Morning Oregonian., March 06, 1900, Page 8, Image 8

THE ItfOTtNINGr OREGONIAN, TUESDAY, MARCH 6, 1900".
3
OREGON SUPREME COURT
OPINIONS HA3TDED HOSTS TS FIVE
CASES.
Tbe Decisions of tbe tower Conrt
Were la. Eack Case Affirmed by
' the Higher Tribunal.
SALEM, Or., March 5. The Supreme
Court today banded down opinions in five
cases, in all or which the decisions of
the lower courts were affirmed.
The County of Multnomah, respondent,
vs. Penumbra Kelly, Sheriff, et al., ap
pellants, from Multnomah County; Alfred
P. Sears, Jr., Judge; affirmed. Opinion by
"Wolverton, C. J.
This was an action instituted October 15,
1S97, by the plaintiff county against Its
former Sheriff, and the sureties upon his
undertaking, for the faithful performance
of his duties as tax collector, and for the
payment to the County Treasurer of all
moneys collected by him in such capacity.
Tho funds for which recovery is sought
were collected between March 2S, 1S93, and
August 1 of the same year. The case
came to the Supremo Court on demurrer
to the complaint, based upon the single
ground "that the action has not been
commenced within the time limited by the
'Code of Civil Procedure as appears
upon the face of said complaint, to-wit,
within three years from the time the al
leged cause of action arose." The court
below held that the demurrer was not well
taken, and, judgment being rendered for
the plaintiff, the defendants appealed.
In sustaining the ruling of the lower
court, tho opinion says: "The defendants
invoke section 7, 'Hill's Annotated Laws
of Oregon,' in bar of the action, which
section prescribes that 'an action against
a Sheriff, Coroner or Constable, upon a
liability Incurred by tho doing of an act
in his official capacity, and by virtue of
his office; or by the omission of an offi
cial duty; including the non-payment of
money collected upon an execution,'
shall be commenced within three years.
But its application is not apparent. The
duties of the Sheriff as tax collector are
quite distinct from those Imposed upon
him while acting In his ordinary capacity.
For the faithful discharge of such duties
he is required by the statute to give a
separate and distinct undertaking. In
deed, his undertaking as Sheriff will not
cover defalcations as tax collector. Co
lumbia County vs. Masslo, 31 Or., 292.
. Tho duties imposed upon the Sheriff
-while acting in the capacity of tax col
lector ale special in character, and are
not such as pertain to the ordinary func
tions of that officer. Section 7, subdivision
3, has reference to actions against the
Sheriff upon liabilities incurred by him
while acting in the discharge of his ordi
nary functions; and we are of the opinion
that it was not designed to cover the de
falcations of the Sheriff while acting in
his official capacity as tax collector, any
more than the undertaking as Sheriff was
designed to cover his acts while In the
discharge of his special functions. Such
being tho case, Howo vs. Taylor, C Or.,
2S4, becomes decisive of the controversy,
and the action may be denominated one
arising upon a liability created by stat
ute, and governed, n respect of the limi
tation of Its commencement, by subdivis
ion 2 of section 6' Hill's Annotated .Laws.'
Six years is, therefore, the time prescribed
for Its commencement. "Within the rule of
that case the undertaking must be con
sidered as a security against the official
delinquencies, and the officer, by his neg
lect of duty In falling to account for the
funds collected, rendered both himself
and sureties liable thereon."
"It is insisted, however, for the first
time, that the complaint does not state
facts sufficient upon which to base the ac
tion in this, that it does not show that
leave had been first obtained of the court
in which tho action was brought, or of
the Judge thereof, before commencing the
same, as required by section 342, 'Hill's
Annotated Laws.' . . . As the question
was not raised in the court below, and
the section just quoted having designated
a specific mode of raising it, which is by
motion for nonsuit, if it does not appear
from the complaint that leave had been
granted, and that mode not having been
adopted, we do not now feel like disturb
ing the action of the lower court."
David Brand, appellant, vs. the County
of Multnomah et al., respondents, from
Multnomah County; Alfred E. Sears, Jr.,
Judge; affirmed- Opinion by Wolverton,
C. J.
The facts attending the present contro
versy are, in brief, as follows: The plain
tiff Is tho owner of lots 2, 3 and 4, in
block 72, of the City of Portland, extend
ing on the cast to the Willamette River,
and having appurtenant thereto the usual
riparian rights and privileges. They are
bounded on the west and south by Front
and Madison streets. The grade of Front
street was established by competent au
thority long prior to the erection of the
bridge in question; that of Madison, from
Front to the -river, has never been estab
lished, except as the authority given for
the erection of such bridge and Its western
approach may have served for the pur
pose. Tho Columbia-Street Bridge Com
pany, a private corporation, was, by an
act of the Legislative Assembly, approved
February 26, 1SS5, and amended February
25, 18S9. granted the right, privilege and
authority to construct and maintain a
bridge across the Willamette River, be
tween the cities of Portland and East
Portland, for any and all purposes of
travel and commerce. Among otner
things. It was thereby provided: "Said1
bridge shall be constructed of iron, and
shall be conveniently arranged for the
safe passage of wagons and other ve
hicles, and shall have proper sidewalks
for pedestrians, and such bridge shall be
' so constructed, maintained and. used
from, on and along Madison street and
(In) the City of Portland, to, on and
along Hawthorne avenue (otherwise des
ignated and formerly known as Asylum
street), In the said City of East Portland.
. . . Said bridge shall conform to tne
grade of Front street. In Portland, and
Water street, in East Portland." The cor
poration and Its assigns were empowered
to tako tolls, but the County Court of
Multnomah County was authorized to fix
and regulate the rates thereof from time
to time, as occasion seemed to demand.
The bridge was constructed In pursuance
of tho authority thus granted, but at the
time of its construction an open roadway
14& feet in width was left in the center
of its western approach, leading from the
eastern line of Front street down the In
cline to Madison street, giving ingress and
egress to plaintiff's buildings, situate on
his lots on the river bank, "which are
much lower than the bridge approach. In
November, 1S9L the bridge committee ap
pointed by authority of an act of the
Legislative Assembly, filed In the office of
tho Secretary of State, February IS, 1S9L
purchased said bridge pursuant to the
provisions of the act, and continued In
the management and control thereof until
about June 20 following, when the Mult
nomah County Court assumed the man
agement and control, in pursuance of an
act of the Legislative Assembly adopted
February 1, 1S95, and has continued In
such management and control ever since.
In April the br'dgo committee, claiming
to act In pursuance of lawful authority,
planked over and closed up the said open
ing, and caused said west approach to
be made even and solid. Before closing
the opening, or roadway, the commission
petitioned the Common Council of the City
of Portland, praying its consent thereto,
which was accorded; with a proviso, how
ever, that the "commission restore the
driveway if not satisfactory to property
owners." The approach, since the closing
up of said opening, has been kept and
maintained In that condition to the pres
ent time, and the plaintiff has been and
is now deprived of the means of ingress
and egress with teams and vehicles to
and from his said buildings by way of
Madison street. The "bridge has, ever
since its completion, been used by the
general public The Columbia-Street
Bridge Company charged' and received
tolls for the use of the bridge up to the
time the bridge committee acquired the
same, ever since -which time it has been
free to the general public Th defendant,
the East Side Railway Company, has a
franchise for operating its street railway
upon and over said bridge, and is now
maintaining a double track thereon, and
directly over the space formerly left open
for the roadway. The western approach,
extending from Front street to tho main
part of the bridge, is 281 feet in length,
and is constructed so as to conform to
the grade of 6aid street. The plaintiff
brings this suit against Multnomah
County, the City of Portland and the
East Sldo Railway Company, to enjoin
each of them from maintaining the said
bridge and the western approach thereof
In its present condition, and to require
them to reopen the said roadway from
Front street to the plaintiff's water-front
buildings. The defendants prevailed In
the court below, and the plaintiff appeals.
In affirming the lower court, the opin
ion lays down the following rules of law:
"Primarily, the state has paramount
control over all the highways -within its
borders, including public streets and high
ways within the confines of municipali
ties. . . . Nor does the mere fact that
the state has delegated certain powers
to the municipality Inhibit it from again
resuming or exercising such powers. . .
. A municipality doe3 not entail any lia
bility for consequential damages resulting
from the establishment of a street grade
unless specially required' to respond by
somo constitutional, statutory or charter
provision.
"Tho authorized establishment of a
street grade, although the change may
result In consequential damages to tho
abutting property, is not a 'taking within
tho meaning of the clause of our Constl
tulton providing that private property
shall not be taken for a public use.
"Wo are of the opinion that the grant
of authority to the bridge company to
erect a bridge connecting the public high
ways theretofore terminating at the river
banks, particularly specifying that the
structure should conform at its western
approach to tho grade of Front street,
was, under tho conditions prevailing, an
establishment of tho grade of that part
of Madison street to be occupied by said
approach. . . .
"It is true that, In tho construction of
tho bridge by tho Columbia-Street Bridge
Company, It left tho roadway open
through tho approach on Madison street
leading to plaintiff's water-front build
ings; but It Is apparent from what we
have said that It was not required to do
so, being authorized, In a practical sense,
to raise the surface grade of the street
by means of the approach. . . . The
bridge committee succeeded to all the
powers and authority granted to tho
bridge company under the franchise, and,
among others, the right and authority to
close up the roadway leading to the water
front, and thus make the bridge approach
a solid structure throughout its entire
width. . . . The fact that permission
was asked of the City of Portland, and
granted, upon tho condition that the com
mission restore the roadway if not satis
factory to property-owners, does not alter
the case. . . . We have not attempted
to distinguish this case as ono affecting
riparian rights, as the rules and principles
we have applied are alike applicable,
whether the change of grade is of a street
extending to the water's edge, or other
wise; and the result will be tho same in
either case."
A. G. Brauer, respondent, vs City of
Portland, appellant, from Multnomah
Count, E. D. Shattuck, Judge; on motion
to recall mandate, motion overruled. Opin
ion by Moore, J.
"This Is a motion to recall the mandate
that the Judgment may be corrected. The
record shows that on September 7, 1S37,
plaintiff having recovered a Judgment for
the sum of $9556 50, with interest at the
rate of S per cent per anum, from the
time the action was commenced, January
6, 1S97, until paid, the defendant appealed,
giving an undertaking for a stay of pro
ceeding, with Sylvester Ponnoyer and
Frank Hacheney as sureties. The Judg
ment having been affirmed in this court,
November 6, 1S99, a mandate requiring the
trial court to render Judgment against the
appellant and said sureties for the sum
of $10 06S 30, with Interest since September
7. 1S97, at the rate of S per cent per an
num, was sent down, and Judgment given
as herein directed. An execution having
been issued on said Judgment In pursuance
of which the property of one of the sure
ties was seized to satisfy the same, it is
contended by appellant's counsel that tho
mandate directs the entry of a Judgment
for a greater sum than that originally
given In the court below, and required the
payment of interest in excess of the rate
prescribed by law.
"The Interest on 53556 50, at the rate of
8 per cent per annum from the time the
action was commenced, until Judgment
was originally given Is $511 SO. It will bo
remembered that the mandate directed the
entry of a judgment for the sum of $10,-
OSS 30, with interest thereon from Septem
ber 7, 1S97, thereby requiring the appellant
and Its sureties to pay $S8 59 as Interest
on $511 80 at said rate from the time Judg
ment was originally given until it was af
firmed. "The statute provides that upon an ap
peal this court may affirm, reverse or
modify the judgment or decree appealed
from In the respect mentioned in the no
tice and not otherwise. Hill's annotated
laws, section 544. If It be assumed that
Judgmentshould originally have been given
for the sum of $10,068 30, tho failure of the
trial court In this respect Is not assigned
as error In the notice of appeal, and so
this court, in such case, could only affirm
the judgment, and, having done so, the
mandate should have directed the entry of
a Judgment for the sum of $9,556 0 only,
with Interest thereon from the time the
action was commenced."
It Is held that the interest was properly
computed at 8 per cent, notwithstanding
the change made In the legal rate, and
that the Judgment was properly given
against the sureties. "Section 352 of the
code relates to the manner of enforcing
Judgments rendered against public cor
porations, and not to the form of the
journal entry thereof."
In closing, the opinion makes tho fol
lowing provision: "In consequence of tho
misstatement of the amount of the Judg
ment, and the date from which Interest
thereon should be computed, the mandate
must be recalled for correction, unless the
respondent shall consent to the remission
of the said sum of $38 59, and upon the
filing of a remittal to that effect In the
court below, and In this court within 10
days, the motion to recall the mandate will
be overruled'
W. J. and F. H. Huffman, respondents,
vs. John Knight, appellant, from Marion
County, George H. Burnett, Judge; af
firmed. Opinion by Bean, J.
On August 7, 1S95, the defendant, as Sher
iff of Marlon County, attached a quantity
of wheat and oats, two flocks of sheep
and other chattels under a writ of at
tachment issued ln an action brought by
Benton P. Taylor, against L. B. Huffman.
Shortly thereafter the present plaintiffs
commenced an action to recover possession
thereof. In their complaint they alleged
that they were the owners and entitled
to the lmmedlato possession as tenants
In common of an undivided two-thirds In
terest In the wheat and oats, an undivided
one-half Interest In the two flocks of sheep,
and the whole of the other property. The
jury found that they were the owners
and entitled to the immediate possession
of all the property, except the undivided
property, and that the defendant was en
titled to the possession of the latter. A
Judgment was thereupon rendered In fa
vor of the plaintiffs for the possession
of all the property, except the undivided
part, and that as to it "tho action be
and the same Is hereby dismissed." There
after the defendant sold the undivided
property under an execution Issued on the
Judgment recovered In the action of Tay
lor against Huffman, whereupon the plain
tiffs brought the present action in trover
to recover the value of their Interest In
such property, and the defendant, having
plead the former action of replevin In bar,
the court below ruled that it was no de
fense and refused to admit the judgment
roll In evidence. Tho plaintiff recovered
judgment, and the defendant appealed,
assigning as error the refusal of the trial
court to hold that the former action of
replevin was a bar to this proceedings,
its exclusion of certain testimony, and In
giving certain Instructions to the Jury.
In approving the decisions of the lower
court, the opinion says, among other
things: "It Is evident that the plaintiffs
failed in their replevin action, so far a&
the undivided property is concerned, be
cause replevin will not He for an undivided
interest. It will be observed that no judg
ment was rendered affecting the title to
such property, but as to it the action was
dismissed, which was equivalent to a mere
judgment of nonsuit. ... It Is appar
ent, therefore, that the judgment In the
former action is no bar to the present one,
because the title of plalntlff-to the prop
erty now In controversy, or his right to
the possession thereof, was not In Issue
and could not have been tried In that ac
tion." "The remaining question on this branch
of the case Is whether a party whose prop
erty Is taken by a single trespass may
maintain replevin so far as It Is the proper
and appropriate remedy and recover the
possession of so much of the prcexty
as can be Included In such an action and
trover for the remainder. ... If a
trespass be committed by the wrongful
taking of property, some of which 's
owned absolutely by the plaintiff, and
the remainder is owned by him as a ten
ant, in common with another, we know of
no rule that requires him to elect whether
he shall sue In replevin and forego his
right to the property which he owns
in common and for which he cannot main
tain an action of replevin, or waive his
right to recover the possession of any
property, and sue In trover, for damages
for the conversion of all." . . .
It is also held that there were no errors
In rulings upon tho Introduction of evi
dence or In giving Instructions to the Jury.
M. P. Jones, appellant, vs. Polk County,
Oregon, respondent, from Polk County, H.
H. Hewitt, judge, affirmed. Opinion by
Moore, J.
This Is a special proceeding to review
tho action of the County Court of Polk
County In tho matter of establishing a
public highway. From the record It ap
pears that a petition was presented to
said court for the location of a county
road In said county, and satisfactory proof
having been made that notice of tho ap
plication had been given as provided by
law, and the required bond executed,
viewers and a surveyor were appointed,
who met at the time and place specified
by the court and viewed and surveyed
the route of the proposed road, and filed a
report ot such view and a plat of the
survey. Remonstrances against the loca
tion of the road having been filed and ob
jection made to said report en the ground
that the view and survey had not been
made In the manner required by statute,
said court set aside the report and dis
missed the petition. A writ of review hav
ing been sued out, the Circuit Court of
said county reversed the action of the
County Court, and a mandate having
been sent down, the latter court, in pur
suance thereof, ordered said viewers and
surveyor to meet at a designated time
and place and view and survey said
road, and the persons theretofore appoint
ed having complied with the order, filed
another report of the view and a plat of
the survey. The County Court, upon tho
reading of the latter report at the time
and In tho manner prescribed, having
found that the petition contained the
names of 56 and the remonstrances the
names of 51 householders residing In the
vicinity of the proposed road, and that
the amount of damages awarded by the
appraisers to claimants whose lands would
be rendered less valuable by the opening
of said road had been paid by the pe
titioners, declared said road a public high
way. and ordered It to be opened for
travel. The plaintiff, feeling aggrieved by
such action, sued out a writ of review,
and the proceedings of the County Court
In the matter of said road having been
certified up to the Circuit Court for said
county, a trial was had, resulting In a
dismissal of the writ, and plaintiff appeals.
The opinion of the Supreme Court says:
"The question presented by this appeal
Is whether the County Court, having ob
tained Jurisdiction of the subject matter
and of the persons affected by. the estab
lishment of the county road, exhausted the
measure of Its power by the failure of the
viewers and surveyor to comply with the
statutory requirements In the perform
ance of the duties Imposed upon them.
"The County Court of Polk County hav
ing acquired Jurisdiction In tho manner
prescribed by law of the subject matter
and of the persons affected thereby, and
being vested with a discretion In the
matter, possessed the necessary power to
set aside the report of the viewers and
to appoint them or others to view and
survey the proposed road, and having done
so, no error was committed by the Cir
cuit Court In dismissing the writ or re
view, and hence it follows that the judg
ment Is affirmed."
T. T. Burkhart, appellant, vs. R. C
Hart, respondent, from Multnomah Coun
ty, Alfred F. Sears, Judge, affirmed. Opin
ion by Bean, J.
This action was commenced to recover
on a promissory note for $100 executed
by the defendant and made payable to
the order of the Title Guarantee & Trust
Company one year after date and assigned
to the plaintiff after maturity. The de
fense was a failure of consideration, and
the defendant prevailed. Upon hearing
In the Supreme Court it Is held that
there was no material error in the court
below.
The State of Oregon, respondent, vs.
John E. Blazler, appellant, on motion to
dismiss appeal; motion allowed. Opinion
per curiam.
"This Is a motion by the state to dis
miss the appeal, because the notice there
of has not been served upon the clerk
Of the court where the Judgment roll was
filed, as required by section 1433, Hill's
Annotated Laws of Oregon. The caso
comes within the decision in State vs.
Horner, recently decided, and the motion
will, therefore, be allowed."
State of Oregon, respondent, vs. A. M.
Rowe, appellant, appeal dismissed upon
the ground that the appellant has failed
to prepare, serve and file a printed brief
within the time required by rule 6 of the
Supreme Court.
Mcdynskl vs. Thelss, petition for rehear
ing denied.
Dunne et al. vis. Portland Street Rail
way, motion to nfflrm as to George Weld
ler denied.
Irving E. Richardson, of Langdon, N.
D was today licensed to practice In the
courts of this state for a period of nine
months.
Attempted Suicide.
OAKLAND, Cal., March 5. With his
throat gashed to the windpipe and both
wrists nearly severed by self-inflicted
wounds. Ethclbert F. Smith, who has
wealthy relatives in New York and Japan,
was found on a West Oakland street yes
terday. He had attempted suicide with
an old razor. His wounds aro serious, but
he will recover. Ho recently returned
from tho Orient and- was en route to his
brother's home at St. James, Long Is
land. Dissipation was the cause of his
act.
Socialist Expelled.
NEW YORK, March 5. The Central
Federated Labor Union has adopted reso
lutions expelling members of the Socialist
Trade and Labor Alliance from the Fed
erated Union. The, expelled members be
long to the De Leon branch of the So
cialist Labor party.
e
Snake Into Yonr Shoes
Allen's Foot-Eoae, a powder. It cctji pain f nl, rranrt
inc. nerron feat nntt tncrowinjt n&lU, id iattntlr
takes tbs nine oat of corns and btniioni. It's tho
gretttett comfort dlocorerj of the aa. Allen's Foot.
tut mukM tUht or sew shoes feel fear. It Is s
certain core for swp&tlnr. callous nJ hot, tlrsd. aching
feet. Try it TODAT. Sold bj- all drassltta and hoa
J&r; Br maU for ,36c la stamps. Trial psekare
jJUXJH Addr, AUw-i. Olau., U , .
ALL TURN TO DAIRYING
WIMjAMETTB VAMiET FARMERS
EMBRACE THE INDUSTRY.
Statement Which Shovrs the Profits
of the Business New Cream
eries in. Prospect.
Since the attention of Willamette Valley
farmers has been turned to the oppor
tunities that await them In the line of
dairying, the prosperous towns in that sec
tion ore vying -with one another In the
matter of establishing creameries, and en
couraging farmers to take up this profit
able Industry.
The Aurora Borealls calls the attention
of Its readers to the fact that nearly every
town in the state has established a cream
ery or Is about to do so, and points out
tho benefits that will accrue If one is
built and operated in Aurora. The Wood
burn Independent is giving every assist
ance to tho farmers in that vicinity who
have united to build a creamery, and says
that tho enterprise is well under way and
beyond the reach of failure.
The Southern Pacific Is doing every
thing in its power to help the growing
enterprises along. General Freight and
Passenger Agent C H. Markham Is keep
ing himself informed on the progress of
the various creameries, and has given tho
subject of dairy farming much thought
and study. Tho following statement of the
business of the Albany Co-operatlvo
Creamery was complied at Ills direction,
and is furnished by him to The Oregonlan.
It will give an insight into the business
generally, and will be of great benefit to
farmers and others who contemplate em
barking In it:
Business of Albany Creamery.
The Albany Co-operative Creamery, rep
resenting a capital of $5000, was built in
the Spring of 1S95. Taking figures for tho
year 1S99, It received the milk of 3S3 cows
from 52 patrons, handled 1,675,550 pounds
of milk and made a product from the
sale of which It realized $1S,237 18, of which
$14,450 19 net was returned to the 52 pat
rons In payment of tho butter fat taken
from the milk. The difference of $3767 rep
resents cost of manufacture, transporta
tion charges, Interest on stock and amount
laid aside each year to be applied towards
taking up shares of stock outstanding.
The capital stock of $5000 Is made up of
100 shares at $50 each, of which 16 shares
are still in the hands of the association..
A skimming plant, costing $1100, was put
in at Shedds station In 1S97, and arrange
ments aro now in progress to establish
another skimming station at Tangent at
an estimated cost of $1600, which It Is ex
pected will bo In operation by April 1.
Following is a statement showing the
number of patrons, average number of
pounds of better fat to the patron per
year, total amount of butter fat handled
and gross receipts of the creamery during
the five years that It has been in oper
ation: Av. lbs. Total lbs.
butter butter
Gross
receipts.
$ 4.108 82
16,963 03
14.317 74
15.534 82
18,237 18
Patrons.
... 39
... 92
... 62
... 4S
... 52
fat
fat
1595.
1896.
493
19.232
90,693
63.041
59,271
CS.540
SS5
1021
1230
1294
1S97.
1898.
1S99.
It will be seen that the average amount
of butter fat per patron shows a steady
Increase, Indicating that the farmers who
are regular patrons of the creamery have
been giving attention to the improvement
of their cowa
A list of the names of 20 patrons taken
from the books in regular order for the
purpose of setting forth Information In de
tail as to the amount of milk furnished
by each, average test of cowe, amount of
butter fat number of cows and earnings
for the year 1S99, makes the following
showing:
5$
"NAME.
Froman, T
Froman, S
Payne. L. B
Freerkson, S
Miller. A. C
Matasce, G
Alllngham. W
Pugh, J. W
Sprenger, H. B...
Morgan, J. W
Worklnger, G. L..
Brown, J. C
Bateman. N. H...
Porter. F. H
McCormick,W. B.
BIther. P
Forbes. B. R
Sprenger. T. B....
G3.934I 4.2
2SS6
33S0
1336
2370
S2S2
871
3532
325S
$636 90
S0.430
30,635
C6.024
70,280
21.240
87,274
70.942
21.154
20.25S
32.311
762 10
270 15
517 iO
696 75
202 95
779 15
678 GO
216 90
168 So
9S4
00
12S2
2S6 55
310 20
415 15
865 35
253 90
220 00
374 60
127 60
203 65
186 45
32,843!
55.070
1462
1992
105,992
3.8,4076
35.469
4.411501
36,422
4.2,1556
35.32-1
1715
14.10
559
Wilson, L. R
2S.14S
1044
Davis, J. u
18,166
902
In connection with a statement of this
kind It must be remembered that some of
the creamery patrons are In the habit of
retaining at homo the cream used by
themselves for household purposes, which
often makes a considerable difference In
the total result of a year's business.
It will bo of interest to note the total
business of 1S99 as shown In the following
statement by months, wherein Is contained
the total number of pounds of milk han
dled, number of pounds of butter fat,
amount earned by patrons, number of
cows and amount paid per pound for but
ter fat:
g Hi a O
5 : e?n :
d
2Sf
MONTH.
IrV"
ST-
Jan'y
Feb'y
March ...
April
May
Juno
July
August ...
Sept'ber .,
October ..
Nov'ber .
December
Total ...
93.0731 4,024
1,000 00S3S2
920 251 iS3
$0 25
25
26
19
15
15
20
21
20
24
26
27
3.6S1
4.7S0
5,756
8.631
133.151
145.179
1,242 0,33)
T.093 64 367
1.294 65,426
1.243 80,434
1.2S5 40i429
1,003 84 401
21LS03
207,930
S.292I
1&4.356
117.023
128,603
6,427
4.804
5,456
J.lttl IViSH
14LC97
6,201
5,439
5.049
L4S3 24
1,414 14
1,36123
120.S16
116.7S3
L675,5SO;eS,540?14,450 19
Average number of cows, 3S3; average
price, 22 cents.
TABULATED STATEMENT.
Capital Invested $ 5,000 00
Gross receipts last,year 18,237 18
Cost of manufacture 2,361 63
Paid to patrons for butter fat 14,450 19
Average receipts for butter, per lb 23
Average cost, per lb 03
Average price paid for milk, per
cwt SI
Average paid for butter fat, per lb 22
Earnings of average patron 278 00
Pounds of milk received 1,675.580
Butter made, lbs 78,821
Butter yield of average cow, lbs.... 206
Patrons of creamery 62
Average number of cows 3S3
Average number of cows per pa
tron 7
Average test for butter fat 4.30
Average yield of butter, per cent 4.S5
SOME SALIENT FACTS.
As compared with the average co-operative
creamery In the State of Minnesota,
the receipts of the Albany creamery
show an Increase of $3237 IS; a decrease In
the average number of, cows of 139; in
crease In earnings of average patrons of
$123; decrease In patrons of 26; Increase
In butter yield of average cow of 46
pounds; Increase In average paid for but
ter fat per pound of 6 cents; increase In
price paid for milk, per hundredweight, of
13 cents; Increase In average yield of but
ter of .45; Increase In average test for but
ter fat of .5 per cent; decrease In cost of
making butter of .012; Increase In receipts
for butter, per pound, of 6 cents; decrease
In pounds of butter made of 4779 pounds,
and Increase In amount paid to patrons
of 51450.
Tho average patron kept seven cows and
furnished the creamery with 32,222 pounds
of milk, which brought for butter fat $278
per year.
Average cow supplied 4372 pounds of milk
last year, which made 203 pounds of but
ter and brought the owner $37 73 for butter
fat.
In the County of Freeborn, which la the
g a O
x 2S o
O c w
parent county of Minnesota's co-operative
creamery Industry, and is pointed to as a
model creamery county by the leading
dairy authorities of Iowa, Wisconsin, Illi
nois and New York, the average patron
kept between seven and eight cows, fur
nished to the creamery 33.000 pounds of
milk, and received $220 for butter fat. The
average cow furnished 4450 pounds of milk,
which made 210 pounds of butter and
brought the owner $2D 40 at the creamery
door.
Now, comparing the showing mads by
the Albany Co-operative Creamery with
that of the average creamery in the best
dairy county of the United States, It will
be seen that the 32.222 pounds of milk from
seven cows brought the Linn County
farmer for his butter fat $53 more last
vAir thnn the Freeborn County farmer
received for his 23,000 pounds of milk from I
seven and eight cows, or an increase ot
$S S3 per cow.
WHEN WHEAT WAS CHEAP.
Tlnnnn ITrnnelaea Carried SL IOW-
Priced Cargo Five Years Ago.
The British bark Donna Franclsca
cleared yesterday for Queenstown or Fal
mouth for orders, with 131,616 bushels of
wheat valued at $79,000. She was dis
patched by Girven & Eyre, and will leave
down the river this morning, drawing 22
feet 9 Inches. In these distressing days
of low prices for wheat, sellers are prone
to forget that there was a time when mat
ters were very much worse, but the clear
ance papers of the Donna Franclsca yes
terday, compared with those when she last
loaded at Portland, show that present
prices are about 25 per cent above those
of five years ago. The Donna Franclsca
cleared from Portland January 23, 1S95,
with 130,348 bushels of wheat, valued at
$61,400, or 47 cents per bushel.
The departure of the Donna Franclsca
leaves but three ships In port to finish,
the Samaritan, which Is discharging bal
last, and the KInfauns and the Beechdale
loading or ready to load. The Japanese
steamship Doyu Maru, which doe3 not
come exactly under the head of a grain
ship, Is loading wheat and lumber for
tho Orient, and will get away early this
week. The March ships to date have had
good dispatch, the Belmont and the Be
ment both crossing out at Astoria yester
day. The Bement was delayed on account
of the misconduct of the mate; but the
Belmont passed out to sea less than 4S
hours after leaving the Portland harbor.
MORE JAPAN STEAMSHIPS.
Osaka Shoac-n Kalsba to Increase Its
Capital.
Tho Japanese steamship line, entitled
tho Osaka Shosen Kalsha, according to
advices from Osaka, Is said to have de
termined to Increase Its capital from
5,550,000 yen to 15,000,000 for the purpose
of extending Its service In all directions.
The tonnage is also to be augmented to
80,000 tons. Of the Increased amount of
capital, 2,500,000 yen are to be appropriated
for extension of the service to the Yang-tse-Klang.
1.700.000 yen for making ar
rangements connected with landing places,
1,700,000 yen for extending lines to South
ern China, and 2,000,000 for a similar pur
pose In Tespect to North China, Corea and
Inland seas. Should any de'ficlency arise
In carrying out the above programme, the
reserve funds for four periods, amounting
to over 900,000 yen, are to be appropri
ated. The company seems to have ob
tained the approval of the Communica
tions Department with regard to a gov
ernment subsidy for the projects on hand.
CHARTERED FOR THE SOUND.
British Bark Receives 50 Shillings
to Paget Sound and Return.
The British bark Glenard has been
chartered to load at Antwerp for Puget
Sound, and home to the United Kingdom
or Continent She .Is to receive 15 shil
lings for the outward trip from Antwerp,
and 35 shillings for the homeward voyage,
a total of 50 shillings for tho round trip.
Not very long ago British shipowners
were considering themselves very lucky
to secure 40 shillings for the round In busi
ness to and from the Pacific Coast, and
It has never been demonstrated that there
was not considerable money In the busi
ness even at those figures. The Glenard
reached Antwerp In February, with a
cargo of wheat from San Francisco, and
It will probably be well Into Majfefcbefore
sho will get away. Giving herR. usual
time to make the outward voyage and
discharge, and It will be September-October
loading which the 35-hllllng end of the
charter will call for.
RESCUED BY THE SOFAIA. t
Portland Wheat Ship Picks Up Ship
Wrecked Crew in Midocean.
When the British bark Sofala Teported
out at Bristol from this port, last week,
there was some surprise expressed, owing
to tho fact that the vessel had cleared
at Portland for Queenstown or Falmouth
for orders. Later advices state that her
call at Bristol was for the purpose of
landing a shipwrecked crew, which she
picked up In mldoccan. The vessel from
which they were taken was the Norwegian
bark Lorenzo, which sailed from Mobile
forMontevIdeo, November 28, with a cargo
of pitch pine. The vessel was abandoned
In a waterlogged condition, February 1,
In latitude 28 north, longitude 42 west
and afterward set on fire. The crew was
picked up by Captain Auld, the next day,
and landed at Bristol February 26.
HAVE QUICK DISPATCH.
Assessors Are Hurrying the Worlc
of Loading Ships at 'Frisco.
SAN FRANCISCO, March 5. During
tho past 4S hours the loading of wheat on
British ships In this city and Port Costa
has been pushed with phenomenal speed.
In all, 18 vessels, carrying an aggregate
of over 50.000 tons, have received all or
nearly the whole of their cargoes. The
cause of the hurrying in getting the grain
on board is said to be the fact that to
day the owners must make a sworn state
ment of the amount they have on hand
for the information of the asssessors. If
on foreign vessels, the taxes on tho
amount mentioned, amounting to nearly
$10,000, cannot be collected In this state.
LOADING FOR SIBERIA.
San. Francisco "Will Dinpntcli Steamer
to the North.
SAN FRANCISCO. March 5. The Nor
wegian steamer Leander, which has Just
reached here with a cargo of coal from
Japan, will load with railroad material for
tho Siberian Railway. Her cargo will bo
about equally divided between Port Ar
thur and Vladlvostock. She carrlen to the
latter port two light-draught stenrwheel
steamers, to convey the supplies on the
Upper Amoor River to railway construc
tion. Tho steamers are about completed
In the shipyards of the Fulton Iron Works.
They will be stowed In sections in tho
hold of the steamer, and reconstructed on
the banks of the Amoor.
Coon Bny Shipbuilding.
Chris Danlelson will begin the construc
tion of a three-masted schooner at Pros
per this week, says the Marshfield Sun.
The vessel will havo a capacity of 400,000
feet of lumber, and is being built for
Adam Pershbaker, the mlllman.
The new schooner on the stocks In the
North Bend shipyard will be launched
next Saturday, and preparations are
already In progress for the building of a
four-masted barkentlne of 174 feet keel.
The launching wHl occur at 3 o'clock P.
M., and the steamer Yarrow will connect
from Marshfield.
Marine ?iotea.
Captain Peter Jordan, of Astoria, who
will command the new tug Callender, now
under construction In East Portland. Is
In the city. He recently had charge of
the steamer E. L. Dwyer, which has been
sold to Sound parties.
The steamer Frederick Billings, oa the
R
ail road Men
Owing to the nervous strain to which they are daily
subjected, the physical hardships of the constant jolt
ing, exposure to all kinds of weather, and irregular
meals, break down in health, unless nature is aided
in the unequal struggle. Eighty per cent of the rail
road men who have been in service any length of time
are afflicted with some form of kidney disease, and
the standard remedy in use by them is Warner's Safe
Cure.
Kindly read the subjoined testimonial from Mr.
" Charles B. Ross, of 284 Sixty-First street, New York
City, a railroad conductor on the Metropolitan Rail-
way, which is but a recent sample of hundreds of vol
untary statements received by Warner's Safe Cure
i"" Company: ,
"By tho use of Warner's Safe Cure I have Just recov
ered from a severe attack of kidney trouble. My system
wag In very bad condition. Every movement of my body
caused Intense pain, and at last I was compelled to aban
don work. For four months several specialists doctored
me, all to no benefit, but my relief was obtained when I
began taking Warner's Safe Cure. After the use of this
marvelous medicine, I was able to walk about briskly,
and In a few days -was so far Improved as to bo able to
attend to my work, and I haven't suffered one day since,
I heartily recommend Warner's Safe Cure as the best
and safest cure that can be had."
upper river, Is to be equipped with a new
boiler. There are rumors that other
steamers will be built for upper river serv
ice In the near future.
Steamboat Inspectors Edwards and Ful
ler returned yesterday from a trip to
Lewlston, Idaho, where they inspected the
steamer Northwest They leave this
morning for Astoria, to Inspect a number
of the boats of the mosquito fleet.
Domestic and Foreign Ports.
ASTORIA, Or., March 5. Arrived in, at
9:50, and left up at 12:50, steamer Homer,
from San Francisco. Arrived down Brit
ish bark Gulf Stream, Condition of bar
at 5 P. M., smooth; weather, cloudy; wind,
south.
Rotterdam Arrived, March 3 Werken
dam, from New York.
New York, March 5. Sailed Manltou,
for London. Arrived Maasdam, from Rot
terdam. Smyrna, March 5. Arrived Auguste "Vic
toria, from New York, via ports on
Oriental cruise.
San Francisco, March 5. Arrived
Schooner Gem, steamer Empire, from Coos
Bay; steamer Signal, from Knappton;
steamer South Portland, from Oyster Har
bor. Sailed. March 4. Steamer Coqullle
River, for Gray's HaTbor.
Seattle Arrived, March 4 Bark Mer
maid, from Dutch Harbor; steamer City
of Seattle, from Skagway; ship Servia,
from Port Townsend.
Tacoma Sailed, March 4 British bark
Dominion, for Sydney.
San Pedro Arrived, March 4 Steamer
National City, from Gray's Harbor; steam
er Despatch, from Portland.
Port Blakeley Arrived, March 4 Bark
Mermaid, from Seattle; bark Agate, from
Port Townsend.
Shields Sailed, March 2 British ship
Ben Leo, for Santa Rosalia.
Movllle, March 5. Arrived Nuraldlan,
from Portland for Liverpool.
Sydney, N. S. W., March 5. Arrived
Victoria.
Yokohama, March 5. Arrived previously
Idzumi. Hong Kong for Seattle.
Bremen, March 5. Sailed H. H. MIer,
for New York.
Hoqulam, March 3. Sailed Sunday
Schooner Glen, from Aberdeen for San
Francisco; schooner John F. Miller, from
Hoqulam for San Pedro; schooner La GI
ronde, from Hoqulam for Redondo;
schooner Guide, from Aberdeen for San
Francisco; steamer Sunol, from Cosmopo
Hs for San Francisco. Arrived Steamer
Newburg, from San Francisco for Aber
deen. THE "DELSARTE" SHOE
FOR WOMEN
EX.Goddard&Co.
OREGONIAN BUILDING
II M
n
T-ake
' Eftervescertfl
.SALT.'
It Will Care You.
n T f Ct-t- N-w Vvrlr ?35r
Citv. states:" In cases of nervous SS
oroitratlon, witn nausea, i nna mat i
a few small doses of Abbey's Salt will
elve Immediate relief ; and continued has '
effected a cure In every case. A patient.
a very nervous opera singer to whom I .
recommended the bait, received tne mo?;i i
beneficial results 1 have also had most ,
excellent results in the treatment of
3k gastritis as well as In cases of sleep- A
5 Iessness. In constipation I have M
rtA mrtr rMnarVflHl r-
Airs, suits." a?:., soc. and X
l.fc?f . Ks1 ml
GGtowI 4LW
NEW TODAY.
HOMES ON THE INSTALLMENT PLAN
The undersigned la prepared to build resi
dences In Irvlngton, the most popular suburb
of Portland, and eell them at actual coat, with
S per cent Interest, on the Installment plan,
whereby the purchaser has to pay but a slight
advance above the usual amount of r:ntal
charged for almllar residences:
a H. PRE3COTT,
,. 212-213 Chamber of Coaamerca.
Styles SB!? Price
$3.50 Jpfm 53.50
5
- -
f DAILY METEOROLOGICAL REPORT.'
PORTLAND. March 5.-8 P. M.-Maxlmuta
temperature. 40; minimum temperature. 30
river reading: at 11 A. M.. 6.9 feet: change in
the last 24 houra. 0.3 foot; total precipitation.
, - -" " luww, luim precipitauon
i from Sept. 1, 1809. 27.20 inches; normal preclpl-
.. .I! scpu x, ijw, .u.u inches; defi
ciency, 6.30 Inches: total sunshine March 4.
u.wv, yuuiuu; nuiisnuie juarcn 4, 11:13.
WEATHER SYNOPSIS.
On account of a low-pressure area, that still
continues over tne ortbwest. precipitation haa
continued during- the greater part of the past 2&I
hours, belnrr rain west of th CnnrHiftfa nni n,
east of them, except in Southern Idaho. Rata
haa fallen in California as far south as report
extend, that Is, to San Francisco at least. Morn
lng reports showed 0.00 of an inch to have fallen
at Los Anjrele. which will h of immmw K.r.pfi
to that locality. The temperature has changed
only slightly. In Montana and North Dakot
ice coin wave is losing its intensity.
WEATHER FORECASTS.
Forecasts made at Portland for the 23 hours
ending at midnight Tuesday. March 6:
Western Oregon and "Western Waehlnstoi
Occasional rain; southeast winds.
Eastern Oregon Occasional snow; southerly,
winds.
Eastern Washington and Northern Idaho Oc- !
castcnal rain: east to southeast winds.
Southern Idaho Occasional rain; southerly
winds.
Portland and vicinity Occasional rain; outh
east winds.
G. N. SALISBURY. Section Director.
XEW TODAY.
MORTGAGE LOANS
On Improved olty and farm property.
R. LIVINGSTONE. 224 Stark U
TENANT WANTED
For hrlclcbuUdlng to be erected; location suIU I
able for wholesale or retail business. Apply to
Parrlah & Watklns.
J. D. Wilcox & Co.
GENERAL BROKERS. HAVB REMOVED TO
202J4 STARK ST. We buy and sell mines, tin.
Der lanas. rorest reserve acnp, real estate,
stocks, bonds and mortgages.
BONDS MORTGAGES
Highest market price paid for municipal and
ichool bonds. Lowest rates on mortgage loans.
Will take charge of estates as aeent or trustee
on reasonable terms.
W. H. FEAR. 410 Chamber of Commerce.
TILTON'S ADDITION.
This beautiful residence property,
on the Sunnyside & Mount Tabo
car line, bet-vreen East Twentieth,
and TUxHt Twenty-Sixth, streets, 13
mimtteV ride and 25 minutes' "wallc
from Third and Morrison streets, la
now on the market, at -very low
prices. Streets improved, water
mains and sewers laid. Belmont
street, the main avenue of fravel
east and west, passes through, tlia
property.
HOMES ON INSTALLMENTS
"We will bnlld houses for purchas
ers in Tilton's Addition on. plans
approved by our architect, and tha
snmc may ts paid for In easy month,
lj- installments, extending: over R
term of years. Interest at O per cent.
Any one who pays bis rent promptly,
can under this arrangement becoma
his own landlord and In a few year
own his own borne.
TITLE GUARANTEE & TRUST CO.,
7 Chamber of Commerce, Portland,
Or. Ground floor, Fourth-street
side.
CALL FOR
Congressional Convention
To tho Republicans of the Second Con
gressional District of the State of Ore
gon: A convention Is hereby called to ba
held at Portland on the 13th of April. 1900.
for the nomination of a republican candi
date for congress In the second congres
sional district, the election of two dele
gates to the republican national conven
tion and the transaction of such other
business as may arise. It is recommended
that the several counties send separate
delegates to the congressional convention
from those sent to the state convention;
In case, however, any county shall fall to
elect delegates to the congressional con
vention, it Is recommended that the state
delegates from that county be entitled to
seats In the congressional convention. Tha
following Is the number of delegates to
which tho several counties will bo enti
tled: Baker , 9
Clatsop 12
Columbia 6
Crook 5
Gilliam 4
Grant 7
Harney 3
Malheur 4
Morrow 5
Multnomah .-. 70
Sherman 4
Umatilla 13
Union 12
"Wallowa. 5
"Wasco 10
Wheeler 4
"WAX.LACE M'CAMANT,
Chairman Congressional Commutes.
GRAHAM GLASS, JR., Secretary.
.y