THE MORNING OREGONIAN, TUESDAY, FEBRUARY 27, 1900. DALY ON THE STAND wur ens ksbw about CLARK HLBCTIOX. THE CentrlfcHted. Over Twenty Thousand Dollars for the Prosecution of the Case. WASHINGTON, Feb. 36. Marcus Daly, the mllHonwIre miner of Montana, was tbe principal witness before the Senate ooflMnittee on prtvUegee and elections to day. He was on the stand for about two boors, and at the expiration of this time was excused on the plea that he was not well and that the questioning process fa tigued him. Mr. Daly confessed that he had contributed $80,009 or $36,000 to the prosecution of this case, but asserted that he had not entered Into any conspiracy before Mr. Clark's election to Injure him. He bad not contributed any of the $30,000 need in the Whiteside exposure. In con clusion, he tendered his checks and check books for the purpose of Inspection by the committee. Mr. Clark listened attentive ly to Mr. Daly's testimony. Mr. Daly was called to the witness chair as soon as the committee began the con sideration of the case this afternoon. Mr. Daly stated that be was 68 years old, and that hte business was that of mining. Ho knew Mr. Clark and Mr. Whiteside, and had known Mr. Clark a loner time. He first contributed to the campaign when It wb organized, to the extent of about 4fW; later to the extent of $2500; also $500 In Deer Lodge County, and $250 on various other occasions.' He had never, he said, sought to compel miners employed by (him to vote according to bis sentiments. As to Whiteside, he seM he had given him nothing for the purpose of defeating Clark. 'DM you ever, during' the session of the Legislature, give any money toward the defeat of Mr. Clark?" "No; I did not; not one dollar," Mr. Dalr replied. He detailed the conversation with Mr. Corbett in the Hotel Netherlands, differ ing entirely from the statement made by Corbett. He said he told Corbett that he did not think Clark would seriously urge his candidacy for the Senate, as he could not be elected. Daly denied he had used the language attributed to him by Cor bett, that If Clark's name made its ap pearance, "you will hear something drop." Daly was asked as to the $30,000 which is on deposit with the committee, and Is al leged to have been bribe money. He said he knew nothing about this money and had nothing to do with advancing It, as had been Intimated. He also specifically denied the statement of a former witness that Daly had told him every man who supported Clark would be denounced as a boodler and bribe-taker. "Did you ever seek to influence mem bers of the Legislature as to the election of a United States Senator?" "No. sir." "DM you ever seek to Influence the ju diciary of Montana In that connection?" "No, sir; I never got close enough to them for anything of that kind." "Are you one of the contributors toward this prosecution?" "Yes," answered Mr. Daly. He went on to say that after Clark's semination he (Clark) had charged that he was the subject of a "conspiracy," and as Clark courted an investigation, Daly said he concluded to permit the matter to be thoroughly Investigated. To questions by Mr. Hoar, Mr. Daly said the $7760 which, he had contributed Was given to the campaign, committee from time to time la response to circulars stating their needs, and was for usual oampaigm axpenses. It had nothing to do Mr. Daly said Mr. Campbell, Mr. White side and several others of the State com mittee were those who joined him In pros ecutlng this ease. There was to be a con-. tributton to cover expenses for hiring lawyers, expenses of witnesses, etc "How much have you contributed thus tar?" asked Mr. Hoar. "I have not the checks," he replied, "but It amounts to between $80,000 and $25,000." He explained this was used for the ex penses of the prosecution. It was paid over to Mr. Campbell. Mr. Campbell stated to the committee that when he took the stand he would give full details of this matter. Mr. Faulkner then directed the cross examination. His first question related to Mr. Daly's participation in various lo cal elections in Montana. This, the wit nets said, did not extend beyond Silver Bow and Deer Lodere Counties, as his business interests took him there most. He know little as to what was going on elsewhere beyond what he saw In the papers. When asked If he knew that Mr. Clarb became a candidate "because of fraudulent primaries, Mr. Daly said this could not be the case, as the primaries were not fraud utetvt, and were not so attacked until Me Clark had been defeated at one of the County Conventions. Mr. Dal' said he did not know the other contributors to the campaign, except that he understood Mr. Clark gave $500. As to the campaign la Silver Bow, he said he thought the candidates furnished most of the money. He had given $2609 to Mbjr jRow. and. the candidates had taken carerwf the Test , "That was a small contribution," said tCr. Faulkner. "Tea," answered Mr. Daly. "I was not much interested." "Thou, when you are Interested," pur sued Mr. Faulkner, "you pull out more freely?" "It depends how much I am Interested," answered Mr. Daly. The witucoe preserved a smiling face throughout the Investigation. Mr. Daly said h's secretary had made the advances t prosecute tmc case. He hlmeell was sick, so tkat after being present at the conference when the agreement to con tribute was made, he told his secretary to advance the sums to Mr. Campbell as It became necessary. He did not place a limit on the advances. He had kept no Personal account of it, but three or four Aye age he telegraphed from New York to the bookkeeper at Anaconda and learned that the amount was $30,000 to K5W He said hte promise to contribute was after Mr. Clark had accused him and ohers of a "villainous conspiracy." Mr Daly explained hte aoqualnUnc wth Whiteside, who had bullt a block at Bitte for a firm in which Mr. Daly was In terested " Faulkner again took the witness oner the conversation with Corbett, and Mt Daly once more denied the converse Hon as v given by Corbett. He denied ever having: said that Clark's friends would be seat to the penitentiary. I have not the sttgbteet personal feel Inr against Mr Clark or the members of life meaalr." Wfered Mr. Daly, "and anr statement of that kted Is a villainous lie. Mamii&rs of the committee suggestei that no testimony bad bean given thai Mr. Daly was unfriendly to Mr. Clark's famwy. "But I am deanmr with that chap's ques tions." answered Mr Daly, amid a roar at his daatgnatton of Mr. Faulkner as "that chap" Ur. Daiydecmred h knew nathteg of BVy Senator Ctriten. before the ""Sf " 1ture. that he (Daly) would be an the train -he next day. Cul wa was taw a conductor of the Northern Pacmc Railroad and Mr. Daly said It was not probable that be would have dlscusW the Senatorial question with him. Indeed. h was quite positive he had never toW Mr Cuttea that any man who voted for dark woaM be "pubHsbed as a boodler and a bribetaker. Ho, remembered casu ally taOctmr with Guttea as he passed through the train, but no reference what ever had bean made to the Senatorial ques tien. 1 are sure of that," said Mr. Daly, "for I I was not sufflclently interested in the sub ject at that time." Mr. Daly also denied authorizing the sending of Pat Conlan to Flathead County during the State campaign. He also as serted that he knew of no money having been spent In the Legislature in the inter est of House Bill No. 214. "I wish you would go Into that," he added. "Neither the Anaconda Company nor the Amalga mated Copper Company supplied a cent for that purpose. I believe that Mr. Clark and his friends contributed as much as anyone to the passage of that bill, as they were equally interested, but that they contrib uted money, I do not know. I do know that I contributed none, and that none was contributed for me. My Instruction was not to use any money for that purpose. The bills were In the Interest of the min ing Industry. I told our friends to stand up and be counted, but that I would spend no money In that direction." Mr. Daly said he thought Mr. Toole's estimate of the amount of money expended In behalf of Anaconda In the capital con test. In 1834, was about right. He did not believe the amount expended would ex ceed $350,000. The companies which might be described as subsidiary to the Anaconda Company had given $200,000. Continuing the discussion of the Capital contest, Mr. Daly said unquestionably some money was sent to Missoula County to influence the result, but he was sure no such sum as $55,000 had been sent there In Ana conda's Interest He also denied that he had promised the people of Missoula to build a railroad In Missoula County. The witness declared that he had supported the Democratic ticket in 1894, and that he had not advocated the election of Hon. Lee Mantle for the United States Senate. Asked what part of Montana was dis tinctively Democratic, Mr. Daly smiled, and, looking at Mr. Clark while he pointed to himself, replied: "The Western part of the State where I live. Mr. Clark and I both live in that part, and that may ac count for It" In reply to a question concerning the campaign of 1898, Mr. Daly gave testimony In conflict with that of Mr. Clark. He said he had promised at first that he would not meddle, but later he had decided that he could not give Mr. Clark his support, "and," he added, "the majority of the peo ple took the same view, according to the returns." "Do you remember a conversation you had with J. B. Toole previous to the meet ing of the Legislature. In which you said you would put up $75,000 to beat Mr. Clark?" Mr. Daly I never had any such conver sation with Mr. Toole or anyone else. Mr. Daly gave figures as to the number of men emplpyed by him In various parts of the State, making a total of almost 6000. He said he had kept his checks and check stubs for the past five years, and that they were subject to the inspection of the committee of it desired to examine them. Mr. Daly then complained of feel ing exhausted on account of illness, and he was excused. State Senator W. A. Clark, of Madison County, was recalled to make a statement concerning the testimony of Benjamin Fine. Mr. Clark pronounced as false the statement that he had altered the records of Madison County. He possessed a copy of an order of the County Court of that County, showing that the alteration was made by order of the Court HYDROGRAPHIC OFFICE. Treasury nnd Jfnvy Departments Both Want It. NEW YORK, Feb. 26. A special to the Herald from Washington says: Secretary Gage Is making a strong effort to have Congress enact leg islation placing the Hydrographic Office of the Navy under the Coast and Geodetic Survey. The propo sition has been antagonized by Secretary Long, who has forwarded to Congress communications written by Rear-Admlral R. B. Bradford, Chief of the Bureau of Equipment, showing the. desirability of keeping the Hydrographic Office under the Navy Department The matter is of con siderable importance to the two branches of the Government, and particularly to the Navy, which has done considerable survey work at points outside of the United States and which has vessels now en gaged on such duty. In the last naval appropriation law a provision was inserted "for surveys of the imperfectly known parte of the coasts and harbors of the Philippine Archipela go and the islands of Cuba and Puerto Rico, with their bordering keys and waters and the minor outlying Islands." The Sundry Civil Appropriation bill contains a provision for the surveys and resurvejs of the Atlantic and Gulf Coasts of the United States "Including the coasts of out lying Islands under the jurisdiction of the United States" and "other coasts on the Pacific Ocean, under the jurisdiction of the United States." The Coast and Geodetic Survey holds it should survey the outlying islands, but the Navy Department declares it has spe cific authority, and under it vessels have been equipped for survey service in Cuba and Puerto Rico, and Instructions have been given to Rear-Admlral Watson to wake surveys of the Philippine Archipela go. The Navy would greatly regret the transfer of the Hydrographic Office to th'e Coast and Geodetic Survey. It has been pointed out to Congress that the Coast and Geodetic Survey has not yet completed the survey of the Alaskan Coast, which will take some years, and surveys of the Atlantic and Pacific Coasts are not finally completed. When the insurrection in the Philippines comes to an end. a great many small ves sels will be available for surveying the coasts of the islands of that archipelago, and, through their constant employment, quick progress will be made In charting the coasts. Naval vessels are actively engaged In Cuba and Puerto Rico correct ing the Spanish maps of those islands. It Is confidently believed by naval officials that Congress will determine to keep the Hydrographic Office under the Navy. a TENDENCY OF THE TIMES. Stnte of Our Country as John P. Alt scld Sees It. DETROIT, Feb. 26. "The State of Our Country and the Tendency of the Times" were discussed tonight In the Light Guard Armors by John P. Altgeld, ex-Governor of Illinois, before an audience of upward of 2600 people. The meeting was held un der the auspices of the Mohawk Club. Mr. Altgeld declared that the road to In dependence Is closed to the young man of today. Said he: "The men and women who have done the work of America, and who have made our civilization, are forced on to a lower plane. They have to sell products In the open, competitive markets on a narrow gold-standard basis of prices, and are obliged to buy their necessaries at arbi trary, monopolistic prices. They get one half what they formerly did, and pay nearly double." He reviewed the gradual contraction of the currency from the close of the war to the present time, alleging that It had re duced the value of the products of labor. He said: "In 1806 the Republican leaders mort gaged the country to the trusts. These mortgages are being foreclosed. In every way known to man tho people are being plundered. The greatest of these mort gages Is the currency bill, which Is to still further narrow the volume of money." Tho speaker denounced expansion, say ing: "By following the advice of Washington we have become the greatest power on earth. Instead of remaining a mighty moral force, we are to change our char acter and become a great bully among the nations. We are to take part In the miserable wars waged by despots to plun der weaker nations." He repeated the story told by ex-Consul Macrum as to the opening of his official mall by the British censor at Durban to prove his statement that the present gov ernment is unduly Influenced by Great Britain. SAINT IRENE LIBELLED ASTORIA PILOT MAKES TROUBLE FOB, ORIENTAL IJXER. .Vessel "Will Not Be Delayed Ness "Went Down the River Drawinc 24 Feet of Water. Bom of tho river pilots are up to their old tricks of holding up shipping- on the Columbia River, and have again appealed to the courts In an effort to demonstrate that the master, agent or owner of a ship has no right to employ any pilot he, chooses. Pilot Granville Reed yesterday libeled the Oriental liner St Irene, to recover the sum of $107 54, and the vessel was placed in the hands of the United States Marshal, pending release on bond. In his complaint, Pilot Reed alleges that the St Irene came Into and upon the river pilotage grounds, February 17, and that he was the first to offer his services to pilot her to Portland, and was rejected. He Is a duly authorized pilot, and claims that he was entitled by law to pilot the steamship up the river, and; that when he was rejected and afterward another pilot was employed, he claims to be entitled to half-pilotage, and has brought suit to secure it. There was a time in the history of the port, before the arrogant demands of the pilots caused a noncompulsory pllotago law to be placed on the statute-books, when such a claim might be made to hold, but as the law does not compel a master to take a pilot, it Is difficult to understand how he is to be forced to pay for one. The St Irene is one of Dodwell & Co.'s steamers, and the firm employs a pilot by the month, and consequently should not, nor will not be forced to take a man they do not care to employ. This meddlesome Interference of some of the river pilots, if continued, will probably result in the repeal of the river-pilot law entirely, when the Legislature meets again. The experience of the past season has demon strated that sailing vessels make better time and meet with fewer mishaps In go ing up and down the river when they have no pilots than when they employ them, and ae for steamers, there will always be plenty of good men, who will not force their services on a shipmaster, when they are not wanted. The St Irene -will be released this morning, and will proceed down the river In charge of Dodwell's regular pilot, Archie Pease. PLHXTY OF WATER. Steamship Ness Went ThToujrh to Astoria Drawing; 24 Feet. The British steamship Ness, which left Portland last Friday, was taken through to Astoria without difficulty, drawling 24 feet of water. She went down In charge If Pilot Granville Reed, of Astoria. The St Irene, drawing but 23 feet left down Sunday, but took a sheer on Pilot Archie Pease when near Swan Island, and before her headway could be checked she (took the ground, about 150 feet out of the chan, nel, and rested there until yesterday, when she was pulled off. She will con tinue her journey this morning. The accident did not amount to much, and will not be as expensive for Dodwell & uo. as the grounding of the Goodwin at Ta coma early this month. " When an As toria pilot takes a ship through drawing 24 feet of water, there Is nothing the mat ter with the river channel, and the acci dent to the St Irene reflects no descredlt on tho river or on the pilot in charge. THE STATE WON. California Liner Was Not Mulcted for Damage to Kirkcudbrightshire. The suit of Thomas Law & Co. against the steamship State of California, to re cover damages for injuries to the ship Kirkcudbrightshire, was tried in the Unit ed States Court yesterday, and tho court, after hearing the testimony, ordered the libel dismissed, costs to libelants. The Kirkcudbrightshire was lying at the Portland Flouring Mills, and the waves from the passing steamer State of Cali fornia tossed her about and crashed her against the wharf, breaking her rail and damaging her in the sum of several hun dred dollars. It was alleged that the steamer was going faster than she should, so suit was brought to recover damages; but the court dismissed the libel. Notice to Mariners. Notice Is hereby given of the following changes In aids to navigation, which affect the List of Beacons and Buoys, Pacific Coast. 1900: Columbia River, short-cut channel, from Astoria to Tongue Point Crossing, page 53. Starboard side of channel, buoy No. 6, a red, second-class spar, was estab lished February 17 in 15 feet of water, and marks the starboard side of the chan nel. Sands beacon, post light N. by E., Tongue Point (E. tangent) E. by N., buoy depot wharf post light E. S. E. hi E. Starboard side of channel, buoy No. 8, a red, eecond-class spar, was established Fdbruary 17 In 28 feet of water, and marks tho starboard side of the channel. Sands beacon post light, N. E., Tongue Point (E. tangent) E. S., buoy depot wharf post light. S. E. E. Columbia River, main ship channel, from Tongue Point to Jim Crow Point, page 54. East side of channel, buoy No. 6, a red, first-class spar buoy, the bear ings of this buoy, which was established November 11, 1S99, were verified as fol lows: Pillar Rock, N. E. E., Tongue Point (W. tangent), S. W. S., house on Portucuese Pclnt. N. W. by W. W. Columbia River, channel across Martin Island Bar, page 57. Martin Island bar buoy. No. 0, a red, first-class spar, was established January 12 in 23 feet of water, as a guide In the newly dredged channel. Martin Island (lower) post light, E. S. E. & E.. end of Deer Island shoal jetty, E. E. By order of tho lighthouse board, E. D. TAUSSIG. Lighthouse Inspector. The Cnliforninn Is Doomed. PORTLAND. Me., Feb. 26. The Allan line steamer Callfornlan, which went on the rocks off Ram Island ledge Sunday morning, was found to have 25 feet of water In her hold today, and It was con sidered unlikely that the vessel could be saved. Tho passengers, who, owing to the rough sea, had remained on board, were safely removed by the steamer Forest Queen today. Fcnrless Libeled. The scow Fearless, Thomas McFadden master, was arrested yesterday by Dep uty United States Marshal Wilson, at the suit of Albers & Schneider, who have libeled her to recover $385 alleged to be duo them for an accident. Sealer Alcalde Arrives. SAN FRANCISCO, Feb. 26. The sealing schooner Alcalde arrived In port today from British Columbia for water and pro visions. She bad 120 seal pelts aboard. . Marine Notes. The turret steamer Elm Branch) ar rived up from Astoria yesterday after noon. In charge of Pilot Harry Emken. She docked at the North Pacific mill, and will commence loading at once. The ves sel Is so near like the Orange Branch In general appearance that It would seem a difficult matter to tell them apart. The American ship C. S. Bement fin ished loading yesterday. Sho has aboard 110,450 bushels of wheat and will prob ably be the last of the February fleet to clear, although the Belmont and Gulf Stream will not be far behind her. Domestic and Foreign Ports. ASTORIA, Or., Feb. 26. Left up British steamship Elm, Branch. Condition of the bar at 5 P. M., rough; wind west; weather cloudy. Seattle Sailed, Feb, 25. British steamer Bloemfonteln, for Honolulu; British bark Ravenscourt, for Queenstown. Arrived Feb. 28. British bark Iverclyde, from Hamburg. New York, Feb. 26. Sailed Aller for Naples, etc Gibraltar Arrived Feb. 25. Trave, from New York, for Naples and Genoa. Naples, Feb. 26. Arrived Columbia, from Genoa. Glasgow, Feb. 26. Sailed Stato of Ne braska, for New York. Bremen Sailed Feb. 25. Bremen, for Now York. San Diego, Feb. 26. Arrived British steamer Strathgyle, from Hong Kong. Port Townsend Arrived Feb. 25. Ship Two Brothers, from Santa Rosalia. Victoria Passed Feb. 25. Steamer Port land: from Unalaska, for Nanalmo. Falmouth Arrived Feb. 24 British ship Arracon. from. Tacoma. Hong Kong Arrived Feb. 24. British steamer Empress of Japan, from "Vancou ver. Yokohama Sailed Feb? 23. British steamer Empress of India, for Vancouver. Nanalmo Sailed Feb. 25. Norwegian steamer Titania, for Port L03 Angeles. Dublin Arrived Feb. 24. German bark Neck, from Portland Or. Bristol, Feb. 26. Arrived British ship Sofala, from Portland, Or. Shanghai Sailed Feb. 24. British ship John Cooke, for Portland, Or. San Francisco, Feb. 26. Arrived Steam er Queen, from Victoria; steamer Alice Blanchard. from Coos Bay; Bteamer Rob ert Adamson, from Nanaimo; steamer Del Norte, steamer Grace Dollar, from Gray's Harbor; steamer Benmohr, from Oyster Harbor. Sailed Steamer Columbia, for Astoria and Portland; steamer Bristol, for Nanalmo; tug Traveler, for Coos Bay. Bremen, Feb. 26. Arrived H. H. Meier, from New York. Liverpool, Feb. 26. Arrived Etruria, from New York. Halifax, Feb. 26. Arrived Dominion, from Liverpool. POLICY FOR PHILIPPINES. A View of the Situation From the Islands Themselves. The Manila Times of January 27 con tains an article on the proposals Intro duced In Congress for guaranty of the Independence of the islands, and shows distinctly what such policy would lead to. It says at the outset what is appar ent to everybody, that "the intent of the introduction of such resolutions is not to aid the Filipinos, but to embarrass the Republican party," and that if, "Inci dentally, the Filipino Insurgents are en couraged to continue a hopeless guerrilla warfare, It does not seem to matter." Here follows the remark that It "would be more patriotic and save many .valuable lives to Introduce no resolutions Into Con gress except to the effect -that peace In the Philippines must precede legislation regarding them." The Manila paper pro ceeds: The sixth resolution of the earles Introduced by Senator Bacon states that when an inde pendent government shall have ben established Jn the Philippines and approved by the United States, "It Is the design and intention of the United States, through treaties with the lead ing nations of the world, to secure the guar anty of the continued Independence" of the islands. The folly of this consists In the uselessness of such treaties. They can easily be made, but they never stand a strain. Another set of reso lutions, telegraphed some days since, as the policy agreed on by the Democrats, committed the United States to a formal "protectorate" of the Islands. That position had at least the merit of being clear. It committed the United States to go to war in defense of Filipino Inde pendence. From a party standpoint, the aban donment of this phraseology was wise, for It Is morally certain that the people of this coun try will never agree to anything of the kind, and to maintain that contention was to court certain defeat The proposal substituted In the Bacon resolutions la ten times worse both for the Filipinos and for us, but has been adopted because It seemed to sound well, and because It might be possible to blind the people to the ultimate consequences Involved. -The objection to such a treaty guaranty as the Bacon resolutions propose Is, on the part of the Filipinos, that it gives them many masters Instead of one for all guarantors are masters of those whom they guarantee gives them no one certain friend on whom they can rely, or any one certain market In which they have an advantage, and leads almost directly to their ul timate absorption by some one of the guarantee ing powers. The objection on the part of the United States Is that It commits this country to Indefinite obligations morally certain In the end to Involve us In disputes, and perhaps war, with our associate guarantors. Experience shows that no Joint -or other guar anty Is effective to preserve the permanent In dependence of a nation the mass of whose peo ple are only seml-clvIllzed. The guaranteed nation sooner or later Is Incorporated with one of the guarantors. The experience of Hawaii is In point. In 1843 England and France united In a Joint declaration recognizing the independ ence of the Islands, and covenanting never to take possession, "either directly or under the title of a protectorate, or In any other form, of any part of the territory of which they are composed." "When the Hawaiian commission ers reached "Washington our Government did not sign, but cited the recognition by this country the year previous as quite sufficient The rest Is well known. Hawaii has become part of the United States, and, owing to her position, with out protest from any other power. The Samoan agreement was another instance. Three na tions, recognizing a semi-Independence, under took to govern the group Jointly, and were un able to get on together for a week. The result was that one withdrew and the other two di vided the Islands between them. Had they been as Important as the Philippines, there would have been trouble, and perhaps war. A treaty with "the leading nations of tho world" to guarantee the Independence of the Philippines Is precisely one of those "en tangling alliances" which this Nation has re solved not to engage in, and which It Is certain that it never will engage In. o ' THE RUNNING RACES. Yesterday's Winners at Oakland and New Orleans. SAN FRANCISCO, Feb. 26,-The weath er at Oakland was fine and the track fast The results were: Three and a half furlongs, selling Corn Cake won, Impromptu second, Socapa third; time, 0:42. Seven furlongs Pat Morrissey won, Don Luis second, Colonel Hoot third; time, 1:27. One mile, selling Wyoming won, So cialist second, Raclvan third; time, 1:41. Mile and a sixteenth, purse, ?1500, Gunst handicap Rosormonde won, Storm King second, Ben Doran third; time, 1:46. Mile and a sixteenth, selling Tappan won, Scotch Plaid second, Horton third; time, 1:50. Six furlongs, selling Novia won, Pom plno second, Jingle Jingle third; time, 1:14. Races nt Nerr Orleans. NEW ORLEANS, Feb. 26. The results today were: Seven furlongs, selling Miss Dede won, Right Bower second, Ben Chance third; time, 1:29. Six furlorrgs Sir Christopher won, Cherry Head second, Acushla third; time, 1:15. Mile and a sixteenth, selling Koenlg won, Loyalty second, King Elkwood third; time. l:49. Mile and a quarter Strangest won, Don na Rita second, Baratarla third; time, 2:08. One mile, selling Nekarnls won. Agita tor second, Raceburd third; time, 1:41. Six and a half furlongs Duchess of York won, Palarm second, Banker Green third; time, 1:22. a i A Nebraska Tragedy. BROCh.. Neb., Fb. 26. Wilson Wakelln, a prcjrlnent farmer, murdered his wife ln.it r:ghl by cutting her throat with a razrr. He then went to the graveyard where his first wife was burled, and, s'.andins on her grave, cut his1 own throat, falling forward dead. Mrs. Wakelln was at one time president of the W. C, T. U. of Nebraska. OREGON SUPREME COURT TWO OPINIONS WERE HANDED BOW YESTERDAY. Judgments of Lower Courts Affirmed in Appeals From Linn, and Clack amas Counties. SALEM, Feb. 25. The Supreme Court today handed down decisions in two ap peal cases, in both of which the judgment of the lower court was affirmed. The cases were aar follows: J. G. Crawford, appellant, vs. the Al bany Ice Company, respondent, from Linn County, George H. Burnett, judge, af firmed. Opinion by Bean, J. This was an action upon a promissory note for ?255, dated January 24, 1S94, pay able six months after date to the order of Charles F. Casey, and alleged to have been made by the defendant corporation through its President, J. A. Crawford, the plaintiff herein, and J. R. Stockman, its Secretary, and assigned by Casey to the plaintiff. The answer put in issue the allegation In the complaint that the note was made by the defendant, and, for an affirmative defense, alleged that Crawford and Stock man had no authority from the corpora tion to sign or deliver the promissory note, or any note, or to contract any debt or liability against the company, and that the note la therefore voia. The reply de nied the averments of the answer, and upon trial the plaintiff was nonsuited on account of a failure of proof. The question before the Supreme Court was whether the Albany Ice Company Is liable on the note. The opinion says in part: "It appears from the testimony that the defendant was incorporated in April, 1$S&, to engage In the manufacture and sale of Ice, also to buy and sell real property and to mortgage the same, as well as to con vey such real property by deed, to draw bills of exchange and to sign promissory notes, and Its stockholders Immediately organized by the election of five directors by whom the plaintiff was chosen Presi dent and Stockman Secretary of the cor poration. From that time until the 24th of January, 1S94, when the note In ques tion was executed, the corporation was engaged In the manufacture and sale of Ice, and during such time no meeting of the stockholders was held, and but one meeting of the Board of Directors, which wa3 on the 30th of April, 18S9, for the pur pose of electing a "Vice-President and Man ager of the company, whose duty It should be to act and preside In the absence of the President, and to assume the general management of the business affairs of the company, at which meeting E. J. Lansing was chosen Vice-President and Manager, although it seems that the business was subsequently conducted by Stockman. "No by-law or resolution was ever adopt ed by the corporation authorizing Its Pres ident or any one else to make and execute promissory notes for or on Its behalf; but it la admitted that tho note sued on was signed by the persons whose names are affixed thereto, and that they were, re spectively, the President and Secretary of the corporation, and constituted two of the Ave members composing Its Board of Directors. "It is elementary law that the President and Secretary of a corporation, as such, have no power to bind the corporation by the execution of promissory notes or other contracts. ... It la expressly admitted that Crawford and Stockman had no di rect authority from the corporation to ex ecute the note, and there is no evidence of an Implied authority to do so. . . . "But the main contention of the plaintiff la that Its execution was subsequently ratified. The evidence and offers to prove show that the note was given to Casey for a debt due him from the corporation for labor and services Tendered, and that two of the Ave directors, besides Stockman and Crawford, subsequently knew of Its execution and never expressly disaffirmed or objected to It. But this Is not sufficient evidence of a ratification to bind the cor poration. . . . The note was given on account of a pre-existing debt, and if It was unauthorized at the time the mere fact that tho officers of the company may have known of Itg execution and did not expressly disaffirm it would mani festly not make It the binding obligation of the corporation In the hands of one who took It with full knowledge of the cir cumstances under which It was executed, as Is admitted In this case." James R. W. Sellwood, et al., respon dents, vs. P. J. Henneman et al., appel lants, from Clackamas, A. F. Sears, judge; afflrmed. Opinion by Moore, J. This was a suit to reform two deeds. It was alleged In the complaint that on September 7, 18S0, plaintiffs and James R. W. Sellwood were the owners In fee and in possession of premises in Clackamas County (a description of the premises be ing given In full by metes and bounds); that on said day they bargained and sold the premises to the defendant, J. G. Zln ser, for the sum of $75 per acre; that said tract was surveyed by N. W. Randall, the then Surveyor of said County, who set stakes at each corner and furnished a description thereof which, by mistake, was as follows (description in full); that on said day plaintiffs and James R. W. Sellwood executed a deed to Zlnser of tho tract as described by the Surveyor, whjch, by mutual mistake. Included a strip of land adjoining on the east that intended to bo conveyed (description of the strip given); that on April 71, 18S2, Zlnser and wife conveyed to the defendant, P. J. Henneman, all their interest in said prem ises by a deed containing the same descrip tion as in that from the Sellwoods, but It was intended thereby to convey only the tract 30 staked by Randall, the stakes set by him having been shown to Henneman, who took the premises with full knowledge of the true boundaries thereof; that neith er of the parties to the suit discovered said mistake until September, 1891, and that plaintiffs have succeeded to all the Interest James R. W. Sellwood had In the tract of land so erroneously conveyed. The opinion says: "It Is contended by appellants' counsel that the plaintiffs having failed to allege the contract entered Into between them and Zlnser, or between him and Henne man, the complaint did not state facts sufficient to constitute a cause of suit. . . . It has repeatedly been held by this Court that In a suit to reform a deed or written contract on the ground of mistake, the complaint should distinctly show the orig inal agreement of the parties and point out with clearness and precision wherein there was a mistake. . . . All that li necessary in the complaint Is, that It shall plainly show to the Court the alleged mistake which It is aslred to correct, and If the false description and the true de scription are both set out in the com plaint, the Court is informed of all the facts which are necessary to enable It to grant the relief prayed for. The com plaint herein conforms to the rule . . . and Is sufficient." The Court also holds that th!s Is not a suit to try title nor a suit to settle a dis puted boundary. Minor orders were made In the Supreme Court today as follows: Mary E. Qulnn, appellant, vs. Caroline A. Ladd et al., respondents; ordered on motion that appellant's time to file a peti tion for rehearing be further extended M days. ' Ella Rathburn, respondent, vs. the O. R. & N. Co., appellant; ordered on stlDulatlon that the appellant have until March 5, 1900. to serve and file Its brief. The Oregon Real Estate Company, ap pellant, vs. the City of Portland et al., respondents; ordered on stipulation that appellant have leave to withdraw the ab stract herein for correction, and that the transcript herein may be corrected and completed by adding thereto certain rec ords omitted from the 6a!d transcript. Petitions for rehearing denied in the following cases: Hand Manufacturing Company, plaintiff, vs. J. S. Marks et al., defendants. A. G. Spaulddng et al. ap- SWEE T After Long Nights of Torture? The agony endured through loee of sleep can only be appreciated by those to whom a merciless fate has brought this experience. To lie in bed, minute after minute, hour after hour, night after night, unable to sleep; to roll and toss, to walk the floor, longing for sleep to close the aching eyes and rest the tired brain! Do you realize that biliousness accounts for three-fourths of the insomnia of today? Such is the fact; and it is equally true that no surer or safer remedy is known. than that great liver invigorator, Warner's Safe Cure. Biliousness causing loss of sleep if neglected may lead to insanity that awful state in which one is lost to himself and friends forever. No excuse for neglect. Warner's Safe Cure is procurable in every town in the United States and you are mak ing no experiment in using it. Thousands have already testified to its curative merits in liver and in kidney disease. Medical advice free. Address Warner's Safe Core Cs., Beefeester, N. Y. Microscopical examln&Uecs on appMaatlon. pellants, vs. Sherman D. Brown et aL, respondents. M. J. McMabon, respondent, vs. John F. Duffy, appellant. Cora Oyler respondent, vs. Israel Dantoff, et al., ap pellants, and John Savage, sr., respondent, vs. John Savago jr., appellant. Amos T. Young, et aL, respondents, vs. State of Oregon, appellant, pending motion to amend judgment overruled. N. B. Knight, respondent, vs. J. H. Hamaker, appellant, motion for leave to respondent to submit cause upon oral ar gument without a printed brief, argued and submitted. HOTEL ARRIVALS. THE PORTLAND. F M Ralff. Montana E H Morrison, do W M Gottschalk, Mil waukee R "W Goodrich & w, Vt E C Cross & wf, Salem J B Menasco. Los Angf John N Griffin, Astorku Mr & Mrs W A Ward, Victoria Mrs F S Hussey, do Mrs Davie, Victoria J Rceenhaupt & wife, Spokane H E Osborn, Waukesha L J Gaapar, do Thog Doyle, Tacoma Henry Shaw. N Y C C McDonald, Astoria A I Doanell. Seattle A C Anderson, Chicago H Rosenbaum. N x J E Tate. New York A H TempHn, City J "W Astley & w, Ross land. B C S C Thompson, St Paul 5 Calderhead, VT W H E Clarke, U S Army M J Andrews, San Fran Ed N Camp. Chicago Dr Douglas Brown, N Y H A Ekman, St Paul G C Rowan, So Omaha Horace H Smith, Phlla R P Lewis, St Louis L B Merton, San Fran F "W "Wood. Dayton Ed 1m Roes, Springfield, Mo Emll Pick. New York B W Furbush. Boston Geo J Birkel, SanDiegojJas Cronln, Spokane. U i Hamilton, N x THE PERKINS. W D Arnold, La Grand Miss Ball. Albany, Or Wm A George. New Mrs TV D Arnold, do W F Rand. Hood River wnatcom A Herlan. Seattle Mi3 E S Collins, Os- J C Wolf. Sllverton, Or trander S E Hamilton, Albany E A Smith, New York Mrs E A Smith, do W J Atkins, Wis Mrs W J Atkins, do C W Welby, San Fran S Arnold. N S V W H Brackett, New Whatcom Matt Mosgrove, Milton A Hylander, ChehaHs E L Young. ChehaUs Mrs D A Hatton, Spok Master Hatton. spokan Miss Dollle Wiggins, Montavllle. Or Marlon R Decker, do A J Johnson. Astoria L Karmlchael, Chicago Mrs u Karmlchael, do W Hart. City Clara E Johnson, Bridal C C Hazleton. Creawell veil. Or W W Scott, Creswell F M Smith. San Fran Horace N Aldrlch, do Mrs Aldrlch, do H E Dodson, Warrendal W H Smith. Tacoma C R HarnbHn, Cinema Ike Rosenblatt, San Fr J C Rodger, Kansas Cy J H London, San Fran J Lewthwalt, Oreg City J L Goodnight, Uen esee. Idaho A Chrlstenson. Lewlstn A B Little, Houlton E B Btoner, Astoria D W Ward, M D, For est Grove Mrs Ed M Ward, do Hadley Mulkey, Mon mouth. Or D J Collins. Indp. Or Mrs J H Landon. do I P Reese, McCoy, Or w T Dickerson, san irr H B Brown. Astoria Mrs H E Brown, do Mrs J W Conn, do G W Bowen, Glenwood, R R Hlnton. Bake Ova N D Mrs G W Bowen. do W G Hlnton, do John Donahue. Hood R Mary Hlnton, do R J A O'Reilly, Spokane S Melster, Seattle Theo Franks. St Paul A Kulzle. Astoria N S Booth. MeMlnnvlll Bert Ehelton, Goldenda! Mrs Shelton, do Richard James, Astoria THE IMPERIAL. C W. Knowles, Manager. Rob Drain, Drain, Or C D Drain, Drain. Or A M Smith, Shedd, Or D J Hanna, City G H Spencer, Spokane H A Moore, Pendleton Mra Moore, Pendleton S B Sanner. Kansas Geo A Shields. Astoria Mrs Shields, Astoria H A Anderson, Astoria T T Geer, Salem Mrs J C Mayo. Astoria W B Ebberman.Seaslda A L Brown, Salem, J H Fell. John Day F Tm Parker. Astoria J V Bins, Chicago Mrs A Tenney. Pomona W S Llvennore, Olymp A G Gibson, Seattle Miss Montelth, Hunt ington, Or R H Miller. Sumpter Jack Barber. Eureka p S Stanley, Oregon Cy Mrs Stanley, uregon. uy F Plank. Minneapolis 3 M Calderwood, W W 1 Mrs M L Holbrook,Che- R Burns, walla walla J Thoney, Walla Walla halls. wash. Mrs Holbrook, ChebaUa The Mlneowners Club, City Dr R F Johnson, Castle Rock Mrs R F Johnson, do Mrs H R Johnson, Du- luth Miss Johnson. Dulath A W Harpest, Red Biff Sol Stump. Monmouth W T Hoffman, do Frank Flsoman, do J W Howell. Oregon Mrs M Davidson. Cor- vallls G W Shaw. Corvallls D Ellery, Corvallls D I Baker, MeMlnnvlll J H Sullivan, Wyo Ann S Barnes. Black foot J W Sons, Stevenson A M Titus, Knappa W G Swalwell. Everett C D Perrlne, N Y H Chtlders, Montague Edwin Stoae, Albany W A Avery, Gtendale W S Offner, Walla W S M Munson, Moscow W R Ramsdell, Spokan G Chambcrlln. Spokane C R Smead, BiaiocK Mrs S Amsden, Eastlnd Amos Hendricks, Gas ton. Or M S Millard, Wardner J M Keen, MedTord M S McDonald.Rockfrd F C Mulllns, La CrooBel G Kwauth, jr. N Y Mrs S D Nagle, Los Angeles T A Chadwlck, Salem. Miss Bancroft, Gregory H F Mcllwaln, Albany Mrs Mcllwaln. Albany S H Fields. Riddles Mrs De Lashmutt, Ger- vals Mrs Hattio B Robblns. Gervals Miss Jacob, Jefferson J K Weatherford, Al bany W S McFadden, Cor- vallls THE ST. CHARLES. E T Jones, St Paul Mrs E T Jones. St Paul Geo Howatson. Ashlnd Wm McLeod, Hornbrk T B O'Connor, do Sergt C T Godfrey.CIty O Olsen. Astoria Mrs O Olsen. Astoria Peter Nelson, Astoria J C Wendel, do Thomas Day. do C A Smith. Rainier Mrs Peter Nelson, do IE T Dykeman. Rainier S S Olsen. Pawnee. Oil Riley Smith. Dayton Mrs S S Olsen, do C J Hansen, do L C Roberts, do Hugh Glenn, Dalles Albert Fuller. Dalles J Godfrey, San Fran J-. l jfauison, san Fran J M Reid. Etna. Wash J S Taibert. Wheatland J C Kerr, Wheatland O Farley, Seattle Geo Robinson, do C F Godfrey, OakeodaleiA E Bpckwalter, Salem G H Stevens, Salem H C Bartlett, Gunnison J H Miller. Oregon Cy Cnas Harfey, San Fran O L Horton, Spokane T J Kinder, La Center H G Jordan, Camden Eva Smiley. The Dalles Mrs Jordan, Camden J O Gard, Wllda City Lon Ha idle. Camden W R Garreny, W Portld F McKJnnon, Spokane !Mrs Garreny, do E H Beach. City 18 Y DIetderlcks.Vancvr W S Bryant, ScappooseJGeo Barr, Vancouver J W McCutcheon, do M Kirk, City B St John, McCoy IE Hadley, Cape Nome N Addison, Dayton ID W Harrison, Salt Lak F A Perkins. La Grnd Percy Houts. St Louis Joe Freeman. Houston G A Jones. Cripple Crk Frank Grieve, AshlandU J Kerr, Stella Robt Gray, Ashland j Hotel Donnelly. Tacoma. Euronean plan; headquarters for com. raerclal men. Chllberg's restaurant la connection. Hotel Bntler. Seattle. European. Booms with cr without bath. Ladles' and gents' grillrooms in connection. Kruse's Grill Room and Restaurant Stark street, opp. Chamber of Commerce. Tom Sharker's Talk. NEW YORK, Feb. 26. Tom Sharkey Is out with a statement to the effect that SLEEP if he cannot arrange a match with Bo Fltzshnraons or James J. Jeffries he will retire from the ring. The sailor says ha will not fight McCoy again, all statements of his manager to the contrary notwith standing. In discussing the matter yes terday Sharkey said: "I have beaten McCoy In decisive s?1 and there is no good reason why I should! light him again. I am after bigger game. I want to fight either Fltaslmmons of Jeffries. The champion got a decision against me through unfairness on the part of the referee and I want to wipe out that defeat. If Jeffries won't put on tha gloves with me. Til meet Fltasimmons. I beat him In San Francisco on a foul, but I am confident I can knock him out now, hence my desire to sign articles with him. If Fltaslmmons will waive the side bet, I will make a match with him at once. I ask Bob not to insist upon a side bet, for the reason that the lavr prohibits fights for stakes." Dally- TreasHry Statement. WASHINGTON. Feb. M. Today's state ment of the condition of tho treasury shows i Available cash balance $296,693,324 Gold reserve 227,747 618 Electricity cures weak men. No drugs to poison the stomach, but nature's restorer, to renew the vigor of youth. Men, are you weak? Have you begun to feel the effects of past errors and dissipation0 Have you back and shoulder pains? Has exposure to cold and dampness taken the vitality out of your body and left you weak, stiff and sore? Have you Rheumatism, Lame Back, Loss of Vigor, Weak Nerves, Failure of Memory, Weak Stomach, Debility and that Feeling of Exhaustion that cornea to men who have lost the Elec tricity of their bodies? If so the Will relieve you of your aches and pains at once, and a perma nent cure will follow in from 30 to 60 days' faithful use of the Belt. Call or write for free book. DR. A. T. SANDEN RiwscF BJdg., Cor. Fourth and Morrbon Sts. PORTLAND, OR. Omce hours: 9 to 9, Sundays, 9 to X, A teasDoonfttl of Abbey' Effervescent Salt in a ha j tuabler of water, everr moraine, will Rive you a good appedte and better I still it will assist your di ve 4nd excretory organs to properly their function!, thus iteiinr yen in I cattftattt goad ktaltk. vi. w , b. v ANoxRrozt, newi orx cur, I states : I have wed Abbey s Salt with I the most complete satisfaction ' Dr.J.C Stmst, New York CHy. states " I have the most excelkat results with j yaw SaK In the treatment of gastrtis ' as .Ltraggms. 35c , 50c a. 91 a ooiue. '. . . EECHAMS PILLS Purify the Blood, f Care Blotches, Im-T 4fcjav faaiaU'v4ait v ff ve Cearolexlen. et-25 ceati.