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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Feb. 27, 1895)
8 TBE UiORNINGr OREGOISriASr, WED2JTESDAX. FEBRUARY 27, 1895. LITTSCHKE IS GUILTY THE BAIL BOXD THIEF IS CONVICT ED IS QUICK. ORDER. Conviction of H. 'Meyer The Cordray Injunction. Snlt Insurance Case Apiealed. William Littschke -was convicted yester day in Judge Stephens' court of the lar ceny by embezzlement of 5600 from Mrs. mizabeih Hess. Mrs. Hess was the "wife of Christian Hess, deceased, and, prior to lis death on the 3th of August, ISM, both she and her husband were arrested for stealing money from Theodore Hebe. Hess was employed as cashier and salesman by Uebe, in the store of the Oregon Ger man Baking Company, on Third street, and was accused by Liebe of pilfering a portion of the receipts for a long "period of time. This money Christian Hess was alleged to have transferred to his wife. The arrest of Christian Hess was at the instance of Theodore Llebe, and that of Irs. Hess was on complaint of District Attorney IiHme. In order to procure her release from custody, Mrs. Hess induced "William Littschke to sign a bond, and, to indemnify Littschke from any loss, turned over to him ?600 in cash. Hess committed suicide after attempting to kill Liebe, and the charge against Mrs. Hess was eventually quashed, and she then sought for Littschke to obtain the return of her ?500. He refused to deliver it. ac cording to the nature of his trust, and. Instead, skipped. He was finally located in Sunshine, Pacific county. Wash., and was by Constable Connor placed under arrest and returned to Portland. Littschke was indicted and was placed upon trial in Judge Stephens' court a month ago. After the evidence in behalf of the state had all been submitted, at the first trial. counsel for Littschke moved for a dis missal of the indictment against him for the reason that it was defective. Judge Stephens, on an examination of the indict ment, conceded that it was at fault, and instructed the jury to find a verdict of not guilty, which was done. In behalf of Littschke it was set up that he had once been in jeopardy and could not be rein dicted, and was entitled to his discharge. The court held to the contrary, and a second indictment was brought, and on this finding of the grand jury Littschke was convicted yesterday. Practically no defense was made in his behalf. Theodore Liebe was called for the dofense and asked if he had told Littschke not to return the money to Mrs. Hess, as it was his (Liebe's) money, and he would hold Littschke responsible if he turned it over to Mrs. Hess. He was also asked if he had caused a letter to be written to Littschke to this same effect, and told Littschke to keep the money in Ladd's bank, where it was on deposit, subject to further action of his (Liebe's). The court would not permit Liebe to an swer any of these questions, or to adduce any such evidence, ruling that it was wholly Improper and immaterial to the case at issue. A certified copy of the pro ceedings of the former trial, when Littschke was acquitted on the instruc tions of the court on the faulty indict ment, was Introduced in evidence and was allowed. No other defense for Littschke was presented. It tcok the jury just six minutes to adjudge him guilty as charged. H. MEYER COXVICTED. He Mnintninx n. SInnRlitcr-IIonso "Within, the City Limits. Judge Stephens yesterday confirmed the decision of Municipal Judge Smith In the case of H. Meyer, who was convicted of conducting and maintaining a slaughter house vlthin the city limits, and taxed the cpsts of the appeal to the state circuit court to Meyer. The case was heard be fore Judge Stephens about a week ago. The contention in behalf -of Meyer was that the provision of the charter under which' lie was convicted is unconstitu tional, and ihat the council exceeded its authority in the passage of such ordi nance. Counsel for Meyer yesterday asked and was allowed 10 dnys' time to prepare an appeal to the supreme court. THE CORDRAY INJUNCTION" SUIT. G Iff en. & Ncill Answer anil Explain "Why They Broke Contract. This morning at 9 o'clock Judge Shat tuck will decide the case of John P. Cor dray. who asks that the GIffen & Neill company be enjoined from playing at the Marquam Grand theater, because they were under contract to perform at Cor dray's theater and violated their contract to go to the Marquam theater. There was a further hearing of the case last night, ani the matter was presented to the court from all standpoints It was set forth in the answer of GIffen & Xeill that Cordray was not in a position to complete; his contract, and he had asked Giffen & Neill to pay for all advertising, perishable property and other expenses from their share of the receipts, and this they refused to comply w ith, and further, the contract was only partially made by telegraph, to be consummated on the ar rival here of William Giffen, one of the managers. On his arrival he suspended further negotiations with Cordray, as they failed to come to a mutual under standing upon all matters, and Cordray thereupon rescinded an order previously made for tickets for the troupe to travel to Portland on, and they paid their own fares, with the understanding that they were to play at the Marquam theater. Cordray is alleged to have known of their contract with the Marquam over a week 1cfore the opening night, and could have protected himself by securing other at tractions. The law was interpreted to the court as being that an injunction could only issue in a case whexe the performance was extraordinary or unique. In this in stance the performance was not of that description. They were clever people and gave a flrst-class dramatic entertainment no more. Cordray could substitute at tractions from San Francisco equally as effective. This was the line of the defense. For Cordray it was strongly asserted that he was damaged; that the contract was binding, and he stood in readiness to fulfill it. All the ground gone over Monday was once more reviewed. The company was permitted to proceed with its performance last night at the Mar quam, no additional bend being asked. A INTERESTING INSURANCE CASE. Appeal to the Supreme Court on Jmljj-e Shnt(nckK Rullnpr. Tho case of John Schmurr vs. the State Insurance Company, recently decided in the state circuit court against the insur ance company, has been appealed to the supreme court by the company. The judg ment in the circuit court in favor of Schmurr wrs for ?117- This is a case where paymont of Insurance was refused beeauso a carbarn was erected next to Schmurr's house. , and the company claimed it increased the risk and that, by a provision of the policy, Schmurr was required to notify them of the erection of this barn and had not done so. The barn burned subsequently, and Schmurr's house with it. Schmurr claimed that the company knew of the barn, and had saM nothing about canceling his policy. As grounds for appeal to the supreme court, errors in Judge Shattuck's ruling are alleged, errors in his charge to the jury are claimed, particularly on the question of the matter of notification by Schmurr to the company as to the build ing of the carbarn next to his house. On tlus point Judge Shattuck instructed the jury as follows: "If the company got notice of that fact from any source, it would be equivalent to notloe given by Schmurr. It is imma terial altogether how the company got the notice, if it got it. The insured ought to have given li the cempany ought "to have notice from somewhere. If they had notice from any quarter, it answers the purpose of notice as given by Schmurr. If the company, after having knowledge of the erection of a building which increased the risk, and made no change in their conduct and dealings with the insured, did not cancel the policy left It in force it ought to be hold in force until canceled. If any loss occurred, the company's liability would be created to pay it. If the insurance company wants to avail itself of a matter of that sort, it would be considered as asking a rescis sion of contrasts, and the law relating to rescission of contracts requires the party who seeks to rescind to do so Immediately on discovering the causes which authorize him to rescind. The company is not al lowed to speculate upon the condition, to avail itself of it. If it happens to be an advantage to it. and reject it if It happens to be injurious to it. When the cause, the right to rescind the contract, is fairly presented. It should oxerclse its option im mediately, without delay, without specu lating upon chances." The supreme court is asked to decree all such instructions to the Jury at fault, and for this and many other reasons al leged, set aside the Judgment of the lower court and grant a new trial of the case, "WHOSE STRAWBERRY PATCH IS IT A Question In Court That Una Ex cited the Ladles of Albina. A suit Involving $S0 rent. $40 damages, a strawberry patch, and other things, was tried before Judge Shattuck yesterday. A large delegation from Alblna. principally ladles, was In attendance in court as wit nesses, and they appeared to enjoy the pro ceedings as much as if they were at a cir cus. Frank Inman hired a house at 430 Williams avenue, Alblna, from M. E. Thompson, paying $30 a month, and paid two months' rent in advance. "With the house was to go a strawberry patch, and Mrs. Inman testifies that Thompson agreed that everything was to be placed in good sanitary condition. She claims Thompson failed to keep his word in this respect, and, further, that Mrs. Smith, who occu pied a cottage next door, claimed the strawberries. A meeting of the neighbors was held to dispose of this much-mooted question, including Thompson, the land lord. To make a long story short, after two days' occupancy of Thompson's house, the Inmans vacated It, and demanded the re turn of the $60 paid by them as rent. Thompson declined to refund, and this suit followed, including $40 damages. Dr. Wheeler gave evidence at the trial, that the sanitary condition of the house was not good, when he was called to ex amine it by Mr. Inman. The evidence was all submitted yesterday. Authorities and arguments will be heard by Judge Shat tuck Thursday, and he will then decide the case. AHckciI ForRerj". Did "William Otto forge a power of at torney in the name of Carrie Sund, and make a fraudulent deed to a piece of land? That is the question in a case heard by Judge Stearns yesterday. The deed was executed in favor of Emile Schmidt and the price paid was 56G0. Carrie Sund tes tified yesterday that she did not authorize Otto to make a deed in her name to Schmidt, and had given him no such power of attorney. On the date noted on the paper granting Otto power of attorney Mrs. Sund stated that she was not here, and therefore could not have signed the document on that day, and otherwise did not sign it at all at any time. Judge Stephens took the matter under advise ment. Otto, who for a time was a law yer here, is said to have left the city. Appealed to Supreme Court. F. E. Beach, as one of the parties to a suit against J. L. Henderson and wife, has appealed to tho supreme court from a decision of the state circuit court, which held a mortgage of the Washington Build ing & Loan Association against the prop erty of the Hendersons, described as lot 2, block 12, Mount Tabor Villa annex, to be superior to a lien placed upon the prop erty by Beach & Co. for material for a building contained thereon. The point is to test whether or not a mortgage has precedence over a mechanics lien, and it is one of much contention and has been taken in several cases to the supreme court. Decision in n. Small Case. Yesterday In Judge Shattuck's court the case of James Kepcha "vs. R. F. Fichtner was tried by a jury. The action was to recover $91 12 for hauling posts and poles during September and October, 1S92. Fichtner, as a defense, alleged that he paid Kepcha what was agreed upon for the hauling, and that Kepcha owed him $21 40 for harness and whips sold and de livered. On a trial of the case before Justice Wood the verdict was against Fichtner for $?6. Fichtner appealed to the state circuit court. The verdict yes terday was against him for $6S SO and the costs of the appeal. Court NotcK. License to wed was issued yesterday to Maurice J. Owens and Anna Bell. Chin Wo got judgment by default in Judge Shattuck's court yesterday against the Portland, Mount Tabor & Eastern Railway Company for $103 due on a note. A H. Boscow has filed with the county court his appraisement of the estate of "William A. Leland, showing its value to be $CS 50, and the court has ordered the property sold for this sum at once, as It is of a perisnable nature. THE LIGHT PLANT. Vancouver Making Preparations to Lease to Jenkins &. Harvey. VANCOUVER, Wash., Feb. 26. The city council met this afternoon as a com mittee of the whole in the city clerk's office. The object of the meeting was to complete the terms of the contract or agreement between the city and Jenkins & Harvey, relative to the city light plant. The contract, as agreed on, will be sub mitted to the council for final action at the regular meeting next Monday even ing, at which time an ordinance author izing the mayor to enter into contract to lease the plant will also come up for final action. Should the vote be favora ble, the contract will be signed at once by the mayor, and the contractors will take control of the plant March 5. No opposition is anticipated to the lease. "Washington Cavalry Officers. Lieutenant Marshall Scudder. of troop C. of Yakima, has been elected captain to succeed Fred R. Reed, who w as recent ly elected major of the First cavalry bat talion. Second Lieutenant Fidelo K. Hiscock has been elected first lieutenant of the troop, and Second Sargeant Frank M. Hall has been elected second lieuten ant. Major Reed has appointed Sergeant George Rodman, of troop C, to be ad jutant of the First cavalry battalion, with the rank of first lieutenant, vice John D. Davis, promoted to be assistant adjutant general on the brigade staff. A :Iis!insr Girl From Everett. A man giving his name as T. McGrath and hie residence as Everett, has reported to the Seattle police that Miss Blanche Johnson, aged 23 years, took the even ing tu n from Everett February IS, for Seattle, and that since then her friends had never heard from her. She intended to visit Louise Otto, who lives near the foot of Pine street, on the water front. Possible Trouble in the Mines. The Seattle Coal & Iron Company may have more trouble with its miners. The latter want their wages increased 15 per cent and it is understood that, while the company is very anxious to be at peace with its men, it will, under no circum stances, consent to an increase. o Tacoma Ledjver Mortgrasre. The Provident Life & Trust Company, of Philadelphia, has brought suit in the superior court at Tacoma against R. F. Radebuugh and Joel Radebaugh and the Ledger Publishing Company, to foreclose a $14,000 mortgage. We recommend the use of Angostura Bitters to our friends who suffer with dyspepsia. OYERHALFAffiLLM THIS LEGISLATURE APPROPRIATED. 565,476 LESS THAN LAST ONE. An Analysis of the Acta of Both. Bod ies "With Reference to the Amount "Which. "Was Voted. The general appropriation bill was ap proved by the governor Saturday. In Its final form. It is as follows: Salary, governor $ 3,000 Private secretary same 3,600 Clerical aid same 1,600 Secretary of state 3.000 Chief clerk same 3,600 Clerical aid same 11,960 Treasurer 1,600 Chief clerk same 4,000 Advertising warrants 600 School superintendent 3.C00 Clerical aid same 3,00!) Traveling expenses same 1,600 Record books and blanks 3,000 Attorney-general 6,000 Stale librarian 2,000 Incidentals library 600 Books and binding same 3,000 Vols. 26, 27, 28 and 29, supreme court reports S.000 Pilot commissioners 1.200 Clerk to same 1,200 Insurance and maintenance pilot schooner 3,000 G. C. Fulton, attorney pilot board. 600 Office rent pilot board 2i0 Health officers 4.400 Boatman at Astoria 1,000 Janitor capltol building 2,640 NIghtwatchman capltol 1,800 Repairs and maintenance capltol. 3,340 PalnUng interior capltol 2,000 Wood and firemen capitol 4,600 Lighting capltol 9,200 Teachers and expenses deaf mute school , 25,003 Lighting same 2,300 Furnishing- and improving same... 12,000 Teachers and expenses blind school 13,000 "Working home, blind school 3,000 Insurance and painting same 2,000 Lighting same 2,200 Board of agriculture 10,000 Eastern Oregon fairs....' 6,000 Southern Oregon fairs 3,000 Fish protector b.000 Food commissioner 3,000 Railroad commission 20,000 Domestic animal commission 8,000 Board of equalization 6,500 Rewards for arrests 1,200 Weston normal, general expenses. 12,000 Same, new grounds 4,000 Monmouth normal, general ex penses 18,000 Same, deficiencies 8,526 Soldiers' home 24,000 The home at Portland 5,000 Orphans' home, Albany 5,000 Orphans' home, Salem 5,000 Baby home. Portland 4,000 Refuge home, Portland.- 5,000 Magdalen home. Portland 4,000 Boys' and Girls' Aid Society 2,500 Patton home for the friendless 2,000 St. Mary's home, Beaverton 4,000 Portland frpe kindergartens 1,500 Corvallis agricultural college 5,000 Repairs, Cascades portage, 1895.... 2,000 Same, 1S94 2.191 Board public buildings 4,000 Code for justices, etc 453 Dittenhoefer, Haas & Co.-Rein- hart case 5SS Attorney fees Corvallis agricul tural college 1,553 "World's fair commission claims.... 2,000 A. S. Huntley, labor at asylum.... 59 Reform school, new buildings 5,176 Same, salaries and general ex penses 3,071 Deaf mute school, deficiency 7,596 Asylum cottage farm, deficiency.. 5,468 School blanks, deficiency 216 Blind school, deficiency 22S Blind school, deficiency 901 Conveying convicts, deficiency SS5 Conveying- insane, deficiency 2,157 "Wood for penitentiary, deficiency.. 307 Vault and fixtures, state treasury. 2,000 Geo. S. Downing, attorney fees 174 J. W. Maxwell, costs In suit, 18S9. 1,153 O'Connor & Co., deaf mute school contract 1,440 O. N. Denny, expenses to Wash ington JDS C. A. Cogswell, swamp land fees.. 2,000 Minor personal claims, five in number 210 Public printing' and binding, de ficiency 23,756 Supreme and circuit courts, de ficiency 4,668 Soldiers' home, deficiency 10.9S1 Electric supplies, deficiency ( 654 Board of horticulture, deficiency... 273 Siuslaw hatchery 500 Weather bureau 1,000 Reform school, general expenses.. 36,000 same, improvements ana salaries. 2t,oUU Same, water-works 6,000 Same, lighting 4,700 Supreme court 129,000 Legislative per diem and mileage.. 15,000 Incidentals, state offices 28,000 Insane asylum, salaries and ex penses 22S.960 Same, books 1,000 Same, returning patients 800 Same, improvements farm 7,000 Same, repairs and improvements. 26,000 Same, fencing 1,000 Same, lighting 11,650 Same, lighting cqttages 2,300 Public printing and binding 60.000 Transportation convicts 25,000 Transportation insane 2S.O00 Return of'fugitives 9,000 Non-resident poor 8,000 Penitentiary 131.230 Common school fund, interest 12,500 University fund, interest 300 Agricultural college fund, interest. 300 University fund, principal Add Agricultural college fund, principal 1,000 Common school fund, principal... 4,000 Swamp land fund, principal 33,000 Tide land fund 2,000 Total ..$1,257,135 The general appropriation bill of two years ago carried a total of $1,501,885 37. This was inclusive of $51,122 50 trust funds. The trust fund appropriation this session is $53,500. Exclusive of trust funds, there fore, the total appropriation for 1S93 is $1,450,762 87; for 1893. $1,203,635 99 a less amount for this session by $247,126 SS. Leading items of allowance in the two bills may be compared as follows: 1S93 1895 Governor's office, salary, sec retary, clerical aid, extra compensation $ 7,600 $ 10,200 Secretary of state, same 16,969 1S.560 Asylum, including deficien cies 303,419 284.17S Penitentiary, including de ficiencies 153.S9S 131,230 Reform school, including de ficiencies 127,738 73,000 Supreme court, including de ficiencies 107,100 133.66S Public printing and binding, including deficiencies Si.101 83,755 Blind school 25,391 21,329 Mute school 20.000 46,890 Monmouth normal school... 22,382 26,526 Tomestic animal commission 12.000 8.000 St. Mary's home, Beaverton. 2,000 4,000 The charitable bequests are the same as two years ago, excepting the one for St. Mary's home and the addition this year of the Portland free kindergartens. It may be noted that of the domestic animal commission's appropriation of $12,000 two years ago some $5000 was re turned unexpended. The appropriation this year therefore is $SO00. Some $40,000 was unexpended of the appropriation for new buildings at the penitentiary; $5000 for Mill creek and $3600 for the capitol drain age; $5000 on the cancellation of the capi tol electric light contract; $9000 on the Oregon City fishway, were items saved, and not necessary to be reappropriated this session. The secretary of state's re port shows that of the general fund $97, 338 92 was- unexpended. But this affords little light as to the relation of expended balances to this year's estimates and ap propriations. Indeed, the state's system of bookkeeping is so complicated and its appropriations afe so divided between standing statutory provisions, special laws enacted at every session and the general appropriation bill that only an expert, and he at infinite pains, could make any intelligent comparison. A few Instances will show the condition. The secretary of state's report shows that of the gen eral fund $97,338 92 was unexpended, but in this is included the balances unexpended of the university and militia funds, which appear neither in the general nor specific appropriation bills of either the last of the present session. The last general ap propriation bill carried an appropriation of $63,000 for the purchase of the stove foundry, but the jute mill purchase was appropriated for In a special act. Last session an item of $3500 was put in the general appropriation bill for a drain for the capitol grounds. Thi3 year it is re enacted, but in a special act. The state horticultural board had $7000 in the last appropriation bill; this year its wants are in a special act. Items for the legis lative session are put In. special acts and the general appropriation bill indiscrimi nately. The general appropriation bill, therefore, is absolutely .worthless as a source of information as to the state's expenses. Items of expense in special acts this year are the Eastern Oregon insane asylum, $140,000; the state board of hor ticulture. 5SOO0; the state sewer, $15,000; the capitol drainage, 53600; the relief of Iva Templeton, $3000. The statute requir ing the raising of $50,000 for the state university and $60,000 for the militia during the next two years is yet in force, and this increases the state budget with out appearing- at all in the general appro priation bill. The Weston normal school and the Soldiers' Home appear in this ap propriation bill, and not in the last, hav ing been provided for then in special acts. The expenditures contemplated for two years are as follows: General appropriation bill $1,237,133 Eastern Oregon insane asylum... 140,000 Sewer 15,000 Drainage 3,600 Relief, Iva Templeton 5,000 Militia and university 120,000 Board of horticulture 9,000 Total i... $1,549,733 Some of this is in deficiencies which will, in all probability, be offset by equal de ficiencies in the same or other funds two years hence. There are also a few local acts for graded schools, etc. The appropriations for 1S93 were: General appropriation bill $1,501,853 Jute mill 190.000 Eastern Oregon insane asylum.... 163,000 Soldiers' home 39,000 World's fair exhibit 60,000 Mute school 25,000 "Weston normal 24,000 Corvallis college . 30,326 Fishway and light contract 20,000 Militia 60.000 University 60,000 Total $2,175,211 A MISCONCEPTION. The Retirement of the National Bank Note Not Advocated. PORTLAND, Feb. 25. (To the Editor.) I have read your paper long enough to know that a definite stand once taken is the result of mature reflection. To this general rule, I hope, in the present in stance, to be able to point out an excep tion. That the legal-tender note should be retired, or, as it is more frequently expressed, that the United States should retire from the banking business, is an absolute essential to the restoration of our national credit and the adoption of a sound financial system, seems to comprise the consensus of opinion in the papers and periodicals of today. So your corre spondent has found it in his limited field of research. Advocated by experienced men of recognized ability, perhaps The Oregonian accepted it as atruism, and with out serious reflection. I entertain a hope that so great an advocate may yet find it within the pale of patriotic work to come to the defense of an American in stitution, our national bank system. The retirement of the legal tender and the bank note involves its overthrow. Our financial difficulties have accom plished one good: They have made plain the imperative necessity of reformatory legislation in regard to the national bank system. A circulation equal to the par value of bonds or gold deposited In the treasury should be allowed, and nothing should be withheld from the bank by the department for the purpose of redemp tion. All crippling pecuniary exactions should be remitted; the bank should be empowered to take security for loans on realty and growing rops; but, above all, when obliged to suspend because of an unforeseen panicjor general business de pression, no receiver with exorbitant and arbitrary salary should be imposed upon it. Two or three 'of the directors should be required to give an extra bond and to act without salary. The capital stock of the bank, which must sustain the first loss, the property of these directors de posited In the United States treasury, is the best guarantee of a management in the interest of depositors and all con cerned. The legal tender and the bank note differ in name only. They are issued by the United States under the supervision of her authorized officials, who are responsi ble to the people, they perform a like function; each represents the obligation of the United States for which she has received adequate security; gold or United States bonds, and they are redeemable in gold by the United States. Every dol lar of our circulating medium has been coined and made by the United States under the supervision of her lawful authority. The acts of coining metallic and making paper money are identical and cannot be delegated. To attempt to confer upon a private corporation the right to issue bank notes would be an effort to abandon the people's right of supervisory control over the circulating medium an effort to clothe a private corporation with a sovereign power, which congress has no right to do. The national bank is the fiscal agent of the United States for the distribution of her circulat ing medium. The creation of the bank note is the act of the nation. One general law lies at the foundation of our credit at home and abroad. It is this: The United States will maintain the parity of her metallic and her paper issues. It is this great law which fixes the status of the United States when making money. It confers a right ami Imposes an obligation. From it arises the right of the nation to declare her issfies, metallic or paper, legal tender. Without that law such a declaration would be a law impairing the obligation of contracts. To maintain the parity, the United States must tax her people, and congress might as reasonably undertake to invest a private corporation with the power of taxation as to author ize it to issue bank notes. In issuing money, the United States acts as one party to a, contract, and all who receive her money are -tSe other parties. The ob ligation she assumes, to maintain the value of her money, could never be per formed by a private corporation without the power of" taxation. The right and the obligation emanate from the same act and attach to the party acting, and are in contemplation of law inseparable. Greenbacklsm has not triumphed, and we have no Incontrovertible money as the cunning and malicious assailants .of our system declare. The greenbacker cannot realize the necessity of a gold reserve. The United States does not get her money illegitimately nor as the burglar. Every dollar of her issue represents the labor of her citizens. Like her most humble son, she earns her bread in the sweat of her brow. Should the United States undertake to make money without assuming the obligation of maintaining its value, such money would indeed be Irredeemable. When she had made enough such money for herself, she might then supply her law-abiding citizens, and thus relieve them of the necessity of labor. To de clare such money legal tender would be repudiation, which is but another name for national suicide. In such a time as the present, the representative of cor porate rapacity, the callous millionaire, will endeavor to divert the atten tion of the people from the true cause of disaster, in order to re lieve his money-making schemes from the salutary checks whoch wise laws have provided for the protection of the laboring masses. But we are not a nation of im beciles. In this free country the brood of Imbecility is the progeny of overweening wealth. We must at all times assume the duty of exercising every power of na tional sovereignty by elective officers un der constitutional limitations, or confess that our republican form of government is a failure. The United States is not in the banking business. Issuing greenbacks and bank 1 notes as she does is no part of the bank ing business. By the re-issue of the greenbacks and the use of a portion of the money which banks deposit in order to secure a circulation, she merely" ceases to that extent to be a borrower. The pledge of a capital stock of a bank with the treasurer of the United States is a guarantee by the stockholders for the performance of a careful and legitimate business, and operates as an insurance upon deposits. The receipt by the United States treasurer of that capital stock, whether in the shape of bonds or gold, creates the indebtedness which is the essential basis of the national bank system. We have had experience enough to settle beyond doubt the amount of such money which may be safely used for na tional purposes. Being the fiscal agent of the United States, the national bank can-. not be taxed by any state, and the use on this money, which will inure to the ben efit of the whole people, may be justly made in lieu of taxation. The individual, the state, and the nation, each has its peculiar burdens. To redeem our paper issues with a safe gold reserve is a light burden inseparable from an admirably perfect monetary system, and the burden should be endured for the sake of the sys tem. "When the United States issues a legal-tender or a bank note, she is actu ated by no mercenary motive. Should the banker be intrusted with that power, it would be necessary to guard against his cupidity. The validity of the bank check, like the note, depends on law; its value, upon money in bank or upon the pecuni ary responsibility of its maker. It is a safe medium of exchange, because its value is readily ascertainable, and all to whom it is offered have ample opportuni ty to protect themselves. We know by experience the effect of lavish expendi ture of public funds, and the necessity of such legislation as will produce an ample supply. Such errors are not the fault of our national bank system. Our legisla tion should be directed against the de fects, but the system should be preserved, as our experience has certainly demon strated its utility. JAMES B. CARR. This shows curious misconception of the nature and function of national bank notes, which are not government currency at all, but private bank issues not legal tender, which the treasury guarantees simply as custodian of the bonds deposit ed to secure them. They are in all re spects the opposite of treasury notes, and if tho latter were wholly replaced by na tional bank notes our finances would be on a much sounder basis. AMUSEMENTS. MARQUAM GRAND "Captain Swift." Tonight. EXPOSITION Professor Gleason, horse trainer. The big gray horse from Eastern Ore gon that was the star attraction at the horse show last night created more dis may than enthusiasm upon his first ap pearance in the sawdust arena. He was not one of the nervous kind, but a really vicious brute that had a disagreeable habit of rearing on his hind legs and at tempting to turn back somersaults every time he was hitched to a buggy or cart. That is what he was before Professor Gleason took him in hand. During his course of training he developed a playful disposition, and rushed about, plunging over seats and keeping spectators on the move. He only weighs 13G0 pounds, but every time he reared up the nearest spec tator would have sworn that he weighed 10 tons. But, like other horse?, he -was led away, after the performance, as meek as a kitten, but not nearly so play ful. "Jack the Ripper" and the elephantine Albina horse were given a finishing les son of equine etiquette, and trotted very nicely in double harness, much to the delight of spectators, who had seen them before Professor Gleason took them in hand. That bugbear horse from Salem that was said to be past redemption was given a few finishing touches. He is now so thoroughly broken that a child might drive him with perfect safety. Today he will be shipped back to the man who could not be his master, but will be now. Tonight the management will offer a special attraction In the shape of four wild and woolly Montana bronchos, just from the plains. Not one of them has ever had a rope or strap of any kind on him. o HOTEL ARRIVALS. THE PORTLAND. John Waldie & wife, Toronto E R Moore, U S N Mrs E R Moore, Washington J G Walker. Chi Hugh Thompson and wire, saiem W S Kinney. Astoria G T Gray, Oakland J D Gilhland, Omaha D J Hogan, Helena C Swanston, Sacra L S Mallory. Mnpls H M Ball, Tacoma mento F L Miller, Chicago.M Schwedersky, N Y E B Deyor, City H C Boyd, S F "W S Whitman, St PE L Lewinsky. N Y Mrs J H Spear and F W Beane, Tacoma son, Spokane H A Moore. S F E A Cox. Boston L Cullom, Tacoma J L Harris, S Bend Occidental Hotel. Seattle. Rate3 reduced from $3 50 to $2 per day. o Tom Didn't the encore unnerve Miss Twitter? Jess Not a bit; she's used to having the neighbors pound on the floor when she sings. Puck. Beecham's pills are for bil iousness, sick headache, diz ziness, dyspepsia, bad taste in the mouth, heartburn, tor pid liver, foul breath, sallow skin, coated tongue, pimples, loss of appetite, etc., when caused by constipation; and constipation is the most fre quent cause of all of them. One of the most important things fox everybody to learn is that constipation causes more than half the sicknes in the world.especially of women; and it can all be prevented. Go by the book.free at your drnggist's,orwriteB.F.AllenCo.,365Canal St, New York. Pills, io and 25$ a box. Anneal sales mora than 6,CCO.0G3 bcxei. AMUSEMENTS. PP.OF ESSOR. GLEASOX Remains in Portland five days more only by request, and will give his 1 MARVELOUS EXHIBITIONS DAILY. In order that every man, woman and child may be able to attend this GREAT XSD INSTRUCTrVE SHOW. TONIGHT AT EXPOSITION HALL AT S:13 O'CLOCK. Prices to suit all. Admissionr 3000 seats, only 10c: 2000 seats, only 20 cents. Grand band concert 7:30 to 8:15. ilARQUAil GRAND OPERA-HOUSE Helliff & Lesster Lessees and Managers WEEK OP FEB. 23 (SATURDAY MATINEE). First Appearance Here of "GRIFFEN &l NEILL'S" STOCK COMPANY. In the Great Romantic Drama, "CAPTAIN SWIFT." Sale of seats opens Friday at 0 A M. Special prices: Lower floor. 50c and 75c: dress circle. 35c and 50c, gallery, 25c; boxe3, $3. HERE'S JUDGE DE WIT One of the Ablest Lawyers in the South Advoeates Paine's Judge William Henry DeWitt is one of the most prominent llawyers and judges in East Tennessee. He is a leading member of the Southern Methodist church In Chat tanooga. In legal business and social cir cles, he stands high, and his statements, says the Chattanooga Press, are regarded of special weight, because of his venerable character, he being now 67 years old. He has held several prominent positions fin a legislative and judicial capacity, hav ing served as a member of the Southern congress at Richmond during the war, and since that time as judge of the chancery court, one of the highest offices in judi cial practice next to the supreme court. He was admitted to the bar in 1S50. In 1833, he was elected to the state legislature, but declined a re-election. After his removal to East Tennessee, he was appointed special chancellor by Gov ernor Taylor, and filled the office for two years. He has successfully practiced be fore tho supreme court of the United States for years. In recent years, owing to the heavy work he has performed, he has been sub ject to nervousness, and his attention has been called at various times, both by friends and physicians, to the need of forti fying himself against physical collapse. His attention was called to Paine's celery compound as a vitalizing force. He sought The purchasers of the pictorial Helena," as well as all those of our B. Gibbs' serial story published in "Military Career of Will be pleased to know that we can Trjir All CilntAThA ' " ATTENTION! Look for Coupon in Another Part of This Paper. T 1 Celery Compound. and obtained this valuable aid, and to friends he recommended the use of the remedy for shattered nerves. Overhearing his conversation, a friend asked him to write down his experience for the use of others so afflicted. In re sponse he wrote as follows: "Dear Sir In obedience to your request. I state some of my personal knowledge of the value of Paine's celery compound as a. medical remedy for certain afflictions and diseases, as follows, namely: "Judging from my own experience, it is a first-class remedy to restore the nervous system when broken down or impaired from overwork of mind or body, revivify ing the energies. It strengthens the diges tive powers .and cures costiveness; truly it is a good nerve tonic, a good alterative, a splendid diuretic. It is good for the kid neys and the blood, renews vitality, and restores strength. It surpasses anything I have used as a health renewer, a strength giver, and system regulator. It quiets weak nerves, gives better rest, increases both appetite and digestion, and brings back lost power of balmy sleep, nature's sweet restorer. Yours truly, WILLLVM HENRY DEWITT." There is the statement of Judge DeWitt straight as a. dip clear conclusive. Read I it again. urifetj.,- - ,-QHt0 album "Napoleon from Corsica to St. readers who have enjoyed Montgomery these columns, entitled Napoleon the Great" now furnish them with Mr. Gibbs' most interesting" story in bookform. This is an anecdotal story of Napoleon the warrior, interspersed with stories now first told in English by his marshals and generals, of a career which produced a series of actions unparalled in the history of tbc world 'and is a noteworthy produc tion, well worthy the reputation of its painstaking and enthusiastic author. 4 The book contains nearly 600 pages, 5 by S inches, and is published in but one style of bind ing, viz; half morocco gilt. It is bound in the HIGHEST STYLE of the book-maker's art, and will be sent post-paid to any address ON RECEIPT . OF...PI.2 Address, ItfOOTiG OEGOftmN Portland, Or. Ni