LtO CHARTER LM2IIDMEIIT VtTiiOUT A VOTE' OF TliE PEOPLE-THAT. TOE PROPER :?G1 G 00D EVENING. , TJUS WXIATIECX. - T" Tonight and Wednesday, shnwers; cooler tonight; southerly wind. S ' W I J V TKE aCUUTION , " OF TKE JOURNAL - YESTERDAY WA5 13.01(1 VOL. XIL'ttO. 71 PORTLAND. OREGON, TUESDAY EVENING, MAY ,31. 5 1901 . : " PRICE FIVE CENTS. Special Agents' Reports, Records of the Government and His Own Admissions Declare That He Is Guilty, of., k. Violation of the Plain Established1 Laws.; :- . ,, lind Which He Acquired Whfle Receiver; at Roseburg ; Was Taken Up : r in Defiance- of President s Express Prohibition His r Flimsy - Pre-. . " tense That He Wais Under a Blissapprehension Absttrd; v . ; . i . -" - : ' ' - 1. When InformaUon of th stupendous fraud of th Benson-Hyde ring; reached Washington to th i spring; riM.XandCmmissionerJBlnger Hermann delayed th investigation by Bending Special en$ ev Holsinmr. who had been assigned to the work, into Montana and keeping him there for more than three . month.., - . ,.',"-'' ' ' ' " ' - ' When" Holslnger report,' containing a complete expoture of the frauds, the ' eonfeaaion of J. H. Schneider, the. eonfldenltal agent of the ting; and the evidence upon which to bam tnetant proceeding against tht conspirators, reached Washington In .November,! 1902, Hermann suppressed It Be kept the report hid den, until Secretary Hitchcock, learning of Its existence forced him to produce? lC " V. . , ' ' This report, now on file at Washington, afforded the basis for the ' prosecutions instituted after Her mann had been dismissed from the land offic,and which have resulted In the Indictment of John A. Benson, Frederick A. Hyde and some of Hermann's trusted oubordinates. Hermann's suppression of the report was on of 'President Roosevelt' reasons for removing him from office. ., X , , a . S. r The report of Inspector A. K. Oreene, forwarded to Washington to February, UOJ, and bow on file In the land department, recommended that Hermann be Indicted for rushln to patent the fictitious home stead entries of the Puter-afcKlnley gang, In the face of report by two special agents of the department exposing the fraudulent mature of the entrieo. Greene's report name II bogus entries In the Cascade mountains forest reserve, which Hermann had himself 'declared In writing to be fraudulent, but which he made special, causing them to be approved and issuing: patents upon them , three days after approval. .Honest ettlers were compelled to Walt from ten months to three year-for their patents. :v,::-x.y(: S. The Indictment now. pending in' tho federal court of this, city against Horace McKinley, B. Puter, Mario Ware and Bmmi Watson,, recites that they filed false and fraudulent homestead applications. after ap- : supported' by forged and perjured affidavit, and that patent were issued upon them II days arte broval In the general iMd fflcr r ;-rwJr Th records of tho land 'office at Roeeburg show that Hermann, while receiver of that office, ac . quired 4,000 acre of public "land, in violation of law and In ' contempt and defiance of speclno Instruction from President Granv forbidding such purchases by register and receiver of theIocal land offices. - This land Hermann still owns, never having offered to make restitution to tho government. ' ' . ' Tho Report" of Inspector A. R. Greene forwarded to 'Washington In November, 1901, and now on-file there,' charged Hermann .with direct responsibility for the fraudulent survey of publio land In Oregon for which ex-Surveyor General Henry Meldrutn ! now under Indictment By these frauds the government was mulcted of over $50,000. Attached to the report were 81 exhibits," including letters and telegrams from Hermann authorising the purveys, but ail of these documents have mysteriously disappeared from" tho files. It is said that they were last seen ther day before Hermann went out of office, and that they were then on his desk. When they were wanted for presentation to the grand Jury last March they could not b found. . ' J', .:''r !: .;'?--r y..r':-p'l:'-;:'--:-t; A',A; -'X '-y-X, , 6. Th report of Special Agent Holslnger, already alluded to state that under Hermann's administra tion of the land office' forest reserves were platted In accordance with plan prepared In the San Francisco office of Benson and Hyde, th boundaries being fixed so as to facilitate their steals, and one of Her mann's confidential clerks kept the? conspirators constantly Informed of every move by the department that could affect their Interest. - That this could' not have been don without tho knowledge- and consent of Hermann ha been repeatedly stated by. th Oregonian. which 1 now defending; him. ' -xx ,x'l .. , -css '-:x.: :x Si Mrs. S. G. Reed Founds School ;to Educate . . Poor Youth. BEQUEST1 OF; $500,000 I Will of Portland Pioneer Woman filed la County Cocrt leaves to Other Charities and Rela- ,, v tlves Half Million. .'. THE CUCKOO CLOCK HEARD AGAIN DAY PROVES ONE - Of TRAGEDIES ON WOfrJAN'S GRAVE POISONED FLOW REPORT JAPANESE Youthful Hasband Slays . Wife, Child Fiend Desecrates Crave of . Mrs.. If. W. Port Arthnr's turn : Said Jo' Have and mmself-nglneer Shoots Prettyman and Then Administers Either Sank or Silenced Japanese Woman Other Cases A Deadly Drutf; to Fowls. Gunboat Loss Was Great. Blnger Hermann asserts that the 4,000 acre of goernment land taken up by him while he. was receiver of the Roseburg . land office were. aoqulred in Ignorance that he was" violating the law or the rules of the department This assertion is untrue. ' " When Hermann took up this land he did It with full knowledge that he had , . no right to do so, and that he was act - lng contrary to the express prohibition . of the president, who had notified all registers and receivers of land offices that they must not acquire government .'lands.'. ' ' ' f'Vs.. ' Prior to 1171, when Hermann -was ap pointed receiver at Roseburg consider table scandal had been occasioned by the practice among certain officials of local land offices of taking up government lands. This was in violation of numer ous provisions of the federal laws pro ; faibltlng . all omcuus. cieras anoem - ploves of the land office from "dlrecWy or indirectly purcnasing or oecoming m ' terested in the purchase of publio lands." These laws had been in force for many years before Hermann's appointment to CHARTER'S FRIENDS : I : AND FOES ALIGNED :: e '-, The committee of cltlsen ap- '. e pointed by the public meeting to e - e take steps with reference to the ' , various ieglslatlye candidates as were calculated to insure the , , maintenance of the present ' city , 0 ' charter has made publio recom- 0 mendation that the following ,i ' - named gentlemen be voted for by , e all who believe that the charter ,'e should be maintained: ' ,; 0 A, R XV MftlSTT AflTTHl , M 0 W. U BREWSTER, . 1 ,, '0- ,E. B. CLARf, e ' - ' JOSEPH E. HEDCSE8. '. . It recommends that the follow . - e ing men be voted against as being against maintaining the present 0 e ' city charter: - '- ,'.' . A. A. COURTENbT. j . ' 1 ' 1 e A. J. CAPRON. ' v ", ' THOMAS H. CRANO. . - e ' W. R. HUD80N. i. MADISON WELCH.'' . . e " "" e OEORGffl W. HOLCOMB. -.-. , e ' Save the list, for It will help ' 0 ,. re you in making out your ballot in v ' the Interest of good government 4 - e The 'list should be In the hands e , e of every voter who favors keep- e e the Roseburg office, and are still on the statute-books. , - The attention of President Grant bad been called to the violation of law by local land office officials, and during Hermann a terra at Roseburg the presi dent issued a special order directed to au registers and receivers or una or flcea prohibiting them - from making purchase of government land. A copy of this order was received at Roseburg and was posted In the land office. It was notice to -Blnger Hermann that his speculations In government land were unlawful. Nor was this the only notification of this character that Hermann received while in the Roseburg office.. Commu nlcatlons, were sent to him from the gen eral land office at Washington,' warning him that as an official of the depart ment be must refrain from purchases of pUDiio land. i , It was in defiance of these repeated and imperative Instructions that, Her mann began to accumulate his holdings of valuable land. He made cash entries on extensive tracts, and by thrifty speo ulatlons In scrip he constantly added to his possessions. , The foundations of the fortune which he has 'amassed during his long career as an office-holder were thus laid in violation of the law and In disregard of the orders of the president and the secretary of the Interior.. During, the two years that he was In the Roseburg orrice Hermann secured 8,000 acres of land in Jackson county and 1,000 la Coos county., . This. land he still owns, , The . Journal published re cently an official certificate from J. h. Booth, receiver of the Roseburg land of flee showing" ". that these entries were made by Hermann, and giving dates and descriptions of the land. These data were taken from the records of the of fice. They show 'that on February 14 and 19, 1872, Hermann entered, by ag ricultural college and bounty scrip, upon portions of sections 21, S8, 87, J 8, tt and 84, township 86 south, range 1 east and that on March 1, 1872, he made cash en try upon portions of sections iO. Jl, SI, 26, 37, 29, 82 and 88 in the same town ship. - . '' Bermana Soe Vat Deny. . Hermann cannot dispute the evidence of the records. "I did make such an entry," he ad mltted in his speech at Salem. The exouse he offers is the flimsy pre text that at that time the law prohibited entries by land office officials was pop ularly construed as applying only to those in the general land office at Wash ington. He asserts that not untU June, 1900, was this law Interpreted, aa apply ing to the officials of local land offices. This is abundantly contradicted both by the instructions sent to Hermann from Washington and by the laws them selves. The federal Statutes in force In 1872, when he took up public lands, were unmistakable In .their prohibition of such acta The prohibition had been emphasised by express Instructions front President Grant himself, as well as by oraers xrora tae secretary or the interior. ' Hermann set at defiance th law and the mandates of bis superiors. . " Among the sections of the federal laws which forbade acquisition of the publio lands by receivers and registers were tne xouowingr t . r- - Section 4 &2, Revised Statutes of the United- States, provides: "The officers. clerks and employes In the general land office are prohibited from directly or indirectly purchasing or becoming Inter ested In the purchase of any of the nub ile land, and any - person who violates this law shall forthwith . be , removed from his office." Section 10 of an act approved Anrll zd, isii. establishing tne land office, ioiiows: Ana do n runner enacted that no person appointed to an office instituted by this act or employed in any such of fice, shall directly or indirectly be con oerned In the purchase of any right title or interest in any public land, either in his own right or in trust for any other person, or in the name or right of any other person in trust for himself, nor snail take or receive any fee or -emolument for negotiating or transacting the business of the of flea Any person of fending in the premises shall forfeit and pay $100, and upon conviction shall be removed xrom office." , , The general land office was reorran ised July 4, 183 6. and section 14 of the act again prohibited all officers of. the department "from dlreotly or indirectly purchasing or in any way becoming in terested in the purchase of any of the publio land." The manifest purpose of these repeat ed prohibitions was to prevent ail offi cials of the land department from using tneir positions roe their own private gam and at the expense of the publio. It Is absurd to contend that the prohi bition was Intended only for off lcials in tho Washington office, for' their oppor tunities xor making purchases or pub lio lands would be few, it any. The laws were aimed primarily against; the receivers and registers of the local land offices, who would otherwise be able to seise upon all the choicest lands in their districts to -the exoluslon of legitimate settiera - No sensible man can be deceived by the subterfuge by which Hermann seeks to escape responsibility for his acta He scimma puoiio iana in tot igu Knowl edge and with ample warning that he had no right to do so. For 82 yeacs he has - enjoyed the ' possession of .these 4.000 acres, and apparently without a thought of restitution,- . , , . ' . ' BBT. KB. BOAXTSOV ZS DBAS. ; ' ' (JoarMl Special Berries.) New York, May 81. Rev. P. Scanlon. chancellor of the archdiocese of. San Francisco, died today at St Vincent's hospital of a oomplicatioa of allmenta ' (Journal Bpaeltl Barrlee.) ... . Cambridge. O., May , 21As th re. suit of a quarrel with his wife .this morning, Andrew Measer went : to a neighbor's, borrows a rifle, returned to his home, and shot both his wife and Infant son. He then turned the rifle against himself .and sent a ball crash lng through hlS 'skuIL bringing Instant death. " jjii,; :, ,.,;, Messer was but 24 years of age-and his wife but 17 years old. The child which was sacrificed to the father's temper was but 1 year old. Intimates assert ! that the quarrel is believed to have been the first one ever engaged In between Messer and his wife. ., XATOB TAKES UTB, Baltimore, Md., May 81. Mayor Rob ert M. McLane of this city committed suioide yesterday afternoon by' shooting himself through the head at his home. No. known cause Is assigned for the act although by some it is thought that re cent criticisms by political enemies may have caused a temporary mental aberra- tie was elected as a Democrat for a term of four years last May. He was 88 years of age, a member of a promi nent family and very popular among the people. He was married about two weeks ago to a well known and popular so ciety leader of this city. Clay Timanus, president of the city council, a Republican, became mayor to- aay ic succeed Mayor Mcuine. , The lat ter was a Democrat No further expla nation or Mcuane s act has. been made known other than despondency over crit icism aimed at him since the big fire. , P i. ii n mi i I ii . ) 4 i UIUUUB ATTEB MXTBSXB. Pittsburg, Pa, Miy 81.Irvln Wise. well-known mechanical engineer, this morning i shot and killed Katie Craft, a boarding house owner, and then com mitted suicide. It Is presumed that-the woman rejected bis suit Prompted by a motive that has not been explained, a fiend in the person of a young "man desecrated the grave of Mrs.,H. W. Prettyman in Lone Fir ceme tery yesterday and made a vicious at tack upon the home of Mr., Prettyman, At the Prettyman residence In Mount Tabor poison was distributed about the place and caused the death of 80 chick ens. uvvu vn i ui most mvsceria lous and dastardly that has ever been brought to the attention of the local de tectives; Officers are working on the case, but have failed to find a clue that will likely result tn the arrest of the perpetrator. It Is believed, however, that the deed was done by a young man who claims to have a grievance against we rrettyman xamuy. , At II o'clock yesterday Mr. Prettyman and hl daughter went to the grave of nis wire. They placed ' BVXZiETZB, Tien ' Tsln,' May 81. It Is reoorted that four 'fulj Siberian ' regiment left Tasechao, 20 miles south of New Chwang, for Kin Chow, Monday. It la believed these will be followed by an entire division In an effort to relieve Port, Arthur. Mukden,' May 81. A report reached here today that the- Japanese attack on ! Fort Arthur Saturday was not without loss.; The report says that the attack was made after night had fallen and when everything seemed favorable for the Japanese cause. An" attempt similar to the one which recently proved temporarily successful was made to block the harbor entrance. A number of torpedo boats, a gunboat Mrs. 0. ' O. Reed leaves Guests:- r - - To Mra Amos N. Reed, , a cou- -sin ........2 25,000 To Harry TX and Grace G Reed, , , children of Amos N. Reed, each 10,000 To Georglana Reed, widow of deceased's husband's half brother, Edward P. Reed. ... 25,000 To Georglana Reed, In trust ' ' for Georglana's children...... 80,000 to jymuy rioitering, a sister, and to Amelia wincn. wife of Mar tin Wlnoh, each............. To Myrtle Walker Winch,' widow of Henry ;Wlnch.- ;..'... To children of her sister and brother, Ellen,' Bailie, Emily, William M. and John A., ea.. To Simeon Reed Winch, son of her nephew, Martin Winch.. To the -'i Troupe . Polytechnic - scnooi, fasaoena, cel.. . . . To First Unitarian church , of Quincy. Mass.................. To Unitarian society of Portland To the Home, Charitable society of Portland ................. , To the Boys' and Girls' Aid so-. clety of Portland....'.,...,.. To the f Baby Homa Pattoa. , Home and Homeopathic Hoepl . tal and Dispensary, Portland, ! ' each ; 1,000 To Portland Free Kindergarten 2,000 To Portland Library association : , and free library,.... 10.000 To Portland City Board of Char ities To Oregon Humane society..;. : To Pooples Free Reading A Ll-- brary association, Portland., i To Refuge Home for. Women, Portland To Portland Women's union... To Portland v Good , Samaritan-'. hospital 1,000 To Old Ladles' Home, Portland, block of 124 and, ....... 40,00ft To Martin Winch, nephew....; 100,000 TO Trustee of Reed Institute, . balance of property, and for a .building 150,000 Total cash bequests....... 1.000 100 1,000 5,000 10,000 2.9O0 ; 5,0U 5.000 1.090 2,000 1,000 1.000 1,000 1,000 .2438,500 flowers- on the grave. Then - they went home to luncheon and returned to the grave in the afternoon. . Jflowera Tuned Black. They were startled to discover that the flowers were black, instead of th various colors they bore when they were placed upon - the grave,... Gasing in amazement on the metamorphosis. Mr. Perttyman reached down to investigate. He seised one of the bouquets, but -drew his nana quickly away, dropping the iiowera 10 ine grouna. ! His hands stung as though ' burned where they had touched the flowers. To day he visited a physician and was in formed that his hands had been burned by carbolic acid, Unable to Understand the change of the flowers Mr. Prettyman and his daughter returned to their homa -' , Poisoned CMokeua. It was 8 o'clock in the afternoon when theyi reached the placa In the yard were scattered a numoer ox dead chick ens. There is a large number of the fowls at the place and they were JBAX0T8T OAT7SXIS TBAOB9T. .- I hnwA rninlumi ht AlunrA amA v-.- AUUMW41. aw.1 hij tijn. b: norn-1 wninn wra not dei , itirnn oucxiB, a weaiiny reeiaent snot and i main ahmit th nM. a n.imK.. i- killed himself and ' seriously wounded i Mvevaav acaaa-vaar aaas uic;OU . "JUV, VCtrj I WVlTV POIBOHCU. By the will of the late Mra S. G. Reed, filed today, the poor young men and women of this city who are strug-" pi lng for a living and such education as they can acquire under trying conditions and merchantmen steamed quietly to-1 are. benefited to the extent of property m-nrri th harhnr ntntii.i hnf . IssRSSMsd for more than 8500.000., The a number of I ntnlraii .in kv h Pm.l.n fA Wnmn'i hiuiM rKtn 110 .000 In raIi. ,v,- i - .... w...M, - . - -- . , .terrirMT. cannonade was centered on ina many otner msiuunons prom. the gunhoat which was sent to the The bulk of this money goes, toward bottom, and a f ow minutes later, the the founding of an institute of art, report, says,, two torpedo boat also dis appeared. The merchantmen, after the' loss of the Japanese boats, retreated from the tone of .fire and were apparently un harmed. 4 ' ''." ' , " . The report is unofficial. It 1 re garded as certain here that if the Jap anese were repulsed in an attempt to shut the harbor another desperate trial of this sort will be made within a short time and In greater force. this morning. The cause of the tragedy is supposed to nave been jealousy. The woman's -recovery is doubtful. WATERS HIGHEST ON RECORD AT PAOLA ' ' (Joonul Special 8errlee. Faola, Kan., May 81. The Marals Des- cynges river flood is Your feet above the - highest - record. Railroads are blocked and, many people at Ossawato mie are nomeiess. . , . , The waters seem to be recedlftar and 11 no neavy rainfall la experienced, dur ing the next 24 hours, they will soon reacn weir normal level. . . nrePBOTB aUBATEBWOBTX rosT, ' (Joornal Special Service.) s Fort Leavenworth. Kan.. Mar II secretary of . War Taf t reviewed the garrison andi Inspected the post here this morning, then boarded a trolley for Kansas City, " where he will participate in the automobile parade and probably make a speech at Convention hall before leaving for Washington tonight. Investigation revealed the fact that poison had been thrown about tho place promiscuously. "Inside the house were also found several articles on which it is believed the -deadly drug - had' been placed. , Mr. Prettyman presented the facta to Dr. Woods Hutchluson. . He is conduct ing a chemical analysis of the drug. "I am not through with the analvsts and, cannot say positively what poisons are contained In the preparation - that was left at the Prettyman home," said Dr. Hutchinson today, "the deed was certainly the most dastardly I have ever heard of and I wish the culprit could be discovered. , , . , . , . t. , r. . prettyman is a deputy game warden. He has no enemies, be says. SPANISH CITY IS , . SWEPT BY FLAMES ; 1 'in , m ..y -X , (Jonrnsl Special Serrlce.) ' ' Madrid May SI. A fire at Luanco to day resulted in many deaths. The J list haa not been made up, according to-the report received here, but la known to be heavy. ftOZTDOV BOUBTS BBPCJBT. , , f n iirr in ii'.iir.i ai - ' i Hear Gunhoat Was Damaged, Bat Bo ; '. Blockade Was Attempted, - (Journal Special Service.) London, May 81. The reports were received here today to the effect that in actions off Port Arthur the Japanese had sustained loss. One from Mukden, undoubtedly from Russian sources, says the Japanese lost two torpedo boats and one small gunboat - ' A second report: from Chefoo makes no mention of an attempt . to obstruct the entrance to the Port Arthur har bor, but. contains an account of a re oonnalssance being made by a Japanese gunboat No. I, on Monday, In whloh the gunboat' - ventured too - near , the -' f ort was discovered and badly damaged by a fierce shell fircxrom ue land batteries. The gunboat escaped with difficulty. but no attempt was made at pursuit This latter fact causes belief that the harbor ,1a stiU dangerous for the .Rus sian egress, as the gunboat was prac tically unsupported. One petty officer of gunboat No.' 8 was killed, three men injured and one gun badly damaged. . The Chee Foo report is the one ac cepted as true by London students of the situation, , - . imuslo, literature and manual training, a' practical school to be known as the S. G. Reed Institute, named In . honor of . the dead husband '. of .-the deceased, who passed away in 'Pasadena,'. CaL, some ; nine years aga ' ' . In addition to the endowment Mra - ' (Continued on Pago Three.) PLOT TO KEEP VOTERS FROM POLLS It is positively ssserted that a o scheme has been formed by the liquor. Interests and by the gam- ; 4 biers who are enlisted in support i of the Republican, ticket to join e forces on election day and far e aa possible to prevent the better o class of cltisens from voting. The : XtAXirr BOT,BXSTBOTZ, Japanese Ftad 100 Warehouses, Barracks 1 and Other BnUding Tfalnjured.-t , (Journal ptclat Berrice.l ' "r ; 4 Tokjo May 81. General Oku. com mander Of the army operating against Port Arthur, reports that the JaDanese occupied Dalhy Monday, , More than 100 warehousea the barracks, telegraph of fices, and railway station were found to be uninjured. About 200 railway (Continued on Page Two.). ; U : a liquor men are anxious to reduce to a 1 minimum the vote for the local option law, and the gam blers are equally Interested in the success of the Republican ticket which will ensure a eon- "tinuance of the Immunity, from the penalties of the law, whloh ' they now enjoy. 1' - , In the downtown precincts the, saloon and gambling elements are' , strong, and they will be aided by the heavy registration of pur chasable voters. But la tbe out- ' lying and residence districts it is said that they propose to adopt obstructive tactics. -Every voter who is suspected of hostility to either the saloons or the gam bling houses wilt. be. challenged. All Democrats are slso to be challenged with a view to Cutting down the Democratic vote. ' If any considerable proportion of the voters should drfer the casting of their ballots uni 1 afternoon, this scheme will pre vent many of them from vm ? at all, , It la Imperative thrf.n ' Democrats and sJv.m i-h r' local option lnw. i i Sire to lose t'-.'-'r go to tlie T''- ". -