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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Nov. 8, 1900)
12 THE MORNING OSEGOOTA2J, THURSDAY, NOVEMBER - 8 1900. VV'fcVfc'fcX- Meier & Frank Coo IVIeier & Frank Co. Meier & Frank Co. Thanksgiving Linen Sale of John S. Brown & Sons Fine Linens. Ods King mw o 9 O "V HEADQUARTERS FOR THANKSGIVING LINENS RICHARDSON'S FAMOUS MAKE The Most Economical High-Grade Linens Produced. Fancy Silks "STRESSES THE BOMB WiH 11.73 s WAT BELOW VAIAJD. A hroad variety of beautiful colors and dainty designs. Silks made to sell for tt-oo, Now 69c Yard Stripes, checks, plaids and, brocades In 4hi Inf- .ii!tnifA frrr xpnlntl TWtlJva.tJ TSSaS or lancy rk" OM spldai . $23.25 each COST SO JA'L'VUEL They're carpet sizes. Bvery on repre Eents a neat savins If purchased this week. ucim $20.00 each Ladies' Jackets Sharp Price- Reductions In A collection of smart double-breast Jackets, black and colored, "well tailored, but broken sizes, so divided Into two lots at these low prices: iblbns at.. $3.65 each PSlciBra at.. $5.48 each You'd not know they -were last season's if -we didn't tell you, so nearly are the styles like our latest. BARGAIN .WEEK IN A BRIGHT Couch Cushions Lamp Chance Some for hard usage: some dainty af fairs In this list: Fancy chintz-covered. India KfZn 03 floss-filled cushions JJL ca $2.00 to 53.00 silk-covered Cf (( -, cushions, at -pi.UUCd $100 to $3.65 silk or madras-C 9 flft o covered cushions, at .p..vrv ca & 3.0.?!f...:$3.00 ea ?& .t'l.J.OO ea TvrY lntn worthv lamo Idea has a roo- resentatlve In our great collection, and all SPECIAIiLT REDUCED For example Brass-footed stand lamp. with decorated vase "-Sl 35 gg ABUSE0FD1SCRETI0N This Is Legally Charged to Greenleaf. IS CALLED "CZAR OF MULTNOMAH" Arsrasnests In the Mandamm Pro ceedings to Compel II im to Italic Asaeaament. At the hearing of the mandamus pro ceedings of the City of Portland against Assessor Creenleaf to compel the As sessor to raise the value of city prop erty for the year ISOd from ?30,0t..00) to 540,000,000, John H. Hall, as attorney Tor the defendant, argued before Judge Sftrs yesterday, that only the County Board of Equalization can review the acts of Uie Assessor. Counsel also said the Court more Mr. Long said: "The property is bad nothing to do with the correction of , worth $100,000,000, but we have no right (3000, can the Assessor assess It for S50? I will admit that the Court will not dis turb any slight variance. "The Assessor estimates the true cash value; after that his duties are merely ministerial; otherwise Mr. Greenleaf is the Czar of Multnomah County. The law does not allow him to act on icu own responsibility. The law says what the true cash value Is, and that he shall return It so, and he has not done It." Mr. Ionir read a decision as fellows: "The law interprets what discretion he has. He might toe guilty of such abuse of discre tion as to virtually amount to be neglect of duty and mandamus would He." Resuming, counsel said: "We have charged boldly and above board that he has knowingly and purposely and wilfully neglected to return 512,000,000 worth of property. As far as real estate Is con cerned, that is a matter of proof. The Mayor and Commissioners are .charged with a public duty to furnish police pro tection and Are protection, which cannot be dallied with. If it Is true, as we allege, that he has knowingly and pur posely left that property off the assess ment roll, is that exercising discretion?" In reply to opposing counsel's question why an assessment of over 540,000,000 was not asked. If the property was worth PICTURE CUSHION TOPS. The most artistic and beautiful cushion lops shown in many years are now on sale in our Art Needlework Department Entirely new assessments, and that the Assessor acts judicially. For the city, J. M. Long. City Attor- to ask for more than we require to operate the city. A bondholder can come here and ask the Court to raise the as- ney, read authorities showing courts havo ' sessment." Counsel cited a decision of power to Interfere by mandamus where an Illinois court, which says: "A dlscre there Is an abuse of discretion or neglect tlon cannot be exercised arbitrarily: of duty by an olllcer, and he several ' -where It Is going to work an Injustice it times spoke of Mr. Greenleaf as the Czar of Multnomah County. Judge Sears took the case under advisement. The County Board of Equalization mentioned, is com. posed of the Assessor, County Judge and Clerk of the County Court. Mr. Hall, in his argument, said, among other things:: "They ceme in here and ask the Court to dlreet the Assessor to violate the laws of the state. They do not ask the Court to direct him to exercise any Judgment. They say the property is worth J58.00..00, and yet they ask him to assess it at only 540,000.000." Counsel referred to the statute which provides that the Assessor shall asses3 property at Its true cash value and said the Assessor la suppposed to exercise his Judgment as to what he thinks property Is worth. Continuing, he sttaed: "Whether It Is too high or too low the remedy is not in the courts but at the polls If the people have elected an As sessor whose Judgment la poor. If any man who was dissatisfied with tho asst ss ment could come into court and say the Assessor had assessed his property too high, what would the Court say? 'Leg islature has given you a remedy, the County Board of Equalization, and you are bound to go before the tribunal pro vided by law;' so are these people. "A bald assertion that an officer Is not going to perform a duty Is not sufficient, because there is a presumption that he will perform his duty that this assertion does not overcome. They say he is going to do a certain thing. When does he make the assessment? When he returns the assessment roll to the County Court. Up to that time It Is In his custody to do with as he sees lit, and he can make any change he desires." (The Assessor has not yet returned the roll.) Mr. Hall road a decision rendered by Justice Strahan, which states: "As a general rule, equity has, nothing to do with the correction of assessments. The remedy provided by statute will In most cases be found ample and expeditious. The Assessor acts judicially In fixing val ues, and his action Is conclusive until re versed In the manner provided by law." Mr. Hall said: "This Is tho rule laid down by the Supreme Court. Justice Strahan says the County Board of Equal ization is the proper remedy." Tho attorney submitted anothor decision of the Oregon Supreme Court, where It was held: "The power granted to the Board of Equalization constitutes a board of review. The Assessor making values acts judicially In fixing' values, and when fixed they must remain until attacked toy the County Board of Equalization, or the County Court sitting as a board of equal ization." 'They come here," counsel said, "to raise values because they require an as sessment of 540,000,000. Irrespective of the fact whether the property Is worth more or less." A decision of the Suprlmo Court was submitted where the Court held: "Man damus cannot Issue in a case where judg. ment and discretion are to be exercsod by the officer." Judge Sears There Is no doubt about the rule subject to some limitation. City Attorney Long There Is no doubt about that being the general rule Mr. Hall There Is no exception when it takes away the right of the officer to cxerolye his discretion or judgment. He can fix the assessment and the County Board of Equalization can revise It. He has not yet made the assessment, and it Is only for an Impending evil that they ask for a mandamus as to values which they say he will fix on the property. If they can change it to 5W.000.OX) they can direct Mm to bring it la at SLOW.000 or SlOOtOOOXOO. It 14 virtually taking the assessment out of the hands of the As sessor and placing It In the courts. City Attorney Long, In response, said: "I suppose there is a limit to every man's discretion. The Court will notice tho statute places very little discretion In the Assessor. The law says that on March 1 property 'shall be assessed at its fair oath value.' What does that mean? What discretion does It give him? If horses are selUng on the street at J1O0 a. head, can the Assessor assess them Is the subject of mandamus," and con' tlnued: "It is an abuse of discretion, he ad mits he Is going to leave off 512,000,000; he says the County Board will make that assessment. There are at least 6000 tax payers. How la the board going to go over all of these? It Is before he turns in his assessment that we must act. When he said he was going to return the property at 530.000,0000 we took hold of it; when he returns his assessment we can't reach it." Mr. Long submitted another authority, where it was held: 'A wil full abuse of discretion in refusing to act as directed by law will be controlled by mandamus.' "Wo say," continued counsel, "he has re fused to assess the property at Its true cash value, violating one of the plainest stat utes of the state. They say his discretion is unlimited. If he can assess at 530, 000.000, he can assess at 51.000,000. Do we have to go before the County Board of Equalization and Issue COOO to 8000 notices to taxpayers and have a trial of all of these cases? Must we go before a sscond trbunal to accomplish what this officer should have done? To put the machinery In motion and bring these people here would take about 15 months, when this officer has been paid several thousand dollars to do the work. Why should Mr. Greenleaf refuse to do his duty in this case? Mr. Greenleaf will not go on the witness stand and say he has made the assessment at a fair cash value. He will not perjure himself this officer here v. ho for the past two years haa defiantly set aside the laws of the state. He stands here today and admits that, he has re fused to assess certain property. We say he hasn't, and he knows that ho hasn't assessed property at its fair cash value. Public Justice demands that the 'assess ment should be returned fairly. The law fixes the time as March 1; still counsel argues that the Assessor can return the assessment at any time. We charge that he has purposely and wilfully left off $10,000,000 worth of property from the roll, and he stands here and admits It and asks: 'What are you going to do about itr "Mr. Greenleafs contention Is that he does this for the purpose of equalizing values with other counties. Mr. Green leaf has nothing to do with other coun ties. I have had several men tell me that their assessment is down for one third of what they returned In their statement, and they themselves gave tt In for only one third of what It was worth. The Court can see the necessity of prompt action. We have got to make a tax levy on January 1, andwe cannot go before the Equalization Board and make the assessment In six months. It is the wilfullness with which the act was committed that requires tho Court to act. That Is the only proposition." Mr. Long called attention to the tax levy for the different funds, and that It had been decided that no other money can be used. Mr. Hall made a long speech In reply, saying among other things: . "The law does not fix the value of the property. The true cash value Is what the property would sell for In open market. The law designates the Assessor as the man who shall determine what that is. Counsel says: We are-so limited by charter that we cannot get as much money as we want to spend.' This Court has nothings to do with that. The City Attorney has no more right to come in here and Terform the functions of an Assessor than the Assessor would have to perform the func tions of the City Attorney. The Court is asked to direct an assessment of 540, 000.000 on the bald assertion, without any proof on which to predicate It, that this officer Is not golns to do his duty. It Is preposterous." Qualities which you can depend upon for utmost satisfaction Plain French Flannels First quality, only 6oc yd. Printed French Flannels First quality', only 75c yd. Polka Dot Henriettas First quality, only $1 yd. Enterprise Silk Flannels The genuine article $125 yd. Silk Flannel Taffetas First quality, only 85c yd. Aubrey's Polka Dot Panne Velvets First quality, only $2.25 yd. The above waist materials are the best that are made up to the present time. We aim to give you the best, and the best only. At prices too that are as lovr as are asked elsewhere for inferior goods. A )!i mm TODAY ONLY We will seir - Fifty Highest' Class 1 Tan Kersey JacKets Made In the newest Fall shape, and all lined with finest quaU Ity silks, value $20 and $22.50, at jS?$12.50j& THURSDAY, FRIDAY AND SATURDAY Bargain Days In the Millinery Department. A Great Sale Ostrich Feather Sale Today, Tomorrow and Saturday we offer our entire stock of superior rich black ostrich plumes at One Third Off Regular Prices. $ .50 Ostrich Plumes, special ..$ .33 .75 OstrlchrPlumes, special . . .50 1.00 Ostrich Plumes, special . . .66 1.25 Ostrjch Plumes, special . . .84 1.50 Ostrich Plumes, special . . 1.00 2.00 Ostrich Plumes, special . . 1.33 2.50 Ostrich Plumes, special . . 1.47 3.00 Ostrich Plumes, special . . 2.00 5.00 Ostrich Plumes, special . . 3.34 6.00 Ostrich Plumes, special . . 4.00 Fine Felt Walking Hats Today, Tomorrow and Saturday. Great selling is bound to cause odd lines, odd lines cannot stay in our millinery store. Today we take our entire stock of $1.25, $1.50, $1.75, 2.00, $2.25 and $2.50 felt hats and offer them at one price In the Trimmed Hat Stock Today we offer 29 pattern hats, every one of them the finest ex amples of the most stylish mill inery, special In the Picture Store. Fancy Sheepskins in all colors, for burnt leather work. In the Picture Store. Have you seen the swell College and Golf Girl Pictures? in in We present In this sale, In great variety, those little Indispensable household needs, today at - v- - VERY SPECIAL PRICES Hardwood Clothespins, well made and shaped, special,, per dozen . . . . Pearllne, the best of all cleaners, O special, i-lb. packages Ok Rising Sun Stove Polish, the C standard, special at '' Gold Dust Washing Powder, An 3-lb package, special per pkg lf C 1030 lbs of Blueing, 1n i-Ib pack- J -, ages, special per package Bath Brick, for cleaning knives, f. special per brick 2t Shelf Paper, new patterns In all good colors, per package special Burnishine Metal Polish, spe cial hnamellne Stove Polish, small, special Enameline Stove Polish, jC fnr9Cr large, special VMUl J Putz Pomade Brass Polish, special .3c !2c ..3c Imperial Silver Polish, special Xpt Imperial Silver Polish, special 3 oz Electro Silicon, per box, spe cial , Chinese Ironing Wax, per cake special,. I8c 10c 6c .2c Machine Oil, per bottle, cial spe- 5c 4c Peerless Furniture Polish, best f "7 0 on market, special per bottle... Household Paint Mixed Ready for Use pint cans, special per can 1 0c 1 pint cans, special per can ....... 1 9c i gallon cans, special per can 30c Quart Cans Floor Paint, special.. 29c Varnish Stains, K ptcans special, 13c 5-inch Feather Dusters, special 8c 6-inch Feather Dusters, special. ..12c 8-inch Feather Dusters, special... 19c 9-inch Feather Dusters, special... 28c io-Inch Feather Dusters, special.. 38c 14-Inch Feather Dusters, special.. 95c Paraffin Wax Candles, per dozen, special . . . 25c Electric Wax Candles, per dozen, special 22c o o eeeettooo9eoooeteotoeooe9ia(aeoo e 9 4 x 9 ? o 9 e 0 o 9 a 5i o 9 Rain O 4 0 K 9 9 A o s FRIDAY SURPRISE SALE Day Skirts, at 4 100 handsomely tailored rainyday skirts purchased by the cloak buyer on a recent visit to the metropolis. Plaid back fabrics in Oxfords and Browns, tailor stitched. The best bargain in walking skirts we have ever had the pleasure of offering you. j? a (Second Floor.) r J "f" " y50c 39cPr $SE3S?5cea Storm . ...Skirtings 50 dozen ladies' fancy lisle 100 dozen ladies' unlaund- --.------. and cotton hose, good pat- ered hand - embroidered n6w arrivals in storm terns, best colorings, plain initialed handkerchiefs, all skirtingsGrays and tans, and drop stitch, all sizes, initials. Exceptional value piaid oacks, $2.00, $2.50 50c values at 39c. at 5c each. an(j $3.00 yard. MEIER & FRANK CO. 4cviv&'ycv''fe''''0'''& ImproTlnff Hta Voice. Canon Dayman, who for half a century -vras rector of Shiningstono, published In early life a metrical and scholarly transla tion of the "Inferno." and In later years for a long period represented a portion of the diocese in the blissful realm ot convocation. Amustag as irell as learned. ANTI-RUST UMBRELLA FRAME "We are the Inventor and only manufacturer of an antl - rust umbrella frame, the only frame suitable for this -wet climate. It pays to have an umbrella recovered. If you have a gt)od frame it will pay you. "We will reduce all frames recovered on our anti-rust patent FREE OF CHARGE, and your umbrella will last three times as long as any umbrella, on the market. We do all kinds of umbrella repairing and recovering. "We make all of our cover goods. We carry the largest assortment In um brellas, parasols and bandies In the city. Phone Grant 276. JQ ALLESINA, g2p.Mp0r.rtofflcl.treet' NATIVES DYING OFF FAST. Portland Man Tell now Pulmonary Trouble Kills Eskimo. James Humphrey, e Portland business man, who took a lot of milch cows to Nome last Summer, has returned after disposing of his stock. He says he did not make very much out of his venture, but managed to save himself In spite of the slump In beef and milk when he a..lvcd there. He sold milk all Summer at $1 a gallon, which was cheap considering tho cost of getting the cows up there, and the subsequent expense of feeding. When the great storm of two months ago swept the beach, a large quantity pf hay and grain were washed away, Mr. Humphrey said, and so what remained on the beach Jumped to big prices, hay alone costing $100 a ton. He was, therefore, obliged to butcher most of his cattle, though beef was low. retailing at 30 cents a pound. He closed out the remainder of his cows to local milkmen Just before he came away, and these will be milked until Winter shuts down, when they, too, will be killed and the carcasses hung up to freeze for the use of Nome butchers during the long cold epell which has already set In, and from which Nomeites will not emerge un til next May or June. Stock of all kinds, he saia, wouia nave to be killed there to prevent them "eating their heads off," and he saw -many horses turned out to die before he came away. These animals had been used by prospec tors, who had no use for them after the season was over, and could not afford to feed them all Winter. Quite a large num ber of horses had already succumbed to cold and starvation before Mr. Humphrey came away. The freeze-up was already on when he left, the thermometer Indi cating about zero, and Snake River, which cuts the town In two, was frozen over so that the bridges were about put out of business. There were butv three vessels anchored off the beach, and these were to leave for the South about the first of November, after which there would be no chance for anybody to leave Nome by the sea route. Mr. Humphrey will have to go back next Summer, as he has acquired an in terest in a promising placer mine on Guy Creek, 12 miles out from Nome. He be llevo there Is plenty of gold In that coun try, and that a large number of people will go-there next year, but they will be of n different class to those who flocked thither last season. "The people who will I go In there next year," he said, "will be I those seeking legitimate mining or dusi- ness investments, and they will have money to carry them through. Last sea son a large proportion of those who went . there were broke when they landed, and , seemed to have no Idea of what they . were going to do. These men were the ' ones who gave the camp a gloomy ap- , pearance, and many of them were obliged ' to resort to pilfering along the beach, and much petty thieving was the result. That class has since left there, and i things have settled down at Nome to a j solid basis. "But It's a dreary country, and I did not I see a green tree after I left the mouth I of the Columbia last May until our vessel, the St. Paul, sighted the coast of Wash- J ington on our return. When the gold has i all been taken out of there the beach will relapse Into Its former solitude, as even ( the Eskimos will have all died out. The natives seem to be afflicted with a cough I which carries them off like sheep, and no one knows what's the matter with them, f They had always been healthy previous to last year, and wintered comfortably In ' their teepees of walrus hide, while living i on fish dried the previous Summer. There must be something about the white In- i flux to the beach which is not agreeing 1 with the aborigines, and they seem doomed to extermination." tmssssjm: EXCLUSIVE MANUFACTURER OF... SILVER P 83 0 PV. hUK FIEL SEALSKINS A... SPECIAITT Importer of Cloaks and Suits. SS3-2SS MORRISON STREET, PORTLAND, OREGON. eassi OUR SPECIALTY. Perfectly made garments, absolute ly correct in style, fit and quality, at the most moderate prices Is what we offer. Through a most fortunate purchase we are enabled to offer our Genuine Alaska Sealskin Jackets WE MAKE PERFECT GARMENTS." Send for New Illustrated Catalogue Free. under the archway which spans the high road, over which the Somerset & orset Railway runs at Shllllngstone. Wonder ing what tho man could be doing stand ing on a cold, wet night In the most draughty place Imaginable, the canon asked him what he did there, and ttie reply was: "Please, sir, I be going to sing bass next Sunday In the anthem, and I be trying to catch a hooze" (wheeze). CornhilL . Spokane Election Rets. Spokesman-Review. Betting on the result of the election was lively In Spokane yesterday. Over 000 posted at Jack Wllmofs place was taken down and the money placed In Wlimot's hands as stakeholder. Among the bets taken Tvere the following: $1500 to J500 that McKlnley is elected; $100 to ?50 that neith er Bryan nor McKlnley will get the entire electoral vote of Kentucky; $700 even on Frlnk In three bets, one of 5500 and two ot $100 each; $200 even that Frlnk carries Se attle, Spokane ana Tacoma; jaw ana au even that the Democrats will not elect a single man on the county ticket, barring the Joint Judgeship; $200 that the Demo crats don't elect a slnrfe man on the T Mmamfui 1 tAUfn A ntiT9 ft? avia rf his parishioners, whom he found one cold, I state ticket; $125 that Doust Is the next pK Rfi? !. ElSce jo proyertr sell for-Jvet &ndJgtog3Tjilgt. jteadlpg chfrtitaiLffiigrigl CflO tbiftS.FrtnlcJiaa 1003 plurallt In Spokane County; $250 that Polndexter is elected. As an indication that the Democrats are becoming more confident and are not let ting the Republicans have everything their own way, a bet was made yesterday between a well-known mining man and a Howard-street business man of $1000 to $500 that Rogers will be elected. One of the largest bets yet made on the result of the Presidential election was made at the Spokane Hotel last evening between an Eastern merchant and a syn dicate of Spokane politicians. A forfeit of "$550 a side was put up to cover a bet of $11,000 to $5500 that McKlnley Is elected. The Spokane contingent has tho McKlnley end of the wager. Nortbwcnt Postal Orders. WASHINGTON, - Nov. 3. A postomcc has been established at Wesley. Benton County, Or., to be supplied by special service from Philomath. Wesley C Kee- ton has been appointed Postmaster. The name of the postofflce of Morrison, Lincoln County, Or., has been changed to Pioneer, at the request of a majority of the patrons of the office. The postofflce at Koyukuk, Alflska, was I lnc at .W31ford,onjhejstpf November. JLNOW 0H.SALE Er Blends FURRIERS 288 Morrison Street OF PORTLAND John P. Piagemann, Manager. Fine Furs and Alaska Sealskins our Specialty When a well-made, perfect fitting garment and very best materials arc considered, our prices cannot be competed with. The name of H. LIcbcs & Co. In a fur Garment carries with It a guarantee of reliability. Our line In medium and popular-priced goods this season surpasses anything we have had in the past Over 100 different styles of fur collarettes and capes to select from. Whether purchasing or not, we Invite you to call. Fur Scarfs, Cluster Scarfs, and Animal Scarfs shown In great numbers. Send for Illustrated Catalogue. Telephone Main 24. Francis W. Bonrdtllon. PORTLAND, Nov. 7. (To the Editor.)- Who Is the author of these lines? The night hath a- thousand eyea, The dar but one, Tet the Hint of the gret world dies At set of sun. The mind hath a thousand eyes. The heart but one, Tet the light of a whole life dies When lovo la. done. READER. The title of the poem is "Light." Harris Trunk Co. for suit, cases. ROASTED THE MOST SPARKLINO DELICIOUS AND AROMATIC COFFEES EVER PLACED ON THIS MARKET SALEM WOOLEN MILLS The mills that are making Oregon fam ous for fine woolens and blankets PATRONIZE HOME INDUSTRY Our Portland store carries a complete line of ready-to-wear cIothing New patterns- Up-to-date styles "We retail at wholesale prices" C. T. ROBERTS, MANAGER 85 THIRD STREET