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Sunday Journal 5 centi; or 15 cents
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nal, by carrier, delivered. '
. The weather Fair tonight and
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JOURNAL CIRCULATION
; , YESTERDAY WAS
ft.
VOL, VIII. NO. 283.
PORTLAND,: OREGON, TUESDAY EVENING, FEBRUARY , 1 1910. EIGHTEEN PAGES.
PRICE . TWO CENTS, EJ&F'jxtt cWo .
iwi
rnrc "Trrui
m. y l
'
RESCUED MINER
TELLS OF SCENES
1
Men ''With Clothina on Fire
Scream and Pray When Ex
" plosion. Occurs-Many Go
i . insane From Agony.
PRIMERO, COLO., COALMINE
- IS SCENE OF DISASTER
Forty-two Known Dead; More
Than 100 Unaccounted For
Hope for Entombed.
' fnnlted Pr Ink! Wire.)
Prlmero. Colo., Feb. L The death
struggles of screaming and praying men,
caught underground In a fire swept
mine, attempting to fight their way to
eafety, were described today by Dlanado
Vlrgen. th first miner taken from the
wrecked Prlmero mine.
Vlrgen, terribly Injured, lay on
blankets In an Improvised hospital here,
and in broken sentences told, through
it Interoreter. what he knew of the
disaster. v .
'There was a deafening roar." aald
Vlrgen, "then flaehes of fire and then
darkness. I remember falling to the
around. Then there came a ruah of
men screaming, shouting and praying
In their attempt; to escape.
"I staggered to rny feet, but was
knocked down by men who, with their
.clothing on fire, rushed along the tunnel
Insane from their agony.
"I was too weak ta get upon my feet
acaln. so dragged myself along. Over
dead bodies I crawled until I fainted.
( "When 'Jt came M r.I heard. te. groans
growing iimicr' n iiuwij vu
believe all -were dead, f . ,
"Than -1 heard the rescuers, I
shouted as load aa X oould. but hadn't
much strength axcapt to ahout at in
tervals. ' ' J ,
When Vlrgen vi brought to the
mouth of the shaft there waa a great
demonstration by the throngs surround
ing the mine. His condition la critical,
but ha has an even chance for recovery.
' The coroner believes there Is little
chance of any of the Imprlaoned men
being taken from the mine alive. He
has permitted but few of the relatives
ef the men known to be In the tunnel
to view the bodies. Tonight, ha said,
whan the other victims wera brought
to the surface further attempts at
Identification would be made.
Prlmero, Colo, Feb. 1 -With the dis
covery of seven mora braised and torn
. bodies today, the number of men known
to have lost their Uvea in an explosion
In the coal mln of the Colorado Fuel
ft Iron company waa Increased, to 42.
The identified dead:
DAVH WILLIAMS, pit boss..
JACK BLIA8, driver.
JOHN RUMINO, driver.
ALBERT COTE, miner.
ERNEST 8TRANQFIELD, miner,
JACK ISKRA. miner.
Among the seriously injured Is Will
Alexander, a miner, Alexander was en
tering the tunnel when tha. explosion
occurred.' He was hurled more than
100 feet and sustained severs Internal
InJurlea
Since 5 o'clook last evening a silent
crowd of men and . women has stood
about the mine entranoe, waiting for
news from below. Ropes were stretched
about the entrance and armed men
stood on guard. ;
When the explosion ocourred there
were 160 men In the mine. Of these
110 are unaccounted for and are either
Head or entombed in the tunnels.
'Soon after the explosion fire broke
outtln the main tunnel. It was quencnea,
it la b
believed, before it penetrated to
(Continued on Page Nine.)
Famed Cafe Closes ifs Doors
Merrymakers Mourn
Its Extinction.
rtJnltal Preoa Lenmd Wli.l
New York, Feb. J. Rector's, fogrmore
than 12 years the mecca of hundreds of
pleasure lovers,, is no more. As the last
IN BURNING MINE
RECTOR S PASSES
OUT OF BUSINESS
merrymakers wended their way home
ward early, this morning the famous
cafe closed , Its doors. , Although no an
nouncement that Rector's .was to close
to make room for a skyscraper had been
made, it became known last night that
its last day had come,: and there waa a
wild rush of frequenters of the Great
White Way to be in . at thaUdeath.
' Throughout the night they made merry,
until the lights In the eyes of the great
green dragon that guards the door were
.turned out- " ;
The passing. of Rector's called to the
minds of many of the last lingerers last
night a line from Evelyn Nesbit Thaw's
, diary, written in a secluded New Jersey
town: "It's a long ways from Rector's."
The line was drunk as 8 toast by dozens
who. rose at their . tables with glasses'
lifted aa the closing hour drew near;
MICEBREl'ER
Puts Upon Law's Unnecessary
Delays Blame for Measure
of Contempt In Which Law
. Is Held in America.
"ONE APPEAL" SYSTEM
RECOMMENDED AS CURE
Advocates Ownership by Cities
of Their Utilities Keep
Politics Out of Courts.
rolt4 Press Leued Wire.)
New York, Feb. 1. The. cost of liti
gation, delays In administering- the law,
the number of appeals and the current
rlticlsm of the courts are the themes
discussed by Justice-Brewer of the Uni
ted States supreme court, in an Inter,
view made public here todsy.
In addition to a sharp criticism of
the present laws and their enforce
ment. Justice Brewer adverted to the
growing problem of public ownership
of partly public enterprises, declaring
that "there la every reason why com
munities that can control th
hould own, direct and receive all the
benefits derived from water, lighting,
transit and telephone comDanleo."
In bis discussion of the law. JuHn
Brewer aald:
ine aeat ot. the whole trouble. In
my opinion; js In the fact that too
many appeala are granted when Justice
does not uemand It. A Simula iv to
put 1t1s to say 'that our courts trlfie
with Justice by permitting delay after
delay upon mere technicalities. ,1 pro
pose -jthat- the state ; enact laws that
will lermit of but one anneal after tii-
trial judge. The laws of many states
ar such that a judge is but little
more than a moderator."
Justice Brewer added that he would
make one exception to the "one appeal"
plan, that ot casea where a serious
constitutional question waa Involved."
The justice continued by savlnar that
he favored the policy of a few lawyers
who aided the court in expediting cases.
He declared that the great majority of
lawyers seemed tofeel that they were
not living up to their profession If
they did not quibble over every detail
and gain all the delays possible.
we closed his statement with an ur
gent plea for the elimination of politics
from the courts of the nation.
E
Mortimer Singer Buried Under
Wreckage of Machine at
Cairo, jts. May Die.
United PreM Leased Wln.t
Cairo, Egypt, Feb. 1. While prac
ticing in an aeroplane Mortimer Singer,
the aviator, fell today and sustained
injuries from which it Is likely he will
die. The airship in which he was fly
ing was completely Wrecked in the fall
and Singer waa buried in the debris
of the machine. The aeronaut's legs,
arms, twp ribs and collar bone were
broken. ,
ONE WORKMAN
DEAD AND TWENTY
TWO ARE INJURED
fTTnlttd Prtma win.
Lethbrldge, Canada, Feb. 1.
4 One dead, several dying and 22
- workmen injured is the result of
'-' a wreck of a Canadian Pao-
s) , ciflo work train, which crashed
4 through a bridge yeaterday 4
4 ' near here. All the dead and in-
4 jured are Bulgarlana. ,
AIT FA11S
HA PLAN
CONGREGATION PLANS
S20.000 SYNAGOGUE
AT SIXTH AND HALL
A 120. 00 eynaaocue is to be built at
the corner of Sixth and Hall streets by
the Congregation Nevali Zedeck Talmud
Thorah within the net three months. At
a. meeting pf the building committee of
the church Jast night $3000 was raised,
and -it '1st believed that the remainder
of the. amount' necessary can be raised
without trouble.. .7i,-' . . .
The building will b built udod the
60x100 foot lot on the southeast corner
of Sixth and Hall streets, where the
present building stands. It is believed
that the collecting of the subscriDtlons
can? be completed i Within . the , next 7 SO
days and that ih building ean actually
commence by July 1. Efforta to ac
complish this much are to be made.
The new synagogue, will be built of
MEMBERS OF BALLINGER-PINCHOT INVESTIGATING COMMITTEE
K -"--1-V-rr ' ,i ' ''." jmmmmmmmmmmmm ap r- ' . ' ' ' ' '
1 Jk.J , Jt jC- V
Mombrrs of the congressional committee Investigating the Balllnger-Plnchot rontroveraj. The top rW, beginning at the left are: Senators
Flint of California, Boot of New York, Nelson of Minnesota, Sutherland of Utah, Fletcher of Florida,' and I'aynter of Kentucky, who
resigned yesterday. The bottom row beginning at the left, are: Representatives Den by of Michigan, Lloyd of Missouri, James of Ken
tacky, McCall of Massachusetts, Madison of Kansas and Almstcd of Pennsylvania. Representative Lloyd of Missouri has since resigned
from the committee and has been succeeded by Representative Graham of Illinois.
SEINE RIVER IS
FALLING SLOWLY;
RISE IS EEARED
Rise In " Tributary Stream Is
Cause of Alarm Residents
of Suburbs Protest at Neg
lect by Authorities.
(United Preee Leased Wire.)
Farla, Feb. 1. During the 24 hours
ending at noon today, the Seine fell but
a fraction over two lnchea at Point
d'Austerlltz, and fears were expressed
that the waters might rise again and
renew their attack upon the city. The
water at the bridge measured 25 feet,
8 lnchea.
This painfully alow recession, how
ever, was attributed by the fluvial de
partment to a slight rise In the river
Tonne, a tributary of the Seine. It
probably will not greatly affect the
greater river.
A general nroteet arose In the sutv
urbs today bgcauee of the undivided at
tention the authorities are giving Paris.
Aside from the actual work of rescuing
persons whose lives were menaced by
the flood, the suburbs have been vprac
tlcally neglected, according to their In
dignant residents.
The property loss In the outskirts of
Paris and In the surrounding cities has
been proportionately greater than In the
capital itself.
STORK STOPS CARS
WHILE LITTLE ONE
COMES INTO LIFE
4 (Halted Prens Leiaed Wire.)
san ifrancisco. Feo. i. a
guessing contest for the name of
the baby girl, whose advent Into
the world last' night delayed
4 traffic on the Hayes street line, 4
4 Is under way here today. The
4 child waa born at Fillmore and
t Hayes streets, but as both those
4 names are more fitting to young.
4 gentlemen than to young .ladles, 4
it is not likely that the baby
4 will be called by either of them,"
4 The little one waa bom on a 4
4 Hayes street car, and the ar- 4
4 rival of the baby tied up traffic ,
4 on both (Hayes and Fillmore 4
4 street lines for many minutes. 4
4 The mother, Mrs.. Annie Bar- 4
num of (5 Clara Street, was tak- 4
4, en to a nearoy noapitai, where
4 ahe and the child were given at-
e tention. Both are doing well, x 4
brick and stone and will be of thor
oughly modem construction. It will
cover all of the full lot owned by the
congregation. The operations are to
be managed, by M. Ostrow, chairman of
the building committee, and M. Gala,
president of the congregation. ; The con
gregation has 'no rabbi now.
"We have a thoroughly progressive
congregation," said M. Ostrow in dis
cussing the new building this morning.
wWe have every hope of starting build
ing operations by July 1, at least. , The
raising of $20,000 is a big undertaking
for any congregation, but with the Im
petus which the committee gave the
mdvement last night I , anticipate no
trouble in successfully finishing our
campaign," .;....', . .. ,.
HENRY IGI!
PUNCHES FACE OF
LAWYER IN COURT
OnRbunflTfislfFightX Before
Judge Bell Follows When
McGinn . Says He Couldn't
Believe Opposing Attorney.
The dignity of the justice court of
Judge Bell was upset this morning by
a one-round fist fight between Attor
neys Henry McGinn and Joseph M.
Long, In which Attorney Ralph Citron
officiated aa referee and separated the
fighters. Attorney McGinn was ordered
by Judge Bell to apologize or . take a
fine for contempt of court. He left the
courtroom and Attorney Citron took up
the case.
The two attorneys were trying a re
plevin case. A question arose over the
testimony of a witness on the stand.
Attorney McGinn said he would not be
lieve Attorney Long under oath, and
made a rush at the latter. With fists
doubled and all the strength of his 200
pounds, McGinn was planting a blow In
the face of Long, when Citron leaped
between the two barlsters.
The full effect of the blow was lost,
but a slight mark on the cheek of Jxhg
told what had happened. At this junc
ture, McGinn left the courtroom, and
paced up and down the corridor outside
until hl anger cooled. Attorney Iong
Drooeeded with his elde of the rese
after voicing his feeling against
Ginn, which was very bitter.
Mc
Several other persons In the room
rushed fn between the two men, and
nrevented a continuance of the fight,
whlle.Jiidge Bell pounded on the bar for
order. After the room was quiet he tn
rected that Attorney McGinn apologize
or take a fine. The latter had lert the
room for his office, leaving Attorney
Citron in charge of his case.
, The trouble was heard In the consta
ble's adjoining room, and several depu
ties ran for the court room. When they
arrived the trouble was over. Opinion
differed as to who was the cause of the
affray, but both attorney a had been sar
castle in their remarks over the case.
The case was over the replevin suit of
Nellie. Sayre Peiffer against Albert J.
Pelf fer. In which she was suing her fath
er-in-law for household goods granted her
In a divorce decree. McGinn appeared for
the woman, and Long for Mr. Peirrer.
Peiffer lives at 1705 East Seventeenth
street, Sellwood. The constables had
trouble with Peiffer when they went to
the Peiffer home to take charge of the
goods, and the latter gave bonds for the
delivery of the goods.
WATCH FOR GREAT
PICTURE OFFER IN
TOMORROW'S JOURNAL
Nothing so adds to the attrac
tiveness of the home as "good
plcturea A few pictures well'
chosen are an Infallible indica
tion of refinement and good
taste. Works of art are no
longer denied the home of moder
ate means because of the prohibitive-
price placed upon - them.
Modern methods of reproduc
tion bring the world's 'best pic
turea within reach of all. .
Four pictures that are reck
oned among the world's best
were reproduced In The Sunday
Journal Magazine f or January '
SO. The . management of The
Journal has. made arrangements
whereby it is possible for ex-
cellent; photogravures of these
pictures to be secured by all of
its readers. x
- Watch s for the announcement
in! tomorrow's Journal of . how
this can be done. : .
GIVE UFE SAVING
STATIONS MODERN
' COAST APPARATUS
Oregon's Delegation in Con
gress Will Urge Passage of
Bill Giving Station to Sius
law. Oregon's delegation at Washington
has taken up the proposition of secur
ing better life saving equipment along
the Oregon coast In response to sug
gestion from the Portland chamber of
commerce, according to letters received
by the chamber this morning.
Representative W. C. Hawley writes
that he recently had the matter up with
the department In the case of better
protection on the Tillamook coaat as
well as at other places and now haa a
bill pending for establishment of a sta
tion at the mouth of Siuslaw river.
Lane county. Representative Hawley
expresses his belief In being able to
secure considerable improvement along
the lines suggested. . .
Senator Jonathan Bourne. Jr., .signi
fies his hearty cooperation In the mat
ter, saying he will take It up with a
view to prompt action.
Representative Ellis Is III In bed with
an attack of the grip, but his secretary,
Edward D. Baldwin, writes to the cham
ber that he hopes Mr. Ellis will be able
to attend to the matter In a few days.
The suggestion for -Improvement In
the life saving service along the coast
Is the result" of the recent wrecks of
the steamers Czarina and Argo, when
several lives were lost because of "the
life savers' inability to reach the wrecks
with their apparatus. It Is believed
that is guns of greater pc?wer had been
at hand every one of those who clung
to the rigging of the doomed , Czarina
oould have been brought ashore because
there was ample. time in which to do
it, six of the men remaining in the rig
ging nearly zi hours.
The gun operated by the life savers
failed to send the line carrying pro
jectile rurther than half way to the
vessel, which lay stranded about 2000
feet from shore. .
ED
Amos Johnson of Guemes Is
land, Wash., Mysteriously
Disappears; Had $80,000.
I'nltee Pre Leased Wire.)
BeUlngham, Wash.. Feb. l.--Sherifr
Stevenson of Skagit county, with a
posse led by a pack of hounds, is try
ing to find some trace of the supposed
murderers of Amos Johnson, an aged
resident of Guemes Island, near Ana
cortes, where he has rnvsterioualv Aim.
appeared under circumstances that' lead
the orncers to believe he has been
killed.. --Ki'-CVi'i-X-hf. -
The old man worth 180,000. and is
said 'to have kept much of bis. wealth
hidden in -his ..house.;-Testerdav a
neighbor ; went to the place to borrow
some farm machinery.. He found everv-
thing about the house in such shsne
that It indicated the man had ttot in
tended to leave. His hat and coat were
on a peg in the room and a frying pan
waa on the table. But the man had
been away for some days, as his live-
Stock was suffering' for want of care, J I
BELIEVE RICH MAN
WAS MURDER
F
III If
Issues. Order Prohibiting ' Men
Under Him in Oregon, Wash
ington and Alaska From
Talking for Publication"
Through an order coming direct from
Chief Forester Henry S. Graves of the
national forest service, the emoloves
of District No. 6, embracing Oregon,
Washington and Alaska, are hereafter
prohibited from-talking for publication.
The order Is recorded upon the books
of the national forest service as "Order
No. 138," and officially ends all work
of exploitation which this department
has undertaken.
"While no reason for .the order is
given, It Is supposed ' that Its object
Is to stop Indiscriminate leaking of de
partmental affairs, such as the Ballln-
ger-Flpchot controversy. Another the
ory Is that men. accused of land frauds
have .gained information from foreat
service j off iclals 'Both . Benson and
Hyde . obtained their Information from
clerks, in-fhe Washington, -V.' C, of
fices, ,lt is said.
It Is the department, however, and
not the public,- that' will suffer. .The
order t shutting off, publicity from any
project in . which the national forest
service Is Interested will mean that
the employes of the service will have
to exert themselves that much harder.
Through gratuitous advertising given to
many of these projects the enthusiasm
of the public In the districts affected
had formerly been, aided largely..
Several projects now on foot In Ore
gon alone could hardly have been con
summated had It not been for the help
given through the newspapers. The se
curing of seeds for planting- on the for
est reserve had : practically come to a
standstill last summer, until, through
the efforts of The Journal, the people
living on foreat homesteads had been
aroused, and. It Is believed enough 'seed
will be distributed during the coming
year to enable the national . foreat ser
vice to complete its work in the north
west. The reforesting of the Bull Run
national forest reserve, from which the
Bull Run river gains Its water, the re-I
foresting of the west slope of the Coast
Range, near Tillamook, and of several
other projects equally as large had been
effectually stopped through this short
age. , ,i
Other work, such aa the preventing of
forest fires, the organization of state
conservation societies and the work of
the department of agriculture and of
mannufactures haa been lararelv denend
ent upon the advertising gained through
the columns of 'the newspapers for suc
cess. These departments have worked
on foot for the coming year which.
without publicity, will gain them but
little and which wUl undqubtedly be
rendered doubly hard, for the service
to accomplish.
That the present order originated
with the decapitating of PInchot is gen
erally believed. The local department
of the forest service absolutely refused
at first question tof be Interviewed upon
the question,- but later ' furnished a
written interview to the papers. PIn
chot was, accused of talking too much,
although much of the talking was, at
the time, said to have been done by his
subordinates. Graves, the .new forest
er,; evidently plans doing away with any
chance' ot his subordinates getting him
into trouble by - snutting off all pub
licity. . . .
Two Wed 'at Albany
, (Special Dispatch' to The Jnarnel.V -i
Albany, Or., Feb, " t. Judge Duncan
yesterday united in marriage two cou
ples, G. M. -Whitaker and Miss Fannie
McCune, both of Lebanon, and : Frank
Cawrse and Miss Clara Sargeant, both
ot Crabtree. ." v - . . , -.
FORESTER
A EMPLOYES
PROPOSITION TO
BUILOMAWj
City, Health Board Rejects A!
Bids 'for Construction c
; Burner and Asks for $1 20,
: 000 Appropriation.;'
ACTION PUTS QUESTION
UP TO COUNCILMEf
Board Disregards ; Dictators
Compromise Presented by j
Councilman Lombard.
A, dictatorial compromise on the cre
matory situation,. amounting practical 1 '
to a bald demand, as offered In a com
munlcatlon to Mayor Simon by Council
man Lombard this morning, waa entlrl
ly disregarded by the city health boar,,
thla morning. Tba board unanimous!.,
adopted resolutions rescinding its pre
vious action In recommending a modi
fled type of fhe Decarlc Incinerator, re
Jecllng all bids received for the com
atructlon of a new burner and asking
the city council to make an approprla
tlon of $120,000 to be placed at the dl
posal of the board. . ' i
. . ' Board's Hands Tied. I
"Until the council makes the srpr!
prlatlon this board can do nothlnj
further," said "Mayor, Simon before tl ,
health board thla morning, "and I a
unwilling to listen ta any proposition
from Mr. Lombard or any one else unt '
I (when I' use the personal pronoun )
apeak, for the bealth board) have tl.
money ; wUh. which, to accomplish som
thin, !:'"' 1
' "The city council and tha elty heait ;
board have two different functions. Th i
charter places In the hands of the coun;
cil the power to make an appropriating
for a new crematory; it leaves the re'
sponslblllty of selecting and construct!
Ing the plant with the health board
The board baa aaked for the approprla S
tlon. and it is now up to the counci
whether or not the city shall have ar
Incinerator." ' r " i i
The mayor's remarks were made foi l
lowing the reading by him of a com-j
munlcatlon made by Councilman Lorn j
bard in which' that official told 'th-:'
health board that he would vote fo
sn appropriation If the board annul.
agree to his proposals. As the executive
head of the city read these proposal.-;
he dwelt with ironical emphasia on tlu
one numbered "2." , I
Mayor Displeased.' (
rt waa evident -that the mayor' wn-;
deeply displeased with what apparently
aeemed to him nothing abort of ef front
ery. City Heaitn orricer li a, vvneeie j
was more than displeased;- he ; waJ
angry. - r-' "
"Did you ever hear of, such gall?" h (
asked after the board had adjourned.
Following are the four conditions laM
down by Mr. Lombard as the price o
ice o!
let all
nis vote: . . ; . .,
Flrat That the health board rejec
the crematory . bids now under consid
eration by It,
Second That it Invite new tenders to
be made under proposals strictly in ac
cord with specifications ; drawn . up . by
Councilman Lombard .and. enclosed , to
the mayor with, the councilman's com
munication. '' !
Third That the council make the nec
essary appropriation for the construc
tion of the crematory.
Fourth That the health board swnnl
a contract to the lowest bidder "on re.
ceipt of tenders made on :.,ijropoa!
drawn In accordance with the specifica
tions prepared by Councilman Lombard..
"If It Is possible to carry out thli
plan," concludes the councilman In .hU.
letter, "I will agree to vote for tlio
appropriation and will use my best ef
forts to have it passed by the council."
At the very end of the letter the coun
cilman "regrets his Inability" to see the
Noted Poet's Son Will Do Noth
ing but Read Novels and
Snooze Divorce, -
i (United Press Uiced. Wlr.) '
Chicago, , Feb. 1. Accusing her hus
band, Eugene Field Jr., son of th prct,
of spending his nights reading romande
novels and his. days in sleep, Mrs, Ku
gene Field Jr., formerly Elinor Brook,
today. fileLasult for divorce.! The cou
ple were .married five years ago at New
Orleans.- Field fell in. love with Mi.
Brooks at first sight and they el p.
soon afterward. They spent tin tr li'-ri-eytnoon
In the African jungles.'
. Albany Merchant !!., .
(SptK-lal iypud to TO Jiiftin!
Albany, Or., Feb. '.!. W. r. j
port," who has for- several v.ai
ducted a music store, hrt,-, rii... ,
day of heart failure aftr arbMrf ;
of lung trouble. ' jl leavts t if .
two daughters. .
j (Continued on Page Ten.-
' - FOR fit FIELD JR.