THE MORNING OREGONIAN, THURSDAY, MARCH 22, 1906. It ONLY WAYTB OUST BRUIN IS LI SUIT City Attorney McNary Says Quo Warranto Proceedings May Be Brought. NO PENALTY IN CHARTER Taxpayer or Anyone of Two Men Who Passed Examination for Po lice Captain May Bring Law - , to Bear on Ineligible . GIST OF OriNION IN BRUIN CAPK. CHy Attrn I- -. McNary ha flW hi opinion relative to the ap pointment of Patrick Bruin, fulfilling thn nnurl of the Council. Bruin Is nnwrt as a captain of police, which pfwtttnn hr now occupier. The quos tlwi was whether or not he wn tepslly entitled t the place, and hether or not he was a citizen of the TnltCfi State. The fpeclal Council committee, niter taklnsr much testimony, found that Tlruln was not a resident of Portland for the period required by the charter, and that he wa? not a Htlzon of the United States at the time he took the examination or prior thereto, as required by the charter. That the Civil Service l'ommlw4on e' violated articles of the charter In their mode of examination was also found. Otty Attorney McNary says that quo warranto proceeding may be filed to oust Bruin, hut action must be taken br one who passed wjth Bruin for the captaincy, or by a taxpayer. K. A. Stover and John A. Lpo' piued with Bruin. Plover Is now gaptain f the first relief and lee Ik Im Ixmlners for himself, t-o It Is up t Fomr taxpayor to step in if Bruin U to be ousted. Mr. McNary is awaiting further or der from the Council. City Attorney McNary last night sub mitted the following opinion to the Coun cil relative to the report of the special committee which Investigated the appoint ment of Tatrick Bruin as a captain of po lice by the Civil Service Commission, and which had been made to the main body at Its session of February 7: To the Council of the City of Irtlanl: At Mj meeting of the Council of the City of Port land on February 7. J TOG. the reiwrt of tho eeetAl committee, to investigate certain pro e4ir8 and rulings of the Civil Service, 'mnhston relative to the eligibility and ap pMlnimeiu of Patrick Bruin to a position In the pelkic department of tho clU' wax read and adopted, which report contained certain flfidHtge of violation by said commission of Vth the spirit and the letter of the charter in the conduct of the comietItlve examination Tor 4d In the appointment of said Brtiln to a place In the police, department. ny the adoption of Ud report. I am direct ed to advlfle the Council as to what rem edy is appropriate and available for tho vio lation of the charter found to have been com mitted by the Civil Service Commission as .shown by the findings of raid committee, the pertinent and essential parts of which find ings arc in brief a follows: Itccitcs Committee's Findings. Patriok Bruin came to the City of Port land In tho month of December. 1808, and re mained therein until the month of August, IMtO. when he went to Grand Rapids. Mich., whore he enlisted in a regiment of United States Volunteers, and In November of the fume year accompanied said regiment to the Philippine Jfiland, and there remained con tinuously until the month of .Tune. 1IK3, n jMirt qf said time in the United States Volun teer Service, port of the time as member of the police department of the City of Manila, and the remainder thereof as an officer of na tive troops in the Philippine Constabulary. In sold month of June. 1005, he left the Philippine Islands on a five months furlough, and arrived- in the City of Portland July "IS. lsCI. continuing to draw his salary from tlte United States Government until Novem hei. i. 3905. Between the month of August, If'Mi. and the month of October. 3005. he was engaged In detective and secret service work f'-r the Mayor of the City of Portland, and uhllp so drawing a salary m an officer of the Philippine Constabulary. That In the month of December. 1803, at I'hlrago. III., ho made a declaration of Inten tion to become a citizen of the United States, but did not apply for nor was he granted pa pers of citizenship until October 24. ll05, on which date the competitive examination was held In which he participated as an applicant for appointment to a place In the police de jwrtment In the City of Portland. Not Qualified by His Residence. That he had not resided In the City of Port land for three years next preceding his ap pointment in conformity with section 29 of the charter. That he was not a registered voter of the City of Portland at the time of his appoint ment in conformity with section 128 of the harter. That the examination conducted by the Civil Service Commission In which he participated. was not an open, competitive examination in conformity with section 30l of the charter. That !ald examination was not conducted under rule providing for promotions in the classified civil service on the" basis of ascer tained, merit and seniority in service, in con formity with section 5J16 and other sections of article ft of the charter. That the want of eligibility on the part of llruln was known to the Civil Service Com mission at the time of the examination In which he participated: That he was not qualified to-partlclpato In an examination which wao and should, have been he3d for persons who were already in the classified civil service; that the rules of the Civil Service Commission were changed ior the purpose of making Bruin a qualified applicant and that he was recommended for appointment by the Commission over other persons who successfully passed the examina tion for appointment to the position of Cap tain of Police, and who were both legally and In fact qualified for such appointment. Can JTlnd Xo Penalty. In compliance with tho request of the Coun cil, I have to Inform you that I have carefully examined all the provisions of the charter -of the City of Portland- bearing upon the ques tion referred to In the report of the special committee, and tho duties and requirements of the Civil Sen-ice Commission, out havo been unable to find any penalty prescribed for violation of the charter provisions relative to the examination and certifying of applicants for positions in the classified civil service by raid commission. The "remedy appropriate and available to se cure the removal of a person appointed to the classified civil service who Is not eligible tin der the provisions of the charter would be & quo warranto proceedings, in which proceed ing either a person successfully passing the examination for the position held by the In eligible appointee, or a citizen and taxpayer of the City of Portland, may be the relator. Awaiting your further direction, I am, re spectfully. Tj. A. "M'NART. City Attorney. "Is . there any statement you wish to make 'regarding City Atorney McNary opinion, as delivered to the Council?" was asked of Captain Bruin last night. "Not a thins," replied Captain Bruin. Patrolman Oscar F. Isakson has a suit pending In the Circuit Court to oust Cap tain Bruin. A great deal of Interest is taken In the case by policemen, hut Bruin seems not to be very badly frightened. At the time of the investigation by the special Council committee, evidence ad duced from many witnesses showed strongly that Mayor Lane, the Civil Serv ice Commissioners and others twisted tho charter all out of shape and wiped out all of the old rules for the benefit of Bruin. ACTORS 0R PREACHERS Prison Canvass Being Made to Show Up Both Professions. Cleveland Corr. New York World. A poll has been made of the stato prisons of the United States to determine whether they contain more actors than clergymen, or The reverse. The result is as yet not definite, alnce there is some un certainty concerning the right of some of the incarcerated persons to be' regarded either as of the stage or of the pulpit. Upon the -face of the returns, Henry E. DIxey will, apparently, not be compolled to pay tho $1000 he has promisod to give to charity if it were proved that there were more actors than clergymen In prison. Nevertheless, the polls indicate that ho will have to make good the $1V) lie pledged himself to pay If there could be found any state prison that did not liavo at least on minister in custody. Mr. DIxey was moved to nwke this novel offer by Indignation on account of the action of the Pittsburg V. M. I. A- in Icciining to receive an actor Into its mem bership merely -upon the ground tlwt he was an actor. The comedian, in offering to give hJs money away, defended his pro; feseloii. calling attention to tho manner In which the stage lightens the cares of life, educates the public. Is always flrst In charity; -to the high character and repute of so many of the stage folk, and to tho fact that actor Ik no synonym for sinner. He compared the laughter-making mis sion of the actor with what ho termed the "gloomy- aspect of Hie man of the pulpit, declaring tlwt as a bonencont mis rtonary to mankind the stage was at least as valuable as the church. Mr. DIxey tlectarod that the action of the Pittsburg Y. M. C. A. Wk one of big otry. Jl ascribed th- Mgotry extetlncr among clergymen to their Ignorance of life of nioii and things which leave them uiHiualiflfHl to Judge eWrly and without prejudice. The actor, on the con trary, lived in the world, and was con stantly holding tho' mirror up to htmian nature, teaching groat trutlm and correct ing evils. Aside from conshlermg men as to whose antecedents there Is doubt, the poll of the prisons stand as follows: Arkansas Four clergymen: no actors. Arizona Two cl'-rgymeti o actors. Connecticut One clergymen: no actors. Colorado No clergymon or actors. Delaware No one of either. Florida Ms ny colored preachers; no ac tors. Gcorgia-tSeven negro preachers: no ac tors. Idaho No clergymen or actors. Indiana Neither actor nor clergyman. Iowa Three actors; no clergymen. Kansas One negro preacher; no actors. Kentucky Three ministers; one actor. Louisiana None of either. Maine Neither clcrsymtut nr actor. Maryland No clergyman; one actor, a minstrel. Massachusetts Neither profession rep resented. Michigan Ose actor: one clergyman. Minnesota Three actr; ono clergy man. Missouri One actress; no clergymen. Montana One clergyman. Nebraska Two clergymen expected: no actors. New Jersey Four ministers; no actors. Now Hampshire Kntlrely out of both. New Mexico. North Carolina. North Da kota. Oklahoma, Oregon. Pennsylvania. South Dakota None of either. Ithode Island One clergyman; no ac tors. South Carolina No actors; no while ministers. Tennessee Four clergyman; no setors. Texas Nine clergymen: six actons. Utah Never had one of oithor profes sion. Vermont Four actors; one clergyman. Virginia One preacher (dark); so ac tors. Wisconsin None. Wyoming No preachers; once had an actor. AGAINST LIQUOR LICENSES 32x-Mnvor C. A. Cook. Heads "Dry' Ticket in St. .Johns. the "The Taxpayers' Progressive ticket' nnido its appearance yesterday In St. Johns, and wag placed on file with the Acting Recorder. It is as follows: Mayor C. A. Cook; Recorder. W. L. Churchill: Treasurer. C. W. Portor;- Councilmcn-at- large, H. W. BrJce, R. C. Clark B. D. Hurlburt; Finn Ward, O. E. Learned. J, H. Black: Second Ward, L. Badger. E. C. Thourston. This Is the temperance ticket. Mr. Cook was St. John's first Mayor, and stands squarely for a "dry" town, and the clos ing up of the present saloon. An effort was made to eliminate the liquor Issue and make the water and improvement questions prominent, but this now l all off and there will now be a straight fight on the "wet" and "dry" Issue. The ticket headed by F. W. Valentine stands for issuing liquor license. Whether there will still be a third ticket remains to be seen. Only H. W. Brlce. of the present city government, is represented on the "drv" ticket. If a third ticket is nominated It may result in splitting the opposition to the Valentine faction and result In elect ing the latter ticket. Ex-Mayor Cook Is considered a vers- strong man with the conservative and church element of St Johns, and the race between him and Valentine will be close, if there Is not a third ticket. .INJURED IN A RUNAWAY P. C. Schwartzinan ,1s Struck by Shafts of Demolished Buggy. P. C. Schwartemann. team trackman for the Q. R.-& N.. was badly Injured at secona ana uurnsiae streets aast night bv a runaway horse, which had been left untied at Union avenue and Burnslde street. The horse smashed the buggy to which he was attached to smithereens. and crossed the Burnslde-street bridge dangling a pair oi siiafts behind him Schwartzman, who was . riding a bicycle near where the accident occurred, -was struck bytne trailing snarts ana knocked to the street. He sustained severe cuts about the head and his shoulder was dis located. He was "removed to St. Vin cent's Hospital In the patrol wagon. Sam Nelson, a laborer, while working In an excavation yesterday afternoon, fell. breaking bones in his left foot near the ankle. Ho was removed to St. Vincent's Hospital, where the Injured member was set. Will Settle Up Old Estate. "W. Hosea Wood was appointed in the County Court yesterday administrator of the estate of Adam Redpath. who died In Cowlitz County. Washington. - The deceased willed all of his prop erty to his son, Robert Redpath. The estate In Multnomah County is valued at J15G0. The heirs at law, besides the son arc Nathaniel J. Redpath. a grandson residing at oiympia. and Mary E. Hob crts, a granddaughter. SHEETS ARE LEFT IH WRETCHED SHAPE Gas Company Puts Down Its Mains, but Cares Lit tle for Pavements. BROOKLYN ILLUSTRATIONS High Ridges Leave East Ninth Street in an Unsightly Condition and Prevent "Water From Reaching Curb. Ex-City Engineer W. B. Chase said on the wlimsM-stand at the gas Investigation Tacsdar that while in offlce he bad no trouble with the Portland Gas Company, leaving the impression that "whon it tore up streets to lay mains It restored them to as good a condition as tlwy were oe- fore work was started. If this were true while Mr. Chase was In office. it is also rue that the gas company has ceased to make a pretence to restore a street where It lays mains of any dimensions. There is unmistakable evidence of Its destructive work In many places. Newly Improved streets have been torn up and damaged to the amount of many thousands of dollars. An example of the character of the work' the gas- company is doing may bo CAPTAIN OI .TRAIN THAT CROSSED THE TLAINS. i The lute William Cornel t. CONDON, Or. March 21. William Cornell, who died In tills city March if. wa a pioneer of 153. He served as captain of the train with which he croned the plain. The cropping was aetable frm the fact that none ef the party met with any sorlouB njUhap of consequence. WilHam Cornet t was brn in Jack h County. Xllsieurl. In 1S21. He came to Oregon In 1S53. settling at Oregon CHy and ut.equently In PelU Ctointy. where he rcsWed until JSS0, when h came to Ollllam (then itor rw) County. Orega. A wife. lr sens and two daughters rvlve htm. FI1owIrk are his children: Alexander. Kverett. Wash.; Kdward. White Sal mon. Wash.; Eugene and F. D-. Al bany. Or.; Fred. Conden: Mrs. Kmma Kfttx. f Kenll, an4 Mm. W. Is. Barker, of this city. A family re union .occurred lat July, at which . time Mr. Coram was dangerou!)- ill. Had he lived until March 19 it would have been the 52d anniversary of his marriage with hts ecend wife. seen in Brooklyn. East Side, where the company is putting down mains on all the streets. The new pavement on East Ninth street, between Ellsworth and Beacon, lias been damaged probably to the amount of at least &) by failure to restore the pavement the same as It was before the destructive work- was begun The gas company put down a four-Inch main along the west side, about six feet from the curb between Ellsworth and Beacon streets, covered the pipe loosely with dirt and then heaped big stones. gravel and some dirt on top. leaving a ridge from three to four inches high tho entire length. It has destroyed the at tractive character of this street, and has made no effort to repair the damage. The stone? are being scattered, and the drain age on the west side of the street I com pletely destroyed, preventing the water from running off. and diverting it to the middle of the street instead. Work Must Be Done Over. Even If a heavy roller were put on this ridge it could not level it down, and the only way to restore tho street Is to un cover the pipe, remove part of the dirt and then replace the gravel. Then the roller would restore the street, but this would cost the company considerable money. East Ninth was recently paved at an expense to the property-owners of 53700. and they were feeling pleased over the appearance of their pavement; but now the beauty of the street Is destroyed, the pavement practically ruined, so that 530) is a small estimate of the amount the property-owners have been damaged on this single new street. Tct the gas com pany has Just started. When it lays pipes to the houses along East Ninth, and if It does the same work undisturbed by any city official, there will be ridges ex tending from one side of the street to the other, and the whole Improvement will be practically ruined. To simply watch the outrageous work of the gas company on this new pave ment, without power to prevent or pro test, or without Interference from any source, was roost exasperating to the property-owners who had to pay for the improvement in the first place, especially when neither the City Engineer, who is supposed to have some oversight over the streets, nor his deputies, never ?jo much as mace nis appearance. East Ninth street is not the only street In Brooklyn where this destruc tive work has been and Is being done. On East Eighth street, south from Ells worth, for many blocks there remains a ridge several inches high, where not the slightest pretense to restore the pavement has been made after laying the gas main. Spoiled Street's Drainage. On East Eighth street pipes have been laid Into tne houses and rldices and chuck holes extend from one side of the street to the other. East Eighth street was an old improvement, but it was in good condition before the gas company began laying mains on IL Its drainage was perfect, but tho-drain I ago on the west side is destroyed, as the water is forced but toward the middle of the street away from the curb, and the street Is in worse condi tion than before It was Improved. Tho damage to East Eighth street cannot be estimated directly, but it can hardly be less than 5500, and as long: as left in Its present condition the pavement will deteriorate rapidly, because of the destroyed drainage. The same kind of work is being- done on Ellsworth street, where gas mains arc being laid along the north aide be tween the street-car track and the curb. Although a small pipe is being put down, a great ridge of stones and gravel has been left between East Tenth and East Seventh, which is as far as the work extends. This street Is only SO feet wide and this ridge raised the" north side above the car track so that it Interferes with the proper drainage. The heaviest roller in the city could not restore these streets. It would press down and harden the ridges a little, but the stones and loose gravel torn up In laying the main will scatter and tho proper drainage of the street will be interfered with until the ditches are uncovered and some of the dirt re moved before the gravel Is put back. It Is the conservative estimate that the damages already done to the few -streets In Brooklyn will foot up prob ably to $1500. Little Help From Council. When the gas company laid Its main on Mllwaukle street. Councilman Rush light demanded that the street be re stored, and It was dono partially. A property-owner on East Ninth street, who paid out nearly $200 for the im provement, exasperated at the damage to the costlv pavement, asked Council men Wills and Kellahcr If there was any remedy for the condition, and was Informed that as far as they knew there was none whatever. But the new streets in Brooklyn are not the only ones that have been dam aged. Dr. C. H. Raffety. of the water committee, said: "There should be some way to compel the gas company, the wa:cr committee and sewer and street contractors to restore streets after tearing them up. Wc. of the water com mittee, arc doing better now, ami should do even better. "We tamp down the dirt and nil tne trendies witn water until the material pacs wcu and then put on the gravel. Then wc put on the city roller, and witn excep tion of a slight elevation tno street is restored. This is the only way to rr- storc the street .But. as i snia nerorc. there should he some way to compel the companies to restore all streets to ss cood condition as tney were before they tear them up for mains or sewers. T JOHN SMITH, NOTORIOUS CHAK- ACTKH. PRINCIPAL. Fred Nelson. Bartender. I-. .1. iiliul- iay. Spectator, nnd Detective Vaughn Arc the Victims. Waving a pockctknlfc and slashing rlcht and left. John Smith, a notorious negro. who has frequently been an inmate or tno City Jail on various charges, cut his way throuch a crowd of men In a saloon at Third and Salmon streets last night, stab bing Fred Nelson, the bartender, in tne side of the head, inflicting a wound on the forehead of F. J. Undsay, and wlien cap tured slashing Detective Andy Vaughn across the wrist. Smith figured in a stabbing affray at First and Clay streets over a year ago. when he stabbed an Italian, and on his release was Implicated In several snenk- thlef Jobs. Following an attempt last night to eject the negro from the saloon. Smith drew a pocKctKnuo anu sinuocu the bartender In the side of the head. In flicting a wound several Inches long. Nel son Was laKCn XO police m-wuijuinnri;. where he was attended by Dr. Spencer. Assistant City Physician. Nelson was re moved to his rooms. F. J. Lindsay, an engineer who lives In Ran Francisco. wa an innocent party to the cutting scrape. Smith cut among the I crowd indiscriminately, and Undsay came In contact with the knue In try ing to es cape. His wouna was oniy a miKm-ium-. Captain Slover. or tne nrst rcuci. was no- tilled of the fight and sent Detectives j Vaughn and Hellyer to the scene. Smith j had escaped, but the detectives followed. Policeman Anderson, who was boarding : a Morrison-street car near Sixth street, i was attracted by the negro running and . took after him. He stopped Smith at Sixth and Yamhill streets. Just as the dc- j tectlves came up. A fierce fight followed 1 and In the melee which followca Vaughn was cut across the wrist. Smith fought nil the way to the station, where he was locked up on a charge of assault with a dangerous weapon. DAILY METEOROLOGICAL. REPORT. PORTLAND. March 21. Maximum tem perature. SO deg.: minimum. 42. River read ing at S A M.. 3 feet; change In past 21 hours, rise of 0.4 of a. foot. Total precipita tion. 5 P. M. to 5 P. M.. O.OS of an Ineh; total since. September 1. 1&0S. 30.7-1 Inches; normal. 30.01 Inches; deficiency, 5.S7 laches. Total sunshine March 20. 1W)S. 2 hours and 32 minutes; poMlble. 12 hours and 0 minuter. TACIF1C COAST WEATHER. 3 Wind. E 5 5 u o o 2. 2 03 J o sc. a ? 3 : : rrATiONi Baker City. 42'O.OOi 6S Cloudy IClear Cloudr IPt. Clay. Cloudv IClear Cloudv IPt. Cldy. "Cloudy Cloudv !PU Cldy. Rain ;CIoudy iRaln Clear IRain iRaln iCloudy Bismarck.. iio!o.ooiis.nw " Isl T I 6.W J3S0.RSf12S1 , asfo.ool 4n Boise.. Eureka Helena.. E KamloopF. B. C North Head.... Pocalello Portland Red Bluff Boseburg. ...... Sacramento. Salt Lake City. Sn Francisco.. ...1MV.lllHWE ...uro.oi; -rw ... 30 0.0SI lSE . ..tCOO.-tO'12'SE ...J6I0.HI 4S .. MM O.O f SS ...;3fi0.O0l C'NW ... C2 0.0114"W Spokane.. .:.V.'.32i T I2ISW Seattle Tatooih Island. ...KVS0.12H4S ...Icoio.oo! ofN WalU Walla. T trace. WEATHER CONDITIONS. Ther ! a smalt disturbance thU evening over Wetern Brltleh Columbia, which ! moving slowly eastward. It baa caused light rata during the last 12 hour In Western Oregon and along the coast of Washington and In Southern Idaho. Rain has also fallen In Northern California, from a disturbance off that coast this morning. Tbe tempera tures In this district are now generally lightly above normal. The conditions are favorable for occasional light rain in the North Pacific States Thurs day with continued mild temperatures. "WEATHER FORECASTS. Forecasts made at Portland for 2S hours ending at midnight. March 22: Portlanad and vicinity Occasional llht rain. Southerly winds. Oregon and Washington Occasional light rain. Southerly winds. Idaho Occasional light rain. EDWARD A. BEALS. District Forecaster, i 3IotLorIess Girl Adopted. Albion W. Haines and WInnIo S. Haines were authorized by Judge Webster yes terday to adopt Alice Lewis, a child of S years. The mother was an intimate friend and schoolmate of Mrs. Haines, and she Is dead. The father. Frank O. Lewis, who resides at Walts burg, has consented to the adoption. Healthy, wholesome, iatln skin bestowed Jby Satla tkia cream and Satin powder. 23c, SUITE COSTS S20 Teamster Settles in the Police Court for Fun at Rink. STRENUOUS COOK FINED Pays SIO for Terrorizing Guests With Butchcr-Kiitfc MystcrI ous Billy' Smith Before ludge Cameron. Ralph Van Northwlck. a butcher-wagon driver, has the roller-skating habit so strong that when he appeared at a Seventh-street rink slightly under the Influ ence of spirituous liquor, he Insisted on taking the floor, de&plt'e the protest of Van Northwlck Had Mate On. Manager William H. Jones. It cost him 52) for he was arrested, haled before Municipal Judge Cameron and fined yes terday morning. Van Northwlck appeared at the rink and began making preparations to skate, when he whs told by the manager that he would not be allowed to go on the floor. Van Northwlck paid no heed to the manager, secured a pair of skates and went 4on the floor In defiance of cvery one. "Vou will have to leave the place," Manager Jones told him. "Vou blankety blank blank. I'll knock you down and skate over you. If j-ou In terfere with me." retorted Van North wick. A warrant whs Issued for Van North wlck. who was arrested and fined. He admitted using profane nnd abusive Ian guage. and also of assaulting Manager Jones. With a long, keen-blnded butcherknife Charles Haines performed the stunt of driving men. women and children, guests at the raclfle Hotel on Tenth street North. Into tho cold street at an early hour yesterday morning. Haines greatly enjoyed tho- sport, but Mr. naine on the Warpath. the cucsts. especially the women and children wore by no means pleased. Po liceman Kcllar, of the mounted squad, reached the scene In time to capture the liauor-crazed Haines, and sent him to Jail. Haines was brought before Judge Cam eron. still somewhat the worse for booze. and said he did not mean any harm by drivlntr out the guests. I will fine you $10, but I don't mean any harm, cither." replied Judge Cam eron. Haines had been employed at the Pa clfic Hotel as a cook. Herman Simons, a member of the Bridge nnd Structural Ironworkers' Union, was found guilty of assaulting Contractor J B. Tlllotson. and was lined $10. After the caso was heard. Simons secured a war rant for the arrest of Tlllotson, charging that he used abusive language. The trou bles arose over differences that exist be tween Tlllotson and his employes, "Mysterious Billy" Smith, proprietor of the Atlantic Cafe. Third and Pine streets. was arrested for having his sidoon opeiti at IS minutes past I o'clock yesterday r morning, but .when he gave his version nf th nffnir Judge Cameron and Det- uty City Attorney Fitzgerald agreed that the case was not serious. Smith had no knowledge of the violation ot the law, and promised to see to it that his establish ment was kept closed curing proniDitect hours in the future. I will suspend sentence in mis case. but if you come m again on this charge It will coat you $o0." CALLS MOST HYMNS TRASH Chicago Preacher Denounces Songs , of Sunday Schools. 'CHICAGO. March 2L That the hymns commonly used In Protestant Sunday Schools are trivial, grotesque and fre quently dangerous. Is the opinion of the Rev. William P. Merrill, pastor of the Sixth Presbyterian Church, expressed "yes terday In an address at the Presbyterian Sunday School Institute, held at the Sec ond Presbyterian Church. Dr. Merrill spoke on "Music in the Sunday School." "The trouble with our church and Sun day School music," he said. "Is that it Is looked upon as a hunter considers the meat which he puts Into his trap. We don't have any thought for. nourishing the victim after we have got him In the trap. In these days of evolution, when QomeiNow Own Up You don't like those gray hairs, do you? And your husband certainly doesnt like them. Then why not try a bottle of Ayer's Hair Vigor? It restores color to gray hair every time, all the deep, rich color of early life. And it cures dandruff also. The best kind of a testimonial -"Sold for over sixty years." 3ff sde by the J. C. Ajar Co.. Lowell, Htsi. Also .Manufacturers of AVER'S SARSAPARTLLA For the Wood. AYER'S CHBRRY PECTORAL For Coughs. t we are In doubt as to whether we should ' call God 'He or "It. we are coming to think It childish to feel that God wants the worship of hla children, but tlte attl- . tude of devotion Is what wc need. "Song concerned with the sorrow and pain of this Hfo. the longing for 'The 1 Heavenly Home. and the like, are dan- I gerous and grotesque in a Sunday School, If, Indeed, they have a place anywhere. Doggerel and other trash should be ruled out of the Sunday School, and ragtime J music should be strictly barred. Evan gelistic hymns are absolutely unfit for the use of Joyous devotion. We need sorely to arrange our Sunday School music In accord with the Savior's warning against 'causing the llttlo ones to stumblev DAILY CITY STATISTICS Marriage Llcene. HM ITK-HFLL F. R. Smith. 34. Seattle; Nellie B. Hull. 30. nirthf. GARNEA17 At Good Samaritan Hospital. March 5, to the wife of Towell Garneau. of ST North Seventh street, a daughter. KRAFT At 241) North Sixteenth street. March II, to the wife ot Frederick Kraft, a daughter. MARQUIS At 7G East Burnslde street. March 1!. to the wife of Raymond F. Mar quis, a daughter. Drathii. BLOOMER At Estacada. March 19. Charles Bloomer, a native of New York, ajtetl SI years, rt months and trt days. Re mains brought here for Interment. DAVIS At St. Vincent's Hospital. March 20. Carl Davis, a native ot Minnesota, aed 30 years. Remains sent to St. Cloud, Minn., for Interment. EATON On train near rortlnnd, March 20. Benjamin F. Eaton, a native of Michi gan, aged 21 years. JONES At 313 East Sixth street North. March 21. John Halsey Jones, a native of Carthage. N. Y.. aged 73 years. 3 Htoaths and 17 days. KELSEY At Good Samaritan Hospital. March 20. Mabel Ketsey. daughter of Mr. and Mrs. Ed J. Kelsey. a native of Kansas, aged 12 years. 7 months and 10 days. LA FLEMME At 181 Montgomery street. March 21. Walter LaFlemme; son of Mr. and Mrs. Joseph LaFlemme. a native of Oregon, aged 17 years. 8 months ana 3 days. Remains sent to Brooks. Or., for Interment. WALTER At Mt. Tabor Sanitarium. March 20. Solomon A. Walter, a native of Ohio, aged 07 years. 1 month and 25 days. Remains sent to Damascus. Or., for inter-. ment. Bulldlnc rennlts. D. W. JACKSON Dwelling. Mechanic, near Kankakee street. ?130. H. L. SHATTS Dwelling. Wilbur street, between Milton and Burton. $10. A- A. SEAMANS Dwelling. East Twen tieth street, between Trescott and Going. 4600. DAVIDSON BROS. Repair of store. Third street, bctweea Ash and Tine. $330. H. LOWITZ Three dwellings. Front street, between . Gaines and Pennoyer, 4030 each. JOHN WATTSPN Repair of store. Yam hill str.-t. between Second and Third. $23. PORTLAND GENERAL ELECTRIC CO. Toolhouse. Knott street, near Williams ave nue. $300. P. J. PACKARD Dwelling. East Seven teenth and East Washington streets. $5000. J. S. BAKER Repair of store. Everett and Third. $150. Real Estate Transfer. Juletta R. Hobson to H. J. Uewett. 2 acres beginning 10 chains and UK links north and 25 chains and Hi links east of S. W. corner section 31. T. 1 N..B.IE $ 1.S00 Klnsr estate to I. Vanduyn. lot . block 25. King's Second Addition... 2,300 William M. Lad it and wife to Andrew Kan. 3.21 acr4s beginning 50 chains and 30 links west of S. B. corner section 31. T 1 N.. R. 3 E.. ami parcel land 3.375 acres beginning same point, and parcel land 71 redo, being & strip 2 rods wide, beginning S. W. corner of above-described par cel 3.70O Andrew Kan and wife to Ralph W. . Smith, trustee, all ot Sunnystope. except lot "E" , 1 Ethel Rutherford and husband t Title Guarantee & Trust Co.. E. 4 block 3. Mistletoe Addition 400 William Poole and wife to J. H. Fair brook, lot I. block. 15, Lincoln Parle Annex 330 William M. Killlngsworth. et at. to Charles F. Frank. lot 10. block 21. Walnut Park 000 Joseph A. Boyce and wife to Eliza beth Duff. W. V, lots 4 and 5. block 5. Pleasant View Addition 1.200 Joseph Closet. et nl.. to A. O. Hall, lots- 5 and 0. block 93. East Port land - .000 T Hareet Gardner arid wife to B. H SS.SJ0 BLOOD The purifying action and curative properties of this great remedy have made S. S. S. For The Blood " a household saying, and thousands who are today enjoying perfect health owe their recovery from blood, or sjan diseases rnrriiR-nmversaxrvTisea. Diooumcuiuuc r-fc-ri,. rA Kir? xcTiirfi -Dossess not T . ... .,r - but building-up ana surenguiening order. Ho one can be wen wnen tne piooa is impure; uiey itu uiu i.y , and strength that is natural with health, the complexion becomes pale and 1low the; vitalitv is weakened and thev suffer from a general broken down When the waste or refuse thrown off, is left in the system because of a sluggish, torpid condition or "the expelling members, it is absorbed,, into thej GUARANTEED Wood, making this vital stream weak,' sour and) -nV' r-BA mm acrid and its condition is manifested by boils, FREE FROM pimples, rashes, blotches and other eruptions of, MINERALS, skin s- s- s Boes into the i circulation in tmt rx mm v xemove3 every particle of j blood $ taint 1 or poison of every character, makes the blood fresh and strong and gives energy) to the entire body. When the blood has been cleansed by S. S. S. all skin diseases and eruptions pass away and the smooth, clearskin," glojrfng with, health, shows that the body is being nourished by rich.'pure blood. Rheu xnatism, Catarrh, Sores and Ulcers, Scrofula, Contagious Blood Poison, etc,4 are all deep-seated blood disorders, and for their cure nothing equals S. S. S.J It does not injuriously affect the most delicate parts of the body and can bet taken with perfect safety by old or young. Bonk on the blood and any medical advice desired without charge. . THE SWIFT SPECIFIC CO., ATLANTA, GAm, - AYER'S PILIS-For constipation. AYER'S AGUE CORE For malaria and agne. Wlnncman. W. 33 t-3 feet of W. HO feet lot 3. block 21S. Holladay's Ad dition , 750 John J Kndderly and wife to Roger B. Slnnott. et al.. lots 3 and t. block 120. East Portland 10,000 Multnomah Real Estate Association to J. R. Deen. lot 11. block 10. Wil lamette Townslte 230 Same to John A. Prather. lot 10. block 10. Willamette Townslte 2O0 Otto J. Kraemer to John M. Pltten ser. lots 5 and i. block 3. Wlll-lamK-Avenuc Addition I John 51. Plttenger and wife to H. Janzen. hit 5. block t. subdivision -IV 51. Putton Tract 230 J. E. HlRKins. trustee, and wife to Fred Sherman, lot 3. block 1, John Brende's Addition - 2 Irving Ray Delano to Edward WilHam Bartholomew and wife, lot 0. block 0J. Seltwood 200 Sycamore Real Estate Co. to W. R. Locke, lot 1. block 2. Kern Park 115 William H. Leeds and wife to Jo seph Swope. W. ot N. E. U seetlon It?. T 1 S-. It- 3 E-. SO acres f F. W. Torgler anil wifo to W- W. Clayton and wife. lot- 4. Hodson Plnce 035 5tary Christensen- and husband to Axel G. Anderson. lot i. block 32. 5Iult-' Romah 02S S. M. Johnson, et al.., to' R. W. W1I- y hur. S. 50 rcet of E. 100 feet, block 9. Johnson's Addition 1- Christina Johnson to Sidona V. John son, lots 14 and 13, block 30, Irv ington 1 George F. Barrlnger and wife to Will iam 5t. Lancaster, lot 13. block 20. Mount Tabor Villa 175 Land Co. to Grace Field, lot 1. block II. City View Park 300 John S. Parke and wife to L. 1 Bush, lot 2. bloci 2t3. city 1 Title Guarantee & Trust Co. to John P. Plovker. lots S nnd 0. block 14. Hanson's Second Addition 000 Lena E. NIner and husband to Steph en Reding. 15 acre beginning P, E. corner Alonzo Gates D. L. C. sec tion 14. T. I S.. R. 1 E 1.300 Stephen Reding and wife to Lena E. Nlner. 15 acres beginning S. W. cor-" ner A. Gates D. L. C. section It. T. 1 S.. R. 2 E t Point View Real Estate Co. to A. S. Bowers, lots- 33 and 34. block 2.". Point View 2(V Thomas L. Garland to Netta..A. Gar land, 20.41x100 feet beginning north lino AVashlngton street. 180 '4 ft-et east of east line Twentieth street.. 1 A. Hoffman to Amanda M.- Nichols, lots 1 and 5. Mock 4. Portsmouth Villa Annex - .-". 4H I. Vanduyn and wife to Hubbert A. Thompson. lots 5 and 0. block 7. Woodlawn 300 A. R. Richardson and wife to J. J. Edgren. OlxlOOVi feet, being in lot 1. block 5. Oak Park Addition..... 000 Arleta Land Co. to O. N. Blair, lot 17. block 3. Arleta Park "No. 3.... 125 Emll Grem to 51. Applestone. parcel lots 5 and fi. block 230. city, begin ning 35 Mi feet north of the S. W. corner block 230 4.000 Sheriff to Young 5Ien's Christian As sociation, lots 7 and S. block 111. Grover's Addition IS Same to same, same property 4.331 William Reldt and wife to Frank. Klernan. north 40 feet lot 0, block 21S. city I Aloys Harold to Adolph Prasll. lot 7. block 0. First Electric Addition.. 20 Thad W. Vreeland and wife to F. E. Hick. lot 7. block 2. Evans' Addition 2.625 Young 5ren's Christian Association to George W. Sherk. lots 7 and S. block 111. Grover's Addition 1.S0O II. N. Scott and wife to Charles i Flohr. lot 15. block 30. Woodlawn.. 100 5Ioses F. Tufts to H. H. Brlggs. lot 2. block 2. Oak Park Addition t Carl S. NIcklln to 5Ioses F. Tufts. same proparty - I Bertha Baum to Charles R. Hodgdon. et al.. lot 5.. block 10. Center Addi tion 130 Title Guarantee & Trust Co. to A. S. Stone. lots 3 and 4. block 0. South St. Johns 000 51. L. Holbrook and wife to Samuel Britton. lot 0. block 2, Court Place f0O Mary Jane Tabor, et al.. to Flor ence E. Stalling:-. Tract "O" and lots S. 10 and 14. block 4. Richmond I Florence E. Stnlllngs to Rose L. HIrsch. same property 1.130 Total. ....$33,040 Operator at Swallows Arrested. PUEBLO, Colo., March 21. Night. Operator William Van Deusen, for whom Operator Lively was working; at Swallows Station last Friday night, when he failed to deliver a train or- der to Rio Grando train No. 3. which resulted In a collision, and who was said to be wanted to testify at tho Coroner's investigation, which began last Monday, was taken into custody by the police here last night, but was subsequently released by order of th Sheriff of Fremont County. Van Deu sen says no subpena to appear at the Investigation has been served on him. Tie said he knows nothing as to tho whereabouts of Lively. When you feel all tired out and broken up generally, take Hood's Sarsaparilla. o. v5. v. o iu.a..j.i..j onlv cleansinsr and healing ingredients, . , i a : .r,- properties to Jtccp tuc uiuuu. matter, which nature intends shall be .Jirtt&BKmmmmUmmmmmmmmmmmmmmmmmmmmmm