ISSUED Str.U-VEEKLf TUESDAY AHD FRIDAY - ISSUED SEMI-V::li TUESDAY AliD FHiDAY i ii r i I i i fifty-fifth year no. 102. . -7- SIT.EM. OREGON, FRIDAY MORNING, SEPTEMBER 29, 1005. SECOND SECTION SIX PAGES. mm lTff(fjY fPQ, INVOLVES HIGH S QUESTION CHOOLlFOE! School Board Members and Examining Board Clash EXAMIHATIOII OF THE TEACHERS 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 OF SALEM 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 wme. 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 :"-.- XOOMIS FAMILY REUNION. 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. ARE GUILTY AS CHARGED JURY BRINGS IN VERDICT IN LAND FRAUD CASE. DELIBERATED ONLY SIX HOURS. 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. PORTLAND, 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.. GRADUALLY DYING OUT. 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. - : OLNY SEES DANGER IN IT DECLARES OPPOSITION TO RAIL ROAD BATE LEGISLATION. WOULD PROVIDE NO -PTrrrKy 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 NO ORDINARY PETTY THIEF CLEVER FORGER VICTIMIZES BIG NEW YORK BANK. OBTAINS VALUABLE SECURITIES Upon Forged Check upon Stock Brokers to the Abount of About $360,U00. 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. '! ' ' I ' ' im I . MAY DECIDE TODAY. 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. TRANQUILITY? NOW ASSURED AT LEAST FOR A LONG TIME TO COME IN FAR EAST. ANGLO JAPAN TREATY SIGNED 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. " ' CAN COMPANY CANS. Enormous Output of -Tin Cans . in c ' United States Every Year. , 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 dener. THE LOSS RUNS HIGH. 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. LOOK! LOOK! Dr. I, I. Wrigfi Stcsjloff tzUi Cc:rt Street. 1- OBLIGED TO SHOW BOOKS VICE-PRESIDENT OF NEW YORK LIFE IS STUBBORN. HE OPPOSES THE COMMITTEE. : Submits Copy of Enjtry, j but Finally Promises to Produce the : Records. 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. IFE IS CRUSHED OUT. 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