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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Aug. 16, 1900)
THE MOKNTNG OEEGONIAIT, THUESDAT, AUGUST 16, 1900. EDUCATION OF INDIANS HOW CA3T THEY BE BROUGHT TJF TO EQUAL CITTZEKSHIPr Wrtfninsr Schools JTot Reformatories Resolution Favoring; an Indian Reform School "Was Adopted. CHEMAWA. Or., Aug. 15. The second day's session of the Pacific Coast In dian Institute opened this morning1 -with Increased interest and attendance. Every train brings In delegates bo that Ore son, California, Washington and Alaska are already -well reDresented. The follow ing officers -were elected to serve during the ensuing: year: President Major Thomas Jay Buford. Slletz, Or. "Vice-Presidents For Oregon, Superin tendent Thomas W. Potter, Chemawa; for "Washington, Superintendent Frank Terry, Taeoma; for California, J. Thomas Hall, La. Joola; for Alaska, Rev. J. F. Jones, Juneau; for Montana. Superintendent Campbell, Fort Shaw; for Idaho, Super intendent Hosea Locke, Fort HalL Secretary Assistant Superintendent "W. P. Campbell, Chemawa. Chaplain Rev. E. H. Bryant, Slletz. Committee on resolutions "W. P. Camp bell, Miss Alice Reason, Chemawa; Miss Eva Wentworth- "Warm Springs; Frank Sterry, Taeoma; Miss May Galther, Uma tilla. The day was spent In lecture work and discussion, the tendency being' to draw the two systems of education, that of the White boy and that of the Indian, closer together; and it has repeatedly been sug gested by many of the oldest Indian teachers that one of the wisest courses to pursue at the present time Is to en courage the outing system, which pro Tides that Indian boys and girls should be placed with cultured white families, in order that ther learn the ways of the white people. President Frank Strong, of the University of Oregon, especially rec ommends the outing system and suggests that It is absolutey necessary for the Indian boys and girls to precede high Intellectual develooment with a drill In industrla education. Ho said that the Indians had once been a great people who had repeatedly neglected opportuni ty 01 culture and self-government until they came to a point where they would have to work back again, requiring pos sibly may decades, to their original strength of body and power of mind. Ho also said in part: "The Interest in education Is greater than ever before. It is so because it Is becoming more and more evident that education in its broadest and truest sense is tbe most important matter with which we have to deal. This is true for at least two reasons. First, education has to do with the preservation of all that the past has given us of culture, of mind evo lution, of all those many factors that go to make up general human efllclency. Second, education Increases and extends human culture and human efllclency. Education, therefore, has to do not only with the mere school training of children, but It determines tho quality of civiliza tion which we possess, the production of wealth of which we are capable, and the total product of our National activity in every direction. "When education as a whole becomes properly adjusted to the nature of the child and to the accumulated experiences of the race, it will have become indeed scientific. Too often in the past it has ooth ignored the nature and the process or me development of the child and the meaning of the teachings of history: It set the individual off as a unit, uncon nected with the accumulated experiences of the race. Evolution has set a new value both upon the Individual and the race. The race Is what it Is now on ac count of what it has been. Man is bound to the race by uncounted ties that no force can break. The crowded millions of the earth's past have not lived in vain. Upon the accumulated product of their experiences we are o erect the civiliza tion of the twentieth century. It is the idea of evolution that the child Is Irre vocably bound to the race that Is revolu tionizing our idea of education, that Is forcing the world to add to the efficiency of the race. For If men or nations fall in their duty, it but rolls a heavier bur den upon those behind them that walk with bleeding: feet the wilderness of earth." Indian Reform Schools. Assistant Superintendent W. Campbell, of Chemawa, said In favor of the estab lishment of reform schools In the Indian service: 'The establishment of a reform school would be a benefit to the Indian service, but there are somo obstructions which must be removed before such a school can be established with success. We must first havo compulsory education. "Those who have an Idea that all In dian schools are reform schools should visit Chemawa, Purallup. Umatilla, Slletz, or any school on the Coast and they will find that they were mistaken. The In dians are not criminals. For the year ending June 30, 1S99, only .244 out of 267,9(6 Indians of the United States, or less than one-eleventh of one per cent were tried Jn the civil courts: br other methods than civil courts, we find less than one-fourth of one per cent. In this connection It might be instructive to state that about the same number of white men were prosecuted for selling liquor to the In dians during that year. There Is one fea ture of the Indian school service that we might Say "has" been inherited from the Indian's nomadic habit, his desire for perpetual change, from -which we reap our runaway pupils. Looking at it rrom a pecuniary standpoint, it would be a great economy to establish a reform school. Discipline demands that runa ways be returned. The establishment of ouch a school, would lessen the number of attempts. Experience all over the eervico has proven this." At tho close of a heated discussion, the following' resolution was unanimously carried; -Resolved. That it is the sense of this meeting that a Reform School for the Indian Service is a necessity, and we re spectfully request the honorable Commis sioner of Indian Affairs to take such steps as may be deemed necessary to establish cuch an Institution, at a central point In the United States." Superintendents Frank Terry, Thomas W. Potter and Miss M. V. Galther were appointed a committee to transmit this resolution to the Indian Commissioner. It Is understood further that the commit tee will receive the hearty support of teachers and officers throughout the United States In bringing this matter to the attention of the Commissioner. Miss Lottie Lane, of Puyallup. favored the Institute with a meritorious piano solo, and Miss Nellie E. Thomas, of Oak land. Or., read a paper on the duty of the state to the Indian child, in which she emphasized the fact that the obliga tions of the state to children is the same, regardless of color. Frequently bits of vocal and instrumental music were given by the students of the Chemawa school, displaying marked musical talent and training. The afternoon session was opened with an address on "The White Man vs. the Indian." by John B. Horner, professor of rhetoric and English literature in the Ore son -Agricultural Collesw- Iroressor Hor ner said, in part: "The people who established this Na tion were of three classes, and were rep resented by the red, white and blue which we have come to honor with patriotic fer vor. There was the red man. the white man and the blue Yankee the red. white and blue of a new Nation, and Is sym bolized wherever she plants her banners. The red man was here when the white man came. He was the host and contend ed for his rights and his honor until the white man took possession of the entire estate. "The Pacific Coast Indian was the su perior of the nil'n'H" TnH n H ft the product of a temperate climate, not of extreme heat nor cold. He was a hunter and true warrior, but not a canni bal; and for cunning was excelled by no man. He, was provident; he laid by sup plies, dried herbs and cured salmon, buf falo and other meats for Winter. He had his herds of horses, and his wants were amply supplied, so that the average lon gevity of the Indian was equal to that of the white man. "Sometimes a white man married an Indian maiden who was possibly a prin cess In blobd as well as In character. There was happiness In the new homes; the better husbands and fathers never forsook their families as the tide of immi gration increased. They educated their children, many of whom married whites. It was a repetition of the Norman con quest, when the invaders and the natives Intermarried until the twd peoples came to be assimilated Into a new race; and men and books that had spoken of the white man versus Indian, now began to understand the mutual relation of the two, and spoke of the white man and the American Indian. In the course of dec ades, when the systems of instruction will be the same and old battle-fields will be forgotten, such expressions as 'the Indian and the white man' will be dropped and they will say 'the American.' " The evening session, which took place In the Auditorium, was opened with an address by Superintendent Frank Terrj't of Taeoma, on the question, "Should Precedence Be Given, Industrial Work In Our Schools?" He said, in part: "I find the facts on the negative side of that question Just as they are on the neg ative of any proposition tending to pro duce one-sided -men. Given a man with quickened conscience, but without brain and muscle development, and we have a religious crank; given one with an aca demic training, but without skilled hands and we have what is called 'an educated fool'; and given one with skilled hands, but without brain and heart development, and we have a 'toiling hind,' but not a man. "It Is admitted that the Indians need to learn that the divine decree, 'By the sweat of thy face shalt thou eat bread,' was not issued to the white man only; but It is not admitted that they are more In need of this than of the development of thought and correct reasoning which the schoolrooms give. Nothfng can ba of more Importance to them than a knowl edge of the language of our country. They also need to understand our methods of making ordinary calculations, our princi ples of self-government, etc. "These -several departments, therefore, must work together, each supplementing the efforts of the others, In drawing out the perfect man, the quickened con science, the Intelligent brain, the skillful hand.'-' Governor Geer'n Address. After a feast of good music. Governor Geer addressed the Institute, saying among other things: "The Chemawa Indian Training School, although a Federal Institution, is one whose success appeals to every Orego nian, since It Is In one sense a part of the state's educational system. Most of its pupils are native sons and daughters of the state, and, Ignoring, If ave may, the right of ownership by conquest or pur chase, and Insisting that tho doctrine of governing by the consent or the governea lr" the only Just one, we may well stand back and ask ourselves what we are do ing here, anyway. "One hundred years ago there was not a white man living in all the vast domain now Included In the great state we all love so well, but before that, for count less ages, so far as we know, these beau tiful valleys and picturesque foothills and towering mountains were the happy, cer tainly the unmolested, homes of tho vari ous tribes constituting the 'red men of the forest.' Perhaps nothing will ever be definitely known of the origin of these earliest occupants of this country; cer tain it is that at this time, after the most profound and searching Inquiry Into all available history and data, nothing whatever is known beyond the unsatisfac tory results of speculation and the con fusing stories of "dreamy tradition. "The Indians differ from almost. If. not quite, all other races of men, In that they keep no record of any kind of dates or events outside of what is handed down from generation to generation In the form of story and romance, and the uttter un reliability of this sort of Information is not confined to their own race. People whose faces are of a paler hue are, as we know from experience and observa tion, often painfully Incapable of Impart ing Information by this method that Is In guaranteed accord with the facts. Of course, a lack of habit in this direction begets a lack of care or Interest, and the result Is a continuous and firmly estab lished indifference to anything but the events of today. Beyond what we have actually seen of the Indians we know practically nothing about them. "There are perhaps few who. In their reflective moments, do not entertain a de gree of sympathy and even admiration for tho gallant struggle made by the Indians of this Northwest coast against any In terference with their undisputed right to its possession. Their title to 1 rested on the solid ground of ownership and actual occupancy, and no one has a right to doubt the statement that it goes back, un contested, even beyond the time when the Oregon first began to hearken to the sounds of its own dashlngs. Their techni cal and legal right to It was as good a3 ours is today, even better, for they owned It first, but because the plans of a higher Power, as outlined by the history of man kind, demanded it. or seemed to, we be gan to govern them without their consent. Just as though no Declaration of inde pendence had ever been made, and have been doing so ever since, although, In many instances, as they submit to certain prescribed conditions, they are admitted to citizenship and are allowed to partici pate In their own government "It Is under the evolution of events, and in obedience to the dictates of Justice and humanity, that we have reached that point where we provide not only for the protection of the Indian boys and girls, but for their education at public expense. The General Government has very kindly and thoughtfully and Justly made the same provision for their education along certain lines that It has for Its white children, and, as an outgrowth of the beneficent system, we have In our midst the beautiful village of Chemawa." IS NOW UP TO CONGRESS NEOESSmr FOR IMPROVEMENT- OF COLUMBIA BITER. Freah-Water DrydocU and Naval Station on the Pacific of Great Importance. WASHINGTON, Aug. 10.-Jdore than ever before is it now necessary to make an Improvement at the mouth of the Co lumbia River. That Improvement has al ways been necessary, but when It is pointed out in the report of the Naval Board that it is desirable to have a dry dock on the Columbia, that makes the necessity for the great improvement ac cording to the latest plans of the engi neers greater than ever, and It now de volves upon Congress to provide for such an Improvement in the next river and harbor bill. The United States lias" fleets upon the oceans. It has naval vessels, It has Army transports, besides the grow ing Pacific commerce carried In vessels owned by private corporations and in dividuals. These vessels must be cared schooner Ralph J. Long, from Frankfort. Hoqulam. Wash.-Arrived Aug; 33. Schooner ,W. F. Witzerman, from Hono lulu for- Aberdeen; schooner Serena Thayer, from Honolulu for Aberdeen. Liverpool Sailed Aug: 14 Lake On tario, for Montreal. Queeristown, Aug. 15. Arrived Waes land, from Philadelphia for Liverpool. Southampton, Aug-. 15. Arrived New York, from New York. Boulogne, Aug. 15. Arrived Maasdam, from New York for Rotterdam. Hamburg, Aug. 35. Arrived Deutsch land. from New York, via Plymouth and Cherbourg. New York, Aug. 15. Arrived Hesperla, from Genoa, etc Sailed St. Paul, for Southampton; Teutonic, for Liverpool; Aragonia, for Antwerp. Liverpool. Aug. 15. Arrived Livohian, from 'Montreal: Cuflc, from New York; Oceanic, from New York. Plymouth, Aug. 15. Arrived Patricia, from New York for Hamburg; via Cher bourg. Seattle, Aug. 15. Arrived Steamer Cen tennial, from Nome. Port Townsend, Aug-. 15. Passed Ger man ship Arethusa, from Altona for Se attle. Honolulu Arrived Aug. 4 British steamer Mlowera, from victoria MUST DEPOSIT THE FEE THE ?10 FOB. DISTRICT ATTORNEY TS DIVORCE CASES. Supreme Court Renders Decision In r the Multnomah Countr Case- Opinions In Other Cases. SALEM, Or., Aug. 15. The Supreme Court rendered a decision today In tho case of Eflle Fitzgerald, appellant, vs. Dan J. Moore, Clerk of the Circuit Court for Multnomah County, respondent, in which It Is held that the Clerk properly Insisted upon the deposit of a $10 District Attorney fee In divorce cases. This was. a mandamus proceeding' com menced in Multnomah County, February 3, 1900, to compel the Cleric of the Circuit Court for Multnomah County to file a complaint In a divorce cade without the deposit of $10 as a District Attorney fee. Seattle Sailed Au& 14 Steamer San Pe- The case was heard by Judge A. L. Fra- dro. for Nome; steamer Charles Nelson, zer. upon a demurrer to the alternative for Nome; barkentlne J. L. Evlston, for writ. The demurrer wa3 sustained and HAYING IN KLAMATH VALLEY, OREGON mmiijifiiMiiftiiiriiirTrrnTT-ii-rfr-iN 'i '- "" - '-t" " Mi"J'"iliiii iiiimi"1TI';ffl" """-'T-ff KLAMATH FALLS, Or., Aug. 12. On the ranch of Samuel T. Summers, Sheriff of Klamath County, the harvesting of alfalfa hay has Just been completed. The amount of hay cut is between 1505 and 2000 tons. The big barns have been filled and the surplus -'was stacked, a gang of some 20 men having been employed in this work. Mr. Summers father set tled in the great Klamath "Valley In 1SS5. when it was all sagebrush. There are now S00 acres fenced and in cultivation on ths place. Two crops of alfalfa are harvested per year, averaging about 2 tons per acre each time. Klamath Is becom ing, a great feeding country, as many cattle are driven In there from California to be stall fed during the Winter on alfalfa. The Summers ranch adjoins the Jay Beach place, where the noted racing stallion was reared. for In the Government docks, and it is necessary to have a repair station where they can be taken care of In casei of ac cident. The interests In the far East have developed. Instead of being' less, .there will be more ships, and there will be more naval vessels on the Pacific Coast than there are today. The necessities are greater. We shall, always have armies in tho Philippines, and they must have sup plies, and transports must carry soldiers to and from those distant shores. When this matter is made plain to the men who have charge of preparing the next river and harbor bill, there ought to be no dif ficulty in making the Columbia River Improvement one of such profound im portance, by reason of'the proposed build ing of a Government drydock and naval station, that they will make proper pro vision for the Improvement of the mouth of tha Columbia. Tills naval station and dock are 'absolute necessities in order to keep pace with the progress and devel opment of 'the Pacific Coast. ST. MARY'S BLOCKADE. Loos of Time to Boat-Owners Front 8100.000 to 8200,000. SAULT STE. MARIE, Mich., Aug. 15. Wrecklng outfits with extra crews worked today to clear the passage of St. Mary's River, -which was blockaded last night by the sinking of the big ore schooner Malda. It will probably be four days at the In side before the channel is -free from the obstruction. About 250 boats laden with ore, merchandise, grain and coal are af fected by the blockade, and the actual loss of timo will mean from $100,000 to $200,000 to the boat-owners alone. Taeoma; steamer Charles D. Lane, for Nome. Port Townsend, Aug. 15. Passed Steamer Centennial, .from Nome. Arrived Schooner Salvador, from St. Michael. Chemainus Sailed Aug. 14 Ship James Drummond, for Port-Townsend. Yokohama Sailed Aug. 12 British steamer Goodwin, for Taeoma. Arrived Aug. 14 British steamer Braemar, from Oregon. Hong ICong Arrived Aug. 14 Steamer Olympia. from Taeoma. San Francisco, Aug. 15. Sailed Schoon er Coqpille, for Coqullle River. Arrived Steamer Egbert, from Seattle; steamer Walla Walla, from, Victoria. New York, Aug. 15. Arrived Koenigen Louise, from Bremen. Southampton, Aug. 15. Sailed Frederich der Grosse, from Bremen for New York. Rotterdam. Aug. 15. Arrived Maasdam, from New York, via Boulogne. Boston, Aug. 15. Sailed New England, for Liverpool. Memorandum. Per schooner Volante: August 12, 10 miles west of Fort Bragg, saw the ship John Ena. from San Francisco, August 11, for Port Blakeley. Jn tow of the iz Tatoosh; also a number of plies, which are a menace to navigation. August 13, 10 miles northwest of Point ies, saw the schooner Volunteer, from San Fran cisco. August 13, for Coos Bay, in tow of tho tug Columbia. NITHSDALE CLEARS. Takes Cnrpro of Wheat Valned nt 950450 to Enrope. The British bark Nithsdale cleared yes terday for Europe with 101,1SG.5S bush els of wheat, valued at $59,450. Her cargo comprises 33.S59.2S bushels of Oregon wheat and G7.."S7.ro bushels of Walla Walla wheat. The British bark Bowman B. Law finished loading flour yesterday. STORM AT CAPE XOMB. Several Ships and Lives Lost S06o Stranded Goldhnntera. SEATTLE, Aug. 15. The steamship Cen tennial arrived this afternoon from Nome with over 509 passengers, bringing news of the wreck of several vessels on the Nome beach on August 2 and 3, during which time "a severe storm raged. The steamer W. K. Merwin is a total wreck. She drove ashore on the afternoon of August 2. So far as known, there were no lives lost, the crew and passengers escaping to the shore-in small boats. During the storm the tug Effort drifted broadside on the beach and" got bilged. The schooner Teaser also drifted on the beach, and lay on her beam ends. Many scows and small craft parted from their moorings and went ashore. The gale Is reported by returning pas sengers to have been very severe. Sev eral drownings occurred. General Randall has received authority to send back the indigent sick and des titute at the expense of the Government, i He had received over 3000 applications for nassnire. and thpre were still several thousand who were brokeand who would eventually be compelled to ask the Gov ernment to assist them home. To Rnlae the Enpfene. The Willamette & Columbia River Tow ing Company will begin tomorrow on the work ' of saving the steamer Eugene, which Is fast on Risley's Rocks, near Oregon City. The hull of the boat is pierced in two feet by a larke rock. At flrst It was supposed that the rock would have to be blasted, but it was found that by chipping it off there would be much less danger of causing extra dam age. The water Is falling fast, and the boat Is nearly out of water. A diver will be sent down and bulkheads will be put in,- then the boat will be raised a foot or two and pumped out After that It will be an easy matter to skid her off Into the water. It Is thought that the work will be finished by the end of this week. Two Grain Vessels Arrive. The Harvest Queen arrived from Astoria at 8:30 yesterday morning, towing the British bark Australia and the British ship Genista. The Australia took berth at Weidler's dock and the Genista at Oceanic dock. The Harvest Queen's next tow will be the British ships Orealla and Rlversdale. Carried Lumber and Lath. ASTORIA. Aug. 16. The schooner Pio neer, which crossed out yesterdav for Sah Francisco, carried a cargo of 465.912 feet of lumber and 44,058 feet of laths. She was loaded at .the Knappton mills. Alxnota on Snake River. The Spokane, of the Lewlston-Riparia route, has been laid off for repairs, and the Almota has taken her place as a freight boat. SKAG WAY AND HER TRADE. Will Adopt Moderate Resolutions A Recent Earthquake. SEATTLE, Wash.. Aug. 1C The City of Topcka arrived from the north this morning. She left Skagway, August 10. Lord and Lady Mlnto have arrived at Skagway. The earthquake which recently shook Skagway was felt distinctly at several places along the whole length of the Yu kon. As a result of the assurances of help given by General Spauldlng, Senator Ma son and other prominent officials, the Skagway Chamber of Commerce will adopt a memorial with reference to the Alaskan and Canadian ct'stoms regula tions now being prepared by its commit tee on trade and commerce to the Treas ury Department. The object of this me morial will be to induce Canadians to permit Skagway merchants to retain Ca nadian goods in bond at Skagway, with the privilege of shipping them across the border as sold and in quantities to suit the purchaser, and to have regulations adopted so that Skagway merchants can do business in Dawson, and that sroods may be shipped from Skagway to their destination without the necessity of send ing an. agent to Bennett. CABLE TARE, FOR AN OUTING Cable Park. Portland Heights. 800 feet1 above tbe city, at terminus of Portland Railway, open to the public 'Fine view of the snow-clad peaks, city and coun try, pleasant shade, good refreshment stand, comfortable seats and swings, with monkeys and young bears to amuse tho children. Open cars leave the en- , , ,. -,.n ..-,, 0Tj-rialf minutes. Marine Xotes. Joseph Supple has the contract for put ting In the horse stalls In the transport Thrya, which has been scheduled to sail from Portland to the Orient. . The new steamer Sierra, of the Oceanic line, will not arrive at San Francisco from Philadelphia as early s expected, owing to some changes ordered ic the interior of the vessel, so the Mariposa will make an extra, trip hence to" Aus tralia. The Sonoma, the second steamer ordered for the same line, was recently launched at Philadelphia. Domestic and Forelgrn Ports. ASTORIA, Aug. 15. Condition of the bar at 4 P. M smooth; wind, south; weather, foggy. Left jjp at 9 A. M. British ship Orealla. San Francisco, Aug. 15. Arrived TALIC OF LYNCHING. Trentment Suqrffe.ited for Flreuuss nt Cape Nome. SEATTLE, Aug. 15. The criminal ele ment is .again in the saddle at Nome, ac cording to passengers who arrived from the north by the Centennial today. For a week or more prior to that vessel's de parture thugs, thieves and firebugs had kept the city in a state of suppressed excitement, and talk of lynching was to be heard on every street corner. The crimes were apparently the work of an organized gang, which carried on Its op erations systematically, regardless of the military. Tho greatest indignation has been aroused by the discovery and frustration of at least three separate and distinct attempts to burn the city, and a rumor was In circulation on the streets that a gang of firebugs had planned to start fires in various parts of the city simul taneously and loot the banks, shops and stores during the progress of a general conflagration. The local columns of the newspapers were full of accounts of the doings of hlhTt-ay robbers, burglars, pickpockets and incendiaries. Man and Money Missing. VICTORIA, B. a, Aug. 15. Ell Frank, formerly a merchant of Victoria, Is miss ing with $S00, which he collected In Daw son for Lenz & Leiser, of this city. He failed to come to Victoria on his return from Dawson. The police traced him to Portland and lost the trail there. Steamer Ncwburg, from Gray's Harbor; I Maggie Blackwell, resigned. New Postmaster at Hamilton. WASHINGTON. Aug. 15. Amanda Creighton has been appointed Postmaster ceeding to deposit with the County Clerk at Hamilton. Grant County. Or., vice 1 ?io as a district Attorney tee. the writ dismissed; hence the appeal by the plaintiff. In sustaining the decision by Judge Frazier, Chief Justice Bean says in part: "The statute provides that the state shall be deemed a, party defendant In any suit for the dissolution of the marriage contract, or to have the same declared void (section 977); that the "District At torney shall be allowed a fee of $10 for actually defending the same on behalf of the state (section 1073), and the plaint "iff is required by the act of 187S to de posit such fee with the Clerk of the Court before the complaint Is filed (sec tion 1074). The petitioner claims, how ever, that the provision of the statute requiring plaintiff to make such deposit has been repealed by subsequent legisla tion. In 1S95 the Legislature passed an act amendatory of an act to 'change In part the compensation and mode of pay ment thereof to the Countv Clerks Re corders of Conveyances, Clerks of the Circuit Courts and County Clerks In the state, and of the Sheriffs of the several counties; to repeal certain provisions of the statute providing for the payment of certain fees to said officers, and of trial fees in certain cases: to provide for the payment by parties to appeals, actions, suits and proceedings of certain sums to assist the state and several counties in defraying expenses consequent upon the administration of justice,' . . . etc. (Session Ixws 18S5. page 77.) "By section 8 it is made the duty of the Clerics of the Circuit and County Courts to exact in advance from parties litigant in any suit, action or proceeding for the enforcement of private rights certain fees, and at the time such suit, action or proceeding comes on for trial or hear ing, a certain sum as a trial fee; and section 9 provides that such sums are to be in lieu of all the fees such parties have heretofore been required to pay to Clerks, Sheriffs and other officials In such matters, and the trial fee provided for in "tho preceding section of this act shall be in lieu of the trial fee such par ties were, prior to the adoption of this act, required by law to pay, and no such fees or trial fee last referred to, or any other fee, shall hereafter be exacted from the parties to any suit, action or proceeding. "In 1SS9 the Legislature passed another act (Session laws, 1S99, page 140) provid ing for the payment of certain fees. . . . which are to be In lieu of all the fees such parties have heretofore been re quired to pay to Clerks, etc. . . . "The contention of the petitioner is that under section 9 of the act of 1S95, and section 4 of the act of 1S99, no fees can be required or exacted of parties litigant except such as may be provided for therein. This argument Is based J upon the provision that the several sums required to be paid shall be In lieu of all the fees the parties have hereto fore been required to pay Sheriffs, Clerks, etc., and all other officials, In such matters, and no other fees than those hereinbefore recited shall hereaf ter be exacted, and the court Is asked to construe this language to Include the District Attorney and his fees. It will be observed that such officer Is not men tioned In the title or body of either of the acts In question. The compensation or fees of District Attorneys was not the matter under consideration .by the Legislature at the time of their passage. This Is apparent from their titles, which render very Important aid In their con struction. At the time of the passage of the act of 1S95, the District Attorney was paid chiefly by fees", and to deprive him of his emoluments without mention ing his, office, either In the title or body . of the act, would not only probably be uuuuuauiuuuum, uiiuer seuuuu t, article 4 of the constitution, . . . but would be against the generally accepted canons of construction. "The fee required by section 1074 to be paid to the Clerk by the plaintiff In a divorce suit Is a , mere deposit foi the District Attorney, and not for his own use or that of the county. Under the law as It stood prior to 1S3S, placing the District Attorney upon a salary, he was entitled to such fee a3 compensation for his services. Since that act the fee still remains, and the District Attorney is required to collect it as before, but ho must pay it over to the County Treasurer for the use and benefit of the county. So we conclude that neither the act of 1S95 nor of 1S99 operated to repea.1 the provisions of section 1074 of the statute requiring the plaintiff in a divorce pro- the fees then established by law for the performance of any duty by the District Attorney shall continue and remain the established fees, and shall be collected by that official from, the person or party for whom tho service may be rendered 'or who may be charged with the pay ment thereof for the use and benefit of Multnomah County, and by him paid over to the Treasurer thereof- It is true, the act provides that no charge shall be made for services rendered "by the District Attorney for or on behalf of the state or of the county. But this provision, was Intended to apply to In stances In which the District Attorney had heretofore been authorized to charge and collect from the state and county, and not to cases where his fees are to be collected from private parties for whom the services are rendered, or who may be charged with the payment thereof. " L. Shannon et al., plaintiffs and appel lants. Peter Code et al., plaintiffs and re spondents, vs. the City of Portland et al defendants and respondents, from Mult nomah County, Alfred F. Sears, Judge; affirmed. Opinion by Wolverton, J. This was a suit to enjoin the collection of certain street assessments, made to defray the cost, of Improving and repair ing East Water street, between East Oak street and Hawthorne avenue, in the City of Portland. The opinion says In part: "Two questions are urged here, which. It Is argued, are indisputably fatal to tho validity of the alleged assessments. These are (1) that no sufficient notice was ever given to the plaintiffs, nor were they af forded an opportunity of being- heard up on the question of the proportion of the cost to be assessed against each lot or parcel of land Involved In the suit, and therefore they were denied their day In court; and (2) the assessments against the abutting lots were not made upon the principle or basl3 of peculiar benefits ac cruing by reason of the Improvement, and for both of these reasons it is claimed that plaintiffs are about to be deprived or divested of their property without duo process of law, contrary to the Inhibition of the Federal Constitution. "But plaintiffs are met at the threshold with the objection that these questions are not presented by the records, and therefore are not In issue. . . . This suit Involves a direct attack upon tho assessments, and, being so, it Is incum bent upon the plaintiffs to show wherein the proceedings by which they were laid, are a. nullity. Some facts must be al leged by which the court can say from an inspection of the complaint, by fair and liberal Interpretation, that the record of the city Is insufficient to support the assessments. The entire purpose of the suit is to remove an apparent cloud from the title of plaintiffs, and the assess ments and the lien Imposed thereby, by which the city is afforded a means of sub jecting the property to sale to enforce payment, constitute the cloud. It Is es sential to the maintenance of such a suit to assert and establish (1) the particular muniment constituting the cloud, and (2) the Infirmity attending it, which renders It a nullity as to the complainant, for. If he docs not show It to be a nullity, he must fall of his purpose. To establish the infirmity, facts, not conclusions, must be alleged." After an extensive review of the com plaint, the opinion holds that the allega tions do not present the Issues Intended. It is also held that the previous Im provements would not effect an estoppel; that they city acquired jurisdiction by reason of the dangerous. Insecure and unsafe condition of the street; that It does not appear that there was fraud In letting the contract for Improvements at an exorbitant price, and that there Is no sufficient cause to disturb the proceed ings of the city on account of work not performed in accordance with the con tract. In the question of fraud In let ting the contract at an exorbitant price, the opinion says: "While It would seem that the Council cannot be held to be altogether blameless, thr- is not suffi cient In the case to Impute positive fraud to it, such as will void the assessment," THE PALAT1AI oeoii bus Not a dark office tn the balldlns absolutely fireproof; electric Ugrhta and artesian trnteri perfect sanita tion and thorough ventilation. Ele vators ran day and nlsht. The Supreme Court also rendered an opinion, per curiam, In denying a peti tion for a rehearing in the case of Charles E. Ladd et al., respondents. V3. the Cham ber of Commerce et al., defendants, and Ellis G. Hushes, appellant. The opinion says in part: 'The able and forcible peti tion for rehearing, as well as the Im portance of the case, has Impelled us to re-examine the questions Involved with the utmost care, notwithstanding which we are constrained to adhere to the form er opinion." In the case of George Rader, appellant, vs. Emmett Barr, respondent, on petition for rehearing, the court denied the peti tion but modified the decree by taxinff the costs to the appellant, on the ground that the respondent has virtually pre vailed in tne supreme Court. Other petitions for rehearing were de nied in the following cases: Mry A. Jones, appellant, vs. J. F. Adams, respondent. Christ Bredlner, appellant, vs. James Williams, respondent. Mary E. Swank et al., appellants, vs. Philip Swank, respondent. In the case of the Pacific Livestock Company, appellant, vs. James Gentry, respondent, the petition for rehearing was allowed. Other orders were made today as fol lows: A. N. King et al., appellants, vs. the City of Portland et al, respondents; or dered that appellants have until October L 1900, to serve and file their brief. David Brand, appellant, vs. County of Multnomah et al., respondents; ordered that the time to serve and file supple mental brief for respondents on rehearing be extended to Septmber 1, 1900. James Parks was 'admitted to practice as an attorney In this state for nine months. Sllsht near-End Collision. TACOMA. Aug. 15. A rear-end freight train collision occurred Tuesday night on the Northern Pacific at Maywood. Tho second train was so near under control that no damage was done except to roll ing stock. I The act of 1S93 expressly provides that liberty, Washington Notes. James PInder last week sold hl3 timber claim at Frances for $3000 to the Weyer hauser people. An Olympia paper reports the capture of a 21-inch black bass at Mineral Lake. It weighed six and one-half pounds. During the past nine month3. the amount paid fori timber land on the South Bend-Chehalis route amounts to $57,000. A horse was killed at Tumwater, Sat urday, by stepping on a sharp stick, which flew up and penetrated the ani mal's body 30 Inches. Mayor L. N. Griffin, of Falrhaven, gave Joe Carey a thrashing on the 13th. Carey is a musician, and has been paying at tentions to the Mayor's daughter, and the latter objected. Whitman County has had some good work done on her highways by a chain gang. At present seven prisoners are In the gangr. A correspondent says that hoboes and thieves now shun Colfax, as one term of steady work Is enough for them. At Seattle, August 13. James Mulligan. Clarence Pacard and Frank Kelly, boys aged from 17 to 21, held up L- F. Layer, a returned Klondiker, who was on hts way to Victoria. An officer was attract ed by his cries and arrived on the sceno In time to arrest the trio. The once-famed beauty of the upper falls and river at Tumwater 13 rapidly becoming a thlnff of the past, says the Olympian. The change is due to the con struction work on the new dam and flume for the light and power company, which Is to harness the power of the upper falls. lira. Pennington, of Spokane, who was committed to the Medical Lake Insane Asylum six years ago, deliberately drowned herself In the lake there Sat urday evening. Recently she had been apparently" cured of her mental malady, and had consequently been given much Rooms. ArJTSLTE. DR. OEOBQBJ. PhysTe!an....6C8-0fU ALDRICH. S. W.. General Contractor 8ia AXDBRSOJT. GUSTA.V. Attornfy-at-Ijnr...B13 ASSOCIATED PRES3: B. L. PoweU. Mv..80 ATJSTEJT. JV C.. Mannser for Oregon and Washington Bankers Ufa Association, of Des Motneo, la.... ...... B02-30.1 BANKERS' LrFB ASSOCXATTOjr. OP DE3 MOINES. IA.:SV C. Austen. 5fnnaBer..B02-S03 BAYNTUN. GEO. R.. Mgr. for Chas. Sarlb- ner"s Sons ........313 BEALS. EDWARD A., Forecast Offlclat TJ. 8. Weather Bureau DW BENJAMIN. R. W.. Dentlwt.. ........... .314 BINSWANOBR. DR. O. 8.. Pays. A 8ur.410-4U BROOKE. DR. J. M.. Phys. & Sur 108-700 BROWN. MYRA. M. D ...313-314 BRT7ERB. DR. O. E.. Physician 412-413-41 BUSTEED. RICHARD. Aant Wilson & Mc- Callay Tobacco Co. ...,.. ..,.......60C-603 CATJKIN. O. E.. District Agent Travelers' Iniruranc Co. ............ ..........?r CARDWEIX. DR. J. R 80s COLUMBIA TELEPHONE COMPANT .. wvMxw-eoc-otrr-ois-aM-ata CORNELIUS. C. W.. Phys. and Surseoa 2M COVER. F. C. Cashier Equitable Life 300 COLLIER. P. P.. Publisher; 3. P. McGulre. Manager . . ....... 413-418 DAT. J. O. A L N. 313 DAVIS. NAPOLEON. President Columbia Telephone Co. ....... ..eoi DICKSON. DR. J. y.. Physician 713-714 DRAKE. DR. H. B.. Physician 812-0 13-51 1 DWTER. JOE. F.. Tobaccos ... -.403 EDITORIAL RCOH3 Eighth floor EQUITABLE LIFE ASSURANCE SOCIETT; L. Samuel. Manager: T. C Cover. Cashler.3Ca EVENINO TELEGRAM . ....323 Alder strett KENTON. J. D..PhyMclan and Surgeon.BOO-310 PENTON. DR. HICKS C. Eye and Ear 31t PENTON. MATTHEW P.. Dentist .....BCS PIDELITT MUTUAL LrPB ASSOCIATION; E. C. Stark. Manager... ............ ......801 OALVANI. W. H.. Engineer and Draughts man ...... .......... ........ .........C09 GAVIN. A., President Oregon Camera Club. 214-213-210-217 GEART. DR. EDWARD P.. Physician and Burgeon 212-213 GEBBIE PUB. CO.. Ltd., Pine Art Publish er?; M- C. McGreevy. Mgr 313 GIEST. A. J.. Physician and Surgeon... 708-710 GODDARD, E. a & CO.. Footwear .... Ground floor. 129 Sixth street GOLDMAN. WILLIAM. Manager Manhattan Life Insurance Co. of New York. ... 200-21 n GRANT. FRANK S.. Attorney-at-Law. 017 HASIMAM BATHS. King & Comptoo. Props.309 HAMMOND. A. B . 31fl HOLLISTER. DR. O. C. Phys. & Sur004-303 IDLEMAN. C. M.. Attorney-at-Law..410-Z7-l.1 JOHNSON. W. a 313-318-317 KADY. MARK T.. Supervisor of Agents Mutual Reserve Fund Llfo Ass'n 004-C03 LAMONT. JOHN. Vice-President and Gen eral Manager Columbia Telephone Co 001 LTTTLiEFIELD. H. R.. Phys. and Surgeon.. 204 MACRUM. W. S.. Sec Oregon Camera CIub.214 MACKAY. DR. A. E.. Phys. and 8urg..711-713 MAXWELL. DR. W. E.. Phys. & Surg. .701-2-3 McCOT. NEWTON. Attorney-at-Law- 713 McPADEN. MISS IDA E.. Stenographer.... 20! McGINN. HENRY E.. Attorney-at-Law.3Il-3J3 McKEIiL. T. J.. Manufacturers' Representa tive ......303 METT, HENRY 213 MDLLER. DR. HERBERT C, Dentist and Oral Surgeon .................... .....808-009 MOSSMAN. DR. E. P.. Dentist 312-313-314 MANHATTAN LIFE INSURANCE CO.. of New York: W. Goldman. Manager ..200-210 MUTUAL RESERVE FUND LIFE ASS'N; Mark T. Kady. Supervisor of Agents.. 004-COl Mcelroy, dr. j. g.. Phys. & Sur.701-702-703 McPARLAND. B. B.. Secretary Columbia Telephone Co. ................ ....d00 McGUHtE. fl. P.. Manager P. T. Collier. Publisher ..... ........... 413-419 McKIM. MAURICE. Attorney-at-Law 800 MUTUAL LIFE INCURANCE CO.. of New York; Wm. 3. Pond. State Mgr.. 404-400-409 NICHOLAS. HORACE B.. Attorney-at-Law.713 NILES. M. L.. Casnior Manhattan Llfa In surance Co.. of New York ...... ...203 OREGON INFIRMARY OP OSTEOPATHY: Dr. L. B Smith. Osteopath .... ... 403-4W OREGON CAMERA CLUB ..314-215-210-217 PATTERSON. PETER 4O8 POND. WM. S.. Stat Manager Mutual Llfa Inn. Co. of New York .404-403-40 PORTLAND EYE AN DEAR INFIRMARY. ......... ...Ground floor. 133 Sixth street PORTLAND MININO & TRUST CO.; J. H. Marshall. Manager SIS QUTMBY. L. P. W., Gam and Forestry Warden ... -.-.... 718-717 ROSENDALE, O. M.. Metallurgist and Min ing Engineer ........ ..............313-310 REED & MALCOLM. Optlclans.133 Blxst street REED. F. C.. Fish Commissioner .....407 RYAN. J. B.. Attorney-at-Law 417 SAMUEL, L., Manager Equitable Life.. ...304 SECURITY MUTUAL LIFE INSURANCE CO.; H. F. Bushong. Gen. Agent for Ore. and Wash...... ..-.SOI SHERWOOD. J. W.. Deputy Supreme Com mander. K. O. T. M. . 317 SMITH. Dr. L. B.. Osteopath .... 403-403 SONS OP THE AMERICAN REVOLUTION.COO STARK. E. C, Executive Special. Fidelity Mutual Life Association of Phlla.. Pa.... .601 STUART. DELL. Attorney-at-Law.. .017-019 STOLTE. DR. CHAS. E Dentist 704-703 SURGEON OF THE a P. RY. AND N. P. TERMINAL CO. -. . 70 STROWBRIDGE. THOS. H.. Executive Spe cial A&f-nt Mutual Life, of New York... 400 SUPERINTENDENTS OFFICE 201 TUCKER. DR. GEO. P.. Dentist 810-fllX U. S. WEATHER BUREAU. ...007-003-009-010 U. S. LIGHTHOUSE ENGINEERS. 13TH DIST.. Captain W. C. Langfltt. Corps ot Engineers. IT. S. A. .... .....303 U. S ENGINEER OKFICE: RIVER AND HARBOR IMPROVEMENTS, Captain W. C. Langfltt. Corps of Engineers. U. 8. A. .813 WATERMAN. C H. Cashier Mutual Life of New York 403 retary Native Daughters ..... 710-717 WHITE. MISS L. E.. Assistant Secretary Oregon Camera. Club ................ .21t WILSON. DR. EDWARD N.. Phys. & Sur.304-3 WILSON, DR. GEO. P.. Phys. & Surx..706-7CT WILSON. DR. HOLT C. Phys. & Burg.6O7-C08 WILSON & McCALLAY TOBACCO CO.; Richard Busteed. Agent ........ ...e03-O33 WOOD. DR. W. L.. Physician 412-413-414 WILLAMETTE VALLEY TELBPH. CO, -813 A Terr more cltrpnnt offlccfl TOW7 TOO had by npplylnpr to Portland Trust Company of Oregon, 10O Third t or to the rent cleric in the bnildinfr. MENS No Cure Poy THE MODERN APPLIANCE A posltlm way to perfect manhood. Tho VACUUM TREATMENT CURES you without medietas of all nervous or diseases ci the generative- or gans, such as lost manhood, exhaustive drains, varicocele, lmpotency. etc Men are quickly re stored to perfect health and strength. Wiito for circulars. Correspondence confidential. THE HEALTH APPLIANCE CO.. rooms 47-41 Sofa Deposit building. Seattle. W&&X