country is
reported. Everything that tends to miti
gate passion Is omitted.
The value of the object at stake Is exag
gerated and each ''nation is told that its
honor is involved In fighting for its own
views. The governments think the people
want to fight and thus war Is declared.
People to Blame for War.
Now who is to blame for this? Is k the
government? No doubt they sometimes show
a want of firmness in resisting the popular
passion, but they say, and often with truth,
that it is popular feeling that pushes them
into war. Or is the fault with the newspa
pers? We all know that the newspapers fan
the flame and spread it. But what is their
motive? They want to please the public.
They believe the public likes to have its
passions aroused. The press is what the peo
ple make it.. Every nation has Just such
newspapers as it deserve. The blame after
all rests with the people themselves, who
lose their heads under excitement. They can
resist everything except temptation.
Now, gentlemen, we have got to face these
facts and see what can be done to make a
nation realize In times of excitement the
truth of what It had realized when It was In
its sober senses before the fighting fever got
Into the brain. There seems to be only three
things that can be done to prevent the re
currence of these fevers. One Is not to In
duce the pride which every state feels In its
military and naval forces a pride which
draws with it the temptation to use the
armaments which it has taxed Itself so
heavily to maintain.
How to Prevent Wars.
Everyone admits the enormous difficulty
of bringing about a general limitation of
armaments. It may not be possible to secure
that limitation at once, but It Is an object
of such supreme Importance, especially to
the countries which And the burden of taxa
tion a grievous one, that it ought to be se
riously discussed and ought to be kept be
fore the minds of all the great peoples as a
problem which has got to be solved sooner
or later. To pass it by does not make It
easier, for while the difficulties do not di
minish, the armaments go on increasing.
The second practical step that may be
taken is to make general arbitration treaties
and to enlarge their scope by Including as
many, cases of International difference as can
possibly be refrrd to arbitration or. where
the matter is not a strictly legal one, can
be made the subject of mediation and con
ciliation. The great advantage of such trea
ties is that they interpose delays and allow
the better sense of each 'nation to subdue
its passions. Nations, are naturally Jealous
of thMr own honor, but, when they flnd the
opinion of the world does not think a con
cession prejudices their honor, they may be
more willing to make the concession. The
creation of such general treaties and of a
permanent tribunal to entertain and decide
the cases that are brought before it would
be one of the greatest services that a peace
conference could render.
Lastly, though It Is true that such a
congress as this, meeting- in time of peace,
cannot be relied upon to avert some fresh
outbreak of passion. It is none the less true
that it may do something to form opinion in
the masses of a nation and to bring home
to every citizen the tene of his own respon
sibility for the removal of this oldest evil
of humanity. The older an evil Is and the
more Ingrained It Is. the longer It must
take to remove.
Baron de Constant was introduced as
bringing a message from France. He an
nounced the bestowal of the Iegion of
Honor cross on Mr. Carnegie and tied
(Concluded on Page 3 )
Their Hand Seen Be
hind Indictment.
District Attorney Called to
Show Evidence.
Report Started by Dubois, Who Ma.
ligns Borah in East Moyer and '
Haywood Are Suspected of a
Plot to Discredit the Senator.
BOISE, Idaho. April 1". (Special.) A'
story originally nent from here has gained
w'de circulation that Senator Borah ap
pealed to the President and Attorney
General Bonaparte ' against his Indict
ment by the United States grand jury
in connection with the alleged , Barber
Lumber Company frauds, for which com
pany the Senator has been attorney. The
Senator's close friends state positively
that this is entirely incorrect, his policy
being entirely different. It has been
known for several days that District
Attorney Rulrk was summoned to Wash
ington with a copy of the "testimony, and
Mr. Borah has quietly awaited the out
come of the showing to be made there.
He has stated that. If he were wanted
In Washington, he would go. He left
yesterday for Chicago, on business and, '
if lie should be wanted in Washington,
he would probably go on from there, but,
according to those who should know, he
has made no representation to the Pres
ident or to the Attorney-General.
See Hand of Federation.
There Is not one of his friends. Includ
ing men familiar with the entire, history
of the Barber Lumber Company, who be
lieve there is a particle of evidence upon .
which an Indictment could be founded.
There are .many 'strange .aspects of the'
entire matter. The theory that the de
fense in the Moyer-Haywood-Pettibone
cases has taken an active Interest la
the work of the grand ' Jury has been
widely published, but little has been said
of the details of the matter.
It ia a fact that It has been hinted
for a year that something would turn up
In the timber cases affecting the prose
cution of the murder case. Last Fall one
of the attorneys for the defense took
pains to learn whether or not Mr. Borah
would withdraw from the cases in th
event of his being elected United States
Senator. He learned he would not. Not
satisfied, he a second time got the same
Information, showing an interest in the
matter that seemed remarkable, even at
that time.
Last Fall, when a grand jury was In
session, no effort was made to take up
these timber cases, and during the
Winter the District Attorney assured
the Governor that they would not bo
taken up this year. It has always been
feared that an investigation would
give room for talk, which would be
prejudicial. While the grrand Jury has
been in session, the agents of the de
fense have managed to keep them
selves well informed of what was tak
ing place. The Indictment of Mr. Boralt
was known to Moyer, Haywood and
Pettibone before It was learned by any
of Mr. Borah's friends. One of the at
torneys for the defense assured a man
a week before the Indictment that Mr.
Borah would be out of the case, that
the grand jury would put him out.
The members of the grand Jury are
reported as saying that the District
Attorney labored always to implicate
the Senator, but never succeeded in
getting a damaging statement, though
three circumstances were mentioned by
witnesses, which seemed perfectly
straight. On Thursday morning the
District Attorney sought to get the
grand Jury to Indict a number in a
bunch, including the Senator. The
jurors demurred, and In the afternoon
they, voted separately. Twelve out of
22 votes were secured for the indict
ment of Mr. Borah. It should be stated
that the original grand Jury panel' was
16, but the court sent out an open
venire and brought in. seven more. Of
these, one was dropped out later. So
there Were 22 present when the Indict
ment was voted.
Again, it is reliably stated that 'on
the Friday morning that the indictment
was returned, the grand jury ordered
the District Attorney to retire, as It
wished to discuss Borne matters. Ha
refused to do so. The statement is
that 15 of them wished to reconsider
the vote on the Borah' Indictment, but
Mr. Ruick insisted ..they could not do
so, and finally forced them into sub
mission,' the indictment thereupon be
ing returned.
The people of the city almost univer
sally believe there was a reason for
having the investigation just at this
time, and that there has been some in
defensible maneuvering in the whole
Dubois Bids for Labor Vote by Cir
culating Evil Reports.
ington, April 17. Ex-Senator Fred Du-
(Concluded on Page 8 )