VOL. XL VIII. NO. 11,732.
PORTLAND, OREGON, SATURDAY, FEBRUARY 15, 1908.
PRICE FIVE CENTS.
RAILROAD
DO D
CAN'T FIX RATES
Federal Court Decides
Joint Wheat Case.
LIMITS COMMISSION POWER
State Constitution Gives Rate
Making to Legislature.
MAY CALL EXTRA SESSION
Governor Mead Has Matter Older
Advisement Judge Hanford's Decision-
Regarded as Victory for
Portland Commercially.
OLYMPIA, Wash., Feb. 14. (Spe
cial.) That the Washington State
Railroad Commiselon has no authority
to fix maximum rates is the gist of a
decision handed down by Judge Han
ford in the Federal Court in tills city
today In a decision in the Joint wheat
rate case.
Judge Hanford holds that under sec
tion 18, of article XII, of the tate con
stitution, the power to establish and
fix maximum freight and passenger
rates Is reserved to the Legislature
and cannot be delegated to a commis
sion, v
By this decision the usefulness of the
Hall road Commission aa to rate making
is destroyed, and Governor Mead stated
tonight that he has under consideration
the advlsiblllty of calling an extra ses
sion of the Legislature to consider sub
mitting at the next general election a
proposed amendment to the state con
stitution giving the Railroad Commis
sion the power of rate making.
Victory for Porland.
Th decision Is a victory for the O.
R. & N. and the commercial interests
of Portland as opposed to the efforts
of the Northern Faciflo and the Great
Northern to divert Eastern Washing
ton wheat traffic from Portland to
Tuget Sound seaports.
The case will immediately be carried
to the Supreme Court of the United
States. If the ruling is upheld in the
higher court of appeals, the State Com
mission will have power only to take
testimony and gather data relative to
rates and forward this to the Legisla
ture with recommendations for fixing
rates.
Judge Hanford's decision is in part as
follows:
Clash With Interstate Rights.
I am convinced that these three trans
continental railways cannot be compelled to
pool their Interests In the wheat traffic
without Imposing; on them burdens which
will cripple them aa carriers of interstate
commerce and that enforcement of the or
der made tiy the State Railway Commission,
requiring: them to carry wheat originating
on the line of the complainant over the
line of the Northern Pacific and Great
Northern Railway, to the seaport cltlos of
Tuget Sound at a Joint rate, will have a
direct effect upon interstate commerce by
diverting the transportation of wheat des
tined to foreign countries from Portland to
tlie ports of Puget Sound. However lauda
ble the purpose may be from the standpoint
of Washington farmers, grain merchants
and millers, such a handicap upon compe
tition in foreign trade by state authorities
trenches upon the powers of Congress to
regulate foreign commerce and Justifies the
carriers In Invoking the power of a Federal
court to relieve them from obligations to
obey the order.
Commission Without Power.
I bold also that in assuming to prescribe a
Joint rate, varying from the maximum rate
established by a law enacted by the Legis
lature, the Railway Vommlseion exceeded
the powers which could be conferred upon
it by a law, Hot repugnant to the constitu
tion of the state. This is so for the reason
that by the 19th section or Article XII of
the constitution, the legislature is specific
ally required to pass laws establishing rea
sonable maximum rates to be charged for
the transportation of passengers and freight.
By this the constitution requires that rates
shall be established, that Is to say, fixed
by competent authority for all shippers so
that there shall be no discrimination; the
rates are to be reasonable and by neces
sary Implication discretion must be exer
cised in the determination of what is rea
sonable; the power to establish rates and
exercise discretion is given to the Legisla
ture and the manner of establishing rates
Is to be 'by passing laws.
The laws of the state are required to be
enacted by the Senate and House of Repre
sentatives with prescribed formalities and to
be submitted to the Governor- for his ap
proval, and laws cannot be passed in any
different manner. An order promulgated
by a commission created by the Legislature
Is not a law and cannot be enforced as a
law without overriding the clearly expressed
declaration of the constitution. Reflection
has led me to the conclusion that in the
decision upon the application for an Injunc
tion pendente lite the court erred. In an
nouncing that if the carriers shall co-opera-ate
to haul wheat as It may be routed by
shippers, -the rates prescribed by this order
will he the maximum rates collectible for a
continuous haul, unless proved to be insuf
ficient, unfair and unreasonable." As at
present advised I must hold that the maxi
mum rates are as fixed by the law enacted
by the Legislature.
Governor Mead Comments.
In . an Interview tonight, Governor
Mead said:
"I have just read the decision of
Hun. C. H. Hanford overruling the
demurrer In the so-called Joint wheat
rate case. The crucial portion of the
decision is found in the latter portion
thereof, wherein the court holds that
under Section 18 of Article XII of th
Constitution of this state, the power
to establish and fix maximum freight
and passenger rates is reserved to the
Legislature and cannot by it be delegat
ed to a commission. An order promul
gated by a commission, created by the
Legislature is not a laW and cannot be
enforced as a law without overriding
the clearly expressed declaration of
the Constitution.
"The principle enunciated by Judge
Hanford does not come to the student
of this question as a startling surprise,
even though he may not agree with
the conclusion reached by him.
"The decision is very far-reaching,
declaring in effect that the Legislature
cannot authorize a commission to fix,
regulate or establish freight or pas
senger rates, as under our Constitution
this can only be done by regularly
enacted law.
May Call Extra Session.
"Two courses are open to secure
rate regulation under this decision, one
is through legislative enactment, the
other Is by an amendment to the state
Constitution cutting out the limitation
and empowering a commission to regu
late railroad rates or, as In some states,
to regulate all corporations. From my
study of this question I favor the regu
lation through a commission always in
session, and ready to meet all em
ergencies as they arise.
"1 have had no time to consider
the full effect of this decision nor. to
determine what action I should take.
I shall give the question of calling a
special session of the Legislature to
consider the advisability of submitting
at the next general election a proposed!
amendment to the Constitution along
these lines my earnest immediate at
tention. I will announce my conclu
sions in the very near future."
1
ACTION" OF STAffE OOUKT FLXAL
Attorney-General Sees No Alarm in
Judge Hanford's Decision.
OLTMPIA, Wash.,' Feb. 14. (Special.)
Attorney-General John D. Atkinson
looks upon the decision of Judge Han
ford in the joint rate case as not a mat
ter for creating alarm concerning the ef
fectiveness of the railroad commission
law. In an interview tonight he decried
talk of an extra session of the Legisla
ture. He said:
"The point upon which Judge Hanford
holds the law Invalid must ultimately
be determined by our state courts. The
learned Judge, of course, until our state
court passes on the point, has a right
to construe the state law with reference
to the state constitution, but when the
state courts pass upon this point, their
construction becomes final and binding
upon all Federal courts.
"The construction of the state consti
tution in this instance does not involve
a Federal question or the construction of
any Federal law or portion of the Fed
eral constitution. That is why the de
cision of the State Supreme Court wiS
take precedence over any ruling by the
Federal courts.
"The same point has been decided fa
vorably to the state by Judge Chadwick,
and I entertain a very confident belief
that the Supreme Court of this state will
hold that the Legislature can onder our
constitution authorize the Railroad Com
mission to fix rates.
"I see no occasion for immediate alarm.
Cases are pending In the Btate courts
in which this point will be decided at an
early date. Until the state courts hold
against the law. the commission can pur
sue the even tenor of its way."
Assistant Attorney-General A. J. Falk
ner, who Is representing the state in all
the railroad cases, said tonight that he
concurred in the opinion expressed by
Mr. Atkinson.
PORTLAND DEEPLY CONCERNED
Hanford's Joint Rate Decision Is
Pleasing to Commercial Interests.
Portland's shipping Interests rejoice
with the O. R. & N. over the decision of
Judge Hanford, which is considered to
have defeated the attempt of the Wash
ington Railway Commission to establish
and enforce a joint wheat rate that was
discriminatory against this port and its
commercial Interests. As had been ex
peeled. Judge Hanford held that a state
railroad commission cannot fix rates that
will in any way interfere with interstate
commerce either '-by Increasing the cost
of the transportation of freight from one
state to another or by impeding the
transportation of such freight.
The real purpose of the Joint wheat
rate was to divert from Portland to
Puget Sound points much of the wheat
shipments of Eastern Washington. The
Washington Railway Commission sought
to compel the O. R. & N., which trav
erses one of the richest wheat districts
of that state, to make the short haul of
this product to Junction points and there
turn Its loaded cars over to the Northern
Pacific, This plan was resisted by the
O. R. & N., which contended that it
would prevent the use of the same cars
in its interstate business and would nec
essitate making provision for additional
cars. This contention of the O. R. & N.
was sustained by Judge Hanford, who,
in discussing this phase of the contro
versy, says in his opinion:
It is averred that the Northern Pacifio
Railway and the Great Northern Railway
lines are taxed to the limit of their capacity
by the large volume of traffic which they
are required to provide for, including inter
state commerce transportation and the local
traffic originating in the territory which
their lines are required to serve, so that
compliance with the order to give pro
ducers and dealers In wheat, grown within
the territory served by the complainant's
line, the benefit of the Puget Sound market,
will compel the carriers to overcome physi
cal dlffoulties and will necessarily impede
interstate transportation by the lines of the
Northern Pacific - and the Great Northern
Railways.
THE UNEXPECTED HAPPENS
Reduced to Poverty, California Man
Suddenly Finds Himself Rich.
SANTA CRUZ, Cal., Feb. 14. C. C. Cur
tis, a cook who this morning found the
family exchequer reduced to 50 cents,
was rendered speechless with surprise
when the postman presented him with a
letter apprising him of the fact that a
cousin in the East had died and be
queathed him an estate valued at $16,000.
KILLS HIS BRIDE IN RAGE
Bartender Shoots Wife and Then
Turns Gnn on Himself.
SAN FRANCISCO, Feb. 14. Percy In
galls, a bartender, shot and killed his
bride of a few months in their home late
this afternoon, and then turning a 38
calibcr revolver upon himself, blew out
his own brains.
The husband, it Is believed, was in a
drunken rage when ha committed the
crime.
CHILEANS CHEER
FLEET
Great Enthusiasm at
Valparaiso.
REVIEW BY PRESIDENT MONTT
Splendid Spectacle as White
Ships Enter Bay.
THOUSANDS LINE HILLS
Chilean Navy Thunders Salute and
Republic's Chief Port Keeps High
Holiday Roosevelt and Evans
Are Toasted at Banquet.
VALPARAISO, Feb. 14. The great
American fleet of 16 battleships, under
the command of Rear-Admiral Evans,
passed Valparaiso this afternoon and
continued on its voyage northward for
Callao, Peru, the next stopping place.
All Valparaiso and thousands of per
sons from every city in Chile witnessed
the passing of . the fleet.
President Montt and the other high of
ficials of the republic came out from
shore to greet the battleships, and almost
the entire Chilean Navy exchanged sa
lutes with them as they swung around
Curaumilla Point and into Valparaiso
Bay in single file, headed by the Chilean
cruiser Chacabuco and five Chilean tor
pedoboat destroyers. Turning sharp
around Curaumilla Point at 10 minutes
after 1 o'clock, the Chacabuco and five
Chilean destroyers led the Connecticut
and her 15 sister ships into the view of
the thousands who had awaited their ap
pearance since dawn. The day was per
fect, and the spectacle of the fleet,
stretched in a great semi-circle, as seen
from the high hills around the bay, was
magnificent.
Montt Reviews the Fleet.
President Montt and other Chilean of
ficials embarked on the training' ship
General Baquedano and took a position
well out in the harbor. Around the
Baquedano the fleet swung at a speed
of four knots, firing the Presidential
salute as they passed In review. It was
one hour from the time the
head of the fleet entered the
bay until the last vessel had passed
the President's ship and turned toward
the open sea. Then the Baquedano lifted
anchor and escorted the fleet well out of
the bay and on Ha way to the north. It
was a review such as has never before
been seen in Valparaiso Bay, and one
that will long be remembered by the
people of Chile, who came miles to see It.
Shipping in the harbor and the principal
buildings in the city were dressed for the
occasion, as the day was observed as a
holiday in honor of the fleet. From the
picturesque sloping hills dotted with
houses a profusion of bunting and the
waving of flags were descernlble from
the bay. Thousands of persons from
Santiago and other places in the repub
lic had come into Valparaiso for the oc
casion, and the roofs of the Bolsa Com
mercial, with its two huge towers, the
custom-house and the large warehouse
AMERICAN
and other buildings along the circular
road skirting the bay front were black
with spectators.
Enthusiasm Is Unbounded.
The enthusiasm of the Chileans was
almost boundless, and they cheered lus
tily as the battleship fleet swung around
the reviewing ship, their sides lined with
jackles in immaculite white and the
bands playing patriotic airs, t The noise
of the cheering was lost, however, in
that of the saluting guns from the fort
and the fleet. Altogether 1200 shots were
fired.
After the fleet had passed to the north
ward, a banquet was served on board the
General Baquedano by President Montt
in honor of the diplomatic corps and his
other guests. Toasts were drunk to
President Roosevelt and Admiral Evans
and his officers, crews and ships, and
the universal wish was expressed that
the Americans may have fair weather
and a safe passage to their destination.
In the city of Valparaiso tonight cele-
SHAH
OF PERSIA REPORTED
ASSASSINATED.
VIENNA. Feb. 14. A retort la In
circulation bers that the 8 hah o't
Persia has been assassinated. No
confirmation of the report is obtain
able here. (
Persia has been In a state of revo
lution for several years. Parliament
has been established after much tur
moil, but the Shah refused to recog
nize the principle that hia Cabinet
should retire when not supported by
a majority in Parliament, as in other
constitutional monarchies. -The re
sult has been repeated rioting and
the building of barricades In Teheran,
the casltal.
orations of every kind are in progress,
and everywhere may be heard- words of
praise for' Admiral Evans for having
honored Valparaiso with a visit.
The passage of the fleet from Punta
Arenas, on the Strait of Magellan,
whence it sailed at 11 o'clock on the
night of February 7, was made to this
point without danger or Incident.
Harbor Full of Sightseers.
The head of the American fleet ar
rived abreast of the southern entrance
to the harbor at 2:15 o'clock and the
first salute was fired. Fort Valdivia,
on the south side of the bay, and Fort
Vergarla, on the north side, replied.
Hundreds of steamboats, tugs, yachts
and other craft, all dressed in honor
of the fleet, carried thousands of pas
sengers out from shore.
A striking piece of landscape dec
oration was the-forming in gigantic
letters of the word "Welcome" by sev-
f eral thousand sailors dressed In white
and lying on the hillside. The beach
was bright with the color of the mov
ing thousands, . the wharves were
crowded, and even the boats in the bay
had their venturesome occupants. Never
(Concluded on Page 4.)
IV 1 1
if - 4 f ' I i
1 1 4 i
t VIENNA. Feb'. 14. A retort la In X
t
IN OREGON'S POLITICAL, BARNYARD
MASSING FORCES
AROUND 10 MEN
Taft and Hughes Lead
ers in the Race.
ANTIS ARE BACKING HUGHES
Strong Among Senators and
Cannon's Friends.
THEY HIDE THEIR HANDS
Opponents of Taft and Roosevelt
Policies Are Corporation Sen
ators Square Issue to Be
Fought Out at Chicago. ..
(Walter Wellman to Chicago Record
Herald.) WASHINGTON, Feb. 14. (Special.)
Returning from the Central West, where
public opinion is so largely pro-Roosevelt
and pro-Taft, one Is surprised to find here
so much opposition to the administration
and the Presidential candidate who rep
resents the administration. This opposi
tion In the National capital has two cen
tersone In the Influence and ambitions
of Speaker Cannon in the House of Rep
resentatives, the other In a small group
of Republican Senators at the other end
of the Capitol.
The Republican Senators who stand out
against the great movement that is going
on throughout the country to perpetuate
the Roosevelt policies, with Taft In the
White House, are for the most part Sena
tors who have close and friendly rela
tions with large corporations such men
as Foraker of Ohio, Elkins of West Vir
ginia, Kean of New Jersey, Crane of
Massachusetts and others of less promi
nence. Antls Gather Around Hughes.
As time passes and the political situa
tion gradually develops, it becomes more
and more apparent that the Hughes can
didacy is drifting into an antl-admlnls-tratlon
movement. As the case now
stands, if there should be any serious
opposition to the administration at Chi
cago, It must cluster around the Hughes
standard. The present indications are
that in the end the struggle at Chicago
will come squarely between the two
forces within the party the Roosevelt
people for Taft, the reactionaries of all
sorts for Hughes.
Roosevelt Saw Line of Cleavage.
President Roosevelt has long believed
that such would be . the outcome. He
has believed that one by one the so
called favorite sons would be forced to
step aside and that in the event of more
than one ballot the culminating battle
must be on this Hue of cleavage: The
friends of the administration on one side
for Taft, the opponents of the adminis
tration on the other side for Hughes. Ipr
this Instance, as in many others, the
President's political intuition and judg
ment have been vindicated by subsequent
events.
The small group of Republican Sena
tors who are trying to defeat the Presi-
dent and Taft do not admit they are for
Hughes. They claim not to be for any
one as yet.
WISCONSIN IS FOR BRYAN
Adopts Resolutions Instructing Its
Ielegates for Commoner.
MILWAUKEE, Feb. 14. When the
Democratic State Convention to select
delegates at large to the National Con
vention at Denver resumed today, Evan
Evans, of Baraboo, was made perma
nent chairman. Mr. Evans made a
lengthy speech touching on various Na
tional Issues and sharply criticized the
Republican party throughout. He con
cluded by paying a glowing tribute to
William J. Bryan, of whom he said:
"Ton see Democracy personified, see
Democracy at her best."
At the conclusion of Mr. Evans'
speech the committee on resolutions
presented Its unanimous report as fol
lows: "The Democratic party of the State
of Wisconsin reaffirms its allegiance
to the time-honored principles of Jef
fersonlan Democracy and declares its
undying hostility to the sham and
hypocrisy of Republican National Ad
ministrations. "It charges that the appalling abuses
disclosed in recent messages of the
President are the direct results of the
long-continued reign of the Republican
party in National affairs. The people
can no longer doubt the Inherent per
fidy of the system of government fos
tered and maintained by the Republi
can party, since the Republican Presi
dent himself has furnished the evi
dence against It. Its malefactors, con
victed and unconvicted, are but the
shameless products of a system of pub
lic plunder and debauchery too long
endured by a patient and suffering peo
ple. "We regard with Just pride and admira
tion that typical American, that match
less leader who has blazed the way to
wholesome public opinion and so ably
championed the cause of the people. His
seal and undying energy; his wise and
far-seeing statesmanship, stamp him as
the greatest living American statesman
and endear him to all those who believe
In equal rights to all and special priv
ileges to none.
"We, therefore, declare that we are
unanimously In favor of that great Com
moner William Jennings Bryan as the
next Democratic candidate for President
of the United States, and we hereby in
struct our delegates to the National
Democratic Convention at Denver to vote
for William J. Bryan as the Democratic
nominee for President, first, last and all
the time."
The report of the committee on resolu
tions was unanimously adopted by a ris
ing vote. The convention then proceeded
to place in nomination candidates for
delegates at large. ,
Delegates at large were elected as fol
lows :
Charles H. Weisse, of the Sixth Con
gressional District; Herbert H. Manson.
of Wausau; J. A. Aylward, of Madison,
and Melville A. Hoyt, of Milwaukee. The
convention then adjourned sine die.
FAIR SONGSTER DEPORTED
Immigration Officials Won't Reveal
Findings Against Woman.
NEW TORE, Feb. 14. Mies J. Trabei
llnl, a singer from the La Scala Grand
Opera-House In Milan. Italy, who, she
says, came to this country hoping to
secure an engagement at the Metropolitan
or the Manhattan Opcra-House, will be
deported tomorrow. This action was de
cided upon by the Immigration authori
ties tonight, although the detailed findings
were not made public. The only Informs
tlon available was that the presence of
the singer in this country was considered
undesirable. ,
CONTENTS TODAY'S PAPER
The Weather.
YE59T"F?niAY8 Maximum temperature, 61
degrees; minimum. 4.
TODAY'S Occasional light rain; southerly
winds.
Foreign.
Reported Assassination of Shah of Persia..
Page 1.
Quarrel about Macedonia arrays European
powers lji hostile camps. Page 2.
Solomon Islanders tomahawk captain, of
labor-recruiting vessel. Page 3.
National.
Senate committee favors suit to forfeit rail
road land grants. Page 4-
Hard shots At Aldrlch currency bill In Sen
ate. Page 4.
Pulton asks for estimate of buying Willam
ette locks. Page 5.
American fleet reviewed at Valparaiso and
given great reception by Chileans. Page 1
politics.
Republicans .rallying around Taft and
Hughes as leading candidates. Page 1.
Wisconsin jDemocrats declare for Bryan.
Page 1.
jDomestlc.
Move to appoint receiver for Mutual Re
serve Life insurance Company. Page 2.
Shippers argue to Senate committee In
favor of a bill to regulate car supply.
Page 5.
Morgan syndicate bids on New York City
bonds. Page 3.
Tornadoes wreck three towns In Mississippi
and one In Texas, taking many lives.
Page 3.
Sport.
Racing automobiles stuck In snowdrifts.
Page 3.
Thompson Colts win flve-men bowling cham
pionship. Page 7.
Parifle Coast.
Ruef and his family present affidavits In
support of Immunity plea. Page 6.
California warned to prepare for new plague
outbreak. Page 3.
Inland Empire excursion at Los Angeles.
Page 4-
Marine Engineers threaten strike which
would tie up coast steamers. Page 4.
Ship Emily Reed wrecked off Nehalem
River; 10 lives lost. Page 1.
Federal Court decision in Joint rate wheat
case. Page 1.
Defaulting Willamette school clerk prefers
jail to bail. Page 6.
Salem people confident McNary will be
named District Attorney Page 6.
Commercial and Marine.
Hop Union promoters still at work. Page 15.
Eastern wheat markets decline but close
steady. Page 15.
Advancing tendency In stock market.
Page 15.
Spring trade opens, but not equal to last
year. Page 15.
Portland and Vicinity.
Defense In Anderson murder trial refuses to
Introduce testimony; rests on state's evi
dence. Page 10.
Order of B'nai B'rlth meets in convention
here tomorrow. Page 11.
Hotel robbed of valise with contents valued
at $500. Page 9.
Demurrer in Title Bank case argued.
Page 14.
H. D- Langllle denounces high taxation of
timber lands. Page 11.
Oregon hop crop for 1007 140,000 bales.
Page 14.
Statement No. 1 has few friends among
Oregon politicians. Page 7.
C. F. Lord explains his arrest m Seattle.
Page 7.
Society turns out for the Assembly ball
Page 10.
Five thousand rose bushes pledged for pub
lic planting day. Page 10.
EMILY REED GOES
E
Vessel and Coal Cargo
Total Loss.
STRIKES NEAR NEHALEM RIVER
Chronometers Are Wrong and1
Ship Gets Too Close In.
TEN OF THE CREW LOST
Captain Sights but One Vessel on the
Voyage From Newcastle Strug
gles Against Storms 25 Fer
Cent Reinsurance Offered.
savf.o.
Captain Kessel.
Mrs. Kessel.
Charles Thompson, second mats.
Barney Sullivan, seaman.
H. Franches. seaman.
Hermann Bartell. seaman.
LOST.
DTTBIB. mate.
WESTLtTND, carpenter. i
HHRSCHPBL.D. cabin boy.
DIXON, seaman.
DARLING, seaman.
JAHNKE. seaman.
COHENSTAD. seaman.
GII.BKRT, seaman.
ABL.ISTEDT. seaman.
JOtrxsON. seaman.
BAT CITT, Or., Feb. 14. (Special.)
The American wooden ship Emily Reed,
103 days out from Newcastle, N. S. W.,
Vith a cargo of coal for Portland, went
ashore half a mile South of the Ne
halem River, on the Oregon Coast, at
1:30 o'clock this morning. The vessel
immediately broke in two and ten
members of the crew were drowned.
Captain Kessel, his wife. Second Mate
Charles Thompson and three members
of the crew were saved.
The survivors were brought to Bay
City yesterday morning and are now
quartered at private residences. The
ship has broken up and will be a total
loss, as will also the cargo of 2110 tons
of coal. The vessel was consigned to '
the Pacific Coast Company at Port
land. Owing to the long passage of
the ship, 25 per cent reinsurance has
been offered on her.
Heavy Weather Prevailing.
During the past few days heavy
weather has been prevailing off the
Oregon and California Coast. The
chronometers of the Emily Reed were
off and the master worked her too
close in to shore before he discovered
his error. Captain Kessel was en
deavoring to make Tillamook Rock. Ma
was correct in his latitude, but too
far to the eastward. When he dis
covered his position it was too late
to wear ship and she struck on one of
the most dangerous places on the
Oregon beach. .
The Reed struck at 1:30 o'clock in
the morning, bow on the beach. There
was a heavy sea running and a strong
flood tide. When she hit the beach
her back broke and the forward end
took a list to port. An effort was made
to launch a life-boat. It was put over
the side with three men in it. As soon
as it hit the water it swamped and
the occupants drowned before the yes
of those 'left on board. The men
forward were swept from the deck by
the waves. The mate was washed
overboard and drowned while trying
to direct the movements of the men
forward.
Strikes at High Tide.
The Captain stuck to the poop and '
forced his wife to remain below. The
second mate and three men In his
watch were stationed on the main
deck. When the forward portion of
the ship listed they succeeded in mak
ing their way aft. By clinging to that
portion of the ship until daylight they
made their way ashore. It was then
dead low water. It was fortunate that
the vessel struck on the top of th
high tide, or none of the officers or
crew would have ever reached the
shore to tell the tale of horror and
suspense.
At a late hour this afternoon there
Is scarcely anything left of the once
famous ship. Her coal cargo is strewn
along the beach for several hundred
yards and it is doubtful whether any
of it can be saved.
Tale of Hard Luck.
Captain Kessel, who is now with J.
O. Bozarth at Bay City, said this even
ing in speaking of the wreck:
"My chronometers went wrong and
I missed my latitude. I had en
deavored to make Tillamook Rock and
was correct in latitude but too far to
the eastward. I had hard luck all the
way f rc n Newcastle and that same
did not desert me. When six days out
from the Australian port I was spoken.
That was in 32 S. 179 W. Since that
time I have seen no one. For, weeks 1
bucked head winds and heavy weather.
One storm after another was en
countered. This morning I was calleif
shortly after the hour of 12 and dis
covered that we were too close in. I
endeavored to haul out but was too
close In. The heavy breakers and the
flood tide carried me well up on the
(Concluded on Page 4.J
ASHDR
ROCKS