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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Jan. 18, 1901)
THE' MORNING OREGONIAN, FRIDAY.. JANUARY 18, 1901. FROM THE FAR EAST Steamship Eva Enters With Rice, Matting and Curios. FRENCH BARK MAKES FAST TRIP Wn.vertree'a Exciting Experience With tho Flood Steamer Willam ette Brlnera Coal From Comox The FJottbelt' Escape. The Oregon & Oriental liner Eva arrived op yesterday afternoon, and entered at tho custom-house -with a cargo which consisted principally' of matting from Kobe. From the variance in (the reports of the masters of tho two steamers Mllos and Eva, it is apparent that a few days makes a big difference In the winds which low over the Pacific. The Mllos en counterd strong easterly winds nearly all tho way across, and the Eva, leaving hs Orient less than a week later, met with nothing but uortherly winds until she was approaching the Coast, when they chitted around to tho southward and for the last six days of her Journey, when ehe was beating around outside In thick weather, the winds were all from the couth. That they had been coming from the iwrtb previous to -that time, how ever, was demonstrated by the fact that , the pilot schooner had been blown so far down to the south that she was sev eral days working back. Tho Eva brings no cargo from Hong Kong, and the only consignment for Port land Is a lot of 35S4 sacks of rice. There are 122 packages of tea from Yokohama for Ban Francisco, and the rest of the freight Is made up cf matting consigned to Bos ton, New York, Rochester, Philadelphia, (KanBas City, Cincinnati, Buffalo, St. Louis, Baltimore, New Orleans and other points East and South. The steamer docked at the O. R. & N. wharf boat In Alblna to discharge, and as soon as the Inward cargo is out, she will load back with flour and lumber. FAST TRIP FROM LOXDOK. French Bark La Rochefoucauld Ar rives In After 12G-Day Passage. The French bark La Rochefoucauld ar rived in at Astoria last evening after a very good passage of 126 days from Lon don. Compared with the 235 days which the French bark Bossuet is out from Nantes,- this is a bright and shining feat of wWch the French subsidizers should feel proud. The La Rochefoucauld is be. lleved to be on the free list, and has un doubtedly missed the best market by not chartering before arrival. Another French bark, the General de Boisdeffre, sailed from Swansea Ave days earlier than the La Rochefoucauld, and has not yet been reported. The Bossuet, which is still on the way, sailed from Nantes May 26, and arrived at Honolulu, October 16, with tne master sick. She resumed her Jour ney November 5, but put back again on the lS.th with the captain again sick. She left the island port the last time December 23, and if the captain's health holds good for a week or two longer. she may reach Astoria without another "put back." The Bossuet will pile up a good big mileage before she gets back to the land of ship bounties, but the good she has accomplished for the French Na- ' tlon er the French taxpayers will be very 'Indistinct. THE WAVERTREE CLEARS. Has an Exciting? Adventure "With the Flood "While LylnK In Stream. The British ship Wavertree was cleared yesterday by Glrvln & Eyre, for Queens town or Falmouth, for orders, with 119,366 bushels of wheat, valued at $06,000. The "Wave-tree finished early In the week, and has been lying In the stream since. "Wednesday morning, when the sawlogs and he drifting trees were rusmng down t..e "Willamette, a bunch of them became attached to her anchor, and, liking the place, soon caused others to catch on. The pressure soon became so great that the "Wavertree dragged anchor, and' start ed qrab fashion across the river. She drifted down toward the County of Rox burg. but a man at the wheel skillfully worked her back Into the channel, and she eventually brought up on her anchor several hundred yards below the point from which she started. The Inchcape Rock finished loading yesterday, but will not dear before today or tomorrow. "WILLAMETTE IX PORT. BIr: Steam Collier Brings a Cargo Front Comox. The big steam collier Willamette ar rived in the river yesterday morning with a cargo of coal from Comox for Portland. She left up at noon yesterday, but owing to the freshet In the river, will not reach Portland before tomorrow. The Willamette comes with a cargo for her owners, the Pacific Coast Company, and this Is her first visit to Portland for several years. In old days before the Alblna coal bunkers were destroyed by fire, the Willamette made regular trips between Portland the northern coal ports, but since the destruction of the 'bunkers most of the coal has been brought here by rail. The Willamette has been In the coal trade nearly all the time since she was built, with the exception of oc casional side trips on other business. She. has carried coffee from ports down near the equator in connection with the Pan ama Railroad, and Alaska miners to the frozen north. RESCUE OF FLOTfTBEK. Got In Too Close "While Looking for Lightship. SEATTLE. Wash.. Jan. 17. The tug . Wanderer. Captain Gove, arrived In port this morning from Port Townsend where she left tie German ship Flottbek. after rescuing that vessel from the very Jaws f the breakers off White Rock. "I had little opportunity to speak the Flottbek at sea or at Townsend." said "the captain, "but from what I learned It seems that Captain Shomaker was trying to make Umatilla lightship, and was mis led from the fact that the ship was not v there. This caused him to get In among the breakers before he realized where he was. The weather was very thick at the time, and the accident was unavoidable in my Judgment. I will be very much surprised If some other mishap of a simi lar nature does not occur during the Winter storms, unless the lightship is 6en In place." . 'It is thought by Captain Gove that the Flettbek was not materially Injured by hor rough experience. None of her crew -is known to be hurt. Brltlnh Cruiser Ashore. ' LONDON, Jan. 17. The British Admir alty has received a dispatch from the Gemmander-In-Chlef at the Cape, report ing that the cruiser Sybllle, which was landing bluejackets to intercept the Boers, was ashore at Stembockfontelp. near Lambert's Bay. and adding that active measures were being taken to assist her. The official dispatch does not say the Sybllle. was wrecked. A press dispatch from Cape Town says the crew of the "Sybllle was saved. (The Sybllle is of 3400 tons displacement She Is 300 feet long, has 42 feet beam and is 16 feet 2 Inches deep. Her Indicated horsepower Is M96. She was built In 1S90. Her armament consists of two six-inch quick-firing guns, six 4.7-inch guns, eight six-pounders and one three-pounder, and five smaller guns. Her complement of of ficers and crew is 273 men.) LONDON. Jan. 18. A dispatch to the Standard from Cape Town says: - The Sybllle Is a total wreck. -She has two large holes In her bottom. One man was drowned, and the others were saved with difl3culty by the transport City of Cambridge. The disaster occurred while the captain and several officers were on shore. Plague-Strlclcen Steamer. HULL, Eng... Jan. 17. In spite of the reports that the post-mortem examina tion of the remains of the three members of the crew of the British steamer Friary, who have died since Frjday, did not reveal that they were stricken with the plague, the authorities have ordered the Friary not to dock, but to anchor in Che Humber, Two more deaths among her crew have occurred, with strong symptoms of the plague. Five of the crew are isolated. At a meeting of the sanitary authorities of the port this evening, Mr. Mason, medi cal officer, said that the disease which had attacked members of the crew was pneumonia plague, a much more malig nant malady than bubonic plague. "KTreck of the Vlgllanclo. HAVANA, Jan.. 17. A high north wind, accompanied by a heavy rain, was blow ing this afternoon, and the Ward line steamer Vigllancla, aground off tho banks of Los Oolomdos, about 80 miles west of Havana, was broadside to it. The sea broke over the vessel, and Bhe -pounded badly. The weather is clearing this even ing, but tho wind continues, the seas are still heavy, and it Is feared that tho "Vlgilancia will be a wreck. Beechbank Passes Kins ale. LONDON, Jan. 17. The British ship Beechbank, Captain Buchanan, after a voyage of 154 days from San Francisco, passed Kinsale today without her fore topmast and main topgallant yards, which, as reported before, were lost dur ing: a gale and tidal wave before the vessel reached St Helena, where a Jury foremast was rigged, and she continued on her voyage. Notice to Mariners. Notice is hereby given that the fixed red light that was on June 6. 1900. tempo rarily established on the northerly and easterly outer end of Eagle Cannery wharf, at Astoria, Or., was discontinued January 12, 190L By order of the Light house Board. W. P. DAY, Commander United States Navy, Light house Inspector. Hurricane at Port Said. PORT SAID, Jan. 17. A hurricane swept over the Suez Canal and several steamers were detained. The Austrian-Lloyd steamer China was aground and obstruct ing navigation, but was subsequently floated and has proceeded. The canal is clear. British Stealer Wrecked. PORT LOUIS, Island of 'Mauritius, Jan. 17. The British steamer Kalseri, which sailed from Rangoon November 23 for Re union, has been wrecked at Reunion. Twenty-five of the persons on board tho vessel, including the captain, lost their lives. Domestic and Foreign Ports. ASTORIA, Jan. 17. Arrived In at B:30 A. M., and left up at 12 noon Steamer Willamette, from Comox. Arrived in at 12 noon. Schooner W. F. Jewett, from San Francisco. Arrived in at 8 P. M. French bark La Rochefoucauld, from London. Sailed at 9:50 A. M. German ship Wilkem men, German bark Alsterufer; at 11 A. M., German ship C. H. Watjen, all for Queenstown or Falmouth for orders. Sailed at 9:30 Barkentlne Tam O'Shanter, for San Francisco. Condition of the bar at 5 P. M., rough; wind east; weather hazy. Sailed at 6 P. M. Tug Samson, with barge Washtucua, for San Francisco. Queenstown, Jan. 17. Arrived Corin thian, from Portland, Me., and Halifax, N. S., for Glasgow and Liverpool. Port Townsend, Jan. 17. Arrived Ger man ships Flottbek and Alsterdamm, from Yokohama. Tacoma Sailed Jan. 16 Schooner Nok omis, for San Pedro. Callao Arrived December 1 German bark Enlen, from "Vancouver. Hong Kong Arrived prior to January 16 British steamer Karven, from Oregon. Shanghai Sailed January 16 British ship Alice A. Leigh, for Port Townsend. Hong Kong Sailed January 9 British steamer Pak Ling, for Seattle; January 16, British steamer Empress of China, for Vancouver1; British ship Buteshire, for Oregon. Tocopillia Arrived January 16 Schoon er James Rolph, from Antofogasto, to load for Victoria. Iqulque Sailed January 15 British bark Darblalr, for Oregon. San Francisco, Jan. 17. Arrived Steam er Washtenaw, from Tacoma; steamer Umatilla, from Victoria: steamer Bristol, from Comox. Sailed Ship Drumburton, for Seattle: steamer Robert Dollar, for Seattle; bark Undaunted, for Comox; ship Dashing Wave, for Tacoma; steamer Al liance, for Portland; barkentlne Monitor, for Gray's Harbor. - New York, Jan. 17. Arrived Karlsruhe, from Bremen; steam yacht Prlnzessln Victoria Lulz, from Hamburg. Sailed La Champagne, for Havre; Koln, for Bremen. Boston, Jan. 17. Arrived Samaritan, from Glasgow. Yokohama Arrived January 14 Belgian King, from San Francisco for Hong Kong. Havre, Jan. 17. Arrived Herodot, from San Francisco for Hamburg. Callao Sailed January 16 Heathcralg, for San Francisco. Genoa, Jan. 17. Sailed Fuerst Bis marck, from New York for Alexandria. London, Jan. 17. Sailed Minnehaha, for New York. Southampton, Jan. 17. Sailed Auguste Victoria, from Hamburg for New York. Plymouth, Jan. 17. Sailed Graf Wal dersee, from Hamburg for New York. Queenstown, Jan. 17. Sailed Oceanic, for Now York. Movllle. Jan. 17. Arrived Astoria, from, New York for Glasgow, and proceeded. ' Portland, Me., Jan. 17. Sailed Buenos Ayres. for Glasgow. London, Jan. 17. Sailed Tanls, from Hamburg and Antwerp for San Francisco, via South American ports. Liverpool. Jan. 17. Sailed New Eng land, for Boston; Vancouver, for Portland, Me. i Cherbourg, Jan. 17. Called Auguste Vic toria, from Hamburg and Southampton for New York. Rotterdam, Jan. 17. Sailed Amsterdam, for Boulogne and New York. New York, Jan. 17. Arrived Georglc, from Liverpool. Chnrges Against Qualey. NEW YORK. Jan. ,17. A special to the Press from Newark, N. J., says: Charges have been made against John A. Qualey, of New York, in a suit Instituted in chancery by William J. Duane and Ed ward W. Osgood, of New York, and David S. Greenough, of Boston, as directors of the Arizona Copper Smelting Company, a New Jersey corporation, capitalized at $1,000,000. A second suit In which the con. testing parties at Issue are practlcilly Identical has been brought In the same court by the John P. Kane Company, of New York, against the United States Car bonate Company. In the suit against the copper com pany, of which Qualey is president the complainants seek an accounting .for cer tain funds, which they say were diverted by the president from their proper uses. In the bill It is said that Green ough paid to Qualey $15,000 for the pur pose of paying the company's debts in Arizona and developing its property there. After depositing this sum In the Seventh National Bank of New York, it Is said, Qualey drew out and used the whole or a large part of the money for other purposes. MORTGAGE TAX IS A LIEN FULL TEXT 'OF SUPREME COURT DECISION. It Is Held That the Mortgagee's In terest Is Still Subject to the Lien of the Taxes. SALEM, Jan. 17. Following is the full text of .the Supreme Court decision In the case of Adolph A. Dekum et al appel lants, vs. Multnomah County, respondent; appeal from Multnomah County; .Hon. J. B. Cleland, Judge; E. B. Seabrook, Will iam A. Munly and John K. Kollock, for appellants; M. L. Pipes and Alex Bern stein, for the respondent; opinion" by Moore, J.; affirmed. This is a suit to determine an adverse claim to real property. The transcript shows that o.n December 8, 1890. one Frank Dekum, being the owner in fee of lots 1 and 2 in block 48 of the City of Portland, Or., gave a mortgage thereon to the German Savings & Loan Society to secure THE LATE WILLIAM T. ARBERRY. PIONEER OF WASHINGTON AND A PORTLAND BUSINESS MAN IN THE '70s. "WALLA WALLA, Jan. 17. William T. Arberry. or "Tex," as ho was famil iarly known, who died here January 16. was born In Kentucky In 1S28. At an early age he went to Texas, where he resided until the discovery of gold in Cal ifornia, when he crossed the plains b7 the Southern route, and engaged In min ing in Tuolumne County. In the early '60s he went to Montana, and camo from there to Walla "Walla, where he remained a few years. From here ha went to Portland during the '70s, whore he engaged in business for several years. Moving back to Walla Walla, he settled down for the rest of bis days. An expert with rifle and shotgun, and a great lover of horses, he was a promi nent figure; in all sporting events. . -. the sum of $150,000, and covenanted there in to pay all taxes that might be levied on the mortgage, which lnstrumept was duly recorded In Multnomah County. The Assessor of said county In 1S92 assessed said lots to Dekum, after exempting therefrom a sum equal to the mortgage debt, and the taxes thereon were duly col lected, but the taxes levied on the mort gage, amounting to $3000 12, have not been paid. Dekum having died testate, the title and possession of said lots Inured to plaintiffs, who, on August 20, 1898, having paid said debt secured a release of the mortgage, which was thereafter duly recorded. It Is alleged In the complaint that thetax levied on the mortgage Is claimed by the defendant to be a Hen upon the l&nd, and that such claim, though without foun dation, is a menace to plaintiff's title, which they pray may be quieted. The answer avers that plaintiffs are not enti tled to the relief demanded for that neither they nor their ancestor compiled with the. covenant to pay the taxes lev ied on the mortgage. The cause, being at issue, was duly tried, resulting in a de cree dismissing the suit, and plaintiffs appeal. Moore, J. The question presented for consideration 'is 'whether a mortgage of real property given to secure the payment of a debt conveys, for the purposes of as sessment and taxation, any Interest in the premises affected thereby that may become subject to the Hen of a tax levied on the debt and security, and, if so, does a satisfaction of the mortgage discharge an existing Hen for such taxes? A mortgage of real property Is not to be deemed a conveyance so as to enable the owner of the mortgage to recover the possession of theland without a foreclos ure and sale according to law. Hill's Annotated Laws. Or., section 326. The rule Is well settled In this state that a mortgage of real property does not con vey, as at common law, an estate therein upon condition, but creates only a mere Hen or Incumbrance thereon. -Anderson vs. Baxter, 4 Or., 105; Renshaw vs. Tay lor, 7 Or., 315; Sellwood vs. Gray, 11 Or., 534; Thompson vs. Marshall, 21 Or., 171; Adair vs. Adair, 22 Or., 115; Marx vs. LaRocque, 27 Or., 45. It has also , been held that a promissory note was the sub. stance, and a mortgage of land given as security therefor, the shadow, so that an assignment of the evidence of the debt necessarily carried the mortgage with It without any formal transfer. Bamberger vs. Gelser, 24 Or., 203. In the light of the decisions to which attention has been called, we will exam ine the provisions of the statute, known as the mortgage-tax law (Laws Or., 18S2, p. 64; Id. 1S91, p. 136), which were In force in 1892, when the tax on the mortgage In question was levied, but have since been repealed. Id. 1893, p. 6. The statute, so far as deemed applicable herein, Is as follows: "And a mortgage . . . where, by land or real property ... Is made security for the payment of a debt to gether with such debt shall, for the pur poses of assessment and taxation, be deemed and treated as land or real prop erty. (Hill's Ann. Laws Or., section 2730.) And . . . shall be assessed and taxed to the owner of such security and debt In the county ... In which the land or real property affected by such secur ity Is situated. The taxes so assessed and levied on such security and debt shall be a lien thereon, and the debt, together with the security, may be sold for the payment of any taxes due thereon, In the same manner and with like effect that real property or land Is sold for the pay ment of taxes. (Id. section 2735.) And In all cases the Assessor shall assess such debt and security for the full amount of such debt, that appears from the record of such security to be owing, unless In the Judgment of the Assessor the land or real property by which such debt is se cured is not worth as many dollars as still appear unpaid of such debt, and then in that case he shall assess such debt and security at whatever sum he thinks to be their real cash value. (Id. section 273?.) It shall be the duty of the Asses- sor to deduct the amount of, Indebtedness within the. state, of any person assessed, from the amount ot his or her- taxable property. (Id. section 2752.) A debt se , cured by land or real property . . . shall, for the purpose of taxation, be. deemed and considered an Indebtedness within this state, and the person or' per sons owing such debt shall be entitled to deduct the same from his or their assess ments In the' same manner that other in debtedness within the .state Is deducted. (Id. section 2753.) No promissory note or other Instrument of writing which is the evidence of a debt that Is wholly or par tially secured by" land or real property . . . shall be taxed for any purpose In this state." (Id. 2754.) The ease with which promissory notes secured by mortgages could be removed from tho state, prior to the enactment of the mortgage-tax law, and the evident desire of foreign owners of such property to escape taxation thereon, to the detri ment of resident money-loaners, rebuts any Inference that the taxes Imposed upon the debt and security could ever have been intended as a Hen upon the mortgage and notes secured thereby, as mere evidences of indebtedness, in the nature of a common-law lien, to secure a general balance due an attorney upon a bond and mortgage left with him by his 'Client for foreclosure, because such Hen - t was predicated "upon, and existed only wnlle the attorney retained possession of the choses in action. 1 Jones on Liens, 2d Ed., section 113; Bowling Green Sav ings Bank vs. Todd, 52 N. Y 489. The exemption from taxation of a prom issory note secured by -a mortgage of land tends to show that It was the In tention of the Legislative Assembly not to treat tho evidence of the debt and the mortgage, which Is an incident there of, as a chose In action, but to regard the mortgage as transferring an interest In the land Itself, commensurate with the debt due from the mortgagor, as shown by the mortgage record. And the exemp tion allowed the mortgagor from his as sessment of real property of a sum equal to the debt secured thereon, and provid ing for the assessment of such debt and mortgage as, land, furnished a method of avoiding a double taxation of real prop erty, and evinced a legislative intention to segregate the mortgagor's estate in the premises into a fee, represented by the equity of redemption, and the mortgagee's Interest in or encumbrance upon the land, in the nature of an artificial estate, and as the fee estate and mortgagee's Interest are assessed to the owners thereof, re spectively, such fee or Interest, upon which tho tax Is levied, may be sold for the nonpayment thereof. The Legislat ive Assembly, by treating the debt and security as land, to be taxed In the coun ty in which the redl property affected by the mortgage is situated, gave to the debt and security a situs, thereby chang ing, for the purposes of assessment and taxation, the theory adopted by this court that a mortgage on real property was a mere Incident which necessarily followed a promissory note secured thereby, wh the holder of the note placed It beyona the taxing power of the state by remov ing therefrom. The mortgage-tax law, when considered in its entirety, induces the belief that the Legislative Assembly Intended that, though the evidence of the debt and the mortgage which Is its Inci dent may pass beyond the boundaries of the state, the debt and the Hen created by the execution of the mortgage still re main (Mumford vs. Sewall, 11 Or. 67), and are taxable, as" land, in the county In which the real property affected by the mortgage is situated, and the tax levied thereon Is, by the express provi sions of tl)e satute. Impressed as a lien on the mortgagee's Interest In or encum brance upon the premises which may be 6old for the "payment of any taxes due thereon. In the same manner and with like effect, that real property or land Is sold for the payment of taxes. Nor do we think the desscrlptlon of the debt and mortgage contained in the ab stract of unsatisfied instruments, fur nished by the Recorder of Conveyances or County Clerk o the Assesssor, and which forms the basis of the assessment and Is presumably copied into the assess ment roll, insufficient to create a lien en the mortgageee's interest in the real prop erty affected by the mortgage, because only "a brief description of the property contained therein, to wit. the range, towriship and section In which it Is sit uated" Is required (Hill's Ann. Laws Or., Sec. 2755, Subd. 4); for an observance of the other subdivisions of that section would enable a competent person, by In specting the book and pages where the mortgage Is recorded and to which refer ence Is made, to" identify and locate the real property subject to the Hen of the mortgage, upon which encumbrance the tax lien is Impressed, and, in the absence of a statute requiring a more specific description of the property assessed the means indicated is sufficient for identifi cation If the record to which attention is called affords adequate Information upon the subject 1 Blackwell on Tax Titles (5.ed.), ec 241; Law vs. People, SO 111. 268; Fowler vs. People,-' 93 111. 116; Sloan vs. Sewell, SI Ind. ISO; Adams vs. Lara bee, 46 Me. 516f Inhabitants of Orono vs. Veazle, 61 Me. 431. In Savings & Loan Society vs. Multno mah County. 169 U. S. 42L in construing the mortgage tax law of this state, it was held that a mortgage of land given to secure the payment of a debt conveyed an Interest in the premises thereby en cumbered. Mr. Justice Gray, speaking for the court upon this subject says: "Taking all the provisions of the statute Into consideration. Its clear Intent and effect are as follows: The personal obliga tion of the mortgagor to the mortgagee Is not taxed at all. The mortgage and the debt secured thereby are taxed, as real estate, to the mortgagee, not beyond their real cash value, and only so far as they represnt an Interest in the real estate mortgaged. . . . The result Is that nothing lstaxed but the real estate mort gaged, the Interest of the mortgagee therein being taxed to him and the rest to the mortgagor." The . tax Impressed upon the debt and security being a Hen upon the mortga gee's interest In the real property sub jected thereto, a relase of the mortgage would necessarily reinvest the original estate In the mortgagor, unless the tax levied on the debt and security had not been paid, apd it remains to be seen whether the lien thereof is discharged by canceling the encumbrance or foundation upon which it rests. When the release of a mortgage Is made to a party whose duty it was to pay the debt and there are no supervening equities by which a merger of the estate and interest would defeat the rights of either party to the contract, such release will generally op erate as a discharge and not as an as signment of the mortgage. 1 Jones on Mortgages (4 ed.). Sec. 858. A nonmerger of such estate and Interest will be de creed In equity, however, when a "union thereof would be contrary to the Inten tion of the parties, subversive of their In terests, or would defeat the demands of justice. Watson vs. Dundee Mortgage & Trust Investment Co., 12 Ori 474; Title Guarantee Co. vs. Wrenn. 35 Or. 62; James vs. Morey, 2 Cow. 246; Franklin vs. Hiy wardi, 61 How. Pr. 43; Gardner vs. As tor, 3 Johns Ch. 53; Sheldon vs. Edwards, 35 N. Y. 279; Hutchins vs. King, 1 Wall. 53; Hitchcock vs. Nixon. 16 "Wash. 281; Rob erts vs. Jackson, 1 Wend. 478. A court of equity will not permit the conveyance to a reversioner of a life es tate burdened with a lien to merge such estate into the fee when by doing so it would defeat the charge Impressed there on. 15 Am. & Eng. Encyc. Law, 315; Has brouck vs. Angevlne, 17 N. Y. St. 733; Brown vs. Bockover. 84 Va. 424. Upon the principle thus announced the lien of the tax levied on the debt and security having attached to the mortgageee's In terest In the premises prior to the release" of the mortgage, the demands of justice ought not to be frustrated by permitting the cancellation of the encumbrance to merge such Interest In the fee so as to defeat Buch Hen, for to do so would frustrate the object of the mortgage tax law, by compelling the county to pay the state taxes levied on the debt and security without receiving any portion thereof from the person whose duty It was to pay the same, thus imposing upon other taxpayers an additional burden not Intended by the act. If a release of the mortgage discharged the Hen of the taxes impressed upon the debt and security, the collection of the tax could be defeated by cancelling the mortgage for the sole pur pose of renewing the debt and security. The plaintiffs having secured no greater interest than the German Savings & Loan Society had in the premises, the release of the mortgage was an equitable assign ment thereof, which leaves the mort gagee's interest still subject to the Hen of the taxes, and hence it follows that the decree is affirmed. AN IMPORTANT SEIZURE. Two Smugglers and Several Allen Contract-Laborers Captured. NEW WHATCOM, Wash., Jan. 17. Probably the most Important seizures ever made on Puget Sound in connection with the violation of the alien contract-labor laws was effected at Waldron, Island yes terday by Major S. C. Walker, United States Immigrant luspector of the Puget Sound district, with the co-operation of the United States revenue cutter Grant, under the command of Captain D. F. Tozler, United States Revenue Cutter Service. The Grant arrived off the camp on Waldron Island, located about three miles from British territory, yesterday morn ing. Major Walker landed with an armed force- In charge of Lieutenant Satterlee, of the Grant This action was taken by Inspector Walker, upon the complaint of citizens of San Juan County. It was' al leged that large numbers of the alien contract-laborers were employed In the lumber and wood camps among the Isl ands contiguous to British Columbia. Upon evidence given by the employes in the camp on Waldron Island, there were apprehended 22 Japanese contract laborers, who stated that they were en gaged In cutting the wood to be used by the Roche Harbor Lime Company. The Grant proceeded to Roche Harbor, and the two padrones who imported the laborers to this country were seized in the harbor, together with the sloop (a British Columbia-built boat) in which they had brought the Japanese into the United States. The boat was loaded with pro visions to be taken from Roche Harbor to the camp on Waldron Island. The captured contract-laborers are being de ported to the country whence they came, and the padrones were brought to New Whatcom in the Grant, to be charged be fore the United States Commissioner with violation of the alien contract-labor law by the Importation of the Japanese. The Grant will leave New Whatcom at day break in the morning, and a thorough Inspection of the island will be made. Immigrant Inspector Walker alms to ef fectually stamp out the Illicit Importa tion of alien contract labpr Into the isl ands of his district adjoining foreign ter ritory. These Investigations are pro ceeding under instructions from Wash ington. TWO IMPORTANT SUITS. Long-Contemplated Fight Over Ti tles of Forest Grove Lands. HILLSBORO, Or., Jan. 17. The presi dent and trustees of the Pacific Univer sity, of Forest Grove, have filed two suits in the Circuit Court pf Washington Coun ty, the decisions of which" will materially affect the titles of Forest Grove real property. The suits are brought by Na poleon Davis, 4 as secretary of the univer sity. The complaint merely asks that the real property occupied by the two de fendants, C. F. Miller and' M. E. Austin, now engaged In the drug business, be de creed by the . court to be the property of the plaintiff. The officers of the university could not be reached, but It is generally supposed that the plaintiff assumes that this prop erty Is owned by the school, as the liquor sale restriction In the deeds originally conveyed by them has been violated. The suit will be bitterly contested, and -In either event will be carried to the Su preme Court Forest Grove is a no-license town, and the general Impression Is that much liquor Is sold there In evasion of the law. These suits have been con templated for years, and are probably brought as a test case to determine whether a saloon can .be established In that city, Survey for Irrigation Ditch. GRANT'S PASS, Or., Jan. 17. The pre liminary survey for six miles has been completed for the irrigation ditch which will supply the farms below Grant's Pass with Rogue River water. The water, light and power company will, use large pumps at the power-house to lift the water to the proper level, and prom ises to have the ditch completed by the time the water is needed. Clevelandcsqne. Independence West Side. The first thing we know Kitchener will be writing of the "pernicious activity" of the Boers whom, he hoped had been re duced to a .state of "Innocuous desue tude." Van Camp's Soups, 10c at all Grocers. INTERESTED IN SMELTER EASTERN OREGON MINES HOPE TO SEE IT ESTABLISHED. To Get Ores of That District. How ever, Transportation Facilities Would Have to Be Improved. SUMPTER, Jan. 17.-Eastern Oregon ll0? are much Interested in the n ta,lk 0f a b,S smeltr for Ore ,.. P1",know' tflat any Oregon smelter must -consider the output of their proP mint8' ?k lhey are Poetically only quartz m Vhav ar? Produclng. and can show more In the way of developing properties than any other region in the Northwest. 7 ku'I"" and Tacoma smelters were established, the problem of erecting iHnint Por"ant was a comparatively trifling one. Portland's transportation ad- a?CS ?s, made U the best point 'nhf1 Pac,flc Northwest for such a plant But time was lost until two strong rival smelters have been constructed in tho north, drawing to them not only the ores of Eastern Washington and Idaho, that naturally would go to Portland, but that of Eastern Oregon. These rivals are In the field and well established, and would prove strong competitors of any rival plant If a smelter Is to be made a suc cess In Oregon, arrangements must be made to secure ores from several districts. Before it Is fully known what varieties' will be required, tests must be made. It ?ems.vto the m!n,re men of this region that they who have handled practically all the ore product In the state, and learned by experience Its .nature, might be consulted with profit No one can tell more of these ores than the men who have tried to treat them by every me chanical process, by cyanldlzation, chlori natlon, bromine-chlorine, reverberatory furnaces, etc. All the chemical, properties nave been learned more effectually than iuej ever can Da by mere sample tests. If a successful smelter Is to be established this knowledge would prove invaluable. When Professor Waldemar Lindgren, the eminent expert employed by the United States Geological Survey, was In Baker City last season, he pronounced all the Cracker Creek and adjacent district ores dry. While base, they were not a nuxing ore. This applied to all the ores lying west of a line drawn north and south through Baker City, with the pos sible exception of the Quartzburg district This latter district had not been suffi ciently developed for him to form a satis factory opinion, but he was disposed to think, from surface indications, that it contained some of the needed copper and galena. Professor Lindgren later visited the Cornucopia district, and devoted a lit tle time to the well-known copper district about Bollard's Landing- and the Seven Devils. His opinion as to these districts affording -the desired flux was not learned. It Is commonly believed that those cop per ores will flux with the dry ores of the region about Sumpter and Prairie City country. Careful chemical analysis and tests are the only methods of deter mining to that degree of certainty neces sary to enlist capital. Various little matte smelters have been tried throughout this region. In some In stances the ores obtained fluxed nicely, and again the whole business froze up, and would not run at all. The little matte smelter established at Sumpter a year ago worked well, but only a limited quan tity of ore smelted. To make It flux ore had to be shipped from copper prop erties lying far to the east of .Baker It was thought that the Cable Cove and some of the Prairie City properties con tained sufficient galena, without having to ship In foreign ores for this Ingredient. But the little smelter here operated briefly and many interesting developments might have come from more extensive work. After the quality of desired ores has been determined upon, other problems must be solved If Eastern Oregon's min erals are to be depended upon. Trans portation to the present railroad lines might prove a most serious difficulty, un less existing means are Improved. There are claims In this region producing oro that Is wanted so badly by certain smelt ers that no smelting charges are made. An Omaha smelter has offered to pay for black sand concentrates from the Snake River full assay value, free on board cars nearest the dredger. Thus it will be seen that the shipping rates on the railroad to a distant smelter are comparatively nothing, the real handicap to the mines being the cost of transporting ore from the property to the cars. Should it be determined that the Seven Devils and Bal lard's Landing ore was essential to smelt ing the other Eastern Oregon ores, unt.l a railroad was constructed nearer these properties. Its exportation would be Im practicable. At the present time the Cornucopia Mines of Oregon Company hauls concen trates about 70 miles to reach the rail road. Crude ore shipped from the same region to smelters costs from $30 to $40 to lay It down there. If a smelter were constructed In Portland it could not place much dependence upon mines laboring with this handicap, as many properties cannot be worked at all with tho waste, and owners of those that may be are not disposed to exhaust their mine when such a Targe portion of values must be given to transportation charges. Before a smelter depending on Eastern Oregon ores gains mucfy headway, It may be necessary for the transportation prob lem to be considered by certain capital ists. Thero are two or three projects afoot to run a railroad to the Seven Devils district, which might take tangible shape If some substantial encouragement were given them. Eastern Oregon miners regard tho whole problem as an. Important one, whlch'mer Its the serious co-operation of all persons concerned. Eastern Oregon operators should be considered when negotiations commence, and in enlisting Joint action It should be done In a business-like man ner. Everybody Interested should be in vited to co-operate. The project initiated should be made a success, so that failures because of Ill-advised or weak efforts may not reflect upon the real merits of the mining region. It Is understood that one or more Eastern Oregon operators, who have capital back of them, have been studying the smelter problem with the Idea In mind of founding such an Institu tion. NEW TOWN OF "WHITNEY. Eastern Oregon Railroad Bars Fu ture Prospects Bright. FUMTTCR. Jan. 17. A typical Western railroad town is Whitney, nine miles from Sumpter. It Is located on Burnt River, at the end of the Sumpter Valley Railroad extension, and may be called brand-new. Whitney is heard much of these days. Its promoters are prone to speak of It as the new distributing .point for a large section of the Sumpter mining region. Many oth ers cannot see in it any serious menace to the commercial Importance of "Sumpter, which has heretofore enjoyed that dis tinction. Whitney Is very pleasantly situated in a narrow strip of the Burnt River Valley. A considerable space, about three miles by 1, of perfectly level land, Is available for building purposes. Camp Creek, a small tributary, flows into Burnt River at the point chosen for a townsite. The level valley is devoid of timber, but on the gentle slopes of either side are forests of 3'ellow pine, the peer of any in the Blue Mountains. These forests are the source of Whitney's existence. The Oregon Lumber Company has acquired big tracts of this timber land a.s logging ground for Its large mill, located at Baker City. As all of its logging Is done by means of the narrow-gauge railroad between Sumpter and Baker City, it became necessary to extend the line into .the very heart of the new tract. Whitney is as near the cen ter, geographically, as it Is possible to reach. The Sumpter Valley road, between Ba ker and Sumpter, was prfmarlly a logging: rokd, but developed into a profitable freight and passenger-carrier. The Whit ney extension is being constructed so that It may accommodate this traffic in thai section. A depot has been construct ed, and other facilities are promised the new town for handling the freight and passenger traffic tributary to Whitney. Whitney is fully laid out and platted. Five streets run east and west Sumpter, Granite, Main, Bonanza and Clifford and numbers one to 12. Inclusive, are run in a northerly and southerly direction. Six houses have been constructed already, among them being a hptel, livery stable, hall, two ealoons and a store. Work on these had commenced early In the Fall, when It became apparent that Whitney was to be the terminus of the extension. Indications point to work on several new structures as soon as the road runs in so that builders may get railroad rates for transportation of materials. Work on the extension was brought to a, close by snow last Fall. All the grading was completed and the track laid to with in 2 miles of Whitney. When the snow vanishes little time will be required to finish. Whitney's future baffles old-timers who have witnessed the growth and .decay of, many mining towns. That it will bo the distributing center for a portion at J east of the Sumpter mining region, seems cer tain, as nature has made it possible to haul from there to certain properties much more easily than from any other railroad depot The Bonanza mine and district of that name are directly tribu tary. A large portion of the Burnt River Valley, that has been compelled to go to Baker City, will also trade at Whitney, and for that purpose a rood Is being con structed up Burnt River to the townsite. How much of the Alamo district trad will be diverted from Sumpter to Whit ney remains to bo seen. Both towns as sert that they possess advantages for Granite. Red Boy, and vicinity trade, Ono good effect of the rivalry that Beems likely to spring up Is construction of better roads. The town that has the best roods Into a district will receive tne lion's shore of the trade. Mine operators will hail the, inauguration of good highways with' denght, as the heavy hauling they hav to do Is usually over abominable roads, or rather trails, the appropriate term for many mountain roads, before tho own ers of the Red Boy mino could haul thbj heavy sinking machinery desired to their j property, a few thousand dollars had to j be expended on the roads. With the, act ive Interest that competing towns will have in roads, great improvements may be expected soon. Already much atten- ' tlon is being devoted to the matter. Quotations of Mining Stocks. SPOKANE. Jan. 17. The closing quotations for mining stocks today were: Bid. Ask. I Bli. Ask. Blacktall 10 11 Qullp 23U 20 Butte & Bos.. 2 2Ramb. Cor....28ft Crystal 4W, 4&ReputllQ 49 D. T. Con.... 2ii 24Reservatlon .. 5& evening aiar. Uft itoas. uiant, .. 4 Gold Ledge .. 2& SiSulllvan 115 I. X. L, 18 lfr&;Tom Thumb...l4$ iron .Mask ...35- 3U Waterloo L. P. Surp... 7 Mtn. Lion ...34 Morn. Glary.. 74 Morrison .... Prln. Maud... 2 TOlAmer. Bor ... QV, 43ft)ConJecture ... 3 7iDewey 2 5MUlr Creek.. 2 2 SAN FRANCISCO. Jan. 17. Tho ofllclal clos ing quotations tor mlnlnc stocks today were. Alta $0 04jJustlce $0 OS ivipna won iitivemuas con l 31 Ken tuck Con Ana3 ...: Belcher Bet & Belcher.. Bullion Caledonia Challenge Con .. Chollar Confidence Con. Cal. & Va.. Crown Point ... Gould & Curry.. Hale & NorcroBS Julia Mexican 34 Occidental Con ... 4 Ophlr OS Overman 15 I'otost 11 Savage 10 Seg. Belcher 2 Sierra Nevada ... 22 Stiver Hill' ...... 47 Standard 4 25 tT-nn Con 27 Utah Con 5 Yellow Jaeket .... 17 15 12 GO 1 751 14 45 20 NEW YORK. Jan. 17. Mining stocks today closed as follows: Adams Con $0 20) Little Chief , SC Alice 45 Brecce 2 001 Ontario 8 Ophlr Co Brunswick Con... 27 Com&ock Tunnel. 4 Con. Cal. & Va... 1 CO I'hoemx 10 PotosI Savage Deadwood Terra.. 53 sierra Nevada ... Horn Silver 1 10 Iran Sliver 65 Small Hopes 73 (Standard 4 15 Leadvllle Con .... OJ BOSTON. Jan. 17.-rCloslng quotations: Adventure $ 0 75 Blng. Mtn. Co.. 15 75 Amal. Copper... 90 50 Atlantic 28 00 Boston & M... 320 00 Humboldt $ BO 00 Osceola 81 50 Parrott 49 00 Qulncy 170 00 Santa Fe Cop... O 25 Tamarack 325 00 Butte & Boston 78 00 Cal. & Hecla. 850 00 Utah Mlnlnff.... 32 CO Centennial 22 OOlWlnona 5 25 Franklin 15 C0 Wolverines 48 00 Bid. If you have never used Carter's Little Liver Pills, go at once to the nearest drug store and get a vial. They will surely please you. Don't forget this. Everybody can be made to feel better. There Is no limit to the usefulness of Hood s Sarsaparllia. Pears' soap is nothing but soap. Pure soap is as gentle as oil to the living skin. Pears' is the purest and best toilet soap in all the world. All sorts of people use it, all sorts of stores sell it, especially druggists. THIS AD. Enclose It to Me With Ten Dollars . And I will furnish you all com- 1 plete. ready for use, my 1900 Model I i No. 7 SANDEN ELECTRIC BELT. 4 Y It Is superior In make, quality and t f power to any belt offered by other f This masterpiece of electro-med- a.- 4 ical science will cure your nerve 4 loss, your weakness, your kidneys, your stomach and poor circulation by endowing you with that vitality which builds up the system. Drugs I are useless; they're harmful. My I 4 belt cures where barrels df medl- 4 T clnes have failed. Why suffer 4 longer? I offer you an lnvigorant T which has no equal in the world, ,, I for It will drive out your pain and . 4 make you a strong, sound man. - Write for my Illustrated books free. - DR. A. T. SANDEN Cor. Fourth and Morrison Sts. Portland, Oregon j . CUT OUT t D j s- j S