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HAVE YOU 'NOTICED THE FXi HUSK LESSONS IN THE SUNDAY JOURNAL? THEY'RE MAKING
Of Ths Journal
Tonight and Thursday, occasional
rain; high southerly winds.
VOL. III. NO. 831.
PORTLAND, OREGON, WEDNESDAY EVENING, NOVEMBER 80, 1904. SIXTEEN PAGES.
PRICE FIVE CENTS.
MAYOR PERMITS CONTRACTOR RINER "TO PROTECT HIS
BIG DRAIN 1$ TO BE
PATCHED UP AT ONCE
Then City's Executive Will Appoint
Another Commission to Make an
Examination of Conduit
He Declares That the Former Report Made to the
City Council Showing "Jobbery," Was Preju
diced in the Interest of Property Owners.
Mayor Williams hu granted XL M.
Ulnar & Bon permission to go Into tha
Tanner creek aawer and repair detects in
- The mayor says he Is going etjM fur
ther and will- appoint a committee of
three civil engineers to go through the
sewer and make a complete Investiga
tion, as he believes the report of the
former committee, of experts Was a "lit
tle prejudiced" In favor of the property
Mayor Williams' action cornea aa a
surprise to many. Bo is being severely
criticised by certain city officials In so
strenuously opposing the city council.
They an of the opinion that he is ex
ceeding his authority In granting the
contractors permission to go into the
sewer after the council. In Its report on
the sewer investigation, recommended
that a contract for the rebuilding of the
drain be let and the cost of the repairs
be deducted from the sum which the
former contractors were to receive for
their work. They state that Mayor Wil
liams has no fight td permit anybody to
go into the sewer and make repairs, aa
this power lies In the hands of the
executive board, which has accepted the
Mayor Williams granted the contrac
tors the permit yesterday afternoon to
lay the stone block pavement In the sec
tion beneath the manhole at Sixteenth
and Alder streets. This was tha sec
tion which Walter Thomas, the fore
man, ststed he had left out as the result
of a bribe he had accepted to leave de
fects In the sewer.
Attitude of the Mayor.
"I thought It best." said ths mayor
this morning, "that the sewer should be
repaired st this place for the reason
that large volumes of water coming
down the drain might wash out the
earth and cause the sewer to collapse.
I am of the opinion that it Is better
that niner be allowed to lay this bottom
than to allow the sewer to cave In
causing great damage to the surround
ing property owners.
"Rlner was preparing to go Into the
sewer and make his repair but he says
he was stopped by a man. He did not
give his name. He said the man told
him If he went Into the sewsr to at
tempt to repair it he would have him
arrested. He came to me and after
thinking the matter over I concluded
that It would be beat for mc to give him
the written permit"
The mayor further stated that he
HAS A TRYING TIME
(Joarnal Special Service.)
New London, Conn., Nov. 30 The
United States torpedo-boat Tlnly, la
command of Lieut. C. P. Nelson. U. 8. N.,
with the submarine-boat Plunger in tow,
ha a arrived here, after a series of excit
ing and dangerous experlenees. As a
result of exposure for six hours in the
Plunger, while the seas washed over
them. Gunner's Mate C. H. Billings of
New York and Electrician J. J. Walsh of
Albany are In a serious condition. One
of the men waa nhconaclous when
brought ashore, and the other was so
numbed that he could not move
. t : V,11 tmmt imnnv
nsor ' Al
m i a Kef tha gnvArnmsnl s at
torneys In the lend fraud triaJ, but bs
Is now In Washington, and in response
to the urgent telegrams sent him by Mr.
Heney the senator replied that it would
be impossible for him to return at this
time. The telegrsms sent by Mr. Heney
to locate Senator Mitchell and the sub
sequent telegraphic correspondence be
tween the senator and the attorney fol-
i0Z Paul. Minn.. Nov. .0 im.-Fraaci.
J Heney Special Aselstant United Statea
Attorney. Portland Oregon Unable to
locate Senator Mitchell.
S. J. PICHA.
7:11 p. m Deputy Marshal.
Portland, Nov. 14. 1104. Hon John
H Mitchell. V S H'nats. Washington.
D. C Was surprised on my arrival
here to take up the prosecution of Puter
Wstaon land fraud eases to And you
INTERESTS" BY "REPAIRING" TANNER CREEK SEWER
had given Rlner permission to make re
pairs to tha sewer only at this one place.
He was of the opinion that he had a
perfect right, to do this according to
the charter, whloh states that con
tractors shall keep their work In good
condition one year after It has been ac
cepted by the city. He did not think
he waa interfering -with the executive
board in the matter.
WUl Appoint Commission.
He stated that he did not think any
body would be Injured by allowing
Rlner to do the work as the assessment
or oosts had not been levied. He was
of tha opinion that some one had to do
the work and lr Rlner desired to do It,
why not allow him to make the repairs.
He said that Rlner would be the only
one to surrer whloh ever way tha re
pair la made.
Mayor Williams showed no reluctance
whatever In stating when asked that he
Intended appointing a committee of ex
perts to go Into the sewerv and make
an Investigation. He says he will make
the selection of the men within a few
days, as he desires the Investigation to
"The committee I Intend appointing
will be composed of three fair-minded
men," said the mayor. "They will all
be civil engineers who know their busi
ness and who will not be prejudiced in
"I have reaaon to believe that the In
vestigation formerly made was not els
together fair. I have some proofs of
this. They were all appointed by the
property owners and naturally their re
port would be a little prejudiced.
"You can find defects In any piece of
work, no matter how carefully It Is
constructed. For this reason I desire
to have a fair-minded committee go Into
the sewer end make a thorough investi
gation. Mayor Williams acknowledged that
politics played a big part in tha sewer
scandal, and Intimated that there were
certain members of the city council who
are seeking self-aggrandizement.
Working in ths Soei.
The contractors are in the sewer to
day. They are building a dam In order
to control the water. It will be flumed
over the section of the sewsr where
there Is no bottom, leaving the ground
dry. The work will be finished In a
few hours. Ft S. McMullen. an engineer
(Continued on Page Twelve.)
The Tlnly left New Suffolk, I. I , Mon
day for Newport, with the Plunger. Her
lines parted twice before dark, and at t
o'clock last night the torpedo-boat an
chored close to Watch hill. At 7 o'clock
In the morning a sale from the south
west parted the line again, and the
Plunger went ashore on the beach at
Watch hill. Billings and Walsh were
put on board snd a wire hawser made
fast. The Tlnly pulled the submarine
off and towed here here with consider
The submarine la not believed to be In
jured by her experiences on the besch.
An Inspection Is taking place today.
MITCHELL TOO BUSY TO TESTIFY IN LAND FRAUD CASES
made Inquiries for purpose of Intercept
ing you and was Informed you would
reach 8t. Paul last Sunday morning,
and wired United States marshal there
last Saturday to deliver message to you
on Sunday's train. He wired that he
failed to find you. It la "Itally Import
ant for prosecution to provs by you that
Puter and Watson delivered to you their
certain affidavits which you sent to
Commissioner .Hermann with your let
ter dated March 1, 102, urging him to
make special the 11 cases of homestead
entries referred to In the abstract at
tached to said affidavit of Watson, and
urlng consideration thereof without de
lay. Without your testimony the gov
ernment's case may faU and these guilty
rascals go unwhtpped of Justice, and I
therefore urge you to treat thla tele
gram aa a subpoena and to return Im
mediately to Portland as a witness for
the United Statea The case will not
be aapclwSed before and of next week.
!! WHAT GOV. RIOHARDS
MEANT TO TESTIFY
United States Land Commissioner Richards was not permitted, when on the witness stand in the land
fraud case, to tell the whole story of the representations made to him by Binger Hermann which induced
him to issue patents upon the fraudulent claims. Testimony on this point was excluded, upon objection by
the defense, upon the ground that Hermann's representations were not made in Pater's presence, snd
therefore, under the rules of evidence, were not admissible.
Francis J. Heney told today what Governor Richards' testimony would have been, if he had been per
mitted to tell the whole story.
"Governor Richards told me," said Mr. Hene y, "that on the occasion when he was called into Her
mann's office, only Hermann and himself being present, Hermann told him that he had known Pater for
years and that he was one of the best citizens of Oregon. I asked him why he passed the cases to patent,
when Ogden was opposed to doing so. Governor Richards replied:
"'Yea, Ogden thought the claims should not pass, but I had been a homesteader myself and had lived
in the west so much and seen so much of the hardships of homestead settlers that my sympathies were
naturally with the entry man when I was satisfied that he had made an honest, bona fide effort to comply
with the law. I did not believe in being too strict as to the character of the improvements. On the face
of these reports and affidavits I felt that there had been a bona fide effort by the claimants to observe the
law, and that patents Should be granted. If Senator Mitchell and Binger Hermann had not vouched for the
reliability of Puter, I would have required further proof.' "
Governor Richards told Mr. Heney that he took up a homestead claim before he was elected governor.
He proved up on it sfter he became governor and got credit for one year's residence, though not actually
living upon the land, this being permitted under the law. He cultivated 40 acres of the tract during this
year, raising a crop of barley from which he cleared $2,000.
Governor. Richards' statement clearly shows that Hermann's guaranty of Pater's reliability was one of
the determining factors which induced him to issue the patents to Emma Watson.
SAYS THAT SHE IS
, . )
Mrs. Chadwick, Queen of Bor
rowers, Makes Sensational
(Journal Special Service.!
New York. Nov. 10. Among the re
markable statements made by Mrs. Cas
sia Chadwick, the woman who secured
more than $600,000 on an unsecured
note, was the claim that she Is a daugh
ter of Andrew Carnegie. Her main stock
In trade was a note for 1500,000 which
la alleged to be signed by the steel king.
This note never failed to bring a
banker to terms and secure loans of
large amounts. Apparently these shrewd
men made no Inquiry to ascertain
whether the note was genuine. Late
last night the statement was made ap
parently on the authority of some one
speaking for the woman that her vast
debts would be settled by some angel in
The Identity of the man haa not been
revealed. The Indications are that not
half the mystery surrounding this
strange case haa been solved, and some
sensational revelations are expected.
Mrs. Chadwick e counsel today held a
long conference with her and afterward
made the announcement that their cli
ent would not put forth the claim that
she had any connection with Carnegie.
This came as a surprise In view of
her previous statements, and tends to
add to the air of mystery surrounding
Mrs Chadwick Is 111, and la reported
to be on the verge of a nervous break
down. She Is still at the Holland house,
where she Is being closely watched by
NEW YORKERS PREPARE
FOR JUBILEE DINNER
(Joarnal Special Service.)
New York. Nov. SO. A small army of
caterers and decorators was busy st
the new Hotel Astor todsy completing
the preparations for the Roosevelt and
Fairbanks jubilee dinner tonight. The
banquet, which Is In celebration of the
victory of the Republican national and
state tickets, promises to be the most
notable affair of Us kind that New York
has ssen In many years.
Plates will be laid for more than 1,000
of the Republican speakers who took
part In the recent campaign. Secretary
of State Hay. Governor Odell. Senators
Piatt and Depew, ex-Governor Black,
Governor-elect Hlgglns and other party
leaders of national prominence have ac
cepted Invitation to address the gather
ing. Please wire when you will start, and
FRANCIS J. HENEY.
Special Assistant to Attorney-General.
'Washington, D. C. Nov. 16. 104.
"Hon. Francis J. Heney, Special Assist
ant to ths Attorney-General, care
Hon. John Hall, U. 8. Dlatriat Attor
ney. Portland, Or.
"Your telegram of yesterday reached
me 1 o'clock today. It Is ths first Inti
mation I have had from any source that
say testimony waa desired In sny of the
prosecutions for land frauds In Oregon.
Prior to November It, with the excep
tion of four or Ave days, I waa continu
ously In- the city of Portland, Or., for
four months preceding. It waa known
by United States District Attorney
Hall and many others for more than a
week before I left Portland that I In
tended to leave on the evenlnsr of tha
filth of November, at which time I dlcH
leave direct for Washington, and in ail
NEW YORK CENTRAL
Rockefeller Compels a Pooling of
Interests with Stillman
(Journal Special Berries.)
New York, Nov. (0. The New York
Central la no longer a vanderbllt road.
The Vanderbllt and Rockefeller hold
ings have been pooled In the hands of
James Stillman as trustee. Stillman Is
president of the National City bank, the
head of the Rockefeller chain of banks.
snd also the first of Rockefeller's lieu
tenants in railroad and other Invest
Among the men who know most about
railroad stock news this Is regarded as
the culmination of a movement by which
the Rockefellers are gaining control of
the Keystone and Vanderbllt system.
Wall street men believe that the Rocke
fellers have outgeneraled the Vander
bllta and that the pooling repreaenta a
way of "letting down easily" the family
that has so long been Identified with the
New York Central. It Is understood that
the holdings of tha two Immensely rich
families are so nearly equal that neither
cares to risk a showdown and that no
body Is quite sure which controls the
larger amount of stock, hence the pool
ing arrangement. a
PATIENTS FACE DEATH
IN BURNING HOSPITAL
(Joarnal Special Service.)
Pueblo, Colo., Nov. SO. St. Msrys
hospital caught fire at 1:10 o'clock and
is still burning. A high wind Is .blowing.
Three hundred patients are in the build
ing. They are being carried out by fire
(Journal Special Serrlee.)
Washington. Nov. to. Senator Cock
rell of Missouri called at the White
House this morning and had a talk with
the president over the president's offer
of a position on either the Panama canal
commission or the lnter-state commerce
commission. Cockrell will probably se
lect the latter appointment.
TO rat STATE PASS DAI
(Journal Sperlsl Service.)
Chicago, Nov. SO. Members of .the
American Association of Fairs and Ex
positions are rounding up at the Grand
Pacific hotel for their annual meeting
tonight. The purpose of the meeting Is
to tlx the dates for holding the fairs of
the middle west during the coming year.
this time no suggestion was made to me
by sny officer of the government or by
any one elss that my testimony waa de
sired. I did pass through St. Paul.
Sunday morning laai. arriving there on
the Northern Pacific train at 7:10 o'clock
and leaving on the Burlington at 1:10
o'clock for Chicago. Surely every op
portunity was open to have had tne
subpoenaed or even notified of the wish
upon the part of the government that
I should be present at ths trial. Had
thla been done I should have deferred
leaving until the trial was over, aa I
am very willing and anxious to givn
any testimony In my knowledge that
will have any proper tendency to fasten
fraud on any of those charged with
fraud. But It Is simply Impossible for
me to leave here now. I have impor
tant engagements In the departments
and with committees, snd slso In get
ting ready for the meeting of the son
ata, whloh convenes oa the ILh of De
CRISIS IS EXPECTED
AT ZEIGLER TONIGHT
Several Lives Are Believed
Have Been Lost in the Bat
tle of Monday.
(Journal Special Service.)
Benton, I1L, Nov. 10. Reports from
Zeigler say that the night paaaed with
out any trouble, but It is considered likely
that more troops will be sent there to
day as a crisis is expected tonight,
livery resident of the union miners'
camp, near Zeigler, has been ordered to
appear before the grand jury. It is be
lieved that several Uvea war lost In
Monday nlght'a battle. A report Is cur
rent here today that several wounded
men were removed from the scene. Pools
of blood have been found In seversl
places outside of the stockade.
Since the arrival of Joseph Letter
with a further force of men from Chi
cago, the unreat among the union miners
at their camp has noticeably Increased,
and last night many of the residents of
the town of Zeigler passed a wakeful
night, expecting at any moment to hear
cracking of long-range rifles that it is
now considered almost certain the
strikers have in their possession.
The order promulgated that each man
must report to the grand Jury has had
the further effect of decreasing the out
look for an amicable adjustment The
authorities therefore have. It Is under
stood, asked for additional troops, and
It Is expected that If matters do not
reach a more peaceful state of affairs
within a short time, action will be taken
looking to an arbitration board com
posed of leading Influential men of the
state. Such an arrangement, It la under
stood, has been under consideration, but
no definite steps have been agreed upon
by the promoters.
(Joarnal Special Berries.)
Peckneyvllle, in.. Nov. SO. The grand
Jury today Indicted Joseph Loiter for
taking armed men through the state
without permission from the governor.
BIG LONDON FIRM IS
SAID TO HAVE FAILED
(Journal Special Serrlee.)
London, Nov. 10. The Evening Star
says tha London S Paris Exchange, a
large banking and brokerage firm, haa
closed Its doors and is In serious dif
ficulty. The firm's liabilities are said to
amount to at least 15.000,000. No state
ment haa been issued.
cember. I will here stste, snd possibly
the attorneys for ths defence may be
willing to concede that I would so tes
tify If on the stsnd. that the affidavits
of Emma L Wateon and S. A. D. Puter,
which were forwarded by me to Com
missioner Hermann In my letter of
March 1, 1902, were handed me her
In Washington by S. A. D. Puter on or
about the date of their transmission to
the' commissioner; that Mr. Puter, whom
I had never eeen before to nay knowl
edge, came to me and asked my assist
ance In getting the 11 cases of home
stead entrtea referred to made special.
At thst time he brought s letter of In
troduction to me from a prominent and
reliable attorney of Oregon, vouching
for hla reliability. This Is my whols In
formation In regard to the matter. I
took It for granted, of course, that the
affidavits were traa, and t airing thm
to be true, very strong reasons were
presented why early action should be
Mitchell Victim of Puter
and Mrs. Watson,
SENATOR'S DUTY IS
TO TAKE THE STAND
Why Does He Conceal Names of
Attorney Who Recom
mended Puter? Prose
Assistant Attorney General Heney.
said concerning the telegrams sent to
Senator John H. Mitchell requesting him
to come to Portland as a witness, made
the--following statement: -
"I can appreciate the hardship which
It would be upon Senator Mitchell to
return Immediately to Portland after
having just made a long and arduous
trip east, but 1 cannot understand his
failure to answer my telegram request
ing him to furnish me the name of the
attorney who gave Puter the letter of
introduction to the senator at the time
the latter vouched for Pater a reliabil
ity to Commissioner Hermann and As
sistant Commissioner Richards and re
quested that these fraudulent claims be
"If Senator Mitchell was on the wit
ness stand, I could compel him to dis
close the name of this attorney, and to
produce the letter which he received.
If he still haa it. Ths government haa
a right to get the statement of this at
torney and fin out what. If anything,
he knows about these fraudulent trans
actions. If this attorney Is Innocent,
the disclosure of his name can do him
no harm; whereas. If he had a guilty
knowledge of the fraudulent character
of these transactions at the time he
gave the letter indicated to Senator
Mitchell for Puter, the government la
entitled to know his name so that he
may be prosecuted for aiding the con
spirators now on trial.
"I deem It tne duty of every good
cltlsep to aid the government by telling
the officers who are conducting the
prosecution every fact whloh will throw
any light upon the, frauds- which have
been committed, and I think that every
United States senator Is under a double
duty to disclose facts within hla knowl
edge which tend to expose any frauds
which have been committed upon the
government, or to disclose who the
guilty parties are, and In view of the
fact that Senator Mitchell was used
by these defendants, Puter and Wat
son, to aid them In securing the fruits
of their crime by having these fraudu
lent entries expedited, I think that the
duty of Senator Mitchell Is Increased
tenfold to disclose to tne prosecuting
officers of the government sll facta
within his knowledge that may have
the slightest bearing upon these unlaw
SEEKS PRISON BED
(Joarnal Special Serrlee.)
New York, Nov. 30. Diamonds worth
thousands adorned a young and beauti
ful woman who 'asked a night's lodging
at the West Thirtieth street station last
AC the woman's throat biased a big
diamond sunburst, on her left hand she
wore a number of costly diamonds and
opal rings; shs Wore a gold bracelet on
her left wrist, with a diamond clasp.
She also was attired In expensive cloth
ing. She said that she was homeless,
and asked the police to give her a place
The sergeant suggested that she pawn
her Jewelry, but ehe replied that they
were heirlooms and that she would not
hsd In ths land department, and hence
my letter transmitting ths affidavits to
"JOHN H MITCHELL."
"Portland. Nov. 24. 1M4.
"Hon John H. Mitchell, U. & Senate.
Washington, D. C.
"Defendanta' attorneys refuse to ad
mit truth of statements contained la
your telegram to me of yesterday. Your
testimony Is still vitally Important to
government. United Statee Attorney
Hall did not consider your testimony
important when you were here, but he
now agrees with mi a to Its materi
ality and great Importance. What waa
tha name of the attorney who gave; pu
ter the latter of tntroductlosi to you 7
Will you come, and wheat
R. W. Montague Says He
Was an Accomplice of
Tarpley and M'Kinley
IN THE LAND FRAUDS
Issued Bogus Proofs at Request
of Alleged Conspirators,
to Men He Never
When R. W. Montague, formerly dep
uty county clerk in Linn county, took
the witness-stand this morning in tha
land-fraud trial, and confessed himself
an accomplice of Dan Tarpley and H. G.
McKlnley In the conspiracy to rob tha
government of the public domain, tha de
fense received a ataggerlng blow.
Montagus admitted that in his ca
pacity of deputy, clerk he falsely certs
fled, at McKlnley'a requeat and Instiga
tion, that seven of the pretended entry
men had appeared before him and made
oath to their olainas. while In fact no
such persons had been before him. The
r,r0f r d
his words were scarcely audible even t
the defendants' attorneys, who left their
seats and crowded toward the witness
box to hear the confession.
McKlnley s guilt was established be
yond dispute, and the testimony strong
ly Indicated that Tarpley was equally In
volved. Other evidence given earlier In
the session connected McKlnley with the
mythical George A Howe, and a docu
ment In which Howe's name had been
substituted for McKlnley'a waa intro
duced by the government and promises
to be an important link In the chain of
Details of Confession.
There was a perceptible sUr among tha
defendants when Mr. HaU called R. W.
Montague to the stand. The witness
stated that he was deputy county clerk
of Linn county from July, 1900, to July,
1101, and that It waa his duty to take
homestead filings and to administer tha
oath to entrymen and witnesses. Ha
Identified a number of the fraudulent
homestead entries In town shin 11-7, and
said that the certificates attached te
them were made by him. These oertif 1 -cates
recite that the entrymen appeared!
and made oath to their proofs of entry.
Did you have any conversatlona with
Tarpley or McKlnley relative to taking;
up lands in township 11-7?" asked Ms,
"I did." said the witness. Tn the lat
ter part of the summer of 1100 I talked
at Albany with Tarpley about this. H
was In the locating business, and ha
spoke of the notice hanging In our of
fice, notifying settlers In that township
who were entitled to make proofs that
the survey had been made."
Tarpley suggested that It might be
(Continued on Pag Two.)
part with them. Before the police ser
geant started with her to the refuge for
homeless women she called him and
said: "I am the Countess Madeline Za
nettl. At the time of the Franco-Prussian
wsr, when I waa a babe, my father,
because of trouble with the government,
had his property confiscated and waa
For six years the count secured m
large Income In England through Intro
ducing American families to members
of the nobility. Her present penniless
condition she explained by saytng that
she eloped from London to the United
Statee with a musician, who deserted
ant Attorney-General. Portland. Or.
"Telegram received as 1 wired yea
yesterday for reaaon stated In telegram
It Is simply sbsnlutely impossible for
ma to go to Oregon at this time.
"JOHN H. MITCHELL"
"Portland. Or.. Nov. 11, 104.
'Hon. John K. Mitchell, U. S. Seaataji
Washington. D. C
"You neglected to give me the nasta
wire It Immediately, so that I caa as
him aa a witness for the goveraaseat.
"Special As t to .