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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (July 18, 1906)
1 MARQUAM LOSES WRECK OF RUNAWAY FREIGHT TRAIN IN SISKIYOU MOUNTAINS LITE SAVED BY SWAMP ROOT. The Wonderful Kidney, Liver and Bladder Remedy. IE SAMPLE BOTTLE SENT FREE BY HAIL. THE MORNING OREGONIAN, WEDNESDAY, JULY 18, 1906. IN5UPH MEGOURT Rehearing of Case Involving Valuable Property in Port land Is Denied. FORMER OPINION IS UPHELD Supplemental Agreement Between Parties Is Declared Not to Have Changed the Character ol the Prior Agreements. SALEM. Or.. July 17. (Special.) The Supreme Court today denied the petition for a rehearing in the Marquam case, thus finally determining the litigation be tween P. A. Marquam and the Title Guar antee & Trust Company. The case was decided last December, when Justice AVolverton was on the Supreme bench. The opinio:- was written by Justice Bean. Since the original decision was rendered. Judge. T. G. Hailey succeeded Wolverton, and the opinion on the petition for re hearing was written by him. In the petition it had been contended that supplemental agreement made be tween the parties conferred upon the Title Company a power to sell the property. The Supreme Court holds that there is nothing in the supplemental agreement that attempts to change the character of the prior agreements. If it conferred a power to sell, such sale, under our stat ute, could only be made under a decree of foreclosure, as provided in section 423 of the code. The supplemental agreement is held to be in effec. a Junior mortgage from Mar quam and wife in favor of the Invest ment Company. The opinion says that the court has reviewed the entire record in the case, and concludes: "After full consideration of the case, we are all agreed that the former opinion was cor rect, and the petition for rehearing will, therefore, be denied." Doernbecher Case Reversed. Heywood Bros, and Wakefield Company, respondents, vs. Doernbecher Manufacturing; Company, appellants, from Multnomah Coun ty. Alfred F. Soars. Jr.. and Arthur L. Frazer, Judges; reversed; opinion by Justice Moore. The lower court awarded plaintiff Judg ment for $573.75 on account of freights paid by plaintiff on furniture bought by it from the defendant. The Supreme Court holds this was error, for there was nothing in the contract or the complaint that entitled the plaintiff to recover such sum. An amendment to the complaint on this subject during the trial was error. The cause is remanded for such further proceedings as may be necessary. Complaint Held to Be Sufficient. J. K Madden, respondent, vs. Frank Welch, appellant, from Malheur County, George E. Davis, Judge; affirmed; opinion by Chief Justice Bean. In this action plaintiff alleged that he furnished feed and stabling for defend ant's horses to the reasonable amount of 62.6S, but he did not allege that this was done at defendant's request or that de fendant ever promised to pay. Demurrers were overruled in the Justice Court and Circuit Court, and trial resulted in a ver dict for plaintiff, and defendant appealed. The Supreme Court holds that, although the complaint was defective in the partic ular mentioned. It is sufficient after ver dict. Plaintiff Neglected to Specify. T. A. Barton, appellant, vs. W. W. Rose and Mattle Rose, respondents, from Malheur County, George E. Davis, Judge, affirmed; opinion by Chief Justice Bean. Plaintiff lost a suit to foreclose a me chanic's lien because he did not directly or by necessary Inference specify to whom be furnished the material and labor. Greeks Denied a Rehearing. State of Qregon. respondent, vs. Tom Georges and Peter Demas, appellants, from Douglas County; petition for rehearing de nied. The defendants were Greek laborers on the Southern Pacific at Hoseburg. and were convicted of riot at the time the la borers tired at the crew of a train that bumped Into the car in which they were living. Rights of County Court. George Miller, appellant, vs. Union County, respondent, from Union County, Robert Eakln. Judge, affirmed; opinion by Justice Moore. Held that the County Court may adopt the report of a board of county road view ers and that the assessment of damages can be Anally determined before the pro posed county road is declared a public highway. Walter M. Pierce, appellant, vs. Union County, respondent, from Union County. Rob ert Eakln. Judge, affirmed; opinion by Jus tice Moore. This decision rested upon the same grounds as that in the George Miller case. A petition for rehearing was allowed in the case of Wolfurd vs. Fisher, but sim ilar petition!, were denied in the cases of Paxton vs. Llvcsley, Jennings vs. Jen nings and Gabton vs. Portland. OXEIDA IN FAVOR OF BORAH Delegation Has A'ot Been Instructed to Support Convention's Choice. BOISE, Idaho. July 17. (Special.) The only news received from the Republican primaries In Oneida County Is to the ef fect that the delegates are in favor of the rcnomlnatlon of Governor Gooding and personally In favor of Borah. It Is added, however, that the state delegation may not bo instructed to support the state convention plan. The delegates to the state convention will be for both Borah and Gooding, ac cording to this Information, the inference being that they will be left to decide af ter getting on the ground whether to sup port the plan of nominating a Senator. This information comes from one of the leaders of the county who Is assumed to know the exact situation. He declines to permit his name to be used. Nothing has been heard from Lemhi. Wages Sent to Mitchell Girl. OREGON CITY. Or.. July 17. (Special.) A check for 114, covering the amount of wages due her. was today forwarded by the Oregon City Manufacturing Com pany to Esther Mitchell, who murdered her brother at Seattle a few days ago. The Mitchell girl was employed in the tailoring department at the woolen mills for several months prior to last March, when she disappeared during the noon hour one day. As requested In the girl s letter, which was a miserable specimen both as to penmanship and orthography, the check was forwarded in care of the Sheriff of King County. Hood's Sarsaparllla brings back health nd gives strength after serious illness. 11 I score f 6 to 5 in 14 innings. Following MhMH V '. ,;r JmmBgsX sSwS9HnK 1 Mill riln llll 1 1 II I I I Fl ! tne ba" 6ame there was a most success- wvf!l4jymBB$si - X iuSStSumKIISSSSalUBi 1 ful balloon ascension and parachute Jump 'flfr jXwSSBmttSi 'mMKKBBSBBmB! Charge Filed Mitchell and Against Esther Mrs. Creffield. EXAMINED FOR SANITY Judge Upton, of Walla Walla, Tele graphs That He Cannot Assist in Defense, and Attorney Morris Also Declines. SEATTLE, Wash., July 17. (Special.) Attorney Speckert. today received a telegram from Judge Upton, of Walla Waila, to the effect that the latter could not possibly assist in the defense of Esther Mitchell. Upton created a sen sation by the following message sent the night that Esther Mitchell shot down her brother George: "Walla Walla, Wash.. July 12, 1906. Miss Esther Mitchell, County Jail, Se attle, Wash. Accept thanks, congrat ulations and assistance if needed. Talk to your lawyer only. "WILLIAM H. UPTON." Attorney Will H. Morris this morn ing wrote a long letter to O. V. Hurt, Mrs. Creffleld's father, advising him that he could not defend the two wom en, owing to urgent business. Morris stated that the defense of the two women would probably be placed in the hands of a young attorney In this city, at the request of Hurt. Esther Mitchell and Mrs. Maud Cref field were jointly charged with murder In the first degree today by information tiled direct in the Superior Court. John F. Miller, assistant prosecuting attor ney, stated that the trial of the two women would probably be concluded before Chester Thompson is brought to trial. The prisoners are being examined daily by Dr. J. B. Loughary, who calls in one or more consulting physicians to act as advisers in an effort to de termine the mental condition of the women who are responsible for the death of George Mitchell. These ex aminations ore being made at tne request of Prosecuting Attorney Mac intncth nnrt the reoorts made by the physicians are being kept a secret. It is said, however, by Macintosh that no complete' report has been made so far. and it is probable mat tne exam mo tions will be kept up for some little time. The women so conduct themselves as to make the determination of their mental condition very baffling. Burial of George Mitchell. -Ti-nT-Tr: fir Jniv 17. (Special.) The l5t act In the Creffleld-Mitchell drama s0 far as George Mitchell figured In it. was closed here today when Mit chell's body was laid to rest beside the remains of his mother. A number of old neighbors attended the funeral. The Mitchells came from a good family, the father. Charles Mitchell, having been born and raised to manhood on a farm near Bloomingdale, Park County. Ind. After his marriage he located In Illi nois and some 15 years ago he removed with his wife and a large family of chil dren to Oregon, settling on a small place near Newberg, where a few years later his wife died. Mr. Mitchell was always of an Im pulsive and rather an eccentric disposi tion and for some time immediately fol lowing the death of his w-lfe he showed such extreme agitation of mind that fears were felt for bis sanity. A few months later he left the children to shift for themselves, going to the State of Georgia for a time and later back to Illinois, where he was again married. ASHLAXD DEVELOPMENT DAT Special Train Brings Crowd of Ex cursionists From Valley Towns. ASHLAND, Or., July 17. (Special.) Development day and States day at the Southern ' Oregon Chautauqua was marked by a notably large attendance and a big time all around. A special train was run from Grants Pass and brought nearly 100 people from the sev eral towns along the line. Including the members of the Rogue River Valley De velopment League, which held sessions here today. The regular afternoon lecture hour was given over to a development meeting In the tabernacle and a very large audience was addressed upon general development lines by Dr. House of Portland, Presi dent Campbell of the State University and E. Hofer of Salem, besides local speakers representing the several towns of the valley also spoke. A feature of the afternoon was a hotly contested ball game between Ashland and Grant's Pass, the latter winning by a score of 6 to 5 in 14 Innings. Following the ball game there was a most success ful balloon ascension and parachute jump from mid-air, witnessed by thousands. The weather has been delightfully cool, this adding to the great success of the day. Tonight Captain Jack Crawford enter tained a great audience. The general at tendance at the assembly has been larger than ever before and the interest prom ises to even increase until the close of the assembly Friday next. Crawford pleased a large audience Monday night, as did Rosani with his two evenings of jugglery and sleight of hand, and Mrs. Gielow with her stories of the South. NEW ROUTE TO THE GUIiE Colorado & Southern to Connect With St. Paul in Montana. BUTTB, Mont.. July 17. The Colorado & Southern Railway is preparing to build into Montana, according to an Eastern Montana special to the Miner, which states that Engineer Worrell, of the Col orado & Southern, is now at Rosebud with a party of engineers on a prelimin ary survey, which has for its purpose the locating of a route for the road through from Orln, Wyo., to which point the route is said to have already been determined upon. The Colorado & Southern will enter Montana somewhere between Billings and the Yellowstone National Park, extending north, it is said, until a connection with the St. Paul road can be made. The Colorado & Southern will have Its line within 50 miles of Galveston, Tex., in the course of several weeks, it is said, and its proposed connection with the St. Paul In Montana will afford the latter a traffic way to the Gulf and give the Colorado & Southern an outlet to Puget Sound. JUDGE MELLEN FOR LONG TERM Alaska Democrats Pick Swineford as Short-Term Delegate. SEATTLE, Wash., July 17. A special to the Seattle Post-Intelligencer from Ju neau, Alaska, states that the Democrats of the district in convention assembled nominated Judge H. W. Mellen, of Cop per Mount, for the long term, and ex Judge Swineford for the short term, as Delegates. Judge Mellen is father-in-law of Governor W. B. Hoggatt, recently ap pointed Territorial Governor by President Roosevelt. The platform adopted by the conven tion declares for the principles enunciated by Jefferson, Jackson and Bryan, and are against the Republican party for general neglect and dereliction of duty. It also declares in favor of a territorial form of government, advocates the creation of a fourth judicial district and the election of a Delegate to Congress from each of said districts. BOX OF GOLD IS RECOVERED Treasure Stolen From Steamer Ida May Found Near Fort Gibbons. SEATTLE, July 17. A special to the Times from Fort Gibbons, Alaska, says: The box of gold stolen from the steamer Ida May has been found In the woods in the outskirts of town by the Northern Commercial agent, W. C. Rexman. It was found to be intact and nothing miss ing. The .box is uninjured. Superintendent Charles, of the express company, had offered $500 reward for the recovery of the gold on his arrival at Gibbon. Many are under suspicion, but no arrests yet. Back Broken in Logging Camp. ASTORIA, Or., July 17. (Special.) August Federle, an employe at the Seger logging camp near Skamokawa, was so badly injured while at work on Saturday afternoon that he died a few hours later. He was employed as a rigging rustler, and was putting a choker on a log that was lying on a steep hillside, when another log rolled down the hill and striking Fed erle, threw him several feet, break ing his back. He was 42 years of age and unmarried. Jndge Linn Adjourns Court. VANCOUVER. Wash.. July 17. (Spe cial.) The Jury session of the Superior Court closed this afternoon, and Judge O. V. Linn, who was sitting Instead of Judge W. W. McCredie. left for Olympia. The entire time of this session was de voted to condemnation proceedings by the Portland & Seattle Railway Company. Three cases of the number tried affected lots in Vancouver. Best Medicine in the World for Colic and Diarrhoea. "I find Chamberlain's Colic, Cholera and Diarrhoea Remedy to be the best remedy in the world." says Mr. C. L. Carter of Skirum, Ala. "I am subject to colic and diarrhoea. Last Spring it seemed as though I would die, and I think I would if I hadn't taken Chamberlain's Colic. Cholera and Diarrhoea Remedy. I havenT been troubled with it since until this week when I had a very severe attack and took half a bottle of the 25-cent size of this remedy, and this morning I feel like a new man." For sale by all druggists. ?,J jrs- JOWf VISIT TO SHRINES Dr. Baker's Lecture Proves a Treat to Chautauquans. POET-SCOUT IS COMING Reunion ot Students of the Old Port land Unirersity Is to Be Held at Gladstone Park Next Friday Afternoon. OREGON CITY, Or., July 17. (Special.) Dr. Ernest E. Baker, of Oakland, Cal., this afternoon gave hs lecture, "A Pil grimage to Literary Shrines in Europe." Dr. Baker is proving a treat to the Chautauqua attendants. His lecture con sisted of his personal impressions of the literary shrines of Europe, acquired in four trips across the ocean. Robert Louis Stevenson was credited with being the purest stylist of all English writers. 9lr Walter Scott had made himself immor tal by "The Waverly. Novels" and had saved himself from financial disgrace. "I sometimes think It Is necessity that makes for genius and inspiration," said the lecturer, in paying tribute to the memory of the Scotch writer. The fact that more Americans visit Stratford-on-the-Avon annually than any other country, Dr. Baker asserted was an evi dence that "Americans know genius when they see it and revere genius as long as it lasts," and, besides, is a tribute to the intrinsic worth of Shakespeare, Westminster Abbey was also visited, and mention was made of the many men who had made English literature so super latively grand. Considerable time was taken up Inspecting the home of Thomas Carlisle, the lecturer having been the first American to visit this place after it was formally opened to visitors. The graves of Victor Hugo, Voltaire and Rousseau in the Pantheon were next vis ited, and after these places of interest the pilgrimage was extended to the home of Goethe and the scenes surrounding the birth and lives of Martin Luther, Calvin, Byron, Dante, Cicero, Caesar and other WEAK KIDNEYS CAUSE MORE SUFFERING AND DEATHS THAN ALL OTHER DISEASES COMBINED. If the kidneys are out of order the whole system Is bound to suffer. Head ache, backache, rheumatic pains and swellings, torpid liver, constipation, indi gestion, nervousness, drowsiness, sleep lessness, skin troubles, malaria, feverlsh ness, yawning, cloudy urine -dlment in urine when it stands 24 hours, etc., all indicate that your kidneys have been dis eased for months, and if not properly treated without delay, Bright's disease., diabetes, uric acid and blood poison, with convulsions and death, will surely follow. Warner's Safe Cure When the kidneys are diseased the uric acid Is not carried off, and this causes Gout, Lumbago, Rheumatism of the Joints, Rheu matism of the Muscles, Rheumatism of the Heart. Rheumatism everywhere. In Bright's disease the bowels are often constipated and the liver torpid. Warner's Safe Pills quickly relieve this condition, and no ill after effect is experienced. Warner's Safe Cure Is absolutely the only complete, permanent, safe home cure for all diseases of the kidneys, liver, blad der and blood. It soothes inflammation, repairs the delicate tissues and restores energy and vigor to the whole body. Safe Cure is made entirely of herbs, contains no harmful drugs and is pleasant to take. Prescribed by doctors and used success fully in the leading hospitals for fifty years. Cures where all else fails. At all drugstores, or direct, 50 cents and $1.00 a bottle. Refuse Substitutes and Imitations. They are worthless and very often exceed ingly dangerous. Ask for Warner's Safe Cure; It will cure you. Our doctors will send free advice and counsel to anyone. Write fully and In confidence. Medical booklet free. Address WTarner's Safe Cure Co., Rochester, N. T. Wfik TO AW TO rZECXf authors of classic literature. The lecturer concluded with an eloquent reference to Christ and the Bible, without a knowl edge of which, he said, no literary educa tion Is complete. Mrs. Max M. Shillock. of Portland, was the soloist this afternoon and sang a beautiful Scotch love song that received a hearty encore from the audience. Tonight in the auditorium the Portland Y. M. C. A., under the direction of Mr. Myers, gave an athletic entertainment, the feats of tumbling and other gymna sium exercises being supplemented by vo cal solos by Miss Louise Hagner and Mrs. Olga Bartch Lang, both of Portland, and selections by the Y. M. C. A, Glee Club. At the "W. C. T. U. round 'table this af ternoon Rev. L. Vrooman, of Boston, de livered an excellent address on "Labor and Temperance." Mr. Vrooman Is a temperance worker of international prom inence. Captain Jack Crawford, the poet-scout. Go to The When you visit this delightful pleasure resort and have seen its many wonders then it will be in order to call at " The Tavern," where you can secure a delicious lunch and a bottle of WEINHARD'S BEER A special effort will be made to cater to family trade, and this popular beer has been secured owing to its immense popularity with all classes of people. Weinhard's three brews "Standard," "Columbia" and "Kaiser blume" are unexcelled in quality anywhere and are unequaled on the Pacific Coast. of New Mexico, who speaks at Gladstone Park Thursday and Friday, received a cablegram from Dublin, Ireland, the other day : "Name terms for two months at Ireland's World's Fair." As Captain Jack was born in Ireland, he will probably take it in. Captain Crawford's first lecture at Gladstone Park will be given Thurs day afternoon. The association has made elaborate ar rangements for a pyrotechnic display Saturday. In addition to the usual large number of bombs and skyrockets, there will be 16 large set pieces. The annual meeting of the stockholders of the Willamette Valley Chautauqua Association will be held at Gladstone Park Saturday afternoon at 4 o'clock, im mediately following the afternoon lecture. It is desired that there be a full attend ance at this meeting, as there will take place the annual election of officer?. Tomorrow afternoon the W. C. T .U. will substitute for their usual round table hour at the auditorium at 4 o'clock, a general reception to the public. This function will be given at the W. C. T. U. headquarters promptly at 4 P. M. Miss Mae Donaldson, of Portland, will sing a solo and there will be a number of im promptu addresses, touching on the so cial side of the work of this organization. Though the Methodists lost Portland University five years ago, the students of that institution are still loyal to the old school and, the pleasant memories of school days. They have perfected an or ganization with Hon. John Van Zante as president. This organization meets each year, when the students and teachers have a banquet and talk over old tlmest This year the reunion will be held at Gladstone Park on a beautiful knoll which has been christened Reunion Hi". The time for the meeting has been fixed for Friday afternoon, July 20, from 3 to 7:30 P. M. M. A. A. C. today defeated Portland Trunk Club at baseball by score of 10 to 7. The programme for Wednesday follows: 8 A. M. to 12 M Classes. 11 A. M. to 12 M. Annual meeting Oregon Congress of Mothers ; address, Miss Alpha Dlmick, "Teachers and Mothers"; address, Marian R. Johnson, "In Juvenile Courts." 1 P. M. Concert, Parsons' Orchestra, 2 P. M. Reading, Professor Mark B- Beal. solo, Mrs. Imogen Harding-Brotlle; lecture, "The Blues and How to Get Rid of Them," Dr. Ernest E. Baker, Oakland, Cal. 7 P. M. Concert. Parsons' Orchestra. 8 P. M- Grand concert under the direc tion of W, Glfford Nash: Trio, Allegro ani mato, N. W. Gade; piano, W. G. Nash; vio lin, Waldemar Lind; 'cello, Ferdinand Kon rad. piano solos: (a) Nocturne (Liszt) and (b) Staccato Etude (Rubinstein), Miss Laura Fox; violin solos: (a) Romance In G (Beethoven) and (b) Zigeunerweisen (Sara sate), Waldemar Lind ; contralto solo, "A Swamp-Root, discovered by the emi nent kidney and bladder specialist, promptly cures kidney, liver, bladder and uric acid troubles. Some of the early symptoms of weak kidneys aro pain or dull ache in the back, rheumatism, dizxlness, headache, nervousness, catarrh of the bladder, gravel or calculi, bloating, sallow com plexion, puffy or dark circles under the eyes, suppression of urine, or compelled .to pass water often day and night. The mild and extraordinary effect of the world-famous kidney remedy. Dr. Kilmer's Swamp-Root, Is soon realized. It stands the highest for Its wonderful cures of the most distressing cases. If you need a medicine you should have the best. Swamp-Root is not recommended for everything, but if you have kidney, liv er, bladder or uric acid trouble you will nnd it just the remedy you need. Sold by druggists In 50-cent and one dqllar sizes. Tou may have a sample bottle of Dr. Kilmer's Swamp-Root and a pamphlet that tells all about It, In cluding many of the thousands of let ters received from sufferers cured, both sent free by mall. 1 Write Dr. Kilmer & Co.. Binghampton, N. Y., and please be sure to, mention that you read this generous offer in the Portland Dally Oregonlan. . Don't make any mistake, but remember the name, Swamp-Root. Dr. Kilmer's Swamp-Root, and the ad dress, Binghamton, N. Y., on every bottle. Summer Night" (Goring Thomas), violin and 'cello obllgato, Mrs. Anna Selkirk-Norton: 'cello solos: (a) "Le Cygne" (Salnt-Saens) and (b) Spanish Dance (D. Popper), Ferdi nand Konrad: quartet, "Ruy Bias" (Men delssohn), Mr. Nash, Miss Fox, Mr. Lind and Mr. Konrad. NEBRASKA STANDS TEST COVERS COURSE AT RATE OP 19.06 KNOTS AN HOUR. Crew Is a Green One, Made Up Largely of University Students and Inexperienced Seamen. SEATTLE, Wash., July 17. The battle, ship Nebraska was today subjected to the official endurance test, going over the four-mile course, which she steamed at the rate of 19.06 knots per hour, exceed ing her requirements by .06 of a knot, and again demonstrating her superiority. Robert Moran, of the Moran Bros. Com pany, builders of the vessel, stated to the Associated Press at the conclusion of the test that he was well satisfied with the showing made by the vessel. In the standardization trip and endur ance test the Nebraska was manned by a crew consisting largely of university stu dents and Inexperienced seamen, general ly, while in the East, when a battleship is tried out, she Is Invariably manned by a crew organized especially for that pur pose. The Nebraska will be returned to her dock and rushed to completion immedi ately. Peter Sofmunson. ASTORIA, Or.. July 17. (Special.) ' Peter Sofmunson, generally known as Peter Munson, and a former resident of Portland, died here today, after a long illness. He was a native of Nor way, about 60 years of age, and left a widow and several grown children. Oaks