THE MORNING OREGONIAN, TUESDAY, FEBRUARY 12, 1901.
BETTER AS IT IS
Too Much Risk in Revising
Constitution Now.
LAWYERS AGAINST THE PLAN
What Some of the Portland Attor
neys Say on the Question Relief
for Supreme Court Is Only a
Pretext tor It.
Oregonlan reporters yesterday Inter
viewed many of the attorneys and Judges
of Portland upon the question of the ad
visability of a constitutional convention,
a bill for which was at first voted down,
12 to 14. in the Oregon Senate, and then,
upon reconsideration, passed by a vote of
IS to 7. A number of the men Interviewed
declined to be quoted, on the ground that
they had given the matter no considera
tion. Of those who gave their opinions,
C. E. S. "Wood. Thomas N. Strong, Fred
erick V. Holman, Raleigh Stott
and Judge George favored a con
stitutional convention, though Judge
George hedged his approval with
qualifications. Richard Williams, Rufus
. Mallery, H. H. Northup, ex-Governor
Pennoyer. Judge Sears, Benton Klllln, C.
A. Dolph and James Gleason expressed
themselves as emphatically opposed to
revision of the constitution. Following
are the opinions given:
Richard "Williams I think our constitu
tion protects the rigths of the poor man
pretty well as it is much better than a
new constitution would. The only pre
text for a revision of the constitution is
the necessity for relieving the Supreme
Court, but that can be accomplished in
a. much better way. Let Oregon do as
New York State did. It Is possible to get
to assist the court a commission composed
Df lawyers of such standing that the Su
preme Court would not care to review
their work, would accept It as equal, at
least, to its own decisions. The com
mission's opinions would be adopted as
those of the court. This would do away
with any excuse for a constitutional con
vention, which is desired chieffy that the
state may be run into debt as Portland
has been, and as the counties have been,
notwithstanding the constitutional Inhibi
tion. If it Is so easy to go Ito debt in
violation of the constitution think what
would be done by express authority of the
constitution. "We don't need a new con
stitution. The opportunity for mischief
would be too great.
C. E. S. "Wood Inasmuch as the fram
ers of our present constitution assumed
Infallibility and made It practically Impos
sible to amend the instrument, and inas
much as it contains a good deal of mat
ter that ought not be in the constitution
at ail, I am in favor of a constitutional
convention to revise the whole thing.
H. H. Northup I am of opinion that it
Is not now desirable to hold a constitu
tional convention. The fundamental law
should always be a conservative docu
ment. The constitution of Oregon has
served the people of the state efficiently
In the past, and there Is no good reason
to my mind why it should now be cast
aside. Conditions have not so changed as
to demand It. Again, in the present state
of the public mind, there is great danger
of many sections being introduced into a
constitution that would be unwise. It
Is the part of wisdom, in my Judgment,
to delay making a new constitution for
many years to come. When the popula
tion of our state shall have reached a
million, it may be that conditions will be
altered, so that It will be best for the
people to have a new fundamental law.
Another reason against a new constitution
is, that the present Instrument has been
considered by the courts until it is fairly
well understood by the legal profession.
A new constitution would require many
suits to determine ambigious portions, so
that the people might know what they
mean. In short. It would be a heavy
bill of expense to the people, through
the courts. I vote no on the question.
Let well enough alone.
Judge M. C. George The wisdom of a
constitutional convention really can be
determined only by the result of its la
bors. While there Is room for improve
ment there is danger possibly of losing
the good we have. We have done very
well under the old constitution. Yet on
the whole It may be well now to try a
revision. I believe the people of Oregon
are intelligent and conservative enough
jafely to be trusted in a new constitu
tional convontlon.
Raleigh Stott I consider our constitu
tion well suited for the time it was en
acted. Oregon at that time had less than
BO.OO) of white population, and the state
was organized and the constitution form
ulated to suit the conditions then existing.
We ought not to change it, unless we do
so with great consideration and care. But
time has changed conditions so, that it
seems necessary to avoid the plain pro
visions of the constitution formulated to
accomplish certain ends. This I consider
very unfortunate for the courts. It is cer
tainly best to live up to the letter and
spirit of the constitution. It is almost
impossible to do so now, and keep up
with the demands of the times. It has
been nearly one-half century since our
constitution was adopted, and there have
teen great changes in the s.tuatlan.
Hence I think that we ought to havp a
new constitution suited to the present
conditions and demands of our state.
Benton Kiltie It seems to me that the
n.d constitution Is good enough. The state
is not 1r need of a new one. I would not
be opposed to a constitutional conven
tion, however, on the ground that it
might be dangerous, but on account of
the unnecessary expense that such a con
entMMt would involve. Altogether I think
i'e old constitution is all right and I
-e no reason for a change.
Ttufus Mallory I am of the opinion that
. would be safer to let the old constitu
. on rtmtln than to undertake to change
Ii Much mischief might be done by a
i . institutional convention. I am strongly
opyaaod to it.
C. A. Dotph I am satisfied with the old
constitution. If we have a change there
is more chance of getting a worse one
than there is of gotting a better one.
Frederick V. Holman I am in favor of
a constitutional convention if it could be
so arranged that it would be in the hands
of representative people, and not be
governed by partisan politics or any olher
evil influence We have outgrown the con
stitution and need a new one. The old
one was made when wc had 40,000 people
in the state. From the number of amend
ments that are offered. It is easy to see
that some changes are necessary and I
think it would be better to have an en
tirely new constitution than to patch up
the M one. It seems to me that this is
a propitious time for holding the conven
tion, as party lines are not drawn so
strictly now as they will be or have been.
Altogether I am in favor of the conven
tion. Sylvester Pennoyor I do not favor a
constitutional oenvention. Under our sys
tem of government there is no necessity
for a state, constitution further than one
making previsions regarding the distribu
tion of power In the three departments
of government, as It is expressly stipu
lated la the Federal Constitution that
"the powers not delegated to the United
States by the constitution, nor prohibited
by it to the states, are reserved to the
states respectively or to the people." I
might, however, favor a convention if I
were sure it would prevent the judicial
department from exercllsng its legislative
power of nullifying laws, but as there is
not" much hope of that, I am opposed to
tinkering our present constitution.
James Gleason I am not at all in favor
of having a new constitution, because we
don't need it. The old constitution is good
enough. The people are satisfied with It
and would vote down any change, as they
have done in past years. I do not see the
reason for this agitation. The constitu
tion Is doing very well and why not let it
stand?
Judge A. F. Sears I desire to protest
earnestly against the attempt to frame
a new constitution. There are some de
fects In our constitution; perhaps it must
be conceded that amendment is difficult,
almost impossible; but we have lived fair
ly well under our existing organic law,
which. It must be remembered, is com
posed not only of the text, but the inter
pretations of more than 40 years, which
form an integral part of It. For the most
part, we know what our constitution Is.
Now let us not start off upon a course of
barbaric empiricism, which will efface the
work of Deady, Shattuck, Kelly, Boise.
Williams, Grover those men who did
their work so well. No man who has seen
the new constitutions which have sprung
up like mushrooms in our country In re
cent year but must view with alarm this
proposal. So little satisfactory, too, have
they proved that In a short time, almost
without exception, In these states, a cry
for still further changes has gone up,
until constitution-making has become al
most as frequent as new statutes. There
are those who demand a new Federal
Constitution; but those who recognize
that a constitution is an evolution made
up of text and commentary, earnestly
deprecate the suggestion. The case of
our own state is parallel. I can think of
no act fraught with more dangers.
Thomas N. Strong In my judgment a
constitutional convention Is a necessity.
Our state constitution Is too narrow and
unyielding for the modern requirements of
Oregon. In some portions, as in the pro
vision relating to negroes, It is archaic.
We excuse this by saying that we do not
obey it. We flout the law we made. Its
salary and administrative provisions are
impracticable, and our officers evade them
and our courts decline to be bound by
them, and the fact that the constitution
Is Inoperative In this respect Is all that
saves It from being positively crippling
to good government. As It is, it is prac
tically without respect or authority. It
cannot be amended, clause by clause, but
must be entirely rewritten to meet mod
ern conditions.
THE BUFFALO EXPOSITION.
"What the Different States Are Doing:
tor It.
The different states and territories of
the Union are alive to the Importance of
the Pan-American Exposition and all of
them will be represented there In a be
fitting manner if present plans carry, as
it Is almost safe to say they will. In
some Instances appropriations have been
made for buildings and exhibits and there
are now in various Legislatures bills
pending for appropriations.
New York State has appropriated $300,
000, and is erecting a beautiful permanent
building.
Illinois has appropriated $75,000.
Connecticut has made a preliminary ap
propriation to cover the expenses df an
exhibit and the State Board of Agricul
ture has passed a resolution unanimously
asking for an additional appropriation of
$25,000.
Massachusetts has appropriated $15,000,
with the expectation of an additional ap
propriation. Wisconsin has appropriated $25,000, and
Is erecting a building.
Ohio's appropriation is $30,000. The state
is putting up a handsome building which
is now nearing completion.
Rhode Island has appropriated $15,000,
with the assurance of more if it should be
necessary to carry cut the state's plans.
Missouri has guaranteed an appropria
tion of $25,000 to $50,000, and within the last
fortnight the Missouri commission has re
solved to ask for $100,000.
Alabama proposes to appropriate $25,000,
and a bill providing for such an" appropria
tion is now pending in the State Legis
latures Georgia appropriates a sum necessary to
pay the expenses of an exhibit.
West Virginia will have a handsome
building In advance of the action of the
Legislature, a guarantee fund has been
subscribed by her citizens to provide for
a building and exhibit.
California has completed arrangements
for an extensive exhibit through the State
Board of Trade and the Los Angeles
Chamber of Commerce. The board has In
dorsed a memorial from the Water and
Forest Association to the State Legis
lature, asking that the state make an ap
propriation of $500,000 equal to that given
by the Federal Government to have Cali
fornia properly represented at the ex
position. Michigan has appropriated $40,000 for a
building and exhibit.
Iowa has appointed a commission of
eight. The agricultural and horticultural
boards are arranging for participation in
the exhibits.
The New England States are combining
for a New England building and private
subscriptions are being taken in Maine,
Vermont and New Hampshire In antici
pation of legislative action. Plans have
been made for a magnificent building of
Colonial architecture.
Maryland has a state commission and
the Baltimore Manufactureres Associa
tion is co-operatlris with this body to
raise money for representation.
In a number of states bills asking for
appropriations for exhibits at the expo
sition are now pending. They are as fol
lows: Washington, 550,000; Oregon, $30,
000; Idaho. $30,000; Montana, $50,000; In
diana. $100,000; Pennsylvania, $100,000; Kan
sas, $50,000.
In all the other states, with only one
exception, official recognition has been
given the exposition by the selection of
representatives, members of women's
boards of managers or commissioners,
and through whose efforts legislative ac
tion is being agitated.
PLUCKY.
At the Fredericksburg performance of
last evening was witnessed one of the
gamiest theatrical incidents seen In many
days. SIgnor Antonla Perl, who, for the
past week, has been an Inmate of a city
hospital, from an Injury received in the
rehearsal of one of his acts, attempted to
fill his part In his famous gymnastic and
equilibrist feats. His spirit was willing,
but the flesh was exceedingly weak, and
he has. as a result, to go back to the
hospital for further care. Manager Brown
announced to the audience that the Fred
ericksburg would take care of the plucky
athlete, and look after his hospital serv
ice. Among the new attractions at the Fred
ericksburg this week are Professor Hunt's
dog and monkey exhibits, lately appear
ing In the Honolulu and San Francisco
Orpheums. They are marvels, well worth
witnessing.
.
Ten-Dny Slop-Over at Washington
May be enjoyed by purchasers of tickets
to Philadelphia and New York over Penn
sylvania Short Lines. Tickets via Wash
ington are sold at same fares as via direct
line of Pennsylvania System. For special
information apply to H. R. Dering, A. G.
P. Agent. 24S South Clark street. Chicago.
i
BUSINESS ITEMS.
If Ditby ! Cnttlnsr Teeth.
Be sure and use that old and iveU-trled remedy.
Mrs. Wlnslow's Soothing Syrup, tor children
teething. It soothes the child, sottens the gums,
allays all pain, cures wind coUs and dlarrboss.
MADE THIRD CONFESSION
KIDNAPER TELLS HOW AND WHY
HE STOLE "DE KID."
Chester Van Hoy, Who - Abducted
John Dltchbnm's Boy, Pleaded.
Guilty Lundeen Case Closed.
"I didn't do nothln but swipe de kid,"
said Chester Van Hoy, when he changed
his plea in the charge against him of
kidnaping from "not guilty" to "guilty."
And then he volunteered to make a state
ment, "an' tell de court jes how it hap
pened." Every one in the courtroom
proceeded to brace himself for the third
account of the kidnaping of the son of
John DItchburn which the boy's fertile
brain has given forth. This time the
"unknown man" appears, so well known
in criminal annals, who prompts deeds
PIONEER HORSEMAN OF OREGON.
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THE LATE CHARLES P. BACON.
of wickedness, and then opportunely van
ishes. Chester stood up bravely before Judge
George, and with a wise look on his boy
ish face, told his tale:
"Well, I'll tell de facts. I got acquaint
ed with a man who told me he was col
lecting boys for a Government school in
Columbus, O. He said he was a Gov
ernment official, and his name was Mc
Cloud. He said: 'Would you like to come,
too?' An' I said I -would. I had $40 with
me, and he borrowed all that from me.
We put up at a house for two days, and
then we saw de little boy playing In de
street. The man says: 'Take him for a
ride, and then come back, an' we'll get
some money for it.' I said 'No,' and then
he said: 'See here, we'll be arrested for
vagrancy If we don't have no money on
us.'
"So I thought It was all right, and asked
de kid If he would like to take a little
ride. He said 'Yes,' so I hired de rig and
picked him up on a corner. We drove
out into de country, an' before long we
come to a house an' stopped for dinner. I
told him to wait there while I went to
see my uncle, and I went back. '
"At the man's house I wrote a note ask
ing for money for returning the boy. I
didn't want to take It, but he- said: 'Do
it,' an' I did. The man told me to come
down to a wharf an' walk up an' down,
waitin" for him. When I told the police
they had me wait down there, but ha
didn't come, so they arrested me an' put
me in jail.
"When I told a man at the police "sta
tion, he said: 'Don't repeat any of that,
Johnny. People won't believe you, an'
I'm tryin' to help you.' So I said I was
alone."
The boy told his confession well, and
after that Attorney Vaughn, In his be
half, maue an appeal to the court for'
mercy. He said the boy was guilty, but
had been a victim of circumstances, and
an unscrupulous man, who had not hesi
tated to use him. He introduced affidavits
from Spokane people, who said they con
sidered Chester a good and promising
boy.
John DItchburn, father of the kidnaped
boy, said that Van Hoy's presence in the
community was a menace, as he had
shown himself to be of a cold, calculating
nature, with no moral development.
The kidnaping took place two weeks be
fore Christmas. Van Hoy demanded $75
from Mrs. DItchburn for the safe return
of the boy. He was arrested by the po
lice, and confessed. At first he pleaded
not guilty to the charge. Judge George
has taken the case under advisement, and
will pass sentence in a few days.
EVIDENCE ALL IN.
Lnndeen Who Shot a Boy, Testifies
In His Ovrn Behalf.
The hearing of testimony in the Lun
deen case was concluded yesterday after
noon, and Deputy District Attorney Man
ning summed up the evidence for the
state. He vigorously scored Lundeen's
action in firing into the crowd of young
chharen Halloween as that of a mad
man, utterly without provocation and de
serving of the severest punishment that
the law allowed.
On the stand yesterday Charles Lun
deen told the story of the shooting. He
said:
"The crowd was throwing rocks and
stones, sticks and mud, at my house,
until I thought it would be torn down. I
ran to the bureau, took out the pistol and
went to the door, thinking to fire in order
to scare the boys away and protect my
property. I fired the first shot up into the
air, and just then a stone hit me in the
eye. I grabbed my eye with my right
hand, and as I did so the pistol in my left
was discharged. I could see no children
crouching down near the woodpile."
Mrs. Lundeen testified that the boys
had thrown missiles at the house, and
had called her offensive epithets when
she warned them away.
Other witnesses testified to the depreda
tions of the Eleventh-street gang, among
them H. R. Long, whdse property was
damaged by tne youngsters. In the
crowd, he testified, was young Mattthews,
the boy who was shot. Long had chased
the boys, caught Matthews and found
him armed with a long knife.
To introduce this and similar testimony
there was a legal battle between the Dep
uty District Attorney and E. Mendehhall.
At the adjournment Saturday the defense
was making an effort to Introduce evi
dence to contradict the testimony of Bob
Matthews, and several other boys, to the
effect that they never associated as a
gang and never molested any one, as de
scribed by the defendant in the Lundeen
case. This. testimony was clearly outside
the Issues in the case, argued Mr. Man
ning, and the testimony of witnesses
could not be impeached except on ma
terial issues and against his reputation.
For the defense, Ed Mendenhall con
tended that these rules of evidence did
not conflict -with his position, which was
1 that If witnesses volunteered testimony
that was not material, evidence to Im
peach it might be introduced:
Judge Sears held to that interpretation
of the rule of law, on the ground that the
statements to be attacked had been vol
unteered by the witnesses, and had gone
in evidence without objection, following;
in so doing, the rule that if such state
ments were false, the witnesses could not
be guilty of perjury, since the 'testimony
was not material, and consequently the
only remedy Was to allow contradictory
evidence to be admitted.
The case will go to the jury this morn
ing. Court Notes.
Judge Cake granted the petition of Mrs.
Elizabeth E. Slatten to change har name
to Elizabeth Mayo.
A petition in bankruptcy was filed in
the United States District Court yester
day by Carrie Blakely. Liabilities, $280.
In Judge George's department of the
State Circuit Court a motion to pay over
to J. M. Hodson the money taken from
George Dixon at the time of his arrest
was taken under advisement.
Judge Cleland yesterday set the follow-
Ing cases for trial: Arie Hewitt vs. Sam
uel Hewitt, February 14; Mary E. Blake
vs. James Newlands et al., February 28;
Mary T. Clark vs. Robert Catlin et al.,
March 13.
Pleas of not guilty -were entered in the
Criminal Court yesterday by James Hoy t,
charged with larceny in a dwelling, and
George Murray, Frank Macy and George
Murphy, arrested on a charge of burglary
in a second-hand store.
In the estate of J. J. Phillips, the peti
tion was granted of P. H. Tynan, admin
istrator, to accept a compromise of $500
from the Southern Pacific Company, In
whose employ the deceased was when he
received injuries that resulted in his
death.
August Klosterman has filed a suit in
the State Circuit Court against Wadhams
& Co., to clear title to property on which
the latter has a claim on account of a
bill owed them. The property Is in the
Robert Gray donation land claim, and be
longed to H. E. Hansen, who gave it to
James Borthwlck to secure a mortgage..
THIS IS DOUBTLESS TRUE.
But It Does Not Affect The Oregfon
i tin's Utterance.
PORTLAND, Or., Feb. 10. (To the Edi
tor.) You say today: "Americans in dif
ficulty for treasonable conduct at Ma
nila may count with reasonable certainty
upon the sympathy and aid' of all good
antl-imperlalists at home." I fail to see
why. While on detached duty at the
Manila Custom-House, for about eight
months, I came to know D. M. Carman
well. He Is the typicial business man we
hear so much about in this country. Like
the Army contractor at home, he has
from the outset been a bitter expansion
ist. He and such as he do not care one
straw about patriotism, red-blooded or
otherwise. They do not give a second's
thought to the terrible price which is
being paid with the lives -of so many of
our young men, and the moral and phys
ical wrecks of many more, for the luxury
of ''expansion." The moral' side of a-ques-tlon
does not appeal to them. They are
cold-blopded.- Expansion helps business,
especially their particular business. There
fore, expansion is good. Hang those who
oppose it. Business is king.
Let no one be deceived into believing
that Carman has any sympathy for the
Insurgent cause. He is not the kind of
a man to sympathize with any cause ex
cept his own. His nature and training
lead him to see that It was good business
to traffic with the insurgents just as it
was good business for him to obtain a
"stand- in" with General Otis by which
the firm of Carman & Co. was given the
old Spanish concession of entering and
dispatching goods at the Custom-House,
and Carman himself was given a monop
oly of conducting bonded warehouses. His
present "difficulty" merely goes to show
that he did not have sense enough to let
good enough alone, and could not resist
the temptation to make another "big
thing" out of the insurgents.
There are Filipinos and mestizos In the
employ of the United States Government
in the Manila Custom-House who are
avowed Insurgents or were when I was
working there with them, but the mili
tary authorities have never taken any
notice of them, because they are valuable
men In their places. With them it Is a
matter of sentiment, which is quite harm
less as far as it goes. Again, Insurgents
of their class are too common in Manila
to attract much notice. It seems that the
adventurers and camp-followers who
flocked to Manila as soon as It was safe
for them to do so, and who at once" be
came fiercer expansionists than any of us
In the Army, are now giving Govern
ment the most trouble.
When we sift this thing down to Its
final analysis, we must see that it is a
perverted commercial spirit which Is at
the bottom of this unfortunate Philippine
muddle. It is that spirit, which has
prompted Carman and his associates to
do what they have done, which has leaa
certain American and English firms In
Hong Kong to engage In the business of
supplying arms and ammunition to the
Filipinos while at the same time they
were under contract with the American
Government for the furnishing of Army
supplies, artd which has convinced Army
contractors and "business interests" in
this country that we could have taken
no other course in the Philippines than we
have taken. In neither of tnese cases
Is respect due any more than in the oth
ers. Therein lies the community of In
terest. ROBT. J. O'NEIL.
AMUSEMENTS.
The New York Oriental opera company
presented A. Goldfaden's comic opera,
"The Witch, or The Jewish Polish Ped
dler," at the Marquam last night, in Ger
man. "Moschley Gericht," or "Eref Yom
Klppur," will be the bill tonight.
Three doses of Hood's Sarsaparilla dally
after meals for awhile will build you up.
OUGHT TO BE SETTLED
TITLE TO LAND IN THE NORTHERN
PACIFIC OVERLAP.
Delay in Acceptance of Surveys Also
Worlcs Hardship on People Who
Have Land In the Tract.
The owner of, a homestead in Cowlitz
County, Wasmngton, who is suffering
from the embarrassments mentioned, sub
mits the following statement of conditions
prevailing In a considerable tract of coun
try tributary to Portland:
"The statement of F. I. Whitney, gen
eral passenger agent of the Great North
ern Railway, that a great stream of im
migration will pour Into the Northwest
this year, makes It necessary for the
business interests of Portland to look into
the condition of public lands near this
cjty. Mr. Whitney suggests that Con
gress be asked to irrigate the arid lands
of the West; this will require an Immense
appropriation.
"Are there public lands near Portland
which the Government can aid the set
tlers in securing'? We shall see. Within
40 miles of Portland there are a number
of townships that have been surveyed but
the survey has never been accepted. There
are men who have been living upon their
homesteads for 20 years and are appar
ently no nearer securing a patent now
than they were 15 years ago. It Is said
that when the survey of some of these
lands was completed there was snow on
the ground and the trees wero blazed
pretty high up; that an Eastern Inspector
was sent here who knew nothing of the
difficulties to be overcome In this West
ern country where the point of the com
pass Is liable to be frequently glued to
the disk by some buried fragment of
mineral, and this Eastern man made a
wholesale condemnation of the surveys.
Surely here is a great wrong that can be
easily righted by the Government, and
no doubt will be if the proper steps are
taKen, for a double injury was visited
upon the men who settled upon these un
surveyed lands when the railroad scrip
was .permitted to be placed upon un
surveyed lands. In that the scrip has been
laid upon the lands occupied by set
tlers. "Take for Instance township 7 north
of range 3 east of the Willamette meri
dian, supplies for which point are se
cured in Portland. A glance at the plat
of this township shows that the entire
township Is tied up by the existence of
two unfortunate conditions, both of wheh
can be removed by united effort. The one
already referred to can be removed by
taking the steps necessary for the accept
ance of the survey. The odd sections are
a part of what is -known as the overlap,
and are held by the Secretary of the In
terior to have been forfeited by the
hi Al Eft ASH
AllilH l til A
1 Willi W IB A-illl
Grand Removal Sale of Pianos,
Organs and Band Instruments
Now Going On.
Not again in this country will such costly
and high-grade pianos like the Knabe, Steck,
Hardman, dickering Bros., Fischer, Sohmer,
Ludwig, Harrington and the Franklin be of
fered at the prices we are now making. The
Wiley B. Allen Co. are conducting a "Clear
ing Sale " pf Pianos and Organs. We have
sold out our small goods and sheet-music
business, but have an enormous stock of
Pianos and Organs to sell yet, and we are
closing them out as fast as we can and will
offer for any Piano or Organ to be found in
prices if you cannot visit our warerooms..
THE WILEY B. ALLEN CO.
209 and 211 FIRST STREET
FROM THE GRAMMAR GRADES
Are sufficiently advanced to take either a business or a shorthand course 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 vro
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,
Portland Business College
PARK AND WASHINGTON
A. P. ARMSTRONG, LI. B.. Principal. J. A. WESCO, Penman and Secretary.
Northern Pacific Railroad through the
failure of that company to build Its con
templated line from Wallula to Portland;
these lands are claimed by the Northern
Pacific Railroad Company, however, as a
part of their grant for building from Ta
coma to Portland.
"Contrary to the general belief, the
point at Issue between the Government
and the Northern Pacific Railroad has
never been argued "before the Supreme
Court of the United States. The Supreme
Court has delivered an opinion as between
the Northern Pacific and the Oregon &
California Railroad Companies, deciding
against the Northern Pacific Railroad
Company, the decision being rendered
about a year ago; but as between the
Government and the Northern Pacific
Railroad Company, the Supreme Court
has never given an opinion.
"The Clark County Settlers' Protective
Union has been trying, since 1891, to se
cure a settlement of the title to these
lands In dispute, and secured, through
the Spaulding case, the opinion of the
"Secretary of the Interior that these lands
were forfeited by the Northern Pacific
Railroad. The railroad company began
suit In the western district of Washing
ton, known as the Balthazar case, which
was tried before Judge Hanford, it being
an effort on the part of the railroad com
pany to compel settlers to contract with
the company for these lands In dispute.
Judge Hanford held that the Northern
Pacific Railroad Company secured these
lands through the grant of 1S72, whereas
the Government holds that the lands are
a part of the grant of 1SS4, and were for
feited by the failure to build the road
from Wallula to Portland. The case tried
before Judge Hanford was never appealed,
but the Attorney-General ordered suit
brought covering the points contained In
the Balthazar case, and a hearing was
given by Judge Hanford on December 20
last.
"This case should be carried to the
higher court at San Francisco, and then
to Washington, D. C. The business in
j& j& j& j&
p
RIOR to
IT COMES
terests of this community demand that
Vils case be carried through with all pos
sible speed and the question of title be
settled,, that these lands may become the
property of people who will develop the
resources of the country and thus con
tribute to the general prosperity."
PALOMA SCHRAMM TONIGHT
Farewell Concert at Western Acad
emy of Music
At the Western Academy of Music to
night, little Paloma Schramm, the won
derful child pianist, and her hardly less
talented sister, Karla, will give their last
concert in Portland. They will be assist
ed by Miss Edna Taylor, whose sweet so
prano voice has earned her many friends
In Portland, and who Is looked upon as
one of the most promising singers the
city has ever produced. As Paloma and
Karla are on their way to Europe, where
they will spend a number of years com
pleting their musical education, this is
the last time they will be heard in Port
land for many years, and their friends
will, no doubt, crowd the hall. The pro
gramme will Include the works of many
of the great composers, and Paloma will
play a number of her own compositions,
besides Improvising on themes given her
by the audience. There has already been
a large sale of seats,' and the prospects
are that the hall will be crowded. The
rooms bf the Western Academy of Music
are In the Mulkey building, on Second
and Morrison streets.
THERE IS A CLASS OF PEOPLE
Who arc Injured by the use of coffee. Re
cently there has been placed In all the gro
cery stores a new preparation called GRAIN-O.
made of pure grain, that takes the place ot
coffee. The most delicate stomach receives It.
without distress, and but few can tell It from.
conee. It does not cost over yt as mucn.
Children may drink It with great benefit. 15c
and 23c per package. Try it. Aslc for
GRAIN-O.
nCo's
our making arrangements
to close up our business here
in Portland we placed an order
for a lot of BAND INSTRUMENTS. They
have just arrived and we will close
them out at the European cost with
duty and freight added. They are the
Brisson and Cie make, late French
model and firstclass in every particular.
Bb Cornet .: $ 6.85
Eb Alto :..... v 9.1 5
Bb Tenor T1.05
Bb Baritone 13.00
Eb Bass 19.75
Bb Tenor Slide Trombone 6.90
Bb Coi'net, double water key.... 7.75
Bugle .....u. 2.25
TO PIANOS
reject no reasonable
our stock. Write for
PORTLAND, OREGON