Morning Oregonian. (Portland, Or.) 1861-1937, February 13, 1895, Page 8, Image 8

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!EHE MOUSING OTEQOWUlK, WEDNESDAY; JFEBECAUT 13, 189S.
MS. DERM'S DOWER
"WIDOW SUES FOR HElt INTEREST
r'
'IX- THE ESTATE.
49
lt Set 'Income; Slie Say, S.T5.000 Per
Tear .V D.iransc Suit Fred
Weatherford's Sentence.
Phoebe M. Dekum has filed suit in the
state circuit court against Edward De
kum, Adolph A- Dekum and Linda De
kum, his wife, George P. Dekum, Rosina
Dekum. Clara Dekum, Frank Dekum,
Otto Dekum and Gertrude Dekum, his
wife, John GUI and Sirs. Liso Gill, his
wife, to roeover her dower interest in the
estate of Frank Dekum, deceased, Mrs.
Dekum says that at the time of the death
of Frank Dekum he was possessed of the
following estate: The properties at the
corner of First and Washington streets
and the northeast corner of Third and
Washington streets, and the new Dekum
building, at the southwest corner of
Third and Washington streets; the resi
dence property bounded by Morrison,
Yamhill, Thirteenth and Fourteenth
streets; also lot 1 and half of lot 4, block
10, corner of A and Front streets. She
declares that the defendants above named
are the heirs of Frank Dekum. On the
5th day of September, 1881, she and Frank
Dekum -were lawfully married at Port
land, and she is now the widow of Frank
Dekum. As such widow she has a legal
estate in the real property above men
tioned, and the present right to possession
thereof, and that she is seized of an es
tate in dower and during her life of an
undivided one-half of the lands and prop
erty, and has demanded the same from
the defendants, and they wrongfully with
hold it to her damage in one-half of the
mesne profits accruing from the property.
The annual Value of the mesne profits is
declared to be 535,000, one-half of which
she is entitled to recover as her dam
ages, to be estimated from the time of
the death of her husband; wherefore a
judgment is asked that she is the owner
during her own life of an equal undivided
half of the real property and for one
half of the rents and profits accured since
the death of Frank Dekum, to wit: The
sum of $11,C60 C6 and for the accruing
mesne profits from the real property, with
lawful interest;
SAYS HE DEFRAUDED THE HEIRS.
A Mother's CIiarKex AKuinwt An Ad
ministrator. Fidela Seelig, mother of Emil and
Charles Seelig, minors, has filed a petition
in the county court asking for the re
moval 'of Emil Zeitfuchs as guardian of
her children, and for her own appoint
ment in Zeitfuch's stead. The reasons
alleged for the removal of Zeitfuchs are
said to be the following:
Emll Seelig and Charles Seelig are min
ors, 16 years and 14 years of age, respec
tively, and have an estate consisting of a
life insurance policy on the life of Karl
Seelig, of the value of $2000. After the
death of Karl Seelig, December 4, 1830,
Emll Zeitfuchs, representing himself to
be the uncle and nearest relative of the
minors, was appointed by the county
court as their guardian. In his petition to
the county court for letters of guardian
ship, Zeitfuchs falsely represented that
the only property of the estate was the
$2000 life insurance policy; that in said
petition Zeitfuchs concealed from the court
the fact that he was inueoted to the es
tate $1000: that Zeitfuchs has concealed
from the county court the receipt of a
legacy for Emil and Charles Seelig, from
the estate of Franz, Anna Maria and
Joseph Dellman, from Germany, of $2043,
although this money was received by him
a year and a half ago; that the bond of
S200Q gjvi -by Zeitfuchs Is inadequate
andi the petitioner, Fidela Seelig, believes
that Zeitfuchs has misappropriated the
moneys belonging to the estate of said
minors, and is using it for his private
interests.
The petitioner is themotherof the minors
and is unmarried and is a fit and proper
person to have the custody of her chil
dren's interests. On the Sth day of Octo
ber, 1880, she secured a decree of divorce
from Karl Seelig. now deceased, in the
circuit court of Multnomah county, and
by such decree was awarded the care
of these children, which has not since
been modified or set aside.
She declares that the claim by Zeit
fuchs, when he applied for the guardian
ship, that petitioner is not a proper per
son to represent her children In their
estate, was wholly false. She asks
for the issuance of letters of administra
tion, and an accounting by the present
guardian. The matter has beeu set for
hearing in the county court March 2.
A PUZZLING LAND DEAL.
Cmunlienteil Case- on Trial in JuiIrc
Hurley's Court.
A jury in Judge Hurley's court yesterday
waa ongaged in the hearing of a case about
as hard to solve as the fifteen puzzle, and
even the court had to interrogate the dif
ferent lawyers during their opening argu
ments to the jury, to ascertain what it
n as' all about. The plaintiff is T. B. Shell
hammer, and the defendants George W.
Howland and J. J. Jennings. Shellhammer
whs the owner of lands in Coos and Yam
hill counties, and sought Howland to effect
a trade for Mme city property. Howland
consulted Jennings, who arranged a trade
for Shellhammer with a Mr. I.ambert. for
a house and ground near Mount Tabor.
One Browning was buying the place from
Lambert on the installment plan, and had
pttld several hundred dollars, and owed
$1900. To arrange this indebtedness, Jen
nings had Lambert deed the property to
Mrs. Jennings, and by Mrs, Jennings con
veyed it to Shellhammer. Browning, for
the Installments he had paid to l.ambert.
was given one-half of the Shellhammer
land in Coos county and 10 acres of the
Shellhammer land in Yamhill countj . The
balance of Shellhammer's land was con
veyed to Lambert. As a j-ettlement of the
$130) balance due on the Mount Tabor house
and lot. Jennings got a mortgage from
ShaHhunmer for $9. which Shellhammer
has since pahl to Jennings.
Shelthatmner claims he subsequently as
certained that Jennings realised all of this
$900 as profit in the transaction, so he
brought suit against Jennings and How
land to recover it, alleging that the rela
tions of Jennings and Howland were trust
relations, and they had been paid for their
srvces. and if any money was made in
the deal, he (Shellhammer) should have it.
Jennings alleges that Lambert got a large
share of the 00 in settlement of the $1300
due him on the house, and the balance he.
Jennings and others got as commissions.
The trial will be concluded today.
SHOT AT A UIRD. HIT A MAN.
And That's Why Frnuk Qualthani
Waiitn :SIMK Dnmnce.
Damage suits are still in order in the
state circuit court. Yesterday the trial of
an action by Frank Qualtham against J.
I Kamage. for $&&. was begun before
Judge Shattwck. It Is a jury trial. On the
morning of September 16. 1SS4. Qualtham
uitd. llamas and a man named Shiel were
out hunting together, when Ramage acci
dentally shot Qualtham. As a result of
the Injuries received, Qualtham alleges
that he has sustained permanent injury.
and suffered $St?0 worth.
The story, as told by the defense, is that
there was no negligence upon the part of
Xlamage. and. if there -was. that Qual
tham was equally guilty, oh account of his
separating from his companions, during a
heavy fosr-
Qwaltham invited Shiel to go shooting,
and -Shlei got Ramage to go along. It was
an exceedingly foggy morning, so that on a
could scarcely see a man 3b or 40 feet away.
After vralking some distance. Qualtham
said they had arrived in a locality where
there was liable to be some game, and
they woukl separate. As Shiel and Ram
ago were strangers to the business of
bjotinj-, and looked upon themselves as
the quests of Qualtham, they followed his
directions. Qualtham remarked to Shiel f
and Ramage, "You go up along the bridge,
and I will make a detour, nest the tim
ber." Instead of Qualtham keeping near
the edge of the timber, as he said he would
do, he cut across and traveled so rapidly
that he got in front of Ramage. A bird
flew up, and the fog -was so thick Ramage
could not see anything but the bird, -which
was close to him. Ramage shot and miss
ed the bird, and shot Qualtham.
Qualtham, of course, claims negligence
upon the part of Ramage, and that he
ought not to have shot under such cir
cumstances. The trial -will be continued
today.
THE JURY FAILS TO AGREE.
Tho Malpractice Snlt Results in a
Mistrial.
The jury In the $10,000 damage suit of
Willis Fisher and -wife vs. Dr. W. H. Boyd
failed to agree, and was discharged yes
terday morning by Judge Shattuck, after
having been out for 21 hours.
Some of the jurors were for finding for
certain damages, but could not win the
others over. They reported to Judge Shat
tuck that an agreement was impossible.
Suit Over Fertilizing? Stock.
Yesterday the suit of the Oregon Fer
tilizing Company vs. Charles A. Burk
hardt and. Otto Burkhardt was tried be
fore Judge Shattuck. It is alleged that
Burkhardt Bros, purchased $1000 worth of
the Oregon Fertilizing Company's stock
and afterward refused to accept and to
pay for It. In their answer Burkhardt
Bros, claim that the proceedings of the
meetings of the Oregon Fertilizing Com
pany were not regular, and that one-half
of the paid capital stock, as is required
by law, was not represented, and they
therefore were justified in refusing to
make the purchase as previously agreed
upon. This in turn the company denies.
Arguments are to be made in the case
before a decision of the court is rendered.
Settlement In n. Rent Case.
Judge Shattuck yesterday dismissed the
suit of Edward Dekum and Adolph De
kum, executors of the estate of Frark
Dekum, vs. Lesser Prager and others.
This action was to recover on a lease or
the store In the Dekum building at First
and Washington streets, occupied by the
Pragers in conducting the Red Front
clothing store. They moved at the time
of the June flood and alleged that the risd
of waters invalidated the least. Dekum
claimed otherwise, and sued for the
amount due for the unexpired term of the
lease. The suit was dismissed by stipu
lation of the parties concerned, who have
arrived at a settlement.
Tvro Robbers Convicted.
Thomas Madden and John Cronin were
convicted in Judge Stephens' court yester
day of the larceny of a watch and chair
from the person of John Grantscow, De
cember 25, 1804. Grantscow celebrated
Christmas by getting very drunk, and,
happening into Blazier's saloon on Burn
side street, between Second and Third, was
there met by Madden and Cronin, who,
talcing advantage of his condition, robbed
him. C. W. Jorgenson, a blacksmith, who
witnessed the act, gave the evidence, yes
terday at the trial, which secured the con
viction. Weutlierford Gets Four Years.
Fred Weatherford was sentenced to four
years In the penitentiary, by Judge Ste
phens yesterday. Weatherford said noth
ing, but was very pale, and rather nervous.
The motion for a new trial will probably
be disposed of before he is taken to the
penitentiary. Weatherford's relatives still
visit him. -
Uerjcer Gets a Year and a Half.
Fred Berger, who stole from the room of
J. H. Hamilton, In the St. Charles hotel,
was yesterday sentenced to one year and
a half in the penitentiary by Judge Ste
phens. A second indictment against Ber
ger was dismissed. Berger pleaded guilty
to the first charge.
Court Notes.
J. Humphrey has sued J. H. Rathbone
in the state circuit court, for 5175.
Licenses to wed were issued yesterday
for Oscar Dahl, aged 23, May Waters, 21;
S. J. Raffety, 37. Minnie J. Scott, 271
A suit of Perry G. Baker vs. J. Surman
was dismissed in Judge Shattuck's court
yesterday, and the papers withdrawn.
George Ham has begun proceedings in
the state circuit court against Do Canuto
and Me Canuto to collect a promissory
note, amounting to $314 25.
Mary Jane Gray has filed an action in
the state circuit court against Paul A.
Klnsel and wife, for $1000, and to fore
close a mortgage upon block 12, Kinzel
Park.
Stephen Harkness, George Fitzgibbon
and Chris Hansen, have been appointed
appraisers of the estate of Marshall Peter
son, deceased, and Margaret Peterson,
administratrix.
R. L. Sabin yesterday filed suit in the
state circuit court against D. D. McClure
and Willis Stacey, doing business as the
Oregon butter-house, in behalf of the fol
lowing creditors, aggregating $248 5S: Hen
ry Everdlng, $147 Go; Page & Son, $16 72;
Allen & Lewis, $24; Carlos Una Co., $2 10;
Lang & Co., $2S 21.
ECONOMY IN THE SCHOOLS
Two Classes Broken Up to Suve the
Ex.nene of Teachers.
A number of changes have been made In
the public schools for the term, in the in
terests of economy, and Superintendent
Pratt was kept busy yesterday explaining1
matters to parents who objected to their
children being transferred to other school
buildings. The most serious change was
the breaking up of a class of 25 in the
Failing school to save the expense of a
teacher. Part of these pupils have been
combined with another class, and part
have had to go to the Harrison-street
school, which makes quite a long walk
for some of them.
The eighth grade, A class, in the Park
school was overcrowded, and some of tho
pupils had to be sent to the Atkinson
and some to the Falling school. These
changes caused the parents of many of
the pupils to' call on the superintendent
for an explanation. Most of them were
very reasonable, and when told that the
changes were made in the interests of
economy and were enly for the present
quarter, were very reasonable and made
no further objection. One lady, however,
thought that where pupils had to be
changed the children of parents who paid
taxes ought to have a preference over the
children of those who paid no taxes. It
was explained to her that the pupils all
stood on an equality in the schools, and
this matter could not be taken into con
sideration. HOTEL ARRIVALS.
THE PORTLAND.
W E Clark. Phila !A Abraham, city
G E Pingree, Chigo 'G J Pierce. Salem
C W Richie and wf, H Gernlnger. N Y
Tacoma . IE T Smith, Mlnnplis
M A Gunst & wf.SFiThos Doyle, clty
Walter A Schiffcr &AC Fraser & wf,
wf, N Y Vancouver
Henry Ach, S F ,W N Couch. St Paul
Lee Jacobs. S F IL L Hasslnger. St P
G W Hull, Omaha i.T S Walsh. St Louis
S E Grove. Oakland S E Hoffman. St L
J C Wolf. Sllverton iHenry Fiad. St L
J T McDonnell, city 'C Schranbstaetter,
W H Hart. USA i St Louis
C H Lvnebery. S F .W F Boyle. St Louis
Ed W Davey. Chgo G H Goddard. St L
W K Fuller. Chicago Chas Clark, St L
A H Stiel. S F IThos Dunn. St Louis
I Grab. St Louis ,D Bradford. St Louis
C Walker, city IWm Gray. St Louis
A V Bell, Seattle IG M Paschall. St L
W Craemer. Myr Ck Edgar Ames. St L
W W Cardwell, H S Ames, St Louis
Roseburg
Occidental Hotel. Seattle.
Rates reduced from $3 50 to $2 per day.
Are as small as homoeopathic pellets,
and as easy to take as sugar. Every
body likes them. Carter's Little Liver
Pills. Trv them.
DR. GAFF MAY ESCAPE
DOUBT AS TO WHETHER HE CAN BE
TROSECLTED.
The Abdnctor of Jndge Smith's
Daughter a. Slippery Fellow
His Past Record.
A difference of opinion exists among at
torneys as to whether Dr. John W. Gaff
can be successfully prosecuted on the
charge against him, of kidnaping the
daughter of Municipal Judge B. M. Smith.
The story of their elopement, flight and
capture has ben told, but there are many
details now to be related for the first time.
Tne prisoner was in Justice Geisler's court
yesterday morning, accompanied by his
attorneys, but, on their request, the ex
amination was postponed until tomorrow.
Gaff is still in the county jail, his efforts
to secure bail not being successful. One to
whom he applied sent him word back that
he would not accommodate him, as he be
lieved the doctor would not scruple to
take advantage of a friend.
During yesterday Dr. Gaff had a number
of callers, sympathizing women being In
cluded among the visitors. Mrs. Gaff, the
wife of the prisoner, also visited her hus
band, accompanied by her brother, Mr.
George Atcheson, of Albany. Mrs. Gaff
returned to Portland on Monday from her
parents' home near Shedd, Linn county.
Her father, Mr. Matthew Atcheson, a
prosperous farmer of Linn county, and her
brother came with her, and they are now
stopping at the home of Rev. Hugh F.
Wallace, pastor of the Second Presbyterian-United
church, 287 Grand avenue.
Mrs. Gaff has not much to say concerning
the behavior of her husband, and her pres
ence in Portland now, in company with her
father and brother, is not out of any sym
pathy for the man who deserted her to
elope with a young girl. Mrs. Gaff evi
dently intends to sue for divorce, and
claim a portion of the doctor's wealth, if it
is not all exhausted in the effort to save
the man from the penitentiary.
Miss Maggfe Smith, who eloped with Dr.
Gaff, states that the day of their depart
ure she met him at the house of a Mrs.
Wilkinson, 431 Union avenue. While there
he gave her some candy. It was in this
house that Dr. Gaff compelled her to copy
a letter which he had written, addressed
to her mother. Afterward, on returning
home and being shown the letter, she
could not identify it. Leaving the house,
they went to the West Side, and left the
note with the Postal Messenger Company,
and then, returnlg to the East Side, took
the train for Salem. Arriving there. Dr.
Gaff took Miss Smith to a private lodging
house, and next morning (Thursday), he
returned to Alblna, Judge Smith called at
the doctor's office, meeting Dr. Hamilton
there and, unknown to him, Gaff was in
the adjoining room. After making some
inquiries, Judge Smith came to the West
Side, held court, and then returned to
see Hamilton, who insisted that the judge
was mistaken, as he knew Gaff was not
the man who was responsible for the girl's
absence. Jud,?e Smith said, "I know he
is the man, and I will spend $10,00") to get
him." Hamilton went back to the office.
Gaff slipped out by the back way, got into
his buggy and was driven by his hostler,
Hammond, to the home of a Mrs. Thomp
son, a grand-daughter of Hammond, liv
ing near Woodburn, arriving there Fri
day morning at about 1 o'clock. The doc
tor remained there until daylight, then
went to Woodburn and remained in a
drug store until the arrival of a train
from Portland with the daily papers. Then
he and Hammond drove to Salem, and the
doctor gave the latter $200 to give to his
wife, who then returned to Alblna. While
at Salem he bought a navy blue mackin
tosh and a wide-brimmed hat for Miss
Smith, making her discard the cloak and
hat sh3 had worn when leaving home.
They drove from Salem to Jefferson, reach
ing the latter place at midnight, and the
next morning drove to Miller's station,
where he bought tickets for Roseburg,
but left the cars at Cottage Grove. From
there they drove down to the home of S.
G. Lockwood, in Siuslaw valley, where
they were captured.
Dr. John V. Gaff first came to Oregon in
1882 from Denver, Colo., accompanied by
his wife and infant son. After remaining
in Portland for a few weeks, he went to
Shedds, Linn county, and bought the prac
tice of a Dr. Fisher. Both Gaff and his
wife were well received, and it was only
a little time before he was doing a lucra
tive business. Among his patients was a
Miss Jennie Atcheson, about IS years of
age, the daughter of a highly-respected
family of Linn county. She was afflicted
with throat troubles, and spent a good
deal of time in company of the Gaffs,
calling on the doctor at his office and re
maining a guest at the house for days at a
time. Mrs. Gaff No. 1 was apparently
blind to what was going on between her
husband and his patient. After living at
Shedd about two years, Mrs. Gaff went to
Denver, receiving word that her father
was dying. While absent she gained some
information as to the real relations be
tween ner husband and Miss Atcheson.
and speedily returned to Oregon. She did
not go home, but went to the house of
friends, and after remaining there about
two weeks, returned to Denver. During
the time she was at Shedd, she and her
husband had several interviews and an
understanding was reached that they
should separate. Dr. Gaff obtained a di
vorce in Portland, and the wife retained
custody of the only child. After the di
vorce. Gaff and Miss Atcheson were mar
ried, and two years later they came to
Alblna to live. Mrs. Gaff was a member
of the United Presbyterian church, and
she induced her husband to also unite
with that church, he joining a congrega
tion of that denomination on this side.
Mrs. Gaff ievoted some of her time to
church work, but her husband was not
considered any mere than an attendant
and not Identified with the church. She
claims to have been dumbfounded on hear
ing of the action of her husband, not
having had the least suspicion that he
was infatuated with some one else, and
playing the same game he successfully
tarried out with her in getting rid of his
first wife to marry some one else.
AMUSEMENTS.
MARQUAM GRAND "Said Pasha." To
night.
CORDRAY'S "Passion Slave." Tonight.
The Calhoun comic opera company pre
sented "The Black Hussar" to a well-filled
house at the Marquam last evening. The
piece lacked somewhat the dash and spirit
of the previous night's performance of
"Amorita," but It was, on the whole, a
most satisfactory production. The stage
accessor.es were well-nigh perfect, the cos
tumes being bright and showy. The
audience was, however, nbt very respons
ivea condition, no doubt, .largely due to
unfamiliarity with the opera. But features
of comedy and harmony were liberally ap
plauded, and at times enthusiastically re
demanded. "The Black Hussar" has a
plot.
The scene is laid in Trautenfeldt, a bor
der town between Germany and Russia.
The town is continually invaded by the
French, Russian and Prussian armies.
It is during the reign of Napoleon I. The
magistrate of this border town caters to
all nations, being afraid to oppose any.
This causes to be organized a secret so
ciety, "The Black Hussars." Helbert.
their captain, disguised as an army
chaplain, travels fiom place to place, or
ganizing the society in all parts of Ger
many. At a given signal, the Black Hus
ars arise and drive the Russian and
French from their borders, and declare
their freedom and independence. During
the progress of the play, a pretty love
story is interwoven between the magis
trate's two daughters and the two offi
cers of the hussars, Helbert and Walder
man. Much fun Is caused by Plffkow, a
jack-of-all-trades: Barbara, a housemaid,
and the magistrate.
"The Black Hussar" is in three acts.
j and each offers a special variety of en-
tertainment. The first Is largely made up
of solid music; thq second gives an oppor
tunity for the antics of the comedians;
and Jn the third there is a series of
specialties. At the. cad of the first act,
there is a most beautiful quintet, which
was finely rendered and enthusiastically
encorcd. In the third: act 16 very hand
some young women, dressed in costume,
gave the march of "The Black Hussars."
Their evolutions were precise and in per
fect form and time, and several of the
figures were pew. They went through
the entire intricate performance without
a break, or an error of any kind, and were
loudly recalled. Thewooden-shoe dance,
too, was a novelty, and was heartily re
ceived. Tae soldiers chorus at the be
ginning of the third act is also deserving
of special commendation. These are
features of a performance that was given
throughout with smoothness and with
careful regard for stage effect.
Of the individual performers, George Ly
ding, as Helbert, caRtain of Hussars,
disguised as a chaplain, and T. J. Rowan,
jr., as Walderman, his companion, as
sumed the leading male roles. Lyding was
in good voice, and, aided by an admirable
stage presence, he gave a satisfactory im
personation. Rowan was suited to his
part, and used all bis opportunities to ad
vantage. Alice .Beauvet, as Minna, and
Adele Farrington, -as Rosetta, the magis
trate's daughters, delighted the audience.
A duet between them was encored. Miss
Farrington sang "Somebody Loves Me"
admirably, and was encored. The fun of
the piece was contributed by Douglas A.
Flint, as Hagenback, magistrate of Trau
tenfeld, Ed Webb, as Piff Kow, a jack-of-all
trades, and by Gertrude Lodge, as
Barbara, a clean orphan. Mr. Flint's
humor is refreshing. He is a hard-working,
conscientious, fun-producing come
dian. He is constantly jn action, and gen
erally gets a laugh when "he tries. It must
be said, however, that his allusions to
local politics last night were not happy
or funny, probably because the comedian
did not thoroughly understand the situa
tionwhich maybe nobody does.
Taken as a whole, the performance was
highly meritorious and delighted the au
dience. General excellence seems to be
the standard for which all members of
the company work, and they play their
parts with a view to an effective ensem
ble. There are no stars, and they are not
missed. The company is vastly improved
since its last visit, and is now a really
first-class organization.
Tonight "Said Pasha" is the bill. The
opera has recently been given in this city,
and opportunity for comparison with for
mer productions will be afforded.
WORK AMONG YOUNG MEN
"What AVns Accomplished During; tlie
Month of Jannnry.
A meeting of the committee of manage
ment of the Young Men's Christian As
sociation was held in the association
rooms yesterday afternoon. Reports of
the work for the preceding month were
presented and found to be very encour
aging. Tho secretary's statistical report
on attendance for the months of January
was as follows:
Reading-rooms 3,773
Sunday afternoon meetings 615
Sunday morning Bible class 52
Wednesday evening service 62
New Year's reception, etc 1,500
Lectures 600
Committee meetings 66
Educational classes 344
Gymnasium classes 468
Visitors 82
Total attendance 7,563
Number of baths given 335
Visits to sick,. 3
Letters written by young men 158
Directed to boarding-houses 11
Employment found..... 3
New members for January 19
The committeBpn the anniversary meet
ing reported, sfiJCwlnsTafransrements well
In hand. The meeting will be held next
Sunday afternoon in the Marquam Grand
at 3:30 o'clock. General O. O. Howard,
Rev. Dr. Wallace and others will partici
pate in the service. Tbemuslcal features
will be very attractive. There will be a
large chorus and the Handel orchestra
will assist. The entire arrangements will
be completed today, and full programme
announced hereafter.
THE PORTLAND SCHOOLS
Tlie Superintendent's .Report for the
Month, of January.
The city school superintendent's report
for the month ending- February 8 is as follows:
f a I I
gfcj bg .2 . ogl
SCHOOL. g S
5 ars "2 '-S
1 J: 1 ! 1
Albina Central. 258 256.7 252.C 4.198 4 2
Albina hmstd.. 175 176.7 172.7 4.0 97.7 4
Ainsworth 52 51.9 50.4 1.5 97.1...
Atkinson 650 657.2 641J 16.0 97.5" 11
Brooklyn 215 215.0 210.5 4.5 97.91 4
Central 4121 417.3 403.S 33.5 D'i.7 17
Chapman 175! 173.4 369.3 4.1 97.6 6
Clinton Kelly.. 179 177.7 171.9 2.8 9S.4 4
Couch 715 714.7 G9S.6 16.197.7 9
Failing 623 601.5 591.0 10.5 98.2 11
Fernwood 35 35.1 i3.8 1.3 96.2...
Fulton 43 43.0 42.1 .9 97.9 1
Fulton Park.... 54 53.7 51.0 2.7 91.9 1
Harrison S59 863.7 S44.5 19.2 97.7 15
High 561 564.4 543.1 21.3 96.2 4
Holladay 415 412.7 403.4 9.3 97.7 8
Lownsdale -154 155.7 151.0 4.7 96.9 4
Marquam 20 20.5 19.7 .8 96.0...
Multnomah .... 161 169.4 163.1 6.3 96 2 1
North Central.. 395 3S6.5 3S3.6 12.9 96.7 4
Park 571 579.6 567.0 12.6 97.8 32
Peninsular 103 102.9 99.2 3.7 96.4 3
Portsmouth .... 116 114.7 110.9 3.8 96.6 2
Sellwood 169170.1 165.3 4.8 97.3 6
Stephens 455 461.2 443.1 12.197.3 S
St. John's 71 63.1 66.7 1.497.9 2
Sunnyside 290 288.5 273.8 8.7196 9 10
Williams ave... 501 506.9 49G.2I 10.7197.8 7
Woodlawn 2101 210.3 201.8 5.597.3 0
Total Ssil S652.1 S412.3;219.Sj97.4'ie6
PLEASED WITH IT.
Georgre Gould Lilies His Sister An
na's Ensasrement.
NEW YORK, Feb. 12. George Gould
has verified the engagement of his sister
Anna to Count Castellane. "Yes," said
Gould, "my sister is really engaged to
Count Castellane, and we are all much
pleased with the match. I have known
Count Castellane some' time, and think
he will make one of the best of husbands.
I cannot tell you yet when the marriage
will take place, but I think it will be
soon."
Count de Castellane denied absolutely
the rumors that M&s Anna Gould and he
have signed a niarriage settlement by
which he will be $2,000,000 richer on the
day he makes Miss Gould a countess.
"There has not been a word spoken on
the subject," said the count. "I have not
inquired in regard to her fortune, nor has
she asked of mine."
A Memento- of the War.
CHICAGO, Feb. 12. John V.. White,
one of Mosby's rangers, was wounded at
Dranesville on May IS, 1663, and lost his
revolver. Last. night vthe weapon was
placed in his hands by R. M. Parker,
a G. A. R. man, formerly of the Second
Massachusetts cavalry. A friend of White
met Parker yesterday, and the conversa
tion turned on the war. .Mr. Parker men
tioned the revolver and the fact that a
name had been cut on It. It was -e's
name, and the long-lost weapon was
promptly returned to its owner.
A. Prima Donna'a Suit.
NEW YORK, Feb. 12. Carolia Hamil
ton, one of the prima donna sopranos of
the Bcstonlans, is the plaintiff in an action
heard today for a divorce from her hus
band. Charles Edward Hamilton, on stat
utory grounds. Thd plaintiff testified she
bad married the defendant in San Fxan-
1 clsco. There was no defense.
THE1RRIGATMLAWS
THE PLAX FOR FORMING DISTRICTS
AND ISSUING BONDS.
A Bill Recently Introduced of Vital
Importance to the Arid Rcslons
of Eastern. Oregon.
PORTLAND, Feb. 13. To the Editor.)
A bill was introduced In the legislature
yesterday of vital importance to the arid
regions of Eastern Oregon. It is similar
in its general features to the "Wright ir
rigation district law" of California, which
provides for the organization of irriga
tion districts in localities when the same
are feasible.
It is in effect an enabling act, under
which 30 or a majority of the property
owners in a certain locality may call an
election to vote as to whether they shall
organize such a district, three-fif ths of all
the votes cast being necessary to carry It.
After having decided to organize an ir
rigation district, they shall proceed to
elect a board of directors and necessary
officers and adopt a set of by-laws or
regulations to govern the same.
The are now in a position to proceed to
bond the district, same as a school district,
to raise money to build ditches, reservoirs
and flumes, to acquire rights-of-way, etc.,
and to do any and all things necessary
to place the water upon the land.
The great difficulty experienced by
private corporations in selling irrigation
bonds during the last two years has been
that they had only the ditch itsalf to
pledge as security. But under the "irri
gation district law" all the land in the
district becomes security for the payment
of the interest and principal secured by
the bonds, as well as the charges for the
maintenance of the ditches.
There is no risk to take in bonding most
of the districts, which would naturally
come within the scope of this law, for in
most instauces the land without water is
absolutely worthless, but by applying the
necessary amount of water at t'ie proper
time it converts the sagebrush desert
into a land smiling with promise and
teeming with prosperity.
At any rate, if over two-fifths of the
residents of a district are opposed to it,
all they have to do is to reject it at the
polls, either as to organising such dis
trict or bonding the same.
The passage of such a law will cost
nothing to the state. All that is asked for
by the residents of the district is the
privilege of helping themselves, under the
supervision and control of the state gov
ernment. Now in regard to the advantages of ir
rigation, if you will point out a prosper
ous locality west of the Rockies, it is al
most certain to bo an irrigated locality.
In California, take Merced, Fresno,
Visalia, Bakersfield, Los Angeles, River
side, etc., the localities which are rea
sonably prosperous today, and they are
all irrigated ones.
Take Fresno, for Instance; 18 years ago
it only had 509 people, more than half of
whom were Chinese. Now it contains
over 20,000 people and Is still growing and
prospering. It is doubtful if It would have
had 3000 without irrigation.
Take Riverside, a name 20 years ago
almost unknown, and at that time a
sandy waste, producing principally horned
toads and cactus. Now look at it. The
very name at once suggests oranges,
raisins, alfalfa and prosperity. All
brought about by irrigation.
The exports from Riverside county of
agricultural and1 horticultural products ex
ceed $10,000,000 per year, and land under
their ditches sells for from $100 up to $1000
per acre, and the same character of land
above the ditches can bo had for from $10
to $20 per acre.
Take it nearer at hand, in the Yakima
country, which is notably the most pros
perous and progressive portion of the
state of Washington. Its increase in popu
lation, productiveness and valuation,
which have more than doubled in the last
three years, when other sections were go
ing to pieces, is all the result of irriga
tion. Volumes might be written in its favor,
but sufficient for the present. Oregon has
immense tracts of desert land which it
is practicable to irrigate, and one acre
of which land well set in alfalfa will pro
duce mere feed than 100 acres of sage
brush range. All that is necessary to
bring about this metamorphosis is for
the people, in localities where it is prac
ticable, to combine under the provisions
of an "irrigation district law" and do for
themselves.
There Is no chance for any jobs or fat
positions. Those agents of the districts,
who are absolutely required to conduct
the affairs of the districts, of course will
be entitled to reasonable compensation
for the time absolutely given, but no
more. It will be for the interest of every
property-owner In the district to keep the
expense as low as possible; and where
under the ordinary merchant ditch the
right to use water usually costs $10
per acre in the start, with a maintenance
tax of $1 per acre per annum, under the
"irrigation district law" there would be
no charge for a water right, and a main
tenance tax of from 30 cenis to 50 cents
per acre only, required to cover the fixed
charges of interest, repairs, etc., and peo
ple owning land under these ditches, who
would be assessed in proportion, and did
not wish to cultivate the same, could
either rent or sell them to good advant
age, as all such lands would be in de
mand on a remunerative basis on either
proposition.
As before stated, the people are not
compelled to adopt this plan unless they
so declare at the polls, and, as dull as
times are now, it is only fair to allow
people who want to help themselves the
opportunity.
Ther is no reason why 50,000 additional
population should not be added to the
arid regions in Eastern Oregon during the
next five years, and $20,000,000 added to its
taxable property, to say nothing of the
increased trade and commercial relations
between the two portions of the state.
The legislature is asked to appropriate
state funds for various purposes, many of
which are. highly deservingand meritorious,
but here is an opportunity to encourage an
extremely beneficial measure, which costs
nothing. PROGRESS.
NEW PILOT BOAT NEEDED
A Very Proper Appeal, From the
Newspaper of Astoria.
The Astorian.
The Astoria and Pcrtland Chambers of
Commerce should not allow the coming
session of the legislature to adjournwith
out making provision for a safer and
more efficient pilot boat to patrol the
mouth of the Columbia river. To continue
any longer sending men out to perform
such dangerous and arduous service in
the little cockle-shell now serving as pilot
schooner is not only a barbarous exposure
of human life, but a positive absurdity,
considering the real demands of commerce.
In a gale of such duration and severity
as recently blew the English ship Red
Rock away four distinct times from the
river's entrance once so far back on her
course as San Francisco the brave little
San Jose Is absolutely useless, and it is
only by the most skillfuL maneuvering
that the daring souls who compose her
j crew manage to preserve their lives. Dur
ing the late storms along the coast it is
said this poor little smack seemed the
especial spite of the fcaming and furious
billows, and, aside frcm the horrible peril
of her position, the crew endured the ex
cruciating torture of being cramped up
b"elow for whole days in succession, under
tight battenod hatches, while tons of
green water pounded and swirled back and
forth across the frail deck.
Newspapei-s all over the country have
published articles on the thrilling experi
ence of the Jlghtkeepers on Tillamook
rock, and the narratives of hardships and
dangers encountered In the l&Jte hurricane
told by the mastera of great Iron ships will
reappear In future tales and histories of
the sea, but not a word has been said
about, nor has a thought been seemingly
given to the brave men who were caught
by the same storm at their post of public
duty, and sealed up In the stifling hold
of the San Jose, like flies in a bottle, and
went threshing in the angry seas up and
down hundreds of miles of dangerous
coast for days and nights together.
What a tribute it is to the valor and
daring of Oregon's hardy, sons that men
can be found who are willing to serve
the state by remaining out at sea for
weeks in succession, during- the tem
pests of the winter season, on a craft of
the San Jose's puny build and dimen
sions, and it is a wonder that she has not
long ago totally disappeared, or been re
ported as picked up and towed into some
distant port with a crew of raving maniacs
aboard.
In the opinion of competent judges, the
peculiar service off the Columbia en
trance requires a vessel of not less than
SO tons measurement, and of 10 to 12 feet
draft. And it is due to the blunder or
negligence of some one in authority that
such a vessel was not supplied In the
first instance.. The new boat should be
equipped with every modern convenience
for the comfort of the crew, and should
be provided -villi steam power to be used
as an auxiliary to her sails in time of
storm or othsr emergency. It is believed
that an appropriation can be obtained
from the legislature for such purpose with
out difficulty, and the matter should re
ceive attention in proper time to have the
vessel in commission before the next ship
ping season begins.
PAINE ONCE MORE.
Another Protest Against Dr. Locke's
Remarks.
PORTLAND, Feb. 12.-(To the Editor.)
"What altar will shelter a man who has
outraged reason?" Spinoza.
Last Sunday evening Dr. Locke found
it necessary to defend the position taken
by him on Thomas Faine; and, to make
has case stronger, he devoted a great
deal, if not the most part, of his discourse
to. "Tho Fruits of Infidelity." Considering
his attacks upon Paine, and his charges
against those whom he is pleased to des
ignate as "infidels," unjustifiable, I beg
to offer the following thoughts on the
subject, and I shall endeavor to -jc urief.
The quotations read by Rev. Locke sim
ply shew that from the time Paine was
among the living, and up to date, there
have been individuals who, like Dr. Locke,
could find no other way of meeting Paine's
works on the chief dogmas of the church
than by slander and abuse. Protestantism,
which made "the right of private inter
pretation of the Bible" its battle-cry
against Rome, no longer recognizes any
such right on the part of any individual,
and, particularly, when such interpreta
tion exposes its mentally inconceivable
and mathematically impossible proposi
tions. Like Rome, it insists upon a mon
opoly of reason In the line of creed. Its
hostility to enlightenment, and its meth
ods of meeting facts of any character,
practically force it to commit such out
rages upon reason as its attacks upon
such as Paine. They forget that the in
fallible and inspired book proclaims that
"there is not a just man upon the earth
that doeth good and sinneth not" (Eccles.
vii: 20), but demand the right to abuse
Paine because of the sins they ascribe
to him. Yet who does not know that for
every unfavorable line that has been writ
ten against Thomas Paine a hundred fa
vorable ones can be produced! Says the
Rev. John Snyder, in the St. Louis Globe
Democrat: "He (Paine) shared the re
ligious convictions of Washington, Frank
lin and Jefferson, but because he dared to
publlsn his views and speak his mind
frankly, the nation to which he gave his
rich and unpaid services seemed to have
formed a conspiracy to trample ni3 un.
spotted name into the dust of obscurity."
But by far the weakest and most un
justifiable part of his discourse was that
portion which he devoted to the r'ruits
of Infidelity," which portion, by the way,
he evidently withheld from publication.
He opened this portion of his sermon by
the declaration that "there is an irrepres
sible conflict between Christianity and
Infidelity." In this he should have been
as frank as Professor Wilkinson, of Chi
cago, who, before the great parliament of
religions, declared in plain Anglo-Saxon
that "The attitude of Christianity towards
all other religions is one of universal, ab
solute, eternal and unappeasable hostility."
(See Barrows, Rev. J. H., the World's
Parliament of Religions, vol. II, p. 1249.)
Dr. Locke may have as well extended the
limits of the conflict so as to make it
unanimous, the same as our friend from
Chicago.
Proceeding further, he charged every
trouble and misfortune, every crime and
revolution that has ever taken place any
where, to infidelity; declaring, also, that it
ridicules the marriage vows; that it es
tablished no philanthropy, no schools, no
colleges, no libraries.
Among his other declarations of im
portance is that "the supernatural is in
dispensable to human life"; "that the re
ligion ot Mohammed is that of the sword,
while that of Jesus Christ Is one of peace"
(though Matt, x: 34 reads: "I came not
to bring peace but a sword"); "that the
individual character of the infidel is cow
ardly, bold, blatant, abusive, able to face
audiences of sympathetic admirers; that
it encourages dissipation and pertrifaction
of the human heart and feeling; despair,
suicides, etc, etc."
Such, my reader, are the "Fruits of In
fidelity," according to an able and gentle
manly representative of one of the largest
and most influential Protestant denomin
ations in these United States at the close
of the 39th century. What a different pic
ture the "Fruits of Infidelity" represent
according to historical facts! As long as
the representatives of the church of
Christ had their way in dealing with hu
mankind, the reign of darkness and de
spair remained supreme. During all these
long and weary centuries, the "sacred im
postors" v.ere busily engaged in destroy
ing libraries, closing up schools and uni
versities, persecuting and banishing phil
osophers and physicians, torturing, man
gling, quartering and burning every one
who would not submit to mental slavery.
How is it since the "infidels" have suc
ceeded in depriving these ecclesiastics of
the deadly power they exercised so unmer
cifully? Ah, what a transformation! Li
braries, schools, colleges and universities;
"infidel," philosophers and physicians;
poets and artists; inventors and geniuses
in every direction of human activity! How
many of them hold fast to dogmas and
creeds? Truly, the most remarkable thing
is that, though these ecclesiastics claim
everything- and everybody in sight an old
and chronic habit no poet or scientist of
any importance remained under their in
fluence. If this is not sufficient to open
the eyes of the blindest of the blind, then
there is nothing that will.
In conclusion I beg to say that I am
far from crediting all the good to one
side, nor would I think of charging all
evil things to the other. For, believing,
as I do. that everything, be it good or
bad, has Its mission to perform in the
economy of Nature, I am obliged to accept
the philosophical conclusion that in the
ultimate there is nothing either good or
bad, that these are but in the immediate
present, and only in so far as the mind
is affected by it. Yet, when placed at a
point where I must take one side or the
other, guided by the mind, t must make
the choice, and when this is done, like
Luther at the diet of Worms, I must de
clare: "Hier stehe ich! Ich kann nicht
anders! Gott (whatever one understands
bv this word) helfe mlr!" Amen.
W. H. G.
Requisition, for Hazel.
SACRAMENTO, Feb. 12. The governor
of New York signed a requisition on Gov
ernor Budd for William Hazel, proprietor
of the Alcazar theater in San Francisco.
The crime for which Hazel is wanted is
erand larceny. It is alleged that while in
I New York he robbed his sister of $1500.
R. A'. Gunn, 31. D., of New York city,
is known to the medical profession and
to the public throughout the entire
land. He has had an opportunity ot
seeing people's needs, both as professor
of surgery in the United States medical
college and in his extensive practice.
In speaking about one of his patients
who was afflicted with the most terri
ble cf all modern maladies. Bright's dis
ease of the kidneys, he said:
"A chemical and microscopical exam
ination Qi the ' patient's urine revealed
quantities of albumen and granular
tube casts, confirming Bright's disease.
After trying all of the other remedies in
vain, I directed him to use Warner's
Safe Cure. I was greatly surprised to
observe a decided improvement within
a month. Within four months no tube
casts could be found, and only a trace
of albumen, and, as he expressed it, he
felt perfectly well."
Dr. Gunn's experience only confirms
what other physicians and millions of
people have known for many years
that for all female troubles, all kidney
difficulties, and even Bright's disease
itself, there is but one standard, one
well-known remedy, in the world, and
that is Warner's Safe Cure. If you are
suffering from any symptoms, such as
pain in the back, occasional nausea,
pains in the muscles, bearing-down sen
sations, or any of those unmistakable
signs which indicate the coming-on
of this great trouble, you should not
delay a moment, but be warned in time.
Counsel for Hazel argued before Governor
Budd last night against the issuance of
the warrant, claiming that it was simply
a piece of spite work growing out of a
theatrical row. Attorney-General Fitz
gerald appeared for the state of New York.
Governor Budd has taken thematterunder
advisement.
FAILED TO SIGN.
Four Honda Have Not Ajsrecd to the
"Western Rate Sheet.
DENVER, Feb 12. The Rio Grande, the
Rio Grande Western, the Union Pacific
and the Gulf have failed to sign the new
Western rate sheet, and Chairmaa Cald
well has called a meeting of general pas
senger agents In Denver tomorrow to set
tle the differences between these roads
over the division of the Utah business.
Tha meeting may not be held until later in
the week, as Mr. Lomax has wired he
cannot be hc-e before Friday or Satur
day. Representatives of the Union Pa
cific, Gulf and Rio Grande Western will
insist that the headquarters of the com
mittee shall be located in Denver or a
branch office established here to regulate,
the trans-Missouri business.
The San Joaquin Valley Road.
SAN FRANCISCO, Feb. 32. The contin
ued illness of Claus Spreckelslras .pre
vented any definite action upon the arti
cles of incorporation for the San Fran
cisco &. San Joaquin Valley road. The
subcommittee, in whose hands the draft
made by Secretary Preston was placed,
took the subject up for informal discussion:
this morning and referred certain legal
points, upon which definite information is
desired, to attorneys for advice. As to
who will be the incorporators of this road
nothing definite has been decided. It is
assumed as a matter of course by the gen
tlemen of the committee that Claus
Spreckels will be one of the incorporators.
Preliminary to the formal filing of the
articles of incorporation, 'there is a great
deal in the way of detail to be considered.
The committee has taken up, in an infor
mal way, the matter of the by-laws of tha
new road, and in general is outlining thq
scope of the work before It.
Railroad Notes.
A. D. Charlton, general passenger agenH
of the Northern Pacific, has gone to tha
Sound.
Frank O'Neill, traveling passenger agent
of the Northern Pacific, returned yesterdayj
from a trip up the valley.
The North3m Pacific ticket office will
in the near future be moved to the north
east corner of Third and Morrison streets.
C. H. Warren, general manager of the
Great Northern, accompanied by his wife
and son, and J. O. Pattie, superintendent
of motive power, left for Tacoma yester
day morning.
m
Stabbed Hi Brotlier-In-Law.
SALT LAKE, Feb. 32. John Burke,
living near Minersville, Utah, stabbed hia
brother-in-law, Charles Gressman, yester
day, .then borrowed a gun from a neigh
bor and blew his own brains out. Tho
tragedy was the result ot a family quar
rel. Beecham's pills are for bil
iousness, sick headache, diz
ziness, dyspepsia, bad taste
in the mouth, heartburn, tor
pid liver, foul breath, sallow
skin, coated tongue, pimples,
loss of appetite, etc., when
caused by constipation; and
constipation is the most fre
quent cause of all of them.
One of the most important things for
everybody to learn is that constipation
causes more than half the sicknes in the
world.especially of women; and itcan all
be prevented. Goby the book, free at your
druggist's.or write B.F.AUenCo.,365Canal
St., New York. Pills,ice and 25$ a bos.
Annas sales more thia 6,0CO,C0O bole.
AMUSEMENTS.
MARQUAM GRAND OPERA-HOUSI3
Helllg & 31iester lessees and Manager
TONIGHT LAST PEUFOP.3IAXCE
CAX.HOUN OPERA CO.
CALHOUN" OPERA CO.
1 CALHOUN OPERA CO.
SAID PASHA.
SAID PASHA.
SAID PASHA.
SEE THE LIVING FICTGRES.