THE MORNING OREGONIAN, WEDNESDAY, FEBRUARY 27, 1901.
IN-THE SEVERAL COURTS
FIREMEN'S CLAIMS COME UP FOR
HEARING.
Safe-Cracker Long' Bad Record Pre-
vents Him Receiving; Merer,
Which the Jury Anlccd.
The claims against the City of Portland
known as the "firemen's claims," came up
before the Circuit Court yesterday for
final trial. The proceedings were had be
fore Judges Sears, Frazer and George.
This Is the first case tried under the new
law, which was signed by the Governor
on Monday, allowing the Circuit Judges of
the fourth circuit to dispense with a jury
upon the agreement of counsel, and have
both the law and the fact tried by one or
more of the Judges. The present series
of cases being Important both to the fire
men and the city. It was deemed beet to
dispose of the whole matter before three
Judges, with Judge Sears presiding.
The various claimants were represented
by James Gleason, John F. Logan, O. F.
Paxton and J. V. Beach. City Attorney
J. M. Long appeared for the defense. Upon
agreement, the periods of the different
employments, the names of the firemen,
the amounts of salary allowed by the
charter of 1893, the sums actually paid to
the men, and the balance due If the legal
contentions of the plaintiff are found to
be true, were stipulated, as shown In a
carefully tabulated statement prepared by
TV. T. Branch. This was marked as the
principal exhibit In the case. The claims
amount to over 530,000. A vital question
In the case Is whether the claims sued
upon were presented to the proper author
ities for approval or rejection.
A. L. Powell, who was secretary of the
Board of Fire Commissioners under
Mayor Frank, testified that TV. T. Hume
made such a demand, and he chaffed
Hume about making a demand for back
pay. Mr. Powell did not remember all
of the particulars, as it was so long ago.
M. M. Bloch testified that a demand
was made to the Fire Commissioners and
others at different times. At noon the
case was adjourned until today, because
of Illness In Mr. Long"s family. Additional
evidence will be submitted.
The charter of 1893 provided specific
salaries for the firemen, who for years
were paid a reduced scale. Mr. Gleason.
In his opening statement, asserted that
the men whose clalihs are involved In this
suit never signed any agreement to take
less than the positive amount provided for
by the charter. The city, in one Instance,
had to pay $11,000 of these claims under
a Supreme Court decision.
mercy of the court, for two jurors who
had refused to sign the verdict unless this
was done, one of them had come to him
and stated that this action had been
forced upon him under a misapprehension,
and that for himself he did not wish the
court to consider the recommendation for
I mercy. A stay of 30 days was granted to
ajiow defendants attorney to prepare a
bill of exceptions.
ALTSCHUIS CASE ARGUED.
All the Points In the Columbia
Southern Snlt Involved.
The case of Charles Altschul vs. the
Columbia Southern Railway ct al, was
argued before Judge Bellinger on an or
der to show cause why a receiver should
not be appointed. The points at Issue in
the suit are the same as those in the
numerous suits brought by Drake C
O'Reilly against the railroad and its of
ficers. Altschul is a purchaser of 23
shares of stock from Drake C. O'Reilly,
is a resident of San Francisco, and pres
ident of the "Willamette Valley and Cas
cades Mountains Military "Wagon Road.
The contention of the plaintiff Is that
the management Is endeavoring to wreck
the road and divert Its resources, and
to freeze out O'Reilly and his associates
from the road by unjust and unlawful
assessments on their stock. The defense
holds that O'Reilly and his associates
are endeavoring to Injure the railroad
and its management by bringing these
suits, and that the assessments com
plained of have been paid by President
Lytle and all the stockholders, except
O'Reilly. Affidavits have been filed sup
porting the contentions of each side.
COMMISSION ORGANIZES
OREGON DELEGATES TO BUFFALO
ELECT OFFICERS.
FIATS YEARS' SENTENCE.
Burglar Long: Doe Not Receive Ex
treme Mercy.
J. A. Long, convicted of cracking the
safe of the Blue Mountain Ice Company,
was yesterday sentenced to five years In
the penitentiary by Judge George. When
asked whether he had anything to say
why the sentence of the court should not
be pronounced upon him, Long arose and
stated that if granted a new trial he could
establish his Innocence. "With considera
ble hesitation, he admitted that he had
previously been sentenced to five years In
the Salem prison for larceny, and said
that he had been pardoned after serving
two years. He asserted that he had been
on a spree with another man who asked
him to keep his pursa. When he recovered
from the effects of the liquor, he found
himself under arrest for larceny, and
pleaded guilty. He was questioned wheth
er he had ever been In San Quentln Peni
tentiary, and, after a considerable pause,
answered In the negative. As the sen
tence wa6 pronounced. Long declared:
"That's five times what the Jury wanted
l.." to have."
Judge George explained that, while the
3'ry had brought In a verdict of guilty
recommending the prisoner to the extreme
Conrt Notex.
Mrs. Anna "Woods was appointed admin
istratrix of the estate of her father, J.
L. Smith, deceased, which consists of $300
cash.
Thomazine P. Scott was appointed ad
ministratrix of the estate of her mother,
Thomazine Endey, deceased, comprising
$1175 cash, notes valued at ?S25, and real
estate appraised at $2000.
Bertha Johnson, as guardian of her sen,
Andrew Johnson, a minor, was authorized
to compromise a claim against the 0. R.
& N. Co. The young man was run over
by a train of the defendant at VIento, In
July last, and his leg had to be ampu
tated. He contended that he was thrown
from the train by a brakeman, and the
company asserted that Johnson was rid
ing on a truss rod and fell off the car.
Damages in the sum of JIM were agreed
upon.
PIONEER OF 1841.
Death of Chnrlex R. McICny, Inillnn
TVnr Veteran.
Charles R. McKay, who died Monday
afternoon after a severe attack of pneu
monia, was a pioneer of 1S41 and a well-
Known Indian war veteran. He was
born January 16, 1S29, at Winnipeg. Man
itoba. He came to Oregon from Win
nipeg at the age of 12 years and resided
in the state continuously. He served In
the Cayuse Indian war of 1S4S as Fourth
Sergeant, under Captain Shaw, and on
one occasion was the messenger for Gen
eral Howard In carrying a message to
Chief Joseph. He was naturalized at Ore
gon City In 1S49. By trade he was a
brick mason and in physique he was
large and powerful, being over six feet
tall. He was married to Mary Spcnce
September 16, 1850, and later to Mary
Cook, who survives him. He leaves three
children, J. C. McKay, of Seattle: Mrs.
John Lyons, of Roy, Wash., and Mrs. C.
W. White, of G31& Washington street,
Portland, at whose residence he died. He
will be buried at Harrison Cemetery. The
funeral service will be held at Glencoe,
Washington County, Or., Thursday at 11
Mr. McKay came from a well-known
and highly esteemed family of pioneers,
his mother, the late Mrs. Letltia McKay,
known as "Grandma" McKay, had been
for many years one of the conspicuous
figures and was universally beloved for
her many kindly acts.
A. P. Tlfft, of Portland, President
Henry E. Dosch, Gcncrnl Superin
tendent of Exhibits.
The Oregon State Comimsslon to the
Pan-American Exposition, at Buffalo, was
organized yesterday by an election of these
officers, at room 710 Chamber of Commerce
building: President, A. P. Tlfft, of Port
land; treasurer, H. B. Thlelsen, of Sa
lem; secretary. John H. Burgard, of Port
land. Executive committee E. L. Smith,
of Hood River; H. B. Thlelsen,- and A. P.
Tlfft.
Henry E. Dosch. well known as secre
tary to the State Board of Horticulture,
to be sent would In every way be worthy
of Oregon, from the varied character of
Its Immense products. Every branch
would be well represented.
The Oregon commissioners to the expo
sition are: E. V. Carter. Ashland; R.
Alexander. Pendleton: A. Gelser. Baker
City; C. H. Thompson, Baker City; E.
L. Smith, Hood River; H. B. Thlelsen..
Salem; A. J. Johnson. Astoria; Mrs. Edith
Tozler Weatherred, Portland; J. H. Bur
gard, Portland, and A. P. Tlfft, Port
land. The next meeting of the commis
sioners will take place March 11.
It is noteworthy that several members
of the commission formerly lived at Buf
falo or adjacent territory In the Empire
State, and know the Interest and curi
osity Easterners have in an exhibit from
Oregon.
JOIN NATIONAL VETERANS
OREGON'S SPANISH "WAR MEN TAKE
ACTION.
MATINEE TODAY.
"Uncle Tom' Cabin" "Will Be Given
at the Metropolitan.
Such has been the demand for seats for
"Uncle Tom's Cabin" at the Metropolitan
this week, that the management has de-
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THE LaTE DR. E. P. FRASER.
was appointed general superintendent by
the commlslson to take charge of Oregon
exhibits at Buffalo. He will start from
Portland about April 1. and will be at
Buffalo during the entire exposition, which
opens May 1. It was decided to ask that
all persons wishing to send exhibits to the
Oregon building will communicate at once
with General Superintendent Dosch, at his
office. 246 Washington street, as the col
lection of exhibits will begin immediate
ly. It Is Important that no time should
be lost In getting Oregon's exhibit in or
der, as the Journey, by freight, from this
city to Buffalo, will take about IS days.
It was explained that the commissioners
do not have personal charge of the ex
hibits at Buffalo, but that they have con
trol of all expenditures Incurred.
Discussion ensued as to the prospects
for exhibits, and General Superintendent
Dosch stated that from the number of in
quiries already made by intending ex
hibitors, he felt assured that the exhibit
termlned on giving a special matinee this
afternoon. This Is the r.rst time "Uncle
Tom's Cabin" has been seen In Portland
for a number of years, 'and the way it has
been received this week proves beyond
question that it has lost none of Its old
time popularity.
"WnnhiiiRTton Powtal Order.
WASHINGTON. Feb. 10. A postoffice
has been established at Phoenix. Spokane
County, Washington, to be supplied by
special service from Spokane Bridge.
Willis J. Keslnger has been appointed
postmaster.
Tne postoffice at Lapush, Clallam Coun
ty, Washington, will be discontinued af
ter February 2S, mail going to Boston.
Dr. Snnford'jt Liver Invlsrorntor.
Tho best liver medicine. A vesetable cure for
liver Ills, biliousness, indigestion, constipation,
malaria.
Legislature Censured for Not Making
Appropriation for the Monument
Memorial Day Observance.
At the second annual meeting of the
Spanish-American War Veterans, of Ore
gon, last nltrht. It W!H riorlrll tn oV.it,-
don the state organization and Join tho
National association of the same name.
The meeting was held at the Armory, and
was presided over by General O. Sum
mers. Adjutant-General Gantenbeln acted
as secretary. Six of the 15 camps of the
Spanish-American War Veterans were rep
resented, and about 50 ex-soldiers were
present.
The principal subjects discussed were
the raising of a monument fund, the
erection of a suitable monument at the
military plot at Rlvervlew cemetery; ob
servance of Memorial day; consolidation
with the National Spanish-American War
Veterans; organization of a state branch
of the Array of the Philippines; receiving
reports and the passage of resolutions.
Among tho matters creating the warm
est discussion was the action of the Leg
islature In falling to make an appropria
tion for tho monument. This action was
strongly disfavored, and the ways and
means committee will not be mentioned
In tho resolutions to be tendered to friends
of tho veterans.
A report of the committee on buttons
showed thnt $3000 had been received from
the sale of theso articles. About $000 was
used for expenses, of which $750 was for
manufacture of the buttons. The residue
was given to H. W. Scott, as custodian
of the monument fund. There are on
hand GOOO buttons, to be sold when tho
occasion arrives to dispose of them.
It was announced that the money ap
propriated by the Legislature to reim
burse the volunteers for the clothing
sold them, would not be available for 30
days, as the bill failed to carry an emerg
ency clause. The relief committee report
ed having received $50. Nearly all of
this sum has been expended.
Resolutions thanking members of the
Legislature who were friends of the ex
soldlers will be presented, a committee
being appointed to draft the document.
Special mention will be made of Repre
sentatives Poorman and Story and tho
Military Board of the state.
As to observing Memorial da3 the local
camps will assist to the best of their
ability.
General Summers stated that the vet
erans' association in Oregon was disor
ganized, each camp acting to suit Itself.
By reasor of a lack of complete organiza
tion the best results cannot be obtained.
This statement brought up the question
as to the advisability of dissolving the
state association and joining the National
organization. Under the constitution and
by-laws of the larger order a business
like association could be formed, but
there would be fewer oftlces. It was de
cided, after long discussion, to merge the
state Into the National organization and
that a commltteee be appointed to arrange
for the consolidation. This committee,
which is composed of a representative of
every camp present. Is as follows: Sum
mers Camp, C. E. Baty; Harrington
Camp. J. Kemp; Camp H. C. E. McDon
ell; Corvallls Camp, George Telfer; Rose
burg Camp, F. W. Hay. The committee
will meet Immediately to prepare to carry
out the desires of the encampment. The
state association Is to be In effect until
the nhaiurc 1q mnrtt. Aftpr tho hinlness
of the evening was completed social talks j
ncic uiduc uj iuue picacin.
SALE STILL ON!
15 pieces pure Pepsin gum ; 5C
-3 packages Beeman's Pepsin gum 10c
Other Gums at Same Price
Frog In Your Throat 3 for 25c
"Stop That Cough" Drop ...3 packages for 10c
BARGAINS
In Gents' Coin and Ladles1 Fine Purses.
Our Window Tells About Them.
Laue-Davis Drug Co., 3d and Yamnill
li
ggggS
arylatia Hliib
Pure Rye Ulftisfeey
It tastes
old because
it is old
CAHN, BELT & CO., Baltimore, Md.
FLECKENSTEIN MAYER CO., Sole Distributors
Portland, Oregon
size of a hazelnut and when tested was
found to be pure gold. It has often been
asserted that gold would some time
be found In the gravel pits of Powell s
Valley, but outside of finding a very
faint color by prospectors thl nuggnt Is
the first gold found of any consequence
The find may start a gold excitement.
WAHT A RAILROAD SWITCH.
t
i .
! 7M
A Happy Combination.
Of the many dentifrices 1
have used in the past ten years
1 liaveiounri vnnrSn7nnnvr-ir
be ore-eminent. You lmn mnrfo n hnnr,
combination of antiseptic and healing
remedies, with a delightful taste and fr
grancc beyond comparison."
Found Gold Xngget.
A little excitement has been occasioned
in Powell's Valley by the finding of a 53 j
gold nugget on the farm of . Stanley
out on the Base Line road. It was
picked up In the gravel and Is about the
Residents of Montavllln WorUInsr for
a Spur From the O. It. & X.
The people of Montavllla. through the
Sub-Board of Trade, are going to make a
vigorous effort to build up that thriving
suburb. This organlatlon will resolve it
self Into an Improvement association, as
well as being a part of the Portland
Board of Trade, and will work to secure
material advantages. A number of com
mittees appointed at the last meeting are
now working on several matters, chief
of which Is to secure construction of a
switch from the O. R. & N". railway, the
main line of which passes a short distance
north of Montavllla. This switch Is not
wanted to extend Into the town, but Its
construction Is waned so freight of every
kind may be delivered from the main
line. Lumber, coal and wood yards are
wanted very much, and If a spur from the
main line of the O. K. & N. were built
these would soon be established. Much
building has already been done at Mon
tuvllla and much more Is in progress, but
Amdonf
7y?irTf.JRirATji
By mail; 23c a- i .. hnj.t Huckel.N.Y.Cifcv-
It Is expensive to get lumber deUrered
, so far out.
A member of the committee having the
switch proposition in hand said yesterday
that besides the.e inducements at least
20 carloads of feed would be required at
Montavllla alone, besides the large terri
tory off to the south and east, and on
the whole be Is confident it can be sho-wn
that It will pay the company well to
put in a spur north of Montavllla and
also a small freight depot. The Sub-Board
of Trade will hold a meeting Thursday.
March T. at Odd Fellows" HalL when a
full attendance of the citizens Is desired.
Besides the switch proposition some other
matters of Importance wilt come before
the m-tScsi
!ti&&&i
&?'
Orl 1
THAT HAS EVER OCCURED IN PORTLAND
TAKE YOUR CHOICE THEY ARE ALL THE SAME TO US
First Floor
Scores of Pianos of various makes, sizes and patterns,
some brand-new, others slightly used, all will be displayed in
plain view, and any Piano on this floor, irrespective of its
cost or actual value will be sold for $150.00. Some are
well worth double this amount. Some even worth three
times as much. Be your own judge and make your own
selection. Every Piano offered for sale is fully guaranteed.
Second Floor
Here will be displayed some very valuable instruments.
A few slightly used Fischers, Ludwigs, a Kimball, Chickering
Bros, and a number of brand-new instruments which sell in
other warerooms for actually double this amount. They
can be seen all together, and anyone can take their choice
for just even S200.00. We exclude Piano dealers from this
sale, t)ut all others will be allowed to select from the lot,
one 'or more Pianos, and each instrument will be fully
guaranteed.
50.00
Third Floor
Here are Pianos that will be a marvel of surprise to all
those that see the.m. High-grade Pianos, some without a
blemish, a few somewhat shop-worn, received back from
our various agencies, and others taken back from delin
quents after being partially paid for. Chickcring Bros.,
Fischer, Stcck. Ellington, Hardman, Sterling, Behr Bros., and
many other celebrated makes. Just simply take your
choice we don't care now. We are selling, out, and May
1st will open up music warerooms in San Francisco.
THE WILEY B. ALLEN COMPANY ARE STILL IN PORTLAND, OR.
AND WILL REMAIN HERE UNTIL APRIL 30, 1901
1 After that date our successors, the Gilbert & Tones Co.. will take oossession and we will ooen uo our wholesale and retail warerooms in San Francisco,
and at which point our great distributing- depot is to be located. Such a sale as we are now conducting can never occur in Portland again because it will be
quite impossible for any dealer or set of dealers to bring together at any one time such a bright array of so many valuable instruments and so many different
makes for such sums as $150, $200, $250. respectively.
Our warerooms will remain open night and day during this sale, and the early caller will get the advantage of first choice. The various floors, however,
will be replenished from our wholesale department from time to time as the sale goes on until we have sold several hundred pianos. This is a sale of immense
proportions and when it is terminated we hope every home in Portland and vicinity will be possessed of a fine piano. Easy terms given and no reference
required.
THE WILEY B. ALLEN COMPANY
209-211 FIRST STREET,
PORTLAND, OREGON.
COMET
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