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.