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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Oct. 24, 1902)
10 THE MOENING OEEGONIAN, FRIDAY, OCTOBEB 24 1902. Way to Clear Irrigation Field. ARBITRATION SUGGESTED Fair to AH the Interests in the Case. WHO WILL- PAY TH BILL ? President Lytle, of the' Columbia Southern Railroad, Suggests That His Company and Portland Citi zens Raise the Money. President Lytle, of the Columbia South ern Railroad, who Is much interested in getting the Deschutes "Valley occupied by settlers, is inclined to the belief that, if the Government will undertake extensive irrigation in that country, larger results will be accomplished than -would flow from the enterprises now on foot under the Carey act. But he does not take the ground that the present enterprises are improperly in the field, or that they should be subjected to any injustice. He recognizes that they cannot be thrown out of the .Deschutes Valley, even if it should be desirable to do so. He thinks they have done a great deal of very necessary work. But the suggestion that the Government might do more if the proper conditions were presented there is at the bottom of his notion that-it will be worth while to consider measures for se curing a free field for the new Govern ment work. "I think the matter should be taken up with the Pilot Butte Development Com pany on a square business basis," said Mr. Lytle yesterday. "It should be ascer tained what will compensate the company for Its expenditures, and then we should raise the money and buy the rights and property, leaving nothing in the way of Government action under the new law. I think that money should be raised by the citizens of Portland and the Columbia Southern Railroad, as the parties most in terested in the development of that sec tion of the state. Our company wIlL will ingly do its share." "How should the amount be deter mined?" "Oh. that Is a matter of detail that can easily be arranged. I would suggest a competent, disinterested board of arbitra tion or appraisal. Men of knowledge and sound judgment In irrigation .matters may be found who, upon examination of the ground, and a statement of the legal status of the enterprise, can form a reli able estimate of its worth. "There Is considerable property belong ing to the Development Company that has no direct bearing upon the matter of irri gation; for example, a sawmill, a store, some houses and quite a bit of land that does not require .irrigation. The company might keep all that and simply let us have what would conflict with the new Government work. It Is possible, of course, that the Development Company might want to sell all or none, in which case I believe in taking all and paying a fair sum for it. Our return will come in directly from the development of the country. I have no sympathy with the spirit that would induce capital to come to our state and then try to cinch it No one will be injured with fair and reason able treatment, and we certainly have the right to try to get the most favorable ar rangements possible." This comes the nearest to a definite proposal for settlement of the differences rbetween the advocates of the two meth ods of Irrigation that has yet been made President A. M. Drake, of the Pilot Butte Development Company, was asked last night what he thought of. President Lytle's suggestion. "That comes asW refreshing surprise, in view of the seeming desire to confiscate our property and throw us. out of the cq,untry," said Mr. Drake. "I am lm-; pressed with the spirit of fairness. If it is really found desirable to get us out of the field in order that the Government may operate there under the new law, I liave no doubt that some such method as that suggested by Mr. Lytle will reach that end. But does anybody know that the Government would take hold of that field If we were not there? It is not al ways wise for the young woman to order her wedding trousseau before the young man proposes." Mr. Drake reflected a minute, and then reached into hlB pocke't and drew out a letter, which. h said, has been received from a gentleman whose advice he had asked for Just' such a situation as seemed to be in process of. development. The let ter ran in this wise: ' "If I owned privileges or rights that somebody else should want, my price to the Government would be the same as to an individual; and I suppose your price would be the same." .LAWYERS SUE FOR FEES i . llnme and Hall Clnlm Connty Should Pay Them Extra. - The suit- of W. T. Homes, and John H. Hall against Multnomah County to re cover $1526 alleged' tol be due on .a Icon tract to collect delinquent mortgage taxes, executed in 1SS5, was tried before Judge Cleland yesterday and taken under advisement. The testimony disclosed that Mr." Hall several years ago Ttrgued and won a case in the United States Supreme Court, 'in which it was determined .that foreign mortgage companies doing business in this state could be taxed on mortgages under the provisions of the mortgage tax law. The contract made by the county with Hume & Hall iivl895, in relation to taxes, "had longj expired when the suit in the court at Washington was .heard and determined, but Mr. Hall testified that he made a verbal, contract with Judge H. H. Northup and the County Commissioners in 1897 to try the- case outT and was en titled to be paid. Judge Northup" testified, that he knew Hall was -going to argue this case In the United States Supreme Court, as Mr. Hall told him he was going there to rep resent Multnomah County, and .was also aware that Hall obtained bonds from a number of taxpayers that they would abide by the decision In the County Court and pay the taxes due if the county worn The witness said he told Hall the county would have to be represented, and wanted the case won. There was no order made; they -simply talked it over, and nothing was said about pay. Judge North up said there was no contract, unlcsr these conversations and understandings might be construed as a contract. Philo Holbrook, who was County Com missioner at that time, testified that Hall appeared before the County Commission ers frequently, and they talked this case over and agreed that the county must win it In summing up the case for the plain tiffs, counsel argued that these actions showed a sufficient employment. Hall won the suit, and the county as a result eventually collected a largo amount of mortgages, and this claim for services should be paid. District 'Attorney Chamberlain opposed the claim, and among other things at tacked the legality of the written con tract because Hume was District Attor ney at the time It was entered into, and was, bound to attend to the business of the couuty. The plaintiffs now say, however, that . their claim is based wholly on the talks with Judge Northup and the then County Commissioners concerning tho. trial of the suit in the United "States Supremo Court. HORSETHIEF CAUGHT. ' J. X. Burronsrhs "When Arrested Con fesses to Escaping From Alcatraz. J. N. Burroughs, alias George "Wilson, Maurice Deverney, amd three other names, an ex-soldler from the Philippines, was arrested yesterday by Detecth'es Snow and Kerrigan charged with the larceny of two horses and a buggy, on the complaint of White Bros., of Woodburn. ' The pris oner was arrested on a description re- AMERICAN CONSUL H. B. celved, and he wastaken entirely by sur prise. "If I had only known that you wanted me, you fellows would never have taken i me," he remarked to bis Captors, as they I walked to the Police Station. He after ward admitted that the military authorl- I ties at the Presido. Cal.. want him to serve-Qyt the remainder of a three years' sentencetor shooting a man while he was serving with the Army In tho Philippines. Burroughs has only been in this city for a short time, and he lived In a room on Fifth street, near Salmon. Burroughs went to the Woodburn livery stable Wednesday morning, and asked for a -team and buggy, asserting that he was In the neighborhood to sell pictures for a Chicago art concern, and had to drive out several miles to see customers to whom he had, arranged to sell pictures. He mentioned several well-known people in this city with whom the- proprietors of the livery stable are acquainted, but some surprise was expressed among the livery stable people when Burroughs, Instead of driving to the hotel where he had been staying, as he had mentioned, drove furldusly in the opposite direction. When the- time elapsed by which he had guaran teed to return the horses and buggy, White Bros, became uneasy, and their manager, W. H. Goulet, telegraphed about the matter to the police authorities In ihis city, furnishing them with a descrip tion of the man with many names. Bright and early yesterday morning, Kerrigan and Snow started to hunt down Burroughs, and found that he had been to a First-street stable before them, of fering to sell the team first for $150, and then for $75. Burroughs was arrested shoray afterward. His description tallied so closely with that of an ex-soldier who Is wanted by the military authorities at the Presido for shooting a man In the Philippines, that the detectives subjected him to a searching examination. Then he told this story: "While I was a soldier in the Islands, 1 was arrested for shooting a man whose name I forget, and I was sentericed to three years in a military prison. I was sent to Alcatraz Island, where I escaped. Going toward San Francisco again, I was caught and sent to the Presidio, where along with six or seven others I made my escane and came sertlon that If he had known at first that Kerrigan and Snow were "cops," that they could cot have taken him alive. He was assured that if necessary his re mains would have been taken care of. Word of his capture was telegraphed to the military authorities at the Presidio. An agent of White Bros, has already identified Burroughs as the man who got the hordes and buggy from Woodburn. .Interesting: Demonstration. PARIS, Oct. 23. An Interesting cere mony has just been -carried out at the Pantheon, namely, the renewal of, tho popular demonstration of the rotary move ment of the earth originally made" by the astronomer, Foucalt, In iS51, and inter rupted by-theicoup d'etat of December 2, 1651, when the Pantheon was restored as a place of public worship. The pen dulum, composed of piano wire about 250 feet long, was attached to the summit of the dome of the Pantheon, and from it was suspended a ball weighing 56 pounds and having a steel stylus fixed beneath it. while underneath on the floor was erected a round table, having markell on t the divisions of the compass. A little heap of sancl was run around- the table. Camllle 1 lammarlon, the astronomer, and Senator Chaumie. Minister of Public Instruction, delivered a speech In the presence of a large assembly which in :luded numerous scientists. Then the Minister, with a taper, burned a silk cord attaching the pendulum to the side of the table and the pendulum swung across the table, cutting a trench throughV the 3and, each swing widening the trench slightly until the table appeared to be revolving. IX LOVE. Here Is a Model for Those "Who Love Anythinic but Perfection. "Beauty ofvface is nothing compared with ' perfect physique, good nerves "and happy j great cleansers and toners, scrape the ashes from a burnt-out constitution, kin dle new flres In the fountains of life, and send the glow of new youth to the cheeks: For sale by S. G. Skldmore & Co., Port land, Or., 50 cents- a box, or six for $2 50. A DINNER FOR MILLER "HONOR TO THE CONSUL TO NIU OHWANG, CIllNA. Addresses on Conditions of the Orient and Possibilities of American Trade Expansion There. Fifty-six gentlemen occupied seats at the dinner in honor of Hon. H. B. Miller, United States Consul at Nlu Chwang, China, at the Portland 'Hotel last even ing. It was a gathering of representa tive business men, and was designed to -be in the way of recognition of Consul Miller's activity in the Orient as a com mercial agent of the United States Gov ernment. Palms and lilies and varl-col-ored lights adorned the tables. At the head sat President F. "E. Beach, of the Portland 3oard of Trade, with Hon. H. W. Corbett and Congressman Tongue, Senator Mitchell and Consul Miller on his right and left respectively. The menu was leisurely disposed of, being attended with much informal sociability. ' Half a AT. NIU CHWANG. Drawn from life by Lute Pease. MILLER. dozen short addresses were made, which carried the function past midnight. Mr. Miller made, the principal speech. It was devoted to 'a discussion of the re lations and characteristics of China, Rus sia and Japan and the trade fleld thfey present. China, he said, lacked the power of financial adjustment, Russia's policy had lost her much prestige In the Orient, and Japan did not have expansive force. The introduction of American vwares in all those countries had worked great changes and made it comparatively easy to In crease the volume, of trade; a secure foot ing had been established. The results of the foreign intervention to put down the Boxer Insurrection were briefly set forth, showing that the United States stood to gain much from Its policy in that diffi culty. .Mr. Miller said that Colonel Dosch's visit to Japan would be beneficial to this country, and he was sure that the Japanese would make a representative exhibit at the Lewis and Clark Fair. Mr. Miller took it for granted that Oregon would make fitting display at ,the Jap anese exposition. He expressed the con viction that the Pacific Coast would be amply repaid for any effort-It might make In the direction of pushing trade In the Orient. Hon. H. W. Corbett referred to the cir cumstances of Consul Miller's appoint ment, concluding that It was fortunate for Oregon and the Pacific Coast that he was sent to China Instead of to Germany, as he had at first desired. He looked for ward to the time when the United States would be a great clearing-house of Orient al trade. His prophetic eye also foresaw that the United States would have a pop ulation of 400.000,000 before the bicenten nial of tho- Lewis and Clark expedition should be celebrated, and there would be 50,000,000 in the Pacific Northwest. Senator Mitchell briefly told of the good standing of Consul Miller at the State Department In Washington, and expressed his own pleasure at the success achieved by his' friend of 29 years, as the repre sentative of his Government In so im portant a foreign fleld. He hoped that Mr. Miller might stay there until a better appointment could be found for him. Congressman Toiigue followed In a forceful speech. In which he said the Idea that Russia was the friend of the United States was erroneous; that Russia really represented danger to American Interests in Eastern Asia. However, he said, the conquests to be made in. the Orient were those of diplomacy. He hoped to assist In establishing a consular district there with Mr. Mlllen-at the head. SESSION. -OR NOT? (Concluded on Page 10.) asito the charter exists sufficient In Itself to. jqstlfy a special session. ' Fourth. Is the Lewis and Clark Fair appropriation. I am bound to say that in my opinion there Is serious danger that the appropriation measure may be in volved with other legislation as well as with the Senatorial election. There might be a disposition on the part of certain politicians to use the fair appropriation bill as a club over the heads of the Mult nomah delegation In order to force them to, support.leglslatlon that -might appear to them undesirable,' or to vote for a Senatorial candidate or candidates whom they might- otherwise wish to oppose. It appears-16 me that the Multnomah dele gation has a right toUask that the Lewis and Clark Fair appropriation be consid ered entirely on Its merits. ft is of course1 not a local measure, but the del egation will have It In Its special charge, and will be held individually and col lectively responsible for its success nr failure. I think, therefore, that we have a right to ask .the people of the state to permit the fair enttrprlse to be disso ciated from all other matters whatsoever. So I am disposed to fall in with what has apparently become a general sentiment for an extra session. "And my Inclination Is made much stronger by my desire that the Portland charter be speedily enacted. Senator Herbert Holman If a special session could be held and the business confined to the matter"bT the 1905 fair and he city charter alone, and my constit uents would favor such a measure, I would be for the session. However, 1 much doubt their ability -to confine their business to these two Issues. In 1S98 a" special session was held and It lasted for "many days, and all sorts of bills were brought in. The state was- put to a large and unnecessary expense. Representative S. B. Cobb-a don't feel that there is any necessity for an extra session. I believe that the Interests of both the .Lewis and Clark Fair and the State of Oregon would be better promoted by appropriating the money that would have to be expended In an extra session, for an exhibit at the St. Louis Fair. It Is true that there is an immediate need or action on, these matters and it Is true that there is a necessity of having the new city charter go into effect as .soon as possible, but I do not-belleve that the time gained would justify the expense. A special session could not be called before November 15. Representative J. S. Hutchinson At first I paid little attention to the talk of an extra session, but it seems that the taxpayers are taking the matter up. It the taxpayers want an extra session it does not behoove the Representatives or Senators to say whether or not they shall nave it. We are elected to serve the people and If they want the session It is our place to hold IL It Is true that- business propositions that come before the legislature are orten defeated by political aspirations. If tne Governor could call an extra session and specify In the call that only such mat ters as the Initiative and referendum and the 1905 fair were to be taken 'up, It would eliminate political manipulations from the consideration of these matters. There seems to be some doubt as to whether"br not the Initiative and referendum Is self operative. I think that it was drafted to be self-operative, but if there Is now any reason for doubt In the matter, it should be removed by the Legislature tak ing such action as would be necessary to makeMt effective at the earliest oppor tunity. Senator Andrew C. Smith While I am In favor of allthat the advocates of the special session wish to accomplish, I think that the objects can be gained kiulte as well at a regular, session. The time saved by a special session will not com pensate for- the extra expense and the In convenience to the members of the Leg islature. The expense would be large and the members would be called from their business. I do not believe they should be asked to hold an extra session unless there Is a pronounced needfor It. I am In hearty- accord with everything that per tains to the welfare of the 1505 falr.-TJut I believe that the fair will be liberally and fairly provided for at the regular ses sion. I believe that the sentiment ex pressed by Congressman-elect William son will prevail, and that but few, if any, of the members of either house will practice such petty politics as to obstruct legislation concerning the-fair for the-in-'terest .of their own aspirations, either Senatorial or legislative. Representative John GUI It Is .true that ah extra session will cost the state a lot of money, and It would be better to treat these matters at a regular session If it could be done fairly. I do not think, how ever, that It would be safe to leave them to tl)e regular session. There are many political considerations that will enter into the matter at that time. Eastern Oregon will ask for- a scalp bounty or will not support the appropriation and other local matters will come up. At first I was opposed to the extra session but' since looking Into the situation I believe that It is in the interest of economy to call one. Besides it will facilitate the business of the regular session. Representative A. A. Bailey Personally I am opposed to holding an extra session. I think It will Incur an unnecessary ex pense, but if the people want it I am will ing to go. I fall to see how an extra ses sion will exclude any of the political manipulations. If favors are to be ex changed, they can be exchanged at an extra session as well as at a regular one. I fall to see "anything in an extra session at all but more expense for the state. Senator F. P. .Mays I am still opposed to an extra session. I do not think that any possible benefits which might come from It would justify the expense, nor do I believe that the situation Is such as to make an extra session necessary or even advisable. w Senator Alex Sweelc I am not at all' fa vorable, to an extra session.. It would en tall expense to the taxpayers which would not be compensated by the results. Be sides, it would needlessly take up the time of the members of the Legislature. In my opinion the benefits to be derived from enactment of the charter at a spe cial session would not be worth the ses sion.' Possibly the session might help out the Lewis and Clark appropriation, but I am by no means convinced that It would. Representative W. W. 'Banks The time saved by enactment of the charter and Fair appropriation bills, in my opinion, would not justify the expense of the spe cial session. I "recognize the strong argu ments for the session, but I think that the arguments against it are stronger. As to the question of the Initiative and refer endum a great many considerations are to be taken into account, ,and they grow as a person deliberates over them. The purpose of the amendment Is good, but I am not yet sure that It has been ac complished as" well as It might be. If my constituents declare themselves for a special session I shall waive my doubts about its expediency and willingly follow their desires. Representative George M. Orton Really I do not see that any advantages will come of a special session, except perhaps to the Fair, and yet I have serious doubts as to this, also. In my opinion legislators disposed to hold, up the appropriation will try to do so as promptly In special as In regular session. Of" course, If the ap propriation were made In special session It would give the Fair a prestige that would be considerable. But I believe that the appropriation can be obtained as read ily in regular session. As to the char ter, It will go through the Legislature quickly, and its enactment will be suffi ciently early in the regular session. No, I don't think the charter will e blocked or amended, for It is the mandate Qf the people. As to the initiative and refer endum, I don't think the Legislature needs to do anything at all. The amend ment Is all-sufficient for Its purpdses as It stands. The parts of the charter al leged to be at variance with-it have been rendered nugatory by the will of the peo ple, as expressed in the amendment However, If the people, really desire to have a special sessltm I shall willingly go to Salem in theirinterests. Representative C. W. Nottingham Yes. I have favored an extra session from tho start. A special session would be alto gether safer tor the Fair appropriation because it would keep that measure freer from political entanglements than in reg ular session. An early appropriation will set a good example before other states. An extra session would also hasten the enactment of the new charter, which we all desire-to- Tve put in operation. Be sides. It would 'help out the cause of flat salaries. 1 Opposed to Extra Session. EUGENE, Oct. 23. Considerable discus sion Is heard among prominent business men and politicians here on the subject of the proposed extra session of the Legis lature which the Taxpayers' League of Portland Is petitioning for. The almost universal opinion here is that an extra session for the purpose named in the pe tition Is wholly unnecessary, and that the object sought will, probably have as little or Jess chance for successs as If left for the regular session. Members of the Legislature do not give their views on the subject for publication, but it is com monly heard in conversation that the Leg islature has not failed In Its duty toward the Lewis and Clark Exposition, and there Is no reason for supposing, as the extra session proposition is understood to inti mate, that the Legislature will not do its IF YOU WANT TO WILL WEAK1 THIS SAILOR SUITS - from $1.95 up to $10 SCHOOL SUITS from $2.50 up to $v5 OVERCOATS - - from $2.95 up to $12 SNAPPY STYLES Excellent Fabrics. , ' . I -PERFECT TAILORING. MODEST PRICES The choosing is at its best NOW. Qur Men's Raincoats and Ov'rcoats ARE UNRIVALED. Price v Take time by. the forelock and make your selection while the stock is unbroken. LEADING CLOTHIER - part when the proper time comes. It is argued that If the proper .appropriation should nof be made, then it might be well to call an extra session after the adjourn ment of the regular, but that It Is wholly unlikely that any appropriation would be nade at a special session prior to the "egular that would not be madetat the regular session, and the extra sesslon'pe tition is not regarded with favor. W. It. Bllyen Opposes. ALBANY, Or., Oct. 23. Hon. W. R. Bilyeu, of this city, a prominent Demo cratic member of 'the next state Legisla ture, declares himself as emphatically op posed to an extra cession" of the Legisla ture. He believes the regular session will be ab'eto take care of the business of the state and Is not In favor, of placing this extra cost upon the people of Oregon. He Is In favor of submitting the question on an .appropriation to the people of the state under the referendum, which he be lieves is operative without an extra ses sion; but should It come to a vote in the Legislature, without the referendum, he will oppose any appropriation exceeding $100,000. Rnley Opposes Extra Session. PENDLETON, Oct. 23. I strongly favor adequate appropriation for the Lewis and Clark Fair. I think, however, all needed legislation can be obtained at the regular session. j. n. mmm. FILIPINOS FIRST NEED. Influential Native Lnys All Stress on a Stable Currency. , SANT FRANCISCO. Oct. 23. Raymond Reyes Lala, a native Filipino, graduate of , yXIOlU UI1U I1ULUIUWZ.CU .1H1CIH.UU, iia.o ai - rived, here on his. way from Manila to Washington Jo tell something of the pres ent urgent needs of the Philippines. "Legislation is much needed for the Philippines," said Lala, when seen at his hotel.- "We poor Filipinos need a stable currency. We cannot do business with the States without having a fixed standard of money. In the old days silver was gener ally worth three-fourths as much as gold, and at the worst two forgone. But now silver and It is a silver country, though the Government demands all Its payments In gold sliver Is lower yet, $2 37 for every dollar In gold. To secure ?400 in gold when I was leaving for the states I had to pay something like $950 In silver. The worst of It Is that there Is no stability In the ratio. The commission can make It any thing It sees fit. ' "The Islands need railroads. They need more reliable labor, for my countrymen of the laboring class are very uncertain. If they make a few dollars they don't care to work till they are gone." MASONS WILL REPAY TAXES Cliicnpro Association Satisfied Its Officers Used Money Wrongly. CHICAGO. "Oct 23. At a meeting of the directors of the Masonic Temple Associa tion held tonight. It was decided to pay Kthe taxes upon the property of the asso ciaTETon amounting tf $2C,650. Captain Edward Williams, manager of the association.. Is now on trial, in the Criminal Court on a charge of conspiracy to defraud the county out of the taxes due. He received $20,000 with which to pay the taxes, and returned to the asso ciation a receipt which the County Treas urer swore In court was a forgery. The evidence given during the trial satisfied the directors thatno money had been paid for the taxes and they decided that the amount should be paid as soon as the trial of Williams Is concluded. Williams has declared that he paid the taxes, and the money lias been paid Into the offices of the County Treasurer. The. directors of the association also decided to com mence action against Williams to recover the $20,000 paid to him by them for the taxes. Paris pays nearly one-quarter of all' the- direct taxes levied In France. KNOW WHAT SMARTLY DRESSED MEN SEASON ASK BEN SELLING ABOUT IT WHAT ABOUT THAT OVER COAT FOR- THE LITTLE FELLOW? These cool mornings are likely to pro duce coughs and colds which are.apt to last all winter. Don't you think it advisable to come in and make your selection NOW while choosing is at its best? s $12 to $30 r ELLING ILLEGAL LIQUOR-SELLING CHARGES AGAIXST SIX MEX INVES TIGATED BY GRAND JURY. County Said to Have Lost Heavily Some of the Accused Are Old Offenders. The grand Jury was engaged yesterday in' Investigating the cases of numerous persons conducting saloons in various parts' of the county without license, thus causing the county to lose a revenue of several thousand dollars a year. The lowest penalty provided for this offense Is a fine' of ?200. Persons who appeared before the grand Jury, supposed to be engaged In unlaw ful liquor traffic, were: M. R jflano. Linn ton; Robert Wlltze, West Portland; Caswell, Seven-Mile House; Joe Latourell, Troutdale; Max Ruhle, Ten-Mile House; and Lars Larson, Sandy Bridge. Larson.and Ruhle were arrested for this offense about a year ago. Refiano has not paid any license for two years. H. Miller was arrested a year ago, and then took out a license. Subsequently, he either went out of business or forgot to renew the license. He is now circulating a pe tition for a license, and Is said to have made a deposit with the County Treas urer. What the grand Jury ascertained as the result of its investigation has not yet been made public. SPEXCER HAS COUNTER-CLAIM. Says Paquct "Was Sloiv in Building; Boat and Changed Plans. E. W. Spencer, In answer to the suit Of Joseph Paquet to recover $7S0 balance due on a contract for building a steamboat, has filed a counter-claim for $2614 dam ages. He alleges that Paquet departed from the plans, destroying the shape and power of the boat, and causing defects. He explains at length what the alleged changes consisted of, and also avers that Paquet was to have completed the boat 100 days from May 30, 1901. S"pencer states that the craft was not turned over to him until September 13, 1901, and that he is entitled under the contract to recover 16 days' penalty at $25 per- day, amount ing to $400. 1 FOR MURDER OF LUM GAU. One Chinaman Indicted and Two Others Held ns Witnesses. t . Ung Gow. jointly1 Indicted with Leon Kwee and Leong Quan for the murder of Lum Gau, was arraigned before Judge Sears yesterday and allowed one week to plead. Leon Kwee and Lcong Quan, the two other defendants, have not yet been Brought before the court. The arraign ment was made by Deputy District At torney John Manning, and George C. CI l . . . n . . i - diuui ayjjcuicu uo citiumey iur me ae- j lenuiiiL. lug rcquesL ul Air. Planning, five Chinese witnesses were placed under $500 ball each, to insure their appearance at the trial. If they are unable to fur nish it, they will be held In custody. OUTC03IE OF GAMBLING GAME. Schiller Says He Offered Indemnity to Bank for Nelson's Money. E. Schiller, in answer to the suit of Ladd & Tllton to enjoin him from taking legal steps to collect two certificates of deposit for $100 each. Indorsed In blank j by Edward Nelson, says he offered to Indemnify tne bank from loss If it would p'ay them. Schiller avers that he received the certificates in the ordinary course of 5 business. Nelson stopped payment on the ground that he was intoxicated when he indorsed the certiheates. It is under stood that this occurred In a gambling house. The bank has offered to pay the money into court and let the contestants, Including Nelson, fight It out. Few Changes in Assessments. The County Board of Equalization, com- LEADING HATTER prising Judge' Webster, County Clerk Fields and Assessor McDonell, yester day finished It's labors. There "were 200 pe titions altogether to consider, and quite a number of minor changes were made in assessments, but no radical changes. The total of the assessment will be altered but little. County Clerk Fields Is prepared to com mence the work of making the tax roll for 1902, assisted by a force of competent clerks, and has secured rooms for the pur pose In the City Hall. Assessor McDonell Is having the index for the assessment roll made. The tax roll will be finished as soci as possible, so that the collection of taxes can be commenced next year on time. Tax Deeds Due December 13. The delinquent tax roll for the year 1S99 shows that a large number of deeds to purchasers of tax titles will be due on December 13. 1902, as the time for re- ; demptlon will have expired on that date, j Property-owners whose property for that : year was sold for taxes will do well to redeem before It Is too late, and thus save considerable expense or possible loss of the property entirely. Mrs. Buchner'WIll Continue Business Augusta Buchner. administratrix of the ! estate of Daniel M. Buchner, deceased, was authorized by the County Court yes I terday to continue the barber shop for merly conaucteu Dy nim, and to draw $100 per month of the profits for the sup port of herself and children. Decision Today. Judge Sears will announce a decision this morning In the case of James S. Backenstos against the City & Suburban Railway Company, on the motion to make the complaint more definite and certain. Trainmen's Demnnds Considered. NEW YORK, Oct. 23. A meeting of the (directors of the Union Pacific was held at the offices of the company here today, and the demands of the trainmen, who have threatened to strike, were consid ered. Nothing was made public as, to what, if any, action had been decided upon. I ! When the head feels dull and heavy, the ' skin appears sallow and greasy, and the I stomach-refuses food, lake Carter's Little 1 t i jtn t-. rt-.t Viir. LJiVtTl XT JUTUli L litU. Is the baby happy and contented? If not, send for a sample of Mellin's Food. SEND A POSTAL FOR A FREE SAMPLE 07 MELLIH'S FOOD. Mellin's Food Co., Boston, Mass. Ripans Tabules, doctors find, A good prescription for mankind.