THE MORNING OREGONIAN, TUESDAY, FEBRUARY 12, 1901.
JS THE RAILROADS
Rate and Liability Bills Before
the House.
WARM DEBATE IN COMMITTEE
.Railroad Men Admitted to the Floor
to 'Set .Forth Their Side Ford for
the Opposition No Conclusion
Reached.
SALEM, Or., Feb. 1L The railroad-rate
question and the "fellow-servant" agita
tion were threshed out in the House this
afternoon. Railroad attorneys appeared
and presented their views with much elo
quence and persuasive logic, and the
other side was presented with equal ear
nestness by Representative Colvlg and
Hon. Tilmon Ford, of Salem, who came
as "the representative of the people." The
various railroad bills were a special order
for this afternoon.
House bill 147, Introduced by Harris, fix
ing the liability of railroad companies for
injuries to their employes, also came up
for third reading, when Dresser of Clack
amas moved, in view of the fact that this
and other bills referring to railroad af
fairs were of great Importance and de
manded careful consideration, that all the
bills be considered in committee of the
whole House. This was agreed to, and
Dresser was called to the chair.
In the committee of the whole Whitney
moved that, in order that the members
of the House receive all possible light on
the bills, William D. Fenton and W. W.
Cotton be invited within the bar of the
House and explain the position of the
railroads regarding the bills under con
sideration and take part In the discussion.
Colvlg of Josephine bitterly opposed any
such action. "This House," he said, "is
competent to attend to its own busi
ness." He would not believe that a ma
jority of the members would vote to al
low tnese attorneys to make a special
plea for the interests they represented.
He hoped and trusted that the motion
would not prevail.
Stewart of Jackson was favorably Im
pressed with the proposition, and desirous
of gaining all possible Information on the
subject.
Pearce of Marion expressed the opinion
that the members were entitled to all
the information that could be gathered.
Hedges of Clackamas said: "Mr. Speak
er: We are here as a sovereign body.
We are not here to listeu to evidence and
then enact laws. We are not here to be
bulldozed or menaced."
Grace of Baker added: "I seconded the
motion of Mr. Whitney. I did so in the
hope that by having these men explain
their side of the case we could gain more
Information. I am not In favor of doing
an injustice to any one. We are in com
mittee of the whole; as such we have the
right to obtain all possible information
needfuL""
Harris of Lane said: "I do not be
lieve any one here Is acting unfairly.
When those bills were referred to the
committee, that was the time for these
people to take the opportunity of pre
senting their views not here. It Is not
fair, it is not right, to Invite these men
within the bar of this House. If we do,
then we must ask that other people in
terested in other measures be granted the
same privilege. I am opposed to this
jnotlon, as, should it carry, it would es
tablish a precedent that would be re
gretted." McCraken of Multnomah said: "Are we
afraid that we may get too much light
on this subject, the most Important In
terest of our state? Shall not those rep
resenting the railroad Interests have a
chance to represent their side of the
case? I can see no objection to those
gentlemen appearing before this commit
tee." Whitney of Linn, member of the House
committee on railroads, stated that when
he went Into the committee-room he sup
posed his mind was made up, but he had
since then reached a different conclusion.
If the facts can be discussed, then we can
act Intelligently. It Is right, proper and
Just to do right by the railroads, and It
is also right, proper and Just that we do
right by the people of Oregon. "I want to
cast my vote," he said, "so that I will
have no explanations to make when I go
home. I want the mutual benefit of the
railroads and the people, and I favor
these men expressing themselves."
Carter of Jackson could not see how
any advantage could be gained by invit
ing the attorneys to address the mem
bers. "We," he said, "were elected by
the people of Oregon, the time of the
Legislature belongs to us, and we are re
sponsible for the manner in which we
use it."
Eddy of Tillamook asked Carter if he
thought the majority report of the rail
road committee on the bills under con
sideration should be a guide to the mem
bers of the House, to which Carter re
sponded that he did not. Eddy then called
attention to the unfairness of such action
of not accepting the report of a majority
of a committee, yet refusing to allow the
members of the House to know upon what
testimony such majority report was
reached. "We cannot get too much Infor
mation on the subject," said he, and so
he would favor the motion.
Colvlg made another onslaught on the
salaried officials of railroad companies
taking up the valuable time of the Legis
lature only to reiterate what they had
said before the railroad committee. "This
House," he said, "is competent to at
tend to Its own business. It' is responsi
ble to the whole people of Oregon. When
the committee of the whole has dis
cussed these bills, the members will know
all that is necessary for them to make
up their minds. We are a sovereign, de-
nocrauve ooay. our Dusmess is to make
laws, not listen to the special pleadings I
of Interested persons."
Some misunderstanding existed in .re
gard to what the motl'on of Whitney
really included. It was claimed by some
that the motion was only to allow
Messrs. Fenton and Cotton to address the
members on the proposed reduction of
passenger rates to 3 cents a mile. Others
held the motion gave them the right to
discuss all the bills before the commlt
'tee. which would Include the liability
and master and servant bills.
Butt moved as an amend ment that the
remarks of the gentlemen named In the
motion be confined to the 3-cent rate.
This was lost by a vote of 24 to 36, when
the main question was put and the motion
of Whitney was carried by a vote of 39
to 14.
Harris moved that, inasmuch as the
members had seen fit to Invite these men
within the bar of the House, that Tilmon
Ford be also invited to address the mem
bers as a representative of the people of
Oregon. This was carried.
The Arsrumcndi Presented.
Attorney Fenton explained at length the
financial situation of the Southern Pa
cific, showing that the Oregon lines had
always been operated without a profit, and
even at a loss. He contended that under
the decision of the United States Supreme
Court a railroad has a right so to fix Its
rates as to earn a fair profit upon the
value of Its property Including Its stocks
and bonds. South of Lane County there
was a population of only 50,000 tributary
to the road, and only about 100 miles of
the road was operated through a popul
ous territory.
Mr Fenton attacked the validity of the
proposed bill, which excluded from Its
operation all roads operated wholly with
in the State of Oregon. He said he did
not think the law was. worth the paper
It was written upon. An eloquent appeal
was also made for the Legislature not to
act in such manner as to advertise that
Oregon Is an undesirable place for the
investment of capital.
"If this measure passes," said Mr. Fen
ton, "we must take off the trains like the
Albany local, now operating at a loss; or
we must Increase the freight charges;
or we must let the bondholders take the
road. We do not want to accept either
alternative."
Representative Colvlg, who was former
ly chairman of the State Board of Rail
road Commissioners, then attacked the
Southern Pacific because It (or its prede
cessor) had made the same plea in 18S5,
when the Legislature reduced fares from
6 cents to 4 cents. It was made In 1890
when the Commission proposed to reduce
the rate on wheat. Yet the company was
doing business. Mr. Colvlg made a strong
point of the fact that every other road
running into Portland had voluntarily re
duced the rate to 3 cents.
Colvlg wanted to know if the state could
not require the railway company to keep
its freight rates at the maximum In ef
fect on January 1, 1901?
Mr. Fenton answered that such a course
would be a great injustice to the Astoria
road and to the O. R. & N. while It would
not hurt the Southern Pacific
W. W. Cotton, counsel of the O. R. &
N., followed and criticised a statement
by Mr. Colvlg that the Southern Pacific
land grant was 350,000,000 acres. "That,"
said Mr. Cotton, "Is more land than there
Is In the State of Oregon."
"I meant 350,000 acres," interrupted Mr.
Colvlg.
"Then you are as far off as ever," re
sponded Mr. Cotton. "There are about
3,000,000 acres In the grant." Then he at
tacked the State Railroad Commission for
forcing the O. R. & N. Co. Into bank
ruptcy In 1894.
"What particular act of the Commission
forced the O. R. & N. Into bankruptcy?"
asked Colvlg.
"Lowering our freight rates," said Mr.
Cotton.
"The Railroad Commission never low
ered your freight rates," said Mr. Colvlg.
"No; but you forced a compromise that
meant bankruptcy to us. Has any gen
tleman here ever been held up? Well,
that's the way It was with us."
Master and Servant BUI.
Regarding House bill 147, fixing the lia
bility of masters to servants, Mr. Cotton
found good reason against It, as It provided
that a company should be made liable for
the Injury of an employe although he re
ceived such injury directly from the hands
of another employe. As to bill SO, the
fellow servant act, he said it was much
fairer than No. 147. Some reasons could
be urged In Its support. "I would sug
gest there be some reasonable limit of
recovery made In the bill," said Mr. Cot
ton. "If you want to provide an Insur
ance company, it Is no more than right
that there be a limit made to the risk.
These are the only bills in which the
company I represent are Interested, and
now I want to give you a plain, every
day talk as a citizen as a farmer living
near Gresham, which place I hope some
day to represent In this Legislature in a
united and beloved Multnomah delega
tion." Mr. Cotton then referred in a general
way to the voluntary action of his com
pany In reducing of rates both freight
and passenger. "But," he said, "every
time we make a reduction Is It right we
should be held up as a frightful exam
ple? If you want to reduce the Southern
Pacific rates do so, but you have no right
to bring the actions of other roads into
the controversy. If you do, it will pre
vent us making any further suggestions
to the men in New York who hold the
strings for the better advancement and
promotion of your interests In Ore
gon." Tilman Ford, of Salem, spoke generally
In favor of all the bills that both Mr.,
Cotton and Fenton opposed, which includ-'
ed all under consideration. His argument
was that If other roads" could afford to
carry passengers on a 3-cent per mile
basis he didn't see why the people of
the Willamette Valley couldn't enjoy the
same privilege. The re son why others
enjoyed the lesser rate was because of
competition.
At the close of Ford's address, the
committee arose, reported progress, and
the House adjourned.
IN THE SENATE.
Monument Fund Bill and Orphans
Bills Pass.
SALEM, Or., Feb. 11. The Senate was
called to order at 11:30 A. M., and took up
the order of business third reading of
Senate bills.
Senate bill 63, by Looney, to provide for
the election of a Dairy and Food Com
missioner, prescribe his duties, salary,
etc., was passed unanimously.
Senate bill 136, by Smith of Baker to
license engineers and firemen of station
ary engines, was defeated, Josephl and
Smith of Baker being the only persons
who voted aye.
Senate bill 130, by Brownell, to provide
for relief of orphans homes in certain
cases, was passed.
The Senate concurred In the House res
olution for the purchase of a sword for
Captain Clark.
Senate Joint resolution No. 12, by Daly,
directing the State Board of Education to
publish 12,000 copies of a revised edition of
the school laws, as amended, was adopted.
Senate bill 84, by Hunt and Mays, to
erect a monument to the honor of the
Second Oregon Volunteers, was passed.
Senate bill 116, by Daly, to authorize
sale of state lands, secured on foreclosure,
was passed.
The Senate then adjourned.
IN THE HOUSE.
Multnomah Delegation
Reported
Several Bills.
SALEM, Or., Feb. 11. This morning's
session of the House convened at 11:30.
McQueene and Hemenway were excused
on account of sickness.
Speaker Reeder asked If there was a
minister present, and the Sergeant-at-Arms
stating that no gentleman of the
cloth had shown up, the business of the
House was proceeded with.
The committee on elections reported
Sonln hill I. nrnviriintr fnr olprMrm nf
United tSates Senators, with amendments,
House bill 200. fixing salary of the Dep-
uty Clerk of Malheur County, was re-re
ferred.
Harris of Lane moved that House bill
147, fixing the liability of railroad corpo
rations for injuries to employes. Intro
duced by him, be made a special order for
2 P. M. Whitney objected, saying he could
see no reason why a bill should be rail
roaded In to take a place just before the
time set for consideration of others of
similar nature. The motion to make the
bill a special order was lost.
The Multnomah delegation reported the
following bills:
54, by Holcomb, amending Bancroft bond
act. with amendments.
97, by Drlecoll, preventing counties as
suming liabilities exceeding $500 except af
ter public bidding, with amendments.
1S9, by Drlscoll, abolishing separate
Board of Commissioners in Multnomah
County, and providing for appointment of
two County Commissioners to act with
County Judge. The bill names William
Showers to serve as Commissioner until
July, 1904 and J. G. Mack until the next
general election. William Steele, present
chairman of the Board of Commissioners,
is eliminated from the board.
At the opening of the afternoon session
the substitute for House bill 110, reported
by the special committee on game, for
estry and game fish, was read the first
and second times, under suspension of the
rules. This was done so that the substi
tute could take Its place In the calendar
of the original bill and not suffer through
delay. The bill was ordered printed.
House resolution 23, introduced by Hol
comb. asking the Secretary of State to re
turn to the House the House Joint resolu
tion No. 4, of the 20th session, was adopted.
IN BEHALF (JF DAIRYMEN
SENATE PASSED THE LOONEY PRO
TECTIVE MEASURE.
Defines Adulterated Articles and
Provides for Full-Weight Rolls
of Batter Text In Brief.
SALEM, Or., Feb. ll. There are few
bills that get through the Senate without
opposition. Senate bill 63, by Looney, is
one of the few. This Is the bill framed
for the protection of the dairy Industries
of the state, and for the protection of
those who buy or consume dairy products.
Senator Looney Is one of the best-known
dairymen of Marlon County, and conse
quently had In mind In the framing of his
bill the greatest needs of those who are
engaged In this growing Industry.
The bill provides for the election of a
dairy and food commissioner by the peo
ple, the salary of the office to be $1800,
with an allowance of $1200 per year for
expenses and $900 per year for a deputy.
The commissioner is required to visit each
creamery and cheese factory In the state
at least once In each year, to give prac
tical and theoretical Instruction In dairy
matters, to keep an office in Portland and
to prosecute violations of the law.
The proposed vmeasure requires that all
OREGON PIONEER
pMajsss i ,
MBS. LEE IiAUGHMNi
FOREST GROVE, Or., Feb. 11. Mrs. Lee Laughlln, aged 04 years, died at her home at
North Yamhill today. With her parents, she crossed the plains with an ox team from Ohio
to Yamhill County In 1S47. Her father, Benjamin Stewart, located on a donation land claim
in North Yamhill Valley in October of that year. Mr. Stewart, owinff to the 111 health of
his family while en route here, came near stopping for the Winter In the mountains near
Pendleton, at Dr. Whitman's mission, but fortunately did not, as he and his family would
In all probability have fallen victims to the terrible massacre by the Indians, which oc
curred soon afterward. With the exception of a few months' residence at the Idaho mines
and a Winter spent at McMlnnvllle, deceased had resided for 54 years where she died. She
leaves a husband, Hon. Lee Laughlln, president of the McMlnnvllle National Bank, and
two adopted children. Miss Grace and George Laughlln. The funeral service will be preached
Wednesday by Mrs. Nettle Olds Halght. Interment will be In North Yamhill cemetery.
adulterated foods, drinks, medicines and
fertilizers ihall be plainly marked as
suchr that all bills of fare shall state the
facts regarding adulterated food therein
mentioned; that In dining-rooms in which
bills of fare are not used notices must
be posted stating what adulterated foods
are used; that reworked or remolded but
ter shall be marked "process butter" or
"tub butter " as the case may be, and
that no diseased, unclean, Impure, or un
wholesome food, drink or medicine shall
be sold or offered for sale. The most Im
portant section of the bill Is section 3,
which defines what shall constitute an
adulterated food, drink or medicne. It
reads as follows:
"Sec. 3. An artlce of food or drink or
medicine shall be deemed to be adulter
ated within the meaning of this act when:
"1. Any substance or substances have
been mixed with It so as to reduce or
lower or Injuriously affect Its quality or
strength.
"2. If any inferior or cheaper substance
or substances have been substituted,
wholly or In part for it.
"3. If any valuable constituent has been
wholly or in part abstracted from It.
"4. If It is an imitation of or Is sold
under the name of another article.
"5. If It Is colored, coated, powdered or
polished, whereby damage Is concealed, or
If it is made to appear better or of greater
value as compared with the total solids,
than It really is; provided, however, that
salt and anetto, or butter color in which
anetto is the principal Ingredient, shall
not be considered an adulteration when
used in. dairy products.
"6. Butter that contains more than 14
per cent water.
"7. Milk that contains more than 88
per cent water.
"8. Milk that contains less than 3 per
cent butter fat.
"9. Milk that contains less than 9 per
cent solids, other than butter fat, and less
than 1.03S specific gravity after cream has
been removed.
"10. Jellies, Jams and fruit sauces put
up for sale, that contain any other in
gredient than pure -fruit substance and
juice.
"1. Apple cider vinegar that contains an
acidity of less than 4 per cent of abso
lute acetic acid, and 1 per cent cider
vinegar solids, or that is made of any
thing else than absolute apple cider.
"12. Pickles and fruit sauces shall con
tain no other sweetening matter . than
pure sugar."
The following Is the provision regard
ing oleomargarine:
"Section 4. No person by himself or
his agent or employe shall render, manu
facture, sell or offer for gale, expose for
sale, take orders for future delivery, or
have In his possession with Intent to sell
as butter any article, product or com
pound, made wholly or partly out of any
fat, oil, oleaginous substance or com
pound thereof, not directly or wholly pro
duced from pure, unadulterated milk or
cream of the same, which has been or is
colored to imitate yellow butter produced
from pure unadulterated milk or cream
of the same; provided, that nothing in
this act shall be so construed as to pro
hibit the manufacture and sale of oleo
margarine in a separate and distinct form
and in such manner as will advise the
consumer of Its real character, free from
coloring matter and ingredients causing
it to look like butter."
Section 5 requires that manufacturers of
butter under separator process shall pro
cure a stencil from the commissioner and
brand their boxes "Oregon creamery but
ter, full weight," and -wrap butter rolls
In paper bearing the same Imprint.
Section 6 reads as follows:
"Every person or persons, firm, associa
tion or corporation who shall, at any
creamery, cheese factory or private dairy,
manufacture cheese in the State of Ore
gon, shall, at the place of manufacture,
brand distinctly and durably on the band
age of every cheese and box containing
the same the true grade of said cheese,
as follows, to-wlt: 'Oregon full-cream
cheese" ; 'Oregon half-skimmed cheese";
'Oregon quarter-skimmed cheese, or
'Oregon skimmed cheese,' as the case
may be. Full-cream cheese shall contain
not less than 30 per cent butter fat; cheese
that contains 15 per cent butter fat, and
under 30 per cent, shall be known at 'half
sklmmed' cheese; cheese that contains
"PA per cent .butter fat and under 15 per ,
cent shall be known as 'quarter
skimmed' cheese; cheese that contains1
less than 7. per cent butter fat shall be
known as 'skimmed cheese; provided,
nothing In his section shall, be .construed
to. apply to 'Edam,' 'Brlcksteln, "'Pine
apple, 'Limberger,' 'Swiss,' or hand
made cheese, not made by the ordinary
Chedder process."
One-pound rolls of butler are required
to contain 16 ounces of butter, and, two
pound rolls 32 ounces. Cheese makers
must brand their boxes with a stencil
furnished by the commissioner. A charge
of $1 shall be .made for stencils.
Unwholesome foods and drinks that may
be seized shallf be destroyed, while ar
ticles that are merely adulterated shall
be properly branded and returned to the
owner. Persons engaged In selling cream
or milk In cities of over 10,000 Inhabitants
must procure from .the commissioner
metal plates showing the number and lo
cation of the dairy or creamery and place
said plate In a conspicuous place on each
delivery wagon operated by said person.
The use of borax, vboracic acids or saly
cyllc acids or injurious antiseptics Is pro
hibited. Section 12, relating to the care of cows
is as follows:
"Sec.12. Whencowsare kept by any per
son for' dairy 'purposes, either for but
ter or cheese, or for the production of
milk or cream for sale, and are confined
In stables, such cows so 'confined shall
each be allowed at least 800 cubic feet air
space, and such cows so stabled shall not
be confined facing each other closer a-
' gether than 10 feet; and all stables where
OF 1847 DEAD.
such cows are kept shall be well ventl-
t lated and kept In a'good healthful condi
tion, and if there be any suspected dis
eased cows or other animals 'belonging to
or about any dairy the said Dairy and
Food Commissi6ner shall notify the State
Veterinarian, and If any dairy above
stated is found to be in a filthy or un
healthful condition,- the Dairy and Food
Commissioner shall notify the proprietor
that said dairy must be put In a health
ful condition within three days, and in
the event of the failure of said proprietor
to put said dairy in a healthful condi
tion within three days from the receipt
of said notice, he or they shall be deemed
guilty of a misdemeanor, and shall be
punished as herinafter provided for vio
lation of this act"
The remainder of the bill relates prin
cipally to vinegars, Jelles, etc. Violation
of the provisions of the act Is made pun
ishable by a fine of $25 to $100, or by Im
prisonment for 30 days to six months.
LIFE INSURANCE BILL.
Proposed to Make Policies Incon
testable After One Year.
SALEM, 0r., FebJl.-One of the Im
portant bills to come before the House
tomorrow or Wednesday Is Pearce's bill
making life Insurance policies 'Incontest
able after the expiration of one year, ex
cept for money due thereon, and that
no policy Issued to a female shall be con
tested by the company, by reason of any
erroneous answer of such female touch
ing her pregnancy made in her applica
tion for Insurance, unless such answer
sball have been made within three months
prior to the birth of a mature child. The
contention in favor of the bill is that if
there be any good cause for contesting a
policy the company can discover the
cause within a year as easily as within a
month after the death of the insured,
'mere Is a strong lobby representing. In
surance companies and fraternal societies
opposed to the measure.
PORT OF PORTLAND BILL.
Multnomah Delegation ConsideredIt
Good Prospects for Passage.
SALEM, Or., Feb. 11. The Multnomah
delegation had a meeting tonight to con
sider Senator Smith's Port of Portland
bill. The House delegation was busy most
of the evening at the House session, but
later joined tle Senators. There seems
to be no doubt but that the delegation
will take favorable action, and prospects
for passage of the measure are good.
There may be a minority report, however.
jso lurtner action was taken on the char
ter today. '
NORTHWEST DEAD.
Brad Clayton, Well-Known Wash
ington Farmer and Stockdenler.
CHEHALIS, Wash., Feb. 11. Brad Clay
ton, a well-known farmer and stockdealer
of Eastern Lewis County, died yesterday,
after a short illness.
Funeral of Mrs. M. J. Bowen.
OREGON CITY, Feb. ll.-Mrs. M. J.
Bowen, who died at Currenvllle, Sunday
morning, after a lingering illness, was
buried this afternoon. Mrs- Bowen was
65 years old, ajid had been a resident of
this section since 1865. She left a husband
and one child.
Will Tour Europe, Asia and Africa.
ALBANY, Or., Feb. 1L Revj H."L. Reed.
of the Presbyterian Church of this city,
left this morning "on a six -months' tour
ofr'Eurdpe.-zAsla and Africa. ? In the-'East,
Mr. Reed will join a party of' 25, who will
cross the Atlantic in a fpw weeks. Pales
tine will be visited. Daring the absence
of Rev. Mr. Reed, the pulpit of hls'church
will be filled by a native Armenian, a
graduate of the Auburn (N. Y.) Theolog
ical Seminary, a young man wheals pre
paring a history of the Armenians, about
wliom eo much has been heard during the
past few years.
.
Don't Be Annoyed With Headache. .
You can get rid bf it by using Wright'3
Paragon Headache and Neuralgia Cure;
ffl'KENZIE GETS ONE YEAR
NOME RECEIVER SENTENCED
JAIL IN SAN FRANCISCO.
TO
Court Severely- Arraigned Judge
Noyes for the Part He Took
In the Case.
SAN FRANCISCO, Feb. 11. The United
States Circuit Court of Appeals today
found Alexander McKenzie the Cape
Nome receiver, guilty of contempt of
court In two cases, and sentenced him to
serve one year In the County jail.
In the opinion read by Judge Ross, the
court holds that the filing of the citation
in the District Court at Nome was suffi
cient to give the Court of Appeals juris
diction, but In proper cases may be con
sidered In mitigation of the offense. At
this point In the decision the court re
fers to the acts of Judge Noyes, and the
manner in which affairs were conducted
at Nome. It says:
"The circumstances attending the ap
pointment of a receiver In the cases, how
ever, and his conduct after as well as
before the appointment as shown by the
record and evidence, so' far from Impress
ing us with the sincerity of the pretension
that his refusal to obey the writs Issued
out of this court was based upop. the ad
vice of his counsel that they were void,
satisfy us that It was Intentional and de
liberate, and In furtherance of the high
handed and grossly Illegal proceedings Ini
tiated almost as soon as Judge Noyes and
McKenzIe had set foot on Alaskan terri
tory at Nome, and which may be safely
and fortunately said to have no parallel
in the jurisprudence of this country. And
it speaks well for the good, sober sense
of the people gathered on that remote and
barren shore that they depended solely
upon the courts for the correction of the
wrongs thus perpetrated among and
against them, which always may be de
pended upon to right, sooner or later,
wrongs properly brought before them.
And It Is well In these days of the rapid
extension of our National domain, for all
persons, whether residing In remote re
gions or nearer home, to remember that
courts which respect themselves and have
due regard for the administration of jus
tice and the maintenance of law and
order will never tolerate any disobedi
ence of their lawful order, writs or judg
ments, wherever committed within their
jurisdiction.
" 'It is inherent In the nature of judicial
authority,' said the Supreme Court of
Florida, in the case of the State vs.
Johnson that every court may protect
and maintain Its jurisdiction under the
law, and that it shall protect Itself
against all attempts to resist or thwart
or overthrow its authority.' "
Judge Ross closed by ordering that Mc
KenzIe be confined In the San Francisco
County Jail for six months on each
charge, one term to succeed the other.
McKenzIe was In c ourt, and appeared very
much sprprlsed at the sentence Imposed.
Th.o decision was rendered by Judge
Ross, Gilbert and Morrow In the cases of
John E. Tornanses vs. L. F. Melslng, et
al, and William A. KJellman vs. Henry
Rodgers. These- are two of the cases In
which McKenzIe declined to obey the wrjt
of supersedeas issued by Judge Morrow,
directing him, as receiver, to turn over
money and gold dust in the possession of
the owners. Much testimony has been
heard In the Nome cases, and they have
been pending before the United States
courts for months. There was consider
able evidence introduced in an effort to
prove that a conspiracy existed between
officials at Nome, to secure control of
the claims.
Mr. McKenzIe claimed that he was not
guilty of contempt because all the papers
and orders .Issued by Judge Morrow had
not been filed In the District Court at
Nome at the time he was accused of dis
obeying the writs.
Spring Travel to Alaska Started.
TACOMA, Wash., Feb. 11. The travel to
Copper River and the Klondike Is now
well started. Not less than two dozen
sailing vessels will start for Nome and
Bering Sea In April and May. The saw
mills on the Yukon have resumed opera
tions, and every town between Bennett
and Dawson is building boats ad steam
ers. Not less than 80 vessels will be en
gaged In the Alaska traffic during the
coming Summer, Including those on the
Upper and Lower Yukon, together with
steamers sailing on regular routes from
Puget Sound.
The people of Southeastern Alaska have
petitioned Senator Perkins, of California,
to aid them in securing a lighthouse and
other means of protection for the inside
route between the Sound and Skagway.
The petition sets forth that 15,000 passen
gers, 200,000 tons of freight and $20,000,000
in treasure are annually transported over
this route.
VAUGHN PLEADED NOT GUILTY.
Jefferson Youth Charged With Strik
ing a Girl With an Ax.
SALEM, Or., Feb. 11. Department No.
1, of the Circuit Court, convened today
for the February term.
v. yde Vaughn, the youth who is charged
with striking Lulu Jones, of Jefferson,
over the head with an ax last Fall, pleaded
not guilty, and will be tried February 15.
Murray Wade, charged with an assault
being armed with a dangerous weapon,
committed upon Will Evans, also pleaded
not guilty, and will be tried February 19.
No Hope for His Recovery.
J. C. Young, the unknown man, who
drove over an embankment in this city
Saturday night, is still in an unconscious
condition, and there Is no hope of his re
covery. Target for Charge of Buckshot.
John Graham, a young resident of North
Salem, was yesterday afternoon made a
target for a charge of buckshot fired by
Charles Nelson, while hunting near Zena.
Graham and a friend had treed a wildcat,
and Graham went up In the tree to scare
the animal down. While there Nelson
came along, and In a confused effort to
kill the cat, fired about 30 buckshot Into
Graham's legs. Graham fell to the ground,
a distance of about 30 feet. His injuries
are not fatal.
NEW FRANCHISE GRANTED.
Clackamas Commissioners Permit
Trolley Line on Public Highway.
OREGON CITY, Feb. 1L The Board of
County Commissioners this morning
granted a new franchise to the Oregon
City & Southern Railway Company to
construct and operate a railroad from
this city south through the village of
Canemah, a distance of about one mile.
This is the second franchise that has been
granted to this company for this purpose.
The first franchise was granted on Janu
ary 10; on January 28 the court, on the
petition of the Southern Pacific Railway
Company, G. W. Ganong et al., made an
order rescinding the franchise. Last Sat
urday the company made application for
a new franchise, agreeing to make certain
concessions and accepting certain con
ditions not specified In the first franchise.
On these terms the court tills morning
granted a new franchise.
The following are some of the principle
conditions on which the franchise was
granted: A track is to be laid along the
retaining wall of the river basin, instead
of In the middle of the road, and to be
at no place more than 18 Inches from the
outer edge of the wall, except at such
places as will leave 16 feet or more clear
wagon road; the entire road bed. Includ
ing the part occupied by the rails, to be
planked with four-inch lumber; -the com
pany to construct and maintain all neces
sary culverts and bridges, and to con
struct and malntan a good, strong hand
rail on the side of the road next to the 1
river; the company to make all necessary
repairs In the retaining wall, and all of;
this without cost to the county; cars
are never to be run at a speed exceeding
five miles an hour.
The franchise specifies that the road
shall be completed by April 3, unless the
construction shall be delayed by legal pro
ceedings, and the company Is to employ
a competent person, who shall be ap
pointed by the court, to oversee the con
struction of the road, and pay such per
son not less than $3 per day during such
time as the road Is in process of con
struction, $50 of which must be In the
hands of the County Treasurer when this
franchise Is accepted.
President G. C. Fields, of the Oregon
City & Southern Company, promptly
signed the conditions and accepted the
franchise. But as there is a strong oppo
sition to the building of this road in cer
tain quarters, It Is very probable that the
company's troubles are not yet over.
At Its last regular session the City
Council made an order to the effect that
the Portland City & Oregon Railway
Company must keep all freight cars, ex
cept one express car, off the streets with
in the city limits, as specified in the char
ter. The Chief of Police was instructed
to arrest any person or persons found
moving or operating any freight cars
within the city limits after noon today.
There were no arrests, as no cars were
brought within the city limits today.
IN THE HOUSE.
BUI Creating New Northeastern Ju
dicial District Passed.
OLYMPIA, Wash., Feb. 11. In the House
today the bill creating a new judicial dis
trict In Northeastern Washington was
passed. The bill provides for the division
of two existing districts into three, as
follows:
First Lincoln, Adams and Franklin
Counties, to be presided over by Judge
Neal.
Second Okanogan, Ferry and Douglas,
to be presided over by a new Judge to
be appointed by the Governor to serve un
til the next election.
Third Chelan, Kittitas and Yakima, to
be presided over by Judge Rudkin.
The bill was not passed without an
acrimonious debate, in which Barron of
Okanogan declared that Ferry County
was a wild-cat mining community, and
that pin-head lawyers were dictating her
policy. Cameron of Lincoln declared that
although his county was involved In the
redistricting controversy, he had not been"
officially consulted by the framers of the
bill. "I have been consulted by all kinds
of grafters," declared Cameron, "and In
sulted by some of them. To my mind this
whole plan is designed by some lean law
yers who want a fat Job."
The bill was passed by a vote of 57 to 7.
A resolution passed both houses today
inviting the Idaho Legislature to visit the
Washington Legislature during their trip
to Oregon.
Both houses adjourned this afternoon
until Wednesday, tomorrow being Lin
coln's birthday, a legal holiday In the
state.
PRESTON WILL NOT GIVE UP.
Proposes to Ask for Reconsideration
of His Railway Commission Bill.
OLYMPIA, Wash., Feb. 11. In the Sen
ate today, Preston gave notice that at the
proper time he would move to reconsider
the vote by which his railway commission
bill was defeated.
A letter was read from Secretary Long,
of the Navy, acknowledging receipt of the
memorial asking that the battleship to' be
built at Seattle be named In honor of the
state.
Governor Rogers submitted the appoint
ment of Dr. James R. Yokum, of Tacoma,
as a member of the State Board of
Health to succeed J. B. Lee, term expired.
The appointment was confirmed.
Prison Inspectors Conclude Work.
WALLA WALLA, Wash., Feb. 1L The
committee which has, for the past three
days, been inspecting the penitentiary,
with a view to recommending to the Leg
islature what action Is best as regards
the appropriation, concluded its business
this afternoon and returned to Olympla
tonight. The members were reticent re
garding their finding. The committee was:
Senator Hammer, of Skagit, chairman;
Senator Cornwell, of Walla Walla; Rep
resentatives Copeland, of Walla Walla;
Burch, of King, and Jerard, of Columbia.
Northwest Postmasters.
WASHINGTON, Feb. 11. The following
Postmasters were appointed today:
Oregon J. N. Bramhall, Alms, vice C.
E. Bramhlll, resigned.
A. B. Cartraw, Derby, vice W. H. Derby,
resigned.
Washington J. A. Fancher, Manila;
Christopher Carrothers, Otis; Ida McCor
mick, Tulalip.
To Notify Martlnelli.
NEW YORK, Feb. 11. A special to the
World from Washington says:
It is believed In .ecclesiastical circles
that when the apostolic delegate, Mon
seigneUr Martlnelli, is elevated to the car
dinalate, the official messenger to apprise
him of the fact will be Count Giovanni
Peccl, the nephew of the Pope. The con
sistory at which the nomination is to be
made probably will be held in March.
The Count 13 the owner of Immense
estates In Cuba. During the revolution
IN SOME CASES
A Single Package of the Pyramid
Pile Cure is Sufficient to Cure.
This may seem a broad statement when
it is remembered that few diseases are so
obstinate to really cure as plies; some
physicians going so far as to say that a
painful surgical operation is the only
permanent cure, but the many and re
markable cures made by the Pyramid
Pile Cure in the past few years have
proven that surgical operations are no
longer necessary, and that It Is by far the
safest and most reliable remedy yet dis
covered for this common and often dan
gerous trouble.
The harmless acids and healing oils
contained In the Pyramid Pile Cure cause
the blood vessels to contract to a natural
condition and the Htle tumors are ab
sorbed and the cure is made without pain,
Inconvenience or detention from business.
Dr. Williams, a prominent orlflcial sur
geon says: "It Is the duty of every sur
geon to avoid an operation If possible to
cure In any other way, and after many
trials with the Pyramid Pile Cure 1 un
hesitatingly recommended It In preference
to an operation."
Mr. Phil Owens, of So. Omaha writes
that after suffering two years from an
aggravated case of Itching and protruding
piles he was cured by a single 50 cent
package of the Pyramid Pile Cure pur
chased from a local druggist, he says:
"I fully expected the trouble would re
turn but I am happy to say for the past
year and a half have been entirely free
from the disease and I can not speak too
warmly In favor of the Pyramid Pile
Cure."
A bill clerk in one of the large whole
sale houses of St. Louis says: "My occu
pation as billing clerk was so .confining
and sedentary that It finally brought on
an aggravated attack of rectal trouble,
which my physician diagnosed as itching
and protruding piles, and recommended a"
salve which he prepared and which gavel
me some relief for a few hours after us
ing and then the trouble would come back
as bad as ever; one of the other clerks
advised me to try the Pyramid -Pile Cure
and I now feel like thanking him every
day for recommending It, as a single 50
cent package cured me and I have had no
trace of piles since, something over six
months."
Hundreds of pile sufferers, who had al
most decided to undergo the pain and
danger of an operation have been aston
ished to find that the Pyramid Pile Cure
which can be purchased at any drug store
was far safer, better and more effective
than an operation could possibly -be.
; JTe.eds
the flair
Have you ever thought why
your hair is falling out? It is
because you are starving your
hair. If this starvation con
tinues, your hair will continue
to fall.
There is one good hair food.
It is Ayer's Hair Vigor. It
goes right to the roots of the
hair and gives them just the
food they need. The hair
stops falling, becomes healthy,
and grows thick and long.
Ayer's Hair Vigor does
another thing, also: it always
restores color to faded or gray
hair.
One dollar a bottle.
if your druggist cannot supply you send
us Ji.oo and we will cxpres3 a bottle I a ou,
all charges prepaid. Be sure and give us
your nearest express office.
J. C. Ayek. Co., Lowe'l, rass.
FfTid for our handsome book on The ,Tair.
much of his property was destroyel. It
Is said to be part of the i ians of H a
Holiness not only to honor Monse g".Ca
Martlnelli by the selection of his nephew
as the official messenger, but also t3
give the Count an opportunity to look
after his financial matters. It Is presumed
that Count Peccl will take this opportu
nity of filing claims for damages amount
ing to several hundred thousand dollars.
Bernhardt at San Francisco.
SAN FRANCISCO, Feb. 11. Sarah
Bernhardt and Coquelln opened their two
weeks season at the Grand opera-house
tonight in "L'Aiglon." The big playhouse
Was crowded to the doors with a fash
ionable audience, that gave the players a
warm welcome. The sale of seats for the
season here has been enormous, and It is
expected that the attendance will break
"the record for San Francisco.
Poisoned by Corned Beef.
CENTRALIA, 111., Feb. 11. H. W.
Schmidt, superintendent of the Illinois
Central Railway, died at Sparta today.
His son. Harry, died Saturday night, and
Mrs. Schmidt is not expected to live. It
Is supposed the family were poisoned by
eating corned beef.
Dally Treasury Statement.
WASHINGTON, Feb. 11. Today's state
ment of the Treasury balances in the gen
eral fund, exclusive of the $150,000,000 gold
in the division of redemption, shows:
Available cash balance $143,009,394
Gold 72.432,72
D S j s
C I )Zm I IN
o ( D
'S
For Weak fa
Who are broken in health
Whose backs are weak.
Whose vitality is wasted.
Whose nerves are shattered.
Who are old while young.
Who are rheumatic.
Who have varicocele.
Call or write for my free book
lets, which explain all about my
world-famous appliances.
Morrison and Fourth Sts.
PORTLAND - OREGON
GRATEFUL COMFORTING
Distinguished Everywhere
for
Delicacy of Flavor.
Superiority in Quality.
Grateful and Comforting
to the Nervous or Dyspeptic.
Nutritive Qualities Unrivalled.
Your Grocer and Storekeeper sell it.
In Half-Pound Tins only.
Prepared by JAMES EPPS & CO., Ltd..
Homoeopathic Chemists, London,
England.
BREAKFAST SUPPER
CANDY CATHARTIC .
Genuine stamped CCC Never sold In bulb.
Beware of the dealer who tries to sell
something "fust . good.