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THE MORNING- OREGONIAN, THURSDAY, JANUARY 18; 1900.
IARS0R BUIKHEAD
Not (Necessary Now, but it May
"
Come in Time.
OTHER IMPROVEMENTS FIRST
Portland's Prime Xeeds Are Deep
Channels to the Sea and a
Suitable Drydock.
Property-owners and exporters have of
late given consideration to the practic
ability of building a bulkhead or seawall
as a further protection to Portland's har
bor. It Is the opinion in -well-informed
quarters that an improvement of this char
acter will ultimately be necessary, but the
project Is not Indorsed as a present neces
sity. Portland requires many things more
important than a seawall. The almost
general opinion Is that the ehannels to the
aea should first be permanently deepened
oefore thought should be given to any
plan to protect river banks by means of
a seawall or bulkhead. "If our shipping
should be shut out," said President Mc
Craken, of the Port of Portland commis
sion in an article published in The Ore
gonlan last fall, "we might as well give
up hope of Delng a city of the first class.
If it should come to pass that the products
of this country ehould be denied an outlet
through the Columbia river, a serious
problem would confront the entire coun
try." No project of ultimate improvement
will turn the people of Portland from their
determination to have deep channel to the
sea.
To test public sentiment in regard to
a seawall or bulkhead, The Oregonian has
collected the opinions of a number of per
sons interested in river improvement Sev
eral whose views were sought declined to
make statements, for the reason that they
Iiad not given the subject sufficient inves
tigation.
Captain J. A. Brown, of Brown & Mc
Cabe, the oldtlme stevedores, is decidedly
opposed to present consideration of a proj
ect for a seawall or a bulkhead. "The
prime needs of Portland," said Captain
Brown yesterday, "are a 30-foot channel to
Astoria and a 40-foot ohannel at the mouth
of the Columbia. -Next in importance Is
a drydock. People have no idea of how
badly Portland needs a drydock. Some
shipowners prefer to send their vessels to
ports which have drydocks and take less
for carrying a cargo rather than fiend
them to Portland where there is no dry
dock. "When we get the deep channels
and the drydock, it will be plenty time to
talk about a bulkhead or seawall."
Keep the Channel Open.
"I do not see how there can be two
opinions on this matter of preventing
dredged material from finding its way
back into the river." said Captain "W. C
L-angfltt, United States engineers. "Un
doubtedly, it is better that dredged mate
rial should be so placed that it cannot
return to the river again when the cir
cumstances are such that the cost of so
doing is not prohibitive.
"Every yard of dredged material so
placed and every foot of caving bank that
Is protected so that further caving is pre
vented, Is a distinct gain. In fact, If we
had a river which, throughout its extent,
possessed banks and bottom that were
stable and not eroded, or, in other words,
if the stream were nonsedlment-bearlng,
its improvement would be much simpli
fied. "It should be the aim of all persons in
terested in the river, or owning property
abutting thereon, to do all In their power
to" obtain the ideal slate suggested, and
this throughout the whole extent of the
main river and tributaries.
"In any particular case of dredging,
the course to pursue must, be decided by
local circumstances."
Captain Pope Favors It.
Captain George Pope said:
"I have long ago advocated an improve
ment like a bulkhead or seawall. No well
regulated harbor deserving of the name
can, well be without It, whether that har
bor is on a bay, an estuary or a river.
Our waterfront is the most wretched por
tion of our city. A quarter of a century
ago, when Portland was a mere village,
our wharves were built in a higgledy-piggledy
manner. Each property-owner laid
out a wharf line for himself, and trusted
to chance to have it rectified. The result
was tfcat we have the moot unsightly
wharf line to be found anywhere. I men
tion this merely to draw attention to the
fact that by the construction of a seawall
the beauty of our already lovely city would
toe enhanced by remedying one of the
greatest defects.
"The necessity for this Improvement
must be patent to everyone capable of
rendering a reason, when I state that it is
my opinion that fully two-thirds of the
shoaling of the water along our wharves
is due to the detritus that is thrown into
the river for about six months of every
year by the very natural process of sur
face wash of our streets which lead to the
waterfront. It apears to me that the Port
of Portland dredge i very extensively
employed in keeping a sufficient depth of
water at the docks, and I have no doubt
that the commission, can give actual fig
ures as to the cost of this item, of expen
diture. I think, therefore, that the sea
wall for the harbor of Portland will event
ually be considered a necessity. If the
seawall is "built by a competent engineer,
and the ground behind it properly filled
from the obstruction in the harbor, we
shall have little trouble in future from
shallow water at the docks and in the
channel of the river.
"I now come to the question of taxa
tion for this improvement. The city of.
Portland depends, in a large measure, for
its welfare on its accessibility to the sea.
In order to handle the products of our In
land Empire and the "Willamette valley, we
must have an open river. For this purpose
the people of Portland liave created tha
Port of Portland commission, which l
charged with the duty of making a chan
nel and maintaining a depth of 25 feet
from Portland to the sea. Should tho
exigencies of the situation demand a deep
er channel, ways and means must be
found to procure it, and I venture to say
that it is quite within the range of engi
neering skill to do it I, therefore, think
that all that is necess&ry is to enlarge
the powers of this body and get to work,
for it clearly comes within the sphere of
its duty. As to the apportionment of the
cost of this improvement, it would seem
but fair that owners of abutting property
fehould be taxed for the betterment they
receive from the creation of It, but what
moiety they should be taxed for extra
ordinarily I am unable to say. If I may
venture a suggestion, I would say float
bonds for a long period, and let our chil
dren bear a portion of the burden that we
will have to carry for the present In
conclusion, I will say that I trust the work
will not be long delayed, for it Is high time
that Portland take 'tenf if she wants
to be in the race."
Docks n Public Benefit.
George Taylor, jr., president of the
Chamber of Commerce, said:
"I am hardly prepared, on short notice,
to give an opinion as to the proposed
harbor seawall. On general principles I
am, and always have been, opposed to the
deposit in the river of any debris or other,
matter that will help to shoal the channel.
I firmly believe that, after a dock-owner
has once deep water at his dock, the au
thorities (In this instance the Port of Port
land commission) should maintain the
requisite depth of water for all demands
of deep-water shipping. In the case of the
waterfront being owned by the state or the
city, there is no question that this would
be done, but in the case of the front being
owned by private Individuals, as it Is here,
I think that doclts, while they provide a"
proper inoome for their owners who have
erected them at considerable expense,
I should be looked upon as a public benefit,
because the enterprise of "building them
enables shipping to "be conducted in a man
ner that Is conducive to the-Tjenefit -of the
community."
Bulkhead Not Needed Jfovr.
J. CouehrFlanders said:
- "I have no decided opinion -one-way or
the other as to tho necessity of a bulk
head or seawall in this harbor. I do think
that dredging without-removing from the
river what has been excavated affords hut
temporary relief, and that the proper and
only permanent thing to do is to put
on land the material that has been taken
out of the river. I see very serious diffi
culties in the way of a bulkhead. The por
tion of the river where dredging must be
done extends from, say, the Alblna ferry
to the flouring mills. On the East Side
the river is now lined with wharves as far
down as Oceanic dock, baring scattered
places. On the West Side are located the
mills of the North Pacific Lumber Com
pany, Western Lumber Company, Eastern
Lumber Company, besides some scattered
ballast docks. To deposit under these such
material would be attended with much
expense, and no benefit to the wharf
owner, as far as I can see.
"Tho best method of dredging the harbor
Is quite a subject for consideration. The
Bowers dredge is the only means of plac
ing on land material excavated, but every
foot of pipe required makes the work cost
more. It Is difficult, except In the north
ern end of the work, to find places to de
posit the excavation, and my own opinion
Is that the most economical method to be
accepted would Te to use, -at the south
end, a clam-shell dredge, tow the material
in barges to some suitable dumping ground,
and there pump it on shore by means of
the Bowers dredge. Individually, I do not
see why property-owners should be com
pelled to pay for this. Incidentally, to
some extent, tney may De Denemeu, dui
the city, as a whole, Is the real gainer.
In the present state of the waterfront
I don't see how it Is possible to create a
system of bulkheads at an expense com
mensurate with the "benefit to be derived."
A Question for Engineers.
L. A. Lewis, of Allen & Lewis, said:
"The question of a bulkhead or seawall
is one that should be answered largely
by an engineer. I believe that all Improve
ments In the way of dredging the harbor,
etc, should be borne by the county, If no
aid can be obtained from the general
government or the state. I do not believe
individual property-owners should have to
pay, as they are not responsible for the
general filling up of the channel. If the
building of a bulkhead or seawall would
improve the value of the land adjoining
it, the property-owners should be charged
for the improvement If the county has
any land to reclaim, it, of course, should be
reclaimed. From my limited knowledge of
funds, etc., available, it seems to me at
present the proper course to pursue is
dredging from time to time as" obstruc
tions come up."
Bulkhead Not Necessary."
Theodore B. "Wilcox said:
"I was not aware that the question of
building a seawall and bulkhead had been
raised. It certainly Is not necessary or
advlsahle. and I see no occasion for a dis
cussion' on trie subject."
Fill IJp the Low Lands.
Charles E. Ladd said:
"I have not given the subject of a sea
wall or bulkhead much thought, but from
casual observation it would seem to me
that at the present time a bulkhead Is
not required. I, for one, am not suffi
ciently Informed as to now much of the
material dredged out of the harbor and
placed on the shore is washed back Into the
harbor, and until we can get sufficient'
data. It would seem to me quite unwise
to raise this question. With the low lands
lying adjacent to the harbor, especially
at the north end of the town, it would seem
as if the material dredged from the harbor
should be placed on these and thus obvi
ate any of it returning to the river. "While,
of course, these low lands may be covered
with water at times, yet it is at such sea
sons when there is comparatively" little
current in the Willamette river."
DAILY CITY STATISTICS.
Real Estate Transfers.
?W. H. Holder and wife to E Hollo
way, lots 1, 4, 5, block 3, Wyncoop
Villa; January 17 .....$1400
R. L. Durham, trustee, and R. B.
Curry, by R. L. Durham, his at
torney, to Annie Beers, W. Yt of
W. of SW. Ya of SW. Yi, section
14, T. 1 S., E. 3 E., excepting a strip
two rods wide off north side; Jan
uary 17 175
Thomas R. Turnbull to Nancy Turn
bull, undivided one-third of block
"W. of block 24, on the water front.
East Portland April 25, 1533 1
Thomas R. Turnbull to Nancy Turn
hull, lots 7, S, block 157, East Port
land; April 25, 1S99 1
Charlotte H. Schoepfel to A. S. Pat
tullo, N. lot 4, block 22, Alblna;
November 21 100
David Harkins et al. to Rachel Wln
chell, lot 5. block 9, Glencoe Park;
December 26, 1S99 ,.... . 375
C. B. Bennett and wife to Jennie M.
Powell, lot 4, block IS, Kinzei Park;
November 28 1
Louis Blumauer and F. M. Blumauer
to C. E. Bennett, same; October 28,
1S97 1
C. Christensen, N. Simmonsan and
Hans Larsen and wife to C. G. Fred
eriksen, lots 13. 14, block 26, Sunny
side; January 11 1
"W. M. Owen and wife to M. L. Keith,
lots 1. 2. 7. S, block 17, Tlbbetts' ad
dition: January 16 1400
C. C. Harlow to C. H. Light, lots 6,
S. block 18, First addition to Trout
dale; November 24, 1899 SI
R. L. Durham, trustee, and R. B.
Curry by R. L. Durham, his attor
ney, and W. M. Beers and wife to
C. Cleveland, parcel of land George
Schriver D. L. C; January 17 625
Deaths.
January 15 John Henry Karg, age 33
years; Sixteenth and North Front streets;
acute peritonitis.
January 14 Flora H. Krider, age 51
years; Good Samaritan hospital; perni
cious anaemia.
January 15 Albert L. Pulllam, age 33
years; Good Samaritan hospital; gunshot
wound of leg.
January 17 Melina Pearl "Van Leer, age
4 years; 1000 Macadam street; scarlet fe
ver. Mnrrlase Licenses.
James Boyd, aged 34; Jane Jones, aged
22 years.
Durand Whittle, 37; Mary E. Berry, 32.
Jacob H." Emmert,' 27? Marguerite A.
Menth, 2L
Births. C
January 12 Boy, to the wife of Harry
DImick, 292 East Eighth street
January 7 Boy, to the wife of Frank
Colllnson, 524 East Thirty-sixth street
a B
Smith Family nt Circle City.
A letter has just been received from
Circle City, December 5, by her father
from Mrs. Charles Smith, which contains
information pleasing to the friends of the
family on the East' Side. The family has
now been at Circle City for about a year,
and have become acclimated and recon
ciled to living there Even in that far
away place they have found much of In
terest in the way of diversion in public
meetings. There Is quite a social In
terest there. Mrs. Smith writes that they
are spending a pleasant winter. The days
are short and quickly pass. Mr. Smith
had just returned from a prospecting trip
which had taken three weeks, and Mrs.
Smith notes that he came back with ici
cles hanging to him six inches long. Mrs.
Smith is postmistress and Mr. Smith dep
uty collector at Circle City. The former
is very kindly remembered by Sumner
Relief Corps, of which she was a prom
inent member, and she, in her far-away
home, recalls the pleasant times she had
at the gatherings of the corps. It Is con
sidered probable that she and some others
of the family will come back here on
a visit next summer.
c
SMITH'S 'DANDRUFF POMADE
Never fails to stop itching scalp, cure dan
druff or stop falling hair. Try it Price
50c, at all druggists. Sample free. Ad
dress Smith Bros., Fresno, CaL
IN THE SEVERAL COURTS
STOCKHOLDERS OF LINNTON SMEL
TER ARE SUED.
Interesting Testimony in a. Divorce
Case Verdict for Mrs. Wager ,
Flannignii Jury Disagrees.
Yesterday Judge Cleland was engaged In
hearing evidence in the case of John Kier
nan, trustee, against T. Patterson, J. C.
Bayer. Julius Ordway. James Lotan.
George Pope, Ira B. Sturgls, A. E. Borth-J
w:ck, Joseph- N. Teal, executors of the
will of L. E. Wallace, deceased, and Will
iam M. Ladd, administrator of the estate
of A. H. Johnson, deceased, to compel the
defendants to pay their share of the in
debtedness of the Portland Smelting & Re-
nning works. ,
The only persons defending are J. C. '
TROPHY FOR THE SECOND OREGON REGIMENT, ON EXHIBITION IN FRONT OF GENERAL SUMMERS' STORE.
Portland beheld yesterday for the first time one of the ancient bronze cannon mounted in Manila at the time of the surrender of the
city to the American forces, August 13 last. The specimen to a small 0eld piece, muzzle-loading, mounted on a low, heavy carriage, and
has been selected by the chief ordnance officer of the Eighth army corps as the gun to be presented to the Second Oregon volunteers, that
the members may have badges made of metal from captured cannon. It attracted much attention during the day. especially -when Its
history and object m rortiand were known, itetooa in the otreet in rronit or General Bummers' store, to whom It was addressed by the
quartermaster officer at San Francisco.
General Summers will have the required metal for badses taken from the cannon by boring the caliber larffer, eo that the gun may be
preserved as an ornament for th monument to be 'erected to the memory of fallen volunteers. The present caliber is 3& Inches. Esti
mates made by the chief ordnance officer at Manila were that 119 pounds of metal could be procured by enlarging the caliber one
Inch. This will in no manner impair the value of the gun as an ornament, and It" could be used for firing salutes If reduced charges were
loaded. When the monument shall be erected, its base will doubtless be the final station of this ancient weapon, as all the soldiers are
united in this purpose.
The design for badges agreed upon between Governor Geer and the committee representing the soldiers is about ready for forming the
die or mold. Until It is ready, the cannon will be left in front of General Summers' store for the Inspection of the public. Then he will at
tend to having It bored, out, after which it will be held subject to the work on the monument.
Some interesting designo and figures arc found on the cannon. It wao christened by the manufacturers "Leal which name is engraved
on a scroll near the muzzle. The date of its manufacture, 1776, is also indicated on the gun. The date has especial value to all Ameri
cans, of course. The coincidence of the Declaration! of Independenoa and the cannon's manufacture, considered with the use now made of
the gun by one of the states ultimately growing out of that little document giv.en to a skeptical world. Is quite striking. The cipher of
the king reigning at the date of th gun, its weight and a few other matters are indicated on the gun or carriage.
Bayer and T. Patterson. The other de
fendants are either Insolvent or in default.
The contention of the plaintiff as recited
in tho complaint filed, is that on Febru
ary 8, 1S92, the following persons signed
notes In amounts as stated to secure an
overdraft In the Bank of British Colum
bia, which was to be allowed by the bank
to the extent of $100,000: Honeyman,
DeHart & Co., $5028; J. McCraken, $5231;
L. W. Wallacet $5763; E. G. Harvey, $5028;
A. E. Bortfiwick, $470o; I. B. Sturgls,
$2388; G. Pope, $5028; F. Wolff, $482; John
Kiernan, $7669; G. W. Staver, $4799; R. B.
Knapp, $4799; Charles Hegele, $5510; J, C.
Bayer, $482; J. W. Cook, $4799; H. A.
Hogue, $5763; K. A. J. Mackenzie, $4799;
A. H. Johnson, $7669; W. W. Spauldlng,
$5028; J. Ordway, $4799; T. Patterson, $5281;
James Lotan, $4799. The money was to
bo used In the operation and business qf
tho Portland smeltlnff and refining works.
The bus'ness proved unprofitable, and an
overdraft was Incurred in the sum of
$41,058, and tho bank required divers of
tho persons whose notes it held to make
payments on accounts, which was done,
as follows: J. McCraken, $579; Charles
Hegele, $302; J. W.' Cook, $263; F. Wolff,
$26; J. Kiernan, $120; Honeyman, DeHart
& Co., $275; R. B. Knapp, $263; H A.
Hogue, $316; J. C. Bayer, $26; W. W.
Spauldlng, $275.
In August, 1894, the business was aban
doned, and the bank required payment of
the balance due, which was made as fol
lows: Honeyman, DeHart & Co., $4752;,
Charles Hegele, $5203; F. Wolff, $455; J.
McCraken, $4701; John Kiernan, $7248; J.
W. Cook, $4535; E. G. Harvey, $5028; ty.
W. Spauldlng, $4752; K. A. J. Mackenzie,
$250; R. B. Knapp, $4535.
The amounts in aggregate exceeded'the
amount actually due the bank by the sum
of $2S45, which sum was pro-rated among
and paid to the credit of the persons who
made such payments. The property was
sold on January 21, 1895, consisting of 15
acres of land at Llnnton, and the plant
and structure constituting the works, and
the plaintiff, as trustee for the persons
who paid the debts of the corporation, bid
in the property for $8550. There was a "note
of A. L. Davenport for $3500, on which
$3700 was afterward realized, and distrib
uted among the persons who paid tho
debts.
It is stated that at the time the in
debtedness was paid' to the bank the following-named
persons were insolvent: A.
E. Borthwick, Ira B. Sturgis, G. Pope, G.
W. Staver, J. Ordway, J. Lotan "and the
estate of L. W. Wallace, deceased, but
that Borthwick, Sturgls, Pope, Ordway
and Lotan may hereafter acquire proper
ty. It is also stated that after payment
made to the bank of the indebtedness,
K. A. J. Mackenzie and H. A. Hogue re
paid to said persons the respective amounts
which they should have contributed to
ward the liquidation of the Indebtedness.
The plaintiff alleges that he represents in
this suit the persons who paid the indebt
edness, including Hogue and Mackenzie,
as assignee and trustee. Eliminating from
consideration the Insolvent members of
the syndicate, Kiernan alleges that the
amount which should be paid by the sol
vent defendants is: T. Patterson, $2136; J.
C. Bayer, $16S, and the estate of A. H.
Johnson, deceased, $3102, and asks judg
ment. Judgment Is asked also against the
alleged Insolvents-as follows: A. E. Borth
wick, $1312; I. JB. Sturgls, $653; G. Pope,
$1375; J. Ordway, $1312; J. Lotan, $1312". The
court Is asked to decree that such of the
defendants who may hereafter satisfy the
judgment awarded against them, in whole
or in part, shall have an Interest In the
judgments to be awarded by the court in
favor of the insolvents, In proportion to
the amounts paid in by the first-named
defendants.
The defense Interposed is that the land
and works sold to Kiernan as trustee for
the stockholders for about $9000 were worth
at least $40,000 to $50,000, and that the same
ought to have sold for much more than
enough to have disposed of all of the in
debtedness of the company, and to have
fully relieved these defendants.
THREW LIGHTED LAMPS.
How Two Defendants In Divorce
Salts Cnressed Their Wive.
Two husbands are Charged in divorce
suits with using lighted lamps as weap
ons against their wives, hut the allega
tion Is not an entirely new one, as it has
before figured here in such cases once or
twice In recent years.
Mary Graham, who has brought suit
against John R. Graham for a( dissolution
of the matrimonial bonds, avers that ho
threw a lighted lamp at her in the year
1S95, in an attempt to kill her or do her
great bodily harm. She alleges that he
beat and choked her, and threatened to
take her life, drank to excess, and she was
forced to leave him in May, 1S96. -She
asks for the legal .custody of their child.
They were married at Butte, Mont., in
1SS5.
Mary S. Toung has sued Charles B.
Young for a divorce on the ground of cruel
treatment, and charges him with attempt
ing to throw a lamp at her, December
27, 1899, and says ho struck her In the face"
and threatened to kill her, Mrs. Young
alleges that while they were out riding
together In July, 1898, he struck her three
times and drove the buggy to the edge
of a precipice and threatened to throw her
over. In November, 1ES9, she asserts that
her husband falsely accused her of acting
improperly with Gordon Stratton. Tho
plaintiff further states that. she Is the
uwiici, in nci uwu ugiik uuui net luuiuci,
SPANISH CANNON IS IN PORTLAND.
of two lots at University Park, containing
a house, and that the defendant caused
to bo deeded to her two other lots, one at
Mdunt Tabor and one at Portsmouth. She
avers that he is occupying the house, and
she asks a temporary injunction by the
court restraining him from so doing, or
visiting the same pending this suit. Mrs.
Young also alleges that the defendant Is"
possessed of a great deal of real estate,
and she is without means to pay an attor
ney or to prosecute this proceeding, and
asks that he be made to supply the neces
sary funds. She requests to be restored
to her maiden name, Byl. The litigants
wee married in 1893, and have no children.
In the divorce suit of Edith Hunt against
George W. Hunt, Judge Cleland yesterday
made permanent the order restraining the
defendant from going upon the premises
occupied by his wife.
Judfje Cleland dismissed the divorce suit
of Rachel Hill against Fred Hill, on the
ground that the evidence was not suffi
cient to base a just decree upon. His hon
or remarked that some of the testimony In
behalf of the plaintiff was unreliable, and,
in fact, not worthy of belief. Mrs. Hill
was Miss Bloch. Thr evidence showed
that Hill supported her well and gave
her $1700 in cash, with $1000 of which she
bought a pawnshop which her father man
ages. She charged the defendant with
cruel treatment, and he answered In effect
that they could get along well enough
together If his wife's parents would per
mit. Did Not Prove Relationship.
Tho petition of Fred Wills for a share
of the estate of George Wills, deceased,
amounting to about $600, and which has
been in the hands of Referee Miller for
about 10 years, was denied by Judge Cle
land yesterday, who concluded that the
relationship had not been established.
Fred Wills is a boy 17 years old resid
ing in Indiana, and It was alleged that he
is a great-grandson of George Wills, who
died In Multnomah county, leaving a con
siderable estate.
George Wills was-married in 1839 or 1840
and had about 12 children, more or less,
among them one Joseph, who was born In
1S59, and the petition alleges left one child
out of four, named Hardon Wills, whoso
only son Fred Wills claims to be.
Judge Cleland reviewed the testimony at
length, and concludes that it is insuffi
cient to prove that Joseph Wills had a
son named Hardon Wills, the father of
the petitioner. Several witnesses, among
them three old ladles, who knew the
Wills family back in Indiana, testified in
favor of the petitioner to some extent, but
In some points they were uncertain and
contradictory, and Mrs. Campbell, a
daughter of George Wills, who had mar
ried twice in that country before she be
came Mrs. Campbell, and lived In that
vicinity from the time of the alleged Har
don Wills' birth till he was of age, testi
fied that her brother, Joseph Wills, had
no such son. In consideration of this
testimony the court felt constrained to
deny the petition.
Thieves Convicted.
Two young men, Thomas Wilson and
Edgar Blanding, were tried and convicted
in the criminal court yesterday on an in
dictment charging them with larceny of
a trunk and contents and blankets be
long lng to R. M. Hutchinson. The prop
erty was taken from the Merchant hotel.
Hutchinson is a pioneer, 81 years old, and
is seven feet tall. His home Is at Oak
land, Or. The evidence disclosed that he
had been to Rltzville, Wash., to visit his
son and was on his homeward journey.
On his arrival in Portland, he went to the
Merchant hotel, and soon afterwards
discovered his baggage had been stolen.
The things were taken to a lot back of
the Seandia House, and an effort was
afterwards made to pawn some of the ar
ticles. The property was definitely traced
to the accused by reliable witnesses.
Decisions hy Jndgc Cleland.
Judge Cleland decided in the suit of Irv
ing Park Association against Virginia
Watson, in favor of tb plaintiff. Twenty
persons were associated together, and
were to divide a tract of-land equally.
They formed a corporation and Issued
stock, and Mrs. Watson gave a note;
everything was regular, and legal, and
she is legally bound to pay the note.
1 In the case of Julia Richardson vs. Rev.
B, Orth et al., a motion for a rehearing
was denied, and the plaintiff gave notice
of appeal to the supreme court.
A new trial was denied In the suit of
Hans Larsen vs. A. W. Botkin et al.
In the suit of B. "Montgomery vs. F. B.
Jones et al., a demurrer to the thhd
amended complaint was sustained, the
court deciding that damages arising in
tort cannot be pleaded as an offset to a
ciaim. arising on a contract.
Probate "Court.
The inventory of the estate of Nellie
Cohn, deceased, was filed. The valuation
is $403.
Ira O. Shattuck, guardian of L. A.
Freeze, an insane person, petitioned for
authority to lease five acres of land for
$25 for one year. The report of the estate
shows $19 on hand, and the land, which is
valued at $500.
The Inventory and appraisement of the
estate of Jacob Schwartz, deceased, was
filed. The valuation is $498.
Ella B. Foley, administratrix of the
estate of Stephen Charles Foley, her hus
band, deceased, was authorized to settle
a claim against the, O. R. Si N. Co. on
account of his death on the payment of
$300. Foley was killed November 17, 1899,
by falling from the upper chord of a
bridge at which he was at work, and the
O. R. & N. denies negligence, but offered
to pay the amount here stated. The at
torney for the administratrix gave it as
his opinion that she would be unable to
recover In an action for damages.
S. W. Church, administrator of the es
tate of Lucina Oatman, deceased, was
authorized to lease the home place com
prising 35 acres, for one year for $20 per
month.
To Determine Status of Poundmasier.
The suit of A. Caswell against W. Pat
terson et al.. to determine the right of
title to tho office of poundmaster of tha
city of Portland, was" heard by Judge Sears
yesterday. The case was presented by
George W. Joseph as attorney for the
plaintiff, and F. P. Mays appeared as coun
sel for the defendants. Caswell was ap
pointed poundmaster by Mayor W. S. Ma
son, and after the death of Mayor Mason,
was removed, W. A. Storey, as president
of the common council and acting mayor,
appointing W. Patterson to the place.
Storey, after he became mayor of the city,
reappointed Patterson. The point sought
to be made in behalf of the plaintiff is
that his removal and the appointment of
his successor were irregular, and that
Storey had no authority to act.
Verdict for Mrs. "Wagrer.
Averdict for the defendant was returned
by the jury in the suit of Otto Schuman
against Phoebe Wager to recover $60 bal
ance due on a tombstone. This is the
second time Mrs. Wager has won the case,
the supreme court having granted Schu
man a new trial after his first defeat
The defense of Mrs. Wager to the action
was that the stone In the monument has
not stood the ravages of the weather well.
The plaintiff was allowed the usual 10
days' time to move for a new trial. Mrs.
Wager paid $85 on the tombstone, but the
costs in the case which Schuman has had
to stand, amount to more than that sum,
so he is out altogether, and more too.
Unalile to Agree.
The jury was unable to agree In the
case of Ed Flannigan, who was tried for
larceny of $60 from William Stewart. The
charge against Frank Esham, the man
who actually committed the theft, was
dismissed because It was said Flannigan
led Esham to steal the money. The dis
charge of the latter Influenced some of the
jurors to believe that Flannigan, who has
been in jail two months, had been suffi
ciently punished. The testimony was that
Esham gave Flannigan $20 of the money.
The jury at first stood 10 for acquittal and
two for conviction, and subsequently eight
to four.
Petitions In Bankruptcy.
John Warren Conn, of Astoria, druggist,
yesterday filed a petition In bankruptcy.
His liabilities amount to $21,SS120. His
assets, including policies of insurance for
$12,000, amount to $15,234 50.
Charles M. Kellogg, of Baker City, ex
press agent, yesterday filed a. petition In
bankruptcy in the United States court.
His liabilities amount to $15,834 09, and his
assets to $270, exempt.
Court Notes.
Judge George will announce a decision
in the Schmidt children habeas corpus
case today.
John P. Wilson, a subject of the king
of Sweden, was admitted to citizenship by
Judge George yesterday.
I. B. Byl has begun cult in the state cir
cuit court againsf C. B. Young, to recover
$425 balance alleged due on a note exe
cuted April 25, 1S99. It Is stated that $175
was paid on the instrument.
The damage suit of Albert Featherstone
against the Mutual Warehouse Company
was submitted to the jury by Judge Fra
zer about 5 o'clock P. M. yesterday, with
Instructions to return a sealed verdict.
"Two jewels time and good advice."
Two boon companions. Hood's Sarsapa
rilla and pure blood.
J$ y
:aw wheat shipments
PORTLAND CLEARING A CARGO A
DAY THIS WEEK.
Twenty-Ships Now In the River The
Magdalene's Troubles Mon
mouthshire Due Today.
The German ship Alsterkamp was
cleared yesterday by G. W. McNear for
Queenstown or Falmouth for orders, with.
112,040 bushels of wheat, valued at $58,260.
This is the fourth vessel to clear this
week, and some of the others are far
enough along so that It Is not improbable
that we will turn out a cargo a day this
week. The Cralgmore and the Cambrian
Warrior are both nearly ready for sea, and
the Scottish Isles is not far behind them.
There are now 20 grain ships in the river,
six of which are loaded and ready for sea.
Of the others, 13 are under charter and
will finish loading this month or early in
February. The St. Enoch, which lost her
charter on account of her long passage
from Panama, is alone in'her glory on the
disengaged list.
Of the late arrivals In the river, the
American ship Clarence S. Bement left
up yesterday afternoon, and will reach
Portland this afternoon. Tho Colony and
the Chile will leave up seme time today.
It will be a few days before any of the
en route fleet Is due at the mouth of the
river, and the list is so small that arri
vals will be few in number for several
weeks. There are five ships on Puget
sound loading or under charter to load
grain, but not more than two or three of
them will get out in January. No new ton
nage engagements are reported, and from
present indications there will need be con
siderable more life in the wheat market
than is now apparent before there will
be much business. For anything near by
40 shillings Is asked, and for next season's
loading as high as 36s 3d Is demanded.
THE MAGDALENE LIBELED.
O. R. & N. Co. Aslc Damages for In
jnries Sustained by the Thompson.
Troubles are thickening for the big ship
Magdalene, which caused so much dam
age in a couple of short cruises around
the harbor Monday evening and Tuesday
morning. The vessel was libeled yesterday
by the O. R. & N. Co., to recover dam
ages for Injuries sustained by the .steamer
R. R. Thompson, mention of which was
made In yesterday's Oregonian. When the
Magdalene forced the steamer against the
barge, the latter was thrown against Co
lumbia dock with such, force that several
piles wero broken, and the dock otherwise
damaged. To recover this, Mrs. Clemen
"tine F. Lewis has intervened In the above
mentioned suit, asking for $750 damages.
To date, these are the only actions that
have been commenced against the, vessel.
Tho agents of the Margretha, the vessel
which was so seriously injured, will first
endeavor to secure a settlement before
appealing to the courts. As the damage
to the Margretha will amount to about
$7000 or $8000, the total damage wrought by
the Magdalene will foot up to-over $10,
000. As she was In charge of a licensed
state pilot each time, the tugboat company
is relieved from all blame in the matter.
Captain Andrew Hoben, the marine sur
veyor, held a survey of the damage done
on the Margretha, and the detailed report
of the damage Is as follows:
"Wo find one shear plate badly broken,
and one plate below the shear plate broken,
and the third plate down bent. One of the
frames Is badly broken and two frames are
bent. One main deck beam is broken at
tho after part of the main hatch. The
waterway plate Is badly broken, and the
deck In the vicinity Is strained, and two of
the deck plates started. The deck abreast
of the main hatch is broken, and a hole
is punched through the iron deck; 44 feet
of teakwood pin-rail are broken, and also
the angle Iron attached to It; 25 feet of
bulwark above the pin-rail and the iron
rail are broken; 25 feet of bulwark plate
below the pin-rail Is broken and twisted;
three bulwark stays are broken, and there
are three more bulwark stays that will
have to come off. The iron bands on the
lower foretopsall yard are started, and a
part of the truss 13 broken, the port fore
braces and topsail braces being carried
away. The starboard bulwark plate and
rail above the pln-rall are bent. One
starboard port Is broken; Jwo plates, six
Inches down from the shear plate, appear
to be bent some from the chains that
went around the ballast logs, and need to
be further examined, -when the wheat lining
Is removed from the lnslde.,,
TO REGULATE PILOTS.
Bill Introu-uced in Congress by Rep
resentative Daly.
A bill regulating pilots has been intro
duced in congress by Representative Daly
and referred to the committee on merchant
marine and fisheries. It provides that "the
government licensing and controlling of all
pilots throughout the United States on
bays. Inlets, rivers, harbors and ports of
the United States heretofore exercised by
the various states, wherein such pilots
may be, shall be placed solely In the
United States steamboat inspection service,
and that the United States revised statutes
as to the government of pilots shall apply
to all pilots now licensed by the various
states; and all pilots heretofore licensed by
authority of the laws of any state shall be
permitted to practice their profession as
though they had been licensed by virtue
of the laws of the United States."
Lightship Now For on the Beach.
ASTORIA, Or., Jan. 17. The stranded
lightship now lies head to the sea, a little
east of where she first struck, and is hlgn
and dry at low tide. A portion of her
rail was carried away by the breaking or
a chain. A scow, with a 5000-pound mush
room anchor on board, lies at Fort Canby
wharf, and at the first favorable opportu
nity will be taken around the cape over
the bar, and the anchor dropped near
shore; but close enough to enable the tugs
to get a hawser to the ship, which will
bo kedged out to the anchor with her
windlass. A line will then be shot ashore
from the anchor, but nothing will be done
toward floating the vessel until the 5000-
pounder Is placed In position. Contractor
Robert Mcintosh is now praying- for fino
weather.
Gray's Harbor Lumber Shipments.
HOQUIAM, Wash., Jan. 17. Shipments
of lumber by water from Gray's harbor
during December, were as follows:
Feet.
From Aberdeen, 17 cargoes 6.7SS.G0J
Hoquiam, 8 cargoes 3,226,01)0
Cosmopolls, 3 cargoes. 1,175,C0J
Total. 28 cargoes 11489,000
Shipped from Wlllapa harbor during De
cember, seven cargoes, 2.422,000 feet.
Monmouthshire Due Today.
The Oriental liner Monmouthshire is due
this morning, and unless she has met with
unusually rough weather on the voyage
across, she will be on hand about high tide
today. The Arab, outward bound. Is still
at Astoria, as usual experiencing more de
lay at that port than on the river. When
Portland starts In to Improve the channel
to the sea, she will know where to make a
beginning.
Arab to Talce on Coal.
ASTORIA, Or., Jan. 17. The steamship
Arab will be shifted tomorrow morning
from the lower harbor to the Pacific Coast
Company's bunkers, where she will take
on 120 tons of coal. Stevedores are at
work tonlsht shifting her cargo so as to
have her ready to receive the coal.
Domestic and Foreign Port.
ASTORIA, Or., Jan. 17. Arrived In, at
11:20, and left up at 1:20, steamer Homer, i
from San Francisco, via coast ports. Ar-,
rived down, at 10:50. British bark Criff el.
Left up, at 1:20, American ship Clarence
S. Bement. Condition of bar at 5 P. M.,
rough; weather, clear; wind, northeast.
Tacoma, Jan. 17. Sailed United Statea
steamer Sheridan, for Manila.
Seattle Arrived, Jan. 16 Japanese
steamer Riojun Maru, from Yokohama.
San Francisco, Jan. 17. Sailed Schoon
er Jennie Stella, for Gray's harbor, steam
er Bertha, for Unalaska. Arrived Steam
er Geo. W. Elder, from Portland; steamer
Walla Walla, from Victoria.
Coos Bay Barbound, Jan. IS Steamer
Empire.
Port Los Angeles Sailed, Jan. IS Steam
er MIneola, from Nanalmo.
Fleetwood Arrived, Jan. 16 British ship
Kllmory, from Oregon.
Yokohama, Jan. 17 Arrived British
steamer Glenogle, from Tacoma.
Port Pirie Arrived, prior to Jan. 17
British ship Balelutha, from Port Blake
ley. Hoquiam, Wash. Sailed. Jan. 16
Schooner San Buenaventura, from Aber
deen for San Francisco.
Southampton. Jan. 17. Arrived St.
Louis, from New York.
New" York, Jan. 17. Arrived Friesland,
from Antwerp.
IE SACRED SONG.
Great Bass Arias From "EUJah"
Sons' hy Dr. Morrison.
Trinity church was crowded to its ut
most capacity last night for the recital of
sacred music a pleasant Innovation, In
troduced by the new Tector Dr. Morrison.
It proved no less delightful thau had been
anticipated by such as were acquainted
with Dr. Morrison's rich, highly trained
voice, for "his singing of the great bass
solos from "Elijah" were the leading feat
ure of the evening. These were given
with superb effect, though to those wo
were familiar with his voice, It was a
parent that he was laboring under the dis
advantage of a cold, and was not, there
fore, really at his best.
His first solo was the plaintive. "How
Long Wilt Thou Forget Me. O Lord?" by
Mietzke. Following this came the impres
sive and beautiful prayer from "Lord God
of Abraham." overflowing with quiet and
serene faith. In strong contrast to thJs
was the splendid aria, "Is Not His Word.
Like a Fire?" which, in point of difflcul y
and grandeur of effect, can. be comparia
with nothing except Handel's great bas
aria. "Why Do the Nations," from tl.a
"Messiah." Both may be taken as a
crucial test of the capabilities of the voice.
Dr. Morrison's rendering of Mendelssohn s
aria was characterized by dramatic fervir
of a high order.its sweeping crescendos, is
surging unrest, and passionate vehemence
of utterance were all admirably expressed.
The mournful strain, "It Is Enough," with
its pathetic, despairing misery, made an
effective foil to the succeeding number,
"For tho Mountains Shall Depart." full or
power and freshly revived strength. Tia
next solo, "O Rest in the Lord" (the an
gel's song), breathing peace and solace,
was very happily selected to close tno
numbers from "Elijah."
Mr. Lighter gave several organ ntfmbqfc
that showed to good, effect his skill on. that
Instrument, but the character of the selec
tions wero hardly suitable for a place on.
the same programme with those from
''Elijah." The Intermezzo from "Caval
lerla Rustlcana," the "Serenata," by
MoszkowskI, the "Hymn of tho Nuns.'
by Wely, the florid Bastlte offertoire. ara
none of them up to the same elevated
piano of the great Mendelssohn arias, and
made the words on tho title page of tha
programme. "An Evening of Sacred Mu
sic." something of a misnomer.
Gustav Mueller, who was down, for soma
violin numbers, was unable to be present.
At 9:30 o'clock the big audience left tha
church In a very satisfied frame of mind,
and many cordial hopes were expressed
that this pleasant recital would be fol
lowed by others of a similar character.
a
Almost a Had Fire.
A fire alarm wad turneoT in 'from box;
213, East Morrison and East Water streets
last night at 9 o'clock, to which, the de
partment responded promptly. Fortunate
ly there was nothing for the firemen to do.
The fire- was in the boiler-room of George
Kilner's iron works, on East Water street,
between East Alder and East Morrison
streets. Some one had placed kindling
on the top of the boiler to dry, when It
caught fire from the heat of the boiler
and was biasing briskly when the lig t
was Been by some one from the second
story of the bjlldlng occupied by tha
East Portland Fence Company, and J. W.
North, who runs a lodging-house on tho
corner of East Morrison and East Watr
streets, was informed of the fire. He broko
open the boiler-room door and rxjliv
gulshed the fire before it had spread to
the roof. A moment more and the depart
ment would have had a bad fire to con
tend with. The building belongs to Joe
Paquet.
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Great men have written for
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Among the most noted of
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Agriculture; Senator Chauncey M.
Depew, on Politics ; Russell Sage, on
Finance; Thomas Edison, on Elec-
u HiVlVJr , ui. iuauuuu ictcia, uu xvc-
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