THGIRG YESTERDAY . WAS G OOD EVENING. TODAY'S News Today! ' . J That it what it making The Journal the llvett newspaper - proposition in Portland. ' , " ' . -' i . Thf Weather t . ' ' Tonight and Thursday, showers; south to west, winds. VOL. II. NO. 301.' POETLAND, OREGON, -WEDNESDAY EVENING, . FEBRUARY 24, 1004. PRICE FIVE CENTS. NAVAL BAl OTGED AT PORT ARTHUR IN 4,030' "ST" - . A TT T b V AS WHICH VICTORY DENIED Japanese Say They Have No Information and Discredit Report. RUSSIA IS CONFIDENT Dispatches State That Battle Occurred Early Yesterday Morning After ; Mikado's Men Had Failed . in-Midnight Attack. (Journal Special Service.)- London, fab. 24, p. m. A Xusslaa report reached here, this " afternoon that . four Japanese battleships and two transport ware sunk In an engagement ' off e Port Arthur yesterday, . The die- ' e patch adds . that the . Japanese e made the attach and were re- , e poised with the Jose stated. The dispatch also says that the Bus e sUn battleship BeKtvawfeion was seriously damaged la the first attack, was active la battle , and carried off high honors for e skillful fighting, -, ' .' later t London, Teh. 94. i p. m. e Japanese Minister ; XayashT e stated late tonight that hs has e Information whioh dlsoredlta the St. Petersburg- report of a Japan- anese naval disaster. (Journal Special ferric.) , London, Feb. 84. A dispatch , from Chefoo to the Evening- News declares the Russian consul there confirms the statement that four Japanese warships have been destroyed at Tort Arthur. The battle occurred early yesterday morn' In The Russian consul declares that the Japanese fleet began the attack shortly after midnight and passengers arriving from Chtnwangtao say continuous firing was heard oft Port Arthur between 1 and 4 o'clock ' on the morning of the 23d. There wss no moon and conditions were ripe for a surprise. They declare that undoubtedly the Japanese were trying to steal through the entrance to the harbor when they were discovered and defeated. A report from St Petersburg this evening asserts that six Japanese war ships were sunk off Fort Arthur yester day. Washington. Fob. 14. The Japanese legation here has no advices of a naval defeat and the report Is discredited. TOXXO PXSCXZDXTS XT. ports Cay That JTo Action Occurred at Port Arthur Yesterday. (By Paciflo Cable.) Toklo, Feb. S4.-The war office says there has been no fighting of any con sequence on the Yalu river for two days and no action of the fleet since the 20th, - despite the story of a Japanese disaster yesterday at Port Arthur. , , Operations of the Japanese fleet' are .now as much a mystery as that of the Vladivostok squadron, though the latter is back in the harbor. The Russians are said to have can ' celed all orders for railroad material with Germany because of their inability to protect . the line from Japanese as saults this side tf Harbin. Japan alleges that the enemy has only 40,000 troops on the Yalu but it is thought there Is a reason for giving out ' this information (part censored). Japan is not wholly pleased with the action of China in threatening to fake a hand in the atrtfe as it Is feared It will bring about trouble in Europe. THIS Vw. tirlsi- -v;'7'1' 'fe h'his, i I,, it k i, , friHUiLkUi,. -. ,,,.M;-ti-K,ii. ,;;.-,. . 1 THF TAP THIS PICTURE SHOWS r HUNDREDS OF HOMES LOST TO SETTLERS Supreme Court 'Gives to Northern - Pacific, Land Now Held by 300 Families in Clarke and tow litz CountiesGovernment May Relieve, ' ' As a result of the decision t of the United States supreme . court yesterday, giving to the Northern Pacific railway absolute title to the. land embraced' In the "overlap" district, about 300 set tiers are left without title to their homes and may be ejected... The "overlap" dis trict contains 48,458 acres in Clarke and Conilts counties, most of wh'ch is -rich land... Borne of It has bee'n under cul tivation for years, and been improved Into valuable farms. Great orchards, hop fields and -dairies have been devel oped and some of the farms are worth thousands of dollars. The government has granted patents to at. least 10 settlers, some of whom have lived on their homesteads for 15 years. , The decision nullifies the past action of the , interior department and leaves the - homesteaders without any legal right to their homes In spite of the fact that a government patent ' is generally recognised as absolute owner ship. . . The circumstances leading up to the legal blow which prohibits the settlers from retaining their homes are unusual and extend over a period of years. The government, the settler and the railroad company are all to a greater or less degree responsible for the litigation which has taken place and that which must necessarily follow. . ' - In 1804 the government granted to the Northern Pacific every, odd section HCiUKE SHOWS A bECTlOAL THE JAPAKESE ON THE YALU . The Pictrjrt Map Shows the In a belt which extended for. 20 miles on each side of the right of way from St. Paul to the coast.- According, to 'the first surveys the road ' was to be built down the -Columbia river1; to Portland from the locality of .Pasco.., Later Ahe western end of the road was changed to run up the Yakima valley and across the mountains to Tacoma and a branch south to Portland. A .new,: grant . was given by congress to. cover the line of the road to Tacoma and south. , The old grant down the' Columbia river was de clared forfeited' prior to 'this and was partially taken up . as . public domain. In the second grant some of the land in cluded that which had beeni reserved to the company under the first grant, which created the overlap, and it was a ques tion which ' of the two should' have precedence. Up to 1895. the department of the Interior recognised . the authority of the last grant as legal and that the lands ! In the "overlap" Were under - the Jurisdiction of , the railroad company. In deciding some land litigation in 1895. Secretary 'of the Interior Hoke Smith held that the"ovcrlap"rdld not pass into the control of the Northern Paciflo .un der the grant of 1870, as' it had , been previously' reserve; He ordered that patents should be issued to settlers on the tract The railroad 'Company con tested the right of . the government and (Continued on Page Two.) i vVitW; OF. THE PR0lECTtD;.CKUISR B0YAR1N, KJECEHILY : BLOWir .UP AT. P0XT ARTHUR BY. ANESE SUFFER VERY H RIVER AND THE TYPE OF CAVALRYTHE MIKADO IS SENDING 1 Position of the Opposing Forces According 1o the latest1 Balletins " ' ! Bora Transport Buf ord to Take SoIdiersrFrom Van couver to -Isthmus. The army 'transport Buford, which arrived in. Portland at.l o'clock this af ternoon, will probably take on soldiers from , Vancouver, barracks ! to replace marines now doing duty in Colombia as it is the intention of 'the government to withdraw majinea .and .substitute sol diers. The statement that the Buford will take on marines at Portland is thought in Washington to be erroneous. The war department will not verify the statement as to the taking on of soldiers at Portland for Colombia, but in all probability this will be their destina tion if they are embarked. The Buford docked at the Eastern A Western mill, where she will take on a shipment of lumber for the Philippines consisting of about 1,600,000 feet. She left 'Astoria at midnight last night and about half ' way up the river dropped anchor for the night. At daylight she proceeded up the river and reached Port land without incident She had a good passage all the way up. The Buford is drawing 23 feet and (Continued on Page Two.) ' - -r, f. FOLSOM CONVICT IS IN MORE GRIME Murderous Thugs Working Trade in Calif ornia :Ohe?Arrested;Confesses to Robbery; of the V Colcmial Club at San Francisco. . , (San rraucisco Bureaa of The Joaniat) San Francisco,; Feb.; 24. There -Is no further doubt that Austin Hooper, who, with George Carson, " is in Jail at San Rafael, ' the Marin ' county officials have one of the gang who held up and robbed ' the game at the Colonial club, 133 Powell street. In. the early morning of February 18. " . Hoper repeated to Sheriff Taylor and Detective ? Wren the . story day before yesterday, and while all details are not made- public - by the police,; for fear of preventing the capture of , the other thugs,. the -' following J facts-were given out by Sheriff Taylor today: Hooper declares that Ray Fahey, the notorious convict who escaped from Fol som last July, "English Dick," another desperate thug who has plied his trade all over the country, and "San Jose Blackle," himself, and a flftti man whoso name he will not divulge, were the five who committed the remarkable Colonial club robbery. . Hooper ' says : he was . the man who wore the patent 'leather shoes. . Ray Fahey was the ringleader, and. with the thug whose name is withheld,' planned the robbery.' -Hooper says that Fahey, "English Dick" and San Jose "Blackle" have been in San Francisco all winter' and have committed robbery after rob bery under the very noses of the police without fear of detection. Hooper, who was discharged; from San Quentln, Jan- EAVY AGAINST. THE COSSACKS. , J, ' uary 18, of this .year, immediately Joined the gang in San Francisco. Charles Carson, or "shorty," , who was released February 15 from San Qnentln, also im mediately joined forces with the thugs, and their operations from "that date un til last Sunday, when- the vigilance of Marin police resulted In the capture of Hooper and Carson, Includes) four suc cessful holdups in San Jose, Sacramento and San Rafael, an attempted robbery at Petaluma, which was frustrated, and a murderous assault by Carson upon Constable Louis Hughes of San Rafael. To all of these crimes Hooper has made full confessslon. GRAVE FEARS FOR EMPEROR WILLIAM (Journal Special Service.) London, Feb. 2 4. A Manchester dis patch today says: "It la learned from high authority that the malignant growth in the kaiser's throat is the cause of grave apprehension and the worst news may be heard any day." The paper adds that sincere hope is every where expressed that the reports are erroneous, but unfortunately there is little ground for hope. ; COUTiO Hi CCIITACT WITH 'AEKE. LOSSES Shrinkage of Russian Se curities Cause Many Failures in Europe. ENGLAND FAVORS JAPArf France, Austria, Germany and Italy . Are Pro-Russia Hurrying Troops to the Yalu, Still Continues - (Journal Special Service.) Xiondon, reb. 84. Careful in vestigation show that the) European pnbllo as s rule favors , Knssla la the - present conflict. Vraaoe to bow close bound than ever; Austria,.- naturally favors the Muscovite; Oermany is pro & use lan; . Italy Is hound by the driebund. and Spain favors Ras- ..sl. England. . however, Is a staunch friend of Japan, and Sweden la becoming more so on aooount of tit Xlanish aatt-Xua- siajB feeling1. ' (Journal Special Service.) - London, Feb. 24. Regardless of the) feeling of friendship for Russia by sev eral powers or heads of powers, the un easiness In the commercial centers of these same - countries shows that the people regard the czar's ability to over come the far eastern situation with sus picion, hence . Russian securities are dropping and Urge failures are reported. It Js reported from; Berlin that heavy failures occurred there yesterday and to day as a result of the tumble of Russian securities. . Mors failures are expected. Financiers are surprised at the show of weakness on the part of Russia, but they have all along known that she was mors or less financially embarrassed. The exchange hers is crowded today with people looking for war news, but none is received of a satisfactory char acter. -. -' '.; - .. : Two- directly contradictory messages were received this afternoon regarding; the Russian forces on the Talu, and both, were alleged to emanate from official sources. One declared a Russian ad-. vance across the river to a new posi tion; the other states there has been no move of any Importance except in the vicinity of Harbin. v When Admiral Makaroff arrives ' at Port Arthur it is thought an effort will be made by bis-fleet to drive away or damage the Japanese coast patrols. Makaroff has seen -much service and is) a bold and successful officer. - XWDEPEJTDZVCB TO lOUi, Stats Department Beoelves Advloes of Treaty JTegotiations. (Washing-ton Boreas e The Journal.) Washington, Feb. 24.--The state i partrnent this morning received advices that Japan and Korea have concluded the negotiation of the treaty guarantee lng to Korea her Independence and integ rity. , It Is supposed that under its terms Japan is allowed to temporarily occupy the country with troops, with the understanding that at the close of the war with Russia it will be the signal for immediate' withdrawal.' This move com ing as it does on the heels of the protest filed yesterday by . Russia is regarded here as a most effective answer to Rus sia's representation that Japan violated the neutrality and integrity of Korea. ' ' (Continued on Page Two.)