DESK STUDIES FOR GIRLS: THE LAW
(Copyright, 10CO,
THE ORbGONlAN'SJIOMESTUDY CIRCLE:
VII. THE XAW RELATING TO 3IAR
RIED WOMEN.
BY ALBERT S". BOLLES, LI D.
By the common law marriage had a. curi
ous effect on a woman. She almost ceased
legally to be. She could make no con
tracts, and her husband klndiy relieved
her of pretty neany everything sne had
In the way of property. He was the
owner even of her clothes, any candy sm.
might have In her pockets, her railroad
ticket or any other thing which he thought
worth having. On the other hand, he
was bound to support her, and even the
little bllis ehe might have contracted be
fore marriage, lor millinery, dressmaking,
soda water, rouge and the like, he was
legally bound to pay. So, too, in the eye
of the law and In his presence she could
do no wrong, and this was very delightful.
She might be a real virago and thrash a
man before her husband's eyes, yet in law
what a. curious thing the law is) she had
done no wrong; her husband was the sin
ner, and had to suffer for it. If she
could sue no one for any wrong done to
her, on the other hand, no one could sue
her alone; her husband must be made a
party in all cases.
This legal relation was based on the
idea that by marriage the two- persons
were blended into one, a kind of Siamese
twin affair, and that public policy re
quired they should be kept as closely to
gether, during all weathers and on all oc
casions, as possible. Consequently she
could make no contracts, for if this were
permitted ehe could forthwith assert some
independence, on which the law coldly
frowned. She could not even make a
will and give away her property, still less
make a gift during her lifetime. In
short, from one point of view she was the
nearest to zero of any living thing.
Then equity, not law, began to have pity
on her, and come to her relief. It declarec
thatif she had any Teal estate before
marriage or that if any good uncle should
remember her afterward and give her a
corner city lot or a farm, she might still
hold Jt as her own. Her husband might
be perfectly willing to take It, but she
could keep it if she wished, and make a
contract with reference thereto that would
be binding. Such a contract equity up
held as a charge on or against the real
estate. In other words, the other con
tracting party might lend her money on
the security of her Teal estate, and in tne
end take it if the debt was not paid. Her
personal property, however, her stocks,
bonds and the like, all went by the com
mon law to him, and thus she was re
lieved of all thought of taking care of
them. Possibly the learned Judges may
have thought that by giving her such a
unique position among the daughters of
women they were favoring marriage,
which the courts, whatever others may
think, have always regarded as desirable
for the well-being of society.
As the trembling steps of equity in favor
Df married women did not result In the
overthrow of the happiness of the family,
hut rather tended to strengthen it, the
legislatures gradually began to set aside
the common law and permit married
women to keep their property and to
make contracts in relation thereto. Be
fore giving the more important of these
-changes, it may be noted that by common
law, when a wife's husband left the coun
try or permanently abandoned her, she
had almost the same rights as an unmar
ried woman. Again, if he were civilly
dead, for -example, if he were banished,
outlawed or imprisoned for life (which
many doubtless regard as an uncivil
death), his wife could eue and be sued
and make contracts just as she could be
fore 'this strangely civil thing had hap
pened to him. But the Insanity of a hus
band has never endowed her with similar
freedom.
It may also be stated that, while the
happy effect of marriage often is, and
rightly, too, to add somewhat to the dig
nity and importance of the parties In so
ciety. It has not the magical effect of re
moving their minority If they happen to
be under age at the time of marrying.
Marriage may have the effect of taking a
good deal out of them in the way of
money, temper and the like, but they are
infants still. An infant husband may
feel very proud over his feat of marriage,
but in law he cannot make a contract for
a single more, goose egg than he could be
fore. And if "both are Infants, as they
sometimes are in more senses than the
strictly legal one, they are under the
same disabilities to make contracts for
any other purposes than necessaries until
they attain their majority as are other
infants.
By statute law a married woman can In
every state probably make a will and dis
pose of her property as freely as an un
married one, except so far as the hus
band may have some rights in her prop
erty, as she has in his. Thus, in nearly
every state, if not all, a married woman
is entitled to the use or Income of a part
(usually one-third) )of her husband's real
estate after his death, and he cannot by
his will cut her off from this right. This
is called her dower. If he should give
her other property, stocks, bonds, etc,
thinking she would prefer them, she could
reject these and stick to her Tights in his
Teal estate. Sometimes she does so. When
she thinks she can get more from this
than the personal estate given to her,
unless her love for him gets the better of
her love for the larger possible Income,
she declines to receive that given to her
by the will and elects to take his real
estate under the law. Usually when he
has tried to cut her off with an Inade
quate or improper sum, her affection for
him has not been so far raised by the act
as to hllnd her eyes to the larger possi
bilities. In this same connection something may
be said concerning deeds of real estate
given by married persons. As a married
woman has a right of dower In her hus
band's real estate. In many states he
cannot give a valid deed to such property
unless she signs It with him. This Is not
the law in all of them, especially the. older
states. On the other hand, he must jdln
with her in a deed for the sale of her real
estate. At common law, before equity
regarded her, he had an actual estate to
6ell and convey; but even now, though
her real estate is actually held as her
own, he must In most cases sign the deed
with her to make the sale and transfer
valid.
Turning from real estate to personal,
very generally a married woman can keep
her personal estate and the income there
from quite as effectively as she could if
unmarried. This applies to the personal
property she may have at the time o:
her marriage or that is gained afterward,
either by gift, purchase or labor. In
other words, she can hold and manage it
quite as freely as she could if there were
no husband around. Nor has- any serious
harm resulted from this change in the
law. It is true that the husband Is less
of a family king than he was before, is
more docile if she carries the bag and
does not lose it, but the great fear of the
judges of the olden time that such a
change in the marital Telatlon would lead
to marital war has proved to be without a
real basis.
Another change in the. law affects the
married woman's right to engage in busi
ness. So long as she could make no con
tracts, of course, she could not be the
active party in any business. The only
way she could then act was through her
husband. If a woman wished to conduct
a millinery store, her husband, however
worthless he might be, was the only
agency through whom she could act. In
many cases she went into business be
cause of his inability or unwillingness to
support her, or perhaps support himself.
And yet she was obliged to act through
him. Pennsylvania was one of the first
states to start the new movement by en
acting that a married woman could en
gage in business and make binding con
tracts while her husband was at sea.
From this mustard-seed has grown up
by Seymour Elton.)
DIRECTED BY PROF: SEYMOUR-EATON
the law around this subject. Today, al
most everywheie, bhe can engage in busi
ness and make contracts with as much
freedom as an unmarried woman. .One
limitation on her pvwer relates to the in
dorsing or guaranteeing of notes. She
cannot indorse or guarantee the debt 'ot
anotner. But she can indorse a note ot
her own. Thus, if A made his note pay
able to B, tho wished additional secur
ity, its Indorsement by a married woman
for As accommodation would not be
valid, and she qould escape payment if
she pleased. But if she took a pote lu
her business for goods that she had sold
payable to her order, and she wished to
raise money on It by having it discounted,
she could Indorse it, and if it were not
paid by the maker, she would be held
as indorser if the .proper steps were taken
to fasten her liability. The difference be
tween the two cases, we think, is plain.
Though the form of. indorsement in each
case may be the" same, In the one case she
indorses for the benefit of another, who
gets the money; in the other case she in
dorses for her own benefit, and receives
the money herself.
A married woman could give a power of
attorney, a written authority to another
to do something relating to her separate
real estate, whenever she was permitted
to hold It, but she could not give one for
any other purpose. Yet it has been ques
tioned whether she could sell, through
another, her separate real estate; in other
words, whether she could authorize an
agent to sign a deed for her. It is said
that in those cases In which at the time
of signing a deed she must be examined
apart from her husband, for the purpose
of finding out whether the sale is volun
tary on her part and free from all Influ
ence by him, she cannot sell through an
other, because if this were done, she would
avoid the needful examination. In other
cases, where such an examination Is not
required, she :an appoint an agent or at
torney to act for her and sign the deed.
"When this Is done her husband must
sign the power of attorney, just as he
would the deed Itself. In other words,
the paper or instrument she signs he
must sign, too.
By the mpdern law a married woman Is
liable for all the wrongs, or torts, as they
are called, which she commits. She is
liable for slander, for fraud, for burning
property, poisoning geese, etc. She may
be liable even for the wrongs of an agent
appointed by her, though at common law
she could not be, because she could not
contract, and therefore could not appoint
an agent. For wrongs of any kind, ex
cept those against; the man she marries,
done before marriage, she is liable after
ward, the same as though she were un
married, and generally her husband is
liable also. She also continues liable for
crime committed before marriage, and
may be prosecuted for any crimes she
commits afterward, with a few exceptions,
in which her husband is also an active
participant, and, being so, is deemed the
sole offender.
An interesting rule of law In its appli
cation to women is the statute of limita
tions. If A owes B a note drawn In the
usual way, which is not paid at the end of
six years, the law presumes nevertheless
that it was paid and B cannot sue A for
the money. The statute cuts off his right
to sue. B cannot get anything from A
unless he Is willing to pay, or makes a
new promise that he will pay it This
statute does not apply to- married women.
Thus if A should owe C (a married wom
an) a note that became due while she was
married, and, he did not pay it within six
years, her right to sue him is not cut off.
The reason given for this rule is that a
married woman cannot sue alone, and
therefore her right to collect the note Is
not perfect as long as she is a married
woman. Of course, she would' be obliged
to sue within six years after the end of
her marriage relation, or lose her right
to recover at all. It Is contended In some
of the states, where her right to sue on
contracts is as perfect as though she
were unmarried, that this rule no longer
prevails, and that there is no exception
in. the statute of limitations In her favor.
The wide departure In the law with Te
spect to the legal rights and liabilities of
a married woman may be Illustrated by a
recent case In Kentucky. A married
W.oman died and her husband declined to
pay the bills of the physician and the un
dertaker. Naturally enough, the law has
gone so far in permitting a married wom
an to keep her property and make con
tracts that the sorrowing husband may
have thought that his wife had made a
contract with both the doctor and the un
dertaker, and If she had, respect for her
memory should keep him from interfering.
The court however, decided that a hus
band ought to pay such bills, but if he
failed to do so her estate could be held
for them. A similar decision was ren
dered not long ago Jn Pennsylvania. In
like manner If a dying woman should make
a contract for her gravestone her estate
clearly could be held for the amount. '
University of Pennsylvan'a.
Note This paper concludes the "Desk
Studies for Girls." An examination will
be set on January 31 as the basis for the
granting of certificates.
SALMON OF ALASKA.
Report of Special Asrent Kutehln
Industry Needs Protection.
WASHINGTON, Jan. 26. One of the
largest and most comprehensive reports
so far submitted to congress is that of
Howard M. Kutchln. an agent sent to
Alaska by the treasury' department in the
Interest of the salmon fisheries of that
territory. Mr. Kutchln's Teport Is com
plete in every detail, and is supplemented
by a very extensive statement by TV. S.
Ballard, who made similar inquiries in
Southern Alaska especially. The depart
ment, and government officials generally,
are extremely Interested in the protection
of the salmon and other fish of Alaska,
and their anxiety has been increased be
cause of the fact that the large salmon
canneries have been making such large
hauls each year that it is feared the gen
eral depletion of the fi?h will follow, as
it already has in some localities.
Mr. Kutchln visited all of the leading
canning districts in Alaska, investigated
their methods, and saw where the meth
ods pursued were extravagant, and where
discretion was exercised in the catches.
His report shows the Alaska Packers'
Association to be the largest company of
this sort operating in Alaska, The capi
tal stock of this company, which has can
neries all along the Alaskan coast, is
estimated at $5,000,000. with par value at
52.100.C00. The Packing & Steam Whaling
Company Is next, with a capital stock of
$2,000,000, and a number of smaller .com
panies and firms, with an aggregate capi
tal stock -of $8,450,730. and owning property
valued at $3.149.0S2.
He states that Hoggiung, at the head of
Bristol bay, the most extensive cannery
of Alaska, is the most northerly point
which the Industry reaches. It Is beyond
doubt the greatest salmon ground In Alas
ka, and has thus far withstood the drain
that has been made.
Much as they are needed, there are not
more than three well-equipped hatcheries
In Alaska, and they are operated by pri
vate Interests. Mr. Kutchln says that al
though it Is reported that the pack is en
larging from year to year, this statement
Is misleading, as the pack has not been
maintained, much less increased. The
salmon have continued In equal abund
ance, but the machinery of the business
has been decidedly enlarged. In South
eastern Alaska the pack does not hold its
own, and many packing establishments
have closed. On the -other hand, tho fish,-
erles of Behribg sea have" increased, and
on Bristol bay the pack has grown largely
about four-tenths of the entire pack be
ing put up there. But even then It can
not prove equal to the demand, and the
extinction 'of the iisheties is threatened.
It is concluded that the Alaskan fish
eries are doomed unless swift and thor
ough measures are put into effect. A gerf
erous system of propagation and restrict
tion'-of the number of canneries and lim
itations of the pack at each factory, and
perhaps the curtailment of the fishing
season are given as the, only means of
saving the industry I
During the season of 1SSD th 6alm6n
taken in Alaskan waters were valued at
$3,843,734, aggregating in cases a total pf
l,t5,koQ; in l&Ds the pack-was valuediat
$3,554,liS . -
'' ' H ""
BELIEVES IN THE BOERS.
Sympnthy- of. Catholic Press Er
Xiluinctl by the Monitor.
San Francisco Monlton
The Catholic press of the United States
undoubtedly lavors the Boeis In the pres
ent bloody contention. But not, as the
Independent affects to believe, because it
is "mostly Irish or German, and there
fore anti-British." Nor doea the attitude
of the Cathoiic. press illustrate rellg.ouif,
overriden by political, prepossessions. The
Independent wholly misapprehends or mis
represents the motives ot the Catholic
press. The latter favors the Boer cause
because It Is convinced of the justice of
tnat cause. Because it bedevte that moral
obligations should bind nations as welLas
men. Because it maintains that murder
and piracy are no less heinous when com
mitted by governments than when perpe
trated by individuals. Because it ho.ds
that a strong power has no more right to
steal by force or otherwise the territory
and possessions of a weak one than a big
man has to plunder and maltreat a sma.l
one.
The Catholic press, moreover favors the
Boers in the present contest, because it
conceives It to be the duty of genuine
Americans to uphold the hands of patriots
everywhere righteously struggl ng In de
fense of their liberties. We fail to con
ceive how any American, sincerely be
lieving in republican principles, and insti
tutions, can consistently assume any cher
attitude. We cannot understand how such
an American can withhold his sympathy
from o numerically weak people, resisting
the aggressions of a powerful empire seek
ing to destroy Its Independence and iden
tity. The Boers are fighting for the preser
vation of republican principles and Inst.tu
tions in South Afr.ca. If we believe that
our Revolutionary forefathers were justi
fied in their victorious course toward Eng
land, we are bound to concede the justice
of the cause of these South African re
publicans. ,The American colonists re
sisted British tyranny and threw off the
British yoke. The Boers are simply en
deavoring to prevent the fitting of the
British yoke to their necks. They arc
defending their independence and property
against the unholy greed of the vampire
nation whose only justification for Its
action is brute might to enforce its will.
It would be very remarkable. Indeed, If
real Americans firmly adhering to repub
lican faith and principles, should find
themselves out of eymapthy with any peo
ple manfully battling for the blessings of
self-government, which we treasure as our.
most sacred heritage.
That certain alleged Americans do not
regard the Anglo-Boer conflict from this
point of view is not surprising. There have
been tories in the camp of republicanism
during all the crises in our own national
history. Toryism needs no elucidat on. It
stands self-revealed. Anglo-maniacs who
defend England's course in the consp!racy
against Boer freedom repeat the v:le cant
under which tory foes of American re
publicanism masked their treason In the
past.
The attitude of the Catholic editors of
the United States 'toward the Anglo-Boer
controversy is essentially American. It la
the only logical attitude for patriots and
republicans. They favor the Boer cause,
therefore, not because they are "mostly
Irish or German, and therefore anti-British,"
but because they are loyally Ameri
can. American in their faith in republican
principles and Institutions; American in
their sympathy for the republican aspira
tions of struggling patriots everywhere;
American in their devotion to the cause
of freedom and popular self-government
and all that It stands for.
That the Boers are Protestant In creed
perhaps narrowly Puritanical on their re.
llgious side does not matter. The issue
at stake Is, In no sense, a religious issue.
Catholic political and humanitarian senti
ment is not molded on religious prejudice.
We do not begrudge any people their rights
because they differ from us In religious
faith. Nor could we condone the present
British attempt to crush a weak power and
rob a weak people of its political birth
right, even though the Boers were in
finitely more hostile to the church than
they are sometimes represented to be. That
phase of the matter has nothing to do with
the case.
DAILY CITY STATISTICS.
Real Estate Transfers.
James Surman to Mary Jj. Surman,
lots 1, 2, 7, 8, and N. 20 feet of lo.s
3 and 6, block 12 East Portland; also
lot 1, block 10, Cloverdale Extension;
January 30 $500
Same to same, S. 75 feet of block 12,
East Portland; March 2, 1SS5 5
Same to same, lot 5, block 50, Caruth
ers' addition; March 2, 1895 600
Perry G. Baker and wife to James '
Surman. lot 5. block 50. Pnnithora'
addition; November 27, 1894., 1500
XievI D. Coffman to Sarah I. Donald
son, lots 2, 3, 4. 7, 8, block 1, Car
ter's addition, East Portland; Jan
uary 29 333
Portland Trust Co. to Bessie, Frances
and Alice Riach, undivided 105-305 In
terest in W. lots 17, 18. block 279,
King's and Couch's addition; Jan
uary 13 1
Crelia JLanduccl and husband, to Raf
faele Bonofigho, lot 1, block 72, Ca
ruthers' addition to Caruthers' ad
dition; Januarys 3100
Sheriff to George Black, lot 19, block
6, Alblna; December 6. 18S9 630
W. Guthrie Milne to James Fender, 21
acres; January 27 . 200
Fred Ifoward to Title Guarantee &
Trust Co.. lots 8, 9. block 4, Queen
Ann addition; April 6, 1895 1
John Buzbee and wife to Albert Lln
gren, 5 acres In section 20, T. 1 S..
R. 3 E.; May 26. 1S90 250
Albert LIngren and wife to Fred A.
Howard, same; January 29 150
Births. y,
January 24. girl, to the wife of John
Grimm, 313 Pine street.
January 28, boy, to the' wife of Harry
N. Robinson, city.
January 25, boy, to the wife of Nels S.
Wilson, 517 Borthwlck street.
January 23, girl to, the wife of "William
J. Kiffo, 497 North Twenty-first street.
Deaths.
January 27, Julia Schlathauser, age CO
years, 916 Garfield avenue, heart failure.
January 28, Michael Linden, aged .72
years, 729 Pacific street, obstruction of
bowels.
January 28. Richard Fay, age 30' years,
20 East Ninth street, valvular disease
of the heart.
Contagious Diseases.
Mr. Spaulding, GS5 Karl street, typhoid
fever.
Helen Slelpery, 335 Flfthtfeetfy&ioiu
fever.
Roxanna White, aged 13 years, 946 Mis
lssippl avenue, diphtheria,
George White, aga 11 years, 946 Mississip
pi avenue, diphtheria.
Bnildlngr Permits.
Dora Corbln, two-story dwelling on East
Morrison street, between East 'Eighteenth
and East Nineteenth, $1500.
Standard Oil Company, repairs to ware
house, $5000.
Marriage License.
George A.. Housman, aged" 25, Clatsop
county, and Nellie Hembree, aged 23.
a a
Pain' In fViA etto Tn-1. nl....... -.
from a disordered liver and i ntvJJtiS
relieved by Carter's Little Liver Pills
Don't forget this.
PASSED INTO NEW HANDS
FilEivcd pAxAma SAxah fcdamAxY
TO ' AMEhlfcAxfe:
5lillerit b XeWV i'bffc fcapltalists
Buy Ue " IiCHSepd' fenterprlse
London Times'' fcoinment; t
Thfe London Times of January 11 pub
lishes from a special correspondent what
purports to be inside news relative to a
new ownership o the De Lessens Pan
ama canal. It says:
Since the Panama .scandals ra'ged In
France a few years ago, little has been
heard of that dream of the late M. de
Lesseps' life, the canal 'across the Isth
mus, its place In public Interest having
been taken by the Nicaragua project.
Indeed, discussion during the interval has
assumed that the failure was not mere
ly financial In its character, but engi
neering as well. New interest has, how
ever, been given to the whole question
by the course' of events in America dur
Ing the past two or Ihree years, and by
the announcement just made public that
a new company entirely American 'as to
capital and direction has taken over all
the rights both of the original Panama
Canal Company and of its successor. The
former company, as shown by the receiv
ership proceedings, had incurred a JotaJ
expenditure of about $156,400,000, of which
about $88,600,000 was for cost of excava
tion and embankment proper. The suc
cessor French company was reorganized
with a paid-up capital of 65,000,000 francs,
about one-half of which has-been cau
tiously expended on construction since Jt
assumed control of the property and
rights of the original company.
About two years ago the new French
management sought to extend their scope.
For this purpose there was organized in
New York an auxiliary company known
as the Panama Canal Company of Amer
ica. Up to that time attention had been
concentrated almost wholly upon the Nica
ragua scheme, because, by the accession
of a new president with strong influences
behind him, it was hoped to overcome
that opposition to government aid which
had been so potent during both of Presi
dent Cleveland's terms of office. ,One or
two commissions had reported against the
practicability of the canal, and the or
iginal company, in spite of its decided -political
and party connections, had also
failed to command the necessary money.
But the changed conditions Inspired Its
promoters with the hope that they might
command not only all the diplomatic re
sources of the government of the United
States, but the assistance of Its credit to
the extent ot $100,000,000 or more. It a
probable that, but for the Spanish com
plications which confronted Mr. McKin
ley upon his advent to power three years
ago, and the resulting war, the Nica
ragua company would have carried Its
point In the congress which closed by
limitation in March last. 0 l ' .
By this time, however, the new Panama
company had been ab'.e to make some
impression upon congress and public sen
timent, a condition due to the initiation
and the work of Mr. William Nelson
Cromwell, of New York, one of the lead
ing corporatlqn lawyers of America at
the present time. He haa never been in
politics, and yet his relations with lead
ing men in both parties, but especially
with financiers, gave him perhaps a bet
ter standing with public bodies than if
he himself had been known as an active ,
politician., In any event, he went ener
getically to work upon his new project.
The first necessity was to gain time.
This was given by the passage of ah
act only one day before the adjournment
of the last "congress, authorizing and di
recting the president to appoint a new
commission, which, in the language of the
president s message, was "to examine the
American Isthmus at every available
point, in order to determine the most
practicable and feasible route for a ship
canal across that Isthmus, with Its prob
able costo and other essential details."
The commission, appointed in June last,
cons'sted or Rear-Admiral Walker, of the
United States navy, as chairman; Samuel
Pasco, a former United States senator
from Florida; Colonels Ernst and Halns,
of the engineer corps of the United States
army, together with three eminent engi
neers from private life, and two profes
sors of engineering in leading universities.
This body held sessions in Paris for about
two months during last summer, examin
ing all the plans, of both the .Panama
companies, consulting with engineers and
givjng careful attention of q.11 that had
been done toward carrying out M. de
Lesseps' Ideas.
During this time Mr. Cromwell was in
negotiation with the prornoters and di
rectors of the companies, and with the
various public and judicial authorities
having relations to the question. He suc
ceeded in Inducing the directors to ap
prove the change by which the Panama
Canal Company should cease, to be a
French corporation, all Its rights and
powers, together with those of the Amer
ican auxiliary company, being merged In
the new company just now organized
under the laws of the state of New Jer
sey.. He also carried back with him, on
his return in November, full powers from
the French company and other interested
parties and authorities to sell all their
interests to the American company. Since
that time he has completed the finan
cial negotiations already wellj under way
before he went to Paris. The principal
parties in interest are Messrs. August Bel
mont & Co.; Kuhn, Loeb & Co.; Levi P.
Morton, formerly minister to France, and
later governor of New York; J. Edward
Simmons, president of the Fourth Na
tional bank; Charles R. Flint, Edward
Sweet & Co., George Sheldon & Co., Bar
ing, Magoun & Co. and George W. Young.
president of the United States Mortgage
& Trust Company, all of New York.
The French company will transfer to Its
American successor the canal, with all
rights and appurtenances, and, upon com
pletion of the work, ownership of the
Panama railway will aIso Pass to the
new company. The original, or De Les
seps, .company retains only an equity in
the form of a percentage of net earnings
after the payment of operating expenses,
fixed charges and a dividend on the capital-
of the new company. The considera
tion to be paid to the French company
is mainly in the form of shares In the
American company," which expects to raise
the $100,000,000 estimated to be necessary
for completing the work by the Issue of
bonds.
The Panama Canal Company of Amer
ica filed its articles bf Incorporation at
Trenton, N. J., December 27. Its capi
tal is fixed at $30,00,000, with power to
increase. Its purpose is set forth to, be
the acquisition of the property and rights
of the French Panama Company In a
maritime shlR canal and a railway across
the isthmus. It also reserves to it3elf
'power to operate ships and steamship
llnoc fn vyxr rro f r? no ccanrrora n vA t
chandlse; to construct and maintain
wharves and warehouses, "telegraph and
telephone lines, and to enter into such
arrangements with any government as
may conduce to Its object and assist In ob
taining rights, privileges and grants.
The plan of construction, under which
the French" company is now carrying on
It3 work is Indorsed by an international
commission made up of well-known engi
neers in France, Germany. Russia, Eng
land and the United States. -Among these
are Mr. W. H. Hunter, chief engineer of
the Manchester canal; Mr. Fulscher, con
suiting engineer, and Mr. Koch, a mem
ber of the commission of the Kiel canal.
The commission estimates the cost of the
completion of the whole work at some
thing, over $102,000,000, with a possible ad
dition of about $23 000,000 if both Jocks on
the route are made to an extra width.
The concession from the Colombia gov
ernment runs until 1910.
The effect of this new comblnatibn Is
likely to be far-reaching, not only In
America, but throughout the commercial
world. The Nicaragua scheme received a
b""" ucoi ui ire iiiipeiua iiuiii me ais-
PPte between Great Britain ana the United
fetHtei; br8ught to a crisis and a peace
ful sSttlefrient, as the result of the Vene
zuelS. inessage of President Cleveland, and
the arbitration proceedings that followed.
F6F thfe first time the people of Amer
ica Began to thfnk seriously of an Isth
mus canal to be entirely under "their own
control and less remote from the bound
aries of the country. Then It was that
the proposition to give national aid to such
a project began to be entertained with
patience. There was no opposing scheme,
the scandals In France and the assumed
failure of the Panama canal as a prac
tical project taking it out of the account.
Now, however, all this is changed. The
"Venezuela dispute, has not only been set
"tled, but it has left England and Amer
ica on. better terms than at any period
in their separate history. The Panama
scheme has again attracted attention as
a practicable one. with still 10 years of
the concession to .run, while the .gov
ernment of Nicaragua has already de
clared, Its concession1 forfeited on the
ground of nonfulfillment of the 10 years'
terms stipulated In the contract. In ad
dition to all this, America has been and
is still engaged in costly wars, so that
its people are not nkely to vote $100,000,000
to be expended on a' project outside their
boundaries when anotner company, no less
American, professes its willingness and
ability to construct an Isthmus canal at
its own cost within four or five years.
In addition to that delay which Is. an ele
ment In such a case, the exigencies of
domestic politics in a presidential can
vass, the desire to procure legislation In
favor )f subsidies, and other matters
deemed " Important by the ruling ele
ments, will almost certainly enable the
reorganized rival to make a hopeful con
test Editorial Comment.
The Times said editorially January 12,
anent the news:
It would be curious and Interesting If
the people of the United States, who so
long regarded with a jealous eye the
grandiose project of M. de Lesseps for
piercing the isthmus between the Carib
bean sea and the Pacific ocean by the
Panama canal, were now to acquire a
dominating influence over that great work.
We published yesterday a communication
from a correspondent which goes .to prove
that this may happen. For many years
past the policy of the United States has
turned rather to the possibility of carry
ing out the earlier scheme of the Nica
ragua canal, which had been the subject
of the Clayton-Bulwer treaty of 1830.
The provisions of that instrument, hastily
drawn up and imperfectly understood by
the contracting powers, left a disagree
able topic of controversy open between
Ihe governments of the United Kingdom
and of the United States. There has been
a good deal of discussion between the two
governments within the last 20 years,
since the resuscitation of the Panama
canal plan by M. de Lesseps called the
attention of Americans to the- rival
scheme, and still more controversy, of
an, equally barren character, in the press.
The collapse of the Panama company,
which was so grievous a disaster to
France, appeared to offer tho prospect
of a more successful moyement In Nica
ragua, and with the accession to office
of President McKinley, It was hoped that
the adverse Influences which had prevailed
to defeat that project while Mr. Cleve
land and his party were in power would
disappear. Not only had official commis
sions reported against the practicability
of the. Nicaragua canal,, but the proposal
failed to enlist sufficient support either
from capitalists or from the Investing
public. Nevertheless, It Is possible that,
if the Spanish war had nbt broken out,
the last congress might have iriven Its
approval to the scheme, and even voted
$100,000,000 or more for carrying it out.
The conflict with Spain, and Its conse
quences, made a postponement inevitable.
Just before the last congress came to an
end, an act was passed authorizing the
president to appoint a new commission
to examine Into the possibility of all
available rqutes for a ship canal through
the Central American Isthmus, and the
cost and other incidents of each of them.
Meanwhile it had become clear that tho
French were thoroughly sick of the Pan
ama canal. The money of a frugal bour
geoisie and of hard-fisted peasahts had
been squandered with reckless profusion
By those who preyed upon the senile van
ity of M. de Lesseps, and nothing had
been done to advance the ostensible ob
jects of the company. The bankruptcy
proceedings showed a shocking waste of
capital, with little or nothing In return
for It. A new company was formed, with
a comparatively modest capital, "to save
the wreckage. It has gone prudently to
work, but it was clear that the French
investor would not carry his support of
it very far. The attempt to obtain finan
cial assistance In the United States has
led to the 'recent acquirement of all the
rights and powers of the Panama canal
companies by a new company organized
under the laws of the state of New Jer
sey. Able lawyers and experienced wire
pullers conducted the negotiations,, which
have practically turned the Panama canal
Into an American undertaking. It has
stronjr financial support among the capi
talists of New York, and In all proba
bility the public will be willing enough to
take a share in the risk, If there is a rea
sonable assurance that the enterprise Is
to be placed In ciapable and honest hands.
It should be added that an International
commission of engineers representing
England, Germany, France and Russia,
as well as the United States has lately
considered the technical aspects of the
problem. Their estimate Is that the total
cost, allowing for the enlargement of the
locks In excess of the original plan,
would be about 25,000,000. It is appar
ently believed that the works can be com
pleted well within the time limit of the
concession from the government of Co
lombia, which comes to an end In 1910,
and we can only hope, In view of the
gigantic engineering difficulties to be sur
mounted, that this estimate may not prove
too sanguine. The government of Nica
ragua, on the other hand, has declared
its concession forfeited by effluxion of
time, so that negotiations would have to
be reopened there if the United States de
sired to proceed with the scheme which
was in favor a few years ago.
Taking Into account all the circum
stances of the case, it would seem high
ly probable that the American people will
be not unwilling to allow the Panama
canal to be constructed by private enter
prise in preference to undertaking the con
structionat least equally costly and dif
ficult, and not, on the face of it, more
advantageous of the Nicaragua canal,
which would need a public subsidy of
some 20,000,000, or perhaps 30.000.000.
The revival of interest in the Nicaragua
canal was largely due to the Venezuela
controversy, when the people of the
United States, as our correspondent says,
"began to think seriously of an Isthmus
canal to be entirely under their own con
trol and less remote from the boundaries
of the country."7 But the Venezuela ques
tion has now been settled. The British
?.nd American governments are on better
erms than they have been since the two
nations' parted, unfortunately, in anger
and bitterness In. the last quarter of the
18th century.' The surrender of the con
trol ot the Panama canal into the hands
of American capitalists of course, guard
ed and governed by federal legislation
would obviate the risk of any Intrusion
of European Influence such as was viewed
unfavorably when It was supposed that
the ambitious Ideas of M. de Lesseps
might bo realized. If It be true that the
Panama canal can be constructed within
four or Ave years under American aus
pices, and without asking the government
of the Union for the expenditure of a
penny, the people of the United States
will not be eager to take up the rival
project, which must involve. It Is almost
certain, a very large grant of public
money, which may Introduce undesirable
complications into domestic politic?, and
which can hardly fall to lead to indefinite
delays. The French, already disappoint
ed in some of the political expectations
they had built on the Suez canal, will
doubtless bewail the cruel fortune which
transfers Into other than French hands
the reversion of the second and yet more
ambitious scheme conceived by the genius
of le grand Francals. For ourselves, we
shalj certainly not be disposed to view j
"with any kind of jealousy the completion
by Americans of at great undertaking
from "which, as the chief carriers of the
world's trade, we must necessarily derive
important benefits. We shall be the prin
cipal olients of the Panama canal, as
we are of the Suez canal, and we can
rely upon the shrewdness of our business-like
kinsmen to treat us in that ca
pacity on liberal business principles.
When the Nicaragua scheme was to the
fore, we were always ready to negotiate
for the modification, of the provisions ot
the Clayton-Bulwer treaty, and we must
assume that the government of the United
States, whatever view they may take ot
details, will resnect and stand bv the
1 principle of the "open door," as defined
in the .eighth article of the treaty, con
ceding equal .rights and applying them
not only to the Nicaragua canal, but to
every undertaking of the same sort.
Whether the guardianship of the water
way Is entrusted to one power or to a
body representing several powers Is of
comparatively slight Importance, so long
as the system of HbeTty and equality In
maritime trade Is maintained, as it ha3
now been maintained for a whole gen
erationthanks In no small degree to the
predominance of Brltlshv Influence in the
case of" the Suez canal.
SYMPATHY WITH BOERS.
This Correspondent Is Confident the
American People Take His View.
PORTLAND, Jan. 29. (To the Editor.)
I have read a communication from one
John Creagh, which Is printed in today's
Oregonfan. and as it Is a very long one,
I simply wish to comment on a part of
It a part which I think any sensible. Im
partial man would ndt write, but as It la
Mr. Creagh's opinion, I will simply give
mine. He says, with other thmg3: "We
hear that the majority of this republic
Is in sympathy with the Boers, but such,
is not the fact, as there are nine-tenths
of this nation In sympathy with. England.
The other one-tenth can be compared to
nothing more than the man with a whlte
brlmmed hat. who imagined that under his
hat was to be found the knowledge and
wisdom of the world." I shall ask Mr.
Creagh this .question: Where did he get
his information from, to be so sure of
his statements? I will answer this, on my
part, without being asked. After we saw.
read and heard of the many meetings
which have taken place and constantly
take place jn all cities and towns In all
parts of this country In sympathy with
the Boers, I can come to but one conclu
sion. I do not say that nine-tenths of the
people are for the Boers and the other
one-tenth are fools, but I think, without
prejudice to the present question, that
the majority of people of the United
States are In sympathy witn the Boers.
I do not feel like answerine any of Mr.
Creagh's remarks and assertions, as some
would likely be taken as personal, but
will conclude by leaving It to the general
public to consider whether my statement
of the facts, as I see them. Is right, or Mr.
Creagh's. HENRY LIEBE.
Brynn'g Tonr Enst.
New York World (dem.).
What stands in the way of a hopeful
campaign in New York for Mr. Bryan?
Chiefly the amazing folly of a continued
adherence to the fatal fallacy of free sil
ver at 16 to 1 a live candidate handi
capped by a dead Issue. New York is
enormously Interested and immovably
commltcd to honest money.
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The Diico U so low 03 to bo a second con
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Set of Teeth ....$5.00
Gold Filling: 91.OO
Gold Crown $3.00
Sll:cr Filling: CO
All work examined by professional manager.
Dr. J. 8. "Walter, reelotered dentist.
New York Dental Parlors
fl E. Cor. Fourth ani SJarrijos Sltztls
Lady always in attendance.
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WWWWVWWWV W WW v
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10
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AI-I. DRUGGISTS.
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Hooma.
AXDTTRSON. GTTSTAV. Attorney-at-Law....6t3
ASSOCIATED TRESS; E. U Powell. Ms: ...SOU
BANKERS LIFE ASSOCIATION, of Dea
Moines, la.. C. A. McCargar. State Auecc 302-3
BEHNXE. H. V I'rin, rernin Shorthand
School .............. ................. 211
BENJAMIN. R. W.. DentlHt 3U
BINSWANGER. DR. O. S.. Phys. & Sur 11-413
BRUERE. DR. G. E.. Phyilclaa 412-413-414
BUSTEED. RICHARD. Plug Tobacco.. ..Co2 UM
CAUKIN. G. E.. District Agent Trave.ers
Insurance Co. Tis
CARDWELL. DR. J. B Sid
CLARK.HAROLD. Dentist .314
CLE1I. E. A. i CO.. Mining PropcrtIes...313-81ii
COLUMBIA TELEPHONE COMPANY
604-003-000 007 013-614 Gli
CORNELIUS. C. W. Phys. and Surgeon 20d
COVER, F. C. Cashier Equitable Lire 30fl
COLLIER. I- 5., Publisher; 3. P. McGutre.
Manager 415-11J
DAT. J. G & L N 3X1
DAVIS. NAPOLEON. President Columbia
Telephone Co 001
DICKSON DR. J. F. Physician 713 714
DRAKE. DR Ft B . Phylcton 5.2 3J SU
DUNHAM. jfRS GEO. A Tlf
EDITORIAL ROOMS E.lsh'h floor
EQT'ITABLE LIFi: ASSURANCE SOCIETY.
L. Samuel. Mannger. F. Ci Cover Cah er 305
EVENING TELKGRAM 323 A.Jer stteel
FALLOWS. MItS. M. A.. Mnmixer Women's
Dept. Mutual Rascr'e Fund Lire, ot New
York , 603
FENTON. J D.. PhvMclan and Surj-eon .SCO 310
FENTON. DR. HICKS C. Eye and Ear 311
FENTON. MATTHEW F.. Dontist 30
FIDELITY MUTUAL LIFE ASS'N. E. C.
Stark. Manager .... .301
BRENCH SCHOOL (by conersatlon). Dr. A.
MuzzarelH. Manager 700
GALVANI. W. H.. Engineer ami Draughts
man ..... 600
GEAP.Y. DR. EDWARD P. Physician nnd
Surgton ......". ... 212 211
GIESY. A. J. Physician and Surgeon... 700 710
GODDARD. E. C & CO . Footwear, ground
floor .I2 -xi street
GOLDMAN WILLIAM Mannuer Manhat'an
Lire Insurance Co.. or New York .....200 211
GRANT. FRANK S.. AtrTney-at-law ... .017
GRENIEA MISS BEATRICE. Duntlat 703
HAMMOND. A. B 313
HEIDINGER.JEO. A. & CO.. Pianos and
Organ 131 Soc-h St.
HOLLISTER. DR. O C. Phvs. & Surg . 304 30$
IDLEMAN. C. M.. Attorney-at-Luw. 410-17-13
KADY MARIC'T. Manager Pacific North
west. Mutual Reserve Kunrf ZMe asn, .604-003
LAMONT. JOHN. Vlctt;Presi.ten and Gen
eral Manager Columbia Telephone Co 603
LITTLEKIELD. U. It.. Phy. ami Surgeon 200
MACRUM. W. S.. S-c. Oregon Camera Club. ,214
MACKAY. DR. A E., Phys. anil Surs....7U-71J
M XWELU DR. W. E.. Phys & Surjf 701 2-3
McCARGAR. C. A.. State Agent Bankers'
Lire Association ..... ................Su2-S03
McCOY. NEWTON. Attornev-nt'-Law.V."...r.713
MoFADEN. MISS iDA E.. Stenographer.... 201
McGINN. HENRY C. Attemev-c:-Lav..3Il-3U
McKELL. T. J.. Manufacturer' Rpresen:a-
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MILLER. DR. HERBERT C. Dentlit an 1
Oral Surgeon 008-coa
MO-PMAN. D!L E. P.. Dentist 312-313-314
MANHATTAN LIFE INSURANCE CO.. or
New York. W. Goldman. Manager. ... 200-210
Mcelroy, dr. j. g . Phys. sur 701-702 70J
McFARLAND. E. B., Secretarj Columbia
Telephone Co...... ......1..... ..... ....604
McGUIRE. S. P.. Manager P. F. Col.ler.
Publisher 413419
McKlM. MAURICE. Attarnev-at-Law 300
MUTUAL LIFE IXSURAVCB CO. cr New
York; Wtn. S. Pond. Stite Mgr.... 401-03-403
MUTUAL RESERVE FUND LIFE ASSN.
M. T. Kaily, Mgr. Pacific Nerthwest. . C(i4 003
NICHOLS. HORACE it. Atiornpy-at taw .713
NILES. M. L.. Cashier Mnuintian I.i( Ji-
surnnce Co.. ot New York. ...... ... . 2C3
OREGON INFIRMARY OF OSTEOPATH'',
Dr. L. B. Smith. C'teopath 4PM09
OREGON CAMERV CLUB ... .214-215-215 217
PERNIN "HORTHVND SCHOOL:, H. V
Behnke. Prln .....211
POND. WM. S . State Manager Mutual Lie
In-?. Co. or Nw York 404-1(1-103
PORTLAND EYE AND ER INFIRMARY.
Groural tloor. 133 Sixth tree
PORTLAND PRE5 CLUB 719
PROTZMAN EUGENU C. Superlntendot
Agencies Mutual Reserve Fund Life. t
New York CO
PUTNAM'S SONS. G. P. Publishers. ... .313
QUIMHY. L. P. W.. Game and Foresy
Warden T "IT
REED A MVLCOLM. Optk-!an-..I33 Slxtlutreet
ItFED. F. C. Fl'h Cnmml'wloner 40T
RYAN. J. B.. Attorney-at-Iaw .....417
SALISBURY GEO. N.. Section DJrectorLT
S. "Weather Bureau ... v.SIO
SAMUEL L.. Manager Enultabte Lire 300
SNDFORD. A. C A CO . Publishers' As 313
SCRIBNER'S" SON 5. CHAS.. Publlshs;
Jm'c Hobon. Manager.... .SIS-0-S17
SHERWOOD. J. W Deputy Supreme h-
mamler. TC. O. T M .., .317
FMITH. DR L B Osteopath 13-403
SONS Or THE AMERICAN REVOLl'TK .300
STARK. E. C. Executive Special. FMty
Mutuil Life Association or Phila.. Pa.. ...301
STARR & COLE Pyragraphy ,.403
STEFL. G. A . Forest Inspector.... 218
TT'XRT. PELL. AUorney-at-Law-.. .0130-017
STOLTE. DR. CHAS. E.. Dentist 1-703
SURGEON OF THE 3. P. RY. AND N
TERMINL CO 709
STROWBRIDGE. THOS H.. Executive t-
clal Agent Mutual Lire, of New York. -408
SUPERINTENDENTS OFF1TT-: ....... JPf
TUCKER. DR GEO F.. Dentist .... Oil
U. S WEATHER BUREAU 006-007i-003
U. S. LIGHTHOUSE: ENGINEERS. VI
DfST.. Captain W. C Langfltt. Corp
Engineer. U. S. A...... ............ .goj
U. S. ENGINEER OFFICE. RIVER fi
HARBOR IMPROVEMENTS. Captain.
C Langfltt. Corps of Engineers. V. S. . .319
WALKER. WILL H.. President On
Camera Club 214-2115-217
WATERMAN. C. H.. Cashier Mutual e
ot New Yorlc .400
WATKINS, Miss E. L.r Purchasing A" 710
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WHITE. MI5SX. E., Ass't See. Oregon t-
era Club 214
WILSON. DR. EDWARD N. Phys. & S04-3
WILSON. DR. GEO F.. Phys. & Sur .'707
WILSON. DR. HOLT C. Phys. & Surjj -SOS
WOOD. DR. W. L., Physician. 412-41 1
WILLAMETTE VALLEY TELEPH. CO .813
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"Write for circulars. Correspondend1!an
tlaL THE HEALTH APPLLVNCE rootat
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aV- Ji, "i.
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