0
UPHOLDS RIGHT
OF COMMISSION
Court Says It Has Power to Regulate
Railroad Freight Rates.
Attempt to Pronounce Amended In
terstate Commerce Law Uncon
stitutional Fails in Suit by Harri
. man Lines Before United States
Court of Appeals.
Sain Francisco, Oct. 1 In sustaining
a demurrer by the government to an
application for an injunction filed by
the Southern Pacific company seeking
to restrain the interstate commerce
commission from establishing a rate
upon lumber between Oregon and Can
fornia, the United States circuit court
of appeals yesterday rendered a de
cision which upholds the authority of
the commission to fix freight charges
upon what it considers a iust and
equitable basis, and sustains, in its di
Tect application, the most important
clause of the rate law, namely, the
right of the commission to relieve ship
pers, when in 'its judgment they are
entitled to such relief.
"While the opinion of the court will
probably not be available for several
days, the victory of the governmen: ap
pears to bo a substantial cne. Keprc
sentatives of the United Staes district
attorney's office and the interstate
commerce commission declared that this
is the first instance since the enact
merit of the rate law in which it was
alleged that the commission had erred
in a question of discretion and judg
jnent, and the first time that there had
been placed squarely before a court of
this jurisdiction the right of the com
mission, to make or correct rates under
such circumstances.
The action decided was instituted by
the Southern Pacific and the Oregon &
California Railway after the announce'
ment of an increase in the rates on
Tough lumber from the Willamette val
ley in Oreiron to San Francisco and
other bay points. The railroads an
nouneed that the rate, which was $3.10
per 1,000 feet, was to bo 'increased to
.$5. A protest was filed with the inter
state commerce commission by the As
aociatcd Lumber Dealers of the North'
west, and the commission, after investl
Ration, decided that $3.40 per 1,000 was
a reasonable rate. The objection of
the railways to this decision took the
form of a suit for an injunction to set
aside the order of the commission.
DISEASE IS ABATING.
Cholera inSt. Petersburg'Has Caused
2,168 Deaths.
St. Petersburg, Oct. 1 For the 24
hours ending at noon yesterday 223
new cases and 93 deaths from cholera
"have been reported by the municipal
Tiospitals. For the previous 24 hours
the statistics were 222 cases and 99
deaths.
One hundred and twenty-seven recov.
cries were reported yesterday as com
pared with 137 the 24 hours ending at
noon the day previous.
The totals since the beginning of the
epidemic are 5,655 cases, 2,168 deaths
and 1,651 recoveries.
There has been published an official
Teport of an outbreak of the cholera at
the Pavlovsk military academy. This
shows that the disease originated in
the academy kitchen, where a cook was
suffering from incipient cholera and
prepared the food for the cadets for
several days. The cook contracted the
disease in the cholera hospital, where
lie was sent on a mistaken diagnosis.
"When the physician discovered his error
the cook was discharged and allowed
to return to duty. This gross careless
ness resulted in 5S of the cadets coming
down with t lie disease. Five of these
crises ended fatally.
Aeroplane Deal ClosetJ.
Paris, Oct. 1 With the consent of
"Wilbur Wright, the great American
aviator, Lazarc Weiller has ordered a
French factory' to manufacture 50 aero
planes built on the same plan as
"Wright's machine. Weiller is the head
of the syndicate that is going to pay
Wright brothers $100,000 for the
French rights to their machine, provid
ing it meets with certain requirements,
and it is believed that the order placed
with the factory yesterday is antici
patory of the signing of a contract be
tween the Wright brothers and the
French syndicate.
Forests Still Burnidg.
San Jose, Cal., Oct. 1. Although the
valley is completed filled with smoke,
no definite details can be learned of the
forest fire that has been raging east of
Jlission Ridge and between the Cala
veras and Sunol creeks. It is evident,
however, that the fire is still burning
and doubtless spreading, as the density
of the smoke completely hides the
mountain range from view. Owing to
defective wires, communication with
Lick observatory has been cut off.
Ship Arms to Chinese.
Vancouver, P.. C, Oct. 1. Arms and
ammunition are being regularly smug
gled from Vancouver to aid Chinese
bandits and pirates on the western side
of the Pacific, according to a discovery
recently made on board the steamer
Empress of Japan at Hongkong. On
the last visit of the steamer to that port
a number of trunks with false bottoms
were found. -in which were several hun
dred rounds of ammunition and many
packages labeled "soap."
Fires Revived in Adirondacks.
Saranac Lake. N. Y., Oct. 1 The
forest fires in the Adirondacks which
were temporarily checked - by heavy
rains are again springing into life in
every direction. Fanned by a steady
-wind, the flames once more are assum
ing dangerous proportions. The war
dens are rushing men to Pannemora,
where a ig fire is in progress.
CAR JUMPS TRACK.
Six Men Killed and Six Others Injured
Near Scappoose.
Portland, Oct. 2. Six men killed
and six injured. That was the toll
claimed by a sudden shower of rain
winch wet the tracks on a steep spur
of the Portland & Southwestern Log
ging railway, just as a construction
train was neanng the summit of
bill at a point eight miles north and
west of Scappoose, early yesterday
atternoon.
rive men, in charge of the train
and crew, were on the locomotive.
These escaped. Twelve men were on
the one gravel car which "was being
pushed uphill by the locomotive when
the runaway1 occurred. Not one of
these men got away unhurt. They
clung to the car as it swept back down
the hill and jumped the track at a
sharp curve. Three of them were
killed outright, two more died while
being taken to Scappoose, and an
other died after being brought to the
Good Samaritan hospital at Portland.
None of the unfortunate 12 had
seemed really to understand their
danger until their car had leaped the
track and death and destruction were
in their midst. The locomotive went
around the curve easily. The car fol
lowed, but just as it swung clear the
momentum sloughed it aside. The
pin which held itt to the locomotive
snapped and the big engine continued
its mad flight on the tracks to the
bottom of the grade, where it stopped
on an uphill stretch.
PEARY OFF FOR POLAR SEA.
Steamer 'Erik Returns With Latest
News of Explorer.
St. Johns, N. F., Oct. 2. Having
safely transferred a large supply of
stores to the Peary Arctic steamer
Roosevelt at Etah, West Greenland,
he auxiliary steamer Erik has ar
rived back in this port.
The Roosevelt left Etah on August
8, bound north through Kane basin,
Kennedy channel and Robeson strait.
t is the explorer s plan either to en-
er the Polar sea or to reach a point
from which he can easily get to Cape
Columbia by February next. Then he
will make a dash across the ice floes
oward the pole.
The Roosevelt has on board three
Americans beside Commander Peary,
he regular crew of the steamer, 25
Eskimos and 350 dogs. The Eskimos,
Captain Bartlett said, are eager to
ssist the explorer. ,
The Erik started on her return
voyage to it. Johns on August 20.
n Davis strait the Erik struck an
iceberg, which battered her bows
bove the water line. She made the
harbor at Mukowik, Labrador, where
he effected temporary repairs, then
proceeded. The remainder of the
voyage was without incident.
EMBEZZLED TEN MILLIONS.
Danish Minister of Justice Sold Titles
and Decorations.
Copenhagen, Oct. 2. Having fixed
the amount of his actual thefts at
from $9,000,000 to $10,000,000. the
Danish government is attempting to
etermine to what extent the default-
ng former minister of justice, Alberti,
rofited by the sale of titles and dec
orations, in which he is asserted to
ave done a wholesale business for
14 years. The inquiry promises to be
ntensely embarrassing to scores of
prominent men whose elevation to
the aristocracy Alberti is said to have
ecurcd on payment of heavy sums,
hich he afterward lost, along with
t .
is stea.itiRS, in uniucKy speculation.
The skill with which the fallen minis
ter covered up these transactions is
seriously handicapping the investi-
ators. From Alberti himself they
re getting little assistance, tne cui-
rit hav'ng utterly collapsed since his
surrender to the ponce, rnysicians
ay there is no pretense concerning
the partial loss of his memory, ana it
s the general opinion that he will not
live to be punished.
Failures growing out of his opera
tions continue to be ot almost daily
occurrence. Ut tne tormer minister s
thefts about $5,000,000 were from
large banks and syndicates, and the
alance from private individuals and
commercial houses.
Former Premier Chnstensen, who
though suspected of no personal dis
honesty, aided Alberti to raise money
through public channels to such an
xtent that he was forced to resign,
has spent entire days under painful
cross-examination by the investi
gators. Tom Lawson Very Sick.
Boston, Mass., Oct. 2. Thomas W.
Lawson. author of "Frenzied Fi
ance," is seriously ill at his home in
this city. His private secretary an-
ounccd yesterday that the financier
as suffering from grip, but it is
feared the real trouble is the result
f a general breakdown following his
rduous work during tne past lew
vcars. it was said at nis ouice tnat
he would be confined to his home for
evcral days. It is rumored among
the brokers, however, that his condi
tion is more serious than is admitted
y his family and employes.
Japs Watch Maneuvers.
Camp Atascadcro, Cal., Oct. 2.
The presence of several Japanese here
atching the maneuvers of the troops
....
as led to tne rumor tnat tney are
pies looking tor information as to
American military activity. The Jap-
ncse have been here for several days
atching the arrival of the troops and
the working of the artillery. Some
soldiers declare they have noticed
notebooks in the hands of the Jap-
nese. but this has not been verified.
Chinese Emperor Insane.
rckin, Oct. 2. A peculiar mental
erangement from which the Chinese
emperor is suttenng has been puz-
ling the attendants at the royal pal-
.
ace tor some time ana yesteraay a
consultation of the most eminent phy
sicians in China was called by the
empress dowager to discuss the case
of their royal patient.
HAPPENINGS GATHERED IN AND i
AROUND
APPEALS GUARANTEE CASE.
Oklahoma Bank Will Test Validity in
Highest Court.
Washington, Oct 3. The appeal o
the Noble State Bank of Oklahoma
from the decision . of the supreme
court of that state in the proceeding
offthe bank, which was instituted to
test the constitutionality of the Okla
homa bank guarantee law, has been
docketed in the supreme court of the
United States. Governor Haskell, as
chairman of the state banking board
is made the principal defendant. The
case originated in the Logan county
district court, of Oklahoma, which
court sustained a demurrer and re
fused to grant the injunction asked for
by the bank. The case was appealed
to the supreme court of the state,
where the decision of the county
court was affirmed. The state su
preme court held that the law was
contrary neither to the federal nor
the state constitution.
The court will be asked to advance
the case to the docket, but it is doubt
ful if it can be heard before the No
vember election.
Vorys Was Reinstated.
Washington, Sept. 30. The Interior
Department has made public a letter
of Secretary of the Interior Cornelius
N. Bliss dated November 5, 1897, re
yoking the disbarment of A. I. Vorys,
of Ohio, from practice before the de
partment. Mr. Vorys is a member of
the political staff of Mr. Taft. The
letter states that Mr. Vorys was dis
barred for having withheld pension
money and violating the law relative
to compensation for services in pen
sion cases in -connection with the
prosecution of a claim. In revoking
the order Mr. Bliss stated that at the
time of the disbarment Mr. Vorys was
a law student and disclaimed any in
tention of violating the law.
Cash for Reclamation.
Washington, Oct. 2. Estimates given
out by the reclamation service show
that Oregon last year contributed . ap
proximately $1,387,413 to the reelama
tion fund, making her total contribu
tion to June 30, 1908, $8,167,822. For
the first time since the reclamation law
was passed, Oregon dropped from first
to second place on the list of contribu
tions, due to the unexpected boom in
land sales in North Dakota, enabling
that state to take rank over Oregon
with a lead of less than $200,000. Wash
ington's contribution is estimated at
$843,762; her total, $5,089,056; Idaho
last year contributed $490,625 or $3,-
553,050 in all.
Barrett Off for Coastr
Washington, Oct. 1 John Barrett,
director of the bureau of American re
publics, has gone to Albuquerque, where
he will address the Irrigation Congress.
He will also speak before the Trans
Mississippi Congress at San Francisco,
and then spend 10 days in Portland, Oc
tober 12 to 21. On October 22 he will
have a conference with the Seattle Ex
position directors In regard to participa
tion of the bureau and the Latin-American
countries in the exposition.
Resume Silver Coinage.
Washington, Oct. 3. Director of
the Mint Leach has announced that
the government will resume the pur
chase of silver for subsidiary coin
age this week. The announcement
says that 125,000 ounces will be pur
chased each week for an indefinite
neriod. The director of the mint ex
pects a strong demand for dollars and
smaller coins as soon as the cotton
crop begins to move and is prepar
ing for it.
Cholera Cases in Manila.
Washington, Oct. 2 Governor-Gen
eral Smith, of the Philippines, has tele
graphed the war department that there
were 14 new cases of cholera during
the 24 hours ending at 8 o'clock Tues-
dav morning and 12 cases for the 24
hours ended at 8 a. m. Wednesday.
From 8 o'clock Wednesday morning un
til 5 p. m. there were seven cases.
'Cholera Cases Increase.
Washington, Sept. 30. The cholera
epidemic in Russia is increasing, says
a cablegram to the marine hospital
service from a European report of
that bureau. The principal centers of
infection are St. Petersburg, Astra
khan. Curjew, Juban, Kostow and the
Don valley.
Pensions in Northwest.
Washington. Oct. 3. According to
the annual report of the commission
er of pensions, there are now 7.S62
pensioners in Oregon receiving $1.-
198.004 annually m pensions; io..ti
... . . ' ' A. . - . '1 . '1
in Washington, receiving i i.- i-.
and 2,223 in 'Idaho, receiving $345,035.
Straus Sniffs at Guarantee.
Washington. Sept. 29. Secretary
Straus today said he thought an exam
ination should be made of the failure of
the National Bank of Coalgate, Okla.
Straus declared this case furnished the
only illustration of the guaranteed bank
deposit scheme.
Printers Get Raise.
Washington, Oct. 3. The new reg-
ulation went into effect Thursday byc;sjon whether the Washington monu-
which the pay of the linotype and
monotype operators in the employ of
the government printing office s in
creased from 50 to 60 cents an hour.
Cholera in the Philippines.
Washington, Sept. 29. Governor
Smith at Manila reports 36 eases of
cholera for the 24 hours ending at 8
o'clock yesterday morning. From then
until 4 o'clock 16 eases were reported as
against 29 at 4 o'clock the day before.
WASHINGTON. D. 0
TESTS NEW EXPLOSIVE.
War Department Expects Powder Will
Revolutionize' Warfare.
Washington, Oct. LThe war depart
merit, is demonstrating at 'Sandy Hook
proving grounds, New York, with a com
bination of powder ad projective that
promises an effective fighting range of
from 50 to 75 per cent greater than any
at the command of any other army of
the world. The powder used in the ex
pernncnts in dunnite, an invention of
Liieutcnant-Colonel Beverly Dunn. It
hag an explosive -power -15 -pef cent
greater man tnat ot any known powder
including the JapaneSO'shimose powder
The ordinary shell . or projectile used
by tlie army has been elongated so as
to lessen the air resistance and other
wise shaped to receive the full force of
the powder explosion.
The preliminary tests at Sandy Hook
have shown that the new projectiles
nave an extreme range of from 50 to 60
per cent more than the old projectiles,
In combination with the new powder
the new projectile hag an extreme ranee
or rrom 00 to 75 per cent more than the
old projectiles.
As the extreme ranee of the proiec
tiles heretofore used by the army has
peen as great as that of any other army
in the world, the new discovery erives to
this country a fighting weapon effective
at jar greater range than that of any
liner army.
lhe extreme range of a shell ig a mile
to an inch. The 6-ineh shell has
range of 6 miles, the 12-inch shell
range of 12 miles.
GOMPERS WILL ANSWER
Decides
to Reply to Questions.
but
Under Protest.
ashington, Sept. 29 That he would
reply to the questions certified to the
supreme court of the District of Colum
bia in connection with the contempt
proceedings against President Gompers
and other Federation of Labor officials
before the examiner, as directed Satur
day by Chief Justice Claiburne, was
announced by President Gomperg on re
suming the witness stand.
I will answer the questions," he
said, "but I will answer them under
protest."
The objectionable questions, were not
presented immediately, but Mr. Daven
port, attorney for the Buck company
asked regarding the publications con
cerning the company in labor papers.
Mr. Gomperg sought to curtail the in
ouiry by accepting responsibility for
many of the utterances copied into
those papers. .
Ipon the reading of one of the news
paper clippings, Mr. Gompers reiterated
the charge that President Van Cleave
of the Buck Stove company and of the
National Association of Manufacturers
s employing detectives in connection
with the contest with the Federation.
Mr. Davenport protested against the
harge, but?. Mr. Gompers persisted, de-
laring with emphasis that it was true.
Colonel Stewart Reports.
Washington, Sept. 30. Colonel W.
. Stewart, of the coast artillery, com
manding the ungarrisoned post at
Fort Grant, who is to appear before a
retiring board, to determine his physi-
al fitness for further service on the
ctive list, has reported to the War
Department. No date has yet been
et for a meeting of the board.
Charles Stewart, a lawyer of San
Francisco, and brother of Colonel
Stewart, is here looking after the lat-
ter's interests.
Gompers Back at Van Cleave.
Washington, Sept. 30. Testifying in
the contempt proceedings against him
nd other labor officials, Gompers de-
ared the fund of $1,500,000 raised
by President Van Cleave of the Em-
oyers association for educational
urposcs had been used in an enort
o bribe labor officials and in employ-
ns spies to follow labor leaders.
Gompers said he had been shadowed
everywhere by detectives.
Let Stewart Rest.
Washington, Oct. 2 In accordance
ith Colonel William F. Stewart's re-
uest that he be allowed to recuperate
from his journey from Fort Grant to
Washington before he appears before
the medical members of the retiring
board, the board has decided to post
pone the examination of the army offi-
er until next week.
Office Seekers Must Resign.
Washington, Oct. 1. Consternation
was created here bv the announcement
that President Roosevelt had decided
hat all government employes who wish
take an active part in politics must
resign their positions with the govern
ment, and that there is no hope of their
egaining their positions after the cam
paign is over.
Wright Asks More Time.
Washington. Sept. 30. In order to
give Orville Wright time to recover
from his injuries recently received in
he accident to his aeroplane at rort
Myer, the Wright Brothers have made
pplication to the signal corps for an
xtension of nine months' time, or un-
June 28 next, in which to make the
fticial tests of their machine.
Ask Roosevelt to Decide.
Washington, Sept. 26. To Tresi-
It will he left the de-
ment is to be used as a wireless sta
tion for the purpose of conducting
experiments with ships at sea and
possibly across the Atlantic ocean.
Political Riot in Cuba.
Washington, Oct. 1. Dispatches re
ceived at the war department from Pro
visional Governor Magoon show that
one man was shot and killed and eight
injured by canes and fists as a result of
political disturbances in Cuba.
IRRIGATION CONGRESS.
Hot Debate Expected on Forest Re
serve Policy.
Albuquerque, N. M., Sept. 30. The
proceedings ef the opening session of
the 16th National Irrigation Congress,
which convened in Convention Hall, in
this city, at 10r30 yesterday, were im;
pressive, and 1,500 delegates and 2,500
spectators, who crowded the galleries,
were moved to repeated demonstra
tions; It is evident that this congress is to
give the major portion of its time to
discussion of the reclamation of public
land and conservation of" natural re
sources, and it is likely these discus
sions may lead to differences of opinion
on phases of the government policies,
particularly the forestry policy. D. C.
Meaman, of JJenver, Colo., will address
the convention today on "Forestry
Service," and it is intimated that such
criticism of the service ag may be in
dulged in will come at that time. Tho
livestock interests are well represented.
and their desires as to the resolutions
urging government regulation of. the
public domain and national forests may
precipitate sharp discussion.
A movement has appeared, backed by
a number of well-known men, to make
the irrigation congress a permanent
working organization, with headquar
ters and a secretary, whose duty would
be the collection of data and informa
tion for the use of the congress in fur
thering needed legislation and arous
ing public, interest in reclamation and
conservation work to be undertaken.
The movement is finding favor among
the delegates.
A notable feature of the congress is
the absence of men prominent or active
in political affairs, and the presence of
an unusual number of men who are ac
tive workers in the practical fields of
reclamation, and who make up a list of
speakers of exceptional strength. The
usual exposition, for which congress ap
propriated .$30,000, and which has
brought together the finest display of
rngated products ever assembled in the
United States, was formally opened
yesterday by Governor Curry of New
Mexico, following a parade of the
troops of the Department of the Colo
rado, ordered here for the exposition.
General Bell, chief of staff, and Brigadier-General
Thomas, commanding the
Department of the Colorado, took part
in the parade.
A vigorous fight is under wav be-
ween Pueblo, Colo., and Spokane,
Wash., for the next session of the con
gress.
INCREASE FREIGHT RATES.
Railroads to Make Advance Roth.Ways
First of Year.
Chicago, Sept. 30 January 1 the
transcontinental railroads hope to be
able to increase the freight rates on
more than 80 commodities west-bound
and on about 20 commodities east-bound
between all eastern points and the Pa
cific coast.
Conferences are being held frequently
with a view to reaching an agreement
as to what commodity rates should be
increased and what should remain at
present rates. Yesterday traffic men
admitted that all of the commodities
were being gone over with a view to
making increases where possible and
quitable. It is stated that all of the
commodities on the list, which include a
number of large consumption and large
tonnage, have borne ridiculously low
freight rates for years. This fact, it is
maintained, is due to old competition,
which was wont to cut a rate in order
to get business irrespective of whether
or not it paid.
lhe proposed increases, if they be
come effective, will be from every terri
tory east of the Missouri river to the
Pacific coast and will average between
and 8 per cent above the present
rates. It is hoped that most of the in
creases can be agreed upon, and it is
expected that the railroads will be able
to make them effective January 1, 1909.
Two Towns Wiped Out.
Marinette, Wis., Sept. 29. A soak-
ng rain, which began Saturday even
ng and continued until yesterday
morning, has extinguished the forest
res in Marinette county. Before the
rain came the towns ot Goll and
Kingsman, on the Wisconsin & Mich-
ga'n railway, were wiped out, and six
or eight families had to flee for their
lives. The town of McAlester was
aved by the residents, assisted by
olunteers from Marinette. The loss
o Senator Stephenson and the Saw-
yer-Uoodman company in standing
timber will be large. Other com
panies on the Menominee river also
lost heavily in standing timber.
Court Knocks 8-Hour Law.
Madison, Wis., Sept. 30 The su-
reme court ot w isconsin yesterday ae-
lared unconstitutional the railroad
telegraphers' eight-hour law, lntro-
lueed at the 1907 session of the legis
lature. The decision is based on the
ontontion that the state law conflicts
ith the provisions of the federal con
titution giving congress the power to
regulate interstate commerce. It is also
given as a basis for the finding that
ongress already has passed a law fix-
ng the hours tor tne employment or
railroad telegraphers. The decision is
the result of a test case.
C. P. Strike Nears End.
Winnipeg. Man.. Sept. 30 It is ex
pected here that the Canadian Pacific
trike will end before midnight. It is
nown that delegates left here Sunday
ight for Montreal to see Thomas
Shaughnessy, of the Canadian Pacific.
with terms satisfactory both to the
western strikers and the western inter
ests of the railroad company. If the
strike is declared off it will be the re
suit of a compromise, leaving the situa
tion the same as whea the strike was
called.
Surveyors General to Meet.
Hoise. Idaho. Sept. 30 D. A. Utter
surveyor-general of Idaho, has invited
the surveyors-genernl of Oregon, Mon
tana. Washington. Wyoming, Colorado
Nevada and Utah to meet here at a
date to be named later for the purpose
of eonsidering uniform plans for con
ducting their work.
FOREST FIRES
EXTINGUISHED
Long Continued Drouth In East Has
Been Broken at Last.
Village In Adirondacks Had Just Been
Destroyed When Downpour Came
Snow Fall Is Reported in Mid
dle West Cold Wave Due East of
Rocky Mountains.
Washington, Sept. 29. The drouth
which has prevailed over the entire
eastern section of the United States
for months is broken. Rain has been
general over the entire affected area.
The weather bureau announced last
night that the heavy rains would be
followed by a drop in the temperature
today. Forecaster Garriot said it
would be about 25 degrees cooler.
Rainswill cease tomororw in the Mid
dle Atlantic states, but may continue
for 24 hours longer in the New Eng
land States, which, until late yester
day, had not shared in the general
precipitation.
Adirondack Village Burned.
Utica, N. Y., Sept. 29. Rain began
falling at Clearwater and Long Lake
yesterday and it is reported that indi
cations are for a sufficient downpour
to stop the fire ravages.
A fire which destroyed the village
of Long Lake West, causing a loss of
$125,000, swept through the forest so
rapidly that the firefighters had to
flee for their lives. It is reported that
during the fire four tons of dynamite,
which had been sent in for use upon
the railroad and in fighting the fire,
exploded, causing great destruction in
the immediate vicinity and badly
twisted the tracks.
Reports indicate that many exten
sive private preserves in the vicinity
of Long Lake West are being fire
swept. Chasane Park, Dr. Seward
W'ebb's estate, is burning and there
are fires in Harry Payne Whitney's
80,000-acre estate.
Rain Falls in New York.
New York, Sept. 29. The long
drouth in New York, New Jersey and
Pennsylvania, which has resulted in
serious forest fires, stopped industrial
pursuits and caused a water famine in
many districts, has been broken by
rainfalls. The drouth, which has been the
most prolonged in many years, has
lasted about eight weeks. So serious
have been its effects, especially in the
country districts, that prayers have
been offered up in many churches for
relief.
Rain Puts Out Fires.
Glens Falls, N. Y., Sept. 29. -The
forest fires that have been raging in
the foothills of the Adirondacks in
this section for several weeks were
extinguished yesterday by heavy rains.
WHAT IS HAWAII?
Judge Dole to Decide Important Cas
Involving Status of Islands.
Honolulu, H. I., Sept. 29. Is Ha
waii a territory of the United States,
as Arizona and New Mexico, or is it
an insular possession, as Porto Rico
and the Philippine islands? This is
the question that Judge Dole of the
United States district court has been
called upon to decide and attorneys alt
over the islands are awaiting the an
swer to the question, as it will effect
the status of nearly every legal prob
lem that has come up for solution
since the annexation of the Hawaiian
islands.
The issue was raised in the case of
Manuel Perez and Augusta Walsh,
indicted under the-Edmunds act. A
plea of former acquittal was filed by
the attorneys for the defense, it being
alleged that the defendants were
prosecuted for the same offense and
acquitted in the district court last
April.
The point of law raised by this plea
is whether there are two sovereignties
or one in Hawaii. If there are two.
as in a state or territory of the United
States, a former acquittal in the courts
of one jurisdiction is not a defense in
a court of another jurisdiction. But if
Hawaii is not a full territory and there
is only one sovereignty, an acquittal
in any court is a bar to further prose
cution on the same charge.
Cholera Claims Many Victims
St. Petersburg, Sept. 29. The num
ber of new cholera cases in the mu
nicipal hospitals for the 24 hours
ended at noon yesterday was 2f3 and
the deaths 1W. The statistics for the
previous 24 hours were 2" and 143,
respectively. Eight hospital attend
ants have come down with the disease
and the other attendants are in a state
of panic. Great difficulty is being en
countered in persuading them to re
main at their posts. Premier Stolypin
has written a sharp letter of censure
to the mayor of St. Petersburg re
garding the conditions
Sternberg's Successor Named
Berlin. Sept. 29. While there is no
official confirmation as yet. it is be
lieved here that Baron Mumm von
Schwartzentein. present ambassador
to Japan, will be th.e successor of thvi
'ate Baron Speck von Sternburg as
ambassador to the L'nited States. It
is known that Baron von Schwartzen
stein has indicated his desire for the
Washington post and from informa
tion obtained it seems that he is con
sidered the most likely aspirant.
Cholera Declines in Manila.
Manila. Sept. 29. The cholera con
tinues to decline. Bnt 10 cases were
reported during a period of 12 hours
yesterday. Mrs. C. A. Carter, an
American school teacher, is among
those stricken.