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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Jan. 24, 1901)
THE MOKNESG OREGONIAN, THURSDAY JANUARY 24, 1901. EAST SIDE SCHOOL Directors Prepare for Work on Central Building. STREET EXTENSION PROPOSED Site "Mo.t Be Reserved for a 'High School, Which East Side People Think Ther "Will Xeed "With in Five Years. The school dlreotors have already taken steps for the completion of Central school house, on the East Side. Yesterday, Architect R. H. Miller measured the ground, and -vrill proceed -with the details of the plans, -which were prepared about 2 years ago. A four-room building was erected two years ego on the block facing Bast Alder street, and is in use. This an nex Is a part of the 18-room. school. The -ventilation and heating of the annex arc the same as in the Holladay and Thomp son schools, and there Is the same ar rangement of windows, so few. If any, changes will be required in the plans as originally drown. Both the Thompson and Holladay schools seem to give satisfac tion, though a few are disposed to find fault with the heating and ventilation. The district owns two blocks, bounded by East Stark, East Aldor, East Thir teenth and East Fourteenth streets. It is proposed to place the grammar school hcuse on the south block, facing East Alder, and reserve the north block facing East Stark street for the erection of an East Side high school within the next five years, as it is felt that the "West Side High School is overcrowded, and will have to be relieved ere long. Besides, the East Side how. furnishes a large number of the High School pupils. The project of opening the streets through the four blocks, of which the echcol district owns two, between East Twelfth and East Fourteenth and East Stark and East Alder street, will now come up. The owners of the two west! blocks probably would not object to open ing the streets so as to give access to their property, but many favor keeping East Washington street, which, if extend ed, would separate the school blocks, closed, so there will always be a solid school ground the grammar schoolhouse on one block and the high school on the other. Property-owners east of the grounds are anxious that East Washing ton street should be opened. East Thir teenth is closed from East Stark to East llorrison. It has been proposed that East Washington be opened from East Twelfth to East Thirteenth, and East Thirteenth be opened from East Stark to East Alder. ThlB, it is thought, will give access to the school-ground from all directions, and yet not open a street between the two school blocks. The old bullding.stands In Easi Washington street, and takes some of the area of the south block. It will have t'J "be moved to make room for the proposed building. When the new Central school building is completed, it will be renamed. CON CERNING COMMON-POINT. A Topic "Which Hns Been Dlncusscrt Before. PORTLAND. Jan.15. (To the Editors Inland Farmer. In a letter to The Ore Ionian of December 39, rather singles mo out for a target to flre a long list of Imaginary conclusions at. I have never thought, said or written, nor I do I be lieve that either Portland Seattle, Ta coma or Spokane will ever be Injured In any way by allowing the great country drained by the Columbia River to ship Its products by the easiest land route to the cheapest and best seaport; but, on the contrary. I believe that the completion of the Jetty at Astoria, the deepening of the channel to Portland, the opening of the Columbia by locks var Celllo. with other necessary river Improvements through as far as Lewlston. and the rec ognition and utilization of our best sea ports right at the ocean, will open the easiest way to tide water, and stimulate and develop our agricultural interests; "make more wheat grow," and bring more men and capital into the country. Such a broad policy will give the railroads more business, build up our prosont cities, Just as the opening of all the ways to market made the Middle West so pros perous and productive, and created the great cities of that section, Chicago the largest of them all. This is not a prop osition to Injure or move any city, or to harm any of the railroads. Nothing that tendes to build up the farming country will hurt the transportation lines, but, on the contrary, helps them. Inland Farmer is under the impression that the maritime commerce reaches New York City via Long Island Sound, when the fact Is that via Sandy Hook Is the route that the trans-Atlantic vessels take either to or from New York, and New York, via Sandy Hook, is Just 10 miles from the ocean. The reason Port Town send and Port Angeles, or any other har bor on the west short of Puget Sound cannot be a successful railroad ocean ton nage terminus is because the railroads would have to be built around this "in land sea," from Seattle, via Olympla on the south, and then north along Hood's Canal, practically going the full length of the Sound twice; viz., first south on the cast shore, and then north on the west shore. In order to reach by rail Townsend and Angeles. Inland Far mer can now understand why the harbors on the oast shore of Puget Sound are the railroad terminals, and must always be so. Also why Astoria's position is not like Townsend or Angeles, and Is superior to them. It Is no farther from the wheat belt. Via the Columbia River, and on a down grade to Astoria, than it Is over the Cas cade Mountains, and on an upgrade to Seattle or Tacoma. Then why should not the river road haul the ocean tonnage downgrade. Just as great a distance as the Northern and Great Northern do up grade, and for the same rates, especially ivhen, by doing so, a port is reached that has only 20 miles of towage against Port land's 200, Seattle's 309 and Tacoma's 350. In the ratio of distance Astoria should have towage rates 1-19 of Portland's, 1-16 of Seattle's, and 1-17 of Tacoma's. The river route would not be injured by making delivery to its own seaport at the mouth of the Columbia, as cheaply as do Its competing lines to any or all of their Puget Sound ports. Now comes Inland Farmer's most In consistent demand. He wants an open river. Why does he want .it? To get lower rates; that's 'the logical reason, and that is right; but he objects to ex tending the common point to Astoria be cause that would make the O. R. & N. Co haul 100 miles farther without any compensation; but he would have the Federal Government spend Jl.000,000 to build locks at the Celllo Rapids, which, when completed, would probably cut O. R. & N. rates in two in the middle. I don't think Inland Farmer is a farmer, but I believe he writes the stuff he does to mislead the farmers, and that he has not an acre of land, either wild or culti vated anywhere in the world. To show this charge Is unjust, lot him come out In a letter to the Oregonlan, over his true name. Just as the rest of the debators in this very Important discussion have done, and will do. Such railroad men as S. H. E Clark, ex-president Union Pacific Railroad; Mr. "Winters, ex-president Northern Pacific; the late C P. Huntington, James J. Hill, C. S. Ifellen, and hundreds of others less distinguished, have examined the condi tions or familiarized themselves with the advantages of the harbor at . the mouth of the Columbia River, and pro nounced it the "ultimate and inevitable seaport of Oregon. Washington and Ida ho." It Is the only gravity route these states have to a harbor right at the ocean. In all this discussion not one single rail road man has published a word, or made an argument against Astoria's ad vantages over all the other seaports of the Pacific Northwest, and I again as sert, that the mouth of the Great Co lumbia is the exact counterpart in sit uation, to the mouth of the Hudson. The seaports and the rivers of the world were created, when the Lord made the earth, their location, like the moun tain, is Immovable. Their utilization only Is under man's control, and if As toria is not the best seaport to handle the in and outbound tonnage of the Co lumbia River Basin most cheaply, then New York and San, Francisco's great maritime trade is being handled at the wrong ports, and all the railroads that reach these two seaports, right at the coast, are also wrong or, in plain Eng lish, it Is contrary to the laws of com merce to haul down hill to a seaport that has the least towage, but is cheaper to I haul upgrade over the mountains to ports with the most towage. Which is the cheapest? What does common sense show Inland Farmer or any one else Is the best way to market? Let 'him, over his own signature, tell the readers of The Oregonlan, why the railroad that follows the Columbia River on a water level route to the seaport right at the ocean, should not make Astoria a common point with Puget Sound ports. How could this, or how would this, hurt the fanner or any city in the Pacific Northwest? If Seattle had Portland's opportunity to throw wide open the Columbia River gateway, it would be done at once, and the ceaseless flow of the Inland Empire's traffic would hereafter and forever fol low the river to the sea through nature's highway, the right way, the cheapest way, the way that would make the country most prosperous, the farmers richest, the cities greatest and the rail roads busiest. L. B. SEELEY. NEEDS OF A TRESPASS LAW. Another Farmer on the Game Situa tion. HARRISBURG, Or., Jan. a. (To the Editor.) What is the matter with the Ore gon Fish and Game Association? -Why don't they answer Farmer Powell's letter? It seems they have made no attempt yet, and the only conclusion that we can draw is that Powell's argument is unan swerable. In our estimation he is right In every particular. We should allow the sale of our game, provided we allow it to be killed. Whenever It is too scarce to admit of being sold, it is also too scarce to be killed. In that case we should have a close season until It becomes plen tiful. There Is no excuse whatever for prohibiting the sale of Mongolian pheas ants. They are abundant today, compared with one year ago. We had the largest crop of birds last year that has ever been known in the Willamette Valley. Should this serfson prove favorable, there will be a half mllllan surplus of these birds. If the Portland sportsmen have the pro tection of game at heart, they should stop the slaughter of ducks. A limit of 50 Is no limit at all. The sportsman who wants to kill 50 ducks In one day should never accuse any one else of being a game hog, or a pot hunter. Within the last five years the supply of ducks has de creased one-half In this part of the country- What Is the cause? It is because the city sportsmen are killing too many. They bait the ducks and slaughter them by the wholesale. One Portland hunter will kill more ducks in one day than the average country boy will kill during the whole shooting season in Linn. County. The shooting season on ducks should end by February 20. as the mallards begin to mate by that time. They are not fit to eat after that. Game should never be killed for sport alone. Let us protect the game for the food it furnishes the people, and not for the sport it gives to a lot of selfish shooters. Like Powell, I am a farmer, and have a surplus of birds on my farm, but If I can't sell that surplus, I will eat it. Should the Oregon Fish and Game Asso ciation get the law its way, we farmers In the Valley should promptly refuse to allow them to shoot on our lands. With a good trespass law there is no danger of exterminating the Denny pheasant. E. J. NIXON. DR. J. HENRI KESSLER. One of the busiest institutions in tho city is the St. Louis Medical and Sur gical Dispensary of Dr. J. Henri Kessler, 230& Yamhill street. Dr. Kessler has been manager of this institution for over 20 years .and has obtained a wide repu tation for success and fair dealing. He makes each case a subject of special study, and Is thus able to give it the proper treatment from the start. The range of disease and aliments treated by him is wide, embracing nervous debility, women's diseases and physical troubles of all kinds, varicocele, contagious blood poison, catarrh, bronchitis and affections of the throat, and all reflex diseases. One of the advantageous features of Dr. Kess- ler's practice is that all consultation Is free. For all the afflicted, no matter what the nature, his examination a-:d opinion arc given gratuitously. If there Is no hope he will honestly say so. His terms are reasonable In all cases, and especially low to those getting small wages, or of limited means. If desired payments In monthly Installments can be made. Dr. Kessler makes the remarka ble statement that no poor man or wom an was ever refused treatment at his hands because of lack of money. The establishment is thoroughly up to date In Its methods, and complete and modern In Its equipment and facilities. Every thing that is latest and best in electrical, medical and surgical appliances is at hand. Particular attention Is given to inquiries received by mall, and to patients coming from out of town. Special ar rangements are made for ladles coming from the country, with private family or rooms to suit. In such cases Dr. Kessler should be written to first, so that suitable arrangements can be made be forehand. PERSONAL MENTION. B. B. Sanborn, a Walla WnHa merchant, Is at the Perkins. George B. Blanchard, a capitalist of Tacoma, is at the Portland. W. S. Byers, a flouring mill man of Pendleton, is fit the Perkins. County Judge R. P. Bird, of McMInn ville. Is registered at the St. Charles. Ex-Governor Z. F. Moody, . of The Dalles, registered at the Imperial yester day. C. L. Smith, of St. Paul, Minn., lec turer of progressive farming, is at the Imperial. Hugh Glenn, a well-known business man of The Dalles, registered at the St. Charles yesterday. WASHINGTON, Jan. 23. H. F. Gulllx son. of Spokane, forme'rly of Portland, called on members of the Oregon and Washington delegations today. NEW YORK. Jan. 23. Northwestern people registered at New York hotels"to day as follows: From Portland E. D. Ballis. at the Grand: S. Z. Mitchell, at the Albemarle. From Spokane-J. W. Stuart, at the Em pire; O. L. Kankln, at the GllEoy. From Seattle D. E. Frederick, at the Imperial: A. Corcoran, at the Grand Union; J. R. Laue,, at the Gllsey;' A. A. Crogin, at the Albert. SPICER ASKS ACQUITTAL HIS ATTORNEYS ALLEGE ' INSUF FICIENCY OF EVIDENCE. Defense la That Splcer Gave Notes to the Moscow Banlc for Money He Borrowed. At the conclusion of the evidence for the prosecution in the case of William E. Splcer In the Criminal Court yesterday a motion that the Jury be instructed to re turn a verdict of not guilty because there was no testimony showing that the wheat in question was the property of the Spokane & Eastern Investment Com pany, was argued by Ed Mendenhall, one of the attorneys for the defense. Coun sel contended that Splcer was in posses sion of the property and was its owner, and that It had never been out of his possession. He said the statute contem plates that a man must be a warehouse man receiving the property of others, and a man could not be a warehouseman of his own property. The intent of the stat ute is that a person should deliver grain to a warehouse for storage and obtain re ceipt for It, and the Spokane & Eastern Investment Company, it was asserted, did not do such a thing in this case. The re ceipt, it was argued, was merely held by the bank as collateral. The attorney submitted the only authority which ho said he had been able to find on tho sub ject, and said that there was none, to the contrary. Russell E. Sewall, special attorney as sisting the District Attorney, argued that Mr. Mendenhall was entirely mistaken as to his construction of the intent of the statute, and said there was an Oregon de cision in point, but which Mr. Menden hall asserted does not cover the ground. Counsel promised to submit their author ities and Judge George will pass upon the motion this morning. The line of defense yesterday was that Splcer gave notes to the bank for the money he borrowed, and the receipt for the wheat was merely a memorandum, and he had a right to sell the wheat. R. D. Miller, manager of the Moscow branch of the Spokane & Eastern Invest ment Company, occupied the witness stand most of the day. On direct exam ination he told the following story, after reciting various preliminary matters: "In January, 1S00, Mr. Spicer came to me In Moscow Nand wanted to know if he could borrow some money, as he wanted to purchase some wheat. I told him that It could be done, provided he would turn over to us tho warehouse receipts as fast as he bought the wheat and stored it. Considerable wheat was purchased and the receipts given to the company. Final ly Mr. Spicer told me he wanted to re move to Portland on account of his wife's health and that he would like to remove the wheat, as it would save the cost of storage, being in his own building. I agreed to this, under the circumstances as at first, that he would give us a re ceipt and turned the old receipts over to him, so that he might have the wheat moved. "I came to Portland In the latter part of January, after I supposed the wheat had been shipped, but found that only one or two cars had arrived. Mr. Splcer Informed me It would be marked sepa rately, with the number of the car marked on the bag so as to Identify It, and also that he would send the receipt as soon as all of it arrived, which he did." The witness was then asked about the place of business of Splcer on Bast Washington street, to contradict the statement of the defense that it was a mill and not a warehouse. He replied that Splcer told him he was going to run a warehouse and already had some oats stored: that on the roof was a sign, "Storage." Continuing, Mr. Miller testi fied: "In the early part of September Splcer came to Moscow and told me he was going East to raise money, if possible, to pay off the Indebtedness he owed the bank. I Informed him I would be In Portland In a little while, and for him to wire me what success he had. Just after the carnival,' I came to Portland and went to the warehouse, but did not see Splcer. The wheat was gone from the warehouse and C. M. McKlttrick In formed me it had been taken to the Portland Flouring Mills 2 months before., I afterwards telephoned Spicer at Mos cow and he said he would telephone the mills to sell the wheat and turn the money over to me. I went to see them, and they had received no order. I tele phoned to Splcer again. He promised to attend to It, but did not. I looked into the condition of affatrs and found he had no wheat on which he had not drawn. His account was overdrawn sev eral thousand dollars. I notified him what I had learned." The cross-examination of the witness by Mr. Mendenhall was long, and tilts with District Attorney Chamberlain were frequent. Mr. Mendenhall produced a number of notes, ten in all, amounting to $5000, which he had the witness read, and the notice of their payment. The notes were made by Splcer in January, 1900. The state's counsel objected to the notes being introduced in evidence. Mr. Mendenhall answered: "We promise to show that this company took every cent this man had, and now wants to send him to the penitentiary." The District Attorney denied this and followed with a caustic remark, and the retort came from the opposing counsel: "That is about the size of the prosecu tion." "That is about the size of Mr. Menden hall," answered the District Attorney. "He is making these remarks for the benefit of the Jury and he ought to be reprimanded." Judge George said he would decide all objections. The arguments were con cluded and the notes were admitted In evidence. On further cross-examination Miller said receipts were returned to Splcer for the purpose of allowing him to ship the wheat to Portland. The value of the wheat was $1049. Splcer made no denials, but he found Splcer did not always speak the truth. The receipt concerning the transaction on which this case Is based was again called up. The receipt reads as fol lows: "Portland. Or., February 2, 1900. Re ceived in store for Spokane & Eastern Investment Company, Moscow, Idaho, seven thousand two hundred thirty-one bushels wheat, subject to order of said company. W. E. SPICER. "Per C. M. M." Indorsed on the back of the receipt Is the number of each car and number of bushels shipped In each. Mr. Mendenhall Did you receive a prior receipt from Spicer for 1917 bushels of wheat; part of this same wheat? "No, sir; I did not." "Did you receive a receipt In January, 1900, for part of this same contract?" "No, sir." "Do you remember Splcer buying any of this wheat from Spottswood & Beach?" "I don't know that I do." "Were not you present when it was bought?" "I have been In his office a number of times, but paid no particular attention to what he was doing. He might have been buying wheat. "Did you notice what kind of wheat he was buying and ask what he was going to do with It, and did not Spicer say he was going to take It to Portland and sell It for feed?" "No. sir." '"Didn't you say it was a good way to dispose of that kind of stuff V "No. sir; nothing of that kind." "Did the bank ever stand any losses on any of the wheat purchased by Splcer I mean any of the wheat, including the wheat in controversy?" "What do you mean did we agree to stand any losses?" "Did you stand any loss?" "No, not yet, except the, wheat that disappeared." "Did you ever pay for hauling any of this wheat?" "The wheat was in the warehouse. There was no hauling to be done." "Did you pay for tranferring tt to the cars?" "No." "Drayasre, or truckage?" "No. We never did. He never asked us to." "Who paid" the freight on the 7231 bush els named In the Indictment? "Mr. Splcer." ' The witness denied that he told a man named Bend, or that he sent anyone to Splcer-to tell him. It he would turn over his Moscow property, pay ?2500 and $1000 every four months, he would drop the case. He also denied that he caused an article to be sent from Portland which was published In the Idaho Star con cerning Splcer, two days after Spicer was indicted, and several days before the warrant for the arrest of Splcer had been returned. Miller said he was not on speaking terms with the editor of the pa per at that time, and denied that he had a mortgage on the plant. On redirect examination witness was asked if his company ever gave Splcer permission to sell the wheat, and he answered, "I think not." Mr. Holcomb, a canneryman, was called to show that Splcer conducted a warehouse. He testified that they had cans unloaded from the cars there last Summer and put in crates. They did thslr own work and paid for track hire and space. J. B. Gilbert testified that from what he had seen he believed Splcer did storage business. G. W. Simpson and B. Allers both tes tified on this same, subject. H. H. Newhall, an East Side banker, called to prove that Splcer ran a ware house, turned out to be a good witness for the defense. He said that he left wheat there held by him as collateral security, and Splcer always paid as he agreed to what he had borrowed. C. M. McKlttrick, who was bookkeeper for Splcer, was called by the prosecution and asked relative to the sending of the wheat to the Portland Flouring Mills. He answered that one car was sent there. Mr. Chamberlain became excited on hearing the answer, and asked the wit ness sharply if he did not testify before the grand jury that all of the 7231 bushels had been sent to the Portland Flouring Mills by order of Spicer. Mr. Mendenhall interposed the objection that counsel could not Impeach his own witness.. Mr. Sewall, In response, explained that McKlttrick Is a son-in-law of the defend ant, and was not a friendly witness for the state. The court allowed the question, and Mc Klttrick answered, "No, sir." Mr. Chamberlain You now say only one car? "Yes, sir." "Are there any books showing what be came of this wheat?"v" "I could not show what became of every ton or sack." "Can you produce the books?" "Yes. But they "wouldn't do any good. Some wheat was sold for cash." "Can't you tell where the wheat went?" "No." Mr. Mendenhall The wheat was infe rior, and you sold It whenever you could and got rid of it as best you could for feed or anything else?' "Yes." After considerable argument over an ob jection by the District Attorney, the wit ness was permitted to tell under what ar rangement the wheat was shipped here. He said the arrangement was that the wheat was to be shipped here and placed In the house, and as soon as the machin ery was placed, and the wheat was put In such shape that it could be sold, it was to be disposed of as fast as possible Dy Mr. Splcer. J. A. Haseltlne. -who was a member of thojgrand jury, testified that in his recol lection, McKlttrick testified before that body that all of. the wheat was sent to the Portland Flouring Mills. DAILY CITY STATISTICS. Marriage Licenses. O. F. Cook, aged 31, Helen M. Gateley, aged 24. Alexander M. Muir, 30, Whatcom Coun ty, Washington. Olive Hartley. 39. Andrew Nelson, 27, Emma Louise Wil son, 27. v Birth Returns. January 21, to the wife of John Turner, a boy. January 17, to the wife of Cragton S. Andrews, a boy, 44S East Market street. January 20, to the wife of Lo Yow, a girl, 22 Second street. January 16, to the wife of Edward H. Schmidt, a girl, 408 Harrison street. January 12, to the wife of Charles In graham, a girl, 647 First street. Death Returns. January 21, Emma Krauter, 226 Bassalo street, age 20 years; septicalmia. Hong Tal, 87 Second street, 40 years; pneumonia, the grip, and neglect. Mrs. Ann Crocker, 1348 Macadam street, Fulton Park, age 77 years; senile debil ity. Contagions Diseases. Howard Langdon, 662 Gantenbeln ave nue i diphtheria. Francis Joseph, 554 Johnson street; scar let fever. E. S. Shankland, 602 East Eighteenth street; diphtheria. Ruby McKlnnon, 146 Sixteenth street; scarlet fever. Helen Tuter, 694 Flanders street; scar let fever. Lillie Thomson, 502 Starr street; scar let fever. Building Permits. John Foott, two-story dwelling. College street, between Ninth and Tenth; $1SOO. Joyce Bros., one-story cottage. Grant street, between Third and Fourth; $500. Real Estate Transfers. Richard Nixon, receiver, to H. A. Plt tlnger. lot 8, block 10; lots 4 and 6, block 15, Lincoln Park, January 23..$ 1 Alex Mulrhead and Samuel Mulrhard and wife, to Martin Kronerberg, 1 acre, January 21 20 Catherine Thoma to F. H. Wehtje, lot 19, block 34, Albina, January 22 1 Louis Nlcolal and wife to H. Witten berg, block A, Irvlngton Heights, November 27 1 Amos Bulrgg and wife to David Mc Keen parcel land about 64x290, East Morrison and East Twelfth streets, December 24, 1900 1000 Lalla D. Thomas et al. to Mattle Glover Hughes, lots 1 and 2, block 7, Mount Tabor "Villa Annex, Jan uary 10 4S0 J. A. Strowbrldge et ux. to Charles Harsch, south 25 feet of lot 7, block 112, Stephens' Addition, January 21. Sheriff, for W. W. Sapulding et aL, 2S5 to Title uuarantee & xrust uo., lot 11, block 13; and lots 6 and 7, block 12, Fulton Park. January 17.. 350 Washington National Building, Loan & Investment Association, to Chris tian Hanson, lot 3, block 18, Tib bett's Addition, January 21 170 William Bolton and wife to J. C. Hall, 19& acres, section 35, T. 1 N., R. 3 E.. January 5 2000 A. F. Catching to Millie Clark, lot 5. block 11, Willamette, January 5 1 Dlna JJauton et ai.. to a. juargunes, lots 43 and 44. block 1. Mount Tabor Place, January 23 1 Anna ana J. itoDison u r. tu. linge, 25x0. In lot 4. block H. Caruthers' Addition. January 23 1000 O. Bassett to W. M. Kucker, lots 16 and 17. block 70, Peninsular Addition No. 5, January 23 100 Theatrical Managers Incorporate. ALBANY, N. Y.. Jan. 23. The Mana gers' Association of America, an organi zation of theatrical managers, has been incorporated here. Its objects are the mutual benefit and protection of its mem bers. Its principal office is to be located In New York City. The directors are: Gus Hill, Hollls E. Cooley, Henry Myers, Julius Hurtlg, Thomas W. . Broadhurst, Aubrey Mlttenthal, Bernard A. Meyers and Ernest Shlpman. of New York, and Lincoln J. Carter, of Chicago. SiDOW LOSES HIS CASE DR.. PARKER GETS JOTXSMENT FOR $35 MEDICAL FEES. Testified Thnt His Patient Had De lirium Tremens, and Imagined That He Was Abused. The case of Dr. Thomas Parker against A. F. Sidow, to recover $35 for medical at tendance, went to trial yesterday before Justice Vreeland. Defendant appeared by George Shepherd, his attorney. Sldow, in his answer, made a counter claim, of $C9 for damages alleged to have been suffered by reason of the boasting and talking of Dr. Parker. Sldow admitted that the medical attention he received was worth $14, which he was willing should be de ducted from the amount of damages he asked for, leaving a balance of $23 due him. Dr. Parker was the only witness. He testified that he found Sldow suffering from delirium tremens, and gave treat ment accordingly. While in that condi tion, Sidow imagined oil that is set out In his answer. Sldow's mental condition, said Dr. Parker, was such that every thing he saw was highly exaggerated and distorted. Justice Vreeland, after hearing the testimony of Dr. Parker, thought he had earned the full amount claimed, and gave him judgment for $35. Boys Br I sade Armory. Fowler, Rigby & Wilson have the con tract for the erection of the armory and drill-hall for the Sunnyslde Boys' Brigade, on East Yamhill street, between East Thirty-fourth and East Thirty-fifth. Some time ago the W. C. T. U. building, which stood on the corner of Belmont and Ea6t Thirty-fourth streets, was moved to this location, and has been used as the quar ters of the brigade. The lot was secured through W. O. NIsley, who has general charge of the organization. Through his effort, and assistance from the boys, the erection of the armory has been made pos sible. It will be 45x65, and the celling will be 14 feet high. The roof will be support ed by trusses. These trusses will rest on posts, 6x6, placed along the sides of 'the building, leaving the floor space clear of obstructions for drilling. For the present, the outside will be sided up, but after wards the hall will be celled or plastered. The cost of the armory will be about $S0O. Enit Side Notes. C. W. Gay, of Mount Tabor, has re turned from a two weeks' trip to Califor nia. Considerable Interest is taken in the special revival at the Sunnyslde Meth odist Church. The attendance is large. The Baptist Church at Montavllla has been greatly improved lately. A tower 55 feet high has been erected, and a room 20x12 added. These Improvements have been paid for. Rev. N. S. Holcroft is the pastor. Burglars attempted to rob the house of A. Tennis, Mount Tabor, Saturday night, but were frightened away. They entered the house through a back window. Mr. Tennis heard them and got his pistol, but made so much noise that they escaped. TO AMEND MINING LAWS. Senator Stewart's Bill for Change In Mode of Locating Clnims. WASHINGTON, D. C, Jan. 18. Senator Stetwart, of Nevada, has introduced a bill to amend the mining laws of the United States In relation to the location of mining claims, which, if it could be come enacted Into law, would have the sanctibn and approval of a large number of miners throughout the West. Senator Stewart's bill provides as follows: "That no person shall locate a mining claim as agent or by power of attorney for another, except as hereinafter pro vided. "No person shall locate more than one placer mining claim in the watershed of any stream or creek In the same min ing district, nor shall any person locate more than one claim on the same vein or lode; provided, that any citizen of the United States or person .who has declared his Intention to become such, may, after tho discovery of ore at any place In a lode or mineral In paying quantities In any placer deposit, locate one such claim for one other person as agent or at torney, and no more in any one mining district, and, provided further, that prior to any such location for another he shall file a power of attorney authorizing him to make mining locations for the person named therein, which power of attorney must be acknowledged oefore a notary public or other person having a seal, and authorized by law to take acknowledg ments of deeds, and, provided further, that the person for whose benefit the lo cation is made shall be a citizen of the United States, or shall have declared his intention of becoming such, and shall within six months after such location, file his acceptance of the same and ac knowledge In the same manner as the power of attorney aforesaid, with the record of mining claims In the district where mining claims are recorded, and shall perform the amount of labor and Improvements required within the time prescribed by law. "That on all mining claims located as provided in the foregoing section of .this act, the assessment work required by law shall be performed on or before the 31st of December following the date of location, except that on claims lo cated after the first of September in any year, and in such cases the assessment work shall be performed by the 31st of December of the following year, and no person shall relocate either by himself or by agent or attorney, any ciatm upon which he has failed to perform the gald assessment work." BEAT THE SHERIFF. Jury Was "With the Woman, and That Settled It. In the suit of Mrs. Charles Leve and J. Adler, as partners, against Sheriff Fra zler, to recover possession of a Junk- store, the Jury yesterday returned a verdict for the plaintiff. The store was attached by the Sheriff In an action brought by Dan 'Marx against Charles Leve. Mrs. Levo Is the only real victor, for the rea son that Adler, who is her son-in-law, testified for the defense at the trial, say ing that he and Mr. Leve were the real partners and owners of the property. Mrs. Leve was highly .pleased at the result, and at once telephoned to her husband: "What do you think? I have won the case. All the Jury was with me." Conrt Notes. The suit of Denton O. Burson against the Standard Box Factory for $5000 for the loss of a finger, was submitted to the Jury by Judge Sears yesterday afternoon. The suit of Laura E. Blanco against Frank E. Clinton, to eject him "from a toouse and lot at Mansfield, was decided In Judge Frazer's court yesterday In fa vor or the plaintiff. Mrs. Blanco proved title, and Clinton failed to appear and make a defense. Some months ago he defied a Constable who tried to serve him. with ejectment papers. Damages for Lightning Stroke. " TUSCALOOSA, Ala. Jan. 23. A damage case has been settled here, for which no precedents in law could be found. O. B. Wilson was talking over a telephone dur ing a thunder storm, dnd was struck by lightning and killed. Suit was brought for damages, but was settled by tho pay ment of $100 by the telephone company. Seattle capitalists will build a brewery in Aberdeen. The site will be given by Samuel Benn, a large real estate owner. I About $50,000 "Will be invested. "Where are you groinff. my pretty maid?" t ' . i "I'm troinsr to Merrill's, air," ahe said. t' j-i "What will yon do there, my "I'll buy me a "Rambler," sir," ahe said. "They are right np to date and the best wheel made, And Merrill he sells them, sir," she said. i ONCE RIDE A RAMBLER, YOU WILL HAVE NO OTHER. MERRLL'S No. 2 for competition. (AdjJyattd FROM THE GRAMMAR GRADES Are sufficiently advanced to take either a bunlness or a shorthand fxrars'e with; us. Spelling, grammar, arithmetic, etc., are Included In both, without extra cost. We think quality counts for more than quantity, and teach according ly. This sentiment alone, if Indelibly fixed in the mind of a youth and we generally succeed In doing it is worth the cost of our combined business and shorthand course. Get our catalogue learn what and how we teach. PARK AND A. P. ARMSTRONG, LL B.. Principal. TO RUN ON THE TUNDRA HEAVY FREIGHT MACHINE FOR CAPE NOME COUNTRY. Equipped "With a Plank Road and Lays Traclc as It Moves Over ' Soft Ground. A rather cumbersome-looking traction engine, which Is being set up at the foot of Hall street, attracts attention from passers, few of whom realize that it Is Intended to transport itself over the swampy tundra of Nome, and to haul heavy loads about the beach up North next Summer. The engine carries Its own plank road with it, picking up tho stout slabs that have been passed over by the heavy Iron wheels and passing them on In front, to be run on again. Tho principal upon which the machine is built would, If applied to railroads, ob viate the necessity of laying track, as each train could carry Its own rails and ties, passing them to the front, to be ' used over again as fast asthe wheels of the last truck had rolled over them. Whether the machine will work or not, is a matter of conjecture, and many i opinions are expressed on the prospect of lt3 success. It occupies about as much space as an ordinary traction engine, and weighs several tons. What might be called two belts, made of stout blocks of wood, bolted to Iron knuckles, form a massive sprocket chain, passing over the tires of each pair of wheels, upon which the engine rests. These cumbersome blocks form a runway nearly a foot wide, for the wheels to pass over, and the surface thus pre sented to the ground Is probably 10 times more than that of the ordinary traction engine. The machinery, It Is said, can be turned by permitting the wheels on one side to revolve, w.hlle those on tho other side keep still. , Before being shipped to Nome, the ap paratus will be tried on soft ground down near the Willamette River, and any necessary changes will be made. The designer is a practical machinist and builder of mining dredges, who has had experience enough In this line of business to enable him to know what he is do ing. He spent last Summer at Capo Nome, and know3 just how much weight tundra and beach sand can bear. Dodging in the Senate. Kansas City Star. The Congressional Record of Wednes day shows some curious facts about the vote In the Senate on the proposition to allow the sale of beer in Army post ex changes. An amendment to this effect was Introduced when the Army reorgan ization bill came up from the House. Wednesday, the day the vote was taken, only a half dozen Senators took part In the debate. Mr. Hawley. In charge of the amendment, remarked that the Sen ate was "very thin" and that he was afraid a satisfactory vote, could not be obtained. Nevertheless he allowed tho ballot to be taken. Newspaper readers are familiar with tho fact that the result of the Senate roll call in detail Is frequently printed in the papers. A copy of the Congressional Record containing an account of all the proceedings is probably read by not more than one voter in 1000. If a Senator does not want to offend any of his con stituents on an unimportant measuro he is safe if he keeps his name out of the yeas and nays. Few people will go to the trouble of finding out his real position. The Congressional Record for Wednesday shows that 34 Senators voted against the canteen measure, 15 voted for it and 37 failed to vote Here is a sample of the explanations during the roll call, taken from the Record: Mr. Hannaf(when his name was called) I have a general pair with the Senator from Utah (Mr. Rawlins). He not being present, I withhold my vote. Mr. Martin (when his name was called) I have a general pair with the senior Sen ator from Illinois (Mr. Cullom). Not knowing how he would vote, I withhold my vote. If he were present I should vote "yea." Mr. Money (when bis name was called) J '01 MODEL $40 ROADSTER MODEL $35 pretty maid?" ' y 105-111 SIXTH ST PORTLAND, ORE WASHINGTON J. A. WESCO, Penman and Secretary. I am paired with the senior Senator from Oregon (Mr. McBride). I have telegraphed him to know how he stands, but cannot get a delivery of -tho message. There for I cannpt vote. Were he present I should voto "yea-," r Mr. Thurston (when his name"" Waa called) I have a general pair with tho senior member from South. Carolina (Mr. Tilman). Not knowing how he would vote I refrain from voting. If he were present I should voto "yea." - As a result of thl3 discretion on tha part of Senators the names of only i9 of the S6 members of the upper House ap peared in the list of yeas and nays. A number of the newspapers printed this list, but the public had no means of knowing the position of the rest. It will be remembered that when tho Houss voted on the canteen provision several members, among them General Grosvenor, admitted that they believed the prohibi tory measure unwise. They voted for It because they thought it "good politics" to do so. The Congressional Ttecord's account of the Senate proceedings laya that body open, also, to .charges of insin cerity. A Denver Trngedy. DENVER, Colo., Jan. 23. Claude Hider, 19 years of age, shot Mrs. Emma Douglas, a divorced woman, and Harry R. Haley, and then killed himself in the Hotel Sax tOn, this morning, where the three lived. The woman was shot in the thigh, and will probably recover. Haley is dangerous ly wounded In the right lung. Jealousy was the cause of the shooting. Haley is an expressman. Hider had no occupation. His brother, who had served in tne Army in the Philippines, killed himself about a year ago. A Consumptive Quarantined. SAN FRANCISCO. Jan. 23.-J. W. Thompson, a consumptive, who arrived bore from British Columbia on tho steam er City of California, was not allowed to land, ou the ground that ho was afflicted with' a contagious disease. This is tho first Instance where a person afflicted with consumption has been denied a landing at this port. 'S BELT Has no equal for the cure of Nervous and Physical Debility, Exhausted Vitality, Varicocele, Premature Decline, Losx of Memory, Wasting, etc., which has been broughtabout by early indiscretions or later excesses. ESTABLISHED THIRTY YEARS. Write today for my latest books, "Heath, in Nature," and "Strength; Its Use and Abuse by Men:" DR. A. T. SANDEN S. W. Cor. Morrison and Fourth Streets Portland, Or. NEW TODAT. MORTGAGE LOANS On improved city and farm property, at lowest current rates. Building loans. Installment loans. Maclloster & Blrrell. 311 Worcester blk. COUNTY WARRANTS And other Investment securities for sale. J. W. Cruthers & Co., 314 Chamber of Com. A SNAP Will sell a 5-room cottage and bath, on Cherry t. corner lot. at a price, and on terms to suit any Intending: buyer. Rountreer &. Dia mond, 241 Stork st. Phone Grunt 291. DR.SANDEN