Morning Oregonian. (Portland, Or.) 1861-1937, July 13, 1900, Image 8

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Morning Oregonian., July 13, 1900, Page 8, Image 8

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Newspaper Page TextTHE MORNING- OREGONIA3T, FBIDAT, "JULY'. 18, 1900.. TO TEST THE TARIFF Portland Exporters Seek to Recover Manila Duties. ABOUT $10,000 IN CONTROVERSY They Hold That the Philippines Are Part of the Domain of the United States. Portland exporters who ha e made ship ments to the Philippines Islands have decided to institute proceedings against the United States Government for the recovery of duties paid at Manila. Bauer &. Greene, the Portland attorneys, have takon up the case In conjunction, with Ralston & Siddong, of "Washington. D. C. As soon as the papers are prepared, the case wiH be filed In the Court of Claims at Washington, and if the decision Is ad verse to the claimants, an appeal will be taken the Supreme Court of the United States. "The claim of Portland merchante against the Government amounts to about $10,000. Harry B, Lewis, who represented' the Philippine Trading Association of Portland in the Philip pines, has sent to Manila for a certified statement of the amounts paid. "When this is received the case will be ready for fifing. The decision in the Portland case will settle the contention of whether the ports of the Philippines are to be held as foreign ports for tariff purposes un til Congress recognizes them as domes tic ports, or whether, as Judge Lochren, of Minnesota, ruled in the Ortiz case, Porto Rico, and also the PMlipplnea became, by their cession by Spain, "a part of the domain of the United States, and that the Constitution ox proprlo vlgore (from itt own force) at once extends over it (them) and became the supreme law of the land." Bauer & Greene will cpntend. In their case against ' the Go ernment, that when ratifications of the Treaty of Paris were exchanged between the American and Spanish Governments, on April 11, 1699. the Philippine Islands be came American territory, and that the Government has no authority to collect duties on products shipped from part of the United States to another. The question of collecting duties on goods passing between the United 'State? and the former Spanish possessions. Is the moot important trade problem be fore the country. Discussion of it has defined two points of difference, the first being that the new possessions are, until Congress direct otherwise, foreign terri tory for tariff purposes and the saoond being that they are not. The mest elab orate presentation of th" first point was made by Charles A. Gardiner, a promi nent New York lawjer. In an address before the New Tork State Bar Asso ciation at Albany, when the Treaty of Paris wan pending In the United States Senate. Two decisions on the subject have been rendered In United States Courts. Judge Toweiaand. of New York, held that Porto Rico Is foreign territory for tariff purposes, and Judge Lochren, of Minnesota, that It Is port of the do main of the United States. Mr. Gardi ner's case, which expresses deep solici tude for the welfare of the sugar and to bacco trusts, follows: Definition of the United States. "In construing the provision of the Con stitution that 'all duties. Imports and excises shall be uniform throughout the United States (article 1. section 8), Chief Justice Marshall in 1820 defined 'United States. 'Docs this term, he said, 'desig nate the whole or any particular portion of the American Empire? Certainly this question can admit of but one answer. It Is the name given to our great Repub lic, which is composed of states and terri tories. The District of Columbia, or the territory West of the Missouri, is not less within the United States than Mary land or Pennsylvania. (5 "Wheat. 319.) In its ultimate analysis It Included ail the land owned by the Nation In 1820. It in cludes all the land owned today even Alaska and Hawaii. It will include every foot of soil that may be ceded by the pending treaty. The islands will no longer be a part of Spain; they will not be in dependent; they will be ours, ceded, an nexed, their very soil forming a constit uent portion of the phj steal area of the United States. Our National entity Is co terminous wrch our physical domain, and will any one assert that our physical do main is not co-extensive with our Nation al entity? Judge Marshall's views are thought to favor free trade. It is as sumed that the uniform tariff; provisions of the Constitution wlH become operative and compel free trade within our borders. But are not protectionists and free-traders zealously quoting Marshall and Taney and Webster and Calhoun, while they overlook a principle which renders their dispute purely academic? Rests With Congress. "How will tariff regulations become operative? There Is no provision in the treaty; hence that document does not B-PPly. The Constitution and statutes do not operate ex proprio vlgore; hence they do not apply. We find ourselves again relegated to Congress. If it makes oper ative the Constitution and Dlngley tariff, they will be operative otherwise not. If it enacts new tariff laws, those laws will prevail. If, however. Congress rat ifies the treaty and does nothing more, leaving the adjustment of tariffs to the President as a war power, such course is equally, within Congressional discre tion. "These principles have been applied on several occasions In our history. Louis iana was ceded in 1803; Orleans Territory was organized therefrom in If 04; and in 1H2 ft was admitted as the State of Louis iana. Our tariff imposed a lower duty by 25 per cent on goods imported In American than in foreign bottoms. The Lousiana treats' ga.e a similar reduction to French and Spanish merchantmen trading to New Orleans, thus establishing lower duties there on French and Span ish imports by 25 per cent than elsewhere in the Union. For eight years the Terri tory of Orleans had an essentially differ ent tariff system from the rest of. the United States. "Florida, was ceded to us In 1S19. After we had taken- possession, it was decided by the Treasury Department that goods Imported from Florida, before Congress had made our laws operative therein, wore liable to duty. That is, said Chief Justice Taney, 'although Florida-' had by cession actually become a part of the United States; and was in our possession, yet, under our revenue laws, its ports must be regarded ae foreign until they are established as domestic by act of Congress. (9 How. 617.) "In 1846 the Mexican state of Tamauli pas was conquered by us. During our military and civil rule therein, and prior to the treaty of peace In 1848. there ar rived at Philadelphia an American vessel cleared from Tampico, upon whose cargo duties were exacted as from a foreign country. The Supreme Court, sustain ing the tariff, said: 'There was no act of Congress establishing a custom-house at Tampico, nor authorizing the appoint ment of a Collector. The regulations the Collector adopted were not? those" pre scribed by law, but by the President In the character of Commander-in-Chief. The permit and coasting manifest granted by an officer thus appointed, and thue con trolled by military authority, could not be recognized In any port ot the Unitd States, nor could they exempt the cargo from the payment of duties.' (9 How. C1G) Commenting generally upon this and other instances. Chief Justice Taney made thJs decisive utterance: 'The Treas ury Department, in no instance that we are aware of elnce the establishment of the Government, has ever recognized a place in. a newly acquired country as a domestic port, unleew It had been previ ously mado so by act of Congress. The principle thus adopted and acted upon by the executive department of the Govern ment has been sanctioned by the decis ions In this Court and the Circuit Courts, whenever the question came before them. And all of them maintain that under our revenue laws every port Is regarded as a foreign one unless the custom-house from which the vessel clears is within a collection district established by act of Congress, and the officers granting tbo clearance exercise their functions under the authority of the lawn ef the United States.' (9 How. 617.) "A separate tariff may be provided for the new territory by the simple means of continuing the present military govern ment. Their ports may thus remain foreign for tariff purposes (B How. 615); they may levy a tariff on Imports from us. and their goods continue to be subject to our import duties As'the Supreme Court specifically decided relative to the pro visional governments -of the South, such .governments can 'prescribe the revenues to be paid and apply them to their own use or otherwise. (20WalL 390.) And these governments, as we have sepn., may continue Indefinitely, and be terminated only In Congressional discretion. (16 How. 164.) Constitution Does Not Apply "Nw territory, therefore, may be ac quired "without becoming subject, to the tariff provisions -of our Constitution and laws. Sugar from Cuba,and Hawaii, to bacco from Cuba and Porto Rico, and the products of the Philippines and Ladrooes will not be admitted.-' duty -free, unless" Congress so determines. Hence the vast suma Invested in our sugar and tobacco industries need not be Imperilled, nor need colonial 'imports reduce our customs revenue or disturb our economic status. "The commerce of our territories with foreign states involves the inter national trade problem of the 'open door The President's recent proclamation to ihe.Fiyplnos has been misunderstood. 'Afl ports.' he saj 'will be opened to tha commerce of all friendly4 nations. All goods . ... -will be admitted upon payment of such duties and ether charges as shall be in force at the time of im portation."' If" no duties arein force, none win be exacted. If Dlngley tariff duties or any other exjst, they must be paid' This Is no 'open door,' nor even freo trade. It Is, moreover, only a military order, and may at any time be rescinded by the President But when Congress makes 'rules and regulations' for the new territory, what then? If It should ex tend our Constitution and laws over the islands, free trade would then, as now, prevail within all our borders, and thfeoretic&lly the Dlngley tariff between us and the rest of 'the world. The uni form tarift clause of the Constitution J being operative. Congress would have no more authority to admit English oods free at Manila, han at New Tork or Philadelphia. 1 must not' be forgotten, h&Wever, Mhat such ' action, while con dusivs within our boundaries, is- noS final In our International relations. The President and -Senate have, under the Constitution, unlimited power to make trade treaties. If we are not prepared to adopt free trade In Its entirety, we must continue in the future, as in the past, to regulate our open doors by treaty .and not by statute. As matter of fact there has been no uniformity -of tariff with foreign nations-since' our Government began. The 'favored nation clause has not prevented trade treaties, for nations have uniformly ignored the clause in their trade wars. A trade "rar now exists betsceen the United States and every European nation in the Orient except England. If Eng land permits us to trade In China and India, the treaty-making power of our Government can permit England to trade in the PJrilippines; if other European pow ers exclude uo from their Asiatic ports, our treaty-making w"wr- bv rfni. i discriminating tariffs, can practically ex- laoue mem irom tne PMHppInes. There Is no Constitutional objection to giving Spain the preferential duties provided In article Iv of the pending treaty; and; If policy dictates, the President and Senate can extend similar discriminations to our trade allies and refuse them to nations waging a tariff war against us; Part of the Public Domain. In the Ortex habeas -orpus case, de cided in the" Unlfed States Circuit Court .inne.TOa May 5 Jude Lochren held: The Government of the United States can exercise no powers except those del egated to It, either .expressly or by necessary Implication, by the Constitu tion: hence the civil Jurisdiction of the United States .can .only be AxerrtM -orig in territory over which the Constitution is In force and within the limitations Im posed by that instrument for the protec tion of personal and property rights. "Upon the cession by Spain to the Unit ed States of the Island of Porto Rico, th,at Island .became a port of the domain of the United States, and the. Constitu tion ex proprio viroge at once extended over It, and became the supreme law of the land. Including the provision giving the right of Jury trial in criminal prose- cuuons. "As affecting private right, a treaty be tween two nations becomes effective only from the date when the ratifications of the respective governments are ex changed." In the Ortez case the contention on the part of the United States was that by the cession, Porto Rico did not become an integral part of the United States, nor subject to the Constitution, but mere ly an outlying province or dependency, to be ruled by the absolute will of Con gress, untrammeled by any provision of the Constitution. Passing upon this Is sue, Judge Lochren said: "The arguments are ingenious, but. In view of the history of the country and the" terms of the Constitution, and the very numerous decisions of the Supreme Court, all to the contrary. I do not find them persuasive. "Our general Govern ment was founded by the men of the Revolution, who had rebelled against the arbitrary power asserted by Great Brit ain togovern her outlying colonies, at the will of her Parliament. Ther established this Government upon tne asserted theory mat au just powers of government come from the consent of the governed. They founded, as described, by President Lin coln, In language not yet forgotten, a 'government of the people, by the people, ror the people.' It will be. Indeed, mar velous. If It Is "made to appear that these men who then founded our National Gov ernment so constructed It that it Is cap able of ruling with unlimited power a subject people, who have neither guar antees to protect them nor any voice in the Government. This is foreign abso lutismthe worst form of tyranny. If the Constitution does not extend to Porto Rico, and our other new acquisitions of territory, but Congress has the untram meled, absolute -power to establish subject governments, art make IawB for such territories, it has the power to establish dependent monarchies or satrapies, state religions, and' even Blavery." Porto Rico n Forelim Territory. Opposed to Judge Lochren's decision is that of Judge Townsend. In Goetse vs. the United States, tried in the United States Circuit Court, In New York City. This case, unlike the one that came before Judge Lochren, presented the question of the position of Porto Rico to the Consti tution directly for adjudication. Goetre Imported from the island tobacco, ' upon which duty- was assessed as from a for eign country. The Importer protested, holding that Porto Rico was not a for eign country, and therefore the Imposition of duties on goods brought thence into the United States was unlawful. The court held that Porto Rico is still a for eign country In the" sense of the tariff law, so. that duties are lawfully assessed on articles Imported therefrom. Judge Townsend held also that the treaty of Paris "vests the sovereignty over the Island in the United States, "but postpones changes In the relations of its people to the body politic 'until Congress shall de termine what relations shall be best suit ed to the conditions of .the inhabitants and to the- welfare of the United States." Congress not having, acted, the atatusf Porto Rico as a foreign country, except as to other foreign countries, remains un-changed. PARK FULL OF aMPERS!"SS?a5M!?!iS5S5 ' IKCREASDTG INTEREST IX THE i GLADSTONE ASSEMBLY. Mere People to Hear Landts' Lector oa Grant The Greater Lights ot Oregon Literature. GLADSTONE PARK. Or.. July 12. This has been a very gratifying second day J at tK WIllf-nf Vlv ("Vinufnitrnin A at the "Willamette Valley Chautauqua As- sembly. and the management is Jubilant J over tne promisea success nnanciauy ana , secretary Gray s comparison 1 of the receipts for the first day of last year with the total taken in yesterday shows a decrease of only 10 per cent. Orio year ago Sam Jones drew an Immense J crowd on the first day, and the weather conditions were more favorable for camp ers. It is believed that the gate receipts today will make a still better showing ball between the Chernawas and Colum whea the account Is made up. The Park bias, of Portland. The score was 14 to i appears to be full of cumpers, and more are coming. Tomorrow the tents will be numbered and the actual count made. Tn the way of entertainment, too, the day has fully met expectations. In trie fore noon Professor J. B. Horner, of the Ore gon Agricultural College, gave a lecture on the "Greater Lights of Oergon Litera- ture," and in the afternoon Congressman Charles B. Land! lectured on "Grant." There was a hotly-contested game of baseball. In wTilch the Chemawas beat the Columbian, of Portland, and tonight Dr. Thomas McClary gave his lecture on the "Mission of Mirth." Professor J. B. Horner's lecture was historical 'and analytical. He gave a. sketch of the literary lights from early times, relating many interesting Incidents and 'analyzing and comparing their pro ductions with the work of famous liter ary people In the East. He said: "We have read editorials, and listened to sermons, lectures and orations pre pared in Oregon that would do honor t6 Boston. "We boast of a large cluster of speakers and writers, many of whom can- t not be mentioned in this paper, that would shale with a radiance of the first magni tude. "The lives of people reared In Oregon have, as a rule, been Influenced more by the things said and written by Ore gonlans than by any literature from abroad. 'There is the touch of home about it'; and it teaches us as no other literature can. It came from those we love, and It reaches out direct to the J hearts and conduct of the people: for It Is the outgrowth of what a good and great people have lived. If these things which are daily accumulating have so Influenced Oregon life In the past. It Is the'religious duty of the living to gather the words of wisdom spoken by our best workers, that they may 6e repeated in the days to come, thus giving strength and nourishment to the boys and the girls who are to be the Oregonians of 1 tho future and who ought to be a greater people than the world Has yet produced. "It Is natural. It is right, that we should speak the praises of our honored and magnificent state. Oregon has no supe rior: her star of glory ever shines with undlmmed and Increasing splendor. Her skies will never fade; her mountains will never lose their grandeur and glory; her valleys will ever be filled with the sweet est and most hallowed homes; her noble rivers will always welcome upon their bosoms the ships and navies of the world: her unbounded forests will ever be filled with the sweetest and most hal lowed homes; her noble rivers will always welcome upon their bosoms the ships and navies of the world; her unbounded for ests will ever Invite the woodman's ax and the manufacturer's mill; her wealth of water and her richness of mines, and her harbors of the sea will court tho com merce of nations; her soil and her fruit and flowers will never cease to tempt tho eye of man. Tes. of these and more can we proudly boast, but far above and beyond all these and more Inspiring ob jects, there rises In sublime and monu mental majesty the subllmer characters of theflmmortals In our glorious history the lives of the noble men and women who will forever shine In unfading luster as the years, with ceaseless march, shall near eternity's shores. "As from ypn mountain range there rises the towering temples all pure and white, dressed In the very robes of heav en, so there rises from the high mountain range of Oregon's" literary landscape the lofty and shinning pinnacles on whose srleamlnir summits are written the lmoer- Ishable names 'of Joaquin Miller. Edwin Markham. Mrs. Ella Rhodes Hlgginson, George H. "Williams. Colonel E. D. Baker and Sam L. Simpson." In the afternoon the musical programme preceding Congressman Charles B. Lan d's' lecture on "Grant" consisted of vio lin solos by Miss Lucille Collette, and soprano solot by MIsi Jean Miller, both of PprtJand. Mr. Landls was greeted with a larger audience than was present last night, many arriving from Portland dur ing the day. He bepan by paying a neat compliment to Gladstone Park, stating that he had never seen a more beautiful location for a Chautauqua assembly. The environment Itself was enough to Inspire Inspiration. The speaker spoke of Ulysses S. Grant, as the farmer, tanner, soldier and statesman. Grant and Lincoln 'alike believed In the soldier and God. One of Grant's prime qualities was his level headednesi; he was always cool and de-. liberate. Once, when a General "on his staff rushed breathless into the command er's presence, and reported that they were surroundM by the enemy and there was no apparent way out of the dilemma. General Grant cooly reolled: "We have cut our way In here, and we can cut our wnv out." And he did. Prevlouw to the batt'e at Fort Donel pn. the North was disheartened snd felt that Its cause was almost lost. General Grant, however, was equal to the occa plon. At night h gave the command that. "We must fire the first hot" It was done, and Grant won asnln. Grwnt used bis armies as a great club, and lit erally drove his way to success. The speaker contrasted Grant as a sol dier and a man. It was unconditional surrender with him as a Foldier when dealing with the enemy, but when they iana rood. This trait of Character nas been followed by our Government In the J treatment of the enemy during the late Bpanlsh war, and the traits will make our armies always success tm in war. General Grant's character bore Its im press on the details of the late trouble with Spain. As to who deserved the greatest honor, Sampson or Schley, in the .Cuban war. the lecturer said it was Captain Jack Philip, of the battle-snip Texas. He had personally Interviewed Captain Jack Philip as to the truth of the report that he had engaged In prayer with his men after the victory. Captain Jack Philip appeared embarrassed. 1 .-. i -t - In and hesitatingly. The sojdier-conimander said that he had been raised Christian by repnea j religious parents, and called attention to -th fnrt thn It cm nt Ms hat. and It - was recovered by another person, the first party would say. "Much obliged." So when we passed through the battle -without losing a man or receiving any damage to the vessel. ,lt was but natural that I should say much" obliged to God." There was an interesting game of base- ln favor of the former. Dr. Thomas McClary, delighted a large audience tonight in the Auditorium with his lecture, "Mission of Mirth." He is down for a lecture on "Ireland" tomor row afternoon and Saturday morning. Saturday afternoon there- will be a spe cial field meet on the athletic field. .Following Is the complete programme for tomorrow. 8 to 11 Schools arid classes. 11 Albany College morning. Lecture, President "W. H. Lee. 1:30 Orchestra. Solo, Mies C Barker. Solo, Miss Romona Rollins. Lecture, "Ireland," Dr. Thomas McClary, of Min neapolis. 3:30 Baseball, Oregon City vs. Colum bia. &-Round Table "Lost Night," by Ore gon City Ladles' Quartet. Lecture, "Our Birds," "W. L. Finley, Portland. Solo, Miss Imo Hording. 7:30 Orchestral concert. 8.00 Soprano solo, Miss Jennie finyder, of McMinnvllIe. Contralto solo. Miss Hurley. Chalk talk "Hlght Art "With Homely Hints," Alton Packard, of Chi cago. TO PIECE OUT A CARGO. Lumber Shipments to Cape Nome Via San Francisco. Street rumors to the effect that lumber was being shipped from Portland to Cape Nome by way of San Francisco, for the reason that this was too expensive a shipping port, have gained some currency of late. In spite of the? fact that there has been nothing on which to base them. They probably had ther origin in the fact that several weeks ago the North west Door Company, a Portland concern, shipped a number of carloads' of lumber to San Francisco, for a steamer bound for Nome. The lumber was purchased to make up a cargo of lumber, sash, doors, hay and other commodities, which a San Francisco firm had arranged to ship. They at first intended to buy the hay here, as well as the lumber, but, learn ing that hay was cheaper In San Fran cisco than In Portland, and having their steamer already at that point, they de cided to ship the lumber from here, rather than send the steamer to .Portland with half a cargo. This change of plans cost the Portland firm a large order for sash and doors, which were purchased In San Francisco, the lumber being, all that was purchased here. It was the necessity of completing a cargo as speedily as possible, and not be cause Portland Is an expensive port, that made necessary the roundabout route of the lumber. The rail rate on lumber from Portland to San Francisco Is very low, $3 10 a ton, this price having been fixed by the Southern Pacific in order to afford a mar ket for the timber growing on the lands they have for sale. For a time during the late war, when the Impressment of all available ships into the Government transport service deprived the railroad of colliers, and forced them to bring cool from Ogden Instead of Puget Bound, At Gladstone Park Strictly Platonic many cars were required to haul coal, and, having none to spare, they put up the rate to a prohibitory figure. A year ago tho old rate was restored, and the markets of San Francisco, Oakland, Yal lejo, and other California towns are now open to the mills of Portland and the "Willamette Valley. "While even so low a rate as this will not encourage Port land merchants to ship lumber to Cape "Nome by way of San Francisco, it great ly extends the market for Oregon lumber, and tends to encourage the establishment of mills and the development of the vast timber resources of the state. EXCURSION TO BONNEVILLE Take O. R. & N. special train from Union Depot. Sunday, at 9:20 A. M., for Bonneville picnic grounds. Special at traction: Adgie and her lions; vaudeville performance; specialties. Refreshments to be had on the grounds. Fare, SO cents, round trip. BASEBALL GAME AT GLADSTONE PARK. jJH7 I rjvp IN THE SEVERAL- COURTS S CUMBER'S CLAIM TO HOLBROOKES SEAT IN THE COUNCIL. Petition. for a Recesat Develops an Unexpected Phase Which Mar Stop Appeal. F. B. Holbrook, whose right to the po- 111.. S ljuilllM.MM W.W VA TlwH mrd bemS contested. by William V? innnZXvto consent Sfhmv lyJV SSTffi to a recount of the votes, or else lose his seat. The plan of his attorneys, Paxton. Beach & Simon, to appeal to the Supreme Court from the decision of Judge Fraser as to the question of Jurisdiction appears to have been knodked in the head, but 'the matter -will be further argued on Monday. The statute as to contests, provides, section 2544: "Any person wishing to con test the election of any person to any county, district, township or precinct of fice, may givo notice in writing to the person whose election he Intends, to con test that his election wilFbe contested, stating the cause of such contest briefly, within 30 daya from the time sold person shall claim to have been elected." 8ectlon 3545 provides that the Circuit Court may hear and determine the con test, and section 2$46 states that the Coun ty 'Judge shall hear and determine con tests In the case of township or precinct offices. The dry charter provides, "A certificate of election Is primary evidence of the facts therein stated, but the Council 'is the Judge of the qualifications and elec tionbf the Mayor and its own members; and in the case of a contest between two persons claiming to be elected thereto, must determine the same, subject, how ever, to the review of any 'court of com petent Jurisdiction." A contested election for any office, oth er than that of Mayor and Councilman, must be determined according to the state law regulating proceedings in con tested elections In county offices. Counsel for Holbrook demurred to the complaint, contending that under these laws Judge Frazer has not Jurisdiction to recount the ballots. It was argued by Mr. Beach that the charter does not con fer 'the authority upon the court, apd that the state law cannot be so construed except by Implication, and that, as a matter of law there can be no implica tion where a statute Is 'relied upon. 'Judge Fraser passed upon this same point two years ago, when he allowed the recount of the votes In the case of Con don vs. Meyer for the office of Council man1 His Honor adhered to his former decision, holding that the Legislature in tended in this section to include all mi nor or subsidiary offices of whatever na ture. Mr. Beach Insisted that this could not bo under a. law which, he asserted, was a special statute, conferring certain spe cific powers. The court overruled the de murrer and granted "counsel for Holbrook time to answer the complaint, but Mr. Beach said he would probably stand on the demurrer and appeal from Judge Fra ser's decision on It to tho Supreme Court. As the Supreme Court is about two years behind with its work because of press of business, Holbrook might serve out his term of office before a- decision would be reached on the appeal. Yesterday, with this in mind, Henry E. McGinn, attorney for Schnyser, Informed Mr. Beach that he had looked the matter up a little, and asked Mr. Beach if he was aware that if he allowed Judgment to be taken upon tho demurrer that the complaint which sets up that Schmeer Is entitled to and was duly elected to the office would stand as having been admit ted or determined, and that there would be nothing left for the court to do but to issue a certificate of election to Schmeer; also, that Judge Frazer has held that a certificate by the court would give the contestant the office. Mr. Mc Ginn's client would, therefore, fill the office of Councilman pending the decision of the Supreme Court on the Jurisdiction question, and Mr. Holbrook, instead of Mr. Schmeer, would be on the outside pa tiently waiting to get in again. The election law provides: "And the County Clerk shall Issue a certificate to the person declared to be duly elected by Bald court, which shall be conclusive evi dence of the right of said person to hold said office." This is what Mr. McGinn thinks must happen when Judgment on the demurrer is taken. But Mr. Beach said he did not see it, that way, and that a stay bond can be filed, which will keep Schmeer out and Holbrook in until the Supreme Court should pass upon the question of Jurisdic tion. The law states "that the Judgment or decision of the Circuit Court may be re moved to the Supreme Court In such manner as is- provided for removing causes from the Circuit Court to the Su preme Court, and the party removirfg any such Judgment or ' decision by appeal 4hall file a bond in the. proper court to the opposite party in such sum, and with such sureties as shall be prescribed by ther Judge thereof, conditioned for the. payment of all costs that may be proper ly taxed against him." Mr. Beach said he would take time to consider the question, and his partner, tMr. Paxton, had a few minutes' talk with Judge Frazer, and the present under standing appears to be that the matter Will be disposed of on Monday. Mr. McGinn states that he does not want a certificate of election In that way, as it 'is a cnlrife- the public is Interested in, and hj wants the votes recounted, so that it riay be ascertained whether the lost count was fair. The difference in the vote between the two. men is 40. Mr. McGinn, however, does not say ho will decline a certificate of election for Schmeer If It Is granted to him on the Judgment on the demurrer, or that, he will iorego any advantage that Is com ing to him. On the other hand, the attorneys for Holbrook will not surrender the office in this manner, but will Instead abandon the appeal It thiy have to and file an. answer in the complaint and consent to the re count of the ballots. Ver&Ict for Defendant Once Jtfore. Tho Jury In the case of Olsen vs. the Northern Pacific Lumber Company, In the United States Court, after being, out several hours, returned a verdict at 5 P. M. yesterday it favor of defendant. Olsen. who Is a Swede, was employed in the sawmill of defendant some four or six years ago, and met with an accident there. He brought suit fn the State Cir cuit Court to recover 120,000 damages. The Jury returned a verdict in favor of de fendant. O.lsen then brbught his suit in the United States Court, which, owing to his being a foreigner, he was enabled to do, and again the Jury returned a verdict for the defendant. Then Olsen. took an appeal to the United States Court of Appeals, and the case was remanded back to the United States Court here for a new trial. This trial has been occupy ing the time -of the Court since July 5. and the Jury has again decided In favor of the defendant As the United States Government, in Its desire to see- Justice done, pays the costs or a large part of them In cases where the plaintiff Is im pecunious, Olsen Is not out much through his protracted litigation. "Whether he can carry the case any further or not re mains to be seen, but It would seem that he should be able to gex a decision of the Supreme Court of the United States in his case, and that might settle It, even If it did not satisfy him. "Will Sue for Damages. Both charges preferred against C A. Mitchell in the Municipal Court by the management of the "Washington Life In surance Company, were dismissed yes terday. Mitchell was accused of larcpp-' by bailee and larceny by embezzlement., the-Mifflculty growing out of funds ad vanced to him when he commenced to work for tho company, and arrangements mado for traveling. But the discharge in the Municipal Court apparently Is not to settle the matter. Henry St. Rayner, attorney for Mitchell, stated yesterday that a civil action 'for $10,000 damages would be begun immediately. Papers for this were being prepared yesterday, and the attorney said the action would be commenced as soon as necessary ar rangements could be completed. Divorce Cases. Grace Lawson was granted a divorce from Charles Lawson yesterday by Judge Sears. The plaintiff testified that her hus hand deserted her three days before their yu'u niu uviu uuu iiuiai IU BUIJULI. HIT nhlle they lived together. They were married in Portland in 1S9S.. Gertrude Hollister has sued Frank Hol lister for a divorce, charging In her com plaint "that he deserted, her on June 2L 1639, five days aftor their marriage, at "Vancouver, "Wash. She asks permission to resume her maiden name Howard. Probate Court. Caroline Rosenthal was appointed ad ministratrix of the estate ot her husband, "Wolf Rosenthal, deceased, valued at about $3500. The heirs, at law are the widow and eight children. J. G. McElroy, administrator of the .es tate of Henry' J. Thompson, deceased, was authorized to pay J. B. Coffey, guard ian of the five minor children, $530 for their support, etc. GOOD ROADS CONVENTION. "Why Not Hold It in Connection "With Street Fnirt L. L. Hawkins, Dr. A. E. Rockey and H. H. Northup, the committee appointed by the Chamber of Commerce to answer the communication from Dr. W. H. Moore, of St. Louis, suggesting that a good roads convention be held in Port land this Fall, have sent the following reply: "Portland. Or., July 12.-air. "W. H. Moore, St. Louis, Mo. Dear Sir: Your letter of June 25 to the Chamber of Com merce of Portland has been referred to the undersigned committee. The ques tion of good roads has received much at tention In our city through special work done at local fairs and through tho work of the Rood Club, with whom we think you have had communication In the past. Every one realizes the Importance of good roads, but the bare discussion of these questions Is such a dry subject that unless attached to some other attraction it Is liable, according' to our past ex perience, to draw only a small crowd. - "From September 4 to 15 a street car nival Is to be held here, which this letter head explains. A number of blocks along the principal streets of the city have been set apart by the city for this purpose, and present indications are that It will be a very great success. This will at tract to our city a large number of visit ors from this and other cities, and wo have secured the consent of the commit tee to have a "good roads" day, pro vided we will offer sufficient attractions to make It interesting. This, we im agine, might be along such lines as you suggest In your letter automobile races, street exhibits of wagons, carriages and wheeled vehicles, etc What we now desire is further Information pertaining to subjects of this kindv So far as speak ers are concerned, we can supply excel lent talent here, without going to the expense of bringing here the eminent gentlemen whom you mention. Any fur ther information that you may have bear ing upon this question you may kindly communicate to the chairman of this committee. "This Information should also include any estimate of expenses outside of local advertising, which we will take care of, and what part you and your associates will take in the management of such a convention. Yours very truly. "L. L. HAWKINS. "A- E. ROCKET. "H; H. NORTHUP." NO REGISTER ON EARTH. Elder in the "Church o$ God" Un able to Tell the Membership, A clerical-looking man was at the bag gage-room of the Grand Central Station j yesterday afternoon, arranging to have his tent and bicycle forwarded as bag gage to his homo In San Diego, Cal- He had been holding revival meetings in Whitman County, Washington, where he found bicycle and tent .ery serviceable In drawing a crowd together, and housing the congregation from the weather while he proceeded to exhort- them to . desert their sinful ways and identify them selves with his denomination, which he styled the Church of God. Elder J. W. Byers, for that was his name, said the Church of God has no organization: in fact, is opposed to all organization, as wickedness always creeps into every human function. The preacher who sorres organized congregations for a salary, he said, does not tell his members of their faults, as to do so would "be to forfeit his bread and butter. "I am trav eling through the world, as the disciples did, and demand no salary, therefore I can point out the misdeeds of my flock without fear of losing support. I never ask any one for a cent, and yet niy wife and three children in San Diego are well cared for. The Lord provides for their keeping", and I am not uneasy." "What Is the. membership of your church?" "We never know; ' our crass book is In 'heaven; it is one of God's secrets." The headquarters of the Church of God, he said, are at Moundsvllle, W. va. The denomination has been in ex-. istence 25 years, and there are several members In Portland, who hold meetings at 420 East Grant street. Elder Byers left for California last eveiung. A highly prized cigar the Herbert I Spencer. MANY STAR ATTRACTIONS WHAT JOHN P. CORDRAY SECURED! FOR THE FAIR. Result of His Trip to the East In th Interest of the Portland Carnival. John F. Cordray, who went to St. FauLl Chicago and other Eastern cities to se-l cure attractions for the Portland Street! Fair and Carnival, returned yesterday -afternoon, and met with the executive com mittee last night, arousing their enthus iasm to the highest pitch by his report of the success of the fairs he visited. Mr. Cordray secured for the Portland carni val the very best of the amusement fea tures that added so much to the success of the festivities In he Eastern cities. Nothing was overlcotced. Everything he saw that was new or entertaining, novel original or calculated to please the thousands of visitors who will come to Portland in September, he booked for Portland. And he did not stop there. His knowledge of the theatrical business en abled him to find many adltlonal attrac tions showing In roof gardens and other places of amusement, and he selected irom tnese what in his Juagment will take with the patrons of the Portland fair. as a result, the success of the "Midway1 ena or me Portland fair is assured. It will be brim full of entertainment of a character never seen m Portland before, and. on a scale not to be rivaled by any larr in tne country. Aiinougn trie ralrs or St. Paul and Chicago were brilliant successes, Mr, Cordray Is confident that the one to be given in Portland wjll surpass both ot them. In St. Paul the hotels were over flowing with people, many of whom came hundreds of miles, from Canada. Towa. Illinois, Wisconsin the Dakotas and all the country round. Merchants were rush ed to death with business, the retail stores being crowded all the time, and wholesalers finding a fine onnortunitv ta show their goods, tastefully arranged in tne booths of the fair, to the many coun try merchants who came to the city. Tha street cars were crowded night and day, being literally loaded with people, and the railroads leading into the city ran dozens of excursion trains a week to bring In the people who were thronglnfl St. Paul. The same state of affairs prevailed 1a Chicago, and everywhere people said that the streets fairs were the greatest en tertainers that ever happened. The committeo learned that the mer chants' auxiliary Is meeting with unex pected success In the securmf? of exhibits. One single firm wants GO feet of sp'ace. ana intends to spend a largo sum of money In erecting booths to display its wares, others are coming In by the score. and if they keep on at this rata it will be necessary to enlarge the district tha committee expected to cover with bulld- 'H3 m orucr 10 accommodate every-1 one. on motion, Mr. Cordray was mado chairman of a committee to select the queen of the carnival. He will choose his own assistants. The queen will be voted ror, and the friends and admirers of all the beautiful and lovely youn-c women of Portland will have an opportunity ic secure for one of them the honor of reign ing oyer the festivities of the great car- nival. LESS THAN A CENT A YARD iiov-r Cost at Which the Portland! Dredse Is Working-. A brief session of the Board of Commis sioners of the Port of Portland was held yesterday, Vice-President Williams ore i siaing, -ana Jiessrs jBuandcrs, "McSachern tiugnes ana tun present. The question of the advisability of plac ing some nre insurance on tho dredga Portland was discussed. Hughes favored setting aside the money which would have to be paid for premiums as- a fund for meeting losses. Williams said every steamboat on the river carried some flra insurance. it was nnauy ordered, or motion of Flanders, that the executive committee take Insurance against loss by nre not to exceed $10,000. provided tha premium Was not over VA per cent. The matter of amending the by-laws was again laid over. The usual monthly"! and quarterly reports were presented. read and approved. The report of the'j treasurer was referred to the auditing I committee. The monthly roport was particularly In teresting, as It shows that the cost of.1 dredging has been reduced to Jess thanJJ 1 cent per cubic yard. During the .month of June the dredga i was laid up for repairs until the lotn. She commenced working on the 11th. By Juno CO she had excavated 222,3)2 cub'91 yards, in 363 actual working hours, out ot a possible 426 working hours. The ex penditures connected with the dredge foe tho month amounted to $3037, or an aver age of 1 365 cents per cubic yard. If tha expenses for extraordinary repairs, tho proportionate share of the pay-roll and subsistence account be deducted, a fair estimate of the actual cost of this work would be $2063 23, or about .93 of 1 cent per cubic yard. The amount excavated Is based on the soundings furnished by the United States Engineer's survey ot December. 1699, and the depth of water in the channel cut. To obtain 25 feet it has been necesrary to cut fully to 2a feet, and consequently the dredge has actually done considerably more worls than the report shows. DAILY CITY STATISTICS. Renl Estate Transfers. G. W. Kenny and wife to Gresham Cheese Manufacturing Company, tract ot land on Johnson Creek, tuntlnrt 10. tovrnshln 1 south, ranse 3 east. February 11. 1S29 $ ISO George A. Brown and wifa to Annie TCniRnn. lots G. 8. block 16. Multno mah. May 24 , LOW J. O. Moreland ana wire to Liizzie T T.irtlft hlnoTf 3 Mount Tabor Central Park, July 9 8.250 Bulldlns Permit. A. N. King, three-story brick store, cor ner Firtn ana BtarK, -co.uw Marrlnffe Licenses. August Koppe. aged 58, Pauline Hart ung. aced 54: A. A. Kuhn. -10; Chehalls County, Wash.. Ida S. Howes, 31; Benja min Robert Patterson, Wasco County, Adeline Ar Bean, 25. Deaths. July 10. John Kenny, age. 64" years, St Vincent's hospital: chronic nephritis. July 11, Ah Louie Hoo, age 6 years. 195 Second street: plumonary tuberculosis. July 10. Wiirfield B. Chase, age S2 yeara, Salem, Oregon: apoplexy. ' July 11, Mary P. Madden, age 65 years, 171 East Fourteenth street; valvular di sease of heart. Contnrclous Diseases. Louis Rosenberg, age 7 years, 392 Wate street: scarlet fever. , Earl Charter, age 4 years, 607 Mllwau kie streets: typhoid fever. THROUGH THE ROCKIES. Every European tourist who visits this country and travels over the Rio Grands western Railway wonders why Ameri cans will go to Europe for scenery, be cause .there Is nothing on the European continent to compare with the mountain scenery of Colorado. The Rio Grande Western, with its direct connections. Is the .only line which gives the transconti nental passenger a trip through the heart of the Rockies Going further East, tha passenger has the choice of four roads beyond Colorado via either Omaha or Kansas City. Stop-overs are permitted anywhere 'between Ogden and Denver, affording a day In Salt Lake City. Glen wood Springs, Colorado Springs or Den ver. For rates and Illustrative pamphlets, ndrirui J.. T fnncflAli" nrsl uronf 55S "W.atfhlnston street, Portland. Or.