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