Morning Oregonian. (Portland, Or.) 1861-1937, January 19, 1901, Page 8, Image 8

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    THE MOBNTNG OREGONIAN, SATURDAY, JAtfUABY 19, 1D01.
OREGON'S SOLDIERS
Adjutant-General's Report to
Governor Geer.
LARGER APPROPRIATION ASKED
Land and Jf aval -Force Should Have
Annnnl Instruction Oregon Has
1308 Men in National Guard
and 124 in Naval Militia.
Brigadier-General C. IT. Gantenbeln, Adjutant-General
of the Oregon National
Guard, makes the following recommenda
tions in his report to Governor Geer:
First Indorsement of legislation by
Congress looking to uniformity of or
ganization, armament, equipment, disci
pline and instruction of the guard
throughtout the Union.
Second More accurate enrollment of
persons subject to military duty.
Third Increase of annual company al
lowance from $300 to $500, and cavalry and
batteries from $300 to $700.
Fourth Reasonable allowance to officers
to assist them In uniforming: and equip
ping themselves.
Fifth Increase the annual appropriation
so as to permit a camp of instruction or
practice march for all the land forces and
a cruise of the Naval Batallion once a
year.
Sixth Print 500 copies of the muster-In
and muster-out rolls of the Second Ore
gon. Seventh Simplify the procedure of mili
tary courts.
Eighth Deflne more clearly the rights
and duties, of civil and military officers
in the event of a call for troops.
Ninth Pass the proposed new military
law.
Following Is a full text of the recom
mendations: "I would earnestly solicit the support of
the Oregon delegagtlon in Congress, the
Oregogn press and the people of the state
generally in behalf of the efforts of the
Interstate National Guard Association to
Becure legislation from Congress that will
result In uniformity of organization, arm
ament, equipment, discipline and instruc
tion of the guard throughout the Union,
and that will make It National In fact,
and not In name only. A meeting of the
association will be held In Washington,
February 4, 1901, at which a bill will be
prepared and Introduced with this object
in view. A bill of this character deserves
the support of every citizen who has the
welfare of his country at heart and be
lieves that war is possible at any time.
The National Guard must be made an ef
fective reserve to the regular Army, and
not merely a state police force. Uniform
ity In essentials in the various state or
ganizations Is absolutely necessary to this
end. The status of the Guard should be
clearly defined In the event of a call for
trooir,. both as a matter of Justice to
the individual members composing it and
to the Federal Government.
Military Enumeration.
"There has been considerable criticism
from time to time of the method and ex
pense of preparing the military list for
this state. I have written to the various
county Assessors for a statement of the
expenses Incurred in their respective
counties In preparing this list, and for
such suggestions as they might make
with a view to amending the present law.
The total cost of preparing this list ap
pears to be about $4000 a year. This sum
could be saved the state by adopting the
law recently enacted In "Wisconsin, and
providing that when the census Is taken
In the year l$95,,and every 10 years there
after, the seven officers required by law
to enumerate the Inhabitants shall also
carefully enroll all able-bodied male citi
zens between the ages of 18 and 45 years.
specifying their names, residence, age and
occupation, who shall reside In the terri
tory in which they make such enumera
tion. Authority should also be given the
Governor of the state, whenever he deems
it necessary, to order an enrollment of all
persons liable to military duty, and pro
vision should be made for claiming ex
emption on the part of persons entitled
thereto. The object of this military enu
meration Is to provide a list of persons
available for military draft. The adoption
of the Wisconsin law would secure a more
accurate enrollment, and would save $4000
a year, which could be used to far better
advantage In promoting the efficiency of
the National Guard.
"There is now paid to each company,
troop, battery and naval division annual
Iv the sum of $300 for necessary current
expenses. Including rent of armory. This
I5 entirely inadequate, and these organi
zations are frequently obliged to resort
to renting their quarters for other than
military purposes, giving entertainments,
collecting dues- and levying assessments
upon their members. A very large pro
portion of company dissensions result
from the means necessarily resorted to In
order to Talse funds to meet the expenses
of rent and maintenance. This annual al
lowance should be Increased from $300 to
$30 for companies and naval divisions,
and from $300 to $700 for each of the two
troop1 of cavalry and the light battery.
A comparison with the practice of other
states will show that this suggested In
crease Is a very reasonable allowance.
"Every noncommissioned officer and
rrlvate. under the existing military code.
Is furnished his uniform and equipment
at the expense of the state, while every
commissioned officer Is required to provide
himself with a suitable uniform, arms and
onulnment This entails an expense of
575 to $13 often works a hardship on offi
cers and frequently prevents the most
competent enlisted men from accepting
promotion, as thev feel they cannot afford
equipping themselves In addition to oth
er expenses Incident to holding a com-r-ilson.
This if recognized in states hav
ing the most efficient National Guard or
rnlsatlons. and officers are reimbursed
f r this necessary outlaw I therefore rec
ommend a reasonable allowance to officers
to assist them in uniforming and equip
ping themselves, provided they shall have
served as uch a calendar -rear, and that
thev shall furnish a certificate of an In
spector showing that they are uniformed,
armed xnd equipped as required by law.
Annual Instruction.
"The martial soirit of our people Is un
questionable. The time, energy and
ioney devoted to the National Guard by
its members clearly prove It. But zeal,
courage and physical strength do not of
themselves make a soldier fit for active
srrvlce. not even when supplemented bv
drill In the manual of arms and cramped
movements in an armory He must know
how to take care of himself in camp and
on the march, what to do, and what not
to do. In order to keep out of the hospital.
He must understand his weapon, and
must learn Its use and care, as well as
that of all his other belongings. The
importance of practical experience In
camp, field or cruise duty cannot be
overestimated. This duty should be an
nual, and should continue for a period of
at least 10 days. Though the most ex
pensive feature of the maintenance of
the National Guard, the result Justi
fies the outlay. The annual appropri
ation should, therefore, be sufficiently in
creased to permit a camp of instruction
or practice march for all the land forces
and a cruise for the Naval Battalion once
a year.
"The records of tine Indian War Veter
ans are Incomplete and it is often Impossi
ble to furnish information requested. I
am Informed that many of these missing
records were abstracted by pension
agents a number of years ago. and can
not be replaced. The records of the Ore
gon "Volunteers during the Spanish-American
War are now complete, and are on
file in the Adjutant-General's office. Fre
quent reference is made to them, and they
are becoming considerably worn. For the
purpose of preventing their destruction or
removal, I recommend that the legislative
Assembly, at Its coming session, author
ize the Adjutant-General, at the expense
of the state, to cause 500 copies of the
muster-In and muster-out rolls of these
volunteers to be printed by the State
Printer, bound In proper form, and dis
tributed In such manner as your Excel
lency may direct.
Simplify Military Courts.
"Discipline Is the soul of a military or
ganization; it is Indispensable to Its ex
istence. The means of enforcing an un
hesitating obedience to orders, and a
prompt and proper performance of mili
tary duty, should be plain, speedy and
effective. Our present system and pro
cedure of military courts are complex
and expensive, and are capable of ma
terial improvement. After a careful com
parison of the codes of 10 of the most Im
portant states, I recommend the adoption
of the chapter on military courts in the
New Tork code, recently enacted, so far
as it may be applicable to the conditions
of this state. The rank, and file of the
National Guard are men of military in
stinct, and want to see discipline en
forced and the standing and efficiency of
the organization raised. The more the
Guard approaches the "real thing the
more popular it will become, and the
easier It will be to secure a desirable
class of recruits.
"The statute of 1884, for the suppression
of riots (Hill's Code of Oregon, section
1048), is still in force so far as it has not
been repealed by the militia law of 1895.
There is some doubt as to the respective,
rights and duties of the civil and mili
tary officers In the event of a call for
troops in aid of the civil authorities.
These rights and duties should be clearly
defined. The civil authorities should be
empowered to designate in general terms
the particular object to be accomplished.
The mode and means of execution should
be left to the discretion of the command
ing officer of the troops present.
Kerr Military Bill.
"The above, with other recommenda
tions, will probably be embodied in a bill
to be Introduced at the coming session
of the Legislature. At its quarterly
meeting, April 9, 1900, the military board,
deeming a revision of our military code
necessary, and following the example of
other states, caused a board, composed of
Brlgadler-Oeneral C. U. Gantenbeln,
Colonel James Jackson, Inspector-General,
and Major R. G. Jubltz, Third Regiment,
to be appointed for this purpose, to report
the result of its proceedings. December
1, 1900. At a meeting held July 11. 1900,
at Camp Geer, Colonel S. C. Spencer,
Judge-Advocate-General, and Colonel A.
B. Glllis, Surgeon-General, were added
to this board. Copies of the military
codes of the states maintalnging the most
efficient Guards were procured and care
fully examined. Ths bill recommended by
these officers Is now ready for submis
sion to the Military Board for its exam
ination and approval. It is the result of
the thorough, painstaking and conscien
tious efforts of five officers representing
different departments, and will, without
doubt, greatly promote the efficiency of
the militia. If approved by the Military
Board, I earnestly recommend its passage
without materl amendment."
Subject aillltnry Duty.
The number of men subject to military
duty in Oregon for the year 1839 was 51,332,
apportioned among the counties as follows:
Baker
Benton
1.001
Unn 1,932
Lincoln 344
Malheur 5S6
S00I
1.S2S.
Clackamas
Clatsop 1,722
Marlon 3.4S1
Columbia l,053Morrow 590
Coos l,515.Mulrnomah 15,760
Crook 387
Curry 239
Douglas 2,1911
Gilliam C01
Grant 7S3
Polk 1,72:
Sherman 565
riuamooK &5H
Umatilla 966
Union 1,515
Harney 475
.Wallowa 723
Jackson 745Vasco ....k 1,751
Josephine 939
Washington
786
Klamath 452KVheeler 37;
Lake 433
Lane 2,S41
X'amhlll 1,564
Total 51.332
The total 'strength of the Oregon Na
tional Guard is 1303 men and officers, and
of the Naval Militia 121.
Spanish-American War Medals.
The medals presented by the State of
Oregon, at the suggestion of Governor
Geer. to the officers and men of the Sec
ond Oregon, United States Volunteer In
fantry; Light Batteries A and B, United
States Volunteers, and Company M, Sec
ond Regiment, United States Volunteer
Engineers, were delivered to General Gan
tenbeln for distribution July 1C, 1900. They
were made of bronze taken from a Span
ish cannon captured at Manila and pre
sented to the stato by the United States
Government. Substantial, of convenient
size, and artistically designed, with the
name, rank and organization of the own
er neatly engraved, they are highly prized
by the volunteers as invaluable remind
ers of the state's appreciation of their
patriotic services. In all, 1G72 were issued;
of this number General Gantenbeln "has
distributed to the owners 643 In person and
COG by mall, 423 not having as yet been
claimed. Applications arc received dally,
howover, and before many months the
medals will all be distributed. The great
est oare has been taken to Insure their
delivery to the persons properly entitled
to receive them.
Oregon Men in the Army.
In addition to a large number of en
listed men from Oregon who are serving
in the Regular Army and the United
States Volunteers, the following commis
sioned officers, formerly members of the
Second Oregon, are now In the United
States service:
Herbert W. Cardwell, Major and Chief
Surgeon United States Volunteers, since
May 20, 1S9S.
James F. Case, Major Fourth Infantry
since August 17, 1S99.
Austin F. Prescott. Captain Thirty
firth Infantry, since July 5, 1S99.
Eugene P. Crowne, Captain Thirty-fifth
Infantry, since July 5, 1S89.
Albert J. Brazee, Captain Thirty-fifth
Infantry, since Jujy 5. 1S99.
Elmer O. Worrlck, Captain Forty-fifth
Infantry, since Auzust 17, 1S99.
Percy Willis, Captain Forty-fifth Infan
trj'. since August 17, 1S99.
George W. Povey, Captain and Assistant
Quartermaster United States Volunteer
Infantry, since August 28, 1S99.
William H. Jordon. Jr., First Lieuten
ant Eighteenth Infantry, since March 2,
ISM.
Rhees Jackson, Second Lieutenant
Twelfth Infantrj". since August 1, 1S93.
Settlement of Oregon Claims.
The prospect of an earlj adjustment of
claims against the Government growing
out of the Spanish war appearing to be
somewhat remote. General Gantenbeln
was directed bj' Governor Geer to .pro
ceed to Washington to explain and fol
low up the Oregon claim. This was not
among hll prescribed duties, but It was
cheerfully performed without extra com.
pensatlon. Most of the states have em
ployed special agents or attorneys, some
have had a number of clerks aiding the
Auditor's Department in Washington.
The Quartermaster-General was finallj"
convinced that his appraisement was en
tirety too low, and he concluded to ap
prove the basis of settlement suggested by
Governor Geer.
Successful Encampment
For the first time In the history of the
Oregon National Guard it was practicable
In Jury, 1900, to assemble all the land and
naval forces, except separate Companj A,
of Marshfleld, for Instruction in field and
cruise dutj "The results," says General
Gantenbeln, "were eminently satisfactory.
The unusual attendance, the neatness and
sanitary condition of the grounds, the
military experience and excellent dis
cipline of the men of all organizations
Indicate a renewed Interest in the serv
ice deserving of the highest praise, espe
cially in yIow of the very recent reorgan
ization following the unsettled conditions
consequent upon the outbreak of the
Spanish-American "War." The encamp
ment cost $23,726 41, of which $14,318 was
the pay of the guardsmen.
Preserving: Fines.
A suitable oak case has been ordered
for the safe preservation and proper dis
play of the colors of the Second Oregon
Volunteers and of the First. Second and
Thlrd Regiments, formerly constituting
the National Guard. "These flags," says
General Gantenbeln, "have a sacred his
tory, and as emblems of heroism, and de
votion to duty should be displayed in a
conspicuous place, where they could be
viewed by every visitor to the Capitol."
Guard in Good Condition.
Colonel James Jackson, Inspector-General,
makes the following report:
"The National Guard of the state,
though but recently reorganized, is in
better condition and more fully equipped
for active service than it has ever been
before. Its soldierly spirit, instruction
and discipline Is better and the equip
ment more complete. There Is still much
to learn In the way of attention to the
details of drill, the education of non
commissioned officers in the handling of
squads, familiarizing officers and men
with the whistle and sword signals, open
order and battle formation, target prac
tice, ana in tne care and accounting for
state and Government property. Before
another encampment tire troops should be
so well instructed In company drill that
the whole time may be devoted to field
maneuvers. Target practice Is absolutely
essential to a soldiers effectiveness, and
should be provided for and encouraged at
the stations of the different companies.
The imminence of war at any time de
mands that the Instruction most neces
sary in the field be cnnttnntlv Imnnrtwl
and that discipline, without which no or
ganization of troops can be efficient, be
biui eiuorccu.
WHERE MINING IS PLEASANT
Senntor Cameron Telia of the Sim
mons Pincers In Josephine.
State Senator Cameron, of ,, Jackson
County, who is largely Interested in
Southern Oregon placer mines, Is spending
tho legislative roccss at the Imperial. He
Is part owner In the well-known S mmons
placers near Waldo, which he says have
been mining under a good head of water
since early Fall. The recent snow storms
on the Siskiyous will help the placer
miners of that region very materially,
the Senator thinks, as they have stored
the moisture about tho summits and thus
Insured a good long supply. He looks for
an unusually prosperous year, although
the fore art of the mining season was
drier than many of the creek miners de
sired. Senator Cameron has operated the Sim
mons placers for 15 years, although dur
ing the firn three very li.ttle gold was
taken out, as the gold-bearing gravel lay
too low for rapid drainage, and a dump
had to be provided. A huge ditch, one
mile long, and 00 feet deep, had to be
dug before the hydraulic pipes could be
operated successfully on the benches and
hillsides above. Water was taken out of
the Illinois River and the forco of this
was brought to bear on the great banks
of earth to be moed. Much good soil
and many fine trees were washed off into
Rogue River below, but as Mr. Cameron
was not in tho farming or timber busi
ness, soil and trees possessed no value
to hlm.-
Two giants have been operated night
and day for eight months of each year
since the tall race was constructed and no
one but tK. owners of the big placer mine
know how much gold has been taken
out. The yellow metal appears in the
allavial banks and about the roots of the
trees, as well "s In the bedrock, and oc
cur in line shot-like particles, which ren
ders its saving in the riffles or in the
pan, very easj.
Senator Cameron said last evening that
mining Is a good deal like farming or anj'
other business, as some j'ears a mine maj
not pay more than expenses, while in
others enough monej- may be made to
carry the owners over four or five years.
They have over 1200 acres patented on
the Simmons placers, and there is pay dirt
in sight for tfae next 25 years. The mine
is situated in Josephine County, some four
miles from the California line, and adja
cent to the fertile Illinois Valley, where
all products of the temperate zone grow
to the greatest perfection. Mining in that
region is not like operating in Dawson,
as all sorts of fruits and vegetables, as
well as fresh meats and the products of
the dairy, can be obtained with very little
cost. The climate is so mild that even
in the Winter time overcoats are seldom
worn.
The Oregoninn Is Not Informed.
PORTLAND. Or., Jan. IS. (To the Edi
tor.) Referring to the report of the ova
tion to Senator Quay, I was maintaining
that he was a great corruptionist in poli
tics and stood for the Pennsylvania "Rail
road and was regularly' indicted; but a
friend saj-s this Is the malice of hostile
newspapers. Will you please give the
true facts of his political "history? Not
opinions, but facts. Is it true he wrote
a broker to get on to certain stocks and
he would shake tho plum tree? B.
"When Lights Do Not Burn.
PORTLAND, Jan. IS. To the Editor.)
Please settle a dispute. A says the elec
tric light company gets paid for city
lights when they don-'t burn. B says it
doe3 no get paid for that night. If not,
how much is deducted from its contract.
T P.
When tho city lights do not burn the
company makes a reduction, as Is speci
fied in its contract with the city.
TOM CONNELL.
STOOD THE CROSS-FIRE
THOMAS CORNELL'S DIRECT TESTI
MONY NOT SHAKEN.
Reason Why Clark Wan Not Prose
cuted Was That Evidence Was
Insufficient to Convict.
Thomas Connell, the defendant in the
action of the Hartford Insurance Com
pany to recover $3200 insurance, wont
through three and one-half hours of cross
fire in Judge George's department of the
State Circuit Court yesterday without
varying an iota from his direct testi
mony of Thursday. The Insurance com
pany's lawyers alleged that Connell did
not tell the same story in the civil action
that he did when he was on trial for
arson at Stevenson, Wash., last Noyem
ber, and sought to prove their case on
several disputed points by calling Robert
F. Bell, who reported the proceedings in
the Washington court. Connell admitted
that he had these notes. Judge George
held xfhat as Mr. Bell was In Mr. Con-
nell's service and was not the official
court reporter, the stenographic notes
were private property.
Attorney Bowles, for the plaintiff, ques
tioned Connell closely In the morning
about his business relations with F. B.
Clark and Huff in the management of the
Rock Creek saw mill. Connell -admitted
that rhepe was a fire In the saw mill
May 26, five weeks before the fire which
destroyed the mill. Connell heard about
it and questioned Clark, the lessee of the
property, who told him that it had been
caused by a cigarette.
"Did not Gofer tell you," asked Mr.
Bowles, "that there had been a fire, that
when it had been put out Clark saw flro
in the sawdust and told the boj's to go to
bed. as it was none of their business?"
"No," said Connell.
"Did not Clark tell you that he sus
pected Stevens, and was not Stevens dis
charged?" "No. He told me that Stevens was con
tinually prowling around the mill and
smoking cigarettes. For this reason I
paid Stevens oft and let him go."
"Did you not tell Stevens that if he
would help Clark do the mill up you
would give him a ticket to Nome?"
"No."
"Did you have a talk with Clark May
25 or 26 about setting a fire in a slab or
edging pile?"
"No."
"Did you not point out a dry place
where a flro could be started?"
"No. M' aim was to prevent fires."
The affairs of the mill In the latter
part of May and the early part of June
were gone over again without bringing
any new facts to light. Connell adhered
to his previous statement that the letters
he wrote were designed to make Clark
work the mill. On one occasion ho wrote
to Clark telling him that the must do
better or get out. Then Clark'3 arrest at
Stevenson for petty larceny was taken
up.
"When Clark disappeared," asked Mr.
Bowles, "did you not ask Attorney La
Force what'had become of him?"
' Connell answered In the affirmative and
said that he wished to ask Clark about
a claim of $103 30 which a man named
Peters had put In for supplies.
"Did j-ou not know by this time that
Clark was a scoundrel?"
"Well," said Connell. smiling, "I had
begun to find out that he was."
"Did you not know at Clark had
stolen j'our lumber and airis, and that
he had oraeiea the goods from Peters?"
"Yes."
"And yet you wanted to see him and
rely on his statement in jour settlement
with Peters?"
Connell answered that his purpose was
not to rely upon Clark's statement, but
to find out what had become of the sup
plies ordered from Peters.
"When you were at the mill, wore you
not Informed bj- the workmen that tney
were watching the plant to prevent its
being fired before fhey got their money?"
"Yes; but that was after the receiver
had been appointed."
The examination then reverted to Oon
nell's meeting with Clark in Portland
after the fire.
"When did Attorney La Force appear"
on the scene?"
"About half an hour after Clark saw
me."
"Did you ask La Force if the men
(Clark and Hurth) would stay bought If
you should buj- them?"
"La Force started In to give me advice,
and in an off-hand way I asked him
that question. La Force said I could
trust him for that. I replied that I had
never spent a cent for blackmail and that
my hair was getting too gray to begin
now."
"Did you say jou would pay a few dol
lars?" '
"No, sir."
"You heard what La Force said or the
subject?"
"Yes. La Force 13 as big a liar as ever
stood on two feet."
"According to your way of putting it,
everybody who has testified for the plain
tiff In this case is either mistaken or ly
ing." "La Forco is not mistaken. He is
lying."
Counsel for the plaintiff laid great stress
on the fact that Connell did not prosecute
Clark, although he "had abundant evidence
to convict him of grand larceny In Wash
ington, and for bringing stolen property
Into Oregon. Connell said he was anxious
to send Clark to the penitentiary, but
he wished to prosecute on tho charge of
arson, and -did not have evidence- that
would Insure conviction. He admitted that
he did not Jay the matter before Prose
cuting Attorney Bowles, of Vancouver,
until after Clark had seen Bowles about
prosecuting him. Another reason advanced
by Connell was that he did not consider
it possible to get justice in Skamania
County.
"When Mr. Zenor telephoned you that
the mill had been burned, did he not say
that he suspected Clark?"
"He might have made such a state
ment, but I do not remember it."
"When did you first suspect Clark?"
"As soon as I was informed that the
mill had been burned."
W. -L. Chalmers, the Insurance ad
juster, was recalled by the plaintiff to
Impeach Connell's testimony as to the
whereabouts of Clark: after the fire.
Chalmers said that previous to July 11
neither Connell nor Zenor told him that
Clark had been seen in Portland, but that
Connell had said that Clark had gone to
British Columbia. Connell had previous
ly testified that he told Chalmers that he
met Clark in Portland July 5 or 6.
C. D. Bowles testified that he crossed
the Columbia from Stevenson. Wash., to
Cascades, Or., with W. T. Zenor. the
morning after the fire. Asked the origin
of the fire, Zenor said the mill had been
burned for the insurance.
Tho opening arguments of counsel were
made yesterday afternoon. The case will
go to the Jury this afternoon.
Second Verdict for J5000.
For a second time a verdict for $5000
damages has been returned by a Jury in
the suit of William Everett Boyd by R.
B. Boyd, his father, as guardian, against
the Portland General Electric Company.
Tho first verdict for $5000 in favor of
Boyd was cut, down to $2500, and the
Supreme Court recently reversed the case
and sent it back for a new trial. William
Everett Boyd Is a small boy about 12
years of age, and he was severely injured
about the head, and his hand badly
burned, by his coming in contact with a
dangling electric light wire on December
7, 1S97, at Woodlawn. The wire came down
the night previous in the midst of a vio
lent wind and rain storm. The company
contended that there was no negligence
upon its part; that it could not help the
accident, and put the wire up immediately
upon ascertaining that it was down. The
defense was further made that the boy
ought to have foreseen his danger and
guarded against It The trial of the case
was begun before Judge Frazer on Tues
day morning, and the jury retired for de
liberation yesterday afternoon shortly af
ter 2 o'clock, and was out about four
hours. Dufur & Menofce, of The Dalles,
were counsel for the plaintiff.
On Trial for Larceny.
G. Schwartzrock, a former bartender In
the Rhelnpfalz Hotel saloon, was placed
on trial in Judge Frazer's department yes
terday afternoon on a charge of larceny
by bailee of $180, the property of A. E.
Bettles, a mining man from Baker City.
Deputy District Attorney John Manning,
and Charles J. Schnabel, counsel for the
defendant, comnletwi th lootlon of the
jury at 4 o'clock, and the testimony for
the state is about all in. Bettles testified
that on November 15 he gave the money
to the defendant for safe keeping, hav
ing drawn It out of the First National
Bank In the city. John Matthiesen, the
proprietor of the hotel, testified that he
paid the defendant $20 per month and
board, and that he had drawn his salary
at intervals of about every 10 days. The
object of this evidence was to show the
impecunuosity of Schwartzrock, and was
admitted contrary to the objection of de
fendant's attorney. Schwartzrock was ar
rested at San Francisco and returned
hero. One hundred and eighteen dollars
was foud upon his person when he was
taken into custody.
Court Notes.
J. A. Stelger. charged with forging an
Indorsement to a check for $79 and cash
ing the same, pleaded not guilty in tho
criminal court yesterday.
A second part of the suit of C. J. Reed
and D. P. Thompson, as executors of
tne will of John Green, deceased, against
B. G. Whitehouse, is on trial before Judge
Cleland, and will probably last for sev
eral days.
The will of Sophia Morely was admit
ted to probate yesterday. One-third of
the estate is devised to Sarah A. Mulli
gan, a niece, and the remaining two
thirds to Walter Morely, a son. Ho is
named as executor without bonds.
H. S. Rowe yesterday filed his final re
port as administrator of the estate of H.
M. Chase, deceased. The receipts were
$12 277, and there is $3133 balance on hand,
and real estate appraised at $4100. Of the
disbursements, $9000 was paid to Randall
Chase.
Johanna Rummelln, executrix of the es
tate of her husband, G. P. Rummelln, de
ceased, yesterday filed her final report,
showing the pajment of legacies of $UXX
each to Philip Rummelln and Theresa
Rummelln Lange. The widow Is the de
visee of the remainder of the estate.
Edward Cookingham, receiver of the
Chamber of Commerce building, yester
day filed a report for the month of De
cember in the Circuit Court, showing
cash on hand December 1, $20,007 OS; rents
collected, $3902 25; wages paid to employes,
$653; sundry bills, $817 32; cash on hand,
$22,436 74.
Judge George yesterday refused to Issue
certificates of probable cause in the cases
of George Dixon and James L. Warren,
or to stay the order of the commitment of
the defendants to the penitentiary. The
cases will be appealed to the Supreme
Court to have the question of the right
to the Issuance of certificates of probable
cause decided and the attorneys for the
defendants think it best to have the rec
ord appear In this manner. The men will,
however, not be committed to the peni
tentiary now. but will remain here In
jail, the matter being allowed to rest In
statu quo until the Supreme Court de
termines the appeal as to the certificates.
Captain J. A. Sladen, Clerk of the
United States Circuit Court, as special
United States Commissioner, wag yester
day engaged in taking testimony in some
matter connected with the Tyler mine, in
the Coeur d'Alene district, formerly
owned by Portland people, but sold some
years ago to the Last Chance Mining
Companj'. The witnesses examined by
W. B. Hepburn, of Spokane, and J. R.
McBride, as counsel for the parties Inter
ested, were: Donald Mackay, J. C. More
land and Seth L. Pope. From the drift of
the questions asked the witnesses. It ap
pears that the object of the testimony
taken is to show whether a certain mort
gage which was on record against the
Tlyer nilne was a bona fide mortgage, or
something of that sort.
Tho hearing of the contest of the will
of John W. Holman, deceased, by the
second wife, Mrs. Lousetta Holman, is
still in progress before Judge Cake in
the County Court. Mre. Holman avers
that she and her two children did not re
ceive a fair share of the estate, and that
the most of it was granted" by bill of
sale and the will to the children of the
first wife and others. She contends that
her husband on account of sickness, was
much changed, and that undue influence
was exercised over his mind. This is de
nied by the defeidants. A great many
witness, friends of the deceased and
his family, have testified, also numerous
relatives, and some difference of opinion
has been expressed as to what the condi
tion of Mr. Holman was shortly before his
death. Edward Holman, his brother,
tnought he was not entirely tho same,
and Thomas A. Jordan said he did not
observe any particular difference in his
actions. There has been some family dis
cord, which was brought into the case.
W. A. Cleland and C. E. S. Wood are the
attorneys for the contestant, and Charles
H. Carey for the other heirs.
For a. Cold in the Head,
Laxative Bromo-Quinlne Tablets.
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.
GOOD CITY GOVERNMENT
"CITIZENS ARE RESPONSIBLE,
SAYS MB. TEAL.
In a. Social Science Lecture He Ad
vocates Municipal Home Rule
and Independent Politics.
A cultured, thoughtful audience assem
bled In the chapel of the Unitarian
Church last night, to listen to a lecture
bj- J. N Teal on "Self-Government in
Municipal Affairs." The lecture opened
this season's social science course, and
Is a good augury of the intellectual good
things that are to follow.
Dr. T. L. Eliot spoke a few words of
welcome In introducing the lecturer, and
referred to the good educative results that
had followed the lectures of other Win
ters, In Inspiring the young people to
think and read for themselves. He was
sure that Mr. Teal's lecture would Inter
est them more in problems affecting civic
government.
The central Idea of Mr. Teal's address
was the personal responsibility of the In
dividual for the success or failure of the
city government. In opening he detailed
the experience of ancient cities In self
government, and then took up the problem
In American cities. He vigorously advo
cated municipal home rule, and the sep
aration of municipal politics from Na
tional and state issues. In part, he sold:
"Generally speaking, American cities are
public corporations, full or quasi, and are
created by the Legislature and usually
endowed with power to decide and con
trol local matters. In a way, they are
small. Independent republics. It is out of
this power and constant meddling of the
Legislature, which grows the great ques
tion of real self-government In local af
fairs. Broadly speaking, tho theory on
which city government is based Is that
In local affairs the citizens of the respect
ive cities shall control, subject only to tho
constitution and general laws of the state.
"It is my belief that good government in
cities is not possible except under these
conditions:
"First Absolute independence of Legis
lative control in so far as that control
touches local matters only;
"Secondi A complete severance of city
politics from those of the Nation, and
state.
"The unit of the Nation or city is the
individual, and unless each individual
feels a direct and personal responsibility
in all governmental affairs, he is not a
good citizen. Here as elsewhere in life
this responsibility develops manhood, and
a failure to feel or use It operates detri
mentally. The usual point of departure
from the principle of local self-government
is generally found at tho creation
of the city. The breath of life is breathed
Into Its nostrils by men unfamiliar with
its wants or out of sympathy with Its
aspirations, the majority of whom are non
residents. Its organic act is more often
than not made the football of political
factions, and Its provisions framed for
some possible advantage In state or Na
tional electiom, instead of the city'f. local
needs. This result necessarily follows
when the Legislature is the power not
only to grant the right to have a char
ter, but to formulate it and prescribe its
terms as well. It Is the necessary and
natural result of such a system, and tho
only wonder Is that people have borne
with such an anachronism so long as they
have.
"What greater travesty of charter-making
can be found than our own experi
ences show? I think I am safe in say
ing that experience has demonstrated that
the best results follow centralization of
power, and making the man endowed with
this power responsible for results. Can
anj- on tell me what principle Is behind
the last charter? It pretends to place the
responsibility in the Mayor, it pretends
to put him In a position where he can
enforce and cam out some policy, and
yet he is practically powerless. He can
arpolnt Police and Fire Commissioners,
who have sole, exclusive charge of those
two departments, but he cannot remove
them. He can appoint members of the
Board of Public Works, but he cannot
remove them. If he makes a mistake In
his appointments, he is powerless. The
Chief of Police is made a perpetual mem
ber of the Commission, which Is supposed
to control him, and he passes In judgment
and reviews his own acts. The city gov
ernment Is cut up into many Independent
commissions, some self-perpetuating and
non-removable, responsible to no one, and
maybe out of harmonj with all, with no
nope of a change, until another Legisla
ture. In which case the needs and desires
of a great city are made subordinate to
tho desires and wishes of some self-seeking
politician. This is the latest and best
fruit of the tree of charter-making in our
orchard, so full of Dead Sea fruits.
"The history of the charter-making of
our city for the past 15 or 20 years has
been enough to make every believer in
good government weary and sick at heart.
"As faction has succeeded faction, each
in turn has used its legislative powers in
some way through the city charter to
make its power secure and its hold on the
offices firmer. Portland, Its civic life and
development, has been bandied back and
forth like a shuttlecock, the favored few
onlj' knowing what the charter was to be
until the Legislature adjourns. This man
ner of dealing with the city has almost
demoralized our people. It Is based on
the idea and lack of principle that the
people who have made the city do not
know what they want, or are not wise or
virtuous enough to legislate for them
selves. We have 90 members In the Legis
lature. A few come from Portland. Gen
erally, they are named by a few men. The
seeslon lasts 40 days. There is neither
time nor Inclination to discuss city affairs.
About 75 of the members neither know
nor care anything about it, except in so
far as threatened votes for or against the
proposed charter may influence the votes
of our own members. In the meantime a
charter has been prepared by some Indi
vidual who has more in mind his con
tinuance in power than the good of the
cltj It is presented to the Legislature,
given no consideration and passed, and a
city of 100,000 people meekly submit to
laws, duties and obligations of which they
Borden's Condensed
vi '
V-
;1M 5l$ft&hire c
ijr O OUIe.
pOfttEN 1
EAGLE IK BRAND
40YEARS fr " SEND for
.. .E rft&t rci- alt & "BABIES"
wuKLua VMiHEVinr'siiiiam unn ii a pnnwpno
VORITE "UCnOtU I'" MOTHERS
I . . ftH&h r ti. - V I
I jfjn- rzml kJCii' I iiIml
1 13rsgtMzu&2Z--ti
Cures Asthma
C-' i ' '' -.. .'-im.ii TiBfBBME
Do you know what it is to
have the asthma? Or have
you ever seen one suffer with
it ? The hard struggle for air,
the spasmodic breathing, the
nights spent in the chair, all
tell a story of terrible suffering.
er s
Pectoral
certainly cures asthma; also
bronchitis, hoarseness, weak
lungs, whooping-cough, croup,
winter coughs, night coughs,
and hard colds.
Three sizes: 25c., S0c, $1.00.
If your droggii t cannot supply you, send us ono
dollar and it will express a large bottle to yon,
all charges prepaid. Be sure and jrtTO us your
?ere.'.t 'P office. Address, J. C.Arra Co
Iowell, Has.
had as little knowledge, and over the pas
sage of which as little control, as a FIJI
Islander and this Is local self-government
as wo understand it here in Oreg:n
at the opening of the twentieth century!
"The rights and powers of the city are
curtailed, favorites rewarded, commis
sions and offices created. Its natural as
pirations and desires thwarted, even Its
very life threatened, and the citj pow
erless. The only remedy, an election two
years distant and another Legislature.
You ask, Is there a cure for this first and
greatest evil? There is, and a simple one,
and if our legislators had been as anxlo js
for the city's welfare as they were for
their political preferment, this evil would
have long since been done away with. A
constitutional amendment should be sub
mitted to the people recognizing local
self-government, prohibiting special legis
lation, granting to municipalities the
right to formulate their own charters, an I
providing for their going Into effect when
ratified by the votera.
"What is wanted, what mu3t be had if
we are ever to have good government, is
personal responsibility from the grojnl
up personal responsibility on the voter
and on the official. Without It good gov
ernment is hopeless. Mora and more In
stead of the 'good citizens' taking an In
terest in their city affairs when they
should, has the habit grown to appeal
to the legislature for relief until now It
is a positive disease, and the system so
fixed in the body politic tliat an app l
has become a necessity. The city should
be allowed to Bhapo its own destiiy,
carve out its own future. Its people
should formulate and adopt Its own laws
suited to their desires and Its condition
without tho aid or consent of any other
people than its own. They know its needs,
opportunities, desires, and capabilities.
They suffer for the mistakes. They pay
the taxes. Mistakes may and will bo
made, but the mistakes will be corrected
rectedand In the end will In themselves
lead to better things. l is certain If we
take no responsibility wo will retrograde,
if wo learn to lean on others Instead of
ourselves dry rot and corruption will fol
low and when the time comes to defend
our rights and liberties-we will findt by
non-use we have practically lost tho
power to correct the evils of which we
complain.
"It would hardly seem, to need any ar
gument to show that our city elections
should bo on a different date from either
state or National. Tho questions to be
passed upon are fundamentally different.
Our city affairs are like those of our
family, and as housekeeping on a large
scale. We are constantly in touch, with
them. The stato government Is quite dis
tinct. Washington Is to all Intents and
purposes as far away as London. Directly
as respects ourselves a good Mayor, a
clean and efficient Council is vastly more
important to us personally than the elec
tion of a President. Why should the
tariff question, tho money question, or
any other question bo predominant at a
city election? What Is wanted Is clean,
efficient men to All our offices and pass
on our local needs. Wo want wise econ
omy practiced, in city affairs. Wo want
good streets, good water, cleanliness and
healthfulness. In a word we want our
local Interests subserved.
"The words of Demosthenes have a
fitting application:
" 'If you get rid, all of you, of the
spirit of evasion: if each man will show
himself ready to act whenever duty calls
him, and he con possibly render service
to the state; if you oro willing to de
pend on no one but yourselves, and will
give up, each of you, hoping that he can
remain idle while his neighbor does every
thing for Mm, then I eay, you will coma
to your own.' "
Three Juries- Busy.
Since Tuesday three Juries have been
engaged in the trial of cases in the State
Circuit Court, constituting 38 men. Tho
regular panel of jurors was for 43 men.
On the opening day of court quite a num
ber of Jurors were excused, and a special
venire to fill the panel was issued, result
ing In the following additional Jurors be
ing obtained: B. L. Stone, C. Schulenberg,
Joseph Marock, M. Rickert, A. H. Bell,
Isaac Hill, Fred Benflela, C, P. Penlston,
J. Alex De France, H, S. Stone, Jacob
Johnson, L. Wllhelm, Aloys Harold.
The following Jurors were yesterday ex
cused by Judge Sears for the term, for
various reasons: Peter Paulsen, Henry
Roth, E. R. Bow, John M. Cress, Thomas
N. Dunbar, W. W. Bretherton and James
Gebble.
J
Milk eo.NcwYoRk.
3
Th last Peeks
in the Country recognize the
superiority oi
3
THE ORIGINAL
WORCESTERSHIRE
BEWARE Or IMITATIONS
For Clause- Stealer. Dnnrt. ern,,
and every varlelv ef mnda dlsha.
Ay
S3 E$ IF" PS 9ra E ftB ?
BmJ wtsp m fi3MiZ lk lj nran sa
W HIIIIhIIII V
SAUGE
7-&rrtl3 i, B,ot invaluable.
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f