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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Nov. 16, 1907)
lo THE MORNING- OREGOXIAN, SATURDAY, NOVEMBER 16, 1907. BANKERS UNITE TO MOVE WHEAT Realize That Financial Salva tion of the Pacific North west Is Involved. MEET WITH EXPORTERS Dealers and Slifppcrs of Grain Will Talk OTer Matter With Port land Clearing-House As sociation Monday. HOLIDAYS TO BE CONTTSl'ED ANOTHER WEEK. Governor Chamberlain has decided to continue the bank holidays for at least another week, and will issue a .proclamation to that effect either today or early Monday morning. In discussing the situation yesterday. Governor Chamberlain said that all official acts are legal during the holi days which are not expressly pro hibited on such days. Under this con struction of the law there is nothing to prohibit the holding of court and the transaction of all general busi ness. "In prolonging these holidays I am acting with regard to conditions as they appear to me and In response to the request of men prominent In finan cial circles In this state," said Gov ernor Chamberlain yesterday. "Con ditions In Portland and throughout the state are Improving somewhat; they ars better than they were two weeks ago. But considerable uneasiness has resulted from the closing of two banks during the last few weeks, and until that feeling has disappeared the holidays should be continued. While, as I have said, the banks here are in better condition than at any time since the beginning of the. dis turbance, I consider that the condi tions warrant the continuation of the holidays for at least another week." Realizing that the solution of the financial problem locally lies largely In the moving of the wheat crop of the Inland Empire', the bankers of this city are bending every energy toward devising some plan by which this crop ran be moved and put afloat at the earliest possible moment and the sub stantial returns put Into circulation. At a meeting of the Clearing-House Association yesterday this phase of the situation was the subject for earnest discussion. Different plans were suggested, but it was finally de cided to invite the wheat dealers and shippers to attend another meeting of the association, which will be held at 3 o'clock Monday afternoon. At that time a definite plan will be formu lated by which the movement of this crop can be hastened. There Is great activity among the leading grain buyers considering pre vailing conditions. The Portland Flouring Mills Company, Balfour, Guthrie & Co. and Kerr, Glfford & Co. are buying wheat freely. During the past two days the Portland Flouring Mills has bought over 100,000 bushels of wheat, paying cash. This one company in the next seven weeks will receive about 12,000,000 from wheat shipments already made, and this will assist in a material way in marketing the wheat that remains In the growers' hands. Millions to Be Snipped. Of the enormous 1907 wheat crop of the Pacific Northwest It is estimated that 5,000.000 bushels have been bought and shipped, while fully 15, 000,000 bushels, representing a value Of between $12,000,000 and 13, 000.000, are either on the docks or in the ware houses awaiting shipment. Several . million bushels of this crop remain in the hands of the farmers. In addition to several vessels lying In the Port land harbor, which are being loaded at the rate of one dally, the largest fleet of grain-carrying vessels ever sent to the Columbia River will reach this port within the next few weeks. But money alone is not required for meeting the contingency. There is urgent need for transportation facili ties. Even with the limited amount of shipping that Is being carried on, consignors are complaining that they cannot get a sufficient number of cars to meet the demands of their transcon tinental shipments. The Great North ern and the Northern Pacific are re ported to be furnishing a very satisfac tory number of cars, and the Harrlman system Is being appealed to for more assistance than shippers have been able to get from that source so far this season. Every cargo of wheat that is loaded in Portland represents an average value of 125. OO'i. Arrangements have been made by which the banks are given New York exchange on all for eign shipments. This means relief for the banks in the interior of the state as well as In the larger cities. The plan suggested by the bankers proposes that Immediate movement of that portion of the crop which already has been bought, when other arrangements will he made for handling the balance which remains in the hands of the farmers. Confidence Is Returning. There is every indication of a de cided improvement in the situation lo cally. Several small shipments of money from the East have tended to relieve the situation noticeably In ' Portland, while similar remittances have materially helped the banks in the interior of the state, several of which were entirely cut off from their depositories for a fortnight. An Al bany bank yesterday received through one of the leading Portland banks a shipment of 180,000. The spirit of uneasiness which wag manifested among bank depositors for several days has given way to a feel ing of genuine confidence. The aggre gate of deposits is steadily increasing, surpassing the withdrawals. One de positor called at the United States Na tional Bank during the day and as evi dence of his faith in the city deposited $10,000 in cash. ital slock of the institution from $250.- 00) to $1,000,000. 'The rumor has no foundation," said Mr. Wilcox, "and no overtures of such a nature have been made to me. As for myself I am busy doing what I can to assist in moving the wheat crop of this section as the surest means of relieving the stringency locally." Federal Bank Examiner Gatch has begun his official investigation of the Merchants' National Bank but, because of frequer t interruptions, did not make very rapid progress yesterday. It will be some time before he will be able to submit his report to the Controller of the Currency. E. T. Wilson, asso ciate examiner for this district, was in Portland yesterday and spent the day with Mr. Gatch. Plans either for reopening or re organizing the bank cannot be com pleted until Mr. Gatch has submitted his report of the bank's condition to the Controller of the Currency and that official can indicate what will be required before the institution can re sume business. For the present Presi dent Watson and the other officers of the bank are too busy assisting Mr. Gatch In his work to give any time to outlining its future policy and manage me t. WILL ASK HILL'S REMOVAL Title Trust Bank Depositors Author ize Petition to Court. Resolutions favoring the removal of George H. Hill as receiver of the Title Guarantee & Trust Company were unan imously adopted by the depositors of that Institution at a meeting held last night at Merrill's Hall. The president and sec retary of the organization were instruct ed to sign a petition to this effect, on be half of the depositors, and present it to Federal Judge Wolverton. It is probable that it will be submitted to Judge Wol verton today. About 300 depositors attended the meet ing, and no one had anything disparag ing to say concerning Mr. Hill. It was the unanimous sentiment, however, that his position as vice-president of the de funct bank In Itself formed sufficient grounds for asking his removal. The de positors desire a receiver who has had no connection whatever with the com pany and. according to action previously taken, prefer one who is interested in the affairs of the bank as a depositor. The permanent organization of depos itors was perfected last night and meet ings will be held as frequently as there is business to transact. By-laws were adopted, officers were elected and an ex ecutive committee of three was author ized, but not named, to act with the president and vice-president. The officers are: President, Dr. S. J. Barber: vice-president, J. O. B. Sfobey: secretary, W. P. Swope; treasurer. Fred T. Merrill. The depositors adjourned to meet on the call of the chair. TWO CONCERTS TODAY The Kilties Will Play at the Armory This Afternoon and Tonight. It is not often that perfection in dancing and playing Is to be found in one person, but Angus McMillan Fra ser, the bagpiper with the famous Scotch-Canadian band, the Kilties, is not only the champion bagpiper but also the American champion sword, highland fling and sailor's hornpipe dancer. Mr. Fraser is a notable repre sentative of a noble race, and brings to his work that regard for it that Is necessary In all successes. He enjoys his dancing and playing almost as much as those who hear and see him, and though It is by no means easy, he is on the programme at every concert given by this great band. The costumes worn by the Kilties are true Scotch highland plaids, and their brilliancy Is only equaled by the play ing of those who wear them. Mr. Fra ser is a distinct acquisition to this famous band, and his grace and agility as well as his musical ability are a constant source of admiration to those who see and hear him. The Kilties will appear at the Ar mory this afternoon and tonight. The concerts are under the auspices of the Third Regiment and First Battery, O. N. G. RENTS AND ABSTRACTS Tenants who have heretofore paid office, store or house rent to The Title Guar antee & Trust Co. are requested to call and pay as usual at the same pl:.ce; and those parties who had unfinished abstract business with the company can now come and complete their arrangements GEORGE H. HIL.L, Receiver. WIDELY DIVERGING VIEWS Oil HO L Lawyers Differ Regarding the Validity of Acts of Pub lie Officers. ADMINISTRATIVE, SAY SOME For That Reason Valid, One Faction Contends Other Side Declares Such Acts Illegal, Except as Provided by Oregon Code. Whether or not public officers have a right to engage in any legal transactions during the holidays continues to be a bone of contention between local public officials. It is held by some that not only are all the acts of the County Clerk ad missible during the present holidays, but also all those of the County Commis sioners, of all Notaries Public, of the Sec retary of State, the State Treasurer, and of the Governor. The reason these acts can be done, it is said, is because they are purely ministerial. An opinion at variance with this, which is still held by some local lawyers, and concurred in by members of the local bench. Is that none of these officers has a right to do any act except as especially provided for in the Oregon code. Among those who view the matter in this light is Judge Cleland, of the Circuit Court. "I do not think any actions can be filed during the holidays," said the Judge last night, "because. If this were legally pos sible, there would be no need of the holi days. The chief object of the holidays is to prevent the payment of debts. If debts can he collected there is nothing for which to declare a holiday. If you say It Is ministerial to swear out an attachment, and to levy It, you defeat the prime pur pose of the holidays. "The County Clerk has no right to open his office at all, for It is not in his dis cretion to stand and say that this instru ment is ministerial and that this other one is Judicial. I do not dispute that a Judge may hear arguments during the holidays and decide upon them after the holidays, but the filing question Is the gist of the whole matter. Between the receiving of -papers, the Issuing of the writ of attachment and the seizing of goods there is no middle ground. None of these acts can legally be done." A different view Is held by Attorney John F. Logan. "There Is no doubt but that the County Clerk, County Commissioners, Notaries Publics the Secretary of State, the State Treasurer and the Governor may perform their work during the holidays as they would at other times," said he last night. "It has been decided several times by the Supreme Court that their work is min isterial. Actions even may be filed and summons served during the holidays, but I think the person upon whom summons was served would have ten days time after the holidays before he would be compelled to come Into court. It would not, of course, he legal for the court to make orders, nor for attachments to be made. "An act is ministerial When the law re quires that it be done, without allowing of any discretion in the malter. For in stance, all the business of the County Clerk Is ministerial, for the law requires that any Instrument presented to him for filing. If properly made out, must be ac cepted. "An act becomes judicial when the discretion must be exercised whether to do it or not to do it. For instance, the court must use his discretionary powers as to whether or not to issue a writ of attachment. The court may hear arguments, but must not render a decision upon a holiday, as he must use his discretion and Judgment in so doing." In volume 20. page 75, of the Ameri can State Reports, the case of Spalding against Bernhard, 78 Wisconsin, 368, Is given. In which a decision was ren dered upon the validity of judicial acts on legal holidays. The decision of the court In this case was: The approval of the bond of an assignee for the benefit of creditors, by a court com TnTssioner, on a legal holiday, assumlnr It to be the exercise of a judicial act. Is never theless valid within the meaning of a statute which prohibits any court from being open for the transaction of any business on legal holidays. Legal holidays are non judicial days only when made so by statute, and then only so far as they are expressly made so. In all other cases, the doing of Judicial acts on such days is valid. May M. 188S. C. H. Hammersley & Co. made a general assignment to the defendant. Eernhard. for the benefit of their creditors. The assignee made and executed his bond, and the same was approved, May 30. 18SS. June 2. 1888. this action was commenced by the plaintiff, a corporation of the State of Illinois, against the assignors, and the gar nishee papers were served on that day upon the assignee. July 27, 18SS, Judgment was entered in the principal action against the assignors. On the issues between the plaintiff and the garnishee a trial was had by and be fore the court without a Jury, and the court found as matters of fact, in effect, that such assignment was made May 29. 1888. and acknowledged on that day before a notary public; that in the execution of said as signment and the filing of the same and the inventory, the statutes were compiled with, except that the assignee's bond was by him and his sureties executed, and such sureties therein testified before the court commis sioner on May 30, 1888; that the affidavit as to the nominal value of the assets was made before said commissioner on that day, on the reverse side of the bond; and upon said bond was indorsed, in writing, an ap proval of the same, both as to the firm and the sufficiency of the sureties, by said com missioner. May 30, 1SSS; and that same was filed on that day with the clerk of the Cir cuit Court by said commissioner: that the consent in writing, of said assignee to take upon himself the duties of said trustee, was dated May 30. 1S88; that the certificate of same commissioner, and copy of the as signment was made upon that day. By virtue of this assignment the assignee took possession of the assignor's stock May 31. 1888. and after the stock had been inventoried the In ventory was filed with the clerk June 5, 1888. As conclusions of law the court found, in effect, that said assignment was void upon its face; that said assignee could not hold the property of the firm thereunder; that the plaintiff was entitled to judgment against the garnishee, and the same was ordered accordingly. The garnishee appealed from the judgment entered thereon. The only question was that of whether or not the) assignment was void by reason of the execution of the bond on a holiday. The court's decision was that this did not invalidate It. S. H. Gruber, a Portland attorney, in a letter to The Oregonian, takes the view that the only safe course is to avoid doing any legal business if pos sible during the legal holidays. Mr. Gruber quotes the Wisconsin case above referred to and then says: "In the State of Oregon it has been held in effect (17 Oregon, 564-576) that service of process issued from any court upon a legal holiday is Irregular and may oe pleaded in abatement or set aside on motion, but that service of a notice of an election contest is not technically a process and is good if made on an ordi nary holiday; that a summons In Ore gon is not, however, technically speak ing, a process. "What the Supreme Court may hold as to the transaction of legal business during what we now terra 'holidays' other than Sunday, when the matter is squarely presented before it, is one of the things that no one can definitely know. S$ that the only safe course is not to do any legal business where It Is consistently possible to avoid doing so, and thereby be on the safe side." As to the County Clerk's office. Mr. Gruber believes the law is mandatory for the County Clerk to keep open. HOLD UP NEW STREET WORK Bank Holidays Prevent Advertising by the City. When the question came up yesterday at the meeting of the City Executive Board as to the legality of awarding con tracts or ordering new street work and sewer construction requiring advertising during the bank holidays, City Attorney Kavanaugh advised the board against transacting that class of business, declar ing that it might leave an opening for future litigation. Acting on this opinion, all petitions for extension work, even though approved by the several commit tees to which they had been referred, were laid on the table to be taken up when the Governor ends the bank holi days. The City Attorney decided that bids for the construction of the Union avenue bridge across Sullivan's gulch might legally be opened, but that further action would better be deferred until the holi days have ended. Upon opening the bids it was found that the International Con struction Company, of Seattle, offered to perform the work for $74,530; Robert Wakefield, Portland, $73,137, and Indian apolis Machine Company, $74,985. The board ordered the payment of cur- PORTRAIT IS ONLY ADDRESS ON LETTER, BUT MAILCARRIER DELIVERS IT TO WILCOX DENIES THE STORY Sol Intrrcxted In Reorganization of Merchants National. There was current yesterday a rumor to tHe effect that arrangements had been concluded for the reorganization ot the Merchants' National Bank with T. B. Wilcox as president and J. Frank Watson as vice-president. The same tort hints at an increase In the cap- ,I,U, - "W1'1""" ' ; ' ISu i ' . . - iBBfiBjjjiiS PORTLAND stands in the top rank in postal affairs, not only in the in crease of business done year by year, but also In the brains and general ability of Its working force. It was a genius in the dead letter department In Wash ington who unraveled this address: WOOD, MASS. He made it out to be "Mark Under wood, Andover, Massachusetts," which is considered the best piece of work of its kind ever done in the postofflee de partment. This man has a counterpart In Portland In the person of W. J. McGlnnls, a native Oregonian, who car ries the city route with the significant number of 100. One day last week W. T. Shepard. mall clerk of the Portland Hotel, for various reasons of his own which he blushingly refuses to reveal, dropped a letter Into the mall box bearing for an address only the portrait, clipped from a local magazine, of a certain young woman. The address contained nothing else to direct the postal authorities ex- (Mi wo. zoo cept the word "For" nd an arrow point ing to the picture, both in blue pencil. Then Shepard awaited results. He mailed the letter at 7 o'clock in the morning, it reached Carrier McGinnls" hands at 8 o'clock and was in the hands of Miss Monroe, in the Hamilton build ing, by 10 o'clock the same morning. When the letter reached the distributing room of the postofflee It was rapidly passed from man to man until McGlnnls saw It. He did not know Miss Monroe, nor had he ever seen her, but he remem bered seeing the picture "published somewhere." as he expressed it later. With a dim recollection of where the probable owner of the letter could be found, McGlnnls showed the picture on the envelope to the elevator boy in the Hamilton building. This youth promptly recognized the portrait and directed Mc Glnnls to her office. Miss Monroe received the missive with some uncertainty, but on opening It assured the carrier that the letter was Intended for her, rent bills, as approved by the various com mittees. The Building Inspector returned approved a number of applications for repairs and alterations that had been referred to him for examination. Chief Campbell of the fire department presented a report of his observations while on his recent trip through the East. It was re ferred to the fire committee. Petitions for the Installation of arc lights on various streets were approved by the committee and the lights were or dered put in. The Pacific States Tele phone & Telegraph Company was granted a permit to lay conduits In certain streets, provided the streets be restored to their former condition when work Is finished. Max Fleischner. chairman of the jlre committee, reported to the board that no Insurance Is carried on the fireboat George H. Williams, nor on the firehouse. He stated that the fireboat cost $70,000 and the house $11,000. THE THEATERS What the Press Agents Say. ISABEL IRVIXG AT THE HEILIG Souvenir Matinee This Afternoon. Last Time Tonight. There will be two performances at the HetllR- Theater, Fourteenth and Washing ton streets, today. A special souvenir mat inee will be srlven ai 2:10 o'clock and the last performance at 8:15 this evening. The attraction will be the charming actress. Miss Isabel Irving, supported by an excel lent company ot players, in Clyde Fitch's latest comedy drama, "The Girl Who Has Everything." Bach lady attending the mat inee this afternoon will be presented with an autograph photograph of Miss Irving. "HEIR TO HOORAH" MATINJ2E Armstrong's Great Comedy at the Marquam Tonight. This afternoon there will be a matinee performance of Paul Armstrong's popular comedy. "The Heir to the Hoorah." and the final performance will occur tonight. The present company Is one of the finest that has ever appeared In the piece that has been one of the most popular that has been pro duced In recent years. First made famous by Guy Bates Post In the leading role, it has commanded wide attention from both the press and public. Every member of the cast Is an actor of standing and the pro duction is the best which has yet been sent out. During the present engagement the public has literally gone wild over both the play and the performance. This afternoon and tonight will see the close of the en gagement. J 'ADVEXTtRE OF LADY CKSTJLA' Matinee and Tonight Closes Week of Charming Hope Comedy. Those who have not Been the Anthony Hope comedy, "The Adventure of Lady Ur sula," at the Baker this week will regret it if they do not go either this afternoon or tonight. This has been the first Portland production of the piece at other than high prices, and critics have declared that the Baker Stock Company's performance Is on a par in every way with the very best ever seen here. Empire Matinee Today. "Human Hearts' will be seen but twice more this season at the Empire, and Chat will be this afternoon and tonight. The play la as great a favorite as ever, and has drawn good sized audiences at every per formance this week, despite the unfavorable conditions and the fact that it has been seen here bo often before. This speaks well for Its immense popularity. A Hero Matinee. The matinee at the Lyric this afternoon will be a real feast for veterans of the Spanish -American war and their families, for the play presented by the Lyric Stock Company Is the one successful drama ever written regarding that memorable strug gle. It Is the closing bill of the present Lyric Company. "Ieadwood Dick" Tonight. The last appearance of that dashing, young Western army scout, "Deadwood Dick," will be at the Star Theater this evening. There will be a matinee. So great has been the demand to see this play during the week that the theater has been playing at the top notch of capacity since last Sunday. It Is a typical Western play. COMING ATTRACTIONS. John Cort's Comic Opera The Alas kan" at the Heilig Tomorrow. The staging of the new comic opera hit, "The Alaskan," which begins a four days' engagement at The Heilig Theater tomor row night. Is decidedly picturesque and was directed by Max Figman. There are two acts, the first depicting the mild Sum mer and a gold mine In full operation, and the second the interior of a Nome bunga low on New Year's eve. A dozen real Alaskan dogs are Introduced. The story abounds in romance, adventure and humor. Introducing a stranded opera company and their manager and an Alaskan pony ballet. When Johnny Comes Marching Home The san Francisco Opera Company will return to the Marquam on Sunday night after its brief road tour and will open the new week In a splendid performance of the brilliant Civil war comic opera, "When Johnny Comes Marching Home." The piece scintillates with beautiful musical numbers and bright wit and the company is perfectly at home In the various roles. "The Pit" Tomorrow. The Baker Stock Company's production Of "The pit" will open tomorrow afternoon, and this will be the biggest stock produc tion ever seen in Portland up to the pres ent time. This play "Is a powerful story of modern finance, in which everyone is more or less interested just at this moment, and In the great Chicago wheat-pit scene one of the largest mobs that has ever been shown on a local stage will be seen. "A Wife's Secret" Opens Sunday. The Empire will have a strong emotional play, new to Portland, all next week, open lag with the matinee tomorrow afternoon. This will be Spencer & Aborn's "A Wife's Secret," with Grace Bayley, a young and pretty emotional actress, in the Important role of the persecuted and wronged wife. The plot Is new. Allen Company Monday Night. The famous and ever-popular Allen Stock Company will return to the Lyric for an Indefinite engagement on Monday night, opening In that side-splitting farce-comedy, "A Stranger in a Strange Land." This or ganization needs no introduction to Port land audiences, having already won a warm spot In its affections. As formerly, Verna Felton will be seen In leading roles, sup ported by a strengthened company. "Dangers of Working Girls." Tomorrow afternoon and all next week the attraction at the Star theater wiU be "The Dangers of Working Girls." a new melodrama which made a sensation in the East laat season. It Is unlike any other modern melodrama which has been pre sented on the local stage and will be found of absorbing Interest, with a sufficient amount of comedy. AT THE VAUDEVILLE THEATERS See This Act at Grand. An set representing $10,000 Is the head line attraction at the Grand and will con tinue until tomorrow night with the usual Sunday matinee. This is the trouoe of trained tropical birds of Rosa Xaynon, an act which Is alone in Its class, there not being another such collection of trained birds In existence. Besides this act there IN THE SUNDAY OREGONIAN TOMORROW Fluffy Ruffles as winnar of the big event at the Horse Show. "Groin' Fishin'," full-page illustra tion in colors, from a local prize-winning photograph. Irving I. Cobb's humor, being com ment on the Utes and on Indians generally. Men who won fame before they were 30, by Dexter Marshall. - Southern Pacific clubhouses for em ployes. These kill the saloons. Customary features and depart ments. Order from your newsdealer today. AUTOMOBILISTS! TIME'S UP! This is the last chance to get MOTOR and SUNSET MAGAZINE at Half Price SUNSET MAGAZINE . $1.50 per year MOTOR . $3.00 per year BOTH $4.50 FOR $2.25 A J two premiums, a beautiful pic- xTlIICI JP ICC ture of Santa Barbara Mission, and one of Yosemite Valley, both in colors; mount ed, ready for framing or hanging in your room or den Send this advertisement with $2.25, stamps, money order or check to SUNSET MAGAZINE 202 FLOOD BUILDING San Francisco, California NOTE: The subscriptions may be new or renewal, and may be sent to the same or separate addresses are many other embracing fun and music as well a novelty. Pantages Big Comedy Hit. Don't miss the laugh of the season In th Bunth and Rudd ct at pantages thla week. They were the funniest men that ever hit Portland. Ask anyone who has been at the show thla week. In addition to these bl hits there are seven other good acts and It Is a show that you will enjoy Immensely. Don't miss Bunth and Rudd, though, by any means. MacMahon Speaks for His Covr. PORTLAND, Not. H. (To the Editor.) This is an open letter to Thomas Hunting don, in reply to his communication recently published In The Oregonian, headed "Watch man. What of the Cow?" After the stealing of my cow, she was bitten by a four-percent thanatophldian snake; she was cared for and cured by Mother Woodcock and then given by her in trust to a Scotch banker, who milked her dry. converted her Into a white elephant and mortgaged her to a corporation that in turn foreclosed the mortgage, painted her red and. In charge of a Prohibitionist, sent her down to purgatory, where she Is now under going punishment for the sins of the Inquisi torial Club and the mephlstophelian finan ciers of "my haunted holiday bank." MACMAHON. 1 BBBaSBBBBBBBBBBBSJBJBBBr Km Shopping rTT " are enjoy- lllDS able but fatiguing; a cap of Ghirardelli's Cocoa for breakfast helps wonderfully, It is so sus taining as well as deli dons. Before returning home dont forget to Order a Supply of Ghirardelli's Cocoa T