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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Sept. 17, 1908)
THE MORNING OREGONIAN, THURSDAY, SEPTEMBER 17, 1908, 8 PORTLAND. OREGON. Entered at Portland. Oregon. Poetofnce as Cecond-Claaa Matter. toubacriptkm Bales Invariably In Adrance- (Br Mall.) Dally. Sunday Included, on rear J Dally. Sunday Included, six montha.... 4.2; laiiy. Sunday included, three, montha. Z-2 Dally. Sunday Included, one month. ... Dally witbout Sunday, oat year...... J 00 Dally, without Sunday, six montha ., 3.25 Daily, without Sunday, three montha.. l-i Daily, without Sunday, one month t) Weekly, one year Bund... An. v . ........ 2-00 bunder and Weekly, one year. (By Carrier.) Daily. Sunday Included, ono year s-00 Dally. Sunday Included, one month 75 How to Kerolt Bend poatofflce money order, express order or personal check on your local bank. Stamp, coin or currency are at the aena?ra rlea- Ulve poatoince M oreas In full, Includlar; county and etate. Poetsge Rates 10 to 14 paces. 1 cent: 14 to 23 paa-ee, z ceou; u lo pagea, a eenta: 46 to AO pacea, 4 cents. Foreign yel- ace oouoie rates Eastera Baatneas Office The 8. C Beck- with Special Agency New York, roomo 48 to Tribune bunding. Chicago, rooma 610-alZ rioone ouuaing. POBTLAND. THIRKDAY. SEPT. IT, IMS. PROTECTIVE TARIFF AND PARTIES In general, the course of the two parties on the tariff has been the came In principle if It may be called a principle. Both have stood for pro tection; nor is either likely for a long time yet to discard it. The difference between them has been mainly this, that one party has favored protection of particular classes of commodities, produced tn certain parts of the coun try, while the other party has favored protection of other particular classes of commodities produced in other parts of the country. ' This has ap peared in the legislation first of one party and then of the other; and If protection Is an abuse of the tariff system, this see-saw may be consid ered as an abuse of protection itself in the name of protection. Thus, the nature of things, not ab stract principles nor academic specu lations, govern largely the action of parties and the course of politics, There are Democratic states that con tend as strenuously for protection as any of the Republican states do. For example, several of our Southern states fight as hard for retention of protective duties on sugar, rice and semi-tropical fruits as the Northern States along the Eastern Canadian border contend for protection on hay, cattle, poultry and lumber. Tou see, the tariff, as General Hancock sagely remarked, is mainly a local question. If the Southern states did not grow cotton for export they would demand high protective duties for this great product, and would get them, too. Herein lie the reasons why protec tive tariff is not, nor can be made, a party question, nor solved by party action. The, South is making prodigi ous strides In the manufacture of iron and steel and of cotton goods. Tou will not find the Democratic party, when it comes to revision of the tariff, consenting to free trade in these goods, or even to considerable reduction of the duties. It Is easy to expose the subterfuge that "in tar iff legislation the true principle is best maintained by imposition of such duties as will equal the difference be tweeen the cost of production at home and abroad, together with a reason able profit to American industries"; but this was as much an argument for the Wilson tariff, enacted by the Democratic party, as it is now for the DIngley tariff enacted by the Re publican. Bryan affects to denounce the application of the so-called prin ciple; but his party cannot get away from it. Protective tariff, therefore, is not, nor can it be, under present condi tions, a party issue to the extent many suppose, or affect to believe. It becomes a party issue only In the changes to be made, to suit local or political interests in various localities. "Whichever party may remain in power, "protection" will be continued, following mainly the lines of the Wil son bill on the one hand or the Dingley act on the other. STLTAN Ml'LAI HA KID. The Interest of the United States in the Moroccan question is not very grsat, being confined to our desire that Americans in the land of the Moor may be protected and receive fair treatment. The fact, however, that this country was a party to the Algeclras agreement leaves us not altogether disinterested spectators of the Important change now taking place in Moroccan affairs. Paris and Berlin cables in The Oregonlan state that Mulai Hafid has promised to abide by the terms of the Atgeclras agreement. This is encouraging., for one of the principal reasons for his hostility to his defeated Drother Abdul Aziz was because the latter so readily acquiesced in the demands of the powers. As soon as that agreement was signed, Mulai Hafid went on the warpath, preached the "holy war" against the pretenders, and kept up such a stiff fight that he finally suc ceeded in driving his brother from the throne. But accompanying the news of his willingness to abide by the terms of the Algeciras agreement is a Franco Spanish note to the powers contain ing a number of new features not covered in the old agreement. This note quite clearly points out certain obligations that must be met by Mulai Hafid before he will be officially rec ognized as the successor of Abdul Aziz, and "affirms the right of France and Spain to secure the reimburse ment of expenses incurred in the es tablishment of order at Casa Bianca and their decision to reach a mutual understanding for such reimburse ment with the Moroccan government." There are numerous other demands made on the new Sultan, among them, that Abdul Aziz and his functionaries shall receive "honorable treatment" from the victors, and that debts in curred by them shall be paid by the new regime. Some of these demands are said to be unfavorable to Germany, notably that of reimbursement of the Casa Bianca damages. As France had to do about all of the fighting and has for a long time been the "police force" for the powers in Morocco, it la hardly probable that Germany win receive much support in her conten tion that France and not Morocco should pay for that police work. Throughout the fighting that has been in progress between Mulai and his brother, there has been a general disposition on the part of the powers to remain to a considerable degree im partial, for Mulai Hand, as his suc cess proves, has a hold on the Moors that Is sufficient, were he disposed to use it, to make no end of trouble for the "invading infidels." Mulai Hafid the Sultan and Mulai Hafid the Pre tender, however, may stand on differ ent platforms, and, in return for the undisputed possession of the throne, he may be willing to make the conces sions demanded, even though Germany In the background may wish to see the demands of France rejected. THE COLORED MAX'S FRIEND. Mr. Taft assures the colored peo ple that his heart beats hard, fast and long for them and is still in the right place. All this to a delegation to inquiring colored gentlemen who called on the Presidential candidate at Cincinnati. That's very well, in deed. . Now cannot some enterprising campaign manager induce a delega tion of the Afro-American League to call on Mr. Bryan and learn where that good man's heart is? What a generous and hospitable welcome they would have. Bryan wants to see them of course, and to assure them that the great Democratic party Btands first, last and always for equal rights to all, a free ballot and an honest count. The strangest feature of this cam paign is the undoubted defection of numbers of colored people who are evidently going to vote for Bryan. No Democratic President ever can or will do anything for the colored voter, and the colored voter knows it. Further, the Democratic party, if ever in com plete control of the Government, will make it more than ever impossible for the colored people to have the ballot in the South or social recogn! tion South or North. The colored voters know that, too. But some of them are going to vote for Bryan all the same, just to show their pique and resentment against the Republican party for the nomination of Mr. Taft, who is unquestionably their friend and would be, so far as possible, their pro tector. It's a queer, queer world. GRAIN PRICES SOARING. The Chicago wheat market yester day got well over the dollar line for the cash article as well as the De cember and May options. This brings prices up several cents higher than at a corresponding period last year, "with an excellent prospect for con tlnuation of the same figures or pos sibly higher ones for the remainder of the season. As the government figures place the total 1908 wheat crop at 667,000,000 bushels, or 32 000,000 bushels .larger than that of last year, the effect of the present prices on the general trade situation will prove highly beneficial. Corn is sharing in the strength of wheat, and sold yesterday in the Chicago market at 10 cents per bushel above last sea son's figures at a corresponding date. As a wealth producer, the coarser gram is even more important than wheat, for the crop is estimated at 2, 695,000,000 bushels and the price yes terday was 67 cents per bushel. While neither of these crops is a rec ord breaker for size, both are so far above the ten years' average, and the price .is so much higher than the av erage for the past twenty years, that returns for the two crops will break all records. As the high prices which are now quoted in Chicago are but a reflection of the European strength. dependence of the foreigners on this country for bread supplies will In sure us against any decline of conse quence before another crop is avail able next year. Our shipments to other countries are now averaging about 6,000,000 bushels per week, in cluding flour, and, as the average at tidewater will be something more than $1 per bushel, it Is clear that wheat alone is building up a trade balance abroad which may later prove a very comforting asset. With the marketing abroad of the surplus of this enormous grain crop and a big cotton crop, this balance may assume proportions that will have an Important bearing on money rates abroad. So long as the Ameri can money market is as well supplied with cheap money as it is at this time, there will be no great incentive to bring home the pay for this big sur plus of farm products which we are selling to the foreigners, and it is not at all improbable that many millions will be permitted to stand to our credit abroad until there is greater need of it at home than there is at the present time. The grain crop of the Pacific North west, while ranking well up with the average for the past ten years, is much smaller than that of last year, but growers have been favored with abnormally cheap ocean freights. This pleasing feature, with a strong market abroad, will result In net re turns to the farmers not very much below those of last year's record- breaking crop. Aside from these cheap freights and high prices, the Oregon and Washington farmers are better oft" proportionately than those east of the Rocky mountains, for the present fairly good crop is following a record-breaker which left the grow ers In good shape financially, while the entire country east of the Rocky mountains last year had a very poor wheat crop. MEMORIALS OF LONG AGO. Of interest, not only to all Oddfel- inn, Kut tn all survivors of the immi gration of 1852 who crossed the plains to the Oregon country in tnat year is a weather-beaten pine board that was lately found on a high bluff overlooking Snake River, on th6 old Oregon trail, seven miles from Twin Falls, Idaho. Dimly traced upon this board the headboard of a grave the location of which could not be deter mined are the three links, symboli cal of Oddfellowship. The name, "H. S. Webb," and the words, "Died Au gust 13. 1852." complete the brief story. Beyond this. Neither love nor hope, nor Joy nor fear Has left one trace or record near. The finding of this rude headstone will recall to memory many a grave made by the wayside and left to the silence and loneliness of the desert and its obliterating sands in that fate ful year. Ignorance of the dangers that beset the journey across the great plains at that time, infested as they were by wandering bands of warlike t n rii u no atnnri thpaa Immigrants in the stead of courage. No man would have undertaken the journey with a helpless and defenseless family under such conditions had he realized the awful responsibility of the undertak ing. But ignorance could not stand in the stead of knowledge when dis ease overtook the Immigrant. Hence the wayfarers dropped out of the marching ranks by scores and were given uncoffined sepulture by the dreary wayside. " Each grave was marked, as was that of H. S. Webb, by a simple headboard of pine, in which name and date were rudely cut. Future identification was notM thought of when this headboard was placed. It was a simple tribute of love and memory, left to the storms and sands of the desert and by them soon obliterated. Yet, after all, these frail memorials were, only less ephemeral', than were the elaborately engraved slabs - of sandstone set up, in old Trinity church yard in a long-past generation. En vironed by civilization, carefully pro tected through the years from de facement by sacrilegious hands, these slabs are slowly yielding to the gnaw ing tooth of time, even as did the pine headboards left at the graves of those who fell by the wayside on the great plains, nearly three score years ago. That portion of our people whose thoughts turn backward in review, and especially those among us who left graves by the way side as we marched westward in the- advance ranks of civilization, will follow with interest the efforts of Boise Lodge, I. O. O. F., to learn something of the life and endeavor of H. S. Webb, whose name and affilia tion with the order have been re called by a weatherbeaten board left sacred to his memory in the wilder ness fifty-six years ago. THE PASSENGER AGENTS. The members of the American As sociation of Traveling Passenger Agents, who have been holding their annual convention at Seattle, will ar rive in Portland this morning for a two days' visit, and Portland people individually and collectively, should make it a point to see that every pos sible courtesy is extended them. This is a duty that Portland owes for past services, for it is pretty well under stood that no small share of the credit for securing a heavy outside at tendance at the Lewis and Clark Ex position is due to the traveling pas senger agents. These men represent every portion of the United States where railroads run, and, through the very nature of their calling, they make a more thorough canvass of the country than it is possible for any other railroad men to make. The splendid campaign conducted by these men in the interest of the Lewis and Clark Exposition brought forth excellent results, notwithstand ing the fact that but comparatively few of them had ever visited Port land. Now that they are here and can. see for themselves the attractions which this city offers for settlers bound west, they will in future be bet ter equipped than ever for presenting its advantages to those with whom their business brings them in con tact. Special rates for colonists and tourists have within the past . few years greatly encouraged passenger travel from all parts of the United States, and the west is drawing its full share of this new business. As the traveling passenger agent is the man who rounds up the greater part of the business, quite naturally he is in position very greatly to influence the routing of travelers. Their visit and personal inspection of the city and surrounding territory will not only satisfy them that the good things they have already said about Port land have been warranted, but will present to theni new features of this city and state, which will be of mutual extends to the visitors a most cordial welcome, hopes they will like the place, and that they will come again and remain longer next time. A DEPLORABLE Sl'RVITAL. Theological hatred dies hard. It seems strange at first thought that the passions kindled in England three or four hundred years ago, when "Bloody Mary" burned the Protestants at Smithfield and Elizabeth in her turn harried the Catholics, should still be capable? of bursting into flame; but they are. The announcement that the Church of Rome would hold an Inter national Eucharistic Congress in Lon don awakened the old sectarian feud in thousands of Britons, and the spirit which formerly forbade a legate of the Pope to enter England and made it unlawful for children to go to Catholic schools, or for a papist to ac quire land or hoi office or attend the universities, again broke forth. More than fifty different Protestant asso ciations, according to the information of the New York Sun, sought to pre vent the reception of the Pope's legate by King Edward and petitioned the Home Secretary to forbid the prom ised procession of the congress through the streets of London. In the mind of Protestant England there seems to be an ingrained dread of Catholic domination, which has made the progress of civilized legislation upon religious matters very tedious and which is ready to take violent alarm whenever the church of Rome shows signs of returning power. Almost sixty years ago, when a number of Catholic bishops were ap pointed to various more or less hypo thetical British sees, there was a great outcry as if the Pope had sent another armada to destroy the liberties of the island. The only real ground for alarm was in some slight advancqs which Catholicism had made' in the Oxford set and elsewhere, principally because of the irreligious sloth of the established church itself. Only lately there have been various church con ferences of world-wide membership in London, one of the Congregationalists, one of the Anglican churches, and so on, none of them exciting the slightest apprehension; but when. the Church tf Rome sent her papal legate, her six cardinals, including our own astute Gibbons, and a great multitude of bishops, archbishops and distin guished laymen, then Protestant Al bion began to gasp and tremble. The fact is that thousands of Englishmen believe implicitly that Rome still claims the religious and temporal sov ereignty of the whole world and only bides her time until the opportunity arrives to make good her preten sions. "She Is beautifully lamb-like now in the season of her adversity," these bigots argue, "but wait till some thing happens to give Rome command of the secular arm again and then you will see." To these susceptible imaginations Saint ' Bartholomew's Day, the fires at Smithfield and Alva's butcheries in the Low Countries are an ever-present vision which no rea soning can clear away. Consequently the Catholic faith has had a comparatively unpleasant time in England ever since the reformation decidedly triumphed under Elizabeth and the Episcopalian rite was estab lished by law. The consummate folly of the Stuart Kings made matters worse for the church which they de sired to favor. Openly or secretly Catholics, they did their best to de press the legalized Protestant rite and exalt the forbidden faith of Rome. The horrors of the reformation were too near to make such a course any thing better than madness. It re sulted in the final expulsion of the Stuarts in the person of James, the brother of the partly imbecile Charles II, the establishment of the Protestant succession by" impregnable statutes and a fury of Intolerance toward the Catholics. The House of Hanover to which belonged George III, execrated in the American colonies, fully shared the antipathy of its British subjects to the Church of Rome. When Pitt was Minister for the first time under this phlegmatic bigot, he wished to pass a Catholic emancipation act, and could have done so but for the intoler ant opposition of the King, and when George III permitted Pitt again to be come Minister in 1804 it was only on condition that he should drop the Catholic question. Emancipation had to wait until 1829, when it was rather forced upon England by her Irish trib ulation, and even then it provoked the celebrated Gordon riots of which Dickens makes so much in "Barnaby Rudge." Something had been gained for tol erance before that time, however. The Saville act, passed in 1778, repealed the prohibition upon land ownership by Catholics and permitted them to send their children to their own schools as well as to read mass. This was 180 years ago, and one would think that in all that time sectarian fear and bigotry had had sufficient op portunity to expire; but it has only been smoldering. The word "mass" is still ominous of terrible things to your English Protestant, and to see. the host carried In triumph through the streets of London is something which he cannot stomach. So the Brit ish and Catholic authorities put their wise heads together and effected a compromise: The procession, marched on Sunday, according to the plan, but the host was not borne. The wily King had an engagement to attend a horse race, and so could not receive the legate, vastly to his regret. Thus an open breach of the peace was avoided. In one respect at least Amef lean civilization is ahead of the Brit ish. We can behold all the churches otejebrate their rites with as much pomp as they like and it does not dis turb our equanimity in the least de gree. Some simply enjoy the show. Others make the occasion a religious festival; but nobody thinks of being frightened. The Chicago report that Harriman had secured control of the Chicago and Northwestern Railroad, while lacking confirmation, is not improb able not because the Wall street wizard seems to be getting a strangle hold on most of the railroads of the country but because the Northwest ern would be particularly valuable to the Harriman system as a connecting length east of Omaha. It is pointed out in the Chicago dispatch that the Northwestern under Harriman own ership could not . be regarded as a merged parallel road, but this seems uncertain when it is remembered that the Government has ignored dozens of paralleling merged roads near the Na tional capital, and came out to the west to declare the Southern and Un ion Pacific as "parallel and compet ing lines" and therefore not legally entitled to merge under one owner ship. If Mr. Harriman has secured control of the Northwestern his own ership will hardly be very firmly as serted until there Is less discrimina tion shown In the prosecution of merged railroads. "Extravagance of the Government" is a theme of the Bryan politicians and press, and of Bryan himself. But should Bryan and his party win, and should the appropriations that the many and various sections of the country want, need, have been ac customed to and must have, be cut off, there will be hell-to-pay; mind you that. Lewis Stuyvesant Chanler, nomi nated by the Democrats for Gover nor of New York, is the young man the identical young gentleman who last year fancied he heard a loud call from the country at large for him to become President of the United States. He is a young man with money and distinguished' ancestry; but his hearing 1b bad. The New York Democrats are much worried that the "reform promises of Governor Hughes on ' which he was elected have not been kept." That's really delicious. But what would the Democratic platform have had to say about those Hughes reforms if Hughes had not been renominated? Says the Pendleton East Oregonian: "The men who asked for ballots for the Republican primary said, in ef fect, that they were Republicans." Yet a large proportion of them lied. They voted for Chamberlain, and will vote for Bryan. ' ' Boss Parsons and Boss Woodruff voted for Hughes and Boss Barnes moved to make it unanimous. New York is famous as the place where the machine politicians smile when they take their medicine. Those German balloons all seem to be able to stay up in the air unless the wind blows stiffly or something hap pens, which It usually does. The Ger man Wright Brothers have not yet appeared. In his appeals for party harmony Pacificator McHarg is likely to find that each Oregon Republican faction will set a noble example of harmony with itself and no others. Mr. Bryan invaded New York yes terday to the extent of fourteen speeches. One cannot be sure that it was one too many or nine too few. Only three more days of this su perb weather and the State Fair will have survived the week without rain. But we anticipate, of course. A good warm spanking, says a Chi cago educator, is the best cure-all for the impudent high school "frats." Then why don't you 1 ISSUE IX MAINE WAS PROHIBITION Why the Normal Republics Majority Was Reduced. From Raymond's Portland (Me.) Letter to the Chicago Tribune, Sept. 13. When the issue as to the resubmis sion of Prohibition to the people was forced Into the campaign two years ago and the Democratic candidate cut down the Republican majority to less than. 8000, it was generally assumed the question would come up this year and that both parties, without commit ting themselves as to whether Prohibi tion was a good thing or not, would in some way agree on the law, giving the people a chance to say whether they approved of the action of their fathers and grandfathers some 62 years ago, when Prohibition became a fixed fact In Maine. The Democrats were openly in favor of the test two years ago, and of course, were sure to take the same ground in the present campaign. Supposing the Republicans would back htm up, William T. Haines, of Waterville, one of the warhorses on the Republican side, came out openly for submission of the prohibition law to the people and announced his candi dacy before the Republican convention on that basis. He was immediately opposed by Bert M. Fernald, of Poland, who took the other tack. He Insisted the people were satisfied with the law as It stood and that a submission of the law as it stood at a general election would only open a way for the demon rum to poke his head once more into the state. a a , Fernald made his campaign within the party lines and the result of it was that Haines was snowed under and his defeat was so complete his name was not even presented to the state con vention. Having settled the matter within the party lines, the Republicans assumed that submission of the prohi bition law was a dead Issue and they began the present campaign with that idea constantly in view. Having come so near winning two years ago. the Democrats began this campaign by putting up the strongest man they have in the party at the present time. This Is Obadlah Gardner, of Rockland. He was master of the State Grange for ten years or more and is well acquainted with the whole state. From the outset Gardner has con ducted a rattling campaign. Although a Bryan man himself, he has refused to pay any attention to National poll tics in the present campaign, and he is carrying on the fight so vigorously the Republicans have been obliged to meet him on the question of resubmis sion of the prohibitory law. Gardner has swept up and down the state, and everywhere he has gone he has left traces behind him of the Re publican disaffection. He is a teetotal er himself and personally believes in prohibition If It could be enforced, but he has charged the Republicans with cowardice and hypocrisy In refusing to give the public a ehance to have their say on a law which concerns the daily life of every man, woman and child in the state, and which was passed be fore a great majority of the voters were born. see To make things worse for the Re publicans, the Democrats have a better organization this year than ever before In their history. If the latter had been compelled to make the campaign on National Issues they would have lost before they started. By stickling close to the prohibition Issue they have elim inated Bryan and the National Demo cratic ticket and In this way may break down party lines to such an ex tent as to give their candidate a ma jority. Although Haines was overwhelming ly defeated in the Republican factional fight, there Is no doubt there are many thousands of Republicans who honestly believe the prohibition question should be put up to the people once more. How. far they will go in voting for a Democrat even the best judges in Maine are unable to say. Some of the dissatisfied Republica'ns will stay at home next Monday and then come out in full force at the No vember election to mark their dissatis faction with the present party- man agement. Others will go directly over to the Democrats on the state issue and vote for Gardner. Still a third lot of Maine Republicans, after grumbling and growling, will in the end go to the polls and vote -their party ticket as they have been accustomed to do. It is safe to say there are enough dissatis fied Republicans to elect Gardner If they all voted for him, but it will take the election, itself to determine how many of them will make good on their threats. Every estimate is that Taft and Sher man will have a majority in Maine two or three, times as great as that for Fernald, the Republican candidate for Governor, assuming he wins at the polls next Monday. "How This World Is Given to Lying-!" Polk County Observer. The Portland Journal recently pub lished a table compiled by the Secre tary of State, showing the registration of the various parties In Oregon up to May 15 of this year, and giving the Republican registration at 80.921 against the Democrats' 28.788. The table was published for the purpose of disproving the claim that many Demo crats registered as Republicans in the recent state elections for the purpose of overthrowing the Republican candi date and electing Chamberlain. The figures in this table Indicate something else which might be mentioned also, and that other thing Is that It Is con siderable of a Jump between the Demo crat 28.000 and the Republican 80.000. In spite of the fact that Oregon's non partisan (?) daily is continually having cold chills up and down its spine as it tells each day how thin, how awfully thin and attenuated. Is the margin by which the big Ohloan may hope to carry this state. Having- Tried It Out. Yakima Republic. - The direct primary system travels over the country professing to be a reform that will enable the people to express their will. In that respect it Is a hollow mockery, for the simple but insurmount able reason that It rules the majority out of business. The people cannot express their will through minorities. Just as soon as they grasp this idea, they are going to cease to regard the results at the primaries s binding on them, or even of special interest. Then our reformers will give us the blanket ballot, and try for a while to show us that we don't need political parties. After that, per haps we shall come back to our senses. Sarvtvlna; "Llorn of Confederacy. Washington (D. C.) Despatch. Simon Bolivar Buekner, now In his 86th year, has the distinction of being the only surviving Lieutenant-General of the Confederacy. General Buekner, despite his advanced age, is far from being inactive, and in the last few months has taken a leading part in the fight against the lawless Kentucky "nlghtrlders." who have been destroy ing tobacco fields and spreading terror throughout the state. Bryan's Old "Paramount Issues." Brooklyn Eagle. We should like Mr. Bryan to show that his renunciation of. his refuted proposi tions is due to his acquired disbelief in them, and that his renunciation of them is not merely temporarily suspended, to be resumed, should he be elected; but he has not yet made that plain. LEWIS WILL PROBATED Larger Part of Valuable Property Left to Widow. The will of Leon H. Lewis, disposing of property estimated to be . worth $50,000, was admitted to probate In the County Court yesterday. Lewis died September 7, leaving a will dated April 12, 1907. It provides that his sisters and brothers shall receive $2000 each. Six of his eight nephews and nieces are to receive $1000 each, both the $2000 and J1000 bequests to be paid within a year by Cecelia Lewis, the widow, who Is named as executrix. The remainder of the property Is to go to her. At her death half of her property is to be divid ed equally among the six brothers and sisters, after the six nephews and nieces have received $2500 each, in addition to the first bequest. The other half of the property remaining at the widow's death is to be disposed of by her as she sees fit. The brothers and sisters of Mr. Lewis are: Annie Nathan. Sadie Gregory. Kate Halbertsadt, Hattie Cook, Bamet Lewis and Godfrey Lewis, all of San Francisco. The nieces and nephews re membered in the will are: Minnie Lewis, Alice Halberstadt. Florence Newman, Edward L. Strauss, Lawrence H. Strauss and Rebecca Rosenthal, the lat ter of Portland, and the others residing in San Francisco. Notes and mortgages held by the es tate are valued at 117,600; cash, J500, and the real estate at $31,000. A half lot on Third street, between Yamhill and Taylor, is valued at $7500; a quarter block at Glisan and Eighteenth streets at $15,000, and 140 acres in Multnomah County at $,-j0. Levi May, Henry Tau benhelmer and David L. Stearns have been appointed by the court as apprais ers. DISTRICT NOT HELD LIABLE Not Responsible for Negligence of School Directors. Whether or not a school district can be held responsible for the negligence of Its directors was the question raised by a demurrer to the complaint of In-man-Poulsen & Company against School District No. 1. In passing upon the question yesterday morning. Presiding Judge Gantenbeln, of the Circuit Court, decided that the district cannot be held liable. Under the Oregon law. no lien can be filed against school buildings. To insure from loss persons supplying materials to contractors for school buildings, the Legislature of 1903 provided that school directors must require contractors to give bonds sufficient to cover the price of the materials. The contract for re pairing the building !n District No. 12, which has since been consolidated with No. 1, was let to J. R. Clark and F. A. Simpson in August, 1904. Lumber was purchased from the mill company in the Fall of 1905, and $335 is alleged to be still owing on the bill. The board of directors. O. E. Lent, Henry Chapman and Ira E. Allen, failed It is alleged, to require any bond from Clark & Simp son. JUDGE REFUSES - REQUEST Defendants In Assessment Case Must Adopt a New Course. The attorneys for Nottingham & Com pany and Joseph Paquet, in the suit brought against them by the City of Portland to collect their portion of the assessment for the filling of East Wash ington street between East Water and Grand avenue, asked Judge Bronaugh to refuse to receive the verdict of the Jury when it was returned yesterday. This the Circuit Court Judge refused to do. The only remedy for the defendants is to make a motion to have the verdict set aside. The defendants refused to pay their assessment, asserting that 40 cents a yard for filling the East Side gulch and bringing the street to the required level, was too much. The jury decided that Nottingham & Company must pay the citv $2361, and that Paquet must pay $1184. Indicted Persons Will Appear. Of the persons Indicted by the grand Jury Tuesday night, 12 will be arraigned before Judge Gantenbeln. in the Circuit Court, this afternoon at 2 o'clock. They are: E. G. Adams, charged with ob taining money on false pretenses in two instances; Hugh Walthrew, larceny from a steamboat; Lillie Morse, assault and battery: P. H. Trigg, assault and bat tery; Oscar Hanson, statutory offense; Rose De Cico, assault and battery; H. A. Collie, assault: Adolph Adler, extor tion; J. A. Hogan, assault; Chester C. Holloway. assault with intent to kill; Joseph Tlckey. assault; James Hill, lar ceny in a store. Injured Woman Brings Suit. Suit against the owners of the Mar quam building to recover $25,000 for per sonal injuries sustained in an elevator accident April 28. has been filed In the Circuit Court by Mrs. Julia J. Rice. She was formerly Miss Julia J. Porter. The complaint charges that although the ele vator was unfit to be operated, it was being run, and fell several feet as she attempted to board it on the seventh floor. Her foot was broken and the doc tors' bills were $370. The Oregon Com pany is named as the owner of the build ing. Property Goes to Mrs. Peiffer. Tne will of Anton L. Peiffer was ad mitted to probate in the County Court yesterday morning, upon the petition of the widow. Wtlhelmina Peiffer. All the property goes to the widow with the exception of $7. which Is to be divided among two children and five grandchil dren. The Peiffer estate Is valued at $15,000. Including $13.000-stock in the Peiffer Bros.' Leather Company. Mr. Peiffer died April 6, 1902. The will was made December 22, 1900. Estate's Value at Issue. Eliza J. Scott and Pearl Scott have been cited to appear in the County Court September 18, at 9:30 A. M., to tell what they know regarding the estate of Grant Scott. The petition for issu ance of letters gives the value of the estate as $300. but John C. Shlllock. the attorney for John B. Coffey, administra tor, is of the opinion that it is worth between $10,000 and $12,000. Found Guilty of Gambling. After taking the cases under advisement Municipal Judge Van Zante has found guilty the colored members of the Eureka Social Club who were arrested for gam bling In a raid a month ago. A fine of $10 was imposed on each member. Hobo Steals Students' Clothes. ALBANY, Or., Sept. 16. (Special.) Wearing three coats and two pairs of trousers and carrying two overcoats, a hobo named Kelly was taken from the northbound overland at this city this morning by Officer Catlin. The clothes are the property of Fred Moullen and Bill Main, two football heroes of the University of Oregon. When Catlin searched the hobo he found the pockets full of letters addressed to Moullen and Main. Chief of Police Ries telephoned to Eugene and ascertained that a cottage occupied by the two students had been robbed. Moullen and Main are in the mountains on a vacation, getting in shape for the coming season. j RAILROAD MEX AT OLYMPIA O. R. & X. Representatives Fight Washington Valuations. OLYMPIA, Wash., Sept. 16. (Special.) The deadly parallel column might have been used against the O. R. & N. here this afternoon, for in one corner of the State House before the State Railroad Commission, A. C. Spencer, attorney for that road, was urging that valuations of the line be increased for rate-making pur poses, while in the opposite corner on the same floor before the State Board of Equalization, J. W. Morrow, the com pany's land agent, was asking that val uations of the O. R. & N. be reduced for taxation purposes. Before the Railway Commission Mr. Spencer asked that the findings on right toZ way valuations in Spokane County be increaseu aoout zv per cent ana De aoout doubled for the right of way along the Snake, "between Riparia and Wallula. He also asted that the value of O. R. & N. commercial property in Walla Walla be reduced about $50,000, an apparent cleri cal error being pointed out as responsible for this amount. This was railroad day before the State Board of Equalization and the following h-amv hnrri: T. C nilmnn. of Seattle. I representing the Great Northern: B. S. Grosscup, northern Faeinc; w. T. riecK, Spokane A British Columbia; A. J. Shaw, Spokane & International; E. M. Hayden, Tacoma & Eastern: John L. Snapp. Great Northern, and J. W. Morrow, O. R. & X. Mr. Gilman presented an argument which was enlarged upon by Mr. Gross cup. He proposes a plan which the board will likely adopt and which will completely revolutionize equalization of state values and will shatter to bits In a measure the proposed adding of $100. 000.000 of value to railroad assessments this year. Incidentally, to adopt this plan, which attorneys ay is absolutely neces sary, will mean the violation or ignoring of a part of the new law relating to rail road assessments in order to keep within the constitution. The new law, which gave the Tax Commissioner power to fix valuations of all operating property of- railroads, provides that after the val uations are found they be apportioned among the counties on a mileage basts of the actual mileage of each road within that county, but the law also says rail road property must be assessed on the same standard of value as all other prop erty In the county. County officers appearing before the state board have testified that they have br!ipsui1 nrnnprtv In their miintiea all J the way from about 30 per cent In Pa cific County to as high as fun to per cent in Spokane County. Naturally, if the state board tries to assess railroads at 60 per cent, when it comes to appor tioning the gross assessment on the mile age basis to Pacific County, It would be knowingly violating the other provision that the assessment should be equal to that of all other property. Mr. Gi!man and Mr. Grosscup went into this matter at length, their arguments go ing to confirm the conclusions the mem bers of the state board had reached In conferences held here for several days past. The board has practically decided to abandon entirely all the old plana of classification of property and with every Item on the entire assessment roll of each county to make up a table showing, first, county assessed valuation; next, actual valuation, and then, proportion of assess ment. When these are completed and sn actual finding is made at what percent age of actual value all property In any county is assessed, the board will assess railroad operating property In such county on the same percentage of the entire value of the road as the mileage within such county bears to the entire mileage of the road. As average assess ments In the state are actually less than 50 per cent of the real value, this plan will naturally reduce the Increase In rail road assessments this year considerably below the $100,000,000 that had been ex pected from a 60 per cent valuation. After these railroad assessments have been apportioned to the several counties, the board will then take up the equaliza tion of values among all of the counties. Instead of attempting to bring about a 60 per cent valuation, indications are strongly that the State Board this year will insist upon an actual compliance with the Constitution and make the val uations for state taxes actual full market value, 100 per cent. Pacific county would thus be raised 70 per cent, or more than double, and in fact the gross valuations in all the state would be more than doubled. This plan of course would bring railroad assessments back up away above $100,000,000 more than last year, but would also bring up every other bit of property In the state. Counties like Spokane, where efforts were made for high assess ments, would have to pay no more pro portionate state tax than counties like Pacific, where valuations were only half as great. General taxes of the Btate Vould not necessarily be Increased, for the rate of levy for general fund and school fund could be reduced to a rate that would bring no more money than a higher rate under a less gross assessment. The only Increase in taxes would come In military and highway funds, which are fixed levies. This plan of course will do away with the old scheme of classification, where, for instance, the board found last year that horses In King and Pierce counties should be valued at an average of $44, while in some other counties they should be less, and so on with a different valua tion in each group of counties. Gamekeeper Killed Miller. SAN FRANCISCO. Sept. 16. The sheriff of Alameda County believes Carl Miller, a boy who was shot and killed while hunting on the marshes comprising the preserve of the Albrae Gun Club last Sun day, was shot by John Ray, keeper of the club. Roy Morgan, an assistant, had confessed that Ray asked for his rifle when he saw Miller and his two compan ions in the marsh and Mrs. Ray admitted that she gave Morgan the weapon. The sheriff declares that Ray, standing on the' roof of the clubhouse, fired two shots and that one of these, at a distance of over 1.000 yards, penetrated Miller's body. Ray has been arrested and will probably be charged with murder. Arrange Democratic Rally. SALEM. Or.. Sept. 16. (Special.) Salem Democrats are making preparations for a big rally at the time of the visit of Congressman Bell, of California, who will speak here September 23. The Jefferson Ian Club has appointed the following re ception committee: Tom Wilson, M. P. Baldwin. W. H. Holmes. E. W. Powers, D L. Frazier. John Bayne. August Huck estein. F. W. Stensloff, D. J. Fry, Charles Liveslay, J. E. Godfrey. W. N. Wood. Watchman Dies at Post. SANTA ROSA. Cal.. Sept. 16. As he was closing his fruit-drying establishment last evening. W. H. Ragan directed Frank Duguet. the watchman, to extinguish the fires. Receiving no reply, he approached the watchman and found him dead, standing against the wall with a bag of apples In his hand. Duguet had been stricken with heart disease. Selects Postofflce Site at Albany. ALBANY. Or., Sept. 16. (Special.) M K Yoakim, a special agent from Washington. D. C who is inspecting postofflce sites in the Pacific Northwest, is in this city seleetlng a location for Albany's Federal building. ,He is exam ining the nine sites which have been of fered the Government. Naval Recruits Sent South. SAN FRANCISCO. Sept. 16. The aux iliary cruiser Buffalo sailed yesterday for Panama with a number of enlisted men from Asiatic stations whose terms have expired. At Panama the Buffalo will receive a draft of recruits for ves sels of the Pacific fleet. v