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About The Sunday Oregonian. (Portland, Ore.) 1881-current | View Entire Issue (Aug. 1, 1915)
N TTTR SUNDAY OREGOXIAWV PORTXANP. AUGUST 1. 1915. CASHIER RilAtlClliG METHOD IS SMI Second Stock-Selling Cam- paign Announced in Letter :; on Reorganization Plans. H. R. KINCAID TAKES STAND Irmrr Secretary of State of Oregon ; Declare Nune W Vsd a "Advisory Board" Without Consent or Sotlf'icatlon. : H. R. Kincald. of Eugene, ex-Seere- ' tnry of State of Oregon and resident of the state for (2 years. -was one of the Government' witnesses In the tnlted States Cashier Company trlaJ yesterday. He turned out to have been another member of the company fainoua "ad visory board." He testlfled that be , was appointed without notification, and rthat his name was used In advertise ments of the company without his per mission. l '. "Did you ever serve on the hoard, questioned United States Attorney Iteamea. , -I never did. but my name was used, aid Mr. Kincald. -Were you ever noticed of your ap pointment? ..... . -I was never notified, and I did not , nave any voice In the affairs of the company." replied Mr. Kincald. On cross-examination. Attorney A. F . TDobson for the defense Introduced a letter written and signed by Mr. Kin said to the company to show that be knew of. bad accepted a place on the board and was giving his advice to the company. The attorney also produced a carbon copy of a letter purporting to fee to Mr Kincald from the company. . -Ever get a lettter like thls? he asked. Velee la Maaagraaeat Denied. Mr. Klncaid examined It closely. "No. tr." said he wttb emphasis. "1 never did." "Tou'ro sure of that? Tou are will ins; to swear you never received that 'letter? peralstetd Mr. Dobson. -I won't swear 1 never did. but I will say that 1 am certain I never did: and more, that I was never consulted by the management of the company, that only wanted to use my name." In the absence of Hiram S. House, expert accountant for the Government. 1'nited Mates Attorney Reames was not able to put htm on the stand yester day morning', preparatory to closing his case. Mr. House was not In the courtroom all day. but he bad a perfectly good alibi. A nine-pound son was born to his wife at the Rose City Hospital at just about the time yesterday morning that the I'nlted States Attorney was expecting to call Mr. House to the stand. Both Mrs. House and the baby are doing well. Government's Case Isear End. The United States Attorney said that be hoped to finish his case by Monday night. As court does not convene until X o'clock Monday, this Indicates that the Government's case Is practically finished. Mr. House Is the principal witness yet to be examined, and it Is possible that cross-examination of his , testimony may carry over Into Tuesday morntna. More letters written by Frank Mene- fee. president of the Cashier Company, -were Introduced by United States At torney Reames yesterday. One of them, 'written to Will Lanning. Aberdeen. Wash.. January 4. 1911. said In part: -I had a talk with Mr. MrLeod to day Just before he left for Texas and he seems well satisfied with every thing and says whatever you and Mr. Bilyeu fix up In the way of a con tract wlU be satisfactory to him. "I hope we will be able to get some thing lixed up so the claim we are making that the patents are paid -for will be true." Letter Intredaced la Evidence. A long letter written from Indian apolis, where Mr. Menefee had gone to effect the reorganization of the I'nlted States Cashier Company, by Mr. Menefee to F. H. Gloyd. treasurer of the Cashier Company. In Portland, tinder date of December IS. 1914. was read by the United States Attorney as "-evidence that Mr. Menefee was plan ning another stock selling campalsn -along the same ltnes as those through :whlch the Cashier Company was pro . rooted. Discussing the reorganization. Mr. lilenefee suggested in part: -That we organize a company, say 1 1.000.000. and that we take In full -payment of all our claims, say IC00.00. ,Have It understood that I450.O0O of .this Is to be placed In escrow and is not to be considered salable or for sale In -any way pending the financing of the -Indianapolis Coroporatlon. -The other llSO.OOe should then be "placed In the bands of the Indlanapo .Jis corporation for sale with the under, standing that we would have, eay one third, or all sales made, supplied out 'of our stock until such time as all of It. or as much of It as we cared' to .dispose of. should be sold. This would Clve us clear of commissions more than the amount of money we need and leaving us owning approximately a 'one-half interest in the new company." I Machinery Xeeeealty Treated. ' Of the necessity of having machinery in place before beginning any exten sive stock selling campaign, the letter aid: -In connection with this and as soon a the contract is closed, we wouM 'hare to hurry the machinery here and get It running as quickly as possioie. It would not necessarily mean that this machinery had to be here before 'we could do anything at all In the way Tf obtaining money, but the money .would be twice as easy to get nun -ha iriarhlnerv here and In operation. and when that time arrives, we would then be able to interest large investors. 4 "In fact, we do not plan to make any nmuim for the sale of stock In the -itv until the machinery Is here and -running, confining our efforts In the meantime to the smaller Invesors In the rural districts and small towns. 7 Enumerating the salesmen who would id him in the campaign, their terri tories covering Indiana. Ohio. Ocklabc nu. Tennessee and Kentucky, and parts of the South. Mr. Menefee spoke of .leavlna- certain agents In their own agency states If we can handle the blue-sky business promptly. T rroaoeltloa Termed "Clean Cut.' - "In other words." the letter con tinued, "if you people out there will let me get squared here and go at it Jn, the only way I reel I Know now xo jlo It with any degree of certainty. I .would be willing to stake my bead that -res-ardless of financial conditions, times "or anything else, the money will come so fast It win surprise you an. . -With the proposition lined up as .above Indicated, it is absolutely a legi timate clean-cut 'matter that could be 'put up to the most critical and not a iole can be punched to it. and that is .-why I want the directors to accede to my wishes so as to make It sot matter of chance, . but remove every doubt." x Referring to the known objections of & M. Mears. then a director, who had put a stop to the former stock-selling operations of the United Slates Cashier Company, to stock - selling schemes. Mr. Menefee went on to say: "Aa 1 have said, there Is not a chance la the world to take in carrying this through, as I bare outlined, and any other way of getting at It la subject to alt sorts of chances. -I know Mr. Mears Is averse to stock selling, and I know he will say at once that 1 am getting back onto the same old stock-selling proposition, but all I have to say Is this: "Speedy Campaign" Proposed. -I know how to sell this stock, and. given any sort of a chance and under any sort of favorable. conditions, 1 can wind up the whole affair of financing before the first dsy of July, and it would be my purpose to put on such a speedy campaign that by that date and long before It would all be over. In this connection I want to call attention to the fact that Griffiths has been hav ing big guns on the string ail Sum mer. ... "Now. why not make up our minds that the way to do this thing Is the way we can do it. and commence to make our arrangements to that end? If this is done, as I have said, we can within a very few days stop all ex penses out there by turning the payroll over to the new company. "We will immediately get the money, and It will keep coming and take care of our obligations there that are most pressing and reach the final taking care of all obligations before the six months' extension which our principal creditors have given us. "In other words, when we hold our next June stockholders' meeting I am perfectly satisfied that we shall be able to report that the old company does not owe a dollar, has money in the treasury, soma assets still of great value, besides its half. Interest in the new manufacturing company. . . ." Strew Pt Correspondence. Especial stress was laid by the Gov ernment on letters and telegrama be tween Mr. Menefee and officers or salesmen of the company relative to a contract which It wa declared had been closed with the St. Louis Car Com pany to buy (006 lightning change makers at $25 each for use la pay-as-you-enter cars. This contract, previous testimony baa shown, was a big -puller" as a talking point for stock salesmen, and was a factor In many sales. The Government showed by produc ing the original contract that Instead of being with the St. Louis Car Com pany it was a personal contract with George J. Kobuech. a director In the company. In which he was made the company's agent In the sale of the ma chine. Furthermore, a clause In the contract released him from having to carry out Its conditions. If the machine did not prove satisfactory. Few Fall on Teachers' Test. SALEM. Or, July 31. fSpeclal.) State Superintendent of Public Instruc tion Churchill today announced that the percentage of failures at the re cent examination for certificates to teach school was less than 20 per cent. About 100 tried the test. DAHLIA PLANS LAID Varieties to Be Exhibited on September 23-25 Notable. RULES FOR SHOW ADOPTED Amateur and Professional llorista From All Over JforUmert Are Preparing for Ills Event. Cblldren Will Take Part. Greater and superior varieties of en tries and a. larger prize list will make this year's annual National dahlia show" notable. Amateur and professional florists from all over the Northwest are pre paring for the event September 23, 24 and 2G. The exhibits wll be arranged, on the sixth floor of the new Meier Frank building. Fifty exhibits from th cities on the Sound already hare been promised, and other sections also will enter. All other Haven In bloom will have a place, for the Portland Floral Soci ety baa offered Its co-operation. The officers of the National Dahlia Society of America, who will be pres ent are: President. Richard M. Buttle, Seattle: secretary and manager, R..W. Gill, Portland, Or.; treasurer, E. H. White, Portland. Or.; vice-president. W. C S. Spike. Tacoma; second vice president. Mrs. J. King. Everett. Wash.; Mrs. Sidney. Belllngham. Wash, and superintendent of the Juvenile depart ment. Mrs. R- A. Small. Everett. Wash. All entries In the amateur class will be Judged on a percentage basis, con sidering perfection, sise. length and stability of stems and arrangement and effect. Label Errors Will Disqualify. Flowers will be tagged with a card bearing the entrant's number and the entry number. Error In "labeling will disqualify the exhibitor and all decis ions of the executive committee shall be final. Seedlings may be entered by number only and merit ribbons will be awarded. The amateur department will in clude table designs, basket, bowl and vase designs. A cactus dahlia division with several departments, af various shades and colors, will be the largest division. Collarette and seedling dahl ias will Include almost every grsde and variety of all the principal colors. Sec tion I. of the amateur department, will have gladioli, asters and a miscellane ous department, with almost every flower then In bloom Included. Children to Enter Exhibit. The semi-professional department will Include a Juvenile department, with prizes offered to the best school display outside of Portland, and a gen eral display by any class or school in Portland. There Is also a division for boys and girls under 1( years. The commercial department will In clude table, basket and bowl designs of all dahlia varieties, and In these foliage and small mixing flowers will be permitted. For "flat displays" 60 per cent will be given for perfection of bloom. 25 per cent for size and 15 for general arrangement and effect. There will be a novelty display of 12 flowers in three to six varieties. A grand sweepstakes prize will be given to the winners of most first prizes on dahlias, in this department. GOLD HILL FAIR IS NEAR Club to Be Busy With Preparations Until Opening; In September. GOLD HILL. Or.. July SI. (Spe cial.) From now until the Third. An nual Gold Hill Industrial Fair, which takes place September 17 and IS, the Greater Gold Hill Club will devote lt eelf largelV "to the planning and pre- Openlng day is to be given over to re ceiving and classifying tne cispiays oi ranch and farm produce, and the dis plays, of craftwork and gardening of fered by the pupils of districts associ ated in the school fair. Amusement features for the second day will be novel and entertaining. President Reed, of the Greater Gold Hill Club, has asked that all business men. citizens generally and ranchers unite in promoting the fair. PISGAH WORK AID ASKED "Boys" Need Apparatus to Harvest Crops on Farm. "Mother" Lawrence, in charge of the Plsgah Home, and her "boys", are al most ready to harvest some of the crops from the garden on their farm, but their wagon and harness have given out and gone to pieces at this critical moment. Last Spring generous people donated SO sacks of seed potatoes to the home, and now "Mother" Lawrence is trying to find someone who has an old one horse wagon or a set of harness, or both, that can be turned over to the l'lsgah Home to be used at this time. A wheel chair also is needed for one of the patients, who Is an Invalid. Council to Consider St. Johns Bill. Another of the unpaid bills of the City of St. Johns will come up for'con sideration at the regular meeting of the City Council Wednesday. The bill, which amounts to about 32000. is for tne city arc lights in St. Johns since March. St. Johns did not become a part of the City of Portland until July rentage of the obligation was due be- rore tnai time. Postal Cable Reduces Wire Rates. NEW YORK. July SI. (Special.) Charles C Adams, vice-president of the Postal Telegraph Cable Company, In charge of the traffic department, says that- on Monday, August 2, that com pany will make a 50 per cent reduc tion In its leased wire rate to the press at night throughout the country. BERLIN, REPLYING TO CHARGES, SAYS BELGIANS VIOLATED RULES OF WAR Armed Opposition of People, Contrary to Geneva Convention, Declared to Have Justified Stern Repression. Captives Treated as Murderers, but Legal Forma Preserved Unless Military Necessity Compelled Contrary Course. (Copyrteht. litS. by the Chlcaso Trtbun Published by arrentsm.nt.) The Tribune" baa received Ironi Its war correspondent la Oermanjr, James ODonn.Il Bennett, the text of the Mer lin government's reply to the linaincs of l'ord Mnrce s B.tsi.n atrocity com minion. It la the first copy of the document to reach the United Mates. the B-Is'en. of a National War Con trary to International La. ' The Ojr in7 forelm office 1 responsible, for this formidable document of 332 ,uo pases, or an amount of matter sufficient t" fill. If reproduced verbatim. 140 of The Tribune s" columns. -The Tribune" submitted the docu ment to a German i scholar jt d,n"'." man of American .WJ " redenls with the requert that he mt" " fair nl comprehensive digest et it. This dlsest is published herewith. THIS ornclal uerrasn clearly arranged: It U divided Into five neatly separated rubrlca . hl. the real gist of the -. i . " . - WOrk comes a generalised pronounce ment of the German poini oi .. h Relarlana aulte Invariably sinned against the rules or tne convention of July . 10. by carry lnsr on a deliberately planned guerrilla warfare. . . This first part or tae uerman "'"; reply Is translated fully below and therefore deserves no other comment than to have Its simple earnestness mentioned. n.. i - . i. , 1 ft nssrea of indi vidual depositions follow this first part the sworn . and officially recorded statements or regimeniau before a variety of German tribunals. civil, criminal, and military. These long pas f buttressing ma terial thene sheaves of circumstantial evidence, may well fall to convince him whose mind Is unalterably prejudiced to the contrary viewpoint: but they cannot persuade the sincere observer thst the witness for the defense Is speaking aught but what seems to hlra the sscred and lnvlolete truth. So much for the first part of the Ger man official report- The four other sec tions contain an anthology of t"-e best of the depositions which make for the causa of Teutonio innocence while its Interminable armies were pouring through Belgium. They are variously entitled: "Belgian Insurrection In Aer sehot, August If and JO. 1914"; ' 3el- i i....h.iUii In Antnn lutust 20, 1914": -Belgian Riot In Dinant, from Auguat Zl to is. nil, ana iiu in surrection In Lowen, from August 21 to 3S. 114." Each one of these four rubrics is pre ceded by a "comprehensive survey" of the Issues Involved then come the long and patient records of the experiences of eyewitnesses military men of every ace and station, from the lowest to the highest. And these records are with out exception testimony of soldiers un der oath, uttered before a distinct de partment of tho German Ministry of Wax "the military commission for the investigation of infractiona of martial law." Inspelllaa- Tragedy Iteeited. To the American commoner who knows not the polite and engaging eti quette that governa war this carefully plotted German official reply presents a, pedantic appearance. It would seem a doctoral thesis by which some Teu tonio scholar would fain grasp his de gree In philosophy. So calm and philo logical Is Its argument, so overwhelm ing Its evidence! ptd we but change the- year date from 1914 to 1870, did we but substi tute on the title page of this official German reply the word , "French" for "Belgians" why. then its author might wall hope to secure at least an assist ant professorship In modern history at Harvard or Chicago! But the year date 1914 remains, and so this dull accumulation of common place facts, we are suddenly reminded. Is no drab narrative of forgotten or forgettable Incident, but rather the re cital of recent and bloody and all compelling tragedy. One who comes fresh from the read ing of this turgid official document feels that Germany bas established the truth of each separate detail which it I llivmpti w o" " - . . . - - - -- If acts, which neutral minds may. well feel to be the salient ones, no mention Is made even by Implication anywhere in the great book: 1. What were German troops doing on Belgian soil? . 1. On Belgian soli was it needful for a civilian population to observe toward German troops the findings of a Geneva convention or of a Hague con ference? Disparity la Viewpoint Showing. Whatever else it shows, the official report of the foreign department of, the German government indicates lucidly the disparity in viewpoint which at the present moment is cleaving asunder the sovereign states of Europe. . Enough! Let the efficient German document speak for itself.' But I won der if history aa red as this will ever again find" its pronouncement In so naive a tone. The following para graphs are a translation of the intro ductory statement of the German For eign Office: "Right on the ieels of the outbreak of the present war a turbulent insur rection broke forth in Belgium against the German troops. This was In fla grant violation of international law and brought the heaviest penalties on the Belgian land and people. "This struggle on the part of a mob which was Inflamed by the most savage- passions raged during the whole advance of the German army through Belgium. "When the Belgian army after obsti nate resistance finally gave way be fore the German troops the Belgian civilian population in the as yet unoc cupied parts of the country sought by every possible means to retard . t'.ie German advance. Nor did these civil ians, even In localities which had been long occupied by German troops, hesi tate to harm and weaken the German military power through cowardlly and perfidious attacks. "The extent of this armed opposi tion by the people Is easily seen on an Inclosed synoptical map whic'a notes in the main the positions of the German advance Jines and -the Belgian towns In which the national Insurrection, raged. On these routes of march and in these towns the struggles against the Ger man troops were participated In by tlie Belgian civilian population of every condition, and age and of both sexes. Conflicts Marked by Pnry. "These conflicts showed the greatest bitterness and fury. An overwhelming mass of evidence is at hand to estab lish the proof of this, material gained from official investigations, especially based upon sworn testimony before a court or upon reports received from the front. A selection from this material Is presented in five appendices and embraces only the more Important oc currences, but this evidence csn at any time be increased by further examples. "According to this appended mate rial, the' Belgian civilian population fought against the German troops in numerous towns in the provinces of Luttich, Luxemburg, Namur. Hennegau. Brabant. East Flanders and West Flan ders. Fifty-seven depositions and re ports attest these facts. "The battles took on an especially horrifying character In Aerschot. An denne, EHnant and Lowen. Especial reports on these have been gathered and sent In by the military commission for the Investigation of infractions of martial law which was formed by the ministry of war. One hundred and forty-five separate examinations are contained in the four appendices which follow the findings of the commission concerning the four a'uove-mentloned towns. "In these struggles men of the most various classes participated workmen, manufacturers, physicians, teachers, even clergymen. Women and children were seised with weapons In their hands IS depositions attest this fact. 'German troops were shot at In dis tricts from which the Belgian regular army had long since retreated. These shots came from houses and gardens, from rooftops and cellars, from fields and woods. "In these battles materials were used which would surely not hava been em ployed by regular troops, great masses of fowling pieces and bunting ammuni tion were discovered, and all sorts of worn-out revolvers and pistols. Seven teen depositions attest this fact. In ac cordance with this situation, the wounds received from small shot and from scalding hot tar and boiling wa ter were numerous. Nine depositions attest this. "After all is said and done, there Is no doubt that In Belgium the insurrec tion was carried on not' only by indi vidual civilians, but by great masses of the population. "The waging of war by the Belgian civilian population was entirely Incom patible with .the universally recognized rules of International law, as they have found expression in articles 1 and 2 of The Hague conference, which was adopted by Belgium. These rules dif ferentiate between organised and un organized national war. "In organized national war (Article 1) militia and volunteer corps In order to be recognized as In a state of war must subscribe to the following four conditions: (1) They must have a re sponsible leader at their head: (2) they must wear definite lnsignla.'Vhick can be recognized from a distance; (3) they must carry weapons openly; and (4) they must observe the laws and usages of war. Two Conditions A'on-Existent. "Unorganized national war dispenses with the first two above conditions (Article SI), and does not require re sponsible leaders or military Insignia, but instead it is bound by two other assumptions: (1) It can be waged only in territory not yet occupied by the enemy: and (2) there can nave Deen no time for the organization of the Insurrection, "The two conditions which' are espe cially laid down for organized national war were undoubtedly non-existent among the Belgian volunteers. For, according to the concurrent dispatches of German military beaduarters, the civilians engaged In battle, had at their head no responsible leader and wore no sort of'military insignia. "Thirteen depositions attest thls-l fact. Therefore, the Belgian Insurgents cannot be regarded as organized mil itia or as volunteer corps. Concerning this point it Is of no importance that the insurgents- enterprises were ap Darentlv participated In by Belgian military men and members of the Belgian municipal guard. For these persons, likewise, wore no military In signia and mingled In civilian dress with the fighting Durgers seven depo. sltlons attest this fact. Therefore, the rights of persons in a state of war can be accorded them aa little aa they can to others. "The whole Belgian national war consequently msy be judged only from the viewpoint of an unorganized armed resistance. But as such opposition is permissible only in unoccupied terri tory. It was beyond any doubt contrary to international law in all the towns which were already in the possession of the Germans, especially, in Aerschot, Andenne and Lowen. But unorganized national war was not even permissible In the places as yet unoccupied by Ger man troops, above all In Dinant and Its environs, because the Belgian gov ernment had bad amply sufficient time for an organization of national war conforming to international law. Belarlnm Prepared for War. "For years the Belgian. government has been counting on becoming en tangled In the military situation the moment that a Franco-German war should arise. It has been proved that preparations for Belgian mobilization were under way at least a week before the entry of the German army. "The government was, therefore, fully competent to provide Its civilian population, so far as. It cared to call upon lt. with military insignia. The government had time to arrange for responsible leaders. When the Belgian government asserted in a communica tion which reached the German gov ernment through she mediation of a neutral power thst it had taken the necessary precaution in this regard. lake Me An Offer For Cash or on Reasonable Time Payments I will give two years or longer if necessary for the mere additional simple interest. I will consider any half-way decent offer from private buyers or from dealers to sell again. Greatest Opportunity Ever Offered to Furniture Dealers Drug Stores Insurance Agencies, etc.,; etc. to secure any or all of the Pianos Player Pianos Baby Grands Music Rolls Stools ' Benches, etc, etc. What Will You Give for Typewriters - , Desks Safe Beautiful Rugs Carpets and any other of the furnishings arid fixtures in this beautiful establishment ? Everything is for sale. No reasonable offer refused. C. W. Houseman, In Charge of Player Piano House in the Interests of the Holders of Preferred Stock. 333 Morrison Street Northwestern Bank Building Just Below (East of) Broadway ' If you do not get a piano now, ' I don't see how you'll ever own one. C. W. Houseman. what does this show bet that It could have satisfied the conditions referred to above? At any rate, the precau tions were not carried out in any ter ritory through which "the German troops marched. "Not only, however, did the pre sumptions for an Internationally law ful unorganized war fall to exist In Belgium but this war was waged in a fashion which in. Itself was sufficient to place Its participants beyond the pale of martial law. For the Belgian volunteers made a practice of not carrying their weapons openly and throughout paid no attention to the laws and usages of war. "It has been made clear by Irrefuta ble testimony that in a whole series of instances German troops were received with apparent cordiality by the Bel gian civilian population, when the troops were entering a town. Later, when darkness had set In or the mo ment was otherwise, favorable, Ger man soldiers were surprised by an armed attack. Murders by Bellgans Charged. "Such cases occurred, for example. In Belgny, Esneux, Grand Rosiere, Bievre, Bouvy, Vlllers devant Orval. Salnte Marie. Les Bulles. Tschippe. Acoz. Aerschot. Andenne and Lowen. More than 60 depositions attest this fact. All such surprise attacks transgress the provision of international law that weapons be carried openly. "The greatest stigma, however, which attaches itself to the Belgian popula tion, is that of violating the usages of war in the most unheard of way. In different places, for example, in Lut tich, Herve, Brussels, Aerschot, Dinant. Lowen. Germans have been shot down from behind and murdered. Sixteen depositions attest this fact. Such mur ders violate the prohibition governing the 'assassination or wounding of per sons belonging to a hostile nation or army.' (Hague Conference, article Zi, paragraph lb.) Further the Belgian population did not respect the badge of the Red Cross and thus violated article 9 of the Ge neva convention of July 6. 1906. Par ticularly the population did not shrink from shooting at German troops, using the protection of this badge, nor from attacking hospitals In which the wounded were being cared for. nor from harming the medical staff, hen It was in the perfomance of its duty. Thirty depositions attest this fact. "Finally It has been determined, be yond the shadow of a doubt, that Ger man wounded were plundered and killed, even frightfully maimed and mutilated. Women and young gins took part In such 'amouK8 -crltms; German wounded soldiers had their eyes put out. their ears noses, t nger ends and genitals cut off. were disem boweled Seventeen depositions attest this fact. . . "In other cases German wounded sol diers were poisoned, hanged to trees, drenched with burning wise burned to death, so that they Buf fered an excrutiating end. Twelve de positions attest this fact. "This bestial behavior on the part.of the population Is a blow in the face, not alone to the express engagement of the Geneva convention Article t- para graph 1). regarding :conside""" care' of the sick and wounded but a blow as well to the first principles of martial law and of humanity. "Under circumstances such as these the Belgian civilian population which took part in battle, could, of course, lay no claim to treatment befitting per son, in a state of war. Rather was it unqualifiedly necessary. In the Inter est of the self-preservation of th,e Ger man army, to adopt the strictest meas ures with these insurgents. "Persons who confronted the Ger man troops in battle must, therefore, be cut down: captives were not to be treated according to martial law like prisoners of war, but according to mar tial nsage. like murderers. "Nevertheless, whenever military ne cessity did not dictate the contrary, the forms of legal procedure were pre served. Prisoners, If the circumstances In any degree permitted, were not shot until after due trial or sentence by a military court. Ten depositions attest this fact. "Old men. women, and children, even such as were under strong suspicion, were to the greatest possible extent spared. Eleven depositions attest this fact. Conquerors Are Self-Sacrlf icing. "What la more, -German soldiers often cared for women and children in the most self-sacrificing way. whenever It was possible to do so they took the endangered and helpless ones under their protection, even when their pa tience was put to an extraordinarily hard test through the malicious attacks of the population. They shared their bread with the sick and the weak and brought the latter to places where they would re ceive care. Fourteen depositions attest .this fact. "There Is no doubt but that the Bel gian government was grieviously to blame for the attitude of the popula tion towards the German army. For. aside from the fact that a government is under all circumstances responsible for such acts as represent the universal expression t the national will, the Bel gian government must bear the added heavy reproach of not stopping this guerilla warfare when It could have done so. Seven depositions attest this fact. "It surely would have been an easy thing for Belgium to give the necessary Instructions to her public Instruments, such as the burgomasters, the soldiers, and members of the municipal guard. In order to restrain the passionate emotions of the people which had been artlfically fanned into flame. So full responsibility for the enormous blood guiltiness which weighs upon Belgium must be borne by the Belgian govern ment. "This government has made the at tempt to divest itself of such responsi bility by attributing the blame for events to the destructive rage of the German troops who quite without rea son were supposed to have committed deeds of violence. The Belgian govern ment had a commission appointed to investigate the atrocities which pre tendedly had been committed by the German troops and had made the find ings of this commission a matter for diplomatic complaints. Defensive Battle Made Compulsory. "This attempt to twist, the facts In the case Into the exact opposite of the truth has utterly failed. The German army is accustomed to make war on hostile armies, not on peaceful inhabi tants. The Irrefragable fact that from the first a defensive battle was forced upon the German troops In Belgium as a matter of their self-preservation can not be refuted by any investigations of any commission whatsoever. "The stories of the Belgian commis sion patched together from the narra tives of fugitives are labeled toe prod uct of painstaking, impartial investi gations. They bear the stamp of in credibility, if not of malevolent distor tion. Because of the condition of af fairs the commission Is in nowise able to prove the correctness of the rumors presented to it and to grasp the con nection of events. Their accusations against the German army are, there fore, nothing more than vulgar slan ders which without further effort will be Invalidated by the documentary evidence now at hand. "In Aerschot the battle of the Ger man troops with the Belgian civilian population did not arise, as the Bel gians hint, because German officers be smirched the family honor of the Bur gomaster. The battle began because the population ventured a thoroughly planned surprise attack on the com mander-in-chief at Aerschot and mur dered him from behind. "In Dinant it was not innocent, peaceable citizens who fell victims to German swords, but murderers who had treacherously waylaid German sol diers and thus compelled the troops to fight a battle that annihilated the city. "InLowen the battle wtih the civil ian population did not break out be cause fleeing German troops through mistake became engaged with t'jelr comrades who were entering the town. The fight sprang up because a blinded population misjudged the occasion and thought that without danger to them selves they could mow down the re turning German troops. "The torch was applied in Lowen and in other Belgian cities only when bitter necessity demanded it. The plan of the destruction of Lowen. which appears In this official report, shows clearly that the troops contented themselves wtih razing only those sections of the city where the Inhabitants treacherously and with murderous intent -made .their attacks. "What is more, it was German troops who took care to save in so far as pos sible the rare art treasures not alone of Lowen, but of other cities. An espe cial commission of Germans has deter mined in how great degree the works of art In Belgium were preserved by German troops. "The imperial German government believes that by tho publication of the present material it has convincingly shown that the measures which the German troops adopted against the Bel. gian civilian population were called forth by a guerilla warfare which de fied International law and were de manded by the necessity of war. "On the other hand, the imperial German government enters an emphat ic and solemn protest against a popu lation which waged a dishonorable war by the most contemptible means against the German soldiers. "An emphatic protest, too, must lie against a government which complete ly misconstrued its duties which gave free rein to the insane passions of its people, and which now does not shrink from throwing off its own heavy guilt by meretricious abuse of the German army." Because of the demands of space it is not possible to present here selected specimens of the depositions and court testimony which everywhere buttress and make clear the claims of the fore going statement of the German gov ernment. Nor would such selected specimens fulfill any particular purpose. For it Is in the enormous amount of testi mony, the dull reiteration by many different witnesses of the same par ticular fact that the convincing weight of the evidence lies. SPOKANE $1495 Round Trip August 1, 2,3 Train Service of the Best. Track the Smoothest in the West. EAGLE'S CONVENTION Return Limit Sunday, August 8 Inland Empire Express, 9:55 A. M. North Bank Limited, - 7:25 P. M. NORTH BANK ROAD City Ticket Office, 5th and Stark. Broadway 920, A-6671