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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (March 22, 1900)
THE MOKNESG OBEGONIAN, THUBSDAY, MABCH 22, ' 1900. AN ri-LOTTERY ORDINANCE council passes xew one, wmcn: WILL STAND THE TEST. It Conforms to the Recent Supreme Court Decision Gcncrnl Vaccina tion Recommended. Tho Common Council yesterday passed an ordinance to prevent the sale of lot tery tickets and suppress lotteries, and to repeal the old ordinance on this subject. The City Attorney was directed to insti tute proceedings lor the condemnation of a small tract of land adjoining the City Park. Preliminary steps -were taken to in sure the Immediate repair of the pavement on Sixth street. The general vaccination recommended "by the City Physician -was Indorsed, and the public requested to com ply v.Ith the recommendation. It v,as de cided that all city officials will attend the funeral of volunteers on Sunday in a body. Ncvr Anti-Lottery Ordinance. An ordinance to prevent and suppress tho sale or having In possession of lottery tick ets, and to punish any person who keeps or frequents any place where such tick ets are sold, prepared by the City Attor ney at the request of the Chief, of Police, was introduced and passed. The provisions of this ordinance are as follows: "Section 1. That it shall be unlawful for any person within the corporate limits of -the City of Portland to sell or offer for sale any lottery ticket, certificate, paper or instrument purporting or representing, or understood to be or to represent, any ticket, chance, sharo or Interest in or de. pending upon any event of any lottery. "Sec. 2. No person or persons shall within the corporate limits of the City of Portland set up or keep, either as owner, proprietor, keeper, manager, employe, with or without hire, lessee or otherwise, any house, shop or place for the purpose of selling any lottery ticket, certificate, paper or instrument purporting or representing, or understood to be or to represent, any ticket, chance, share or interest in or de pending upon the event of any lottery. "Sec 2. No person or persons shall within the corporate limits of the City of Portland, frequent or go Into or visit any house, shop or place whero any lottery ticket, certificate, paper, or instrument purporting or representing, or understood to be or to represent, any ticket, chance, share or Interest in or depending upon the event of any lottery, are sold' or kept for sale. "Sec 4. No person or persons within tho corporate limits of the City of Portland shall have in his possession any lottery ticket, certificate, paper or instrument purporting or representing, or understood to be or to represent, any ticket, chance, share or interest, or depending upon the event of any lottery, or any tool, Instru ment, stamp or device used or intended to be used in or in contriving, setting up, preparing or drawing any lottery or pre paring for sale or distribution any lottery ticket or tickets. "Sec. 5. Ordinance No. 10,22) Is hereby repealed. "Sec G. Any person violating any of the provisions of this ordinance shall, upon conviction thereof in the Municipal Court, be fined in a sum not less than ?10 nor more than $200, or be imprisoned in the City Jail not less than five days nor more than 90 days, or by both such fine and Imprisonment, in the discretion of the Municipal Judge." Upon a motion being made to put the ordinance on its final passage. Baker asked whether it would not be advisable to refer it to a. committee. He thought some of the Councllmen did not thorough ly understand it. Jameson said he had not examined It. and Assistant City Attorney Duniway be ing present was asked to explain the mat ter to the Council. Mr. Duniway stated, in substance, that the city had a similar ordinance, and that a conviction under this ordinance was tested and the ordinance was held invalid by Judge George a few months ago, upon two grounds; first, that the city, under the charter, had no power to suppress lotteries and the handling of lottery tickets; sec ond, upon the ijround that the ordinance wis invalid because It provided that proof of possession of a lottery ticket was suf ficient proof of the offense to secure con viction. The city appealed the case to the Supreme Court. The Supreme Court holds that the city has power to suppress lot teries under the charter, and thus far reverses the ruling of the Circuit Court, but affirms the ruling of the Circuit Court in holding that the old ordinance of the city was invalid on account of the pro vision making proof of possession of a lottery ticket sufficient for conviction. The present ordinance repeals the ordinance held invalid and conforms to the decision of the Supreme Court, and empowers the city authorities to suppress lotteries with in the city. Mr. Duniway further stated that this was the first meeting of the Common Council since the decision of the Supreme Court was rendered, March 12. and it was desirable that the ordinance be passed at once to enable the city authorities to suppress the lottery evil. This explanation proved satisfactory, and the ordinance was passed by a unanimous vote "Will Condemn Piece of Land. An ordinance instructing the City At torney at once to institute proceedings to condemn for the uses of the city for reservoir purposes, etc, a tract of land adjoining the south boundary of the City Park, was passed under suspension of the rules. This tract of land was supposed to be Included in a tract bought by the city from xj. . urover, some time ago, but It was found that it was owned by Leander Lewis, a farmer living east of the city, who had taken It in payment of a mort gage for $1203. It Is 3C9 feet in length, 57 feet wide at the east end, and 36 feet at the west end, containing less than two blocks. As it Is just west of reservoir No. 4, on what would be the line of Jefferson street if extended, and is surrounded by city property. It is necessary that the city should own It in order to protect and re pair that reservoir, and Mr. Lewis, hav ing declined a reasonable offer for It it was decided to condemn it. ' Itepalrlnsr Sixth. Street. City Engineer Chase, who, at the last meeting of the Council had been instruct ed to devise some method of repairing tho asphalt pavement on Sixth street, sub mitted his report. He found that the portion of Sixth street that is worn out and requiring repairs is but a small per centage of the total area of the street from Morrison street to Flanders. That portion lying between a point 50 feet south of the south line of Davis street and 100 feet north of the north lino of Davis street is badly worn, and some other small areas are in bad condition; but, as a whole, ho says, the street is still a. fine street, and the pavement too good to make radical changes or improvements necessary at this time. He suggests that the street be re paired from Morrison street to the south line of Flanders street by repairing the concrete foundation and patching the sur face with Trinidad asphalt; also that the stone blocks at the Intersection of Sixth and Glisan be relaid. Martin said the repair ought to be made at once. It had been too long delayed. On motion of Baker, the report was re ferred to the street committee, and the City Engineer directed to prepare an es timate of the probable cost of the repair. Recommend Vaccination. The following preamble and resolution, Introduced by Baker, were unanimously adopted: "Whereas, the City Physician earnestly recommends tho vaccination of all persons liable to contract smallpox: therefore, be it "Resolved, That the Common Council recommend the course advised by the City Physician, and request that all peo ple, except Immuncs. shall comply with the request by being vaccinated without delay." Mayor Storey slated that he had been desired to request the Council and city officials to attend thewpubllc funeral of members of the Second Oregon Volunteers, on Sunday. On motion, it was decided that all city officials meet at the Port land Hotel, at a suitable hour, and attend the funeral in a body. Street Work. An ordinance) appropriating $500 out of the general fund, to pay expenses con nected with contagious and inrectlous dis eases, was passed. An ordinance declaring the proportionate share of the cost of constructing a sewer in Vaughn street, and appropriating $2947 50, the cost thereof, was passed. An ordinance was passed authorizing tha Board of Public Works to Improves Jackson street, from Park to West Park street. As the city owns the property on both sides of the street, the cost will be paid out of the general fund. Ordinances were passed providing for the time and manner of Improving East Alder, San Rafael. Sellwood, East Main, Sacramento and East Ninth streets. Resolutions were adopted directing tho survey of tho proposed extension of Tilla mook street, from tho west line of block B to the county road, running north and south, section No. 25, and for the proposed extension of an alley through block 23, Central Albino. Resolutions were adopted directing the publication of notice of intention to con struct a sewer in Eugene street, from Union avenue to Rodney avenue, and to Improve the following streets: College street, from Fourth to Tenth; East Alder street, from East Twelfth to East Twen tieth; East Tenth street, from Belmont to East Glisan, and Clifton street, from Seventh to Tenth, and of Intention to change and establish the grade of Delay street, at Sellwood and Stanton streets. A petition for the Improvement of Cook avenue and Fremont street, from Com mercial to Gantenbeln, by graveling and laying a three-foot sidewalk on the north side, was referred to the street committee. Petitions for sewers on Ea3t Nineteenth and East Eighth streets were referred to the sewer committee. Other Business. The petition of Mrs. Elsie Reynolds for a rebate of $5 on the amount paid for license as a medium, was referred to the license committee. Tho petition of Kaufman & Rothchild for the return of $27 28 paid as Interest under the bonding act, was referred to the Judiciary committee. Tho committee on licenses reported ad versely upon the petition of C C. Frost and P. S. Thomas for rebate on woodsaw license, and the petition of the Oregon Protection Insurance Association and Ore gon Fire Relief Association, for exemption from paying the regular insurance license. The reports were adopted. A petition asking for the Improvement of Stark street, from Third to Seventh, by constructing concrete curbs and pav ing with vitrified brick, was referred to the street committee. A resolution was adopted authorizing the City Treasurer to place to the credit of the Fire Department fund tho sum of $3610 52 out of the money held by him as an undistributed fund. This is tho Fire Department's share of some $13,000, of delinquent taxes collected, all of which this department had hoped to get. POLITICS AND MINING. Doth. Industries on tho Boom la Southern Oregon. Dr. J. M. Keene, of Medford, who Is spending a few days at the Imperial, says Southern Oregon was never more prosper ous than now, as the past Winter has been unusually favorable to placer mining and continuous growth of props in the Rogue River Valley. Rains fell earlier than usual last Fall and put the placer miners to work by starting the streams, and the gold-hunters lost no time in har nessing the water to the numerous moni tors, sluice boxes and rockers throughout Jacltson and Josephine Counties. Tho result of the many clean-ups, he feels assured, will be the largest yield of gold dust In the history of Southern Oregon. Tho snowfall Is light on the mountain summits, however, and unless this Is re plenished in April or May, the mining sea son will not extend as far Into the Sum mer as usual. Jackson County people, Dr. Keene says, are beginning to take considerable in terest In politics, and they have a can didate for Congress in the person of Speaker Carter, of the last House. Mr. Carter Is considered a strong man In Southen Oregon, and the voters in that portion of the state think it would be fine to have a Southern Oregon man in Congress, a boon they have never yet enjoyed. Dr. Keene, looks for three full-fledged county tickets in Jackson this June, as the Middle-of-the-Road Populists, are go ing to nominate a complete set of candi dates, fusion not being regarded as good policy where opposite principles are In volved. Republicans and Democrats will each place a ticket in the field, and as each party is ably represented by the various county papers, lively times are looked for during the county campaign of 1900. "Medford Is building up rapidly In con sequence of returning prosperity," the Doctor continued, "and there Is not a va cant house in tho town. Several substan tial brick structures have been added to the business portions, and the demand for more residences will cause quite an audition of modern houses to the residence district this year." i e PERSONAL MENTION. Julius L. Haas, of Albany, Is at the Im perial. S. B. Huston, of Hlllsboro, is registered at the Perkins. R. L. Jeffery, of Astoria, la registered at the Imperial. Dr. Darnell, of Toledo, Is registered at the St. Charles. W. J. Ingalls. of Astoria, is registered at the Perkins. J. W. Hobbs, of McMinnville, is regis- icrea at me .rerKins. J. P. Wagner, of Forest Grove, Is reg istered at the Perkins. J. A. Borie, a Pendleton business man, is registered at the Imperial. C. F. Lansing, nursery man, of Salem, is registered at the St. Charles. R. D. Burnham and wife, of Champaign, 111., are guests of the Portland. W. J. Alexander and finn'tv n t..-. .Mont., are guests of the Portland. C. A. Monroe, a stockman, of North Dakota, is registered at tho St Charles. E. D. and F. E. Gelser, mining men of Baker, are registered at the Portland. Mrs. Helen D. Harford, state president of the W. C. T. U., Is a guest of the St. Charles. W. R. Dunbar, of the United StatiU land office, at Vancouver, Wash., is at the Imperial, accompanied by Mrs. Dun bar. Hy. Ellers, pt Ellers Piano House, left last night for Tacoma and Seattle He will also visit Spokane and Butte, Mont., before he returns to Portland. Mr. and Mrs. M. J. Kinney, formerly of Astoria, Or., returned to Portland a few days ago from a three months' tour in Southern California. Their home for the coming year will be 315 Twelfth street. SAN FRANCISCO, March 2L Portland arrivals are registered In this city as follows: J. H. Smith, at the Lick House; A. W. Ocoback and wife, at the Grand; MlB A. Porter, at the Palace; J. p. Car ney, at the Russ House NEW YORK, March 2L E. E. Merson of Spokane, Is registered at tho New York; W. H. Rowe, of Seattle, Is at the Morton, and E. J. Cassell, of Portland, at the Hoffman House. WASHINGTON, March 2L D. H. Had Icy, of Tillamook, Or., was In Washing, ton today. He will sail for South Africa tomorrow, where he will engage In mining. B. C. Grosscup, the Tacoma attorney for the Northern Pacific, was hero today. HAD A PORTLAND RECORD SEATTLE BANICROBBERS ARE WELL-BfOWX HERE. Moore aad Betts Had Recently Fin ished Their .Sentence la the Oresoa Penitentiary. Charles S. Moore and George Betts have been identified by the cashier of the First National Bank, of Seattle, as the highway men who robbed that institution of $150) last Monday. They are well-known crim inals of Oregon, and were positively con nected with the bankrobbery by means of pictures sent from here. Shortly before attacking the bank they were released from the Oregon penitentiary, after cerv ine a three years' term for larceny in a store. Their arrest, conviction and sub sequent developments connected therewith form one pf the Interesting chapters of local police history. They are shrewd, daring criminals, and the authorities will have a hard chase in running them to the ground for the bank robbery. Moore and Betts first appeared here in July. 1S35. Detectives Day and Simmons regarded them as suspicious characters, and one day took them to the police sta tion, whero both were photographed. There was nothing against the men then, so they were allowed to go, with a request I to leave the city or get to work. Next day two men entered D. D. Ollphant's store, on First street, grabbed up $S0 in gold and escaped. The detectives thought from the description given by the stenog rapher that the two suspects were the thieves, but, to make sure, had the pho tographs taken down for identification. This confirmed their belief, as the sten ographer positively identified both. Catch ing them was more difficult. Simmons went to Seattle "and Day to Spokane, to intercept the men should they start either way. Meanwhile the Spokane CBTARLES S. MOORE AND GEORGE BETTS, BA.MOIOBBERS. authorities apprehended the two burglars Sears emphasized the Interest attaching to on Information furnished by the Chief of J anything authentic concerning South Afrl Pollcc When Day and Simmons arrived i ca and its people. After Miss Farnham a battle royal In the courts followed, as t finished, Miss Riley was heard in two good both Moore and Betts had money and . vocal selections, which elicited annlause. used it freely to employ lawyers in habeas 1 corpus proceedings, xne courts turneo. both men loose, but tho detectives, aided by the Spokane police, arrested them again hurriedly and got on the "walla Walla train. At the latter place they were again stopped by a habeas corpus writ While Simmons was apparently complying, Day got the prisoners into a buggy and drove furiously until across the line Into Ore gon. No train ran from Pendleton to Umatilla; except around through Walla Walla, and the detectives could not cross into Washington without being, arrested or becominr subject to more habeas cor pus proceedings. General Traffic Mana ger O'Brien, of the O. R. & N., arranged matters by having the officers and their prisoners brought direct to Umatilla on a locomotive. Both Moore and Betts were convicted and sentenced to three years in the peni tentiary. Shortly afterward It developed that Betts real name was John Bingham, ana ne was waiuea in umcaco ror com- i people. pllclty in a murder case. Alderman O'Mal-1 In mentioning their strong -religious ley, of that city, aided by Bingham, alias characteristics. Miss Farnham said: "I do Betts, at the preceding election was ae- I not mean they are at all a spiritual ised of murdering a policeman. That j minded people, but they have employed Betts mlcht be tried there and be used In certain principles In the New Testament, prosecuting O'Malley, Governor Lord par- and their idea always has been to make doncd him here, but when the Chicago of- J theirs a biblical commonwealth." Confir flcials attempted to remove him from the I matlon, which was accepted as the dlvid state they were fought in habeas corpus ing line between youthful irresponsibility proceeding on the ground that Betta j and manhood, simply meant passing a de could not be given a pardon unless he sired examination In a catechism. After asked for it The courts sustained his con- , that a man was Independent to smoke, tentlon, and ho was remanded to the Ore- J marry, exercise political powers, and per gon penitentiary to serve the remainder of , form all acts accorded to a citizen. Re- hls term, owing to Betts absence. It was said, O'Malley came off clear in Chicago, and there was a well-founded rumor cur rent here during the legal difficulties that Betts' case was being fought with money sent from Chicago. O'Malley's acquittal destroyed the case against Betts, so there was no need of taking him after expira tion of 1TI8 sentence. Shortly after he re turned to the penitentiary he and Moore escaped, but freedom was short-lived, both .:" XX . . . rv.T " v later. Their term expired February 8, of this year. Since that time they have been slveness, he was the refined South Afrl hoverlng about Seattle, doubtless plan- I can gentleman farmer, who mich't enter nlng for the bank robbery effected In such daring manner Monday. Both have rec ords elsewhere, and are bad men. THE DEER LAW. It Is Still Disregarded In Parts of Laae County. GREENLDAF, Or7March 18. (To tho Editor.) Today I received The Weekly Oregonian of the 2d, 9th and 16th, In ono of which Mr. Blossom, of Eugene, a sportsman and a gentleman, who fre quently hunts deer in the open season in this vicinity, criticises my statement that the settlers hereabouts do not favor the enforcement of tho game law. I am very positive still that he cannot find one in ten who will hesitate to express himself in favor of disregarding It entirely, and I know that It Is a nullity here. He sug- J the colored people so as to make It safe gests that with a gun in the open season for white people to live among them; and I "might take pay in venison for the , the other problem was how to educate the damage the deer do." My observation con- , whites that they might take their proper vlnces mo that Mr. Blossom and the . place in civilization. From this date be other hunters earn all the venison they gan that long series of complicated affairs get, and that I should do the same and which led up to the present crisis. Very not get any pay for the damage. I raise early in the English occupation. Lord my meat more cheaply and kill it more i Charles Somerset began developing the hmanely I P010 ' dealing with the native people j.ue uujimge uono is serious, ui nw can- bage plants which I put out tho deer destroyed 300, which I reset Then I main tained log fires, which kept them away until last night when the fires were neg lected and the deer took 25 or 30 plants. The hay they destroyed last summer would bring as much meat as tho average settler gets in a year by hunting. In more thickly settled localities It may be prac ticable to protect the deer, but where the openings in the woods contain but eight or ten acres each, the law, as I said before, cannot be enforced. Mr. Blossom says: "If the law is an unJUBt one It should be abolished or re modeled. ... It Is the duty of every person to abide by the law." If I put out pciscn, giving the notice required by the law, and the deer disregard the notices and eat the poison, I "abide by the law." When this section has been lomrer settled and the clearings are larger and often confluent, a game-protecting law may fit. And when the lumbermen have swept away the forests, as they probably will within a score of years, I am afraid, in Mr. Blossom's words, ''the deer will go where the elk have' Another writer In the same issue, who evidently read a sheepman's letter recent ly published In The Oregonian, referring to aheep climbing fir trees on the public range and devouring them, which he seems to think funny, discharges some supposed wit about deer sucking cows, but as he makes no erIous statements, requires no reply. I stated facts. Those facts re main, and "facts are stubborn things." WILLIAM H. WHEELER. TOLD OF THE BOERS. Miss Farnliam at the Unitarian Social Union. "It seems to me that the Boer has shown himself Incapable of dealing with the large questions of life," was the utterance last evening of Miss Mary Farnham, who spent 10 years In South Africa, teaching. Miss Farnham was speaking to the Unitarian Social Union, on the subject. "South Afri ca, Social and Political." Her treatment of the land now before the world was mild, and showed the spirit of one who loves both country and people. South Africa's history, political, social and re ligions, has been studied for years, and every class of Its people has been met by Miss Farnham. She regards the Boer as narrow-minded, obstinate and deter- minedly unprogresslve, while thesame per- son in blood and environment becomes the cultured South African farmer and gentle man as soon as he seeks the enlightenment of the world. Miss Farnham's analysis of the Boer credits him with great Inten sity but not less susceptible to the bland ishments of wealth by reason of his sound ing biblical proclllvitles. Last evening was the second meeting held by the union, and a brief constitu tion expressing Its social purpose was read by Rev. W. R. Lord Immediately after Judge A. F. Sears, Jr., rapped for order. In Introducing the only speaker. Judge The second meeting of the Union was very gratifying to all Interested, as the audience xuuy occupiea the cnapei of the Unitarian Church. Refreshments, which were also much appreciated, were served by the women after the programme. Miss Farnham began her topic by hur riedly sketching outlines of climatic con ditions, historical development and general characteristics of the South African peo ple. The French Huguenots were said to have been received by the original Dutch colonists at the expense of both religion and language, and the much-talked-of taal and religious customs were more Huguenot than Dutch. Customs, names and other evidences were cited to- establish the fact Prior to the occupation of the English following. Napoleon's downf all. Miss Farn ham said schools had received hardly any encouragement Racial difficulties had j Ibeen .multiplying, as the great center of .rt-irjcu. nepi mrusung uown upon tne coion- j ists- tribe after tribe of dark, Ignorant garding the language. Miss Farnham said she thought there were not more than 200 or S00 words in It, which naturally re sulted In their not having a-large range -of Ideas. The limit of words for expres sion was small. Miss Farnham said there were no barriers, to advancement In South Africa save as imposed by the people themselves. If a man desired to remain simply as hl3 fathers had been, no better or higher, he became what Is known to uiu wonu as a Boer, n ne sougnt eauca- I tlon. enlightenment and mod nrnOTM. tha Assembly and was received anywhere in the world as a valuable addition to society. Regarding Dutch slavery Ideas the speaker said: "The Dutch, believing they were the chosen of God, felt "bound to enslave the people among whom they dwelt. If they were not able to enslave the people among themselves, they sought others more tract able. Tho Hottentots were Impracti cable because of their Indolence. Tho Hottentot could be managed because he is not a fighting man, but the Kaffirs were warlike, and until the advent of stronger powers than the orlg- Inal Dutch, were a source of great dan ger." Of the problem before the English when they assumed control of Cape Colony, Miss Farnham said: "When tho English came, two problems confronted them. One was how to civilize as if they were neoDle. as If thev were men. as If they had rights which were to.be respected. It cannot be said they were always fair or wise In this work, and yet their principle was -that all men are alike in God's sight" Miss Farnham received very complimen tary applause at the close of her re marks, and entertained those interested with views and sketches from the land on which she had talked. BUSINESS ITEMS. If Baby I Cnttlner Teeth. Be rare and use that old and well-tried remedy. Mrs. WlnsIows Soothing Syrup, for children teething. It soothes the child, softens the gums, allays all rain, cures wind colic and diarrhoea. a Many persons keep Carter's Little Liver Pills on hand to prevent bilious attacks, sick headache, dizziness, and find them Just what they need. IN THE SEVERAL COURTS TRIAL OF A SUIT FOR DAMAGES BY AX EXPLOSION. Qiaarry Hand "Wants $15,000 Dam- asTCM for the Loss of aa Arm fc Notes of Litigation. The trial of the suit of Carl O. Johnson against the Portland Granite & Stone Company for $15,50S damages on account of the loss of an arm and an eye, as the result of an explosion, was begun In Judge Sears' court yesterday. The trial will bo continued today. The quarry of the defendant where the accident occurred is at Point Granite, Whitman County, Washington. The action was brought In this county and state be cause the office of the company Is located In Portland. Johnson alleges that he was employed at the quarry as a common laborer, and says he was ordered to put a steel drill into a drill hole on August 1, 1S99, In which hole there was a charge of explo sive. This was discharged, and ho states that he sustained the Injuries here men tioned, and expended $508 fdr medical at tention. The answer of the defendant set3 forth that Johnson voluntarily worked with Nels Nelson, the powderman at the work, drilling, and that he was not Inexperi enced, as he states, and that Johnson carelessly inserted the drill into the hole, and was himself to blame for the acci dent, and the company Is not liable. The evidence introduced for the plaintiff disclosed that on the afternoon of July 31 three holes were drilled Into the rock and fired with an electric battery. The holes were filled at the top with tamping, tho charge being underneath. One of these blasts, it seems, did not go off, or if it had there was only a partial explosion, and the tamping was undisturbed when Johnson went to it the next morning. He began to clean out the hole with a steel drill. Immediately the charge exploded. Witnesses testified that in a case of this kind, a swab stick ought o be used, and that it Is very dangerous to use a steel drill, as its contact with the cap Is certain to result In the charge going off. Johnson says he was ordered to do what ho did, and a point in the case Is whether or not Nelson, the powderman, was care less in not guarding against the accident Made n. Good "Witness. In Judge Frazer's court, the $10,000 dam age suit of F. L. Richmond against the Southern Pacific Company is still on trial. The plaintiff was subjected to a very searching cross-examination at the fore noon session by W. D. Fenton, one of de fendant's counsel. W. T. Mulr is assist ing Mr. Fenton In the case. The line of defense Is. first, that the Injuries have been much magnified, that in fact they were not very serious, but temporary; that Richmond was guilty of contributory negligence in standing up In the car, and that as a matter of law the company Is not liable for slight negligence on It part for injuries to a passenger on a freight or accommodation train. In other words, the plaintiff. If he chose to ride on a freight train, was bound to ex ercise more than ordinary care, and it will be contended he did not even use ordinary precaution. The witnesses ex amined in behalf of the plaintiff were: William Davis, R. D. Lucas, Mrs. F. L. Richmond, Mrs. Richardson. Charlotte Adams, a nurse who attended plaintiff, and Dr. Andrew C. Smith. Some of these testified concerning the accident, and the others told of the sufferings of plaln tlfi. Mrs. Richmond testified that she was In San Francisco, and came here at once In response to a telegram, and took care of her husband. She said he suffered a great deal. Tho plaintiff Is a -bright man, and made a good witness in hl3 own behalf, relating his story with much detail, and not miss ing a point McDaniel Argument Cloned. Deputy District Attorney Glltner closed his argument opposing the motion for a new trial in the case of Frank E. Mc Daniel yesterday morning1, and after he had finished, Henry St Rayner for the defendant made a few concluding remarks. Mr. Glltner contended that the affidavits regarding tho alleged expressions of opin ion by Juror Masten constitute no grounds for a new trial, and that the verdict ren dered cannot be thus impeached or nulli fied, especially when It is shown that the Juror on some occasions voted for acquit tal. , Counsel urged that McDanlel had plenty of time and every opportunity to defend himself, and had a fair and im partial trial in all respects. Mr. St Rayner submitted authorities to back up his affidavits, and also argued that the evidence adduced was not suffi cient to Justify the verdict of manslaugh ter or any verdict of guilty. Probate Court. Martha Patton, guardian of Elmer C Patton, a minor, petitioned for leave to sell tho interest of the ward in a house and parcel of land near Portland, for $10 to provide funds for the minor's support A. W. Lambert, administrator of the estate of Loui Warnelke, deceased, was authorized to dismiss a damage suit against the Northern Pacific Railroad Company, on account of the death of Warnelke, on the payment of $60. The administrator says the principal witness, Joseph Glntermann, Is in tho peniten tiary, and that he was advised by the attorneys that the amount of damages he might recover from the company, even with the testimony of Glntermann, would be small. If any, and of no value to the estate. The final order was made in tho matter of the estate of W. H. D. Joyce, deceased. Divorce Suits. Isabella Mary Remington- has sued Frank L. Remington for a divorce because of desertion alleged to have occurred Jan uary 15, 1S06, and for permission to re sume her maiden name. Purvis. They were married in this city in December, ISM. Edward J. Marvin ha3 begun suit in the State Circuit Court against Sadie Marvin, for a divorce. He avers that they were married at Freeman, Mo., on October 13, 1S36, and that she deserted him on Octo ber 2C, 1SS6. Petition In Bankruptcy. Lewis T. Hennessey, of Gales Postofflce, laborer, yesterday filed a petition in bank ruptcy in the' United States Court His liabilities amount to $1690. He has no prop erty, it having all been taken by his cred itors several years ago. Court Notes. In the suit of F. Krantz vs. William Isensee, the Jury returned a verdict in favor of the defendant for $26, the price of tho blocks and tackle involved in the case. The plaintiff sued for $100 damages for the alleged unlawful taking- of the blocks and tackle. The plaintiff was granted flvo days to move for a new trial. John Gustavsen filed a petition in the County Court yesterday asking- to have his name changed of record as to prop erty which he owns, to John Gustavsen UJana, which Is his true name. Ho Is a native of Finland, and dropped his sur name on coming to Oregon, 12 years ago, but now desires to resume It The Scalp Bounty Law. Lakeview Examiner. There is no question about the warrants Issued by the Secretary of the State of Oregon as scalp bounty being paid in full. Because Multnomah County proposes to defy the state law. It does not follow that tho warrants will be refused payment Multnomah Is not the "whole thin." It Is probable, however, that the law will be I repealed at the next session of the legis lature, as It is u&arofitable to the State of Oregon to pay for the scalps of preda tory beasts that make their homes in Cali fornia, Nevada, Idaho and Washington. CATTLE DROPPED IN PRICE L. Umatilla Stockmen Not Inclined to Sell at Present Figures. Pendleton East Oregonian. Umatilla County cattle-growers appear to demand more than buyers are willing to pay Just now, and, a3 a consequence, sales are not being made very frequently at thl3 time. Some time ago, 5 cents per pound was paid, and the stuff was even then not too promptly offered by the growers, who, in many Instances, thought tho market could go higher. Cat tle have now dropped in value, and any sales which are made will have to be at considerably leas than 5 cents. Growers here being so loath to sell, a Sound buyer, W. H. Daughtrey, repre senting the Pacific Meat Company, of Ta coma, so the East Oregonian was Informed today, has shipped from Nevada 2S cars of cattle bought In Reno, and for which he paid 4 cents for steers and 3 cents for heifers. William Gibson has bought from John Boyce an extra fine lot of cattle at V& cents for steers; a very fine lot from 6. Teel at 4 cents for steers and 3 1-5 cents for cows; and a lot from Splcer, the stock man, for which he paid 4, cents for top steers and 4 cents for other of the band. L. E. West of Tacoma, has bought from Perard, the sheepman, 900 mutton wethers, paying 4 cents a pound for them. Since they average 110 pounds to sheep, the average price Is about $3 a head. They were very fine mutton sheep. 9 "'. CELEBRITIES MAY COME. Petschnlkofl, "Poet of the Violin," and Hambonrg, Pianist. The world's musical celebrities still crowd upon us. Through the enterprise of Manager Clarence Jones, of the Metro politan, there is now a prospect of Port land people hearing Petschnlkaff, the young: Russian violinist, who has proved the great sensation of the musical season East He has been called the "Poet of the violin." and Krehbiel. In' the New York Tribune, sa-3 of him: "No virtuoso for 20 years, at least, has won a more complete triumph." With him Is Mark Hambourg, the talented pupil of Les chetizky, whom that great master of pi anoforte. In the beginning, placed before Paderewski, who was studying with him also. Hambourg made his first appear ance before New York audiences this sea son. Lachaume, the pianist whom many will remember In connection with Ysaye's visit here. Is traveling with Petschnlkoff as his accompanist Mr. Jones is now endeav oring to arrange a date for this great trio to visit Portland the latter part of April, and hopes to conclude negotiations this week. DAILY CITY STATISTICS. Real Estate Transfers. T. W. Chandler et ux, to William Morginson, undivided of 33x100, Qulncy and Seventh streets; March 21 $750 John E. Phillips and wife to W. N. Northrop et al., lot 7, block 5, Port land Highlands; February 26 25 Guaranty Savings & Loan Association to T. Torsen. lot 3, block 1, Park View; March 17 400 Percy H. Blyth to Arthur H. Devers, lot 8, block 119, West Irvington; March 21 700 Joseph Leonard Estate to Philip Strelb, 27 acres, Joseph Leonard D. Ii. C; also 6.1 acres. SW. Vi, sec tion 8, T. 1 N.. R. 1 W.; July 5, 1S99.. BOO Joseph Leonard Estate to John Lln der, 22.8 acres, SW. yx. section 8, T. 1 N.. R. 1 W.; July 5. 1S99 700 Joseph Leonard Estate to Fred Ber stecher, 14.4 acres, section 8, T. 1 N.. R. 1 W.; July 5. 1S99 260 Wm. Morginson and wife to Gust Monphier. E. of lot 21, block 24, Albina: March 26 1350 R. Livingstone administrator, to Wallace McCamant, lot 1. block 106, Stephens' Addition; March 17 40 Annie Lehnherr and husband to Rob ert J. Jones and wife, lots 6, 7, block 9. Montlcello Addition; November 8, 1S99 75 L. T. Peery et ux. to Robert J. Jones and wife, lots 8. 9. block 9, Monti cello; October 14. 1899 60 Chris. Senn to Robert J. Jones et ux., lot 3. block 9, Montlcello; November 19, 1S98 50 Laura Breske and husband to John W. Bellow and Anna Bellew, lots 1, 2. block 120, Stephens' Addition; March 20 1125 Blanche O. Wells to EL F. Olson, lots 40, 42, 43, 44, block 1. Stanley; Feb ruary 21 300 S. Pennbyer and wife to same, same; February 22 123 Building: Permit. Mrs. Wlndeman, cottage on East Couch street 5300. Ttfarrlngre License. Lloyd B. Henderson, aged 21; Maud Gentry, 20. Deaths. March 20 William Harold Brown, aged 8 months; 1056 East Taylor street; bron chitis. March IS H. S. Holman, aged 60 years; 506 Market street; cancer. March 19 H. Henry Bussenshut, aged 21 years; Good Samaritan Hospital; pulmon ary embolus. March 17 F. A. Fisher, aged 51 years; 114 East Third street; cancer of stomach. March 20 Alfred St Reynard, aged 31 years; 1056 Grand avenue; phthisis pul monalls. March 21 Edith Davison, aged 20 years; Good Samaritan Hospital; appendicitis. Contagious Diseases. Lloyd Holman, St Vincent's Hospital; diphtheria. a The Mayflower. Threo New England states, Maine, Rhode Island and Vermont, have formally adopted "state flowers," the pine cone, the violet and the red clover respectively, and a demand, attended by much recrimi nation among the partisans of various flowers, has been submitted to the Massa chusetts Legislature for the adoption of the "mayflower." Vigorous objection has been made, however, for the peculiar rea son that Its adoption would be regarded as an unwarrant lnfrlnsement of the senti mental preference of Nova Scotia. In that province, It Is pointed out, the may flower grows profusely. It has flcured in the writings of Nova Scotia's poets and novelists, and In the speeches of Its public men, is represented In the copper coinage of tho province, and appears upon the flag of Nova Scotia, together with the motto, "We bloom amid the snows." Are unlike all other pills. No purging or pain. Act specially on the liver and bile. Carter's Little Liver Pills. One pill a doso. Duffy's Pure ,f Miaitwrnskev m cures couehs. colds. ICI 2rir. Asthmn Vi.i. chitlq nnr) cnnotimn tion. Jt stimulates est known heart tonic M XEW TODAY. TH0S. SCOTT BROOKE Real Estate, Concord Building Quarter block, Sixteenth and John son Streets, $3500.. 2 Lots, Marshall Street, Just above 24th', $3300. PARRISH 8c WATKINS REAL ESTATE. LOAN AND INSURANCE AGENTS Have Moved to 250 ALDER STREET MY BEAUTIFUL BABY BOY Weak WonsB Made Happy by Lydla E.I Plakh&m's Vegetable Compound I Letters frosm Two Who Kow HTj Children. "Dsab MesI Petfotam: It was my ardent desire to have a child. I had heea married three years and was childless, so -wrote to you to find out the reason. After fol lowing your kind ad vice and taking- Lydia E. Pinkham's Vege table Compound. I be came themother of a beautiful baby boy, the joy of our home. He is a fat, healthy baby, thanks to your medi cine." Mbs. aincDA FrrnrT.E, Boscoe, N.Y. From Orateftt. Mrs. Laae "Deab Mbs. Petkham: I wrote you a let ter some time ago, statinjr my case to you. "I had pains through my bowels, headache, and backache, felt tired and sleepy all the time, was troubled with the whites. I followed, your advice, took your Vegetable Com pound, and it did me lots of good. I now have a baby girl. I certainly be lieve I would have miscarried had it not been for Lydia E. Pinkham's Vege table Compound. I had a very easy time; was sick only a short time. I think your medicine is a godsend to women in the condition in which I was. I recommend it to all as the best medicine for women." Mbs. Mast Lake, Coytee, Tenn. DAILY METTEOnOLOGICAL REPORT. PORTLAND, ilarcii 21. 8 P. M. Maximum temperature, C3; minimum temperature, 39; river reading: at 11 A. M.. TS feet; change la tho last 24 hours. 0.2 fowt; total precipitation, 6 P. JI. to 8 P. 31., O.OO; total preclpltatloa from Sept. 1. 1S99. 20.52 Inches; normal pre cipitation from Sept. 1, 1S0O. 30.61 Inches; fiefl ciency, 7.09 Inches; total sunshine March, 20, G.0S; possible sunshine March 20. 12:10. WEATHER SYNOPSIS. Rain has begun In "Western Washington and ! Northwest Oregon. O.T6 of an Inch, having fallen at Neah. and 0.12 &t Astoria. The pres sure has continued falling over th Northwest for the past 24 hours, and Is now verr irregu lar, causing: unsettled weather. There Is no well-deflned area of low pressure within the region from which reports ore received, but tha lowest pressure la at "Walla "Walla, the- barom eter reading being 20.92. "West of tho Cascades the temperatures are from 43 to 04; east of them from 00 to 68 deg. WEATHER FORECASTS. Forecasto made at Portland for th 33 boon ending at midnight Thursday, March 22: "Western Oregon and "Western Washington Rain, except fair In afternoon; westerly winds. Eastern Oregon, Eastern Washington and Northern Idaho Occasional rain; south, to west winds. Southern Idaho Fair; winds eouth. to west. Portland and vicinity Rain, except fair In afternoon; winds northwest to west. G. N. SALISBURY. Forecast Official. CLASSIFIED AD. RATES "Rooms." "Rooms and Board." "Housekeep lng Rooms," "Situations Wanted," 13 words 0? less. IS cents; 16 to 20 words. 20 cents; 21 to 21 words, 25 cents, etc. No discount for additional insertions. UNDER ALL OTHER HEADS except "New Today," 30 cents .for IB words or less; 16 to 20 words. 40 cents: 21 to 25 words, EO cents, etc first Insertion. Each additional Insertion, otie half; no further discount under one month. "NEW TODAY (gauge measure agate), 33 cents per line, first insertion; 40 cents per lira for each additional Insertion. AUCTION SALES TODAY. At the new auction room. 2C2 First si., cor. Madison, at 10 A. M. John Campbell Currle, auctioneer. At Central Auction Rooms, cor. Alder and Park. Sale at 10 A. M. Geo. Baker & Co., auctioneers. At 122 Fifth st.. cor. Washington, at 10 A. M. X. T. Wilson, auctioneer. DIED. OWENS In this city. March 21. Mrs. Margaret OwenSi wife of Michael Owens, aged 43 years. Funeral notice later. AHERN Wednesday. March 20. Mrs. Mary Ahem, widow of Michael Ahern. aged 72 yrs. Funeral notice later. FOXEItAL NOTICE. REYNARD The funeral services of the late Alfred W. Reynard, who died In this city 3rarch 20. 1000. will be held at J. P. Finley & Son's chapel, cor. Third and Jeffersoa sts., today at 1:30 P. M. Friends Invited. In terment at Lone Fir cemetery. t EDWARD HOLMAN, Undertaker, 4th and Yamhill ats. Rena Stlnaon, lady ntmlstant. Both phones Xo. SOT. J. P. FINLEY fc SON, Undertakers. Lady Assistant. 275 Third st. Tel. 0. F. S. DUNNING, Undertaker, 414 East Alder. Lady Assistant. Both phones. t - - t NEW TODAY. FOR SALE TWO LARGE SHOWCASES. 11 feet long; sliding doora both sides; suitable for millinery or similar goods; cheap. Chai Hegele & Co., cor. Front and Pine. WANTED TO BUY FOR CASH A HOME IS the city. East or West Side; S100O or less. Call or address 613 Chamber of Commerce. ENGINEERS' SUPPLIES. ENGINES. BOILERS AND PUMPS. CHARLES GAULD. - - 44 FIRST STREET ' i Wellington Coal. Paciflo Coast Company. Telephone. 220. 249 Washington street. MORTGAGE LOANS On Improved city and farm property. R. LIVINGSTONE. 224 Starfe A. i t Mortgage Loans On improved city and farm property, at lowest current rates. Building loans. Installmoat loans. Macmaster & Birrell. 511 Worcester bite BONDS MORTGAGES Highest market price paid for municipal exA school bonds. Lowest rates on mortgage loacs. Will take charge of estates as agent or trust on reasonable terms. W. H. FEAR. 416 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. HOMES ON THE INSTALLMENT PLAN The undersigned Is prepared to build resi dences in Irvington. the most popular suburb of Portland, and sell them at actual coot, with C.Jr,.ccn totsrest. on the Installment plan, whereby the purchaser h&9 to pay but a slight advanc above the usual amount of rental charged for similar residences. C. H. PRESCOTT, 212-213 Chamber of Commerce. sss''&i$sMreBt. Wvx'rjrsaBiy BMir w&l! mm J iuKivi Hi iNs SBBssHiBBPfW" MUST BE SOLD Large Lot and 9-Room House Hard finish, full basement, in fine order: three blocks from northern terminus of "M" car line. Price 10. Title Guarantee & Trust Co. 7 Chamber of Commerce