THE MOBNING OEEGONIAN, SATUBDAY, NOVEMBEB 10, 1906. TO GEPOUTOF COURT 'Tylova to Reorganize East Side ' Railway Company. TO-BE SOLD UNDER FORECLOSURE How the Court of Appeals Re-vermeil District Court and Awarded Bonds to Morris &. Whitehead. December 8, 1893; but & few months after It "was completed," the East Sido Railway went Into the hands of a receiver for the United States Court, and It has been operated under a receivership ever since. On the Sth of next month the road is to be sold under foreclosure. The decree was recently made In accordance with a decision of the United States Circuit Court of Appeals, in J3ah Francisco, over ruling the opinion of Judge Bellinger ren dered In June, 1S69. Morris & Whitehead wsro the plaintiffs In- the suit, and the reorganization of the Bast Side Hallway Company will be under control of this corporation. The $300,000 of bonds on which the foreclosure Is based were de posited as collateral security for a debt of $163,000 only. The bonds had, been put Into possession of the German Savings & Loan Society, of San Francisco, as col lateral security for the payment of two notes, executed In 1S93, by James and G. A. Steel, one for 130,000, and the other for 183,000. April 26, 1S97, the German Savings & Loan Society transferred the Steel notes and bonds to Albert Meyer,' and the next day Meyer sent a letter to the Steels, the Bast Side Hallway Com pany and divers creditors, demanding payment of the notes, and on the same day be published notice of the proposed sals of the bonds May 11 succeeding. The sale came on, and Morris & Whitehead bid -In the bonds for H73.CS9; only $10,000 of which was actually paid In cash. The same day Meyer transferred the bonds, to Morris & Whitehead and tho notes back to the German Savings & Loan Solcety, which the next day assigned them to Morris & Whitehead in consideration of the payment of $4970 10, the sum due on them over and above the amount brought by the sale of the bonds The balance due on the bonds, $103,539, Morris & Whitehead obtained by a short loan from Wells, Fargo & Co. pledging the- bonds cls security, and a day or two later re paid Wells, IUrgo & Co. with money bor rowed from t&e German Savings & Xroan Society. This is the process by which Morris & Whitehead claimed to ha-e obtained title to all the bonds lodged as collateral for the payment of the Steel notes for $1C3, 000. In his opinion, Judge Bellinger re cited al the negotiations, and concluded as follows: "The real character of the transaction ehows through all this circumlocution. The German Savings & Loan Society was not seeking to realize upon its securities, but to effect a transfer of the title of the bonds held by it to Morris & White head. The sale, If It can be so called, was not a cash sale, as advertised, ex cept as to the $10,000. which, when the amount Involved is considered, appears to be too small a sum to have operated as an Inducement for what was done. The debt of the Steels, except as to $4970, was simply transferred to Morris & White bead. I am satisfied that the solvency of these bankers was not an Inducement for the transfer. The security for the debt was the bonds. The German Savings & Loan Society was merely playing Into the hands of Morris & Whitehead, and if the former has no pecuniary share In tho title derived from tho sale, yet its con duct has all the consequences of such an Interest to the debtors, whose property was sold. But whether the pledgor -may buy at his own sale Is not considered. It Is enough to defeat the sale that it was contrived between the seller and buyer in order to get the pledgor's title at a sacrifice of his Interest, with that result. I am of the opinion that the pur chasers of these bonds are only entitled to a decree for the amount of the debts for which the bonds were pledged, and Interest and costs, and this conclusion Is based upon the fact that the sale to Mor ris & Whitehead was prearranged, be tween the parties; that it was contrived between them as a means of acquiring the property pledged, and that it is Im material whether the German Savings & Loan Society have any Interest In the sale or not.' In reaching this, conclusion I assume, from the earning capacity of the railway, as shown by what appears In the case, that the bonds have a value Creatly In excess of the price-bid for them at tho sale. If this is so. It Is uncon Ecionable that the mortgagor, or, -what Is the same thing, the creditors, shall lose this excess by the expedient of this sale, while some $5000 of the original debt re mains unsatisfied In the hands of the purchasers at the sale." An appeal was taken from Judge Bel linger's decision, and the hearing was before United States Circuit Judges Gil bert -and Ross and United States, District Judge Hawlcy. Judge Ross delivered the opinion of the court, which was filed Oc tober 1 last After referring to the fore going statement of Judge Bellinger, Judge Ross says: 'fWe are unable to concur In these views ot the court below. We find npthlng In the record "Justifying tho conclusion that Morris & Whitehead, In purchasing the bonds in question, were In any way act ing for the German. Savings & Loan So ciety, or that the Savings & Loan Soci ety had any interest whatever in that purchase. Three of the officers of the bank who testified In the cause testified explicitly that the bank had no such in terest, and the circumstances 'of the case, so far from impeaching or tending to im peach that testimony, in our opinion Btrongly corroborates it The bank had been trying for a long time to collect the loans. The borrowers had been unable to bay either principal or interest. Both of them, as well as the railway company, all of whose stock they really owned, were Insolvent and hard pressed for money. All of the property of the railway com pany was In the hands of a receiver ap pointed by the court, who. for lack of means to operate It, had been compelled to issue, under the orders of the court, receiver's certificates, which wore made prior liens to the mortgage. Under such circumstances, what more natural than that tho Savings & Loan Society should be anxious to realize upon its loans and to aid any one worthy of confidence found willing to buy the bonds? Morris & Whitehead, a Portland banking corpora tion, had examined the property of the railway company, and1 no doubt satisfied Itself that by judicious management the property could be made to pay. It was a corporation of good financial standing, according to tho evidence in the case, fcad one to which the bank of Wells. Fargo & Co, was willing to and did loan he,6S9 for the purpose of enabling it to WZ the bonds in question. It may be. ind'. probably is, true that tho bank of Wells, Fargo & Co. was assured that the loan would be repaid within a few days by money loaned to Morris & Whitehead by tho Savings & Loan Society. But we lee nothing Illegal or wrong In that. If it be true. "We are of opinion that the record Ifcews Morris & Whitehead to be the legal and equitable owners of the whole bf the 300 bonds in suit, and, as they were keoured by a first mortgage upon all of the defendant Tallway company, that they Ire entitled, to a decree for the full imount of the face of the bonds, tc rether with the Interest due thereon, and to & decree of foreclosure and sale of the bortgaged property as against all of the defendants to the cross bill, subject to Inch receiver's certificates as have proper precedence over the mortgage Hen.". The sale Is advertised to take place" at pnanua avenue. SeUwood. at 2 P.-3L, De- b4UaAi&Uxaductb Prescott and Wallace McCamant, as spe cial master commissioners of the United States Circuit Court. Morris & White head hold claims against the property to an amount between $500,000 and $600,000, for which, of course, nothing like face value was paid. This puts Morris & Whitehead In control of the reorganiza tion, of the company, for no one supposes outside bidders would go against such odds the .property would not warrant It. The claims which Morris & Whitehead hold are applicable at the face, with ac crued Interest, -on the purchase of the property, at the foreclosure sale. And then there will be a considerable amount of claims unsatisfied. Tho East Side Hallway Company was owned by James and George A- Steel, with the exception of one share of stock In the name of J. B. Cleland, who was secretary of tho corporation. This new turn in the affairs of tho railway will leave the. Steels without anything- for their Investment In the Oregon City trol ley line, which was something like $2C0, 000 ih xash. The road and equipment cost about $500,000. James Steel said yesterday that but for the course of Morris & Whitehead he' would have been able to extricate the railway enterprise from Its. embarrassment and make It a paying property. "When we were looking for purchaser for our bonds," said Mr. Steel, "Mr Morris was introduced to me as a man who would be likely to help us out. 1 had a0ng talk with him, revealed all the Inside of our affairs to him, and told him all about our plans for straightening out our difficulties and getting our property into our awn hands again. Instead of buying our bonds, as had been his pro fessed purpose lit getting my statement, he went to work, with the information, I had thus given him In confldanco, to un dermine and balk us at every turn and rob us of our property, and he has ap parently succeeded. He seews to have the law on his side, but It is by no means Justice; It is not honorable business." Mr. Morris aid to a reporter that his control of tho East Bide Railway was purely a business matter; that there was no sentiment or feeling in it. He said tho question had been fought out In the courts, which had decided that ho was right, and that was all there was to It. In the past two years, under -the su perintendent ot A.L. Maxwell, the East Side Hallway has considerably more than paid operating expenses. It has kept up the Interest on the outstanding receiver's certificates previously Issued, and has ac cumulated a surplus1 of something l'ke $10,000, and considerable improvements have been made in the physical condition of the property. Its power to earn money is steadily Increasing. MANILA CURRENCY TROUBLES Difficulties Caused by Scarcity of Mexican Dollars. WASHINGTON, Nov. L (Special to New York Journal of Commerce.) The reformation of the currency system of the Philippines will be taken up In earnest as soon as other pressing matters before the President and the War Department have been disposed of. Some of the Army officers now In the Islands have been com plaining that the banks were "deprecia ting American gold." What they appear to mean by this in more scientific par lance, is that Mexican silver dollars have risen above the Custom-House value in American gold. The reasons for the rise are not any Increase in the price of sil ver bullion, but the scarcity of Mexican sller coins, which are practically the standard and the medium of exchange in the Philippines, and also the great vol ume of business now done in the islands. General MacArthur tried to remedy this rise in Mexican silver by urging upon the banks somewhat drastic methods. The banks offered to pay out silver at tho ratio he desired If he would turn over to them the silver which reached the Treasury. Tills has been done to some extent, but the essential difficulty of scarcity has not been completely reme died. The Mexican dollars have risen to about 52.5 cents when their bullion value is nearer 46 cents, and there are fears that they may go as high as 55 cents. The Mexican fiscal system, in spite of tho free coinage of silver prevailing there, combined with the considerable cost for Interest and transportation in sending bullion to Mexico having it coined and transporting it( to the Philippines, .seem to stand la the-.way of large shipments of Mexican dollars to the Islands. The willingness of the banks and the Treasury to-put afloat all the dollars which come into their hands is relieving the situation somewhat, but does not promise a final and satisfactory remedy. The fluctuations in value of the Mexi can silver dollar in relation to gofd have caused a good deal of trouble to .tfie ac counting officers of the Government. The official value of the Mexican sliver dollar having been put at 50 cents, officers who have paid them out for public dues, at tho markot rate, when It was 43 or 43 cents,, (have found a heavy deficit on their hands. Under present conditions they can cover a balance Into the Treasury or into their pockets, but the officials In Wash ington are not entirely satisfied with eith er condition The War Department made some allowances to officers to cover their exchange deficits when the value of the coin was low, but it is felt in many quar ters that these charges for exchange should be Imposed upon tho revenues of the Islands and not upon the Federal Treasury. The banks came to the rescue early In the American occupation In the matter of preventing the congestion of gold, which was being shipped largely from San Francisco, and the gold supply does not now seem to be excessive. The expenses- of the Government are met from funds furnished by the banks at Manila, the banks receiving their pay in drafts upon New York or other points where they have exchange to settle. This arrangement, while solving a part of tho monetary problem, has not met the de mand for a larger supply of the currency of the country, which consists of the" Mex ican dollars. Their value has fluctuated materially and Is a source of dissat isfaction to the soldiers and to the na tives as well as to the accounting offi cers, whero precision is 'so strongly In sisted upon. Several remedies requiring comprehen sive action by the Government of the United States have been suggested, but it is not yet settled which will be adopted. The importation of Mexican silver dol lars does not seem to be taking place auto matically, but might he brought about under certain conditions. The proposition has also been made that the mint at Manila be thrown open to the free coin age ot silver. This would cure the scar city of money, but would tend to force the Mexican dollar down to the value of the bullion it contained. It would .not cure the fluctuations of the dollar In American gold. The only method thus far presented to tho officials for curing tho fluctuations is the creation of a fixed rate ot exchange for the coins and its maintenance by limited coinage on Gov ernment account and the creation of a gold reserve. This is substantially the method ot British India. The scarcity of coins would be, cured by the' increase in the quantity and their fluctuations 'would bo prevented by making them redeemable in gold and paying them out for gold. The entire subject Is felt to demand such careful consideration that it will prob ably be taken up by the Cabinet after the return of the President, and Secretary Gage may be asked to submit a plan, based upon the application of his economic train ing to the facts presented by the Army officers. It the coinage ot a new silver dollar Is decided upon for the Philippines, bearing devices showing the sovereignty of the United States, it will be a signifi cant step in the direction of the perpetua tion of American control ot the islands. B-osiirnss ITEMS. If Baby Is Cnttlnff Teeth, Be sure and use that old andwell-trfsd. remedy, UrJWlnsloirs Soothlnr -Syrup, for children teathlsgi It soothes the child, scf tent the gums. " aiMmo- STRONG TONE IN TRADE COTTOX, -WOOI. AJtD JROX ASS AUti Nearly All Lines ot Business Show am Improvement Wceldy Trade Heview Bonis Clearing. NEW YORK, Nov. 9. Bradstreet'a to morrow will say: There is a stronger tone in cotton and wool, the former largely because of re ports, or tears, of crop damage, while the latter Is, Arm at former quotations on a volume, of business -equal to lately en larged totals. Cereals are, as a whole, dull and lack speculative Interest. Wheat is practically unchanged, early reports of Argentine crop damage fail ing to bring out much buying, and the latter In turn inducing realizing. Corn is only fractionally higher, while hog prod ucts are rather slow and weak. It 1 s from that long-time barometer of trade, tho Iron trade, that-relatively the best re ports as to the demand and the prices come. While a considerable volume of business was 'displayed, Just previous to election, the quanlty of sales reported since has been very satisfactory. Chicago reports the past week's sales of 75,000 tons the largest of any week this year. A slmluar report comes from Birmingham, where 110,00 tons are reported placed within the" past 10 days, while Pittsburg reports the sales of finished material the heaviest since last Spring. A similar re port as to sales of pig Iron comes from Cincinnati. The iron sales have been largely at an advance of 50 to 75 cents per ton, while bars and structural ma terial have either been advanced or the makers are now holding meetings to agree upon increases. v A large part of the business in cruder forms is reported to have been on export account, despite the reports of falling iron prices abroad, and the very high freight rates. A heavy business has been also done in rails at full prices, but figures of quantities are withheld. Some heavy sales of bridge material and structural steel are reported at New York. Hard. ware has moved rather better of late. Other metals are quieter, except tin, which is slightly higher after the late weakness. Hopefulness as to improvement la Fall demand, now that the election is over and cold weather has arrived, 1b re ported in all sections, but nowhere Is the feeling of confidence so marked as in the South. Despite the recent decline in cot ton, the feeling in that section is notably cheerful. In the West, dry goods, cloth ing, shoes and hardware are moving bet ter. In the EastMeather, shoes, wool, to bacco, and coal are firm and outlook for business Is regarded as favorable. On the Pacific Coast, export trade with our new possessions and with Asia has been good. California reports the large area planted in grain helped by recent rains. Refined sugar is almost alone among the staples lower on the week by 15 cents, but this is mainly due to the decreased price of raw on enlarged supply. Wheat (Including flour) shipments for the week aggregate 3,555,507 bushels, against 3,612,421 bushels last week, 4,650,642 bushels in the corresponding week of 1S99, 2,774,693 bushels in 1898, 5,445,542 bushels in 1897, and 4.664,615 bushels In 1S96. From July 1 to date this season wheat exports are 67,412,071 bushels, against 77,239.658 bushels last season, and 77,620,216 bushels in 18S&-99. Filures for the week in the United States number 161, against 165 last week, 183 In this week a year ago, 185 In 189S, 27J in 1895, and 258 in 1S96. Canadian failures for tho week number 17, against 16 last week, 23 in this week a yean ago, SO in 1898, 33 In 1897, and 44 in 1896. THE FINANCIAL -WORLD. ; Result of tho Election Caused Great Speculative Activity. NEW YORK, Nov. 9. Bradstreefs financial review tomorrow will say: "Speculation awaited the Presidential election with confidence, despite nervous ness In some quarters and the hardening of money on the eve ot the decision. The stock exchange community, moreover, has, since election, celebrated the triumph of sound-money principles and the expecta-tlon- of thovfurther business prosperity by a strong and active market. At the end of last week there was a conservative feeling, due to higher money and a dis position to restrict speculative obliga tions, though the indications were that large interests had satisfied themselves about the result, and were giving tho market support. On last Saturday and Monday the market was strong, owing largely to the tendency of shorts to cover. Several houses with London connections made arrangements to send orders to that 'market on Tuesday night, and as the outcome ot the election was unmistak able, the facilities were made use of ex tensively. The New York buying in, Lon don in the early hours was estimated at 60,000 shares, and caused a sharp advance in American rails. The market on this side opened materially higher than Mon day's close, with a good deal of excite ment. "There was considerable profit-taking, supplemented by selling for London, with fairly large short offerings by traders. The reaction, however, failed to appear, mainly because of the largo buying pub lic, which promptly made its appearance. Commission-houses were conspicuous pur chasers, the conclusion being that the olection had brought the public back into the market in full force. The Offerings were readily absorbed, and the recorded transactions at the stock exchange on Wednesday rose to about 1,500,000 shares, though it is believed that tho actual amount on that day was fully 2,000,000 shares, making It the largest single day's business In the history of the exchange. ?losing firm on Wednesday, the next day developed further activity, and a large demand for stocks, despite the signs that the enthusiasm was wearing off. London was again a seller, but there were indica tions that the manipulative interests were active on the bullish side, particularly in stocks in Brooklyn, Manhattan or Sugar, In which the bears were numerous. "Large buying orders seemed to appear at concessions, and the activity, though on a smaller scale, was sufficiently quiet to Indicate the continued presence of the public. The Industrials were features, and there appeared to be a feeling that the. election was a strong point In favor of such stocks, and gave a basis for dis counting any expansion in the iron and wire trades. IRON THAXJE BOOMKVG. Ita-rr Material Is Eacerly Sought at Advanced Prices. NEW TORK. Nov. 3. R. G. Dun & Co,s weekly review of trade tomorrow will say: Iron markets are in an encouraging con dition. No violent speculation is threat ened, but in numerous Instances better demand has caused small advances. The most notable change thus far is in pig Iron, which is eagerly sought at all mar kets, large contracts being placed at 25 to 50 cents a ton above the.bottom point recently quoted. In partially manufac tured forms, such as plates and beams. Improvement is definite, while large build ing operations will keep structural ma terial moving freely. More ships are planned and bridges require material. Railroads are buying most products Xrea ly. Orders for export are numerous and foreign makers have been compelled to reduce prices for steel rails. Spot cot ton has not advanced as expected on the approach of frost. Actual damage has not come, and belief in a current yield of. 10,000,000 bales is stronger. Russian ports send out wheat freely. J nd vmv1ti Argentina th outlook fath. . . crop is less discouraging. Western re ceipts are large. A heavy cut In the. price of refined rogar by all the large Interests brings stand- ard granulated to $5 60. Speculation in bides Is out of proportion to the boot and shoe trade. Prices at Chicago advanced for soma months, and leather has only partially responded, while boots and shoes average the same price as two months ago, whan th bot tom was Teached. Shipments from Bos ton are slightly under recent weeks, but there are sample orders so long as goods do not respond to more expensive raw material. This state of affairs cannot continue indefinitely. The bard Wintei weather is making havoo with the textile industries, and almost counteracts the election. Wool is more active at Boston than at any previous time this year, but speculation is reappearing. Manufacturers buy In moderation, but sales at three chief Eastern markets reached M5LC0O pounds. Prices are steady and holders are confident, although heavy stocks are available. Failures for the week were 201 in the United States against 167 last year, and 18 In Canada against 20 last year. Bonk Clearlnsjs. NEW TJORK. Nor. 0. Th6 following tail compiled by Bradstreat. hoirs th bank clear- lnrs at tho principal cities for the week ended November 8, with tho percentage of increase and decrease, as compared with ths corre sponding week last year: Cle&rinrs. too. Deo. New Tork f &46.W.O0O H Boston 114,112.000 .... &3 Chlcaco 120.406.COO .... U.2 Philadelphia 77.893.000 8.8 St. Louis .... 80.772.000 ..,. f.7 Plttsburc 27.764.000 .... L2 Baltlmor 17.00U.OOO .... 10.1 Baa Francisco 14.380,042 .... 13.4 Cincinnati -. 15,283,000 8.8 .... Kansas City 15,650000 3.4 .... New Orleans 13.8S4.000 8.6 .... Minneapolis 10,106,000 .... tt.3 Detroit 8,144.000 . 4.8 .... Cleveland , 10,042,000 .... 8.8 Louisville 7,713,000 .... 0-7 Providence 6,034,000 .... 12.5 Milwaukee .-. 6,052,000 .... 10.6 St. Paul 4,238.000 .... 15.0 Buffalo 4,920.000 .... 8.7 Omaha 6,888,000 .... 16.9 Indianapolis 6.272 000 .... 10.8 Columbus, 0 5,430,000 0.1 .... Savannah 4,807,000 16.1 .... Denver 4,683,000 Hartford 2,365,000 .... 7.2 Richmond , 3,081,000 .... 17.7 Memphis I 3 011.TX0 .... 2.1 Washington 2.607,000 .... 7.4 Peoria 2,433j000 16 3 .... Rochester 2,600,000 18 0 .... New HUven 1,473,000 41.3 .... Worcester 1,016,000 12.4 .... Atlanta- 2,646,000 10.7 .... Salt Lake 2,332,000 .... 10.2 Springfield, Mass.... 1,789,000 18.0 .... Fort Worth 2,120.000 23.1 .... Portland. Me 1,237,000 .... 26.0 Portland. Or 2,857,221 15.4 .... SC Joseph 3,558.000 7.8 .... Los Angeles 2.024,000 .... 8 2 Norfolk 1,468.000 .... 88.6 Syracuse ..; 1.148,000 .... 8.7 Des Molnea 1.444,000 .... 7.5 Nashville 1,440,000 .... 10 8 Wilmington, Del 764,000 .... 4 0 Fall River 1,147.000 6 0 .... Scranton 049,000 Grand Rapids L1GS.000 .... 13.6 Augusta, Ga.... 1.430,000 4.0 .... Lowell 529,000 .... 11.8 Dajton, 0 1.071.000 .... 7.5 Seattle 2.C54.047 .... 10 8 Tacoma .. 042,374 .... 07 Spokane 1.172,625 .... 6.0 Sioux City 1,207,000 New Bedford 1,001.000 80 5 .... Knoxyllle, Tenn 521,000 .... 1L2 Topeka 040,000 64.0 .... Birmingham 808,000 .... 28 4 Wichita 631.000 6.4 .... BInghamton 460,000 23.3 .... Lexington, JCy 428,000 .... 10 8 Jacksonville, Fla.... 224,000 .... 12.5 Kalamazoo 330,000 .... 5 8 Akron 621,000 17.0 .... Chattanooga. 383,000 .... 0 5 Rockford. Ill 257,000 .... 12.8 Canton. O 281.000 14.7 .... Springfield, O 303,000 .... 4.T Fargo, N. D 318,000 30 0 .... Sioux Falls, S. D.... 182,000 Hastings, Neb 187.000 30.7 .... Fremont. Neb 114.000 6 5 .... Davenport 805,000 .... 6 2 Toledo 2,200,000 1.6 Galveston 8,308,000 .... 20 Houston ..... 10,459,000 ,. EvansvMe 802 000 .... 11.4 Macon 726.000 .... 19.2 Little Rock 778 000 48.4 .... Springfield. Ill 422,000 .... 2.0 Toungstown 290,000 0 9 .... Helena 42J.O00 ..... 0.6 Colorado Springs .... 854,000 Totals U. S. $1,653,030.65 .... 0 1 Totals outside N. T..$ 607.382.827 .... 6.0 DOMINION OF 'CANADA. Montreal 16,273,424 .... 14 6 Toronto . 12,485.490 11.2 .... Winnipeg 2,745.778 .... 18 4 Halifax. 1,602.148 4 0 .... Hamilton 818,029 .... 7.7 St. John. N. B s778.05t 2.9 .... Vancouver 1,010-029 .... 18 2 Victoria 828.188 6.8 .... Totals $ i6.C98.030 777. 777. EAST SIDE AFFAIRS. Work of Central Night School Other Matters. The night school in tho Central build ing. East Thirteenth and East Stark streets, is proving a great, success. There 13 an 'farnest v body of young men and young women, ranging la ages from 15 to about 20, attending, numbering 41 in all. The teachers are Professor J, H. Stan ley, principal of the Peninsular School, and Miss Victor, formerly of the Port land University. Mr. Stanley says every one in the class Is doing good work and the pupils are easily handled. They have not come there for the purpose of wast ing any time, and this enables tho teach ers to devote their energies to Instruct ing and helping the pupjtls. The class meets every evening. Instructions are given in history, arithmetic, spelling, reading and writing. Two pupils are studying algebra, arid the teachers give them all the aid they can, without taking time from the other branches. The higher branches are not taught at the night school, but the teachers "encourage all who want to take thent np. This is an excellent opportunity for young men and tomen employed during the day to make up lack or neglect of opportunities. The building is easily Teached and every young person who comes to learn will re ceive a welcome. At the Williams-Avenue building 26 pupils are in the class, the largest ever had there. Professor S. U. Downs is in charge. He has a class in algebra which is doing finely. Others are expected to come -in and raise the attendance to about 30. The Dead Fireman. ' The remains of A. J. Wllhelm, who was killed In the railway collision near Rose burg, were received yesterday morning and taken to his home at 421 East Twelfth street, corner of East Grant. The de ceased is a son of Mr, and Mrs. L. C. Wllhelm, and was known as an indus trious young man. The family had lived fn Portland for the past 10 years, and he had been fireman for-the Southern Pa cific for some time. He was 19 years old. His father is employed in the Southern Paqlflc carshops, and was at work there when informed of the death of his son. It is expected that the funeral will take place Sunday, as many of the railway employes at the shops desire to attend. The announcement will be made tomor row. A Citizens Meeting. The residents of the Woodstock district will hold a public meting tonight' to con sider the proposition from tho city dis trict In regard to the tuition of pupils at tending from, the latter. At this meeting the question will be permanently settled one way or the other, so that the parents of the pupils will know what is required of them. , East Side Notes. Mrs. Charles E. Ross, living at 534 Grand avenue, south, fell a few days ago and dislocated her knee. She is able to be about with the aid of crutches. The right arm of Mrs. Feaster, em ployed at the Troy Laundry, was severely bruised Thursday by being caught in the mangle. No bones were broken. The residence of Mrs.- Wprthlngton, in Willamette addition, was robbed Thursday while the family were absent from the house. A shotgun and several other ar ticles were taken. Dr. Wise, room S14.The(Dekum. Dyspepsia and sick, headache are re- Zi"l"',?w-a oosaiwii, uo -axa jLoutt iMiuei SEATTLE THIEF CAUGHT POeUCE ARREST NEGRO "WHO 8TOI DIAMONDS TO BURN. Thea He Game to Portland, Shot Orap Game, and XjomtHia Booty DarktowB Dlffs dp. The police department and DtMHvii Snow and Kerrigan made a good catch wnea they arrested Billy Mack, a colored man from Seattle. Mack had diamonds to burn, but they were not his and his career was nipped in th hurt hn th police department learned of the fact. The diamonds, to the value of $1700, were tak- m we residence of Colonel McKee, 314 Columbia street, Seattle, and eyary member of the Seattle tioIIca tnm Ma been yearning to be the man to make the capture or the daring thief. But Port land detectives have that honor. Chief Of Police Reed. Of Seattln nhn onmA tn Portland yesterday, Is highly pleased with me arrest ana recovery of the diamonds, and said last evening: "It Is a very nice piece of work, and especially since the department picked up the man the day information was re ceived of the robbery." Last Sunday afternoon the residence of voionei JdoKeo In Seattle was entered while the family was absent, and Jewels valued at fl700 taken. In the collection were gold bracelets, diamond rings, adorned with rubles, emeralds and sap phires, turquoise earrings, gold and sliver match boxes in fact a glittering array of gems that would mako the eyes of any crook In the country glisten with the lust of possession. Mack was- there. saw them, and took them. He did a clever piece of work, and left no clew behind. ,A negro servant girl was ar rested but betrayed no knowledge of tho theft. Wednesday morning. Chief of Police Mclauchlan received the nowa of the robbery and the list of stolen articles. He Immediately detailed Detectives Snow and Kerrigan on the case. That after noon the detectives located one of the stolen diamond pins, and obtained a de scription of the negro that pawned It, "a black man with a light tan overcoat." An hour later they had arrested a promi nent local colored man, Charles Turner, who protested his innocence. While this arrest was being made, on Everett be tween Third and Fourth, the detectives saw a negro making tracks to get away. They arrested him. It was Billy Mack, tho guilty man. The first man arrested. Turner, Informed the detectives later that he had pawned the ring for 15 at Mack's icviucdc .men me inumo-screwa werev t'uu on .macit. ie toia a novel story. He had not stolen the diamonds. Ho had seen a man hide something in an alley. He had looked at tho hidden property. He found the diamonds. As the sweating process went on tho police gained more and more information and Mack confessed. And then com menced tho rush from darktown. All the prominent colored men of the North End dug up diamond pins, rings and orna ments. Mack had come to town an easy mark, and "shotln craps" with tho local sports had broken his bank. He would play a game, and each tlmo would lose another diamond. He sold a J250 diamond lizard pin for $40. He was glad to be locked up to get a square meal and a place to sleep. And he was glad to divulge who had the diamonds and about all the prop erty has been recovered, and Chief Reed's arrival yesterday removed the ban of secrecy under which tho department was held since the arrest Wednesday. In Seattle Mack was a dlnlng-car porter and at one time a restaurant-keeper. He had no former criminal record. IN THE SEVERAL COURTS. Winter Divorce Business Opens Up With Some Life. Business was good in the divorce line yesterday. Judge Cleland granted decrees in four cases, and two now suits were filed. Josephine Waddell was granted a di vorce from Jesse Waddell, because of ex cessive drinking on the part of the de fendant. The parties were previously di vorced and remarried. Elizabeth Lyman Conlon was divorced from Francis Conlon, on the grounds ol desertion and nonsupport. Mrs. Conlon testified that they were married at The Dalles In September, 1S92. Soon after their union, while they were residing at Cas cade Locks, she states that her husband compelled her to leave their home, and she did so, and went to work. A decree was announced irt favor of John Schoelhamer 'dissolving the bonds of matrimony existing between him and Katherlne Schoelhamer, because of deser tion, which occurred In 1888. Eva R. Dudley was divorced from George F. Dudley on the grounds of cruel treatment. She testified that the defend ant drank to excess. She was awarded the custody of tho minor children. Birdie McKinstry has commenced suit against Frank C McKinstry, to whom she was married at Oakland, Cal., March 3, 1897. for a divorce, and she also asks to bo restored to her maiden name, Slocum. The plaintiff avers that at Roseburg on October 25, 1837, the defendant struck her in the face with his fist, and on March 15 last in this city beat and choked her, and in the month of July threw her down on the floor and repeatedly struck her with his fists. On November 5 she alleges that ho dragged her down stairs and threatened to kill her. Mrs. McKinstry also charges her husband with infidelity, and names Hattle Lyons as corespondent. She states that her husband earns a good salary and asks for alimony. Antonia Perrelll has sued Carmen Per relll for a divorce and for the custody of their four minor children. She accuses the defendant of having frequently as saulted and beaten her. They were mar ried in Italy in 1883. Special Venire. A special venire for 21 persons to serve as Jurors to fill the regular panel la the State Circuit Court has been drawn by Sheriff Frazler and Court Clerk Ken nedy, by order of Judge Sears, as fol lows: H. B. Upham, dairyman. City View Park. Larkin Russell, farmer, Corbett, George Whltaker, salesman, Portland. Edward Everett, Insurance, Portland. E. H. Virgil, builder, Portland. Arnold Ruegg, farmer, Gresham. Jacob Mitchell, grocer, Portland. Patrick Finn, laborer, Alblna. L. J. Kelly, farmer, Woodstock. Louis C. Jagger, merchant, Portland. W. B. Struble, cashier, Portland. John Proudfltt, Janitor, Portland. Owen Caraber, laborer, Portland. James Humphrey, capitalist, Portland. Frederick S. Kinsey, mechanic, Port land. William Eccles, plumber, Portland. George Robertson, machinist, Portland. Joseph Howell, farmer, Columbia. E. W. Paget, surveyor, Portland. J. M. Arthur, machinery, Portland. E. Halllngby, clerk, Portland. Deolslonx. Judge Cleland will announce decisions -this morning at 9:30 in the following cases: Larch Mountain Investment Company vs. T. A. Garbabe t al.; on merits. 'Daisy Matchette vs. Frank Matchette; on merits. Anna Larson vs. Olaf Larson; on merits. May Edwards vs. Charles Edwards; on merits. C J. Reed et aL vs. B. G Whitehouse; on. motion to strike out parts of an swer. Damsse Case Settled. ,. The County Court yesterday authorized AA-'Apnelgren, afliiunstrafdAtice es atM'Wl'WM'WllW'W'1l'Ull'lUM women who worn Tbaee Letters Prove that Ly dia B. Pink ham's Vegetable Compound Makes Woman Stron&r. , Tyfo SLetiors from Mrs. Oomia " Deab Mbs. Petkhjoc : I have decided to ivrito and ask jour advice in. my ease. I have been sick off and on. for about eighteen years' and have been V doctoring -with different doctors, also been to the l hospital but got no relief . I am. at present la, bed tnth womb disease. I hope through C relief." Msa. L. Costa, Broderiok, Der 21, 16D8. " Dear Mas. PrirniAX : I more than for the advice given me in your first T TM1.1 -XT A-t-L n ja. jtuiminiua YcgDwow wjmpouna ana n aiamoxoore r good than all the doctors, I am now a vrell vro- - J .. 1 i a 11 . 1 jt lower bowels bo I can neither stand wr have a burning pain m right side of niin suu iuu tkuio w uu ui my wors: ana rest well at night. Lydia E. Pinkham's Vegetable Com pound is the best in the world." Idas. K Costa, Broderick, CftL, August 1, 1899. Two Letters from Mrm fflarkwt " DxAB MS3. PcnEHAV : I hare fe&rfnl nJr. n have pain when I lie down. Menstruation is very painful and has always been ; am also troubled with leueorrhosa, pain in small of bock and at times stinging pain in cheat. Would like your advice in regard to my troubles." Mas. JfeaiB r Haxkzbt, 166 Summit Ave., Hoboken, W. 1BQQ " Dbas Has. FEnatAM : I was very ' I wrote to you two months ago. ' aald I had inflammation of the womb ' jl was in suon pain xnat x coma not ' or sleep. I have now taken six bottles of Yegs ' table Compound, one box of Liver Pills and -used three packages of Sanative Wash ; also followed ' your advice in regard to other things and am ' feeling perfectly well and can do all my work." r Mbs. Munnx Makkebt, 166 Summit ' TT. .T. .Tutm 4. 1BOQ ' ' ' Can Work All Day " Tho doctor said my nerves were pure. Was trou Died with hands and also had leueorrhosa. I have taken six bottles of Vegetable Compound and feel well once more. 1 have gained twenty-seven pounds and am able to work all day in the store and do not feel tired when I tfet home at night." Petba M. Lota, care of L. Wolfson, San Antonio, Texas. Every woman knows some woman helped by I LYDIA E. PINKHAM'S VEGETABLE COMPOUND tate of Oscar Lundecn, deceased, to ac cept ?250O from the O. R. & N. Co. in settlement of a claim for damages. Lun deen was drowned by the breaking of a chain supporting a slip on which he was working, thereby precipitating him into the river. Lundeen was a 'longshore man. Court Vote. An execution against the property of V. A. Marquam, in the suit of the U. S. Mortgage & Trust Company, was issued yesterday by the Clerk of the State Cir cuit Court and placed In the hands of the Sheriff, directing him to advertise and sell the property. The amount due is 5392.685, to which will be added costs. The property referred to Includes the Mar quam block and 80 acres in the Qulnn D. L.C, where the old racetrack formerly was. District Attorney Chamberlain and.Ches ter V. Dolph, tho latter as special coun sel for the State of Oregon, yesterday filed proceedings In the State Circuit Court to escheat , the balance of, the estate of Jo seph Leonard, deceased, comprising 40 acres of land, and J471 cash. Joseph Leonard during his lifetime lived near Hillsdale. He was a well-known charac ter. There are no known heirs. Letson Balliet, whose suit to restrain Editor Cassldy, of tho Baker City Herald, from publishing libelous articles concern ing him, wa3 dismissed in the United States Court Thursday, was granted 10 day3 by Judge Bellinger yesterday in which to llle an amended bill. He may get up one this time which will hold water. August Lambert, a native of Belgium, was admitted to citizenship in the United States Court yesterday. M. W. Walters, of Lakevlew, who was summoned to appear In the United States Court here November 12, to serve as grand Juror, was yesterday excused from at tendance by Judge Bellinger, on oertiflcato of a physician stating that it is physically Impossible for him to stand the trip on account of poqr health. A motion for a nonsuit in tho $10,000 damage case of Severin Rasmussen against Jnman, Poulsen & Co., was denied by Judge Sears yesterday, after a long argument by counsel on both sides. Wit nesses for the defense were then called, and the trial will probably come to an end today. In his own behalf Rasmussen testified concerning the injuries he re ceived on the head from, the piece of flying timber. He said he was knocked senseless. The evidence for the prosecution in the Fay Severe murder trial Is nearly all In, and tho case for the defendant will be begun this "morning. The defense will be that Emma Golden provoked the quar rel and was armed with a knife or a razor, and that the killing was Justifiable. This, of course, the District Attorney refuses to concede. The case may reach the Jury tonight. The attendance of spectators is large. DAILY CITY STATISTIC3. Real Estate Transfers. A. E. Borthwick and wife to W". KnlDD. lot 8, block 26; lot 8, block 46, Linn ton; lots 1, 2, 3, 4 and 15, block 3, Glenwood Park. October 17.J D. McLaren and wife to George Shep herd, trustee. NW. of SW. of section 23. T. 1 N., K.5K, Novem ber 9 Richard L. Sherlock and wife to Vir 50 gil Conn, east 100 feet of block 64, Couch's Addition. October 27 1000 J. D. Coleman and wife to R. K. Dunn, E of SE. of section 18, and W. of SW. of section 17, T. 1 S.. R. 2 E.: lots 34 and 33, block 1; lot 23, block 2; lots 30 and 35, block 3, Stan ley; lots 33 and 34, block 4; lots 3 to 0, inclusive, block 6; lots 1. 4, 5. 6, 8, 9. 10, 11. 12 and 13, block 7; lots I ive, block 8, Stanley No. 2; lot 7, block 33, Peninsular Addition No. 3; lots 12 and 13, block 9, Woodlawn, January 24, 1SS9 Charles L. Ogle and wife to Andrew 220 Pluard, lot 12, block 24, west Port land, November 5 j-... 225 The German Savings & Loan Society to A. Grace Ross, east 25 feet of lot 4, block 12, Portland, November 2.. 1 Richard Scott, executor, to Henry M. Williamson, lots 1 and 2, block 6, Hanson's Addition, November 9 1533 Dora Quaret to same, same, Novem ber 9 1 Vital Statistics for October. The report of Health Commissioner Menefee for the month of October has Just been Issued. The number of births registered during the month was SO males 42, females 38, white 79, yellow 1. The number of marriage licenses issued during the month was DO. Tho number of deaths registered during the month was 68 males 41, females 27, white 64, colored 1, yellow 8. Of the decedents, 21 ware natives of Oregon, 25 natives of other states, and 22 were ot foreign birth. Eleven were from SO to 70 years old; six were from TO to 0 years, and two were jjc - W. rrao-fianaoa'deaMsvtt l!il'in''H'yiwtwimuw yon to find CaL, Septem- thank von letter. I used Lvdia .. -. ., ... m or walk. I bowels and 27. J., May stek when REM The doctors and ovaries. walk, stand Ave., Hoboken, weak, blood, fan-1 feet swellina. m... Y---v-ihAiirilnilftiiiilTT1 uted to over 30 different diseases, and a number of accidents. To paralysis is attributed 4; heart disease, 4; tubercu losis. 2; meningitis, 3; typhoid fever, 3; Inanition, 3; fracture of the skull. 3. The number of cases of coniagious dis eases reported during the month was about the same as usual, except that 44 cases of scarlet fever were reported; but no deaths are attributed to this disease. Eighteen cases of typhoid fever were re ported, but only three deaths. Eleven ca&es of diphtheria were reported, but no deaths. Of measles, eight cases; one of chicken-pox and one of smallpox were reported. The number of bodies brought here for burial was 14; number taken away, 15; deaths of persons brought here for treatment, six. Marrlaso Licenses. Seth J. Story, aged:22, Leha'Ci Duley. aged, 19; Conrad Gattman, 22rXlzzie Freauff,-19. P3RS0KAL MEHTIOIf. J. W. Beaborg, a merchant of Hwaco, is at ths Imperial. C D. Jessup, a hopbuyer of Balem, is registered at the Imperial. , E. W. Ro33, an attorney of Castle Rook, Wash., is at the Perkins. L J. Anderson, a Sidney, O., manufac turer, is at the St. Charles. F. M. Fales, a Fales' Landing, Wash., stockralser. Is at the St. Charles.. Joseph T. Lawson, a San Francisco shoe manufacturer, is at the Perkins. H. N. Nelson, of San Francisco, a well known politician, is at the Perkins. A. T. Thompson, a stockman of , Monk land,. Or., Is registered at the St. Charles. Samuel Clark, a newspaper man ot Washington, D. C, is registered at the Imperial. Edmund Giltner, of Salem, "private sec retary to Senator MoBrlde, registered at the Imperial yesterday. The Inventory and appraisement of the estate of Lillian H. Dundee, deceased, was filed. The property is valued at J1584. J. C Knesel, an Insurance man of Ma sen City, la., is at the Perkins, while settling up the estate of the late Dr. Phillips, who died in Portland. George G. Gauld, a prominent business man of San Francisco, member of tho San Francisco Gun Club and Prlngle Pond Duck Club, is in Portland an his way' to Seattle to attendythe?. Pacine-Northwest field trials. NEW YORK, Nov. t. Northwestern people registered at New Tork hotels to day as follows: From Salem The Misses Gllfry, at the Imperial. From Seattle J. C. Carter, at the Grand Union. From Spokane G. Glass, D. Glass, 0L Glass and wife, at the Park Avenue. For a Cold in the Head, Laxative Bromo-Qulnlne Tablets. TAKE A RECORD. See How Many Friends Are Hart by Coffee. It would be Just as reasonable fpr a temperance advocate to drink a little di luted whisky as to drink coffee, for one is as truly an Intoxicant as the ether, and persistence In the use of coffee brings on a variety of chronic diseases, notorious among which are dyspepsia, heart palpi tation (and ultimately heart failure), fre quently constipation, kidney diseases, many cases of weak eyes and trembling condition of the nerves. This is only a small percentage of the great variety of diseases which come from an unbalanced nervous system, caused by the persistent dally use of tho drug caf feine, which is the active principle of cof fee. Another bit of prima facie evidence about coffee is that the victims to the habit find great difficulty in giving it up. They will solemnly pledge to thenv Belves day after day that they will aban don the use of It when they know that it is shortening their days, but morning after morning they fall, until they grow to despise themselves for their lack of control. Any one interested in this subject would be greatly surprised to make a systematic Inquiry among prominent brain workers In America. There are hun dreds of thousands of our most prominent people that have abandoned coffee alto gether and are using Postuxn Food Cof fee in its place, and for the most excellent reasons, in the world. Many of them testify that ill health, nervous prostra tion, and consequent inability to work, has In times past, pushed them back and out of their proper standing, in life, which they have been able to regain by the use Of good liealthL stronsr nerves, and neat vitality, since-coffee has been throww -r