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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (March 25, 1903)
10 THE MORNtSG OREGOKIAS, WEDNESDAY, 25, r 1903. TESTS OF STRENGTH Rules Proposed by Civil Ser vice Commission. IT WILL MEET AGAIN TODAY FoUccaea and TlCemea Mwt Dea; outnte Their Ability to Jump Four Peet High, to Carry Wclffbttof ISO Poaads, Etc The members -of the Civil Service Com mission asat in the -warm rays of the Spring: sun yesterday afternoon in their room at the south end of the City Hall and talked. The monumental question that Is worrying every policeman and fire man in the city -was hardly discussed, and another meeting- will be held this after noon to continue the talk. Truo to -his word. Commissioner "Willis submitted the new rule .that he was in structed to draw up. It was a substl tute lor the present Rule 2, and in case of Its adoption, It will supersede it. It reads as folIows: Character and Fitaess. Every applicant must be o cood moral character, honest, of tem perate and Industrious habits, the same to be ascertained in such manner as the commission may determine, and In all respects competent and fit to perform the duties or trie position ap plied "for. Each applicant 'Will be a'Jowed to famish recommendations relating to the above mentioned Qualifications, made by not more than three citizens of the "United States, resid ing In Portland, Or., none of whom shall be related to the applicant. Blank form for ench recommendations ehall bo-supplied by the com mission. Each man applying for examination for a po sition In the police service or In the are eervlce will be required satisfactorily to pass such ath letic test as shall be prescribed by the com mission for applicants of the class be seeks to enter, and to thereafter, and seven or more days before being examined as to bis mental qualifications, furnish to the commission the certificate of such examining physician as shall be designated Ixy the commission, and a dupll cate of such certificate showing fully the phys- ictl condition of the applicant as to all things mentioned In the .form which shall be provided therefor by the commission. Such certificate 'shall be signed by eaid physician, and then by him enclosed In a securely sealed envelope and In that condition be delivered to the commis sion. Such envelope shall not be opened, nor shall such certificate be examined by any one. nor shall any Information or Indication be given to any of the Commissioners as to the same of tho applicant to whom such certificate relates. until after the physical qualifications of such applicant have been pawed upon and his stand ing thereon determined and marked by the com mission. And neither such determination nor marking shall be thereafter modified or changed except after a further examination by another physician, as provided in rule 1. Such dupli cate shall be an exact copy of .said certificate. except that the name and residence of tho ap plicant shall be omitted from the duplicate. Said certificate, said duplicate, and the outside of tho envelope in which such certificate shall be so enclosed shall be each distinctly marked In ink with the same number by or under the direction of such physician, before the certifi cate shall be so enclosed. The .Mayor wanted to know how the men were to be tested as to their ath letic ability. "Oh," said Mr. Willis, "any reasonable test of his activity, endurance and strength will bo sufficient. That need not be embodied in tho rules." "Wouldn't you have to specify what was going- to be required?" asked the Mayor. "I should like to know what they will have to do" "In. San Francisco," explained Mr. Courtney, "every man has to run SO yards in 15 seconds. Beside that test, he has to do any two of the following- feats: Raise himself twice on the parallel bars, chin himself twice without kicking- his legs, climb a pole, carry 150 pounds a cer tain distance, or vault .over a bar 4 feet 2 inches high. He has to pass the running test and do any two of the others." "How does this satisfy you. Judge?" asked Mr. Hodson. "There seems to be no particular objec tion to it," said the executive. "What do you think about it?" "Seems all right to me. But then this question: Suppose a little man, a dwarf, perfect In all other respects, comes up. Ho will be able to get in. If ho can pass a perfect mental examination." The commission got mixed up In this discussion, and it was finally decided that there would be very few who could pass an. absolutely perfect mental examination, so that tho fears were to an extent groundless. The matter of the classification was then attacked, and it was found that in the published rules of tho commission some of the positions now under the city government were not provided for, and ones that were "not under the govern ment were. An effort was made to straighten some of tho tangles, and Chief Campbell was sent for. After waiting nearly an hour, the commission -decided that the Chief was not coming, and that 5t was about time -to quit and go to sup per. "What shall wo do with this rule?" asked Mr. Willis. "We want to see if it will work. We dont want to get something that won't ;work," .said Mr. Courtney. "I move we adjourn," said Willis. Till when?" asked Mr. Hodson. "Till tomorrow." came tho firm reply. We better keep grinding away, and we better have all tie chiefs and the City Engineer here at the meeting to see that we get the list of positions unaer me gov ernmcnt straightened out." Their Sidewalks Are tke Best. The City Engineer's force has been busy no could be for the past few days listening to the complaints or tne people wno re ceive notices to improve sidewalks. The office is filled with thrones of people all day Ions who come to say that their walka are In the pink of condition, while their nenghbor's walks arte "something fierce." Yesterday there was a chance from the ceneral rule. A lone man walked into the office and asked for a permit to repair, without set ting up the usual howl about his walk be ing rood. Deputy Shannon was rather surprised that a man would build a new walk with out telling how good hla old walk was. and asked the property-owner about it. Much to his surprise, the man told him that he was aware his walk was bad. that it was much worse than any other in the neighborhood, and that he didn't have to be persuaded about It. He got his permit. and Mr. Shannon Is eiowly recovering, Inspect Rock Quarries. City Engineer Elliott and the rock quarry committee made another effort to examine the quarries up the Columbia River yesterday. Several weeks ago Coun cilman Rumelln introduced an ordinance for the examination of all the quarries that furnish rock to the city, and about ten days ago this special committee started up the river to visit the O. R. & N. quarries. The enow was so deep, however, that they were forced to poet pone their trip until yesterday. They will report to the Council on April 1. Neither Approved Xor Vetoed. Mayor Williams yesterday filed the ordi nance recently passed bj the Council re quiring a license on boxing contests of $100 per exhibition. The Mayor would neither approve of nor veto the ordinance. nd filed It with the Auditor as It stood. He la opposed to contents as a general thing, and did not care to express an opinion on the new law. - TO ASSIST EX-CONVICTS. Society for This Purpose Is Formed la Portland. That worthy ex -convicts may be assist ed to a law-abiding life when they leave the penitentiary, the Prisoners' Aid So ciety of the Northwest was formed yes terday at a meeting in the Hotel Port land. The association will be permanently formed on a plan, similar to that of the Central Howard Society of Chicago, which has extended its work throughout the Middle West. It is the hope of the organizers of the Portland society to make a start which will result in the formation of other associations of the same kind in every state in the Northwest. , The meeting yesterday was called at the suggestion of Rev. E. W. St. Pierre, for merly pastor of St. John's Presbyterian Church of Portland, who is now chaplain of the Salem penitentiary. He has been In correspondence with the Central How ard Society for some time, and the plan of the Eastern, organization wiU be incor porated into that of the Portland society. The purpose of the Chicago organization is to amken public sentiment in, favor of the worthy ex-prisoner, to secure employ ment for him after his release, to look after the men while on parole, and to ex tend the advantages of the parole law. The amount of money expended for this purpose Is not so large as would be ex pected, and Is entirely raised by subscrip tions. A committee of five was appointed to prepare the incorporation papers and to present nominations at tho meeting which will be held Monday afternoon. This com mittee Is composed of Rev. Edgar P. Hill, D. D.; Dr. Stephen S. Wise, Rev. E. W. St. Pierre, Mrs. B H. Trumbull and, Will iam Wadhams. Mrs. Wise, wfto was pres ent, was at first placed upon the commit tee, but at her request her husband's name was substituted. The meeting yesterday was simply to gather together such persons as would lend their aid to such. a. movement, and no attempt at permanent organization was made. Twenty persons were at the meeting and ail promised to attend the next session, when the organization will be perfected, and the Prisoners Aid So ciety of the Northwest launched upon Its career of extending a helping hand to all worthy ex-convicts. One of the aims of the society is to stop the occasional opera tions of persons applying to charitable persons with a most pitiable story that they are ex-convicts and that they can obtain no work while shadowed by their prison life. Being connected with the other societies of like nature throughout the country, the association here can easily learn as to whether a man who ap plies for aid is really an ex-convict or not. With this excuse many kind-hearted per sons have been fleeced by smooth-talking men with pitiable stories of a cold shoulder from an unkind world. Through his connection with the Oregon Penitentiary, Rev. Mr. St. Pierre has ,seen the need of such a society as that formed yesterday, and has called the attention of many Portland people to the subject. Subscriptions will be solicited as soon as the society is incorporated, and active work among ex-convicts quickly com menced. Rev. Mr. St Pierre will act as the Salem agent of the society and re port worthy cases of men leaving the penitentiary to the members of the or ganization in Portland. How to help the ex-convlct to help himself is the great question which the members of the new organization hope to solve. At the meeting yesterday many sarcas tic remarks as to the conditions of the prisoners, both in the penitentiary and the city Jails of the state, were made. Chairman T. N. Strong told of the miser able condition of the men and women in the Portland City Jail, where in a small room are crowded together drunks, crim inals and those half insane. "That's Christian civilization for you," said Dr. Mary Thompson, who has worked among the prisoners at various times for many years. "Yes; Siberia doesn't compare with it. said Mr. Strong, and his sentiments were echoed by others present. That the Judges of tho State Courts and the police officers may learn of the pur pose of the society, an invitation will be extended to the four Judges of the Circuit Court of Multnomah County, the Chief of Police and the Mayor to attend the next meeting of the organization By these means it is hoped to secure the aid of these officials in the prisoners aid work. Governor Chamberlain heartily indorses the plan, and has promised his support From the following letter it is seen that he is entirely In sympathy with, the or ganization started by Mr. St Pierre: "State of Oregon, Executive Depart ment Salem, Or., Feb. 17, 1303. To Whom It May Concern I am advised that Rev. E. W. St Pierre is taking steps looking to some organized effort to care for re leased prisoners. "I trust that this effort will bo seconded by all to whom he may apply. There is no question but that many of the men who leave prison at the expiration of their terms could be saved from further crime if there were some organization to whom they could apply for encourage ment and assistance In tho way of secur ing for them employment "Upon leaving the prison walls now they are destitute of means, without friends and wholly unable to procure employment with the result that most of them relapse Into criminal careers and later find themselves inclosed behind bars. "I will, therefore, watch tho efforts of Rev. Mr. St Pierre, and predict that much good will result therefrom if he Is given proper recognition. Respectfully . "GEORGE B. CHAMBERLAIN, "Governor' SECRET OF SOUP.MAKING Miss Toorheei Gives Demonstration at Cooldnsr School. Tho Tuesday demonstration at the School of Domestic Science was illus trated by three recipes of cream soups, each of them an excellent and meritorious substitute for stock soup. White sauce was used In the composi tion of 'each soup, and was. In fact. Its foundation. The black bean soup was served with slices of lemon and hard boiled eggs, these being placed In the tu reen or soup plate and the soup poured over. Miss Voorhecs has a way of making clam puree that is absolutely delicious, and perhaps the greatest reason for the Invariable success of her recipe Is that she cooks the clams very slowly, never allowing them to receive tho toughening treatment of hard boiling. AU classes at the cooking school are in a- thriving condition, and all of the pu pils are enthusiastic over their work. The new second-course class Is to begin on next Wednesday, and on Saturday afternoon at 2:30 the girls in the public schools class are to give a demonstra tion of their proficiency In making bread, muffins, omelet creamed cauliflower, scal loped apples and pudding sauce. TO BUY A LIBRARY. Historical Society May Pnrcaaae Books of Captain Wyatt Harris. A committee of the Historical Society will endeavor to raise by subscription a fund for purchasing the historical library of Captain Wyatt Harris, of McMlnnvllle. J. C Cooper, a. director of the 1PC6 Fair, has been Informed that the library Is available for $1000, The collection of books contains very valuable, records, some of which would be Impossible .to duplicate. The library, if purchased, would be put In the custody of the Oregon His torical Society. The money may be raised in connection with the Exposition move ments. The committee Is composed of F. G. Young. J. R. Robertson. Mrs. H. K. McArtiiur and Henry E. Reed. INSTALLING GREAT ORGAN WASOX EXHIBITION AT PAX-AMEEU ICAN EXPOSITION. Scottlak Kite Maieag Have Pmrckased. the Pi Best IastrsMCHt of Its ' Kind la. the West. . The great 510.00) aeollan pipe, organ which was exhibited at the Pan-American Exposition has been . purchased by the Scottish Rite "Masons of Portland, and will be .Installed In their magnificent new cathedral at Morrison and Lownsdale streets. The organ Is "the first of its kind ever built and Its coming to this city Is a distinct addition toi the list of fine Instruments owned by Portland music lovers. The thousand and one pieces have ar rived, and are now being assembled in the cathedral under the charge of M L. Clark, of Portland, the only pipe-organ expert in the Northwest The great in strument will be ready for the hand of the organist within two weeks, but it will not be heard by the public until the grand opening of the cathedral near the end of April. While by no means, the largest pipe organ In the city, the aeollan of the "Masons Is of a new type, presenting many Improvements upon the ordinary pipe organ. It may be played either as, an aeollan, by the use of perforated paper rolls, or as a regulation pipe organ, with the fingers alone. After the organ, which has been brought to Portland, had been exhibited for -some time at the Pan-American. Exposition, two duplicates of slightly larger size were made for Andrew Carnegie and W. K. "Vanderbllt These were sold for, $30,000 and 125,000 each. The - Instrument 'of the Masons Is In every respect the equal of tne pipe organs cf the multimillionaires, except as to size. As it' was made nrl- marlly for exhibition purposes, every pos- smie attention was paid to workmanship and tone quality. Many Portland visitors to the Pan-American will remember the wonderful music of the organ which has now oeen brought to their own town. As vrriil1pnt mnli v v,. the organ by tho use of perforated paper It Is specially adaptable to Masonic rites. Ralph W. Hoyt is the organist of the local chapter, and when he is present the instrument may be used as an ordlnarv pipe organ, but when no such organist as Mr. Hoyt Is there, another member with some knowledge of music may place the paper rolls In the organ and turn out very acceptable music Regulation of the tempo stop and the tone Is all that is required the perforated paper does the rest An eye also must be kept upon the electrical power which runs the Instru ment One motor furnishes the wind, while another supplies the suction for the aeollan action. The organ will be Installed In a loft at the right-hand side of tho auditorium of the cathedral, instead of over the plat form, as is customary In the churches of the city. It Is expected that by this arrangement the sound will be more even ly distributed throughout the auditorium, which will seat more than 1000 people. The motors and the dynamo will, be placed in a small room whose walls are lined with felt that.no sound of machin ery may reach the ears of the audience. This Is an innovation which will doubt less be well appreciated. The keyboard Is all of the instrument that has thus far been assembled. The remainder is scattered over the floors of two rooms, and Mr. Clark, who has put- together many organs before, is working as fast as possible to have the Instru ment in Shape at the time nr.nnlntP. "Wo has never seen the organ In operation, but tho parts were sent West completely numbered, and he will have no difficulty In getting the proper pieces In their places. As assembled in the Scottish Rite Cathedral, the organ will present "a bettar appearance than It did In Buffalo, where a low celling prevented the pipes being erected to their full height The en ure instrument will be decorated anew. and when ready for the public eye the j active state. "Religious life Is like riding j Rider Who Had No Taer. Masons may well be proud of their pipe a bicycle." said the speaker. "As long as i In attempting to collect bicycle taxes. It organ, both as to Its appearance and Its you keep on riding you are all right, but Is uniawful for a "Deputy Sheriff to as t0"e. Qualities. 4 I you can't stand still. There are a few sault a persqn wno lg rIdlng a wheei on a ... ure uiBuii i& wist neara ai me grand opening of the cathedral. M "R Wells, through whom the deal was made, will show what may be done, on an In strument of the new class. Dudley Buck, the famous composer, has arranged sev eral pieces for the aeollan pipe organs, and Mr. Wells will render some of this composer'8 music upon the Masons' organ, au ursan miters irom tne ormnarv aeollan In that the accompaniment may "be separate from the solo, and It is the nrst to be built with the solo attach ment The difficulty with the aeolians is that the solo cannot be kept separate from tho accompaniment but In the new pipe organ this has been eliminated. It has two manuals and pedals. In the ordinary church pipe organ only a small portion of tne possiDiiiues of the Instrument can be. brought Into play, one man's fingers never uemg uoie io cover tne enure range of keyboard stops. The makers of the new style say that In their instrument the full power Is at the command of the or ganist and that compositions impossible for one person to play can be given with MAJOR HARRY L. BAILEY, U. S. A. One of tbe pioneer soldiers who did very valiant service In the Pacific Northwest Is Harry L. Bailey, who has been promoted to be Major of the Second Rerular Infantry, and has returned to duty "with that regiment In the Philippines. Major Bailey case to Oregon fresh from "West Point. Just In time to go to the front with the Twenty-flrst Infantry. He toot a.n active part In the great Xer Perces campaign of 1877, and was on the flrlnr line's all through the campaign against the hostile Ban nocks In Eastern OTKon and Idaho during 1S78. He was In close touchy with General Wheaton at the Umatilla Asency at that critical moment when the allied tribes uf -the Cayuses. Walla Wallas" and Umatilla wavered between taking the side of the whites or Jolxunc the hostile Snakes. A gallant charge-made, by the regular soldiers and the Pendleton volunteers settled the matter. Had It gone the other way. the sagebrush flats and benches near Cayuie Station, which are now wheat fields, would have run that day with white men's blood. For several years Major Bailey was on duty at -Vancouver Barracks and Fort Tbwnsend, and is well and kindly remembered by many of the people in the Pacific Northwest. As .Captain In the Twenty-first Infantry, Major Bailey went through the Cu ban .campaign, and. was at Sa& Juan and Santiago. His regiment bad hardly . arrived back at Plattsbcrgh Barracks, N". Y., be fore ltj waa ordered to the Phlllppineswbere many of Its men fell. w" ' , esse upon the aeonan. It would require four men to bring all the hundreds of corahtaationa from the organ in St Ig na.Uos Church, in San Francisco, the jareest West of CThlroen. hut -the. same from the. Masons organ by a single or ganist When the public Is admitted to the ca thedral of the Scottish Rite Masons on the opening night they will have an op portunity of examining the finest Ma sonic building In the world. Incomplete as the building Is at present the most casual visitor may see that a wonderland Is being unfolded before his eyes. The auditorium where the organ Is being in stalled Is 90x00 feet yet its acoustic prop erties are so remarkable that a whisper may be heard from one end to the other. The cathedral Is In every way one of which Portland Masons, as well as every citizen, may Indeed be proud. RUINS ARE SMOKING. Residents Nearly Smothered With Fumes From Victoria Dock. - With smarting eyes and gasping breath the people of Larrabee street and others living on the bluff to the eastward of the ruins of the Victoria dock are protesting against the smudge fire which has con stantly annoyed them since the conflagra tion of March 10. Vile odors of burning wheat and sacks have been wafted to the nostrils of the neighbo;v of the ruined dock, until, unable any longer to bear the stench, they are making a loud protest Just who has the authority to order the fire put out is something which the suf ferers are unable to learn. Naturally their first call was upon the Fire Depart ment, but the District Engineer told them that he had no authority in the matter and that it lay with the Health Commis sioners. Dr. Blersdorf was called upon and promised that the nuisance should at once be ended, but the ruins are still smoking, It seems that the person who bought the debris as a speculation does not wish to j occupies an office in the building adjoln flood the ruins with water, as some of the j ln& noUced the rattling of bottles In his remaining wheat would be washed over- ro0m. and the chimney was damaged by board. The firemen laid a line of pipes, so j the shaking of the building, that the smudge could be put out, but s judge Frazer listened to this atatement. they were not used and have been re- , but still was not disposed to make the moved. Strange to say, the' fire does not : order askpd for. w snfd- Seem tO abate, but on the contrary I? ' burning with just as mudh foul smoke as ' ever' o wheat and the other ,mer- fhandlse which filled the huge dock when It burned are still sending up a most dls- agreeaoie ocor, ana unless nooaea wiux water will continue to do so for some time to come, according to the testimony of the people who complain. The wind for the past few days has been from the wesi ana ine wnoie n""" 01 le ni-smeu- west, and the whole mass of the ill-smell insr 31110X6 naa anrtea airectiy into the homes of the people on the bluff. Last evening the wind shifted and the smoke went up the river, but the smudse Is court will not grant a restraining order.' burning with the same perseverance. j Mr. Bronaugh reviewed his motion for The cork and wheat which was de- an Injunction, and said the presses were stroyed In the elevator fire many years run at full Bpeed, and said A. King Wll ago burned for several months, but the son. attorney for the printing company. yjeople of Lirrabee street are determined mat. incjr ui mui suu iuui iuii& iu Liijs case. "It Is possible that a number of us will call upon the Mayor tomorrow," said a red-eyed person with a choking gasp, last evening. "This nuisance must be stopped, -for we . have suffered long enough." URGES EARNESTNESS Lecturer In Y. 31. C. A. Auditorium Speaks to Yonnpr Men. Fred B. Smith. International secretary of the Young'Men's Christian Association. ' concluded a series of lectures in this city prayer, after which the congregation toqk part In suggesting different scripture les- sons. Mr. Smith addressed his lecture princl- pally to the young men who have deter- mined to follow the Christian religion during his series of lectures In the city. He stated that theft: was a great danger with which every man was confronted upon entering the Christian life, and that this danger was the dropping Into an in i u ridden a good many thousand miles, a,nd never could. It Is the same way with your religious life. You have got to keep moving or you are bound to fall off.' "When Saul, of Tarsus, heard the voice from heaven," continued the speaker, "he fell from his horse, and, -somewhere be- tween that horse's back and the ground i ne oecame convenea. ror wnen ne sirucK ! the ground he was in the kingdom of God, all ready for business. The man that Is a hearer of the word of God and does not respond may be assured that a part of God's great vineyard is not going to be tilled." Mr. Smith urged activity upon the part of all Christian young men. emphasizing the fact that when death approached and their life s work was spent, they would j look back upon .their triumphs for God and not on worldly victories. Seattle will be the next point at which that the Deputy Sheriffs had no warrant Mr. Smith will lecture. After visiting ! from the County Court; for, even If they Vancouver, B. C, and several Puget 1 did. It would have given them no author Sound points, he will go direct to New . ity to assault bicyclists. The court fur York, t ther stated that there was considerable PIONEER SOLDIER WINS PROMOTION. MAY KEEP ON PRINTING COURT "Willi NOT STOP METROPOL ITAN COMPANY'S PRESSES. Judge Fraxcr Denies Petition, to Re strain Operation of Machinery ia Leased Building. Judge Frazer yesterday refused to grant a preliminary Injunction restraining the Metropolitan" Printing Company and Peter A. and Maurice M. BImford from operating cylinder printing presses In a building at 151 and 1E6 Second street The court held that such an order would have the effect of stopping the business of the defendants, which would be Im proper on theahowing made. The plaint iffs in the suit are Benjamin Smith. John VM. McDonald and wife and Arthur Dav enport, who are the owners of the build ing. They state In the complaint that vibration caused by the running presses has caused a chimney on the adjoining building, owned by J. A. Strowbridge, to fall down, and that the building of Mr. Strowbridge Is liable to suffer further damage, and he has threatened to file a damage suit against plaintiffs. Judge Frazer, after hearing the com plaint and certain affidavits read, re marked: "This is a very strange showing upon which to ask a preliminary Injunction. Of my own knowledge, printing offices of all kinds have for years rented that property. If the operation of the presses has weakened the building. It seems to me It Is the business ofthe landlord to strengthen It" 'J. E. Bronaugh. attorney for the plaint lffs, stated that the Metropolitan Print ing Company was asked to run the presses on slow pressure, but failed :o do so. One night Drl George Strowbridge, who I "Tin vnn vennt n nrollmlnnrr IrHiinrMnn 0n such a slim showing as this? This Is not such a case as will justify the court in stopping a big printing office. K a landlord rents a building for a particular purpose, he must guarantee that the premises are fit for that purpose. Unless ; people go outside of all rules governing a printing establishment the court cannot grant an injunction. It Is a serious mat ter. It might cause the company to lose thousands of dollars. Until a trial, when all the facts can be brought out and which can be had at almost any time, the had fold those Interested to go ahead ixuu uo ua uiey uieaseu. ir. vt nson ue- nied this, except that he had informed his clients to get work out of the way as fast as they could. He stated that they had received 40 days' notice to move, and would obtain another location within that time, or else store-the plant and cease business temporarily. Counsel further stated that they offered to rent the whole building and move the presses downstairs, but were unable to get the entire bulld- , mg. j Mr. Bronaugh once more made a speech in favor of an injunction, but the mind of the court was made up. Speaking of the , presses. Judge Frazer remarked: "That t ought to have been taken into consldera- the premises. If, when they leased the j place, they leased It for a rooming-house, and the defendants put a printing office into It the owners would have a good ! case, but you. have leased It for this very purpose. The case can be tried almost any day. The Injunction will be denied." SHERIFF MUST PAY DAMAGES. i DepntleM Assaulted a Bicycle ; bicycle path. Judge Cleland so decided yesterday in the suit of R. W. Montague, an attorney, against ex-Sheriff WHHam Frazler, and rendered judgment in favor of Mr. Montague for $200 damages. About a year ago Mr. Montague was stopped by Deputy Sheriffs Jackson and Weir, while he was riding on a bicycle path on the East Side, on his way to his t nfflw u t-.-uo tiim? vtniantiv tn thn ! ground as a result of the rough and sud- . den manner in which his wheel was seized . by the two men, and was quite seriously injured about the head and shoulders. J Frazler was Sheriff at this time, and for , that reason was made the defendant In ' this suit as It Is a well-known principle : of law that an officer Is responsible for ' the acts of his deputies. j Judge Cleland, In passing- upon the case. 'read a portion of the complaint filed by Mr. Montague, and said It was admitted OUR ENTIRE ..STOdK OR. INKSTAND The Kilham AT Removal Stationery Co. Large assortment to select from. It will pay you to investigate. Sunshine, Smiles antee painless the profession. 5 UJtv. 3. 342 Consultation Office hours: DR. B. E. WRIGHT. Graduate Iowa State Univ. Sundays, 10 A. evidence Introduced as to whether plaint iff was trying to dodge the officers. The court "was satisfied that he was not, but If he had been, the deputies had no right"! to commit an assault. Judge CJ eland said Mr. Frazler, as Sheriff, was only nominally responsible, because, as a matter of fact, he appoint- ed the deputies in pursuance to an order made by the County Court and the Coun ty Court was asked to have these depu ties by a voluntary organization. This was the Multnomah Wheelmen's Society, to which everey wheelman who pays the bicycle tax Is supposed to belong. There is no regular membership roll. "Under this decision, a Deputy Sheriff, in enforcing the payment of bicycle taxes must not commit acts of violence or as sault a rider in attempting to seize a wheel. Robert G. Morrow, who has taken con siderable Interest in the bicycle organiza tion. Is not pleased with the decision, and says if the law is so construed It will work Injury to the bicycle-path fund, be cause It will make collections difficult CHILDREN" GET HIS WEALTH. Will of Ferdinand C. Smith I Ad mitted to Probate. The will of Ferdinand C. Smith, de ceased, was admitted to probate in the County Court yesterday. The estate is valued at over $100,000, and is to be dis tributed as follows: To Clara L. Smith, a daughter. $4000 and also various oil paintings and other articles; to Mamie S. Wallace, a daughter, $4000, a piano, rugs and household effects; to Daisy Alice Hol man. $4000 and certain personal property; to Florence C. Lyman, a daughter, $6000 and household articles; to Laura B. Dar den, a daughter, $6000, etc.; to Hennetta Strauss and Bertha. Van Vlack, sisters, $50) each; to Robert H. Wallace, Charles C. Smith, William C. Holman and A. C. Lyman, sons-ln-Iaw, $300 each; to each of the daughters, as many thousand dollars each as they may have children, that 13, $1000 for each child, to be deposited at Interest for the benefit of the children, and the distribution of the principal to be made as each shall attain the age of 21 years. Various bequests of watches. Jewelry, etc. are made to the grandchil dren. The remainder of the estate Is bequeathed to the children In equal shares. Robert H. Wallace'. Charles C. Smith and William C. Holman are named as execu tors without bonds, and authorized to handle the estate in various ways. ' WANTS ?20,000 DAMAGES. Anton 31. Jensen Says He Was In- jured by Defective Machinery. Suit for $20,000 damages for personal in juries was filed In the State Circuit Court yesterday by Anton M. Jensen, against the Willamette Boiler Works, at Front and Everett streets. According to the complaint Jensen was employed in the works as a mechanic, working near a crane used for lifting heavy pieces of ma chinery In connection with a block, pulley and other appliances. On August 29. 1S02, It is alleged that while Jensen was assist ing in moving large plat.es by means of the crane, because of want of due care and defective machlney, a heavy steel plate fell on Jensen, crushing and wound ing him severely. It is stated that he has been unable to work since, and Is permanently disabled. William Reed ap pears as attorney for Jensen. GUARDIAN OF HuOl HUSBAND. Mrs. F. Y. Masten Says Her Spouse Is Mentally Incapable. Mrs. F. Y. Masten filed a petition In the County Court late yesterday afternoon, asking to be appointed guardian of her husband. Edmund C. Masten. who is In capable of conducting his own affairs' be cause of mental Illness. Mr. Masten is In a sanitarium, where he has been for some time, undergoing treatment He is an old resident of Portland, and for a number of years was secretary of the Chamber of Commerce. He is also well known In church and musical circles as a singer and choir leader. A few years ago he Inherited a considerable fortune from his father, who died In California. Juror Denies It. In the suit of A. J. Delano against Dr. W. S. Drake. In which charges against Juror O. H. Lance of misconduct were made last Saturday, counter-affidavits were filed yesterday. Mr. Lance, who was formerly a minister, resents any as persions upon his reputation. He denies that while the trial was In progress he asked to be excused for a few minutes by the court, and went out and held a secret conversation with Dr. Drake, or any ccriverration whatever. Delano as serts that such a conwrsation did occur. Dr. Drake has filed an affidavit denying that he had anything to say to Lance, and the bailiff. A. Waldman, states in an affidavit that he followed Lance when he left the courtroom out Into the hall, and did not see him speak to. Drake. Extradition Proceedings. United States Commissioner J. A. Sladen has concluded the examination of Robert Percy Moffltt. who is wanted In Hong Kong, to answer a charge of em bezzling $20,000, and will probably render a decision on Thursday. The attorneys for Moffltt offered no defense, except a technical one, that the extradition papers are not regular In form In all respects. If the Commissioner finds that a crime has been committed, and that there Is probable cause to believe that Moffltt is guilty of the same, he reports that fact to the Secretary of State at Washington, who will then authorize Moffltt to be -taken back to China to answer to the charge. Want Xe-vr Guardian. Herbert, Henry and Ralph Thompson, minors, by their attorney, Mark O'Neill, yesterday hied an amended petition, ask ing- for the removal of W. T. Oaruner, as their guardian, and for the appointment of their sister. Mrs. Maud Fuller, as their guardian. Thty object to Gardner among other reasons because he is superintendent of the Boys' and Girls' Aid Society, which, thev say. is an Institution having for Its . 267 Morrison Street, Portland. Sale Prices uiiu a a 'os.&.jf vcu What a delightful combination. Unless your teeth properly cared for. you had better omit the smiles. Bi teeth are Inexcusable from any standpoint since we gul dentistry ana tne greatest sum Known i j c. w xiun 1 O OFFIC Washington, Cor. Seventh Free. Fee Reasonabl C A. M. to S P. M.; evenlnss. 7:30 to SI M. to 12 it Telephone North 2101. object the custody of penniless orphd and lncorrlglbles. They say If he cj tinues as their guardian they will compelled to explain the clrcumstan j attending it in after years, which will! ! nnnrlni. "vrr Rnrrtner was nnooinl -annoying. Mr. Gardner was appoln ! guardian of the Thompson children to cl ' for an estate left to them by their fati j and mother, and npt for other reasol John B. guardian. Coffey was formerly trj Court Xotes. Judce Sears will announce decisions day In the following cases: State of Cl gon ex rel. vs. F. D. Chamberlain et motion for an allowance of costs; BalfcJ Guthrie & Co', vs. North Pacific Lumj Company, motion to retax costs. J. L. Post, .who was convicted recerf of stealing various pieces of Jewelery the residence of Dr. Hamilton Meade, j Alblna. was sentenced to two years anj half In the penitentiary yesterday Judge" George. Post is a young man. his attorney, B. S. Pague, made a pj for leniency. TALKS ALL LANGUAGES Fred Hellmer Gives Demonstratl as Linguist at Police Station, j Fred Hellmer says that he can conve In every language, and the police half Inclined to believe his statement true. Now Hellmer Is not a student classics. He has no title to his naj He Is just a plain ordinary butcher works for I. Friedman at First and lumbla. He was drunk last night. that Is how he happened; to be telling troubles to the police. "Your name?" asked the captain. "M-m-m-m-ulligan." "Your first name?" "F-f-f-f-red." "What nationality?" "I speak a-all 1-1-1-anguages." "Do you speak Slwash?" asked Jailer, who thought he would knock statement In the head at the first blol Well, if there was anything he cd speak it was Slwash. He dldn t stammer over the words. "Tena3 kloctchman hlas close," he cj menced. and the good old Indian wc poured from his tongue In a perfect ley. He gesticulated wildly In empha of' wiiat he was saying and grew irj and more animated as he hurled fq the words of the red man of ye days. "He may be calling us everything the map," suggested the jailer. 'Klatawa slckum! roared the captl of which the first word means travel, the last the captain has forgotten, he made a motion toward the door. "Hlas cultus," said the prisoner, i disdain, as he was led to the cell; the officers did not care to test his kne edge of the languages any farther. LENTEN BIBLE SERVICE Interesting: Series of Meetings Grace M. E. Clmrch. An extremely Interesting series Lenten Bible services Is being held Grace Methodist Church. In the eves Rev. J. R. T. Lathrop. D. D., pastoi the church, conducts the meetings,! which there have been many access! to membership In the church. Dr. LI rop's subject last evening was "AtJ ment" Yesterday afternoon Miss Carries Holbrook. a graduate of Moody's scj of evangelism, and an experienced ch'J and Sunday school worker, began a sf of Bible talks to women. Miss brook's subject yesterday was Voice of Jesus," and was treated 1 reverent mariner, delighting the large; dience assembled to hear it This an noon Miss Holbrook's topic will be. Calleth Thee"; Thursday, "Profit Loss." and on Friday. "My Bible and! On Friday evening the service will elude one and two-minute talks by hi ness men on the benefit of religious I in business. ADMIRAL SCHLEY COMI Will Arrive' in Portland Monday a Day's Visit. Rear-Admiral Schley will spend Mori In Portland. P. S. Malcolm yesterday! celved a dispatch announcing the AdJ al's coming visit from Lieutenant-Coll W. F. Tucker, Chief Paymaster of j Department of the Columbia, who Is I at San Francisco. Admiral Schley I arrive Monday morning and will leave evening for Puget Sound en route Alaska. FAT BABIES Are Famous Sleepers. The saying: "Sleepy as a fat baby's presses a good deal, for fat babies j famous little fellows to sleep. Whd contrast Is their refreshing rest to I pitching and tossing of a sleepless col drinker. A good elder of Springfield. found a way to bring refreshing sled place ot insomnia. "Until three yi ago," he says, "for 15 years I troubled with a throbbing In my stoml was very nervous, kidneys out of o troubled with severe headaches j dreadful insomnia. "After trying all sorts of remedicj came to the conclusion that my trot were the result of drinking coffee, seeing an article In the paper about turn. I determined to try It So I coffee and took on Postum. It ad with me from the first cup. At fla drank It diluted, then pure. I relishes tpo, and to my great joy I was soon from stomach trouble) nervousness gone and head clear, and Instead of t wakeful Xor half the night I sleep a fat baby and get up in the mornln; freshed. This I own to having quit cl and taken to drinking Postum." 1 furnished by Postum Co., Battle Cl Mich. Nothing marvelous about It, but Is a reason. If healthy, sound slee worth anything to you, 'B.rop coffee give Postum a short trial say ten q That, will tell the tala