Morning Oregonian., January 10, 1900, Page 8, Image 8

THE MORNING- OEEGONIAN, WEDNESDAY, JANUARY 10, 1900.
EGINNING WORK ON A NEW BUILDING
Good Samaritan Hospital Management , Erect at Once One
AVing of a Magnificen;StVructure.
Good Samaritan hospital Is destined to
bo a different looking edifice from tho
familiar building now bearing that name
in Portland. Plans have been completed
for an imposing structure, of large dimen
sions, airy and modern, the initial work
on -which will commence shortly. Whije
the plans for the new hospital are com
plete, work on all parts will not be in
stituted at once. Three sections, or wings,
have been laid out, each of which will oe
constructed at a time, as the building
fund justifies the enterprise. "Work on
the west wing is soon to begin, and must
be finished so that patients can occupy the
place by August of this year. Follow
ing its completion the other two sections
will bo taken up -as fast as contributions
to the building fund enable the manage
ment to go ahead.
Of ie two blocks owned by the hospital
association, only one will be used for
building purposes. This space will De
fully occupied by the edifice and courts.
While the ground plan gives the structure
the form of a square, it will, In effect, bo
open on one side, as the space fronting
Lovejoy street will be crossed by a low
colonnade, covered with glass, to be useo.
in disagreeable -weather by patients as a
promenade. The entire center will bejs
large court, to be used as a flower gar
den. In front of the colonnade will be a
narrower front court, and at the north
side of the administration building, or
wing, will be another. The east and west
-wings will be three stories and a hlgn
basement, equal to about a half story,
-while the administration building, or north
wing, will be four stories.
L. ,B. Cox, .of, the hospital board ana
chairman of the committee in charge of
the improvement, states that In all tne
work contemplated advantage Is to be ta
ken of the latest and finest improvements
of hospitals of the large cities of Amer
ica. The architects are Whldden .& Lewis.
Mr. Whidden has twice visited the East
Inspecting the famous institutions of Chi
cago,' New York, Boston, Philadelphia,
Baltimore and Montreal, besides the new
Southern Pacific hospital In San Francisco.
Every convenience found In these hospi
tals will be adapted to the new Good Sa
maritan, so far as possible. The general
plan is now complete, but whatever con
tributes to the essential comfort and use
fulness of the structure that may be dis
covered will be considered.
In undertaking work on the new hospital,
the old onG will not be abandoned. "When
one portion of the new Is ready to substi
tute for the old, the change will be made,
eo that the capacity will not be dimin
ished. "With the completion of the west
wtog, now being commenced, the hospital
wiii accommodate 70 more patients than
now. In this manner there will be a graa
ual substitution, actually Increasing tha
capacity after the first part is completed,
and in no way impeding the work of car
ing for sick.
C. H. Lewis Memorial.
A large section of the wing soon to
start up will be known as the C H. Lewis
memorial. This -will be the south end of
the wing, or the extreme southwest corner
of the new structure -when, finished. It
will be erected with the $20,000 donation
made to the management by Mrs. C H.
Lewis, in memory of her husband, who al
ways took an active and Important part in
supporting the hospital. The project illus
trates the main feature of the plan for
a new structure. Rooms and wards, or
even sections, will be dedicated to the
memory of those who will contribute the
sum specified. For a ward tho amount
has been set at $5000, and for a private
room $1000. The Lewis memorial consists
of approximately a third, of an entire wing.
A neat marble tablet will be placed in the
apartment, suitably Inscribed, indicating
the donor whose name the memorial per
petuates. In this manner the donations
are not fragmentary, and yet the sum
given stands as clearly to the credit of the
philanthropic person lending his aid to
a worthy Institution as if he were the
sole contributor. Already several persona
have contributed in this manner, and ar
rangements are complete for granting
them their due recognition. Many other
persons have signified their intention of
aiding the hospital with memorial dona
tions, who will be heard from, doubtless,
during the construction of the other two
wings.
Will Cost ?200,000.
The .completed building, It is estimated
now, will cost approximately $200,000. No
part will be undertaken until tho board
of management is able to pay for it As
there are funds on hand now for only one
wing, of which amount Mrs. Lewis con
tributed $20,000, it will be seen that prog
ress on the new building depends upon the
generosity of residents of the city who
are interested in the care of sick. In the
Lewis memorial there will be 10 private
rooms, and space for 20 patients in wards.
In the entire wing there will be private
rooms and wards enough to care for 70
patients in addition to those now accom
modated in this portion of the hospital.
Interior Arrangement.
All of the lower floor will be devoted
to private rooms, while the two upper
stories will be used for wards. The single
rooms will be made larger and more con
venient than are ordinarily found In a hos
pital. In the wards the space allotted to
oaph patient will also be greater. Toilets,
baths, etc, will be arranged on the firs:
floor for all patients occupying rooms.
Sunlight will be in every apartment of the
building, ward or room. Heating and ven
tilation will be on the most approi ed plans
of medical science. In selecting these the
experience of all the large hospitals of
the East have been carefully considered.
The details have not been figured out, but
the general plan has been decided upon
by the architects.
The east and tho west wings will be tho
paTt of the building used exclusively for
patients. The north -wing, known as the
adminstiratlon building, will be used for
offices and living apartments for officials
and attendants. This will have an open
ing on Marshall street, and also out Into
the central court on its immediate south.
Through each wing and joining either end
ot the colonnade, will extend long corri
dors, thus making a complete circuit of
the building without being exposed In any
maanerlo the air. This is intended as a
promenade, as well as a means of com
munication between rooms. That part of
the round through the colonnade will be
light as a lawn, but without the bitter
ness of cold air when it is necessary to
dose the glass casings.
The two circular ways observed from
the Marshall-street side of the hospital
are entrances for carriages, whereby pa
tients or visitors may step from their ve
hicle Into the building. The open space be
tween the two drives Is the north lawn,
which will be beautified both with the idea
of adorning the grounds and also fresh
ening the atmosphere with garden plants.
The central court will be devoted to the
same objocts, but on a far more elaborate
soale. This will be converted into a most
inviting flower garden. On the front the
court there will be a counterpart of that
on the north side.
No T7sclesi Ornamentation.
In building the new Good Samaritan hos
pital, there will be no efforts to filigree
or lavishness. Brick will be the material
used, and the exterior will be plain, neat
cad substantial. Aside from the preten
tious outline of the structure, and the at
tractive colonnade now contemplated for
the front when the building Is finally com
pleted, everything will be on the quiet,
restful order. Of course, tho management
is now unable to predict when all will be
completed. They hope it will not be long
after the west wing. A systematic effort
will be continued to keep philanthropic
people interested, that the picture of half
brick, half wood, which will bs presented
after August next, will not mar a sight
tat should be eminently pleasing, such
as the completed hospital should be.
Since Bight Eeverend B. "Wistar Mor
ris, Episcopal bishop of the diocese of Ore
gon, clambered through the brush and
woods to a four and one-quarter-acre tract
of land purchased In the northwestern part
of Portland for a hospital site, there have
been many changes In Portland. He was
criticised then for getting out of the city,
out into the woodE, for that was 1874. Ho
laughed yesterday In recalling the trip
when he and a friend tore their clothing
trying to find some of the corner stakes.
A street-car goes Tattling by every few
minutes now, and houses sxtend much fur
ther Into the then wilderness beyond the
hospital than It was In 1874 beyond the
business center. Between that date and
the present, many changes have been made
In the Good Samaritan hospital as well as
Portland. It has been scrambling along up
the hill of progress, pressed about as haf d
to keep up with the city's growth as the
bishop was In 1874 to find the corner stakes.
A little extract from, the annual report
made by Bishop Morris, in 1874, may be of
interest now.
Hospital and Orphanage.
"Thft hiBtorv of this undertaking is so
( weE known to you1 .that I need hardly de-
talhgyou witn a rBVisw ol ic nercijour
kand quarter acres of ground Have been
purchased in the northwestern 'part of the
city for the sum of 52800, on which $1500
has been palL Generous .abatements in
the contract price on the part of the own
ers, Dr. Glisan and Captain Flanders, was
a most Important aid in Its purchase. On
Ascension day, May 14, 1874, I laid the
corner-stone of a large building, which is
now under roof and will soon be entirely
enclosed and ready for inside finishing.
The building so far completed will cost
about $5000. Towards this amount $1943
has been contributed by the citizens of
Portland and other parts of the diocese,
the remainder coming from the missionary
funds in tho hands of the bishop. There
are no funds In hand at present for the
completion of the building. "When once the
plumbing Is done and arrangements for
supply of water are made. It win not re
quire more than $1000 to make the hospital
ready for the admission of patients. An
organization called the Good Samaritan
Association has been formed to aid in the
management and administration of the
hospital, to which we shall look for effi
cient aid all along. I cordially commend
the association to all the members of tho
diocese, and trust that they will share in
its labors."
The building was finally completed In
1875, as first contemplated. Later It was
enlarged, making the total cost approxi
mately $25,000. About 18S0 the dimensions
were again Increased until the total cost
was $SO,O00, since when many minor ad
ditions have been made. At the com
mencement the institution was called a
hospital and orphanage. Later the orphan
age apartment was changed into a wom
en's ward, and still later, when more ad
ditions were made, general work, on tho
ordinary hospital plans, was conducted.
Reading the last report of the hospital
will show how Its work bas enlarged, and
the wide scope covered. Patients of every
nationality visiting this port -were cared
for, and among the sick there was just
as great a diversity of creed or religion.
Present Endovrments.
Following Is a list of the present endow
ments of the hospital, exclusive of the
funds for building purposes to be used
in the present work:
S. Morris "Wain memorial bed fund.$3500 00
Grace Charlotte Stark memor'l bed
fund . 3000 00
Hv Rodney Morris memorial bed
fund 2673 00
Mary and Lewis Flanders memo
rial bed fund 3250 00
George C. Morris memor'l bed fund 3000 00
Caroline Couch memorial bed fund 3CO0 00
Ellen "Wain memorial bed fund.... 3000 00
Queen Victoria jubilee bed fund 3250 00
British consulate bed fund 2500 00
Philadelphia bed fund 3000 00
Strangers' bed fund 3000 00
Arthur "William Morris memorial
bed fund , 3000 00
Maria E. Blanchard memorial bed
fund 3500 00
Children's Christmas cot fund 3250 00
Trinity church free bed fund 3000 00
Henry Whlteaker bequest 191133
Masonic free bed fund 391 10
Nurses' home-building fund 5603 14
R. Glisan fund 1000 00
Mother's bed endowm't fund (Lam
son) 225 40
Mother's bed endowm't fund (The
Laura A. McGill memorial) 200 03
Child's comfort cot fund 3000 00
Hamilton-Brooke memor'l bed fund 3026 70
Hospital resident chaplain fund.... 55 47
Sinking fund (cottages) 2S44 11
Altar fund 22 70
Seller-Loewengart fund 78 08
King Oscar II jubilee bed fund 42 53
Queen Victoria diamond jubilee bed
fund 3500 00
C. H. Hall fund..., 1166 50
Child's comfort cot No. 3... '.. 16S 03
Margaret L. Llndsley bequest 2250 00
FUNERAL OF A PIONEER.
Deceased Minister Was a California
Arson ant.
The funeral of the late Rev. R. P. Bu
key, a California argonaut of '49, took
place yesterday afternoon, from the home
of his niece, Mrs. A. Farley, 547 East Fif
teenth street south. At the house an
appropriate service was conductod by the
Rev. R. D. Streyffeller, pastor of the Me
morial Evangelical church, East Eight
eenth street, and at the close the remains
were buried In Multnomah cemetery. Tho
deceased was bora In Virginia in 1S23,
and was educated for the Methodist min
istry. For some time he engaged In that
work in Kansas, but in 1819, when a young
man of 26 years, he caught the California
gold fever that swept over the country
and started so many toward tho Golden
Gate. He reached there in safety, and
endured all the hardships Incident to that
period when many lost their lives while
in the pursuit of gold. -After spending
two years In California, during which he
enjoyed all the ups and downs, he con
cluded that he had enough experience and
gold, when he decided to return to Vir
ginia. He was married on his return
home, and then he and his bride returned
to California, where they made their
home. Mr. Bukey then entered the active
work of the ministry In the United Breth
ren church. Up to five years ago ho
occupied a prominent place in that de
nomination. He served the churches of
Los Angeles, Pasadena, and other promi
nent cities of that state. Five years ago
bis health and old age caused him to re
tire from the active ministry. Ho came
to Portland, and 6lnce then had been
making his homo- with his sifter, Mrs.
Sarah Eddy, and niece, Mrs. A. Farley.
Those Who were acquainted with him en
tertained for him. a high regard. The
record of his life is unspotted, and he
came to the sunset of his life In peace,
welcoming the end. His sickness was
the result of a severe cold contracted 11
weeks ago. His wife died In California
several years ago.
Boys Tempting1 Fate.
A lot of boys have been making a prac
tice of jumping on moving passenger cars
at the lower depot on the Southern Pacific
railway and riding south as far as Haw
thorne avenue, when they get off. They
swing underneath the coaches, between
the front and rear trucks, where they
have an exceedingly narrow perch, and
how some of them have escaped being
Icilled cannot be explained. Last even
ing, one boy about 15 years old, as he
swung loese from the car, did not get
from under tho car, and only saved him
self from a fearful death by swiftly roll
ing out of the way. As it was, one foot
was struck by a carwheel and pushed to
one side. Those who saw the incident
held their breath and looked In another
direction, expecting that the boy would
be crushed to death. By the time the
trains reach Hawthorne avenue they are
traveling very fast, and to jump off safe
ly from the steps of the, platform requires,
a good deal of practice, but to swing out
from under a car is like tempting- fate.
A boy had his foot crushed off at East
Washington Btreet about a year ago, and
another boy sustained a similar in
jury at the lower switching yards, and
both are crippled for life. But such small
matters as these do not deter othors ac
quiring that sort of proficiency that strict
ly belongs to the tramp fraternity.
Inspector Hnrlburt Home.
T. M. Hurlburt, inspector of government
surveys, has just arrived from "Wyoming
and is visiting with his family on the
East Side. Mr. Hurlburt has been away
the greater portion of the past two years on
this business, but gets a little time to come
home for a few weeks' stay. Most of his
time is spent beyond the confines of civili
zation, and as far off from the railways
as it Is now possible to get. His latest
work was In "Wyoming In the "Jackson
Hole" district, not far from the Yellow
stone Park. He had some papers to certi
fy, but It was 150 miles to the nearest no
tary, and he let them go until he came
Ollf. MV TT?lT'1KltTf "trrlll amtn n4- Iama
about a month, making out his report
ana taking time to get acquainted with
his family and old friends.
To Build Up General Relief Fund.
At the regular meeting of Gilbert camp,
No 4, Monday night, In the Ross halj,
on Union "avenue, some matters of Jm-
FRONT
portance were transacted. Several new
members were admitted. The camp start
ed the initial movement for a general re
lief fund among the four Second Oregon
camps in Multnomah county by declaring
it to be the sense of the camp that the
kind donation of "Webfoot camp, No. 65,
Woodmen of the World, of $50, be applied ;
to that end. The camp also passed a vote
of thanks for the donation and the kindly
interest that prompted it. There was the
best of feeling manifested among the
members, and the general wish Is to pro
mote the spirit of fraternity among the
veterans.
Fell From Second-Story Window.
George Johnson, a colored man, well
known on the East Side, is recovering
from the effects of a severe accident that
happened a few days ago, while he was
cleaning windows at George Thatcher's
new home, on East Weidler and East
Ninth streets. He fell from a window I
opening out on the roof, to the ground,
a distance of about 20 feet. He had One
foot Inside and the other outside, when, '
leaning too far outward, he slipped and t
plunged downward, striking the ground .
on his back. He was badly shaken up,
but fortunately escaped serious Injury.
He is able to be on the street, but feels a
little sore. 4 ,
East Side Notes.
Dr. E. B. Smith, a prominent surgeon
and medical writer, of Detroit. Mich., is
visiting in the city, a guest of Dr. A. W.
Moore, on the East Side. Dr. Smith has
a number of acquaintances in Portland.
He will be In the city for several days.
Orient lodge, No. 17, I. O. O. F., will 1
have a jubilee meeting this evening at its
hall, on Grand avenue and East Pine
street. It is mainly In honor of what
it has accomplished the past year and
also as a reunion. It will be attended by
Odd Fellows and their invited guests.
The Sunnyside Republican Club has de-
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'6oop Samaritan .MospixalPla op FirstJFi-ooh.
GROUND PLAN
(This general outline of the
elded to have a gathering on the evening
of February 3, to which the members will
invite their friends. This will be 'just
before the meeting of the state republi
can league. The club has one of the best
organizations in the city and knows how
to entertain its friends.
Mrs. Minnie Patterson Is very ill at St.
Vincent's hospital, having underg6ne an
other serious operation. Her health has
been very poor for several months, but
her friends hope with the rest and good
care she is receiving at the hospital to
soon see her fully restored to health.
c-o
Uo mother should overlook eo good a ekln cure
eo Greve's Ointment. Every home needs it.
Parker's Hair Balsem aids the hair growth.
CARING FOR CHILDREN
YEAR'S WORK OF BOYS AND GIRLS'
AID S00B3TY.
Need of a State Home for Feeble
Blinded Children Number of
"Waifs Cared For.
The regular monthly meeting of tho
board of trustees and ladles' advisory
board of the Boys' and Girls' Aid Society ;
was held yesterday In the chamber of
Judge Gilbert, of the Unfted States court.
There were present Judge Gilbert, A. H.
Breyman, F. E. Beach, L. L. Hawkins,
Dr. T. L. Eliot, Mrs. "W. A. Buchanan,
Mrs. Levi "White and Mrs. C. R. Temple
ton, also Superintendent Gardner.
The report of Superintendent Gardner
was read for the month of December,
1899, and also the report of children re
ceived and disposed of for tho year ending
December 31, 1899.
Current bills for the month of Decem
ber, amounting to $325 40, were read and
ordered paid. Tho matter of persons whose
children have been taken from them by
duo process of law for cause, attempting
to harass the society by habeas corpus
proceedings, was discussed, and the opin
ion of the members ofc.the board, who are
ELEfVATION OF ADMINISTRATION
hlgh up In the legal profession, was shared
by the other members, that an order of
court, when once made after due hearing
and the lapse of time allowed for appeal,
could not be set aside. Attorney A. F.
Flegel's kindness in assisting Superinten
dent Gardner In legal matters was much
appreciated.
Mrs. C. R. Templeton, secretary of the
ladies' advisory board, reported matters
at the Home In good condition.
Superintendent's Report.
Tho superintendent's report for the
month of December, 1S99, was as follows:
To the Honorable Board of Trustees
and. Ladies Advisory Board of the Boys'
and Girls' Aid Society The month of
December is the ending of one of the
most satisfactory years since the organi
zation of this society.
A large amount of work has been done,
much larger than any year previous, and
I believe the work is appreciated by every
county In the state. Considering that there
is no asylum for feeble-minded children in
the state of Oregon, we are lucky In get
ting as few sent to us as we do, but In
all cases I have found the counties who
committed them are willing to make other
provisions as soon as they are notified.
There are but two feeble-minded children
under our care at this time, and they were
committed from Klamath county. I am,
however, in correspondence with the coun
ty judge, and efforts will be made to place
them In tho home for feeble-minded at
Vancouver In the near future. Speaking
of feeble-minded children, it would bo
well to mention that an asylum for such
is greatly needed in the state of Oregon,
and also a nonsectarlan industrial school
for girls, where girls .who have fallen
from the paths of virtue can be placed un
der good influence, taught housework and
other branches of industry calculated to
make a woman self-supporting.
I -find that we have received during the
past year into our Home 351 children; 150
of whom were children returned or re
called for replacement, and 201 were en-
-L.OVEJtY
Street
OF THE PROPOSED NEW GOOD SAMARITAN HOSPITAL. ""?
hospital is correct, but there will be some changes in matters of Interior detail.)
tlrely new case3. Of this number, 72 were
received from outside counties. The man
ner In which these children are committed
Is by order of court, and all that is neces
sary for the county committing such chil
dren is to send them by the sheriff or his
deputy, who receives a receipt for them.
The counties pay the expenses of placing
the children .In our Home, the same as
cases committed to the reform school.
As seen by the tabulated report annexed,
we have placed out in homes, 350 children
during the past year, which is an average
of 29 per month, and the average number
at the Home for each day during the year
has been 25.
It is well known by every child-placing
organization, that nine-tenths of the chil
dren received into the Home, whether thoy
are voluntarily relinquished by their par
ents or rescued from vicious surroundings,
are in no condition to be placed In families
until they have received a little training,
and the temporary home or depot fur
nishes this requisite and enables us to be
come acquainted with their dispositions,
and by so doing we are enabled to place
them more suitably, and the chances of
their being returned are less than they
would be were we not previously some
what acquainted with their character. In
a home where children are received and
placed at an average of 29 per month, the
work of those In charge is enormous, and
can only bo appreciated by those who have
had actual experience in It. A privato
home being found for them. It becomes
necessary to again see to their wardrobe
and provide them with a respectable
amount of clothing while on trial; If they
prove suitable and are kept In their place,
the work of the society has only begun,
for the strictest attention must be paid to
their condition and treatment until they
become of age.
Cases for Custody.
In addition to other things, we have
had many cases brought by myself In
the different courts of the state for the
custody of abused or neglected children,
and I am glad to say that legislation in
this state is so far ahead of some older
states that In proceeding against vicious
parents we are enabled to deprive them
of the custody of their children, and I trust
that there will be more needed legislation
WING.
in this line, so that the managers of child
saving institutions may not be put to so
much expense and trouble by parents
whose every act tends to bring trouble
to their unfortunate offspring.
Police Officer.
I am pleased to be able to report that
after due consideration of the matter, the
honorable board of police commissioners
of this city have seen fit still to allow U3
the services of our police officer, and I
i sincerely nope ana trust mat we snail
have no further trouble in that direction In
the future, as there Is no doubt that these
gentlemen consider the work of this officer
of great Importance to the city of Port
land; In this opinion, I feel certain they
i are joined by the best people of our city.
I The chief of police always endeavored to
I assist this work all In his power, and I
' feel sure the matter of keeping our polico
officer meets with tho general approval of
this board.
Children Received and Placed.
Following is the report of children re
ceived and disposed of for the year 1899;
Received January, 25; February, 33;
"MnrMi ' Anrll. 2l! "MViv. 35; Jimfl. 22:
July, 22; August, 34; September, 25; Octo
ber, 30; November, 42; December, 29; total,
351.
I Placed January, 20; February, 34;
j March, 30; April, 27; May, 28; June, IS;
July, 23; August, 30; September, 27; Octo
ber, 39; November, 54; December, 22; total,
350.
Recapitulation On hand, January 1, 1S99,
30; received during the year, 351; total,
381. Placed during the year, 350; on hand
January 1, 1900, 31; average number of chil
dren In the Home each day during tho
year, 35; total number of children found
homes for during the year 1899, 350, or an
average of 29 per month.
The children received during the year 1S93
from the several counties, are as follows:
Baker, 3; Clackamas, 6; Columbia, 1;
Douglas, 4; Jackson, 1; Lincoln, 2; Morrow,
5; Umatilla, 2; Washington, 3; Benton, 3;
s
Scale J&incms ITocJt,
Clatsop, 7; Coos, 1; CMlHam, lr Lane, 10;
Marlon, 12; Multnomah, 129; Wasco, B.
Total new cases, 201; children returned for
replacement, 150; grand total of children
received during the year, 351; average, 29
per month.
Washington's Masonic Resralla.
The regalia worn by Washington as a
Mason is owned in Goodland, Kan. it
consists of an apron and baldric, and Is
the property of Mr. J. T. Smith, wno
has lived in Goodland a number of years.
He received the regalia by Inheritance
from an ancestor, who got it from John
Bobin MacDonald, to whom It was pre
sented by Washington himself.
IN THE SEVERAL COURTS
APPEAL CANNOT BE TAKEN FROM
POLICE COURT.
So Jnd&e George Decided Yesterday
Several Decisions Try Judge
CI eland.
Judge George decided yesterday that
there can be no appeal for a new trial
from a judgment on a trial In the muni
cipal court under a city ordinance, there
being no statute nor constitutional provi
sion In Oregon whereby appellants can
bring such an appeal. This opinion was
held to conform to decisions formerly ren
dered by the Oregon supreme court.
The new city charter is silent upon the
subject, but the former charter mentions
that there shall be appeals. The city au
thorities, therefore, have contended that
city cases may only be reviewed In tho
circuit court as to the regularity of the
proceedings In the municipal court, cor
recting only errora of law.
Attorneys Bernstein and Cohen, to have
tho point decided, raised the question in
two Chinese cases.
Section 9 of the Oregon state consti
tution reads: "All judicial power, author
ity, and jurisdiction, not vested by thi3
constitution, in some other court, shall
belong to the circuit courts, and they
shall have appellate jurisdiction and su
pervisory control over the county court,
and all other Inferior courts, officers and
tribunals."
Counsel argued that this section grants
a constitutional right of appeal which a
person cannot be deprived of. The attor
neys asserted that tha constitutional ques
tion had never been raised In any of tho
cases presented In the supreme court of
this state.
The following section of the code was
also alleged to Insure the right of appeal:
"Where jurisdiction Is by the organic
law of this state or by this code or any
other statute conferred on a court or ju
dicial officer, all the means to carry it Into
effect are also given, and In the exercise
of the jurisdiction. If the course of pro
ceeding be not specifically pointed out
by the code, any suitable process, or
mode of proceeding may be adopted which
may appear most conformable to tho spir
it of the code."
Judge George said:
"Our supreme court, commenting on this
law, says in Aiken vs. Aiken (12 Or., 208),
'There need, therefore, be no failure of
justice under the jurisprudence of this
state In consequence of the mode of pro
ceeding pointed out being Inadequate to
afford a remedy In any particular case
as any remedy in such a case may be
adopted conformable to the spirit of the
code.'
"In Snow vs. Reed (14 Or., 344). Judge
Thayer, speaking for the court, said: 'The
several circuit courts of tho state have
under the constitution supervisory con
trol over officers and tribunals of that
character and should exercise this when
ever necessary to keep them within the
line of their duty, or to correct such acta
done outside thereof as substantially In
jure parties. In other words, the argu
ment for the appellant In this case In a
nutshell Is this: 'Our constitution con
fers appellate jurisdiction on this court
over Inferior courts. An appellant In a
cause tried below wants to appeal. No
mode or manner has been pointed out; but
our statute (Sec. 940) has provided that
where jurisdiction Is given by our organic
law all the means Is thereby granted
whereby the circuit court may exercise
Its jurisdiction as an appellate court over
hl3 cause.'
"This, at first glance, may seem sound,
but on closer view is only plausible at
best, and on application of all the author
ities Is found to be unsound law. If the
words giving appellate jurisdiction to
courts be construed to not giv& Individual
litigants any right to appeal then neither
the provisions of section 940 nor any In
herent power of a circuit court could aid
an appellant."
"The whole contention turns on tho
meaning given to the words 'appellant
jurisdiction over Inferior courts.
"This court 13 clearly of the opinion,
especially under the authorities, that our
constitution gives no right of appeal to
an Individual litigant. No construction
giving such a right of appeal has ever
been placed even on the federal consti
tution where the clause conferring appel
late jurisdiction relates especially to cer
tain enumerated causes, and where with
much more force and reason It could be
urged that a litigant in such a cause has
the right of appeal. The United States
courts, have invariably held that no ap
peal for a trial do novo can Uo unless
congress has enacted a law giving it,
They have uniformly held that the right
of appeal comes from the statute and
not from the constitution. And in the
several states even, with constitutions
reading similar to ours, it seems to be
generally, indeed we might almost say
universally, held, that language, such as
ours, does not give tho right of appeal
unless some statute confers 1U
"The present contention grows out of
construction of the meaning of the con
stitutional words. Language of this
kind In the state constitution, giving cer
tain courts appellate jurisdiction 13 gen
erally construed simply as defining the
kind of jurisdiction and not as measur
ing its quantum. That It Is not In itself
so much a grant of power as it Is a de
scription of the kind of court It shall
be, as, for Instance, whether It shall be
a court of original or appellate jurisdic
tion or Jboth. In other words, that It is
merely telling what kind of court it may
be in which the practice must still be reg
ulated by laws enacted, rather than a
self-executing constitutional right vested
in individuals to have their cases retried
on appeal. That is, that It shall be a
court of appellate jurisdiction over all
inferior courts that may ever be estab
lished to which parties In suits where the
law allows an appeal from lower courts
can have such appeals heard and read
judicated. In other words, there seems
to be an important distinction between
the meaning and construction of the words
In constitutions that speak of 'appellate
jurisdiction' of courts and those that
speak of 'right of appeal.' In the one
Instance there is a definition of the court
and which relates to courts only, and
in the other there is a constitutional rec
ognition of a 'right of appeal applying
to individual litigants. And on reflec
tion the distinction and construction must
he conceded to be strong and sound. The
mere saying that the circuit courts shall
be appellate courts having jurisdiction
over all inferior courts does not in Itself
say that every litigant In any court be
low shall be given the right to appeal his
case to such court having appellate pow
ers and requiring It to take up Its time
retrying every case tried below, however
petty the cause. The law enacted by the
people In Its legislature, must first allow
Buch litigant a right of appeal when the
case has once been tried, before any ap
pellate court can acquire a special juris
diction over him and over his adversary
and over the cause that has been already
tried and adjudicated in another court."
Judgo George reviewed similar consti
tutions and cases passed upon in other
states, and also decisions of the Oregon
supreme court In a case where it was
held that no appeal existed unless con
ferred by statute, and another case that
unless the city charter expressly gave the
right of appeal from a decision under a
city ordinance, no such right existed.
Other decisions are referred to, and
Judge George, in conclusion, said:
"The supreme court must certainly be
presumed to have considered the ques
tions raised here, and at least silently
acquiesced in the construction so general
ly placed on similar clauses In other con
stitutions, and this court must follow
their decisions until our supremo coui
says otherwise.'
The plaintiffs will probably appeal fxol
this decision to the supreme court.
DECISIONS BY JUDGE SEARS.
Defense of Usnry Sustained Denti
Examiners Case.
Judgo Sears yesterday, in, tho suit
W. C. Lewis against J. C McGrew a
George P. Lent, to recover $1000 on
notes, sustained a. defease of usury, ovo:
ruling tho demurrer of the plaintiff to i.
defendants' answer.
The answer recites that between
years 1889 and 1S95 the plaintiff turned ov
to the defendants divera sums of mon
to lend for him, they being in tho bus
ness of lending money as brokers.
the defendants state they did, exactin
from the borrowers, besides the legal I:
terest, other Interest under the name
bonus or brokerage, and It 13 alleged th
Lewis, as his share of tha bonus, receive
from the defendants ?4S3. Lent and M
Grew aver that they unfortunately
two bad loans of $500 each to B. E. Cha
man and H. Grelle, from whom thoy su
ceeded. In collecting more or less lnteres
which plaintiff received, but could r
realize upon tho principal. In May, ISC
Lewis. It Is alleged, threatened to ma
trouble about thesa two loans, and thl
defendants, to straighten the matter ou
gave him their Individual notes for $&
each, which ore now sued upon. Lent A
McGrew plead usury, on tha ground th;
their notes take the place of other note
which were usurious, and therefore com
under the same head, and also that the;
were only the agents of Lewis, and novo
got hl3 money for their own use, and th
their notes are without consideration.
Judge Sears decided both points In fovo
of the defendants, that tho notes aro usui
nous and without consideration.
Judge Thayer, lately deceased, one
wrote a strong opinion that would upao
this defense of usury, but It strange!;
happened that the "dissenting- opinion'
was given by Justice Lord and Waldoi
Formerly, the district attorney always in
tervened In a usury case, but after Jadir
Thayer's decision this practice ceaseJ
Lawyers for this reason seemed to tak
Judge Thayer's decision for tho law, bu
such 13 not the case; for, while they ar
recorded as "dissenting" opinions, thos
of Judges Lord and Waldo must lay dowii
the law, because they constitute a major
Ity of the court. Judgo Sears also re
viewed Massachusetts and New York d
cl3ions, by which, in addition to that o
the dl33entlng majority of the supreme
court of Oregon, he was obliged to over
rule the demurrer.
Other Decisions.
M. J. MacMahon was allowed to beccm
a party plaintiff In the damage suit o
Katie Rlsbrlck against the city of PortJ
land. The city council recently settVd th
case through Attorney Spencer for the
plaintiff. MacMahon set up a wrlttci
contract with plaintiff a3 her attorney, hi
to receive one-half of what might be rJ
covered at a trial or a compromise. II
also ask3 for hl3 expenses. Altogether h
claim against tho city will amount tj
about $100.
A new trial was denied In the damagd
suit of Nina 3D. Wood against Dr. Harlo-v
B. Drake. The court said If a patienl
goes on the witness stand and testifies Ir
her own case against a physician, shii
warves the statutory right of professional
secrecy.
In the case of H. S. Glle et al. V3. Just-j
Ice Kraemer et al.. sale confirmed. Ju ',d
Sears held that a sale on an old esesu Jed
was valid.
DENTAL CASE.
Jndsre Sears Will Allow Examiners
Large Discretion.
The questions submitted to Dr. F.
Bryant by the Oregon state board of den-i
tal examiners are to be submitted lr
court, with the answers. In order to d 3-!
close if Bryant passed a satisfactory ex-f
amlnation, and should be allowed to prac-
tlce dentistry In this state, or If C
board maliciously shut him out. Ju'jd
sears so hold yesterday. The court n
marked that the court would not trerl
upon the prerogatives of the dental b6ard
The court could not reverse the'r de
cision except upon clear and positive o'i
dence of abuse of discretion. Largo e" -J
cretlon was necessarily lodged In 3uch
board, and the court would not lnter'er
with It. The court could not and W3u!J
not convert Itself into a dental col'cgJ
nor attempt to decide a3 to tho best iran-i
ner of filling teeth, but it would permit c
the examination of Bryant being subr,'t
ted to the court, merely to discover wh-thj
er there had been a positive, palpable or
Inequitable abuse of the board's dlsrrei
tion. Unless tho evidence disclosed tr'3i
the decision of the dental board wou'J
stand.
The board decided that Bryant did rcl
obtain 70 per cent at the examination, a"
only about 50 per cent, and that he d' :
not pass. The examination was in wri:
Ing. and the papers will show for them-j
selves.
Land and a Fishnet.
In tho suit of Mark Miles against Pctot
Covacevlch, to recover for services reni
dered, Judge Sears decided In favor of
the plaintiff to the amount of 5107. The
two men had a verbal agreement, by tr-
terms of which the defendant was to pajf
plaintiff by giving him a piece of fcr:j
and $100 when another piece or lanu was
sold, and also to glv plalntitr. a fishnet
The terms of the settlement were redueeJ
to writing and mention of the fishnet w:
omitted. Judge Seara decided from ths
evidence that it was plain Peter Intend
to give tho fishnet to Mark as part pay--
ment of wages earned, ana naa not done
so. The value of the fishnet wa3 found
to be $107.
No Picnic, No Money.
Judge George was engaged yesterday Ini
hearing the trial of the suit of K. H.B
Horman against the Society Christopher
Columbo, to recover $105 for music to bol
furnished for a picnic m the summer o
1S99. The picnic never came off. because!
It rained every Sunday on which it was ar-f
ranged to hold It, but Horman want3 hlal
pay notwithstanding. He testified thatl
he and hl3 mon turned out threo different!
times, ready to play, and he demands JCjI
for each occasion. The defense was that!
It was a case of no picnic, no money.
Probate Matters.
Mary L. Sauve, executrix of tho estate
of Maria Flora Oberle, deceased, filed
claim against the estate for $1850, repr
sented by notes.
A. C. Spencer wa3 discharged a3 guard-
Ian of Solomon W. Fisher, who was od-i
judged able to care for his own property
In future.
Lena Collins has petitioned tho count
court for an order requiring the executor
of the estate of Anriie yoo3, deceased, tc
distribute the estate.
Conrt Notes.
Judge Cake left for Baker City last!
evening, and will return Saturday.
Judge Frazer, yesterday, In the suit ofa
Mary Couch et al. vs. the City of Pert
land, Involving the collection of an as
sessment for a street Improvement inl
North Portland, denied the petition to dJ-
miss the writ of review.
A judgment In favor of the defendant
was rendered by Judge Seara yesterday.
the suit of Western Contract Compa-.j
vs. T. L. Ray et al., for possession of flva
acres of land at Woodstock. There Is
suit In equity pending over the same
matter.
Articles of incorporation of the Acme
Dredge & Pump Company wero filed lr
the county clerk's office yesterday. Thoi
incorporators ore C. W. Bralnard, H. CJ
Nicolal and W. S. Chapman; capital stock,!
$6000. Tho objects are to operate drclc
and pumps for mininsr and other purpo3cs.
TO CURB LA GRIPPE IN TWO DAYS
Take IaxatlY Broma Quinine Tablets. All dratM
gists refund tha money if It falls to cure. . w.
urove's signaturo is on acn box. c