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VOL. XX.
PORTLAND, OREGON, SUNDAY MORNING, OCTOBER 13, 1901.
NO. 41.
UGAR BOUNTY CASE
Federal Judge Upholds Levy
ing of Extra Duty
ON IMPORTS FROM RUSSIA
Action, of Collector of Customs Stone
Sustained by JTudge Morris at
BaltimoreDistrict Attor
cey' Argument
)
BALTIMORE, Oct 12. Judge Morris, of
the United States Circuit Court, handed
down his decision today in the Russian
sugar bounty cases, upholding the action
of Collector Stone in levying an extra
tariff duty of 70 cents a hundred pounds
on sugar imported to this country from
Russia by Robert 3D. Iowns, a commis
sion merchant of this city. Mr. Stone's
action "was taken in accordance with an
order from the Treasury Department
dated December 32, 1898, which levied this
additional duty, claiming that the Rus
sian Government allowed a bounty of that
amount.
The attorney for Mr. Downs, in his
argument before Judge Morris, main
tained that Russia paid no bounty on
sugar, and that the legislation in that
country, which gave rise to the action
of the Treasury Department, was simply
an attempt to avoid the evils of over
production. To do this It -was enacted
that all sugars produced above a pre
scribed amount should be taxed double.
This prescribed amount is distributed
among the different manufacturers, pro
portionate to their total production. Sea
port manufacturers in the practical oper
ation of law are allowed to exchange
their surplus sugar for an equal amount
of the free sugar of Inland manu
facture without the goods passing.
The District Attorney for the Govern
ment argued that the Russian Govern
ment practically said to its manufactur
ers: "The more sugar you produce the
more you may sell at home," and gave to
every exporter a certificate which had
a market value on the exchanges of two
cents a pound, and that this was virtually
a bounty on exported sugar.
3IANNIXG THE FORTS.
The Problem Is to Provide n. Suffi
cient Number of Officers and Men.
WASHINGTON, Oct. 12. General John
R. Brooke, commanding the Department
of the East, In his annual report for. the
last fiscal year, expresses gratification at
the progress made at all the artillery
posts, where modern armament has been
installed. The barracks at the infantry
and cavalry posts he found inadequate
in size and he recommends an enlarge
ment. He renews his former recommen
dation in regard to the possibility, In
case of war, of an attack on seacoast de
fenses from the land side, or the rear,
and urges that the approaches from the
directions named receive the attention
which their importance demands.
In an appendix, Colonel Storey, of the
Artilllery Corps, says the most important
problem now pressing upon the artillery
is how to provide a sufficient number of
officers and men qualified to operate thB
mining defenses of our harbors. To oper
ate the mines in the harbors of the
v Tnited States and its distant possessions,
says Colonel Storey, will require about 70
officers and 2700 soldiers. The required
number of officers is so large that they
could not all be spared for this duty with
out seriously crippling the artillery in the
service of the armament.
In an appended report Lleutenant-Col-onel
James A. Buchanan, commanding
the Department of Porto Rico, ays as
to the canteen:
"The sale of beer at the post exchanges,
recently prohibited by act of Congress,
will not, I fear, result to the best inter
ests of good discipline in Porto Rico; the
low price of native drinks, their injurious
effects and the degrading influences which
surround their sale all tend to the un
doing, rather than the uplifting, of the
enlisted man; the number of places where"
these drinks are sold is greater than in
the United" States, thus affording more
opportunity for drunkenness; again, the
cost of beer and other beverages outside
of the post exchange is so great as to
compel the soldier to purchase the cheap
er and more injurious native drinks."
CROWNINSHTELD'S REPORT.
Points Out the Need for More Officers
and Men.
WASHINGTON, Oct. 12. In tls annual
report to the Secretary of the Navy, Rear
Admirai Crownlnshield, Chief of the Navi
gation Bureau, speaks of the reduction
made during the past year in the strength
of the Asiatic fleet, which was drawn
upon to furnish two vessels to Te-establlsh
the European station, and will be further
diminished in order to permit of the com
missioning of at least two training ships
and an increase of the North Atlantic
squadron by two gunboats, and of the
Pacific squadron by possibly one. It is
particularly desirable to have some small
chips for Gulf service on the Atlantic
side. It Is said that the operations on the
Asiatic Station were marked by uniform
success, and that the conduct of our sol
diers and marines in China in the main
was all that could be asked for. The
American fleet, in conjunction with the
Army in the Philippines, It Is stated, has
hampered materially the inflow of arms
and munitions to the islands.
Much attention has been devoted to
gunnery training, and the report says
that the department is about to undertake
a long-cherished project and establish two
gunnery training-ships at the Asiatic
station.
Admiral Crownlnshield declares that the
time has come when in the Interest of
the health of the sailors, of their correct
drilling, of their comfort and of economy,
the United States Navy should follow
the example of every flrst-class navy and
provide barracks in place of receiving
ships. It is figured that the Government
would save annually by this course near
ly $150,000, or the Interest on twice Sle
sum required to provide barracks for WKW
men. It Is recommended that Congress
appropriate for such barracks at New
York. 5S00.OO0, and for league Island anc
Mare Island 5400,000 each.
Sailors wore enlisted during iEe year
o the number of 9KX), making the total
aen In service 18,825. From this number
there were 315S desertions.
The beginning of a general staff of the
Navy is foreshadowed in a transmlttea"
recommendation of Captain Sigsbee, the
Chief Intelligence officer, looking to a
combination in the department of the work
of the general board, the War College
and the office of Naval Intelligence, to be
gin systematically general staff work.
Touching the Naval Academy, the report
Indorses the superintendent's recommen
dation that no -cadet be under IB or over
18 years of age; that the course shall
be four years, and that a 3000-ton prac
tice ship be provided. Six civilian in
structors to take the place of line officers
are recommended. In connection with the
naval training stations, it is recommended
that a small brig of 150 to 200 tons be
built for the San Francisco station.
The most Important feature of the re
port, that of personnel, is reserved for
tho last. Admiral Crownlnshield already
has given warning to Congress of the ab
solutely Imperative need of the Navy for
more officers and men. Now he adds some
startling figures to support his renewed
recommendations. He says if the Depart
ment were called upon to man the ships
for service, it could not meet the demand.
There are not enough line officers to man
the ships already constructed. When, in
three years, the vessels now under con
struction shall have been completed, the
number of officers necessary to man them
and auxiliary vessels "will be 1000 more
than are available, and the problem pre
sented is how these officers can be ob
tained in the short time remaining. At
present the line of the Navy under the
personnel act and as fed from Annapolis
is increasing only at the rate of 10 per
year In number (40 officers being retired
arbitrarily each year) which would make
20 for the three years. According to Ad
miral Crownlnshield, the only remedy is
to increase the number of cadets at the
Naval Academy to not less than 800. It
Is recommended that beginning with the
next Congress there shall'' be allowed at
the Academy two naval cadets for every
Representative or Delegate, two for each
Senator, one for the District of Columbia
and 10 at large annually, and that the
course be limited to four years.
Another striking recommendation of
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Admiral Crowninshleld's under the head
of personnel Is that four Vice-Admirals
be created, reducing the number of Rear
Admlrals to 14 if necessary. It Is said
that the United States often has been
in a humiliating position -on important
occasions abroad by reason of the low
rank of its naval representatives. The re
port closes with an earnest recommenda
tion for the creation of a National Naval
Reserve.
Conference on Reciprocity Treaties.
WASHINGTON, Oct 12. The reciproc
ity treaties now pending before the Sen
ate committee on foreign relations Were
the subject of a conference at the White
House today between the President and
Senator Cullom, of Ilinols. Senator Frye,
of Maine, the ranking member of the for
eign relations committee, was a-caller on
the President but participated only inci
dentally In the conference. He will see
the President by appointment next Mon
day, when it is expected he will present
to Mr. Roosevelt his views on the pend
ing treaties. Senator Cullom has given
the treaties careful consideration during
the past Summer, and at the conference
today presented his conclusions freely
and fully with regard to them.
Senator Lodge Returns.
' NEW YORK, Oct 12. Senator Henry
C. Dodge, of Massachusetts, returned to
day on the steamer St Louis from a
Summer vacation abroad. Because -of the
Senator's intimacy with President Roose
velt, he was besieged by those who sought
to learn his views concerning the policy
of the new Administration. "With Mr.
Roosevelt In the White House the country
Is In safe hands," was all that the Sen
ator could be Induced to say regarding
National affairs.
Ex-Senator Wolcott, of Colorado, who
also returned on the St. Louis after four
months spent abroad, expects to take up
the practice of law at Denver.
Period of Mourning Expires.
WASHINGTON, Oct. 12. The 30 days
period of mourning prescribed by Presi
dent Roosevelt in respect to the memory
of the late President McKlnley will ex
pire tomorrow, and the flags on all Gov
ernment buildings which have been half
masted since the 14th ult will be displayed
again at full-mast beginning Monday
morning. With the exception of the State
Department, the use of black-bordered
mourning paper in official correspondence
will Te discontinued In all the executive
departments after today. The State De
partment will- continue the usual symbols
of public mourning for 30 days longer.
Member of Memorial Association.
WASHINGTON, Oct 12. The president
has designated E. W. Bloomlngdale, of
New York, as a member of the William
McKlnley Memorial Association.
Church-Going In New York.
NEW YORK, Oct 12. The Federation
of Churches and Christian Organizations
has collected reports oh the sociological
and religious conditions of 500,000 of the
population of the West Side, and is now
continuing the work in the upper part of
the East Side. The federation alleges
that it has turned over to the church
care 20,000 families. In point of church
attendance, the Protestant seems to be
a mean, the federation reports state, be
tween the Catholic and the Hebrew. A
very small percentage of Catholics are
found unattached to any church, while
the proportion of Hebrews without syna
gogue connection is declared to be very
large. The unsettled church life and the
wandering habit pf the American church
goer is in strong contrast the reports
declare, to the foreign Catholic constit
uency, which clings to the neighborhood
churchy The Reformed Dutch church
stands first in the list of comparative
church attendance. Members of this
church in one district report a percent
age of 55 as having church homes. Then
in order It was the Catholics, with 90
per cent; the Eplscopals, 86 per cent; the
Methodists, 81 per cent; Presbyterians,
76 per cent; Baptists, 71 per cent; Luther
ans, 71 per cent; Hebrews, 40 per cent
Another Destroyer Buckled.
LONDON, Oct 12. Another torpedo-boat
destroyer, the Vulture, has buckled in
heavy seas. While on her way from
Portsmouth to Portland she had to re
turn to Portsmouth, where It was found
that several of her plates were broken in.
EIGHTY YEARS OLD
Professor Virchow's Birth
day Celebrated in Berlin.
BANQUET IN THE PRUSSIAN DIET
The Aged Scientist Declared He'
Would Visit America When. He Is
Ninety Papers' Comments oh.
His Achievements.
BERLIN, Oct 12. (Prominent- men of
science from all parts of the world as
sembled here today to join In the celebra
tion of the 80th birthday of Professor
"Virchow. The newspapers today devote"
columns to eulogy of the professor. Many
distinguished officials assisted at the cere
monies, which took place at the Patho
logical Institute. Professor Virchow, on
.. - -o- -
Assembly of tKe Portland Hiint Cliib for Yesterday's Paper CHase.
entering the hall, received an ovation.
The octogenarian made a speech, which
lasted nearly two hours. It was mostly
devoted to development of pathological
science.
The chief function in the evening was
a -banquet given in the lobby of the lower
House of .the Prussian Diet, which was
attended by a gathering 'equally as -distinguished
as that -present at the cere
monies during the day. Professor Wal
deyer, secretary of the Academy of
Science, presented to Professor Virchow
50,000 marks subscribed by the medical
men of Germany to Increase the endow
ment of Virchow Institute. SlrStudt an
nounced that Emperor William" had con
ferred upon Professor Virchow the great
gold medal for science and read the Em
peror's letter accompanying the decora
tion, which said in part:
"You have broken new ground and laid
fresh foundations for medical science.
Your name is written boldly upon the tab
lets of. history and is honored far beyond
the borders of the fatherland."
The King of Italy sent Professor Vir
chow a gold medallion bearing a portrait
of himself. During the afternoon three
Americans, Messrs. Honan, Duckie and
Burrls, called on Professor Virchow and
after tendering their congratulations, in
terrogated him as to when he would visit
the United States. In reply to their In
quiry the professor said he would make
the visit when he was 90 years old.
The papers were full of comments on
his life and achievements. The Vosslsche
Zeltung says:
"Delegates from all countries will he
here Sunday (Virchow was born October
13, 1821) to congratulate Professor Vir
chow, the octogenarian, sound In body
and mind. There is no nation and no city
which has not mentioned admiringly and
thankfully his accomplishments for the
glory of Germany and the benefit of man
kind. All fields of medical science have
been influenced by him and all physicians
are his disciples, on both sides of the
ocean. His name Is second to none. There
fore, the dignitaries of science gathered
honor themselves In honoring their well
deserving leader."
Most of the newspapers here referred
feelingly to Mr. Kruger's birthday. The
papers also comment In sympathy on
the two years' war, pointing out that
the remarks of the British War Secretary,
Mr. Brodrick, and the Chancellor of the
Exchequer, Sir Michael Hicks-Beach, fur
nish proof of the desperate situation of
the British and show there is still hope
for the Boers. The Deutsche Zeltung
closes an article on the subject as fol
lows: "The whole civilized world thinks of
the Boers with pride and hopes for in
tercession. -Our hearts' greetings and our'
thoughts are with the aged Mr. Kruger,
who hasj lost his wife and favorite son,
and with the iron-willed Steyn and Botha
and the other heroic fighters."
The Kreuz Zeltung eulogizes the hero
Ism of the Boers in the following words:
"Consider the moral momentum of the
desperate struggle of the pastoral tribes
with the great power. Even the struggle
of The Netherlands against Spain cannot
be compared with It They (the Span
lards) were never 10 to 1, as is the case
in South Africa. Though England wastes
milliards and sends armies against them,
the Boers resist and in fact they gain
ground. The question is raised, beyond
the channel, how will it end?"
The papers make light of the cruiser
Vineta incident at Porto Cabello, Vene
zuela. The National Zeltung says: "Un
doubtedly Venezuela will give satisfac
tion. The cause of the conflict is likely
to have been a fight In which sailors are
frequently Involved ashore. The attack on
the German vessels obviously places the
blame on Venezuela."
In official circles here no importance is
attached to the incident, as nothing has
been heard from the Captain of the Vin
eta on the subject
The Berliner Neuste Nachrichten says:
"Undoubtedly the imperial government
will ask for the punishment of the guilty.
No definite Idea, however, can be formed
upon the reports received as to the cause
of the incident This will first be ascer
tained through details from a reliable
source."
A dispatch from Beyruth says that the
heirs of the composer Wagner have re
solved to hold hereafter an annual fest
spiel. i
The Roumanian Minister herer declares
that there is no truth in the newspaper
report that the Koumanian Government
will be unable to renew its commercial
treaty with Germany, if the latter coun
try adopts the tariff bill.
The Colonial Secretary will establish an
information bureau for emigrants April 1,
1902, ' provided 'the Diet furnishes the
means. The manager of the society has
been entrusted with the preliminary work.
Count von Waldersee Is " still confined
to his bed by the painful sore on his leg.
He has refused to consult another physi
cian. Crown Prince Frledrlch Wllhelm will
leave Kreuth, Bavaria, Tuesday, for Bonn.
Emperor William is still Indisposed. Ho
Is suffering from stomach trouble, said to
be the result of drinking: much tea in or
der to reduce his weight.-'
A SENSATIONAL SUIT.
Princess Radziwill Figures in a Case
at Cape Town.
CAPE TOWN, Oct 12 Sensational de
velopments are expected from a case
which was heard in the Supreme Court
today, In which Thomas 'Louw obtained
judgment in 1150 against Princess Rad
zlwill. , The money was advanced on a
promissory note for 2000, drawn by the
Princess and purporting. to have been in
dorsed by Cecil Rhodes. Mr. Rhodes" re
pudiates the indorsement and all rknow-
oo0o0O
ledge of the affair. The court allowed
the case, as against Mr. Rhodes, to stand
over until November, pending the arrival
of Mr. Rhodes' affidavits. Princess Radzl
will, who was present in court, has been
a frequent visitor to South Africa and
the case has aroused alKthe greater in
terest," because the princess 4jas,- appar
ently," always been oh"f riendly "terms with
Mr. Rhodes and the circles of which he
was the leader.
LONDON, Oct. 12. The London Times,
August 8, published the following:
"We understand that attempts have
been made to negotiate certain promis
sory notes purporting to have been In
dorsed by Cecil Rhodes. We are In
structed to state that If any such Instru
ments are in circulation they are forger
ies." This notice was Inserted by B. A. Baw
,kesly, counsel for Mr. Rhodes. Princess
Radzl will Is the Princess Catherine, who
lived at the Carlton Hotel, London, in
luxurious style. Mr. Rhodes will' leave
here for Italy Sunday.
Rhodes in Poor Health.
LONDON, Oct. 12.-Cecll Rhodes, whose
part In politics and empire-making is
vividly recalled by the Schnadhorst let
ters, Is living almost absolutely alone at
a quiet hotel, on a diet, and is receiving
attentions as though he is seriously 111.
There Is no doubt that he Is suffering
from heart disease, and Is no longer the
robust man of former times, yet he did
not miss a day this week at the office of
the British Chartered South African
Company, burying himself in details and
conducting tedious meetings without com
plaint or mention of his ill health. After
these duties, however, in the quiet of his
hotel, he seems to become almost a wreck,
"like a man liable to go off at any "mo
ment," as one of his few visitors said on
coming out, of his room.
Usually Mr. Rhodes Is supremely indif
ferent to public sentiment, preferring
rather to ride rough shod over criticism,
but in the matter of the Schnadhorst let
ters he has expressed the keenest desire to
hear public comment. His" efforts, how
ever, have met with slight success.
Fountain Plans Referred Back.
NEW YORK, Oct. 12. A dispatch from
Berlin to the Times says that after listen
ing to Chief Burgomaster Kirschner's
account of his Interview with Emperor
William, the City Magistrate decided to
refer the plans for the fountain In the
Frledrichshaln Park, which the Kaiser
disapproves, back to the art committee of
the Municipal Council. The committee is
asked to report to what extent it is pos
sible to heed the Emperor's -suggestions
while not sacrificing the fundamental
Idea of the design, and while maintaining
the legal position of the -Council.
Carlist Invasion Planned.
NEW YORK. Oct. 12. A special corre
spondent of the Herald at Cerbere,
France, cables as follows: .
"Carlist agents are overrunning the
Province of Lerlda, At a meeting of
Carlist chiefs held at a house In the Rue
Fusterle, at Perplgnan, under the presi
dency of General Moore, It was resolved
to enter Spain by way of Lerlda and
begin the Insurrection. General Moore
has left for Marseilles." .
French Associations Law Ignored.
NEW YORK, Oct 12 A dispatch from
Paris to the Times says the Assump
tionists have disposed of their effects In
France, but the Jesuits are believed to
have considerable property that has not
been transferred to other hands. The
Paris Assumptionists' Nursing Sisters
have neither applied for authorization nor
migrated, having thus far ignored the
laffr of associations. '
Turkish Spies Demand Their Pay.
CONSTANTINOPLE, Oct. 12. The Otto- 1
man students in Paris, who are generally
secret agents of the Turkish. Govern
ment, have telegraphed to the Sultan de
manding the immediate payment of their
allowances. , Otherwise they threaten to
launch an agitation which will endanger
the throne. .
"Will Study American Methods.
ST. PETERSBURG, Oct 12. Major-Gen-eral
Retink, manager of the battle-shipyards,
is going to the United States to
study the American steel industry. The
construction of the American-built Rus
sian cruiser Varlag has surprised him. " ,
STORMATNQM
Every. Lighter Anchored Off
the -Harbor Is Ashore.
GOVERNMENT TUG ON BEACH
Sailing Craft and Steamers Went to
Sledge Island on the Approach of
the Gale toss of Lighters Will
Greatly Delay .Steamers.
PORT TOWNSEND, Wash., Oct 12.
Nome has again been visited by a severe
storm, according to advices received here
today .by the steamer John S. Kimball.
The storm commenced on the night of
September , 26, and continued for three
days with increasing fury. As a result,
every lighter that was anchored off Nome
Is ashore, and the Government tug Cap-
oo --
tain Warden Is on the beach. The bot
tom of thp big barge Skookum, which
was wrecked during -the big storm last
year, was washed up on the beach, and
.what was left of .the Catherine Sudden
was shifted .higher on the. sands. The
'beach is strewn with lumber and light
rwreckage. VtThe stqrm w,as from the
''southeast, and on ' its approach ail the
sailing craft and the small steamers In
the roadway took a hasty departure for
Sledge Island, where, under its protection,
they succeeded in weathering the storm.
While the storm was almost as severe
.as the memorable storm of last year, the
damage was slight, owing to there being
Jbut little shipping in the harbor and the
Jwaterfront was better protected. The
most serious damage will result from
'the delay in getting lighters afloat so they
'can be used in discharging a large num
ber of sfeamers due at Nome. Some
fears are entertained that they cannot be
repaired soon enough for the cargoes to
be discharged in time for the vessels to
get out before navigation closes.
The loss of life thus far reported 'oc
curred after the storm was abating. Tho
schooner AbMe Deerlng sailed in, and
Captain George Stevens, of the schooner
Prosper, which was wrecked at Cape
Llsbiirne on August 26, and a man named
Tracy Robertson attempted to go ashore
in the ship's boat, against the advice of
the captain' of the Deerlng. The sea
from the Deerlng to the beach was one
mass of foam and before the men got a
great distance their boat capsized and
both of them were drowned. Captain
Stevens owns considerable property in
Nome, and was heavily interested in
mines. Tracy Robertson was from Se
attle, and at one time was secretary of
the Chamber of Commerce of that city.
The bodies of both men were recovered.
At the time of his death he was man
ager of the Oceanic Packing Company,
and a prominent society man.
The Kimball brought down 330 'passen
gers and $300,000 in treasure. The pas
sengers report that all the steamers from
Nome until the close of navigation will
be taxed to their utmost capacity in
bringing passengers, and that many will
be unable to secure transportation on
the number of vessels listed' to sail
south. .
REIGN OF TERROR AT NOME.
Hold-Ups and Robberies Are of
Nightly Occurrence.
PORT TOWNSEND, Oct. 12. The
steamer Kimball, just in from Nome, re
ports that a reign of terror prevails
there. Hold-ups and robberies are of
nightly occurrence. Men are being sand
bagged and robbed In broad daylight
when caught in lonely places. Sluice
box robbers are frequent, and several
mines have been robbed of from $500 to
$2000. Business houses have been entered.
Even women walking ,the streets are
made victims. On September 29, two
masked men entered the store of Mrs.
S. M. Hovey and at the point of a pis
tol forced her to give up $500.
Nome to' Have a. Stage Line.
Nome will have Winter communica
tion with the outside world by means of
a stage line. Norman H. Smith is at the
head of a company which will conduct
the stage line. Smith recently arrived
at Nome, bringing with him 50 head of
horses and a large number of dogs. He
proposes, during the Winter, to run
'stages from Nome to Illiauma Bay, a dis
tance of 800 miles, carrying passengers,
mail and express. Along the route there
will be 35 relay stations. Illiauma Bay
can be reached by steamers during the
Winter? '
Mine Again Distinguishes Itself.
Discovery claim, on Anvil Creek, has
again distinguished Itself. On Septem
ber 14, $1552 in nuggets was picked up,
and on September 29 it yielded another
weighing $1729.
Robertson Well ICnovrn In Seattle.
SEATTLE, Oct.- 12. Tracy Robertson
was well known in Seattle, which had
been his home for many years. He was
the son of William Robertson. As secre
tary of the Chamber of Commerce he was
long promlnentin the affairs of this city.
Severing his connection with the Cham
ber, he several years ago engaged in
Alaska pursuits, operating extensively in
Nome. He was engaged In Behring Sea
fish companies. Mr. Robertson was mar
ried in 1893 to Miss Blanche Relfe daugh
ter of the late W. S. Relfe, of this city.
He was a brother-in-law of Linn Relfe,
who was- murdered on the Yukon by
George O'Brien Christmas. 1S20. Mr. Rob
ertson was 33 years of age. His widow
and two children reside with Mrs. S. Rob
ertson's mother, Mrs. Relfe. in this city.
MILLIONS FOR AN INVENTION
Salts Involving the Rights to a
Railroad Car Brake.
DENVER, Oct 12. The News today
says:
"Fifteen suits, aggregating nearly $1,
500,000, have been filed in the Federal
Court in this city. These suits are against
all the principal railroads having repre
sentatives in Denver. A larger batch
will be filed In Chicago and New York,
and the total sum asked for .will bo
greatly increased. The suits have been
brought by Colonel George W. Cook, for
merly connected with the Denver & Rio
Grande Railway. They are aimed at all
the railways and car companies of the
United States and Canada. They in
volve adjudication of a patent car brake,
which was originated in Denver nearly 20
years ago. Tho suits are for infringe
ments of the brake, the principles of
which are alleged now to be In actual ap
plication on every railroad on the conti
nent 'The patent was Issued March 27,
18S3, to Simon P. Weller, Sylvanus Wanee
and George Roesch, all of Denver. Wel
ler Is now master mechanic of the Mis
souri Pacific Railroad at Sedalla, Mo.
"Judge Stewart D. Walling, of this city,
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jt!S&r&'l
y? 3wo. kc;
has been engaged to look after the Den
ver end of the case for the plaintiffs, and
United States Senator J. R. Burton, of
Kansas; Dyrenforth, Dyrenforth & Lee,
of Chicago, and L. C. Boyle, of New York,
will also assist In the case. Following
. are a, few of the principal claims:
1 TAnM.n.nrA . niAniq
&-Ull&,rY.U,lIlt. ..-.......W..v........fOXV,7'3X.
Southern Pacific 211,590
New York Central 295,207
Pullman 285,125
Santa Fe . 187,687
Union Paclhc 115,927
Erie 254 947
Baltimore & 6hIo" """! " " " " " 253,'594
"The assessment is based upon a charge
of ?750 for each car upon which the pat
ented brake is used."
Forged Railroad Tickets.
NEW YORK, Oct. 12. James Charlton,
chairman of the Transcontinental Passen
ger Association, Issued a call today for a
meeting of the association In St Louis
November 19. At that time the matter
of recently discovered forgeries of tickets
of the Cleveland & Buffalo Transit Com
pany will be considered. The forged tick
ets read from Cleveland to Arcadia, N.
Y., originally. In the hands of the
forgers they were made to read from St.
Paul to Seattle, from Omaha to San
Francisco, and from New York to Cleve
land, and were honored respectively by
the Northern Pacific, Union Pacific and
Erie Railroads. It is believed that other
tickets of the Cleveland & Buffalo Com
pany have been forged, and the trans
continental association today sent out no
tices to all members, warning them of the
tickets.
Sale of the Omaha & St. Louis.
OMAHA, Neb., Oct. 12. When Special
Master in Chancery Robert H. Kern at
noon today offered the franchises and
property of the Omaha & St Louis Rail
road for sale at public auction, there wa3
but one bid. Edwin "W. Sheldon, of New
York, representing W. Emlen Roosevelt,
chairman of the bondholders' committee,
offered $1,250,000 for the property, and It
was knocked down to him at that 'price.
The road will be turned over to tho Wa
bash Company, and will be operated by
that road.
Gould on nn Inspection Tour.
KANSAS CITY, Oct. 2. George J.
Gould arrived In this city tonight from
St. Louis, on his annual tour of inspec
tion of the Western roads in which he
Is interested. He Is accompanied by Mrs.
Gould, his two sons and several officials
of tho Missouri Pacific Railroad. Mr.
Gould and his friends will remain in their
special car during the night The party
will leave here at 7 o'clock tomorrow
morning for Ossawattomle, Kan., and
from there go to Colorado.
To Amend Bankruptcy Law.
NEW YORK, Oct 12. The Journal of
Commerce says:
The National Association of Re
ferees in Bankruptcy has started
an investigation to learn the sen
timent of the business community
throughout the country regarding amend
ments to the National bankruptcy laws.
This investigation has been undertaken
at. the request of Hon. George W. Ray,
chairman of the judiciary committee of
the Fifty-sixth Congress, and is being
conducted by the National Association
of Referees' executive committee, of
wnicft Morris S. Wise, of this city, Refe
ree In bankruptcy, is chairman. After
learning the views of business interests,
the executive committee will report the
result of Its Investigation to the judiciary
committee. Besides Chairman Wise, the
other members of the executive commit
tee of the Referees' National Association
are: C. Eastman, of Chicago; D. L. Gray
son, of Chattanooga, Tenn.'; Charles F.
Aldrich, of Worcester, Mass.; Harold
Remjngton, of Cleveland, O.; J. G. Slo
necker, of Topeka, Kan.; and M. C. Park,
of Waco, Tex.
.
"Workings of Iowa Mulct Lair.
DES MOINES, Oct 12. The State Su
preme Court decided that a city has no
statutory authority to prescribe a fine
for the violation of that section of the
Iowa mulct law prohibiting open saloons
on election days, holidays or Sundays.
The mulct law provides that in case of
such violation the saloon-keeper loses his
rights under the law and becomes sub
ject to the prohibitory law, and may be
indicted and his saloon closed. Cities may
not reduce this penalty to a nominal fine,
as in the case decided.
GHER VALUATION
Railroads Before the Board
of Equalization.
INCREASE IS CONTENDED FOR
E. B. Watson Argues In Favor o
Larger Assessment, While Rail
road Attorneys Oppose Present
Method of Valuation.
The County Board of Equalization yes
terday listened to arguments! pro and con
upon the petition of J. A. Clemenson that
the assessment of all the railroads In
Multnomah County be rafsed by a change
in the manner of assessment. Judge E. B.
Watson argued the petition," for Clemen
son, while three railroad attorneys ap
peared in opposition thereto. The O. R. &
N. was represented by W. W. Cotton, tho
Oregon & California by W. D. Fenton.
and the Northern Pacific by C. H. Carey.
In addition to this array of legal talent
three railroad taxation agents were pres
ent and took a deep Interest In the pro
ceedings. These were Jay Sedgwick, of
the Northern Pacific; Ahio Watt, of the
O. R. & N., and W. W. Bretherton, of
the Southern Pacific Company.
The board, after listening to the argu
ments of counsel on both sides, took the
matter under advisement, and It was
stated by one of the members that a de
cision will probably be rendered this
week.
Briefly stated. Judge Watson'3 conten
tion Is that under the present method of
taxation, the railroads are not paying
their fair proportion of taxes in Multno
mah County, or in the other counties of
the state, either, for that matter. He
contends that the legal way to assess
the railroads Is to take the gross earn
ings of the entire system, and to deduct
therefrom operating expenses and taxes of
the entire system, excluding from such
expenses interest on bonded indebtedness.
This would give the net earnings, which
he would divide by the number of miles
in the system to determine the net earn
ings per mile. He would then take the
number of miles of road in Multnomah
County and capitalize them at the rate
of 5 per cent; that is to say, he would
figure tho roadway paying 5 per cent on
its capital. This, he contends, would give
the total value per mile oC roadbed, roll
ing stock and depot grounds. From the
value per mile he would deduct the as
sessed values of all depot grounds and
rolling stock, which would give the value
of the roadbed. This he would assess at
one-half the valuation, as other property
in the county is assessed. The effect of
such a method. It is said, would raise
the valuation of the roads about 40 per
cent
Judge Watson, in his argument, laid
particular stress on a decision of the Su
.preme Court oC thiastate that .the Asr
sessor, in fixing the value of a railroad,
had a right to take into consideration the
net earnings of such road. Judge Watson
Insisted that this decision makes It the
duty of the Assessor to take into con
sideration the net earnings 'for the en
tire system from one end to the other.
This latter contention constituted the prin
cipal difference of opinion between Judge
Watson and the railroads.
The railroad attorneys contended that
the decision in question did not pass di
rectly upon this point, but by inference
declared that only Une3 in Oregon could
be taken into consideration in arriving at
the net earnings. Mr. Fenton, for tho
Oregon & California, admitted, under the
decision quoted, the right of the Assessor
to consider net earnings on the Oregon &
California line, but most vigorously pro
tested against the figuring In, in order to
arrive at the earnings of the Oregon &
California, the earnings of the entire
Southern Pacific system, of which the
Oregon & California is hut a component
part. Mr. Fenton contended further that,
taking net earnings Into consideration,
the assessment of tho Oregon & Califor
nia line could not be raised above $5000
per mile, the amount of the present valu
ation in Multnomah County.
Messrs. Cotton and Carey joined with
Mr. Fenton in the position that the As
sessor cannot take into considaratlon tho
net earnings of their respective systems
outside of Oregon to strike an average.
While It would be very easy to arrivo at
the net earnings in this state of the
Oregon & California line, they pointed out
the extreme difficulty involved In arriving
at the net earnings of the O. R. & N. and
Northern Pacific, the greater portion
of whose business Is interstate. No sepa
rate books are kept of the business done
or originating in the different states, and
it would require annually the work of
several experts, so It was pointed out, to
compute the net earnings In this 3tate
alone.
(Messrs. Cotton and Carey contended that
the true way to arrive at an equitable
valuation was to take Into consideration
not only the actual value of their prop
erty, as property, but the sparseness of
population, the difficulties encountered in
railroading In this section of the country,
and all other attendant circumstances. To
arrive at the net earnings of the North
ern Pacific road In Oregon by figuring
in the earnings in Montana and the Da
kotas was, according to their contention,
contrary to law and against equity.
The point Involved is a most interesting
one and has created considerable com
ment among railroad men. Judge Wat
son and Mr. Fenton were opposing counsel
in the case wherein the Supreme Court
rendered the decision referred to, and
they differ radically In construing what
the court meant.
Increase In Building.
CHICAGO, Oct 12. Statistics of build
ing operations in 19 cities are published In
Construction New3 today. In all the
larger cities the record for the first nlno
months of 1901 surpasses those of a similar
period during the past decade. During
September 4S48 permits, Involving an ex
penditure of $15,914,533, were taken out,
a3 against 4493 buildings that cost $12,675,
8S7 for the same period last year an in
crease of 355 structures and of $3,238,6-15
In their cost or a general Increase of 26
per cent In point of total amount New
York lead3 with $3,576,625, and Chicago I3
second with $2,914,10), while Brooklyn,
Pittsburg and Philadelphia are close up.
As regards highest percentage, Mllwaukea
Is first with 295 per cent increase over
September of 1900.
Dowielte Refunds Money.
LA FAYETTE. Ind., Oct 12. William. S.
Peckham, cashier of Dowle's Zion Bank.
Chicago, formerly treasurer of the school
board of this city, has returned $393 re
tained by him as Interest money before
his conversion to Dowleism. In a letter
Peckham explains that he thought at the
time he was legally entitled to retain the
Interest.
Pope Received Chnpelle.
ROME, Oct 12. The pope today received
In audience Archbishop Chapelle, apostolic
delegate to the Philippines.