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THE MORNING 01?EGONIAlsT. MONDAY, MAT 13, 1902.
8
sfcHKm
CUTTING OWNERS LIABLE
PORTLAND STREET ASSESSMENT
METHOD VALID.
.Recent Decision of the United States
Supreme Conrt In a 3Il-
sonri Cane.
On. April 29, "ihe Supreme Court of the
United States decided several ca&es involv
ing the validity of local assessments upon
abutting property to pay for street and
sewerlmprovements. The court affirmed
the decisions of the -several State Supreme
Courts which have -upheld these assess
ments, and approved the construction
whichthe state courts have put upon the
'case of Norwood vs. Baker (172 U. S. 2G9),
nd reversed the construction that the
Federal courts -have hitherto placed upon
that famous case.
The -extended opinion of 'the United
States Supreme Court wa6 -written in the
case of French vs. The Barber Asphalt
Paving Company, and the other cases
rwere decided upon the .reasoning in the
opinion written In the French case, and
only short, formal opinions were filed in
the remaining cases involving local assess
ments. As this decision Is of great im
portance in this state at this time. The
Oregonlan prints below an opinion ren
dered In the French case.
Statement of Facts.
-This was a suit Instituted in the Cir
cuit Court of Jackson County, Missouri,
by the Barber Asphalt Paving Company,
a corporation, whose business It was to
construct pavement composed of asphalt,
against Margaret French and others, own
ers of lots abutting on Forest avenue. In
Kansas City, 'for the purpose of enforcing
the lien of a tax bill issued by that city
in part payment of the cost of paving said
avenue. The work was done conformably
to the requirements of the Kansas City
charter, by the adoption of a resolution
by the Common Council of the city de
claring the work of paving the. street, and
with a pavement of a defined character to
be necessary, which resolution was first
Tecommended by the Board of Public
Works of the city. This resolution was
thereupon published for 10 days in the
newspaper doing the city printing.
"Thereafter, the owners of a majority
of front feet on that part of the street to
be Improved had the right, under the
charter, within 30 days after the first day
of the publication of the resolution, to file
a remonstrance with the City Clerk
against the proposed improvement, and
thereby to divest the Common Council of
the power to make the improvement; and
such property-ownera had the right, by
filing within the same period a petition so
to do, to have such street Improved with
a different kind of material, or in. a) differ
ent manner from that specified in such
resolution. In this instance, neither such
a remonstrance nor petition was filed, and
the Common Council, upon the recom
mendation of the Board of Public Works,
enacted an ordinance requiring the con
struction of the pavement.
"The charter Tequlres that a contract for
such work shall be let to the lowest and
best bidder. Thereupon b ds for the work
were duly advertised for, and the plain
tiff company, being the lowest and best
bidder therefor, a contract was, on July
31, IS94, entered into between Kansas City
and the plaintiff for the construction of
said pavement.
"The contract expressly provided that
the work should be paid for by the Is
suance of special tax bills, according to
the provisions of the Kansas City charter,
and that the city should not, In any event,
be liable for or on account of the work.
The cost of the pavement was apportioned
and charged against the lots fronting
thereon, according to the method pre
scribed by the charter, -which is that the
total cost of the work shall be apportioned
and charged against the lands abutting
thereon, according to the frontage of the
several lots or tracts of land abutting on
the improvement. The charge against each
lot or tract of land was evidenced by a
tax bill. The tax bill representing the as
sessment against each lot, was, by the
charter, made a lien upon the tract of
land against which it was issued, and was
prima facie evidence of the validity of the
charge represented by it Such Hen can
be enforced only by suit in a court of
competent jurisdiction against the owners
of the land charged. No personal judg
ment was authorized to be rendered
against the owner of the land. The right
was expressly conferred on the owner of
Teducing the amount of the recovery by
pleading and proving any mistake or er
ror in the amount of the bill, or that the
work was not done In a good and work
manlike manner.
"The defendant pleaded and contended
that the charter of Kansas City purports
to authorize the paving of streets and to
authorize special tax bills therefor, charg
ing the cost thereof to the abutting prop
erty, according to the frontage, without
reference to any benefits to the property
on which the charge was made and the
special tax bills levied, and that such
method of apportioning and charging the
cost of the pavement was contrary to and
in violation of the Fourteenth Amendment
to the Constitution of the United States."
Opinion of Conrt.
The opinion of the Supreme Court was
written by Justice Shiras, and com
menced: "In its opinion In this case the Supreme
Court of Missouri said that the method
adopted in the charter and ordinance of
Kansas City of charging the ccst of pav
ing Forest avenue against the adjoining
lots according to their frontage had been
repeatedly authorized by the Legislature
of Missouri, and such laws had received
the sanction of this court In many de
cisions. Accordingly, the Supreme Court
of Missouri held that the assessment in
question was valid, and the tax imposed
collectible. And, In so far as the constitu
tion and laws of Missouri are concerned,
this court Is. of course, bound by that de
cision. "But that court also held against the
contention of the lot-owners that the pro
visions of the Fourteenth Amendment to
the Constitution of the United States were
not applicable in the case; and our juris
diction enables us to Inquire whether the
Supreme Court of Missouri were In error
In so holding.
"The question thus raised has been so
often and so carefully discussed, both
in the decisions of this court and of the
state courts, that we do not deem It
necessary to again enter upon a considera
tion of the nature and extent of the
taxing power, nor to attempt to discover
and define the limitations upon that
power that may be found in constitu
tional principles. It will be sufficient for
our present purpose to collate our pre
vious decisions and to apply the con
clusions reached therein to the present
case."
The court then cites and approves the
following cases: Slaughter-house cases
(16 Watt U. S. 35. 77. SO), Davidson vs. New
Orleans (96 U. S. 97). Murray's "lessee vs.
Hoboken Land Company (IS How. 272).
Walker vs. Sauvinet (32 TJ. S. SO). McMil
lon vs. Anderson (35 U. S. 37-41), Springer
vs. United States (102 U. S. 5S6). Missouri
vs. Lewis (101 U. S. 22). Mattingly vs. Dis
trict of Columbia (97 U. S. 6S7). Kelly vs.
Pittsburg (104 U. S. 7S), Spencer vs. Mer
chant (125 U. S. 345). Poulsen vs. Portland
(149 U. S. 30). Fallbrook Irrigation Dis
trict vs. Bradley (164 U. S. 112), Bauman
, vs. J&oss (161 U. .,54SK From the above
cases the court announces the following
conclusions:
'Certainly It cannot be supposed that,
by the fourteenth amendment. It was in
tended to impose In the states, when ex
ercising .their powers of" taxation, any
'rnoref rigid- or stricter curb than that
imposed :on the" Federal"5overniaent, in a j
similar -exercise of power, by the fifth
amendment." f "
Dae Process of Lair Defined.
Due process of law Is defined:
"Due process of law is process accord
ing to the law of the land. This process
in the states Is Tegulated by the law of
the- state. ,Our power over that law is
only ,to -determine whether it Is in. conflict
with' the supreme law of the land that
Is to say, with the Constitution and laws
of the United States made in pursuance
therefor or with any treaty made un
der the authority of the United States.
Here the state court has decided that the
proceeding below was in accordance with
the law of the state; and we do not find
that to be contrary to the Constitution or
any law or treaty of the United States."
The following decision in Davidson vs.
New Orleans (96 U. S. 97) is expressly approved:
"Neither the corporate agency by which
the work was done, the excessive price
which the statute allowed therefor, nor
the relative importance of the work to
the value of the land assessed, nor the
fact that the assessment was made before
the work was done, nor that the as
sessment Is unequal as regards the bene
fits conferred, nor that personal Judg
ments were rendered for the amount as
sessed, were matters in which the state
authorities are controlled by the Federal
Constitution."
The court reiterates the following defi
nition of legislative power from the de
cision in Spencer vs. Merchant (125 U.
S. 345):
"In ; the absence of any more
specific Constitutional restriction than
the general prohibition against the
taking of property without due
process of law, the Legislature of the
state ha-vlng the power to fix the same
necessary to be levied for the expense
of a public improvement, and to order it
to be assessed, either, like other taxes,
upon property generally, or only upon the
lands benefited by the improvement, is
authorized to determine both the amount
of the whole tax and the class of lands
which will receive the benefits, and should
therefore bear the burden, although it
may, if it sees fit, commit the ascertain
ment of either or both of .these facts to
the judgment of commissioners. When
the determination of the lands to be bene
fited is entrusted to commissioners, the
owners may be entitled to notice and
hearing upon the question whether their
lands are benefited, and how much. But
the Legislature has the power to deter
mine, by the statute imposing the tax,
what lands, which might be benefited by
the improvement, are in fact benefited;
and if It does so, Its determination is
conclusive upon the owners and the
courts, and the owners have no right
to be heard upon the question whether
their lands are benefited or not, but only
upon the validity of the assessment, and
its apportionment among the different
parcels of the class which the Legislature
has conclusively determined to be" bene
fited. In determining what lands are ben
efited by the improvement, the Legisla
ture .may avail itself of such informa
tion as it deems sufficient, either through
Investigation by its committees, or by
adopting as its own the estimates or
conclusions of others, whether those es
timates or conclusions previously had or
had not any legal sanction."
Norwood Case Construed.
The opinion concludes:
"We do not deem it necessary to extend
this opinion by referring to the many
cases In the state courts, in which the
principles of the foregoing cases have
been approved and applied. This array
of authority was confronted in the courts
below with the decision of this court In
the case of Norwood vs. Baker (172 U. S.,
269), which was claimed to overrule our
previous cases, and to establish the prin
ciple that the cost of a local Improve
ment cannot be assessed against abutting
property, according to frontage, unless the
law. under which the improvement is
made, provides for a preliminary hearing
as to the benefits to be derived by the
property to be assessed. But we agree
with the Supreme Court of Missouri In its
view that such Is not the necessary legal
Import of the decision in Norwood vs.
Baker. That was a case where, by a vil
lage ordinance, apparently aimed at a
single person, a portion of, whose prop
erty was condemned for a s'treet, the en
tire cost of opening the street, including
not only the full amount paid for the
strip condemned, but the costs and ex
penses of the condemnation proceedings
was thrown upon the abutting property
of the person whose land was condemned.
This appeared, both to the court below
and to a majority of the Judges of this
court, to be an abuse of the law, an act
of confiscation, and not a valid exercise
of the taxing power. This court, how
ever, did not affirm the decree of the trial
court awarding a perpetual injunction
against the making and collection of any
special assessments upon Mrs. Baker's
property, but said: 'It should be observed
that the decree did not relieve the abut
ting property from liability for such
amount as could be properly assessed
against it. Its legal effect, as we now
adjudge, was only to prevent the enforce
ment of the particular assessment in
question. It left the village, in its dis
cretion, to take such steps as were within
its power to take, either under existing
statutes or under any authority that
might thereafter be conferred upon it,
to make a new assessment upon the plain
tiffs abutting property for so much of the
work done consisted of paving- with as
phaltum the "roadway of Forest avenue In
Kansas City, 36 feet in -widthr from In
dependence avenue to Twelfth street, a
distance of one-half mile. Forest avenue.
Is one of the oldest and best-improved
streets in the city, and all of the lots
abutting thereon front the street and ex
tend back, therefrom, uniformly to the
depth of an ordinary city lot to an alley.
The lots are all improved and used for
residence purposes, and all of the lots
are substantially on the grade of the
street as improved, and are similarly sit
uated with respect to the asphalt pave
ment. The struoture pf the pavement
along its entire extent is uniform In
distance and quality. There is no show
ing that there is any difference In the
value of "any of the lots abutting on the
improvement,
."What was complained of was an order
ly procedure under a scheme of local im
provements prescribed by the Legislature
PORTLAND'S NEW HOMES
BUILDING ACTIVITY IX ALL PARTS
OF TOWX.
Dwellings of Julius Dnrklicimer and
J. A. Martin on Tiventr
foartn Street.
One of the handsomest of the new
dwellings that have been built in the
northern part of the city is that of Ju
lius Durkheimer, at the northwest cor
ner of Twenty-fourth and Lovejoy streets.
This was completed recently. It is co
lonial in style, and painted gray and
DWELLING OF JULIUS DURKHEIMER, TWENTY-FOURTH AND LOVEJOY.
and approved by the courts of the state
as consistent with Constitutional principles."
LOCAL RUSSIAN POSTS.
An Extremely Cnrlons Adjnnct to tke
Generid System and Its Stamps.
In Russia everything large is loud, and
the stamp collector who possesses some
of the curious Russian local post labels
will be inclined to think1 so, too, says
the Picture Postcard. We are told also
that "colors shriek and flame," and our
stamp albums on the pages allotted to
Russian stamps bear out that statement.
Russia's postal system Is worked on
different lines from ours, owing to the
vastness of the land to be covered. It
is easy to understand that in a country
of Russia's dimensions it would not pay to
run the postoffice mall routes Into every
little nook and coiner. The manner in
which this difficulty Is surmounted is both
interesting and novel. The Imperial Post
determines a fixed route for its mails.
All districts which are not on that route
are organized and worked by the local
municipal governments, which issue
stamps for the purpose. These posts were
authorized by an edict (dated September
3, 1870) to carry local letters from one
point in the district to another, and also
to take letters to and from the nearest
office of the government postal service.
I On account of the great number of these
posts there Is a big and varied task
before the collector who amasses an al
bum of these stamps. With their charac
teristic fondness for vivid colors, the de
signers of these rural stamps have made
them of many hues, and If they are not
particularly artistic they are decidedly
highly colored. Some of the results are,
in consequence, often absurd in the eyes
of a Briton, but it must be admitted that
some of them are admirable specimens of
the engraver's art.
The stamp of Tiraspol, would, says the
writer, vie with a matchbox label In point
of size. Two penny English stamps could
be laid side by side on the top of this
philatelic giant and still not cover it com
pletely. Tiraspol is a district in the
Province of Cherson. The stamp is a
marvel of the designer's art, and Is print
ed In no fewer than five colors, .namely,
gold, red, black, green and yellow. In
It the Russian eagle is surmounted with a
cross printed in gold, the arms of the Mu
nicipality of Tiraspol are shown below the
Russian standard, and the inscriptions In
dicate that it Is a "Tiraspol Rural stamp."
. . . Anyone learning the Russian lan
guage would do well to collect these ru
ral stamps. In a few weeks he would be
come so interested in Russia and Its pos
tal system that the language, with its
grammar, would be the only outlet for his
enthusiasm. Another educational advan
tage to be gained from Russian rural
stamps is the knowledge of geography of
the interior of the country, and the stamps
K5EgSS5W
DWELLING OF J. A. MARTIN, TWEN IT-FOURTH AND LOVEJOY.
expense of the opening of the street as
was found upon due and proper inquiry
to be equal to the special benefit accru
ing to the property. By the decree ren
dered the court avoided the performance
of functions' appertaining to an assessing
tribunal or body, and left the subject un
der the control of the local authorities
designated by the state.'
"That this decision did not go to the
extent claimed by the plaintiff In error in
this case is evident, because In the opin
ion of the majority it is expressly said
that the decision was not Inconsistent
with our decisions in Parsons vs. District
of Columbia (170 U. S. 45), and In Spencer
vs. Merchant (125 U. S. 345).
"It may be conceded that courts of
equity are always open to afford a rem
edy where there is an attempt, under the
guise of legal proceedings, to deprive a
person of his life, liberty or property,
without due process of law. And such, in
the opinion of the majority of the Judges
of this court, was the nature and effect
of the proceedings in the case of Nor
wood vs. Baker.
"But there is no such a state of facts
in the present case. Those facts' are thus
stated by the court of Missouri: The
pave the way for a very good knowledge
of Russia's numerous provinces, munici
palities and small towns. A curiously
mystic looking stamp comes from Tikhvin,
In the Province of Novgorod. The design
shows a sun, printed in gold, and a band
of silver on a shield of red and blue. The
outer frame is in black. This handsome
stamp is printed In five colors. Another
illustration is of a stamp from Oustsy
solsk, In the province of Vologda. It
shrows a typical local landscape, in the
foreground of which stand's a shaggy
bear, whose gaze is fixed upon some un
seen prey. The stamp Is a pretty one, be
ing printed in three colors, red, blue and
brown, the last-named color being re
served for bruin, the typical animal of
Russia.
WHAT SHALL
WE HAVE FOR DES
SERT?
This question arises In the family every day.
Let us answer It today. Try Jell-O. a de
licious and healthful dessirt. Prepared In two
minutes. No boiling! no aaklng! simply add
tailing water and set to cool. Flavors:
Lemon. Orange. Raspberry and Strawberry.
Get package at your grocer's today. Wo
white, with green stained roof. For the
interior finish Oregon native fir has been
used, and a beautiful effect is pro
duced by the clear-grained wood in its
natural texture. Oak 'in light finish has
been used for the mantels and floors, and
where heavier woods were desired. The
vestibule is in. light oak, and from it the
entrance Is to the large drawing-room,
which produces a handsome,, effect in its
spacious, roomy appearance. The room Is
well' proportioned, and its effect height
ened by the stairway rising from one
side by easy landings. The walls are
tinted in water colors of old rose hue, the
whole harmonizing admirably with the
furnishings and finish of the native fir.
The mantel-piecev over the fireplace is
after the colonial fashion and of oak.
Cosy couches and bookshelves are built
Into the wall. One of the marked char
acteristics of the house is the great num
ber of articles of furniture that are
made a part of the walls.
Off the main hall, to the right, is the
reception-room, finished in the native
woods, with the walls tinted to a deli
cate shade of green. Off the reception-
room is the smoking den, the walls of
which are tinted a rich red. In the
dining-room, which opens from the main
drawing-room, the tints are a dark, rich
shade of green, which brings out the
grain of the natural finish of the fir, and
also harmonizes with the oak of the side
board, which Is built Into the wall. One
of the main features of this room is the
flower window, built of oak, into the gen
tle angles of the bay window. This is
lined with tile and is self-draining, and
on it rests - a- number of growing potted
plants that add much to the appearance
of the room.
The kitchen is neatly arranged, and
provided with various conveniences. The
walls are lined with tile, and along the
whole of one side runs the sink, with
drawers and compartments built Into the
wall, making an exceedingly neat and
compact -arrangement. The pass pantry,
and other pantries, are amply provided
with shelves. A cosy breakfast-room is
built between the dining-room and kitch
en. The stairway leads to the upper
apartments by several landings, from
which pleasant glimpses through the vis
tas of the house may be obtained. All the
rooms open off the cosy hallway up
stairs, and these are provided with every
convenience in the way of closets, clothes
press and the like. The bathroom has
a tile floor and lining, with mirrors and
medicine chests built into the wall. This
Is heated by the same hot water system-as
the rest of the house, but Is always made
io degrees notter by an automatic ar
rangement. The family sitting-room, up
stairs, is also a feature of this model
house, which was the work of Rolph. Mil
ler, the architect, who recently died. A
spacious veranda runs around the front
and side of the house.
J. A. Martin.
The new dwelling of J. A. Martin, at the
southwest corner of Twenty-fourth and
Lovejoy, Is built in the colonial style,
with a large veranda across the front,
and painted in colonial yellow and white.
The entrance vestibule Is finished in white
quartered oak and leads into a spacious
main hall, finished in dark mahogany,
and the walls tinted a rich red. The
main feature of the hall Is the stairway
that rises from one side and divides the
room Into cosy nooks, one being thus
formed around the fireplace, with book
shelves and couch built Into the wall.
The staircase rises with two roomy land
ings, and windows looking out over a
charming view. The reception-room oft
the main hall is finished in native burl
maple that possesses a beautiful satin fin
ish and harmonizts with the delicate
light green tint of the walls. The dining-room
is finished in white quartered
oak, with pale blue walls, and has a
colonial fireplace of pressed brick with
antique andirons and brass fittings. A
wide window seat is a feature of the
room. The kitchen is a model of con
venience and neatness, being equipped,
with wood hoist, tiled walls and roomy
pantries with ample shelf space. The
basement Is carefully arranged as to con
venience, with a large furnace, laundry
and storerooms.
The stairway leads from the main hall
with two landings, with window seats,
frony which fine views may be obtained,
and at the head is a cosy hallway lead
ing to all the other rooms. The bath
room Is finished In while tile. Plenty of
closet room, a cosy sewing-room, and
conveniences in the way of a clothes
chute to the laundry and a chute to the
basement for sweepings are features of
the second floor of a house that alto
gether combines comfort and artistic ap
pearance. The house was planned large
ly by Mr. and Mrs. Martin. Mr. Martin,
who has a practical knowledge of build
ing work, personally superintended the
erection of the house and Introduced
many of the conveniences of arrangement
and compactness of structure.
In Albina all vacant ground is being cov
ered with neat cottages. At various points
on Williams avenue, between Cherry and
Russell streets, half a dozen buildings
are under construction. Out to Wood
lawn new cottages are springing up. At
Sellwood, for the first time in a number
of years, several dwellings have been
started.
The, laying of a double track on Wil
liams avenue, north to Killingsworth ave
nue, thence to Ockley Green, for the City
& Suburban Railway Company, Is highly
important for North East Portland, The
plan is to lay a double tract to Ockley
Green and there mane connection wttn
the Mississippi-avenue line, which will
be extended from Its present terminus at
Beech street. It is stated that the line
to St. Johns will be electrified from Ock
ley Green. The service by the steam mo
tor is very poor for that large district.
On the Portland City & Oregon Rail
way repairs are being made all along the
line preparatory to improved service At
the Milwaukie shops two electric trolley
cars are nearing, completion, and at San
Francisco four others were contracted for
several months' ago and will soon be
ready for shipment to Portland. These
cars are much larger and heavier than
those now in service and will use electric
motors twice as powerful. A big freight
car has been built at the Milwaukie shops
which will be pro.vided with 300-horse-power
motors. When this rolling -stock
Is completed and the track repaired to
carry it, the time between Portland and
Oregon City will be reduced tp 30 min
utes, and perhaps local cars will be run
between Portland and Selwood.
Captain A. W. Graham is building a two
story dwelling on East Twentieth and
East Taylor streets, which will cost about
$5000. It faces East Taylor street, with a
wide veranda extending across the front.
The veranda Is supported by four large
wooden piers. Entrance Is from the ve
randa directly into the large hallway.
The vestibule, now found In most modern
houses, Is absent. While the rooms are
not yet finished it can be seen that Cap
tain Graham will have an attractive and
convenient home. There are eight 'large
rooms.
BKomtMmmmimmimaaiamtmmamBiammBBammmimamBmmmmmmtBtmxnmmaivmmBimcsxm
conmOMT mi it thi Motrin a oamiu co. cincixaATt
WOMAN SCATTERS BANKNOTES
Arrested While Distributing; n Bier
Roll Among Crovrd.
New York Times.
The telephone bell in the West Thir
tieth Street Station rang vigorously at 5
o'clock yesterday afternoon. Sergeant
Tcdd, who was on duty, picked up the re
ceiver and shouted "Hello." . He listened
for a moment and then "was seen to stag
ger and rush to the desk. Policeman
Ryan was the first bluecoat he saw.
"Ryan, go to Sixth avenue and Seven
teeenth at once. There's a woman there
that is giving one-hundred-dollar bills
away."
Ryan started down Thirtieth street at
a clip, even faster than it is alleged two
policemen went over the same course the
night before in the direction, of the Hay
market. At the point designated by the Sergeant
he found a mob of howling men and boys
surrounding a well-dressed woman who
9p-gf
A LITTLE BIG WASTE.
ISTINGUISH between economy and wisdom.
Sitting at home to save shoe-leather is econo
my, hut it is scarcely wisdom. In the same
way, doing without Ivory Soap is economy
but it isn't wise; your risks are greater than all
possible saving. Every cheap soap contains free
alkali. Now, free alkali will eat its way through
the new oil cloth on the kitchen floor. Imagine,
then, what it will do in a single Monday's wash
ing I Is such economy wise?
No Shirt, chief of the Walla Wallas, re
ceived 'the other.
To recall the appearance of Young
Chief, a parade waa given and Philip
Jones and Towa-tol, dressed In the two
war suits of Young Chief, rode in the
procession. The fancy parade dress of
the widow of deceased was worn by Pln-pin-a-ches.
The feast was spread at 11
o'clock A. M., in a tent probably 300 feet
long and 50 feet wide. Reclining around
and partaking of the food were between
650 and 700 at one time. Six beeves had
been roasted for the occasion, and many
other good things, so that all had enough.
After the feast, and, In fact, Interspersed
therewith, for the feast was continual
all day and evening, with brief interrup
tions, 30 minutes were spent in mourning,
all the Indians present crying with great
show of grief. All the personal property
was struggling in their midst like the pos- i f th deceased, with the exception of a
sessor of the pigskin In a football game,
Her clothing was disarranged and she
was hilarious over the amusement she
was creating. In one hand she clasped
loosely a huge roll of greenbacks. With
the other she separated the bills from the
roll, and without regard for denomina
tion scattered them among the crowd.
The newsboys discarded their bundles
of papers and the cabmen abandoned
their cabs to take part In the scramble.
The word was passed along Sixth avenue
and the crowd became greater every min
ute. "Boy, get me a cab," ordered the
woman, and she handed a one-hundred-dollar
bill to a newsboy who ran away
and didn't return.
"Here's a carriage, lady," exclaimed a
cabby.
She separated $200 from the roll and
gave it to him. The cabman accepted
the money and attempted to lead her to
his cab. "
"Where shall I drive you?" he inquired
of his generous fare.
"Drive me anywhere. No. I don't like
you. Here, boy, get me another cab,"
and again the roll of greenbacks was
diminished by several ply. The newsboys
ran on: ana returned with tneir young
few horses, was given away to friends
and acquaintances as souvenirs. The
widow remarked that she did not know
exactly to whom to give the other horses,
but would decide upon the names later
and would then dispose of them.
Blankets, clothing, trappings, etc., to the
amount of at least two big wagon loads
were given away. Indian Agent Charles
Wilkins was present from the agency, and
Mr. and Mrs. Henry Glerlich and Master
Edward Glerlich, from Pendleton. These
were the only whites present to witness
the affair. The selection of a chief to suc
ceed Young Chief as chief of the Cayuses
was postponed until next week.
crowded churches on Sundays and feast
days, the Peruvians are a devout nation.
This sentiment, especially among the
women, shows itself in the often semi
rellglous character of their dress the
close resemblance which the blue, brown
or purple garments bear to the religious
orders with which they are for a time
I associated, either as a fulfillment of some
vow or as an act or recognition ror some
favor accorded by heaven. The last days
of Holy Week are observed with great
solemnity. From Holy Thursday until
Holy Saturday the bells are silent, not
only in the churches but in the city as
well. All traffic stops, street-cars and
tramways cease to run, even. the whistles
and bells of the steam cars are silent,
all persons appearing upon the street art
dressed in black, and Lima is a city of
mourning and prayer.
Many of the churches are beautiful, al
though their mode of decorating is dis
tinctively foreign. Their statues of the
Blessed Virgin and the saints are dressed
in black or purple garments of silk or
velvet, and look, like Spanish dowagers
of centuries ago. The crucifix 13 often
crowned with real thorns.
The Japanese Theater.
Academy.
As a rule, the only things that fasci
nate the tourist In a Japanese play are
the qualntness of the stage arrangements
and the weird unlntelligibllity of the
acting. The stage is enormous, and the
actors reach it by walking through the
audience on two platforms extending
from the back of the auditorium to the
footlights. Properties are removed dur
ing the performance by attendants in
black cloaks, who are suDDosed to be
mvisime. as
rure, two lontr Dlavs'are
brothers, sisters, and friends. The woman j presented consecutively, with a tableau
was continuing io enncn me urcnins ana
the cabmen when she was taken in charge
by Policeman Ryan. The policeman be
gan at once an investigation, and the
women shoppers and the clerks from the
neighboring stores who had witnessed
the woman's exhibition of philanthropy,
tried to point to him several boys and
cabmen who had accepted the woman's
money, but they were not positive, and
no arrests were made.
Miss Alice Marcy, a woman clerk in a
cloak stpre near Seventeenth street, told
the policeman that the woman had been
in the establishment where she was em
ployed and that she was trying to take
her to 113 East Seventy-third street,
where she had told her she resided. The
money the distributor of bank notes
still clung to was taken from her and
counted by the Sergeant. It amounted
to $858. The woman told the Sergeant
she had $2000 -with her when she left
home to buy a pair of shoes. She gave
her name as Jennie Smith, 40 years old,
and her address at 120 West One Hun
dred and Forty-eighth street Then she
between, and the performances begin at
io in the morning. You leave your shoes
at one of the many tea-houses around
the theater, and enter your box to find It
supplied with a tobacco box, tea, and
cakes, with luncheon to come. The
voices on the stage at once strike you
as hard and artificial, and either too
shrill or too gruff. But the reason is
plain. "The traditional samisen. a three
stringed guitar follows the performer
like a curse from start to finish. Unless
he pitched his voice above or below Its
notes he could not be heard." There is
no doubt of the effect on the audience.
Especially do the wonderful facial ex
pressions of the" actors work upon the
women. A rush to the ''tear-room" dur
ing a pathetic passage Is quite common.
There the susceptible playgoer may weep
her heart out in comfort.
As men and women are not allowed to
appear on the same stage, the female
parts are taken by men; on the other
hand, at some theaters, where the per
formers are all women, you may see male
parts sustained by actresses. This is
Dr. Cawood, dentist, 42 Hamilton- bldg.-
n 5
rears
What is wanted df soap
for the skin is to wash it
clean and not hurt' it.
Pure soap does that. This
is why we want pure soap;
and when we say pure,
we mean without alkali.
Pears' is pure; no free
alkali. There are a thou
sand virtues of soap; this
one is enough. You pan
trust a soap that has no
biting alkali in it.
All sorts of stores sell it, especially
druggists; all sorts of people use it.
tsectnc ADD!
lances.
CAPTAIN A. W. GRAHAM'S DWELLING EAST TWENTIETH AND TAYLOR.
Discretion is the price of
health.
Dr. Sanden's Electric Her
culex repairs damages arising
from early indiscretions.
Weak and Nervous Men: Read
"Strength, Its Use and Misuse
by Men."
Easy payments.
ESTABLISHED THITY YEARS.
TEN YEARS IN PORTLAND.
EAST SIDE IMPROVEMENTS.
Large Number of Contracts Awarded
for Dwellings.
Contracts for dwellings are being let
all over the East Side. George W. Sta
pleton has begun the erection of a $2000
dwelling on East Sixteenth and East
Couch streets. Mrs. Josephine Shaw Is
building two cottages on East Twelfth
and East Ankeny which will cost $3300.
The, dwelling of H. H. Newhall, on East
Ninth and East. Couch streets, is near
ing completion. It will cost $2500. A $1600
dwelling has been started for D. Powell,
on East Seventh and East Burnside
streets. All through Central East Port
land dwellings costing from $1100 upward
are under construction. The vacant
ground in this district 'is being built up.
contradicted herself, and said she resided only one among the many conventions
at 120 West Twenty-eighth street. The and restrictions which hamper the drama
woman was not known at either address, in Japan. Another is the extraordinary
Later in the evening the woman, who ascendency of the actor over tne author.
had been detained on a charge of intoxi
cation, was bailed out byi George Me
Qulllan, a saloonkeeper of 216 Seventh
avenue. He called a cab, In which she
was driven away. McQuillan said that
the woman's real name was Jennie
Smyth, but refused to tell anything more
about her.
''I don't know how she ever got $2000,"
he said.
Indians Had a Feast.
Pendleton East Oregonian.
More than 1000 Indians attended the
feast at Thorn Hollow Wednesday, May
8, in honor of tne memory of Young Chief,
deceased, hereditary chief of the Cayuses.
These Indians came principally from the
surrounding reservation, but representa
tives of the Palouse tribe were present
from Snake River, Idaho, and others from
Flathead agency, Montana; the Colville
and Yakima reservations, of Washington;
the Fort Hall and Lapwai agencies,
Idaho. Chief Joseph, of the Nez Perces,
from the Colville agency, a half-brother
of the deceased, was present, and In the
distribution of presents received one of
the war suits of the late lamented, while
A successful actor is the darling of the
people, purses are thrown at his feet
as he walks toward the stage, and love
letters are sent to his dressing-room,
for "the Japanese matinee girl Is very
susceptible." He may make 5000 In
four weeks. The author is only one
member of a kind of committee which
devises the play, and his remuneration
Is trumpery.
Catholicity in Pern.
Catholic World. i
To place the sea under the special pro
tection of heaven is the pious custom
along' the coast of Peru. In Ashing ham
lets, ' under the altars of the churches
are niches in which are miniature boats
bearing flags of all countries with which
the natives have dealings. And heaven's
special blessing Is Invoked for the pro
tection of the harbor and the safe guid
ance of the ships.
It is apparent that Catholicity has so
molded the habits and practices cf the
people that the spirit of religion enters in
to their dally avocations. So It is that the
feast days of the saints become the fes
tivals of the courIry. Judging from the J germ.
Write for my "Warning" about certain
electric belt concerns,, who- offer some
thing for nothing. Beware of them."
Dr. A. T. Sanden
Cor. Fourth and Morrison
Portland . . . Oregon
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Any one can have nice hair if he or she
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cure dandruff It is necessary to kill the
germ that causes it, and that ia just what
Newbro's Herpiclde does. Cornelius Grew,
Colfax, Wash., says:
"One bottle of Herpiclde completely
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syra3 silk; delightful odor and refreshing
hair dressing. It will positively mike hair
grow abundantly, and kills th dandruff.
x . - - .- - , .