Morning Oregonian. (Portland, Or.) 1861-1937, February 28, 1895, Page 8, Image 8

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    THE MOBSTCK'G OEEG02fIA2fe THTJBSDAY, EEBKTTAET 28, 1893.
TflE KECEITER STAYS
JUDGE STEAUXST3ECTDES THE PRA
GER FAILURE CASE.
Cliarlc E. 3Iorjran-on Trial Tb eater
Injunction DIoIved True
Uilla Found.
A petition for the removal of F. K. Ar
nold as receiver ia the case of the 1L B.
Claflin Company vs. Prager Bros., and the
Farmers' & Mechanics' Store, was denied
yesterday by Judge Stearns. The H. B.
Claflin Company is required to give a bond
sufficient to cover the amount of the judg
ments against Prager Bros., in favor of
relatives. These judgments are in the sum
of 5M.GW, and are claimed by the H. B.
Ciaflin Company to .be fictitious and void.
The bond to be filed is to serve to protect
Prager Bros, from demage sustained, in
the event the invalidity of these alleged
relatives Judgments is not established.
Proceedings by the H. B. Claflin Com
pany, enjoining the sheriff from selling the
property in the Farmers & Mechanics'
store, and praying the court to turn the
same over into the hands of the receiver,
were also ordered taken. The property
will then be sold by the receiver, and the
Judgments against Prager Bros, will be or
dered paid by Judge Stearns in the order
in which they were taken, save the judg
ments In favor of the relatives, attacked
by the H. B. Claflin Company. The amount
of these relatives' judgments is to be turned
over Into the hands of the court, pending
a final decision in the H. B. Claflin Com
pany auit as to whether or not the rela
tives' claims are determined to be valid or
fictitious.
The other judgments against Prager
Bros, will be paid in full in the order in
which they were ljjed and decreed in Judge
Shattuck's court. In case the property
does not realize sufficient money to pay
till of the judgments in full, all firms hold
ing judgments, after th fund has been ex
hausted, will, of course, get nothing. The
Judgments In favor of the alleged relatives,
contested by the H. B. Claflin Company,
occupy a leading position on the judgment
list, and will be paid in their order, but, as
otherwise stated, this money will be held
subject to the control of the court, for final
disposition, when the H. B. Claflin Com
pany litigation is disposed of.
SHORT IiIXE RECEIVERS ANSWER.
Four More Rnilroml Documents Filed
in. tbe Federal Court.
Four documents connected with the case
of John Dfllon, trustee, vs. the Oregon
Short Line & Utah Northern Railway
Company, were received by express from
Omaha yesterday, by Captain Sladen. and
filed In tne United States circuit court.
One is the joint and several answers of
S. H. H. Clark and others, receivers of
the O. S. L. & V. N. R. R. Co., to the
bill of complaint of John Dillon against
them, or so much thereof as is material,
saving all exceptions In their favor. It
admits all and singular nearly all the al
legations of the bill of complaint, except
those of the ninth paragraph and a part
of the tenth, in regard to which they
claim to have no definite and certain
knowledge, and are willing to leave to
the court to decide. These defendants ex
pressly deny that they have in any way
diverted pr used the revenues coming into
their hands as receivers for the purpose
stated in the complainants' bill, but, en
the contrary, have administered the prop
erty fairly, and disposed of the income of
the O. S. L. &. U. N. R. R. Co. according
to the orders made for their government.
All of these things the defendant Is ready
and willing to maintain and prove, and so
prays to be dismissed with costs.
A second document Is the separate an
swer of the O. S. L. & U. N. R. R. Co. td
the bill of o.iiplalnt or "John Dillon, trus
tee, j.gainst the defendant company
above mentioned, admitting the greater
pare of the allegations of said complaint,
ard pleading want of sufficient knowledge
to make definite, positive and direct an
swer to the others, and asking to be dis
missed with costs.
The next Is the separate answer of the
Union Pacific to the same complaint, and
Is much to the same effect, but stating
that in regard to the 11th paragraph
thereof It is not sufficiently advised to
make definite answer. Defendant prays
that complainant be required to submit
all his proofs, and that upon a final hear
ing and determination of the cases the re
spective rights and liabilities of the
several parties may be found and deter
mined according to the rights and powers
conferred upon any of them, and asks to
be allowed to attach to and make a part
of said contracts such appropriate alle
gations as may be necessary to the as
sertion of any relief to defendant.
The fourth document is a stipulation by
which complainant Dillon agrees that de
fendant may have until March 10 to file
answers to complainant's bill.
TRUE HILLS FOUXD.
Amonpr Other, Chnrles Lnndrcw,
l'nrse-Sntitclter, Is Indicted.
Indictments were returned by the grand
jury yesterday, as follows:
George Smith and Randall Robinson, ne
groos. larceny of $2 from Lou Hall, a
courtesan.
Charles Landrew. larceny of 560 from
Mary R. Thompson. Landrew, when ar
rested, gave the name of Charles Sanders.
"He is the man who snatched Mrs. Thomp
son's purse from her on the street.
William Richardson. Indecent exposure.
George C. Leland, larceny of a pair of
Trousers and a vest from Frank Cunning
ham. Dr. C. Von Andlau, also known as C.
Nlef. obtaining $100 from Dr. William
liaeenbalg, by exhibiting to Hasenbalg an
alleged telegram, purporting to come from
St. Paul. Minn., which read: "Property
sold. $7375; cash in First National bank.
&SM." This was written by Von Andlau
oh a receiving blank, and was shown by
him to Hapenbalg as a genuine dispatch,
and, by means of it, he secured the 5100.
Von Andlau is at present serving a sen
teHoe of IK days in the county jail, for
practicing medicine without a license.
In the fallowing cases, the accused were
exonerated, not true bills being returned:
Dr. Pawl J. A. Semler, practicing medi
cine without a license.
Mike Monk, larceny of an overcoat and
line from the dwelling-house of E. J.
Doagherty.
A. K. Anderson, forgery of a check for
5M on the Merchants' National bank, with
the name of James G. Cunningham at
tached, and passing the same on B. Gobbi.
GIFFEX & XEIL.L. SHOW GOES OX.
Preliminary Injunction. Dissolved
To lie Heard on Its Merits.
jMdpe Shattuck yesterday dissolved the
preMmluary injunction in the case of
John F. Cordray vs. The Giffen & Neill
Dramatic Company, and today the case
vttl be tried upon its merits, on the admls
4or either of oral testimony or by af
MavitaL In dissolving the injunction, the
court held that there was no contract
shewn, and the performance was not of
the unique ami extraordinary kind, as far
as the judicial knowledge of the court
went. Testimony is to be taken today in
order to give the court a better insight
ijtto the whole transaction between Cord
ray and Giffen & Neill, and. in the mean
time, the show proceeds at the Marquam
Grand without court interference. After
full and complete testimony has been sub
mitted to the court, a final decision of the
whole question will be rendered.
CHARLES E. MORGAX OX TRIAL.
Ho Claims He Did Xot Kmltczxlc $0(0
Front Iloyd A: Arnold.
Charles K. Morgan, an insurance agent.
was on trial in Judge Stephens court yes--teriay.
on a charge of embezzling JW
from Boyd & Arnold, by whom he was
employed Morgan collected the money as I
insurance premiums, and neglected to pay 1
it over, and Boyd & Arnold, after waiting
upon him to make rood his deficiency until
patience ceased to be a. virtue, caused his
arrest.
Morgan has heretofore borne a good
character, and drink Is said to have caused
his downfall. He has got well braced up
since his arrest, and In court yesterday
presented a good appearance. His defense
appears to be that he was acting as much
for the headquarters agency of the insur
ance company, at San Francisco, as for
Boyd & Arnold in this city, and therefore
is not responsible to Boyd &. Arnold for all
of the money he received, particularly for
this $600 charged, or the lion's share of It.
A contrary claim is made by the prosecu
tion. The trial was not concluded yester
day, and will be taken up again this morn
ing, 'v
nisltt-of-Wny Transferred.
A very lengthy document was yesterday
filed in the state circuit court, which re
lated to a transaction between the South
ern Pacific and the Northern Pacific Ter
minal Company. From the 20 pages of
typewriting in the document, it was sup
posed to be something important, but a
careful examination showed that it amount
ed to nothing more than a transfer of the
right-of-way of the Southern Pacific over
the portion of Fourth street included in the
Terminal grounds'? to the Terminal Com
pany, with provisions that In case exist
ing arrangements should come to an end,
the -right-of-way should revert to the
Southern Pacific
The West Side trains of the Southern
Pacific now run Into the Union passenger
depot and to the Southern Pacific freight
depot near the west side of the Terminal
grounds, and so no longer has any use for
the other track, which runs diagonally
u cross the grounds. The whole matter Is
of but little Interest to any one except the
railroad companies.
In Justice Geisler's Conrt.
Hans Johnson and A. Waltlen had a
hearing before Justice Gelsler yesterday,
charged with the larceny of two calves be
longing to William Hess. Johnson was
discharged, but Walt'en was held in $100
to appear before the grand jury.
Lee Lung, a Chinese, was fined $15 for
defacing a building. A month ago, while
the opening of a new joss house, on Sec
ond street, :vas being celebrated, a pis
tol ball crashed through one of "the front
windows, passing over the heads of those
inside, and creating a great excitement.
Lee Lung was suspected of being the
guilty party, but he claimed he was in
Vancouver at the time. He is thought
to be amembar of one of the. highbinder
associations here and a dangerous man,
and, the evidence being strongly against
him, he was found guilty and the fine
imposed.
A Waitress Sues Mr. Quimuy.
The high water of June, 1894, is partially
responsible for a small suit which was
tried before Judge Hurley yesterday.
Georgie Dickerson, a waitress, claims $35
due from L. P. W. Qulmby, for services
rendered. Mr. Qulmby tenders $14. He says
the young woman is mistaken in her ac
count, and declines full allowance during
the flood, consequent of interruption to
business. The case was previously tried
in a justice's court, and was appealed by
the hotel-keeper. A remaining witness in
the case will be examined today.
Seld Eaelc May Have to Pay.
A suit of Henry Fallon vs. Charles W.
Johnston and Seld Back was tried before
Judge Hurley yesterday. Seld Back In
dorsed a note for $300 for Johnston In Sep
tember, 1893, and unless Johnston comes
to the front, will have to pay it, as the
jury returned a verdict for the full amount
and for attorneys' fees. During the trial
of the case, it was shown that $13 a month
interest was paid.
Albino. Grocer Attached.
R. Sylvester, an Albina grocer, has been
attached by his creditors on suits filed In
the state circuit court, as follows: R. L.
Sabln, of the Merchants' Protective Union,
for $112 76, in behalf of the following firms:
Closset & Devers, $71 2S; Charles Hegele &
Co., $35 23; Luckel, King & Cake Soap Co.,
$6 25: B. Guggenheim, on a claim assigned
by Walter Bros., $326 S2; Mary Stark, note,
$1100.
Marshall Gets Xinety Days.
H. E. Marshall, convicted of petit lar
ceny in stealing old iron chains and bolts
from the Cascades & Eastern railway, at
the Cascades, was yesterday sentenced by
Judge Stephens to SO days in the county
jail.
Conrt X'otca.
Henry Alkan has filed suit in the state
circuit court against G. Heitkemper for
$631 62.
The time for J. C. Read to plead to the
Indictment charging him with robbing the
East Portland First National bank was
continued indefinitely by Judge Stephens
yesterday.
Licenses to wed were issued yesterday
to James W. Linehan, aged C3, Mary Kelly,
47; Thomas H. Benefield, 3S, Lovey A. Mc
Donald, 21; Charles Niblln, 37, Amy C. An
derson, 2S.
In the suit of L. Jacquot vs. J. McKer
nan. to recover for grubbing and clearing
land, tried before Judge Hurley, the jury
found a verdict for 554 60. The amount
sued for was $272 50.
In the matter of the estate of Jacob L.
Huber, deceased, the county court yester
day confirmed a sale by the administrator
of a piece of property on the Taylor's
ferry road, for $2000.
Annie Knapp and Florence Malret, exec
utors of the estate of Ivan M. Abraham
son, have filed their final account, showing
that the estate consists of 10 acres of land,
$17 50 cash, and a $7C9 50 certificate of de
posit. Yesterday Judge Stearns set the divorce
suit of Lillian Mackintosh vs. Willis A.
Mackintosh for trial, March 16. Mackin
tosh has had 43 days to pay alimony and
attorneys' fees into the court and to make
further answer In the case, but has done
neither, consequently he was yesterday
declared to be In default, and the case will
go to trial without intervention upon his
part.
MAY BE 'OPERATED.
Efforts Beinpr Made to Run the Orc
sron City Snsli Factory.
OREGON CITY. Feb. 27. Some of the
people Interested in the Oregon City Sash
& Door Company failure are trying to ar
range for continuing the operation of the
plant. There promises to be much build
ing done here this year, and it is thought
that, with proper business management.
such an establishment would pay well. No
definite plan for operating the mill has
yet been presented, however. The cir
cumstances are such that something in
the nature of a co-operative company
seems tne most feasible, and. it a man
who thoroughly understands the business
can be selected. It is probable that the
plant will be operated to work its way out
of debt.
Otto F. Olsen. an electrician working for
the Portland General Electric Company,
slipped while oiling some machinery in the
cast side power-house this afternoon, and
fell upon a dynamo. His right arm was
severely burned., but it will not be perma
nently disabled.
m
HOTEL ARRIVALS.
THE PORTLAND.
G H Burton S F F C Stettler Daytn
W C Breckinridge IA P Ray Cleveland
Hamilton Can H M Peyser S F
F O'Donnell Berkly 'C Laurer & w Eugn
C J E rarker Chgo j J P Volmer Volmer
Mrs S Bowden do M J Green City
Miss G Bowden do B Sutherland Mlnap
J A Lacy S F IE A Hutchins do
C R Cooper Omaha I W M Parker Gd Fks
M I Hollander Chg i G W Knee St Paul
C H Beers & w do IMC Johnson Pueblo
W E Fuller do IG S Maffzinger do
H M Herman & w R M Hurd Seattle
Spokane W S Davis Tacoma
S E Grove Oakland G W Dorman St PI
J R McKlnney !B S Davis Mlnapolis
New Whatcom 1
Oeeldcntal Hotel. Seattle.
Rates reduced from $3 50 to $2 per day.
flOGOBE WAS SPILLED
BUT
THE SEARS-aTGIXX BATTLE
CREATED A SEXSATIOX.
A Variety of Stories About the Great
Conflict As It Appeared From
Several Points of View.
The street fight Tuesday night between
State Senator McGinn and Sheriff Sears
was an agitating topic of conversation
yesterday. No similar incident had ex
cited so much conversation since the cele
brated encounter between Governor Fen
noyer and James O'Meara, many years
ago. Comments on the episode were vari
ous, and a great many people offered a
variety of personal reminiscence about
their exact whereabouts and their Impres
sions when the sensational incident oc
curred; while those few who were fortu-
As Mr. Sears Thinks It Was.
nate enough to have seen the thrilling epi
sode were centers of attraction; indeed,
were heroes as much envied and admired
ns Tom Sawyer and Huck Finn, after they
got back from the celebrated .drowning
adventure. Grand Army men refreshed
their memories of famous battles and told
anew stories of carnage and bloodshed on
many a gory field. Students of history re
vived stories of the deadly encounter be
tween Aaron Burr and Alexander Ham
ilton, and the no-less noteworthy meeting
between Abraham Lincoln and James
Shields; while those inclined to biblical lore
made mention of the justly celebrated duel
between David and Gollah, which, they
added, apologetically, was hardly a paral
lel, because it was not fought according
to modern ring tactics. There was consid
erable talk about the international en
counter between Heenan andSayres, which
was determined with the effusion of con
siderable gore, but without powder and
shot. It resembled the Portland meeting
In the one gratifying respect that no lives
were lost. The battle between Sullivan
and Kilraln was also reviewed; and one
man attempted to give his personal experi
ences on the cold, chilly, clammy morning
when Mr. Dempsey broke Mr. Campbell's
nose; but his remarks were promptly ex
punged from the record, as they opened
old wounds in the pockets of those nu
merous persons who had staked their all
on the Portland gent.
There was some inquiry into the rights
and prerogatives of state senators and
sheriffs to meet in deadly combat on the
street in public, and it was argued, on the
ono hand, that a member of the legisla
ture makes and unmakes laws, and it is
lT5
As Many Declare It "Was.
folly to attempt to render him amenable
to their operation; and it was pointed out
that the members of legislature are ex
empt from civil processes during the ses
sion of the legislature, and by analogy, it
was claimed that he ought to have privi
leges to use his good right arm in public
that, of course, common, every-day, ordi
nary citizens could not expect to possess.
On the other hand, It was claimed that the
sheriff Is the chief peace officer of the
county, and on his shoulders rest, the dig
nity and order and safety of over 100,000
souls or, rather, persons, Including Chi
nese and Indians not taxed. The enforce
ment of the law rests in his hands, and to
that end a very large gun Is allowed to re
pose in his pocket. The sheriff is the em
bodiment of public peace, and is, in fact.
The law itself; so. If there is a little irreg
ularity in the discharge of that high func
tion, it is but a. manifestation of the irreg
ularity of the law, and so nobody is to
blame. Besides, who so mighty as to dare
place the sheriff under arrest? The chief
of police? Mr. Mmto doubtless feels that
professional delicacy forbids him. The
coroner? The coroner Is in some cases the
sheriffs understudy, but in this case there
were no corpses. Manifestly, the sheriff
can't arrest himself, and it would not be
in accord with police ethics to have any
hireling deputy or uniformed understrap
per perform tnat ungrateful service. So
the whole matter Is in very perplexing
shape, and nobody seems to know just
what to do or how to do it; though, to be
sure, quite a large percentage of the com
mon, unofficial herd are bold and unrea
sonable enough to say they know what
ought to be done.
The gayety of nations was somewhat
enhanced yesterday when Mr. Sears' of
ficial organ, in giving a highly-graphic
Searsesque account of the terrific fray,
added the following:
"Although Sheriff Sears used his revol
ver to strike with, and would probably
have felt more pleased had he been given
the chance to deal a few more blows, he
had not the slightest intention of using
the weapon in any other way. Upon be-
1 lng asked why he did not use his fists, the
m7"ry' v-
M
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wm i1
vr ww r
U V 16hM
WKk -rn
lVVW VA i!fe V fe&
" tKv5Mtfr
I As Everybody ICnovr.s It Wasn't
sheriff replied that he would not lay his
hands on the man."
Mr. McGinn no doubt felt relieved when,
after a sleepless night, he arose yester
day morning and was authoritatively in
formedIf he was informed that Mr.
Sears intentions were comparatively pa
cific and altogether praiseworthy. Next
time the humane and gentle sheriff draws
a pistol on Mr. McGinn, the senator no
doubt profoundly hopes that hostilities
will be suspended until it can be ascer
tained beyond any shadow of reasonable
doubt what end of the weapon he intends
to use. It will prevent misunderstandings
and hard feelings afterward. Besides, in
the mournful event the weapon had been
accidentally discharged, and Mr. McGinn
had been obliged to turn up his No. 10
toes to the daisies, it would have been
very comforting to him to reflect as he
entered the jasper gates that his friend,
Mr. Sears, didn't know It was loaded.
WHY NO ARRESTS WERE MADE.
It is understood that no arrests were
made because none of the officers saw any
blows struck, and the theory is that the
sheriff had his gun out merely to examine
it.
Senator McGinn was seen yesterday
walking jauntily down Stark street. The
only visible signs of his encounter were
a scratch over the eye and a bruise over
the left ear. When asked about the af
fair, he said:
'Sheriff Sears acted like a madman.
He seemed to have no control over him
self, either for defense or offense. I had
to take hold of him to keep him from
hurting himself. He was as weak as a
kitten, and danced about flourishing his
arms like a windmill. He was trembling
and shaking all over, and, had he tried
to shoot me, he would have hit anybody
to the right or lett or behind him, but
I couldn't have been safer. There was
nothing In the story that I offered to
shake hands with him, nothing at all.
I was on my -way down the street to
get a Turkish bath, when he came out
of the entrance to the Worcester build
ing and stopped me, saying:
" 'Well, you sneaked that bill through
on me, didn't you. No man would have
done that no man but a sneak.'
"When he called me a sneak I slapped
him." He stumbled into the street and
drew his revolver and tried to hit me
with it. I knocked it out of his hand
and held him to keep the poor man from
hurting himself until the officers sepa
rated us. Sears seemed somewhat scared,
as he said to the officers:
" 'Don't let him hit me; keep him off.'
"I wouldn't have hurt him for the
world. He could do nothing, and I really
pitied him. I was very much surprised
to see him go all to pieces In that fashion.
I thought him quite a different man.
But I suppose he was feeling pretty bad
and thought I was at the bottom of his
troubles, poor fellow."
Sheriff Sears did not lose his trusty
revolver, as some thought. Somebody
picked It up after It had been knocked
from the sheriffs hand, and had carried
It Into the pawnshop close by, where
Mr. Sears afterwards secured It, without
Interest. Among those who claim to have
an intimate knowledge of the proper
method of handling a gun, the sheriff
has been criticised for his awkwardness
In using his weapon. Had he desired to
use it as a club, they say, he should have
grasped it by the barrel near the end;
instead, he held it by the middle, which,
perhaps, accounts for Mr. McGinn's es
cape from serious injury. It is explained,
however, that the sheriff did not wish to
use it as a club, but merely to give extra
weight to his fist in punishing his ad
versary. But the sheriff is criticised most
severely for having used his weapon at
all. Being a peace officer, they say his
revolver should have been drawn only
when necessary in the performance of his
duty.
Up to the hour of going to press there
was no further breaking out of hostilities.
AMUSEMENTS.
"Captain Trift" a. Great Success.
The genuine merit of "Captain Swift,"
as presented by Giffen & Neill's stock
company, could not be better demonstrat
ed than by the large and appreciative au
dience that witnessed the production at
the Marquam Grand last evening. The
story told In the drama Is full of interest,
yet not so Intricate as to be tiresome. Each
one of the eleven performers is an accom
plished actor, who is not only perfectly at
home on the stage, but has so thoroughly
familiarized himself with the requirements
of dramatic art that the character in
which he is cast becomes a part of him
self, and his impersonation therefore be
comes realistic. Add to this a well-managed
stage, accurate and pretty stage set
tings, and an orchestra that Is in harmony
with the scene presented to the eye, and
the whole combination becomes a joy to
the theater-goers. There is nothing shod
dy about this stock company, and it must
only be seen to be appreciated.
This evening will be Multnomah Athletic
Club night, and about 150 Multnomah men
will attend In a body. Managers Heilig
fy Lesster expect to make these special
nights a feature, and their efforts so far
have met with the most gratifying suc
cess. "Captain Swift" will be on all week,
with matinee Saturday.
Minstrels at Cordray's.
The next attraction at Cordray's thea
ter, commencing next. Friday evening, for
three nights and a Saturday matinee, will
be Mahara's mammoth minstrels. An ex
change says: "W. A. Mahara's Mammoth
Colored Minstrels, notwithstanding the
weather, succeeded in attracting a full
house last evening. Nearly every seat
was occupied, and the old building was
frequently made to tremble as if an earth
quake had-struck it from the long and
loud encores the performers received. We
don't know the day when we have en
joyed such a hearty laugh. The audience
was kept n an uproar of laughter from
beginning .to end, and there will be more
than one mad housewife today when they
discover all the buttons off their hus
bands' pantaloons and vests."
At the Horse Show.
There were over 3000 people at Professor
Oleason's horse show last night, and they
laughed until their sides ached over a little
incident that was not down on tne pro
gramme. Among the five vicious horses
that were introduced were two wild bron
chos, the kind that cowboys tell of. As the
professor was about to operate on the
wildest of the two, a man on one of the
front rows was heard to remark that he
would as soon ride that horse as eat a
turkey dinner. The professor overheard
him, and offered him $10 If he could saddle
and ride the broncho. The man promptly
accepted the challenge, and, divesting him
self of coat and hat, went at the horse in
approved cowboy style, first lassoing the
animal, throwing him down, then putting
on a blinder, saddled him, mounted, and,
despite the tremendous bucking of the
broncho, succeeded in riding him. Upon
Inquiry, the rider proved to be J. B.
Haynes, otherwise known as "Texas Joe,"
late of Buffalo Bill's Wild West show.
Tonight at the Exposition building, the
professor will handle six horses, two of
them thoroughbred runners, three wild
bronchos, and one vicious runaway. The
cowboy will doubtless be on hand.
Mnrqnam Grand Lectures.
Professor N. N. Rlddell, Ph. D., the dis
tinguished scientific lecturer and reform
er, has arranged for a series of lectures
on the scientific evidence of Christianity,
the science of the soul, why God made a
devil, heaven and hell, the fallacies and
superstitions of the age, and other sub
jects of importance to all persons who
are not sure of the foundation on which
they are building their hopes. He will
begin his lectures in the Marquam Grand
Sunday evening. March 3. Professor Rld
dell is a clear, analytical reasoner, a
rapid, intense speaker, who never fails
to entertain, inspire and Instruct his
auditors.
V. Adel Burdick, executrix of the estate
of William H. Burdick, deceased, has ful
filled her trust, and has been discharged
by the county court.
DIGEST OF THE LAWS
PASSED BY THE EIGHTEEXTH BI
EXXIAL SESSIOX.
Fifty-Three Senate Bill and Forty
Five House Bills "Wont to the
Governor for Approval.
Ninety-eight bills, 53 originating in the
senate and 45 in the house, passed both
houses of the legislature and went to the
governor. A synopsis of each Is printed
below. Nearly all of them have been print-
ed in The Oregonian before, and of such
as have been so printed enough is said to
enable readers to recognize them. Others,
never before printed, are given in more
complete form. In numerical order, the
bills passed were as follows:
Senate Bills.
2. Repealing jute mill act.
7. Preventing title to streets and public
property of cities and towns and county
roads being lost by the statute of limita
tions, by enacting that title shall not be
extinguished by adverse possession, no
matter how long continued.
A Authorizing mayors and other officers
of municipal corporations to bid in prop
erty at tax sales.
13. Fixing the age of consent of females
in rape cases at 16 years.
14. Exempting county roads from taxa
tion. 23. Providing for the assignment and
satisfaction of mortgages.
24. Providing that judgment debtors
may redeem property one year after con
firmation of sale.
2S. Defining felony to be a crime which
is punishable with death or by imprison
ment in the state penitentiary. When a
crime punishable by imprisonment in the
penitentiary is also punishable by a fine
or imprisonment in the county jail, in the
discretion of the court, it shall be deemed
a misdemeanor for all purposes, after a
judgment imposing a punishment other
than imprisonment in the penitentiary.
31. Prescribing method of discharging
attachments.
33. Providing that attachments may be
sworn out where mortgages or other
pledges have been given, but have been
rendered nugatory by act of defendant.
37. Authorizing Astoria to build a bridse
across Young's bay.
41. Per diem and mileage of legislature,
$40,000.
45. Creating ninth judicial district.
5L Hlllsboro charter.
60. Creating eighth judicial district
CI. Allowing county courts to improve
roads by planking or laying puncheon.
63. Regulating railway traffic between
the dalles and Celllo. This is the much
contested measure of Senator Smith of
Sherman, and provides that when any
company shall complete the necessary
wharves and sidings for the transfer of
freight around the dalles of the Columbia
over the O. R. & N. tracks, the O. R. &
N. Company shall receive and transfer the
freight at rates not to exceed certain mini
mum rates, set out in the bill and pub
lished in The Oregonian of February 25.
70. State militia code. The amended bill
of Senator Gowan, a digest of which has
been printed in The Oregonian. It is a
complete code for the Oregon National
Guard, and is soon to be published in
pamphlet form.
74. Authorizing the domestic animal
commission to apply the "tuberculin"" test
to cattle in supposed cases of tuberculosis.
79. Requiring building and loan associa
tions to deposit securities with the secre
tary of state or trust companies, and to
make statements of their affairs to the
secreta-y of state, and punishing failure to
do so by fines. Officers selling stock of
companies without deposits as security
may be fined $100 to $500, or imprisoned
from 10 days to six months, or both. Fail
ure to furnish statements is punishable by
a fine of $25 a day during delinquency.
84. Requiring executors and administra
tors to report to county court in April and
October of each year.
85. Baker City charter.
87. McMlnnvllle charter.
99. Appropriating $5000 for the relief of
Iva Templeton, of Linn county.
100. Cornelius charter.
103. Burns charter.
112. Requiring the superintendent of the
insane asylum to report to county courts
the discharge or death of patients.
113. Making streets and alleys public
highways.
115. Fossil charter.
135. Authorizing acquisition of rights
of way for logging roads, skid roads, etc.
154. Limiting liabilities of stockholders
in corporations to amount of their unpaid
stock.
156. Eastern Oregon branch asylum.
16L Fixing salaries of county clerks as
follows: Baker $1500, one deputy $900;
Benton, $1800; Clackamas. $1800; Clatsop,
$2000; Columbia, $1S00; Coos, $1200; Crook,
$1800; Curry, $1000; Douglas $2500, first
deputy $1200, second deputy 5S00; Gilliam,
$1500; Grant $2400, one deputy $1200; Har
ney $2400, one deputy $1000; Jackson $2000,
one deputy $1000; Josephine, $1200; Klam
ath, $1800; Lake, $1S00; Lane. $2000; Linn,
$2000; Malheur $1800, one deputy, $900;
Marion $2500, deputies $1800; Morrow $2400,
one deputy $1000; Polk, $1600; Sherman,
$1200; Tillamook $1600, one deputy $600;
Umatilla, $2000; Union, $1800; Wallowa,
$1500; Wasco, $2000; Washington $2200. one
deputy $809; Yamhill $1800, one deputy
$600. Multnomah county, clerk of county
court $3500, one deputy at $1800, and such
others as county court may allow at such
salaries not exceeding $1200 as county
court may allow; Multnomah county,
clerk of circuit court, $3300, one deputy at
$1S00, others as county court may allow
and fix salaries not to exceed $1200 a year.
Fixing salaries of county recorders as
follows: Baker, $1300; Benton, $1000;
Clackamas, $1500; Clatsop, $2000; Jackson,
$1400; Linn, $1S00; Marlon $1200, deputies.
$780; Umatilla, $1800; Union $1500, one
deputy $800; Washington $1500, one deputy,
$600; Yamhill $1400, one deputy $600; Mult
nomah $3500, one deputy $1500, others as
allowed by county court not exceeding
$1200 salary. Fixing salaries of sheriffs:
Baker $2000, first deputy $1200, second dep
uty $900; Benton, $2000; Clackamas, $2000;
Clatsop, $2000; Columbia, $1500; Coos, $2000;
Crook. $2500; Curry, $1200; Douglas $2300,
one deputy $1000; Gilliam, $2000: Grant
$2400, one deputy $1200; Harney $2400, one
deputy $1000; Jackson $2300, one deputy
$1300; Josephine, $1500; Klamath. $2500;
Lake, $2500; Lane, $2000; Linn, $2000; Mal
heur $2000, one deputy $1000; Marion $3000,
deputies $2500; Morrow $2400, one deputy
$1000; Polk $1600, one deputy $600; Sherman,
$1S00; Tillamook $1500, one deputy $600;
Umatilla, $2500; Union $2o00, first deputy
$1200, second deputy $900; Wallowa, $2000;
Wasco, $2600: Washington $2500, one dep
uty $800; Yamhill $2000, one deputy $600;
Multnomah county $4500, one deputy $1800,
others as county court to allow, salaries
not to exceed $1200 a year. Fees, rewards,
board of prisoners, etc., as now. "Pro
vided, that in counties of more than 50,
000 inhabitants the county court of such
county shall have the right to advertise
for bids for the board of prisoners, and
to allow the contract for the board of
such prisoners, to the lowest responsible
bidder, and If any responsible bidder,
other than the sheriffs, have received the
contract from the county for the board
Bread and cake raised with
ycVyidrlU5 Powder
keep their freshness and flavor.
CkrcLtsd Bekiz PjsxHr Co., ifirw
of prisoners, the sheriffs in such counties
shall receive no compensation for the
board of such prisoners, but the same
must be given to such lowest bidder, and
in such case the sheriff shall afford all
facilities to such person or persons for
carrying out his contract with the county
for the board of such prisoners. Provided,
further, that in counties of more than
50,000 inhabitants the fees now paid by the
state for transporting and conveying con
victs to the state penitentiary, and insane
and idiotic persons to the state asylum,
when conveyed by such sheriff in pursu
ance of the adjudication of any authorized
tribunal of the state, shall be paid into
the county treasury of such county, and
the sheriff so conveying such convict.
J insane or idiotic person shall only be
entitled to receive the actual expenses
incurred by him from such county when
the said expenses shall have been audited
and allowed as other claims are audited
and allowed against the county, and in no
case shall the sheriff in such counties of
more than 50,000 inhabitants be allowed
to receive any compensation from the
state whatever for the transportation or
conveying of such convicts, insane or
idiotic persons, but all fees now allowed
by law and paid by the state for such
services shall be paid into the county
treasury of such county; provided, fur
ther, also, that In counties containing
more than 50,000 inhabitants the sheriff
shall be enUtled to receive all mileage
for serving process or papers. In civil
cases, but shall not receive any mileage
In criminal cases whatever, or on execu
tions in civil or criminal cases." The act
goes into effect at once.
162. Creating sixth judicial district.
166. Amending Lincoln county enabling
act.
169. Punishing for killing songbirds or
molesting their eggs or nests by $5 to
$100 fine, to be worked out in default of
its payment at the rate of $1 a day.
182. Florence charter.
183. Albany charter.
186. Asylum sewerage appropriation of
$15,000.
192. Dallas charter.
195. Changing time for meeting of sol
diers' home board to the fourth Tuesday
of March, June, September and Decem
ber. 197. Preventing sale of unwholesome
food, etc.; vetoed.
201. Regulating the practice of medi
cine, providing for a state board of medi
cal examiners consisting of three allo
paths, one eclectic and one homeopathist,
to be appointed by the governor, and enu
merating offenses which shall work revo
cation of license to practice.
213. Protecting fish and game. This is
wholly a sportsman's measure, similar to
the present game law, and provides for
the appointment by the governor of a fish
and game protector with $2000 salary and
$500 expenses yearly. The close season
for elk, moose and mountain sheep Is put
from December 1 to August 1. Spotted
fawn may be killed at no time; deer at
no time unless used or sold for food.
Close season for grouse, pheasants, etc.,
December 1 to September 1. Denny pheas
ant at no time East of the Cascades;
birds may be killed between October 15
and November 15. Cold storage is pro
hibited in close seapons. Sink boxes,
flashlights, blinds, etc., are prohibited.
Dams must have fishways. Fines are
from $25 to $200, and in case of non
payment they may be liquidated by im
prisonment at the rate of $2 a day. Half
of the net incomes from fines after costs
are deducted go to informers. No men
tion is made of the salmon Industry.
220. Establishing boundary between
Wasco and Multnomah counties.
222. Brownsville charter.
226. Amending the ballot law by pro
viding that a candidate's name may ap
pear in only one place on the ballot,
however many parties may have Indorsed
him, and with description of party limited
to three words. The voter is to mark at
the left of the name he wants to vote for,
instead of as now, scratching out the
others.
229. Authorizing the formation of ir
rigation districts, by county courts upon
vote of voters in proposed district. Taxes
are assessed upon the property of the
districts, and a board is created to dis
burse the funds. The bill has been printed
in The Oregonian, and has been approved
by the governor.
231. Dundee charter.
233. Oregon City charter.
237. Authorizing a vote in Coos county
at the next general election on the ques
tion of relocation of the county seat.
211. Athena charter.
241. Authorizing Lane county to operate
free ferries.
Honse Bills.
2. Amending the act creating the state
board of horticulture, giving it new pow
ers and appropriating $9000 for the ensu
ing two years.
14. Authorizing sheriffs to charge 10
cents a mile mileage instead of expenses,
except in Multnomah, Jackson, Lane and
Wallowa counties, and requiring monthly
statements to be filed by sheriffs as to
deputies employed.
16. Corvallis charter.
18. Gold Hill charter.
24. Woodburn charter.
27. Protecting fish in Wallowa county.
40. Protecting salmon in Rogue and
other rivers.
41. Authorizing Portland school district
to borrow money.
42. Authorizing the formation of diking
districts, similar to road districts-. Pe
titions for dikes will be acted upon by
the county court, which appoints viewers
and assesses benefits and damages a3
with roads. The office of county super
intendent of diking is created. This act
is of interest in Clatsop county, which
is probably the only county in the state
needing its provisions.
43. Creating a pharmacy board of five
members, to be appointed by the govern
or, and enacting conditions of pharmaceu
tical registration: enacting a list of pois
ons unlawful to be sold unless so marked
and the sale recorded In a registry book.
Violation of these provisions makes the
owner of the offending pharmacy amen
able to $10 to $100 fine. Dispensing without
license is punishable by $50, and costs at
the first offense, and $100 at the second.
It is made the district attorney's duty
to look after the enforcement of the law
and prosecute offenders.
53. Taxing insurance companies: For
filing power of attorney, $5; for each fire
insurance company, $50; life, $100; life and
accident, $100; excepting benevolent orders;
examination of books of company or as
sociation, the expenses of the examina
tion; fines and penalties to go to the
school fund; 60 per cent of licenses to go
to the general fund; 40 per cent of fees
to go to the insurance commissioner.
March 1 all fire, life, accident, plate-glass
and steam-boiler insurance companies are
to furnish sworn statements of gross re
ceipts and upon these, less returned pre
miums and losses, 2 per cent tax is to
be collected, and be in lieu of other taxes
on personal property of the companies,
including shares of stock. There is also
a fee of $5 for filing the annual state
ment, and the tax may be collected by
distraint. This bill Is expected to raise
$40,000 a year revenue. It is the only rev
enue bill passed by the legislature.
64. Lieu land act. This is the cele
brated bill of Representative Daly so
much was said about. Printed February
10.
92. Fixing the salaries of county treas-
Yeri, Sutcitwr fa Cteslani Ersihtru
urers as follows: Baker, $600; Berii
$500t Clackamas. $10CO; Clatsop. S0O0, Cc
urobia, 5500; Coos, $600; Curry, $400; Crool
$400; Douglas. $1000; Gilliam. $250; Grant
$S00; Harney. $700; Jackson, $00; Josephine.
$400; Klamath. $400; Lake, $400; Lane,
Linn. $1000; Lincoln, $100; Marion. $12&i
Malheur, $600; Multnomah, $2000; Morrowl
$500; Polk, $750; Sherman. $200; Tillamoo
$250; Umatilla, $SO0; Union. $700; Wasco?
$800. Washington. $600; Wallowa. $250;
Yamhill, $600, and county judge of Lincoln
county, $600.
116. Canyon City charter.
122. Corvnllis charter.
126. Creating liens on horses for shoe
ing. The lien follows the horse into the
hands of purchasers. It takes precedence
of mortgages, bills of sale, and the animal
may be sold as with other lien laws.
130. Changing the name of East Cot
tage Grove to Lemati.
131. Prairie City charter.
142. Astoria charter.
169. Legalizing Astoria water bonds is
sued in 1S33. v
176. Mount Angel charter.
228. Giving Multnomah county a county
auditor, with salary to be fixed by the
county court, not to exceed $2100 a year.
229. Fixing salaries of justices of cities
of 50,000 Inhabitants at $2000 a year. Fees
go into the county treasury. No office
rent is allowed, but the county court may
furnish blanks and stationery. Constables
receive $1500 and no fees. Taking effect
July, 1S96. Printed February 27.
213. Independence charter.
249. Ashland charter.
25L Prohibiting minors from going into
places of evil resort and fining corpora
tions $100 for sending them there. A
clause in the original bill "except by writ
ten consent of parents or guardians" waa
stricken out by amendment.
254. Ashland charter.
2S3. Forest Grove charter.
290. Hubbard charter.
317 Oakland charter.
321 Authorizing the governor to lease,
by contract, convict labor at not less than
35 cents a day. Nothing is said about the
sugar industry.
325 Taking St. John's out of Portland.
342 Fixing times of circuit terms in tha
first judicial district.
3 18 Ashland charter.
350 Sheridan charter.
351 Dalles City charter.
35S Harrisburg charter.
300 Portland bridge bill. Printed Feb
ruary 17.
3S4 Burns charter.
373 Creating office of lumber surveyor;
in Lane county.
3S0 Legalizing Governor Pennoyer's re
mission in the Arrington case.
3SI Roseburg charter.
3S2 General appropriation bill.
3S3 Amending Portland charter. The
water committee of the city of Portland
is "directed to take charge of thesi.
of waterworks known as the East
waterworks, and shall maintain and ope1
ate the same, and shall as soon as prac
ticable after the passage of this act
connect said waterworks with the Bull
Run system of water of said city of Port
land. Said committee shall have the sole
management, supervision and control of
the said East Side waterworks, and shall
collect the water rateo and revenue de
rived from hte same and pay the expenses
of such maintenance and operation as
herein provided for. The committee shall
pay the expense of maintaining and oper
ating the system of waterworks created
and provided for by and under the act
of 1S85, and the acts supplementary there
to, and for repairs and extension of mains
to the entire system, together with inter
est on the oonded indebtedness created
thereby and authorized to the extent of
$3,200,000, and out of any surplus shall
reimburse the city of Portland to the ex
tent of $15,000, to meet the Interest on
$250,000 of the bonds, known as the East
Side water bonds, which bonds were as
sumed by the city of Portland under the
act consolidating the cities of Portland,
East Portland and Albina." The act goea
into effect at once.
3S4 Legalizing Portland city hall bond3.
m
Mrs. Louisa R. Robie, a granddaughter
of General Stark, now 85 years of age, is
living in Manchester. N. H. She is in ex
cellent hearth, and is in full possession of
all, her faculties.
AMPSEMEXTS.
MARQUAM GRAND OPERA-HOUSE
HeillK & Lesster Lessees and Managers
WEEK OP FEB. 25 (SATURDAY MATINEE),
First Appearance Here of
"GRIFFEN & 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 73c: dress circle.
35c and 50c; gallery, 25c; boxes, $5.
CORDRAY'S THEATER
JOHN F. CORDRAY
......... .Manager
THREE NIGHTS AND SATURDAY MATINEE
Commencing Friday eve., March 1.
Fifth Season of Prosperity.
W. A. Mahara's Mammoth Colored Operatic
MINSTRELS!
MINSTRELS!
Grand Gorgeous, Elevated. Flower First Fart.
30 Colored Artists. More exciting than a cir
cus. OUR Blackbird Eand Is unequaled.
OUR Pickaninny Drum Corps.
OUR Challenge Band of Drum Majors.
OUR Wonderful Street Parade at Noon.
A show for ladies, gentlemen and children.
No extra charge: prices as usual. All the pupils
of the public schools will be admitted for 10c.
Saturday matinee.
MARQUAM GRAND OPERA-HOUSE
Heilig & Lesster Lessees and Managers
SUNDAY EVENING. MARCH 3. SCIENTIFIC
LECTURE ON
"THE WORLD'S REDEMPTION,""
By Professor N. N. Riddle, Ph. D.. celebrated
lecturer and autnor oi scienuuc religion.
Admission. 25c.
PROFESSOR GLEASON
Remains in Portland Ave days more only by
request, and will give his
MARVELOUS EXHIBITIONS DAILY.
In order that every man, woman and child may
be able to attend this
GREAT AND INSTRUCTIVE SHOW.
TONIGHT AT EXPOSITION HALL AT S:15
O'CLOCK.
Prices to suit all. Admission: 3000
only 10c: 2000 seats, only 20 cents.
Grand band concert 7:30 to 8:15.
seats.
Should Have It in The House.
Dropped on Sugar, Children Xove
THZXJC OF IT.
In use over 40 YEARS in one family.
Dr. I. S. Jonvsoi & Co. It Is sixty Tears since I flri
learned of jour Jonxsox's Axodtxk Lucdtest; for more
than forty iraral hare used It in my family. 1 regard
it a ono of the be?t and safest family remedies that can
be found, ued internal or external, in all rase. O. IL
I.NGALLb, Deacon 2nd Baptist Church, Bangor, Me.
Every Sufferer aSaMS:
tous Headache, Diphtheria,Couehs. Catarrh, BronchltK
Asthma, Cholera Morbus, Diarrhoea, Lameness. Soreness
in Bodv or Limbs, Stiff Joints or Strains, will find ia
this old Anodyne relief and spsefly cure. Famphles
free. Sold everrwhere. Price 35 cts., by mall. 6 bottles.
Express paid, 82. J. b. JOHNSON fc CO.. Bosiojr, JU33.
TKc HO 4-DAY eunt r.f
tar uosorrscrs, oirri, Liescorratra ua ?jrcrmHXTEXE5
50 PAL.V. SO STAIK. FEES 8TIUXOB. .
Pttitali Stricture amd all Prhrto DIm&sm of both icxts
At DmssUU r " t "7 tMrrst, for 31.00.
"Injection llalydor la 'THE BEST' of all iiailar
renedln. BE. HEXBY EEXY, BMIeford, lie
MaljdorMfE. Co.. Lancaster, O., U.S.A
HUMPHREYS7
SPECIFIC No. 28
In n S8 jimm. Te only saeemfal remedy fr
Nervous Debility, Vita! Weakness,
an-; PnMitrtlon,fr.MT orr-worS or otter can. Jlpr
TU,oriTlIndUn Tll powder, for Si.
Solil by PrnizUU, or sent postpaid on receipt of priee.
t n-'j,iiuTS'Sjr.D.co..Junsiriuj-uBSu.!rwjrt.
IveryWotheb
1