THE MORNING OREG.ONIAN, SATURDAY, JUNE 29, ,1901. TEST OF TAX SALE LAW MEMBERS OF THE RIVER 'AND HARBOR COMMITTEE OF CONGRESS . WHO ARE PORTLAND'S GUESTS TODAY MUST COUNTY CONTRACT? COUNT!" ENJOINED FROM SELLING PROPERTY IT HAS BOUGHT. DRISCOLL SUPPLY LAW ARGUED IN CIRCUIT COURT. s&l t -- - Title Guarantee Jb Trnat Companr Allegros That the Land Descrip tions Were Faulty Counsel for Commissioners Maintain That the Nevr Act Simply Pro- Ides Farm of Procedure s - "2.T J&SZS- A suit which may revive the. old mort gage tax law Question, was filed In the State Circuit Court yesterday by the Title Guarantee & Trust Company against Multnomah County and Sherif Frazler. A preliminary order was Issued by Judge Frazer on motion of E. B. Seabrook and "William Munly, counsel for the plaintiff, enjoining the Sheriff from selling the prop erty mentioned In the complaint under the act of 1901, providing for the sale of property heretofore bid in for taxes by the county, and to which the county has acquired title. The restraining order may hereafter be applied to property similarly affected, and it Is reported that other suits will probably be filed to test the con stitutionality of the law on other points. The property involved in the case filed yesterday was owned by C. F. Gllham, who delivered nine mortgages to T. S. McDonald in 1S91 and 1892. The Title Guarantee & Trust' Company now claims to be the owner of a portion of the proper ty. This was assessed as T. S. McDanlel, section 31 T. 1 X., R. 2 E., C. F. Gllham mortgsire lien on real estate. When this property was sold by the Sheriff for de linquent taxes in May, 1899, it was sold under a corrected description, giving the boundary lines, and the other parcels mortgaged were also sold and bid In by the county under corrected descriptions. The Title Guarantee & Trust Company contends that C F. Gllham was the owner at the time of the assessment ot several tracts of land In section 31 othci fhan the one now owned by the company, and that the land as originally assessed was never bought by Multnomah County, and could not legally be bought in undei a corrected description. These descrip tions were corrected at the time of the Noble contract, which the courts subse quently declared Invalid. Another point made In the complaint, which will perhaps be the principal one relied upon. Is that In none of the as sessments were set forth in the book and page of the mortgage records where, the same were recorded, nor any furl'her or more definite description of the mortgaged premises specifically set out than as here stated. This criticism will apply to all mortgage tax assessments and if it is a fatal defect in one case would be so in all. The court is asked to enjoin the sale and remove the cloud, from plaintifTs title. District Attorney Chamberlain says he will ,ask the court to hear the case as soon as practicable. The sale mentioned is supposed to begin Monday, July 8. WILL SURRENDER POLICIES. Jndffe Bellinger Rules That the Bo lander Bond Is Valid. Another phase of the controversy be tween Ii. P. Bolander and Andrew Sallng concerning life Insurance policies amount ing to $4210 came on for hearing In the United. States Circuit Court- yesterday. After the decision or Judge Bellinger a few, days ago against Sallng, on his plea of abatement. Bolander's attorneys, Bauer & Greene. Issued an alias writ of re plevin to the United States Marshal with directions to take possession of the poli cies. Sallng and his attorney, Milton W. Smith, again refused to deliver the policies, and the latter filed a motion to quash the writ on the grounds that no undertaking had been elven to the Mar- " f sbal. as required by law. It appears that two years ago Bolander furnished the Marshal with a bond for ?S420. signed by the Fidelity and Deposit Company, of Baltimore. The defendant held that this bond was no longer valid and that a new bond should be furnished wjth the new writ. Judge Bellinger de cided, however, that the old bond Is a continuing obligation; that the delivery of the policies by Sallng to the Marshal on the alias writ would constitute a con sideration for the bond, and that the old bond Is therefore good and affords the 'defendant, adequate protection. His mo tion was overruled. The Marshal had been oroered to produce the documents in court for inspection, and after the court had decided that they were "good and sufflcfent," the Marshal took them away with him for another demand upon Sallng to produce documents in his possession. .Sallng's attorney afterwards notified Mar .shal Houser that they would give up the policies. Decisions This Morning?. Decisions will be announced In the State Circuit Court this morning at 9:30 'o'clock as follows: Judge Frazer Leve & Adler vs. William Frazler; Margaret Ross vs. T. W. White et al.; R. L.. Sabln vs. Ames & Harris et al.; Emlle Watson vs. A. O. U. W.; O. R. & N. Co. vs. Joseph" Houston et al.; O. R. & N. Co. vs. Susie Gilbert et cL Judge Cleland C. J. Cook vs. City of Portland; Mary O'Brien vs. John O'Brien: Balfour, Guthrie & Co. vs. North Pacific Lumber Co.; Louisa Bartlett vs. W. L. Bartlett et al.; B. Baruth vs. J. J. Feb vet; A. H. Black & Co. vs. F. W. Arlss Co.; Cleveland Rockwell vs. Portland Savings Bank; Nannie Starr va. W. L. Starr et al. Judge Sears Whale vs. Button; Bell vs. Lind; Grimes vs. McQueen; Stager vs. Troy, Laundry Co.; Evans vs. Evans; Mays vs. Title Guarantee & Trust Co.; Thomp son vs. Whalley. Judge George Garretson vs. Nickum; Watts vs. Watts; Gaston vs. City of Port land et al. Conrt Notes. ' A judgment by default was rendered by Judge Frazer yesterday In favor of Su sanne Jacobs In her suit against her husband, Morton B. Jacobs, for $9500. Robert G. Morrow was appointed ad ministrator yesterday of the estate of Fred Rehorst, deceased, consisting of real property valued at $700 and personal prop erty of unknown value. The heirs are brothers and sisters as follows: John and August Rehorst, Mllwaukle; Mrs. Lizzie Goertzham, Redwood City, Cal.; Mrs. Anna Peck, San Francisco. , MARKED CHINOOKS CAUGHT ShoiTlnp; That the Salmon Weighs 40 to 50 Pounds at Four Years. The young salmon which Fish Commis sioner McGuIre marked before turning out four years ago, by cutting off the adipose fin, continue to be heard from, and bid fair to throw more light on the time required by chlnook salmon to attain their growth than anything else has done so far. Last year quite a number of these marked fish were caught In the Columbia, having an average weight of 24 pounds. A few days ago Seufert Bros., of The Dalles, reported catching one of these marked fish weighing 50 pounds, and a day or two ago one was turned In at Pil lar Rock cannery which weighed 40 pounds. From this It is seen that In three years the chlnook salmon grows to a weight of about 24 pounds, and In four years attains a weight of from 40 to 50 pounds. Perhaps some of the marked fish may be caught next year, by which time they will probably haVe attained their growth, but the big ones of 70 pounds and upwards are doubtless more than five years old. A report was sent out from Astoria to the effect that a number of the marked chlnook salmon had been found among the fish brought there from the Sacramento River, but Columbia River fishermen generally did not believe this They looked upon it as a fake story, Walter Reeves. calva Stanwood Alexander. Stephen M. Sparkman. Erhest F. Achcson. intended to show that the chlnook salmon hatched on the Columbia found their way to the Sacramento, and that therefore the salmon of the Sacramento were the same as the chlnook of the Columbia, which is not generally supposed to be the case. NOT ENTITLED TO LAND. Chinese Immlprrnnts Were Neither Students Nor Merchants. The four Chinese who arrived on the steamship Knight Companion returned to China on her, having been unable to convince the authorities that they were entitled to land. One of them alleged that he was a native-born, and when refused permission to land got himself before the United States Court op writ of habeas corpus. He failed to establish his citizenship, although he had two hear ings. Another alleged that he had been an Astoria merchant, but as Astoria has not yet been made a common point he could not establish his right to land. The other two were alleged to be students anxious to receive instruction- in the pri mary department of a school or kindergarten. They could not be admit ted for this purpose, for the latest ruling on this subject Is that only Chinese who have gone through the lower grades at home, and who desire to study the higher brancHes, as calculus, .Christian Science, astronomy and politics, can be admitted into this country as. students. It was with sad hearts that the four poor benighted heathen started on their return trip across the Pacific, and as they watched the shores of this land of liberty and equal rights recede from view, the tears ran down like the Summer rain. They must cheer up, and try to get all the enlightenment they can from the mlsr sionarles sent over there, and the soldiers sent to protect or revenge the mission aries will put the finishing touches on their education. ASTORIA, ILWACO AND NORTH BEACH. The O. R. & N. Co.'s steamer, T. J. Potter, will leave Ash-Street dock, today at 1:15 P. M., arriving at Astoria at 6:45 P. M.t Ilwaco 8 P. M., enabling passengers to reach beach points not later than 9 P. M. Tickets and berth reservations at Third and 'Washington, or Ash-Street dock. v ' - lM KoiStilK&iHHRSSHHBH .BMi-". .A -.'Zm 1 i i i n i i i r mi im i aT .1 I. I B " i mmmmmmmtmmmmmammmmLmmmmmmmmmmmmmmmmtimmmmmmmmimmhmmmmmmmmKmmmmmmammmmimtmmBmm Page Morris. James H. Davidson. Thomas H. Tongue. A PINE AMATEUR SHOW "TITANIA" DELIGHTS BIG CROWD AT THE MARQUAM. Pretty' Children, Singing and Dane- f inf?, Good Specialties and Clever . Costuming. The people who crowded the, Marquam Theater last night to see the performance of "Tltania" expected something worth seeing, for Mrs. H. A. Foreman, under whose management the entertainment was given, never does things by halves, but they were completely surprised by, the treat which was spread before them from the rise of the first curtain on the pretty woodland scene, through which flitted a host of dainty little fairies, to the con cluding chorus, in which blended more than a score of sweet voices. In every particular was the event a complete suc cess. The clever children, whose songs and dances formed such an. important part of the programme, had been trained till they behaved like professionals; the principals were fully equal to the parts assigned to them, the specialties were unexpectedly good, and the costuming, the mounting and the music were all that taste . and patience could make them. Such 'an entertainment by amateur talent has not been seen in Portland for many a long day, and the applause which greet ed every one of the many surprises which passed In succession across the stage was richly deserved. The rise of the curtain disclosed a wood land scene, which a second later was filled with a beVy of tiny fairies, clad In filmy raiment, and dancing as if their lives depended upon it. Then one by one the principals were Introduced Miss Ida Jennings as the Butterfly Queen; Wesley Hugh, concealed under a veneering of powder, as Moth, the miller; Miss Grace Kanaber, as Prince Oberon, and Mrs. Clarissa Nichols as Puck. Miss Kathleen Lawler, who was Queen Tltania, sang "Alas" In a fashion that evoked a storm of applause. Miss Lawler was never in better voice, and her delightful Interpre tation of the song was a revelation to those "who had not heard her for some time, and a delight1 to the many friends who have been predicting great things of her. She was heard again before the Thomas H. BalL L. E. Burton. P. D. McCulIoch. close of the entertainment in "Tltania," from "Mlgnon," and mastered the diffi culties of the song as only a well-trained singer could master them. Miss Lawler has made many appearances In public, but It Is doubtful If she ever did herself more credit than she did last night. Mrs. Nichols gave two dances, "The Dance of the Demon" and a Spanish dance. In her usually graceful and pleas ing style, and easily -proved the wisdom of her judgment In adopting dancing as a profession. Webber and Elliott gave a musical spe cialty which tho audience enjoyed so well that they would 'have protracted It Indefi nitely, had not the. musicians begged off from sheer weariness. Mr. Elliott's sing- lng of "She Was the Idol of My Heart" and "Absence Makes the Heart Grow Fonder" to the accompaniment of merl mophone and harp and mandolin, was one of the most pleasing features of the even ing's entertainment, and the "turn" as u whole has never been excelled In Port land. All of the children's dances wero pretty and well executed, and the little tots' heads must have been sadly turned If they valued the applause for what It was worth. The girls, wearing wings and brightly costumed as butterflies'' ana fairies, made a pretty picture against the dark background of the woods, and the boys, clad In long robes and arrayed in the long, white beards of gnomes, sup plied considerable comedy. Mildred Meyers and Florence Judge, two of the smallest maidens In the troupe, sang a pretty love song from "The Belle of New York" with an expression and sweetness that was well-nigh Incredible. Tiny Georglne Nichols did a graceful lit tle dance, and sang a coon song that brought down the house. Eola Richards anifl Amy Gerstel did a clever little dance. The lines of the poem which forms the play were all well read. Mrs. Nichols, Miss Lawler and Miss Jenplngs were par ticularly good In their parts, as was also Charles Wilson, who, as the ogre, dis played considerable dramatic ability. "Tltania" will be repeated this after noon, and will be found not only of con suming Interest to the youngsters, but well worthy of their elders' attention as well. ' Slowly Signing the Petition. ' The petition for the improvement of Grand avenue between Belmont and East Burnside streets, is slowly being signed, Some property-owners are hesitating though" they signed tho former petition 1 without reservation. Those who have Roswell P. Bishop. Albert S. Berry. J. H. Bankhead. signed represent property sufficient tto se cure the improvement between Belmont and East Stark streets, but not to East Burnside street. Will Not Interfere With Exposition. The sale of the Portland University prop erty for a Catholic school will not Inter- - A NIGHT STRUGGLE. Woman's Fight With a Demon. It Is remarkable the curious and differ ent ways coffee will affect the human body. A little lady In Herkimer, N. Y., had an experience that may happen to others, but It Is not common. She says: "I am Impressed with the de sire, not only to thank you personally for relief, but to realize that others may have 1 the same distressing symptoms without thinking of the cause. "When I would drop asleep I would seem to receive a perfect electric shock from feet to head through every nerye of mv bodv. It was rlrpadfuL T would final- j ly become so feverish and exhausted with this horror repeated over and over each time I fell asleep that I was obliged to force myself to stay awake, actually not daring to think of rest. "After one such horrible night, which I Bhall never forget, I arose completely worn out with my night's battle, but with a firm resolve to set aside my morning cup of coffee, as I began to believe that was the cause of my trouble. "I had some Postum Food Coffee made according to directions. I took another cup at tea time. At night, to my great surprise, I fell quietly asleep and rested well all night. Jt seems Incredible after only one day's use, but It Is positively a truthful statement. "I have persisted In the use of Postum until now my nervous system Is In per fect condition. , "Husband showed someslgns of coffee noisonlng. such as stomach trouble and 1 other symptoms, so he left off the coffee and drinks Postum with me. This nas improved his' health, and he says he likes Postum better than he did the Old-fash-inn H coffee. I "Wn TTilfht hnvo bpen saved our trouble I jf we had known the truth about coffee. j but we were Ignorant as are thousands of others, and had to learn by experience. i "Please do not use my name in public." ' Name, can be given, upon application, by, the Postum Cereal Company, Ltd., Bat- j tlo creek, Alien. Geo. P.. Lawrence. Thomas H. Catchlngs. Rufus E. Lester. Blackburn D. Dovener. fere with, the plan to locate the Lewis and Clark Centennial on the Peninsula. About 200 acres of land adjoining the uni versity grounds are available and they who have been working to get the fair lo cated on the Peninsula will keep up the effort. INAUGURATION OF SEASIDE SERVICE. Saturday, June 29, the O. R. & N. Co.'s side-wheel steamer T. J. Potter will leave Ash-street dock for Astoria and beach points at 1:15 P. M. Returning, leave Ilwaco Sunday at 8 P. M., arriving Port land Monday morning at 5:30 A. M. The Potter will continue on this run during July and August, leaving Portland dally except Sundays and Mondays, in accord ance with published time card. Baggage for checking must be received at Ash-strect dock at least 30 minutes be fore departure of boat City ticket office Third and Washington. CANADIAN PACIFIC. Tickets at special rates to Detroit and Cincinnati will be on sale July 1. 2 and 3. These are good on our fast train, the "Imperial Limited." For further particu lars call on H. H. Abbott. 142 Third street THE NE5a Take Elevator. ktffiM tfAtecat 'Mw&rtf. The question whether the Driscoll. bill,' passed by the Legislature of 1901, requires all county supplies to be purchased by, contract from the lowest bidder, and whether warrants Issued for supplies bought where there was no contract are legal, was argued before Judges CTeorge. Sears and Cleland in the State Circuit Court yesterday. The decision will bo' rendered July 3. Alexander Bernstein, of counsel for tho Board of County Commissioners,, contend ed that there Is nothing In the law to prevent the County Court from buying without letting contracts, stationery or any supplies the county requires. Tho county,, he asserted, may construct any thing, such as a bridge or an addition to the poor farm so long as it does the work Itself, hiring the men and paying them, and purchasing tho material. The Commissioners may do today in this re- spect what they always have done, but if tney let a contract they must advertlso according to law. The new law does notj. take authority from the County Cour, but It provides for a method of pro-f cedure when It lets a contract. The coun ty may not let a contract except ac cording to the provisions of thla law. Mr. Bernstein argued that the law pro vides only for contracts for public works' and the purchase of materials for publlo works, and not for the purchase of ma-t terlals and supplies for ordinary pur-, poses. Counsel urged that, under a strict construction of this law, as some people would have It, a postage stamp could not be purchased except under a contract." This would lead to absurdity, and would) the court say the Legislature Intended such a thing? The emergency clause, ho! contended, plainly shows that the law la, meant to refer to the letting of contracts.' He read this clause as follows: ' Inasmuch as there Is no prescribed proceed-. lng tor letting contracts, for which reason un-J certainty and confusion exist, resulting In loss. In letting of public work, this act shall bo in force, etc. I H ftreiipd that thla motion Anop nnt il that no purchase may be made except, unaer a contract, and that tne law does; not intend anything of the kind. M. L. Pipes made a somewhat similar argument, saying, among other things: I "The Legislature never intended to take from the County Court the discretion oft dolnp the public work. If it was belieVed to be cheaper than to have it done by contract. It Is contrary to the object of the act. One of the ways to construe' an act is to study the c'll to bo reme died and then study the old law- There' was never any complaint made against) the county for buying supplies, as haa been objected to In this Instance. If there, was an evil the remedy Is worse than' the disease. Take one of the items for. $2 SO? The parties, under the law as the. state tries to Interpret it, would be obliged to give their certified check for 28 cents, supply a contract and furnish a bond. Of course, that Is absurd and trifling, for it would cut the county off from buying. The parties would not bid for such a, small amount, and the county would ba the loser." District Attorney Chamberlain, who haa several times expressed an opinion to thej County Commissioners and County Au-i dltor that the Intent of the law Is that; all supplies must be purchased under con-i tract, adhered to his position. He said lt makes no difference if it should lead px Inconvenience or expense, or even sonjfr;i times to absurdity, though -he- did noV believe It would do so. That, he said. ix not for the court to say, but to carry' out the will of the Legislature. FORT CANBY. Are you awaro that the United State'' has one of Its finest army posts at Fort Canby: also lighthouse of the first-class built on the top of a rock bluff 232 feet UUUtC lite otui -fc. w. .... u. .. -J i ticket agent. Third and Washington, wilt teli you more about this picturesque . V At 7 TH r T JP. AT .Ifvl pla.ee by the sea and tho way to got there. H DAILY METEOROLOGICAL REPORT. PORTLAND, June 23. Maximum tempera-, ture, 63; minimum temperature, 32; rlvor rrad lng at 11 A. M.. 14.1 feet; change In 24 hours, I 0.2 foot fall; total precipitation since Septetn-M bcr 1. 1900, 42.G8 inches; normal precipitation! slnco September 1, 1000. 45. G2 Inches; deficien cy, 3.04 Inches; total sunshlno June 27, 3:00 J, poeslblo sunshine June 27, 15: IS. WEATHER CONDITION'S. The pressuro is decreasing very rapidly Id I me i'acinc mates, ana aunougn consiaeraDiai cloudiness exists In Washington, no rain ha4l yet fallen west of the Rocky Mountains. Th-j changes In temperature have been small, except In the interior valleys of California where it Is warmer. At Red Bluft the ud usually high maximum temperature of 103 de grees was reported, and at Sacramento it was nearly as hot with a maximum temperature of 104 degrees. The Indications are for unsettled weather !'"' this district Saturday, with probably showery' In Eantern Oregon, which may extend nort!- into the Palouse country. WEATHER FORECASTS. Portland and vicinity Fair and probabljf warmer. Northwesterly winds. Western Oregon and Western Washington-.' Fair. Probably warmer, except near coast, I Northwesterly winds. with thunder showers. Warmer. Northerly winds. Eastern Washington and Northern Idaho Increasing cloudiness, with probably thunder showers south portion. Warmer. Winds most ly northerly. Southern Idaho Increasing cloudiness. Slight-'! ly warmer, with northerly winds. 1 EDWARD A. BEALS. Forecast Official. , NEW TODAY. MORTGAGE LOANS On Portland real estate at lowest rat. TltlM Insured. Abstracts furnished. Title Guarantee & Trust Co. 7 Chamber of Commerce. FOR LEASE For tern of year, to thoroughly re sponHlble tenant, 50x100 feet or Fifth and Stark utreetn, city. ROUNTREE & DIAMOND, Brokers, 241 Stark, Cor. Second. GUKRD or Eyeglasses enables glasses to be held on t noses, which In the past have resorted to spec tacles. Rimless Eyeglasses are the acme of perfection In the eptlcal line, and can be had in Gold Filled $3.50 Solid Gold $5.00 NIckle $2.50 218-19 FAILING BUILDING Corner Third and Washington Streets Ik Q