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About The Sunday Oregonian. (Portland, Ore.) 1881-current | View Entire Issue (Aug. 26, 1906)
TILE .SUIAr0KEtrOJL',I'01UX .R6,,,JUHe bugs CHARGE HOME TO " MAYS C. E. S. Wood, Strong Witness " for Government in Con spiracy Case. ASKED TO GO INTO DEAL Defendant Proposed That the State Wagon I load Lands Be Included In Reserve, and Offered to Fix Matters. Colonel C. E. S. Wood, whose cross examination did not begin with the stereotyped question, "You have been in dieted in connection with these so-called land-fraud cases. I presume?" was the star witness in the Blue Mountain Forest Reserve conspiracy trial yesterday anrj gave the most damaging testimony yet produced against Franklin Pierce Mays, Hie alleged arch-conspirator. By tho Portland lawyer, poet, philoso pher and man of letters the Government set out to prove, not only that Mays had a direct interest In the creation of the forest reserve and advance information as to its establishment, but the mora im portant fact that he assumed to be able to dictate Its boundaries. These facts have been touched upon by other wit nesses, but all have been either parties to the alleged conspiracy or defendants under the stigma of indictment In other land-fraud cases. The substance of Colonel Wood's test! mony was that Mays came to him less than a month before the lands recom mended by Forest Superintendent Ormsv by to be Included in the reserve were withdrawn from entry.' July 28, 1902." and made the direct proposition to Include In the. reserve about 10.000 acres of lands belonging to the Willamette military "wagon road land grant, provided the owners of the grant, whose interests Col onel Wood represents, would give him 50 per cent of the profits to be derived from exchanging the included lands for Gov ernment scrip. This proposition was made. Colonel Wood testified, after Mays' offer to pur chase the lands outright had been re jected, and though it would have netted him about $20,000, was turned down by the owners of the land grant, principally for the reason that they desired to keep the grant intact, and preferred the lands themselves to lieu land scrip. Chance for Ormsby to Explain. Significant circumstances In connection with Colonel Wood's testimony, from the Government standpoint, are that at the time this proposition was made. Forest Superintendent Ormsby's letter recom mending Inclusion of about 10.000 acres of the wagon road lands in the reserve, was already on its way to Washington, and that, when the President finally Is sued the proclamation creating the re serve, all but two sections, 1280 acres, of the granted lands were carefully ex cluded. - It was Captain Ormsby's sworn duty, under his Instructions from the General Tand Office, to exclude all granted lands possible in mapping out proposed forest reserves, and the Government regards his Inclusion of the wagon road ' lands In this case as strongly tending to prove the charge that Captain Ormsby was a party to the conspiracy and took his orders from Mays in fixing the boundaries of the reservation. Remissness .and Fraud. Colonel Woods was on the stand most of the morning session. In the afternoon the only witness was J. L. Wells, a no tary public, who admitted having pro cured large numbers of applications for the purchase of school lands for the De fendant Jones in 1900. On direct exam ination his testimony- was that, acting as Jones' agent, he paid dozens of per sons" who signed the applications J2.50 each for their signatures, and was paid $5 by Jones for each application secured. A large number of these applications were introduced in evidence, and, al though all were ostensibly signed and sworn to before WellB as a notary pub lic, he admitted that he had never seen many of the signers. He also testified that the many alterations and erasures appearing in the land descriptions in the applications had been made subsequent to their execution. The Government will attempt to prove that these alterations were made by the defendants, or other conspirators, and will use the applications' to prove fraud in the procuring of the school lands, which, It is alleged, the defendants con spired to include til the forest reserve for the purpose of scripping them, as Colonel Woods said Mays wished to scrip the wagon-road lands. The only other witness was lan W. Tarpley, who was briefly cross-examined at the morning session. Will Call Hitchcock's Secretary, Prosecutor Heney stated last night that among Jhe witnesses who will be put on the stand before the close of the trial Is W. Scott Smith, private secretary to Sec retary of the Interior Hitchcock, who will be sworn to prove that Mays and his fellow-conspirators received no advance Information from Secretary Hitchcock re garding the establishment of the Blue Mountain reserve. Tarpley's testimony on Cross-examination was confined principally to telling the Jury that he had once been convicted in one land-fraud case, and was await ing trial under indictment In another. He changed his testimony In some re spects as to his visit to the state capital to purchase school lands in the Blue ' Mountain reserve, making it less favor able to Defendant Sorcnson. He naively admitted that he had refreshed his mem ory by talking with Sorenson yesterday morning; also that further refreshment had come from a later conversation with Prosecutor Heney, who had delicately hinted that witness was holding back something in his testimony the day be fore. Sumpter's Protest to Mitchell. Nathan C. Richards, a lawyer of Sumpter, Or., was called out of his turn in order that he might finish bis testimony and return home. He said he came to Portland on October 25, 1902, with the delegation of mining and busines men to protest to Senator Mitchell against the inclusion of parts of the Sumpter mining- district In the Blue Mountain reserve. Senator Mitchell told the delegates that he did not think he could do anything in the mattery that they had best get up a petition of protest and send it to him at Washington. Judge Pipes objected to the testi mony on the ground that Captain Ormsby had testified that the reserve, as he recommended it, did not include any of the mineral lands In regard to the proposed Inclusion on which the protest was made. Mr. Hney Insisted that the protest was over the same . withdrawal and that he believed some .of the lands In which the delegation was Interested were Included In the Ormsby report. On croes-examlnntlon by Mr. Fenton, Map Showing Boundaries of Blue Mountain Forest Reserve, Now Subject to Criminal Proceedings in the Federal Court Heavy Lines Indicate Ex terior Bounds. The trial of Franklin Pierce Mays. Willard N. Jones and George Sorenson, now progressing In the Federal Court, is attracting wide spread attention from all parts of the country. The three defendants were Indicted February 13, 1903. and charged with a violation of sec tion 5440 of the United States Revised Statutes In having, after fraud ulently acquiring" title to about 200.000 acres of vacant school sections ill portions of Union, Umatilla, Baker, Grant. Malheur, Harney, Crook .nd Wheeler Counties, sought to incorporate the tracts within the limits of what has since been established as the Blue Mountain forest reserve. The scheme, was to have the reserve created through the In fluence of United States Senator Mitchell and Binger Hermann, then . Commissioner of the General Land Office, and the school sections for which the alleged conspirators paid the State of Oregon $1.23 an acre, could thereupon be used as basis in the selection of any- vacant public lands of the Government, under the forest reserve lieu land act of June 4, 1S97. The so-called "scrip" thus created was readily worth $6 an acre, hence a clear profit of about $3 an acre was made on each location in the proposed reserve. Through tiie efforts of Secretary of the Interior Hitchcock, the scheme was nipfied in the bud, and the reserve was not established unt after the repeal of the forest reserve lieu land act, thus preventing the complete consummation of the fraud '7 '9 9 Z Zf A3. SOME FACTS PKRTAIN'IXO TO BLUE MOUNTAIN i'OKKST KESEKYK. Acres. Area of Blue Mountain for est reserve ...3,600,000 Connecticut (land and water surface) 3,501,680 Delaware (land and water surface) 1,523,200 Rhode Island (land and wa ter surface) 798.0K0 District of Columbia -44,160 Temporarily withdrawn July 28, 1902. Confirmed bv executive proclama tion July 15, 1906. Contains almost as much terri tory as either of the States of Maryland. Massachusetts, New Hampshire. New Jersey or Ver mont; is larger than Connecticut, Delaware.. rJiode Island or the Dis trict of Columbia, and covers a larger area than the land and sea surface of Delaware. Rhode Island and the District of Columbia com bined. witness said he did not know whether any of the Sumpter mineral lands were included In the ormsDy report, anu defined in a general way the boun daries of the reserve as it was finally created by Presidential proclamation. Against Any Form of Reserve. Mr. Richards created something of a sensation by asserting emphatically during Mr. Fenton's cross-examination that he was opposed in principle to the creation pt any forest reserve. "They do no good," he declared, "and I am opposed to their creation even when they do not conflict with mining interests. The cutting off of the larger trees in the water sheds does not impair the water supply. As a' atter of fact, there is more wajer than before in those parts of Eastern Oregon where the larger timber has been cut. It Is the underbrush that holds the moisture and the larger trees simply hinder the storage process." Mr. Fenton asked witness wnetner. since the forest reserve had been cre ated embracing more than twice the territory included in the Ormsby re port, the mining men of Baker City and the Sumpter district had taken any steps to have the Government re scind its action, o'r whether they had acquiesced in it as being in line with President Roosevelt's policy. Witness laughed heartily. "Well, Mr." Fenton, we have acquiesced like people usually do when they are in that sort of a position. We believed we were up against it and let it go t that." C. K, S. Wood was the next witness. He testified that he had been attorney for the Willamette State Military Road land grant since 1887 and described the limits of that grant, which years ago fell into the hands of wealthy Cali fornians, who have since withheld most of It from the market. Mr. Wood testified that in the latter part of June, 1902. he had two conver sations with Defendant F. P. Mays in regard . to lands in the wagon road grant. Mr. Mays came to witness and wanted to know whether he could buy all the grant's holdings in the Eastern Oregon townships. Mays Depreciates the Land. "He said these lands had been de nuded of all valuable timber by tres passers," witness said In substance, "and were of little value, but that he wanted them and would pay, I think he said, Jl an acre. I tola Mr. Mays at this time that it was the policy of the owners of the grant to hold it Intact, hoping-- that they could induce a rail road to come in and take it, and that I did not think we could sell. "Three days later, on June 28, Mr. Mays came , to me again and told me that a forest reserve was about? to be created and asked ff the grant's land's In contiguous territory were Included In the reserve, would we rate out land at $1 an acre and divide with hira the net raise in the price that could be got by scripping it. "He wanted me to wire my people and get an answer at the earliest mo ment possible, as time was pressing and lie had to communicate with Washington. I told him that I could not wire the offer, but would write and get an answer by wire, which I did, getting an answer declining Mr. Mays' proposition about June 30." "Mr. Woods, were any of the lands In your grant included in the Ormsby report?" No Grant Lands Included. The witness was shown the map marked by Captain Ormsby and after an examination of it said that if the wagon road were correctly marked on the map none of the lands In the grant could have been Included in those rec ommended by XTaptain Ormsby for withdrawal. "I can say. however," added the wit ness", "that when the reserve was finally created by the President, just two sec tions of our land were included in it." On cross-examination witness stated that when the map of the reserve was made he noticed that the department had taken considerable pains to exclude the wagon road lands. This witness un derstood to be Jfhe general policy of the Government. Cross-questioned further by Mr. Fen ton. Mr. Woods stated that he and his people were unalterably opposed to break ing their grant by making individual sales. -Their object was to sell It entire, preferably to some railroad wishing to build through Central Orogen. This was one of the reasons for the refusal of Mays' offer. No Scruples About Scripping. Witness said he would have had no scruples soripplng land Included in a Gov ernment reserve; that was perfectly legitimate: but inasmuch as the wagon road lands had been carefully selected In the first place his people considered them more valuable than scrip, acre for acre. j r I ' I rj 1 1 I I I 1 1 v t Tp - iL. Tt- : . L. 1 1 23 2 Zr 2S 27 28 r r 1 pj rLLr: r t Z4Tj2'. . 1 l zj III" .... ....... .4 Therefore the owners of the grant were anxious that their lands be kept out of any reserve. J. L. Wells, of 600 East Ankeny street. 53 years of age and a member of Sum ner Post, G. A. R., was the next witness. He said he had known Defendant Jones for the past 10 years. In the year 1900 witness was employed by Jones to pro cure applications for school lands, wit ness being then and, now a notary pub lic. Jones was to pay witness $5 for each application and assignment of purchase, the witness to reimburse the signer of the application. The blanks were the regular printed forms. Most of them con tained descriptions of the lands to be purchased, but some were blank and were executed in blank. The witness was shown a paper and identified it as an application to pur chase school lands which he had secured from his own wife. Mr. Heney intro duced the paper in evidence. It shows on its face that it was acknowledged be fore Wells as a notary public. Mr. Fenton cross-examined the witness, developing the fact that witness did not remember whether or not he had admin istered an oath to his wife when she acknowledged the paper. Mr. Fenton then informed the court that there' was nothing in the law of 1S99 requiring an oath to applications for school lands, and that therefore there was no ground on which to base a per jury charge. After Fraud, Not Perjury. "We are not trying to prove or going to prove perjury," retorted Mr. Heney. "What we are going to prove is fraud in the securing of these applications . to purchase school lands." Witness testified that after be had se cured from his wife the application to purchase school lands and an assignment of the same, he delivered the papers to Jones and was paid $5. He was shown two more papers, which he Identified as an application to purchase school lands and assignment which he had procured from his brother, H. C. Wells, for Jones. Witness paid his brother J2 or 2.50 for signing the papers and received 45 when he turned the documents, over to Jones. Witness told his brother that he wanted him to sign the papers for Jones, who SAN FRANCISCO YOUNG MAN PROVES TO BE TALENTED VIOLINIST. Josef Meredith Rosencrantz is a violinist whose name you will hear frequently in the future. Yes, I think that is not saying too much. Ho is only 18 years old now, and came up here with his father and mother and family from San Francisco after the fire. They are living here at 741 Glisan street, and I heard hlra play on a wonderfully mel low and powerful violin last Sunday evening in his house, where a few friends were gathered together. He played Beriot'a second concerto and Wintawski's Air Russe. His breadth of tone, his overwhelm ing richness of tone, is the chief quality in his playing that will strike you first. His wealth and luxury of strength and tone-coloring is tem pered in a way that suggests noth ing but genius it is brought out with a surety and precision that the sweep of Iris bow seems to uplift and exalt one into the realm of musical ecstacy that is as rare as it is grand and beneficent. 1 confess that I was astounded at his achievement. Of course, his tech nique, in many details, will advance as the years come and go, and his incessant practice ' that he keeps up, day in and day out, completes the perfect skill of his ev ery muscle. But any Competent ap- preciator of violin-playing and lover of nize tne xact tiiat.tnis remarkably talented young man has traveled a long way on the road to the supernal heights of virtuoship. He is a virtuoso now, capable of reminding one of even Wllhelmj's raarvelous tone, which has never been equalled by any living violinist, not even Ysaye. His ear Is true, although it Is attuned, in a way, exclusively to the violin. That is to say. he is so young that in his nervousness he is not sure about the pitch of the piano and the violin altogether he depended upon his father's judgement as to when his violin was sharp enough when he adjusted the A string. But when he starts oft in the execution of what he is playing, there is a most extraordinary eflective ness in the handling of the theme and the accuracy of the keeping up to Ditch. , One does not play the same piece twice on the violin. Every time you play the piece you vary the execution, the bowing, the position of th"e fingers it may be ever so little. So. on the violin every piece to. 4n a sense, a Distinct and separate creation of the artist. This is why Rosen crantz is so wonderful. He never slights a note, never strikes a false one, or sharps or flats one off the key. His instructors have allowed him to fall into a few mannerisms; like swaying back and 'forth too much for perfect bowing. But these are minor defects that can be remedied. His" double stops, his playing of thirds, fifths, eyen tenths, and octaves, is phenomenal. Young Rosencrantz played before large crowds in San Francisco, as first violin in the Philharmonic Society, and he aiso playdd at Tait's, where they hired the best orchestra obtainable in that city before the earthquake. .If he stays here, musical circles will have an important addition. A. H. BALLARD. ' ... M ... . . . , ,n ia i J , 32. 33 desired to buy sonre school landsn East ern Oregon. Mr. Woods was recalled just before noon, Mr. Wells being temporarily excused from the stand. Mr. Woods now had with him in court the plat books of his com pany's grant. By comparing these books with the aid of the map, it was shown that all or part of the odd sections in several townships, covered" by the wagon road grant, were included in Ormsby's re port recommending the withdrawal of lands for the forest reserve, which report had been made on June 21. 1902. The books, however, confirmed witness original statement that when the reserve was finally created, by the President's proclamation, only two sections of the grant were included. At the time of the witness' conversation with Mays, the land grant embraced 825, 000 acres. "Did Mr. Mays tell you what profit your people might expect to realize from the scripping of tiie wagon road lands, if in cluded in the forest reserve?" asked Mr. Heney. . i "I think not; not in dollars and cents, anyway. Mr. Mays told me that the lands were poor; that much of the tim ber had been cut by trespassers and that they were only fit for sheep grazing." "Did he tell you what they were worth for scripping purposes?" "No; he merely asked me to fix their present valuation. He thought the land was not worth more than $1 an acre. I figured out in reporting to my people that our net profit if we made such a deal as Mr. Mavs wished us to make would be about J20,000." Mr. Woods was the last witness of the morning session. Mr. Fenton opened the afternoon session by stating that on Monday morning he would recall Captain Ormsby for cross examination on a point that he had over looked Friday. '' Wells, the notary public, was then re called to the stand by Mr. Heney and continued his testimony in regard to the' manner in which applications to purchase school lands and assignments of the same In blank were secured by him for defend ant Jones. " , . Loose Methods of Taking Claims'. The feature of his testimony was his admission of tbe loose manner in which --3 ' ' '7 f : JOSEF MEREDITH ROSENCRANTZ. music will now instantly recog 11 j I I 2 1 JLf -C pf- - y4 -bn r& cJ ff LF i t HI .k . , u, k I iLl 1 " : he put his official signature to the appli cations for the purchase of school lands which he secured for Jones, or which were brought to him by Jones for ackowl edgement. It developed that In a large number of cases Jones simply brought him applies tions and certificates of assignment, to which the witness affixed his notarial sig nature without the formality of seeing the applicant or swearing him to the truth of his affidavit that the lands were applied for in good faith and were not to be sold or transferred to any other per. son, which affidavit the state law re quires. Nearly the entire afternoon was con' sumed by Mr. Heney in the dull, tiresome task of submitting to the witness for Identification and introducing in evidence monotonously similar applications and certificates, all ostensibly signed and sworn to before the witness as a notary public. The witness had three stock answers for Mr. Heney's questions. Irh one class of eases he had procured the applicants to sign the papers, acting as Jones' agent and receiving to "per head" for signers. Of this money he gave from $2 to $3, gen erally $2.50, to the applicant, retalnlngthe balance of the $5 for himself. In a second class of cases, the papers, already slged, were brought to him by Jones and certified by him as witness. These papers were witnessed- and ac knowledged in the same manner as if the applicant had been present in person and signed them in witness' presence. In a third and more limited class of cases, witness testified that Jones had brought the applicant to witness' office to sign and ewear to the application. Alterations Made Later. Many, if not a majority, of the appli cations identified by the witness bore erasures and Interlineations, very few of which witness knew anything about, indicating that they had been altered after their execution. It .may be stated here that it Is the Government's claim that these changes were made by the Defendant Jones, or others in the alleged conspiracy, when the particular tract of school land cov ered by the application was found to have been taken when the application was presented for filing. Instead of se curing a new application, the defendants merely erased the old description and wrote In, a new one covering some piece of unappropriated school land, and went ahead with the filing, consulting neither the applicant nor the notary." First-Payment Document. After the big bunch of applications and assignments had been submitted in evidence for the purpose of proving fraud In the acquisition of the school lands, Mr. Heney introduced in evidence a letter signed by "J. L. Wells Co.," written to M. L. Chamberlain, secretary of the State Land Board, December 21, 1900, referring to an inclosure of a cash ier's check for $880, as the first payment of 25 cents per acre on 3520 acres of school lands. These school lands were designed to be purchased under the applications secured in the manner indicated by the witness. Witness testified that, although he had signed the letter. It was written by Jones, who also furnished the money. At this point Mr. Heney suggested that. Inasmuch as be would next proceed to take up another and later phase of his case, it would be well to take an ad journment, although it was not yet the regular hour of 6 o'clock. The court and the other attorneys Joyfully fell in with the suggestion, the court stipulating, how ever, that the hearing should be resumed Monday morning at 9 o'clock, halt an hour earlier than usual. SI EACH OH LA1; BOOKS SIGI.ER ANNOUNCES ASSESSMENT THAT WILIj HIT ATTORNEYS. Aa Many as 10OO Volume. Will Be Taxed In Some Caaea Firms With Big Libraries. An assessment of $1 per volume has been decided upon by Assessor Sigler as the assessed value to be placed upon law books In the libraries of various attorneys In Portland. A few lawyers have as many as 1000 volumes, which will make a high assessment. Law books cost from t3 to $10 per volume, according to the nature of the work and the quality of the bind ing. There are even higher-priced copies. Some books become out of date and are worth little or nothing because they have to be replaced with newer editions. The law-book publishers also make many changes so as to bring certain works up to the most approved form. Many law firms have extensive libraries, including Milton W. Smith. W. W. Cotton. W. D. Fenton. Williams, Wood & Linthlcum. Snow & McCamaht. Dolph, Mallory. Si mon & Gearin and others. Low Rate to Gans-Nrlson Glove Contett. On August 30 and 31. the Southern Pa cific Company will sell tickets Portland to Goldfield. Nevada, and return at a rate ot $19. B0. account the Gans-Nelson glove contest, to be held at Goldfield, Septem ber 3. Further particulars by calling at the City Ticket Office. Third and Wash ington streets, eity. VETERAN IS BEATEN Henderson Forced to Give Up Swimming Race. BYRNES IS THE VICTOR Xlne Miles Between Oregon City and The OSks Is Covered In Six 1 j . Hours, Four Minutes and One-Half. John L. Henderson, the Hood River cet eran swimmer, was most decisively beaten yesterday by J. J. Byrnes, an instructor in swimming at The Oaks. Byrnes fin ished the long, gruelling swim after being 6 hours, 4'a minutes in the water. Mr. Henderson, after makiugja gallant con test for about four miles, gave up the race near Milwaukie. At this time Byrnes was a mile in the lead and the veteran swimmer, realizing that there would bo no chance to overtake his younger opponent, left the water near Milwaukie and re turned to the city by the car line. Aside from the two swimmers who were to measure strokes with each other over the nine-mile course, a number of local J. 3. Byrne. Winner in Swimming Contest. swimmers were at the starting point and took the water when the two- main con testants started. They were: Professor Keisner, Instructor at The Oaks; Profes sor Myers, swimming instructor at tho Y. M. C. A., and Ben Holladay. These swimmers, however, did not swim the en tire' distance, for after about four miles they took to the boats which were fol lowing the contestants. Professor Keis ner finished the last part of the journey with Byrnes. Byrnes Has Endurance. The swimmers entered the water at Oregon City at o'clock, and the winner crawled up the iron ladder at The Oaks at About 100 yards from the finish, Byrnes, just to show the crowd of spec tators that he was still swimming strong, turned over on his back and spurted away from Professor Keisner very easily. Byrnes was assisted from the water bv attendants of the swimming baths and was taken charge of by Allen T. Ander son, who has trained and instructed the young swimmer in all of his swimming feats. After a rubdown. Byrnes dressed himself and wag soon mingling with his many friends, who congratulated him upon his success. Byrnes took his victory with becoming modesty and expressed his re grets that Mr. Henderson had withdrawn from the race. In speaking of the race, Mr. Byrnes said: "Henderson is a game swimmer, all right. and I am sorry that we could not have finished together, so as to have given the MEN'S " Phases t We Will Treat Any Single : K i : L VI.CERS STRK'Tl'HE HYDROCELE VARICOCELE PR(lrtTIC DISEASE NKRVO.VIT.tL KIDNEY ANU Most men suppose that the consequence of these affections are confined to theSIXil.E or IMMORAL; but such Is not the case. They often Invade the MAKRIfCD CIRC'LH to an A1.ARMIX1 extent; although perhaps the original disease might have been contracted In the for gotten past, but through neglect or bad treatment it has been lurking In the system for months and years, and will sooner or later breaic out in sorea, bad lears, a drynea and aorrneaa of the tliroat, piiuplea, and Itchiaic on the brenat and bead. There will be frequently a dry headache, with dimness of atKht, axeat lowncea of aplrlta, with arhra and palna in the limba, particularly in the legs and thighs. in many , cases there will be a alight scalding: of the water at times, with a twitching and twinging in the urinary paaaage and very often some PAIN' In tho diaeharice of water. It seldom happens that two people are affected alike; but In each and every one suffering from disorders which have their origin in "innladlea of Indiscretion" some of the above mentioned symptoms will be found. Write for symptom blank if you cannot call. HOURS 9 A. M. to 6 P. M. Evenings, ST.LOUIS Metel wA CORNER SECONp AND YAMHILL match the semblance of a race. I under stand that I was about a mile In froir when he decided to quit. This- must hav been directly off Milwaukie, which, by'thi way, was the worst part of the long swim There must bo a lot of springs in the rivei at this point, for It was there that I suf fered for the first time from the cold. II was so cold that for a time I was afraid I would have to give it up. for I was fear ful of cramping. However, after swim ming for a distance. I got out of the cold water and was all right again. It whs a long swim, but there never was a tim that I was in trouble. I think if I had been pushed by a rival over the route 1 could hae. made it In much better time." Wliy Henderson. Quit. F. Chandler, of Hood River, who offi ciated as one of tb judges for Mr. Hen derson, said after the contest that Mr Henderson had given up the race, not be cause he was tired, but because he' knew that it would be Impossible for him to overtake the lead of his young opponent. "I was surprised to see Air. Henderson swim as long and as well as he did," said Mr. Chandler. "For a man who was givn up for dead last year by the doctors, he made a surprising showing. Then, too, it must be taken into consideration that Mr. Henderson is no longer a young man. Mr. Byrnes is a great little swimer and one of remarkable nerve and endurance in the water." After swimming for about four miles, Byrnes took the lead from Henderson, who up to that point had been a little In front. Once in the lead, Byrnes left his opponent behind, and he was never in the contest afterward. On the way down the river. Byrnes showed how much at home he was In the water by eating two sand wiches, a couple of pears and drinking a bottle of milk. The officials of the con test were Frank Chandler, Joe Hender son, son of one of the contestants; Allen T. Anderson and A. L. Young. PLACED ON UNFAIR LIST HOME TELEPHONE COMPANY AGAIN REFUSES VNION DEMANDS. Same Wages and Hours In Oualde Tcmu as In Portland Original De mand ot Electrical Workers, The dispute between the Electrical Workers' Union and the Homo Tele phone Company has resulted in the Federated Trades Council placing tne new telephone company on the unfair list of union labor. Some time ago the electrical workers' presented a grievance to the Home Company, desiring the company to give equal rights to Us men In other towns outside Portland. The union claim was that the corporation could not remain fair in one town and unfair in another, and tho demand was for the same scalt of wages and hours to workers in out side places as was in vogue in Portland. This the company refused to grant, and the matter was brought to the atten tion of the Trades Council and a spe cial committee appointed to Investigate the grounds for complaint. A week ago the committee held a conference wiiii the corporation without results. After the last meeting of the Trades Council, the company was allowed an other chdnce, but at the meeting with Ihe union representatives yesterday, it again refused to grant the demand. Tlie union men contend that when the Home Company sought a franchise in this city, it guaranteed to adhere to the union regulations in every respect, but that since receiving this franchise, it has not been particular In living up to its ante-election promises. Several union men yesterday stated that they had ordered phones from the new com pany, but that as long as the concern was on the unfair list, they would not have them installed. EASTERN EXCURSION RATES September 8 and 10. On the above dates the Great North ern Railway will have on sale tickets to Chicago and return at rate of 71.50, St, Louis and return J67.50, St. Paul. Minneapolis and Duluth, Superior, or Sioux City and return, J60. Ticketi first-class, good going via the Great Northern, returning same or any direct route, stop-overs allowed. For tickets, sleeping car reservations, or any addi tional information, call on or address H. Dickson. C. P. & T.' A.. 121 Third street, Portland. SPECIAL RATES TO ASTORIA Account Annual Regatta. For the above occasion the Astoria. & Columbia River Railroad Company will sell round trip tickets to Astoria at rate of $3. and for children at half price. Sale dates. August 29. 30, 3L and Septem ber 1 Return limit, September 2. Tickets on sale at Union Depot and 24S Alder street. Phone Main 906. Two Sales of Residence Property. Carl King and family, of McMinnville, will remove to Portland next month. He has purchased, through Hartman A Thompson, the residence of Albert O. Sherman, on East Thirty-seventh street, near Hawthorne avenue. Hartman A Thompson have sold for EL L. C'olwell a quarter block at the southwest corner of East Twentieth and East Stark streets. a choice residence location. The pur chaser's name is not stated. Both stl and gold pens are. apparently, doomed. Dr. Werner von Bolton delivered before the Electric-Technical Association, In Berlin, the other day, an address, in which he described th new meta.1 tantallte, which la o hard that a diamond drill makes no Impression on lt: Cured for 512,50 Uncomplicated Ailment for 12.50 for the Fee CONSULTATION FREE A Life Long Cure for blood porsoiv CHRONIC DISCHARGES .KI" DIKASKS PILKS A.D FISTfLA NOCTLRJ8AL EMISSIONS DEBILITY BLAUOEK DISEASES 7 to-8. Sundays, 9 A. M. to 12 M. Surcal DISPENSARY STREETS. PORTLAND, OREGON.