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About The Sunday Oregonian. (Portland, Ore.) 1881-current | View Entire Issue (May 8, 1904)
10 TH3 SUNDAY OREGONIAH, PORTLAND, MAT 8, 1904. VICTORY IS BARREN County Wins Decision in Tax Assignment Case, BUT GETS NO MONEY WITH IT Assignment of Certificates In Pay ment for Invalid Warrants De clared Illegal, but Motley Must Come From Property-Owners. The transfer of Tlie tax certificates, amountingo J7218 by Multnomah County to W. F. White In settlement of County warrants held by the First National Bank was declared Hlesal and void by JUdge Frazer yesterday, and the county still holds the tax certificates as if no as signment of them had ever been made. This decision was rendered by Judge Frazer yesterday and, while it favors the county. It Is barren of financial benefit because the court does not order White or the bank to pay over to the county the $41S0 which the defendants admit was realized from the taxpayers whose prop erty was covered by the certificate. The result of the decision Is that the county still holds its tax claim against the prop erty affected and, as the time of redemp tion has passed since the certificates were assigned, the county now has a tax title to the various parcels of property which were Included In this deal. White, when he received money from the prop"-erty-owners against whom he held tax certificates, had the tax claims cancelled on the books in the County Clerk's office, and how the County Is now going to col lect the money from the property-owners , la a puzzling question. It seems to be a matter between the property-owiiers, "White and the bank. The books show a settlement of the tax claims and Judge Frazer sajs the County Court had no right to assign the tax certificates. This Is in brief the decision which was handed down. The First National Bank years ago ac cumulated about $5000 worth of county warrants which it was subsequently as certained were issued in payment of forged and raised road work time checks. While the warrants had been regularly issued and signed by the County Clerk, when It was discovered that the consideration for them was bogus time checks, they were declared void, and the First National Bank, which had purchased them In good faith,, was unable o casli4 them. Event ually the warrants were exchanged for tax certificates by the former County Court and Judge Webster, on assuming the position of County Judge, set the settlement aside, and this suit to recover was afterwards brought Judge Frazer, In deciding the case, said in part regarding the merits. We should not lose sight of the fact that the delivery of these certificates to White was wholly illegal and void, as was everj' other act concerning them. It is admitted by all parties to this suit that aft these transactions were mere nullities In law. Can the officer of a county by doing illegal acts, under a mis conception of the law, by acting wholly without authority, where there is no mis representation or mistake of facts, confer upon property-owners rights which they would not otherwise have possessed, or deprive the county of any of its rights? This court is of the opinion that they cannot. It follows, then, that the county is in exactly the same position as It would have been if the transfer of the certifi cates to White hnd Clever been made. It has possession of all the certificates; the attempted cancellation of them amounts to nothing; In the eyes of the law they have not been cancelled. It Is true that if the transfer had not been made some of them might have been legally redeemed within the statutory time, or the county might hae sold some of the property; but where the certificates are valid (and wo must assume in this case that they are all valid) the county Is the owner of the taxed property, and it is presumed to be at least an equivalent. It may be proper to add that while the acts of the defendants In procuring these certificates from the county were con structively fraudulent in law, there is no evidence of any actual fraud or of any In tention on the part of either of the de fendants to do anything unfair. The de fendant, the First National Bank, had bought the void county warrants in the open market and had paid over $4000 therefor. While It had no legal remedy against the county, the fact that the county had Issued these warrants and had allowed them to be placed upon the mar ket as regular and valid offered some Jus tification to the bank for thinking that the County Court might properly do something to help them make good a part of their loss. At that time It had been assumed for several years that the County Court had power to make compromises In tax matters, and such compromises had been made frequently, and at that time no doubt the County Court thought that the tax certificates exchanged for the warrants were worthless to the county. It had held them for several years and had been unable to make anything out of them. This statement, I think. Is jus tified by the evidence, and is due to the parties concerned. A grave error of judg ment was made, but no one has been In jured unless It is the property-owners who paid their money to White, and they have their remedy. They arc not now before this court. SAYS HIS WIFE ABUSES HIM. P. H. May Tells Story of Attack With Ax as Ground for Divorce. P. H. May, who says his wife, Sophia, attacked him with-an ax upon his return from a lodge meeting and would have done him great bodily harm except for the Interference of their son Albert, yes terday commenced suit against hei for a divorce. May alleges also In his com plaint that his wife has called him a liar and a swindler In the presence of their children, and has humiliated him in vari ous ways. He asserts that she has slan dered him In many ways by circulating false stories concerning him, and con stantly scolds and nags him, rendering his life miserable. In September. 1903, May alleges, he had trouble with his limbs and had an opera tion performed. Afterwards when, he was still crippled, she abused him and called him vile names. The litigants were mar ried In September, 1SST. WOODS TO BE TRIED TUESDAY Second Indictment on Charge of Pen sion Frauds in Federal Court. Tho case of the government against T. A. Wood and his son, Hosea Wood, fdr alleged pension frauds will come up for trial in the Federal Court Tuesday morning-. Mr. Wood and his son were indicted by the last grand Jury for making- al leged false afildavlts to securo pensions for widows of soldiers of the Indian -wars of Oregon. The two were iirdlct ed by a previous grand jury, but the cose was decided in favor of the de fendants and they wero discharged. Mr. Wood states that he proposes to fight the new case to the bitter end, hence a lively legal battle may be ex pected. He says he feels no uneasiness as to tho outcome. LOVE'S SUIT IS SETTLED. Contest With Fascinating Lottie Mc .Gulre for House and Lot Ended. Tho suit of Fred D. Love, by his son. Royal F. Love, as guardian, against Bailie McGulre and Marietta Bernard to recover a house and lot in Auer's Addi tion, was dismissed in the State Circuit Court yesterday by stipulation, having been settled out of court. Fred D. Love Is one-of the heirs of the late Captain Lewis Love. He sold his share in the estate soon after his father's death for about 510,000. and fell in with Sallie JIcGuire of Aberdeen, who became his fiancee. She was willing to have a good time, and Love expended money on her lavishly, and also transferred to her the house and lot. He came to his senses when- his money was gone, and his son, who conducts a store at ML Tabor, ap plied and was appointed guardian and sued to get back the house and lot, which was all that remained in sight. Sallie McGulro had transferred it to Marietta Bernard. It is understood the settlement made was In Love's favor. r Will of George R. Shaw. The will of George B. Shaw was filed in the County Court yesterday. The prop erty, consisting of personal estate valued at 5S000. real property In Multnomah County valued at $3000 and realty In Van couver, Wash., Is bequeathed to the widow, Hannah Shaw, and to the chil dren, George R. and Ruth Ann Shaw at her death, or, in the event of her re marriage, at that period. To George, William and Herbert W. Lee, nephews, $100 each Is devised. The will mentions that the other children, Hannah Donley, Lee Ren Shaw and Grant Hayes Shaw, have already received their share of the estate. Eckeroth Guilty of Assault. O. F. Eckeroth stands convicted of un lawful assault upon Lizzie Lehn, 12 years old, several months ago. A verdict of guilty was rendered against him by a jury In Judge Sears' Court yesterday. Eckeroth was formerly a druggist at Good TOTAL GIFTS TO DATE OF AMERICA'S TWO WEALTHIEST MONEY KINGS In the table below will be found a complete statement to date of the benefactions of the two wealthiest men in Amer ica. Andrew Carnegie and John X. Rockefeller. Mr. Carnegie's announcement of his "hero" fund brings his total to oter $100,000,000. while the oil king's gifts reach about one-third of that sum. The Carnegie millions have gone to every part of the world, the most notable donations being those to the City Of Pittsburg and to Scotland, his native land. The last 12 months has been filled with munificent acts of millionaires. Among these were the Income of $20,000,000 presented to Harvard by Gordon McKay, Joseph Pulitzer's fund of $2,000,000 for the founding of a school of Journalism at Columbia University, $1,000,000 from Mrs Cornelia Day-Wilder Appleby to the City of St Paul for the care of Its poor, and $300,000 from Henry Phlpps for the endowment of an Institute for the study of tuberculosis. Arioch "Wentworth, of Boston, gave an estate valued at $7,000,000 to arlous schools and charitable institutions, Frederick H. Hubbcll and Mrs Hubbe'll, of Des Moines. la., gave property valued at $5,000,000 for the founding of a college. Mrs. Leland Stanford gave an additional $1,000,000 to Stanford University, Frederick W. Vanderbllt a $1,000,000 dormitory to Tale, Henry H. Rogers $1,000,000 to Fair Haven. Conn.; Dr. D. K. Pearsons $300,000 to seVen colleges arid J. Ogden Armour $160,000 to. Armour Institute. The bequests in wills since May of last year, including only sums of $500,000 or more, to publla or semi-public Institutions, amount to $34,000,000. Carnegie's Gifts. Endowment Scotch universities National University (D. C) t Carnegie Institution Branch Libraries (N. T "Hero" fund .'.... Scotch scientific research Employes' pension fund Branch libraries (Pittsburg) Polytechnic School (Pittsburg Institute Library Branch libraries (Philadelphia) Hague Peace Temple Engineers' Union St. Louis branch libraries Tuskegee Institute t Braddock (Pa.) Library Duquesne (Pa.) Library Homestead (Pa ) Library Cooper Union Glasgow Library. Galashiels Technical School London Library t All other known gifts, each less than Total Samaritan Hospital. He Is a young man and has numerous friends who tried to assist him out of his difficulty. At a former trial In March the jury disagreed. POLITICIANS ARE BUSY. Many of Both Parties Gather From All Parts of Oregon. A number of visiting political stalwarts trod the pavements of Portland yesterday. Among them were B. L. Eddy, of Tilla mood, candidate for Circuit Judge in the Third Judicial District; J. W. Baker, of Cottage Grove, Game Warden; T. T. Geer, of Salem, ex-Governor; Bobert Eakln, of Union, Circuit Judge in the Eighth Judi cial District; H. G. Van Dusen, of As toria, Fish "Warden; W. R. King, a Demo cratic warhorse of Ontario, Malheur County: W. E. Grace, of Baker City, dyed in the same faith and an ex-mem-ber of the Legislature; Ed. Kiddle, of Island City, Union County, an ally of the church faction; J. O. Booth, a Demo cratic mighty of Grant's Pass and W. H. Hampton, a Republican patriot of the same place. All the foregoing potentates, whether Republican or Democratic, professed to be happy over the political prospect in their respective counties. B. L. Eddy said that Tlllamodk will line up In the Republican column with a plurality of 250 votes, the same as two years ago. Ex-Governor Geer said that Marion County will de liver to the Republican cause a plurality of S00 votes. "Every good Republican will vote the Republican ticket this year," he remarked. Elks' Stag Social. Probably the best vaudeville programme ever rendered In tho city was that offered at the stag social given in the Elks' Hall, in the Marquam building, by Portland Lodge, No. 142, B. P. O. E.. Thursday night. The attendance was large, packing the spacious lodgeroom to the doors, and al together the social was one of the most successful given since the inception of the local lodge. The programme commenced about 2. o'clock, and being made up from the best talent selected from the various vaude ville theaters, was Interesting throughou and every number was a strong act. The entertainment continued well along Into the small hours of the morning, the crowd being to loth to leave Professor Topping, the great magician, until he had exhaust ed nearly every one of his numerous puz zling and mystifying feats. "Frederick the Great," the clever sleight-of-hand per former, was also one of the performers deserving of special mention, and gave a few minutes' entertainment with some excellent work. Banquet at Presbyterian Church. About 130 men attended the first ban quet of the Men's League at the First Presbyterian Church, held Friday night In the lecture-room, of the church building, and the affair was a pleasant success in every way. Dr. Edgar P. Hill was chairman, and a delicious dinner was served by the members of the Young Women's Missionary Society. Several vo cal numbers were well sung by a male quartet composed of Rev. A. "D. Soper. R. Ralph Brennen. W. E. SImonsten and G. Bestow. Dora J. Zan sang four song? In excellent -style, one of these being the rollicking "I'm Off to Philadelphia in the Mornln." Enjoyable speeches were con tributed by Rev. A. D Soper, Rev. E. T. Allen, Professor James F. Ewing, J. Fletcher Linn, Dr. E. P. Mossman, W. F. G. Thatcher, Miller Murdoch, H. C. Camp bell, A. C. Rae and others. Arrested for Threatening to Kill. Jacob Janey. of Mount Zlon, was ar rested Thursday by Constable A. D. Keenan, of the East Side Court, onNan information charging him with threaten ing to kill Rollln Humphrey, son of Mrs. Lizzie Humphrey. Janey is reported in the information to have said: "I will take this club and knock your brains out and swab the road slick with them." He is also charged with making other threats. Janey is a mere boy of about 15 years of age. When brought Into court before Jus tice Waldemar Seton he denied having made any threats. The case will bo heard Tuesday. Have you friends coming from the East? If so, send their names to the Denver & Rio Grande office. 124 Third street, Port land. Or. MUCH FALSE ALARM Talk of Land Fraud Based on Misapprehension) BUT IT CHECKED BUSINESS Courts Have Decided "That Settler May Legally Take Lartd Intend ing to Sell, If No Other- Per son Is- Interested Iri Claim. For three years past, there has been & hue and cry about land frauds in Oregon, the result of which Is now becoming ap parent to those directly interested in the lumber and Industrial interests of the state. Owing to the diligence of the Govern ment's special agents the popular impres sion is that persons who have taken up timber lands with any idea of selling them at a profit at some subsequent date have done so fraudulently and in violation of the law. This opinion has -been strength ened by a former policy of the depart ment that it was contrary to the statute $ 15.000,000 10,700,000 7.832,000 fi.200 000 C.OOOJOOO 5,000,000 4,000.000 3.450,000 . 2,000,000 2,000,000 1,500,000 1,500,000 1,000.000 1,000,000 605.000 COO.000 500,000 500,000 j....:. . 500,000 500,000 . 500,000 500.000 $500,000... 31.945,223 Rockefeller's Gifts. x University of Chicago Rush Medical College Barnard College t..i ... Southern educational fund Harvard University ..... Baptist missionary fdnd . Teachers' College, New York Vassar College , Brown University ir..n Cornell University Bryn Mawr College i.i..., Institute for Medical Research Newton Theological Seminary . . : Adelphl College ,. Syracuse University ....i Smith College .... Y. M. C. A, New Tork '. Y. M. C. A., Brooklyn '.... "Wellesley College j . . . , , Columbia University Demsort (Ohio) College ' Furman University (S. C) All other known gifts, each less than $100,000. .$101,412,223 Total for anybody to take up a timber claim who was not prepared to make affidavit that he did not Intend to sell It, and that he Intended to use the timber on the claim for his own personal use. This policy apparently restricted the taking up of timber lands entirely to lumber dealers or sawmill owners, as they were the only persons who would have any personal use for the timber. For many months the Eastern newspa pers have carried almost continually para graphs relating to land frauds In Oregon, and of Indictments found by Federal grand juries in this connection. The con sequence has been to cast a cloud on the title of all timber lands In general In this state, with the attendant result of almost completely shutting out Investment of this description by Eastern capitalists. Held up In the Government office at Washington are thousands of claims for which no patent has been issued. pending Investigation by the Government, hut for which the applicants have had the neces sary money on deposit for two or more years. Owing to the turmoil and Investigations now connected with the filing of a timber claim, and tho suspicion that the owner of a timber claim must necessarily be a land shark of some dpsprlntinn hitoinnt-c. Jn this line in Oregon has dwindled almost to uuuiing. ana me real estate and tim ber land dealers are complaining loudly and with one voice. What the Courts Say. As a matter of fact, many decisions of the Department of the Interior, of the United States Supreme Court, and the Federal Circuit Courts of Appeal,- do not seem to bear out the assumption that a man who takes up a timber claim with the Idea of subsequently disposing of it at a profit does so fraudulently. The statute In this case prohibits "spec ulation," and on the meaning of thl3 word hangs all the controversy. A recent decision of the Secretary of the Interior In the case of Annie M. Donahue et al., of Eureka, Cal., seems to settle this point conclusively. The following portion of the decision Is quoted verbatim: It seems that the words Immediately following "speculation" explain and de fine Its meaning. Tf th.at hn nrienterl tVinn t.'lits meaning is that all benefit of the title suucni 10 oe ucquirea is in good raith in tended to be for the entryman himself, and that there is no Intent or contract that It shall inure to any other person analogous to the requirements In other public land legislation under settlement laws. There is nothing in the act other than the word "speculation" Itself In any way Indicating that Congress Intended that no one should make such entries, except lumber or timber dealers or those intending themselves to cut and market the timber. If it was intended to bo limit these entries, it is obvious that more apt w ords might have been chosen. If It Is not so to be limited, it is an absurdity "to prohibit or forfeit an entry because the entryman contemplated profiting by a sale of the land. He would not make the entry and pay money except from a motive In some way to profit himself and If he does The "Different" Store Portland's ' Best Sort o' Shop ; ii . LL not Intend himself to cut or market the timber, and Is by statute required to so intend, he perforce must Intend to profit in the only way possible namely, by sale. This Is the construction given to the act by the Supreme Court and by the de partment heretofore. In United States ys. Budd (Hi 8. C. 154. 163), the court says: ". . . All that It (the statute) denounces is a prior agreement, "the acting for an.- other In the purchase. If, when the title passes from the Government, no one, save the purchaser has any claim upon It or any contract or agreement for it, the act is satisfied. Montgomery (was a timber buyer and speculator) might go or send into that vicinity, and make known gen erally or to individuals a willingness to buy timber lands at a" price in excess of that which it costs to obtain It from the Government, and any person knowing of that offer might rightfully goto the Land Office and make application and purchase the tract from the Government." . . . Purpose of the Law. In United States vs. Bailey et al., the department held: "Tnat the purpose and intent of the act was to give every citizen of the United States, or one who has de clared his intention 6f becoming such, the opportunity to purchase 160 aces of land under Said act. If it was unfit for cultiva tion, but in every case1 the entrymah is required t6 feet In good faith. . . . This holding In no wise conflicts Of interferes with the right of a purchaser in good faith of land Under the act. after he ac quired title, to sell the land if be desired tn An en Rolne tnorla ennn nftpr nnr- chase, hoWevfif, if unexplained, have a tendency to arouse suspicion in the mind that when the entry Is made it was not for the entryman's own exclusive benefit and use. And when we find 12 entries made in the same manner in which these were made, money furnisned by the as signee, engineered by the assignee, deeded to the assignee, and this arrangement made prior to the time that the locations were made, I do riot see any escape from the conclusion that they were .$13,000,000 . 0.000,000 . 1.375.000 . 1.12C.00O . 1,000,600 . 1.000.000 500.000 400.000 325.000 250.000 230.000 200,000 150.000 125.000 100,000 100.000 100,000 100.000 100.000 100.000 ioo.ooo 100.000 . 9.252.000 ..$35,733,000 made In violation of the statute, and ought not to stand." One of the entrymen in this controversy, In giving his motive for taking up his tlmberclalm. said it was "speculation." If he had used the more appropriate term, "investment." in describing the motive fbr his entry, all trouble might have been avoided. The fact that he and others admitted that they had made their investments in the hope of making a profit out of them does not impeach their good faith nor in validate their entries. The Idea of the statutes governing tim ber and homestead entries evidently Is to prevent the wholesale grabbing of lands by Individuals or corporate Interests, and to give the plain citizen an eqtial chance and as extensive rights as may be ob tained by any company. Natural Act Is to Sell. The fact that an individual who neither owned a sawmill nor had any personal use for the timber on a claim should make entry upon it does not of Itself conflict with the spirit of the statute, and the courts have frequently held that the natural action of such a holder of tim ber lands would be to sell them as soon as he could do so at a profit. There Is no limitation In the timber act which forbids the entryman from selling the claim Immediately after he has made the entry. In the case of Peaslee vs. Whiting, the deparment held: "That an entryman has the absolute right to sell the land after proof, even before final certificate and patent have issued." And In the case of the United States vs. Budd the Supreme Court said: "The act does not in any respect limit the dominion of the purchaser over the land after its purchase from the Gov ernment or restrict in the slightest his power of alienation." TO HONOR BOER 0EFICEBS. Irish Societies Will Tender Joubert and O'Donnell Reception. Representatives of Irish societies in this city had a meeting yesterday with the two Boer officers, General G. D. Joubert and Captain W. S. O'Donnell, and promised that the societies would attend In a body the lecture to be given by the Boer offi cers at the Marquam Theater Tuesday night, and that General Joubert and Cap tain O'Donnell would be tendered a recep tion about the endf of this week by the' Irish societies. The latter represented at the meeting were the United Irish League, the Catholic Order of Foresters and the two local divisions of the Ancient Order of Hibernians. Those present were: Dr. A. C. Smith, president of the United Irish League; Robert J. O'Nell, of theCathollc Foresters; Rev. P. J. Curley, Paul Strain, District Attorney John Manning; Editor Sullivan, of the Catholic Sentinel; John Van Zante, James O'Connor, Joseph H. Murphy and J. J. Keogan. SAN FRANCISCO VETERINARY COLLEGE Next session begins June 6. Catalogues free. Address Dr. E. J. Creely, San Francisco. CLEARING OUT RASCALS HOW THE MUNICIPAL VOTERS' LEAGUE DOES IT IN CHICAGO. Its Assistant' Secretary Describes the York of Rooting Out Corrup- iionists in Public Affairs. How the broom of the Municipal "Voters League of Chicago 13 sweeping out the dark and dusty corners of the government of that city was told last evening by George C Bikes, assistant secretary of the organization which for nine years has been slowly lifting from the Illinois me tropolis the stigma of gang rule which has fallen Upon it. "We have concentrated out" efforts on the City Council," said Mr. Slkes. "As a result 50 out of the 70 Councilmen have been elected on our platform. Unlike your city here, we are working toward government by the Council, not by the Mayor, according to the New York plan. In the fact there Is now talk In Chicago of the Mayor being elected by the Coun cil. -As a general thing, we have found that Council rule means gcod rule." Mr. Slkes is a deep-chested, be-spectacled young man. He looks Chicago and he talks Chicago. ''I am dn my Vacation, headed for Los Angeles just now. I'm sorry that 1 must leave Portland this evening. I was unable to find anyone associated in a similar movement to ours. The name of Mn Strong, an attorneyi was mentioned to me by Clinton Rogers Wood ruff, of Philadelphia, but he was out when I called." "We have two Councilmen to each ward," said Mr. Slkes. "As the city had been run, there waa a gang In the Coun cil which passed franchises ovet the MaybFs Veto. OUr purpose became at ortce to secure enough Councilmen to sustain the Mayor's' Veto of franchise or dinances Isn't It true that every city is more or less controlled by the gas, electric light and street-car companies and their political affiliations? Well, It is against such influences that we have directed our energies. No, we haven't made much of a fight against saloons." The Chicago man was Informed that an anti-saloon box ordinance was now be fore the Portland Council. "What, wine-rooms for two?" h6 asked. "Such as that are all out of Chicago saloons. Three persons can engage a wine-room, but two can't. "The voters of Chicago are like the newspapers, the most independent in the country. Out of the 400,000 registered voters I am sure that 100,000 are Inde pendent enough to be influenced one waV or another. Party lines have been abol ished In the Council, too. "Walter Fisher, the secretary of the Voters' League, Is now the head of the movement, succeeding George E. Cole. We have a permanent office with an assistant secretary, myself just now, an investigator and a stenographer on salary. Wo have no definite membership roll. "Before city elections we get out a list of the candidates for Councilmen and give the record of each, telling whether or not he Is fit to be retained In office. Spicy? well, I should say they are. Crosby Noyes, of the Washington Star, rah a paper In Chicago for a time artd as usual his paper received one of our lists for publication He said. 'Great Scott, do they publish things like this here?' Lawson, another newspaper publisher, assured him that was the custom. We just plainly say in our lists whether or not a candidate is a rascal." SAW POBTLAND'S FUTUKE. Mrs. Pio Has Diary of Pioneer on Trip Across the Plains. Mrs. C. H. Pio, of 425 East Clay street, has the manuscript account of the trip of the company, of which her parents, Mr. and Mrs. C. H. Adams, of Hillsboro, were members, across the plains to Ore gon In 1851 There were about 20 people In the company, and Mrs. Cecelia E. Adams, Mrs. PIo's aunt, who died a few years ago, kept a close record of every day's travel and Its events, closing wltli hn account of the arrival of the party at Portland from the Cascades on the old steamer Multnomah. The diary was close ly written on the sheets of a large ac count book, and although somewhat worn Is still very clear. The names of many Oregon pioneers appear. Mrs. Pio thinks that the Oregon Historical Society would be t'le proper custodian of the manu script. There ate many interesting passages in the record. When the party reached the Cascades, Mrs. Adams wrote in her diary: "Here is a large warehouse, and from it proceeds a railroad three miles long made of scantling and plank without iron. On this ruris a small car propelled by a mule attached to a long rope for an en gine, and a pair of thills between which the engineer stations himself and walks and guides the car." This wa3 the first railway in Oregon. In the closing para graph Mrs. Adams describes her arrival at Portland and makes a remarkable pre diction. She wrote: "Passed some timber, farms and good dwellings and one sawmill belonging to the Hudson Bay Company. Passed Fort Vancouver. Came Into .the Willamette (for Wallamet), and soon were at Port land, the largest town In the territory, and a fine town it is, and would compare favorably With many Eastern cities. At the head of ship navigation, it Is bound to be Vhb great commercial emporium of th& Northwest." Lessons of Buddhism. PORTLAND. May 7. To the Editor:- For people who are accustomed to take for granted without further inquiry, what they hear, be the speaker either a theologian belittling the creed of an other, or a scientist, holding up to scorn all theological doctrines, it may be well to point out that the statement recently made by a learned local lectured touchlnga Buddhist precept, is not well grounded. The statement with Its context would have the audience believe that Prince Sldartha taught that It Is a desirable thing to get away from this earth life as quickly as possible, for everywhere Is sorrow to be found. That might be taken as an excuse for suicide. As I 'mfQmii OUR:.. 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It ought not to be a disagreeable thought that this world Is the place of sorrow, for this statement is not made to emphasize sorrow amongst us, but by way of comparison with the blissful state for the self freed from matter In other words. Heaven or Nir vana. This view is held by Christians as well. But this freedom from sorrow cannot be gained by simply dying, un less this evolution has reached the point of fitness. The statement was made to his pupils, not to sour them with earth and its duties, but to encourage them to awaken from the hibernating torpor in which so large a percentage of the race has been found by all great moral teachers, before and since. This didac tic moral teacher was upheld by a later and more dramatic one who said to a man: "Sell all your possessions and fol low me." We often hear lecturers as weil as writers refer to Buddhism as producing 450,000,000 slaves. May I ask If this is wholly fair? The Japanese do not seem to be slaves. True, the adherents of this system In the torrid zone are not as aggressive and active as people in the temperate zones. Should we lay lajl their deficiencies at the door of their religion, or snouia we aiiow a moieiy to be borne by racial, climatic and local conditions? Now, I do not believe It to be a suitable cult for the Germanic race In Its accidental home. Perhaps no re ligious system has yet succeeded in ac complishing everything desired; no, not since our ancestors were slime, or later when they were nearly all mouth and bumped eyes into their faces. Buddhism is pot all a pack of lies, nor Is any other system. Even the Holy Boilers' may possibly not be an exception, though this Is not a certainty. ERNEST BARTON. East Side Notes. The East Burnslde branch-of the Port land Railway Company Is completed to the Intersection of East Pine and Twelfth streets. Hawthorne avenue Is being graveled alopg the sides between East Twelfth and Twentieth streets. A six-Inch water main Is also being laid on the north side of the street. The Wisconsin lumbermen are pushing preliminary work on- their big plant, which is to be built Just south of the Portland drydock at Portsmouth. Ground has been graded on the Willamette boulevard for jP Jjr yijrj This., McFADDEN EXERCISER 50c to $5.00 Is a health-maker in your home three minutes to set it Upfive minutes for a vigorous circulation. Sent by mail to any address. a headquarters, and from the top of the bluff down to the river a roadway has been graded out on which will be laid a lumber tramway. A large audience enjoyed the- lecture of Professor M. L. Pratt last evening deliv ered before members, of Sumner 1-oac No. 12. G. A. R.. on "Manchuria." He had made a careful study of the topography of that country and its people, and was able to deliver an instructive lecture. The extension of the Lower Albina branch of the City & Suburban Railway Company on Mississippi avenue ha reached Prescott street in Multnomah Addition, and will bo continued to a con nection with the St. -Johns branch on Killjngsworth avenue. It will eventually bring the Peninsula travel through Lower Albina. THE CATHOLIC FATE. Grand Opening of the Fair Given by I the Catholics of Portland for Benefit of St. Michael's Church. The Grand Bazaar, held in the Good- naugh building. Fifth and Tamhlll streets, for the benefit of St. Mitchael's Church, will be opened on Monday, the 9th instant, and continue open every day, Sunday ex cepted, until Monday, May 23. His Ex cellency, Governor Chamberlain, will de-l liver the opening address. A select liter ary and musical programme has been pre- Dared for the occasion. The Portland Italian band will furnish the music. SPECIAL BATES. The Canadian Pacific will sell on May 11, 12, 13, June 16, 17, 15, July 1, 2, 3, August 8, 9, 10, September 5. t, i, uc toberd 3, 4, 5, round-trip tickets To St. Louis, $67.50. To Chlcaco $72.50. Tickets limited to 90 days and good returning via any direct line. Fr full particulars call on or address P. R. Johnson. F. & P. A., 142 Third street, Portland, Or. t Married in Open Court. Gus Christopher and Miss Ellen Manley I were united in marriage Friday after noon by Justice Reld. Following a fash ion that was set some weeks ago the young couple appeared during the session j of court and it was necessary for an ad journment of ten minutes to be taken while the two were married, and sent on their way rejoicing. The young couple are residents of the city. soQaiii(ee(aiO(ttii Home ot Quality and fashion, Fifth and Washington