Jfouiniaf G OOP EVENING. . . THE ORCUUTIOJI Of THE JOURNAL YESTERDAY WAS Tonight and Thursday, partly cloudy, with probably light, rain; aouthwast winds. VOL. III. NO. 285. PORTLAND, OREGON, WEDNESDAY EVENING. NOVEMBER 88, 1804 FOURTEEN PAGES. PRICE FIVE CENTS. REMOVE CITY ENGINEER ELLIOTT" IS RECOMMENDATION OF COMMITTEE INVESTIGATING THE TANNER CREEK SEWER "R1NERS DISHONEST" Inquirers Demand That Sewer Be Rebuilt at His Cost. CAYWOOD AND SCOGGIN ALSO ARE CENSURED Removal. of Both Demanded Sensational Recommenda tion to Executive Board. City JCnjtar lUoit, AiiUnt En glneer Oeorge Bcoggins. Inspector M. J. Caywood and Contractor R. M. Rlner and aon have been declared responsible for the defective work which has been dona on th Tanner creak aewar. The committee of Investigation, eon slating of L. Zimmerman. B. D. Blgler , u x iih nnmnl.tMl their Inves tigation and made a strong report toth city council at I o'clock this afternoon. They found Cijy Engineer Elliott dere lict In duty In appointing only on ln sp fe tor on such an enormous job aa th Tanner creek sower. They censured him for falling to Inspect th aewar thor oughly after the work was completed, and state that he la hold liable to dis charge from his off lc for his negli gence. Practically the sam charges are made against Assistant City Engineer Oeorge Scogglns. and ho Is held liable to re moval by the city govern mem t. Inspector If. J. Caywood was found Inoompetent and unreliable and hia re moval la recommended. n M Rlner and aon are found to be dishonest. It la recommended that th wer be rebuilt and that th coat of. the same be deducted from th amount which the contractor wer to ha.ro iwoelrat for th building of th awr. H Th text of th report follows: r' To the Honorable Mayor and Council of the City of Portland Gentlemen. Your commltto. appointed to Investi gate the condition of Tanner creek sewer. In ordr that this department of th etty government might be fully informed before levying an assessment against the property affected, begs leave to report that they secured the services of an Independent committee of four, consisting of the following named gentlemen: Oeorge Knight. Petr Flynn. James Cunningham and R 8- Oreenleaf. whose report thereon we attach hereto, marked exhibit "A"; Sis, th sworn testimony taken at aewstal meetings of your committee, held on th lath, list and lid of November, marked exhibit "B"; the statement Of th city engineer. In answer to th finding of th ex pert commttte. and to all of which x L ....... ..ir vnur full and careful lllllll. WW . j. consideration, 'as th tlm t our dis posal la too limited to enable us to re port thereon t length. First, we And that In our Judgment th city nglneer. Mr. WUllam C. Elliott, was extremely drHct In duty. In ap pointing only on inspector to cover work which waa In progress for 14 con secutive hours each day: Incompetent, In not so organising th sffalrs of hia de partment aa to make it possible to closely and carefully follow up th work of construction aa It progressed; and, finally grossly negligent In accepting this work without making a final In spection, and we respectfully direct the sttention Of thst department of th city government, which undr th charter has authority hi th matter to th re moval of the etty nglnr from office. "Seoond, we And thst Mr. Oeorge Fooggtn. chief deputy in th offto of city engineer, equally culpabl and 1 ta ble with th city engineer. In not de tecting during hia frquent Inspection, thst the work was not being carried out In accordance with the apotficatlona. end we recommend to th PPr thortty similar tp b taken In hia case as 'with th city engineer. "Third we find that th Inspector. Mr J M. Caywood, was Incompetent and unreliable In certifying to th quan tltles of material used and th work manlike manner of constructing th sewer In view of th facta contained In the report of th experts, and we rec ommend hia removal from the list of Inspectors and from employment by the city. Fourth we find th contractor. R M. Rlner and his partner. R W. Rlner. ( Continued on Pag Two.) WEARS A COAT THAT COST A FORTUNE (Jearnal Special servke.) Nw Tors, Nor. 23 The most expen sive single garment yet worn to an opera Is Mrs. Adolph Lswlsohn'a 12.000 sable coat. Some who saw th 128.000 cost affirmed thst It I th mo ( expensive Ingle garment In th world. This, how vr, furrier say, l not strhtly true. Ob iritiilrg tradesman Bald today thst HERMANN A WITNESS Congressman Testifies at Land Fraud Hearing This Afternoon, WRANGLING ON POINTS OF LAW AD LIBITUM As Every Possible Obstacle Is Put in Way of Prosecution the Program is Slow. administration of the United States land office was the golden age of th con spirators whoa colossal frauds robbed th government of hundred of thou sands of acres of th publlo domain, afforded th feature of today's proceed ings In th Puter-Wataon-McKlnley-War prosecution. Hermann was called to th stand this afternoon to explain th circumstances under which patents were Issued upon the, bogus homestead applications pre pared and filed, as tha government al leges, by th defendants sow on trial. HIS appearance In th courtroom cre ated g sensation, for aside from those persons who have been actually Indicted by federal grand Juries for complicity In th land frauds, there la so on whoa name has been so constantly linked with these transactions aa Ringer Her- Th Immediate object of the govern ment's attorneys In' placing Hermann on th stand was to establish th fact thst S. A. D. Puter and Emms Watson war In Washington for th purpose of getting patents issued upon th fraudu lent homestead applications previously filed in the Oregon City land office. In cidentally th governments attorneys brought out th sensational fact thst It was through Senator John H. Mitchell that Puter and Emma Watson made their request to Hermann. Hermans' Complaisance. Affidavits were mads in Washington by Puter and Mrs. Watson vouching for the statements of the alleged ficti tious settlers to whom they desired pat ents to Issue, and upon th strength of these affidavits Senator Mitchell wrote s personal letter to Hermann, request ing him to expedite the cases. Th com missioner obligingly compiled, notwith standing tha evidence already received by th general land office strongly in dicative thst th entries wer fraudu lent. Aalde from Hermann's teatlmony, th sensation of the day's proceedings was the partial Identification of Emma Wat son aa th woman who filed homestead application under the nam of Emma Porter, In th Oregon City land office. Much of th tlm waa consumed In argument by the attorneys over th admissibility of th evidence offered In the government' behalf. Every technicality Which legal In genuity can devise Is being Invoked to hinder the Introduction of the govern ment's proofs Of the numerous docu ments already Introduced by th prose cution, not on has escaped challenge by tha defense. Judge Pipe and Judge O'Day are surrounding their clients with a veritable chevaux de f rise of technical objectlona which are expected to withstand. In the event of conviction sad appeal, the final , onslaught of th prosecution. Th inevitable consequence Is thst th progress of the ess. Is very slow. Only three witnesses were on the stand this morning, although th testimony given by them did not actually occupy three quarters of an hour. All the rest of the morning was consumed In tha arguments and objectlona of attorneys Partly Identifies Judge WUllam Galloway, now on th circuit bench of th third district and for six yesrs receiver of the Oregon City land office, was the first witness called. Th feature of his teatlmony was hm partial identification of th defendant Emms Watson aa th person who appeared la th Oregon City land office four years ago under th nam of Emms Porter and made affidavit to homestesd application. After questioning the witness upon the procedure when homestead application war filed, Mr. Hall handed him the ap plication of Emms Porter and asked him whether he could recall the clrcutn- (Contlnued on Page Two.) s was engaged In s transaction for a til. 000 coat. He said his customer had not been willing to go above $27.00. hut that It was impossible to furnish her with th east she wanted, exclusive of th work In msking. for less than 131, 000. Mrs lwisohn refuses to hare any thing to say regarding the garment. She Is th wife of a Horace. a.HcKwLEy S.A.Finm NAN PATTERSON Lowers Eyes When Skeleton Is Brought in Defense Assert Will Produce Witness Who Saw Young Grasping Revolver and Struggling with the Woman. (Journal special Berries.) New York. Nor. 23. Miss Patterson wore her usual black dress when she entered the court room this morning and looked careworn grid weary. When th skeleton wa brought in she low ered her eyas and turned to her father. On cross examination Pr. O'lianlon. th coroner's physician, testified thst be mads a very careful examination of th wound and described th course of th bullet. He sdmltted that If he had considered It s esse of murder he would have made a more detailed report st th Urn. y O'lianlon said that he believed all th marks on th bullet wer the result of Its contact with s rib. H sdmltted thst he had taken pieces of akin from the hand which he thought showed pow der marks. He examined them under a microscope. Objection to further teatl mony regarding marks waa sustained. The witness saw th defendant imme diately JMfor her arrest, lie looked at her haids, but did not detect the odor of gun powder on them. Prosecutor Rand objected to s question as to whether he ssw powder marks on th hands of th defendant and was sus tained. Dr. Nasi, physician for Pawnbroker LAWSON UNPURTURBED BY SUITS AGAINST HIM (Journal Special Service ) Boston Nor. 21. Thomas W. Lawson is not alarmed by the tlGO.OOO suit brought against him or th threats of other actions Impending. On being Im portuned last night for Interviews by several newspaper man, h issued th following statement to all th newspa pers asking for his personal views: 'In regard to the suits and rumors of suits, civil and criminal, brought and to be brought against me by the Stand ard Oil, the Insurance companies and Individuals because of my story, 'Fren xled Finance.' I can simply asy: "Bring them along, and I will be pre pared to give battle, giving no odds and asking for none. I have been telling a few raw truths, and In this sge of dol lars no irlan will be allowed to distrib ute truth about finance without paying the price. My truths are big ones, and I suppose the price will be equally big But the Americas people may rest as sured thst whatever th price, I will pay It and not ask sny sympathy for doing so; and they can rest essy shout another faot: I Will make those who have been plundering th people during the past ten year pay a price to whleh mine will appear Ilka a tight shoe com pared with th Inquisitorial racks of the dark ages "Let the American people make no mistake. Twelve o'clock Is Just being truck at th While-You-Walt factory where multl-mllllonalres here bees turned out from the raw material, and unless I miss my guess. It will take more court fhsn th. re are In America to drown the ominous sound of that high noon bell." FIVE ARRAIGNED FOR DYNAMITE CONSPIRACY (Jearnal Special Service Cincinnati. Nor. 11. Fir men, er rested for connection- with th dynamite plot and murder of Samuel Weakly, a non-union moulder, growing out of the moulders' strike, wars arraigned this morning and their esses set for De cember A detective has been sent to Cleve land for Joseph Valentine, president m the International Moulders' union, whoae arrest has- been ordered In the sam connection. 4 Jirnl Special Service. New Tork. Nor. J. Andrew Car negie Is reported ss being III at hia home Is thla city, but la not la a seri ous condition. Some of the Figures in CAREWORN Stern, ssld thst Stern waa very 111 of peritonitis, but might be able to appear In court next week. Dr. Rlggln of the Hudson Street hospital, who was pres ent st the autopsy, located the bullet bole on the skeleton, and placed It three quarters or an inch nearer the sternum than did Dr. O'lianlon. Attorney Levy for the defense as serts that he will produce s witness who ssw Tonng In th cab grasping th revolver In hi hand and struggling with th young woman who was trying to wrest It from him. Dr. Lederle. former health commis sioner, testified thst he had examined two places of skin but oould not deter mine th nature of th black specks and there was no way of telling whether they were powder burns or not The stock book of Stern, th pswnbroker, was produced and an entry read which showed That a Smith A Wesson revolver 74050 waa aold June , for t. Edward Frehllch. an employ of Stern's, testi fied that a man and woman entered the plaoe shortly before o'clock. He was s well-built man, tall, hut witness could not describe his drees. The stock book was then ruled out ss evidence for th present. At the close of today's proceedings th court adjourned until Monday. EXPLOSION OF A LAMP CAUSES LOSS OF LIFE (Journal Special Berries.) Chicago, Nor. II. Mrs Li sale Court la dead and Charles Court, bar husband, and their eight-months' -old child are seriously burned ss th result of s fire In the Court house, on Roman avenue, thla morning. The explosion of a lamp set Are to th house, hut without awak ening Its occupant until th flames were widespread throughout th apart ments SHOT THROUGH HEART; LIVES THREE MINUTES (Joaraal Special Berries. Butts Mont., Nor. tl Jacob Schwa n. th owner of a printing works, met death last night under remarkable cir cumstances. He was shot through th heart. It Is alleged, by John Evan. Schwsn lived about three minutes walk ing through three rooms sad a hallway, where he fell over s chair, breaking his neck. Schwsn was quarreling with his wife, when Evsna interfered, firing the revolver. he declares. to frighten Schwsn. NO REDUCTION IN PRICE OF TURKEYS e There waa but a sllghj, quiver g in th prices of turkey this w morning. d The receipts were very moder- e Ate not one half of whst was expected arriving. This kept th market In good shape from the seller's point of view sad 0 the choicest turkey are still at W St centa a pound. There are. as e usual, a large number -of "culls" 0 and these will be sold at prices A ranging from 10 cents a pound up. Th small receipts this season are attributes to the fact that southern tlregon. which usually supplies most of th bird for this market, sold the larger por tion of Its stock this year to San Francisco, while s small portion went to Paget sound. On th heavier receipts th San Francisco market went lower hat even at th dec 11a price there are as high ss thos be re. the Land Fraud Cases. HOLDS FORTRESS IN HIS CLUTCH Nogi Declares His Troops Shall Winter Within Walls of Port Ar thur Five New Submarine Boats Reach Yokohama . Will Be Fitted for Service Against Coming Enemy. (Special Die patch to The Journal.) Chicago, Nov. 23. Tha Chicago Dally New correspondent with th Japsn array outside of Port Arthur sands th following dlapatch from Cheroo: 'Oeneral Kodama, chief of the Jap anese general staff. Is through with bis Inspection of the operation at Port Arthur And his conference with Oeneral Nogi. "Oeneral Nogi gave me an interview In which he ssld. stretching out hia closed hand: 1 hold Port Arthur her.' " "Where will you winter about Port Arthur?' I asked. Tou are not building barracks and hare only shelter tents.' "1 shall winter Inside,' replied til general. T will take th fortreas soon. I hesitate to us my big guns for fear of hurting nonoombatants' 1 cannot say whst damage th big guns Will do,' resumed the general. " This Is the first time In history thst coast defense guns have engaged each other. I brought ours from Japan. Th Russians cannot us theirs against Ad miral Togo's fleet and have turned them landward.' "(ieneral Kodama paid a high tribute to the Russian engineering skill. Bay ing thst the fort formed s complete chsln and thst no on place waa th kay to th situation." gTJBMAXDTB BOATS Joaraal Special Sei-rle.) Toklo. Nor. It. Fir submarine boats arrived at Yokohama today, where they are being fitted for service and will be in readiness and under accus tomed control by experienced man before th arrival of the vanguard of th Rus sian Baltic fleet. Th Japaneae are examining them curiously, hut service aboard them Is being eagerly sought Great precautions for their protection have been taken. (Joaraal Special Service ) Vienna. Nor. 23- The heavy Influx Of deserters from Russia Into all the towns and villages along the Austrian frontier continues. The military au thorities st Cracow are taking every pre Attempts to commit SUICIDE BY SHOOTING (Special Dispatch to Th Journal.) Walla Walls, Wash.. Nor. 23 Albert Bayer, an employ of the bottling work her, attempted to shoot himself at 1 o'clock this afternoon with a 12-callbr revolver. The bullet pasaed through tha ton of his skull He will survive. Ha had a row with John Donnettt, s fel low workman, this morning, hitting him with his fist In th face Donnettt was taken home and Bayer, hearing that Donnettt had died, shot himself. WELL KNOWN RESIDENT OF CENTRALIA EXPIRES (Special Dtopatsb to Tee Jearnal.) Centralis. 'Wash.. Nor. 23 Jesse Martin, an old pioneer and well known resident of Central la. died yesterday. He will be burled Wednesday. Tha cause of death was general debility. Martin came to Central la years ago when the town wa In Its Infancy, there being not mora than 100 Inhabitants and has re mained with th town ever since. He leave a widow and family. t S1BTBXBDTBP iJovrnat assets! Barrier.) St. Louis Nor. It. -A carload of California flowers and oranges from th Sacramento valley war given away as souvenirs in th California tloa ta th palace of agriculture at the world's fair. Bach visitor to the exhibit re ceived a garasouB California flower and one of thla year's crop of th famous California sweet oranges from ths Sac ram ante valley an a remembrance. GOV. WITNESS CflAS. E.n00RL?3, T0RnS?LY REGISTER OP THBU.S LAMP caution to nrevent snv of them pene trating within th son of fortifications last, under the protest of desertion. some Russian spy might find his wsy In Up to now the deserters have been mostyly merchants, clems and factory hands They behave themselves cor rectly and ask leave to stay until their relative send them money to continue thelrjourney to America. MANY MINOR FIGHTS. Oeneral Sekharoff Beports of the Far Front. i Journal Special Berries.) St Petersburg. Nov. It. Oeneral Ssk haroff reports that the Japanese Br to day engaged In a severs bombardment of th village of Bhahka Po. and that several minor engagements occurred since" Sunday. Sakharoff says th Russians occupied th bills on both sides of Shin Haelln pass Monday and th Japaneae retreated after some losses. An engagement of outposts oocurrsd Mondsy, but st th outset the Japanese attack was repulsed. The Russians lost 10 men killed and tl wounded. AT FOBT (Joaraal Special ssrvlee.) Toklo, Nov. tt. A Port Arthur re port states that the buildings near th arsenal caught fire at noon. November 22, owing to the bombardment of Jap aneae naval guns, and at 0:40 o'clock laat night were still burning. MKITTOl ADJOUBVS. (Joaraal Special Berries.) fit. Petersburg. Nor. tt. The congress of representatives of the Russian pro vincial Zemstvos, which has been In seaaion sine Isst week, today adjourned Ins die. (Joaraal Special Bervlee.) Columbia, 8. C. Nov. tt. The funeral of x-Oovernor & Tnompaon was held her today. TWO MEN ATTEMPT TO WRECK S. P. TRAIN (Journal Special Barries.) San Francisco, Nor. tt. Another at tempt waa made to wreck s Southern Pacific train last night this time al Capltsn, near Santa Barbara, Two tramps war caught in the act of heap ing rocks on ths tracks, and arrested. It la believed their object was revenge. (Joaraal Special Barvtce.) London. Nov. tt. Th heavy wind and rainfall of th past few day that has been sweeping- over th coast has given way to snowstorms and tar many parts of the Islands th fall is suffi ciently deep to blockade) railway traffic. Reports from the continent ahow frost as far south as Naples. .V- M RUSSELL SAGE GETS $555 IN HALF HOUR (Jearnal Npectal Saertee.) New Tork. Nov. 23 Russell i terday sent cold chills down Wall trt'B spin by calling in 120.000.000 in Th stock market went to places tn It minutes and oail money advanced I to 4 with Im PW wJFw. Af9nFtlF aVauBJn.ft f fug akftCjH imLwmm.. . mm. mm per wsbjbjbbjbjbbs swsrrmx sassv as vssaw sstOK U tWU m ' . a II MANY ACRES FOR SALE Southern Pacific's Hold ings of Subsidy Lands Offered Porclrascrs." LISTING OF PROPERTY WILL BE DONE HERE Oregon's Rural Population Will Have a Tremendous Growth Along Una of Railroad in the Near Future. Over 2.000, ooo acres subsidy lands of the Southern Pacific railway In Oregon are to be placed upon the market The records war received at t ne office of Tax Commissioner Mor row of the Southern Pacific and th Oregon Railway at Navigation companies in this city yesterday, for th purpose of checking up th lists and paying up all taxes due. While considerable trou ble Is expected In the work of listing. It Is reported thst this can be accom plished within s short time, and thst the lands will ha on sale early next year. The date is not announced by th company, and officials decline to ratify th statement that the lands will be placed on sal as early ss January, it IB said that there is a possibility thst a large part of the lands will be re crulsed. .sod that . portions will be with held by the company. The Oregon subsidy lands of tha Ore gon & California Railway company, now the Southern Pacific, comprise about 1.600.000 acres The grant originally constated of every alternate section In a strip extending 20 mile from th road on each side of the main line. The total Width of the subsidy, grant proper la 40 miles. In addition there la s 10-mlle strip outside of this grant on each side, termed indemnity land, from which th company Is entitled to select a quarter aection for every quarter section in th original grant that had bean filed upon by a sstUer. There was shout 400,000 seres In th original strip already filed upon at the tlm th grant was made, and thla amount the company ia entitled to select from the lands In the nlty strip. The Frio at TaoriBgis. Th lands when Disced upon the ket 11 year ago were sold at from tt to $10 an acre. Th price waa grad ually raised until two years ago. when the sale was discontinued, th pries ranged from tl.tO to tit an acre for agricultural land. Timber lands are sold as high aa tit an acre, tn case when th timber cruised extremely high. The) company claimed that the taxes and ex penses of handling the lands axo dad all revenues from Its sale. Whan th Southern Pacific and Oregon Railroad tt Navigation companies' lines were acquired and consolidated by Harri man an order waa Issued for discon tinuing the sale, and It was given out thst tlm would be taken to invoice and llat th lands and pat them in shsp for final disposition. Sine that time the local land department of the South ern Pacific has been engaged la th task until a few weeks ago, whan th local office wss discontinued and th depart ment of Oregon was placed tn charaas of Charles W. EberMn of Saa Fran cisco, who Is th land agent of th Harrlman line In Texas and California, The recent appointment of Tax Agent Morrow of th O. R A N. company to have charge of th same department far the Southern Pacific la said to have been a move In th plan for placing ths land upon th market Th records will be carefully gas over aad the lands will be listed In a manner to per mit of convenient handling by correspon dence from th San Francisco office The greater part of th lands remain ing In ths control of th railway com pany lie In th counties south of Ross burg. There ts about t.000 acres re maining in Multnomah county, and fear or fire time thst amount In Clackamas and Ys mh I n. There is s larger acreage In Polk, Marlon. Linn and Benton, aad the amount Increases southward through , Lane. Douglas, Josephine, Jackson and Klamath counties Mineral BigAts Wltahsld. In formsr years th company's deeds transferring these lands to purchasers were drawn to Including a provision by (Continued on Pag Three) th cm mlltee of safety so yes-1 lato th street, breasnaxg loans recover ax ossbv ji ; iiBBBBaas as i h asai n lai iiia asamaaaii ass