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About Morning Oregonian. (Portland, Or.) 1861-1937 | View This Issue
THE MORNING OKEGONIAN, WEDNESDAY, MAEOH 6, 1901'.
Eyes tested free of charge by com- J Artistic Picture Framing at Popular
pstent optician. ' Prices.
Watches Cleaned and Repaired.
b-: 9 Txh
m jt j l Jtxk t r S ? Si
1901 Spring Millinery
First showing of early Spring
Styles in Women's Headwear
and particular introduction of
very broad and
Hats combining elegance, fashion and practicality.
Reproductions of chic Parisian models, all made
in our own workrooms by our must skillful trimmers.
The distinctively original designs remove the ob
stacle of duolication. They are made of straw,
braid, fancy net ribbons, flowers, etc. $8.00 for a
hat of equal value would be considered a fair price
if sold elsewhere. For the top-notch of style at a
medium price 'twill be difficult to find their equal,,
our price $4.98 being based alone on the value of
the materials used.
A LARGE SHIPMENT OF
NEW SPRING WALKING HATS
A profusion of the latest creations for street and
general wear. See window display for hints. The
true merits can be seen only by visiting our millin
ery parlors. Second floor; take elevator.
TWO NEW MEMBERS
Port of Portland Board Now
C. F. SWIGERT AND C. F. ADAMS
eral days. Mr. Selling- objected to Satur
day, and moved to adjourn until Friday
at 3:30 P. M.
"Friday's a bad day the hangman's
day," objected Rellly, -with a mournful
"It's not; It's the luckiest day of my
life," said Chairman Hughes, and Rellly's
objection was overruled, so that the per
manent organization will be effected on
that ill-omened day, -when tho new mem
bers will be present.
IN FAVOR OF MRS. SITTON.
Charles E. Laild Tclesrrnplis His lies
igrnntion From California Per
manent Organization "Will Be
effected Xext Friday.
Charles E. Iadd resigned yesterday as a
member of the Port of Portland Commis
sion. His vacancy and that of T. B.
"Wilcox were filled by the election of
Charles F. Swlgert, secretary and treas
urer of the City & Suburban Railway Com
pany, and Charles F. Adams, president
of the Portland Gas Company, and secre
tary of the Security Savings & Trust
The members of the Port of Portland
Commission assembled leisurely yesterday
at ternoon, and there was considerable but-4on-holIng
of commissioners from outside
sources. As Chairman Hughes called
the meeting of the members to order, he
received a note, which he read, then ex
claimed: "There, I have received a sum
mons from a very prominent man." The
commission assented to his absence, and
he returned saying: "Well, my mind's
made up. I stand where I did yesterday,
Jn favor of the appointment of Mr. Swl
gert and Mr. Adams."
He meditatively blew some smoke from
a half-lighted cigar, and faced the Com.
mission: "Well, gentleman, as Mr. Ban
field prophesied, we have received some
nevts since yesterday. There, read that,"
and he dramatically handed over a tele
gram. It was as follows:
Del Monte. Cal., March 5. Assistant Secre
tary E. T. C. Stevens: I bes to advise I de
cline to serve as a memb?r of the Port of
Portland Commission. CHAS. E. LADD.
The mystery of Monday's meeting had
been Commlsisoner Banfleld's fight for
postponing permanent organization, on the
ground that he had inside information
that something was going to happen in 24
hours. His mysterious air had aroused
the curiosity of the Commission. What
was going to happen? Banfield refused to
When the telegram was read yesterday
Banfield wore a mild I-told-you-so look,
while the other Commissioners looked re
lieved. "You were right. Mr. Banfield. Some
thing did happen," said Mr. McCraken.
"That It did, Mr. Banfield," chimed in
"And we didn't lose anything by the de
lay," said Banfield, pleased at the con
gratulations and recovering sufficiently to
relight a half-smoked cigar.
"We're now ready for business."
"And that business Is the election of
new Commissioners," wedged In Chairman
Hughes. "I was perfectly frank at the
laj-t meeting in stating that I had con
ferred with prominent citizens, and that
they recommended Messrs. Swlgert and
Adams. I feel grateful to those gentle
men for saving the bill, and I believe the
appointments will be excellent, and so re
garded by the public."
"I'm with you," chimed In Rellly.
"I second the nominations," said Mr.
McCraken, nodding his head appreciative
ly. "They are excellent men."
Mossars. Selling and Banfield approved,
and a motion was made closing the nomi
nations. Selling, however, insisted that
the vote should be by ballot, even if the
board was unanimous, because It might
set up a bad precedent.
"Every member should have the privil
ege of voting by ballot, and voting no If
he wants to." said Selling.
On the vote both Swlgert and Adams re
ceived five affirmative battots, and were
An effort was made to secure the new
members and to proceed with the perma
nent organization. Assistant Secretary
Stevens telephoned for the two. Mr. Swi.
gert was found to be In Seattle.
"Now, isn't that too bad," said Mr. Stev
ens, to the Commission.
All five assented.
Mr. Stevens kept on telephoning.
"Mr. Adams is sick came In squeaky
tones from the receiver.
"Oh, dear!" ejaculated Mr. Stevens.
It was then decided to adjourn for sev-
Comment of Outnlde Paper Touch
ing Situation in Portland.
In an editorial under the caption, "Port
land's Latest Trouble," the San Francis
co Bulletin submits the following re
marks: "Not satisfied with the ordinary troubles
Incident to the pilotage of a thriving city,
Portland has undertaken to decide by
election whether or not a woman shall,
serve on the next School Board. Mrs. Slt
ton Is the candidate's name, and The Ore
gonian, while partially noncommittal, has
many nice things to say of her. Nat
urally enough, others frown upon the
choice, using the threadworn argument of
woman's Incapacity and general want of
business ability, but If The Oregonian's
estimate of the lady be faithful, Portland
need have little fear of disaster to the
School Department In the event of Mrs.
Sitton's election. San Francisco's Board
of Education Is presided over by a lady,
and It is doubtful If a more capable execu
tive has ever occupied the position. True,
not many women are equal to the respon
sibility involved in the office, but every
city has at least a few from which to
draw. Broad culture, close application, a
fair knowledge of human nature, some
executive ability and a devotion to the n
tercsts of the department are the only
requisites necessary, and in this age "of
advance, where woman is treading upon
the heels of man in almost every conceiv
able vocation. It Is not surprising that
many should be found possessing these
qualities. Besides, there Is no position
more suitable to the talents of a bright
woman of affairs than that Involved in
the management of the School Depart
ment. There she comes in contact with
those of her sex. and In numerous ways
she Is enabled to extend a helping hand
and a word of sympathy, which her male
associates are frequently too prone to
"The gifted American woman has come
to be recognized as a force In business
and professional affairs In all lands. Not
long ago Wu Ting Fang, the Chinese Min
ister, made this observation: 'No foreign
er in America falls to be Impressed with
the Importance of the role women play In
this country. Their activity In the social
and business world gives certain subtle
qualities to American life not found where
the influence of women Is less generally
and definitely exerted. It seemed to me
once that there was danger of woman
usurping man's place in the world. I have
come to think It does not much matter if
she does. I believe In the survival of the
fittest. Success, surely. Is the only test
of fitness. Let the women go on, then;
let them go as far as they can. Those
who are unfit for the race will fall by
the wayside, and only the truly fit can
"That Is a high tribute to our woman
hood, and shows that Wu Ting Fang
keeps apace with the times. Success Is
surely the test of fitness, and if the voters
of Portland but take a leaf from the ex
perience of other cities, they will have
no hesitation In placing Mrs. Sltton ahead
at the polls."
Convicted of Larceny.
James Hoyt, a young man. was tried
and convicted in the Criminal Court yes
terday of larceny In the dwelling-house
of William Zlmmer. of a manicure set and
other articles. The manicure set was re
covered in a pawn shop, where Hoyt sold
it for $L The defendant In his own be
half testified that a man with red hair
whom he had known at Anaconda, Mont.,
gave him the manicure set with Instruc
tions to sell It. and that he got 25 cents
for so doing. Hoyt on cross-examination
by Deputy Prosecuting Attorney John
Manning, admitted having served a term
in the Walla Walla penitentiary for burg
lary. Mr. Manning In his argument to thp
Jury pointed out that the "other fellow"
was blamed for many of the sins of
guilty persons, and that the red-headed
Individual mentioned In this case was a
myth. The Jury was out but a few minutes.
It is no longer necessary to take blue
pills to rouse the liver to action. Carter's
Little Liver Pills are much better. Don't
v-m Jf -- -- ygrs g my
Last Two Days of
Sale Dress Goods
Our regular 75c quality,
Black Sponged and
Shrunk Cheviots at special
Our regular $1 54inch
mixed Homespuns and
Cheviot Suitings at special
Another Shipment of
50c, 65c, 75c yd
More NEW RIBBONS
Jn Polka Dots, Persians,
35c to $1.00 yard
Exquisite New Designs
In FOULARDS and
Fancy Woven Silks.
New Gold Buckles
at Trimming Counter
English and American
Walking Hats. More
new styles shown today.
New JIrt Burlaps, Silka
lines and Cretonnes.
A w l igyx ;
will be unloaded from
the ship this morning.
,72 inches by 90 inches
Real value 50c, at
43 inches by 56 inches
Witby PillowCases, real
value I5ct at
Big Sale of
Gingham and White Lawn
Aprons good large size
for active use in house
plain, lace or embroidery
trimmed, today only
WAS NOT AN EMBEZZLER
EXTRADITION' PAPERS REFUSED
FOR ELI FRANK.
Judge Bellinger Held, Under Laws
of Oregon, Defendant "Was Part
ner "With. Complainants.
Judge Bellinger rendered a decision yes
terday denying the application for the ex
tradition of Ell Frank, and ordering him
discharged from custody. Frank, who Is
now a resident of Portland, was arrested
about a week ago on complaint of Lenz
& Leiser, of Victoria, who charged that,
while in their employ, he had embezzled
The facts In the case, as shown in the
hearing before Judge Bellinger, were that
an agreement was entered into between
Lenz & Leiser, S. G. Spense and Frank
by which Frank and Spence were to sell
goods for the firm In Dawson under the
name of Spence & Co., and Frank was to
share In the profits, but there was noth
ing said about the losses. This arrange
ment, the court held, constituted Frank
a partner, and, therefore, according to
the laws of this state, he was not guilty
of embezzlement, and, therefore, could
not be extradlcted.
The decision was a lengthy one, con
taining quotations from the testimony
taken In the case, and entering Into the
law relative to extradition cases.
Counsel for defendant questioned the au
thority of the agent claiming to represent
the Provincial Government, and alleged
that defendant had an Interest as a part
ner In the funds which he was charged
with having embezzled. The salient points
In Judge Bellinger's decision were:
"I am satisfied that the authority of
the agent of the Provincial Government
of British Columbia Is sufficient to war
rant the extradition of the defendant. If
the evidence, under the laws of this state,
can "be deemed sufficient to sustain the
charge. There Is room for question, un
der the facts, as to the Jurisdiction on
which the alleged conversion took place,
but as to this, I am of the opinion that
the failure to turn over the money to
Lenz & Leiser at the City of Victoria,
within a reasonable time after his re
turn from Dawson, Is sufficient to war
rant an Inference of conversion by the
defendant of the funds In his keeping.
The firm of Lenz & Leiser seems to
have had considerable doubt upon this
question. If not upon that of partnership.
Inasmuch as the proceedings were not
Instituted until a period of six months
had elapsed from the time when the de
fendant arrived In Victoria, during one
month of which time the defendant Frank
was In and about the City of Victoria
and In the place of business of Lenz &.
Leiser. It appears that during this time
the defendant endeavored to have what
his attorneys call a settlement of the
particular matters In question, and em
ployed attorneys to that end; and that
the firm, on Its part consulted attorneys,
whose advice seems to have left the mat
ter of the defendant's criminality one of
"The material question to be consid
ered Is, Are the facts In the case suf
ficient to sustain the charge made? The
treaty provides that the evidence of crim
inality must be shown according to the
laws of the place where the fugitive so
charged shall be found. It Is conceded
that In this state, upon the principle
of common law. the general rule Is. that
the ownership of the property alleged to
have been embezzled must not be In the
accused, either In whole or In part, and
that If the defendant was a partner In
the business from which the fund was
derived, he cannot be held for embezzle
ment." Judge. Bellinger then referred to the
testimony of S. G. Spence, of the firm of
Spence & Co. He testified that an agree
ment was entered Into between Lenz &
Leiser. the witness and defendant Frank
by which Frank was to share In the
profits, although the firm was to be con
tinued under the name of Spence & Co.
He testified that when Frank left Daw
son he gave him this money to carry to
Lenz & Leiser. The witness also testi
fied that Frank had authority to sell
goods, but nothing was said about what
would happen if the firm lost money,
although he understood that the loss
would fall on Lenz & Leiser.
Mr. Lenz testified that he Invited Frank
to enter Into the business venture, by
which the latter was to receive one-half
of the profits at the end of the season.
"Mr. Lenz," continued Judge Bellinger,
"when questioned with reference to the
expenses of Frank, testified that Frank
could have drawn his expenses, but It
docs not appear that In the arrangement
between the parties there was any ar
rangement for such expenses. It appears
from the testimony that Spence & Co.
at Dawson used the proceeds of the sale
of goods to buy other goods. In the con
duct of their business.
"On the hearing, the rule that where
compensation Is to be paid on the basis
of a sharing of tho, profits there Is no
partnership, was contended for. The rea
son for such a rule is obvious. Where
compensation is to e 'paid upon the basis
of a sharing In the profits, no interest Is
acquired In such profits. Reference Is
had In such a case to the amount of prof
Its, merely as a standard by which to
measure the compensation to be received.
In all such cases, as suggested, there is no
interest In the profits as such. The com
pensation that is to be paid Is something
distinct and apart therefrom. But if the
compensation Is to be paid In profits, a
different rule obtains. In such case, the
party acquires an interest In the profits
"It clearly appears that the defendant
had an Interest fn the business of Spence
& Company at Dawson. It was not a case
of compensation on a basis of profit-sharing,
but one of community interest in the
profits of the business; and it was more
over a case of'parnership, although It is
not material that the technical relation
of a partnership be shown, so long as an
Interest is shown In (he fund which Is the
subject of the alleged embezzlement.
"The fact that Frank Old not put money
into the firm of Spence & Company, or
that the arrangement under which he be
came connected with the firm differed
from the arrangement under which a man
named Guttman had formerly entered,
signifies nothing more than a possible dif
ference, not in the relation of the two in
dividuals to the firm, but In their re
spective Interests In It.
"The agreement made with Frank was
for one-half of the profits of the business
of Spence & Company. That Is admitted
by the parties to the arrangement. Hav
ing that Interest In the fund In his hands,
he could not under the laws of Oregon be
guilty of embezzling the fund. His Inter
est was not postponed until the end of
the season. It was a present Interest
that would continue until an accounting
and a settlement was had. The question
of losses makes no difference. It seems to
be conceded that if Frank was to share
In the losses of the business, as well as the
profits, lie would be a partner. Now, it
Is elementary that, except In cases special
ly provided by statute, an agreement to
share profits, nothing being said about
losses, amounts prima facie to an agree
ment to share losses also. Here there
was an agreement to share profits, noth
ing being said about losses; and this es
tablishes a partnership.
"It is plain for the testimony that the
parties went 'In together' for the season;
that Lenz and Leiser and Spence arranged
to go In with Frank: that Frank was to
have half the profits; that losses were not
mentioned or considered. All of these
terms are those common to a Joint ven
ture, and to nothing else, much less to a
mere hiring. So, too, of the conduct of
Spenco in explaining the partnership
name of the year before, and suggesting
that they would leave It as before con
duct not likely to accompany a case of
hiring, but such as might be expected In
a case of joint venture.
"If the case were doubtful, I should hes
itate to refuse the necessary certificates
entailing the authorities of British Colum
bia to the acquisition they apply for. In
such a case some deference might prop
erly be given to the opinion of the au
thorities of that province. But the case
admits of no doubt; and it is moreover pe
culiar in the circumstances that the law
of embezzlement differs essentially In Brit
ish Columbia from what It does In Ore
gon. Mr. Martin, who appears for the
province, and Is learned In Its laws, testi
fies in that Jurisdiction, a partner may
be convicted of embezzling the funds of
his firm; so that, upon the facts so far
appearing, the defendant would be liable
to a conviction In the foreign country, al
though not guilty under the laws of this
state, by whose laws his criminality must
be tested on extradition. If the law of
the crime charged was the same In both
jurisdictions an erroneous Interpretation
against the defendant of the law here
would be corrected on the trial In the for
eign Jurisdiction, but without this, such
an error becomes irretrievable. The ap-
Free Instructions in Art Needlework today to those purchasing' materials here. An ex
pert instructor in Charge. (Second Floor.)
" Gendron " Carriages and Go-Carts, every style, $4.25 to 35.00.
er Silks Seek jhavor
Daintiest of Summer Silks are here The Foulards The
Wash Silks They are here in such a profusion of patterns
and colors as to almost bewilder. Wash Silks in immense
variety the largest by far ever shown in Portland or the
"CHENEY" FOULARDS. That sentence carries character
with it, for no other Foulards can compare with them.
There are bold natterns there are small neat designs.
grouped polka dots, Oriental designs, Orchid ligurings, tree
scrollings, no set patterns ; designer has done his work with
an abandon of conventionality. Their coloring 's their chief
Blues include Navy, Porcelain, Cadet and Goblin. 3rowns,
shade from a strong golden to a beige. There is Old Rose,
Reseda, Heliotropes, Silver Grays, and not least, black and
white and white and black.
Prices Wash Silks, 50c yard. Foulards, 85c, $1, $1.25 yard.
Oriental Tapestries, eight
handsome designs, suitable
for tapestry, couch or pil
Regular 65c value .
Per yard 47C
A great lot of pretty pil
25-cent kind 0
A lot of pillow tops in silk
velour and satin, plain or
75c values at oOC
Oriental heads for deco
rating cozy corner in the
Medium size $1.65
Large size $2.25
Which is about two-thirds
Value. Tllrd Floor.)
Three large tables full of
odd pieces of China and
Porcelain Ware at cost
Cups, Saucers, Pitchers,
Bowls, Sugars, Creams,
Plates, Platters, Dishes, etc.
For Men and Boys.
Economical mothers, fa
thers and sons are taking
advantage of our great
March Sale of Clothing. It's
an opportunity to make a
considerable saving on your
Fop thfi rpmninripp n? fho
j week we offer the following"
j special values in our Base- I
ment grocery store, you
1 know how low-priced we
sen goou groceries:
IVlrtlrtn ToVtl-v TAnnlAn
vnuioc iauicrcauiics, 'j) fj
iwo cans ior -
$12.50 kind for $7.85.
$15.00 kind for $10.35.
$18. kind for $13.25.
Men's Pants, $2.49, $3.15.
See the New
The "Duplex" Skirt and
Waist Fastener a neat and
perfect fastener for holding
both the skirt and waist in
proper place all colors
Choice Table Pears,
Two cans for . . .
Choice Table Apricots,
Two cans for
Armour's Pork and
Beans, 2-lb. cans for
Per can . ...
Albert Roche Sardines,
j Barataria Shrimps,
Edam Cheese. ..
Corn, two cans for.
Armour's Boned Chick-
en, Mb. can for . j&j&C
Armour's Boned Tur
plication for a certificate under the extra
dition clause of the treaty with Great
Britain is denied, and the prisoner Is dis
charged from arrest."
Decisions will be announced by Judge
Sears this morning In the following cases:
Duntley, Administrator, vs. Inman,
Poulsen & Co., motion to strike out parts
of amended complaint.
Benson vs. Standard Box Factory, mo
tion for a new trial.
Vemme vs. Knight et al., motion for
North vs. Billings, motion to strike out
parts of amended writ.
Judge Frazer will decide the follow
ing cases this morning:
Clarke vs. Portland Meat Company, on
motion to quash writ of review.
Love & Adler vs. Sheriff, motion fora
John Seibert was appointed adminis
trator of the estate of his wife, Sarah F.
Seibert, deceased, valued at $830.
T. W. Vakefield, administrator of the
estate of John N. Perlot, deceased, was
authorized by the County Court yester
day to pay Peter Hibert I722S on a claim
Suit has been commenced before Judge
Cleland to determine the ownership of the
money taken from J. A. Long after the
burglary of the office of the Blue Moun
tain Ice Company. The money has been
ordered transferred to the clerk of de
partment 3 to await a settlement.
In the case of J. H. Montgomery vs.
D. M. Dunne, Collector of Internal Rev
enue, In the United States Court, a hear
ing on the demurrer to the amended com
plaint was continued by Judge Bellinger
yesterday until further order of the court.
The suit is to recover money paid for
The will of George Lang, deceased, was
filed In the County Court yesterday. The
estate comprises realty in Portland val
ued at $10CO, personal property $930, real
property in Gilliam County, $4000. and
cattle worth $230. Bequests are made to
friends of the testator as follows: Charles
McCormick. Oregon City. $300; John Phil
brick, $500: Dr. A. D. McKenzIe, $1000; and
William Kerr, pastor Central Methodist
Episcopal Church, $100. The will con
tains no statement concerning the dispo
sition to be made of the rest and residue
nf the pstnle. Robert E. Menefee and
Frank A. Nichols are named as executors.
ONE NIGHT ONLY FRIDAY, MARCH 8
MR. ALBERT MARKS PRESENTS
Mr. and Mrs. Georg
VOCAL AND INSTRUMENTAL
PRICES Entire Parquette, $2.00; entire
Parquette Circle, $1.50; Balcony, first 3 rows,
$1.50; second 3 rows, $1.00; last 6 rows, 75c;
Gallery, 50c; boxes and loges, $12.50.
Curtain at 8:20 Carriages at 10:15
SEATS XOW OX SALE.
Under the Imperial Hotel
For the remainder of this week as an intro
ductory of Spring
"Will offer for sale 50 dozen of the best 50c
Vaist3 that have been offered In this city.
Only 25c j
W. L DOUGLAS SHOES
I toft Y
' ft 11
YtT.-. -::-c :
ilk .J5 jy.jy
F. C. GODDARD
Send for self-measuring
WOODARD, CLARKE & CO.
Stockings, Crutches and Trusses
4lh and Washington Sts., Portland, Or.
rr the Cure Of Connrrhnca, GIrrtS,
Stricturra, nnt aiiiitiouM comphititta
of the Orpni of Generation.
Iricc SI a bottle. For sale by druggists.