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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (April 16, 1903)
THE MORNING OREGON! A2f,. THJ7ESDAT, 'AJPmil 16, 1303., VALIDITY IN DOUBT Referendum Amendment Clashes With Constitution. 0 JUDGE SHERWOOD CONTENDS SSmlntmlnM Axsmment by Reference to j High Authority Cites Federal De cision Reference la Made to 2Usses-rl Lre-.clsla.tlom EAL.ETML Or- Anil JR. (Br-ecisLV-TSat the Initiative and referendum amendment to the Constitution Is In direct conflict with the Federal Constitution is a prop osition maintained by Judge Thomas A. Sherwood, who was for over 39 J ears a member of the Supreme Bench of tie Etate of Missouri. Judge snerwoou ui- cusses the question in an article In the last issue of the Central law Journal 'and bases his argument upon the amend- ments which have been adopted in Ore- rnn miA South Dakota, and proposed lor i adoDtloh in Missouri. Ills conclusion Is I that the Initiative and referendum amendment is in conflict with that pro vision of the Federal Constitution which guarantees each state a Republican form Af government. Th amendment proposed In Missouri is practically the same as that adopted in Orea-on. with the exception that the Mis souri amendment goes a little farther and provides that the courts shall not Impair or annul Dy tneir decisions of the force. Intent or purpose of an act initiated by or referred to the peo ple. As Judge Sherwood does not mike this feature of the amendment the ground nf Mm nhiertion. it is an Immaterial dif ference and his argument applies to all the initiative and referendum ameno- Tnent If Judre Sherwood's opinion may be given some weight, the Oregon amend. ment Is open to two possible objections to its validity that tne Oregon consu tutlon was violated beciuse the amend ment, was submitted to the people, while other amendments were pending, and the Federal Constitution was violated in pro viding for this state a form of govern ment not Republican. Judge Sherwood says, in part: "A Remibllcan form of government Is necessarily a representative government by delegation Instead of a pure Democ racy, where the people directly enict all laws and perform all other functions of government Legislative, executive and -iiiillMal without the Intervention of scents. Mr. Madison, in speaking of what and in what a republic consists. said: If we resort for a criterion to the different Tirindnln on which different forms of govern ment are established. e may define a republic to be a rorernment which derives ail lis powers directly or Indirectly from the great. I bodr of the people, and Is administered by per- eons holding omce during pleasure, tor a na iled period or during good behavior. Other authorities are cited and Bou- vler's ltw dictionary is cited as follows: "A form of government where the pow. ers of the sovereignty are delegated to a bodv of men elected from time to time. to exercise them for tne Deneni oi me whole Nation.' A Federal decision In the case of Minor vs. llappersetu H Wall. wz. is quotea as follows: "All the states had had gov ernments when the Constitution wa BUUIU, " . ... ... ....... , . some extent througn tneir representatives elected in the manner specially provided. These governments the Constitution did not change. They were accepted pre cisely as thev were, and it is, therefore. to be presumed that they were such as It was the duty of the states to pro vide. Thus we have unmistakable evi dence of what was a government. Repub lican in form, within the meaning of that term as employed in the constitution.' Judee Sherwood concludes that a state government, under tne initiative ana rei erendum. does not come up to the stand- ard of a Republican form of govern ment, as intended by the framers of the Federal Constitution. He men says, in answer to a sugKestlon thit has been made here in Oregon and probably in every other place where the amendment has been agitated: "Nor do I believe mat tne conclusion 1nst reached Is at all affected by rea son of the fact that tne amendment al lows the ceneril assembly to retain cer. tain shreds and patches of Legislative power, to pass certain perfunctory laws relating to appropriations, etc a hce lslatlve bodv so shorn of Its customary and constitutional functions cannot be longer regarded as the representatives of the rtcoDle. The Legislative power can not be halved, quartered or in any other manner subdivided. A representative Democracy cannot be crossed with an absolute Democracy, and still the hybrid resultant from such copulative conjunc tion prove to be and constitute a govern ment Republican in form. Judce Sherwood refers to that portion ot the amendment proposed in Missouri which forbids the courts to Impair by its decisions the force of an act voted upon by the people, but his main argument Is bared upon the broad proposition that the initiative and referendum deprives the state of representative form of gov ernment. Tne article nas excited con derable Interest around the capital. OriMON IX HAYES CASE. Supreme Conrt Denies Petition Writ of Mandamn. for SALEM. Or.. April 15. (Special.) The Supreme Court today rendered a decision denying- the petition for a writ of man damus in the case ot George W. Hayes. plaintiff, vs. M. D. Clifford. Circuit Judge In the Ninth Judicial District, defendant. The opinion was rendered by Chief Jus- tire Moore. This was not an appealed rase, but was a special proceeding Instituted In the Su preme Court on April 2, 1503. for the pur pose ot compelling Judge Clifford to settle and sign a bill of exceptions In the case In which Hayes was convicted of the crime of adultery. He was convicted on May 6, ISOt and presented his bill of ex ceptions on March IS. 1903. Judge Clif ford's defense to the mandamus proceed ing was that the exceptions were not re duced to writing during the trial, nor was any extension ot time sought by Hayes In which to present the bill of exceptions; that when the time for passing sentence arrived Hayes' attorneys 'stated in open court that they did not Intend to present a bill of exceptions or take an appeal, whereupon he was sentenced and impris oned in the penitentiary, from which place he was released after having served eight months of the one-year sentence: that the trial Judge never had an opportunity to compare the proposed till of exceptions with the transcript prepared by the offi cial stenographer, and was unable to say whither or not It was correct, and said Judgment having been satisfied, be had for these reasons declined to sign the bill of exceptions. " After citing numerous decisions of the Oregon Supreme Court, Justice Moore says: "These decisions show that, la the ab sence ot any statute to the contrary, a very liberal policy has been pursued by this court In construing the power of a Judge of the trial court to settle and sign a bill of exceptions, the rule adopted be ing that the matter wa within the Judge's discretion which, when exercised, -will not be disturbed, and that when the time limited by the Judge to prepare and pre sent the hill of exceptions nas expired he will not be compelled by mandamus to sign the same, unless the appellant's ap plication for an alternative writ presents a, reasonable excuse for. the failure to com ply -with the terms Imposed. No order having been made in that case, inlarpns the tune In wclcn to present the bill of exceptions, the allow ance thereof, after the close of the term at which the Judgment was clven. was a matter within Use Judge's discretion, ana a reasonable excuse having been given for not securing such extension, his re fusal to allow and settle toe bill is not. In our opinion, such an abuse of cUscre I tlon aa to warrant an exercise of the ex traordinary power Invoked." The opinion does not pass upon tne ernes- Hon whether the pardon of Hayes destroys his right of appeal MARIOX HOP CONTRACTS. Sixteen Genta la Samed In Papers Filed Teaterday. SALEM. Or April IS. (Spedsl.) Stxteen cents was the price quoted la three hop con tract! filed la the County Recorder's oOce berc today. This Is the highest record price on contracts this season. The contracts at this price were executed on March 16 and IT. They are as follows: T. B. Walker, of Cereals, to A. Magnus Boos Company, .of Chicago. 30,009 pounds, at 18c 3. R. Coleman, E- M. Coleman and J. E. Forrest of Salem, to Arthur J. Maa-aus, of Chicago, IS. 000 pounds, at 16c I A. Byrd and T. A. Dltmars. of Fairfield. to Xlf1l &?ns Company. 10,000 pounds, at 16c j. r. a. L. Vanderbeck; of Gerrals. to t. Rosenwald & Co., of New Tor. 10.000 pounds, at 15c This contract waa executed April 2. M. J. Kepplnger. of Oervals, to T. Rosenwald & Co. 20.000 pounds, at 15c This coatract was executed March -1. All the foregoing contraeta were through Catlln A Linn, of this city. "HEI" BROWN DID IT. With Him In the Box "Whitman Makes m. Great Finish. MORO, Or.. April 15. Special.) TYhlt man College won the baseball same over Jloro today toy a score of 11 to 10. At the middle of the third Inning the score stood 10 to 0, against Whitman. Dutcher was superseded In the box by "Hex" Brown. hitman a crack pitcher of three years ago. witn mm in tne box tne team ral lied and six runs were scored In the next two innings, one In the seventh and four in the ninth. The close was sensational. Bralnerd. center fielder, caught a dlf- ficult fly. rolled over on the ground with the ball and recovered in time to throw to McLean at second, putting out Ragan and Cartano. forced from first, waa caught on second. Whitman -won the game by magnificent stick work. Saunders and Shea, were the battery for Moro. A large crowd witnessed the game. The Whitman team .plays Wasco tomorrow and Friday. LEAGUE IX KLAXD'TOWSsT Walla Walla. Darton. Colfax Pendleton Join Hands. WALLA. WALLA. Wash.. Anrll IK. At 1 o'clock this morning the organization of tne inland Empire Baseball League was perfected, and the schedule of a-ames aaoptea. xne clues ot walla Walla, Day. ion ana (Joirax. in Washington, and Pendleton, Or., are represented by teams. jtoDerr Burns, or walla walla, was elected president: Robert D. Sayres. Day Lton. secretary: Leon Cohen. Pendleton. treasurer. A schedule of 68 games will be played, four each week, commencing April 30 and ending August 23. A salary umit oi .w per montn was decided upon. The league will be under the protection ot tne national organisation. Boy Stifled by Smoke. SALT LAKE. Utah. April IS. Fright ened at the flames which destroyed the lamuy residence tonight. Joseph Geoghan. Jr., the 4-year-old son of Joseph Geoghan, a prominent business man of this city. crawled behind a piano In an endeavor to protect.ulmseir. When his hiding place was found, the boy was dead from suf focation. At the time of the fire Mr. Geoghan waa entertaining at a down town club Hon. Joseph Devlin, M. P., ana colonel jonn F. Flnerty, the well- Known insb leader of Chicago. Admiral Stirling In Xe-nr Command, SEATTLE. April IS. Rear-Admlral Tates Stirling formally retired from the Puget Sound navy-yard today, being tem porarily succeeded as commandant by Cap tain oiecicer. u. t. .-v. Admiral Stirling proceeaea at once to the battleship Wis consin, which will be his flagship while ne is in command or the Philippine gun boat fleet. The Wisconsin sails in about two weeks. Trainer Ray Ready for Business. UNIVERSITY OF OREGON. Eugene. April 15. (Special.) W. M. Ray, who Is to train the 'varsity athletes this season. arrived this morning. Wheat at Tacoma. TACOMA. April 15. Wheat unchanged: blue- stem. 7 6c; club. 70c MURDERED BY MAFIA. Eight Italians Accused of Killing Man and Counterfeiting, NEW TORK. ApriT IS. Eight Italians, who. the police assert, are both members of the Mana and of a big counterfeiting gang, were arrested tonight by detectives of the Central Office staff in connection with the man whose unidentified body was founded crowded Into a barrel yesterday morning In Eleventh street. Inspector McClosky said that for months he had been working in conjunction with the United States secret service In keep ing the members of the gang under the strictest surveillance. Three of the secret service men declare that on -Monday night last they saw the murdered man In com pany with three of the prisoners. Late 'tonight detectives arrested an other Italian. Ignatz Lupo. who is be lieved to be the chief of the Mafia Society in this country. Lupo, when arrested, was in bed, and pretended to be 111. He was found to be armed with three heavy re volvers. The body was today Identified ss that ot a man named Quatrocchl. who had come from Barcelona, The Identification was made by -Gulseppi Bonjlorono. a Sicilian. While the police were trying to con firm Bonjlorono s identification, Quat rocchl. whom he supposed to be the murdered man. walked into the morgue. He was almost an exact counterpart of the murdered man. There Is a growing conviction that the man was a victim of a secret society composed ot foreigners of some unknown nationality and that the motive of the murder was revenge. Will Merge Lehigh Valley Lines. PHIUADELPHIA. April IS. Tne board ot directors ot the Lehigh Valley Railroad Company today authorized President Thomas to proceed at once with the con solidation ot the nine ltnes owned arid con trolled by the company In New Tork and New Jersey. This action la to be taken for the purpose ot concentration and econ omy In management and of obviating the necessity for separate boards of directors. One company In each state will manage tne lines to oe mergeo. An Epidemic of the Grip. "There has been a great epidemic of the grip in this vicinity for the past two months." says W. D. Wilcox, of Logan. N. T. "All of my customers that I could In duce to try Chamberlain's Cough Remedy were cured without the aid of a doctor; only two employed a doctor and they did not use this remedy. They could have saved money by using It." Money is not all that this remedy eaves. It saves health and sometimes life. Every cold or attack of the grip weakens the system, lowers the vitality and paves the way for more serious diseases. Make a friend of this remedy and It win save you health and wealth. For sale by as druggists. WAR ON THL UNIONS (Continued frost First Fags.) tag a lodgment, the antagonisms and the animosities will be softened. If not re moved. Mnat Work Togetber. "The worklngmaa has risen from ignor ance to intelligence, and as he has reached Intelligence he has become more or loss greater complication in Industrial af fairs. In his Ignorance he did not strike; In his Intelligence he does strike. The next step in the development ot his in telligence will be that he will not strike; that be will be able to accommodate him. self to conditions, because he will know ! them and understand them better. He will be able to recognize his rights in relation to the rights ot others and to know fully what is necessary for successful produc tion, where now he understands a part. This means, of course, the "organization. the continuance, the perfection of labor unions. "Some of the methods of the labor union are to be condemned. So are some ot the methods of the capitalistic organiza tion to be condemned, but because they cannot get on together it does not mean that cither or both should be destroyed. They must get on together. Thin Is the necessity of the time, and it is to the intelligence of the leaders of both inter ests that society at large looks for the Development of Industry on a basis of social progress. The great question for emnlovers and employes Is, Will they. In the conduct of their mutual affairs, excite the militant spirit, or Invoke that peaceful considera tion which leads to the adoption ot the hlgnest development ot business Inter ests T The much discussed resolution favoring united action on labor matters br all em ployers was next submitted and adopted alter a short debate. It provides: "That the president of the National As sociation ot Manufacturers appoint a committee of seven, who, with the presi dent and secretary, shall constitute a standing committee on the organization of employers. This committee, at the request of five members of this association, employers of kindred trades, shall call a meeting or employers of such trades for the purpose or rorming -an association, the general object of which will be to secure and ob serve equitable conditions In the work shops of the members, whereby the In terests of both employer and employe snail tie properly protected." Tne resolution adopted condemning 'excesses ' of unions follows: "Whereas, the lawless and vicious ele ment among the membership ot some la bor organizations seeks to control the Industries of our country by intimidation and violence directed against employers and employes, and also undertakes to co erce newspapers, political parties and ad minlstratire and Judicial authorities: "Resolved. That the National Associa tion of Manufacturers views with appre hension the unrestrained excesses of the radical unionists; that we warn the Na tion that, if these tendencies be allowed to go unchecked, a grave Industrial dis turbance will surely result, and that we call upon the good sense and courage of the American people to condemn In no uncertain terms this widespread attack on our political as well as our industrial rights." Jones Defends Unions. In an extended speech. Mayor Jones, of Toledo, O., protested against the exhibi tion of any bitterness toward labor. "I am for peace." he said; "and I think that this association will make a most serious and grave mistake If It does not deal with the labor question on humani tarian grounds. I urge my own employes to Join unions. I believe the labor union has been a great educator, and I ai opposed to any war on organized labor. Mr. Jones was Interrupted several times by attempts to' end the debate, but he held the floor until he finished his ar gument. The following' resolution was adopted: "Resolved. That the National Associa tion of Manufacturers ot the United States protests against further delay in elastic currency legislation, and favors legislation authorizing elasticity in our bank currency, with proper sareguaras for the benefit of our producers the la borer, the farmer and the manufacturer and for the general commerce of the peo ple." The report of the committee on legisla tion declared that the eight-hour bill was defeated through the efforts of the Na tional Association of Manufacturers, and that the new Department ot Commerce and Labor was the result ot the associa tion's effort. RED AND YELLOW RAIN. Strange Fall ot Dnet In the Xorth At lantic Ocean. A strance fall of red and yellow dust or fine sand In the eastern portion ot the North Atlantic Ocean last February. Is the subject of several reports received at toe naval hydrographlc omce. iae ausi xaii lasted from February 30 to February S3. Captain Herchman. of the British steam ship Monmouth, sent this account: "February a Off the Azores. This morning at daybreak the weather became hazy and dense more like a inicx tog. About breakfast we observed, every place covered with a very fine, reddish-brown dust. This hazy and dense, unpleasant weather continued all day and until the following morning. . quite obscuring the horizon and rendering It difficult to ob serve even the crest of waves beyond a few cables' lengths, and the sun appeared as viewed through the rea-ana-green (combined) shade glasses of the sextant. For several days previous to this experi ence hazy weather rendered the dally ob servations of the son very unsatisfactory and unreliable." Second Officer Kartlner. of the steam ship Sparta, reported that the dust was "very fine sand, of a bright, yellowish color, which turned into chocolate when mixed with water." The dust fall was observed by those on the steamehln Sparta when the vessel was 1030 miles from the coast of Africa. The steamships Dictator and Commonwealth were covered with very line red sand. The Portuguese weather observer at St, Mich aels, Azores, tells of the disappearance of the sun at 10:33 In the morning on Feb ruary JO, under a lllac-colored velL He describes this as due to "a tall of volcanic ashes, highly oxidized. In the shape of dust, yellow color. The weather observer at Horta, Azores, says that on February 3 the snow on the summit ot Pico, a mountain opposite the harbor of Fayal. had "a clear, yellowish appearance. In November, the V. S. S. Pensa- cola encountered "a thick, dry haze. SO and 100 miles off the African coast." This. the ship's commander reported, was "due to microscopic dust," Months after the great Borneo volcanic eruptions, a veil of fine dust extended for many hundred miles irom tne volcanoes, and it is said that the sun shone through at places thousands of miles away from Borneo. It. Is not believed, however, that the Martinique and St, Vincent eruptions of last Spring were responsible for the peculiar dust fall reported to the hydro- graphic omce. RIGGING THE RELIANCE. Stepping; ot Masts and Placing- ot Spare Brings Out Peculiarities. BRISTOL. R. L, April IS. With the mainmast and most of Its rigging In place and the bowsprit attached, the bow of the cup defender iteuance nas seitiea. and she floats now with the bow much lower than the at terpart. Even when the main boom Is on board and the boat at tains her designed balance. It Is thought that she will Mill be distinguished from the other 90-footers at a distance by dip forward. It seems certain that she has a lower freeboard than the Constlru. tlon by at least atx laches. The riggers are at work rigging up a double bobstay, which Is somewhat of an Innovation In cup defenders. An extra set of spars. In cluding the gaff, boom and mast, exact duplicates ot the ones now aboard, are being made tor the yacht. DAILY CITY STATISTICS. Contasrlovs, Diseases. Roscoe Ksex. 431 Belmont, meailea. Ethel Jones. iSO East Tenth, measles. George Henry. Oregon City, smallpox. Birth. April 11. to the wife of C K- Dawson, cjty, A boy. April lx. to the wife ot Karl Nelson. Hub bard, a girt. April 10. to the wife et Alexander Shep herd. 301 East Washington, a drL AprU . to the wife ot H. J. Miller". SI Sixth, a girl. utstas. April H, Adolph Hansen. North Fourth, aze 1 month. Inanition. April 14, Nick Pommerscbetn. Pacific Hotel. age 43. suicide. April 13, Gertrude Coetx. 106 Knott, age 16. pulmonary tuberculosis. Building Permits. G. M. BoutwelL Jordan and Oberlln, dwell ing. 3400. W. T. Campbell. Twenty-first and Tor. cot tiro. 3800. M. Tork. East Eighth and Sherman, bars. ISO. H. J. Morrison. Seventeenth and Hcyt. home. Z5OO0. Cement Sidewalk Permits. Contractor. Tenth and College, tS feet. H. L. Plttock. Tenth and Washington. 200 feet. J. 8. Johnstone. Second and Hooker. f feet. J. Laukln. Dupont and Larrabte. 112 feet. W. 11. Chrlsttan. East Third and Hancock. 100 feet. P. A. Palm. Dupont and Larrabee. S3 feet. A. O. Richardson. East Eighth and Sher man, 74 feet. Mrs. J. E. Hoffman. East Second and Was- co. 224 feet. Mrs. J. E. Hoffman. Eset First and Holla- day. 313 feet. Mrs. L. M. Donohoe. Benton and Cherry. T4 feet. W. H. Meade. East Second and Clackamas. 2Si feet. R. W; Dickey. Benton and Cherry, a feet. Real Estate Transfers. Title Guarantee Trust Company to Christ Jrenn tat 11. hlnek 3. North Irrtnzton .. 3T3 TBomas w. Jenkins and wife to Josepn uierBentitr- inr 7. hiwir H TMirf or lot S. block R Firat.Street Terraces tM Thomas Daritnr and wife to Anna E. Balnter. lot 8. block 18. Sonnyslde 1700 Tyler Woodward and wife to w. F. Web er, lot 1. block X. Wool wan. i subdi vision, lot 1. Riverside Homestead..... 600 Charles A. Sberbura and wife to Eliza J. Plummer. lot 3. 8. 10 feet of lot Z, block 1. Piedmont Park George H. Gray and wife to J. F. Simp son, parcel lano. sections zl 2. t. i S.. R. 2 E. 1S00 Henrr Witt and w!f a IT TTnrer. lot 10. black S, Madeline 400 lerwiuigrr Ltna tympany k u. io ure- gon s uwornta h. k. uo.. acres, being a strip 20 feet wide, commencing at toot of Jeffereon street; also parcel land In sections ft, 10, 15 and 18. T. 1 8.. R IE.: also parcel land, sections IS and II T. 1 B.. R 1 E. 220 William M. Ladd and wife to J. H. Set- tlemler. lot L except E. ma-feet: lot I. except IS feet of E. 33 1-2 feet ot block 223. East Portland '. 2230 Same to Mary C Settlemeler. K. 33 1-3 feet of lot 1. N. Is feet of E. XX 1.12 feet of lot 2. block 233. East Portland 710 William J. Hill tt it to C u Bartllng. ot , tloif. lot 7. block 1. Oak Knoll Annex Addl- 500 J. U Hartman et aL to E. C Hurlbert, lots a. 10, block 24. A. L. Miner's Ad dition James T. Burte haell and wife to Oeorge jacoDs. &. s ieet or lot 4. block ?9. Couch Addition 1 eh u. stone lo o. JL smltn. block L Madeline 123S Etta l stone, administratrix, to o. it. Smltn. block I. Madeline 240S u. u. smltn to oak park Land Com- nanr. lota 1 to 18. block l. Ua.iln Kflna remand Trust company to E. B. Holmes. lot zl Block 14. Williams Avenue Addi tion am M. a. Tnompeon- and wire to Kate Toff. lot s. mock 1. Wllllams-Avenne Addition 4m c senerer to Aicur)c r. 23 feet of lot 2. bloelr 7a Stephens Addition tm L. a. MUiary to T. A. Evans, lot IS. block 29. and N. II feet of lot 17. hlork 20, 8nnnyslde 750 MlnlnR Stacks. BAN FRANCISCO. April 15. The official ekMlsc quotations for mining stocks todsy were- as follows Alta X0 071 Mexican tl IS Andes lv Occidental Con.... 44 Belcner .- 3 onpir I 70 Best A. Belcher. 1 70t Overman 62 I Caledonia .. . 2 CO Potest .... 27 CbalL Con. . 07 1 33 Savage Seg. Belcher .... sierra Nevada .. Chollar Confidence ...... C C. & V Crown Point ... Gould Jt Carrie .. Hale Jt Norcross. Justice 1 aOiSIlver Hill Union Con. 1 03 L'tan Con. ....... 33 Tellow Jacket ... 34 SEW TORK, April 13. Closing quotations: Adams Con. to 30'UtUe Chief ....to 08 Alice 24 Ontario 3 SS Dreece SO Orbtr 1 no I Brunswick Con... Oil Phoenix uj I imvm lock Tunnel (Hi poti-sl 21 1 li c a v I 43 severe Horn silver ..... 1 ZS'Slerra Nevada .. DO I Iron silver ..... 1 .3 small nones 20 Lesdvtlle Con. .. - 028tanrard 3 a I BOSTON. April 15. Closing quotations: Adventure S 9 TSIOsceola $63 00 1 Allows s S Parrot n to I Amalgamated .. 63 87 Qulncy :114 00 I Dair West ..... 4Z to Bent re Conner 2 12 1 Bingham ....... SB SOt Tamarack 140 OO I CaL & Hee. SS0 00 Trl mountain .... 88 001 Centennial 22 75! Trinity Seoi United States ... 24 00 Copper nance .. 53 87 Dominion coal .too w. Utah SS 23 I Victoria 5 13 I Winona 0 87 I Franklin 10 50 Isle Rorale .... 11 00 Mohawk 49 SO wolverine 70 i ;3 Old Dominion... 17 5o! United Copper .. SO Nothing but the best tobacco Goes Into Opla Be cigars; It's a new shape. King of all Bottled Beers." Brewed from Bohemian Hops. Order from Fkckenstem-Mayer Co. AcKiblm Hats NONE BETTER MADE Stt YOUR HATTER ABC I SOKHAN I FOOLED TWO FOOTPADS HADE THEM DROP 91400 PLUNDER AND RUN. Fred Metsger Saves His Property at Gresham Fight 'With n Win chester svnd Revolvers. - Two masked highwaymen who tried to hold up Fred Metigrr's saloon at Gresham last night about i o'clock and temporari ly stole II W0 in money and checks, were forced to relinquish tneir piuncer in tne s-unslay that followed between both parties, and were afterward compelled to nee for tneir lives, pursued oy outlets pumped after them from a Winchester repeating rifle In the hands ot the plucky saloonkeeper. For some time past Metxger nas Deen In .the habit of keeping a large sum of money Inr his place ot business. Instead of taking It to a bank for safe keeping. So, to fortify himself from a sudden visit from any footpad who might take a fancy to visit the place, "Metzger bought a Winchester and a revolver; and kept them- loaded behind his bar. Last night Metzger found that he had received a larger sum than usual In settlement ot a number of collections, the total sum at his command In the. cash register, count ing checks and'raoney. footing up to Jitoo. Suddenly two strange-looking men walked In. and Metzger looked scared when he observed that they both wore masks; and that one man carried a revolver. They looked- to be about S years old. and wore black clothes and brown hats, one Derby snd the other a slouch hat. What will It be, gentlemen?" asked Metzger In his most polite tone. Hands up. or 111 nre." growled one stranger, in a muffled sort of voice, as if wishing to conceal his identity, and he leveled his revolver at Metzgers heaa. Metzger's hands went upward of their own accord. The other robber quickly ran behind the counter, rang 4-U-H " on the cash register, scooped In all the money and checks Into a small canvas bag. and was -walking with his booty toward the door when Metzger suddenly grew furi ous at the Idea of losing so much ot his hard-earned money. Fearless of the other robber's gun, he snatched his own revolver snd sent two bullets whizzing danger ously near the marauders. Surprised at the unlooked-for attack. the. robber who was carrying the sack dropped It on the floor, and a portion .of the money rolled out. Bang I said Metzger's revolver. "Don't touch that money." yelled Metzger. The armed robber backed toward the door, and he and Metzger exchanged shots, but they both dodged and fought Boer fashion, nobody was hit. Once his foes were outside. Metxger plsced the money and checks Into one ot his pockets and went for his Winchester. He saw the footpads running toward this city, and be khelt In the road and deliberately took aim and sent shot after shot at them. Other citizens came up. and they too joined In the shooting, but It is not thought that either roDDer was rut Metzger Is the hero of Gresham this morning. He was warmly congratulated on his etout resistance. He said: "Well. I'm glad I saved my money, anyway." Gresham Is not within the limits ot the City of Portland, but the police of this j I city are working on the case. MEN DR. TALCOTT & CO. Tou run no risk when you come to us. tVe cure and wait for our fee uhUl you are. convinced beyond the shadow of a doubt that you are well cured to stay cured. WliAlvXKSS." Affections of men commonly described aa "Weakness." according to our observa tions, are not sucn. but depend upon renex disturbances, and are almost Invariably Induced or maintained by appreciable dam age to the Prostate Gland. As this may not be percelTed by the patient. It Is very frequently overionsea nj we pnrsici&n. CONTRACTED DISORDERS. Every case ot contracted disorders we treat Is thoroughly cured. Our patients hare no relapses. nen we pronounce a mv enred there is cot a particle of Infec tion or inflammation remaining, and mere la not the sllzhtest dancer that the dis ease will return to Its original form or work Its way Into the general system. No contracted disorder Is so trivial aa to war rant uncertain metnoas in treatment, ana we respectfully solicit those cases that other doctors nave been unable to cure. We Alao Cure Varicocele, Hydro cele, Stricture, i-iiea, Etc. rniVACT Oar Institution occupies the entire floor, and our-offlce are especially arranged for tne privacy and convenience of our clients. COLORED CHART FREE. HOME Cl'RES, If you cannot call, write for our colored chart of the male anatomy, details ot our . successrai Home crstem. etc 250K ALDER STREET San Kranclsco Onlce, 1140 MARKET STREET I EMBLEM OF PURITY 1 I Served at all first-class bars fl D TUT A RZ3 TOP IB HIGH-BALL. II B adv;o corrpoK. we is- sue a modern up-to-date book m on mixed drinks. 100 pages. 130 reeipee bound In cloth. M m Of value to all wbo enter- tain. Sent postpaid on re- m H Coupcnf 10 reIit" Dtl li ruwuii wtiTHmn t tm B n lltjs, Es.. CtttltuU, 0., LsutnWt.Ij. UT ON HEM Mrs. EsjtlestoH Feared Her Seas ob Woald Gire Way. Solicitude at Her Neighbors Resulted In the Relief of the Unfortunate Woman. Mrs. Exttleaton Interviewed. "There seemed to be a heavy weight crushing down on the top of my head.' said Mrs. Kate Essleston. ot No. 115 Ohio street, Indianapolis. Ind., "and for days and days at a time I was obliged to stay in bed. Every attack 'of this trouble would leave me weak and worn out. So many excellent doctors treated me without success that I Just resigned myself to my fate I lost hope. There were many times when I feared my reason would give way. "A nervous affliction developed which affected my muscles, and at times X could not control them. I could not sleep soundly, I lost flesh and appetite and was miserable. "A neighbor called one day and told me of some of the cures that had been made by Dr. Williams Pink Pills for Pale People, and I promised her to try them. Relief came with the first box, and I improved steadily until, by the -time four boxes were taken. I was per fectly cured, and I have had no return of the trouble since." The pills which cured Mrs. Eggleston are not a patent medicine, but a pre scription used for many years by an eminent practitioner, who produced the most wonderful results with them, cur ing; all kinds of weakness arising from a watery condition of the blood or shattered nerves, two fruitful causes of almost every 111 to which flesh Is heir. Acting directly on the blood and nerves, these pills have proved a boon to women, invigorating the body and regulating the functions of the ex hausted patient. Dr. Williams' Pink Pills for Pale People have been proven to be a certain remedy for such diseases as locomotor : ataxia, partial paralysis. St. Vitus dance, sciatica, neuralgia, rheumatism. nervous headache, the after-effects of the grip, palpitation of the heart, pale and sallow complexions and all forms of weakness, either in male or female. Dr. Williams' Pink Pills for Pale Peo ple are sold by all dealers, or will be sent postpaid on receipt of price, fifty cents a box; six boxes for two dollars and a half, by addressing Dr. Williams Medicine Co., Schenectady. N. x. lxok for the full name on every package you buy. Dr. Van Dyke's A POSITIVE CURE FOR INDIGESTION Ijspepsla, Snr Stoiacb, Weak Stcaacli, etc. It Is prepared from rare Holland herbs, and contains as Jttmlcals it any kind. Has been kntnrs and used In Holland for an hundred rears or more. A half wineglass if Bluets taken before Deals stlnmlstes the appetite snd promotes dlreitSon. Be sure and ask for VAN DYKE, md accept no sutsutute. AT ALL yiSST CLASS FLACKS TiCKHSTEIN-HAYER CO. - Dlstrftstsrs- PORTLAND, OREGON 1. SXcln. of Beantr ! a Joy Forever. rr. T. Felix Couraud'i Oriental J Cream, or aagicai tseantmer Rem ore Taa. rlmplts. Freckle- ItrwH Fafrhs-- &Ah- U(l Skin dlaW cues, aataevcry ov kit oa beevutyged dt fiei detection. It b& stood the test cf 53 Tears, tad Is so btns, lest w- ttste It to tw gore It Is properly sauO. ACCept I UlitftflllBill Dr. L. A. Syre said to aladf of that hutt-toa (spatlenn? "As jo ladies wlli bs then. I lrcemmend 'Cow- sad s t-ream " leastharBfulefaUtlie Skis tTaratim. Fersale rrf all Drar hnaadFaftcv alef Is tSe Oe tier Is tie U. S, CaaaUs.aa4 Europe. rERD.T.HOPKrSS.Prop.37CreatJonesSL,N.Y. sir Otn eeB.eolst.Beei irsmedj lor Gonorrhoea, OlMt,Ssrmet err hots. Whites, unnatural die- ' charges, or any Infieamar 1 wucia. tlon of mucous' mtsf ilTK!EtUlCwntcU.CO. branw. Kon-sstrlngent Lmiun.0.l I Seld by BrugKlats, or Mat In plain vrancr. by express, prepaid, fat 11.00. er 3 bottles. P.73. uraur sea-ea mast TEETH EXTRACTLD AND CMT.I.ETrt ABSOLUTELY WITHOUT PAIN by our late scientific meinoa applied to tne rum. no aieen-nroaucmr aitents or cocaine. These are the only dental parlors la Portland bavins PATENTED APPLI ANCES and ingredients to extract, nil and apply cold crowns and porcelain crowns undetectable irom natural teetn, and warranted for ten years. WITHOUT THE USAST PAIN. All work done by GRADUATED DENTISTS of from 13 to A years' experience, and each department In charge of a specialist. Give us a call, and you will find us to do exactly as ws ad vertise. We will tell yoa tn advance ex actly wear, your wore: siu cusi uy a FREE ttXAULNATIUr. H0 PLATE5 Set of Teeth $5.00 Gold Filling $1.00 Gold Crown $5.00 Silver Filling $ JO ti our Got-o CROWNS and'HKllXir; WORK, of wnlch we are making a SPE CIALTT. tie most BEAUTIFUL, PAIN LESS AND DURABLE of all dental work known to the profession, you will find an example ot the HIGHEST ARTISTIC AT TAINMENT, the adaptability of which to the HTGTENIC conditions of the mouth Is unquestioned. New York Dental Parlors UAIN OFFICE FOURTH AND 3IORRI SON STS.. PORTLAND. Branch. CM First Avenue, Seattle. HOURS: 130 A. 1L to I P. AX.; Sundays. 1:30 A. M. to 2 P. AL Dr. Rede-ay s Fine, purely vegetable, mild and re- lanie, regulate ue liver and wnoie oifuuvt orsaa rr OS' UttHra. I f J OsarssMa t.wjr Cs9 THE PALATIAL BIN BUILUINO Not a dmrlc office tn the bnlldlnci absolutely fireproof electrlo UKetsy nnd artesian vrnter; perfect sanita tion and. thorough ventllatlei ele vators rnn day and night. Rooms. ANDERSON. OtJSTAV. AUomey-at-Iw.. SIX- ASSOCIATED PRES3; E. L Powell. JIrr. AUSTEN. F. C. Manager tor Oregon and Washington Bankcra Life Association of Des Moines. la 802-903 BAAR. DR. OTJSTAV. Phya. and E org. .807-308 BANKERS' LITE ASSOCIATION OF DE3 MOINES, IA-; F. a Austen. Mgr 502-603 BENJAMIN. R. W.. Dentist sl BERNARD, Q.. Cashier Co-Operatlve Msr. cantlle Co 313-Ju BINSWANQER. OTTO cU Physician and Surgeon 40T-40B BROCK. WILBUR F-. Circulator Otego- nlaa -out BROWN, MYRA. M. D 311-31 BRUERE. DR. O. E.. Phya 4U-12-13-il4 CAMPBELL, WM. Mt. Medical Referee Equitable Life iOO CANNING, M. J 00201 CARD WELL. DR. J. B.. Dentist.. 604 CAUKIN. Q. E., District Agent Travelers Insurance Company ..13 CHICAGO ARTIFICIAL LIMB CO.: W. T. Dlakson. Manager ...set CHURCH TT.T.. MRS. E, 3 ...Tlt-HT COFFEY. DR. R. C Surgeon.. ..!... 40J-0r COGHLAN. DR. J. N 113-71 COLUMBIA TELEPHONE COMPANY..... 6006-0-13-ol-ol4 CO-OPERATIVE MERCANTILE CO.: J. F. Olsen. Gen. Msr.: a. Bernard. Caahter21z-lS CORNELIUS. C W.. Phya. and Burgeon.SM COLLIER, P. r.. Publisher: S. P. McOulre. Manager -. .-.19 CROW. C P.. limber and Mines -SU DAY. J. Q. a L N 13 DICKSON. DR. J. F.. Physician T13-1H EDITORIAL ROOMS ... ...Eighth Floor EVENING TELEGRAM SS Alder Street EQUITABLE LIFE ASSURANCE SO CIETY; L. Bamusl. Mgr.; G. 8. Smith. Cashier .....OWS FENTON. 3. LX. Physician and Burc-SCO-SlO FENTON. DR. HICKS a.. Eye and. Ear.. 1 FENTON. MATTHEW F-. Dentist.... SC3 GALVANL W. IL. Engineer and Draughts- tnstl ...m.h. ...... .......... ........ fl0O GEARY. DR. E. P.. Phys. and Surgeon. ...-KM OIESY. A. J-. Physician and Sargecn.70-Ilu GILBERT. DR. J, ALLEN, Ph,ilclan...01-t03 GOLDMAN, WILLIAM. Manager Manhat tan Life Ins. Co. ot New York U9-3I0 GRANT. FRANK S.. Attorney-et-Law HIT ORISWOLD FHEGLEY. Tailors Hi Sixth Street HAMMAM BATHS. Turkish and Russian-. 300-a01J03 HAMMOND. A. B 31U HOLLISTER. DR. a CL. Pbroiclea and Surgeon ....S0t-3SS IDLE, MAN. C M.. Attorney-at-Law..tls.lT-ts JEFFREYS. 8. T Attorney-at-Law.....,.31S JEFFREYS. DR. AN NICE F.. Phys. and Surgeon. Women and Children only JOHNSON, W. C .....S1S-31S-31T KADY. MARK Supervisor ot Agents. Mutual Reserve Life Ins. Co..............6C3 LANE. E. L, Dentist 313-31 LAWBAUGH, EL A... S04-8S LITTLEFIELD. H. R.. Phys. and Surgeon.. 103 MACKAY. DR. A. E.. Phys. and Surg.. 711-713 MANHATTAN LIFE INSURANCE CO. OF NEW YORK: W. Goldman. Mgr. 209-210 MARSH. DR. R. J.. Phys. and Surg....0-Wo -McCOY NEWTON, Attorney-at-Law 7tSr Mcelroy, dr. j. a.. Phys. & sur.7oi-7osJ03 McFADEN. MISS IDA E, Stenographer. 2ul McGINN. HENRY E.. Attorney-at-Law.311-U McGUIRE. 8. P, Manager P. F. Collier, Publisher ......415 McKENZIE. DR. P.- L.. Phys, and 3urg.5I2-Il METT. HENRY ..21S MILLER. DR. HERBERT C Dentist and Oral Surgeon OOa-608 MOSSMAN. DR. E. P.. Dentist 5t3-SU MUTUAL RESERVE LIFE INS. CO.; Maik T. Kadr. Supervisor ot Agenta.B04-6S-NICHOLAS. HORACE B.. Attomey-at-Law.7fd NILES. M.. M-. Cashier Manhattan Life Insurance Company ot New X uric........ SOS ( NOTTAGE. DR. G. H-. Dentist SCO OLSEN. J. F.. General Manager Co-Opera- tlve Mercantile Co. .112-213 OREGON CAMERA CLUB.....2H-2U-21S-21T OREGON INFIRMARY OF OSTEOPATHY CS-U3 OREOONIAN BARBER SHOP; MARSCH & GEORGE. Proprietors. ...129 Sixth Street OREGONIAN EDUCATIONAL BUREAU: J. F. Strauhal. Manager 2B0 PACIFIC MERCANTILE CO.: F. M. Schwartz, Agent 111 PAUUE. B. 8.. Attorney-at-Law ,....818 PORTLAND EYE AND EAR INFIRMARY Ground Floor. 133 Stxlh Street QUIMBY. L. P. W.. Game and Forestry Warden - . ........a REED. C J.. Executive special Agent Manhattan Lite Ins. Co. ot New xork....3sa- REED. WALTER, optician... 133 sixth street -KICKENBACH. Dr. J. F Eye. Ear. Nose and Throat .,..,.. ..ol-TOx ROSENDALE. O. M, Metallurgist and Mining Engineer ' - ..IS- RYAN. J. B-. Attorney-at-Law ..SIS SAMUEL. L., Manager Equitable Llfe.....30S SHERWOOD. J. W.. State Commander K. C. T. M. ...JIT SMITH. DR. L. B.. Osteopath 409-tlD SMITH. GEORGE a. Cashier Equitable Life ... - .306 BTOLTE. DR. CHAS. Dentist ?Ot-70fi SURGEON OF THE 8. P. BY. AND N. P. TERMINAL CO. -.70S SUPERINTENDENTS OFFICE Jel THRALL. S. A.. President Oregon Camera dub ....i. 21 TUCKER. DR. GEO. F.. Dentist. S10-6U V ESTER. A-. Special Agent Manhattan Ufe . ..h20S WILEY. DR. JAMES O. C, Phya. & Sur.70S-B WILSON. DR. EDWARD N.. Physician and Surgeon ...3Oi-30g WILSON. DR. GEO. F.. Phys. & Surg.70S.7oT WILSON, DR. HOLT C. Phys. A Surr.SuT'-SOS WILLAMETTE iic V.U tli WOLF-MORSE CO. 403 WOOD. DR. W. L. Physician. .411-412-413-414 Offices mar be had by applying; to the. superintendent ot the building, room SOlt second floor. MENES?E THE MODERN APPLIANCE A . rostttr,, wirto perfect manhood. The VACUUM TREATMENT cure you without medielae ot ill nervous or dlseasea of the xeacrattve er eana. such a test manhood, exhaustive dralasr tor circular. Correspondence confidential. THE- HEALTH APPLIANCE CO, roomt 5 sU. Desestt building. Seattle. Wash, m 102.0