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.
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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