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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Feb. 21, 1895)
THE MORNING" OREGONIAN, TUCSSDAY, EEBBTJABY 21. 1895. LOSERS PAY PKO RATA LIMITED LIABILITY IX THE ANXD3 FAIO.VmiECK CASE. Jndgre Hanford's Jew Application, of Maritime Laxv Victory for O. It. &, N. and Short Line. A very important decision on the ques tion of owner's liability for loss of life and property by wreck of any kind of vessel employed In inland navigation has just been rendered by Judge Hanford, of the United States district court for Wash ington, in his ruling on the steamer Annie Faxon case. The Annie Faxon, -which was owned by the O. K. & N. Co., was wrecked by a boiler explosion on Snake river, Au gust 14, 1888, causing considerable loss of life and property. A number of suits for damages were brought against the own ers, which were finally carried before the federal court. Judge Hanford based his decision on the Dingley shipping act-of lS&i, and holds that the liability is limited to the appraised value of the vessel and freight pending. The Annie Faxon was leased by the O. R. & N. Co. to the Oregon Short Line & "Utah Northern railway. The boat ran between Rlparla, Wash., and Lewlston, Idaho. Her certificate of inspection, dated about seven months before the explosion, allowed a maximum steam pressure of 125 pounds to the square inch. In June, 1688, some repairs were made about the raachlneryt Including the placing of a new mudring In the boiler, but no new Inspec tion was made. When the accident oc curred the steamer was going down stream with a pressure of 110 pounds of steam, and the safety-valve set to blow oft at 12a pounds. The boat was badiy wrecked, the entire superstructure and upper deck being destroyed. Eight per sons were killed and 15 wounded. Suits for damages aggregating $370,000 against the owner and lessees of the ves sel were brought by the following claim ants: Daniel H. Bechtol, personal Injury, 540,000; Lewis T. Lawton, personal injury. $170,009; E. V. Kuykendall, administrator for William Kidd's estate, $20,000; Mary A. Mcintosh, administratrix for the estaTe of John A. Jlclntosh, $50,000; Susan E. Mc intosh, administratrix for the estate of Thomas Mcintosh, $50,000; E. V. Kuyken dall, administrator for the estate of H. E. Bush, $20,000; Lucy McComb et al., heirs of Scott McComb, $20,000. Each claimant took the ground that the injuries for which they asked damages had been caused by the negligence of the compa nies, their servants and agents, and con tested the right of the owner and lessees to take refuge under the limited liability act. The O. It. & N. Co. as owner, and the Oregon Short Line & Utah Northern Railway Company as lessees, petitioned the court to adjudicate their liability for damages resulting from the explosion. Acting as a court of admiralty, the court made an order for the appraisement of the vessel and freight pending, and required all claimants for damages by loss or Injury to sumbit proof of their claims, for bidding any suit for damages until the cause should be finally determined. The appraised valuation of the vessel was placed at $85,000. The libelants claimed the benefit of law limiting the liability of shipowners, but at the same time denied all negligence on the part of their agents as well as themselves, and prayed that the court decide that the vessel and owners be exempt from liability. Before the hear ing on the merits the claimants requested that the proceedings be dismissed on the ground that the libelants had pleaded themselves out of court, arguing that. If the agents and servants were free from all "blame, the limited liability law was not applicable, for. if the owners had been guilty-of negligence, the' law dtu not en title thom to any relief, while if they were not guilty they were not liable. Judge Hanford denied this motion by a per forma ruling, afterwards confirmed, in accordance with the rulings and de cisions of the supreme court, which de clare that the rights of parties in a situation similar to that of the libelants have, in one proceeding in admiralty, a full and final determination of all ques tions affecting their liability, and, if ex empt, have a decree forever foreclosing the risht to litignte cencerning the same matter. In considering the Annie Fason case. Judge Hanford says: "I am required therefore to decide in the first place whether the said explosion and wrecking of the Annie Faxon hap pened in consequence of any negligence on the part of the llbellants. their officers, agents or employes; and If yea, whether the disaster was so caused without the knowledge or privity of the llbellants? The Inquiry Is thus divisible Into two parts, because responsibility attaches where neg ligence on the part of any officer, agent or servant causes injury; but in every such case the limited liability law may be invoked by the owner, if he personally or if a corporation, the managing officers thereof be free from culpability. (Craig vs. Continental Insurance Company, 141 U. S. GK.)" After giving the testimony full consid eration. Judge Hanford finds that the ex plosion occurred because the boiler was defective, and that there was negligence on the part of some one In the service of llbellants In allowing the boiler to be used without having had It inspected, but there was no evidence tending to prove that any managing officer had pergonal knowledge of the age or condition of the boiler, or of any negligence or violation of law in using the same without having it properly tested. Under these facts, the court holds that the owners are not ex empt, but are entitled to the limitation of liability fixed by the statute. Judge Han ford says: "It is not pretended that any managing officer of the petitioning corporations did have actual personal knowledge of the defective condition of the boiler, or of the failure to inspect the same after the alterations were made. But it is insisted that knowledge must be imputed to them, or that they are guilty of negligence for failure to acquaint themselves with facts which could have been discovered if they had been vigilant. This position, if sus tained by the courts, must result in fas tening personal liability on ship-owners for the negligence of their agents or ser vants contrary to the terms of the law, or compel them to personally inspect their vewete and the machinery therein, and tee to keeiting the same in repair, and at tend to the official inspection, and to per sonally comply with every exaction of th4 steamboat inspection laws, as a condi tion precedent to a right to a limitation of liability for damages caused by any mishap, which is equally contrary to the intent of congress. Many owners of ves sel, ml good managers of corporations engaged In transportation business, are oMtgea to employ persons skilled in the art of constructing machinery and equip ments for vessels so as to secure the high est degree of safety in navigation, be outee of their own lack of technical knowl edge. And the limited liability law was intended to encourage capitalists and per sxts of that class to Invest monov in sMns. 3a behalf -of the Injured passengers and the repreeentntives of those who were kitted it Is contended that, as to them by foccc of section -MM. Revised Statutes, the owners must be held liable to the full ex tern of the damages sustained, because of their failure to comply with the pro vJSHoo of section -MIS. Revised Statutes, as to inspection of the boiler after put thnr in the new mud-ring. It is said that section -54SS is a later enactment than sec tion -&. and makes an exception in favor of tfce Injured passengers. There is, how ever, another statute later still to be con sidered. I refer to the act of June 3S, 1SS4. entitled An act to remove certain burdens of 'the American merchant marine and en courage the American foreign carrying trade, and for other purposes. (I Supp., It. S.. 2d ed.. 440). The 18th section of said act reads as follows: " That the individual liability of a ship owner shall be limited to the proportion of any or all debts and liabilities that his individual share of the vessel bears to the whole, and the aggregate liabilities of all the owners of a vessel on account of the same shall not exceed the value of such vessels and freight pending. Pro vided, That this provision shall not af fect the liability of any owner incurred previous to the passage of this act. nor prevent any claimant from joining all the owners In one action; nor shall the same apply to wages due to persons employed by said ship-owners. "By the fourth section of the act of June 13, 1SS6 (1 Supp., R. S., 2d ed., 4M). the pro visions of the section above quoted, as well as sections 4283-42S9, are extended so as to apply to all vessels used on lakes and rivers or in inland navigation, including canal-boats, barges and lighters." The court here refers to the immunity granted ship-owners by the general mar itime law of continental Europe, and In England by parliament, if they are shown to be personally free from blame. As long as the rule of respondent superior was en forced In this country American shipping was at a great disadvantage, and the ob ject which congress had In view in enact ing the limited liability law was to build up the American merchant marine by re lieving American ship-owners from bur densome liabilities from which European competitors were already free. After discussing sections 4283 and 4433, Revised Statutes, which have given rise to conflicting opinions. Judge Hanford says: "The latest and therefore controlling ex pressions of legislative will on the sub ject are the section above quoted from the act of 1SS4 and the, act of 1SSG extending its provisions to every description of vessel employed on lakes, rivers, and in inland navigation. "The language of the act, if vague, is nevertheless comprehensive. Its title in dicates a purpose to relieve ship-owners from burdens and the proviso to section 18 makes an exception of 'wages due to persons employed by said ship-owners.' "What other exceptions do the rules for construing the statutes admit of? I think that the maxim, expressio unius est ex clusio alterius, may with great propriety be applied here. Congre&s certainly in tended to relieve ship-owners of some bur den of liability by enacting the 18th sec tion. Then what kind of liability, thereto fore imposed, was removed by this law? The inquiry forces me to conclude that congress intended to encourage invest ments of capital in all kinds of vessels, and to authorize persons to become own ers of steam vessels, with freedom to en trust to others the entire burden of care In the management thereof, and with a right to the same Immunity from claims for damages in case of any disaster that the law extends to owners of sailing ves sels." "In accordance with this opinion, a de cree will be entered that upon payment into court of the amount of the appraised value of the vessel and pending freight for the benefit of the several claimants, the llbellants be forever released from all liability for damages on account of said explosion and wreck." LIKE A LOCAL DECISION. This decision of Judge Hanford is In line with, or goes further than the de cision of Judge Bellinger in the damage suit brought against the O. R. & N. on account of the loss of the barge Columbia at Astoria. Two persons were killed and several Injured and $18,000 worth of wheat, which formed the cargo of the barge, was lost. Judge Bellinger held that the com pany was liable only in the value of the barge, which was trifling about $100. The case was appealed to the circuit court of appeals, and is now under consideration there. AN ELECTRIC POWER PLANT Tacoma- Expects to Have One of Im mense Proportions. It is announced at Tacoma that an im mense electric power plant is to be built this year in the Stuck valley, 10 miles east of Tacoma, and 20 miles south of Seattle. To carry out the project the White River Water Power Company, with a capital of $2,000,000, has been in corporated under the laws of New Jersey. The equipment will be furnished by the Westlnghouse Eelectric & Manufacturing Company, which bridled Niagara falls, and which has been instrumental in organiz ing the new company. Water power is to be secured by tapping the White river below Buckley, from which the intake will be carried to Lake Tapps, near Sum ner, which will be utilized as a storage reservoir. From the end of the lake the water is to bo diverted to the edge of the bluff overhanging Stuck valley, glv'ng a fall of 400 to 500 feet, to a power gen erator capable of developing 25,000 horse power without calling on surplus power stored in Lake Tapps, by the use of which 50,000 horse-power can be developed. It is calculated that Seattle and Tacoma can each uso 5000 electrical horse-power and other towns 3000, leaving 12,000 horse power to meet the natural growth of the two cities in the immediate future. This great plant is said to be intended to has ten the buildlngof the projected electric railway between'Tacoma and Seattle, and the manufacture of cars, iron and steel products on a large scale in the two chief Sound cities. The power project was de veloped by E. H. McHenry. now chief engineer of the Northern Pacific railroad, who began the surveys and secured the water rights in 1S92. AMUSEMENTS. In all the history of animal-taming there Is no precedent for the feat which Professor Oscar R. Gleason has under taken to accomplish at the Expositllon building next Friday evening. It will be the first attempt by any man to subju gate a full-grown bull elk, possessed of all the ferocity of his species. The mag nificent beast has permitted nobody to touch him since he was trapped in his native wilds a few weeks ago, and Pro fessor Gleason's first introduction to him will be in the presence of the people who willthrongthe big Exposition building. No Inhumane methods are to be employed in convincing the mountain monarch that he has met a master who must be obeyed. He will be forced to that conviction by gcntle but firm treatment, and his trans formation from a haughty and ferocious tyrant to a meek and humble subject will entertain without revolting the lovers of animals. Professor Gleason will subdue the elk and two wild and icious horses from Salem in 150 minutes, commencing his task at S:15 o'clock sharp. Lectnrc on Russia and Siberia. Mr. Kennan's lecture on "Sketches of Personal Experiences in Siberia," which will be heard at the Marquam Grand to morrow evening, is not a lecture of the commonplace kind, but is unique, and as absorbingly Interesting as it is unique. To the readers who have followed the writer through his admirable magazine ar ticles, his lecture is like the acting of a great tragedian, whose lines enly have been read before. To those who have not read his work, his words are a revelation. His lecture on "Russian Political Exiles," which will be given op Saturday night, is largely a recital of the personal ex periences of types of political offenders who have suffered under the system. The stereopticon views consist of por traits of exiles whose acquaintance Mr. Kennan made and with whose history he was familiar. At the Orplteum. Mrs. Barker replies to Dr. Locke's at tacks upon Paine Friday evening. BUSINESS ITEMS. If Baby I Cuttlnjr Teeth, Be sore to use that old and well-tried remedy, Mrs- WlasteWs Soothing Syrup, for children teethlac. It soothes the child, softens the gums, allays all pain, cures triad colic and diarrhoea. Arc free from all crude and irritating natter. Concentrated medicine only. Carter's Little Liver Pitts. Very small; very easy to take; no tiata: no criomc: no surcinc Try them. J. 0. READ INDICTED IXSA.MTV" PLEA HAS SO FAE NOT AVAILED THE ROBBER. Tbe Itainford Divorce Case Excites Interest Mr. Shephard. Gets a. Decree. The grand jury yesterday returned an in dictment against Preacher J. C. Read. It charges that Read, in his attempt to rob the East Portland bank, was carrying off, when so rudely interrupted, $400 in $20 gold pieces. The effect of the Insanity plea, now that an indictment has been found, remains to be seen. The court has not yet given out why the commission was appointed to ex amine Read, or whether its opinions are to be made use of at a trial, or to be used to quash the indictment and to send Read to the asylum, in the event that, in the judg ment of the medical board, he Is crazy. BIG DAMAGES FOR LITTLE HURT. Electric Company Says Madison's Claim Is Preposterous. The trial of the $20,000 damage suit of Fred B. Madison, against the Portland General Electric Company, was concluded yesterday, as far as the testimony Is con cerned, and arguments are now being made to the jury. The closing arguments will be made this morning. Madison was working in a pit, and his collar-bone was broken by a beam falling on him. The de fense of the Electric Company was that the accident was unavoidable, and also that the result was not serious. Madison was but a few weeks in the hospital, and is now entirely well, and his claim is, there fore, declared to be preposterous. Mad ison, on the other hand, alleges that he has not fully regained his strength, and charges negligence and loss of time. A result will doubtless be reached in the case today. BOTH "WANT THE BOY. The Ralnford Divorce Case Excites Mncli Interest. Judge Stearns had a large audience yes terday to listen to the matrimonial woes of Fannie Ralnford and Edward Ralnford, who, after nine years of the supposed joys of wedlock, are seeking to be once more free from each other. Mrs. Rainford sues Rainford for a divorce, and Ralnford has also filed an action against his wife, charg ing that she is the one at fault, and that the decree of the court should be in his favor. The contest appears to be over a child, a little boy, who has just donned his first pair of trousers, and who is claimed by both. The battle was waged with much vigor by both participants. Mrs. Rainford in her complaint allege's that her husband drove her from their home, falsely accused her of unchastlty, and also was jealous of her medical ad viser, Dr. Anderson. Yesterday, just be fore the trial of the case began, Mrs. Raln ford filed a supplemental complaint, accus ing her husband of improper conduct at the Madison house last Saturday night. and said that there was a woman in the case. During the trial, Ralnford, backed by numerous witnesses, strenuously denied all of his wife's allegations, particularly the episode claimed to have occurred last Sat urday night. Rainford, as his grounds for seeking a divorce from Mrs. Ralnford, charges her with going to Dr. Anderson against his protests. He admitted on the witness stand that he was aware of her visits, which were of a professional nature, and she first went there with his assent, and always informed him of the days these visits occurred. She had called him bad names, and otherwise treated him cruelly. Judge Stearns took the case under advise ment. Shephard "Wins His Salt. In the divorce suit of George Shephard vs. Matilda Shephard and the cross suit of Mrs. Shephard against her husband. Judge Stearns yesterday decided in favor of Shep hard. The court held that Shephard had fully established a case against Mrs. Shep hard, while, on the other hand, she had not sustained any "of her charges against her husband. This suit was hotly con tested, about 40 witnesses being examined at the trial. George W. Hazen appeared in behalf of Shephard, and Mrs. Shephard had an array of legal talent consisting of Caples & Allen and Colonel Harrington. As part of the decree rendered yesterday. Judge Stearns made an order allowing Mrs. Shephard to visit her five children at reasonable times. As a side issue of this divorce suit, there is an indictment pend ing against Mrs. Shephard and Joseph C. Latourelle, charging adultery. One More Unhappy Conplc. Mrs. Aurora O. Lund has begun pro ceedings In the state circuit court to have the matrimonial knot binding her to John Lund forever dissolved. They were mar ried in Oregon City September 28, 1891. Previously Mrs. Lund was Mrs. James Forsythe. She asks permission to resume this name, and also for one-third of Lund's possessions, valued at $5000. De sertion is the ground alleged for asking the divorce. Mrs. Lund complains that for more than a year past Lund has ut terly abandoned her, and failed to provide in any manner for her wants. ThouRlit He would Get Off Easy. George Davis pleaded guilty In Judge Stephens' court yesterday to an indict ment charging him with stealing a watch from Benjamin S. Smith, and was sen tenced to four years In the penitentiary. After he had been sentenced, Davis re marked that he did not think he would re ceive such a severe sentence, or he would not have pleaded guilty. He took care, however, not to mako this remark in the hearing of the court. Court Notes. C. Van Andlau has been indicted by tho grand jury for practicing medicine without authority of law. John Hegarty and Daniel Hegarty, sub jects of Great Britain, were admitted to citizenship yesterday by Judge Shattuck. C A. J. Sporry. Peter Wagner and D. Kunkel have been appointed appraisers of the estate of Edmund Zimmerman, de ceased. Judgment by default for $1200 was ren dered yesterday by Judge Shattuck in favor of H. F. Gerspach vs. the Pioneer Wood Company. In'the case of Joe Day vs. E. S. Larsen, an insolvent debtor, five days to file a mo tion for a new trial was allowed by Judge Shattuck yesterday. An order of default for want of an answer was ordered entered by Judge Stearns yesterday, in the divorce suit of Henry Marco vs. Nora Marco. D. L. Gee, the road time-check forger, pleaded not guilty when arraigned yester day before Judge Stephens. His trial was set for March IS. Gee is still in the county jail, being unable to procure bonds. Articles of incorporation of the Tivoli Company were filed in the county clerk's office yesterday, by F. G. uonder, C. L. Brown and W. L. Bentley: capital stock, $2500. It is an amusement company. Licenses to wed were issued yesterday by County Clerk Smith to J. W. Buoy aged 26, S. M. Doover 24: Nicholas H. Alexander 2S, Caroline M. Towne 23: Win field A. Ginn SO, Katherine E. Huckstep 30. Heenan I. Darr, administrator of the estate of H. L. Darr, deceased, has been required by the county court to file a new bond in the sum of $200,000. His present bond is for this sum, but objections have been raised to It. By reason of the death of Levi White, who was guardian of Leah White, a sis ter In the Insane asylum at Napa, CaL, an application has been made to the coun ty court for the appointment of J. N. Teal as guardian. Leah White owns property here- Joseph Sedgmore, who recently made much trouble for the police by reason of numerous check-forgeries, has been in dicted by the grand jury on three counts. He is charged with forging the name of F. 1L Fales to checks drawn on the Bank of British Columbia, for $S5. $36 and $57. The United States Investment Company has filed suit in the state circuit court against Robert Finley and E. L. Smith and wife, to recover $1248. and to foreclose a mortgage on lots L 2, 15 and 16, block 17, Lincoln Park. Finley sold this property to E. L. Smith and wife, who assumed the mortgage. Arguments to confirm and to set aside the report of the referee were heard by Judge Shattuck yesterday, in the suit of the King Real Estate Company vs. Adam Fisher, involving the title to 289 acres of land on Government Island, In the Colum bia river. The referee reported in favor of the King Real Estate Company. SITUATION VERY BAD. Trouble Is Expected Over the Rail road. E nil grant Business. CHICAGO. Feb. 20. The meeting of the emigrant clearing-house, which was to have been held today to consider the at titude of the Grand Trunk in paying ex cessive commissions, was postponed until tomorrow, on account of the absence of Chairman' Caldwell. Inquiry among the roads interested show the situation to be very bad. The Soo line claims that the situation is even worse on East-bound business than in the West It asserts that the roads running east from Chicago are paying commissions of $4 25 on tickets to New York, contrary to their agreement of January 1 last, and, to meet this, the Soo line has been paying a commission of $5 on emigrant tickets from St. Paul to New York. The agreed commission of the lines between St. Paul and Chicago, on New York emigrant business, is 75 cents a ticket. The Soo line is adding this 75 cents to the alleged $4 25 commission made by roads out of Chicago. It is thought that the Eastern lines can not much longer keep from making re duced coal rates to meet those from the South. There Is a meeting of coal lines in Pittsburg this week, and it is believed some action will be taken, otherwise the Southern rate war may be expected to soon extend to the East. Rate clerks will tomorrow begin getting out the sheets showing the tariffs from St Paul to Pacific coast points. The Omaha road has given notice that.lt will put in a first-class limited rate of $50, and a second class limited rate of $40, from St Paul to California points, via Sioux City. These rates are made by addition of ar bitrarles on short-line rates from St. Paul to Spokane. They will, of course, be appli cable through Omaha, and there Is cer tain to be a protest from several mem bers of tho Western Trunk Lines commit tee. The question of whether they can be made applicable through all Missouri gate ways will also arise and have to be set tled by Chairman Caldwell. May Be Adjusted. OMAHA, Feb. 20. General Manager Dickinson was of the opinion this morn ing that the differences between the Union Pacific and the Rio Grande West ern would be adjusted to the satisfaction of both lines, and that the Rio Grande Western would grant stop-overs on its line, while the Union Pacific would give side trips between Ogden and Salt Lake. Mr. Dickinson admitted that there had been a misunderstanding on the part of Colonel Dodge, general manager of the Rio Grande Western. Mr. Dodge's gen eral proposition was to prohibit both stop overs and side trips. In the understand ing which they had reached, the Union Pacific was permitted to use side trips between Ogden and Salt Lake. This, he said, was misunderstood on the part of Colonel Dodge, jThe general manager of the Union Pacific thought, however, that, while the Rio Grande Western would come into the trunk-line association, it would be with the ta"cit understanding that the conditions would not be changed between theUmon Pacific and the Rio Grande Western Where Business Is Good. Traffic on the Wyoming division of the Union Pacific seems to have taken a great spurt, according to the Larime Repub lican, which saya: "Orders were received at headquarters today which will make a change of bus iness all around. The dispatchers dis trict between Cheyenne and Rawlins has been divided at this point, and the three dispatchers recently laid off will resume work tonight. Instructions were also received to open Dana and Wyoming stations at once, and to put on a day operator at the Bow. Business at the trainmaster's office Is fairly) on the jump." The Nerv Iltvnco Road. There is very good reason for believing that work will soon be commenced on the Oregon Railway & Navigation Company's railroad line from Ilwaco to Tioga. The road is to be standard gauge, and a half hourly service will be given between Il waco and the beach. There will be no de lay in transferring passengers from the steamer to the train. The fare on the rail road will be very low, and a low round trip rate will be made from this city, with the tickets good for return at any time during the season. Time; for a. Formal Opening: Set. CHICAGO, Feb. 20. The formal opening of the Santa Fe, Prescott & Phoenix road is set for March 11. The road runs from Ash Fork on the Atlantic & Pacific di vision of the Atchison & Topeka to Phoenix, Ariz., the entire length of the line being 196 miles. The Atchison & To peka route has established traffic rela tions with the new road, and will at once issue tariffs to Phoenix, via Ash Fork. A Cable Roail Ordered Sold. OAKLAND, CaL, Feb. 20. An order of court was issued today directing the sale of the Piedmont cable railroad in this city, under tho foreclosure of a mortgage In favor of the ban Francisco Tool Company for over a million dollars. Railroad Notes. W. H. Hurlburt, general passenger agent of the O. R. & N., left last evening for Ogden and Salt Lake. A Northern Pacific circular announces the opening of a new station at Ellens burg Coal Company's spur, on the Cas cade division. D. A. Christie, general Western agent of the Anchor line, with headquarters at Duluth, and C. W. Paine, general agent of the same line at Erie, were in the city yesterday. The Northern Pacific, in connection with the Omaha and Northwestern lines, has Issued an amendment to the freight tar iff, naming additional stations on the Northwestern in Wisconsin and Illinois, to which the Chicago rate applies. The promotion of S. R. Babcock to he position of traffic manager of the Rio Grande, which was announced in the dis patches yesterday morning, is of partic ular interest to railroad men here, as "Mr. Babcock was some years ago connected with the Northern Pacific freight office in this city. HOTEL ARRIVALS. PORTLAND. H H Smith. S F R Coney, S F V Staadecker. St P H Carr, jr. Mans.O B Faymonville, S F G F Ashton, S F J R Norris, Chi F C Howe, Bostn C W Paine & wf, E E Parmlee, Geo Jones, S F J Augustine, St P M S Eads, city J W Troup, city J Jacobs, S F F Bausman, Seattle H A Moore. S F Erie. Pa D A Chrisby, Dul J H de Venve, Colo B Marx. N Y W W Meserol, N Y T R Sheridan. Rosb E W Ward. N Y L Cullom, Tacoma H D Bowker, Hol yoke. Mass C S Hemmlngway, Hoiyoke. Mass 'J McCabe, Tacoma JE Byrnes, SSQueen J L Elliott, Omahal TV Blscnotr. w i W J Hopkins, S F H Lane, city E A Stelfel, Salt L T P Phillips, St P J T Hamilton, Spok jj E Wadham. SanD C B Hopkins, Toklo Occidental Hotel, Seattle. Rates reduced from ?3 50 to $2 per day. HOW IT HAS GROWS STUDENTS AT FOREST GROVE ARE ENTHUSIASTIC. Subscriptions to the Pearson. Fund Now Amount to More Than Four Thousand Dollars. FOREST GROVE. Feb. 20. Considerable interest has been manifested by the stu dents here during the past few days in connection with their subscription to the Pearson fund. At the mass meeting Fri day evening they subscribed $2202. Mon day morning, after the regular chapel ex ercises, the chairman of the students re quested them to remain. The faculty was excused for the remainder of the day. The matter was taken up where it was left Friday. The greatest enthusiasm pre vailed. The previous amount was sur prising to many, but before the meeting was adjourned a total of $4062was reached. which further subscriptions have brought up to $4312. It is expected the final? sum will be not less than $4500. The students voted that the entire amount be set aside in the endowment as a scholarship fund, to be known as the students' scholar ship fund, and also requested that the third Monday in February of each year be observed as a holiday, in commemora tion of what is considered the most im portant day in the history of the institu tion. Monday evening nearly 200 students marched through the principal streets of the town and were received by the faculty at the ladles hall. A TIDE-LAND CASE. The Act In Washington Interpreted by the Supreme Court. OLYMPLV. Feb. 20. Opinions in the following cases have been filed In the su preme court: State of Washington ex rel., Angus Mc Kenzie and Timothy Glinn, petitioners, vs. W. T. Forrest, commissioner of public lands, respondent. This is an application for a writ of mandate to compel the com missioner to issue a deed to certain lots In front of the city of Falrhaven, under the act relating to the sale of tide lands. The court holds that tide lands of the first class should extend to the inner harbor-line; that the establishment of harbor-reserve lines at low tide is arbitrarily fixed as coincident with the inner harbor line, and that all lands lying within such inner harbor-line and high-tide line were fairly designated as intervening tide lands. This contention will harmonize the act with the constitution, and will be con sonant with the policy of the state as to preserving and improving its harbors, and will establish an orderly and uniform sys tem of dealing with lands. The court is of the opinion that the writ should issue. E. B. Miller & Co., appellants, vs. H. E. Knatvold, respondent, from Pierce; re versed. George E. Birge, appellant, vs. F. H. Browning, respondent, from Lewis; af firmed. J. M. Arthur, appellant, vs. Tabor A. Sherman, respondent, from Pierce; re versed. Mary M. Miller, respondent, vs. Kate M. Borst, respondent, and J. W. Borst, ap pellant, from Kingaffirmed". S. M. Massey, of Spokane, formerly deputy United States marshal, and a prominent democratic politician, died this morning at St. Peter's hospital, after a short illness. GREEN GRASS AND BUTTERCUPS. Signs of Spring: in. the Grand Rondo Valley. LA GRANDE, On, Feb. 20. Plowing will begin in the Grand Ronde valley about March 1, the acreage in grain to te about as much as last year. Green grasss and buttercups are appearing. Should the many weeks of mild winter weather be followed by a not unusual cold snap, It is feared the fruit trees would be injured. Two carloads of orange boxes are being shipped daily to California from the mills of the Grand Ronde Lumber Company, which is filling a contract in the Sunset state for nearly 250,000 boxes. Last night the La Grande Athletic Club elected officers for the ensuing year, as follows: William Ericson, president, Thomas H. Cox, vice-president; Dr. E. D. Steincamp, secretary; Fred S. Stanley, treasurer. The president appointed, to serve one year, the following committees: House W. Ericson, E. D. Steincamp, F. S. Stanley. Entertainment J. H. Rob bins, A. V. Andrews, T. H. Cox. Ath leticA. C. Miller, J. C. Gulling, Dr. R. L. Lincoln. As cash prizes will be given at the East ern Oregon and Washington firemen's tournament at Walla Walla in June, it is feared the department will not enter a contesting team, because the speediest firemen here, being members of the La Grande Athletic Club, would lose their standing in amateur athletic associations. Last night a special train with 100 ex cursionists, Knights of Pythias and their friends, went to Union, joining with their brethren there in appropriate exercises and a fine banquet to celebrate the 31st anniversary of the foundation of the order. AN INDIGNATION 3IEETING. Protest Against the Action of the King: County Commissioners. SEATTLE, Feb. 20. An indignation meeting, held this afternoon, was at tended by 2000 citizens. It denounced the action of the board of county commis sioners for refusing to seat County Treasurer-elect Maple. Strcng resolutions were passed, without a dissenting vote, de manding that Maple be given the office. Some of the speeches bordered on the incendiary, and the meeting at one time promised to be boisterous, if not riotous. Peace, however, prevailed. Excitement against the action of the commissioners runs high. The board today ordered an abstract made of the property represent ed by Maples bondsmen, and the emphatic course taken by the people may result in Maple securing the office. The mayor admitted that he had re ceived a telegram from Fire Chief Hunt, dated today at North Bend, B. C, stating that he had been called home suddenly and offering his resignation. United lodge No. 93, Free & Accepted Masons, of Woolley, Wash., has sent a circular to Masonic lodges warning them that William C. Clayton, who Is obtaining money from Masons on the ground that he is destitute, is a fraud. The grand lodge of Washington has sent out a sim ilar circular saying that some months ago United lodge was broken into and blanks extracted from the safe, and that Clayton is suspected. The circular says' he is not and never was a member of that lodge, nor, so far as is known, of any other in this state. He is six feet tall, slim, stoops slightly, is of dark com plexion, and has a black moustache and large eyes. He has been working the Masons in nearly every Southern and Eastern state, and has obtained several hundred dollais by fraud. IN FINANCIAL DIFFICULTIES. A Receiver Named for the Hotel Spo- kane. SPOKANE, Wash., Feb. 20. The Hotel Spokane was placed in the hands of a receiver today, Ben Norman being made receiver, and Sam Arthur part manager with the receiver. This step is taken as a preliminary to straightening out the financial difficulties of the house, which will continue to be run as a first-class hotel. A party of leading Montana mining men went up to Trail Creek this morning. This camp is just over the line in British Columbia, and seven miles from the Co lumbia river. It is a gold-producer, anl the recent discoveries there have caused a big excitement all over the upper coun try. Four hotels cannot accommodate the visitors. Many men are sleeping on chairs and on the floors. Conservative mining men predict there will be from 3000 to 5000 people in there by next fall. As soon as spring opens D. C. Corbln, president of the Spokane Falls & North ern, will build a branch into the camp. A few months ago a party of Spokane men bought the War Eagle. It was only a prospect. They spent $5000 in develop ment work, and are now shipping ore that nets them from $1000 to 41200 a day. All of the other producers In the camp are owned by Spokane men. George Turner, the noted senatorial candidate, is one of the chief owners of LeRoi, which Is ship ping 40 tons of ore daily. The Cariboo mine, on Rock creek, also owned In Spo kane, has come to the front as a rich gold producer. Ten thousand dollars In I tuiu urict were urougui uutvu iium il yesterday. This property has paid the purchase price and the cost of develop ment of putting in a 10-stamp mill, and now pays Its first dividend of $S0OO. HAN INTO A PUSHCAR. An Extra, Stock Train Silently Dam aged at Mcdford. MEDFORD, Or., Feb. 20. An extra stock train of 21 cars passed through this city last night at 7:15, and, when about one mile north of town, ran Into a push car loaded with 60 old ties, which had been placed there by two of the section men. The pushcar was wrecked, .and the headlight and other light gear of the lo comotive broken. The train was backed up to the station, and, after two hours work repairing damages, proceeded north without any headlight. The two section men had taken the car without the knowl edge or consent of Foreman Kelley, and were gathering up the old ties for stove- wood. Besides causing a delay and a good many dollars' expense to the railroad company, they lost their places in the section gang. A BROWNSVILLE TRACT. Committee Chosen to Value Lots In the Coshow Tract. BROWNSVILLE, Feb. 20. A public meeting of citizens Interested in the tract of land that congress has given O. P. Coshow th- right to enter, met at the city hall Monday night. Mr. Coshow was elected chairman and G. A. Dyson sec retary. Messrs. G. C. Cooley, Joseph Hume and Captain James Blakely were chosen a committee of arbitration to value the different lots and parcels of land under dispute so as to arrive at a satisfactory settlement. The meeting was harmonious and it is hoped this matter will soon be settled so that each one can secure a good title to his property. OTHER NORTHWEST NEWS. An Idaho Defaulter. According to the report of an expert. W. C. WIckersham, the late auditor and recorder of Elmore county, Idaho, Is in debted to the county in the sum of $5325 14, with warrants deposited with the county treasurer amounting to $377 to go to his credit. The bondsmen of Wickersham, having some time ago become suspicions of his acts, took measures to secure them selves, and It is generally believed they will make his shortage good without any loss to themselves. Wickersham Is a bright young man, who could and should have carved out a brilliant future for himself, but his great mania for gamb ling led to his downfall. It is Intimated that the foregoing does not tell the entire story, says the Boise Statesman. The Statesman is reliably informed that Wickersham is involved to the amount of $10,000, duplication of warrants having figured extensively in his transactions. It is said there are as many as three warrants outstanding for a single bill. However, it has so far been Impracticable to get the exact facts. Two or three thousand dollars of the fraudulent war rants are said to be held by the First National bank of Boise. Extent of the Ellensbnrff Wreck. ELLENSBURG, Wash., Feb. 20. In the railroad accident 10 miles north of here last night. Engineer Hendricks jumped, and told Fireman Fitzmorris to do like wise. Hendricks struck on his head on the rocks and was knocked senseless. The fireman has not yet been found, and is suDDOsed to be under the engine in the Yakima river. A brakeman also jumped and broke his leg at the ankle. Five freight cars and the locomotive were thrown into the river, and a number of other cars were badly damaged. Fitz morris had been firing in the Tacoma yards, and this was his first run to EI lensburgh. He Is said to have been a nephew of Master Mechanic Warner. Killed by a. Cable-Car. Charles Andrews, the 10-year-old son of W. R. Andrews, attorney, was crushed to death at 7:30 Tuesday evening by a dummy of the Front-street line at the crossing of Harrison and Poplar streets, Seattle. The accident was due to the lad's rashness. In trying to cross the track ahead of the car, he caught his toes in the soft mud of a mound and fell with his head in the middle of the track. He was so close to the rapidly-moving car that it was on and over him before the grip man could use his powerful levers and bring it to a standstill. This he did about 10 feet beyond the crossing. Sunday Closing at Astoria. ASTORIA, Feb. 20. At a meeting of the common council this evening a petition, signed by 700 citizens, was presented ask ing that the Sunday-closing law be en forced with reference .to saloons. The document was quickly disposed of by the passage of a motion to refer It to the dis trict attorney. It is not thought likely that the petition will result in the accomplish ment of the purpose for which it was in tended, because o the unpopularity of a like movement by the state officers about two years ago. Insolvency Petition of Milliners. SAN FRANCISCO, Feb. 20. William Haker and William HInz, milliners, filed an insolvency petition today. Their lia bilities are stated to be $35,000, divided almost equally between San Francisco banks and New York wholesalers, and their assets $32,0000 worth of stock. Will iam Haker acknowledges aauiuonal lia bilities of $20,000. BCTn?iHSf-:"tK-HK:y.:sv:: 4f CC Sure 'and ar? The best that money can buy. Cleveland Baltic: Ponder Co., 2Tev York. Dr. C Ji. Hoagiand. President. fe5? mj&w00k (AB30L UTE LY) X&.afuutifjfP;. 9 "IT 1 " - -N iil lll CHILD SICKLY? Strength Is Not Enough for Proper Growth THE YOUXG BODY FAILS TO GET WELL UOUBISHED. JJggfjq Bicher Bone and Forming Food. Tissue THE BODY CANNOT GROW WITHOUT PURE, STURDY BLOOD. Unequaled Value of Paine's Celery, Compound. From birth till past the age cf 30 there is growth; some of the bones do not com pletely knit till 35. .All this time In addition there is the steady waste of the tissues that must be repaired. The demand upon the vitality and upon the powers of assimilation is thus enormous during these years. With out plenty of rich, nourishing blood, growth must be defective and tardy. But when it courses through all the arteries In a full, vigorous stream, growth goes on, steadily and perfectly. What countless numbers of frail young sters phsicians- see whose pitiably thin wrists and bloodless faces cry out for better nourishment. All this doe3 not es cape the vigilant Insight of parents. In thousands of homes it Is well known that tho boys and girls are somehow badly nourished. The weak stomachs and organs of as similation cannot extract the food for growing nerves and brain in sufficient quantities from the ordinary diet. A spe cial nerve diet is what they need. Paine'g celery compound is Professor Edward E. Phelps' great preparation for nourishing these little frames and making them grow into strong, active men and women. Dr. Phelps, upon whom colleges conferred their highest honors for his invaluable investigations in medicine, knew from, ripe experience the exact needs of these little sufferers. A chorus of gratitude has gone up all over the country, from mothers of chil dren once weakly and pale, without prom ise of ever growing Into robust men and women, who have outgrown weakness and lack of vitality by the use of Paine's celery compound, taken with the regu larity that physicians adhere to when pre scribing this wonderful nerve and blood restorative. It is valuable In all wasting diseases, in cleansing the blood of rheumatism, neuralgia, scrofula, and supplying new and healthy vital fluid Its value can neither be weighed nor measured. As the great modern nerve and brain strengthener and restorer Paine's celery compound is pronounced invaluable by all progressive physicians. Give this grand invigorator a fair trial, and be convinced. AMUSEMENTS. MARQTJAai GRAND OPERA-HOUSE Heillg fc Lesster.'.;vr'Lessce3'&ii(l "Managers' FRIDAY AND SATURDAY, Feb. 22 and 23, GEORGE KENNAN, The Distinguished Russian and Siberian Trav eler and Lecturer. FRIDAY ""Sketches o Personal Adventures in Siberia." SATURDAY "Russlon Political Exiles" (il lustrated). Sale opens Wednesday at 9 A. M. Prices Lower floor, 50c and 75c: dres3 circle, 23c and 50c: gallery. 25c; boxes, $5. GRAND GALA NIGHT In fact, this will be everybody's night. EXPOSITION HALL. FRIDAY NIGHT, FEB. 23 Professor O. R. Gleason, the Kins of Horse Tamers, has accepted an offer of FIVE HUN DRED DOLLARS from TV. II. Russell to han dle and to subdue a vicious and WILD ELK and TWO VERY VICIOUS HORSES, from Sa lem. Or. This Rreat exhibition will take place at Exposition Hall, Portland, on Friday night. February . Elk and horses to be handled and driven in harness successfully in 150 MINUTES 150 MINUTES 150 MINUTES This will be the most exciting and grandest displav of horsemanship and the most wonder ful exhibition that has ever been ghen to the public by the GLEASON. GLEASON. GLEASON. Admission (3000 special seats), only 25c; re served seats (2500) 10c extra. Elk and horses In the ring at 8:15 P. M. Grand band concert from 7:20 to S. TO WEAK MEN fao Men who have ,5V wasted tne mri(htw onwOT nf a. vouth In excesses and fast 11-lnB 5xtA.men who have lost that mental ambi-CSi 54-tion which belongs to vigorous and -VJc well-kept manhood at any age; In -iV:- short, men who have by early habits and mistakes and the later excesses and dissipations weakened the founda tions of sexual and mental vigor, and who are. while still young: In jears, wasted in the vital forces, short In memory and dull In intellect, with the physical being shaky and devoid of en durance. To such men electricity as applied by DR. SANDEN'S ELECTRIC BELT, is wonder ful in the immediate effect it produces. The slow, continuous infusion of the current grad ually sets all the weak functions in action, stores new power in them, and in a few days manhood begins to return and sexual forces de velop, the memory becomes clearer and the in tellect sharper. Manhood in all its elements fol lows the application of this wonderful belt. DOES NOT THIS CONVINCE? DEER PARK. Wash., Jan. 19. 1S95. Dr. A. T. Sanden Dear Sir: I will now let you know what effect your belt had on my caso of lmpotency. I was, you might say. completely Impotent when I started to wear the belt. I felt Us good effects the first week, and In thre week3 my powers were almost perfect. I wore the belt seven weeks, and it has restored my sexual strength completely, and from that time (a year and a half ago) it has remained perfect I have been recommending your belt wherever I get a chance, and you will receive many orders from here. I remain yours respectfully. JOHN FLEUTSCH. A pocket edition of the celebrated electro medical wcrk. "Three Classes of Man," Illus trated. Is sent free, sealed, by mail, upon appli cation. Every young, middle-aged or old man suffering the slightest weakness should read It. It will point out an easy, sure and speedy way how to regain strength and health when every thing else has failed. Address DR. A. T. SANDEN, 253 Wauhinjcton St.. Cor. Third, PORTLAND, OR. HUMPHREYS' SPECIFIC No. 28 In uu M jextt. The only nnfaJ rf medy for Nervous Debility, Vital Weakness, ncS Prottri.tIoii,froin oer-rort or other causes. $lp;r Ytal.orS Ti!s andl mrz TUlpowder,for$3- So!d by Pruj;fu, or nt poitpitdon retelpt of price. fXTflREIS' MD. CO.. Ill A I IS TnUSiB SL. Sewlerlu W DrSandens g& SSw., Electric Belt" A