Weekly Oregon statesman. (Salem, Or.) 1900-1924, September 29, 1905, Page 1, Image 1

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i ii r i I i i
fifty-fifth year no. 102. .
lTff(fjY fPQ,
School Board Members and
Examining Board Clash
Is Insisted Upon by the Form
er But the Latter Say
'N e v e r "
There is more ami more Bcrious trou-
,,r rather difference of opinion
between some of the members of the
H:k"i school board apl there is a
strong likelihood of a clash at the next
meeting of the board if things are not
straightened out amicably in thejnean
tim. The. new diltieulty has arisen
over the establishment of a high jsehool
course in the Salem school system, in
j. reparation for whieh a eourso of stuly
for the higher grades has been outlined
and adopted and a corps of teac hers se
lected to carry on the work, and now
.Chairman -Condit has raised- the con
tention that Salem has no legal right to
establish a high sehool course, under
the election of 1904, nd the row has
l.-en started through the action of the
dist.riet board of examiners, notwith
standing the action of the sehool boaru
at the last meeting to the contrary, in
ordering tho teachers elected to each
the high school courses, without pre
vious notice, to .appear Irefore them and
take written examination as to their
respective qualification to fill the posi
tion to which they were elected.
The principal point of distention on
the part 6V several members ol the
hoard hinges on the question of the
jurisdiction of the examining board,
which is composed of County Supeniv
tendent E. T. Moores, City Superin
tendent Powers and Director Condit,
dver the- high .school courses and the
''board's authority to compel teachers to
tale the examination uefore permits to
feach are issued to them. Nevertheless
'the four instructors have been notified
to appear before the board to take the
examination this morning and it re
mains to bo seen whether or not they
will comply with too request or stand
upon their rights and refuse to submit
to the cxMibination according to the ac
tion of the school ooard Monday even
ing, in instructing the examining board
to. issue them permits without the ex
amination. Jtrlportant developments in the case
are expected to come up today when
decisive action is taken, either by the
teachers in refusing to submit to the
examintaion or that or the examining
board when such a condition arises. If
the examining board insists in carrying
out the program now mapped out and
declares the teachers' places vacant, in
case they decline to take the examina
tion, the matter is likely to get into the
courts in order that their rights may be
definitely determined. According to an
opinion rendered by Attorney General
Crawford." through his assistant, I. H.
Van Winkle, by special request last
night, the examining boasd has no jur
isdiction over the teachers of the
grades above the eighth and the mat
ter of granting or refusing, them per
mits to teach is left to the discretion
of the school board, which has "the sole
. power to elect As to their qualifications
in a district of the first- class, such as
Portland and Salem.
The whole questions revolves around
the oint of whether cr not the district
'examining board of a district of the
first class has the right to require teach
ers teaching in the high school or in
grades above the eighth in such dis
tricts to appear and pass an examina
tion before said board, despite tho ac
tion of the school board of that dis
trict, and the effect of tho attorney
general's opinion is that it has not and
that teachers elected to teach in any
grade above the eighth, in such dis
trict, may be granted permission to
teach -'without examination if they be
graduates of a college or university,
recognized by the school board as suffi
cient, or if they possess A state certifi
cate or diploma. All of the teachers
elected to teach in the Salem high
chool are graduates of colleges and
, universities of high standing and one
of them, the principal, lias a state di
ploma, and at least two of the members
of the school board, Lee and Epley,
contend that they do not have to sub
mit to an examination and they felt
constrained to notify the teaclierato
that effect this morning. Such aetion
on their part, nowever, will probably
not be taken as they will leave it to
the choice of the teachers themselves. ,
There are five teachers, elected for
the high school course, who will be ef
fected by this proceeding, including E.
T. Marlittte, who, is principal of the
high school, a graduate of an eastern
'college and holder of a state diploma;
Alice M. Richards, a graduate of Stan
ford university; Lila Swafford, a grad
uate of Willamette ; Errna Clarke, a
. graduate of Willamette and the Ohio
Wesleyan, and Sofia Townsend, who
Mds a state certificate and is exempt
from -examimtion, the attorney gen
eral's opinion is correct. If it should
be decided that they are not qualified
to teach unless they take the examina
tion and they should reuse to submit
1 U, the whole high school system, as
planned will have been disrupted on
account of the near approach of the
. opening of the schools. ,
The question of the issuance of per
to tbey high school teachers tame
P tor consideration at the special
meeting of the school board . Monday
nighty when Director " Lee moved," and
the motion was earned, though Chair
man Condit was incline to the belirf
that it was ont of order, requesting the
board of examiners . to act upon the
qualification, of the feathers in the
high school and grant permits accord
ing to the action of the school board
in electing as to which eoega and uni
versity diplomas would be recognized.
Chairman Condft was present and it
was not thought there - would be any
further need for action in the mailer.
The board of examiners, however, held
an informal meteting later and dceided
according to the dictation of the ma
jorlty, to summon the teachers up fo
examination, i When informed of this
action Director Lee looked the ques
tion up nd found that Attorney-Gen
eral Crawford had rendered an opinion
upon, this very point last year to 8up:
erintendent Ackcfman. He called thi
attention, of Chairman Condit to this
fact when Mr. Condit, at a subsequent
conference of the examination board,
raised the question of the authority for
the cstablisnment of a high sehool upon
the ground that the question voted on
at the election? of "1904, when Director
Lee was elected,' was not upon the es
tablishment of a high school but grades
"above the ninth." An examination
of the recor proves this fatter to te
true,' but according to the opinion
of the attorney-general, the point isn't
well taken in 4his rase as the juris
diction of the board is confined to Che
grades below the ninih.
Director Epley, desiring to make
certain of their position, called upon
the attorney -general last evening and
secured a special opinion touching upon
this case in particular, and the if nil
text of this opinion is printed here
with. "
Theory Is Exploded. (
"Dr.- II. C. Epley, Member Board of
Directors District No. Tl of Marion
County, Salem, Oregon.
Dear Sir: v
Replying to your inquiry as to wheth
er the special examining board if a
school district of first class has tht
right to require teachers teaching in a
high school or in a grade above the
eighth in such district to appear auu
pass an examination before said board,
I have the honor to reply that iu my
opinion it has not. ' -' ;
Such a special examining board is
created by the board of directors of.
any; district of the first class and the
couofy school superintendent of the
county in wluch such district is locat
ed is ex-of fieio chairman of such board
examiners, and the city superintendent
is also a member. This board ofex.im
iners is appointed to examine uch re
plicants for teachers' certificates to'
teach within the district who are nC?
holders of county or state certificates
or diplomas, hut have no jurisdiction !
over teachers teaching in the grades
above the eighth
The qualifications of teachers in fbe
high schools in this rtate are prescrib
ed by law and are as follows"! "Teach
ers employed in high sclools, organiz
ed undtr the provisions of this act,
shall be graduates of the state normal
schools of the state, graduates of some
institution of collegiate or university
grauc, or shall be the holder of a state
certificate or diplomt." You will tot
ice that the aTiove enumerated qualifi
cations do not include a certificate or
diploma from a special examining Coarti
of a district of fiuit class.
Grades above the eighth grade In
this state constitue a high school arid
can only be established ty authority
of a majority vote of the legal voters
of any district at an election c-slleo
for that purpose as provided by the
statute. Subdivision 26 of section 3389
of j Bellinger Ss Cotton's Annotated
Codes and Statutes of Oregon provides
the manner in which such an election
shall be called, and also provides that
the legal -voters shall vote whether or
not grades above the eighth shall be
established. Section 342.) of the above
mentioned code also provides for the
establishment of high schools by any
district. The manner of taking the vote
provided in both sections is the same
and under the well known rule of stat
utory construction that statutes are to
ln construed in pari materia and that
both shall stand unless there is an un
reconcilable conflict, I am of fhe opin
ion that both of these sections mean
the same thing; that is, the establish
ment of a high school which ever meth
od is pursue-i, if the vote is to estab
lish grades above the eighth, or to es
tablish a high school, the result is the
Very BespectfuTly Yours .
. A. M. Crawford, Atty Gen. f
Directors Are Determined. 2
An effort was made last evening to
obtain a statement of their respective
positions upon the question from the
members of the district examining
board but none of them could be con
veniently i reached. It ' is understood,
howevef, that , they are set in their
purpose, at least the majority of the
board, is, and that they will insist upon
th tnnfherk taking an examination to
day. Director' Epley looks upon the
matter asian attempt to block the pro
gressive work in the public schools an4
i; determined to fight the move to . a
standstill, although he preferred not
to be interviewed upon the subject.
Director Lee, however, when seen late
last evening, although averse to talk
ing for publication, admitted the ex
istence of the dissention among " the
members and consented to make the
following brief statement, setting forth
his position: ' ; ' , , -: "
"There was never any question iit my
mind about having a high-school. I
supposed the matter was definitely and
properly'settled at the time I waa elect
ed director and the vote-oMbe people
taken ' on the subject i of high school,
and I think the people in general are.
of the same opinion. "
- "The board of directors adopted a
course, of study for the full four years'
work, of a high school without s dis
senting rote, and 1 do not aee what we
lack of having a high school even
though the ballot may read, grades
above the ninth, and according to. the
decision of Attorney General Crawford
of February 25, 1904, to Professor Ack
erman, I can see no good reason for
compelling these teachers to take this
examination 'at the last minute."
Future developments in this dispute
will doubtless be watched with interest,
and they are- expected to, arise very
soon. T :"-.-
5 HARTFORD, Conn, Sept. 27.--The
annual reunion of the Loomis family
took place here today at the Wadsworth
Atheneum annex. Those whoattendel
the meeting this morning were invited
to be the guests' of the Loomis institute
for luncheon. This institute was formed
by members of the family in 1874, be
quests being made for the purpose of
building a school on the site of the old
Loomis homestead in Windsor, where
boys and girls between the ages of 12
and 20 can bo taught various branches
of learning.
Congressman Williamson, Dr. Van Ges
" ner and Marion R. Biggs the
. Three Defendants.
Conspiracy to Suborn Perjury in Man
ner of Securing Government Land I;
Charge Another Big Victory foi
Heney Motion for New Trial.
Sept. 27. After beiop
out less than six hours, the third jury
which heard the testimony of the gov
jrnment against Congressman William
ion, Dr. Gesner, Williamson's partner
in the livestock business, and Marion
R. Asiggs, a Prinevide attorney, at one
time register of the federal land office
it that place,' tonight found all three
defendants guilty of having entered a
conspiracy to suborn perjury by indue
ing locators to fraudulently file on gov
eminent land, providing them with
the money so to do, under agreement
that these persons convey title to Wil
liamson anu Gessner when the patent
was .secured from the government.
Shortly before tJl o'clock notice wa
ent Marshal Reed an agreement had
been reached, and Judge Hunt, Dis
met Attorney .Heney, the defendants
nd attorneys were summoned to " the
federal court room.
It was live minutes after 11 when
Judge Hunt ascended the bench; Wil
liamson, Gesner and Biggs previously
arrived with their attorneys. Heney
lid not arrive in court before the ver
dict was read.
Judge Hunt immediately ordered the
jury brought into the court and re
ceived the verdict from the foreman.
He opened it, handed it to the clerk
of the court, who read:
"In the case of the United States
against. John N. Williamson, Van Ges
ner and Marion R. Biggs.
"We, the jury, find the defendant"
guilty as charged."
Judge Hunt addressed a few words
to the jury, thanking them for their
patience and attention during the three
weeks which it has taken to try the
ease, and discharged them.
Save for the silence of the solemnity
attending the occasion there was noth
ing dramatic; in the event. Even less
4Q than at the two previous trials, when
disagreements were returned. William
son sat slightly apart from the other
defendants, rocking his chair back and
forth, apparently less concerned than
the flushed and 'embarrassed jury dur
ing the reading of the verdict. Gesner
and Biggs, with several friends, sat in
the front of the rail at the rear of the
ar, and rivalled Williamson in immu
tac ty of countenance.
Judge Bennett, attorney for the de
fendants, moved the defendants be giv
en A new trial. Judge Hunt put the
matter of hearing the motion off and
the court adjourned.
The case, of which this is the third
trial, commenced September 5. Little
testimony was introduced differing from
that of the two previous trials, and
in the main the arguments of the at
torneys were the same.' Heney finished
his argument in rebuttal late today and
Judge Hunt delivered the charge to the
jury, after which it retired to deliber
ate. ; :. :;'.r 1 .' "" .. -- -
The verrtict, in view of the two
previous disagreements, was a surprise
except to f Heney, who maintained
throughout the case it became stronger
at every presentment to the jury..
NEW ORLEANS, Sept. 27 The re
port upon the fever aituation to 6 p. nu:
New eases, 19; total, 2918; deaths,
total, 380; 'new foci, 5 cases under
treatment, 272; discharged, 2266. En
couraging to a high degree was the re
port today on Ihe number of new yel
low fever cases. - ' i - '
; f Fumigating gangs were put to work
ia the varions pnMie -eebool "buildings.
The remarkable feature of the report
today is the small number of new eases,
the smallest report - of any day since
the early days of August. News from
the country showed steady improve
ment. - :
Would Mix tip Rights , of State with
, Those of the Govern
ment. Mr. Olney'g Letter Is Brought Ont by
Bryans Communication to President
Roosevelt First Public Utterance
for Years. .
NEW YORK, Sept. 28. The reply of
the conservative wing of the Democrat
ic party tt. W. J. Bryan's recent open
letter to the president on railroad rate
legislation , is contained in an article
by Richard OIney in the October num
ber of the North American Review
published today, in what is practically
his first public utterance in two years,
Cleveland's former secretary of state
presents his final judgment against the
proposed legislation, in the form of a
brief, covering not only law but the
public policy involved in the agitation.
The following are some of the salient
features of Mr. OIney s argument:
"The importance of the rate making
power is not to be considered simply
in its relation to tho carrier. The most
important bearing of the power is up
on the public interests the carrier
serves. It is a matter ot common knowl
edge of wnich the courts take cogni
zance wik.iout proof that the great
carriers of the present day are the rail
roads. It is equally a matter of com-'
in on knowledge that the rates charged
by the railroads affect all classes of the
,'ommunity, that they determine very
largely the outcome of all private en
terprises, ami ; upon them hinges only
too often the material well being if
not the Very existence of towns and
cities and, seaports and large sections
of country. Surely a power, the exer
eise of which is fraught with such con
scquencccs is not to oc classed legally
or practically, with the power of dc-1
termining the eup quality' of teas.
The latter may Well be delegated to
an executive officer, or board, but to
delegate the former, the ultimate rate
making power, for railroads, to such an
officer or board would be a surrender
by the legislature of one o. its most
important functions." -
In discussing the effects of govern
ment regulation upon railroads, Mr.
OIney says:
"The situation to be anticipated then
is that railroads private , properties
and representing private investments
aggregating billions of dollars will
find themselves controlled in the vital
matter of their charges; not by their
private owners, but by two public
boards one representative of local in
terests and the other of national inter
ests, and both antagonistic to the in
terests of the private owners concerned.
The two boards will aim at the lowest
possible rates, each in behalf 1 the
particular business under its charge,
and wia., therefore b$ in constant rival
ry with each other in the endeavor to
extort from the carrier the best ser
vice at the smallest cost. Under these
conditions anything like skillful, just,
reasonable or stable rate-making be
comes impossible. A situation is creat
ed intolerable alike to the carriers and
to the public anil the sure outcome
unless the whole scheme of government
rate making be abandoned is govern
ment ownership.
"Government ownership of all rail
roads is obviously the goal toward
which some of the government rate
makers are striving, while others, it
not welcoming it and not working for
H, proiess not to fear it and claim that
it would at all events be an improve
ment upon the present status., Hot j
point to existing instances of govern
ment ownership of railroads the on
claiming that the results to the pubhe
are distinctly, the other that they are
at least not as detrimental as is some
times declared. But when government
ownership of the railroads of the coun
try is seriously considered our dual po
litical system is at once seen to present
problems of the gravest character. The
few and comparatively unimportant
railroads that are wholly inter-state
may be properly ignored. Every rail
road of consequence is engaged in both
kinds ot transportation in transporta
tion that passes beyond state lines.
Hence, if government ownership of
railroads be regarded as the inevitable
sequence of government rate making
the first question is, which government
is it that is to own the railroads tue
state or the United States.
" The significance and importance of
the inquiry," continues Mr, OIney,
"are apparent if we remember that the
railroad is only one species of highway,
aad that what is trne of railroads must
be true of ordinary highways. The jur
isdiction of the national : government
must be the same in both cases. If it
is competent for the-' national govern
ment . under the ( commerce clause to
own and operate all the great railroads
of the country it must be also compe
tent for it to own or control and: ope
rate all the great highways of the coun
try. : : -;. ;;: y ;;
"fa Jt by any possibility true the na
tional government . as . granted any
each powers that as respects every
road or street in the country which is
a link in inter-state communication, the
the national government may at it op
tion, take complete possession and con
trol, may direct tbe mode of its' con
struction, its grades,tbe sort of vehi
cles by which it may be used may, in
shorty assume its entire f management
and Iperation in, all the most minute
details nothing could be more revolu
tionary in practice nothing more con
tradictory of the viewe customarily
held. It. is necessary to consider most
carefully, therefore, whether the pow
ers in question are actually conferred
on the national government it being
conceded, as it must W, that the poweY
can be deduced if at all, only from the
commerce clause oi tho constitution."
In summing the opposition to the pro
posed legislatoin. Mr. OIney reached the
following conclusions:
"Ours is a government in both state
and nation by political parties and to
political rate making for railroads
rate making by politicians aniamted by
partisan motives and working for parti
san ends- the objections of economic
and business character and on the
score of public policy generally are un
business like as they should prove in
superable. "The purpose of the present paper is
to point out that, beside such objections
railroad rate making by - the . national
government presents legal and constitu
tional difficulties of the most .serious
character. It raises issues which con
cern the division of power between the
several states and the United States?
which have not been fully and, finally
passed upon by the national supreme
court, and wnich, if submitted to that
tribunal, half or even a quarter of a
century agjo would in all human proba
bility have been determined adversely
to the jurisdiction of the general gov
eminent." i
Upon Forged Check upon Stock Brokers
to the Abount of About
Detectives Employed in Case Think
They Haverciew to Identity of the
Forger Transfer of Securities Stop
ped Peculiarities of Case.
(NEW YORK, Sept. 28. The details
of a scheme whereby a .national ban
of this city was recently victimized by
a clever forger came out today. The
forger presented a bogus check 'bear
ing the name of a well known stock
exchange firm and received in return
securities valued at about $360,000."
Pearl &, Company, stock brokers, at
27 William street, recently negotiated
in one day the loan of $300,000 with
this unnamed institution. On Wednes
day a check for the amount of the loan,
plus $37.50 for one day's interest, was
presented at this bank by a stranger,
who received the securities deposited
by Pearl & Co. for their loan. The
bank on which the broker's check was
drawn was ono with which Pearl & Co.
never had an account, so the forgery
was " not discovered until the check
passed through the clearing house when
it was promptly branded as fictitious.
A private detective agency was at
once called in and the transfer of the
securities was immediately stopped.
The detectives intimate they have a
clew to the identity. of the forger, who
is believed to have had one or more
accomplices.. It is believed the forger
had intimate knowledge of Pearl &
Co. 's affairs. E. A. Slayback,' Jr., a
member of Pearl & Co., said: "I have
been asked not to divulge the name of
the bank concerned. I can only say
it is rich and if the forgery will involve
any..: loss, the bank will be amply able
to stand it.
"The odd amount of the forged
check," added Slayback, "represents
a day's interest at 4Vi per cent. As a
matter of fact, the loan is recorded on
our books' at 4V4 per cent. ! Clearly
somebody must have had knowledge of
the loan. Yet had it been some one in
our employ the interest t would have
beeh computed at 44 per cent.'
The securities offered by Fearl k Co.
for their loan and surrendered by the
bank for a piece of worthless paper in
clude lOOO shares oi United States
Steel common, 1000 aharqs of Rock Isl
and common, 1000 shares of the Metro
politan Street Railway, 700 shares of
Missouri Pacific, 200 shares of North
American Company, lorty-seven Ameri
can Tobacco Company bonds and some
Wabash bonds. '! ' '
' ' im I
Judge Humphrey Hears Closing Argu
ment in Packers Abate
ment Plea.
CHICAGO, Sept. 28. Judge Hum
phrey tfnlay beard the closing argu
ments in the plea in abatement filed
by the packers against the indictment
charging them with illegal method of
conducting their business. . The court
declared while it was possible he would
hand down a decision tomorrow, it'wa
not certain he would do so. V
The grounds on which the abatement
of the indictment is sought by the pack
ers are that the grand jury in returning
the indictment was ii.egal because it
was notT publicly drawn as required by
law; that the defendants were deprived
ot the right . to challenge tne jurors;
that Judge Bethea, sitting in the east
ern division of the northern district of
Illinois bad no right to receive or re
torn an indictment returned, from the
northern district of the same division;
that a member of he jury was not le
gally made a member of that body and
that the government officials had on
right to reproduce before tie grand
jury a transcript of the evidence pre
viously beard by them unsworn and un
verified, but -presented as an abstract of
evidence. .. . .
Takes the burn out; heals the wound;
cures the pain. Dr. Thomas' Electric
Oil the household remedy.
Makes Both 'Nations Great Powers in
Regions of East Asia and
. - India. -
When Trouble Arise3 for One, Under
' New Alliance, Other Comes to De
fenseTerms of Treaty Are Matter
of Satisfaction to England. '
. LONDON, Wednesday, Sept. 27 The
text of the new agreement between
Great Britain and Japan, signed by
Lord Lansdowne, the British foreign
secretary, and Baron Hayashi, the Ja
panese minister to Great Britain August
12, was issued by the foreign' office late
last evening. The momentous docu
ment is a brief one, comprising less
than 800 words, including eight articles
and a preamble. "
The main features of the new agree
ment have already ueen forecasted in
the Associated Press dispatches from
London and Paris. The articles of the
official text, however, bring out force
fully the tremendous, importance to
both countries of 'this alliance, which
practically makes Great: Britain Japan,
and Japan Great Britain for the pur
pose of defense "in regions east of
Asia .and India." ' ' ,
This inclusion of India specifically as
tho Ktint at which any aggression by a
foreign tower will call for assistance
from Japan' finds much favor with the
press of London. Baron Hayashi, who
was interviewed by the Associated
Press after the publication of the agree-
ment said: "The new treaty forms an
effective safeguard against renewal of
the disturbances in the far east. That
is its object. We cannot say that per
manent ieace has been secured, but we
ran aver that tranquility has been as
sured for a long time to come." j
While there is some criticism of the
treaty in the radical newspapers, it is
only half-hearted, and, as a whole, Lon
don, greets with great satisfaction the
positive assurance t the future assist
ance Of a powerful Oriental ally in alj
matters pertaining to far eastern joli-
tics. " '
Enormous Output of -Tin Cans . in c
' United States Every
, WASHINGTON, Sept. 2S. (Special.)
The American Can Company is man
ufacturing cans at the rate of lu0,000,
00(1 a month or 1,200,000,000 a year, an
increase in eight years of 500,000,000
cans in the annual output. At the be
ginning of the Spanisu-American war
there were 2000 canneries in the United
States, which put up annually $72,000,
000 worth of canned goods, while most
of the banned goods were consumed at
home, the year lefore the' war we-sent
abroad fruits to the value of $1,316,21
and' canned meats to the value of $2
000,000. Since 1H2 we have been man
ufacturing ur own tin plate. The pro
duction of tin and terne plates increas
ed froin" 42,119.000 pounds fn 192, to
894,411,000 pounds in 1901. This home
manufacture of tin plates gave great
impetuivto the manufacture of cans, tho
bulk .of the tin plate product going to
the ran manufacturers. The tin can haa
contributed more to the comfort nd
convenience . at 'home and abroad' than
abroad than almost any one other arti
cle, and has revolutionized vegetable
raising Grent plantation are now de
voted to raising corn, 'Wans, to
matoes and other products to be. canned
green, where leforc therprogress made
in ran makjng, small truck patches were
the only source of revenue for the gar
BUTTE, Sept.' 2G.-Iire today broke
out in the ruins o. the library building
of one of the structures swept by Sun
day's conflagration, and beforo the
blaze was extinguished numerous vol
umes were ruined : Iy. water. Revised
estimates of the fire loss place the loss"
of Sunday's fire at $,00,000 with $700,
000 insurance.
Dr. I, I. Wrigfi
Stcsjloff tzUi Cc:rt Street.
Submits Copy of Enjtry, j but Finally
Promises to Produce the :
Vice-President Thomas of New York
Life Explains 8ystem of Making Ad
vances to Agents Sensational Inci
dents in Investigation.
NEW YORK! Kept. 28,-Several sen
sational incidents developed at the ses
sion of the legislative committee on the
life insurance investigation today. The
first was when 'Gnrgc W. Perkins, vice
president of the New York Life Insur
ance Company and a member of tho
firm of J. P. Morgan & Co. objected to
producing the books of his firm show
ing a certain transaction of that firm
with the New York Life. Perkins of
fered 'to present a copy of the entry
in question from the books, but Hughes
demanded the books,: and after several
refusals on the part of Perkins, the
books will be produced later.
In the course of his testimony, Per
kins, when asted concerning the ,dif
ferencc- in the statement of "profits
from securities," in the Massachusetts.
reHrt of the committee and "no prof--its
from securities" in the New York
report, said: "When we get national
supervision we won't have ; these con-,
llicts between tne different states."
Perkins testified to the number of
transactions in which he represented
Morgan & .'Co. as seller and the NeW
York Life Insurance ..Company as pur
chaser. Another sensation was sprung later
in the day when Vice-President Thomas
A. Buckner of the New York Life de
tailed the advances made the agents
and which werr- carried inMhe report to1-
the state superintendent of insurance
as "computing renewal premiums." It
was brought out as a matter of fact
these advances were, loans, but not car
ried as such. Buckner testified the ad
vances were made to the agents some
times As, inducements to leave othor
companies and enter the employ of the
New York Life.
Perkins and Hughes Clash.
While Perkins was on the stand dur
ing the afternoon there was somewhat
of a clash between the witness and Mr.
Hughes, the first of anything of this j
nature that has becurred since the com-
mittee began its sessions. . It was when
Perkins was testifying as to the moneys
in the "Nylic" fund of which he is
trustee. "Perkins did not want it to
appear on the records that the agents
put a part of .their salaries into the
fund undef contract, unless the words
"and bonuses" appeared. He Baid to
Hughes that , he (Hoghes) was trying
to. get away from something and the
counsel hotly returned ho wag' not and
that if Perkins would answer his ques
tions much better progress would be
made with the ; investigation. i
Later in the day Henry Winthrop'of
the Kqiiitablej while on the stand, pre
sented a statement of the tnansfers of
stock of the Equitable at the time of its
change of management and directorate.
Most of the transfers Winthrop was
able to explain, but some he was not.
At the time of these transfers Winthrop
wa a holder of twenty-five shares. ll
thought the actual owner was James
11. Hyde, as he turned the checks for
the dividends overto Hyde.
Thomas Taylor, Hale Farmer, Stood in
Path of Ore&t Rock.
EUGENE, Or., '.Sept." 27. Thomas
Taylor, a farmer residing near Hale,
twenty miles west of Eugene, was kill
ed yesterday afternoon by a huge boul
der, which rolled dver him ami broke
almost every bone in his body.
Taylor was working with the county
rock jeriisher, and " his assistants were
rolling down tniuldcrs for the crusher
to work on. An immense 'rock was
stinted and Taylor stood directly in its
path. The men shouted to him, but it
was too late. He was almost unrecog
nizable. "' ' ; r-
The nnfortnnate man was aged about
55. vears, single and lived with his
brothers, Chris and Uilwood Taylor.
Dr. .Wright made a bridge foV i
some time ago and it has given per
feet satisfaction. I wouldn't take
five times what I ' paid for it if I
couldn't get another.
.va v o
f The Painless Dentist