Morning Oregonian. (Portland, Or.) 1861-1937, March 20, 1900, Page 8, Image 8

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    THE MORNING OREGONIAN, TUESDAY, MAECH 20, 1900.
MR. CORBETT IN ANSWER TO MR. MITCHELL
Facts in Connection With the Campaign of 1896 and the Legis
lature Elected in That Year Some Per
sonal References.
PORTLAND, March 19. CTo the Editor.)
In order to present a clear statement
of the case as riven by Senator Simon I
ar.d ex-Senator Mitchell, I desire to state ,
"what led ul to the controvert upon the
sound-money Issue or the gold standard,
as now established by our Government.
Mr. Mitchell, our senior Senator, had
spoken and advocated tne free coinage of
silver at 10 to 1 In the Senate of the
United States. Senator Dolph had taken
Issue on this all-important question with
Mr. Mitchell, and advocated sound money,
or the gold standard. Mr. Mitchell, ir the
summer previous to the mectlnr of the t
legislature, when Senator Dolph was a j
candidate for re-election, visited Oregon
and did what he could by his personal
influence to induce members to oppose
the re-election of Senator Dolph. At least,
I am so informed by at least one mem
ber, who had been elected, that Mr. Mitch- .
ell approached him and tried to induce '
him to oppose the re-election of Mr. j
Dolph. It is supposed that at that time
he formed a close and friendly relation
with Mr. Jonathan Bourne. Members fa- j
vorable to the election of Senator Dolph .
were elected by aw overwhelming majority, i
and he received the. Republican nomina
tion In caucus, and yet he was defeated
through the Influence of Mr. Bourne, and
presumably by the sanction of Mr. Mitch
ell, because of the sound-money views of
Senator Dolph. After a long contest Mr.
McBride was elected as Senator to suc
ceed Mr. Dolph, and as a result of this
Mr. McBride, presumably, has felt under
personal obligations to Mr. Mitchell, as
he was the beneficiary and reaped the ben
efit in the defeat of Mr. Dolph, which was
accomplished at tie last hours of the
Legislature. While Mr. McBride had not
at that time, probably, made up his
mind whether he was a sliver or gold
standard man. It seemed to be prfectly
satisfactory to Mr. Mitchell that he had
accomplished his purpose In the defeat of
Mr. Dolph,
After that piece of legerdemain he went
back to the United States Senate, and
was more radical than ever In h's silver
views, made long-winded silver speeches
that carried him as high as the planet
Mars, but fell into the slough of despond
after the St. Louis convention adopted
sound-money resolutions as the principles
of the Republican party. From this time
Mr. Mitchell seems to have hid behind the
fence, until some one suggested to Mr.
Hanna, I think, if I remember rightly. Max
Pracht, that if Mr. Mitchell was secured
to canvass the state, it would have great
weight In carrying the state for McKinTey
and Hobart. In this view I never coin
cided, and we would have lost the state
at that election had not Multnomah Coun
ty, being the center of the sound-money
views, given to McKInley and Hobart over
0000 majority, the balance of the sta'e
having gone Democratic by more than
2000. Mr. Mitchell's efforts were made
through the state and outside of Multno
mah County. There you have tho result
of his efforts in the Presidential cam
paign. At nearly every place he spoke, extracts
oi nis speccnes on tne silver question
were printed and thrown about his head,
and on the platform where he spoke. This
disgraceful effort was a great mortifica
tion to the sound-money Republicans of
Oregon, and for his disinterested effort It
is said by those who claim to be acquaint
ed with the facts that he received J2503
from the campaign fund of that year.
The folly of Inducing Mr. Mitchell to en
gage In this campaign was proven two
years later, when we canvassed the state
on the gold-standard platform, and elected
our standard-bearer. Governor Geer. by
over 10.003 majority. If Mr. Ger had b?en
selected two years previously, to canvass
the state. In plnce of Senator Mitchell,
I have no doubt the state would have gone
for McKInley and Hobart by at least ZQQ0
majority.
"When the Legislature met in 1S97, at
which time a Senator was to be elected.
It failed to organize, the Constitution re
quiring two-thirds of the members to con
stitute a quorum.
I had not communicated with or spoken
with Mr. Bourne, or made any comb'na
tion with him to hold up the Legislature,
and T had no desire to do so. Neither did
I make any combination or advise any
combination directly or indirectly with tha
Governor to hold up the Legislature, with
a view of securing my appointment to
tho Senate: neither did I solicit, before or
after the Legislature dispersed, my ap
pointment to fill the vacancy. I did not
know that the members who did not
qualify were not going to take the oath
of office, nor did I counsel any one of
them not to do so. I was anxious for its
organization, as I had prepared a number
of important bills, under the direction of
the Committee of One Hundred, which I
considered Important as remedial legisla
tion for our state and city, and its pros
perity. Bofore the Legislature met, I nvas en
treated by a number of sound-money Re
publicans to become a candidate beforo
the Legislature for the position of Sena
tor. I took the matter under cons dera
tion, and I wrote the Rev. I. D. Driver,
who had been an old and personal friend
for many years, asking him if I should
become a candidate, if ho would present
my name. He wrote me that he could
not do so, from the fact that before ho
could be nominated for Senator from his
county he was obliged to agree to support
Mr. Mitchell. Up to this time I did not
know that Mr. Mitchell, through his
agonts, has secured written pledges from
most of the Republicans and som- of tho
Populist candidates of the Legislature,
that they would support him for United
States Senator. After having become
aware of this fact, I declined to al'ow
my name to be used as a candidate before
tho Legislature, but advocated the election
of some sound-money Republican In placo
of Mr. Mitchell.
I deny that I ever received "any stern
rebuke" from Mr. Driver, as stated by
Mr. Mitchell, nor did he ever return the
$115 sent him for his election expenses,
but seemed to receive it with satisfac
tion. I have never heara tliat it was re
turned or paid over to Mr. Hirsch to re
plenish the depleted campaign fund.
As has been stated, Hon. Jonathan
Bourne was a candidate for speaker be
fore that Legislature. Mr. Mitchell hav
ing refused to induce his friends to sup
port Mr. Bourne for speaker of the House,
Mr. Bourne determined to hold his forces
until such time as Mr. Mitchell should ful
fill his promise. It was understood that
Representative Benson, a sound-money 1
Republican, wap also a candidate for the
speakership, and he and his friends threat
ened Mr. Mitchell if he gave his support
to Mr. Bourne that they would defeat
him for the Senatorshlp. There were a
few sound-money Republicans, at their
own volition, as I am lnrormed, stood out
until they should see what would be the
result of the controversy, they "being un
alterably opposed to the election of a free
silver man. These two elements, each
having an object to accomplish, stood out
and failed to qualify as Legislators until I
Mr. Mitchell's forces dispersed and left
the state capital, after which. I under
stand, they qualified and endeavored to
get the Mitchell men back. An attempt
was made at Portland to arrest some of
these members and take them back to
the state capital, where the Senate was
still in session. This was finally aban
doned, and the Senate adjourned. The
cohesive powers that kept Mr. Mitchell
from being elected were the grit and de
termination of Bourne and these two ele
ments, "which were particularly hostile
to Mr. Mitchell, the one disliking him for
his betrayal of his silver principles, as
they thought, the sound-money Republi
cans refusing to vote for him for fear he
would still vote for free coinage of sil
ver. So far as the unlimited amount of
money that was spent in the Legislature,
it was 6tated by the close friends of Mr!
Mitchell that he had expended 528,0)0,
and one of his cloee friends came to Hon.
Henry Falling and said that If he had or
could procure $25,000 he could be elected
to the United States Senate, that Mr.
Mitchell wished to be reimbursed for his
expenditures up to 'that time. Mr. Fall
ing did not encourage the gentleman to
borrow the money. After that date. It
is not known how much additional money
Mr. Mitchell expended, or how much ad
ditional money was obtained by "grafts,"
but it was rumored that certain contract
ors on public works In Oregon contributed
$12,000 or 513,000, and that a certain rail
road car from California dropped a sack
at Salem of $5000, with the remark that
"that was all the additional help he could
expect." '
I may have done many things that I
should not have done and left many things
undone that I should have done, but I
have never been accused of being a graft
er or levying blackmail on our corpora
tions or Individuals. I do not deny that
I did what I could in a legitimate way to
defeat Mr. Mitchell on principle. That
I do not regret, a6 Oregon is now repre
sented by those who have voted for the
establishment of the gold standard, where
by permanency in all our business rela
tions Is secured and prosperity under
that standard has once more returned to
bless our people and our country. I de
sire only to refer to Mr. Mitchell In his
public capacity. He has never failed to
be true to and look after his personal
Interests, even in bis appointment of his
friends to office. He has not seldom In
directly compelled them to advance him
money for his personal benefit. If this
thing was done by some men. It would
be looked upon as blackmail. These are
only collateral reasons why he should
never have occupied the position of Unit
ed States Senator.
Mr. Mitchell substantially acknowledges
that he prepared the Brownell letter, or
caused It to be prepared, giving his ver
sion of the hold-up, charging upon others
what he was most guilty of himself, in
order to cover his own tracks. This let
ter was secretly prepared, and, so far
as I know, was not seen by any here,
but was furnished to Mr. Burrows, who
was to make the last speech on the case,
he occupying nearly the entire time until
the time fixed for the vote, when I had
no opportunity to answer these charges.
I had then In my possession papers which
had been forwarded to me, which would
have refuted the statements made In the
Brownell letter.
He now expresses a wish to retire to
private life. It would have been much bet
ter for him If he had retired beforo writ
ing the Brownell letter. It ha6 not been
my custom to notice such letters of as
persion, and I should not have done so
at this time had not Mr. Mitchell at
tempted to place me In a false position In
regard to my relations with Mr. Driver.
He evidently thought he had discovered
a mare's nest, and Is welcome to make all
he can out of It.
From all the evidence that Mr. Mitchell
has been able to gather, It seems that
ho has secured a confidential letter from
Rev. Mr. Driver, wherein I (a member
of a committee to pay campaign expenses)
enclose Mr. Driver $115 to return to Mr.
Hirsch, that he might not feel bound to
vote for Mr. Mitchell In consequence of
that amount being advanced him for his
expenses during the canvass.
It was well known that Mr. Mitchell
has always uped large amounts of money
to keep his place in the United States
Senate, and I was Informed by President
Billings, of the Northern Pacific, before
his death, while at dinner with him at
his house In Madison avenue, that Mr.
Mitchell had called upon him and de
manded $20,000 to aid him in his re-election
to the United States Senate, and
that he, Mr. Billings, felt as though he
would like to "kick him out of the house."
I presume the president of One other, at
least, of the great corporations had felt
the same way. If reports are true.
Mr. Mitchell's well-known habit of bor
rowing money from Federal appointee,
not likely to be returned, Is too well
known to be enlnrged upon.
I hope. Mr. Editor, this will he suf
ficient vindication of myself, as I have
no desire to prolong the controversy. I
regret that I am obliged to refer to some
matters pertaining to Mr. Mitchell's
course as a public man which I should
have been glad to have burled In obliv
ion, both for the credit of our state and
Nation. But I could not let pass over the
venomous attack made by him In the
Brownell letter., promulgated by Senator
Burrows through the Senate and distribut
ed by Mltchell'6 agents as a campaign
document In Oregon. Very respectfully,
H. W. CORBETT.
SECURING ALASKAN LAWS-
Xceds of Northern Territory Laid
Before Congress.
John G. Price, who was sent by a con
vention of citizens of Alaska to the Na
tional Capital to lay before Congress the
growing needs of that great Northern ter
ritory. Is in Portland, on his way home to
Skagway from Washington. Mr. Price
has been in attendance on Congress since
November, and believes he has been suc
cessful in his mission. No laws have been
passed for Alaska since 18S4, when the
Oregon laws in force at that time were
made applicable to the district Then
there were only a few white people In
the entire territory, and but fow laws
were needed. The district was given one
Judge, one Marshal and Clerk, and the
only court was established at the capital,
Sitka. The population is now 50,000 intel
ligent whites, which Mr. Price thinks will
be augmented by an additional 25,000 be
fore another year.
The district demanded through Mr. Price
two additional Judges and court officials,
making three courts, which are to be es
tablished at Cape Nome. Circle City and
Juneau. The bill creating these reforms
has already passed the House of Repre
sentatives, and Mr. Price thinks there is
no doubt of the favorable action of the
Senate. The bill also provides for the re
moval of the capital from Sitka to Ju
neau. "Sitka," said Mr. Price, "is an old Rus
sian post, nnd Is out of the line of travel.
It will never amount to anything, and it
has always been an injustice to compel
people to go there on public business. The
capital was established there only because
It was the Russian capital of the district
when the territory was purchased by the
United States."
The bill which Mr. Price engineered
through the House will create a code of
laws, which are based on the laws of
Oregon. It will provide for the Incorpora
tion of towns, nnd extends the public land
laws. The only thing asked for by Alaska
which Mr. Price has doubts of receiving
Is representation in Congress. He said:
"While I have not obtained a seat In the
House, there Is a bill before the commit
tee on territories for this purpose, and
there Is a good chance of favorable action
being taken on It. It may not get through
the Senate. For a long time Alaska has
been entitled to a good deal more than
Congress has given her; but now there
seems to be a general move In all direc
tions to do what should have been done
several years ago. In this matter of hav
ing a delegate, our claims should be espe
cially strong, as we do not have a Legis
lature to make our general laws for us.
"It has become a matter of necessity to
have a representative In Congress all the
time, so that during the early and most
Important period of Its growth there shall
be no mistakes made In framing laws that
can possibly be avoided."
Mr. Price Is very enthusiastic ovrr the
boundless possibilities of Alaska, and was
a most suitable man to lay the claims of
the territory before Congress.
Before going to Alaska Mr. Price was
identified with the Dennis Flynn element
In Oklahoma politics, and was chairman
of the .first Senatorial convention held In
the Cherokee Strip in 1S94, and also fig
ured In politics while there. In Skagway
Mr, Price la a prominent lawyer, and set
tled In that city at the time of the first
rush to the Klondike. He has been a
member of the City Council, and has held
other important local positions. Mr. Price
was born in Guthrie, la., and is not yet" 39
years of age. He went to Oklahoma in
1S93, and then went to Rico, Colo., where
he remained until Klondike was discov
ered. Mr. Price took occasion to say that Rep
resentative Moody had been active and.
efficient In working for the interests of
Alaska. He alBo spoke highly of the
work done by the "Washington delegation.
He will leave tomorrow for Seattle, on
his way to his home at Skagway.
it
MR. SIMON ON PUERTO RICO
Positive Ik Hl Opponltlon to the
Tariff Bill.
PORTLAND. March 13. To the Editor.)
I have received the inclosed letter from
Senator Simon, answering mine of the 8th
Inst. As I take It. this letter was not de
signed to be confidential, but as an expres
sion of what Mr. Simon purposes doing In
relation to legislation for Puerto Rico and
the Philippines, and as the publication ol
this letter may correct some misunder
standing upon the part of the public as
to Mr. Simon's position, I give It to you
for publication. If you deem it proper to
PORTLAND' GIRL WINS
yymlf II
MISS MARY HAMILTON O'COXXOR.
MIm Mary Hamilton O'Connor, a bright young woman who has lately established an en
viable reputation as a magazine writer, is In Portland, the guest of Miss BIckel. at 751 Park
a-cnue. Mlso O'Connor is a Portland girl, who lived here from early infancy until five years
ago. At that time she went to San Francisco, and did special work on a dally newspaper.
Being ambitious to do something better In literature, she went to New York, unheralded and
unknown, with a bright mihd, a graphic style of writing and lots of Oregon ambition as
capital. She visited the editors of various magazines, and saw their desks loaded down with
short stories and Spring poems. She was at once convinced that her path to fame lay not
through the fields of Action, and she adapted a line of practical work. She wrote up a wom
an's congress. Just as she would have done for a. newspaper, and sold It to Munsey's Maga
zine. Since then ebe has been a constant contributor to all the Munsey periodicals, and has
kept well in the line of practical articles. She has told In her own delightful way all about
old silverware, collections of china, eld laces and things of that kind, and has written on
the big trees of California and other "Western topics.
Miss O'Connor doea not confine herself to Munsey's publications, but her name often ap
pears In the Touth's Companion and other high-class Kastern publications. Although very
ycung and with a. record -of jOnly a few years ..behind her, she no longer seeks editors of
magazines; they come to her, and she has booked orders for a number of -articles which ehe
will prepare while in the .West. Miss O'Connor will go to Seattle within a few weeks, and
will then visit her brother at Cape Nome. Her father, T. J. O'Connor, who now resides In
New York, is well rememnered In Portland. Iilke all young writers. Miss O'Connor has an
ambition to achieve success in fiction, and while la the far West or frozen North will per
haps write her first story.
do so. Let me add that, if It be the Inten
tion of the Administration or of the peo
ple of America to treat our new insular
possessions as colonies to be taxed com
merclally in a manner similar to that
against which our forefathors rebelled,
there will be, even on the Pacific Coast,
In my opinion, such a revulsion of senti
ment as will kill the expansion doctrine
entirely. Your fearless utterances are ad
mirable, patriotic and wise, and prove
that The Oregonlan can and does rise
above partisanship. Yours respectfully,
N. H. BLOOMFIELD.
WASHINGTON, March 13. Hon. N. H.
Bloomfield, Portland. Or. My Dear Sir: I
have your very interesting letter of the
Sth Inst . . .
I am in accord with your views on the
subject of Puerto Rico and the Philip
pines. From the outset I have been op
posed to the present method of dealing
with Puerto Rico. This morning I re
ceived The Oregonlan of the Sth Inst., and
I discovered therein that it Is stated that
I have given a good deal of attention to
the Puerto RIcan matter, and that I had
not yet made up my mind how to vote
upon the same; that X disliked to vote
for the present House bill, yet hesitated
to vote against my party, etc. I do not
know how the correspondent got this Im
pression. I never have had any hesita
tion in expressing my opposition to the
pcriding House bill, and at no time have I
ever had any Idea of supporting it. I am
strongly in favor of free commercial in
tercourse with our new Insular posses
sions. Very sincerely yours,
JOSEPH SIMON.
IT WAS A LIVELY ELECTION
Revolver Drarrn and Heads Hurt In
the Tovrii of Holbrook.
The little village of Holbrook, Mult
nomah County, was wen represented In
Justice Kraemer's .Courtroom yesterday,
as a result of a school election row, which
took place there March 6. N. Hlldreth,
chairman of the cchool board, was
charged with assaulting S. H. Elliott, an.
elderly man. with a loaded revolver. El
liott, according to the evidence, had
gotten into a quarrel with the school board
as to the propriety of reading the min
utes of the last meeting, and had called
C. R. Bloyd a liar, which Imputation was
resented with stronger language and
blows were imminent. Hlldreth drew his
revolver and pointed it at Elliott, whose
three grown sons defended their father
and obtained possession of the "gun."
Justice Kraemer concluded to hold Hll
dreth to the grand Jury on the charge, but
permitted him to go on his own recog
nizance. Bloyd, who had been charged
with assault and battery, was discharged.
From the evidence. It would appear that
school elections are not conducted with
strict regard to their legality at Hol
brook, as two of the quarreling men were
not voters. After the first battle, sev
eral others took place on that school elec
tion day. Sherman Elliott had a set-to
with HlUreth, and Ladd Elliott had a
fight with Bloyd. Justice Kraemer thought
tho school children of Holbrook must
have been highly edified at the conduct
of their elders, who had met to elect
officers to run the school district for the
ensuing year.
e '
A Superfluous Jest.
Kansas City Journal.
Queen Victoria will soon start upon her
promised visit to Ireland. God save the
Queen!
Headache and Xenralgrin
Cured quickly with Wright's Paragon
Headache and Neuralgla.Cure. Druggists.
a
Pianos Orran. Wiley B. Allen C.
AROUSES HIS OWN ANGER
SOMETHING ORIGINAL IX THE UXD
OF JEALOUSY.
Divorce Salt, in. Which the Man Can
Be Used for Central Figure of
a Farce-Comedy.
Nancy Smlthson has filed suit In the
State Circuit Court against A. J. Smith
son lor a divorce, and has Included M.
E. Smlthson, his sister, as a defendant,
because of some property rights Involved
between them, amounting to $50,000.
The parties were married at Salem, Or.,
in 1SS3. The plaintiff avers In her com
plaint that soon after their marriage,
the defendant became unreasonably jeal
ous, which trait he exhibited upon all oc
casions when a gentleman would address
himself or pay reasonable courtesy to
plaintiff, and upbraided her for receiv
ing or giving such attentions as men and
women express In the best social life.
While visiting her brother in Linn Coun
ty In 1S92, Mrs. Smlthson alleges that she
received a letter protesting great love
and proposing an elopement, which was
written by her husband, and to which he
forged the signature of F. C. Moulton.
At the same time, she says she received
SUCCESS WITH HER PEN.
another letter from the defendant scan
dalously accusing her of "being false and
untrue to him, and advising her to kill
herself. The plaintiff states that she Im
mediately came to Portland and found her
husband acting like a crazy man, and he
confessed having written the letters, and
implored forgiveness.
Mrs. Smlthson asserts that lc 1S93, In
California, Smlthson exhibited the same
unwarranted Jealousy, whether as to the
family physician, dentist or work hand,
and caused hpr much humiliation. "When
they were residing at Oakland, Cal., and
were members of a social dancing club,
the plaintiff alleges she became acquainted
with Professor Chapman and he took this
as an excuse to fly into a rage and accuse
her of Infidelity. Of Dr. Weston, the fam
ily dentist at Oakland, Mrs. Smlthson says
her husband was also Jealous, and In the
Spring of 1S97, while she was at the Good
Samaritan Hospital' In this city, and while
defendant was still at Oakland, Cal., he
wrote letters to Dr. Weston, signing her
name to them. These letters proposed
great love and asked the doctor to con
fess an attachment and to call. Another
better, It is averred, Informed the doctor
that plaintiff would soon leave for Ore
1 gon, and requesting the doctor to arrange
a meeting place and to leave a note oy
the side of the gate In the Ivy. Mrs.
Smlthson asserts that she has read all
of these letters.
She states In her complaint as another
Instance of the Jealousy of Smlthson that
while she was still an invalid and abid
ing at the home of Mrs. Jennie Smlthson
with her husband and children, one of her
nieces loaned her a book, on the flyleaf
of which was the name of a gentleman
friend of her niece's, Mr. Greeble. Smith
son took the book from her hand, and,
discovering the name, became furious,
tore the book to pieces, got his pistol
and swore he would kill the man, and
created such an excitement that one of
the women present fainted.
The plaintiff alleges that the next move
of her husband was to order her, when
they moved to Woodlawn, never to go to
the city alone, and he accused her of
trying to ruin him financially, and sung a
continuous song of bankruptcy.
In November, 1S99, plaintiff states that,
with the consent of her husband, she took
a position as an apprentice In the art ol
embalming in undertaking parlors on the
East Side, and there defendant came and
scandalized her, and told her not to come
home again. All of these false charges
and unreasonable Jealousy she says has
rendered her life miserable.
Mrs. Smlthson further avers that her
husband Is the owner of a large amount
of real property In California, In Alameda
and Kern Counties, and In San Fran
cisco, and In Seattle and Port Townsend.
Wash., and In Multnomah. Douglas and
Marlon Counties, Oregon, of the aggregate
value of $50,000. The plaintiff states that
the defendant has been In the real estate
business and Induced her to sign deeds in
blank for the alleged purpose of expedit
ing transfers, and has filled In the blank
deeds with the property In. which she had
an interest, and transferred it to his sis
ter, M. E. Smlthson. These transfers are
asked to be set aside.
The plaintiff asks for her share of the
property, for $73 alimony pende lite, and
$250 attorney's fees, etc., to maintain the
suit, and XW0 permanent alimony to ed
ucate and maintain the children. The
children are aged 15, 14 and 8 years, re
spectively. The mother asks for the cus
tody of the youngest, and says the two
older children, being at the age of dis
cretion, may choose with whom they de
sire to live. Wallace McCamant and S.
T. Jeffreys appear as attorneys for plain
tiff. GRANTED A NEW TRIAL.
Auditor Pope Get Another Chance at
RnllTVay Company.
Judge Frazer yesterday granted a new
trial In the suit of W. H. Pope, County
Auditor, against the Portland Railway
Company, but subsequently directed the
Clerk of the Court not to enter the order,
and set the new trial motion for argument
Monday next. The jury awarded the
plaintiff only 5200 damages, and the evi
dence was that Mr. Pope paid a doctor's
bill of ;200 and $15 for medicine. This tes
timony was uncontradicted. The verdict
does not cover the actual outlay of Mr.
Pope, and the court held that under the."
authorities submitted for the plaintiff, if
beds entitled to anything, he should re
ceive at least the expense attending- the
treatment of the injuries sustained, and
the court had no alternative but to grant
the motion for d new trial.
When the motion was first called up, no
argument was made upon It, and after
the court granted tho new trial, O. F.
Paxton. attorney for the defendant, put
In an appearance and asked to be heard
on the motion, saying he had not been
served with a copy of plaintiffs brief, and
desired to have a chance to address tha
court in the matter. Plaintiff's attorney
asked that J. V. Beach and John M. Gear
In, who appeared as defendant's attorneys
at the last trial, come forward and make
this request, but Judge Frazer concluded
this was not necessary, and said If the
attorneys desired to make a verbal argu
ment he would listen to It next Monday.
The case has been twice tried, the Jury
In the first Instance failing to agree. At
the last trial two Jurors stood out for the
small verdict.
Auditor Pope was thrown from, a car
at the corner of Twenty-third and Wash
ington streets In August, 1899, and his
shoulder was dislocated and his arm In
jured. The defense was that he fell from
the car as the result of his own negligence.
WANTS HER. LAND BACK.
Indian AVomnn Brings Suit for Her
Farm.
The case of Philomela Smith vs. He-
yu-tse-mll-kln came up IntheUnlted States
Court yesterday for hearing on a demur
rer to the hill of complaint, and after
hearing the argument. Judge Bellinger
overruled the demurrer. Philomela
Smith Is an Indian woman with a white
husband. They were living on and culti
vating a farm on the Umatilla reserva
tion at the time the Government gave the
Indians lands In severalty. The Commis
sioners decided that, as Philomela was
married to a white man, she was not en
titled to any of the land, and the farm
on which she and her husband had been
living was given to He-yu-tse-mll-kln.
Mrs. Smith naturally was not satisfied
with this arrangement, and appealed to
the authorities at Washington, who de
cided that she was entitled to take lands
In severalty, as well as the other Indians
on the reservation. -Finally, an allotment
was given her, but she was not satisfied
with this, and, as the law provides that
persons living on the reservation should
have the farm they were living on allot
ted to them, she brought suit to have
He-yu-tse-mll-kln ejected and her old farm
returned to her as her allotment. De
fendant demurred to the complaint on the
ground that he had been allotted the land
In due form, but the court overruled the
demurrer, and now the case will have to
be tried out.
Probate Matters.
Dan J. Moore, administrator of the es
tate of H. B. Borthwlck, deceased, filed a
supplemental report covering the period
from February 17 to March 12. It shows
51S17 balance on hand February 17; 589S4
receipts since; S1S33 disbursements, and
5S3G8 balance now on hand. The receipts
include $4500 Insurance, $2791 from tho
Southern Pacific Company on a contract,
and $700 from the United' States Govern
ment. The inventory of the estate of Willena
M. Hurgren, deceased, was filed. The
property is valued at $1SS0. Tho personal
property has been sold for $140, and a pe
tition has been filed for the sale of cer
tain real property so as to pay about JiWG
claims.
Gordon Voorhles, executor of the will of
Herman J. Burrell, deceased, was dis
charged, full distribution having been
made to the heirs, Rosa F. Burrell, Wal
ter F. Burrell, Helen Burrell Voorhles
and Margaret Burrell Riddle.
Susie W. Smith, administratrix of the
estate of Preston C. Smith, was author
ized to sell the interest of the estate in
certain lands, to John Howell, for $2000,
subject to the widow's dower.
Decision In Favor of Sheriff.
Judge Frazer yesterday rendered a de
cision in the case of L. W. Watts against
Sheriff Frazlerr to recover several hun
dred dollars damages because of the re
lease of T. J. Uhlman, an imprisoned debt
or. In favor of the Sheriff. Watts caused
the arrest of Uhlman on an old Judgment
for $240 for the unlawful conversion of
sheep. Under the law tho creditor, If he
has a debtor detained in jail, must pay
his board and lodging in advance, weekly.
Watts paid the Sheriff $7, and the Sheriff
kept Uhlman about Iz days and then
turned him out. He previously demanded
from Watts additional payment for the
keeping of the prisoner at the rate of $3
per week. Counsel for Watts contended
that the statute allows only $3 per week
for the board of a prisoner, and that the
money paid had not been used up when
more was asked, and that the Sheriff
should not have discharged Uhlman from
custody.
Judge Frazer decided that the $3 rate
mentioned In the statute relates only to
prisoners confined on criminal process,
and that the Sheriff had a right to de
mand $5 per week, and In advance.
Undertakings on Appenl.
In the suit of Edgar Poppleton V3.
Thomas Patterson, Judge Frazer held that
the undertaking on appeal was sufficient,
and that where one surety Is required tho
surety need not Justify In double the
amount fixed by the court. This point has
never been decided by the Supreme Court,
but this was Judge Frazer"s opinion. He
said that In undertakings on arrest there
must be two or more sureties, who, !n
the aggregate, must "qualify In double the
sum specified In the bond, but not so In
the other case.
Mar Not Have Trlnl Jury.
It has not yet been decided whether "a
trial jury for the Spring term of the
United States Circuit Court will be drawn
or not, as It Is not certain whether there
will be business enough to come before
the court to warrant It. If lawyers who
have cases on hand which they desire to
have tried! during this term of court will
notify United. States Attorney Hall of the
fact. It can soon be seen whether It will
be necessary to summon a trial Jury or
not.
Court Tiotem.
In the suit of J. W. King vs. M. S.
Berry, Judge Frazer yesterday denied the
Over 7,000
Doctors
fjrQSGnlss
and
recQsnsnoncS
pm P&bs
(America's Greatest Hiadfcinei)
For coughs, colds, grip, asthma,
bronchitis, consumption and
malaria. It stimulates the blood
and aids digestion.
Gorermnent ittnp eurkt the genuine t be careful.
All drejeliti nd gnxen. $1.00 a bottle.
Book of Information and tatimonUlt itnt free.
isijd
SBuffe
MMi
1 DUTST MALT "S7EIS2EY CO., Socleatjr, IT. T.
motion of the defendant to dissolve the
attachment on the Roslyn boarding-house".
King recently obtained a verdict against
Berry for $131.
In the suit of Elizabeth Llnneman
against Sellwood Lumber & Manufactur
ing Company, the defendant was granted
12 days to move for a new trial yester
day by Judge Sears.
A motion for a new trial was argued
and submitted yesterday in the case of
Marie Miller, Administratrix, vs. vs. In
man, Poulsen & Co., In which case Mrs.
Miller got a verdict for J2O0O.
In the divorce suit of W. A. CoggsweH
against Anna CoggsweH, Judge Cleland
yesterday overruled the demurrer to the
complaint and granted the defendant five
days to answer.
Wholesale Chicken Thlevlnff.
Chicken thieves have been making a
harvest In the vicinity of Montavllla ttnd
Russellville. The premises of Mrs. Le-
gault was visited and about 20 chickens
were taken. The indications are that
the same man has been doing all thli
thieving. A 3tranger had been noticed
hanging around the premises of Mrs.
Legault, but he disappeared soon after
the poultry had been taken. The singular
thing about the transaction Is that this
man was seerv driving on the Base Line
road, and then his vehicle was afterward
seen in a field a short distance from the
road. On examination a number of dead
chickens was found In it. It seems that
the thief became alarmed lest he should
be followed, and decamped. Complaint
comes from as far as Lents.
DAILY METEOROLOGICAL REPORT.
PORTLAND, March 19. 8 P. M. Maximum
temperature, 53; minimum temperature, 48;
river reading at 11 A. M.. &3 feet; change in
the last 2 houra 0.5 foot: total precipitation.
8 P. M. to S P. M.. O.OS inch: total precipita
tion from Sept. 1, 1S09. 20.52 Inches; normal
precipitation from Sept. 1, 1S00. 30.27 Inches;
deficiency. 6.75 Inches; total sunshine March
18, 8:31; possible sunshine March 18, 12:04.
WEATHER SYNOPSIS.
Light rain occurred Monday forenoon In
"Western Oregon and "Wasnlngton and Northern
California. It seems to have been an anom
alous rainfall, there being no pressure distribu
tion which would properly account for It. The
pressure has risen decidedly over Washington
and Oregon and fallen over Central California.
This Is a favorable Indication, indicating fine
weather Tuesday, and 1C the high-pressure area
now off the coast continues its northward
movement, fine also for Wednesday and Thurs
day. There appears a strong probability of
this. The temperature has fallen over Ore
gon, Idaho and Eastern "Washington.
WEATHER FORECASTS.
Forecasts made at Portland for the 2S houra
ending at midnight Tuesday, March 20:
"Western Oregon and "Western Washington
Fair; northwest winds.
Eastern Oregon and Southern Idaho Fair;
winds north to northwest.
Eastern Washington and Northern Idaho
Fair; winds southwest to northwest.
Portland and vicinity Fair, with northwest
winds.
G. N. SALISBURY, Forecast Official.
AUCTION SALES TODAY.
At 201 Russell St., cor. Vancouver ave..
Upper Alblna, at 10 A. M. J. T. "Wilson, auc
tioneer. At 110 Russell st Alblna. Sale at 0:30 A. M.
sharp. Geo. Baker & Co.. auctioneers.
At salesroom. 411 Washington St., 10 A. M.
S. L. N. Gllman. auctioneer.
MEETING NOTICES.
A. & A. S. RITE. AINS
WORTH CHAPTER OF ROSE
CROIX, NO. 1. Regular meet
ing this evening at 8 o'clock.
Work In ISth degree. By order
WISE MASTER
ABERNETHYS CABIN, NO,
1, N. S. O. Regular meeting
this (Tuesday) evening. Elks'
Hall. Marquam bulldlnff. at 8
o clock. ilamooK kopa hylu
solicits, hyas kloshe turn tun),
tanlm.
JAS. P. MOFFETT, Pres.
F. M. DEW1TT. Rec Sec
SAMARITAN LODGE. NO. 2. I. O. O. F.
The Funeral Committee Is hereby notined to
meet at Odd Fellows' Hall. cor. First and Al
der sts.. this afternoon at 1 o'clock, to attend
the funeral of our late brother. F. A. Fischer.
Other members of the lodge and order are In
vited to attend. M. OSVOLD, Sec
GENERAL GERMAN AID SOCIETY. The
members of the General German Aid Society
are requested to meet at Arlon Hall. cor. Sec
ond and Oak. Tuesday. March 20. 1000. at 1 P.
M-. to attend the funeral of their late mem
ber. Ferdinand A. Fischer.
JOHN REISACHER, Pres.
C BIRCHER. Sec.
SPECIAL MEETING. The Past Sachems' As
sociation will hold a special meeting this (Tues
day) evening at 8 o'clock. In the Annotation
rooms. S. "W. cor. First and Yamhill fcts. All
members are urged to attend. Euslni cf
great Importance. J. H. JONES. Pivd.
L. CARSTENSEN. Sec
COLUMBIA LODGE, NO. 114. A.
. F. & A. M. Stated communication
this (Tuesday) evening. F. C. de
gree. All Masons cordially Invited.
By order M. "W.
RICHARD BREYER, Sec
SEVENTH "WARD REPUBLICAN CLUB.--The
registration office will be open Thursday
evening for benefit of the club. AH meet at tha
hall. Regular meeting Wednesday, as usual.
Good speakers. W. H. SAYLOR. Pres.
B. F. JONES. Sec
DIED.
BURNS In this city. March 10. at her home,
248 Grant St.. Mrs. Mary Burns, In her 85th
year. Funeral from St. Laurence's Church at
0 o'clock Wednesday morning.
FISCHER In this city. March IT. 1000. Ferdi
nand A. Fischer, aged 52 years. Funeral.
win taKo place Tuesday, aiarcn 20, at 2 F.
M.. from his late residence. 114 East Third
north, cor. East Gltsan. Frlende are respect
fully Invited to attend.
JOHNSON At Seattle. Wash., March 17. 1000.
of paralyela. Mrs. A. D. Johnson, aged 48
years. The funeral services will be held to
dayit the residence of her niece, Mrs. May
Streyffcler. In this city, at 527 East 20th st..
at 10 A. M. Friends Invited. Interment at
Lone Fir Cemetery.
HOLMAN At her residence, this city. 503
Market street, after a long Illness, at 4.25
A. M.. March IS. Honor Stephens Holman,
wife of Robert Holman. Funeral will take
place at 2 P. M. Tuesday, the 20th Inst.
Friends Invited. Interment Lone Fir Cem
etery. Flint, Mich., and Brooklyn. N. Y.,
papers please copy.
EDWARD HOLMAN. Undertaker, 4th
and Yamhill sts. Rena dtinaon, lady
anslstnnt. Both phones Xo. COT.
J. P. FINLEY & SON, Undertaker.
Lady Assistant. 275 Third t. Tel. 0.
F. S. DUNNING, Undertaker, 414 Eat
Alder. Lady Assistant. Both phones.
NEW TODAY.
MORTGAGE LOANS
On Improved city and farm property.
R. LIVINGSTONE. 224 Stark st.
NEWCASTLE COAL
Has been leading coal on coast for 20 years.
Pacific Coast Co.. 240 "Washington at. Tel. 228.
Mortgage Loans
On Improved city and farm property, at lowest
current rates. Building loans. Installment
loans. Macmaster A. BlrrelU 311 "WorceaUr blic
BONDS MORTGAGES
Highest market price paid for municipal an3
school bonds. Lowest rates on mortgage loans.
Will take charge of eatates as agent or trustee
on reasonable terms.
VV. H. FEAR. 418 Chamber of Commerce.
J. D. Wilcox & Co.
GENERAL BROKERS. HAVE REMOVED TO
202 STARK ST. We buy and sell mines, tim
ber lands, forest reserve scrip, real estate,
stocks, bonds and mortgages.
PARR1SH & WATKINS
REAL ESTATE. LOAN AND
INSURANCE AGENTS
Have Moved to
250 ALDER STREET
i
AMUSEMENTS.
MARQUAM GRAND-
CALVIN HEILIG, MgrJ
SPECIAL ANNOUNCEMENT.
THE MUSICAL EVENS' OS" THE SEASON-
xxxrj ixtuiuvx nAUAbiuAi j.xviuju.vaxlaj
MME. GADSKI.
MMB. GADSKI.
MD. DAVID BISPHAM.
MD. DAVID BISPHAM.
MR. 'WALTER DAMROSCH.
rr tt.at.ti?tj TlArHOSfTH.
THE GREATEST "WAGNERIAN ARTISTS
THE WUKLiU.
ONE GRAND OPERATIC CONCERT,
ONE GRAND OPERATIC CONCERT,
THURSDAY EVENING, MARCH 22,
Br MADAME GADSKI. Prima Donna:
DAVID BISPHAM. Baritone: MR. "WALTEI
DAMROSCH. Musical Director. Under the dH
rection or C L. GRAFF.
PROGRAMME:
Embracing all the operas of "Wagner's Nlbelur
gen King.
"Das Rhelngold." Mr. Blsnham as Albericlj
"Die "Walkure." Madame Gadskl as Slesllndd
and Brunhllde. Mr. Blspham as "Wotan. "Sleg-J
fried-." Madame Gadskl as Brunhllde. Mr- BIspj
ham as Wotan. "Gotterdanunerung-," Madanvl
GadskI as Brunhllde. Mr. Blspham as Hagen.
PRICES Entire lower floor. $3: balcony, fire
6 rows. $3; balcony, last 6 rows. $2; gallery!
? I.OO: boxes and loges, 517.50.
bale or eeats begins today at 10 A. ji.
MARQUAM GRAND-
CALVIN HEILIG, Mgrl
Tuesday and "Wednesday evenings, March 201
and Zl,
BEAUTIFUL PRODUCTION OF A GREAS
PLAY. A COLONIAL ROMANCE,
"TOLL GATE INN."
"TOLL GATE INN."
"TOLL GATE INN."
A storv of 'Ye Olden Times."
PRICES Lower floor fexcent last 3 rows).. 31
last 3 rows. 75o: balcony, first 0 rows. 75c: ball
cony, last rows, ouc; gauery, c
beats jiow selling.
CORDRAYS THEATER
All week, with Saturday Matinee, commer
Sunday evening. March 18. the greatest
of all Russian plays.
DARKEST RUSSIA."
DARKEST RUSSIA."
Interpreted, by Edwin C. Jepson's Excellent
uompany or Finished i'layore.
A Stirring Drama, Elaborately Staged. A Stor
oc -ramiing- Dramatic Intensity. Heart
itnereert and Clean. Bright Comedy.
Prices 25c and 50c: loge seats. 75c: box
Jeata. 51.00.
NEW TODAY.
MUST BE SOLD LARGE LOT AND 9-ROOl
house, hard finish, full basement. In fine orl
aer: tnree blocks from northern terminus c
"M " car line: price $1650. Title Guarantee
& Trust Co., 1 Chambe of Commerce.
2 DOZEN OREGON EGGS. 25c; 2 COMBS O
honey. 25c: 2 3-lb. packages washing- nowden
25c; 1 gal. table syrup. 40c. At McKInnod
urocery Co., 173 Third st.
BURBANK POTATOES ARE DOWN: C5c PI
sack at the Oregon Cash Grocery Co., 232 Nl
14th st.
$2000 TO LOAN ON "WEST SIDE 6 PES
cent; no brokerage. Address Loan, P. O. bo
670. city.
HOMES ON THE INSTALLMENT PUU
The undersigned Is prepared to build real
dences In Irvlngton. the most popular suburl
of Portland, and cell them at actual cost, wltl
0 per cent, interest, on the installment plan
whereby the purchaser has to pay but a sllga
advance above the usual amount of rend
charged for similar residences.
C. H. PRESCOTT.
212-213 Chamber of Commerce. I
CALL FOR
Congressional Conventioi
To tho Republicans of the Second CorJ
gressional District of the State of Ore
gon:
A convention Is hereby called to m
held at Portland on the 13th of April, 1901
for the nomination of a republican candl
date for congress in the second congrea
clonal district, the election of two deld
gates to the republican national conven
tion and the transaction of such othe
business as may arise. It is recommende
that the several counties send separad
delegates to the congressional conventioi
from those sent to the state conventlor
in case, however, any county shall fail
elect delegates to the congressional, c
ventlon, it is recommended that the atai
delegates from that county be entitled
seats In the congressional convention. Tlj
following is the number of delegates
which the several counties Trill be enti
tied:
Baker 9
Clatsop 12
Columbia 6
Crook S
Gilliam i
Grant 7
Harney 3
Malheur 4
Morrow 5
Multnomah 70
Sherman 4
Umatilla 13
Union 12
Wallowa 5
Wasco 10
Wheeler 4
WALLACE M'CAMANT,
Chairman Congressional Committee
GRAHAM GLASS. JR.. Secretary.
FOR SALE REAL ESTATE.
GOLD HILL THE PLACE TO INVEST. TI
progrera of the Gold Hill High Line Ditch
altogether satisfactory. rJew strikes In quad
mlnlny nearly eery week: many lmprol
ments in tne town goiii xorwara, inciuaii
new depot, city water -orits, new custa
stnmn mill. A nev adcitton to the town
being platted. Now la the time to buy. rj
vldnon. Wart &. CO., wn unamoer 01 uwj
merce.
IMPROVED QUARTER BLOCK. CHOICE Ll
cation. West Side.
Elegant home on car line, close In. E. Sit
.! R-room house. South Portland. i
Good cottage, full lot. In fruit, close M
East Side.
5 acres, all In cultivation; house, barn ai
orchard; convenient to car. I
J. A. HENKLE. 220 Ablngton bldgJ
l
pnrt SALE 50x100. WITH A STRIC1
flrst-class B-room house. This property la
cated 740 Johnson. Nob Hill. House Is mo
em In every detail, and was built at a a
of ?5400. "Will be sold low and on favoraa
terms, w. n. unnaaian. i aumo
EAST SIDE HOME CORNER LOT AN
house of 0 large, well-arranged rooms, strlc'4
modern, close In; desirable neighborhood, al
an opportunity to get an inside home
very little money. Easy terms. "W. H. Grlcl
staff, 240 Stark.
?S50 FOR A 5-ROOM COTTAGE AND 76x11
at university .far, on uun near unerim .
The house Is In flrst-class shape and grour
well Improved: plenty of fruit. G. H. VI
Houten. 300 t;namter or ixmmerce.
OA Itl.trAn a..J. K-.AAwl VlM1u, BA ft
chickens, ducks, incubator, brooders, her
wagon, running and well water; paid lai
lease to Oct. l; may do extenaea. A. me.v
son, 183 Madison st.
TWO GENUINE BARGAINS 15 LOTS NI
St. Johns car line.. S36U. 4 lots four bio
from East Ankeny and Montavllla car Ik
$200. C. E. Bennett. 127 Fourth et.
NEW MODERN HOUSE. 10 MINUTES' VTJ
from Doatofnce. $2650. at S20 per month. N
modern house, "Washington car line, $1050.
$15 per month. X 29, care oregonlan.
TWO BARGAINS. "WEST SIDE RESIDENT
property, well located; B-room house; $521
7 rooms ana 3Hxiw, lot. $2W0. uir.m
Ward & Co.. 272 Starlc st.
$2260 FOR 3 ACRES ON MOUNT TABC
sightly, near cars, beautiful situation for
fine home; will sell part. Hart Land
room 7 SheriocS blocic
NOB HILL COTTAGE 6 ROOMS. FINE
trt TKA Ktl 1VA Mt VntnnrtA mflf
if desired; bargain. Address W 37, Orel
man.
"WILL LEASE OR SELL 10 ACRES OF LAl
near Beaverton, "Washington County, Or.: ei
terms, inquire room 12 Hibernian Duna
city.
QUARTER BLOCIC "WITH 6-ROOM HJ
finished house, west slooe Mount Tabor;
sonable; want money. X 35. care Oregon!.
$500 CHOICE RESIDENCE SITE lOOs!
facing 80-foot avenue, west slope Mt. Tat
niKgea xieai jsiaie uo., m-ji .uoivny um
$4500 FULL LOT. TWO BLOCKS FROM
tel Portland. Rlggen Real Estate Co.. 3J
iicivay building.
$4600 FULL LOT. TWO BLOCKS FROM
tei Portland. Rlggea Real Estate co.,
McKay bldg.
CLACKAMAS COUNTY TAX ROLL AT
flee of E. F. Riley. 608 Chamber of Comme
L. B. ChlDman: farms, stock ranches. Ural
claims, city property, tna. chances. 114