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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Sept. 11, 1901)
8 THJD MOKttHSTG OREGONIAN, WEDNESDAY, SEPTEMBER IX, 190r. RECEIVED AiNOl HER BLOW JUDGE GEORGE DECIDES AGAINST BUILDING ASSOCIATION. Orders a Suit to Foreclose a 3Iort- gragre for an Indefinite Period, DlNiniKNcd. Building and loan association methods received another blow yesterday in the decision of Judge George In the cult of the Pacific States Loan & Building Com pany against Mary M. Peterson, Alex Peterson, Katherlne E. Sloan and C. E. Griffith, which was in favor of the de fendants. The suit was to foreclose a mortgage, the original amount of which was 5809, and ?1142 40 was paid. The plain tiff claims a balance of $407 and 585 at torney's fees. The defendants set up that there was to he S4 payments of $13 GO each, all of which were made. It was alleged in the second answer of the defendant parties that the mortgage was made payable in California to evade the laws of Oregon regarding the excess of 10 per cent interest per annum, and that the agreement was corrupt. The defendants asked that the sum of 51142 be applied on the payment of the loan in full. The court stated, in giving a review of the testimony, that it felt bound to follow the Supreme Court principles In matters of this kind. Citing the case of the "Wash ington National Building & Loan Invest ment Association vs. Stanley, he stated that it was held that a bonus, Is called a premium within the meaning of the law of building and loan associations. He dwelt upon the usurious practices of cor porations in compelling members to pay premiums on loans, and then concluded as follows: "In this case the company required 8 shares of stock to be subscribed and pledged for the $S00 loan; also, 8 more shares which were to serve as a premium. to the company, the company to be the full beneficiary of these additional 8 shares but the borrower must keep them paid up in good standing until they matured at some indefinite time in the future at the rate of CO cents a month on each share. The ruling of our Supreme Court would appear decisive of the case In. favor of the defendant It is, however, contended by the plaintiff in this case that as it is a California corporation, having its principal place of T)usiness in San Francisco, and the contract in terms was made payable In that state, that so far as usury is con corned it must "be governed by the laws of California and cites a Tecent decision of theTJnlted States Supreme Court that of Bedford vs. Eastern Loan Association. "Our Supreme Court in the case of the Washington Building & Loan Association vs. Stanley held that where a contract With a foreign building association, au thorized to do liusiness in Oregon, is made In Oregon and is secured by mortgage on realty here or a suit In Oregon to enforce such lien, such contract is to be con strued by the laws of Oregon, though it stipulates that it is a contract of such foreign state. "There being no question herein In volving the Constitution of the United States, the court must follow the deci sion of our Supreme Court Under the facts and and under the rule adopted by our Supreme Court the case must bo treated as a loan, and the borrower must Tie credited with all payments made. As these payments so credited pay off the 5SO0 and 6 per cent Interest the prayer of the defendant that this suit be dismissed will be allowed." This case was tried last term, G. W. Allen appearing as attorney for the Building & Loan Association, and Will iam Beid and Judge Stott for the defend ants. Dented, Motion to Vacate. Judge Frazer 3Testerday denied the mo tion to vacate the writ of arrest issued in the damage euit of Charles Colfelt against W. Shatton, master of the ship Oceana, and decided that the warrant was properly issued under paragraph 1 of sec tion 10S of the statute, Shatton being about to depart from the state. J. Couch Flanders, attorney for the de fendant, had previously argued that the action was one for debt, and that the ar rest was contrary to the seaman's abuse act, as follows: "No officer or seaman of a seagoing ves sel or ship shall be arrested or impris oned for debt; and any officer executing a. process of arrest for debt upon such of ficer or seaman shall, upon conviction thereof, "before any Justice of the Peace or Circuit Court, be fined not less than ?20 nor more than $100." Judge Frazer, in passing upon the case, 6aid a debt does not ordinarily compre hend a claim for damages. It did not occur to him that where a man injures another he ought to be allowed to go with impunity. The provision of the law referred to exempting an officer or sea man of a seagoing vessel from arrest for debt does not apply if a person has been arested in a suit for damages for per sonal Injuries or injury to character. It was not intended to protect a man from a tort or a wrong, but to prevent trump ing up charges of debt against a captain or sailor and detaining a ship about to proceed on her voyage. Judge Frazer explained that this law was passed to stop the practice of sailor iboardlng-house men at Astoria of taking sailors xff ships which were about to sail on charges of debt and delaying the vessels. Under this law a person neeed not trust a sailor, and if he did it was on nis own risk. Captain Shatton filed a bond in the sum of 5500vfor his future appearance. In the Criminal Court. A. Miller, B. Latourelle, Boss Larson, Joe Holder, Herman. Schneider, William. Grimes and Max Huhle, charged with sell ing liquor without license, were arraigned before Judge Frazer yesterday, and al lowed until Monday to plead. Antonia "Villa and James Lyons were granted until Mondaj' to plead. The trial of A. F- Smart on- a charge of obtaining money under false pretenses, was set for September 23. B. W- Patterson, Fred Love and J. Feldman, charged with robbery, were be fore the court in order not to nave their ball forfeited. They explained that they did not' know that they should have ap peared Monday. x The trial of A. "Von Grunlgen, set for September 30, was reset for October 8, defendant's counsel, A. B. Mendenhall, stating that he had a case to try at Stev enson, Wash., on the former date. Decisions Today. Judge Cleland will announce a decision this morning at the joint session, In the matter of the petition of W. M. Northup for a writ of habeas corpus. This is the barbers Sunday-closing law case. Judge Sears will announce a decision m the case of Marshall Field & Co. vs. B. L. Sabin; also in the case of Cyrus D. Uoble vs. Gus Routh. TALK ON FILIPINOS. Piiyician From Manila Entertains Members of Y. "V. C. A. Dr. Alice Condict, who has been a prac ticing physician in Manila, gave a de lightful talk before the Young Women's Christian Association last evening. She explained why the Filipinos had turned from the Roman Catholic Church, and showed that the authority of the pope was growing weak in all parts of the world, except America. The Filipinos, she said, having abandoned the faith of their childhood, are showing a disposition to accept Protestantism in its place; and the American missionaries must be ready to meet the call for help. The supreme need in the Islands just now is the trans lation of the Bible Into the Filipino lan fiage.vThis must be accomplished through the medium of the American Bible Soci- ety and generous donors in private life. An amusing incident was related that oc curred at a large Sunday gathering of natives under a Protestant preacher. It Is an excellent illustration of the sim plicity and good will of the Filipinos. Before the sermon was quite finished a keg of beer was brought in, and at the close of the service every one present was offered a glass of the foaming beverage, with cake. They innocently supposed that, since the American soldiers liked beer, all the American people liked it, on all occasions. They were much puzzled to explain why the preacher waved it aside with a smile. Br. Condict told many other entertain ing stories that illustrated the Filipino manner of living, dress and misunder standing of American customs. MAY KEEP THEIR LIGHTS. Subnrbanltes Not Liltely to Be Robbed of Street Illnminntion. Suburbanites who are threatened with the loss of their arc lights made them selves felt at the meeting of the Board of Public Works yesterday. The had no ticed in the papers that the board was being pressed for lights by the residents of other districts, and that the arc light which shed brilliancy over their lonely roads on dark Wintry nights, was in dan ger of being transferred to some point where people were clamoring in campara tlve darkness. J. J. Crofut, a resident of Columbia Heights, was one who protested against his arc light being removed. "We never see a policeman out our way," be said, "and we have no Bull Run water; neither do we have a poundmaster, so all we get for paying our city taxes is this one solitary light that helps dispel the gloom over a vast area of wooded fields and vacant lots. There are fully 25 fami lies cheered up by this light, and we can not afford to dispense with It. We, there fore, hope the gentlemen of the light com mittee will permit the light to remain where it has hung for several years." A. H. Breyman spoke for the commit tee. He said: "We can't hang an arc light In front of every man's door, and the people of East Ankeny and East Thir tieth streets are much in need of this light. We try to make the lights go as far as we can and to make them serve the greatest number of people. Columbia Heights is away east of use street car line, back of Woodlawn, where the streets are not even graded yet." Mr. Crofut left the presence of the board, evidently impressed with the fail ure of his mission, and so thought his section of the City of Portland is doomed to darkness until the number of arc lights Is Increased. Councilman Bronaugh was on hand to prevent the people of Carson Heights being left in the dark. The report that the light was to be removed from the vicinity of the Jewish cemetery had caused great commotion In that portion of Mr. Bronaugh's ward, he said, and this arc light was all they got for the taxes they paid, and so he begged that it might be allowed to remain. "I tell you, gentlemen," a member of the board said, "we must quit moving these arc lights about. When we take a light away It makes everybody in the neighborhood mad, while the people bene fited by Its introduction somewhere else, soon forget the good turn we have done them. Some of them remark, 'That's all right; the light should have been put there long ago,' but "the people who grope' homeward In the dark, remember the light of other days with regret and re sentment." The argument was considered logical, and so there Is not likely to be any fur ther changing of arc lights in the suburbs In the immediate future. Carson Heights people may, therefore, cease from further worry about their lonely arc light near the Jewish cemetery. But there is no arc light hung at the intersection of Second and Taylor streets yet, although a large number of persons attending lodge meetings at the A. O. U. W. Temple have been trying to get one for a long time it is probable that their request will he granted, but the light will have to come from some corner near by. Bids for constructing a sewer on Occi dent street were opened; Jacobsen & Bade, $104 06; Riley & Stephens, $107 CO; Frainey & Keating, $190 90. For constructing cement sidewalks about Plaza blocks, J. R. O'Neill bid 51322 25, B. F. Thiess, $1255. D. Kamulo's bid was 10 cents per square foot 'for the walk, and 30 cents per lineal fbor, for curb. He was awarded the contract. TEACHERS' INSTITUTE. Opening: Session at the BTish School at 9 Tills Morning;. The first meeting of the three days' series," of the Multnomah County Insti tute will be held this morning at the High School building. A number of teachers from a distance arrived in the city last evening to take part, and the sessions are expected to be of more than usual interest. Among prominent edu cators expected to take part in the in stitute are J. H. Ackerman, State Super intendent of Public Instruction; Frank Rlgler, City Superintendent of Schools; P. L. Campbell, president Monmouth State Normal School; W. C. Hawley, president Willamette University; Miss Anna El Knox, superintendent of draw ing, Portland, and Robert Krohn, super visor of physical training. Today's pro gramme Is as follows: MORNING. 0:00 to 9:15 Music 0:15 to 9:50 "Grammar," J. Burnham. 9:50 to 10:30 "Our New Draw ins Books," Anna B. Knox. 10:40 to 11:20 Supplementary reading; "The Problem," P. L. Campbell. 11:30 to 12:00 "Primary Numbers," Frank Rlgler. AFTERNOON. 1:30 to 1:45 Music 1:45 to 2:25 "Geography Climate," J. Burn ham. 2:25 to 3:05 "Object Drawing Light and Shade," Anna E. Knox. 3:05 to 3:20-;-Recess. 3:20 to SrSO--Speclal music. 3:30 to 4:20 "The Power of the President, as Defined In the Constitution and Illustrated by Our History," W. C. Hawley. RUMMAGE SALE TODAY. Opening; of the Bargain Store by Congregational "Women. The rummage sale of the women of the First Congregational Church will be opened today at 270 Morrison street, be tween Third and Fourth, next door to the Security Bank. Yesterday there was a busy gathering of the managers of the enterprise at the store, where they were receiving donations and placing the price tags on the articles that will be placed on sale today. On the counters were heaped clothing of all kinds, most of the articles being in such a fine state of preservation that the store had the appearance of be ing a first-class furnishing store in the process of formation. The rummage sale has come to be an undisguised blessing to the community. Garrets and closets are cleared of things that some people do not want, which are the very things that others have been clamoring for. People with keen eyes for bargains can find just tho things they are looking for at a rummage sale. In variety of goods and wares offered for sale, the outlay of the women of the First Congregational Church will be deemed one of the best thathas been opened during the life of the fad. For Spokane Industrial Fnir. Take the Spokane Flyer, the O. R. & X. crack train. Leave Portland Union Depot at 6 P. M, arrive Spokane following morning at 9:15. Palace buffet sleeping car, tourist sleeping car, day coaches and smoking car, without change. Round-trip rate September 13, good for return until September 17; only 59 50, including admis sion to the fair. Ticket office, Third and Washington. AS IT WAS 50 YEARS AGO FIRST STREET TO BE REPRODUCED AT COMING CARNIVAL. Copies of First Issue of The Orego- nlnn as Souvenirs Native Som and 'Daughters. The coming carnival Is .going to be'hls torical as well as modern, mirthful and musical. All arrangements hayo now been made for the reproduction of a Portland pioneer street, on which will be located the old Oregonian building. In this struc ture will be located the real reproduc tion of the first Oregonian office, which will contain the old hand press and the first forms. Copies of the first Orego nian will be printed while you wait, and distributed as souvenirs. The enterprise will be under the auspices of the Native Sons and Daughters. The $250 needed for the expense of reproducing the pioneer street was raised yesterday. It will be a most interesting exhibit, and a striking reminder of 50 years ago. At Exposition Building. Quite a change is being produced In the "nternal appearance of the big structure which will soon contain vast crowds of visitors and sightseers. BeCaprlco's band leheaTsed in the music hall yesterday for the first time, and the accoustlc effects were very good.. Soon the music will get used to the hall 'and the hall will get used to the music, and by opening night there will be a beautiful blending of sweet sounds. The entrance platform to the big build ing on the Chapman street side is being braced, and strengthened, and the im mense crowds that? will soon be crossing it will be treading on firm foundations. Concession Business Good. A B. Stelnbach, who is performing the responsible duties of treasurer of the car nival committee, and is also chairman of tho consessions committee, is having a very busy time these days. Concessions are in good demand at fair prices, and all applicants are coming right up with the cash. 'Mr. Stelnbach's committee Is- realizing more money out of concessions than ever before. Everybody seems to recognize the fact that there are very large crowds of people coming to the carnival, and are shaping their business policy accordingly. Carnival Information Bureau. Better to accommodate and make more pleasant the visits of the unusually large crowds of people who are coming to Port land during the carnival, the committee concluded some time ago to establish one of those useful institutions an informa tion bureau. It has now been established in a very central locality, at the drug store of Su perintendent E. W. Rowe, the Aldrich Pharmacy, Sixth and Washington streets. The books are now open for registering rooms, and people who have rooms to rent shuld so state in writing, giving the number tney have, the price per room or ,bed or person, .location, distance from car 'line, etc. People desiring to talk to the bureau can call up Oregon phone Main S55. Columbia 55. Woman's Department. Preliminary work is being vigorously pushed which promises to make this one of the finest features of the year. The auxiliary committee consists of the fol lowing: Mrs. O. Summers, Mrs. Tyler Woodward, Mrs. Julia Comstock, Mrs. Eu gene D. unite, Mrs. D. S. Cohen, Mrs. Edward Sullivan; Dr. (Mae Cardwell, Miss A. Miller, Mrs. D. M. Dunne,' Mrs. L. Therkelsen, Mrs. A. B. Stelnbach, Jtfrs. E. S. Edw ards. The home department of the Woman's Club will meet at 1 P. M. tomorrow at 451 Alder street, and all'club members are Invited. Eugene -Soldiers Will Tnlce Part. EUGENE, Sept. 10. Company A, Fourth Regiment, O. N. G., has decided to enter several of the competitive events in the Military Carnival at Portland, September 25 to October 1. Captain Huston, com manding the company, has begun prepar ations for the contest. CHECK SIGNED BY M'KINLEY It Was Not Honored nnd "Wnrdell Was Arrested. A man who gave his name as J. E. Wardell and who could not state where he lived, was arrested yesterday and taken to the police station, in order that his mental condition may be inquired into. Last Monday he walked into the First National Bank and presented a check for $5000 signed "Major William Mc Kinley," and said offhand to the teller: "I'll take it in gold." Tho man's talk was so incoherent and the check he pre sented for payment was so extraordinary that he was given an evasive answer, and the police notified. In the meantime, Wardell, scenting trouble, walked away, and he was not located until yesterday. Chief McLauchlan examined the pris oner., and the latter Insisted that tho check was an advance on his salary. "I am to work forthe Government as a civil engineer, and have worked for it before," said Wardell. "Your check was signed by President McKinley," remarked the Chief. "That's all right; we have an ar rangement about it," was Warden's Teply. The prisoner made a rambling talkl He was sent to the county jail. PERSONAL MENTION. Dr. Harry Llttle.of Oakland, Or., is at the Imperial. (Miss C. L. Huggins has returned from her- Summer's outing at Pacific Grove, Cal. Miss Valentine Prichard has returned to Portland after her Summer's work in ped agogy in Southern California. George U. Piper and Fred W. Piper, of Seattle, returned yesterday from Seaside, and are staying at the Portland. W. B. Dennis, of Spokane, is at the Portland. He reports the customary ac tivity in the cinnabar mines of Black Butte district, Lane County, where he is operating. Miss Wynn Coman left yesterday for a day's visit with friends at Salem. She and her sister, Miss Martha Coman, find it necessary to leave Portland for New York sooner than was expected, their stay ending here next Monday. John Wood, superintendent of the Co lumbia Engineering "Works, and Mrs. Wood have returned from a two weeks' outing at Trout Lake, and that vicinity. They are both much Improved by the trip, which was thoroughly enjoyable. Mr. Wood Is telling his friends tales of bear and other large game that fell before his trusty rifle, and of the strings of the largest trout ever caught that came to his hook. Of course, these stories are taken with the usual grain of allowance. NEW YORK, Sept. 10. Northwestern people registered at New York hotels to day as follows: From Portland A. C. Mohle, D. B. Smith, at the Imperial. From Seattle A. I. Adams, at the Her ald Square; W. J. Kearney, at the Criter ion; T. H. Graham, at the Astor; W. K. Gurin, at the Gilsey. NEW YORK, Sept. 10. Miss Margaret Thompson, of Portland, who has been visiting In New York for the past month, left for home last Tuesday. NEW YORK. Sept. 10. W. E. Grace, of Baker City, called at the Eastern head quarters of The Oregonian yesterday. Mr. Grace took a prominent part In "shriners" day at Buffalo. He will go from New York to Philadelphia, from there to Wash ington, and will then return to Buffalo. He will leave for home September 20. George S. Shepherd, of Shepherd, & Cel lars, attorneys at law, also called today. Mr. Shepherd expects to leave for home tonight. NEW YORK. Sept. 10. James G. Stowe, ex-United States Consul-General at Cape Town, South Africa, arrived here today on board the steamer Koenigen Lulse, from Bremen and Southampton. Other passengers by the same steamer were the Rev. (J. C. Tiffany, Baron Wrangel, Ham ilton .W. Mabie and Victor P. Lawson, of Chicago. DAILY CITY STATISTICS. Marriage Licenses. William Bates, Ella Laubach. Paul F. Uhlig, Cora C. Clow. Building Permits. E. Corbell, two-story dwelling, Twelfth street, between Alder and Washington; $4400. Julia A. Murphy, two-story .dwelling, Everett street, between Park and Ninth; ?2700. Kate Porter, two-story dwelling, East Ankeny, between East Seventeenth and East Eighteenth; $1600. Contagious Diseases. Four-year-old son of L. L. Carter, 696 Lovejoy street, diphtheria. Leroy Carter, aged 1 year, 271 Porter street, scarlet fever. Death Returns. September S Emma Aumacher, aged 4 years, 625 East Salmon street; diphtheria. September 6 Lucinda Jane Roberts, aged 40, 435 East Ankeny street; liver com plaint. September S Margaret R. Schneider, aged 2 months, 68S Thurman street; in anition. September 8 Max Leo Rocher, aged 5 months, 655 Quimby street; exhaustion. September 6 John B. Cabell, aged' 50 years, Portland Sanitarium; liver com plaint. September 7 Irene J. Burnell, aged 19, Good Samaritan Hospital; appendicitis. September 1 LiHle Marie Grove, aged 6 years, S28 East Lincoln street; diphtheria. September 6 Edna A. Spadinger, aged 7 months, S42 East Pine street; cholera in fantum. September 8 Mary A. Sloper, aged 20 j ears, corner East Fifteenth and Tremont streets; disease of the heart. September 7 Dorothy Sandys, aged 4 months, 324 Fourteenth street; cholera infantum. September 8 Wheeler, aged 2 months, 511 Mill street; indigestion. September 9 K. W. Dittmer, aged 34 years. 101 North Fourteenth street; con sumption. Real Estate Transfers. Allle M. Hudson to Maud G. Hud son, lots 7 and 8, block 15, Caruth ers' Addition, December 6, 1S98.... 1 00 Christina Mclntyre Smith and hus band to S, 4.. Soule, lot 11, block 7, Sunnyside, December 14, 1900.... 1,400 00 Ashley B. Townsend and wife to Joseph M. Healey, undivided one half of block 1G2, East Portland, September 9 500 00 M. E. Thompson and wife to C. A. Dotson, lots 9, 10, 11 and 12, block 9, Park Addition, July 19 300 00 Dora J. Elliott to A. W. Culver, west half of lots 7 and 8, block 25, Caruthers Addition to Ca ruthcrs' Addition, August 8 2,000 00 Isaac H. Deason and wife to May Pendergast, trustee, lots 11 and 12, block 44, Piedmont, August 6.... 400 00 Associated Banking & Trust Com pany to J. A. Duft and D. S. Duff, lot 4, block G, Lincoln Park An nex, May 8 150 00 Sheriff, for Enoch T. Howes, to John H. Lewis, lot 3, block 17, subdivision F, Portland Home stead, September 6 5 14 Sheritt, for Clarissa A. Howes, to John H. Lewis, subdivision 3, block 17, Howe's Subdivision, Portland Homestead, Septem ber 5 4 29 Sheriff, for Isabella B. Lewis, to . subdivisions A B, lot 2, block 17; subdivisions D, E, F, G, H, lot 2. block 17; west half of subdivisions A and B, lot 3, block 17: subdivision E. lot 3, block 17, Howe's Subdivision, Portland Homestead, Septem bers 3104 Elizabeth L. Struble and J. H. Struble to Catherine E. Struble, 50x146 feet, section 31, T. 1 N., R. 2 E., August 26, 1S99 100 Baker Loan & Investment Com pany to Mrs. Louie E. Welch, lot S, block 201, Portland. Sep tember 5 3,125 00 George Seiferlein to Mary Reich, lots 11 and 12, block 31, Penin sular Addition No. 2, September 10 2,00000 W. D. Smith to Mrs. E. A. Willis, lots 21 and 22, block 3, Stanley, September 9 i 00 For abstracts, titlo Insurance or mtg. loans, see Pacific Coast Abstract Guar anty & Trust Cc. 204-5-6-7 Failing bldg. BATH FUND LANGUISHING. Why Cannot Portland' School Chil dren Each Give 10 Cents? ' The fund for the free swimming bath for boys and girls has dragged along slow ly the past three days, and it requires a fresh lease of life to reach the $5000 mark. Why could not the public school children raise the balance of the money between them? If every school child In Portland would personally contribute something, the whole of the money would be raised this month. The schools reopen Monday. Which school will be the first to start a fund for the free swimming bath? Let every, child give, say, 10 cents. An object-lesson as to what little boys can do was witnessed in Edward Hol man's office yesterday. A -little boy, about 5 or 6 years old, walked in and said: "Where's Mt. Holman?" "Here," my little man," said the person referred to. "I've brought 5" cents for the bath," said the youngster, and he handed Mr. Holman an envelope and fled. On the envelope was written this message, in vertical handwrit.ng: "Five cents for the free bath. From Ned R. Hill." A nickel was In the envelope. Yesterday these other subscriptions were received: S. Blumauer, $2 50; Louis and Carl Buchan, $1; Edwin Wentgerter, Hj C. T. Prehn, $1; Adolph Horr, $1; Miss SiegaVs party, $2 50. STATE BOARD OF PHARMACY Twelve Passed the Examination and Were Registered. A number of candidates for registration were examined at the quarterly meeting of the State Board of Pharmacy yester day. Twelve obtained the required per centage, and were registered. They are: ' Portland H. A. DIckman, J. B. Ziegler, G. M. Eberle, Z. M. Chase, B. E. Smith, TJ.' C. Bolden. Salem Z. J. Riggs, A. Ringo, Elizabeth E. Lewis, James Aitken. Pendleton A. C. Koeppen-. Astoria B. H. Larrabee. The board will hold its next meeting in Portland, December 10. AMENITIES IN COURT. Two Lawyers Throw Banquets That Were Xot ' Fragrant. J. 'H. Hitchings and John Ditchburn, attorneys, had a tilt in Judge Sears' Court yesterday while making opening argu ments in the trial of the suit of Cyrus D. Noble vs. Gur Routh, to recover 591 on a claim assigned by Dr. E. D. Johnson. Hitchings, in the course of his remarks, said: "There have been several lawyers in this case for the defense, one by the name of Cunningham, who suddenly dis appeared between two suns, and another named Reed, supposed to be a bartender lor the defendant, and I don't know how may more there will be." Mr. Ditchburn proceeded quietly to state Is the baby happy and con tented? If not, send for a sample of Mellin's Food. Mellin's Food is good for babies of all ages because it adapts itself to the dif ferent conditions and re quirements. Mellin's Food makes babies happy. Send for our book, "Mellin's Food Babies." You will find it interestinff. We will send it free i MELLIN'S FOOD COMPANY, BOSTON, MASS. OT HAZELWOOD ICE CREAMS and SHERBETS Put up in all shapes and flavors BOTH PHONES 154 hfs side of the case, and in conclusion said: "One thing more, now about Cun ningham leaving town. I would Uke to stato that it would have been a very good thing for the community If Hitchings had gone along with him." Hitchings jumped from his seat, threw both hands in the air and kicked his feet together, and In excited tones replied: "It would have been a good thing for the community if Ditchburn had never en tered it, as the court records will show." Judge Sears interfered at this juncture with the admonition that it was time to proceed with the case. A PREVIOUS PLOT. Anarchist "Went to San Francisco to Kill the President. NEW YORK, Sept. 10 Details of a pievious plot against the life of President McKinley are given out on authority, it is said, by Senator T. E. Ellsworth, ac cording to a special to the Tribune from Lockport, N. Y. He is credited with the statement that the plot was hatched In Paterson. N. J., about the tirst of May, and Emma Goldman, Luis Blnesteln and other prominent anarchists are said to have been concerned in it. A young tai lor, Michael Anunzl, it is said, was the one to whose lot it fell to do the deed. At that time the Presidont was on his tour of the "West, and Anunzl left for San Francisco, where he expected Mc Kinley would be by the time he reached there. But he arrived several days ahead, and attended several anarchist meetings, where he met a young man, to whom he told his purpose. The young man was none other than a Secret Service detec tive, and Anunzl was promptly arrested, but upon lack of evidence and certain ad vices from Washington, only the charge of vagrancy wao entered against him. The condition of Mrs. McKinley is said to have had some, bearing upon the matter, which was hushed up, the prisoner being sen tenced to eight months in the San Fran cisco workhouse. NEEDS OF PORTO RICO. American Market Mnst Be Opened for Its Coffee. NEW YORK, Sept. 10. L. S. Rowe, chairman of the Porto Rican Law Com mission, Is now in New York, having ar rived yesterday from San Juan. Speak ing of the outlook on the Island he is quoted as saying: l "With two such men as ex-Governor Allen and Judge Hunt to serve tho Amer ican people In the first colonial experi ment, the success of the ultimate out come was to be foreseen. Under Govern or Allen's direction the broad foundations of civil rule were laid, but It remains for Governor Hunt's administration to work out in detail the new system of govern ment. "The most Important economic need of the Island at the present time Is the opening of the American market for Porto Rican coffee. One danger which has con siderably disturbed the people is the pos sibility of Introducing Brazilian coffee into the island and exporting it as the Porto Rican product. The simplest remedy is a re-enactment of the provision of the Foraker act imposing a. duty of o cents a pound on all coffee comng Into Porto Rico. With the additional stimulus of a protective duty against Brazilian cof fee it Is more than likely that the com ing year will witness the complete restora tion of those districts which were laid MUSCULAR PASTOR. Muscles Buit Up by Common Sense Habit. "For years I have not been able to drink coffee, as it made me very nervous and gave me a headache. No one loved coffee more than I and it was a severe trial to abandon its use. Nearly three years ago I saw Postum Cereal Coffee advertised and concluded to try it. "I have been so well pleased with It and its healthful effects that I have used it ever since. I carry packages with me when I visit other places. "When I began to drink Postum, my muscles were flabby, as my habits are sedentary, but for the past two years my muscles have been hard' and I never felt stronger In my life than I do now at 60 years of age, and I attribute my strength of muscle to constant use of Postum. I drink it three times a day. I feel so enthusiastic about Postum that I cannot recommend it too highly wher ever I go. Wishing you great success, yours truly," Kev. A. P. Moore, 474 Rhode Island street, Buffalo, N. Y. The reason Postum builds up the human body to a prime condition of health, Is that when coffee is left off, the drug effects of the poison disappear and the elements in Postum unite with albumen of the food to make gray matter and re fill the delicate nerve centers all over the body and In the brain. This sets up a perfect condition of nerve health, and the result is that the entire body feels the effect of it. 1 I' I sl COOLERS Cream Co. 382 WASHINGTON STREET waste by the hurricane, and in which lit tle or nothing has been done since. Street Fair Not a Financial Snccess. BAKER CITY, Sept. 10. Owing to the stormy weather, which prevailed the last two days of the carnival and street fair, the enterprise was not the financial suc cess that it was expected to be. The at tempt on the President's life, also had a bad effect on the attendance, Frlday and Saturday. On Friday, there were 6S2 paid admissions through the main gate, and 419 Into the midway; Saturday, there were 827 paid admissions at the main gate, and 659 into the midway, as a result Mr. Jabour had to put up about $500 to make good his guarantee to the carnival committee. The show was & success In every other particular. WHAT SHALL WE HAVE FOR DE3- SERTt This question arises In tho family every day. Let us answer It today. Try Jell-O, a de llcious and healthful dessert. Prepared In tiro minutes. No boiling;! no Baking: simply add boiling water and set to cooL. Flavors; Lemon. Orange, Raspberry and Strawberry. Gat a. package at your grocer's today. 10c, DAILY METEOROLOGICAL REPORT. PORTLAND, Sept. 10. Maximum tempera ture, 73; minimum temperature. 44; river read ing at 11 A. M., 4.1 feat; change In 24 hours, ri&e .2 foot; total precipitation, 5 P. M. to 5 P. JL, none; total precipitation since Septem ber 1, 1001, .22 inch: normal precipitation since September 1. 1001, .39 Inch; deficiency, .17 inch; total sunshine September 0, 10:24; pos sible sunshine, 12.54. PACIFIC COAST WEATHER. K tf Wind. 8 B? " "3 2. 5" 3 P o o TJ o2 S C CO o 33 ? STATIONS. Astoria Baker City Bismarck Boise Eureka Helena Kamlcops, B. C. Ncah Bay Pocatello Portland Red Bluff Roseburg Sacramento Salt Lake San Francisco .. Spokane Seattle Walla Walla ... 0.00 12NWPt. cloudy 0.00 0.01 10.00 iz r uiear B Rain BIN Clear 0.00 uiNWJPt. cloudy BlSWIClnuflv OOlClmlClear IPt. cloudy uicar Clear Pt. cloudy Pk. cloudy Clear Clear Clear Clear CAfnr Clear Light. Trace. WEATHER CONDITIONS. Except light showers in Northeast Washing ton, no rain nas fallen in the Pacific Coast States during the last 24 hours. East of the Cascade Mountains It Is slightly cooler than usual at this season of the year, but west of this range the temperatures are about normal, or slightly above normal. A light frost occurred Tuesday morning at Boise, Idaho. The Indications are for increasing cloudiness In this district Wednesday, with showers near the coast. WEATHER FORECASTS. Portland and vicinity Partly cloudy. Varia ble winds. Western Oregon Partly cloudy, with possible showers near coast. Variable winds. Western Washington Partly cloudy, with showers near coast. Winds shifting to south erly. Eastern Oregon, Eastern Washington and Idaho Fair. Variable winds. EDWARD A. BEALS. Forecast Official. NEW TODAY. MORTGAGE LOANS On Improved city and farm property, at lowest current rates. Building loans. Installment loans. UacMastor & Blrrftll. 311 Worccstar bUc Mortgage Loans On improved city and farm property. R. LIVINGSTONE. 22 Star St. $500.00 to $50,000.00 For loans on molt favorable terms. Municipal and school bonds purchased. W. H. Fear; 306-7 Failinc building. PIANO STUDIO The Piano Studio of Prof. LouW H. Boll during the coming musical year will bo in third-floor parlors of the Auditorium. Third street. Studio will open Monday, Sept. 1C MONEY TO LOAN On farm, city or suburban property; low rate of interest; no commission; guaranteed abstracts of title of real estate In Multnomah and adjoining counties. SECURITY ABSTRACT & TRUST CO.. 3 Chamber of Commerce. NEHALEM TIMBER LANDS 25,000 acres for sale, situated on the waters of the Nehalem. all within a radius of 15 miles of Vernonla. Actual buyers address Campbell & Prlngle. at Vernonla, Or., or at 373 East Burnside St., Portland. BUTTER BUTTER Best creamery butter 5055c Good creamery butter 45050c Dairy butter 4045c Country butter 30tJ3.V Carload best ham In the city. He lb. Picnic ham llc lb. Breakfast bacon 12H15c lb. Fresh ranch eggs 2 doz. 45c Remember, Saturday Is chicken day. Chick ens cheaper than ever. LA GRANDE CREAMERY, 2C4 TamhllL 0.00 0.00 12 AV 0.00 121 W 0.001 IN o.oof IS O.OOt NW 0.00 'JS 0.00 10 W 0.00 28 W 0.00 N o.oo ra 0.00 S CLASSIFIED AD. RATES "Rooms," "Rooms and Board." "Honsekaep Inr Rooms." "Situations "Wanted." 13 words o less. 13 cents; 10 to 20 words, 20 cents; 21 to 23 words, 25 cents. tc No discount for addl. tional insertions. UNDER ALL OTHER HEADS cept "New Today," 30 cents for 15 words or less; 10 to M words. 40 cents; 21 to 25 words. SO cents, ate first Insertion. Each additional Insertion n half; no further discount under on month. "NEW TODAY" (gauge measur agate). 11 cents per line, first Insertion; 10 cents pet Una for each additional insertion. ANSWERS TO ADVERTISEMENTS, ad dressed care The Oregonian ai4 left at this of fice, should always be Inclosed In sealed envel opes. No stamp Is required on such letters. The Oregonian will not be responsible for er rors la advertisements taken through the tele phone. AMUSEMENTS- FREDERICKSBURG MUSIC HALL SEVENTH AND ALDER STREETS REOPENED. REOPENED. CARBERRY AND STANTON. Operatic Duetiats. PEARL WARD. A Coming Favorite. ROUSELLC AND HOWARD. Famous Horizontal Bar Experts. RUTH LA CROIX. The Popular Artist. HATTTE WARD and MAE LEONDOIw Portland's Favorites. I AUCTION SALES TODAY. At 10 A. M.. at 182 First St. J. T. Wilson, auctioneer. 31EETIXG NOTICES. WASHINGTON CHAPTER. NO. IS. R. A. M., will meet In regular convocation this (Wednesday) evenlns at 7:30. Work. In P. M, and M. E. M. degrees. C. E. MILLER, Seo. CORINTHIAN CHAPTER. NO. 54, O. E. S. Regular communication thii (Wednesday) evening at ij o'clock. Social. MYRA H. GLINES. Sec. 1 DIED. WHEELER In this city, Sept. 8. infant daughter of Mr. and Mrs. C. H. Wheeler, aged 2 months. Funeral took place from res idence. Sent. 0, 2 P. M. Interment River- vIpw cemetery. FDXER.Ui NOTICES. CRAIG At hl3 home, at Lents. Sept. 0, IDOL B W. Craig, aged 33 yeare. Funeral wlU take placo today at 2 P. M. from the church at Lents, under the auspices of Mount Scots Tent, No. 47, K. O. T. M. Friends invited. VINTON The funeral services of Carrie J, Vinton, who died In this city, Sept. 8. 1001, will be held at the residence ot her mother, Mrs. Mary Hendrew. 345 North 17th at., to day at 2 P. M. Friends invited. Services at the grave private. FAVERO In this city. Sept. 0, 1001. at S Second St.. Lewis Favero, aged 05 years. Funeral services will bo held Friday. Sept. 13, at 2 P. M., at Flnley. Kimball & Co.'- chapol. cor. Third and Jefferson sts. Friend Invited. - EDTVAKD HOLMAN, Undertaker. 4 til and Yamhill nta. Itena Stlnnon, lady aaaiatant. Both, phones No. COT. Flnley, Kimball fc Co.. Undertakers, Lady assistant. 2T5 Third t. Tel. O. NEW TODAY. THE LATEST NEWS I HAVE RECEIVED tho finest assortment ot domestic and Im ported special selections of Fall and Winter suitings, overcoatings and trouserings, and offer to sell garments at suitable prices. J, Reltsele. 350 Alder, near Park. FOR SALE REAL ESTATE. FOR SALE TO WHOM IT MAY CONCERN -Take notice, that Highland Place, better known as Halght's Orchard, on Union ave. this side of the stores, fire engine house, etc.. Is now platted. These lots have large, choice bearing fruit trees, and every one of thewo beautiful lots are going to be sold for $175 and up. Every Investor, homeseeker or spec ulator, in fact, everybody, Is cordially In vited to see this property. Do not despHo the day of small things. True, our prices ore small, but this property ranks with tho very best. It has all ot the requisites for healthful and beautiful home sites, anions which are ventilation, drainage and view. The Highland School, with the view It af fords Its scholars, ought to produce some great artists. This property la cose to flro protection and plenty ot water. It Is In a choice neighborhood, and situated only 15 minutes from Third and Washington sts. It la on Union-avenue car line; also 2V blocks from Williams-avenue cars. The title, la perfect: a general warranty deed given and an abstract will be furnished every pur chaser. For further particulars see E. J. Halght & Co.. 212 Abington. building. Third st.. between Washington and Stark sts. THESE ARE THE BEST BUYS ON THE market. Investigate. Fractional lot. with 5-room house, on 10th st.. near Hall, for $1200; West Side. Modern 7-room houso and lot. 045 Bel mont St.; very cheap. See thte. $430 will buy two nice lota In Sunnyside. $1750 ti-room house and lot 50x100, on H. 14th st., between Burnside and Couch. $1050 8-room modern house. lot 50x125. In Alblna. streets improved and sewerage. $300 will buy two lots at Highland. Three very choice lots on E. 12th St.. bet. Morrison and Ankeny car line; prices $000 $1150, corner $1350. Lot OGxlCO feet and modern house, near West ave.; price $2500. 10-acre home, with 5-room house, barn and orchard; one mile from electric ear line; prico $800. F. BRESKE. Room 444 Sherlock bldg.. 3d St., near Oak. BARGAIN COUNTER $250 each 2 lots. Walte's Cloverdole. $350 each 1 lots. Piedmont. $300 each 3 lots. North Albino. $250 each 1 lot?. Riverside Add. $200 each I lots. Park Add. $100 each 7 lots. Good Morning. $20O each lots. Arbor Lodge. $50 each 4 lots, 25x100, Peninsular Add. $250 each 5 lots. Willamette. H. G. SIBRAY, 403 Marquam. 165 ACRES. 100 IN CULTIVATION: FINE orchard, elegant buildings, stock machinery, crop included; 11 miles from Portland; model place; $85 acre. 320 acres. 175 In cultivation. 12 acres hops. 30 prunes, apple orchard, run ning water; $22.50 per acre. 40 acres. 15 in cultivation, good 6-room house, barn, flno orchard, good spring; half price; $1500. Charleson. & Staub, 245 Morrison, room 12 Phono Red 2971. IRVINGTON ACREAGE TRACTS WB CAN sell you 5-acro tracts at $350 to $400; easy terms; only 11 miles from Irving ton; 4 miles from the center of Portland. Come quick; they won't last long. Grinds taff & Blaln, 240 Stark st. IRVINGTON Beautiful building- lot on 13th, near Tillamook, 505. Lot on. Tillamook, near 10th. $085. All city Improvements. Sea owner, 620 Marquam blk. Phone Grant 021. REAL BARGAIN $7000 MACADAM ROAD house and large grounds; cost $20,000; furni ture goes with place. Burnett, Wasson &. Co., 230 Sherlock building. FOR SALE ONE 5 ACRES, SET TO FRUITS. One 10 acres, 4 of it et to bearing prunes, remainder in grass. Inquire at Clackamas Station for John Mohr. FOR SALE OR TRADE MY RESIDENCE at Mount Tabor; modern 0-room house, with, barn; elegant grounds: terms easy. C. H. Thompson. 128 3d st. TWO ACRES AND GOOD HOUSE NEAR Hillsdale Station; choice lot In Lone Fir cemetery. F. K. Arnold, room 2 Chamber of Commerce. A PROFITABLE INVESTMENT THAT block. 17th and Overton: earning 0 per cent net. 718 Chamber Commerce. $4500 MODERN HOUSE JUST COMPLETED. Gllsan St.. near 23d; good value. Hart Land Co.. 107 Sherlock building. HAVETWO UNUSUALLY GOOD BARGAINS In West Side homes; other property aheap. LaBarre, 131 Third. 10 ACRES PRUNES: ALSO LAND. IF wanted. N 17. care Oregonian. TIMBER LAND FOR SALE. WE HAVE TIMBER LAND FOR SALE IN small and large lots at very attractive prices. One 800-acre tract of fine cedar that must be eold quick. M. Billings. 321 Morrison st. FOR SALE FARMS. FOR SALE DESIRABLE FRUIT FARM partly within city limits of Portland; 4 acres, all well fenced: 30 acres In chotco bearing fruit trees; well watered; good 10 room house, fine barn. 32xC0. first-class fruit dryer, packing-house, blacksmith, shop, etc., will yield $3000 to $4000 per year; half mlla from street-car; Ideal home and profitable Investment. M. Billings. 321 Morrteon st. FARM. 8 MILES FROM COURTHOUSE; 25 acres, all cultivated; fine land; 2 acres or chard; 7-room house, barn, outbuildings, stock and Implements. 3T65. care Oregonian.