The Oregon daily journal. (Portland, Or.) 1902-1972, November 23, 1904, Image 1

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Tonight and Thursday, partly
cloudy, with probably light, rain;
aouthwast winds.
VOL. III. NO. 285.
Inquirers Demand That
Sewer Be Rebuilt
at His Cost.
Removal. of Both Demanded
Sensational Recommenda
tion to Executive
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
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 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 ....... 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
Fourth we find th contractor. R
M. Rlner and his partner. R W. Rlner.
( Continued on Pag Two.)
(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
Congressman Testifies at
Land Fraud Hearing
This Afternoon,
As Every Possible Obstacle Is
Put in Way of Prosecution
the Program is
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
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
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
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
(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."
(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
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
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
At the close of today's proceedings
th court adjourned until Monday.
(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
(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
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
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.
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
"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
"(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."
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
(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.
(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.
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.
CflAS. E.n00RL?3, T0RnS?LY
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.
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.
(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.
(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.
(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
(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
PW wJFw. Af9nFtlF aVauBJn.ft f fug akftCjH
imLwmm.. . mm. mm
per wsbjbjbbjbjbbs swsrrmx sassv as vssaw sstOK U tWU m ' . a II
Southern Pacific's Hold
ings of Subsidy Lands
Offered Porclrascrs."
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