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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Dec. 10, 1901)
THE MOKNING OBEGONIAN, TUESDAY, DECEMBER 10, 1901. FIVE OPINIONS RENDERED SUPREME COURT REVERSED ONE LOWER. JUDGMENT. Adjudication of "Warehouse Dispute Two Sn'ituJkVhcreln Illesal Trans fer ot Property Wan AUesed.. SALEM, Dec. 9. The Supreme Court today handed down five decisions, as fol lows: Robert Adamson, respondent, vs. "W. J. Mariner. "Wells, Fargo & Co. and William Frazier. Sheriff of Multnomah County, appellants, from Multnomah County; John B. Cleland, Judge; affirmed, opinion oy Chief Justice Bean. The plaintiff is a warehouseman In Port land, and previously to April 12, 1S99, he received on storage quantities of grain on the account of J. R. Cameron & Co., to whom he issued negotiable warehouse receipts for all but 761 sacks. On the above date Wells, Fargo &. Co. caused a garnishment to be served on plaintiff in an action brought against Cameron & Co. In answer, plaintiff furnished the Sheriff a certificate saying that he had no moneys belonging to Cameron & Co. and that all grain he had In storage for said firm was 6ubject to warehouse and storage charges. Prior to the garnishment, unknown to plaintiff, Cameron & Co. had sold and transferred the "wheat receipts to bona fide purchasers, who in a short time pre sented them at the warehouse and re ceived the grain called for. Wells, Fargo & Co. subsequently recovered judgment In the action against Cameron & Co. and an order for the sale of the attached property. An execution was Issued and the Sheriff advertised for salo the quan tity of wheat mentioned in his certifi cate. Suit was then Instituted by plaintiff to determine the conflicting claims of the defendants Wells, Fargo & Co. and Mariner to 03 sacks of grain for which receipts had not been issued, and to en join the Sheriff from selling any grain for which receipts had been issued. By stipulation of the parties. Mariner was allowed the 503 sacks, and the suit was dismissed as to him. The court below held that the attachment operated and took effect only upon the remainder of tho grain for which receipts had not been issued, from which the defendant Wells, Fargo & Co., appealed. The appellate court affirms judgment of the lower court and holds that "the warehouse receipts for the grain stored with plaintiff on account of Cameron & Co. represented the property, and that their transfer was a valid transfer of the commodity itself." James F. Watson, trustee, et al., ap pellants, vs. Columbia River L. &. F. Company, defendants, and Dan J. Moore, administrator, respondents, from Colum bia County; T. A. McBrlde, Judge; af firmed. Opinion by Justice Wolverton. This is a case wherein the plaintiffs, having an unsatisfied decree against H. B. Borthwlck, caused several contempo rary executions to Issue to the Sheriffs of different counties. This was after his death and prior to the appointment of an administrator of his estate. The execu tions were decreed by the court below to have been improvidently Issued, and were recalled, and plaintiffs appealed. The opinion holds that the sole question presented is whether an execution may is sue during such period, and depends en tirely on the proper construction or ren dition of the statute pertaining to the enforcement of judgments in civil actions. "At common law, execution could not Issue, unless the judgment was revived through the instrumentality of a writ of scire facias, which brought in new par ties and gave them their day in court. B' . the use of such writ has long since b en dispensed with, and the statute Fives the only remedy available. . .There is no statutory provision for the u'"0 of an execution between the time of the decease of the judgment dht, or and the granting of letters testa mentary or of administration, and hence no such authority exists. The judgment creauor must aoiae the appointment of an executor or administrator, and tho lapse of six months thereafter before he can have his writ, except by leave of the County Court or Judge thereof, which can be granted only after the appoint ment, and such is the plain meaning of the statute 'the execution shall not issue within six months from the granting of letters. This is a qualification of the general statutory right to have executors, and marks the limit as it respects the time within which it may issue in case of the death of the judgment debtor. It clearly appears that plaintiff's execu tions were improvidently issued. Judgment of tho lower court is affirmed." Jean Baptiste, Emile Gamier et al., ap pellants, vs. Ira E. Wheeler et al., re spondents, from Washington County; T A. McBride, Judge; affirmed. Opinion by Justice Moore. This was a suit to set aside a deed as to a part of the real property conveyed thereby, and to subject such part to tho payment of Judgment. In August, 1S93, Ira E. Wheeler, the defendant, executed promissory notes aggregating $600 In fa vor of B. Phillips, who subsequently as signed them to plaintiffs. In October. 1S93, defendant sold all property he owned in East Portland and in Washington County to his brother, David R. Wheeler, for $S000. No part of the principal of tho notes was paid, and plaintiffs secured judgment against defendants for the amount due. In February, 18S7, execution was made on defendant and the transfer of land was disclosed. In the complaint it was alleged that defendant Wheeler fraudulently conveyed tho land to his brother in order to defraud his creditors, tout the purchaser of the land, who was party defendant to the suit, in an answer denied the allegations, and' averred that at the time the deed was executed his brother was Indebted to him in the sum of $2700; that the premises were subject to a mortgage lien of $1250, the payment of which he assumed; that he paid his brother $1500 and executed a promissory note for $2000, the balance of the purchase price; that the transaction was made without a knowledge of the plaintiffs claim and without fraudulent Intent of any kind whatever. At the trial in tho lower court, a decree was entered dis missing the suit, from which plaintiffs appealed. The only question presented in this case was whether David R. Wheeler was an Innocent purchaser for a valuable consid eration, without knowledge or notice of any bad intent on the part of his brother. In quoting Walt, on fraudulent convey ances, the court found that "three things much concur to protect the title of the purchaser. (1) He must buy without no tice of bad intent on the part of the ven dor; (2) he must be a purchaser for a valuable consideration; and (3) he must have paid the purchase money before he had notice of the fraud." In passing upon the case. In which the judgment of the lower court Is affirmed, the Supreme Court is of the opinion that David did not have any.knowledge or no tice of his brother's intention to defraud his creditors, if such intention existed. "It is admitted that the property was not worth more than $8000, and that David paid therefor this consideration." W. T. Wright and S. O. Swackhamer. appellants, vs. A. C. Craig and Amelia A. Craig, respondents, from Union Coun ty: W. R. Ellis, Judge; reversed. Opin ion by Justice Wolverton. This was a suit to set aside a ronvey ance of a tract of land having a hotel building thereon, executed by A. C. Craig to his wife, on the alleged ground that it was voluntary and made for the purpose of defrauding creditors. In November. 1SS8, plaintiffs and defendants became sureties on a note of J. B. Eaton, Jr.. to the First National Bank, of Union. To indemnify them. Eaton gave Swack hamer a mortgage, to foreclose which the bank instituted a suit and obtained a decree against the makers of the note. The proceeds of the mortgage were ap- f piled in payment of a note, and the bal ance was paid by solvent sureties. Craig paying nothing. His share was contribut ed by the plaintiffs, who did so to avoid levy and sale of their property under execution- Plaintiffs took steps to enforce contribution by Craig and wife of their proportion of the note, and execution was issued on certain property owned by the Cralgs. In the meantime, Craig trans ferred the hotel property to his wife, for a consideration of $L Craig held that the consideration stated in the deed did not indicate the actual selling price of the property; that his wife in purchasing the hotel assumed tho payment of two mortgages aggregating $1900, which she subsequently discharged. The defendants won In the lower court, from the judgment of which plaintiffs appealed. The Supreme Court holds that. Inas much as the transfer of the property by Craig to his wife practically rendered him Insolvent and without means to dis charge his legal obligations, it made a prima facie case of fraud and it there fore devolved upon the wife to show that she took the conveyance in entire good faith, without purpose of defraud ing the creditors of Craig. Mrs. Craig failed to establish the fact that she paid an adequate price for the property, which is valued at from $6000 to $10,000. The decree of the lower court Is mod ified and the deed of conveyance from Craig to his wife is set aside and the sale of the property Is ordered to satisfy the plaintiffs' demand, subject to the ac tual consideration paid by Mrs. Craig at 8 per cent per annum from the date of payment. The aggregate of the sums paid by Mrs. Craig Is $4009 37, which Is declared a Hen on the premises In favor of Mrs. Craig, superior In right and prior in time to the plaintiffs' demand. The plaintiffs are to recover their costs in both courts. John Meyers, respondent, vs. John Dillon and Charles Mellqulst, appellants, from Union County, on rehearing, affirmed Au gust 5, 1901; former opinion adhered to; opinion by Chief Justice Bean. The following orders were today made in the Supreme Court: Northwestern Door Company and H. J. Fisher, appellants, vs. S. Tomllnson et al., respondents; ordered, on motion, that re spondents have 30 days' additional time in which to file a petition for rehearing. Maurice Abraham, administrator, appel lant, vs. Oregon & California Railroad Company et al., respondents; ordered, upon stipulation, that respondents' time to serve and file their brief be extended to January 1, 1902. Asa L. Brown et al., respondents, vs. Li. B. Baker et al., appellants: ordered on motion, that the mandate be now Is sued In this case to the court below. Mary Elliott et al., respondents, vs. Clarence R. Bloyd et al., appellants, ar gued and submitted. AFTER THE RAILWAYS. Within a. Weelc Minnesota Will Have Them In Court. MINNEAPOLIS, Dec. 9. Now that Gov ernor Van Sant has heard from all the Governors of Northwestern States on the question of the railway merger, some are expecting him to call a conference at once. It can be safely stated that the Governor Is not going to fndulge In any side issues or jaunts at present He has set the machinery going and within the week Attorney-General Douglass will have the railways in court There is no occasion for the Governor to move in other directions until the legal remedy is exhausted. He will correspond further with the Governors, but will not call any conference at present SWITCH TAMPERED WITH. Opinion of Southern Pacific Officials as to Cnnae of Salcra "Wreck. Superintendent Fields is firmly of the opinion that the switch which caused the Occident to the passenger train at Salem Saturday night had been tampered with. He does not rely entirely on the state ments of the railroad men who were re sponsible for proper locking of the switch, though they were positive it was all right when they left it. If the switch had merely been thrown wrong the train would simply have gone in on the wrong track, where there was ample room for it without damago to anything or any body. But the switch was only partly over and some of the trucks took one track and some the other, and the result was disastrous. Chief Engineer Grondahl was with Mr. Fields in his special car. Superintendent Fields hurried up ahead to give -what as sistance he could toward the release of the engineer. Mr. Grondahl, finding that he could do nothing there, went back to examine tho condition of the train and see what had caused the wreck. The switch had not been torn up and he looked for the lock and could not find It Thorough search was made, but the lock, a large brass padlock that could easily have been seen for a considerable dis tance, could be discovered nowhere. Nor has it yet been found. This Is taken as pretty conclusive evidence that the switch had been tampered with and that it had been done with malicious intent to cause the wreck. Though the switch stand was not en tirely right. It showed more white than red, and Engineer White was justified In taking it for safe until he got close upon it When he saw the switch was partly open, he set the emergency brakes, but the engine left the rails and chugged along on the ties several yards before plunging over the side of the bridge to the right The other cars piled up or re mained on the rails, as has been de scribed. The fireman had jumped to his death, and the engineer, having done all he could to stop the train, was evidently preparing as fast as he could to Jump when the locomotive took the terrible leap. The fall of about eight feet was of Itself a bad Jolt to the engineer. His body and his right leg were out the cab window. As the ponderous machine struck the ground and buckled, the left leg of the engineer was caught by the reverse lever and the steel cab pressed It hard against the firebox and held the man fast. It was half an hour before the fire could be extinguished to permit men to work, and an hour and a half more before the engineer was released, only after jackscrews had been obtained and placed with great difficulty In position for work. The leg was burned from the hip down, and even the bone of the lower part of the limb was burned. But White came out of the wreck so strong that there was hardly a doubt as to his recovery. His wound was dressed and his wife reached him about 10 o'clock. He talked with her a while and half an hour or so after her arrival he became unconscious, and he continued so until he breathed his last about 4 o'clock In the morning. It was the shock of the accident that killed him. The track was In surprisingly good con dition after the wreck. Few ties were broken and only two or three rails ripped up. ANOTHER RAILWAY COMBINE. Pennsylvania ami Hock Inland Said to Be Getting ToKether. NEW TORK, Dec. 9. The Times says: "Financial and railway circles are ani mated by reports that official announce ments are about to be made of important developments along community of inter est lines. One of these foreshadowing at least one new and big combination is that a new president Is about to be elected by the Chicago. Rock Island & Pacific Railroad. W. B. Leeds Is the se lection. Mr. Leeds, who was one of the chief promoters of the American Tin Plate Company, has affiliations in the railway world, being with the Pennsyl vania system a fact which gives edge to the theory that his acceptance of the Rock Island presidency Is preliminary to some close traffic alliance with the Pennsylvania." BOUGHT TEN SHIPLOADS PORTLAND EXPORTERS WERE THE 3H.RKET LAST "WEEK. IN Heaviest Movement of the Season In Wheat FrelRhts Firm and Higher. Portland exporters bought upwards of 1.003.000 bushels of wheat' last Friday and Saturday, and as some of them were short on ships before the last bulge loosened up tho wheat, there was naturally renewed activity in freights. One million bushels of wheat will fill about 10 of the average ships, which come to tho port, and, while a portion of the amount -bought was for Puget Sound shipment, tho vessels to handle It are all chartered In this city. Sail tonnage continues very scarce, and while three or four of the "wind-jam- l . l J $f? " nllOL & If 3&r- f ? TK - WTttjiff rjq - ma wM "ifT """''v""rr"tlltfTk'l!Wrirt'tfT' Onuiwrtnni . , r f ? f C& am ii jiinifii'riniiri "ft The British steamship Foreric. now loading- at the Eastern Lumber Company's docks In this city. Is a very heavy carrier. She will take from this port about 3000 tons of Government stores, and will finish out her carso with over 1.000.000 feet ot lum ber. She Is now receiving her cargo at a rapid rate, and will be given very quick dispatch. mers" were chartered yesterday some of the exporters were obliged to take steam ers, and at least two big steam carriers wero chartered, both with the option of loading at either Portland or Tacoma, the rate paid being in the vicinity of 3Cs 3d. The sailers taken were fixed at rates "varying from 35 shillings, April, up to 37s Cd for January loading. The British ship Fulwood, which ar rived In Saturday, Is still on the free list, and If the strength of the wheat market continues she will probably be a "40-shlH- ing ship." It was reported yesterday that she had refused 3S shillings, and as tho , port is becoming pretty well blocked up on wheat with plenty more coming, she Is in much better demand than she would havo been had the market remained dull and the ships came to hand on time. The situation was relieved slightly yesterday , by the arrival of the French bark Asle, I the German ship Tarpenbek and the Ger- ' man bark Schiller, all under charter for wheat loading. The Tarpenbek comes with a full Inward cargo of cement, but the other ships are In ballast. A big fleet Is still due, but they are so well cov ered already that new tonnage must bo provlaed for the wheat which is now bought WRECK OP THE SIDI. Ernest Reycr'H Sernpe Rccnllf) An- other French Shipwreck. ' Whilo the French flag has been seldn seen In Portland harbor until within the past few years, vessels of this nationality have been coming to the port at intervals for the past quarter of a century. One of these vessels got Into nearly as bad a scrape as that of the Ernest Reyer early In 1E74. The vessel was the French brig Sldl, a diminutive craft, that was coming to Portland In ballast from San Francisco to load wheat. The vessel made the greater part of the Journey from San Francisco In a thick fog, and when it lifted, off the Columbia, the Sldl's master t found that he was so closo in that he could not get back to sea. Ho mado the best of a bad job by squaring away and sailing in. The little craft cro.sed the bar in fine style, but when the foot of Sand Island was reached the wind died out and the captain was unable to make the turn leading up to Astoria. He dropped anchor, but the holding ground was bad, and the vessel drifted ashore. She wa? so light of draft that at low tide she was high and dry and the crew walked ashore. The brig was a new vessel on her maiden- voyage, having been launched but eight months before. She was 27C tons net register, and was Insured for $30,000. The underwriters sold her to a company of Astorlans headed by the late George W. Warren and George Wood?, at present one of the bar pilots at the mouth of the Columbia. The Astorians floated her with but little difficulty, and secured Ameri can register for her. She was rechristened tho Sea Waif and was engaged in the Coast lumber trade for many years, after wards sailing between San Francisco and , Australia. ORE BARGE 3IISSIXG. Pnfcet Sound Tag Loses n Portion of Her Tovr In n Storm. SEATTLE, Dec. 9. The strange disap pearance of a barge loaded, with 250 tons of Glenora iron ore which was lost from the tug Bermuda during the storm of last Tuesday night has aroused considerable speculation among Sound skippers, and not a little anxiety. Any of the Sound steamers striking such a mass would probably go to the bottom, and there would also be a considerable sum in the way of salvage to the lucky steamer picking up the lost carrier. The barge was lost last Tuesday night The tug Bermuda had It and another barge In tow from the British Columbia side. The storm turned Into a veritable hurricane, and under the terrible strain ing the hawsers connecting the last barge broke. On the tug the loss of the barge was not discovered until daylight. After delivering the remaining barge at the Tacoma smelter, the Bermuda set out In search or the missing scow. She has been at work since Wednesday afternoon. and has called In at every bay and Inlet where It would have been possible for the barge to havev gone ashore, but at the present time has not even heard of tho barge. 3TOT THE ASIE. Fonr-Mnsted French Bark Was Xot In Danger. ASTORIA, Dec. 9. The French bark Asle arrived In port this afternoon from iiooart, xasmania, ana reports tnat sne was not the four-masted bark that has been reported as anchored off shore near bor the passengers took up a subscription Point Granville, Washington. The Asle J to purchase supplies, and $470 was sub arrived off the mouth of tho Columbia . scribed, but that was not sufficient, so 10 days ago, and was driven north, but at j Captain Greene gave a bond on the vessel no time was In danger. She has 1700 tons j for other money needed, and the vessel of ballast well stowed away In her hold. I sailed from Dutch Harbor, November 9. No word has reached here today as to the I Continual gales were encountered. No Identlty of the four-masted bark that I? j vember 11 seas swept the vessel from reported to be anchored off-the Washing. ton coast except that she Is one and one-half miles off Blufftown, which Is a few miles below Point Granville. THERE ARE OTHERS. Boston, Nevr York, Liverpool and Other Porta Have Trouble. Marine accidents are common wherever there are ships, and this Is the season of the year when they are the "most plenti ful. Portland, considering Its size and prominence as a port, does not suffer worse from these casualties than other ports, although there is a disposition In certain quarters to give out the Impres sion that ships bound to and from this port have more difficulties to contend with than those at other ports. The New York Journal of Commerce and the New BRITISH STEAMSHIP FORERIC. ?.. . -B.-i ' ll Willi Mil in i mil lllil WIIPI1 7i.mmymxmmmBmmBmannBamimaM ffiS JL iJXrr?A' " York Maritime Register In their last is sues have the following mention or ves sels that encountered trouble within a few days, without conilng to the Colum bia River for It: Newcastle, N. S. W., Oct. 7. The bark Inveramsiy. loaded with coal, grounded when being removed from the crane on October 4. The bottom Is soft mud, and the vessel Is apparently uninjured, but four tugs failed to pull her off at high tide yesterday. She therefore commenced to lighten, and after removing 500 to G03 tons the vessel will come off. Genoa, Nov. 9. British steamer Cento, sailed yesterday for Constantinople, etc., and a port in the Gulf of Mexico, In tow of two tugs, in charge of a pilot, collided with the pier, owing to a squall of wind; put back with three plates broken, star board bow stove in. British bark Culdoon, from Sydney, C. B., for St. John, N. B.. with coal, on November 25 was pounding badly on Wor mell's Ledge, in West Quoddy Biy, Me. The crew was taken off by llfesaving crew of West Quoddy Head. The British steamer Calrncrag. for Lis bon and Manchester, while bound down the river from Mobile on November 1!. wont aground, but floated next day and proceeded down the bay. She would load her bunker coal from lighters in the lower bay. The British steamer Campania, from Liverpool, lost her starboard anchor and 150 fathoms of chain while trying to an chor outside Sandy Hook during a ter rific gale on the night of November 23. The Norwegian steamer Buccaneer, from Port Antonio, got ashore on Ches ter Island, below Philadelphia, in the forenoon of November 23, during a fog, and was floated with the assistance of tugs and arrived up at Philadelphia ap parently uninjured. The German bark Atlanta. Bren, from Hamburg, for Santa Rosalia, which re- turned damaged, as before reported, has again been towed back to Hamburg. owing to stress of weather and with her rudder damared Atlantic City. N. J., Dec. 2.-The bark Matanzas Mowatt from Sabine Pass, for Philadelphia, with a carso of fuel oil, llos about 10 miles off here. Her sails are gone, spars sprung, and cargo tanks are bursted, causing a bad list to port Two of the crew came ashore and reported tho Immediate need of a tug. A telegram from Captain Hanspn. of the Norwegian rteamer Alf, recently ' ashore In the St. Lawrence River, and now at Quebec discharging her crgo, stated that the damage to the vessct would be very heavy, and it Is probable that she may have to Winter at Quebec. The schooner James Eoyce, from Hills boro. N. B., for New York, struck Boon Inland Ledge on Saturday, but floated after remaining ashore an hour and a half. Her stern post was started and shoe carried away, and the vessel was leaning nacuy. fc.ne arrived here yester- day and was grounded In the mud on South Boston Flats. Havana. Nov. "21. The British steamer Comlno. Captain Bpgg. from Liverpool. via Santander, etc.. has arrived here with I a slight leak, having been ashore on the J Florida coast: she Jettisoned cargo to tho extent of about 40 tons. The British steamer Hanover, Captain Phelan. from Philadelphia. November 1C. for Grave.end and Hamburg, was aground today at the entrance of thp River Thames. With the assistance of tugs she was hauled off at high tide and has arrived at Gravesend. Norfolk, Nov. 30. The Erltish steamer Portugalete, Captain Jenkins, from Gal veston, for Tyne Dock, via Norfolk, grounded on a lump in Hampton Roads when outward bound this morning. Tho steamer floated uninjured and proceeded. The British steamer Hackney, Captain Storm, of New Orleans, for Nantes, via Norfolk and Rotterdam, grounded near buoy No. 11, Hampton Roads, when out ward bound 4ast night She floated unin jured six hours later and proceeded. HARD VOYAGE FROM NOME. j . . T Frovllon ere Sennty, and Heavy I uaies were Kneonntcrcd. PORT TOWNSEND. Wash.. Dec. 9. The Ralph J. Long, Captain M. F. Greene, 47 days from Cape Nome, with 90 passengers and 15 stowaways, arrived today. Accord ing to passengers, she had the most eventful voyage of any vessel ever sailing from the north. The vessel sailed from Nome, October 23, with provisions enough to last to Dutch Harbor, under favorable circumstances. Before reaching that port, tho water supply gave out- For two days I the passengers were without water. Dutch Harbor was sighted, but strong head , winds were encountered, and the vessel lay to. ' When the schooner reached Dutch Har- stem to stern. Mate Hanson, while trying to save prop erty from being washed overboard, was caught by an Immense sea and carried overboard and drowned. For the last two weeks of the voyage, the passengers had to depend on what rain they could catch for water supply. Declining: English. Trade. NEW YORK, Dec. 9. The London Times, in Its financial article, which has been republished In the New York Times, says the trade relations for November are again unsatisfactory, showing decreases In the values of both Imports and ex ports. However, a great deal of this Is due to the lower price ruling. The decrease In Imports equals 5.S per cent, and that In exports of English and Irish products 7.2 per cent The coal ship- ments were less In quantity bj 590.000 tons, equaling 14.4 per cent, and In value by 1,359,637, equaling 37.9 per cent. Coal shipped for the use of steamers shows an Increase of 21.300 tons. Another Overdue Safe. SAN FRANCISCO. Dec. 9. Another vessel of the overdue fleet has been re ported safe. Cable advices from London to the Merchants Exchange today an nounce that the British ship Prince Al bert was reported this morning off the English coast The vessel was out 211 days from Vancouver for Qucenstown. and 50 per cent reinsurance was offered bn her. An hour or so before the news came that she was reported, the rate jumped to 73 per cent Victim of n StrmiRre Accident. SEATTLE, Dec. 9. H. W. Glenson. traveling agent for the Buculen Drug Company, of Chicago, and a resident of San Francisco, was fatally scalded while lying In his stateroom aboard the Sound steamer Dodc Sunday. The cylinder-head blew out, breaking a hole through the wall and permitting the steam and water to enter. Gleason died in Providence Hos pital today. He has a wife and child in San FrancLsco. River Is Iti.slnpr. EUGENE, Or.. Dec. 9. Tho river rose rapidly today as a result of the heavy rain of yesterday. It reached 14 feet at the bridge. Domestic and Forelprn Ports. ASTORIA. Dec. 0. Arrived at 10:20 A. M. German bark Tarpenbek. from Hamburg; Ger man bark Schiller, from Santa Itosalla: Frcneh bark Asle. from Hobart; nchooner J. M. Col man, from San Pedro. Condition of the bar I at 5 P. M.. rough; wind southwest; weather I squally. ' San Framisco, Dec. 0. Arrived Barkentlnc c,rl,y f Payettr. Port cimbIe. Dec- 0. Arrived Ship St.-nd- SeatUe- Salled-Steamer ProBrcso. j N(TW Yor Dea j.ArrlvedMaa3datn. from j Rotterdam, Yokohama.-Salled December 7-Rraemar. for Seattle. Perlm. Passed December 8 Yangtse, from Seattle, via Hlogo, etc. Glasgow. Dec . Sailed Laurcntlan, for Xew York. Bremen. Dec 0. Sailed Barbarossa, for I New York. Seattle. Sailed December 7 Steamer Dlrlgo. for Skagway; 8th. steamer American, for San Francisco; Otn. British steamer Glcn-shlel. for London. Arrived Sth. steamer Edith, from San Francisco; 9th. steamer Dispatch, from San Francisco; steamer John S. Kimball, from , San Francisco. j Port Los Angeles. Dec 0. Arrived Steamer Mlneola, from Nanalmo. Southampton. Dec. 9. Arrived Steamer i Glenlochln. from San Francisco, via Coronet. I """'"""" gtt7- Assnllnnt Got Away Easy. SALEM, Dec. 9. Ross MeCormlck was arraigned before Police Judge Judah this morning, charged with assault and bat tery. The complaining witness was Will lam Baker, a printer. McCorraick prom- fpOTii ,5c" jrtWk. aSs 'S- -HstfFSi. ?-3-a imparts that peculiar lightness, sweetness and flavor noticed in the finest cake, biscuit, rolls, crusts, etc., which expert pastry cooks declare is unobtainable by the use of any other leavening agent Made from Pore, Grape Cream of Tartar, ROYAL BAKING POWDER CO 100 WILLIAM ST., NEY YORK. Ised to leave the city and remain away for a year. Saturday evening. Baker and Mc Coimick engaged in a drunken fight In the street. In which the former was brutally beaten. AT THE HOTELS. THE PORTLAND Chas J Toung. St L Geo E Walto, San Fr F W Plant & w.MInpIs Jos H Spear. Spokane J O Dixon & wf, X Y Geo H Robinson &. wf, NT Y Chas Lauterbach, Chg Otis A Poole. Yoko hama O M Poole, do Robt Mclntyre. LosAn F B Dallam, S F R P Lewis. San Fr E T Kruse. San Fran BenJ Sweet, Mllwk H F Greene, N Y L E Trent Thomas M Owen C J Riley, Chicago Geo K Burton, San Fr M D Henlngton, Jr. Seattle J Jacobs. San Fran Mrs Ed S Hamilton, Tacoma Jas Craig. SUverton Henry Pearce. Jr.Prov- dence. R I John L Bayne Peter Harvey, San Fr C F Miner W R Scott, Chicago Fred Olsen. San Fran Mrs F S Lang. Dalles Miss Lang, Dalles Dr E B Merchant. S F Mrs J J Kenly. Seattle Lewis Hall. Welser Frank L Hunter, S F W S McKee, Chicago G P Paine, St Paul H Heynemann. San Fri Robt Rosenberg. N x H E McConnaughlty, San Francisco John L Jepson. N Y H E Schmale, N Y Jas Thompson. N Y E Newman. N Y J Marx. N Y H W Beny. Mel bourne, Australia E T Brown. Buffalo A G Perry, Chicago THE PERKINS. F A Bryant, Seattle C E Browon, McMlnt J A Tozier. McCoy (Mrs Bronson. do Chas Butler, Pt Townd E W Hazard. Hull.Ina E D Gonsor. Hoquiam Mrs Hazard. Hull, IniJ Frank J Bekman. do Mrs L A Lavely, Lin coln, Neb A Nardun. San Fran C G Hulse. Moro T H Glynn. Kan City A L Morris. O R & N T N McBrlde. Seattle C E Moulton. Tacoma Mrs J McPheroon, J R Burke. Cathlametl Wasco Miss Amy Conarus, R Bums. O R & N do "Wm Burke. Hoqulan; J P Anderson. Tacoma Grant Arnold, Toledo. Wash Kcbt McKlllIp, Centor- H M Adams, Spokane Mrs Adams, Spokane W J Hubbard, Dayton, Wash vlllc. Wash H C Means. Pendleton! W S Lytic. Dalles Yv' R Parker. Pendletn.j C Zonls. Seattle Elmer Knigm, uo iFrank Gibson. KICK- H N Aldrlch, Bridal "V Mrs Aldrlch. do J A Thomson, wf & 2 chdn. Dayton. Wash Clarence F Gilbert. Hood River reall J A Cunningham, Carl ton Mrs Cunningham, do 1G T Kelly, city H saanl. San Fran Mrs F L Benedict, city Hobart Mitchell, city A W Cooper, Goldendl E D Gllson. Keene.NH J F Hubbard, Dayton, Wash J F Klrby. W W G M Wilton. W W J Morrison, Portland C W Simpson, ash J W Hanover. Bloom- i Ben Blsslnger. Phlla lngton. 111 C W Rollins. St Louis Mrs Hanover, do W H Wilson. Dalle3 D P Doherty. Heppner'G Wlnehlll. Cincinnati Mrs Doherty, do (EC Knowles. Portland H B Parker. Astoria 'Mrs Knowles. Portland Mrs Geo Stump, Os- J S Reee. Newberg. Or trander W S Thomas. Ashwood M!? Myrtle Stump, do T L Chllders. Ashwood V A Carlton. Wells (Mrs Hughes. Pendleton Mrs Calrton, Wells O Hager. Hcppner A G Huntlngton.Catlln C D Gay. Ashwood Mra Huntington, do JH C Grater. Ahwood B F Swlck, Dayton Ray E Muss, Shanlko J K Flint. St Louis IW T Wood. Ashwood L W Ball. Qulnna. Or C P Maupln. Ashwood Mrs Ball, do Mllo Wood. Ashwood G W Tape. Hot Lake IJas Wood. Ashwood W M Pearce. Pendletn.John Knight. Ashwood E Evans. Denver IJ Shank. Albany Mrs Ev?ns. Denver Thron Thronson. Ash- E R Hunt. Ogden Mrs Hunt. Ogden A F Wall. Dalles Mrs Wall. Dalles John E Chappell, Gol- dendale Mrs J E Chappell. do Master Chappell. do Dr A W Hill. Free water. Or W L Vanderpool, Du- ftii Of wood T J McClung, Wlll- lams. Or H M Brace. San Fran F R Beahan. Chemawa R W Moses. Crawfords- vlllc E D Starr, Brownsville ip W Starr. do H T Hahn. do Carl Noeske. Astoria M J Jones. Brooks C B LaFollett SherldniMrs F D Pease. San F F A Jett. city L A Matter, mcasu J R Nagel. Seattle John Moyan. enpe Hrn Geo S Gabbett. BuffaloiL G Vogel. Cape Horn Hump 1 THE IMPERIAL. C. W. Knowle. Manager. Geo Cohn. Seattle (Mrs E Stone. Albany Jas B W Johnston. Ta-,S M Woodworth. Chgo coma Mrs Woodworth. Chgo R L Edmlston. Spokn iMw F J Taylor.Astora Jas J Jeffries, LosAngl Mrs Thcs Ryrle, do Jack JffriPM T.nt Ant? A B Eastham. ancvr W W Baker. W W W H Byars. Salem Julius Schwarzschlld, II B Gillett. Roseburg Mrs Jay Lynch, Fort Stmcoe G Gerand, do E Hashlot. do X Hotter. do M Corvllle, do J E Forsher, Salt Lk Maud Forsher, do J C Mayo. Astoria Miss A Pefferly. 03- tarlo I Selatzet. Ft Slmcoe Geo Chandler, Bakr C M F Thoma3. La Grand R S Sheridan. Boise Mrs Illsley. Ontario (A H Skinner. San Fran W G Howell. Astoria Mrs e u wins, wrss - Mrs Hugh Logan. The M Morrison. Montana Dalles T c: rVioner. Indp. Or Minnie L Lay. Dalles S Price. San Fran Mrs C B Wade. Pen dleton A B Thomron. do Henry Nice, Wnldport Fred H Vaughn, To ledo. Or Geo C Blakeley, The Dalles IR II Wilcox. Pendleton J D Merryman. Hlllsbo S B Huston. HHUboro (Mra Hu-ston. Hlllsboro Boudral & wife, ship Belen Leunedl. ship Eugenie Fantrel C Vaughn, bk Henrlette C Gurler. bk Olga THE ST. CHARLES. J N Bahr. Pendleton tA J Brigham. Dufur Jas BIrrcr. Pendleton C A Loney. Woodland F A Bernlng & fy. An-E P Smith. Woodland telope i Ja Qulnn, Quinn a G V Broth, Moro Geo A Slocum. Sylvan J R Hunter. Monklnd (John Tatton. Stevcni G C Rodell. Mlnnpls E Z Zlttker. Rldcetld F M Robinson. Oreg. OW G Maxey & wf. do w n whit . Vnnnvr iJ Copeland. Sheridan C A Lawton. Dalles A W Jones. Goble E Campbell. Kalama T It McGlnnls, Moro S Poland. Carroll's Geo Williams, Ho quiam iC is LaFollett. sneria (Mrs L Beebe, Kel?o Mrs J Tohlll. Kelso f Jake Tlppery & son. do IF G Barnen. SIlvr Lk Geo Halleck, Silver Lk IM A Harrington, do IE F Turner. Monmth Pete LImmer, do rhiut Merrill. nresham'Chas Brlcker. do C Clement. Grcsham ;Capt John Brown, city W G Smith & wf, Wll- rib Cox & vr. Salem son H C Lleser. Vancouver R C Stlllmacher. Al- D W Slddens. Dallas bany W OglMby. Kelso C L Plerson & wife, iC Johnson & wf. Seattl Hood River X H McKay. Sauvle's A N Ames. Woodburn ,K E Gardner. Woodlnd Wm r.trg & w. Stella T Robins, Woodland O E Elliott. Marshlnd ,J Wilson. Salem John Kennedy. Terry L Cltxiuct. Dalles Mr? Beard & son. As-tL C Mourey. Dalles torla Tete Lemmer. Dalles Tho- Baskersllle. do J D McKay. Scappoose " J Stater. Xewberg H Vandermost. Sau T C Watts. Reulvn I vle's Orln Abel. Sauvle's m D Hopper. Goldendl J E Holyfleld Sc wife. Ml C Knseberg. Moro Maygers 111 W Kaaeberg. Grass H C Merwln. Kalama Vnllev C M I'umphrejs, La C H Chrlstenson. Amity Grande R E Jenkln. Amity F E Simpson, Cascade T W Hnckett. Pe-EU IjkVs G S Foster. Goble N C Ol3on. do ,F J Kemp. Maygers Hotel BranT-Ick. Scuttle. European, rlrst-class. Rates. EOc to T1.5 One block from depot. Restaurants near by. Tncomn Hotel. Tncomn. American plan. Rates. TS and up. Donnelly Hotel. Tncomn. European plan. Rates 0c and up. MnMcnl Concert nt Monut Angpl. MOUNT ANGEL. Dec. 9. A well-attended concert was given by Mrs. Beatrice Barlow DIerke at Mount Angel College Saturday. A reception was tendered Mrs. DIerke by the students SUnday. A con test was held between the musical de partments of the college and the acad emy. Mrs. DIerke decided In favor of Ed ward Sheridan and Thomas P. "Walsh, both of the college. My RHEUriATISn CURE is just as certain to cure rheumatism water Is to quench thirst. No matter what part of the body the pain may be in or whether it is acute or chronic. nUNYON'S RHEUHATISH CURE will drive it out in a few hours, and fully cure in a few days. flUNYON. Munyon's Dyspepsia Cure will cure any case of indigestion or stomach trouble. Ninety per cent, of kidney complaints, including the earliest stages of Bnght's Disease, can be cured with Munyon's Kidney Cure. Munyon sCatarrhCurewill cure catarrhof the head, throat and stomach, no matter of how long standing. Nervous affectionsanddiseases of the heartarecoa trolled andcured bvMunyon'sNene andKeartCure. Munyon's Cold Cure will break upany form of cold. Munvon's Vitalizer restores lost powers to weak men. Price $i. The Guide to Health (free) tells about di;eas--3 and their cure. Get it at any drugstore. The Cnr s are all on sale there, mosdv at 25 cents a viaL Munyon. New York and Philadelphia. MUXYOVS IXII tLER CUBES CATARBII. arniMPAW',s extract 3 SV.l.-J6..a. J. ail M. W OF BEEF. g 8 BEWARE OF 'JUST AS GOO0S World Famous Mariani Tosic Hasaremarkable effectin strength ening the voice and maintaining its tone. It is largely employed by clergymen, lawyers, teachers, singers and actors. All Druarjists. Refuse Substitutes. AH ELEG&NT TOILET LUXUHY Used by people of refinement for over a quarter of a century. BOX CALF, V3C! KID, PATENT CALF NEW STOCK . C. GODDARD & CO. Sixth and Washington Sts. No More Dread of Denial Chair TCT.-1 . EXTRACTED AND FILLED ABSOLUTELY WITHOUT PAIN bj our Into sc'entlflc method applied to the guma. No sleep-producing agents or cocaine. These are the only dental parlors in Portl.ind having PATENTED APPLI ANCES and Ingredients to extract, fill end apply gold crowns and porcelain crowns undetectable from natural teerh. and warranted for 10 years, WITHOUT THE LEAST PAIN. AH work done by GRADUATED DENTISTS of from 12 'o 70 years' experience, and each drpart ment In charge of a specialist. Give us a call, and you will find us to do exact'y as we advertise. We will tell you In ad vance exactly what your work will cost by a FREE EXAMINATION. POPULAR PRICES JJO PLATES tt&uy New York Dental Parlors MAIN OFIICE: Fourth and Morrison sts.. Portland. Or. HOURS: S:33 A. M..to 3 P. M.: Sundays. 8:30 A. M. to 2 P. M. BRANCH OFFICE: , 611 First avenua. Seattle. Washington. 1 blue IgSvJ i I p SIGNATURE fflM 1 1 n Mb 1 ! lC GUARANTEES 1 1 A I flCDIf1 1 H&jlr-Lltti'wflk I all rWeiiiHicftriWlWiifiimmiiaJLiir W n TUl m 111 n'lTillwJIIiiiiiiiWl PERFECT W. L DOUGLAS CI K jlL$3 fell r -i no o