Morning Oregonian. (Portland, Or.) 1861-1937, February 19, 1895, Page 8, Image 8

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    THE MOBKTNG OREGONIAIT, TUESDAY", I"EBETIA33T 19, 1895.
ILL BARKER OWNS OP
AS INSURANCE SWIXDLER
PLEADS
GUILTY AAD GETS FrVE
Forger Gee Say Some One
It Third. Trial in. the
wood Ziote Case.
TEARS.
Else Bid
LocU-
lUchard Banker -was sentenced to five
years in the penitentiary yesterday by
Judge Stephens.
Banker pleaded guilty to an indictment
charging him with defrauding the A. O.
U. IV. ouof $2000 on an insurance policy,
lie pretended that he had been drowned
and got A. L. Hunter and Harry Hunter
to swear that they had seen him fall
into the river, never to rise again. The
Hunters, father and son, are declared to
have shared the money with Banker.
They have also been indicted for perjury
by the grand jury, and their cases will
soon be called for trial. A charge against
Lydia Banker, wife of Richard Banker,
may not be prosecuted.
The crime of which Banker acknowl
edged his guilt, was committed last fall.
Banker left here in November, 1834. The
A. O. U. Vf. officers became suspicious
and an investigation convinced them that
Banker's drowning was all a hoax. They
put detectives to work and the result was
that Banker was found alive and well in
Sioux City, Iowa. He was arrested and
returned to Portland, and his apprehen
sion led to the arrest of the Huntera as
confederates.
SOMEBODY ELSE DID IT, SAYS GEE.
He Clnlms lie Got the Forced Time
Checks From Another Man.
T. L. Gee, the road time-check forger,
was arraigned before Judge Stephens yes
terday, and given until "Wednesday to
pted. The grand jury had the case of
Goe on hand during the day, and other
indictments against him will soon ap
pear. Geo, according to all accounts, has been
consorting with woaen in a local variety
theater, and became so much enamored
of one frail beauty, that he furnished a
house for her and otherwise made him
self very agreeable at the expense of the
county.
Gee is a very plain individual, about
middle-age, with a wife and family, and
with nothing of a fast appearance about
IiIih, and is apparently the last man in
the world one would suspect of being a
"masher." His particular affinity is just
now seeking a divorce in the state circuit
court from her husband, who is a bar
tender in a saloon. The evidence against
Gee is considered most conclusive. His
defense is that he bought the forged
checks from another man, but he will not
state who this man is. , Gee is believed
by the officers to have had a confederate,
who executed the forgeries upon the face
of the time checks, and this person is
being sought.
XOW FOR A THIRD TRIAL.
The 3Ioy Lung-Alexander Cne Mast
lie Determined Agrnin.
A new trial was granted by Judge Hur
Ipj't yesterday, in the case of A. M.
Alexander vs. Moy Lung. This is the sec
ond new trial of the case. Alexander
sues to recover on a note of $400 assigned
to him by C. E. Lockwood. The Chinese
set up as a defense that the note was
given without consideration, because it
was as payment for fraudulent Chinese
certificates. Moy Lung was victorious at
the first trial, and the second trial was
in favor of Alexander. A motion for a
third trial was made on the grounds that,
in the second trial of the case, one of the
Jurors expressed himself that hevwould
stay out a week before he would bring
in 'a verdict in favor of a "pig-tall." It
was albo claimed that new evidence had
been discovered. The new evidence con
sists In affidavits from Moy Lung and his
wife of a payment by them of $100 on the
note, and that they can produce a re
ceipt from Lockwood to this effect. Lock
iood claims that the 5100 was paid to
him on another cu&e. At the former trials
of the case. May Lung did not produce the
receipt showing the $100. as he did not
know he hnd It. On the ground of this
newly discovered evidence the court grant
ed another trial.
As to the matter of the juror stating In
the jury-room that he would not bring
in a verdict for a "pig-tail." tho court held
that this was not pertinent to the issue,
as It is a well-set principle of law that
a jury cannot impeach its own verdict,
by affidavits of misconduct. Besides, the
jurors had made affidavits that these re
marks in the jury-room did not in any
way influence the verdict.
PRAGER HROTJIERS FROTEST.
HfTort to Remote F. K. Arnold, the
Sew Receix'er.
R. L. Sabin. secretary of the Merchants'
Protective Union, representing Portland
business firms, yesterday, by Dolph, Mat
lory. Simon & Strahan, filed a motion In
Judge Stearns court protesting against
the appointment of a receiver in the case
of rrager Bros., upon the following
grounds:
First Xo case is made by the com
plaint requiring a receiver.
Second Some of the essential allega
tions in the complaint are shown to be
untrue by the records of this court.
Third The defendant was entitled to
notice before such appointment could have
been made.
Fourth The appointment of a receiver
uwdcr the facts alleged, without notice,
was clearly irregular and unauthorized.
The court set the matter for argument
"Wednesday.
Henry Ach, a San Francisco lawyer, rep
resenting San Francisco creditors to the
extent of $16,000. asked permission of the
court to sue the receiver on these claims,
but until the argument upon the appli
cation for the removal of the receiver is
hoard and passed upon, the request ot
Attorney Ach will doubtless be held in
abeyance.
What shall we do in the long winter
evenings? Fry doughnuts made with Dr.
Price's Baking Powder.
A POINT AllOLT KID.VAPIXG.
Attorney Pi pen Ha Imps a. Question, in
the Guff Ciwc.
A demurrer to the Indictment against
Dr. J. V. Gaff was argued yesterday
before Judge Stephens. The indictment
against Gaff charges "that he did felon
iously inveigle and kidnap Maggie E.
Smith, with intent to send her out of the
elate, against her will." in stating his
grounds of objection to the Indictment to
lh court. Attorney Pipes said: "The In
dictment does not charge what consti
tutes the kidnaping, and it should also
say if there was a forcible taking. The
word Inveigle means fraud, rather than
force. Kidnaping Implies force, also false
imprisonment. A person cannot be kid
naped unless there Is force. The Indict
ment therefore should charge seizure. "We
want to know whether the state is charg
ing kidnaping or the other elements in
eluded In the statute. The common law
Snotades ImprironmcRt as well as forcible
llsure to constitute the crime of kidnap
in&. The indictment does not state how.
when and where the kidnaping occurred,
and the force used. If the kidnaping
oensisted of fraudulent taking away, this
should be stated in the indictment. The
word Inveigle is not enough.
"What did Gaff do? Did he persuade
her; did he seise her, or what did he do?
The facts ought to be stated in the indlct
raqnt. In the indictment there are two
crimes stated. It is one crime to kidnap
a pwton and another crime to inveigle a
person. To one of these crimes there must
be force, and to the other fraud."
Deputy District Attorney Malarkey. in
reply to Attorney Pipes, said that what
what common law said about kidnaping
docs not enter into the case. The indict
ment was drawn according to the statute.
It was not necessary to charge forcible
seizure. The statute provides two ways
of drawing an indictment for the crime.
One is that a person did unlawfully seize
another for the purpose of conveying a
person out of the state, and the other that
a perron did inveigle and kidnap another
for the purpose of taking another out of
the state. They did not choose to charge
force. Authorities are to be submitted
upon these points, and Judge Stephens
will render his decision "Wednesday.
Divorce lor Desertion.
Mahala M. Cooper, of Alblna, was di
vorced by Judge Stearns yesterday from
Bergan C. Cooper for desertion. The tes
timony in the case was that Mrs. Cooper
has been compelled "to earn her own liv
ing for several years past, her husband
contributing nothing whatever to her sup
port. In addition to this misconduct upon
his part, he deserted her completely over
a year ago. They were married in Feb
ruary, 1S74, in Lawrence county, Missouri.
The president grows fonder of Gray
Gables every year. They use Dr. Prics's
Baking Powder there.
Court Notes.
License to wed has been issued to George
Shuri, rged 'JS. and Lydia Evans, 26.
The time for Dr. J. "V. Gaff to plead to
the kidnaping Indictment was extended
by Judge Stephens yesterday, by request
of Gaff, until Wednesday.
Judgment by default in favor of the
Commercial National bank and against
the Pioneer "Wood Company for $700 was
rendered yesterday in Judge Shattuck's
court.
Judge Hurley denied a new trial, yes
terday, in the case of A. Floss vs. School
District No. 4L Floss won a suit against
the district for $300 due on school bonds,
of which the school district questioned
the legality by reason of the crooked do
ings of their school clerk, Ryan.
Judge Stephens made an order yester
day reducing the bail of Attorney George
"W. Joseph from $3000 to $1500, and ordered
$1300 returned to D. P. Thompson. Cash
bail of $3000 was furnished for Joseph's
appearance by Mr. Thompson at the time
of the arrest of Joseph, but $1500 Is be
lieved to be ample surety.
A. R. Heintz & Co. have appealed their
suit against Joseph Burkhard to the su
preme court. Heintz fc Co. were non
suited In the state circuit court. Their
claim against Burkhard is for $900 dam
ages by reason of his alleged violation of
a contract made with Heintz & Co. for
Iron work for a building on East Burnside
street.
AMUSEMENTS.
MARQUAM GRAND "Colonel Jack." To
night. CORDRAY'S Riggs Company in "The
Private Secretary." Tonight.
A three-act farce-comedy entitled "Colo
nel Jack" was presented to a comfortably
filled house at the Marquam Grand last
evening by Ricketts' troubadours. There
is some pretense of a plot in the piece, but
it is very flimsy and unsatisfactory, and,
were It not for the specialties that are
introduced in every act, the interest of
the audience could not be retained. How
ever, the combination seemed to please
last evening, and several individual mem
bers received flattering encores, while
there were curtain calls after the first and
second acts.
Mr. Tom Ricketts, in the title role, im
personates an impecunious lawyer, and he
does it cleverly. He is the only member
of the company who attempts legitimate
comedy, and he alternates It with special
ties in the way of songs and dances, and
never fails to produce a laugh when he
tries. Mr. Harry McDowell repeated
rather languidly the lines set down for
Paul Stanton, the "hero," but he showed
more life and considerable ab'llty in songs
and dances. Miss Carrie Roma, while she
failed to make much impression in the
character of Mabel Tassleton, sang sev
eral songs very sweetly, and was roundly
applauded and encored. Mr. RicKetts' lit
tle daughter, Ethel, sang and danced pret
tily. In the second act the O'Brien sisters
appeared in an original dance that was
really the most pleasing thing in the show.
Both are pretty and graceful, and their
performance has In It a smack of novelty
that is refreshing. They were twice en
cored. "Colonel Jack" is on for two nights
more.
"The Privnte Secretary.'
"The Private Secretary," with Mr. Al
Leech in the leading lole, was put on by
the Charles Riggs company at Cordray's
last evening, and a well-filled house wit
nessed the performance. The piece Is
prettily staged and shows careful prep
aration, and, while Mr. Leech's Imper
sonation of Rev. Robert Spauldlng might
not come up to the Ideal of Mr. Gillette,
author and creator. It Is certainly clever
and amusing, and so, commendable. Miss
Foley, as Miss Ashford. does some ex
cellent comedy work, w hlch received recog
nition last evening. The Douglas Catter
mole, jr., of Mr. Henderson is also good.
Messrs. Gilbert, Alger, Fullwood, Mc
Grath, Blumnthal und Sommers, and
Misses Leonard, Drosden and Lewis fill
the other characters, and do it well.
"The Pr!va;e Secretary" is on for the
entire week, with a matinee Saturday.
Lecture on Runla and Siberia.
On Friday and Saturday of this week
the celebrated traveler, lecturer and
author, Mr. George Kennan, will give one
of his interesting lectures at the Mar
quam Grand. The subject on Friday night
will be "Sketches of Personal Experi
ences In Siberia," and on Saturday his
illustrated lecture on "Russian Political
Exiles" will be given. Mr. Kennan Is
too well known as a journalist to need
any Introduction, and those who attend
his lectures can be assured of a most
enjoyable and interesting entertainment.
RUNNING ADVERTISEMENT
A fleshy widowed lady's experience in
farming has caused her to understand
how It gets Its appclation of "running a
farm." She says no farm Is complete
without nunnlng water; that she spends
all her time running chickens out of the
yard; the pigs out of the garden; the cat
tle out of the growing crops; running from
field to field after the hired men; running to
the blacksmith, thegrocer and the butcher,
and running in debt from year to year;
and, therefore, she must sell to some man
who can do this running, to some woman
who has a man to do It, or take the run
ners off from everything on the place
that runs, so she will not be compelled to
run her life out. To the casual observer
her farm seems like a paradise on earth.
There are 275 acres one-half In meadow.
and the finest of meadow land several
acrc of which are beaver-dam. After
damming It the "beavers all "run" away,
andourwidow is thinking of running after
them to see if they won't return and
dam the balance of It for her, and threat
ens, if they refuse to comply with her re
quest, to dam it herself. It lies three
fourths of a mile from the station at
Forest Grove, In the bon-ton adjunct of
the Willamette valley. Land around It
Is held from $75 to $150 per acre, but we
will sell ours at $40 per acre, or will ex
change it for unincumbered city prop
erty that is bringing an income.. The
owner Is a non-producer, and hence must
get something that will yield an Income
sufficient to support her. There Is a. mort
gage of $3009 which the purchaser must
assume or pay off. Drop in for full par
ticulars. DeLASHMUTT & SON,
287-09 Stark street.
BUSINESS ITEMS.
If Baby Is Cnttinpr Teeth,
Be sure to use that old and well-tried remedy,
Mrs. Wlnslow's Soothing Syrup, for children
teetalng. It soothes the child, softens the
turns, allays all pain, cures wind colic and
diarrhoea.
Are free from all crude and irritating matter.
Concentrated medicine only. Carter's Utile
Lier mils. Very small, very easy to take, no
nam no criplng. no purging. Try taesu
IR.1TMLL ASSAILED
THE O. R. & X. COMPANY CRITICISES
HIS RECErVERSHIF.
He Diverts Business From the Line,
It Ik Claimed, Just to Keep
Down the Road's Income.
The Oregon Railway &. Navigation Com
pany yesterday filed In the United States
circuit court its answer to the complaint
of the Farmers' Loan & Trust Company,
under which Mr. McNeill was appointed
receiver. The complaint of the company
is that Mr. McNeill's conduct of the re
ceivership is most detrimental to the in
terests of the company, and that he is
purposly diverting traffic from a part of
the lines.
The answer is long, but these are its
substantial features:
The company's mortgage and Its out
standing indebtedness thereon are not dis
puted, nor is it disputed that there
was default in Interest as charged. The
circumstances of the original Ames suit In
which receivers were originally appointed
over all of the various lines and properties
at the time the Union Pacific system went
into the hands of receivers, are set forth
in the answer substantially as stated in
the Trust Company's foreclosure bill, and
the answer sets forth the substance and
effect of the various pleadings in the Ames
cause under which originally Clark and
others were appointed receivers.
The answer then alleges that the Ore
gon Railway & Navigation Company line
extends from Portland easterly to Hunt
ington, where there is aconnection with the
lines of the Short Line & Northern Rail
way Company, which extends easterly to
Granger, Wyoming, where there is a con
nection with the Union Pacific Company,
and by means of that connection there is a
connection with Eastern lines and systems
throughout the United States, and that,
while the O. R. & N. has a number of
branch lines, the money-earning capacity
of Its lines arises from its main line be
tween Portland and Huntington, and the
railway connections at that point with the
Short LJne & Northern and its Eastern
connections, and that the ability of the
Oregon Railway & Navigation Company
to earn necessary revenue to meet its in
terest obligations depends upon the route
of Its business" between Portland and the
East over Its main lines.
It is further said that by reason of the
receivershipprocecdlngsin the Ames cause,
its lessee, the Short Line & Northern, was
prevented from complying with the terms
of the lease to the O. R. & N., and from
this cause and from the great business de
pression, and the filling off in traffic oc
casioned thereby, nd the extraordinary
floods on the Columbia river, which de
stroyed large portions of the Oregon Rail
way & Navigation Company's road and in
terrupted traffic thereover, the O. R. & N.
lines were unable for a period prior to
July 1, 1894, to earn sufficient net revenues
with which to meet its interest obliga
tions which became due in December,
1S93, and June, 1S94.
The company's answer further says that
Edv in McNeill was appointed upon motion
of the Farmers' Loan & Trust Company
for the express and declared purpose of
operating the O. R. & N. Company's lines
In accordance with the policies, wishes
and directions of the Trust Company, ancl
that Receiver McNeill, since his posses
sion of the O. R. & N. lines, has so man
aged and controled the same solely in ac
cordance with the wishes and policy and
the direction of the Trust Company, and
that he has not managed and controled or
operated the same in the Interests of the
O. R. & N., and for its benefit, and for
the purpose of deriving the greatest prac
ticable and possible revenues therefrom,
and that if he had so operated them, and
If they had been properly managed, and
theroutingof freight and passengers there
over properly directed, and the relations
between the O. R. & N. lines and its East
ern connections been properly maintained,
there would be at this time a sufficient net
revenue In the hands of McNeill, receiver,
more than sufficient to pay off the interest
charges due against the company.
It is further charged ori information and
belief that Receiver McNeill, for the ex
press purpose of preventing the earning
and receipt of sufficient revenues with
which to-meet and pay for interest charges,
has diverted the freight and passenger
business originating and destined to Port
land, and which ought properly to be trans
ported over the whole main line of the
company, and so diverted this traffic at
junction points at Lacrosse Junction, Wal
lula Junction, and other intermediate
points in the state of Washington, where
by, by reason of this diversion, the freight
and passenger business, which ordinarily
ought to go over the entire main line of
the O. R. & N., has been diverted from
the main line and routed for the balance
of the haul over other lines, and thus the
earning capacity of the O. R. & N. has
been depreciated, and the O. R. & N. has
been denied much of the revenue which
would otherwise have accrued to it, had
the traffic been routed over the entire line
of the O. R. & N., as it should have been.
It Is also said that notwithstanding this
diversion of business from the O. R. & N.
llneat these Intermediate connecting points
to other branch lines of other companies,
whose business Is not valuable to the O. R.
& N., Receiver McNeill has nevertheless
received and has In his possession sufficient
revenues to meet and pay off the interest
coupons of the consolidated mortgage;
that these revenues ought to be applied in
payment of the coupons of this mortgage
now due, in which event the Trust Com
pany's action must abate and the posses
sion of the O. R. & N. properties be turned
over to Its corporate officers.
Tho answer further says that had Re
ceiver McNeill continued the routing and
transportation of business between Port
land and Eastern pc'nts over the entire
main line of the company, as It had for
merly been done, and as It ought now to
be done. Receiver McNeill would now
have in his possessior revenues largely
in excess of the amount necessary to pay
off all Interest coupons of the company,
and that Receiver McNeill Is now so op
erating the company's lines under the di
rections of the Farmers' Loan & Trust
Company for the express purpose of so re
ducing its net revenue that the same may
be Insufficient to pay off the interest
coupons due the trust company. In order
that its suit may not abate, and In order
that the trust company may continue to
unjustly and Illegally retain possession
and continue the operation of the com
pany properties through Receiver McNeill.
It is also alleged In the answer that the
receivership of Receiver McNeill was,
upon motion, extended to the lines of the
Oregon Railway Extensions Company and
of the "Washington &r Idaho Railroad Com
pany, which were lines constructed In
Washington and over which the Uen of
the O. R. & X. consolidated mortgage
did not extend, and that by means of
this extension of receivership over the
Extensions company and the Washington
& Idaho Railroad Company, McNeill, as
receiver of all of the properties, has been
operating the same as joint lines, not in
the interests of the O. R. & N., but ex
pressly for the purpose of diverting a large
portion of the through traffic and that
originating on the O. R. &. N. lines to
those other companies in the state of
Washington, and that for the purpose of
enabling him thus to divert from the O.
R. & N. lines to the Extensions company
and the Washington & Idaho Railroad
Company he Is paying to those companies
unjust and unfair portions of the through
traffic, and that thus the receipts and
revenues of the O. R. & N. lines are un
justly and Illegally reduced, and all for
the purpose of preventing the O. R. & N.
lines from earning moneys with which
to pay Its obligations, and so that the
Farmers' Loan & Trust Company might
continue to control and direct the opera
tion of the O. R. & N. lines.
It Is charged also in the answer that for
the purpose of tnus diverting revenue from
the O. R. & N. lines and the unlawful
diminution of revenue naturally accruing
thereto, the Farmers Ixan & Trust Com
pany has prematurely brought suit and
there is no grt-und for the receivership
or for the continuation thereof over the
O. R. & N. lines, and it is charged that
by and through its corporate officials the
O. R. & N. Company has from time to
time requested from Receiver McNeill a
full and complete statement of the busi
ness operations of its railway lines in his
hands, and o" the revenue, receipts and
expenditures and accumulations thereof,
but that Receiver McNeill has at all times
neglected and refused to comply with this
reasonable request, and refuses to advise
the O. R. & N. Company of the details
of his (McNeill's) management, and of
the expenditures necessary to operate the
same, and of the revenues which have
come into his possession and the company
therefore Is not able to answer specifically
and set forth any account of the several
matters which they have charged against
Receiver McNeill and the trustee of the
consolidated mortgage, the Farmers' Loan
& Trust Company.
It Is prayed that the Farmers' Loan &
Trust Company may be dismissed and
the receivership be terminated.
In explanation of some of its features,
representatives of the O. R. & N. Company
make the following statement:
"The O. R. & X. Company s main line
runs from Portland to Huntington, but
has a branch from Wallula Junction to
Heppner, and a small branch from Uma
tilla Junction to Wallula Junction, and a
small branch from Pendleton Junction to
Blue Mountain; a small branch also from
Milton, through Walla Walla, to Lacrosse
Junction, and-a small branch from Star
buck to Poraeroy, and from Bolles Junc
tion to Dayton. In order to get to Spo
kane and thence East, a person leaving
Portland over the O. R. & N. must travel
over the O. R. & N. line to Pendleton;
thence over the O. R. & N. line to Blue
Mountain: thence over the Walla Walla
& Columbia River railroad lines to Mil
ton; thence over the O. R. & N. line to
LaCrosse Junction; thence over the Co
lumbia & Palouse railroad from La Crosse
Junction to Farmlngton, and thence over
the Washington & Iaaho railroad Com
pany to Spokane. In other words, one
has to travel over four different lines of
railroad owned by different railroad com
ranles, In order to reach Spokane and
make Eastern connections; while If one
traveled over the main line of the O. R. &
X., he could go through the entire line
from Portland to Huntington and make
Eastern connections at that point, and the
portion of Jie answer which speaks of
diversion of traffic from the main line
refers to diverting to the Washington &
Idaho Railroad Company, to the Walla,
Walla & Columbia River Railroad Com
pany, to the Columbia & Palouse Railroad
Company, and the answer practically says
that all of these railway companies and
their lines are being paid undue propor
tions necessary to enable McNeill to di
vert from the main line of the O. R. & N.
"There is about 400 miles of main line
of the O. R. & N. that aro being sacrificed
whenever through business is routed by
way of Spokane.
"The O. R. &. N. is popularly supposed
to own the stock and bonds of much of
these other lines referred to, but this stock
and these bonds have been In turn pledged
by the O. R. & N. under its collateral trust
mortgage, and therefore, whenever the O.
R. & N. seeks now to take care of these
lines. In whloh It owns stocks and bonds.
It Is sacrificing Its own first mortgage
creditors and Its consolidated mortgage
creditors, who have mortgages on its main
line."
SUIT TO FORECLOSE.
Titles to Land in. George Brock Claim
Much Entangled.
OREGON CITY. Feb. IS. Herman
Hullman, of Portland, today began suit
in this county against Leonard Becker,
S. R. Jessup, t J. B. Laber and a dozen
others to foreclose a mortgage for $1600,
given by Becktfr May 24, 1892, on 220 acres
of land In the. George Brock claim oppo
site New Era. -The other defendants pur
chased land in the tract at later dates.
Through the operations of Mr. Laber the
title to much of this land is very much
snarled, and it is understood that by this
action the later claimants will be enabled
to purchase their property again at sher
iff's sale, and will thus straighten out
their titles
Suit has also been begun by County
Clerk Hortori: against E. M. Rands to
collect $75, which the plaintiff had to pay
by reason of. signing an accommodation
note with the defendant.
The Junior Order of United American
Mechanics will hold its state council in
this city tomorrow and Wednesday in the
Knights of Pythias hall. More than 100
delegates from all parts of the state are
expected to be present. The annual elec
tion of officers will take place at this
meeting.
Ella M., wife of Claude M. Bacon, died
last evening, aged 23 years. The couple
w ere married only about two months ago.
The funeral will be held tomorrow.
Charles Knowles has not yet had his
examination op. the charge of murdering
James M. Brpwn at Wilhoit last Jan
uary. The examination Is postponed at
the request of the prisoner, who wishes
his mother to.be present to testify in his
behalf. She has been quite seriously ill
for some time,
Man's destiny is in his own hands.
Pure food cooked with Dr. Price's Bak
ing Powder will help him to accomplish
it.
REAL ESTATE TRANSFERS
Eighteen deeds. aggregating $15,343, were filed
for record yesterday with the county recorder,
as follows:
Sheriff to H. B. Noble, lots 1 to 5. 16 to
?0. blk 31. Portsmouth $ 700
T. S. Townsend and wife to E. M. Cor-
bu"?, lot 21, blk -1, Townsend's add 400
F. Hill to J. E. Haseltine, lots C. 7. blk
6. Germanla A 275
J. T. Dooley and wife to C. Mautz, lots 3,
4, blk 2. Stanley 400
M. "W. Kishor ct al. to W. D. Fraley,
lot S, blk 11, Cloverdale Ex 300
G. B. Van Houten. trustee, and wife to
C L. McKenna. lota 7, 16. blk 11; lots
0, 10. blk 1J. Portsmouth 1
SL J. Slocum to J. A. J. Kinicl, lots 0 to
16. blk 14. Klnsel Park 150
J. Hyland and wife to M. J. Slocum,
same - 1
P. A. Kinzel et aU to C. H. Grund. lot
7, blk 15. same 300
A. Oberdorfer to M. SIchel, deed of as
signee 1
Portland Trust Co. to P. "VV. Irish, lots
1C, 17. blk 12, Tremont Place 373
A. Gelsler to G. W. Matthews, lot 7. blk
1, Howitt ICO
W. Reidt and wife to G. Ochler. 20 acres,
sec 10, 2 X.. 2 W 1,200
X. N. Steeves to W. O. Allen, ICO acres,
sec S. 1 N.. G E 3,000
Sheriff to A. Archambault. lots C. 7. blk
2. Excelsior 133
L. F. Grover and wife to Ass'd B. & Tr.
Co.. part sec 14, 1 N.. 1 W l
A. B. West and wife to A. Thompson,
lot E. Sunnyslope 1
A. V. Bruce to F. H. Bass, lot 5, blk 6.
Henry's add 8.000
Total -,...$15,343
Titles Examined and Insured.
Money to lend on Improved city property.
The Title Guarantee & Trust Company,
Chamber of Commerce.
The Peabody Centennial.
PEABODT, Mass.. Feb. 18. This town
today celebrated the centennial of the
birth of Philanthropist George Peabody.
Flags floated from public buildings, while
the decoration of private residences was
general. School children at the Peabody
institute listened to an address by Rev.
J. W. Hunt o2 "George Peabody." This
afternoon In the town hall public exercises
were continued, with an address by Fran
cis Appleton, an oration by Lieutenant
Governor Walcott, and a poem "One Hun
dred Years." by Rev. Minot Savage.
For twentv-flve cents, you can get Car
ter's Little Liver Pills the best liver regu
lator in the world. Don't forget this. One
pill a doce.
When weak, weary and worn out,
Hcod's Sarsaparilla is just the medicine.
KENMNOraECZARI
THE FAMOUS TRAVELER TELLS OF
RUSSLVN CONDITIONS.
Religions Presecutions of the Late
Ruler A Nctt Story About tlie
Princess of Wales.
Mr. George Kennan, the famous writer,
traveler and investigator of the Russian
convict system in Siberia, was in Portland
Saturday and Sunday. He has gone to
Tacoma, where he will lecture, and then
go to Seattle. He will return to Portland
next Thursday.
Mr. Kennan was interviewed at the Port
land Sunday. He is not an ordinary look
ing man. He is tall, thin and dark, and
bearing the unmistakable stamp of one
who has endured long-continued hard
ship. Mr. Kennan chatted freely about
Russia, the new czar, Russia's attitude
in the Oriental imbroglio, her army, her
literature, and the probable future of the
country. He said:
"Very little Is known of the character or
disposition of the new czar. Only his
teachers and a few others who may have
been brought in direct contact with him
for a considerable period are qualified to
speak with certainty on this point, but
they have not been heard from. I had an
opportunity once to observe him for an
hour or more close at hand. He does not
resemble his father, but is like his mother,
who was the Princess Dagmar of Den
mark and sister of Princess of Wales. He
has Iier eyes and, I think, something
of her character. His father was a dark,
heavy man, kindly enough, but extraord
inarily obstinate, and a religious bigot of
the most pronounced type; one who be
lieved that those who dissented from the
doctrines of the orthodox Greek church
were destined to eternal hell fire, and that
he was justified In punishing such dis
senters in this world in order that they
might be saved from greater punishment
in the next. It is thought the new czar
will not prove such a bigot, and that he
will be more plastic, more susceptible to
the influence of his mother and the court
advisors. If his mother is able to Influ
ence him at all. It will undoubtedly be in
the direction of tolerence, humanity and
better government. She Is a woman of
noble character, and has lost none of the
influences of her education and the 'civili
zation of Western Europe. I know it to
be a fact that on more than one occasion
she attempted to persuade her husband
from his inhumanity and intolerance in
the persecution of religious dissenters and
others. The persecution of the Jews was
nothing more nor less than a religious
persecution. At the height of the czar's
bitter persecution of that race, the Prin
cess of Wales sent a letter to her sister,
the czarina, begging her to plead with
the czar that the injustice should cease.
The czarina did so and brought upon her
self an exceedingly stern, almost violent
rebuke. I know of this matter,, having
talked in London with the gentleman who
carried the letter from the princess to
the czarina.
. "If the young czar accomplishes nothing
more in his reign than putting an end to
religious persecution, he will have done
much. No one living outside of Russia
can realize the extent torwhich religious
intolerance is carried there. It is a penal
offense, punishment by banishment to
Siberia, for anyone to attempt to persuade
another to dissent from the orthodox
church, and, if he should, In making such
an attempt, say anything which could be
construed as disrespectful of any of the
saints, holy pictures, relics and other
paraphernallaof the church, he can be sent
to hard labor in the mines. In order to
understand the reason for the bitterness
of this persecution, it is not only neces
sary to understand the relations between
the church and state. They are simply
joined together by the strongest of bonds,
the knowledge that If one loses power the
other must likewise become weaker. By
the average Russian the czar Is reverenced
as akin to a God. Whatever he does must
be right. The church helps to keep this
belief established. If a Russian becomes
so advanced as to begin to doubt some
of the extreme doctrines of the church
he Is likely to end by doubting the position
assumed by the czar and to become dis
contented under his tyrannical rule. The
government feels that Its strength lies
in the absolute subjection of the subject.
"There are many dissenting sects in
Russia. They arc not all persecuted with
equal relentlessness, but the sect toward
which the government has been particu
larly bitter Is the Stundlst denomination.
The Stundists are considered very dan
gerous to the state. This would seem
strange on the surface, as they are re
markable for their piety and noble vir
tues. They are a type of primitive Chris
tians. They reject the teaching of the
church, which Is to the effect that abso
lution from sins may be purchased by
pilgrimages to the shrine. of some saint,
or the payment of money for masses,
ceremonies or relics. They take the new
Testament and observe that no such doc
trines are taught therein. They m'eet at
each other's houses, pray and read chap
ters from the Testament. That is all.
Tolstoi sympathizes with them; all who
are not bigots sympathize with them.
Thousands of religious dissenters have
been sent to Siberia. There they are con
splcuous by their virtue and the patience
with which they endure their suffering.
The governor of Siberia told mc that If
there were no other criminals than dis
senters in Siberia, the region could be left
to govern Itself.
"But the Russian church is not in har
mony with the Russian peasant. The
peasant is by nature a truth seeker and
an honest thinker, and If he thinks for
himself in religious matters, he will be a
dissenter. The church is all form and
ritual, very impressive, but it does not
satisfy the peasant nature. The common
Russian is not such a clod as he seems in
l his rough and hairy exterior. He pos
sesses a vivid imagination, and Is as brave
as a Hon in battle. He has a wealth of
folk lore. Hardly any other land Is so
rich in folk lore as Russia. Volumes
of It might be written sufficient to stock
a library.
"No missionary may enter Russia,
whether for the purpose of making con
verts or merely to pass through without
desiring to stop. The law is very strict
on this point, end Is rigidly enforced.
"The literature of Russia Is crushed. No
other word can so fully express It. It is
crushed because 'it is dangerous to the
state.' You se. It Is this way: When you
write a novel, a story, a poem or a play,
If you would vmtc of what you know you
must take your characters and plot from
the people and conditions surrounding
you. In Russia the power of the govern
ment is manifest in all surroundings. The
characters of the pecple are formed by
their relations to the government, and
the dramatic incidents grow out of the
government's manifestation. Consequent
ly, very little can be truthfully written
without bringing out these things, and the
censor promptly gags the author. Twenty
years ago Russia had one of the most
promising literatures of any language in
embryo. Such a galaxy of writers was
then becoming known to fame in Russia
as any land might be proud to boast of.
But they were discouraged, suppressed
and gagged."
Mr. Kennin was asked for an opinion
regarding the attitude of Russia in the
Orient, He said:
"Vladivostock Is the port of Russia on
the Pacific, but it is so far north that it
Is frozen for three months of the year.
The czar undoubtedly has his eye on a
port further south, and when he can get
It without fear of a rupture "with England
or some other powerful nation, he will un
doubtedly take it. Russia took the Amoor
from the Chinese, and she will doubtless
take more when a good opportunity
offers."
"What of Russia's future, Mr. Ken
nan?" "That Is difficult to forecast. The pres
ent condition of things in Russia is the
result of the conditions of centuries. The
Russian has become so Inured to despot
ism that he bears, without a thought of
murmuring, oppression which "Englishmen
or Americans would not endure for an In
stant. A change must come some time,
of course. Whether it will be brought
about by a bloody revolution or by some
monarch great enough and wise enough
to see the necessity of granting a more
liberal form of government, remains to
be seen. The only revolution which could
be started with any hope of success at
the present time would be a revolt of
the army. The army, by the way, Is In
ferior In organization. In transportation
facilities, commissariat and other features
to the other great governments. Corrup
tion is notorious in all Its branches. In
this respect It Is like the army of China
In its present war with Japan, and per
haps the only thins that would prevent
its defeat in a parallel case, as a war
with Germany, for example, would be the
splendid bravery and patriotism of the
Rusisan soldier.
"Probably no other man In all the world
has such an opportunity to distinguish
himself as the czar of Russia. No other
man has the power of o'oing so much good
to so many millions of people by merely
raising a finger. Here is a chance for him
to make himself a world's hero, to out
shine in history thousands of years hence
the name of Peter the Great; to go down
through the ages as one of the very great
est and noblest men that ever lived."
THE WOMEN'S MEETING.
Opening: Session of the National
Conncll at "Washington.
WASHINGTON, dT C, Feb. IS. The
second triennial of the National Council
of Women of the United States began to
day. President Mrs. Sewell, of Indianap
olis, called the convention to order at 10
o'clock.
The gathering was a representative one.
Dress reformers and women In gowns ot
the latest mode sat side by shle, while here
and there could be seen the bonnet of a
Quakeress. Conspicuous in the gathering
were:
Countess of Aberdeen, president of the
International Council of Women; Lady
Somerset, Miss Willard. of Illinois, presi
dent of the National Woman's Christian
Temperance Union ; Mrs. Russell Sage, of
New York; Mrs. Grannis. of New York,
president of the National Christian League
for the , Promotion of Social Purity; Mrs.
Foster, of Washington, D. C, president of
the Woman's Republican Association of
the United States; Mrs. Solomon, of Illi
nois, president of the National Council of
Jewish Women; Mrs. Annie Jenness Miller,
dress reformer.
Among the fraternal organizations repre
sented were: The Woman's National In
dian Association, the National Women's
Auxiliary of the Keeley League, Working
Women's Society and International Orders
of King's Daughters and Sons.
The opening session began with prayer.
The presentation of greetings from the
National Council of Women of Canada and
other organizations followed, and the ses
sion concluded with an address by Presi
dent May Wright Sewall.
DEATH WAS PREFERRED.
A Sea Captain "Who- Committed Sni
clde Rather Than. Go to Prison.
SAN FRANCISCO. Feb. 18. The Ger
man bark Paul Isenberg has arrived from
Honolulu with the first mate in command.
The bark left San Francisco about a year
ago with Captain Biet in command for
Hamburg. On the voyage one of the sail
ors was so maltreated by the captain and
mate that he died. Both men were ar
rested in Germany and charged with
manslaughter. The captain, after a pre
liminary examination, was allowed his
liberty on bonds and permitted to make
a voyage to Honolulu with his ship on the
condition that he would, take the same
punishment giv,en the mate, who would
remain and stand trial. When the bark
reached Honolulu a letter was handed
him by the German consul informing him
that his partner in the "crime had been
sentenced to eight years' imprisonment,
and he should consider himself a convict.
Rather than serve a sentence on his re
turn to Germany, he committed suicide,
and the first mate took command of the
bark on her voyage to San Francisco.
The Seventh, in the Family.
PORT JERVIS, N. Y., Feb. 18. Mrs.
Jane Courtright died here suddenly last
week. This makes seven unexpected
deaths m this family. Her husband, John
White, while drawing hay in 1S72, ell in
sensible from the load, and before neigh
bors could get him to a house, lie was
dead. A sister, while on her way home
from a neighbor's, fell dead, and a brother
and three other sisters were found dead
In their beds at various times.
Jnry Disagreed in. Secor's Case.
LOS ANGELES, Feb. 18. The jury in
the case of the People vs. Ralph Secor,
charged with having murdered James
Huston, reported a disagreement this
morning and was discharged by the court.
It was out since Saturday evening, and
stood six to six for acquittal. Secor
killed Huston by shooting him with a
shotgun, because, iti s said, Huston in
terfered with his domestic affairs.
HOTEL ARRIVALS.
PORTLAND.
C A Richardson, StjT McCoy, Chicago
Louis 'F J Gelsler and wife,
J W Hewitt, Omahal City
R Smith, Perry. OrlMrs A Holbrook. Cty
H S Greene. Chi (Mrs H S Gile. Clty
A C Kennedy, N Y Miss E Gile. City
R Dickson, S F Mr A L Gile, City
E B Dana, NY A R Whitney, jr.
F B Sadler. N Y
Everett
J Li Lawrence, S F
C B Hopkins, Spo
kane S J Couger, S F
G Jones, S F
E D Hall, City
F Ritchet. Si Paul
Thos Doyle, Clty
W E Clark, Phlla
A F Burleigh, Seat
tle E B Lyon. Mnpls
H G Strove, Seattle
N Phillips, S F
H Jacohy. jv x
W H Leeds, Salem
W B Daniels, Van
couver
J L Pendleton, Sara
toga, cai
B F Shaw, Olympla
C W Dorr, What-:
com
C C Dalton. Ilwaco
S Long, Chicago
G F Brophy, Winni-i
peg
C H Herbert and
A Heilbruner, jr., N
x
wife, Grand Rapids
Occidental Hotel. Seattle.
Rates reduced from S3 50 to $2 perday.
.
In every receipt
requiring a
3
r&
leaveninar agent use
"
IkfingPostfeF J
It does tne most
work and the
best work and
is perfectly,
wholesome.
s
4f
jti Our cook book mailed free on rtcript t
T, of Jump and address. jf
Cleveland Bakini: Powder Co.,
EiFullcnSt.,NewYor!c
V
-
THE FZL?r.TmL.
!iEGDH. BUILDING
i$yl
n&k tLJlh mm
DIRECTORY OF OCCUPANTS.
ARISTOS SOCIAL CLUB 211, 212. 213??H
ASSOCIATED PRESS. E. L. Powell. Man
ager ..T soa
BARBER. DR. S. J.. Dentist C0S-603
BECKWITH. H.. Route Agent Pacific Ex
press Company sol
DELL. DR. J. P.. Physician and Surgeon."
711-713
BIXSWANGER. DR. O. S.. Physlcaa and
Surgeon . 411-413
BROWN BROS. CO., "Continental Nurser
ies" 612-M3-614
BLAXDFORD. S. II.. U. S. Weather Bu.
reau 903
BUILDERS' EXCHANGE S0O
CATLIN. W. "IV.. Receiver Oregon National
Bank 305-30G
CAUKIN. G. E., District Agent Travelers'
Insurance Co 705
CARD-WELL. DR. HERBERT W.. Physi
cian 703
CAKDWBLL. DR. J. R,. Dentist.. .SOS-SosiO
CHAPPELL BROWNE. P.. Architect 700
COLUMBIA TELEPHONE CO COO
CUMMING. DR. AVil.. Dentist 408-400
DICKSON, DR. J. F.. Physician 713-714
DRAKE. DR. H. B.. Physician 512-513-5H
EQUITABLE LIFE ASSURANCE SOCI
ETY, J. B. Wrangham. Cashier... .509-510-511
EVENING TELEGRAM 325 Alder St.
FENTON. DR. J. D.. Physician and Sur
geon
FENTON. DR. HICKS C. Physlcan and
Surgeon 303
FENTON & FENTON. DRS.. Surgeons.303-31D
FENTON, DR. MATTHEW F.. Dentist... .3302
FERRIS. DR. FRANK E Dentist 311-312
GIESY. DR. A. J.. Physician- 710
GIESY & CARDWELL. Drs.. Physicians...70J
GODDARD, E. C. & CO., footwear, ground
floor .. 120 Sixth st.
GRAVES. DR. J. L., Dentist S04-803
HELMBOLD. R. P., Special Agent Manhat
tan Life - 203
MACKAY, DR. A. E., Physician and Sur-
geon ..........-. 704-703
MAXWELL, DR. W. E., Physician and Sur
geon 701-702-703
MORRIS, E. C. Secretary and Manager
Brown Bros. Co ... . 614
MOSSMAN. DR. E. P.. Dentist 512-513-514
MANHATTAN LIFE ASSURANCE CO.. of
New York, S. E. Mulford. Manager.20S-209-210
McELROY, DR. J. G., Physician and Sur
geon - .701-702-703
McMILLAN. N.. Real Estate Loans S01
McGUIRE. H. D., State Fish and Game Pro
tector 811
MILLER. DR. H. C. Dentist .... 403-403
MULFORD, S. E., Manager Manhattan Life
-. 208-209-218
McFADEN, MISS IDA E Stenographer and
Typewriter 208
OREGON NATIONAL BANK. W. W. Cat-
Iln. Receiver .. . 305-303
PACIFIC BANKER AND INVESTOR. L.
Stagge. Editor , . ...... .803
PAGUE & BLANDFORD, Attorneys - at -
Law 71)
REED & MALCOLM, Opticians, ground floor
- 133 Sixth st.
RIGGS. DR. J. O.. Dentist 603
ROBERTS, A., Merchant Tailor 131 Sixth 3t.
REID. JR.. R. R.. Special Agent Equitable
Life - 511
SAMUEL. L.. Special Agent Equitable Life.511
SCHMIDT & ROBLIN. General Agency. 303
STOLTE. CHARLES EDWARD 803
STUART, DELL. Attorney-at-Law..61G-617-G13
STUART & YOUNG. Attorneys-at-Law
616-617-613
STEVENSON. W. XL, and HELMBOLD. R.
P., State Agents Manhattan Life...208-209-210
SUPERINTENDENT'S OFFICE 20G
THE FAIRFAX-GREENE PIANO STUDIO
203
TIMMS. MISS EDNA D.. Portrait Artlst....S02
TUCKER, DR. GEO. F., Dentist 610-C11
U. S. WEATHER BUREAU 307-90S-003
WILSON, DR. EDWARD N.. Physician and
Surgeon 304-303
WILSON, DR HOLT C, Physician 507-508
WRANGHAM. J. B.. Cashier Equitable 503
WHITING. DR. S., Physician and Surgeon
501-503
WOOD. DR. JAMES B.. Physician and Sur
geon 312-313
WOOD, DR. W. L.. Physician 413-414
YOUNG, GEO. D.. Attorney-at-Law.616-617-G18
A few more elesrant olliccs may be
bad ly applying to Portland Trust
Company, of Portland, Orcgun, l'JJ)
First street, or to the rent cleric in
tlil liuilillnjc-
AMUSEMENTS.
MARQUAM GRAND OPERA-HOUSE
Heillg & Lesster ...Lessees and Managers
FRIDAY AND SATURDAY,
Feb. 22 and 23.
GEORGE KENNAN.
The Distinguished Russian and Siberian Trav
eler and Lecturer.
FRIDAY "Sketches of Personal Adventures
In Siberia."
SATURDAY "Russion Political Exiles" (il
lustrated). Sale opens Wednesday at 9 A. M. Prices
Lower floor, 50c and 75c: dres3 circle, 25c and
50c; gallery, 25c; boxes, ?5.
MARQUAM GRAND OPERA-HOUSE
Hellig & Lefister .......Lessees and Manager3
Three Nights Commencing Feb. 18,
RICKETTS' TROUBADORS.
Mr. Tom Ricketts and his Company of Come
dians, in the Latest Farcical Comedy,
"COLONEL JACK."
Sale opens Friday. Feb. 13. at 9 o'clock.
Prices Lower floor. 75c and SI; balcony. 33a
and 50c: gallery, 25c; boxes, $7.50.
GRATEFUL COMFORTING.
EPPS'S C0CA
BREAKFAST SUPPER.
"By a thorough knowledge of the natural
laws which govern the operations of digestion
and nutrition, and by a careful application of
the fine properties of well-selected Cocoa. Mr.
Epp3 has provided for our breakfast and sup
per a. delicately fia.-ored beverage which may
tu.w us many doctors' bills. It Is by the Judi
cious use of such articles of diet that a consti
tution may be gradually built up until strong
enough to resist every tendency to disease.
Hundreds of subtle maladies are floating around
us readv to attack us wherever there is a weak
point. We may escape many a fatal shaft bv
keeping ourselves well fortified with pure blood
and a properly nourished frame." Civil Servica
Gazette.
Made simply with boiling water or milk. Sold
only in half-pound tins, by Grocers, labeled
thus:
JAMES EPPS & CO., Ltd., Homeopathic Cheia-,
lsts, London. England.
IvfiDXES
DO TOU KNOW
DR FELIX ItH SROfl'S
STEEL AND PENNYROYAL PILLS
are the original and only FRENCH, safe ana
reliable cure on the market. Price ill sent by
mail. Genuine sold only by
"Wisdom DniK Co.. Sole Agents, Port
land, Oregoa.
E. R. P- RADWAY'S READY RELIEF stops
pain, cures congestion and allays inflammation