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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Feb. 20, 1900)
THE MORNING OREGONIAN, TUESDAY, FEBRUARY 20, 1900. 5" BAKU'S NAPHTHA FIELDS 0WXB3D BY FORBiaanaRS, BUT TITLE IS IX RUSSIANS. Petroleum Predaot Second Only That of the Halted States Oil Is Used for FeL BAKU, Rttwta, Aag. 8. This olty has ke6 of the MMMaace of a. Russian town than any other place I have seen in the empire In the hotels the guests axe Eng lishmen, German, Belgians and other foreigners almost as generally as Rus sians. The largest commercial enterprises are dominated by foreign capital. All of this is due to the petroleum Industry and Its temptations. From the time when the Swedish capi talists, the Nobel brothers, began to de velop these naphtha aetds, to the present day, when the Rothschilds are the chief solders of productive properties, foreign capital and foreign energy have been the active factors in extending and operating the industry. So little have Russians shared in this that the government has tried to alter the arrangement by force of Russian law. A ukase of MM makes it impossible for a foreigner or a Jew to hold oil property la the Caucasus 'with out the permission of the governor-general of the Cauoasue and two o the cab inet ministers for each piece of land leased or bought. It has proved difficult to comply with that law, so that up to the present time none of the foreigners have obtained the right to hold property. All the investments, therefore, are held In the name of Russian subjects, on whose honesty the ultimate security of the real ownere depends. Baku has been celebrated for ages for its everburning naphtha springs. Those on shore have been attended at certain places by fire-worshipers from India, while the flow from the springs under the Caspian, floating on the surface of the water, has made gorgeous displays at times when lighted Even now this floating oil some times becomes ignited by accident or by intention, and the people of Baku are treated to marine fireworks of amazing beauty. The favorite place for this is not far from the city, and the time, of course, at night. I am. told that the most hardened tourists and the people who lived here longest are equally unable to resist the splendor of the exhibit, and go out to see it whenever it occurs, with unfailing regularity. The swells of the Caspiau, outlined in a sheet of Are, offer a display not to be paralleled elsewhere. The best-known work, descriptive and historical, of these oil fields is "The Re gion of the Sternal Fire," by Charles Marvin. But the industry has grown out of all recognition since that work was written, nearly M years ago. Today the petroleum product of the Baku field Is sec ond only to that of the United States, and the Rothschild interests, which control the product here, divide with the Standard Oil Company the markets of the world. One Important factor in the trade at Baku which does not exist in the American market is the enormous demand for naph tha refuse to be used as fuel on the rail ways and steamships of the empire. On the 1600 miles of the Transcasplan rail way, which has its terminus just across the Caspian from this port, no other fuel Is used. On the steamers plying on the Caspian itself this is the only fuel. The Pteamens on the Volga and the Kama rivers, the greatest river system of Rus sia, feurn nothing else. Thousands of miles of the Russian railway system In the European governments of the empire use no other fuel, and of course the Transcaucasus line, with Its terminus here, consumes nothing else. This trade acts as a governor of the market to a surprising degree. The refining processes can b mnnlfulntsd so as to yield more or loss refined oil and less or more resid uum at the choice of the refiner. When residuum is high on the market, he cuts down his yield of refined, and when illu minating oils are high he refines to the limit. The natural result Is that a bal ance is maintained man times in this market which would not exist if the world market were the only one to be consid ered. All the conversation in Baku turns on naphtha, as the product is invariably ealled. Instead of petroleum The foreign capitalists and engineers who throng the hotel, and the office managers from Eng Jud and elsewhere have adopted the lo JPl phrase for naphtha technicalities, even In conversations in their own tongue, and ntta)s speak of the residuum as "as ijjpcl, ' the Russian word for It, or as nasoot " the Tartar word, the latter having the preference. Prices and quan tities, too, are always quoted in Russian denominations, so many kopecks a Dood being the term. Low Cent ef Production. The highest estimate that has been given me of cost of production of crude petro leum in this field Is four kopecks a pood, which is about 17 cents a barrel of 42 gallons, and this is undoubtedly above the average. Producers with flowing wells must get their oil much below that fig ure, and from pumping wells the cost Is not likely to run above that. Most of this production is sold as It comes from the earth to the refiners, who treat It for the proportionate yield of refined oil and "mascot," according to the state of the market. The price of crude as sold to the refiners usually fluctuates bet een tt "cents and 42 cents a barrel, theretoy making it certain that the orig inal producer can make a large profit from his yield. There have been years when the refiners did not prosper with the producers, and whenever refined oil is very low and crude very high a con siderable number of the refineries are compelled to close, leaving the market to the control of the producers who have refineries of their own. Within the last few years the Increase In foreign ownital Invested in the Baku petroleum field has been constant. A number of mrge companies have been floated in London, the total of English in wnment here up to the beginning of the e rs being more than J4.009.WO. I am told that moot of these companies were capitalised for sums usually about three times as large as the amount paid for the property by persons who "promoted." Een then, however, profits may be ex pected if the industry keeps at its pres ent station. Properties are held at ex travagant prices, and yet they are Justi fied by the people who show possible profirts. As in Pennsylvania and Ohio, the region is full of sensational tales, none the less true, of astounding fortunes made oer night. The case of "Coal-Oil Johnny" is repeated here many a time. A Tartar is pointed out who used to work on the street for Ms dally wages, and who now has a fortune of ja.OXi.OOG. Poor Tartars and Armenians and Georgians who happened to own tracts which bore oil found themselves drenched in money when their royalties were paid. It is not to be believed that this sort of thing Is ended, either, for explorations and new developments are being made constantly. Since foreign capitalists began to oorae prices of lands have gone up enormously. One instance has been related to me or a man who hold hie property at JK"9,009 be fore the Sngttettmen came, who raised the figure b rapid jumps to $4K.0d and got It before the end of a year, without any fur ther development or exploration to en hance the value. The commission ap pointed to appraise government land in the field still unloosed fixed the price at J1JO90 an acre, and the sale never slack ened. There was one property of 27 acres, upon which M wells had been drilled which had produced in 15 years some at.06a.iW barrels of oil from shallow depths. Many of these wells were aban doned, there being but five or six in pro ducing condition The present system Is to drill deep wells, which cost about JJ6OS0 each. This property was sold for J! 000 90 and floated In Lmndon at a cap italisation of Kotftott Even one con wderod It an ononnouc price, but & few weeks later a flowing well was struck which began producing 100,000 barrels a i day, and after many weeks had not fallen below 70,000 barrelss , With a net profit on crude oil at the time of about 25 cents a barrel, even the common-stock holders bade fair to get some dividends before the property was exhausted. Fires in Oil Wells. Displays of fireworks are not, confined to the Caspian sea In such a place as this. At Intervals great conflagrations occur at the oil wells, destroying property of im mense value, with hardly any means of fighting the flames. Sometimes they are traced to stones, which are thrown out of the wells, and, striking Iron In their flight, set the naphtha on fire by the sparks they produce. One fire started In a well that was flowing 100,000 barrels a day. The Are continued for several weeks, as It was Impossible to cut off the flow, and a dozen other wells near by wer de- stroyed, as well as a large quantity of crude oil, which was stored In pits. Just now a celebrated crime is claiming the attention of the people of Baku. One of the most prominent of the citizens and oil producers proves to have been a rascal of almost every sort. He defrauded an Innocent purchaser in the sale of a mort gaged well, murdered a man who ft as going to give testimony against him and finally set fire to the well one night, which did great damage tc surrounding property. In addition to burning the prop erty In question. Then: he committed suicide. There are about 1200 producing wells In the Baku field, divided between the groups of Sabunchl and Balakhan, eight miles from the city, and Romanl, Blbl-Abat and Chorny Gorod, which are nearer. Chorny Gorod, or "black town," is but two miles from the center of the city, and Is the group usually visited by tourists. There are about 100 wells In thlsgroup. The total product of oil from the Baku wells from 1S93 to 1897 was as follows: Barrels of Year 42 gals. 1S95 45.2S9.9S3 1896 46,351,773 AOOI -ii.UIU.iWD I have not at hand the exact figures of production for the last year, but the quality showed an Increase over that of 3S97, and for the current year it is proph esied the yield will pass 50,000,000 barrels. The petroleum yield of the United States for 1897 was 60.565.0S1 barrels. It is an in teresting evidence of the different con ditions in effect in the two great oil fields of the world that the yield In the United States was from many thousand wells, while that of the Baku field all came from a few hundred. TRUMBULL WHITE. DAILY CITY STATISTICS. Real Estate Transfers. Lyman L. Gray and wife to Multno mah Independence Hall Association, 06 feet front. Section Line road, by 150 feet In depth, section 9, T. 1 S., R. 2 B ; February 10 $ J. M. Huston to George M. Hall, lot Z3, block 14, Willamette; February 19 John Barrett and wife to William 600 Isensee. lots 5, 6, block 154, Portland; February 17 6000 Joseph N. Teal and wife to C. J. Reed, block 1; lot 3, block 2; block 3; lots L 2, block 5; block 8; lot i, block 10, Auburn Park; also land lying west of the boundary line between lots 2, 3, block 6; also tract 12, Mt. Tabor Park; February 15 1 C J. Reed and -wife to J. N. Teal. S. s lot 2, block 2; lot 4, block 4; lots 3, 4, block 5; block 6; block 7 block 9, tract of land between lots 2 and 3, block 5, Auburn Park; also tract 11, Mt. Tabor Park; February 15.... 1 A. J. Kane to W. H. Carson, lot 2, block 18, Lincoln Park; February 16 350 L. M. Shorno et ux. to Mary A. Tra cy and husband, and L. M. Shorno, trustee, to Susie F. Tracy, 65x100, block C. Carter's addition to Port land; February 19 6000 Elmer Buckman to Laura A. Buck man, S. H of NW. H of SW. . sec tion 28. T. 1 N.. R. 2 E.; February 19 1 M. A. M. Fisher et al. to Elsie C. Clayton, lot 17, block 67, Sellwood; November 2, 1899 150 R. Livingstone, administrator, to Geo. Elsfelder. lot 6. block 13. Lincoln Park Annex; August 14, 1899 125 Martha E. Johnson and Wm. A. John son to Mary B. Locke, 20 acres In section 22, T. l s., .: 5 a.; January 26........ University "Land Co." "to Olive" R " Met calf. lots 2L 22, block 1S8. University Park: January 20 500 290 C. F. Adams to C. J. Reed end J. N. Teal, blocks 1, 3, 6, 6, 7, 8. 9. and S. lot 2, and all of lot 3, block 2; lot 4. block 4; lot L block 10; also tracts 11 and 12, Mt. Tabor Park; also tract of land In D. D. Prettyman D. L. C.; February 15 Bulldlnc Permit. Charles L. Husman, two-story dwelling on East Ash street, corner East Twenty first street, $1500. Contusions Diseases. Eddie Roberts, age 2 years, 210 Seventh street, scarlatina. Master Nelson, age 5 years, 501 Columbia, diphtheria. John Cauley, age 10 years, diphtheria, 13S Stanton street. Deaths. February 16, A.. M. Drake, age 41 years, St. Vincent's hospital, valvular disease of heart. February 17, Caroline H. Joyce, age 67 years, 270 Grant street, congestion of lungs. JInrrlnKC Licensee. Angus R. Glllls, aged 43, Marlon county; Anne M. Krebs, aged 26. Sam B. Davis, 31; Florence L. Wells. 23. Conner Malott, 22, Spokane, Wash.; Ed ith Jean Cameron, 22. H. Redmond. 26; Allie SItts. IS. a A FittlnK Close of the Century. - 166,368 oases, the phenomenal Importa tion in 1899 of G. H Mumm's Extra Dry, exceeds any other brand by 72,495 cases. No champagne can excel it in quality, G. H Mumm & Co always securing fin est vintages, regardless of price. Their 1896, now Imported, has no equal. -". i 'SS &.& uMKmL if ? iHp WmiLiM mmHSMrPBmmmSgWJ9rfigfg3r'fi SNgE"- ' t'-aii I Willi nJffileJL-iLJ-ti' -3SB& igi ZT-t jjgg'SSr' A "GUSHER" IN THE BAKU OIL FIELD. OREGON SUPREME COURT OFUflOXS IS SEVEN CASES HANDED DOWN YESTERDAY. Judgment of the Lower Court In the South Portland Land Case Was Affirmed. SAIiBM, Feb. 19. The supreme court today handed down opinions In seven cases, in six of which the lower court jwas affirmed and in one reversed. The cases decided were as follows: The South Portland Land Company, respondent, vs. Abble K. Munger et al.. J appellants from Multnomah county, Al- fred P. Sears, Judge; affirmed. Opinion by Wolverton, C. J. On September 17, 1896, Abbie K. Mun ger commenced an action against the above-named, plaintiff to recover posses- sion of the undivided one-half of the west half of what is known as the Wil liam and Mary T. Collins' donation land claim, situated in sections 27 and 34, town ship 1 south, range 1 east of the Willam ette meridian, In Multnomah county, Ore gon. The South Portland Land Company filed an answer, denying the allegations of the complaint and setting up ownership In itself and adverse possession for the statutory period. It further alleged that It had no remedy at law, but its defense was based upon matters wholly cognizable in a court of equity. The company also filed a cross-bill In equity, and the cause In equity is the proceeding in the su preme court. The land company won, in the court below and, also wins on appeal. The questions that arose were chiefly upon questions of practice. The opinion says: "It is first insisted on the part of defendants that the plaintiff, having plead a full defense in the action at law, not only by putting In Issue every ma terial allegation of the complaint therein, "but by setting up affirmatively that it was the owner In fee simple and in legal possession of the premises, is precluded under the practice from filing at the same time a cross-bill in equity, praying a stay of the action until the case has been disposed of In the equity forum." The defendants filed a motion to strike out, and also demurred to the cross-bill in equity, and the lower court having overruled both of these the defendant answered. The court upon this point says: "By answering, they have made the equitable forum a matter of their own selection, and have thereby waived the right to insist that the cause should be first tried at law." Upon a review of the matters presented for the consideration of a court of equity, the supreme court holds that they are sufficient to give an equity court juris diction. On this point, the court says: "While the plaintiff has alleged that It has been in possession for a period of more than 10 years, yet it Is a defense which Is Interposed in connection with the purely equitable defense, by which It seeks a specific performance of the con tract or a reformation thereof, whereby its paper title would be perfected also. It cannot be said, under these condi tions, that the remedy at law is or would "be as complete and adequate as that which may be available In equity." The mistakes sought to be corrected were four: A mistake in omitting from the description In a deed the county, state and meridian; a mistake in record ing the deed or a fraudulent alteration of such record; an omission to have the deed properly certified, so as to entitle It to record, and a mistake of the scrivener in falling to append the private seal of William Collins to the Instrument Thesa are held to warrant the Intervention of a court of equity. The Dundee Mortgage & Trust Company, llmltedv respondent, vs. John Goodman, appellant; from Douglas county, J. C. Fullerton, judge; affirmed. Opinion by Moore, J. This was a suit to foreclose a bond for a deed. It appears that In March, 1892, Alexander H. BIrrell and wife, In con sideration of the defendant's agreement to pay the sum of $1400 in annual instal ments of $200 each, with Interest at the rate of 8 per cent per annum, executed to him a bond for a deed, wherein they covenanted that, upon the payment of the notes given for said sum and all taxes and charges accruing against the premises In consideration, they would convey to him by a good and sufficient deed a tract containing 280 acres of land In Douglas county. It being stipulated that time was of the essence of the contract. The defendant, by Blrrell's license, en tered into possession of sa-d premises, paid the first installment of the principal with Interest and taxes, but neglected to make the further payments agreed upon, notwithstanding he retained the posses sion after the same became due. The plaintiff, having obtained from BIrrell, who held the legal title to said land in trust for It, Instituted this suit, where upon the defendant, by his answer to the complaint, sought a rescission of the con tract on the ground of the alleged fraud ulent misrepresentations by plaintiff's agent with respect to the boundaries of said premises. The cause being at issue, was tried, resulting In a decree fore closing the bond, and defendant appealed. The chief Inducement to the purchase of the land ln question was a tract of about 20 acres of fertile bottom land, sup posed to be Included in the tract de scribed. It was discovered about a month after the purchase that the fertile land was In another tract. The opinion sajs: "Goodman undoubtedly knew, some time in 1893, that he could not secure from BIrrell the title to this tract, and hia knowledge in this respect presents the question whether he could retain posses sion, under the license granted, until this case was tried In June, 1S97. without of- jfcring further to perform his agreement, and, nevertheless, lqslst upon Its rescis sion. . . The party to an agreement who has sustained Injury by the false repre sentations of another, party thereto, must, if he seeks a rescission of the contract, act promptly upon discovering the fraud, and place the other In statu quo, by re storing, or, offering- to restore, that which he has received. . . Any unreasonable delay In this respect is construed as af fording evidence of an election by the de frauded party to affirm the agreement and to rely upon the legal remedy of dam ages for the injury sustained. . . It is now too late to Invoke the relief sought by his answer." f George Risen, respondent, vs. Jesse Wiseman et al., appellants, from Douglas county, J. C Fullerton, Judge; affirmed. Opinion by Bean, X This was a suit to enjoin a trespass on a placer mining claim. The facts are that In 1869 Moses Lee, F. G. Robinson, L. F. Robinson, G. W. Rob'nson, O. H. Robinson and Joshua Fawcett located seven mining placer claims on Glee's creek, In Douglas county, being a claim for each and an additional one as a dis covery claim. In accordance with the lo cal laws and customs of the mining dis trict in which they are situated. In May. 1872, these several claims passed into the possession of the plaintiff by purchase from G. Thompson, Amos Thompson and James Thompson, since which time he has been in possession, claiming to be the owner, and has performed or caused to be performed labor thereon to the amount and value, as found by the trial court, of $100 each year. In June, 1896, the de fendants, claiming the ground in ques tion to be unoccupied mineral lands of the United States, entered upon and lo cated the same, in pursuance of the laws of congress, and commenced work there on, whereupon the plaintiff brought this suit, and, it resulting in a decree In his favor, the defendants appealed. The opinion says In part: "It Is claimed that the plaintiff's pos session did not prevent on entry and lo cation by the defendants, because it was not founded 'upon a valid location. But the evidence shows that at the time of th location of the several mining claims notices were posted on each claim and subsequently recorded) In the record of the mining district and the plaintiff tes tifies that the claims .were marked on the ground by monuments so that the bound aries thereof could bo readily ascertained, and that Thbmpson, from whom he pur chased, showed him the lines of the sep arate locations. We think, therefore, the court was dearly right in finding that the claims were located and their boundaries marked on the ground in ao cordance with law. . . "It Is also contended that because there was no evidence of the transfer of the title of the original locators to the plain tiff, he cannot maintain the suit. But the possessor of a mining claim In a min ing district Is presumed to be the owner thereof until the contrary appears, and that presumption is supported in this- casa by the fact that the plaintiff had held, occupied and possessed the ground In question under color of title in pursuance of law and the local rules and regula tions of the mining district for more than 20 years prior to the attempted location of the defendants, and, therefore, it was not public mineral land of the United States at the time of the defendants' en try." The Cooper Manufacturing Company, appellant, vs. M, J. Delahunt et al., re spondents, from Multnomah county, L. B. Stearns, judge; reversed. Opinion by Bean, J. "This was a suit' to foreclose ' a me chanics' lien. . . On behalf of the Del ahunts It was claimed that plaintiff's lien is invalid because it does not contain a true statement of its demand and is not properly verified. The lien claiiri as filed shows a credit of, $350, while the court below found that $400 had actually been paid to the plaintiff, on account of ma terial furnished: for the building, and for this reason held the Hen void. The stat ute requires a lien claimant to file with the county clerk a claim containing a true statement of his demand, after de ducting all Just credits and off-sets, and If In filing such claim he puts on record a statement wnicn ne Knows xo do un true, or which he could have known by the exercise of reasonable diligence, he loses his lien. But where there is a mis take in the statement as to the amount due, made' in the honest belief of its cor rectness, the cburts will not, for that rea son, hold the Hen void. And such seems to be the fact In this case. . . "Nor Is there any merit in th objec tion that it Is not properly verified." In Interpreting the third clause of sec tion 3671 of the code, the opinion says: "The statute Is not clear, but it seems to us Its evident meaning la that all me chanics' Hens shall attach to the build ing or other improvement in preference to prior liens, mortgages or other incum brances upon the land, whether such me chanic's Hen is for the original con struction or the alteration or repair of the building. It provides, In effect, that the Hens created by this act upon any building or other improvement shall be preferred to all prior Hens on the land upon which such building or other im provement shall have been constructed, or upon which it was situate when al tered or repaired." David W. Edgar, respondent, vs. T. I Golden, appellant, from Marlon county, H. H. Hewitt, Judge; affirmed. Opin ion by Wolverton, C. J. This was. a suit to foreclose a mortgage executed by the defendant June 19, 1893, upon the south half of the donation land claim of Moses Edgar and wife, in Marlon county, Oregon, to secure the payment of two promissory notes, for J1000 each, pay able two years after date, with interest at 8- per cent per annum, given by Golden to the plaintiff February 23, 1893, for the purchase price of said premises, pur chased by him on that date from Edgar. The defense Interposed to the foreclo sure of the mortgage was (1) that it was given to secure the purchase price of the land, covered thereby; that the plaintiff conveyed the land by a warranty tieed, and that the title thereto has been brought In question, an action having been com menced since the filing of the complaint herein by Elma SImmon9 against the de fendant to recover possession of an un divided one-ninth thereof, and, hence, It Is claimed that he ought not to "be called upon to pay the notes until the title is quieted; and (2) that the mortgage was given In consideration of the compromise of a suit by Edgar against Golden to set aside the deed, upon the ground that Edgar, at the time of Its execution, was mentally Incompetent to execute such a conveyance, whereby it was agreed that said suit should be dismissed, that the moneys secured by said mortgage should not be or become due nor the mortgage be foreclosed until It bad been established in an appropriate suit or proceeding that plaintiff had a good and unimpeachable title to the premises, It wa3 further alleged! that the mort gage was not delivered by defendant, but was wrongfully obtained and recorded. The lower court decided against the de fendant. The supreme court, in affirm ing the decision, says, among other things; "There is scarcely any dispute as to the delivery of the mortgage. . . It was ab solute and without reserve or restriction. "The parol agreement, if any, made and entered into prior to or at the time of the execution of such mortgage cannot be relied upon or used to contradict or vary the terms of such notes and mortgage for the purpose of ascertaining the date of their payment or the time within whlchr such mortgage Is subject to foreclosure. So we hold that the evidence offered was Incompetent for the purposes for which it was Intended; that the notes were due and the mortgage enforceable at the time of the commencement of the suit, and that such parol agreement cannot be used as a hindrance to the prosecution of the suit for the foreclosure of the mortgage. . . "As it pertains to the question of an outstanding paramount title, the rule seems to be that, In a suit to enforce a lien for the purchase money, the ven- dee or the party In possession of the A MIGHTY HEALER! Weltmerism Proves Its Ability to Cure AH Diseases Without the Aid of Drugs or the Surgeon's Knife. THIS WONDERFUL SCIENCE ANNIHILATES SPACE AND CURES THE AFFLICTED, NO MATTER AT WHAT - DISTANCE THEY MAY BE. WELTMERISM Nevada Is a small town in Missouri, having a population of about 12,000. It is situated on the Missouri "Paclflc and Missouri, Kansas & Texas Railroads, about 300 miles from St. Louis ard about 100 utiles from Kansas City. Ne vada, Mo., has been made famous on account of the marvelous cures which have been made by Prof. B. A. "Weltmer, the eminent Sclenttet, who resides at Nevada. The cures made eeem almost miraculous, and have been heralded through the press of two confluents. There ia Hardly a day but that we hear of Prof. S. A. "Weltmer through his new science, Weltmerism, curing some disease or affliction which physi cians had termed hopeless. "Weltmerism, has proven bo efficacious that doubt is not only dispelled in the minds- of the people and sci entists, but this wonderful healing power has now been Indorsed by the prese and pulpit. Prof. S. A. "Weltmer has been termed the Mag netic Healer; this name wa3 given him becauoe the cures which he makea seem magical. "Welt merism cures at a distance Just as readily as it does those cases which are brought to Ne vada for treatment. It can be readily under stood, that the people would regard a eclence as magical that dispels disease from a patient that lived a thousand miles away from the operator. Be this as It may. It is proven beyond a doubt that Prof. S. A. "Weltmer's new eclence will reach and perfect a ure on patients, no matter at what distance they may live. But we believe that the very best name that has yet been given him. was given by a large dally newspaper in the East, this paper calling him "A Mighty Healer." Prof. S. A. weltmer, be sides being the originator of the greatest cura tive power ever known to man, is an author of renown. His book, knowx a Regeneration, has had an enormous sale. This wonderful book deals with the question of sex, and it tells both men and women, young and old, that are debilitated and weakened, how to regenerate the body and prolong life. Thousands upon thou sands of people have been cured) through Welt- lands under him, cannot controvert the title of the vendor In suit. . ." W. H. Saylor, respondent, vs. Christy Oaks et al., appellants, from Multnomah county, E. D. Shattuck, judge; affirmed. Opinion by Bean, J. The opinion says: "The question to be decided is whether the filing of an un dertaking for an appeal, within the time required by statute, Is essential to the jurisdiction of the appellate court. . . . The, statute (section 537) requires an un dertaking on appeal to be filed within 10 days from the service of the notice of appeal, but the filing of the undertak ing within such time Is not made essen tial to jurisdiction, because it is also pro vided in the same section that where a party in good faith gives notice of an appeal and thereafter omits, through mis take, to file an undertaking, the court or judge thereof, or the appellate court, may permit such undertaking to be filed. Neither the appellant nor the surety Is entitled to a dismissal of the appeal be cause It was not filed In time. Such right- belongs to the respondent alone, and,' If he saw fit to walve-it and proceed with the trial without objection, the ap pellant or ber surety cannot take ad vantage of the defect." Jacrb Denn, .respondent, vs. John P. Peters, appellant, from Douglas county, J. C. Fullerton, judge; affirmed. Opinion by Moore, J. This was an action to recover a part of the purchase price of a tract of land. The only questions arising were upon the in troduction of evidence. In passing upon these the supreme court lays down the following rules of law: "If the allegations of matters of. sub stance be substantially proved, the evi dence is sufficient, but allegations of mat ters of essential description must gen erally be proved with a degree of strict ness. "If an adverse party has been misled by the introduction of evidence which did not correspond with the allegations In the pleadings, and seeks to escape the effect thereof, he must allege that he has been misled to his prejudice In maintaining his action or defense upon the merits. "The defendant did not claim at the trial that he had been misled in any man ner, and, not having done so, he must have considered the variance immaterial". In which case the court was authorized to find, the fact according to the evidence." Tfie court holds that no error was com mitted. Petitions for rehearing were denied In the cases of Independent Order of Forest ers vs. Keliher, and Faber & Neis vs. C R. Hougham. Other orders made by the supreme court today were as follows: Mary A. Jones, appellant, vs. J. F. Adams, respondent; ordered on motion that, respondent have 20 days' additional time to file petition for rehearing. David M. Dunne et al , respondents, vs Portland Street Railway Company et at., appellants; ordered on stipulation that re ' ii).ii,lj 'ilium. mum Mjj- iiffBMff'TfSy- ""Mrr- Wilawh rTWTllPrScet8tSRSI5?l(MESfl&'DSI?i KS??SHiBEBB3?35Ttmii?iCY kj'Ov'.A v ill t r hct im'iM&XEXZtaeixmrvFiMmx yyyi .Hfiaiigffiliiiirmr lsfoES-ai A m.a ! 1 INDORSED BY THE PRESS PROF. S. A. WELTMER merlsm, and in their gratitude have testified to this fact. "We publish a few testimonials cf cures that have been made through "Weltmer ism when all other curative powers had failed. T. T. Rodes, of Pari- Mo , Prosecuting At torney of Monroe County, suffered for years with Sciatic Rheumatism. Tried everything without benefit. Was instantly cured through Prof- Weltmer's Absent Treatment. Mr. Rodes has recently won fame as the attorney In the celebrated Jester case. Mrs. C R. Graham, of Boise City, Iowa, was afflicted for nine years with, rheumatism, she could not walk without crutches or lift her hands tocher head; she paid out $6000 with doctors before coming to Ne vada. She now proclaims herself cured and a happy woman, through Weltmerism. Mrs. L. H. Allen, of Aurora Springs, Mo , was in a hopeless condition, as she suffered from con sumption in its worst form. She could not sleep without the aid of morphine. Tried everything without relief. Fully restored by Prof. Weltmer's Absent Treatment. L. E. Al ford, of Rubens, Jewell County, Kan., suffered for three years with Kidney and Stomach troubles; tried the best medical authorities, but was told that his case was hopeless. Took Prof. Weltmer's Absent Treatment and in three days was cured. Mrs. Jennie L. Lynch, Lakevlew, Mo., was for two years afflicted with ulceration of th womb, heart and stomach trouble arkt general debility; was reduced to a mere skeleton. After taking gallons of obnoxious medicines without relief, she tried the Weltmer Absent Treat ment. In lees than thirty day3 she was en tirely relieved and gained 15 pounds. Weltmerism is undoubtedly the greatest dis covery of Ihe age, and the Absent Treatment of this wonderful science Is- indeed & revelation, for through It Prof. Weltmer can reach all classes of people, no matter at what distance trey live. By writing Prat. S. A. Weltmer, Nevada, Mo., you will receive, free of charge. The Magnetic Journal, . 40-page illustrated Magazine, and a long list of the most remark able cures ever made. spondents have 20 days' additional tlma to serve and file their reply brief. Mary K. Minord, appellant, vs. A. D. Stlllman, respondent; ordered on motion that receipts and proof of fire losses on file be returned to Insurance company to whom they "belong. I. "Wllhelm, appellant, vs. R. C. Smith et al., respondent; appeal dismissed on stipulation. A. G. Brauer, respondent, vs. City of Portland, appellant; argued and submit ted on motion to recall mandate and correct judgment. N, L. Hershbarger, appellant, vs. A. J. Johnson et al., respondents, appeal from Lane county; argued and submitted. Helen L. Stratton et al., appellants, vs. Oregon City and Charles E. Burnes, re spondents, appeal from Clackamas county; argued and submitted. MRS. CRAVEN'S SUIT. Proceedings Were Xot ns Exciting: as Expected. SAN FRANCISCO, Feb. 19. The. pro ceedings in the first session of the court today, In the suit of Mrs. Nettie Craven against the heirs of the late Senator Fair, were not as exciting as expected. Attor ney Pence, for the Craven Interests, called Judge Troutt's attention to the charges of perjury, contempt of court and assault which have appeared in the daily papers, and asked that an Immediate investigation be had to fix the responsibility. Judge Troutt responded that the district attor ney was preparing to bring the matter before the grand jury, at which Mr. Knight, for the Fair heirs, expressed him self as courting the fullest inquiry into the acts of the attorneys for the Fair heirs. An argument was precipitated by the at torney for Mrs. Craven asking the court to Issue an order compelling the attorneys of the Fair executors to produce the pri vate memorandum books, etc, of the Fair estate. Attorney McEneriney protested against such procedure, and his contention was upheld by the court. Mrs. Craven was called to the stand and resumed her testimony given last Thurs day, detailing her different places of resi dence and travels since June, 1888. Ilnntinjrton Denies the Iteport. NEW YORK, Feb. 19. C. P. Hunting ton last night denied the report that the Southern Pacific Is about to absorb the San Antonio & Arkansas Pass' railway, giving an entrance into Laredo, with the ultimate view of widening and. controlling the Mexican National to the City of Mexi co from Laredo. Street-Cnr Barn BnrncC. NEW YORK. Feb. 19. Fire today de stroyed one of the buildings occupied by the Metropolitan Street Railway Company Three cars were destroyed, and 40 dam aged. Los3, Jre.000 A Short Line Appointment. SALT LAKE. Feb. 19 William Ashton has been appointed resident engineer of the Oregon Short Line Railway Company, AND PULPIT, TEACHES HIS METHOD TO OTHERS The American School of Magnetie Healing la organized under the laws of the State of Mis souri. Prof Weltmer Is the president of this met lratton, ana Prof J H Kelly the secretary and treasurer It is Im possible for Prof "V eltmer to attend to the enormous de mands made upon him to cure He therefore wishes oth ers to take up his pr r ess ion, so that as may call upon tem to aseist him hl9 noble work. Ith this In view. the merican School of Magnetic Healing was founded The met hod perfected and In use in this school is eo complete in all Its details that the students become as efficient as Prof Weltmer himself la thi great art to cuie Prof. J. H. Kelly. lnlOdas. This ncble profession. Is taught either by mail or personal instructions Any one who desires can learn It, and. any one who learns can practice it This has been abund antly proven by the great number who bav been instructed and who are in the active prac tice of healing by this method. This Is beyond doubt the best-paying profession of the age, as students who have learned tnls method through the American School of Magnetic Healing are earning- from $W to $50 per day By addressing Pof J. H. Kelly, Secretary, Nevada, Mo., you will receive fall Instructions free of eharg. the office of chief engineer formerly held by the late J. C. O'M-elveny having been abolished. "H Heavy us Lead Is your head with headache. Use Wright's Paragon Headache and Neuralgia. Cure. The Dr. Sanden Electric Belt with attachment for men gives strength and overcomes the ef fects of early indiscretions or lat er excesses. Six thousand gave willing testimony during 1899. Established 30 years. Write for free book explaining all, or drop in at my office and consult me without charge. DR. A. T. SANDEN Russel Bldg., Cor. Fourth and MorrbonSb PORTLAND. OR. Ofilce hours: 9 to 9; Sundays, 9 to L AfmFYlf EfferVescentSAILT 9M Abbev's Salt, bv eivinjr you perfect di jrestion, makes your blood pure and your system normal j is use ensures a icanny condition of the liver, stomach and bow els and eliminates all impure matter from the system H ealthy blood prevents the nresesce of disease in any form Dr. Gboxck S Conaht, New York Cltv. states "I have made use of Ab bey's Effervescent SaJt very successfully All Druggists. 33C 50c and $ loo per bottle. 3 T jj 'f&m lit -3 Strength Ck for Men Jgf'