Image provided by: University of Oregon Libraries; Eugene, OR
About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Jan. 19, 1900)
.-' THE MOROTtfa: OREGONIAN, FRIDAY, JANUARY 19, 1900.' Why Oregon City Pension Ex aminers Were Suspended. FALLING OUT WITH THE BUREAU Congressman Tongue's Friends Mis takenly Tbonghx Politic Had Something to Do "Willi It. OREGON CITT, Jan. IS. All Clackamas county has been in the biggest kind of a political stew for several days. It all came about through a "Wash ington dispatch, published in The Ore gonian a few days ago, to the effect that Representative Tongue, having heard that the board of pension examiners of Oregon City had been suspended, took the matter up with Pension Commissioner Evans and had the board reinstated. This was hailed by the congressman's friends as a great Tongue 'victory, for it had been hinted by knowing ones that the suspen sion of the examiners -was a move upon 2&T. Tongue's political intrenchments. Therein the knowing ones were off the track, as "will presently be seen. The suspension of the Oregon City ex aminers would not attract especial at tention in ordinary times, but these are not ordinary times. A general election Will take place in June, and among the officers to be chosen is a congressman in the first district Representative Tongue Is out for the renomlnation as the repub lican candidate. That's no state secret. He has several sturdy opponents, and among them is State Senator George C. Brownell, of Oregon City. Senator Brown cli is putting up the hardest kind of a fight. If he does not have the Clackamas delegation at his back in the congressional delegation it will be "because he has lost his grip on the county. The senator is renowned for his ablKty to hold on to anything political that comes his way. Just -what Representative Tongue has gained or what he expected to gain by The reinstatement of the examiners is not apparent. There are three members of the board Ir. J. W. Norris, of Oregon City, who is president; Dr, W. E. Carll, of Oregon City, is secretary, and Dr. J. J. Leavltt, of Mollala. Dr. Leavltt is friendly to Senator Brownell's candidacy for con gress. Dr. Norris is opposed to Bownell. Dr. Carll is a gold democrat and Is not tied to any republican. If he has any preference it probably is for Senator Brownell. it Started From. a. Business letter. This is the true story of the way the tempest blew "up. Last December Senator Brownell was visited at his law office at Oregon City by an old soldier named Ter man, who complained that he had been ordered to McMinnville for examination before the board of pension examiners res ident at that place. This struck the vet eran as being an odd proceeding, especially as there was, so he believed, an examin ing board at Oregon City. Senator Brown ell took the matter up with Senator Simon and in due time received the following answer; "Washington, Dec 16. Hon. George C Brownell, Oregon City My Dear Senator: I beg to hand you herewith a letter re ceived by me from Hon. H. Clay Evans, commissioner of pensions, in answer to my request that the order heretofore made requiring Mr. Frank Terman to appear before the board of surgeons at McMinn ville be changed to appear before the board at Oregon City. You will note that the commissioner writes that the board at Oregon City has been temporarily dis continued, and that therefore it will bo impossible to change the order as re quested. Kindly inform Mr. Terman of the discontinuance of the board at Oregon City. Very sincerely yours, "JOSEPH SIMON." Tongnc's Friends Take Alarm. Senator Brownell was surprised at the news of the suspension of the board, but he did not faint. He is too old a poli tician tor any weakness of that sort. He immediately reached for his pen and wrote to the Oregon senators and insisted, in the interest of the old soldiers of his locality, upon the reinstatement of the board. No word came from Washington of the removal of the board, but evidence that something hard had dropped was not long in reaching the surface. The board held meetings, hut no persons appeared for examination. Th-s did not incon venience Drs. Carll and Norris, as they live in Oregon City, but it was not pleas ant for Dr. Leavltt, who had to drive "IB miles to Oregon City and back home again, and- all for nothing. Soon stories got Into circulation that ex-soldlers had been ordered before the Salem board for examination. Still the Oregon City board continued to hold meetings, and still no word of official d'spleasure and decapita tion from Washington. Xilttle by little the news contained in Senator Simon's letter to Senator Brownell leaked out, and before Clackamas county knew what was up it was in a tremble of excitement. Senator Brownell showed the letter to Dr. Carll, secretary of the hoard of ex aminers, and through Dr. Carll the other members learned of their deposit on. In brief time County Judge T. F. Ryan heard of the letter. The mere fact that Sena tor Simon had written to Senator Brown ell and that Senator Brownell had been the first to get news of such prime im portance, was sufficient to moe so ardent a Tongue man as Judge Ryan to instant action. Tncre is no thought that politics can inspire that did not enter into his head as he sat in his office In the court house and endeavored to make out the purport of the SSmon-Brownell letter. He saw through the -whole thing, or, rather, thought ho saw through it, at a glance. He concluded that the examiners had re fused to stand in with Senator Brownell for the congressional nomination, and that the senator had them removed as a pun ishment Forthwith, Judge Ryan wrote to Congressman Tongue, who, following the same scent which Judge Ryan had struck, demanded the reinstatement of the board. Forthwith, Pension Commissioner Evans complied, and forthwith the Tongue men in the first congressional district be gan congratulating themselves upon their laanous victory. XotUIns Political in It. The political aspect of the suspension of the examiners was knocked into a cocked hat by documents which were made public at Oregon City yesterday. After Judge Ryan had told an Oregonian man that he would not like to say that the examiners had been remote for political reasons, but that when the news came he had his "suspic ons," he reached to a near-by table for his mall. Among the letters "was one from Representative Tongue, dated Washington, January H. It had this to say about the examiners: "The discontinuance of the board was made on the recommendation of the medical exam iner hecause the -business coming before the board was small." "D& you now think that politics had anything to do with the suspension of the examiners?" asked The Oregonian man after the judge had read the part of Mr. Tongue's letter to which reference is made. "No," said Judge Ryan. The Oregonian man was shown a letter from Commissioner Evans, dated January 9, in which the commissioner said that the board had been suspended for refusal to bey certain orders. "Notice of the suspension of orders to the board was inadvertently omitted added the com missioner. This letter and the one from Congressman Tongue effectually disposed of the political side of the question, and the Tongue men reluctantly admitted that they had been barking up the wrong tree, and creating a lot of thunder of the comic-opera variety. Real Cause of the Suspension. The rupture which ended in the suspen sion of the examiners is a matter which concerns only the board and the pension bureau, and has no bearing on politics. It began long ago. The members of the Oregon City board are physicians of large practice, and they do not care a whit how long or how short they ar,e retained. They are paid ?2 each for every appli cant examined, and the work Is out of all proportion to the compensation. The pay is less than half what the doctors get for doing the same work for Insurance companies Dr. Carll has had many tilts with the pension bureau. He does not like the red tape of the bureau, nor is he in love with some of the officials who wind and unwind the tape. If there is any thing that will stir up his blood it is a letter from some subordinate of the bu reau asking him to explain medlcai terms which he uses in his reports. Once he wrote to the bureau that he was not run ning a school of Instruction for the "med ical experts' of the pension bureau, and that if they could not comprehend terms in common use among physicians they, would better attend a medical college. Last November Dr. Carll received an order from Commissioner Evans, direct ing a member of the board to proceed to Barlow to examine an applicant for a pension, who had reported to the bureau thai ho was physically unable to present himself before the board at Oregon City. Dr. Carll refused to bo to Barlow tor the reason that too much time would be required. Besides, Dr. Carll and his as sociates knew that the man was as able to go to Oregon City as the examiners were to go to Barlow. They also knew that on a previous occasion the man had offered, to bribe one of the members of the board to "fix" the report of his con dition. Dr. Cirll wrote a sarcastic letter to Commissioner of Pensions Evans. He said he would not go to Barlow and gave the commissioner to understand that he was not a $2 man, and that he did not propose to be bossed around. However, Dr. Carll did not state reasons to Com mlssloner Evans. If he had, there might have been no trouble. The Bnrenn Discontinues Orders. It was about that time that the pen sion bureau discontinued sending orders to the Oregon City board. But the board heard nothing until Senator Simon's let ter to Senator Brownell was made pub lic. The members of the board felt keenly the discourtesy of being suspended with out notice. Dr. Carll promptly wrote to Commissioner "Evans, saying the board was entitled to direct dealings with the pension bureau; and that if the board had been suspended the. members should have official notice to the end that they might turn over records and other prop erty to their successors, This letter brought the following answer, dated Jan uary 9, Irom Commissioner Evans: "Orders to your board were suspended November 21, 1S99, because of the receipt of a letter from you refusing to make a home examination of an applicant living 10 miles from Oregon City, on a line of railroad. Notice of the suspension of orders was inadvertently omitted." Dr. Carll's Letter to Evans. m In Teply Dr. Carll today mailed the following letter to Commissioner Evans: "In reply to your letter of January 9, which was in reply to mine of the 3d, I wish to further state that I supposed, af ter I stated the situation as to the time requiredto make the trip to Barlow sta tion, the pension department would not hold that we were obliged to lose a day's time for the compensation. After return ing the papers to the department I con suited with the other members of this board, and they both declined to give the time for the fee. The whole proposition seems so absurd that I feel surprised and indignant that I should be expected to do this, and wish to declare now that I will not make such visits for such a fee. In this case of ... I knew at the time that he was well able to make the trip to Oregon City, as well able to make the trip as anybody. Furthermore, at the time he was examined before this board, he tried to bribe the president of this board, by tendering him money to 'fix' the report These facts had something to do with the disinclination of myself and the other members to go to Barlow to examine him. As I stated before, the trains to Barlow only run so that In order to make this trip it is necessary to leave here in the early morning and return late in the evening, thereby losing a whole day, as the return train is the California overland. It is often late (today it is 12 hours late). Therefore the time taken from one's business is "very much. I am personally willing- to do all in my power for worthy applicants, even to going to Barlow sta tion or any other place within reach, but I would do it for charity, and not for $2 a day, at the order of the pension de partment or any other branch of this or any other government "With reference to the statement In your letter 'that for further reasons, there is no special necessity for a board of examining surgeons at Oregon City.' I have nothing to say except that I had nothing to do with the establishment of the board at Oregon City, and therefore feel no con cern about it on that score. My only effort has been to do the work sent us to do. and when not able or willing to do the work, endeavor to Inform the depart ment of my inability to perform the re quirements of the department: and again express to you mT entire indifference as to the continuance, discontinuancp or oth er status of this board, except as the rules and requirements of the department may in mv opinion Interfere with my personal rJtrhts Then I shall always pro test and abide the consequences." Tongue Smoothing It Over. Dr. Carll received a letter today from Congressman Tongue. So much of It as refers to the removal of the ex aminers follOTVs: "I received a letter from Oregon City yesterday morning, that the pension board at that place had been suspended. This was all new to me. I had received no intimation to that effect, whatever. I went at once to the department however, and found the report true. It seems that the order was made about the 19th of last November. I saw jour letter in which ou rather protested against dealing with 'ward heelers and grafters, Instead of the department' The commissioner of pen sions admitted you were justifiable in this language, and that the officers should have notified the board direct However, at my request and at my solicitation, the order for discontinuance was promptly rescinded, and the proper officers were di rected to notify the several members of the board to that effect They called my attention to a letter from you, declining to examine some one about 10 miles south from Oregon City, and seemed to take a little offense at It In fact the recom mendation for the discontinuance of the board relied practically upon that The commissioner of pensions wished me to write to you and ask you if possible to comply with those orders as far as pos sible. He states there are occasions when soldiers are sick and unable to attend. It is not as I understand, strict require ments that the examination should be on any particular day. Possibly the ex aminations can be shaped at such times as some member of the board may be traveling in that direction, and thereby not require to devote too much time. The pay, of course, is small, and not sufficient to compensate a physician for making a special trip. Where, however, it can be timed In with practice in that neighbor hood, it will not be particularly incon venient I hope yourself or some member of the board will find it reasonably con venient to make the examination." The Oregon City temoest in a teapot is now up to fnmm''nTipr Thrans. If you wake in the morning with a bit ter taste in the mouth, coated tontnic. 1 perhaps headache, your liver is torpid. You need Carter's Little Diver Pills. MAYHAVEBEEN MURDERED POSSIBLE FATE OF FRED H. CLAY SON, OP PORTLAND. He Disappeared on the Daivson- Skasnvay Trail Under Very Sus- picious Circumstances. SKAGWAY, Jan. 10. Fred H. Clayson, formerly of Portland, and Dominion Line man Olson are supposed to have been murdered on the trail between this city and Dawson. Clayson left Dawson De cember 17 on a bicycle for Skagway, and expected to make the trip in 10 or 14 days. For the past week his brother. Will H. Clayson, has been telegraphing to all points along the Dawson line. Clayson was last heard of Christmas day at Minto, in company with Qlson and a third man who was a stranger. Olson is said to have had 5800. Canadian police are dili gently searching the cpuntry between Bennett and Dawson. Arrivals in last night from the Interior report a party of four suspicious char acters were encamped near Hootchlkee FRED H. before the men disappeared, and that one of the four was supposed to have been O'Brien, a man wanted in Dawson for jail-breaking. The police were intending to arrest them, but it Is said they had ap parently abandoned the camp. It Is also brought by the same late ar rivals that two other men left Minto with Clayson and. Olson, and none of them have been heard from. One of the other men is Lynn Rolf, bookkeeper for some time in Dawson for the famous Klondike character, "Nigger Jim," and who is thought to have had gold with him. The name of the fourth man is not known. Word has been brought from Bennett that Superintendent Crean heard there that trees had been cut so they fell across the wires near Minto. A man has been arrested at Tagish and one at White Horse on suspicion in con nection with the case, but particulars have not been given out, save that the man at Tagish had considerable curren cy, a draft bought at Dawson, a'palr of field glasses, and a span of horses he bought on the trail. It is reported by late arrivals that Clayson had told Mail Superintendent Richardson at Minto he had $5000. Bank advices received in Skag way prove that he had bought a draft in Dawson for 52000. Fred H. Clayson. mentioned in the above dispatch, was a resident of Portland be-, fore the Klondike movement. He has a sis ter residing here now, Dr. Esther C. Pohl, and many friends, all of whom sorrow to learn that their apprehensions of the past few days are now apparently confirmed. The daring spirit of the young man has led him to make many hazardous jour neys between the coast and Dawson since the rush to that gold field. Like many others of numerous adventures, he had resolved to make the trip upon which he was last seen to start the close of his dangerous business, living henceforth upon his well-earned profits, which were large. Mrs. Pohl was sadly affected yesterday upon reading what is undoubtedly con firmation of her brother's death. It seemed impossible for, her to realize the dauntless spirit that had wrung a small fortune from forbidding conditions where thou sands failed, had at last succumbed. The last letter she received from him was in December, and in. it he announced that ho would start out for the coast about the middle of that month. His use of a bicy cle was a novelty that was being tried to make better time at a season when most transportation facilities were useless. Clayson came to- Portland "When he was 9 years old, with his parents. After grow ing up he was employed for a time with Moyer & Co , and later spent some time fishing for salmon on the Columbia river. He commenced the latter work while the Columbia-river fishermen were on a strike and endeavoring to kill any one who would cast his net Clayson seized the op portunity to reap the bftiefits of high prices then being paid for fish, little heed ing the danger connected with his work When the rush for the Klondike com menced, he was among the first to em bark, reaching Skagway on the first trip of the Geo. W. Elder, in company with his brother-in-law, Dr. Pohl. The mer cantile firm of F. H. Clayson & Co. was immediately established, which became very prosperous through the enterprise of the senior member. It was Clayson's custom to push his way from Skagway through to Dawson in the early spring, before any other person, taking with him a good stock of such goods as he judged would find ready sale at the highest prices. , Tinned vegetables and certain gro ceries usually formed his load. Reaching Dawson at this period, no difficulty was experienced in selling at a splendid profit Before returning to Skagway In the fall, Clayson waited until after all others in tending to make the trip had started. In this" manner he was able to form the best judgment of what would be needed in the spring, and have at least many days' ad vantage over all competitors. From these ventyres and the store in Skagway Clayson accumulated a fortune his sister estimates to have been at least $40,000.. How much money he possessed when he started upon this last trip from Dawson Mrs. Pohl is not able to state accurately, but she says he would carry several thou sand dollars. She has a photograph of him and his dog-team when they arrived at Skagway last fall, which give the hardy oung adventurer a very youthful appear ance. He was just 27 years old at the time of his departure from Dawson, but looked far more boyish than a man of that age. The young man's brother Will lam and his mother are both In Skagway now, as is stated by the dispatch. Good Prospects for the Sheeprniser. Moro Leader. The winter so far has been all that can be desired by the farmers Plenty of rain has taken the place of snow, with little frost to injure young grain. For sheep- . 5 i . 1 i 1 men the season up to the present has been an ideal one. Except In crowded districts, grass has been fairly good on the out side range, and plentiful on fenced land. Little hay has been fid In comparison with last year, and iClireo are In excellent con ,dition. ShouM the pruswit mild weather continue up tr Mfurh, ihe wool clip of 1900 will be a (jjnnnicrml onej sheep will shear two or thiec pnurds more to the fleece than last year, ana with the pres ent prospect of 16 or IS cents for wool next summer, the Eastern Oregon sheep raiser is to be envied. XETTER FROM RALPH PLATT Snys He Is Maldner Plenty df Money in Manila. A letter received by Deputy District At torney W. M. Davis, from his friend, Lieu tenant Ralph Piatt, formerly commissary officer of the Second Oregon, contains some information of the Oregon boys in Manila. Lieutenant Piatt was one of the number mustered- out of service in Manila, ho then having the position of civil coun sel on the staff of the provost marshal general. This office was practically the same as that of acting assistant adjutant general, which Lieutenant Piatt filled prior to being mustered out of the service. Re- CLAYSON. ferrlng to his prospects in the islands, Lieutenant Piatt wrote: "I have resigned my position with the government and am going into activo practice as soon as possible. I will go to China and Japan Immediately after the first of the year, on a combined business and pleasure trip, during which I expect to visit Hong Kong, Canton, Foo Chow, Amoy, Shanghai, and possibly Peking, on my return from Japan. In a business way my chances are very bright over here, as I am making money and saving it 'I have the very best business firms, and several on yearly retainers. My retainer fees alone give me a monthly Income ot at least 5240 in gold. . But I cannot handle their business and the government's too, on account of the many conflicting inter ests, and therefore decided to take the step in the way of resignation." Speaking of the situation there, and ot other Oregon men, he says: "The situation looks a lttle brghter at present The enemy is well broken up, and the boys have had him on the run from one place to another during the last SO days. The revolutionary government is gone entirely, but there is bound to be a greater or less amount of guerrilla war fare, mostly with mountain bands or sav ages; but they are hunted closely. Crowne, Worrick, Brazee and Prescott are already in the northern field with their regiments, and we are expecting the others on the way every day; in fact, they are overdue. I have net seen any one except Prescott, owing to the fact that they were pushed to the front immediately on their arrival, going from the boat to the train. As ttiere is a strict censorship In regard to the arrival and movements of troops, they were north before I heard of their ar rival." Lieutenant Piatt says he will come to Portland during the following summer, coming here in all probability by way of the Suez canal and Paris, as he has a little work in the latter place, that will pay ex penses, and another of the same char acter in Washington, D. C. 9 O ' BURIED IN LUZON. Funeral of the Late Lieutenant Harry A. Boutellc. News has been received ot the funeral of the late Lieutenant Harry A. Boutelle, who was well known in the Northwest as a joung man of noble character, and one who merited and gave every indication of attaining a high level In his profession, and who was killed In battle at the head of the Macabebe scouts. His father, Gen eral F, A. Boutelle, United States army, retired, yestorday received the following letter: "In the Field, San Isidro, Luzon, P. J , Nov. 5, 1899. My Dear General Boutelle: It has been my sad duty to read the burial service today over all that was mortal of your boy. My heart goes out to you in sympathy, for my only boy, an only child, left us but a few years ago, and I can speak from the heart. You can have the consolation of knowing that your boy died like a soldier, and that his inter ment was attended with the usual military rites. "The funeral took place at 11 o'clock, under the dirction of Lieutenant-Colonel Keller, Twenty-fourth infantry. There were 20 officers present, and several hun dred men, besides the escort The day was perfect, and I think I never saw a calmer or more peaceful sight than that presented as we approached the cemetery. The grounds are enclosed by a substantial stone wall, and are well kept. Palms and banana plants gave a tropical beauty to the scene, while in view at a distance of 15 miles rose noble Mount Arayat. The quiet, beautiful scene, the occasion, the solemn music, and the uncertainties of the coming campaign, made an impression on me I shall not soon forget, and I deter mined to write and give you what little comfort is possible by the assurance that your boy's remains were tenderly cared for, and that we were proud to do honor to a noble and "fearless soldier. May God comfort vou -" - "With deepest sympathy, I am, most sin cerely yours, " "W. D. BEACH, "Major and Inspector-General, United States Volunteers, Captain Third Cav alry." B O fr Another Advance Apfent of Prosperity Baker City Republican. Whn that opera-house and modern hotel Is built in Baker City, the people can begin: to talk about expansion. It was the great Portland hotel that made Port land the prosperous tfcity she is today. Criticism. Chicago Becord. "Daubs has painted a dreadfully bad picture. What shall I say-abaut it?" "You can safely say it is full of individuality." RIGHT OF COUN TY COURT CAN .CONTROL CHILDREN TAKEN FROM PARENTS. Judfire George Holds That Circuit Courts Cannot Interfere by Means of Habeas Corpus Procccdin&rs. Judge George yesterday decided that the county court has exclusive jurisdiction, over minor children which it has commit ted to tho Boys' and G.rls' Aid Society, and that parents muse hrst go tnere to enforce any parental rishts, and that the circuit court cannot interfere by means of habeas corpus. The decision was rendered in the petition of Emma Schmidt to regain possession o her daughters, aged 14 years and 10 years, respectively. They were first arrested for crime, and subsequently were surrendered to the custody of the society by Judge Cake July 30, 1S9S. Henry E. McGinn, attorney for the peti tioner, argued that the county court hiis not authority to make a permanent order restraining the children during their mi nority, and that the parents, by showing that the conditions existing when the chil dren were takeD have since changed, and that they can now properly provide for them, have a right to their recovery. The children have been apprenticed Into good families. Judge George, in-passing upon the case, said: "The fact that the Boys' and Girls' Aid Society in the last 10 years have handled the cases of over 1400 children, many of whom have been furnished excellent homes throughout the ?tate, makes it Im portant that the law be settled as to Its rights and obligations. "The case turns on tho construction to bo given to the act of 18S9 authorizing the order. Was the order temporary, as claimed by petitioner or not? "The law as parens patriae in this pro ceeding In personam Intended the control over the children to be permanent to tho extent that the corporation should for tho time being be the legal guardian of the persons of the children and as such guard ians should have and exercise all the right and authority of the parents of such chil dren regarding the apprenticing and adop tion of such children. The law certainly Intended this, because it says so in so many words. The act says tho society shall be the legal guardian of the persons of all such children. The parents of these children, as appears from the record, ap peared personally and by counsel and con tested this order, and they were bound by it unless they appealed, and they did not appeal. "The corporation acting as guardian un der tho law and under the order appren ticed these children into family homes. What, now, is the remedy of the par ents? "If now dissatisfied with the order vir tually appointing the society a guardian of these children, the parents might pe tition the county court for a modification of this order, citing all parties interested therein to appear and show cause why it should not now be set aside or modified to suit any changed condition. Or If they are now dissatisfied with the management of the corporation as guardian, they can petition the county court, sitting as a court of probate, which has jurisdiction under our constitution over all probate matters originally, and under subdivision 387 of section 895 of our code, specially to direct and control the conduct of all guardians. If dissatisfied with the action of the family under the apprentlcement, then section 2923 provides for the jurisdic tion of the county court to hear and deter mine that cause, and from the rulings of the county court an appeal might He to the circuit court, and then this court could hear and determine the matter. "Under the order of the county court In the present case new rights and liabilities have arisen. The society has assumed the rights and obligations of guardianship of these children. Guardianship under the -statute runs until the age of 21 with males and untiL 18 in females. The guardian cannpt abuse its trust nor discharge Itself of the obligations of guardianship nor con fer it upon any one else, except to appren 'tico, unless it have the approval of tho court having jurisdiction over the direction and control of guardians. And rights have arisen also under the apprenticing of these children authorized by the statute of 1SS9. Tho master under the apprenticeship Is not a party to this writ If tho defend ant In the writ, the society, has under a proper order of the court received the cus tody of these children and has lawfully placed their personal custody In the hands of another. It Is not now answerable under the writ, because the children are not held in its custody. Other persons have ob tained the custody and control under and by the terms of the original order under the law, and they have some right In the matter. "This order of Judge Cake is a contin uing one by operation of law until these children come to the age of 18, unless tho county court, under its jurisdictional right over guardians, changes it by making a new order of guardianship, or terminates the present guardianship on cause shown in the proper court." The court discussed some authorities submitted which it was held were not par allel cases, and continuing, Judge George said: "There is nothing in the present com plaint showing or alleging what, if any thing, has occurred that would entitle the mother to the custody of tnese children. Tho petition alleges that these children were taken from the care, custody and control of their mother without any reason therefor, but tho answer shows that they were duly taken under the order of tho county court for a good cause, which this court cannot now lrqulre into or review. "This court cannot interfere with guard ianship proceedings nor to terminate them except on appeal. The county court has been given the original jurisdiction over all guardianship matters, and this court, by habeas corpus, can no more interfere with the custody of this guardian over its minors, duly appointed ny law under an order of the county court, than -Kith tho custody of any other guardian thus ap pointed. This order s no moro a tem porary one than any other order of guard ianship. It runs during minority of the ward or until the order is set aside by a court of competent jurisdiction, namely, the county court, which as original and exclusive jurisdiction over all guardians, especially those of its own appointment The county probate court Is certainly the best adapted to pass originally on the merits of proceedings relating to the guardianship of minor?. It is true the act of 1SS9 gives the judge of any court of record the power, by summary pro ceeding, to take up any neglected or abused child and turn It over to this char itable corporation; but when the order is once made, the law makes tho corpora tion a guardian, and vests by our consti tution and by our laws the jurisdiction In the county probate court to direct and con trol the guardianship." Coming to another branch of the case, the court stated: "But it must be remembered that it is not the right of the parent that would be passed upon by habeas corpus looking to tho mere releasing of the alleged unlawful detention of the child. It Is the welfare and right of the child itself that consti tutes the gist of - the matter involved. Personal possession of the child was tho jurisdictional test in the order of Judge Cake, and it may bo quite immaterial whether parents were served with process or not Under the universal authority the sovereign state as parens patriae ever ex ercises guardianship over all infants, Id iots or lunatics, who, from legal disability, stand in need of protection. A law can authorize by a summary proceeding in per sonam the seizure of a neglected or suf fering child and provide for its welfare and guardianship, Irrespective of whether neglecting parents consent or not. The right kind of parents require no summons they will soon be on hand and will be heard, and if necessary will appeal from any order they do not acquiesce in, and will apply at any future time to the proper court for any proper rhange In the order of guardianship. No order of guardianship Is permanent It can always be changed, and just rights of parents will ever be re spected and never be regarded as barred. The parent can always assert its right In the best welfare of the child, but It must be In the form prescribed by law. If the original order of detention of the child was lawful, then we must grant that the detention is lawful so long as the order exists, and that necessarily brings us back to the question, How long doe3 an order of guardianship last? Evidently until mi nority is terminated or the"contlnuing or der ceases through some authorized legal procedure to terminate, and this must be through a court having jurisdiction of such matters. "There is but little danger that the state, through its proper courts, will interfere unjustly to deprive parents of the pres ence, aid and comfort ot their children if parents do their duty, and should derelict parents reform, and the best interests of, the child bo promoted by its return, the proper courts are ever open to grant the restoration, but the right of the parent in the child must ever give way to the best welfare and interest of the minor child. And it is also true that duo and orderly legal procedure requires that any irregular interference in any manner un authorized by law be denied. The statutes have provided full and ample remedy." The court discusses habeas corpus and denies that It has any power to decide the case on habeas corpus, and says the surrender of the children to the Boys" and Girls' Aid Society is presumptive evidence that they were legally surrendered. In conclusion, the court paid: "It follows, then, that this order Is still an existing one in force, and that another court of this state has jurisdiction over the subject-matter and over the guardian- ?hip, and this petitioner must first go thero o enforce and protect any of her parental rights In the premises. The demurrer is t overruled, unless tne return can De con troverted the writ muPt be dismissed." Attorney Flegel argued the case for tho defendant GRANITE TOWNSITE SECURE The Toivn "Will Now Leap and Bound. The new town of Granite, which 13 des tined to soon become a second Sumpter, now has Its townslte title secure. The matter has been In dispute for five years on account of conflicting claims. These claims have been finally fought out and bought out, and at the United States dis trict land office at La Grande yesterday final proof was made on the townslte. Thirty men made the filing on SO acres, each thus acquiring a proportionate in terest. Fourteen of them came to La Grande and made the proof, and among them were Grant Thornberg, Gus Bach man, J. N. Ditmars and Nell Nlven, all of whom have been residents of Granite for the past 10 years. The news of making the proof on the townslte was telephoned to Granite from La Grande, and a telephone message re ceived in Portland last night said that residents of Granite were celebrating in the most enthusiastic manner, and were firing off anvils on top of three feet of snow. Fred R. Mellls and W. J. Patterson, who came down from there last night, say that the snow has had all gone oft at Baker, and was reduced to one foot at Sumpter. It was raining at Granite, and rapidly settling the snow. In accordance with the land laws, the 30 men who have filed on the Granite townslte will each be entitled to a city lot, and the remainder of the lots will be sold by trustees for the benefit of the town, the money received from their sale to be expended in laying out streets, etc. Granite .gives every promise of at once becoming a lively mining town, as some of the best mines of Eastern Oregon are located near It The erection of 100 build ings will begin next week. The town Is 48 miles southwest of Baker, and 14 miles from Sumpter, the nearest railroad point at present. GOOD PROSPECTS. Ex-Governor Moody Snys Dalles Busi ness Men Are Satisfied. Ex-Governor Moody, ot The Dalles, is visiting hts son, Ralph, in Portland. He thinks Eastern Oregon has become very Webfoot-like in its weather this season. a3 warm showers appear to be the rule where cool, bright, frosty days have heretofore been the fashion. As a result, the bunch grass hills are reveling in a tropical green, and next year's wheat crop is aa far along as it usually 13 in April. The warehouses at The Dalles are filled with last year's wheat, which the pro ducers do not desire to part with at the prevailing price, 46 cents, but the wool crop of 1SS9 has long since disappeared. The governor says people of The Dalles are giving themselves no uneasiness over the building up of the new town of Shanl ko, as Tho Dalles will always be the wool market of the Northwest, and it mat ters not whether the fleeces come to mar ket by team or by rail. Several firms of The Dalles have arranged to set up branch stores at Shanlko, however, as the new burg is likely to become quite a local center. The proposed railroad from The Dalles up the Deschutes Tlver Is by no means a dead proposition, but the damp weather has been the means of postponing the sur vey. The Dalles people are awake to the Importance of this new road, and he expects to see It definitely located before another winter sets in. As to tvooI pros pects for 1900, he estimates that fully 8, 000,000 pounds will be shipped East from the usual wool headquarters during the ensuing summer. EASTERN OREGON DEVELOPING New Settlers to Be Broncht Onto Grain Lands. E. E. Lytle, of the new Columbia South ern railroad, I3 in Portland on business, and gives a glowing account of tne awak ening and development of the rich regon tributary to his road. It Is a plateau country, well adapted to farming and stockralslng, with no big trees to fell, no stumps or brush to grub out. The Columbia Southern now has 41 miles in operation, and 29 miles more will bring it to Its terminus at Shanlko. Mr. Lytle says that the building of these 29 missing miles will be completed in six weeks If the present favorable weather continues. There are SCO. men at work on the construction of the railroad, and they have kept at It all winter without interruption. The Eastern Oregon Land Company controls 75,000 acres of land in Sherman and Wasco counties, and the company is about to enter on on active campaign ot development, which includes the bringing In of many hundreds of new settlers. The region tributary to the Columbia Southern will produce this year, Mr. Lytle says, 3.000,000 bushels of wheat. The fall crop up there is already six Inches high, and is well rooted and stooled out, but has not jointed. Everything Indicates an immense yield. Street Repairs. The repairman Is making an effort to Improve the bad condition of the inter section of East Twenty-first and Powell streets. This will be a hard matter, but by extending the gutter to East Eighteenth and giving the water a chance to run off, it is hoped to improve the intersection re ferred to, which is now well-nigh impas sable. The residents in that neighbor hood1 complain about the condition of the streets, and yet they resist and defeat all efforts to Improve them. Under the pres ent condition of the streets there littld I can be done along the line of repairs. FEW HAVE REGISTERED COMPARATIVELY SMALL NUMBER OF VOTERS ON BECOBJD, A TO-naK T 7--n (1 Toward tllO End ox xue xuue auunsu Interesting: Incidents. Registration of voters is not progressing very rapidly. Citizens are in no hurry to perform, the simple act now necessary ta enable them to exercise the right of suffrage. From the opening of the regis tration records, a short time ago, unt.l tho present, voters have been coming in at about the rate of 140 to 150 a day. It thli pace is continued without break, and tha vote of the city and county is no larger than at the last election, there will bare-y be time for finishing registration in the period now fixed. But a heavy flow is expected towards the latter days. Tne vote of Multnomah county should bo larger by a considerable amount, than it was two years ago, unless registration seriously prunes the total down. Many persons delay such matters as registration until towards the last, when warned that it is now or never. Several questions have occurred during the progress of the work, some of which require careful consideration. In soma instances County Clerk Holmes reaches a conclusion, and sometimes he asks the assistance of the district attorney. There Is no immediate prospect of anything aris ing thus far being adjudicated, unless it is a very few cases of persons who have lost their own naturalization papers, and are unable to furnish information as to where they can be duplicated. This obtusenes3 Is not regarded as necessarty intended to cover a wrongful purpose. Some men have actually had naturallza-. tlon papers which were obtained years ago, and the places where they resided before the present did not have laws re quiring their use in exercising the right of suffrage. The papers have been lost so long, and the early periods of their Ufa in the United States have become so dim in memory, that they are really unable to state where their papers were Issued. To the credit of Intelligence, it may be said that this number is very few. A question of what is legal evidence in the case of persons of foreign birth com ing to this country w 1th their parents be fore reaching their majority has caused some difficulty. Clerk Holmes deliberated over the matter, and decided that they were on the status of persons having nat uralization papers, so far as furnishing proof of what they claimed was concerned. It was therefore held that they must ex hibit the naturalization papers of their parents, or other Satisfactory legal evi dence of the coming to this country a3 claimed. But fearing some injustice in tho premises. Mr. Holmes referred the matter to District Attorney Sewall. Mr. SewaU has reached the conclusion that such per sons must be registered on their bare oath, as all native-born citizens are. Tho statute declaring them citizens if they come to this country while minors and remain until 21, he Interprets as making them full-fledged citizens, which fact need not be proven by any papers. Peculiar cases are constantly arising ot a perplexing nature to any save a lawyer and even the Philadelphia variety might be necessary to decide some of the prob lems. One Scandinavian claimed citizen ship because he was born under the Amer ican flag. His parents were coming acrosa the Atlantic In a steamer flying the Amer ican flag when he first saw light. Hold ing that an American vessel was as much a part of the American nation as one ot Its men-of-war, and that he was, there fore, born in America, legally, this man would not condescend to furnish papers or proof of what he asserted was true. Ho insisted on taking the oath as to tha verity of his statements, like all native citizens of the nation. The privilege was granted him. One well-known resident of the city, who has voted in every Portland election for years, appeared and asked to be regis tered. He admitted he came to this coun try without his parents, but said for tho past 28 years he had voted as a citizen, without papers, for he had never taken any out His name could not be regis tered. The case of ex-soldiers of foreign birth, who present enlistment and discharge pa pers from the United States army, has been passed on before. Many of these be llee such entitle them to all rights o citizens, including the franchise. Tho office of the clerk holds that such papers are only intended by the law to take tha place of first papers in the naturalization process, and If they are not followed up by completion they are useless for regis tration. To show how slowly voters are placing their names on the record. It will be In teresting to note the proportion that hava registered In some ot the precincts. In precinct No. 1 there were 23G votes cast last election for governor, and to data only 23 have registered from there. In No. 12 there Is 23 registered, out of 23a last election; in No. 11, 35 out of 252: N 10. 31 out of 397; No. D 44 out of 271. By this It will be seen that a very small percentage have come In. The total by precincts up till last night was as follows: No. N . Precinct reg'd.l Precinct. reg'd. 1 234t 41 2 45 42 35 3 .IS 41 21 4 5n44 Tl 5 37H5 31 B 67 48 17 7 38 47 41 8 43 43... 34 9 44 49 3D 10 31P0 26 11 36151 23 12 23 52 Woodlawn ... 2D 13 49)53 Peninsular ... 7 14 .....t. 43154 Portsmouth ... 9 15 49153 St. Johns 5 16 23156 ColumbK 3 17 55(57 Mt. Tabor 23 13 235S S. Mt. Tabor.. 11 r 35'59 Woodstock ... 20 21160 Lents 21 24 61 Kllgaver 22 58162 Montavilla ... 23 4SI63 Russellvllle ... 2-1 POI64 "Rockwood .... 25 32165 Fairvlew 15 26 0166 Troutdale .... 18 67 Gresham 5 28 45 68 Powell's Val.. 29 24 69 Hurlburt 7 30 26 70 Bfower 31 42171 Bridal Veil 22 11 72 Warrendale .. 3 33 20173 Reeder's 34 25174 Willam. Sl'gh .. 35 28J75 Holbraok 36 25i76 LInnton 1 37 28177 Sylvan 7 38 447S Mt. Zlon 6 39 36179 Bertha 5 40 5280 West Portl'd.. 3 Total UT3 THE MONOTONY OF TRAVEL ING BY RAIL Is Done Array "With, to a Great Ex tent, by the Introduction of Improved Eqnlpinent. To a passenger traveling from Portland east by the "Portland-Chicago specal," the tedium of the journey is relieved by a visit to the library car. This car con tains a buffet, library, writing-desk, etc., for the accommodation of sleeping-car pas sengers. Here one may select a book from the large assortment contained in the library. The current magazines ard daily papers are also on file, and a writing-desk, supplied with stationery and all facilities for correspondence is at the dis posal ot the occupants ot this car. While perusing the papers, or the latest novel, the train la rushing steadily on ward, without perceptible jar, and you reach your destination before you are aware of it. . Full, information regaring tho two routes to the East offered by the O. R. & N. Co. can be had by applying to Mr. V. A. Schilling, city ticket agent, ZA Washington street