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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Dec. 30, 1902)
'4 - this MOKtflJXG OJKJStfONlAN, . TUESDAY, DECEMBER 30, 1902. , LiEM WAS GUT OFF Effectof,ForecIosune Sale on Judgment Creditor. SEORjSE-H. WILLIAMS WINS SUIT Japreme Court Decides the Rights of Grantee of Mortgagor Where the Hdgraicnt Creditor Shared In Proceeds of Foreclosure Sale. A Judgment Hen creditor ,who Is a party to a .suit to foreclose a orlor mortgage, and who obtained a decree, directing' that tee proceeds of sale, after satisfying prior Hens, shall be ap plied in payment of his Judgment, can not have the premlres resold under exe cution In the law action for any defi ciency where the land had been re deemed by a grantee or mortgagor who takes subsequent to the foreclosure. An attorney for -an executor has no Hen upon estate funds in his hands for the- value of professional services ren dered Jby him. SALEM, Or., Dec 29. Special.) The Supreme Court today handed "down Ave decisions. In three Instances the judg ment of the lower court is affirmed, and In . twe reversed. The following cases were decided: "WilllamH-WilBon. George H. Williams, appellant, vs. TV. II Wilson and Robert Kelley, respond ents, from Wasco County, Teversed June 16, 1902, on petition for rehearing; re versed; opinion by Justice "Wolverton. This is a suit to enjoin the sale of real property, under an execution Issued on a Judgment against the plaintiffs' grantor. In January, 1893, O. D. Taylor mortgaged the property In question to William H. "Wilson, and in the following July con veyed it to the plaintiff, but did not have the deed recorded until July, 1895. In 1S94. Joseph A. Johnson obtained three Judg ments against Taylor, aggregating about $5100, and received an assigned judgment against Taylor from Caroline Breese for 51107 50. At the time of recovering Judg ments against Taylor, Johnson did not know that .plaintiff had any Interest in the' mortgaged property. In November, 1891, J. C. Flanders, the -assignee of the m6rtgage, instituted foreclosure proceed ings, making Johnson a party defendant. Johnson filed a cross bill, setting up his Judgments and alleging that they were liens on the mortgaged premises, and en titled to be paid out of the proceeds of the foreclosure. In May, of the follow ing year, a decree was rendered foreclos ing the Flanders' mortgage, ordering the sale of the property and directing the pro ceeds to be applied first, to the payment of the Wilson mortgage and costs, and then to the payment of the judgments held by Johnson, in 'the same order that they -were recovered. - The decree also provided that all the" defendants, includ ing Johnson, shall '"be. barred and forc ever foreclosed of any and all title, in terest, claim or demand In or upon said mortgaged property, and each and every parcel thereof." except the statutory right of Tedemptloni The property was bid in by Johnson for an amount sufficient to satisfy all Hens except the one of Octo ber, 1801, for the sum of $1841 71. The sale was confirmed in July. 1895, and on Au gust S, that year, plaintiff redeemed by paying Johnson the amount of his bid! which was accepted and applied on the judgments of March and July, 1S91. The unsatisfied judgment of October. 1S34, amounting to S1S11 71, was assigned to one Rorick, "who. in August, 1901, assigned it to Wilson, who attempted to have the property seized and sold on execution for the satisfaction of the judgment that remained unpaid. Plaintiff brought this suit to enjoin the sale on the grounds that the lien of the Johnson case was barred by the decree of the court In this case the question for decision is, whether a judgment lien creditor, -who is a party to a suit to foreclose a prior mort gage, and who comes in by answer or cross-complaint, and sets up the judgment and obtains a decree that the proceeds, of the sale, after satisfying prior liens, shall be applied In payment of his judgment, can have the mortgaged premises resold "under execution issued in the law action for any deficiency due him on his judg ment, when the land had been redeemed by a grantee of the mortgagor, who takes subsequent to the rendition of the fore closure decree. Court holds that a junior llenholder must be made a party defend ant to a foreclosure 'suit if it is designed to divest him of any Interest he has ac quired in the foreclosure. In conclusion, the court says of the effect of the usual foreclosure proceeding: "The parties can have no remedy or process to enforce their individual Hens, as they existed prior to the foreclosure, because It cuts them off, and gives them the process provided for, the enforcement 6f the decree where the priorities are determined. . . . The brior demands 05. liens haying been volun tarily satisfied, the defendant could have ljad his execution to enforce, the decree n'd have the property applied lo the pay ment of his lien, aa therein determined, ijratf the property having be,en once sold under the decree, and Taylor, or rather J&iSi successor in interest, having re deemed, the specific Hen, is discharged. If, however, the defendant herein "had ac quired a personal decree in the foreclos ure suit, and the same had been regularly docketed, he would have been entitled to an execution upon that, as in ordinary cases, but he can have no execution upon his judgment In the law action, as it has- never reattached by tho property coming into the hands of the judgment debtor." By tho decision the defendant is en joined from further prosecuting his ex ecution in the law action, "Winchester et al. Hoover et al. 13. H. Winchester and Charles Main, re spondents, Vs. Hulda E. Hoover et al., ap pellants, from Jackson County, H. K. Hanna Judge; reversed, opinion by Justice Bean. ThJu Is a suit to determine conflicting claims to real property In Douglas County. In 1RSG, G. W. Hoover died and gave his children and grandchildren one dollar each and devised the balance of his estate to his wife during her life. He also named her as executrix without bonds. In 1SS8. the widow, without an order of the court, sold to one Cooper, lot 1, block 14. in Medford, for 5S0O, its reasonable value. The plaintiffs have succeeded to Cooper's Interest and being la possession of tho property, brought this suit to de termine if they hold the property as own ers in fee or have merely a life estate in terest therein. The question presented "was whether by the will of Hoover, his widow took the title of the property in" fee, with the power to sell and dispose of It. or only a life in terest therein. The court says that in construing a will, the intention of the tes tator, as expressed therein, must prevail. From an examination of the -will under consideration the court concludes that It was the manifest intention of the testator to give only a life-estate In the property to the widow and that she had no power or authority to sell or dispose of any greater interest therein. The will pro vided that the wife was to have and hold the property "during her life, or While she shall remain unmarried," and that at her death or marriage it shall descend In aual proportions to the testater's chil dren, share and share alike, unless she' shall die or marry "before Elmer Hoover becomes 21 years of age, in which event a sum is to be set apart out of the estate sufficient to give him a college education, the remainder to be divided equally among the testator' children. The court holds . that there Is no power of sale given to the widow by the will, and if there had been It would not have had the effect to enlarge her estate into a ice, but would simply mean that she might fully and freely dis pose of "her estate in the property as a tenant for life. In concluding, the opinion is as follows: "The. fact, If it Is a fact, as alleged in the complaint, found by the trial court, and strenuously urged at the argument here, tha the sale was made by tho widow to provide means to support, maintain and educate the minor children of the testator. Is Immaterial. The title to the property was not given to her in trust for any such purpose. Her power to convey it depend ed on the terms of the will, and not upon the purpcoe for which the sale or convey ance might be made. If the will gave her no power to sell or dispose of the fee, none can be Inferred from the necessities of the case." Court concludes that the plaintiffs are the owners of the life-estate ' of Mrs. Hoover only, and that the fee is in the defendant heirs. The decree of the lower court Is reversed. Walte Willis. F. B. Waite, respondent, vs. W, R.WllHs, appeUant, from Douglas County, J. W. Hamilton. Judge; affirmed, opinion by Justice Wolverton. This was an action by the executor of the estate of Fendal Sutherlen. deceased, to recover the sum of 5334 05 alleged to have been wrongfully withheld by the de fendant, who was suing as attorney for the estate. In the lower court, plaintiff was given a judgment. Waving alleged defects In the answer In the case, the court finds that the defendant has no legal basis upon which to found his defense. "He (defendant) was employed by the executor while administering the estate and Is not entitled to an attorney's Hen for services rendered in that -capacity, upon the money or property of the estate 'coming into his hands professionally," reads the opinion. The employment of an attorney by an executor Is held to be a personal matter and in. no way binding upon the eetate. Owing to the Inadequacy and Insufficiency of the defense that was interposed, the Judgment of the lower .court Is affirmed. Dean et al. Dean et al. B. W. Dean et aL, appellants, vs. Ralph Dean and Olive Dean, respondents, appeal from Jackson County. H. K. Hanna Judge; affirmed, opinion by Chief Justice Moore. Britt ct nl. Reed. Peter Britt, Helena Hanna and Fred rika Healey, respondents, vs. C. W. Reed, appellant, from Jackson County, Henry L. Benson, Judge; affirmed, opinion by Justice Bean. State vs. Ucldins Tried. The case of State of Oregon, respondent, vs. A. I. Belding; appellant, was argued and submitted in- the Supreme Court to day. D. R. Murphy, of Portland, appeared for Belding. The state wao represented by District Attoroney Chamberlain and Attorney-General Blackburn. CITY'S LOSS WILL DE LIGIIT: Astoria Municipality Not Liable for "Raised" City Warrants. ASTORIA, Or.. Dec. 29, (Special.) An opinion was filed with the ways and rneans committee of the Council today by City Attorney Smith regarding the city's liability for tho "raised" warrants which are now in circulation. The opinion is based on a decision of the State Supreme Court, in the .case of Goldsmith vs. Baker City, and on decisions of the United States Supreme Court in several similar cases, and states that the city cannot be held responsible for any of the bogus warrants, which haye not already been paid by the Treasurer and upon which payment has been stopped. According to this, the city's loss from the defalcation will be very light. There are good and sufficient bonds on file to protect the mu nicipality's interests against any of the acts of the late Auditor prior to January 1 last, and of the warrants Issued since that time only those drawn during the month of January have been psid. John A. Devlin Dead. A telegram was received here today an nouncing that. John A. Devlin, of As toria, died very suddenly in California this morning. The 'cause of his death wad not statad, but is supposed to have been heart failure. Mr. Devlin was. n native of Ireland, about 65 years of age, and was formerly one of the leading sal-mon-canners on the Columbia River, al though he retired from active business several years ago. Since that time he has lived in Astoria, but always spent the Winter season In California, and left for that state about two weeks ago. He left a widow, but no children, and one sister, living in Chicago. The deceased was a man of exemplary habits, honored and respected by all who knew him. Astoria Bowlers Win. The HUhee bowling team, of Salem, visited this city yesterday and. played a series of games with the team of tho Commercial Club. The home team won three out of four games by a total score of 938 to SS3. The visitors were ban queted at. the conclusion of the game, Expeets 3,000,00ft Fry. Superintendent Hansen, of tho Chinook hatchery, expects to turn out 3,000,000 fry this season, the largest number In the his tory of the hatchery. He has already 2,000.000 eggs in tho racks, whereas the total for last year was only l.EOQ.QO.. Lop: Transportation Suspended. The transportation of logs from Wil lapa harbor at Xahcotta to the Colum bia, over the line of the Ilwaco Railway & Navigation Company, has been sus pended, as the scheme is said to have been a failure from a financial standpoint. Delinquent Tax Sale. The sale of property on the 1901 delin quent tax list was held this afternoon, and the greater portion of the property was purchased by local speculators. ARMSTRONG IS ARRAIGNED. Mast Answer to Charge of Murder in the First Degree. BAKER CITY, Or., Dec 29. Pless Arm strong, who shot Miss Minnie Ensmlnger early Christmas morning, was arraigned before Justice Messick this morning to answer to the charge of murder in the first degree. He was represented in court by Attorney George Bently. He was given until 1:30 o'clock tomorrow afternoon to plead, at which time the preliminary ex amination will begin. District Attorney White has announced that the trial of the case In the Circuit Court will take place at the February term. Should Armstrong be convicted arid sentenced to be hanged It will be the first legal hanging In the history of the coun ty. In the early days two men were hung by a mob, but since then there has been no execution, legal or otherwise, In this county. Grant Armstrong, of Dayton, Wash., a brother of the prisoner, Is here to render what assistance he can to his unfortunate relative. George Johnson is being held under bond aa a witness for the state. It is hinted that Johnson's testimony I3 of such a nature as to Insure the convic tion of Armstrong. There is no more talk of lynching, the people believing that the courts are able and capable of deal ing out justice in this as well as other cases. Murderer Sarrlno Is Caught. SPOKANE, Wash., Dec 29. Forty or 50 citizens scoured the country- around Sprague last night, seeking Pete Sarrlno, an Italian, who had shot Fred Brown, a waiter, in a saloon row. Sarrlno was caught at last near Kline, half a dozen miles away, and taken back to Sprague, where he is now in jail. Brown Is still alive, but,, with a bullet hole in his lungs, his recovery is doubtful. See Barretts adv. on Page 8. RETURN EXHIBIT FREE RAILROADS GRAKT HALF-FARE RATES FOR 1005 FAIR. Commissioner Knapj Holds Confer ence at St. Lonis "WItk Represent atives of Train e Departments, ST. LOUIS. Dec. 29. (Special.) The railroads will return free of cost all ex hibits taken from the S. Louis Fair to the Portland Exposition in 1905. This as surance was given John W. Knapp, spe cial commissioner for the Lewis and Clark Fair, at a conference this afternoon with representatives of the traffic departments of tho several railway Uncs extending from St. Louis to the Pacific Northwest. The railroads consider this their best means of promoting the interests of the. Portland Exposition. The general feeling in St. Louis Is de cidedly in favor of fostering the efforts of the Lewis and Clark Exposition in a re ciprocal way. It is believed to be of as great Interest to the State of Misourl and the states west of the Mississippi River, .as well as the manufacturing states of the East, looking to the North west for trade, that the State of Oregon should authorize, by an act of the Leg islature, the Lewis and Clark commis sioners to see that the state Is creditably represented at the World's Fair of St. Louis in 1904. Hon. D. M. HoKser, of the Globe-Democrat,, chairman of the committee on leg islation for the Louisiana Purchase Expo sition, was also interviewed by Mr. Knapp this afternoon. After Mr.. Knapp had ex patiated upon the reasons why Missouri should and Is in duty bound to encourage the great undertaking of the Lewis and Clark Exposition, because that state la the home and point of departure of the Lewis and Clark expedition in 1S05, Mr. Houser said: "You car. say to Hon. H. W. Corbett, to The Oregonlan and the people of Ore gon that I shall, in my official capacity, and with whatever influence I may com mand with my paper, recommend and urge upon the Legislature of Missouri and our World's Fair Board the urgent propriety and reciprocal necessity of Mis souri being represented at the Lewis and Clark Exposition In Portland In 1S05 by the transfer of our state exhibit as a whole from St. Louis to Portland in 1804." DinrcQTOR MILLER IX IDAHO. Visits Governor Morrison in Interest of Lewis and Clark Fair. BOISE. Idaho. Dec. 29.-(Spccial.) O. L. Miller was here today from Baker City In the interest of the Lewis and Clark Ex position, in 1905. ' Mr. Miller Is a member of the board of directors, and camo to Boise for the purpose of laying the foundation for securing an appropriation by the state for participation In the Ex position. In talking of the matter, ho said he hoped Governor Morrison would find his way clear to recommend such an appropriation. All the other Northwest ern States, he said, would participate, and It was the desire of the management that Idaho be well represented. Mr. Miller expressed the hope that tho matter would be called to tho attention of the members of the Legislature, and they would feel disposed to present the state In line with the others that will partici pate in the Exposition. If an exhibit should be sent to St. Louis, ho said, much of, especially the mining display, could be taken directly to Portland. Mr. Miller went to Caldwell tonight to see- the Incom ing Governor. NO NEW CHAUTAUQUA PLAN. Board of Directors Fail to Agree on Plan for Reorganisation. OREGON CITY. Or., Dec. 29. (Spe cial.) The failure of the stockholders of the Willamette Valley Chautauqua Asso ciation to agree upon a plan of reorgan ization at its recent meeting will result in next year's assembly being conducted along present lines, notwithstanding the fact that the directors of the association are practically unanimous In the belief that reorganization should be " effected and had agreed upon a plan. At the close of the assembly In 1901 the asso ciation was In debt about J500, and, to protect the association, the dlroctors went on a note as Individuals. Thomas F. Ryan, treasurer of the association, ad vanced $500, and on this note 5200 is still duo. A floating debt of 5100 was paid. The success of this year's assembly paid off much of the debt of the association, but the directors are still on the note, on which there Is a balance due of 5200. Sheriff's Sale of Jnnlc Land. The Sheriff's, office force Is hard at work making out tax deeds for property recently disposed of at the junk sale, of land from the delinquent tax roll of 1S9S. Something like 51000 was realized from the sale., and of this amount over $400 was realized from' the Gladstone Real Estate Association's property and ?lia from an other tract assessed to Joseph Simon. Will Repeat Cantata. The cantata, "Christmas Angels," which was given In the Presbyterian Church Christmas eye, will be repeated next Friday evening In the church for the benefit of those who did not have the opportunity of hearing the first rendition. No admission will be charged. County School Superintendent J. C, Zin ser has received information from Super intendent of Public Instruction J. H. Ackerman that eighth-grade examina tions will be held In Clackamas County January 28, 29 and 30, April 8. 9 and 10, May 20, 21 and 22, June 17, 18 and 19. Ex aminations for county papers will be held February 11, 12 and 13. Examinations for state papers will be held February 11, 12, 13 and 14. INJUNCTION SUIT FILED. Sheriff Restrained From Selling De linquent Property. ST. HELENS, Wash.. Dec 29. (Special.) An Injunction suit was filed this morn ing restraining the Sheriff from selling a few pieces of property for delinquent taxes in the heretofore disputed territory between Columbia and Washington Coun ties. Washington County first secured control of the disputed sections and later It was decided to be within the boundary lines of Columbia County. Tho County Court of Washington County now comes with a restraining order, alleging that Columbia County did not come Into legal possession of the territory. The delin quents in the disputed territory are made plaintiffs to the suit. The sale, of property for delinquent taxes takes place tomor row. FEED SHEEP ON POTATOES North Yakima Farmers Find Substi tute for High-Priced Hay. NORTH YAKIMA, Wash., Dec 29. (Special.) The sheepmen of this valley have solved the problem of being com pelled to pay a high price for alfalfa, and now there are Indications that the price will drop before very long far all kinds of hay. The potato, for which this valley is famous, Is made a substitute for high-priced hay by those who were caught without a good supply on hand when Winter set In. Small potatoes can be purchased at 53 per ton. and they are considered to be as good.' for feed as any other tuber grown. The sheepmen say three tons of them are equal to two tons of hay, and, when fed' to the sheep raw, as Is now being- done, .they prove very nutritious. Alfalfa has reached 510 and $11 per ton In the Btack, and the farmers are not willing to sell at that figure. The sheepmen contend that the price of hay will drop before the first of February, while the farmer contends that before next Spring the price will go up tc 512 and 514 a ton. Never In the history of the Yakima Valley has such a big price been paid for alfalfa as at present This time a year ago 56 0 was the high est price paid, but, owing to the great number of stock brought in from Oregon to be fed in the valley, and the cold weather that has prevailed for a month past, there has developed a scarcity not at first expected. CERTAIN OF HIS ELECTION. Levi Ankeny Says He Has the Lead Over Other Aspirants. BAKER CITY. Or.. Dec. 29. (Speclal.) Hon. Levi Ankeny. of Walla . Walla, is here attending a meeting of the directors of the First National Bank of this city, of which he Is president. Speaking of the Senatorial contest In Washington, he said: "As to the race for United States Sen ator In tho State of Washington, I feel confident that I have a good' show to be elected by the State Legislature, which convenes at Olympla, January 12. The ballot for the Senatorshlp will be taken on the 20th, or thereabouts. Of course, I only see one side of the matter, butmy friends tell me they believe-my success is assured. Strong men are opposing me for the election, but I think my friends are stronger than they arc' "Concerning present finances, I believe that too much speculat5onhas been going on In Wall street and elsewhere, and that values are liable to get too high, and that perhaps some damage has" already been done through overcapitalization of trust Interests. I am firmly of the opinion that President Roosevelt, in his wisdom al ready exhibited, will be able to avert any thing like a financial panic"" Speaking of. the Columbia River im provements, he said: "The one creat thing needed for both Oregon and Washington Is an open Colum bia, River from the Inland Empire to the sea. Both states are equally Interested In this Important question. There is no occasion for dickering over it, and any child can see that the course of least re sistance, or the route down a water level for the transportation of products from the farm to ocean vessels. Is the only sensible proposition for all to work for." ORGANIZED HORSETHIEVES. Band Is Operating: Among: the Ranch men of Southern Oreson. GRANT'S PASS, Or., Dec 29.-(SpecIal.) An organized band of horscthieves is operating on the ranges of the Southern Oregon mountains, especially among the ranches of Eastern Josephine and West ern Jackson County. Edward Lyons, for merly of this city, Is suspected of being the leader of the band. Horses to the number of 32 have disappeared from time to time, and over 100 head of goaty and nearly half as many sheep have been stolen from the ranchers and stockmen of the above-mentioned territory. In vestigation has proven that the horses have been driven south across the line and dlsppsed of at Redding .and other Northern California points. Edward Lyons was recently arrested, having been found driving a band of miss ing stock, and was taken into custody, but escaped from the officers while they facre attempting to take him to jail. Lyons Is a young, man of light build and dark cqmplexlon. The ranchmen feel confident that Jie Is at the head of an organized band of horsethlevcs, who have boon at work along tho Coast all of the past Summer and Fall. ASHLAND MAKES TOOR SHOOT. Makes Score of But 35 In Dense Cold Fog Individual Score, JJO. . ASHLAND, Or.. Dec, 29. (Specials Company B, Fourth Regiment, O. N. G., of this city, held its target shoot today on tho rifle range east of town. It was a part of the contest now going on among companies of the regiment for the silver cup to be awarded to the successful team, and a gold medal offered to the best in dividual marksman. Colonel George O. Yoran, of Eugene, and Captain C. C. Kaufman, inspector of rifle practice, were present. The contesting team, which was composed of Sergeant Henry Cartert First Sergeant James Spencer, Sergeant Samuel Grubb, Musician Roy Rickerson and Private John Herndon, made a total score of 35 as against Eu gene's 90 and Albany's 58. The best in dividual score made was 0, by Sergeant James Spencer. Grant's Pass anil Rose burg companies are still to participate. The poor record made In the team shoot today Is due largely to the dense cold fog which prevailed during tho con test. In a practice shoot, yesterday the team scored 55. Colonel Yoran Is conducting the quar terly inspection tonight at the armory. WOODBURN COMPANY LEADS. Mnkes a Record of 00 points in Com petitive Regimental Shoot. WOODBURN, Or., Dec. 29. (Special,) Under Colonel John M. Poorman, acting Inspector of rifle practice, Company D, of this city, contested for the regimental sliver cup for the team shoot and the gold medal for the beat Individual shot. The team selected by Company D consist ed of Sergeant Kelsey and Privates Beach. Branlgar, Guerro and Van Cleave, the result being 29 points, which Is the best record so far made by the companies In the regiment. The Individual scores were: Sergeant Kelsey. 22; Beach, 23; Van Cleave, 23; Bennett, 22; Guerro, 21, which ties the score of the Eugene Company. Officers and members of the company are much elated over the splendid records made. CABLE NOT YET CONNECTED. No News From the SHvertown, hut Ofllclals Are Not Worrying;. SAN FRANCISCO, Dec. 29. Up to a late hour this afternoon there had not been a flash from the cable ship Silvertown to In dicate that Hawaii is in telegraphic com munication with the world. The cable may not yet be landed. Any one of a dozen obstacles may have delayed the work. Even if there have been no un usual difficulties, the cable officials see-,no reason to worry over the matter. A heavy swell would prevent getting the cable to shore. What the weather at Honolulu Is cannot be surmised. The steamer Sonoma, which sailed from Hon olulu December 23. at 6:15 in the morning, arriving here today, reports that, after leaving, the Islands, she experienced two days of squally, rainy weather. LITTLE NEWS FROM SLIDE. Unidentified Body Is Found Tiro Miles From the Bunkhonsc. SPOKANE. Dec. 29. A Nelson. B. C, special to the Spokesman-Review says: Little further news has been received from the scene of the disastrous snowsllde at the Mollie Gibson mine. Campbell's body was brought down to the landing today, and will arrive here tomorrow. An" other body was found, but not identified, about two miles from the site of the bunk house. Provisions were taken up Sunday for the rescuers, and the four survivors, who had taken refuge In the tunnel, were brought down to the foot of the tramway. AH the survivors here are doing well ex cept McLaughlin, whose injuries proved more serious than at first reported. Dayton Suffers a R4000 Fire Loas. WALLA WALLA. Wash.. Dec, 29. A special to the Union from Dayton says that Are last night damaged the stock of Miller Bros., bakers, to tho extent of 53500, besides causing a loss of 5500 to the store building. Adjoining property was slightly damaged. The blaze was. caused by a defective electric light wire in the basement ol the bakery. MUST KILL MOTHER LOVE MRS. TINGLEY DECLARES IT IS -HAItMFUL TO CHILDREN. Prevents Full , Development ot Child Testimony, of Mrs. Mohn, Who Had Daughter at Point Loma. SAN DIEGO, Cal., Dec. M.-"We should kill out mother love, otherwise we cannot progress," was a remark attributed to"" Mrs. Tlngiey in the deposition of Mrs. George F. Mohn, of Los Angeles, who took the stand today in the Tlngley-Tlraes libel case. Mrs, Mohn said she was at Point Loma four years ago with her littlo daughter. The child was sent to the col ony. The little one later begged her moth er to take her away, as she did not like the other children or the fare. In regard to the separation from her child Mrs. Mohn relates a talk with Mrs. Tlngiey, In which the deponent said: "She, told me that mother love In me was very strong, but she said it was not good for the child, and that her plan was to remove children entirely and to keep them apart from IU that the mothers held them back, and the child could only go as far as the mother went In their nature; that Is, they could not draw out their bet ter qualities. She said I pught not to look upon my child any differently from any other child, and thajt I ought not to show any different feelings for her. She said it was natural, of course, but not along the higher lines. It was not what sho called liighcr spiritual lines. It was not the thing; we should kill out this thing, other wise we cannoV progress." Mrs. Mohn testified that it was the duty of one of the night guards to remain near Mrs. Tingley's room and watch. The deposition of Mra Lena Morris, of 109 West Sixteenth street. New York, was among tho first to be Introduced at the resumption -of the trial thia morning. Its subject-matter covered a period of about 11 years ago. when deponent was the jan ltres3 at 107 West Sixty-eighth street, where Mrs. Tlngiey resided. The plaintiff succeeded In excluding the answer to the question concerning Mrs. Tingley's business at. the time deponent knew her and also a question, "Was there a girl living with Mrs. Tlngiey?" Only the formal portions of this deposition were admitted. The deposition of John M. Price, of 817 West Sixty-ninth street. New York, was next offered by the defendant. Thia depo nent knew Mrs. Tingley when she attend ed the theoiophlcal meetings at Madison street. He understood that she claimed to be the successor ot William Q. Judge, tho leader of the movement. A few words of Mr. Price's deposition were admitted, in which he said that he knew all of the leading theosophists In this country and in Europe, and that he knew Mrs. Tingley as living with her hus band and having no business, so far as deponent was aware. Questions then took the trend of general reputation and the nriswers were excluded. Regarding his personal knowledge of Mrs. Tingley's spiritualistic beliefs. Mr. Price answered: "She was a spiritualist in belief. I know that she was given to going Into trances as a medium. I have seen her In trances giving forth prophecies that never came true. I am giving this from my own ob servation. She used, or claimed to use. clairvoyance In all her doings In theos ophy." A question concerning Mrs. Tingley a use of hypnotic power was vigorously contested, the arguments of counsel tak ing In all the Interrelations of medlum lstlc and tnlnd-reading and hypnotic power. Mr. Hunsapker. of the defendant's coun sel, made a plea for the admission of the answer upon the theory that it has been claimed that people found it difficult to escape from Point Loma, and that it made no difference whether they were re strained by physical means, by the laying on of hands or by the exercise of hyp notic power. The court excluded the answer. Several other ' questions, all bearing upon Mrs. Tingley's practice of hypnotism in New York, were in turn shut out. On the cross-examination of the depo nent. Price, he said that he had written to the Los Angeles Times, telling tho publishers where they could obtain evi dence. On redirect examination Price was asked to tell what Mrs. Tingley had said when she came out of the trance state. He said! "She claimed that the late Madame Blavatski and the late William Q. Judge spoke through her while she was in a trance state." Mrs. George F. Mohn, of Los Angeles, who followed Price, said she attended a great manv early morning meetings, and one midnight meeting. This midnight meeting was on a hill, about half a mile frcm the hotel. This hill was the place, she said, which was known as the "holy hill." The special ceremony wan the laying of the corner-stone of the School of the Lost Mysteries of Antiquity, Earth, air, water and fire were' symbolized by acts and words by Mrs. Tingley, who sprinkled ashes as she spoke. The cere mpny took about two hours, and was con ducted very largely In silence. MEMBERS DEFER ACTION. Eastern Washington Representa tives Hold Secret Caucus. SPOKANE, Dec, 29. Fifteen Republican members of the State House of Represen tatives met here in secrot caucus today In answer to a call Issued by Representative Bassett, of Adams County, and addressed to all Republican House members In Eastern Washington. Those present were: Llndsley, Stark, Henry, Wells and Whitney of Spokane, Durham and Dix of Whitman, Keyes, Denton and Wilson of Walla Walla, How? ard of Lincoln, Hare of Yakima, Haynes of Douglas, Bassett of Adams and Peas lee of Asotin. It developed that the object of the call was to Indorse S. A. Wells, of Spokane,' for speaker. Six of those present, think ing the movement was in the interest of Ankeny for Senator, offered vigorous op position. Stark of Spokane moved that the caucus Indorse Wells, when Peaslee, Dlx, Howard, Llndsley, Henry and Hare objected and declared that they would not be bound by such a motion If it passed. A motion by Wells that Chairman Bassett appoint a steering committee of five, himself Included, which should report to this caucus the night before the open ing of the Legislature, was carried. The chair named Keyes. Wells. Whitney and Durham. Peaslee wanted to know what were the powers of the committee. Wells said It had power to bind every man In the caucus on the speakership. The six protestants then declared that If - Wells' construction was correct they would leave the caucus. Wells then moved and It car ried that all action be deferred until the members meet at Olympla. MAN CAUGHT IN SHAFT. Whirled Around and Around Until Machinery Was Stopped. ABERDEEN, Wash., Dec 29. (Special.) While Harry Thorreson, aged 24, was adjusting a belt In the mill at Cosmopa lis his clothes were caught In a shaft, and he was whirled around until the ma chinery could be stopped. His leg was broken, an arm almost torn from the shoulder, and "ho al30 received Internal injuries. Not a bit of clothing was left on his body. He will die. SIDE OF FACE TORN AWAY. Man Is Accidentally Shot While Out Hunting: Ducks. EVERETT, Wash., Dec, 29. A special to the Everett Herald from Monroe states that Herbert Leek, of Cherry Valley while duck hunting with a friend, was accidentally shot by his companion. The enttre charge of shot entered Leek's mouth, tearing; off the left side of his face. He, was alive at last reports. Will FiKht 20 Rounds. Ed Taro, of. this city, and Fred Wyatt, of Toronto, who wa3 with the Jeffrles Fitzslmmcns attraction when here, will fight 20 rounds In Lowell on the night of January Man Found Drail. An unknown man was found dead last night In his room over the Riverside sa loon. From morphine In his pockets the police entertain the theory of suicide. Using Its Own Track Again. The Great Northern Is again using lt3 track west from Madison, where a bridge was taken out by a snowsllde during the recent, storm. Since Tuesday 110 bridge carpenters and 100 laborers have been rusning the work on the hew bridge. NEW WARDEN ARRIVES. F. A. Dry-den Will Assume His Duties at Walla Walla, Janunry 1. WALLA WALLA, Wash., Dec 29. F. A. Dryden, the new Superintendent of the State Penitentiary, arrived in Walla Wal la today and will replace John B. Catron January 1. Mr. Dryden 13 accompanied by his wife and son. The new superintendent said no changes In the prison staff would take place for at least a month yet. Deputy Warden Wells, of Skagit County, will come to Walla Walla In about two weeks. For the present Chief Turnkey John F. McAn drew will continue to act as deputy. The new superintendent has been in the mercantile business at Castle Rock, and at one time' served as Deputy Sheriff of his county. Warden Catron 13 at present undecided a3 to what he will do after leaving the prison he ha3 served as the chief executive for the past five years. HIa home was formerly in Ellensburg. WOODMEN MEET AT NEWEURG. Visiting: Slembcrs Present From AH Parts of Valley Banquet for 000. NEWBURG, Or.. Dec. 29. (Special.) Woodmen of the World held a great dem onstration hero tonight. Visiting Wood men were present from all principal camps of the valley.. The uniform rank of McMinnville Camp, under command of Captain T. B. Ladd, performed the drills. Colonel H. L. Day and General Organizer George K. Rogers, of Portland, are prom inent Portland visitors. Quartermaster W. T. Macey, of McMinnville. and Adju tant F, H. Coldwell also took part In the ceremonies. The Woodmen Initiated 47 candidates Into the order. During these ceremonies the Women of Woodcraft held a 'reception In Masonic Hall. At the close of the exercises both orders sat down to a splendid banquet, at which covers were set for 600. It was the greatest fraternal meeting ever held in this city. SWANS ON PLEADS GUILTY. His Arrest at Newport Creates a Sen sation at the Smelter. SPOKANE, Dec. 29. The arrest and conviction of Peter Swanson on a charge of having stolen property in his posses sion has caused much agitation in North port, Wash., where officials of the North port smelter say that a systematic plan of pilfering the gold-bearing matte has been In operation for years: In fact, since the smelter wa3 first established. Swan son was arrested at Rossland, B. C, and in h(s possession was found 100 pounds of the stuff. He pleaded guilty. Today friends of the man, who is a saloon keeper, sought to have the case reopened, claiming that Swanson did not understand the nature of his crime when ho pleaded guilty so readily. The court refused the request and will pass sentence Wednes day. Swanson declines to name the per sons who stole the matte and sold It to him. BODY WILL BE CRE3IATED. Mrs. Fremont Had Left Definite Fu neral Directions In Safety Vault. LOS ANGELES, Cal.. Dec 29. In ac cordance with her wishes, twe body of Mrs. Jessie Benton Fremont will be cre mated. The funeral Is to be held tomor row morning from the Episcopal Church. Mrs. Fremont had left In the safety de posit vault of the Union Bank of Sav ings Eimple but explicit directions for the disposal of her remains and her wishes will be carried out so far as It is possible to do so. Her ashes are to be buried beside the grave of General Fre mont, on the Hudson, and thus will be fulfilled one of the chief desires of Mrs. Fremont's last years. Twq Bnker City Houses Burned. BAKER CITY, Or.. Dec 29. Early this morning a fire broke out In a cot tage In the Warm Springs Addition of this city, in a cottage owned by Mrs. M. E. Motley. Tho fire department respond ed promptly, but the nearest fire plug was so far away that It was Impossible to get water on the flames. The house burned, and another cottage next to it owned by the same woman also burned. Loss, about $2000; Insurance, 51200. New Fire System for Aberdeen. ABERDEEN, Wash., Dec. 29. (Special.) About March 1 this city will have a fire alarm system in operation, and will put Into service a new fire steamer at a cost of 46500. The citizens are interested in having one of the best departments on the Coast. Forbid Chickens Running at Large. GRANT'S PASS, Or., Dec 29, (Special.) The Grant's Pass City Council has passed an ordinance forbidding chickens running at large within certain limits In the city. OF INT The Information Contained in This Gentleman's Statement Is Priceless. The hale, the hearty, the strong can af ford to tos3 this paper to one side impa tiently when they read the following, but ay sufferer who has spent a mint of money and hours of excruciating torturo caused by kidney complaint will stand In his own light if he does not follow the valuable advice offered by: William Gower, barber, of 131 West Bennett avenue. Colorado Springs, says: "I was Interviewed by a gentleman in the month of June, 18S9, about Doan's Kidney Plllo. X was then ilvinjc in Pueblo. Colo., and I told Kim that after suffering for four or flY years with backache and other consequences of either excited or weakened kidneys, I went to my druggist in Pueblo for Doan's Kidney Pills and took a course of the treatment. They cured me, and cured me quickly. Slnco then I have not had the slightest symp tom of a rcurrence. I have recommend ed them to a number of friends and ac qualntmces and told them If they did not euro them they could return the box to me and I would pay them for them. No ano ever came back with a box, so I knew they were cured." Ask tho Laue-Davis Drug Co. what thoir customers say about Doan's Kidney Pills. For sale by all dealers. Price 50 cents. Foster-MIlbum Co., Buffalo, N. Y., solo agents for the United States. Remember the netne Po&n's and. take OLD E VALU Wi Ml, Are always "beau- ; tiful" end always n happy" accord-" iag to the society ; reporters, and in I this case the re- i port is mostly true. There may be un- happy brides in . fiction, but there are few in real life. But how hard it is to look upon many of the wives we know and believe that tbfTT wprp once beautiful and happy. Pain, the result of womanly disease, has marred beauty and undermined happiness. Beauty and hapoiness are both restored to the sufferers from womanly diseases by the use of Dr. Pierce's Favorite Pro scription. It cures the pain-producing ills peculiar to women, establishing rejr ularity, drying weakening drains, heal 1ES. inflammation and ulceration, and! curing female weakness. It restores roundness to the sunken cheek and plumpness to the shrunken body. I have thought for some time I would write you end tell you of ths great improvement in ir.y health since taking your ' Favorite Prescrip--2? " Mrs H- s- Jaes cf Forest. N. C "When I oegan its ure I was a physical vrccfc aau had despaired of ever having any health agam. Could not sit up all dav, 'and was soi wcik I could not wait one quarter cf a raile. x I noted a great improvement in ii'v health be fore the first bottle was .used. W3 yuSerinjr with almost every pain that a woman 5s subject to; had nmnintnation of ovaries, painful and suppressed periods, and other s.-r.iptoms of fe male disease. After tafciap sis" bottles of -Favorite Prescription,' I felt like a new person Can nde horseback and take all kinds of cxer- ' else and not feel tired." If you are led to the purchase of R Fa vorite Prescription" because of its re markable cures of other women, do not accept a substitute which has none of these cures to its credit. If you are looking for a perfect lasa tivc try Dr. Pierce's Pleasant Pellets. Purely vegetable, mild and reliable. Regu late tlie Liver and Digestive Ornans. Tha aafaat and best medicine in the world for the CURE of all disorders of the Stomach. Liver. Bowels, Kidneys, Bladder. Nervous Diseases. X.oss of Appeite. Hea.dach?, Constipation, Co3tIvcneas, Indigestion. Biliousness, Fever. Inflammation of the Bowels. Tiles and all deranBments oC the internal viscera. PERFECT DIGESTION" will be accomplished by taking RAD WAT'S PILLS. By so doing DYSPEPSIA Sick Headache. Foul Stomach. Biliousness wilt be avoided, as the food that Is eaten contrib utes its nourishing properties for the support of the natural wastes of the body. Price 23 cents per box. Sold by all Drug gists, cr sent by mall on receipt of price RADWAY & CO.. 55 Elm Street. Xcw York.. fenfo Pile SpacJffc Cirts ImmetfizSs Rolfjf URBANA. III.. Oct. 20. 1002. Dr. Perrla. Helena. Mont Dear,. Sir: I have been trying through the drugglstu here to -obtain another bottle of your ppjeclflc, as I have Veen a- suf ferer from them oft and on for some years. I saw the ads. In the P.-I. of Seattle.. Wash., some time in May last. At that time I was 100 miles north of Seattle, so I went down to Se attle and found it. I have U3ed It up and have been trying to get more. It has helped me very much, more so than anything I have ever used, and I have aeen very anxious to use another bottle. Yours respectfully. H. S. CHANDLER. DANDIIUFF TVOS'T WASH OUT. The Germ Tljnt Catio It Hits to Bo Destroj'ed to Cure Daiitlrnft'. Many a woman spends an hour twice a wock scouring her scalp, thrnklpgr scrub bins oft the scurf will cure the dandruff. Two hours a week, at the age of 40 years, she has .spent 260 days oC 12 hours each, or two-thirds of a year of her life. In that vain hoper Vain, because you can't cum dandruff without killing the dandruff germ, and the only hair preparation on earth that will do that Is Newbro's "Herp'.clde" also a delightful hair dressing, and thor ough antiseptic against all contagion from ujkj of other's Tialr brushes. For sale by all druggists. Send 10 cents fri stamps for sample to The Hcrplclde 'Co., Detroit, Mich. C GEE WO, The Great Chinese Doctor la called great bo cuusu his wonderful cures are no well known throughout the United States, aud because so rauny. People are thankful to him for aavlujf their Uvea from op erations. He treau any and all diseases with powerful Chi neeo herba. roots, uuda, bark and vege tables, that are en tirely unknown to oMt Vhl3 country. and iSSL Thlafamoui doctor know the ao finS" r if?JwJ!Wditft:rent remedies that ase Me euuraiiteed to euro ciiarrn. aafhma. lungS tables rheumat,sm ner vouaness stomach, uver, kiunes. lemait trouble and all private diseases. Hun Ireda'ofSimonfals. ' Charses modwac Pall ini! see blm. CONbULlAlION FRlhk PaUents out of the city write for blank and circular. Inclose stamp. Ad dres THE C. GEE WO CHINESK MiOU 1CINE CO.. 132 Third street. Portland, Or. ilentlon this paper. kott's Santal-Pepsin Capstslss For Icilammatloa or Catarrh of tio Bladder and Diseased Kidacys. No euro eo pay. Carce qulcily ivnd Perma nently tha worst cases ot Gonorrhoea cr.u JIoett no matter of how long stand ing. Absolstcly harmless. Sold by dm crista- Price 81. CO, or by raail, postpaid, J1.C0, 3 boxes , 82.75. mi "Sill SARTAl-PSFSia GU, DELt-EFONTAINE, OHIO. LAUK-OAVIS DRUG CO.. I'ortlnnd. Or. Is th worst disease on earth, yet the eulei; to cure WHEN YOU KNOW WHAT TO DO. Many have pimples, .sputa on the altin. sure la the mouth, ulcers, falling hair, hone palrm, ca tarrh, don't know It is BLOOD POISON. Send to DR. BROWN. 033 Arch St.. Philadelphia, Pa., for BROWN'S BLOOD CURE. S2.00 per bottle, lasts one month. For sale only by Vranic Nau. Portland Hotel Pharmacy. Rlpans Tabules, doctors find, a good prescrip tion for mankind. 10 for 6c at druggists'. 4 3 Isot Acroas 1