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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Sept. 17, 1901)
THE MOHNIKG OEEGONTAN, TUESDAY, SEPTEMBER 17, 1901. DECISION OF THE COURT Three judges uphold xock. wood primary election law. Declare the Morgan Direct Primary Act to Be Unconstitutional Dis cussion, of the Sroundn. The title of the case in which decision "was rendered yesterday is "William M. L,add et al. vs. Hanley Holmes, as Clerk of the County Court of the State of Ore gon for Multnomah County." The suit "was to restrain the County Clerk from proceeding to act under the provisions of H. B. No. 1SS, known as the .ock trood law, or of S. B. 191, known as the Morgan law. The former provided for direct primary conventions in counties of 50 000 population, and the latter for the regulation of primary elections in cities of 10,000 population, or over. To the com plant a demurrer was tiled on two grounds: First, an improper joinder of causes of suit, in that separate proceed ings should have heen instituted to con test the validity of each of the laws re ferred to in the coroplainti This ground, however, was not seriously urged, and the court was unable to see that it was 'well taken. Second, that the complaint did not state facts sufficient to consti tute a cause of suit This Involved the constitutional validity of each act, and Jto this the court directed Its attention. There was an argument for plaintiffs by Wallace McCamant and Edward Bing !ham, and an argument hj' George E. Chamberlain, District Attorney; and ChETles H. Carey and Charles E. Lrock 'wood, for the defendant, so far as Senate illl No. 191 is concerned, and by Charles H. Morgan, so far as House bill No. 1SS 5s concerned. The trial was before Judges George, Sears and Cleland, sitting in joint session. The opinion of the court was prepared by Judge George. After a preliminary statement of the toatter the opinion proceeds as follows: "The question, how far the Legisla ture can go in matters of Internal man ag ment of parties, has of recent years attracted considerable attention, although judicial decisions along the line of these acts are as yet somewhat scarce. It is Ihard to define the precise limits except 5n general principles. Reasonable regula- ftion of party action, throwing around each individual member safeguards for the exercise of his right as a member and pa. citizen elector, will probably be sus- talned, even if somewhat novel, as yet, win legislation. If the elective franchise "ibecome so impaired thrdugh abuses in j-arry action as to deprive the great ma 2:rity of voters of all right of selection of candidates to be voted for and leaTes 4o them, only the power of ratification of flections not made by them, and if the -practical management of parties is such "hat the substance of the rights of the people be usurped and the masses left cnly the shadow, then it would seem that there must be inherent power in the Legislature to afford relief; and doubtless the procedure of "political parties may be regulated for the public welfare to the extent that the great body of the peo ple constituting these political parties be siot deprived of the right of selection of candidates upon which the right of fran chise is to be ultimately exercised in a general election. . . "While this is a representative Gov ernment and not a pure democracy, and laws are framed not by the people direct, but by representatives elected there for, yet there exists a tendency, greater -or less, towards more di rect legislation and action by the people collectively, but whether this is wise or not is for the Legislature and not for the judiciary to determine. The courts can only interfere when vest- teats of the people are unlawfully encroached. So, too, we note a .modern tendency in party matters to attempt to do away with represesentative conven tional systems of making party nomina tions, and towards direct nominations in primary elections by members of a party. Legislation to this extent, how ever. Is, we 'understand, only in force in Minnesota exceptlng, however, state offices), but care has now been taken to eliminate the objection that "by it one party can control the nominations of an other party. There the voter calls now lor his party ballot. "A vital defect in the Morgan bill, in our opinion, is the feature of the law which puts it out of the power of a po litical party Itself to fully control, in whole or in part, its nominative action, but permits members of some opposing party, or no party at all, to secretly par ticipate in its action and control it, either In whole or in part The Morgan bill prohibits county nominations or plat forms, ia convention or otherwise, ex cept at primary election, and provides that the official primary ballot used by the elector in the one primary election of all parties shall contain all the aiames of all party candidates, and all the propositions of party principle or jpolicy of each party. Each elector takes this ticket of all parties into his booth to vote therefrom in secret. Under this law, for illustration, a sufficient number of Republicans can vote any part of the Democratic nomination ticket, so as to control, or at least participate in the con trol of the nominations of the Demo cratic party, and can vote one way or the other on some proposition of Demo cratic policy, so as to make it appear or aiot appear to be the principle, policy or proposition of that party, or can vote or one set of factional candidates for position as managers or committeemen of the Democratic party, so as to foist on to that party a set of managers or committeemen against the wish of the majority of the members of that party and subject the real majority In the party to punishment If they afterwards promul gate from the stump or in the press any of the principles or propositions x-oted down. "We are forced to the conclusion that this is beyond the pale of constitu tional legislation. "Such are the provisions of this 1)111 (Morgan law), affecting all parties virtu ally being destructive of control of any party by its membership and tending di rectly to the obliteration of all party or ganization. It is contended, however, that voters will not be likely to conspire to gether to secretly control matters in par ties of which they are not members. Pos sibly this might not follow in practice, but is not any law constitutionally defect ive that allows or permits such to be done under forms of law? The law gives these outsiders legal opportunity and power so to do, and furnishes no relief if they do, and 60 far as the likelihood of it? being done, all know that almost anything may be expected whenever any political ad vantage Is to be secured thereby. Be sides, conspiracies of great numbers are not essential to the accomplishment of such results! a very few votes from out siders and even a single vote will deter mine a matter when closely balanced. It is, however, urged as one of the Teasons w hy such action will not likely occur, the direction which the law makes, that there be put at the head of the ticket the words: 'The voter can vote but one ticket on this ballot- Votes must be confined to the column containing the ticket of the party with which the voter ordinarily affiliates But the voter can vote all of either ticket and there is no test when so voting, and he may even split up his ticket and vota a majority of the ticket of the opposing part', aad have that majority ticket .ountted under the law. and certain it Is that such control of the nominations of one party by the jnembers of another is very easy in any special election, as, for instance, to nil a vacancy in the State SpnatP or House of Representatives, and of tten might operate in particular offices In general elections. "It Is. however, contended that this same feature has existed for the last 10 3 cars In our state primary law, and has worked well, but there is no similarity. Under the existing primary law an elector openly visits some one of the party pri mary elections, as has always been thb case from time immemorial. 3ry that open action he affiliates himself with that party. The party judges have, however, more or less to say if he has voted at any other party primary or is otherwise fraud ulently offering his votte. By thus af filiating himself with that party he is but exercising his privilege, and is sure of a cordi&l welcome in any party, es peclally where there is a shortage of votes. This situation is vastly different from tfhat where a law makes it obliga tory on one party to submit its nomina tions or party policies to a secret ballot of all voters of all parties or of no party at all without any manifestation of party affiliatlon on the part of the voter or test of party affiliation whatsoever. "Under the Lockwood act, and likewise under the present? Minnesota act, a voter is to signify his affiliation with a party by some outward manifestation, either that he is a member or proposes to be a member 6f the party whose official ballot he desires to use in voting. This open expression of the voter's affiliation with a party, followed by receiving for use In voting only the ballot of that party, Is an entirely different thing from being quietly given no questions being asked two, three or four party ballots to use from indiscriminately, at pleasure. One is necessarily an open expression of affilia tion or a desire to act with a certain party; the other is a quiet and 'secret slipping into a booth, possibly fraudu lently, to vote candidates onto one party ticket with a privilege of claiming mem bership in any orher party thereafter, oi no party, and yet given power to control any party, at his own secret will, with no legal means of detection. "Neither can a voter in this party mat ter rightly claim a complete cloak of secrecy of voting. The law may well ac. oord secrecy to a voter at a general elec tion for both public and private reasons, where all are equally entitled to vote, or for like reasons accord secrecy of selection of candidates for his own party; but this Is a different thing from claiming secrecy in selecting party tickets or parts thereof, where no one not affiliating, nor proposing to act with the party should vote in or control that party either in whole or in part. Republicans should make their own party nominations, and Democrats should make theirs, and all other parties should enjoy the same rights of self-protection and self-assertion. The Morgan act pro vides for party nominations to office and party aeclarations of principles and party selection of officers, committees and man. agers, by everybody under arbitrary law, with absolutely no means of ascertaining whether the result is the will of the party or not. No law can say what vote a citi zen shall cast other than as he wills to cast it, and no law can say what nomina tion to office an aggregation of citizens constituting a party shall make, other than the members of that party. . . . As to the Lockwood Law. "It seems to be conceded that the Lock wood act (S. B. 91) went through the House after the passage of the Morgan act, and it was contended in the argu ment that it was the last expression of the legislative will. It seems, however, that neither was signed by the Governor, but both were filed by him at the same time. Having arrived at the conclusion that the Morgan act is invalid, it is, how ever, unnecessary to pass upon this phase." The opinion deems the application of the act to cities of 10,000 or more popula tion "as shown by the last state or Fed eral census,'' as reasonable and also suf ficently clear as meaning the census next preceding the election when the law would be applied, and not merely to the census of 1820. The objection that the act violates section 23, article IV, of the constitution, prohibiting the passing of special or local laws for the punishment of misdemeanors. Is discussed and dis missed. Then the test applied by the Lockwood act to a man's right to a party ballot is thus taken up: "The Lockwood bill test of a man's right to a party ballot is, first, whether he affiliates with that party. If so, all right. This Is reasonable. If, however, the man does not affiliate with that party the ques tion arises whether such are his inten tions from that time on to the election that is to result If "so, well and good. This appears reasonable and valid so far as we can see. If the regulation imposed be one not excluding, in itself, the voter, but is a reasonable regulation, essential to a proper election procedure in due or der, a mere rule of election, procedure as it were, we see no reason why it may not be applied even In 'general elections' under section S, article H, of our consti tution. In joint party primary gatherings, even if they be deemed to arise to the grade of a 'general election,' the keep ing separate of each party, and the pro tection from each of the Improper con duct of the members of the other, would Justify this law, for, under our consti tution, under the foregoing section pre viously quoted, it is made the duty of our Legislature to enact all laws necessary to protect elections. The Lockwood law does not undertake to provide the 'quali fication for voters' at primaries of the several parties In any unconstitutional sense; It simply makes a necessary declar ation from the very nature of the pro ceeding, namely and practically, that only party members can participate In party Internal selections, leaving the qualifica tions of those who can vote at all just as the constitution and the law has al ready provided. The underlying true democratic principle of all such laws as this must certainly be to permit only the members of the party associating themselves together as a party to have a deciding voice in that party, and then that .the unfettered will of a majority of the members be controlling, and construct from the bottom upwards rather than manage from the top downwards. "It is sought by the plaintiff in this case to draw a distinction between an 'election' under the Lockwood bill and a primary 'election under our existing law of 1S91, to the effect that the Lockwood act selection of delegates would be an "election authorized by law under our constitution, while the election under our former primary law was merely an elec tion authorized by party machinery and regulated by laws under the police power of the state the point sought to be made in this being that plaintiffs 'McKercher and Bain are, when tested by party affili ation, barred under the Lockwood act from voting, and therefore are each un constitutionally barred from voting at an 'election authorized by law.' But is not the primary election under the act of 1891 an 'election authorized by law' as much so in principle, though not quite so much in degree? And is not the present objection practically as applicable to the old existing primary law? Mr. McKercher, if asserting himself to be a Prohibition ist, and Mr. Bain, If asserting himself to belong to no party at all, would and could be each barred out under the ex isting primary law from voting, and why can they not equally be barred out by pro visions in the Lockwood law? "It occurs to us that the contention of the plaintiffs overlooks the fact that the so-called elections under the Lockwood act, equally with the so-called elections under the existing primary lawt is only a party election, or a party nomination, and not an 'election within the meaning of our constitution. In our opinion, our for mer primary law and the Lockwood law are equally free from the sound criticism plaintiffs urge against the Morgan act, namely, that other than party members are admitted to party primaries. Outsid ers, like Mr. McKerchner and Mr. Bain, have no Tight to complain. The conten tion of plaintiffs in this particular, under their view of the Oregon constitution, we fear, proves too much, and logically goes further than they seem to think, and really extends to the Invalidity of the present primary law In Oregon. Mc Kercher and Bain can, according to sec tion 3 of the Lockwood act, have their full right to nominate, not In primaries of parties, but through 'assemblages of electors or as 'individual electors,' as are now otherwise by the existing laws provided. They are not disfranchised nor deprived of voting for nominations, nor to make nominations, and should they de sire to affiliate with any party polling over 3 per cent of the electors, they may do so equally with any and all other good citizens, and enjoy all the privileges of members of parties polling that percent age. . . . "It is also claimed that this act vio lates section 20, article 1 of our constitu tion, providing for equality of privileges and immunities of citizens In discrimi nating against the smaller political par ties, and members of no party affiliation whatever, principally In not allowing any party nomination unless the party amounts to enough to entitle It to make nominations under the Australian ballot law. This quarrel also must be with ex isting and prior laws of this state whose validity have never before been attacked. Such classification of parties has been, we believe, generally permitted as a rea sonable regulation of the privilege of a party to nominate and have Its nomina tions rank on the official ballot as that of a party. As party action can only be ex ercised by some reasonable number of vot ers acting together, and, as Chief Justice Faxson, In 146 Pa. State, 542, said: 'Three persons might claim to be a political party Just as the three tailors of Tooley street assumed to be "the people of Eng land." ' It follows, then, that If an offi cial ballot Is to be used, party nomina tions must be regulated In some way, oth erwise the scheme would be Impracticable and the official ballot become the size of a blanket. The Lockwood act follows the Australian ballot law in this particular and prescribes the same law to all per sons placed In like classes or circum stances, and all may enjoy the same privi leges who bring themselves within the terms, and for these and reasons herein after given, we fall to see that this objec tion is well taken. "It is also claimed that the act is ille gal In respect to Imposing upon the county the expense of this general primary of all parties. Here, again, we find prac tically the same feature In our general law and unquestioned to this time, for the expense of our city election is now borne by the county. This Is a matter relating ultimately to county affairs a matter of general Interest, not merely local in this county. It Is true that heretofore the expenses of primary elections have rested upon the parties themselves, and this act extends the county election machinery over them and puts the expense on the county. Mr. McKercher, one of the plaintiffs, who Is a member of the Prohi bitionist party, which at the last election did not poll the necessary 3 per cent of the entire vote cast. Is denied by this Lockwood act, the same as by the Aus tralian ballot act, the rght to participate In a Prohibition primary that can put its nominations on the official ballot as that of a party, and he and Mr. Bain, another plaintiff, who affiliates with no party at all, are each taxpayers, and they each complain herein that It Is unconstitu tional to tax them for general and pri mary elections. Our attention Is cited to Simon vs. Northup, 27th Oregon, 487. There a distinction was made between ex isting bonded Indebtedness of the City of Portland and the future expense In the matter of bridges in the city. No exist ing debt, however, is being sholudered upon the county by this law. It, as the bridge matter, simply provides for the operating expenses of the primary election to be paid by the county. This seems to be a matter really concerning the county at large as much as any city elec tion under our present law, where city ballots, costs and city election expense are permitted to be laid upon the county at large. Expenses are a necessary evil, and must be borne for the public good by the community in general, or by a particular section thereof. "(Cook vs. The Port of 'Portland, 20th Oregon, 5S0.) "The plaintiff complains that under the Lockwood act the Prohibitionist must en dure taxation in order that the state may assume the expense of the primaries of the Republican and Democratic parties. The lawapplles only to parties polling such votes as are at all likely to enable them to carry the election following, or at least to be a deciding factor In deter mining the general result. A Prohibition ist belonging to a less than a 3 per cent party in the county, and therefore not likely to decide the result at the succeed ing election, Is, notwithstanding, equally interested In good government, and as a good citizen is equally concerned that all the best elements in any party likely to dominate shall control such dominant party and through It the resulting election of public officers, and that these dominant party tickets be uncontamlnated by party fraud. A false primary may make a gen eral election a farce, the general election being merely a succeeding ratification of the fraud at the primaries, party spirit being relied on to carry It through. In such cases the effect on the public Is just the same as though the matter of selec tion had stopped with the primaries, the public money spent on the general elec tion by the taxpayer being the same as wasted. It can hardly be claimed that the general taxpayer and citizen Inter ested in the selection of good public offi cials are not financially concerned, as citizens or taxpayers, In the lawful, or derly and fair management of primaries of the leading parties who are to furnish the public officials of the county. "It must be remembered that these laws are not passed purely for the sake of the Republican or the Democratic or any other party, but because the regulation of these large parties by public law Is deemed for the general welfare of all the people. All good government Is expensive on taxpayers at best. Perfection that Is, complete and exact justice In the case of each and every citizen taxpayer Is never entirely practicable under general laws. Many, very many, who can't vote at all are and must be taxed to support good government. While the aim of the law Is toward perfect equality, yet burdens can not always be exactly and proportion ately distributed without the possibility of theoretical or practical unfairness." The decision concludes as follows: "This, we think, completes the legal points urged against the constitutionality of the law known as the Lockwood act: With its wisdom or purpose, we have BREAD DYSPEPSIA. The Digesting Element Left Ont. Bread dyspepsia Is common. It affects the bowels because white bread is nearly all starch, and starch is digested In the Intestines, not In the stomach proper. Up under the shell of the wheat berry Nature has provided a curious deposit which is turned Into diastase when it is subjected to the saliva and to the pan creatic Juices in the human Intestines. This diastase is absolutely necessary to digest starch and turn It Into grape-sugar, which Is the next form; but that part of the wheat berry makes dark flour, and the modern miller cannot readily sell dark flour, so nature's valuable dlgestor is. thrown out and the human system must handle the starch as best It can, without the help that Nature Intended. Small wonder that appendicitis, peri tonitis, constipation, and all sorts of trou ble exist, when we go so contrary to Na ture's law. The food experts that per fected Grape-Nuts Food, knowing these facts, made use, In their experiments, of the entire wheat and barley, Including all the parts, and subjected them to moist ure, and long-continued warmth, which allows time and the proper conditions for developing the diastase, outside of the hu man body. In this way the starchy part Is trans formed into grape-sugar in a perfectly natufal manner, without the use pf chem icals or any outside Ingredients. The lit tle sparkling crystals of grape-sugar can be seen on the pieces of Grape-Nuts. This food therefore Is naturally pre-dlgested and its use In place of bread will quickly correct the troubles that have been brought about by the too free use of starch In the food, and that Is very com mon In the human race today. The effect of eating Grape-Nuts 10 days or two weeks and the discontinuance of ordinary white bread, Is very marked. The user will gain rapidly In strength and physical and mental health. nothing to do. Unless It appears that the act In question Is contrary to constitu tional privileges we must declare It to be a law. The primary system Is at the head of our political system, and If law ful safeguards are thrown around to pre vent abuse, It Is our duty to declare the law) Whenever the County Clerk may be proposing to operate under the Mor gan act. he should be restrained. As to the provisions of the Lockwood act, It Is our opinion that the restraint on the Clerk should be denied." IN THE SEVERAL COURTS. Captain Shntton'a Answer to Colfelt's Suit for Damage. In the damage suit of Charles Colfelt against W. Shatton, master of the steam ship Oceano, an answer was filed yes terday by Williams, Wood & LInthlcum, attorneys for the defendant. The facts In the case as detailed In the answer are that on August 30, at 10:30 P. M., Cap tain Shatton came aboard of his vessel, which was lying at the North Pacific Lumber Company's wharf, and as he did so saw two men emerging from the fore castle carrying a bag of clothing and a pair of sea boots. He called and told them to leave the property on the ship, but Instead of doing so the men jumped over the rail to the wharf. Captain Shat ton followed and demanded the return of the clothing to the vessel, whereupon Colfelt pulled a revolver, used abusive language .and threatened to kill the mas ter. He called his officers and crew, who surrounded Colfelt and the other per son, and police officers were sent for. When they arrived the circumstances were explained and Colfelt was taken to the City v Jail and the captain was told to report at the Municipal Court the fol lowing day. The act of causing the ar rest of Colfelt, it Is alleged, was done without malice and It is chafged that he had no lawful cause or object to be on the vessel, but was there without permis sion, and the defendant was justified in doing what he did, and Colfelt suffered no damage. Captain Shatton admits that he swore to an information against Colfelt for unlawfully boarding a vessel, and avers that it was done in good faith and upon the advice of the District Attorney. It is also acknowledged that the accused was discharged after a hearing by Acting Police Judge McDevItt. The captain, up on information and belief, denies that Colfelt has always borne a good reputa tion, and asserts that he does not know that the fact of the arrest was exten sively advertised. He denies that Colfelt was injured In his good name and Is en titled to $5020 damages, or any other sum. and asks that the complaint be dis missed. United States Court of Appeals. The United States Circuit Court of Ap peals convened In the United States Court room In this city at 10 A. M. yes terday, Judges Gilbert, Ross and Morrow on the bench and Clerk Monckton In at tendance. The four cases set for hearing were continued to the foot of the cal endar for the October term, to be held In San Francisco. In the' case of P. H. Anderson, appel lant, vs. O. Jose Comptols, "appellee, In the matter of the contempt of Dudley Dubose, the following decision was ren dered by the court: "Upon a rehearing of this matter and a consideration of the additional testimony lntrdduced, we are of the opinion that the findings of fact and judgment hereto fore entered herein are In all things cor rect, and are hereby reaffirmed and the United States Marshal for the Northern District of California Is hereby directed to execute the judgment heretofore en tered herein forthwith." This is one of the cases arising out of the Noyes-McKenzIe scandal, In which Judge Noyes, of the United States Court for the District of Alaska, McKenzle, a receiver appointed by the court, and Dud ley Dubose, an attorney, were Implicated. McKenzle was sent to prison for contempt of court and was pardoned by President McKInley. Dubose advised O. Jose Comp tols to disregard, and disobey a writ of supersedeas of the Court of Appeals, for which he was arrested and sentenced to imprisonment in the County Jail of Ala meda County, California, for six months. After serving two months of this sen tence Dubose applied for a rehearing and was admitted to ball pending the rehear ing. The above decision of the court de nies the rehearing and directs the rear rest of Dubose and he will have to serve the remainder of his term. The court then adjourned out of respect to the memory of the late President. Judges Ross and Morrow and Clerk Monckton left over the Southern Pacific for San Francisco last night. Judge Gil bert will leave for San Francisco about the 26th. Court Notes. The following cases were set for trial by Judge Frazer yesterday on September 27: Bronson vs. Brown, Hanson vs. Han son, Conlln vs. Conlln. The will of Henry M. Dlttmer, deceased, was admitted to probate yesterday In the County Court. Katherlne Dlttmer, the wife, Is bequeathed all of the estate, con sisting" of $500 In cash, and she Is named as executrix. The escheat proceeding of the State of Oregon, In the matter of the estate of a. W. Simmons, deceased, was called to be set for trial by Judge Frazer yesterday, but no move was made. The attorneys interested were not present. Rosco Bridges has filed an answer to the suit of his wife, Margaret C. Bridges, for a divorce, denying that he struck her and that he did not support her. He al leges that he provided her with a home, and asserts that she deserted him July 9. 1900. He asks for the custody of their child. In the suit of L. L. Langley against J. E. Culllson & Co., grain and stock brokers, who recently failed, a demurrer to the complaint was overruled by Judge Frazer yesterday. Langley sues on as signed claims, as follows: Leo Fried, 5S576; N. Bourgeois, $1736; J. C. Robinson, $592; W. P. Adams, $234. The demurrer was on the ground that the suit was lm properly brought as an equity proceeding, and that the only remedy against Culllson & Co. was In an action at law. This was an attempt to have the case tried before a. jury, which failed. GOLDEN WEST PREMIUMS. Every Saturday night during the carni val, Closset & Devers will make a dis tribution of cash and other prizes to those who use "Devers Golden West" goods. All "Devers Golden West" goods contain coupons, and everybody present ing coupons at their booth will partici pate In this weekly cash and other prize distribution. Save your "Devers (Tolden West" coupons. Glucose Sugar Plant Resumes. PEORIA, 111., Sept. 16. The plant of the Glucose Sugar Refining Company, which was closed down a week ago, as it was then supposed Indefinitely, will start up today with a complement of 1000 men With a steady increase in Its production for the past 40 years, Cook's Imperial Ex tra Dry Champagne now takes $he lead. NEW TODAY. FINE FARM FOR SALE On the Section Line road (which Is one of the finest roads out of Portland), only 9 miles from town; a fine farm of 32 ACRES, all In cul tivation, with a good house of 8 rooms, fine barn, wind mill, abundance of fruit; Improve ments alone cost over $7000. For sale at $7500, on terms, which may be made with Tlie Title Guarantee & Trnst Co., 6 and 7 Chamber of Commerce, Ground Floor, Fourth-Street Side. FOR TODAY Ripe tomatoes, for canning. 25c box; pears, Bartlett, 00c box; good cooking apples, 65c box; big watermelons, 10c each; cucumbers, by the sack, for pickling:; bulk lard, 10c lb; No. 1 hams. 14c lb.; bacon, 15c lb; No. 1 butter, 45c roll. Oregon Cash Grocery, 232-234. N. 14th, THOROUGH WORK, SUPERIOR METHODS, are characteristic of our school. Individual or class Instruction. Our teaching de velops self-reliant thinkers, who succeed in life as business men and women. Stead ily gaining In public esteem for 35 years, our graduates find ready employment, as bookkeepers and stenographers, throughout the Pacific Northwest. Students ad mitted at any time. Send for catalogue, or call at the college. Park and Washington. A. P. ARMSTRONG, LL. B PRINCIPAL : Board of Directors D. SOLIS COHEN - - D. P. THOMPSON, PRESIDENT - - DAVID M. DUNNE - (MdMZSMy YAMHILL AND ELEVENTH STS., PORTLAND, OR. THOROUGHNESS Is the keynote of the Holmes method. Each student Is the object of special attention. To take earnest boys and girls and make of them self-reliant business men and women is the work the Holme3 School" has been doing, with gratifying success, for fourteen years. SEND FOR ILLUSTRATED CATALOGUE. fulfill rSMSvil WBBHRr DAILY METEOROLOGICAL UEEORT. PORTLAND, Sept. 10. 8 P. M. Maximum temperature, 70; minimum temperature, 02; river reading at 11 A. M., 3.9 feet; change In the part 24 hours, 0.1 foot; total precipitation, 5 P. M. to 5 P. M., 0.00; total precipitation since Sept. 1, 1001. 0.43 inch; normal precipita tion since Sept. 1, 1001, 0.70 inch; deficiency, 0.27 inch; total sunshine Sept. 10, 12:30; pos sible sunshine Sept. 15, 12:30. WEATHER CONDITIONS. No rain has fallen in the Rocky Mountain or Pacific Coast States during the last 24 hours, and, except that it is warmer in Western Ore gon, the changes in temperature have been small and unimportant. Frosts occurred generally throughout Eastern Oregon, Eastern Washington and Idaho Mon day morning, but they were not heavy enough to do any damage of consequence. The indications are for fair weather In this district Tuesday, with probably light frosts again in the early morning east of the Cas cade Mountains. It will bo cooler Tuesday afternoon in AVcstern Oregon and warmer Tuesday afternoon in Idaho. WEATHER FORECASTS. Forecasts made at Portland for the 28 hours ending at midnight Tuesday, September 17: Portland and vicinity Fair; cooler during the afternoon; northerly winds. Western Oregon Fair; cooler during the afternoon; northerly winds. Western Washington Fair; northerly winds. Eastern Oregon and Southern Idaho Fair; probably light frost In early morning; warmer during the afternoon; southeast to northeast winds. Eastern Washington and Northern Idaho Fair; light frost in early, morning; warmer In south portion during the afternoon; southeast to northeast winds. . AMUSEMENTS. MARQUAM GRAND THEATER CALVIN HEILIG, Mgr. Week of September 10 Matinees Wednesday and Saturday at 2:15 P. M. MR. JAMES NEILL And his Incomparable Company, in a choice repertoire of high-class plays. Evening prices Entire lower tloor, $1; bal cony, first 6 rows. 75c; last 6 rows. COc; gal lery, first 2 rows, 35c; rear of first 2 rows, 23c. Boxes and loges, $7.50. Matinee prices Lower floor, except last 3 rows, 75c; last 3 rows, 50c; balcony, first C rows, 50c; last C rows, 25c. Boxes and loges, $5. CORD RAY'S THEATER Ono week, commencing Sunday, Sept. 15, and Saturday Matinee. THE SEASON'S BIG SUCCESS, CHAS. A. TAYLOR'S BEAUTIFUL SCENIC PRODUCTION, "DAUGHTER OF THE DIAMOND KING." "DAUGHTER OF THE DIAMOND KING." LA BELLE LAURETTE, supported by MR. W. A. WHITECAR. The famous Lenten Trio and other big vaudeville acts. Prices 25c, 50c, 75c. Seat3 now selling. METROPOLITAN THEATER Big Opening Attraction. Saturday Matinee. Week starting Sunday, September 15. Satur day Matinee. The Latest Musical Comedy Suc cess, "THE QUEEN OF HAYTI." And her 48 Ladles and Knights of Fun. Pretty girls. .Beautiful costumes. Special scenery. Bewitching music. 'Comical Climaxes. Elec trical effects. 10 Bic vaudeville novelties 10 Introducing the Famous Sherrah. Quartet: Kirk, the Musical Tramp; Grundy Trio; the Gillams; KRATON, the Marvelous Hoop Twirler. Usual prices. FREDERICKSBURG MUSIC HALL SEVENTH AND ALDER STREETS REOPENED. REOPENED. CARBERRY AND STANTON, Operatic Duet ists. PEARL WARD, a Coming Favorite. ROUSELLE AND HOWARD. Famous Aerial Bar Jugglers. HATTIE WARD. Portland's Favorite. MISS NELLIE BRUCE, the Clover Contortion Dancer. WIGGIN AND RAYMOND, direct from Chute's Theater. San Francl3ca ARNELDO. the' Equilibrist Marvel. NEW TODAY. $500.00 to $50,000.00 For loans on most favorable terms. Municipal and school bondB purchased. W. 306-7 Falling building. H. Fear, MORTGAGE LOANS On Portland real estate at lowest rates. Titles Insured. Abstracts furnished. Title Guarantee & Trust Co. 7 Chamber of Commerce. X. W. OGILBEE. ROOM 11, 145 FIRST ST. $1250 5 acres, quite all In cultivation, 5-room house, stable, chicken yard, etc.; fine cement ed cistern, orchard; 4 miles from Morrison street bridge, 3 blocks from Mount Scott elec tric line. One-half cash, balance time. ectricity in Your Home Works wonders, and has become invalu able. It lights, cooks, calls your serv ants, and keeps away the enterprising burglar. Any of these appliances will be arranged and fitted in your home by skilled electricians. Hotels are fitted with bells and Indicators, telephones, etc., at bed-rock prices. We have everything In the line of electrical supplies made. WESTERN ELECTRIC WORKS 305& WASHINGTON STREET, PORTLAND, OR. NEW TODAY. UNIYERSITY PARK The seat of the Columbia .University is situated on the high tableland between the Willamette and Columbia rivers and inside the city boundaries of Portland. It has city water, city schools, city telephone service, electric street lights, graded streets, sidewalks, boul evards, cycle paths, and street car service to any part of the city for a five-cent fare. It Is high, sightly and healthful. The owners of this property have decided to sell one-half of the lots for the purpose of inducing homebuiiders to lo cate there. Improvements and population bring values. The reserve blocks will not be sold till 1905 when we shall expect to get $500 each for our cheap est lots. While our reserve lots are advancing, your lots must also advance. The Lew is and Clsrk Centennial Ex position will surely be held at University Park. Factories that will give employment to thou sands of people will soon be built within easy walking dis tance of University Park. The better class of these people wilJ seek homes at University Park. You can double your money in a short time by In vesting It In University Park j lots. Buy now before the ad vance. Prices are from $100 to $225 per lot, one-tenth cash, balance $5 per month. No In terest on deferred payments. No taxes. Abstract free with every deed. Encourage your sons to invest in this property. It will teach them good habits and they will learn to save what they would otherwiseaquander. Call on or address UNIVERSITY LAND CO., Francis I. McKenna, Mgr. Room 403, Marquam BIdg., PORTLAND, OREGON. MORTGAGE LOANS On Improved city and farm property. R. LIVINGSTONE, 224 Stark st. CLASSIFIED AD. RATES "Rooms,' "Rooms and Board." "Housekeep ing Rooms. "Situations Wanted." 13 words or less. 13 cents; IS to 20 words, 20 cecta; 21 to 23 words. 23 cents, etc. No discount for addi tional Insertions. UNDER ALL OTHER HEADS except "New Today." 30 cents for 15 words or leas: lfl to 28 words. 40 cents; 21 to 25 words. BO cant, etc first Insertion. Each additional Insertion, ont baJf; no further discount under on month. "NEW TODAY" tgauge meaur again). 13 cents per line, first Insertion: 10 cent pef lln for each additional Insertion. ANSWERS TO ADVERTISEMENTS, ad dressed care The Oregonlan ar4 left at this of fice, should always be Inclosed In sealed envel opes. No stamp is required on such letters. The Oregonlan will not be responsible for er rors in advertisements taken through the telephone. AUCTION SALES TODAY. At Gllman'3 salesroom. 411 Washington st., at 10 A. M. S. L. N. Gllman. auctioneer. At 10 A. SI., at 140 East 17th st.. car. East Morrison. J. T. Wilson, auctioneer. At Central Auction Rooms, cor. Aider and Park. Sale at 10 A. M. Geo. Baker & Or., auctioneers. MEETING NOTICES. A. & A. S. RITE, AIN3 WORTH CHAPTER OF ROSE CROIX, NO. 1. Regular meet ing this evoning at S o'staclc. Work in 18tb degree. By" order WISE MASTER. ABERNETHY'S CABIN. NO. 1, N. S. O. Regular meeting thi3 (Tuesday) evening, Elks Hall. Marquam building, at S o'clock. GEO. T. COYNE. Pres, F. M. DEWITT. Rec. Sec. WASHINGTON CHAPTER. NO. 18. R. A. M., will meet in special convocation this (Tuesday) evening at 7:30. Work In Royal Arch de gree. Refreshments. By order of. the H. P. C. E. MILLER, Sec. COLUSIBLV LODGE. A. F. & A. SI. Stated communication thin (Tuesday) evening. Masons cerdiaHy Invited. By order of the Master. S. R. HARRINGTON, Sec. COLUMBIA REBEKAH DEGREE LODGE. NO 3 I O O F. The members will assemble at Odd Fellows' Hall. cor. East Pine st. awl Union ave.. tonight at 3 o'clock, for the pur pose of paying 0gag: DESSIE SIARTON. Sec NWAL BATTALION will assemble at the Armory Tuesday, Sept. 17, at 1 o'clock P. SI, sharp, to attend the funeral of our late ship mate. Henry L. Early. CASTLE LODGE. NO. 13, K. OF P.. wHl meet In regular convention this (Tuesday) evening In castle hall. Auditorium bulkHKi, Work in Knight rank. Visiting brethren wel come N. POLSON, C. C i. SI. MANN. K. R. & S. FUNERAL NOTICES, OSFIELD John J. Osfleld, aged 73 years. S months and 5 days; father of H. J. OsftfM. F E. J. C. Mrs. W. L. Green and AocHe Osfleld Funeral at 10 o'clock Wedtiesduy. Sept. 18. HART At North Yakima. Sept. 15, of typhoid fever. Frederick Robert Hart, aged 14 yearw. 3 months and 3 days. Funeral today -at -P. SI. from First Baptist churchy EDWARD HOLMAN, Umlertafcerv 4th and Yamhill st. Rena. StInNon. Indy aNilstartt. Uotu phones No. g07. Flnley,Klinhall fc Co., Undertakers. Lady assistant. 75 Third .st. Tel. P. F. S. Dunning, Undertaker, 414 Eat Alder. Lady assistant. Both phones. NEW TODAY. TO THE TAXPAYERS OF MULTNOMAH County Notice la hereby given that on Mon day October 7. 1001. the Board of Equatta tlon of Multnomah County will nttend at the office of the Clerk of the County Court of said county and publicly examine the assess ment rolls for the year 1001. and correct all errors In valuations, descriptions or qualltlm of lands, lots or other property. And It hi tho duty of all persons Interested to appar at the time and place appointed; and If It shall appear to such Board of Equalization that trerc are any lands, lots or other prop erty assessed twice or In the nume of a pr son or persons not the owner of the same, or assessed under or beyond Its value, or any lands, lota or other property not asee8d. said Board of Equalization shall make the proper corrections, C. E. SIcDONELL. Assessor. Portland. Or.. Septtember 14. 1001. A BARGAIN FOR SALE TWO LOTS. 10 room modern house, good condition. East 17th and Division sts. ; terms, $000 cash. $800 6 months, 52000 15 months, 7 per cent; hn medlate possession. Furniture for sale. In quire on premises, 0 to 12 A. SI.. Woodstock, and Richmond cars, one block. MORTGAGE LOANS On Improved city and farm property, at lowest current rates. Bullying loans. Installment loans. MacMaster & Blrrell. 311 Worcester blfc. MONEY TO LOAN On farm, city or suburban property; low rate or Interest; no commission: guaranteed abstracts of title of real estate In Multnomah and adjoining counties. SECURITY ABSTRACT & TRUST CO., 3 Chamber Of Commerce. FOR SALE REAL ESTATE. FOR SALE TO WHOM IT SIAY CONCERN Take notice, that Highland Place, better known as Halghfs Orchard, on Union a., this side of the stores. Are engine houae, etc. Is now platted. Thete lots have large., afcatco bearing fruit trees, and every one ot thse beautiful lots are going to be sold for $175 and up. Every Investor, homeseeker or aiec ulator. In fact, everybody. Is cordially In vited to see this property. Do not desjtoo the day of small things. Truo, our prices are small, but this property ranks wkn th very beat. It has all of the requisites for healthful and beautiful hame sites, among which are ventilation, drainage and vhw. The Highland School, with the view H af fords Its scholars, ought to produee some great artists. This property is costj to flro protection and plenty of water. It ts In a chotce neighborhood, and situated only 15 minutes from Third and Washington. sU. It la on Unlon-avenue car line; also 2 blocks from Williams-avenue cars. The tltk Is perfect; a general warranty deed gtum and an abstract will be furnished every pur chaser. For further particulars see E. J. Haight & Co.. 212 Abington building. Third st., between Washington and Stark sts. J1300-DESIR.VBLE HOME IN HIGHLAND Park 7 rooms; price less than cost of Im provements. $2S0O 6-room modern cottage, nearly eno acre: convenient to car. A bargain. 53500 G-room house and quarter block, close In. near two car lines. 55000 10-room modern house and quarter block: fine locality. East Side. 51500 Small cottage and two lots in Sun nyslde; easy terms. DAVIDSON. WARD & CO.. 40S Chamber of Commerce. t RESIDENTIAL BARGAIN We offer for sale the Jack residence and quarter block on 21st and Flanders sts. at the reduced price of 513,500, a reduction of S1500 on the former price; easy terms If da Jlrert. RUSSELL & BLYTH. 82 Third st. GREAT BARGAIN FOR SALE-50xl0O ON Gltsan street, between 7th and 8th street, with old buildings, yielding 13 per eent on prlco of 52500. Street la paved with BslgteR blocks and owner agrees to put down con crete walk and'eurb. full width. Kuwsell & Blyth. 82 3d street. SIAKE OFFER TO OWNER; GOOD HOUSE and quarter block. East 10th and BurnsWo sts., S. W. corner: house and lor. with stable, N. E. cor. East 10th and Ankeny;, house and lot. East 13th, between Pine and Oak: quarter block. East 17th and Yamhill. O 20. Oregonlan. FOR SALE THE LOTS IN HIGHLAND Place are being sold. The owner dee not want to sell to any person until they have examined every homeslte for sale la Port land. E. J. Haight & Co., room 212 Abing ton building. NEW JtO-ROOM HOUSE: FURNACE, GAS, electric light, modern In every particular; good barn and large grounds; $4500; one third cash, balance to suit at 0 per cent. Ad dress Owner, care Oregonlan. IRVINGTON Beautiful building lot on 13th. near Tillamook. 5395. Lot on Tillamook, near 10th. $l!S5. All city Improvement!. Sea owner, G20 Marquam blk. Phona Grant 021. ;